Opinion of Mr Advocate General

Mr President,

Members of the Court,

1. The Court of Justice is asked to declare in proceedings instituted by the Commission, against the Kingdom of Belgium that the latter has failed to fulfil its obligations inasmuch as it has brought its national legislation only partially into line with the provisions of Council Directive No 78/319/EEC of 20 March 1978 on toxic and dangerous waste.

2. That Council directive, which was adopted on the basis of Articles 100 and 235 of the EEC Treaty, is designed in the first place to abolish any risk of unequal conditions of competition resulting from the disparity between the provisions on disposal of toxic and dangerous waste already applicable or in preparation in thé various Member States, and secondly to lay down certain specific provisions concerning Community policy in the sphere of protection of the environment and improvement of the quality of life.

3. Article 14 (1) of the directive provides that:

4. Belgium is also charged with failing to fulfil its obligations under Article 14 (2) of the directive in question, which provides as follows:

5. In conclusion, therefore, I suggest that the Court of Justice should declare that by failing to adopt within the prescribed period the provisions needed to comply fully with the obligations laid down by Council Directive No 78/319/EEC of 20 March 1978 Belgium has failed to fulfil its obligations under the EEC Treaty.

1 Translated from the Portuguese.

2 Official Journal 1978, L 84, p. 43.

3 In particular, the Law of 22 July 1974 on toxic waste (Moniteur belge of 1. 3. 1975) and the Royal Decree of 9 February 1976 laying down general rules concerning toxic waste (Moniteur beige oí 14. 2. 1976).

4 Sec, for instance, the judgments of 2 February 1982 in Cases 68/81, 69/81, 70/81, 71/81, 72/81 and 73/81 Commission v Belgium [1981] ECR 153, 163, 169, 175, 183 and 189.

5 See, for instance, the judgment of 5 May 1970 in Case 77/69 Commission v Belgium [1970] ECR 237.