Opinion of Mr Advocate General Jacobs delivered on 12 October 2000. # Commission of the European Communities v Ireland. # Failure by a Member State to fulfil its obligations - Failure to transpose Directive 95/50/EC. # Case C-347/99.

Opinion of the Advocate-General

1. In this case the Commission seeks a declaration that by failing to adopt the laws, regulations or administrative provisions necessary to comply with Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road, or in any event by failing to inform the Commission of those measures, Ireland has failed to fulfil its obligations under that directive.

2. In its defence Ireland does not contest the infringement. It states merely that work is continuing on a draft of regulations to implement the directive, and that it is hoped that the implementing regulations will be made in the near future.

Conclusion

3. In those circumstances the Court should in my opinion:

(1) declare that by failing to adopt the laws, regulations or administrative provisions necessary to comply with Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road, or in any event by failing to inform the Commission of those measures, Ireland has failed to fulfil its obligations under that directive;

(2) order Ireland to pay the costs.