«(Failure of a Member State to fulfil obligations – Failure to implement, in respect of Gibraltar, Directives 67/548/EEC and 87/18/EEC (concerning dangerous chemical substances); 93/12/EEC (concerning liquid fuels); 79/113/EEC, 84/533/EEC, 84/534/EEC, 84/535/EEC, 84/536/EEC, 84/537/EEC, 84/538/EEC, 86/594/EEC and 86/662/EEC (concerning noise emission); 94/62/EC (concerning packaging waste) and 97/35/EC (concerning the deliberate release into the environment of genetically modified organisms))»

Customs union – Customs territory of the Community – Gibraltar – Not included – Consequence – Inapplicability of the Treaty provisions and secondary legislation on free movements of goods – Damage to the consistency of other Community policies – Not relevant (Arts 94 EC and 95 EC; 1972 Act of Accession) The exclusion of Gibraltar from the customs territory of the Community by virtue of the Act of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland implies that neither the Treaty rules on free movement of goods nor the rules of secondary Community legislation intended, as regards free circulation of goods, to ensure approximation of the laws, regulations and administrative provisions of the Member States pursuant to Articles 94 EC and 95 EC are applicable to it.That interpretation is not called into question by the rules applicable to Ceuta and Melilla, which contain an express provision that goods originating in those territories are exempt from customs duties following their release into free circulation in the customs territory of the Community. Rather, those rules confirm the soundness of that interpretation, to the effect that exclusion from the customs territory of the Community entails the inapplicability of the Treaty provisions and secondary legislation on trade in goods, unless otherwise expressly provided.Of course, failure to apply the directives adopted under Articles 94 EC or 95 EC to Gibraltar may endanger the consistency of other Community policies, such as environmental protection, where the objectives of those policies are pursued as an ancillary aim by those directives. However, that fact cannot lead to the extension of the territorial scope of those directives beyond the limits imposed by the Treaty and by the Act of Accession of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.see paras 59-60, 63

JUDGMENT OF THE COURT 23 September 2003 (1)

((Failure of a Member State to fulfil its obligations – Failure to implement, in respect of Gibraltar, Directives 67/548/EEC and 87/18/EEC (concerning dangerous chemical substances); 93/12/EEC (concerning liquid fuels); 79/113/EEC, 84/533/EEC, 84/534/EEC, 84/535/EEC, 84/536/EEC, 84/537/EEC, 84/538/EEC, 86/594/EEC and 86/662/EEC (concerning noise emission); 94/62/EC (concerning packaging waste) and 97/35/EC (concerning the deliberate release into the environment of genetically modified organisms)))

In Case C-30/01,

applicant, supported by

intervener,

v

defendant,

APPLICATION for a declaration that by failing, in respect of Gibraltar, to adopt the laws, regulations or administrative provisions necessary to comply with

or, in any event, by failing to inform the Commission of the adoption of such provisions, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under those directives,

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet and R. Schintgen (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric (Rapporteur), S. von Bahr and J.N. Cunha Rodrigues, Judges,

Advocate General: A. Tizzano,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 16 January 2003,

gives the following

or, in any event, by failing to inform the Commission of the adoption of such provisions, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under those directives.

Community legislation of a general nature

...

The provisions of the Act of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland concerning Gibraltar

The provisions of the Act of Accession of the Kingdom of Spain and the Portuguese Republic

...

...

...

The directives at issue

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT

hereby:

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Gulmann

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Delivered in open court in Luxembourg on 23 September 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President