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Case C-351/09: Action brought on 28 August 2009 — Commission of the European Communities v Republic of Malta
ECLI:EU:UNKNOWN:62009CN0351
62009CN0351
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7.11.2009
EN
Official Journal of the European Union
C 267/45
(Case C-351/09)
2009/C 267/77
Language of the case: English
Parties
Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán, K. Xuereb, Agents)
Defendant: Republic of Malta
The applicant claims that the Court should:
—Declare that, the Republic of Malta,
(a)having failed to establish monitoring programmes for inland surface waters and make them operational in accordance with the first two paragraphs of Article 8 of Directive 2000/60/EC (1)
(b)having also failed to fulfil the obligation to submit summary reports of the monitoring programmes for inland surface waters in accordance with the second paragraph of Article 15 of that Directive,
is in breach of Articles 8 and 15 of the said Directive;
—Order the Republic of Malta to pay the costs.
Pleas in law and main arguments
According to Article 15(2) of the Directive, the latest date for submission of summary reports on monitoring programmes was 22 March 2007. Further, the obligation to submit the summary report regarding monitoring programmes for inland waters is independent from any obligation to submit the 1st Water Catchment Management Plan. To date, the summary report regarding monitoring programmes for inland surface waters has not been forthcoming. As a result, the Commission is of the opinion that the Republic of Malta has failed to fulfil obligations that it has under the second paragraph of Article 15 of the Directive.
In addition, on the basis of the above information provided by the Republic Malta, and by the lack of information concerning the summary report due by the Republic of Malta regarding monitoring programmes for inland surface waters, the Commission consequently takes the view that the Republic of Malta has failed, to date, to establish monitoring programmes for inland surface waters and make them operational in accordance with the first two paragraphs of Article 8 of the Directive. These programmes are essential in order to establish a coherent and comprehensive overview of water status within each river basin district (2).
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy
OJ L 327, p. 1
Article 8(1) of Directive 2000/60/EC