COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC90) 288 final 
Brussels, 22 May.1990 
SEVENTH ANNUAL REPORT 
TO THE EUROPEAN PARLIAMENT 
ON COMMISSION MONITORING 
OF THE APPLICATION OF COMMUNITY LAW 
1989 
(presented by the Commission) 
ccwnarrs 
H. SB^-K-SBCTOR AKflKHS 
A. AN Alw^ WIVII" Mri" 1nf**fI"IKH** l 
1. THE SINGLE MARKET 1 
a. Rpmny?y of ptayslOftl harriers 3 
1. Customs union 3 
U. Free movement of goods 4 
- Article 30 of the Treaty 4 
- Article 95 of the Treaty 5 
- Removal of veterinary and 
plant health controls 6 
b. TtanfTYftl of tnar bmnrlfyre 6 
1. Free movement of goods 8 
- The principle of freedom 
of movement 8 
. Article 30 of the Treaty 8 
. Mutual recognition of 
national rules 13 
- Technical regulations 14 
. Miscellaneous products 14 
. Motor vehicles/agricultural 
tractors/motor cycles 15 
. Foodstuffs 16 
. Pharmaceutical products 16 
. Chemical products 16 
. Energy-generating products 16 
ii. Qpening-up of public procurement 17 
111. Services 19 
- Financial, services 19 
- Transport 20 
- New technologies and services 20 
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Eaga 
iv. Capital movements 20 
v. Rules applying to businesses 21 
- Company law 21 
- Intellectual property 22 
- Product liability 22 
2. A PEOPLE'S E0R3PE 23 
a. Free movement of persons 23 
1. Entry and residence 23 
ii. The right to cross borders freely 23 
iii. Taxation and the citizen 24 
iv. Other questions: driving licences. 25 
b. Right of ef?tabllfihmerit And 
reoogpltion of yrvfllflofttlore 26 
i. Ban on disorimination 26 
ii. i^ft professions 28 
O. Employment «nri anrtri pnHoy 28 
d. Crcnaimtrr protection 30 
B. OTHER «TESTIONS 32 
1. Statistics 32 
2. Community staff 32 
3. Budget 33 
4. Environment 34 
5. Competition 36 
6. Agriculture 37 
7. Fisheries 39 
8. Transport 41 
9. Energy 43 
10. External relations 43 
11. Development cooperation 44 
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TTT TABTJgî nffAPTS ANT) ETTMKAttTKS 
Page 
No 1 Infringement proceedings initiated since 1982, 
classified by stage of proceedings and 
Member State 45 
No 2 Number of letters of formal notice, 1985 to 
1989, classified by sector 46 
No 3 Number of reasoned opinions, 1985 to 1989, 
classified by sector 47 
No 4 Number of references to the Court of Justice, 
1985 to 1989, classified by sector 48 
No 5 Infringement proceedings initiated since 1981, 
classified by stage of proceedings and sector 49 
No 6 Infringement proceedings initiated since 1981, 
classified by sector and legal basis 50 
No 7 Number of infringement proceedings initiated since 
1982, classified by legal basis and stage of 
proceedings 51 
No 8 Number of infringement proceedings initiated since 
1986, classified by Member State, legal basis and 
stage of proceedings 52 
No 9 References to Court and judgments since 1982 53 
No 10 Court of Justice judgments delivered up to 
31 December 1989, not complied with 57 
No 11 Review of significant judgments of national 
courts of final instance 72 
No 12 Statistics on compl a,i nts and infringements 
detected by the Commission's own inquiries 81 
IV. ANNEXES 
A. Infringements of the Treaties and of Regulations 85 
B. Infringement of directives 108 

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i. isMsssnsxL 
1. The seventh annual report on the application of Community law by the 
Member States deals with the monitoring of the application of Comraunity law 
during 1989. T.-tTra its predecessors1 it represents a response to the 
desire expressed by the European Parliament in its resolution of 
9 February 1983.2 
2. The report comprises: 
- a summary of infringements of the Treaties and of regulations at 
31 December 1989 and of the infringement proceedings terminated during 
1989 (Annex A) ; and 
- a review showing the stage reached in the application of directives at 
31 December 1989 and the situation concerning infringements of 
directives (Annex B). 
These are preceded by a sector-by-sector analysis, various tables and 
graphs and a commentary on the main judgments delivered by the highest 
courts of law in the Member States. 
First annual report C0M(84)181 final, 20.4.1984. 
Second annual report G0M(85)149 final, 23.4.1985. 
Third annual report COM(86)204 final, 3.6.1986, published inOJC 220, 
1.9.1986. 
Fourth annual report C0M(87)250 final, 24.8.1987, published in OJ C 338, 
16.12.1987. 
Fifth annual report 001(88)425 final, 13.9.1988, published in OJ C 310, 
5.12.1988. 
Sixth annual report 00M(89)411 final, 22.12.1989, published in OJ C 330, 
30.12.1989. 
OJ C 68, 14.3.1983. 
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3. The presentation of the report is similar to that of last year. In the 
sector-by-sector analysis, the chapter on the single market has been 
drafted in such a way as to follow the structure of the Commission's White 
Paper on the internal market. 
4. The summaries and tables in this seventh report call for the following 
comments: 
(a) As regards the means of detecting infringements 
i. The number of complaints registered continues to grow (1137 in 1988 
and 1195 in 1989), showing that citizens are taking on an increasingly 
active role in the effective creation of a Community based on law. To 
satisfy this growing interest, the Commission makes every effort to 
give a decision as quickly as possible (see Table 12). 
ii. As regards cases detected by the Commission's own inquiries, the 
increase recorded in 1988 (307) continued in 1989 (352). Many of 
these cases originate from parliamentary questions or petitions. Here 
too, the Commission tries to ensure that cases are dealt with as 
rapidly as possible (see Table 12). 
(b) The number of letters of formal notice increased sharply in comparison 
with the previous year (664 as against 569 in 1988). The internal market, 
agriculture and the environment are the main areas in which infringement 
procedures have been commenced. In comparison with 1988 there was a sharp 
increase in relation to the internal market which reflects a tightening up 
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of the Commission's monitoring activities, in particular as regards 
Articles 30 and 36 of the EEC Treaty and the implementation of directives 
(see Tables 1 and 5, Chart 2). 
(c) The number of reasoned opinions fell in 1989 (180 compared with 227 in 
1988), partly no doubt because some cases were terminated following 
régularisation of infringements by Member States after letters of formal 
notice had been sent. The sector most affected by this decrease is the 
environment (see Tables 1 and 5, Chart 3). 
(d) The number of actions brought before the Court of Justice, broken down 
by Member State, was about the same as the year before. Only in the case 
of Italy was there a large increase (see Tables 1 and 5, Chart 4). 
(e) The number of Court judgments which have not yet been complied with 
remained at much the same level as the previous year (82 compared with 86 
in 1988) (see Summary 10). A total of 26 new procedures based on Article 
171 of the EEC Treaty were initiated in 1989. This situation gives cause 
for concern as it undermines the fundamental principles of a Community 
based on law. In some cases - where the instruments or programmes making 
Community funding available make provision for payment to be suspended if a 
Member State is in breach of Community law - the Commission is in a postion 
to exert financial pressure to secure enforcement. But in view of the 
limited legal means available for strengthening the authority of the 
Court's judgments, the Commission is trying to make political leaders more 
aware of the seriousness of the situation. It hopes to be able to count on 
more action by Parliament to stimulate interest in national parliaments and 
national political circles. 
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5. More generally, the Commission's action in 1989 was characterized by the 
following features: 
(a) First of all, greater transparency has been aimed at. While 
observing the duty of discretion on matters subject to its own 
administrative proceedings, the Commission tried to improve the flow of 
information in important cases of infringements and regularization of 
infringements (for example: 27 press releases were issued in 1989; all 
national measures implementing directives are now accessible to the 
public on the Celex database and, for matters concerning the internal 
market, on the INFO 92 base). Also, the Commission has made every 
effort to reply to parliamentary questions and petitions with as much 
precision as possible. 
(b) Second, efforts have been made to increase the awareness of national 
political leaders. This has mainly been done by means of the periodic 
progress reports on the completion of the single market. These reports 
are being extended to cover other areas, in particular the incorporation 
of directives into national law. It is too early to judge if these 
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measures will bear fruit, but they are bound to make those concerned 
more aware of the situation. 
(c) In parallel with this, contacts between Commission departments and 
national authorities concerning the implementation of Community law have 
been stepped up. This takes the form of horizontal meetings 
(for example, to review progress in the application of all directives), 
sectoral or "package" meetings, informal contacts, exchanges of 
officials, etc. Some of the results of these contacts are already in 
evidence - as regards the incorporation of directives into national law 
by the newer Member States, for instance; more should emerge in the 
years ahead. 
(d) The importance of giving effect to the directives has been stressed. 
Clearly, priority objectives such as completing the internal market and 
protecting the environment cannot be achieved unless the directives are 
actually implemented. On average, Member States have introduced the 
measures required to give effect to about 87% of directives by the 
appointed time. The Commission is concentrating its efforts on 
improving this situation by stepping up contacts with national 
administrations and by using the procedure set out in Article 169 of the 
EEC Treaty. It plans to introduce more systematic monitoring of the 
incorporation of directives into national law by the immediate 
initiation of infringement procedures as soon as deadlines are reached. 
Finally, the Commission would make the point that it expects good 
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results from the entry into force of the Italian Act No 86 of 
9 March 1988 (the La Pergola Act). The "annual Community laws" for 
which it makes provision should enable the backlog of directives to be 
cleared and all applicable Community legislation to be implemented 
rapidly using the most appropriate legal instruments. 
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II. SECTOR-BY-SECTOR ANALYSIS 
A. AN AREA WITBrXfT FRQfTIERS 
1. THE SINGLE MARKET 
6. The speeding-up of the decision-making process for giving effeot to the 
White Paper on completing the internal market1 has meant that the 
Ctoramunity instruments adopted in this connection have been coming into 
force faster: of the 151 measures definitively adopted, 103 came into force 
in 1989 and 84 of these require national incorporating or implementing 
measures. 
7. While hitherto the Commission in its political statements had been 
stressing the need to make the new decision-making mechanism set up by the 
Single Act fully credible, it is now endeavouring to make the Member States 
aware of the need to give effect, within the time limits set, to the 
directives, decisions and regulations adopted to establish the single 
market. Any accumulation of delays in applying Community law will 
inevitably compromise the irreversibility of the process that the 
speeding-up of decision-making has set in motion and in particular must 
affect the political support of all the Member States and economic 
operators if any serious imbalances appear in the honouring of pledges 
given. 
8. This prompted the Commission, with a view to initiating a debate at 
political level on the application of the instruments for establishing the 
single market, to present a communication on 7 September 19892, analysing 
the situation and proposing a number of concrete measures, some of which 
have already been given effect: 
Estahllshroent of a oentml 1 zed system in each Member State for 
monitoring implementation. It would appear that most Member States 
now have an administrative structure to monitor implementation. A 
permanent dialogue is now possible between the Commission and the 
Member States which goes beyond the largely technical dialogue 
which existed previously. 
Complete transparency of national incorporation measures. It was 
clearly important, in order to put pressure on the laggard Member 
States and in particular to keep the business world properly 
informed, that national incorporation measures should be entirely 
transparent. In the past the Commission answered requests for 
information on a purely case-by-case basis. The Celex database, 
which is accessible to the general public, now has a sector 
containing information on the measures for incorporating directives 
into national law.In addition, a new database has been established, 
1 0CM(85) 310, 14.6.1985. 
2 C0M(89) 422. 
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INFO 92: it is accessible by videotex and covers all instruments 
adopted under the White Paper whatever their legal form. This base 
provides an analysis of the measures and a table giving the 
references of the national incorporating or implementing measures 
for all the Member States3. 
pialogiift with the Member States in the preparation of incorporation 
measures. The object here is not to add a further negotiation 
stage after the adoption of the instrument by the Council or to 
delay adoption of national measures, but to allow Member States to 
exchange information on the draft legislation being prepared in 
order to prevent infringements before they occur and ensure 
consistency between the Member States. This dialogue is 
particularly important in areas covered by the principle of mutual 
recognition (recognition of diplomas) and in the area of the "new 
approach". The Commission has already convened a meeting, even 
before the deadline for application of the directive, of those 
responsible at national level for administering the general system 
of recognition of diplomas in order to coordinate national 
incorporation measures. This approach will be applied 
systematically in future. 
Organization of exchanges with national departments responsible for 
applying Community instruments. Beyond the formal incorporation of 
Community directives into national law, there is the problem of how 
the rules are actually applied by the national authorities. 
Private individuals very rarely come into direct contact with 
Community law or the Community authorities, such contacts generally 
being established via national legislation or a national 
department. It is for this reason that consistency in application 
is important. As this is a matter of administrative practices 
rather than of legal rules, consistency can be guaranteed only by 
exchanges of experience. This was the approach adopted by the 
Matthaeus programme in the customs field, and it is an approach 
which the Commission proposes to extend to other areas covered by a 
body of Community rules. 
9. This approach was given the Council's backing in the conclusions adopted 
on 21 December. The Council wishes to receive information about 
implementing measures taken by the Member States at least once a year, so 
that it can examine the situation. The Commission, for its part, has 
undertaken to report twice a year; the second report was presented as a 
working paper on 4 December 1989.4 
10. This political approach, on top of the judicial activity which must be 
continued and stepped up, has created an awareness in political circles in 
the Member States of the scale on which national authorities are failing to 
comply with Community law. Even though the situation improved 
substantially in the second half of the year, deadlines are not respected 
in around 45% of cases and new proceedings have been initiated under 
Article 171 in a large number of cases for failure to comply with earlier 
rulings. However, the situation differs from one Member State to another 
For further information consult the Eurohase service in Brussels, 
tel 235.00.01. 
SEC(89) 2098. 
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and from one area to another. 
a. Jtemnwa of |faysiry>1 harrlftr» 
11. Article 8a of the Single European Act sets the Community a clear 
objeotive, namely the creation by 31 December 1992 of "an area without 
internal frontiers". The Ctammission's White Paper on completion of 
internal market contained the work programme for attaining this objective. 
1. Customs union 
12. The infringement proceedings in the customs union sector are mainly 
concerned with infringements of Articles 9 et seq. of the EEC Treaty 
(banning any charges having an effect equivalent to customs duties in trade 
between Member States), Article 171 of the Treaty (failure to comply with 
judgments of the Court of Justice), and Council Directive 83/643/EEC of 1 
December 1983 on the facilitation of physical inspections and 
administrative formalities in respect of the carriage of goods between 
Member States. 
13. Among the infringements of Articles 9 et seq. of the Treaty, 
proceedings have been brought against France in connection with charges 
made for computerized control of customs declarations under the SOFI 
system. The Commission maintains that in trade between Member States no 
charge may be made in respect of customs formalities, regardless of whether 
the procedure is manual or computerized. Another infringement proceeding 
was initiated against France concerning the flat-rate tax on exports of 
precious personal items to other Member States. 
14. In the same area the Commission brought an action before the Court of 
Justice concerning the charges levied by the Italian customs for services 
performed at the same time for a number of firms. The Commission feels 
that the charges are out of all proportion to the cost of the services 
performed at the request of the firms. Infringement proceedings were also 
brought against Italy in respect of the stamp duty charged on imports of 
certain products from other Member States. 
15. For failure to apply judgments of the Court of Justice a letter of 
notice was sent to Italy on the basis of Article 171 in connection with the 
case concerning the rules of proof which make it impossible to obtain 
repayment of national taxes and charges which had been levied in breach of 
Community law (judgment of 24 March 1988 in Case 104/86). A similar case 
concerning Italy was also referred to the Court of Justice in the matter of 
export procedures (judgment of 30 April 1989 in Case 158/85). 
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16. As regards secondary legislation, a reasoned opinion was sent to Italy 
ccmeerning the customs clearance of steel products. Italy has reduced the 
number of customs offices where steel products can be cleared, thereby 
infringing Articles 2 and 6 of Directive 83/643/EBC. The Commission has 
also brought an action against Italy before the Court of Justice on the 
grounds that the procedure for the customs inspection of goods infringes 
the same Directive. 
17. A reasoned opinion has also been sent to Greece for an infringement of 
that Directive. It is alleged that controls and formalities for imports of 
ceramic tiles from other Member States, in particular Italy, are excessive 
in Greece and delay imports. 
18. A reasoned opinion has been sent to France for infringement of 
Regulation (EEC) No 754/76 on returned goods. This case concerns an 
incorrect interpretation of the Regulation by national courts which 
extended to industrial products provisions applicable solely to 
agricultural products. 
19. An infringement proceeding against Germany concerning customs debt in 
respeot of goods stored in free zones was withdrawn after changes were made 
to the Community legislation by way of compromise. 
20. Two infringement proceedings concerning inward processing and monetary 
compensatory amounts (one against the United Kingdom and the other against 
France) were abandoned after the Court of Justice found in favour of the 
Member States concerned. 
ii. Free movement of goods 
21. Measures to eliminate physical inspections have been taken only in the 
areas of veterinary and plant health controls and the control of means of 
transport and capital. Except in the agricultural field, the appointed 
dates for applying the measures have not yet been reached. Hence only the 
directly applicable provisions of the Treaty (Articles 30 and 95) can be 
relied upon to challenge unjustified frontier controls. 
Article 50 of the Treaty 
22. Article 30 of the Treaty prohibits, between Member States, quantitative 
restrictions on imports and measures having equivalent effect. The 
provision enables action to be taken against import formalities which are 
not justified by compel 1 i ng reasons such as health protection or safety 
considerations. 
23. On this basis the Commission has challenged a number of rules 
introducing unwarranted formalities in the movement of industrial and 
agricultural products: 
* the requirement that a declaration must be lodged in advance 
indicating the country of origin for imports into France of urea 
originating in non-member countries but in free circulation in 
another Member State; 
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* the requirement that certificates of origin be produced for imports 
into Italy of steel products coming from another Member State; 
* customs formalities which, although justified in certain cases, 
act as a deterrent to importers: 
- application of different customs tariffs on a wide range of 
agricultural products depending on the point at which they enter 
French territory; importers were fined for incorrect declarations 
even when they had relied on earlier import operations;" not only 
did the Commission obtain the necessary explanations concerning 
the customs tariff applied, but in particular fines incorrectly 
levied were repaid; 
- the difficulties in Belgium for the customs clearance of small 
parcels from other Member States, in particular the time taken; 
measures have been taken by the authorities to speed up the 
processing of small consignments and express consignments by the 
railways and the customs; 
- the restriction of the right to import certain products to 
certain importers; the effect of this arrangement is to block 
in customs certain imports made by an importer without the right 
authorization ; 
- the ban on imports into Germany by private individuals, 
for their own use, of medicines authorized in Germany but 
purchased in a pharmacy in another Member State; the Court 
of Justice ruled that this ban was incompatible with 
Article 30 (Case 215/87 Schumacher v Germany. 7 March 1989). 
Article 95 of the Treaty 
24. In 1989 the Commission continued to examine complaints and the many 
questions or petitions from the European Parliament. It also initiated 
proceedings itself whenever it was found that national legislation was not 
consistent with the tax provisions of the Treaty or of secondary 
legislation. 
25. Under Article 95 of the Treaty the Commission issued reasoned opinions 
in a number of new cases against the following Member States: 
- Greece: differential taxation of imported cars, silver-plated 
cutlery and instant coffee; 
- France: parafiscal charge on potatoes; 
- Ireland: introduction of new measures penalizing imported 
newspapers. 
—6— 
26. These cases lengthen the list of those initiated earlier, in some of 
which the Commission decided in 1989 to bring actions before the 
Court: excise duty arrangements on beer in Belgium, the Netherlands, 
Luxembourg and Italy, the administrative charge for the inspection of fruit 
and vegetables in Portugal, and the differential VAT rates in Greece for 
imported spirits. 
27. A proceeding concerning a tax on imports into Denmark of chocolate and 
sugar-based products was dropped after Denmark amended its legislation. A 
proceeding against the United Kingdom œnoerning the taxation of sherry was 
also abandoned. 
Removal of veterinary and plant health controls 
28. For the application of directives and the White Paper on the internal 
market, it is the veterinary and plant health field which involves the 
largest number of instruments whose objective is not only to eliminate 
physical controls at frontiers on agricultural products but also, by 
removing these controls, to make it possible to eliminate all controls on 
goods and persons. 
29. Because of the number of instruments in force (35) and their strategic 
importance for Project 1992, it is essential to see that they are correctly 
applied. Of the 32 instruments requiring incorporation measures, only a 
third have been incorporated into national law in all the Member States. 
The delays are divided fairly evenly between all Member States, but 
Portugal and Italy are particularly remiss. 
30. The Commission was forced to initiate 35 infringement proceedings under 
Article 169 of the Treaty against Member States for failing to enact 
national legislation incorporating directives designed to give effect to 
the single market. Twenty-seven cases .concerned the veterinary field and 
eight cases plant health. In addition, six reasoned opinions (four in the 
veterinary field, and two concerning plant health) were issued. 
31. In the plant health field it has been possible so far to terminate «n 
the proceecdings before Court action was needed. In the veterinary field, 
on the other hand, the Commission brought proceedings before the Court 
against Italy in 1989 for failing to incorporate Directives 85/322/EEC and 
85/325/EEC. 
b. Removal of tax harriers 
32. The removal of tax controls at frontiers depends on correct application 
of the Directives on tax relief and the VAT harmonization Directives. 
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33. As regards tax relief, it is regrettable that despite the great " 
political significance of these measures, the last Directive raising relief 
to ECU 390 has still not been incorporated into Italian law even though the 
deadline for this was July 1989; the same applies to the 1985 Directive on 
small non-commerolal. consignments and the 1988 Directive on small 
commercial consignments. 
34. As regards VAT harmonization, the Commission concentrated on monitoring 
the correct application of the VAT Directives, which are of fundamental 
importance for the completion of the internal market by 1992 and the proper 
collection of own resources. 
35. A number of cases were terminated in this area after Member States 
agreed to comply with the Commission's observations: Spain discontinued 
zero-rating for lawyers and professional sport; Ireland stopped exempting 
corrective spectacles from VAT; and France dropped the arrangement limiting 
the right to deduct. 
36. The Commission issued reasoned opinions in the following cases: 
- United Kingdom, France, Greece, Netherlands and Ireland: VAT on 
road tolls; 
- Spain: exemption from VAT for services supplied by painters and 
sculptors, authors and journalists; 
- Italy: arrangements for refunding VAT to foreign taxable 
persons; 
- Germany: taxation of travel agents; 
- France: VAT on advertising services. 
37. Monitoring the application of Community law also involves ensuring 
that Member States comply with the Court's judgments. In this context seven 
new cases had to be initiated under Article 171 because Member States had 
still not taken steps to comply with the following judgments: 
- Netherlands : tax status of notaries and bailiffs (judgment of 
26 March 1987 in Case 253/85) ; 
- Italy: taxation of bananas (judgment of 7 May 1987 in 
Case 184/85); 
- Italy: exemption from VAT of services of veterinary surgeons and 
smiths (judgment of 24 March 1988 in Case 122/84); 
- Italy: imports of medical samples (judgment of 21 June 1988 in 
Case 257/86); 
- Italy: flat-rate refund arrangements for agricultural 
producers (judgment of 28 June 1988 in Case 3/86); 
- Italy: extension of exemption from VAT in connection with 
earthquakes (judgment of 21 February 1989 in Case 203/87); 
- Italy: differential taxation of rum (judgment of 11 July 1989 in 
Case 323/87). 
c. Removal of technical barriers 
38. This is the field in which most progress has been made: 50 directives 
adopted as part of the White Paper programme were in effect in 1989 in all 
the areas concerned, particularly that of the harmonization of technical 
rules. 
i. Free movement of goods 
39. The removal of non-tariff barriers to intraHSammunity trade in goods 
is a cornerstone of the building of the single market. The Commission has 
two basic instruments for this purpose at its disposal, the prohibition on 
all measures having equivalent effect to quantitative restrictions 
(Articles 30-36 of the EEC Treaty) and the harmonization of technical 
rules. 
40. Recent cases which have been brought to the attention of the 
Commission point to the changes under way in the Member States: most 
obstacles are to be found in technical regulations, while the number of 
cases of unnecessary import formalities (see above) is steadily falling. 
Technical regulations are also the area in which the longest delays are 
occurring in transposing Community provisions into national law. 
The principle Of freedom of movement 
41. The principle of freedom of movement is a development from the 
prohibition on quantitative restrictions and the recognition of national 
rules. 
. Article 30 of the Treaty 
42. Article 30 of the EEC Treaty prohibits quantitative restrictions on 
imports and all measures having equivalent effect. The very broad 
interpretation put upon the latter notion, which - in the Court of 
Justice's own words - covers "all trading rules which are capable of 
hindering, directly or indirectly, actually or potentially, intra-Community 
trade", enables the Commission as "guardian of the Treaties" to take steps 
to eliminate obstacles to trade of the most diverse kinds. 
43. In this connection, in 1989 the Court of Justice confirmed its earlier 
holding that all rules on the marketing and distribution of goods are open 
to scrutiny under Article 30. A case in point is that of French 
legislation on door-to-door sales (Case 382/87 Roger Buet - Judgment of 
16.5.1989), whose compatibility with Article 30 was considered in response 
to a request for a preliminary ruling, and Case 25/88 Wurmser (Judgment of 
11.5.1989), the object of which was the extent of the liability borne by 
importers in France in respect of imported goods. 
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44. These figures also include the technical regulations notified under 
Directive 83/189/EEC as amended by Directive 88/182/EEC, and scrutinized in 
the light of Articles 30 and 36 of the Treaty (see below). 
45. In view of the ever-increasing number of cases brought to their 
attention, the Commission's departments have found it necessary to stop 
^fnng with them on an individual basis and have adopted a comprehensive 
approach. The practice of holding regular "package" meetings with 
representatives of the government departments concerned in Member States 
has become more widespread in 1989. At such meetings, all the cases 
involving a Member State are discussed, as are cases involving other Member 
States in which it has expressed an interest. Pragmatic solutions in 
keeping with Community law can thus be sought jointly at the complaint 
stage, with a guarantee that the procedure will be transparent. A package 
meeting involving Germany was held for the first time in 1989. Such 
meetings have also been held, with Spain, France, Portugal, Italy and 
Greece. 
46. The results achieved in 1989 include the cases summarized below. 
As regards iTïluptrlal, products: 
* the elimination of unwarranted technical specifications defining light 
mopeds in Germany, which had the effect of closing the German market to 
imported products which did not meet the specifications; 
* the termination of the requirement for television sets imported into 
France to be fitted with a Peritel socket enabling them to be connected 
to other audio or video facilities; 
* the repeal of unwarranted provisions relating to the labelling of 
ceramic tiles which had the effect of making it more difficult and more 
expensive to import tiles manufactured in other Member States into 
vjrccoe ; 
* the adjustment of the conditions relating to the type-approval and 
marketing in the Netherlands of reflective equipment for bicycles, 
following the dispatch of a reasoned opinion by the Commission. 
As regards telecommunications: 
* until the Commission adopted Directive 88/301/EEC on 16 May 1988, the 
national markets in télécommunications terminals were partitioned off 
from each other by the existence of monopolies in the importing, 
marketing, connection and installation of terminals granted by Member 
States to their own postal, telephone and telegraph authorities; 
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* any obstacles to freedom of movement which may now exist are due mainly 
to the fact that diverging national approval and specification 
procedures apply. 
47. The Camraission took further action to open up national markets. 
In response to a parliamentary question, the Commission satisfied Itself 
that the German authorities grant approval to terminals lawfully marketed 
in other Member States even if they are manufactured according to 
specifications different from those contained in national standards, 
provided they meet certain basic requirements. 
The Commission also made representations to the Belgian authorities to 
ensure that private individuals in Belgium were authorized to own antennae 
with which to receive satellite-broadcast television programmes. Following 
the dispatch of the Commission's reasoned opinion, the Belgian authorities 
undertook to allow the import and marketing of such antennae where they 
were lawfully manufactured and marketed in other Member States, without 
setting any conditions (including conditions relating to authorization or 
type-approval). 
48. More specifically, the Commission had decided in the past to initiate 
the Article 169 procedure against several Member States (the Netherlands, 
Luxembourg, Ireland, Greece, the United Kingdom, Denmark, Belgium, Germany, 
France and Italy) for failure to notify national measures to give effect to 
Directives 86/361/EEC5 and 87/372/EEC£ . All but Italy had failed to 
notify any measure to implement either of the two directives. Italy was in 
breach of the Treaty in respect only of Directive 87/372/EEC. 
49. Since then, Germany and France, in accordance with Article 11(2) of 
Directive 86/361/EEC and Article 4(2) of Directive 87/372/EEC, have 
cjommunicated to the Commission the text of the main provisions transposing 
the two directives into German domestic law and Directive 87/372/EEC into 
French domestic law respectively. The Member States still in 
breach of the law for failure to communicate national implementing measures 
are the Netherlands, Luxembourg, Ireland, Greece, the United Kingdom, 
Denmark and Belgium, in respect of both directives, France in respect of 
Directive 86/361/EEC, and Italy in respect of Directive 87/372/EEC. The 
Commission has therefore sent letters of formal notice to the governments 
concerned. 
5 Council Directive of 24 July 1986 on the initial stage of the mutual 
recognition of type-approval for telecommunications terminal equipment. 
6 Council Directive of 25 June 1987 on the frequency bands for 
pan-European cellular land-based mobile communications. 
- 11 -
50. With regard to foodstuffs. 1989 saw the publication by the Commission 
of an interpretative communication reviewing Community law applicable to 
the movement of foodstuffs within the Qxnmunity.7 
51. The Commission's departments have also, of course, continued with 
their monitoring work in this sector. 
The following cases were settled before reaching court: 
restrictions on the use of the word "limona/lfifi" as a denomination 
in France; 
difficulties in the marketing of butter in Italy owing to packaging 
requirements; 
prohibition on the use of certain additives in France (calcium 
acetate) and the United Kingdom (benzoic acid). 
A number of cases before the Court of Justice were also decided in 1989. 
On 11 May the Court gave judgment in an action brought by the Commission 
against Belgium for not permitting the sale in its territory of prepared 
meat containing more than a given quantity of edible gelatine (Case 52/88, 
not yet reported). The Court held that an absolute prohibition on the 
marketing of a foodstuff could only be justified by the need to protect 
human and animal lives and health or vegetable species, which did not apply 
in the case at issue. The Court also gave judgment on 2 February in a case 
against Germany for setting national requirements as to composition in 
respect of imports of meat products. As Germany has not complied with the 
judgment, proceedings have been brought against it under Article 171 of the 
EEC Treaty. 
52. A growing number of judgments are not being complied with: in 1989 
seven Article 171 actions were brought or pursued further, involving 
Belgium (Case 52/88), Germany (Cases 274/87, 179/85 and 178/84), Greece 
(Case 176/84), France (Case 169/87) and Italy (Case 56/87). Because of the 
checks carried out by the Commission, the area covered by Article 30 is, 
together with failure to transpose directives into national law, the one in 
which the greatest number of proceedings are taken for failure to implement 
Court rulings. 
53. In relation to agricultural products8, it should be stressed that 
Articles 30 and 34 of the Treaty (on the elimination of quantitative 
restrictions on imports and exports and of all measures having equivalent 
effect) are to be regarded as an integral part of common market 
organizations9 and that barriers to trade in products covered by such 
organizations affect their normal operation. 
7 OJ C 271, 24.10.1989. 
8 I.e. the products listed in Annex II to the EEC Treaty. 
9 See judgment of the Court of Justice in Case 83/78 Pigs Marketing Board 
v Redmond [1978] ECR 2347, Ground 55. 
- 12 -
54. The barriers in respect of which the Commission initiated proceedings 
were many and varied, as the following examples illustrate: 
- technical requirements relating to the presentation, quality or 
pyfraging of products, having the effect of limiting or discouraging 
imports: the Commission took action against this type of measure in the 
case of restrictions imposed in Italy on the marketing or importation of 
fats and oils (obligatory presence of a tracer) and of cheeses (minimum 
fat content), and in that of the obligation imposed by the regulations 
in certain German Lander to present fresh poultrymeat in sealed 
jw>TragiT)g rfestverpackt) where they are sold in the same premises as 
other types of meat, and again in the case of Greece, which, despite the 
Court of Justice's judgment in Case 124/85,10 continues to permit the 
import and wholesale marketing of fresh beef and veal in respect only of 
certain cuts; 
- the requirement for a producer Member State to issue certificates 
stating that products meet the required standards in the importing 
Member State, as required by Greece with regard to large numbers of food 
products on grounds of radioactivity or by Greece and Luxembourg with 
regard to pasteurized butter; Luxembourg, however, has conformed to the 
Commission's point of view, in line with the position taken by Germany 
in 1988; 
- the requirement for prior import licences or authorization imposed in 
respect of live sheep and goats in Germany (although rescinded in 
France), of semen intended for artificial insémination in France, 
Luxembourg, the United Kingdom and Ireland, and of live animals and 
fresh meat in Belgium; 
- the practice of carrying out routine health checks on imports of 
Tpoultrymeat into Germany and Greece or double checks on imported fish in 
Belgium; 
- national measures to do with human, animal or plant health or with 
additives, prohibiting imports or making them impossible, such as 
measures affecting imports of cheese into Italy and Greece by setting 
maximum nitrate content levels, and imports of grapefruit into Italy by 
limiting entry points to six seaports and excluding all imports by land; 
- the setting of maximum prices having the effect of discouraging and 
restricting imports, as practised in Greece in the olive oil trade. 
10 Commission v Greece, not yet reported. 
- 13 -
55. The system of maximum import prices in Greece for sheepmeat and 
goatmeat from Hungary was discontinued following the Court's judgment in 
Case 127/87.n 
. Mutual recognition of national rules 
56. In ac5Cordance with the strategy it outlined in its internal market 
White Paper, the Commission is paying particular attention to the 
application of the EEC Treaty's rules on the free movement of goods 
(Articles 30-36) and is endeavouring to ensure that the principle of mutual 
recognition is systematically incorporated in national law. This principle 
requires any product lawfully manufactured and marketed in one Member State 
to have free access to the markets of the other Member States, provided it 
does not endanger health and safety. At all events, the measures taken to 
protect these interests must be strictly proportionate to the objectives 
pursued. 
57. This is why, wherever the Commission finds itself facing an obstacle 
justified on grounds of the need to protect the interests referred to 
above, it requires the Member States, provided the measures taken are in 
proportion, to insert a provision in their regulations embodying 
recognition for products from other Member States offering equivalent 
guarantees. 
For instance, clauses to this effect have been inserted into: 
* German rules on flammable liquids, to enable flame arresters checked by 
accredited bodies in other Member States to be used in buildings in 
Germany; 
* Spanish rules laying down technical specifications for civil engineering 
projects, to confer recognition on products from other Member States 
manufactured according to other specifications; 
* Portuguese rules governing the metrological control of radar speed 
detectors, to confer recognition on tests carried out in other Member 
States. 
58. To this ex post facto monitoring activity must be added, in the case 
of industrial products, the prior monitoring carried out by the Commission 
pursuant to Directive 83/189/EEC as amended by Directive 88/182/EEC. This 
Directive obliges the Member States to submit draft technical regulations 
for prior vetting as part of an information procedure. This obligation -
which in the past did not cover the agricultural, foodstuffs, 
pharmaceuticals and cosmetics sectors - has been extended to cover all 
technical regulations from 1 January 1989. 
11 Commission v Greece, not yet reported. 
- 14 -
59. In 1989, 319 draft technical regulations and standards were 
scrutinized in the light of the Treaty and secondary legislation. After 
examination, the Commission sought, in 37 cases, amendments designed to 
ensure that their adoption did not raise new barriers to the free movement 
of goods. In nine cases, the Commission announced the presentation of a 
draft Community directive the provisions of which are to replace the 
national measures. 
60. This year the Commission has set up machinery to ensure cxmrplianoe 
with the notification requirement. It signed a contract with a private 
organization whose task is to go through the official publications from all 
the Member States and to send whatever technical regulations they adopt to 
the Commission. Where the Commission detects an infringement of 
Directive 83/189/EEC, it will as a matter of course commence infringement 
proceedings under Article 169 of the EEC Treaty. 
. Miscellaneous products 
61. In tandem with developing the "new approach" whereby a single legal 
enactment can cover a wide range of products - the first directives using 
this approach will take effect in 1990 - the Commission has to continue 
managing large numbers of directives relating to specific industrial 
products. At present there are 81 directives in force under the "old 
approach", in respect of which 85 infringement proceedings are under way. 
62. Most of these infringements (79 cases) are cases of failure to 
incorporate directives into national law, while the other six cases have 
arisen from the incorrect application of national implementing legislation. 
- Of the 79 proceedings against failure to incorporate, 48 were commenced 
in 1989, while the other 31 were old proceedings already under way. 
These cases stem as a rule from the slowness of national procedures for 
amending legislation and in most cases are eventually resolved. For 
instance, 29 cases were regularized by the Member States concerned in 
1989. However, the Commission brought seven actions before the Court of 
Justice against two Member States - Belgium (Cases 272/89, 274/89 and 
276/89) and Luxembourg (Cases 271/89, 273/89, 275/89 and 277/89). All 
these cases were regularized before the end of the year, and the 
Commission decided to withdraw. Orders for their removal from the Court 
register will be made in 1990. An action brought against Italy in 1988 
for failure to inform the Commission of measures to give effect to 
Directive 83/128/EEC (medical thermometers) is still proceeding 
(Case 99/88). 
- 15 -
As regards the stage reached in the application of directives by Spain 
and Portugal, contact has been maintained with the relevant government 
departments with a view to quickly making up the time lost in 
transposing the directives into national, law. Remarkable strides have, 
in fact, been made by the Spanish authorities, who have transposed 
66 directives, including 47 in the last year, out of the total of 81. 
- As to the non-conformity of national laws with Community directives or 
the incorrect application of such laws, apart from one case oonoernl.ng 
Directive 84/539/EEC (see § 63), all the others, as in the past, concern 
Directive 73/23/EEC (the "low voltage" Directive). Of seven sets of 
proceedings embarked upon in the course of the year for infringement of 
this Directive, those against France and Ireland have been dropped. 
Those against the United Kingdom, the Netherlands, Denmark and Germany 
are well on the way towards a settlement. But the case against Italy is 
following its course. 
63. A fresh proceeding has been commenced against Germany for the 
incorrect application of Directive 84/539/EEC (electromedical equipment 
used in human medicine). The German authorities continue to require 
type-approval for electromyographs, while the Directive stipulates that a 
declaration by the manufacturer suffices. The proceeding against the 
United Kingdom for non-conformity in the transposai of Directive 73/23/EEC 
has been abandoned following measures taken by the British authorities to 
comply with the obligations flowing from the Directive. Lastly, the 
infringement proceeding brought against Spain œnoerning an interpretation 
of Decree 7/1988 transposing Directive 73/23/EEC which is not in conformity 
with the Directive has been closed following the recent adoption of new 
administrative measures. 
64. Directive 88/320/EEC on good laboratory practice, which is very 
important in organizing recognition of tests and certificates and was to 
have been implemented by 1 January 1989, has been transposed into national 
law in only five Member States (Belgium, Denmark, Luxembourg, the 
Netherlands and the United Kingdom). 
. Motor vehicles/agricultural tractors/motor cycles 
65. Implementation of the directives on motor vehicles, agricultural 
tractors and motor cycles continued normally in the Member States, 133 of 
them having now been transposed. In the course of the year, 
30 infringement proceedings for failure to transpose directives were 
commenced. The infringements are all due to administrative delays in 
certain Member States in incorporating Community directives into their 
national law. 
66. The delays in transposing all the Directives on car exhausts (88/76, 
88/77 and 88/436/EEC) into national law in Italy and the Directive on 
diesel particulates into national law in Belgium and Greece are 
particularly regrettable. 
- 16 -
. Foodstuffs 
67. The proceedings initiated in respect of the foodstuffs directives all 
concern instances of failure to communicate national implementing measures. 
The file was closed on 11 infringements, 13 cases are at the formal notice 
stage and two are at the reasoned opinion stage. 
68. The Commission dropped actions against France and the Netherlands for 
failure to transpose Directive 83/417/EBC (lactoproteins) and against 
France for failure to transpose Directive 83/635/EBC (preserved milk). 
69. In the field covered by the White Paper programme, nine directives or 
regulations entered into force and are being transposed into national law 
or implemented in a very unsatisfactory manner; three of them have not 
been incorporated into national law in any Member State. Bearing in mind 
that the "horizontal" directives are soon to take effect, the delays in 
this particular sector are a cause for concern. 
. Pharmaceutical products 
70. The situation with regard to medicinal products for use in human or 
veterinary medicine has changed very little since 1988. Proceedings have 
been taken against Italy before the Court of Justice for the 
non-transposition of the two basic Directives on pharmaceutical products 
(65/65/EEC and 75/319/EEC), and discussions have been held with the Spanish 
Government with a view to ensuring that these Directives are swiftly and 
properly incorporated into Spanish law. 
71. Although there are very few problems in this particular field, it is 
noteworthy that no notification of any transposition measure was received 
in 1989 in respect of the Directive on price transparency (89/105/EEC), 
which was to have effect from 31 December 1989. 
. Chemical products 
72. Since the sixth annual report to Parliament, all the directives 
adopted since 1980 have been implemented by all Member States (other than 
Spain and Portugal) save one only. That Member State, Italy, despite the 
Court's having found against it for failure to transpose the Directives on 
surfactants, is being proceeded against under Article 171. 
73. As regards fertilizers, the last Directive due to take effect in 1989 
(liquid fertilizers) has been incorporated into national law only in 
Germany and Denmark. 
. Energy-generating products 
74. Following the adoption of a paper on the internal energy market in 
July 1988, an inventory of barriers to trade in this sector was drawn up. 
The action needed to dismantle them will shortly be submitted to the 
Commission. 
- 17 -
ii. Opening-up of public procurement 
75. Public procurement is an area which raises problems not only in 
relation to the transposition of directives but, to an even greater degree, 
in relation to the proper application of directives by the various official 
agencies concerned in the Member States. 
76. As part of its work of monitoring transposition, the Commission 
brought an action before the Court against Greece for incorrect 
transposition of Directive 71/305/EBC. On the other hand, as Greece 
correctly incorporated the old Directives on supplies (77/62 
and 80/767/EEC) in the oourse of the year, the action brought for failure 
to do so was withdrawn. 
77. The Commission initiated the Article 169 procedure against Italy and 
the Netherlands for failure to notify it of measures to incorporate 
Directive 88/295/EEC. 
78. The Commission brought an action before the Court in respect of 
Italian Act No 80 of 17 February 1987. This law lays down a special 
procedure for the award of public procurement project contracts containing 
several features which are contrary to the relevant ODmmunity rules. When 
it comes to the criteria for selection, the Act requires bidders to be on 
the Italian list of accredited contractors, and stipulates that preference 
should be given to temporary groupings or to consortia of firms carrying on 
their principal business in the region in which the projects are to be 
carried out. Another feature is that the region's own firms are also given 
preference in subcontracting: the Act requires the contracting authority 
to subcontract a minimum quota of work to firms which have their official 
head offices in the region in which the works are to be carried out. 
79. If national legislation is to be systematized without having to wait 
for complaints to be lodged, checks must be carried out not only to ensure 
that a measure transposing a directive into national law is in keeping with 
that directive but also that all other provisions applicable to public 
procurement are consistent with it. 
80. The independent experts with whom a contract was signed in 1988 have 
therefore been instructed to carry out a preliminary review of all the 
public procurement legislation in each Member State. 
81. In the course of the year the measures introduced by the Commission in 
198612 to widen its scope for detecting infringements on its own 
initiative became operational. These measures consist of: 
- systematic checking of public works contract notices over three periods 
on the basis of a pilot monitoring contract signed last year with a 
consultancy firm; 
12 Sixth Annual Report to Parliament on monitoring the application of 
Community law (1988), points 84 and 85. 
- 18 -
- checks for compliance with the rules during the execution of projects 
and programmes financed by the structural Funds and the other financial 
instruments applying the practical arrangements and resources detailed 
by the Commission in its cxsramunication to the Member States in January;13 
- stricter checks for œmpliance with Community rules in the publishing 
of contract notices. 
82. The infringement cases processed in 1989 have shown that there are 
shortcomings in the following areas: 
- Interpretation of the scope of directives and the excluded sectors: 
A reasoned opinion was sent to Spain concerning a public procurement 
competition for dredging works launched by the Junta del Puerto de 
Seyilla y Rio del Guadalquivir. 
It is worth pointing out here that the Commission has brought an action 
before the Court over the case involving the failure by the public 
enterprise which runs Lisbon Airport to put out to Cammunity-^wide 
competitive tender a contract for the supply and assembly of a 
telephone exchange.14 
- The criteria for selecting those eligible to bid: 
A reasoned opinion was served on Italy concerning a public contract for 
the supply of meat, opened to bids by USL No 11-Genoa 2. In this 
particular case the contracting authority had specified that 50% of the 
niinimum amount of supplies which applicants were required to have 
carried out in the previous three years in order to be admitted to the 
competition had to consist of supplies to government departments. 
Another reasoned opinion was served on Italy in respect of a 
prequalifying notice issued by the Ente ferrovie dello Stato for the 
purpose of identifying companies capable of carrying out construction 
works on a railway line between Rome and Naples. In this particular 
case the companies concerned had to have already carried out works in 
Italy worth a stated overall figure and be "listed in the Italian trade 
register. 
- The stipulations made in contract documents and the way these are 
applied when selecting bids: 
For example, in the case of the public contract put out for bids by 
Storebaeltforbindelsen A/S for the construction of the Great Belt 
Western Bridge in Denmark, which came to the Commission's notice in 
May and was referred to the Court in August, the contracting authority 
had included stipulations in the conditions requiring the widest 
possible use of Danish materials, consumer goods, labour and equipment. 
The Commission also maintains that negotiations between the contracting 
13 OJ C 69, 28.1.1989; Bull. EC 1-1989, point 2.1.8. 
14 Sixth Annual Report to Parliament on monitoring the application of 
Ctommunity law (1988), point 81. 
- 19 -
authority and the consortium chosen were carried out on the basis of an 
offer which did not conform to the specifications. In the case of the 
first of these two infringements, the Commission applied for interim 
measures to secure an order from the Court that the operation of the 
contract which the contracting authority had meantime concluded with the 
successful bidder should be suspended. During the hearing, however, the 
Commission withdrew this application in the light of solemn cxBoooitments 
received from the Danish Government and in view, too, of the serious 
difficulties which suspending the contract would have created. The Danish 
Government has admitted before the Court the incompatibility of the "Danish 
clause" with the EEC Treaty and has undertaken to ensure that an 
arbitration procedure will be applied whereby unsuccessful bidders for the 
contract in question can be refunded the costs of taking part in the 
cjompetition without having to show that, if the clause had not existed, 
they would have won the contract. 
iii. Services 
83. The Commission intends to show increased vigilance in monitoring the 
application of Community provisions to establish the oommon market in 
financial services by 1992. To this end it has begun talks with the 
Member States aimed, in particular, at a systematic revision of the 
application of the directives in this field. Concerned to secure 
compliance with the deadline set for the implementation of Directive 
85/611/EEC on undertakings for collective investment in transferable 
securities (UCITS) (1 October 1989), the Commission, before setting the 
Article 169 procedure in motion, sent a letter to those Member States which 
had not communicated their measures by the deadline (Belgium, Germany, 
Spain, Italy and the Netherlands). The Directive is not yet applicable in 
Greece and Portugal. In the case of Belgium, this delay aggravates the 
serious situation in respect of non-c?omplianoe with the Court's rulings (in 
this instance, the ruling given on 12 February 1987 in Case 390/85) 
regarding failure to incorporate into national law three directives in this 
field., and the Commission was obliged to initiate Article 171 proceedings. 
84. As regards cases of infringement, the Commission brought before the 
Court an action involving Italy's checks on the green vehicle insurance 
card (Case 232/89). Initiation of the Article 169 procedure has been 
decided in a number of other cases mainly œncerning the situation existing 
in several Member States where tax legislation renders more difficult 
transactions with insurance companies not established on their territory. 
These cases are of particular importance given that they affect, in the 
financial field, the freedom to provide services laid down in Article 59. 
As regards compliance with the Court's rulings of 4 December 1986 
concerning non-life insurance and coinsurance (Cases 205/84, 220/83, 206/84 
-20-
and 252/83), only Denmark has passed legislation, while Germany, France and 
Ireland have taken interim administrative measures. The Commission will 
see to it that definitive measures are taken when the second Directive on 
non-life insurance (88/357) is incorporated into national law, a step which 
must be taken by 1 January 1990. 
Transport 
85. Liberalization of the transport market is gradually being implemented 
on the basis of the programme set out in the White Paper. Since most of 
the instruments involved are regulations, national implementing measures 
are not always necessary, though in some cases substantive measures on the 
part of the Member States are called for. 
86. There are major delays. Some acts such as the regulation on 
competition in the sea transport and air transport sectors have been 
implemented in a limited number of Member States (United Kingdom and 
Denmark); but in some Member States, such as Belgium, Luxembourg and 
Portugal, delays are virtually systematic. (See Section B.8 - Transport.) 
New technologies and services 
87. Freedom of movement of broadcasts is ensured, pending the coming into 
effect of the Directive on television without frontiers, by the direct 
application of the provisions of the EEC Treaty, in particular Articles 59 
and 62. 
88. The Commission has referred to the Court of Justice the Netherlands' 
insistence that national broadcasting bodies order programmes from a 
specific Dutch company and the restrictions on cable broadcasting of radio 
and television programmes from other Member States that include advertising 
specifically aimed at a Dutch audience. 
89. The first Directives adopted in the telecommunications field are 
reaching their implementation deadlines. The deadline is passed in the 
case of the Directive on mobile telephones, which has been incorporated in 
national law in only two Member States. On 3 October 1989 the Council 
adopted the Directive on television broadcasting activities. 
iv. Capital movements 
90. The coming into effect of the Directives on securities coincided with 
that of the Directive on liberalization of the units issued by UCITS, which 
has been incorporated in national law in all the Member States except 
Portugal, which has been granted a derogation. This is particularly 
important in the context of the work being done on economic and monetary 
union. 
-21-
91. In the field of capital movements (Article 67 et seq. of the EEC 
Treaty), it has proved impossible, because of the deterioration in Greece's 
external position in 1989, to remove a number of restrictions applied by 
Greece under the decision adopted by the Commission in November 198515. 
The Commission therefore extended until 30 June 1990 its authorization to 
apply the remaining restrictions16. Spain and Portugal may also maintain 
a number of restrictions on capital movements until 1990 and 1992 
respectively pursuant to the transitional provisions of the Act of 
Accession. 
92. In response to the judgment given by the Court of Justice on 
3 December 1987 in Case 194/84 on funds blocked in Greece, the Greek 
authorities have adopted a number of measures to honour their obligations. 
The Commission took the view that these measures were not entirely 
satisfactory. The Greek authorities amended the administrative provisions 
in question on 17 March 1988 and 15 March 1989 to take account of the 
Commission's comments, and the basic legislative instrument is to be 
amended in the near future. 
v. Rules applying to businesses 
Company law 
93. In this field, 1989 saw the adoption of a series of implementing 
measures by Member States. Spain implemented the first, second, third, 
fourth, sixth and seventh Directives (68/151/EEC - registration, 77/91/EEC 
- capital, 78/855/EEC - mergers, 78/660/EEC - annual accounts, 82/891/EEC -
divisions, 83/349/EEC - consolidated accounts). France, Denmark, the 
United Kingdom and Greece implemented the eighth Directive (84/253/EEC -
approval of persons responsible for the auditing of accounting documents). 
The United Kingdom also implemented the seventh Directive (83/349/EEC -
consolidated accounts). Portugal implemented the fourth Directive. 
94. The current situation as regards the company law Directives is as 
follows: 
The fourth Directive (78/660/EEC) of 25 July 1978 on the annual accounts of 
certain types of companies still has to be implemented in Italy, and the 
measures taken under Article 171 of the Treaty are being maintained. 
As regards the third and sixth Directives (78/855/EEC of 9 October 1978 on 
mergers and 82/891/EEC of 17 December 1982 on divisions), the Commission 
has initiated proceedings before the Court of Justice against Belgium and 
Italy. 
15 Decision 85/594/EEC, as last amended by Decision 86/600/EEC (OJ L 325, 
29.11.1988). 
16 Decision 89/644/EEC (OJ L 372, 21.12.1989). 
-22-
Infringement proceedings have been commenced against Italy, Ireland, 
Denmark, Belgium and Portugal in respect of the seventh Council Directive 
(83/349/EEC) of 13 June 1983 on consolidated accounts. 
Infringement proceedings have been initiated against Ireland, Italy and the 
Netherlands in respect of the eighth Directive (84/253/EEC) of 
10 April 1984 on the approval of persons responsible for carrying out the 
statutory audits of accounting documents. 
As regards inadequate implementation of the cxampany law Directives by 
Member States, the Commission withdrew the proceeding initiated against the 
Netherlands in respect of the seventh Directive (83/349/EEC) after 
receiving the text of the national instrument in question. On the other 
hand, an infringement proceeding against Germany concerning the seventh 
Directive is continuing. An infringement proceeding against Greece 
concerning the second Directive (77/91/EEC) is continuing, and a proceeding 
has been initiated against Germany in respect of the first Directive 
(68/151/EEC). 
In addition, the Commission investigated complaints regarding the 
acquisition of shareholdings in companies by national s of other Member 
States. Some of these cases (France: St-Gobain, Paribas; United Kingdom: 
British Aerospace, Rolls Royce) have now been resolved. 
95. Council Regulation No 2137/85 on the European Economic Interest 
Grouping (EEIG) was to have effect from 1 July 1989. Seven Member States 
(Germany, the United Kingdom, France, the Netherlands, Belgium, Denmark and 
Ireland.) have taken the measures needed to implement the Regulation, thus 
enabling EEEGs to be set up on their territories. The necessary measures 
are in preparation in the other Member States, so they will presumably be 
adopted soon. 
, InteHeotwvl, property 
96. Council Directive 87/54/EEC of 16 December 1986 on the legal 
protection of topographies of semiconductor products has been incorporated 
in national law by ten Member States; infringement proceedings have been 
commenced against the other two (Belgium and Greece). 
97. Council Directive 85/374/EEC of 25 July 1985 on liability for 
defective products has been incorporated in national law by eight 
Member States; the remaining four (Belgium, France, Ireland and the 
Netherlands) are being proceeded against, as is the United Kingdom (for 
incorrect transposition). 
-23-
2. A PEOPLE'S EUROPE 
97. Most of the measures adopted as part of the implementation of the 
single market directly concern individual citizens in their private or 
working lives. They are first and foremost provisions aimed at 
eliminating discrimination based on nationality or restrictions on the 
right of establishment and freedom to provide services in other Member 
States. However, they also concern the individual's right to import and 
use the product of his or her choice. 
98. This chapter is concerned solely with the first category of 
provisions, but we should not discount the potential impact on the lives of 
individual citizens of measures aimed at: 
- allowing the free importing of pharmaceutical products for 
personal use; 
- increasing the ceiling for duty-free entry (expressed in ecus); 
- liberalizing the purchase and use of television and 
telecommunications equipment. 
a. Free movement of persons 
99. The Commission frequently receives letters from individual citizens 
who complain of disparities between national laws, the fact that certain 
national rules are not readily applicable to people from other Member 
States, and the behaviour of national officials. What all these 
complaints have in common is that they reveal situations - whether of law 
or of fact - which are out of tune with the idea we have of Europe and 
which shock European citizens. 
100. Unfortunately, the Commission is ill equipped to deal with a great 
many of these complaints since they fall within areas in which the 
Community has no powers or has not yet legislated. Consequently, such 
Community legislation as does exist, compliance with which must be 
enforced, is fairly limited except for the ban on discrimination on grounds 
of nationality, provisions regarding entry and residence, and provisions in 
respect of taxation. 
i. Entry and residence 
101. The Directives on residence by Community nationals 
(Directives 68/360, 73/148, 73/34 and 64/221/EEC; see also 
Regulations (EEC) Nos 1612/68 and 1251/70) have been incorporated in 
national law by all the Member States and present no problems in their 
general application. However, the Commission regularly receives 
complaints about individual cases, e.g. one involving Italy (issue of a 
Community residence permit) and another involving Spain (lifting the ban on 
returning to Spain after expulsion). 
-24-
li. The right to gross borders freely 
102. On the other hand, as regards the right to cross borders freely, 
Community law is at present limited to Articles 2 and 3 of Directives 
68/360/EEC and 73/148/EEC; which give Community nationals the right to 
enter and leave the territory of any Member State by simply showing a 
passport or identity card, although these provisions apply subject to 
reasons of public policy, public security or public health. Nevertheless, 
with an eye to the impending elimination of frontier checks, the Commission 
is endeavouring to give them as wide an application as possible. 
103. For example, it has brought an action before the Court of Justice 
against the Netherlands (Case 68/89) because officials responsible for 
checks at the frontier continue to ask travellers questions regarding the 
purpose and duration of their journeys and the amount of money they have. 
The Commission has initiated the Article 169 procedure against Denmark 
because officials continue to stamp passports. 
104. The Commission has also taken action to guarantee the application of 
the provisions of Cammunity law concerning members of the families of 
Community national s who are not themselves nationals of a Member State. 
Community law lays down that visas are to be issued free of charge to such 
persons. In response to representations by the Commission, a number of 
Member States have taken the necessary measures to comply with Community 
law. The Commission has initiated Article 169 proceedings against Italy, 
Germany and Portugal to require them to comply with the obligation to issue 
visas free of charge. 
105. With a view to the establishment of the single market, the freedom 
of movement of persons will have to be reflected in the elimination of all 
current checks at the Community's internal frontiers, whether they be 
checks of persons or checks related to the transporting of luggage and 
personal effects. However, elimination of checks must not result in any 
lessening of security in the fight against narcotics; it has to be a very 
gradual process in line with the development of cooperation between police 
forces and the convergence of policies relating to the right to asylum, 
visas and immigration. The importance of the work being done by the five 
Member States party to the Schengen agreement and by all twelve in the 
ad hoc Immigration Working Party should be emphasized. 
ill. TViaratlrm arri tfrw* njtiyfm 
106. This is a highly sensitive area which triggered action by a large 
number of members of the European Parliament over the past year in response 
to public opinion. 
-25-
107. In its resolution of 14 May 1987 Parliament sharply criticized the 
reductions recently made by Denmark and Ireland in duty-free allowanoes for 
travellers. The Commission took rapid action in both instances and brought 
the matter before the Court of Justice in 1988. Denmark amended the 
legislation in question at the beginning of 1989, thus putting an end to 
the infringement, and the Commission withdrew its application to the Court. 
Ireland, on the other hand, has not yet taken steps to end the infringement 
and the Court's ruling is expected in the near future. 
108. Again in the field of duty-free allowanoes, two further reasoned 
opinions were sent to Denmark, one concerning national provisions 
authorizing the duty-free importing of only 20 litres of fuel per vehicle 
and one concerning the unsatisfactory application of Directive 83/182/EEC 
on tax exemptions within the Community for certain means of transport 
temporarily imported into one Member State from another. A proceeding 
concerning that Directive has likewise been initiated against France. 
109. As regards tax exemptions in connection with the moving of household 
effects (Directive 83/183/EEC), the Commission has cîommenced proceedings 
before the Court against Spain and Greece, which are still not applying the 
Directive correctly. 
110. Another important issue is Cîonopliance by the Member States with the 
"Gaston Schul" judgments on the elimination of double taxation on the 
importation of second-hand goods bought by private individuals. The 
Commission has decided to bring proceedings before the Court against Spain, 
Greece and Italy, which are the only Member States (apart from Portugal) 
not yet complying with the Court's rulings. 
111. Lastly, two reasoned opinions have been sent to Italy under 
Article 171 of the EEC Treaty: Italy has not yet taken measures to 
incorporate in national law Directives 83/181/EEC and 83/183/EBC despite 
the Court's judgments of 24 November 1987 in Cases 124/86 and 125/86. 
iv. Otihex Bfttters: driving llcyavxy? 
112. On 16 November 1989 Ireland introduced the Community-model driving 
licence in accordance with Directive 80/1263/EEC. The United Kingdom 
enacted a statute (in force from 1 April 1990) introducing the 
Community-model licence as follows: on 1 June 1990 for Group A and B 
licences in Great Britain; on 1 October 1990 for C and D licences in Great 
Britain; on 1 January 1991 for all licences in Northern Ireland. The 
Commission has commenced infringement proceedings against Germany 
concerning the practical application of the Directive, especially as 
regards the procedure for exchanging the licences of foreign students 
coming into the country to continue their studies. Discussions are taking 
place with the German authorities, and practical solutions should be found 
-26-
pending the entry into force of a new Directive currently being considered 
by the Council, under which it will no longer be necessary for people 
taking up residence in another Member State to exchange their licences. 
Italy is the only Member State which has not yet taken the steps needed to 
give effect to the current Directive. The draft model licence submitted by 
the Italian authorities is now being finalized and will be introduced 
shortly. 
b. Right Of AgrhAhligTrmgnrh and -rannfriTUrl rm rvP qwall -Pi rati fmff 
113. The right of establishment is laid down differently in the Treaty 
depending on whether wage-earners or members of the professions are 
involved. 
'Ran fin rUgnmlTnlTv^tloi^ 
114. As in the past, the Commission's main concern has been to eliminate, 
in the field of right of establishment and freedom of movement of European 
citizens, discrimination running counter to Articles 7, 52 and 59 of the 
EEC Treaty. 
115. Article 7 prohibits any discrimination on grounds of nationality 
within the Treaty's scope of application. Though they are becoming 
increasingly rare, some national laws still contain discrimination based on 
nationality. 
116. For example, it emerged in connection with the Court of Justice 
ruling of 2 February 1989 in the Cowan case (186/87) that some Member 
States exercise discrimination in their schemes for compensation of the 
victims of acts of violence. The Commission has œmmenoed proceedings 
against the Member States in question. It should be noted, furthermore, 
that the Cowan judgment, by œnfirming that tourists are to be regarded as 
recipients of services and that they thus fall within the scope of 
application of the Treaty, will make possible a more thorough examination 
of discrimination applied to non-residents. 
117. As regards the professions, the Court of Justice on 30 May 1989 
delivered a judgment finding against Greece for prohibiting foreigners from 
engaging in real estate transactions in certain border and coastal areas of 
the country (Case 305/87). The Commission has also applied to the Court in 
three other cases (France - Case 154/89; Italy - Case 180/89; Greece - Case 
198/89), all three involving restrictions on the freedom to provide 
services as tourist guides. At the end of the year there were four oases 
still pending before the Court: the three just mentioned and Case 263/88 
(France - freedom of establishment in the overseas territories). 
27 -
118. The Commission has also cammenced Article 171 proceedings in the 
Court of Justice in respect of Greece's failure to comply with the Court's 
rulings in Cases 147/86 and 38/87 relating to the requirement of Greek 
nationality for access to various regulated occupational activities. It 
withdrew the proceeding concerning the ban on doctors' having a practice 
abroad as well as in France after France complied with the Court's judgment 
in Case 96/85. The Commission continued the proceedings against Greece 
(Case 194/84 on the transfer of capital by residents of other Member 
States; Case 305/87 on the right of establishment in border regions; Case 
47/86 on the freedom to teach) and against Italy (Case 168/85 on 
nationality requirements for guides, journalists and pharmacists). 
119. Finally, the Commission commenced infringement proceedings against 
Italy for non-recognition of diplomas in physiotherapy and osteopathy and 
the requirement of Italian nationality for access to certain activities and 
against France for non-recognition of diplomas in physiotherapy, pedicure 
and pedology. 
120. Among the cases dealt with by the Court of Justice in 1989, mention 
should be made of the following: 
the judgment given on 2 February in Case 186/87, in which the Court 
ruled that the principle of non-discrimination, as set out in 
particular in Article 7 of the EEC Treaty, must be interpreted as 
prohibiting a Member State from requiring that persons entitled under 
Community law to enter its territory, notably as recipients of 
services, be holders of a resident's permit or national s of countries 
with which the Member State has concluded a reciprocal agreement, if 
they are to receive compensation from the State for harm caused as 
the result of an assault; 
the judgment given on 30 May in Case 305/87, which prohibits the 
Greek authorities from maintaining in their legislation 
<±lscriminatory provisions applying to nationals of other 
Member States in respect of legal transactions relating to immovable 
property in border regions; 
the judgment given on 27 September in Case 130/88, which clarifies 
the interpretation in Directive 64/427/EBC of 7 July 1964 (on the 
freedom of movement of self-employed persons in manufacturing and 
processing industries) of the expression "that the activitY in 
question has been pursued in another Member State for [a specified 
number of] consecutive years". 
-28-
ii. ym ITOffifrfflOnfT 
121. As regards the incorporation in national law of Directives adopted 
under Article 57 of the Treaty with a view to ensuring the freedom of 
movement of persons exercising certain professions (doctors, nurses 
responsible for general care, dentists, midwives, lawyers, hairdressers, 
services incidental to transport, veterinary surgeons, architects and 
pharmacists), the Commission had to commence proceedings in the Court of 
Justice against four Member States (Spain, midwives, Case 313/89; Italy, 
full-time and part-time training for medical specialists, Case 236/89; 
Greece, services incidental to transport, Case 306/89; France, lawyers, 
Case 294/89). 
122. The number of infringements involving the non-c«mmunication or 
non-conformity of national implementing measures has increased 
considerably. They concern the Directives on pharmacists (proceedings 
initiated against Belgium, Germany, Italy and Luxembourg), the Directive on 
specific training in general medicine (Denmark, Germany, France and Italy) 
and the Directives on architects (Belgium, Germany, Greece, Italy, Ireland, 
Luxembourg and Spain). 
123. This increase in the number of proceedings is attributable to the 
fact that the deadlines for implementation of the Directives in question 
have only recently been reached and to delays in the generally fairly 
cumbersome legislative procedures of several Member States. However, some 
of them have informed the Commission that the measures implementing the 
Directives have been adopted, so that, after examining their content, the 
Commission may be able to withdraw a number of the proceedings. The 
Commission hopes that the three Directives mentioned above will soon be 
incorporated in the national law of all the Member States. It is none the 
less a cause for concern that several of the Member States have not taken 
measures empowering the executive to effect incorporation without having to 
resort to the inevitablY slow legislative process, all the more so as the 
national authorities often take the opportunity of incorporation to settle 
other problems, unrelated to Community law, which fall within the scope of 
the legislature. 
C. Brnjaoyment «nrï «no/tal policy 
124. With particular reference to Regulations (EEC) Nos 1408/71 and 
574/72 on the application of social security schemes to migrant workers, 
the Commission brought an action before the Court against France 
(Case 307/89) concerning refusal to grant supplementary benefit under the 
Fonds national de solidarité scheme to nationals of Member States with 
which France has no reciprocal agreement. Three other cases concerning 
France (236/88, 371/88) and Belgium (185/88) are still before the Court. 
-29-
125. Two reasoned opinions were sent to the Netherlands and Germany 
concerning national provisions under which family allowanoes in respect of 
children who have finished their studies are payable only if they are 
registered at Dutch and German employment exchanges respectively. In this 
same field reasoned opinions were sent to Belgium and France œncerning 
national provisions whereby sickness insurance contributions are withheld 
from supplementary retirement benefits of people residing in another 
Member State in which they receive health care at public expense. A 
reasoned opinion was sent to the Netherlands concerning the refusal to 
grant Dutch family allowances to people residing in Belgium who are 
entitled to a rxitch early retirement allowance; and another was sent to 
Belgium concerning national provisions under which pertain social security 
benefits are payable only if those entitled were resident in Belgium before 
the date of entitlement. 
126. Again in the field of social security for migrant workers, three 
cases involving France were settled to the Commission's satisfaction and 
were therefore withdrawn. 
127. As regards Article 48 of the Treaty and Regulation (EEC) No 1612/68 
on freedom of movement of workers within the Community, the Court of 
Justice gave judgment against Germany in Case 249/86, ruling that by 
adopting and retaining provisions which make renewal of the residence 
permit of members of the family of migrant workers conditional on their 
living in appropriate housing, not only at the time when they install 
themselves with the migrant worker concerned but for the entire duration of 
their residence, Germany was in breach of Community law. A reasoned 
opinion was addressed to Germany concerning national income tax provisions 
which ended the tax benefits in respect of children or other members of the 
family of workers residing abroad. A reasoned opinion was sent to Belgium 
concerning discrimination on grounds of nationality in the matter of 
taxation of supplementary insurance contributions. Another case 
concerning Germany was terminated. 
128. Lastly, in respect of Article 48(4) of the Treaty, concerning 
employment in the public service, the Commission began a detailed 
examination of legislation in all the Member States foUowing the 
memorandum it published on 18 March 1988 (OJ C 72, p. 2). This exercise, 
which has now been completed, showed that there are many instances of 
employment in the public service being subject to a nationality requirement 
contrary to Article 48(4) as interpreted by the Court of Justice. In the 
light of its analysis, the Commission, taking account of the importance and 
complexity of the issue and after reassessing all the aspects involved, 
decided in October to continue its regular practice and to commence general 
infringement proceedings under Article 169 of the Treaty in the course of 
1990 against all Member States concerned and in priority areas where 
infringements were found to exist (i.e. education, non-military research, 
health services, bodies operating a public service on commercial lines). 
-30-
129. With regard to failure to communicate national measures to implement 
directives, the Commission terminated three infringement proceedings 
against Greece, Luxembourg and the Netherlands and withdrew three actions 
in the Court of Justice against the Netherlands, Belgium and Ireland in the 
field of health and safety at work. On the other hand, letters of formal 
notice were sent in seven new cases of failure to communicate national 
measures implementing Directive 88/35/EEC on electrical equipment for use 
in explosive atmospheres. Proceedings were initiated before the Court 
against Italy for failure to incorporate in national law 
Directive 83/477/EEC on the protection of workers exposed to asbestos, and 
a case is still pending in the Court against Italy for failure to 
incorporate in national law Directive 82/605/EEC on the protection of 
workers exposed to metallic lead. 
130. Finally, the Commission is particularly concerned by the fact that 
Italy has still not transposed into national law Directive 75/129/EEC on 
collective redundancies despite the two judgments given by the Court of 
Justice on 8 June 1982 and 6 November 1985 in Cases 91/81 and 131/84 
respectively. 
d. Consumer protection 
131. In the administrative field, 1989 saw the establishment within the 
Commission of a separate department specifically responsible for consumer 
policy. This is likely to intensify the attention given to the application 
of Community law in this area. 
132. Generally, it should be noted that consumer interests are also taken 
into account in other areas of Community activity, notably freedom of 
movement of goods and services, agricultural and food regulations, and 
competition. With more particular regard to the monitoring of the 
application of directives specifically adopted to protect consumer 
interests, numerous infringement proceedings have been initiated against 
various Member States: 
as regards Directive 84/450/EEC on misleading advertising, the Court 
found against Belgium on 16 November and against Greece on 
6 December 1989 for failure to transpose into national law; an action 
cxDncerning the like failure on the part of Italy is also before the 
Court; 
as regards Directive 85/577/EEC on contracts negotiated away from 
business premises, the Commission has been able to terminate 
infringement proceedings involving France, Ireland and the 
Netherlands, but not those involving Belgium, Greece and Italy, where 
the transposition situation cannot be regarded as satisfactory. 
-31-
133. The Commission continues to receive complaints concerning 
Member States' application of Community law designed to protect the 
consumer. Apart from cases of failure to transpose into national law, or 
cases where transposition is incorrectly done, a fair number of complaints 
relate to misapplication (misconstruction) of the law in proceedings before 
the national courts. It is often difficult for Commission staff to follow 
up complaints of this kind, and the desired outcome cannot always be 
achieved because of the complexity of the Community procedures involved. 
It would be best if people made more effort to exhaust the remedies 
available under national law and if the national courts made full use of 
the opportunity to refer to the Court of Justice for preliminary rulings 
under Article 171 of the Treaty. This is becoming an increasingly 
important means of ensuring real harmonization in areas already regulated 
by Community instruments. 
-32-
B. QIHER qjESTIQHa 
1. Statistics 
134. With respect to statistics, a Member State is required to supply 
figures at given intervals in a given statistical field and in acxxjrdance 
with a pre-established procedure. 
135. Infringements in this area are specifically due to the fact that the 
requirement to supply figures at stated intervals is seldom correctly 
fulfilled. As a rule, the few infringements noted often concern failure to 
provide data on time. 
136. The infringement referred to in the preceding report has still not 
been brought to an end by the Member State concerned. Italy is still in 
breach of its obligation under Council Directive 78/546/EEC on the carriage 
of goods by road. New proceedings have been brought against Italy for its 
failure to implement a judgment of the Court. Since Italy had not 
rectified the omission, the Commission was obliged to bring an action 
before the Court of Justice (Case 266/89). In 1989 the Commission examined 
three other cases concerning Italy which have reached the reasoned opinion 
stage. These infringements are in the area of agricultural statistics. 
2. CcCTffunjty siaff 
137. On the question of the transfer of pension rights, the Netherlands 
has adopted legislation enabling such transfers to be made and has notified 
the Commission of the transferable amounts. The Commission, however, was 
not satisfied with the calculation of these amounts and a new infringement 
proceeding was commenced in July 1989. 
138. With respect to Belgium, a new draft bill on the question is 
currently under examination by the Commission. Agreement should be reached 
after negotiations. 
139. With respect to the aggregation of family allowances, the Commission 
is continuing its discussions with the German authorities on the 
implementation of the Court of Justice judgment of 7 July 1987, 
particularly with respect to the amounts to be reimbursed by Germany. 
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140. In the field of social security, the Commission has delivered a 
reasoned opinion with respect to France on the deduction of health 
insurance contributions from the national pension of a retired Community 
official. 
141. The proceeding initiated against Portugal on account of the 
difficulties encountered in connection with duty-free importation of motor 
vehicles by former Commission staff was closed following changes to 
Portuguese legislation. A proceeding against Denmark on the same ground 
was still being considered at the end of the year. 
142. In December 1989 the Commission sent a reasoned opinion to the 
Belgian authorities concerning their refusal to permit a Community official 
of Belgian nationality appointed to iAncembourg to enjoy temporary exemption 
from VAT on a motor car purchased in Belgium. 
3. IMgftt 
143. Following the judgment by the Court of Justice in Case 68/88, Greece 
paid the Commission the agricultural levies with default interest which 
were due on consignments of maize imported from a non-member country. In 
Case 96/89 the Commission had asked the Court to order the Netherlands to 
pay agricultural levies (with default interest) which had not been 
collected when consignments of manioc imported from a non-member country 
without export certificates were released to the market subject to a 
preferential levy of 6%. 
144. To recover VAT own resources (and default interest) not paid on 
account of infringements of Directive 77/388/EEC and Regulation (EEC) 
No 2892/77, as amended, the Commission delivered reasoned opinions in 
respect of France, Ireland and the United Kingdom, while it commenced 
proceedings in the Court of Justice against Germany and France. In this 
field, the Commission terminated two infringement proceedings since the 
Member States concerned (Ireland and Italy) paid the VAT resources and the 
default interest due. 
145. With respect to default interest due in the case of late payment of 
own resources, the Commission brought two cases of infringement 
(Cases 239/89 and 270/89) to the Court of Justice. Both these cases 
concerned Italy, which has now made the requisite payments, and the actions 
have been withdrawn. 
-34-
146. The Court of Justice delivered judgment in another case of late 
payment of own resources caused by accounting errors œnœrning customs 
duty. This case also concerned Italy, which has not yet given effect to 
the judgment (Case 54/87). 
147. Finally, the Commission terminated an infringement proceeding 
concerning a case of late payment of customs duties (phased olearance) by 
Italy after the Court gave judgment (Case 373/88) and the payment was made. 
4. Rrrrironmenji, 
148. In 1989 there was again increased awareness of the state of the 
environment in most Member States, accentuated by the European elections. 
At the same time, individuals have noticed that application of 
environmental law, including Community environment law, leaves much to be 
desired. This is the cause of the growing number of complaints sent to the 
Commission. In 1985 there were 35, and in 1988 there were 190 (excluding 
complaints in the consumer sector). The complaints have now doubled to 
reach the figure of 465 in 1989. The number of cases brought to light by 
the Commission's own investigations also increased. 
149. Most of the complaints concern inadequate application of existing 
law. Although often it is not difficult to establish the facts, the number 
of cases is increasing where an on-the-spot visit, an analysis by an 
independent laboratory or measurement of the pollution would be useful. 
On-the-spot visits must be limited to exceptional cases, because there are 
not enough staff and the Commission does not have mobile measuring stations 
to enable it to measure the pollution of the environment or analyse the 
samples. 
150. In 1988 Parliament adopted three resolutions on monitoring the 
application of environmental law relating to water,17 air18 and the 
protection of habitats.19 In 1989 the Commission started to follow up 
these resolutions. 
151. During the year the Court dismissed an application from the 
Commission for the adoption of an interim measure to halt provisionally 
work on the construction of a dyke in a wild birds' habitat. The Court 
decided that the Commission had not shown the urgency of the matter, given 
that the work was already well under way and would not be continued until 
1991. This decision was the first environmental case in which the 
Commission had made application for an interim measure. The Court will 
probably deliver judgment on the substance in 1990. 
17 OJ C 94, 11.4. 1988, p.155. 
18 OJ C 94, 11.4. 1988, p. 151. 
19 OJ C 290, 14.11. 1988, p. 137. 
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152. With regard to the implementation of the Court's decisions, the 
judgments on the protection of birds delivered in 1987 and 1988 against 
Germany, the Netherlands, Italy, Belgium and France have not had the 
desired effects. In addition, Belgium, which the Court had found against 
for the second time in 1988 for its failure to implement fully the 
directives on waste, has still not adopted all the necessary measures. The 
Commission has therefore complained of Belgium's behaviour at a meeting of 
the Council. 
153. As in previous years, the incorporation of environmental directives 
into national law was delayed in most Member States. The Commission notes, 
however, that the Netherlands has speeded up its internal decision-making 
process considerably and has transposed Community directives within the 
time limit set. The Commission would point out that failure to give effect 
to a Community directive limiting polluting emissions constitutes, in 
economic terms, a subsidy for the industries concerned. 
154. Partial conformity of national legislation to Community 
environmental measures continues to create problems when Member States 
deliberately abstain from giving effect to environmental directives, in 
order to avoid clean-up measures in particular. In such cases, the -
Commission attaches special importance to initiating infringement 
proceedings. 
155. Several Member States have taken advantage of the terras of the 
Directive on drinking water authorizing exemptions in certain clearly 
defined cdrcumstances. This Directive, adopted in 1980 and due to come 
into effect in 1982, extended the time limit to 1985 to enable Member 
States to bring their drinking water into line with Community provisions. 
Nevertheless, at the end of 1989 most of the Member States had not achieved 
this objective, and clean-up measures had not been undertaken with 
sufficient determination. 
156. In 1989 the Commission's main work was again to monitor the 
application of Community environmental provisions. The difficulty referred 
to in the preceding report regarding the formulation and implementation of 
remedial plans or programmes persists. Some Member States seem to be 
unaware of the fact that they are under a legal obligation to introduce 
such programmes. 
157. Most of the complaints about directives lodged with the Commission 
concern the Directives on the quality of drinking water (80/778/EEC), the 
assessment of the effects of certain public and private projects on the 
environment (85/337/EEC) and the conservation of wild birds (79/409/EEC). 
-36-
158. The complaints concerning the first two directives in particular 
showed that citizens understand that their environment is in danger and 
that what they themselves do may help to protect, preserve and improve it. 
TMg awareness was also evident in the European elections, and it is an 
encouraging sign that the man in the street is taking an active part in the 
debate on the protection of the environment at Community level. 
5. 
159. With respect to the adjustment of state monopolies, Commission 
activities have mainly been directed to the aspects summarized below. 
160. To take the monopolies in petroleum products first: 
With regard to the Greek monopoly, in addition to the infringement 
noted at point 160 of the preceding report, the Commission has 
instituted proceedings œncerning the rules on cxmrpulsory storage, 
Act 1769/88 being regarded as discriminating against imported 
products and therefore incompatible with Articles 30 and 37 of the 
EEC Treaty. 
The Commission also decided to continue the infringement proceeding 
against Portugal for failure to adjust its monopoly in accordance 
with Article 208 of the Act of Accession. Other contested points 
concern the management of quotas (contrary to Article 30) and the 
system of prices and taxation applied to petroleum products (contrary 
to Article 95). 
With respect to the Spanish monopoly, on which the Spanish Government 
undertook to comply with the reasoned opinion, the Commission has 
noted that certain positive steps have been taken in the mean time. 
The Commission is keeping a close eye on the development of the 
parallel network of service stations. It is to be supplied solely 
with imported products, enabling operators outside the monopoly to 
have access to the retail motor vehicle fuel market on objective and 
non-discriminatory terms. 
161. As regards other monopolies: 
After serving notice on the Portuguese Government to present its 
comments on its failure to adjust its monopoly in alcohol, the 
Commission decided to issue a reasoned opinion in this case too. 
On the other hand, the Commission decided to terminate the 
infringement proceeding against the French potassium fertilizers 
monopoly in the light of the measures adopted in the mean time by the 
French Government and published in France's journal officiel on 
29 November 1988. 
Lastly, the Commission decided to terminate the infringement 
proceeding against the Spanish monopoly in manufactured tobacco 
products. In the light of the Spanish Government's observations, the 
-37-
Commission has accepted that the basic provisions enacted so far 
provide an adequate regulatory framework to ensure, during the 
transitional period, that products imported under quotas from the 
other Member States can be marketed, and that the Spanish Government 
is not required to adopt any further implementing measures. 
162. As regards public undertakings as referred in Article 90 of the EEC 
Treaty, note should be taken of the following cases: 
With respect to Commission Directive 88/301/EEC of 16 May 1988 
(OJ L 131, 27.5.1988) on competition in the markets in 
telecommunications terminal equipment, after examining national 
legislation in this field for consistency with the Directive the 
Commission decided to commence infringement proceedings against a 
number of Member States (Belgium, Denmark, Germany, Ireland and 
Spain). 
With respect to the insurance of public property and loans granted by 
state-owned banks in Greece, the Commission took the view that Greece 
had in fact failed to honour its obligations under Article 171 of the 
EEC Treaty, and initiated a further infringement proceeding, issuing 
a reasoned opinion. 
6. Agriculture 
163. Infringements of specific market organization measures intended to 
achieve the objectives laid down in Article 39 of the EEC Treaty are of two 
kinds: either there is delay in applying Community rules (which have to be 
applied promptly if they are to attain the effects desired by Community 
legislation), or they are implemented incorrectly. 
164. The Commission initiated Article 169 proceedings with respect to 
delays in the implementation by Denmark of the set-aside scheme for arable 
land, a computerized register of olive-growing data in Italy and Greece, 
and the adoption of measures providing for penalties to be applied for 
infringements of the olive oil production aid scheme in France. 
165. In response to action by the Commission, Italy finally adopted the 
necessary measures to apply the supplementary milk levy scheme. 
166. Incorrect application of Ctammunity rules affected the operation of 
the common organizations of the following markets: 
-38-
cereals and olive oil, in Greece, by reason of state measures 
relating to Community prices or the hwying-in of cereals which do not 
meet the criteria laid down in the Cominunity rules and, in the meat 
sector, by restricting supplies of intervention beef for welfare 
institutions and bodies to the union of stock-raising cooperatives 
(Ktinotrofiki); 
fruit and vegetables, olive oil, poultry and pigmeat farming, in 
Italy, owing to the continuing absence of quality controls to ensure 
observance of quality standards for fruit and vegetables, to 
discrimination against olive oil producers who are not members of 
cooperatives, and through the award of unlawful aids in the pigmeat 
and poultry sectors; the Italian authorities have repealed provisions 
impeding the import of concentrated butter; 
wine, in Germany, through the failure to adopt national legislation 
imposing penalties in cases of non-observance of the obligation to 
deliver wine for compulsory distillation, through the ban on the use 
of rectified concentrated grape must in the preparation of local 
wines and quality wines psr, and, lastly, the illegal increase in the 
minimum natural alcoholic strength of Moselle wine; the last two 
measures, however, were repealed by the new German wine-growing law 
of 30 June 1989; 
wine, in Portugal, owing to the incorrect application (e.g. failure 
to lay down supplementary conditions) of the Community rules on 
premiums for grubbing up areas under vines; it should be noted that 
the Portuguese authorities complied with this requirement in 1989; 
milk and milk products, failure to collect the supplementary levy 
(Belgium, Germany, Italy and Luxembourg); in France, by the 
allocation of individual quotas which did not respect the right of 
producers affected by the disasters in 1983 (reference year) to have 
their normal production in 1981 or 1982 taken fully into account; in 
1989 the producers thus affected will still not be assured the 
individual quotas to which they are entitled under the rules. 
167. As regards harmonization, the fields covered are: plant health rules, 
seeds and plants, animal feed and veterinary law. 
168. In 1989 the Commission initiated 90 new infringement proceedings 
under Article 169 for failure to inform the Commission of national measures 
to implement directives in the above-mentioned fields. 
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169. Although the number of proceedings commenced levelled off after the 
considerable increase in 1988, the number of directives giving rise to a 
reasoned opinion fell in 1989 (to 27). Cases concerning five agricultural 
directives were referred to the Court in 1989. 
170. As for Member States' compliance with Court judgments concerning 
failure to transpose agricultural directives, the Commission delivered 
three reasoned opinions in respect of Italy, which has omitted to take 
steps to give effect to three judgments. 
171. As far as the characteristic features of the infringements committed 
by the Member States are concerned, most of the observations contained in 
previous reports are still valid. The absence of any significant changes 
in this regard makes it pointless to repeat them. 
172. In its last report, the Commission drew attention to the worrying 
failure by Italy to comply with the judgment of the Court of Justice in 
Case 69/86, in which the Court found against Italy under Article 171 for 
failing to comply with its judgment in Case 322/82, holding that Italy was 
infringing the rules governing the monitoring of quality standards in 
regard to fruit and vegetables. This observation remains valid, since, 
despite the Commission's many representations, Italy has still not complied 
with the two rulings. The Commission must denounce such conduct as 
detrimental to the proper functioning of the Community, which is founded on 
respect for the law. 
7. wg^rtftg 
173. With regard to Community arrangements for the conservation and 
management of fish stocks, in 1989 the Commission pursued infringement 
proceedings against the Member States which fail to apply satisfactorily 
Community rules in this area and where monitoring of compliance with these 
measures is inadequate. 
174. The Commission has continued to take action where catch quotas are 
exceeded. A proceeding initiated in respect of Belgium (overfishing in 
1986) was terminated when the national authorities concurred with the 
Commission's reasoned opinion. Reasoned opinions were delivered in this 
connection to the Netherlands (overfishing in 1987) and the United Kingdom 
(overfishing in 1987). Cases of overfishing noted in 1985 and 1986 by 
France were referred to the Court. And the Commission decided to refer the 
case concerning overfishing in 1985 and 1986 by the United Kingdom. The 
case brought against the Netherlands in 1987 on the question of overfishing 
in 1983, 1984 and 1985 was decided by the Court on 5 October 1989 
(Case 290/87), and that against France for overfishing in 1985 on 20 March 
(Case 62/89). 
-40-
175. Proceedings regarding Irish legislation which makes the granting of 
fishing licences subject to a nationality requirement (Case 93/89) and the 
British legislation making the granting of flag rights to vessels subject 
to a nationality requirement (Case 246/89) were brought in 1989. By an 
interim order made on 10 October the Court ordered the United Kingdom to 
suspend application of the nationality requirement with regard to the 
registration of vessels fishing under the British flag on the eve of the 
implementation of the legislation. References for preliminary rulings on 
this issue were made to the Court by national courts (Cases 213/89 
and 221/89). The Commission brought an action concerning British 
legislation which incorporates in fishing licences nationality and 
residence requirements relating to the composition of the crew 
(Case 279/89). It also commenced proceedings against Ireland (Case 280/89) 
concerning provisions intended to exclude British vessels from Irish 
waters unless they had obtained a fishing licence in accordance with the 
conditions challenged in Case 279/89. 
176. Similar legislation imposing nationality and residence requirements 
for the granting of licences and/or flag rights to fishing vessels are the 
subject of proceedings under Article 169 that were decided in 1989 in 
respect of all the Member States concerned. 
177. The Commission published a communication in the Official Journal 
(OJ C 224, 31.8.1989) on a Community framework for access to fishing 
quotas, which Member States may apply if they wish, establishing guidelines 
and limits which will make it possible, while fully observing Community 
law, for management of fishing quotas to reconcile the fundamental 
principles of the Treaty and the objectives of the common fisheries policy. 
178. The Commission continues to monitor Member States' compliance with 
the inspection procedures for fisheries activities at sea and on land 
covered by Community regulation. 
The case brought against France in 1988 (Case 64/88) is still pending 
before the Court of Justice. 
A reasoned opinion concerning failure to cooperate in connection with 
an infringement and inspection of fish landings was transmitted to 
the Spanish authorities. 
Another case concerning Spain, in respect of a breach of the 
requirement to record catches of species subject to TACs or quotas in 
ICES divisions outside Community fishing areas, has been referred to 
the Court of Justice. 
-41-
179. The Commission terminated the proceeding against Portugal concerning 
the requirement to monitor and inspect fisheries activities on land, since 
the inspection mission revealed a gradual improvement in the situation and 
considerable efforts by the Portuguese authorities to end the infringement. 
180. In the context of the common organization of markets, there was no 
need to commence new proceedings. The cases concerning Italy, Ireland and 
Greece are still before the Court. 
181. The application made by the Netherlands in 1987, seeking the 
annulment of Ctammlsslon Décision 87/368/EEC, was dismissed (Case 262/87). 
Giving judgment on 2 February 1989, the Court confirmed the Commission's 
powers to note Member States' failures to comply with fisheries 
requirements when clearing EAGGF accounts. 
182. Lastly, as in the past, the Commission insists that each Member 
State must notify it beforehand of any national measures it adopts on 
fisheries in accordance with the procedures and by the time limits laid 
down. In this connection the Commission referred to the Court a case 
concerning an extension of United Kingdom territorial waters entailing 
restrictions on the specific rights of fishermen from other Member States 
laid down in the Act of Accession and the basic Regulation (EEC) No 170/83 
(Case 146/89). 
8. Traiyqy>rt 
183. Italy has still not complied with the Court judgments concerning its 
failure to incorporate into national law three directives on admission to 
the occupations of road haulage operator and road passenger transport 
operator and the mutual recognition of qualifications for these 
occupations. At the Commission's request, Mr Van Miert approached the 
Italian Government in mid-November in an attempt to break the deadlock in 
these cases. 
184. On the other hand, there is hope that proceedings at present under 
way in the Court against Greece for failure to incorporate the same three 
directives can be terminated in the near future. Greece has notified the 
national implementing measures to comply with these requirements, and they 
are currently being scrutinized by the Commission. 
185. The Court judgment of 24 May 1988 requiring Belgium to incorporate 
Directive 82/714/EEC on technical requirements for inland waterway vessels 
has still not been complied with. The Commission is pursuing its 
infringement proceeding. 
186. The United Kingdom has presented to the Commission a revised draft 
amendment to the Air Navigation Order to give effect to the provisions of 
Directives 83/416/EEC and 86/216/EEC concerning inter-regional air 
services. 
-42-
187. One of the air transport liberalization measures referred to in the 
White Paper is Council Directive 87/601/EEC on fares for scheduled air 
services between Member States, whose provisions were to have been 
transposed into national law by 31 December 1987. In 1989 a certain amount 
of progress was made: six Member States are applying the Directive in 
full, and four others have presented proposals to the Commission, which 
endorsed them. The Commission is continuing to press for the application 
of the Directive in all the Member States in 1990. 
188. Despite efforts by the Commission, Italy and France have not yet 
adopted the national, legislation needed to comply fully with the common 
rules on the carrying of goods by road for hire. At the end of 1989 the 
Commission decided to bring Court proceedings against Italy for the total 
absence of measures to incorporate the directive in question. At the same 
time, the Commission sent the French Government a reasoned opinion on its 
failure to apply certain measures laid down in the directive. On the other 
hand, the rules relating to authorization for the carriage of goods by road 
laid down in Directive 85/505/EEC (coupled combinations of vehicles) have 
now been given effect in all the Member States. The same is true of 
Directive 86/364/EEC on the weights and dimensions of certain road 
vehicles. 
189. Most of the Member States concerned by the Directive on admission to 
the occupation of waterway goods transport operator have not adopted the 
necessary measures to comply with it, despite the fact that the deadline 
was 30 June 1988. The position is different with regard to 
Directive 88/599/EEC aimed at establishing minimum conditions for 
monitoring the correct and uniform application of the regulations 
concerning social legislation and recording equipment in road transport, 
which should have been incorporated in national, legislation by 1 January 
1989. By the end of 1989 seven Member States had implemented it (one 
partially) and three others had drafted bill s to that effect. The 
Commission is actively pursuing its efforts to achieve general application 
of these two directives. 
190. As expected in the previous report, it has been possible to withdraw 
the infringement proceeding against Portugal on preference accorded the 
carriage of goods by vessels flying the national flag. As a result of 
cooperation between the Commission and the Portuguese authorities, in 
February 1989 the latter adopted a decree-law to bring the legislation into 
line with Regulation (EEC) No 4055/86 applying the principle of freedom to 
provide services to maritime transport. 
191. Another proceeding brought to a successful close concerned France's 
refusal to renew authorizations for charter flights carried out by the 
Belgian company Sobelair between Brussels and the French Antilles on the 
grounds that a limit of 20% of French passengers laid down by the French 
Government had been exceeded. The French Government recognized that once 
authorization to carry out charter flights on its territory had been given 
-43-
no discriminatory conditions regarding the nationality of the passengers 
carried could be imposed by the national authorities. 
9. flv»rgy 
192. Despite the action taken with a view to completing the internal 
market and securing compliance with the rules of competition, the following 
points need to be mentioned: 
Having brought a case against Belgium to the Court in July 1988 for 
failure to transmit statistical information concerning prices of 
crude oil and petroleum products, the Commission withdrew and the 
case was closed in July 1988. In the second half of 1988 the Belgian 
authorities again ceased to transmit the information and the 
Commission decided to commence further proceedings in March 1989; it 
was decided to make the application for referral to the Court in 
July 1989. 
With respect to the implementation of directives concerning the 
performance of heat generators, the Commission is continuing its 
comparative assessment of national implementing measures. This 
should be ready in 1990. 
The legislation of seven Member States (Denmark, Germany, Greece, 
Ireland, Luxembourg, Spain and the United Kingdom) conforms to the 
Directive on the utilization of substitute fuels. In the case of an 
eighth Member State (France), the Commission is examining the 
measures incorporating the Directive into national law. With regard 
to the other countries, the Commission is continuing its scrutiny of 
presumed infringements. 
10. External relations 
193. In the external relations field, two of the three reasoned opinions 
issued in 1989 - against Greece and the Netherlands - concerned delays in 
notification and failure to communicate cooperation agreements with 
non-member countries. Before the Commission sent the Member States a 
memorandum on this issue, there had been numerous cases of failure to 
satisfy the procedural and substantive obligations deriving from 
Article 113 and from Decision 74/393/EEC (see third annual report, 1985). 
The third opinion related to administrative measures whereby the Greek 
authorities had barred imports of matches from Bulgaria and Sweden, and to 
the authorities' refusal to supply the Commission with the texts of the 
measures in question. In another connection, in 1989 the Commission was 
able to withdraw the infringement proceeding against France on account of 
the obstacles placed in the way of imports of fertilizers from Hungary. 
The Commission plans to present to the Council a proposal to amend 
Regulation (EEC) No 3420/83. 
-44-
li. Development cooperation 
194. In this field, the Commission's main purpose in monitoring the 
application of Community law is to ensure the observance by the Member 
States of various protocols concluded under the Lomé Convention and 
Community instruments deriving from certain international commodity 
195. The Commission has closely watched the problems associated with 
three Member States having deposited instruments of ratification of the 
International Cocoa Agreement unilaterally rather than in conjunction with 
the Community. 
196. With respect to the infringement proceedings initiated against 
France, Italy and Portugal, the last two were terminated following 
explanations provided by the respective governments: they accepted the 
Commission's view that no Member State may deposit an instrument of 
ratification before the Community instrument concluding the agreement has 
been deposited. 
N' I 
Infringement proceedings initiated since 1982, classified by stage of proceedings and Member State 
B 
D 
DK 
EL 
1 i 
E 
F 
IRL 
I 
L 
NL 
P 
UK 
Total Letter of formal notice 
1912 
27 
26 
16 
8 
— 
68 
30 
66 
)C 
32 
— 
32 
335 mj 
34 
16 
13 
26 
— 
55 
16 
69 
24 
16 
— 
20 
289 1914 
55 
36 
21 
60 
— 
92 
33 191$ 
68 
29 
27 
69 
— 
93 
33 
67 70 
-
28 
28 
— 
34 
454 37 
48 
— 
29 
503 I9H 
56 
40 
26 
106 
22 
69 
44 
61 
4) 
30 
2 
37 
516 1917 
55 
65 
36 
77 
32 
66 
46 
73 
26 
41 
II 
44 
572 1988 
52 
58 
29 
64 
31 
58 
41 
107 
36 
Ul 
18 
33 
569 19*9 
6Î 
W 
5k 
BZ 
5i 
62 
«6 
WO 
ib 
5? 
16 
3? 
b(>k Reasoned opinion 
1912 
18 
15 
10 
2 
33 
17 
34 
8 
16 
4 
157 1983 
8 
8 
3 
4 
21 
6 
21 
2 
3 
7 
83 1984 
17 
13 
3 
27 
29 
12 
26 
6 
5 
10 
148 1915 
37 
17 
4 
30 
36 
10 
61 
16 
II 
II 
233 ,1916 
25 
17 
3 
24 
30 
8 
31 
12 
9 
5 
164 1987 
28 
17 
6 
28 
8 
29 
24 
27 
10 
II 
9 
197 1988 
23 
24 
6 
32 
11 
27 
10 
52 
8 
12 
7 
15 
227 19H? 
IB 
\2 
4 
»? 
6 
1? 
M 
S3 
? 
10 
5 
ii 
180 Reference to the Court of Justice 
1912 
9 
4 
1 
— 
8 
3 
14 
3 
2 
2 
45 1913 
4 
4 
3 
2 
12 
1 
12 
— 
3 
1 
42 1984 
4 
7 
1 
4 
14 
3 
12 
3 
2 
4 
54 1915 
23 
9 
2 
10 
14 
9 
31 
6 
4 
5 
... 1916 
15 
II 
1 
II 
8 
2 
18 
4 
— 
1 
71 1917 
7 
1 
— 
II 
1 
8 
3 
21 
2 
4 
2 
61 1988 
10 
8 
3 
It 
1 
10 
8 
14 
2 
3 
— 
73 \9S9 
14 
h 
i 
(0 
5 
e 
2 
"55 
6 
5 
1 
5 
96 
& 
vJ» 
Em 
CZ3 
/ / /\ 1985 
1986 
1987 
1988 
I9Ô9 
9-fl 
Customs un 
and indire 
taxation ion 
ct TV 2 
lumber of letters of formal notice, 1985 to 1989, classified by sector 
// 
// 
// / / 
// 
// 
f 
V , 
/ 
/ 
I' 
A 
t 
/ 
Internal market 
and 
industrial 
affairs CM IN 
= .'« . lO -J 
ZD 
Employment and 
social affairs Transport Agriculture Environment and 
consumer 
protection Other sectors Total 
\ 
1985 AT J 
Jumber of reasoned opinions, 1985 to 1989, classified by sector 
: 
, SA 1986 
1987 
1988 
1W 
Customs un 
and indire 
taxation ion 
ct UA 
Internal market 
and 
industrial 
affairs Employment 
and social 
affairs Transport Agriculture Envi 
cons 
prot ronment and 
umer 
ection Other sectors Total 
1985 
Lfe^l 1986 N* 4 
Number of references to the Court of Justice, 1985 to 1989, classified by sector 
'f'O 1987 
1988 
19*99 
f 
m 'A 
Customs 
and indi 
taxation union-
rect m 
1 
I Internal market 
and industrial 
affairs Employment and 
social affairs Transport Agriculture Environment and 
consumer 
protection 5» 7? 
/A 
>A 
Other sectors Total 'A 
'/ 
'/ 
'/ 
'/ 
'/ 
'/ 
'/ vl 
A / 
', // 
'/ 
// 
'. 
// 
'A 
'A 
s , 
/A 
-C 
I 
No 5 
Infringement proceedinqs initiated since 1981, classified by stage of proceedings and sector 
No 6 
Infringement proceedings initiated since 1981, classified by sector and legal basis 
-Ç4-
^Number of infringement proceedings initiated since 1982, classified by legal basis and stage .of 
proceedings 
•-• Treaties and Reg 
- Directives 
Formal notice 
t*B6 \tB8 I98f 
Reasoned opinion 
p e. T e r e n r P r :. 
Judgment 
*• 8 
^.Number.of infringement proceedings initiated since 1986, classified by Member State, legal basis and stage of proceedings 
Member 
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B 
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the .. infringe 
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FN 
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FN 
RO 
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FN 
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RCJ 
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3» 
13 
6 
14 
8 
2 
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1 
63 
7 
4 
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19 
II 
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31 
10 
8 
26 
6 
2 
35 
10 
J 
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4 
— 
13 
1 Not j Pr°perK i lncbrptt 
4 
3 
2 
6 
1 
4 
2 
6 
— 
9 
4 
2 
8 
4 
2 
3 
2 
2 
1 
2 
—~ 
7 
1 
1 Not * prorierL/ 1 applied 
2 
1 
2 
1 
1 
7 
6 
13 
6 
2 
1 
2 
4 
2 
-mmm 
5 
2 Treaties and Regul­ations 
7 
8 
5 
15 
7 
7 
7 
1 
36 
15 
6 
21 
34 
9 
3 
9 
II 
6 
7 
2 
2 
4 
9 
1 
— 
12 
1 IH/ 
Dw#tV»r» 
No 
neasures totif îef 
22 
12 
4 
23 
2 
22 
1 
46 
13 
3 
21 
19 
7 
2 
29 
9 
1 
32 
14 
9 
IS 
7 
2 
22 
4 
) 
20 
2 
1 Not properly Incorptf 
6 
1 
5 
4 
1 
1 
5 
1 
— 
9 
6 
5 
1 
— 
1 
1 
1 
— 
4 
2 Not , 
iPr?îîEiJ 
D 
4 
1 
21 
2 
10 
2 
8 
10 
J 
1 
12 
4 
3 
5 
8 
1 
19 
4 
5 
6 
6 
1 
5 
10 
Î 
1 Treaties 
ReguT ations 
14 
22 
26 
II 
17 
12 
y 
10 
3 1988 
Dir*ni«t« 
No measures notified 
30 
5 
4 
21 
4 
1 
20 
37 
12 
, 5 
— 
22 
27 
53 
17 
28 
22 
— 
16 
1 |Not 
properlv 
incorpta 4 
5 
3 
2 
3 
1 
1 
2 
6 
• 2 
3 
1 
5 
1 
3 
4 
2 
6 
7 
2 
2 
1 
4 
1 
1 
3 
-6 Not , 
12 
12 
11 
19 
— 
23 
19 
j Treaties n„and Regul­ations • 
U 
7 
3 
16 
6 
2 
2 
3 
1 
14 
11 
7 
15 
6 
1 
16 . 
11 
5 
? 
1 
25 
9 
6 
3 
1 
10 
4 
1 
13 
4 
5 
5 if» 
&r*<4fo* 
No measures notifiée 
M" 6 
h 
19 
i 
zi 
6 
1 
13 
2.1 
1 
SI 
kl 
16 
d 
26 
S 
5 
32 
3 
1 
t 
21 
3 •Not , properly, ineorptâ 
z 
i 
5 
1 
i 
1 
2. 
I 
u 
1 
1 
1 
l 
1 
3 
1 
. 3 
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3 
:" 
i Not . 
properly 
applied 
12 
3 
16 
Z 
8 t 
1 
ri 
6 
2 
i 
II 
6 
. 1 
6 
4 
m 
14 
4 
i 
'1 
i 
12 
1 
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Dcan9 ^gul-
îtions 
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7 
16 
3 
1 
u 
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7 
5 
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16 
13 
10 
7 
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5 
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0 
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1 - FN = Formal Notice 
RO = Reasoned Opinion 
RCJ = Reference to the Court of Justice l 
N* 9 
References to Court and judgments since 1982 
Sector 
Administrative 
questions 
Internal market and 
industrial affairs 
Economic and 
financial policy 
State monopolies and 
competition 
Fludflrt Member 
State 
B 
D 
r 
L 
NL 
B 
D 
DK 
F 
UK 
CR 
1 
IRL 
L 
NL 
E 
PO 
GR 
F 
1 
GR 
B 
D 
UK 
1 
NL 
GR 
F Reference to the Court 
198? 1983 190 
3 
1 
4 
1 
6 
2 
2 
1 
1 2 
4 
1 
2" 
3 
1 
I 1 
1 1 2 
9" 
1 
i 
3 
1 
1 ' 
1 4 198 
3 
1 
1 
1 
3 
1 
3 
2" 
6 
2 
3 
1 
1 
1 •1986 1987 198» 1989 
I 
? 
I 
5 
4 
1 
? 
1 
4 
1 
2 1 
1 
3 
1 
4 
1 
1 
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1 1 
1 
1 
1 3 
1 
4 
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1 
1 
1 
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A 
3 
A Judgment for the Commission 
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1 
1 
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1 
1 
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1 
1 
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1 
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1 
1 
1 
1 no; 
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i 
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i 
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3 1988 
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2 
5 
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. 1 1989 
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3 
L 
. A 
A Judgment for the Member State 
198? 1983 I98< 
1 
1 1 . 198 [1986 
1 
2 1987 
1 1988 198Ç : 
i 
i 
i 
\ 
I 
Sector 
Development 
Financial control 
Free movement of persons 
and freedom to provide 
services 
1 
Environment and consumer-
protection 
i 
Agriculture Member 
State 
GR 
GR 
D 
D 
DK 
GR 
1 
1 
IKI. 
L 
Nl. 
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E 
n 
i) 
i 
L 
Nl. 
DK 
P 
GR 
IRL 
V 
UK 
E 
D 
h 
1 
-TRT 
UK 
R 
GR 
L 
NL | • 
Reference to the Court 
198 
- •• 
1 
? 
1 
5 
r*— ? 108 
3 
1 
? 
3 
? 1 198 
1 
1 
1 
1 
2 
3 
1 
1 
1 
1 
4 
3 
1 l 198 
I 
5 
2 
1 
1 
1 
) 
2 
S 
1 
1 
1 
3 
? 
1 
1 
3 
7 
7 
1 
? 
1 I98fi 
1 
3 
1 
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1 
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1 
2 
1 
3 
1 
i 
1 
1 
6 
1 
1 1981 
2 
7 
1 
1 
1 
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1 
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1 
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1 1989 
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i 
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1 1981 
1 198' 
1 
3 
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1 198 
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1 
1 
1 .198' 
1 
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1 
1 
1 190? 
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1 
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7 
1 
6 1088 
1 
1 
4 
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1 
3 
1 
' 
3 
-19B9 
A 
A 
A 
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A 
i 
4 
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A Judgment for the Member State i 
lift? 1981 
... . 
1 1981 198^ 
\ 1986 
2 1987 
1 
1 1988 
1 1 
1989i 
. - l i 
. __ i 
i 
<1 
A 
A 
Sector 
Transport 
Statistics 
Fisheries 
Customs union 
Financial institutions 
External relations Member 
State 
B 
r 
UK 
1 
IRL 
Nl 
r,R 
B 
1 
OR 
r 
! 
ux 
IRL 
NL 
E 
n 
DK 
[ 
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1 
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198 
1 
1 
1 
1 
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1 
1 
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1 
1 
1 
1 
1 
1 
1 
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1 
1 
? 
1 
1 
1 
1 
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-' 198 
3 
1 
1 
1 
1 
1 fi 198 
1 
1 
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1 
1 
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2 
1 
1 
1 
1 
1 
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198 
\ 
1 
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1 
1 ? 198 
1 
1 
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1 
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1 3 198 
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- 57 -
No 10 
COURT OF JUSTICE JUDGMENTS DELIVERED UP TO 31 DECEMBER 1989 NOT COMPLIED WITH 
1. Coses where the Commission has been Informed that measures ore being token (to end December 1989) 
GERMANY 
4.12.1986 Case 205/84 Community co-insurance The German authorities have announced 
provisional administrative measures to ensure 
compliance pending legislation implementing the 
second non-life insurance Directive (88/357/EEC) 
(A/83/126) 
4.12.1986 Case 179/85 
12.3.1987 Case 178/84 Bottling of péti11ont de raisin 
Ban on the sale of beers not 
made from malted barley Legislative amendment in progress 
(A/183/83) 
Pending the Commission's decision on 
the draft order submitted by Germany, 
beers from other Member States are 
provisionally allowed in (cf. Finance 
Ministry circular of 
29 September 1988). They must 
nevertheless have a label affixed to 
them showing their alcoholic strength and 
indicating the category to which they 
belong under German law ("Schankbier", 
etc.). Only the additives generally 
permitted in all foodstuffs may be 
used, otherwise prior authorization 
is needed. The Commission has 
reservations about the draft order, 
particularly as regards the labelling 
requirement. The Court's judgment has 
not been fully complied with (A/82/5) Fresh infringement proceedings 
Fresh infringement proceedings 
V 
7.5.1987 Case 189/85 Overlapping family allowances - 58 -
The Commission is continuing discussions with 
the German authorities on compliance with the 
Court's ruling, in particular as regards sums to 
be repaid by the Federal Republic (A/83/65) Fresh infringement proceedings 
25.2.1988 Case 427/85 Lawyers: freedom to provide 
services The German authorities have forwarded a Bi11 
implementing the Court's ruling; it is due to 
be passed into law very shortly 
(A/83/56) Fresh infringement proceedings 
(A/89/367) 
2.2.1989 Case 274/87 Problems affecting imports of 
pate The German Government has indicated that it will 
amend its legislation when transposing Council 
Directive 88/658/EEC of 14.12.1988 amending 
Directive 77/99/EEC on health problems affecting 
intra-Community trade in meat products. In the 
mean time the Lander inspection authorities have 
been asked to check that products imported from 
other Member States are correctly labelled. 
(A/85/500) Fresh infringement proceedings 
BELGIUM 
2.12.1986 Case 239/85 Toxic waste The region of WalIonia has adopted regulations 
transposing the Directive but has made no 
provision for practical implementing 
arrangements (A/83/169) Fresh infringement proceedings 
3.10.1989 Case 383/85 Transfer of pension rights - 59 -
A draft Bill on this matter is being examined by 
the Commission. Subsequent negotiations should 
produce an agreement with the Belgian 
authorities. 
(A/84/303) 
DENMARK 
4.12.1986 Case 252/83 Community co-insurance Legislative amendments have been forwarded and 
are being examined by Commission departments 
(A/82/57) 
FRANCE 
4.12.1986 Case 220/83 Community co-insurance The Commission has been informed that 
provisional administrative measures are being 
applied to comply with the Court's ruling 
pending legislative action planned in 
conjunction with measures to implement Directive 
88/357/EEC (second non-life insurance 
Directive), due for 1.1.1990. (A/81/265) 
25.10.1988 Case 312/86 Equal treatment; access to 
employment The Commission has learned informally that the 
French authorities are preparing a proposal to 
amend the offending Article. As the Commission 
had not been notified by the French authorities, 
a telex was sent on 11 July 1989. No reply has 
been received. (A/85/144) Fresh infringement proceedings 
GREECE 
12.3.1987 Case 176/84 
IRELAND 
4.12.1986 Case 206/84 - 60 -
Provisions laying down that only Formal adoption of the new rules is 
malt-based beers may be sold expected (A/82/4) 
Community co-insurance Ireland has adopted provisional measures which 
have yet to be passed into law. (A/83/127) Fresh infringement proceedings 
ITALY 
8.6.1982 Case 91/81 Collective redundancies (A/78/045) 
15.11.1983 Case 322/82 
15.3.1983 Case 745/82 Fruit and vegetables quality 
control (A/81/177) 
Proprietary medicinal products (A/88/314) At the end of 1988 the Italian 
Senate passed a Bill transposing, 
among other things, the 
provisions of the Directive in 
question. The Bill still has to 
be approved by the Chamber of 
Deputies. The Court delivered a 
second judgment on 16.11.1985 in 
Case 131/84. (A/83/102) 
The Court gave a second ruling on 
12.2.1987 (Case 69/86) in an 
action brought under Article 171. 
Q> 
9.6.1988 Case 56/87 Prices of pharmaceutical 
products - 61 -
On 21.7.1989 the Italian authorities gave notice 
that the Finance Act (No 67) of 11.3.1988 
requires the ministries responsible to propose a 
new method for determining the prices of 
pharmaceutical products to the interministériel 
committee on prices and that under the new 
procedure the provisions condemned by the Court 
of Justice will be rescinded. (A/85/28) Fresh infringement proceedings 
28.6.1988 Case 3/86 Flat-rate reimbursement of 
farmers, beef and pigmeat The 1989 Tax Act incorporated measures amending 
the tax arrangements which the Court of Justice 
found to be unlawful. Technically, the 
amendments give rise to difficulties in 
calculating the costs actually incurred by 
farmers subject to VAT on a flat-rate basis 
(A/81/262) Fresh infringement proceedings 
(A/89/663) 
12.7.1988 Case 322/86 Quality of fresh waters capable 
of supporting fish life On 22.12.1988 the Italian authorities announced 
that a draft Bill for a decree-law was being 
drawn up. (A/85/071) Fresh infringement proceedings 
TTs 
2.2.1989 Case 22/87 Protection of employees in the 
event of their employer's 
insolvency - 62 -
By letter of 11 September 1989 the Italian 
Republic forwarded the text of a draft Bill to 
implement Directive 80/987/EEC. According to 
the Italian authorities (13.11.1989) the Bill 
has not yet been adopted by Parliament. 
(A/85/118) Fresh infringement proceedings 
NETHERLANDS 
13.10.1987 Case 236/85 Wild birds On 6.9.1988 the Dutch authorities announced that 
a Bi 11 on flora and fauna (Flora- en Faunawet) 
was in preparation. (A/84/125) Fresh infringement proceedings. 
On 5.7.1989 the Commission 
decided to send a reasoned 
opinion (A/89/0060) 
UNITED KINGDOM 
8.11.1983 Case 165/82 Equal treatment of men and 
women as regards access to 
employment The UK authorities have adopted certain 
measures, notifying them on 15 December 1986. 
These are acceptable on the whole, although one 
point is still undergoing scrutiny. The situation 
seems to be satisfactory, however, and it should 
be possible to terminate the proceedings shortly 
(A/80/131) Fresh infringement proceedings 
(A/85/260) 
^3 
- 63 -
2. Other coses (to end Januorv 1989) 
GERMANY 
14.2.1984 Case 325/82 
17.9.1987 Case 412/85 
25.2.1988 Case 427/85 
11.5.1989 Case 76/86 
18.5.1989 Case 249/86 
28.11.1989 Case 186/88 
BELGIUM 
19.10.1981 Case 137/80 
2.2.1983 Cases 68 to 
71/81 Exemptions from turnover tax 
and excise duties on imports 
(butter-buying cruises) 
Wild birds 
Lawyers; freedom to provide 
services 
Ban on the marketing of milk 
subst itutes 
Concept of normal housing 
conditions 
Health controls in 
intra-Community trade in 
animals, meat and food 
preparations 
Transfer of pension rights 
Failure to transpose four 
environmental directives: 
titanium dioxide waste (A/84/119) 
(A/83/56) 
(A/84/354) 
(A/84/336) 
(A/87/281) 
(A/87/7) 
(A/79/098, A/78/102, A/79/094, A/79/135) Fresh Infringement proceedings 
(A/85/320) 
Fresh Infringement proceedings. 
On 5.7.1989 the Commission 
decided to send a reasoned 
opinion. (A/89/48) 
Fresh infringement proceedings 
(A/89/367) 
Fresh infringement proceedings 
The Court delivered a second 
ruling on 3.10.1989 
(Cose 383/85).(A/84/303) 
The Court delivered a second 
judgment on 14 January 1988 
(Cases 227 to 230/85 (A/84/169 
to 172)) 
12.2.1987 Case 390/85 
17.6.1987 Case 1/86 
8.7.1987 Case 247/85 
24.5.1988 Case 307/86 
21.6.1988 Case 283/86 
27.9.1988 Case 42/87 
11.5.1989 Case 46/88 
15.5.1989 Case 52/88 
16.11.1989 Case 360/88 Securities 
Protection of groundwater 
against pollution 
Wild birds 
Technical requirements for 
inland waterway vessels - 64 -
(A/84/9 to 11) 
The Royal Order of 17 September 1987 is 
not considered satisfactory by the 
Commission (A/84/291) 
(A/84/118) 
(A/85/202) 
Services incidental to transport (A/85/123) 
Discrimination in respect of (A/85/435) 
public financing: higher 
education not of university 
level 
Divisions and mergers of public (A/86/129) 
limited liability companies 
Restrictions on the use of (A/85/447) 
edible gelatine 
Misleading advertising (A/86/488) Fresh infringement proceedings. 
The Commission has decided to 
send a reasoned opinion. 
(A/89/167 to 169) 
Fresh infringement proceedings 
(A/88/291) 
Fresh infringement proceedings 
Fresh infringement proceedings. 
On 20.12.1989 the Commission 
decided to send a reasoned 
opinion (A/89/356) 
Fresh infringement proceedings 
(A/89/355) 
Fresh infringement proceedings 
Fresh infringement proceedings 
^ 
^ 
- 65 -
FRANCE 
3.6.1986 Case 307/84 Discrimination against foreign 
nurses in access to public 
hospitals 
27.4.1988 Case 252/85 
30.6.1988 Case 318/86 Wild birds 
Equal treatment of men and women 
as regards access to employment The requirement that a person must be 
of French nationality if he is to be 
appointed a nurse in a public hospital, 
as laid down, at the time the action 
was brought, in Article 809 of the 
Public Health Code (repealed in 
January 1986), was reintroduced 
into the Law of July 1983 (new general 
staff regulations of officials, which apply 
also to hospital staff) which has not been 
amended since in this respect. 
The Commission's departments have 
written to the French authorities with 
a view to ensuring compliance with the 
judgment. No reply has been forthcoming 
(A/82/324) 
(A/84/121) 
The national rules authorizing separate 
recruitment according to sex for 
appointment to various civil service 
corps hove not been amended, but there 
is no evidence to suggest that, since the 
judgment, government departments have in 
general continued to recruit men and 
women separately.1 Fresh infringement proceedings. 
On 20.12.1989 the Commission 
decided to send a reasoned 
opinion (A/89/350) 
Two competitions (one external and the other Internal) for the recruitment of police inspectors, to be held at the beginning of March 1989, 
were announced in the Revue de la Préfecture de Police de Paris: in the external competition notice, 44 posts ore advertised, including 
11 for women, and in the internal competition notice 20 posts art advertised (including 5 for women). This proves that, despite the 
judgment, the system of separate recruitment has been maintained for access to the corps of police inspectors. 
- 66 -
13.7.1988 Case 169/87 Retail selling price of tobacco 
products The Commission's departments wrote to 
the French authorities on 1 December 1988 
with a view to ensuring compliance with 
the judgment. A reminder telex was sent on 
21.3.1989. No reply has been forthcoming. 
(A/84/312) 
(A/85/271) 
GREECE 
3.12.1987 Case 194/84 
15.3.1988 Case 147/86 
30.6.1988 Case 226/87 
14.7.1988 Case 38/87 Refusal to authorize transfer 
of funds in blocked accounts 
belonging to EC residents 
Teaching ban 
Insurance of public property (A/83/39) 
(A/84/388) Fresh action brought before 
the Court (Case 38/87) 
(A/85/265) 
(A/86/111) 
Requiring of Greek nationality (A/85/264) 
for access to the professions of (A/85/265) 
- Iowyer 
- architect, civil engineer and 
surveyor Fresh infringement proceedings 
for partial failure to implement 
the judgment (A/88/480) 
Fresh infringement proceedings (A/89/165) 
Fresh infringement proceedings. The 
Commission has decided to send a reasoned 
opinion (A/89/047) 
Fresh infringement proceedings 
The Commission has decided to send a 
reasoned opinion. (A/89/165) 
<7V 
15.11.1988 Case 229/87 
30.5.1989 Case 305/87 
6.12.1989 Case 328/88 
ITALY 
10.11.1981 Case 28/81 
10.11.1981 Case 29/81 
11.10.1983 Case 273/82 
11.7.1985 Case 101/84 
20.3.1986 Case 17/85 Bank charge for checking the 
prices of imported goods 
Legislation on border regions 
Misleading advertising - 67 
(A/86/229) 
(A/84/182) 
(A/86/499) 
Admission to the occupation of (A/79/085) 
road haulage operator 
Admission to the occupation of (A/79/113) 
road passenger transport 
operator 
Recognition of qualifications of (A/80/41) 
goods haulage and road 
passenger transport operators 
Statistics on domestic goods (A/82/74) 
carried by road 
Annual accounts of companies (A/82/306) Fresh infringement proceedings 
Fresh infringement proceedings 
The Court delivered a second 
judgment on 5.11.1986 (Case 160/85) 
(A/83/175) 
The Court delivered a second 
judgment on 5.11.1986 (Case 160/85) 
(A/83/176) 
Fresh infringement proceedings 
(Case 71/88) (A/85/17) 
Fresh action brought before the Court 
(Case 266/89) (A/88/216) 
Fresh infringement proceedings. The 
Commission has decided to send a reasoned 
opinion (A/88/433) 
- 68 -
30.4.1986 Case 158/85 
12.7.1986 Case 235/84 
15.10.1986 Case 168/85 
27.1.1987 Case 275/85 
29.1.1987 Case 364/85 Export procedures for Community (A/83/162) 
goods (A/83/168) 
Employees' rights in the event 
of transfer of businesses (A/82/24) 
Nationality requirements (A/84/036) 
(tourist guides, journalists, 
licensed pharmacists) 
Release of imported goods in (A/84/183) 
stages 
Tuberculosis and brucellosis (A/83/256) 
Swine fever (A/83/258) The Commission has decided to 
bring a fresh action before the 
Court (A/87/503 - A/87/502) 
Fresh proceedings, for 
infringement of Article 171 of 
the EEC Treaty: failure to comply 
with the Court's findings on the 
Commission's second claim 
(absence of domestic legislation 
requiring employers to inform and 
consult workers affected by a 
transfer). On 20.12.1989 the 
Commission decided to bring a 
fresh action before the Court. 
(A/87/462) 
Fresh infringement proceedings 
(A/88/373) 
Fresh infringement proceedings. 
On 31.5.1989 the Commission 
decided to send a reasoned 
opinion (A/88/240) 
Fresh infringement proceedings. 
On 5.7.1989 the Commission 
decided to send a reasoned 
opinion (A/88/453 - A/88/454) 
12.2.1987 Case 69/86 Fruit and vegetables quality 
control Judgment given in action brought under 
Article 171. 
- 69 -
10.3.1987 Case 386/85 
7.5.1987 Case 184/85 
7.7.1987 Case 49/86 
8.7.1987 Case 262/85 
24.11.1987 Case 124/86 
25.11.1987 Case 125/86 Swine fever 
Consumption tax on bananas 
Mutual recognition of 
doctors' qualifications 
Wild birds 
Tax exemptions for permanent 
imports of personal property 
Exemption from VAT on final 
importation of certain goods (A/83/259) 
The tax is still being charged both on bananas 
originating in the Community and on those 
originating in non-member countries and in free 
circulation in the Community (A/83/136) 
(A/84/6) 
(A/84/124) 
(A/84/421) 
(A/84/422) Fresh Infringement proceedings 
(A/88/456) 
Fresh action brought before the 
Court (Case 380/89 - A/88/300) 
Fresh action brought before the 
Court (Case 236/89 - A/88/112) 
Fresh infringement proceedings. 
On 5.7.1989 the Commission 
decided to send a reasoned 
opinion (A/89/49) 
Fresh infringement proceedings 
(A/88/446) 
Fresh infringement proceedings 
(A/88/445) 
2.3.1988 Case 309/86 
3.3.1988 Case 116/86 Non-Ionic and anionic 
surfactants 
Bruce Ilosis (A/84/378) 
(A/84/379) 
(A/84/316) Fresh infringement proceedings 
On 20.12.1989 the Commission 
decided to send a reasoned 
opinion (A/89/202 and/203) 
Fresh infringement proceedings 
On 5.7.1989 the Commission 
decided to send a reasoned 
opinion (A/88/463) 
ON 
24.3.1988 Cose 104/86 
24.5.1988 Case 122/87 
21.6.1988 Case 257/86 
12.7.1988 Case 310/86 
12.7.1988 Case 326/87 
2.2.1989 Case 353/87 
21.2.1989 Case 203/87 
27.4.1989 Case 324/87 
30.5.1989 Case 340/87 
11.7.1989 Case 323/87 
5.12.1989 Case 3/88 Rules of evidence making it 
impossible to secure 
repayment of national charges 
having an effect equivalent to 
customs duties 
Exemption from VAT of the 
services provided by 
veterinary surgeons - 70 
(A/84/438) 
(A/85/209) 
Importation of medical samples (A/84/188) 
Services incidental to transport The Commission's staff are looking 
into the situation in Italy 
(A/85/126) 
Thermometers (A/86/199) 
Movable tangible property (A/86/37) 
Extension of VAT exemption for (A/86/68) 
earthquakes 
Fresh meat (A/85/349) 
Charges for services rendered (A/86/114) 
during certain opening hours at 
customs offices 
Excise duty on rum (A/86/83) 
Development of computer systems (A/85/446) 
limited to Italian companies in 
public or State ownership Fresh infringement proceedings 
(A/89/357) 
Fresh Infringement proceedings 
(A/89/429) 
Fresh Infringement proceedings 
(A/89/428) 
Fresh Infringement proceedings 
(A/89/362) 
Fresh infringement proceedings 
Fresh infringement proceedings 
(A/89/664) 
Fresh infringement proceedings 
(A/89/540) 
Fresh infringement proceedings 
Fresh infringement proceedings 
<S^ 
- 71 -
NETHERLANDS 
26.3.1987 Cose 235/85 
17.9.1987 Case 291/84 Tax status of notaries and 
sheriffs' officers 
Protection of groundwater 
31.5.1989 Case 43/88 (A/83/153) 
(A/83/71) Fresh infringement proceedings. 
On 29.11.1989 the Commission 
decided to send a reasoned 
opinion (A/88/337) 
Fresh infringement proceedings. 
On 5.7.1989 the Commission 
decided to send a reasoned 
opinion (A/88/532) 
Compulsory affiliation of 
exporters of agricultural 
products to a supervisory agency (A/86/137) 
V 
-V 
-72-
NO 11 
KEVOTOF SICNIFIGANT JTJJXMEOTS OP NAIKWAL COORrS OP FINAL INSTANCE 
1. As observed by the Commission in its previous reports, the reviews of 
national court judgments available to it show that the courts and tribunals 
of the Member States do in general apply Gooraraunity law. 
2. First, as regards Article 177 of the Treaty, in 1989 the national courts 
continued to refer to the Court of Justice for preliminary rulings in cases 
where difficulty arose concerning the interpretation of a given Ccamomunity 
rule or the validity of a Community instrument. 
Between 1 January and 31 December 1989 the Court was asked to give 139 
preliminary rulings. This is lower than the total of 179 references 
recorded in 1988, but quite close to the 1987 figure of 144. 
The table below, which provides a breakdown of references by State and by 
type of court, reveals considerable disparities between the Member States 
as regards the application of Article 177. However, in contrast with 
1988, when no request for a preliininary ruling was received from Greece, 
Ireland or Portugal, in 1989 requests were received from all the Member 
States. 
Belgium 
Denmark 
France 
Germany 
Greeoe 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
United Kingdom -73-
Total references 
13 (32)* 
2 (4) 
28 (37) 
47 (34) 
2 (-) 
1 (-) 
10 (28) 
1 (2) 
18 (25) 
1 (-) 
2 (1) 
14 (16) References by 
courts of final 
instance 
- (1) 
1 (2) 
1 (4) 
22 (8) 
- (-) 
1 (-) 
1 (-) 
1 (2) 
15 (16) 
- (-) 
- (-) 
2 (2) 
* 1988 figures in brackets 
3. In analysing the rulings of the highest national courts for the purposes 
of this report, the Commission has been greatly assisted by the 
documentation produced by the Court of Justice of the European Communities. 
The Court's documentation departments have devised a system for monitoring 
all judgments and decisions of the courts in the Member States which relate 
to the application of Community rules or make reference to them. 
Analysis of the judgments referred to below leads to the conclusion that 
over the years Community law has continued to have a real impact on 
domestic legal systems. The last traces of resistance to the actual 
principle of the primacy of Community law are vanishing, and awareness of 
the need to apply Ctaranunity rules, irrespective of the nature of the 
proceedings or the stage they have reached, is increasing. 
-74-
4. Clearly, this does not mean that the national courts have applied 
Community law correctly in every case. And it should be pointed out that 
while the systematic consultation of databases containing the judgments of 
national courts does make it possible to identify decisions involving the 
application of Community law - whether correot or incorrect - it does not 
lend itself to identifying judgments where no mention is made of a 
particular Community rule which should have been applied. 
That said, the Commission's analysis has shown no instance of national 
supreme courts having given judgments inconsistent with Community law. 
5. In last year's report, reference was made to an infringement proceeding 
brought against France concerning a judgment by the Cour de Cassation 
upholding a lower court's ruling which was contrary to Ctooonmunity rules. 
This case is likely to be settled shortly following discussions between the 
French authorities and the Commission. 
6. The following judgments by national supreme courts are noteworthy 
examples of the application of tonmunity law in the Member States. 
CONSEIL D'ETAT (FRANCE) 
Decision of 20 October 1989 - ELcolQ. - 108423 
As stated by the Commission in its appendix ("The attitude of national 
supreme courts to Community law") to the sixth annual report to Parliament, 
one of the last remaining major difficulties encountered in the application 
of Community law by national courts of- final instance lay in the refusal of 
France's Conseil d'Etat to recognize the primacy of Community rules over 
subsequent national law. 
-75-
The Conseil d'Etat (the supreme administrative court) maintained the 
position set out in its decision of 1 March 1968 in Syndicat General des 
Fabricants de Semoules de France: it was not for it to rule on the validity 
of a law in relation to any other legal act, so laws inconsistent with 
Community rules which had entered into force at an earlier date were to be 
applied. 
Again recently, the Conseil d'Etat ruled that a party could not validly 
niacin that the judgment challenged ignored the terms of Articles 30 and 34 
of the Treaty of Rome, because it had been delivered on the strength of the 
Act of 21 July 1983, i.e. after the entry into force of the said Treaty 
(Decision of 27 April 1988, Société BP™^ f^-r^tr, No 63712). 
It should be borne in mind, however, that the Conseil d'Etat's holding 
related only to statutes (so not to legislation in the form of regulations) 
and, moreover, only to statutes enacted after the pertinent Community 
legislation. It should also be borne in mind that, as early as 1975, the 
Cour de Cassation, which is the supreme court in the judicial, hierarchy, 
had acknowledged the primacy of the EEC Treaty over national law, even 
where the latter had been enacted after the Treaty. 
This is the background against which the Conseil d'Etat delivered its 
ELcolû decision on 20 October 1989, whereby it decided to examine the 
compatibility of rules defined by an Act of 7 July 1977 with Article 277(1) 
of the Treaty establishing the European Economic Community. 
An action was brought before the court seeking to have the elections to the 
European Parliament of 10 June 1989 declared void on the grounds that they 
had been vitiated by the participation of French nationals from the 
overseas departments and territories and by the inclusion of a number of 
such nationals in the lists of candidates. 
-76^ 
In HifmiasrtTTg the action, the Conseil d'Etat quoted the terms of Article 
227(1) of the Treaty of 25 March 1957 establishing the European Eoonomio 
Community ("This Treaty shall apply to ... the French Republio ... ") and 
stated that the rules at issue, as defined by the Act of 7 July 1977, which 
stipulate that "the overseas departments and territories shall form part of 
the single electoral constituency" are not inoonsl stent with the 
unambiguous terms of Article 227(1) of the Treaty. 
TM« decision constitutes a major reversal on a principle of fundamental 
relevance to the application of Community law. 
It needs to be said, however, that the decision relates to the priiaacy of 
the Treaty itself, which in the case in point was all that was at issue. 
It is to be hoped, none the less, that the Conseil d'Etat will take the 
same view in respect of secondary legislation and acknowledge the primacy 
of Community directives and regulations over subsequent national 
legislation. 
Lastly, it is interesting to note that earlier in the year (on 3 February) 
the Conseil d'Etat, in its AHfa.Ha. judgment, had established the 
possibility of challenging the legality of a regulatory measure beyond the 
time limit for appeal on grounds of misuse of power and without any 
objection of illegality being raised by recognizing the right to bring an 
action asking the court to find against the administration for failure to 
adopt, within the time allowed, the amendments to the regulations which are 
required in order to ensure the application of Community directives. 
HXTSE OF LORDS (UNITED KDOXH) 
Judgment of 18 May 1989 - FfVTtortfltme ™^1trfl1 
Under a hitherto sacrosanct rule of common law, the courts may not, for the 
purposes of interim protection, grant interim injunctions against the 
Crown. 
-77-
In a judgment delivered on 10 March 1989, the Queen's Bench Divisional 
Court, to which application had been made to have that part of the Merchant 
Shipping Act 1988 which imposes strict conditions on the registration of 
fishing vessels as British vessels declared incompatible with Ctooonmunity 
law, referred to the Court of Justice for a preliminary ruling on the 
substantive issues and granted an injunction disapplying the operation of 
the legal provisions challenged pending the outcome of the reference. This 
injunction was set aside by the Court of Appeal. 
On 18 May the House of Lords, to which the case had been appealed as the 
court of final instance, ruled that as a matter of English law there was no 
jurisdiction to grant interim relief against the Crown. But it also 
adjourned further consideration of the appeal and made its own separate 
reference to the Court of Justice for a preliininary ruling on the question 
whether Community law either obliges the national court or gives it power 
to grant interim protection of rights claimed under Community law having 
direct effect in national law with respect to a national measure which, if 
applied, would automatically deprive the party cxjncerned of the rights 
claimed. 
This important decision opens up the possibility of a break with the 
principle whereby courts may not grant interim protection of rights claimed 
by suspending the operation of a national measure adopted by central 
government. 
The Commission will propose to the Court of Justice that it reply to the 
reference in the following terms: the obligation laid upon national courts 
to apply Community law having direct effect and to protect the rights which 
it confers on individuals includes the obligation to consider whether 
interim protection of rights claimed against the authorities has to be 
granted in order to prevent irremediable damage being suffered and to grant 
such interim relief as may be appropriate. 
-78-
OCKJR DE CASSATION. CHAMBRE COMMERCIALE (FRANCE) 
10 July 1989 - Bodson y Société des Pompes Fonàbrofi - Mo 85.10.727 
In a judgment given on 10 July 1989 the Chambre Commerciale of the Cour de 
Cassation overruled an appeal court's interim order prohibiting a firm from 
engaging in any activity forming part of "external services" for funerals 
on the grounds that an exclusive concession had been granted by a local 
authority to another firm. 
The higher court held that it was for the court below to ascertain whether 
the situation at issue was manifestly unlawful under Article 86 of the EEC 
Treaty by seeking to determine whether the firm holding the concession 
occupied a dominant position and had abused that position, and that the 
court making an interim order could not refer this task to the court 
deal 1 ng with the substance of the case. 
The value of this decision must be seen in the light of the major 
developments which have taken place in France as regards the 
procédure de référé, which makes it possible to obtain a very rapid but 
interim judicial decision in cases where the obligation invoked cannot be 
seriously challenged or where a manifestly unlawful situation hag to be 
brought to an end. 
The judgment of the Cour de Cassation signalled to the court that had made 
the interim order that, although it was not deliberating on the substance 
of the case, it was responsible for determining whether the legal situation 
before it was iiicompatihle with Community law and, if so, for ending the 
manifestly unlawful situation constituted by such an infringement. 
-79-
CXJNbTlTUTlONAL COURT (IïALï) 
Judgment No 389 of 11 July 1989 
This judgment is of interest first because it follows on from the judgment 
given by the Court of Justice on 14 January 1988 in Case 63/86 
Commission ^ T-haiy [1988] EGR 29, and second because it affords the 
Constitutional Court an opportunity to clarify its rulings in the matter of 
the relationship between Community law having a direct effect and national 
law. 
In Case 63/86 the Court of Justice declared that Italian legislation 
restricting the right to purchase or lease subsidized housing and to obtain 
reduced-rate mortgage loans to Italian nationals was iiKîomrpatihle with 
Articles 52 and 59 of the EEC Treaty. 
To comply with the Court of Justice's judgment, the Italian Government 
adopted a special measure making it clear to the regions and autonomous 
provinces, which have exclusive powers in this field, that they are obliged 
to treat all Community national s equally. This resulted in a conflict of 
jurisdiction which was raised before the Constitutional Court by the 
autonomous province of Bolzano. 
The Constitutional Court adopts a clear position on a number of points. 
While confirming its previous rulings finding that a Community provision 
having direct effect must be applied in accordance with the interpretation 
given by the Court of Justice under Article 177 of the EEC Treaty, the 
Constitutional Court extends its view specifically to judgments under 
Article 169 of the Treaty, where the decision of the Court of Justice, 
though delivered in a different context, has the same characteristics as a 
ruling giving an interpretation of Community law. 
As regards the relationship in the national legal order between Community 
rules having direct effect and incompatible national provisions, the 
ODnstitutional Court: 
-80-
a. reiterates its position on the autonomy of and coordination between the 
two legal orders and on the primacy of Community law; 
b. specifies that this primacy serves to render the incompatible national 
provision liiapplloahle but not to rescind or cancel it; 
c. states (for the first time in such explicit terms) that all those 
responsible in the national legal order for enforcing laws (whether it 
be the courts or the administration) are legally bound not to apply 
domestic measures which are incompatible with Community law; 
d. stipulates, however, that this does not release Member States from the 
obligation to rescind or amend those measures to bring them into line 
with Community law; from the point of view of the national legal order 
this requirement is a matter of certainty in the law, and from the point 
of view of Community law it serves as a fundamental guarantee of 
compliance with the principle of primacy, establishing a specific 
obligation on the Member States which does not admit of any exception. 
This judgment is to be seen as consistent with the way in which the case 
law of the Italian Constitutional Court has progressed towards full 
acceptance of the principles defined by the Court of Justice. 
Most of these principles had already been recognized in the past (up to the 
milestone judgment No 170 of 1984), but judgment No 389 does offer a number 
of extremely useful and significant clarification. 
N° Hi STATISTICS UiM COHPLAINTS (C) -AND INFRINGEMENTS DETECTED BY THE COMMISSION'S OWN INQUIRIES (I) 
B D DK E F 6B GR IRL IT L NL P TotaL 
•C • i C 1 C I C I C I C I C I C I C I CI CI C I C I 
S.G. 1982 - - 1 - - - - - -i ---------- - 2 -
1988--- - - "- -1 -" -~ ---- --- -•,-- -, •, 
1989--- - " -" -" "- -" - r - - --- _---
1984 ------ 1-1--2----1--- 3 2 
1985 --11-- - - - - 1 ------ - 7 
1986 ---2-1---1--------------- J 
1987 . _ T -------- 1 - 1 - - - 1 - - - 1 - " 1 A 
1988 - 1 - 1 - - - 1 - 2 - 1 - 1 - 1 " 2 - 1 - 1 - 1 " 13 
1985 ------ ___1-----1---- - d 
1987 ----------------- 3 - - - - - 1 - A 
1988 --- - - -- - - -- -- _--- -
1989--- - - -- - - "- "- ---- --- ----
DG.I 1982 ------ -42--2--21---1 A 8 
1983 -----1 1612-2-121---- A 13 
1984 ------ 2 - - - 5 - - 1 2 - - - - 1 9 
1985 - 2 - 1 1----1-1-3-2-- 1 10 
1986 11- - - -1 -1 "- "2 1--6 --- -1--11 3 
1987 1-------1---1 1--A----2--7 3 
1988 -1-2---11---1---1 1-1 ----3 6 
1989 ----- _ii-------2-------3 1 
DG.II 1982 ------ _____3-------- - 3 
1983 ------ _i--2--------- 2 1 
1984 ------ - - - 2 1 - 1 ----- - 2 2 
1985 ------ 1___1---1----- 3 
1986 -1----1-----1---1--1----3 2 
1987 __- - ___-i -- -1 __-i -__ -___3 
1988--- - 1 -2 -- -- -3 ---- -_- __12 7 2 
1989-1- - 1 -- -- -- -2 1-1- 1-1 _--_ 3 5 
DG. 1982 12 2 11 4 A - 69 13 18 6 31 5 10 1 27 7 A - 11 3 197 41 
III 1983 13 5 13 5 2 - 67 21 14 7 47 11 11 - 22 14 - 3 8 4 197 70 
198* 5 5 11 7 6 1 53 14 14 3 64 10 4 - 65 7 1 1 3 3 226 51 
1985 13 3 30 6 10 - 56 11 22 4 123 2 6 3 62 6 2 3 4 6 328 44 
1986 13 8 31 4 5 2 106 7 61 18 10 4 57 2 7 - 35 6 3 2 12 4 18 3 358 60 
1987 5 4 75 10 5 93 6 64 18 12 6 23 4 11 3 46 3 2 1 9 6 14 5 359 66 
1988 18 4 52 7 9 6 289 10 89 22 15 10 29 5 5 3 60 20 3 5 9 2 22 3 597 97 
1989 21 10 52 10 5 7 63 13 61 13 15 1 38 9 3' 4 59 5 5 6 12 5 16 5 350 88 
DG.IV 1982 523-11 422 1- -12- 1-- 1- 17 9 
1983 221--- 461 -2 ---1 ---7- 18 8 
1984 1-31-- 31- -12-1- 2-- 1- 9 7 
1985 2----1 - - 1 - 2 2 - - - 1 - - - - 5 4 
1986 212---2-221--2--1 1 - 1 - - 1 - 11 7 
1987 - - - 2 - 1 1 2 3 1 1 - 1 - - - - 2 - - 1 - 2 - 9 8 
1988 - 2 2 - - - - 2 1 2 1 - 1 5 1 - - 1 - - 1 1 2 2 9 15 
1989-1 11 - 11 1 3-1 -- --11 --- _--- 7 5 
DG.V 1982 131--- 2-2---1--1--"- 7 4 
1983 5 1 6 1 2 1 1 2 1 - - 1 - 5 1 - 2 2 1 24 8 
1984 6 3 2 - 2 - 7 3 1 2 1 1 1 1 4 1 1 1 3 - 28 1 
1985 5 5 3 - - - 3 3 - 1 - - - - 3 1 - - 2 - 16 10 
1986 88 47 - 3- 2 4 10 1 3- 3-34 6-2 3412 25 53 
1987 22 34 - 12 1 741 41 1114 222 -6-- 23 28 
1988 8 8 4 7 2 1 1 - 8 4 4 1 2 - 1 1 2 1 1 2 1 4 - - 34 29 
1989 6 10 10 11 1 - - 3 22 9 7 10 3 3 1-5 8 - - 2 5 2 2 59 61 
DG.VI 1982 3 2 7 4 11 17 4 11 2 12 11 2 - 18 3 - 1 1 1 72 29 
1983 2 3 7 7 2 4 30 7 9 9 30 8 6 4 20 10 1 3 2 5 109 60 
1984 3 11 - 4 2 28 5 18 1 66 2 1 1 23 6 - 1 11 1 162 22 
1985 2 8 5 7 2 4 28 9 17 3 49 7 5 4 32 8 - 5 2 3 142 58 
1986 - 3 20 6 2 2 10 1 21 20 10 - 34 4 5 1 20 9 12 2 4 8 1 131 53 
1987 8 1 19 4 2 2 17 2 31 5 14 1 29 1 16 - 37 5-1 4 4 8 2 185 28 
1988 4 1 16 8 3 2 20 2 26 4 10 1 47 1 6 1 18 5 - 2 11 4 - 1 161 32 , 
1989 7 2 26 4 2 - 18 - 31 4 16 5 24 2 9 3 54 4-2 2 3 9 - 198 29 
OG. 1982 ------ 1___1______--- 2 
VI11983 1----- 2-- -2 --------- 5 
1984------ ____ 1 -------- - 1 
1985 - - 2 - - - 1-- -3 ---1 1-- 1- 8 1 
1986 12 -2 1 -- - 36- -2 --14 4-- ----11 15 
1987 1131---132---1---1-1-13-10 9 
1988 -313 2122 23111 2 1 1 1 1 - - - 1 - 1 11 19 
1989 -121 --11 13- 12 2-12 5-1 2111 11 18 
DG. 1982 ------ -------- 1 - - - - - 1 
1984 ------ -_ - - - 2 ------- - " 2 
1985 ------ _____ 1 ------- - - 1 
1986-- -1 " -- ~ --- -- --- __-- _--- - T 
DG.IX 1982 -1-3-- _ 1 - _ - - r - - - - - - - - 5 
1984 -2---- ----------- 1 - - - 3 
1985 1 5 - 1 - - --------1----- 2 6 
1988 11 -- 1 -1 " -1- "- --- __-- _i-- 3 3 
1989-1 -- - - - " --- -- --- __-- > <| - - - 2 
OG.XI 1982 1-1--- 4-1 ---1-2----- 10 
1983 1-1-1- T-1-1---1---1- 8 
1984--12-- __ 2 - 2 - - - A - - - - - 9 2 
1985 -13111 32 113 1A--12---31 37 10 
1986 7 3 6 6 1 2 5 - 44 5 32 - 53 3 - 5 13 3 - 2 2 3 2 - 165 32 
1987 4 3 14 6 4 3 29 4 16 1 30 3 17 3 9 1 16 6 - 5 4 1 7 2 150 38 
1988 6 3 35 3 5 1 51 4 36 2 31 7 13 2 12 2 15 3 1 1 2 5 9 - 216 33 
1989 18 3 36 8 - 1 91 10 43 6 192 9 24 11 24 6 22 7 - 3 5 2 10 2 465 60 
XIV 1983 --1--2 - 1 1 1 - - 1 ------- 2 3 6 
1984 -112-1 - 2 - 1 1 - 1 1 ----- 2 3 10 
1985 -2-1-3 -6-3-1-4-2---4 -26 
1986 -2-1-2---7-1---4--1--6-1124 
1987 - -1 - -- 4 -1- 4- - -4---- -2-2 - 18 
1988-- -1 - - - 1 -2- 2- __-- ___ _--- - 6 
1989 - 1 - 1 - 1 1 3 1 1 6 1 - 1 1 1 - 1 - - - 3 - 1 9 15 
DG.XV 1982 - - 1 - 1 4 1 2 - 11 9 2 1 3 - 1 - - - 25 11 
1983 - - 2 1 1 2 5 2 - 1 2 1 - 2 - - 1 - - 2 11 11 
1984 2 4 5 1 1 9 2 - 3 3 - 2 1 4 1 - - 1 1 27 13, 
1985 21-211 10 8355544181121 29 36 
1986 - 1 1 3 1 - - - 1 1 - - - 2 - " " 2 1 - - 2 - - A 11 
1987-- 21 - - - - --2 1- 1 --21-- 1-1- 8 A 
1988 - - 5 - 1 - 2 2 5 1 - 1 - - 3 - - - 1 - 1 - 1 - 19 A 
1989 31-1113131123-21-1-1 1 - - - 17 10 
XVII 1983 ------ _-,_.--_-- 1 1 - - - l d 
1984 -1---- -__ 2 --------- " * 
DG. 1983 - - - 1 - - _ 1 - 1 - - - 1 ----- - - 4 
XIX 1984 - - - 1 - - - - ' " ' 1 ~ ~ ~ ! " ~ " I "i7 
1985 - 1 - 1 - 1 - 1 - 3 ----- 5 - - - 2 14 
1986 -1 -3 - _- - _-!_ -i- - --,-2-- """""7 c 
1987 ------- 1 - 1 ------- 2 ----- 1 " 5 
1988 -- -1 --- 1 __- 2- - -2-3-- ~:~: ~ «: 
1989 ---1---3-2---1---2---1-1"11 
DG. 1982 --61-- 2--1A"""""""7" ]l I 
XXI 1983 - 1 - - - " 5 3 - 1 8 1 - 1 1 1 - - 1 1 15 9 
(Customs 198A ____.- 11- -3 ---11---- 5 d 
(r T" 1985 3 2 13 6 1 3 113 3 2 1112-2-2 13 19 
CCL& 1986 3 - 4 3 3 1 10 3 26 2 3 2 5 6 2 1 8 - 5 - - - 2 1 71 19 
_XV/B)1987 6 3 4 3 5 2 11 6 16 3 4 3 8 8 1 5 31 1 - 1 3 3 4 6 93 44 
1988 12 3 1 3 11 16 6 10 4 4 6 10 5 1 1 11 7 1 2 13 8 3 76 38 
1989 7 2 2 1 7 16 4 19 8 9 2 6 8 1 2 10 2 - 1 - 1 6 5 73 37 
1982 22 10 31 12 7 2 106 25 39 10 59 30 17 4 53 13 5 1 13 5 352 112 
1983 24 12 31 15 9 9 117 50 29 23 94 23 19 9 51 28 3 8 21 15 399 192 
1984 14 21 34 14 13 4 102 30 36 12 144 26 9 6 102 21 3 4 19 7 476 145 
1985 28 31 45 24 14 12 106 41 55 26 200 22 16 18 104 38 3 13 1A 19 585 2AA 
1986 35 31 68 38 13 13 135 13 163 73 57 11 15A 23 12 16 92 33 10 10 20 2A 32 8 791 293 
1987 28 15 121 32 16 9 153 27 142 36 64 23 81 21 38 14 141 27 4 11 22 26 40 19 850 260 
1988 49 27 116 36 35 12 373 30 173 48 71 26 107 22 27 12 111 44 6 14 26 23 43 13 1137 307 
1989 62 34 129 39 17 12 184 40 185 47 247 31 102 38 41 20 155 36 5 15 24 22 AA 18 1195 352 
- 85 -
ANNEX A 
Infringements of the Treaties and of Regulations 
Contents 
Page 
External relations °^ 
Economic and monetary policy 88 
Internal market and industrial affairs 38 
Competition 94 
Employment, social affairs and education 95 
Agriculture 96 
Transport 100 
Adninistrative questions 100 
Envi ronment 101 
Fisheries 101 
Financial institutions and taxation 103 
Budgetary questions 103 
Customs union 104 
Indirect taxation 105 
Li'?,at ban< 
l h<: indication of the legal basis provided here is derived from the document number in the Celrx daia 
base, ulnc-i is iLsrlf derived from the act's own original number, it is made up as follows: 
— onr figure identifying the documentary sector (e.g. I = Treaties establishing the Communities, etc.), 
— tv.o figures identifying the reference \car (year of publication, signature, etc ), 
— one or r* o letters identifying the legal form (eg E (in sector l) = EEC Treaty), 
— a serial number representing the number given to the document on publication or the article number. 
Example : 3 80 R 2\AA 
Sector 3: secondary legislation 
Year of publication 
Regulation 
Regulation No 2144/80 
- 86 -
Sector Form 
1 TREATIES ESTABLISHING THE COMMUNITIES; 
AMENDING AND ACCESSION TREATIES 
A Euratom Treaty 
B Accession Treaties for Denmark, Ireland, Norway and the United Kingdom 
E EEC Treaty 
F Merger Treaty 
Treaty amending certain budgetary provisions 
H Accession Treaty for Greece 
K ECSC Treaty 
R Treaty amending certain financial provisions 
Treaty amending certain provisions of the statute of the EIB 
G Greenland Treaty 
2 LAW RESULTING FROM COMMUNITY EXTERNAL RELATIONS 
A Agreement* with non-member countries 
3 SECONDARY LEGISLATION 
B Budget 
C Censure 
D Decisions (except FCSC Decisions of general scope) 
L EEC and Euratom Directives 
ECSC recomendations 
R EEC and Euratom Regubtions 
ECSC Decisions of general scope 
X Other acts (resolutions, opinions, etc.), published in OJ *L' scries (or old 
single scries) 
Y Other acts published in OJ 'C series 
I 
4 | COMPLEMENTARY LEGISLATION 
i 
A ! lnt ra-Community Agreements 
D | Decisions (of the representatives of the Governments of the Member Sine) 
X Other acts published in OJ "L" series (or old single series) 
Y Other acts published in OJ 'C scries 
5 PREPARATORY DOCUMENTS 
PC Commission proposals 
AP EP Opinions (consultation) 
IP EP Opinions (own-initiative) 
AC ESC Opinions (consultation) 
IC ESC Opinions (own-initiative) 
CC Opinions of the Court of Auditors' 
BP Acts.preparatory to the budget 
- 87 -
Sccior Form 
6 CASE-LAW OF THE COURT OF JUSTICE 
B Observations 
C Opinions of the Advocate-General 
J Judgments 
O Orders 
S Attachment orders 
T Third party proceedings 
V Opinions of the Court of Justice 
X Other acts 
9 PARLIAMENTARY QUESTIONS 
E Written questions 
H Questions arising during Question Time 
O Oral questions 
P Petitions 
Note: Sectors planned 
7 — National implementing measures. 
8 — National case-law. 
iC — Academic writing 
N.B. A/../... 
(A/../...) 
E.g.: A/83/039 
(A/88/480) European Court judgment of 3.12.87 
The procedure under Article 171 EEC - A/88/480 -
is based on the failure by the Member State to 
implement the Court's judgment in infringement 
procedure A/83/039. 
Sector Legal basis Inf. No. - 88 -
Member State Subject Stage of proceedings 
External relations 374D0393 
•s Economic and 
monetary policy 180H052 
180H052; 157E171 
Internal market and 157E030 
Industrial affairs 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 A/88/371 GREECE 
A/83/039 GREECE 
(A/88/480) 
A/88/480 
A/81/268 
A/82/004 
A/82/051 
A/82/316 
A/83/021 
A/83/043 
A/83/101 GREECE 
DENMARK 
GREECE 
A/82/005 GERMANY 
GERMANY 
BELGIUM Delay In notifying a draft Greece-
Thailand cooperation agreement 
Refusal to authorize transfer of suis 
credited to blocked accounts of 
residents of Member States 
idem 
Packaging for beer and soft drinks 
Provisions establishing that only 
malt-based beers may be sold 
Ban on the sale of beers not brewed 
solely from malted barley 
Restrictions on imports of vermouth 
Refusal to grant import licences for 
codeine 
A/82/320 UNITED KINGDOM Refusal to grant Import licences for 
codeine 
ITALY 
GREECE 
BELGIUM Restrictions on beer Imports 
Limitation of profit margins on certain 
products 
Prices of pharmaceutical products Reasoned opinion 
Reference to the Court of Justice 
Case 194/84 
Judgment 3.12.1987 
Letter of formal notice 
Terminated 
Reference to the Court of Justice 
Case 176/84 
Judgment 12.3.1987 
Reference to the Court of Justice 
Case 178/84 
Judgment 12.3.1987 
Terminated 
Reasoned opinion 
Reasoned opinion 
Terminated 
Withdrawn 
Reference to the Court of Justice 
Case 249/88 
N. 
Sector Legal basis Inf. No. Member State 89 
Subject Stage of proceedings 
Internal market and 157E030 
Industrial affairs 
(cont'd) 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 A/83/172 
A/83/183 
A/83/224 
A/84/256 
A/84/258 
A/84/266 
A/84/354 
A/85/028 
A/85/119 
A/85/138 
A/85/146 
A/85/211 ITALY 
GERMANY 
FRANCE 
FRANCE 
BELGIUM 
DENMARK 
GERMANY 
ITALY 
ITALY 
BELGIUM 
FRANCE 
ITALY Grants for the purchase of buses and 
trams 
Packaging of "pétillant de raisin' 
Restrictions on the import of machinery 
and equipment: health and safety rules 
Import declaration required for certain 
products 
Reimbursement of the cost of proprietary 
medicinal products 
Packaging of beer and non-alcoholic 
beverages 
Marketing of milk substitutes 
Prices of pharmaceutical products and 
medicines 
Difficulties in importing Belgian beer 
Obstacles to the import of liquid manure 
Parallel Imports of antiparasitics 
Marketing of beer Reference to the Court of Justice 
Case 263/85 
Reference to the Court of Justice 
Case 179/85 
Judgment 4.12.1986 
Withdrawn 
Withdrawn 
Reference to the Court of Justice 
Case 249/88 
Terminated 
Reference to the Court of Justice 
Case 76/86 
Judgment 11.5.1988 
Reference to the Court of Justice 
Case 56/87 
Judgment 9.6.1988 
Terminated 
Terminated 
Terminated 
Terminated 
Sector Legal basis Inf. No. - 90 -
Member State Subject Stage of proceedings 
Internal market and 157E030; 157E052; 
Industrial affairs 157E059 
(cont'd) 
157E030 
157E030; 157E005; 
157E085 
157E030; 157E059 
157E030 
157E030 
157E030 
157E052; 157E059 
157E030; 157E086 
157E090; 157E092 
377L0062 
157E030 
157E030 
157E030 A/85/230 
A/85/269 
A/85/272 
A/85/291 
A/85/357 
A/85/367 
A/85/447 
A/85/466 
A/85/500 
A/86/006 
A/86/040 FRANCE 
FRANCE 
FRANCE 
GERMANY 
BELGIUM 
ITALY 
BELGIUM 
ITALY 
GERMANY 
FRANCE 
BELGIUM Preference given to SFP television 
productions 
Refusal to grant Import licences for 
codeine 
N. 
S. Book prices 
Inland waterway scrapping premiums 
Registration of imported vehicles 
(certificate of conformity and 
roadworthiness tests) 
Denaturing of oilseed refining 
by-products 
Restrictions on the use of gelatin in 
certain food products 
Installation of data-processing systems 
reserved for Italian state-owned 
companies 
Difficulties in the import of pate 
Obstacles to the import of soft drinks 
Pharmaceutical prices; 
government/industry agreements Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 55/89 
Reference to the Court of Justice 
Case 52/88 
Judgment 11.5.1989 
Reference to the Court of Justice 
Case 3/88 
Judgment 5.12.1989 
Reference to the Court of Justice 
Case 274/87 
Judgment 2.2.1989 
Terminated 
Reference to the Court of Justice 
Case 249/88 LP 
Sector Legal basis - 91 -
Inf. No. Member State Subject Stage of proceedings 
Internal market and 157E034 
Industrial affairs 
(cont'd) 
157E030 
157E030 A/86/103 FRANCE Rules on the disposal of waste oils 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 A/86/104 UNITED KINGDOM Obligation to indicate the origin of 
imported products 
A/86/234 BELGIUM 
A/86/518 GERMANY 
A/87/046 GERMANY 
A/87/049 SPAIN 
A/87/054 FRANCE 
A/87/055 
A/87/099 
A/87/154 
A/87/297 
A/87/311 ITALY 
ITALY 
ITALY 
GERMANY 
SPAIN Import licence for lubricants 
originating in Germany 
Amendment of the German law on 
foodstuffs following the Cassis de Pi Ion 
Judgment 
Introduction of standards for asphalt 
membranes 
Registration of Imported second-hand 
vehicles 
Imported TV sets required to have 
Per I te I socket 
Ban on the use of methanol as a solvent 
Marketing of butter: packaging 
Ban on the sale of pétI liant de raisin 
In champagne-type bottles 
German rules on Leichtomofa light mopeds 
Obstacles to the import of biscuit and 
chocolate products Terminated 
Terminated 
Terminated 
Reasoned opinion 
Reasoned opinion 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 176/89 
Terminated 
Reasoned opinion 
Terminated 
Reasoned opinion 
\ 
s. 
\ 
Sector Legal basis Inf. No. - 92 • 
Member State Subject Stage of proceedings 
Internal market and 157E030 
Industrial affairs 
(cont'd) 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 A/87/319 
A/87/424 
A/87/454 
A/87/499 
A/87/500 
A/88/061 
A/88/076 
A/88/214 
157E030 A/89/034 
157E034 A/89/061 
157E030; 157E036 A/89/102 
157E052; 157E059 A/83/267 
157E052; 157E059 A/84/036 
(A/88/373) UNITED KINGDOM Special UK standards for steel 
ITALY Import licences for the exploitation of 
new plant varieties and patents 
FRANCE Bicycle brakes 
BELGIUM Obstacles to the import of 
telecommunications equipment (broadcast 
receiving aerials) 
BELGIUM Fixing minimum prices for manufactured 
tobacco 
GERMANY Personal Imports of medicines 
LUXEMBOURG Ban on distribution of advertising 
leaflets 
SPAIN Rules amending certain Items in 
specifications: hydrocarbon binders 
UNITED KINGDOM Patent licences 
FRANCE 
ITALY 
FRANCE 
ITALY Disproportionate penalties 
Discriminatory charges for carriage of 
non-1 ta I Ian newspapers by air 
Replacement of doctors: dual practices 
Nationality requirement (guides, 
journalists, licensed pharmacists) Reasoned opinion 
Reference to the Court of Justice 
Case 235/89 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 287/89 
Reasoned opinion 
Reasoned opinion 
Terminated 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Terminated 
Reference to the Court of Justice 
Case 168/85 
Judgment 15.10.1986 IS* 
FN) 
\ 
N. 
Sector Legal basis Inf. No. - 93 -
Member State Subject Stage of proceedings 
Internal market and 157E007; 157E048; A/84/182 GREECE 
industrial affairs 157E052; 157E059 
(cont'd) 
157E052 A/84/325 ITALY 
157E048; 157E052; A/84/388 GREECE 
157E059 (A/85/265) 
157E052; 157E059 A/85/264 GREECE 
(A/85/265) 
157E052; 157E059 A/85/265 GREECE 
(A/89/165) 
157D1186; 386D0283 A/85/499 FRANCE 
157E059 
157E059 
157E059 
157E059 A/86/432 FRANCE 
A/87/071 ITALY 
A/87/113 GREECE 
A/85/463 NETHERLANDS Laws relating to frontier areas 
Access to real-estate loans and renting 
of housing 
Requirement of Greek nationality for 
teaching 
Nationality requirement for lawyers 
Nationality requirement for architects, 
engineers and land surveyors 
Freedom of establishment and freedom to 
provide services in overseas territories 
Restrictions on freedom to supply 
services as a tourist guide 
Restrictions on freedom to supply 
services as a tourist guide 
Restrictions on freedom to supply 
services as a tourist guide 
Restrictions on freedom to supply 
television services Reference to the Court of Justice 
Case 305/87 
Judgment 30.5.1989 
Terminated 
Reference to the Court of Justice 
Case 147/86 
Judgment 15.3.1988 
Reference to the Court of Justice 
Case 38/87 
Judgment 14.7.1988 
Reference to the Court of Justice 
Case 38/87 
Judgment 14.7.1988 
Reference to the Court of Justice 
Case 263/88 
Reference to the Court of Justice 
Case 154/89 
Reference to the Court of Justice 
Case 180/89 
Reference to the Court of Justice 
Case 198/89 
Withdrawn IP 
^ 157E048; 157E052; A/87/407 
157E059 FRANCE Restriction of recognition of veterinary 
qualifications to naturalized French 
citizens Terminated 
\ 
< 
Sector Legal basis - 94 -
Inf. No. Member State Subject Stage of proceedings 
N. Internal market and 157E007; 157E048; A/88/340 
Industrial affairs 157E052; 157E059 
(cont'd) 
157E052; 157E059; A/88/373 
157E171 
157E048; 157E052 A/89/106 
Competition 157E052; 157E059; 
157E171 
157E052; 157E059; 
157E171 
157E005; 157E030; 
157E062; 157E059 
157E059; 157E090 
371L0305 
385D0276 A/88/332 
A/88/379 
A/86/111 
(A/89/047) 
157E030; 157E034; A/86/138 
157E037 ITALY 
ITALY 
LUXEMBOURG 
A/89/165 GREECE 
A/89/236 FRANCE 
A/87/505 NETHERLANDS 
ITALY 
SPAIN 
GREECE 
GREECE 
157E005; 362R0017 A/87/072 GERMANY 
157E171; 384D0508 A/89/030 BELGIUM Refusal to recognize qualifications In 
physiotherapy and osteopathy 
Nationality requirement (guides, 
Journalists, keepers of chemists' shops) 
Refusal to license opening of dual 
dental practice 
Nationality requirement to practise as 
architect, engineer or surveyor 
Restrictions on free movement of 
services In broadcasting 
Notice of qua I if(cat Ion 
Public works contract: failure to 
respect time limit for submission of 
tenders 
Insurance of public property 
Petroleum products monopoly 
Refusal to give assistance to Commission 
staff 
Aid for I deal spun-Beau I leu Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Letter of formal notice 
Replacement, of doctor, dual practice Terminated 
Reference to the Court of Justice 
Case 353/89 
Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 226/87 
Judgment 30.6.1988 
Reference to the Court of Justice 
Case 347/88 
Reasoned opinion 
Reference to the Court of Justice 
Case 375/89 LP 
Sector Legal basis Inf. No. - 95 -
Member State Subject Stage of proceedings 
Competition (cont'd) 157E171; 157E005; 
157E0189 
Employment and 
Social Affairs 
*s 
\ 1861048; 157E030 
371R1408 
371R1408 
365R0109 
157E051; 157E040; 
371R1408 
371R1408 
157E007; 371R1498 A/89/047 
A/87/361 
A/79/131 
368R1612; 157E048 A/84/336 
A/85/210 
157E007; 157E048; A/85/435 
157E128; 368R1612 
157E007; 371R1408 A/85/468 
A/86/249 
A/86/374 
A/87/056 
A/87/057 
368R1612; 157E007; A/87/070 
157E048; 157E052 GREECE 
SPAIN 
FRANCE 
GERMANY 
FRANCE 
BELGIUM 
FRANCE 
FRANCE 
FRANCE 
FRANCE 
BELGIUM 
GERMANY Insurance of public property 
Adjustment of petroleum monopoly 
Supplementary allowance from the Fonds 
national de solIdarlté - refusal to 
export a social security benefit 
Concept of normal housing 
Calculation of employment benefits for 
frontier workers 
Discrimination In public financing-, 
non-university higher education 
Refusal to grant allowances from the 
Fonds national de solidarité to 
nationals of other Member States 
Social security entitlements of 
nationals employed in Algeria 
Failure to respect Community-wide 
agreement on disabiIity 
Grant of widow's pension 
Discrimination In the settlement of 
old-age pension requirements 
Equal treatment in respect of access to 
vocational training courses Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 236/88 
Reference to the Court of Justice 
Case 249/86 
Judgment 18.5.1989 
Terminated 
Reference to the Court of Justice 
Case 42/87 
Judgment 27.9.1988 
Reference to the Court of Justice 
Case 307/89 
Reasoned opinion 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 185/88 
Terminated 
Sector Legal basis - 96 -
Inf. No. Member State Subject Stage of proceedings 
Employment and 
Social Affairs 
(cont'd) 
Agriculture 371R1408; 372R0574; A/87/239 
68410041 
157E048; 368R1612 A/87/282 
157E051; 371R1408 A/88/159 
157E051; 371R1408 A/88/160 
157E048; 368R1612 A/88/215 
371R1408 
371R1408 A/88/362 
A/88/363 
\ 683J0261; 673J0187; A/88/364 
674J0039; 675J0007 
371R1408; 683J0275 A/88/365 
157E030; 370R1698 A/72/212 
(A/89/160) 
379R0337; 379R0338 A/83/030 
157E030; 181H065 A/83/085 FRANCE Family allowances granted under 
legislation of the State in which a 
worker's famlly resides 
GERMANY Equal treatment In respect of benefits 
NETHERLANDS Refusal to grant family benefits to 
workers with unemployed children In 
other Member States 
GERMANY Refusal to grant family benefits to 
workers with unemployed children in 
other Member States 
BELGIUM Discrimination In requiring extra 
insurance contributions 
BELGIUM Deduction of health Insurance 
contributions from supplementary pension 
benefits 
NETHERLANDS Discrimination against Belgian workers 
In relation to early retirement 
BELGIUM Covert discrimination In granting 
welfare or social security benefits 
FRANCE Deduction of health Insurance 
contributions from supplementary 
retirement benefits 
GERMANY Wine law 1971 Reference to the Court of Justice 
Case 371/88 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Terminated 
GERMANY Ban on the use of rectified grape must Terminated 
concentrate <s-
GREECE Ban on Import of bananas from ACP 
countries Terminated 
\ 
97 -
Sector Legal basis Inf. No, Member State Subject Stage of proceedings 
S Agriculture (cont'd) 379R0338 A/83/115 
368R0804; 379R0262 A/84/085 
368R0805; 157E030 A/84/180 
(A/89/467) 
368R0805; 375R2759; A/84/327 
157E030 
157E189; 157E005; A/84/358 
379R0337 
379R0337; 157E030 A/84/360 
384R0857 A/84/387 
379R337; 157E030 A/85/016 
157E171; 372R1035; A/85/068 
369R2638; 380R2150 
380R1837; 382R0019; A/85/101 
383R0020; 157E113 
366R0136; 157E030; A/85/142 
157E034 
368R0827; 377L0504; A/85/275 
157E030 
375R2744; 382D0495; A/85/258 
382R2029; 382R3383; 
157E005; 377R2891 ITALY 
ITALY 
GREECE 
GERMANY 
GERMANY 
GERMANY 
ITALY 
GERMANY 
ITALY 
GREECE 
GREECE Lago di Caldaro wine 
Marketing of fractionated concentrated 
butter 
Restrictions on meat imports 
Export of agar-preserved meat 
Increase in alcoholic strength of 
Mosel le wines 
Protection of the Bocksbeutel bottle 
Milk levy 
Sparkling wines 
Quality standards for fruit and 
vegetables 
Prices for sheep and goats Imported from 
Hungary 
Obstacles to trade in olive oil 
FRANCE Rules on artificial Insemination 
NETHERLANDS Release for free circulation of 50 000 t 
of basic product transported by the 
vessel Equinox and coming from Thailand Terminated 
Reference to the Court of Justice 
Case 67/88 
Reference to the Court of Justice 
Case 124/85 
Judgment 16.12.1986 
Withdrawn 
Terminated 
Withdrawn 
Terminated 
Reasoned opinion 
Reference to the Court of Justice 
Case 69/86 
Judgment 12.2.1987 
Reference to the Court of Justice 
Case 127/87 
Terminated \S> 
Terminated 
Reference to the Court of Justice 
Case 96/89 
\ 
Sector Legal basis Inf. No. - 98 -
Member State Subject Stage of proceedings 
Agriculture (cont'd) 385D0341 A/85/292 
384R2261; 157E040; A/85/413 
375R2727 
375R2727; 157E005; A/85/480 
157E093 
375R2727 A/86/025 
366R0136; 157E034 A/86/108 
(A/85/142) 
368R0234; 371R2358; A/86/137 
157E034; 157E030 
157E030; 366R0136 A/86/215 
384R3061; 384R2261 A/86/216 
384R3061; 384R2261 A/86/217 
157E030; 157E036 A/86/263 
380R1837; 157E030 A/86/329 
375R2727; 157E034 A/86/422 ITALY Protection against swine fever 
GREECE Recognition of olive oil producer 
organizations: recognition of 
cooperatives only 
GREECE Importation of feed grain, maize and 
barley; management of markets by Kydep 
GREECE Purchase of substandard durum wheat from 
1982 harvest 
GREECE Barriers to trade in olive oil 
NETHERLANDS Compulsory registration of exporters of 
agricultural products with a supervisory 
body 
ITALY Restrictions on the marketing of oils 
and fats 
GREECE Computerized data flies for olive oil 
ITALY Computerized data files for olive oil 
GREECE Obstacles to the import of cheese (H) 
GERMANY Obstacles to the import of live sheep 
and lambs 
GREECE Refusal to grant export licences for 
maize Withdrawn 
Terminated 
Referred to 
Case 35/88 
Referred to 
Case 281/87 
Judgment 29 
Referred to 
Case 272/86 
Judgment 22 
Referred to 
Case 43/88 
Judgment 31 
Referred to 
Case 67/88 
Withdrawn 
Withdrawn 
Referred to 
Case 293/89 
Referred to 
Case 382/89 
Referred to 
Case 110/89 the Court of Justice 
the Court of Justice 
,11.1989 
the Court of Justice 
,9.1988 
the Court of Justice 
5.1989 
the Court of Justice 
the Court of Justice 
the Court of Justice 
the Court of Justice 
Sector Legal basis Inf. No, - 99 -
Member State Subject Stage of proceedings 
Agriculture (cont'd) 366R0136; 157E030 A/86/444 
157E030; 368R0804 A/86/469 
"S 381R1371; 385R3154; A/86/512 
157E005 
387R0822; 157E005 A/87/102 
384R2262 A/87/199 
368R0804; 384R0857 A/87/344 
375R2727 A/87/385 
375R2771; 375R2772 A/87/455 
157E036; 157E030 A/87/564 
368R0804; 157E030 A/88/018 
386R2239 A/88/044 
157E030; 368R0804 A/88/080 
366R0136; 384R2261 A/88/083 GREECE Maximum prices in olive oil trade 
s. LUXEMBOURG Health control certificates required for 
the import of pasteurized butter 
GREECE Obstacles to the payment of monetary 
compensatory amounts 
GERMANY Non-compllance with obligation to 
deliver wine for compulsory distillation 
FRANCE Penalties for Infringements of the rules 
on aid towards the production of olive 
oil 
FRANCE Additional milk levies: right to opt for 
a reference year other than 1983 
GREECE Kydep monopoly - Intervention by the 
central government In the cereals sector 
NETHERLANDS Export of eggs In shell 
GREECE Radioactivity certificate requirement 
for Imports: level of radioactivity In 
food (H) 
ITALY Fat content of cheese (L) 
PORTUGAL Misapplication of Community rules on 
grubblng-up premiums 
ITALY Constraints on consumer price of 
pasteurized ml Ik 
ITALY Community aid: discrimination against 
olive oil producers not belonging to 
cooperatives Referred to the Court of Justice 
Case 205/88 
Terminated 
Terminated 
Referred to the Court of Justice 
Case 217/89 
Referred to the Court of Justice 
Case 260/88 
Reasoned opinion 
Reasoned opinion 
Terminated 
Withdrawn 
Referred to the Court of Justice 
Case 210/89 
Terminated 
Reasoned opinion 
Terminated Ob 
\ 
Sector Legal basis Inf. No - 100 -
Member State Subject Stage of proceedings 
jrlculture (cont'd) 375R2727; 157E030 A/88/242 
379R2374; 157E005 A/88/329 
157E404; 356E0136; A/88/360 
384R2261 
385R0797 A/89/003 
370R1698; 157E171 A/89/160 
157E030; 368R0805; A/89/467 
157E171 
Transport 
Administrative 
affairs 370R1108; 370R2598 A/86/476 
157E059; 157E048 A/87/351 
157E059; 157E048; A/87/352 
157E052 
386R4055 
387D0602 A/88/074 
A/88/281 
Staff Regulations A/78/007 
(A/84/303) 
Staff Regulations A/78/008 
165F/PR0/PRI A/83/065 SPAIN Spanish flag clause, Intra-Community 
deliveries of cereals to Spain 
GREECE Intervention beef and veal Intended for 
welfare organizations 
GREECE Olive oil - producers' associations 
DENMARK Set-aside of arable land 
GERMANY 1971 wine law 
GREECE Imports of certain cuts of meat 
FRANCE Failure to provide statistics on 
transport Infrastructures 
GREECE Discrimination on the ground of 
nationality as regards entry to museums 
SPAIN Discrimination on the ground of 
nationality as regards entry to museums 
PORTUGAL Measures favouring vessels flying the 
Portuguese flag 
ITALY Refusal to give authorization for an air 
link between Manchester and Milan 
BELGIUM Transfer to Community pension scheme 
NETHERLANDS Transfer to Community pension scheme 
GERMANY Family allowances from more than one 
source Terminated 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Terminated 
Letter of formal notice 
Terminated 
Reasoned opinion 
Reasoned opinion 
Terminated 
Referred to the Court of Justice 
Case 352/88 
Referred to the Court of Justice 
Case 137/80 
Judgment 19.10.1981 
Terminated 
Referred to the Court of Justice 
Case 189/85 
Judgment 7.5.1987 X 
Sector Legal basis Inf. No. - 101 -
Member State Subject Stage of proceedings 
Administrative 
affairs (cont'd) 157F/PR0/PRI; 
157E171 
165F/PR0/PRI A/84/303 
A/88/050 BELGIUM 
PORTUGAL Transfer to Community pension scheme 
Difficulties concerning Import of cars 
by officials or servants of the 
Commission Referred to the Court of Justice 
Case 383/85 
Judgment 3.10.1989 
Terminated 
Environment 
Fisheries 157E005 
165/PRO/PRI 
165F/PR0/PR! A/88/065 
A/89/022 
A/89/023 
382R3626; 157E005 A/86/225 
383R0170; 382R2057; A/84/404 
383R0098; 383R3624; 
384R0320; 385R0001 
382R2057; 383R0171 A/84/445 BELGIUM 
BELGIUM 
FRANCE 
FRANCE 
NETHERLANDS 
FRANCE 505! reduction In the salaries paid by 
the Belgian authorities to Belgian 
teachers on secondment 
Application of PPI - Peulens case 
Deduction of health Insurance 
contributions from retired EC official's 
national pension 
Rules on International trade in wild 
animal and plant species in danger of 
extinction 
Overfishing 1983 and 1984 
Fisheries: Inadequate compliance with 
technical conservation measures Referred to the Court of Justice 
Case 6/89 
Reasoned opinion 
Reasoned opinion 
Referred to the Court of Justice 
Case 182/89 
Referred to the Court of Justice 
Case 290/87 
Judgment 5.10.1989 
Referred to the Court of Justice 
Case 64/88 
\. 383R0170; 382R2057; A/85/354 
383R0098; 383R3624; 
384R0320; 385R0001 
157E052 A/85/394 NETHERLANDS Overfishing 1985 
IRELAND Lack of conformity with Community law of 
the Fisheries Amendment Act 1983 Referred to the Court of Justice 
Case 290/87 ; 290/87/2 
Referred to the Court of Justice 
Case 93/89 
•s. 
Sector Legal basis Inf. No. - 102 -
Member State Subject Stage of proceedings 
Fisheries (cont'd) 381R3796; 382R3191 A/86/11 
381R3796; 383R3598 A/86/189 
381R3796; 383R3598 A/86/362 ITALY 
FRANCE 
IRELAND Failure to provide Information in 
connection with the common organization 
of the market In the fisheries sector 
Failure to provide information In 
connection with the common organization 
of the market In the fisheries sector 
Failure to provide Information In 
connection with the common organization 
of the market In the fisheries sector Referred to the Court of Justice 
Case 209/88 
Reasoned opinion 
Referred to the Court of Justice 
Case 39/88 
385R0001 
385R3721 A/86/368 
(A/87/398) 
A/86/370 
381R3796; 383R3598; A/86/391 
382R3191; 383R3599 UNITED KINGDOM Overfishing 1985 
NETHERLANDS Overfishing 1986 
GREECE Failure to provide Information In 
connection with the common organization 
of the market In the fisheries sector Reasoned opinion 
Reasoned opinion 
Referred to the Court of Justice 
Case 200/88 
385R0001; 385R006 A/87/255 
385R3721 A/87/256 
385R3721; 385R3730; A/87/396 
385R3732; 383R0170; 
382R057 FRANCE 
BELGIUM 
FRANCE Overfishing 1985 
Overfishing 1986 
Overfishing 1986 Referred to the Court of Justice 
Case 62/89 
Terminated 
Referred to the Court of Justice 
Case 244/89 ^ 
s. 
N. 385R3721; 385R3732 A/87/398 
382R2057; 385R3777; A/87/405 
386R4034 
172B100; 383R0170 A/87/520 
376R0101; 381R3796 A/88/186 UNITED KINGDOM Overfishing 1986 
SPAIN Failure to fulfil obligation to record 
catches (ICES divisions) 
UNITED KINGDOM Extension of territorial waters 
UNITED KINGDOM Fishing boats, restrictions on free 
movement of persons and exports of goods Reasoned opinion 
Referred to the Court of Justice 
Case 146/89 
Referred to the Court of Justice 
Case 146/89 
Referred to the Court of Justice 
Case 279/89 
Sector Legal basis Inf. No, - 103 -
Member State Subject Stage of proceedings 
Fisheries (cont'd) 376R0101; 381R3796 A/88/187 IRELAND Ban on British fishing boats In Irish 
waters and associated measures Referred to the Court of Justice 
Case 280/89 
382R2057; 387R2241 A/88/356 
157E048; 157E052; 
157E059 A/89/87 SPAIN Requirement to cooperate - inspection 
and monitoring of fishing 
UNITED KINGDOM Merchant Navy Act Reasoned opinion 
Referred to the Court of Justice 
Case 246/89 
Financial 
Institutions 157E059; 157E016 A/88/318 ITALY Taxation on encashment of Eurocheques Reasoned opinion 
Budgetary questions 377R2891 A/85/355 ITALY Refusal to pay interest charges Referred to the Court of Justice 
Case 54/87 
Judgment 22.2.1989 
377R2892; 377R2891 A/87/060 GERMANY Own resources from VAT: calculation of 
compensation for exemption of 
telecommunications Referred to the Court of Justice 
Case 251/88 
*s 377R2891 A/87/098 
375R2727; 377R2891; A/87/358 
379R1697; 157E005 ITALY 
GREECE Interest on payment of own resources 
from customs duties 
Own resources; Interest on late 
payments; Yugoslav maize presented as 
being of Greek origin Referred to the Court of Justice 
Case 373/88 
Referred to the Court of Justice 
Case 68/88 
Judgment 21.9.1989 
377R2891 A/88/029 ITALY Interest on late payment of own 
resources Referred to the Court of Justice 
Case 239/89 
157E005; 
165F/PR0/PRI A/88/245 SPAIN Implementation of the Protocol on the 
Privileges and Immunities of the EC Terminated 
377R2891 A/88/285 ITALY Interest on late payment of customs 
duties (Report 84-6-3) Referred to the Court of Justice 
Case 270/89 
377R2891 A/89/019 IRELAND Failure to calculate and pay VAT 
resources owing to exemption of tolls Reasoned opinion 
Sector Legal basis Inf. No. - 104 -
Member State Subject Stage of proceedings 
Budgetary questions 377R2891 
(cont'd) 
Customs union 682J0199 
682J0199 
377R1535 
157E009; 
368R0950 
157E009; 
368R0950 
157E009; 
368R0950 
157E009; 
368R0950 
157E009; 
368R0950 
157E009; 
368R0950 157E028; 
157E028; 
157E028; 
157E028; A/89/020 
A/84/437 
A/84/438 
A/84/126 
157E028; A/84/342 
157E028; A/84/343 
A/84/344 
A/84/345 
A/84/346 
A/84/347 UNITED KINGDOM Failure to calculate and pay VAT 
resources owing to exemption of tolls 
FRANCE 
ITALY Repayment of national charges having 
equivalent effect 
Repayment of national charges having 
equivalent effect 
UNITED KINGDOM Civil aircraft exempted from customs 
duties and subsequently used as military 
aircraft 
BELGIUM 
DENMARK Duty-free Importation of military 
equipment 
Duty-free importation of military 
equipment 
UNITED KINGDOM Duty-free importation of military 
equipment 
ITALY 
LUXEMBOURG 
NETHERLANDS 
157E009; 181H029 A/86/229 GREECE 
1861035 A/87/062 SPAIN Duty-free Importation of military 
equipment 
Duty-free Importation of military 
equipment 
Duty-free Importation of military 
equipment 
Bank charge for checking Imported 
products 
Payment of Mozos de Aduana taxes Reasoned opinion 
Reference to the Court of Justice 
Case 105/86 
Reference to the Court of Justice 
Case 104/86 
Judgment 24.3.1988 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 229/87 
Judgment 15.11.1988 
Reference to the Court of Justice 
Case 307/88 
Sector Legal basis Inf. No. Member State 105 -
Subject Stage of proceedings 
Customs union 
(cont'd) 
Indirect taxation 
"S 157E009; 157E102 A/87/158 
157E009; 157E095 A/87/283 
157E009; 157E012; 
368R0804 
376R0754 
157E009; 387D0433 
157E095 
157E095 
157E095 
157E095 A/88/182 
A/88/325 
A/88/447 
A/83/136 
(A/88/300) 
A/85/2125 
A/85/331 
A/85/333 ITALY 
DENMARK 
FRANCE 
FRANCE 
ITALY 
ITALY 
157E095; 157E096 A/83/158 ITALY 
157E095; 157E096 A/83/187 BELGIUM 
157E095; 157E096 A/83/188 LUXEMBOURG 
157E095; 157E096 A/83/189 NETHERLANDS 
IRELAND 
FRANCE 
FRANCE Telegrams sent by veterinary services 
charged to Importers of livestock 
Tax on agricultural products (dried 
fruit, chocolate-based products and 
sugar) 
Charge for computerized checking of 
customs declarations 
Returned goods 
Stamp duty on certain products 
Consumption tax on bananas 
Excise duty on beer 
Excise duty on beer 
Excise duty on beer 
Excise duty on beer 
Excise duty on table waters 
Taxation of imports of second-hand goods 
having the effect of double taxation 
Taxation of imports of second-hand goods 
having the effect of double taxation Reference to the Court of Justice 
Case 137/89 
Terminated 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 184/85 
Judgment 5.7.1987 
Reasoned opinion 
Reference to the Court of Justice 
Case 153/89 
Reference to the Court of Justice 
Case 152/89 
Reference to the Court of Justice 
Case 282/89 
Withdrawn 
Terminated 
Reference to the Court of Justice 
Case 120/88 V 
N. 
N. 
Sector Legal basis Inf. No. - 106 -
Member State Subject Stage of proceedings 
Indirect taxation 
(cont'd) 157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 A/85/503 
A/86/078 
A/86/080 
A/86/083 
A/86/219 
A/86/340 
A/86/399 
A/86/400 
A/87/308 
A/87/325 
A/87/341 
A/88/077 DENMARK 
GREECE 
GREECE 
ITALY 
FRANCE 
GREECE Motor vehicles 
Differential rates of tax on imports of 
decorative articles made of ordinary 
plastic 
Tax on imports of powdered cheese 
Excise duties on rum 
Parafiscal charge on Imports of forestry 
products 
Discriminatory treatment of motor 
vehicles Imported from other Member 
States 
UNITED KINGDOM Parafiscal charge levied by the Sea Fish 
Industry Authority 
FRANCE Contribution levied on potatoes 
SPAIN Taxation of Imports of second-hand goods 
having the effect of double taxation 
GREECE Taxation of imports of second-hand goods 
having the effect of double taxation 
GREECE Higher VAT on imported spirituous 
beverages than on national products 
PORTUGAL Administrative charge for the inspection 
of fruit and vegetables Reference to the Court of Justice 
Case 47/88 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 323/87 
Judgment 11.7.1989 
Reasoned opinion 
Reference to the Court of Justice 
Case 132/88 
Terminated 
Reasoned opinion 
Reference to the Court of Justice 
Case 119/89 
Reference to the Court of Justice 
Case 159/89 
Reference to the Court of Justice 
Case 230/89 
Reasoned opinion fc 
157E095 A/88/275 GREECE VAT rate: silver-plated cutlery Reasoned opinion 
Sector Legal basis Inf. No. - 107 -
Member State Subject Stage of proceedings 
Indirect taxation 
(cont'd) 157E095 
157E095 
157E095 A/88/300 
A/88/336 
A/88/369 ITALY 
IRELAND 
GREECE Taxation of bananas Reference to the Court of Justice 
Case 380/89 
Measures introducing differential VAT Reasoned opinion 
rates on newspapers 
VAT on imported cars Reasoned opinion 
- 107 -t»3 
ANNEX B 
Infringement of directives 
Contents 
Page 
Statistical questions .109 
Internal market and industrial affairs 110 
Competition 137 
Financial institutions and company law 138 
Employment, social affairs and education 142 
Environment, consumer protection and nuclear safety 145 
Agriculture 161 
Transport 181 
Energy 185 
Budgets 186 
Customs union and Indirect taxation 187 
TelecxaDaraunications, information industries and innovation 193 
Human resources, education, training and youth 193 
Explanation of entries 
78/546 = number of directive 
(31.12.1980) = deadline for incorporation of directive into national 
lav 
blank = no measures notified by 31 December 1989 although 
measures may in fact have been taken (measures notified 
by MS currently under study) 
yes - national implementing measures notified 
n.m.n. = proceeding initiated or pursued on the grounds that no 
measures have been notified 
n.p.i. - prcxseedings pursued on the ground that the directive 
has not been properly incorporated into national law 
n.p.a. = proceedings pursued on the grounds that the directive 
is not being properly applied 
1.1.1984 = deadline for incorporation by the particular 
Member State 
A/74/82 = infringement number ( /82 = year in which proceedings 
were initiated) 
- 108 -
Case 171/84 - number of case on Court of Justice register 
Judgment 18.3.1980 - date of Court judgment 
r.o. - reasoned opinion 
- 199 -
Directive Subject B DK UK EL IRL NL 
Statistical questions 
72/280 Statistical yes 
(1.1.73) surveys - milk and 
mi Ik products yes yes yes yes yes yes A/209/88 yes 
n.p.a. 
r.o. yet yes yes 
73/132 Statistical yes 
surveys - Bovine 
Iivestock yes yes yes yes yes yes A/208/88 A/210/88 yes 
n.p.a. n.p.a. 
r.o. r.o. yes yes 
76/630Surveys of pig 
(1.12.76) production yes yes yes yes yes yes yes yes A/210/88 yêT 
n.p.a. 
r.o. yes yes 
78/546 Statistical 
(31.12.80) returns - carriage 
of goods by road yes yes yes yes yes yes A74/82 
n.p.I. 
Judgement 
11.7.85 
Case 
101.84 yes yes yes 
A216/88 
n.p.I. 
Case 
266/89 
82/177 
(1.3.85) Statistical 
surveys -yes yes yes yes yes yes yes yes A210/88 
n.p.a. 
r.o. yes yes yes 
Vu 
118 -
Directive Subject DK UK EL IRL NL 
Internal market and industrial affairs 
62/2645 Colouring matters yes 
(26.10.63) yes yes yes yes yes yes yes yes yes yes 
63/261 Freedom of estab- yes 
(3.10.63) lishment in agri­
culture - paid 
workers yes yes yes yes yes yes yes yes yes 
63/262 Freedom of esta- yes 
(3.10.63) bllshment in agri­
culture - abandoned 
holdings yes yes yes yes yes yes yes yes yes 
63/607 Freedom of esta-
(15.4.64) bllshment - film 
industry yes yes yes yes yes yes yes yes yes yes 
64/427 Se If-empIoyed yes 
(9.1. persons In process­
ing industries yes yes yes yes yes yes yes yes yes yes 
-A 
0 
64/429 Freedom of esta- yes 
(9.1.65) bllshment - self-
employed persons in 
processing industries yes yes yes yes yes yes yes yes yes yes 
64/54 Preservatives 
(1.1.81) yes yes yes yes yes yes yes A278/84 yes 
n.p.a. 
r.o. 
Case 95/89 yes yes 
65/1 Freedom to provide yes 
(15.6.65) services -
agriculture yes yes yes yes yes yes yes yes yes 
- 111 -
Directive Subject DK UK EL IRL NL 
65/264 Freedom of estab- yes 
(14.11.65) lishment - film industry yes yes yes yes yes yes yes yes 
65/569 Preservatives 
(31.12.66) yes yes yes yes yes yes yes yes yes yes yes 
65/65 Proprietary 
(4.8.66) medicinal 
products yes yes yes yes yes yes yes yes yes yes 1.1.91 
66/722 Preservatives 
(30.6.67) yes yes yes yes yes yes yes yes yes yes yes 
67/427 Preservatives 
(1.3.68) yes yes yes yes yes yes yes yes yes yes yes 
67/530 Freedom of esta-
(26.1.68) bllshment -
farmers yes yes yes yes yes yes yes yes yes yes 
67/531 Agricultural 
(26.1.68) leases yes yes yes yes yes yes yes yes yes yes 
67/532 Cooperatives 
(26.1.68) yes yes yes yes yes yes yes yes yes yes 
67/653 Colouring matters yes 
(1.1.68) yes yes yes yes yes yes yes yes yes yes 
67/654 Freedom of esta- yes 
(24.6.68) bllshment - forestry yes yes yes yes yes yes yes yes yes yes 
68/192 Freedom of access yes 
(11.10.68) to credit for 
farmers yes yes yes yes yes yes yes yes yes 
- 112 -
Directive Subject DK UK EL IRL NL 
68/365 Freedom of esta- yes 
(17.4.69) bllshment - food 
industries yes yes yes yes yes yes yes yes yes yes 
68/366 Food industries yes 
(17.4.69) yes yes yes yes yes yes yes yes yes yes 
68/367 Freedom of esta- yes 
(17.4.69) blishment - personal 
services yes yes yes yes yes yes yes yes yes yes 
68/369 Personal services yes 
(17.4.69) yes yes yes yes yes yes yes yes 
68/415 Freedom of access to yes 
(20.6.69) aid for farmers yes yes yes yes yes yes yes yes yes 
69/77 Activities of self- yes 
(5.3.69) employed in process­
ing Industries yes yes yes yes yes yes yes yes yes 
69/82 Activities of self- yes 
(14.9.69) employed in explor­
ation yes yes yes yes yes yes yes yes yes yes 
70/451 Freedom of estab- yes 
(2.4.71) lishment in film 
production yes yes yes yes yes yes yes yes yes 
71/18 Freedom of esta- yes 
(18.6.71) bllshment - agri­
culture and horticulture yes yes yes yes yes yes yes yes yes yes 
71/160 Preservatives 
(1.10.71) yes yes yes yes yes yes yes yes yes yes yes yes 
- 113 -
Directive Subject DK UK EL IRL NL 
71/305 Public works 
(29.7.72) contracts yes yes A/316/89 
n.p.a. 
Case 243/39 yes yes A110/88 
n.p.i. 
Case 
299/89 A/342/88 
n.p.a 
r.o. 
A519/88 
n.p.a. 
Case 
194/88 
A163/88 
n.p.a. 
r.o. yes yes A406/87 yes 
n.p.a 
r.o. 
71/319 Meters for liquids yes 
(29.1.73) other than water yes yes yes yes yes yes yes yes yes yes 
71/320 Motor vehicles 
(30.1.73) yes yes yes yes yes yes yes yes yes yes yes yes 
71/347 Measuring of grain yes 
(15.4.73) yes yes yes yes yes yes yes yes yes yes 
71/348 Meters for liquids yes 
(15.4.73) other than water yes yes yes yes yes yes yes yes yes yes 
71/349 Calibration of tanks yes 
(15.4.73) of vessels yes yes yes yes yes yes yes yes yes yes 
72/277 Public works 
(1.1.81) contracts yes yes yes yes yes A110/88 
n.p.i. 
Case 
299/89 yes yes yes yes 
- 114 -
Directive Subject DK UK EL IRL NL 
72/23 Low voltage 
(21.8.74) equipment yes yes yes yes yes yes yes yes yes yes yes yes 
73/148 Movement and 
(23.11.73) residence A373/86 yes 
n.p.a. 
r.o. yes yes yes yes yes yes yes A/382/87 
n.p.a. 
Case 
68/89 
73/241 Cocoa and chocolate yes 
(21.7.74) yes yes yes yes yes yes yes yes yes yes 
73/350 Motor vehicles yes 
(1.1.81) yes yes yes yes yes yes yes yes yes 
73/361 Marking of wire- yes 
(1.1.81) ropes and chains yes yes yes yes yes yes yes yes yes 
73/405 Anionic surfactants yes yes 
(27.5.75) yes yos yes yes yes yes yes yes yes \ 
^ 
73/437 Sugars 
(13.12.75) yes yes yes yes yes yes yes yes yes yes yes 
74/394 Preservatives yes yes yes yes yes yes yes 
(1.1.74) yes yes yes yes 
74/409 Honey 
(23.7.76) yes yes yes yes yes yes yes yes yes yes yes 
75/34 Right to remain A373/86 yes 
(18.12.75) n.p.a. 
r.o. yes yes yes yes yes yes yes yes yes 
75/35 Movement and 
(18.12.75) residence yes yes yes yes yes yes yes yes yes yes 
- 115 -
Directive Subject DK UK EL IRL NL 
75/106 Prepackaged liquids yes 
(31.12.79) yes yes yes yes yes yes yes yes yes yes 
75/107 Bottles used as yes 
(20.6.76) measuring containers yes yes yes yes yes yes yes yes yes yes 
75/155 Cocoa and chocolate yes yes yes 
(1.7.75) yes yes yes yes yes yes yes yes 
75/318 Proprietary medic- yes 
(22.11.76) inal products yes yes yes yes yes yes yes yes yes 1.1.91 
75/319 Proprietary medic- yes 
(22.11.76) Inal products yes yes yes yes yes yes yes yes yes yet 1.1.91 
75/324 Aerosols 
(1.1.81) yes yes y«t yes yes yes yes yes yes yes X X 
^ 75/362 Doctors 
(20.12.76) yes yes yes yes yes yes yes yes yes yet 
75/363 Doctors 
(20.12.76) yes yes yes yes yes yes yes yes yes yes yet 
75/368 Freedom of esta- yes 
(18.6.76) bllshment - various 
activities yes yes yes yes yes yes yes yet yet yst 
75/726 Fruit juices 
(19.11.76) yes yes yes yes yes yes yes yes yet yet yet 
76/116 Fertilizers 
(19.12.77) yes yes yes yes yes yes yes yes yet yet yet 
- 116 -
Directive Subject DK UK EL IRL NL 
76/117 Electrical equipment yes 
(8.8.80) yes yes yes yes yes yes yes yes yes yes 
76/211 Packaged products yes 
(31.12.79) yes yes yes yes yes yes yes yes yes yes 
76/399 Colouring matters yes 
(31.12.77) yes yes yes yes yes yes yes yes yes yes 
76/434 Marking of wire- yes 
(1.1.81) ropes and chains yes yes yes yes yes yes yes yes yes 
76/462 Preservatives 
(31.12.78) yes yes yes yes yes yes yes yes yet yes yes 
76/463 Preservatives 
(5.5.78) yes yes yes yes yes yes yes yes yes yes yes 
76/628 Cocoa and chocolate yes 
(29.7.83) yes yes yes yes yes yes yes yes yes yes 
76/756 Motor vehicles 
(1.10.77) yes yes yes yes yes yes yes yes yes yes 
76/765 Alcoholometers and yes 
(2.8.78) alcohol hydrometers yes yes yes yes yes yes yes yes yes yes 
76/766 Alcohol tables 
(2.8.78) yes yes yes yes yes yes yes yes yet yes yes 
76/767 Pressure vessels yes 
(1.1.81) yes yes yes yes yes yes yes yes yes yes 
76/891 Electrical energy yes 
(1.1.81) meters yes yes yes yes yes yes yet yet yes 
- 117 -
Directive Subject DK UK EL IRL NL 
77/62 Pub I le supply 
(22.6.78) contracts yes yes yes yes yes A382/84 
n.p.a. 
Case 
84/86 A466/85 
n.p.a 
Judgment 
5.12.89 
Case 3/88 
A/28/89 
n.p.a. 
r.o. yes yes yes A422/87 
n.p.a. 
Case 
247/89 
77/212 Motor vehicles yes 
(1.1.81) yes yes yes yes yes yes yes yet yet yet 
77/249 Lawyers 
(24.3.79) yes A/56/83 
n.p. I 
Judge­
ment 
25.2.88 
Case 
427/88 
A/367/89 
n.p.>. 
169 letter 
(Art.171) yes yes A/450/84 yes 
n.p. i 
Case 
294/89 yes yes yes yet yet yet 
\ 
77/313 Measuring systems 
(6.10.78) for liquids yes yes yes yes yes yes yes yes yet yet yes 
77/452 Nurses 
(29.6.79) yes yes yes yes yes yet yet yet yet 
77/453 Nurses 
(29.6.79) yes yes yes yes yes yes yes yet yet yet 
77/535 Analysis of fartiI-
(19.12.77) Izers yes yes yes yes yes yes yes yes yet yet yes 
77/536 Tractors 
130.12.78) yes yes yes yos yes yes yes yet yet yet yet 
- 118 -
Directive Subject DK UK EL IRL NL 
79/25 Colouring matters 
(15.6.79) for medicinal 
products yes yes yes yes yes yes yes yes yes yes yes 
78/142 Materials intended 
(26.11.79) to come Into 
contact with 
foodstuffs yes yes yes yes yes yes yes yes yes yes yes 
78/143 Antioxidants 
(1.2.79) yes yes yes yes yes yes yes yes yes yes yes 
78/144 Colouring 
(1.2.79) matters yes yes yes yes yes yes yes yes yes yes yes 
78/420 Proprietary yes 
(3.5.78) medicinal products yes yes yes yes yes yes yes yes yes yes 
78/609 Cocoa and chocolate yes 
(5.7.81) yes yes yes yes yes yes yes yes 
78/612 Foodstuffs 
(5.7.80) yes yes 
yes yes yes yes yes yes yes yes yes yes yes 
78/663 Foodstuffs 
(31.1.80) yes yes yes yes yes yes yes yes yes yes yes 
78/664 Antioxidants 
(31.1.80) yes yes yes yes yes yes yes yes yes yes yes 
78/669 Public works 
(02.2.79) contracts yes yes yes yes yes A/110/88 yes 
n.p.I. 
Case 
299/89 yet yet yes 
T^ 78/686 Dentists 
(28.1.80) yes yes yes yes yes yes yes yet yet yes yes 
- 119 -
Directive Subject B D DK Ë F UK EL î ÏRL L NL P 
78/891 Prepackaging yes yes yes yes yes yes yes yes yes yet yet 
(1.1.80) 
78/1015 Motor yes yes yes yes yes yes yes yes yes yes yes 
(1.1.81) vehicles 
78/1026 Veterinery yes yes yes yes yes yes yes yes yes yes 
(21.12.80) surgeons 
78/1027 Veterinary yes yes yes yes yes yes yes yes yes yes yes 
(21.12.80) surgeons 
78/1031 Weight grading yes yes yes yes yes yes yes yes yet yet yet 
(7.6.80) machines 
79/138 Analysis of yes yes yes yes yes yes yes yes yes yes yes 
(1.4.79) fertilizers 
79/168 Fruit juices yes yes yes yes yes yes yes yes yes yes 
(1.7.80) 
79/196 Electrical yes yes yes yes yes yes yes yes yes yes yes 
(8.8.80) equipment 
79/830 Hot-water yes yes yes yes yes yes yes yes yes yes yes 
(1.1.82) meters 
79/1005 Prepackaged yes yes yes yen yes yes yes yes yes yes yet 
(1.1.81) liquids 
80/154 Midwives yes yes yes yes yes yet yet 
(23.1.83) -A 
Va 
- 129 -
Directive Subject DK UK EL IRL NL 
80/155 Midwives 
(23.1.83) yes yes yes A/225/88 
n.p. i 
Case 
313/89 yes yes yes yes yes 
80/232 Prepackaged 
(15.1.82) products yes yes yes yes yes yes yes yes yes yes 
80/597 Foodstuffs 
(1.6.82) yes yes yes yes yes yes yes yes yes yes yes 
80/720 Tractors 
(27.12.81) yes yes yes yes yes yes yes yet yet yet yet 
80/766 Articles intended to yes 
(11.1.82) come into contact 
with foodstuffs yes yes yes yes yes yes yes yet yet yet 
89/767 
(1.1.81) Pub Iic supply 
contracts yes yes yes yes yes yes yes yes yes yes 
s3 80/777 Mineral 
(17.7.84) waters yes yes yes yes yes yes yes yes yes yes yes 
80/781 Dangerous 
( .1.84) preparations yes yes yes yss yes yes yes yes yes yes yes 
80/876 Straight 
(16.1.82) fertilizers yes yes yes yes yes yes yet 
80/891 Eruclc acid content yes 
(1.2.82) In oils and fats yes yes yes yes yes yes yes yet yet yet 
- 121 -
Directive Subject B D DK L F ÛK EL ï ÏRL L" NL P 
80/1273 Midwives yes yes yes yes yes yes yes 
(23.1.83) 
81/20 Colouring matters yes yes yes yes yes yes yes yes yes yes yet 
(1.7.81) for use in foodstuffs 
81/214 Preservatives for yes yes yes yes yes yes yes yes yes yes yes 
(1.7.81) use In foodstuffs 
81/432 Foodstuffs yes yes yes yes yes yes yes yes yes yes yes 
(1.10.82) 
81/464 Colouring matters yes yes yes yes yes yes yes yet yet yet yet 
(1.10.81) added to medicinal 
products 
81/487 Fruit juice yes yes yes yes yes yes yes yes yes yes 
(1.7.83/ 
1.7.84) 
81/712 Additives in yes yes yes yes yes yes yes yes yes yes yes OO 
(20.2.83) foodstuffs - —» 
criteria of purity 
81/851 Veterinary yes yes yes yes yes yes yes yes yes yes yes 
(9.10.83) medicinal products 
81/852 Veterinary yes yes yes yes yes yes yes yes yes yes yes 
(9.10.83) medicinal products 
81/916 Paints, varnishes, yes yes yes yes yes yes yes yes yes yes yes 
(1.7.83) inks and adhesives 
81/962 Antioxidants yes yes yes yes yes yes yes yes yet yet yet 
(1.12.82) X 
- 122 -
Directive Subject DK UK EL IRL NL 
81/1057 Doctors, nurses, 
(30.6.82) dentists and 
veterinary surgeons yes yes yes yes yes yes yes yes yes yes yes 
82/76 Doctors 
(31.12.82) yes yes yes A6/84 
n.p.I. 
Judgement 
7.7.87 
Case 49/86 
A88/112 
n.p.I. 
Case 
236/89 yes yes yet yet 
82/242 Biodegradabillty 
(8.10.83) of surfactants yes yes yes yes yes yes yet A/378/84 
n.m.n. 
Judgement 
2.3.88 
Cate 
309/86 
A/202/89 
n.m.n. 
169 letter 
(Art. 171) yet yet yet yet 
X 
<N) 
82/243 Biodegradabillty 
(8.10.83) of surfactants yes yes yes yes yes yes yes 4/379/84 
n.m.n. 
Judgement 
2.3.88 
Case 
309/86 
A/203/89 
n.m.n. 
169 letter 
(Art. 171) yet yet yet 
- 123 -
Directive Subject DK UK EL IRL NL 
82/470 Services 
(2.1.84) incidental to 
transport A123/85 
n.p.i. 
Judgement 
21.6.88 
Case 
283/86 
A/355/89 
n.p.I. 
169 letter 
(Art. 171) yes yes yes A127/85 
n.m.n. 
Case 
306/89 A126/85 
n.m.n. 
Judgement 
12.7.88 
Case 
310/86 
A/362/89 
n.m.n. 
169 letter 
(Art. 171) yes yes yes yes 
83/473 Solvents 
(1.1.84) yes yes yes yes yes yes yes yes yet yes yes 
82/489 Hairdressers 
(23.1.84) yes yes yes yes yet yet yet yet 
82/499 Radio 
(1.12.84) Interference yes yes yes yes yes yes yes yes yet yet yes 
82/504 Foodstuffs 
(1.1.84) yes yes yes yes yes yes yes yes yet yes yet 
82/621 Electrical 
(1.1.83) energy meters yes yes yes yes yes yes yes yes yet yet yet 
82/624 Alcoholometers and yes 
(1.5.83) alcohol hydrometers yes yes yes yes yes yes yes yet yes yet 
82/625 Measuring systems yes 
(1.5.83) for liquids other 
than water yes yes yes yes yes yes yes yes yet yet 
82/711 Articles In contact yes 
with foodstuffs yes yes yes yes yes yes yes yet yet yet 
124 -
Directive Subject DK UK EL IRL NL 
82/712 Antioxidants 
(30.6.84) yes yes yes yes yes yes yes yet yet yet 
82/806 Dangerous 
(25.11.83) substances yes yes yes yes yes yes yes yes yes yes 
82/890 Tractors 
(21.6.84) yes yes yes yes yes yes yes yes yet yet yet yet 
82/953 Tractors 
(30.9.83) yes yes yes yes yes yes yes yet yet yet yet 
83/128 Clinical 
(1.1.86) thermometers yes yes yes yes yes yes A194/86 
n.m.n. 
Case 
99/88 yet yet yet 
83/189 Technical 
(31.3.84) standards A/276/87 A341/88 yes yes 
n.p.a. 
r.o. 
A/407/88 
n.p.a. 
r.o. n.p.a 
r.o. yes yes A/387/87 
n.p.a. 
Case 
29/89 
A/410/88 
n.p.a. 
r.o. yet A/420/88 A/80/89 A/418/88 
n.p.a. 
r.o. n.p.a. n.p.a. 
r.o. r.o. 
X 
A/424/88 
n.p.a. 
r.o. 
- 125 -
Directive Subject DK UK EL IRL NL 
83/189 
(continuation) A/18/89 
n.p.a. 
r.o. 
A/33/89 
n.p.a. 
r.o. 
A/95/89 
n.p.a. 
r.o. 
A/99/89 
n.p.a. 
r.o. 
83/190 Tractors 
(30.9.83/ 
1.10.83) yes yes yes yes yes yet yet yet yet yet yet 
83/229 Materials and art- yes 
(1.1.86) Icles in contact 
with foodstuffs yes yes yes yes yes yet yet yet yet 
83/265 Paint, varnishes, yes 
(19.5.84) inks and adhesives yes yes yes yes yes yes yes yes yes yet 
83/417 
(1.8.85) Lactoproteins yes yes yes yes yes yes yes yet yet yet yet 
83/463 Labelling of 
(1.7.84) foodstuffs yes yes yes yes yes yes yet yes yet yet 
- 126 -
Directive Subject DK UK EL IRL NL 
83/478 Dangerous 
(21.3.86) substances yes yes yes yes yes yes yes yes yes yes yes 
83/570 Proprietary yes 
(31.10.85) medicinal products yes yes yes yes yes yes yes yes yes yes 
83/575 Measuring 
(31.12.84) Instruments yes yes yes yes yes yes yes yes yes yet 
83/635 Preserved 
(1.1.86/ milk 
1.1.87) yes yes yes yes yes yes yes yes yes yes 
84/47 Electrical 
(1.1.85) equipment yes yes yes yes yes yes yes yes yes yes yes 
84/291 Pesticides 
(30.4.85) yes yes yes X«« yes yes yes yes yes yet yet 
84/372 Sound level of 
(1.10.84) motor vehicles yes yes yes yes yes yes yes yes yes yes yet yet 
X 
84/414 Thermometers 
(1.1.86) yes yes yes yes yes yes A199/86 
n.m.n. 
Judgment 
12.7.88 
Case 
326/87 yes yet yes 
84/500 Ceramic articles A/460/88 
(17.10.87) In contact with n.m.n. 
foodstuffs 169 letter yes yes yes yes yes yes yes yes yet yes 
- 127 -
Directive Subject DK UK EL IRL NL 
84/525 Seamless steel 
(26.3.86) gas cylinders yes yes yes yes yes yes yes yes yes A/35/87 
n.m.n. 
Case 
271/89 yes 
84/526 Aluminium 
(26.3.86) gas cylinders yes yes yes yes yes yes yes yes yet A/278/87 yet 
n.m.n. 
Cate 
273/89 
84/527 Welded una Iloyed yes 
(26.3.86) steel gas cylinders yes yes yes yes yes yes yes yet A/279/87 yet 
n.m.n. 
Cate 
275/89 
84/528 Lifting and mechan- yes 
(26.9.86) ical handling 
appllances yes yes yes yes yes yes yes yet yet yes 
84/529 Lifts 
(26.9.86) yes yes yes yes yes yes yes yes yes yes yes 
84/532 Construction plant yes 
(26.3.86) and equipment yes yes yes yes yes yes yet yet yes 
84/539 Electro-medical 
(26.9.86) equipment used 
in medicine A/12/87 
n.m.n. 
Case 
311/89 yes yes yes yes yes yes yet yet A/41/87 
n.m.n. 
Cate 
310/89 
85/1 Units of 
(1.7.85) measurements yes yes yes yes yes yes yes yes yes yet yet yes 
85/10 Prepackaged 
(20.12.85) liquids yes yes yes yes yes yes yes yes yet yet yet 
- 128 -
Directive Subject DK UK EL IRL NL 
85/146 Measures of 
(1.1.86) length yes yes yes yes yes yes yes yes yes yes yes yes 
85/205 Motor vehicles 
(1.10.85) yes yes yes yes yes yes yes yes yet yet yes yet 
85/374 Defective 
(30.7.88) products A/145/89 A148/89 yes 
n.m.n. 
169 
letter n.m.n. 
169 
letter A/146/89 yes 
n.m.n. 
169 
letter yes yes A/150/89 
n.m.n. 
169 
letter A151/89 yet 
n.m.n. 
169 
letter 
85/384 Architects 
(5.8.87) A/506/88 
n.m.n. 
169 
letter yes yes yes yes A/387/88 
n.m.n. 
169 
letter A507/88 
n.m.n. 
169 
letter yes yes yes yet 
85/432 Pharmacists 
(1.10.87) yes yes yes yes yes yes A/253/88 yes 
n.m.n. 
r.o. yet yet 
85/433 Pharmacists 
(1.10.87) A/255/88 yes 
n.m.n. 
r.o. yes yes yes yes A/258/88 
n.m.n. 
r.o. A/259/88 yet 
n.m.n. 
r.o. yet 
85/467 Dangerous 
(30.6.86) substances yes yes yes yes yes yes yes yes yet yet 
yes A/268/88 yes yet yet 
85/503 Cass ins and 
(1.5.87) caselnates yes yes yes yes 
n.m.n. 
r.o. yes yet yet yes yes 
85/573 Coffee and 
(1.1.87) chicory extracts yes yes yes yes A/40/88 
n.m.n. 
169 
letter yes yes yes yet yet yet yet 
- 129 -
Directive Subject DK UK EL IRL NL 
85/584 Pharmacists 
(1.10.87) A/260/88 yes yes 
n.m.n. 
r.o. yes yes yes A/263/88 yes A/264/88 yes yes 
n.m.n. 
r.o. n.m.n. 
r.o. 
85/585 Preservatives 
(1.12.86) yes A/512/87 yes 
n.m.n. 
169 
letter yes yes yes yes A/517/87 yes yet 
n.m.n. 
r.o. 
85/591 Foodstuffs yes 
(23.12.87) Intended for human 
consumption yes yes yes yes yet 
85/610 Dangerous 
(31.12.87) substances yes yes yes yes yes yes yes yes yes yet yet 
85/614 Architects 
(5.8.87) A/508/88 yes 
n.m.n. 
169 
letter yes yes yet yes A/388/88 A/509/88 yes 
n.m.n. n.m.n. 
169 169 
letter letter yet yet 
85/647 Motor vehicles 
(30.9.86) yes yes yes yes yes yes A/438/87 yes yes yes 
n.m.n. 
r.o. yet yet 
X 
Vs> 86/17 Architects 
(6.8.87) A/546/88 yes 
n.m.n. 
169 
letter yes yes yes yes A/389/88 A/547/88 yes 
n.m.n. 
169 
letter n.m.n. 
169 
letter yes yet 
86/94 Detergents 
(31.12.89) yes yes yes yes yes yes yes yes 
86/96 Prepackaged 
(19.9.87) products yes yes yes yes yes yes yes yes yes yet 
86/217 Tyre pressure 
\,v 1.11.87) gauges yes yes yes yes yes yes yes yes yes yes 
- 139 -
Directive Subject DK UK EL IRL NL 
86/295 Construction 
(30.5.89 plant (rops) A/610/89 A/592/89 A/622/89 
n.m.n. 
169 
letter n.m.n. 
169 
letter n.m.n. 
169 
letter A/602/89 yes 
n.m.n. 
169 
letter A/586/89 yes A/804/89 A/618/89 A/596/89 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 169 169 169 
letter letter letter letter 
86/296 Construction 
(30.5.89) plant (fops) A/611/89 A/593/89 A/623/89 
n.m.n. n.m.n. n.m.n. 
169 169 169 
letter letter letter A/603/89 yes 
n.m.n. 
169 
letter A/587/89 yes 
n.m.n. 
169 
letter A/805/89 A/619/89 A/597/89 
n.m.n. n.m.n. n.m.n. 
169 169 169 
letter letter letter 
86/297 Tractors-
(2.1.88- power take-offs 
1.1.95) yes yes yes yes yes yes yet yet yet yet yet 
86/298 Tractors-
(2.6.88) protection 
structures yes yes yes yes yes yes yet yet yes yet yet 
86/312 Lifts 
(27.9.86) yes yes yes yes yes yes yes yes yet yet yet 
86/388 Cellulose film 
(1.4.87) tn contact with 
foodstuffs yes yes yes yes yes yet yet yet yet yet 
X 
86/415 Tractors 
(1.10.87) yes yes yes yes yes yes yes A/78/88 yet 
n.m.n. 
Cate 
250/89 yet 
A/16/89 
n.m.n. 
169 
letter yet 
86/424 Caseins and 
(15.1.88) caseinates 
analysis A/14/89 
n.m.n. 
169 
letter yes yes yes yes yet yet yet yet yet 
86/457 Training In 
(1.1.88- general medical 
1.1.90) practice A/56/89 yêT yes A/53/89 
n.m.n. 
169 
letter yes yes yes yes yes 
n.m.n. 
r.o. yes yet yet 
- 131 -
Directive Subject DK UK EL IRL NL 
86/508 Paints, varnishes yes 
(1.9.87) etc. yes yes yes yes yes yes yet yes yes yes 
86/562 Motor vehicles 
(31.12.86) yes yes yes yes yes yes yes yes yes yes yes yet 
86/604 Preservatives used 
(1.1.88) in foodstuffs 
Intended for human 
consumption yes A/212/89 yes 
n.m.n. 
169 
letter yes yes A/215/89 yes 
n.m.n. 
169 
letter yet A/214/89 yet 
n.m.n. 
169 
letter A/216/89 
n.m.n. 
169 
letter 
86/663 Self-propelled 
(1.1.89) Industrial 
trucks A/612/89 yes 
n.m.n. 
169 
letter A/624/89 yes 
n.m.n. 
169 
letter yes yes A/588/89 A/594/89 A/806/89 A/620/89 A/598/89 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 169 169 169 169 
letter letter letter letter letter 
87/19 Proprietary yes 
(1.7.87) medicinal products yes yes yes yes yet yet yet yet 1.1.91 
87/20 Veterinary 
(1.7.87) medicinal 
products yes yes yes yes yes yes yes A/94/88 yet 
n.m.n. 
r.o. yet yet yet 
87/21 Proprietary 
(1.7.87) medicinal 
products yes yes yes 1.1.92 yee yes 1.1.92 yes yes yet yet 1.1.92 
^ 
* 
87/22 High-Technology yes 
(1.7.87) medicinal products yes yes yes yes yes yet yet yet yet 
87/54 Legal protection 
(7.11.87) of semi-conductor 
topographies A/209/89 yes 
n.m.n. 
169 
letter yes yes yes yes A/449/89 yet 
n.m.n. 
169 
letter yet yet yet yet 
87/56 Sound level 
(1.1.88) of motorcycles yes yes yes y«s yes yes yet yet yet yet yet yet 
- 132 -
Directive Subject DK UK EL IRL NL 
87/76 Motor vehicles -
(1.7.88) air pollution yes yes yes yes yes yes A/379/89 yes 
n.m.n. 
169 letter yes yet yet yet 
87/77 Gaseous polutants yes 
(1.7.88) from diesel 
engines yes yes yes yes yes A/380/89 yes 
n.m.n. 
169 letter yet yet yet yet 
87/94 Straight 
(31.12.87) fertilizers A/229/89 yes 
n.m.n. 
169 letter yes yes yes A/238/89 A/296/89 A/294/89 yet 
n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter A/233/89 yet 
n.m.n. 
169 letter 
87/250 Labelling of 
(1.5.88- alcoholic 
1.5.89) beverages yes yes yes yes A/114/89 yes 
n.m.n. 
169 
letter A/155/89 
n.m.n. 
169 
letter yes yet yet yet 
87/308 Radio interference A/614/89 yes 
(31.12.88- n.m.n. 
31.12.89) 169 
letter yes yes yes yes A/590/89 yes A/608/89 A/616/89 A/600/89 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 169 169 169 
letter letter letter letter 
"yea y^s" y^ yêt A/591/89 yes A/809/89 A/617/89 A/601/89 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 169 169 169 
letter letter letter letter 87/310 Suppression of A/615/89 yes 
(31.12.88- radio interference n.m.n. 
31.12.89) flourescent lights 169 
letter 
87/354 Industrial 
(31.12.87) products -
indications of 
Member States A/396/88 A/398/88 yes 
n.m.n. 
r.o. n.m.n. 
169 
letter yes yes yes yes A/403/88 yet 
n.m.n. 
r.o. yet yet 
87/355 Measuring 
(31.12.87) instruments yes yes yes yes yet yet A/404/88 yet yet yet 
n.m.n. 
r.o. 
87/356 Prepackaged 
(30.6.88) products yes yes yes yes yes yes A/193/89 yet 
n.m.n. 
169 letter yet yet 
- 133 -
Directive Subject DK UK EL IRL NL 
87/358 Motor vehicles 
(1.10.88) type-approval yes yes yes yes yes yes A/377/89 yes 
n.m.n. 
169 letter yes yet yet yet 
87/402 Tractors 
(26.6.89) yes yes yes yes yes yes yes yes yes 
87/403 Motor vehicles 
(1.10.88) type-approval yes yes yes yes yes yes A/378/89 yes 
n.m.n. 
169 letter yes yet yet yet 
87/524 Preserved 
(6.4.89) milk products yes yes yes yes yes yet yet yet yet yet 
87/566 Fertilizers -
(31.10.88) sampling and 
analysis A/230/89 yes 
n.m.n. 
169 
letter y^s yes A/239/89 A/440/89 A/441/89 yet 
n.m.n. 
169 
letter n.m.n. 
169 
letter n.m.n. 
169 
letter A/234/89 yet 
n.m.n. 
169 
letter 
88/182 Technical 
(1.1.89) standards yes yes yes yes yet yet yet yet 
88/183 Fluid fertilizers 
(25.3.89) yes yes yes yet 
X 
88/194 Motor vehicles -
(1.10.88) braking devices yes yes yes yes yes yes A/381/89 A/392/89 yet 
n.m.n. n.m.n. 
169 letter 169 letter yet 
A/382/89 
n.m.n. 
169 
letter yet yet 
88/195 Motor vehicles -
(1.4.88) engine power yes yes yes yes yes yes yet yet yet yet yet 
88/295 Public supply 
(1.1.89) contracts yes yes yes 1.3.92 yes yes 1.3.92 A/449/89 yet 
n.m.n. 
169 
letter yet A/580/89 1.3.92 
n.m.n. 
169 
letter 
- 134 -
Directive Subject DK UK EL IRL NL 
88/297 Tractors-
(31.12.88) type approval yes yes yes yes yes yes yes yet yet yet 
88/316 Prepackaged 
(30.6.88) liquids yes yes yes yes A/191/89 yes 
n.m.n. 
169 
letter yes A/194/89 A/196/89 yet yet 
n.m.n. n.m.n. 
169 169 
letter letter yet 
88/320Good laboratory 
(1.1.89) practice yes yes yes yet yet 
88/366 Motor vehicles -
(1.10.88) field of vision yes yes yes yes yes yet A/383/89 A/393/89 yet 
n.m.n. n.m.n. 
169 169 
letter letter yet yet yet 
88/388 Flavourings 
(30.12.89) 
88/410 
(30.9.88) Tractors yes yes yes yes yes yes A/384/89 
n.m.n. 
169 
letter yet yet yet 
88/411 Tractors - yes 
(30.9.88) steering equipment yes yes yes yes yes A/385/89 
n.m.n. 
169 
letter yet yet yet 
88/412 Tractors -
(30.9.88) speed yes yes yes yes yes yet A/386/89 
n.m.n. 
169 
letter yes yet yet 
88/413 Tractors -
(30.9.88) roll-over 
protection yes yes yes yes yes yet A/387/89 
n.m.n. 
169 
letter yet yet yet 
- 135 -
Directive Subject DK UK EL IRL NL 
88/414 Tractors 
(30.9.88) yes yee yes yes yes yes A/388/89 
n.m.n. 
169 
letter yet yet yet 
88/436 Restriction of 
(1.10.88) pollutant emissions 
from diesel engines yes yes yes yes yes A/389/89 yes 
n.m.n. 
169 
letter yet yet yet yet 
88/465 Tractors 
(30.9.88) yes yes yes yes yet yes A/390/89 
n.m.n. 
169 
letter yet yet yet 
88/571 Electrical 
(31.12.89) equipment yes yet 
88/593 Jams, jellies 
(1.1.89) and marmalades 
89/105 Pricing of 
(31.12.89) medicinal 
products X 
89/173 Tractors 
(31.12.89 yes yes yet yet 
89/235 Motorcycles 
(30.4.89) sound level yes yes yet yet yet yet 
89/240 Self-propelled 
(1.1.89) industrial 
trucks A/613/89 
n.m.n. 
169 
letter yes A/625/89 yes 
n.m.n. 
169 
letter yet yet A/589/89 A/595/89 A/807/89 A/621/89 A/599/89 
n.m.n. 
169 
letter n.m.n. 
169 
letter n.m.n. 
169 
letter n.m.n. 
169 
letter n.m.n. 
169 
letter 
89/277 Motor vehicles 
(30.9.89) yes yes yes yes yet yet yet yet 
-136-
DI recti ve Subject i D DK Ë F UK EL Ï IRL L NL P 
89/278 Motor vehicles yes yes yes yes yes yes yes yes 
(30.9.89) 
89/297 Motor vehicles yes yes yes yes yes yes yet yet yet yet 
(30.10.89) 
89/344 Cocoa and yes 
(1.1.88) chocolate 
89/516 Motor vehicles yes yes yes yes yes 
(31.12.89) Ts 
89/517 Motor vehicles yes yes yes yes yet 
(31.12.89) 
89/518 Motor vehicles yes yes yes yet yet 
(31.12.89) 
X 
Competition -137-
Directlve Subject DK E UK EL IRL L NL P 
88/301 Telecommunications 
(31.12.88) terminal equipment yes yes yes yes yes yes yet yet 
X 
-138-
Dlrectlve Subject DK UK EL IRL NL 
Financial institutions and company law 
69/335 
(1.1.72) Raising of 
capital yes yes yes yes yes yes yes yet yet yet yet 
72/166 Insurance 
(16.12.73) against civil 
liability 
(Green card) yes yes yes yes yes yes yes A/485/87 yes yes 
n.p.a 
r.o. yet yet 
73/79 
(1.1.76) Capital duty yes yes yes yes yes yes yes yet yes yet yet 
72/239 Taking up of 
(31.1.75) business of 
direct insurance yes yes yes yes yes yes yes yes yet yet yet yet 
77/91 Company low 
(16.12.78) A/404/86 
n.p.a. 
r.o. yes yes yes yes yes yes yet yet yet yet 
77/799 Mutual 
(1.1.79) assistance yes yes yes yes yes yes yes yes yes yet yet 
^ 
u^ 
o^ 78/473 Commun i ty yes 
(2.12.79) co-Insurance A/126/83 A/57/82 yes 
n.p.I. n.p.I. 
Judgment Judgment 
4.12.86 4.12.86 
Case Case 
205/84 252/83 A/265/81 yes 
n.p.i. 
Judgment 
4.12.86 
Case 
220/83 yes yes A/127/83 yet 
n.p.i. 
Judgment 
4.12.86 
Cate 
206/84 yet yet 
-139-
Dlrectlve Subject DK UK EL IRL NL 
78/660 Annual accounts yes 
(31/1/82) of companies yes yes yee yes yes A/306/82 
n.m.n. 
Judgment 
20.3.86 
Case 17/85 
A/433/88 
n.m.n. 
169 letter 
(Art. 171) yet yet yet yet 
78/855 
(12.10.80) Mergers A/129/86 
n.m.n. 
Judgment 
11.5.89 
Case 
46/88 yes yes yes yes yes yes A/133/86 
n.m.n. 
(delete) 
Cate 
90/88 yet yet yet yet 
79/279 
(30.6.83) Admission to 
official 
listing A/9/84 
n.m.n. 
Judgment 
12.2.87 
Case 
390/85 
A/167/89 
n.m.n. 
169 letter 
(Art. 171) yes yes yes yes yes yet yes yet yet 
79/1070 
(1.1.81) Mutual 
assistance yes yes yes yes yes yet yet yet yet yet 
-149-
Dlrectlve Subject DK UK EL IRL NL 
80/390 
(30.6.83) Listing 
particulars for 
admission to 
official listing A/10/84 
n.m.n. 
Judgment 
12.2.87 
Case 
390/85 
A/168/89 
n.m.n. 
169 letter 
(Art. 171) yes yes A/338/86 yes 
n.p.I. 
r.o. yes yes yet yet yet 
82/121 
(30.6.83) Regular 
information 
to be pub Iished 
by companies A/11/84 
n.m.n. 
Judgment 
12.2.87 
Case 
390/85 
A/169/89 
n.m.n. 
169 letter 
(Art. 171) yes yes yes yes yet yet yet yet yet 
82/891 
(1.1.86) Division of 
public limited 
liability 
compan i es A/129/86 
n.m.n. 
Judgment 
11.5.89 
Cass 
46/88 yes yes yes yes yes A/133/86 
n.m.n. 
Cate 
90.88 yet yet yet yet 
83/349 
(1.1.88) Consol(dated 
accounts A/319/89 
n.m.n. 
169 
letter A/379/87 A/320/89 yes yes 
n.p. i 
r.o. n.m.n. 
169 
letter A/323/89 
n.m.n. 
169 
letter yes A/321/89 
n.m.n. 
169 
letter A/322/89 yet 
n.m.n. 
169 
letter yet A/314/89 
n.m.n. 
169 
letter 
84/5 
(1.1.88) Insurance 
against civ!I 
liability A/170/89 yes 
n.m.n. 
169 
letter yes yes yes yes A/200/89 A/171/89 yet 
n.m.n. 
169 
letter n.m.n. 
169 
letter A/172/89 yet 
n.m.n. 
169 
letter 
-141-
Dlrectlve Subject DK UK EL IRL NL 
84/253 Audits of 
(1.1.88) accounting 
documents yes yes yes yes A/327/89 yes 
n.m.n. 
169 
letter A/326/89 
n.m.n. 
169 
letter yes A/328/89 yes 
n.m.n. 
169 
letter 
84/641 Tourist 
(30.6.87) assistance yes yes yes yes yes yes A/177/89 A/178/89 
n.m.n. n.m.n. 
169 169 
letter letter yet A/179/89 yet 
n.m.n. 
169 
letter 
85/303 Indirect taxes yes 
(1.1.86) on capital yes yes yes yes yes yet yet yet yet 
85/611 
(1.1.89) Undertakings for 
collective 
investments 
(UCITS) yes yes yes yes yes yet yet yet 
88/220 
(1.1.89) Undertakings for 
collective 
investments 
(UCITS) yes yes yes yes yes yet yet yet ^ 
Q-
^ 
88/357 
(30.6.90) Direct 
insurance 
-142-
Directive Subject DK E UK EL IRL NL 
Employment, social affairs and education 
68/360 Movement and A/373/86 yes 
(15.7.69) residence of n.p.a. 
workers r.o. yes yes yes yes yes yes yes A/382/87 
n.p.a. 
(delete) 
Cate 
68/89 yes 
75/129 Collective yes 
(19.2.87) redundancies yes yes yes yes yes yes A/45/78 
n.m.n. 
Judgment 
8.6.82 
Case 
91/81 
A/102/83 
n.m.n. 
Judgment 
6.11.85 
Cate 131/84 yes yet yet yet 
76/207 Equal treatment yes 
(12.8.78) for men 
and women yes yes yes A/144/85 
n.p.I. 
Judgment 
25.10.88 
Case 
312/86 
A/312/84 
n.p.i. 
Judgment 
30.6.88 
Case 
318/86 
A/350/89 
n.p.I. 
169 
letter A/260/85 
n.p.i. 
169 
letter 
(Art. 171) 
A/131/80 
n.p.i. 
Judgment 
8.11.83 
Cate 
165/82 
A/84/82 
n.p.i. 
(delete) 
Case 
(Art. 171) 202/89 
A/143/85 
n.p. i. 
(delete) 
Case 202/89 yes yet yet yet yet yet 
X 
-143-
Directive Subject DK E UK EL IRL NL 
77/187 Transfers yes 
(16.2.79) of businesses yes yes yes yes yes yes A/462/87 yes 
n.p.I. 
r.o. yes yet yet 
A/24/82 
n.p.I. 
Judgment 
10.7.86 
Cate 
235/84 
79/7 
(22.12.84) Equal treatment 
for men and 
women A/324/87 
n.p.a. 
(delete) 
Case 
229/89 yes yes yes yes yee yes yet 
rv.p-a-
K.O 
80/987 
(22.10.83) Protection of 
empIoyeet In 
the event of 
the insolvency 
of the employer yes yes yes yes yes yes A/116/86 A/118/85 
n.p.i. n.p.i. 
(delete) Judgment 
Case 2.2.89 
53/88 Cate 
22/87 V^ yet yet yet 
80/1107 Protection of yes 
(4.12.83/ workers -
4.12.84 chemical, 
physical and 
biological agents yes yes yes yes yes yes yes yes yet yet yet 
X 
82/605 
(1.1.86) Protection of 
workers from 
exposure to 
metallic lead yes yes yes yes yet yet yes A/66/87 
n.m.n. 
(delete) 
Case 
290/88 yet yet yet yet 
83/477 
(1.1.87) Protection of 
workers from 
exposure to 
asbestos yes yes yes yes yes yfi yes A/459/87 
n.m.n. 
(delete) 
Cate 
240/89 MS yet yet yet 
-144-
Directive Subject DK UK EL IRL NL 
86/378 
(30.7.89) Equal treatment 
for men and 
women yes yes yes yes yes 
86/613 
(30.6.89) Equal treatment 
for men and 
women yes yes yes yes yes yes yes yes yet 
88/35 
(1.1.88) Electrical 
equipment for 
use in mines 
susceptible to 
firedamp yes yes A/459/89 
n.m.n. 
169 
letter A/460/89 A/461/89 A/462/89 A/463/89 
n.m.n. 
169 
letter n.m.n. 
169 
letter n.m.n. 
169 
letter n.m.n. 
169 
letter A/464/89 A/465/89 
n.m.n. n.m.n. 
169 169 
letter letter 
V 
X 
-£ 
-145-
Directive Subject DK UK EL IRL NL 
Environment, consumer protection and nuclear safety 
71/307 Textile 
(29.1.73/ 
1.7.73) yes yes yes yes yes yes yes yes yet yes yet yet 
72/276 Analysis of yes 
(10.1.74) fibres yes yes yes yes yes yes yes yes yes yes yet 
73/44 Analysis of 
(27.8.74) fibres yes yes yes yes yes yes yes yes yet yet yet yet 
75/439 
(18.6.77) Disposal of 
waste oiIs A/98/79 
n.m.n. 
Judgment 
2.2.82 
Case 
70/81 
A/170/84 
n.m.n. 
Judgment 
14.1.88 
Case 
229/85 
A/108/87 
n.p.a. 
Case 
162/89 yes yes yes yes A/419/86 
n.p.a. 
(delete) 
Case 
366/89 yet yet yet 
75/440 
(18.6.77) Surface 
water A/345/87 A/372/87 yes A/81/88 A/349/87 yes A/347/87 yes 
n.p.i. n.p.a. n.p.a. n.p.i. n.p.i. 
(delete) (delete) (delete) r.o. r.o. 
Case Case Case 
290/89 58/89 21/89 yet yet yet 
-146-
Directive 
75/442 
(18.7.77) 
76/160 
(10.12.77) Subject 
Waste 
Bathing 
water B 
A/102/78 
n.m.n. 
Judgment 
2.2.82 
Case 
69/81 
A/171/84 
n.m.n. 
Judgment 
14.1.88 
228/85 
A/109/87 
n.p.a. 
(delete) 
Case 
162/89 
A/71/88 
n.p.a. 
r .o. 
yes D 
yes 
A/393/87 
n.p.a. 
r .o. DK 
yes 
yes E 
yes F 
yes 
yes UK 
yes 
A/84/86 
n.p.a. 
r .o. 
A/214/86 
n.p.a. 
r .o. EL 
yes 
A/315/87 
n.p.a. 
r.o. I 
A/284/87 
n.p.a. 
(delete) 
Case 
48/89 
A/239/88 
n.p.a. 
r.o. 
A/356/87 
n.p.1. 
r.o. IRL 
yes 
yes L 
yes 
yes NL 
yes 
yes P 
-147-
Directive Subject DK UK EL IRL NL 
76/403 
(9.4.78) Disposal of 
PCBs and PCTs A/94/79 
n.m.n. 
Judgment 
2.2.82 
Case 
71/81 yes yes yes yes yes yes A/285/87 
n.p.a. 
(delete) 
Case 
48/89 yes yes yes 
A/172/84 
n.m.n. 
Judgment 
24.1.88 
Case 
230/85 
A/110/87 
n.p.a. 
(delete) 
Case 
162/89 
76/464 
(15.3.77) Pollution -
dangerous 
substances 
in the sea A/289/88 yes 
n.p.a. 
r.o. yes yes yes yes yes yet yet yet yet 
76/579 
(3.6.80) Health -
ionizing 
radiation yes yes yet 
76/768 
(31.12.80) Cosmetics yes yes yes A/371/87 A/390/86 yes 
n.p.a. 
r.o. n.p.i. 
r.o. A/421/86 yet 
n.p.i. 
r.o. yet yet yet yet 
-148-
Directive Subject DK UK EL IRL NL 
78/176 
(22.2.79) Waste from 
the titanium 
dioxide 
industry A/135/79 
n.m.n. 
Judgment 
2.2.82 
Case 
68/81 
A/169/84 
n.m.n. 
Judgment 
14.1.88 
Case 
227/85 
(Art. 171) yes yes yes yes yes yes yes yes yet yes 
78/319 
(22.3.80) Toxic and 
dangerous 
wastes A/169/83 
n.p.i. 
Judgment 
2.12.86 
Case 
239/85 
A111/87 
n.p.a. 
(delete) 
Case 
162/89 yes yes A/81/88 
n.p.a. 
(delete) 
Case 
21/R9 yes yes yes A/286/87 
n.p.a. 
(delete) 
Case 
48/89 yes yet yet 1.1.89 
x: 
XT) 
78/659 
(20.7.80) Qua IIty of 
fresh waters yes yes yes yes yes yes yes A/71/85 
n.p.I. 
Judgment 
12.7.88 
Case 
322/86 yet yet yet 
79/76 
(27.6.79) Analysis 
of fibres yes yes yes yes yes yes yes yes yet yet yes 
-149-
Dlrectlve Subject DK UK EL IRL NL 
79/112 Labelling of 
(22.12.84) foodstuffs yes yes yes yes yes yes A/101/87 
n.p.a. 
(delete) 
Case 
177/89 
A/243/88 
n.p.a. 
r.o. yes yes yes yes 
79/113 
(21.6.80) 
79/343 
(3.6.80) Construction 
plant -
noise emissions yes 
Health 
protection -
ionizing 
radiation yes yes 
yes yes 
yes yes 
y*s yes yes yes yes yes 
yes yes yes yes yet yet yet yet 
yet 
79/370 
(1.7.80) 
79/409 
(6.4.81) Dangerous 
substances yes yes yes 
Conservation of 
wild birds A/118/84 
n.p. i. 
Judgment 
8.7.87 
Case 
247/85 A/119/84 
n.p.I. 
Judgment 
17.9.87 
Case 
412/85 
A/222/86 
n.p.i. 
(delete) 
Case 
288/88 
A/246/87 
n.p.a. 
(delete) 
Case 
57/89 yes yes yes yes yet yet 
yee A/295/88 A/121/84 A/187/87 A/283/88 A/124/84 
n.p.a. n.p.i. n.p.a. n.p.a. n.p.i. 
r.o. Judgment r.o. r.o. Judgment 
27.4.88 13.10.87 
Case Case 
252/85 262/85 
A/501/87 
n.p.a. 
(delete) 
Cate 
157/89 
A/327/87 
n.p.a. 
r.o. A/309/87 yet 
n.p.a. 
r.o. yet yet 
A/125/84 A/324/88 
n.p.i. n.p.a. 
Judgment r.o. 
13.10.87 
Cate 
236/85 
A/400/85 
n.p.i. 
(delete) 
Cate 
339/87 
-159-
Dlrectlve Subject DK UK EL IRL NL 
79/409 
(continued) A/362/87 
n.p.a. 
Case 
57/89 
A/48/89 
n.p.I. 
169 
letter 
(Art. 171) 
79/581 
(20.6.81) Prices of 
foodstuffs A/306/86 yes 
n.p.t. 
r.o. yes yes yes yes yes yet yet yet yet yet 
79/831 
(18.9.81/ 
18.9.83) Dangerous 
substances yes A/339/87 
n.p.a. 
r.o. A/38/84 
n.p.i. 
Judgment 
14.10.87 
Case 
278/85 
79/869 Analysis of 
(11.10.81) surface water A/346/87 
n.p.i. 
(delete) 
Case 
290/89 A/372/87 
n.p.a. 
(delete) 
Case 
58/89 yee y»s yes yes 
A/350/87 yes 
n.p.i. 
r.o. yes. yes yet yet 
A/348/87 yet 
n.p.i. 
r.o. yet yet yet 
yet X 
d 
79/923 Quality of 
(5.11.81) shellfish 
waters yes yes yes yes yes yes yes yes yes yet yet 
80/68 Protection of 
(19.12.81) groundwater A/281/84 
n.p. i. 
Judgment 
17.6.87 
Case 
1/86 
A/291/88 
n.p.i. 
169 
letter 
(Art. 171) A/121/86 
n.p.i. 
(delete) 
Case 
131/88 yes A/81/88 
n.p.a. 
(delete) 
Ce»e 
21/E9 yes A/354/88 yes 
n.p.a. 
r.o. A/86/86 
n.p.a. 
(delete) 
Case 
360/87 yet yet A/71/83 
n.m.n. 
Judgment 
17.9.87 
Cate 
291/84 
A/532/88 
n.m.n. 
169 
letter 
(Art. 171) V 
-151-
Dlrectlve Subject DK UK EL IRL NL 
80/778 
(17.7.82) Water for 
human 
consumption A/221/86 
n.p.i. 
(delete) 
Case 
42/89 
A/506/87 
n.p.i. 
Case 
Case 
42/89 A/440/87 yes A/81/88 A/224/86 A/379/87 
n.p.i. n.p.a. n.p.i. n.p.a. 
r.o. (<ie!etc) (delete) (delete) 
Cc-,o Case Case 
21/0'J 287/88 337/89 yes A/363/87 yes 
n.p.a. 
r.o. yet yes 
80/779 
(18.7.82) Air quality yes A/119/86 
n.p.i. 
(delete) 
Case 
361/88 yes yes 
80/836 Hea11 h A/481/88 
(3.12.82) protection n.p.i. 
against ionizing r.o. 
radiation 
(Euratom) yes A/483/88 yes 
n.p. i. 
r.o. A/14/86 
n.p.i. 
r.o. 
yes yes yes A/120/86 yes 
n.p.!. 
r.o. yes 
yes A/225/87 
n.m.n. 
(delete) 
Cate 
246/88 A/486/88 yet 
n.p.i. 
r.o. A/457/86 yet 
n.p.i. 
r.o. 
yet yet 
X 
80/1335 
(31.12.82) Cosmetics yes yes yes yes yes yes yet yet yet yet 
81/75 
(27.2.82) Analysis of 
text!le fibres yes yes yes yes yes yes yet yet yet yet 
81/957 
(1.7.83) Dangerous 
substances yes yes yes yes yes yes yet yet yet yet yet 
81/1051 Noise emission yes 
(14.6.82) of construction 
plant yes yes yes yes yes yes yet yet yet yet 
-152-
Dlrective Subject DK UK EL IRL NL 
82/147 Cosmetics 
(31.12.82) yes yes yes yss yes yes yes yes yet yet yes yet 
82/176 Mercury 
(25.3.84) discharges 
82/232 Dangerous 
(1.7.83) substances 
82/368 Cosmetics 
(31.12.83) yes 
yes yes yes 
yes yes yes 
yes yes yec 
yes yes 
yes yes 
yes 
yes yes yes yet yet yet 
yes yes yet 
yet yet yet 
yet yet 
82/434 Analysis of 
(31.12.83) cosmetic 
products yes 
82/501 Major-accident yee 
(8.1.84) hazards 
82/883 Waste from the yee 
(9.12.84) titanium dioxide 
industry 
82/884 
(9.12.84) Limit value 
for lead in 
the air yes yes yes 
yes yes 
A/36/88 yes 
n.p. !. 
(delete) 
Case 
59/89 yes 
A/219/87 yes yes 
n.p.I. 
r .o. 
v<*« yes 
yee 
yes yes 
yes 
yes 
A/510/87 
n.p.I. 
r.o. yes yes yet yet 
yes 
yes yes yet yet 
yes yet yet yet yet 
yet yet A/457/86 
n.p.I. 
r.o. 
yet 
yet 
83/129 Seal pups 
(1.10.85) yes yes yes y« yes yes yet yet yet yet yet 
83/191 Cosmetics 
(31.12.84) yes yes yes yes yes yes yes yet yet yet yet yet 
-153-
Dlrectlve Subject DK UK EL IRL NL 
83/206 Noise emissions yes 
(26.4.84) of aircraft 
83/341 Cosmetics 
(31.12.84) yes 
yes yes yes yes 
yes yes yes yes yes 
yes yes yes yes yes yes yes 
yet yet 
83/467 Dangerous 
(1.1.85) substances yes yes yes yes yes ye>s yes yes yes yet 
83/496 Cosmetics 
(31.12.84) 
83/513 Cadmium 
(28.9.83) discharges yes yes 
yes yes ye* 
yes y»« yes yes yes yes yes 
A/205/88 A/168/87 yes 
n.p. I 
r.o. n.p. ! 
r.o. A/369/87 
n.p.i. 
(delete) 
Cate 
70/89 yet yet yet yes 
yet yet 
83/514 Cosmetics 
(31.12.84) 
83/574 Cosmetics 
(31.12.84) yes yes yes yes yes yes yet yet yet 
yes yee yes yes yet yet yet yet yet 
yet yet X 
83/623 Textile 
(29.11.85) names 
84/156 Mercury 
(12.3.86) discharges yes 
yes yes yes yes 
yes yes yes yes 
yes yes yet yes 
yes yes yet yet yet yet 
yet 
84/360 Air pollution yes 
(30.6.87) yes yes yes yes A/212/88 yes 
n.m.n. 
(delete) 
Case 
257/89 yet yet yet yet 
-154-
Dlrectlve Subject DK UK EL IRL NL 
84/415 Cosmetics 
(31.12.85) yes yes yes yes yes yes yes yet 
84/449 Dangerous 
(1.7.85) substances yes yes yes yes yes yet 
84/450 Misleading A/488/86 yes 
(1.10.86) advertising n.m.n. 
Judgment 
16.11.89 
Case 
360/89 yes y*3 yes yes A/499/86 A/54/88 yet 
n.m.n. n.m.n. 
Judgment (delete) 
6.12.89 Case 
Case 256/89Case 
329/88 yet yet 
yet 
yet yet 
yet 
84/466 
(1.1.86) 
84/467 
(5.4.86) Radiation 
protection yes yes yes yes yes yes yet yet 
Health 
protection A/481/88 yes 
n.p. 
r.o. A/463/36 y*s 
n.p.i. 
r.o. yes yes yes A/233/87 
n.m.n. 
(delete) 
Case 
246/88 A/486/88 
n.p.I. 
r.o. yet yet 
yet yet 
X 
3 84/491 
(1.4.86) 
84/533 
(26.3.86) Hexochloro-
cyclohexane 
discharges yes yes yes A/81/38 
n.p.o. 
(delete) 
21. '".* yes A/169/87 
n.p.i. 
r.o. yes A/129/87 
n.m.n. 
(delete) 
Cate 
54/89 yet yet 
Sound power 
level of 
compressors yes yes yes yes yes yes yes yet yes yes 
84/534 Sound power 
(26.3.86) level of 
tower cranes yes yes yes yes yes yes yes yes yet yet yet 
yet 
yet 
84/535 
(26.3.86) Sound power 
level of 
welding 
generators yes yes yes yes yes yes yes yet yet yet yet 
•155-
Dlrective Subject 
84/536 
(26.3.86) 
84/537 
(26.3.86) Sound power 
level of 
power 
generators yes 
Sounc! power 
level of 
povcred 
hand-held 
concrote-
breakers 
and picks yes yes 
yes DK 
yes t 
yes 
yes yes 
yes UK 
yes 
yes EL IRL 
yes yes yes yes 
yes yes yet NL 
yes 
yet 
84/538 
(1.7.87) 
85/203 
(1.1.87) 
85/210 
(1.1.se Sound power 
level of 
I awnmowers yes yes yes 
84/631 Transfrontier A/71/88 A/85/88 yes 
(1.10.85) shipment of n.p.a. n.p.a. 
hazardous waste r.o. r.o. 
Air qua Iity 
standards for 
nitrogen dioxide yes yes 
Lead content 
of petrol A/565/87 
n.p.i. 
r.o. yes yes y*s 
yes yes yes yes 
yes yes 
A/511/87 yes 
n.p.I. 
r.o. 
yet yes yet yet 
yes yet yet 
yes yet yet yet 
yes yet yet 
yet 
yet A/76/89 
n.p.a. 
169 
letter 
yet 
yet yet yet yet X 
85/337 
(1.7.88) The effects of 
pub I le and 
private projects 
on the 
environment yes yes A/64/P3 yes 
n.m.n. 
169 
letter yet yes A/363/89 yet 
n.m.n. 
169 
letter yet yet yet 
-156-
Dlrectlve Subjoct DK UK EL IRL NL 
85/339 
(3.7.87) Containers of 
liquids for 
humon 
connumption A/330/87 
n.p.a. 
(delete) 
Case 
330/89 yes yes A/337/87 A/332/87 yes 
n.p.o. n.p.a. 
r .c. r.o. A/351/88 yes 
n.m.n. 
r.o. yet A/334/87 yet 
n.p.a. 
(delete) 
Case 
252/89 
A/157/88 
n.m.n. 
(delete) 
Cate 
252/89 A/338/87 
n.p.a. 
r.o. 
85/391 
(31.12.86) 
85/405 
(25.3.86) Cosmetics yes 
Noise emission 
of construction 
plant and 
equipment yes yes 
yes yes yet 
yes yes yes yes 
yet yes yet yet yet 
yes yet yet yet 
yet yet 
yet 
85/406 
(36.3.86) 
85/407 
(26.3.86) 
85/408 
(26.3.86) Sound power 
level of 
compressors yes 
Sound power 
level of 
welding 
generators yes 
Sound power 
level of 
power 
generators yes yes 
yes 
yes yes yes 
yes yes 
yes yes yes 
yes 
yes yes 
yes 
yes yes 
yes 
yes yet yet 
yet yet 
yet yet yet 
yet 
yet X 
85/409 
(26.3.86) Sound power 
level of 
powered 
hand-held 
concrete-
breakers 
and picks yes yes yes ye» yes yes yes yet yes yet 
-157-
Dlrective Subject DK UK EL IRL NL 
85/411 Conservation of yes 
(31.7.86) wild birds 
85/444 Seal pups 
(1.10.89) yes yes A/2l!:vB8 A/174/87 yes 
n.p.a. n.m.n. 
r.o. 169 
letter 
yes yes y«« A/175/87 
n.m.n. 
(delete) 
Case 
334/89 A/217/87 yet 
n.m.n. 
169 
letter 
yes yes yes A/176/87 A/324/88 
n.m.n. n.p.a. 
169 r.o. 
letter 
yes 
85/469 Transfrontier 
(1.10.85) shipment of 
hazardous 
waste 
85/490 Cosmotics 
(31.12.86) 
85/577 Consumer 
(23.12.87) protection yes yes 
A/490/88 
n.m.n. 
169 
letter yes yes 
yes 
yes yes A/256/86 yes 
n.m.n. 
r.o. 
yes yes 
yes yes A/374/87 yes 
n.p.I. 
r.o. 
yes yes yet yet 
A/492/88 A/11/89 yet yet 
n.m.n. 
169 
letter n.m.n. 
169 
letter yet 
yet 
yet yet 
X 
9 86/179 Cosmetics 
(31.12.86) yes yes yes yee yes yes yet yet yet yet yet 
86/197 
(1.8.88) Label IIng of 
foodstuffs yes A/528/88 yes 
n.m.n. 
169 
letter yes A/50/89 
n.m.n. 
169 
letter yes yes yet yet yet yet 
86/199 Cosmetics 
(31.12.86) yes yes yes ya* yes yes yet yet yet yet yet 
86/278 Sewage sludge 
(10.6.89) used in 
agriculture yes yes yes 
86/279 
(1.1.87) Transfrontier 
shipment of 
hazardous 
waste yes yes yes yet yes yet yet yet yet yet 
-158-
Directive Subject DK UK EL IRL NL 
86/280 
(1.1.88) Discharges of 
dangerous 
substances yes yes yes yes yes yes A/529/88 yes 
n.m.n. 
169 
letter A/254/89 yet 
n.m.n. 
169 
letter yet 
86/431 
(1.7.87) 
86/594 
(4.12.89) Dangerous 
substances yes 
Household 
appllances -
airborne noise 
(24.11.89) Protection 
of animals yes 
yes yes yes 
yes yes yes 
86/662 Noise emitted 
(29.12.88) by hydraulic 
excavators A/659/89 yes 
n.m.n. 
169 
letter yes yes yes yes yes yet yet yet yet 
yet A/477/89 yet 
n.m.n. 
169 
letter yet 
87/18 
(30.6.88) Chemical 
substances -
verification yes A/258/89 
n.m.n. 
169 
letter yes yes yee yes yet A/259/89 yet 
n.m.n. 
169 
letter yet X 
87/112 
(1.1.87) Transfrontier 
shipment of 
hazardous 
waste yes yet yet 
87/137 
(31.12.87) Cosmetics yes yes yes yes yes yet yet yet yet yet 
87/140 
(1.9.88) Textile 
names A/256/89 yes 
n.m.n. 
169 
letter A/424/89 
n.m.n. 
169 
letter yes yes A/373/89 A/430/89 yet 
n.m.n. n.m.n. 
169 169 
letter letter A/257/89 A/250/89 
n.m.n. 
169 
letter n.m.n. 
169 
letter 
-159-
Dlrectlve Subject DK UK EL IRL NL 
87/143 
(1.7.88) 
87/184 
(1.7.88) Cosmetics 
Textile 
names yes 
yes yes 
yes yes 
A/660/S9 ye* 
n.m.n. 
169 
letter yes yes 
yes yes yet yes yet 
yes A/431/89 
n.m.n. 
169 
letter A/249/89 
n.m.n. 
169 
letter yes 
87/216 
(24.9.88) Major-accident yes 
hazards yes yes A/423/89 yes 
n.m.n. 
ISP 
letter yes yes yet A/253/89 yet 
n.m.n. 
169 
letter yet yet 
87/217 
(31.12.88) Environmental 
poI lut ion by 
asbestos yes 
87/219 
(31.12.88) Sulphur content 
of IIquld fuels yet yes yes 
87/252 
(1.1.88) A/584/89 yes 
n.m.n. 
169 
letter 
Sound power 
level of 
I awnmowers A/431/88 yes 
n.m.n. 
169 
letter yes yen 
yer yes 
yes 
yee yes 
yes 
yes A/582/89 
n.m.n. 
169 
letter A/478/89 
n.m.n. 
169 
letter yet 
yet A/585/89 
n.m.n. 
169 
letter yet 
A/531/88 A/205/89 
n.m.n. n.m.n. 
163 169 
letter letter . yet yet yet 
yet yet 
yet X 3 
87/357 
(26.6.89) Health and 
safety of 
consumers yes yes yes yes yet 
87/405 
(26.6.89) Sound power 
level of 
tower cranes yes yes yes yet yet 
87/416 
(29.7.87) Lead content 
of petrol 
87/432 Dangerous 
(1.4.88- substances 
1.10.88) A/457/88 yes 
n.m.n. 
r.o. yes yes A/375/88 yes 
n.m.n. 
169 
letter A/9/89 yet yet 
n.m.n. 
169 
letter yet 
-169-
Directlve Subject DK UK EL IRL NL 
88/233 
(30.9.88) 
88/347 
(1.1.89-
1.1.90) Cosmetics 
Dongcrous 
substances yes A/420/89 yes 
n.m.n. 
169 
letter 
A/444/89 A/445/89 
n.m.n. 
169 
letter n.m.n. 
169 
letter yes yes 
A/446/89 yes 
n.m.n. 
169 
letter A/370/89 A/372/89 
n.m.n. 
169 
letter n.m.n. 
169 
letter A/252/89 
n.m.n. 
169 
letter yet 
A/583/89 
n.m.n. 
169 
letter A/447/89 
n.m.n. 
169 
letter yet A/246/89 
n.m.n. 
169 
letter 
yet 
88/378 Dangerous 
(30.6.89) preparations yes yes 
88/667 Cosmatics 
(31.12.89) yes yet 
89/174 
(31.12.89) Cosmetics yes yes yet 
89/428 Titanium 
(31.12.89) dioxide 
waste 
<5-
-161-
Directive Subject DK UK EL IRL NL 
Agriculture 
64/432 Animal 
(30.6.65) health A484/85 
n.p.a. 
(delete) 
Case 
304/88 yes yes yes yes yes yes A/314/88 yes yet yet 
n.p.a. 
r.o. 
64/433 
(1.1.81) Fresh meat 
65/277 
(30.6.65) Intra-
CommunIty 
trade A484/85 
n.p.a. 
(delete) 
Case 
304/88 yes yes yes yes yes yes A/314/88 yet yet yes 
n.p.a. 
r.o. 
yes yes yes yes yes yes yes yet yet yet yet 
^ 
S 66/400 Beet seed 
(31.12.85) yes yes yes yes yes yes yes yet 
66/401 Fodder plant yet 
(31.12.85) seed yes yes yes A/456/87 yes 
n.p.a. 
r.o. yet yet yet yet 
yes yet yet yet yet 
66/402 Cereal seed yes 
(31.12.85) yes yes yes A/82/88 yes 
n.p.a. 
r.o. yes yes yet yes yet yet 
66/403 Seed potatoes yes 
(13.12.85) yes yes ye« yes yet yes yet yet yet yet yet 
66/404 Forest 
(31.12.85) reproductive 
material yes yes yes yes yes yet yet yet yet yet yet yet 
66/600 Intro-
(26.6.67) Community 
trade In animals yes yes yes yes yes yes yet yet yet yet yet 
-162-
Directlve Subject i D DK E F UK E Ï IRL L NL~" 
66/601 Intro- yes yes yes yes yes yes yes yes yes yes 
(26.6.67) Community trade 
In moat 
68/89 Classification yes yes yes yes yee yes yes yet yet yet 
(31.12.85) of untreated 
wood 
68/193 Material for yes yes yes ye3 yet yes yes yet yet yet yet yet 
(31.12.85) the vegetative 
propagation of 
the vine 
69/60 Cereal seed yes yes yes yes yes yes yes yet yet yet yet yet 
(31.12.85) 
69/61 Beet seed yes yes yes ye» yes yes yes yet yet yet yet yet 
(31.12.85) 
69/62 Seed potatoes yee yes yee yes yet yes yet yet yet yet yet yet 
(31.12.85) ^ 
<r^ 
69/63 Fodder plant yes yes yes yet yes yes yet yet yet yet rs) 
(31.12.85) seed 
69/208 Oil plant yes yes yes yes yes yes yes yet yet yet yet yet 
(31.12.85) seed 
69/349 Intra- yes yes yes yes yes yes yes yet yet yet yet 
(1.10.70) Community trade 
In meat 
69/464 Potato wart yes yes yes yes yes yes yes yet yet yet yet 
(9.12.71) disease 
69/465 Potato cyst yes yes yes yes yes yes yes yet yet yet 
(9.12.71) eelworm 
-163-
Dlrectlve Subject DK UK EL IRL NL 
70/457 
(1.7.72-
31.12.85) AgrIcultural 
plant 
catolonue yes yes yes A/456/87 yes 
n.p.a. 
r .o. yes yes yes yes yet yes 
70/458 Vegetable seed yes 
(31.12.85) 
70/524 Additives in yes 
(25.11.72) feedlnqstuffs yes yes 
yes yes yes 
yes yes 
yes yes yes yes yes 
yes yes yet yet yet yes 
yet yet 
71/118 
(18.2.73) Fresh 
poultrymeat yes 
71/140 Material for yes 
(31.12.85) the vngetatlve 
propagation of 
the vine 
71/161 Forest 
(31.12.85) reproductive 
material yes 
71/162 Seed 
(31.12.85) yes A/281/87 
n.p.a. 
Judgment 
28.11.89 
Case 
186/88 
A/73/88 
n.p.a. 
r.o. yes 
yes yes 
yes yes 
yes yes yes yes 
yes 
yes 
yes yes 
yes 
yes 
yes A/129/88 yes 
n.p.a. 
r.o. yes yes yet 
yes yet yet yet yet yet 
yes yes yes yet yet 
yes yet yet yet yet X 
71/285 Intra- yes 
(23.7.72) Community trade 
in animals yes yes yes yes yes yes yet yet yet yet 
-164-
D! recti ve Sub j eel i D DK Ê F UK E Ï IRL L NL P 
72/159 Modernization yes yes yes yes yes yes yes A/335/88 yes yes yet yet 
(19.4.73) of farms n.p.a. 
r.o. 
72/168 Vegetable yes yes yes yes yes yes yes yet yet yet yet 
(31.12.85) varieties 
72/169 Vine yes yes yes yes yes yes yes yet yet yet yet 
(31.12.85) varieties 
72/180 Agricultural yes yes yes yes yes yes yes yet yet yet yet 
(31.12.85) plant varieties 
72/274 Seed yes yes yes y«s yes yes yes yet yet yet yet 
(31.12.85) 
72/275 Control of yes yes yes yes yes yes yes yet yet yet yet 
(31.12.85) feedlngstuffs 
72/461 Intra- yes yes yes yes yes yes yes yet yet yet yet 
(1.1.74) Community trade 
in meat 
72/462 Importation yes yes yes yes yes yes yes yet yet yet yet ^^ 
(1.1.77) of animals c-
73/47 Control of yes yes yes y*s yes yes yes yet yes yet yet 
(1.1.73) feedlngstuffs 
73/418 Seed yes yes yes yes yet yes yes yet yet yet yet 
(31.12.85) X 
-165-
Dlrectlve Subject i D DK ï F Ûi< ÊI ï IRL L NT 
73/438 Seed yes yes yes yes yes tyes yes yes yes yes yes 
(31.12.85 
74/13 Forest yes yes yes yes yes yes yes yes yes yes 
(31.12.85) reproduction 
material 
74/63 Undesirable yes yes yes yes yes yes yes yes yet yes yes 
(1.1.76) substances -
feedlngstuffs 
74/268 'Avcna fatua' yes yes yes y«* yes yee yes yes yet yet yes 
(1.1.76) 
74/577 Slaughter of yes yes yes yes yes yes yes yet yet yet yet 
(1.7.75) animals 
74/647 Carnation yes yes yes yes yes yes yet yet yet yet yet 
(10.12.75) leaf-rollers 
74/649 Material for yes yes yes yes yes yes yes yes yes yet yet 
(31.12.85) the vegetative X 
propagation of "eys 
the vine 
75/431 Trade in fresh yes yes yes >fs yes yes yes yes yet yes yet 
(1.1.77) poultry meat 
75/444 Seed yes yes yes yee yes yet yes • yet yet yet yet 
(31.12.85) 
75/502 Seed of yes yes yes y33 yes yes yes yet yet yes yet 
(31.12.85) smooth-stalk 
meadowgrass 
76/331 Beet seed yes yes yes y*s yes yes yes yet yet yet yet 
(31.12.85) 
- 166 
Directive Subject 
76/895 Pesticide 
(26.11.78) residues - fruit 
and vooetables yes yes DK 
yes yes UK 
yes EL IRL 
yes yes yes yes NL 
yes 
77/93 
(1.5.80) Harmful organisms yes 
77/96 
(1.1.79) Examinât ion 
for trichinae yes yes 
yes yes 
yes y«t yes 
yes yes 
yes yes A/323/87 yet 
n.p.a. 
(delete) 
Case 
128/89 yes 
yes yes yet yet 
yes yes 
77/98 Veterinary 
(1.1.78) problems yes yes yes yes yes yes yes yes yet yes 
77/99 Health problems 
(1.1.81) yes yes yes yes yes yes yes yet yet yet 
X 
77/101 Straight 
(1.1.81) feedlnçstuffs yes 
77/489 Protection of 
(1.8.78) animals during 
International 
transport yes yes 
yes yes 
yes yes 
yes yes yes yes yet yet 
yes yes yes yes yes 
A/449/88 
n.p.a. 
r.o. yes 
yes 
77/504 Pure-bred breeding 
(1.1.79) animals of the 
bovine species yes 
77/629 Material for the 
(31.12.86) vegetative propag­
ation of the vine yes A/143/86 yes 
n.p.a. 
r.o. 
yes yes y^s 
y-3 yes 
yes yes yes yes yet 
yes yes yes yet yet yet 
yet yet 
78/50 
(30.6.78) Trade In fresh 
poultrymeat yes yes yes yes yes yes yes yes yet yet 
- 167 -
Directive Subject DK UK EL IRL NL 
78/386 Fodder plant seed yes 
(31.12.85) 
78/387 Cereal seed 
(31.12.85) yes 
78/388 011 plant seed 
(31.12.85) yes 
78/511 'Avena fatua' 
(31.12.85) yes yes 
yes 
yes 
yes yes 
yes 
yes 
yes y?s 
yes 
yes yes 
yes 
yes 
yet yet yet yet yet yet 
yes 
yes 
yes yes yet yes yet 
yes yet yet yet 
yet yet yet yet yet 
yet 
yet 
yet yet 
yet 
78/692 Seed 
(31.12.85) 
79/109 Brucellosis 
(1.4.79) yes 
yes 
79/268 Pure-bred breeding yes 
(1.1.79) animals of the 
bovine species yes 
yes 
yes yes 
yes 
yes y*s 
yes yes 
yes 
yes yes 
yes 
yes yes yet yet yet 
yes A/316/84 
n.m.n. 
Judgement 
3.9.88 
Cate 
116/86 
A/463/88 
n.m.n. 
r.o. 
(Art. 171) yet yet 
yes yet yet yet yet 
yet 
yet yet 
X 
79/372 Straight 
(1.1.81) feedlngstuffs yes yes yes yes yes yes yes yes yet yet yet 
79/373 Compound 
(1.1.81) feedlngstuffs yes yes yes yes yes yes yet yes yet yet yet 
- 168 -
Directive Subject 
79/641 Seed 
(31.12.85) yes 
79/692 Soed 
(31.12.85) yes 
79/700 Pesticide residues -
(31.12.80) fruit and vegetables yes 
yes 
yes DK 
yes 
yes 
yes yes 
yes 
yes UK 
yes 
yes 
yes EL IRL 
yes yes yet yet 
yes yes yet yet 
yes yes yet yet NL 
yet yet 
yes yet 
yet 
79/797 Straight 
(1.1.81) feedlngstuffs yes yes yes y?s 
89/213 Health problems -
(31.12.80) fresh neat yes yes yes 
80/214 Health problems 
(31.12.80) meat products yes 
80/215 Health problems 
(31.12.80) meat products yes 
80/219 Tuberculosis and 
(31.12.80) brucellosis yes yes 
yes 
yes yes yes 
yes 
yes yes 
yee 
yes 
yee 
yes yet yet yes yet yet 
yes yes yet yet yet yet 
yet 
yet yet yet yet yet yet yet 
yes yet yet yet yet yet X 
CX> 
yes yet A/256/83 
n.m.n. 
Judgment 
29.1.87 
Cate 
364/85 
A/453/88 
n.m.n. 
r.o. 
(Art. 171) yet yet yet 
- 169 -
Directive Subject B D DK Z F UK ÊI î ÎRL L" NL P 
80/304 Oil plant seed yes yes yes ye? yes yes yes yes yet yes yet yet 
(31.12.85) 
80/428 Pesticide residues - yes yes yes yes yes yes yes yes yes yes yes 
(31.3.81) fruit and vegetables 
80/502 Undesirable yes yes yes y*>s yes yes yes yes yet yet yet yet 
(1.7.81) products 
80/509 Compound yes yes yes ya yee yes yes yes yet yes yet 
(1.1.81) feedlngstuffs 
80/510 Straight yes yes yes ya yes yes yes yes yet yet yet 
(1.1.81) feedingstuffs 
80/511 Compound feeding- yes yes yes yes yes yes yes yes yet yet yet yet 
(1.1.81) stuffs in packages 
> 
80/665 Potato ring rot yes yes yes y se yes yes yes yet yet yet yet vo 
(1.3.81) 
80/695 Compound yes yes ye» yt>% yes yes yes yes yet yet yet 
(1.1.81) feedlngstuffs 
80/754 Fodder plant seed yes yes yes y?s yes yes yes yes yet yes yet 
(31.12.85) 
80/879 Marking of large yes yes yes yes yes yes yes yes yet yes yet 
(1.1.81) packagings of 
poultrymeat 
- 179 -
Directive Subject DK UK EL IRL NL 
80/1098 Swine vesicular 
(1.7.81) disease and swine 
fever yes yes yes yes yes yes A/258/83 
n.m.n. 
Judgment 
29.1.87 
Case 
364/85 
A/454/88 
n.m.n. 
r.o. 
(Art. 171) yet yet yet 
80/1099 Swine vesicular 
(1.7.81) disease and swine 
fever yee yes yes yy*8 yes yes yet A/259/83 
n.m.n. 
Judgment 
10.3.87 
Case 
386/85 
A/456/88 
n.m.n. 
r.o. 
(Art. 171) yet yet yet 
X 
80/1100 Swine vesicular 
(1.7.81) disease and swine 
fever yes yes yes yes yes yet yes yet yet yet 
80/1102 
(1.1.81) Enzootic bovine 
leukosis yes 
81/36 Pesticide residues - yes 
(1.1.82) fruit and vegetables yes 
yes yes 
yes yes yes 
yes yes yes yes yet yet 
yes yes yet yet yet yet 
yet 
81/389 Protection of 
(23.8.83) animals during 
international 
transport yes yes yes yen yes yes yes yet yet yet yet 
- 171 -
Directive Subject B D DK Ê F ÛK ÊI ï ÎRL L Ni" 
81/602 Substances having yes yes yes yes yes yes yet yes yet yet yet yet 
(3.11.81) a hormonal or 
thyrostatlc effect 
82/287 Seed yes yes yes yes yes yes yes yes yet yet yet 
(1.1.82/ 
1.1.83) 
82/331 Propagation of yes yes yes y$s yes yes yes yes yet yet yet yet 
(1.7.82) vine 
82/400 Eradication of yes yes yes yes yet yet yet yet A/200/87 yet yet yet 
brucellosis n.p.a. 
r.o. 
82/475 Compound feeding- yes yes yes yes yes yes yes yee yet yet yet 
(1.1.85) stuffs for pet 
animals 
82/528 Pesticide residues yee yes yes y?s yet yet yet yet yet yet yet 
(1.7.84) 
82/859 Oil plant seed yes yes yes y»s yes yes yet yet yet yet yet yet 
(1.7.83) 
82/937 Straight yes yes yes yes yes yes yet yet yet yet yet 
(1.7.83/ feedlngstuffs 
1.1.85) 
82/957 Compound yes yes yes y*s yet yes yet yet yet yet yet 
(1.1.85) feedlngstuffs 
83/90 Health problems - yes yes yes y<-3 yes yes yes yes yet yet yet 
(1.1.85) fresh meat 
- 172 -
Directive Subject 
83/91 Fresh meat 
(1.1.85) yes yes DK 
yes yes UK 
yet EL IRL 
yes A/349/85 yet 
n.m.n. 
(delete) 
Case 
324/87 yet NL 
yet 
83/131 Plant protection 
(1.10.84) products yes yes yes yes yes yes yet yet yet yet 
83/201 Percentage of 
(1.1.84) meat yes yes yes yes yes yet yet yet yet yet yet 
54/319 Trichinae 
(1.1.85) yes yes yes yes yes yet yet yet yet yet 
$4/378 Organisms harmful yes 
(1.7.85) to plants yet 
yes yes yes yet yet yet yet yet yet 
$4/587 Additives in 
(4.12.86/ feedlngstuffs 
V12.88) 
^4/643 Foot-end-mouth 
(31.12.84) disease yes yes yes yes A/549/87 yet 
n.m.n. 
(delete) 
Case 
255/89 yes A/559/87 yet 
n.m.n. 
(delete) 
Cate 
263/89 yet 
A/351/85 yet 
n.m.n. 
(delete) 
Cate 
328/87 yet 
yet yet 
yet X 
yes yes yes yes yet yes yet yet 
^6/644 Brucellosis 
(30.8.85) 
S 4/645 Swine fever 
(31.3.85) yes 
yes yes 
yes yes 
yes yes 
yes yet yet 
yet yet yes yet yet yet 
yes A/352/85 yet 
n.m.n. 
(delete) 
Cate 
329/87 yet yet 
yet yet 
- 173 -
Directive Subject DK UK EL IRL NL 
85/38 Fodder plant 
(1.1.86) seed yes yes yes y-ïs yee yes yes yes yet yet yet 
85/320 Swine fever 
(1.1.86) yes yes yes yes yes yes yes yes yes yet yet 
85/321 Swine fever 
(1.1.86) 
85/322 Swine fever 
(1.1.86) 
85/325 Fresh meat 
(1.1.86) yes 
yes 
yes yes 
yes 
yes yes 
yes 
yes ye* 
y©2 yes 
yet 
yet yes 
yes 
yes yes yes yet yet 
yes A/321/86 
n.m.n. 
(delete) 
Case 
349/89 yet yet 
yes A/323/86 
n.m.n. 
(delete) 
Cate 
349/89 yet yet yet 
yet 
yet 
X 
AJ 
85/326 Fresh 
(1.1.86) poultrymeat yes yes yes y-is yes yes yes yes yes yet yet 
85/327 Meat products 
(1.1.86) 
85/328Meat products 
(1.1.86) yes 
yes yes 
yes yes 
yes yes 
y*s yes 
yes yes 
yes yes yes yet yet 
yes yet yet yet yet 
yet yet 
85/358 Substances having yes 
(1.1.87) a hormonal action yes yes yet yes yee yet yet yet yet yet 
85/397 Heat-treated 
(1.1.89) milk A/512/89 yes 
n.m.n. 
169 
letter yes yes yet yes A/507/89 yet 
n.m.n. 
169 
letter A/492/89 yêT 
n.m.n. 
169 
letter yet 
- 174 -
Directive Subject B D DK l F ÛK El î ÎRL L NL P 
65/429 Additives in yes yes yes yes yes yes yes yes yes yes yet yes 
(3.12.86) feedingstuffs 
85/509 Feedingstuffs yes yes yes yea yes yes yes yes yes yes yes yes 
(30.6.86) 
85/511 Foot-and-mouth yes yes yes y*-t yes yes yes yes yet yes yes yet 
(1.1.87) disease 
85/520 Additives in yes yes yes yes yes yes yes yet yet yet yet yet 
(3.12.86) feedlngstuffs 
85/574 Harmful organisms yes yes yes y*.s yes yes yes yes yet yes yet yet 
(1.1.87) 
85/586 Veterlncry yes yes yes yes yes yes yes yet yet yet 
(1.1.86) field 
86/155 Seed and plants yes yes yes yes yes yes yes yes yet yet yet yet 
(1.3.86/ 
1.7.87) 
86/174 Compound yes yes yes yes yet yet yes yes yet yet yet 
(30.6.87) poultryfeed X 
86/29 Additives In yes yes yes y*«, yes yes yes yes yet yes yet yet A 
(2.12.86) feedlngstuffs 
86/109 Fodder plant seed yes yes yes vs yes yet yes yes yet yes yes 
(1.7.87) 
- 175 -
Directive Subject DK UK EL IRL NL 
86/267 Vine varieties 
(1.1.87) yes yes yes yss yes yes yes yes yet yet yet 
86/299 Undesirable 
(31.12.87) products yes yes yei y is yes yes yes A/516/89 yet 
n.m.n. 
r.o. yet yes yet 
86/300 Additives in 
(31.12.87) feedingstuffs yes yes yes y«s yes yes yes yes yet yet yet 
86/320 Cereal seed 
(1.7.87) yes yes yes yes yes yes yes yet yet yet yet 
86/354 Feedingstuffs 
(3.12.88) 
86/355 Plant protection 
(1.7.87) products yes yes yes yes yes yes yet yet yet yet yet 
yes yes yes yes yes yes yes yes yet yes yet yet 
2^ 
86/362 Pesticide residues yes 
(30.6.88) in and on cereals yes yes yes yes yes A/434/89 yet 
n.m.n. 
169 
letter A/432/89 yet 
n.m.n. 
169 
letter 
86/363 Pesticide residues yes 
(30.6.88) in and on foodstuffs 
of animal origin yes yes yes yes A/437/89 A/435/89 yet 
n.m.n. n.m.n. 
169 169 
letter letter A/433/89 yet 
n.m.n. 
169 
letter 
86/403 Additives In 
(3.12.86) feedlngstuffs yes yee yes yes yes yet yee yet yet yet yet 
-176-
Dlrectlve Subject B DK UK EL IRL NL 
86/469 Residues In yes 
(1.4.87) animals and meat yes yes y»3 yes yes yes yes yet yes yet yet 
86/525 Additives in 
(30.11.87) feedlngstuffs yes yes yes yes yes yes yes yes yet 
86/530 Products used In yes 
(30.6.88) animal nutrition yes yes yes yes yes yes yes yes yes yes yet 
yes yes yes 
86/546 Harmful organisms yes 
(1.1.87) yes yes ye« yes yes yes yes yet yet yet yet 
86/587 Health problems - yes 
(30.4.87) fresh meot yes yes ye^ yes yes yes A/151/88 yet 
n.m.n. 
(delete) 
Case 
262/89 yes yet 
86/651 Harmful organisms yes 
(1.3.87) yes yes ye* yes yes yes yet yet yet yet yet 
87/64 Health problems - yes 
(1.1.88) fresh meat yes yes yes yes yes yes yet yet yet 
87/120 Marketing of A/279/89 yes 
(1.6.88) vegetable seed n.m.n. 
169 
letter yes yes A/281/89 yes 
n.m.n. 
169 
letter yes A/283/89 yet 
n.m.n. 
169 
letter A/284/89 yet 
n.m.n. 
169 
letter yet <5-
87/153 Additives in yes 
(31.12.87) animal nutrition yes yes yes yes yes yet yet A/519/88 yet 
n.m.n. 
r.o. 
-177-
Dtrectlve Subject DK UK EL IRL NL 
87/181 Plant protection 
(1.1.81) produces yes yes yes yes yes yes yes yes yes yet yet 
87/234 Straight 
(30.11.87) feedingstuffs yes yes yes y-?s yes yes yes A/135/88 yes 
n.m.n. 
r.o. yes yet yes 
87/235 Compound 
(30.11.87) feedingstuffs 
87/238 Undesirable 
(3.12.88) products yes 
yes 
87/298 Harmful organisms yes 
(1.7.87) 
87/316 Additives in 
(30.11.87) feedingstuffs yes 
87/317 Additives in 
(30.11.87) feedingstuffs yes yes 
yes 
yes 
yes 
yes yes 
yes 
yes 
yes yee 
yes 
yes 
yos 
yes yes yes 
yes 
yes 
yes 
yes yes 
yes 
yes 
yes 
yes yes yet 
yes A/268/89 yet 
n.m.n. 
169 
letter 
yes yes yes 
yes A/137/88 yes 
n.m.n. 
r.o. 
yes A/138/88 yet 
n.m.n. 
r.o. yet yet 
yet yet yet 
yes yet yes 
yes 
yes yet 
yet yes 
yes X 
87/328 Pure-bred 
(1.1.89) breeding animals 
bovine species yes A/504/89 yes 
n.m.n. 
169 
letter yes yes A/508/89 yet 
n.m.n. 
169 
letter A/449/88 A/496/89 A/500/89 yes 
n.p.a. n.m.n. n.m.n. 
r.o. 169 169 
letter letter 
A/493/89 
n.m.n. 
169 
letter 
-178-
Dlrective Subject DK UK EL IRL NL 
87/477 Plant protection yes 
(1.1.88) products yes yes yes yes A/537/88 yes 
n.m.n. 
169 
letter yes yet yes yet yet 
87/481 Vegetable seed 
(1.7.89) yes yes ye* yes yet 
87/486 Swine fever 
(31.12.87) A/502/88 yes 
n.m.n. 
r.o. yes yes yes yes yes A/499/88 
n.m.n. 
r.o. yes yet yet 
87/489 Swine fever 
(31.12.88) A/513/88 yes 
n.m.n. 
169 
letter yes yes yes yes A/497/89 yet 
n.m.n. 
169 
letter yee yet 
87/491 Meat products 
(1.1.88) 
87/552 Additives in 
(30.11.88) feedingstuffs 
88/95 Beet seed 
(1.7.88) 
88/146 Prohibited 
(31.12.88) substances 
having a 
hormonal action yes yes 
yes yes 
A/285/89 yes 
n.m.n. 
169 
letter 
A/514/89 yes 
n.m.n. 
169 
letter yes 
yes 
yes 
yes y*s 
ye 9 
yes 
yes yes yes 
yes yes 
A/287/89 yes 
n.m.n. 
169 
letter 
yes yes yes A/542/88 yet 
n.m.n. 
r.o. yet 
yes yet yet yet yet 
yet 
yes A/289/89 yet 
n.m.n. 
169 
letter A/290/89 yet 
n.m.n. 
169 
letter 
A/509/89 yes 
n.m.n. 
169 
letter yet yet yee yet 
yet 
yet 
88/166 Protection of 
(1.7.87) laying hens kept 
In battery 
cages yes yes yes yes yes yes yes yes A/541/88 yet 
n.m.n. 
r.o. yet yet 
-179-
Dlrectlve Subject DK UK EL IRL NL 
88/228 Additives in 
(15.5.88) feedlngstuffs yes yes yes yes yes A/515/88 yes yes yet 
n.m.n. 
r.o. yet yet yet 
88/271 Harmful organisms yes 
(1.1.89-
31.3.89) yes 
88/288 Trade in fresh 
(1.1.89) meat A/515/89 yes 
n.m.n. 
169 
letter 4/480/8S y;s 
n.m.n. 
169 
letter 
yes 4/483/89 yes 
n.m.n. 
169 
letter 4/486/89 yes 
n.m.n. 
169 
letter yet 
A/490/89 A/510/89 A/498/89 yet 
n.m.n. n.m.n. n.m.n. 
169 169 169 
letter letter letter yet 
yet yes yet 
A/501/89 
n.m.n. 
169 
letter 
88/289 Importation of 
(1.1.89) bovine animals 
and swine A/516/89 yes 
n.m.n. 
169 
letter yes 
88/298 Pesticide residues yes 
(1.7.88) A/438/89 yes 
n.m.n. 
169 
letter yes yes A/511/89 A/499/89 yet 
n.m.n. n.m.n. 
169 _ 169 
letter letter 
yes yes A/436/89 yet 
n.m.n. 
169 
letter yet A/502/89 
n.m.n. 
169 
letter 
yet >. 3 
88/299 Substances having 
(31.12.88) a hormonal action -
trade In animals yet yet yes 
88/406 Enzootic bovine yes 
(1.9.88) leukosis A/274/89 A/273/89 
n.m.n. n.m.n. 
169 169 
letter letter yes yes A/272/89 A/271/89 yet 
n.m.n. n.m.n. 
169 169 
letter letter yet yet 
88/430 Harmful organisms yes 
(1.1.89) yes A/481/89 yes 
n.m.n. 
169 
letter A/484/89 
n.m.n. 
169 
letter yes A/487/89 yet 
n.m.n. 
169 
letter yet yet yet 
•180-
Dlrectlve Subject DK UK EL IRL NL 
88/483 Additives In 
(30.6.89) feedingstuffs yes yes yes ye! yet yet yes yet yet yet 
88/485 Animal nutrition 
(30.6.89) yes yes yes yes yet yes yes yet yet yet 
88/572 Harmful organisms yes 
(1.1.89) yes A/482/89 yee 
n.m.n. 
169 
letter A/485/89 yes 
n.m.n. 
169 
letter A/488/89 
n.m.n. 
169 
letter yet yes yet 
88/616 Additives in 
(30.6.89) feedingstuffs yes yes yes yes yet yet yet yet 
89/186 Pesticide yes 
(1.8.89) residues - fruit 
and vegetables yes yes yet yet yet 
89/321 Trichinae 
(1.9.89) yes yes yes yes yet yet 
89/360 Testing of 
(1.10.89) brucellosis yes yes yes yes yee yet yet 
89/365 Plant protection 
(31.12.89) products yes ye* yes yet yet 
yet 
-181-
Dlrectlve Subject DK UK EL IRL NL 
Transports 
74/561 Admission to the 
(31.12.76) occpuation of 
road haulage 
operator yes yes yes yes yes A/317/85 A/85/79 
n.m.n. n.m.n. 
(delete) Judgment 
Case 10.11.81 
89/88 Case 
28/81 yes yes yet yes 
74/562 Admission to the 
(31.12.76) occupation of 
road passenger 
transport operator yes yes yes ye; yes yes A/175/83 
n.m.n. 
Judgment 
5.11.86 
Cate 
160/85 
A/318/85 
n.m.n. 
(delete) 
Case 
287/87 A/113/79 
n.m.n. 
Judgment 
10.11.81 
Case 
29/81 yet yet yet 
75/130 Combined road/raiI yes 
(1.10.75) carriage of goods A/169/88 yes 
n.p.a. 
r.o. yes yes A/176/83 
n.m.n. 
Judgment 
5.11.86 
Case 
160/85 
yes A/263/87 
n.p.a. 
(delete) 
Cate 
45/89 yet yet yet yes 
76/914 Road transport -
(19.12.78) training for 
drivers yes yes yes yes yet yes yet yet 
-182-
Dlrectlve Subject DK UK EL IRL 
77/796 Recognition of 
(1.1.79) qualifications yes yes yes yes yes A/141/80 yes 
n.m.n. 
Judgment 
11.10.83 
Case 
273/82 
A/17/85 
n.m.n. 
(delete) 
Case 
71/88 
79/1034 
(1.1.79) Tankers yes yes yes yes yes yes yes yes yes NL 
yes 
yet yet 
80/1178 
(1.1.81) Admission to the 
occupation of 
road haulage 
operator yes yee yes yes yes yes yes yes 
80/1179 Admission to the 
(1.1.81) occupation of 
road passenger 
transport operator yes yes yes yes yes yes yes yes 
80/1180 
(1.1.81) Goods haulage 
operators yes yes yes yes yes yet yet yet 
yes 
yet 
80/1263 
(30.6.82) Driving licence yes yes yes yes A/121/87 yes A/123/87 A/124/87 yet 
n.p.i. 
r.o. n.p. 
r.o. n.p.I. 
r.o. 
80/1266 Air accidents 
(1.7.81) yes yes yes yes yes yes yes yet yet yet 
82/603 Combined road/rail yes 
(1.4.83) carriage of goods yes yes yes yes yes yet yet yet yet yet 
X 
yet yet 
yet yet 
yet yet 
yet 
yet yet 
-183-
Dlrective Subject DK UK EL IRL NL 
82/714 Technical 
(1.1.85) requirements for 
inland waterway 
vessels A/202/85 
n.m.n. 
Judgment 
24.5.88 
Case 
307.86 yes yes yçs yes yes yes yes yet yet yet yet 
A/356/89 
n.m.n. 
169 
letter 
(Art. 171) 
83/416 Authorization of 
(1.10.84) air transport 
services yes yes yes yes A/241/87 yes 
n.m.n. 
169 
letter yet yet yet yet yet 
X 
84/647 
(30.6.86) Hired vehicles 
for the carriage 
of goods yes yes yes yes yes yes yes A/451/87 yet yet yet yet 
n.m.n. 
r.o. 
85/3 
(1.7.86-
1.1.90) Weights and 
dimensions of 
certain vehicles yes yes yes yes yes yes yes yes yes yet yet yet 
85/347 
(1.10.85) Duty-free 
a Ilowance for fuel yes yes yes yes yes yes yes yes yet yet yet yet 
85/505 Authorization -
(1.1.87) carriage of goods yes yes yes yes yes yes yes yet yet 
85/579 Admission to the yes 
(1.1.86) occupation of road 
passenger transport 
operator yes yes yes yes yes yes yes yet yet yet 
-184-
Dlrectlve Subject DK UK EL IRL NL 
86/216 Air transport 
(30.6.86- of passengers 
1.7.93) yes yes yes A/301/87 yes 
n.m.n. 
169 
letter yes yet yes yes 
86/360 Weights and 
(1.7.86- dimensions of 
1.1.90- certain vehicles 
1.1.92) yes yes yes yes yes yes yes yet yet yet yet yet 
86/364 Weights and 
(29.7.87 dimensions of 
certain vehicles yes yes yes yes yes yes yes yet yet yet yes 
86/544 Combined carriage yes 
(1.7.87) of goods yes yes yes yes yes yes yet yet yet yet yet 
<^> 
87/540 Access to 
(30.6.88) occupation of 
carrier of goods 
by waterway 
87/601 Fares for 
(31.12.87) scheduled air 
services A/364/89 A/456/89 yes 
n.m.n. n.m.n. 
169 169 
letter letter 
yes yes yes yes 
yes A/365/89 
n.m.n. 
169 
letter yes 
yes yes yes yet yet A/366/89 
n.m.n. 
169 
letter 
yes yet yet A/495/88 
n.m.n. 
169 
letter yet 
89/463 Interregional 
(1.11.89) air services 
-185-
Directlve Subject DK UK EL IRL NL 
Energy 
68/414 Stocks of crude 
(1.1.71) oil yes yes yes yes yes yes A/316/88 yes 
n.p.a. 
r.o. yes yes yes 
72/425 Stocks of crude yes yes 
(1.1.75) oil yes yes yes yes A/316/88 yes 
n.p.a. 
r.o. yes yes yes 
75/339 Stocks of fossil 
(1.1.78) fuel yes yes yes yes yes yes yes yes yes yes 
75/404 Registration of 
(31.12.75) the use of 
natural gas yes yes yes yes yes yes yes yes yes yes yee 
75/405 Registration of 
(31.12.75) the use of 
petroleum 
products yes yes yes yes yes yes yet yes yet yet yet 
X 
c*> 
76/491 Mineral-oiI price 
(1.1.77) A/97/89 yes 
n.m.n. 
(delete) 
Case 
374/89 yes yes yes yes yes yes yet yet yes yet 
78/170 Heat generators 
(1.1.81) yes yes yes yes yes yes yes yes yet yes yet 
82/885 Heat generators 
(6.6.84) yes yes yes yes yes yes yes yes yes yes yes 
85/536 Crude-oil savings 
(1.1.88) A/173/89 yes 
n.m.n. 
169 
letter yes yes yes yes yes A/175/89 yes 
n.m.n. 
169 
letter yet A/297/89 yes 
n.m.n. 
169 
letter 
-186-
Directlve Subject B D DK E F UK EL I IRL L NL 
Budget 
77/388 Sixth VAT yes yes yes yes A/253/87 yes yes yee yes yet yet yes 
(1.1.78) Directive n.p.a. 
(delete) 
Cate 
30/89 
ON 
-187-
Dlrectlve Subject DK UK EL IRL NL 
Customs union and indirect taxation 
Customs union 
69/73 Provisions 
(1.10.69) relating to free 
zones yes yes yes yes yes yes yes yes yes yet yet yet 
75/349 Inward processing yes 
(1.1.76) yes yes yes yes yes yes yet yet yet yet yet 
77/805 Manufactured 
(1.7.78) tobacco-taxes yes yee yes yes yes yes yes yet yet yet yet 
76/453 Payment of duties yes 
(1.1.79) yes yes yes yes yes yee yee yet yet yet yet 
79/623 Customs debt 
(1.1.82) A/355/87 yee yee yes yee yes yee yes yet yet yet 
n.p.a. 
r.o. yet 
3 
76/695 Release for free 
(1.7.82) circulation yes yes yes yes yet yes yet yet yet yet yet 
81/177 Procedures for 
(1.1.83) the export of 
goods yes yes yes yes yes yes yes A/168/83 yet 
n.m.n. 
Judgment 
30.4.86 
Case 
158/85 
A/502/87 
n.m.n. 
(delete) 
Case 
208/89 
(Art. 171) yet 
yet yet yet 
-188-
Dlrectlve Subject DK UK EL IRL NL 
82/57 Release for 
(1.7.82) free circulation yes yes yes yes yes yes yes A/183/84 
n.p.a. 
Judgment 
27.1.87 
Case 
275/85 
A/240/88 
n.p.a. 
r.o. 
(Art. 171) yet yes yet yet 
82/347 Procedures for the 
(31.12.83) export of goods yes yes yes yes yee yes yes A/162/83 
n.m.n. 
Judgment 
30.4.86 
Cate 
158/85 
A/503/87 
n.m.n. 
(delete) 
Cate 
208/89 
(Art. 171) yet yet yet yet 
c* 
83/643 Inspect lone In A/67/89 
(31.12.84- respect of the n.p.a. 
31.12.86 carriage of goods r.o. A/281/87 
n.p.a. 
Judgment 
28.11.89 
Caee 
186/88 yee ye«* yes yes A/475/86 
n.p.a. 
(delete) 
Case 
205/89 A/114/86 
n.p.a. 
Judgment 
30.5.89 
Cate 
340/87 yet 
A/322/88 A/366/87 
n.p.a. n.p.a. 
r.o. (delete) 
Cate 
187/89 
A/33/88 
n.p.a. 
(delete) 
Cate 
209/89 yet yet yet 
-189-
Dlrecttve Subject DK UK EL IRL NL 
83/643 
(continued) A/314/88 
n.p.a. 
A/42/89 
n.p.a. 
r.o. 
85/479 Mutual assistance yes 
(1.1.86) yes yes yes yes yes yet yet yet 
86/489 Mutual assistance yee 
(1.1.81) yes yes yes yes yes yet yet yet yet yet 
87/53 Physical 
(1.1.87) inspections 
In respect of the 
carriage of goods yes yes yes yes yes A/352/88 A/353/88 yet 
n.m.n. 
r.o. n.m.n. 
r.o. yet yet 
LSI Indirect taxation 
69/169 Tax-free allowances yes 
(1.1.70) In International 
travel A/40/82 A/298/87 
n.p.a. n.p.a. 
Judgment r.o. 
14.2.84 
Case 
325/82 
A/320/85 A/328/87 
n.p.a. n.p.a. 
r.o. (delete) 
(Art. 171) Case 
208/88 yes yee yes yes yet A/96/86 
n.p.a. 
(delete) 
Cate 
367/88 
A/247/87 
n.p.a. 
(delete) 
Cate 
158/88 yet yet yet 
72/464 Taxes on 
(1.7.73) manufactured 
tobacco yes yes yes yes A/271/85 
n.p.a. 
Judgment 
13.7.88 
Case 
169/87 yes yes yet yet yet yet A/491/87 
n.p.a. 
r.o. 
-199-
Directive Subject DK UK EL IRL NL 
77/388 Sixth VAT Directive yes yes 
(1.1.78) yes A/323/88 A/53/88 
n.p.a. 
r.o. n.p.a. 
r .o. 
A/213/88 
n.p.a. 
r.o. A/202/88 
n.p.a. 
r.o. A/199/88 
n.p.a. 
r.o. A/262/81 
n.p.a. 
Judgment 
28.6.88 
Case 
3/86 
A/188/88 
n.p.a. 
Judgment 
21.6.88 
Case 
257/85 
A/209/85 
n.p.a. 
Judgment 
24.5.88 
Case 
122/87 
A/428/89 
n.p.a. 
169 
letter 
(Art. 171) 
A/429/89 
n.p.a. 
169 
letter 
(Art. 171) yee yes A/153/83 
n.p.a. 
Judgment 
26.3.87 
Case 
235/85 
A/201/88 
n.p.a. 
r.o. 
A/337/88 
n.p.a. 
169 
letter 
(Art. 171) yes 
X 
LS» 
A/663/89 
n.p.a. 
169 
letter 
(Art. 171) 
-191-
Dlrectlve Subject B DK UK EL I IRL NL 
83/181 Importation of yes 
(1.7.84) goods yes yes yes yes yes A/422/84 
n.m.n. 
Judgment 
24.11.87 
Case 
125/86 
A/446/88 
n.m.n. 
169 
letter 
(Art. 171) yes yet yet 
83/182 Temporary Imports yes yee 
(1.1.84) A/127/86 A/471/89 yee 
n.p.a. 
r .o. n.m.n. 
169 
letter yes yes yet yet yet yet A/472/89 
n.m.n. 
169 
letter 
83/183 Permanent imports yes yes 
(1.1.84) 
84/386 Movable tangible yes 
(1.1.85) property yes 
yes yes A/402/87 
n.p.a. 
(Helete) 
Cose 
31/B9 
yes yee 
yes yee A/359/87 A/421/84 yet 
n.p.a. 
(delete) 
Case 
88/89 n.m.n. 
Judgment 
24.11.87 
Case 
124/86 
A/445/88 
n.m.n. 
169 
letter 
(Art. 171) 
yes yes A/37/86 
n.m.n. 
Judgment 
2.2.89 
Cate 
353/87 
A/664/89 
n.m.n. 
169 
letter 
(Art. 171) yes yet yet yet X 
yet yet yet 
-192-
Dlrective Subject B DK UK EL IRL NL 
85/346 Permanent imports yes 
(1.10.85) yes yes yjs yes yee yes yes yee yes yet yes 
85/362 Temporary 
(1.1.86) importation of 
goods yes yes yes A/473/89 yes 
n.m.n. 
1$9 
letter yes yes yes yes yet yes yet 
86/247 
(1.1.87) Twenty-first VAT 
Directive yes yes yes yes yes yes yes yes yes yes yes yes 
86/560 
(1.1.88) VAT - refund to 
taxable persons 
not establI shed 
In the Community yes yes yes yes yes yes yes A/443/88 yet 
n.m.n. 
169 
letter yes yet yet 
87/53 
(1.7.87) Inspections in 
respect of the 
carriage of 
goods A/67/89 
n.p.a. 
r.o. yes yes yes yes yes yes yes yet yet yet yet 
X 
87/198 Exemption on 
imports In 
International 
travel (DK) yes yes yes yee yes yes yet yes yes yet yet 
88/331 Final importation 
(1.1.89) of goods yes yes yes yes yes yet yet A/578/89 A/583/89 yet 
n.m.n. n.m.n. 
169 169 
letter letter yet yet 
88/663 Tax reliefs - yes 
(1.7.89) small consignments yes yes yes yes yes yes yet yet yet yet 
88/664 Exemption on 
(1.7.89) Imports In 
International 
travel yes yes yes yes yee yes yes yet yet yet yes 
-193-
Dlrectlve Subject DK UK EL IRL NL 
Telecommunications, information Industries and Innovation 
86/361 Mutual recognition A/630/89 yes 
(26.7.87) of type-approval n.m.n. 
for 169 
telecommunications letter 
terminal equipment A/632/89 
n.m.n. 
169 
letter A/628/89 A/634/89 A/636/89 yes 
n.m.n. n.m.n. n.m.n. 
169 169 169 
letter letter letter A/638/89 A/640/89 A/642/89 
n.m.n. n.m.n. n.m.n. 
169 169 169 
letter letter letter 
,87/372 Frequency bands A/631/89 yes A/633/89 
(26.12.88) reserved for public n.m.n. n.m.n. 
communications 169 169 
letter letter yes A/635/89 A/637/89 A/629/89 A/639/89 A/641/89 A/643/89 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 169 169 169 169 169 
letter letter letter letter letter letter 
Task Force for Human Resources, Education, Training and Youth 
77/486 Education of the 
(2.8.81- children of 
31.10.82) migrant workers yes yes yes yet 

ISSN 0254-1475 
COM (90) 288 final 
DOCUMENTS 
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