Commission of the European Communities, applicant, v. French Republic, respondent

Resumen

The Commission of the European Communities brought an action under Article 226 EC for a declaration that, by failing to carry out a total number of annual inspections corresponding to at least 25% of the number of individual vessels entering its ports in 1999 and 2000, the French Republic had failed to fulfill its obligations under Article 5(1) of Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control). The Commission stated that, by carrying out inspections of only 14.1% and 12.2% respectively of individual foreign vessels which entered its ports during 1999 and 2000, the French Republic had manifestly failed to fulfill its obligation under Article 5(1) of the directive, according to which each Member State must carry out inspections of at least 25% of the number of individual vessels entering its ports during a representative calendar year. Failure to fulfill that obligation inevitably lead to an increased risk of maritime accidents and therefore to loss of life and to sea and coastal pollution. The French Government referred to an exceptional multi-annual recruitment plan, which would continue until 2006, whose aim was to double the number of ship safety inspectors. Finally, according to the French Government, that plan would ensure, in the medium term, an increase in the number of inspections without affecting their quality in order that the level set by Directive 95/21 could be achieved. The Court emphasized that a Member State could not plead provisions, practices or situations in its internal legal order to justify the absence of implementation of a directive within the period prescribed. Consequently, it was held that the French Republic had failed to fulfill its obligations under Article 5(1) of Directive 95/21.

Texto completo

Comission des Communautés europénnes c Republique francaise C_439_02.pdf

Comission of the European Communities v. French Republic C_439_02.pdf

Página web

curia.europa.eu

Referencias

Cita

Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control).

Legislación | Unión Europea | 1995

Palabra clave: Contaminación marina, Control de la contaminación, Zona marítima, Puerto, Inspección, Recopilación de datos/informes, Cumplimiento/aplicación

Fuente: FAO, FAOLEX