COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 422 final 
Brussels, 7 September 1989 
Communication from the Commission 
on 
IMPLEMENTATION OF THE LEGAL ACTS 
REQUIRED TO BUILD THE SINGLE MARKET 
_ 1 __ 
COMMUNICATION OH TEE IMPLEMENTATION OF TEE 
MEASURES REQUIRED TO COMPLETE TEE SINGLE MARKET 
I. GENERAL PROGRESS 
1. As both the Commission and the European Council have 
stated1, the process of completing the single market Is now 
irreversible because of the combined effect of the speeding-up 
of decision-making, which has shown that the objective is 
credible, and the preparations being made by businesses. 
2. Decision-making by the institutions has speeded up 
considerably since the entry into force of the Single Act. 
This is due primarily to the pace of proposals from the 
Commission, sinoe of the 279 measures in the programme, only 43 
proposals have not yet been tabled, including 28 in the plant 
and animal health seotor. 
In addition, the extension of qualified majority voting to most 
issues has generated pressure to find a compromise within the 
Counoll. This faster paoe has enabled 130 measures to be 
finally adopted by the Council, which is equivalent, together 
with the current common positions and the partial adoptions, to 
approval of over 50% of the 279 measures of the programme. 
3. Of the 41 measures adopted on the basis of Article 100a 
sinoe the entry into force of the Single Act, approximately two 
thirds successfully oompleted the common position stage in 
under 30 months. Sixteen were adopted in under 15 months. 
The key proposal on the harmonization of technical rules 
concerning machine safety was adopted within 12 months, whereas 
it had taken 70 months to adopt the first Directive on 
lawnmower noise. The most notable progress has been made on 
the free movement of oapital, which took less than a year, and 
the mutual recognition of diplomas: after 18 years to secure 
the right of establishment for architects, it took less than 3 
years to agree on the mutual recognition of all equivalent 
university diplomas. 
By contrast, no decision of note has been adopted in the fields 
requiring Counoll unanimity, suoh as taxation of consumption 
and savings or the free movement of persons. 
Fourth progress report of the Commission to the Council 
and the European Parliament concerning the implementation 
of the Commission's White Paper on the completion of the 
internal market, C0M(89)311 of 20 June 1989. 
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4. This speeding up of decision-making is also and above all 
the result of the honouring of commitments and of a balanced 
approach. Honouring of the commitment to the Community's 
economic cohesion has made it possible to limit the amount of 
derogations in the internal market legislation. The 
Commission's balanced approach combines mutual recognition and 
harmonization in such a way as to avoid excessive regulation 
whilst at the same time assuring at Community level a greater 
protection of public interest. 
5. Finally, Parliament has played its part in the cooperation 
procedure with great efficiency; the current delay in adopting 
the common position on television is the responsibility of the 
Council, Parliament having done all in its power to enable a 
decision to be taken before the European elections. 
6. All business surveys show that the 1992 message has been 
received, albeit occasionally with disquiet. Businesses are 
preparing for the event and already integrating the European 
dimension in their strategy. This is a major factor, together 
with the general picking up of the world economy, in the 
revival in Investments in the Community, which has now become a 
more attractive target for foreign investors. As the 
Commission notes in its report on the economic outlook for 1969 
and 1990, this growth is generating more jobs now than ever 
before, bringing unemployment down to 1983 levels. 
7. The dynamism of the Community economy is also reflected in 
a major expansion of intra-Communlty trade, as the national 
economies grow closer together. 
8. However, these general observations should not obscure the 
difficulties. Despite the rapid progress on eliminating 
technical barriers, the main decisions have yet to be taken to 
abolish the formalities at the frontiers. Given the time it 
will take to implement such decisions and to oonvert the 
Inspection infrastructures, particularly at airports, decisions 
must be taken soon to make the prooess Irreversible in this 
area too. 
9. The prooess has been set in train in the form of 
disoussions on the free movement of persons and the 
approximation of indirect taxes, based on the pragmatic 
approach set out in the Commission's most recent communication 
(C0M(89)260 of 17 May 1989), but so far a specific measure 
confirming the political will to eliminate frontier checks is 
still lacking. However, the Council oould give two important 
signals in 1989, by adopting two Commission proposals: one 
providing for a substantial increase in the tax allowances 
applicable in intra-Communlty trade, and the other on the 
elimination of checks on means of transport. 
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10. There is also a need for substantial progress in 
dismantling veterinary and phytosanitary controls before the 
end of the year. The Council has redoubled its efforts during 
the last few months without, however, obtaining satisfactory 
results. While majority voting could help to speed up the 
work, the Council's refusal to delegate management powers to 
the Commission, under a procedure ensuring the effectiveness of 
these powers and in conformity with the Declaration annexed to 
the Single Act, results in an almost systematic quest for 
unanimity whioh undermines the Commission's proposals. This is 
having the effect of slowing down the work and diluting the 
substanoe of the directives. 
11. Two issues in the field of eliminating technical barriers 
have encountered particular problems: cabotage in the 
transport sector and adoption of the Community trade mark. 
12. The European Council in Madrid on 26 and 27 June 1989 
expressed the desire for faster progress, notably in the fields 
relating to elimination of frontier checks. In particular it 
asked the Council to reach agreement on the "broad lines of a 
solution" before the end of the year in the approximation of 
indireot taxation, and approved the work programme of the 
Coordinators' Group on the measures needed to achieve progress 
towards the effective freedom of movement of persons within the 
Community. 
13. The European Counoil deplored the delays in the priority 
fields it had identified at its previous meetings: 
intellectual property, veterinary and phytosanitary inspections 
and transport. It also invited the Counoil to adopt the 
Directive on television without frontiers within the time limit 
laid down in the coopération procedure, which expires on 
6 October 1989. 
14. Finally, the European Counoil considered that inadequate 
progress had been made on a People's Europe - witness the 
difficulties in adopting the generalized right of residence 
whioh had led the Commission to withdraw its proposal, or the 
blockage of the modest tax proposals designed to facilitate 
removals and the use of private oars. The risk of a single 
abuse of a right was becoming a pretext for limiting the right 
altogether. 
II. IMPLEMENTATION OF DECISIONS TAKEN 
15. The Community has until now concentrated on carrying out 
its programme of legislation to eliminate obstacles to the free 
movement of goods, persons, services and capital as a 
precondition for a functioning single market in 1993. 
16. However, as the Commission noted in its last report on 
implementation of the White Paper, it is not enough to adopt 
the necessary measures. It must also be ensured that the 
conditions permitting their implementation are created, and in 
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particular that the measures incorporating the Directives into 
national law are completed on schedule. 
17. This is all the more important as eoonomio operators are 
seldom directly confronted with Community legislation, but 
normally have to deal with the national measures incorporating 
the directives into national law and national administrations. 
While the prlnoiple of subsidiarity ought to be safeguarded, it 
must not be allowed to reintroduce distortions of competition 
that Community legislation was designed to eliminate. 
18. Monitoring of implementation is not a new problem for the 
Commission, although the scale is unprecedented; for some 
years, the Commission has prepared for Parliament a report 
reviewing essentially the position regarding infringement 
proceedings against Member States in all areas of Community 
law; the Commission also produces an annual report on 
competition policy. The latest versions of these two reports 
have just been published.2,3 The purpose of this 
communication is to assess the difficulties identified and 
suggest possible remedies. 
19. There are four levels of implementation of Community law: 
compliance with the obligations of the Treaty guaranteeing 
the functioning of the single market; 
incorporation of directives in national legislation; 
application of the measures adopted; 
strengthening of the effectiveness of the right of 
recourse. 
III. APPLICATION OF TEE TREATY 
20. The following are the provisions of the Treaty pertinent 
to the freedom of movement of goods, capital, services and 
persons : 
Artiole 7: the prlnoiple of non-discrimination is 
fundamental to the Treaty. While it has been 
progressively developed to guarantee free movement of 
goods, it has not, until recently, been applied with equal 
vigour to the freedom of movement of individuals. The 
basing of the proposal for a Direotive on the right of 
residence for students (COM(89)275) and, in particular, of 
the Court's ruling in case 186/87 (Cowan) on this 
provision refleots the desire to apply the non­
discrimination prlnoiple muoh more effectively in a field 
oruoial to a People's Europe. 
2 Sixth annual report to the European Parliament on Commission 
monitoring of the application of Community law, COM(89)411 
3 Eighteenth report on competition polioy, SEC(89)873 of 
14 July 1989. 
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Article 30: experience over the last few years has shown 
that application of Article 30, as interpreted by the 
Court, and the prinoiple of mutual recognition which 
emerges, constitute an effective instrument for completion 
of the internal market. In this context, the role of 
Directive 83/189 which envisages that draft technical 
regulations be notified has a crucial role in preventing 
the oreation of new teohnlcal obstacles; 766 national 
draft regulations were notified between April 1984 and 
June 1989. The steady annual increase in the number of 
notifications is a reliable pointer to Member States' 
interests. 
However, two oomments are called for. First, the number 
of reasoned opinions, delivered annually by the Commission 
in respeot of potential barriers is not declining, after 
levelling off at about 25% of notifications. This shows 
that the principles underlying Artiole 30 of the Treaty 
and Community case law are not yet being systematically 
applied by the national administrations. 
Secondly, compliance with the obligatory notification 
procedure differs from one Member State to another (see 
table in annex IV), although there are signs of 
Improvement in 1989 and the absolute figures should be 
considered against the background of the respective 
eoonomio situations and the legislative practices or 
administrative traditions. 
In order to safeguard the effectiveness of the instrument 
and to confront Member States with the consequences of 
their omissions, the Commission published a communication 
in the Offioial Journal in Ootober 1988 on the 
non-enforceability of the teohnlcal standards adopted in 
breach of Directive 83/189/EEC. It has recently extended 
this device by publishing the list of notifications made 
at regular intervals in the Offioial Journal for the 
benefit of eoonomio operators. 
The Commission has opted for a course of dialogue and 
ooncertatlon at its "package" meetings with Member States, 
and practically all cases under examination are settled 
quickly and amicably (only five out of more than 1 000 
dossiers were referred to the Court in 1988). 
This approaoh enables greater aocount to be taken of 
essential requirements such as protection of the 
environment and consumers, values enjoying a high level of 
protection pursuant to Artiole 100a(3). 
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Articles 48 and 52 guarantee equal treatment with 
nationals to all citizens of a Member State in the 
exercise of a professional activity, whether salaried or 
non-salaried. The Commission has taken two main 
initiatives : 
- the Commission issued a communication on 18 March 1988 
setting out its position regarding the interpretation 
of the exception in Art. 48, para. 4, concerning 
employment in the publio seotor. This communication 
Identifies four seotors which merit priority attention 
(commercial services, teaching, health and civil 
research). 
- the Commission has also put forward proposals amending 
Regulation EEC/1612/68 and Directive 68/360/EEC. With 
regard to the problems arising from the non-recognition 
of certain professional qualifications, the Commission 
is working on a programme to ensure the comparability 
of professional qualifications, on the basis of the 
Counoil's deoision of 16 July 1985. 
Artiole 59: there are currently very few instances of 
infringement and the servioes seotor is booming. The 
oross-frontier provision of new servioes is generally 
developing without hindranoe, as they are provided by 
occupations that are not regulated in the Member States. 
Traditional servioes in major sectors suoh as insurance, 
transport, radio and television, telecommunications and 
publio works oontraots are benefiting from broadly based 
Community measures oombinlng prohibition, recognition and 
harmonization of national provisions that give rise to 
barriers. This leaves a wide variety of servioes that may 
occasionally be provided in a Member State by an operator 
from another Member State (e.g. small craft businesses); 
where they are regulated in the host country, they 
frequently entail problems for the parties oonoerned out 
of all proportion to the potential benefits of occasional 
provision of servioes. This oould be remedied by 
developing a similar interpretation for Artiole 59 to that 
given to Artiole 30 by the "Cassis de Dijon" judgment. 
Article 95: the prohibition of double taxation does not 
appear to require major legislative changes in the 
Member States, but rather changes in the way the 
administrations treat the individual dossiers they are 
called on to process. 
21. Provisions relating to competition policy must be added to 
this list (monitoring of aid and the behaviour of 
undertakings); however, the problems are not the same as 
implementation does not generally involve national legislation, 
except where application of Artioles 37 or 90 is ooncerned.4 
See footnote 3. 
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IV. INCORPORATION OF TEE DIRECTIVES IN NATIONAL LAW 
22. Under the White Paper programme, 100 directives, 
regulations, deoisions or recommendations are now in force; 
directives account for most of these instruments, 68 having 
become applicable to date. 
1. Analysis of the situation 
23. Analysis of the situation regarding the incorporation of 
Community instruments into national law is based solely on the 
notifications received by the Commission, which are the only 
means of obtaining a olear picture; it is therefore not 
impossible that national incorporation measures have been 
adopted but not communloated to the Commission. 
24. In its report of June 1989, the Commission notes that only 
two Directives have been incorporated in all the Member States. 
Sinoe then, the overall situation appears to be improving as a 
result of the information campaign carried out among 
Member States on the basis of this report, although there are 
still considerable backlogs In some Member States. Six of the 
Directives - on the simplification of border formalities and 
the liberalization of certain types of capital movements - have 
been Incorporated in the legislation of all the Member States 
when aooount is taken of the derogations applying in some 
oases. 
25. This problem of national incorporation is likely to 
increase with the entry into force of further Directives and 
adoption of the proposals now before the Counoil. The most 
important and most oomplex measures are due to enter into force 
in 1990: capital movements, "New Approaoh", insurance, 
commercial agents, etc 
26. The situation varies aocordlng to Member State and sector, 
as the annexed table shows: 
with a few exceptions, such as border formalities and 
taxation, Spain and Portugal have backlogs, In some cases 
substantial, in all the other sectors. This can be 
explained by the transition period in which these two 
countries find themselves, involving an adjustment effort 
on their part that the Commission must take into aooount, 
in prooessing the infringement dossiers. By contrast, the 
smaller but equally worrying backlog on the part of 
Greeoe, Italy, Belgium and Ireland cannot be explained so 
easily; these backlogs are not evenly spread, but ooncern 
technical harmonization in particular. 
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the various sectors are not affected to the same degree. 
In spite of the number of measures in force, the animal 
and plant health sector appears to generate the fewest 
incorporation problems. By contrast, there are 
considerable baoklogs in technical harmonization and air 
transport, the two seotors in which incorporation measures 
have made least headway. None of the Directives on 
vehicle emissions has been incorporated in Italy or 
Portugal, and some of them await incorporation in Belgium. 
All Member States have backlogs in the transport field, 
including those which are most vocal in the Council on the 
subject of opening up the transport market. 
While the European Counoil critloized the delays in the 
Council on a People's Europe, neither Germany, Italy, 
Ireland or the Netherlands have adopted the pertinent 
measures on taxation, and more than half the 
Member States, and particularly Italy, are lagging behind 
on their obligations regarding the recognition of 
diplomas. 
Finally, only seven Member States have so far incorporated 
in national law the statute for the European Eoonomio 
Interest Grouping, whioh was adopted in July 1988 and 
entered into force on 1 July 1989. It is also regrettable 
that key industry polioy Directives have not been 
incorporated, e.g. the Direotive on protection of 
mloroolroults in Belgium and Greeoe and that on public 
supply oontraots in Italy, Denmark and the Netherlands. 
27. However, these figures give only a limited ploture of the 
problems of incorporation into national law. The sixth report 
to Parliament on monitoring of the application of Community law 
provides an overall view. 
2. Reasons for the delays 
28. The problem of national incorporation is to a certain 
extent the oonsequenoe of the irreversibility of the march 
towards 1992 due to the speeding-up of decision-making. At the 
same time, however, it oould undermine the credibility of the 
Community's politioal will and thus oall into question the very 
irreversibility of the prooess. 
While the meohanlsms within Member States have not yet been 
adjusted to the new paoe of decision-making, there are signs of 
a growing awareness of the phenomenon in several Member States. 
29. It is important in tackling these problems to analyse and 
deal with the oauses rather than simply resort to infringement 
proceedings. 
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30. A number of faotors are responsible for the delays: 
The main faotor appears to be shortcomings of an 
organizational nature within the Member States regarding 
central monitoring of the Implementation of Directives. 
In the absence of a monitoring structure, the departments 
responsible for incorporation, whioh are not always those 
which negotiated the texts, do not feel bound by the 
deadline until prompted by the Commission. 
The Commission departments have therefore taken to sending 
a reminder to Member States after adoption of the 
Direotive and before the Implementation date. 
In addition, however, because of the political 
significance of the 31 December 1992 deadline, the 
Commission will issue a comprehensive factual 
communication every six months on incorporation, covering 
both the Directives in force and the remainder, in order 
to permit ongoing central monitoring of progress in 
implementation. 
In some cases, the administrations have problems 
interpreting the Directives making proper incorporation 
diffioult. The Commission has therefore organized 
meetings of experts for some particularly difficult 
dossiers (produot liability, European Eoonomio Interest 
Grouping, company law and mutual recognition of diplomas) 
with a view to ensuring the greatest possible convergence 
of national incorporation measures; these meetings also 
constitute a means of reminding government departments of 
their commitments. This approach will be systematically 
applied in the various management groups and committees. 
To this end, the notification procedure provided for by 
Direotive 83/189 could, if suitably amended, be used for 
joint examination of the draft measures for incorporating 
into national legislation the Directives on teohnical 
standards. There is no reason why the meohanism for 
cooperation between the Commission and Member States 
Introduced by Direotive 83/189 for the prior examination 
of draft national measures - which has provided excellent 
results so far - should not be equally effeotlve when the 
measures in question are based on a Community instrument. 
The national legislative procedure is often given as a 
reason for the delays. However, the constitutional system 
in most Member States requires very few of the 68 
Directives in force to be dealt with by parliament. 
Member States in which certain legislative procedures or 
sorutiny by parliament are stipulated have now organized a 
system of prior information to national parliaments which 
facilitates subsequent adoption of the laws Incorporating 
Community legislation. A particularly noteworthy example 
-lo­
is the system established by Italy reconciling 
constitutional constraints, parliamentary control and 
effioient incorporation of Community law in national 
legislation. 
However, the forthcoming Directives will increasingly 
involve issues whioh do require legislation; this applies 
in particular to recognition of diplomas, the "New 
Approach", finanoial servioes and taxation. It is 
therefore neoessary to prepare for further problems, at 
least in those Member States which have not adopted 
speoifio meonanisms for informing or consulting the 
national parliaments. 
It is worth considering whether the problem oould be 
resolved by adopting measures In the form of regulations. 
Article 100a of the Single Aot permits the use of this 
instrument for harmonization purposes. This would obviate 
incorporation problems, although the Court's 
interpretation of directives already has a similar effect. 
However, the Commission has made only limited use of 
regulations, as the legislation to be amended is often in 
the form of directives; it is also frequently difficult 
to avoid incorporation measures (European Economie 
Interest Grouping), and the Commission should not 
underestimate the oonsequenoes of such a course for the 
sovereignty of national parliaments.8 Moreover, the 
Counoil has rejeoted the use of regulations in the sectors 
where the Commission considered it possible (veterinary 
and agri-foodstuffs seotors), customs being the only 
exception. 
Monitoring of the incorporation of Community law belongs 
to the sphere of bilateral relations between the 
Commission and Member States. Nevertheless, the 
incorporation measures taken in each Member State affect 
all the Member States and all businesses, particularly 
where they oonoern completion of the single market. 
Consequently, renewed efforts must be made to make 
national Incorporation measures transparent, in order to 
ensure that everyone is properly informed and to exert 
additional pressure on dilatory Member States. 
5 The Declaration annexed to the Single Aot states that the 
Commission shall give precedence, in its proposals 
pursuant to Artiole 100a, (1) to the use of the instrument 
of a directive if harmonization involves the amendment of 
legislative provisions in one or more Member States. 
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This transparency must take two forms: 
(a) Consolidation of instruments: the gradual 
development of Community legislation has led to a 
proliferation of Counoil instruments, supplemented 
occasionally by Commission amending measures. An 
example of consolidation is the adoption by the 
Council of texts containing all the amendments to 
the basic Directives on public works and public 
supply contracts; a consolidated text has also 
been tabled concerning the Seventh VAT 
Directive; consolidation proposals will shortly 
be transmitted on oosmetics and tractors, sectors 
now governed by some 30 different Directives. 
(b) Transparency of the national incorporation 
measures: the Directives make provision for 
transparency vis-A-vis the Commission, but not 
vls-A-vis the Member States or undertakings. As 
the latter operate in the national environment, it 
is important that they have the best possible 
access to information on their environment. 
Consequently, "seotor 7" (SG) of the Celex 
database - whloh is open to all the Community 
institutions and soon to be made accessible to the 
general public - contains information on the state 
of application of all the Community Directives. 
In addition, in the speoifio area of the internal 
market, the INFO 92 database, opened in June 1989 
and containing all the measures adopted or 
proposed under the White Paper programme, is to be 
supplemented at the end of this year by references 
to all the national incorporation measures. 
It has sometimes been proposed that the timetables for 
incorporation stipulated in the Directives should be 
modified; the average period allowed is 18 months. The 
foregoing analysis shows that observance of these 
deadlines tends to be thwarted by Internal organization 
problems rather than problems of substance. Even if 
there may be a problem of substance in certain cases, this 
would not warrant drawing general conclusions on the 
suitability or otherwise of the present deadlines. 
V. APPLICATION OF THE DIRECTIVES ADOPTED 
31. It must be clearly understood that the adoption of 
directives, regulations and decisions is not in itself 
sufficient to guarantee that they will be effectively applied. 
This is particularly true of the customs, veterinary, plant 
health, agri-food, pharmaceuticals and "New Approach" sectors 
and the free movement of persons. 
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32. The problems of application are manifested in different 
ways: in some oases they concern the adoption of implementing 
measures at Community level, and in others, the need to modify 
administrative praotloes. 
33. The legislation in the veterinary, plant health and 
agri-food seotors necessitates the adoption of a substantial 
number of management measures. In the field of food additives 
alone, the Council will have to take several thousand 
individual deoisions; the Council's slow progress in adopting 
two Directives on colorants and preservatives does little to 
inspire oonfidenoe in its ability to handle this workload. 
This problem of application oould have been avoided if the 
Council had agreed to delegate powers to the Commission.6 The 
proposals due at the end of the year in the pharmaceuticals 
field will exacerbate these management problems. 
34. Two problems in particular have to be taken into account 
in the field of teohnlcal harmonization based on the "New 
Approaoh": 
application of the Directives implies the establishment in 
the Member States of certification and testing 
infrastructures, the competence and professional capacity 
of whioh constitute the guarantee of effective 
protection of health throughout the territory of the 
Community. It is therefore only natural that eaoh Member 
State is highly oonoerned to obtain all the neoessary 
assurances regarding the true competence of the bodies 
notified by the other Member States. There must 
therefore be close coopération between these bodies in the 
forms best suited to ensure the effective transparency of 
their facilities and their actions; 
the effectiveness of the Directives depends to a very 
large extent on the existenoe of European standards. 
Although considerable resources have been mobilized to 
help the European standardization bodies increase their 
productivity, the size of the task is such that there is 
reason to fear that a great deal of standardization work 
will not have been oompleted when oertaln Directives 
covering a broad range of produots enter into foroe 
(Directives on "machines", "oonstruotion", 
"electromagnetic oompatlbllty", personal proteotive 
equipment, etc.). 
6 SEC(89)1143 of 10 July 1989. 
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35. Certain measures have already been taken to deal with 
these problems: 
new working methods within the CEN/CENELEC and the ETSI, 
suoh as the "projeot teams" provided for in the new 
framework agreement oonoluded between these bodies and the 
Commission; action has been taken and results obtained 
notably in the field of information technologies and 
telecommunications, in which over 100 mandates have been 
given to European standardization bodies. A substantial 
part of this work is nearing completion; 
a strengthening of the procedures for notifying national 
standardization activities pursuant to 
Directive 83/189/EEC; 
improved transparency of European standardization 
activities for the benefit of industry and other users of 
standards. 
36. However, in addition to these technical measures, the 
Commission considers that it is neoessary to begin Immediately 
the prooess of setting up a single European structure embracing 
all standardization activities, whioh would be less dependent 
on the constituent national structures and avoid the dispersed 
nature of the ourrent structures (there are three Independent 
bodies at present) and the wastage of resources and duplication 
of effort this involves. 
37. In certain sectors the national administrations 
responsible must be fully acquainted with, understand and apply 
Community law correctly. This is particularly true of public 
procurement, monitoring activities as well as those questions 
concerning the Citizens' Europe. Lack of consistency in 
praotioal application can have economic and industrial 
consequences or consequenoes for the credibility of the 
Community in the eyes of the general public. 
38. As the rules ensuring the free movement of goods develop, 
so a oommon interpretation and application of the oustoms rules 
is required; fairness in publio procurement requires all 
purchasing authorities to oonform to the rules on transparency. 
The Commission has adopted a firm attitude in this field, 
refusing all Community finanoial support to any publio works or 
procurement projeots that infringe these transparency rules. 
39. It is to say the least shocking that national 
bureauoraoies all too often continue to regard Community 
nationals as foreigners and in praotioe, deprive them of their 
rights of establishment and of residence through nit-picking 
interpretation of rules whioh, while not always necessarily in 
oonfHot with the Treaty, open the door to arbitrary practices. 
All too often the Commission is confronted with cases of 
refusal to exchange driving licences or to grant aooess to an 
occupation for reasons born of unreasonable bureauoraoy. 
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VI. STRENGTHENING OF THE EFFICIENCY OF THE RIGHT OF RECOURSE 
40. A fundamental problem is compliance with Court judgments; 
that the increase in infringement proceedings is reflected not 
only in a less satisfactory implementation of Community law, 
but also and more particularly in a growing number of non-
enforced judgments, gives real cause for concern. A 
continuation of this trend may eventually make monitoring 
ineffective, undermine mutual trust and thus damage the 
credibility of the institution central to a Community founded 
on legal principles. It is crucial that the Member States 
comply with the deoisions of the Court of Justice. There can 
be no justification for non-compliance with these decisions. 
The usual justifications put forward in such cases cannot be 
accepted in this instanoe. 
41. The burden of non-implementation of the Court of Justice 
decisions is particularly felt in the internal market domain. 
Out of 58 infringement procedures opened by the Commission for 
non-respect of a Judgement of the Court (Art. 171 of the 
Treaty), 48 direotly oonoern either the application of Treaty 
provisions ensuring the functioning of the internal market 
(15), or the application of directives or regulations (30). 
The alarming situation oonoerning the non-implementation by 
certain Member States, especially Greeoe and Italy, of Court of 
Justice deoisions is shown in Annex 7. The Commission is 
determined to keep a watohful eye on this situation by the 
systematic use of Artlole 171 of the Treaty. 
42. The national oourts also have a oruoial responsibility for 
ensuring the effeotlve and consistent application of Community 
law. In the interests both of the ordinary oitlzen and of the 
efficiency of the legal system, the Commission should enoourage 
reoourse to national oourts, as Indeed it has in the field of 
public procurement. 
43. However, the suooess of this approaoh depends on two 
conditions : 
Judges and lawyers must be trained in the use of Community 
law; referrals to the Court of Justioe are frequently 
made at the final instance level, resulting in delays and 
additional oosts for oitizens. The questions referred all 
too often reveal a laok of knowledge of Community law and 
cause unnecessary procedural delays. 
The training defiolt must be tackled at university level 
(in most Member States, Community law is not a compulsory 
subjeot on the ourrioulum of law studies), at the level of 
in-service training for judges and lawyers and of the 
awareness of the supreme judicial bodies. Training must 
also take aooount of the faot that Community law is no 
longer a separate discipline, but a new dimension of the 
constitutional, civil, oommeroial or penal law of Member 
States. 
- 15 -
The organization of legal redress can be an obstacle to 
the use of the national courts and favour direct appeal to 
the Commission. This is particularly so where the 
plaintiff has to bear the costs or the level of costs is 
prohibitive. This is undoubtedly one of the reasons for 
the imbalance between Member States in referrals for a 
preliminary ruling to the Court of justioe. 
44. The Commission cannot itself take the initiative in these 
fields. Its responsibilities as guardian of the Treaty require 
it to be highly attentive to the functioning of the national 
appeals procedures. Consequently, under the Jean Monnet 
programme launched in June 1989, the Commission Intends to 
promote the creation of European chairs and, more generally, 
the teaohing of subjeots such as European law that are 
important to the 1992 objective. 
45. However, it is up to Member States to take the basic 
measures; the Commission for its part will support the 
initiative being taken at regional level to develop teaching of 
Community law at institutes specialized in the training of 
judges. All of these measures belong to the dossier of 
protection of individual rights and have a role in creating a 
true European citizenship. 
46. The Commission is aware of the additional problems that 
compliance with Community law (both incorporation of the 
Directives and application of the Treaty) oreates in Member 
States with a federal struoture. In some States, the proper 
balanoe between the various levels of decision-making to ensure 
that all citizens benefit from clear and effeotive compliance 
with Community law has yet to be found. 
CONCLUSION 
47. The aooelerated rate of adoption of legal instruments by 
the Counoll masks a worrying lack of progress in transposing 
these into national law, and in the effective Implementation of 
decisions taken at a Community level. This failure is 
particularly marked in oertain Member States. While each 
Member State is directly responsible for the effeotive adoption 
and application of Community legislation, the Commission, too, 
has a duty to ensure that this is done. 
Furthermore, the uniform application of Community legislation 
is a necessary prerequisite for the effeotive and equitable 
operation of the single market, and the operation of 
competition policy. 
48. In general, the implementation of Community law raises 
questions of a political, administrative and cultural nature, 
which frequently have a broader dimension than the specific 
issue of the single market. 
- 16 -
49. The current and especially future development of Community 
law in the light of 1992 should open up a debate on the 
democratic deficit. All that is being done in the field of 
capital movements, right of establishment, company law and 
taxation belongs by definition to the sphere of competence of 
the national parliaments. However, they are bound by Community 
law and so their sovereignty is correspondingly limited, 
without this defloit being adequately compensated at Community 
level. 
50. The Commission can only hope that experience gained in 
certain Member States in involving Parliament in the Community 
decision making process will serve as a model for the others. 
51. The initiative by the President of the French National 
Assembly in calling meetings between the leaders of the 
national parliaments and the President of the European 
Parliament is a step in the direction of a new form of 
cooperation to strengthen democratic accountability in the 
Community. It builds on the initiatives already taken by the 
European Parliament for regular meetings at committee level. 
52. Aotion must therefore be taken to face the specific 
problems mentionned in this Communication. Regarding the 
respeot of the obligations of the Treaty, the Commission 
envisages holding more "paquet" meetings and strengthening the 
efficiency of direotlve 83/189. 
53. Both the Member States and the Commission have 
responsibility for the adoption of administrative provisions to 
improve compliance with timetables for incorporating directives 
in national legislation. 
54. There appears to be a need for a contact person in each 
Member State within the existing coordination structures with 
responsibility for monitoring application of the measures 
adopted under the White Paper programme in view of the 1992 
deadline. This contact would facilitate dialogue between the 
Commission and the Member States and, above all, exert the 
necessary pressure on the implementing departments. 
55. The Commission for its part will take the following steps: 
it will organize regular meetings with each Member State 
to review progress in national incorporation of all the 
White Paper measures (inoludlng those not yet in force), 
i.e. of all the directives, as was recently done for Spain 
and Portugal; 
at meetings of groups and committees, it will hold 
discussions on the state of implementation of the 
provisions within their field of competence; 
it will take action to ensure the transparency of national 
incorporation and consolidation measures. 
- 17 -
56. With regard to administrative practice, Member States 
undoubtedly have primary responsibility through oontrol of 
staff training policy and the influence of senior management on 
executive staff. The Commission has to adopt a case-by-case 
approach where it notes abusive praotioes. To the Commission's 
knowledge, only one government has issued a circular to create 
an awareness of the Community dimension among public seotor 
staff. 
57. However, the Community could also help to ohange behaviour 
patterns by enabling officials to learn about the 
administrative praotioalltles of other Member States; such 
exchanges oould serve as a basis for mutual trust and 
cooperation. The President of the Commission outlined this 
approach in his presentation of the Commission programme in 
February 1989; it has been put into practice in the MATTHAEUS 
programme for oustoms offioials, which is currently in the 
pilot stage. 
58. The Commission and the Member States are looking for ways 
of promoting an lnorease in suoh exohanges (which already 
operate between the Commission and some national 
administrations) within the framework of the European Institute 
for Publio Administration. The Commission is also 
endeavouring to develop training oourses speolfioally designed 
for offioials of national or regional administrations whioh 
could deal with the questions relevant to the problems 
currently at issue. It hopes to be able to run the first 
oourses in 1990, taking aocount of the priority areas in the 
programme to build a Europe without frontiers. 
- 21 -
LIST OF ANNEXES 
I. Measures whose implementation date has passed 
H. Implementation of the Directives in force in the White Paper 
programme 
HI. Breakdown of situation by each Member State 
IV. Implementation schedule of the measures already adopted by the Council 
V. Application of Articles 30-36 of the EBC Treaty and of Directive 
83/189. 
VI. Draft technical standards notified pursuant to Directive 63/189/EBC as 
amended by Directive 88/182/EBC. 
VII. Court of «Justice decisions not implemented by Member States. 
AnriflK T 
TVPrjairgypATTfTW TWPR WAS PAfiggn 
To date, 81 measures* have entered into force. 
Obese measures involve 100 different provisions** as follows: 
Directives 68 
Directives requiring national Implementing measures 65 
Decisions 13 
TvyHfirinma requiring ivfc-'M fifxyi implementing measures 5 
Regulations 13 
Recommendations 6 
* This figure relates to the White Paper headings 
** This figure comprises all the provisions adopted by the Council 
Directives 
Directive 87/487 is of a technical nature (content of swine fever 
eradication programmes) and therefore does not entail national implementing 
measures in the strict sense. 
One date for incorporation into national law has not yet been fixed for 
Directives 85/323 and 85/324 (concerning inlcrohjologioal checks on fresh 
meat and poultrymeat). 
2* 
Decisions 
Three Décisions do not specify any implementation date (88/524: priority 
action plans for setting up an information services market; 86/649: 
eradication of African swine fever in Portugal; 86/650: idem for Spain). 
The non-implementation of Decision 85/368 (mutual recognition of vocational 
training qualifications) is at present fully justified as the circumstances 
described in its Implementing provisions do not yet prevail. 
Deal si on 86/365 (OCMETT) entails only measures by the Commission itself and 
the Council. 
The Decision of 12 December 1965 authorizes the Commission to open 
negotiations on accession to the European Agreement on Detergents. 
Decision 85/434 oonoerns the setting up of an Advisory Committee on 
j^Vyrmfy^aiThl n^.1 training. 
Decision 88/248 authorizes the oontlnuatlon of ««HgMTTg derogations for the 
excise duties applicable to traditional rum produced in the French overseas 
departments* 
Reoommendatl one 
Although they are not binding, all six Recommendations specify measures to 
be taken at national level. 
Regulation 85/2137 setting up the EED3 Involves adaptation of the national 
legal framework and hence national implementing measures. 
23 
ANNEX II 
IMPLEMENTATION OF TEE DIRECTIVES 
IN FORCE IN TEE WBITB PAPER PROGRAMME 
.B.: I s Implemented 
NI = Not implemented 
D s Derogation 
INFR = Infringement procedure under way 
NA s Not applicable 
24 
u 
Measure 
1) THE REMOVAL OF 
PHYSICAL BARRIERS-
-CONTROL OF GOODS-
Various controls 
Duty free 
admission of fuel 
contained in the 
fuel tanks of 
commercial motor 
vehicles B D DK : E GR IRL NL UK : Remarks 
1:1:1:1:1:1:1: 1:1:1:1:1 
Veterinary anfl phVfrosanitary 
controls 
Production and 
trade in milk : NI ; NI I : NI : I NI : I • NI NI i I NI : I : 
Eradication of 
classical swine 
fever in the 
Community as a 
whole and swine 
fever 
(3 Directives) INFR 
I 
NI I :INFR : NA 
1:1:1 
NI Concerns : 
Dir. 87/486 
85/358 
Hormone growth 
promoters 
88/146 
Measure : B : D : DK : E : F : GR : I : IRL : L : NL : P : UK : Remarks : 
Microbiological :::::::: : : : : : : 
controls (meat, : : : : : : : : : : : : :TIME FOR : 
poultry, red meat) :::::::: : : : : rIMPLEMEN- : 
(2 Dir.: 85/323 :::::::: : : : : :TATION NOT : 
85/324 :::::::: : : : : :YET FIXED : 
Medical 85/325 :I:I:I:I:I:I :INFR : I : I : I : NI : I : : 
examination of : : 
Personnel 85/326 :I:I:I:NI:I:I:I:I : I : I : NI : I :B partial : 
(3 Directives) : : implement. i 
85/327 :I:I:I:NI:I:I:I:I : I : I : NI : I : : 
Antibiotic :::::::: : : : : :Information : 
residues :::::::: : : : : :not availab.: 
Control of :::::::: : : : : : Information : 
residues :::::::: : : : : :not availab.: 
85/320 :I:I:I:I:I:I:I: 1:1:1: NI: I: : 
Swine fever 85/321 : I : I : I : NI : I : I : I : I : I : I : NI : I : : 
• • • 
(3 Dir.) 85/322 :I:I:I:NI:I:I:I: 1:1:1: NI : I : : 
Control of foot :I:I:I:NI:I:I:I: 1:1:1:1:1 :E partial : 
and mouth disease :::::::: : : : : :implement. : 
Amendment to ::::::::::::: : 
85/574 : 1:1:1:1:1: 1:1: 1:1:1:1:1: : 
Directive 77/93 :::::::: : : : : : : 
(plant health) :::::::: : : : : : : 
(2 Dir.) 88/572 : I : I : NI : NI : NI : NI : NI : I : I : I : NI : I : : 
Measure B DK : E GR : I IRL : L NL P UK : Remarks 
Maximum levels for: 
pesticide residues: 
in cereals and 
86/362 
foodstuffs of 
86/363 
animal origin 
(2 Directives) 
Amendment of 
Directive 
79/117/EEC on the : 
prohibition of 
certain plant 
protection 
products (ethylene: 
oxide) 
Proposal for 
Directive on the 
fixing of guide­
lines for the 
evaluation of 
additives used in 
animal foodstuffs : I : 
: I : 
: I 
I I : I : 
: I : 
: I : 
; I : BSSSSaSSSSSSBSSSB-SSSSB. 
I : NI J 
I : NI . 
: I J 
: I : NI : 
: I « : I : I 
i I : NI : 
i I : 
: I : : I J 
i I : NI i 
: NI : 
:NA 
:INFR : : I : 
i I : 
: I J 
:INFR NI : 
NI : 
: I J 
: I : : I 
: I 
: I : 
: I : : NI 
: NI 
i I : 
! NI J : I 
i I 
: I : 
: I : 
Measure B DK GR IRL NL UK Remarks 
Modification of 
Directive 72/461 
on health problems: 
affecting intra-
Community trade in: 
fresh meat and 
Directive 72/462 : 
on health and 
veterinary in­
spection problems : 
upon importation 
of bovine animals : 
and swine and 
fresh meat from 
3rd countries 
Acceptance for 
breeding purposes , 
of purebred 
breeding animals 
of the bovine 
species 
Amendment to 
Directive 80/215 
on animal health 
problems affecting 
intra-Community 
trade in meat 
products ; I : 
: I 
: I I J 
! NI 
: I , I : 
: I 
: I NI : 
: D 
: I , I : 
: I 
: I I : 
: NI 
:INFR I : 
: I 
:INFR NA 
: I 
:INFR ;NA 
NI 
s I : I • 
: NI 
s I : NI ' 
: D 
: NI :NA :IRL,L and UK: 
:do not apply: 
:derogations : 
:envisaged in: 
:Dir. 87/64 
:E and P 
:imp1omenta- : 
:tion : 
:required for: 
:1/1/92 : 
: I : : 
: I 
Measure B DK GR IRL : NL UK : Remarks 
Amendment to : 
Directive 64/433 : 
on health 
problems affecting: 
intra-Community : 
trade in fresh : 
meat 
Amendment to 
Directive 72/462 
on health and 
veterinary in­
spection problems : 
upon importation 
of bovine animals 
and swine and 
fresh meat from 
third countries NI 
l NI NI 
: NI I : 
: NI NI 
: NI I 
: I • NI 
: NI NI : 
: NI I ' 
i I I 
: I NI . 
: NI NI 
: NI i NI 
: I 
Certification of ::::::: : : : : : : Information : 
seeds (Dir. 88/380): ::::::: : : : : :not aval lab.: 
CONTROL OF 
INDIVIDUALS 
0 
rA 
Measure B DK GR : IRL : NL : UK Remarks 
Sixth Directive : 
relative to : 
exemptions in 
international : 
travel : increase : 
to 350 ECUS : 
Tax reliefs to be : 
allowed on the 
importation of 
goods in small 
consignments of a : 
non-commercial ; 
character 
Small consignments: 
exemption from 
VAT on the final • 
importation of 
goods (amendment 
to Directive 
83/181 determining 
the scope of 
Article 14(1)(d) 
of Directive 
77/388) 
2) THE REMOVAL OF 
TECHNICAL BARRIERS 
-FREE MOVEMENT OF 
G00DS-I : 
I s 
: I I : 
: I : 
: NI I : 
I j 
: I I : 
. I : 
: I I : 
: I J 
: I I : 
: I : 
: I I : 
: I : 
: NI I : 
: I : 
: NI . I 2 
: I 
: I : I ! 
: I 
: NI . : I 
: I 
: I , : I : 
: I 
: I ' 
<r\ 
Measure B DK : E : F : GR : I IRL NL : P : UK : Remarks : 
New approach in : 
technical : 
harmonization and : 
standards : 
Extension of : 
information 
procedures on 
standards and 
technical rules 
(amendment to 
Directive 83/189) j 
Sectorial 
proposals concern-
incr approximation « 
of laws-Motor 
vehicles 
Gaseous emissions, 
passenger cars 
Gaseous emissions, 
commercial 
vehicles : I : 
: I 
: I : I ! 
: I 
: I : I J 
: I 
: I \ I : 
: I 
: I : I : 
i I 
: I : I : 
: I 
: I i NI ' 
: NI 
: I : I : 
: I 
: I : I : 
: I 
: I : I 
: I 
: I : I 
: NI 
: NI : I , 
i I 
: I :I: Partial 
:implement. 
Diesel particul. :NI:I:I:I:I:I:I: 1:1:1: NI : I : : 
Type approval of 
motor vehicles and 
their trailers, 
Directive 70/156 : I : I : I : I : I : I : I : I : I : I : NI : I 
8 
Measure B DK GR : I IRL NL : P UK : Remarks 
Tractors and : 
agricultural : 
machines • 
Modification of : 
framework : 
Directive 74/150 : 
Rollover : 
protection : 
structures : 
Foofl law : 
General Directive : 
on sampling and 
methods of 
analysis 
Preservatives 
(modification) 
COM(81)712 I : 
I : 
: I 
: I I : 
I : 
:INFR 
: NI :3BS-_B__xsai 
I : 
I : 
:INFR 
: I I : 
I : 
: I 
: I I : 
I : 
: I 
: I I : 
: I : 
:INFR 
: I NI : 
NI ; 
:INFR 
: I I : 
NI • 
:INFR 
: NI NI : I 
i I 
: I 
: I i I 
:INFR 
: I : NI : 
NI 
: NI 
: NI I 
NI 
:* in many : 
: :cases it : 
:doesn't need: 
:implement. : 
:through a : 
:INFR :new enactm. : 
: I 
Emulsifiers :::::::: : : : : : : 
(modification) : NI : NI : NI : NI : NI : NI : NI : NI : NI : NI : NI : NI : : 
Coffee extracts 
chicory extracts 
(modification) 
Obligation to 
indicate 
ingredients and 
alcoholic strength : I 
: I : I 
: NI : I 
: I : I 
: I : NI 
: NI : I 
: NI : I 
: NI : I 
: I : I 
: I i : I , 
: I : : NI J 
: NI : I : 
NI j 
Measure B DK : E : F : GR : I : IRL : L NL : P : UK : Remarks : 
Simulants (plastic: 
materials in : 
contact with : 
foodstuffs) : 
Pharmaceuticals ; 
and hicrh-
tecbnoloqy 
medicines 
Proposal for 
Directive 
concerning the 
placing on the 
market of high-
technology 
medicinal products 
incl. those 
derived from 
biotechnology 
Proposal 
amending Directive 
75/318/EEC 
concerning the 
testing of 
medical 
specialities NI ! 
: I 
: I NI : 
i I ; 
: I , NI 
: I 
! I NI 
: I : 
: NI : NI : 
: I 
! I : NI : 
: I 
I NI : 
i I 
• I : NI ; 
! I 
I ! NI 
: I 
I : NI : 
: I 
I ; : NI : 
: I 
D NI J 
: I 
:P:Derogation: 
:until : 
:1/1/91 : 
:I: basic : 
:pharmaceut. : 
:directives 
' I :65/65 and 
:75/319 not : 
:implemented : 
:(INFR) : 
10 
Measure B DK : E : F : GR : I : IRL : L : NL : P : UK : Remarks : 
Proposal amending : 
Directive 81/852/ : 
EEC concerning : 
veterinary : 
medicinal products: 
Proposal for a : 
Council Directive : 
amending Directive: 
65/65/EEC concern-: 
ing medical 
specialities 
Cfo$TOical products ' 
Council Directive 
relating to re­
strictions on the 
marketing and use 
of PCB's 
(polychlorinated 
biphenyls) 
Council Directive 
relating to "Re­
strictions on the 
marketing and use 
of asbestos** 
Non-ionic deter­
gents (modifi­
cation of existing 
Directive) I : 
t I : 
: I 
: I 
: I I : 
I : 
:INFR 
: I 
: I I : 
: I 
: I 
: I 
: I NI : 
: D 
: NI 
: NI 
: I I : 
: I : 
: I 
: I 
: I : I : 
: D 
: I 
: I 
: I ; INFR : 
: NI 
: I 
: I 
: INFRJ I : 
: I 
: I 
: I J 
: I : I : 
: I 
: I : 
: I : 
I : : I 
: I 
: I ! 
I : 
I : : I 
D 
: I : 
I : 
NI : : I 
: I 
: I : 
I : 
I : :E,GR and P: : 
:derogation 
:until : 
: 1/1/92 : 
11 
Measure 
Construction and 
construction 
products 
Tower cranes : 
permissible sound 
levels B DK GR : IRL : NL : UK : Remarks 
: NI : NI 
:except 
:Flanders : NI : NI i I : NI ! NI : NI : I : NI : NI : NI : 
Other items 
Tyre pressure 
gauge : NI I : i I : : I : I ' i I : : I ' : I : : I : : I : i NI : : I : B: Imp 1 em. 
not 
complying 
with the 
directive 
Hydraulic diggers : 
(noise) : NI NI NI NI NI NI NI 
Directive on 
products which, 
appearing to be 
other than they 
are, endanger the 
health or safety 
of consumers : NI : I : : NI i NI : NI : NI NI : NI : NI , NI J NI i j NI : 
Good laboratory 
practices : non­
clinical testing 
of chemicals 
: I NI : : I : : NI i : I J : I : I : ' NI ! I J I : : NI : : NI : 
12 Vu 
Measure B DK : GR : IRL : NL : UK Remarks 
Public procurement: 
Coordination of : 
procedures on the : 
award of public : 
supply contracts : 
(amendment of : 
Directive 77/62) : 
and deletion of : 
certain provisions: 
of Directive 
80/767 
FREE MOVEMENT FOR 
LABOUR AND THE 
PROFESSIONS 
Coordination of 
provisions in the 
field of pharmacy 
Mutual recognition 
of diplomas in 
pharmacy 
Specific training 
in general 
medical practice I : 
: I 
:INFR 
: I I J 
:INFR 
: I 
:INFR INFR : 
: I 
: I 
:INFR D 
: NI 
: NI 
: I I 
: I 
: I 
fINFR • D 
: I 
: I 
i I 5INFR 
:INFR 
:INFR 
:INFR : I ; 
: I 
: I 
: I I 
: I 
:INFR 
t I :INFR 
: I 
: I 
I D 
: I 
• I 
: I : I 
: I 
I 
I J E,GR et P : : 
Derogation 
until 
• 1/3/92 : 
•Conformity 
:national 
:measures not: 
:checked 
:L: No need 
L: No need 
13 
Measure 
TRANSPORT 
Fares for ; 
scheduled air 
services : 
Air__transport : 
sharing of 
passenger capacity: 
and market access : 
(Dec. 87/602) 
NEW TECHNOLOGIES 
AND SERVICES 
Pan European 
mobile telephones 
CAPITAL MOVEMENTS 
Liberalisation of 
operations such as 
transactions in 
securities not 
dealt in on a 
Stock Exchange, 
admission of 
securities on the 
capital market and 
long-term 
commercial credits : B 
INFR : 
NI J 
: NI 
: I : D : 
I : 
I J 
: NI ; 
: I DK : 
NI 
NI J 
: NI ! 
: I E : 
I : 
NI ! 
: NI . 
: D F : 
I : 
NI : 
: NI 
: I GR : 
INFR : 
NI : 
: NI . 
: D I : 
NI : 
NI ! 
NI 
: I IRL : 
NI : 
. NI : 
NI 
: I L : 
INFR : 
NI : 
NI 
: I NL : 
I : 
: NI : 
: NI 
: I P : 
NI : 
NI : 
: NI 
: D UK : 
I : 
NI 
: NI Remarks 
:E:Derogation: 
:until : 
:31/12/90 : 
• • • 
• • • 
:GR: : 
:Derogation 
:until 
:31/12/89 : 
• • • 
• • • 
:P: : 
:Derogations : 
:until 
I :31/12/92 
14 bo 
Measure B : D : DK : F GR : IRL : NL : UK : Remarks 
CREATION OF : 
SUITABLE : 
CONDITIONS FOR : 
INDUSTRIAL CO- : 
OPERATION : 
Company iw : 
Regulation for a 
European Economic : 
Interest Grouping : 
Intellectual and 
industrial property 
Legal protection 
of micro circuits 
3)THE REMOVAL OF 
FISCAL BARRIERS 
VrArT 
13th VAT Directive 
concerning tax 
refunds to persons 
not established in 
the Community : I ; 
:INFR 
: I : I : 
: I 
: I : I : 
: I 
: I NI : 
: I 
: I : I • 
: I 
: I : NI « 
:INFR 
: I NI 
: I 
:INFR : I 
: I 
: I : : NI 
: I 
• I ! : I 
: I 
I : : NI 
: I . 
I : : I 
i I : 
I : 
15 
Measure B DK : E F : GR : I IRL : L NL : P UK Remarks 
17th VAT Directive 
concerning the 
temporary 
importation of 
goods other than 
means of transport : I : I : I : INFR ; I : NI : I : I : I : I : I : I : 
<v-
Annex III 
BREAKDOW N OF SITUATION BY MEMBER STATE 
46 47 51 
B D 12 IMPLEMENTED 
NOT IMPLEMENTED 
DK INFRINGEMENT PROCEDURE UNDERWAY 
^ DEROGATION 
NOT APPLICABLE 
30 
28 VOOO0<X 1 
GR 
^ 
BREAKDOWN OF SITUATION 'BY MEMBER STATE 
29 
23 1 
10 
IRL L Il IMPLEMENTED 
2 BoOO MOT IMPLEMENTED 
i 
•H INFRINGEMENT PROCEDURE UNDERWAY 
0\\\ DEROGATION 
NOT APPLICABLE 
51 
37 
11 
NL UK 
Ann ET TV NT 
Implementation schedule of the measures already adopted by the Council 
No. 35 
of 30 
25 
me a s u r e s This graph includes all the 
measures adopted by the Council 
for which an implementation date 
has been fixed. 
In some cases, implementation of 
a measure is phased oyer several 
years. 
85 86 87 88 89 90 91 92 93 95 
Year 
Aimflff Y 
APPLICATION OF ARTICLES 30-36 OF THE EEC TREATY 
AMD OF IILKHLTIVE 83/189 
1968 
1. Number of Articles 30-36 dossiers 
examined in 1988 and In the first six 
months of 1989 
Itoese dossiers break down as follows: 
a. 
b. 
o. 
d. 
e. Ccnroiaints. suspected iiifri-otfements. 
oases deteoted by Ocimr.8Bl.an departments 
and investigated 
IiifTingements established 
* proceedings Initiated for 
infringement of Articles 30 fi£_flflfl. 
C* initiation of prooeedi]_gs fleoixietl rut 
not Yet put into effect: 18) 
Referrals to the Court for iiifTingement 
of Articles 30 fit_flfiJl. 
Draft technical regulations within the 
examined or being examined In the light 
of Articles 30-36 
Reasoned opinions 1180 
783 
188 
8 
198 
44 1.01/30.6.89 
587 
426 
125 
2 
19 
1968 1.01/30.6.89 
2. New ocxoplaints regarding Articles 30-36 
(lncuxdlng 226 oompl ai nts rel at»1 ng to 
registration of second-hand vehicles in 
Spain) 582 185 
43 
Amr-oy YT 
ERAFT TBŒNIGAL STANEARDS NOTIFIED PURSUANT TO 
iJULKl-CriVB 83/189/EBC AS AMENDE} BY 
nERBCTIVE 88/182/EBO 
Member State 1984-1988 
(April-December) 1989 
(January-June) TOTAL 
: BELGIUM 
DENMARK 
GERMANY 
: GREECE 
SPAIN * 
FRAN_QE_ 
IRELAND 
I IJALY___ 
LUXEMBOURG 
: NETHERLANDS 
: PORTUGAL 
- UNITED KINGDOM -: : 25 
: 67 
: 222 
14 
34* 
122 
13 
21 
0 
40 
7* 
52 : 7 
: 10 
46 
: 5 
12 
28 
2 : 
11 
0 : 
11 : 
2 : 
17 : : 32 : 
: 77 : 
: 268 : 
19 : 
: 46 ": 
150 : 
15 : 
32 : 
0 : 
51 : 
9 
69 : 
*Sinoe 1 January 1986. 
NT-
ANNEX VII 
COURT OF JUSTICE DECISIONS NOT IMPLEMENTED BY MEMBER STATES 
PROCEDURES UNDERWAY ON THE BASIS OF ARTICLE 171 OF THE TREATY 
MEMBER STATE LEGAL BASE SUBJECT OF INFRINGEMENT 
PROCEDURE 
BELGIUM : Articles 7, 48, 128 
Treaty; Regulation , of EC 
1612/68 
: Directive 714/82 
: Directive 470/82 
: Regulation 121/82 
: Regulation 80/390 Discrimination in public 
financing; non-university 
higher education. 
Technical specifications 
inland waterway vessels 
: Transport agents 
: Securities 
: Securities 
2. 
: Regulation 279/79 : Securities 
DENMARK : Regulation 831/79 : Dangerous substances 
: Regulation 831/79 : Dangerous substances 
GERMANY : Article 30 of the EC : Difficulties with pasta 
: Treaty : imports 
: Article 30 of the EC : Packaging of "petillant de raisin" 
: Treaty : 
: Article 30 of the EC Treaty : Prohibition on sale of 
: : beer not exclusively brewed with 
: : malt barley 
3 
: Dir. 69/169 : Butter "cruises" - Taxation 
: : aspect 
GREECE : Articles 52 & 59 of the EC Treaty: Nationality requirements for access 
: : to the following professions : 
: : architects, graduate engineers, 
: : surveyors 
: Article 90 (3) of the EC Treaty, : Insurance of public goods 
: Commission decision 85/276 : 
: Article 52 of Greek Act of : Refusal to authorise transfer 
: Accession : of credits to the blocked accounts 
: : of Member State residents 
: Articles 9 & 13 of the EC Treaty : Bank fees for the control 
: Article 28 of the Greek Act of : of imported products 
: Accession : 
4. 
: Articles 52 & 59 of the EC Treaty: Nationality requirements 
: : to practice as lawyer 
: Articles 48, 52 & 59 of the EC : Prohibition on teaching 
: Treaty : 
: Article 30 of the EC Treaty : Provisions imposed on sale of 
: : malt beers 
SPAIN : : 
FRANCE : Articles 52 & 59 of EC Treaty : Replacement of doctor in shared 
: : practice 
: Dir. 77/388 : VAT - motorway tolls 
IRELAND : Directive 388/77 : Application of zero rates 
5. 
ITALY : Dir. 79/109 : Brucellosis 
: Dir. 80/219 : Tuberculosis and brucellosis 
: Dir. 80/1098 : Classical swine fever and 
: : swine vesicular disease 
: Dir. 90/1099 : Classical swine fever and 
: : swine vesicular disease 
: Dir. 82/242; Dir. 82/243 : Anionic surfactant 
: Dir. 414/84 : Therraometres 
: Articles 52 & 59 of the EC Treaty: Nationality requirements (guides, 
: : journalists, self-employed 
: : pharmacists) 
0 
Dir. 
Dir. 
: Art. 
: Dir. 
: Dir. 
: Dir. 
: Dir. 83/181 : 
83/181 
95 of EC Treaty 
82/57 
82/347 
81/177 
76/82 Final importations of personal 
effects - tax relief 
: VAT exemption on final importation 
of certain goods 
: Taxation on bananas 
Phased customs clearance 
: Export procedures on Community 
: goods 
Export procedures on Community 
: goods 
: Part-time training of 
: specialist medical personnel 
w 
: Dir. 65/65; 75/319 : Placing on the market of medicines 
: Dir 470/82 : Transport agents 
: Article 13 of the EC Treaty : Burden of proof requirements 
: : which make the reimbursement 
: : of national taxes at 
: : equivalent rates impossible 
: Directive 660/78 : Company annual accounts 
CÙ u 
8. 
: Directive 386/84 : Movable tangible property 
: Directive 388/77 : Veterinary surgeons and blacksmiths 
: : exemption from services 
: Article 95 of EC Treaty; : Import of medical samples 
: Directive 388/77 : 
LUXEMBOURG : : 
NETHERLANDS : Dir. 388/77 : Tax regime notaries and ushers 
PORTUGAL : 
UNITED KINGDOM : Dir. 756/76 : Lighting and light signalling 
: : devices of motor vehicles 
ISSN 0254-1475 
COM(89) 422 final 
DOCUMENTS 
EN 01 
Catalogue number : CB-CO-89-388-EN-C 
ISBN 92-77-52750-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
5*3