EN    EN EN 
 
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 18.11.2008 
SEC(2008) 2854 
  
COMMISSION STAFF WORKING DOCUMENT 
 
accompanying the 
25th ANNUAL REPORT  
ON MONITORING THE APPLICATION OF COMMUNITY LAW 
(2007) 
  
SITUATION IN THE DIFFERENT SECTORS  
{COM(2008) 777 final} 
{SEC(2008) 2855} 
 
EN 2   EN TABLE OF CONTENTS 
1 ENTERPRISE AND INDUSTRY ............................................................................. 16 
1.1 General introduction................................................................................................... 16 1.2 Automotive Industry .................................................................................................. 17 1.2.1 Current position......................................................................................................... . 17 
1.2.2 Changes underway ..................................................................................................... 18 1.2.3 Evaluation ............................................................................................................... ... 18 
1.3 Chemicals.................................................................................................................. . 19 
1.3.1 Dangerous substances  and preparations..................................................................... 19 
1.3.2 Fertilizers and detergents ........................................................................................... 20 1.3.3 Drug precursors.......................................................................................................... 20 
1.3.4 Good laboratory practice............................................................................................ 20 1.3.5 Evaluation for chemicals sector ................................................................................. 20 1.4 Pharmaceuticals.......................................................................................................... 21  
1.4.1 Current position......................................................................................................... . 21 
1.4.2 Changes underway ..................................................................................................... 23 1.4.3 Evaluation ............................................................................................................... ... 23 
1.5 The Transparency Directive....................................................................................... 24 1.6 Medical devices.......................................................................................................... 24  
1.6.1 Current position......................................................................................................... . 24 
1.6.2 Changes underway ..................................................................................................... 24 1.6.3 Evaluation ............................................................................................................... ... 25 
1.7 Cosmetics .................................................................................................................. . 25 
1.7.1 Current position......................................................................................................... . 25 
1.7.2 Changes underway ..................................................................................................... 26 1.7.3 Evaluation ............................................................................................................... ... 26 
1.8 Mechanical, electrical and te lecommunications equipment....................................... 26 
1.8.1 Current position......................................................................................................... . 26 
1.8.2 Changes underway ..................................................................................................... 27 1.8.3  Evaluation .............................................................................................................. .... 27 
 
EN 3   EN 1.9 Gas appliances, pressure equipment and legal metrology ......................................... 28 
1.9.1 Gas appliances........................................................................................................... . 28 
1.9.1.1 Current position....................................................................................................... ... 28 
1.9.1.2 Changes underway ..................................................................................................... 28  
1.9.1.3 Evaluation ............................................................................................................. ..... 28 
1.9.2 Pressure equipment .................................................................................................... 28 1.9.2.1 Current position....................................................................................................... ... 28 
1.9.2.2 Changes underway ..................................................................................................... 29  
1.9.2.3 Evaluation ............................................................................................................. ..... 29 
1.9.3 Legal metrology ......................................................................................................... 2 9 
1.9.3.1 Current position....................................................................................................... ... 29 
1.9.3.2 Changes underway ..................................................................................................... 30  
1.9.3.3 Evaluation ............................................................................................................. ..... 30 
1.10 Construction products ................................................................................................ 31 1.10.1 Current position........................................................................................................ .. 31 
1.10.2 Changes underway ..................................................................................................... 31 1.10.3 Evaluation .............................................................................................................. .... 32 
1.11 Textiles/clothing, footwear and wood........................................................................ 32 
1.11.1 Textiles and clothing.................................................................................................. 3 2 
1.11.1.1 Current position...................................................................................................... .... 32 
1.11.1.2 Changes underway ..................................................................................................... 3 3 
1.11.1.3 Evaluation ............................................................................................................ ...... 33 
1.11.2 Footwear................................................................................................................ ..... 33 
1.11.3 Wood.................................................................................................................... ...... 33 
1.12 Cultural goods ............................................................................................................ 34 
1.13 Late payment.............................................................................................................. 34 
1.14 Product liability......................................................................................................... . 35 
1.15 Non-harmonised area ................................................................................................. 35 1.15.1 Current position........................................................................................................ .. 35 
1.15.2 Changes underway ..................................................................................................... 37 
 
EN 4   EN 1.15.3 Evaluation .............................................................................................................. .... 38 
1.16 Preventive rules of Directive 98/34/EC ..................................................................... 38 1.16.1 Current position........................................................................................................ .. 38 
1.16.2 Changes underway ..................................................................................................... 39 1.16.3 Evaluation .............................................................................................................. .... 39 
2 COMPETITION......................................................................................................... 39 2.1 Overall introduction ................................................................................................... 39 2.1.1 Measures in force:...................................................................................................... 3 9 
2.1.2 Work done in 2007..................................................................................................... 40 2.2 Financial Transparency Directive .............................................................................. 40 
2.3 Non-compliance with Commission decisions  on the recovery of State aid............... 40 
2.4 Electronic communications........................................................................................ 41 
2.4.1 Current position......................................................................................................... . 41 
2.5 Financial services....................................................................................................... 42 
2.6 Energy sector.............................................................................................................. 42 
2.7 Overall evaluation ...................................................................................................... 43 3 EMPLOYMENT, SOCIAL AFFAIRS AND EQUAL OPPORTUNITIES.............. 43 3.1 Free movement of workers and coordina tion of social security schemes.................. 43 
3.1.1 Current position......................................................................................................... . 43 
3.1.1.1 Existing measures in force ......................................................................................... 43 3.1.1.2 Report of work done in 2007 ..................................................................................... 44 3.1.2 Changes underway ..................................................................................................... 45 3.1.3 Evaluation ............................................................................................................... ... 47 
3.2 Labour Law ................................................................................................................ 4 9 
3.2.1 Current position......................................................................................................... . 49 
3.2.1.1 Existing measures in force ......................................................................................... 49 3.2.1.2 Report of work done in 2007 ..................................................................................... 49 3.2.2 Changes underway ..................................................................................................... 51 3.2.3 Evaluation ............................................................................................................... ... 54 
3.3 Health and safety at work........................................................................................... 55 
 
EN 5   EN 3.3.1 Current position......................................................................................................... . 55 
3.3.1.1 Existing measures in force ......................................................................................... 55 3.3.1.2 Report of work done in 2007 ..................................................................................... 55 3.3.2 Changes underway ..................................................................................................... 57 3.3.3 Evaluation ............................................................................................................... ... 58 
3.4 Anti-discrimination and gender equality.................................................................... 59 3.4.1 Current position......................................................................................................... . 59 
3.4.1.1 Existing measures in force ......................................................................................... 59 3.4.1.2 Report of work done in 2007 ..................................................................................... 59 3.4.2 Changes underway ..................................................................................................... 61 3.4.3 Evaluation ............................................................................................................... ... 62 
4 AGRICULTURE AND RURAL DEVELOPMENT................................................. 63 4.1 Current position.......................................................................................................... 6 3 
4.1.1 Report of work done in 2007 ..................................................................................... 65 4.1.1.1 Actions under Article 226 and 228 EC ...................................................................... 65 4.1.1.2 Petitions.............................................................................................................. ........ 66 
4.1.1.3 Implementation of the Commission co mmunication on better monitoring of the 
application of Community law COM(2002)725........................................................ 66 
4.1.1.4 Technical standards notifications (Directive 98/34/EC)............................................ 66 
4.1.1.5 Comitology............................................................................................................. .... 67 
4.1.1.6 Assessment of rural development programs .............................................................. 67 4.1.1.7 EU 10 and EU 2 enlargement follow-up.................................................................... 67 4.1.1.8 Conformity clearance................................................................................................. 67  
4.1.1.9 Simplification......................................................................................................... .... 69 
4.1.2 Changes Underway .................................................................................................... 69 4.1.2.1 Recently adopted measures due to enter into force.................................................... 70 4.1.2.2 New measures due to be adopted............................................................................... 71 4.1.2.3 Prioritisation......................................................................................................... ...... 72 
4.1.3 Evaluation ............................................................................................................... ... 73 
5 ENERGY AND TRANSPORT.................................................................................. 73 5.1 Current position.......................................................................................................... 7 3 
 
EN 6   EN 5.1.1 Existing measures in force ......................................................................................... 73 
5.1.2 Report of work done in 2007 ..................................................................................... 74 5.1.2.1 Articles 226-228 EC / 141-143 Euratom. "Infringement procedures"....................... 74 5.1.2.2 National implementing measures............................................................................... 74 5.1.2.3 Complaints ............................................................................................................. .... 75 
5.1.2.4 Cooperation with Member States............................................................................... 76 5.1.2.5 Petitions.............................................................................................................. ........ 76 
5.1.2.6 Parliamentary questions ............................................................................................. 76 5.1.2.7 Follow-up of enlargement.......................................................................................... 76 5.1.2.8 Reporting activities ................................................................................................... . 77 
5.1.2.9 Report of work done in 2007, by sector..................................................................... 77 5.1.3 Changes Underway .................................................................................................... 91 5.1.3.1 Recently adopted measures due to enter into force which may require additional 
work........................................................................................................................... . 91 
5.1.3.2 New measures due to be adopted whic h may require specific implementation / 
transposition work...................................................................................................... 91 
5.1.3.3 Volume of enquiries, complaints, in fringements work and petitions, and 
prioritization among them.......................................................................................... 91 
5.1.4 Evaluation ............................................................................................................... ... 92 
5.1.4.1 Energy ................................................................................................................. ....... 92 
5.1.4.2 Transport .............................................................................................................. ...... 96 
5.1.5 Overall conclusion ................................................................................................... 100 6 ENVIRONMENT .................................................................................................... 102 6.1.  General overview ..................................................................................................... 102 6.2.  Analysis by sector .................................................................................................... 104  
6.2.1  Nature Conservation................................................................................................. 104 6.2.1.1  Current position...................................................................................................... ... 104 
6.2.1.2  Changes underway .................................................................................................. 107 6.2.1.3  Evaluation of the current positi on in terms of implementation................................. 108 
6.2.1.4. Further challenges in implementing Nature Protection legislation.......................... 108 
6.2.1.5 Prioritisation of Commission ’s legal enforcement work ......................................... 109 
 
EN 7   EN 6.2.2 Waste Management.................................................................................................. 110 
6.2.2.1 Current position....................................................................................................... . 110 
6.2.2.2  Changes underway ................................................................................................... 112  
6.2.2.3. Evaluation of the current position in terms of implementation................................. 113 6.2.2.4. Further challenges in implementi ng Waste Management legislation ....................... 113 
6.2.2.5. Prioritisation of Commission ’s legal enforcement work ......................................... 114 
6.2.3   Environmental Impact Assessment a nd Strategic Environm ental Assessment ...... 114 
6.2.3.1  Current position...................................................................................................... . 114 
6.2.3.2  Changes underway ................................................................................................... 115  
6.2.3.3. Evaluation of the current position in terms of implementation................................ 116 6.2.3.4 Further challenges in implementing Envi ronmental Impact Assessment legislation
............................................................................................................................... ... 117 
6.2.3.5. Prioritisation of Commission ’s legal enforcement work ......................................... 117 
6.2.4  Protecting Water Resources ..................................................................................... 118 6.2.4.1  Current position...................................................................................................... ... 118 
6.2.4.2  Changes underway .................................................................................................... 12 0 
6.2.4.3 Evaluation of the current position in terms of implementation................................ 121 6.2.4.4  Further challenges in implementi ng European water legislation............................. 121 
6.2.4.5 Prioritisation of Commission ’s legal enforcement work ......................................... 122 
6.2.5  Air quality ............................................................................................................. ... 122 
6.2.5.1  Current position...................................................................................................... ... 122 
6.2.5.2 Changes underway ..................................................................................................... 12 3 
6.2.5.3 Evaluation of the current position in terms of implementation................................ 124 6.2.5.4 Further challenges in implemen ting Air Quality legislation.................................... 125 
6.2.5.5 Prioritisation of Commission ’s legal enforcement work ......................................... 125 
6.2.6   Climate change........................................................................................................ 1 26 
6.2.6.1  Current position...................................................................................................... ... 126 
6.2.6.2  Changes underway .................................................................................................... 12 8 
6.2.6.3 Evaluation of the current position in terms of implementation................................ 129 6.2.6.4. Further challenges in implementi ng Climate Change legislation ............................ 129 
6.2.6.5 Prioritisation of Commission’ s legal enforcement work ......................................... 130 
 
EN 8   EN 6.2.7   Industrial Installations............................................................................................. 13 0 
6.2.7.1 Current position....................................................................................................... . 130 
6.2.7.2  Changes underway .................................................................................................... 13 2 
6.2.7.3 Evaluation of the current position in terms of implementation................................ 133 6.2.7.4. Further challenges in implementing i ndustrial installations legislation................... 133 
6.2.7.5. Prioritisation of Commission ’s legal enforcement work ......................................... 134 
6.2.8   Chemicals, Pesticides, Biocides and Biotechnology............................................... 134 
6.2.8.1  Current position...................................................................................................... ... 134 
6.2.8.2  Changes underway .................................................................................................... 13 5 
6.2.8.3 Evaluation of the current position in terms of implementation................................ 136 6.2.8.4 Further challenges in implementing legi slation relating to the Chemicals and 
Biocides sector ......................................................................................................... 137 
6.2.8.5. Prioritisation of Commission' s legal enforcement work .......................................... 137 
6.2.9  Governance and Environmental Liability ............................................................... 138 6.2.9.1  Current position...................................................................................................... ... 138 
6.2.9.2 Changes underway ................................................................................................... 139 6.2.9.3 Evaluation of the current position in terms of implementation................................ 139 6.2.9.4. Further challenges in implementing legislation ....................................................... 139 
6.2.9.5 Prioritisation of Commission' s legal enforcement work .......................................... 139 
6.3.1 Implementation of Communication 2002 on Better Monitoring the Application of 
Community Law....................................................................................................... 139 
6.3.1.1  Existing networks promoting better imple mentation of EU environmental law ..... 140 
6.3.1.2   Better Regulation .................................................................................................... . 141 
6.3.1.3.  Petitions and Complaints.......................................................................................... 142  
6.3.1.4. Implementation sessions with  the European Parliament.......................................... 142 
6.3.1.5  Role of Non-Governmental Organisations............................................................... 142 6.3.1.6  Conformity checking................................................................................................ 143  
6.4   General evaluation ................................................................................................... 143 7 INFORMATION SOCIETY AND MEDIA ............................................................ 146 7.1 Electronic communications...................................................................................... 146 7.1.1 Current position........................................................................................................ 1 46 
 
EN 9   EN 7.1.1.1 Existing measures in force ....................................................................................... 146 
7.1.1.2 Report of work done in 2007 ................................................................................... 147 7.1.2 Changes underway ................................................................................................... 150 7.1.2.1 Recently adopted measures...................................................................................... 150 7.1.2.2 New measures due to be adopted............................................................................. 150 7.1.2.3 Volume of enquiries and priorities........................................................................... 151 7.1.3 Evaluation ............................................................................................................... . 151 
7.2 The Audiovisual and Media..................................................................................... 151 7.2.1 Current position........................................................................................................ 1 51 
7.2.1.1 Existing measures in force ....................................................................................... 151 7.2.1.2 Report of work done in 2007 ................................................................................... 152 7.2.2 Changes Underway .................................................................................................. 152 7.2.2.1 Recently adopted measures...................................................................................... 152 7.2.2.2 New measures due to be adopted............................................................................. 152 7.2.2.3 Volume of enquiries and priorities........................................................................... 153 7.2.3 Evaluation ............................................................................................................... . 153 
7.3 Public Sector Information ........................................................................................ 153 7.3.1 Current Position ....................................................................................................... 15 3 
7.3.1.1 Existing measures in force ....................................................................................... 153 
7.3.1.2 Report of work done in 2007 ................................................................................... 154 7.3.2 Changes underway ................................................................................................... 154 7.3.3 Evaluation ............................................................................................................... . 155 
7.4 Electronic Signatures ............................................................................................... 156 7.4.1 Current Position ....................................................................................................... 15 6 
7.4.1.1 Existing measures in force ....................................................................................... 156 7.4.1.2 Report of work done in 2007 ................................................................................... 156 7.4.2 Changes underway ................................................................................................... 156 7.4.3 Evaluation ............................................................................................................... . 156 
8 FISHERIES AND MARITIME AFFAIRS.............................................................. 157 8.1 Current position........................................................................................................ 157  
 
EN 10   EN 8.1.1 Existing measures in force ....................................................................................... 157 
8.1.2 Report of work done in 2007 ................................................................................... 157 8.2 Changes underway ................................................................................................... 158 8.3 Evaluation ................................................................................................................ 1 60 
9 INTERNAL MARKET AND SERVICES .............................................................. 160 9.1 General overview ..................................................................................................... 160 9.1.1 Existing measures in force ....................................................................................... 160 9.1.2 DG internal market and services approach for 2008-2009 ...................................... 167 9.2 Analysis by sector .................................................................................................... 169 
9.2.1  Freedom to provide services and freedom of establishment (other than Financial 
Services) .................................................................................................................. 169 
9.2.1.1 Current position....................................................................................................... . 169 
9.2.1.2 Changes underway (2008-2009) .............................................................................. 172 9.2.1.3 Evaluation ............................................................................................................. ... 173 
9.2.2  Financial Services ................................................................................................... 173 
9.2.2.1 Current position....................................................................................................... . 173 
9.2.2.2 Changes underway (2008-2009) .............................................................................. 177 9.2.2.3 Evaluation ............................................................................................................. ... 180 
9.2.3  Free movement of capital (Articles 56 et seq. EC) .............................................. 182 
9.2.3.1 Current position....................................................................................................... . 182 
9.2.3.2 Changes underway (2008-2009) .............................................................................. 183 9.2.4  Public procurement ................................................................................................ 183 
9.2.4.1 Current position....................................................................................................... . 183 
9.2.4.2 Changes underway (2008-2009) .............................................................................. 185 9.2.4.3 Evaluation ............................................................................................................. ... 186 
9.2.5  Regulated professions (qualifications) ................................................................. 186 
9.2.5.1 Current position....................................................................................................... . 186 
9.2.5.2 Changes underway (2008-2009) .............................................................................. 187 9.2.5.3 Evaluation ............................................................................................................. ... 188 
9.2.6  The business environment ..................................................................................... 188 
9.2.6.1 Current position....................................................................................................... . 188 
 
EN 11   EN 9.2.6.2 Changes underway (2008-2009) .............................................................................. 189 
10 REGIONAL POLICY.............................................................................................. 190 10.1 Current position........................................................................................................ 19 0 
10.1.1 Existing measures in force ....................................................................................... 190 10.1.2 Work  in 2007........................................................................................................... 190 
10.2 Changes underway ................................................................................................... 191 10.2.1 Recently adopted measures due to enter into force which may require additional 
work: ........................................................................................................................ 19 1 
10.2.2 New measures due to be adopted whic h may require specific implementation / 
transposition work :................................................................................................... 191 
10.2.3 Volume of enquiries, complaints, in fringements work and petitions, and 
prioritization among them :....................................................................................... 191 
10.3 Evaluation ................................................................................................................ 191 
11 TAXATION AND CUSTOMS UNION.................................................................. 191 11.1 Customs................................................................................................................... . 191 
11.1.1 Current position........................................................................................................ 191 
11.1.1.1 Existing measures in for ce (situation on 31/12/2007).............................................. 191 
11.1.1.2 Work  in 2007......................................................................................................... .. 192 
11.1.2 Changes underway ................................................................................................... 193 
11.1.3 Evaluation .............................................................................................................. .. 195 
11.2 Indirect taxation ....................................................................................................... 19 5 
11.2.1 Current position........................................................................................................ 195 
11.2.1.1 Work  in 2007......................................................................................................... .. 195 
11.2.2 Changes underway ................................................................................................... 197 11.2.3 Evaluation .............................................................................................................. .. 198 
11.3 Direct taxation.......................................................................................................... 1 99 
11.3.1 Current position........................................................................................................ 199 
11.3.1.1 Existing measures in for ce (situation on 31/12/2007).............................................. 199 
11.3.1.2 Work  in 2007......................................................................................................... .. 199 
11.3.2 Changes underway ................................................................................................... 200 11.3.3 Evaluation .............................................................................................................. .. 201 
 
EN 12   EN 12 EDUCATION AND CULTURE ............................................................................. 202 
12.1 Education................................................................................................................. . 202 
12.2 Sport ..................................................................................................................... .... 203 
13 HEALTH AND CONSUMER PROTECTION....................................................... 203 13.1 Introduction.............................................................................................................. 203 
13.2 Public Health............................................................................................................ 2 03 
13.2.1 Current position........................................................................................................ 203 
13.2.1.1 Work Done in 2007.................................................................................................. 203  
13.3 Consumer Affairs..................................................................................................... 206 13.3.1 Current position........................................................................................................ 206 
13.3.1.1 Work done in 2007................................................................................................... 20 6 
13.4 Food & Feed Safety ................................................................................................. 211 13.4.1 Current position........................................................................................................ 211 
13.4.1.1 Work done in 2007................................................................................................... 21 1 
13.5 General Evaluation................................................................................................... 222 14 JUSTICE FREEDOM AND SECURITY................................................................ 222 14.1 Fundamental rights................................................................................................... 222 14.1.1 Work in 2007............................................................................................................ 222 
14.2 Citizenship............................................................................................................... . 223 
14.2.1 Work in 2007............................................................................................................ 223 
14.2.2 Changes underway ................................................................................................... 223 14.2.3 Evaluation .............................................................................................................. .. 223 
14.3 Data Protection......................................................................................................... 22 4 
14.3.1 Work in 2007............................................................................................................ 224 
14.3.2 Changes underway ................................................................................................... 224 14.3.3 Evaluation .............................................................................................................. .. 224 
14.4 Asylum and immigration.......................................................................................... 225 14.4.1 Work in 2007............................................................................................................ 225 
14.4.2 Changes underway ................................................................................................... 226 14.4.3 Evaluation .............................................................................................................. .. 226 
 
EN 13   EN 14.5 Borders and visas ..................................................................................................... 227 
14.5.1 Work in 2007............................................................................................................ 227 
14.5.2 Changes underway ................................................................................................... 227 14.5.3 Evaluation .............................................................................................................. .. 228 
14.6 Judicial cooperation in civil matters ........................................................................ 228 14.6.1 Work in 2007............................................................................................................ 228 
14.6.2 Changes underway ................................................................................................... 228 14.6.3 Evaluation .............................................................................................................. .. 229 
14.7 Free movement of persons ....................................................................................... 231 14.7.1 Work in 2007............................................................................................................ 231 
14.7.2 Changes underway ................................................................................................... 232 14.7.3 Evaluation .............................................................................................................. .. 233 
14.8 Security .................................................................................................................. .. 233 
14.8.1 Work  in 2007: ......................................................................................................... 2 33 
14.8.2 Changes underway ................................................................................................... 233 14.8.3 Evaluation .............................................................................................................. .. 234 
15 TRADE .................................................................................................................... 234  
16  ENLARGEMENT.................................................................................................... 234 
16.1  Current position....................................................................................................... 23 4 
16.1.1 Existing measures in force ....................................................................................... 234 1.6.1.2 Report of work done in 2007 ................................................................................... 235 1.6.1.3 Changes underway ................................................................................................... 235 16.2  Evaluation ............................................................................................................... 235 
17  EUROSTAT............................................................................................................. 236 17.1  Current position....................................................................................................... 23 6 
17.1.1 Report of work done in 2007 ................................................................................... 236 18  PERSONNEL AND ADMINISTRATION.............................................................. 237 18.1  Current position....................................................................................................... 23 7 
18.1.1 Existing measures in force ....................................................................................... 237 18.1.2 Report of work done in 2007 ................................................................................... 237 
 
EN 14   EN 18.2  Changes underway .................................................................................................. 237 
19  BUDGET.................................................................................................................. 238  
19.1 Current position........................................................................................................ 23 8 
19.1.1 Existing measures in force ....................................................................................... 238 19.1.2 Report of work done in 2007 ................................................................................... 238 19.2  Changes underway .................................................................................................. 239 19.3  Evaluation ............................................................................................................... 240 
Annex I
 241 
List of measures in force and ot her relevant instruments referred to in the text of the document
............................................................................................................................... ... 241 
1. EMPLOYMENT, SOCIAL AFFAIRS AND EQUAL OPPORTUNITIES............ 241 1.1 Free movement of workers and coordina tion of social security schemes................ 241 
1.2 Labour Law .............................................................................................................. 241  
1.2.1 Working conditions.................................................................................................. 241 1.2.2 Information and consultation of workers ................................................................. 242 1.2.3 Protection of workers ............................................................................................... 243 1.2.4  Implementation and application reports.................................................................. 244 1.3 Health and safety at work......................................................................................... 244 
1.4 Anti-discrimination and gender equality.................................................................. 248 
1.4.1 Gender equality ........................................................................................................ 24 8 
1.4.2 Anti-discrimination .................................................................................................. 249 2 ENERGY and TRANSPORT .................................................................................. 249 2.1 List of measures in force.......................................................................................... 249 2.2 Legal basis for controlling the applica tion of the Community acquis on energy and 
transport.................................................................................................................... 25 0 
2.3 List of communication aiming at reporting on tasks related to the implementation of 
community law in energy and transport................................................................... 252 
2.4 Recently adopted measures due to enter into force which may require additional 
work.......................................................................................................................... 2 54 
2.5 New measures due to be adopted whic h may require specific implementation / 
transposition work.................................................................................................... 259 
3 TAXATION AND CUSTOMS UNION.................................................................. 261 
 
EN 15   EN 3.1 Customs.................................................................................................................... 261 
3.2 Indirect taxation ....................................................................................................... 262  
3.3 Direct taxation.......................................................................................................... 26 4 
4  HEALTH AND CONSUM ER PROTECTION...................................................... 265 
4.1  Food Safety .............................................................................................................. 2 65 
4.2 Public Health............................................................................................................ 27 3 
4.3 Consumers................................................................................................................ 27 4 
5 JUSTICE, FREEDOM AND SECURITY............................................................... 275 5.1 Fundamental rights................................................................................................... 275 5.2 Citizenship................................................................................................................ 275 
5.3 Data Protection......................................................................................................... 275  
5.4 Asylum and immigration.......................................................................................... 276 5.5 Borders and visas ..................................................................................................... 277 5.6 Judicial cooperation in civil matters ........................................................................ 279 5.7 Free movement of persons ....................................................................................... 281 5.8 Security ................................................................................................................... . 281 
 
EN 16   EN 1 ENTERPRISE  AND  INDUSTRY 
1.1 General introduction 
The Directorate General for Enterprise and Indus try (DG ENTR) is responsible for Articles 28 
to 30 of the EC Treaty on the free movement of  goods in the non-harmonised area and a large 
quantity of subordinate harmonising Community le gislation which is listed in. “The acquis of 
the European Union under the management of DG  Enterprise and Industry”. This publication, 
known as the “Pink Book”, is on the internet at- 
http://europa_eu.staging.entr.cec.eu.int/ent erprise/newapproach/pdf/pink_book_2007.pdf  
Generally speaking, the Community acquis for pr oducts is stable and effective, although the 
highly technical natu re of much of the legislation means that there is always considerable 
activity adapting it to technological progress.   However, very si gnificant changes are 
underway in these areas: automotive  (recast of framework for type approvals), chemicals  
(REACH), pharmaceuticals  (package dealing with future  strategy, pharmacovigilance, 
information for patients and counter feit medicines), medical devices  (recast of framework) 
and late payments  (revision in the context of  the Small Business Act). 
ENTR's considerable share of  the Community acquis covers  a wide variety of product 
domains, in relation to each of which are set ou t below a description of the current state of the 
legislation in force, details of any significant changes under way or planned and a general 
evaluation of the effectiven ess of regulatory framework in the domain concerned.  
Information is also provided about infringement  proceedings pursued in each product domain. 
Systematic assessment of the conformity of national implementing measures with EU rules is 
done in some sectors (e.g. chemicals, textiles a nd clothing) but not in all.  In some areas 
where it is not done routinely, the framework legislation is destined  to undergo a changeover 
from directives to regulations which, by virtue of their applicability, require a greatly reduced 
effort to verify conformity.  Difficulties in obt aining translations of national texts submitted is 
one reason why systematic checkin g is not done.  In other sect ors, the precise and detailed 
nature of the legislation (particularly updates due to technical progress) le ad Member States to 
transpose by reference or by ‘copy and paste’ – in  these circumstances to devote resources to 
conformity checking would be wasteful. 
Non-communication cases and arti cle 228 EC cases are dealt with  as quickly as possible, 
given their automatic priority status under th e September Communicatio n. In accordance with 
the other criteria set out in the Septembe r Communication, in 2008/9 DG ENTR will give 
priority status to the following cases  
Non-harmonised area 
• The failure by a MS to notify national techni cal rules in draft unde r Directive 98/34/EC. 
Such failure renders the rules liab le to be declared null and void. 
• Breaches of Articles 28-30 EC raising horizont al questions about the functioning of the 
market. 
 
EN 17   EN Harmonised area  
Breaches of key provisions or strategic obj ectives of directives, in particular, new  legislation 
is adopted solely in response to a clear ne ed to correct/enhance market performance by 
regulatory action; its enforcemen t should be commensurate with the risk of failing to achieve 
the desired effect. 
1.2 Automotive Industry 
1.2.1 Current position 
The vehicles covered by ENTR harmonized legisl ation are motor vehicles  and their trailers; 
two and three-wheel motor vehicles and (wheel ed) agricultural or forestry tractors. This 
legislation is designed to pr otect environmental and safety objectives while reducing the 
regulatory burden on industry and deals with a multitude of detailed technical specifications for different vehicle systems and components whic h are frequently modified to adapt them to 
technical progress.  
In relation to type-approval of vehicles, there are three main framework Directives: 
• Directive 70/156/EEC on the approximation of th e laws of the Member States relating to 
the type-approval of motor vehicles and their tr ailers (which is to be replaced by the new 
framework Directive 2007/ 46/EC adopted in 2007
1);  
• Directive 2002/24/EC relating to  the type-approval of two-or  three-wheel motor vehicles; 
and  
• Directive 2003/37/EC relating to th e type-approval of agricultural or forestry tractors, their 
trailers and interchangeable towed machinery, together with their systems, components and 
separate technical units.  
In addition to the framework Directives, separate regulatory acts lay down harmonized 
technical requirements for the ty pe-approval of individual pa rts and characteristics of a 
vehicle.  These acts have generally been adopt ed as Directives.  More recently, a change in 
regulatory approach has been in troduced which results in the adoption of a main act in the 
form of a Regulation laying down fundamental pr ovisions with the tec hnical specifications 
and administrative provisions for the type-a pproval contained in implementing measures 
adopted following comitology procedur es (a "split-level" approach). 
In relation to this sector, 54 infringement proceedings were launched during 2007. The vast 
majority of these (51) were based on th e non-communication of national measures 
transposing EC Directives (whi ch generally contained technical updates of the acquis). 48 
proceedings were closed after national implementation measures were communicated by the Member States concerned.  
                                                
 
1 Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the 
approval of motor vehicles and their trailers, and of systems, components and separate technical units 
intended for such vehicles (2007 OJ L 263, 9.10.2007, p.1).  
 
EN 18   EN Three other complaints were registered, two of  which were closed as there was no breach of 
Community law. The third compla int is still under examination. 
1.2.2 Changes underway 
Although a well understood legal framework exis ts, the acquis relati ng to the automotive 
sector is in constant evolution. In this rega rd, the direction of policy-making in the motor 
vehicle sector has been discussed by a High Le vel Group that brought together the main 
stakeholders (Member States, industry, NGOs and MEPs) and the recommendations were set 
out in the CARS 21 Communica tion published in February 2007.2 In line with the objectives 
of CARS 21, and with a view towards completi on of the internal market for the automotive 
sector, a recast Framework Dire ctive (2007/46/EC) for the type approval of motor vehicles 
was adopted. Member States have to transpose this Directive before 29 April 2009. From this 
date on the current Framework Directive 70/156/EEC will be repealed. 
Further legislative activity is taking place with a view to improving safety levels and 
environmental performance while safeguarding the functioning of the internal market within a 
more simplified and internationalized regulat ory environment. A significant development 
in 2007 was the adoption of a Regulation on ligh t duty vehicle emissions (Euro 5 and 6) and 
on access to vehicle repair and maintenance information.3  
During the first semester of 2008, a first readi ng agreement has been reached on the proposed 
Regulations on pedestrian protection4 and on type-approval of hydrogen powered vehicles5 
(political agreement). The legi slative process for the adoption of the Regulation on emissions 
from heavy-duty vehicles (Euro VI) and on access to vehicle repair and maintenance 
information6 is ongoing. In addition, a proposal for a Regulation concerning the type-approval 
requirements for the general safety of motor vehicles was published.7  
A mid-term review to take stock and mon itor progress made on the CARS 21 Communication 
is planned for 2008. For 2009 two new Framewor k Regulations recasting the type-approval 
legislation in relation to tw o and three-wheeled vehicles and tractors are planned.  
1.2.3 Evaluation 
The acquis in the automotive sector is subject to  frequent change in the light of technical 
developments.  The frequent adaptation of technical  legislation in this sector makes the use of 
correlation tables when transposing Directives particularly helpful.  However, the close 
cooperation between the Commission and Member St ates in the preparatio n of these measures 
means that significant problems regarding conform ity or bad-application are a relatively rare 
occurrence.  Indeed, in many cases, the technical nature of the legislation means that Member 
States frequently resort to transposing th e technical amendments by reference to the 
                                                 
2 Communication from the Commission to the European Parliament and to the Council, "A Competitive 
Automotive Regulatory Framework for the 21st Century", COM (2007) final, 7 February 2007. 
3 Regulation (EC) No. 715/2007 of the European Parliament and the Council on type approval of motor 
vehicles with respect to emissions from light passeng er and commercial vehicles (Euro 5 and 6) and on 
access to vehicle repair and maintenance info rmation (2007 OJ L 171 , 29.6.2007, p.1). 
4 COM (2007) 560 final, 3.10.2007. 
5 COM (2007) 593 final, 10.10.2007. 
6 COM (2007) 851 final, 21.12.2007. 
7  COM (2008) 316 final, 23.5.2008. 
 
EN 19   EN Community acts. This approach has been taken into account when preparing the new 
legislation in form of Regulat ions instead of Directives.  
Few complaints occur in this sector.  In many instances, formal proceedings are not opened as 
the facts do not demonstrate non-c onformity or bad application by the Member States of the 
harmonized legislation in this sector.  Instead, infringement proceedings are much more likely 
to be based on the non-communication of measur es fully transposing the Directive.  The 
number of these proceedings is likely to become  less important in the fu ture since preference 
will be given to Regulations. This strategy should increase overall efficiency in this area by lowering the overall numb er of infringement cases based on non- or late communication by 
Member States of transposition measures. Neve rtheless, the volume of legislation in this 
sector and the constant development of ne w technologies (and the corresponding adaption of 
legislation) mean that problems can always ar ise. In addition, it canno t be excluded that 
Member States might take measures, which risk compromising the harmonized approach 
contained in the Community acts.  In order to ensure the desired level of implementation of Community legislation, close cooperation between the Commission and Member State 
authorities should continue. 
1.3 Chemicals 
1.3.1 Dangerous substances and preparations 
Current position 
Directive 76/769/EEC was amended by Di rectives 2005/59/EC, 2005/69/EC, 2005/90/EC, 
2006/139/EC which had to be transposed by the end of 2006 or in 2007. In addition Directive 2006/8/EC modifying Directive 1999/45/EC had to be transposed on 1 March 2007.  
Regulation (EC) No 1907/2006 (REACH) will re place Directive 76/769/EEC on 1 June 2009. 
Until then, amendments to Directive 76/769/EEC will be enacted as Decisions instead of 
Directives which will reduce the number of texts to be transposed by Member States. 
However, checking the correct implementatio n of REACH by Member  States will be a 
priority.  
Approximately 30 infringement procedures for non-communication of national measures were 
opened, a few of which were still open at th e end of 2007. A number of cases were opened 
against Romania for non-communication of meas ures transposing Dir ective 76/769/EEC, as 
amended. These cases were closed after receipt of  the national measures.  A complaint filed in 
2005 about the implementation in the Netherla nds of Directive 2001/ 90/EC on creosote 
treated wood will be closed in 2008 as it tran spires that NL benefits from a specific 
derogation. 
 
At present, the transposition by Member States  of the Directive 76/769 /EEC as amended is 
generally good.  The volume of enquiries, mostly relating to recent amendments of the 
directive, has always been high but manageable. A FAQ feat ure appears on the Commission’s 
internet site providing answers to many potential enquirers.  It is difficu lt to predict accurately 
whether the situation will conti nue to be manageable when REACH replaces the Directive, as 
new restrictions will continue to be introduced, but the level of  enquiries is no t expected to 
increase radically.  
 
EN 20   EN 1.3.2 Fertilizers and detergents 
Over the past 2 years the unit has made the co rrect implementation of Regulations one of its 
priorities. In relation to the Fertilisers Regulation and the De tergents Regulation good results 
have been achieved with only one infringement procedure still open. 
1.3.3 Drug precursors 
After the Fertilisers Regulation and the Detergen ts Regulation, the main effort focused on the 
implementation by the Member States of Regulation (EC) No 273/2004 on drug precursors 
which came into force in 2005. Important work still needs to be done.  
Member States were reminded of their oblig ations to communicate the national measures 
necessary to ensure the smooth operation of the Regulation (mainly on sanctions). Analysis of 
Member States’ reactions showed that that th e Regulation was correctly implemented in 12 
Member States. The situation in 7 Member  States will become clearer by mid-2008.  
Infringements proceedings were opened agains t the remaining 8 Member States which had 
failed to adopt implementing measures imposing sanctions for contravention of the 
Regulation. Some had also failed  to repeal national legislati on transposing directives which 
have been replaced by the Regulation. It is expected  that the majority of cases will be resolved 
before the end of 2008. However, in some cases  it will be 2009 before the Regulation is 
operating properly, where the Member States have  not begun the legislative process to repeal 
otiose or conflicting national law and adopt implementing measures. 
1.3.4 Good laboratory practice 
Infringement proceedings against Latvia an d Lithuania for incorrect implementation of 
Directives 2004/10/EC and Di rective 2004/9/EC on Good Labor atory Practice (GLP) were 
closed when those countries show ed progress in setting up author ities to verify GLP. A case 
against Spain was also closed afte r the nomination of an authority.  
The Directives on GLP are now implemented in  all Member States with the exception of 
Luxembourg.  Infringement proceedings against Luxembourg have been lodged before the Court of Justice (case C-2008/095). 
1.3.5 Evaluation for chemicals sector 
In keeping with the Commission’s policy of prev enting infringement pr oceedings by offering 
upstream assistance to Member States, discussions between the Commission and the Member States have already begun on the transposition of Direc tive 2007/23/EC on pyrotechnic 
articles which is due to be completed by 4 January 2010. 
For most of the legislation in the chemicals se ctor, lists of frequent ly asked questions are 
published on the Commission’s internet site in order to provide all operators with access to 
questions posed in the past  and the replies provided. 
Generally, the number of complaints remains low.  It is difficult to forecast the number of 
complaints in the future but it is not expected to increase greatly.  
One petition was received concerning the cerami c fibres used in car catalysts (ref 2006/90). 
 
EN 21   EN Conformity assessment in the chemicals sect or is done systematically making use of a 
framework contract under which consultants anal yse the transposition of certain directives by 
the Member States. 
1.4 Pharmaceuticals 
1.4.1 Current position 
In the pharmaceutical sector, the main m easures monitored by the Commission are: 
Regulation (EC) No 726/2004, laying down Commun ity procedures for the authorisation and 
supervision of medicinal products for human a nd veterinary use and es tablishing a European 
Medicines Agency (EMEA). 
Directive 2001/83/EC on the Community code rela ting to medicinal products for human use. 
Directive 2001/20/EC of the Eu ropean Parliament and of th e Council on clinical trials, 
complemented by Commission Directives 2003/94/EC and 2005/28/EC; and, for orphan 
medicinal products, Regulation (EC) No  141/2000 on orphan medicinal products, 
complemented by Commission Regulation (EC) No 847/2000. 
Directive 2001/82/EC on the Co mmunity code relating to ve terinary medicinal products. 
Regulation (EEC) 2377/90 on maximum residue limits  of veterinary medicinal products in 
foodstuffs of animal origin. 
The Commission brought actions before the C ourt of Justice against the Czech Republic, 
Spain, France, Ireland and the Netherlands for non-communication  of measures implementing 
Directive 2004/24/EC amending, as regards herb al medicinal products, Directive 2001/83/EC. 
The cases against Ireland and the Netherlands were withdrawn from the court as complete 
implementation measures were communicated. In  the cases against the Czech Republic, Spain 
and France, the Court of Justice ruled that the Member States had failed to fulfil their obligations under the Directive. Afterwards , Spain communicated complete and final 
implementation measures, and consequently this case was closed by the Commission.  
In relation to Directive 2004/27/EC amending Directive 2001/83/EC on the Community code 
relating to medicinal products for human use,  the Commission brought actions before the 
Court of Justice against the Czech Republic , Spain, Ireland and the Netherlands for non-
communication  of national measures. The cases against Ireland, Spain and the Netherlands 
were withdrawn form the court as complete im plementation measures were communicated. In 
the case against the Czech Repub lic, the Court of Justice ruled that the Member State had 
failed to fulfil its obliga tions under the Directive. 
In relation to Directive 2004/28/ EC, amending Directive 2001/82/ EC on the Community code 
relating to veterinary medicina l products, the Commission brought actions before the Court of 
Justice against the Czech Repub lic, France and Portugal for non-communication  of 
transposition measures. As the Czech Rep ublic communicated national transposition 
measures on Directive 2004/28/EC, the Commission decided to withdraw this case from the 
court. In the cases against France and Portugal,  the Court of Justice ruled that the Member 
States had failed to fulfil their obligations under th at Directive. 
 
EN 22   EN In relation to Directive 2005/28/EC laying down principles and detailed guidelines for good 
clinical practice as regards investigational me dicinal products for human use, as well as the 
requirements for authorisation of the manuf acturing or importation of such products, the 
Commission brought actions before  the Court of Justice agains t the Czech Repub lic and Italy 
for non-communication  of transposition measures. The case  against Italy was withdrawn from 
the Court as complete implementation measures were communicated. In the case against the Czech Republic, the Court of Justice ruled that  the Member State had failed to fulfil its 
obligations under the Directive.  
In 2007, the Commission continued to use preventive techniques  to ensure the correct 
application and coherent implemen tation of the pharmaceutical acquis. 
The following working parties deal with the general interpre tation of European 
pharmaceutical legislation, in preparation for its transposition and implementation by the 
Member States: 
– the Pharmaceutical Committee whic h met in May and December 2007, 
– the Veterinary Pharmaceutical Committee which met in March 2007, and 
– the “Notice to applicants” group, which met three times in 2007 and examined 
different chapters of the guidelines interpreting requi rements for applications 
for marketing authorisation. 
Furthermore, the Commission continued to work  intensively with Member States in the 
course of 2007 to ensure coherent implementatio n of the Community rules on clinical trials as 
set out in Directive 2001/20/ EC, complemented by Commissi on Directives 2003/94/EC and 
2005/28/EC. Co-operation was main ly channelled into the ‘ Ad hoc group for the development 
of implementing guidelines for Directive 2001/20/EC relating to  good clinical practice in the 
conduct of clinical trials on medicinal products for human use. ’ 
This ‘Ad hoc group’ is composed of repres entatives of the Member States’ Competent 
Authorities and the European Medicines Ag ency and is chaired by the Commission (DG 
Enterprise and Industry). The task of the group is to develop the common implementing 
guidance necessary for uniform implementation of  the legislation in the Member States. In 
this area a joint conference of the European Commission and the European Medicines Agency 
(EMEA) was held on 3 October 2007 to discuss th e current legislation on clinical trials for 
medicinal products and its implem entation in the European Union. 
The Commission also took part in various foru ms, such as those organised by the European 
Medicines Agency or the Member States, to  present guidelines for the transposition and 
implementation of legislation. Notably, the Comm ission participated in the regular meetings 
of the heads of the national medicines agencies. 
 
EN 23   EN In the area of the pharmaceutical legisl ation, the Commission dealt with three petitions8.  
1.4.2 Changes underway 
Following the adoption of Regulation (EC) No 1394/2007 on advanced therapies, the 
Commission will have to enact a number of implementation measures. One of these is a revision of Part IV of Annex I to Direc tive 2001/83/EC, following a public consultation. 
A number of measures under the so-called “pha rmaceutical package” will be adopted in 2008-  
• a Commission Communicat ion on the future of the EU single market on pharmaceuticals, 
setting out vision, strategy and concrete acti on items to be planned for future years;  
• legislative proposals on pharmacovigilance, invo lving amendments to Regulation (EC) No 
726/2004 and Directive 2001/83/EC;  
• legislative proposals on information to pa tients involving amendments of Directive 
2001/83/EC and  
• a legislative proposal on counterfeit medici nes involving amendments of Directive 
2001/83/EC.  
In addition, the Commission “Variations  Regulations” (EC) No 1084/2003 and 1085/2003 
(comitology) will be modernised and a legislative proposal adopted to change the legal bases for these Regulations to Directives 2001/83/ EC and 2001/82/EC. All of these measures 
require further implementation and/or  transposition work in future. 
1.4.3 Evaluation 
The high volume of new legislation in the pha rmaceutical sector highlights the importance of 
dealing with non-communication cases as a pr iority. In addition, flagrant cases of non-
conformity and incorrect application are also de alt with as a matter of priority. For example, 
in the past, Member States have , after accession, allowed medici nal products to stay on their 
national markets even though they did not comply with the pharmaceutical acquis. 
The pharmaceutical sector is highly dynamic and subject to frequent ch ange. New legislative 
projects are planned for the years ahead which will continue to require close collaboration with Member States to ensure the correct a pplication of Community law. The working groups, 
                                                
 
8 (1) A call for the exemption of a particular cla ss of medicines for food-producing animals from the 
requirement of a veterinary prescription coming from  an association. The Co mmission informed the 
petitioner that his request fell into the competence of the Member State concerned.  
(2) An objection to the excessively small print used for instructions enclosed with medicines raised by 
an individual. The Commission informed the petitioner that his concerns were already addressed by an 
existing Commission guideline.  
(3) Concerns about the marketing authorisation of a medicinal product for the treatment of children 
expressed by an association. The Commission informed the petitioner that it had issued a decision 
which provided that the Member States should amend their national marketing authorisations on the 
basis of the scientific conclusions set out by the European Medicines Agency (EMEA). 
 
EN 24   EN expert meetings and committees described above will continue to prov ide a useful tool to 
ensure coherent implementation of the Community rules. 
1.5 The Transparency Directive 
In 2007, DG Enterprise and Industry continued to  verify the implementation of Directive 
89/105/EEC on the transparency of pharmaceutical pricing and reimbursement procedures in 
the Member States. In the investigation of complaints, emphasis was put on direct bilateral discussions with national authorities; this c ooperative approach enabled the resolution of 
several cases and better alignment with the pr ocedural requirements of  Directive 89/105/EEC. 
The Transparency Committee convened on two occasions (in March and November 2007) to discuss the application and interpretation of the directive with all Member States. 
Given the complexity of nationa l health insurance sy stems and their rapid evolution, it is 
expected that further monitoring will be nece ssary in 2008-2009 to ensure the transparency of 
pricing and reimbursement procedures in th e Member States. The Commission will give 
priority to infringement proceedings in cas es where national measures could lead to 
significant barriers to trad e in medicinal products. 
1.6 Medical devices 
1.6.1 Current position 
The medical devices sector is  regulated by three main directives; Directive 90/385/EEC 
relating to active implantable medical devi ces, Directive 93/42/EEC concerning medical 
devices, and Directive 98/79/EC on in vitro  diagnostic medical devices.  These directives have 
been subject to several subsequent modifica tions, the latest of which took place in 2007 
(Directive 2007/47/EC amending, among others , Directive 90/385/ EEC and Directive 
93/42/EEC). 
Transposition of directives regulating medical  devices does not create major problems. 
Cooperation with Member States in this contex t is satisfactory. In 2007, 13 infringement cases 
were opened for non-communication of trans position measures for Commission Directive 
2005/50/EC on the reclassification of hip, knee and shoulder joint replacements in the 
framework of Council Directive 93/42/EEC. Of these, 10 have been closed in 2008, whereas 
the other 3 are still open. 8 infringement proceed ings were also opened against Bulgaria in 
2007 for non-communication of the whole acquis  in the medical devices field. Those cases 
were also closed in 2008 when the missi ng texts were communicated. 4 additional 
infringement cases were opened in 2007 for non- conformity with, and incorrect application 
of, the medical devices directives . Those cases are still open.  
Conformity checking is carried out system atically. In 2007, Bulg arian and Romanian 
compliance with the medical devices acquis  was thoroughly checked. 
1.6.2 Changes underway 
Directive 2007/47/EC amending Directive 90/3 85/EEC and Directive 93/42/EEC, which was 
adopted in 2007, must be implemented by the Member States by 21 December 2008. Thus, in 
2009, communication and conformity of national meas ures transposing that Directive will be 
checked. Correlation tables are extremely helpful in  the performance of that  task, in particular 
 
EN 25   EN if the relevant provisions of th e Directive(s) are transposed by amendments of different legal 
acts of the Member States. 
Looking to the future, the Commission intends to recast the entire re gulatory framework for 
medical devices (Directives 90/385/EEC, 93/42/ EEC and 98/79/EC). The main objective of 
the recast is to produce a simpler and more easily-understandable regulatory environment 
which better ensures the efficient functioning of the internal market whilst guaranteeing a 
high level of safety for patients and users. The aim is to create a transparent system enabling 
citizens to be confident of the safety of medi cal devices. A public consultation is being carried 
out until 2 July, which will be followed by an impact assessment. A legislative proposal is 
expected in early 2009. 
1.6.3 Evaluation 
The present regime in the medical devices sector has produced ve ry good results and is 
continually adapted for a broad ra nge of products and issues in or der to ensure a high level of 
safety for patients, users and third parties. 
The sector has not experienced problems with  the new ‘partnership approach’ with the 
Member States  and complaints are dealt with without difficulty. 
Accordingly, the initiative to recast the acquis  does not derive from any obvious 
malfunctioning but rather from a desire to si mplify it in accordance wi th better regulation 
principles and to further improve safe ty standards and market performance. 
1.7 Cosmetics 
1.7.1 Current position 
The Cosmetics “acquis” consists mainly of Council Directive 76/768/EEC,  modified to take 
into consideration technical adaptations.  
In 2007, 6 directives adapting the Cosmetics Dire ctive to technical progr ess were adopted by 
the Commission, two of which had transposition deadlines in 2007 and 4 in 2008. After adoption of each Commission Dire ctive, the Commission sent a letter to each Member State 
reminding them of these deadlines and offeri ng help with transposition. Although it is 
standard practice to include an obligation on the Member States to prov ide correlation tables, 
this is not necessary for these directives becau se of the nature of th eir content (technical 
changes to annexes) and the fact that, when tr ansposing, Member States simply copy out that 
content.  
A basic communication check is performed for each national transposition measure 
transmitted (that the text submitted relates to cosmetic products, that the reference of the 
directive transposed is mentioned and that all of the substances concerned by the adaptation 
are mentioned). This basic check can be done  without asking translation of the texts 
communicated. The Commission launche d 24 infringement proceedings for non 
communication  of national transposition measures re lating to Commission directives 2006/65, 
2006/78, 2007/0001 and 2007/0017 on the adaptation to the technical progress of Council 
Directive 76/768/CEE on cosmetic products. 16 of  these proceedings were closed within the 
same year. 
 
EN 26   EN There were four meetings of the Standi ng Committee on Cosmetics Products. The agenda 
always included a point on the transposition of  directives and the current state of play. 
1.7.2 Changes underway 
The same type of legislative work is e nvisaged for 2008 and 2009. At the beginning of 2008, 
2 directives were adopted by th e Commission with transposition deadlines in 2008. This will 
mean checking the communication of at leas t 162 transposition te xts in 2008. Although the 
straightforward content of these directives means that this can be done with the human 
resources currently available, the situation is se t to improve in future with the proposal made 
by the Commission in February 2008 for a recast of  the Cosmetics Directive in the form of a 
Regulation. All future technical adaptations would then be effected by regulation which 
would lead to resources savings  in this area by removing the need for the communication 
check and lowering the number of conse quent infringement cases based on non-
communication of national transposition measures. 
1.7.3 Evaluation 
The acquis in this area will never be static due to its very nature – there is a constant need for 
technical adaptations and updates.  The precise  and detailed subject matter lends itself to 
management by regulation rather th an directive as it affords Memb er States little or no scope 
for interpretation or divergence.  The recast of th e principal legislation in the area in the form 
of a regulation will improve the efficiency with  which the internal market for cosmetics is 
run. 
1.8 Mechanical, electrical and telecommunications equipment 
1.8.1 Current position 
The Commission withdrew its proceedings agains t Ireland and Greece in relation to Directive 
2004/26/EC amending Directive 97/68/EC relati ng to measures against the emission of 
gaseous and particulate pollutants from internal  combustion engines to be installed in non-
road mobile machinery and to Directive 2002/88/EC amending directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the same type of 
emission. 
The Commission decided to close the procedur e against Greece following communication of 
the national transposing measures in relati on to Directive 2005/88/EC  amending Directive 
2000/14/CE and, for the same reason, the procedur e against Italy In re lation to Directive 
2004/108/EC 
The Commission closed a complaint against Portugal, on the grounds that there was no 
infringement of directive 2003/44/ EC amending Directive 94/25/EC 
In relation to Directive 2004/26/EC amending Directive 97/68/EC on the approximation of 
the laws of the Member States relating to measures against the emission of gaseous and 
particulate pollutants from intern al combustion engines to be installed in non-road mobile 
machinery, following communication of the nati onal transposition measures, the Commission 
withdrew its proceedings against Ireland and Greece. 
 
EN 27   EN In relation to Directive 2002/88/EC amending di rective 97/68/EC on the approximation of the 
laws of the Member States relating to m easures against the emission of gaseous and 
particulate pollutants from intern al combustion engines to be installed in non-road mobile 
machinery, following communication of the nati onal transposition measures, the Commission 
withdrew its proceedings against Ireland and Greece. 
In relation to Directive 2003/44/EC amending Directive 94/25/EC on the approximation of 
the laws, regulations and administrative prov isions of the Member States relating to 
recreational craft the Commission closed a comp laint against Portugal, on the grounds that 
there was no infringement of the directive. 
In relation to Directive 2005/88/ EC amending Directive 2000/14/ EC on the approximation of 
the laws of the Member States relating to th e noise emission in the environment by equipment 
for use outdoors, following communication of th e national transposing measures by Greece, 
the Commission decided to close the procedure.  
In relation to Directive 2004/108/ EC on the approximation of the laws of the Member States 
relating to electromagnetic co mpatibility and repealing Di rective 89/336/EEC, following 
communication of the national transposing m easures by Italy, the Commission decided to 
close the procedure.  
The only priority infringement case in the sect or is a non-communication case launched at the 
beginning of 2008 against Luxembourg in rela tion to Directive 2004/108/EC There are 
isolated complaints of incorrect application of  national rules implemen ting various directives 
in the sector but nothing to indicate that any particular directive requires attention. 
1.8.2 Changes underway 
Some directives may need to be revised fo llowing adoption of the Goods Package, in 
particular the Regulation setting out requireme nts for accreditation and market surveillance 
and the Decision on a common framewor k for the marketing of products. 
A proposal to amend the Machinery Directiv e (Directive 2006/42/EC) is expected to be 
adopted in the 3rd quarter of 2008. The aim is to in troduce environmental protection 
requirements for new machinery for pesticide a pplication. On the expiry of the deadline for 
transposing Directive 2006/42/EC on machinery,  and amending Directive 95/16/EC (29 June 
2008), some non-communication cases may arise. 
In the last quarter of 2009, Di rective 2005/88/EC on noise shoul d become a “New Approach” 
directive. This will simplify the operation of the directive, revise it s conformity assessment 
procedures and improve market surveillance. 
1.8.3  Evaluation 
Conformity assessment is not done systematically  but only in the event of a complaint, in 
which case an assessment is done for any Member State cited.  This approach is based on the 
lack of scope for Member States to depart from  the detailed and precise text of the directives 
(which are often transposed by refere nce or by the ‘copy and paste’ method). 
 
EN 28   EN The acquis  in this area is relatively long-standing  and well established, without much recent 
change or expected development. The number of problems arising is limited. The situation is 
stable, manageable and acceptable. 
1.9 Gas appliances, pressure equi pment and legal metrology 
1.9.1 Gas appliances 
1.9.1.1  Current position 
The gas appliances sector is covered by Dir ective 90/396/EEC on appliances burning gaseous 
fuels, one of the early New Approach Directives . It has the dual purpose of ensuring the free 
movement of gas appliances th rough technical harmonisation with  regard to hazards due to 
gas and of guaranteeing a high leve l of protection of th e public interest objectives referred to 
in Article 95(3) of the EC Treaty. It incl udes the definition of mandatory essential 
requirements and the setting up of mandatory  conformity assessment procedures. The 
Directive has been operational and functioning we ll for more than fifteen years. However, 
experience of its implementation, together with  technical advances and innovation, have led 
to an examination of the need for revision. 
Member States frequently notify safeguard clau ses for appliances that they consider non-
compliant with the Directive. There are also ofte n borderline issues with regard to aspects not 
harmonised but still under national regulations, such as different gases and their properties 
and the compatibility/suitability of the appliance with technical characteristics at the place of 
installation. 
A petition to the European Parliament (978/2005)  for alleged failure by Germany to comply 
with Directive 90/396/EEC was closed, as th ere were no elements demonstrating an 
infringement of EC law by the German authorities.  
1.9.1.2  Changes underway 
No changes are envisaged in the short term. 
1.9.1.3  Evaluation 
Implementation has been satisfactor y and the situation is stable. 
1.9.2 Pressure equipment 
1.9.2.1  Current position 
Pressure equipment, gas appliances and me trology are technically complex sectors. The 
pressure sector deals with protec tion of health and safety in re lation to risk of  pressure and 
covers equipment from simple pressure cookers to the largest chemical installations. Directives 87/404/EEC on simple pressure vesse ls and 97/23/EC on pressure equipment, 
cover the design, manufactur e and conformity assessment of such equipment. 
Directive 75/324/EEC, adapted to techni cal progress by Directive 2008/47/EC of 
 
EN 29   EN 8 April 20089, covers safety and labelling requirement s for aerosol dispensers. There are four 
directives on pressure ve ssels (framework directiv e 76/767/EEC and specific 
Directives 84/525/EEC, 84/526/EEC and 84/527/EEC on gas cylinders). 
One infringement procedure against Sweden  was closed, following modification of the 
Swedish provisions on refrigerati ng equipment. A letter of formal notice was sent to Spain for 
obstacles to the free movement of solar panels  and one reasoned opinion  was sent to Greece, 
for incorrect implementati on of Directive 97/23/EC. 
1.9.2.2  Changes underway 
The four Directives on pressure vessels are sc heduled for repeal in 2008, as this equipment 
now falls under Directive 1999/36/EC on transporta ble pressure equipment (administered by 
Directorate-General for Energy and Transport). 
1.9.2.3  Evaluation 
Implementation has been satisfactor y and the situation is stable. 
1.9.3 Legal metrology 
1.9.3.1  Current position 
Legal metrology  covers a wide field, including units of measurement and the metrological 
requirements that pre-packed products and meas uring instruments must satisfy before being 
placed on the market and put into service. 
The main Directives relating to the design and manufacture of meas uring instruments are 
Directives 71/316/EEC on comm on provisions for both measur ing instruments and methods 
of metrological control, 90/384/EEC on non-au tomatic weighing instruments and 2004/22/EC 
on measuring instruments. 
The sector of measuring instruments functions smoothly and the first year of application of 
Directive 2004/22/EC on measuring instruments (a pplicable as from 30 October 2006) did not 
reveal any major problems. Proceedings for non or partial communication against Germany, 
Greece, Italy, Luxembourg, Austria, Poland and Portugal were closed following communication of the national measures. 
With regard to pre-packed products, the main pieces of Commun ity legislation are 
Directives 75/106/EEC on pre-packaged liqui ds, 76/211/EEC relating to the making-up by 
weight or by volume of certain pre-packag ed products and 80/232/EEC on the ranges of 
nominal quantities and nominal capacitie s for certain pre-packaged products. 
Units of measurement are harmonised at Comm unity level by Directive 80/181/EEC on units 
of measurement. Directive 80/181/EEC creates a harmonized regulatory framework 
throughout the European Union in order to elim inate trade barriers between Member States. 
                                                
 
9 Directive 2008/47/EC amending, for the purposes  of adapting to techni cal progress, Directive 
75/324/EEC on the approximation of the laws of the Member States relating to aerosol dispensers (OJ L 
96, 9.4.2008, p.15).  
 
EN 30   EN In the light of a proposal to modify Di rective 80/181/EEC (see below), the Commission 
decided to close four complaints against th e United Kingdom, in the absence of a general 
practice of incorrect ap plication of the Directive by the au thorities of the United Kingdom and 
in the absence of obstacles to the application of  the EC Treaty principles, including the free 
movement of goods. 
1.9.3.2  Changes underway 
Commission Directive 2007/13/EC of 7 March 200710 modified Annex II of 
Directive 71/316/EEC to include the drawings of the distin guishing letters of some Member 
States used for the EC initial verification mark affixed on a measuring instrument and indicating that the latter conforms to the EC requirements. These drawings were not provided 
for in the Acts of Accession of Austria, Finland and Sweden, nor in the 2003 Act of 
Accession. Member States must trans pose this Directive by 10 March 2008. 
Directive 2007/45/EC of the Council and the European Parl iament of 5 September 2007, 
laying down rules on nominal quantities for pre-packed products, repealing Council 
Directives 75/106/EEC and 80/232/EEC and amending Council Directive 76/211/EEC
11, 
intends to liberalise nominal qua ntities of pre-packaged produc ts within European Union, in 
the line of the Court of Justi ce jurisprudence, with the exemp tion of wine and spirits, for 
which the nominal quantities will continue to be  defined at Community level. The Directive 
will become applicable as from 11 April 2009. 
On 10 September 2007, the Commission presented a proposal for a Directive of the European 
Parliament and of the Council amending Directive 80/181/EEC12, to allow the use of 
supplementary indications to le gal units of measurement on a pe rmanent basis, to adapt the 
Directive to technical progress and to allo w United Kingdom and Ireland, in line with the 
principle of subsidiarity, to continue the use of  the mile for road signs/speed indications, of 
the pint for milk in returnable bottles and fo r beer and cider on draught  and of the troy ounce 
for transactions in precious metals, as the ma intenance of these local and limited exemptions 
does not lead to barriers to the free circulation of products. 
In 2008, priority will be given to the timely transposition of Directives 2007/45, 2007/13/EC 
and 2008/47/EC and to the correct implementation of the Directives, which might result in 
new own initiative infringement cases. 
1.9.3.3  Evaluation 
Implementation has been satisfactor y and the situation is stable.  
                                                 
10 Commission Directive 2007/13/EC amending Annex II to Council Directive 71/316/EEC on the 
approximation of the laws of the Member States relating to common provisions for both measuring 
instruments and methods of metrological control (OJ L 73, 13.3.07, p.10). 
11 OJ L 247, 21.9.2007, p.17. 
12 Proposal for a Directive of the European Parliament and of the Council amending Council Directive 
80/181/EEC on the approximation of the laws of th e Member States relating to units of measurement 
(COM (2007)510 final).  
 
EN 31   EN 1.10 Construction products 
1.10.1  Current position 
Directive 89/106/EEC on construction products (the CPD) has not been amended recently, 
which has allowed for the steady development of its implementation within the Member States. Non-communication and conformity assessment issues are therefore not relevant. Harmonisation through European standards, referred to in the Official Journal, has proceeded 
continuously and conditions for bus inesses operating in this sector, either as manufacturers or 
users of construction products, have thus ex perienced stable progr ess during 2007. However, 
certain fundamental problems with the implementation of the CPD remain unsolved, resulting in different transpositions in the Memb er States which disrupts the market. 
Due to the complexity of cases and heavy work load, progress with infringement procedures 
has been difficult. Four cases were closed during 2007 leaving 11 active cases. Preparations 
are underway to close se veral of those cases. 
The standing committee established by the CPD ha s developed into the foremost channel of 
communication on construction matters both am ong the Member States and between them 
and the Commission. 
1.10.2  Changes underway 
The revision of the CPD was included in the Commission Legislative and Work Programme 
2007 as a proposal for a Regulation (“the CPR” ) with adoption by th e Commission scheduled 
for late 2007. In the event, adoption took pl ace on 23 May 2008 (COM(2008) 311 final). This 
allows for a first reading in the European Pa rliament before the 2009 elections with adoption 
during 2009. The new EC legislation replacing th e CPD could enter into force at the earliest 
in mid-2011. 
Infringement procedures (both current and futu re) should be viewed against this legislative 
backdrop. As one of the main reasons for the revision of the CPD was the confusion caused 
by different national implementing ru les, in particular as regard s the use of CE marking, there 
was a double incentive to clarify this matter - in the contexts of both the CPR and an ongoing 
infringement procedure against the UK. 
The main objectives of the CPR proposal - simplification, clarification and increased 
credibility - should all be seen as responses to  problems identified with the implementation of 
the CPD. These experiences also led to the choice of a regulation to replace the current 
directive, as the likely effectiv eness of the Regulation in achiev ing Internal Market objectives 
in the sector would be much higher. 
On the other hand, the CPR will not come into force within the coming two years 
(2008/2009). In the meantime efforts must be made  to deal with complaints more swiftly. 
Some will be fed into the Pilot Project, where the Member States involved are participating in 
this exercise. Contacts with all Member States will be intensified, with  a view to succeeding 
in the legislative process, which should also provide an opportunity for more informal 
attempts to convince Member States about ad justments needed in th eir current practices. 
 
EN 32   EN 1.10.3  Evaluation 
When assessing the future impact of our  action towards ensuring more efficient 
implementation of the CPD, during the ye ars 2008 and 2009, human resources will most 
probably be devoted more and more to the CPR legislative process,. Si nce the new legislation 
will not be in place during this period, we w ill continue to be confronted with legal 
uncertainties emanating from the current CPD and the consequent variatio ns in interpretations 
by the Member States. However, subject to these constraints, the intention is to significantly 
reduce the number of ongoing infringement cases and to deal with ne w cases considerably 
more speedily. Closer contacts with Member St ates will undoubtedly be of assistance in 
meeting these objectives. 
1.11 Textiles/clothing, footwear and wood 
In 2007 no complaints were lodged in relation to the legislation governing the placing of 
textiles/clothing, footwear or wood on the European market.  
1.11.1  Textiles and clothing  
1.11.1.1  Current position 
Textiles and clothing are regulated by Directiv e 96/74/EC on textile labe lling which has been 
adapted to technical progress four times  by Commission Directiv es 97/37/EC, 2004/34/EC, 
2006/3/EC and 2007/3/EC. Direc tives 96/73/EC (adapted to  technical progress by two 
Commission Directives 2006/2/ EC and 2007/4/EC) and 73/44/EEC  specify testing methods 
for sampling and analysis of fibre mixtures in  order to determine the conformity of the 
information supplied on a label in accordance wi th Directive 96/74/EC. Due to the technical 
nature of the textiles directives, the Committe e for directives relating to textile names and 
labelling (composed of experts from Member Stat es and other interested parties) assists the 
Commission in their adaptation to technical progre ss. A proposal to reca st Directive 96/74/EC 
in the form of a regulation was adopted by the Commission on 11 January 2008 [COM(2007) 
870 final]. Directive 96/73/EC was also adap ted to the new rules of comitology under the 
general alignment exercise [COM(2007) 741 final].  
The acquis  in textiles/clothi ng sector is not c onsidered problematic  (although national 
mandatory labelling requirements going beyond the scope of the labelling Directive (size, care 
instructions etc.) may create trade barriers pr ohibited under Article 28 EC which have given 
rise to several cases in recent years). Th ere are two infringement cases open for non-
communication in relation to the basic text iles Directive and several in relation to 
transposition of technical amendm ents of the basic textiles Directive. In some minor cases of 
incomplete compliance, the Member States concerned were contacted informally to bring about a realignment of national implementing ru les. This informal cooperation with Member 
States has proved effective in the resolution of problems.  
Conformity assessment is done and focuses on recent technical amendments and on a few 
remaining problems in some new Member States. Correlation tables, when provided, are very 
useful, particularly for the te sting methods Directives, due to  volume of text involved. In 
terms of preventive work, following the adoptio n of technical amendments in 2007, Member 
States were reminded of the deadlines  for transposition (2 February 2008).  
 
EN 33   EN In relation to amending Directives 2006/2/EC  and 2006/3/EC, for which the implementation 
deadlines were 6 and 9 January 2007 respectively, 19 infringement proceedings for non-communication were launched in April 2007. By the end of the year, 13 cases were closed and the 6 remaining cases were closed at the beginning of 2008.  
1.11.1.2  Changes underway  
In recent years, the number of requests fo r new fibre names has increased significantly, 
requiring frequent amendments to adapt EU le gislation to technical progress and the 
activation of national procedures in Member Stat es to provide for their transposition. Due to 
the lengthy and costly process of technical ad aptation of the textiles Directives (which 
introduce new fibre names and testing methods in  the form of Commission Directives) it is 
proposed that they be revised and replaced by a regulation whic h would simplify this process 
and provide a single directly applicable lega l instrument. The initiative (included in the 
Commission Legislative and Work  Programme for 2008) is being discussed in the Committee 
for Directives relating to textile  names and labelling. An extern al consultant is conducting a 
study which will form the basis of the impact a ssessment report. It is foreseen that a draft 
proposal for a new regulation will be adopted by the Commission in late 2008. 
1.11.1.3  Evaluation 
Regulation of the textiles and cl othing sectors is considered e ffective. Conformity assessment 
will continue. Priority will be given to foll owing up infringement cases launched at the 
beginning of 2008 for non-communication. 
Substantial legislative work will be devoted to preparing the impact assessment report for, and 
drafting, the proposed regulation replacing the textiles Directiv es.  This would simplify the 
management of the frequent adaptations to tech nical progress required in  the sector and lead 
to a more user-friendly regulatory framework for economic operators. 
1.11.2  Footwear 
In the footwear area, Directive 94/11/EC on th e labelling of materials used in consumer 
footwear does not pose any si gnificant implementation problems . Regulation of the footwear 
sector is considered effective. Unlike the clothi ng and textile area, it is not necessary to amend 
this legislation often in the light of techni cal developments. There is no committee work in 
this area. As a follow-up to the screening of the new Member States on accession (to ascertain 
whether promises made had b een kept) conformity assessme nts were carried out on the 
national implementing measures of five new Member States (Cyprus, Hungary, Lithuania, 
Latvia and Slovakia) where scr eening had shown that they c ontained minor discrepancies. 
Modifications to fully align national implem enting measures were proposed and it was not 
necessary to launch infringement proceedings in 2007. 
1.11.3  Wood 
In the wood sector, Council Directive 68/89/EE C on the approximation of the laws of the 
Member States concerning the classification of  wood in the rough was re pealed by Decision 
No 714/2007/EC of the European Parliament and of the Council of 20 June 2007. 
 
 
EN 34   EN 1.12 Cultural goods 
At the beginning of 2007, the Commission launc hed infringement procedures against 
Romania for  non- communication of national measures relati ng to directives 93/7/EEC, 
1996/100/EC and 2001/38/EC on the return of cu ltural objects unlawfully removed from the 
territory of a Member State. 
In order to improve the application of Di rectives on cultural goods , the Commission updated 
and published in the Official Journal the list of  national central authorities dealing with the 
Directives in the 27 Member States13. During 2007, the Commission continued to prepare for 
the codification of the Direct ives. The Commission also exam ined the consultant’s report 
prepared in the context of a st udy on the traceability of cult ural goods in the 12 new Member 
States. This study and the study of 2004 are available on the Internet at - 
http://ec.europa.eu/enterpri se/regulation/goods/dir937_fr.htm  
The acquis in this area is stable and produc es little in the way of correspondence or 
complaints. The codified directive should be a dopted in 2008 with a view to its coming into 
force during the course of 2009. 
1.13 Late payment 
Late payment impedes the development, competi tiveness and profitability  of SMEs and even 
endangers their survival, so tack ling the problem is a priority for the European Commission as 
part of the commitment to making the European Union an attractive place to do business. This 
is why Directive 2000/35/EC on combating late  payment in commercial transactions was 
adopted. 
Bulgaria transposed the Directive by acces sion. The Commission launched infringement 
proceedings for non communication  against Romania, which were closed in 2007.   
During 2007, the Commission continued to deal  with complaints including one on the non-
conformity  of national law in Spain. After sending  a reasoned opinion, th e Commission closed 
the proceedings because there was insufficient evidence of delays in ordinary civil court procedures to establish a breach of  the Directive. Other proceedings for non-conformity  
against Spain (case C-380/06) remained  before the Court of Justice.  
Complaints denouncing incorrect application  were closed after examin ation of the facts with 
the Member States concerned. In one of these complaints, the Commission concluded that the 
complaint derived from bad translation of a si ngle provision of the Hungarian version of the 
Directive. This problem was solved through inter-institutional co-operation. 
In two other cases (C-306/06, Deutsche Telekom  and C-265/07, Caffaro) the Court of Justice 
has been asked to give preliminary rulings .  A parliamentary que stion relating to the 
implementation of the Directive in Italy was presented during 2007. 
An external evaluation in 2007 showed that, although attitudes to late payments have 
changed, the Directive has actua lly had little impact on delays. In particular, SMEs appear 
                                                
 
13 O.J. C 136, 20 June 2007 
 
EN 35   EN reluctant to invoke the Directive. Furthermore, the overall lack of clarit y of the Directive and 
certain ambiguous and contradictory definitions  allow major companies to impose their own 
interpretation of its provisions on SMEs.  
Thus, the effectiveness of this part of the acqui s is hindered by a lack of awareness of its very 
existence or of enthusiasm to invoke it and by its  inadequate drafting.  Therefore, plans for the 
revision of the Directive will be made in the c ontext of the Small Business Act to be adopted 
during 2008.  New legislation will probably appear in 2009. 
1.14 Product liability 
Romania and Bulgaria had transposed this le gislation by the time of their accession. In the 
case of Bulgaria, national legisl ation incompatible with the €300 threshold was removed soon 
afterwards. 
In 2007 the Court of Justice e ffectively put an end to th e long standing debate on the 
harmonizing effects of Direct ive 85/374/EEC on product liabil ity with its judgment on the 
Danish transposition of this legislation. In  case C-327/05, Commission v Denmark, the Court 
held that the Directive had been incorrectly transposed into national law. The Danish authorities have already made the necessa ry amendments to their national law. 
The acquis in this area is now stable.  Du ring 2008, the management of Directive 85/374/EEC 
will focus on contacts with informal working groups (comprising stakeholders and national 
experts) that will monitor its operation. 
1.15 Non-harmonised area 
1.15.1  Current position 
Articles 28-30 EC ensure the easy cross-border exchange of goods within the Internal Market 
in areas that are not subj ect to harmonisation by Commun ity legislation. The Commission 
monitors the right appl ication of these rules and opens infringement procedures against 
Member States when necessary. 
In 2007 the Commission continued to  deal with complaints and infringement cases in various 
non-harmonised fields covered by Article 28-30 EC. The main area s are: parallel imports of 
medicinal and plant protection products, regist ration of vehicles, construction products and 
food supplements. Independent of sectors, toda y’s restrictions on the free movement of goods 
often relate to additional or more stringent requirements for products imposed in one Member 
States compared to another. Moreover, market access for imported products can be hampered by complicated and time-consuming administrative procedures. 
The majority of complaints (around 2/3) are brought by small and medium-sized enterprises. 
This confirms findings that in contrast to large ope rators who have been  very successful in 
benefiting from the opportunities of the single market, SMEs often find it fragmented and 
difficult to penetrate. 
In 2007 several infringement cases were closed following agreement between the 
Commission and the Member State concerned on solutions to the problems. Germany, for 
instance, facilitated the use of foreign tempor ary and professional plates for vehicles in 
Germany. An infringement case on the German  mandatory deposit system for one-way 
 
EN 36   EN beverage packaging was closed following improvements to the accessibility and transparency 
of the system. Italy amended it s legislation on parallel imports  for plant protection products, 
following criticism of the prev ious regulatory environment. 
However, in other cases it was not possible to reach agreement and several cases were 
referred to the European  Court of Justice: 
Against the Netherlands for requi ring prior authorisation for the seeding in Dutch waters of 
mussels and oysters originati ng from other Member States14; 
Against Luxembourg for obstacles to the regist ration of second-hand cars originating from 
other Member States, in particular the requireme nt to produce a recent (less than a month old) 
extract from the trade registry of the seller15;  
Against Germany for restricting de facto  the right to supply medi cines to hospitals to 
pharmacies established in close proximities16; 
Against Greece for banning certain  types of window films for cars17. 
In some judgements the Court of Justice c onfirmed the position taken by the Commission and 
thereby further clarified the scope of  Articles 28 to 30 of the EC Treaty: 
In case C-254/05, the Court decided that Belgia n legislation requiring that automatic fire 
detection systems, lawfully manufactured or mark eted in another Member State, conform with 
a Belgian standard and be subject to further approval by a national certification body 
(involving long and expensive test s or duplicating tests already performed in other member 
States) was contrary  to Article 28 EC.18 
In case C-297/05, the Court held that Dutch measures requiring the general condition of 
vehicles over three years old and previously registered in other Member States to be verified 
prior to registration in the Netherla nds violated articles 28 to 30 EC.19 
In case C-186/05, the Court found that Swedish legislation prohibiting private individuals 
from importing alcoholic beverages via in dependent intermediaries or professional 
transporters amounted to a quantitative restric tion on imports within th e meaning of Article 28 
EC. Such a measure is not justified under Artic le 30 EC on grounds of the protection of the 
health and life of humans as it is unsuitabl e for attaining the objective of limiting alcohol 
consumption generally and not proportionate to attaining the objective of protecting young 
persons against the harmful effects of such consumption.20  
                                                 
14 Case C-249/07, Commission v Netherlands, pending. 
15 Case C-286/07, Commission v Luxembourg, pending. 
16 Case C-141/07, Commission v Germany, pending. 
17 Case C-541/07, Commission v Greece, pending. 
18 Judgement of 7 June 2007, Case C-254//05, Commission v Belgium. 
19 Judgement of 20 September 2007, Case C-297/05, Commission v Netherlands. 
20 Judgement of 4 October 2007, C-186/05, Commission v Sweden. 
 
EN 37   EN In case C-319/05, the Court clarified the border line between food supplements and medicinal 
products, holding that Germany had contravene d Article 28 EC by cl assifying a garlic 
preparation in capsule form as a medicine and not a food supplement.21 
The Commission also reminded certain Member Stat es of their obligation to comply with the 
Court’s jurisprudence. Among others, Belgium and Greece were reminded to comply, respectively, with judgments C-254/05 (approv al procedure for fire extinguishers) and C-
65/05 (total ban on the installa tion and operation of all elect rical, electromechanical and 
electronic games). A case against Portugal was re ferred to the Court a second time (C-457/07) 
as the measures taken by Portugal to comply with the judgement and guarantee easy access of construction products manufactured in other Memb er States were considered unsatisfactory. 
The Commission continued to find pro-active so lutions outside or in  parallel with the 
infringement procedure under Article 226 EC  by using the SOLVIT problem-solving 
network, the preventive mechanism of Dir ective 98/34/EC (whereby Member States are 
obliged to notify the Commissi on of new national technical ru les at the draft stage) and 
‘package meetings’ organised with Member St ates to discuss a active complaints and 
infringement cases as well as  various horizontal issues. 
There are two ongoing infringeme nts subject to a petition. 
1.15.2  Changes underway 
In a move to strengthen the Internal Market  the Community legislat or, on 14 February 2007, 
the Commission adopted a proposal
22 to strengthen the so-called "principle of mutual 
recognition" in the non-harmonised area of goods. Th is proposal is one of the deliverables of 
the Internal Market Strategy for 2003-200623. Its main objective is to define the rights and 
obligations of both nati onal authorities and enterprises wish ing to sell in one Member State 
products lawfully marketed in another, when the competent au thorities of the Member State 
of destination intend to restrict the product in  accordance with national technical rules. In 
particular, the proposal concentrates on the burden of proof by setting out the procedural 
requirements for denying mutual recognition.  
Moreover, the proposal aims to re duce the risk fo r enterprises that thei r products will not be 
allowed access to the market of the Member State of destination and to enhance regular 
dialogue between competent authorities by establ ishing one or more "Product Contact Points" 
in each Member State. Their main task will be  to provide information on technical rules on 
products to enterprises and to th e competent authorities of othe r Member States and to supply 
the contact details of the latter. That will a llow public authorities to identify their colleagues 
in other Member States so that they can easil y obtain information from, and start a dialogue 
with, the competent authoritie s in other Member States.  
During the co-decision process, the positions of the three institutions converged towards a 
common understanding on all points in a first re ading agreement. The Council will adopt the 
                                                 
21 Judgement of 15 November 2007, C-319/05, Commission v Germany. 
22 Proposal for a Regulation of the European Parliament and of the Council laying down procedures 
relating to the application of certain national technical rules to products lawfully marketed in another 
Member State and repealing Deci sion 3052/95/EC, COM(2007)36. 
23 COM(2003)238. 
 
EN 38   EN proposal on 23 June 2008 and its signature is  scheduled for the plenary session of the 
Parliament in July. The regulation will enter into force in spring 2009. 
1.15.3  Evaluation 
As Articles 28-30 EC apply only to the non-ha rmonised area, their scope depends on the 
development of secondary Community legislatio n. The more harmonisation, the less scope for 
their application. Yet, Ar ticle 28 EC remains an essential lega l instrument in the evaluation of 
cross-border obstacles to trade.   
A further slight decrease in the number of ope n infringement cases was observed in 2007. The 
proposal on mutual recognition should create an environment which facilitates the free flow 
of goods throughout the EU and a consequence is e xpected to be a reducti on in the number of 
complaints about Member States incorrectly a pplying recognition procedures so as to deny 
access to their markets. 
1.16 Preventive rules of Directive 98/34/EC 
1.16.1  Current position 
In 2007, preventive action continued under Dire ctive 98/34/EC thro ugh the provision of 
information, advice, interpretation and guidan ce with regard to na tional draft technical 
regulations of the 27 Member States, the EFTA  countries and Turkey concerning products 
and Information Society Services. 
In 2007, fruitful collaboration between the Memb er States and the Commission took place on 
several levels. Firstly, two meetings of  the Committee on “Standards and Technical 
Regulations” took place to discuss current prob lems connected with the implementation of 
Directive 98/34/EC. These meetin gs not only play an importa nt role in supervising the 
operation of the 98/34 procedur e and in the examination of policy issues raised by the 
notifications, but also remind the Member States to notif y regularly to the Commission all 
their draft techni cal regulations. 
Secondly, seminars were held in Lithuania, Poland, Cyprus and Romania and Turkey on the 
operation of the notification procedure. The se minars were attended by representatives of 
national authorities and industry. In addition, the contact points of other EU Member States 
(Latvia, Lithuania, Slovenia and the Nether lands) attended the Cyprus seminar and the 
seminar in Poland was attended by the German and the Czech Republic contact points. 
These seminars are an excellent oppor tunity for the Commission to present 
Directive 98/34/EC as a key inst rument of the Internal Market , which prevents problems ex 
ante and avoids infringement procedures. Mo reover, the seminars strengthen relations 
between the Commission and representatives of the national authoritie s. The opportunity to 
present information about the obligation to notify national technical regulations and the notification procedure it self, as well as discussions and exchanges of views on all problems 
connected with the operation of the 98/ 34 procedure, are all very important. 
Thirdly, the Commission services  responsible for the Directive participated in a package 
meeting in Austria to discuss ongoing infringement cases.  
 
EN 39   EN As to the future, the figures for the first quar ter 2008 indicate that in  2008, too, a high number 
of notifications will be  received and acted upon. 
1.16.2  Changes underway 
There were 9 new complaints in 2007, all of them concerning  failures to notify national 
transposition measures under Di rective 98/34/EC and should b ecome priority cases in 2008. 
1.16.3  Evaluation 
The steady high number of not ifications (752) and reactions from the Commission 
(223) and the Member States (228) underl ines the importance of Directive 98/34/EC 
as a tool for the prevention of barriers to intra-Community trade - and for better regulation since it improves th e quality of national legisl ation. Its ex ante operation 
means that time-consuming and sometimes controversial infringement procedures 
can be avoided 
2 COMPETITION 
2.1 Overall introduction 
The situation in Directorate-General for Competition (DG COMP) (DG COMP) is 
characterized by a fairly stable acquis . The control of compliance with the Treaty provisions 
of Articles 81 – 89 EC generates work predominan tly vis-à-vis private un dertakings (antitrust, 
mergers) or with regard to State aid cases th at are dealt with in a separate procedure not 
covered by the annual report.  
The majority of State infringement cases (apart  from State aid) is concerned with the breach 
of Treaty provisions such as Article 86(1) EC  in conjunction with Articles 81/82 EC or 
Articles 3(g), 10 and 81/82 EC.  
2.1.1 Measures in force: 
The control of the transp osition of Directives is currently focused on   
• the Financial Transparency Directive in the fi eld of State aid (80/723/ EEC as subsequently 
amended) and its latest amendment (2005/81/EC); and  
• the field of electronic communications, partic ularly with regard to the Directive on 
competition in the markets for electronic co mmunications and services (2002/77/EC). 
Proceedings under Article 228 EC for failure of Member States to comply with decisions 
requiring the recovery of incompatible State aid, which represent but one component of the 
significant overall work related to recovery
24, are another noteworthy element of the 
infringement portfolio of DG COMP. 
                                                 
24  The decisions adopted by the Commission in 2007 required the recovery of € 189 million, the total 
amount of recovered illegal and incomp atible aid standing at  € 8.2 billion at the end of 2007. Where a 
Member State does not comply with  a decision requiring recovery the Commission may refer the matter 
to the ECJ direct in derogation from Article 226 EC pursuant to Article 88(2) EC. This document only 
 
EN 40   EN Work on these State infringement cases genera tes a fairly constant number of roughly 50 
pending infringement procedur es at any given time.  
2.1.2 Work done in 2007 
In 2007, the priority in competition policy in re lation to the State c onduct was addressing key 
issues to improve competition in the liberalized  network industries and in financial services, 
in particular non-discriminatory access to infr astructure, and full and proper transposition of 
legislation. Cases of non-compliance with Commission recovery decisions as well as 
secondary legislation in the fi eld of State aid were anothe r principal concern. The main 
infringement cases dealt with specifically  concerned continued monitoring of the 
transposition of the financial transparency  Directive (2005/81/EC ) and the Directive on 
competition in the markets for electronic communications (2002/77/EC) both of which are 
based on Article 86 EC. The Commission handled se veral complaints relating to Article 86 
EC in conjunction either with Article 82 EC, no tably in the energy sect or, or with internal 
market rules (Articles 43 and 49 EC) in relati on to financial servic es. As regards other 
individual cases, the Commission dealt with  complaints relating to Article 31 EC and 
investigated infringements of Article 21 of  the Merger Regulation concerning the energy 
sector. 
2.2 Financial Transparency Directive  
On 23 March 2007, the Commission sent a reasone d opinion to Slovenia which identified a 
number of substantial inconsistencies with Directive 80/723/EEC as amended. On 21 March 
2007, the Commission decided to refer Spain to the European Court of Justice for its failure to 
take the measures necessary in order to implement Commission Directive 2000/52/EC. Both 
cases could, however, be closed after these Me mber States had taken the necessary measures 
to completely and correctly implement the directives in question. 
On 7 November 2007, letters of formal notice were  sent to seven Member States for either 
their failure to notify to the Commission, w ithin the required deadline, the national 
transposition measures of Commission Dire ctive 2005/81/EC (Belgium, Denmark, Italy, 
Luxembourg, UK) or for their non-conform tran sposition measures (Slovakia, Latvia). 
Member States had to provide a reply to th e Commission's concerns by 7 January 2008. The 
replies submitted by Member States  are currently being analysed. 
While all late transposition is a problem, the indications received from Member States 
confirm that the completion of their work can gene rally be expected in th e near future and no 
serious problems are likely to result. The issues of non-confor mity so far identified do not 
give cause for serious concern and the current outlook for the correct and full application of 
the directive is good. 
2.3 Non-compliance with Commission decisi ons on the recovery of State aid  
On 19 July 2007, the Commission sent a letter of formal notice under Article 228(2) EC to 
Italy for failing to comply with a judgment of the ECJ25 condemning Italy for non-execution 
                                                                                                                                                         
covers proceedings under Article 228 EC that are in itiated where a Member Stat e still fails to recover 
incompatible State aid although the ECJ has already found that this failure constitutes an infringement.  
25  Judgment in case C-99/02 of 1 April 2004. 
 
EN 41   EN of the Commission's recovery decision regardin g employment aid. The key issue in this case 
is the effectiveness of recove ry procedures under Italian la w since although Italy has issued 
payment orders to the beneficiaries concerned th ese national procedures have still not led to 
successful recovery. The Commission is currently analyzing the reply of the Italian authorities 
and intends to take a decision as to  whether to send a reasoned opinion26. 
On 11 July 2007, the Commission issued a letter of  formal notice to Spain in relation to non-
compliance with the judgment of 14 December 200627 in which the ECJ had confirmed that 
Spain had failed to fulfil its obligations und er six Commission recovery decisions all 
concerning tax regimes in the Basque regions.     
The issue of effective recovery by Member States of illegal State aids is  central to the overall 
effectiveness of the EU State ai d policy and so the outcome of th ese proceedings is key to the 
effective application of Community law in the Member States concerned. These are therefore 
priority cases to which the Commission will c ontinue to pay close a ttention and report on 
progress.  
2.4 Electronic communications  
2.4.1 Current position 
The Commission has dealt with seve ral cases in the context of monitoring the transposition of 
EU Directives in this area, i.e. the Regulat ory Framework for Electronic Communications of 
200228 and in particular the "Com petition Directive" (2002/77/EC)29.  
In the area of digital broadcasting, the Commissi on sent a reasoned opinion to Italy on 18 July 
2007 for failure of compliance with the regulat ory framework for electronic communications 
due to the fact that Italian legislation regulating the switchover from analogue to digital 
terrestrial TV places unjustified restrictions on the provision of broadcasting transmission 
services and attributes unjustified advantages to incumbent analogue operators, thereby creating the risk of reinforcing their market power in the provis ion of digital TV broadcasting 
transmission services. The reas oned opinion in this case based on the complaint of an Italian 
consumer association ( Altroconsumo ) triggered a number of furt her enquiries and a complaint 
relating more generally to the Italian system  for awarding analogue TV frequencies.   
On 21 March 2007, the Commission decided to re fer a case against Greece under Article 228 
EC to the European Court of Justice for failure  to comply with a j udgment of 14 April 2005 
relating to the incomplete tr ansposition of Directive 2002/77/EC with regard to the 
liberalization of broadcasting services. Shortly thereafter Greece informed  the Commission of 
                                                
 
26  In fact, a reasoned opinion was sent on 1 February 2008. 
27  Joined cases C-485/03 to C-490/03). 
28 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common 
regulatory framework for electroni c communications networks and serv ices ("Framework Directive"), 
Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the 
authorisation of electronic communications networks  and services ("Authorisation Directive") and 
Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 ("Universal Service Directive"). 
29  Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic 
communication networks and services. 
 
EN 42   EN the adoption of a new law (Law on Media Concen tration) which ended the infringement by 
providing an authorization procedure for the provision of broadcasting services30. 
On 23 March 2007, the Commission addressed a reasoned opini on to the Czech Republic for 
having limited the powers of the Czech competition authority to apply Articles 81 and 82 EC to anti-competitive conduct in the electronic communications sect or in breach of Article 10 
EC in conjunction with Articles 5 and 35 of Re gulation 1/2003. After th e contested provision 
of the Czech Competition Act was repealed the case could be closed in June 2007. 
These are important examples of the kinds of issue normally arising out of the Commission 
monitoring of respect for competition rules of the kind the Commission would expect to have to continue to manage, which, wh ile they need to be pursued to a satisfactor y conclusion, do 
not present problems of a volume or nature as to give rise to wider or more systematic 
concerns. They illustrate, however, that cont inued Commission monitoring remains necessary 
beyond the transposition process of directives and that this may produce increasing workload. 
In the electronic communications sector th e Commission has prov ided replies to 46 
parliamentary questions and petitions. W ith regard to digital broadcasting the Altroconsumo 
case has raised particular external interest, incl uding that of the European Parliament, and has 
given rise to a number of enquiri es. Future enquiries and complain ts related to this case will 
be dealt with as a matter of priority.  
2.5 Financial services  
On 11 May 2007, the Commission adopted a decisi on on the basis of Article 86(3) EC finding 
that the exclusive rights for the distribution of certain savings book products (" livret A " and 
"livret bleu ") granted by France to three banks (Banque Postale,  Caisses d’Epargne and Crédit 
Mutuel) constituted an infringement of Article 86(1) EC in conjunction with the freedom of 
establishment and the freedom to provide servic es (Articles 43 and 49 EC ) due to the resulting 
obstacles for French and foreign competitors that  wish to enter into and develop the market 
for liquid savings in France. The decision requi res France to amend its legislation governing 
these rights within nine m onths. The Commission acknowledge d the general interest tasks 
associated with these savings books (financing of  social housing, universal accessibility of 
banking services) but considered the exclusive distribution rights for certain banks as not 
being necessary to achieve the general interest objectives. 
2.6 Energy sector  
On 7 March 2007, the Commission addressed a r easoned opinion to Spain for failure to 
comply with two decisions adopted by the Commission in 2006 finding that Spain had 
breached Article 21 of the Merger Regulation by subjecting, without prior communication to 
and approval of the Commission, E.ON's acquisition of Endesa  to a number of conditions 
incompatible with Community law and requiring  Spain to withdraw th ese conditions without 
delay. In the light of the refusal by Spain to  withdraw these decisions within the short 
deadline set in the reasoned opinion the Co mmission decided on 28 March 2007 to refer the 
case to the ECJ
31.  
                                                 
30  The case could therefore be  closed in January 2008. 
31  In its judgment handed down on 6 March 2008 (C-196/07) the ECJ confirmed the infringement. 
 
EN 43   EN In the course of 2007 the Commission continue d its investigation in  a case concerning the 
Greek lignite and electricity markets, following up on a supplementary letter of formal notice 
sent at the end of 2006. The competition issue of the case is whethe r Greece has infringed 
Article 86(1) EC in conjunction with Article 82  EC by maintaining a number of measures 
giving the State-owned electr icity incumbent Public Power Corporation (PPC) quasi-
exclusive exploitation rights for lignite, the cheapest available fuel in Greece and thereby 
enabling PPC to protect and reinforce its dominant position in the electricity market despite liberalization of the electricity generation and su pply market. It is intende d to adopt a decision 
in this case early in 2008
32. 
Both cases illustrate the central importance of ensuring that in  this priority policy area for the 
EU the liberalization of energy markets really transforms into fair competition on a level 
Europe-wide playing field and into tangible benefits for consumers. 
2.7 Overall evaluation 
Against the background of the relatively stable acquis33 and the relatively constant number of 
pending infringement cases not signalling any particular problem in the monitoring of 
compliance that would require urgent attention th ere is no reason to modify the priorities of 
Directorate-General for Competition with regard  to State infringements. As set out above, 
infringement proceedings concer ning the Financial Transparency Directive and the electronic 
communications sector have had considerable impact in terms of bringing about Member 
States' measures to bring their legislation into line with the acquis . 
Accordingly, the Annual Management Plan for 2 008 envisages infringement action, just as for 
the preceding year, mainly in relation to the liberalized network industries and financial 
services. The monitoring of the transposition of  the Financial Transparency Directive will be 
in the focus of our attention in 2008 and onwards. Decisions on th e basis of Article 86(3) EC 
and the pursuit of infringement procedures unde r Article 226 EC can be expected principally 
in the context of liberalized network industries,  specifically in the elec tronic communications 
and energy sectors. 
3 EMPLOYMENT,  SOCIAL  AFFAIRS  AND  EQUAL  OPPORTUNITIES 
3.1 Free movement of workers and coordina tion of social security schemes 
3.1.1 Current position 
3.1.1.1  Existing measures in force 
 For a list of the measures in force in that  sector please refer to Annex I paragraph 1 
                                                 
32 On 5 March 2008, the European Commission has adopted a Decision finding that Greece has infringed    
 Article 86 of the EC Treaty in combina tion with Article 82 by maintaining rights giving the state-owned          
 electricity incumbent Public Power Corporation (PPC ) quasi-exclusive access to lignite thus protecting
 PPC's dominant position in the electricity market. With this Decision, the Commission calls on Greece
 to propose and adopt remedies to ensure su fficient access to lignite by competitors of PPC.  
33 See point 2.1 above. 
 
EN 44   EN 3.1.1.2  Report of work done in 2007 
In the field of social security , a number of infringements deal  with benefits for disabled 
persons : in 2004, the Commissi on started infringement proce dures against Finland, the UK 
and Sweden as it takes the view that these benefits have been unj ustifiably qu alified as 
"special non-contributory benefits" by the co-legis lators in the framework of Regulation (EC) 
No 647/200534 and that these benefits are normal security benefits and therefore are 
exportable. These infringement procedures ar e still on-going. The Commission also lodged an 
annulment procedure based on Article 230 of th e EC Treaty concerning Regulation (EC) No 
647/2008 against the Council and the European Pa rliament (case C-299/05). In its judgement 
of 18 October 2007, the Court of ju stice stated that th e benefits concerned must be qualified 
as "social security benefits" and not as "speci al non-contributory benef its" as done by the co-
legislator and annulled Regulation (EC)  No 647/2005 regarding these benefits. 
As regards free movement of workers , half of the ongoing proced ures, due to an incorrect 
application of Articles 39 and 42 of the EC Treat y, concern issues linked to the public sector.  
Following the judgement of the Court of  Justice of 18 July 2006 in case C-119/0435, regarding 
the recognition of acquired rights  of former "lettori" in seve ral Italian universities, the 
Commission has received firm assurances from the Italian authorities that the national legislation governing employment conditions for former "lettori" in Italian universities is 
effectively applied. As a result, the Commissi on closed the infringement procedure against 
Italy in June 2007.  
In relation to the issue of the recognition of previous professional e xperience acquired in one 
Member State for the purpose of access to the public sector as well as for determining the 
professional advantages in another Member State, considerable progress was achieved; 
following judgments of the Court of Justice
36, the Commission closed two cases against Italy 
and Spain as the national rules had been corr ectly amended. Several other cases on this topic 
were closed.  
Several other cases in relation to employment in  the public sector (e.g. nationality condition; 
other aspects of access to posts) were closed after the national rule s had been correctly 
amended. 
Moreover, the Commission carried out a systematic  review of the legislation of all Member 
States following two prelimin ary judgments of the ECJ37 regarding the nationality condition 
for posts of master and chief mate of ships where the prerogatives of public authority are 
                                                 
34 Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005 
amending Council Regulations (EEC) No 1408/71 on the application of social security schemes to 
employed persons, to self employed persons and to members of their families moving within the 
Community and (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71, OJ L 117, 4.5.2005 
35 Rec. 2006, p. I-6885. In its judgment, the Court ruled that, even if Italy failed to fulfil its obligations 
under Article 228 of the Treaty by adopting the legislation at a very late stage of the procedure, the 
legislation itself was an appropriate solution for re -establishing the careers of the former lettori.  
36 Case C-278/03, Commission v. Italy  ECR [2005] I-03747 and case C-205/04 , Commission v. Spain  
ECR [2006] I-00031  
37 Case C-405/01 Colegio de Oficiales de la Marina Mercante Española ECR. [2003] I-10391 and C-47/02 
Anker and others, ECR [2003] I-10447 
 
EN 45   EN exercised by private sector workers. Out of  20 procedures opened on this issue in 2004, 13 
were still ongoing in 2007; the Commission decide d to refer 4 cases to the Court of Justice 
(Czech Republic, France38, Italy and Spain) and 6 cases were  closed after the national rules 
had been correctly amended.  
Furthermore, the Commission ensures a foll ow-up of preliminar y rulings in cases Gattoussi39 
and Burbaud40. 
Lastly, in the follow-up to two j udgments of the Court of Justice41 concerning the car 
registration tax in Denmark and in Finland im posed on company cars used by frontier workers 
resident in these two respect ive countries and working in another Member State, the 
infringements were closed42 after the national rules ha d been correctly amended.  
Other open procedures concern cases of direct or indirect discrimination of migrant workers 
(e.g. in relation to access to posts and to work ing conditions) and the issue of the application 
of free movement rules to sports activities.  
Petitions 
There are 25 open petitions before the Petition Committee. 21 are related to social security 
issues and the finalisation of  the contributions often requ ires correspondence with the 
petitioner and/or na tional authorities. 
3.1.2 Changes underway 
A Regulation implementing Regulation (EC) No 883/2004 on the coordination of social 
security systems should be adopted in 2009. It is  a priority for the Commission to finalise the 
work needed for the entry into application of that implementing Regulation given that the new 
simplified and modernised Regulation 883/2004 will ap ply on its date of entry into force.  
This proposal primarily aims at defining th e procedures for the implementation of the 
coordination rules laid down in Regulation 883/04. However, it is not a proposal for an 
"implementing" Regulation in the strict sense of the term, as the proposal contains several 
provisions of substance. This is due to the fact that when negotia ting Regulation 883/2004, 
several points were postponed to find a solution in the implementing Regulation.  
The Commission presented three other proposa ls for a Regulation in the framework of 
Regulation 883/04: 
(1) a proposal determining the content of A nnex XI of Regulation 883/04 (COM (2006)7) 
(2) a proposal modifying Regulation 883/2004 and its annexes (COM (2007)376) 
                                                 
38 The ECJ already rendered its judgment on 11 March 2008, case C-89/07. 
39 Case C-97/05 Gattoussi, ECR [2006] I-11917 
40 Case C- 285/01 Burbaud, ECR [2003] I-8219  
41 Case C-464/02 Commission v Denmark, ECR [2005] I-7929; Case C-232/03 Commission v Finland, 
ECR [2006] I-27 
42 The case against Denmark was actually  closed in the end of 2006.  
 
EN 46   EN (3) a proposal aiming at extending the provisi ons of Regulation 883/04 and its implementing 
Regulation to third country nationals who are not yet covered by these provisions solely on 
the ground of their nationa lity (COM(2007) 439). 
The new set of coordination rules will considerably modify the social security coordination 
system by modernising the system (extending the material scope to new branches of social 
security and by adapting the provision to new patterns of mobility) and by simplifying the procedures (electronic Europ ean Health Insurance Card). 
It will reduce the administrative burden by introducing a system of electronic exchange of 
data between social security institutions of th e Member States. The European citizens will 
directly benefit from this as the electronic  exchange of data between social security 
institutions will speed up decision-making proc ess for the actual calculation and payment of 
benefits to citizens who move around Europe. 
The objective is that the new syst em of coordination en ters into application as from 1 January 
2010. In order to realise this objective, the implementing Re gulation has to be adopted 
formally by the two co-legislators at the late st in June 2009. The EP will adopt during its 2008 
July session its first reading of the proposal s for an implementing Regulation, Annex XI and 
for modifying Regulation 883/2004. The Council Working Party will under the French 
Presidency finalise its examination of the pr oposals by discussing the remaining open issues.  
In 2008, the work devoted by the Commission to the preparation for the entry into application 
of Regulation 883/04 will involve:  
 
•  the organisation of the electronic excha nge of data. The implementation Regulation 
requires that the transmission of data between  institutions be carried out by electronic 
means under a common secure network. A fu nding of 3 million Euros was obtained 
from the IDABC ( Interoperable Delivery of European eGovernment Services to 
public Administrations, Business and Citizens) Community programme. The 
Commission launched an open call for tender on 10 June for the EESSI ( Electronic 
Exchange of Social Security Information) project. It is e nvisaged that this procedure 
will be concluded during 2008 with the Commissi on entering into a two year contract 
with the successful bidder for the deve lopment and implementation of the EESSI 
system.  
The EESSI system is an ambitious and unique  tool of e-administration and will enable 
31 countries to exchange electronically so cial security inform ation between their 
administrations thereby fulfilling the ultimate  aim of strengthening the protection of 
mobile citizens' social security rights. This  will in turn facilitate and speed up the 
decision-making process for the actual calcula tion and payment of benefits to citizens 
who move around Europe. 
•  the coordination of the necessary actions of the Administrative Commission on Social 
Security for Migrant Workers. The entry into  force of the new coordination rules also 
requires the adaptation of several in terpretative decisi ons adopted by the 
Administrative Commission on Social Security  of Migrant workers or the adoption of 
new interpretive decisions. The service coor dinates this task, which involves making 
an inventory of the existing d ecisions and drafting proposals. 
 
EN 47   EN 3.1.3 Evaluation 
In 2007, the service received for both sector s (free movement and social security 
coordination) an impressive num ber of letters and petitions of European ci tizens (around 
4000), approximately balanced between both s ectors. Globally, the volume of incoming 
queries and complaints is relatively stable. 
Social Security  
A majority of the letters from citizens in this field concerns a request for information on social 
security rights when moving within the EU, (e.g. determination of legislation applicable, 
sickness benefits, pension right s and family benefits).  
Other letters concern complaints of citizens alleging that national social security institution 
infringed their rights under community law (e.g. when calcu lating the amount of their pension 
or when refusing the reimbursement of health care or other benefits).  
In 2005, the Commission has put in place a system of filtering this lette rs in cooperation with 
the representatives of the Member States in th e Administrative Commis sion. According to this 
procedure, the Commission forwards the letter of  the citizens to the representative for further 
examination when it appears that  it concerns an individual case rather than a general wrong 
application of Community law an d subsequently informs the citizen that his/her letter has 
been forwarded to the national authorities conc erned. The national authorities then inform the 
citizen and the Commission about the outcome of  their investigation. This has led to a 
considerable reduction of  the registered complaints. Ther efore, in 2007, only 9 letters of 
citizens were registered as infringement proce dures, which is a very small part of the total 
amount of letters received. 
As regards infringement procedures, there are currently (June 2008)  20 ongoing infringement 
procedures in the field of social security.  
As Regulation 1408/71 only coordinates the nationa l social security schemes of the Member 
States, changes in national la w can affect considerably a nd in an unexpected way the 
workload of the social securi ty coordination sector, e.g. fo llowing the introduction of a new 
sickness insurance legislation in the Netherla nds, hundreds of letters  and petitions were 
received from Dutch pensioners who took the vi ew that this legislation was contrary to 
Community law, in particular Article 39 and Regulation 1408/71. 
Free movement of workers  
In the area of free movement of workers , citizens mostly ask about their right as migrant 
workers, access to posts, administrative formaliti es linked to the right of residence, family 
reunification rules, working conditions and access to social advantages. Some of these queries have a purely informative purpose while othe rs are complaint against discrimination or 
obstacles that the citizens have to face when moving around the EU. A number of 
encountered problems are due to national rules which are not in conformity with Community 
law and others are the result of incorr ect application of national rules.  
In the past, the majority of th e complaints concerned the issues  linked to the public sector in 
particular recruitment procedures or the l ack of recognition of previous professional 
experience for the purpose of access to posts or  determining working conditions. Due to the 
 
EN 48   EN Commission's focus on these problems43, it seems that currently the complaints related to 
these issues are less frequent.  
The issues, which, on the contrary, gained rece ntly importance both as information requests 
and complaints, are the following:  
• discrimination of migrant worker seafarers;  
• application of transitional measures for citizens of the "new" Member States;   
• languages requirements for access to posts,  
• difficulties with residence formalities due to  late or incorrect transposition of the 
Directive 2004/38/EC;  
• access to study grants for workers family members; 
• nationality discrimination of pr ofessional sportsmen/sportswoman. 
A big part of the correspondence exchange w ith the citizens is related to the ongoing 
infringement procedures aiming at informing the complainants about the progress and outcome of the cases. An increased interest can be also noted in access to documents linked to 
infringement procedures and in particular to the exchange of correspondence with the 
Member States. 
According to the latest figures (June 2008) there are 23 ongoing infringement procedures, 
which is much less than in the previous year s. An enormous progre ss was actually made in 
2007 in order to bring to a successful end many f iles initiated in the pa st – in total 22 files 
were closed throughout the year. It enables the team to work now more efficiently and in a 
focused manner on the remaining procedures. The obj ective is to be able  to deal with the 
infringement procedures within 3-4 years on the average. Howeve r, it is not always possible 
due to the complexity of the file or lengthy re forms at the national le vel. There are still 3 
procedures from 2002 and 3 files from 2003 pending. 
The law in this field has been stable - the ma in principles being esta blished by the Treaty of 
Rome and the secondary legislation adopted  in 1968. The Directive 2004/38/EC introduced 
some changes in the rules concerning the ri ght of residence especially by simplifying 
significantly the residence formalities. The legal framework seems to achieve its objectives as it is very generous for the citi zens and directly applicable (dir ectly applicable provisions of 
the Treaty and of Regulation 1612/68). However, the difficulty to control the application of 
law in this field is related to the fact that th e principle of non-discrimi nation is very broad and 
potentially concerns many different areas of life of the migrant worker. Therefore, the work is 
dependent on the nature of the new complaints  received - the infringement procedures are 
mainly initiated on the basis of the complaints and rather rarely on the initiative of the Commission.  
Nevertheless, the experience of horizontal exercises already described (captains' files and 
recognition of previous professi onal experience) proved to be ve ry successful. Member States 
are eager to recognise more easily the necessity to change their legislat ion if the procedures 
have been initiated against all States where the gi ven problem exists. Therefore, in future it is 
envisaged to identify such problems of a genera l nature and to launch systematic reviews of 
the legislations of Member States in the gi ven field. It would howev er require redirecting 
                                                
 
43 Infringement procedures in relation to the issue on  recognition of professional experience against all EU-15 
Member States concerned have led to vast reforms of applicable rules. 
 
EN 49   EN some of the other queries and co mplaints through different channe ls in order to be able to 
focus on effective management of the horizontal  procedures. The free movement sector is 
working on setting up a similar system of coop eration with the national experts as the one 
introduced in the field of social security. More over, citizens' requests co uld be dealt with by 
Europe Direct, SOLVIT or in the framework of  a closer and more informal cooperation with 
the Member States via EU pilot. 
Priorities  
The monitoring work presented above cannot be st rictly planned as it depends largely on the 
amount and type of complaints sent to th e Commission as well as on the willingness of 
cooperation of the Member States concerned (changing wrong practices)  and the speed of 
adoption of new national legislation.  
However, in order to set priorities, the importance of the file both from th e point of view of its 
political impact and negative consequences that the violation has for the complainant is taken 
into account. The problems which seem to be spr ead in several Member States are also given 
priority.  
3.2 Labour Law 
3.2.1 Current position 
3.2.1.1  Existing measures in force 
At present, in the area of labour law, the deadlin e for transposition has expired for all 
directives in force, with the exception of one, i.e. Directive 2005/47/EC on working 
conditions of mobile workers engaged in intero perable cross-border services in the railway 
sector, for which the transposition deadline will expire by 27 July 2008.  
The Directives applicable in the area of labour law cover a variety of issues and subjects, such 
as collective redundancies, European Works Council, information and consultation of employees, posting of workers in the context of  the provision of services, fixed term work, 
transfer of undertakings, employer insolven cy, protection of young people at work, and 
working time.  
For a list of the measures in force in that sector please refer to Annex I paragraph 1.2 
3.2.1.2  Report of work done in 2007 
The overall number of outstanding infringe ment procedures for non communication and non 
conformity has decreased by 10 % since the be ginning of 2007. The total number of 
outstanding infringements is currently 77 (including those related to the consequences of the 
SIMAP-Jaeger Judgments
44). The decrease is mainly due to  the closing of a number of non-
communication cases. 
With regard to the non communication cases, the infringement proceedings against Member 
States which had failed to notify the national measures trans posing Directives 2000/34/EC, 
                                                 
44 Judgment of 3.10.2000 in case C-303/98 and judgment of 9.09.2003 in case C-151/02 
 
EN 50   EN amending Council Directive 93/104/EC, concerni ng certain aspects of the organisation of 
working time to cover sectors and activities excluded from that Directive and 2002/14/EC, 
establishing a general framework for informin g and consulting employees in the European 
Community, continued. With regard to Direc tive 2000/34/EC, the proceedings against France, 
continued under Article 228 EC  following the judgment from the Court of Justice45 could be 
closed following adoption of the necessary measures. As far as Directive 2002/14/EC is concerned, the proceedings for l ack of notification of  the necessary transposition measures by 
Greece
46, Spain47, Italy48 and Luxemburg49, were closed following adoption of the necessary 
transposition measures. The cas e against Belgium continues under Article 228 EC following 
the judgment from the Court of Justice50. However, the necessary legislation having been 
adopted recently, this case should be closed in the near future. 
As regards Directive 2002/74/EC, due for tr ansposition by 8 October 2005, infringement 
proceedings were initiated against Member States that had failed to notify the national 
transposition measures within the ti me limit. The cases against Spain51 and Luxemburg52 were 
referred to the Court of Justice, but were  closed following adop tion of the necessary 
transposition measures. The case against France continues unde r Article 228 of the EC Treaty 
following the judgment from the Court of Justice 53  
Regarding Directive 2003/72/CE due for tran sposition by 18 August 2006, the cases against 
Belgium54, Greece55 and Luxembourg56 were referred to the Court of Justice. 
With respect to Directive 2006/109/EC (adapta tion Directive 94/45/EC on the establishment 
of European Works Council following accessi on of Bulgaria and Romania), due for 
transposition by 1 January 2007, infringement  proceedings for non communication were 
launched against 13 Member States that had failed to take the necessary transposition measures within the required time limit. Most of these cases could however be closed (or are 
about to be closed) following the adop tion of the necessary national measures. 
As regards problems of non-conformity  of the national transposition measures of Directives in 
the area of labour law, a number of proceedings in progress continued. For example, in the case against Luxembourg for incorrect transp osition of Directive 96/71/EC ('posting of 
workers') referred to the Court of Justice
57, the Court recently re ndered its judgment and 
considered that the Luxembourg transposition measures concerne d did not constitute or could 
not rely on the 'public policy provisions' excepti on laid down in Article 3 paragraph 10 of the 
Directive. The case against France for incorrect and insufficient transposition of Directive 80/987/EEC, and in particular Ar ticle 8, continues. Furthermor e, regarding the incorrect 
                                                
 
45 Judgment 17.11.2005, case C-73/05 
46 Pending case C-381/06 
47 Pending case C-317/06 
48 Judgment of 1.03.2007, case C-327/06  
49 Pending case C-321/06  
50 Judgment 29.3.2007, C-320/06 
51 Judgment 29.11.2007, C-6/07 
52 Pending case C-10/07 
53 Judgment 27.9.2007, C-9/07 
54 Pending case C-092/08 
55 Pending case C-082/08 
56 Pending case C-070/08 
57 Judgment 19.6.2008, case C-319/06, Commission vs Luxembourg. 
 
EN 51   EN transposition of Directive 93/104/EC ('working time'), the proceeding against United 
Kingdom58 under Article 228 of the EC Treaty was closed following the notification of 
national measures correctly transposing the Directive. 
It would, however, be misleading to reduce the monitoring activities to the number of 
outstanding infringement procedures.  
As regards the working time Directive , the Commission carried out an in-depth analysis of 
compliance in all Member States with the acquis , as resulting from the SIMAP-Jaeger case 
law59 re the qualification of on call time as working time. Such an alysis led in 2007 to pre-226 
letters being sent to nearly all Member Stat es. At the same time, during 2007, national reports 
were obtained from Member States and social pa rtners on application of  the Directive in each 
Member States. The results of services' analysis will be given in a Commission's forthcoming Report. 
Moreover, as regards the posting of workers Directive , an extensive monitoring exercise was 
carried out in 2006 and 2007 about application measures , including controls and 
administrative cooperation, the outcome of which was presented in the Commission's 
Communication of 13 June 2007 'Posting of work ers in the framework of the provision of 
services: maximising its benefits and potential  while guaranteeing the protection of workers'
60 
and a attached Staff Working Document61. Furthermore, on 3 April 2008, the Commission 
adopted a Recommendation on enhanced administrative cooperation in the context of posting 
of workers in the framework of the provision  of services62 as a first, concre te follow-up of the 
measures indicated in the June Communica tion. The Recommendati on calls on national 
governments to take urgent action to remedy s hortcomings in the implementation, application 
and enforcement of the legislation pertaining to  posting of workers thro ugh better cooperation 
between national administrations and improving access to information. 
Petitions 
There are 30 pending petitions before the Petitions Committee. 
3.2.2 Changes underway 
(1) Recently adopted measures which may require additional work 
(a) Stock staking studies on transposition, im plementation and application reports  
At the end of 2005, a series of studies were co mmissioned with a view to taking stock of the 
state of play regarding the transposition and application in the national legal orders of the Member States of all 21 labour law directives. Th e final output of this major exercise consists 
in a series of reports, please find the lis t of these reports in Annex I paragraph 1.2.4. 
The contents of these reports have in the mean time started to be used in recently published 
implementation reports. That is the case of a Communication on the review of the application 
                                                
 
58 Judgment of 7.9.2006, case C-484/04 
59 Judgment of 3.10.2000 in case C-303/98 and judgment of 9.09.2003 in case C-151/02 
60 COM (2007) 304 final 
61 SEC (2007) 747 
62 OJ 2008 C85/1, 4.4.2008; see also corrigendum OJ C89/18 of 10.4.2008 
 
EN 52   EN of Directive 2002/14/EC (information and consultation of workers) in the EU63, and an 
accompanying Staff Working Document64. Thus, the analysis has enabled the Commission to 
identify a number of outstanding issues where co rrect and full transposition of the Directive's 
requirements by Member States may be at st ake, necessitating further clarification or 
verification. These issues raise either questions of interpretati on of the Directive or doubts as 
regards the compliance of implementing measures  with the Directive. As indicated in the 
implementation report, the Commission intends to  examine such issues more closely in co-
operation with the national authoritie s of the Member States concerned.65 
Also, the implementation of Article 8 and re lated provisions of Directive 80/987/EC 
('employer's insolvency') was exam ined in a Staff Working Document66. Most Member States 
having in place specific measures aimed at meeti ng the requirements of Article 8 of Directive 
80/987/EEC, the results of the examination and anal ysis revealed nevertheless that, in certain 
cases, issues can be raised as regards the extent to which some of these measures are sufficient 
to protect the interests of employees and retired persons in the event of insolvency of the employer. Further investigation is therefore needed in order to address the following issues: 
•  how to protect employees and retired pe rsons against the risk of under-funding of 
the pension schemes, and to what extent;  
•  how to guarantee any unpaid contri butions to the pension schemes;  
•  how to deal with cases where the supplementary pensions scheme is managed by 
the employer himself. 
It was announced that the Commission departments concerned intend to pursue this 
investigation by means of bilateral contacts w ith Member States, combined with a specific 
study to be conducted in cooperation with the main stakeholders. The Social Protection 
Committee, in particular, will also have to  be involved in such a study. Following the 
publication of a Staff Wo rking Document in 2006
67 concerning the implementation of 
Directive 99/71 on fixed-term wo rk by EU-15 countries, a new report this time concentrating 
on the EU10 countries is being prepared for adoption in 2008. 
(b) monitoring exercise developments in Member  States in the context of posting of 
workers  
In its Communication of 13 June 2007 'Posting of  workers in the framework of the provision 
of services: maximising its benefits and po tential while guaranteeing the protection of 
                                                 
63 COM (2008) 146 final, 17.3.2008 
64 SEC (2008) 334 
65  In addition, in its conclusions the Commission indicates that it intends to take further action aimed at 
facilitating correct enforcement of the Directive. Knowledge by management and labour of their 
respective rights and obligations in the area of information and consultation is an indispensable 
prerequisite for the full and effective exercise of these rights in the workpl ace. The Commission intends 
to undertake action geared to awareness-raising, as we ll as to promote exchange of best practices and to 
enhance capacity-building of all stakeholders, by way of seminars, training courses, studies and financial support for projects submitted by re presentatives of employers and employees. 
66  SEC (2008) 475 of 11 April 2008. 
67  SEC (2006) 1074, 11.8.2006. 
 
EN 53   EN workers'68 the Commission announced its intention to  launch, if necessary, infringements 
proceedings: 
– to ensure effective complia nce with the fundamental fr eedoms of the EC-Treaty, as 
interpreted by the ECJ, by those Member Stat es which impose administrative requirements 
and control measures considered incompatible with prevailing Community law, as well as  
– to ensure the conformity with Community law, as interpreted by the ECJ notably in the 
judgment "Vander Elst", with respect to thos e Member States which still require work 
permits and other conditions to posted third country nationals who are legally staying and 
are legally employed in another Member State. 
The responsible services of the Commission are finalising the inventory of issues to be 
tackled and the Member States concerned. This  may lead to the opening of infringement 
proceedings on the basis of Article 49 of the EC Treaty.  
(c) Transposition directive 2005/47 ('working time rail')  
Furthermore, Directive 2005/47/EC ('working conditions of mobile workers engaged in 
interoperable cross-border services in the railway  sector') was due to be transposed by 27 July 
2008. Sectoral Social Partners ar e currently discussing possible am endments to this Directive, 
which will most likely have implications on the transposition rate of a number of Member States. The number of infringement proce dures for non communication may thus increase 
considerably. 
(d) European network of legal experts in the field of labour law  
The recently created European Network of Labour Law experts prod uces quarterly flash-
reports providing information on recent key legal developments in the area of labour law, particularly in those areas that are most rele vant for the control of  EU legislation. This 
systematic reporting and monitoring of r ecent developments, carried out under Commission 
supervision allows the Commission services to  identify problems encount ered in the national 
legislation, its application and administrative practice, and to act in a preventive manner.  
(2)  New measures due to be adopt ed which may require specific 
implementation/ transposition work 
New implementation reports currently under prepar ation are expected to be adopted in 2008. 
Such reports may identify situations in Member States deserving further legal examination: Commission Reports on the implementation of  Directive 2001/86/EC (European Company), 
of Directive 94/33 (Young People at  Work) and of Directive 91/ 383/EC (Health and Safety of 
a-typical workers). 
Furthermore, the Commission services' overall report on the implementation of Directive 
2003/88 (working time) is being finalised. The exte nsive draft completed has been sent to the 
Member States for their observations of fact  (end of June 2008). Th e final report (which 
adoption is foreseen for second semester 2008) will then be transmitted to Council and 
European Parliament. 
                                                
 
68 COM (2008) 304 final 
 
EN 54   EN (3) Volume of enquiries, infr ingements work and petitions and prioritization 
among them 
A distinction must be made betw een two categories of activities: 
– The activity of control, focused on th e treatment of non-communication and non-
conformity cases raised by complaints or othe r means of information. This is expected to 
decline, as a result of the closing of "old  cases" and the clear re duction of legislative 
activity in this area since 2003. 
– The activity of control based on horizontal tr eatment of politically sensitive issues (the 
cases of working time –see above under 2.2) and the monitoring exercise in the context of posting of workers launched in 2006
69) as well as the outcome of  the cross-country studies 
launched with the aim of taking stock of tran sposition after 2004. This is  expected to take 
up an increasing amount of time, in recognition of the complex nature of the issues under 
consideration, and also of the extreme sens itivity and visibility of such issues.  
A prioritization is clearly needed, as the potenti al for the multiplication of infringement cases 
as a result of the application of the horizont al approach can be si gnificant. A preventive 
approach is preferable in order to deal with  most issues and the launching of infringements 
should be reserved for the most serious cases of non-conformity. The two issues referred to 
above – posting of workers and working time – em erge clearly as candid ates for a priority 
treatment. However, other matters may require so me degree of prioritisation. It is the case of 
failures in the implementation of the Directives on information and consultation of workers on 
fixed-term work (where a large number of complaints and petitions continue to be received) and on transfers of undertakings , especially but not exclusiv ely in those Member States 
having joined the EU after 2004. 
3.2.3 Evaluation 
As a result of the shift towards the new forms of control activity based on the horizontal 
approach and of the new legal monitoring tasks so far not directly leading to infringements 
(posting of workers, working time) the overall  workload has increased steadily. Also the 
workload for legal experts has increased as a consequence of the very significant increase in the number of replies to European Parliament and citizens' questions, which has followed the 
growing public and media attention given to labo ur law cases. In a situation characterised by a 
very heavy workload for the service concerned, combined with considerable fluctuations in 
available resources, in 2007, prio rity has been given to the close monitoring of so called 
article 228 proceedings and infringement proce dures for the non transposition of Directives. 
On the basis of the stock taking studies regard ing the transposition and application of labour 
law directives in the Member States as well as the implementation reports elaborated, the Commission is currently elaborating a comprehensive overall 'state of play'  summarising all 
outstanding issues which merit fu rther examination and investiga tion. This will possibly lead 
                                                
 
69  See Communication 'Guidance on the posting of workers in the framework of the provision of services, 
COM (2006) 159, 4 April 2006, and the accompanying services report SEC (2006) 439, as well as Communication 'Posting of workers in the framework of the provision of services: maximising its 
benefits and potential while guaranteeing the protection of workers', COM (2007) 304, 13 June 2007, 
and the accompanyi ng services report SEC (2007) 747. 
 
EN 55   EN to the launching of infringement procedures on a horizontal basis for at least some Directives. 
Furthermore, in a number of situations admini strative contacts will ha ve to be taken with 
national authorities in order to  clarify factual issues furthe r before being able to launch 
proceedings officially. 
It is expected that the launchi ng of these new procedures will risk increasing the workload 
considerably. A further prioritization may be necessary. 
3.3 Health and safety at work 
3.3.1 Current position 
3.3.1.1  Existing measures in force 
Health and safety at work is a very developed corpus of legislation in the field of employment 
and social affairs. Its application ov er the last 15 years contributed to, inter alia,  a substantial 
reduction of the accidents at work. 
For a list of the measures in force in that sector please refer to Annex I paragraph 1.3 
3.3.1.2  Report of work done in 2007 
It should be highlighted that the overall numb er of outstanding infringement proceedings for 
non communication and non conformity has decrease d, mainly due to the closing of a number 
of non-communication files. 
– Non-communication infringement cases:  
The infringement proceeding launched against Austria for failure to transpose Directive 
2001/45/EC on Safety and health  at work, work equipment,  was closed following the 
judgement of the Court of Ju stice in the Commission's favour  and the communication of the 
necessary transposition measures by Austri a. The infringement proceedings against 
Luxembourg, which had failed to notify the na tional measures transposing Directives 
2002/44/EC on the minimum health and safety requirements regardi ng the exposure of 
workers to vibration and 2003/ 10/EC on the minimum health and safety requirements 
regarding the exposure of workers to noise was closed further to the adoption of the necessary 
national measures. Even though the failure by both Austria and Germany to transpose 
Directive 2002/44/EC was referred to the Court of Justice, the cases were withdrawn after 
notification of the necessary transposition measur es. In the cases against Austria and Germany 
regarding the non-communication of the transp osition measures for Directive 2003/10/EC, a 
reasoned opinion was sent and th e cases was subsequently closed further to the adoption of 
the necessary national measures. In the context of the follo w-up of EU10 and EU2 
enlargement, a letter of formal  notice was also sent to Romania for failure to communicate 
national measures transposing Di rective 2003/10/EC. This infringe ment could be closed after 
notification of the appr opriate national measures. The proceedings against Estonia, France, 
Portugal and United Kingdom for failure to tr anspose Directive 2003/18/EC on the protection 
of workers from the risks related to exposure to asbestos at work  were also closed further to 
the sending of a reasoned opinion and to the communication of th e measures transposing that 
Directive into national law. The proceeding against Luxembourg for failure to transpose 
 
EN 56   EN Directive 2003/18/EC was referred to the Court of justice70 but the Commission decided to 
withdraw the case as the necessary national tr ansposition measures were notified. As for 
Austria's failure to transpose Directive 2003/18/EC, a reasoned opinion was sent and 
subsequently the decision was taken to re fer the case to the Court of Justice. 
The Commission sent 8 letters of formal notice for failure to notify in time measures to 
transpose Directive 2006/15/EC due for transposition on 1st September 2007 against Austria, 
Czech Republic, Germany, Denmark, Hungary, Italy, Luxembourg and United Kingdom.  
– Non-conformity infringement cases:  
As regards problems of non-conf ormity of the transposition of the framework directive 
89/391/EEC and of its individual directives, many proceedings in progress continued. For 
example, in the case against United Kingdom concerning the "as far as it is reasonably 
practicable" clause, the Court of Justi ce dismissed the action of the Commission71. In the case 
against Austria72, a letter of formal notice under Article 228 of the EC Treaty was sent since 
certain announced measures had not been no tified. These measures were subsequently 
notified and the case was closed. The proceeding against France73, concerning the application 
of the provisions of Directive 89/391/EEC to RATP and SNCF, continued. A letter of formal 
notice was sent to Poland for non-conformity of the transposition of certain provisions of the 
above mentioned Directive. 
In relation to individual di rectives, it should be mentione d that, as regards Directive 
92/57/EEC, the proceeding initiated against Italy74, concerning the incorrect transposition of 
the obligation to appoint one or more coordina tors for safety and health matters for any 
construction site on which more than one enterprise is present, followed its course before the Court of Justice. Similarly, the proceeding laun ched against Sweden followed its course. A 
letter of formal notice was sent to Denmark c oncerning the incorrect transposition of several 
provisions of this individual directive. 
The monitoring activitie s performed by the Commission in 2007 have not been limited to the 
infringements proceedings as the work on the anal ysis of the national legislation continued as 
well as technical meetings were held and pre- 226 letters were sent to numerous Member 
States. 
– EU10 and EU2 enlargement follow-on: 
During 2007, works continued as regards the follow-up of the EU10 and EU2 enlargements. 
The monitoring of the communication of the na tional measures transposing the health and 
safety at work directives as well as the pre liminary analysis of the contents of Directives 
89/391/EC, 89/654/EC and 89/655/EC in some Member  States resulted in  bilateral technical 
meetings or the sending of several administ rative letters to Hungary, Czech Republic and 
Romania requesting further information on some  transposition issues. This analysis also 
                                                
 
70 Case C-325/07 
71 Case C-127/05, judgment of 14 June 2007 
72 C-428/04 
73 Pending Case C-226/06 
74 Pending case C-504/06 
 
EN 57   EN resulted, in some cases, in the launching of  infringement proceedings either for non-
communication or non-conformity. 
Petitions 
There are 6 open petitions before the Petitions  Committee. The number is supposed to remain 
stable. In the area of health and safety at work, the petitions concern in general individual 
cases of application of EU directives that should be treated at national level. 
3.3.2 Changes underway 
(1) Recently adopted measures due to enter into  force which may require additional work 
Directive 2006/25/EC on optical radiation is due for transposition on 27 April 2010. A letter 
was sent to Member States recalling their oblig ations as regards its transposition. A meeting 
with representatives from the Member State aut horities responsible for the transposition of the 
directive will be organised and held during th e second semester 2009 with a view to having an 
exchange of views on the state of play and on any possible difficulties encountered.  
(2) New measures due to be adopted  which may require specific 
implementation/transposition work 
A Commission Directive establishing a third li st of indicative occ upational exposure limit 
values in implementation of  Council Directive 98/24/EC75 will probably be adopted during 
the last quarter of 2008.  
The envisaged Commission's proposal to m odify Directive 2000/54/EC which aims to 
improve the protection against need lestick injuries at the healthcare sector, will probably be 
adopted by the Commission in November 2008.  
Control of communication and control of conformity of national measures will therefore have 
to be carried out. 
(3) Volume of enquiries, compla ints, complaints, infringeme nts work and petitions, and 
prioritization among them: 
The Resolution of European Parliament of 15 January 2008 on the Health and Safety Strategy 
2007-201276 expressly requests to the Commission to intensify its works on the monitoring of 
the transposition of the health a nd safety at work directives.  
The analysis of the conformity of all the hea lth and safety at work directives should be 
indicated as a priority issue as an incorrect transposition could be a source of occupational 
accidents or diseases, with particular serious negative consequences in terms of human lives 
or physical integrity and/or important economic impact for the society and the concerned 
enterprises.  
                                                 
75 Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from 
the risks related to chemical agents at work. OJ L 131, 5.5.1998, p. 11 
76 Resolution 2007/2146 
 
EN 58   EN However, as the analysis of all provisions an d annexes of the health and safety at work 
directives is a highly time-consuming task requ iring highly specialised human resources (not 
only lawyers but also doctors, chemical engineers,  mines engineers, etc. ), a prioritisation was 
essential. 
Priority was given to the analysis of the conformity of the tran sposition of Framework 
directive 89/391/EEC, which esta blishes the main principles of prevention of occupational 
risks that apply to all sector s of activity. To continue thes e works as regards the correct 
transposition in the 12 new Memb er States will remain a priority for the Commission, which 
will launch infringement proceedings when necessary. 
The works on the analysis of the conform ity of Framework Directive 89/391/EEC are 
particularly complex and time-consuming due to  the high number of pieces of legislation 
communicated by Member States to the Commi ssion as implementing measures (eg. in some 
cases more than 70 separate measures). Another main priority for 2008 is given to the analysis of the conformity of 5 individua l directives related to the highe st risk sectors: construction 
(directive 92/57/EEC), maritime sector (dir ectives 92/29/EEC and 93/103/EC) and extractive 
industries (directives 92/91/EEC and 92/104/EEC). In particular, the first results of the on-
going analysis of the transposition of Directiv e 92/57/EEC lead in certain cases to meetings 
with the national authorities, pr e-226 letters and to the opening of a number of infringement 
proceedings, when necessary. It is in these sect ors of activity that occur the major part of 
occupational accidents in EU. A complete and co rrect transposition is a pre-condition for an 
effective application. 
These priorities are in line w ith the main objectives of th e Community Strategy 2007-2012 on 
Health and safety at Work
77 in particular those of reducing occupational accidents and 
diseases and guaranteeing the proper implementation of EU legislation. 
3.3.3 Evaluation 
Accidents at work and work-related ill health  are a heavy burden in social and economic 
terms, and action to improve health and safety standards at work offers  great potential gains 
not only to employers, but also to individuals an d society as a whole. The scale of the problem 
is illustrated by the number of accidents at  work. According to European Statistics on 
Accidents at Work (ESAW), about 4 million accide nts at work resulting in more than three 
days off work occurred in EU-15 in 2004. If ac cidents causing no absence from work or an 
absence of up to 3 days are added, the estimated total number rises to more than 6 million. In 
2004 there were about 4 400 fa tal accidents at work. 
The implementation of the EU directives in the fi eld of health and safety at work is bearing 
fruit at European level. Over the period 2000-2004, the rate of fatal accidents at work in the 
EU-15 has fallen by 17% while the rate of wor kplace accidents leading to  absences of more 
than three days has fallen by 20%.  
It is essential that the Community acquis  be implemented effectively in order to protect the 
lives and health of workers and ensure that th e companies operating within the large European 
market are placed on an equal footing. 
                                                 
77 COM(2007) 62 
 
EN 59   EN The difficulties to establish and follow a rigid prioritisation for the monitoring of EU 
directives should be highli ghted in the field of health and safety at work.  
On the one hand, Member States adopt continuously new legisla tion in the field of Directive 
89/391/EEC and its individual directives, requ esting the Commission to focus on these new 
changes that often are not officially communicated  to it. This makes the conformity analysis a 
never ending exercise. On the other hand, the dialogue established with the national 
administrations determines the follow-up a nd calendar of the procedure. Moreover, 
complaints, petitions, Parliament ary questions or mail from the citizens raise in certain cases 
non-conformity issues that need to be urgently  investigated, requestin g an adaptation of the 
work plan.   
The acquis  in the field of health and safety at work constantly needs to be up-dated or 
completed with a view to adapting it to new risks or to technical changes. Furthermore, the acquis  is subject to periodical reviews as regard s possibilities for simp lification (exercises 
"Molitor" (1995), "SLIM" (1996),  "Best" (1998), "B etter Regulation" (2002), "Administrative 
costs" (on-going), "SBA" (2008), etc). Major efforts of simplific ation have been deployed in 
the past in the particular area of health and safety at work (repealing of directives 80/1107, 
82/605 and 88/364 by directive 98/24, codification of directives "biological agents", 
"carcinogens agents" as well as the on-going works on "work equipment" and "asbestos", 
amendment of Directive 89/391 as regards the practical implementation reports). Moreover, 
the candidate countries are constantly being monitored and necessary assistance provided 
regarding the approximati on of laws with the EU acquis  in the area of health and safety at 
work.  
3.4 Anti-discrimination and gender equality 
3.4.1 Current position  
3.4.1.1  Existing measures in force 
For a list of the measures in force in that sector please refer to Annex I paragraph 1.4 
3.4.1.2  Report of work done in 2007 
Anti-discrimination 
All the Member States have now transposed  Directives 2000/43/EC and 2000/78/EC based on 
Article 13 EC. Nevertheless, infringement  proceedings remain open for incorrect 
transposition of these Directives.  
Concerning Directive 2000/43/EC, 17 Member St ates have received a reasoned opinion for 
incorrect transposition: Belgium, Denmark, Fr ance, Greece, Ireland, It aly, Portugal, Sweden, 
United Kingdom, Latvia, Lithuania, Poland, Esto nia, Slovenia, Slovakia, Czech Republic and 
Finland. A complementary letter of formal notic e has been sent to the Netherlands and Malta, 
while Austria and Germany have re ceived letters of formal notice. 
As far as Directive 2000/78/EC is concerned,  10 Member States have been sent reasoned 
opinions for incorrect transpos ition of the Direc tive (Czech Republic, Estonia, Finland, 
Greece, Hungary, Ireland, Italy, the Netherlands, Sweden and France). Three Member States 
have received complementary letters of formal notice (Latvia, Lithuania and United 
 
EN 60   EN Kingdom) and 9 have received letters of formal  notice: Denmark, Pola nd, Portugal, Slovakia, 
Spain, Malta, Belgium, Austria and Germany. 
In this field dealing with fundamental rights,  the Commission departments made a detailed 
monitoring of national laws. This might explai n the high number of infringement cases, 
together with other factors, in  particular the novelty of the legislation, the complexity of 
transposing complex notions (d irect and indirect discrimina tion, reasonable accommodation, 
etc.). 
It is expected that following the first two stag es of the infringement proceedings, the dialogue 
between the Member States and the Commission and the new texts of law adopted by certain 
Member States will allow the Commission to close a substantive number of cases and reduce the number of remaining grievances. 
Gender equality 
Nine Member States have been notified letters  of formal notice for non-communication of the 
national measures to transpose Directive 2004/ 113/EC into domestic law: Cyprus, Czech 
Republic, Greece, Ireland, Malta, Poland, Portugal, Romania and the United Kingdom. The case against Portugal will be closed in the ne ar future since this Member State has now 
notified national measures. 
As regards Directive 2002/73/EC, one infr ingement procedure for non communication 
remains open, against Belgium. Following the judg ment of the Court of Justice in case C-
340/07, Luxembourg has recently notified its national implementing measures.  
22 Member States have received letters of formal notice for incorrect transposition of 
Directive 2002/73/EC into their domestic law: Austria, Germa ny, Estonia, Finland, Poland, 
Lithuania, Czech Republic, Denmark, Ireland, Latvia, Slovakia, Slovenia, United Kingdom, 
Cyprus, Greece, France, Hungary, Italy, Port ugal, Sweden, Malta and the Netherlands. 
In this field dealing with fundamental rights,  the Commission departments made a detailed 
monitoring of national laws. This might again e xplain the high number of infringement cases, 
together with other factors, in particular the complexity of transposing complex notions. 
Also in that case, it is expected that followi ng the first two stages of the infringement 
proceedings, the dialogue between the Member States and the Commis sion and the new texts 
of law adopted by certain Member States wi ll allow the Commission to  close a substantive 
number of cases and reduce the number of remaining grievances. 
Finally, five Member States received letters of formal notice for incorrect transposition of 
Directive 96/34/EC: Malta, Latvia , Hungary, Cyprus and Estonia. 
There are no open cases under Article 228 of the EC Treaty. Nevertheless, following the 
expected judgment in case C-543/07 (Belgium) concerni ng Directive 2002/73/EC, an 
infringement procedure under Ar ticle 228 of the EC Treaty coul d be launched in the second 
half of 2008. 
Petitions 
There are 28 open petitions be fore the Petitions Committee. 
 
EN 61   EN 3.4.2 Changes underway 
(4) Recently adopted measures which may require additional work 
The deadline for transposition of  Directive 2004/113/EC implementing the principle of equal 
treatment between men and women in the access to and supply of goods and services, was 21 
December 2007. Its Article 16 states that th e Commission shall present a report on the 
practices of Member States concerning in surance. The Commission announced, during the 
negotiations in Council of this Directive, its intention to se t up a working group composed of 
representatives of Member States and stakehol ders. The group should st art working at the end 
of 2008 or beginning of 2009. 
Directive 2006/54/EC is due to be trans posed by 15 August 2008. The Network of Legal 
Experts on Gender Equality will be asked to de liver a report on the implementation of this 
Directive in all Member States. 
Since this Directive recasts several existing Dire ctives but does not introduce very significant 
substantial changes, it is expected that the monitoring will lead to only a small number of 
infringements.  
As far as gender equality is concerned, severa l legislative initiatives are included in the 
Commission's Legislative Work Programme fo r 2008: the review of the current legal 
framework on reconciliation of work and fam ily or private life (including Directives 
92/85/EEC and 96/34/EC), but also the review of Directive 86/613/EEC. At this stage, the 
content of the "reconciliation package" is not clear since it depe nds on the decision of 
European social partners to start formal negotiations on certain parts of the package. 
The effectiveness of the existing Community la w concerning the principle of equal pay for 
equal work or work of equal value is bein g analysed in 2008. If necessary, legislative 
proposals could be made in 2009, based on this analysis. 
(5) New measures due to be adopted which may require specific implementation/ 
transposition work 
The Commission should present in 2008 a pr oposal for a new Directive prohibiting 
discrimination on certain of the grounds listed in Article 13 ECT. 
Following the experience with th e previous two anti-discrimin ation Directives (2000/43/EC 
and 2000/78/EC), the Commission could envisage creating an expert group to manage the 
transposition of this Directive by Member states , in order to reduce, as  far as possible, the 
number of infringement proceedings. 
Since the new Directive will built on notions al ready existing in Directives 2000/43/EC and 
2000/78/EC and already transposed into national laws, the number of infringement cases for 
incorrect transposition of this Dire ctive can be expected to be low. 
(6) Volume of enquiries, infr ingements work and petitions and prioritization 
among them 
Since all the legal texts implement fundame ntal rights (gender equality and anti-
discrimination), it makes it very difficult to set priorities. On the other hand, the nature of the 
 
EN 62   EN legislation, as well as its innovative character  requires additional care when assessing its 
conformity. 
In the future, close cooperation with National Equa lity Bodies (which are already in place for 
gender and race) could allow a quicker handling of some complaints. Furthermore, Equality 
Bodies which contribute to a better application of Community  law in Member States could 
lead to a reduction of the number of complaints lodged by citizens with the Commission. 
The number of cases open is not expected to decrease, since the deadline for implementation 
of two Directives has just recently expired (Directive 2004/113/EC) or will expire in the 
coming months (Directive 2006/54 /EC). This will certainly lead to non-communication and 
non-conformity proceedings in the next future. 
It is therefore intended to organise the work according to the following order of priority: 
(a) Infringements for non-communication of national measures: The existing cases 
will be pursued, concerning Directiv es 2002/73/EC and 2004/113/EC. It is 
expected that some new cases for non-communication will have to be open 
during the second semester of 2008 concerning Directive 2006/54/EC. 
(b) Infringements for incorrect transpositi on of Directive 2002/73/EC: In view of 
the importance of this Dir ective, it will be consid ered a priority among the 
cases of incorrect transposition. The re asoned opinions will, when needed, be 
sent during the first semester 2008 and throughout the second semester 2008. 
(c) Infringements for incorrect transp osition of Directives 2000/43/EC and 
2000/78/EC: The follow-up of the procedures  concerning both Directives will 
be done mainly during the second half 2008 and the first half 2009. 
(d) Infringements for other Directives: Curre ntly, 25% of the infringement cases 
open do not concern one of the Directives  listed in the precedent priorities. 
Considering the workload a prioritisation on all these cases must be done. 
Petitions 
The management of petitions remains a priority, since petitions are an extremely valuable 
source of information concerning the implemen tation of Community law by Member States. 
Currently, 28 petitions remain open. It is exp ected that the number will remain stable or 
slightly increase, mainly as a consequence of  new legislative proposals which attract media 
attention. 
3.4.3 Evaluation 
Most of the legislation on gender equality has been in place for a long time. The most recent 
Directives amend a previous Directive (20 02/73/EC) or recasts different Directives 
(2006/54/EC). Directive 2004/113/EC  is a novelty following th e changes introduced by the 
Amsterdam Treaty, since it applies, for the first time, the principle of equal treatment in access to and provision of goods and services. 
 
EN 63   EN The legal framework on gender can be considered  stable and performing. This is an area 
where EU law was clearly the driver for action at national level. In the next future, the legislative initiatives envisaged will essent ially update and modernize the existing legal 
framework, with less substantial changes and therefore less infr ingement proceedings. On the 
other hand, it is expected that national Equality Bodies will contribute to a reduction of the 
number of complaints concerning this area of Community law. 
As far as anti-discrimination is concerned, the Commission ha s adopted a proposal for a new 
Directive on the 2
nd July 2008. Once adopted, the Directive will extend the protection outside 
employment for age, religion, se xual orientation and disability. 
Based on previous experience it is likely that this new legal text will require monitoring to 
ensure its transposition and conformity. The Commission will try to limit the number of 
infringement proceedings by the setting-up of a group of experts in order to discuss the 
implementation of the Directive by Member States. 
In general, it is expected that national Equity  Bodies will contribute  to a reduction of the 
number of complaints concerning this area of Community law. 
For the next future, the Commission intend to use extensively ways of problem resolution 
alternative to infringement proceedings (EU Pilot) but also external expertise (Equality Bodies, Network of Independent Legal Experts) . Together with the prioritisation set above, 
this should allow the management of a work load which is not expected to decrease. 
 
4 AGRICULTURE
 AND  RURAL  DEVELOPMENT 
4.1 Current position 
Since 1962 the Common Agricultural Policy (CAP) has established a comprehensive legal 
framework for European agricultur e aiming to achieve the objectiv es set out in the EC Treaty. 
As a fully integrated common po licy it replaces a significant am ount of national legislation. It 
has largely accomplished its objectives while alle viating the social im pact of agricultural 
restructuring. As a corollary, farmers and admini strations have to deal with a complex set of 
rules and measures contained in 2436 acts of sec ondary law currently in force. Most of those 
acts are Council or Commission Re gulations that are "binding in  their entirety and directly 
applicable in all Member Stat es" . Access to agricultural le gislation has been improved by 
developments in IT tools. All Community legi slation is now freely available via the EUR-Lex 
website. Consolidation and codification of legal texts both make the acquis more accessible to 
citizens and improve legal certainty. 
The CAP is unique in the extent to which it is regulated and financed at EU level. Its common 
approach, in particular, to the single market, makes it possible to guarantee th e functioning of 
an internal market of agricultural products. An  EU framework ensures that rural development 
programs are carried out under common rules w ithout creating unfair competitive advantages. 
Basic standards in the field, for example, of  organic farming and labelling are settled on a 
common basis. This requires r obust legislation, and effec tive financing and monitoring 
mechanisms to protect the public in terest and ensure  accountability.  
 
EN 64   EN Taking into account the significant volume of agricultural law a nd the 50 years history of the 
CAP (Stresa Conference dated July 1958), it may be  considered as a quite stable acquis that, 
on the one hand, is subjected to  frequent technical modifi cations under the comitology 
procedure, and to the other hand, undergoe s on a regular basis, much more profound 
modifications. The last one of these, the 2003 reform, brought about radical change to the 
CAP, especially its in come support policy. It established the single payment scheme where 
direct income support for farmers is largel y decoupled from prod uction and introduced 
mandatory cross-compliance obligations  (see Council Regulation (EC) No 1782/200378). It 
also established comprehensive common rules for direct support in most sectors.  
The policy is now divided into two pillars: th e first pillar consists of a framework for 
supporting the income of farmers through the payment of direct aid and a system for 
managing and supporting agricultural markets.  The second pillar of the CAP provides a 
framework to support the developm ent of rural areas of the Co mmunity. The first pillar is 
100% financed by the Community budget, whereas the second pill ar is co-fin anced between 
the Community budget and the Member St ates. Beginning on 1st January 2007 the 
programmes for rural development have been implemented on the basis of a new strategic 
planning model based on a Community framework positions and national strategic plans (see 
Council Regulation (EC) No 1698/200579 ). 
Since the 2007 financial year the financing of  the CAP is regulated by the Regulation N° 
1290/200580 , which introduced two distinct funds. Th e first pillar is now financed by the 
European Agricultural Guarantee Fund (EAGF) a nd the second pillar (rural development) is 
financed under the European Agricultura l Fund for Rural Development (EAFRD).  
The implementation of the CAP is a joint re sponsibility between the Commission and the 
Member States, referred to as shared manage ment. While the Commission is responsible for 
the overall legal framework and for impl ementation of the budget, under the shared 
management concept, the responsibility for implementation at the level of the final beneficiaries has been delegated to the Member States. The exte nt of the responsibilities of 
the Members States may in particular be considered very extensive as regards the 
implementation of the measures of the second pillar for which a "bottom up" approach has 
been followed that leaves to the Member Stat es, regions and Local Ac tion Groups much more 
latitude in adjusting the pr ogrammes to locals needs. 
                                                
 
78 Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct 
support schemes under the common agricultural policy and establishing certain support schemes for 
farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) 
No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 
79 Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the 
European Agricultural Fund for Rural Development (EAFRD) – See also Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council 
Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for 
Rural Development (EAFRD) and Commission Regulation (EC) No  1975/2006 of 7 December 2006 
laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as 
regards the implementation of control procedures as well as cross-compliance in respect of rural 
development support measures 
80 Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural 
policy 
 
EN 65   EN To ensure that the European Commission's responsibility for the adoption of secondary 
legislation is exercised in cl ose consultation with the governm ents of the Member States, 
various committees of government representa tives have been set up by the Commission and 
are chaired by a Commission's representative. The Commissi on has thus developed a long 
tradition of cooperation with  Member States that offers the possibility to discuss and prepare 
the implementation of common rules and to pr event or solve problems related to their 
application at an early stage.  
Since the Green Paper of 1985, the CAP has b een submitted to a continuing and regular 
process of reform, this policy also contributed  significantly to the regulatory simplification 
process notably in 2007 by the adoption of  the single Common Market Organisation 
regulation (see below).  
4.1.1 Report of work done in 2007 
4.1.1.1  Actions under Article 226 and 228 EC 
In the area of agriculture and rural developm ent, monitoring the application of Community 
law under Article 226 of the EC  Treaty procedure concentrat es on two main objectives: 
removing barriers to the free movement of agri cultural produce and ensuring that the more 
specific mechanisms of agricultural regulati ons are applied effec tively and correctly. 
The examination of complaints from citizens and companies and internally detected cases led 
the Commission gave grounds to intervention to th e Member States in 64 cases and justified 
the use of article 226 EC in the following situation. 
After the judgment of the Cour t of Justice in Case C-147/0481 , the Commission in 2006 
addressed a reasoned opinion to France concerni ng the prohibition to market shallots grown 
from seeds under the designation "shallots" al though such seed shallots are produced and 
marketed under that name in other Member Stat es. The French authorities reserved the trade 
designation "shallot" for vegeta bles produced by vegetative propagation and products not 
satisfying these criteria could circulate onl y under the denomination "onion/shallot". 
Therefore, instead of dealing with the questi on of consumer protectio n by way of neutral and 
objective labelling as envisaged by  the Court, the French author ities maintained a barrier to 
trade contrary to Article 28 of the EC Treaty. Following consultations with the Commission in 
2007, France brought the national legislation into line with  Community law and permitted 
marketing of seed shallots under the denom ination "shallot" followed by the indication 
"originating from seeds" ("issues de semis"). 
In the context of ensuring that the specific mechanisms of the agricultural regulations are 
properly applied in the Member St ates, specific attention continued to be paid in 2007 to the 
application of the milk quota regi me. Particular attention was devot ed to its application in new 
Member States, in parallel with a special enquiry in this area conducted by the Court of 
Auditors.  
                                                 
81 Judgement of 10 January 2006 , in Case C- 147/04 , De Groot en Slot Allium BV and Bejo Zaden BV v 
Ministre de l'Économie, des Finances et de l'Indust rie and Ministre de l'Agriculture, de l'Alimentation, 
de la Pêche et des Affaires rurales, Rec. 2006, p.I-245. 
 
EN 66   EN Furthermore, the Commission also examined the compatibility of certain national rules on the 
obligatory indication of origin  for olive oil in Italy.  
Particular attention has been pa id to the treatment of instances of non-compliance with the 
Court judgments. In 2007, this resulted in proceedings against Portugal. The Commission 
took has action against Portugal for the failure to implement a judgment of the Court where 
the Court declared that, by le vying charges on beneficiaries during the programming period 
1994-1999 which were neither voluntary nor optional and which did not constitute 
remuneration for services rendered by the admini stration, but rather served to finance tasks 
for which the Portuguese State is responsible, the Portuguese Republic failed to fulfil its 
obligations under Council Regul ation (EEC) No 4253/88, as am ended by Council Regulation 
(EEC) No 2082/9382 . The Commission considers that by limiting, for administrative reasons, 
the reimbursement of the illegal charges to beneficiaries introducing a request within the final deadline of one month, Portugal did not fulf il its obligation to implement the Court's 
judgement correctly in view of  the principles of effectiven ess and proportionality. For this 
reason the Commission opened Article 228 infri ngement proceedings against Portugal in 
2007.  
4.1.1.2  Petitions.  
In 2007 the Commission received 11 petitions rela ted to agriculture which covered a wide 
range of issues such as drinking water supply in Romania, reform of the sugar industry in 
Ireland, protection of the designa tion of origin for a Tuscan ch eese in Italy. Examination of 
these issues did not reveal  violations of Community  law by Member States.  
4.1.1.3  Implementation of the Commission comm unication on better monitoring of the 
application of Community law COM(2002)725 
In the field of prevention the Commission continues to be active as the following actions 
demonstrate it. 
4.1.1.4  Technical standards notifica tions (Directive 98/34/EC) 
Directive 98/34/EC of the European Parlia ment and of the Council of 22 June 1998 laying 
down a procedure for the provision of informa tion in the field of technical standards and 
regulations requires Member States and Member s of the European Free Trade Association 
who have signed the Agreement on the European  Economic Area plus Switzerland to give 
each other and the Commission prior notificati on of all draft rules containing technical 
standards or rules in order to avoid creating new ba rriers to trade in the internal market. In this 
context, in 2007 the Commission examined 121 notifications relating to the agricultural 
sector. Examination of these draft texts led th e Commission to issue fi ve comments and three 
detailed opinions calling for the notifications to be brought in to line with Community law. 
Furthermore, regarding a notific ation concerning Spain's draft Decree concerning fruit juices 
the Commission issued a "blockage" on the dr aft national measure for a period of twelve 
months as the Commission intended to le gislate on the subject covered by it.  
                                                
 
82 Judgement of 5 October 2006 in case C- 84/04, Commission v. Portuguese Republic, Rec 2006, p.I-
9843 
 
EN 67   EN 4.1.1.5  Comitology 
The Commission makes use of a wide range of in struments and initiatives aimed at promoting 
better implementation and at identifying and a ddressing potential problems as early as 
possible. In this regard, 256 meetings of 31 management and regulatory committees offered 
the possibility to discuss the di fficulties in the implementation of the rules of the CAP with 
the representatives of the Member States co ncerned and to remind th em of their duty to 
comply with Community law . Moreover, in 2007 the Commission was assisted by a number 
of advisory, permanent and temporary groups of experts (in total 112). These contacts helped 
to clarify facts and rule out misunderstandings. Moreover, a register of interpretative notes on 
agricultural law was established by the Commis sion services (called RIPAC) for a long time 
and is still in use. The notes are usually drawn up as a result of a written or oral question posed by a Member State. In 2007, two new in terpretative notes ha ve been issued: one 
concerning the sugar sector (on th e treatment of quantities of is oglucose) and the other related 
to the marketing standards for eggs ( producer code)."  
4.1.1.6  Assessment of rural development programs 
During 2007 the new rural development programs were submitted to the Commission for 
appraisal. Indeed, on 1st January 2007, rura l development policy entered the new 2007-2013 
programming period with the es tablishment of national strate gy plans and the national or 
regional developments programs. The core task  for Rural Development in 2007 was thus the 
evaluation of the national strategy plans and th e approval of the 94 programmes for the new 
period. The approval process acce lerated during the year and a total of 54 programmes were 
formally approved by the Commission in 2007. In addition, 16 programmes received a 
favourable opinion of the Rural Development Committee at its meeting in December 2007, 
and for 9 other programmes the main preparat ory work was finished by the end of 2007. 
These 25 programmes will be formally approved by the Commission in early 2008 following the carry-over of commitment appropriations fr om 2007 to 2008, according to Article 9(2) of 
the Financial Regulation. Furthermore, within  the framework of the Rural Development 
policy, additional aid provided by Member States  in the development programs have also 
been checked. 
4.1.1.7  EU 10 and EU 2 enlargement follow-up.  
Transposition of agricultural directives did not cr eate any major issues in 2007. Bulgaria and 
Romania communicated all national measures which adequately transpose all agricultural directives into their national law.  
Bulgaria and Romania have been audited severa l times in 2007 in the context of clearance of 
accounts procedure (see below). In autumn 200 7, the Commission started the administrative 
procedure for the application of the sa feguard mechanism laid down in Commission 
Regulation (EC) No 1423/2006 in respect of Ro mania. However, following the final report 
from an independent body on the situation, th e Commission eventually decided to halt the 
procedure and not to impose any safeguard meas ures on Romania. The deficiencies found are, 
however, being followed-up through normal conformity procedures. 
4.1.1.8  Conformity clearance 
According to the principle of shared manageme nt, Member States are responsible for paying 
subsidies under the common agricu ltural policy to the final bene ficiaries. The Commission for 
 
EN 68   EN its part controls, mostly by means of on-the-sp ot audits, whether the expenditure has been 
effected by Member States in conformity with  Community rules and, where this is not the 
case, excludes the expenditure concerned from Community financing (financial corrections). 
This mechanism, called conformity clearance, ha s over the years proven to be a very effective 
and efficient mechanism for the Commission to protect the Community's financial interests and to assume its role as guardian of the Treaty. 
The conformity clearance shields the Communi ty budget from expenditure which should not 
be charged to it. In contrast , it is not a mechanism by which irregular payments to final 
beneficiaries are recovered, which according to the principle of sh ared management is the sole 
responsibility of Member States. Financial co rrections are determined on the basis of the 
nature and gravity of the infringement and the financial damage cau sed to the Community. 
Where possible, the amount is ca lculated on the basis of the loss actua lly caused or on the 
basis of an extrapolation. Where this is not possible, flat-rates are used which take account of 
the severity of the deficienci es in order to reflect the fi nancial risk for the Community. 
Where individual irregular payments are or can be identified as a result of the conformity 
clearance procedures, Member States are requ ired to follow them up by recovery actions 
against the final beneficiaries. However, even where this is not possibl e because the financial 
correction in question relates ex clusively to deficiencies in the Member State's management 
and control system, the correction is an importa nt means to improve the functioning of that 
system and thus to prevent or de tect and recover irregu lar payments to final beneficiaries. The 
conformity clearance thereby contributes to the legality and regularity of the transactions at 
the level of the final beneficiaries. 
In 2007, the Commission adopted three confor mity decisions imposing such financial 
corrections on Member States: 
• Decision 2007/243/EC of 18 April 2007 excl uding EUR 285.3 million from Community 
financing: The main corrections concer ned EUR 60.6 million charged to Spain for non-
respect of payment deadlines in the nuts payment scheme, EUR 53.7 million charged to 
Great Britain for non-respect of payment dead lines, EUR 48.5 million ch arged to Italy for 
non-respect of payment deadlines, EUR 35.8 millio n charged to Greece because its land 
parcel identification system implemented to  manage the direct payments schemes was 
found not to be fully operational to the sta ndard required and the on-the-spot checks were 
still carried out too la te to be fully effective, EUR 26.7 million charged to the Netherlands 
for an insufficient number of substitution c ontrols in the export refund scheme, EUR 17 
million charged to Spain for non-respect of  payment deadlines and EUR 8.7 million 
charged to France for deficiencies in the te chnical and accounting controls concerning the 
over thirty months slaughter scheme; 
• Decision 2007/647/EC of 3 October 2007 excl uding EUR 145.2 millio n from Community 
financing: The main corrections were EUR 76.4 million charged to Italy for insufficient 
quality and quantity of controls in oliv e oil production sector  and EUR 49.7 million 
charged to France for weaknesses in recogn ition criteria performed by the producers' 
organisations; 
• Decision 2008/69/EC of 20 December 200 7 excluding EUR 256,3 million from 
Community financing: The main correcti ons concerned EUR 183.9 million charged to 
Spain for shortcomings or lack of checks on crop declarations and yields as well as on 
 
EN 69   EN monitoring the controls of mills in olive oi l production sector, EUR 16.6 million charged to 
Spain for weaknesses in on-the-spot checks (rem ote sensing and classical field visits) for 
area aids, EUR 10.5 million charged to Ital y for weaknesses in the management and 
control of the quota system in tobacco production scheme and EUR 9.7 million charged to the United Kingdom for late payments, main ly for the extensification premium. 
Moreover, in 2007, the Commission continued its conformity work by carrying out 158 on-
the-spot audits in th e Member States and launching 217 desk  audits. In around one third of the 
on-the-spot checks, the Commission's audito rs found deficiencies in Member States' 
application of the relevant Community rules, of which some were of minor importance while 
others were more serious. These deficiencies  are being followed-up and may, eventually, lead 
to financial corrections imposed on Member States
83 . 
4.1.1.9  Simplification 
The Commission strategy for simplifying the regulatory environment (COM(2005)535) set 
out an ongoing simplification pr ogramme of measures to be  adopted between 2005 and 2008 
with a view to improving the quality and effec tiveness of the acquis. As far as agricultural 
sector is concerned, the Co mmunication on Simplification a nd Better Regulation for the 
Common Agricultural Policy (COM (2005) 509) led to the creation of the ongoing 
simplification of the Common Agricultural Polic y action plan. The Action Plan is used to 
identify, plan and monitor the implementation of the simplification projects within the 
agricultural sector. 
On 18 December 2006 the European Commission presented a proposal to the European 
Parliament for merging the 21 currently functio ning agricultural markets into a single CMO 
that was adopted in October 200784 . The single CMO makes legislation more transparent and 
easily accessible and reduces the administrative burden for Member States and businesses . It should not be interpreted as a way to reform the policy by  the back door. The single CMO 
allowed the repeal of almost 50 Council acts and replaces more than 650 legal provisions in 
the current regulations with ar ound 200. It must be noticed th at, previously, the Commission 
had for many years screened the ‘acquis’ to id entify obsolete agricultural legislation, a task 
supported by the two-year programme on “Upd ating and simplifying the Community acquis”. 
For instance, in 2003 and 2004, as part of  ongoing simplificati on activities, around 520 
agricultural legal acts were removed from the list of acts in force by formal repeal and recognition of obsolescence. 
4.1.2 Changes Underway 
2007 was a important year for European agricult ure, with fundamental reforms in two major 
sectors—wine and fruit and vegetables as well as the launch of a reflection on how to improve 
the efficiency of the Common Agricultural Policy in the future.  
                                                
 
83 For a more detailed description of the conform ity clearance activities see DG  AGRI's 2007 Annual 
Activity Report. 
84 Council Regulation (EC) n°1234/2007 establishing a common organisation of agricultural markets and 
on specific provisions for certain agricultural products 
 
EN 70   EN 4.1.2.1  Recently adopted measures due to enter into force  
In 2007, the CAP reform process continued with the reform of the last major sectors, fruit and 
vegetables and wine. The objectives of th e wine reform (see Proposal for a Council 
Regulation on reform of the wine sector85 ) are to increase competitiveness while taking social 
and traditional aspects into account, to establish simple effective rules, balance supply and demand and ensure production respects the environment. 
The wine reform provides for a fast restructuri ng of the wine sector in that it includes a 
voluntary, three-year grubbing-up scheme to  provide uncompetitive producers with a 
reasonable alternative to solve their social or financial prob lems and to remove surplus wine 
from the market. Subsidies for distillation will generally be pha sed out and the money, 
allocated in national envelopes, can be used  for measures like wine promotion on third 
country markets, innovation, restructuring and m odernisation of vineyards and cellars and for 
crisis prevention measures. The reform will ensure environmental protection in wine-growing regions, safeguard traditional and well-estab lished quality policies and simplify labelling 
rules, for the benefit of producers and consum ers alike. The planting rights system will be 
abolished prior to 1 January 2016 with a possibility  for a Member States to prolong it with a 
national or regional scope until 31 December 2018 at the latest. A solution to the irregular 
plantings problem has also be incorporated. However, the option to increase the natural 
alcoholic strength using sucrose has been mainta ined but the enrichment  levels have been 
reduced. 
Political agreement has b een reached at Council in December  2007: a report on the experience 
gained with the implementation of the reform is to be prepared by the Commission by the end of 2012 at the latest. The Commission implem enting rules are being prepared via the 
Management Committee procedure; some vi a a Regulatory Committ ee procedure notably 
concerning wine making practices  and geographical indications. 
The reform, which is budget neutral, should  enter into force on 1 August 2008 except for 
regulatory measures (wine making practices, ge ographical indications and labelling) which 
enter into force one year later. 
A reformed Common Market Organisation for fruit and vegetables, together with a fresh set 
of implementing rules, has been in place as from 1 January 2008
86 . This reformed CMO has 
been integrated into the single CMO in 2008. The aim of the reformed CMO is to improve the 
competitiveness and market orientation of the fruit and vegetable sector, reduce income fluctuations resulting from crises, promote c onsumption – so contributing to improved public 
health – and enhance environmental safeguards.  New measures were set out to encourage 
growers to join Producer Orga nisations. POs are offered a wide r range of tools for crisis 
management; the fruit and vegetable sector is integrated into the Single Payment Scheme; a 
minimum level of environmental spending is re quired; EU funding for promotion and organic 
                                                
 
85 COM(2007) 372 final of 4.7.2007 
86 Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the 
fruit and vegetable sector, amending Directives 20 01/112/EC and 2001/113/EC and Regulations (EEC) 
No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 and Commission Regulation (EC) No 1580/2007 
of 21 December 2007 laying down implementing rules of Co uncil Regulations (EC) No 2200/96, (EC) 
No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector 
 
EN 71   EN production is increased; and export subsidies fo r fruit and vegetables  are abolished. Major 
simplification efforts and the principle of shar ed management which transfers monitoring and 
competence for the imposition of sanctions for the mo st part to the Member States should lead 
to the timely and correct implementation of the measures provided for. Particular attention, 
however, may be needed for some issues like ma rketing standards and the entry price system. 
The reporting obligations provi ded by the new acquis at the le vel of Member States and 
producer organisations should enable detec tion of possible flaws or weaknesses in 
implementation. 
In its report to the Council on the application of the system of cross compliance establishing 
common rules for the direct support sche mes under the common agricultural policy and 
establishing certain support schemes for farmers (COM(2007)147final of 29 March 200787 , 
the Commission identified several difficulties in the implementation of the cross compliance rules that needed to be adapted. Following the commitment made in its  March 2007 report to 
improve and simplify the system of cross co mpliance, the European Commission adopted the 
regulatory measures presented in the re port which are under its own responsibility
88 . 
Furthermore, the Commission presented to the Council a proposal for a Council Regulation 
amending Regulation (EC) N°1782/2003, proposing sp ecific improvements in the system of 
cross compliance that was adopted in February 200889 . 
4.1.2.2  New measures due to be adopted  
In 2008, the Commission will present legisla tive proposals in th e context of its 
communication of the so-called 'Health Check' of  the CAP which will build on the approach 
which of began with the 2003 reforms, it will improve the way the policy operates based on 
the experience gained since 2003 and make it fit for the new ch allenges and opportunities in 
an EU of 27 Member States in 2007. The reform s have modernised the CAP, but the Health 
Check represents a perfect opportuni ty to take the policy review fu rther. It will ask three main 
questions: how to make the direct aid system mo re effective and simpler;  how to make market 
support instruments, originally conceived for a Community of Six, relevant in the world we 
live in now; and how to confr ont new challenges, from climat e change, to bio energy, water 
management and the protection of biodivers ity. The Communication contained such proposals 
as moving away from entitlements based on hi storical payments towards a "flatter rate" 
system, increasing the rate of decoupling in thos e countries which opted in a number of farm 
sectors to maintain the link between subs idy and production, although coupled support may 
still play a role in regions where production is  small-scale but of particular economic or 
environmental importance, gradually reducing the support level as overall payments to big 
farmers increase, fixing minimum surface or ai d level requirements to qualify for Community 
support, reviewing the cross co mpliance standards which farmer s are obliged to respect to 
                                                 
87 (COM(2007)147final of 29 March 2007 
88 Commission Regulation (EC) n°972/2007 of 20 August 2007, laying down detailed rules for the 
implementation of cross compliance, modulation and IACS, Commission Regul ation (EC) n°1550/2007 
of 20 December 2007, laying down detailed rule s for the implementation of cross compliance, 
modulation and IACS. Furthermore, the Commission presented to the Council a proposal of a Council 
Regulation amending Regulation (EC) n°1782/2003, proposing specific improvements in the system of 
cross compliance (COM (2007)484 of 29 August 2007 
89 Council Regulation (EC) No 146/2008 of 14 February 2008 amending Regulation (EC) No 1782/2003 
establishing common rules for direct support schemes under the common agricultural policy and 
establishing certain support schemes for farmers and Regulation (EC) No 1698/2005 on support for 
rural development by the European Agricultural Fund for Rural Development (EAFRD) 
 
EN 72   EN receive their support from Brussels. This c ould mean deleting unnecessary obligations, but 
also adding new ones to deal with new ch allenges like improving water management and 
mitigating climate change.  
The Health Check of the CAP, by increasing th e degree of decoupling of payments will 
facilitate the appli cation of Community law by Member States (and farmers). Decoupled 
payments (mainly payments under the Single Payment Scheme) are simpler and less burdensome for administration and farmers, in pa rticular because they reduce the number of 
specific eligibility/compliance requirements fo r coupled aids, by a ligning them with the 
existing rules for the SPS.  
At the same time the Health Check will revi ew the implementation of the SPS (which was 
only introduced in 2003) and proceed with  making some adjustments and technical 
simplification where experience has shown that rules should be simplified. This will also facilitate the application by Member Stat es and farmers of direct payments.  
The Commission hopes that the preparatory work ing contacts between experts, review of 
problems arising and multilateral and/or bilatera l exchange of information should be sufficient 
at this stage to ensure applica tion of the new measures proposed. 
Furthermore, the proper applic ation of the new Community rule s will require the adoption of 
implementing rules by the Commission within th e framework of the Comitology procedures. 
Besides its role in the adoption of implementi ng rules, the Management Committee for Direct 
Payments, which meets every month, is a privil eged forum for the exchange of information 
and best practise between Member  States and the Commission.  
4.1.2.3  Prioritisation 
As already mentioned, in the area of agriculture and rural development, monitoring the 
application of Community law under Article 226 EC proceeding conc entrates on two main 
objectives: removing barriers to the free movement  of agricultural products and ensuring that 
the more specific mechanisms of agricultural re gulations are applied effectively and correctly. 
In the use of the infringement procedure, priority  will be granted to cases which raise issues 
concerning the compatibility of Member States ' legislative, regulatory or administrative 
measures with Community agricultural rules and to cases where Member States concerned 
refrain from applying the afor ementioned common rules, thus jeopardizing the effectiveness 
of important mechanisms of the common agricu ltural policy, particularly regarding the 1st 
pillar. 
For the years 2008 and 2009, the Commission will in particular be vigilant in pursuing 
infringements of the type described in the prev ious paragraph challenging the application of 
the CMO's reform in the fruit and vegetable an d wine sectors and thos e which would affect 
the application of the direct payment regi me , and in particular "cross compliance" 
90.  
                                                 
90 The use of the infringement procedure will be favoured in cases where the absence of financial 
consequences of the infringement would not allow fo r recourse to the clearanc e of accounts procedure. 
 
EN 73   EN 4.1.3 Evaluation 
Taking into account the volume of  Community law currently in  force, the acquis in the 
agricultural sector may be cons idered as globally stable and manageable or subjected to 
technical up-dating or clarification effected through Comitology (see ab ove). This updating is 
not generally expected to be cont roversial or difficult to implement due to the well-established 
and well-understood framework in which this w ill take place and given previous experience 
of the relatively smooth adoption and timely entry into effect of this type of measures. 
In the agricultural sector it may be consider ed that preparatory wo rking contacts between 
experts, review of problems arising and multilateral and/or bilateral exchange of information constitute proportionate and sufficient means to  ensure correct implementation. Furthermore, 
besides its role in the adoption of implemen ting rules, the Management Committees, which 
meet regularly, are a privileged forum for th e exchange of informa tion and best practise 
between MS and the Commission.  
In any case, as already explained, the agricu ltural sector makes use of the clearance of 
accounts mechanisms to monitor through its audits  the application of secondary agricultural 
legislation. For 2008, the annual work plan prov ides for 126 on-the-spot checks and around 
80 desk audits. 
For the acquis for which implementation difficu lties were identified in 2007, notably cross 
compliance, the Commission chose to adapt and si mplify the legislation without prejudice to 
the possibility to make use of the infringement  and clearance of accounts procedures in the 
future. Regarding the implementation of the fruit and vegetable reform regulations, the 
national strategy for operational programmes an d the national framework for environmental 
actions will be subject to expe rt meetings within the management committee, which will 
provide guidelines.  
In the wine sector, to reduce the risk of inad equate respect of the rules, the new wine CMO 
incorporates improved monito ring and sanction provisions. 
 
5 ENERGY
 AND  TRANSPORT 
5.1 Current position 
5.1.1 Existing measures in force 
For the list of the existing measure in force together with the different legal basis to 
control the application of Community law in the sector of energy and transport please 
refer to Annex I paragraph 2.1 and 2.2 
  
 
EN 74   EN 5.1.2 Report of work done in 2007 
5.1.2.1  Articles 226-228 EC / 141-143 Euratom. "Infringement procedures" 
In 2007, DG TREN departments dealt with a total of 611 cases for failure to comply with EU 
legislation. While the total of cas es decreased compared with th e situation in 2006 (a total of 
714 cases), it is worth noting that, followi ng the tendency started in 2006, the number of non-
conformity cases is higher than the number of cases for lack of communication of national 
transposing measures (67% versus 33%). At the end of 2007, 289 cases were open, 198 in the 
field of transport and 91 for energy. 
Conformity checks carried out in 2005 and 2006, which mainly related to the transposing 
measures for the core directives on the internal  market for gas and electricity, as well as for 
the maritime sector ("Erika 1 package"), had as  a consequence a considerable increase in the 
number of letters of formal notice and r easoned opinions for non conformity or bad 
application of Community law. In 2007, while examination of open cases related to the 
energy internal market and the safety of transports went on, the total number of letters of formal notice and, in particular, of reasone d opinions diminished. Compared with the 
Commission's overall statistics, DG TREN's ra te of "useful decisions" during 2007 was 
however well over average. 
In the field of transports
, the Commission services paid special  attention to a series of files 
related to the non-conformity or  bad application of Community law: the respect of the use 
related charges for the use of road infrastructures; the rules on admission to the occupation of road transport and road passenger operator; th e application of discriminatory taxes in 
maritime ports and airports; the freedom to provide services in the maritime transport 
(maritime cabotage), the respect of the rules on the control of vessels by the port state authorities; the respect of the provisions on port reception facilities for waste resulting from 
the operation of ships, etc. 
In the field of energy
, the national implementation measures  required for the opening of the 
gas and electricity markets were closely cont rolled in a number of Member States whose 
national mechanisms were in contradiction wi th the relevant directives. The Commission's 
services also focussed on other aspects such as  the promotion of electricity produced from 
renewable energy sources; the us e of biofuels and other renewa ble fuels in transport; the 
energy efficiency, including the assessment of national plans and the energy performance of 
buildings (minimum standards and certification); the rules on oil stocks, and the security of 
supply in gas, among other aspects. 
5.1.2.2  National implementing measures. 
Concerning the transposition of Directives, notification of na tional implementing measures 
often comes only after the transposition de adline has elapsed. A total of 260 non-
communication cases were therefore opened in  2007, of which however 166 could be closed 
following later communication of the national transposing measur es. This quick evolution of 
cases results from the systematic opening of infringement procedures by empowerment after 
the transposition deadline has elapsed, whic h does not take into account the individual 
situation and precise progress made by Member States. 
At the end of 2007, a slight incr ease of 0.2% could be noted in  the transposition rate for 
Directives on "energy" which reached 97.8%; in the field of "t ransport" the delays in the 
 
EN 75   EN transposition of the directives are being solved and the transpos ition rate is in progress, having 
reached 97.4%. The objective of 98.5% set by the European Council in 2001 remains to be 
reached for both fields of activit y. Member States need to intens ify efforts, in view of the 
more ambitious target agreed by the Europ ean Council in 2007 (99 % to be achieved by 
2009). 
The assessment of the compliance of the na tional transposing meas ures represents a 
considerable challenge in a Union to 27 Members. Control of conformity varies from one sector to another, and no singl e approach is followed within  DG TREN. The services use all 
the means at their disposal, and privilege a pr actical case by case approach, which duly takes 
into account the interests at stake, the equa l treatment of Member States and resources 
available. 
Some examples of alternative or complement ary means to check compliance can be found in: 
– Railway sector: verification of compliance with the Directives of the "1
st Railway 
Package" based on the answers to questi onnaires sent to all Member States. 
– Maritime sector: analysis of the inspection re ports from the European Maritime Safety 
Agency. 
– Conventional sources of energy: assistance from the Energy Regulators Group (ERGEG) 
and from the Gas Coordinators Group for id entifying possible breaches; organisation of 
fact finding missions for assessing that the di rectives are implemented in practice and 
issuance of interpretative notes, with guida nce on individual aspects of the directives, 
discussed in detail with the national administrations. 
– Radiation protection: guidance documents in place on specific aspects of the relevant 
legislation (e.g. "Guidelines fo r the Regulatory Control of Consumer Products Containing 
Radioactive Substances in the European  Union, published in 2007") and risk-based 
analysis usually ensured though reports from external consultants on different national 
approaches to specific points of the Direc tives (e.g. "A Review of Consumer Products 
Containing Radioactive Substances in the Eu ropean Union, published in 2007). The role of 
the Group of Scientific Experts provided for in Article 31 of the Euratom Treaty is 
essential in these activities.   
5.1.2.3  Complaints 
During 2007, a total of 38 complaints were regi stered and dealt with, 14 for energy and 24 for 
transport. Based on these complaints, DG TREN  services proposed the following decisions 
during the same period: 
– Closure of the case (no infringement found) : 3 cases (+ 5 cases closed early 2008) 
– Opening of infringement procedures (sending of a letter of formal notice): 1 case (+ 6 early 
2008) 
– Case treatment to follow another open case: 7 cases 
– No decision yet: 16 cases still under assessment. 
 
EN 76   EN DG TREN moreover holds a special register of  correspondence from air passengers. During 
2007, a total of 2.253 enquiries were  registered and answered c oncerning the application of 
Regulation (EC) nº 261/2004 establishing comm on rules on compensati on and assistance to 
passengers in the event of denied  boarding and of cancellation or  long delay of flights. In 
most of the cases, complainants were instruct ed about national procedures and referred to 
their national enforcement body. 
5.1.2.4  Cooperation with Member States. 
DG TREN services are in permanent contact with  national administrations, either by informal 
contacts with the competent ministries or th rough the Permanent Repr esentations, through the 
work of committees and groups of experts, in  the context of prepar ation and follow up of 
inspections and in other fora, like the organi sation of and participat ion in workshops and 
conferences.  
The preventive approach initiated in 2006 (L uxembourg) was maintained and three package 
meetings were organised in Athens, Paris and Rome, where DG TREN services discussed 
with the relevant national authorities on ongoing infringement cases and status of 
transposition for Directives due  to be transposed in 2007 a nd 2008. In spite of the slight 
improvement observed following these meetings , Greece, France and Italy, together with 
Luxembourg and Spain, remain among those Memb er States having the largest number of 
open infringement cases. The Commission's services  are still in contact with the French and 
Italian administrations on some outstanding pr oblems. The organisation of follow-up package 
meetings is not excluded.   
5.1.2.5  Petitions 
During 2007, DG TREN received for assessment a total of 22 new parliamentary petitions, 21 
for transport and 1 for energy. It was furtherm ore associated to the examination of 12 new 
petitions dealt with by other DGs (9 concer ning transport matters and 3 for energy). 
No formal infringement proced ure was opened based on the in formation received from the 
Parliament and later Commission's inquiries. 
5.1.2.6  Parliamentary questions 
During 2007, DG TREN prepared the Commission' s answer to a total of 650 parliamentary 
questions, 433 for transport and 218 for energy. It  was furthermore associated to preparing the 
answer to additional 571 questions. 
No formal infringement proced ure was opened based on the in formation received from the 
Parliament and later Commission's inquiries. 
5.1.2.7  Follow-up of enlargement 
DG TREN continued to monitor the implementati on of the corrective action plan in Bulgaria 
throughout 2007 following the Commission's safegua rd measure adopted in 2006 restricting 
the benefits of the European  Single Sky (Regulation nº 1962/2006, of 21 December 2006, in 
application of Article 37 of the Act of Acce ssion of Bulgaria to th e European Union). In 
particular it was able to observe significant im provements in the area of aircraft operations 
thanks to radical measures taken by the Bulgaria n authorities with regard  to 5 cargo carriers. 
 
EN 77   EN Also, with a view to verifying progress afte r the imposition of the safeguard measures in 
December 2006, the European Aviation Safety Ag ency carried out a global standardisation 
visit in Bulgaria in December 2007. The result s of this visit will be assessed in 2008. 
Under Article 6(2) of their Ac t of Accession, Member States that entered the EU in 2004 
committed themselves to accede to the Agreem ent between the Non-Nuclear-Weapon States 
of the European Atomic Energy Community, the European Atomic Energy Community and the International Atomic Energy Agency in implementation of Article III(1) and (4) of the Treaty on the Non-Proliferation of Nu clear Weapons of 1977 (INFCIRC/193), as 
supplemented by the Additional Protocol to this  agreement. The procedure for the accession 
of Poland, Malta, Hungary and Lithuania to the said Agreement was finalized within 2007. 
The procedure for the accession of the Republic of Cyprus was being finalised in the first months of 2008. 
By their Acts of Accession to the EU, several new Member States committed themselves to 
the early closure, for safety reasons, of nucl ear power stations. As the Commission repeatedly 
made clear, this primary law requirement ca nnot be derogated from . Therefore, DG TREN 
continued to monitor both compliance with  the early closure obligation and the 
implementation of accompanying programmes. 
Having been following the Ignali na and Bohunice Programmes, DG TREN is also responsible 
(since 1 January 2007) for the implementation a nd follow-up of the Community assistance of 
the Kozloduy Programme. In 2007 a total of  113 M€ was committed to the Ignalina 
Programme, 56.72 M€ to the Bohunice Pr ogramme and 74.28 M€ to the Kozloduy 
Programme. As foreseen in the Protocols of the Treaty of Accession, implementing rules for 
continued assistance in 2007-2013 were fi nalised and adopted by the Commission 
(C(2007)5538). 
5.1.2.8   Reporting activities 
During 2007, DG TREN prepared a number of  Commission's communications aiming at 
reporting on tasks related to the implementati on of Community law in energy and transport. 
They are a key element for spreading knowledg e of EC law among the stakeholders and for 
improving the quality of implementation all over Europe, while keeping other institutions up-
to-date on the Commission's activities. 
For a list of such communications pl ease refer to Annex I paragraph 2.3 
5.1.2.9   Report of work done in 2007, by sector 
5.1.2.9.1  Energy 
5.1.2.9.1.1  Security of supply in electricity and natural gas 
In order to monitor the presen t and future security of gas supply situation and provide a 
coordination mechanism in case of a possible supply crisis, Directive 2004/67/EC establishes 
a Gas Coordination Group chaired by the European Commission and composed by 
representatives of the Member States, repr esentatives of the industry concerned and 
representatives of relevant consumers. In 2007, the Commission convened 5 meetings of the 
Gas Coordination Group. In additi on, the same directive requires Member States to establish 
 
EN 78   EN emergency plans and to implement a number of measures. An in-depth examination of these 
measures and emergency plans is taking place with each Member State within the Gas Coordination Group and it enables the identification of best pract ices and cross-fertilisation. 
5.1.2.9.1.2  Internal market for electricity and natural gas 
Three types of structural actions  were carried out in order to cross check and make sure that 
national transposing measures were not only le gally correct, but also duly implemented: 
- Systematic fact finding missi ons in all member States during 2006 allowed for establishing 
national profiles and for identifying the main  problems for the functioning of the market; 
these problems were identified in th e Commission's report of 10 January t 2007. 
- Cooperation with the Commission's services in  charge of Competition in the framework of 
the 2005 sectoral enquiry (see the parallel  report adopted also on 10 January 2007). 
- Reinforced cooperation with th e Energy regulators (ERGEG), for monitoring Regulations nº 
1228/2003 (cross border exchanges of electricity) and nº 1775/2005 (transport of natural gas), 
which allowed the Commission to detect a number  of violations of the regulations in a 
systematic and comparable manner. 
5.1.2.9.1.3  Hydrocarbons 
In 2007 and pursuant to Counc il Directive 2006/67/EC of  24 July 2006 imposing an 
obligation on Member States to maintain mi nimum stocks of crude oil and/or petroleum 
products (Codified version) or the previous stocks legislati on, the Commission continued to 
monitor oil stocks levels in Member States as well as the timely communication of data thereupon. Following corrective actions taken by Member states, most infringement 
procedures addressing breaches on those ground s could be closed. Th e Commission however 
decided to refer Belgium to the Court of Just ice for persistently failing to maintain the 
minimum level of oil stocks required by Community law.  
Given improvements in stocks levels and reporting in several Member States, the 
Commission's services were also able to focu s their attention on some of the fundamental 
concepts underlying the directive, such as the need  to maintain stocks fully at disposal in case 
of supply difficulties or the obligation to en sure their availability and accessibility. 
Consequently, at year end, the possibility of launching one procedure was being considered, 
in relation to the use of stocks as security for debts. The Commission's services nevertheless 
kept insisting on the importance of compliance with regard to stock levels as any drop in 
stocks below the legally required levels in one Member State inev itably leads to a drop in the 
quantities available in the Eu ropean Union as a whole. 
With regard to the application of Directive 94/22/EC, the Commission remained attentive to 
OJ publications requested by Member States , concerning the gran ting and the use of 
authorisations for the prospection, explora tion and production of hydrocarbons. Infringement 
procedures were launched in relation to confor mity shortcomings of implementing measures 
adopted in two Member States. In the course  of one of these procedures, the Commission 
decided to send a reasoned opinion to Poland , asking this Member State to correct its 
procedures. 
 
EN 79   EN Concerns were raised in relation to comp liance with reporting requirements under Council 
Regulation (EC) N° 405/2003 (monitoring of imports of hard coal). Some Member States did 
not provide the Commission with information on im ports of hard coal and on import prices, as 
and within the delay stipulated under the legislation. This situa tion may lead to the launch of 
one or more infringement procedures. 
5.1.2.9.1.4  Electricity produced from renewable energy sources 
The purpose of the Directive on the promotion of the electricity produced from renewable 
energy sources in the internati onal electricity market is to increase the contribution of 
renewable energy in el ectricity production. 
Out of a total of 17 cases that were dealt with  in 2007 (4 of which were opened in the same 
period), 7 cases could be closed by the end of th e year. The cases were related to the incorrect 
transposition of the Directive or the incorr ect application of Community law. The open 
infringement cases on incorrect application of Community law are mainly based on the breach 
or incomplete transposition of several Articles  of the Directive, such as on guarantees of 
origin, on simplification of administrative proce dures, on access to grid or on the lack of 
appropriate steps to encourage greater consum ption of electricity produced form renewable 
energy sources. 
Member States must report biannually to th e Commission on measures taken to promote the 
use of renewable energy sources. Last reportin g year was 2007. Nine Member States missed 
to send their reports on time. 
5.1.2.9.1.5  Biofuels 
Biofuels have an important role to play in Eu ropean transport and ener gy policy because they 
are one of the few options available for replaci ng petrol and diesel as transport fuels. They 
tackle climate change by avoiding emissions of greenhouse gases; they diversify Europe’s 
sources of energy and reduce dependence on o il imports; and they offer new markets for 
European agriculture. 
Out of 13 cases that were examined in 2007, on e was opened during the year. By the end of 
the year all cases had been closed. Three cases were related to the incorrect transposition of 
the Directive or the incorrect application of it s provisions. The latter were mainly based on 
breach of Article 3.1 on minimum proportion of  biofuels and other renewable fuels. 
Before 1st July each year, Member States mu st report to the Commi ssion on measures taken 
to promote the use of biofuels or other renewa ble. Infringement proceedings were initiated 
against the Member States who failed to  report by 1 July in 2004, 2005, 2006 and 2007. 
During 2007, all 10 cases related to reporting were closed. 
5.1.2.9.1.6  Energy end-use efficiency and energy services 
In order to support further development of ener gy end-use efficiency and energy services the 
Commission initiated preparatory work for establishing a Concerted Action on the Energy 
End-Use Efficiency and Energy Services Dire ctive (ESD). The Concerted Action will be 
established with a view to enhance and f acilitate information exchange (both between 
Member States and between Member States a nd the Commission) and uptake best practice to 
 
EN 80   EN strengthen implementation of the ESD, to build capacity and transfer knowledge, to identify 
potential areas for convergence of national pr ocedures, and to complement and support the 
work of other fora such as the Energy Demand Management Committee. 
The notification of the National Energy E fficiency Action Plans was enforced by 15 
infringement cases against Member States. 
The Commission also supported the Executive  Agency for Competitiveness and Innovation 
(EACI) with regard to several projects rela ting to the ESD under the Intelligent Energy 
Europe Programme including the a project  on the harmonisation of measurement 
methodologies. Preparatory work was also cond ucted on cooperation with CEN standards for 
ESD. 
The overall policy was presented to the public a nd stakeholders during the course of the year 
where the Commission actively pa rticipated in various events  ranging from the Summer 
Study of the European Council for an Energy Effi cient Economy to the Technical Assistance 
Information Exchange (TAIEX) conference wher e energy efficiency and services were the 
central themes. 
5.1.2.9.1.7  Eco-design Directive 
A total of 21 infringement procedures were  launched in 2007 for n on communication of 
national transposing measures by Member States . Up to now, 7 infringement procedures are 
still open for non-communication. 
5.1.2.9.1.8  Energy Performance of Buildings 
In order to realize energy savings in the buildings sector, several activities were initiated, in 
particular with regard to the Energy Perfor mance of Buildings Directive (EPBD). The first 
phase of the Concerted Action (2005-2007), whic h provided the Member States with support 
for the implementation of the EPBD by establis hing a platform for the exchange of best 
practices and lessons learnt, was finalised. In  parallel the second phase of the Concerted 
Action was launched to continue the Member States' exchange on ways how to implement the 
EPBD in practice. The adopti on and notification of  national legislation on implementing the 
EPBD was enforced with 17 ongoing infri ngement cases against Member States. 
The Commission continued its work on the 31 CEN standards for energy performance of 
buildings, which provide the Member States with calculation and rating methodologies and 
give guidance on how to establ ish their certification scheme. The Commission also supported 
the actions of the Executive Agency for Comp etitiveness and Innovation (EACI) with regards 
to 19 ongoing and 20 starting projects on the EP BD under the Intelligent Energy Europe 
Programme. 
In order to inform the stakeholders and the ge neral public on the acti ons of the Commission, 
the Buildings Platform (www.buildingsplatform.org ) was further upgraded and an event on 
the EPBD was organised during the first Eu ropean Sustainable Energy Week 2007. This 
effort was continued with the preparations  of the follow-up event during the European 
Sustainable Energy Week 2008. The Commission also actively participated in about 10 events 
of stakeholders and Member States on en ergy efficiency in the buildings sector. 
 
EN 81   EN 5.1.2.9.1.9  Cogeneration 
In the framework of the Directive on th e promotion of cogeneration, the Commission 
organised two committee meetings to discuss with the Member States proposals for a future 
Commission Decision on detailed guidelines for this Directive, the progress of transposition in each Member State and the experiences with re gard to the implementation of the Directive. 
In bilateral contacts the Commission provi ded guidance for several Member States. 
The Commission also participated in confer ences to explain EU cogeneration policy to 
stakeholders and the general public  during so called Cogeneration days that were  organised in 
about ten individual Member St ates. The Commission paid special  attention to new Member 
states during a specific conference on reporting  obligations and the implementation of the 
Directive that was organised together with the JRC in Petten. 
Main events in which the Commission worked on dissemination of information to 
stakeholders were the annual conference of COGE N Europe in Brussels and the conference of 
Euroheat and Power in Copenhagen. Both ar e European trade associations which are 
important for cogeneration and district heating. 
In cooperation with the Associati on of Issuing Bodies, a scheme for Guarantees of Origin was 
further developed, in order to provide Member States a ready to use scheme for implementing 
Article 5 of the Directive. 
In 2007 also the preparations started for a c ogeneration event during the Sustainable Energy 
Week 2008, to be organised by DG TREN, the International Energy Agency and COGEN 
Europe in early 2008. 
5.1.2.9.1.10  Euratom 
– Newest legislation 
Directive 2006/117/Euratom on the supervision and control of sh ipments of radioactive waste 
and spent fuel is due to be transposed by end of 2008 and will replace the existing Directive 92/3/Euratom. During 2007, the way to tran sposition was closely followed up by the 
Commission’s services based on a pre-establ ished transposition plan, which included the 
immediate constitution of the advisory comm ittee foreseen in the Di rective so that the 
standard document to be used for the purposes of the Directive could be  available as soon as 
possible, and the organisation of a transposition workshop, among other accompanying measures. 
– Infringement procedures 
With the exception of the case of the Czech Re public, all infringement procedures involving 
the new Member States that did not accede to the tri-partite Safeguards agreement between 
the EU Non-Nuclear-Weapon St ates, the European Atomic Energy Community and the 
International Atomic Energy Agency (INFCI RC/193), as required by th ese Member States' 
Act of Accession to the EU, were closed because of compliance. 
Negotiations continued with th e Sellafield (UK) operators w ith a view of rectifying the 
shortcomings which originated the warning the Commission issued on 15 February 2007 
(Decision 2006/626/Euratom), in accordance with Article 83 of the Treaty (failure of the 
 
EN 82   EN operator of a nuclear installation to satisfactor ily fulfil its obligations). Furthermore, the 
progress in the case of a Commission Directive based on Article 82 of the Treaty, concerning 
another installation on the same site, was monitored. 
On 18 July 2007, the Court of Justice of th e European Communities ruled (Case C-155/06) 
that the UK had failed to fulfil its obligations under Article 53 of the Directive 96/29/Euratom 
of 13 May 1996 (Basic Safety Standards). Th e Commission invited the UK to outline the 
legislative measures planne d to rectify the situation. 
– Notifications of draft legisla tion under Article 33 Euratom 
The submission of draft texts,  under Article 33 of the Eurato m Treaty, allows the Commission 
to make appropriate recommendations or rema rks before the finalisation of the national 
procedure for the adoption of transposition measures, so th at possible instances of non-
compliance can be identified even before the texts are adopted. 
During 2007, notifications of national measur es implementing Directive 96/29/Euratom 
("Basic Safety Standards") made up almost a half  of the whole, while notifications related to 
Directive 2003/122/Euratom (on the control of high-activity sealed ra dioactive sources and 
orphan sources) represented one-third. 
– Activities under Articles 35 and 37 of the Euratom Treaty 
Under Article 35 of the Euratom Treaty, the Commission services conducted seven 
verification missions in Bulgaria, Germany, Estonia, Finland, Luxembourg, Romania and 
Spain. The purpose was to provide  an independent assessment on the adequacy of facilities 
intended to monitor levels of ra dioactivity in the environment. 
All verifications started with a preliminary a udit of the monitoring and inspection activities 
carried out by the relevant national authori ties and of the legal framework in force. 
Moreover, by its Communication of 20th December (COM(2007) 847 final), the Commission 
provided an overview of all Article 35  verifications carried out since 1990. 
Under Article 37, twelve Commi ssion opinions were adopted on plans for the disposal of 
radioactive waste submitted by Member States. 
– Safeguards Inspections 
The Commission continued to satisfy itself that in  the territories of the Member States nuclear 
materials were not diverted from their intende d use as declared by the users and that the 
international safeguards obligations assumed by Euratom were complied with. A total of 1.485 inspections were carried out during 2007. 
– Post-Chernobyl legislation on foodstuffs 
The Commission continued to monitor the implemen tation of the specific legislation, adopted 
following the nuclear accident in Chernobyl, governing imports of agricultural products 
originating in third countries. 
 
EN 83   EN The results of the study to update the Commission's inform ation basis on the potential 
radioactive contamination of specific foodstuffs originating from third countries were 
presented to the Committee under Article 7 of Council Regulation nº 737/90/EEC. The study 
indicated that, for a number of agricultural products, controls of th e radioactive caesium 
contamination at the border of the EU will remain necessary for at least 20 years. 
– Notifications under Article 103 of the Euratom Treaty 
Article 103 is part of the Treaty Chapter on exte rnal relations. It esta blishes a procedure for 
the preliminary examination of the compatibili ty with the Treaty of draft agreements or 
contracts, which are about to be concluded, w ithin the scope of the Treaty, between a Member 
State and a third party (i .e. a third State, an international organisation or a na tional of a third 
State). 
This Euratom Treaty-specific procedure, whic h has to be finalised within a binding one-
month time frame, is intended to ensure that the Treaty requirements are not frustrated by 
international agreements or contracts that the Member States may conclude. 
In 2007, the number of Article 103 (both form al and informal) notifications to the 
Commission grew to 15. 
A clause in one of the notified draft agreements seemed to contravene Chapter 7 of the Treaty 
regarding safeguards. Having been informed of  this possible incompatibility, the Member 
State concerned renounced its not ification and went again into  negotiations with the third 
party. It notified subsequently an amende d draft agreement which was acceptable. 
In another case, several clauses of a notified draft ag reement seemed to be incompatible with 
provisions of Treaty Chapters 6 (on supplies,  including the Euratom Supply Agency), 7 (on 
safeguards) and 9 (on the nuclear common mark et). Having been accordingly informed, the 
Member State concerned accepted the DG TREN arguments and renounced its notification, 
discontinuing the conclusion of the agreement in the terms it was notified. 
– Notifications under Article 105 of the Euratom Treaty 
Under Article 105 (which is also part of th e Treaty Chapter on external relations), new 
Member States communicate to  the Commission, within 30 days  from their accession to the 
EU, the agreements or contracts they may have  concluded with a third party prior to their 
accession. 
The two States, Bulgaria and Romania, which acceded on 1st January 2007 notified, as 
required, their contracts and agreements; these were checked and, with one exception, grandfathered. 
5.1.2.9.2  Transports 
5.1.2.9.2.1  Road transport 
– Working time in road transport 
 
EN 84   EN The Commission lodged proceedings against elev en Member States for not having adopted 
the necessary legislation transpos ing Commission Directive 2006/22/EC91 on the 
implementation of European social legislation relating to road transport activities by 1 April 2007. Six cases were resolved in th e course of the year with fi ve still pending at the end of 
2007. The Directive provides for a tripling of th e number of checks on compliance with the 
rules on driving time and rest periods progr essively until 2010. More over, it requires a 
minimum number of joint checks between enforcem ent authorities of different Member States 
each year, a better coordina tion and cooperation between en forcement, joint training 
programmes, standard equipment levels and th e establishment of electronic information 
exchange systems.  
As regards working time the Commission contin ued the control of implementation concerning 
Directive 2002/15
92. Two Member States had still not notified their national implementing 
measures and were brought before the Court. The national measures of the other Member 
States were assessed and 18 had to be considered  incomplete or inaccurate. Pre-infringement 
letters were addressed to  those Member States. 
As required by the Directive the Commission prep ared a report (COM( 2007) 266) on the key 
findings of the analysis of cons equences of exclusion of self -employed drivers and of night 
time provisions in respect of road safety, conditi ons of competition, structure of profession as 
well as social aspects. The report was adopted  on 23 May 2007 and presented to the European 
Parliament and the Council as a part of the road package a dopted by the Commission. In order 
to prepare the subsequent legislative proposal fo reseen in the Directiv e, the formal impact 
assessment was launched in August 2007 with a vi ew to analyse possible policy options and 
assess their direct and indirect impacts.  
– Road charging 
During 2007, the Commission continued to verify  the national transposing measures and 
correct application of the so  called "Eurovignette Directive"93. Out of 11 infringement cases 
that were open beginning of 2007, one case was brought before th e Court and five other cases 
could be closed. 
5.1.2.9.2.2  Railway transport 
– Market access legislation 
In 2007 the Commission services started an in-d epth analysis as regards the implementation 
by the Member States of the 1st railway package adopted in  2001, focussing on Council 
Directive 91/440/EEC on development of the Comm unity's railways as amended by Directive 
                                                 
91 Directive 2006/22/EC of 15 March 2006 determines the minimum level of enforcement required to 
ensure compliance with the rules set out in Regulation (EC) nº 561/2006 (driving times and rest 
periods) and Regulation (EEC) 3821/85 (tachograph) 
92 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the 
organisation of the working time of persons performing mobile road transport activities (OJ L 080 , 23.3.2002, p. 35) 
93 Directive 1999/62/CE of the European Parliament and of the Council of 17 June 1999 on the charging 
of heavy goods vehicles for the use of certain infrastructures (OJ L 187 du 20/07/1999 p. 0042) 
 
EN 85   EN 2001/12/EC94, as well as Directive 2001/14/EC95 of the European Parliament and the Council 
on the allocation of railway infrastructure capac ity and the levying of charges for the use of 
railway infrastructure and safety certification. 
As a first step questionnaires were sent out  to all Member States in May 2007 requesting 
information about how the provisions of the Community legislation were implemented in 
national law. Following to the analysis of the an swers received, a second  enquiry was sent in 
November 2007 to ask Member States for more detailed information. 
The exercise will be on-going in 2008 with possible opening of infringement cases where it 
can be presumed that national law does not comply with Community legislation. 
– Interoperability and Safety 
In the sector of railway interoperability a nd safety, the Commission opened 18 infringement 
cases for non-communication of national implementation measures addressed to 10 Member States, concerning Directives 2004/49/EC
96 on safety of the Community's railways and 
Directive 2004/50/EC97 on the interoperability of the Eu ropean high-speed and conventional 
rail system. Most of the cases were cl osed following the notification of national 
implementation measures by the Member States. Th e Court of Justice declared the failure by 
one Member State to fulfil its obligations  under Community law for one and another 
Directives. 
5.1.2.9.2.3  Road safety 
The bulk of infringement proceedings in th is field deals with non communication of the 
transposition of legislation or the non fulfilment of re porting obligations. 
– Tunnels 
The Commission lodged new proceedings agai nst two Member States for not having 
communicated the transposition measures for Directive 2004/5498 on tunnels, one of which 
could be closed the same year. Three proceedings that had been launched in 2006 could be closed. 
The Commission further lodged proceedings for in correct application ag ainst twelve Member 
States for not having communicated the national  plans towards meeting the requirements of 
Directive 2004/54. Eleven cases were resolved in the course of the year with one still pending 
at the end of 2007. 
                                                
 
94 Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 (OJ L 75 of 
15.3.2001) 
95 Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 (OJ L 75 of 
15.3.2001) 
96 Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 (OJ L 220 of 
21.6.2004) 
97 Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending 
Council Directive 96/48/EC on the interoperability of the trans-European high speed rail system and 
Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system (OJ L 220 of 21.6.2004) 
98 Directive 2004/54/EC of 29 April 2004 on minimum safety requirements for tunnels in the trans-
European Road Network (OJ L 167 of 30.4.2004, p. 39). 
 
EN 86   EN One procedure against a Member States for failure to communicate the required information 
is still pending. 
– Professional drivers 
The Commission could close se ven proceedings for non communication of the transposing 
measures for Directive 2003/59/EC99 without further proceeding. Reasoned opinions were 
sent to eight Member States. Three Member St ates notified the transposing measures after 
having received reasoned opinions and the procedures could be closed. 
– Seat belts 
The Commission could close 5 proceedings for non communication of the transposing 
measures for Directive 2003/20/EC100 after sending letters of fo rmal notice. One procedure 
remains open. 
– Technical inspections/road worthiness 
The Commission could close five proceedings for bad application of Directive 2000/30/EC101f 
or not having communicated th e national reports on inspections performed in the period of 
2003 and 2004. 
One letter of formal notice was sent fo r bad application of  Directive 96/96/EEC102, on the 
approximation of roadworthiness tests. 
5.1.2.9.2.4  Air transport 
– Bilateral agreements 
Following the “open skies” judgments of 5 November 2002, the Commission asked Member 
States to take two measures to remedy the situ ation: grant the Commi ssion a mandate to open 
negotiations with the United States, and remove the legal problem identi fied by the Court by 
terminating existing bilateral ag reements between them and the US. Infringement proceedings 
were initiated against all the Member States that have bilateral agreements with the United States (20 countries ou t of 25). These air agreements cont ain "nationality" clauses whereby 
only national companies in the signatory countries  can benefit from the agreement, which is a 
flagrant breach of European law. The Co mmission has since concluded an open skies 
agreement with the United States in April 2007 which, once implemented, will remove the 
illegal "nationality" clauses a nd bring Member States into c onformity with European law. 
Members States are processing with their intern al procedures to ratify the agreement which 
                                                
 
99 Directive 2003/59/EC of 15 July 2003 on the initial qualification and periodic training of drivers of 
certain road vehicles for the carri age of goods or passengers, amending Council Regulation (EEC) No 
3820/85 and Council Directive 91/439/EEC and repealing Directive 76/914/EEC (OJ L 226 of 
10.9.2003, p. 4) 
100 Directive of 16 December 1991 re lating to the compulsory use of safety belts and child-restraint 
systems in vehicles (OJ L 373, 31.12.1991, p. 26) 
101 Directive 2000/30/EC of 6 June 2000 on the technical roadside inspection of the roadworthiness of 
commercial vehicles circulating in the Community (OJ L 203, 10.8.2000, p. 1) 
102 Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member Status 
relating to roadworthiness tests for motor vehicles an d their trailers (OJ L 46, of 17.2.1997, p. 1) 
 
EN 87   EN will enter info force when these internal proc edures will be achieved. For this reason the 
infringement procedures are pending accordingly. 
– Single European sky 
The main objective of the Single European Sky (SES) is to improve the efficiency of air 
traffic management (ATM) in order to avoid air traffic delays and to increase the capacity in the airspace. The main problem in Europe is fragmentation of ATM at national level. This 
legislative package comprises four elements: a regulation laying down the framework for the 
creation of SES (the "Framewo rk regulation); a regulation laying down common requirements 
for the provision of air navigati on services (the "Service prov ision regulation" ); a regulation 
on the organisation and the use of airspace in  the SES (the airspa ce regulation"); and a 
regulation on the interoperabil ity of the European ATM netw ork (the "interoperability 
regulation"). 
– Air Passengers' rights 
The Commission Communication of  April 2007 on the operation and results of Regulation 
(EC) nº 261/2004, establishing common rules on compensation and assistance to passengers 
in the event of denied boarding and of cancella tion or long delay of flights, highlighted the 
existence of a number of problems, which pr ompted DG TREN to ta ke twofold action in 
order to improve the applica tion of the Regulation. While infringement procedures were 
launched where relevant, contacts were intensifie d with stakeholders at all levels (airlines, 
National Enforcement Bodies and national author ities) and public information was enhanced. 
As a result of six months of intens ive contacts with all stakeholders: 
(7) A consensus was achieved on improved national procedures and a common 
understanding on the text of the Regulat ion. A standardised complaint form 
and a guidance document entitled Questions & Answers reflect this consensus. 
(8) Better enforcement was ensured, thr ough a pro-active approach from the 
Commission's security airport inspect ors and verificati on that national 
provisions on sanction are in place. 
(9) Fully reviewed poster and brochures we re distributed and available in 22 
official languages. 
Detailed information on these achievements is available at  http://ec.europa.eu/transport/air_po rtal/passenger_rights/information_en.htm
 
Since July 2007, Regulation (EC)  Nº 1107/2006 concerning the right s of disabled persons and 
persons with reduced mobility when travelling by air, has been partially applicable, in 
particular its provisions on equal treatment of persons affected by reduced mobility. These provisions prohibit the refusal of carriage or bookings on the basis of reduced mobility of the disabled or the elderly by an air carrier or its agent or a tour operator fo r flights from airports 
in the EU. A conference was organised in Janua ry 2008 to ensure a successful full application 
of Regulation Nº 1107/2006 as from July 2008 and to make each category of operators aware 
of the specific needs and constraints of the stakeholders concerned. A workshop with PRM 
 
EN 88   EN organisations was held to ensure that these organisations can fulfil  the responsibilities 
foreseen.  
– Air safety 
Operational requirements for civil commercial airc raft (EU-OPS) (Regulation 3922/91): DG 
TREN hosted three meetings of the Air Safe ty Committee aiming at assisting the Member 
States in the correct understanding and implem entation of the Regula tion; DG TREN treated 
three formal requests for exemptions to EU -OPS requirements; it also analysed the 
inspections of Member States conducted by the European Aviation Safety Agency (EASA) to 
assess the level of compliance with a pplicable operational requirements. 
Occurrence reporting in civil aviation  (Directive 2003/42): DG TREN completed the analysis 
of national transposition measures notified by Member States; during the annual meeting of 
the ECCAIRS103 Steering Committee, the representatives of civil aviation authorities and/or 
accident investigation bodies of the Member St ates met and discussed with the Commission's 
services to take stock of the implementation of Directive 2003/42. It gave the opportunity to 
exchange best practices and to help Member States to apply the Di rective and operate the 
exchange of safety information mandated by the Directive. 
Accident investigation  (Directive 94/56): DG TREN opened an infringement procedure for 
failure to implement correctly the Directive. 
The EC SAFA programme  (safety assessment of foreign ai rcraft) (Directive 2004/36/EC): an 
important number of ramp inspections on forei gn aircraft visiting Community airports were 
performed by the Member States, as prescrib ed under the Directive, and analysed by DG 
TREN services; three meetings of the Air Sa fety Committee served to improve and further 
develop the Programme as well as to assist th e Member States in the correct understanding 
and implementation of the Directive; DG TREN continued managing 6 infringement 
procedures for non communication of national tran sposition measures by Member States and 
proposed appropriate decisions to the Commission: one reasone d opinion was sent, 5 Member 
Sates were sent to the Court and, after analysis of the national transposi tion measures notified, 
5 of the procedures could finally be closed. Constant guidance on the implementation of the 
Directive was given to Member States as well as non-EU ECAC  States participating in the 
SAFA Programme.  
Inspections on certification and maintenance  performed by the EASA (Regulations 216/2008, 
1702/2003, 2042/2003 and 736/2006): DG TREN followe d closely the inspections conducted 
by EASA to assist the Commission in monitori ng the application of th e Basic Regulation and 
its implementing rules by the national aviation authorities of the Member States. In particular, 39 inspections were conducted as regards both initial and co ntinuing airworthiness in 2007. 
Black List
 (Regulation 2111/2005): DG TR EN contributed to the harmonised interpretation 
and implementation of this Regulation by the clar ifications and explanat ions given during the 
three meetings of the Air Safety Committee held  in 2007 and a dedicate d Workshop held in 
the European Parliament on 28 November 2007;  it also monitored the correct actual 
implementation of the rules through the Alert system set up with Eu rocontrol; in May 2007 
the Commission created a working group with Member States and representatives from 
                                                 
103 European Co-ordination cen tre for Accident and Incident Reporting Systems. 
 
EN 89   EN ECAC104 and EASA tasked to examine in detail the USOAP105 reports issued by ICAO106 
according to the comprehensive approach and ex amine the relevance of the results of such 
examination in the context of the applic ation of Regulation Nº 2111/2005. This working 
group met twice in 2007. Thanks to its work the Commission has now more concrete and solid information regarding the safety perf ormance of numerous ICAO States and in 
particular the efficiency of th e exercise of oversight by variou s civil aviation authorities. Also, 
the analysis carried out in this group has c onfirmed measures taken in the context of 
Regulation Nº 2111/2005. 
– Aircraft noise (Directive 2002/30) 
DG TREN completed the analysis of national transposition measures  notified by Member 
States, leading to close the pending in fringement case against Luxemburg. 
– Air security.  
The Commission carries out civil aviation security  inspections in all 27  Member States as 
well as in Switzerland on th e basis of Regulation (EC) No 2320/2002 of the European 
Parliament and of the Council of 16 Decembe r 2002, establishing common rules in the field 
of civil aviation security.  
Since the introduction of Community rules in  2002 and of Commission's inspections in 2004, 
compliance with Community rules on aviation security has improved. In total, up to 31 
December 2007, 117 inspections have been ca rried out: 34 inspections of national 
administrations and 83 of airports (includi ng follow-up inspections). In 2007, 10 national 
administrations and 18 airports (including follow-up inspections) have been inspected. 
In 2007, one infringement procedure was initi ated following inspection of its national 
administration and an airport situated in its territory.  
The Commission has further intensified its coop eration with the US, the outcome of which 
will be a Working Arrangement with the Transp ortation Security Administration (TSA) in the 
field of civil aviation security inspections. In addition, the preparatory work for a Memorandum of Cooperation with the Internati onal Civil Aviation Organisation (ICAO) has 
been reinforced aiming at minimizing duplica tion of efforts within the European Union. 
Every year, a report on aviation security in the European Union is published by the 
Commission
107. The report on the 2007 situation will be published in the course of 2008.  
5.1.2.9.2.5  Maritime transport 
– Port reception facilities for ship -generated waste and cargo residues 
The Commission decided to lodge a case to the Court of Justice against Germany, Spain and 
Estonia. These countries failed to respect EU legislation on the improvement of the 
                                                 
104 European Civil Aviation Conference. 
105 Universal Safety Oversight Audit Programme. 
106 International Civil Aviation Organisation. 
107  Second Report on the Implementation of Regulation (EC) 2320/2002 on civil aviation security, 
COM(2007) 542 final of 24 September 2007. 
 
EN 90   EN availability and use of port reception facilitie s for ship-generated waste and cargo residues 
(Directive adopted in 2000). In all three ca ses, Commission action was prompted by the 
insufficient implementation of the obligati on to develop, approve and implement waste 
reception and handling plans relating to all natio nal ports, including fishing ports and marinas. 
These plans are a key element in ensuring that port reception facilities made available meet 
the needs of the ships normally using the ports that their operation does  not cause undue delay 
to ships and that fair, transparent and non-disc riminatory fees are applied. Member States 
should have established and implemented waste reception and handling plans for all their ports by 27 December 2002. 
On this issue, the Commission has also en gaged contacts with France following its 
condemnation by the European Court of Justice in  December in order to ascertain whether the 
measures required by the Court were adopted by the French authorities. 
More generally, the Commission has launched a program of inspection visits to Member 
States in co-operation with the European Maritime Safety Agency (EMSA). The program 
aims at checking how the full array of the obligations contained in the Directive is 
implemented by Member States.  
Finally, non conformity issues (in particular on inspection a nd enforcement of the relevant 
legislation) led the Commission to send a reasoned opinion on por t reception facilities to 
Estonia. 
– Traffic monitoring, Port state control, ship-source pollution 
The Commission sent a reasoned opinion to Poland and Malta for incorrect transposition of 
Directive 2002/59/EC on traffic monitoring . This Directive is an essentia l part of the second 
maritime package adopted by the Community in the wake of the Erika disaster. It sets out the obligation to notify the maritime authorities, in pa rticular in case a ship is carrying dangerous 
or polluting goods. The directive also provides for the monitoring of hazardous ships and for the intervention in the event of accidents at sea.  It was deemed to be transposed by the two 
Member States on 1st May 2004 (accession date). The Commission found fault in the Maltese 
provisions dealing with the obligation to f it ships with devices such as Automatic 
Identification Systems (AIS) and Voyage Data Recorders (VDR), whilst Poland was criticised 
because inter alia of its provisions on the reporting of accidents and incidents at sea and on the notification of danger ous and polluting goods. 
On port state control, the Commission followed- up the conclusion of the first series of 20 
EMSA inspections in the Member States aimed at assessing their general implementation of Directive 95/21/EC . The Direc tive aims at reducing substandar d shipping in the waters under 
the jurisdiction of Member St ates through increased  compliance with international and 
relevant Community legislation on maritime safe ty, protection of the marine environment and 
living and working conditions on board ships of  all flags. To this purpose, the directive 
establishes common criteria for control of ship s by the port State and harmonises procedures 
on inspection and detention of  substandard ships. Member  States adopted several 
improvements to the operation of their sy stems following EMSA's inspections. The 
Commission requested EMSA's assistance to assess the impact of such improvements. 
Finally, on ship-source polluti on, the Commission sent reasone d opinions to eight Member 
States (Cyprus, Estonia, Finland, France,  Luxembourg, Malta, Po rtugal and the United 
 
EN 91   EN Kingdom) for failure to fully transpose into national law a Directive adopted in 2005. The 
Directive aims at improving maritime safety and enhancing the protection of the marine 
environment from pollution by ships. It implem ents international standards for ship-source 
pollution into Community law, defines ship-sour ce discharges of pollutin g substances at sea 
as infringements when committed with intent, recklessness or serious negligence and calls for adequate penalties to be imposed  to all persons responsible for such discharges. The Directive 
should have been fully transposed  into national law by 1 April 2007. 
– Maritime services 
In order to ensure a complete application of  the ruling of the Court regarding the maritime 
cabotage in the bay of Vigo, the Commission se nt a letter of formal notice to Spain. 
 
5.1.3 Changes Underway 
5.1.3.1  Recently adopted measures due to enter into force which may require additional 
work 
For a list of such measures pleas e refer to Annex I paragraph 2.4 
5.1.3.2  New measures due to be adopted which may require specific implementation / 
transposition work 
For a list of such measures pleas e refer to Annex I paragraph 2.5 
5.1.3.3  Volume of enquiries, complaints, infringements work and petitions, and 
prioritization among them 
Based on experience, DG TREN will keep monitoring implementation of the transport and 
energy acquis  by all available means. 
When addressing failures to comply with the EU  legislation, some cases will be pursued more 
immediately ("priority cases"). 
As a matter of principle those priority cases conc ern those files relating to the failure to notify 
transposing measures and the failure to comply  with a previous Cour t ruling (Articles 228 EC 
- 143 Euratom). 
When identifying other priority cases (on a case by case basis), DG TREN takes into 
consideration the actual effects of the infringement, and exam ines whether the infringement at 
stake can have a far reaching negative impact on: 
(a) The completion of the internal  market for transport / energy; 
(b) The safety and security of European citizens and workers; and / or (c) the sustainability of en ergy and transport policies. 
 
EN 92   EN DG TREN started end of 2007 a refl ection exercise in order to an alyse the effec tiveness of its 
model of control of implementa tion and to identify possible as pects subject to improvement. 
An Action Plan is under development that mi ght imply a reorientation of these tasks.  
 
5.1.4 Evaluation 
5.1.4.1  Energy 
5.1.4.1.1  Conventional sources of energy. 
The Community acquis concerns three main  sectors  with different profiles: 
– Provisions on security of supply 
This is a f airly stable acquis presenting a manageab le volume and nature of problems arising. 
National measures transposing Directive 2004/67 on security of gas supply were to be 
transposed by 19.05.2006 and notified to the Co mmission, including a co rrelation table, 
which is still missing today for three Member States. Delays in full implementation of the Directive are linked to the need to implement  national emergency measures, requiring action 
at two consecutive levels: Member States and market players. 
Implementation of this Directive implies a constant dialogue with Member States (in the 
framework of the Gas Coordination Group) and building crisis mechanisms. The guidance for 
the emergency mechanism at the European level is still to be developed.  
An evaluation report on this Directive is under preparation and will be part of the 2nd 
Strategic Energy Review package to be adopted in late 2008. The preliminary conclusions of 
the report show a need of streamlining the de finitions of the direct ive and explain some 
provisions. 
According to this directive, Member States define the security of gas supply roles and 
responsibilities for market play ers in the internal energy mark et, as well as the emergency 
measures. The late transpositi on has a negative impact on the functioning of the internal 
energy market, because the security of gas supp ly can not be guaranteed adequately.  Some 
threat of disruption affecting so me Member States has shown the need to have this directive 
duly implemented.  
The control of conformity of the national transposing measures is being completed with the 
information provided during national presen tations at the Gas Coordination Group.  
In this field, the recourse to regulations should be excluded, as it is necessary to take into 
account specific national provisions for each Memb er State, which faces different situation, 
i.e. from single to multiple sources and routes of supply, availability  of storage etc… In 
addition the defined security of gas supply sta ndards depend very much on climate conditions 
of Member States. 
– Internal market for electricity and gas. 
 
EN 93   EN The origins of the EC acquis on th e internal market for electric ity and gas date back to 1996 
and 1998, with changes introduced in 2003 and 2005. It  is a fairly stable  acquis which is 
however being developed, after the Commission identified a number of obstacles to the 
smooth functioning of the intern al market. Five new legislat ive proposals are therefore under 
discussion at the Council and the European Parliament. 
Several reasons may explain the de lays in transposing the Directiv es, and in particular the fact 
that Member States had to adapt the internal structures of companies that were previously 
vertically integrated, this be ing a long process that could sp read over years. Some Member 
States decided to postpone the implementation of some provisions of the directives for social 
policy reasons. As for the newest Member Stat es, they had to produce a new legislation while 
they had just transposed the ol dest provisions prior to accession. 
Transposition deadlines usually  applied in this field seem long enough to allow for timely 
implementation, taking into account that late transposition affects seriously competition at 
European level with repercussions on the energy  users, whether industrial or households. As 
long as transposition is not complete, the quasi-monopoly of the hi storical undertaking 
remains in place. Delays have also a negati ve impact on the productivity of the energy 
producers, and therefore on thei r capacity to further invest on production or transport. 
Community legislation in this field is also  made of a number of regulations, whose 
implementation in the different Member States is however difficult to assess. The 
Commission's services are ther efore putting in place, in c oordination with the national 
regulators, a verification process based on nati onal inspections. Appropriate conclusions will 
be drawn and action will be taken where necessary. 
– Oil and Coal 
As regards coal, the ac quis under our responsibility can be c onsidered to be a fairly stable 
legislation with a manageable vo lume and nature of problems. 
Oil sector represents also a stable legislatio n with some policy developments and identified 
problems. 
Recent enlargements have not been followed by an  increase of staff as would be needed to 
ensure a uniform and systematic control of appli cation of the legislation, especially regarding 
oil stocks and hydrocarbon licensing. Concerni ng more specifically th e legislation on oil 
stocks, successive enlargements have also considerably increase d the opportunities for 
Member States to conclude intergovernmental ag reements and thus for industrial operators to 
rely on contractual arrangements (or "tickets") to comply with their stockholding obligations, 
which has rendered control activities a lot more complicated themselves.  
5.1.4.1.2  Renewable sources of energy 
Legislation on renewable source s of energy represents a new acquis with significant policy 
developments. The main instruments are Direc tive 2001/77/CE on the prom otion of electricity 
produced from renewable energy s ources in the internal electr icity market and Directive 
2003/30/EC on the promotion of the use of biofue ls or other renewable fuels for transport. 
Late transposition of some of the elements of the directives was usually due to lengthy 
legislative procedures combined with a lack of  political decision (decisi on on midterm targets, 
 
EN 94   EN support scheme). In some cases, detailed rules for transposing key provi sions were left to 
secondary legislation (e.g. issuance of gua rantees of origin), not put in place. 
These directives set political  targets for renewables for 2010. All the relevant legal  
instruments contribute to reach these targets, so  the implementation is dynamic. Trends can be 
observed and judged if they refl ect the appropriate measures fo r target achievement or not. 
Late transposition therefore makes it more difficu lt to reach targets as it creates uncertainty. 
Environmental objectives (share of renewable energy sources in transport and electricity 
consumption limiting polluting technologies and GHG emissions) will also be more difficult 
to reach. 
A risk-based assessment of conformity was ca rried out, by a selective check of the most 
important provisions for indivi dual Member States (based on  renewable energy deployment 
and development not in line with objectives); follow-up is based on complaints and Member 
State reporting. 
Given the differing nature of renewable en ergy markets, of support regimes and policy 
frameworks in the different Memb er States, a directive is an appropriate instrument, rather 
than a regulation. 
5.1.4.1.3  Energy efficiency 
Legislation on energy efficiency represents a fairly new legisla tion and in a crucial phase of 
their implementation with sign ificant policy developments. 
It is based on the following legislative pillars: Directive 2002/91/EC on the energy 
performance of buildings, Directive 2004/8/EC on the promotion of cogeneration based on a 
useful heat demand in the internal energy market, Directive 2006/32/EC on energy end-use 
efficiency and energy services, Directive 2005/ 32/EC establishing a framework for the setting 
of ecodesign requirements for energy-using pr oducts and Directive 92/75/EEC on the energy 
labelling of household appliances.  
While being relatively new Directives (excep t for 92/75/EEC), which have been recently 
transposed, some provisions need already furt her clarification and deepening. This is for 
instance the case of the Directive on energy perf ormance of buildings, re casting of which will 
be proposed in late 2008. Evaluation of the s ubsequent legislation could take place in 2010. 
Regarding the Directive on cogeneration, a calcul ation method which is crucial for its further 
implementation by the Member Stat es is being finalised in the Comitology process. Deadlines 
for the implementation of the Directive on energy end-use efficiency and energy services have just expired. The results of the reporting obligat ions of the Member States with the National 
Energy Efficiency Action Plans are under evalua tion. The first results hereof are expected 
during autumn 2008 and the full assessment of th is Directive is foreseen in 2009. Eventual 
modifications or supportive actions  will be considered afterwards. 
Concerning in particular the Directive estab lishing a framework for the setting of ecodesign 
requirements for energy-using products, a numbe r of execution measures are being prepared, 
which will be adopted in the form of Commi ssion's regulations in the coming years. An 
evaluation will be possible around 2010 as the firs t implementing measures will enter into 
force in 2009 and the first requirements will be applicable one year later. 
 
EN 95   EN As a rule, no late transposition is acceptable because late transposition implies the lack of a 
legislative/regulatory framework at Member St ate level for the application of the upcoming 
implementing measures, and as a matter of cons equence a negative impact on the functioning 
of the internal market, on consumers at the EU , and on the achievement of the goals fixed for 
increasing the energy efficiency of the European economy. 
However, specific circumstances may justif y a certain delay in the Member States' 
transposition. This is for instance the case with the Cogeneration Directive. Committee 
discussions on the establishment of a cruc ial calculation methodology have delayed the 
implementation of some of the clauses of th e Directive. Although the delay in fixing this 
methodology may have a market impact by not  sufficiently supporting high efficiency 
cogeneration, the benefits of globally accepte d methodology outweigh the inconvenience of a 
disputed methodology in place. This does not pe rmit the Member States, however, to ignore 
unrelated obligations, such as reporting, which are monitored and will be followed by 
appropriate action. 
Introducing correlation tables in which the Members States indicate themselves which 
national measure implements which article of th e Directive, would be an important help to 
facilitate the monitoring of the implementation of the acquis. Especially in Member States 
that are composed of regions with legislative power, correla tion tables could be a vital 
instrument for the follow-up of implementation. The introduction of an obligation to submit 
correlation tables is thus  an absolute priority. 
The assessment of all national transposing m easures legislation is  performed by DG TREN 
services, partially in cooperation with the Join t Research Center and with the Directorate 
General for Enterprise and Industry. 
5.1.4.1.4  Euratom acquis 
The Community acquis  on Radiation Protection constitutes a consistent, fairly stable 
legislative framework in permanent evolution, with Directive 96/29/Eura tom, laying down the 
Basic Safety Standards, as pr incipal piece of legi slation, as supplemented by more than 25 
instruments of both binding and non -binding nature, covering all the fields of application of 
ionising radiation, such as th e medical exposures, the informa tion of the public in case of 
radiological emergency , the protection of so -called « outside workers » or the import 
restrictions to contaminated foodstuffs and feedingstuffs among others. The Basic Safety 
Standards Directive is in the process of bei ng modified based on the latest recommendations 
of the International Commission on Radiation Protection, and a proposal for a new Directive 
is expected in 2010, integrating as much as po ssible the provisions of several complementary 
directives. 
Member States notified the national transposi ng measures for Directive 2003/122/Euratom, on 
the control of high activity seal ed radioactive sources at the stage of drafts. Control of 
conformity was carried out at that stage, unde r Article 33 of the Eura tom Treaty, within a 3-
month-deadline from notification required by this  Article. In a majority of the cases, Member 
States were not able to meet the transposition deadline, which was mainly due to the difficulties in transposing into national law the requirements on financial guarantees imposed 
by the Directive in very genera l terms as a result of long nego tiations at the Council. This 
gave rise to different  national approaches. 
 
EN 96   EN Transposition work is ongoing for Direc tive 2006/117/Euratom on procedures for the 
shipment of radioactive waste an d nuclear spent fuel, which is due  to be transposed by end of 
2008. Significant policy developments are expected before the end of 2008, as foreseen in the 
Directive itself, in particular through the definition of criteria  allowing Member States to 
forbid shipments to a given Member State, as well as recommendations for a secure and 
effective system of transmission of documents  and information. In the field of radiation 
protection, where Community acquis largely reflects the latest st and of scientific knowledge, 
the directive and recommendation instruments have  been traditionally privileged, but there are 
also a number of regulations and decisions. In view  of the very detailed nature of some of the 
Directives (in particular the provisions on shipments - Direc tive 2006/117, replacing Directive 
92/3) a regulation might have been more appropri ate, but has historically been refused by the 
Council. 
This radiation protection fr amework should be completed in the medium term by a 
Community framework on nuclear safety, whic h has been claimed by the Commission for 
decades now. In parallel to th is, the so-called “nuclear ener gy revival” will need to be 
accompanied with appropriate measures, possibly harmonising the nuclear liability regimes or through deregulation or new internal  market legislation,  as well as with an  increase of the 
resources allocated.  
 
5.1.4.2  Transport 
5.1.4.2.1  Land Transport 
Land transport legislation represents in gene ral a stable acquis in development, with a 
manageable volume and nature of problems arisi ng, and presenting specificities in each of its 
five sectors: 
5.1.4.2.1.1  Road transport 
Three main Directives under development will require a special attention in 2008 and beyond: 
- Directive 2002/15, on the organisation of worki ng time of persons performing mobile road 
transport activities, as a cons equence of the outcome of the control of conformity of the 
transposing measures and conclusions drawn so far. 
- Directive 2006/22/EC, determining the minimu m level of enforcement for the European 
provisions on driving times and rest periods, and on the use of tachograph.  
- Directive 96/26, on admission to the occupation of road haulage opera tor and road passenger 
transport operator and mutual recognition of di plomas. This Directive is part of the road 
package currently being revised and discusse d at the Council and European Parliament. 
- Directive 1992/62 on the on the charging of heavy goods vehicl es for the use of certain 
infrastructures ("Eurovignette"), as amended by Directive 2006/38, due to be implemented by 
10th June 2008. Correct transposition will be checked, and an evaluation of the application of new rules is expected by end 2008. 
 
EN 97   EN Control of implementation in this field is carr ied out internally by the Commission's services, 
with additional assistance of external consulta nts, as it was the case of the working time 
Directive. It represents a c onsiderable time-consuming task, requiring appropriate resources. 
5.1.4.2.1.2  Railway transport 
 Rail legislation, both in the market access and in teroperability fields re presents a relative new 
acquis with significant policy developments to be implemented and applied. Since its adoption, a number of difficulties arouse wi th its implementation, implying a permanent 
evolution in recent years (rail legislation de veloped since 1991 includes a total of three 
packages of legislative measur es adopted in 2001, 2004 and 2007). 
Aware of the difficulties encountered by Member States in implementing the relevant acquis, 
the Commission's services have undertaken a progressive appro ach to control of 
implementation, by addressing in a first stag e conformity issues related to the 1
st Railway 
Package (Directive 91/440, as amended by Di rectives 2001/12 and 200 1/14). In the short 
term, the Commission interest will focus on re dressing points of non c onformity with these 
directives. In the medium term, action will cove r  the compliance with the second package, 
and the transposition of the provisions third railway pa ckage (Directives 2007/58 and 
2007/59, to be transposed by June and December 2009). 
5.1.4.2.1.3  Road safety.  
European provisions in this field represent a fa irly stable acquis in pe rmanent development for 
those aspects that need to be adapted to technical progress. 
The Commission's control of implementation in the short and medium terms will concentrate 
on the following pieces of legislation: 
– Directive 2000/30/EC on the technical road side inspection, which imposes a yearly 
reporting obligation to the Memb er States, and the obligation for the Commission to report 
every 2 years, based on the informa tion provided by the Member States 
– Directive 2003/59/EC on the initial qualification and periodic training of drivers, to be 
applied from 10.09.2008 for the initial qualifica tion of categories D1, D1+E, D and D+E, 
and from 10.09.2009 for initial qualification of  categories C1, C1+E, C and C+E.. The 
Commission is expected to report by 10.09.2011 on the im plementation of these 
provisions. 
– Directive 2004/54/EC on minimum safety requirements for tunnels in the Trans-European 
Road Network. Member States are expected  to report to the Commission on fires and 
accidents in tunnels by 30.09.2008, and on their implementation plan by 30.10.2008. The Commission shall report on ri sk analysis practices by 30.04.2009 based on the information 
provided by the Member States. 
– Directive 2006/126/EC on driving licences, reca sting Directive 91/439 as amended by four 
directives, which is meant to be transposed  by January 2011 and applied as from January 
2013. A possible evaluation will ta ke place as from mid 2013. 
– Directive 2007/38/EC on the retrofitting of mirro rs to heavy goods vehicles registered in 
the Community, to be transposed by 06.08.2008. The Directive foresees that by 31.03.2009 
 
EN 98   EN all vehicles shall be equippe d with improved devices for in direct vision. Th e Commission 
is expected to report on the implementati on by 06.08/2011, together w ith a study on blind 
spot accidents covering all vehicles and costs incurred, with the aim of improving road safety. 
– Directive 96/96/EC, relating to roadworthine ss tests, which is currently under recast. 
5.1.4.2.1.4  Transport of dangerous goods  
The relevant legal framework is defined by re gional, national, Community and international 
(UN) provisions. At Community level, there are four pieces of EU le gislation applicable: 
Directive 94/55/EC on the approximation of the laws  of the Member States with regard to the 
transport of dangerous goods by road;l Directive 96/49/EC on the approximation of the laws 
of the Member States with regard to the tr ansport of dangerous go ods by rail; Directive 
96/35/EC on the appointment and vocational qualif ication of safety advisers for the transport 
of dangerous goods by road, rail and inla nd waterway; and Directive 2000/18/EC on 
minimum examination requirements for safety a dvisers for the transport of dangerous goods 
by road rail or inland waterway. These Directives are regularly adapted to the revisions of the 
relevant international agreements, requiring th e full translations of voluminous technical 
annexes. The new Directive under discussion at the Council and Parliament will substantially simplify the Community law, by covering all thr ee modes of transport (road, rail and inland 
navigation), and by making reference the pr ovisions of the relevant “international 
agreements”, instead of reproducing their provisi ons. The simplification of this legislation is 
expected to make the enforcement of the pr ovisions both simpler and more equitable. Its 
implementation will be assessed in due time, and in particular as far as national derogations 
are concerned. 
5.1.4.2.1.5  Legislation on logistics, innovation and co-modality 
Council Directive 96/53 on maximum authori zed dimensions and maximum authorized 
weights for heavy goods vehicles and buses has been in place for 12 years. Transposition is 
complete and there are no outstanding issues. A study is under way to assess the need for a possible updating of the directiv e in order to reflect technolog ical progress since 1996 as well 
as to enhance harmonisation and raise the effici ency of heavy goods vehicles. As for, Council 
Directive 92/106 on combined tr ansport of goods, a Commission's report to th e Council is 
expected in 2009, focussing in pa rticular on the economic devel opment of combined transport 
and the application of Community law in this area. 
5.1.4.2.2  Air transport 
Community legislation on air transport is mainly made of regulations and case-law, and  
constitutes a fairly stable and manageable ac quis which is in devel opment, with the ongoing 
proposal to amend several Regul ations dealing with differen t aspects of the air traffic 
management. 
The internal market for air transport, achieve d in three stages in the 90's, removed all 
commercial restrictions for stakeholders within  the EU. But the experience of the last decade 
has shown that some measures of the “third package” consisting of Regulations (EC) No 
2407/92, 2408/92 and 2409/92 of 23 July 1992 pert aining to operating li cences, the right to 
 
EN 99   EN operate air services within the EU and the pricing of such services are either not 
homogeneously applied or need to be clarified or revised. 
Discussions are ongoing for the adoption of a reca sting regulation that will update and modify 
these three regulations. The pr oposal is expected to be adopted mid 2008 and aims at 
increasing market efficiency, enhancing safe ty of air services and improving passenger 
protection by ensuring a consistent application of  EU legislation in all EU Member States and 
a true level playing field for all EU airlines. By removing obsolete measures, the application 
of the rules should be facilitated.  
Considerable work is also expected as from  September 2008 concerning the notifica tion of the 
national transposing measures for Direc tive 2006/23/EC on the Community Air Traffic 
Controller Licence, due to be transposed by 18th May 2008. 
Passengers rights  
Regulation (EC) No 1107/2006 con cerning the rights of disabled persons and persons with 
reduced mobility when travel ling by air becomes fully appli cable in July 2008 and offers 
persons with reduced mobility non-discriminati ng access to air transport by means of four 
basic rights: accessibility, non-discrimi nation, assistance and information.  
The adoption of this Regulation raised expectat ions of passengers with reduced mobility. A 
close follow up of the application of this regulation will be n eeded (similar to the 
Commission's efforts on the ge neral regulation on passenger rights), as a number of 
difficulties could already be identified. While the necessary assistance is in general available, 
these measures might not be free-of-charge ev erywhere and area-wide available. National 
Enforcement Bodies shall be established by the Member States to ensure that the provisions 
are applied on their territory. 
The Commission is active by following up th e conclusions of the plenary European 
conference of January 2008, that prepared to better implement the Regulation. It will be 
particularly alert to difficulties iden tified and to feed-back from citizens. 
A European framework protecting the rights of  passengers in general, and of those with 
reduced mobility in particular, is under deve lopment by covering other means of transport. 
Regulation Nº 1371/2007 on rail passe ngers’ rights and obligations was adopted as a part of 
the 3rd Railway Package and will be applicable as from October 2009. 
Relevant Commission's proposals ar e also being prepared in th e maritime and coach sector. 
5.1.4.2.3  Maritime transport 
The maritime acquis is generally fairly recent a nd subject to considerable developments (see, 
for instance, the current III Package on maritime safety). It contains: 
– Texts which are fairly stable and origina ting a manageable volume of problems (i.e. 
Regulation "double-hull" ((EC) n° 417/2002), Directives on passenger ships (98/18/EC), 
fishing vessels (97/70/EC), electroni c road toll systems (2004/52/EC);  
 
EN 100   EN – Texts in development (not expected to be c ontroversial), like current directives on port 
State control (95/21/EC), classification soci eties (94/57/EC) and por t reception facilities 
(2000/59/EC)); 
– New texts or significant policy developments to be implemented (i.e. III Package proposals 
currently in 2nd Reading on acc ident investigation, traffic monitoring and the Athens 
Convention, Commission Decision (in prep aration) on the European Electronic Toll 
Service – evaluation by 2012); and 
–  Texts which are subject to problems causing concern and requiring particular attention 
(directive on ship-source pollution (2005/35/EC ), III Package proposals on civil liability 
and "flag"). 
The most important causes of late transposition in this sector, are insufficiencies in Member 
States' legislative and administra tive procedures, in pa rticular low political  prioritisation, lack 
of resources and cumbersome formalities. This  is all the more the case in Member States 
where competences are regionalised. When the issu e is particularly comp lex or new, services 
endeavour to provide Member States with add itional clarification of the rules adopted by 
Council and Parliament. EMSA's assistance in th is type of exercise is most valuable.  
Repercussions of late transposition vary signi ficantly: in the maritime safety area, however, 
late transposition is potentially most detrimental to citizens' safety and the protection of the 
environment.  
Concerning the control of the conformity of national transposition measures, DG TREN faced 
some constraints which do not allow for a sy stematic, detailed control of all national 
measures. In the area of maritime safety, we have concentrated our efforts on key directives (port State control, port reception facilities, classification societ ies and traffic monitoring) in 
accordance with multi-annual progra mming. Translation constraints have a significant impact 
on conformity checking exercises. 
Inland waterways : Community acquis had considerable recent developments. Directive 
2005/44/EC regarding River Information Services  (RIS) introduced new acquis, establishing 
the basis for the harmonised implementation of River Information Services (RIS) on inland 
waterways in the Community. A first evaluation of the application of the new rules is under 
preparation for the fourth quarter of 2008. W ith Directive 2006/87/EC , laying down technical 
requirements for inland waterway vessels, signifi cant new acquis has been established in the 
area of inland waterway transport now ruling on all EU waterways without exception. The 
Directive and its comprehensive approach to the safety of inland navigation will have to be 
implemented by end of 2008. A first overall eval uation on the application of the new acquis 
will be possible by the end of 2009. 
 
5.1.5 Overall conclusion 
Given the number of recent pieces of legisl ation and ongoing proposals, an increased amount 
of resources will be concentrated on the different tasks related directly or indirectly to control 
of implementation. 
 
EN 101   EN As in the past, all enquiries, complaints, infr ingement cases and petitions will be paid due 
attention. Work patterns might  however be modified, base d on the guidelines of the 
forthcoming Action Plan, and other external elem ents, like the launching of a pilot project at 
Commission's level implying a more active role of Member States in the assessment of 
complaints. 
The fact that DG TREN mana ges a mostly new Community acquis  in constant evolution 
implies an increasing effort from all parties in  ensuring, first, that the national legislative 
frameworks duly reflect the evolutions, and, then, that the relevant legislation is applied by all 
stakeholders and enforced by the national authorities at the appropriate levels.  
DG TREN applies a "0 – tolerance" policy on la te transposition, as this is the natural 
consequence of the priority treatment of th e failure by Member States to transpose 
Community Directives, as confirmed by th e Commission communication "A Europe of 
Results – Applying Community Law" of 4 September 2007. 
While transposition deadline might be reduced in the case of Commission Directives 
introducing purely technical ch anges, current transposition deadlines seem appropriate. 
Prolonging them would not necessarily guarantee  a timely transposition. One cause for delay 
is the difficulty in transposing provisions resulting from comp romises in inter-institutional 
discussions, National administratio ns could start preparing the na tional procedures in parallel 
with discussions at EU level. A more direct involvement of national ex perts who will be in 
charge of transposition in the negotia tions would also be advisable.   
Well prepared correlation tables, giving compre hensive information on all relevant provisions 
of the national legislation (and not only to those that were newly adopted), are an 
indispensable tool for the management of th e Directives under the responsibility of DG 
TREN, and in particular those with a strong technical cont ent. The obligation to notify 
correlation tables to the Commissi on should be considered as duty to cooperate in the sense of 
Articles 10 EC and 192 Euratom. Making correla tion tables accessible to the public would be 
more transparent to citizens, national inst itutions and stakeholders in general. 
The choice between regulations and directives  depends essentially on the nature of the 
provisions to be adopted and on considerations of political opportunity. Texts such as those translating into Community law rules and standa rds of a technical nature already established 
at international level and which do not contai n discretionary obligations could well become 
regulations. Directives seem more  appropriate where Member Stat es situations differ widely.  
The strategic importance of th e energy and transport sectors for securing a sustainable and 
competitive future for Europe is increasingly being recognised. The Commission’s challenges are considerable in these fields in the year s to come, with many pieces of Community acquis 
in development, which will require major effort to be able to face the workload and the level 
of responsibilitiy.  
The ambitious EU policies brought forward by th e Commission in the fields of energy and 
transport would loose any cred ibility should the Commissi on disregard its function as 
watchdog in the many perspectives th is role is carried out today. 
 
 
EN 102   EN 6 ENVIRONMENT 
6.1.  General overview 
The European environmental legislation is ba sed on Articles 174-176 of the EC Treaty. Over 
several years, the EU has established a compre hensive system of environmental protection by 
adopting of more than 200 pieces of legislation.  The areas covered range from noise to waste, 
from protection of rare species to limits on ai r pollution, and from standards for bathing water 
to emergency responses to environmental disast ers. That more than 20 % of all Commission 
enforcement dossiers are devoted to the environmen t reflect the specific factors relevant to EC 
environmental law i.e the extent and complexity  of environmental legi slation, the need to 
ensure that this acquis  is respected in a wide diversity of natu ral conditions, and, in particular, 
the high level of public interest. 
In the environment sector, the total number of  open cases at the end of 2007 was 739. In 2007, 
461 new cases were opened, out of which 113 we re complaints submitted by citizens and non-
governmental organisations. In addition to the high number of complaints highlighting 
potential breaches in EC environmental legi slation, the Commission services have been 
receiving an increased number of enquiries on issues relate d to implementation. The high 
degree of external interest is also reflected  in the number of par liamentary questions and 
petitions submitted to the Committee on Petitions of the European Parliament. The 
environment accounts for about 10% of all parliamentary questions put to the Commission 
and the environment is currently the main subject in 35% of the petitions handled by the Petitions Committee. In 2007, the Commission re ceived 146 petitions and more than 800 
written and oral parliamentary questions con cerning issues related to the field of the 
environment. 
Enquiries, including complaints, parliamentary que stions and petitions concern varied issues 
such as problems with environmental impact assessment procedures related to construction 
projects or urban building, non respect of provisions of natu re directives, groundwater and 
drinking water pollution, air and noise pollution in  cities, lack of effective waste management 
measures and issues related to access to information concerning environmental matters. 
Managing the high number of environmental ca ses is in itself a challenge. The Commission 
has sought to manage its case-load more ef fectively by targeti ng on a priority basis 
particularly serious categories of breaches. In addition to the two priorities identified in the 
communication 'A Europe of Results' (lack of transposition of EC di rectives and lack of 
execution of rulings of the European Court of Ju stice), in the environmen t field there are four 
categories of breaches raising issues of principle or having far-reaching negative impacts on citizens and the environment: 
Bad transposition of directives presenting a si gnificant risk for correct implementation of 
environmental rules; 
Systemic breaches of environmental protec tion requirements, such as broad-scale 
contraventions to environmental quality st andards or to obligations relating to the 
development of environmental infrastructure; 
Breaches of core, strategic obligations under EC  legislation such as those concerning the 
designation of Natura 2000 sites or the adoption of na tional allocation plans for emissions of 
greenhouse gases; 
 
EN 103   EN Breaches concerning big infrastructure projects or interventions involving EU funding. 
At the same time, the Commission has taken m easures to better handle  other cases of bad 
application of EC environmenta l law by "horizontalising" its approach to problems, i.e. by 
tackling them at a more strategic level. By wa y of example, this approach is allowing the 
Commission to address lack of waste-water trea tment facilities in a far higher number of cities 
and the presence of illegal landfills in a far higher number of places than would have been 
possible if it had only focused on individual failures. In 2008-2009, the Commission will 
continue to pursue its horizontal approach and fu rther intensify its efforts to address the high 
number of individual cases concerning, for exam ple, nature conservation, impact assessment 
and waste issues.  
Other practical measures put in place by the Commission to improve implementation of EC 
environmental law include the establishment of implementation task forces. The work of the implementation task forces has resulted in th e identification of a comprehensive set of 
proactive measures to foster implementation of nature, air, waste, water and impact 
assessment legislation, being the five sectors with  the highest number of open cases. The task 
forces have been working primarily on the el aboration or updating of implementation action 
plans, including the identification and deve lopment of proactive measures to improve 
implementation, and the definition of priority-s etting criteria for the handling of cases and 
infringements.  
In order to better monitor progress in lega l enforcement work, DG Environment has also 
developed an internal monitoring tool (a 'table au de bord' listing for all open cases the last 
useful decision and the proposals expected for the following six months). This internal tool is 
used as the basic information system to mon itor progress of open cases on a quarterly basis. 
The quarterly review allows DG Environment mana gement to analyse the sectoral distribution 
of cases and to measure performance of le gal enforcement action against a set of pre-
determined quantitative indicators. 
Concerning more specifically th e transposition of directives, quite a number of them, have a 
transposition deadline in 2008- 2009 and will require additi onal work. The Commission has 
recently developed a systematic methodology fo r monitoring the transposition of all new 
environmental legislation. Within this context, a transposition action plan will be drawn up for 
each directive as a first step. This plan will follow a risk-based approach which will focus on the content of the directives concerned and the risks of bad transposition. The transposition 
action plan will include the actions to be undertaken in the time available between the 
adoption of a directive and the expiry of the tr ansposition period. It will  also include specific 
information how the conformity checking will be  carried out, adoption of a timetable for the 
conformity checking and the launching of subsequent non-conformity cases.  
In the time available between th e adoption of a direc tive and the expiry of the transposition 
period, the Commission will mon itor progress and assist Member States in the transposition 
by a combination of different means such as meetings or workshops for each directive, 
preliminary analysis of draft legislative measures, advice on certain specific points and 
drawing up of guidance on the inte rpretation of certain provisions. For directives with close 
transposition date, a decision will be taken on a case by case basis on what can reasonably be 
done before the expiry of the transposition peri od. The aim is however to have at least one 
meeting with Member States during the transposition period. 
 
EN 104   EN Once the full transposition by a Member State is received, the conformity checking will be 
launched. The conformity checking of the transp osition measures is planned within 6 months 
from the publication of the tran sposition measures, in order to, whenever necessary and on the 
basis of a risk-assessment, launch non-conformity  cases and refer them to the European Court 
of Justice within 2 years. 
 
6.2.  Analysis by sector 
6.2.1  Nature Conservation 
6.2.1.1  Current position 
The most important pieces of nature conser vation legislation are the Birds Directive, 
79/409/EEC108 and Habitats Directive, 92/43/EEC109. The former sets out measures for the 
protection, management and control of all species of naturally occurring European wild birds, 
as well as introducing rules to protect their habitats. The latter protects natural habitats and 
wild flora and fauna throughout the European Union and establishes a European ecological 
network known as “Natura 2000”. 
Work in 2007 It should be stressed that, in November 2007, the Commission adopted a new Community list 
of Sites of Community Importa nce (Pannonian region) and update d Community lists of Sites 
of Community Importance for seve ral other biogeogr aphical regions
110, which have 
significantly extended the Natura 2000 network. The total area of Natura 2000 is now 
809 811 km² and includes 24 524 sites. 
Main infringements in 2007  
Non-conformity with the Bi rds and Habitats Directive 
In 2007, the Commission followed infringements dealing with non-conf ormity of national 
transposing legislation with  the Birds and Ha bitats Directive. In 2007, as regards the Birds 
Directive, second warning letters were sent to  two Member States. As regards the Habitats 
Directive, a second warning le tter was sent to one Member  State, while the Commission 
decided to refer two Member States to  the European Court of Justice.  
In 2007, the European Court of Justice considered that Aust ria had failed to correctly 
transpose the Birds and Habitats Direc tives (Case C-507/04 and Case C-508/04).  
Designation of Special Protection Areas 
                                                 
108 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds  OJ L 103, 25.4.1979, 
p. 1-18.  
109 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna 
and flora OJ L 206, 22.7.1992, p. 7–50.  
110 http://ec.europa.eu/environmen t/nature/natura2000/sites_hab/biogeog_regions/index_en.htm  
 
EN 105   EN Under the Birds Directive, Member States are obliged to designate all of the most suitable 
sites as Special Protection Areas to conserve w ild bird species. The designation must be based 
on objective, verifiable scientific criteria. To  assess whether Member States have complied 
with their obligation, the Commission uses the best available ornit hological information. 
Where the necessary scientific information pr ovided by Member States is lacking, national 
inventories of Important Bird Areas (IBA)  compiled by the non-governmental organisation 
Birdlife International, are used . While not legally binding, th e IBA inventory is based on 
internationally-recognised scient ific criteria. The Court of Ju stice has already acknowledged 
its scientific value, and in cases where no equiva lent scientific evidence is available, the IBA 
inventory is a valid basis of reference in asse ssing whether Member States have classified a 
sufficient number and size of terr itories as Special Protection Areas. 
In 2007, the Commission sent first written warnin gs to Cyprus, the Czech Republic, Slovakia, 
Hungary, Latvia, Lithuania, Malta and Slove nia for failing to designate enough Special 
Protection Areas on their territory. The number a nd/or the size of protected areas selected by 
these eight Member States are insufficient comp ared with the list in the IBA inventory. Also 
in 2007, the Commission took Austria, Germany a nd Poland to the Court of Justice for failing 
to designate sufficient Special Pr otection Areas on their territory. 
In 2007, the ECJ declared that the SPA networ k in Spain, Greece and Ireland was insufficient 
(Case C-235/04, Commission v Spain, Case C-334/04, Commission v Greece and Case C-
418/04, Commission v Ireland). 
Development in Rospuda Valley, Poland 
In February 2007, the Polis h authorities gave the green light to start construction work on 
bypasses in important nature sites in the Ros puda river valley (Puszcza Augustowska) and in 
Puszcza Knyszynska in north-eastern Poland. Th e sites concerned are a Special Protection 
Area designated under the Birds Directive and th ey should also benefit from protection under 
the Habitats Directive on account of their rare habitats. Concer ning the damage that would be 
done to primeval woodland and other natural hab itats of European importance as a result of 
the imminent construction of the Augustow bypa ss (a part of the Helsinki-Warsaw road 
corridor in the North-East Poland), the Comm ission  accelerated an existing infringement 
procedure against Poland by sending it a final warn ing letter. On the basis of an insufficient 
reply from Poland, the case was reported to the Court of Justice (Case C-193/07). The 
Commission used the instrument of an interi m measure, under Article 243 of the EC Treaty, 
in its application to the Court in order to a void irreversible imminent  damage to protected 
sites. The request for an interim measure was withdrawn when Poland agreed to halt the 
relevant works pending a Court of Justice judgment of the case. 
Illegal Bird Hunting 
Hunting is regulated in the European Union by the Birds Directive.  Although the Directive 
contains a general prohibition on the killing of wild  birds, it does allow certain species to be 
hunted provided this does not take place dur ing the breeding season or migration preiods. 
Hunting periods are set at national levels, an d vary according to species and geographical 
location. Exceptionally, Member States may allow the capture or killin g of birds covered by 
the Directive outside of the normal hunting se ason for a limited number of reasons, although 
such derogations are only available wh en there is no alternative solution. 
 
EN 106   EN The European Commission sent a final warning letter to Malta for allowing the hunting of 
certain species of birds in breach  of EU legislation. Currently, laws in Malta allow the hunting 
of the birds during spring, a key period for migr ation and breeding. In taking this step, the 
Commission  asked Malta to bring its rules on hun ting into line with the Birds Directive. The 
final written warning to Malta, which follo wed the first written warning in July 2006, 
concerns the hunt ing of quails ( Coturnix coturnix ) and turtle doves ( Streptopelia turtur ) 
during spring.  
Following the decision of Cyprus to grant a de rogation allowing for the spring hunting of 
Streptopelia turtur (turtle dove) on 6 and 9 May 2007, the Commission sent a first written 
warning in June 2007. As the Cypriot authoriti es announced that the derogation allowing for 
the spring hunting of turtle d oves would not be renewed, the Co mmission decided to close the 
case in October 2007. 
In December 2007, the Commission has also closed an infringement case  against Finland in 
relation to spring hunting. 
Species protection 
In June 2007, the Court of Justice declared in Case C-342/ 05 that, by authorising wolf hunting 
on a preventive basis, without being specifically  justified by the need to prevent serious 
damage within the meaning of Article 16(1)(b) of the Habitats Directive, the Republic of 
Finland had failed to fulfil its obligations under Ar ticles 12(1) and 16(1)(b ) of that directive. 
In 2007, it was possible to close two infringements under Article 228 against Greece. The 
infringements concerned with the protection of Caretta caretta  (Case C-103/00) and Milos 
Viper  (Case C-518/04). Greece has adopt ed and implemented an adequate legal framework to 
ensure the strict protection of these species in accordance with Article 12 of the Habitats 
Directive. 
A guidance document on the implementation of Ar ticles 12 and 16 of the Habitats Directive 
was published in 2007 (Guidance on Hab itats Directive Articles 12 and 16)111.  
Further judgments of the Court of Justice in 2007  
The Court delivered several rulings in relation to  the implementation of Article 6(3)-(4) of the 
Habitats Directive concerning respectively, the assessment of implications of certain plans 
and project on the site and the compensatory  measures, (Case C-388/05, Case C-304/05, Case 
C-179/06). Those rulings are based on the Wa ddenzee case-law (Case C-127/02) and provide 
further clarification on the interpretation of Artic le 6(3)-(4), which is a key provision of the 
Habitats Directive. 
As regards the concept of a ‘plan’, the Court clar ified that it must be “more than at the stage 
of preliminary administrative re flection and carry a de gree of precision in the planning in 
question which calls for an environmental as sessment of their effects” (Case C-179/06, 
paragraph 41). 
                                                 
111 http://ec.europa.eu/environment/nature/conservation/species/guidance/index_en.htm  
 
EN 107   EN As regards the obligation for an assessment, the Court recalled that “the environmental 
protection mechanism provided for in Article 6(3) of the Direct ive requires that there be a 
probability or a risk that a plan or project will have significant effects on the site concerned” 
(case C-179/06, paragraph 33). In this regard, th e Court considers that “under Article 6(3) of 
Directive 92/43, then, it is for the Commission to furnish the pr oof that, in the light of the 
characteristics and the specific environmental c onditions of the site affected by a plan or 
project, that plan or project is likely to have a significant effect on that site, in the light of the 
conservation objectives fixed for th e site” (Case C-179/06, paragraph 39). 
Regarding the content of an ‘appropriate asse ssment’, in Case C-304/05 (paragraphs 56-59), 
the Court recalls its previous case-law (C ase C-127/02 ‘Waddenzee’, paragraphs 34, 56-61, 
and Case C-239/04 Commission v Portugal (‘Cas tro Verde’), paragraph 19-20 and 24):  
Article 6(3) provides for an a ssessment procedure intended to  ensure, by means of a prior 
examination, that a plan or project which is not  directly connected with or necessary to the 
management of the site concerne d but likely to have a signifi cant effect on it is authorised 
only to the extent that it will not adversel y affect the integrity of that site.  
The assessment must be organised in such a manner that the competent national authorities 
can be certain that a plan or project will not have adverse effects on the integrity of the site concerned, given that, where doubt remains as to the absence of such e ffects, the competent 
authority will have to refuse authorisation. 
With regard to the factors on the basis of which the competent authorities may gain the 
necessary level of cert ainty, no reasonable scientific doub t may remain, those authorities 
having to rely on the best scien tific knowledge in the field.  
The Court further specified that an appropriate  assessment must contai n complete, precise and 
definitive conclusions capable of removing all r easonable scientific doubt as to the effects of 
the works proposed on the site concerned (Case C-304/05, paragraphs 69-73). 
Finally, on the relationship betw een Articles 6(3) and 6(4), the Court decided that, “Article 
6(4) of Directive 92/43 can apply only after the implications of a plan or project have been 
studied in accordance with Article 6(3) of that directive. Knowledge of those implications in the light of the conservation objectives relati ng to the site in question is a necessary 
prerequisite for application of Article 6(4) since, in the absence thereof, no condition for 
application of that derogati ng provision can be assessed. The assessment of any imperative 
reasons of overriding public interest and that of the existence of less harmful alternatives require a weighing up against the damage cause d to the site by the plan or project under 
consideration. In addition, in order to determine the nature of any compensatory measures, the damage to the site must be precisel y identified” (Case C-304/05, paragraph 83). 
6.2.1.2  Changes underway 
Nature conservation legislation constitutes a fa irly stable part of the EC environmental acquis . 
Developments in this sector mainly concern the annexes to the Birds and Habitats Directives that have been adapted on a number of occasi ons in response to scientific and technical 
progress and to the successive enlargements of the European Union. The most recent adaptation is in response to th e Accession of Bulgaria and Romania to the European Union on 
1 January 2007.  
 
EN 108   EN 6.2.1.3  Evaluation of the current posi tion in terms of implementation  
Despite the small number of legal instruments in this field, nature  conservation legislation 
accounts for between a fifth and a quarter of environmental in fringements, i.e. the highest 
number of open environmental cas es. The high number of cases in the nature sector is due 
mainly to the extent of the network, which now  includes around 25 000 sites: there are Natura 
2000 sites in the vicinity of every EU citizen. This  is positive in as much as it brings the EU 
close to its citizens but it also means that th e Commission receives a lot of complaints about 
threats to these sites. Although the demand  from citizens, specialised and active NGOs and 
the European Parliament is high, the complaint and legal enforcement mechanisms for nature 
conservation in the Member States ar e often weak or inappropriate.  
In order to rationalise the handl ing of this high number of cas es and ensure  the effective 
implementation of the nature directives, the Commission has taken several measures, which can be divided into three categories: 
• Focus on the main implementation priorities : the core obligations of the directives 
were effectively addressed (i.e. corre ct and complete transposition and 
establishment of the Natura2000 networ k), while systemic problems of bad 
implementation were tackled (e.g. hunting derogations). 
• Proactive cooperation with Member States : this includes the drafting of 
interpretative guidance documents for the ma in provisions of the nature directives; 
the development of targeted guidance for economic sectors such as the port sector 
and the non-energy extractive industry, which have particular challenges in 
relation to  the legislation; training of the competent authorities; regular contacts 
with the national, regional and local authorities, establishment of the 
“GreenEnforce Network“ . 
• Improvements in the handling of complaints : specific methods were developed 
with the purpose of helping the complainan ts (i.e. ad hoc nature supplementary 
information form, which guides the complainants as regards the information needed to evaluate a complaint) and making more effective use of complaints (i.e. grouping of complaints in order to focus on systemic breaches). 
Those measures have had a significant effect , as they resulted in the reduction of the 
implementation deficit. This is also confir med by the number of open cases, which has 
been significantly reduced, despite the accession  of 10 new Member States. At the end 
of 2003, 589 open cases were related to the natu re conservation directives while, at the 
end of 2007, the number of open nature cases was 235. 
6.2.1.4. Further challenges in implementi ng Nature Protection legislation 
• Completing the establishment stage of the Natura 2000 network. The terrestrial part 
of the Natura 2000 network is either esta blished or close to establishment in 
accordance with the Habitats and Birds Dir ectives. Habitats and species coverage 
still needs to be extended in places, mainly in the EU-12 Member States, and legal 
action will be pursued against Member St ates when necessary. The exercise is 
expected to be finalised in the short te rm. In the medium term, the Commission will 
tackle the issue of marine  sites. Since the scientif ic knowledge and information 
 
EN 109   EN available on the existence and distributi on of marine habitat and species remains 
incomplete, the Member States are exp ected to submit their proposals by end 2008, 
based on existing knowledge. In order to  facilitate the process, a guidance 
document has already been prepared by the Commission services. 
 
• Ensuring a systematically correct a pproach to Natura 2000 site protection.  To 
enable the Natura 2000 network to achieve  its goal of conserving key elements of 
Europe’s biodiversity, there needs to be  proper scrutiny and minimisation of, the 
impacts of potentially damaging plans an d projects in line with ECJ case-law. 
Ensuring application of best scientific knowledge, examinat ion of alternatives and, 
where appropriate, provision of compensato ry habitats are all major challenges. In 
this regard, the Commission services issued  a guidance document on Article 6(4) of 
the Habitats Directive, a key provision for the implementation of the nature directives. In addition, the Commission inte nds to promote best practice within 
specific economic sectors, such as Eur opean ports, wind energy and non-extractive 
industries. Mention may also be made of  the value of broad-based analysis and 
follow-up of problematical implementation
112. 
• Ensuring overall positive management of Natura 2000 network.  Apart from vetting 
potentially damaging plans and projects, Me mber States need to set up effective 
management systems for Natura 2000, supporting human activities such as 
conservation-sensitive farming that are be neficial to conservation objectives while 
also meeting socio-economic needs.  
6.2.1.5 Prioritisation of Commission ’s legal enforcement work  
In the coming years, the Commission will conti nue to pursue its legal enforcement action to 
help meet the main objectives of the nature conservation legislation.  To this effect, high 
priority will continue to be given to pursui ng infringement cases c oncerning significant non-
conformity of national implem enting legislation with the Bi rds and Habitats Directives, 
insufficient site designations (mainly in the EU -12 Member States) and the lack of adequate 
legal protection and management regimes for the Natura 2000 sites. Focu s will also be on 
addressing breaches concerning big infrastructure projects or interventions involving EU 
funding that have significant adverse impacts on Natura 2000 sites. In this context, the 
Commission will take into accoun t considerations such  as irreversible eco logical damage and, 
where appropriate, seek interim measures  from the European Court of Justice113. 
Infringements concerning unsustain able hunting practices in some Member States will also be 
followed up closely. In order to better handle individual complaints poi nting to widespread 
                                                 
112  Case C-418/04, Commission v Ireland, the subject of decision of 13 December 2007,  illustrates how, by 
examining and analysing site protection problems  across a whole economic sector, in this case 
aquaculture, a non-governmental organisation can lay the basis for a more effective and significant 
Commission intervention than if it had limited its examination to isolated cases in that sector.  
113  In the last two years the Commission has three times sought for interim measures in nature 
protectioncases. In cases C-503/06, Commission v. Italy  and C-76/08, Commission v. Malta , the Court 
ordered the Member States to halt illegal hunting activities on 19 December 2007 and 24 April 2008 
respectively. In case C-193/07, Commission v. Poland , the Commission sought interim measures from 
the ECJ to prevent a Polish motorway project causing serious habitat damage: the request was dropped 
when Poland agreed to halt the relevant works pending an ECJ judgment. 
 
EN 110   EN problems of bad implementation, the esta blished practice of launching horizontal 
infringement cases will c ontinue to be followed. 
6.2.2 Waste Management 
6.2.2.1 Current position 
The basic requirements for Member States regarding the manageme nt of waste and a 
definition of the term ‘waste’ are set out in Directive 2006/ 12/EC of the European Parliament 
and of the Council of 5 Ap ril 2006 on waste (the Waste Framework Directive114). More 
specifically, this Directive requires Member States to create and maintain an adequate network of waste disposal installations to enable the Community as a whole and the Member States individually to become self-sufficient in waste disposal. In order to achieve this objective, waste management plans have to be drawn up. It also established the waste 
hierarchy. This means that, ideally, waste shoul d be prevented and what cannot be prevented 
should be re-used, recycled and recovered as mu ch as feasible, with landfill being used as 
little as possible. The general framework directiv e is complemented by specific legislation to 
address particular environm ental threats associated with waste. These include: 
• Harmonised rules on waste management pract ices, including strict  emission limits and 
operating requirements for the incineration
115 and landfill of waste. Council Directive 
1999/31/EC of 26 April 1999 on the landfill of waste (the Landfill Directive116) establishes 
a set of detailed technical rules landfills must comply with. The objective is to prevent or minimise the negative effects that landfills can have, such as pollution of water, soil and air, and also gas emissions, notably emissions  of methane, which is a powerful greenhouse 
gas. The Landfill Directive also helps to promote the recovery and recycling of waste, in particular by banning whole used tyres from landfills and by requiring waste to be treated prior to landfilling. Best available techniques were chosen as the benchmark for the management of hazardous waste
117 
• Harmonised rules on the shipment of waste, bot h inside the EU and to third countries, set 
by the Waste Shipment Regulation. This Regula tion sets out rules for the trans-frontier 
movement of waste to ensure that waste is  handled in an environmentally sound manner 
throughout the shipment process,  including recovery or di sposal in the country of 
destination. 
Product specific recycling legislation, setting targets for the collection and recycling and 
introducing producer responsibility principles  for specific waste streams from consumer 
goods (including packaging waste118, end of life vehicles119 and waste electrical and electronic 
                                                 
114  OJ L 114, 27.4.2006, p. 9–21.  
115 Directive 2000/76/EC of the Eu ropean Parliament and of the Co uncil of 4 December 2000 on the 
incineration of waste (OJ L 332, 28.12.2000, p. 91–111).  
116  OJ L 182, 16.7.1999, p. 1–19.  
117 Council Directive 91/689/EEC of  12 December 1991 on hazardous wast e (OJ L 377, 31.1 2.1991, p. 20-
27). 
118  European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and 
packaging waste ( OJ L 365, 31.12.1994, p. 10–23).  
119  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of 
life vehicles ( OJ L 269, 21.10.2000, p. 34–43).  
 
EN 111   EN equipment120). Examples of recently adopted legisla tive measures in the sector of waste 
management include Directive 2006/21/EC on the management of waste from extractive 
industries and amending Directive 2004/35/EC121 (transposition deadline: 1 May 2008) and 
Directive 2006/66/EC on batteries and accumulato rs and waste batteries and accumulators and 
repealing Directive 91/157/EEC122 (transposition deadlin e: 26 September 2008). 
Work in 2007 
Main infringements in 2007  
Horizontal non-conformity case on tr ansposition of the Landfill Directive 
The European Commission carried out a check on  EU-25 Member States' legislation to assess 
its conformity with the Landfill Directive and decided to start legal action against 14 Member States for inadequately transposing this directive into their national law. Having sent first warning letters to seven Member States in  December 2006, the Co mmission continued  by 
also sending first warning letters to Cyprus , the Czech Republic, Denmark, Estonia, Finland, 
Hungary, Ireland, Lithuania, Malta, Poland, Sl ovakia, Slovenia, Spain, Sweden and the 
United Kingdom in 2007.  
Horizontal non-conformity case on trans position of the WEEE and RoHS Directives 
In 2007, the Commission sent a firs t warning letter to eight Memb er States for their incorrect 
transposition of the WEEE Dir ective and the RoHS Directive.  The Commission considered 
that the three Baltic States (Est onia, Latvia and Lithua nia) had not correctly  transposed certain 
provisions of the Directive 2002/96/EC of the Eur opean Parliament and of  the Council of 27 
January 2003 on waste electrical and electronic e quipment (the WEEE Dire ctive) and that six 
Member States (Belgium, Denmark, Lithuania, Malta, Finland and Swed en) had not correctly 
transposed the Directive 2002/95/EC of the Eur opean Parliament and of the Council of 27 
January 2003 on the restriction of the use of cer tain hazardous substan ces in electrical and 
electronic equipment (the RoHS Directive). 
Horizontal cases related to illegal landfills 
The Court of Justice declared on 29 March 2007 (Case C-423/05, Commission v France) and 
26 April 2007 (Case C-135/05, Commissi on v Italy) that both countr ies have failed to ensure 
that waste is disposed of in landfills ma naged in accordance with the Waste Framework 
Directive and the Landfill Direct ive. Thousands of sites in France and Italy have been 
identified as illegal landfills in the Court of Justice case. France and Italy are requested to 
                                                
 
120  Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the 
restriction of the use of certain hazardous subs tances in electrical an d electronic equipment (( OJ L 37, 
13.2.2003, p. 19–23), and Directive 2002/96/EC of the European Parliament and of the Council of 27 
January 2003 on waste electri cal and electronic equipment ( OJ L 37, 13.2.2003, p. 24–39).  
121 This Directive introduces measures to prevent or minimise any adverse effects on the environment and 
resultant risks to health resulting from the management of waste from the extractive industries, such as 
tailings and displaced material ( OJ L 102 of 11.04.2006 ). 
122 This Directive prohibits the placing on the market  of most batteries and accumulators with a certain 
mercury or cadmium content and establishes rules for the collection, recycling, treatment and disposal 
of batteries and accumulators. ( OJ L 266 of 26.9.2006).  
 
EN 112   EN rapidly comply with the judgment. The Commi ssion will monitor closel y execution of there 
Court  judgements. 
The Commission sent a final writ ten warning to Spain over its failure to comply with a 2005 
European Court of Justice ruling (Case C-157/ 04) which found it had violated several EU 
directives on waste. The waste disposal site at  Punta de Ávalos on th e Canary island of La 
Gomera poses a serious risk to the su rrounding environment and human health.  
Waste crisis in the Campania Region, Italy 
The Commission launched legal action against It aly over the chronic waste crisis affecting 
Naples and the rest of the Campania region.  The Commission consider ed that the region’s 
waste disposal installations are inadequate and pose serious problems for human health and 
the environment, constituting a violation of  EU waste legislation. In June 2007, the 
Commission therefore sent Ital y a first warning letter reque sting information about the 
measures being taken to protect human hea lth and the environment in the region. In 
parallel,the Commission was asse ssing government plans to open four new waste landfill sites 
in Campania to check their compliance with EU  law and to establish if  these would be 
sufficient to help resolve the region's waste problems. 
Sofia waste case, Bulgaria 
The Commission also decided to send a first writ ten warning to Bulgaria for  its failure to 
provide an adequate system for the dis posal of household waste in Sofia.  
Judgments of the Court of Justice in 2007  
Judgments of the Court of Jus tice in the waste sector  deliv ered in 2007 are: Case C-139/06, 
Commission v United Kingdom, , Case C- 361/05, Commission v Spain, Case C-82/06 
Commission v Italy, Case C- 90/07, Commission v Belgium,  Case C-523/06, Commission v 
Finland, Case C-106/07, Commi ssion v France, Case C-508/06, Commission v Malta, Case 
C-194/05, Commission v Italy, Case C-195/ 05, Commission v Italy, Case C-263/05 
Commission v Italy. 
6.2.2.2  Changes underway 
EU waste management legislation is characteri sed by several pieces of consolidated legal 
instruments as well as important new pieces of  legislation. The waste management legislation 
is underpinned by the Thematic Strategy on the Waste Prevention and Recycling123. It sets as 
long term objective for the EU to become a recy cling society, that seeks to avoid waste and 
uses waste as a resource. 
Following the Thematic Strategy, the Waste Fr amework Directive has been modernised, 
introducing a new approach to waste management that encourages the prevention of waste.  
The revised directive clarifies that the waste hi erarchy should not be se en as a hard-and-fast 
rule but that deviations from the hierarchy are possible based on a li fe-cycle analysis of 
environmental impacts. The revised directive also  sets energy-efficiency criteria on the basis 
of which waste incineration can be considered as a recovery operation to promote resource 
                                                 
123 COM(2005)666. 
 
EN 113   EN efficiency, thus reducing the consumption of fossil fuels. It also sets ne w recycling targets: By 
2020, Member States must recycle 50% of their household and similar waste and 70% of their 
construction and demolition waste.  
6.2.2.3. Evaluation of the current posi tion in terms of implementation 
The overall situation of waste management has to be seen as critical. The by far biggest 
challenge concerns the implementation of th e Waste Framework Directive, the Landfill 
Directive and the Waste Shipment Regulation.  The lack of adequate waste management 
infrastructure, the persistently high number of illegal landfills in a significant number of Member States and the significant number of illegal shipments of waste, notably electronic waste and end-of-life vehicles, threaten human health and the environment. The chronic waste 
crisis affecting Naples and the re st of the Campania region in Italy is a striking example. In 
Member States where this phenomenon exists, effort s, particularly in terms of investment in 
waste infrastructure, will have  to be stepped up considerab ly. Implementation of separate 
waste collection, notably for pack aging waste and biodegradable wa ste, as well as  effective 
pre-treatment of waste before disposal are a prerequisite fo r boosting recycling and  reducing 
the rate of landfilling, in particular for the EU -12 Member States, where it still oscillates 
around 90%. Specific aspects of landfilling have received higher attention under the present 
climate change discussion. Insufficient methane collection from landfills and alternative waste 
management options addressed under the label “waste to energy“will fuel the discussion 
about improving waste management in the near future. 
 
6.2.2.4. Further challenges in implemen ting Waste Management legislation 
• Ensuring an adequate network of safe and legal waste disposal and recovery 
facilities.  Matching the capacity of waste infr astructure to the volume of waste 
generated is fundamental to good waste management. Waste management plans can help ensure the necessary capacity, but only if they are effectively implemented. 
• Reducing and r managing certain waste streams.  The achievement of certain EC 
waste reduction and management goals such  as the diversion of biodegradable 
waste from landfills and the collection a nd handling of end-of-life vehicles and 
waste electrical and electronic equipm ent (WEEE) also depends on adequate 
forward planning and development of orga nisational arrangemen ts and recovery 
facilities.  
• Combating the illegal waste trade  and illegal waste disposal.  Tackling the use of 
thousands of illegal landfills in several Me mber States requires strategic action on 
several fronts to comply with the Waste Framework Directive and the Landfill Directive: investments in legal facilities, better systems of national detection, enforcement and deterrence and adequate  site clean-up. Adequate controls on 
transfrontier waste shipments are also  essential. The Commission has taken 
horizontal legal action for lack of controls  on illegal landfills, and there have been 
several important ECJ rulings. 
 
EN 114   EN 6.2.2.5. Prioritisation of Commission ’s legal enforcement work  
In the coming years, the Commission will pursue its legal enforcement action to help meet the 
objectives of the waste management legislatio n, i.e. to reduce the negative impact on the 
environment and human health that is cau sed by waste throughout its life-span, from 
production to disposal, via recycling.  
To this effect, high priority will continue to be given to “ horizontalising “infringement action, 
i.e. tackling widespread problems of bad impl ementation at a more strategic level. This 
approach allows the Commission to address the lack of adequate waste management capacity 
and infrastructure and the presence of illegal landfills in a far higher number of places than would have been possible if it had only fo cused on individual failures, and to ensure 
consistency and coherence in the actions taken. 
In addition, since the completeness and corr ectness of implementing legislation within the 
Member States are important determinants  of good implementation in practice, the 
Commission will continue to systematica lly pursue infringements concerning the non-
conform transposition of the most important pieces of waste management legislation (for 
example, the Landfill Directive, the WEEE Dir ective, the End-of–life vehicles Directive) 
likely to affect the attainment of the legislative objectives.  
As for other new proposals for directives, to ensure timely and correct transposition of the 
new waste management directives, primarily  the new Waste Framework Directive, the 
responsible units with in DG Environment will prepare risk-based implementation action 
plans. 
By way of preventive action, the Commission w ill continue to carry out awareness-raising 
campaigns and information exchange in most Member States. Particular emphasis will be placed on two implementation gaps, illegal a nd mismanaged landfills and illegal waste 
shipments, and waste management plans and prev ention programmes. It is hoped that this will 
increase understanding of Co mmunity legal requirements, identify bottlenecks and promote 
best practice. 
Furthermore, bilateral and multilateral meetings will take place with Member States and 
stakeholders.  
6.2.3   Environmental Impact Assessment a nd Strategic Environmental Assessment 
6.2.3.1  Current position 
The most important pieces of legislation in this sector are the Environmental Impact 
Assessment  Directive and the Strategic En vironmental Assessment Directive. Council 
Directive 85/337/EEC on the assess ment of the effects of certai n public and private projects 
on the environment as amended by Directives 97/11/EC and 2003/35/EC (the Environmental 
Impact Assessment or EIA Directive)
124obliges Member States to carry out environmental 
impact assessments before certain types of public  and private projects wh ich are likely to have 
a significant impact on the environment are auth orised. Directive 2001/42/ EC of the European 
Parliament and of the Council on the assess ment of the effects of certain plans and 
                                                 
124 OJ L 175, 5.7.1985, p. 40.  
 
EN 115   EN programmes on the environment (the Strategic Environmental Assessment or SEA 
Directive)125seeks to ensure that the environmental consequences of certain public plans and 
programmes that are likely to have significant environmental effects are identified and 
assessed while they are being prepar ed and before they are approved.  
Work in 2007 
Main infringements in 2007  
Non-conform transposition of the EIA Directive 
In 2007, the Commission moved forward infringe ment actions on with regard to the non-
conform transposition of the EIA Directive. Sec ond warning letters were sent to four Member 
States and an application to the Court of Justice was decide d as regards two other Member 
States. 
Infringement under Article 228 on transpos ition of SEA Dire ctive in Belgium 
Following an infringement procedure brought by  the Commission, the Court of Justice ruled 
in December 2006 (Case C-54/06) that Belgium ha d not complied with its obligations because 
the Flemish Region had not transposed the SEA directive. The deadline for doing so was 21 
July 2004. The Flemish government has taken steps towards transposing the directive since the judgment, but has not yet completed the proce ss. In view of this continuing infringement, 
the Commission sent Belgium a first warning letter under Article 228 in March 2007 and a 
final warning in June 2007 that Flanders must fully comply with the directive. 
Judgments of the Court of Justice in 2007
 
The Court of Justice in a judgment of 5 July 2007 (Case C-255/05) declared, among other 
things, that, by not making the project to implemen t a ‘third line’ of the incinerator belonging 
to ASM Brescia SpA subject to the environm ental impact assessment procedure, before 
consent was given for its construction, the Italia n Republic has failed to fulfil its obligations 
under the EIA directive. 
Further judgments of the Court of Justice in the environmental impact assessment sector in 
2007 are: Case C-199/04, Commission v Unit ed Kingdom, Case C-376/06, Commission v 
Portugal, Case C-255/05, Commi ssion v Italy, Case C-93/07, Commission v Belgium, Case 
C-354/06, Commission v Luxembourg a nd Case C-40/07, Commission v Italy. 
6.2.3.2  Changes underway 
The application and effectiveness of the envi ronmental impact assess ment legislation, in 
particular the EIA Directive has been subject to  regular reviews in the past. On the basis of 
such reviews, the EIA Directive was subsequently amended in 1997. Directive 97/11/EC126 
widened the scope of EIA Dir ective by increasing the types of  project covered, and the 
number of projects requiring mandatory enviro nmental impact assessment (Annex I). It also 
strengthened the procedural basis of the EI A Directive by providi ng for new screening 
                                                 
125 OJ L 197, 21.7.2001, p. 30.  
126  OJ L 73, 14.03.1997.  
 
EN 116   EN arrangements, including new screening criteria (at Annex III) for Annex II projects, and 
providing minimum information requirements. Fo llowing this first amendment, the Directive 
was later modified in 2003 by Directive 2003/35/EC127 seeking to align the provisions on 
public participation in accordance with the Aa rhus Convention on public participation in 
decision-making and access to justice in enviro nmental matters. Depending on the results of 
future reports on their application, further am endments and changes to both the EIA and the 
SEA Directive cannot be excluded.  
6.2.3.3. Evaluation of the current posit ion in terms of implementation 
The EIA Directive has been the subject of severa l cases brought before the European Court of 
Justice and the case-law of the Court has cont ributed to the better understanding of certain 
provisions of the Directive. In the interests of better implementation of the EIA and the SEA 
Directive, the Commission services have deve loped in recent years a number of guidance 
documents on particularly important aspects of both directives128.  
Although the Environmental Impact  Assessment sector continues to generate a high number 
of complaints, its contri bution to the overall nu mber of open cases has decreased, so that at 
the end of 2007 this sector ranked only fifth in  terms of the number of infringements. Most 
open cases still relate to the EIA Directive, but  cases relating to the SEA Directive are on the 
increase. The deadline for transposing the la tter Directive was 21 Ju ly 2004, but significant 
delays in transposition have occurred in many Member States, which means that the 
experience in the actual applica tion of the Directive is still so mewhat limited. In addition, the 
conformity  of Member States' legislation  can not yet be considered to have been secured. 
Given the similar nature of the obligations in th e two instruments, it is to be expected that 
problems in the correct application of the SEA Di rective will be similar to those encountered 
in applying the EIA Directive. In terms of enfo rcement, early signs are that decisions as to 
whether smaller plans an d programmes or modifications thereo f require an SEA (the so-called 
“screening“decisions) could pose problems of ba d application. However, forthcoming reports 
on the application of both the EIA and the SEA Di rectives will clarify this and form the basis 
for the future Commission’s action in the sector. 
Article 2(3) of the EIA Directive allows Memb er States to exempt specific projects in 
exceptional circumstances (e.g. for unforeseen civ il emergencies; threats to human health and 
the environment; security risks) from the provisi ons of the Directive in whole or in part, and 
to notify the Commission. This provision has be en used by Italy three times in 2006 and twice 
so far in 2008.  
In 2006, two notifications concerne d the building of port infrastruc ture in Sicily: one in the 
Eolie islands after damage by a tsunami and th e other in Lampedusa due to the lack of 
facilities to receive a high num ber of immigrants. The thir d 2006 notification was for the 
temporary use of an existing waste disposal facility for special waste in Lecce in Puglia due to the waste emergency in the region at the time. In 2008, both notifications concerned new landfills in Campania needed due to the waste emergency there. 
                                                
 
127  OJ L 56, 25.06.2003.  
128  Examples for the EIA Directiv e include guidance docume nts on screening, scoping, assessment of 
indirect and cumulative impacts, or most recently , on the interpretation of the different project 
categories. 
 
EN 117   EN 6.2.3.4 Further challenges in implementing Envi ronmental Impact Asse ssment legislation 
• Ensuring that citizens and NGOs can s eek reviews at Member States level . Every 
year, thousands of projects are propos ed across the Community. A key challenge 
arises from the fact that, when citizens are aggrieved or concerned about proposed 
new infrastructure, industrial and other pr ojects, they look to environmental impact 
assessment provisions contained in the EIA Directive when formulating their 
objections and concerns. The provisions are therefore frequently invoked in 
relation to controversies about proposed new development and in relation to 
complaints and petitions. In line with th e Aarhus Convention, the last revision of 
the Environmental Impact Assessment Dire ctive in 2003 seeks to  give citizens and 
NGOs a right of review of decisions that  concern rights of public participation. 
Making this effective is a way of better addressing nationally the many EIA concerns that are expressed by citizen s about individual projects across the 
Community.  
• Developing capabilities in Member States to ensure effective implementation of 
the EIA and SEA Directives . For the effective application of the EIA and the SEA 
Directives, capacity building must be st ongly encouraged within institutions  
having critical  responsibili ties in planning and envir onmental  decision-making, 
notably through targeted cam paigns for the recruitment and training of EIA and 
SEA  experts. In this context, trai ning programmes offered and guidance 
documents prepared by the Commission ar e contributing to th e capacity building 
efforts of the Member States.
 
• Taking into account the horizontal charac ter of the EIA and S EA Directives, there 
are possible overlaps between these two Directives and certain other EC 
environmental legislation and policies. This may require co-ordinated or joint 
procedures to avoid duplication of asse ssment. Overlaps may occur between the 
EIA and SEA Directives themselves, as  well as with the Water Framework 
Directive (Directive 2000/60/EC), the Nitr ates Directive (91/676/EC), the Waste 
Framework Directive (Directive 2006/12/ EC), the Air Quality Directive 
(2008/50/EC) and the Habitats Directiv e (92/43/EC). Furthermore, the SEA 
Directive also applies to plans and pr ogrammes co-financed by the EC, and the 
environmental assessment is carried out in conformity with the specific provisions in relevant Community legislation.
 
6.2.3.5. Prioritisation of Commission ’s legal enforcement work 
High priority will continue to be given to legal action  addressing non-conformity of  
transposing measures for the EIA Directive likely to affect the attainment of the legislative 
objectives. These cases now mainly concer n EU-12 Member States. Similarly, the 
Commission will continue to pursue infringement procedures against Member States that have 
failed to correctly and/or completely transpose the SEA Directive. Since these directives contain mainly procedural re quirements which figure in many complaints and petitions, the 
Commission will continue to seek improved national legislation to implement these 
requirements. By doing so, the Commission seeks to avoid at least some procedural problems 
at the level of indivi dual plans and projects. 
 
EN 118   EN In addition to the emphasis on pursuing non-conf ormity cases and work aimed at improving 
national legislation which implements the procedural requirements of the environmental impact assessment legislation, the following types of bad implementation cases will be 
followed up more closely by the Commission: 
• breaches concerning big infrastructure pr ojects or interventions involving EU 
funding; 
• breaches linked to bad transposition of certain provisions of the environmental 
impact assessment legislation likely to a ffect the attainment of the legislative 
objectives; 
• breaches that reveal interpretation pr oblems concerning certain provisions of 
the environmental impact assessment legi slation which could have a significant 
influence on the impact of the legi slation that would justify  seeking 
clarification from th e Court of Justice. 
Apart from the above cases  where the Co mmission legal enforcement action might be 
indispensable, individual breaches of certa in provisions of the environmental impact 
assessment legislation should primarily be addr essed through the existing review mechanisms 
at Member State level. 
6.2.4  Protecting Water Resources 
6.2.4.1  Current position 
The most important piece of legislation in this area is the Water Framework Directive
129, 
which. establishes a strategic framework for the protection of all water bodies, i.e. rivers, 
lakes, coastal waters and groundwater, in the European  Union.  Council Directive 
91/271/EEC concerning urban waste water treatment130 is another key instrument for reducing 
water pollution: it addresses the waste water disc harges of cities and towns. Complementing it 
is the Nitrates Directive131, designed to protect Community's waters ag ainst nitrates from 
agricultural sources, on e of the chief causes of diffuse pollution. Aimed at ensuring that 
drinking water is kept free of contam ination, the Drinking Water Directive132 is important for 
public health. . Besides the above -mentioned key directives, Eur opean water legislation also 
covers further specific uses of water in cludingrules for the monitoring, assessment and 
management of the quali ty of bathing water133. Moreover, various pieces  of legislation cover 
rules for preventing and reducing the disc harges of substances into water bodies134. 
                                                 
129  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a 
framework for Community action in the field of water policy ( OJ L 327, 22.12.2000, p. 1–73).  
130  OJ L 135, 30.5.1991, p. 40–52.  
131  Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against 
pollution caused by nitrates from agricultural sources ( OJ L 375, 31.12.1991).  
132 Council 98/83/EC of 3 November 1998 on the quality of water intended for human consumption ( OJ L 
330, 05.12.1998, p. 32-54.)  
133  Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ L 31, 
5.2.1976, p. 1–7).  
134  The following directives can be mentioned as ex amples of such legislation: Council Directive 
76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the 
aquatic environment of the Community (OJ L 129, 18.5.1976); and Council Directive 80/68/EEC of 17 
 
EN 119   EN Work in 2007 
Main infringements in 2007  
Infringements under Article 228  
In 2007, the Commission sent Italy a final warning letter under Article 228 following its first 
warning in 2006 for failing to co mply with a ruling of the Cour t of Justice of 12 January 2006 
(Case C-85/05) which condemned Italy for failing to transpose the Water Framework 
Directive. The Commission’s view is that the legislative decree sent by Italy in May 2006 
following the above ruling of the Court did not fully transpose th e directive. A final warning 
letter was also sent to Luxembourg in 2007 fo r not complying with a similar ruling on the 
same directive delivered by the C ourt on 30 November 2006 (Case C-32/05). 
During 2007, the Commission sent first warning letters to Belgium, Luxemburg, Spain and 
the United Kingdom  for not fully complying w ith Court of Justice rulings concerning the 
Urban Waste Water Treatment Directive. Th e rulings in questio n are Case C-27/03, 
Commission v Belgium, delivered on 8 July 2004 over the failure to sufficiently treat the 
waste water of many Belgian a gglomerations; Case C-452/05, Commission v Luxembourg, 
delivered on 23 November 2006 for failure to su fficiently treat the wa ste water of eleven 
agglomerations; Case C-416/02, Commission v Spain, delivered on 8 September 2005 in 
relation to the lack of treatment of the waste water of the agglomerati on of Vera; and Case C-
405/05, Commission v United Kingdom, delivered on 25 Janua ry 2007 for failure to 
adequately treat the waste wate r of thirteen agglomerations. 
The Commission sent Ireland a final warning letter for failing to co mply fully with a 2002 
Court of Justice ruling requiring dr inking water supplies to be kept free of E. coli bacteria in 
accordance with the Drinking Water Directive (Cas e C-316/02). Portugal also received a first 
warning letter for failing to comply with a 2005 Court of Justice ruling concerning the same 
directive (Case C-251/03).  
The Commission also sent Irela nd a final warning le tter for failing to  comply with a 2002 
Court of Justice ruling (Case C-282/02) requiring  greater controls on polluting discharges to 
surface water by local authorities,  in particular through the esta blishment of an authorisation 
system. Ireland subsequently notified legislati on establishing such authorisation system.  
Infringement concerning the Nitrates Directive 
In 2007, the Commission updated an infringement action against Sp ain (launched originally in 
2003) by sending an additional letter of formal notice covering the incomplete monitoring and 
insufficient designation of nitr ate vulnerable zones as well as the failure to adopt fully 
compliant action programmes for these zones. 
Judgments of the Court of Justice in 2007  
In 2007, the Court of Justice delivered several rulings in the water sector. 
                                                                                                                                                         
December 1979 on the protection of  groundwater against pollution  caused by certain dangerous 
substances (OJ L 20, 26.1.1980, p. 43–48)  
 
EN 120   EN In Case C-405/05 the Court declared that the United Kingdom had failed to fulfil its 
obligations under the Urban Waste Water Treatment  Directive by failing to take the measures 
necessary to ensure that adequate treatment wa s provided for urban wast e waters from certain 
agglomerations by 31 December 2000 at the latest. 
In Case C-219/05, the Court ruled that Spain had failed to fulfil its obligations under the 
Urban Waste Water Treatment Directive by failing to ensure that certain coastal waste water 
discharges were subject to more stringent tr eatment by the required d eadline of 31 December 
1998.  
In Case C-440/06, Commission v Greece , the Court ruled that, for several agglomerations, 
there had been a failure to provide collectin g systems and/or waste water treatment in 
accordance with the Urban Waste Water Treatment Directive. 
The Court ruled in Case C-248/05 that Ireland fa iled to fulfil its obligations under Directive 
80/68/EEC on the protection of groundwater ag ainst pollution caused by certain dangerous 
substances with regard to a municipal landfill  at Ballymurtagh (County Wicklow). In Case C-
148/05, it ruled that Ireland had failed to desi gnate all shellf ish waters requiring designation 
under Directive 79/923/EEC on the quality required  of shellfish waters and that it had also 
failed to take all necessary measures to establish pollution reduction programmes for shellfish waters requiring designation. 
In Case C-85/07, the Court ruled that Italy had failed to complete and notify the analyses of 
certain Italian river basin di stricts as it was required to  do under the Water Framework 
Directive. 
6.2.4.2  Changes underway 
European water legislation consists of a num ber of fairly stable, consolidated legal 
instruments, but there are also important new developments in this domain. Examples of 
recently adopted measures include  a new Bathing Water Directive
135, a new Groundwater 
Directive136, which supports the Water Framework Di rective, and a dire ctive on flood risks137. 
                                                 
135  Directive 2006/7/EC of 15 February 2006 concerning the management of bathing water quality and 
repealing Directive 76/160/EEC (transposition deadline 24 March 2008) (OJ L 64 of 4.3.2006).  
Directive 76/160/EEC is repealed by this new Directive with eff ect from 31 December 2014. It is 
designed to ensure consistency with the Water Fram ework Directive and is also intended to simplify 
procedures in the light of scientific developments and improve participatory processes for the actors 
concerned and the information given to the public. 
136  Directive 2006/118/EC of 12 December 2006 on th e protection of groundwat er against pollution and 
deterioration (transposition deadline 16 January 2009) ( OJ L 372, 27.12.2006 ). This Directive is 
designed to prevent and combat groundwater pollution. Its provisions include: criteria for assessing the 
chemical status of groun dwater; criteria for identifying signifi cant and sustained upward trends in 
groundwater pollution levels, and for defining starting points for reversing these trends; and preventing and limiting indirect discharges (after percolatio n through soil or subsoil) of pollutants into 
groundwater. 
137  Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the 
assessment and management of flood risks (transposition deadline 26 November 2009) ( OJ L 288, 
6.11.2007 ). This Directive aims to establish a common framework for assessing and reducing the risk 
that floods within the European Union pose to human health, the environment, property and economic 
activity. The purpose of this Directive is to manage and reduce the risk of floods, particularly along 
rivers and in coastal areas. It provides for assessment of the risk of flooding in river basins, the mapping 
 
EN 121   EN The new Marine Strate gy Framework Directive138,  which extends the application of the 
principles of the Water Framework Directive to  the European Seas, ha s recently been adopted. 
In addition, a proposal for a Directive relating to priority  hazardous substances139 which also 
supports the Water Framework Directive is  currently in the adoption pipeline.  
6.2.4.3 Evaluation of the current posit ion in terms of implementation 
The strong stakeholder processe s that have been put in place, combined with Commission 
enforcement action, have helped to ensure a broad degree of compliance with the first 
implementation deadlines under the Water Fr amework Directive. These comprise the 
deadlines for transposing the directive into national law (December 2003), the setting up and 
notification of river basin dist ricts (June 2004), the analysis a nd notification of pressures on 
river basin districts (March 2005)  and the organisation and notific ation of monitoring (March 
2007). However, studies have identified problem s with the quality of national implementing 
legislation, and the Commission faces  the challenge  of securing from Member States clearer 
and more complete national implementing provisions.  
In the EU-15, i.e. those Member States that joined the EU in the period before 2004-2007, the 
implementation of the Urban Waste Water Treatme nt Directive presents a mixed picture. On 
the one hand, key infrastructure is in place in several Member States and significant 
investments have been made elsewhere. This serves not  only the immediate goals of the 
Urban Waste Water Treatment Directive but al so supports the achievement of wider water 
policy objectives, including thos e of the Water Framework Dir ective. On the other hand, in 
the EU-15, there are infrastructu re deficits in up to a quarter of the 8000 larger cities and 
settlements that were subject to 1998 a nd 2000 collection and treatment deadlines. The 
deficits are the subject of ongoing Commission infringement pr ocedures that have already 
resulted in several important ECJ rulings. These in turn are helping to secure the necessary 
implementation work in the Member States c oncerned, and a steady narro wing of the deficits 
is to be expected. However, several factors such as slippage of expected infrastructure 
completion dates make it difficult to for ecast when full compliance will be achieved. 
6.2.4.4  Further challenges in implem enting European water legislation 
• Making the Water Framework Directive fully operational.  Momentum must be 
maintained to ensure that critical upcomi ng deadlines are respected and that in the 
crucial period 2009-2015, effective action is  taken at the level of each European 
river basin district to prevent and reduce water po llution and avoid the unsound 
use of water resources.  
• Implementing the Urban Waste Water Treatment Directive : It is important to 
ensure effective implementation of the Ur ban Waste Water Treatment Directive in 
the EU-12 and continue to ensure effective implementation in the EU-15. For the 
                                                                                                                                                         
of flood risks in all regions where there is a serious risk of flooding and the drawing up of flood risk 
management plans based on close cooperation between and the broad participation of Member States. 
138  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a 
Framework for Community Action in the field of Marine Environmental Policy (Marine Strategy Framework Directive)( OJ L 164, 25.6.2008, p. 19–40 ). 
139  Proposal for a Directive of the European Par liament and of the Council on environmental quality 
standards in the field of water policy and amending Directive 2000/60/EC (COM(2006)397). 
 
EN 122   EN EU-12, legal deadlines are la ter but it is clear that ma ny cities and settlements 
require upgrades and the Commission will need to follow progress closely. The 
Commission will also need to monitor closely compliance in EU-15, for example 
to ensure that collecting systems and treatment match urban growth. 
6.2.4.5 Prioritisation of Commission ’s legal enforcement work 
Horizontal legal actions addressi ng systemic breaches, such as widespread contraventions to 
obligations for the development of environmen tal infrastructure under the Urban Waste Water 
Directive will continue to be pursued as priori ties. This approach means that a single case can 
encompass significant numbers of non-complian t cities and towns, bringing much more 
pressure to bear than would be possible th rough a policy of pursuing individual failures. 
An important focus of the Commission’s enforcem ent work as regards water is to make sure 
that the various deadlines of th e Water Framework Directive are respected. To this effect, the 
Commission will continue to take concerted legal action to address missed deadlines in the upcoming crucial period 2009-2015 
The Commission will continue to  take infringement action agai nst Member States that have 
not correctly or completely transposed into their national legislation the provisions of the Water Framework Directive in ways likely to affect the attainment  of the legislative 
objectives.  
Similar action will be taken to secure from  Member States (mainl y from EU-12 countries) 
clearer and more complete nati onal implementing provisions of th e Drinking Water Directive.  
As regards the important new legal instruments, DG Environment will prepare risk-based 
implementation action plans for the Marine St rategy Directive and the new Groundwater 
Directive. This will involve forward planni ng of work to encourage correct and timely 
transposition. 
6.2.5  Air quality  
6.2.5.1  Current position 
The new Directive 2008/50/EC of the European  Parliament and of the Council of 21 May 
2008 on ambient air quality and cleaner air for Eur ope is the key legal instrument in this 
sector
140. This merges four Directives141 and one Council Decision142 into a singe air quality 
instrument. Other important legal instruments co ntributing to ensuring ad equate air quality are 
the two fuel quality Directives, i.e. Directive 98/70/ EC relating to the qu ality of petrol and 
                                                 
140  .  OJ L 152, 11.6.2008, p. 1–44.  
141  The four directives merged into the new directiv e are: Council Directive 96/62/EC of 27 September 
1996 on ambient air quality assessment and management ; Council Directive 1999/30/EC of 22 April 
1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate 
matter and lead in ambient air ; Directive 2000/69/EC of the European Parliament and of the Council 
relating to limit values for benzene and carbon monoxide in ambient air ; and Directive 2002/3/EC of 
the European Parliament and of the Council relating to ozone in ambient air 
142  Council Decision 97/101/EC  establishing a reciprocal exchange of information and data from networks 
and individual stations measuring ambien t air pollution within the Member States. 
 
EN 123   EN diesel fuels143 and Directive 1999/32/EC relating to a reduction in the sulphur content of 
certain liquid fuels144. Furthermore, mention must also be made of the Noise Directive145 
which  lays down a common approach to avoiding, preventing or reducing on a prioritised 
basis the harmful effects of e xposure to environmental noise. 
Work in 2007 
Main infringements in 2007  
Action on SO 2 levels  
The Commission started infringe ment procedures against Fran ce, Italy, Spain, Slovenia and 
the UK for exceeding EU limits on ambient c oncentrations of sulphur dioxide (SO 2), an air 
pollutant from industrial installations that ca n cause respiratory problems and aggravate 
cardiovascular disease. The Di rective 1999/30/EC sets hourly and daily limit values for SO 2 
concentrations which entered into force on 1 January 2005. The five Member States facing 
infringement procedures all reported exceeding the values in their territory during 2005.  
Action on PM10 levels 
Under Directive 1999/30/EC, bindi ng daily and annual limit valu es for airborne particles 
known as PM10 have been in force since 1 January 2005. In 2007, the Commission asked 23 
Member States that have reported exceeding the levels of the PM10 values for 2005 to 
provide information on the measures they were taking to eliminate or reduce the levels to 
meet EU standards. This information will allow the Commission to better assess the extent of 
the problem and to decide upon request received  from the Member States on granting possible 
time extensions under the new Directive on ambien t air quality and cleane r air for Europe to 
comply with PM10 limit values. 
6.2.5.2 Changes underway 
This domain of EC environmental law is char acterised by important new developments. The 
most important recent legal instrument is th e new Air Quality Directive, 2008/50/  which 
entered into force on 11 J une 2008. It introduces new objec tives for fine particles PM 2.5 but 
does not change existing air quality standards. It does, however, give under certain conditions 
Member States greater flexibility in meeting some  of these standards in areas where they have 
difficulty complying. Another impo rtant legal instrument that is  currently in the legislative 
procedure is the revision of the Fuel Quality Directive146. This will contribute to reducing air 
pollutant and greenhouse gas emissions from road and non-road fuel use and help to 
                                                 
143  Directive 98/70/EC of the European Parliament a nd of the Council of 13 October 1998 relating to the 
quality of petrol and diesel fuels and amending Council Directive 93/12/EEC ( OJ L 350, 28.12.1998, p. 
58–68).  
144  Council Directive 1999/32/EC of 26 April 1999 relating to a reduction int he sulphur content of certain 
liquid fuels and amending Directive 93/12/EEC ( OJ L 121, 11.5.1999, p. 13–18).  
145  Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the 
assessment and management of environmental noise  (OJ L 189, 18.7.2002, p. 12–25).  
146  Proposal for a Directive of the European Parliament and of the Council amending Directive 98/70/EC 
as regards  the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and the 
introduction of a mechanism to monitor and reduce greenhouse gas emissions from the use of road 
transport fuels and amending  Council Directive 1999/32/EC, as rega rds the specification of fuel used by 
inland waterway vessels and repealing Directive 93/12/EEC (COM (2007) 18).  
 
EN 124   EN implement the Community strategies on air qual ity and on climate change. The main reasons 
for reviewing the Fuel Quality Directive stem  from evolving fuel and engine technology and 
the growth in biofuel use. 
6.2.5.3 Evaluation of the current posit ion in terms of implementation 
Available evidence points to serious problems in  complying with the air quality limit values 
in many European air quality zones. The Comm ission has been following closely the situation 
in all Member States and, so far, has taken the following action in this field: 
• Action on SO 2 levels: The Commission has alrea dy launched infringement 
procedures against several Member St ates that have shown widespread 
exceedances of sulphur-dioxide (SO 2) limit values that have been in force since 
1 January 2005.  
• Action on PM10 levels:  The binding limit values fo r particulate matter (PM10) 
have also been in force since 1 Januar y 2005. It is clear from  official reports 
that most of the Member States have experienced significant difficulties in 
achieving compliance with these lim it values. For 2006, around 400 zones in 
23 Member States were reported being in non-compliance. It is expected that 
Bulgaria and Romania, which were not under obligation to report for that year, 
are also facing serious compliance problems. In this context, it must be noted that PM10 compliance problems were r ecognised well in advance by the 
Commission.  Hence, it proposed a revi sion of the legislation aimed at 
maintaining standards but allowing extra time and greater flexibility to address 
the most serious difficulties under certain conditions. The dilemma was how to treat the breaches of existing Community law in the intervening period before the new Directive was adopted. The Co mmission took the option not initiating 
immediate legal actions, and instead, requi red the Member States to implement  
the pollution-abatement measures necessary  to improve the situation. It warned 
Member States that this would be a condition for any time extension for compliance under the new Air Quality Directive. 
• Action concerning non-communication of plans and programmes aimed at 
achieving compliance w ith other limit values : The Commission has pursued 
legal enforcement action against a number  of Member States which had failed 
to communicate their plans and programm es for complying by the end of the 
transitional periods with the other limit values set under EC Air Quality legislation
147.  
• Actions concerning noise  Under the Noise Directive, Member States had to 
send to the Commission by 30 December 2007 information from the strategic 
noise maps which had to be drawn up by 30 June 2007. Stra tegic noise maps 
are required to be drawn up in order to monitor the extent of noise pollution,  to 
inform and consult the publ ic about noise exposure,  its effects, and the 
measures considered necessary to address noise. The Commission prepared 
guidance and electronic templates (so-called 'electronic reporting mechanisms') designed to support and assist the Member  States in fulfilling their reporting 
                                                
 
147  In addition to sulphur-dioxide and particulate matter for which binding limit values have been in force 
since 1 January 2005, EC legislation sets limit values that are not yet in force for the following 
pollutants: nitrogen dioxide, oxides of nitrogen, lead, benzene, carbon monoxide, ozone, arsenic, 
cadmium, mercury and nickel. 
 
EN 125   EN requirements. The Commission, together with the European Environmental 
Agency, is currently assessing the information received and carrying out a quality checking of the noise maps. It is to be noted that there are still some 
Member States who have not yet submitted their report. The Commission has requested all Member States to provide information on the current state of play 
concerning their noise maps. 
6.2.5.4 Further challenges in implem enting Air Quality legislation 
• Ensuring compliance with air quality limit values : Air pollution has long been 
recognised as posing a significant risk to human health and the environment. 
On the basis of past experience, it is likely that ensuring compliance with binding limit values will remain a difficu lt issue in several Member States. In 
the coming period, it will be crucial to ensure that measures  aimed at bringing 
about compliance with limit values ar e systematically put in place and 
implemented. 
•   Implementing the mechanisms of the new Air Quality Dire ctive postponement 
of attainment deadlines :
 The new Air Quality Directive provides Member 
States the possibility to obtain, under certain conditi ons, time extensions for 
compliance with certain limit values. Most of the Member States are expected to apply for such time extensions. Before granting its final agreement to the postponement of attainment deadlines,  the Commission will have to assess 
thoroughly if a number of c onditions are fulfilled, in particular if Member 
States have implemented  appropr iate pollution-abatement measures. Effective 
implementation of the Environmental Noise Directive.  The Commission efforts 
need to continue to ensure that the Noise Directive is fully and correctly implemented. 
6.2.5.5 Prioritisation of Commission ’s legal enforcement work 
• In the coming years, the Commission w ill continue to monitor closely the 
situation with regard to compliance with  air quality limit values in all Member 
States. It will continue to follow its "horizontal approach",  which allows air pollution problems to be addressed in a fa r higher number of places than would 
have been possible if it had only focu sed on individual cities or regions. 
• As regards excessive SO
2, the Commission will continue to pursue the legal 
enforcement action it has already launched against several Member States. As for 
PM10, the Commission will assess closely whether  time extension requests 
expected to be submitted by most of the Member States meet the relevant criteria. Infringement procedures are to be envisa ged against Member States in breach of 
the limit values which do not apply fo r a time extension or do not meet the 
conditions for obtaining such extension.  
• In addition, legal enforcemen t procedures will be pursued  to ensure that Member 
States fulfil their report ing obligations under the ai r quality legislation.  
• The Commission will continue its efforts to ensure that the Noise Directive is 
fully implemented. To this end, it wi ll continue to carefully assess the 
information, i.e. the strategic noise maps and action plans, submitted by the 
 
EN 126   EN Member States under the directive and w ill launch legal action should it identify 
breaches in the application of this legislation. 
For newly adopted directives, implementation ac tion plans will be draw n up. This will involve 
forward planning of work to encour age correct and timely transposition. 
6.2.6   Climate change 
6.2.6.1  Current position 
The most important cross-cutting measures in this domain are th e Emissions Trading 
Directive148 and Decisions 280/2004/EC149 and 2005/166/EC150. With the adoption of the 
Emissions Trading Directive, the EU has es tablished a scheme for greenhouse gas emission 
allowance trading within the Community (EU ETS).  This is a market-based instrument aimed 
at gradually reducing em issions in selected sectors. It should help the Community and the 
Member States to meet their Kyoto Prot ocol commitments to reduce greenhouse gas 
emissions in a cost-efficient way. With  the adoption of Decisions 280/2004/EC and 
2005/166/EC the EU established a mechanism for monitoring and reporting greenhouse gas 
emissions.  This makes it possible to evalua te more accurately and more regularly the 
progress made in reducing emissions under th e United Nations Framework Convention on 
Climate Change (UNFCCC) and the Kyoto Protocol.  
Work in 2007 Main infringements in 2007
 
The main aim of infringement procedures la unched under the climate change legislation has 
to ensure that the European Union and its Member States meet all their various obligations under the United Nations Climate Change Conve ntion and the Kyoto Protocol, notably to 
ensure that the European Union Emissions Trad ing Scheme is fully operational and that the 
monitoring of greenhouse gas emissions is  effective within the European Union. 
Infringements in 2007 related to the late notif ication of national allocation plans under the 
Emissions Trading Directive, reporting under Ar ticle 3(1) and (2) of  Decision 280/2004/EC, 
failure to prepare for international emissi ons trading according to Decision 2005/166/EC and 
failure to link national registries with the EU-wide registry system.  
National Allocation Plans 
 It should be noted that the Commission clos ed in 2007 all the cases it had launched in 2006 
against  those Member States, which had fa iled, in violation of the Emissions Trading 
                                                
 
148  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32–46).  
149  Decision 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning 
a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto 
Protocol (OJ L 49, 19.2.2004, p. 1–8).  
150  Commission Decision 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 
280/2004/EC of the European Parliament and of the Councilconcerning a mechanism for monitoring 
Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ L 55, 1.3.2005, p. 
57–91).  
 
EN 127   EN Directive to submit by 30 June 2006 their national allocation pl ans (“NAPs”) for the second 
trading period (2008-2012) of the EU ETS.. Th e individual NAPs adopted by Member States 
fix the total number of emission allowances and set out the methodologies to allocate them to 
individual installations c overed by the EU ETS. NAPs fo r period 2008-2012 are thus an 
important element in the Member States' stra tegies for achieving their relevant emission 
reduction targets under the Kyoto Protocol. 
It should be noted that several Memb er States were opposed to the 2006 and 2007 
Commission's decisions approvi ng their NAPs for the period  2008-2012. Most importantly, 
they claimed that the upper limit set by the Commission on the total quantity of allowances 
that they may allocate was too low. Conse quently, those Member States have brought 
annulment actions on the basis of Article 230 EC before the European Court of Justice 
(pending cases). In addition, individual companie s, which  were also opposed to several 2006 
and 2007 Commission's decisions approving NAPs (they seek more emission allowances) 
have also referred these matters to the Europe an Court of Justice. Some of these company 
cases have been declared inadmissi ble, whilst others are still pending. 
Cases under Article 3 (1) and (2) of Decision 280/2004/EC  
Under Article 3 (1) and (2) of  Decision 280/2004/EC (read in conjunction with Decision 
2005/166/EC), Member States must submit to the Commission an annual report on national 
greenhouse gas (“GHG”) emissions (due by the 15 January) and a bi-annual report on national 
policies and programmes aimed at reducing th ese emissions (due by the 15 March). Such 
reports are required by the Commission in or der for it to draft its annual reports on 
Community's actual and future predicted GH G emissions in compliance with the UN 
Framework Convention on Climate Ch ange and the Kyoto Protocol.. 
In 2007, the Commission closed numerous cases against several Member States that had 
failed to submit 2006 annual and 2005 bi-annual reports. Those Member States have now 
provided the Commission with mi ssing reports and information. Fo r those that have still not 
communicated complete annual and bi-annual 2005 and 2006 reports, the Commission proceeded further in 2007 by addressing to con cerned Member States a second warning letter 
or by referring the matter to  the Court of Justice. 
New cases were also opened in 2007 against se veral Member States on the ground that they 
had communicated to the Commission no or incomplete 2007 annual reports on GHG emissions and/or bi-annual reports.  
Failure to prepare for international em issions trading under th e Kyoto Protocol  
Under Article 23 of Decision 2005 /166/EC, Member States were required to submit to the 
Commission by 15 January 2006 (by 15 June 2006 fo r EU-10 Member States) the information 
necessary to determine the total amount they will  be permitted to emit in  line with their Kyoto 
target during 2008-2012, i.e. th e “assigned amount”. The fixing of the assigned amount is a 
condition for a Member State's eligibility to pa rticipate in the flexib le mechanisms of the 
Kyoto Protocol, including Emissions Trading, the Clean Development Mechanism and Joint 
Implementation.  
In 2007, the Commission closed all existing cases that had been  launched against several 
Member States on the basis of Article 23 of Decision 2005/166/EC on the ground that they 
had finally communicated all missing information.  
 
EN 128   EN Failure to link national registries with the EU-wide registry system 
Over 10,000 installations that are participating in the EU emissions trading scheme are not 
given emission allowances in printed form, but these are held on accounts in electronic 
registries set up by Member States. These registries are linked via the Community 
Independent Transaction Log so that companies can  directly trade with each other. In order to 
link up to the registries system, each Member St ate must establish a national registry in the 
form of a standardised electronic database as well as a communication link in compliance 
with Regulation (EC) No 2216/2004 of 21 Decem ber 2004 for a standardised and secured 
system of registries151. In 2006, the Commission initiated several infringement procedures for 
the failure to ensure compliance with Articl es 3 (1) and 6 (1) of Regulation (EC) No 
2216/2004. In 2007, the Commission closed the remaining cases opened under this 
Regulation on the ground that the Member St ates concerned had now set up compliant 
standardised electronic databases and the necessary communication link. 
6.2.6.2  Changes underway 
Climate Change legislation is an e volving part of EC environmental law.  The Commission 
has taken many climate-related initiatives since 1991, when it issued the first Community strategy to limit carbon dioxide (CO
2) emissions and improve energy efficiency. It became 
clear that action by both Member States and the European Community needed to be 
strenghtened if the EU is to succeed in cutti ng its greenhouse gas emissions to 8% below 1990 
levels by 2012, as required by the Kyoto Pr otocol. Decisions 280/2004/EC and 2005/166/EC 
make easier to gauge the EU’s progr ess towards meeting this target.  
IIn June 2000 the Commission launched the Eu ropean Climate Change Programme (ECCP) 
as the Commission’s main instrument for discus sing and preparing the further development of 
the EU’s climate policy.  Under the first ECCP, an extensiv e range of policy sectors were 
examined and several instruments with potential for reducing greenhouse gas emissions were adopted. One of the most important and innova tive initiatives is the EU Emissions Trading 
Scheme, under Directive 2003/87/EC, wh ich covers carbon dioxide (CO
2) emissions from 
some 10 500 installations in the en ergy and some industrial sectors. 
The second European Climate Change Program me (ECCP II) was launched in October 2005. 
It has several working groups preparing new legislative inst ruments in the following main 
fields: ECCP I review (transport , energy supply, energy demand, non- CO 2 gases, 
agriculture), aviation, CO 2 and cars, carbon capture and storag e, adaptation and the EU ETS 
review. 
Examples of legislative proposals th at are currently under adoption are: 
• Revision of the Emissions Trading Directive152: The main objectives are (1) full 
exploitation of the potentia l of the EU ETS to cont ribute to the EU’s overall 
                                                 
151 Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured 
system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council 
and Decision No 280/2004/EC of the European Parliament and of the Council 
152  Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC 
so as to improve and extend the greenhouse gas emission allowance trading system of the Community 
(COM (2008) 16). 
 
EN 129   EN greenhouse gas reduction commitments in an economically efficient manner; (2) 
Refinement and improvement of the EU ETS  in the light of experience; and (3) 
contribution to transforming Europe into a low greenhouse-gas-emitting economy 
and creating the right incentives for forward-looking low carbon investment 
decisions by giving a clear, undistorte d and long-term carbon price signal. 
• Proposal to include aviation activities in the EU ETS153: This Directive provides 
for aviation to be brought into the EU ETS  so as to limit the rapid growth in 
emissions of the sector. 
• Proposal on the geographical storage of carbon dioxide154: This Directive 
establishes a legal framework for the geological storage of carbon dioxide, the 
purpose being permanent containment of CO 2 in such a way as to prevent or 
minimise negative effects on the environment and any resulting risk to human health. 
• Proposal to limit the CO
2 emissions from cars155: This Regulation lays down 
harmonised rules to limit the average CO 2 emissions from new cars in the 
Community.  It thus seeks to fight climate change, reduce fuel costs and boost 
European competitiveness. 
6.2.6.3 Evaluation of the current posit ion in terms of implementation 
Under Decisions 280/2004/EC and 2005/166/EC , Member States must provide the 
Commission with annual reports  on their actual emissions of greenhouse gases and twice-
yearly reports on domestic climate change po licies and measures a nd emission projections. 
The Commission has been rigorously checking wh ether national reports were submitted on 
time and whether they were correct and comp lete. As a result of the enforcement action, 
reporting has steadily and significan tly improved in terms of timing and content. As far as the 
Emissions Trading Directive is concerned, following Commission enforcement action, all 
Member States have communicated thei r national implementing legislation.  
6.2.6.4. Further challenges in implemen ting Climate Change legislation 
• Implementing the EU ETS . Launched in January 2005, the EU ETS is the world’s 
largest company level ‘cap-a nd-trade’ system for tradi ng in emissions of carbon 
dioxide (CO 2) and has quickly become the main driving force behind the 
expansion of the emerging global carbon market. Putting this system into effect should allow the EU to achieve its greenhouse gas emission reduction targets 
under the Kyoto Protocol in a pa rticularly cost-effective way.  
                                                
 
153  Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC 
so as to include aviation activities in the scheme fo r greenhouse gas emission allowance trading within 
the Community (COM (2006) 818) 
154  Proposal for a Directive of the European Parliame nt and of the Council on the geological storage of 
carbon dioxide and amending Council Directives 85/337/EEC, 96/61/EC, Directives 2000/60/EC, 
2001/80/EC, 2004/35/EC, 2006/12/EC and Regulation (EC) No 1013/2006 (COM (2008) 18) 
155  Proposal for a Regulation of the European Parliament and of the Council setting emission performance 
standards for new passenger cars as part of the Community's integrated approach to reduce CO 2 
emissions from light-duty vehicles (COM (2007) 856). 
 
EN 130   EN • Ensuring provision of climate-relevant data . Accurate, up-to-date information is 
an essential basis for fighting climate change. One of the challenges for the 
Commission will therefore be to ensure that reporting of national greenhouse gas emissions improves still further, so that  all Member States communicate complete 
reports to deadline to ensure an effective follow-up to the United Nations Convention on Climate Change and the Kyoto Protocol 
6.2.6.5 Prioritisation of Commission’ s legal enforcement work 
The Commission has assessed the national alloca tion plans (NAPs) of all the 27 Member 
States for the second trading period (2008-2012) of the EU ETS  and has adopted decisions 
based on the Emissions Trading Directive.  It is currently checking to see whether the way 
Member States implement their NAPs, i.e. how they allocate the accepted total quantity of 
allowances to individual installations, is in conformity with its decisions. 
 
Having secured the transpositi on of the Emissions Trading Di rective, the Commission will 
now focus on assessing the correctness and completeness of the national implementing 
legislation in the Member States . Priority will be attached to  the pursuit, through infringement 
proceedings if necessary, of any shortcomings likel y to affect the attainme nt of the legislative 
objectives.  
In the coming years, the Commission will contin ue to pursue legal enforcement action against 
Member States that fail to comply with thei r reporting obligations und er the climate change 
legislation, including in rela tion to reporting and monitoring the Community’s greenhouse gas 
emissions and implementing the Kyoto Protocol.  
For the new directives, the Co mmission will draw up implementa tion action plans. This will 
involve forward planning of work to en courage correct and timely transposition. 
6.2.7   Industrial Installations  
6.2.7.1 Current position 
The most important piece of legislation relating to industrial emissions is Directive 96/61/EC 
concerning integrated pollution prevention and control (the IPPC Di rective), which was 
codified by Directive 2008/1/EC156. It sets out common permit rules for industrial 
installations. Operators of installations covere d by the IPPC Directive are required to obtain 
an authorisation (environmental permit) from the authorities of the Member States. The Large Combustion Plant (or LCP) Directive
157 aims to reduce emissions of. sulphur dioxide, 
nitrogen oxides and dust from large combustion pl ants – i.e. plants w hose rated thermal input 
is equal to or greater than 50 MW., The contro l of emissions from such plants plays an 
important role in the Community’s efforts to combat aci dification, eutrophication and ground-
level ozone as part of the overall strategy to reduce air pollution. Further important legislation 
                                                 
156  OJ L 24, 29.01.2008, p. 8-29. 
157 Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large 
combustion plants  OJ L 309, 27.11.2001, p. 1–21  
 
EN 131   EN relating to industrial emissions includ es the Waste Incineration Directive158 and the Solvents 
Directive159.  
The Seveso II or Major Accident Hazard Directive160 applies to establishments in which 
certain dangerous substances are present in su fficiently large quantities to create a major 
accident hazard. It contains obligations on both operators and Member State authorities to 
take measures aimed at preventing major accidents and limiting their consequences. One of the key requirements is that emergency plan s must be drawn up for areas surrounding so-
called “upper tier“ establishments in order to properly protect the publ ic should an emergency 
arise. 
Work in 2007 
Follow-up work concerning permit procedur es for existing IPPC installations 
Under  the IPPC Directive, existing IPPC inst allations had to obtain permits in accordance 
with the requirements set in that directive by 30 October 2007 at the latest. After the expiry of this deadline, the Commission requested that all Member States provide information on the 
number of permits issued for existing IPPC installations and the number of outstanding 
permits in order to obtain an updated picture of the situation and decide the kind of actions to 
be taken. The replies that were received s howed that around 10.000 installations across the 
EU were not yet permitted in accordance with the Directive.  
Follow-up work concerning the LCP Directive 
Under  the LCP Directive Member States had to  submit the summary of their emission 
inventories for the years 2004, 2005 and 2006 to the Commissi on by 31 December 2007 at the 
latest. In October 2007, the Commission reminded all Member States to this obligation and 
requested Member States to submit also pl ant-by-plant emission data. The summary of 
emission inventories and the plant-by-plant data are essential pieces of information for the 
Commission in order to assess the actual implem entation of the Directive and to prepare a 
summary of the comparison and evaluation of th e national inventories within the timeframe 
set in the Directive.  
Infringements concerning the Ozone Regulation
161 
The Ozone Regulation sets out controls on production, importation, exportation, supply, use 
leakage, recovery and lays down the phasing-out in line with the definitions of the Montreal 
Protocol. Over the course of the last few y ears, the Commission has opened a number of 
infringement procedures based on different  provisions of the Re gulation. In 2007, the 
                                                 
158 Directive 2000/76/EC of the Eu ropean Parliament and of the Co uncil of 4 December 2000 on the 
incineration of waste (OJ L 332, 28.12.2000, p. 91–111).  
159 Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic 
compounds due to the use of organic solvents in certain activities and installations ( OJ L 85, 29.3.1999, 
p. 1).  
160 Council Directive 96/82/EC on the control of major-accident haza rds involving dangerous substances  
OJ L 10, 14.1.1997, p. 13–33. 
161  Regulation (EC) No 2037/2000 of the European Parliament and of the Council on substances that 
deplete the ozone layer  (OJ L 244, 29.9.2000, p. 1–24.).  
 
EN 132   EN Commission launched further proced ures against five Member St ates with regard to the non-
decommissioning of the halons used in   the fire extinguishers of ships. 
Non-conform transposition of  the SEVESO II Directive  
In 2007, the Commission checked the conformity of  legislation for EU-10 Member States and 
launched a  infringement procedur es against nine Member States. 
External Emergency Plans 
The Commission continued infringement pro ceedings against 12 Member States over the 
failure to adopt emergency plans for chemical plants required under th e SEVESO II Directive 
Judgments of the Court of Justice in 2007  
The Court delivered a ruling concerning Counc il Directive 96/61/EC of 24 September 1996 
concerning integrated pollution preventio n and control (Case C-263/07, Commission v 
Luxembourg) concerning the non-transposition of some provisions of this Directive. 
6.2.7.2  Changes underway 
Some EC environmental legislation in this dom ain has been subject to an important review 
recently. This development is marked by the proposal for a Directive on industrial 
emissions162 that the Commission adopted in Decem ber 2007. It aims at simplifying the 
existing legal framework in the field of industr ial emissions. The proposal was adopted in the 
form of a recast of seven existing directives in the field (the IPPC Directive, the LCP 
Directive, the Waste Incineration Directive, th e Solvents Directive and three directives in 
relation to titanium dioxide 78/176/EEC163, 82/883/EEC164 and 92/112/EEC165). The  result 
was a single text combining, the substantive amen dments to the directives and the original 
provisions which remain unchanged. The recast te chnique enables existi ng provisions to be 
simplified and streamlined: redundant provi sions and unnecessary obligations can be 
repealed, while reporting and monitoring requ irements are simplified. This should help 
Member Statesto reduce unnece ssary administrative burdens. 
A review of the Seveso II Directive, the pr ovisions of which have  remained essentially 
unchanged for over 10 years, is underway. 
                                                 
162  COM(2007)844 
163  Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (OJ L 
54, 25.2.1978, p. 19).  
164  Council Directive 82/883/EEC of  3 December 1982 on procedures for the surveillance and monitoring 
of environments concerned by waste from the titanium dioxide industry ( OJ L378, 31.12.1982, p. 1).  
165  Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes 
for the reduction and eventual elimination of po llution caused by waste from the titanium dioxide 
industry ( OJ L 409, 31.12.1992, p. 11)  
 
EN 133   EN 6.2.7.3 Evaluation of the current posit ion in terms of implementation 
The IPPC Directive requires some 52 000 existi ng industrial inst allations to operate by 30 
October 2007 at the latest according to a permitis sued in accordance with the IPPC Directive.. 
The Commission has drawn the attention of the Me mber States to this deadline on several 
occasions. However, there are indications that , for about 10 000 installations, the deadline for 
issuing the permits was missed. The Commission has subsequently launched infringement 
procedures against the Member States w ith the highest number of missing permits.  
The Commission has developed an action plan fo r implementation of the existing legislation 
on industrial emissions that formed pa rt of the Commission’s Communication 'Towards an 
improved policy on i ndustrial emissions '166. This set out key actions  over the tim eframe 2008-
2010. The details of each action are set out w ithin the Communication itself. The Commission 
will produce regular reports on the implementation of the action plan and will review the plan 
by the end of 2010, assessing how it fits in with the Commission's proposal on the new 
Directive on industrial emissions. 
6.2.7.4. Further challenges in implementing industrial installa tions legislation 
• Lack of permits for existi ng industrial installations . The Commission started to 
analyse how effectively Member States have implemented the requirements of 
the IPPC Directive by reference to installation specific case studies, in particular those related to the permits; and to identify where problems in implementation may have arisen. 
 
• Achieving uniform interpretation and implementation of BAT and BREFs . The 
IPPC Directive does not set standards or  thresholds for the prevention and 
control of emissions, or for other envi ronmental aspects, but leaves this 
responsibility to the Member States. Me mber States must ensure that IPPC 
permits include emission limit values based on Best Available Techniques 
(BAT). In determining what constitutes BAT, the competent authorities have to 
take into account the reference documents on BAT (BREFs). BREFs are 
adopted by the European Commission based on an exchange of technical 
information between experts from industr y, Member State authorities, research 
institutes and NGOs167. It is particularly challenging to ensure that BREFs are 
interpreted and implemented uniformly in all Member States.  
• Controlling major specific sources of air pollutants.  Compliance with 
legislation aimed at limiting air pollutant  emissions from specific sources, as 
for instance the Large Combustion Plan ts, the Waste Incineration and the 
National Emissions Ceiling Directives168, will also be essential. 
• Lack of emergency plans for Seveso “upper tier“ installations.  Plans are 
required for about 8 000 installations in all. They should have been in place 
                                                 
166  COM(2007) 843 final. 
167  This exchange is coordinated by the IPPC Bureau in Seville (http://eippcb.jrc.es/ ), which sets up a 
technical working group for each BREF. 
168  Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for 
certain atmospheric pollutants,  (OJ L 309, 27.11.2001, p. 22–30). 
 
EN 134   EN since 2002 for the EU-15 Member St ates and 2004 for the EU-10, but a 
considerable number of installations in many Member States are still not 
covered. The Commission launched a "horiz ontal" legal action in 2007, that is 
a similar legal action against all Member States lacking emergency plans. 
6.2.7.5. Prioritisation of Commission ’s legal enforcement work 
The Commission will continue to pursue the in fringement procedures launched against 
Member States with the highest number of missing IPPC permits. Le gal actions are also 
envisaged against Member States with fewer missing permits if no progress is forthcoming. 
The Commission will also take action against syst ematic breaches of the IPPC Directive, and 
will ensure that Member States fulfil their reporting obligations. Legal enforcement action 
over lack of provision of relevant data by cert ain Member States has already been launched 
recently under the LCP Directive.  
With regard to guidance concerning the Co mmission’s proposal on i ndustrial emissions , 
work is likely to be undertaken after 2010 in  the context of the new Committee suggested 
within the proposal. The Commissi on has already begun preparations  in this respect with a 
proposal to amend the remit of the existing IPPC Experts Group (IEG)  to consider wider 
industrial emissions legislation in the future under the title of Industrial Emissions Experts 
Group (IEEG). Transposition of the resulti ng directive will be confirmed, and the 
Commission will offer support to Member States in such transposition. The exact form of 
such support has not been determined at this early stage in proceedi ngs, although as indicated 
above, it is likely that the meas ures that presently exist in the Commission’s Action Plan for 
implementation of the legislation on indus trial emissions will continue into the 
implementation of the proposal. 
The Commission will continue to press for ex ternal emergency plans under the Seveso II 
Directive. 
6.2.8   Chemicals, Pesticides, Biocides and Biotechnology 
6.2.8.1  Current position 
The REACH Regulation  (1907/2006)169, which entered into for ce on 1 June 2007, is the 
cornerstone of the EU’s new chemicals legislat ion. REACH, which is considerably more far-
reaching than previous legislation, deals with  the registration, evaluation, authorisation and 
restriction of chemicals. Registration means th e process by which information on the safety of 
chemicals, will need to be submitted for regist ration in a central database, managed by ECHA. 
Evaluation includes a quality check of the regi stration dossiers and ex amination of testing 
proposals and is done by ECHA; it also includ es a more thorough examination of specific 
substances, where Member States play an important role. Substances of very high concern 
will require authorisation  for use and before being placed on the market. There is a procedure 
                                                 
169  Regulation  (EC) No 1907/2006 of the Eu ropean Parliament and of th e Council of 18 December 2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), 
establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No. 793/93 and Commission Regulation (EC) No  1488/94 as well as Council 
Directive 76/769/EEC and Commission Directives 91/155/EEC,  93/67/EEC, 93/105/EC and 
2000/21/EC. 
 
EN 135   EN for the regulation of Community-wide condition s for the manufacture, placing on the market 
or use of certain substances where there is an unacceptable risk to health or the environment. 
Separate legislation currently continues to govern the classifi cation, packaging and labelling 
of dangerous substances and prep arations. The main provisions in this regard are contained in 
Directive 67/548/EEC170 (for substances) and Directive 1999/45/EC171 (for preparations). 
Directive 76/769/EEC, which concerns restric tions on the marketing and use of certain 
dangerous substances, will remain in force until 1 June 2009, when it will be repealed by the REACH Regulation. Two other pieces of legisl ation should be mentioned here. First, 
persistent organic pollutants (“POPs“) are governed by Regulation 850/2004. Second, basic 
provisions concerning the protection of laboratory animals us ed in experiments are contained 
in Directive 86/609/EEC. 
Directive 98/8/EC of the European Parliament  and of the Council concerning the placing of 
biocidal products on the market
172 (the Biocides Directive) c oncerns the authorisation and 
placing on the market of biocidal products in the Member States and the establishment at 
Community level of a list of active substances which may be used in biocidal products. 
Council Directive 90/219/EEC173 lays down common measures for the contained use of 
genetically modified micro-organisms for th e purpose of protecting human health and the 
environment. Directive 2001/18/EC of the Eur opean Parliament and of the Council on the 
deliberate release into the environment of ge netically modified organisms and repealing 
Council Directive 90/220/EEC174 establishes a common methodology for risk assessment and 
a safety mechanism. It also introduces manda tory public consultation and GMO labelling.  
Work in 2007 
Main infringements in 2007  
Non-conformity with the Direct ive on Contained Use of genetica lly modified micro-organisms  
A horizontal case dealing with non-conform tran sposition of Directiv e on Contained Use of 
genetically modified  micro-organisms175 was opened in 2007. This Directive lays down 
common measures for the contained use of geneti cally modified micro-organisms with a view 
to protecting human health and the environment.  In 2007,  first warning letters were sent to 
twelve Member States. 
6.2.8.2  Changes underway 
This sector of EC environmental law is char acterised by substantial new developments, in 
particular in the chemicals and pesticides sectors.  
• Firstly, REACH entered into force on 1 June 2007. This included the 
establishment of the European Chemicals Agency (ECHA) and the preparation of 
                                                 
170 OJ L 196, 16.08.1967, p. 1. 
171 OJ L 200, 30.07.1999, p. 1. 
172  OJ L 123, 24.4.1998, p. 1–63.  
173  OJ L 117, 8.5.1990, p. 1–14.  
174  OJ L 106, 17.4.2001, p. 1–39.  
175 Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-
organisms as amended by Council Directive 98/81/EC 
 
EN 136   EN IT-systems to hold the new database. Registration of chemicals manufactured or 
imported in quantities of 1 tonne or more per ye ar started on 1 June 2008. 
Between 1 June and 1 December 2008 manufact urers will have the possibility to 
pre-register their phase-in substances. Pre-registration, as its name suggests, 
precedes full registration and provides for extended deadlines. Depending on the volumes and the hazardous properties of substances, these extended deadlines are 
2010, 2013 or 2018. If a company fails to pr e-register, from 1 December 2008 it 
can no longer place its phase-in substances  on the market until it has completed 
registration.  
• Furthermore, the Commission’s Proposal  for a new Regulation dealing with the 
classification, labelling and packag ing of substances and mixtures
176 has almost 
completed the legislative procedure for adoption by the European Parliament and the Council. This new proposal incor porates the UN GHS (United Nations 
Globally Harmonised System) into Comm unity law and replaces, to a large 
extent, the existing legislation on cl assification, labelling and packaging. 
• Secondly, as regards pesticides, the Commission adopted in June 2006 the 
Thematic Strategy on the Sustainable Use of  Pesticides together with a proposal 
for a Framework Directive on the sustainable use of pesticides
177 and a proposal 
for a Regulation on the placing of plant pr otection products on the market revising 
Directive 91/414/EEC. The aim of the Thema tic Strategy is to fill the current 
legislative gap regarding th e use-phase of pesticides178 at EU level by setting 
minimum rules for the use of pesticides in  the Community, so as  to reduce risks to 
human health and the environment from th e use of pesticides. For the time being, 
the Commission has proposed to restrict the scope of the Framework Directive to 
plant protection products. Th e intention is, however, to include biocides in the 
scope as soon as possible.  
6.2.8.3 Evaluation of the current posit ion in terms of implementation 
As the REACH Regulation entered into force on 1 June 2007 and its main obligations started 
applying on 1 June 2008, there is not yet sufficien t information concerning its implementation 
in Member States. In order to ensure complian ce, Member States should put in place effective 
monitoring and control measures. Every five years Member States must submit a report to the 
Commission on the operation of the Regulation in their respective territories, including 
sections on evaluation and enforcement. Penalt ies for non-compliance must be notified to the 
Commission by 1 December 2008. 
The Biocides Directive stipulates that Member States have to take the necessary steps to 
monitor their market and make sure it complies with the requirements of the Directive. The 
first reporting covering the period of May 2000 to November 2003 provided a lot of useful 
information and revealed a few points of conc ern. The second composite report prepared by 
the Commission in April 2008, covering the period December 2003 to November 2006, has 
                                                 
176 COM (2007) 0611. 
177  Proposal for a Directive of the European Parliament and of the Council establishing a framework for 
Community action to achieve a sustainabl e use of pesticides (COM (2006) 373). 
178  The current legislative framework mainly concentrates on the beginning and the end of life stages of 
pesticides. 
 
EN 137   EN found that Member States have made a signi ficant progress to implement and enforce the 
directive’s provisions by taking the appropriate measures. In th is regard, mention must be 
made of the number of guidance document pr epared by the Commission to help ensuring 
effective implementation of the Biocides Directive.  
Concerning the Biotechnology sect or, studies obtained by the Commission revealed a number 
of shortcomings in the national implementi ng legislation for Directive 90/219/EEC as 
amended by Directive 98/81/EC (contained use of GMOs) in several Member States. Since 
the completeness and correctness of implementing legislation within the Member States are 
important determinants of good implementatio n in practice, the Commission has launched 
legal enforcement action against several (mai nly EU-15) Member States that have not 
properly transposed this directive.  
6.2.8.4 Further challenges in implementing legisla tion relating to the Chemicals and Biocides 
sector 
• Effective implementation of REACH.  The Chemicals Agency will play a key role 
in the effective implementation of REACH. It will coordinate, over a period of 11 
years, the registration of  some 30 000 chemical substances in use today. To 
exchange information on enforcement, th e Forum for Exchange of Information on 
Enforcement, composed of members nomi nated by the Member States, was set up 
within ECHA. The Forum coordinates a network of Member State authorities 
responsible for enforcement of the Regula tion. Its main tasks include: proposing, 
coordinating and evaluating harmonise d enforcement projects and joint 
inspections; identifying enforcement strate gies and, best practice in enforcement; 
and examining proposals for restrictions with a view to advising on enforceability.  
• Delays in transposition of a large number of directives.  The Biocides Directive 
provides for the evaluation and inclusion in a Community positive list (its Annex 
I, IA or IB) of active substances us ed in biocidal products that are found 
acceptable for a specific use (product-type) from the point of view of health and the environment. Member States that did not make a dynamic reference to Annex I, IA or IB to the Biocides Directive ha ve to transpose the directives amending its 
annexes by adding the newly approved active substances. This takes a lot of time, 
in particular considering that there ar e hundreds of active s ubstances currently 
scheduled for evaluation. The planned change of the Biocides Directive into a Regulation should solve this problem as  a transposition will no longer be 
necessary– though it should not be forgotten that Member States may also need to take legislative action in this event, for example repeal existing incompatible national legislation..  
6.2.8.5. Prioritisation of Commission' s legal enforcement work 
Legal enforcement action in these fields does not  constitute a significant workload for the 
Commission. In the coming years, the main priori ties in terms of enforcement work can be 
summarised as follows: 
The Commission will continue to work to  enhance good cooperation, coordination and 
exchange of information with the Member States and the European Chemicals Agency 
regarding enforcement so that the system es tablished by the REACH Regulation can operate 
 
EN 138   EN effectively. The Commission will work closely with the Forum for Exchange of Information 
on Enforcement in this regard. 
The Commission will continue to pursue infr ingement procedures concerning the non-
communication of the national im plementing measures of recently adopted directives that 
update the relevant Annexes to  the Biocides Directive.  
Work will also be done on securing that the Dire ctive on contained use of GMOs is correctly 
transposed in all Member States. To this e nd, the Commission will ex tend its legal action to 
cover all Member States that have failed  to properly transpose this Directive.  
After the adoption of the new framework direc tive on the sustainable use of pesticides, the 
Commission will carefully monitor its transposition into the Member States’ national legislation on the basis of a risk-based impl ementation action plan. This will involve forward 
planning of work to encourage co rrect and timely transposition. 
 
6.2.9  Governance and Environmental Liability 
6.2.9.1  Current position 
Directive 2003/4/EC of the European Par liament and of the C ouncil on public access to 
environmental information and repealing Council Directive 90/313/EEC
179 (Access to 
Environmental Information Directive) aims to ensure that environmental information is 
available to the public upon request and actively disseminated through computer 
telecommunication or electr onic technology. Directive 2004/ 35/EC of the European 
Parliament and of the Council on environmental liability with regard to the prevention and 
remedying of environmental damage (Environmental Liability Directive)180 establishes a 
framework for environmental liability based on th e "polluter pays" princi ple, with a view to 
preventing and remedying environmental damage. 
Work in 2007 
Main infringements in 2007  
Transposition of the Environm ental Liability Directive 
The Environmental Liability Dir ective was to be transposed by 30 April 2007 at the latest. 
However, only four Member States had notifie d complete transposition by this transposition 
deadline. Consequently, the Commission opene d infringement procedures in June 2007 
against those Member States which had fa iled to transpose the Directive on time.  
 
                                                 
179  OJ L 41, 14.2.2003, p. 26–32  
180  OJ L 143, 30.4.2004, p. 56–75  
 
EN 139   EN 6.2.9.2 Changes underway 
The Access to Environmental Information Di rective and the Environmental Liability 
Directive are both recent instruments. The former  was adopted in order to fully comply with 
the Aarhus Convention. While modifications ca nnot be excluded in the future, there are no 
current plans to change them. 
6.2.9.3 Evaluation of the current posit ion in terms of implementation 
The Commission has pursued the failure to transpose the Access to Environmental 
Information Directive, obtaining two ECJ rulings in 2007 (Case C-391/06, Commission v 
Ireland, decision of 3 May 2007 and Case C-340/06, Commission v Austria, decision of 5 July 
2007). 
By the end of 2007, a total of eleven Member States had notified complete transposing 
measures: Italy, Lithuania, Latvia, Hungary, Germany, Romania, Slovakia, Sweden, Spain, 
Estonia and Cyprus. 
6.2.9.4. Further challenges in implementing legislation 
Commission efforts need to continue to ensure  that the Environmental Liability Directive 
(ELD) is fully and correctly transposed. Apart fro m the application of the significance criteria 
(Annex I) and the application of the appropri ate measures to ensure the remedying of 
environmental damage ('primary', 'complementary' and 'compensatory' remediation according 
to Annex II), the proper functioning of financial security instruments will be significant for 
successful implementation of the ELD in the Member States. Based on various information sources (studies commissioned by the Commissi on, information drawn from national experts 
as well as from stakeholders such as the fi nancial sector, industry and NGOs etc.), the 
Commission will have to present a report befo re 30 April 2010 on the effectiveness of the 
ELD in terms of actual remediation of enviro nmental damages and on the availability at 
reasonable costs and on conditions of insurance and other types of  financial security fort the 
activities covered by the scope of  strict liability of the ELD. 
6.2.9.5 Prioritisation of Commission' s legal enforcement work 
The Commission will conti nue its efforts to ensure that th e Environmental Liability Directive 
is correctly transposed in all Member States.  
6.3.1 Implementation of Communication 2002 on Be tter Monitoring the Application of 
Community Law  
Despite being a very powerful tool to addr ess implementation problems, infringement 
proceedings pursuant to Articles 226 and 228 of  the Treaty are not the only way to improve 
Member States’ compliance with EC environmental law. In order to ensure an effective implementation, the Commission is making use of a wide range of non-legal instruments and 
initiatives aimed at promoting better impl ementation and at identifying and addressing 
potential problems as early as possible. This is in line with the 2002 Communication of the 
Commission on better monitoring of th e application of Community law
181. 
                                                 
181 COM(2002) 725 final, 13.12.2002 
 
EN 140   EN Better implementation is also promoted through contacts with Member States in expert groups 
and committees to discuss implementation issues. In 2007, seven package meetings were organised between the Commi ssion and Member States; in  addition, numerous ad-hoc 
meetings, workshops and seminars with the pa rticipation of nationa l, regional and local 
authorities took place with a common aim of improving better implementation. The 
Commission also gave technical advice to Member States prio r to transposition of some 
directives in order to address implementation pr oblems at an early stage. The cooperation on 
the implementation of the Directive on Environmen tal liability, where an informal network of 
national liability expert s was set up, may serve as an example here. 
6.3.1.1  Existing networks promoting better im plementation of EU environmental law 
Implementation of Environmental Law (IMPEL) 
Information exchange between implementing authorities through th e establishment of 
informal implementation networks is also a tool for improving implementation. Since its 
inception in 1992, the informal EU network fo r the Implementation of Environmental Law 
(IMPEL), consisting of European regulat ors and inspectors concerned with the 
implementation and enforcement of environmen tal law, has been a key instrument in 
discussing the practical application and enforc ement of existing legislation. In accordance 
with the Sixth Environmental Action Programme, the core of IMPEL's activities concerns the 
exchange of information and experience on implementation and enforcement of existing EU 
environmental legislation and the developm ent of common views on the coherence and 
practicality of this legislation. 
IMPEL's work programme for 2007 included a va riety of project activities amongst which 
were the European Enforcement action on waste shipment, the IMPEL Review Initiative (IRI) 
in Scotland and Norway, End of Life Vehicles for Export, Incidental release from industrial 
installations, Practical aspect s of EU Emission trading sche me, Comparison programme for 
landfill inspection and monitoring, comparison of  methodologies used for fine estimation. 
IMPEL was also called to participate in the revi ew of the IPPC Directive. Towards the end of 
the year new projects such as the comparis on of ENV Tariffs and INSPEC-CEM had their 
kick-off meetings. The projects aimed at improving the quality of implementation of existing EU legislation through trai ning, in-depth discussions on environmental issues and 
enforcement aspects; including monitoring and permitting processes. 
The European Commission led some of the project s in 2007, particularly in the context of the 
review of the Recommendation on the Minimu m Criteria of the Environmental Inspection 
(RMCEI) and IPPC; this went some way to a ddress overall Strategic Goals set in its new 
Multi Annual Work Programme 2007-2010 (adopt ed in Espoo, Finland in 2006). One of the 
goals was the specific development of a common basis for the better performance of environmental inspection tasks within the Member States and even further to improve the quality of the environmental inspection m echanism through networking at Community and 
MS level. 
It is envisaged that all the resulting experience will enable IMPEL, in future, to play an 
important role at different stages of the regulatory chain by providi ng advice on general 
question related to implementation and enforcement. 
GreenEnforce Network  
 
EN 141   EN GreenEnforce Network is a voluntary informal European Union network of practitioners 
focused on the implementation of EU provisions in the field of nature and forestry. The 
Network has been established as an informal forum where representatives can share 
information and experience, discuss problems and offer each other practical advice. The 
Network’s main objective is to create the nece ssary impetus in the European Union to make 
progress on ensuring a more effective applica tion of environmental le gislation. It promotes 
the exchange of information and experien ce and the development of environmental 
legislation, with special emphasis on Community  environmental acquis. It provides the 
competent authorities (such as environmental inspectors and enforcement officers) with a 
framework within which to exchange ideas an d encourages the development of enforcement 
structures and best practices and aims to s upport better co-operation be tween the “nature” and 
“forestry” part of inspections. The creation of this Network builds on the idea that implementation in the field of nature and forestry has not achieved the same level of harmonisation in the EU Member States as environmental inspection in other fields.  
In 2007, the Network hosted two experts meetings, hold in June ( Madrid - Implementation of 
Forest Management Plans on Natura 2000 sites) and in September ( Netherlands - Achieving 
conservation objectives on designated site s with the support and involvement of 
stakeholders). The 2 reports have been endor sed by the Plenary sessi on, which took place in 
December and which fixed the specific objectives of the 2 experts meetings for 2008.  
European Forum of Judges for the Environment Created in 2003, the European Forum of Judges for the Environment (EFJE) aims to promote 
the implementation and enforcement of national,  European and international environmental 
law. The objectives of the Forum are to sh are experience on judici al training and on 
environmental case law and to contribute to the better implementation and enforcement of 
international, European and national environmental law.  
In 2007, the Commission pursued its support to this Forum, in pa rticular through its 
participation to the Annual Conference of the EFJE (Lux emburg, Dec. 2007) addressing 
criminal enforcement of environmental legisla tion; it presented the Commission's proposal for 
a directive on the protection of the environment through criminal law.  
 6.3.1.2   Better Regulation 
Of all the simplification initiatives scheduled  for adoption in 2007 in the context of the 
Simplification Rolling Programme, 62% of the programme has been delivered by the Commission. In that context, after a two year review pro cess including comprehensive 
consultation of stakeholders, the Commission adopted on 21 December 2007 a proposal for a Directive on industrial emissi ons, COM (2007)844, as the most important contribution to the 
Simplification Rolling Programme in that year in  the environmental law sector. This proposal 
was adopted in the form of a recast of altogether  seven existing directives in that field (IPPC 
Directive 96/61/EC, LCP Directive 2001/80/EC,  Waste Incineration Directive 2000/76/EC, 
VOC Solvents Directive 1999/13/EC, and the three directives in relation to titanium dioxide 
78/176/EEC, 82/883/EEC and 92/112/EEC). 
The use of the recasting technique made it po ssible to combine in a single text both, the 
substantive amendments proposed to the direct ives and those of their original provisions 
which remain unchanged. The recast allows  simplifying and streamlining of existing 
 
EN 142   EN provisions. Redundant provisions and unnecessary ob ligations are going to be repealed, while 
reporting and monitoring requirements will be simplified by a move towards electronic 
reporting. This should assist Member States ' actions to reduce unne cessary administrative 
burdens. 
Work aiming at simplifying Community legisl ation progressed also in other areas of 
environmental policy in 2007, to mention only further work on the Shared Environmental 
Information System (SEIS), on the revision of  the EMAS and of the Eco-Label schemes 
(Regulations 761/2001 and 1980/ 2000), and on the revision of the RoHS- and WEEE-
Directives 2002/95 and 2002/96.  
 6.3.1.3.  Petitions and Complaints 
Petitions to the European Parliament and comp laints to the Commission represent a valuable 
source of information in detecting violations of Community law. This is of particular 
importance since the Commission does not have any “inspection” powers. Facts brought to 
the attention of the Commission through both petit ions and complaints allow it to verify 
compliance on the ground. After examination of t hose facts and, in most cases, after checking 
with the authorities concerned, the Commission verifies whether the Member States have 
correctly applied European Community Law.  Sometimes, the Commission's intervention 
helps to resolve potential infringements befo re they occur. However, some of these 
complaints and petitions lead to the op ening of an infringement procedure. 
This preventive role, in terms of the Commis sion's handling of complaints and petitions, 
provides fruitful results and help s to ensure better implementati on. However, it is particularly 
important that the petitioners/complainants provi de a clear identification of potential breaches 
of community law, with supporting data, in order to facilitate the handli ng of files. In 2007 the 
Commission received 146 petitions related to th e field of environment which is around one 
third of the petitions sent by the European Parliament to the Secretariat General of the 
Commission and up from 25 % in 2006. 
 6.3.1.4. Implementation sessions with the European Parliament 
The implementation session are organised by the Committee on Environm ent, Public Health 
and Food Safety of the European Parliament. Four sessions were organised in 2007. The 
issues that were mainly dealt with were na ture and water protection, waste, and climate 
change. 
The last session held in November 2007 intr oduced a new format for the implementation 
session. The new format aims to concentrating the questions on one e nvironmental directive 
at the time and in that way ma ke the session more informative and ensure a possibility for a 
dialogue between the Commission and the Parliame nt on these issues. The new format for the 
session includes a technical pres entation of the Directive and the challenges in implementing 
it, a presentation of the infringement procedur es that the Commission has started for ensuring 
correct implementation as well as replies to the questions asked followed by a discussion. The 
first directive dealt with in the new format wa s the Urban Waste Water  Treatment Directive. 
 6.3.1.5  Role of Non-Governmental Organisations 
An important role when iden tifying breaches of EU Environm ental legislation, mainly 
through the instrument of a complaint, is  played by environmental non-governmental 
 
EN 143   EN organisations (NGOs). In 2007, NGOs contribut ed to promoting good implementation of 
environmental legislation and public awareness.  DG Environment is pro-active in keeping a 
regular dialogue with NGOs and a practice of mee ting representatives of NGOs back to back 
to the package meetings in Member States has recently been developed and proves to be efficient. 
 6.3.1.6  Conformity checking  
The environmental acquis is characterised by many individual instruments, mostly directives, 
reflecting the many subject-areas that have b een addressed. This makes for a high volume of 
national implementing legislation, as does the fact that, in many Member States, regional 
implementing legislation is necessary. The co mpleteness and correctness of implementing 
legislation within the Member States are im portant determinants of good implementation in 
practice. That is why, in rece nt years, the Commission has pu t a strong emphasis on checking 
the quality of national legislation. It has undertaken many studies and, for key directives 
assessed as presenting high risks of serious practical problems in the absence of compliant 
legislation, launched horizon tal infringement procedures  (examples include impact 
assessment, nature conservation and certain wate r legislation). This work is ongoing. It has 
also been decided that, for impor tant recently adopted directives , the responsible units within 
DG ENV will prepare individual implementati on action plans. This will involve forward 
planning of work to encourage co rrect and timely transposition.  
6.4   General evaluation 
The implementation of the Community's environmental acquis  presents significant challenges 
which are outlined in the Commission's Commu nication on implementing EC environmental 
law. The Commission will continue in 2008-2009 its  efforts to use the right combination of 
compliance promotion and enforcement work to overcome problems and close implementation gaps.  
The state-of-play is that the transposition proce ss remains to be completed for certain recent 
directives such as that on environmental liab ility (transposing measur es having already been 
transmitted for older directives), with delays  sometimes involving specific regions within 
Member States; improvements need to be made to transposing measures already submitted for 
other directives such as those on nature conser vation; certain key admini strative steps such as 
site designations and grant of pollution licences need to be completed in certain Member States; overdue reports need to be submitted by certain Member States; important waste-water and other infrastructural investments need to be finalised in many parts of the Community; 
greater efforts need to be made to ensure that air quality standards are respected; and 
procedural requirements in relation to impact assessment need to be respected for thousands 
of plans and projects. 
The Communication on implementi ng EC environmental law has set out the priorities for 
addressing problems and gaps. These encompass non-transposition, defective transposition and other failures that are important in nature  or scale, as well as non-compliance with ECJ 
rulings.  
In the period 2008-2009, the Commission will in particular focus efforts on the following: 
 
EN 144   EN • Reducing as far as possible the number of incompletely resolved ECJ rulings.  At 
the end of 2007, there were 77 such open cases. The Commission will strive to 
reduce this number by th e next reporting period.  
• For the main recent directives, the Commission has started a process which 
involves it preparing transpos ition action plans. These wi ll seek to apply a range 
of means to encourage timely transposition and to ensure that transposition is complete and correct.  
• Once legal deadlines have pa ssed, infringements will be vigorously pursued for 
non-transposition. 
• There will be ongoing systematic checki ng of the conformity of transposing 
legislation, with infringement proce dures being pursued for key failures. 
Particular emphasis is currently be ing placed on complete and correct 
transposition of, amongst othe rs, the Birds Directive, the Habitats Directive, the 
Impact Assessment Directive, the Landf ill Directive, the Waste Framework 
Directive, the WEEE Directive and the Water Framework Directive.  
• Several of the directives mentioned in the previous point contain procedural 
requirements which figure in many complaints and petitions. By seeking 
improved national legislation to implemen t these (and other related instruments 
such as the Access to Information and Public Participation Directives), the 
Commission seeks to avoid at least some  procedural problems at the level of 
individual plans and projects. 
• Apart from non-transposition and defective tr ansposition, work will be devoted to 
key problems of practical application. Th ese include, for water, lack of waste-
water collection and treatment systems; fo r nature, designation shortfalls and poor 
site management; for waste, lack of solid waste treatment facilities and tolerance 
of illegal landfills; and for air, excessive urban concentrations of certain air pollutants; for industrial in stallations, fulfilment of permit and other requirements. 
• Required reports and informati on updates, such as on measures to combat climate 
change, will be the subject of systematic Commission action. 
In 2007, the readiness of the Commission to seek  interim measures in relation to a Polish 
motorway project attracted considerable interest. In general, interim measures can be seen as a 
means of avoiding possibly irretr ievable environmental harm befo re a legal dispute has run its 
normal course. Where the circumstances warrant it, the Commission intends to resort to such 
measures in future cases. 
The Commission will also need to manage th e continuing demands created by individual 
complaints, enquiries and petitions. It hopes that the improved problem-solving mechanism 
will make a positive contribution to this challenge. 
As for the outlook in 2008-2009, the Commission e xpects to have a considerable work-load 
but it hopes and expects that the sum of its e fforts will produce results in terms of improved 
implementation. In this regard, a few points ca n be made. Commission intervention tends to 
produce relatively rapid results w ithin a one to two-year time-frame for certain categories of 
 
EN 145   EN problem, such as non-transposition or lack of  reporting. For other more complex problems, 
complete resolution can take several years to achieve: while this is not satisfactory, sight should not be lost of the positive interim progres s that often marks such longer-lasting cases – 
for example, increased though not complete netw orks of designated sites or partially though 
not completely implemented infrastructure requirements.  
 
EN 146   EN  
7 INFORMATION  SOCIETY  AND  MEDIA 
7.1 Electronic communications 
7.1.1 Current position 
7.1.1.1  Existing measures in force 
The Commission's overarching initiative for in formation society and media policies, i2010182, 
confronts the challe nge of rapid convergence and technological change with a regulatory 
framework for electronic comm unications that promotes competition, investment, innovation, 
the single market and consumer benefits. Enfo rcing full and effective implementation of the 
regulatory framework in electronic communications  is therefore essential for the sector’s 
contribution to the overall Lisbon goals.  
The EU regulatory framework for electronic co mmunications networks and services came 
into force in 2002. It cons ists of five Directives183. The Framework Dir ective outlines the 
general principles, objectives and procedures. Th e Authorisation Directive creates a regime of 
general authorisations for providers of  communications services. The Access and 
Interconnection Directive sets out rules fo r a multi-carrier marketplace, ensuring, in 
particular, access to networks and services  and interoperability. The Universal Service 
Directive guarantees basic rights for consum ers and minimum levels of availability and 
affordability. The e-Privacy or Data Protection Directive covers protection of privacy and 
personal data communicated over public networks. 
Transposition of the regulatory framework into the national law of the 27 Member States was 
completed in 2007 with the adoption of primar y legislation by Bulgaria and Romania.  
The 2004 and 2005 Commission radio spectrum harmonisation decisions184 have not yet been 
implemented at least in part in Ireland, the United Kingdom, Luxembou rg, Slovakia, Bulgaria 
and Romania by the end of 2007. 
                                                 
182 COM(2005) 229 
183 Directive 2002/21/EC (Framework Directive), Directive 2002/20/EC (Authorisation Directive), 
Directive 2002/19/EC (Access Dir ective), Directive 2002/22/EC (Uni versal Service Directive) and 
Directive 2002/58/EC on privacy an d electronic communications (furthe r referred to as the ePrivacy 
Directive). 
184  Commission Decision 2005/928/EC of 20 December 2005 on the harmonisation of the 169,4- 
169,8125 MHz frequency band in the Community (frequency band originally designated for the 
ERMES paging system); Commission Decision 2005/513/EC of 11 July 2005 on the harmonised 
use of radio spectrum in the 5 GHz frequency band for implementation of Wireless Access Systems including Radio Local Area Networks (WAS/RLANs); Commission Decision 
2005/50/EC of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band 
 
EN 147   EN  
The 2006 decisions, including 2006/771/EC of 9 November 2006 on the harmonisation of the 
radio spectrum for use by short-range devi ces (SRD) and 2006/804/EC of 23 November 2006 
on harmonisation of the radio spectrum for ra dio frequency identification (RFID) devices 
operating in the ultra high frequency (UHF) ba nd, had been implemented in most Member 
States in 2007, except for Belgium, Latvia a nd Romania in case of Decision 2006/771/EC and 
Latvia, Luxembourg, Romania and Austri a in case of Decision 2006/804/EC. 
 In 2007 the Commission adopted the follo wing spectrum harmonisation decisions: 
2007/90/EC of 12 February 2007 amending EC Decision 2005/513/EC of 11 July 2005 on 5 
GHz WAS/RLAN, 2007/98/EC  of 14 February 2007 on the harmonised use of radio spectrum 
in the 2 GHz frequency bands for the implemen tation of systems providing mobile satellite 
services (MSS), 2007/131/EC of 21 February 2 007 on allowing the use of the radio spectrum 
for equipment using ultra-wideband technology in a harmonised manner in the Community 
(UWB) and 2007/344/EC of 16 May 2007 on harm onised availability of information 
regarding spectrum use within the Community
185. 
By the end of 2007 their implementation was inco mplete. In particular, the MSS Decision had 
been implemented by 23 Member States, the UWB Decision by 19 Member States and the 
amending WAS/RLAN Decisi on by 20 Member States. 
7.1.1.2  Report of work done in 2007 
In line with the Commission Communication on better monito ring of the application of 
Community law186, the Commission services have continued to avoid the need for recourse to 
infringement proceedings by providing general guidance on transposition requirements via the 
Communications Committee (COCOM) and the Radio Spectrum Committee (RSC), and by 
making use of intensive bilateral contacts with the relevant national authorities. Following 
discussion in COCOM, measures on the harmonis ed application of th e regulatory framework 
for electronic communications were adopted, na mely an amendment to the decision on the 
"116" number range187. 
At the heart of the 2002 regulatory framew ork for electronic communications lies the 
principle that undertakings should not be subject to ex ante regulatory obligations unless they 
have been found to be dominant in a releva nt market, on the basis of a thorough market 
review by their national regulatory authority (NRA). Following the launch of infringement 
                                                                                                                                                         
for the time-limited use by automotive short-range radar equipment in the Community; and 
Commission Decision 2004/545/EC of 26 July 2004 on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community.
 
185  Decision 2007/344/EC entered into force on 1 January 2008.  
186 COM(2002) 725, of 11 December 2002. 
187  OJ L 284 of 30 October 2007. 
 
EN 148   EN proceedings, this market review process ha s made significant progress in 2007. All NRAs, 
apart from the ones in the two new Member  States Romania and Bulgaria, have now 
substantially completed the first round of mark et analysis and notified their results to the 
Commission and other NRAs in ac cordance with Article 7 of th e Framework Directive. This 
has created a genuine body of  know-how and experience whic h can be shared by NRAs 
across the Community. 
An increasing need for consumer protectio n goes hand in hand with the growth and 
diversification of electronic communication services and a growing number of service 
providers. A mechanism to sett le disputes between consumers and service providers that 
offers a more flexible, cheaper and less formal  alternative to court pr oceedings is therefore 
required under the Universal Serv ice Directive. Although practical applications of the dispute 
resolution mechanism vary from one Member State to another, th is has produced overall 
positive results, and a huge number of consumer complaints are dealt with at national level. 
Finally, DG INFSO continued to monitor th e general state of implementation of the 
regulatory framework, in close contact with th e national authorities and other stakeholders, 
when preparing for the Commissi on’s sector specific annual Progress Report addressed to the 
European Parliament, the Council, the Eur opean Economic and Social Committee and the 
Committee of the Regions188. 
Nonetheless, ensuring full and effective im plementation of the regulatory framework by 
formal infringement proceedings remained a prio rity also in 2007. By the end of the reporting 
year the Commission had opened nearly 160 infr ingement proceedings under Article 226 of 
the Treaty since the date of application of th e new regulatory framework; in some 100 cases 
this action is prompted by failure to implem ent the regulatory framework correctly. These 
proceedings concerned all EU 27 Member States. The relatively high number of non-
conformity cases is the result of DG INFSO's  proactive monitoring policy which entails a 
systematic conformity assessment of the national transposition measures notified to the Commission. This approach has pr oven to be critical for elec tronic communications, being a 
highly innovative and dynamic s ector which requires swift act ion to ensure regulatory 
consistency. The conformity assessment for each Member State is carried out on the basis of 
correlation tables which had been discussed a nd communicated to the Member States via the 
Communications Committee already before the date  of application of the current regulatory 
framework. 
During the reporting year, the Commission opened 13 new proc eedings, while 9 pending 
cases were taken to the second phase with a reas oned opinion being sent to the Member States 
concerned. The Commission decided to refer twelve cases to th e Court of Jus tice in 2007. At 
the same time, the Commission decided to clos e twenty-one proceedings following action by 
the Member States. Six infringement proceedings  were launched due to the failure of the new 
Member States, Bulgaria and Romania, to notif y on time all transposition measures taken. All 
these cases, however, could be closed after the sending of letters of fo rmal notice, following 
the adoption and notification of the relevant transposition measures. The Commission services 
have now started scrutinising the implementa tion measures notified to it by Bulgaria and 
Romania. 
                                                
 
188 “Towards a Single European Telecoms Market (13th Progress Report)”, COM(2008) 153 of 19 March 
2008. 
 
EN 149   EN Finally, although all 27 Member States had comple ted formal transposition of the regulatory 
framework, there were still 37 proceedings for incorrect implementation pending at the end of 
2007. 
The focus of enforcement has continued to shift from transposition issues to ensuring full 
compliance and effective application in all 27 Member States. In part icular, the Commission 
services undertook an examinati on of the major concerns expr essed in the annex to the 2006 
Implementation Report189. New proceedings accordingly focused on the availability of 112 
and of caller location information to emergency authorities for calls to  112 made from fixed 
and/or mobile phones. Other issues addressed concerned the independence and the powers of 
the NRA, rights of way, the re gulation of new markets, broa dband retail regulation and the 
universal service designation and financing.  
Most of the twelve cases which the Commission decided to refer to the Court of Justice in 
2007 concerned the non-availabil ity of caller location informa tion for calls to 112 (Italy, 
Latvia, Lithuania, the Netherla nds, Poland, Portugal and Slovakia).  In the case of Portugal the 
problem was resolved, and the proceeding was subsequently withdrawn. Other actions were 
related to a limitation of powers of the NRA (Germany) and consumer issues (Poland, 
Portugal).  
Following the completion of the first round of market reviews in most Member States, 
proceedings closed in 2007 mainly concerned the implementation of the market review 
procedures (seven proceedings). Moreover se veral proceedings concerning caller location 
information for 112 could also be closed due  to implementation measures taken by the 
Member States (four proceedings). 
Other proceedings that were closed in 2007 concerned cost accounting provisions, cost 
recovery, directory services, ePrivacy legislation, the lack of reference unbundling offer, 
must-carry issues, number portability, the pow ers of the NRA, spam protection and the 
universal service designation (one case each).  
The Commission has continued frequently to issu e press releases at va rious stages of the 
proceedings that have been opened. These press releases are available on the implementation and enforcement website of the Directorate- General for Information Society and Media
190 
together with overview tables for a ll cases, which are updated regularly.  
In addition to the pending infringement proceedings, there were 18 complaints pending at the 
end of 2007, most of them related to authori zation issues, including frequency management 
and rights of way, and to obligations resul ting from the Universal Service Directive.  
Petitions  
In 2007 three petitions concerning the regulatory framework were re gistered (Italy: after-sales 
services of the incumbent fixed network operator;  Ireland: fixed line conn ection availability in 
                                                 
189          
http://ec.europa.eu/information_society/policy/ecomm /library/communications_reports/annualreports/ 1
2threport/index_en.htm 
190 http://europa.eu.int/information_society/policy/ecomm/implementation_enforcement/index_en.htm  
 
EN 150   EN a remote area; Austria: availa bility of a naked DSL subscrip tion). All these petitions were 
answered without opening an infringement proceeding. 
Finally, the European Court of Justice issued several important judgments on substance in the 
electronic communication area in  2007, in particular on request for preliminary ruling by a 
national court or tribunal under Article 234 of the Treaty. These covered amongst others the 
taxation for the allocation of UMTS frequencies (C-369/04 – Hutchison 3G UK, C-284/04 T-
Mobile Austria ), the transitional regime (C-64/06 – Český Telecom and C-262/06 – Deutsche 
Telekom ) and must-carry ob ligations (C-250/06 – UPC Belgium et alt. ). 
7.1.2 Changes underway 
In order to realise the full potential of the in ternal market, more consistency of application 
across the EU and a strengthening of the framew ork in areas such as spectrum management 
are needed. These needs were considered in the Review of the current regulatory framework which led to new legislative proposal s aiming at addressing these issues. 
7.1.2.1  Recently adopted measures 
As regards roaming prices in the Community, the Commission proposed a complement to the 
framework by a single market measure in the form of a Regulation on roaming within the 
Community which was slightly amended and th en approved by the Euro pean Parliament and 
Council. It entered into force on 30 June 2007
191. The Commission services assess first 
experience with the regulation based on data pr ovided by Member States. Pursuant to Article 
11 of the Regulation the Commission will have to report to the European Parliament and the 
Council on the functioning of the Regul ation no later than 30 December 2008. 
7.1.2.2  New measures due to be adopted 
In accordance with i. a. Article 25 of the Fram ework Directive, the Commission reviewed the 
framework, and came forward with proposal s covering the Directives, a Regulation 
establishing a European Electronic Communications Market Authority (EECMA) and a revised Recommendation on releva nt markets in November 2007
192. These proposals aimed in 
particular to consolidate a competitive inte rnal market through more consistent national 
regulatory approaches; reinfor ced consumer protection and us ers' rights; more effective 
spectrum management and implementation. Mo reover, the Commissi on services worked 
closely with the Member States in the Radi o Spectrum Committee to achieve a consistent 
approach across the EU for a more flexible use of relevant frequency bands which resulted in 
a proposal for a Directive of the European Parliament and the Council repealing Council 
Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction 
                                                 
191  OJ L 171 of 29 June 2007, p. 32. 
192  Commission proposal for a directive of the European Parliament and of the Council, SEC(2007) 1472 
and SEC(2007) 1473 and Proposal for a regulation of the European Parliament and of the Council 
establishing the European Electronic Communications Market Authority COM(2007)699, for an overview, see website of DG Information Society: 
http://www.ec.europa.eu /information_society/policy/ecomm /library/proposals/index_en.htm 
 
 
EN 151   EN of public pan-European cellular digital land-based mobile co mmunications in the 
Community193.  
7.1.2.3  Volume of enquiries and priorities 
In the light of complaints and issues rais ed by market players and national regulatory 
authorities, the priorities will most likely rema in the same as in the reporting year: the 
functioning of the national regul atory authorities and consumer protection rights. The number 
of cases of infringements, complaints, enquiries and petitions is expected to stay at the same 
level as in previous years.  
7.1.3 Evaluation 
Overall, the implementation of the regulatory fra mework is working to bring competition to 
electronic communications markets, with resulting benefits to consumers in terms of prices 
and innovative converged services. Examples of best practice are available from every 
Member State across the range of regulator y and market issues. However, there is 
considerable scope for further benefits to flow  from a reinforced sing le market, strengthened 
competition and a reduction in the regulatory burden. 
While all issues of late transposition and two third of the implementation issues addressed by 
formal infringement proceedings have been settled, a significant number of non-conformity and incorrect application issues remains requi ring attention and appropriate follow-up, with 
continued focus on the functioning of the na tional regulatory authorities and consumer 
protection rights. In addition, special focus will be given on the effective application of the 
Roaming regulation, and its ov erall impact will be review ed in 2008. The Commission's 
legislative proposals currently before the Eur opean Parliament and Council seek to address 
identified weaknesses of the 2002 regulatory framework, while retain ing its basic overall 
concept. 
 
7.2 The Audiovisual and Media 
7.2.1 Current position 
7.2.1.1  Existing measures in force 
The main instrument is the Television without  Frontiers (TWF) Directive recently modified 
into the Audiovisual Media Services (AVMS) Directive
194. It combines the country of origin 
principle with a minimum harmonisation of the laws applicable to all audiovisual media 
services (television and on-demand). Non-bindi ng measures include the Recommendation on 
                                                 
193  COM(2007) 367 final. 
194 Directive 89/552/EEC of the European Parliament and of the Council of 3 October 1989 on the 
coordination of certain provisions laid down by law, regulation or administrative action in Member 
States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) 
as last amended by Directive 2007/65/EC of 11  December 2007, OJ L 332 of 18 December 2007. 
 
EN 152   EN Film Heritage195 and the Recommendation on the protection of minor s and human dignity in 
audiovisual and information services196. 
7.2.1.2 Report of work done in 2007 
7 new cases were opened (2 complaints, 1 presumed infringement and 4 identified 
infringements, all referring to TWF). 6 cases were closed, 3 were treated under other cases, 
and 2 letters of formal notice were sent. 4 peti tions of the European Pa rliament were handled. 
At the same time, a commissioned study on the application of qua ntitative limits on TV 
advertising rules in Member States (Audime trie) was continued, thereby examining the 
situation in 5 Member States. 
On 18 October 2007, the European  Court of Justice adopted a judgment giving guidance on 
the conditions in which call TV programmes may qualify as tele-sho pping or television 
advertising. On 24 October 2007, the Commission adopted the Si xth Report relating to the 
application of the "Televis ion without Frontiers" Direc tive for the period 2005 – 2006. In 
2007, the Commission adopted a number of decisions  in order to draw the consequences of 
the Infront judgment of 15 December 2005 concer ning the application of the provisions on the 
retransmission of events of majo r importance for the society. Tw o of these decisions (the UK 
and the Belgian ones) have been challenge d before the Court of First Instance. 
7.2.2 Changes Underway 
7.2.2.1  Recently adopted measures 
The amending Directive was adopted at the end of  2007; Member States ha ve until the end of 
2009 to transpose the AVMS Directive. Questions  that all Member States face in the 
transposition process will be clarified at an ea rly stage in more frequent meetings of the 
Regulator's Group and of the Cont act Committee set up under Art 23a of the Directive. This 
close monitoring of the implementation also i nvolves the participation in conferences and 
public consultations held in the Member  States on the transposition of AVMS. 
7.2.2.2  New measures due to be adopted 
The Commission is working on th e adoption of a proposal for a consolidated version of the 
AVMS Directive which should be adopted around the end of 2008. 
It is envisaged to submit new doc uments to the Contact Committee: 
- Working documents on the application of Art 3 (2) - (5) and Art 2a (4) – (6) (jurisdiction 
issues); 
                                                 
195 Recommendation of the European Parliament and of the Council of 16 November 2005 on film heritage 
and the competitiveness of related industrial activities, OJ L 323of 9 December 2005, p. 57. 
196 Recommendation of the European Parliament an d of the Council of 20 December 2006 on the 
protection of minors and human dignity and on the right of reply in relation to the competitiveness of 
the European audiovisual and on-line information services industry, OJ L 378 of 27 December 2006, p. 
72. 
 
EN 153   EN - new guidelines for the report on the application of the rules (A rticles 4 and 5) on cultural 
diversity (minimum programming of European  works, minimum programming of and/or 
investment in independent works). 
7.2.2.3  Volume of enquiries and priorities 
The transposition period for the AVMS Directiv e lasts until 19 December 2009. In the light of 
complaints and parliamentary qu estions received so far, priority will most likely be on the 
following areas: television advertising, promot ion of European and independent works, 
protection of minors, non incitement to hatred  and jurisdiction. The issue of the right to 
information regarding events of major importanc e for society, with the cases brought before 
the Court of Justice against the UK and Belgia n measures, will also be followed closely. The 
number of cases of infringement s and petitions is expected to stay at the same level as in 
previous years. The monitoring of quantitat ive TV advertising rules (Audimetrie) will 
continue, possibly involving furthe r infringement proceedings. 
7.2.3 Evaluation 
The application of the provisions of the present regulatory framewor k in force (i.e. prior to the 
adoption of the amending Directive) has been relatively satisfactory. However, it remains 
necessary to carry out a close monitoring of th e application of TV advertising rules in the 
Member States, and more generally, of audiovisual commerci al communication. The 
audiovisual landscape has changed dramatically a nd seen an explosion of channels in recent 
years. The scope of the AVMS Directive - in cluding on demand servi ces - will cover all 
audiovisual media services once transposed. Theref ore, there is a possibility of rising numbers 
of complaints, notably regarding issues of pr otection of minors and non incitement to hatred. 
The position will continue to be monitored and reported. 
 
7.3 Public Sector Information 
7.3.1 Current Position 
7.3.1.1   Existing measures in force 
Directive 2003/98 on the re-use of public sector  information (PSI Directive) pursues three 
main objectives: first of all, to facilitate th e creation of Community wide services based on 
public sector information, secondly, to enhance an effective cross-bord er re-use of  public 
sector information for added-value services, and finally, to limit distor tions of competition on 
the Community market.  
The Directive is built around two key pillars of the internal market: transparency and fair 
competition. It contains provisions e.g. on proc edures when dealing with requests, on upper 
limits for charging, on the transparency of c onditions and non-discrimination, on prohibition 
of cross-subsidies and exclusive arrangements, as well as on practical means to facilitate 
finding and using the material available for re-use. Ultimately, the Directive aims at a change of culture in the public sector, creating a fa vourable environment for the re-use of its 
information resources. 
 
EN 154   EN Decision 2006/291/EC, Euratom on the re-use of Commissi on information applies the 
principles of the PSI Directive to Commission documents. It goes beyond the PSI Directive in 
certain provisions such as only charging marginal  costs for dissemination. Examples of re-use 
of Commission information include statistical data  of Eurostat, the legal database Eurlex and 
the extensive translation colle ctions of the Commission.   
7.3.1.2  Report of work done in 2007 
The deadline for implementing the Directive by the Member States was 1 July 2005. The 
Commission has been closely monitoring the tr ansposition process and providing technical 
assistance in order to enhance re -use and to facilitate the ex change of good practices in the 
Member States.  
At the end of 2007, all Member States had not ified full transposition, except one Member 
State which had notified partial transposition. Infringement pr ocedures under Article 226 EC 
for non-communication of national transposition measures were initiated in autumn 2005 by 
letters of formal notice to 15 Me mber States. They reached the final stage in the second half 
of 2007 when the Court of Justice gave judge ments regarding the remaining four Member 
States (Austria, Belgium, Luxembourg and Spain)  for failure to transpose the Directive. These 
Member States completed transposition by th e end of the year 2007, except one (Belgium) 
which had transposed partially. The evaluation of the conformity of the notified national 
transposition measures continue d during 2007, in parallel with th e management of complaints. 
In conformity with the Comm ission Communication on better monitoring of the application 
of Community law (COM (2002)725), the Co mmission has continued pursuing several 
accompanying measures in addition to formal  infringement procedures regarding the 
transposition of the PSI Directive.  
First of all, the Commission re gularly organises and chairs th e Public Sector Information 
Group for Member State represen tatives and stakeholders in order to provide assistance 
regarding implementation issues and to facilit ate the exchange of good practices. Secondly, 
the Commission pursues intensive bilateral contacts  with Member States in view of ensuring 
correct implementation and application of the Dir ective. These have contributed to the process 
of legislative change in various Member St ates. Thirdly, the Commission contributes to 
awareness-raising and stimulation activities by  participating in seminars and workshops 
organised in the Member States, networking across Europe and in a wider international 
context (notably the OECD) and co-funding a pr oject for promoting pan-European PSI reuse 
(ePSIplus) through the Commi ssion's eContentplus Programme. Finally, following the 
benchmarking study Measuring European Public  Sector Information Resources (MEPSIR, 
2006), two more studies were commissioned in 2007. They concern the Assessment of the 
Re-use of Public Sector Information in  the Geographical, Meteorological and Legal 
Information Sectors, and the Assessment of th e Economic and Social value of the Public 
Domain, which will include a chapter on cultural content with regard to  the PSI Directive. 
Both studies are due in 2008 in view of the review of the PSI Directive. 
 
7.3.2 Changes underway 
New measures due to be adopted 
 
EN 155   EN The Commission will carry out a review of th e application of the PSI Directive in 2008 , 
communicating the results, togeth er with any proposals for modi fications where necessary, to 
the European Parliament and the Council. In accor dance with Article 13 of the Directive, the 
review will in particular addres s the scope and impact of the Dire ctive, including the extent of 
the increase in re-use of public sector documen ts, the effects of the principles applied to 
charging and the re-use of of ficial texts of a legislativ e and administrative nature. 
Volume of enquiries and priorities 
Infringement procedures under Article 226 EC fo r failure to transpose were completed when 
the Court of Justice gave four judgments in  2007 and all but one Member States notified 
complete transposition by the end of the year. In  the light of the evalua tion of the conformity 
of the notified national transpos ition measures, complaints a nd parliamentary questions, the 
main substance issues are related notably to the scope and definitions, exclusive agreements, 
non-discrimination, charging and transparency. The completion of transposition of the 
Directive in the Member States may have an im pact on the number of complaints received by 
the Commission in the future co ncerning non-conformity issues. 
 
7.3.3 Evaluation 
It should be noted that the completion of tr ansposition of the Directive by the last Member 
State took almost two years longer than envisa ged in the legislation, requiring some actions 
against individual Member States to  get as far as a first judgment  of the Court of Justice. The 
situation is in the process of de velopment of new "acquis" as it is a first ever Directive in this 
area, with notification of transposition measur es just being complete d. For this reason, the 
number of complaints is still scarce and there are no preliminary rulings based on the Directive, as Member States and stakeholders are still in a learning mode and institutional 
mechanisms are in the process of being implemented (e.g. new mediation mechanisms for dealing with refusal of requests for reusing public sector information). Thus a thorough 
evaluation of the application of  the new rules is still premat ure, although some preliminary 
findings will be presented in the first review of the Direc tive started in 2008. 
The priority is shifting now from the first stage of completing transposition and notifying the 
national transposition measures  to the Commission, to ensuri ng full compliance and effective 
application of the Directive in all the 27 Member States. This is likely to lead to the launching 
of infringement procedures for incorrect trans position and/or applicati on of the Directive in 
2008 and 2009. One area that the Commission will monitor particularly closely concerns 
exclusive arrangements, for which the transitional period foreseen in Article 11 of the Directive will expire at the end of 2008. 
 
 
EN 156   EN 7.4 Electronic Signatures 
7.4.1 Current Position 
7.4.1.1  Existing measures in force 
The principal instrument is the Directiv e 1999/93/EC on a community framework for 
electronic signatures197. The implementing measures incl ude the Commission Decision on the 
minimum criteria for the designated bodies198 and the Commission Deci sion on the generally 
recognised standards for some electronic signatures products199. 
All 27 Member States have implemented the Directive and there is no open infringement 
procedure.  
7.4.1.2  Report of work done in 2007 
In 2007, the Commission commissioned a study200 in order to have an assessment for a 
possible review of the standard isation needs in the field of electronic signatures supporting the 
Directive 1999/93/EC.  
The results of the study  have been made available in D ecember 2007 and will be considered 
in connection with any revision of the Co mmission Decision on generally recognised 
standards.  
7.4.2 Changes underway 
Volume of enquiries and priorities 
On the basis of the recommendations of the St udy, the Commission plans to revise, in 2008, 
the abovementioned Decision on generally rec ognised standards for electronic signatures 
products to update the list of referenced standards. 
As stated in its Communication "A single mark et for the 21st century Europe" adopted on 20 
November 2007, the Commission will adopt by the end of 2008 an e-signature/e-
authentication Action Plan. The objective of the Action Plan is to promote the implementation of mutually recognised and inte roperable electronic signatures and e-authentication solutions 
between Member States in order to facilitate the pr ovision of cross-borde r public services in 
an electronic environment. 
7.4.3 Evaluation 
The main use of electronic signatures is today in the field of public se rvice applications. The 
Commission does not plan to revise the Electronic Signa tures Directive but some 
                                                
 
197  OJ L 13, 19.01.200, p.12 
198  OJ L 298, 16.11.2000, p.42 
199  OJ L 45, 15.07.2003, p.45 
200  Study on the standardisation aspects of eSignatures : 
http://ec.europa.eu/information_society/eeurope/i20 10/docs/esignatures/e_signatures_standardisation.pd
f 
 
EN 157   EN complementary actions to improve its functioni ng could be taken in the framework of the 
Action Plan. Priority work will be on the de velopment of the Action Plan and follow-up. 
8  FISHERIES  AND  MARITIME  AFFAIRS 
8.1 Current position 
8.1.1 Existing measures in force 
The Common Fisheries Policy is based on the EC Treaty. Article  3 of the EC Treaty lays 
down that the activities of the Community sha ll include a common polic y in the sphere of 
fisheries. Title II (Articles 32 to 38) of the EC  Treaty sets out basic rules for the content and 
functioning of a common policy covering fisheries products. Th e existing Regulations and 
other legal acts covering the different areas of the policy can be found in the following 
website of the Commission: http://ec.europa.eu/fisheries/index_en.htm . In this site, under the 
heading "Legislation and state aid", the following information is available: EU fisheries legislation in force (with the chapters legislatio n in force; proposals for legislation; documents 
of public interest; state aid to fisheries and a quaculture). The heading " Legislation in force" 
covers the basic legislation of  the Common Fisheries Policy : the basic Regulation governing 
the policy as well as other legislation on the different areas of the policy (conservation, 
structures and fleet, common or ganisation of markets, bilateral agreements with third 
countries, regional fisheries organisations, aquaculture, processing, marketing, research, 
control and monitoring of fishing ac tivities, governance, food hygiene). 
8.1.2 Report of work done in 2007 
Owing to deficiencies identified in the enforcem ent of technical measures concerning the use 
of a specific fishing gear, the Commission se nt a reasoned opinion to  the United Kingdom on 
27 June. 
Under proceedings initiated owing to the non re spect by Italy and France of legislation on the 
use of drift nets, the Commissi on decided to bring the matter before the Court on 21 March 
and 27 June. 
Under proceedings initiated owing to the non respect by the Netherlands of the rules on 
measurement of vessel engine capacity in the Plaice box, the Commission decided to bring the 
matter before the Court on 27 June. 
Owing to deficiencies identified in implementing the bluefin tuna plan (overfishing of the 
quotas and non communication of certain data), th e Commission sent a letter of formal notice 
to Cyprus, France, Greece, Italy, Malta,  Portugal and Spain on 25 September. 
Owing to deficiencies identified in the monitori ng and inspection of fishing activities and in 
the pursuit of those responsible for practices contrary to th e respective laws, and due to 
deficiencies in the closure of the fishery of c od in the Baltic sea, th e Commission sent letters 
of formal notice to Poland on 27 of June and on 19 October. 
The Commission decided to close proceedings against France (non communication of data on 
fishing effort), Ireland (non co mmunication of data on prices of fish products), Italy (non 
respect of technical measures on seasonal fishing activities with a certain gear), Spain (use of 
 
EN 158   EN non traditional fishing methods) and United Ki ngdom (lack of control of the rules on 
protection of salmon). Information was provi ded by the Member States concerned on the 
measures taken to ensure compliance with the applicable Regulations and to ensure closer 
monitoring of fishing activities. 
In the field of improving cooperation between the Commission and the Member States in the 
field of prevention, The Di rectorate General analyses, on a regul ar basis, the technical rules of 
the fishing sector, within the fr amework of the application of Directive 98/34/EC (notification 
of technical regulations in the c ontext of the internal market). 
The basic Regulation of th e Common Fisheries Policy201 requires the Commission to draw up 
every three years an evaluation report on its co ntrol activities and on th e application of the 
common policy rules by the Member States. In addition, the Regulation on control of fishing 
activities202 requires the Commission to draw up an assessment report every three years on the 
application of the regulation on the basis of implementation reports submitted by the Member 
States. In this context, the Commission publis hed, on 10 April, a Report to the Council and 
the European Parliament on the monitoring of  the Member States on behaviours which 
seriously infringed the rules of th e Common Fisheries Policy in 2003-2005203. 
 
8.2 Changes underway 
New measures due to be adopt ed requiring implementation 
The year of 2008 will be a decisive year for th e future development the framework of control 
of fishing activities which is a very important element of th e Common Fisheries Policy. The 
intention of the Commission is to introduce an am bitious package to repl ace the existing set of 
rules by way of adopting a new set of rules designed to replace Council  Regulation (EEC) No 
2847/93 of 12 October 1993 establishing a control sy stem applicable to the common fisheries 
policy204. The new control rules should be simple r while, at the same time, they should 
strengthen the current framework. 
Recently adopted measures due to enter into force which may require additional work 
The measures that should be mentioned are the following: 
- Rules for the implementation of Counc il Regulation (EC) No 1966/2006 on electronic 
recording and reporting of fishing activ ities and on means of remote sensing205. 
- Multi-annual recovery pl an for bluefin tuna in the Eastern Atlantic and 
Mediterranean206. 
                                                 
201 OJ L 358, 31.12.2002,p.59. 
202 OJ L 261, 20.10.1993,p.1. Regulation last amende d by Regulation (EC) No 1967/2006 – OJ L 409, 
30.12.2006,p.11. 
203 Document COM (2007) 167 final of 10.4.2007. 
204 OJ L 261, 20.10.1993,p.1. Regulation last amende d by Regulation (EC) No 1967/2006 – OJ L 409, 
30.12.2006,p.11. 
205 OJ L 340, 22.12.2007,p.46. 
206 OJ L 340, 22.12.2007,p.8. 
 
EN 159   EN - Conservation and enforcement measures ap plicable in the Regulatory Area of the 
Northwest Atlantic Fisheries Organisation207. 
- Measures for the recovery of the stock of European eel208. 
- Multiannual plan for the cod in the Ba ltic Sea and the fisheries exploiting those 
stocks209. 
- Multiannual plan for fisheries exploiting st ocks of plaice and so le in the North Sea210. 
- Technical measures for the conservation of certain stocks of highly migratory species211. 
- Multiannual plan for the sustainable explo itation of the stock of sole in the Western 
Channel212. 
- Management measures for the sustainable exploitation of fisheries resources in the 
Mediterranean Sea213. 
 
Identify volume of enquiries,  complaints and infr ingements work and – prioritisation among 
them 
A total of 39 infringement cases have been handled in 2007. Three cases have reached the 
stage where the Commission decide d to bring the matter before the Court of Justice (France 
and Italy in respect of illegal drift netting and the Netherlands conc erning measurement of 
vessel engine capacity in the Plaice box). 
In line with the priorities set out by the Di rectorate General for Fisheries and Maritime 
Affairs, two new cases have been opened agai nst Poland (deficient control regime and 
defiance to the closure of the cod fishery in th e Eastern Baltic Sea) a nd seven new cases have 
been opened against the Member States engaged in the bluefin tuna fi sheries (Cyprus, France, 
Greece, Italy, Malta, Portugal and Spain). 
Work is being undertaken for the definition of a strategy for the institution of infringement 
proceedings in line with the Di rectorate General priorities. This  will encompass a selection of 
substantive issues which should form the s ubject matter of infringement proceedings 
henceforth. The measures pertaining to the conservation of resources will be of major importance in this context. 
                                                
 
207 OJ L 318, 5.12.2007,p.1. 
208 OJ L 248,22.9.2007,p.17. 
209 OJ L 248, 22.9.2007,p.1. 
210 OJ L 157, 19.6.2007,p.1. 
211 OJ L 123, 12.5.2007,p.3. 
212 OJ L 122, 11.5.2007, p.7. 
213 OJ L 36, 8.2.2007,p.6.  
 
EN 160   EN 8.3 Evaluation 
Through the Regulation on the cons ervation and sustainable exploi tation of fisheries resources 
under the Common Fisheries Policy214, the framework for the Comm unity control system was 
reinforced (control throughout th e whole fisheries chain). In  this context, action at 
Community level relies on the foll owing: the adoption of legisl ation; the support to Member 
States by providing financial assistance to de velop the national systems of control; the 
political pressure (publication of reports on enforcement of Community law) and the legal 
pressure (the launching of in fringement procedures under Ar ticles 226 and 228 of the EC 
Treaty). 
In this context, one of the major difficulties c onsists in obtaining proof solid enough to initiate 
an infringement procedure. An increased cooperation between Member States and the Commission could provide better conditions for a more effective implementation of Community law in this area. As already mentioned, the intention to replace the existing rules laid down in Regulation (EEC) No 2847/93 ai ms at reaching a st rengthened framework 
dealing with the enforcement system in general. 
On the other hand, a major development in the area of control was the recent set up of the 
Community Fisheries Control Agency
215. The Agency, through the pooling of national control 
and inspection resources, should achieve the conditions for a uniform inspection and 
enforcement in the fisheries sector throughout th e European Union and contribute to a culture 
of control and enforcement, taking into account the increasing volume of Community 
legislation related with th e conservation of resources. 
The Agency can also play an important role  in the fight against illegal, unreported and 
unregulated fishing (IUU fishing). In fact, this is a pr iority for action to ensure the 
sustainability of fisheries. 
Against this background, the Commission has re cently adopted a proposal for a Council 
Regulation establishing a Community system to prevent, deter and eliminate IUU fishing216. 
 
9 INTERNAL  MARKET  AND  SERVICES 
9.1 General overview  
9.1.1 Existing measures in force 
A list of the existing acquis under th e remit of DG Internal Market and services is available at 
the following web address: 
http://ec.europa.eu/dgs/int ernal_market/mission_en.htm  
Efficient and effective enforcement of Community law – the general approach  
                                                 
214 OJ L 358, 31.12.2002, p.59. 
215 Council Regulation (EC) No 768/2005 – OJ L 128, 21.5.2005,p.1. 
216 Document COM (2007) 602 final of 17.10.2007. 
 
EN 161   EN Proper application of Community law in Member St ates is part and par cel of the efforts to 
ensure better regulation. The efforts made to adopt good quality legislation will not deliver the 
desired outcome if the legisla tion is not transposed correctl y and in time and applied on the 
ground. Conversely, the proper application of Commun ity law in Member States is facilitated 
by good quality legislation which should also include provisions to facilitate its efficient and 
effective implementation in Member States.  
In an EU 27 the proper applica tion of Community law in Memb er States cannot be achieved 
solely by the pursuit of infringement procedures  to resolve breaches of Community law. Such 
procedures will continue to play a vital role but must be complemented by preventive actions 
and the further development and promotion of complementary informal problem-solving 
mechanisms.  
For all these reasons efforts to ensure an e ffective and efficient enforcement of Community 
law encompasses a range of actions. 
– Preventive action 
Early efforts to prevent breaches of Community law are of key importance. The premise is 
simple: It is better for citi zens and business if problems do not  arise in the first place. In 
addition, in an EU 27 it is increasingly difficult to find efficient and effective solutions to all 
the potential problems which citizens and busine ss face in the Internal Market. We need to 
address those problems at the core to improve the situation on the ground. 
– Risk-based approach 
A risk-based approach guides the preventive actions and essentiall y consists of early 
identification of potentia l risks related to the proper appl ication of Community legislation. 
To facilitate the task the provision of corr elation tables by Member  States are required 
systematically in proposed directives217. This obligation is not al ways maintained during the 
negotiations in Parliament a nd Council. Directives also include information/reporting 
obligations218 and, where appropriate, mechanisms to  ensure an effective and efficient 
application of the directive in Member States.219  
                                                 
217  E.g. Proposal for a Directive of the European Parliament and of the Council on the taking-up and 
pursuit of the business of Insurance and Reinsurance - Solvency II, COM/2007/0361 final;  Proposal for 
a Directive of the European Parliament and of the Council on the coordination of procedures for the 
award of certain public works cont racts, public supply contracts an d public service contracts in the 
fields of defence and security, COM/2007/0766 final; Proposal for a Directive of the European 
Parliament and of the Council amending Council Directives 68/151/EEC and 89/666/EEC as regards 
publication and translation obligations of certain types of companies, COM/2008/0194 final; Proposal for a Proposal for a Directive of the European Parliament and of the Council amending Council 
Directives 77/91/EEC, 78/855/EEC and 82/891/EEC and Directive 2005/56/EC as regards reporting 
and documentation requirements in the case of merger and divisions, COM/2008/0576 final. 
218  E.g. Article 144 of Directive 2004/48 which re quires, inter alia, competent authorities to publish 
electronically some key information regarding the implementation of the Directive including the national implementing measures. 
219  E.g. provisions on administrative cooperation (IMI , contacts points), enforcement measures (setting-up 
authorities, providing powers) or sanctions. 
 
EN 162   EN A risk-based transposition plan is prepared for each new directive. Such plans provide an 
inventory and planning of pro-active measures during the transposition period. They focus on 
the timely and proper transposition and correct  application of provisi ons which are key for 
achieving the policy objectives and/or likely to pose difficulti es in Member States. Very 
detailed plans have been prepared and are already in place for the transposition of the Services Directive and the Payment Services  Directive. In 2008 substantial work is devoted to establish 
similar plans for the transposition of the new Po stal Services Directive and the new Remedies 
Directive in the field of public procurement. 
– Pro-active guidance to MS  
Permanent dialogue, close cooperation and extens ive guidance to Member States are essential 
to ensure complete and timely transposition of Directives. To prevent or detect incorrect transposition, advisory or regu latory committees and sectoral  working groups are used to 
clarify national legislation
220 and achieve a substantial conve rgence of the practices. In 2007 
several transposition workshops  took place in various sect ors: regulated professions, 
insurance, banking, securities, accounting, auditi ng. For the implementation of the Services 
Directive an expert working group was set up. It  met six times in 2007. Twelve meetings have 
already been scheduled. 
Detailed questionnaires are re gularly sent to Member Stat es in order to follow the 
transposition process221 and bilateral technical assistance is offered to national authorities. For 
instance, in 2007 systematic bilateral meetings  were held with each Member State on the 
implementation of the Services Directive.  Web-pages with "Most Frequently Asked 
Questions and Answers" have been used extens ively in some areas. These pages are open to 
all stakeholders. They contribute  to educate the final users and to gather factual information 
on problems related to transposit ion, application or in terpretation of Commun ity legislation in 
a specific area. Particularly successful have  been the web-pages concerning the Capital 
Requirements Directive and the "MiFiD" Directive. 
Transposition package meetings have been organi sed in Member States with particularly high 
transposition deficits. In 2007, such meeti ngs took place in Fran ce, Luxembourg, Czech 
Republic and Spain. They serve to address pr oblems before the deadline for transposition 
expired. They serve also to urge Member St ates to start transpos ition works early and 
highlight the advantages of advance planning and coordination. Experien ce shows that such 
meetings are useful to improve  Member States track record. 
In its 2004 Recommendation on transposit ion of Internal Market directives222 the Commission 
provided further guidance to Memb er States in the shape of a se t of best practices in Member 
States with respect to the correct and timely tran sposition of Internal Market directives. In the 
2006 Internal Market Scoreboard data concer ning the implementation of the various best 
                                                 
220  E.g. Directive 2007/44/EC220, amending some directives in the financial sector (banking, insurance and 
securities) by introducing new rules and evaluation criteria for the prudential assessment of acquisitions 
and mergers. This Directive has to be implemented by 21 March 2009. 
221  E.g. in the case of the UCITS Di rective or for the audit Directive.  
222  Commission Recommendation of 12 July 2004 on the transposition into national law of Directives 
affecting the internal market, OJ L98 of 16.4.2005, p. 47 and following , not to be confused with the recommendations made under Guideline 12 of the Commission Communication to the Spring European 
Council, 'Integrated Guidelines for Growth and Jobs (2005-2008)' to be found on 
http://ec.europa.eu/growthandjobs/pdf/integrated_guidelines_en.pdf 
 
EN 163   EN practices in the Member States were compared  with the transpositi on deficit figures. It 
showed that there is a strong correlation between implementing all or most of the 
recommendations and a good overall perf ormance on timely transposition. 
– Administrative cooperation  
Problems in application of Community law may have their origin in a lack of 
cooperation/mutual trust between authorities in different Member States. Appropriate 
provisions on administrative coope ration in secondary legislation are one way to address this 
problem. The provisions on administrative c ooperation in the Services Directive223 and the 
most recent Directive on Mutual R ecognition of professional qualifications224 are good 
examples of this approach. 
The current roll-out of the Internal Market Information system (IMI) is a good illustration of 
what can be done to facilitate administrative cooperation. IMI is bei ng developed to improve 
communication between Member State admini strations and provides a system for the 
exchange of information so that Member States  can engage in more effective day-to-day co-
operation in the implementation of Internal Mark et legislation. It is meant to help overcome 
important practical barriers such as different  administrative and working cultures, different 
languages and a lack of clearly identified partners  in other Member States. Its aim is to reduce 
administrative burdens and to increase efficiency  and effectiveness in day-to-day co-operation 
between Member States. Operational on a pilo t basis since November  2007, it supports the 
mutual assistance provisions of the Professional Qualifications  Directive (2005/36/EC). From 
December 2009, it will also be used to support th e administrative cooperation provisions of 
the Services Directive (2006/123/EC). The Commission has recently (03/04/2008) adopted a 
Recommendation to Member States  suggesting that IMI could be used to support the Posting 
of Workers Directive. 
In the securities, banking and in surance fields, and on a cross-se ctoral basis, the cooperation 
between national supervisory au thorities is intensified w ithin the framework of the 
Lamfalussy process and provides an additional  tool to enhance proper transposition. The 
committees of national supervisors (called Level 3 Committees225), provide technical advice 
for the preparation of implementing legislat ion to be adopted through comitology by the 
Commission. The involvement of supervisors in the preparation of the legislative process 
ensures that they feel "ownership" for these rule s when they have to apply them. Furthermore, 
the cooperation among supervisors in day-to-day application of Commun ity legislation helps 
eliminating certain inconsistencies in  the transposition a nd/or application. 
– The Internal Market Scoreboard 
As an incentive for Member States to speed up transposition of Internal Market 
directives twice a year an  Internal Market Scoreboa rd is drawn up. It provides 
detailed information on Member States' timely transposition of IM directives. 
The combination of a clear, objective  and politically agreed benchmark for 
transposition (the benchmark is now a ma ximum transposition deficit of 1% by 
                                                 
223  Directive 2006/123/EC 
224  Directive 2005/36/EC 
225  Committee of European Securities Regulators (CESR); Committee of European Banking Supervisors 
(CEBS); Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS). 
 
EN 164   EN 2009) and the peer pressure created by making Member States performance 
transparent has proven very effective.  December's Scoreboard 2007 shows an 
EU average transposit ion deficit of 1,2% .  
–      In the financial services area, a more detailed scoreboard focusing on the directives 
adopted as part of the Financial Services Action Pl an (FSAP) is published once a month on 
DG Internal  Market and Services' website. It is complemented by an internet database 
giving access to national laws implementing the FSAP Directives. This concept will be used for other directives in 2008/2009
226. 
– Partnership with Member States 
Building on the experience as outlined above th e Commission included in  its Communication 
of 2007 on a Single Market for the 21st Cent ury an initiative to further develop the 
partnership with Member States to improve  the functioning of the Single Market. This 
initiative aims to identify good practices and formulate recommended actions to be 
implemented by the Member States and the Co mmission (as the case may be), in a range of 
Single Market tasks including; transposing, applying and enfo rcing Single Market rules; 
informing citizens and businesses about their rights and opportunities; promoting problem-
solving; advocating Single Ma rket-friendly polic ies at national level; and ensuring 
coordination on Single Market issues within na tional administrations, between Member States 
and with the Commission. The work is carried out in close cooperation with Member States 
and on the basis of their experi ences and national good practices. It  will lead to adoption of a 
Commission Recommendation in mid 2009.  
– Dialogue and cooperation with the European Parliament 
The European Parliament takes a strong interest in the proper applicat ion of Community law. 
A close dialogue and cooperation has been esta blished for the promo tion of SOLVIT with 
interested MEPs. A regular dialogue with the EP on other aspects of the application of EU law 
is desirable. The European Parliament may provi de useful feedback on th e results and benefits 
of the enforcement policy and, moreover, su ch a dialogue will build support and mutual 
confidence. These contacts should take place at  all levels, including the political level. One 
useful example is the constructive dialogue with the EQUI Committee in 2007. The final 
report emphasised the need for a more comp rehensive approach to ensure effective 
implementation of EU legislati on and formulated suggestions wh ich are part of the reflection 
concerning future enforcement activities. 
Petitions received by the European Parliament c onstitute a useful source of information on 
how the legislation works on th e ground and on problems and po ssible violations in member 
States.  
Problem-solving  
– The instruments 
                                                 
226  A scoreboard as regards company law and anti-money laundering directives is being published on a 
monthly basis and a scoreboard showing the state of play of transposition of Directive on Statutory 
Audit (Directive 2006/43/EC) is under preparation. 
 
EN 165   EN To ensure an effective and efficient enforcemen t of Community law in an EU of 27 Member 
States the right instruments must be used to de al with the problems which arise. Moreover, the 
most serious infringements must be solved as a matter of priority.  
In the areas for which DG Internal Market an d Services is respons ible the breaches of 
Community law concern both Treaty provisions  (the basic freedoms of establishment, 
provision of services and free movement of capital) and secondary legislation. The formal 
infringement procedure under Article 226 EC is an  essential instrument to tackle the more 
complicated, structural and politically sensit ive problems. On the other hand, the Article 226 
procedure is not the most appropr iate instrument for other type s of problems, in particular 
isolated cases of incorrect appl ication of national law by nationa l authorities. In these cases 
the individual citizen and business needs a solution to his/her problem quickly. The 
infringement procedure under Article 226 will not necessarily satisfy this need.  
SOLVIT was established for that very reason a nd has become an integral part of the wider 
efforts to ensure effective and efficient appl ication of EU law by the Member States. Looking 
at its activities over the last fi ve years results are impressive: it started in 2002 with around 12 
cases per month. In 2007 it accepted to handle 819 complaints about bad application of EU 
internal market law and found solutions for 83 % of them. Solutions were found within an 
average of 58 calendar days.  Of all complaints in SOLVIT, 82% were submitted by citizens 
and 18% by enterprises. From its establ ishment in 2002 and until today 1805 problems 
submitted by citizens and businesses were solved by SOLVIT, which represents 80% of all problems accepted by the system. It is not only recognised as a successful problem solving 
tool, but also a model for administrative c ooperation between Member States. SOLVIT has 
demonstrated the capacity to improve public service to citizens and businesses. Moreover, it has promoted a European perspective among nati onal authorities without being forced to do 
so by formal measures. 
The EU PILOT-project launched early 2008 repres ents a further effort from the Commission 
to develop complementary instruments to find early solutions in an informal way. This 
instrument will further encourage Member States to take their own responsibilities to ensure 
proper application of Community law. Member States participating to the test phase are 
committed to provide solutions and answers within 10 weeks. DG Internal Market and 
Services intends to use this Pilot project in  cases where SOLVIT cannot help and where the 
use of this mechanism may provide an early solution to the problem. 
 The prioritisation of infringements
 
The main objective of an infringement proce dure is to find appropr iate solutions when 
national measures/practices br each Community law. Its purpose is not to bring a Member 
State to Court even if the thr eat of a Court case is an importa nt leverage to find amicable 
solutions. The prioritisation of infringements is a means to determine which problems have 
particularly detrimental effect s on the good functioning of the Inte rnal Market and to ensure 
that these problems are solved as quickly as pos sible. At the same time acting swiftly against 
Member States in such cases may have a deterr ent effect in itself, thus encouraging Member 
States to find solutions and re ducing the risk of future infrin gements of a similar nature.  
 
EN 166   EN Prioritisation of infringements does not mean that non-priority cases are put aside. Many of 
the problems which would not be regarded as a priority are tackled very efficiently and 
effectively in SOLVIT. Others will be handled via the formal infringement procedure with a 
lesser degree of intensity but according to the ge neral rules applicable to infringements. The 
EU Pilot can be a further complementary mechanis m to seek early solutions to some of these 
problems. 
Prioritisation does not mean that only the prob lems with a substantia l economic impact will 
be given particular attention. There may well be problems which in themselves are 
economically less significant but which are re lated to fundamental rights and freedoms, 
prejudging the overall good func tioning of Community legisla tion, undermining a sectoral 
market or affecting a category of citizens/busi ness. The criteria established to identify the 
priority problems are sufficiently flexible to include such problems where appropriate. 
The priority criteria In line with the Commission's Communication "A Europe of re sults" DG Internal Market and 
Services has for some time worked on the basis of a set of horizontal criteria to determine priorities specific to its area of work. These cr iteria complement the categories of priorities 
identified in the aforesaid Commission Communication (i.e. non-communication of 
transposition measures and proper execution of j udgements of the European  Court of Justice). 
Due to the diversity of sectors and activities, it was decided to  define three broad criteria: 
Cases relating to one or several DG Intern al Market and Services policy priorities
; 
Cases having a significant legal dimension. This means inter alia cases where fundamental 
freedoms are violated with a significant imp act on citizens rights, breaches threatening the 
good functioning of sectoral legisl ation or cases giving rise to important legal questions where 
a clarification by the Court of Justice is deemed important. 
Cases having a significant economic impact  on the Internal Market or  on a specific sectoral 
market. 
These broad criteria are not cumulative and then applied within each specific sector pursuant 
to the concrete political, economic a nd legal framework prevailing there. 
The handling of priority cases  
There is set of internal guidelines for the handling of priority cas es. One of the major 
components of these guidelines is the introducti on of a '6 months benchmark'. For priority 
cases (including non-communication and 228 EC cases) a decision in the formal infringement 
procedure (formal notice, reasoned opinion or re ferral to the Court) should be taken every 6 
months. The benchmark is applied in a prag matic and sensible way. There may be cases 
where actions within the 6 month benchmark make little sense, e.g. where a solution is 
identified in a case, is satisfactory and is ready to be implemented by the Member State 
concerned within a clear and reasonable timefr ame. In particular there are cases where the 
problem can be corrected only by m odifying the national legislation.  
The objective of this approach is to find a so lution to the problem as  quickly as possible. 
Therefore, in parallel with the formal proced ure informal negotiations take place with the 
Member States to assist them in finding appropriate solutions. The efficient use of the formal 
 
EN 167   EN procedure to put pressure on Member States to  remedy the problem combined with informal 
negotiations is the most effective way to hand le such cases. Informal actions are package 
meetings in the area of public procurement, bilateral transposition package meetings where we go through the pending infringement cases on late or incorrect transposition with the Member State concerned, bilateral (technical) ad hoc meetings, letters sent at more political 
level or meetings between national authoritie s and the Commissioner and his Cabinet etc. 
9.1.2 DG internal market and serv ices approach for 2008-2009 
DG Internal Market and Services will pursue a nd further develop its general approach to 
enforcement of Community law as outlined above.  
The volume of own initiative investigations and cas es registered as complaints remains stable 
in recent years. It is difficult to predict abou t the future but expecta tions are that the volume 
will increase in the medium-term, in particular  due to enlargement with EU 12. In areas like 
public procurement and regulated professions th e Community framework is consolidated and 
well known. However, this has not led to a redu ction in the number of  infringements of the 
rules. One reason may be that the legislation is applied on a day-by- day basis by several 
national authorities at regional and local level or by different bodies linked to the regulated 
professions. It is clear that t hose areas will generate a substantial workload also in the 
foreseeable future.  
In addition to this, the short-term the major challenge will be to reduce the transposition 
deficit and shorten time needed to tackle structural problems eith er vie the Article 226 
procedure or with the help of complementar y problem-solving mechanisms such as the EU-
PILOT. As the Communication "A Europe of Re sults" indicates, the enforcement of rulings 
by the Court of Justice confirming a violation of EC law must be pursued vigorously (so 
called 228 EC cases). Member St ates will be required to en sure effective and efficient 
implementation of the rulings and will move quickly  to each step of the 228 EC procedure in 
order to put pressure on national authorities. 
DG Internal Market and Services faces a real challenge related to the timely transposition of 
directives related under its re sponsibility. The transposition de ficit for directives under its 
responsibility is higher than the overall deficit recorded for all Internal Market  legislation. 
The reasons for this are manifold, ranging from th e sheer number of direc tives in a particular 
sector to be transposed more or less at  the same time (company law and anti-money 
laundering) to the complexity of transposing the directive (the new Directive on mutual 
recognition of professional qua lifications requires  up to a hundred na tional transposition 
measures in some MS). In 2008 and 2009 priority will be given to assi st Member States in 
accelerating transposition and vigorous pursuit  of infringement procedures for late 
transposition to remedy current problems. This will require sustained and intensive efforts to accompany Member States in their work to trans pose directives both at services level and the 
political level. Some recently adopted Directives have just become applicable as their transposition was due in 2007.  
Moreover, in 2008/2009 efforts will concentrate on preventive actions as outlined above to 
ensure timely and correct transp osition of new important Directives. The timely and correct 
transposition of the Directives in the area of company law, the Services Directive, the new 
Directive for Postal Services, the Solvency II Directive in the insurance sector, the Remedies 
Directive and the Payment Services Directiv e will be key priorities. One of the most 
 
EN 168   EN significant challenges will be to analyse nationa l measures notified in 23 national languages. 
This challenge is further accentuated by the sh eer volume of national tr ansposition measures 
in some sectors, in particular in the area of company law and prof essional qualifications 
(hundreds of texts). To tackle this challenge priority is gi ven to provisions whose correct 
transposition is essent ial to achieve the policy objectives  and/or ensure the good functioning 
of the relevant Directive. In some cases it ha s been decided to outs ource a preliminary check 
of the national legislation, both for linguistic and volume reasons. The Commission will 
obviously remain in charge of a further and deeper control once a first screening has clarified 
the national situation. The fina l objective is to screen all texts in the medium term. 
Finally, DG Internal Market a nd Services will continue to r eceive a large volume of more 
general queries from citizens and businesses. Th ey concern the interpre tation of EC law in a 
specific sector, the practice within a Member St ate or difficulties risi ng from the behaviour of 
private entities. All these queries will treat ed in conformity with the Code of Good 
Administrative Conduct and, whenever possibl e, citizens and busines s are signposted to 
competent national authorities or bodies (sectoral associati on, regulators, national contact 
points, consumers associations, and in th e financial services area to the FIN-NET227). Some of 
these queries, depending on the nature and the Member State involved, will be introduced into 
the EU-pilot system active from 2008 in order to  facilitate or complete the answer to be 
provided by the Commission.  
 Petitions from the European Parliament
 
DG Internal Market and Services deals with a considerable number of petitions from the 
European Parliament. In 2007 around 130 communi cations were treated and 75 new petitions 
received. Questions linked to infringements ar e about a quarter of th e overall correspondence 
Over half of the petitions concerne d two sectors of activity. First was public procurement,  
accounting for around 30% of the petitions. Most of  them were about town  planning issues in 
Spain. Some of the questions raised by the petitioners are the subject of infringement proceedings in respect of the legislation of the Valencia region (Spain) that the Commission 
regards as being in breach of the Community rules on public procurement. However, some 
other questions raised in these petitions are outside the Commun ity's competence (for 
example, questions about th e right of expropriation). 
Recognition of diplomas accounts for around 25% of the answers supplied. The continuation 
of infringement proceedings and the changes made by the Member Stat es concerned produced 
solutions to some long-standing petitions, in part icular for the provision of services by tourist 
guides and the question of ski instructors. 
The services sector comes next with some 20% of the answers. The petitions concern citizens' 
rights in respect of what th ey see as requirements or di scrimination. In these cases, 
examination of the situation reveals that a numbe r of specific requireme nts are not necessarily 
in breach of Community la w. In others, infringement proceedi ngs are in progress, in particular 
concerning the chimneysweep m onopoly in Germany and gambling. 
                                                
 
227   
 
EN 169   EN Finally, around 25% of the answers relate to the financial institu tions sector plus company law 
and movement of capital. Some of the petitions  concern the costs incurred by consumers for 
intra-Community payment operations, which in mo st cases are found to be consistent with 
European rules. In the banking, insurance an d company law areas, some of the petitions 
concern one-off questions relating to the scope of the petitioners' rights in relation to existing 
rules, with no infringement of Community la w. Other more complex questions have to do 
with the activities and liability of firms in rela tion to European rules. In most cases the replies 
sent refer to the responsib ility of the supervisory bodies  and national authorities. 
In 2007 some ten petitions were submitted to  the SOLVIT network, which came up with a 
solution in half of the cases..  
Following a series of petitions, the Europ ean Parliament on 19 June 2007 adopted the 
recommendation of the Temporary Committee of Inqui ry into the Crisis of the Equitable Life 
Assurance Society (EQUI). The EQUI Report c ontains a bold chapter on the role of the 
Commission in the implementation of EU legi slation, in monitoring of implementation in 
practice and the need to ensure  a comprehensive approach to  implementation. It emphasised 
the need for a more comprehensive approach to ensuring effective implementation of EU legislation and identified a number of necessary elements of such an approach. The committee 
put forward a number of recommendations on ho w to improve these perceived weaknesses. 
 
9.2 Analysis by sector 
9.2.1 Freedom to provide services and freedom of establishment (other than Financial 
Services) 
9.2.1.1  Current position 
– work  in 2007 
A key priority in 2007 was the substantial work necessary to assist Member States in the 
implementation of the Services Directive
228 by end 2009. A detailed handbook was 
established providing extensive and detailed guidance to Member  States on the key elements 
in the Directive. In addition, re gular meetings in expert groups  and regular bila teral contacts 
with Member States took place throughout the year. 
Moreover, DG Internal Market and Services con tinued its action via infr ingement procedures 
in various areas concerning the Internal Market. As in previous years, the main sectors were 
the posting of workers, the mobility of patients and reimbursement of medical costs, the establishment of pharmacies, gambling, authorisa tion of vehicle inspection organisations and 
other problems pertaining to the retail sector, such as setting up of shops and petrol stations. 
In the area of posting of workers , DG Employment is the lead service for the 2006 and 2007 
Communications on the posting of workers, bu t DG Internal Market and Services remains 
responsible for the infringement procedures deal ing with the application of Article 49 of the 
                                                
 
228 Directive 2006/123/CE of the European Parliament and of the Council of 12 December 2006 on 
services in the internal market (OJ L 376, 27.12.2006, p. 36) 
 
EN 170   EN Treaty in this area. The elimination of obstacles  to the posting of workers is a key aspect in 
the work to ensure the functi oning of the Internal Market for Services. Following a Court 
judgment of October 2006 the Commission decided to  address a letter of formal notice based 
on article 228 of the Tr eaty to Austria for not having adap ted its legislation concerning the 
conditions for posting of third-c ountry nationals by EU companies229. In another case equally 
concerning the posting of third-country nationa ls, the Commission decided to refer Belgium 
to the Court of Justice for the conditions it imposes on EU employers  providing cross-border 
services who want to post non-EU workers to  Belgium, even if the workers are already 
working and living regularly in another Member State230. 
Concerning private security services , following a judgment against Spain from January 2006 
the Commission decided to send a reasoned opini on to Spain for not amending its legislation 
in line with the Court’s judgement231. Moreover, the Court ad opted on 13 December 2007232 a 
judgement against Italy which must now put its legislation on private security services in 
conformity with Articles 43 and 49 of the Treaty or else risk facing a procedure under Article 
228 of the Treaty. 
Concerning health services , in particular patient mobility and reimbursement of medical costs, 
a reasoned opinion was sent to France concer ning a case in which the costs of medical 
treatment in another Member State were not reimbursed. According to  the case law of the 
Court of Justice, Member States cannot mainta in a requirement of prior authorisation for the 
reimbursement of non-hospital treatment received in  another Member State. At the same time, 
patients receiving hospital treatment in another Member State should be able to get reimbursement at least identical to what they would have been entitled had they received the 
service in France
233. For similar reasons, the Commission has also sent a reasoned opinion to 
the United Kingdom and France due to the refusal of the authorities of those Member States 
to allow an additional reimbursement for costs in curred as a result of urgent hospital treatment 
received in another Member State234. The Commission has issued another reasoned opinion to 
the United Kingdom for failure to  recognise medical prescripti ons issued by professionals 
authorised in other Member Stat es but not registered in the Un ited Kingdom. According to the 
Commission this constitutes a re striction on both the freedom of  healthcare professionals to 
supply services and the patient's right235.  
Concerning establishment , the Commission decided to send fo rmal requests to amend national 
rules to Portugal regarding conditions for the establishment of shops236, to Spain for 
conditions set to the establishment of large-scale distributors237, and to Italy on conditions set 
for fuel distribution238. Moreover, an official request for information was sent to Ireland under 
                                                 
229 Those companies had to obtain a special confirmati on the issue of which required, firstly, that the 
worker must have been employed for at least one year by that undertaking or must have concluded an employment contract of indefinite duration with it and, secondly, evidence that Austrian employment 
and wage conditions were complied with. See IP/07/354 
230 IP/07/913 
231 IP/07/354 
232 Judgement of 13 December 2007, Case C-465/05 Commission v. Italy  
233 IP/07/1515 
234 IP/07/1132 
235 IP/07/354 
236 IP/07/904 
237 IP/07/1518 
238 IP/07/901 
 
EN 171   EN the form of a letter of formal notice on discri minatory restrictions on the granting of dwelling 
authorisations239, which may be limited to residents,  or to relatives of residents. 
In the field of gambling , formal request to amend nationa l rules were sent to Denmark, 
Finland, Hungary240, France and Sweden241. In addition, the Commission sent an official 
request for information to Greece9. The complaints concern rest rictions on the provision of 
sports betting services, incl uding the requirement for a Stat e concession or licence, even 
where a provider is lawfully licensed in another Member State. In this field, the preliminary 
ruling Placanica  of the Court of justi ce adopted on 6 March 2007 has also to be mentioned242. 
In this judgement, the Court makes it clear on ce again that a Member State may not apply a 
criminal penalty for failure to complete an administrative formality where such completion has been refused or rendered impossible by the Member State concerned, in breach of 
Community law, as was the case in Italian law for gambling services. 
In two other cases
243, the Commission decided to refer Ge rmany and Austria before the Court 
of Justice. The German case concerned a bilateral agreement with Poland in the construction  
sector  allowing German undertakings to take advantage of the opportunity afforded by that 
agreement to use Polish subcontractors while  EU companies could not benefit from the 
agreement. The Austrian case concerned legislation on patent agents . The Commission 
considered the obligation of all patent agents legally established in another Member State to 
register in Austria, to hold insurance for this purpose, to be subject to all disciplinary rules 
other than those linked to professional qualifi cations and to work together with a local 
representative, as unjustified restri ctions to Article 49 of the Treaty. 
Austria was involved in two other infringement  procedures: the Commission decided first to 
formally request an amendment of Austrian rules relating to bovine artificial insemination 
services . It also sent an information request and a formal request to amend its legislation 
under Article 228 of the EC Treaty followi ng a Court judgement of December 2006 on 
inspection of boilers244. Both activities are restricted to providers established in Austria. 
The Commission also had to send a formal request  of information under Ar ticle 228 of the EC 
Treaty to Italy following the Court judgement of July 2007245 on the activity of extrajudicial 
debt recovery , subject to a number of restrictions, notab ly an obligation to get a authorisation 
per region of activity, an obligation to have at disposal premises in each region of activity, as 
well as to display in those premises a list of the services which may be  provided to clients. 
The Commission also decided to close a numb er of cases following compliance of national 
legislation: regard ing attribution of hydroelectric concessions  in Trentino-Alto Adige246 
(which formally provided for preference to out -going concession-holders), the carrying out of 
                                                 
239 IP/07/903 
240 IP/07/360 
241 IP/07/909 
242 Joined cases C-359/04 and C-360/04 
243 IP/07/1132 
244 IP/07/362 and IP/07/1516 
245 Judgement of 18 July 2007, Case C-134/05 Commission v Italy  
246 IP/07/912 
 
EN 172   EN cereals-related commercial activities  in France, and the grant of television broadcasting  
licences  in Germany247.  
In the area of postal services , the Commission continued its ne gotiations with the European 
Parliament (1st and 2nd readings) and Council throughout 2007 (Common Position see COM 
(2007) 695 final248).  
9.2.1.2  Changes underway (2008-2009)  
Work continues in expert groups for the implementation of the Services Directive  
2006/123/EC on the basis of three strands of work: horizontal questions, administrative 
cooperation and electronic procedures. In add ition to those multilateral expert meetings, 
bilateral contacts with Member States and intere sted parties have also  been intensified. In 
order to ease the task of Member States in the screening of  their legislation, a common on-line 
tool (IPM) has been developed which national administrations can  use to submit their reports 
to the Commission. Another means to assist  the national administrations is the " Handbook on 
the implementation of the Services Directive " which was published during the summer of 
2007. The Commission will equally strive to pr ovide assistance to MS as regards the 
obligations in the Directive to put in place el ectronic procedures. An inter-service ad-hoc 
group has been created and a study has been launched in the framework of the IDABC programme.  
A second implementation report of the 98/84/ EC Directive on the legal protection of 
conditional access services
249 was adopted 2008. Simultaneously, an expert group has been 
created in order to discuss a number of i ssues linked to a better implementation of the 
Directive. Additionally, the Commission foresees in the report to propose to the Council to 
ratify Convention on the Legal Protection of Se rvices based on, or consisting of, Conditional 
Access250 adopted by the Council of Europe on 24 January 2001. At the time of its adoption, 
the Directive mainly aimed at the protection of existing pay-TV services against piracy. 
However, its definitions alrea dy encompassed nascent Informa tion Society services and the 
directive is very valuable in the new media landscape. 
The new postal services Directive  has been adopted at the beginning of 2008251. The new 
postal service Directive represents an important  step forward to enhance competition in the 
postal market. Specific actions to accompany th e transposition and to facilitate its proper 
application have been planne d. The Commission has started to  look ahead to accompany and 
follow-up its implementation. Initiatives for th e next two years will include appropriate 
                                                 
247 IP/07/1519 
248 Communication from the Commission to the European Parliament pursuant to the second subparagraph 
of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a 
Directive of the European Parliament and of the Council amending Directive 97/67/EC concerning the 
full accomplishment of the internal market of Community postal services 
249  Directive 98/84/EC of the Europ ean Parliament and of the Council of 20 November 1998 on the legal 
protection of services based on, or consisting of, conditional access -  OJ L 32 0, 28.11.1998, p. 54–57. 
250
 http://conventions.coe.int/Treaty/Commun/ QueVoulezVous.asp?NT=178&CM=8&DF=8/12/2
008&CL=ENG. 
251  Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending 
Directive 97/67/EC with regard to  the full accomplishment of  the internal market of Community postal 
services, OJ L 52, 27.2.2008, p. 3–20  
 
EN 173   EN organisation of the conformity assessment, th e initiation of enhanced administrative co-
operation and the creation of working groups of  the Postal Directive Committee to address 
specific (implementation) issues. A Transpositio n Plan will assess in detail the risks of 
incomplete, deficient or late implementation of  Directive 2008/06/EC by  Member States and 
envisage a series of specific actions to ensu re real market opening, fair competition and a 
level playing field. In addition to tran sposition workshops, a high level "Kick-Off 
Conference" takes place on 24 June 2008 with Memb er States, national re gulatory authorities, 
key stakeholders and consumers. An Inventory of actual and poten tial market entry barriers is 
also under preparation. 
9.2.1.3  Evaluation 
The adoption of Directive 2006/123/EC (the Servi ces Directive) will oblige Member States to 
radically change their perspectiv e and practices. A key priority will be, theref ore, the ongoing 
work to ensure the timely and correct transposition of the Services Directive. The 
implementation process will be monitored by holdi ng further regular expert group meetings as 
well as bilateral meetings with each Member  State and by the increased involvement of 
stakeholders. Specific actions are being disc ussed with Member States as regards the 
obligations in the Directive to put in place elect ronic procedures. In parallel, specific work to 
put in place the administrative cooperation obligations in the Directive (on the basis of IMI-
the Internal Market In formation system) is being undertak en. This intensiv e programme of 
work reflects the priority accorded to this  wide-ranging instrument and the importance 
attached to it by the Community legislator.   
At the same time the Commission will focus on so me aspects which remain outside the scope 
of the Services Directive. Priority will be give n to cases where the violation relates to a major 
policy priority, e.g. violations of Art. 43 or 49 EC  in areas such as health services and private 
security services. Clear discriminations or cases concerning entire categories of services 
providers will be treated as priorities as well, in particular sectors like retail services (including e-commerce), pharmacies, gambli ng, media and certification services.  
The volume and variety of issues that arise in the services sector, and at different times, 
makes it difficult to plan ahead which makes th e prioritisation of the work all the more 
important. Only in this way can the Commissi on best fulfil its obligations to ensure the 
correct application of the law and ensure that  its resources are deployed in an efficient 
manner. The situation is considered to be  reasonably stable on present conditions. 
In the area of postal services  the transposition, conformity assessment and management work 
will provide the main focus for the coming years. However, to ensure that that the main policy 
objective of the new Directive, the full liberalisation of postal services, is achieved, further 
measures will be taken as appropriate to a ddress barriers/measures which may undermine the 
achievement of this objective, including the pu rsuit of infringement  proceedings against 
Member States for violation of Artic les 43 and 49 in this sector.   
9.2.2 Financial Services 
9.2.2.1  Current position 
 Work  in 2007 
 
EN 174   EN In the area of securities markets , the transposition of the Mark ets in Financial Instruments 
Directive252 (MiFID) and its implementing Directive 2006/73/EC253 were subject to important 
delays. The deadline for transposi tion of both measures was the 31st January 2007, whereas 
the date of application was 1st of November 2007. Twenty-five Member States had not 
transposed either of the measures by 31 Ja nuary 2007, whereas eleven had not transposed 
MiFID by the 1st November 2007 and thirteen had not transposed directive 2006/73/EC by 13 
November 2007. The deferred date of application was meant to give investment firms the time 
to adapt to the new provisions. The late trans position caused problems for firms as far as the 
adaptation to the new provisions was concerned, but  also with regard to their continuation of 
business where their home Member State had not transposed by the 1st November 2007. 
Further, investment firms from Member States  not having transposed  could not acquire new 
passports and provide the new investment se rvices under MiFID in other Member States. 
Finally, the failure to transpose on time could trigger potential liabilit y issues for Member 
States.  
In April 2007 the Commission launched 47 non-co mmunication infringement cases for late 
transposition. In June 2007 46 reasoned opinions we re addressed to the Member States that 
still had failed to notify the transposition of the two afore-mentioned directives. The matter 
was raised in a meetings of the European Secu rities Committee with a view to accelerating 
transposition and ensure consis tent application of the MiFID. The Transposition deficit was 
reduced significantly in the following months and 20 of those cases were eventually closed by 
the end of 2007. In addition, the Commission cl osed one outstanding infringement case 
concerning the non-communication of nationa l measures transposing the Prospectus 
Directive254 and finalised  the quality check of th e Prospectus directiv e 2003/71/EC in 2007. 
The conformity assessments of  national transposition meas ures were delayed by late 
notifications, lacking transpositi on tables and significant time dela ys due to translations. Even 
where explicitly required by the Directives concerned (e.g. Direc tive 2006/73/EC), many 
transposition tables were received much later than the legislative transposing measures. This 
also led to much more work for the translation services who had to translate several complete 
legislative texts per Member State. Moreover a dditional translations were needed since the 
format provided for transposition tables (i.e . the indication of comp lete provisions) was not 
respected by the majority of Member States. 
In order to get a good overview of whether the dir ectives in the securiti es' sector had produced 
the intended effects, several meetings of the European Securities Ma rkets Expert group took 
place with representatives of the industry. A data base with questions and answers, providing 
stakeholders with non binding advice on issues of interpretation concerning MiFID, was also 
launched by DG Internal Market and Servi ces. Finally, Commission services published a 
                                                 
252 Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in 
financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 
2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1) 
253 Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the 
European Parliament and of the Council as regards organisational requirements and operating 
conditions for investment firms and defined terms for the purposes of that Directive (OJ L 241, 
2.9.2006, p. 26) 
254 Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the 
prospectus to be published when securities are of fered to the public or admitted to trading and 
amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64) 
 
EN 175   EN series of questionnaires and ta bles on the progress of implem entation as far as MiFID was 
concerned. 
In 2007 work was also conducted on several of th e reports required fores een in Article 65 of 
MiFID.  A report on the continued appropria teness of the requirements for professional 
indemnity insurance imposed on intermediaries under Community law was published in April 2007. The report on non-equities mark et transparency, pursuant to  Article 65(1) of MiFID, 
was published in April 2008. On commodity deri vatives, the Commission services published 
a feedback statement with regard to the pub lic call for evidence on commodity and exotic 
derivatives and related business in August 2007. The Commission services thereafter issued 
three mandates for advice in December 2007. The first mandate was addressed to the 
Committee of European Securities Regulator s and the Committee of European Banking 
Supervisors for advice on comm odity and exotic derivatives a nd related business. The second 
mandate was addressed to the Eu ropean Securities Markets Expe rts group. Separately, in the 
context of the third legislativ e package for electricity and ga s adopted by the Commission on 
19 September 2007, a final mandate was issued to the Committee of European Securities 
Regulators and European Regulators' Group for Electricity and Gas for advice on 
transparency and record-keeping for energy supp ly contracts and deriva tives. The advice will 
be received during the second half of 2008.  .  
In the area of asset management , the Commission requested Me mber States to provide 
updates on their progress with the transposition of Directive 2007/16/EC
255. A special 
questionnaire was sent to the Member Stat es before the European Securities Committee 
meeting of 8 November 2007. The aim of the questi onnaire was also to identify the need for 
transposition workshops. Responses from Member States did not indicate major problems. In 
view of the response, there was no need fo r special workshops to be organised by the 
Commission. The transposition of the Directive will be verified in the course of 2008.  
As far as the insurance  sector in 2007 is concerned, th e Court of Justic e ruled on a case 
referred in 2004 with regard to Spanish legi slation allowing policyho lders to cancel their 
insurance contracts in case of a transfer of insurance portfolio s where the portfolio transfer 
has a cross-border dimension 256. In the judgment delivered on 18 July 2007, the Court of 
Justice did not follow the Commission’s line of reasoning in an infringement case. The Court 
pointed out that the Directives in question (92/49/EEC257 and 2002/83/EC258) did not impose 
a specific obligation on Member States as to the modalities of cancellation of insurance contracts and hence do not prohib it discrimination between internal  and cross-border transfers 
of portfolios. 
As regards the transposition of Directives  by the Member States, non-communication cases 
had to be launched in the insura nce sector against several Member  States with regard to the 
                                                
 
255 Commission Directive 2007/16/EC of 19 March 2007 implementing Council Directive 85/611/EEC on 
the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the cl arification of certain 
definitions (OJ L 79, 20.3.2007, p. 11) 
256 Judgment of 18 July 2007, Case C-501/04 Commission v. Kingdom of Spain  
257 Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and 
administrative provisions relating to direct insuran ce other than life assurance and amending Directives 
73/239/EEC and 88/357/EEC (third non-life insurance Directive) (OJ L 228, 11.8.1992, p. 1) 
258 Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning 
life assurance (OJ L 345, 19.12.2002, p. 1) 
 
EN 176   EN failure to transpose Di rective 2005/14/EC (the 5th Motor Insurance Directive259) by 11 June 
2007. Some non-communication cases also had to be launched against Bu lgaria and Romania 
with regard to the failure to transpose some  Directives in the field of insurance. An 
infringement was also launched concerning Di rective 2002/92/EC (the  insurance mediation 
Directive260). 
In the banking sector , 30 infringement proceedings were started in 2007 against several (EU 
25) Member States for failure to transpose the so-called 'Capital Requirement Directive' (CRD) which lays down the capital requirements for banks and investment firms
261. They 
were terminated in the same year following the notification of the implementing measures by the Member States concerned. The proceedings we re continued against two Member States as 
transposition was not complete.  An infringement case against one  Member State for failure to 
transpose Commission Directive 2006/29/EC making technical amendments to the CRD
262 
was closed. Infringement proceedings were commenced against 7 Member States for non-
communication of the measures implementing Commission Directive 2007/18/EC which also 
amended technical provisions of the CRD263. An infringement proceeding was continued 
against France as a follow-up to a preliminar y ruling of the Court of Justice which had 
regarded the prohibition to pay interest on current accounts as incompatible with the EC Treaty 
264. 
In the context of a preventive approach the 'Capital Requirements Directive Transposition 
Group' (CRDTG), set up in 2006 in order to pre-em pt divergences in the transposition of the 
CRD, continued its work of discussions and clarification. It answered about 100 
interpretation/implementation issues raised by national authorities and the banking industry. 
At the end of 2007, the CRDTG had posted ov er 300 answers to FAQs on the Commission 
website265. 
In the payment systems sector , ahead of the transposition de adline for the Payment Services 
Directive (PSD)266 set for 1 November 2009, a Payment Services Directive Transposition 
Group  (PSDTG) has been set up to discuss and prep are the transposition of the PSD with the 
task of comparing approaches and choices ma de by Member States, of highlighting any 
implementation problem at an early stage and providing a better and consistent understanding 
of the PSD provisions. Bilateral meetings with  national administrations and experts involved 
                                                 
259 Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending 
Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of 
the European Parliament and of the Council relating to  insurance against civil liability in respect of the 
use of motor vehicles (OJ L 149, 11.6.2005, p. 14) 
260 Directive 2002/92/EC of the Europ ean Parliament and of the Council of 9 December 2002 on insurance 
mediation (OJ L 9, 15.1.2003, p. 3) 
261 The CRD consists of two Directives: Directive 2006/4 8/EC relating to the taking up and pursuit of the 
business of credit institutions (OJ L 177, 30.6.2006, p. 1)  and Directive 2006/49/EC on the capital 
adequacy of investment firms and credit institutions (OJ L 177, 30.6.2006, p. 201). The CRD was to be 
transposed in national la w by 31 December 2006 
262 OJ L 70, 9.3.2006, p. 50 
263 OJ L 87, 28.3.2007, p. 9 
264 Judgement of 5 October 2004, Case C-442/02, Caixa-Bank France v Ministère de l'Économie, des 
Finances et de l'Industrie  
265  http://ec.europa.eu/internal_market/bank/regcapital/transposition_en.htm  
266 Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment 
services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC 
and repealing Directive 97/5/EC (OJ L319, 5.12.2007, p. 1) 
 
EN 177   EN in the transposition task at working level have already taken place in order to enable Member 
States to ensure a timely and consistent transposition. 
Toward the end of 2007, the Commission invited Me mber States to notify the measures which 
had already been adopted or which they planned to adopt in order to implement the obligation 
under Article 15(1) of Regulation (EC) 1781/2006 of the European Parliament and of the 
Council on information on the payer accompanying transfers of funds267 which provides for 
the obligation to lay down effective, proportionate  and dissuasive penalties in national law for 
failure to comply with this Regulation. These measures should apply as of 15 December 2007. 
Following this preventive action, 12 Member St ates (BE, BG, DE, EE,  EL, FR, CY, LV, HU, 
AT, SK and UK) notified to the Commission the required measures. 
Concerning statutory audits  three transposition workshops we re organised in 2007 to assist 
Member States in the transposition of the Di rective 2006/43/EC on statutory audits of annual 
accounts and consolidated accounts268. Moreover, several bilatera l meetings were organised 
with Member States in order to  discuss individually the problem s linked to its transposition. A 
reasoned opinion, for non conformity with Article 49 of the Treaty, was sent for one case against France. In order to facilitate establishment of public oversight systems by Member States required the Directive 2006/ 43/EC, (major risk factor for transposition of the Directive 
2006/43/EC), an Expert Group, the "European  Group of Auditors' Oversight Bodies" 
(EGAOB) worked on exchanging good practice con cerning the establishment these systems. 
9.2.2.2  Changes underway (2008-2009)  
In the area of financial services  priority will be given to a thorough, risk-based assessment of 
the quality of transposition of  relevant directives. A comp leteness check of Directives 
2004/39/EC and 2006/73/EC started in 2007 and will be  finalised in the fi rst half of 2008 for 
the twenty-four Member States having comple tely transposed by that date. Thereupon, a 
quality check of Directives 2004/39 /EC and 2006/73/EC starts in the 1
st half of 2008. This 
check is done on the basis of a risk based assessment and with  the help of questionnaires 
addressed to Member States and industry 
In the insurance sector  the key change and challenge ahead is the proposal for a directive 
called "Solvency II" Directiv e has been tabled in 2007269. The proposal is currently under 
discussion in Council and Parliament. Form al adoption is only expected in 2009 and 
transposition by late 2012. The Di rective will provide for a tr ansposition period of about 3 
and a half years so that implementing measures needed to make the new framework completely operational are adopted beforehand.  Intensive work intended to prepare its 
transposition and proper application will not start before 2009. It follows the Lamfalussy 
process and will provide for a transposition period  of about 3 and a half year. The insurance 
sector  will see important changes with the adoption of the "Solvency II" Directive. It is 
intended to modernise the evalua tion and calculation of risks and therefore will provide for a 
new, prospective, economic and risk based approach putting much greater emphasis on sound 
risk management and robust internal controls by  insurance undertakings. In addition it will 
also profoundly influence the way in which s upervision is carried out by the competent 
supervisory authorities. It also contains a new approach as regards insurance groups. It is far 
                                                
 
267 OJ L 345, 8.12.2006, p. 1 
268 OJ L 157, 9.6.2006, p. 87 
269  Quote missing 
 
EN 178   EN too early to anticipate what will be the effects and consequences of the new Directive. The 
main current challenge (eva luation of the transpositi on of Directive 2005/68/EC on 
reinsurance) has already been mentioned and analysed, in depth and in detail. 
In addition to this work, conformity check of Directives transposed remains a key challenge. 
In the insurance sector, the non-communication phase affords the opportunity to press home 
the need for a comprehensive and updated c oncordance table and then to check the 
substantive conformity of th e transposition. This has been the approach followed for all 
Directives adopted since 2000 and also the initial/1st stage approach as regards the conformity 
assessment of Directive 2005/68/EC on reinsurance. 
As to the consequences of the conformity ch eck concerning recently adopted Directives, in 
relation to Directive 2005/68/ EC as well as in relation to Directive 2005/14/EC (5th motor 
insurance Directive) the ini tial non-communication infringement s' phase is still ongoing. As 
regards Directive 2002/92/EC (insurance medi ation) and Directive 2003/41/EC (pension 
funds), infringement procedures for substantia l breaches of those Directives are ongoing. No 
infringement procedures exist (for non-comm unication or for substantial breaches of the 
Directive) as regards Directives 2000/26/EC (4th motor insurance directive), 2001/17/EC 
(winding-up of insurance unde rtakings), 2002/13/EC (solvenc y margin) and 2002/83/EC (life 
assurance recast Directive). 
The implementation of the Directive on Reinsurance  (2005/68/EEC) was due by 10.12.2007, 
but not all Member States have completed their transposition process. In 2008 and 2009 
works will have to focus on pursuing infringeme nts for those countries which have not yet 
transposed. On the other hand, the conformity check will be structured following consultation 
with the industry an regulators so as to asce rtain the most important provisions of the 
Directive that need to be especially monitored. 
In the payment system sector  work will continue to support Member States in the 
transposition of the Payment Services Directive  (PSD)270. Ahead of the transposition deadline 
for the directive and following a specific tran sposition plan, a Payment Services Directive 
Transposition Group (PSDTG) will work to compare approaches and choices made by Member States, highlight any implementation probl em at an early stage and providing a better 
and consistent understanding of the PSD provisi ons. In parallel, bila teral meetings with 
national administrations and experts involved in the transposition task at working level should 
enable Member States a timely and consistent  transposition. The payments industry, other 
stakeholders and the European citizens will pl ay an important role in spotting flaws or 
distortions during the implementation proces s and signalling them to the Commission 
services. To serve this pur pose an interactive web page
271, operated through a question and 
answer approach, is open to everyone interest ed in the transposition process of the PSD. 
On 23.4.2008 the Commission proposed amendments to  the Settlement Finality Directive and 
the Financial Collateral Arrangements Direc tive (2002/47/EC). Adoption by the Council and 
the EP of these amending directives w ill hopefully take place by the end of 2008. 
                                                 
270 Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment 
services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC 
and repealing Directive 97/5/EC (OJ L 319 of 5.12.2007, p. 1). 
271 http://ec.europa.eu/internal_market/payments/framework/transposition_en.htm  
 
EN 179   EN Amendments were justified by the need to rea lign both directives with evolving market and 
regulatory practices. 
 As for the credit institutions  legislation
272, the national implementing measures for the 
Capital Requirements Directives amount to seve ral thousands of pages.  Work continues to 
check the conformity of the na tional measures. A report is du e at the end of 2008. The report 
should help the Commission to identify cases of non compliance of national laws with the 
CRD and where will be  appropriate follow up. 
Furthermore,  in the  banking sector amendments to the Capital Requirements Directives are 
planned for 2009 in order to re fine and update certain provisions. Work to prepare 
implementation could take place in late 2009 -2010 and might include Committee discussions, 
Committee guidelines and, if necessary, transposition workshops. 
In the field of company law and anti-money laundering  timely transposition is an issue. 
Taking into account the significant number of directives which ha ve been recently adopted in 
the field of company law and anti-money laundering, monitoring the transposition of 
directives in the area of company law requires pa rticular efforts. In th e first months of 2008, 
the late adoption of transpos ition measures by Member Stat es led to 100 infringement 
procedures. A high volume of national transpositi on measures will have to be checked in 2008 
and 2009. Some modalities of transposition may re nder the check complex, as it is the case 
when the transposition measures are "hidden" in a wider legal instrument which is adjusted to 
comply with a new EU requirement (i.e. th e Code of Commerce is communicated as a 
transposition measure even if only a few article s have been modified to transpose a given 
directive). Especially in those cases, concordance tables are essential to facilitate the check of 
completeness. Unfortunately they are not alwa ys compulsory under the directives and many 
Member States show a big reluctance to comm unicate them, even on an informal basis. The 
need of translation into worki ng languages of thousands of page s of national legislation is an 
added difficulty. In the short term, although bu rdensome, bilateral co ntacts with Member 
States prove to be th e most efficient manner to get targ eted information to carry out the 
technical legal analysis. However,  more systematic mechanisms need to be looked at for the 
future.  To face these challenges an Action Pl an has been established in 2008. It covers both 
measures to deal with the high number of  infringement cases for non communication of 
national measures and to prevent new infringe ments. It includes strengthened cooperation 
with national authorities, straightforward ma nagement of infringement cases and, when 
necessary, increased political pressure. A tran sposition scoreboard is also published on the 
internet on a monthly basis. The different  initiatives covered by the Action Plan are 
complementary. Their synergy has already started to bring positive results and 80 non 
communication cases have been either closed or  referred to the Court of Justice in 2008.  
Without prejudice to the assessments driven by  specific complaints, at  a first stage, the 
conformity checks are done on the basis of a ri sk-based approach. The risk is assessed taking 
into account both the nature of  the directives (e.g. whether a given directive completes or 
                                                 
272  Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the 
taking up and pursuit of the busi ness of credit institutions (recast) and Directive 2006/49/EC of the 
European Parliament and of the Council of 14 June 2006 on the capital adequ acy of investment firms 
and credit institutions (recast)  
 
EN 180   EN adjusts a well settled regime or creates a ne w one) and, within each directive, of the 
provisions concerned (e.g. whethe r the relevant provisions entail  possibilities or obligations 
for Member States). 
Also in the context of anti-money laundering , the implementation of Regulation 1781/2006 
leaves to Member States the introduction of an appropriate regime of sanctions. National 
measures will have to be checked. In the absence of notified measures, 15 infringements 
procedures were opened at the beginning of 2008 in this respect and will need close follow-up. 
Concerning auditing  transposition workshops and bilatera l meetings with Member States are 
organised in order to insure accurate and time ly transposition of the Directive 2006/43/EC. In 
case of further needs, those transposition work shops and meetings could be continued even 
after the transposition deadlin e of the Directive. The expe rt Group, the "European Group of 
Auditors' Oversight Bodies" (E GAOB) will also continue to wo rk on facilitating co-operation 
between public oversight bodies established by Member States according to the Directive. 
In the field of accounting , the Directive 2006/46/EC amending in particular some provisions 
of the 4
th Company Law Directive and of the 7th Company Law Directive shall be transposed 
by Member States by 5 September 2008. After that  date, the Commission Services will need 
to carry out the check of the transposition measures. 
Finally, two important review processes aimi ng at a better functioning of the respective 
legislation should be completed in  2008: the E-Money Directive (EMD273) and Regulation 
(EC) No 2560/2001 on cross-border payments in euro274. The report on the application of 
Regulation 2560/2001 on cross-border payments  in euro (COM(2008)64 of 11.2.2008) will 
trigger a revision of the Regulation in orde r to address the identified implementation 
problems, to better reflect the changed brought  by the Single Euro Payments Area (SEPA), 
and to align the Regulation w ith the recently adopted Payment Services Directive (PSD). 
9.2.2.3  Evaluation  
Secondary legislation is in permanent development in the financial services area , although 
the main pillars have been already establishe d following the Financial Services Action Plan 
launched in 1999. The new acquis  requires a continuous and close monitoring of national 
measures to ensure timely and proper transp osition. Further, some directives require the 
Commission to report on a number of key provisions that will al low to better evaluate their 
impact and to determine possible problems that  need to be addressed. In this area the 
permanent dialogue within the various sectoral committees – including the committees of the supervisors 
275– contributes to avoid significant devi ations from the relevant EC law. 
Convergence in the supervisory practices is also one of the key objectives in this area. Where existing, these inconsistencies ar e immediately identified and ofte n remedied even before the 
transposition process is completed. In the banking  area some potential infringements could be 
tackled and solved in 2007 thanks to the dialogue within the sectoral committee. Due to peer pressure and a valuable technical expertise w ithin the committee, Member States concerned 
                                                
 
273 Directive 2000/46/EC on the taking up, pursuit of and prudential supervision of the business of 
electronic money institutions (OJ L 275 of 27.10.2000, p. 39). 
274 OJ L 344 of 28.12.2001, p. 13. 
275  CEBS in the banking sector, CEIOPS in the in surance sector and CESR in the securities sector 
 
EN 181   EN accepted to modify their legislation. In the fina ncial services area, the Committee of European 
Securities Regulators helped find a practical tran sitional solution to ensure business continuity 
for firms from Member States that were late in transposing Directive 2004/39/EC.  
In the financial services sector, such as the insurance sector,  experience has shown that the 
main structural problems (apart from the accessi on of new MS or politi cal crisis) are given by 
the complexity of the legislation adopted sometimes in several steps according to the Lamfalussy process. To tackle this problem se minars explaining the le gislation have already 
been organised and regular contact with Memb er States is maintained via the relevant 
Committees (mainly the European Insurance and Occupational Pens ions one) and their 
working groups and also by using the packag e meetings. For the Solvency II proposed 
Directive a longer transposition period (of arou nd 3 years) is planned (with the so called 
"level 2" measures under the Lamfalussy process adopted ar ound 1 year before the final 
implementation date). The same complexity creates problems in transposition which may also be of substance (problems of interpretation, fo r instance, or of misa pplication, either in 
general or in specific individual cases).  
As regards the problem of late transpositio n, Member states are regularly alerted, in 
Committee meetings, package meetings and/or sp ecific transposition meetings/seminars of the 
transposition deadline(s) and on the need to pr ovide concordance tables. If there is no timely 
transposition despite re peated reminders the infringement  procedure is set in motion, and 
reminders keep being made at meetings like those mentioned above 
As for conformity issues, the main problems con cern BG and RO and to some extent some of 
the newer MS (CZ, PL) but overa ll conformity is globally g ood. As regards newer Directives 
(2005/14/EC, 5
th Motor Insurance, 2005/68/EC, reinsuran ce), the problems are spread fairly 
equally between "old" and "new" Member States . When you join both parts, new MS (BG, 
RO, CZ, PL) will be the lesser performing Member States. 
Regarding the work on complaints and infringements the workload is likely to increase in 
2008. This does not derive, however, from any persis tent or structural pr oblem but rather from 
the ever greater awareness of citizens of thei r rights, the increase in legislation and in the 
number of Member States. This implies a likely increase in flow of work and the corresponding need to define and establish prior ities. Priority will be given infringements for 
non-communication of transposition measures, non-respect of an ECJ judgement and cases 
that show a breach of a fundamental freedom or principle of the EC Treaty or a breach of a 
Directive which is either blatant or affects individual persons.  
As to the banking sector  two particular issues can be highlighted in respect of the 
transposition of the Banki ng Directives: First, Member States' authorities that are actually in 
charge of transposition are often unaware about the need to notify the measures electronically 
to the Commission, leading to major delays when  assessing infringement cases. Second, even 
though required by the Directives, some Member States did not submit transposition tables, 
making transposition checks burdensome and difficu lt. It seems worthwhile to consider the 
pursuit of such cases that, although minor, impe de the proper control of implementation. The 
contractor entrusted with the preliminary check of the trans position of the CRD has been 
requested to pay particular atte ntion to provisions regarded as a priority either because their 
breach would result in higher costs for cross-border banking groups or because their interpretation is controversial. Priority will be  given to the enforcement of these provisions. 
 
EN 182   EN As provided for in Article 31 of the Prospect us Directive (2003/71/EC ), the Commission is 
finalising the assessment of the application of this Directive, which will be presented in a form of a report to the Europ ean Parliament and the Council,  accompanied where appropriate 
by proposal for its review. The report will be  delivered in the first quarter of 2009.   
Notwithstanding the delay in f our Member States, the implementation of the Directive 
2006/48/EC is potentially satisfact ory. In the late four Member  States draft laws are under 
discussion in the parliament and should all be  adopted by the second semester of 2008. The 
preparation of the Commission st udy to assess correct  transposition in Member States, due 
after 2009, will require close monitoring with the national correspondent group to deeply harmonise national assessment reports 
In the field of company law and anti-money laundering  a significant number of directives 
have been recently adopted. The deadlines fo r transposition of Directives 2004/109/EC, 
2005/56/EC, 2005/60/EC, 2006/70/EC, 2007/14/EC a nd 2006/68/EC have recently passed. 
The deadlines for the transposition of Directives 2007/36/EC, 2007/63/EC and 2006/46 are 
still pending. The nature of the EU directives in these fields varies from one case to the other. 
While some recent directives modify slightly or  complete former directives (i.e. Directive 
2006/70/EC, which includes implementing measur es to the Third Anti-Money Laundering 
Directive), others introduce a set of new rules (i.e. Directive 2007/36/EC on Shareholders' 
Rights).  
 
9.2.3 Free movement of capital (Articles 56 et seq. EC) 
9.2.3.1  Current position 
 Work  in 2007 
2007 has been an active year in the area of capital movements. Prioritisation has permitted 
DG Internal Market and Services to concen trate its resources on the more important 
infringement cases without any detrimenta l impact on the treatment of complaints. 
The majority of the infringement cases opene d in 2007 was related to  different kinds of 
special rights that governments ma intain in private or privatis ed companies on the basis of 
framework laws governing privatisation or other laws applicable to particular companies or 
sectors. An increasing number of these free mo vement of capital infringement cases concern 
regulated sectors and in particul ar the energy sector. Reasoned opinions were sent to Portugal 
for the special rights regime in place in th e main energy companies EDP and GALP, as well 
as to Poland for its framework law on special powers in companies of special importance for public order or public security. Spain was referr ed to the ECJ for its legislation defining the 
functions of the energy regulator in rela tion to acquisitions of energy companies
276. Several 
new cases related to special rights or other rest rictions of the free movement of capital in 
energy companies were further examined in 20 07. They concerned Austria, Germany, Greece, 
Hungary, Romania and Slovakia.  
                                                 
276 C-207/07 
 
EN 183   EN Not related to the energy sector, an infringe ment procedure against the Netherlands was 
closed after notification of measur es to comply with a 2006 ECJ ruling277. This ruling had 
found that the special rights of the Dutch State in Koninklijke KPN N.V. and TNT Post Groep 
N.V. were incompatible with the free movement of capital. Several other cases were closed as 
a result of fruitful discussions w ith Member States and the clarif ication of, or amendments to 
contested provisions before the stage of court referral was reached or a reasoned opinion sent. 
They concerned special rights in a Luxembou rg satellite company, restrictions on the 
acquisition of domestic Italian banks and a non-compete clause in the privatisation agreement 
of a Polish bank. Discussions with the Member States on cases open some years ago resulted 
in satisfactory amendments of the contested le gal provisions and the closure of the cases. 
They concerned the French legislation which pr evented football and other professional sports 
clubs from being listed on stock ma rkets, the obligations for joint owners of real estate in 
France to provide for an address in that Memb er State and the Swedis h legislative provisions 
on disclosure of foreign bank accounts. 
Still in the area of special rights, the ECJ278 ruled that three provisions of the law on the 
privatisation of Volkswagen (VW law) attribut e unjustified special rights to German public 
authorities and infringe Artic le 56 EC. The ruling did not accept any of the economically 
motivated justifications  advanced by Germany. 
9.2.3.2  Changes underway (2008-2009) 
Efficient monitoring is the basis for a better po licy towards capital markets and for timely and 
effective action based on a better understanding of market tre nds and developments. In the 
area of capital movements severa l studies or analyses to ascer tain the functioning of capital 
markets or to identify potential barriers have  been finalised or launched in 2007. They will 
trigger for 2008 and 2009 a close follow-up on in tra-EU investment, inve stment restrictions 
on the basis of national security issues, invest ment restrictions in some pension schemes, 
direct investment, mergers and acquisitions, tr ansitional periods concerning agricultural real 
estate. 
The pro-active approach by way of reinforced and systematic monitoring will not necessarily 
lead to an increase of the number of infri ngement cases but will allow concentration on the 
more important ones, to divers ify the range of restrictions to the free movement of capital 
which are being dealt with and to address these restrictions at an  early stage. On the basis of 
recent monitoring the following issues be came priorities for 2008-2009: follow up to 
enlargement and privatisation processes in EU -12; follow up of measures taken by Member 
States on the basis of na tional security and invol ving restrictions on fore ign direct investment; 
further diversification of the ra nge of restrictions to the free movement of capital which are 
being addressed on the basis of monitoring of important sectors (e.g. pension funds, energy). 
9.2.4 Public procurement 
9.2.4.1  Current position 
Report on the work done in 2007 
                                                 
277 Judgment of 28 September 2006, joined cases C-282/04 and C-283/04 
278 Judgment of 23 October 2007, case C-112/05 
 
EN 184   EN In the field of public procurement , the Commission carried out its control of the application of 
Community law by means of infringement proce dures, but especially also via complementary 
means, such as bilateral meetings with the Member States involving the contracting authorities concerned. 344 public procurement infringement files have been handled in 2007. 
Of these, 142 cases (41%) could be closed; only 12 (approx. 3.5 %)  had to be referred to the 
ECJ. Around 200 of those 344 files were infringeme nt cases. 25% of these infringement cases 
were priority cases. Among the Commission activitie s in 2007 in the contro l of the application 
of European procurement law the followi ng are in particular worth mentioning: 
As regards the transposition of the public procurement Directives  2004/17/EC and 
2004/18/EC
279 infringement cases against 10 Member States due to non-co mmunication of the 
national transposition m easures before the deadline of 31 January 2006 were still pending at 
the beginning of the year 2007. Despite importa nt efforts by the Commission to encourage 
and support Member States in their transp osition, these Member States were already 
considerably late with their na tional transposition of the Dir ectives. In the course of 2007, it 
was possible to close th e open infringement procedures agai nst 7 of these 10 Member States. 
By the end of 2007, only 3 Member States, Belg ium, Luxemburg and Portugal had still not 
notified their transposition measures. Since then, Luxemburg has become the only Member 
State which remains under an infringement  procedure for non-communication of national 
transposition. 
As concerns infringement cases launched by the Commission on which the Court issued a 
judgement in 2007, the following brought inte resting precisions or clarifications: 
Impact of the failure of a Memb er State to fulfil its EC pub lic procurement obligations on 
related contracts  - In case C-503/04280, the Court has clarified that when it has established 
that a Member State has failed to fulfil its obligations under the EC public procurement law (articles 226/228 EC), the termin ation of the on-going contract c oncluded in violation of EC 
public procurement may be required in order to eliminate the infringement. In this case, the 
Court ruled that, by having failed to adopt all the necess ary measures to comply with a 
previous judgment on the same issue, Germa ny had failed to fulfil its obligations under 
Article 228 EC-Treaty. Inter al ia, the Court confirmed that Germany cannot rely on the 
principles of legal certainty and of the protec tion of legitimate expectations, the principle 
pacta sunt servanda  ('pacts must be respected') and th e right to property to justify the non-
implementation of a judgment establishing a failu re to fulfil obligations  under Article 226 EC.  
Transparency principle applicable to non-priori ty services covered by public procurement 
directives  – In Case C-507/03
281, the Court clarified that , since Directive 92/50/EEC282 is 
designed to eliminate practices that restrict competition in general, and participation in 
contracts by other Member States’ nationals in  particular, by improving the access of service 
providers to procedures for the award of contracts, it follows th at the advertising arrangement, 
                                                 
279 Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating 
the procurement procedures of entities operating in the water, energy, transp ort and postal services 
sectors (OJ L 134, 30.4.2004, p. 1) and Directive 2004/18/EC of the European Parliament and of the 
Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, 
public supply contracts and public service contracts (OJL 134, 30.4.2004, p. 114). 
280 Judgement of 18 July 2007, case 503/04 Commission v. Germany  
281 Judgement of 13 November 2007, case 507/03 Commission v. Ireland  
282 Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award 
of public service contracts (OJ L 209, 24.7.1992, p. 1) 
 
EN 185   EN introduced by the Community legislature for c ontracts relating to non- priority services 
coming within the ambit of Annex I B, cannot be  interpreted as precl uding application of the 
principles resulting from Articles 43 EC a nd 49 EC, in the event that such contracts 
nevertheless are of certain cross-bor der interest. In particular, in so far as a contract relating to 
these non-priority services are of such interest , the award, in the absenc e of any transparency, 
of that contract to an undert aking located in the same Memb er State as the contracting 
authority amounts to a difference in treatment to the detriment of undertakings which might 
be interested in that contract but wh ich are located in other Member States. 
Distinction between public  contracts and concessions  - In its judgemen t of 18 July 2007 in 
case C-382/05283, the ECJ held that a contract in wh ich the concessionaire's remuneration, 
although based on the demand for the service is pa id exclusively by the contracting authority 
and in circumstances in which a minimum remuneration is guaranteed and the contract provides for price adjustments if that mi nimum is not reached is not a concession. 
9.2.4.2  Changes underway (2008-2009) 
In the area of public procurement, in view of the high number of contra cting authorities (and 
entities) and of the high number of contract  awards covered by the EU Directives, a key 
priority will be to handle swiftly cases rela ted to the efficiency of the national review 
procedures that businesses can use when they  consider that a cont racting authority has 
awarded a contract unfairly. 
On 11 December 2007, the European Parliament and the Council adopted a Directive 
modifying the EC Directives on remedies in the field of public procurement . The ongoing 
transposition process of this Directive offers Me mber States a special opportunity to legislate 
in order to upgrade the effectiv eness of the national review procedures. The key provisions of 
the new Directive concern 1) the introduction of  a mandatory standstill period between the 
award decision and the conclusion of a public contract and 2) th e combating of illegal direct 
awards of public contracts. The Directive al so introduces forceful sanctions, including under 
certain circumstances the ineffectiveness of contracts. The assistance offered to Member 
States in the transposition c ontext as described under 5.3.2.1 shoul d further help them to seize 
this opportunity to improve their legislation in the field. In order to ensure a consistent and 
timely transposition by 20 December 2009, the Comm ission services will follow closely the 
transposition process started in 2008 and will o ffer their assistance to Member States through 
bilateral contacts or, where appropriate, meet ings of the Advisory Committee for Public 
Contracts. Explanatory guidance notes on specif ic points will be issued where necessary. In 
addition, the standard forms provided for by Dire ctive 2007/66/EC will be tabled and adopted 
through a comitology procedure in 2009.  
To solve recurring problems in the field of defence procurement , the Commission tabled in 
December 2007 a proposal for a Directive. For th e procurement of arms, munitions and war 
materials, and under the condition of the protection of their esse ntial interests of security, 
there is an exemption from the application of th e rules of the internal market (Article 296 EC). 
This exemption is almost systema tically invoked. The Commission proposal  aims at creating 
more flexible rules for defence procurement an d related markets pertai ning to security. Its 
provisions will be adapted to the specific f eatures of those markets (e.g. the negotiated 
                                                
 
283 Judgement of 18 July 2007, case 382/05 Commission v. Italy  
 
EN 186   EN procedure with prior publication will become the standard procedure), while complying with 
the principles of the internal market. The proposal is currently being discussed within the Council and the Parliament. Should the adoption ta ke place during the curre nt EP legislature, 
a delicate transposition phase will start in 2009. 
In the field of public procurement bilateral cont acts with Member States at package meetings 
greatly facilitated the reductio n in the volume of infringeme nts in the past. In 2007, the 
majority of cases discussed at package mee tings (between 70 and 100 %) have been solved 
within 6 months after the package meeting. This  well established practice will be continued in 
2008/2009. The new EU-Pilot will also  be used in the field of public procurement to solve 
cases even before launching an infringement procedure. 
9.2.4.3  Evaluation 
The impact of public procurement infringement cases is considerable. Despite the fact, that 
these concern often individual cases, the economi c impact can be substantial. In addition, the 
legal outcome of cases frequently  influences the handling of si milar procurement situations by 
other contracting authorities and thus has an impact well be yond the individual case. In 
particular, the regular dialogue developed with Member States on cases of misapplication of 
EC public procurement rules represents an oppor tunity for Commission services to raise the 
awareness of the competent natio nal authorities on a number of weaknesses that may often be 
overcome through national guidance for public purchasers. Furthermore, complaints 
sometimes reveal transposition problems that we re not immediately detected on the basis of 
the general screening carried ou t of the transposition measures that had been notified by the 
Member State concerned. In this context, p ackage meetings during which a number of files 
are discussed between Commission services an d the competent authorities of the Member 
State concerned offered another opportunity to solve/close almo st 80% of the 60 files that 
were put on the agendas in 2007. The new EU -Pilot will also be used in cases where 
clarification is needed or where it is possible to close a case be fore launching an infringement 
procedure.  
9.2.5 Regulated professions (qualifications) 
9.2.5.1  Current position 
Report on the work done in 2007 
The volume of complaints and infringements con cerning restrictions in breach of Articles 39, 
43 and 49 of the EC Treaty and the directives on the mutual  recognition of professional 
qualifications remained broadly stable in 2007. 
The Commission started infringement proceedings  against almost all Member States for non-
communication of national implementing meas ures of Directive 2006/ 100/EC providing for 
technical adaptations to the Directives on prof essional qualifications fu rther to the accession 
of Bulgaria and Romania to the European Union
284, which came into force on 1st January 
2007, and Directive 2005/36/EC on the recognition of professiona l qualifications which had 
                                                 
284 OJ L 363, 20.12.2006, p. 141 
 
EN 187   EN to be transposed by 20 October 2007285. For Directive 2006/100/EC, reasoned opinions have 
been sent to 21 Member States. 
The Commission decided to take action agains t Greece before the Court of Justice on the 
basis of Article 228 over Greek legislation on the ownership, opening and operation of 
opticians' shops286, which restricts the freedom of esta blishment of companies from other 
Member States in Greece. 
The Commission decided to refer to the Court of Justice also  Germany, Austria, Belgium, 
France, Greece and Luxembourg on the grounds that these Member States allow only nationals of their own country to practise as notaries. In the view of the Commission, this 
nationality condition is contrary to the freedom of establishment provided for in Article 43 of 
the EC Treaty and cannot be justified by refe rence to Article 45, wh ich exempts activities 
related to the exercise of official author ity. On the same grounds, the Commission issued 
reasoned opinions against the Czech Republic, Hungary, Latvia, Lithua nia, Malta, Poland, 
Slovakia and Slovenia, and sent le tters of formal notice to Bulg aria and Romania. Spain, Italy 
and Portugal have abolished the nationality condition previously in force for notaries. Estonia and the Netherlands are abolishing it. 
As regards the infringement proceedings opene d against France in relation to unwarranted 
restrictions on the freedom to pr ovide services for doctors, den tists and midwives established 
in other Member States and eligib le for automatic recognition of their qualificati ons in France 
under Community Directives (infringement men tioned in previous re port), the Commission 
decided to close it due to the new legislation adopted by France in order to comply with EU 
law. 
9.2.5.2  Changes underway (2008-2009) 
Directives 2005/36/EC on the recognition of professional qualifications
287 came into force on 
20 October 2007. It replaces 15 directives c overing hundreds of professions. From the 
information received so far from Member Stat es the Directive should be fully implemented by 
all Member States by the end of 2008/be ginning of 2009, with one year delay.  
The main challenge is the substantial number of national measures needed to transpose it 
(hundreds of texts). The conformity  check will take place after having received and translated 
all national implementing measures. In a first phase the analysis wi ll concentrate in particular 
on the new rights granted to EU citizens, name ly the new regime for the free provision of 
services (Title II of the directive) and the subsidiary application of the general system to cases which previously would have fallen under the Treat y provisions (Article 10 of the directive).  
The absence of concordance tabl es for many Member States, desp ite repeated requests, makes 
the examination more difficult. In order to monitor the appropriate and smooth application of this Directive, a Code of Good Conduct whic h specifies the good nati onal administrative 
practices will be estab lished with the Group of Coordinato rs of Directive 2005/36/EC. A key 
role for a smooth implementation is the IMI System ; it is currently in place in its pilot phase 
for four professions only (doctors, phar macists, physiotherapists, accountants).  
                                                
 
285 OJ L 255, 30.9.2005, p. 22 
286 Judgment of 21 April 2005, Case C-140/03 Commission v. Greece  
287  OJEU L 255 of 30.9.2005, p. 22 
 
EN 188   EN 9.2.5.3  Evaluation 
The volume of complaints and infringements con cerning restrictions in breach of Articles 39, 
43 and 49 of the EC Treaty and the directives on the mutual  recognition of professional 
qualifications remains broadly stable. 
One of the main priorities in this area is currently the analysis of the national measures 
transposing Directive 2005/36/EC in order to assess their conformity with Community law. A 
complete translation of the notified text is th e first step, which may take some time. A pilot 
project for translation of nationa l transposition measures is being used to overcome some of 
the difficulties encountered. The main challenge re lated to this directiv e is represented by the 
enormous number of national measures needed to transpose it (hun dreds of texts). The 
absence of concordance tables for many Member States, despite repeated requests, makes the 
examination even more difficult. 
Regulated professions represent another field where the proper application and transposition 
of Community law has a major impact on citizens’ rights on a daily basis.. 
Following the recent experience, the results of th e conformity check of the national legislation 
transposing directive 2005/36/EC and own initiative monitoring, th e following issues will be 
targeted for priority action in 2008-2009: th e new regime for providing services and the 
subsidiary application of the general regime as well as principle questions under the Treaty 
and significant issues such as a same profession  affected in several Me mber States or several 
professions in one Member State.  
9.2.6 The business environment 
9.2.6.1  Current position 
Report on the work done in 2007 
In the area of industrial property , the final report of a stu dy on the implementation of the 
Directive 98/71/EC on the legal protection of design288 in the 10 New Member States 
(commissioned in 2005) could be concl uded and accepted in March 2007. A pending 
infringement procedure against It aly could be closed after consid ering the modified Italian IP 
code in line with the Directive.  
A study on the implementation of Direct ive 98/44/EC on the legal protection of 
biotechnological inventions289 in the 10 New Member States  (launched at the end of 2006) 
was carried out in 2007. The final report wa s terminated and accepted in November 2007. 
Further monitoring and conclusion of the notifica tion process with regard to Member States' 
obligation to designate their Community trad e mark courts pursuant to Art. 91 of the 
Regulation (EC) 40/94 on the Community trade mark290 were made. The Commission also 
monitored further the notification process with regard to Member States' obligation to designate their Community design  courts pursuant to Art. 80 of the Regulation (EC) 6/2002 
                                                
 
288 OJ L 289, 28.10.1998, p. 28 
289 OJ L 213, 30.7.1998, p. 13 
290 OJ L 11, 14.1.1994, p. 1 
 
EN 189   EN on Community design291. Two Member States (France and Luxembourg) were referred to the 
European Court of Justice under Art. 226 EC over their failure to do so. 
Directive 2004/48/EC292 on the enforcement of intellectual property rights had to be 
implemented in the Member States by 29 April 2006. Further pursuing of infringement procedures against 10 Member States over their failure to notify their implementing measures. 
At the end of 2007 infringement procedures ag ainst 4 Member States were still open and 
pending with the ECJ (Germany, L uxembourg, Portugal and Sweden). 
9.2.6.2  Changes underway (2008-2009) 
Regulation 816/2006 of 17 May 2006 ( compulsory licensing of patents  relating to 
pharmaceutical products)
293 requires Member States to notify the Commission of the 
designated competent authority. The process of notification is still ongoing and needs further 
monitoring.  
In 2009, Member States will submit to the Commission a report on the implementation of 
Directive 2004/48/EC. On the basis of those reports, the Commission shall draw up a report 
on the application of this Dire ctive, including an assessment  of the effectiveness of the 
measures taken, as well as an evaluation of  its impact on innovation an d the development of 
the information society. That report shall then be transmitted to the European Parliament, the Council and the European Economic and Social  Committee. It shall be accompanied, if 
necessary and in the light of developments in  the Community legal or der, by proposals for 
amendments to this Directive. Therefor e the Commission is pl anning to organize 
correspondent group meetings in view of harm onizing Member States assessment report. 
In addition the Commission is planning to pr omote administrative cooperation, including the 
exchange of information on the enforcement of intellectual property rights, among Member States and between Member States and the Co mmission. This will be d one through a network 
of national correspondents. 
In the field of auditing,  the transposition deadline of the Directive 2006/43/EC expires in 
2008. The commission services will need to chec k a high number of the national transposing 
measures. The commission services have asked Member States to provide full transposition 
tables and in principle, all Me mber States agreed to provide such tables. DG Internal Market 
intends to publish, in 2008, a scoreboard on the implementati on of the Directive 2006/43/EC. 
 
                                                
 
291 OJ L 3, 5.1.2002, p. 1 
292 OJ L 157, 30.4.2004, p. 45 
293  Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the 
recognition of professional qualifications, OJ L 255, 30.9.2005, p. 22–142  
 
EN 190   EN 10 REGIONAL  POLICY 
10.1 Current position  
10.1.1  Existing measures in force 
Relevant Treaty provisions: Articl es 158 to 162 of the EC Treaty  
Number of Council & Parliament or Commi ssion regulations in force: 12 covering 
interventions for the 2000-2006 programming period 
10.1.2   Work  in 2007 
– DG REGIO has no infringement proceedings under way at present. 29 complaints 
have been dealt with during the year 2007.  
– 22 cases were closed during the reporting period.  
– 4 petitions related with complaints were received. 
– 33% of the complaints were against Po lish Managing Authorities and 8% against 
Bulgarian and Romanian Managing Authorities.  
A first category of complaint concerns the sele ction process of indivi dual projects under the 
different programmes co-financed by Community  Structural Funds. The principal motivation 
for complaints was the rejecti on of the complainant's cofinancing application, however, in a 
context of shared management, selection of indi vidual projects lies in the competence of the 
national / regional authorities. C onsequently, where the selection is made in accordance with 
the programming documents (i.e., the Comm ission decision appr oving the operational 
programme granting the assistan ce, the programme complement and the project selection 
criteria), and where the project implementati on does not infringe any provision of Community 
law, in principle the monitoring of the progra mme and project implementation is primarily the 
responsibility of the programme' s managing authority. Even in such cases, the Commission 
usually contacts the national authorities ascertai n their position on the complaint. It should be 
noted, that such complaints could be examined  by the competent national administrative or 
judicial authorities. 
A second category of complaint concerns al leged non-compliance of Community law on 
environment policy or public procurement law. 
Where the examination of the allegations lead s to the conclusion that Community law has 
been breached, this may lead to the ope ning of a financial co rrection procedure. 
Consequently, the normal sanction for lack of respect of Community law when implementing 
Community Structural Funds is a financial corr ection, i.e., requiring reimbursement of grants 
unduly received, rather than an infringement procedure. 
A third category of complaint concerns the advi sability of given project selection, claiming 
that a particular infrastructure project is no t in the right place (e.g. roads), does not work 
properly (water sewage treatment plants) or allegedly gives rise  to a waste of the European 
budget. In such cases, there is often no a llegation of a breach of Community law. 
 
EN 191   EN 10.2 Changes underway 
10.2.1  Recently adopted measures due to enter into force which may require additional work:  
For the new programming period 2007-2013, 6 new regulations have entered into force. 
10.2.2  New measures due to be adopted which may require specific implementation / 
transposition work :  
Regulation (EC) No 1082/2006 of the European Parliament and of the Council on a European 
Grouping of territorial cooperation294 entered into force on 1 August 2006; however, it has 
applied only from 1 August 2007, as the Memb er States had to make provisions as are 
appropriate to ensure the effective application of that Regulation and to inform the Commission of these provisions. The non respect of these obligations may lead in 2008 to 
infringement procedures against Member States  not making such provisions or not informing 
the Commission about them. 
10.2.3  Volume of enquiries, complaints, infringe ments work and petiti ons, and prioritization 
among them :  
Priority will be given to those cases that ex pose - with conclusive evidence - a fraud or a 
systematic violation of the Structural F unds Regulations or EC law by the Managing 
Authorities (important irregul arities, non isolated cases). 
Managing Authorities should be more involved in the treatment of complaints where it 
appears that the issue is of th eir competence following the Structural Funds Regulations: e.g. 
selection of projects. The Commission's role is to ensure that management and control 
systems are in place and work properly. The Commission cannot intervene when there is no 
infringement of Community law and when th e Managing Authorities comply with the 
programming documents. 
10.3  Evaluation 
From one year to another the number of compla ints dealt by DG REGIO is quite stable, but 
priority will be given in 2008 to those cases described in B.II.  
 
11 TAXATION
 AND  CUSTOMS  UNION 
11.1 Customs 
11.1.1  Current position 
11.1.1.1  Existing measures in for ce (situation on 31/12/2007) 
For a list of the measures in force please refer to Annex I paragraph 3.1 
                                                 
294 OJ L 210, 31.7.2006, p. 19. 
 
EN 192   EN 11.1.1.2   Work  in 2007  
 Regarding the petitions treated in the customs area, one  petition was received, concerning 
the compatibility of UK law with Commun ity Customs Code provisions regarding the 
possibility to challenge cust oms administrative decisions. 
- In the area of customs, in  line with the Communication295 on a strategic review of better 
regulation in the European Union, and the Communication296 on better monitoring of the 
application of Community law,  the Commission has paid attention to a better and simpler 
legal environment. In principle, these objec tives may only be reached with a commitment 
from Member States to apply Community rule s in a correct and uniform way. Therefore, 
measures have been taken in order to enha nce closer cooperation between the Commission 
and Member States in the fiel d of prevention. The outlook is or iented towards the creation of 
new tools enabling better monitoring of a corr ect and uniform application of Community 
Customs law. With this end in view, a gl obal approach has been adopted through a multi-
annual programme aiming to monitor the complia nce of Customs legisl ations in different 
Member States.  
Furthermore, amongst the decisions taken by the ECJ and the TFI in 2007 within this area, the 
following cases were of particular relevance : 
In Road Air297 the Court held that Article 236(1), fi rst subparagraph, of the Customs Code 
should be interpreted to mean th at the failure of the national cu stoms authorities to determine 
the place where the customs debt was incurred  does not have the effect of rendering the 
amount of customs duties not legally owed. Howeve r, the Member State to which the office of 
departure belongs can proceed to recovery of import duties only if it has first informed the 
principal that it has a period of three months in which to furnish proof of the place where the infringement or the irregularity was actually committed and such proof has not been provided within that period. 
In Agrover
298 the Court declared that Article 216 of the Customs Code applies to the inward 
processing operations referred to in Article 115(1)(b) of that re gulation in which the 
compensating products have been exported out side the European Community prior to 
importation of import goods. 
In Zefeser299 the Court ruled that the classification of an  act as ‘an act that could give rise to 
criminal court proceedings’ falls within the co mpetence of the customs authorities required to 
determine the exact amount of the im port duties or export duties in question. 
In Euro Tex300 the Court held that, since Article 7( 1)(b) of Protocol 4 to the Europe 
Agreement establishing an association between  the European Communities and their Member 
States, 1of the one part, and the Republic of Po land, of the other part, as amended by Decision 
No 1/97 of the Association Council, Associ ation between the European Communities and 
their Member States, of the one part, and the Re public of Poland, of the other part, of 30 June 
                                                 
295 COM(2006)689 of 14.11.2006 
296 COM(2002)725 of 16.05.2003 
297 Judgment of 13.12.2007, case C-526/06 
298 Judgment of 18.10.2007, case C-173/06 
299 Judgment of 18.12.2007, case C-62/06 
300 Judgment of 14.06.2007, case C-56/06 
 
EN 193   EN 1997 does not make it possible to draw a dis tinction between simple and more complex 
matching operations, matching opera tions such as those describe d in the order for reference 
are covered by the concept of simple operati ons of matching for the purposes of that 
provision. 
In Commission v Italy301 the Court declared that, by in troducing an environmental tax on 
methane gas from Algeria, Italy has failed to fu lfil its obligations under Articles 23 EC, 25 EC 
and 133 EC. 
 11.1.2  Changes underway 
Recently adopted measures requiring additional work 
• 'Security amendments' to the Community Customs Code for security and safety 
purposes adopted in 2005-2006,   
Customs have a general role to play in comb ating the security threat associated with 
international trade movements (s ecurity of the supply chain) while ensuring security and 
safety of the Community and its residents, incl uding customs officials ca rry out their duties in 
a safe way, and protection of the envir onment. The 'security amendments" and the 
implementing provisions of the Community  Customs Code concern notably prior 
arrival/departure information, Authorised Econo mic Operator (AEO) status, risk management. 
The work ahead consists in ensuring the im plementation of new rules, procedures and 
controls for security and safety purpose on impo rt and exports, including a monitoring of the 
application of the AEO status. 
Adoption by the European Parliament in  February 2008 of the Modernised Customs 
Code (and further adoption of its Implementing Provisions).  
The Modernised Community Customs Code will simplify legislation and streamline 
customs process procedures to the benefit of both consumers a nd traders. It introduces the 
electronic exchange of declarations, documents  and information to allow speedier and more 
efficient exchange of electronic informa tion between the national customs and other 
competent authorities;  
It will in particular promote the concept of "centr alised clearance", under which authorised 
traders will be able to declare goods electroni cally and pay their customs duties at the place 
where they are established, irrespective of  the Member State through which the goods will 
be brought in or out of the EU customs terr itory or in which they will be consumed.  
Besides, it will offer bases for the devel opment of the 'Single Window' and 'One-Stop-
Shop' concepts, under which economic operators  give information on goods to only one 
contact point ('Single Window' concept), even if the data should reach different 
administrations/agencies, so that controls  on them for various purposes (customs, 
sanitary,...) are performed at the same time an d at the same place ('one-stop-shop' concept).  
 
                                                
 
301 Judgment of 21.06.2007, case C-173/05 
 
EN 194   EN Nonetheless, the implementation of the Modern ised Customs Code (mCC) is not limited to 
its Implementation provisions, but includes also  a package of coherent actions aimed at 
ensuring a legal environment and an efficient and uniform application. In this respect, the 
implementation of the Modernized  Customs Code also implies: 
o Preparation of the dispositions  of application of the mCC 
o IT aspects of the implementation  
o Developing a coherent set of 'soft law'  (explanatory notes and guidelines)  
o Follow-up of the application of the customs legislation 
o Developing issues related to Infr ingements and customs penalties  
o Setting up new internal rules of procedure of the customs code committee 
 
It is important to stress that the drafting and finalisation of the MCCIP faces three major 
challenges: 
- the need to produce, from various parts pr epared by different units and groups, a single 
text, which has to be legally coherent in itself and with the mCC; 
- the need to reshape all customs procedures from an IT perspective, with the related 
constraints in terms of developments of systems and timing for this development. 
- the need for these provisions to be applic able at the latest on 24/06/2013, as required 
by the mCC, which implies an adop tion by the Commission around mid 2010. 
 
Volume of enquiries, complaints, infringeme nts work and petitions, and ad hoc prioritization 
In the area of customs law,  priority is given to those cases which reveal clear and serious 
infringements of Community Customs law. 
The number of infringement cases (total of 26 comp laints, a little bit less than in 2006) and of 
reasoned opinions (11 in 2007) remained stable. 
Amongst these complaints, regarding the EU -10 and EU-2 enlargement follow-up: 14 
concerned EU-10 and 3 for EU-2. 
DG TAXUD opened its own investigations regardi ng presumed infringements. This resulted 
in a number of 2 presumed infringements and 9 identified ones, amongst whose 4 cases were 
filed. 
The majority of enquiries (30 in 2007) and comp laints in this area (a  total volume of 26 in 
2007) concerned specific aspects of applicati on of the provision of the Community Customs 
Code and Common Customs Tariff (charges of an equivalent e ffect to customs duties, Art. 23  
& 25 CET). 
Regarding "Action under Art.228", none was reported. 
 
EN 195   EN In terms of Court cases, DG TAXUD dealt with 19 references for a preliminary ruling and 9 
Actions against the Commission (1 action fo r non-contractual liability, 5 actions for 
annulment and 3 appeals). 
The volume of petitions in the different s ectors falling within the competences of DG 
TAXUD is relatively moderate and stable ( 16 new petitions have be en introduced in 2007). 
 11.1.3  Evaluation 
In the customs area , the situation has significantly not changed regarding as infringements 
and the number of references to th e Court. It is premature to estim ate if this trend of stability 
will continue .  
The situation has globally been stable and does nor require urgent attention neither 
improvement measures for problem atic situations. However, a deliberate and clear priority  
will be allotted to a preventive and pro-activ e approach, aiming at improving the current 
community legal environment. With the adoptio n of a new legal instrument, the modernised 
customs code, a significant milestone will be re ach and will strengthen a correct and uniform 
application of the customs legisl ation. Fully conscious of the nece ssity of  the enhancement of 
a generalized culture of mon itoring, DG TAXUD took the initia tive of launching a monitoring 
programme in cooperation with Member States, th at will be developed in the year 2008. This 
will allow both Member States and the Commission to identify room for improvement in 
areas such as legislation and procedure harm onization, harmonization of rules interp retation, 
controls and practices, or customs penalty rules. 
 
11.2 Indirect taxation 
11.2.1  Current position 
For a list of the measures in force please refer to Annex I paragraph 3.2 
11.2.1.1  Work  in 2007  
- Although the legislation has al ready evolved towards a more harmonised system within the 
area of indirect taxation , the requirement of unanimous agreement for the adoption of 
legislation reduces progress made and requir es increased recourse to infringements 
proceedings to clarify legal rights. Moreover, the legislative tools have a wide scope of 
application with the VAT directive applyi ng to the entire economy which requires 
prioritisation in the verification of th e correct application of all provisions. 
The criteria of prioritisation were fixed in lin e with the Communication of the Commission of 
2002 on the improvement of the control of the application of the Community legislation. 
In particular, the action concentrated on the non-communication of national measures 
transposing Directive 2003/96/EC regarding Energy taxation (3 Me mber States are referred to 
the Court of Justice). 
 
EN 196   EN In addition, priority was given to infringements that undermine the foundations of the rule of 
lax and that undermine the smooth functioning of the community legal system. DG TAXUD 
consequently opened proceedings related to  the VAT application of postal services 
(infringements interfere with free dom of movement of services in  a postal services liberalized 
market), travel agents (infringements affec ting the own resources) an d the respect of the 
correct application of reduced VAT rates (infringements concer ning a too broad application of 
a derogatory provision which is interpreted in a restrictive wa y). A considerable number of ex 
officio  cases have in this way been initiated. 
The application of prioritisation was also  focused on the non-communication of national 
measures transposing Directive 2003/96/EC rega rding Energy taxation (3 Member States are 
referred to the Court of Justice). 
Factual disputes on the other hand were in most  cases successfully re ferred to the SOLVIT 
system as value added network for problem solving. 
Within the area of indirect taxation, both the en largement and the strategic objectives adopted 
by the Commission for the period 2005-2009, were for another successive year reflected in an 
increasing number of infringement cases and a c onsiderable input related to new Court cases. 
The following cases merit extra attention : 
In the judgment in the case Teleos302, the Court ruled that  the competent authorities of the 
Member State of supply should not require a supplier, who acted in good faith and submitted 
evidence establishing his right to the exemp tion of an intra-Community supply of goods, 
subsequently to account for value added tax on those goods where that evidence is found to be false, without, however, the supplier’s involvement in the tax evasion being established, provided that the supplier took ev ery reasonable measure in his pow er to ensure that the intra-
Community supply he was effec ting did not lead to his part icipation in such evasion. 
In the joined cases T-Mobile/Hutchison
303, the Court considered that  within the domain of 
mobile telecommunications services,  the allocation, by auction by the national regulatory 
authority responsible for spectrum assignment, of rights to use radio-frequencies in the 
electro-magnetic spectrum does not  constitute an 'economic activ ity' within the meaning of 
the VAT Directive. That activity does thus not  fall within the scope of that Directive. 
In the case Commission v. France304, the Court declared that the French Republic has failed to 
fulfil its obligation, within th e prescribed period, to adopt  the laws, regulations and 
administrative provisions necessary to comp ly with Council Directive 2003/96/EC of 27 
October 2003 restructuring the Community framew ork for the taxation of energy products and 
electricity. 
Finally some cases Commission v. Greece305 regard  the failure of the Hellenic Republic to 
fulfil obligations on the one hand on tax exempt ions within the Community for certain means 
of transport temporarily imported into one Memb er State from another and on the other hand 
on the correct determination of the taxa ble value on imported second-hand cars.  
                                                 
302 Judgment of 27.09.2007, case C-409/04 
303 Judgment of 26.06.2007, joined cases C-284/04 and C-369/04 
304 Judgment of 29.03.2007, case C-388/06 
305 Judgments of 07.06.2007 and 20.09.2007, cases C-156/04 and C-74/06 
 
EN 197   EN - Regarding the petitions treated in the area of indirect taxation,  the most recurrent issues 
concerned various aspects of taxation of cars.  
 
11.2.2  Changes underway 
Recently adopted measures requiring additional work 
• Directive 2008/7 of 12.02.2008 concerning indir ect taxes on the raising of capital (Recast 
version) – conformity assessment planned. 
• On 4 December 2007, the Council re ached political agreement on two draft Directives and 
a draft Regulation aimed at changing the ru les on VAT so as to ensure that VAT on 
services accrues to the country where consum ption occurs, and to pr event distortions of 
competition between Member States due to differences in VAT rates applied. 
The so-called "VAT package", formally  adopted by the Council on 12 February 2008, 
contains: 
1. a Directive on the place of supply of services (which wi ll be applied from 1 January 
2010, with further changes introduced as from 1 January 2011, 1 January 2013 and 
1 January 2015), including a mini one stop  shop for telecom, broadcasting and e-
commerce services (for which the application will be deferred until 1 January 2015); 
 
2. a Directive with a new procedure fo r VAT refunds to non-established EU 
businesses; 
3. a Regulation on the exchange of information between Member States which is 
necessary to underpin the new arrang ements for taxation of services. 
Most of these measures will as a genera l rule enter into force on 1 January 2010. 
To facilitate implementation of the various elements of the VAT package, DG TAXUD 
will, before the deadline for transposition, m eet with Member Stat es, both within the 
VAT Committee and in Fiscalis seminars, and discuss any outstanding issues. The 
objective would be to ensure uniform app lication and avoid misunderstandings on the 
part of Member States when implementing th ese two Directives. This should contribute 
to reduce the potential for infringement cases  once an assessment of the conformity of 
national legislations has taken pl ace which will be after 1 January 2010. 
 New measures requiring transposition work 
Regarding indirect taxation , in the short term
 a proposal amending th e VAT Directive and 
Council regulation 1798/2003 on administrative c ooperation in the fiel d of VAT has been 
adopted by the Commission306 with the aim of reducing the time frames for submitting the 
intra-community recapitulative statement to  1 month has been adopted by the Commission 
and is envisaged to enter into force on 1 January 2010. 
                                                 
306 COM(2008)147 of 17.03.2008 
 
EN 198   EN In the medium term , some further proposals are foreseen with a view of in troducing anti-fraud 
measures in order to enable EU tax administ rations to efficiently combat fraud. Amending 
proposals are in preparation regarding the VAT Directive 2006/112/EC, the Directives on 
mutual assistance and recovery of claims 77/799/EEC and 76/308/EEC a nd finally a revision 
is planned of Directive 92/ 12/EEC related to excise goods. 
Another package of legislative proposals for ex cise duties laid on manufactured tobacco are 
foreseen to modernise and ha rmonise tax systems for national administrations, business and 
final consumers. 
Finally, a review of the Ener gy Taxation Directive 2003/96/EC is  planned with the objective 
to create a fiscal framewor k in order to influence sound behaviour of consumers. The 
implementation of this new Community Law by the Member States will thus require extra 
attention related to the assessment of transposition and conformity of their national legislation. 
Volume of enquiries, complaints, infringeme nts work and petitions, and ad hoc prioritization 
For indirect taxation  issues, DG TAXUD opened 96 new in fringement cases 91 of which 
related to VAT,  2 related to excise duties and 3 regarding car, ener gy and environmental 
taxation. 
During 2007, 79 opened infringement cases were cl osed after Member States modified their 
legislation and therefore complied with Community  Law; most of the time we had to refer the 
case to the Court of Justice before compliance was achieved. 
Within the area of indirect taxation , both the enlargement and th e strategic objectives 
adopted by the Commission for the period 2 005-2009, were for another successive year 
reflected both in a considerable number of infrin gement cases and a cons iderable input related 
to new Court cases. During the year 2007, the Court of justice has delivered 36 judgments 
related to indirect ta xation, mostly judgments in conseque nce of a preliminary question in 
pursuance of which the Commi ssion has given its advice. 
Although the good figures for notification rega rding the transposition of the existing 
secondary Community Law, our existing pro-acti ve infringement policy and prioritisation of 
specific issues should be maintained and further developed as a strategy in order to persuade 
Member States to approve ongoi ng legislative proposals and mos tly to try to push back the 
increasing number of complaints year after year. 
The volume of petitions in the different s ectors falling within the competences of DG 
TAXUD is relatively moderate and stable ( 16 new petitions have be en introduced in 2007). 
11.2.3  Evaluation 
The situation in the area of indirect taxation  is changing as the infringement action and the 
number of references to the Court have increase d in recent years and this trend is likely to 
continue. The key challenges will be to manage this increase in activity with the available resources and to achieve correct application of  Community law in this area. The position will 
continue to need to be monitored.  
 
EN 199   EN A number of measures have alr eady been taken to try and impr ove the situation. This includes 
a more strategic approach to infringement acti on in this area by focusing on specific priorities 
and adopting a more horizontal approach to simi lar infringements in different Member States. 
Finally, it is welcomed that during 2007, 79 infr ingement cases have been closed because the 
Member States concerned decided to bring thei r legislation into conformity with Community 
Law. These figures reveal clea rly that the alignment of Member States' legislation with 
Community law is being achieved through th e work done by the Commission and Member 
States in the context of infringement proceedi ngs following the adoption of new directives. As 
stated in its 2007 Communication, th e Commission has started to wo rk with Member  States to 
try to ensure quicker results without recourse  to infringement proceedings always being 
necessary. 
 
11.3 Direct taxation 
11.3.1  Current position 
11.3.1.1  Existing measures in for ce (situation on 31/12/2007) 
For a list of the measures in force please refer to Annex I paragraph 3.3 
11.3.1.2  Work  in 2007  
- Regarding the petitions treated in the direct tax area, mo st petitions relate to possible 
infringements of Treaty freedoms and instan ces of double taxation due  to the simultaneous 
application of different Member State tax laws.  
- In the area of direct  taxation , the objectives adopted by the Commission for the period 2005 
and 2009, were reflected in an increasing numbe r of infringement cases (almost 30% more 
than in 2006) and increased input into new Court cases. 
As in previous years, the main  focus in 2007 within the area of direct taxation  was on 
breaches of Community law, in particular th ose concerning the application of the Treaty 
freedoms in respect of differential treatment of  domestic and cross-border situations. Recent 
ECJ case-law and in particular the judgment in Cadbury Schweppes307 prompted the 
Commission to adopt in December 2007 a Comm unication on the application of anti-abuse 
rules in the area of direct taxation308 inviting Member States to carry out a general review of 
their anti-abuse rules in the dir ect tax area, in the light of the principles flowing from relevant 
ECJ case law, and to explore possible c oordinated solutions in this field. 
In 2007 and compared with 2006, the Court of Ju stice delivered a marked increased number 
of judgments related to direct taxation. Most of the Court's judgments in this area (23) 
concerned references for preliminary rulings . The following cases were of particular 
relevance: 
                                                 
307 Judgment of 12.09.2006, case C-194/06 
308 COM(2007)785 of 10.12.2007 
 
EN 200   EN In Commission v. Denmark309  and Commission v. Belgium310 the Court confirme d the need to 
provide for tax deductibility of foreign insu rance premiums and cont ributions to foreign 
pension schemes respectively if such deduc tions are granted in domestic situations. 
In Oy AA311 the Court held that the Finnish gro up contribution system, which makes the 
deductibility of a group contribution subject to  the condition that the transferee parent 
company is a domestic and not a foreign comp any, poses a restrictio n on the freedom of 
establishment, but that such a restriction is ju stified by the need to prevent tax avoidance and 
safeguard the balanced allocation of ta xing powers between the Member States. 
In Amurta312 the Court held that a Du tch dividend withholding ta x exemption which applied 
to resident shareholders holding a qualifying shareholding in a resi dent subsidiary should also 
be extended to non-resident sh areholders with a si milar shareholding. The Netherlands could 
not rely on unilateral relief provided by the shar eholder's state of resi dence (Portugal) to 
neutralise its unfavourable trea tment of the shareholder. 
In Columbus Containers Services313 the Court ruled that German  provisions, which – contrary 
to the relevant tax treaty - pr ovide for a switch-over from th e exemption method to the credit 
method in respect of low-taxed passive income  of foreign permanent establishments, are 
compatible with EC law.  
 
11.3.2  Changes underway 
 Recently adopted measures requiring additional work 
There are no recently adopted measures in the direct tax area which require additional work. 
New measures requiring transposition work 
Regarding direct taxation , none are envisaged for 2008.  
Volume of enquiries, complaints, infringeme nts work and petitions, and ad hoc prioritization 
For direct taxation  issues, DG TAXUD opened 55 new infringement cases. 
During 2007, 37  opened infringement cases were closed after Member States modified their 
legislation and therefore co mplied with Community Law. 
In view of the unanimity re quirement in taxation, there is  limited secondary Community 
legislation in the direct tax area . As a result, the majority of e nquiries and complaints in this 
area (a total volume of 270 in 20 07) relate to the applicati on of the fundamental Treaty 
freedoms in respect of differential treatment of domestic and cross-border situations. They 
                                                 
309 Judgment of 15.01.2007, case C-150/04 
310 Judgment of 05.07.2007, case C-522/04 
311 Judgment of 18.07.2007, case C-231/05 
312 Judgment of 08.11.2007, case C-379/05 
313 Judgment of 06.12.2007, case C-298/05 
 
EN 201   EN therefore mainly fall into the second priority category of the Communication314 concerning 
'breaches of Community law, raising issues of principle or having particularly far-reaching 
negative impact for citizens, such  as those concerning the applica tion of Treaty principles (..)'. 
In 2007 the Court of Justice de livered 27 judgments related to direct taxation, a marked 
increase from 2006. 
Judging from the ever increasing number of enquiries, complaints and references for 
preliminary rulings in the direct tax area, the external interest in this area is substantial and growing. Given the lack of progress toward positive  integration, which is at  least partly due to 
the unanimity requirement in tax matters, this tre nd is likely to continue and intensify over the 
coming years. 
Priority is given to those cases which reveal  clear and serious infr ingements of Community 
law that prevent EU citizens and enterprises from making use of their rights to establish themselves or invest in other Member States. Mo reover, particular atten tion will be paid to 
those areas where the Commission sees scope for co-ordination of Member States' direct tax 
systems, as highlighted in the 2006 Communica tion on Co-ordinating Member States' direct 
tax systems in the Internal Market
315 and the subsequent specif ic communications on cross-
border losses, exit taxes and anti -abuse rules. In addition, work  on the current priority areas 
(including taxation of cross-bo rder dividend payments, cross-border pensions and R&D tax 
incentives) will continue. 
The volume of petitions in the different s ectors falling within the competences of DG 
TAXUD is relatively moderate and stable ( 16 new petitions have be en introduced in 2007). 
 11.3.3  Evaluation 
The situation in the area of direct taxation  is changing as the infringement action and the 
number of references to the Court have increase d in recent years and this trend is likely to 
continue. The key challenges will be to manage this increase in activity with the available resources and to achieve correct application of  Community law in this area. The position will 
continue to need to be monitored.  
A number of measures have alr eady been taken to try and impr ove the situation. This includes 
a more strategic approach to infringement acti on in this area by focusing on specific priorities 
and adopting a more horizontal approach to simi lar infringements in different Member States.  
Moreover, the Commission is encouraging Member States to take a more  pro-active approach 
to removing existing tax obstacles by examini ng the scope for co-ordination of Member 
States' direct tax systems. As outlined in the 2006 Communication on Co-ordinating Member States' direct tax systems in the Internal Market
316 , the aim of this initiat ive is to ensure that 
national tax systems comply with Community law and interact coherently  with each other. 
The initiative seeks to remove discrimina tion and double taxation for the benefit of 
                                                 
314 COM(2007)502 of 05.09.2007 
315 COM(2006)823 of 19.12.2006 
316 COM(2006)823 of 19.12.2006 
 
EN 202   EN individuals and business while pr eventing tax abuse and erosion of the tax base. Coordinated 
solutions could help to remove discrimination and eliminate remaining tax obstacles to cross-
border activity and thus help to reverse the trend of increased litigation by taxpayers in national courts and the ECJ. The discussions wi th Member States have been encouraging so 
far and the Commission should be able to identify whether real progress has been made by 
early 2009.  
Finally, it is welcomed that during 2007, 37 infr ingement cases have been closed because the 
Member States concerned decided to bring thei r legislation into conformity with Community 
Law. These figures reveal clea rly that the alignment of Member States' legislation with 
Community law is being achieved through th e work done by the Commission and Member 
States in the context of infringement proceedi ngs following the adoption of new directives. As 
stated in its 2007 Communication, th e Commission has started to wo rk with Member  States to 
try to ensure quicker results without recourse  to infringement pro ceedings always being 
necessary. 
 
12 EDUCATION
 AND  CULTURE 
12.1 Education 
In 2007: two infringement cases concerned the introduction of quotas for the access of EU 
students to higher education by two Member Stat es which are faced with  a influx of high 
numbers of students from other Member States. The introduction of quotas restricts the access 
of such students to the hi gher education systems of the Member States concerned. It 
introduces differential treatment to the detriment of EU students other than the nationals. The differential treatment in question,  according to ECJ case law, could be justified only if it were 
based on objective considerations independent of the nationality of the persons concerned and were proportionate to the legitimate aim of the national provisions. Following the 
Commission decision in November 2007 to suspe nd the cases, the two Member States will 
provide the Commission, over the next few years, with eviden ce to support thei r contention 
that their measures are ju stified and proportionate.  
In the area of academic recognition of qualifica tions, a significant development took place in 
a case concerning excessive sums required by  Portugal for the recognition of foreign 
diplomas. As a result of the reasoned opinion of the Commission, notified in April 2007, the Portuguese administration announced to be r eady to follow the Comm ission's position and 
consequently to reduce by 50% the amount requi red for the recognitio n of a study diploma 
obtained in another Member State.  Contacts were started in orde r to give concrete expression 
to this declaration and to close the file. Th e imposition of excessive sums for the academic 
recognition of foreign diplomas hinders trans-na tional mobility of students and is, therefore, 
incompatible with the Treaty principles. 
In 2007 EAC examined a number of complaints c oncerning several Member  States related to 
the transport tariffs applied to students. The question is whether reductions of transport tariffs 
are social advantages which are covered by the pr inciple of equal treatment for the benefit of 
EU students who pursue studies in the host Member  State, in the same way as they apply to 
migrant workers and their families. These complaints are currently at the stage of investigation. 
 
EN 203   EN  
12.2 Sport 
In the area of amateur sport, the Commission's action ended successfully in the case 
concerning the practice of amateur football co mpetitions in Spain. The Spanish Parliament 
adopted in July 2007 the law against violence,  racism, xenophobia and intolerance in sport, 
which requires that all sports federations remove from their regulations any provisions that 
would lead to discrimination on grounds of nationality. The in fringement case was therefore 
closed in September 2007 and this outcome wa s reported to the European Parliament's 
Petitions Committee in December 2007. 
 
13 HEALTH  AND  CONSUMER  PROTECTION 
 
13.1  Introduction 
The policies and laws for which DG SANCO is responsible touch the daily lives of most 
European citizens. DG SANCO ensures that our ac quis is applied and enforced in a way that 
benefits citizens, empowers consumers and makes th e benefits of the intern al market a reality.  
DG SANCO (Health and Consumers) is responsibl e for three policy areas - consumer affairs, 
public health, and food and feed safety that includes veterinary and phytosanitory matters.  
Annex I paragraph 4 provides a comprehensive listing of the legislative acquis for each key 
policy area.  
For each of these three policy areas, a description of work done in 2007 is provided to show 
how DG SANCO promotes the correct application of  its acquis. This part also describes how 
DG SANCO has evaluated its acquis  in key policy areas to ensure  coherence and stability in 
achieving the policy goals. It also describe d how DG SANCO proposes to improve the 
situation in the future through a new strate gic approach conceived during 2007 and largely 
being implemented in 2008.  
13.2 Public Health 
13.2.1  Current position 
The EU has a small but important body of public health legislation covering matters such as 
the safety and quality of blood, blood derivates,  human tissues and human cells used in 
medical treatments. It also includes laws rest ricting tobacco advertis ing and regulating other 
aspects of how cigarettes are manuf actured and placed on the market.  
13.2.1.1  Work Done in 2007 
Tobacco Control  
 
EN 204   EN Directive 2001/37/EC contains provisions concerning the manuf acture, presentation and sale 
of tobacco products. It is an effective tool for tobacco control in this area. The functioning of 
the Directive appears stable as the Commission has received one complaint justifying the launching of an infringement case. In the framework of that infri ngement, the Commission 
decided on 23 October 2007 to refer Finland to the Court of Justic e for failure to comply with 
the judgment of the Court in case C- 343/05. S ubsequently, the Court of Justice condemned 
Finland for allowing the Åland Islands not to tr anspose the obligation to  prohibit the placing 
on the market of oral tobacco as provided for in Article 8 of Directiv e 2001/37/EC. In reaction 
to that decision, Finland took the necessary measures to comply.  
Directive 2003/33/EC regulates tobacco adve rtising and sponsorship with cross-border 
implications in the media other than tele vision. On 12 December 2006 the Court of Justice 
confirmed the validity of the Di rective. The Court held that  the conditions warranting the 
choice of Article 95 of the EC Treaty as the lega l basis were met thus creating legal certainty 
as to the legal basis of the policy t ool as an internal market measure. 
The deadline for bringing into force the laws , regulations and admini strative provisions to 
comply with the Directive was 31 July 2005. A lthough most Member States met this deadline 
around 12 Member States did not transpose th e Directive in time and the Commission was 
obliged to open infringement proceedings ag ainst them. The Member States in question 
subsequently communicated their transposing me asures and the Commission was able to close 
these cases.  
Subsequent scrutiny of the transposition measures  revealed that a few Member States (Spain, 
Hungary, Italy and the Czech Republic) orig inally introduced exemptions from the 
sponsorship ban for certain big events of great  economic interest (such as Formula One and 
motor cycle GP). The Commission therefore la unched as a matter of urgency infringement 
cases against all four Member States. As a result, all the Member States concerned rapidly changed their legislation and the Commission wa s able to close all the infringement cases 
during the course of 2007. On the basis of the information available to the Commission, it can 
be concluded that the laws to transpose the Di rective are in place and the legislation is now 
stable achieving implementation of the policy goals.  
Blood and tissues
 
The Community's legislative framework (Directives 2002/98/EC, 2004/33/EC, 2005/61/EC 
and 2005/62/EC) addresses the quality, safety and efficacy requirements related to blood and 
blood component donations whether they are fo r transfusion, the starting material for 
manufacturing plasma-derived medicinal products or  as essentials in some in vitro diagnostic 
medical devices. It puts in place requirements for the collection, testi ng, processing, storage, 
and distribution of human blood and blood component s, quality and safety standards, as well 
as traceability procedures. 
During the third meeting of competent author ities (foreseen by Directive 2002/98/EC) that 
was convened by the Commission on 18 October 2007, Member States were briefed on the 
latest status of transposition of the Blood Directive. The Commission urged Member States 
that were late in communicating their tran sposing measures for directives 2002/98, 2004/33, 
2005/61 and 2005/62 without further delay as infri ngement procedures were being processed 
against them.  
 
EN 205   EN One Member State did not coop erate in the process of tr ansposing the Blood Directive 
2004/33/EC. On 8 November 2007 the Court, in its  judgment in case C-60/07, declared that 
the Czech Republic has failed to fulfil its obliga tions to transpose the directive. During the 
period of 2007 the Czech Republic  continued to show consiste nt unwillingness to transpose 
this Directive triggering extensive consultations  with the Member State for resolution of the 
problem.  
The Commission sent on 29 June 2007 reasoned opinions to the Member states that did not 
communicate transposition measures for Di rectives 2005/61/EC and 2005/62/EC. Greece and 
the Czech Republic have failed to comply with  the reasoned opinion issued against them. DG 
SANCO intends to refer both Member States to the Court of Justice in the near future.  
On the use of tissues and cells the Comm ission legislation (Directives 2004/23/EC, 
2006/17/EC and 2006/86/EC) contains  a regulatory framework that  puts in place both quality 
and safety standards. 
The Commission organised on 8 February 2007 a fi rst meeting with the competent authorities 
of the Member State in order to discuss the progress and the difficulties encountered in the 
transposition of Directives  2004/23/EC, 2006/17/EC and 2006/86/EC. During this meeting 
many Member States indicated that institutiona l re-organisation would be necessary to fully 
enforce these directives and that such effo rts would begin during the notification period. 
On 20 April 2007 the Commission launched 19 le tters of formal notice for Directive 2004/23 
and on the same day the Commissi on also launched a further 21 letters of formal notice in 
respect of Directive 2006/86. Although the acquis has not achieved stability in this area 
through timely transposition we have not received any complaints or petitions in this area. 
The reasons for non-communication by Member Stat es of their transposing measures remain 
somewhat vague during the notification period. The Commission will continue to exert pressure on competent authorities to transpose these di rectives in a timely and orderly fashion. 
• Stability of the public health acquis and program 
All nine public health directives had deadlines  requiring Member States to communicate their 
transposition measure before the 31 Decem ber 2007. During 2007 the Commission has been 
encouraging Member States to notify their tr anspositions through meetings with competent 
authorities where progress up- dates have been requested. 
As regards the quality of the transpositi on, DG SANCO is reviewing national laws 
systematically with the aid of external support. Also, in order to assist in practical ways DG 
SANCO has also organised regular exchanges of  best practice amongst Member States from 
the adoption of new legislation onwards. Partly as  a result of this latter  initiative there are 
currently no infringement cases relating to no n-conformity or incorr ect application of the 
above mentioned nine public heal th directives at this time. Ho wever this does not exclude the 
possibility that infringement cases may need to be opened in future as transposition advances 
and is finalised. 
The overall assessment is that th e application of the acq uis in this sector is encountering some 
difficulties in relation to legislation concerni ng tissues and cells, which may correspond to a 
certain lack of maturity in this policy sector within some Member States. That is why the exchange of best practice between Member States  at different levels of policy development is 
 
EN 206   EN a key driver for completing good transpositio n, and thereafter good application of the 
legislation. 
The Public Health Programme underwent an ex ternal evaluation during the course of 2006. 
This evaluation was foreseen in the Decisi on No 1786/2002/EC of the European Parliament 
and of the Council of 23 Sept ember 2002.  The purpose of the evaluation was to obtain 
independent, evidence based information on th e implementation and achievement of the 
programme during its first th ree years (2003 - 2005). Accordi ng to the findings of the 
evaluation, the overall pict ure is of a Programme that has pull ed together a mo re disparate set 
of activities and established a recognised position for public h ealth at the European level. 
 
13.3 Consumer Affairs 
13.3.1  Current position 
13.3.1.1  Work done in 2007 
Infringements proceedings  
The deadline for transposition of Directive 2005/29/ EC of the European Parliament and of the 
Council concerning unfair business-to-consumer co mmercial practices in the internal market 
expired on 12 June 2007. Twenty-two Member States  failed to notify transposition measures 
to the Commission by that date and as a result letters of formal notice were sent to each of 
those Member States. Subsequent ly, six Member States notified transposition measures before 
the end of 2007. 
Furthermore, in the area of consumer related infringements,  the Commission sent a reasoned 
opinion to Italy for having limited in time the possi bility to obtain, in th e event of insolvency 
of travel organization, the ref und of payments made. Italy re sponded that it will amend its 
legislation in 2008 in order to achieve full complianc e with Directive 90 /314/EEC on package 
travel, package holidays or package tours. Ho wever, overall the Directive appears to be 
operating well as few other problems were brou ght to the attention of the Commission during 
2007, with only one complaint being registered during that year. 
Legislative proposals  
Considerable work was carried out during 2007 on the Review of the Consumer acquis 
through a thorough evaluation. In February 200 7, the Commission adopted the Green Paper 
on the Review of the Consumer Acquis. This Green Paper concluded the diagnostic phase of 
the review, summing up the Comm ission’s initial findings and in itiating a public consultation. 
It identified a number of probl ems with the current legislati on in the area of consumer 
protection and presents the main  options for a reform as we ll as a number of specific 
questions. With this Green Paper, the Commissi on called on all interested parties to express 
their views on the issues identified in the cont ext of the Review of the Consumer Acquis. The 
consultation period lasted until 15 May 2007.  
Directive 94/47/EC of the European Parl iament and the Council on the protection of 
purchasers in respect of certain as pects of contracts relating to th e purchase of the right to use 
immovable properties on a timeshare basis was adopted in 1994. However, since the adoption 
 
EN 207   EN of the Directive new products and contracts ha ve been developed, which are not covered by 
the legislation. These new products include those which can be called "timeshare-like 
products" as well as the so -called "holiday disco unt clubs". Resale and exchange of timeshare 
schemes are not covered either by the existing legislation. Some of the new products and 
some transactions related to timeshare, in particular resale, cause large detriment to 
consumers, as witnessed by a significant numbe r of complaints, and unfair competition to 
honest traders, since they are not covered by the Directive.  
Recognising the problems that timeshare consum ers are facing, and carry ing on its work from 
2006, the Commission adopted a proposal for a new directive on 7 June 2007. The proposal 
aims at closing these regulatory  gaps, by replacing the Timeshare Directive with a set of clear, 
modern and simplified rules. It is hoped that the new rules will enhance consumer protection 
by extending the scope of the current rules to  also include the new products which have 
emerged in the market, such as holiday clubs. Resale and exchange will also be covered. The new rules should ensure that consumers are equally well protected across the EU and will create a level playing field in the market fo r timeshare and other holiday-related products. 
Transposition checks
 
During 2007, DG SANCO has also been active in pursuing compliance checks for several 
consumer related directives. It has verified the transpositions  by the new Member States (EU-
10) of Directive 93/13/EC on unf air consumer contracts. Vary ing degrees of transposition 
problems were identified in nine of those Memb er States and pre-infri ngement letters sent. 
Furthermore, the Commission registered nine co mplaints regarding the implementation of this 
Directive by the Member States. The Unfair Cont ract Terms Directive is one of 8 directives 
being analysed during 2007 in the context of the Review of the consumer acquis. 
Checks were also carried out on the transpos itions by all Member States of Directive  
2002/65/EC of the European Parliament and of  the Council concerning the distance marketing 
of consumer financial services  and Directive 98/27/EC of the Eu ropean Parliament and of the 
Council on injunctions on the protec tion of consumers' interests.  With regards to Directive 
2002/65/EC a number of potential transpos ition problems were identified and pre-
infringement letters were sent to nine Member  States. However, with regards to those two 
Directives no complaints were registered  by the Commission during 2007 as a result of 
citizens' complaints regarding their implementation. 
Further such work on the transposition of th e abovementioned consumer Directives and 
follow up to some of the problems identified in  2007 is planned to be continued in 2008. 
In 2007, the Commission addressed a Communicat ion to the Council and the European 
Parliament on the implementation of Directive 1999/44/EC on certain aspects of the sale of 
consumer goods and associated guarantees in cluding analysis of the case for introducing 
direct producers’ liability. The Communication, which also is a part of the review of the 
acquis, concluded that the trans position of the Directive in the Member States raises a number 
of problems. Many of these may be due to regula tory gaps in the Directive, but others can 
already at this stage be considered as in correct transposition of the Directive. The 
transposition checks have revealed significant divergences between national laws as a result 
of the use of the minimum clause and the various regulatory op tions provided by the 
Directive. It is unclear at present to what  extent these divergen ces affect the proper 
functioning of the Internal Market and consum er confidence. However, requests for further 
 
EN 208   EN information were sent to the majority of the Member States c oncerning their national 
transpositions at the end of 2007. 
Scams of Directory Companies  
In 2007 the Commission responded to 37 lett ers from businesses and MEPs, 2 written 
questions and 4 Parliamentary petitions on the problems created by certain directory 
companies. Since this problem concerns busi ness-to-business relationships much of the 
European Union consumer protection legisla tion does not apply. An exception is Directive 
2006/114/EC of the European Parliament and of the Council concerning misleading and 
comparative advertising. Correspondents were en couraged to attempt to resolve the issue 
through the competent national authorities who are responsible for enforcement of that 
Directive. However, at the end of 2007 Comm issioner Kuneva wrote to several Member 
States to raise awareness of the complaints received so far and request information on how 
national authorities are addres sing such issues. In the Comm ission's opinion, however, this 
issue has not indicated any need to amend the Directive or extend othe r consumer protection 
legislation to cover business-to-business scenarios.  
EU-Sweeps  
In 2007, the first EU "Sweep" was carried out. It is new kind of enforcement action which 
involves a systematic check carried out simult aneously and in a co-o rdinated fashion in 
different Member States to investigat e breaches of consumer protection law. 
The first such investigation concerned 15 Me mber States and involved an analysis of 
misleading advertising and unfair practices  on airline ticket selling websites. The 
investigation was launched and co-ordinated  by the Commission under the Consumer Co-
operation Regulation. The results of the investigation, which scrutinised over 400 websites, 
revealed that over 50% of all we bsites contained irregularities, in  particular relating to price 
indications, contract terms and clarity of  proposed conditions. Following the sweeps, 
companies were contacted by th e national authorities and asked, where necessary, to change 
or correct their practices. 
Training  
Preventing infringements through a better unders tanding of the consumer acquis has been 
undertaken by DG SANCO within 2007. DG SANCO has set up a series of training courses 
designed to help bui ld the capacity of European consumer organisations . 
Consumer Protection Cooperation  
Regulation (EC) No 2006/2004 of the European Pa rliament and of the Council on cooperation 
between national authorities responsible for the enforcement of consumer protection laws (the 
Regulation on consumer protecti on cooperation) ensures adequate  protection for consumers in 
cross-border situations. National public enforcement authorities are linked together in an EU-
wide Enforcement Network which has been given the means to exchange information and to work together to stop rogue trad ers or any other cross-border br eaches to consumer laws. It 
tackles breaches in a variety of areas such as misleading advertising, package holidays, 
timeshares and distance selling.  
 
EN 209   EN All the authorities in the Network have simila r investigation and enforcement powers which 
include the possibility of carryi ng out on-site inspections. Each one of them is able to call on 
any other member in the netw ork for assistance in their investigations and enforcement 
actions. Simultaneous investigat ions and common enforcement actions, such as internet 
sweeps, can be coordina ted through the Network.  
The Regulation provides a wider framework fo r general administrative cooperation between 
Member States and the Commission. It sets out  supporting measures to foster expertise and 
cooperation between enforcement authorities. Th is includes, for instance, the setting up in 
2007 of a scheme for the exchange of enforc ement officials and of common projects to 
strengthen the ability of author ities to work together on subjects of EU-wide relevance.  
The Enforcement Network started its operations  at the end of 2006 and was officially 
launched on 28 February 2007. A first assessment of  the start up of this network however is 
not entirely positive. Of the 256 requests fo r action created in 2007, only 95 were closed by 
the relevant national authorities in the same y ear. The backlog is still growing and the average 
time taken to handle a case is increasing. The pr essure on this network is likely to increase 
still further as a result of EU wide initiatives such as "sweeps" for airline tickets, designed to make evident irregularities that ought to be tackled by Member States in co-operation with 
each other and with the Commission. 
DG SANCO intends to raise at the political level the need for Member States to give adequate 
priority and resources to the management of thes e issues. It may also be necessary to consider 
launching infringement proceedings in the comi ng years, if there are persistent patterns of 
non-compliance by certain Member States with the obligations imposed by this Regulation. 
Alongside this action, DG SANCO is developing a capacity to monitor markets - "market 
watch" - to identify situations meriting further and deeper exam ination, eventually leading to 
legal proceedings. It is also developing regu latory co-operation with other enforcement 
agencies, particularly in the US and China. 
RAPEX
 
Directive 2001/95/EC on general product safety  (GPSD) provides the legal framework for 
RAPEX. The RAPEX system is used to exchange information on dangerous non-food 
consumer products, including those covered by “s ectoral” Directives (e.g. toys, cosmetics, 
electrical appliances, personal protective equi pment, machinery and motor vehicles). The 
RAPEX system sets up a rapid exchange of in formation on dangerous products in order to 
protect the health and safety of consumers. 
The number of dangerous products remove d from the EU market rose by 53% in 2007 
compared to in 2006. The assumption should not be made that an increase of the number of 
notifications transmitted through the RAPEX sy stem reflects somehow on more dangerous 
goods being brought onto the European market. It is  precisely because the market surveillance 
system works effectively that we  are able to follow carefully the trends. In fact, the steady 
growth in RAPEX alerts can be attributed to  more effective product safety enforcement by 
national authorities, greater awareness amongst businesses of their obligations, enhanced 
cooperation with third countries, and netw ork-building actions coordinated by the 
Commission.  
 
EN 210   EN Toys were by far the most notified product catego ry in 2007, confirming that child safety is a 
top-ranking priority for market  surveillance authorities, a lthough motor vehicles, electrical 
goods and cosmetics also featured prominently in the RAPEX system. 
Once again, China was the countr y of origin for more than ha lf of all risky products found 
(700 notifications). This can be partly explained by th e high number of pr oducts imported into 
the EU from China (for example 80% of all toys) and the intensified focus of market 
surveillance authorities on Chinese products foll owing the "summer of recalls". Cooperation 
with China on product safety has also shown positive trends and considerable efforts have been made by the Chinese and EU authorities to  improve the safety of EU products reaching 
the EU market. The increase can also be at tributed to the fact that the number of unknown 
origin notifications fell in 2007 and it is likely that certain products which had been identified 
as being of unknown origin before were iden tified in 2007 as being of Chinese origin. 
The European Consumer Centres Network (ECC-Net)
 
In 2007, the European Consumer Centres Ne twork (ECC-Net) helped more than 55.000 
consumers with information a nd advice on cross-bor der shopping, both in person and online, 
ensuring that they are aware of their rights,  and providing support in handling complaints. 
This is an increase of 5000 contacts since 200 6. In 2007, most compla ints tackled by the 
ECCs concerned contract terms (25%), product and service (22,4%), and delivery (20%). The 
sectors mostly concerned were air transport and car rentals, internet scams and fake lotteries, 
and non delivery of audiovisual products. More than half of complain ts concerned on-line 
transactions (55%). 
Apart from information to consumers on both EU  and national rules as well as advice to 
individuals facing consumer related cross-border  problems, they have also helped consumers 
to reach agreements on complaints with tr aders using out-of-court dispute resolution 
mechanisms. Contacts are increasing yearly – 19% in 2006 and a furt her 10% in 2007. With 
the help of latest technology in the form of a new database launched in January 2007, co-
operation between centres will be even more efficient in the future. The ECCs also provide valuable input for the European Commission on significant consumer policy issues. 
Apart from handling information requests and complaints, ECCs have been running joint 
projects, such as a review on complaints regard ing air passenger rights (p roject carried out by 
ECC Belgium, Ireland and Sweden), "Howard"  the on-line shopping assistant (ECC Denmark 
and Ireland), an information campaign with leaf lets on tourism (fifteen Centers including 
ECC Spain, Germany, Cyprus and France as co-coor dinators). They were key organizers of 
other awareness-raising initiatives such as th e campaign on the EU Timeshare Directive, the 
"You choose!" campaign on the opening of nationa l energy markets, the new "Eurotariff" 
GSM roaming legislation, and other information actions. 
Stability of the consumer acquis and strateg
y 
On 13 March 2007 the Commission adopted a Consumer Policy Strategy for 2007-2013. The 
strategy sets out the challenges, role, priorities and actions of  EU consumer policy for this 
period. The overall objectives of  the Strategy are to empower consumers, to enhance their 
welfare and to protect them effectively. The Commission's vision is  to achieve by 2013 a 
single, simple set of rules for the bene fit of consumers and retailers alike. 
 
EN 211   EN 13.4 Food & Feed Safety 
13.4.1  Current position 
A review of the way SANCO applies the f ood safety acquis was conducted during 2007. The 
decision-making process has been improved to better coordinate a nd structure safeguard 
measures in relation to imminent risks to public health. There has also been a concerted effort 
to modernise and rationalise European legisla tion governing the marketing of seeds and plant 
propagating material. 
The effective enforcement of food safety le gislation is primarily dependent on control 
activities carried  out by Member States competent au thorities. Regulation (EC) 882/2004 on 
official controls establishes th e parameters of how Member Stat es are to monitor and verify 
that the relevant requirements of  food and feed law, of animal and plant health and of animal 
welfare are fulfilled by business operators at all stages of production, processing and 
distribution.  
13.4.1.1  Work done in 2007 
In three cases the Commission decided to pur sue infringement proceedings against Greece 
because that Member State persistently fails to  comply with a range of important components 
of Community food safety legislation.  
The Food and Veterinary Office (FVO) missi ons have been highlighting since 1998 
fundamental systemic shortcomings in the perf ormance of the Greek authorities’ official 
controls in the area of food sa fety, animal health and animal welfare. These shortcomings are 
partly attributable to the scarcity of human resources in the Greek ve terinary services and 
partly to a failure to ensure that decentralised authorities comply with central instructions. As 
the Commission concluded that the results of the efforts made by the Greek authorities to 
solve these problems were unsa tisfactory, the Commission referre d the case to the Court.  
In September 2005, the FVO unravelled further ev idence of systemic deficiencies in the 
management of animal by-products. The Comm ission decided to send a reasoned opinion for 
these shortcomings and consider how to consol idate a prior infringement case with these new 
elements for joint referral to th e Court of Justic e within 2008.   
Also following inspections of the FVO, the Community referred Greece to the Court of 
Justice for failure to apply in a satisfactory way the Community legislation relating to the 
protection of animals during tran sport and in slaughterhouses.  
Poland prohibits the inclusion of genetically modified varieties of seeds in the national 
catalogue of seed varieties and th e placing on the market of those varieties. It also prohibits 
the placing on the market of f eed containing genetically modifi ed organisms. As Poland did 
not provide an acceptable ju stification for this major deviation from the Community 
legislation applicable to seed and feed, reasoned opinions were sent to that Member State for 
both cases. 
Germany imposes, in addition to the fees es tablished by the Community for veterinary 
inspections and controls, a fee for bacteriological tests. As case law has established that such 
additional fees are not lawful, the Commission decided to refer this case to the Court of 
Justice. 
 
EN 212   EN The Commission does not accept that Member Stat es create trade barriers by invoking safety 
issues that have already been addressed by th e Community in a uniform and evidence-based 
approach. The Commission considers that as th e Community legislation sufficiently addresses 
the problem of avian influenza, Italy is not entitled to impose additional measures by making 
it compulsory to indicate the origin of the product on the labelling of poultry. Therefore, the 
Commission addressed a reasoned op inion to that Member State. 
• Avian Influenza 
Following a comprehensive evaluation of EU legi slation on avian influenza, this has now 
been updated to respond to the challenges that  Europe faces today. A new Council Directive 
on avian influenza was adopted by the Member  States in the Counc il in December 2005 and 
aims at better prevention and control of outbreaks. It takes into account the most recent scientific knowledge on avian influenza and repeals the old Directive (92/40/EC) . The new 
legislation has entered into force, but Member States are obliged to implement it only as of 1 
July 2007. All Member States have transposed th e Directive into their national systems, with 
the exception of Italy. A letter of formal notice was prepared and transmitted to Italy within 2007 and the infringement process will c ontinue until compliance is achieved.  
The Commission has not received any complaints  about inadequate transposition of the new 
legislation the key element of wh ich is the ability of a Member State to adequately respond to 
an outbreak through a contingency plan. 
• Bluetongue 
Climate change has increased the risk of bluetongue, a vector borne disease, spreading from 
south to north in Europe. Council Directive 20 00/75/EC was evaluated to see whether there 
was a need for detailed implementing measures and control rules and m easures to combat the 
spread of bluetongue within the Community. It  was found that demarca tion of protection and 
surveillance zones should take into account geographical, administ rative, ecological and 
epizootiological factors connect ed with control arrangements regarding bluetongue. It was 
deemed necessary, in particular, to lay dow n rules as regards the minimum harmonised 
requirements for monitoring and surveillance of  bluetongue in the Community and on the 
exemptions for the exit ban provi ded for in directive 2000/75/EC.  
As a result, Commission Regul ation (EC) No 1266/2007 of 26 October 2007 on implementing 
rules for Council Directive 2000/75/EC was adopted to address these issues. Recent experience has shown that  under certain cond itions the effectiveness of the measures provided 
for in Regulation (EC) No 1266/ 2007 to ensure the protection of  animals against attacks by 
vectors might be undermined by a combination of factors, including th e new vector species, 
new route of transmission of the disease, climate conditions and the type of husbandry of the susceptible ruminants.  
In view of those circumstances and pending th eir further scientific assessment Commission 
Regulation (EC) No 394/2008 lays down some tr ansitional measures. These new rules provide 
that animals that are moved fr om restricted zones into bl uetongue-free areas are either 
vaccinated or shown to be naturally immunised.  
 
EN 213   EN The acquis in this area is stabilising and we ha ve not received any co mplaints, inquiries or 
petition that would lead the Commission to be lieve that control measures to combat 
bluetongue were inadequa te or disproportionate. 
• Labelling 
In the EU, there are many rules affecting labels, and there is much debate about the proper use 
of labels and the best parameters for labelli ng. A number of aspects of  labelling legislation 
were reviewed in 2006-2007 in order to identify a coherent overall approach to labelling.  
A crucial change envisaged in this area is the shift towards a system of  directly enforceable 
Community rules to replace Directive 2000/13. In 2008 a proposal for a Regulation on Food 
information was adopted by the Commission to make  food labels clearer a nd more relevant to 
the needs of EU consumers. The aim of the dr aft Regulation is to modernise and improve EU 
food labelling rules, so that consumers have , in a legible and unde rstandable manner, the 
essential information they need to make inform ed choices. The draft Regulation also provides 
that most processed food will have to display key nutritional informati on on the front of the 
package. General requirements on how nutrition information should be displayed on food labels are also set out, although there is room  for Member States to promote additional 
national schemes provided they do not undermine the EU rules.  
For public health reasons, the draft Regulation extends the curre nt requirements for allergen 
labelling to cover non pre-packed food, including food sold in restaurant s and other catering 
establishments.  
Industry should also benefit from  the proposed new rules, as they set up a clearer, more 
harmonised legislative framework for food labe lling and create a level playing field for all 
operators. The draft Regulation was drawn up following extensive consultations with 
consumer organisations, indus try and other stakeholders. 
With respect to labelling of feed, the Comm ission has adopted a proposal for a Regulation 
which considerably simplifies the existing proce dures for labelling and marketing animal feed 
and pet food, while making the overall system mo re efficient and maintaining the same high 
level of protection of animal healt h, animal welfare and public health.  
Industry should also benefit from  the proposed new rules, as they set up a clearer, more 
harmonised legislative framework for food labe lling and create a level playing field for all 
operators. The draft Regulation was drawn up during the course of 2007 following extensive 
consultations with consumer organisa tions, industry and ot her stakeholders 
• Health & Nutritional Claims 
As consumers have become increasingly concerne d about what they eat and how this affects 
their health, the food industry has responded by  providing more detailed nutrition labelling 
and often making claims about th e beneficial effects of certain  foods. The previous EU rules 
on labelling and nutrition labelling that did no t define conditions for the use of nutrition 
claims and did not permit health claims to be  made. As a result, many consumers were often 
misled by claims that had not  been properly substantiated. 
Regulation (EC) N° 1924/2006 of the European Parliament and of the Council on nutrition 
and health claims made on foods was adopted to resolve the situation. This Regulation aims at 
 
EN 214   EN laying down harmonised rules for the use of nutri tion and health claims and contributes to a 
high level of consumer protection.  
It ensures that any claim made on a food label in the EU is clea r, accurate and substantiated, 
enabling consumers to make informed and mean ingful choices. The Regulation also aims to 
ensure fair competition and promote and pr otect innovation in the food sector area. 
To promote better application of this ne w Regulation, DG SANCO has set up a Working 
Group with experts from Member States in order to examine a series of issues concerning the 
implementation of this Regulation. 
The Standing Committee on the Food Chain a nd Animal Health has approved a guidance 
document on the implementation of this Regul ation at its meeting on the 14 December 2007. 
This guidance documents seeks to assist interested stakeholders  to better understand and to 
apply correctly and in a uni form way the new Regulation. 
• Animal Health Strategy 
In the area of animal health, one  of the key elements of the efforts to rationalise the acquis in 
this domain involves an extensive evaluation and a large stakeholde r consultation of all 
animal health legislation. 
The existing legislation on animal health cove rs many different policy areas: intra-community 
trade, imports, animal disease control, animal nutrition and animal welfare. This series of 
linked and interrelated policy actions will be re placed by a single regulatory framework that is 
as aligned as possible with intern ational standards and guidelines.  
The aim is to have simpler, more modern and more relevant animal health rules, which are 
flexible enough to be adapted to new situations  as they arise. It would also significantly 
reduce the number of SANCO dir ectives converting most of them into detailed regulations 
that would have direct effect in Member St ates and would not need resources to check 
conformity with directives. 
The Commission considered it im perative to re-think our an imal health strategy given 
enlargement, new challenges resulting from the emergence of new diseases, climate change, changes in trade and new developments in science, including t echnological advances. 
• GMO Food and Feed 
In 2007, the legal framework for the authorisatio n of genetically modified food and feed was 
carefully applied to achieve the required  high safety standards for consumers. 
In total nine applications for authorisati ons were submitted to the relevant regulatory 
committee. However, a qualified majority wa s never achieved, neither in the regulatory 
committee nor in the Council. As a consequence, the proposals were processed through the whole comitology procedure with the adoption by  the Commission at the end. In addition, the 
Commission took measures in relation to five GM products, which are no longer on the 
market allowing a proper phasing out of the products in the following years. 
 
EN 215   EN In order to increase the support from Member St ates in the authorisa tion process, DG SANCO 
started work in 2007 to establish a legal fram ework for the EFSA risk assessment to be 
endorsed by MS, aiming at an improved conf idence in the risk assessment process. 
Moreover, 7 Decisions on the confidentiality st atus of GM application dossiers have been 
assessed in 2007 (notified early 2008 to the app licant). Furthermore, given that no Decision-
making procedures were set for confidentiality , DG SANCO started in collaboration with 
EFSA a reflection on the possibility to estab lish a common code of goo d practices aiming at 
harmonising the procedures and policies as regards confidentiality and public access to GM application dossiers.  
As regards Community emergency measures against the placing on th e EU market of non 
authorised GMOs, 2 different actions were und ergone :1/ the emergency measure in relation 
to adventitious presence of the non authorised  GM event Bt10 in US maize products was 
withdrawn in 2007 when it became clear that there were no risk of further contamination of 
the maize products exported to the EU; 2/ the emergency measure taken in 2006 in relation to 
the adventitious presence of GM LL RICE 601 in US long grain rice was closely monitored 
and reviewed in 2007. Following implementation of preventive measures in the US and the publication of an official inves tigation report, intensive discussi ons with US authorities took 
place which resulted in a protoc ol on sampling and testing.   
As regards safeguard clauses applied by Member  States against the placing on the market of 
authorised GMOs, Greece extended in 2007 for anot her 24 months its national prohibition to 
place on the market varieties derived from ge netically modified maize MON 810 and new 
scientific elements were provided. These elements were sent by the Commission to the European Food Safety Authorities for assessment.  
As regards the monitoring by the Commission of the implementation of the legislation on GM 
food and feed in the MS, the Food and Veterinary Office (FVO)  of DG SANCO carried out in 
2007 inspection missions to Greece, Austria, the Netherlands and to Brazil. Inspection 
missions to Member States formed part of a series, the purpose of  which is an ongoing 
evaluation of Member State official control systems c oncerning implementation of 
Regulations 1829/2003 and 1830/2003. In  general, implementation of Community legislation 
in the area of GMOs in the Me mber States inspected was found to be satisfactory with some 
minor issues around laboratory accreditation. The mission to Braz il (a major supplier of soya 
and derivatives) was to evaluate the system of export of these products to the EU.  The 
mission report underlines that Brazil controls of  products to the EU are industry based, and 
the findings indicated that 'identity preserved' programs worked well. In addition, to the inspection work of the FVO, the Commission d ecided to continue infr ingement procedures 
against Poland which adopted laws against the placing on the Polish market of authorised GM 
seeds and GM feed. 
Finally, in November 2006, the WTO Dispute Settlement Body adopted the Panel report on 
GMOs which found the EC in violation of th e SPS agreement. Since then and during the 
whole year 2007 a dialogue has been opened w ith the complainants (USA, Argentina and 
Canada) to find a solution to the dispute thus avoiding sanctions. 
• Novel Foods 
 
EN 216   EN DG SANCO has also been evaluating the effectiv eness of novel food legislation that was in 
need of responding to new market realities.  A revision of the Novel Food Regulation was 
deemed necessary in order to reflect the fact that genetically modifi ed (GM) food no longer 
falls within the scope of novel f ood legislation. The revision is also motivated from the need 
to avoid stifling innovation by cr eating a more favourable legisl ative environment for food 
industry, and to better facilitate  both internal and external trade in foodstuffs. The consumer 
would also benefit from a wider choice of safe novel foods.  
The proposal adopted by the Co mmission seeks to improve access of new and innovative 
foods to the EU market, while maintaining a high level of consumer protection and ensuring 
food safety. Under the draft Regulation, nove l foods would be subj ect to centralised 
Community authorisat ion procedure.  
In the future, the Commission will receive the ap plication for authorisation and the European 
Food Safety Authority will carry out the scientific assessment on the product. The " one door – 
one key " approach to approval of novel foods will align the process to that taken on food 
additives, food enzymes and food flavourings. Th is means that the applicant may make one 
application for approval covering all these pos sible uses of the substance in question.  
The proposal also sets out data protection ru les, which aim to protect newly developed 
foodstuffs once, authorised, and encourage comp anies to invest in de veloping new types of 
foods and food production techniques. Moreover, a notification procedure is introduced for 
foods which have not been traditionally sold in the EU but which have a safe history of use in 
third countries. 
There have been no complaints or petitions  in relation to this proposal given that stakeholders 
were mostly in favour of having more general and therefore more flexible requirements. 
 
• Plant Protection – Pesticide Residues 
 The use of plant protection products may constit ute a risk for human and animal health and 
the environment. The Commission services res ponsible for this area take those risks very 
seriously. Regulation (EC) No 396/2005 ensures th at the level of plan t protection products 
contained in and on food is sa fe for consumers. Directive 91/ 414/EEC concerni ng the placing 
of plant protection products on th e market regulates the use of  plant protection products.  
Prior to Regulation (EC) No 396/2005, each Memb er State applied its own maximum residue 
levels for pesticides. Previous European legislation set different  levels for different kinds of 
product: some fruit and vegeta bles (Directive 76/895/EEC), cer eals ( Directiv e 86/362/EEC), 
foodstuffs of animal origin ( Directive 86/363/ EEC) and plant products, including fruit and 
vegetables ( Directive 90/642/EEC). 
With the evaluation of the effectiveness and effi ciency of this body of le gislation, it was seen 
that establishing maximum residue levels (MRL s) of pesticides permitted in products of 
animal or vegetable origin that are intended for human or animal consumption was the way 
forward. As a result Regulation 396/2005 now ensure s that pesticide residues in foodstuffs do 
not constitute an unacceptable risk for consumer and animal health. 
 
EN 217   EN In accordance with Article 8 of Directive 91/414/EEC concerning the placing of plant 
protection products on the market the Commissi on has to assess within a certain timeframe 
the active substances contained in plant protecti on products that were al ready on the market at 
the date of the application of that Directive.  
In 1992, the Commission launched an ambitious  review programme. Regulation (EEC) No 
3600/92 laid down detailed rules for the first stage of that programme.   The procedures for 
the three further stages of the programme have  been laid down in 2000 (Regulation (EC) No 
451/2000), 2002 (Regulation (EC) No 1490/2002) and in 2004 (Regulation No 2229/2004).  
The rules laid down in those Regul ations provide that persons or  companies wishing to secure 
the inclusion of active substances in the positive list of  Annex I of Directive 91/414/EEC, 
submit by a certain date a dossier  meeting the requirements of  the Directive in order to 
demonstrate that it may be expected that plant protection products containing those active 
substances are sufficiently safe for human or animal health or for the environment.  
The first and second stages of the work programme have been finalised. Until 31.12.2007 the 
Commission took decisions on 144 of the 416 dossiers submitted in the framework of the 
programme. The Commission has to take decisi ons on the remaining dossiers before the end 
of 2008. 
On the basis of its evaluation of the submitted dossier the Commission decided not to include 
50 active substances in Annex I of the Directive. These decisions are based on the strict 
application of Directive 91/414/EEC and of the procedural rules contained in the 
implementing Regulations. In order to obtain that the plant protection products containing 
those active substances can remain on the market , certain companies that notified the dossiers, 
seek the annulment by the Court of those Co mmission decisions by invoking errors during the 
assessment or with regard to  the procedural rules.  
The Commission received only few complaints on the bad application by the Member States 
of Directive 91/414/EEC. Most concern issues relating to the provisio ns on data protection. 
Only in one of those cases an infringement pro cedure is ongoing. It has to be stressed that in 
this policy area numerous guidance documents and strong cooperation between Member States and the Commission through  expert groups contribute to a correct applic ation of the 
Community legislation. 
After an intensive consultation of stakehol ders, the Commission proposed on 12 July 2006 a 
Regulation concerning the placing of plant pr otection products that will replace Directive 
91/414/EEC. The draft Regulation c ontains measures for shorte r and clearer authorisation 
criteria, streamlined procedur es, simplified data protecti on rules, provisions for the 
substitution of active substanc es with safer alternatives a nd a reduction in testing on 
vertebrate animals. 
 
• Seeds and Plant Propagating Material 
 
During the course of 2007 an evaluation of th e European legislation governing the marketing 
of seeds and plant propagating material (S&PM)  was conducted that covered 12 directives.  
 
EN 218   EN Many stakeholders were dissatisfied with the fact  that most of these directives had undergone 
many amendments often making it difficult to ascerta in the rules in this area. The evaluation 
in 2007 has shown a need to modernise and simplify the legislation in this area.  
The final conclusions to this evaluation are expected in 2008 and an action plan will be 
drafted in 2009 in respect of 12 directives (66/401/EEC - fodde r plants seed, 66/402/EEC - 
cereals seed, 68/193/EEC - material for the ve getative propagation of vine. 92/33/EEC - 
vegetable propagating and planting material other than seed, 92/34/EEC - fruit plant 
propagating material and fruit plants intended  for fruit production, 98 /56/EEC - propagating 
material of ornamental plants, 99/105/EC - forest reproductive material, 2002/53/EC - 
common catalogue of varieties of agricultural plan t species, 2002/54/EC - beet seed, 
2002/55/EC - vegetable seed, 2002/56/EC - seed  potatoes, and 2002/57/EC -seed of oil and 
fibre plants.) 
 
• Animal By-Products 
 
The use of certain animal by-products (ABPs) in animal feed can spread BSE and other 
animal diseases or spread chemical contaminants  such as dioxins. ABPs can also pose a threat 
to animal and human health via the envi ronment, if not properly disposed of.  
Member States and operators have indicated th at they have made ge nerally good progress in 
applying the ABPs Regulation No EC 1774/2002. Th ere is broad support for the principles of 
the Regulation, and the controls ar e proportionate in most cases. In  particular, th e increase in 
the number of outlets for ABPs and the poten tial for increasing the amount of material 
recycled is welcome. The vast majority of AB Ps produced including all risk materials are now 
being handled in accordance with the Regulation and consigned to the permitted outlets. 
However, Greece through a series of FVO mission has been shown to lack the necessary 
human and institutional capacity to properly appl y the Regulation and as a result a reasoned 
opinion was issued against Greece in relation to this matter. 
The FVO during the course of 2007 has also un covered evidence that the ABP Regulation is 
not being applied in Malta. As  a result, the Commission servi ces responsible for enforcement 
have registered an inquiry against the Maltese competent authorities w ho have been requested 
to present an action plan to remedy the situation. The matter is being closely monitored to ensure proper applicatio n of the legislation.   
With respect to Poland, an outstanding concern a bout the proper application of the legislation 
on ABPs has led to a series of high-level exchanges in order to help call upon the Polish 
authorities to take effective steps to remedy the situation.  
Further consultations are being carried out with Member States and stakeholders in order to 
prepare the ground for a comprehensive revision of the ABP legislation to achieve further 
simplification and bolster enforcement capabilities.  
• Animal Welfare during Transport 
 
EN 219   EN Council Regulation (EC) No. 1/2005 became app licable in January 2007 and amounts to a 
radical overhaul of the existing EU rules on anim al transport and it identifies the chain of all 
those involved in animal tran sport, defining "who is responsi ble for what" thus facilitating 
more effective application of the new rules. 
The Regulation provides for more efficient monito ring tools such as checks on vehicles via a 
satellite navigation system  from 2007. It also has much stricter  rules for journeys of more than 
8 hours, including a substantial upgrading and of ficial approval of vehicle standards. 
The Regulation does not include new measures on travelling times or stocking densities. 
Some of the applicable rules suffer from impr ecision which contributes to legal uncertainty. 
The Commission is considering the way forward on how to amend this legislation to achieve 
further legal certainty and hi gher animal welfare protection. 
 Further reinforcing the App lication of Acquis by DG SANCO
 
  DG SANCO exploits a combination of met hods to achieve compliance. Formal legal 
proceedings against a Member State are used only where it is apparent th at there is a blatant 
violation or where a Member Stat e is exhibiting lack of cooper ation to resolve an issue.  
This is because, as a general trend and despit e the best of efforts by the Commission, with 
some notable exceptions, infringement procedures  are slow to achieve results. Prevention of 
infringements through strong re lationships with Member States may often resolve an 
enforcement issue more effectively. Often Member  States are not fully aware of the scope and 
nature of their legal obligations. Guidance documents on specific and complex pieces of 
legislation have been particularly conducive to  enhancing better applic ation of the acquis on 
the ground. Other times, Member States fail to put in place adequate capacity to properly apply legislation for which the pressure exerted by the Commissi on to show a plan of action 
to resolve the matter achieves acceptable results. 
• Prevention 
Laws cannot be properly applied unless they are fully understood by those that enforce it or 
apply it in order to comply with its provisions.    
The Commission services have issued implementation guidelines  on the correct application of 
their food safety legislation. In  this context, a gui dance document on the implementation of 
specific provisions of the General F ood Law under Regulation (EC) No 178/2002 was 
published. In addition, in the interest of tran sparency, the Commission has encouraged all 
parties concerned to openly discuss the implem entation and application of the Regulation in 
forums where Member States can be consulte d and where different socio-economic interests 
can be adequately expressed.  
Another example of proactive prevention by the Commission is the publication of a guidance 
document in relation to Regulation (EC) No  882/2004 concerning microbiological sampling 
and testing of foodstuffs. This document, which is directed at competent authorities carrying 
out official controls, aims to a dvise on how to engage in official sampling, the requirements of 
 
EN 220   EN official laboratories, analysis methods to be  used for official samples and microbiological 
criteria applied to official samples.  
Moreover, since the adoption of the new rules on  the hygiene of foodstuffs (Regulations (EC) 
Nos 852/2004, 853/2004 and 854/2004), and of the ru les on officials cont rols (Regulation 
(EC) No 882/2004), the Co mmission held a series of meetings  with experts from the Member 
States in order to examine and reach a c onsensus on a number of implementation issues 
concerning the new Regulations. As  a result a guidance document was issued for the benefit 
of competent authorities and f ood businesses in the Member Stat es and in third countries on 
certain key questions with regard to the implementation of the new food hygiene import 
requirements and on related subjects. 
Also for the implementation and consistent ap plication of Directiv e 91/414/EEC concerning 
the placing of plant protection products on  the market, the Commission has adopted 38 
guidelines. 3 additional guidelines were adopt ed in 2007 and 1 existing guideline was revised. 
The Commission launched in 2006 a training programme "Better Training for Safer Food" 
aimed at organising a Community training strategy in the areas of food law, feed law, animal 
health and animal welfare rules, as well as plan t health rules. Training is designed for all staff 
of competent authorities of Member  States involved in official co ntrol activities so as to keep 
them up-to-date with all aspects of Community law in the areas specified above and to ensure 
that controls are carried out in a more uniform , objective and adequate manner in all Member 
States. For 2007 the Commission programmed 62 training events involving about 3000 
officials of Member Stat es and third countries.  
Another type of prevention is pr ovided for in Directive 98/34/EC  laying down a procedure for 
the provision of information in the field of tec hnical standards and regulations. This 
Directive obliges Member States  to notify to the Commission, be fore they are adopted, draft 
acts containing technical standards and regul ations. During 2007 the Commission services 
responsible for health and consumers commented on 224 notifications of dr aft legislations in 
order to avoid that Member St ates adopt legislations which would be incompatible with 
Community law. 
Discussions with Member States either bi-laterally or multilaterally often identify areas of 
difficulty in fully appreciating the nature of specific legislative instruments. The Commission services often provide detailed interpretations of specific provis ions in order to achieve broad 
but uniform understanding of specific provisions. 
• Audits and Inspections 
Another aspect of prevention is the ability of the Commission services to see for themselves 
the realities of enforcement on the ground. Enfor cement of the food safety legislation would 
be weak if the Food and Veterinary Office (F VO) was not able to examine whether Member 
States properly apply food and feed safety controls.  
Each year the FVO develops an audit and insp ection programme identifying priority areas and 
countries. It carries out around 250 audits and inspections annua lly. Following each, a report 
is issued which sets the actions needed to  improve compliance. The large majority of 
weaknesses in control systems id entified by the FVO are normally addressed through specific 
action plans drawn up by national authoritie s in response to its recommendations. The 
 
EN 221   EN inspection reports deliver valu able feedback on compliance in  practice, on the ground, with 
EU legislation and identify specific transpositi on issues when they arise, in each of the 
Member States. The work of the FVO enables DG SANCO to target legal transposition checks on areas and in Member States where a reasonable assurance of compliance is not 
fully achieved.  
As a result of recent inspections in Member States, around 46 cases have been identified 
where there are apparent failings in the transp osition of EU law have been identified, and 
these are being followed up with a view to laun ching infringement cases as appropriate, if 
satisfactory resolution cannot be achieved in other ways. 
In recent years, the FVO has developed overall country profiles for each Member State and 
for the EU's main trading partners. These profil es bring together and summarise the results of 
specific audits and inspections over time and across all relevant sectors. They can thus help to 
identify systemic weaknesses in the overall  design and application of national control 
systems. As these results are progressively refined and validated, re medial action can be 
proposed that addresses the underlying cause of weaknesses that are common to a number of 
specific sectors, for example the absence of a sy stem of documentary records of controls or 
the absence of an effective system of sanctions for non-compliance.   
• Prioritisation of Infringements 
DG SANCO opened 428 new cases  (including the 333 cases for non communication; 55 new 
complaints, 40 cases on our own initiative). 350 letters  of formal notice were sent (333 for 
non communication, 17 for substantive cases). In total we closed 334 cases (264 for non 
communication, 70 for substantive cases). 
DG SANCO will be improving the prioritisation of cases in line with the strategic priorities 
that the Commission has established and wh ich DG SANCO has applied in its domain. 
DG SANCO continues to treat non-communicat ion of national measures transposing 
directives or other notification requirements as a top priority. Late notifications in the field of 
food and feed safety especially by Romania, Portugal and Italy account for the bulk of the 
shortfall, and attention will be fo cussed therefore on these countries. 
Compliance of transpositions by Member States is being facilitated by insisting on the 
obligation to have a concordance tables to fa cilitate such verifica tion. The programme of 
positive action to facilitate the exchange of experience between Member States between the adoption of the new legislati on and its transposition will be extended beyond consumer and 
health policies, to th e food safety sector.  
Special attention will be given to verifying the transposition of  provisions which are crucial to 
the effectiveness of food safety, animal health and animal welfare, whic h are in the remit of 
Member States. Accordingly, infringements will be launched where appropriate. 
Finally, for other low priority cases, attempts will be made in the first instance to find non-
judicial consensual solutions with the Member  State concerned through  partnership channels 
available to DG SANCO. 
 
EN 222   EN 13.5 General Evaluation 
DG SANCO is in the forefront of  evolving to address the challe nges posed by the need to use 
resources for better application of EC law more  effectively and on issu es that are important 
for EU citizens and for the credibility of the European Commission.  
In order to manage better th e resources needed to assess compliance of SANCO directives 
with transposing measures of Member States, se ctoral directives are be ing consolidated into 
regulations where appropriate followi ng evaluation of such directives.  
The most difficult challenge for the application of EU law in the policy fields for which DG 
SANCO is responsible, is the rapi dity of technological progress in particular in the fields of 
the genetic modification and cl oning of plants and animals,  emerging nanotechnologies and 
emerging issues of the consumer's right to priv acy as well as fair commercial practice in a 
digital market. This puts constant pressure on the regulators to strike the balance between 
evidence and science and public concerns and perceptions. 
Lastly, as part of its ongoing pr ogramme of simplification and mode rnisation of its legislation, 
DG SANCO is consolidati ng sectoral directives into regula tions, thus facilitating the control 
of legal compliance by Member States. 
 
14 JUSTICE  FREEDOM  AND  SECURITY 
Current position  A comprehensive list of JLS acquis in force is publicly available on the JLS 
EUROPA website317. For a detailed list of the existing measures in force by sector please 
refer to Annex I paragraph 5 
As a follow-up of the Hague Programme, it has become customary to adopt a yearly 
Scoreboard Plus, the last  one published on 28 June 2007318. In addition to the monitoring of 
the adoption process, this communication examines national implementation of policies in the Justice, Freedom and Security fields. 
14.1 Fundamental rights 
14.1.1  Work in 2007 
In 2007 the Commission received a number of individual letter s and parliamentary questions 
as well as petitions concerning  alleged violations of fundame ntal rights by Member States: 
approximately 800 letters and more than 120 parl iamentary questions an d petitions. Most of 
the individual cases do not involve Community law and fall outside the powers of the 
Commission to control the appl ication of Community law.  
                                                
 
317 http://ec.europa.eu/justice_home/doc_centre/intro/doc_intro_en.htm. 
318 Communication of 28 June 2006 from the Council to the Council and the European Parliament– Report 
on the implementation of the Hague programme for 2006 – COM(2007) 373 final. Available on JLS 
EUROPA website. The next Scoreboard Plus is expected to be published by June 2008. 
 
EN 223   EN The important number of letters received by th e Commission reveals a strong interest and 
expectation from citizens on funda mental rights in Member States. It also reveals that more 
information is needed to explain that the Eu ropean Commission has no general powers to 
intervene in cases of vi olations of fundamental rights and that  it can do so only if an issue of 
European Community law is involved. 
14.2 Citizenship 
14.2.1  Work in 2007 
As for the two Directives on the right of the Un ion citizens to vote and st and as a candidate in 
elections to the European Parliament and in municipal elections (Directives 93/109319 and 
94/80320 respectively), communication of national transposition m easures can be considered 
completed, with exception of Bulgaria and Romania. All Commissi on reports make the 
general point that on the whole the provisions of  Part Two of the EC Treaty related to the 
rights of Union citizens are being applied correctly and without serious problems. 
14.2.2  Changes underway 
Volume of enquiries, complaints, infringeme nts work and petitions, and prioritisation among 
them: 
In 2007 the Commission received 15 2 complaints relating to citizen s' rights, such as the right 
to vote in the European Parliament and muni cipal elections. Concerni ng free movement and 
residence rights of citizens of the Union and their family members, more than 770 complaints 
were received by the Commission in 2007. In the fields of citizenship and free movement of 
persons, the combined number of European Parl iament questions was of 45 and the number of 
petitions 12. 
The acquis in these fields is giving rise to a large volume of complaints from citizens, which 
is expected to continue increasing in the futu re. Priority has been given in 2007 to cases of 
non communication of Directives 93/109 and 94/80, and to cases  under Article 228 of the 
Treaty establishing the European Community. 
14.2.3  Evaluation 
Priorities for 2007 
Current and future priorities,  as so far defined, cover: 
                                                 
319 Directive 93/109/EC of 6 December 1993 laying do wn detailed arrangements for the exercise of the 
right to vote and stand as a candidate in elections to  the European Parliament for citizens of the Union 
residing in a Member State of which they are not nationals, OJ L 329, 30.12.1993, p. 34. 
320 Council Directive 94/80 of 19 D ecember 1994 laying down detailed arra ngements for th e exercise of 
the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a 
Member State of which they are not nationals, OJ L 368, 31.12.1994, p. 38. Directive as last amended 
by Act concerning the conditions of accession of th e Czech Republic, the Republic of Estonia, the 
Republic of Cyprus, the Republic of Latvia, the Rep ublic of Lithuania, the Re public of Hungary, the 
Republic of Malta, the Republic of Poland, the Repub lic of Slovenia and the Slovak Republic and the 
adjustments to the Treaties on which the European Union is founded, OJ L 236, 23.9.2003, p. 33. 
 
EN 224   EN • Violations of the principle of non-discrimina tion enshrined in Article 12 EC Treaty are 
another source of complaints in this area. 
• Infringements in the area of citizenship produce the most widespread impact.  
• In 2007 DG JLS launched a study on the compa tibility of Member States transposition 
measures of the above instruments with Comm unity law which will serve as basis for the 
Commission's action where necessary.  
 
14.3 Data Protection 
14.3.1  Work in 2007 
The Commission has continued the structured dialogue with Member States on the 
implementation of the data protection Directiv e. Even though all Member States have now 
transposed the data protection Directive321, some of them have faile d to incorporate a number 
of provisions of the Dire ctive. In other cases, transpositi on or practice has not been conducted 
in line with the Directive or has fallen outside the margin of manoeuvre left to Member States. 
This has resulted in a number of infringement proceedings322.  
In 2007, 2 petitions, 35 complaints a nd 32 enquiries were received . 
14.3.2  Changes underway 
Volume of enquiries, complaints, infringeme nts work and petitions, and prioritisation among 
them: 
A limited number of infringement cases were opened in 2007, based on complaints received. 
Due to a relatively small number, no prioritisa tion was applied to them. In 2007 the number of 
petitions was 2, the volume  of complaints was 35, and the nu mber of enquiries that were not 
considered as complaints was around 32. This  volume is expected to remain stable. 
14.3.3  Evaluation 
Priorities for 2008 - 2009 
Directive 95/46/EC on data protection is a priority legal instrument. The types of resulting 
infringements are, for a slight majority, cases of  incorrect application a nd, for the rest, of non-
conformity. Some infringements tend to be quite political. Due to a small number of 
infringements in the field of data protection, no further prioritisation is applied to them. 
                                                 
321 Council Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the 
protection of individuals with regard to the processing of personal data and on the free movement of 
such data, OJ L 281, 23.11.1995, p. 31. 
322 In two cases concerning incorrect implementation an d application of the Direc tive, Germany was sent a 
reasoned opinion on 29 June 2007 in one case and referred to the Court on 22 November 2007 (case 
C-518/07, still pending) in another case. 
 
EN 225   EN 14.4 Asylum and immigration 
14.4.1  Work in 2007 
In 2007, the deadlines for transposition by the Me mber States have expired for three Council 
Directives: Directive 2005/85323, Directive 2005/71324 and Directive 2004/114325. Concerning 
all these Directives, a small number of Member St ates have initially failed to comply with the 
transposition deadline, resulting in infringeme nt procedures opened against them. Regarding 
Directive 2004/114, transpositi on efforts have picked up, with only Greece and Luxemburg 
having reached the stage of reasoned opinion. In case of Directives 2005/85 and 2005/71, 
only a few Member States have transposed, or partially transposed these Directives. 
Concerning Directive 2004/83326, a number of Member States were sent reasoned opinions on 
29 June 2007 for non-communication, and nine Member States327 still fail to fulfil their 
obligation.  
As for Directive 2004/81328, majority of the initially failing Member States have since then 
complied with their obligation, and by now only Spain and Luxemburg have infringement 
proceedings open against them329. Similarly, only Belgium and Spain330 are still failing to 
communicate national measures transposing Di rective 2003/110331.  
Considerable efforts have been ma de in transposing Directive 2003/109332, although Spain 
and Luxemburg have still not fulfilled their obligation333. As regards the Directive 2003/86334, 
Luxemburg is the only Memb er State failing to comply335.  
                                                 
323 Council Directive 2005/85/EC of  1 December 2005 on minimum sta ndards on procedures in Member 
States for granting and withdraw ing refugee status, OJ L 326 of 13 December 2005, p. 13. 
324 Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country 
nationals for the purposes of scientific research, OJ L 289 of 3 November 2005, p. 15. 
325 Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country 
nationals for the purposes of studies, pupil exchange , unremunerated training or voluntary service, OJ L 
375, 23 December 2004 of p. 12). 
326 Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status 
of third country nationals or stateless persons as refugees or as persons who otherwise need 
international protection and the content of the protection granted, OJ L 304, 30.9.2004, p. 12. 
327 Greece, Spain, Malta, Netherlands, Pola nd, Portugal, Finland, Sweden and UK. 
328 Council Directive 2004/81 of 29 April 2004 on the residence permit issued to third-country nationals 
who are victims of trafficking in human beings or w ho have been the subject of an action to facilitate 
illegal immigration, who cooperate with the competent authorities, OJ L 261, 6.8.2004, p. 19. 
329 Reasoned opinions were sent to Spain and Luxemburg on 29 June 2007. 
330 Belgium and Spain were referred to Court on respectively 11 January 2007 and 12 February 2007 
(cases respectively C-2007/003 and C-2007/058). 
331 Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes 
of removal by air, OJ L 321, 6.12.2003, p. 26. 
332 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals 
who are long-term residents, OJ L 16, 23.1.2004, p. 44. 
333 Spain was ruled against by the Court of Justice on 15 November 2007 and Luxemburg – on 29 
November 2007 (cases respectively C-2007/059 and C-2007/034) for failure to notify measures 
transposing the Directive and neither still has complied.  
334 Council Directive 2003/86 of 22 September 2003 on  the right to family reunification, OJ L 251, 
3.10.2003, p. 12. 
335 Luxemburg was ruled against by the Court on 6 D ecember 2007 (Case C-2007/0 57) for failure to notify 
measures transposing the Directive and still has not complied. 
 
EN 226   EN In 2007 communication of nationa l transposition measures has been completed for the 
Directives 2003/9336, 2002/90337, 2001/55338, 2001/51339 and 2001/40340. 
On substance, a legal action against Gree ce for not complying with Community law on 
asylum, specifically with the Regulation establishing the criteria and mechanisms for determining which Member State is responsible for examining an asylum application lodged in one of the Member States by a thir d-country national (D ublin II Regulation
341) was taken in 
2007342. 
14.4.2  Changes underway 
Volume of enquiries, complaints, infringeme nts work and petitions, and prioritisation among 
them: 
In the field of immigration and asylum, the vol ume of enquiries, complaints and petitions may 
increase as third-country nationa ls seek to assert th eir rights under in par ticular the long-term 
residents directive and family reunification directive. 
14.4.3  Evaluation 
Priorities for 2007 
• Most of the legal instruments in this field are relatively recent. As a consequence, non-
communication cases and follow-up of some comp laints has been the main priority, with 
no further prioritisation possible yet.  
• At the end of 2006 a study into the quality of transposition of the 10 immigration and 
asylum directives then in force was commi ssioned. The resulting report of the study is 
expected to be finalised by mid-2008. 
Priorities for 2008 - 2009 
• DG JLS will continue to deal with non-co mmunication cases and the most important 
suspected infringements disclosed by complaints.  
                                                 
336 Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of 
asylum seekers, OJ L 31, 6.2.2003, p. 18. 
337 Council Directive 2002/90 of 28 November 2002 defi ning the facilitation of unau thorised entry, transit 
and residence, OJ L 328, 5.12.2002, p. 17. 
338 Council Directive 2001/55 of 20 July 2001 on minimum standards for giving temporary protection in 
the event of a mass influx of displaced persons and on measures promoting a balance of efforts between 
Member States in receiving such persons and bearing the consequences thereof, OJ L 212, 7.8.2001, p. 
12. 
339 Council Directive 2001/51 of 28 June 2001 supplementing the provisions of Article 26 of the 
Convention implementing the Schengen Agreement of 14 June 1985, OJ L 187, 10.7.2001, p. 45. 
340 Council Directive 2001/40 of 28 May 2001 on the mutual recognition of decisions on the expulsion of 
third country nationals, OJ L 149, 2.6.2001, p. 34. 
341 Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms 
for determining the Member State responsible for examining an asylum application lodged in one of the 
Member States by a third-country national, OJ L 50 of 25 of February 2003, p.1. 
342 A reasoned opinion to that end wa s sent to Greece on 29 June 2007. 
 
EN 227   EN The reflection on which legal instruments w ill be focused on is on-going, depending on the 
results of the study, which is planned to be finalised by mid-2008. 
14.5 Borders and visas 
14.5.1  Work in 2007 
Few cases of incorrect application of instrument s of Community legisla tion related to aspects 
of visa procedures and biometrics in passports have been detected, resulting in early stage of 
infringement proceeding in 2007. As concerns Directive 2004/82/EC343, all Member States 
have completed transposition, except Greece and Poland344. 
The volume of enquiries has been about 300 enquiries per domain, wh ereas a number of 
petitions is very low. 
14.5.2  Changes underway 
Recently adopted measures due to enter into force which may require additional work:  
The Regulation 1931/2006 laying down rules on local border traffic345 provides the legal 
framework within which Member States can c onclude bilateral agreements on local border 
traffic with their neighbours. Several Member States are currently negotiating bilateral 
agreements with third c ountries. The analysis of the compa tibility of such agreements might 
lead to additional infringement procedures. 
New measures due to be adopted which may re quire specific implem entation / transposition 
work: 
It is expected that before the end of 2008, the Council and the Parliament will adopt a 
Community code on visas recasting and further ha rmonising the provisions in the field of the 
issuance of visas to th ird country nationals. The entry into force is foreseen six months after 
adoption. 
Volume of enquiries, complaints, infringeme nts work and petitions, and prioritisation among 
them:  
Priority will be given to complaints received by individuals in relation with checks carried out 
in internal border zones, to suspected infringements related to the issuance of visas as well as to security of travel documents. It is expect ed that the current volum e of enquiries of about 
300 enquiries per domain remains stable, whereas the previously very low number of petitions might increase, as the sensitivity of the border and visa acquis increases. 
                                                
 
343 Council Directive 2004/82/EC of 29 April 2004 on  the obligation of carriers to communicate passenger 
data, OJ l 261, 6.8.2004, p. 24. 
344 Greece was sent a letter of formal notice on 27 Novemb er 2006 and Poland was sent a reasoned opinion 
on 28 March 2007. 
345 Regulation (EC) No 1931/2006 of  the European Parliament and of  the Council of 20 December 2006 
laying down rules on local border traffic at the ex ternal land borders of the Member States and 
amending the provisions of the Schengen Convention (OJ L 405 of 30 December 2006, p.1). 
 
EN 228   EN 14.5.3  Evaluation 
Priorities for 2007  
In 2007, priorities concerned the follow up of complaints receive d by citizens in the field of 
visa issuances as well as the follow up of in fringements related to the security of travel 
documents. 
Priorities for 2008 - 2009 
• The analysis of the transposition of Directive 2004/82 will be finalised. 
• DG JLS will continue the deal with the susp ected infringements disclosed by complaints. 
 
14.6 Judicial cooperation in civil matters 
14.6.1  Work in 2007 
By the end of 2007, all Member States notif ied their national legislation implementing 
Directive 2003/8 on legal aid346, except Romania.  
Greece is the only Member State which ha s failed to transpose Directive 2004/80347.  
A report on application of the Regulati on 1206/2001 on taking evidence in civil or 
commercial matters348 was adopted on 5 December 2007349. The report conc ludes that the 
application of the Regulation has genera lly improved, simplified and accelerated the 
cooperation between the courts on the taking of evidence in civil or commercial matters. The 
Regulation has achieved its two main objectives, namely to simplify the cooperation between 
Member States and to accelerate the performan ce of the taking of evidence, to a relatively 
satisfactory extent. 
Around 12 petitions were received in this field in 2007. 
14.6.2  Changes underway 
Recently adopted measures due to enter into force which may require additional work:  
                                                 
346 Council Directive 20 03/8 of 27 January 2003 to improve access to justice in cross- border disputes by 
establishing minimum common rules relating to legal aid for such disputes, OJ L 26, 31.1.2003, p. 41. 
347 Council Directive 2004/80 of 29 April 2004 relating to compensation to crime victims, OJ L 261, 
6.8.2004, p. 15. 
348 Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the 
Member States in the taking of evidence in civil or commercial matters, OJ L 174, 27.6.2001, p. 1. 
349 Report from the Commission to the Council, the European Parliament and the European Economic and 
Social Committee on the application of the Council Regulation (EC) 1206/2001 of 28 May 2001 on 
cooperation between the courts of th e Member States in the taking of  evidence in civi l or commercial 
matters - COM(2007) 769 final. 
 
EN 229   EN The correct implementation of the Regula tion 2201/2003 (the 'Brussels II a Regulation’) 
concerning jurisdiction and the recognition and th e enforcement of judgements in matrimonial 
matters and the matters of parental responsibility will remain a priority. 
In 2008 – 2009 two important Regulations w ill enter into force: Regulation 1896/2006 
establishing a European Payment Order Procedure350 and Regulation 861/ 2007 establishing a 
European Small Claims Procedure351. The Commission will take all necessary measures to 
support the implementation of both Regulations, particularly by publishi ng the references of 
assisting authorities to be communicated by Member States.  
New measures due to be adopted which may re quire specific implem entation / transposition 
work: 
A Directive of the European Pa rliament and the Council on cer tain aspects of mediation inn 
civil and commercial matters was adopted  on 23 April 2008. The Directive provides in 
particular that Member States shall notify the names of competent authorities for the 
progressive implementation of the Directive on a three-year period. 
Volume of enquiries, complaints, infringeme nts work and petitions, and prioritisation among 
them:  
Because of the limited number of formal complain ts in civil justice that are received annually 
(less than 10), there is no need to set specific priorities. However, family law issues are very 
sensitive and they should be considered carefully. 
Around 12 petitions per year ar e received in this field. 
 
14.6.3  Evaluation 
Priorities for 2007  
• In 2007 a special attention was paid to the correct application of  the Regulation 2201/2003 
(the 'Brussels II a Regulation’) concerni ng jurisdiction and the recognition and the 
enforcement of judgements in matrimonial  matters and the matters of parental 
responsibility. Indeed, the prevention of parent al child abduction is a priority for further 
EU action and an important part of the overa ll Commission strategy to promote the rights 
of the child. 
• Several initiatives were taken to inform a nd train judges, lawyers, notaries and central 
authorities on the application of the Brussels  II a. A Practice Guide has been published in 
all Community languages. The Commission also funds training seminars on the application 
of the Regulation in several Member States under the Framework Pr ogramme for Judicial 
Cooperation in Civil Matters (2002 – 2006) and from 2007 to 2013 under the Specific 
Programme ‘Civil Justice’ as part of th e General Programme ‘Fundamental Rights and 
Justice’. 
                                                 
350 (OJ L 399 of 30 December 2006, p.1). 
351 (OJ L 199 of 31 July 2007, p. 1). 
 
EN 230   EN • The proper application of existing legislati on was one of the prio rities in 2007. On 5 
December 2007, the Commission adopted its repor t on the application of the Regulation 
1206/2001 on cooperation between the courts of the Member States in the taking of 
evidence in civil or commercial matters. The report concludes that the application of the 
Regulation has generally improved, simplified and accelerated the cooperation between the 
courts on the taking of evidence in  civil or commercial matters.  
• In 2007 a preliminary study for pr eparing the report on the application of Regulation 
44/2001 (Brussels I) was started. Th e report will evaluate the a pplication of Brussels I in 
order to highlight problems in the applica tion and ways in which the operation of the 
Regulation may be improved. 
• The European Judicial Network in civil a nd commercial matters (EJN) is equally an 
important tool in supporting the correct app lication of Community Law. Managing the EJN 
continued in 2007, including information and communication activities foreseen, despite 
the late adoption of the Civil Justice financ ial programme and the consequent lack of 
financial resources. However, the Network conf irms itself as a useful tool to strengthen 
judicial cooperation in civil matters as dem onstrated by the number of hits on the website 
of the Network (on average 276.000 per month).  
• As for infringement cases, their limited numb er did not require pr ioritization of their 
treatment. The most common are non-communi cation cases concerni ng Directive 2004/80 
relating to compensation to crime victims and Directive 2002/8 on legal aid in cross-border 
disputes. Other types of infringements concern incorrect application of  the Regulations in 
the civil justice field.  
Besides infringements cases, the Commission is contributing to assessment of preliminary 
questions. In 2007 the Court of Justice has c ontributed to around five questions on civil 
judicial cooperation issues. 
Priorities for 2008 - 2009 
• The adoption of the Report on the applicat ion of Regulation 44/2001 on jurisdiction, 
recognition and enforcement of judgments in  civil and commercial matters will be the 
priority in 2008. 
• In 2008 the Commission will also adopt a Report on the application of the Directive 
2004/80/EC relating to compensation to cr ime victims. The report will assess the 
application of the Directive and evaluate it as an instrument to facilitate the access to justice. 
• As a third report, th e application of the Legal Aid Directive will be examined in 2009. 
• The correct implementation of the Regulation Bru ssels II a will remain a priority also in 
2008-2009. 
• In the framework of the activities of the European Judicial Network in civil and 
commercial matters the second meeting of th e Central Authorities designated under the 
Brussels II a Regulation will take place in Brussels on 19 June 2008. 
 
EN 231   EN • The update of the 'Practice Guide for the appl ication of the new Brussels II Regulation' 
(target audience: specialists (judges, lawyer s) and Central Authorities) and also the 
publication of a 'First-aid' booklet  'The international family in crises' (target audience: 
citizens) has been planned. 
• In 2008 the development of Websites of the European Judicial Ne twork in civil and 
commercial matter and of the Atlas will continue in order to ensure the continuity of our 
action and to comply with the new policy set in 2007: E-Justice. Taki ng into account the 
further results of the feasibil ity study on the electronic im plementation of the Regulation 
on the European payment order pr ocedure, it is likel y to foresee in 2009  the establishment 
of the relevant system. 
• In 2008-2009 two important Regulations will enter into force –respectively Regulation 
1896/2006 establishing a European Payment Order Procedure and Regulation 861/2007 
establishing a European Small Claims Procedure. The Commission will take all necessary measures to support the implementation of bot h Regulations, particularly by publishing the 
references of assisting Authorities to be communicated by Member States. 
Because of the limited number of infringements cas es in civil justice, there is no need to set 
specific priorities. However, in view of the fo rthcoming entry into force of the Lisbon Treaty 
in 2009, the preliminary questions will gain mo re importance in the civil justice area. 
14.7 Free movement of persons 
14.7.1  Work in 2007 
According to the third and last Commission's report
352, the application of the Directives 
90/364353, 90/365354 and 93/96355 on the right of residence for students, economically inactive 
and retired Union citizens is basically satisf actory as the declining number of infringements 
shows. Nevertheless, there ar e still individual cases of  non-compliance or incorrect 
application, some reaching an advanced stage in 2007356. 
Application of Directives 64/221357, 72/194358, 73/148359, 75/34360 and 75/35361 relating to the 
movement and residence of foreign nationals is  also considered sati sfactory, and the number 
                                                 
352 Third Commission report to the Council and Parliament on the application of Directives 93/96, 90/364, 
90/365 on the right of residence for students, economically inactive and retired Union citizens – COM(2006) 156 final. 
353 OJ L 180, 13.7.1990, p. 26. 
354 OJ L 180, 13.7,1990, p. 28. 
355 OJ L 317, 18.12.1993, p. 59. 
356 On 17 October 2007 the Commission decided to refer France  to the Court  for non-compliance with 
Directives 90/364, 90/365 and 93/96. On 23 October 2007 the Commission sent a reasoned opinion under Article 228 EC Treaty to Belgium for non-compliance with the judgement of the Court. 
357 Directive 64/221 of 25 February 1964 on the co-ordination of special measures concerning the 
movement and residence of foreign nationals which are justified on grounds of public policy, public 
security or public health, OJ 56, 4.4.1964, p. 850, English special edition Series I Chapter 1963-1964, p. 
117. 
358 Directive 72/194 of 18 May 1972 extending to worker s exercising the right to remain in the territory of 
a Member State after having been employed in that  State the scope of the Directive of 25 February 
1964, OJ L 121, 26.5.1972, p. 32, English speci al edition Series I Chapter 1972(II), p. 474. 
 
EN 232   EN of complaints received by the Commission is declining. Neve rtheless, there were still 
individual cases of non-compliance or incorrect application, some reaching an advanced stage 
in 2007362. 
As concerns the implementation of Directive 2004/38, which marks an im portant step forward 
in the rights of free movement of persons, a nu mber of Member States still had not fulfilled 
their transposition and communication obligation by the end of 2007. Belgium, Czech Republic and United Kingdom have only partially fulfilled their obligation
363. The 
Commission is examining national transp osition measures communicated by Italy, 
Luxemburg and Malta364. 
More than 770 complaints were received in this field by the Commission in 2007. The 
number of parliamentary questions amounted to  45 and the number of petitions – to 12 in 
2007 in the areas of free movement of  persons and citizenship combined. 
14.7.2  Changes underway 
Volume of enquiries, complaints, infringeme nts work and petitions, and prioritisation among 
them:  
Concerning free movement and residence rights of citizens of the Union and their family 
members, more than 770 complaints were r eceived by the Commission in 2007. In the fields 
of citizenship and free movement of persons, th e combined number of European Parliament 
questions was of 45 and the number of petitions 12. 
The acquis in these fields is giving rise to a large volume of complaints from citizens, which 
is expected to continue increasing in the futu re. Priority has been given in 2007 to cases of 
non communication of Directive 2004/38 and to  cases under Article 228 of the Treaty 
establishing the European Community. 
                                                                                                                                                         
359 Directive 73/148 of 21 May 1973 on the abolition of restrictions on movement and residence within the 
Community for nationals of Member States with regard to establishment and the provision of services, OJ L 172, 28.6.1973, p. 14. 
360 Directive 75/34 of 17 D ecember 1974 concerning the right of nationa ls of a Member State to remain in 
the territory of another Member State after having  pursued therein an activity in a self-employed 
capacity, OJ L 14, 20.1.1975, p. 10. 
361 Directive 75/35 of 17 December 1 974 extending the scope of Directive 64/221 to include nationals of a 
Member State who exercise the right to remain in the territory of another Member State after having 
pursued therein an activity in a self-employed capacity, OJ L 14, 20,1,1975, p. 14. 
362 Netherlands was ruled against by the Court in two cases of incorrect application of Directive 64/221 in 
expulsion cases, on 7 June 2007 (joint cases C-2006/050). The Commission is examining the measures adopted by the Netherlands to comply with the judgement. Belgium was ruled against by the Court for 
non-compliance with Directive 64/221 and Directive 90/364 on 23 March 2006 (case C-2003/408). On 
23 October 2007 the Commission sent a reasoned opinion under Article 228 EC Treaty for non-compliance with the judgement of the Court. On 17 October 2007 the Commission decided to refer 
France  to the Court  for non-compliance with the Directive 73/148. 
363 The Commission decided to refer Belgium to the Court for non-communication on 17 October 2007 and 
United Kingdom – on 27 June 2007. 
364 National transposition measures were communicated following the Commission's decision to refer 
Malta to the Court for non-communication on 27 June 2007. Similarly, Luxemburg communicated 
national transposition measures after it was ruled ag ainst by the Court for non-communication on 13 
December 2007 (case C-2007/294). 
 
EN 233   EN  
14.7.3  Evaluation 
Priorities for 2007 
• Article 228 cases and non-communication cases for Directive 2004/38 on the rights of free 
movement of the Union's citizens and their family members, which consolidates and 
updates a number of legal instruments in the ar ea of free movement of persons, is a priority 
legal instrument. 
Priorities for 2008 - 2009 
• Non-communication concerning Directive 2004/38, Article 2 28 cases and non conformity 
Priority will also be given to cases raising i ssues of principle or ha ving particularly far 
reaching negative impact for citizens. 
• The priorities in dealing with  infringements will also depe nd on the results of the study 
launched in in December 2007 on the conformity  of transposition measures of Directive 
2004/38 which are expected for the second half of 2008 and on the report on the 
application of the Dir ective 2004/38 due in 2008.. 
14.8 Security 
14.8.1  Work  in 2007: 
In 2007, the deadline for transposition by the Me mber States expired for the Directive 
2006/24365. A disappointing number of twenty Member States have failed to comply with the 
transposition deadline, resulting in infr ingement procedures opened against them. 
14.8.2  Changes underway 
Recently adopted measures due to enter into force which may require additional work:  
On 25 March 2008 the Commission adopted a decisi on on the setting up of the formal data 
retention experts group. This group will bring together, inter alia, relevant experts from law enforcement services, the electronic commun ications sector and the data protection 
community. Its focus will be to encourage a nd facilitate a common orientation on the 
application of Directive 2006/24/EC. Over time its focus is likely to move from industry 
issues to law enforcement issue and addres s questions about whether the Directive is 
achieving its objectives, particularly in the light of devel oping technologies. 
New measures due to be adopted which may re quire specific implem entation / transposition 
work: 
                                                
 
365 Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention 
of data generated or processed in connection with the provision of publicly available electronic 
communications services or of public communications networks and amending Directive 2002/58/EC, 
OJ L 105 of 13 April 2006, p. 54.  
 
EN 234   EN Two proposals for two Directives of the Europ ean Parliament and of the Council are being 
negotiated: one on the protecti on of the environment through criminal law and another on 
pollution ship-source pollution. None of the two are likely to have to be transposed before 2010. 
14.8.3  Evaluation 
Priorities for 2007  
As the deadline of transposition of the only Di rective 2006/24 on data rete ntion is relatively 
recent, the resulting non-communication cases ha ve not been considered to be a priority 
 
15 
     TRADE 
Trade policy is governed by Article 133 of the EC Treaty.  There is limited 
Community legislation in this field and onl y two directives.  Th ese directives are 
Council Directive 98/29/EC of 7 May 1998 on harmonisation of the main provisions 
concerning export credit insura nce for transactions with medium and long-term cover 
and Council Directive 84/568/EEC of 27 November 1984 concerning the reciprocal 
obligations of export credit in surance organizations of th e Member States acting on 
behalf of the State or with its support, or of pub lic departments acting in place of such 
organizations, in the case of joint guarant ees for a contract involving one or more 
subcontracts in one or more Member States  of the European Communities.  In 2007 
the only relevant issue was the transpositi on of these directives  by the Bulgaria and 
Romania.  The transposition measures ha ve been communicated correctly to the 
Commission.  
It is not expected that there wi ll be any significant work requir ed on the transpos ition of these 
directives or other potent ial infringements in 2008/2009. 
 
16  ENLARGEMENT 
16.1  Current position 
16.1.1 Existing measures in force Enlargement policy is based on Article 49 EU Treaty. EC agreements with third countries 
may contain certain provisions wh ich are directly applicable unde r EU law. Violation of such 
provisions by one or more Member States c ould therefore be subject to infringement 
proceedings. 
This is in particular the case for the 1963 EEC-Turkey Association Agreement, its 1970 
Additional Protocol and rela ted Association Council Decisi ons. The Stabilisation and 
Association Agreements with the former Y ugoslav Republic of Macedonia (2004) and with 
Croatia (2005) fall also into the same category of  EC law partly liable for trial in the European 
 
EN 235   EN Court of Justice as far as implementation or  application by Member States is concerned. 
Similar agreements with the potential candidate  countries Albania, M ontenegro, Serbia and 
Bosnia and Herzegovina have not yet entered into force. 
1.6.1.2 Report of work done in 2007 
The Commission receives a lot of correspondence and complaints from citizens related to 
legal acts and agreements in the field of enlargement, including financial instruments. 
However, these cases concern mainly alleged viol ation of obligations by the third country or 
other matters not directly related to the appli cation of EC law by Member States. Recourse to 
infringement proceedings is therefore very  limited in the area of enlargement. 
The case concerning workers’ rights on access to  the labour market of Member States under 
Decision 1/80 related to the EEC/Turkey Associ ation Agreement, which was referred to the 
Court in 2006, is still pending. Several Member  States intervened in 2007. The EEC/Turkey 
Association Agreement is also subject to a numbe r of references for preliminary rulings, most 
of them still pending with the Court. In one case the Court confirmed in its judgement the 
application of the standstill clause  to immigration requirements.  
The Commission received in 2007 two new complain ts related to standstill clauses under the 
EEC/Turkey Association Agreement. One case concerns the compatibility of mandatory 
integration exams for Turkish nationals working in  a Member State. This case raises a number 
of complex legal questions  requiring careful analysis. The other case is related to the fact that 
the minimum age of Turkish citizens for issui ng residence permits has been increased by one 
Member State.      
1.6.1.3 Changes underway  
Volume of enquiries, complaints , infringements work and peti tions, and prioritisation among 
them:  
The number of complaints which may lead to in fringement cases is ve ry limited and therefore 
does not require prioritisation among them. This s ituation is not likely to change in future. 
 
16.2  Evaluation 
Since EU enlargement in 2004 and 2007 the few complaints received concern the application 
of the EEC/Turkey Association Agreement. Taking into account the references to preliminary 
rulings pending at the Court, this confirms th at the application and interpretation of this 
Association Agreement is still subject to a variet y of legal arguments with regard to residence 
and work of Turkish citizens in Member States. 
 
 
EN 236   EN 17  EUROSTAT 
17.1  Current position 
The objective of having statistics of quality is both an operational and a legal requirement 
insofar as Community statistics production must respect the principles set out in Article 285 
of the EC Treaty and in Regulation (EC) No 322/97366, and in the various sectoral legislative 
instruments.  
The majority of the basic acts governing Co mmunity statistics are regulations/decisions 
(approximately 280 among basic acts and imple menting measures) there being only 8 
Directives367. In order to "test" the possible difficulti es in the application, the preparation of 
any legislative proposal is alwa ys the result of close coopera tion with the Member States.  
It is useful to stress that the obligations of  the Member States in the field of Community 
statistics are recurri ng and therefore need constant  follow-up. Thanks to continuous 
collaboration with the Member States, Eurost at is in a position to know beforehand the 
possible difficulties that a Me mber State could encounter a nd able to address them.  
 
17.1.1 Report of work done in 2007 
The infringement procedure initiated in 2004 ag ainst Greece for failure to submit statistics on 
excessive deficits, in accordance with Regulations (EC) No 3605/93368 and 2223/96369 and for 
infringement of Article 10 of the EC Treaty a nd Article 3 of the Protocol on the excessive 
deficit procedure to th e Commission, has been finally clos ed. The Greek authorities have 
taken the necessary measures to fully comply with this legislation. 
In the area of agricultural and tourism statistic s, four formal letters of notice were sent to 
Finland, Sweden, Slovak Republic and Portuga l concerning failure to notify national 
measures transposing Directive 2006/110/EC370. 
All Member States concerned replied to the letter of formal notice and communicated their 
national measures and, therefore, the Commission closed the cases. 
In the statistics area, in 2007, Eu rostat continued the implementa tion of the principles of the 
Commission Communication on better monitoring of the application of  Community law371, 
and promoted dialogue and cooperation with the Member States in order to ensure the respect of the statistical legislation. 
                                                
 
366 Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics (OJ L 52, 22.2.1997, 
p.1).  
367 COM (2007) 129 will replace 3 dir ectives in the statistics area. 
368 Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the 
excessive deficit procedure annexed to the Treaty establishing the European Community 
369 Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional 
accounts in the Community. 
370 JO L 363, 20.12.2006, p. 418. 
371 COM(2002)725 
 
EN 237   EN Since 2005, a consistent and systematic strategy fo r monitoring compliance with the st atistical 
"acquis communautaire" has been  implemented by Eurostat. An internal procedure has been 
set-up to monitor conformity of  the application of the entire body of Statis tical legislation and 
policy measures have been put in place to ensure internal co-ordination. Monitoring reports are presented twice per year and discussed at Senior Management level. The follow-up of the 
cases is assured according to standard Commission procedures (e.g. pre- and infringement procedure). 
 
18
  PERSONNEL  AND  ADMINISTRATION 
18.1  Current position 
18.1.1 Existing measures in force In the Personnel and Administ ration matters, the Commission mu st guarantee that Community 
law is correctly applied to the staff of the Communities. To this end it must ensure that 
legislation and implementing provisions are adop ted by Member States in compliance with the 
Protocol on Privileges a nd Immunities of the European Communities an d the Regulations and 
Rules applicable to offici als and other servants of the European Communities. 
In particular, the following legal texts are applicable: Council Regulation (EEC, Euratom, ECSC) No  259/68 of 29 Februa ry 1968 and further 
modifications, 
The Protocol on the Privileges and Immunities of EC (PPI), annexed to the Merger Treaty of 
1965. 
Other agreements between the European Co mmission and Member States regarding the 
functioning of the In stitutions' Services. 
18.1.2 Report of work done in 2007 
In 2007, only one infringement pr oceeding was launched against a Member State. It concerns 
the application of the Headquarters Agre ement between the Commission and Belgium 
regarding European Schools in  Belgium and their operation. 
 
18.2  Changes underway 
Recent changes in the staff policy which may require additional implementation/transposition 
work  
The adhesion of new Member States will requir e new agreements for the transfer of pension 
rights of staff who had origina lly worked in those countries. The particularity of Admin's 
activity in relation to possible in fringement proceedings is that  there are constant contacts 
between the institution's administration and the competent authorities in Belgium and 
 
EN 238   EN Luxembourg which serve to anticipate and alleviate questions which could otherwise lead to 
such proceedings  
 
19  BUDGET 
19.1 Current position 
19.1.1 Existing measures in force The existing legal measures in the budgetary area  relate to the procedure for the financing of 
the EU budget through three main own resources:  traditional own reso urces, the VAT-based 
own resource and the complementary resource based on Member States ' GNI. In particular, 
the following legal texts are applicable: 
– Article 269 EC, 
– Council Decision 2000/597/EC, Euratom on the system of the Communities' own 
resources, 
– Council Regulation (EC, Euratom) No 1150/2000 implementing the above 
decision, 
– Council Regulation (EEC, Euratom) No  1553/89 on the definitive uniform 
arrangements for the collection of own resources accruing from value added tax. 
Additionally, budgetary rece ipts are obtained under Articles 3 and 4 of the Protocol on the 
Privileges and Immunities of EC (PPI), annexed to the Merger Treaty of 1965. 
19.1.2 Report of work done in 2007 
Main 2007 activities 
DG BUDG does not manage a partic ular Community policy. Its ro le in the control of the 
application of the Community law is to ensure  the correct functioning of the Community own 
resources system and the PPI. Related actions consist in control activities made by the 
Commission inspectors and thei r legal and accounting follow-up. 
In 2007, DG BUDG detected 114 anomalies in th e area of traditional own resources and set 
53 reservations in the area of VAT/GNI . Correspondingly, 272 and respectively 85 
accounting documents were generated for poten tial corrective payments  (principal amounts 
and belated interest) by Member States. As in previous years, only a very limited number of 
detected anomalies had to be treated as infr ingements, as they are regularly discussed 
bilaterally with Member States and presente d to the Advisory Committee on Own Resources. 
Therefore, such anomalies could be usually solved  at these initial stages. As far as the PPI is 
concerned, its application was closely monitored and all issues  could be solved bilaterally 
without starting infringement proceedings. 
Assistance was given to new EU-2 Member Stat es in a view of a smooth implementation of 
the PPI provisions to their na tional legislative environment. 
 
EN 239   EN In 2007, DG BUDG managed rather a limited number of infringement files, all of them in the 
area of traditional own res ources: 31 active files were open on 1 January 2007. During the 
year 2007 DG BUDG proposed an d obtained 13 decisions of th e Commission consisting of 5 
letters of formal notice (inc luding one 228), 3 reasoned opinions , 2 referrals to the ECJ and 
closure of 3 files. Two of the new pre-l itigation procedures concerned an erroneous 
application of customs rules to the importation of  bananas resulting in an important impact on 
the Communities' own resources. One case concerned Portugal's refusal to make available an amount of own resources relating to unexported sugar stocks dating back before Portugal's 
membership in the EC and, finally, one new ca se was started against Germany following its 
erroneous interpretation of the own resources legislation in re lation to the customs optional 
guarantee instrument. The Commission also deci ded to refer jointly to the ECJ two cases 
relating to the interpretation of the belated interest mechanism applicable to the Communities' own resources (C-275/07 against Italy). Among three closed files, in one case (A2005/2314) 
the Netherlands managed to prove the lack of in fringement to the EC law and for another two 
cases (A2005/2350 and A2006/2036), Germany deci ded to accept the Commission's claims. 
Beside the above actions, DG BUDG focused on securing the follow-up and appropriate 
assistance to the Legal Service on a group of 9 infringement procedures  lodged to ECJ (duty-
free military importations cases). Other activities concerned the follow-up of cases already 
decided by the Court (C-546/03, C-377/03, C-378/03, C- 105/02). In respect of the latter cases 
DG BUDG opened only one 228 infri ngement file (C-546/03) since the execu tion of ECJ 
decisions in the budgetary area involve important  data research work to be executed by 
Member States so as to identify the exact pr incipal amounts of own resources at stake and, 
finally, the amounts of belated interest related thereto. 
In 2007 the ECJ took one substa ntial decision concerning DG BUDG's competence (case C-
19/05 against Denmark) in which it shared the Commission's standpoint. Moreover, in two 
other cases (T-177/05 and T-350/05) , the ECJ rejected Finland's appeals against TFI decisions 
where the Member State aimed at obliging the Commission to negotiate an agreement on special conditions under which Finland would ma ke a conditional payment of the amounts at 
stake and the Commission would be obliged to refer its military importation case against 
Finland to the Court. 
Taking into account the 2002 Communication on improving the control of Community law 
The principle of sound financial management is applied (as expressed in article 73 of the 
Financial Regulation). This means in practi ce that infringements are evaluated under the 
aspects of their gravity and their impact on the budget and treated correspondingly. Legal 
actions were only taken if preliminary correspon dence and/or discussions with Member States 
in the Advisory Committee for Own Res ources did not solve the controversy.  
Petitions of EP in relation to budget infringements 
No petitions received 
 
19.2  Changes underway 
 Recently adopted measures due to enter into force which may require additional work 
 
EN 240   EN In 2007 there was one new legal act related to the own resources area: The Council Decision 
2007/436/CE, Euratom of 7.06.2007, which is still und er ratification in Member States. In 
order to assure immediate application of that decision DG BUDG has already started 
preparing a proposal for a Council Regulation that will align current Regulation 1150/2000 to 
the new rules once they enter into force. 
 New measures due to be adopted which may require specific implementation / 
transposition work 
The area of own resources and PPI consists of the measures that are directly applicable 
(Regulations, Council Decision). Therefore no implementation and transposition work is 
necessary. 
 Volume of enquiries, complaints, infri ngements work and petiti ons, and prioritization 
among them 
The relatively small number of infringement file s in the budgetary area in general relate to the 
relations between the Member States and the Co mmunity in the context of financing of the 
EU budget. So far, DG BUDG has been dealing with only one complaint file, transferred from 
another DG. All other cases had been de tected by the Commission inspectors or 
communicated by other DGs. 
All BUDG files relate to reco very of established amounts r eceivable on the base of the 
Financial Regulation provisions and its implem enting rules. Owing to the principle of budget 
equilibrium, the budgetary infringe ment files have to be treated in a particular manner due to 
their specific nature – any infringement to fi nancing rules by one Memb er State results in a 
proportional increase of own resources to be ma de available by the other Member States. Due 
to this mechanism, the Commission has almost no discretion either in starting, or in closing 
infringement proceedings. So far, the Commissi on has never decided on waiving recovery of 
debts attributed to Member States, and such s ituations seem unlikely in the context of the 
equal treatment of Member States and th e principle of sound financial management. 
DG BUDG has very limited discreti on in the treatment of budgetary infringement cases, what 
leaves little room for prioriti zation between the files. Though, mo re attention is made to files 
where large amounts of own resources are at stak e and/or where the infringements relate to 
systemic irregularities.  
19.3  Evaluation 
All in all, Member States respect the legisl ation concerning the Communities' own resources 
and PPI. Few particular infringement cases de tected by the Commission controllers do not 
change the general picture of timely and pr ompt financing of the EU budget by Member 
States. The current infringement outlook in the sect or is stable and reflec ts the solidity of the 
legislative framework. For the area of trad itional own resources, beside two groups of 
infringement cases (9 military cases, 6 post-clearance recovery cases), detected anomalies refer to particular customs operations in the past and principally do not reflect current 
systemic problems in application of the EU law. 
DG BUDG will continue the recovery of amounts  due by Member States, in accordance with 
the principle of sound financial management.
 
EN 241   EN  
ANNEX I  
 LIST OF MEASURES IN FORCE AND OTHER RELEVANT INSTRUMENTS REFERRED 
TO IN THE TEXT OF THE DOCUMENT  
 
1. EMPLOYMENT,  SOCIAL  AFFAIRS  AND  EQUAL  OPPORTUNITIES 
List of measures in force 
1.1 Free movement of workers and coordi nation of social security schemes 
– Regulation (EEC) No 1612/68372 on freedom of movement for workers within the 
Community 
– Regulation (EEC) No 1408/71373 on the coordination of so cial security schemes 
– Directive 2004/38/EC374 in relation to the monitoring of its application to the residence 
rights of workers and their family members 
– Directive 98/49/EC375 in relation to the monitoring of its application on safeguarding the 
supplementary pension rights of employed a nd self-employed persons moving within the 
Community 
1.2 Labour Law 
1.2.1 Working conditions – Directive 96/71/EC
376 of the European Parliament a nd of the Council of 16 December 
1996 concerning the posting of workers in the framework of the provision of services 
– Council Directive 97/81/EC377 of 15 December 1997 concerning the Framework 
Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex : 
Framework agreement on part-time work; 
                                                 
372 Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers 
within the Community, OJ L 257, 19.10.1968 
373 Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security 
schemes to employed persons and their families moving within the Community, OJ L 148, 5.6.1974 
374 JLS is in charge of the control of transposition; EMPL  is associated to that work in relation to workers 
and their family members.  
375 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of 
employed and self-employed persons moving within the Community, OJ L 209, 25.7.1998 
376 OJ L 18, 21.1.1997, p. 1–6 
377 OJ L 14, 20.1.1998, p. 9–14 
 
EN 242   EN – Council Directive 98/23/EC378 of 7 April 1998 on the extens ion of Directive 97/81/EC on 
the framework agreement on part-time work  concluded by UNICE , CEEP and the ETUC 
to the United Kingdom of Great Britain and Northern Ireland; 
– Council Directive 1999/70/EC379 of 28 June 1999 concerning the framework agreement on 
fixed-term work concluded by ETUC, UNICE and CEEP; 
– Council Directive 1999/63/EC380 of 21 June 1999 concerning the Agreement on the 
organisation of working time of seafarer s concluded by the European Community 
Shipowners Association (ECSA)  and the Federation of Transport Workers' Unions in the 
European Union (FST); 
– Council Directive 2000/79/EC381 of 27 November 2000 concerning the European 
Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport 
Workers' Federation (ETF), the European Cockpit Association (E CA), the European 
Regions Airline Association (ERA) and the In ternational Air Carrier Association (IACA); 
– Directive 2003/88/EC
382 of the European Parliament a nd of the Council of 4 November 
2003 concerning certain aspects of th e organisation of working time; 
– Council Directive 2005/47/EC383 of 18 July 2005 on the Agreement between the 
Community of European Railways (CER) and the European Transport Workers’ 
Federation (ETF) on certain aspe cts of the working conditions of mobile workers engaged 
in interoperable cross-border se rvices in the railway sector; 
1.2.2 Information and consultation of workers 
– Council Directive 94/45/EC384 of 22 September 1994 on the es tablishment of a European 
Works Council or a procedure in Community -scale undertakings and Community-scale 
groups of undertakings for the purposes of informing and consulting employees; 
– Council Directive 97/74/EC385 of 15 December 1997 extending, to the United Kingdom of 
Great Britain and Northern Ireland, Directive 94/45/EC on the establishment of a European 
Works Council or a procedure in Community -scale undertakings and Community-scale 
groups of undertakings for the purposes of informing and consulting employees 
– Council Directive 2006/109/EC386 of 20 November 2006 adapting Directive 94/45/EC on 
the establishment of a European Works Co uncil or a procedure in Community-scale 
undertakings and Community-scale groups of undertakings for the purposes of informing 
and consulting employees, by reason of th e accession of Bulgaria and Romania; 
                                                 
378 OJ L 131, 5.5.1998, p. 10–10 
379 OJ L 244, 16.9.1999, p. 64–64 
380 OJ L 167, 2.7.1999, p. 33–37 
381 OJ L 302, 1.12.2000, p. 57–60 
382 OJ L 299, 18.11.2003, p. 9–19 
383 OJ L 195, 27.7.2005, p. 15–17 
384 OJ L 254, 30.9.1994, p. 64–72 
385 OJ L 365, 31.12.1994, p. 46–51 
386 OJ L 363, 20.12.2006, p. 416–417 
 
EN 243   EN – Council Directive 2001/86/EC387 of 8 October 2001 supplementing the Statute for a 
European company with regard to the involvement of employees; 
– Council Directive 2003/72/EC388 of 22 July 2003 supplementing the Statute for a European 
Cooperative Society with regard to  the involvement of employees; 
– Directive 2002/14/EC389 of the European Parliament an d of the Council of 11 March 2002 
establishing a general framework for informing and consulting employees in the European 
Community - Joint declaration of the Eu ropean Parliament, the Council and the 
Commission on employee representation; 
1.2.3 Protection of workers 
– Council Directive 91/383/EEC390 of 25 June 1991 supplementing the measures to 
encourage improvements in the safety and health at work of workers with a fixed- duration 
employment relationship or a te mporary employment relationship; 
– Council Directive 91/533/EEC391 of 14 October 1991 on an employer's obligation to 
inform employees of the conditions applicable to the contract or em ployment relationship; 
– Council Directive 94/33/EC392 of 22 June 1994 on the protection of young people at work; 
– Council Directive 98/59/EC393 of 20 July 1998 on the approximation of the laws of the 
Member States relating to  collective redundancies; 
– Council Directive 80/987/EEC394 of 20 October 1980 on the ap proximation of the laws of 
the Member States relating to th e protection of employees in th e event of the insolvency of 
their employer; 
– Directive 2002/74/EC395 of the European Parliament a nd of the Council of 23 September 
2002 amending Council Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of em ployees in the event of the insolvency of 
their employer; 
– Council Directive 2001/23/EC
396 of 12 March 2001 on the approximation of the laws of 
the Member States relating to the safeguard ing of employees' rights in the event of 
transfers of undertakings, businesses or parts of undertakings  or businesses; 
                                                 
387 OJ L 294, 10.11.2001, p. 22–32 
388 OJ L 207, 18.8.2003, p. 25–36 
389 OJ L 80, 23.3.2002, p. 29–34 
390 OJ L 206, 29.7.1991, p. 19–21 
391 OJ L 288, 18.10.1991, p. 32–35 
392 OJ L 216, 20.8.1994, p. 12–20 
393 OJ L 225, 12.8.1998, p. 16–21 
394 OJ L 283, 28.10.1980, p. 23–27 
395 OJ L 270, 8.10.2002, p. 10–13 
396 OJ L 82, 22.3.2001, p. 16–20 
 
EN 244   EN 1.2.4  Implementation and application reports  
– Implementation reports concerning the trans position of Directives  91/383/EEC, 97/81/EC, 
1999/70/EC, 96/71/EC in the 10 new Member States  
– Implementation reports concerning the tr ansposition of Directives 2001/23/EC and 
80/987/EC (as amended by 2002/74/EC) in all 25 Member States  
– Implementation reports concerning Direc tives 91/533/EEC, 94/45/EC (extended by 
97/74/EC) and 98/59/EC in the 10 new Member States  
– Implementation reports concerning Direct ives 2001/86/EC, 2002/14/EC and 2003/72/EC 
in all 25 Member States  
– Implementation reports concerning Directives  94/33/EC and 2003/88/EC in the 10 new 
Member States  
– Implementation report concerning Directiv e 2000/34/EC in the EU-15 Member States  
– Implementation reports concerning Directiv es 1999/63/EC, 2000/79/EC in all 25 Member 
States  
 
1.3 Health and safety at work 
At present, the following health and safety at  work directives are in force, adopted under 
Article 137 EC:  
Council Directive 89/391/EEC397 of 12 June 1989 on the introduction of measures to 
encourage improvements in the safety and health of workers at work; 
Council Directive 89/654/EEC398 of 30 November 1989 concerning the minimum safety and 
health requirements for the workplace (first individual directive within the meaning of 
Article 16(1) of Directive 89/391/EEC); 
Council Directive 89/655/EEC399 of 30 November 1989, concerning the minimum safety and 
health requirements for the use of work equipment  by workers at work (second individual 
directive within the meaning of Article 16(1)  of Directive 89/391/EEC), as amended by :  
• Council Directive 95/63/EC400 of 5 December 1995 amending Directive 
89/655/EEC concerning the minimum safety  and health requirements for the 
use of work equipment by workers at work;  
• Directive 2001/45/EC401 of the European Parliament and of the Council of 27 
June 2001 amending Council Directive 89/655/EEC concerning the minimum 
                                                 
397 OJ L 183, 29.6.1989, p.1. 
398 OJ L 393, 30.12.1989, p.1. 
399 OJ L 393, 30.12.1989, p.13. 
400 OJ L 335, 30.12.1995, p.28. 
 
EN 245   EN safety and health requirements for th e use of work equipment by workers at 
work; 
Council Directive 89/656/EEC402 of 30 November 1989 on the minimum health and safety 
requirements for the use by workers of personal  protective equipment  at the workplace 
(third   individual directive within the mean ing of Article 16(1) of Directive 89/391/EEC);  
Council Directive 90/269/EEC403 of 29 May 1990 on the minimum health and safety 
requirements for the manual handling of loads where there is a risk particularly of back 
injury to workers (fourth individual directiv e within the meaning of Article 16(1) of 
Directive 89/391/EEC); 
Council Directive 90/270/EEC404 of 29 May 1990 on the minimum safety and health 
requirements for work with display screen equipment  (fifth individual directive within 
the meaning of Article 16(1) of Directive 89/391/EEC);  
Directive 2004/37/EC405  of the European Parliament and of the Council of 29 April 2004 on 
the protection of workers from th e risks related to exposure to carcinogens or mutagens at 
work (sixth individual directive within th e meaning of Article 16(1) of Directive 
89/391/EEC - Codification  of Directive 90/394/EEC);  
Directive 2000/54/EC406 of the European Parliament and of the Council of 18 September 
2000 on the protection of workers from  risks related to exposure to biological agents  at 
work (seventh individual directive within the meaning of Article  16(1) of Directive 
89/391/EEC) -  Codification of Directive 90/679/EEC; 
Council Directive 92/57/EEC407 of 24 June 1992 on the implem entation of minimum safety 
and health requirements at temporary or mobile construction sites  (eight individual 
directive within the meaning of Arti cle 16(1) of Directive 89/391/EEC); 
Council Directive 92/58/EEC408 of 24 June 1992 on the minimum requirements for the 
provision of safety and/or health signs at work (ninth individual Directive within the 
meaning of Article 16(1) of Directive 89/391/EEC);  
Council Directive 92/91/EEC409 of 3 November 1992 concerning the minimum requirements 
for improving the safety and heal th protection of workers in the mineral-extracting 
industries through drilling (eleventh individual directive w ithin the meaning of Article 
16(1) of Directive 89/391/EEC );  
                                                                                                                                                         
401 OJ L 195, 19.7.2001, p.46.  
402 OJ L 393, 30.12.1989, p.18. 
403 OJ L 156, 21.6.1990, p.9. 
404 OJ L 156,21.6.1990, p.14. 
405 OJ L 229, 29.6.2004, p.23.  
406 OJ L 262, 17.10.2000, p.21.  
407 OJ L 245, 26.8.1992, p.6. 
408 OJ L 245, 26.8.1992, p.23. 
409 OJ L 348, 28.11.1992, p.9. 
 
EN 246   EN Council Directive 92/104/EEC410 of 3 December 1992 on the minimum requirements for 
improving the safety and health protection of workers in surface and underground 
mineral-extracting industries (twelfth individual directive within the meaning of Article 
16(1) of Directive 89/391/EEC);  
Council Directive 93/103/EC411 of 23 November 1993 concer ning the minimum safety and 
health requirements for work on board fishing vessels  (thirteenth individual directive 
within the meaning of Article 16(1) of Directive 89/391/EEC); 
Council Directive 98/24/EC412 of 7 April 1998 on the protection of the health and safety of 
workers from the risks related to chemical agents  at work (fourteenth  individual directive 
within the meaning of Article 16(1) of Directive 89/391/EEC); 
Commission Directives establishing indicative exposure limit values: 
• Commission Directive 91/322/EEC413  of 29 May 1991 on establishing indicative 
limit values by   implementing Council Di rective 80/1107/EEC on the protection of 
workers from the risks related to exposure to chemical, physical and biological agents 
at work, 
• Commission Directive 2000/39/EC414 of 8 June 2000  establishing a first list of 
indicative occupational exposure limit values  in implementation of Council Directive 
98/24/E on the protection of the health and safe ty of workers from the risks related to 
chemical agents at work, 
•  Commission Directive 2006/15/EC415 of 7 February 2006 estab lishing  a second list of 
indicative occupational exposure limit values  in implementation of Council Directive 
98/24/EC and amending Directiv es 91/322/EEC and 2000/39/EC; 
Directive 1999/92/EC416 of the European Parliament and of the Council of 16 December 
1999 on minimum requirements for improving the safety and health protection of workers 
potentially at risk from explosive atmospheres  (fifteenth individual directive within the 
meaning of Article 16(1) of Directive 89/391/EEC); 
Directive 2002/44/EC417 of the European Parliament and of the Council of 25 June 2002 on 
the minimum health and safety requirements re garding the exposure of workers to the risk 
arising from physical agents (vibration) (sixteenth individual directive within the 
meaning of Article 16(1) of Directive 89/391/EEC); 
                                                 
410 OJ L 404, 31.12.1992, p.10. 
411 OJ L 307, 13.12.1993, p.1. 
412 OJ L131, 5.5. 1998, p.11.  
413 OJ L177, 5.7. 1991, p.22.  
414 OJ L 142, 16.6.2000, p.47.  
415 OJ L 38, 9.2.2006, p.36. 
416 OJ L 23, 28.1.2000, p.57. 
417 OJ L 177, 6.7.2002, p.13. 
 
EN 247   EN Directive 2003/10/EC418 of the European Parliament and of  the Council of 6 February 2003 
on the minimum health and safety requirements  regarding the exposure  of workers to the 
risk arising from physical agents (noise) (seventeenth individual directive within the 
meaning of Article 16(1) of Directive 89/391/EEC); 
Directive 2004/40/EC419 of the European Parliament a nd of the Council of 29 April 2004 on 
the minimum health and safety requirements re garding the exposure of workers to the risks 
arising from physical agents (electromagnetic fields)  (18th individual Directive within 
the meaning of Article 16(1) of Directive 89/391/EEC); as amended by Directive 
2008/46/EC420 
Directive 2006/25/EC421 of the European Parliament and of the Council of 5 April 2006 on 
the minimum health and safety requirements regarding the exposure of workers to risks 
arising from physical agents (artificial optical radiation) (19th individual Directive 
within the meaning of Article 16(1) of Directive 89/391/EEC); 
Council Directive 92/29/EEC422 of 31 March 1992 on the minimum safety and health 
requirements for improved medical treatment on board vessels ; 
Council  Directive 83/477/EEC423 of 19 September 1983 on the pr otection of workers from 
the risks related to exposure to asbestos  at work, as amended by: 
• Council Directive 91/382/EEC424 of 25 June 1991 amending directive 83/477/EEC 
on the protection of workers from the risks related to exposure to asbestos at work, 
• Directive 2003/18/EC425, of the European Parliament and of the Council of 27 March 
2003 amending Council directive 83/477/EEC on the protection of workers from the 
risks related to exposure to asbestos at work; 
Directive 2007/30/EC426 of the European Parliament and of the Council of 20 June 2007 
amending Council Directive 89/391/EEC, its indi vidual Directives and Council Directives 
83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and 
rationalising the reports on practical implementation . 
                                                 
418 OJ L 42, 15.2.2003, p.38. 
419 OJ L 184, 24.5.2004, p.1. 
420 OJ L 114, 26.4.2008, p. 88  
421 OJ L 114, 27.4.2006, p.38. 
422 OJ L 113, 30.4.1992, p.19. 
423 OJ L 263, 24.9.1983, p.25. 
424 OJ L 206, 29.7.1991, p.16. 
425 OJ L 97, 15.4.2003, p.48. 
426 OJ L 165, 27.6.2007, p.21. 
 
 
EN 248   EN 1.4 Anti-discrimination and gender equality 
1.4.1 Gender equality – Directive 2006/54/EC
427 of the European Parliament and of the Council of 5 July 2006 on 
the implementation of the principle of equa l opportunities and equal treatment of men and 
women in matters of employment and occupation (recast) 
– Council Directive 2004/113/EC428 of 13 December 2004 implementing the principle of 
equal treatment between men and women in th e access to and supply of goods and services 
– Directive 2002/73/EC429 of the European Parliament a nd of the Council of 23 September 
2002 amending Council Directive 76/207/EEC on the implementation of the principle of 
equal treatment for men and women as regard s access to employment,  vocational training 
and promotion, and working conditions 
– Council Directive 97/80/EC430 of 15 December 1997 on the burden of proof in cases of 
discrimination based on sex 
– Council Directive 96/97/EC431 of 20 December 1996 amending Directive 86/378/EEC on 
the implementation of the principle of equal treatment for men and women in occupational 
social security schemes 
– Council Directive 96/34/EC432 of 3 June 1996 on the framework agreement on parental 
leave concluded by UNICE, CEEP and the ETUC 
– Council Directive 92/85/EEC433 of 19 October 1992 on the introduction of measures to 
encourage improvements in the safety and health  at work of pregnant workers and workers 
who have recently given birth or are breastfeeding (tenth individual Directive within the 
meaning of Article 16 (1) of Directive 89/391/EEC) 
– Council Directive 86/613/EEC434 of 11 December 1986 on the app lication of the principle 
of equal treatment between men and women e ngaged in an activity, including agriculture, 
in a self-employed capacity, and on the protection of self-employed women during 
pregnancy and motherhood 
– Council Directive 86/378/EEC435 of 24 July 1986 on the implementation of the principle of 
equal treatment for men and women in occupational social security schemes 
– Council Directive 79/7/EEC436 of 19 December 1978 on the progressive implementation of 
the principle of equal treatment for men a nd women in matters of social security 
                                                 
427 OJ L 204, 26.7.2006 
428 OJ L 373, 21.12.2004 
429 OJ L 269, 5.10.2002 
430 OJ L 14, 20.1.1998 
431 OJ L 151, 18.6.1999 
432 OJ L 145, 19.6.1996 
433 OJ L 348, 28.11.1992 
434 OJ L 359, 19.12.1986 
435 OJ L 241, 3.9.1997 
 
EN 249   EN – Council Directive 76/207/EEC437 of 9 February 1976 on the implementation of the 
principle of equal treatment for men and women as regards access to employment, 
vocational training and promotion, and working conditions 
– Council Directive 75/117/EEC438 of 10 February 1975 on the approximation of the laws of 
the Member States relating to the applicatio n of the principle of equal pay for men and 
women. 
1.4.2 Anti-discrimination 
– Council Directive 2000/78/EC439 of 27 November 2000 establishing a general framework 
for equal treatment in employment and occupation 
– Council Directive 2000/43/EC440 of 29 June 2000 implementing the principle of equal 
treatment between persons irrespecti ve of racial or  ethnic origin. 
 
2 ENERGY  AND TRANSPORT 
2.1 List of measures in force  EC Treaty, Part Three 
– Title III – Free movement of persons, services and capitals (in connection with energy and 
transport) 
– Title V – Transport 
– Title VI – Common rules on competition, taxation and approximation of laws 
– Title XV – Transeuropean networks 
– Title XIX – Environment (in connect ion with energy and transport) 
Euratom Treaty, Title II   
– Chapter 3 – Health and Safety 
– Chapter 4 – Investment 
– Chapter 6 – Supplies 
– Chapter 7 – Safeguards 
                                                                                                                                                        
 
436 OJ L 6, 10.1.1979 
437 OJ L 39, 14.2.1976 
438 OJ L 45, 19.2.1975 
439 OJ L 303, 2.12.2000 
440 OJ L 180, 19.7.2000 
 
EN 250   EN – Chapter 8 – Property Ownership 
– Chapter 9 – The Nuclear Common Market 
– Chapter 10 – External relations 
The secondary law derived from these provisi ons represents a tota l of 174 directives, 40 
regulations and a considerable numbe r of decisions and recommendations. 
A list of the Community acquis  managed by DG TREN (sta tus 31st December 2004) is 
available at 
http://ec.europa.eu/dgs/energy_t ransport/regulation/index_en.htm  
The texts of current Community legislatio n on energy and trans port are available, 
respectively, in section 12 and s ection 07 of the EUR-Lex database 
http://eur-lex.europa.eu/en/repert/index.htm  
Concerning in particular the Euratom Treaty, a list of acquis  and case-law can be consulted in 
the annexe to the Commission's staff wo rking paper [SEC(2007)347] accompanying the 
Communication on the 50 years of the Euratom Treaty [COM(2007)124 final] at 
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=CELEX:52007SC0347:EN:NOT  
 
2.2 Legal basis for controlling the applic ation of the Community acquis on energy 
and transport  
DG TREN contributes to the Commission's duties as  a Guardian of the Treaties by using all 
means granted by the Treaties and secondary  legislation, which are the following: 
Primary law  
A number of provisions of the Treaties vest the Commission with sp ecific powers that are 
relevant for DG TREN activities: 
– Articles 226 / 228 EC + 141 / 143 Euratom : so called "infringement procedures". 
– Article 73 
– Article 76 EC – examination of transport ra tes and conditions involving any element of 
support or protection in the interest of one or  more particular undert akings or industries. 
– Article 77 EC – The Commission may issue recommendations on the charges or dues in 
respect of the crossing of fron tiers which are charged in addition to the transport rates. 
– Article 88 EC – State aids (transport). If the State concerned does not comply with the 
Commission's decision within the prescribed time, it may, in derogation from the provisions of Article 226 EC, refer the matter to the Court of Justice direct. 
 
EN 251   EN – Article 33 Euratom – verification of  conformity of draft legislat ion in the field of radiation 
protection and education and training (the  Commission may issue recommendations). 
– Article 37 Euratom – assessment of national plans for the release of radioactive waste into 
the environment, before approval by the national authorities. 
– Article 38 Euratom – in cases of urgency, th e Commission shall issue a directive requiring 
the Member State concerned to take, within  a period laid down by the Commission, all 
necessary measures to prevent infringement  of the basic standards and to ensure 
compliance with regulations. Possible direct re ferral to the Court, in derogation from the 
provisions of Article 141 Euratom. 
– Title II, Chapter 7 Euratom: inspections on nuclear safeguards, and in particular: 
– Article 77: the Commission shall satisfy its elf that, in the territories of member 
states, (a) ores, source materials and special  fissile materials are not diverted from 
their intended uses as declared by the us ers; (b) the provisions relating to supply 
and any particular safeguarding obligati ons assumed by the community under an 
agreement concluded with a third state or an international organisation are 
complied with. 
– Article 78: Operators shall declare to  the Commission the basic technical 
characteristics of the installations, to the extent that knowledge of these 
characteristics is necessary for the attainment of the objectives set out in Article 
77. 
– Article 81: The Commission's nuclear inspec tors (Commission's staff!) shall at all 
times have access to all places and data a nd to all persons who, by reason of their 
occupation, deal with mate rials, equipment or installations subject to the 
safeguards. If the carrying out of an in spection is opposed, it can be carried out 
compulsorily (after decision of the presiden t of the Court of Justice or even, after 
Commission's written order, if there is danger in delay. 
– Article 82 Euratom – in case of infri ngement to the safeguards provisions 
established by its safeguards inspectors, the Commission may issue a directive calling upon the member state concerne d to take, by a time limit set by the 
commission, all measures necessary to bring such infringement to an end. 
Possible direct referral to the Court, in  derogation from the provisions of Article 
141 Euratom. 
– Article 83 Euratom – in the event of an infringement on the part of persons or 
undertakings of the obliga tions on nuclear safeguards, the Commission may 
impose the following sanctions, in order of  severity : (a) a warning ; (b) the 
withdrawal of special benefits such as financial or technical assistance ; (c) the 
placing of the undertaking for a period not exceeding four months under the administration of a person or board appointed by common accord of the Commission and the state having jurisdic tion over the undertaking; (d) total or 
partial withdrawal of source materials or special fissile materials. 
– Article 103 Euratom – assessment of draft intern ational agreements in the fields of the 
Euratom Treaty. 
 
EN 252   EN – Article 145 Euratom – if the Commission c onsiders that a person or undertaking has 
committed an infringement of this Treaty (other  than to the safeguards provisions), it shall 
call upon the member state havi ng jurisdiction over that pers on or undertaking to cause 
sanctions to be imposed in respect of the in fringement in accordance with its national law. 
If the state concerned does not  comply with such a request within the period laid down by 
the Commission, the latter may bring an action before the Court of justice to have the 
infringement of which the person or  undertaking is accused established. 
Secondary law 
– Maritime security . Inspections carried out  by DG TREN staff, ba sed on Article 9(4) of 
Regulation (EC) no 725/2004 of the European Pa rliament and of the Council of 31 March 
2004 on enhancing ship and port facility security. 
– Aviation security . Inspections carried out by DG TREN  staff on the basis of Commission 
Regulation Commission Regul ation (EC) No 1486/2003 of 22 August 2003 laying down 
procedures for conducting Commission inspections  in the field of civil aviation security. 
– Inspections by executive agencies . Through secondary legislati on, a number of Agencies 
have been created with inspecting powers. Th ese Agencies have the duty to report to the 
Commission (DG TREN) on the ou tcome of the inspections. Ba sed on Articles 211 EC and 
124 Euratom, the Commission has a duty to ca refully examine the in spection reports in 
order to identify possible bre aches (not necessarily highli ghted in the report). This 
concerns the following agencies: 
(1) European Aviation Safety Agency, created by Regulation (EC) No 1592/2002 on 
common rules in the field of civil aviation and establishing a European Aviation Safety Agency (EASA)); and 
(2) European Maritime Safety Agency (EMSA) (Regulation (EC) No 1406/2002 
establishing a European Maritime Safety Agency). 
2.3 List of communication aiming at reporting on tasks related to the 
implementation of community law in energy and transport  
Energy 
– Commission staff working document - Acco mpanying document to the Communication 
from the Commission to the Council and the European Parliament - Prospects for the 
internal gas and electricit y market - Implementation report (COM(2006) 841 final). 
– Communication from the Commission to the Council and the European Parliament - 
Biofuels Progress Report - Report on the progre ss made in the use of biofuels and other 
renewable fuels in the Member States of  the European Union (COM(2006) 845 final) 
– Communication from the Commission to the C ouncil and the European Parliament Green 
Paper follow-up action Report on progress in re newable electricity (COM(2006) 849 final) 
– Commission staff working document on th e principles and modalities of the 
implementation of the European Commission's nuclear safeguards tasks - "Implementing 
Euratom Treaty Safeguards" (S EC(2007)293; not published). 
 
EN 253   EN – Communication from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of Regions: Commission Report on the Application of Council Regul ation (EC) N° 1407/2002 on  State Aid to the 
Coal Industry (COM(2007) 253 final) 
– Communication from the Commission to the Council and the European Parliament - 
Report on the experience gained in the appl ication of the Regulation (EC) No 1228/2003 
"Regulation on Cross-Border Exchanges in El ectricity" Industry (COM(2007) 531 final) 
– Commission Decision concerning the adoption of the Report of the European Atomic 
Energy Community for the 4th Review meeting of Contracting Parties to the Convention 
on Nuclear Safety (CNS) to be held in Vienna, starting 14 April 2008 (C(2007) 4492 
final). 
– Communication from the Comm ission - Summary of Commission (DG TREN) activities 
carried out during 2006 in implementation of T itle II, Chapters 3 to 10, of the Euratom 
Treaty (COM(2007) 646 final) 
– Communication from the Commission to the European Parliament and the Council - 
Second Report on the use of financial resour ces earmarked for the decommissioning of 
nuclear installations, spent fuel and radioa ctive waste (COM(2007) 794 final; accompanied 
by Commission Staff Worki ng Document SEC(2007) 1654). 
– Communication from the Commissi on - Application of Article 35 of the Euratom Treaty - 
Verification of the operation and efficiency of facilities fo r continuous monitoring of the 
level of radioactivity in the air, water and soil - Re port 1990-2007 (COM(2007) 847 final). 
Transport 
– Report from the Commission to the Council, the European Parliament, the European 
Economic and Social Committee and the Comm ittee of the Regions - Trans-European 
transport network Report on the implementa tion of the guidelines  2002-2003 pursuant to 
article 18 of Decision 1692/96/ EC (COM(2007) 094 final). 
– Communication from the Commission to th e Council and the European Parliament: 
Building the Single European Sky through func tional airspace blocks: A mid-term status 
report (COM(2007) 101 final). 
– Communication from the Commission to th e European Parliament and the Council 
pursuant to Article 17 of Regulation [EC]261/2004 on the operation and the results of this 
Regulation establishing common rules on compen sation and assistance to passengers in the 
event of denied boarding and of cancella tion or long delay of flights (COM(2007) 168 
final). 
– Rapport de la Commission au Conseil et au Pa rlement européen sur les conséquences de 
l'exclusion des conducteurs indépendants du  champ d'application de la directive 
2002/15/CE du Parlement européen et du Conseil du 11 mars 2002 relative à l'aménagement du temps de travail des pers onnes exécutant des activités mobiles de 
transport routier; - à transmettre au Parl ement européen, au Conseil, au Comité 
économique et social européen et au Comité des régions, ains i qu'aux parlements nationaux 
(COM(2007) 266 final). 
 
EN 254   EN – Report from the Commission to the European Parliament and the Council on the 
application by the Member States of Directiv e 2000/30/EC of the European Parliament and 
of the Council of 6 June 2000 on the Technical roadside inspec tion of the roadworthiness 
of commercial vehicles circulating in the Commun ity (COM(2007) 270 final). 
– Report from the Commission to the Council, the European Parliament, the European 
Economic and Social Committee and the Committ ee of the Regions - Second report on the 
implementation of Regulation (EC) no 2320/ 2002 on civil aviation security (COM(2007) 
542 final). 
– Report from the Commission to the European Parliament and the Council on the 
application by the Member States of Council Directive 95/50/EC on uniform procedures 
for checks on the transport of dangerous  goods by road (COM(2007) 795 final).  
– Communication from the Commission - First Report on the implementation of the Single 
Sky Legislation achievements and the way forward (COM(2007) 845 final). 
Report from the Commission on the Eu ropean Community SAFA Programme 
(Safety Assessment of Foreign Aircraft ) (Aggregated Information — Report — 30 
April to 31 December 2006(C(2008) 295) 
 
2.4 Recently adopted measures due to enter into force which may require additional 
work  
Energy 
Control of conformity is ongoing and / or guidance is expected for the following directives: 
Title Date of 
publication Transposition 
date 
Directive 2006/117/EURATOM du Conseil du 20 novembre 2006 
relative à la surveillance et au c ontrôle des transferts de déchets 
radioactifs et de combustible nucléaire usé 05/12/2006 25/12/2008 
Directive 2006/108/CE du Conseil du 20 novembre 2006 portant 
adaptation des directives 90/377/CEE et 2001/77/CE dans le 
domaine de l'énergie en raison de l' adhésion de la Bulgarie et de la 
Roumanie 20/12/2006 01/01/2007 
Directive 2006/80/CE de la Commission du 23 octobre 2006 
portant adaptation de certaines directives dans le domaine de l'énergie, en raison de l'adhésion de  la Bulgarie et de la Roumanie 20/12/2006 01/01/2007 
Directive 2006/32/CE du Parlement européen et du Conseil du 5 
avril 2006 relative à l'efficacité énergétique dans les utilisations finales et aux services énergétiques et abrogeant la directive 93/76/CEE du Conseil 27/04/2006 17/05/2006 
17/05/2008 
Directive 2005/89/CE du Parlement européen et du Conseil du 18 04/02/2006 01/12/2007 
 
EN 255   EN janvier 2006 concernant des mesures visant à garantir la sécurité de 
l’approvisionnement en électricité et les investissements dans les 
infrastructures (Texte présentant de l'intérêt pour l'EEE) 
Directive 2005/32/CE du Parlement européen et du Conseil du 6 
juillet 2005 établissant un cadre pour la fixation d'exigences en 
matière d'écoconception applicab les aux produits consommateurs 
d'énergie et modifiant la directive 92/42/CEE du Conseil et les directives 96/57/CE et 2000/55/CE du Parlement européen et du Conseil 22/07/2005 10/08/2007 
Directive 2004/67/CE du Conseil du 26 avril 2004 concernant des 
mesures visant à garantir la sécur ité de l'approvisionnement en gaz 
naturel 29/04/2004 19/05/2006 
Directive 2004/8/CE du Parlement européen et du Conseil du 11 
février 2004 concernant la promotion de la cogénération sur la base 
de la demande de chaleur utile dans  le marché intérieur de l'énergie 
et modifiant la directive 92/42/CEE 21/02/2004 21/02/2006 
Directive 2003/122/EURATOM du Conseil du 22 décembre 2003 
relative au contrôle des sources radioactives scellées de haute activité et des sources orphelines 31/12/2003 31/12/2005 
Directive 2002/91/CE du Parlement européen et du Conseil du 16 
décembre 2002 sur la performan ce énergétique des bâtiments. 04/01/2003 04/01/2006 
In-deep analysis is ongoing of the application of following Regulations: 
– Regulation (EC) No 1775/2005 of  the European Parliament and of the Council of 28 
September 2005 on conditions for access to the natural gas transmission networks (OJ L 
289, 3.11.2005, p. 1–13)  
– Regulation (EC) No 1228/2003 of the European Pa rliament and of the Council of 26 June 
2003 on conditions for access to the network for cross-border exchanges in electricity (Text with EEA (OJ L 176, 15.7.2003, p. 1–10) 
– Council Regulation (Euratom) No 1493/93 on ship ments of radioactive substances between 
Member States. 
Transports 
Control of conformity is ongoing and / or guidance is expected for the following directives: 
Titres Date of 
publication Transposition 
date 
Directive 2007/32/CE de la Commission du 1 er juin 2007 modifiant l’annexe VI de la directive 96/48/CE  du Conseil sur l’interopérabilité du 
système ferroviaire transeuropéen à grande vitesse et l’annexe VI de la directive 2001/16/CE du Parlement européen et du Conseil sur l’interopérabilité du système ferrovi aire transeuropéen conventionnel 02/06/2007 31/12/2007 
 
EN 256   EN Directive 2006/137/CE du Parlement européen et du Conseil du 18 
décembre 2006 modifiant la directive 2006/87/CE établissant les 
prescriptions techniques des bateaux de la navigation intérieure 30/12/2006 30/12/2008 
Directive 2006/90/CE de la Commission du 3 novembre 2006 portant 
septième adaptation au progrès technique de la directive 96/49/CE du 
Conseil relative au rapprochement des législations des États membres 
concernant le transport de marcha ndises dangereuses par chemin de fer  04/11/2006 01/07/2007 
Directive 2006/89/CE de la Commission du 3 novembre 2006 portant 
sixième adaptation au progrès technique de la directive 94/55/CE du 
Conseil relative au rapprochement des législations des États membres 
concernant le transport des ma rchandises dangereuses par route  04/11/2006 01/07/2007 
Directive 2006/87/CE du Parlement européen et du Conseil du 12 
décembre 2006 établissant les prescripti ons techniques des bateaux de la 
navigation intérieure et abrogeant la directive 82/714/CEE du Conseil 30/12/2006 30/12/2008 
DIRECTIVE 2006/38/CE du Parlement européen et du Conseil du 17 mai 
2006 modifiant la directive 1999/62/CE relative à la taxation des poids lourds pour l'utilisation de certaines infrastructures 09/06/2006 10/06/2008 
DIRECTIVE 2006/23/CE du Parlement européen et du 5 avril 2006 
concernant une licence communautaire de contrôleur de la circulation 
aérienne 27/04/2006 17/05/2008 
17/05/2010 
Directive 2006/22/CE du Parlement européen et du Conseil du 15 mars 2006 établissant les conditions minimales à respecter pour la mise en œuvre des règlements du Conseil (CEE) n o 3820/85 et (CEE) n o 3821/85 concernant la législation sociale relative aux activités de 
transport routier et abrogeant la directive 88/599/CEE du Conseil 11/04/2006 01/04/2007 
Directive 2005/65/CE du Parlement européen et du Conseil du 26 octobre 
2005 relative à l’amélioration de la sûreté des ports 25/11/2005 15/07/2007 
Directive 2005/45/CE du Parlement européen et du Conseil du 
7 septembre 2005 concernant la reconnaissance mutuelle des brevets des 
gens de mer délivrés par les États membres et modifiant la directive 
2001/25/CE 30/09/2005 20/10/2007 
Directive 2005/44/CE du Parlement européen et du Conseil du 
7 septembre 2005 relative à des services d'information fluviale (SIF) 
harmonisés sur les voies navigables communautaires 30/09/2005 20/10/2007 
Directive 2005/35/CE du Parlement européen et du Conseil du 
7 septembre 2005 relative à la pollution causée par les navires et à 
l'introduction de sanctions en cas d'infractions 30/09/2005 01/04/2007 
Directive 2005/23/CE de la Commission du 8 mars 2005 modifiant la 
directive 2001/25/CE du Parlement européen et du Conseil concernant le 
niveau minimal de formation des gens de mer 09/03/2005 29/09/2005 
Directive 2005/12/CE de la Commission du 18 février 2005 modifiant les 19/02/2005 12/03/2006 
 
EN 257   EN annexes I et II de la directive 2003/25/CE du Parlement européen et du 
Conseil relative aux prescriptions spéci fiques de stabilité applicables aux 
navires rouliers à passagers 
Directive 2004/54/CE du Parlement européen et du Conseil du 29 avril 
2004 modifiant la décision n° 1692/96/CE sur les orientations 
communautaires pour le développement du réseau transeuropéen de 
transport 30/04/2004 30/04/2006 
Directive 2004/51/CE du Parlement européen et du Conseil du 29 avril 
2004 modifiant la directive 91/440/CEE du Conseil relative au 
développement de chemins de fer communautaires 30/04/2004 31/12/2005 
Directive 2004/50/CE du Parlement européen et du Conseil du 29 avril 
2004 modifiant la directive 96/48/CE du Conseil relative à l'interopérabilité du système ferroviaire transeuropéen à grande vitesse et la directive 2001/16/CE du Parlement européen et du Conseil relative à 
l'interopérabilité du système ferrovi aire transeuropéen conventionnel 30/04/2004 30/04/2006 
Directive 2004/49/CE du Parlement européen et du Conseil du 29 avril 
2004 concernant la sécurité des chemins de fer communautaires et modifiant la directive 95/18/CE du Conseil concernant les licences des entreprises ferroviaires, ainsi que la directive 2001/14/CE concernant la 
répartition des capacités d'infrastruct ure ferroviaire, la tarification de 
l'infrastructure ferroviaire et la certification en matière de sécurité (directive sur la sécurité ferroviaire) 30/04/2004 30/04/2006 
Directive 2004/36/CE du Parlement européen et du Conseil du 21 avril 
2004 concernant la sécurité des aéronefs des pays tiers empruntant les aéroports communautaires 30/04/2004 30/04/2006 
Directive 2003/59/CE du Parlement européen et du Conseil du 15 juillet 
2003 relative à la qualification initiale et à la formation continue des 
conducteurs de certains véhicules rou tiers affectés aux transports de 
marchandises ou de voyageurs, modifi ant le règlement (CEE) n° 3820/85 
du Conseil ainsi que la directive 91/439/CEE du Conseil et abrogeant la 
directive 76/914/CEE du Conseil 10/09/2003 10/09/2006 
In deep analysis is ongoing of the application of following Regulations: 
– Regulation (EC) No 549/2004 of the European Pa rliament and of the Council of 10 March 
2004 laying down the framework for the crea tion of the single European sky (the 
framework Regulation) 
– Regulation (EC) No 550/2004 of the European Pa rliament and of the Council of 10 March 
2004 on the provision of air navigation services in the single European sky (the service 
provision Regulation) 
– Regulation (EC) No 551/2004 of the European Pa rliament and of the Council of 10 March 
2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation) 
 
EN 258   EN – Regulation (EC) No 552/2004 of the European Pa rliament and of the Council of 10 March 
2004 on the interoperabili ty of the European Air Tra ffic Management network (the 
interoperability Regulation) 
– Commission Regulation (EC)  N° 2096/2005 of 20 December 2005 laying down common 
requirements for the provision of air navigation services 
– Commission Regulation (EC)  N° 2150/2005 of 23 December 2005 laying down common 
rules for the flexible use of airspace 
– Directive 2006/23/EC of the European Parlia ment and of the Council of 5 April 2006 on a 
Community air traffi c controller licence 
– Commission Regulation (EC) N°  730/2006 of 11 May 2006 on airspace classification and 
access of flights operated under visual flight rules above  flight level 
– Commission Regulation (EC) N° 1032/2006 of 6 July 2006 laying down requirements for 
automatic systems for the exchange of fli ght data for the purpose of notification, 
coordination and transfer of flight s between air traffic control units 
– Commission Regulation (EC) N° 1033/2006 of 4 July 2006 laying down the requirements 
on procedures for flight plans in the pre- flight phase for the single European sky 
– Commission Regulation (EC)  N° 1794/2006 of 6 December 2006 laying down a common 
charging scheme for air navigation services 
– Council Regulation (EC) N° 219/2007 of 27 Februa ry 2007 on the establishment of a Joint 
Undertaking to develop the new generation European air traffic management system 
(SESAR) 
– Commission Regulation (EC) N° 633/2007 of 7 June 2007 laying down requirements for 
the application of a flight me ssage transfer protocol used for the purpose of notification, 
coordination and transfer of flight s between air traffic control units 
– Commission Regulation (EC) N°  1265/2007 of 26 October 2 007 laying down requirements 
on air-ground voice chan nel spacing for the single European sky 
– Commission Regulation (EC) N°  1315/2007 of 8 November 2007 on safety oversight in air 
traffic management and amending Regulation (EC) N° 2096/2005 
– Regulation (EC) No 561/2006 of the European Pa rliament and of the Council of 15 March 
2006 on the harmonisation of certain social le gislation relating to road transport and 
amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 
– Council Regulation (EC) No 2135/98 of 24 Se ptember 1998 amending Regulation (EEC) 
No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulati ons (EEC) No 3820/84 and (EEC) No 3821/85 
– Regulations (EC) 1899/2006 and 8/2008 of the Eu ropean Parliament and of the Council of 
12 December 2006 amending Council Regulation (EEC) 3922/91 on the harmonisation of technical requirements and administrative pr ocedures in the fiel d of civil aviation 
 
EN 259   EN – Règlement (CE) n o 375/2007 de la Commi ssion du 30 mars 2007 modifiant le règlement 
(CE) n o 1702/2003 de la Commi ssion établissant des règles  d'application pour la 
certification de navigabilité et  environnementale des aéronefs et des produits, des pièces et 
des équipements associés, ainsi que pour la cer tification des organismes de conception et 
de production 
– Règlement (CE) n o 376/2007 de la Commi ssion du 30 mars 2007 modifiant le règlement 
(CE) n o 2042/2003 relatif au maintien de la navigabilité des aéronefs et des produits, 
pièces et équipements aéronautiques, et rela tif à l'agrément des organismes et des 
personnels participant à ces tâches 
– Règlement (CE) n°1321/2007 de la Commissi on du 12 novembre 2007 fixant les modalités 
d’application pour l’enregistrement, dans un ré pertoire central, d’informations relatives 
aux événements de l’aviation civile échangées  conformément à la directive 2003/42/CE du 
Parlement européen et du Conseil 
Règlement (CE) n°1330/2007 de la Commission du 24 septembre 2007 fixant les modalités 
d'application pour la diffusion, auprès des part ies intéressées, des événements de l'aviation 
civile visés à l'article 7, paragr aphe 2, de la direc tive 2003/42/CE du Parlement européen et du 
Conseil 
 
2.5 New measures due to be adopted whic h may require specific implementation / 
transposition work 
Energy 
– Proposal for a Directive amending Directiv e 98/70/EC as regards the specification of 
petrol, diesel and gas-oil and the introduc tion of a mechanism to monitor and reduce 
greenhouse gas emissions from the use of road transport fuels and amending Council 
Directive 1999/32/EC, as regards the specificatio n of fuel used by inla nd waterway vessels 
and repealing Directive 93/ 12/EEC (COM(2007)18 final) 
– 3rd package on internal market for energy (2  directives and 3 re gulations) including: 
Proposal for a Directive amending Directive 2003/54/EC concerning common rules for the 
internal market in electricity (COM(2007)528 final) 
– Proposal for a Directive amending Directive 2003/55/EC concerning common rules for the 
internal market in natu ral gas (COM(2007)529 final) 
– Proposal for a Regulation establishing an Agency for the Cooperation of Energy 
Regulators (COM(2007)530 final) 
– Proposal for a Regulation of the European  Parliament and of the Council amending 
Regulation (EC) No 1228/2003 on conditions fo r access to the network for cross-border 
exchanges in electric ity (COM(2007)531 final) 
– Proposal for a Regulation of the European  Parliament and of the Council amending 
Regulation (EC) No 1775/2005 on conditions for access to the natural gas transmission 
networks (COM(2007)532 final) 
 
EN 260   EN – Proposal for a Directive on the promotion of the use of energy from  renewable sources. 
(COM(2008)19 final) 
Transports 
– Proposal for a Regulation of the European Pa rliament and of the Council on common rules 
for the air transport operations in the Co mmunity replacing Regulations 2407/92, 2408/92 
and 2409/92 (SEC(2006)943; SEC(2006)976) 
– Proposal for a Regulation of the European Pa rliament and of the Council on a Code of 
conduct for computerized reservat ion systems (COM(2007)569 final) 
– Commission Directive 2008/49/EC amending An nex II to Directive 2004/36/EC regarding 
the criteria for the conduct of  ramp inspections on aircra ft using Community airports 
– Commission Regulation (EC) Nº 351/2008 implementing Directive 2004/36/EC as regards 
the prioritisation of ramp inspections on ai rcraft using Community airports aims at 
improving the implementation of the Directive 
– Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 
February 2008 on common rules in the field of civil aviation and esta blishing a European 
Aviation Safety Agency, and repealing C ouncil Directive 91/670/ EEC, Regulation (EC) 
No 1592/2002 and Directive 2004/36/EC 
– Commission Regulation (EC) No 8/ 2008 of 11 December 2007 amending Council 
Regulation (EEC) No 3922/91 as regards common technical requirements and 
administrative procedures applicable to  commercial transportation by aeroplane  
– Proposal for a directive of the European pa rliament and of the Council on the minimum 
level of training of seafarer s (recast) (COM(2006) 610 final) 
– Proposal for a directive of the European Parliament and of the council on safety rules and 
standards for passenger sh ips (COM(2007)737 final) 
– Proposition de Directive du Parlement et du C onseil sur les redevances aéroportuaires 
(COM(2006)820 final) 
– Proposal for a Regulation on a Code of Cond uct for computerised reservation systems 
(COM(2007)709 final) 
– Proposition de directive sur la  sécurité des infrastructure s routières (COM(2006)569 final) 
– Proposition de directive visant à imposer aux autorités publiques la prise en compte dans 
les appels d’offre des avantages des véhi cules les plus performants sur le plan 
environnemental et énergé tique (COM(2005)634 final) 
– Proposition de directive relati ve au transport intérieur des marchandises dangereuses 
(COM(2007)852 final) 
– Proposition de directive concerna nt le respect des obligations  des Etats du pavillon- "Etat 
du pavillon" (COM(2005)586 final) 
 
EN 261   EN – Proposition de directive établissant des rè gles et normes communes concernant les 
organismes habilités à effectue r l'inspection et la visite des navires et les activités 
pertinentes des administrations ma ritimes (refonte) - "Sociétés de 
classification"(COM(2005)587 final) 
– Proposition de directive modifian t la directive 2002/59/ CE relative à la mi se en place d’un 
système communautaire de suivi du trafic des navires et d’information – "Suivi du 
trafic"(COM(2005)589 final) 
– Proposition de directive établissant les prin cipes fondamentaux régissant les enquêtes sur 
les accidents dans le secteur des transports maritimes et modifiant les directives 1999/35/CE et 2002/59/CE – "Enquêtes sur les accidents maritimes" (COM(2005)590 
final) 
– Proposition de règlement relatif à la responsabilité de s entreprises assurant  le transport de 
personnes par mer ou par voie de navigation in térieure en cas d’accident – "Convention 
d'Athènes" (COM(2005)592 final) 
– Proposition de directive relative à la responsabi lité civile et aux garanties financières des 
propriétaires de navires – "Respons abilité civile" (COM(2005)593 final) 
– Proposition de règlement du Parlement Européen et du Conseil relative à la mise en place 
d'un Fonds d'indemnisation pour les dommages dus à la pollution par les hydrocarbures 
dans les eaux européennes et d'autres me sures complémentaires (COM(2000)802 final) 
– Proposition de Directive du Parl ement européen et du Conseil relative à l'interopérabilité 
du système ferroviaire communa utaire (COM(2006)783 final) 
– Proposition de directive modifiant la direct ive 2004/49/CE concernant  la sécurité des 
chemins de fer communautaires (COM(2006)784 final) 
– Proposition de règlement du Parlement europ éen et du Conseil modifiant le Règlement 
(CE) n° 881/2004 du Parlement européen et  du Conseil du 29 avri l 2004 instituant une 
Agence ferroviaire européenne (COM(2006)785 final) 
Proposition de règlement du Parlement européen et du Conseil concernant les compensations 
en cas de non-respect des exigences de qualité c ontractuelles applicables aux services de fret 
ferroviaire (COM (2004)144 final) 
 
3 TAXATION
 AND  CUSTOMS  UNION 
List of measures in force   3.1 Customs 
Relevant Treaty  provisions: 
Art 23-27 ; 
 
EN 262   EN Art 95 ; 
Art 133 ; 
Art 135 . 
Relevant secondary Community law acts: Council Regulation (EEC) No 2913/92; 
Commission Regulation (EEC) No 2454/93; 
The Common Customs Tariff  (Combined Nomenclature and tariff measures): Council 
Regulation (EEC) No  2658/87 on the tariff and statistical no menclature and the duty relief 
legislation (Council Regulation (EEC) No 918/83  of 28 March 1983 setting up a Community 
system of relief from customs duty); 
Regulation (EC) No 1889/2005 of the Euro pean Parliament and of the Council ; 
International agreements  in customs matters or the customs pr ovisions of international agreements; 
Specific legislation on custom s control (counterfeit, drug pr ecursors, cultural goods, cash 
control) in particular : 
Council Regulation (EC) No 1383/2003 ; 
Council Regulation (EC) No 111/2005 ; 
Council Regulation (EEC) No 3911/92 . 
The following webpage contains a list of legal measures in the customs area  adopted since 
2003:  
http://ec.europa.eu/taxation_customs/common/le gislation/legislation/customs/index_en.htm  
 
3.2 Indirect taxation 
• Relevant Treaty  provisions:  
Mainly: 
Art 90 ;  
Additional: Art 39 ; 
 
EN 263   EN Art 49 ; 
Art 43 ; 
Art 56 . 
• Relevant secondary Community law  acts:  
Directive 2007/74/EC ; 
Directive 2006/112/EC (+ 4 amending directives); 
Directive 2006/98/EC ; 
Directive 2006/79/EC ; 
Directive 2003/96/EEC (+ 2 amending directives); 
Directive 95/60/EC ; 
Directive 95/59/EC ; 
Directive 92/84/EEC ; 
Directive 92/83/EEC ; 
Directive 92/80/EEC ; 
Directive 92/79/EEC (+ 3 amending directives); 
Directive 92/12/EEC (+ 4 amending directives);  
Directive 91/680/EEC ; 
Directive 86/560/EEC ; 
Directive 86/247/EEC ; 
Directive 83/648/EEC ; 
Directive 83/183/EEC (+ 1 amending directive); 
Directive 83/182/EEC ; 
Directive 83/181/EEC (+ 3 amending directives); 
Directive 79/1072/EEC ; 
Directive 78/1035/EEC (+ 1 amending directive); 
Directive 78/1032/EEC ; 
Directive 76/308/EEC (+ 5 amending directives); 
 
EN 264   EN Directive 72/230/EEC ; 
Directive 69/463/EEC ; 
Directive 69/169/EEC (+ 8 amending directives); 
Directive 68/297/EEC (+ 1 amending directive). 
The following webpage contains a list of legal measures in the tax area  adopted since 2003: 
http://ec.europa.eu/taxation_customs/common/le gislation/legislation/taxation/index_en.htm  
 
3.3 Direct taxation 
• Relevant Treaty  provisions: 
Art 18 ; 
Art 39  (to 42); 
Art 43 (to 48); 
Art 49  (to 55); 
Art 56  (to 60); 
Art 94 ; 
Art 293 . 
 
• Relevant secondary Community law  acts: 
Directive 69/335/EEC  (+ 4 amending directives); 
Directive 76/308/EEC  (+ 4 amending directives);  
Directive 77/799/EEC  (+2 amending directives); 
Directive 90/434/EEC  (+1 amending directive); 
Directive 90/435/EEC  (+1 amending directive); 
Directive 2003/48/EC ; 
Directive 2003/49/EC  (+1 amending directive).  
 The following webpage contains a list of legal measures in the tax area  adopted since 2003: 
 
EN 265   EN http://ec.europa.eu/taxation_customs/common/le gislation/legislation/taxation/index_en.htm  
 
4  HEALTH  AND  CONSUMER  PROTECTION  
4.1  Food Safety 
1. General 
• Regulation (EC) No 178/2002  of the European Parliament and of the Council of 28 
January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in 
matters of food safety 
 
2. Placing on the market of food , feed and animal by-products 
 
• Regulation (EC) No 852/2004 of the European  Parliament and of the Council of 29 
April 2004 on the hygiene of foodstuffs 
• Regulation (EC) No 853/2004
 of the European Parliament and of the Council of 29 
April 2004 laying down specific hygiene rules for food of animal origin 
• Directive 2004/41/EC  of the European Parliament a nd of the Council of 21 April 2004 
repealing certain Directives concerning f ood hygiene and health conditions for the 
production and placing on the market of certain  products of animal origin intended for 
human consumption and amending Counc il Directives 89/662/EEC and 92/118/EEC 
and Council Decision 95/408/EC  
• Council Directive 92/118/EEC of 17 December 1992 laying down animal health and 
public health requirements governing trade in and imports into the Community of 
products not subject to the said requiremen ts laid down in specific Community rules 
referred to in Annex A (I) to Directive 89/662/EEC and, as re gards pathogens, to 
Directive 90/425/EEC 
• Council Directive 2002/99/EC  of 16 December 2002 laying down the animal health 
rules governing the production, processing, di stribution and introduction of products 
of animal origin for human consumption 
• Regulation (EC) No 1774/2002  of the European Parliament and of the Council of 3 
October 2002 laying down health rules c oncerning animal by-products not intended 
for human consumption 
• Regulation (EC) No 1523/2007  of the European Parliament  and of the Council of 11 
December 2007 banning the placing on the mark et and the import to, or export from, 
the Community of cat and dog fur, and products containing such fur 
 
3. Controls 
 
 
EN 266   EN • Regulation (EC) No 882/2004  of the European Parliament and of the Council of 29 
April 2004 on official controls performed to  ensure the verification of compliance 
with feed and food law, animal health and animal welfare rules 
• Regulation (EC) No 854/2004  of the European Parliament and of the Council of 29 
April 2004 laying down specific rules for the organisation of offi cial controls on 
products of animal origin intended for human consumption 
• Directive 2004/41/EC  of the European Parliament a nd of the Council of 21 April 2004 
repealing certain Directives concerning f ood hygiene and health conditions for the 
production and placing on the market of certain  products of animal origin intended for 
human consumption and amending Counc il Directives 89/662/EEC and 92/118/EEC 
and Council Decision 95/408/EC  
• Council Directive 90/425/EEC  of 26 June 1990 concerning veterinary and 
zootechnical checks applicable in intra-Co mmunity trade in certain live animals and 
products with a view to the completion of the internal market 
• Council Directive 89/662/EEC  of 11 December 1989 concerning veterinary checks in 
intra-Community trade with a view to the completion of the internal market 
• Council Directive 96/93/EC  of 17 December 1996 on the cer tification of animals and 
animal products 
• Council Directive 2002/99/EC  of 16 December 2002 laying down the animal health 
rules governing the production, processing, di stribution and introduction of products 
of animal origin for human consumption 
• Council Directive 89/608/EEC  of 21 November 1989 on mutual assistance between 
the administrative authorities of the Member  States and cooperation between the latter 
and the Commission to ensure the correct appl ication of legislatio n on veterinary and 
zootechnical matters 
• Council Directive 91/496/EEC  of 15 July 1991 laying down the principles governing 
the organization of veterinary checks on animals entering the Community from 
third countries and amending Direct ives 89/662/EEC, 90/425/EEC and 90/675/EEC 
• Council Directive 97/78/EC  of 18 December 1997 layi ng down the principles 
governing the organisation of veterinary checks 
• Council Directive 2002/99/EC  of 16 December 2002 laying down the animal health 
rules governing the production, processing, di stribution and introduction of products 
of animal origin for human consumption 
• Council Directive 91/496/EEC  of 15 July 1991 laying down the principles governing 
the organization of veterinary checks on animals entering the Community from 
third countries and amending Direct ives 89/662/EEC, 90/425/EEC and 90/675/EEC 
• Council Directive 97/78/EC  of 18 December 1997 layi ng down the principles 
governing the organisation of veterinary checks on products entering the Community 
from third countries. 
• Regulation (EC) No 882/2004  of the European Parliament and of the Council of 29 
April 2004 on official controls performed to  ensure the verification of compliance 
with feed and food law, animal health and animal welfare rules 
 
4. Food Safety 
 
 
EN 267   EN • Commission Directive 87/250/EEC  of 15 April 1987 on the indication of alcoholic 
strength by volume in the labelling of alc oholic beverages for sale to the ultimate 
consumer 
• Council Directive 89/396/EEC  of 14 June 1989 on indications or marks identifying the 
lot to which a foodstuff belongs 
• Council Directive 90/496/EEC  of 24 September 1990 on nutrition labelling for 
foodstuffs 
• Directive 2000/13/EC  of the European Parliament and of the Council of 20 March 
2000 on the approximation of the laws of the Member States relating to the labelling, 
presentation and advertising of foodstuffs  
• Regulation (EC) No 1924/2006  of the European Parliament  and of the Council of 20 
December 2006 on nutrition and health claims made on foods 
• Council Directive 89/107/EEC  of 21 December 1988 on the approximation of the laws 
of the Member States concerning food a dditives authorized for use in foodstuffs 
intended for human consumption 
• Council Directive 88/344/EEC  of 13 June 1988 on the approximation of the laws of 
the Member States on extraction solvents used in the production of foodstuffs and 
food ingredients 
• Council Directive 88/388/EEC  of 22 June 1988 on the approximation of the laws of 
the Member States relating to flavourings fo r use in foodstuffs and to source materials 
for their production 
• Council Decision 88/389/EEC  of 22 June 1988 on the establishment, by the 
Commission, of an inventory of the source materials and substances used in the 
preparation of flavourings 
• Regulation (EC) No 2232/96  of the European Parliament  and of the Council of 28 
October 1996 laying down a Community proced ure for flavouring substances used or 
intended for use in or on foodstuffs 
• Regulation (EC) N° 2065/2003  of the European Parliament and of the Council of 10 
November on smoke flavourings used or intended for use in or on foods. 
• Regulation 1935/2004/EC  of the European Parliament  and of the Council of 27 
October 2004 on materials and articles inte nded to come into contact with food 
• Commission Regulation (EC) No 2023/2006  of 22 December 2006 on good 
manufacturing practice for materials and artic les intended to come into contact with 
food 
• Directive 2002/46/EC  of the European Parliament a nd of the Council of 10 June 2002 
on the approximation of the laws of the Me mber States relating to food supplements 
• Regulation (EC) No 1925/2006  of the European Parliament  and of the Council of 20 
December 2006 on the addition of vitamins and minerals and of certain other 
substances to foods 
• Council Directive 89/398/EEC  of 3 May 1989 on the approximation of the laws of the 
Member States relating to foodstuffs in tended for particular nutritional uses 
• Council Directive 92/52/EEC  of 18 June 1992 on infant formulae and follow-on 
formulae intended for export to third countries 
• Council Directive 89/108/EEC  of 21 December 1988 on the approximation of the laws 
of the Member States relating to quick -frozen foodstuffs for human consumption 
• Council Regulation (EEC) No 315/93  of 8 February 1993 laying down Community 
procedures for contaminants in food 
 
EN 268   EN • Regulation (EC) No 258/97  of the European Parliament  and of the Council of 27 
January 1997 concerning novel f oods and novel food ingredients 
• Regulation (EC) N° 1829/2003  of the European Parliament and of the Council of 22 
September 2003 on genetically modified food and feed. 
• Regulation (EC) N° 1830/2003  of the European Parliament and of the Council  of 22 
September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically 
modified organisms and am ending Directive 2001/18/EC. 
• Directive 1999/2/EC
 of the European Parliament a nd of the Council of 22 February 
1999 on the approximation of the laws of th e Member States concerning foods and 
food ingredients treated w ith ionising radiation 
• Directive 1999/3/EC  of the European Parliament a nd of the Council of 22 February 
1999 on the establishment of a Community lis t of foods and food ingredients treated 
with ionising radiation 
• Council Directive 80/777/EEC  of 15 July 1980 on the approximation of the laws of 
the Member States relating to the exploitati on and marketing of na tural mineral waters 
• Commission Directive 2003/40/EC  of 16 May 2003 establishi ng the list, concentration 
limits and labelling requirements for the constituents of natural mineral waters and the 
conditions for using ozone-enriched air for th e treatment of natural mineral waters and 
spring waters 
 
5. Animal health 
 
• Regulation (EC) No 1760/2000  of the European Parliament  and of the Council of 17 
July 2000 establishing a system for the identification and re gistration of bovine 
animals and regarding the labelling of beef  and beef products and repealing Council 
Regulation (EC) No 820/97. 
• Council Directive 64/432/EEC  of 26 June 1964 on animal health problems affecting 
intra-Community trade in bovine animals and swine 
• Council Directive 92/102/EEC  of 27 November 1992 on the identification and 
registration of animals 
• Council Regulation (EC) No 21/2004  of 17 December 2003 establishing a system for 
the identification and registration of ovine and caprine animals and amending 
Regulation (EC) No 178 2/2003 and Directives 92 /102/EEC and 64/432/EEC 
• Council Directive 90/426/EEC  of 26 June 1990 on animal health conditions governing 
the movement and import from third countries of equidae 
• Council Directive 90/427/EEC  of 26 June 1990 on the zootechnical and genealogical 
conditions governing intra-Community trade in equidae 
• Council Directive 2003/85/EC  of 29 September 2003 on Community measures for the 
control of foot-and-mouth disease repea ling Directive 85/511/ EEC and Decisions 
89/531/EEC and 91/665/EEC and am ending Directive 92/46/EEC 
• Council Directive 2001/89/EC  of 23 October 2001 on Community measures for the 
control of classical swine fever 
• Council Directive 2002/60/EC  of 27 June 2002 laying down sp ecific provisions for the 
control of African swine fever and am ending Directive 92/119/EEC as regards 
Teschen disease and African swine fever 
 
EN 269   EN • Council Directive 92/35/EEC  of 29 April 1992 laying down control rules and 
measures to combat African horse sickness 
• Council Directive 2005/94/EC  of 20 December 2005 on Comm unity measures for the 
control of avian influenza a nd repealing Directive 92/40/EEC 
• Council Directive 92/66/EEC  of 14 July 1992 introducing Community measures for 
the control of Newcastle disease 
• Council Directive 2006/88/EC  of 24 October 2006 on animal health requirements for 
aquaculture animals and products thereof, a nd on the prevention a nd control of certain 
diseases in aquatic animals 
• Council Directive 2000/75/EC  of 20 November 2000 layi ng down specific provisions 
for the control and eradication of bluetongue 
• Regulation (EC) No 999/2001  of the European Parliament and of the Council of 22 
May 2001 laying down rules for the preventi on, control and eradication of certain 
transmissible spongiform encephalopathies 
• Regulation (EC) No 2160/2003  of the European Parliament  and of the Council of 17 
November 2003 on the control of  
• Directive 2003/99/EC  of the European Parliament and of the Council of 17 November 
2003 on the monitoring of zoonoses and zoono tic agents, amending Council Decision 
90/424/EEC and repealing C ouncil Directive 92/117/EEC 
• Council Directive 92/119/EEC  of 17 December 1992 introducing general Community 
measures for the control of certain animal diseases and specific measures relating to 
swine vesicular disease 
• Council Directive 82/894/EEC  of 21 December 1982 on the notification of animal 
diseases within the Community 
• Council Directive 64/432/EEC  of 26 June 1964 on animal health problems affecting 
intra-Community trade in bovine animals and swine 
• Council Directive 91/68/EEC  of 28 January 1991 on anim al health conditions 
governing intra-Community trade in ovine and caprine animals 
• Council Directive 90/426/EEC  of 26 June 1990 on animal health conditions governing 
the movement and import from third countries of equidae 
• Council Directive 90/539EEC  of 15 October 1990 on animal health conditions 
governing intra-Community trade in, and im ports from third countries of, poultry 
and hatching eggs 
• Council Directive 2006/88/EC  of 24 October 2006 on animal health requirements for 
aquaculture animals and products thereof, a nd on the prevention and control of certain 
diseases in aquatic animals [01/08/2008] 
• Council Directive 89/556/EEC  of 25 September 1989 on animal health conditions 
governing intra-Community trade in and impor tation from third countries of embryos 
of domestic animals of the bovine species 
• Council Directive 88/407/EEC  of 14 June 1988 laying down the animal health 
requirements applicable to intra-Community trade in and imports of deep-frozen 
semen of domestic animals of the bovine species. 
• Council Directive 90/429/EEC  of 26 June 1990 laying down the animal health 
requirements applicable to intra- Community trade in and imports of semen of 
domestic animals of the porcine species. 
• Council Directive 92/65/EEC  of 13 July 1992 laying down an imal health requirements 
governing trade in and imports into the Community of animals, semen, ova and 
 
EN 270   EN embryos not subject to animal health re quirements laid down in specific Community 
rules referred to in Annex A (I) to Directive 90/425/EEC 
• Council Directive 96/22EC  of 29 April 1996 concerning th e prohibition on the use in 
stockfarming of certain substances having a hormonal or thyrostatic action and of ß-
agonists, and repealing Directives  81/602/EEC, 88/146/EEC and 88/299/EEC 
• Council Decision 1999/879/EC  of 17 December 1999 concerning the placing on the 
market and administration of bovine soma totrophin BST) and repealing Decision 
90/218/EEC. 
• Council Directive 96/23/EC  of 29 April 1996 on measures to monitor certain 
substances and residues thereof in live an imals and animal products and repealing 
Directives 85/358/EEC and 86/469/EEC a nd Decisions 89/187/EEC and 91/664/EEC 
• Council Directive 2004/68/EC  of 26 April 2004 laying dow n animal health rules for 
the importation into and tr ansit through the Community of certain live ungulate 
animals, amending Directives 90/426/EEC  and 92/65/EEC and repealing Directive 
72/462/EEC 
• Council Directive 90/426/EEC  of 26 June 1990 on animal health conditions governing 
the movement and import from third countries of equidae 
• Council Directive 90/539/EEC  of 15 October 1990 on animal health conditions 
governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs 
• Council Directive 89/556/EEC
 of 25 September 1989 on animal health conditions 
governing intra-Community trade in and impor tation from third countries of embryos 
of domestic animals of the bovine species 
• Council Directive 88/407/EEC  of 14 June 1988 laying down the animal health 
requirements applicable to intra- Community trade in and imports of deep-frozen 
semen of domestic animals of the bovine species.  
• Council Directive 90/429/EEC  of 26 June 1990 laying down the animal health 
requirements applicable to intra- Community trade in and imports of semen of 
domestic animals of the porcine species 
• Council Directive 92/65/EEC  of 13 July 1992 laying down an imal health requirements 
governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health re quirements laid down in specific Community 
rules referred to in Annex A (I) to Directive 90/425/EEC 
• Council Directive 98/58/EC
 concerning the protection of animals kept for farming 
purposes 
• Council Directive 1999/74/EC  of 19 July 1999 laying down minimum standards for 
the protection of laying hens. 
• Council Directive 2007/43/EC  of 28 June 2007 laying down minimum rules for the 
protection of chickens kept for meat production. 
• Council Directive 91/629/EEC  of 19 November 1991 laying down minimum standards 
for the protection of calves 
• Council Directive 91/630/EEC  of 19 November 1991 laying down minimum standards 
for the protection of pigs. 
• Council Regulation (EC) No 1/2005  of 22 December 2004 on the protection of 
animals during transport and related opera tions and amending Directives 64/432/EEC 
and 93/119/EC and Regulation (EC) No 1255/97 
• Council Directive 93/119/EC  of 22 December 1993 on the protection of animals at the 
time of slaughter or killing 
 
EN 271   EN • Council Directive 77/504/EEC  of 25 July 1977 on pure- bred breeding animals of the 
bovine species 
• Council Directive 88/661/EEC  of 19 December 1988 on the zoo technical standards 
applicable to breeding anim als of the porcine species 
• Council Directive 89/361/EEC  of 30 May 1989 concerning pure-bred breeding sheep 
and goats. 
• Council Directive 90/427/EEC  of 26 June 1990 on the zootechnical and genealogical 
conditions governing intra-Community trade in equidae 
• Council Directive 90/428/EEC  of 26 June 1990 on trade in equidae intended for 
competitions and laying down the cond itions for participation therein. 
• Council Directive 91/174/EEC  of 25 March 1991 laying  down zootechnical and 
pedigree requirements for the marketi ng of pure-bred animals and amending 
Directives 77/504/EEC and 90/425/EEC 
• Council Directive 94/28/EC  of 23 June 1994 laying down the principles relating to the 
zootechnical and genealogical conditions app licable to imports from third countries of 
animals, their semen, ova and embryos, and amending Directive77/504/EEC on pure-bred breeding animals of the bovine species 
• Council Decision 90/424/EEC
 of 26 June 1990 on expenditure in the veterinary field 
 
6. Feed 
 
• Regulation (EC) No 183/2005  of the European Parliament and of the Council of 12 
January 2005 laying down requirements for feed hygiene 
• Council Directive 70/524/EEC  of 23 November 1970 concerning additives in 
feedingstuffs 
• Regulation (EC) No 1831/2003  of the European Parliament  and of the Council of 22 
September 2003 on additives for use in animal nutrition 
• Council Directive 79/373/EEC  of 2 April 1979 on the circulation of compound 
feedingstuffs 
• Council Directive 96/25/EC  of 29 April 1996 on the circul ation of feed materials, 
amending Directives 70/524/EEC, 74/63/ EEC, 82/471/EEC and 93/74/EEC and 
repealing Directive 77/101/EEC 
• Directive 2002/32/EC  of the European Parliament and the Council of 7 May 2002 on 
undesirable substances in animal feed 
• Council Directive 93/74/EEC  of 13 September 1993 on feedingstuffs intended for 
particular nutritional purposes 
• Council Directive 82/471/EEC  of 30 June 1982 concerning certain products used in 
animal nutrition 
• Council Directive 90/167/EEC  of 26 March 1990 laying down the conditions 
governing the preparatio n, placing on the market and use of medicated feedingstuffs in 
the Community 
 
7. Phytosanitary 
 
 
EN 272   EN • Council Directive 2000/29/EC  of 8 May 2000 on protective measures against the 
introduction into the Community of organism s harmful to plants or plant products and 
against their spread within the Community 
• Council Directive 69/464/EEC  of 8 December 1969 on contro l of Potato Wart Disease 
• Council Directive 69/465/EEC  of 8 December 1969 on control of Potato Cyst 
Eelworm (until 01/06/2010) 
• Council Directive 74/647/EEC  of 9 December 1974 on contro l of carnation leaf-rollers 
• Council Directive 93/85/EC  of 4 October 1993 on control of Potato Ring Rot 
• Council Directive 98/57/EC  of 20 July 1998 on the control of Ralstonia solanacearum  
(Smith) Yabuuchi et al. 
• Council Directive 2006/91/EC  of 7 November 2006 on control of San José Scale 
(Codified version) 
• Council Directive 91/414/EEC  of 15 July 1991 concerni ng the placing of plant 
protection products on the market 
• Council Directive 76/895/EEC  of 23 November 1976 relating to the fixing of 
maximum levels for pesticide residue s in and on fruit and vegetables  
• Council Directive 86/362/EEC  of 24 July 1986 on the fixing of maximum levels for 
pesticide residues in and on cereals 
• Council Directive 86/363/EEC  of 24 July 1986 on the fixing of maximum levels for 
pesticide residues in and on f oodstuffs of animal origin 
• Council Directive 90/642/EEC  of 27 November 1990 on the fixing of maximum levels 
for pesticide residues in and on certain pr oducts of plant origin, including fruit and 
vegetables 
• Regulation (EC) No 396/2005  of the European Parliament and of the Council of 23 
February 2005 on maximum residue levels of pesticides in or on food and feed of 
plant and animal origin and ame nding Council Directive 91/414/EEC 
• Council Directive 66/401/EEC  of 14 June 1966 on the marke ting of fodder plant seed  
• Council Directive 66/402/EEC  of 14 June 1966 on the marketing of cereal seed  
• Council Directive 68/193/EEC  of 9 April 1968 on the marketing of material for the 
vegetative propagation of the vine 
• Council Directive 92/33/EEC  of 28 April 1992 on the marketing of vegetable 
propagating and planting ma terial, other than seed 
• Council Directive 92/34/EEC  of 28 April 1992 on the ma rketing of fruit plant 
propagating material and fruit pl ants intended for fruit production 
• Council Directive 98/56/EC  of 20 July 1998 on the marketing of propagating material 
of ornamental plants 
• Council Directive 1999/105/EC  of 22 December 1999 on the marketing of forest  
• Council Directive 2002/53/EC  of 13 June 2002 on the comm on catalogue of varieties 
of agricultural plant species 
• Council Directive 2002/54/EC  of 13 June 2002 on the marketing of beet seed 
• Council Directive 2002/55/EC  of 13 June 2002 on the marketing of vegetable seed  
• Council Directive 2002/56/EC  of 13 June 2002 on the marketing of seed potatoes  
• Council Directive 2002/57/EC  of 13 June 2002 on the marketing of seed of oil and 
fibre plants  
• Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety 
rights 
 
 
EN 273   EN 4.2 Public Health 
 
 
• Directive 2001/37/EC of the European Parlia ment and of the Council of 5 June 2001 
on the approximation of the laws, regulati ons and administrative provisions of the 
Member States concerning the manufacture, presentation and sale of tobacco products 
• Directive 2002/98/EC of the European Parliament and of  the Council of 27 January 
2003 setting standards of quality and safety for the collection, testing, processing, 
storage and distribution of human blood and blood components and amending 
Directive 2001/83/EC 
• Directive 2003/33/EC of the European Parl iament and of the Council of 26 May 2003 
on the approximation of the laws, regulati ons and administrative provisions of the 
Member States relating to the advertisi ng and sponsorship of tobacco products 
• Directive 2004/23/EC of the European Parl iament and of the Council of 31 March 
2004 on setting standards of quality and safety for the donation, procurement, testing, 
processing, preservation, st orage and distribution of human tissues and cells 
• Commission Directive 2004/33/EC of 22 March 2004 implementing Directive 
2002/98/EC of the European Parliament and of the Council as regards certain 
technical requirements fo r blood and blood components 
• Commission Directive 2005/61/ EC of 30 September 2005 implementing Directive 
2002/98/EC of the European Parliament and of the Council as regards traceability 
requirements and notification of seri ous adverse reactions and events 
• Commission Directive 2005/62/ EC of 30 September 2005 implementing Directive 
2002/98/EC of the European Parliament a nd of the Council as regards Community 
standards and specifications relating to a quality system  for blood establishments 
• Commission Directive 2006/17/ EC of  8 February 2006  implementing Directive 
2004/23/EC of the European Parliament and of the Council as regards certain 
technical requirements for the donation, procur ement and testing of  human tissues and 
cells 
• Commission Directive 2006/86/ EC of 24 October 2006 implementing Directive 
2004/23/EC of the European Parliament and of the Council as regards traceability 
requirements, notification of serious adverse reactions and events and certain technical 
requirements for the coding, processing, pr eservation, storage a nd distribution of 
human tissues and cells 
 
 
EN 274   EN 4.3 Consumers 
 
• Council Directive 85/577/EEC of 20 Decem ber 1985 to protect the consumer in 
respect of contracts negotiated away from business premises 
• Council Directive 87/102/EEC of 22 December 1986 for the approximation of the 
laws, regulations and admini strative provisions of the Member States concerning 
consumer credit 
• Council Directive 87/357/EEC of 25 June 1987  on the approximation of the laws of 
the Member States concerning products whic h, appearing to be ot her than they are, 
endanger the health or safety of consumers 
• Council Directive 90/88/EEC of 22 February 1990 amending Directive 87/102/EEC 
for the approximation of the laws, regulati ons and administrative provisions of the 
Member States concerning consumer credit 
• Council Directive 90/314/EEC of 13 June 1990 on packag e travel, package holidays 
and package tours 
• Council Directive 93/13/EEC of  5 April 1993 on unfair term s in consumer contracts 
• Directive 94/47/EC of the European Par liament and the Council of 26 October 1994 
on the protection of purchasers in respect of certain aspects of contracts relating to the 
purchase of the right to use immova ble properties on a timeshare basis 
• Directive 97/7/EC of the European Parlia ment and of the Council of 20 May 1997 on 
the protection of consumers in respect of distance contracts 
• Directive 98/6/EC of the European Parliame nt and of the Council of 16 February 1998 
on consumer protection in th e indication of the prices  of products offered to 
consumers 
• Directive 98/7/EC of the European Parliame nt and of the Council of 16 February 1998 
amending Directive 87/102/EEC for the appr oximation of the laws, regulations and 
administrative provisions of the Member  States concerning consumer credit 
• Directive 98/27/EC of the European Parl iament and of the Council of 19 May 1998 on 
injunctions for the protection of consumers' interests 
• Directive 1999/44/EC of the European Parl iament and of the Council of 25 May 1999 
on certain aspects of the sale of c onsumer goods and associated guarantees 
• Directive 2001/95/EC of the European Par liament and of the Council of 3 December 
2001 on general product safety  
• Directive 2002/65/EC of the European Par liament and of the Council of 23 September 
2002 concerning the distance marketing of c onsumer financial services and amending 
Council Directive 90/619/EEC and Di rectives 97/7/EC and 98/27/EC 
• Directive 2005/29/EC of the European Parl iament and of the Council of 11 May 2005 
concerning unfair business-to-c onsumer commercial practices  in the internal market 
and amending Council Directive 84/450/EEC , Directives 97/7/EC, 98/27/EC and 
2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 
2006/2004 of the European Parliament an d of the Council (‘Unfair Commercial 
Practices Directive’) 
Directive 2006/114/EC of the European Parlia ment and of the Counc il of 12 December 2006 
concerning misleading and comparativ e advertising (codified version)  
 
EN 275   EN 5 JUSTICE,  FREEDOM  AND  SECURITY 
List of measures in force   
Please note that the list does not include legal instruments adopted under Title VI of the EU 
Treaty. 
 
5.1 Fundamental rights 
Article 6 of the Treaty on European Union and a general principl e of Community law 
according to which Member States must respect fundamental rights when implementing Community law 
5.2 Citizenship 
• Article 12 of the Treaty establ ishing the European Community 
• Articles 17 to 22 of the Treaty esta blishing the European Community 
• Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for 
the exercise of the right to vote and stand as a candidate in elections to the European 
Parliament for citizens of the Union residing  in a Member State of which they are not 
nationals (OJ L 329 of 30 December 1993, p. 34); 
• Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for 
the exercise of the right to vote and to sta nd as a candidate in municipal elections by 
citizens of the Union residing in a Member Stat e of which they are no t nationals OJ L 368 
of 31 December 1994, p. 38); 
– Council Directive 96/30/EC of 13 May 1996 amending Directive 94/80/EC laying 
down detailed arrangements for the exercise  of the right to vote and to stand as a 
candidate in municipal elec tions by citizens of  the Union residing in a Member 
State of which they are not nati onals OJ L 122 of 22 May 1996, p. 14); 
– Council Directive 2006/106/EC of 20 November 2006 adapting Directive 
94/80/EC laying down detailed arrangements for the exercise of the right to vote 
and to stand as a candidate in munici pal elections by citizens of the Union 
residing in a Member State of which th ey are not nationals, by reason of the 
accession of Bulgaria and Romania OJ L 363 of 20 December 2006, p. 409). 
5.3 Data Protection 
• Article 286 of the Treat y establishing the European Community 
• Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 
2000 on the protection of individuals with regard  to the processing of personal data by the 
Community institutions and bodi es and on the free movement of such data (OJ L 8 of 12 
January 2001, p. 1). 
 
EN 276   EN • Directive 95/46/EC of the European Parliame nt and of the Council of 24 October 1995 on 
the protection of individuals w ith regard to the processing of personal data and on the free 
movement of such data OJ L 281 of 23 November 1995, p. 31). 
5.4 Asylum and immigration 
• Council Regulation (EC) No 343/2003 of 18 Febr uary 2003 establishing the criteria and 
mechanisms for determining the Member State responsible for examining an asylum 
application lodged in one of the Member Stat es by a third-country national (OJ L 50 of 25 
of February 2003, p.1); 
• Commission Regulation (EC) No 1560/2003 of  2 September 2003 laying down detailed 
rules for the application of Council Regulati on (EC) No 343/2003 establishing the criteria 
and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member Stat es by a third-country national (OJ L 222 of 5 
September 2003, p. 1); 
• Council Regulation (EC) No 2725/2000 of  11 December 2000 concerning the 
establishment of 'Eurodac' for the comparison of fingerprints for the effective application 
of the Dublin Convention (OJ L 316 of 15 December 2000, p.1);  
• Council Regulation (EC) No 407/2002 of 28 Febr uary 2002 laying down certain rules to 
implement Regulation (EC) No 2725/2000 concer ning the establishment of "Eurodac" for 
the comparison of fingerprints for the effectiv e application of the D ublin Convention (OJ L 
62 of 5 March 2002, p. 1); 
• Regulation (EC) No 1987/2006 of the Europe an Parliament and of the Council of 20 
December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381 of 28 December 2006, p. 4); 
• Regulation (EC) No 1986/2006 of the Europe an Parliament and of the Council of 20 
December 2006 regarding access to the Second Generation Schengen Information System 
(SIS II) by the services in the Member States  responsible for issuing vehicle registration 
certificates (OJ L 381 of 28 December 2006, p. 1); 
• Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 
2007 on Community statistics on migration a nd international protection and repealing 
Council Regulation (EEC) No 311/76 on the comp ilation of statistics on foreign workers 
(OJ L 199 of 31 July 2007, p. 23); 
• Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for 
residence permits for third-country na tionals (OJ L 157 of 15 June 2002, p. 1); 
• Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an 
immigration liaison officers network (OJ L 64 of 2 of March 2004, p. 1). 
• Council Directive 2001/40/EC of 28 May 2001 on the mutual r ecognition of decisions on 
the expulsion of third country nationals OJ L 149 of 2 June 2001, p. 34); 
 
EN 277   EN • Council Directive 2001/51/EC of 28 June 2001 supplementing the pr ovisions of Article 26 
of the Convention implementing the Schengen Agreement of 14 June 1985 OJ L 187 of 10 
July 2001, p. 45); 
• Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving 
temporary protection in the event of a mass influx of displaced persons and on measures 
promoting a balance of efforts between Memb er States in receiving such persons and 
bearing the consequences thereo f OJ L 212 of 7 August 2001, p. 12); 
• Council Directive 2002/90/EC of 28 Nove mber 2002 defining the facilitation of 
unauthorised entry, transit and residen ce OJ L 328 of 5 December 2002, p. 17); 
• Council Directive 2003/9/EC of  27 January 2003 laying down minimum standards for the 
reception of asylum seekers OJ L 31 of 6 February 2003, p. 18); 
• Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification 
OJ L 251 of 3 October 2003, p. 12); 
• Council Directive 2003/109/EC of 25 November  2003 concerning the status of third-
country nationals who are long-term resi dents OJ L 16 of 23 January 2004, p. 44); 
• Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for 
the purposes of removal by air OJ L 321, 6 December 2003, p. 26); 
• Council Directive 2004/81/EC of 29 April 2004 on the residen ce permit issued to third-
country nationals who are victim s of trafficking in human be ings or who have been the 
subject of an action to  facilitate illegal immigration, who cooperate with the competent 
authorities OJ L 261 of 6 August 2004, p. 3 and 19); 
• Council Directive 2004/83/EC of 29 Apri l 2004 on minimum standards for the 
qualification and status of third country nationa ls or stateless persons as refugees or as 
persons who otherwise need international pr otection and the content of the protection 
granted OJ L 304 of 30 September 2004, p. 2 and 12); 
• Council Directive 2004/114/EC of 13 Decembe r 2004 on the conditions of admission of 
third-country nationals for the purposes of  studies, pupil exchange, unremunerated training 
or voluntary service OJ L 375, 23 December 2004 of p. 12); 
• Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting 
third-country nationals for the purposes of sc ientific research OJ L 289 of 3 November 
2005, p. 15); 
• Council Directive 2005/85/EC of  1 December 2005 on minimum standards on procedures 
in Member States for granting and withdraw ing refugee status OJ  L 326 of 13 December 
2005, p. 13). 
5.5 Borders and visas 
• Regulation (EC) No 562/2006 of the European Pa rliament and of the Council of 15 March 
2006 establishing a Community Code on the ru les governing the movement of persons 
across borders (Schengen Borders C ode) (OJ L 105 of 13 April 2006, p.1); 
 
EN 278   EN • Regulation (EC) No 1931/2006 of the Europe an Parliament and of the Council of 20 
December 2006 laying down rules on local border tr affic at the external land borders of the 
Member States and amending the provisions of the Schengen Conven tion (OJ L 405 of 30 
December 2006, p.1); 
• Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for 
visas (OJ L 164, of 14 July 1995, p. 1), amended by: 
• Council Regulation (EC) No 334/2002 of 18 Febr uary 2002 (OJ L 53 of 23 February 2002, 
p. 7); 
• Council Regulation (EC) NO 539/2001 of 15 Marc h 2001 listing the third countries whose 
nationals must be in possession of visas wh en crossing the external borders and those 
whose nationals are exempt from that re quirement (OJ L 81 of 21 March 2001, p. 1), 
amended by: 
– Council Regulation (EC) No 2414/2001 of 7 December 2001 (OJ L 327 of 12 
December 2001, p.1); 
– Council Regulation (EC) No 453/2003 of 6 March 2003 (OJ L 69 of 6 March 
2003, p. 10); 
– Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141 of 4 June 2005, 
p. 3); 
– Council Regulation (EC) No 1932/2006 of  2 June 2005 (OJ L 405 of 30 
December 2006, p. 23); 
• Council Regulation (EC) No 789/2001 of 24 April 2001 reservin g to the Council 
implementing powers with regard to certain de tailed provisions and practical procedures 
for examining visa applications  (OJ L 116 of 26 April 2001, p. 2); 
• Council Regulation (EC) No 1091/2001 of 28 Ma y 2001 on freedom of movement with a 
long-stay visa (OJ L 150 of 6 June 2001, p. 4); 
• Council Regulation (EC) No 333/2002 of 18 Febr uary 2002 on a uniform format for forms 
for affixing the visa issued by Member Stat es to persons holding travel documents not 
recognised by the Member State drawing up the form (OJ L 53 of 23 February 2002, p. 4); 
• Council Regulation No 1030/2002/EC of 13 June  2002 laying down a uniform format for 
residence permits for third-country nati onals (OJ L 157 of 15 June 2002, p. 1) and 
Commission Decision of 14 August 2002 laying dow n the technical specifications for the 
uniform format for residence permits for third country nationals (not published); 
• Council Regulation (EC) No 415/2003 of 27 Febr uary 2003 on the issue of visas at the 
border, including the issue of such visas to s eamen in transit (OJ L 64 of 7 March 2003, p. 
1); 
• Council Regulation 693/2003/EC of 14 April 2003 establishing  a specific Facilitated 
Transit Document (FTD), a Fa cilitated Rail Transit Document (FRTD) and amending the 
Common Consular Instructions  and the Common Manual (O J L 99 of 17 April 2003, p. 8); 
 
EN 279   EN • Council Regulation No 694/2003 of 14 April 2003 on uniform formats for Facilitated 
Transit Documents (FTD and Facilitated Rail Transit Documents (FRTD) provided for in 
Regulation (EC) No 693/2003 (O J L 99 of 17 April 2003, p. 15). 
• Council Directive 2004/82/EC of 29 Apr il 2004 on the obligati on of carriers to 
communicate passenger data OJ L 261 of 6 August 2004, p. 4 and 24). 
5.6 Judicial cooperation in civil matters 
• Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 
160 of 30 June.2000, p.1); 
– Council Regulation (EC) No 603/2005 of 12 April 2005 amending the lists of 
insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings (OJ L 100 of 20 April, 2005, p 1); 
– Council Regulation (EC) No 694/2006 of 27 April 2006 amending the lists of 
insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings, (OJ L 121 of 6 May 2006, p. 1); 
– Council Regulation (EC) No 681/2007 of 13 June 2007 amending the lists of 
insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings (OJ L 159 of 20 June 2007, p. 1); 
• Council Regulation (EC) No 2201/2003 of 27 Nove mber 2003 concerning jurisdiction and 
the recognition and enforcement of judgments in matrimonial matters and the matters of 
parental responsibility, repealing Regul ation (EC) No 1347/2000 (OJ L 338 of 23 
December 2003, p. 1); 
• Council Regulation (EC) No 2116/2004 of 2 December 2004 amending Regulation (EC) 
No 2201/2003 concerning jurisdiction and the r ecognition and enforcement of judgments 
in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, as regards treaties with the Holy See (OJ L 367 of 14 December 
.2004, p. 1); 
• Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member 
States of judicial and extraj udicial documents in civil and commercial matters (OJ L 160 of 
30 June 2000, p.37); 
• Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the 
recognition and enforcement of judgments in civil and commercial matters (OJ L 012 of 16 
January 2001, p.1); 
– Corrigendum to Council Regulation (EC)  No 44/2001 of 22 December 2000 on 
jurisdiction and the recognition and enfo rcement of judgments in civil and 
commercial matters (OJ L 307 of 24 November 2001, p. 28); 
 
EN 280   EN – Commission Regulation (EC) No 14 96/2002 of 21 August 2002 amending Annex 
I (the rules of jurisdiction referred to in  Article 3(2) and Article 4(2)) and Annex 
II (the list of competent courts and aut horities) to Council Regulation (EC) No 
44/2001 on jurisdiction and the recognition and enforcement of judgements in 
civil and commercial matters (OJ L 225 of 22 August 2002, p. 13); 
– Commission Regulation (EC) No 1937/ 2004 of 9 November 2004 amending 
Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction 
and the recognition and enforcement of j udgments in civil and commercial matters 
(OJ L 334 of 10 November 2004, p. 3); 
– Commission Regulation (EC) No 2 245/2004 of 27 December 2004 amending 
Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of j udgments in civil and commercial matters 
(OJ L 381 of 28December 2004, p. 10); 
• Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the 
courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 
174 of 27 June 2001, p. 1); 
• Council Regulation (EC) NO 743/2002 of 25 Ap ril 2002 establishing a general Community 
framework of activities to f acilitate the implementation of judicial cooperation in civil 
matters (OJ L 115 of 1 May 2002 p. 1); 
• Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 
2004 creating a European Enforcement Order fo r uncontested claims (OJ L 143 of 30 April 
2004, p.15); 
– Commission Regulation (EC) No 1869/ 2005 of 16 November 2005 replacing the 
Annexes to Regulation (EC) N° 805/2004 of the European Parliament and of the 
Council creating a European Enforcement Order for uncontested claims (OJ L 300 
of 17 November 2005, p. 6); 
• Regulation (EC) establishing a European payment order procedure No 1896/2006 of 12 
December 2006 (OJ L 399 of 30 December 2006, p.1); 
• Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 
2007 establishing a European Small Claims Procedure (OJ L 199 of 31 July 2007, p. 1); 
• Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 
2007 on the law applicable to non-contractual obligations (Rome II) (O J L 199 of 31 July 
2007, p. 40). 
• Council Directive 2002/8/EC of 27 January 2003 to improve acc ess to justice in cross-
border disputes by establishing minimum co mmon rules relating to legal aid for such 
disputes OJ L 26 of 31 January 2003, p. 41); 
• Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims 
OJ L 261 of 6 August 2004, p. 2 and 15). 
 
EN 281   EN 5.7 Free movement of persons 
• Directive 2004/38/EC of the Eu ropean Parliament and of th e Council of 29 April 2004 on 
the right of citizens of the Union and their family members to move  and reside freely 
within the territory of the Member Stat es amending Regulation (EEC) No 1612/68 and 
repealing Directives 64/221/EEC, 68/ 360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 
75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Text with EEA relevance) (OJ L 
158 of 30 April 2004, p. 77). 
5.8 Security 
Directive 2006/24/EC of the European Parlia ment and of the Council of 15 March 2006 on 
the retention of data generated or processe d in connection with the provision of publicly 
available electronic communicatio ns services or of public communications networks and 
amending Directive 2002/58/EC OJ L 105 of 13 April 2006, p. 54) 
 
JLS acquis 
A comprehensive list of JLS acquis in force is publicly available on the JLS EUROPA 
website :  http://ec.europa.eu/justice_home/ doc_centre/intro/doc_intro_en.htm