5. 12. 88 Official Journal of the European Communities NoC 310/1 
I 
(Information) 
COMMISSION 
FIFTH ANNUAL REPORT 
to the European Parliament 
on Commission monitoring of the application of Community law 
— 1987 — 
COM(*%) 42i yw 
(88/C 310/01) 
5. 12. 88 Official Journal of the European Communities No C 310/3 
CONTENTS 
Page 
INTRODUCTION 5 
SECTOR-BY-SECTOR ANALYSIS 
I. AN AREA WITHOUT FRONTIERS 
A. A single market 
Economic and monetary policy 7 
Free movement of industrial products and foodstuffs 7 
Public procurement 11 
Social dimension of the single market: employment social policy and education 12 
Customs union 13 
Indirect taxation 14 
Financial institutions and company law 15 
Free movement of agricultural products 15 
B. A People's Europe 
Economic and monetary policy 16 
Internal market 16 
Free movement of persons and freedom to provide services 16 
Consumer protection 17 
Driving licences 17 
Indirect taxation 17 
II. OTHER QUESTIONS 
Legal matters 18 
Statistical matters 18 
Administrative matters 18 
Budgetary matters '. 18 
Competitions 19 
Environment 19 
Agricultural policy 20 
Fisheries 21 
Transport policy 21 
Energy policy 22 
Development cooperation policy 22 
^oCMoUO^t ^hc^l]ourn^lo^rti^Enron^nC^orrirnLin^n^ ^ t^ ^ 
T^8L^^n^t^r^ 
t^age 
No 1 infringement proceedings pursued smce!980 classified by stage of proceedings and Member State 23 
No 2 Number of letters of formal notices, 198^ to!987,classified by sector 24 
No 3 Number of reasoned opimons,198^tol987,classified by sector 2^ 
No 4 Number of references to tbe Court of^ustice,198^ to 1987, classified by sector 2^ 
No ^ Infringement proceedings pursued smce!980 classified by stage of proceedings and sector 27 
No ^ Infringement proceedings initiated smce!980 classified by sector and legal basis 28 
No 7 Number of infringement proceedings pursued since 1982 classified by legal basis and stage of proceedings 29 
No 8 Number of infringement proceedings pursued smce!984 classified by Member State, legal basis and stage of 
proceedings 30 
No 9 references to Court and judgments since 1980 31 
No 10 Court of justice judgments delivered up to31 December 1987not complied witb 34 
No 11 review of significant judgment of national courts of final instance 43 
No 12 Complaints and infringements detected by tbeCommission^sown inquiries smce!982 classified by sector 4^ 
No 13 Transposal into national law of directives requiring transposal by31 Decemberl987classifiedbyMember 
State 49 
ANN^X^S 
^ — Infringements oftnetreaties and regulations ^0 
^ — tnfrmgements of directives 70 
5. 12. 88 Official Journal of the European Communities No C 310/5 
INTRODUCTION 
1. The fifth annual report on the application of 
Community law by the Member States deals with the 
monitoring of the application of Community law during 
1987. Like its four predecessors ('), it represents a 
response to the desire expressed by the European 
Parliament in its resolution of 9 February 1983 (2). 
2. As in the past, the report comprises: 
— a summary of infringements of the Treaties and regu­
lations as at 31 December 1987 and of the 
infringement proceedings terminated during 1987 
(Annex A), and 
— a review showing the stage reached in the application 
of directives as at 31 December 1987 (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 ('). 
3. The presentation of the report is essentially similar 
to that of last year. The following points should however 
be noted: 
(a) The sector-by-sector analysis again highlights the 
priority objective of an area without frontiers which 
would be at the same time a single market and a 
people's Europe. This year the section on the single 
market includes a specific analysis of public 
procurement, in view of its importance in attaining 
the single market; 
(b) fresh graphs have been drawn up (Nos 2, 3 and 4) 
indicating the trend in the number of letters of 
formal notice, reasoned opinions and actions 
brought before the Court in relation to each sector 
of activity; 
(') First annual report (COM(84) 181 final, 20. 4. 1984). 
Second annual report (COM(85) 149 final, 23. 4. 1985). 
Third annual report (OJ No C 220, 1. 9. 1986). 
Fourth annual report (OJ No C 338, 16. 12. 1987). 
O OJ No C 68, 14. 3. 1983. 
(3) In accordance with the rules of confidentiality followed by 
the Commission in the preceding reports, Annexes A and B 
include proceedings before the Court of Justice and 
reasoned opinions, but do not mention letters of formal 
notice, except for those sent to Member States for failure to 
notify national measures implementing directives of for 
failure to comply with a judgment of the Court of Justice 
(Article 171 of the EEC Treaty). On the other hand, the 
statistical tables give an overall view of all the stages of the 
procedure under Article 169 of the EEC Treaty, including 
that of the letter of formal notice. (c) as regards the stage reached in the application of 
directives (Annex B), cases of failure by Spain and 
Portugal to incorporate directives will be shown 
from the sixth report (1988) onwards; 
(d) in response to a desire expressed by the European 
Parliament, the review of the stage reached in the 
application of directives is accompanied by a graph 
showing, for each Member State, the degree of 
incorporation (notification of national implementing 
measures) of the directives for which the time limit 
had expired by 31 December 1987 (graph 13); 
(e) the summary of important judgments given by 
national courts of last instance is accompanied by a 
breakdown showing the number of preliminary 
questions referred by each Member State and by 
each court. 
4. The summaries and tables in the fifth annual report 
call for the following comments: 
(a) The number of letters of formal notice has increased 
slightly over last year. This increase is concerned 
mainly with the internal market, employment and 
social questions, the environment, and consumer 
protection; on the other hand, there has been a 
reduction in those concerned with agriculture (see 
tables 1, 2 and 5); 
(b) the number of reasoned opinions, which had gone 
down in 1986, rose again in 1987, particularly in 
connection with the customs union and indirect 
taxation, but also in connection with the internal 
market and industrial affairs, employment and social 
affairs, the environment, and consumer protection 
(see tables 1, 3 and 5). 
(c) the number of actions brought before the Court, on 
the other hand, has continued to fall in practically all 
areas (see tables 1, 4 and 5); 
(d) the number of judgments of the Court of Justice 
which have not yet been complied with rose slightly, 
in proportion to the increase in the number of 
judgments delivered (see tables 9 and 10); 
(e) the number of complaints is still growing, while that 
of cases detected by the Commission's own enquiries 
has fallen slightly (see table 12). The number of 
complaints has thus risen again in 1987, particularly 
as regards the compatibility of national rules or 
practices with Articles 30 and 36 of the EEC Treaty 
and in connection with public procurement. 
5. These facts call for the following comments: 
(a) Letters of formal notice: 
(i) Both in relation to the internal market and in 
relation to the environment and consumer 
protection, the number of letters of formal 
No C 310/6 Official Journal of the European Communities 5. 12. 88 
notice has reached its highest level since 1979. 
In the case of the internal market, this is due to 
an intensification of monitoring of the 
observance by Member States of Article 30 of 
the Treaty and of the Community directives on 
public procurement. These two areas are vital 
for the Commisson's strategy to complete the 
internal market. As regards the environment and 
consumer protection, the marked increase in 
letters of formal notice is due to an intensifi­
cation of monitoring of the application of the 
directives on the environment, particularly in 
the context of the European Year of the En­
vironment. (d) The increase in the number of complaints — which 
have more than doubled in five years — shows the 
increasing public interest in the functioning of the 
'Community based on law'. Complaints addressed to 
the Commission are the most direct and effective 
instrument available to the citizen to ensure the 
application of Community law, leaving aside of 
course proceedings before a national court. The 
Commission is striving to speed up its decisions on 
complaints and to adhere more closely than in the 
past to the time limit of one year that it has imposed 
on itself (commencement of Article 169 proceedings, 
or deciding to take no action, within a year). 
(ii) As regards social questions, the marked increase 
in the number of letters of formal notice as 
compared with 1986 is due partly to the 
importance the Commission continues to attach 
to the application of the directives on equal 
treatment for men and women, and partly to its 
new approach to non-discrimination in access to 
public employment (Article 48 (4)). 
(iii) As regards agriculture, on the other hand, the 
number of letters of formal notice has fallen, 
both for infringements of directives and for 
infringements of the Treaty and regulations. In 
the case of directives, this seems bo be a result 
of the sustained effort by the Member States — 
noted two years ago — to apply the agricultural 
directives correctly. In the case of the Treaty 
and regulations, the reduction is due to the fact 
that, although the number of complaints 
continues to rise, many cases are already settled 
before infringements proceedings start. 
(b) The number of reasoned opinions has increased, in 
parallel and for the same reasons, in the areas of the 
internal market and of environmental and consumer 
protection. They have also increased in the sphere of 
indirect taxation, again attaining the 1985 level. This 
is because in 1987 the Commission has continued 
infringement proceedings commenced earlier in cases 
of double taxation on secondhand goods (Schul 
cases) or discrimination in excise duty on beer. 
(c) The fall, which began in 1986 and continued this 
year, in the number of actions commenced before 
the Court of Justice is significant. Moreover, it is a 
general phenomenon: whilst the number of 
infringement proceedings commenced, and of 
reasoned opinions, has more than doubled in five 
years, the number of cases in which an action before 
the Court has been commenced has risen by only 
50 %. This is the result of a general tendency to 
regularize the infringement after the reasoned 
opinion has been issued, and confirms the results of 
the Commission's efforts to have infringements regu­
larized before the litigation stage is reached. e) Cases detected by the Commission's own enquiries 
have fallen slightly but those detected by 
Parliamentary questions and petitions have remained 
at the same level as in the previous year, which 
indicates the importance of Parliament's contribution 
to identifying cases of infringement and the 
Commission's vigilance on the matter. Special 
arrangements were made to ensure that 
infringements brought to light by Parliamentary 
questions or petitions are dealt with as quickly as 
possible, and these are proving effective. 
6. Finally, the Commission wishes to draw the 
attention of the European Parliament to the following 
points: 
(a) In this respect, Article 169 of the EEC Treaty is now 
an instrument for the achievement of a policy, and 
not solely an essential legal instrument. The objective 
of Article 8 a of the Treaty, namely to achieve by 
1992 an area without internal frontiers, is now the 
Commission's priority objective and requires a strict 
application of existing Community law. It is Article 
169 which makes it possible to monitor this 
application and ensures its observance by the 
Member States. 
(b) The Commission is making strenuous efforts to give 
greater publicity to this twofold line,of action. It is at 
present taking steps to ensure that the public is 
appropriately informed not only about the 
Commission's action but also, and above all, on the 
rights of each individual and each firm at 
Community level. As well as booklets for the use of 
the public, and guides and popular explanations, 
which the Commission will be issuing shortly, it also 
in cases of particular significance for the internal 
market or the environment, issues press releases 
when it begins infringement proceedings. Of the 
infringements connected with the single market, a 
large number are rgularized at the reasoned opinion 
stage, before an action is commenced before the 
Court: in these cases also, the Commission intends to 
5. 12. 88 Official Journal of the European Communities No C 310/7 
make traders aware of the results of the action it has 
taken against the Member States. 
(c) The Commission also regards Article 177 of the EEC 
Treaty as a particularly important means of redress 
for the citizen and a fundamental means of creating 
law. 
In this connection it would like to emphasize two of 
the problems arising in giving effect to Article 177: 
the different rules on the recovery of costs in the 
Member States, and the use, sometimes amounting 
to misuse, of the acte clair theory by national courts. 
(i) As regards costs, in certain Member States the 
successful party can recover the whole of the 
costs of the proceedings from his adversary, 
including those of legal representation before 
the Court of Justice. In other Member States he 
cannot recover his costs and must bear them 
himself. This situation creates for the citizens of the Member States important differences in 
relation to access to the procedure of Article 
177 of the EEC Treaty. 
(ii) Although the number of references under 
Article 177 is increasing, it should be noted that 
this increase is still restrained by a misuse of the 
acte clair theory. By the use of this theory, 
certain national courts of last instance do not 
feel obliged to refer preliminary questions to the 
Court, and interpret Community law them­
selves-, sometimes incorrectly. Needless to say, 
courts are entitled to interpret Community law 
themselves when the question has already been 
decided by the Court of Justice, but the attitude 
of certain courts has the effect of emasculating 
Article 177 of the EEC Treaty. 
The Commission considers that the European 
Parliament could exert a definite influence in 
resolving these two problems. 
SECTOR-BY-SECTOR ANALYSIS 
I. AN AREA WITHOUT FRONTIERS 
A. A SINGLE MARKET 
Economic and monetary policy On the other hand, the Commission continued its 
infringement proceedings in relation to the refusal by 
Greece to liberate blocked funds belonging to residents 
of other Member States. In its judgment in Case 194/84 
the Court held that Greece had failed to fulfil its obli­
gations in this respect. 
1. As regards capital movements (Articles 67 et seq. of 
the EEC Treaty), the improvement in the external 
payments positions of Italy and Ireland led the 
Commission to change its decisions authorizing those 
Member States under Article 108 (3) of the EEC Treaty 
to maintain restrictions on certain capital movements 
liberalized under Community law. Thus the decision 
concerning Italy was revoked on 31 July (') and that 
Member State is now fulfilling the whole of its 
Community obligations in relation to capital movements. 
The decision concerning Ireland, taken on 16 
December (2) and due to expire at the end of 1987, was 
extended to 31 December 1988 and revised to as to 
reduce its scope considerably. As well as Ireland, Greece 
also may maintain, until the end of 1988, restrictions on 
capital movements under the safeguard clause of Article 
108 (3) of the EEC Treaty. Spain and Portugal may also 
maintain such restrictions until 1990 and 1992 respect­
ively under transitional provisions in the Act of 
Accession. Free movement of industrial products an foodstuffs 
3. The achievement of a single market by 1992 in 
which goods will move in the same conditions as those 
of an internal market does not involve merely the 
adoption of a certain number of new rules, but also, and 
indeed primarily, the correct and complete application of 
the existing rules, starting with those of the EEC Treaty 
itself. Among those rules the most important are Articles 
30 and 36 of the Treaty, which form the basis for the 
principle of mutual recognition of national rules and 
standards, the centrepiece of the Commission's new 
strategy for attaining the internal market in industrial 
products and foodstuffs. 
2. In November the Commission withdrew its action 
before the Court of Justice against Greece for failure to 
incorporate directives concerning the liberalization of 
capital movements, since Greece had in June adopted a 
Presidential Decree satisfactorily resolving all the points 
in dispute. 
O OJ No L 224, 12. 8. 1987. 
(2) OJ No L 5, 8. 1. 1988. 4. Article 30 prohibits, between Member States, quan­
titative restrictions on imports and measures having 
equivalent effect. The very wide interpretation given to 
this latter concept, which covers — in the words of the 
Court of Justice — 'all trading rules . . . capable of 
hindering, directly or indirectly, actually or potentially, 
intra-Community trade', enables the Commission as 
'guardian of the Treaties' to secure the elimination of the 
most diverse and sophisticated forms of obstacles to 
trade. 
No C 310/8 Official Journal of the European Communities 5. 12. 88 
5. More than a thousand cases (complaints, cases 
detected by the Commission's own enquiries, suspected 
and confirmed infringements, compliance with the 
Court's judgments) concerning the compatibility of 
national rules or practices with Articles 30 and 36 of the 
EEC Treaty have thus been examined by the 
Commission's staff in 1987. Of these, 350 were new 
complaints introduced during the year, and 35 were 
cases brought to light by Members of the European 
Parliament in written or oral questions. 
6. The ever-increasing number of cases dealt with 
amply justifies the organization of periodic meetings 
between the Commission's staff and the national 
administrations devoted to examining cases that are 
under investigation or form the subject of proceedings. 
These meetings have often proved very fruitful in that 
they make it possible to settle numerous cases involving 
obstacles to trade without the need for infringement 
proceedings under Article 169 of the Treaty. The 
Commission therefore intends to continue these meetings 
and organize them with each Member State. 
The following are some illustrations of cases that have 
been satisfactorily settled without any need for formal 
proceedings: 
(i) The United Kingdom authorities had granted 
investment aid to a Japanese company on conditions 
that it purchased in the United Kingdom 60 % of 
the components used in the manufacture of its 
products. Following the Commission's intervention, 
this condition was amended so that all products 
originating in the Community are treated in the 
same way. 
(ii) The Luxembourg customs, on the basis of a customs 
circular, had seized homeopathic medicines properly 
acquired in the Netherlands on a Belgian doctor's 
prescription, and intended for the personal use of 
the person importing them into Luxembourg. 
Following a written Parliamentary question, the 
Commission intervened with the Luxembourg auth­
orities, who then redrafted the circular. 
(iii) The French authorities amended a decree requiring 
that gas appliances and equipment marketed in 
France must be in conformity with French 
standards. The amendment provides that such 
appliances and equipment coming from another 
Member State will be considered to satisfy French 
standards if they are in conformity with the 
standards of that Member State and those standards 
can be considered equivalent to French standars. 
(iv) Portuguese rules provided that connection of private 
electronic telephone exchanges to the national telecommunications network depended on the 
percentage of national components incorporated in 
the equipment. Once the Commission had drawn 
the attention of the Portuguese authorities to the 
fact that this condition was incompatible with the 
EEC Treaty, it was removed. 
(v) Spanish legislation required that, before imported 
goods could be cleared through customs, the 
invoices had to be authenticated by the Spanish 
consulate in the Member State from which the 
goods had come. This requirement was eliminated 
on 1 March 1987. 
The requirement of an ageing certificate issued by 
the authorities of the country of origin for the 
importation of aged Scotch whisky was similarly 
repealed on 3 April 1987. 
(vi) Following a written Parliamentary question, the 
Commission intervened with the French authorities 
regarding the rule that aspartame (a table 
sweetener) could be sold only in pharmacies. There 
was no reason based on protection of public health 
to justify this rule, which restricted the distribution 
possibilities of a product imported from another 
Member State. The rule was repealed. 
Numerous cases in which the Commission had 
commenced infringement proceedings in the preceding 
years were settled satisfactorily in 1987. Some examples 
(i) The Greek authorities had imposed a price increase 
on retail sales of imported cigarettes, so that their 
price became less competitive compared with that of 
domestic products. Following the Commission's 
intervention, the Greek authorities restored 
importers' freedom to fix their prices. 
(ii) The Greek authorities also, at the Commission's 
request, amended a decree prohibiting the 
importation of any product resembling a medicine. 
It had been applied in such a way that certain sweets 
could no longer be imported into Greece. 
(iii) By a Ministerial decree of 7 June 1987, the Belgian 
authorities repealed two instruments fixing 
maximum prices for imported books, which the 
Commission considered incompatible with 
Community law as interpreted by the Court. 
(iv) The Spanish authorities repealed various rules 
impeding imports of spirits obtained from malt and 
intended for making whisky, particularly the obli­
gation to incorporate in the manufacturing process 
25 % of domestic malt spirits. The prohibition on 
5. 12. 88 Official Journal of the European Communities No C 310/9 
marketing 'sparkling grape juice' in Spain in the 
presentation under which it is traditionally sold in 
other Member States ('champagne' type bottle and 
wire-bound cork) was also abolished. 
(v) An Italian decree required firms marketing 
pesticides in Italy to have a representative estab­
lished in that country. This requirement, which was 
incompatible with Community law, was abolished 
by a new decree published on 31 January 1987. 
(vi) The Italian authorities made a pratice of checking at 
the frontiers empty containers transported by rail. 
Following a reasoned opinion from the Commission, 
these checks were discontinued and replaced by spot 
checks at the station of destination. 
(vii) Complying with a reasoned opinion from the 
Commission, the Irish authorities withdrew an 
administrative circular requiring that copper 
connectors used in public works must be certified as 
in conformity with the Irish Standard Specification 
and bear the mark of conformity with that standard. 
Henceforth, all products complying with Irish 
standards, international standards or the standards 
of other Member States regarded as equivalent are 
accepted. 
Other examples are given below, regarding foodstuffs 
(point 8) and registration of vehicles (point 9). 
7. Obstacles to the free movement of industrial products 
arise chiefly when States impose their own marketing rules 
on imported products in the absence of harmonized rules. 
National rules prohibiting the marketing of foodstuffs 
which do not observe the quality specifications set at 
national level, or reserving certain descriptions under 
which they may be sold to products complying with such 
specifications (purity laws), fall into this category. The 
two judgments delivered by the Court of Justice in the 
beer cases (Case 178/84 Commission v. Federal Republik 
of Germany and Case 176/84 Commission v. Greece) are 
of special importance in this connection. The Court held 
that, since in other Member States the designation 'beer' 
is generic in nature and refers to a fermented drink 
manufactured from malted barley, either by itself or 
together with rice or maize, Germany and Greece cannot 
reserve that designation for beers brewed exclusively 
from malt barley in accordance with their national purity law. In these two judgments the Court also held that, 
whilst Community law does not prevent Member States 
from adopting legislation requiring prior authorization 
for the use of certain additivies, the principle of propor­
tionality requires that traders should be able to apply, be 
means of a procedure easily accessible to them and 
which can be completed within a reasonable time, for the 
use of specific additives to be authorized by an 
instrument of general application. 
8. Thus the Court confirmed, to a large extent, the 
principles outlined by the Commission in its communi­
cation to the Council and Parliament dated 8 November 
1985 concerning the completion of the internal market 
and Community legislation on foodstuffs ('). 
In that communication the Commission had indicated 
that it did not intend as a general rule to propose any 
further harmonization of quality specifications for food­
stuffs. During 1988 the Commission will publish a 
communication providing guidelines on interpretation 
based on these two judgments, which will set out the 
rights traders derive from the direct applicability of 
Articles 30 and 36 in the foodstuffs sector. 
Several cases of this type were settled in 1987. Two of 
them may be cited as examples. 
(i) The German authorities agreed that Danish 
'remoulade' sauce, not complying with German 
legislation on this product, could be marketed in 
Germany. The labelling should suffice to inform the 
consumer on the exact composition of the product, 
and enable him to distinguish it from the traditional 
German product. 
(ii) A Spanish rule prohibiting the export of sangria in 
receptacles with a capacity of more than two litres 
was repealed at the Commission's request. 
In other cases, the Commission had to continue the 
infringement proceedings it had commenced under 
Article 169 of the Treaty. 
(i) On such case concerns the French rules on the desig­
nation and presentation of soft drinks, which impede 
the importation and marketing of drinks made from 
fruit juice, lawfully sold under that designation in 
another Member State, because they do not contain 
(') COM(85) 603 final. 
No C 310/10 Official Journal of the European Communities 5. 12. 88 
the minimum amount of fruit juice required by 
French law. 
(ii) The Commission brought an action before the Court 
against Germany, seeking a declaration that 
Germany had infringed Article 30 of the Treaty by 
prohibiting the importation and marketing of 'pates' 
not complying with the rules on their composition 
laid down by German law. Under that law, 'pates' 
must be made exclusively from meat products, which 
excludes traditional 'pates' from other Member 
States in which eggs and milk, for example, are 
incorporated. 
9. Communications of this kind stem from the 
concern to make Community law more transparent and to 
provide more information, both for traders and for the 
national administrations, on the way in which the 
general principles laid down in Articles 30 to 36 have to 
be applied in a specific sector or in relation to a 
particular type of obstacle to trade. In this connection, 
the Commission intends to give priority to those topics 
on which a large number of complaints raise identical or 
similar problems. 
10. Among the problems most frequently mentioned 
are costs and delays occasioned by the procedures for 
registration and approval of imported vehicles which 
were already registered in another Member State. The 
Commission will also publish a communication on this 
subject during 1988. During 1987 the Court delivered 
two important judgments on this question: Case 406/85 
Goffette and Gilliard and Case 154/85 Commission v. 
Italy. The numerous infringement procedures instituted 
by the Commission on this subject have also enabled it to 
develop certain general principles which will be set out in 
this communication, and should permit Community 
citizens to overcome the problems that continue to arise 
in connection with the personal import of a vehicle. 
However, the Commission is already applying these prin­
ciples to the cases brought to its attention, as the two 
following illustrations show: 
(i) French rules provided that when an imported vehicle 
was not accompanied by a certificate of conformity 
issued by the manufacturer's representative in 
France, a simplified calculation of the horse-power 
(for taxation purposes) was used, which in most 
cases attributed to the imported vehicle a greater 
horse-power than that of a similar model marketed 
in France. Following the Commission's intervention, 
the French authorities applied the sam method of 
calculation to both. 
(ii) Having received early in 1987 numerous complaints 
about the registration of imported used vehicles in Spain, the Commission commenced infringement 
proceedings, but was able to suspend them later in 
the year as the Spanish authorities had changed the 
registration procedure and opened additional 
technical inspection centres. 
Such action by the Commission is not of benefit only to 
private individuals and parallel importers, but also to 
manufacturers and their representatives who encounter 
difficulties in securing approval for their models. 
Thus, the Commission brought an action before the 
Court concerning the Belgian arrangements for approval 
of coaches, of which one particularly restrictive aspect 
concerning the turning circle impeded the importation 
into Belgium of several manufacturers' top-of-the-range 
models. Once the Belgian authorities abolished the rule 
in question, the Commission withdrew its action. 
11. Similarly, parallel with the efforts at harmon­
ization in the telecommunications sector, particularly as 
regards the networks, the Commission commenced 
several procedures for infringement of Article 30 against 
national ruling making the import of telecommunications 
equipment (for example modems, and aerials for satellite 
reception) subject to compliance with national technical 
specifications more restrictive than was justified and to a 
long and expensive approval procedure intended to 
check compliance with those rules. 
12. Monitoring of observance of Articles 30 to 36 of 
the Treaty does not consist entirely in the action against 
infringements described above. New rules which the 
Member States are intending to adopt from the subject 
of a prior check to ensure their conformity with 
Community law in the context of the information 
procedure laid down by Directive 83/189/EEC. 
13. In 1987, 200 drafts of rules and technical standards 
were examined in this way in relation to Articles 30 
and 36 and other provisions of Community law. This 
examination led the Commission in about one-quarter of 
the cases to ask for amendments in the provisions 
notified at the draft stage so as to ensure that the 
adoption of the provisions would not create new 
obstacles to the free movements of goods, for products 
as varied as electronic taximeters, thermic insulating 
material or microwave ovens. During 1988 the 
Commission will present a complete report on the func­
tioning of the information procedure, as regards both the 
standards aspect and the technical rules aspect, to the 
European Parliament, after examination by the 
permanent committee set up by Directive 83/189/EEC. 
5. 12. 88 Official Journal of the European Communities NoC 310/11 
14. Finally, the Commission has commenced a study 
of the conditions in which compensation for damage 
resulting from a violation of the rules on free movement of 
goods is available in each Member State. It is important 
that firms and individuals who have suffered damage as a 
result of an obstacle to intra-Community trade should be 
adequately compensated. 
15. As regards harmonization, among the 73 directives 
concerned with the elimination of technical barriers to 
trade in industrial products for which the date of entry 
into force has passed, 54 infringement procedures are 
still in progress. Most of them, totalling 49 cases, 
concern failure to notify implementing measures. These 
cases are generally due to the slowness of the procedures 
for amendment of national legislation, and tend to 
resolve themselves after a certain time. Only in the case 
of Italy has the Commission been obliged to bring an 
action before the Court. As in the past, cases of 
non-conformity or incorrect application concern solely 
Directive 73/23/EEC of 19 February 1983, the 
'low-tension' Directive. In view of its very wide scope, 
covering a vast range of products and subjects, this 
Directive, despite the efforts made by the Commission in 
the past to make it more readily understood and to 
improve its operation, continues to raise certain problems 
of interpretation. On this matter, Spanish legislation 
includes some decrees requiring mandatory approval for 
products falling within the scope of application of the 
'low-tension' Directive. The Commission's examination 
of these decrees led it to bring an action before the 
Court on 11 August (Case 243/87). Meanwhile the 
Spanish Government adopted a decree incorporating the 
'low-tension' Directive into Spanish law; the decree is to 
enter into force on 1 December 1988. 
16. The number of notifications made by the Member 
States under Directive 83/189/EEC laying down a 
procedure for providing information on standards and 
technical rules is growing perceptibly from year to year. 
For 1987 it has grown by 33 % in relation to 1985. 
17. However, technical rules continue to be adopted 
at national level without the drafts having ben notified to 
the Commission under the procedure laid down by 
Directive 83/189/EEC. In 1986 the Commission had 
commenced infringement proceedings against seven 
Member States concerning a total of 76 cases of national 
rules which had not been notified in advance. In 1987 
only about ten such cases formed the subject of 
infringement proceedings, and no case has reached the 
stage of an action before the Court. This is because this 
year it was decided, in the spirit of the Directive itself, to 
pay more attention to preventing new obstacles to free 
movement of goods rather than pursuing failures to 
comply with the Directive. More attention has been paid to dealing with drafts notified than to dealing with 
infringements. 
18. However, the Commission fully realizes than an 
effective, complete and sytematic control of the 
application of the Directive is essential, particularly since 
its scope is shortly to be extended. Hence the 
Commission will shortly take the ncessary steps to ensure 
that the Directive is monitored as exhaustively as 
possible. For this purpose it intends to conclude contracts 
with agencies in each Member State for monitoring all 
the published national technical rules, so as to enable the 
Commission to take action in a completely systematic 
way against those Member States which omit to notify a 
number of their draft rules. 
19. The proceedings commenced in connection with 
the foodstuffs directives are concerned only with cases of 
failure to notify national implementing measures. 
Fourteen infringement procedures were terminated in 
1987. Sixteen cases are at the formal notice stage, and 
ten at the reasoned opinion stage. The Commission 
withdrew its action against France for failure to incor­
porate Directive 81/487/EEC (fruit juice). 
20. The principal objective of the chemicals directives 
is to ensure harmonization of legislation to permit the 
free movement of certain goods between Member States. 
This applies principally to detergents, fertilizers and 
dangerous substances and preparations. Since the last 
annual report to the European Parliament, the Member 
States have incorporated into their national legislation 
six different directives in this sector. Five letters of 
formal notice have been sent to Member States for 
failure to notify implementing measures concerning the 
directives on PCB/PCT and asbestos. The Court 
delivered two judgments in Case 134/86 concerning 
detergents. 
21. The incorporation into the laws of the Member 
States of the 111 Community directives in the sector of 
motor vehicles, agricultural tractors and motorcycles 
continues to make progress. Infringements in this sector, 
with the exception of one case, arise from the failure to 
incorporate the directives. Generally, it is the very 
lengthy administrative procedures that prevent the 
Member States concerned from incorporating the 
directives into their national law within the time limit set. 
Public procurement 
22. The opening-up of public procurement is a 
priority objective in the effort to turn the Community 
into a single market. For this purpose the Commission 
attaches great importance to an improvement in the 
correct application of the Community directives on 
No C 310/12 Official Journal of the European Communities 5. 12. 88 
public procurement ('), and satisfies itself that the rules 
on the free movement of goods (Articles 30 et seq. of the 
EEC Treaty) and freedom to provide services (Articles 
59 et seq. of the EEC Treaty) are being utilized to the 
full. The Commission therefore took action in this sector 
by means of legislation, by means of internal measures 
and by means of information to those concerned, both in 
the public and in the private sector. 
23. As regards legislation, the Commission sent to the 
Council, immediately after the entry into force of the 
Single Act, a proposal for a directive (2) based on Article 
100 A, seeking to strengthen the system of monitoring 
the application of directives. This proposal provides that 
the Member States must ensure that firms and suppliers 
have the means of initiating, at any stage of the 
procedure for the award of a public contract, an effective 
and rapid procedure before national administrative or 
judicial bodies so that any illegalities that may be 
committed in the course of the procedure may be 
recognized as such. In addition, the Commission would 
be able, in a case of emergency where there is a flagrant 
infringement, to intervene beforehand to ensure that the 
procedure for the award of a contract is suspended for a 
limited period. 
24. As regards internal measures, on 18 March the 
Commission took steps to speed up and rationalize the 
handling of infringements of the Community rules on 
public procurement. 
It also published (3) a guide to public procurement in the 
Community. This guide is intended as a tool for all 
users: those managing the Community structural funds 
and the European Investment Bank, national adminis­
trations, traders, etc. It is intended to: 
(i) provide the necessary information and interpretation 
for a correct understanding of the directives on 
public procurement and the Community principles 
underlying them; 
(ii) indicate the limits of the discretionary powers of 
contracting authorities and the obligations 
incumbent on them; 
(iii) provide all the information useful for those wishing 
to take part in public contracts and to bring out 
both the rights and obligations of those participating 
and the means of redress at Community level if they 
consider that their rights have been infringed. 
The guide will also be published in the form of a 
booklet. 
O Directive 71/305/EEC concerning the coordination of 
procedures for the award of public works contracts (OJ No 
L 185, 16. 8. 1971), Directive 77/62/EEC on the coordi­
nation of procedures for the award of public supply 
contracts (OJ No L 13, 15. 1. 1977), as amended by 
Directive 80/767/EEC (OJ No L 215, 18. 8. 1980). 
O OJ No 230, 28. 8. 1987. 
(») OJ No C 358, 31. 12. 1987. 25. As well as the action taken by the Commission, is 
should be noted that the Court of Justice found that 
Italy had failed to fulfil its obligations since an Italian 
municipality had applied incorrectly the Community 
rules on advertising and award of tenders for public 
contracts. A reasoned opinion was also sent to Greece 
for failure to incorporate into national law Directives 
77/62/EEC and 80/767/EEC on public supply 
contracts, and to Spain for having applied incorrectly 
Directive 77/62/EEC as regards the transmission of the 
tender and failure to observe the rules on publicity. 
Finally, the Commission commenced an action before 
the Court against Ireland for incorrect application of 
Directive 71/305/EEC on public works contracts. 
Social dimension of the single market: employment, social 
policy and education 
26. The Commission made strenuous efforts to ensure 
observance of the Treaty (Article 48 (4) on access to 
employment in the public service, Article 199 on equal 
pay for men and women) and the regulations adopted by 
the Council (e.g. regulations on the free movement of 
workers and the application of social security schemes to 
migrant workers). 
There are also several directives which Member States 
are required to incorporate into their national law. They 
concern the movement and residence within the 
Community of workers from Member States, equal 
treatment for men and women as regards employment 
and social security, and the protection of workers at the 
workplace. 
27. As regards the observance of the articles of the 
Treaty and the provisions of the regulations, the 
Commission commenced an action in 1987 before the 
Court of Justice against Belgium. Three other cases are 
still pending before the Court. Six fresh infringements 
(Belgium, France, Ireland) formed the subject of 
reasoned opinions, one of which was followed by the 
commencement of an action before the Court but the 
Commission later withdrew this action. 
28. As regards the failure to comply with directives or 
their incorrect application, four disputes (with Belgium 
and Germany) have been settled to the Commission's 
satisfaction and the cases have been closed. 
29. The following points should be mentioned in this 
connection: 
(i) as regards entry controls and the residence permit 
or establishment permit for Community citizens 
5. 12. 88 Official Journal of the European Communities No C 310/13 
enjoying the right of freedom of movement 
(Directives 63/360 and 73/148), the Commission 
commenced an action before the Court against 
Belgium (Case 321/87); November 1985 respectively in Cases 91/81 and 
131/84, Italy has still not taken the ncessary steps to 
apply Directive 75/129/EEC on collective redun­
dancies. 
(ii) as regards Directive 76/207/EEC on equality 
between men and women as regards access to 
employment, six infringement procedures were 
commenced against Belgium, France, Ireland, 
Luxembourg, the Netherlands and the United 
Kingdom. On the other hand, the Commission 
withdrew its action against Luxembourg (Case 
180/86); Customs union 
31. Resort to infringement proceedings in relation to 
customs matters is based essentially on the following 
objectives: 
(iii) two infringement procedures were continued against 
Greece and Italy for failure to comply with 
Directive 77/187/EEC on protection of employees 
in the case of transfer of an undertaking; 
(iv) an infringement procedure was opened against 
Belgium for incorrect application of Directive 
79/7/EEC concerning equal treatment of men and 
women as regards social security; 
(v) a reasoned opinion was sent to Greece for failure to 
comply with Directive 80/987/EEC on protection 
of employees in the case of insolvency of their 
employer. The Commission also commenced an 
action before the Court against Italy (Case 22/87). 
30. Finally, as regards the failure to notify national 
measures implementing directives, the Commission 
issued: 
(i) seven letters of formal notice concerning Directive 
80/836/Euratom amended by Directive 84/467/ 
EEC concerning the health protection of the general 
public and workers against the dangers of ionizing 
radiation; 
(ii) five letters of formal notice on Directive 
83/477/EEC concerning the protection of workers 
exposed to asbestos; 
(iii) one letter of formal notice on Directive 
84/466/Euratom concerning the radiological 
protection of persons undergoing medical treatment; 
(iv) still in the same field, the Commission brought 
actions before the Court of Justice in two cases 
(Belgium and Luxembourg) regarding the 
application of Directive 80/1107/EEC concerning 
the protection of workers against chemical agents 
(Cases 296/87 and 297/87); the Commission also 
particularly regrets that, despite two judgments of 
the Court of Justice delivered on 8 June 1982 and 6 (i) the elimination of any charges having equivalent 
effect to customs duties in intra-Community trade, in 
accordance with Articles 12 et seq. of the Treaty; 
(ii) the correct application of Community customs law 
with a view to completing the customs union, an 
indispensable corollary of the single market. 
32. The infringement proceedings concerning the 
import of military equipment free of customs duty are at 
the same point as in 1986 (*). However, as the Member 
States concerned have displayed a readiness to joint with 
the Commission in seeking a coherent overall solution in 
the framework of Community law, the Commission has 
prepared a proposal for a regulation on the temporary 
suspension of customs duties on certain arms and 
military equipment, which should be sent to the Council 
in 1988. 
33. Whilst the wording of certain directives has 
frequently made it difficult for the Commission to 
initiative infringement proceedings, their progressive 
replacement by regulations is likely to change the 
situation (2); thus, as regards the economic customs 
procedures (for example, the inward processing 
arrangements), the Commission takes firm steps to 
ensure that the regulations are observed. 
34. As regards the observance by Member States of 
the provisions of Commission Directive 86/489/EEC 
amending Directive 77/794/EEC laying down the 
practical arrangements necessary for the application of 
certain provisions of Directive 76/308/EEC concerning 
mutual assistance in the recovery of debts arising from 
operations forming part of the financing system of the 
EAGGF, the agricultural levies, customs duties and 
VAT, the Commission addressed a letter of formal 
notice of Belgium, Ireland, Italy and the Netherlands for 
failure to notify the national implementing measures. 
(') See fourth report on the monitoring of the application of 
Community law, point 36. 
(2) See fourth report on the monitoring of the application of 
Community law, point 38. 
No C 310/14 Official Journal of the European Communities 5. 12. 88 
Indirect taxation 
35. The Commission's action to ensure observance of 
Community law concerning indirect taxation involves a 
two-pronged approach. It seeks to ensure, first, the 
observance of Articles 95 and 96 of the Treaty and, 
secondly, the conformity of national legislation with the 
Community directives. 
36. Several cases previously commenced have been 
settled this year, the Member States concerned having 
amended their legislation to bring it into line with 
Community law. 
This is so first of Belgium and the Netherlands, which 
had maintained the option in Annex G of the Sixth VAT 
Directive for employers' organizations beyond 31 
December 1981, the final date fixed by the Directive; 
this option has now been repealed. 
Another case concerns Germany, which had extended 
the 'Organschaft' (the system whereby two persons 
legally independent, but closely linked financially, econ­
omically and as a matter of internal organization, are 
regarded as a single taxable person) to undertakings 
established abroad, whereas the Sixth VAT Directive 
limits this concept to the interior of the country. By the 
'Steuerbereinigungsgesetz 1986', Germany brought this 
point in its legislation into line with the Sixt VAT 
Directive. 
The Italian Government adopted the provisions 
necessary to comply with the Court's judgment of 11 
July 1985 in Case 278/83, a matter on which the 
Commission had commenced a fresh action on the basis 
of Article 171 of the EEC Treaty. In that judgment, the 
Court had held that, in applying to sparkling wines with 
a denomination of origin a rate of VAT higher than that 
applied to sparkling wines produced within the country, 
Italy had not complied with the provisions of Article 95 
of the EEC Treaty. 
37. The Court also delivered several judgments on 
taxation in 1987, following actions brought by the 
Commission, thus building up a case law of ever-
increasing importance on this subject (132 judgments 
delivered so far on taxation, of which 39 were based on 
the procedure laid down in Article 169 of the EEC 
Treaty). 
One case was brought against the Netherlands and 
concerned the failure by that Member State to levy VAT 
on official functions carried out by notaries and bailiffs. 
In its judgment in Case 235/85, the Court defined the 
terms 'economic activities' in Article 4 (2) of the Sixth 
VAT Directive and 'bodies governed by public law' in article 4 (5). The Court held that 'economic activities' 
also include services supplied by notaries and bailiffs in 
the Netherlands, in so far as they are carried out on a 
permanent basis and for remuneration; the Court also 
held that any exemption from VAT must be express and 
precise, and that in the light of the objectives of the Sixth 
Directive the exemptions must be interpreted restric-
tively. 
Another judgment was delivered, this time against Italy, 
in Case 184/85. That Member State was found to have 
failed to fulfil its obligations by having introduced and 
maintained in force an excise duty on fresh bananas, 
applicable to bananas originating in other Member 
States, particularly those coming from the French 
Overseas Departments, a form of taxation contrary to 
Article 95 of the EEC Treaty. 
On the other hand, in Cases 356/85 and 196/85 the 
Court held that the differential taxation of wine and beer 
applied by Belgium in relation to VAT and the system of 
taxation of sweet natural wines and liqueur wines applied 
by France were both in conformity with Article 95. 
Other judgments are expected shortly, since eight new 
cases were commenced by the Commission before the 
Court in 1987, bringing to 15 the number of cases at 
present pending on questions of taxation following an 
action by the Commission. 
38. Finally, several reasoned opinions were issued by 
the Commission. 
These concern primarily a failure on the part of Member 
States to observe Article 95 of the EEC Treaty. The 
proceedings against Greece concern the differential 
taxation on importation of powdered cheese and plastic 
decorating materials; those against Denmark concern the 
taxation of cars. In relation to parafiscal charges (*), the 
Commission also commenced a new case against France 
concerning a charge on the products of forestry busi­
nesses, apart from firewood, which are produced in that 
Member State or imported. 
There are also cases of incorrect application of the 
taxation directives, particularly those concerning VAT, 
where certain cases may adversely affect the collection of 
own resources: Ireland, exemption for supplies by 
medical and paramedical professions and of corrective 
spectacles; United Kingdom, taxation of travel agencies; 
Italy, methods of reimbursement for foreign taxable 
persons; France, refusal of reimbursement of VAT paid 
on the importation of a pleasure boat and in con-
(') See fourth report on the monitoring of the application of 
Community law, points 43 to 45. 
5. 12. 88 Official Journal of the European Communities NoC 310/15 
nection with the system applicable to automatic 
games. action has been taken against the following 
infringements: 
Financial institutions and company law 
39. The major part of the Commission's work in 
connection with financial institutions is concerned with 
achieving an internal Community market involving the 
complete liberalization of the provision of financial 
services, both in the interests of the financial institutions 
themselves and in the interests of the consumer. 
40. The Commission continued its work on freedom 
to provide services in insurance other than life assurance, 
on the basis of the judgments given by the Court in 
1986 ('). 
41. The Commission gave absolute priority to the 
application of Community law in relation to motor 
vehicle insurance. This was because several Member 
States have still not put into effect the provisions on the 
elimination of checks on the green card of motorists 
from other Member States (Directive 5/84/EEC). 
Following complaints, the Commission examined the 
compatibility with Community law of the imposition in 
one Member State of a tax of a higher amount than that 
imposed on national cheques, where cheques emanating 
from other Member States are cashed or on the occasion 
of intra-Community banking transactions. (i) Directive 78/660/EEC on the annual accounts of 
companies has been incorporated into national law 
in all the Member States except Italy, which has also 
so far failed to comply with the judgment of the 
Court given on 20 March 1986 in Case 17/85. 
(ii) The Commission sent a reasoned opinion to 
Belgium, France, the United Kingdom, Greece, Italy, 
Ireland and Luxembourg for failure to incorporate 
Directives 78/855/EEC concerning the merger of 
public companies and 82/891/EEC on the division 
of public companies. 
(iii) Greece, following the Commission's issue of a 
reasoned opinion in 1986 for its failure to incor­
porate Directives 68/151/EEC (publication 
concerning companies), 77/911/EEC (formation 
of public companies) and 78/660/EEC (annual 
accounts of certain forms of company), has notified 
the measures taken for this purpose. The 
Commission therefore terminated the proceedings in 
question. 
(iv) Greece, after the Commission had issued a reasoned 
opinion for its failure to incorporate Directive 
85/303/EEC concerning indirect taxation on contri­
butions of capital, notified the measures it has taken 
for this purpose. 
42. As regards company law and direct taxation, the 
correct application of the Community legislation is 
essential for two reasons: 
(i) as intra-Community trade and investments develop, 
the movement of capital is liberalized and 1992 
approaches, more and more people are having to 
deal with companies which have their headquarters 
in another Member State. Such people need to know 
that they can be sure of a roughly equivalent level of 
protection whatever the Member State in which the 
company is established; 
(ii) the cross-frontier activities and cooperation of 
companies must be facilitated. Joint enterprises, 
mergers and takeovers can be more easily effected if 
there is a common core of company law. 
43. The Commission's approach consists in following 
up all infringements that prevent the application of the 
principles just mentioned; thus, during the past year, 
(') See fourth report on the monitoring of the application of 
Community law, point 88. Free movement of agricultural products 
44. As regards the free movement of agricultural 
products, the infringements creating barriers to trade 
were in 1987 as numerous and varied as in the past, as 
the following examples show: 
(i) technical requirements relating to the presentation, 
quality or packaging of products, having the effect 
of limiting or discouraging imports: the Commission 
took action against this type of measure in the case 
of the restrictions imposed on the marketing or 
importation of butter, beef and veal in Greece, and 
fats and oils in Italy, and in the case of the German 
legislation reserving the use of a given bottle shape 
for certain national producers (Bocksbeutel); 
(ii) the fixing of minimum prices with the effect of 
discouraging and restricting imports, practised in 
Greece in relations to cheese, seeds and olive oil; 
(iii) the requirement of licences of prior authorizations 
on import imposed in relation to potatoes in Ireland, 
products of animal origin in the United Kingdom, 
frozen pigmeat in Greece, meat-based products in 
Greece, and live animals and fresh meat in Belgium; 
No C 310/16 Official Journal of the European Communities 5. 12. 88 
(iv) the system of currency licences as applied in Greece 
in order to control imports in the sectors of beef, 
veal and pigmeat, live plants, milk products (cheese) 
and cereals; 
(v) national measures of a veterinary, health and phyto-
sanitary character or concerned with additives, 
prohibiting imports or making them impossible, such 
as measures concerning pasteurized milk in the 
United Kingdom, potato seeds in Ireland, and 
certain meat preserves in Germany; 
(vi) measures restricting trade based on the existence of 
a national market organization such as the 
arrangements applied to bananas in Greece; 
(vii) measures prohibiting exports or making them 
impossible, such as those affecting olive oil and 
raisins in Greece, and horses in France. 
B. A PEOPLE'S EUROPE 
Economic and monetary policy 
45. At the present time, as regards transfers connected 
with tourism and other forms of travel (Article 106 of 
the EEC Treaty), the rules in all Member States are in 
line with the Commission's interpretation, stated in July 
1984, of the Court's judgment in Joined Cases 286/82 
and 26/83 Luisi and Carbone v. Ministero del Tesoro. 
46. However, as regards transfers connected with 
tourist expenses of persons residing abroad, Greece (until 
the end of 1988) and Portugal (until the end of 1990) 
may maintain certain restrictions by virtue of a decision 
based on Article 108 (3) of the EEC Treaty and of tran­
sitional provisions in the Act of Accession, respectively. 
Internal market 
47. Much of the red tape encountered by travellers in 
the Community has to be looked at in the light of 
Articles 30 to 36 of the EEC Treaty. The steps taken in 
1987 to resolve difficulties with vehicle registration have 
already been discussed (point 9). cover their medical needs during a stay in a Member 
State other than the one in which they live. The 
Commission feels that travellers should be allowed a 
large measure of latitude here, without of course 
depriving the authorities of their power to act in genuine 
cases of fraud. It has consequently asked several Member 
States to make their rules on the subject more flexible. 
Free movement of persons and freedom to provide services 
49. Alongside its efforts to give a fresh impetus to the 
free movement of Community citizens as part of the 
completion of the internal market, the Commission has 
also sought to ensure that existing Community rules are 
complied with, in particular by taking action against all 
cases of discrimination on grounds of nationality coming 
to its attention directly or through complaints by 
members of the public. The Court of Justice delivered 
judgment in two cases, and measures to comply with 
these judgments should be taken by the Member States 
concerned very shortly. In the course of the year the 
Commission referred four further cases to the Court, 
three concerning Greece and one concerning France. 
There are now six cases pending before the Court. 
50. There was a further fall in the number of 
infringements of the directives adopted under Article 57 
of the EEC Treaty with a view to ensuring the freedom 
of movement of persons practising a profession or occu­
pation (doctors, nurses responsible for general care, 
dentists, midwives, lawyers, hairdressers, transport 
agents, vets, architects and pharmacists); there were 
nine, as compared with thirteen the previous year. There 
are now seven cases pending before the Court (five 
actions brought in 1986, one in 1985 and one in 1984). 
51. To ensure the free movement of broadcast 
programmes in the Community the Commission is 
proceeding on two fronts. On 30 April 1986 it presented 
a proposal for a Council Directive concerning broad­
casting activities, which is intended to coordinate various 
provisions of Member State law ('). At the same time the 
Commission is seeking to ensure that all restrictions on 
free movement imposed by the laws of the Member 
States are brought to an end in accordance with the EEC 
Treaty. 
52. The Commission delivered a reasoned opinion in 
one case of discrimination against foreign broadcasts 
contrary to Articles 59 and 62 of the EEC Treaty, and 
referred another case to the Court of Justice. 
Proceedings against Germany, initated because foreign 
programmes broadcast from telecommunications 
satellites could not be relayed in the Land of Hesse, were 
48. The Commission's attention has also been drawn 
to difficulties facing travellers who carry medicines to (') Bulletin of the European Communities, Supplement 5/86. 
5. 12. 88 Official Journal of the European Communities No C 310/17 
terminated, as these programmes are in fact now being 
relayed. 
53. An action was brought before the Court following 
long discussions with the Dutch authorities. In July 1984 
the Netherlands introduced rules on the cable distri­
bution of foreign television programmes (the 'Kabelre-
geling'). These rules impose a total ban on the cable 
distribution of foreign programmes broadcast from tele­
communication satellites where they contain advertising 
aimed specifically at the Dutch public. In the 
Commission's view this constitutes a form of discrimi­
nation which cannot be justified on grounds of public 
policy. 
Consumer protection 
54. Difficulties continue to arise in the monitoring of 
the application of the consumer protection rules, which 
are scattered over a number of different fields of 
Community activity. Consumers, who ought to be the 
first to benefit from a single Community market, still 
seem to display relatively little interest in the entitlements 
and openings which the Community rules offer them. 
The main steps taken by the Commission which are 
mentioned in this report (points 8 and 9) concerned 
foodstuffs and motor cars. In general it has to be said 
once again that consumers in the Member States seem to 
see the Community and the completion of the internal 
market as something of a threat to existing forms of 
consumer protection rather than as a fresh opportunity. 
Driving licences 
55. The Court censured Belgium and Italy (Cases 
9/86 and 419/85) for failure to apply the Directive on 
Community driving licences. Belgium has now supplied 
the Commission with the draft of a Royal Decree 
intended among other things to bring its arrangements 
into line with the judgment; the Commission has certain 
reservations regarding the draft, and has put these to the 
Belgian Government. 
56. The Commission continues to pay great attention 
to complaints reaching it from private individuals; in 
1987 several cases were brought to its attention of diffi­
culties encountered by citizens wishing to exchange a 
driving licence on taking up residence in another 
Member State. 
Indirect taxation 
57. Progress with the establishment of the common 
market has brought an increase in commercial dealings 
not only between firms but also between individuals in 
different Member States. To achieve a People's Europe here such dealings must be facilitated, and in the tax 
field a number of practical measures have already been 
taken to simplify the day-to-day life of the ordinary 
European citizen, who now travels to other Member 
States more and more frequently, whether for a short 
trip or for an actual change of residence. 
58. The Commission closely monitors compliance 
with the relevant directives and with the judgments of 
the Court of Justice in this field, and is awaiting the 
adoption of further measures currently before the 
Council. 
Significant progress was made in one particularly 
sensitive area, the elimination of double taxation of 
second-hand goods bought by private individuals in 
another Community Member State ('). The problem is 
expected to be resolved very shortly in several Member 
States which were not yet complying with the Court's 
judgments on the subject, or were doing so only in part, 
namely Denmark, Germany, France, Ireland, 
Luxembourg and the United Kingdom (the proceedings 
against the Netherlands have already been 
terminated) (2). Italy has taken no steps to comply with 
the reasoned opinion sent to it, and the Commission has 
referred its case to the Court of Justice. 
As regards the Directives on tax-free allowances for 
travellers it is likewise essential to ensure that the 
Community rules already laid down are applied in full. 
The Commission was obliged to send reasoned opinions 
to Denmark and Ireland, which decided to impose 
certain restrictions on tax-free allowances for travellers 
leaving the country only for a short period with effect 
from April 1987, as the Community legislation makes no 
distinctions on the basis of the duration of the trip. The 
two countries' action was strongly critized by the 
European Parliament, which in a Resolution adopted on 
14 May (3) asked the Commission to act rapidly to 
obtain a ruling from the Court of Justice if the 
governments concerned did not revoke these new 
discriminatory measures. There were separate 
Commission proceedings against Denmark concerning 
the tax-free allowance for alcoholic drink; Denmark 
(') The Gaston Schul judgments (Cases 15/81 and 47/84), and 
the judgment in Case 39/85 Bergeres Becque, which extended 
the Gaston Schul rule to cover gifts received by private indi­
viduals 
(2) Fourth report, point 68. 
(3) OJNoC 156, 15.6. 1987. 
No C 310/18 Official Journal of the European Communities 5. 12. 88 
has imposed a quantitative limit on the tax free import of 
beer, but there is no provision for a limit of that kind in 
the relevant directive. Control procedures at borders 
have also to be facilitated here. The Commission sent 
reasoned opinions to France, Belgium and the United 
Kingdom, which required presentation of a special form 
in order to qualify for tax-free treatment, whereas the 
directive requires the presentation only of the invoice or 
an equivalent document. France and Belgium have since 
amended their legislation; the proceedings against the 
United Kingdom continue. 
59. To round off this survey of cases related to the 
establishment of a People's Europe, it is worth 
mentioning the Court's judgment against Italy for failing 
to take the necessary measures to comply with two 
Council Directives adopted on 28 March 1983: Directive 
83/181/EEC, which concerns exemption from value 
added tax on the final importation of certain goods, 
notably goods for charitable of philanthropic organiz­
ations, school outfits and scholastic materials, and 
samples of negligible value, and Directive 83/183/EEC, 
which concerns tax exemptions for permanent imports 
from a Member State of the personal property of indi­
viduals, in connection with a transfer of normal 
residence, in connection with the furnishing or relin­
quishment of a secondary residence, on marriage, or on 
acquisition by inheritance. 
II. OTHER QUESTIONS 
Legal matters 
60. Following the adoption of Law No 1640/86, the 
Athens District Court appended an order for 
enforcement on the decisions taken against the Metal-
lurgiki Halyps company. This put an end to the 
infringements of Article 92 of the ECSC Treaty which 
formed the subject of the Commission's reasoned 
decision of 23 December 1985. 
Statistical matters 
61. In statistical matters the obligation imposed on a 
Member State is that of providing figures on a particular 
subject at stated intervals and in accordance with a stated 
procedure. What distinguishes infringements in this field 
is that where an obligation is of a repetitive character it 
can never be said have been finally complied with. The 
few infringements observed are generally a matter of 
delay in supplying the data required. 
62. All the cases examined by the Commission in 1987 
have only reached the formal notice stage, apart from one case which was terminated immediately. Thus there 
were no reasoned opinions or referrals to the Court this 
year. 
63. The case against Italy which was outstanding in 
1986, and in which a Court judgment had already been 
delivered in 1985, remained open, as Italy had not yet 
put an end to the infringement. Italy's failure to furnish a 
complete statement of carriage of goods by road carried 
out by Italian nationals (Directive 78/546/EEC) led to 
the Court's judgment in Case 101/84; the information is 
not yet complete, as the steps taken by the Italian auth­
orities with a view to resolving the problem have not yet 
resulted in the supply of satisfactory data. 
Administrative matters 
64. On the question of pension rights, the 
Commission continued the infringement proceedings it 
had initiated against several Member States (Belgium, 
France, Luxembourg, the Netherlands and Germany). 
Giving judgment in December in Case 315/85 
Commission v. Luxembourg, the Court of Justice rejected 
the Commission's argument that an official was always 
entitled to opt for the transfer of the actuarial equivalent 
of his pension rights even if the national scheme 
provided only for the transfer of the surrender value. 
Clearly this judgment has implications for the other 
proceedings in progress, which will now have to be 
reconsidered. 
65. On the question of overlapping family allowances, 
the Court of Justice delivered judgments in Case 186/85 
Commission v. Belgium and Case 189/85 Commission v. 
Germany, in which it upheld the Commission's view that 
Community family allowances are supplementary to 
national ones. 
66. The infringement proceedings brought against 
Germany on account of the compulsory affiliation of 
Community officials to German sickness funds led to an 
amendment to the disputed German legislation on 27 
January. The Commission therefore discontinued the 
proceedings before the Court (Case 261/86). 
67. The various actions brought against Belgium 
regarding the position of Community officials employed 
in Belgium led to an agreement between the Community 
institutions and the Belgian Government signed on 
3 April. 
Budgetary matters 
68. Infringement proceedings against Germany and 
the Netherlands initiated with a view to recovering 
5. 12. 88 Official Journal of the European Communities No C 310/19 
unpaid VAT own resources, and default interest on the 
sums owing, were terminated when those Member States 
complied with the reasoned opinions delivered by the 
Commission. The Commission addressed reasoned 
opinions to Germany, Ireland and the United Kingdom 
in order to obtain payment of unpaid VAT own 
resources, with default interest, where the failure to pay 
resulted from infringements of Directive 77/38 8/EEC 
and amended Regulation (EEC) No 2892/77. 
69. The Commission terminated proceedings 
concerning 'butter cruises' in Germany following 
payment of the sums requested. This concerned only the 
own resources aspect of the question; the legal status of 
the trips themselves is a separate matter. 
70. As regards default interest on late payment of own 
resources, the Court found in the Commission's favour 
in two cases of special importance for the management 
of the Community's own resources. In Case 93/85 
Commission v. United Kingdom the Court confirmed that 
Member States were bound to comply with an invitation 
from the Commission to bring forward the entering of 
own resources other than VAT resources if the 
Commission decided to make use of Article 10 (2) of 
Council Regulation (EEC) No 2891/77. In Case 70/86 
Commission v. Greece the Court held that a bank strike 
did not represent force majeure justifying a delay in 
entering financial contributions; the strike was fore­
seeable, and the delay could have been avoided. 
71. The Commission referred a case against Italy to 
the Court of Justice concerning delay arising from 
erroneous accounting in respect of certain customs 
duties. In two other cases Member States complied with 
Commission reasoned opinions. 
Competitions 
72. As regards the adjustment of national monopolies 
of a commercial character, the Commission in 1987 
examined one case concerning France (the monopoly in 
potash fertilizers) and two concerning Greece (insurance 
of public property and the monopoly in petroleum 
products). 
73. The French Government complied with the 
reasoned opinion on the monopoly in potash fertilizers 
delivered in 1985, and the Commission terminated the 
proceeding on 10 June. 74. Under the Treaty of Accession the Greek 
monopoly in petroleum products should have been 
adjusted by 31 December 1985; the observations 
submitted by the Greek authorities in the course of the 
infringement proceedings initiated in 1988 were not such 
as to make the Commission reconsider its view that the 
legislation in force is incompatible with Articles 30, 34 
and 37 of the EEC Treaty. The Commission conse­
quently sent Greece a reasoned opinion, on 26 May. 
75. The Commission sent Greece a reasoned opinion 
concerning the insurance of public property on 23 
February, saying that Greece had not taken the measures 
necessary to comply with Commission Decision 
85/276/EEC concerning the insurance in Greece of 
public propety and loans granted by Greek state-owned 
banks. The Commission later formerly noted that Greece 
had infringed its Treaty obligations by failing to comply 
with the Decision, and referred the case to the Court of 
Justice on 20 July. 
76. The Commission also examined the refusal of the 
German Government to assist Commission officials in 
the enforcement of the competition rules. A reasoned 
opinion was sent on 4 June, and the Commission is now 
considering Germany's reply. 
Environment 
77. The monitoring of the application of environ­
mental law was marked by two major developments in 
1987. On 19 October the Council, and the represen­
tatives of the governments of the Member States meeting 
within the Council, adopted a Resolution approving the 
Fourth Action Programme on the Environment ('). In the 
resolution the Council underlined the particular 
importance it attached to the implementation of the 
Community legislation on the environment. It invited the 
Commission to report to it and to Parliament on the 
action taken. The Fourth Programme identifies moni­
toring the application of the environmental rules in the 
Member States as one of the priorities for the period 
1986 to 1992. The Commission has begun applying this 
new policy guideline. Accordingly: 
— it has taken organizational steps to improve the 
monitoring of the implementation of environmental 
law, 
— it has held meetings with senior officials responsible 
for water and waste management in the Member 
States, 
O OJ No C 289, 29. 10. 1987. 
No C 310/20 Official Journal of the European Communities 5. 12. 88 
— it has begun giving wider publicity to decisions under 
Article 169, 
— it has promoted seminars and lectures in the Member 
States on the subject of the implementation of the 
Community rules. 
78. Against the background of the European Year of 
the Environment, the Commission among other things 
sought to increase public awareness of difficulties with 
the implementation of the Community rules. The 
following are worth mentioning: 
(i) The texts of the roughly 100 environmental 
directives were drawn up and published in the nine 
Community languages., 
(ii) The European Environmental Bureau was helped 
with the preparation of brochures designed to 
inform its member organizations and individual 
members of the scope of the Community Directives 
on the conservation of wild birds (79/409/EEC), 
the quality of bathing water (76/160/EEC), and the 
major-accident hazards of certain industrial acti­
vities (82/501/EEC). The brochures are intended as 
part of a campaign to ensure that the directives are 
indeed implemented throughout the Community. 
(iii) A brochure was published informing private indi­
viduals in the Community of their rights under the 
environmental directives, and of the possibility of 
making complaints to the Commission. 
(iv) Awareness of the existence of Community environ­
mental law among trade associations and environ­
mental organizations was promoted by means of 
seminars, lectures, speeches, videotape, etc. 
79. In 1987 the Court of Justice delivered judgment in 
ten environmental disputes between the Commission and 
Member States (Belgium, three cases; Italy, Germany, 
and the Netherlands, two cases each; Denmark, one 
case). In all of these the Court upheld the Commission's 
view of the interpretation and scope of the various 
directives; particularly important were the four 
judgments concerning the conservation of wild birds, 
against Italy (Case 262/85), Germany (Case 412/85), the 
Netherlands (Case 236/85), and Belgium (Case 247/85). 
The Commission delivered 24 reasoned opinions and 
made three new references to the Court in the environ­
mental field. 
A large proportion of complaints from the public 
concerned the conservation of wild birds and the quality of drinking water and bathing water. This confirms the 
tendency noted in previous years, and shows that 
Community citizens are not yet sufficiently aware of the 
threats to other aspects of their environment, such as 
waste, air pollution and chemicals. 
Agricultural policy 
80. 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 the Community rules (which 
have to be applied promptly if they are to attain the 
effects desired by the Community legislature), or they 
are implemented incorrectly. 
81. The Commission took action against delays in the 
application of the supplementary milk levy scheme in 
Italy, in the payment of abandonment premiums in 
respect of wine-growing areas in Italy, in the devel­
opment of a computerized register of olive-growing data 
in Italy and Greece, and in the adoption of measures 
providing for penalties for infringements of the olive oil 
production aid scheme in France. 
82. Incorrect application of Community rules affected 
the operation of the common organizations of the 
following markets: 
(a) milk, in the United Kingdom, by reason of certain 
activities on the part of the Milk Marketing Boards 
which affect prices; 
(b) cereals and olive oil, in Greece, by reason of state 
measures relating to official prices and to the 
buying-in of cereals which do not meet the criteria 
laid down in the Community rules; 
(c) fruit and vegetables, milk, and wine, in Italy, by 
reason of the grant of unlawful regional aid and the 
absence of quality controls for fruit and vegetables, 
the setting of milk prices at a stage within the 
exclusive competence of the Community, and the 
unjustified inclusion of certain wine-growing areas in 
the Lago di Caldaro region; 
(d) wine, in Germany, by reason of the unlawful 
increase in the natural alcoholic strength of Moselle 
wines, the acceptance of quality wines p.s.r. from 
outside the specified regions, and the ban on the use 
of rectified concentrated grape must in the prepa­
ration of local wines and quality wines p.s.r.; 
(e) milk, in France, by reason of the failure to reduce 
the total quantity guaranteed in proportion to the 
reduction in the period taken into account in deter­
mining the levy due (period of twelve months (365 
days) replaced by a period of 52 weeks (364 days)). 
5. 12. 88 Official Journal of the European Communities No C 310/21 
83. As regards harmonization, the fields covered are: 
phytosanitary rules, seeds and plants, animal feeding-
stuffs and veterinary law. 
84. For failure to inform the Commission of national 
measures implementing Commission Directives: 
— the Commission initiated proceedings under Article 
169 of the EEC Treaty in fifteen new infringement 
cases, ten involving Greece and concerning seeds and 
plants, and five involving various Member States and 
concerning animal feedingstuffs, 
— it delivered two reasoned opinions, 
— it referred five cases to the Court of Justice, four of 
them concerning health and veterinary rules. 
The Court of Justice censured Italy for failing to adopt 
the measures necessary to comply with eight directives 
concerning animal feedingstuffs and six veterinary law 
directives. 
85. The Commission delivered three reasoned 
opinions in respect of national legislation failing to 
comply with Community directives in the phytosanitary 
sphere. Two of these cases were subsequently settled. 
86. Looking at some characteristic features of 
infringements committed by Member States, it can be 
observed that in Italy most infringements continue to 
arise from problems of administrative infrastructure at 
frontiers and from the slowness and particularly the 
length of parliamentary procedures, which have reper­
cussions particularly on the time taken to incorporate 
directives ('). In Greece the large number of 
infringements still arises from the difficulty of no longer 
practising a national policy as regards imports, exports 
and intervention. In the United Kingdom and Ireland, 
many infringements have to do with the fact that those 
countries' geographical situation, which has preserved 
their agriculture from certain animal or plant diseases, 
encourages them to maintain a tradition of health or 
phytosanitary protection which culminates in restrictions 
on trade. As in previous years, there was also a larger 
number of infringements in the wine sector in Germany. 
87. Finally, apart from the increasing number of cases 
in which the Commission has had to initiate or continue 
proceedings for failure to implement of failure 
(l) The enabling law of 16 April 1987 (published on the 
Gazzetta ufficiale of 13 May 1987, No 109) delegates power 
to the government for a period of one year to incorporate a 
number of Community directives into national law, and 
should speed up the process of incorporation. properly to implement judgments of the Court of Justice, 
it is worth drawing attention to the worrying failure on 
the part of Italy to comply with the judgment in Case 
69/86, in which the Court censured Italy under Article 
171 for failing to comply with its previous judgment in 
Case 322/82, holding that Italy was infringing the rules 
of quality control for fruit and vegetables. 
Fisheries 
88. The Community fisheries policy aims in particular 
at establishing Community arrangements for the conser­
vation and management of fish stocks which ensure that 
they are exploited in a balanced fashion, and at the same 
time setting up a common organization of the market to 
allow fishing activities to develop rationally, to stabilize 
the market, and to ensure security of supply. A policy 
aimed at improving structures in the fishing industry 
completes the picture. 
89. As regards the conservation and management of 
stocks, the Commission continued the infringement 
proceedings initiated against Member States which were 
not properly applying the Community rules on fishery 
inspections. The Commission took action in cases where 
Member States exceeded their catch quotas (overfishing 
in 1986 and 1987); proceedings are continuing. The 
question of overfishing by the Netherlands in 1983, 1984 
and 1985 reached the Court of Justice for the first time 
in the course of 1987. 
90. The Commission also seeks to ensure that the 
procedures for the control of freshwater and sea fishing 
laid down in the Community rules are complied with by 
the Member States. Here proceedings for infringement 
were initiated against Spain and Portugal. 
91. The Commission sent reasoned opinions to 
France, Ireland, the Netherlands and the United 
Kingdom, who have not been supplying the information 
required by the common organization of the market in 
accordance with the Community rules. Failure to supply 
this information prevents the Commission from 
managing the common organization with proper effec­
tiveness. 
Transport policy 
92. Italy informed the Commission of new legislation 
concerning combined road/rail transport, which it claims 
complies with the judgment of the Court of Justice in 
Case 2/84 Commission v. Italy, concerning the 
application of Council Directive 75/130/EEC. The 
Commission has reservations regarding both the form 
and the content of this legislation, which it has 
communicated to the Italian Government in a 
supplementary letter of formal notice. 
No C 310/22 Official Journal of the European Communities 5. 12. 88 
93. There were fresh court judgments concerning 
admission to the occupations of road haulage operator 
and road passenger transport operator (Directives 
74/561/EEC and 74/562/EEC), this time under Article 
171 of the Treaty, for failure to comply with the 
previous judgments. As regards Directive 77/796/EEC 
on the mutual recognition of qualifications for these 
occupations, Italy still has not complied with the Court's 
1983 judgment in Case 273/82. Infringement 
proceedings for failure to incorporate the three directives 
are in progress against Greece; for the Directive on 
access to the occupation of road haulage operator a 
reference to the Court of Justice is projected, and the 
cases of the other two Directives have been referred to 
the Court. 
94. In Case 420/85 the Court of Justice censured Italy 
for failure to introduce tax reductions provided for in 
Directive 82/603/EEC which amends Directive 
75/130/EEC concerning certain types of combined 
road/rail carriage of goods. The infringement 
proceedings against Greece were terminated. 
95. France, Germany, the Netherlands and Belgium 
have not yet transposed the Directive laying down 
technical requirements for inland waterway vessels 
(Directive 82/714/EEC). Letters of formal notice have 
been sent to the first three. In the case of Belgium the 
matter has been referred to the Court of Justice (Case 
307/86). 
96. As regards Directive 83/416/EEC concerning the 
authorization of inter-regional air services, three 
Member States took national implementing measures and 
the Commission terminated the proceedings against 
them. There are still difficulties with France, where the 
case has been referred to the Court, and the United 
Kingdom, where a letter of formal notice has been sent. 
97. As regards Directive 86/216/EEC amending 
Directive 83/416/EEC to take account of Portuguese 
accession, proceedings continue against four Member 
States, the other six having regularized their positions in 
the course of 1987. 
98. Italy has not yet adopted measures to implement 
Council Directive 84/647/EEC on the use of vehicles 
hired without drivers for the carriage of goods by road. 
The proceedings against France were terminated. 
99. The year was an important one for Directive 
85/3/EEC on the weights and dimensions of certain 
road vehicles: all Member States have complied with the 
Directive, and the proceedings initiated have been 
terminated. 100. There are still difficulties with the transposal of 
Directive 85/505/EEC concerning the standardization of 
certain rules relating to authorizations for the carriage of 
goods by road between Member States. The Commission 
has initiated infringement proceedings against France, 
Greece, Ireland and the Netherlands. 
101. Directive 85/347/EEC on the duty-free 
admission of fuel contained in the fuel tanks of 
commercial motor vehicles is now being applied 
throughout the Community. The last cases were closed 
in 1987. 
Energy policy 
102. The Commission continues closely to monitor 
movements in the prices of crude oil and petroleum 
products in the Community. To this end the Member 
States are required to transmit information to the 
Commission each quarter. The Commission had earlier 
commenced proceedings in the Court of Justice against 
Belgium for failure to provide information, but has now 
taken steps to discontinue the action; since the third 
quarter of 1986 the Belgian authorities have been 
supplying the information required within the time-limits 
laid down. 
103. Under Directives 78/170/EEC and 82/885/EEC 
on the performance of heat generators for space heating 
and the production of hot water in new or existing 
non-industrial buildings, and on the insulation of heat 
and domestic hot-water distribution in new non-
industrial buildings, Member States are required to 
inform the Commission of measures taken in this field 
and of the results obtained or anticipated from such 
measures. Infringement proceedings which had been 
initiated against Belgium, Denmark, Ireland and 
Luxembourg were terminated. 
Development cooperation policy 
104. In this sphere, the Commission's monitoring of 
the application of Community law is essentially designed 
to ensure observance by the Member States of various 
protocols concluded in the context of the Lome 
Convention and of the Community acts arising from 
certain international agreements relating to products. 
105. The Commission is following with particular 
attention the problems which importers of bananas from 
the ACP States seem to encounter in certain Member 
States. 
5. 12. 88 Official Journal of the European Communities No C 310/23 
3 
0 
(2 
o 
"2 
o 
-a c o 
0 
c 
1 1 
1 
1 
1 
1 
s 
1 
1 
1 
1 
1 
I 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 r>* 
s 
fN 
•«-
•>*• 
oo 
ON 
oo 
s 
fN 
IN 
IN 
oo 
2 
NO 
o 
a 
NO 
NO 
E 
•«• 
IN. 
fN 
OS 
-t 
PQ fN 
-
ON 
IN. 
•* 
•>*• 
fN 
-
IN. 
IN. 
IN. 
2 
oo 
£ 
•* 
« 
NO 
-*-
ON 
rs| 
NO 
NO 
NO 
rs| 
(N 
£ 
Q 1 
~ 
«N 
~ 
r*"l 
~ 
«N 
„ 
NO 
"> 
N-
" 
« 
O 
NO 
<N 
sO 
NO 
fN 
IN 
fN 
fN 
£ 
NO 
s 
•* 
Q -
-
o 
•*• 
fN 
1 
1 
1 
IN 
IN 
O 
IN 
fN 
N" 
fN 
1 
1 
IN 
IN 
NO 
o 
ON 
NO 
o 
NO 
NO 
oo 
1 
1 -
1 
1 
1 
1 
1 
1 
1 
oo 
1 
1 
1 
1 
1 
1 
1 
2 
a 
w 00 
oo 
•*• 
"3-
a 
oo 
-
•<1-
ON 
o 
NO 
ON 
IN 
fN 
s 
fN 
O 
NO 
NO 
ON 
NO 
ON 
fN 
ON 
s 
NO 
ON 
•*• 
PL, « 
fN 
ON 
-
-
-
-
-
IN 
oo 
O 
^ 
NO 
£ 
">*• 
« 
NO 
N" 
£ 
a 
NO 
O 
IN 
fN IN 
2 
S 
fN 
fN 
•«• 
O 
IN 
-
IN 
s 
NO 
NO 
IN 
s 
•f 
-
ON 
K 
NO 
IN 
IN. 
NO 
ON 
NO 
NO 
NO 
ON 
-fN 
•*• 
NO 
« 
1 
-
fN 
M 
O 
^ 
NO 
NO 
fN 
OO 
ON 
-
NO 
•* 
ft 
s 
fN 
s 
IN. 
NO 
IN 
HJ •* 
1 
•*• 
fN 
-
fN 
-
1 
~ 
ON 
~ 
« 
-
NO 
IN 
-
-+ 
s 
Tj-
s 
NO 
fN 
NO 
IN 
z -
fN 
o. IN 
-
•* 
-
fN 
«S 
1 
ON 
•n 
-
o 
-
* 
oo 
IN. 
IN. 
ON 
•«-
fN 
s 
O 
IN 
ON 
X 
£ NO 
IN 
2 
•*-
s 
•* 
s 
fN 
IN 
ON 
Tt-
fN 
Tf 
s 
2 
rN 
-*-
sO 
IN. 
NO 
o 
ON 
£ 
NO 
fN 
IN 
O 
No 2 
Number of letters of formal notices, 1985 to 1987, classified by sector o 
O 
IZZ3 1985 
LEZJ" 1986 
1987 
r 
Customs union 
and indirect 
taxation Internal market 
and industrial 
affairs Employment, 
social affairs 
and education Transport Agriculture Environment, 
consumer 
protection and 
nuclear safety Other sectors Total I 
1 
3 
No 3 
Number of reasoned opinions, 1985 to 1987, classified by sector 
1985 
1986 
1987 
sO 
f 
Customs union 
and indirect 
taxation Internal market 
and industrial 
affairs Employment, 
social affairs 
and education Transport ' 
Agriculture Environment, 
consumer 
protection and 
nuclear safety Other sectors Total £ 
•% 
n 
o 
3 
I 
3 
? n 
o 
N 
No 4 
Number of references to the Court of Justice, 1985 to 1987, classified by sector 
1985 
1986 
1987 
N ON 
n •* o «*•> 
' 
Customs union 
and indirect 
taxation Internal market 
and industrial 
affairs Employment, 
social affairs 
and education Transport Agriculture Environment, 
consumer 
protection and 
nuclear safety Other sectors Total £ 
-§ 
n i 
3 
5. 12. Official Journal of the European Communities No C 310/27 
I 
<u 
a 
I PBOJL 
suonmnsui piouuuijj 
aDiAjag piaq 
sw2png 
X§J3ug 
|OJlUOD IBIOUBUIJ 
S3U31JSI>J 
uonoaiojd jauinsuoo 
pUB JU3UJUOJIAU3 
suousanb 
SAIlBJlSIUIUIpV 
JU3Uldoj3A3Q 
JJOdsUEJjL 
3jm|nDu9v 
ppos pui; 
juauiXojduig 
uonnaduioQ 
jBuisnpui puB 
J3JJJBUI (BUJ31UI 
ADI|Od [EIOUBUIJ 
pure oiuiouoog 
Abi|od |BIDJ3UIUIO3 
uoiun suioisnQ 
suonsanb pK>nsiro§, -
•<j-
-
ON 
CM 
-
O 
s 
o 
c 
6 
o 
ON NO 
ON 
-
« 
CO 
-
« 
c o '3 "a, o 
-o 
c o 
(5 s 
-
<N 
a 
3 
3 
O 
U 
"o 
U 
c NO 
CN| 
-
-
NO 
NO 
« 
ON 
„ 
s 
O 
c 
e 
o 
"o 
•3 
ON |Ns 
-
« 
S 
2 
ON 
-
o 
c g 
'3 
'a. 
0 
-o 
c o 1 o 
«N 
-
-
-
•* 
CN 
(N 
NO 
3 
'o 
3 
O 
U 
-C 
"o 
a 
<2 s 
-
-
NO 
ON 
NO 
2 
-
ON 
ON 
rt 
o c 
3 
•J 
ON 2 
^ 
-
8 
2 
-
rsl 
ON 
rsl 
-
C 
o 
'3 
'EL 
o 
-a c o •* 
-
oc 
-
« 
<N 
ON 
3 •—» 
"~o 
3 
O 
U 
_g 
*o 
a ON 
CN| 
-
•*• 
£ 
CS 
-
-
r^ 
ON 
ON 
~ 
CM 
-
s 
_g 
o 
c 
s 
"o 
ON 2 
-
-
•* 
NO 
« 
•* 
NO 
-
c 
g 
'3 
'a, o 
-a 
c o CM 
<N 
« 
NO 
« 
s 
r\ 
3 
e 
3 
O 
U 
.e 
"o 
o c V -
-
2 
NO 
•+ 
CM 
t\ 
ON 
-
NO 
CM 
-
NO 
o 
e 
6 
o 
ON •4-
<N 
-
s 
« 
-
a 
"4-
rt 
NO 
<N 
CM 
^ 
-
c g 
'3 
'S. o 
-o 
c o •* 
-
-
fM 
-
r\ 
-
S 
-
-
-
-
g 
3 
3 
O 
U 
c 
»2 o 
•s 
NO 
•* 
ON 
NO 
« 
-
o 
•«*-
<N 
l\ 
s 
rsl 
? 
-
O 
c 
B 
ON s 
. 
<N 
NO 
rsl 
« 
-
t\ 
•* 
NO 
ON 
ON 
^ 
c g 'S 'S. o 
-O 
c o 
P4 S 
-
fM 
NO 
-
-
hv 
CN| 
-
-J" 
-
a 
_g 
3 
§ u 
u 
c 
f2 NO 
2 
~ 
-
« 
C-4 
-+ 
-
NO 
s 
C-1 
ON 
-
NO 
o c 
E 
.2 
•J 
NO 
ON NO 
•* 
2 
« 
-
-
« 
-
rsl 
ON 
N. 
NO 
C 
g 
'2 
'a, 
o 
-o c o 
p^ t\ 
-
-
-
o 
-* 
-
o 
-
ON 
CNl 
l-s. 
-
_g 
3 
t; 
3 
O 
U 
_c 
"o 
c N. 
-
NO 
-
-
-
ON 
-
s 
2 
ON 
.n 
|^ 
-«*• 
s 
o 
c 
"t3 
6 
i\ 
ON ON 
ON 
« 
-
NO 
-
rsi 
2 
« 
K 
-
ON 
c 
g 
'S 
'a. o 
-o 
c o ON 
NO 
CN) 
~ 
« 
-<J-
2 
NO 
-
rv. 
rsl 
g 
3 
3 
o 
U 
_e 
"o 
c 
<2 
No C 310/28 Official Journal of the European Communities 5. 12. 
q 
I r»°jL 
pnoiqnc; 
suonmnsui (Biouruij 
30IAJ35 juSaq 
sjaSpng 
X3J3U3 
JOJJUOD JBIDUBUIJ 
sauaijsy 
uoiwajcud jauinsuoo 
pUB 1U3UIUOJIAU3 
suonsanb 
3AIH3X|SIUimpV 
JU3UldO]3A3Q 
wodsucjjL 
3JtiJinou8v 
SJIBJJE 
JBIDOS DUB 
iu3iuXo|dui3 
uonnaduicQ 
[misnpui put 
J3JJJEIU JBUJ31UJ 
Aoijod pspireuu 
pUB 0IUIOUO33 
XDI|Od JEIDJ3U1UI03 
uontxd JD3JipUI 
uoiun SUJOISTQ 
suonsanb jEDnsireis IV 
vO ^ 
-
-4-
2 N ^ 
---
O »-
CS 
-o O -o 
•a fr « 
^ 8^ 
S3 •£> 
3 U 4> 
rt g O 
^ w « 
o o o 
2 2 2 
o 
OS a 
-
~ 
IV 
-
•* 
m 
C 
.9 
"a be 
1 sO 
Csl 
sO <N 
(N 
•* 
sO - N 
sO 
£ £ 
-o 
~o O -o 
? s if. 
c .5 n 
S3 -£-£ 
£j D <u 
rt O O 
^ w w 
0 o o 
2 2 2 
os o 
sO 
-
-
Os 
<N 
« 
IV 
-
oo 
C 
"3 
b© s 
v© O IV 
-
S~ 
--
•* 
ON 
-*-
^H V© 
-
-o 
-o 0 -o 
tS fry ^ 8 £ §.s £ 
§ -c-c 
rt O g 
s 5*« 
O O O 
2 2 2 
OS <N 
-
-
Os 
-
-
o 
<N 
o. 
C 
g 
"3 
bo O ^ K 
•* *-> <N 
-
as-
--
•<i-
--
s •*> ° 
~ 
*o.oo 
-o 
•o O -o 
•s fry 
^ 8^ 
o g a, 
s £.£• 
•3 <u <u 
rt O 0 
*= « 5* 
o o o 
2 2 2 OS o 
«N 
-+ 
. 
-
CM 
-
Os 
sO 
-
-
<N 
C 
_o 
3 bo <u 
1 •>*• 
8 ^ -
•* — 
•«i-
- -
M 
2S-
•>*- vO N. 
-o 
•- fr"2 
^ °% 
C .5 rt 
8 •^-^, 
rt O O 
e ^ o o o 2 2 2 
Os OS 
sD 
-
-
2 
T^ 
(N 
-*-
sO 
-4-
S0 
-
IV 
e o 
is 
bD 
a o 
IV O -<*-
<N 
s£> 
S2-
00 
g--
---
fe-
2--
-
3 fr^l 
l8a 
8 £$ 
3 <L) W 
^ O 0 
g a a 
o o o 2 2 2 
OS Cs| 
o 
o, 
-«-
sO 
-
rs 
sO 
oo 
-
o 
sD 
«N 
(N 
C 
"3 be sO 
5;j 
>*« 
->*• 
« 
-<1- <N Os 
Os -H 
sO 
---
N. ^ 
S 2 
-a 
-o o -« 
•S fr « 
? S'H. 
§.s 8-
8 "^-^ 
S a a rt o o 
g a a 
o o o 2 2 2 
sO 
Os •* 
.N 
« 
<N 
Os 
-
•* 
IV 
CS 
JQ 
-
IV 
rs| 
C 
_o 
3 
bo 
1 IV 
sO "1- (N 
---
<N 
-
So» 
D5--
S ^ 
3 — 
K ^ S 
« ^ 
-a 
tS &•§ •3 Pa o y a 
C.S rt 
Sao. rt o o 
^ w « 
o o o 
2 2 2 
IV 
Os Tt-
•* 
-
-
. 
-
sO 
NO 
<N 
« 
sD 
-
o 
br 
v: 
5. 12. 88 Official Journal of the European Communities No C 310/29 
No 7 
Number of infringement proceedings pursued since 1982 classified by legal basis and stage of proceedings 
= Treaties and Regulations 
= Directives 572 
Formal notice 
Reasoned 
opinion 253 
1982 
1982 1983 1984 1985 1986 1987 
Reference to 
Court of Justice 
Judgment 
1982 1983 
No C 310/30 Official Journal of the European Communities 5. 12. 88 
1 
1 
1 
1 3 ^(2 
Z 
go 
1.1 
ill 
o c Z 
2 §> 
Q g-1 
z 
go 
o.fr 
z.s 
Z 
{S<2 
S o."2 
z 
-"2 
2 o 
-I" Z-S 
Is 
o c z 
£P< 
(5 Z 
2 o 
a.fr 
Z-S 
o c 
z State of the 
infringement 
proceeding ... 
s — 
•°- 1 
CM — 
KOO* 
sO — CM 
*"-
sa-
fN — 
- r 
.... 
8*-
sooo-
CM- 1 
2--
CM 
zoo" 
£piPi 
CQ 2.. 
— CM 1 
CM 1 
. Tf I 
Js ^ 1 
.^ 
.CM-
>o |-
:-
... 
CM 1 — 
|-
= •>« 
= •>« 
— — CM 
r-v. — — 
NNrt 
ZOu1 
pH pi Pi 
Q .., 
O CM 1 
"I 
a- l 
^ ,-
CM | | 
•*• CM 1 
2~ | 
00 «s | 
1 1 1 
— 
2 1 1 
vO — — 
1 1 1 
.C , 
2 I I 
PH Pi Pi 2 2-
CO | | 
.- 1 
"4- — 
sa-
-~-
so | | 
. K •* 
sO 
as* 
I I I 
- I I 
S" 
R«* 
- 1 1 
- 1 1 
CM 1 
p-iPi Pi CM u"> 1 
CM 1 
2 — 
1 1 1 
3 | I 
3 1 1 
~ 1 1 
1 1 1 
1 1 1 
1 1 
1 
1 
1 
zou1 
PH Pi Pi CM — 
~ — 
o. | | 
ON r^ CM 
x—> 
r\ so 1 
... 
2 = " 
•*• — 
.~. 
... 
Tj" — 
-«- CM — 
.-CM 
l-v CM 1 
S^ 1 
zoo5 
EpiPi 
P-. vOK« 
«co-
* 1 1 
ON ON — 
CM 
ON — sO 
a — 
~^ 
£2~ 
2 — 
- 1 -
— sO ^-
CM 
— 
— CM — 
.._ 
•* vO 1 
CM 1 
zou1 
PH Pi Pi 
2H J.*. 
... 
•" 1-
CM •* ON 
... 
- | | 
~ 1 1 
a-" 
CM CM 
-^ 
-*"> 
SSfc 
•"TOOK 
m.. 
-> — 
CM 
PL, Pi Pi 
~ .., 
M0 | | 
1 1 1 
aoKM 
* 1 1 
N 1 1 
— 
3 2" 
— 
1 1 1 
* 1 1 
CM — 
.CM , 
1 1 1 
— 
r i 
zo!? 
PH Pi Pi 
,-J CM NO — 
NO |-
---
CM •«- 1 
CM 1 
ON- | 
•* CM 1 
«N , | 
LC) SO 1 
— CM — 
CM 
CM |-
..-
— sO — 
CM 
SO- | 
— CM — 
.- | 
sO — — 
£Os? 
PH Pi Pi 
-1 
z . , , 
« 1 1 
1 1 1 
. 1 1 
1 1 I 
1 1 1 
1 1 1 
1 1 1 
1 
1 1 1 
1 1 
1 1 1 
1 
1 1 
zoo' 
SpiPi 
PH O . I 
O Cs| — 
•* CM 1 
CM 
CM- | 
.CM | 
rs. — — 
a- i 
o.„ 
... 
. | | 
m -o- 1 
-_ 
«c | 
.CM , 
.- | 
zoo" 
PH Pi Pi 
*4 •a o 2 
w c 
II g 
PH K; Pi 
II II II 
z0c7 
PH Di Pi 
5. 12. 88 Official Journal of the European Communities No C 310/31 
1 
E 
-s 
a 
6 
-o 
3 
a o 
1 
e 
o 
U 
JS 
c 
E 
60 ~a 3 
e 
3 
O 
U 
_c 
o 
c 
P4 1 
1 
1 
£ 
1 
1 
1 
1 
1 
1 
s 
1 
1 
1 
1 
1 
1 
^ 
1 
1 
1 
1 
1 
1 
5 -
-
-
-
« 
-
« 
c 
0 
3 CT 
4> 
'3 
'3 -o 
< -
<N 
-
Q .« 
-
PH -
-
K4 -
--
-
~ 
-
« 
« 
<N 
« 
f^ 
« 
-o 
c 
i 
3 
§ 
3 -
-
-
-
"• 
-
tN 
-
<N 
-
Q 
5 
3 -o c -
-
-
-
Q -
-
CM 
•*• 
-
-
-
« 
<N 
« 
Ov 
-«-
•4-
« 
•* 
HH -
-
-
-
-
-
-
-
--
-
-
-
-* 
<N 
<N 
<N 
o <N 
„ 
-
<N 
<N 
-
(N 
\£> 
•>*-
-
-
sO 
« 
« 
vO 
vD 
-
~ -
-
-
<N 
-
-
rsl 
<N 
--
«, 
« 
<N 
rsl 
•J -
-
--
w -
-
-
o 
1" 
"3 
o. 
'u c rt _C 
-o 
c 
's 
o c o 
w -
tL. 
c o 
a. 
3 o 
-o c rt 
"o 
a. 
o 
c 
o 
3 
t/5 -
-
-
-
~ --
CO -
-
-
Q 
60 
-a 
3 -
--
---
« 
-
c 
3 
a. 
> 
Sector 
Free movement of persons and 
freedom to provide services 
Environ and consumer protection 
Agriculture 
Transport Member 
State 
B 
D 
DK 
GR 
F 
I 
IRL 
L 
NL 
B 
D 
I 
L 
NL 
DK 
F 
GR 
IRL 
D 
F 
I 
IRL 
UK 
B 
GR 
L 
B 
F 
UK 
I 
IRL 
NL 
GR Reference to the Court 
1980 1981 
1 
1 
1 
1 
1 
1 
6 
5 
2 
2 
2 
2 1982 
2 
1 
2 
1 
5 
1 1983 
3 
1 
2 
3 
2 
1 
1 1984 
1 
1 
1 
1 
2 
3 
1 
1 
1 
1 
4 
3 
1 
1 
1 1985 
5 
2 
1 
1 
3 
7 
2 
5 
1 
1 
1 
3 
2 
1 
1 
3 
7 
2 
1 
2 
1 
1 
3 
1 1986 
3 
1 
2 
1 
3 
2 
1 
2 
1 
3 
1 
1 
1 
6 
1 
1 
3 1987 
2 
2 
1 
1 
1 
1 
1 
6 
2 
4 
1 
1 
2 Judgment for the Commission 
1980 
2 1981 
2 1982 
1 
1 
1 
1 
6 
5 
2 
1 
1 1983 
1 
1 1984 
1 
3 
1 
1 
1 1985 
1 
1 
1 
1 
1 1986 
1 
1 
4 
2 
1 
1 
2 
1 
1 
1 
1 1987 
1 
1 
2 
2 
1 
2 
1 
6 
1 
2 Judgment for the Member State 
1980 
1 1981 1982 1983 
1 1984 1985 
1 1986 
2 1987 
1 
1 ? 
n 
g1 
r 
5. 12. 88 Official Journal of the European Communities No C 310/33 
E 
1 
c 
E 
60 
T3 
3 
C 
.0 
'1 
E 
0 
U 
-G 
E 00 -o 3 
3 O 
U 
0 
(5 1 
1 
£ 
i 
§ 
1 
1 
1 
1 
1 
1 
1 
i 
1 
s 
I 
s 
1 
1 
i 
1 
1 
1 
1 
E § 
1" 
j 1 ~ 
CQ -
-
-
--
-
2: -
-
-
CQ 
a o 
'c 
3 
e 
o 
3 
U -
-
-
Q -
-
-
-
-
P-. -
-
-
-
(N 
~ -
-
H-l -
-
-
S4 -
-
a -
Q -
~ 
-
-
CQ 
c _o 
3 
.s 
c rt c -
-
Q <N 
PH -
-
-
~ ~ -
-
-
H-l -
PH 
c 
o 
c 
s -
~ 
<N 
-
CQ 
C .0 
X 
c -
-
-
-
-
-
Q -
-
-
Q ~ 
« 
-, 
fM 
«N 
-
~ 
~ 
PH -
<N 
-
^ 
P -
« 
o, 
. 
-
-
« 
sO 
-
<N 
,, 
-
-
<N 
~ -
-
~ 
„ 
~ -
-
-
-
2 -
P4 
a -
rs| 
-
-
-
-
-
<N 
-
-
CQ 
-a 
c 
c 
3 
-a 
c. 
It o. 
"S. E 
PJ -
-
Q 
2 
p -
^ 
Q <N 
PH -
-
-
^ £ -
-
-
-
-
-
-
C 
-
-
--
-
-
-
t-J 
No C 310/34 Official Journal of the European Communities 5. 12. 88 
a 
8 
o s ^ 
2 y 
13 
.2 3 -£ 
JS 2 " 
3 3 t3 2 -a c § .2-2 
2'5 o o U 8 
HJ3 .2 2 
bpO U 3 
O O 
<0 -O •-33 
S 2 
« 3 o 3 rt °° 
lit-
c b a < 
s 
60 •a 3 *a w 
13 8 
I 2° c 5b 
nt C 
is _o 
N 
|s 
-S 3 3 O 
« 8 
U U u u u u 
w u w w 
o 
5. 12. 88 Official Journal of the European Communities No C 310/35 
-e *2 52 
^ .5 ^6 
3 
i b 
3 3 
—' cr '£.5 * 2 
C ±J JS -o 
"5"? S 
O -Q 
„ *9 
^ o ^ 
.alii-
"3 > c 
o. o 
II o ^ 
rt 3 .S 
8 rt E u c ^ 
2 e s^j *2 & 5 
A *+< <! 
o a 
e o a 6 
c IS 6 o U 3 C 
3 o 
3 "3 -o 
'JO 
-a 
H a o o 
* 8> 
J.I 
Is -a 
a 3 O 
* •5 s 
W u 
^ 
U U u u u 
to 
Q 
2 u u ft, u u 
w c 
S 
< 3 
u 3 
Pi 
w o 
No C 310/36 Official Journal of the European Communities 5. 12. 88 
e •n e 
E rt 
> 
M> 
3 < U «2 •-
o 
c 
s &• 
6 I 
.S <u c a 
15> § « -a « rt 
3 
"5 _c 
.si J3 -O -—. 
«-> C -*• JC .a •-
c 
si 
o M 
|:> 
c "o 
'5b 8 13 o 
y * .sp.y o b 
u 
'5b 
c o 
a, 
rt <« < 
0 
o c 
a 
-C 
* c 
a 
hn 
> 
d, 
c o -o 
« 
o 
c 
J3 
p* 
o c 
oo So 6 ril 1« 
ion s 
the s 
6 ° .s-1^ <« muni 
the 
The 
c ° § 
bJD_Q C 
£2 1 a -a 
v e 
_C 3 
- S 
3 • = 
a «« .y -° 3-
13 13 w J3 X 
g 3 43 
C 
•/> 3 
O u 
2 JO 
.2| 
fS-1 JO 
e -o 
* 
o 
n 
o 
lis 
H 2^ Sfo. 
•S s 
c o 
-s ^ 
C O oo 
g 3 < 
O x^-
O !* oo 
o 8 £ 
H 3 O-£o O 
o '5 
Til 
« v 
4i «+« -0 
0 
"rt 
X 0 
OS n 
-0 
-r) 
c 0 •Z£-
<N 
< -a <^ 
ell 
a 
2 -S 
c j, 
-^ -c 
e • 
s >^"^ 
3 s § 
Si 8 ^ 
Is-a •a a w "C u 6 o ..*> -a 
-SO g 
j.s S 
H-S e 
c o 
o g 
u u U U U U U 
5. 12. Official Journal of the European Communities No C 310/37 
« PQ 
c c < 
to c c c < 
60 
c 
60 
c 
"c ^ 
JS rr, 60 
c 
c 
_c! 
c < 
UH 
£ O _ 
'I61 
^ & ex 8 J « 
6 c 
-C _ « 
8-5 
a2 
•g « 3 
c 2 2 "^ -5 -
-rt oo 
•-1 s s ^ 
<u 5 e <N -s £• 
60 £2 
.s ^ 
s w 
u J; 
is"5 
c u 
o - 5? 
U.co T3 C 3 
ft-C t> 
3 60 
•^ C •a <: 9? -s-s 
3 
"5 0s b 
| a' .5 .3 
g » 
></) 3 
w i^ 3- * 
"2 c a.2 a « 
?T 3. 5 ^ 
3 a e 
U 60 c .2 o 
U .2 
60 Xn 
J 'B 
o 
b = 
S a 
<o O S rt 
^J3 _£ V oo <+« ^ .B 
* M-S-fl $1 
c .2 
-c 6 
2 U ^ i> 3 L3 <u 
«-5<J frEtf w c 
00 "c3 • {J.S rt 
60 3.5 
e au 
V Ml 
| o 3 
bi1 
it 
U 
3 
S 6 
C 
2 C <o 
B £ 
.2 •*! *? 
_3"rt O 
•u to C 
X o •-
W o-ft-o -= 
c oo 
60 S3 
o S 
1^ 
c o o 
a % •-
I § 6 12 
1 ^ 
c ,u 
.2 -O 
"5 "° O « > rt ft- ^ ^1 O a 
60 C 
2.-0 cr rt o «+- ^ 
o -a c c 
"3 
c « 2 
o 
a, 0 2 jy 
60 « 
C U 
a g^ 
C v- C 
.2 £'60 
I si 
—. w _ 
•g-s § 
c 60 a 
U u u u u u u 
No C 310/38 Official Journal of the European Communities 5. 12. 88 
« 
«3 «o 
•a.S '5 « o c 
3 
nt 
_C 
3 
Q 
-C 
X 
C 
-* 
rt 
J} 
rt 
E 
X! E 
61) 
-r> 
3 
X! 
"o 
b{> 
JC 
c 
-o 
-o 
3 
bD 
_C 
XI gfl s 
-s> B 
X 
s 
if 
o 
p 8 
<J 
s c 
5 
1 
-C 
o xj 
3 
E 
0 -o bO Q 
c o 
E 
XJ 
be c 
2£ 
XI 
to 
G 
i o is 
-o E '§ 2 
• 2 & 
a 'H 
c o 
0 a 
o 
O O 
rt u 
X> ^ 
bO^ 
U to 
-s § o 
o 
rt -g 
O a 
6 t) 
c 
3 
C w u 
!« " 
u -° .2 
— rt 
.Si 
o 
3 t« 
(X 
_c 
c 
1 
_C 
!s 
bOT3 
_C 
a, 
1 T3 6 E •3 
-o 
c bD 
XI c 1 
ctf 
PH 
-a 
o 
3 -o o 
S 
bo 
.a 
X 
2 c 
3 -S ^ 
c c 
1 6 
i-2 
c a 
« Q G <u 
W o PQ 
bo 
c 
J*! 
rt s 
_* 
S X 
O 
6 
E*7! 0 S 
3 w 
* 3 1° 
§8* 
(3 -a o 3 
•S k c 
*" s ^ 
rt c ^ 3 t> -S 
e g ^-v 
rt § ^ "* 
O .S § ^ 
s 
3 6 6 o U -2 x> 
-o c 
'JS bo 
6 SJ 
o .a ^ 
=3 ««H 5 a C 3 -o 
•3 « 
OH &C 
C g _C -C 
S 8 is 
S o 
2 j| 
e e | o 
"2 u 
E xi S-2 
,o < 
^ 
o c 
o 
a 
XI 
c o 
PQ >, 
rt X 
-o 
a 
fi 
E 
0 
JS 
CO 
Q 
W 
H w u o 
Q O 
z 
Q w H 
t3 U U u u u 
5. 12. Official Journal of the European Communities No C 310/39 
3 ° 
° S 
So *p 
3 I 
&T3 
O <o U 
a 
u 
a 
i 
60 
-n ,3 
_C J3 
J3 
.a ^ 
"ft,* 
o 3 
.S 2 
.a u 
"a H ^•! 
o 2 _, a o 
-S .2 6 
^t- PQ .2, 
j?2 
5 £ 
•- o 
c w 
6 -S 
Sa 
u J -00 G m 60 oo 
<N 
"S O 
-O & 
~° °°" rv 
2 ~ 2 
U Co, 
*» 3 ~ "O .i 
H c^< 2-S 
a -a 
c 5 0 0 
S tt •a 0 h a 6 IK 
0 „ 
a « a 
00 2 
— 0 
bi2 
3 £ 
a g 
^ tj 
ci a 
•x) 
O 2 e 
1 
60 -a 3 
_e 
M-. 
O 
e 0 
f < J3 <u .s e O X a o a x »j « jC 
a ° <-w o o e 
rt m _e e o js 
c .0 -£ .a 
! I J- i 
c M .H .S -c a 
£ "5 0--5 
u£ 
a Q 
60 c 
"a. g 
Q 6 5 6 a a o o .22 *s 
PS -° _a 
a 3 <u .5 -S 00 u e ^ 
2 < 
a 0 
a 
« -O 
X 
O a. 51 
4J 
_e 
hn a a 0 
H 
< > 
60 
60 
Pi cS 
a 
3 3 
e 
e 
60 
u 
& • S £• 
•II 
• S o 
o S 
U U U U u u u u 
S fn 
o 
w 
No C 310/40 Official Journal of the European Communities 5. 12. 88 
B<j c c < 
to c c c < 
60 
c c c < 
be c 
~o .i 
o o 
oo g d 
- si 
s i| 
•—> C O oo 
-O .2 <N 
rs 2 «< < J-S 
c S o o 
•5 £ c oo 2 1 2° TJ bb 
- 2 "3 
2 c IS 
i—> C O oo 
rt 
-o .2 <-
o.s <2 rt <J a 
c 
a, E 
o 
U o 
n 
rt 6 
o 
"o vO 
< << 
"O o o 6 Jj 
15 § o o 
3 
(T 
C 
o 
N 
0 
3 tt 
0 
a 
c 
rt 
-a •3 "O 
.t; o c 3 -o 
o U • 5 c 
rt C 
P rt Cj 
3 
C c < r, o a. X 
w 
u u u u u u u u u 
Q 
5. 12. Official Journal of the European Communities No C 310/41 
o 2 _c o 
6 'c3 i^-o 
.5 £ 
o u t; 
**• w g -o 
" «u 8 
U'B »> 
o " £•3 13 
.5 2 'I 4: cr o 
8 f* 
<-< B o P. o •2 3 
* S 3 8 
bo , 
-~ c a 
G4i 
o a 
UUT3.3 3 
< < <<< "j- + m in 
<N (N <N (N 
<<<< <<< vO (^ O 
< < < c o rt _C 
-° C c ° 
o -o J5 C 
O 
u o hoU 
c "C w -o -5 c 
-o c rt 
C 
3 
O 
_o 
6 
p 
o 
c £ 
c 
6 fci o U 
<u 
_c 
«.s 5 c 
!2 60 60 r> C? 
C C n 
g rt rt rt sD 
.5 .5 "3 ^ 
T15 -n *c .is <* H o o 0 o 
2 
&o 
w o §•2 
•3 U 
S3 C 
I a 
• IS u 
sj 
£ "rt 
.2 g 
c« 3 3 ° 
£ I 
o w 
^ I 
C <U 
.2 " rt a, 
3 "O 
O O 
O >H 
"S C 
O >-, 
*-• O c o -o o o 60 
"O 
tt 0 
a 6 
0 
Qi 3 
bo c 
-a 
-o c 3 
o a fci o U n 
n 
3 
_Q -o 
c 
u 
2 
o 
3 
JO 
3 3 
> 
c 
£ > o 
JA 
3 
C 
O 
o 
o N 
c £1 c o U 
U U u u u u u u u u 
No C 310/42 Official Journal of the European Communities 5. 12. 88 
£ 
-a 
< O c 
2-3 
r-v o 
ON S 
Su 
m -c "^'l-s 
sis 
c ° H 
<u "S < 
-o ° -C 
.2. c e o "J 
-S 'G -c 
-5 "° w 
>^ o 
o 1 ° "S o -c ^ 2 ° 
"^ll » 
g 3 "C 
« o o .S U-s JJ-I 
u n £ •= c x M £; -o «« 
« _c « ~ 
"-S-^ C u 
w o 3 -c 
S e - O «-" 
C -o .S 43 rt °«g.a rt o 
j!> g^ 2 
J3 O J3 w & 
**±! H W-3 1 
< 
u u u 
P4 
H 
w 
2; 
5. 12. 88 Official Journal of the European Communities No C 310/43 
No 11 
Review of significant judgments of national courts of final instance 
In general, it can be said that the courts and tribunals of the 
various Member States apply Community law in full. They 
themselves give judgment on questions of Community law 
which have already been settled, where these arise, and they are 
increasingly referring matters to the Court of Justice for a 
preliminary ruling under Article 177 of the EEC Treaty. This is 
true on the whole as much of the lower courts as of courts of 
final instance. 
Thus, the number of references made rose from 91 in 1986 to 
144 in 1981 ('). For 1987, they may be broken down by 
Member State and by court as follows: 
Member State 
Germany 
Belgium 
Denmark 
Spain 
France 
Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Total 
32 
15 
5 
1 
36 
17 
2 
5 
3 
19 
9 References by 
courts 
of final instance 
10 
3 
2 
3 
— 
1 
3 
14 
1 
The Commission has noted, moreover, in an analysis it made 
this year of the attitude of superior national courts towards 
Community law, a marked tendency towards increased 
compliance with Community law and a uniformity of 
decision-making by those courts. 
The analysis, which will be published, examines for each 
Member State the approach, both past and present, adopted by 
superior courts towards the problems posed by conflicts between 
Community law and national law and the application by those 
courts of three basic principles of Community law: its primacy 
over subsequent national law, the direct effect of directives and 
the uniformity of judgments. 
The conclusion drawn is that most national courts have 
abandoned the non-conformist positions observed in the past 
and are collaborating effectively in the implementation of 
Community law. The problems still outstanding are of a less 
fundamental nature. The attitude of some national courts is still 
tainted by misuse of the acte clair concept, a certain ignorance 
(') In 1987 the Court also heard 174 direct actions and 77 staff cases; it 
delivered 208 judgments. of Community law and an occasional refusal to accept certain 
pronouncements by the Court of Justice. 
Answering Parliament's call (2), the Commission has included 
the above information and the following review of some of the 
judgments of courts of final instance which highlight these 
remaining problems. 
These judgments concern either cases in which the courts of 
final instance have disregarded the Court's judgments or misin­
terpreted Community law, or cases in which they have omitted, 
in breach of the last paragraph of Article 177, to refer a 
question to the Court for a preliminary ruling, whether through 
wrongful recourse to the concept of acte clair or through failure 
to take account of questions of Community law that have been 
put (A). Mention is also made of certain judgments of courts of 
final instance which adopt positions of principle guaranteeing 
respect for Community law (B). 
It must be emphasized that this review serves only to provide 
information and does not claim to be exhaustive; the judgments 
referred to are those which the Commission has noted in legal 
journals or to which its attention has been drawn. 
As the Commission has made clear on a number of occasions in 
regard to cases in which national courts disregard the legal 
force and the requirements of Article 177 of the Treaty (3), an 
infringement procedure may, where a national court fails to 
respect Community law, be initiated against the Member State 
in which the court is situated. However, such a procedure does 
not constitute the most suitable basis for cooperation between 
national courts and the Court of Justice. For that reason, where 
circumstances permit, the Commission endeavours in such cases 
to induce the Member States to ensure, without impairing the 
independence of the judiciary, that Community law is respected, 
by recourse to primary or secondary legislation or to adminis­
trative means. In other cases the European Parliament can play 
a valuable part by informing public opinion. 
(2) See, in particular, the reports on the monitoring of the application of 
Community law by the Member States prepared for the Committee 
on Legal Affairs and Citizens' Rights by Mr Lafuente Lopez (doc. 
A2-305/87 of 22 February 1988) and Mrs Vayssade (doc. A2-112/85 
of 9 October 1985), especially § 34, pp. 16 to 18 and the Resolution 
adopted by Parliament on this matter on 21 October 1985 (OJ No 
C343, 31. 12. 1985, p. 8). 
(') See, in particular, the Commission's answers to Written Question 
Nos 100/67 and 349/69 by Mr Westerterp, No 28/69 by Mr 
Deringer, No 608/78 by Mr Krieg and No 526/83 by Mr Tyrrell (OJ 
No 270, 8. 11. 1967, p. 2; OJ No C 20, 14. 2. 1970, p. 3; OJ No 
C 71, 17. 7. 1968, p. 1; OJ No C 28, 31. 1. 1979, p. 8, and OJ No 
C 268, 6. 10. 1983, p. 25). 
No C 310/44 Official Journal of the European Communities 5. 12. 88 
A.l. French Cour de Cassation — Cbambre criminelle — 
Judgment of 12 November 1986, No 85-95-751 
This is an instance of this high court misreading 
Community law which had not come to the Commission's 
notice when the 1986 Report was drawn up. The case 
concerned the customs arrangements applicable to goods 
on their return to France after they had been exported and 
stored in a customs warehouse in a third country. 
Watch cases and straps were stored there with a view to 
being released for free circulation in that country or in 
other third countries. The Cour de Cassation refused in 
this case, without making a reference for a preliminary 
ruling, to apply the arrangements governing returned 
goods (Regulation (EEC) No 754/76), applying instead to 
the manufactured products in question a provision 
concerning only agricultural products in respect of which a 
refund has been made, despite the fact that, by virtue of 
the Regulation and under the circumstances, the applicant 
was entitled to reimport the goods duty-free within a 
period of three months. 
2. French Conseil d'Etat — Judgment of 23 December 1987, No 
70127-70128—Joseph Griesmar 
This judgment is an example of the misapplication of the 
acte clair theory. Mr Griesmar, an official of the European 
Communities on secondment from the French civil service, 
had appealed to the Conseil d'Etat against an order 
requiring him to pay certain sums in France by way of 
pension contributions; he considered that, as a result, he 
was being discriminated against compared with other 
French civil servants inasmuch as the contributions would 
not be taken into account for the purpose of calculating his 
French pension in view of this secondment to an interna­
tional organization. On the arguments put forward based 
on Community law, the Conseil d'Etat merely asserted that 
it was clear from the contested decisions that they disre­
garded neither the principle of freedom of movement for 
workers nor Article 15 of the Protocol on Privileges and 
Immunities of the European Communities, which subjects 
Community officials to a system of special social security 
payments fixed by the Council. No grounds were given in 
support of this position. 
3. French Conseil d'Etat — Judgment of 7 October 1987 — 
Consorts Genty 
This judgment is another example of the undue application 
of the acte clair theory. When a Chinese earthenware jar of 
the Yuan period was being auctioned, the French auth­
orities announced that its export would be prohibited. 
When the matter came before it, the Conseil d'Etat held 
that it was clear from the provisions of Article 36 of the 
Treaty of Rome, which authorizes restrictions on exports 
justified on grounds of 'the protection of national treasures possessing artistic, historic or archaelogical value', that 
they were applicable to this case. Since the Court of Justice 
has in fact rarely had occasion to interpret this provision of 
the Treaty, the Conseil d'Etat should, as a court of last 
instance, have made a reference for a preliminary ruling. 
4. English High Court — Queen's Bench Division (Judgment of 
25 February 1987) — SA Magnavision v. General Optical 
Council 
This judgment raises a procedural question to do with the 
implementation of Article 177. In a first judgment, the 
court held that the answer to the question of Community 
law put was sufficiently clear not to require recourse to 
Article 177. In a second judgment, the court held that the 
conditions for appealing were not met, and as a result its 
first judgment became that of a court of last instance. In 
answer to an express request by the plaintiff that a 
reference for a preliminary ruling be made, it stated that 
the question of Community law had been resolved and that 
it was therefore no longer 'pending' before it. In taking 
this view, the High Court denied the plaintiff the oppor­
tunity of having the question of Community law examined 
by a court of final instance subject to the contraints of 
Article 177. 
B.l. Coimbra Court of Appeal — Judgment of 30 July 1987, 
No 32-86 
This judgment is noteworthy as being the first judgment of 
a Portuguese court of final instance ruling on a question of 
Community law, and what is more, in a manner in keeping 
with the case law of the Court of Justice. The case 
concerned the direct effect of a directive adopted prior to 
accession. Not only did the Court of Appeal interpret the 
Directive correctly, but it also held that private individuals 
could rely upon it despite the fact that it had not been 
incorporated into national law. This judgment is all the 
more remarkable as it relates to an aspect of Community 
law which courts in other Member States have been long 
in accepting as a legal precept (cf. attitude adopted by the 
French Conseil d'Etat and the Federal Constitutional 
Court in certain judgments mentioned in previous reports). 
2. Federal Constitutional Court — Judgment of 8 April 1987, 
2 BvR 68/85 (Kloppenburg v. Federal Republic of Germany) 
— Judgment of 4 November 1987, 2 BvR 763/85 (Klop­
penburg v. Federal Republic of Germany), 2 BvR 876/85 
(Prim v. Federal Republic of Germany) 
By these judgments, the Federal Constitutional Court 
reversed the decisions of a German court on the ground 
that it had not submitted a question of Community law to 
the Court of Justice. They are therefore of key importance 
in ensuring the effectiveness of Community law. 
5. 12. 88 Official Journal of the European Communities No C 310/45 
The appeals to the Constitutional Court were against 
judgments of the Bundesfinanzhof delivered on 25 April 
1985 in which the latter court refused to follow the case 
law of the Court of Justice on the direct effect of 
Community directives (4). The Constitutional Court re­
iterated its previous finding that the Court of Justice is a 
'legally competent judge' within the meaning of the 
German constitution (5); it observed that the Bundesfi­
nanzhof had failed without proper reason to make a reference for a preliminary ruling to the Court of Justice, 
had failed to fulfil its obligations under Article 177 and 
was in breach of the second sentence of Article 101 (1) of 
the Basic Law, which guarantees access to the 'legally 
competent judge'. Thus there is now in the Federal 
Republic a domestic legal remedy against the failure of 
German courts to discharge their duties under Article 177 
and comply with Community law. 
(4) See third report (OJ No C 200, 1. 9. 1986, p. 27). 
(s) See fourth report (OJ No C 338, 16. 12. 1987, p. 1). 
No C 310/46 Official Journal of the European Communities 5. 12. 88 
1 
CL, 
£ 
-1 
k 
3 
8 
3 
U-, 
W 
g 
Q 
PQ u 
u 
u 
u 
o 
u 
u 
u 
u 
u 
u 
u 
u I | (N (N ->*• ^- (N<N-<f O0rt0\0rtrt m .-I N 1 ;s| 1 ^OHtOvO OM» K •+ KOO TJ- oo — Ortoo 
II _^H | | -^- N us "4" \0 \0 -HIT>JN 
(s| .-H CS — 1 — | I | Tf ^- rtrt rt K 1 (SN««« N Is. \D OO OO 0\ Is. OO @\ us ,— @\ Is. ->*- 00 \D us rO 1 III '— 1 a\a^<N(S|u">us-H — ,-c NN^ MN 
«H —i (s m m r^ 
II "" II || r^l° II N 1 
III II II 21 -^ - | 
1 II | ^ III —'l 1 1 —' (N IIIMI "^ -4" ^ ^) "4- \D IIIIM 1^1 | ^" \0 
I ||||| III (Mill llllll rt«"^*N^ ^K«| Irt 1 (N e"> (N r<-> | 
1 Mill Ml Ml^ll llllll 1 m — m (N — llllll | (si ,- 1 ISI (si 
i riii MI iiiiii MINI* i-™- iiiiii iMir 
1 1 j | I — 1 — CI HrtMffi 1 1 I I j | I I N •+ K \D»OfO _ 1 (s| -* — (si rt ^ w w\fl(>g 
1 Mill III (S(N>H | \ct III—. -H -H is (N u-> (N us vo 1 .-1 1 1 .-1 1 1 in •<»• (^ •* •* 
llllll III 1 III (s| <N O vD <*S rj- | || || 
i i i i i i III M r i i iMiii -irr ^ M 11 i i i- r-
1 Mill III llllll llllll sz^^^z -Mill 1 M 
1 1 N« 1 H 1 1 1 MMKlHrtrt m 1 -H 1 1 1 ifi>HONM* 1 1 (S| (N (N 1 1 1 -H 1 t^ .< 
| Mill III 1 1 1 1 <N "-• I NN«»*rt ^N^-rtNrt | (S| ~ (si | — ||^H||,_I 
llllll III Mil 1 ^*>ONin(S 1 | || II 
1 II II ^ | "*| 1 (N I 1 1 1 MIIM ^0 N rA ^ "^ \0 '"'Mill 1— <N^rriTj-
»-* | ^H | 11 III N« MM llllll oo •<*- T|- (SI O rsl rs|— 1— -H-H rjfN rn 1 -^ 
| 1 I 1 -H 1 III 't'fiN I 1 1 1 -H 1 1 1 1 rtrt^^MM (si so — 1 <s -H | — m m o •>*• 
| | Ti || III |«|^H^-H 1 1 1 -H I -H (>Kf^\0'H'<t •*•*« | (N« (s| — IS m -4" Is 
II llllll 1 III 1 \0 \D us us \D \D | 
II 1 II 11 N \D 1 (s| fS-H 
|| | —i \ —• 1 vOrt CM-H I (N 
III 1 1 O Ov 1 
i ii M i III M ii i i ii i i ii irri - i r r i M r-
1 — MM III llllll llllll -tisvooinin ^ 1 1 1 1 I<N(N||I 
1 I M^l Ml MMM IIIMI ^^^° 1 M 1 M Ml M^ 
— I I -.—« 1 ——• III llllll llllll ,-i m ,-< o —i m m T-( m i (si i ,— so csi o ^ r«s 
II 1 III llllll llllll— — — «s «s rs | I 
1 ||||| N 1 1 1 1 1 <N ^ 1 llllll (N us us m oo •<*• MM i | H i m — m us oo (si 
1 lllll III 1 1 1 1 ^^ llllll <Nmusmmusus(N-<(N(N| ^ m vomoo IN 
(N (^TUftvfiK TH. |s (s| m -"f US \D N (s| fS "4- us \D Is. M f<^ •+m \0 K (si (^ -4" us \D Is (S| m ^- us \D Is oo oooooooooo oooooo oooooooooooo oooooooooooo oooooooooooo oooooooooooo oooooooooooo o\ g\ o\ g\ g\ g\ o\ o\ o\ o\ o\ @\ o\ o\ o\ @\ g\ o\ ^\ ^\ g\ ff\ ^ ff> ^ o^o^ g\ o\ o\ g\ o\ o\ ^\ g\ g\ g\ g\ o\ 
Secretariat-General 
Legal Service 
Statistical Office 
External relations 
Economic and financial affairs 
Internal market and industrial 
affairs 
Competition 
Employment, social affairs and 
education 
5. 12. 88 Official Journal of the European Communities No C 310/47 
1 
On 
$ 
-1 
fc 
$ 
8 
8 
n< 
w 
§ 
Q 
pa u 
U 
O 
u 
u 
u 
u 
u 
u 
u 
u 
u 
u ff»ONoot^oo 1 1 | i-< us ON 1 1 NrHH us m NO rn 1 1 fNIONW | NO O NO •* OO ^li-<(fnO rH+ | <V| (<S rH 
fN NO «N US US CNI III rH II II rH f«S r«S | rHNMrH rnw^rt rt | 
fN| ON CNI <S| rH us Niflrt MrtO rn w | 1 1 1 IfSCNt O OO ON Is us O rn r«s pr, 1 ^ 1 m«KO\ ^- oo (N - 1 1 
NOvO^i^OO rn rH III II — fS NO us | I (N rH CM cs| || 
-HCN! II | | | (S -H<N || 
oooo | m | rn NN II | — 
rn us rn m ^- -4- | | 1 1 1 -« lllll MM 1 1 1 >Hf^ - |CN|<N-«J-NOPN| | CN rH rH is | Mil 
rH <s rn rN <N ^- lll^ll lllll llll | ^ | f<N M ^- III | | _ CN | rn llll 
Hrtr<lf|NH |||||^H lllll I^M | | | | CNl US IIMII III'- II llll 
l~ 1 l~ 1 1 1 1 1 1 1 lllll llll 1 1 1 1 1 1 1 1 1 1- 1 " I"* ~ 1 I- 1 1 
m O NO OO ON US | | | rt+rn lllll llll | | | | r"S NO | | | fNl | | | | rH OO (S| rH 1 ^ | 1 
WO^NON 1 1 1 -•• 1 « 1 1 1 1 1 1 H 1 (S rn ^- rsl m NO llllll r«s | -.J- rH | cN llll 
HNNrtNrt III 1 llll II 1 — — llllll 1 1 llll 
|*H + rt | | | | | rH | lllll llll | | | Hin- | | rH Tj- T)- -<f rt(Nrt* || llll 
<N NO rH us us NO llllll lllll llll ^ 1 1 1 1 ^ 1 ^ ""* 1 1 1 <N 1 CNl -^- || llll 
^ OONK*^ | 1 | 1 1 -i | 1 (Nrt | llll | | | | r<", ns 1 1 1 -H 1 1 ON ^H 1 us rs| rH llll 
«s o NO ON -4- ON rH CNi r« m <N | lllll llll | -HN*«N ||H||| rtM^in it llll 
.-f^NO-^-KICNl | lllll llll 1 Hlfl-I || I)] rH || llll 
CNI ON — m | ^H llllll lllll llll | | | cs | m | rtrti^^-t | .- ^s us |— M IN | 
n^s^sz llllll lllll llll -^ = %S llllll ^ 1 1^ I" llll 
^- IS us ON o us 1 1 1 1 \0M lllll '"'III 1 1 1 (N fi-c | <-• CN| NO Is rH -H rs (N oo rn | 1 ^ | 1 
IS O 0O 00 rn rH rtN 1 ^i^rt | ^H | | | llll •*" — | OS "f NO w | | | | | "4- us ON o rH | fN||| 
rt^NfNIN^ 1 I III llll 1 ^ rH lllll rn | III 
r II i* r , ii 
2^ || | 1 "ES M II 
rn T»- cN TJ- .N! rsl llllll lllll llll | I 1 rn <s! rn | (S ^ ^ N | 1 rv| 1 r— || llll 
rH ts| ^}- rs| r\| CN| | I M .H | lllll llll | .-< 1 — — -*• |||||| rn rn rn rn — | llll 
•t N | N^O* 1 1 1 1 N-H | 1 | 1 ^< r"S | r« 1 ||<N--NONO 1 1 M«ri-H | rs rn cs OS rn llll 
N rs rH US O ON | | | (N | fS lllll llll rH rH rH m NO "<*" | ^ *"* | | | rnrN|US| r- Pv| |||| 
Nrt(OMflH 1 1 | | (N|rl lllll rH (S| US rH 1 1 1 Hi rt « 1 1 rl (V| N 1 | 1 * r( rH | | | rH rH 
cn.Nl 1 (N 1 0O | rH | | rH rH ||||| | 1 ^ M rH rH | | N ^" |||||| | 1 <N <N II Mil 
N m -<r us \o is N m y- us NO is «si m ^*- us NO .si •* us is tsi r<s •* us NO is N(^ ^t- in VOK rg m •*)- US NOIS rxi m ^- us 
OO OO OO OO OO 00 0O 0O 0O 0O 00 00 OO OO OO OO OO OO OO OO 00 OO OO OO OO OO OO OO OO 00 OO OO OO OO OO OO OO OOOO OO OO OO OO 
ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON ON 
c 
0 •3 S .8 
.2 E 
•3 
•^ 
ft 
1 
8 1 £ 
2 OH 
ib 
g^ | » 
° 13 
-o s g II £ 
"S 1 1 
3 2 
T3 
s 
s -~» § 6 
5^ 
•3^ 
•s 1-•3 « 
ll # 
=3 
"Q 
rt 
c 
.2 
3 'S 
e5c 
8* Ii I 
if 
No C 310/48 Official Journal of the European Communities 5. 12. 88 
1 
PL, 
g 
_) 
k 
^ 
8 
8 
H< 
W 
g 
Q 
pa u 
u 
U 
U 
u 
u 
u 
u 
u 
u 
u 
u 
u ^- f) ^" ^ if) NO^N ^ CTv ^ 
1 1 1 1 1 Nifiin^ ^ m 
1 1 1 1 1 ^ ^ — N (?\ 
II "V 
| , <N , , 1 -H 1 <N 1 PO 
i i i i i i- i i r 
i i i ii iii" r 
i i i i i i i i i " i 
|^-iuirs|(N 1 rt^KN 1 .-< 
i i i i i i i r "-
i ^ i i i I^I^ ^ °° 
1 1 1 1 1 -*• oo pr> r"l in oo 
rn 1 ffiw 1 T-i T-i i m (N (^ 
i II i i i i r "^ 
H 1 HrtH 1 f^l r- rH tN P^ 
M||| «>"«-« ^^ 
1 1 2Z 
i ri i i i r -" 
i i i i i i i r ""* 
^ rHrti^ 1 '"'I 1 ^ m m 
1 1 1 II ^IM ** 
i i i i i i i r ~* 
t^ •<*• i/l xO N <N fi •* m \D N 
oo oo oo oo oo oo oo oo oo oo oo ^\ c\ &\ g\ o\ @\ o\ g\ @\ g\ @\ Budgets 
Customs union 
Customs union and indirect 
taxation (X r\| m ^f m o 
rvi Q\ \o m r+ o 
tfl JvNOOOMft 
rs| o 
in us iv <j\ -*• vo 
ClrtOvif ON T-I <S ^- -H (M CM 
in m m m o •*• 53 13 
51 28 
102 21 
104 38 
92 33 
141 27 
.*• ON \0 OO sO •* 
N ?\ 0\ \D (S 00 
m rN rsl (N <N CM 
ON •* •*• O "<*• .-< 
m 0s -^- o m oo 
o pn CM \o *— m 
pn r\i pn in m \0 
m o o .-i m vo (S m pn ^- N <n 
O ~- O O \D •*• 
r* CM 
CM ON -*• CM PO O^ 
N o\ pn ^- pn \D 
CM m •*• •*• oo CM 
PO m m •*• vO CM 
0(N)HMHlft 
CM •*• •*- oo m oo 
CM CM — est p<1 CM 
CM en ^ in \D N 
oo oo OO OO 00 00 
Ox 0\ ON ON 0\ ON 
No 13 
Transposal into national law of directives requiring transposal by 31 December 1987 
classified by Member State 
] Directives applicable as at 31 December 1987 
3 Directives transposed as at 31 December 1987 
795 795 
637 790 
779 
663 649 784 
652 
636 782 794 
567 781 789 
567 607 783 
631 631 
Belgium Germany Denmark France United Greece Italy 
Kingdom Ireland Luxembourg Netherlands 
No C 310/50 Official Journal of the European Communities 5. 12. 88 
ANNEX A 
Infringements of the Treaties and of Regulations 
Contents 
Page 
External relations 53 
Economic and monetary policy 53 
Internal market and industrial affairs 53 
Competition 58 
Employment and social affairs 59 
Agriculture 60 
Transport 64 
Development 64 
Administrative questions 64 
Environment 65 
Fisheries 65 
Financial institutions and taxation 66 
Budgetary questions 66 
Customs union 66 
Indirect taxation 67 
Miscellaneous 69 
Legal basis 
The indication of the legal basis provided here is derived from the document number in the Celex data 
base, which is itself derived from the act's own original number; it is made up as follows: 
— one figure identifying the documentary sector (e.g. 1 = Treaties establishing the Communities, etc.), 
— two figures identifying the reference year (year of publication, signature, etc.), 
— one or two letters identifying the legal form (e.g. E (in sector 1) = EEC Treaty), 
— a serial number representing the number given to the document on publication or the article number. 
Example: 3 80 R 2144 
Sector 3: secondary legislation 
Year of publication 
Regulation 
Regulation No 2144/80 
5. 12. 88 Official Journal of the European Communities No C 310/51 
Sector 
1 
2 
3 
4 
5 Form 
A 
B 
E 
F 
H 
K 
R 
G 
A 
B 
C 
D 
L 
R 
X 
Y 
A 
D 
X 
Y 
PC 
AP 
IP 
AC 
IC 
CC 
BP TREATIES ESTABLISHING THE COMMUNITIES; 
AMENDING AND ACCESSION TREATIES 
Euratom Treaty 
Accession Treaties for Denmark, Ireland, Norway and the United Kingdom 
EEC Treaty 
Merger Treaty 
Treaty amending certain budgetary provisions 
Accession Treaty for Greece 
ECSC Treaty 
Treaty amending certain financial provisions 
Treaty amending certain provisions of the statute of the EIB 
Greenland Treaty 
LAW RESULTING FROM COMMUNITY EXTERNAL RELATIONS 
Agreements with non-member countries 
SECONDARY LEGISLATION 
Budget 
Censure 
Decisions (except ECSC Decisions of general scope) 
EEC and Euratom Directives 
ECSC recomendations 
EEC and Euratom Regulations 
ECSC Decisions of general scope 
Other acts (resolutions, opinions, etc.), published in OJ 'L' series (or old 
single series) 
Other acts published in OJ 'C series 
COMPLEMENTARY LEGISLATION 
Intra-Community Agreements 
Decisions (of the representatives of the Governments of the Member State) 
Other acts published in OJ 'L' series (or old single series) 
Other acts published in OJ 'C series 
PREPARATORY DOCUMENTS 
Commission proposals 
EP Opinions (consultation) 
EP Opinions (own-initiative) 
ESC Opinions (consultation) 
ESC Opinions (own-initiative) 
Opinions of the Court of Auditors 
Acts preparatory to the budget i 
No C 310/52 Official Journal of the European Communities 5. 12. 88 
Sector 
6 
9 Form 
B 
C 
J 
o 
s 
T 
v 
X 
E 
H 
O 
P CASE-LAW OF THE COURT OF JUSTICE 
Observations 
Opinions of the Advocate-General 
Judgments 
Orders 
Attachment orders 
Third party proceedings 
Opinions of the Court of Justice 
Other acts 
PARLIAMENTARY QUESTIONS 
Written questions 
Questions arising during Question Time 
Oral questions 
Petitions 
Note: Sectors planned: 
7 — National implementing measures. 
8 — National case-law. 
10 — Academic writing. 
5. 12. 88 Official Journal of the European Communities No C 310/53 
o 
3 oo 
O O^ 
U -
O ON C c «s 
(A Pi V o 
U 
8 Z <*• 
t> ^ «-> 
O »* c 
C «N U 
fi u B 
U 2 60 o 
ts 3 O 
U 
Pi u -o 
Pi H 
12 
C 
Eg 
w-Su o w 
£ 2 
U 60 
la c 
S.2 
III -o 
I a, 
U 
c 
U -JO 
-C O 
« rt _ 
« 9| 
2 — >s J2 
e "C 
-o 
«£ 
o 2 
a B 
P-, JD ?! 
O-JB 
« 3 
o 
E £ X 
2 ^J5 .H o a « D, -B O 
.5 C p rt 
2 o. 
B 
U O ^3 i2 ^ 
S o -o 
tJ 
o 
B 
Pi Q 33 
o Pi 3 "C 
3 Q •si 
L2-O 
a | 3 
O o 
6 SL B 9* rt Q 
PQ S 
E o -o 
00 
c 
o PH PH o PH 3 8 
S B 6 
3 
jjji) 
"55 
PQ c 
< < 
Pi PJ 
w PJ PJ o 
W PJ 
IV. PJ PJ o 
PJ PJ PJ w PJ PJ 
o 1 o 
a I 
I 
s 
No C 310/54 Official Journal of the European Communities 5. 12. 88 
o 
C 
3 O 
U o 
tJ 
3 O 
U 
& u rt u PcS P* o 
3 cK 
O *-< 
« ^ _; 
O OS c o 
ts 
3 O 
U 
oi u Pi ptj o 
£ so 
o ON 
U -
2 °° •*•' 
«U co he u c 
(V o 
<« U 04 o 
tJ 
3 O 
U 
U oi 
3 -o o 
3 
o 
SH 8 "o 
<3 rt 
-e 3 
s b 
o c c 
•B « y 
II s 
'S ^1 
•2 «-= c 
3 
e 
O o "« ti o a 
•!* 
•3"° 
oj P 
m a o u 
o 
is o 
bO 
c 
a, c £ c 
J2 
-o £ 
c o 
CQ I-H W o C 
S g 
3 C 
.5 T3 
£ 6 
O PL, « O o o o o 6 
3 
pa w 
w pa pa pa pa pa o 
pa pa pa pa o 
pa o 
pa pa 
5. 12. 88 Official Journal of the European Communities No C 310/55 
o 
3 
O 
U o 
tJ 
3 
O 
U 
c* U rt Pi u P4 P4 u Pi Pi Pi Pi rt 
S ° 
J2 g 
C-c X) 3 -o o 
•Hi 
P-c O. 3 
O 
c o 
be 
c O, 
X 
60 rt 6 
3 
o 
o 
a 
E 3 
-O 
o 3 C 
R 
-n 
3 a--r) c 
-o c 0 
« 
u -a !+< 'C w •"= £ 6 Q 60 
ii s 
O J3 
u > 
M u rt S _C O 
u e 8 J 
u O 
P* a. u 
o ^ o o E 
3 
•3 m 6 
3 
_x 'So 
rt "C 
•<j- ,-« n 
— <N <N 
< < < 
w w 
w w o 
w w w w w w w w U w w w w o o 
Hi w w 
No C 310/56 Official Journal of the European Communities 5. 12. 
oi 
o a. 
6 
in -a o u Pi 
w rt 
O o « 
W O 
W P4 tf 
•a 2 
2b 
a E 
Ml 
c 
.2SS 
2 o a 
'5b £ C B.S 
JS ri c3 
.2^ 
'5b >* 
m-s 
PQ 
o o W W 
iv iv o 
o W 
IV o 
o W 
rv w 
w c o 
c 
a o 
•o 
c 0 
rt C 
o 
c 
a 0 
T3 
u c 0 
a 
Pi 
.2 6 
8 3, 
S 2 
E 
3 c* 
3 
<S 2 Pi& 
w c* u 
E •-II 
o bo o 
.S-o 
8 g 
I? 
4S c 
O tin 
C O 
.2 "** 
1 | c <G Pi Pi U 
.a ^ 
U l—' 
s S 
§1 
x E a 
3 u IS 
E o -o 
bC 
c 
O 
o o o WWW N K N 
fS O O vO if) O ON O o o o o WWW,-] 
N N N N W iTi ifl N ON 
o W 
iv 
o 
o W 
rv w oi Pi 
c 
-a 
O -3 3 -o c 
E M> 
-* b 
w m Pi 
{2 ~ 
E "^ 
W pej 
E o 
t! o a 
E 
5 2 
Q3 
O O 
N£> 
< o 
< o 
< ON 
< 
w Pi 
-o 
a 
&S 
E i-1 
o-S I 
'S'i 
b c 
PQ o 
5. 12. 88 Official Journal of the European Communities No C 310/57 
c 0 
c 
a. o 
•a 
u c o c 
o 
'c 
a o 
-o 
c 0 c 
o 
c 
a. 0 
-o 
e o c 
o 
'S a o 
-o 
c o c 
o 
c 
D. 
0 
-a 
a o c 
g 'S a. o 
-o 
c o c 
o 
c 
a, o 
-o 
c o c 
o 
c 
a o 
-o 
c o 
Pi Pi Pi Pi Pi Pi Pi Pi o 
E ^o 
3 oo 
O C* 
u -^ * 
o "^2 « oo **» 
O vO C 
U „ E D w) 60 *"!r! rt -rt O 
ts 
3 
O 
U 
JB 
n 
c U 
fS sO 
<JN 
o 
E^ 
NO C 
<> 6 
u"s o 
3 O 
U 
C* U O 
ts 
3 
O 
U 
Pi o 
e 
3 O 
U 
UN « 
^ U 
-o 
c 
3 2 
a e c o 
=3 
t3 ju 
Pi o o 
-0 
c 
00 =3 -o 
c 
C rt 5 * Pa. 
«u P5u O 60 w 00 
«.S o S 
S 
.5 60 
-^ -2 w e C 3 
©a 
NO — 
Q ^3 b 
2 
a. C e 0 
-o 
v£ 
o 
S c 
I 
c 
u __ 
o 
o c 
e -C 
OS 
-o 
O « 
a 
rt 3 
2 
-o 
•*fc 5 
-o > c « o ^ 
rt -a '3 
00 
'I? 3-B 
^ rt 
C rt 
I °" JjTJ .3 <D 
£ U 
— § 
| | rt 3 60 
c JJ 
-o 
c b 
rt a o '3 
60 
3 
o 
o 
u < 60 
C 
3 
n _c rt s 
a rt -5< 
O a c 
a, C/5 e 3 
60 
m a o a 
« w o o W w 
w w w w w w w w w w o o o 
w w w 
No C 310/58 Official Journal of the European Communities 5. 12. 
o 
3 O 
U o U 
Pi u Pi u Pi u H H oi U Pi H 
u & 
I s 
3 C CTjrt 
C 
.9 a o -o o 
-o 
-r) C 
c 
6 
_C 
15 
rt 
"o 
R 
0 
P-, o 
u 
> 
o 
c 
o 
& 
-o 
S a. ^ 3 
(U > 
B -X3 
u C 
8 & frfc 
:-3 3 n <« 1^ 3J5 
Z rt 3 
C 
R 
_c 
1 
c o 
~o 
J3 
C/) 3 -O 
c 3 
c > o 
ex 
o 
fci o 
-o 
4i 
c 
n 
£ n 5 
c o > ? O U 
B- g 
o m - c 
e-
sl 
o 'C c a o 
P4 Pi •> o 
< HH 
o o o o PH o o 6 u 
Q U 
<N ^ 
w w w w w w w w w w w 
w w w w w w w o o W W 
rx N> o o w w rv r^ o o 
pa w W pa w pa 
a o •s 
I 
o U 
5. 12. 88 Official Journal of the European Communities No C 310/59 
o 
tJ 
3 O 
U o 
ts 
3 O 
U o 
3 O 
U 
Pi Pi rt P4 rt u rt u Pi 
3 
o 6 6 o U 
Pi ts 3 o a. 
o 
2 -c 
C O 
E 3 
P S 
CO 
3 CO C « • = 
rt 6 
QS 
Jli "3-S J J3 
e s E o <-> o, 
-o « 
S a c o U c p .9 i* 
3 -3 -^ C ol O rt 
6c/> 
c 6 o u 
o.S 
-3 3 
«2 § .a e 
2 « 
a o 
ll 
I « 
6 rt 
O 3 .2 bo -o y E c o E.S w 
5 «> 
s •= 8-* c o _c o 
E 3 
0 O 
3 tf Q 
a. 6 u 
°i 
c o U -Q O 
3 _2 
.SJS 
bp 
JS .l£ 
E c '5 I P g rt "fij ant 
*/e so 
State 
«*"| jj 
2-2 6 
-5 3^ Refus 
Fonds 
other 
o o c 
a to _5P -^ J5f 
PQ J3 m a e 
3 
J2P O E 3 
bo E 3 
bO E 3 
bO 
PQ « pq UH 
W P* 
MM W W 
2 Pi ix 
W Pi 
« C* UJ 
ri Pi W 
w <N 
tx 
•* O 
P4 W -H 1^ 
hv IA P4 
NO 
•«- ^ 
W P4 r^ o «n rv f* 
vO 
•«*• hs 
w w IV N, »o w o4 
o <s O *-< 
W W tv rx C* 
rv r^ 
IX 
o o W K •A 
No C 310/60 Official Journal of the European Communities 5. 12. 88 
Pi & Pi o 
tJ 
3 O 
U 
<N 
Ooo™ 
rt •S ^ 
Pi U*3 o 
O ON 
U -
-s * o 
C 
3 
O 
U 0 
e 3 
O 
U vO 
Os 0 
tt 3 
o U 
c -*• 
<u « 
*u o o 
M-H cs 
«*U c 
6 
bo -o 
3 U <J\ 
c <-« 
^U o 
C 
3 O 
U 
H rt U 
2 "o 
•;3 rt 
bo 
b3 
2 E 
6 
3 
m 2 c c 
{- <u 
••" S c 
3 I 
rt ;-
3 
7 5 * bo 
C 
a. 
1 
-a -o 
6 P 13 
-0 
e 
0 
« 
be 
c 
_* 
s 
_* 
s 
s 
0 
-0 
bn 
c <u 
3 
0 
F, 
K J* 
^ G 
o o a PQ o bO C 
C O 
c ,o 
rt 3 
-O 
-O 
rt O T) 
O 
bo 
C 
-O 
O 
a . J4 a G 
S^ 
I SI 
G o -o 
bO 
c 
2 3 .s 
g u 
6 cs 
.31 
« o 
_2 e G w .0 
'^ .a ~ 
§ S E 
c § a 
<< o G u 
G o -a 
60 
c 
2 G 
G 
o 
U 
f2 G 
O O O O •£ O 
sO 
r-s W Pi Pi Pi Pi w 
rt w rt W W w 00 ^ W 1 ° 
Pi! W rt W (*j rt Pi w 
3 
•a 
< 
5. 12. 88 Official Journal of the European Communities No C 310/61 
o 
e 3 
O 
U 
u 
-fl ^ W ^ 
C rvl c 
0 c a o 
c o o 
tt 3 
0 
U 
-c ^ 
O oo 
a <N 
Pi u Pi c^y^ H o 
tj 
3 O 
U 
Pi u o 
3 O 
U 
^ u o 
e 
3 
O 
U 
Pi U o U 
Pi u Pi u Pi o 
tJ 
3 O 
U 
O oo ^ 
C fi 
vU c 
6 oo T> 
3 
3_ 
IS 
•B e rt-* 
«s u o 
2 60 
u > 
-a c 60 
C 
J*! 
s s 3 o a. E 
Pi J3 60 
O £ o 
13 w 
.n rt 
60 rt c y 
6ia o JS 
a-c <n 
a 
M 
_C 
O 
C <-M 
m 0 Cj 
£ O 
PH c o 
X 
W .a g 
° "5 -5 
c 
r§ 
§| 
u.s u c ,3 
« 
0 
Xi 
R x 
c 2 -^ 
iS 
CQ 
_c 
o 
c 
o 
u 60 
o 3 
O « 
6 ~ ^ 8 
U^ .5 O 
pp o 
60 
C 
3 
o o o o o o X 
c OS 
E 
<u J o 
-Q 
B 
X 
t-l X 
c rt S 
O o 
< < 
w Pi 
Pi w 
w w W 
W Pi w w 
PJ Pi w Pi Pi 
rv. 
o O 
O O Pi pa w IV. 
.„ fv. 
W Pi w K 
u-> 
.„ IV. 
« o W Pi r\ o\ w w 
Pi oo "-
o pi 
Pi o 
oo oo 
.„ aC 
O <N 
PJ Pi o 
Pi w 
PJ w 
No C 310/62 Official Journal of the European Communities 5. 12. 
Pi 
o 
o W rx 
(4 ON ix U 
2 ~ 
O ^ 
... o 
O «N 
13 ^ 
Pi o 
<N 00 
IX ^o 
»- <s 
W Pi 
IX ON 
l? P4 o 
c 
3 O 
U 
Pi U 
O 
o 
«> K W 
rs 
f> 
K rv 
'"' o 
<N 
J ) 
( > P£!P^ 
O o 
w &4 u 
2 3 2 
60 
> 
-o 
c 
rt 
1 
*s 
-a 
rt -a 
c s 
b "rt 3 
cy o 
3 -a o 
a 
w 
-C 
bO 
_c 
Si 
_c 
3 
s o 
M> 
0 
>> 
6 
bD 
0 2 
£ 
-o 
s 0 
.2 
2 
rt O 
bo 
-o 
c n 
D. 
£ b 
o bo c 3 
E a. 
u 
-o 
T3 
S 
o 
a 
.2 
o 
"S rt -o c 
rt 
b "c3 
3 
<y rt 
1 
C 
J3 '5 
_c 
-o 
tt 
o 
_o 
0 
a 
sO IX o 
3 0 
U 
Pi u p^ * u 
o 
Q o ~ w w w 
w w a 
ix _ 
w o 
c 3 
O 
U 
-C ^ 
** IX 
a — 0 
c 3 
0 
u 
-c ^ «-> vo 
U Tj" 
C fN 
Pi u 
o o 
^T o 
,-c o w 
pa rt w 
<N CM 
(4(4 Pi U 
c o 
s 0 
6 <3> •q bo 
1 3 
1 u 
6 a b 
.2"B T3 0 
ex 
•s^ 
SH 
2.6 
a 
o -o bC 
c c 
0 
c 
0 
u 
1 
rt 
-o 
-3 
rt be 
bo 
-a 
C rt 
rt U 
E 
b 
"3 0 
"o 
s o 
a 
.6 ^ 1 
V 
-C 
o 
-o 
c 
J 
a. 
6 
3 
6 d 
1 §. N 
'2 
rt £? 
0 
3 
-o 0 
a. 
'o 
"o 
o 
c .o 
'2 bo 0 u 
Pi "2 o 
rt 
a 0 o 
"o 
c 
'2 
bO o 
c 2 o 
3 
bO 
c 
0 
I 
rt 
_e 
^ 
'o 
C 
0 
a 
B t5 
o 
a. 
c o 
u 
_c 
-a 
c 
c 2 a. 
bio 
-a 
-o 
"o 
C 
o 
X 
c 
o 
c 
2 u 
& 
o 
w 
IX 
.^ IX 
O <N 
w rt O 
*3 
"5 Pi Pi ^ 
-<J- oo 
o o 
w rt 
rx IA 
5. 12. 88 Official Journal of the European Communities < No C 310/63 
o 
tJ 
3 O 
U o 
ts 
3 O 
U o 
3 O 
U 
Pi u Pi U Pi Pi Pi Pi U Pi Pi rt 
.a v, 
E 
"S « 
<•£ 2 
° 60 
c c 
1E 
11 u 
E 
2 
3 
-o -o a 
-o 
c 
rt 
J3 
3 
J5 O 
3 
PH E 
0 
4i a 
0 
ex 
.6 
o 
rt 
0 
a c o a #o 
•g 
pi '0 
"S 
,£ 
-O rt 
0 
« c 
3 
"o 
C 
O 
3 rt 
O C 
J" 
3 
c 
"3 _c 0 0 
"rt 
13 
3 u 
z 2. 0 
& « 
a. 3 
is « .2 -2 
K| 
_2 3 3 -s 
g .0 >, 
,9 tlb 0 -O c rt 
'5 
'o 
c 
.s 
E 
-S 
c 0 
a 
0 
Pi45 '0 
.!> 
"3 
•x) 
-0 
N 
3 
a. E 0 
U '0 
.> 
"0 
•5 
rt -O 
-0 
N 
3 
a. E 0 
U to _g 
c 1 
"a 
.E 
m c 0 
C 
1 
1 
c .o 
-0 
< 3 
E §* 
"«3 
-0 c rt 
t! 0 a. 
.Ej 
a 0 
c 'S3 
E 
c 
u 
t; 0 
a 
8 
G 
& 
O 
«3 -0 
43 
"o 
,> 
"0 
_c 
a. 
E 
3 
E 1 
c 
0 
c 0 
'5 
c 
.2 
]u 
(75 
E 
-0 
3 s 
M> 
rt 
_C 
i* 
E 2 3 -0 
-0 
c 
% O 
Q 
E 0 j? 
-a 
'3 a" 
O 3 
"3 « 
H rt 
C^ 
0 "o 
-S tJ 
K.I 
o o o o o o 000 3 
o 
E u X 3 
w 
hs 
fS f<^ 
fS 0 
Pi W 
rv m iv 
«s rv 
Pi 
rv f^ ^ 0 
K f^ ^ 0 
ix iv 0 
w IV 
v£> 
O 
Pi 
vO 
vO 0 
W 
K 
\D v£) 
CS 
•«t-
O 
w w IV vO 
f^ f^ 
<N 
O 
Pi 
IV ^i 0 «N t^ Pi 0 - W iv rv 
•* ... **> -* «S f<^ 
p 0 Pi W w 2 2 
P4 Pi w w 
Pi o »-i »-H 
w 
Pi O ^H 
Pi w rx r^ rv m 
rv m 
r^ 0 O "H 
a! Pi 
<JN <N 0 
Pi 
vO 
O 
f^ 
O 
w rv 
No C 310/64 Official Journal of the European Communities 5. 12. 88 
o 
3 O 
U 
Pi Pi U 
PH O o 
3 O 
U o 
t: 
3 O 
U o 
tJ 
3 O 
U o 
tJ 
3 O 
U o 
3 O 
U 
O oo O ""> 2 O oo ••n -Sffin -g o 
3 * 
O -H O 
e 
3 
O 
U o 
tJ 
3 O 
U 
<N a O oo O oo O oo O » [^ O in °? O 
8 I c 22 
Pi c 22 
Pi . 6 
Pi U Pi U Pi U «< -d •+« 
Pi •+• rt rt 
Pi u Pi 
c 
o 
o 'o 
2 ? 
J* is 
53 n C -s 1) o 
R 3 
60 O 
.2 Jj 
O J2 M5 -O 
•3 o 
PH rt c 
E 
.6 
0 
8.9 
4 a 
OS'S bo 
J* 
g/s CT5 
is S 
•o-S PH 
(J 
< 
h o 
C rt C 
c 
o n, .6 
c o 
c 
PQ c 3 O u fci 
-C 
c 
o 
c 
a, 
2 
3 2 2 
0 
U 
o 
<+i 
c 
PH 
1? 8 S 
8* 
1 rt 
1 § 
2 
3 
PQ 1 § 
PH g H 2 2 o 
U c 
3 
2 
2 
o 
U -o c o 
! u 
U 00 
o c 
V+H ;-
2"° n 
8 
be 
.c 
U c 
o 
"n? 
3 
o 2 
3 
^& 
PQ o PH PQ PQ PQ PQ PQ 
Os 
< < c 
3 </> II 
O _e 
U g 
o o 
u 
2 u 
1-3 
8.2 
"3-3 
a.2 
2.5 
U o 
2 3 
M 2 3 
00 2 3 
60 2 3 
00 2 3 
00 X C a 
2 
o 
«N 
Pi 
•*• 
Pi 
v£> C 
•S 
1 
o 
U 
2 
3 c o 
"3 
Pi 
c/5 Pi 
PH 
o Pi 
PH 
PH 
NO 
*~* 
O 
o W 
rx 2 
PH 
*v 0 
Pi 
PH 
UH 
vO 1^ 
W 
K 
a PH 
0 
Pi 
PH 
"-v 
PH 
hs 2 
PH 
0 
Pi 
PH 
UH 
vO 3 
PH 
\ 0 
Pi 
PH 
PH 
vD 2 PH 
0 
PH 
PH 
PH 
vO 2 PH 
o Pi 
PH 
PH 
sO 2 PH 
O 
Pi 
PH 
UH 
vO 2 PH 
>>* 0 
PH 
PH 
\ PH 
ir> 
vO 2 PH 
0 
PH 
PH 
PH 
vO 2 PH 
O 
Pi 
PH 
^ PH 
vO 2 PH 
0 
Pi 
PH 
PH 
vO 
5. 12. Official Journal of the European Communities No C 310/65 
c 
o 
c 
3, o 
•a w c 
o o 
e 3 
O 
U 
-g 
o 
u 
c f-T 
o 
ON c 
o 
'3 
o 
c 
o o 
e 3 
O 
U 
-5 g 
c rC 
o 
ON C 
o 
'3 
'a 
o 
o c 
_o 
'3 
'a. o 
T3 
C 
o c 
o 
'3 
'a. 
o 
-o 
c 
o c 
.2 ' '3 
'a. 
o 
-a u c 
o c 
o 
'3 
'a 
o 
u c 
o c 
o 
'3 
'a. 
o 
-a u c 
o c 
o 
'3 
'S. 
o 
u c 
o c 
o 
'3 
"a. 
o 
-a 
c 
o 
Pi u Pi Pi u Pi Pi Pi Pi Pi Pi Pi oi 
*rt 
3 
3 
-o C 
u 
c 
X 
-a to rt C H rt 
-_. "O 
c .S o 
H a 
c c 
3 C 
Pi s a. 
3 
o u 
H 
« 3 
cr 
-a 
rt c 
V 3 
rt <0 
3 
c 
o 
rt t 
c 
o 
rt U 
c _e JS 
PH a '3 § 
3 ~ 
I « 
U I 
-S 3 •r -o P a 
•II 
o ^ 
PH 
HJ O C <n 
o .y 
3 "S 
o 
.3 o 
S c 
el 
-2 3 
PH U o .*> 
* J 
J? * 
.5 o 
3 ^ 
2"3 si -2 3 
PH U S3 f-» 
3 -
o o 
O W 
c w 
si 
3 3 
PH Pi! o .« 
fe ys 
-5 *2 
Si 
.3 3 §.s 
•S o 
%! 
3 u 
ft £ 
2 3 
el 
-2 3 
PH U C <« 
o .y 
§ US 
^3 o 
3 •* 
3 
3 
3 
3 .. o £ U Q -a 
3 o -o 
60 
c 
3 
3 
PJ 
Pi o 
2 <N 
f^ 
O 
rs 
o rs 
vO o 
o 
PHPH 
fO 
00 
ON 
o o m 
CO 
o 
<N 
f"> 
O 
Pi « « 
•* ffj IV 
CJ 
«N •<*• 
fN 
NO (> (> < > PH P^ P< 
cs 
"^ 
O 
tv> 
f) f» 
oo 
ON 
<> c> t*N 
o 
fS 
<"N 
f > 
Pi Pi Pi 
•>«• P4 PH 
Pi Pi Pi Pi 
Pi Pi 
Pi 2 
£ 
No C 310/66 Official Journal of the European Communities 5. 12. 88 
o 
tt 
3 
O 
U 
O vO 
12 H o o c rv 
ni U"a o 
tt 
3 
O 
U 
41 <3 u pi c o 
c 
o 
•a 
c o c o 
"5 
o 
-o 
c o c o 
"E a. o 
-o 
c o c g "E "E, o 
-o 
c o c o 
'E 'E. o 
-o 
c o o 
tJ 
3 
o U 
-C 
o 
o 
c vO 
o o 
tt 3 
o u 
JS 
o 
c u 
Pi Pi Pi u Pi u 
C -Q 
--R rt -a 
60 
c 
c £ 
"2 S3 
-3 .2 
U tit « 8 E 
o.s ° E 
-5 JJ 
° c 
2 g > g 
x 
3 -5 
g rt •6 ° h 
u g 
'3 c 
3 .60 
</> £ 
6 o 
2 ° 
3 o ^ 3 
o 
g,o 3 S E 2-s 6 
^ g.£ 
£.§ g e-3 
^ 3 
c E o Q 3 
c 
h x 
a. 
rt 
c o o 
60 
c 
J3 
-o 
_ c 
E.S 
60 
O "* 
5 60 u J? 3 ^ c 
60 
rt C 60 
C 
% -C 60 
C 
Si 
_c 
«2 8* P2 c « u c 
V 8* 
O E o -o 
60 
c 
3 
O O £ O O E 
3 
jib 
O 
w pa 
iv. 
CM ~-< 
«•> <N 
O fN 
IV. IX ON 
2 iv. 
IV. ON 
2 IV. 
IV. <* 
Pi 2 2 
c* 2 2o W iv. rv 
IV. \f\ 
|v? iv? 
2 2 2 Pi 
5. 12. Official Journal of the European Communities No C 310/67 
e 0 
3 
a. o 
•o 
c o c g 
'3 
'a o 
-o 
c o c 0 
c 
D. 
O 
-o 
c o c o 
c 
'a, o 
-o 
c 0 c 0 
'3 
"a o 
-o 
c o c 0 
c 
a 0 
-a 
c o c o 
c 
a, o 
-o 
c o o 
tt 3 
O 
u 
-C 
o 
u 
c fc 
» 
V 0 
e 3 
0 
U 
_C 
o 
o 
c c o 
c 
a o 
-o 
c o c 0 
c 
'a. 0 
-o 
c o c o 
'3 
'3, o 
-o 
c o 
Pi Pi Pi Pi ei Pi Pi u Pi u Pi Pi Pi H H o 
C 3 O 
U 
Pi o 
C* 3 
— o 
O oo ^ o 
00c 
K « 3 
tt U*3 OooK-
U ON C 
ay.! 
s ^ 0 2 
3 6 
3 
6 S 
U 3 x tr 
J3 
'rt " 
rt «< 
u-3 
6 
0 
-0 
bO 
c 52 -0 
'3 "rt 
rt b 
rt 
's 
0 
c 
s 0 
D. 
.6 
J* 
3 
Q 
6 3 
« a 
1 a, 
3 cr fr 
rt 
B 
0 
c 0 
2 0 
OH 
.3 
£ 
3 
Q 
a 
3 
c Q c 
3 
a. 
3 cr fr 
rt 
3 
0 
c 0 
s 0 
D, 
.3 
*s 
3 
Q 
3 
0 
-a bO 
c 
-0 
'3 c 
3 0. 
3 fr 
at 
's 
O 
c 0 
s 0 
a. .3 
vS 
3 
Q 
J>* 
"rt 3 
3 a 
3 
cr fr 
a 
3 
0 
c 0 
2 0 
a, .3 
<£ 
3 
Q 
bo 
3 
3 c 
U 
3 a 3 
cr u b 
OS 
3 
0 
c 0 
s 0 
a, .3 
J* 
3 
Q 
-0 
c 
z, 3 
3 a. 3 
cr 0 
0 
.> 
0 
a 
0 
a. to 
c 
rt 
3 
O -0 
2 0 
a. 
.3 
bo 
c 
12 
0 
bo 
J* 
c 
M 
| 
O 8 3 -0 0 
a i i 
•^ 
0 
a 
3 >> 0 
8 0 a. 
c 0 
.<G 
-0 
3 0 
3 
U 
0 
O «i 
3 0 
b 
3 
3' 
3 3 0 
U 
c 0 
c w 
^3 C 
s 8. 
<A O 
rt T3 
bo bo 
_>, 
"rt 3 
*3 
'6 O 
c 
bO 
O 
rt 
(2 
O 
C 
£ So 
•Q 
0 
a 
c 
c 
'S 
X 
•a 
3 
5 
rt 
3 
c Q c 
"^ 
1 
c 0 
3 C 
'So 
c 
'« 
X 
<i 
-a 
c 
Q S 
_>, 
"rt a 
rt 
c 
'$ 
3 
3 
c 0 
X 
rt 
3 
VJH" 
S 
c 
£ c 
'£ 
I 
_>s 
3 
rt C 
< < 
Pi o q W 
.„ o 
o q 
W Pi pa 
.^ o 
o q 
W Pi W 
.* o 
o q 
W Pi W 
K 
.* O 
o q 
W Pi .^ o 
o q 
W Pi OV o o 
W X 
PJ w w 
w w w w w 
w 
a o 
•a 
9 
1? 4 
a 
No C 310/68 Official Journal of the European Communities 5. 12. 88 
3 O 
U 3 O 
U 
Pi 0*3 Pi Pi Pi Pi Pi U <n bfi 
rt u c* Pi Pi Pi Pi 
c 
o 
^ 
3 
-o 
X 
W c 
o 
>> 
3 
-o 
X 
W £ « T3 
O 
O 
bO 
^•2 
2 rt 
-o 2 
0 JJ 
O 
a tj 
«+H « 
o w e-S o ,. •3 bD 
rt C -o 
o o bo 
-o 
c 
_C 
-o 
c o 
o 
tj 
o a. B 
o c 
o 
rt X c 
X 
oi 
3 
3 O 
-o 
o 
,_« 
-c 
bo 
c T3 
O 
o be 
-o 
c 
_c 
-o 
c 0 
u 
o 
2 
0 
a. 6 
o c 
0 
rt 3 c 
X 
rt 
3 
3 0 
-a 
o 
_e 
bo 
c -o 
O 
o be 
-a 
c 
-C 
-o 
c o o 
o 
e o 
OH 
_g 
o c 
o 
rt X c 
.2 
X 
w 
_W 
IB 
3 0 
-o 
0 
i> 
-C 
bo 
c 
-C -o 
o o bfi 
"1 
i X 
•* «J 
SI <Z o o-o 
2 ° o «-> a. <-> 
.§*£ 
e-S o •3 be 
rt a x •> 
a 8 3 
JJP O 
E e 
o -o 
bD 
C 
2 3 
O 
w w w w w 
w w PJ w w w w w w w w w w w 
5. 12. Official Journal of the European Communities No C 310/69 
a o 
S a. o 
-o 
c o c o 
c 'a. 
0 -a 
c o c 0 
c 'a. o 
-a 
c o 0 
tt 3 o u 
-C 
o 
c IV C 
O 
c "a o 
u 
c o c o 
G 'a o 
0 o 
e 3 O 
U 
-g o 
u 
c rx 
<N c o 
c 'a, o 
-a 
c 
o a o 
c 'S, o 
-a 
c o 
Pi Pi pi & U ^ rt c* u pi oi 
T3 
O O bo 
•8.8 
|| 
£*« 
o " •a W3 
* S x *> rt ft o o 
60 
•a J 
"? X 1 t II <£ O 
o -o 
e*o 
*2 
^ «•» 
c-S •g 6. rt C • - c 
o o 
* "o 
-o 
•ft rt 
0 e 
u fi 
— rt 5 u £ 0 
a 
o 
o 
a S e 
3 
C 
O 
3 
c -5 o 
6 
Q * H IS 3 
^ s 
Pi a II 
o 
s 6 
,2-C rt 
Q £c/5 w 
e 
'c.S O O O o 
w 
« W W W w w w 
4 § 
No C 310/70 Official Journal of the European Communities 5. 12. 88 
ANNEX B 
Infringement of directives 
Contents 
Page 
Statistical questions 71 
Internal market and industrial affairs 71 
Financial institutions and company law 82 
Employment, social affairs and education 84 
Environment, consumer protection and nuclear safety 86 
Agriculture 94 
Transport 108 
Energy Ill 
Competition Ill 
Budgets Ill 
Customs union and indirect taxation 112 
Indirect taxation 113 
78/546 
(31. 12. 1980) 
blank 
yes 
n.m.n. 
n.p.i. 
n.p.a. 
1. 1. 1984 
A/74/82 
Case 171/84 
Judgment 18. 3. 1980 Explanation of entries 
number of directive 
deadline for incorporation of directive into national law 
no measures notified by 31 December 1987 although measures may in fact 
have been taken/measures notified by MS currently under study/ 
infringement proceedings decided but not yet initiated 
national implementing measures notified 
proceedings initiated or pursued on the grounds that no measures have 
been notified 
proceedings pursued on the ground that the directive has not been 
properly incorporated into national law 
proceedings pursued on the grounds that the directive is not being properly 
applied 
deadline for incorporation by the particular Member State 
infringement number ( /82 = year in which proceedings were initiated) 
number of case on Court of Justice register 
date of Court judgment 
reasoned opinion 
5. 12. Official Journal of the European Communities No C 310/71 
<N SOOr. 
5 0"> o 
a o •a « O «« 
<u O l- U M 
"rt d 5^ 
u'C-a •s C ^ tatis 
- ca 
ood 
GO 1 60 
o <! c u 
i a "2 .x 3 
3 -a o 
2 eg 
-C "G 
S « a. E * u & 
o Ndd 
2 c 
> E 
l'3 
IT* <N 
No C 310/72 Official Journal of the European Communities 5. 12. 
< C u sO 
< e 
-o 
c rt 
a 
1 
> o c 
•n 
!*"> (N < C -H o c. 
* e 
c d M 
Pi c 3,2 u 
2"! 
5. 12. 88 Official Journal of the European Communities No C 310/73 
< c r<> OO 
w OO ^ 
G £ £ 
< c 
3 
o 
£ 6 
u-> M rv, oo 
ift rv) be i c 
c3 * a. J-J c 
c ~ 00 J> 
-+ G ON 
, H so < c — 
a 
c o o C \0 
<& rt 
«u 
& 
w E 
No C 310/74 Official Journal of the European Communities 5. 12. 
c u 
rt ij *J 
55 6 6 < a SU < c •* C OS 
< c — 
IV ~ u. c o c 
<-£ tN 
•* 
rt U * Gov 
> 
5. 12. Official Journal of the European Communities No C 310/75 
< a 
a s rt 2 2 c .S o 
'C .U 3 
t> <u O 
> 6 a b-
C .S u eteri 
edic 
odu 
>Ea o 
Q vO U O 
^ IT! «* 
G 
6 c n u 
ij «) 
crt u 
_Q 
rt 6JD 
-o O 
PQ C 
O 
t: 
3 
O c 
c o o 
J} 0 
8U 
c 
S 
c a s 
Si H> 
U 
>s 
a 3,^ U 
-a 
rt 6D 
-o o 
PQ c 
•t 
3 
o 
No C 310/76 Official Journal of the European Communities 5. 12. 88 
c a 
< c a u 
2 s 
< d 
ll U 
u > rt c <u -a tJ 
o a 
c 
h 
C Q 
(N csj < d 
vO 
vO 
< d < d < d 
sO 
O . c B Ji 
fS.IH •«• 
rsl 
A) 
< c a u 
ffi W S M u 
ON ^ 
- E 
< d 
S ° « 5 bo 2 C 2 
rt -2 73 E 
I i 
C lH 
U-5 
2 <N <N ^ 
5. 12. 88 Official Journal of the European Communities No C 310/77 
0s- . 
< c < C u, 
< c 
H 
(J\ <J\ 
o c ol 
u 
nt 
s C 
"o -C 
|* 
2 
is o 3 
-a 
n o SO g 
< c 
< c •; . a. so 
< c -
be 3 < d 
.is u 
r^ ^ 
No C 310/78 Official Journal of the European Communities 5. 12. 
. G. SO 
< a — 
•c 6 
M u •< c M 
- E < d 
> 
T? 
C 3 O 00 o -c 
> 
0 
o sO 
ON B £ <u 
K c — 
. « sO 
< e — 
u _c 
tj 
rt 
b 
U * 
C o u 
e -t3 o 
£ •= sO 
. « sO 
< C -H 
< c M 
i „ 
5 <N C J! 
< a 
& g 
o c —' 
CM g os 
^ • ^ 
^ C ON . « sO < C -
< c v; 
m be 
6 
•s « 
C U 
B c 
3 -J2 
so" l*s, C. — 
<N C ON 
< c — 
£ B 
CM g 
^ B — 
<N C ON 
"= sO 
"V B —• 
in C ON 
, a. sO < C — 
< d M 
— ~z .B 
* 
5. 12. 88 Official Journal of the European Communities No C 310/79 
US « — 
<N g <Js 
^2 c 
< c 
~ B 
< c 
< c — 
< C w, 
s.a»S 
fill Sill C -5 
g <J\ 
< c u, 
< a c 
sO g (J\ 
< c « 
< C C S g 
<: c 
o e 
- a 6 
C -= 
g ON 
C. sD 
2 <N c c 
U"1L 
5: fs u: e (^ g 
< C 
c -s 
6 a < c c 
e c C f> JJ w 
<_J2 |2 
au 
< a 
11 
g « C 
2 S^ 
o -g g 
^ c u .3 W \0 
o c. 
rg g 
< C K 
i U 
ll 
C <L> 
2 6 | g 
""> m 
No C 310/80 Official Journal of the European Communities 5. 12. 
c — 
d o\ 
c — 
6 ^ 
d — 
c 
g ON 
d ^ 
o u -a c rt Fee 
ory 
acts 
J d. <u c — 
G ^ 
d —i 
m d ON 
. « so 
u-i g ON 
^ • NO 
iri d ON 
^ • NO 
d —' 
< d 6 ^ 
d J 
c —i 
6 ^ 
ui ^ -o 
c 
c o 
3 6 e 
#3 5 
2 w, c 
,?oO 
lT> ^| 3 S 
2 o 
C 2 
rt -2 
o <vi 
NO ^ 
m ^ •* —* 
3 00 
£ "> < C — 
> 
o 
o 
m ^ 
5. 12. 88 Official Journal of the European Communities No C 310/81 
a 3 o,-o u o 
PH o. C ON 
C — 
SO ,5 tj 
"* C ON 
< C -
K 
< Is 
6 ^ 
d -H 
6 •-
J c 2 
— u o c . 
PH u c — 
d <-
B °^ 
d —< 
^ c 
d — 
<* d — 
i- d os 
<< B ^ 
d *-H 
sO r<-> 3 
O 
PH B 3 
O 
c .S 
> I -o o 
PH S S3 
C B. 
-C _ 
S i 
No C 310/82 Official Journal of the European Communities 5. 12. 
a o 
.2 o 
§!•§ 
o o -S 
OH-- ^ 
!§ I 
^ i< 3 5 
•9»S 
m ^J •^ ^ < c 
< c 
& s o 
a 
a o 
3 M 
*o ^ 
3 ° 
w> SI 
H -O c ^ o 
• - bc£J J> 
d A* U 
a 
E 6 
< c 2,^: U 
< c 523 
a A+ U 
X 
c 3 
E o U c rt 3 
C 
O < e Ell d « 
c 
3 <« 
13 6 3 O C O 
< o 
5. 12. 88 Official Journal of the European Communities No C 310/83 
- 6 
< c 
~ 6 
< a 
- 6 < c 
<CdS!U 
CM C. 
- 6 
< c 3 3 ' U 
o 
c o 
'E 
-T3 
< .5 
o 
m ^ <d!iU 
d 
2 SCM-
3 fN c> 
f 1 < c 
JS 2 
•p o c < d Su 
< a rs. oo 
c ON o 
• 2 "1 "* 
3 <N U 
o 
•p T3 .«* 
J3 <* S c 
M> O M 2 
K .5 a. o 
§S ^ 
- 2 
^ 2 
< c " E 
< e 
~ E 
.9 b g 
'> IB E 
'r\ .2 o 
w us u 3 O U 
NO r^i 
No C 310/84 Official Journal of the European Communities 5. 12. 88 
.o 
n 
•1 
a 
rt 
•i % 
a "0 o 
a 
i 1 "S. < 
-o 
c rt 
C 
E ^ u U 
<x<+« «3 c !iU 
o 
C H 
<L> <U S 
> -o -£ o 
o vO 
vO 1? 
£ a ft" c ft" c I-
CKJOOO < d^vdU 
.2 as 
=3 § m ._; 6c~" 
< c p ON ^ 
6 ^ 
U < c c ft" 
c 
c ft <TJ 
U 
ir> oo 
'2/tf _; I 
3 
cr si 
5. 12. 88 Official Journal of the European Communities No C 310/85 
g £ £ (N 
:<3 
c.B 
K ^ c 3 
o o 
J3 c 8 
13 .ti is 
u C 3 diiu 
< c 
o .S v o 
•B sp c -
<U J2 *-" _ 
£ s > s e > ^O e s a fs 
<+2 (3 
au 
c 
e 3 C <N 
y 4, 
<-£ rt 
KU 
-3 O 
a'Sb _r_o J "o 
X C be 
2 * 
<N < 3 -H 
oS C- ~ 
"^ 3 -= 
< 3 — 
< 3 -H 
^ 3 — 
3 B a 
* 3 
^ 3 JS 
P b 
OH t* CJJ K 
3 «-
< 3 — 
< 3 \0 
0s 3 — 
< 3 — 
ES 
3 -H 
u-i "• 
< 3 -H 
^1 
No C 310/86 Official Journal of the European Communities 5. 12. 
-5 5 
Is? 
o «-i 
^ CT^ f^ >s 
< C 
5 c£ p •f <^ 
< c <N U < 
o a 
Q7! < c u; 
C oo^ <u ON <£ 
60„: « C -*2 <N 
^ 
5. 12. 88 Official Journal of the European Communities No C 310/87 
< 
ON 
fv 
ON 
< a. 
c 
c 
B a 0 
c oo 
6-w>~; -0 ^ 
^ rx 
U •* 
fN| 
< ti c 00 
u S3 «> •+H rt 
tiU 
« U 
O OH C u 
C u 
O 
U 
vO tN < c 3><N u 
o^ < c U oo 5 ^H r<^ 
* H-3 
No C 310/88 Official Journal of the European Communities 5. 12. 
<J 
c 
c u rg 
<N 
rt U < C B 2 
•«-
^: <N iv 
c ~ 
6 2 • - bo"-1 
d"13 ^ <N 
vO 
CM 
rt < a U 
c 
a«*< rt U 
• - bc^ 
<U ON ^ 
3 oo- U <fi»2, 
O r3 
U * u c rv 
ON 
U < C u < c a u 
iv ^ 
OO 00 
<-> ON ~ 
e 
B « 
oo •- bO""* « 
IV "> 
00 oo 
« ON "v 
C — oo 
u o 
• I- u 
< C 
bo 2 
C 2 
n 3 
00 £ 
ON °° 
ON 2 
IV w d 
6 
c 6^ 
bX)0^ 3 IV <M 
u 
vO rt U t> 
< c UU 
v. . C <N 
<cSU 
< C u 
_,. w 00 NO 
oo gis 
- 6 • 
OO •- 00 s0 <u 
•a * 
8 ° 
CU bi) ON •-
< C u 
5. 12. 88 Official Journal of the European Communities No C 310/89 
cf, 
o & 
•* 
< C- o w 
^ "-)r! <* d !iU < d u; 
< a 
B 
c c 
u (Jv 
rt U 
< d u3 
< d w 
o ^ U 
2^3 ^ a 6 
<! c u; 
vO ^N ^1 ^ "2 o h o ^ 
w 3 55 
w 'S 3 
^•21 
<N <JN ifi c 
g ON 
d — 
_3 
"rt 
> _g 
c 
T3 
<N (> 
No C 310/90 Official Journal of the European Communities 5. 12. 
«*> (N d u 
to 2 
r\ 3 c 
E 
C! C 
u 
u <N 
,, 
u 
6 c 
e 
o U 6 w 1 £? 
J-2 
u^ 
r^ <v4 ^ <N r^ £| < d — 
<N ^ 
"> (N 
5. 12. 88 Official Journal of the European Communities No C 310/91 
vO 
<*> E ^ 
< d — 
b£? 
2* o 
60 
n o 
c 
-Q 
3 
OS ~ c — 
6 ^ 
60 60 2 C OS 
!H • sO 
<^ d — 
o 
M fr 
o 
o 
£ 
-1 u rt >< C 
rt X 
-C -C <N c — 
< c — 
5; d-i 
. R so 
^H d os 
^. • sO 
< d -< < d§ 
- ri.5 C 
^< d os 
< c — 
^H d os , c. sO < c ~ 
Ss «-
0 
a. 
-0 
c 3 
n CO <+H 
O 
> so £ 
o ^ 
< d — 
* C ON 
^ • ^> 
^- C Os 
< c — 
c — 
E os 
5: <N B2 
£ £ "> 
O. O 
0 fi *» 
CO _*2 60 
^ <N 
No C 310/92 Official Journal of the European Communities 5. 12. 
ON ail 
< a ~ 
< c <-
^ d J* 
,-H g 0> 
< C -H 
d — 
11 2 1-3 
-o 
c § a 
o 
00 O JS 
NO" 
3: <N c -a 
o c 8-1 
C £ 
3 —' 
C/5 O 2 | 
< C 
00 S 
- d-£ 
^ E £ 
- 6 
< d 
^ Z2 
< d 
2 c o 
rt .&- N g ON 
o 
3 13 CT-T3 <N g 
< C 
o c 
< c 
"> E £ 
o Jj -a S NO c 
C ON 
~. NO 
C —' 
d^ 
a — 
d o 
^ NO 
<^ 2 c — 
C ON 
G. NO 
c —< 
o c 
§"E. e 
oil NO £ III 
< d ~ 
^ P ON 
< c — 
. G. sO 
< d — 
o 
C —, 
5. 12. 88 Official Journal of the European Communities No C 310/93 
< c ^2 
^ d ja 
< C -< 
* d -S 
2 E<* 
6 0s 
I I o° d -SJ o ^ 
< c NO 
^ d — 
— S ON 
< a -> 
NO c — 
2 gov 
< c ~ 
NO d — 
S 6£ 
JU o 
o 5 ^ P ON 
^ • NO 
00 C -5 
^ g ON 
00 S 
< d ~ 
o 
> 
V 
* 
PH -o 
-c 
c 
T) 
i"< 
f* 
0 D, rt 
J< 
c -o 
o c a NO c — 
- g ON 
< e — 
^ • u 
JNS C — 
fS g ON 
< d — 
-* d -2 
£ g ON 
< c -< 
g ON 
^ g ON 
^4 • NO 
£lS 
c -a 
O ra O c JS 
in g ON 
< dS 
l-N 
< d JJ 
g ON 
'I NO c —< ->J-
NO 
< H^ 
d *-i 
NO G -= 
& 6 a 
ON g ON 
NO d -= 
< d -
< d ^2 
S w 3 g c o <+3 « -O 
« C 6 
C 5 rt 
rt O. N 
ON 
\0 o ON d -^ 
< d ~ 
g ON 
d ~ 
m ^ «5 c 
i-S 
3 U 
U o. d-S 
d-S 
C —' 
< C ~ oo c — 
< d — 
g ON 
d ~ 
g ON 
rv ^J 0 
U 
^d 
No C 310/94 Official Journal of the European Communities 5. 12. 
52 d~ 
< c2 
" S S 
<! c -
y «*. 
C O 
"S -C 
vO _I 2 u 
8 u 
60 3 
C 2 'c ° «» 
2 s § 
c B J3 
rt .9< N £.5 J3 o U 
2 -"3 g •^ do 
* do 
'& t ^ X 
* do 
« 
O £J 
5. 12. Official Journal of the European Communities No C 310/95 
U 
o £J ^ E ^ 
< c — 
u 
UH 
SJ c> ^ E ^ 
< c — 
°"8 
•§ <* c< -a 
U 3 
<js £| oo ^ 
< d2 
"n? 
"C .£ 
rt 
M> fit 
Ml 
OS a. 0 
0< «N u 
ON ^ « 
°£ <^> o s 
ON f^ 
No C 310/96 Official Journal of the European Communities 5. 12. 
< "E. 3 bo 
«2 
(4 > > 60 
"S c 
P <V| 1 H>2>8 
rt di O 4J -3« 
vO <N ;© ^ «.y J^ rt 
•C C 
<N r<^ 
5. 12. Official Journal of the European Communities No C 310/97 
J"2 si's 
fcu 
;£ <N -o c § 
c rt 
3 D 
60 
C 
-n 
^D «N < c ~ 
3-3 
rt MO e 
K5 > a- > 
"•" 2 o -s o 
-r, O -0 
u ° Si 
«J e c 
o £J « 
rr, ^J 
No C 310/98 Official Journal of the European Communities 5. 12. 
* ad ^ a, d < a u 
a u sO 
< C u 
"*" a. d ^ a. d 
-5 § S -o • S3 
-S w) 
bO.C < C -c 
•-1 .1 e o s S "-•5 rt .O 
'u <U SP.S 
S > a> 
(1 ij O u 
Co" 
<N £J oo ^J vO c — 
O 8 
oo ^ -- ^ ON ^J 
5. 12. Official Journal of the European Communities No C 310/99 
x 
,-H vO 
< c au e E • 5 bo ii S "O • S 
J3 hn 60 c 
cS ~o 
OO <_u H " 
3 < c2,SU 
-n c 
3 o a. 6 o U as 3 
on c -o 
flj 
<+2 
ON ^ u ^> 
K oo 
G •« • 3 
a 3,2 U 
-5 & .SP.S 
No C 310/100 Official Journal of the European Communities 5. 12.v88 
< C I\ oo 
«-> °° ^ 
C 2 OO 
• E ~ ^ 
•S.2 u 
-° p 
O ^ 
| E 
o 
ON 
«s| *"| 
O ^ is. t» 
E "O • £ 
C H=>CN U 
•- -2 
o "5 
1j 
r C 
ON 
rs| ~ 
O ^ "a. 
o & 
o « "c 2 is. oo 
rr, w OO \ 
* c E • ^ 
<N c -a . <« 
^ • 3 ON « 
-o c 
3 o a. E o U 3 
W> 
C 
-o 
•ii is. oo 
^ E -a1 • 53 
O ^ rs oo 
-o 
c 3 
o a E o U * 3 <u 
W) 
bJD-M 
C 
-o 
Jn a. 
_c 
5. 12. 88 Official Journal of the European Communities No C 310/101 
S ~* NO 
in <= bO^ 
< e 
T3 ^g 
O &> 
a a 
£••* o u d c 
6 ON 
-
^ 6 -a 
^ • 3 ON r^ 
o f> 3 
>• 
a 
5 -o c rt 
U 
on -o •3 
c 
£ K 0° 
C ON )0 
ON 
6"5 <e3, 3 O < e e ON NO 
u -< oo 
• 1 • "* 
u 
> 
c 
i* T) 
C 
rt 
rt 
.2 a 
> 
c 
* t/) c 
rt 
rt 
-d < e K oo 
S -&° • 3 
c 3 ON rl 
> o 
u 
o n N 
c W o -as 3 jy 
fM ON 
No C 310/102 Official Journal of the European Communities 5. 12. 
C u 
& c '5 
C O J3 
^ - 2 cs a < c 
>•. 
0 
'3 u 
-o 
2 w o 
u 
P, _D v+2 
C 3 
O bC a. c S ^3 
o u U<£ R 
c rt 
Q. 
O u o 
<dSU 
O 3 
•J3 -O c N |-| a vo 
u-> 
< G. U <0 
dSU _c 
ts 
<£ S jy 
ii £ nu 
£ 
bo 
rt 
to 
r^ £> 
c 
-o 
<-SJ 
<— £ 
5. 12. Official Journal of the European Communities No C 310/103 
O S> a c G '-3 o «J G ^ 
IS 
P -c 
G c li 
•-<u <N 
«> 
rt <dSU < c 
G 
c O iv. 
G r-4 
HU -C tj 
jj U ^H 
C Tf 
BU 
60 
c 2 < c 
c 
6 c U -H 
JJ t) 
>+* rt 
«U 
-«- ^ c -^ 
G ^ 
c *-< 
E$ 
C -H 
e-2 <N 
< C 
c «-H oo v 
^ a — 
^- • ^ 
< G 
u-> g Ov 
< C -H 
E$ 
C -H 
G °^ 
< a 
u-i C ON 
c — 
G ^ 
-T3 -o 
ON g° 
OO <N ^ 
ff 
No C 310/104 Official Journal! of the European Communities 5. 12. 88 
vO 
U 
3 
O 
E 
T3 
C rt 
O O rt 
HH -O 
5: «*> 00 « 
r*N. d ON 
< C -
oo " 
00 c — 
«N d ON 
< c — 
« 
3: ^ u 
2 § c -^ 
x < dS d-£ 
6 ON 
5. 12. 88 Official Journal of the European Communities C 310/105 
c — 
G ^ 
d —' 
G ^ 
d <-« 
G ^ 
C T4 
c ~ g os ^ d — 
. H NO 
< C -H 
c 
G ^ 
d ~ 
d ^H c -a 
G "^ 
G "^ 
d —i 
c 
> -d 
f) 
C 
3 
C/5 O 
C 
o 
S 
o 
rt c o 
rt 
U 
cS 
O 
M G ^ 
< c sO 
o c. —•' 
< c ~ 
> hn 
d 
-o -o -r) < •Ji W-. « — 
d ON 
^ sO 
ON m c os ^ • so 
° d — m d os 
. G. sO 
0 
G 
-o d 
o o n 
P* -O > U) 
c 
-a -v T) 
< 4i 
No C 310/106 Official Journal of the European Communities 5. 12. 
q — 
q -= 
.s* 
> 
•n T) 
< W) C 
-o 
<+i 
sO r^ C C 
•§•2 
2 c£ 
sO OH H 
U a 
sO ^ q — d as ^ sO 
c —< 
I | c 2 
^ 2 > 
T) 
-o < 3 
M> C 
-a 
«+J u D, o 
C "2 
jrt O 
E a 
o i-3 
5. 12. Official Journal of the European Communities No C 310/107 
rv 
00 jjj 
m C Os 
. G. sO < a -
tv. 
m >= —' 
< d ~ 
< c -H 
c 
> it: 
a 
M C 
-rt -o -o < u •+i 
sO r<^ 'c 
rt C 
3 
<U & 
-o 
c > U) 
c 
-o -o -n < <-JB 
CM ^ •n g o 
< a — 
GS 
c — 
G o 
^ d — 
in C Os 
. C. sO 
< c ~ 
c 
G 0s 
N. 
sO g 
m e os 
. c. so 
oo £ 
^ ci — 
m c os 
< c <-
jl 
X 
sO pr, m g os 
< d — 
G£ 
K 
00 rt 
m g qv 
< a sO 
< c c -2 
g Os 
g Os 
est G m g os 
^ • ^> 
d -a 
g" Os 
< C >> 
^ ;-! > 60 •3 C 
-a -a <^ _d W) bo C 
t/5 42 
"*• ^ d 3 
3 £ 
O bo 
a d 
G '-o 
No C 310/108 Official Journal of the European Communities 5. 12. 
Q > 
-o T) 
< 1 
U) c 
-a 
<-M 
^ ^ .ss£ 
> W) c 
-o -o TJ 
< <u <-t; 
•^ ^ ^ c£ oo 
c ~ oo 
" 6-fo S d %Z~ 
< d 3,ui U 
S ° & 
0.2 "3 
y o 
o 
^ ~ 
?" £ d 
id 
a 
ment 
1. 19 
29/8 
M SJ <•<•> 
IN 
< d 
6 
d vO 
tuo^ 
u 
<cKU 
_c 
& fe 
c C £ O 
:i s. - i 
^ g 2 S 
5. 12. Official Journal of the European Communities No C 310/109 
oo _ g-^ 
Os ci OJO •*"> u 
< * -a 2° ,<N U 
6-o -g 
U u u c R 
W) 
-a 
3 Ox 
o fN 
K 
IS| 
U < c 
J-4 C C 
< c U < c C 00 Cs 
G - * 
E'-f ^ S 
^>r< U 
c c o .9 
60 CC < d CON?1 
OS 00 g^ ^ -
u 
T3 O O M> 
"O _ 'o C —i 
6 ^ 
c —i 
G ^ P Os 
c -* 
Os 
f> 
< c 
G 
c c 
oy y ,, 
rt u 
< c u o 
U 
e — w -a ^ 
S -b c S •- .y 
< o 
No C 310/110 Official Journal of the European Communities 5. 12. 
< c U 
-o o o 
60 
00 £ ON °° 
^2 
NO ^ C I-* 
o o 
5 <*-> </) ° > 
' s 1 S 
^ ^5 u NO 
c -= 
oo £> 
— P ON 
Hi P. 4J C ON 
C. ND 
c — 
S ON 
< c 
c — 
C ON P NO c — 
< p s 
c — 
•c w 
S u O 
w> oo w 
u-i • _S 
O P 
^ C ON 
^ • ND 
C ON 
P NO 
C ^H 
< 
oo Jj 
m C ON 
^, • NO 
c-5 
C —' 
c — 
< c 
< o o 13 
-c S .S 
""IS ^ ^3 
oo O CM 
O - £ § 
5. 12. 88 Official Journal of the European Communities No C 310/111 
-o o u 
C w J3 
w .2 > 
-S c .s c -o 
E 60 -o o 
I 60 
c 'o 
•a H « 
&.S o < c U < d^ U 
^ d 6 
^ d. 6 
< c c 
< c u; 
-
< c 
D.^ 
C Ji o <N 
3 
u 
£ Q 
No C 310/112 Official Journal of the European Communities 5. 12. 
00 d 6 
<*• c Ov 
^ rt >H <u 
H u 
< a. 
c c 
« <N 
a^ 
U 
>V3 
d -a I-H rt 
f*<£ < d i U < C —i 
5. 12. 88 Official Journal of the European Communities No C 310/113 
(N. OO 
Pi OO £ ^ m 
< c i u < c 2 c — 
d ON 
C —i < d ~ 
t\ 
ON c — 
o C — 
< C ~ 
o 
"° -C "° 
p I* w vO c — 
^ E Si 
3 ~ 
3 'S ^ a. 6 
.is 
a < d 
^ ad 
< c ^ 
OO g _ m 
o os bo^ w 
^ a "2 -: rt ^ ad 
< d u 
' d « 
* & 
H .S Is 
No C 310/114 Official Journal of the European Communities 5. 12. 88 
ex c c 
u \0 
U 
•* 
—• c 
d>-£i (^ 
a 
< d U 
o 
H 3 
e 
E 0 
M 
O . e • ^ 
!U ^ d 6 < d u; 
U < d % U < d U <cSU < d £ U < d CX o 
2 d c 
& rt c 5 
4- 6 
< d £! U < d £ U < d 
00 d d u o 
sO rt >H 4> 
< c a u ^ d.6 
< C u 
ex o < d 
<N 
r\ rt be"* J) 
< c42u "> d<-
<< d U 
< > 
CO .> 
a 
Q 
5. 12. 88 Official Journal of the European Communities No C 310/115 
< G OO 00 
1,3 U 
"do 
< C u 
n -a 
o o c 
6 « o C *-< 
R ~ 
to"-1 •o • vO 
rt < c U "> 6 
< a U 
H.5 Cu.5 >, 
o '"" o" 
sis. CU.S D. 
E 
w d 
_c > is