Opinion of Mr Advocate General Mancini

1. On 2 February 1982, giving judgment in actions brought by the Commission of the European Communities in Cases 68 to 71/81 ([1982] ECR 153, 163, 169 and 175), the Court held that the Kingdom of Belgium had failed to fulfil its obligations under the Treaty by not adopting within the prescribed periods the provisions needed to comply with the following Council Directives: 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (Official Journal 1978, L 54, p. 19); 75/442/EEC of 15 July 1975 on waste (Official Journal 1975, L 194, p. 39); 75/439/EEC of 16 June 1975 on the disposal of waste oils (Official Journal 1975, L 194, p. 23); 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (Official Journal 1976, L 108, p. 41).

2. The Belgian Government does not deny the facts complained of by the Commission; just as it did in Cases 68 to 71/81, however, it ascribes them to obstacles of constitutional origin resulting from the entry into force of the Law of 8 August 1980. That important reform transferred to the regions into which Belgium is divided exclusive powers in a number of fields, including those to which the four directives relate. It was therefore for the regional authorities in question to fulfil the obligations laid down in the directives, but their respective legislatures have not yet done so.

3. That being so, I can only conclude that the Commission's applications should be upheld. I therefore propose that the Court declare that by not complying with the Court's judgments of 2 February 1982 in Cases 68 to 71/81 the Kingdom of Belgium has failed to fulfil its obligations under Article 171 of the EEC Treaty.

1 Translated from the Italian.