Judgment of the Court (Eighth Chamber) of 5 May 2011 – Commission v Belgium
(Case C-265/10)
Failure of a Member State to fulfil obligations – Regulation (EC) No 1907/2006 – Chemicals – Registration, evaluation, authorisation of those substances and restrictions applicable to them – REACH Regulation – Article 126 – System of penalties in the event of infringement of the provisions of the REACH Regulation – Lack of implementation within the period prescribed
1.Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 27)
2.Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Implementation by Member States – Penalties in the event of failure to comply with the regulation – Federal Member State not obliged to conclude a cooperation agreement with the regions in order to give effect to the regulation (European Parliament and Council Regulation No 1907/2006, Art. 126) (see para. 37)
Re
| Failure of a Member State to fulfil obligations – Infringement of Article 126 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p.1) – Penalties applicable for infringement of the REACH Regulation. |
Operative part
The Court:
1. |
| Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to implement the penalties applicable to infringements of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, the Kingdom of Belgium has failed to fulfil its obligations under Article 126 of that regulation; |
2. |
| Orders the Kingdom of Belgium to pay the costs. |