COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91):321 final 
Brussels, 16 October 1991 
EIGHTH ANNUAL REPORT 
TO THE EUROPEAN PARLIAMENT 
ON COMMISSION MONITORING 
OF THE APPLICATION OF COMMUNITY LAW 
1990 
(presented by the Commission) 
«fc-
ifÉST;-
SEC(91)8167/Rev.2-EN 
ANNUAL REPORT TO THE EUROPEAN PARLIAMENT 
VTIIth Report 
I. INTROCOCTIQN 
II. SECTOR-BY-SECTOR ANALYSIS 
A. A Europe without frontiers 
1. Removal of physical barriers 
(a) Customs Union 
(b) Free movement of products 
2. Abolition of technical barriers 
(a) Free movement of goods 
(b) Market in services and capital 
(c) Freedom to provide financial services, direct taxation and 
company law 
3. Removal of tax barriers 
4. Free movement of persons 
(a) Ban on discrimination 
(b) Entry and residence 
(c) Recognition of diplomas 
(d) Access to employment in the public service 
5. Consumer policy and product safety 
Progress in implementing Directives 
B. Employment and social policy 
1. Equal treatment 
2. Social security 
3. Health and safety of workers 
4. Working conditions 
Progress in implementing Directives 
C. Common agricultural and fisheries policies 
1. Common agricultural policy 
2. Common fisheries policy 
Progress in implementing Directives 
D. Competition 
1. Public undertakings 
2. Monopolies 
E. Transport 
1. Road transport 
2. Inland waterways 
3. Air transport 
Progress in implementing Directives 
F. Environment 
1. Protection of wild fauna and flora 
2. Quality of water 
3. Quality of the air 
4. Noise 
5. Waste and dangerous substances 
Progress in implementing Directives 
G. Energy 
Petroleum products 
Progress in Implementing Directives 
H. External dimension 
1. External relations 
2. Development cooperation 
Progress in implementing Directives 
I. Statistical, administrative and budgetary questions 
1. Statistics 
2. Community staff 
3. Budget 
Progress in implementing Directives 
III. TABLES. CHARTS AND SUMMARIES 
IV. ANNEXES 
1. Annex A 
2. Annex B 
3. Annex C 
- I -
INTRODUCTION 
1. The Eighth Annual Report on the application of Community law by the 
Member States deals with the monitoring of the application of Community law 
during 1990. Like its predecessors1 it represents a response to the 
desire expressed by the European Parliament in its Resolution of 
9 February 1983.2 
2. As in the past the report gives a general sector-by-sector analysis, 
which is followed by a set of tables, charts and graphs and two substantial 
annexes: 
a summary of infringements of the Treaties and Regulations at 
31 December 1990 and of infringement proceedings terminated during 1990 
(Annex A); 
a review showing the stage reached in the application of Directives at 
31 December 1990 and the situation concerning infringements of 
Directives (Annex B). 
3. This year the Commission has sought to improve the presentation of its 
report so as to provide clearer and more systematic information. It has 
taken account of a number of remarks made by Parliament (notably in the 
Inglewood Report) and of concerns expressed by the Member States; they 
wish to be given a clearer picture of the situation in each of the 
Community's main policy areas. 
4. The annual report has accordingly been restructured to give practical 
effect to these various suggestions. Among other things: 
better balance has been sought between the various policy areas, though 
the part on Europe without frontiers still inevitably accounts for the 
largest share; 
a new table has been incorporated covering action taken to date on 
complaints by major policy area (subdivided into cases on which no 
action was taken and cases in which infringement proceedings were 
commenced); 
First annual report 001(84)181 final, 20.4.1984. 
Second annual report 0QM(85)149 final, 23.4.1985. 
Third annual report 00M(86)204 final, 3.6.1986, published in OJ C 220, 
1.9.1986. 
Fourth annual report O0M(87)250 final, 24.8.1987, published in 
OJ C 338, 16.12.1987. 
Fifth annual report 001(88)425 final, 13.9.1988, published in OJ C 310, 
5.12.1988. 
Sixth annual report 001(89)411 final, 22.12.1989, published in 
OJ C 330, 30.12.1989. 
Seventh annual report 001(90)288 final, 22.5.1990, published in 
OJ C 232, 17.9.1990. 
OJ C 68, 14.3.1983. 
-li­
tanies on requests for preliminary rulings, broken down by Member 
State, type of court and policy area. 
The Commission has increased the emphasis laid on the transposition of 
Directives, for it wishes to stress the importance of this question. At 
the end of each, chapter in the sector-by-sector analysis, there are two 
tables: 
summary of infringement proceedings relating to Directives; 
progress in implementing Directives applicable in each policy area. 
Annex C contains a report on the implementation of environmental directives 
as requested by the Dublin European Council (June 1990). 
5. The summaries and tables in the report give rise to the following 
conclusions: 
(a) As regards the means of detecting infringements: 
(i) The number of complaints registered continues to grow (up 
from 1 195 in 1989 to 1 252 in 1990), showing that citizens are 
taking an increasingly active role in the effective creation of a 
Community based on law. Table 12 sums up the actual results; 
(ii) as regards cases detected by the Commission's own inquiries, the 
increase recorded in 1989 (352 cases) was not repeated (down 
to 283 cases in 1990). 
(b) The number of letters of formal notice continued to increase sharply 
(up from 664 in 1989 to 960 in 1990). As before, the internal market, 
agriculture and the environment are the main areas in which 
infringement proceedings have been œmmenced. This reflects the 
stepping-up of the Commission's activity relating to the implementation 
of Community law, and especially of Directives. 
(c) The number of reasoned opinions also increased in 1990 (251 as 
against 180 in 1989), but was still relatively low in comparison with 
the number of letters of formal notice. 
(d) The number of actions brought before the Court of Justice was down on 
the previous year (77 compared with 94 in 1989), which reflects the 
Commission's objective of using the Article 169 procedure to settle 
infringement cases rather than to sanction them at all costs. 
- Ill -
(e) In its use of the Article 169 procedure the Commission has laid special 
emphasis on the implementation of Directives by the Member States. It 
now routinely (every two months) issues letters of formal notice when 
Member States have not notified national measures implementing 
Directives which are due for implementation (491 cases since this new 
procedure was established in July 1990). 
The table below shows the situation regarding the implementation of 
directives (notification of implementing measures) at 31 December 1990: 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
889 
872 
886 
907 
885 
885 
862 
884 
874 
895 
917 
852 Directives 
for which 
measures 
have been 
notified 
816 
842 
845 
775 
828 
828 
787 
723 
788 
834 
771 
806 % 
91.7 
96.6 
95.3 
85.4 
93.5 
93.5 
91.2 
81.7 
90.1 
93.1 
84 
94.6 
The importance of these figures, however, should not be overestimated, 
since basic Directives and amending Directives are treated on the same 
footing. 
- IV -
The rate of notification should not blind the reader to the fact that a 
series of Directives have not been properly incorporated or implemented, 
and infringement proceedings are in hand accordingly. 
The tables in the text for each policy area break these aggregates down and 
help to make it clear that the Member States' efforts are not confined to 
the internal market. 
6. In 1990 the Commission's activities did not consist solely of bringing 
Article 169 proceedings, but also of developing or supporting other 
measures to improve the application of Community law: 
(a) first of all, greater transparency has been aimed at. While observing 
its duty of discretion on matters subject to its own administrative 
proceedings, the Commission continued to improve the flow of 
information to the press on important cases of infringements and 
regularization of infringements. Moreover, national measures 
implementing Directives are now accessible to the public on the CELEX 
database and, for matters concerning the internal market, on the 
INFO 92 database; 
(b) efforts have been made to increase the awareness of national political 
leaders, chiefly in connection with measures to step up pressure on the 
Member States to incorporate Community instruments into national law; 
(c) in parallel with this, contacts between Commission departments and 
national authorities concerning the implementation of Community law 
have been stepped up. This takes the form of horizontal and vertical 
meetings, informal contacts, exchanges of officials, etc. Some of the 
results of these contacts are already in evidence; more should emerge 
in the years ahead; 
(d) the Council has introduced the interconnection principle, which means 
that in their national implementing measures Member States explicitly 
refer to the Directive being incorporated; 
(e) a procedure for the codification of Community law has been introduced 
at the Publications Office to improve the accessibility of Community 
law for Community citizens and thereby improve their familiarity with 
it; 
(f) subject to the powers which remain with the Member States, Community 
support has been given to new measures to promote awareness and 
teaching of Community law in addition to existing measures: 
_ v -
- the Jean Monnet plan; 
- the ERASMUS programme; 
- contacts with professional associations; 
- seminars and conferences for practising lawyers; 
- support for postgraduate courses; 
- support for the establishment of associations of European lawyers to 
promote closer cooperation between lawyers and courts in Europe and 
exchanges between lawyers. 
7. More generally, the Commission made a series of suggestions to the 
Intergovernmental Conference on Political Union so as to help solve, among 
other problems, the problem of delays in giving effect to judgments of the 
Court of Justice. Its suggestions were based on three ideas: 
the possibility of financial penalties where effect is not given to a 
judgment; 
more direct liability of a Member State towards the victims of 
infringements, the idea being that where the Court finds that an 
infringement has been committed it would have the power to declare that 
the Member State is liable to compensate persons harmed by it; 
promotion of anything which will help to strengthen cooperation between 
the Member States, Article 5 of the EEC Treaty being the basis here. 

-1-
II. SBGim-BY-SHCTQR ANALYSIS 
A. A EUROPE WTEBDUT FRONTIERS 
As the pace of Council Decisions towards establishing the single market 
quickens, the number of Community acts which the Member States are required 
to incorporate into national law or implement at national level has grown. 
Of the 173 measures adopted as at 31 December 1990, 134 were already in 
force, 109 of them requiring action by the Member States to incorporate 
them in national law. 
Since 1989 the Commission has been stressing the importance of 
incorporating Community legislation into national law fully and within the 
required timescale so as to meet the 1992 deadline. The provisions set out 
in the White Paper must be put into effect quickly and properly for the 
sake of later progress towards European integration and the Community's 
credibility on the international stage. The delays occurring in certain 
Member States can only obstruct progress towards the establishment of the 
single market. 
The crucial importance of this aspect of the establishment of the single 
market has prompted the Commission to take a number of initiatives. 
The primary object of these is to underline the political dimension of 
applying the new provisions to establish the area without internal 
frontiers for which the Single Act calls. That is why special reports on 
the progress achieved in implementing the White Paper measures have been 
submitted to the Council and Parliament since 1989. At an informal meeting 
in Dromoland Castle in March 1990 the Council took stock of the situation 
and noted that the Commission intended to step up its efforts to quicken 
the pace at which provisions already in force were put into effect. 
Progress on the incorporation of Community law is discussed in contacts 
with national political leaders and is the subject of "package" meetings 
between the Commission and national government departments. The first 
point of this is to instil a sense of responsibility in terms of the 1992 
target at the various levels of the decision-making inachinery; the second 
is to keep attention focused on the need to adhere to the deadlines laid 
down by the legislative programme in the White Paper. 
Openness as to the state of progress in iinplementation is a fundamental 
factor here; it is ensured both by the issuing of regular reports and by 
releasing to the public a data base called INFO 92 whose users can keep a 
running check on the progress of single market legislation and the 
transposing of Community law. 
As part of its action to encourage the incorporation of Community law into 
national law, the Commission also promotes exchanges of information between 
the national bodies responsible for implementation, as follows: 
joint consultation between national government departments before 
provisions enter into force is going ahead on an experimental basis in 
a number of fields, such as academic qualifications, television, 
medical products, builders' materials, public procurement and banking; 
the practice will be extended to other fields (agri-foodstuffs, the 
so-oalled new approach); 
since 1990 there have been regular meetings between national 
coordinators of the 1992 programme to exchange views on the methods 
each Member State uses to cope with the growing pace of legislative 
output by the Council and to discuss other, broader questions which 
arise in the context of establishing the single market; 
joint management of the economic area of the single market calls for 
further exchanges of officials between national government departments 
in several areas (technical rules, qualifications and public 
contracts), on the lines of the Matthaeus programme for customs 
officials which the Commission has already presented; there are 
budgetary difficulties here, however. 
Thanks to this growing awareness and to the steps taken to bring about an 
ongoing improvement in the situation, the rate of incorporation of 
legislation in the single market area has been constantly rising. Whereas 
in September 1989 a bare 31% of national implementing measures had been 
adopted, by December 1990, despite the entry into force of a large volume 
of new legislation, the proportion had risen to more than 70%. 
l. Removal of phyfiloftl. barriers 
(a) Customs union 
A feature of the monitoring of the application of Community customs 
provisions is the fact that they are almost all contained in Regulations. 
To make the implementation of Community customs law at the Community's 
external frontiers more uniform and binding, the Commission has converted 
most of the customs directives into regulations, so that now the only areas 
covered by directives are the release of goods for free circulation, export 
procedures and mutual assistance. 
In fact failure to incorporate the directives on release for free 
circulation and export procedures into national law is the ground on which 
infringement proceedings were brought against Italy, firstly under 
Article 169 and then under Article 171 of the EEC Treaty. Italy eventually 
incorporated the directives into its own law on 8 November 1990. 
-3-
As stated in the seventh report,1 infringement proceedings in the customs 
union sector mainly involve intra-Community trade and are concerned with 
infringements of Articles 9 et seq. of the EEC Treaty, which ban any 
charges having an effect equivalent to customs duties in trade between 
Member States, infringements of Article 171 of the EEC Treaty (failure to 
comply with judgments of the Court of Justice) and infringements of Council 
Directive 83/643/EEC of 1 December 1983 on the facilitation of physical 
inspections and administrative formalities in respect of the carriage of 
goods between Member States. 
In 1990 a fairly high number of infringement proceedings was settled. 
These concerned Greece (bank charges for monitoring the prices of imported 
products), Ireland (counterfeit goods), Italy (customs offices responsible 
for customs clearance of iron and steel products, deferred payment of 
import and export duties, phased release of goods in the case of release 
for free circulation, counterfeit goods, stamp duties, refund of national 
taxes iJicompatible with Community law, charges for services during certain 
customs office opening hours) and France (flat-rate charge on export of 
personal effects, returned goods, duties levied by seaboard townships in 
the Overseas Departments). 
The main infringement proceedings currently under way concern Portugal 
(refusal to allow forwarding agents to make customs declarations, stamp 
duty on import), Italy (obstacles to the free movement of iron and steel 
products, veterinary services' telegram costs charged to livestock 
importers, procedures for checking bonded goods, charges for services 
supplied to several firms at the same time), Spain (import levy in the 
Canary Islands on flour of bread-making quality), the Netherlands (outward 
processing of textiles) and France (charges for computerized checking of 
customs declarations). 
The infringement proceedings relating to imports of military equipment free 
of customs duties under the Common Customs Tariff are still suspended 
pending the outcome of discussions in the Council. 
OJ C 232, 17.9.1990. 
-4-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (CUSTOMS UNIONS 
DK EL IRL NL UK! 
83/643/EEC - Controls NPA NPA NPA NPA 
C = Closed 
NPA = Not properly applied 
-5-
TO THE CUSTOMS UNTOM 
Progress has been satisfactory, with a notification rate of 96%. Only 
Italy and, to a lesser extent, Greece are lagging behind. However, it 
should be pointed out that this is an area where directly-applicable 
Regulations predominate. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
48 
46 
48 
36 
49 
49 
44 
49 
49 
50 
47 
43 Directives 
for which 
measures 
have been 
notified 
45 
45 
48 
32 
45 
48 
42 
37 
49 
49 
45 
41 % 
93.7 
97.8 
100 
88.8 
91.8 
97.9 
95.4 
75.5 
100 
98 
95.7 
95.3 
-6-
(b) Free movement of products 
Free movement of agricultural products 
Establishing freedom of movement for agricultural products2 in a single 
market is one of the principles underpinning the operation of the CAP and 
its common market organizations. 
Originally the ban on quantitative restrictions and measures having 
equivalent effect on imports or exports was written into the text of the 
first regulations setting up common market organizations in the form of 
specific provisions; as soon as the transitional period ended, on 
31 December 1969, there was no longer any need to write them in, but the 
Court of Justice has repeatedly pointed out that Articles 30 and 34 of the 
EEC Treaty are an integral part of the common market organizations.^ 
In 1990 the Commission once again kept a constant watch to make sure that 
obstacles to trade in agricultural products in the Community were removed. 
The types of obstacles detected and combated by Commission departments 
remain as before, and have been classified as set out below. 
The reason most frequently put forward by Member States for imposing such 
obstacles is the protection of public, animal and plant health. 
Technical provisions relating to the presentation, quality and 
packaging of products which have the effect of restricting or 
discouraging imports. A case in point is Italian Law No 396 of 
2 February 1939, which prohibits the production of cheeses with a fat 
content lower than that stipulated by Italian law for marketing in 
Italy. This has the effect of preventing the marketing of imported 
cheeses which have been lawfully manufactured and marketed in the 
Member State of origin and was condemned by the Court of Justice in its 
judgment of 11 October 1990 in Case 210/89. This category also 
includes the proceedings as a result of which, for example, Germany 
waived the requirement in certain Lander that fresh poultrymeat be 
presented in sealed packs (festverpakt) when sold in the same premises 
2 Those listed in Annex II to the EEC Treaty. 
3 See judgment of the Court of Justice in Case 83/78 Pigs Marketing Board 
v Redmond: [1978-9] ECR 2373, Ground 55. 
-7-
as other meat, and France waived the rules restricting the right to 
market seed mixes for lawns to the varieties listed in the national 
varietal catalogue. 
The restrictions placed on the marketing or importing into Italy of 
oils and fats (the requirement that a tracer be present) were condemned 
by the Court of Justice.4 Lastly, the Commission had to serve a 
reasoned opinion on Greece under Article 171 on the grounds that, 
notwithstanding the Court's judgment in Case 124/85,B Greece still 
refused to allow the import of and wholesale trade in certain cuts of 
fresh beef and veal. The last remaining restrictions have since been 
lifted. 
Import controls: these are the most numerous of all the obstacles to 
trade. A distinction should be drawn between the following types: 
Double checks and systematic checks such as those applied in 
Germany to live sheep, in Italy to fish (checking for nematodes) 
and in Greece to chickens (checking for salmonellae). 
The Commission devoted special attention to Italian Decree No 454 
of 8 October 1988 concerning health checks on livestock and 
by-products of animal origin from Community countries, in that it 
institutes a system of ongoing, compulsory and systematic checks 
affecting 10% of all the goods in question imported, 30% of which 
are subjected to laboratory testing. The Commission considered 
that this new arrangement went beyond the notion of spot checks 
define by the Court of Justice as occasional random checking, and 
therefore referred the matter to the Court of Justice. 
Belgium, on the other hand, at last ended its system of double 
checks on imported fish, against which the Court of Justice had 
already ruled.6 
The requirement that the producer Member State issue certificates 
guaranteeing that products conform to the standards of the 
importing Member State; this requirement is applied in Greece in 
respect of pasteurized butter. 
Judgment of the Court of Justice of 27 November 1990 in Case 67/88 
Commission y 3"fr\1.y-
Judgment of the Court of Justice of 16 December 1986 in Case 124/85 
Commission v Greece: [1986] ECR 3935. 
Judgment of the Court of Justice on 7 April 1981 in Case 132/80 United 
Foods v Belgium: [1981] ECR 995. 
-8-
The requirement for prior import licences or permits applied in 
Italy to any vegetable matter sensitive to fire blight, in Germany 
to live sheep, and in the United Kingdom, Ireland, Germany, Greece, 
France and Luxembourg to sperm intended for artificial insemination 
purposes, though the last four countries have ceased to operate the 
scheme criticized by the Commission. 
In its judgment of 5 July 1970 in Case 304/88,7 the Court of 
Justice found in favour of the Commission when it ruled against 
Belgium's practice of individually authorizing each import of meat 
or livestock from other Member States. 
Over-complicated checking arrangements such as those in force in 
Germany, which required transporters of fresh poultrymeat as a 
matter of course to declare their goods in advance so that animal 
health inspectors could be called in routinely. Following the 
Court of Justice's ruling,8 Germany took the requisite steps to 
comply in practice. Other practices were also condemned by the 
Court of Justice, such as the ban placed by Italy on imports of 
grapefruit from other Member States through its land border 
posts.^ 
The disproportionate banning of or limitations on the presence of 
certain additives. In 1990 the Commission, after its proceedings 
against Greece and Italy, brought its third action (against France) 
against Member States which prohibit or place very restrictive limits 
on the presence of nitrates in cheese. This prohibition or limitation 
has the effect of preventing the import of many types of cheese from 
other Member States where nitrates have to be used in minute 
quantities for technical reasons (to prevent butyric swelling). 
7 Judgment of the Court of Justice of 7 May 1990 in Case 304/88 
Commission v Belgium, not yet reported. 
8 Judgment of the Court of Justice of 28 November 1989 in Case 186/88 
Commission v Germany, not yet reported. 
9 Judgment of the Court of Justice of 12 July 1990 in Case 128/90 
Commission v Italy, not yet reported. 
-9-
National health protection measures which ban or completely prevent 
imports; Greece, for example, imposes unnecessarily severe 
microbiological standards, requiring the surface of imported poultry to 
be completely free of saimonellae, although international research has 
found that such a requirement is impossible to meet in practice. It is 
therefore disproportionate, since poultry is hardly ever intended to be 
eaten raw and cooking destroys the bacteria. 10 
The practice of setting a maximum price in Greece, which had the effect 
of deterring and limiting fruit and vegetable imports into the country, 
was stopped. 
10 This applies, of course, only to saimonellae on the surface of poultry 
and not to those found inside the meat. There is always a possibility 
of saimonellae being present on the skin of poultry, from contamination 
by the ambient environment; where they are found inside the meat, 
however, they are a sign that conditions of hygiene in the farms where 
the birds were bred are not up to standard, and they are a genuine 
health hazard (NB: Directive 71/118/EEC bans the marketing of such 
birds). 
-10-
PROGRESS IN B1PLEMENTING ntKECTlYRP APFIrT^^ ™ TiïR 
REMOVAL OF PHYSICAL BARRIERS (FREE MOVEMENT OF PBOTPCTS^ 
The rate of progress is close to 72%, but pressure must be kept up in this 
area, given its highly technical nature. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
lancembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
38 
38 
38 
37 
37 
38 
37 
37 
38 
38 
38 
38 Directives 
for which 
measures 
have been 
notified 
26 
29 
33 
26 
31 
27 
26 
18 
28 
28 
24 
28 % 
68.4 
76.3 
86.8 
70 
83.7 
71 
70 
48.6 
73.6 
73.6 
63.1 
73.6 
-11-
2. A]y>iitf1rm of 1?flt™10ftl frftTTlfrrff 
Substantial progress has been made in this field: 69 directives adopted as 
part of the White Paper programme were in effect at the beginning of 1991. 
These covered several fields, but the most important package had to do with 
the harmonization of technical rules. 
Progress towards the 1992 single market has been such that the abolition of 
technical barriers can now be said to be irreversible. 
(a) Free movement of goods 
Recent cases which have been brought to the Commission's attention point to 
the changes under way in the Member States: most obstacles are to be found 
in technical regulations, while the number of cases of unjustified import 
formalities (see above) is steadily falling. 
The removal of non-tariff barriers to trade in goods within the Community 
is the cornerstone of the establishment of the single market. The 
Commission has two basic instruments for this purpose: the right to ban 
any measure having an equivalent effect to quantitative restrictions 
(Articles 30 to 36 of the EEC Treaty) and the approximation of national 
legislation. 
(i) Article 30 EEC 
Article 30 EEC prohibits quantitative restrictions on imports, and all 
measures having equivalent effect, between the Member States. The very 
broad interpretation put upon the second of these concepts, which, in the 
Court of Justice's own words, covers "all trading rules which are capable 
of hindering, directly or indirectly, actually or potentially, 
intra-<3ommunity trade", enables the Commission as guardian of the Treaties 
to take steps to eliminate barriers to trade of the most diverse kinds. 
In this connection, in 1990 the Court of Justice confirmed its earlier 
ruling that all rules on the marketing and distribution of goods are open 
to scrutiny under Article 30. A case in point is that of a set of rules in 
Luxembourg governing bargain offers (Case 362/88 GB -Inno -BM. judgment of 
7 March 1990), whose compatibility with Article 30 was considered in 
response to a request for a preliminary ruling. 
The Commission acts in response to complaints it receives from business 
concerns and private individual s and follows up problems raised by 
Parliament in its questions to the Commission or in petitions submitted to 
the Committee on Petitions. 
-12-
Departments have also, on their own initiative, developed the practice of 
monitoring national rules which come to their notice, particularly through 
the Member States' official gazettes. 
As regards industrial products, there has been a continuing rise in 
monitoring activity, as the number of cases considered in 1990 (more 
than 1500) shows. These involve infringements, complaints, cases detected 
automatically and technical rules notified under Directive 83/189/EEC as 
amended by Directive 88/182/EEC and considered in the light of Articles 30 
and 36 of the EEC Treaty (see below). 
In view of the large number of cases brought to their notice, departments 
have found it necessary to adopt a comprehensive approach to problems, at 
two levels. 
As for solutions to the underlying issues, the types of problems which crop 
up have proven to be similar from one Member State to another. 
As regards investigating cases, the Commission's departments are still 
doing their best to ensure that as many cases as possible are settled 
without legal action having to be taken. In that spirit, the practice of 
holding regular "package" meetings with representatives of the government 
departments concerned in Member States with a relatively high number of 
disputes to be considered was continued in 1990. At such meetings, all the 
cases involving a Member State are discussed, as are cases involving other 
Member States in which it has expressed an interest. Pragmatic solutions 
in keeping with Community law can thus be sought jointly, with a guarantee 
that the procedure will be transparent. Package meetings involving France, 
Germany, Greece, Italy and Spain were held in 1990, with very satisfactory 
results; large numbers of cases were settled without recourse to the 
Court. 
(il) Approximation of national legislation 
Mutual recognition of national rules 
In accordance with the strategy it outlined in its internal market White 
Paper, the Commission is paying particular attention to the application of 
the EEC Treaty's rules on the free movement of goods (Articles 30-36) and 
is endeavouring to ensure that the principle of mutual recognition is 
systematicallY incorporated into national law. This principle requires 
that any product lawfully manufactured and marketed in one Member State 
must have free access to the markets of other Member States, provided 
equivalent health and safety guarantees are supplied. 
At all events, the measures taken to protect these interests must be 
strictly proportionate to the objectives pursued. 
-13-
This is why, wherever the Commission finds itself facing an obstacle 
justified on grounds of need to protect the interests referred to above, it 
requires the Member States, provided the measures taken are in proportion, 
to insert a provision in their regulations embodying recognition for 
products from other Member States offering equivalent guarantees. 
In addition to this ex post facto monitoring activity, the Commission 
carries out prior monitoring pursuant to Directive 83/189/EEC as amended by 
Directive 82/182/EEC. This Directive obliges the Member States to submit 
draft technical regulations for prior vetting as part of an information 
procedure covering industrial products, agricultural produce, foodstuffs, 
pharmaceuticals and cosmetics. 
In 1990, 386 draft technical regulations were scrutinized in the light of 
the Treaty and secondary legislation, a 21% increase on 1989. After 
examination, the Commission sought, in 123 cases, amendments designed to 
ensure that their adoption would not raise new barriers to the free 
movement of goods. In eight cases the Commission announced that it would 
put forward a proposal for Community harmonization to replace the projected 
national measures. Four of these were new cases of harmonization not 
foreshadowed in the Commission's 1985 White Paper on the completion of the 
internal market. 
The Commission ensures compliance with the notification requirement by 
systematicallY studying all the Member States' technical rules. One 
hundred and four texts are being examined. Wherever the Commission has 
detected an infringement of Directive 83/189/EEC, it has as a matter of 
course commenced infringement proceedings under Article 169 of the EEC 
Treaty. 
Miscellaneous products 
The Commission takes its lead from the development of the "new approach", 
under which the first directives, on simple pressure vessels and toy 
safety, entered into force in 1990; the delays in incorporating these 
directives into national law in several Member States add to the 
difficulties, as do the experimentation problems created by the newness of 
the provisions, and thereby obstruct the implementation of mechanisms which 
are vital to the functioning of the single market. At present 
11 Article 169 proceedings are under way. 
-14-
At the same time the Commission still has to administer the 81 directives 
covered by the old approach; there has been some improvement in terms of 
progress in implementing these directives in 1990, but there are still many 
infringement cases outstanding. In all, 103 proceedings are under way. 
53 of these concern failure by Portugal to incorporate Community law in 
national law; the cases of incorrect implementation mainly concern the 
"low tension" directive (73/23/EEC): following the termination of 
proceedings against the Netherlands and the United Kingdom, there are still 
three infringement cases outstanding against Denmark, Greece and Italy; in 
Italy there are still numerous delays in incorporating Community 
legislation into national law, though a number of oases from previous years 
were terminated. 
It is regrettable that Directive 88/320/EEC on good laboratory practice, 
which plays a vital part in relation to the recognition of tests and 
certificates, has been incorporated in national law in only seven Member 
States (Belgium, Denmark, Germany, France, Luxembourg, Portugal and the 
United Kingdom); infringement proceedings are under way against the Member 
States which have not yet acted; in some cases the explanation for the 
delay is that certain Member States have decided to incorporate 
Directive 88/320 and Commission Directive 90/18, which adapts it to 
technical progress, together. 
Motor vehicles, agricultural tractors and motorcycles 
Implementation of the 95 directives on private cars and utility vehicles, 
the 39 directives on agricultural tractors and the five directives on 
motorcycles is proceeding normally. 
In the last year, 19 infringement proceedings for failure to incorporate 
directives into national law were commenced in relation to private cars and 
utility vehicles (four have since been terminated), five in respect of 
agricultural tractors (all terminated) and one in respect of motorcycles. 
These infringements were basically due to administrative hold-ups in 
certain Member States. 
The incorporation of Directive 89/458/EEC on emission of exhaust fumes by 
private cars below 1.4 litres calls for special attention in that it is the 
first œmpulsory directive involving motor vehicles. A year after the 
deadline, five Member States had incorporated it into their rules, six had 
introduced it as an optional measure and the remaining one has not yet 
notified any national implementing measure. 
-15-
Foodstuffs 
The proceedings initiated in respect of the foodstuffs directives all 
concern instances of failure to communicate national implementing measures. 
The file was closed on ten infringements in 1990, 49 cases are at the 
formal notice stage and seven are at the reasoned opinion stage. 
The Commission brought two actions against Belgium before the Court of 
Justice, involving Directives 86/424/EEC (caseins and caseinates) 
and 84/500/EEC (ceramic articles intended to come into contact with 
foodstuffs). 
In the field covered by the White Paper programme, 16 directives or 
regulations are in force. The situation regarding incorporation or 
implementation of these provisions is highly unsatisfactory. Of all the 
fields covered by measures to align legislation, this is the one in which 
progress in incorporation or implementation gives the greatest cause for 
concern: fewer than half the requisite implementing measures (43.4%) had 
been adopted in January 1991. 
Pharmaceutical products 
The situation regarding piharmaceuticals is positively encouraging, almost 
all the national implementing measures having been notified to the 
Commission. The important directive on price transparency (89/105/EEC) has 
been transposed into national law by all the Member States except Italy, 
which should be able to regularize the situation when it adopts its annual 
"Community law". 
Chemical products 
The files on 14 cases of infringement were closed in 1990, 20 are at the 
formal notice stage and seven at the reasoned opinion stage. 
In the area of hazardous substances and preparations, the Commission was 
preparing to serve 22 letters of formal notice for failure to (communicate 
national implementing measures. 
Telecommunications 
At its meetings of 6 January 1989, 5 July 1989 and 13 March 1990, the 
Commission noted that ten Member States - Belgium, Denmark, France, Greece, 
Ireland, Italy, Luxembourg, the Netherlands, Spain and the United Kingdom -
had infringed Community law in failing to notify national implementing 
measures under Directives 87/372/EEC and/or 86/361/EEC. 
-16-
The Commission therefore initiated proceedings under Article 169 of the EEC 
Treaty against the Member States concerned and served on them formal notice 
to act. 
Most of the Member States involved then informed the Commission of the 
national implementing measures they had adopted under the two Directives. 
This enabled the Commission to terminate the infringement proceedings 
against the following eight Member States: Denmark, France, Greece, 
Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom. 
There are now only two Member States which have failed to notify national 
implementing measures; these are Belgium and Spain, in respect of both 
Directives, 86/361/EEC and 87/372/EEC. -
(1.1 i) Opening-up of public procurement 
The Commission's work in the area of public procurement in 1990 focused on 
the following areas: 
incorporation of directives into national law; 
monitoring of implementation in practice by the various public bodies 
concerned in the Member States; 
infringement management; 
regional preferences. 
The public procurement field is one of the Community's major priorities in 
terms of the programme for 1992, as the overhauling of the conditions for 
the award of public supplies and services contracts shows. However, the 
implementation of new directives has been affected by delays in 
incorporating them into national law, which makes it doubtful whether the 
provisions can be implemented in a balanced manner by national government 
departments and undertakings. 
As part of its work of monitoring the incorporation of directives, the 
Commission initiated Article 169 proceedings against Spain on the grounds 
that its national measures incorporating Directives 71/305/EEC 
and 77/62/EEC were not in conformity with Community law. In addition, a 
reasoned opinion was sent to Portugal for failure to notify national 
measures incorporating Directive 77/62/EEC. 
The Commission sent a reasoned opinion to Italy for failure to communicate 
national measures incorporating the new supplies directive (89/295/EEC) ; 
the proceedings initiated against the Netherlands11 are going ahead. 
11 Seventh Annual Report (1989), point 77. 
-17-
On 19 July 1990 the new public works directive (89/440/EEC) entered into 
force. The Commission sent the Member States (apart from Greece, Portugal 
and Spain, where the directive does not yet apply) letters asking them to 
notify it of national incorporating measures. Apart from Luxembourg, the 
Netherlands and Italy, the Member States have complied. 
It is proving extremely difficult to monitor all procedures for the award 
of public procurement contracts in the Community. For this reason alone, a 
monitoring system with a specific, ad hoc remit, based on sampling, was set 
up and may produce practical results. The system involves taking further 
action on measures launched in 1989,12 including the monitoring of the 
procedural deadlines for the publication of public works contract notices 
(a monitoring system run in cooperation with the Publications Office), and 
embarking on new measures involving, inter alia, checks for failure to 
publish or failure to comply with procedural rules or selection and award 
criteria. Following these Commission approaches, the Member States 
instructed awarding authorities to comply with Community directives when 
placing public procurement contracts. 
Independent specialists contracted in 1988 analysed a number of sets of 
technical specifications which might contain infringements. 
The Commission continued its checks of projects and programmes financed by 
the structural Funds and the other Community instruments.13 
In an area as sensitive as the public procurement sector, all the checks 
mentioned above form an instrument whose importance is acknowledged by the 
Member States themselves, despite their bureaucratic aspects. They are the 
essential corollary to the complaints lodged by business interests. 
The infringement cases processed in 1990 have shown that there are 
shortcomings in the following areas: 
Interpretation of the scope of directives and the excluded sectors: 
12 Seventh Annual Report (1989), point 81. 
13 Seventh Annual Report (1989), point 81. 
-18-
A reasoned opinion was served on Portugal concerning a public works 
contract issued by ANA (Aeroportos a Navigac&o Aerea EP). Two reasoned 
opinions were served on Germany concerning public procurement contracts 
awarded by Duisburg-Ruhrorter Hafen and Munich Airport. 
Failure to publish in the Official Journal of the EC for compelling 
reasons outside the meaning of the term as defined in the directives: 
A reasoned opinion was served on Spain concerning a public works contract 
launched by Madrid University. The Commission also served a reasoned 
opinion on Italy in respect of a supplies contract launched by the 
Instituto Nazionale délia Previdenza Sociale. 
Eligibility criteria: 
A reasoned opinion, for example, was served on Italy in respect of a public 
works contract launched by the Consorzio di Bonifica de l'Agro Tortoli. 
When the technical evaluation of tenders is carried out, preference is 
given to applicants whose names have been on a regional list of approved 
undertakings for at least seven years. 
-19-
(b) Market in services and capital 
Capital 
With the lifting of the last remaining restrictions on capital movements by 
France and Italy in the first half of 1990, the deadline set in the 
directive on capital movements14 was met in full. There has consequently 
been freedom to move capital without restriction in eight Member States 
since 1 July 1990. 
Under the directive, four Member States, Greece, Ireland, Spain and 
Portugal, are authorized to maintain certain restrictions until the end of 
1992; these basically relate to short-term capital (and the opening of 
bank accounts by non-residents). Nevertheless, considerable progress has 
been made in these four countries and in most cases the liberalization 
measures adopted have gone beyond what was required. 
Greece, which has balanoe-of-payments difficulties, was authorized by the 
Commission15 to maintain until 31 December 1990 certain safeguard measures 
in relation to investment abroad and spending on tourism by Greek 
residents. The authorization has been extended until 30 June 1991. 
However, the scope of the restrictions was reduced in the course of 1990. 
14 Council Directive 88/361/EEC of 24 June 1988. 
15 Decision 90/348/EEC of 28 June 1990 and Decision 90/663/EEC of 
19 December 1990. 
-20-
No infringement procedure in 1990 reached the reasoned opinion stage. In a 
number of oases where an infringement of the directive on capital movements 
was identified, the national authorities concerned, after consultation with 
Commission departments and sometimes following the sending of a warning 
letter, complied with their obligations. As regards the judgment of the 
Court of Justice of 3 December 1987 in Case 194/84, the Greek authorities 
accepted the Commission's observations on appropriate administrative 
provisions and amended the legal texts in question. As a result, Oammunity 
residents are no longer subject to the law governing funds blocked in 
Greece. 
These positive developments have made for an accentuation of economic and 
financial integration which will enable citizens and firms in the Community 
to take full advantage of the European single market. Furthermore, as it 
will lead to even more integrated national financial systems, freedom of 
capital movements will open the way to more effective coordination of 
economic and monetary policies and, ultimately, to Economic and Monetary 
Union. 
Services 
New technologies and services 
Pending the entry into force of the directive on television without 
frontiers, freedom of movement of broadcasts is guaranteed by direct 
application of the provisions of the EEC Treaty, particularly Articles 59 
and 62. 
In the area of television, three infringement proceedings are under way, 
against Belgium (Flemish Community), Greece and Spain, for limitations on 
the acquisition of capital in national broadcasting organizations by 
foreigners. 
Two infringements concern the prohibition in Belgium (Flemish Community) on 
cable broadcasting of programmes from other Member States that include 
advertising specifically aimed at a Flemish audience. 
Two infringement proceedings have been initiated against Belgium (Flemish 
Community) and France on grounds of disproportionate restrictions based on 
language criteria. 
-21-
Lastly, there are seven infringement cases (three against Belgium, two of 
these against the Flemish Community and one against the French Community, 
one each against Greece and France and two against the Netherlands) arising 
out of the requirement that certain commercial distributors must give the 
broadcasting industry in the relaying country guarantees in respect of 
economic performance. 
The deadline for incorporating Directive 89/552/EEC (on television without 
frontiers) into national law is 3 October 1991; on 31 December 1990, only 
Italy and Portugal had taken steps to implement the directive. 
As regards cinema, an infringement proceeding against Spain relates to a 
system of compulsory permits for dubbing films from non-member countries, 
such permits being granted only on condition that money is invested in the 
production and distribution of Spanish-made films. 
Intellectual property 
The object of the Commission's work in this area is to abolish restrictions 
in the Member States' legislation which are clearly contrary to Articles 7, 
52 and 59 of the Treaty. 
Using this approach, two infringement proceedings have been commenced 
against the Netherlands and Portugal for inaintaining provisions which give 
advantages to national s of those countries. 
As regards the implementation of Directive 87/54/EEC on the legal 
protection of topographies of semiconductor products, implementing measures 
have been notified by all the Member States except Greece, against which 
infringement proceedings are under way. 
Product liability 
Directive 85/374/EEC has been incorporated into the national law of eight 
Member States; the remaining four (Belgium, France, Ireland and the 
Netherlands) are being proceeded against, as is the United Kingdom (for 
incorrect transposition). 
- 22 -
(c) Freedom to provide financial services, ^j-rant taxation and company law 
There are a number of complex aspects to freedom to supply financial 
services. For one thing, failure to comply with Article 59 EEC generallY 
entails a barrier to free movement of capital (Article 67 EEC) ; for 
another, most infringements brought to the Commission's attention under 
Article 59 concern tax aspects since the Member States have yet to make 
most of the adjustments to their tax systems which the Community structure 
requires. In many Member States, for instance, tax deductibility of 
insurance premiums is confined to insurance contracts with national 
cxampanies, which is ijxxampatihle with the principle of freedom to provide 
services. In a case of this type proceedings are currently in motion 
against Belgium under Article 77 EEC (Case C-204/90) and Article 169 EEC 
(Case C-300/90). 
A large number of complaints concern intra-Community payments, but there 
are very few legal bases for action on matters such as costs incurred in 
respect of payments by bank transfer or cheque. Last year the Commission 
put out a discussion paper on payments in the internal market (OOM(90)447). 
Regarding the discriminatory stamp duty charged in Italy for cashing 
foreign cheques, particularly Eurocheques which are so popular with 
tourists, the Commission was able to drop the case it was about to bring 
before the Court of Justice when Italy changed its exchange control 
legislation to allow cheques to be cashed without the establishment of a 
stamped document. 
In the insurance field, the Commission's attention has regularly been drawn 
to motor insurance; in the absence of a clear legal basis, some Italian 
authorities have failed to act on the abolition of checks on green cards by 
Directive 72/166/EEC. The action brought in the Court of Justice by the 
Commission under Article 169 (Case C-89/232) will, however, be withdrawn 
now that the Italian Law of 7 August 1990 establishes a sufficiently clear 
legal basis. 
A reasoned opinion was addressed to Spain concerning the infringement 
whereby savings banks engaged in insurance business, this being 
incompatible with Directives 73/239/EEC and 79/267/EEC. In response, Spain 
reduced the scope of the infringement by banning savings banks from 
entering into new contracts but has not yet settled the situation regarding 
contracts already in existence. 
The exercise of the freedom to provide services which, by their nature, are 
governed primarily by national laws, regularly raises the question of the 
applicable law, one of the fundamental questions for the development of 
- 23 -
the internal market in services. The Commission was glad to be able to 
abandon action on a complaint made by a Danish bank against Germany, on the 
ground that Article 59 EEC was contravened by the requirement imposed by 
the German authorities that German law be applied to mortgage loans, thus 
excluding contracts made under Danish law. Germany has informed the 
Commission that it will drop this requirement. 
Complaints in tax matters often concern cases of double taxation. The 
Commission, of course, is confined to verifying the correct application of 
Ccramunity law and cannot look into the application of bilateral agreements 
which have been concluded between most Member States. However, cases of 
double taxation which are not covered by such agreements or which 
constitute failure to apply them correctly can often also be considered as 
infringements of Community law, notably Articles 48, 52, 59 or 67 EEC, and 
the Commission is competent to deal with them. 
Regarding the tax on capital formation, the Commission addressed a reasoned 
opinion to Italy stating that the charging of an annual duty, known as the 
concessione governatlva. was incompatible with Directive 69/335/EEC since 
there was no clear link between the duty and the administrative cost of 
registration. 
Turning to company law, the Commission regrets that German has not always 
complied with the accounts directives. The rules governing publicity of 
accounting documents are far from satisfactory and the continued existence 
of separate rules on consolidation for certain types of firm runs counter 
to the efforts made to harmonize systems in the Community. A reasoned 
opinion has been sent to Germany. 
Nearly all the Member States are behind schedule regarding the 
transposition of directives and a number of serious cases have had to be 
taken to the Court of Justice: 
Luxembourg: Directive 84/5/EEC (third-party motor insurance) and 
Directive 84/841/EEC (tourist assistance) - Case C-349/90 
Ireland: Directives 83/349/EEC and 84/253/EEC (seventh and eighth 
company law directives) - Case C-359/90). 
Regarding the failure of certain Member States to implement major 
directives, the following examples are noteworthy: 
Directive 88/357/EEC (second non-life insurance directive) in Belgium, 
Ireland, Italy, Luxembourg and Portugal); 
- Directive 85/611/EEC (UCITS) in Italy; 
Directive 78/660/EEC (fourth company law directive) in Italy - despite 
judgment given by the Court of Justice on 20 March 1986 in Case 70/85. 
-24-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (REMOVAL OF TECHNICAL BARRIERS) 
TELECOMMUNICATIONS DK EL IRL NL UK! 
87/372 NMN NMN 
86/361 NMN NMN 
C = Closed 
NMN « No measures notified 
-25-
SERVICES AND CAPITAL DK! EL IRL NL UK! 
88/361 
86/566 NPA! 
C - Closed 
D - Derogat ion 
NPA - Not properly applied 
-26-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (REMOVAL OF TECHNICAL BARRIERS) 
! INDUSTRIAL GOODS 1 
! 88/182/EEC 
! 88/320/EEC 
i TECHNICAL RULES 
! 73/23/EEC 
! 90/18/EEC 
89/458/EEC 
! FOODSTUFFS 
! 86/424/EEC 
84/500/EEC 
89/105/EEC B 
- j 
-
NPA 
C 
, -
NMN DK 
- ' 
-
C 
-
-
J -D ! 
C 
-
C 
-
I -
i -EL! 
- ! 
-
NPA 
C 
C 
, -E ! 
- ! 
NMN 
C 
-
-
,NMN F ! 
- i 
-
C 
-
C 
, -IRL 
- ' 
-
C 
C 
, -
, -I 
NPA 
-
NPA 
-
s -
! -L ! 
C 
-
C 
-
-
Î -NL 
C 
-
C 
C 
C 
C p 
NMN 
NMN 
NPA 
-
C 
! -UK! 
- ! 
C i 
C i 
- | 
C ! 
! C I 
C = Closed 
NMN " No measures notified 
NPA - Not properly applied 
-27-
DIRBCTIVFF! AFPTrT^Tff^ ™ 
THE REMOVAL OF TECHNICAL BARRIERS 
fFREE MOVEMENT OF GOQDS^ 
With an average progress rate of 67%, the free movement of goods is the 
area where the gap between the rate of adoption and the rate of 
implementation is widening fastest, most strikingly in Greece and Italy. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
46 
46 
46 
45 
46 
46 
46 
46 
46 
46 
44 
46 Directives 
for which 
measures 
have been 
notified 
34 
36 
36 
20 
32 
33 
30 
20 
30 
29 
31 
39 % 
73.9 
78.2 
78.2 
44.4 
71.1 
71.7 
65.2 
43.4 
65.2 
63 
70.4 
84.7 
-28-
! OPENING OF PUBLIC PROCUREMENT ! B ! DK| D | EL| E ! F !IRL| I ! L ', NL| P | UK! 
| 71/305/EEC iNPAiNPAJNPA', C !NPA| C ! C JNPAi C ! C ! C ! C | 
! 77/62/EEC ! C ! C |NPA| C JNPA! C !NPA!NPA! - ! NMN! NMN', C ! 
! 88/295/EEC ! - Î - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! 
i 89/440/EEC !-!-!-!-!-!-!-!-!-!-!-!-! 
! SERVICES !!!!!!!!!!!!! 
i 89/552/EEC !-!-!-!-!-!-!-!-!-!-!-!-! 
! 87/54/EEC | c ! - ! - !NMN| - | - j - | - ! - J C ! - ', - ! 
! 85/374/EEC !NMN! C ! C ! - !NMN!NMN!NMN! C ! C ! C ! - |NMN! 
C - Closed 
NMN - No measures notified 
NPA - Not properly applied 
-29-
PROGRESS IN IMPIMOTIMB DIRECTIVES APPLICABLE TO 
THE OPENTOT, OF VnPq.TC. PT^TREMENT 
The average progress rate is only 67% here (Greece is partly to blame), 
although this is a matter for priority treatment in the frontier-free area 
and Spain and Portugal both enjoy derogations. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
7 
7 
7 
5 
5 
7 
7 
7 
7 
7 
5 
7 Directives 
for which 
measures 
have been 
notified 
5 
6 
5 
2 
3 
5 
4 
4 
5 
4 
5 
5 % 
71.4 
85.7 
71.4 
40 
60 
71.4 
57.1 
57.4 
71.4 
57.1 
100 
71.4 
-30-
PROGRESS DIRECTIVES APFTrT^-AN^ TO 
With an average rate of 70% despite Italy's poor performance, the process 
of establishing the frontier-free area is becoming irreversible. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
107 
107 
107 
105 
105 
107 
107 
107 
107 
107 
107 
107 Directives 
for which 
measures 
have been 
notified 
74 
94 
87 
64 
79 
80 
73 
43 
72 
76 
91 
90 % 
69 
88 
81 
60 
74 
75 
68 
40 
67 
71 
85 
84 
-31-
3. Removal of tax barriers 
Considerable progress was made in 1990, with the emphasis being placed on 
the alignment and convergence of taxation systems. This is the approach 
advocated by the Single Act and it serves two major objectives: to abolish 
all tax checks at borders between the Twelve in practical terms by 
1 January 1993 and to align VAT and excise rates (on tobacco, alcoholic 
beverages and petroleum products) in all the Member States closely enough 
to ensure that when the frontiers are opened in 1993 there is no risk of 
competition being distorted. 
This makes the Commission's work of monitoring the proper application of 
Community law, whether it be the Treaty or secondary legislation, all the 
more necessary. It is vital that the transition to the new taxation 
system, involving both VAT and excise duties, should take place against a 
background of compliance with existing Community legislation on the part of 
the Member States. 
Only the most important cases processed in 1990 are discussed in the 
paragraphs which follow. 
As regards, firstly, the application of Article 95 of the EEC Treaty, a 
number of proceedings relating to vehicle taxation are under way (one 
against Portugal on grounds of the discriminatory nature of its progressive 
system of taxation, the other against Greece on grounds of discrimination 
in the treatment of polluting and non-polluting cars), while others were 
concluded following judgments of the Court of Justice. In Case C-47/88 the 
Court found that Denmark was infringing Article 95 EEC by levying a very 
high registration tax on imported second-hand vehicles in relation to their 
value, making them more expensive than vehicles registered in Denmark. But 
it acknowledged that the tax was compatible with Article 95 when applied to 
new vehicles, since there is no national production. It also found the 
Greek rules on tax applicable to imported new vehicles to be compatible 
with that Article. 
The Commission brought actions before the Court against Italy, Spain and 
Greece under Article 169 for infringing Article 95 by their failure to 
implement the G. Schul judgments,1^ which prohibit double assessment to 
VAT in respect of imports by private individuals. Before these cases came 
to judgment, Italy and Greece took steps to bring their legislation into 
line with the earlier judgments; Spain, however, contests those judgments. 
The Court has not yet given judgment in these three cases. 
16 Judgments of 5 May 1982 in Case 15/81 Schul I. 21 May 1985 in 
Case 47/84 Schul II and 23 January 1986 in Case 39/85 Bergerac-Beoque. 
-32-
Some proceedings in other areas were dropped after Member States 
acknowledged that the Commission had a case. These included the action 
brought against Ireland following the introduction of new measures 
establishing a graduated scale of VAT on newspapers, and earlier actions 
against Spain because of the system of tax on imports of denatured alcohol, 
and against Italy, which eventually abolished its tax on the consumption of 
bananas. 
Lastly, the Commission brought an action against Italy before the Court in 
the field of excise duty on beer. Other, similar cases are already pending 
against the Netherlands, Belgium and Luxembourg. 
Monitoring the application of secondary legislation basically concerns the 
directives on VAT and tax exemption. 
The fact that VAT controls affect the collection of the Community's own 
resources makes them especially important. 
Italy's "Community law" of 22 December 1990 put a stop to a number of 
infringements relating to VAT (imports of medical samples, exemption from 
VAT of services of veterinary surgeons and smiths), excluding those 
concerning VAT exemption in regions affected by earthquakes and flat-rate 
refund arrangements for agricultural producers. 
France brought its forestry levy into line with the common system of VAT. 
The same applies to the tax status of notaries and bailiffs in the 
Netherlands. 
The Commission went further with the proceeding already initiated in 
connection with VAT on advertising services in France. 
After receiving many complaints on the matter, it brought an action for 
infringement against Denmark for introducing a new employer's contribution 
in violation of Article 33 of the Sixth Directive, which prohibits the 
introduction of any new tax of the nature of a turnover tax. 
A case against Spain, for granting exemption on certain services, was also 
referred to the Court. 
As regards failure of national provisions to comply with the directives on 
tax exemption, the Court, in a case between the Commission and Ireland, 
ruled on the meaning of the term "travellers", and found that the granting 
of exemption could not be dependent on a stay's lasting a particular length 
of time. In other cases involving Denmark and Ireland, the Court ruled 
that no quantitative limits which went beyond those explicitly stipulated 
in the directive itself could be imposed in respect of tax-free imports of 
goods. 
-33-
Further action was taken on a proceeding already under way against Greece 
concerning temporary importation of certain means of transport, but a 
proceeding against Spain involving the exemptions applicable on the import 
of certain personal effects was dropped, at least as regards VAT exemption 
on work on second homes. 
On 23 May the Court, in Case C-31/89, held that Spanish legislation was not 
compatible with Directive 83/183 on tax exemptions applicable to permanent 
imports of the personal property of incLLvidua.1 s (removals) since full VAT 
allowances were not given on certain vehicles when nationals of Member 
States relocated to Spain. Spain subsequently enacted a law putting an end 
to this infringement. 
As far as the incorporation of directives with particular effects on the 
establishment of the single market is concerned, two proceedings were 
terminated after Italy, in its 1990 "Community law", had incorporated into 
national law the directive on the application of VAT to the renting of 
tangible movable property and the directive on the arrangements for 
refunding VAT to taxable persons not established on Community territory. 
Delays in incorporating other directives forced the Commission to bring or 
continue proceedings under Articles 171 and 169 of the Treaty. 
In the first instance these proceedings concern Italy, in view of its 
failure to incorporate the directives on tax exemptions on the final import 
of personal effects by private individuals from a Member State (removals) 
and those concerning VAT exemption on certain final imports of goods. A 
reasoned opinion was also served on Italy for failure to adjust the amount 
of travellers' duty-free allowances, and in respect of the dispatch of 
small consignments within the Community. 
Proceedings were also brought against Ireland, which does not apply the 
directive granting exemption on imports of certain goods either. 
Lastly, proceedings were brought against Belgium, Italy, Portugal, Spain 
and the United Kingdom for failure to incorporate into national law the 
directive of 23 November 1989 supplementing the basic directive on tax 
exemption on final imports of personal effects. 
-34-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (REMOVAL OF TAX BARRIERS) 
j 83/183/EEC - Final Imports 
i of goods B 
NPA DKi D 
- ! -EL 
NPA E 
C F 
-IRL 
-I 
NMN L 
-NL 
-P 
NPA UK| 
- s 
C - Closed 
NMN - No measures notified 
NPA - Not properly applied 
-35-
PROGRESS IN IMPLEMENTING DIRECTIVES APPTTdAPTJ; TO 'TAYA.TTnrç 
Taxation has one of the highest rates of progress of all areas at 98%: 
there is just one directive outstanding in Portugal. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
4 
3 
3 
3 
4 
4 
2 
3 
3 
3 
5 
3 Directives 
for which 
measures 
have been 
notified 
4 
3 
3 
3 
4 
4 
2 
3 
3 
3 
4 
3 % 
100 
100 
100 
100 
100 
100 
100 
100 
100 
100 
80 
100 
-36-
4. Free movement of persons 
The establishment of a large area without internal frontiers will give the 
citizens of the Community a stronger sense of belonging together and will 
open up new opportunities for them, both in their working life and in their 
private life. 
The removal of border checks on persons is one of the Community's priority 
objectives in the run-up to 1992. Most of the difficulties encountered 
here flow from the fact that the measures to be taken generally fall within 
the field of intergovernmental cooperation, but great progress has been 
made since the Rhodes European Council gave a new stimulus in December 1988 
and a detailed plan of action was worked out in its wake. 
The results of all this are not easily perceptible but they are not without 
effect either: 
- eleven Member States have signed a Convention on scrutiny of applications 
for asylum; 
- a Convention to supplement the Schengen Agreement has laid, the technical 
foundation for a Europe without frontiers and, in addition, Italy has 
joined the Schengen Agreement; 
- a Convention on the organization of controls at the Community's external 
borders will probably be signed in the course of the iAncembourg 
presidency; 
- a whole series of measures have gradua.11 y been devised to coordinate and 
harmonize national policies relating to internal frontiers (combating 
drugs, terrorism and illegal immigration). 
Looking beyond these fairly general perspectives, the citizens of Europe 
are directly concerned by a large number of measures adopted under the 
legislative programme for the single market. The removal of discrimination 
based on nationality and of restrictions on freedom of establishment and 
freedom to provide services broadens the sphere of individual rights and of 
working opportunities. Even so, it cannot be forgotten that the life of 
the citizen is also affected by more economic measures such as those 
allowing the free importation of pharmaceutical products for personal use, 
increasing the celling for duty-free entry (expressed in ecus), and 
liberalizing the purchase and use of television and telecommunications 
equipment. These measures mean that the principle of free movement of 
goods is translated into terms of individual choice; this chapter may be 
confined to individual rights in the strict sense, but it must be 
remembered that the removal of trade barriers has more than a purely 
economic dimension. 
-37-
Free movement of persons 
There are regular complaints from individual citizens who suffer as a 
result of disparities between national laws and the fact that their 
application is not always consistent with Community law. 
Unfortunately, the Commission is ill-equipped to deal with a great many of 
these complaints since they fall within areas in which the Community has no 
powers. Consequently, the Commission seeks above all to enforce the 
general rules of the Treaty and secondary legislation regarding entry, 
residence and taxation. 
(a) Ban on discrimination 
The Commission received forty or so complaints of discrimination contrary 
to Articles 52 and 59 of the EEC Treaty and, in some cases, contrary to the 
Directives on the mutual recognition of qualifications. 
About ten of them proved to be unfounded and no action was taken. Other 
cases are still being examined and in yet others infringement proceedings 
have been commenced under Article 109 of the EEC Treaty. 
Of the infringement proceedings commenced in response to these complaints, 
attention is drawn in particular to those against certain Member States 
(France, Italy and Spain) which, in the absence of a Directive on mutual 
recognition of diplomas, refused to take account of periods of study 
successfully completed in the country of origin with a qualification at the 
end. The Commission considers this practice to be contrary to Community 
law as declared in the judgment given by the Court of Justice on 
15 October 1987 in Case 222/86 Uneotef v Heylens.17 It follows from this 
judgment that although, in the absence of Directives on the mutual 
recognition of qualifications, the Member States retain the power to 
determine the ininimum level of qualification needed to pursue an activity 
in order to guarantee the quality of services supplied in their territory, 
they cannot, without infringing Articles 5, 48 or 52 of the EEC Treaty, 
require a national of a Member State to acquire qualifications which they 
generally specify in terms of those awarded by their own educational 
establishments, where the applicant has already acquired all or part of 
these qualifications in another Member State. Consequently, any host 
Member State which regulates a given occupation must take account of 
qualifications acquired in another Member State and assess whether they 
correspond to its requirements. It must then determine on an objective 
basis whether the qualification is equivalent or specify what additional 
training should be followed to meet its national requirements. 
17 [1987] ECR 4097. 
-38-
FoUowing the proceedings commenced, the relevant French authorities 
undertook to take the necessary measures to comply with Community law and 
to notify the Commission of them. 
Other infringement proceedings taken in response to complaints under the 
existing mutual recognition directives are described at point 11.A.4.C. 
2. The Court of Justice also gave judgment in Case C-263/88 Commission v 
France. France was condemned for failing to take the necessary measures to 
enable nationals of another Member State holding the requisite French 
qualifications to exercise their freedom of establishment or freedom to 
provide services as medical practitioner, nurse providing general care, 
dentist, midwife or veterinary surgeon in French Polynesia under 
Article 176 of Council Decision 86/283/EEC of 30 June 1986 on the 
Association of Overseas Countries and Territories with the European 
Community. The same applied to the French refusal to allow establishment 
or the provision of services by veterinary surgeons in New Caledonia and 
dependent territories. One interesting point here is that, although the 
measures required here were taken before the case came to judgment, the 
Court nonetheless proceeded to give judgment since the case provided a 
valuable opportunity to establish that a Member State which fails to comply 
with its obligation may incur liability towards other Member States or 
individual citizens. 
In similar cases also concerning France (Joined Cases C-100/89 and 
C-101/89, for preliminary rulings under Article 177 of the EEC Treaty), 
still based on the same Council Decision, the Court held that Article 176 
did not confer a right of residence in the overseas countries and 
territories except where those applying for it were exercising or seeking 
to exercise the right of establishment or freedom to provide services 
there. It further held that the ban on discrimination could be pleaded 
where applicants satisfied the conditions required of national s for 
establishment in these countries and territories, as long as the Member 
State of which they were national s provided identical treatment to persons 
originating in the relevant overseas country or territory. It is 
interesting to note here that the Court did not accept the argument 
presented for the Government of the United Kingdom to the effect that, 
given the specific status of the overseas countries and territories, it had 
no jurisdiction in this case since the administrative tribunal for Papeete 
in Polynesia, which requested the preliminary ruling, could not be regarded 
as a court or tribunal of a Member State within the meaning of Article 177 
of the EEC Treaty. 
-39-
Another interesting Court case was the preliminary ruling in Case C-113/89 
Rjfih Portuguesa. in which the Court interpreted Articles 59 and 60 of the 
EEC Treaty (cross-border freedom to provide services) and Articles 215 
and 216 of the Act of Accession of Spain and Portugal. An undertaking 
established in Portugal and providing construction and civil engineering 
services in another Member State enjoys free movement for itself and its 
staff so long as work is in progress. The authorities of the Member State 
in which the services are provided may not impose on the person providing 
the services specific requirements regarding the hiring of local labour or 
the issue of work permits for the Portuguese staff. 
Lastly, infringement proceedings based on Article 171 of the EEC Treaty for 
failure to comply with judgments of the Court of Justice were brought 
before the Court in the following cases: 
- In Case C-228/90 the Commission brought proceedings against Greece for 
failure to comply with judgments given in Cases 147/86 and 38/87. The 
first of these judgments concerned maintenance in force of the Greek rule 
requiring Greek nationality as a condition for opening a private school, 
notably a language school (Frontistirion), and the second concerns the 
same principle as regards graduate engineers, surveyors and architects. 
- Case C-297/90 was brought against Italy for failure to comply with the 
judgment given in Case 168/85 which declared that Italy was wrong to 
require Italian nationality for the occupations of guide or journalist 
and for admission to competitive examinations for qualification as 
pharmacist. 
Proceedings brought under Article 169 of the EEC Treaty following the 
judgment given in Case 186/87 Cowan on 2 February 1989 against Member 
States whose schemes for compensating the victims of acts of violence 
discriminated on the basis of nationality have begun to bear fruit: 
Germany and France have both changed their legislation to remove the 
offending discrimination. Proceedings are, however, still in hand against 
Belgium, Luxembourg and the Netherlands, who have received reasoned 
opinions from the Commission. 
In the area governed by Regulation (EEC) No 1612/68 on freedom of movement 
for workers, excellent cooperation with Germany meant that the Commission 
was able to close an infringement proceeding with respect to legislation 
which discrijminated in the grant of welfare benefits, Germany now having 
abolished the offending discrimination. 
-40-
Portuguese legislation imposing a nationality requirement for access to 
certain occupations on board ships flying the Portuguese flag has been 
amended in line with Community legislation on free movement. The 
Commission accordingly closed the proceedings. This is particularly 
important in so far as the same form of discrimination subsists in other 
Member States (Belgium, France, Greece, Italy, Spain and the United 
Kingdom). 
A number of infringement proceedings are in hand against certain Member 
States regarding equal treatment for the purpose of welfare benefits 
(Belgium, France, Greece and Luxembourg). A reasoned opinion was addressed 
to the Luxembourg Government concerning discrimination in the grant of 
prenatal and maternity benefits. 
Several proceedings were continued against certain Member States (Denmark, 
France, Germany, Luxembourg and the Netherlands) with respect to equal tax 
treatment for Community workers, particularly as regards discrimination in 
national legislation regarding the payment of income tax for non-resident 
workers. These proceedings were based on Article 7(2) of Regulation (EEC) 
No 1612/68, as interpreted by the Court of Justice on 8 May 1990 in 
Case C-175/89 K. Biehl v Administration des Contributions du Luxembourg. 
lastly, infringement proceedings against Luxembourg with respect to 
discriminatory rules on the exercise of trade union rights - the right for 
workers from other Member States to vote and stand as candidates at 
elections for representatives to trade organizations - proceeded with the 
transmission of a reasoned opinion. 
Greece and Spain continue to apply discriminatory treatment to national s of 
other Member States regarding museum admission charges. 
The Commission considered this discrimination to be contrary to Articles 7, 
48, 52 and 59 of the EEC Treaty, and infringement proceedings were 
commenced in 1987 (Cases 87/351 and 87/352). 
Although at the end of 1989 Spain announced that it would apply equal 
treatment to all Community national s as a result of the 1990 reform of the 
national tax system, the Commission has not been notified of any measure to 
this end. It accordingly decided to send an additional reasoned opinion to 
Spain. The Greek case was referred to the Court of Justice. 
-41-
(b) Entry and residence 
Under Articles 2 and 3 of Directives 68/360/EEC and 73/148/EEC, the only 
formality required to cross the border when leaving or entering a Member 
State is the presentation of an identity card or passport. 
The Commission is continuing to see that these rules are abided by, and has 
issued a reasoned opinion to Denmark where officials are continuing to 
stamp the passports of Community nationals entering their country and to 
ask them a series of questions. The Commission has also brought an action 
against the Netherlands (Case 68/89) concerning questions put to travellers 
by border officials. 
The Commission is also paying close attention to compliance with rules of 
Community law applicable to Community nationals' family members who are not 
themselves nationals of a Member State. Under Community law, national 
authorities must supply visas free of charge to these people and give them 
every facility. 
The Commission has addressed a reasoned opinion to Italy for charging for 
such visas, whereas proceedings against Germany and Portugal were closed 
when these two countries gave satisfactory answers. Proceedings against 
France, Greece and Spain on the facilities aspect were closed, but reasoned 
opinions were addressed to Belgium and Italy. 
The Commission decided to terminate a proceeding against Germany in which 
the Court of Justice had given judgment. Germany at last changed national 
rules which imposed discriminatory terms regarding proper accommodation for 
the family members of workers from other Member States; there was a 
requirement as to the ininimum number of square metres per family member 
before they were allowed to settle. 
(c) Recognition of diplomas 
The Commission continued to monitor the implementation of Council 
Directives issued under Article 59 of the EEC Treaty to ensure free 
movement and the recognition of qualifications of professional and employed 
persons. In the Seventh Report, last year, it stated that there had been a 
substantial increase in the number of infringement proceedings following 
the recent adoption of directives for architects, pharmacists and doctors 
in general practice.18 
In response to these proceedings, certain Member States took the requisite 
implementing measures. Proceedings remain in hand with respect to the 
18 Directives 85/384/EEC, 85/432/EEC and 86/457/EEC. 
-42-
others, and new proceedings have been commenced for incomplete or incorrect 
transposition of the Directives. Proceedings are in hand against Belgium, 
Greece, Italy and Spain as regards architects, Belgium, Germany, Italy and 
Luxembourg as regards pharmacists and Italy as regards doctors in general 
practice. 
Some of these cases have already reached the Court of Justice - architects 
in Greece (Case C-309/90) and Italy (Case C-296/90), pharmacists in Belgium 
(Case C-167/90), Italy (Case C-152/90) and Luxembourg (Case 168/90), and 
general practitioners in Italy (Case C-292/90). 
Proceedings were also commenced against certain Member States on grounds of 
incorrect transposition of earlier mutual recognition directives, some of 
them in response to complaints received. The following are worthy of 
attention: 
- Proceedings against Spain under the Dentists Direotive (78/687/EEC). 
Under the Act of Accession, Spain is not required to recognize the 
qualifications of dentists qualified in other Member States until 
1 February 1991. The Commission was, however, informed by a complaint 
that whereas such dentists were not given access to the profession Spain 
had for some years authorized a large number of dentists to practise in 
its territory after obtaining their qualifications in non-member 
countries, chiefly in Latin America. The Commission considers that 
authorization to practise with effect from the date of accession 
(1 January 1986) is contrary to Community law if the training received in 
non-member countries was of a lower level than that required by the 
Dentists Directive. 
- Proceedings against Germany, also based on a series of complaints under 
the Dentists Directive (78/686/EEC) since Germany, as the Commission sees 
it, does not allow dentists qualified in other Member States in 
accordance with the Directive to practise there unless they accept 
additional conditions not provided for in the Directive. 
- Proceedings against Italy based on the Dentists Directive (78/686/EEC), 
since Italy, having transposed the Directive correctly though rather 
late, passed a new law in 1988, authorizing doctors not specialized in 
dentistry to practise as dentists beyond the final date set in Article 19 
(January 1980), contrary to the Directive. 
-43-
- Proceedings against Luxembourg, where doctors, dentists and veterinary 
surgeons wishing to establish themselves are required to close the 
surgery which they already have in another Member State. The Commission 
considers this to be contrary to Community law, and in particular to the 
judgment given by the Court of Justice in Cases 107/83 Klopp.19 and 96/85 
Commission v France.20 This proceeding has now reached the Court of 
Justice (Case C-351/90). 
- Similar proceedings against Germany, where pharmacists who have an 
establishment in another Member State may not open a new one in Germany. 
Infringement proceedings were commenced against Greece and Spain for 
incomplete transposition of a whole series of directives laying down 
transitional measures for the recognition of professional qualifications 
(24 in Greece and 12 in Spain). 
Proceedings have also been brought against several Member States under 
Article 171 of the EEC Treaty where judgment had already been given against 
them in the Court of Justice for incomplete transposition of certain 
Directives: 
- Case 236/89 concerns the failure of Italy to comply with the judgment in 
Case 49/86 concerning transposition of the Doctors Directive (82/76/EEC); 
- in new proceedings, reasoned opinions were addressed to Belgium and Italy 
for failure to comply with the judgments in Cases 283/86 and 310/86 for 
incomplete transposition of the Transport Auxiliaries Directive 
(82/470/EEC). 
(d) Access to employment in the public service (Article 48(4) of the EEC 
Treaty) 
On 25 July 1990 the Commission decided to serve notice on those Member 
States whose legislation still imposed a nationality requirement on 
candidates for posts in priority areas - teaching, civilian research, 
public health care and public service corporations - following its 
communication of 18 March 1988.21 
19 [1984] ECR 2971. 
20 [1986] ECR 1475. 
21 OJ C 72, 18.3.1988, p.2. 
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (FREE MOVEMENT OF PERSONS) 
ENTRY AND RESIDENCE DK EL IRL NL UK 
68/360/EEC NPA NPA 
73/148/EEC NPA NPA NPA! 
C - Closed 
NPA - Not properly applied 
-45-
I RECOGNITION OF DIPLOMAS j 
! 78/686/EEC - dentists ! 
! 78/687/EEC - dentists 
! 82/76/EEC - doctors 
î 82/470/EEC - transport 
! aux i1larles 
! 85/384/EEC - architects 
î 85/432/EEC - pharmacists 
! 86/457/EEC - general 
! medicine B ! 
CW ! 
CW 
CW 
NPI 
!NPI 
jNP 1 
! -DK| 
C ! 
C 
-
-
! -
! C 
! C D ! 
NPA! 
CW 
C 
-
! C 
!NPA 
! C EL | 
C ! 
-
C 
NMN 
NMN 
! -
i -E | 
NPA! 
NPA 
-
i -
|NPI 
1NMN 
i -F | 
C ! 
C 
C 
C 
! -
! C 
i c IRL ! 
C ! 
C 
-
C 
! C 
i -
i -1 | 
NPA! 
NPA 
C 
NMN 
jNMN 
INMN 
i c L j 
CW | 
C 
-
-
! C 
I -
! -NL| 
CW ! 
CW 
C 
1 -
| -
! C 
j -P ! 
- ! 
-
-
! -
INPI 
| -
i -UK! 
C i 
C i 
- j 
C ! 
! C j 
} - ! 
! - ! 
C - Closed 
CW - Case withdrawn from Court of Justice 
NMN - No measures notified 
NPA - Not properly applied 
NPI - Not properly incorporated 
PEOGKESS IN IJdPLEMENTM; DIRECTIVES APPT.TnAJ^ yr* 
FREE MOVEMENT OF PERSONS 
The overall rate of progress, at 94%, is considerable, even if it is not 
always obvious to the citizen. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
9 
9 
9 
9 
9 
9 
9 
9 
9 
9 
9 
9 Directives 
for which 
measures 
have been 
notified 
9 
9 
9 
7 
9 
9 
9 
6 
8 
9 
9 
9 % 
100 
100 
100 
77.7 
100 
100 
100 
66.6 
88.8 
100 
100 
100 
-47-
5. Consumer policy and product safety 
The first directive issued under the new approach, Directive 88/378 on toy 
safety, became applicable this year. This is an important directive bat 
the Commission observes that progress in implementing it has been 
disappointing. 
In the second half of 1989 only three Member States had adopted 
implementing measures although the time limit for implementation was 
30 June 1989. This, then, was the situation on 1 January 1990, when 
harmonized rules for the internal market in toys were supposed to be in 
operation everywhere. In the course of the year five further Member States 
notified implementing measures, though some of them deviated quite 
substantially from what was required by the directive. And by the end of 
1990, four Member States had still not notified their national legislation. 
As long as the Member States do not have equivalent legislation and good 
administrative practice to back it, the directive cannot have its full 
effect. Moreover, late transposition by the Member States generates 
problems as to the treatment of toys already delivered to dealers at all 
levels of the distribution chain before the directive entered into force 
and still in their stocks. 
The transposition of other directives also leaves much to be desired. More 
than half the Member States still have to Implement Directives 87/102 
(consumer credit), 88/315 (amending Directive 79/581 on the indication of 
food prices) and 88/314 (indication of prices of non-food products). 
In judgments given on 16 November and 6 December 1989 respectively, the 
Court of Justice found that Belgium and Greece had failed to transpose 
Directive 84/450 on misleading advertising. Greece has now adopted 
implementing measures, but Belgium has still not fully complied with the 
Court's judgment. Italy has not yet transposed the Directive and 
infringement proceedings are in motion. 
As regards the directive on cosmetics (76/768), the preliminary ruling 
given by the Court of Justice on 23 November 1989 at the request of a 
German court held that the Italian legislation was contrary to the 
directive, but Italy has still not brought its legislation into line with 
Community law. 
-48-
The Commission has still been receiving complaints on the way Community law 
on consumer protection is applied in the Member States. One important case 
concerned cross-frontier problems in applying Directive 84/450 on 
misleading advertising. Several complaints were received <3oncerning 
misleading advertising emanating from one Member State and addressed 
exclusively to the public in another Member State. This case highlighted 
the difficulty of applying directives in a cross-border context, for each 
piece of implementing legislation is always, despite harmonization, a piece 
of national legislation which applies only within national borders. 
-40-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (CONSUMERS) 
! B ! DK! D ! EL! E ! F !IRL! I | L ! NL! P | UK 
88/378 ! C SNMNi C ! C ! - ! - ! C !NMN!NMN!NMN! - ! -
88/102 !-!-!-!-!-!-!-!-!-!-!-!-
88/315 ;NMN: - : - ;NMN: - INMN: - ;NMN; - INMNI - INMN 
88/314 J NMN', - ! - ! C ! - |NMN| - ! NMN ! - |NMN| - |NMN 
84/450 INMN! -! -I C | - ! - ! C |NMN| - ! - j - | C 
76/768 ! C ! C î C !NPI !NPI!NPI ! - !NPI ! C ! C !NPA! C 
C - Closed 
NMN - No measures notified 
NPA - Not properly applied 
NPI - Not properly incorporated 
-50-
PROGRESS IN IQJPIJMWtNG DraECTIVHft APPT-TnAKT.?; TO OflNSOMERS 
Progress here, at 83% is reasonably good. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
41 
41 
41 
41 
41 
41 
41 
41 
41 
41 
41 
41 Directives 
for which 
measures 
have been 
notified 
32 
36 
38 
35 
36 
35 
31 
30 
33 
33 
32 
37 % 
78 
88 
93 
85 
88 
85 
76 
73 
80 
80 
78 
90 
-51-
B. EMPLOYMENT AND SOCIAL POTJCY 
1. F/T1^1 tfrfta.tmCTt 
A reasoned opinion was sent to the Greek Government in 1990 concerning 
non-conformity of the measures it had introduced to give effect to 
Directive 76/207/EEC on equal treatment for men and women as regards access 
to employment. 
Another was addressed to the Belgian Government in respect of a specific 
case of discriinination against women in occupational supplementary 
redundancy payment schemes. 
The United Kingdom, Ireland, Greece and the Netherlands were late in 
transposing into national law certain parts of Directive 79/7/EEC on the 
progressive implementation of the principle of equal treatment for men and 
women in matters of social security, which applies only to statutory 
schemes. For these countries a serious problem is posed by the fact that 
certain national implementing measures, adopted late, were not made 
retroactive (to the deadline for transposition fixed by the Directive). 
The four infringement proceedings for faulty application are in progress. 
Five Member States (Belgium, Denmark, Greece, Italy and the Netherlands) 
have not communicated measures to give effect to Directive 86/378/EEC on 
equal treatment for men and women in occupational social security schemes. 
Letters of formal notice were sent in 1990. 
Transposition measures should have been communicated by 30 July 1989, and 
the Directive should have effect from 1 January 1993. 
It should be noted, however, that the judgment handed down by the Court of 
Justice in Case 262/88 Eaxbex on 17 May 1990 invalidated several provisions 
of the Directive with regard to employees, to whom Article 119 of the EEC 
Treaty is henceforth directly applicable. 
-52-
2. Sryrlfll security 
The Commission is very pleased with the progress made in this area, which 
is so important for the promotion of occupational mobility within the 
Community, thanks to the termination of a number of infringement 
proceedings, some of which dated from 1986. The cases were ended once the 
Member States concerned had rectified the situations challenged. Three of 
them had to do with the principle of the "exportahility" of benefits 
falling within the scope of Regulation (EEC) No 1408/71. 
However, there are different interpretations of the exportahility 
principle, and the Commission is pressing on with proceedings in which 
reasoned opinions have been sent to four Member States (Belgium, Denmark, 
Italy and the Netherlands). 
Two further infringement proceedings, initiated for the same reasons, are 
pending before the Court of Justice. 
Three other reasoned opinions were sent to Germany, Belgium and Italy in 
connection with discrimiiiatory practices based on nationality in fields 
such as unemployment benefit withheld from Community nationals not covered 
by the bilateral Swiss-German agreement, unjustified reductions in old-age 
pensions, and unemployment benefit. 
Two proceedings against Germany which were terminated are worth mentioning. 
They concerned: 
refusal to allow periods devoted to the bringing up of children to 
count for purposes of the pension insurance scheme; and 
refusal to grant family allowances to workers with children who are 
unemployed in another Member State. 
A case similar to the latter concerning the Netherlands was also 
terminated. 
Lastly, it was decided to terminate a proceeding against France relating to 
contributions paid by Community nationals who worked in Algeria before 
independence. 
3. Ttea-1-hh *.T^ sa-tety of workers 
In 1990 the Commission sent letters of formal notice to the governments of 
six Member States (Germany, Italy, Luxembourg, Netherlands, Portugal and 
Spain) for failure to cxamraunicate national measures to give effect to 
Directive 88/364/EEC banning certain specified agents and/or certain work 
activities. 
Germany and Italy have since communicated their implementing measures to 
the Commission. 
-53-
Notioe was served on only four Member States (Belgium, Italy, Luxembourg 
and the Netherlands) for failure to communicate national measures to give 
effect to Directive 86/188/EEC on the protection of workers from noise. 
It should be borne in mind, however, that these two Directives ought to 
have come into operation on 1 January 1990. 
In response to letters of formal notice sent to seven Member States in 1989 
(Denmark, France, Greece, Italy, Luxembourg and the Netherlands) and 1990 
(Spain), only Greece and France have communicated national measures to give 
effect to Commission Directive 88/35/EEC adapting to technical progress 
Council Directive 82/130/EEC on the approximation of the laws of the Member 
States concerning electrical equipment for use in potentially explosive 
atmospheres in mines susceptible to firedamp. With regard to the same 
Directive, the Commission initiated proceedings for non-conformity of 
national implementing measures against France and the United Kingdom. 
4. Working conditions 
The Commission sent reasoned opinions to the United Kingdom Government for 
non-conformity of national measures to give effect to Directives 75/129/EEC 
(collective redundancies) and 77/187/EEC (safeguarding of employees' rights 
in the event of transfers of undertakings), with particular reference to 
the fact that workers' representation in firms depends solely on the 
employer. 
As in the seventh report, it has to be pointed out once again that 
Directive 75/129/EEC has still not been transposed into Italian law despite 
the fact that the Court of Justice has found against Italy in two 
judgments. 
As agreed by the Commission, the relevant Member of the Commission made 
representations to the Italian Government at a Council meeting to secure 
the adoption of the measures required. 
The Commission has not yet received any communication to this effect from 
the Italian Government. 
-54-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (EMPLOYMENT AND SOCIAL POLICY^ 
! EQUAL TREATMENT ! 
! 76/207/EEC 
! 79/7/EEC 
! 86/378/EEC 
J HEALTH AND SAFETY 
! 88/364/EEC 
! 86/188/EEC 
! 88/35/EEC 
! 82/130/EEC 
! WORKING CONDITIONS 
! 75/129/EEC 
! 77/187/EEC B ! DK| D i 
NPAj D ! C 
NPA! - ! -
NMN!NMN! -
- ! - JNMN 
- iNMN! -
- !NMN! -
C ! C ! C 
C ! - ! C EL! 
NPI 
-
-
NMN 
! C 
C E : 
- ! 
-
NMN 
NMN 
! -
-F ! IRL! I ! 
NPI ! C i C 
- iNPA! - : 
NMN! C iNMN 
- ! - JNMN 
- ! - !NMN 
NMN! C INMN 
C ! C !NMN 
C ! C ! C L 
C 
C 
NMN 
NMN 
NMN 
NMN 
C 
C NL| 
C ! 
NPA 
NMN 
NMN 
NMN 
NMN 
: c 
C P ! 
- ! 
- ! 
-
NMN 
-
-
! -UK! 
C ! 
NPA! 
- ! 
- ! 
- ! 
NPI ! 
NPA! 
NPA! 
C » Closed 
D - Derogat ion 
NMN - No measures notified 
NPA « Not properly applied 
NPI - Not properly Incorporated 
-55-
FROGRESS IN IMPLEMENTINr, nrKBTCETVKfi APPLTCAKT.E TO 
EMPLOYMENT AND SOOIAL POLICY 
There were 22 directives22 to be transposed by the Member States on 
31 December 1990. The transposition rate was 62%. Italy and the 
Netherlands are the main "laggards", as can be seen from the table. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
21 
20 
21 
21 
21 
21 
19 
21 
21 
21 
19 
21 Directives 
for which, 
measures 
have been 
notified 
19 
18 
18 
16 
18 
18 
16 
15 
16 
15 
16 
19 % 
90.4 
90 
85.7 
76.1 
85.7 
85.7 
84.2 
71.4 
76.1 
71.4 
84.2 
90.4 
22 The number varies from one Member State to another because of 
derogations and provisions which are not applicable or have been 
changed. 
-56-
OOMMON AGRIGOLTORAL AND FISHERIES POLICIES 
i. Common agricuLtuxal policy 
Agricultural legislation 
Whilst working towards the removal of technical barriers to the free 
movement of agricultural products (in the ways described above), the 
Commission has also endeavoured to ensure that the other provisions of the 
Community's agricultural legislation are genuinely and properly applied. 
In particular it has closely monitored compliance with the mechanisms 
introduced to bring agricultural production under control and thus ensure 
the rapid, effective and non-^iiscrimiiiatory application of the measures 
taken to reform the CAP. This close surveillance has revealed a number of 
shortcomings affecting both the specific measures to contain production 
(milk quotas, co-responslhility levy on cereals, compulsory distillation of 
wine) and the structural measures for the limitation of supply (set-aside). 
The action taken on infringements against the milk quota system included 
the partial recovery of the additional levy due in certain Member States 
(Belgium, Germany, Italy and Luxembourg) where the overall guaranteed 
quantity for 1988-89 had been exceeded. This was consistent with the 
Commission's decision to withhold a total of ECU 57.4 million of the 
advances due to these Member States in respect of EAGGF expenditure. This 
decision was contested in the Court of Justice by two of the Member States 
concerned. Apart from the financial aspects, such infringements mean that 
not all producers are treated equally under the compulsory measures adopted 
at Community level since the penalties applied differ from one Member State 
to another. 
Similarly the Commission found, on initiating the Article 169 procedure, 
that France was incorrectly implementing the arrangements whereby the fat 
content of milk deliveries is taken into account and that, consequently, 
French producers enjoyed an unfair advantage. In certain cii'cumstances a 
higher fat content may entail the collection of the additional levy. 
A problem similar to that encountered with the milk quota scheme was 
France's failure to collect and pay to the Community budget the 
co-responsibility levy on cereals. On 5 December 1990 the Commission 
therefore decided to issue a reasoned opinion on this matter. 
-57-
As regards cxampulsory distillation, the Court of Justice, ruling on an 
application from the Commission, condemned the German authorities' failure 
to order the immediate enforcement of notices of liability for œmpulsory 
distillation during the 1984-85 wine year or to use the coercive measures 
provided for under German law to deal with producers refusing to deliver 
table wine for such distillation.25 
As regards structural measures to limit supply, the Commission found that 
Denmark was the only Member State not to have adopted the necessary 
legislative measures introducing a system of aid to encourage the set-aside 
of arable land. The Commission therefore referred the matter to the Court 
of Justice. In the course of the proceedings, however, Denmark adopted the 
required measures, thus enabling the Commission to withdraw its action. 
Whilst monitoring the application of the measures taken to reform the CAP, 
the Commission also made a point of prosecuting those infringements which 
could affect the control exercised over EAGGF resources. In this context 
the Commission was particularly pleased to withdraw the action brought 
against France, which had failed to adopt provisions penalizing 
infringements against the aid scheme for the production of olive oil as 
provided for in Regulation (EEC) No 2262/84. Following a preliminary 
hearing the French authorities notified the Commission of the rules and 
regulations laying down the national penalties concerned. 
Lastly, the Commission initiated proceedings against certain Member States, 
and Belgium in particular, for their failure to carry out proper 
inspections of the storage conditions and health status of intervention 
beef. 
Although the measures taken to reform the CAP have received special 
attention, the Commission has not neglected to check on the application of 
specific market-organization mechanisms. The Court of Justice ruled 
favourably on two actions brought by the Commission against Greece for 
non-compliance with the rules on the common organization of the market in 
cereals. 
23 See judgment of the Court of Justice in Case 217/88 Commission v 
Germany, not yet reported. 
-58-
For several years the Commission has been endeavouring to eliminate the 
irregularities in the management of this market which have arisen from 
government intervention through KYDEP (described as a form of cooperative 
organization), with the result that, in the case of products such as feed 
grain, what might be called a national market organization has continued to 
operate since Greek accession. 
The Commission succeeded in collecting, by its own methods, sufficient 
proof to convince the Court of Justice that the Government had instructed 
KYDEP to buy in poor-quality durum wheat which failed to meet intervention 
standards24, that feed grain had been bought in at prices higher than the 
market price, and that KYDEP had sold this grain at a loss to stockfaxmers, 
the loss being covered by the State.25»26 
One other case is pending, concerning a system of government "programme 
contracts" to encourage exports, at set prices, of pasta products, flour 
and meal made from cereals receiving a hidden subsidy from the State.27 
24 Judgment of 24 November 1989 in Case 281/87 Commission v Greece, not yet 
reported. 
25 Judgment of 12 July 1990 in Case 35/88 Commission v Greece, not yet 
reported. 
26 Judgment of 30 May 1991 in Case 110/89 Commission v Greece, not yet 
reported. The Court also ruled against the ban on exports imposed on 
private traders at KYDEP's request in autumn 1985. 
27 Case 61/90, Commission v Greece, pending. 
-59-
This was the case, for example, with the monopoly granted by Greece to the 
Ktinotrofiki cooperative for the supply of frozen beef from intervention 
stocks to non-profit-making institutions and establishments (hospitals) and 
with the failure of Greece to recognize certain producers' organizations 
even though the latter met the Community criteria for recognition 
(N.B. : Greece complied with the rules before the preliminary hearing). As 
regards non-recognition of producers' organizations and associations 
thereof, it should also be mentioned that Spain has finally complied with 
the Commission's reasoned opinion by recognizing the FEDEPROL organization. 
Apart from the measures taken to reform the CAP, the checks on EAGGF 
expenditure and specific market-organization measures, the Commission took 
action to rectify any infringements brought to its attention as conflicting 
with the terms of the most recent accession. 
In the agricultural sector these infringements included Spain's refusal to 
authorize imports under the offsetting arrangements applicable in the oils 
and fats sector and the continued marketing in the United Kingdom of 
products described as "Australian Sherry" or "South African Sherry", such 
descriptions being prohibited under the Community rules. 
It should be mentioned that both these Member States did comply with the 
rules once a reasoned opinion had been issued. 
Lastly, the Commission must single out for special criticism Italy's 
persistent refusal to comply with the Court's ruling of 12 February 1987 in 
Case 69/86 whereby the Court had censured Italy under Article 171 of the 
EEC Treaty for non-compliance with the judgment given on 15 November 1983 
in Case 322/82 concerning Italy's failure to observe the rules for the 
enforcement of quality standards in the fruit and vegetables sector. 
Despite repeated approaches from the Commission, Italy still refuses to 
comply with the rules, to the detriment of the proper working of the 
Community, which is based on observance of the law. 
-60-
Agricultura,1 directives 
The areas covered by the harmonization directives are plant health, seeds 
and seedlings, animal feedingstuffs and the veterinary sector. 
Where the transposition of directives was concerned, 1990 saw a significant 
increase in the number of infringement procedures initiated under 
Article 169 of the Treaty for failure to inform the Commission of national 
implementing measures. The number of such procedures rose from 90 in 1989 
to 127 in 1990, whilst the number of reasoned opinions (28) and referrals 
to the Court (3) showed little change. It should be noted, however, that 
57 formal notices were served on a single Member State (Portugal) which, 
despite the time which it has been given to transpose the Community rules, 
is still lagging well behind in the agricultural sector, particularly in 
the veterinary field where certain important directives have not yet been 
fully transposed. These include Directive 71/118/EEC (poultrymeat), the 
amendments thereto and other directives of great importance to the 
completion of the single market in 1992 (the directives on hormones, 
heat-treated milk, animal diseases, pesticide residues in foodstuffs of 
animal origin). It should be said, however, that Portugal has made a 
considerable effort in the feedingstuffs sector where all the directives 
have now been transposed, thus making Portugal the first Member State to 
meet its obligations in this area. 
Despite its declared willingness to take action, Italy is still 
encountering great difficulty in transposing the agricultural directives. 
Following the three reasoned opinions issued against Italy in 1989 for its 
failure to implement the judgments given by the Court of Justice, a formal 
notice was served on Italy in 1990 for the same reason. Leaving aside 
Portugal, Italy is also the Member State against which the largest number 
of infringement procedures were initiated in 1990 for failure to transpose 
legislation (13 formal notices, 10 reasoned opinions and 3 referrals to the 
Court). 
Despite the contacts maintained since the White Paper and despite the 
Commission's insistence that Member States should give priority to the 
transposition of directives with a view to the completion of the internal 
market, it is a regrettable fact that some Member States do not appear to 
consider the transposition of directives as a priority matter. In addition 
to the above-mentioned infringements by Portugal and Italy, the Commission 
had to address nine letters of formal notice and one reasoned opinion to 
the Netherlands, six formal notices and six reasoned opinions to Greece, 
and six formal notices and five reasoned opinions to Belgium. 
The follow-up to the White Paper seems to be bearing fruit, however, and 
certain Member States deserve some praise, including Denmark, to whom no 
letter of formal notice or reasoned opinion was addressed in 1990. 
-61-
Spain, for its part, has made a considerable effort to bring its national 
law into line with Community law. Only six formal notices have been served 
on this Member State, which thus ranks as third (after Denmark and Germany) 
among the Member States doing most to meet their obligations as regards 
transposition. 
The transposition of certain directives would seem to pose problems for the 
Member States generally. Since these directives are important in the 
context of 1992, they deserve a special mention in this report. 
One category comprises the various directives relating to reproduction and 
artificial insemination. The deadline for the transposition of these 
directives has either expired already or will expire in 1991. 
Directive 87/328/EEC (pure-bred breeding cattle), for example, was the 
subject of three reasoned opinions in 1990 whilst eight letters of formal 
notice had to be sent concerning Directive 88/407/EEC (artificial 
insemination) during the same year. This would therefore seem to be a 
sensitive area and since the five directives dealing with pigs, sheep and 
goats for breeding and the importation of bovine embryos are due for 
transposition in 1991, there is reason to fear that the number of 
infringements in this sector will increase considerably unless it receives 
closer attention from the Member States. 
Another category of directives forming the subject of infringement 
procedures consists of those relating to trade in fresh meat. In 1990 six 
reasoned opinions were addressed to Member States which had not yet 
transposed Directives 88/288/EEC and 88/289/EEC. 
The transposition of the directives relating to iiiter-Ccanmunity and 
extra-Community trade in meat products also seems to cause the Member 
States serious difficulties. Directive 89/227/EEC, which was to be 
transposed by 30 June 1990, has thus been the subject of eleven 
infringement procedures. 
These examples, all of which involve ""White Paper" directives that must be 
transposed and implemented for the completion of the internal market, 
illustrate the difficulty which Member States have in meeting their 
obligations in this field. An extra effort is called for in view of the 
limited time available for achieving the 1992 objective. 
Similarly, the Commission notes that several Member States have been very 
slow to transpose directives relating to plant health (pesticide residues 
and harmful organisms), on the one hand, and to the marketing of seeds and 
seedlings on the other. 
In view of such slow progress and given the short time left for the 
completion of the internal market, the Member States concerned will have to 
take appropriate steps to ensure that the directives which the Council is 
to adopt in these sectors in 1991 are transposed within the prescribed 
time-limits. 
-62-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO DIRECTIVES (CAP) 
i AGRICULTURAL DIRECTIVES ! B 
! 89/227/EEC jNMN 
! 88/407/EEC SNMN 
88/289/EEC JNMN 
! 88/288/EEC îNMN 
! 87/328/EEC ! -
71/118/EEC JNPA DK| D ', EL 
- JNMNINMN 
- I - INMN 
C | C | C 
- I C INMN 
- | C |NMN 
- INPASNPA E' | F 
NMN|NMN 
- INMN 
- I -
- I -
D S C 
- I -IRL 
NMN 
NMN 
-
-
NMN 
! -I 
NMN 
NMN 
NMN 
NMN 
-
I NPA L | NL| P S UK| 
NMN|NMN| - |NMN| 
NMN| - |NMN}NMN| 
- I C | - | - | 
- I C | - INMN| 
C |NMN| - î NPA! 
C I C |NMN| - | 
C « Closed 
D « DerogatIon 
NMN - No measures notified 
NPA = Not properly applied 
-63-
nnrarnvES APPLTCATÏÏ.K 
WOW, TOE CAP 
Harmonization under the agricultural policy entails a varying number of 
directives in the different Member States. The rate of progress, at 92%, 
is attained despite problems in the veterinary area, particularly in 
relation to trade in fresh meat. 
The low figure for Portugal is evidence of the difficulties arising as the 
approaching end of its transitional period - and therefore of its 
derogations - means that the new obligations will soon have to be met. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
united Kingdom Directives 
applicable 
249 
249 
249 
248 
248 
249 
249 
249 
249 
249 
248 
249 Directives 
for which 
measures 
have been 
notified 
233 
241 
242 
231 
236 
232 
232 
208 
228 
234 
157 
237 % 
93.6 
96.1 
97.2 
93.1 
95.2 
93.2 
93.2 
83.5 
91.6 
94.0 
63.3 
95.2 
-64-
2. Common fisheries policy 
To enforce the Community arrangements for the conservation and management 
of fiEfo «tnnftrcfr the Commission continued to take action whenever catch 
quotas were exceeded, bearing in mind that overfishing indicates a failure 
of the Member State concerned to monitor fishing activities. This view was 
shared by the Court in its judgment of 20 March 1990 in Case C-62/89 
Commission v France, which dealt with instances of overfishing in the 
course of 1985. Another action brought against France (Case C-244/89: 
overfishing in 1986) is still pending. Infringement procedures were also 
initiated against the United Kingdom (overfishing in 1985, 1986 and 1987), 
the Netherlands (overfishing in 1986 and 1987), Spain (overfishing in 1988) 
and France (overfishing in 1988). 
Compliance with the fishery control measures which Member States must apply 
on their territory and within their waters received special attention from 
the Commission with a view to ensuring the consistency of the conservation 
arrangements. Investigations were made into infringements by Spain 
(failure to check landing declarations against the data recorded when the 
fish were sold), France (failure to meet its obligation to penalize 
breaches of the Community rules concerning logbooks), Spain (refusal to 
cooperate with authorized Commission inspectors), France (failure to 
observe the deadline for the notification of catches subject to TACs or 
quotas) and Denmark (national legislation contrary to the Community rules 
concerning logbooks). The cases referred to the Court (Case C-64/88 
Cnmrpi.s^lon v France: inadequate enforcement of technical measures for the 
conservation of stocks; Case C-258/89 Commission v Spain: failure to meet 
the obligation to record catches subject to TACs or quotas in waters 
outside the Community fishing zone) are still pending. 
There has been a considerable improvement in Member States' application of 
the Community rules on the compulsory notification of the data required 
under the common organization of the market. The Commission has been able 
to terminate a procedure initiated against France. On 27 November 1990 the 
Court delivered its judgment in the cases against Ireland (Case C-39/88), 
Greece (Case C-200/88) and Italy (Case C-209/88). In the latter the 
Court's ruling confirmed the Commission's position as justified. 
The Commission has continued its close and systematic monitoring of 
rational figfyyHes legislation in order to assess compatibility with the 
provisions and prerogatives of Community law. In this context, mention 
should be made of the cases referred to the Court in 1989. Case C-93/89 
concerns Irish legislation which makes the issue of fishing licences 
subject to a nationality condition, whilst Case C-246/89 relates to the 
United Kingdom's Merchant Shipping Act 1988, which lays down nationality 
-65-
conditions for the granting of national flag rights to fishing vessels. 
Judgment on both these cases is pending. The same applies not only to 
Case C-221/89, in which the Court has been asked for a preliminary ruling 
on British legislation concerning the granting of national flag rights to 
fishing vessels, bat also to the applications lodged under Article 169 of 
the Treaty against the British legislation which makes fishing licences 
subject either to nationality and residence conditions as regards the 
composition of crews or to conditions whereby vessels must return 
periodically to British ports (Case C-279/89) and against Irish legislation 
which, following the example of the United Kingdom, prohibits British 
vessels from fishing in Irish waters unless they have obtained a fishing 
licence subject to the terms laid down by the above-mentioned British 
legislation (Case C-280/89). 
In conjunction with the legal proceedings brought against the British 
legislation on the granting of flag rights to fishing vessels, mention 
should also be made of the House of Lords' request for a preliminary 
ruling, under Article 177 of the Treaty, concerning the obligation on 
national courts to grant interim relief if the case in question has been 
referred to the Court of Justice (Case C-213/89). In its ruling of 
19 June 1990 the Court confirmed that national courts were obliged in such 
cases to ensure full compliance with directly applicable Community law. In 
its ruling of 27 July 1990 the House of Lords therefore granted the 
applicants, who were contesting the restrictive conditions introduced by 
the British legislation in question, the necessary legal protection while 
the main action was pending. 
Whilst initiating proceedings against the United Kingdom legislation on the 
granting of licences and flag rights to fishing vessels, the Commission 
also reviewed the legislative position in the other Member States. This 
review resulted in the initiation of proceedings under Article 169 against 
all the Member States concerned since they, too, had similar national rules 
whereby the granting of fishing licences and/or flag rights was subject to 
conditions of nationality, residence and main place of establishment. 
The said proceedings raise questions of principle as regards the precedence 
of Community law over public international law, on the one hand, and as 
regards the reconciliation, for the purposes of the catch quota system, of 
the basic principles of the Treaty (such as freedom of establishment) with 
the specific aims of the common fisheries policy. More particularly, one 
of the fundamental questions arising in this context is to what extent, 
subject to compliance with the Treaty and given the underlying principles 
and specific features of the common fisheries policy, a relationship must 
exist between a fishing vessel and the Member State whose flag it flies and 
whose quotas it fishes. 
-66-
As regards other national fisheries measures, it should be mentioned that 
judgment it still awaited in Case C-146/89, in which the Court has to rule 
on the United Kingdom's extension of its territorial waters and the 
consequent restrictions on the special rights enjoyed by fishermen from 
other Member States under the Act of Accession and the basic regulation 
(Regulation (EEC) No 170/83). 
-67-
D. COMPETITION 
The Commission's main activities on the adjustment of State monopolies and 
public undertakings are summarized below. 
1. Public undertakings 
The following cases regarding public undertakings as referred to in 
Article 90 of the EEC Treaty are worthy of note: 
- With respect to Commission Directive 88/301/EEC of 16 May 1988 
(OJ L 131, 27.5.1988) on competition in the markets in 
telecommunications terminal equipment, the Commission pursued its 
scrutiny of the implementing measures taken by the Member States and 
terminated three of the five infringement proceedings commenced (those 
against Denmark, Ireland and Germany). Infringement proceedings are now 
running only against Belgium and Spain. 
- The new infringement proceeding commenced against Greece with respect to 
the insurance of public property and loans granted by State-owned banks 
in Greece (see point 162 of the preceding report) was closed after 
Greece promulgated Law 1975/1990 in February, abolishing the 
preferential treatment given to public-sector insurance companies. 
2. Monopolies 
- With regard to the Greek petroleum products monopoly, the Commission was 
not satisfied with the Greek authorities' answer to its reasoned opinion 
concerning the compulsory storage rules, which it considered to be 
incompatible with Articles 30 and 37 of the EEC Treaty; it consequently 
felt unable to terminate the proceeding. 
Furthermore, on those aspects of the monopoly which the Commission 
referred to the Court of Justice on 8 June 1988, the Court gave judgment 
on 13 December, declaring that measures which maintain in effect the 
State's import and marketing rights for petroleum products, subject the 
distribution companies' annual procurement programmes and any amendments 
thereof to the approval of the Greek authorities and establish a system 
of marketing quotas are incompatible with Articles 30, 34 and 37(1) of 
the EEC Treaty. It held, by contrast, that preservation of the 
exclusive right to import crude oil was not ijicompatible with Community 
law, since the Commission itself had not objected to the national 
refining monopoly, which was the sole authorized importer. It dismissed 
the Commission's other objections on grounds of procedural defects. 
-68-
The Commission concluded that the legislative changes announced by the 
Portuguese authorities in response to its reasoned opinion of 
January 1989 (point 161 of the preceding report) brought the rules 
governing the Portuguese oil monopoly into line with Community law, but 
decided not to terminate the proceeding until the new measures had 
actually been adopted and the Commission was in a position to assess 
their practical impact. 
With respect to the adjustment of the Spanish oil monopoly, the 
Commission is continuing to keep a close eye on the situation to ensure 
that the Government's œmmitments are strictly upheld. Among other 
things, it approved new rules and regulations designed to give 
independent suppliers access to large-scale users of certain petroleum 
products and to abolish exclusive retail, rights. 
The Commission did, however, insist that the Spanish Government should 
do more to develop the parallel network of service stations. 
Lastly, the Commission had no choice but to refer the Portuguese alcohol 
monopoly to the Court of Justice, as the Portuguese Government had not 
come into line with the reasoned opinion referred to at point 161 of the 
preceding report. 
-69-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (COMPETITION) 
DK EL RL NL UK! 
88/301/EEC NPA NPA NPI 
C - Closed 
NPA « Not properly applied 
NPI - Not properly Incorporated 
-70-
PROGRESS IN IMPLEMENTING DIRECTIVES APPTrTCrA.™ T^ (T^PKTTTT^ 
There is a general backlog of iirplementing measures in the competition 
field, even in the Member States whose performance is usually among the 
best. The progress rate of only 52.7% means that the Commission will have 
to be especially vigilant here. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
3 
3 
3 
3 
3 
3 
3 
3 
3 
3 
3 
3 Directives 
for which 
measures 
have been 
notified 
0 
2 
2 
2 
2 
2 
1 
1 
2 
2 
1 
2 % 
0 
66.6 
66.6 
66.6 
66.6 
66.6 
33.3 
33.3 
66.6 
66.6 
33.3 
66.6 
-71-
E. TRANSPORT 
In 1990 there were favourable developments in three particularly serious 
cases of non-oomplianoe with Community law already mentioned in previous 
reports. They concern the failure to apply the Court's rulings against 
Italy for not incorporating into national law the directives on access to 
the occupation of road haulage operator and road passenger transport 
operator and the mutual recognition of diplomas for road transport 
operators. 
As a result of Commission pressure, Italy adopted a series of national 
instruments in 1988 and 1989 which transpose most of the provisions of 
Directive 74/561/EEC (road haulage operators) into national law. However, 
there is still a major incompatibility concerning the professional 
qualifications requirements for road transport operators which, under the 
Italian law, are applicable from 1 June 1987 instead of 31 December 1974 as 
provided for in the Directive. 
The draft "Community law 1990", which Italy communicated to the Commission 
in April 1990, prepares the ground for applying Directives 74/562/EEC 
(passenger transport operators) and 77/796/EEC (recognition of diplomas) by 
empowering the Minister of Transport to adopt the necessary measures. 
Portugal too has so far failed to take the steps necessary to apply 
Directive 74/562/EEC despite the Commission's insistence. 
The Commission notes with concern that, by the January 1990 deadline, none 
of the Member States had adopted the necessary provisions to implement 
Directive 89/463/EEC, which amends the above-mentioned directives on access 
to the occupation of road transport operator and the mutual recognition of 
diplomas. 
Only Belgium, Italy and Luxembourg have failed to apply 
Directive 88/599/EEC on uniform procedures for applying the regulations on 
social legislation and recording equipment. Italy and Luxembourg have, 
however, informed the Commission of appropriate draft legislation. 
1. Road Transport 
In an order issued by the Transport Minister, Italy declared that road 
transport authorizations for imports and exports of goods via the Austrian 
frontier would not be valid from 15 October 1990. This measure had the 
effect of closing the Austrian frontier to international road freight. 
The Italian order followed the termination of the road freight agreement 
between Italy and Austria on 20 September 1990. Austria then severely cut 
back the number of international transport authorizations for use on its 
national road network. The Italian order was intended as a reprisal 
against the Austrian Government's action. 
-72-
When Italy failed to respond favourably to calls made at Community level to 
reopen the frontier, the Commission addressed a letter of formal notice to 
the Italian Government under Article 169 of the EEC Treaty. 
The Commission expressed the opinion that the closure of the frontier 
between Austria and Italy was an unauthorized unilateral measure contrary 
to Community law (as it was formulated) and likely to affect trade between 
the Member States and obstruct the achievement of a common transport 
policy; at the same time it stated that it was prepared to do all it could 
to find political solutions to the difficulties experienced by Italy and 
other Member States in connection with transit across the Alps. 
Italy lifted the restrictions on vehicles crossing its frontier with 
Austria on 27 October 1990. 
Poad Tax 
Germany adopted legal provisions introducing a road tax on lorries weighing 
more than 18 tonnes. This tax, applicable to German and non-German 
operators using German roads and motorways, was to enter into force on 
1 July 1990. At the same time, the national vehicles tax was reduced by 
approximately the same amount, thus benefiting only German transport 
operators. 
In 1989 the Commission had delivered an opinion on the first versions of 
the German bill, submitted to it under the consultation procedure provided 
for by Decision 62/720/EEC,28 in which it expressed the view that the 
German bill was contrary to Community law and likely to jeopardize 
implementation of a common transport policy. 
On publication of the German law, which was to be applicable from 
1 July 1990, the Commission, under the infringement procedure provided for 
in Article 169 of the EEC Treaty, referred the matter to the Court of 
Justice on the basis of Articles 5, 76 and 95 of the Treaty and at the same 
time asked the Court to order interim measures. The Commission was backed 
in this case by the Governments of Belgium, Denmark, France, Luxembourg and 
the Netherlands. 
In an order dated 12 July 1990 the Court of Justice ruled that Germany 
should suspend charging the road tax in respect of vehicles registered in 
other Member States until judgment in the main proceedings was delivered. 
28 Council Decision instituting a procedure for prior examination and 
consultation in respect of certain laws, regulations and administrative 
provisions concerning transport proposed in Member States, as amended by 
Council Decision 73/402/EEC. 
-73-
2. Inland waterways 
Since Belgium had not taken the necessary measures to implement the Court's 
judgment of 24 May 1988 stating that Belgium had failed to fulfil its 
obligation to transpose into national law Directive 82/714/EEC laying down 
technical requirements for inland waterway vessels, the Commission decided 
to bring the case before the Court on the basis of Article 171 of the 
Treaty. 
The Commission considered that the failure by Belgium and Italy to adopt 
measures to transpose these directives into national law, despite Court 
judgments confirming these omissions, was an extremely serious violation of 
the Community's legal order. 
Directive 87/540/EEC on access to the occupation of carrier of goods by 
waterway has not been transposed into the national law of six Member 
States, including those most concerned, despite the fact that most of them 
have presented draft national implementing measures to the Commission. 
Infringement procedures have been initiated and at the same time the 
competent national authorities have been contacted. 
3. Air transport 
Directive 87/601/EEC on fares for scheduled air services between Member 
States and Decision 87/602/EEC on the sharing of passenger capacity and on 
access to scheduled air service routes were repealed with effect from 
1 November 1990 when they were replaced by Council Regulations (EEC) 
No 2342/90 and No 2343/90 of 24 July 1990. These two regulations 
represent a further step forward in the liberalization of air transport 
services and have the advantage over the previous texts of being directly 
applicable. On 31 October 1990 only seven Member States had transposed 
Decision 87/602/EEC into national law and only eight had transposed 
Directive 87/601/EEC despite reminders and infringement procedures by the 
Commission which had had no more than a limited success. Whatever the 
truth of the claim made by some Member States that they were applying the 
provisions in question, the Decision and the Directive expressly required 
the Member States to adopt and cjoramunicate national transposition measures. 
The new stage of air transport liberalization about to take effect cannot 
be invoked as a reason for not complying with earlier obligations, as at 
least one of Member State did. 
_74-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES fTRANSPORTS 
74/561/EEC 
! 74/562/EEC 
! 77/796/EEC 
! 82/714/EEC 
! 89/463/EEC 
î 88/599/EEC 
! 87/540/EEC 
! 87/601/EEC B 
c 
c 
C 
NMN 
NMN 
NMN 
NMN 
-DKj D ! EL 
C ! C ! C 
C ! C ! C 
- ! - ! C 
- ! C i -
NMN! - INMN 
NMN! - ! C 
- iNMN! -
- ! - ! C E 
-
-
-
-
-
-
-
-F !IRL! I 
C ! C ! -
C ! C !NMN 
- ! C ! - . 
C ! - ! -
NMN!NMN!NMN 
NMN! C !NMN 
NMN! - !NMN 
- ! - ! -L ! NL! P ! UK! 
C ! C ! - ! - ! 
C ! C !NMN! C ! 
C ! - ! - ! C ! 
- ! C ! - ! - ! 
NMN!NMN i NMN!NMN! 
NMN!NMN! - ! C ! 
NMN! - ! - ! - i 
C ! - ! - ! - ! 
C = Closed 
NMN « No measures notified 
-75-
DTJŒCTIVES APPT.TCAHT.K TO TRANSPORT 
Harmonization in transport entails 40 or so directives with a progress rate 
of 88% on the general average. Three Member States - Belgium, Italy and 
Luxembourg - are tending to lag behind, as the table shows. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
39 
37 
39 
38 
39 
42 
36 
38 
37 
40 
32 
37 Directives 
for which 
measures 
have been 
notified 
31 
36 
37 
34 
38 
38 
31 
29 
29 
34 
29 
34 % 
79.4 
97.2 
94.8 
89.4 
97.4 
90.4 
86.1 
76.3 
78.3 
85 
90.6 
91.8 
-76-
F. ENVIRONMENT AND NUÇ^-Att flAFCTy 
1. Protection of wild fauna and flora 
In 1990 the main problems were posed by the designation and protection of 
the habitats of wild birds, the hunting of birds and the exemptions from 
Directive 79/409/EEC granted by Member States. This Directive remained the 
one most in the public eye with a large number of complaints, written and 
oral questions, petitions, infringement proceedings and judgments by the 
Court of Justice. 
Directive 85/337/EEC on the assessment of the effects of certain public and 
private projects on the environment, which became operative in 1988, is 
still in the transitional stage. The Commission terminated proceedings it 
had commenced against Greece, Portugal and Germany for failing to notify it 
of national implementing measures, all three countries having adopted 
legislation in 1990. The number of complaints from individuals opposing 
specific projects is constantly increasing, in particular those concerning 
infrastructure and transport projects and the construction of waste 
processing plants. 
Regulation No 2052/88 stipulates that any project partly or wholly financed 
by the structural Funds or the European Investment Bank must be in keeping 
with Community law and policies, including those on environmental 
protection. In several cases, the Commission has withheld finance from 
projects where an assessment of the impact on the environment had not been 
carried out as required. On the other hand, the Commission takes the view 
that the reference to environment "policy" as opposed to "law" is 
redundant: any project which conforms to Community legislation on the 
environment can be eligible for financing. 
2. Çn^lity pf y^-hAT» 
The Commission has concentrated its efforts on the application of 
Directives 76/160 on the quality of bathing water and 80/778 on drinking 
water. As regards bathing water, the Commission initiated Article 169 
proceedings against all the Member States except Portugal, where the 
Directive does not apply until 1993. The main shortcomings in the 
application of the Directive are: 
the number of bathing areas where the required quality control measures 
are applied; 
the frequency of sampling and the number of parameters examined; 
the quality of water in many bathing areas which does not meet the 
requirements of the Directive despite the fact that the deadline for 
compliance was the end of 1985. 
-77-
The Commission drew the Member States' attention to these problems at 
several bilateral meetings in the course of 1990. It also commenced or 
continued Article 169 proceedings to ensure that Member States clean up 
bathing water which does not conform to Community standards. 
Effective application of the Directive on drinking water was still 
unsatisfactory. In 1990 the Commission Cîommenced or continued proceedings 
against the majority of Member States. The main problems were as follows: 
Several Member States incorporated into their national legislation 
unauthorized exemptions from the provisions of the Directive. Some of 
them issued recommendations to water authorities or companies releasing 
them from compliance with the Directive. This amounts to waiving 
Community legislation's mandatory force. 
In several Member States, concentrations of polluting substances are in 
excess of the authorized limits. The quality of drinking water ought 
to have conformed to the requirements of Directive 80/778 from 
July 1985. Because the Member States are not required by the Directive 
to report on implementation, the Commission does not have sufficient 
information to assess the degree of compliance. Any action it has 
taken has therefore been based mainly on complaints from individuals 
conoerned about the quality of their drinking water. 
In 1990 the Court of Justice found that Belgium had failed to fulfil its 
obligations under Directive 80/778 by allowing drinking water to be 
supplied to the population of Verviers even though the amount of lead it 
contained was above the permitted level. The Commission had initiated the 
infringement proceeding in 1986 as a result of a complaint from an 
individual; this case illustrates the problems caused by the long duration 
of proceedings. In the same judgment, the Court held that Directive 80/778 
did not apply to water from private wells. This question is likely to 
cause difficulties in the application of the Directive to water used by the 
food industry. 
3. 9"flfi1+y of tfr"? **y 
With respect to air pollution, the Commission commenced a number of 
proceedings in 1990 concerning the application of Directive 85/210, which 
requires Member States to ensure balanced distribution of unleaded petrol 
from the end of 1989, the Commission having established that distribution 
was still uneven in the Community as a whole. 
-78-
As regards air quality standards, the Commission brought an action against 
Germany before the Court of Justice to shed light on the legal scope of the 
limit values set by the various Community Directives on air quality. A 
judgment on this case is expected in the course of 1991. At present, the 
full and effective application of Directives 80/779 on sulphur dioxide and 
suspended particulates, 82/884 on lead and 85/203 on nitrogen dioxide is 
hampered by the fact that the Member States have failed almost entirely to 
draw up and iiirplement the required olean-up programmes: the Commission has 
received plans for only 8 out of 56 programmes under Directive 80/779. It 
has received no plans for the four zones covered by Directive 82/884 and 
none for the 35 programmes provided for in Directive 85/203. As a result 
of proceedings initiated by the Commission concerning air pollution in 
Dublin and Athens, measures have been adopted which should lead to an 
improvement in the quality of the air in these two cities. Proceedings 
have also been commenced concerning urban areas in Italy and Spain. 
4. Noise 
There were no particular problems in the application of the various 
Directives on noise pollution with the exception of Directive 80/51 on 
aircraft noise. The Commission took action against Belgium for granting an 
exemption from the Directive to regional airports. 
5. Vafitft a.-nd (tangprmiq substances 
The Commission brought an action against Germany before the Court of 
Justice concerning the extent of Member States' right under 
Directive 67/548 to decide for themselves on the labelling and 
classification of dangerous substances falling within the scope of the 
Directive. 
The application of Directive 82/501 on the prevention of major industrial 
accidents is on the whole satisfactory in all the Member States. 
Nevertheless, the Commission had to initiate infringement proceedings 
against a number of Member States for failing to transpose into national 
law Directive 88/610, which amended Directive 82/501 after the accident in 
Basel in 1986. 
It is difficult to monitor the conformity of national measures transposing 
Directives on waste for two reasons: first, the Commission has proposed 
substantial amendments to Directives 75/442 (waste), 78/319 (toxic and 
dangerous waste) and 84/631 (shipment of hazardous waste), thus making 
application of the existing instruments difficult; second, the Commission 
and Council disagree on whether the legal base of the "waste" Directives 
should be Article 100a or Article 130s. The Commission hopes that the 
judgment to be delivered by the Court of Justice on the legal base of 
Directive 89/428 on titanium dioxide will shed light on the nature and 
scope of Member States' rights and obligations concerning waste. 
-79-
The application of the "waste" Directives is still most unsatisfactory in 
Belgium and Italy and several other Member States. The lack of progress is 
perhaps best illustrated by the fact that none of the Twelve has submitted 
plans or programmes under Directives 75/442 and 78/319 despite the 
obligations which are clearly laid down in the two instruments. 
Generally speaking, it needs to be borne in mind that the main problem in 
this field is the progressive deterioration of the environment rather than 
the late or inadequate transposai of any particular Community provision. 
Particular attention should therefore be paid, to full enforcement of all 
environmental rules. However, as it pointed out in its last report 
(point 149), the Commission does not have the means at its disposai to 
ensure effective enforcement. It has to rely almost entirely on œmplaints 
from individuals - of which it received 377 in 1990 - simply to keep 
informed of cases where the rules are not applied. 
-80-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (ENVIRONMENT) 
! B ! DK| D | EL 
! 79/409/EEC !NP1 ! - JNPIiNPA 
! 85/337/EEC !NPA| - !NPA!NPA 
! 76/160/EEC !NPA! C |NPA!NPA 
! 80/778/EEC JNPA! C !NPAJNPA 
! 85/210/EEC i C ! C ! C ! C 
! 82/884/EEC ! - J C ! NP I ', C 
! 85/203/EEC !NPI ! - !NPI !NPA 
! 80/51/EEC !NPI! C ! C ! C E 
NPA 
NPA 
NPA 
NPA 
-
NPA 
NPA 
-F ! IRL! I 
NPI!NPAINPA 
NPAINPAINPA 
NPA! C INPA 
NPA!NPA!NPI 
- ! C i C 
NP I ', C ! NP I 
NPI! - JNPI 
C ! C ! C L ! 
C 
NMN 
C 
NPA 
C 
C 
-
C NL 
C 
NPA 
NPA 
NPI 
NPI 
C 
-
C P ! 
NPA 
NPA 
-
-
-
-
! -
! -UK! 
NPA! 
NPA! 
NPA! 
NPA! 
- ! 
C ! 
NPA! 
C ! 
C - Closed 
NMN « No measures notified 
NPA « Not properly applied 
NPI - Not properly Incorporated 
-81-
! B ! DK| D ! EL| E 
! 67/548/EEC !NP1 ! - ! - ! - ! -
! 82/501/EEC !NPA! - !NPI ! C ! -
! 84/631/EEC !NPA! C JNPA! C !NPI 
! 75/442/EEC JNPA! C JNPA!NPA!NPA 
! 78/319/EEC JNPA! C JNPAJNPAjNPA 
! 89/428/EEC ! - ,'NMN! - JNMNJ -F 
-
C 
C 
C 
-IRL 
C 
C 
C 
C 
NMN 
NMN I 
-
C 
NPA 
NPA 
NPA 
NMN L ! NL| P ! UK! 
C ! C ! - ! - ! 
C !NPI ! - ! C ! 
C ! NP I ! C ! C ! 
C ! C !NPA! C ! 
C ! C ! - JNPA! 
C !NMN! - ! - ! 
C - Closed 
NMN - No measures notified 
NPA « Not properly applied 
NPI - Not properly implemented 
-82-
PROGRESS IN IMPIiEMENTING DIRECTIVES APFLTCAKT.E TO THE ENVIRONMENT 
For the 90 or so harmonization directives adopted and due for 
iirrplementation by 1990, only 88.6% of the requisite measures have been 
taken. Most Member States are actually close to or above the 90% mark, but 
the number of infringement cases gives cause for concern. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
87 
90 
89 
86 
91 
88 
86 
87 
88 
89 
88 
85 Directives 
for which 
measures 
have been 
notified 
75 
89 
82 
68 
84 
81 
75 
55 
78 
86 
84 
77 % 
86.2 
98.8 
92.1 
79 
92.3 
92 
87.2 
63.2 
88.6 
96.6 
95.4 
90.5 
-83-
G. ENERGY 
Petroleum products 
The Commission addressed reasoned opinions to Belgium, Italy and the 
Netherlands for failure to transpose Directive 85/536/EEC on the use of 
substitute fuels in petrol. 
It commenced Article 169 proceedings against Portugal for failure to 
transpose Directives 170/78/EEC, 885/82/EBC, 339/75/EEC and 405/75/EEC. 
-84-
DHŒCTIVES APPTPTCATÏÏIK TO ENERGY 
At an average 95%, progress has been good here and there are no major 
problems. Only Belgium and Portugal give cause for concern. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ire.1a.nd 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
12 
12 
12 
10 
10 
12 
9 
12 
10 
12 
11 
9 Directives 
for which 
measures 
have been 
notified 
10 
12 
12 
9 
10 
12 
9 
11 
10 
12 
8 
9 % 
83.3 
100 
100 
90 
100 
100 
100 
91.6 
100 
100 
72.7 
100 
-85-
H. EXTERNAL DIMENSION: 
1. External relations 
The Commission was able to terminate two proceedings concerning failure to 
comply with the obligations of prior notification and consultation on draft 
cooperation agreements with non-member countries after the Member States 
concerned (Greece and the Netherlands) had given assurances for the future. 
Another proceeding, concerning discriminatory charges giving preference to 
Austria for the use of terminal facilities on the Ingolstadt-Trieste oil 
pipeline, was terminated after the Italian authorities had introduced a 
uniform schedule of charges for all users. 
2. Development cooperation 
In this field, the Commission's main purpose in. monitoring the application 
of Community law is to ensure compliance by Member States with various 
protocols concluded under the Lomé Convention and with Community 
instruments arising from certain international commodity agreements. 
-86-
I. STATISTICAL. AEMINISTRATIVE AND BODGETARY MATTERS 
1. Statistics 
With respect to statistics, Member States are required to supply figures at 
given intervals on certain subjects and in accordance with strict 
procedures. 
The main purpose of Council Directive 78/546/EEC on statistical returns in 
respect of carriage of goods by road, as part of regional statistics is to 
obtain comparable annual data on the carriage of goods by vehicles 
registered in one of the Member States in the territory of that Member 
State (national transport) and to and from other Member States or 
non-member countries (international transport). This information is 
extremely useful for the formulation of Community transport policy, which 
requires a good knowledge of the scale and development of road haulage 
operations; it is complemented by similar Directives concerning the other 
two modes of inland transport - rail and inland waterways. 
On 18 July 1989 the Council extended the scope of this Directive to provide 
more comprehensive statistics on the carriage of goods by road. The 
amending Directive (89/642/EEC) lays down that certain data be forwarded at 
shorter intervals (every three months) and that additional information be 
provided on traffic to and from non-member countries. 
Infringements 
Following the establishment of an infringement concerning Italy, an action 
was brought before the Court of Justice, which gave judgment on 
11 July 1985.29 In view of the importance of the Directive, the 
Commission decided on 29 June 1989 to bring a second action before the 
Court. 
Luxembourg also infringed the Directive when, as a result of administrative 
difficulties, it abandoned certain procedures, including the survey which, 
since 1987, had been used to obtain the information referred to in the 
Directive. In recent years the Luxembourg government has been under 
pressure from the business world to reduce the overall burden of 
administrative formalities. As a result, an inventory of administrative 
formalities for businesses was drawn up and steps were taken to reduce 
their number, including the road haulage survey. The Luxembourg 
Statistical Office found that a number of businesses were not properly 
equipped to reply to the questionnaires or to derive any benefit from the 
replies. This, together with problems in the allocation of internal 
resources in the Luxembourg Statistical Office, led to the survey not being 
carried out for the years 1987, 1988 and 1989. 
29 Case 101/84 Commission v Italy. 
-87-
It emerged from bilateral contacts in 1990 that the problem still remains. 
Although Luxembourg has asked the Statistical Office of the European 
Communities for technical assistance in formulating a new survey, there is 
no new evidence to suggest that the political difficulty which the 
Luxembourg authorities say was originally behind the interruption in the 
forwarding of data has been overcome. In view of the fact that Luxembourg 
has been in breach of its obligations since the reference year 1987, not 
having provided data for at least four years, an infringement proceeding 
ought to be initiated and might prompt Luxembourg into finding a rapid 
solution to the problem. 
At a meeting with the Luxembourg Statistical Office on 30 June 1989 the 
Community Statistical Office stressed the contradiction between the present 
situation, which had not been formaHy explained before, and Luxembourg's 
vote in June 1989 in favour of Directive 89/462/EEC extending the scope of 
the original Directive. 
2. Community staff 
On the question of the transfer of pension rights, the Commission is 
continuing negotiations with the Dutch authorities, in the context of the 
infringement proceeding initiated in 1989, with a view to the conclusion of 
a final agreement on the detailed procedures for transfer operations. A 
similar stage has been reached with regard to Belgium. 
With respect to the aggregation of family allowances, the Commission is 
continuing its discussions with the German authorities on the 
implementation of the Court of Justice judgment of 7 May 1987, in 
particular with respect to the scope of that judgment. 
In the field of social security, the Commission, after delivering a 
reasoned opinion, has begun discussions with the French authorities which 
should lead to the conclusion of an agreement on the deduction of health 
insurance contributions from the national pension of retired Community 
officials. 
The Commission has decided to deliver a reasoned opinion in the proceeding 
initiated against Denmark on account of difficulties encountered in the 
tax-free importation of motor vehicles by former Commission staff. 
With respect to a similar infringement, the Spanish authorities have 
amended tax arrangements as a result of the proceeding initiated by the 
Commission and the Court of Justice judgment of 23 May 1990 (Case C-31/89). 
The Commission is at present considering the new arrangements. 
The Belgian authorities have informed the Commission that they intend to 
comply with the reasoned opinion cîoncerning their refusal to permit a 
Community official of Belgian nationality posted to Luxembourg to use his 
Luxembourg-registered car without having to pay tax. The infringement 
proceeding has therefore been terminated. 
-88-
On 5 April 1990 the Court of Justice gave judgment in Case C-6/89, finding 
that by reducing the salaries of teachers seconded to the European Schools 
by 50% Belgium had failed to fulfil its obligations under Article 5 of the 
EEC Treaty. The Belgian authorities have informed the Commission that they 
will comply. 
3. Budget 
In two cases concerning VAT own resources, the Court of Justice rejected 
the Commission's arguments. In Case C-30/89 the Court ruled that the Sixth 
VAT Directive does not oblige France to apply VAT to passenger transport by 
sea or air between mainland France and Corsica for the part of the journey 
over international waters and therefore found that no compensation was due 
to the Community in the calculation of own resources. In Case C-251/88 the 
Court ruled that Germany's method of calculation for incorporating exempt 
transactions in the VAT base was not contrary to Community legislation. 
-89-
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO 
DIRECTIVES (STATISTICS) 
DK EL IRL NL UK! 
78/546/EEC NPI 
89/462/EEC 
78/53/EEC NPA 
NPA - Not properly applied 
NPI = Not properly Incorporated 
-90-
FROGRESS IN IMPTJMENTING DIRECTIVES Appr^nr.* TO STATISTICS 
The good rate of progress here (91%) can be attributed to the fact that the 
legislation of all the Member States except Germany, Italy and the 
Netherlands already contained provisions corresponding to those of the 
directives. 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Directives 
applicable 
0 
0 
2 
0 
0 
0 
0 
1 
0 
9 
0 
0 Directives 
for which 
measures 
have been 
notified 
0 
0 
2 
0 
0 
0 
0 
0 
0 
9 
0 
0 % 
-
-
100 
-
-
-
-
-
-
100 
-
-
N' I 
Infringement proceedings initiated since 1982, classified by stage of proceedings and Member State 
OK 
EL 
IRL Letter of formal notice Reasoned opinion Reference to the Court of Justice 
1985 
68 
29 
27 
69 L. 
ML 93 
33 
70 
37 
A8 
UK 
Total 29 
503 1986 
56 
40 
26 
106 
22 
69 
44 
61 
43 
30 
37 
516 1987 
55 
65 
36 
77 
32 
66 
46 
73 
26 
41 
11 
44 
572 1988 
52 
58 
29 
64 
31 
58 
41 
107 
36 
42 
18 
33 
569 1989 
1 
70 
57 L. 
36 
88 
53 
68 
50 
114 
43 
62 
26 
37 
704 1990 
67 
61 
35 
121 
114 
76 
52 
110 
43 
61 
176 
44 
960 1985 
37 
17 1986 
25 
17 
30 
36 
10 
61 
16 
11 
11 
233 1987 
1 
28 
24 
30 
31 
12 
164 17 1988 
1 
23 
24 
28 
29 
24 
27 
10 
11 
197 1 L 
32 
11 
27 
10 
52 
12 
15 
227 1989 
21 
12 
21 
20 
14 
58 
13 
11 
12 
199 1990 
29 
20 1985 
1 
23 
39 
15 
17 
17 
58 
14 
20 
11 
251 1986 
15 
11 
10 
14 
31 
113 11 
18 
71 1987 
11 
21 
61 1988 
10 1989 
1 
19 
14 
10 
14 
73 1990 
13 
10 
39 
108 10 
24 
77 LÛ 
IL 111) 
lift. 
191.' 
|<H< 
| «Ml 
1990 lumber of letters of formal notice, 1985 to 1989, classified by sector 
•ft r>» 
-, In 
o & 
* 
Customs union 
and indirect 
taxation Internal market 
and 
industrial 
affairs Employment and 
social affairs Transport Agriculture Environment and 
consumer 
protection Other sectors Total 
N' J 
Number of reasoned opinions, 1985 to 1989, classified by sector 
19;$ 
1916 
1917 
1911 
1919 
J 1990 
Customs union 
and indirect 
taxation Internal market "Employment 
and and social 
industrial affairs 
affairs Transport Agriculture Environment and 
consumer 
protection Other sectors Total 
1V8 3 
1986 
1987 N' 4 
Number of references to the Court of Justice, 1985 to 1989, classified by sector 
1988 
1989 
1990 
Ciistoms union-
and indirect 
taxation Internal market, 
and industrial 
affairs Employment and 
social affairs Transport Agriculture Environment and 
consumer 
protection Other sectors -,-0|al 
us 
No 5" 
Infringement proceedings initiated since 1981, classified by stage of proceedings and sector 
No 6 
Infringement processings initiated since 1981, classified by sector and legal basi< 
1 
1911 
1912 
191) 
1984 
I9J) 
19(6 
1917 
1988 
1989 
rtfo to treasures notified 
tot properly incorporated 
Not properly applied 
Treaty/Regulations 
to measures notified 
Not properly incorporated 
tot properly aoolied 
Treaty/Regulations 
to measures notified 
tot properly incorporated 
tot properly applied 
Treaty/Requlations 
to measures notified 
tot properly incoroorated 
tot orooerlv aoolied 
'reaty/Rer>jlat ions 
•c measures not i fied 
tot properly incorporated 
tot properly applied 
Treaty/Regjlations 
to measures net i f ied 
tot property incorporated 
tot properly applied 
Treaty/Requlations 
to measures noli tied 
tot properly incorporated 
tot properly aoplied 
I/eaty/Regulal ions 
to measures not i fied 
tot properly incorporated 
toi properly applied 
Treaty/Regulat ions 
No neasures notified 
Not properly incorporated 
Not prqperly applied 
Treaty/Regulations 
No neasures notified 
Not prop_erJy. incorporated 
Not prqperly applied 
Treaty/Regulations i 
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5 
1 
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48 
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87 
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18 
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78 
1 
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68 
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19 
45 
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63 
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58 
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-102-
No 10 
COURT OF JUSTICE JUDGMENTS DELIVERED UP TO 31 DECEMBER 1990 BUT NOT YET COMPLIED WITH 
1. Coses where the Commission hos been informed that meosures ore being token (to end December 1990) 
GERMANY 
4.12.1986 Case C-179/85 Bottling of pétiIlant de raisin 
12.3.1987 Case C-178/84 Ban on the sale of beers not 
made from malted barley 
7.5.1987 Case C-189/85 Overlapping family allowances Legislative amendment in progress 
(A/83/0183) 
The draft order was adopted in July 1990. 
A temporary solution has been found to the 
problem of the authorization of additives 
(by circular) untiI such time as the 
generally applicable German legislation 
(the LMBG) has been brought into line with 
Community rules. 
The only question of substance still to be 
resolved is the requirement that the 
alcoholic strength must be stated on the 
label. The Commission does not accept the 
German argument that this is necessary if 
beer is to be taxed according to its 
alcoholic strength. 
(A/83/0065) 
Some technical problems concerning the 
repayment of arrears have still to be 
resolved with the German authorities. Fresh infringement proceedings 
(A/90/0374). 
Following the meeting held in Berlin 
on 17.1.1991 the Commission is to 
propose that the non-compliance 
proceedings be terminated. The 
necessary legislative measures will 
shortly be brought into force. 
-103-
2.2.1989 Case C-274/87 Problems affecting imports of 
pate The German Government has indicated that it 
will amend its legislation when transposing 
Council Directive 88/658/EEC of 14.12.1988 
amending Directive 77/99/EEC on health 
problems affecting intra-Community trade in 
meat products. In the meantime the Federal 
Ministry of Health has sent a circular to 
the Lander inspection authorities asking 
them to check that products imported from 
other Member States are correctly labelled. 
The wording of this circular is the subject 
of negotiations with the Commission. 
(A/85/500) Fresh infringement proceedings 
(A/90/0373) 
11.5.1989 Case C-76/86 Prohibition on the marketing of 
mi Ik substitutes (A/84/0354) 
The German authorities have adopted 
measures to implement the Court's ruling 
and these are now being examined by the 
Commission. 
28.11.1989 Case C-186/88 Health checks In 
intra-Community trade in 
livestock, meat and meat 
products (A/87/0281) 
An interim solution has been adopted in the 
form of administrative instructions to the 
Lander. Draft amendments have still to be 
adopted. The Commission is awaiting a 
reply on this subject from the German 
authorities. 
-104-
BELGIUM 
19.18.1981 Case C-137/80 
2.12.1986 Case C-239/85 Transfer of pension rights 
Toxic waste (A/78/0007) 
A draft bill on this matter is being 
examined by the Commission. Subsequent 
negotiations should produce an agreement 
with the Belgian authorities. 
The Walloon Region has adopted legislation 
transposing the Directive but has made no 
provision for practical implementing 
arrangements. 
(A/83/169) The Court delivered a second judgment 
on 3.10.1989, in Case 383/85. 
(A/84/0303) 
Pending adoption of the bill. 
Fresh infringement proceedings 
(A/90/0212) 
On 5.12.1990 the Commission decided to 
send a reasoned opinion. 
17.6.1987 Case C-1/86 
21.6.1988 Case C-283/86 
16.11.1989 Case C-360/88 Protection of ground water 
against pollution 
Auxiliary staff in the 
transport sector 
Misleading advertisements The Brussels Region has complied with the 
Court's ruling (Royal Decree of 19.6.1989). 
The Walloon Region has not complied, 
however, nor has the Flemish Region in some 
respects. 
(A/85/0123) 
The Belgian Government has informed the 
Commission of new measures which may ensure 
compliance with the Court's judgement. 
(A/86/0488) 
Belgium has notified measures to the 
Commission. Fresh infringement proceedings 
(A/88/0291) 
On 11.7.1990 the Commission decided to 
refer the matter to the Court. 
Fresh infringement proceedings 
(A/89/0355) 
Fresh infringement proceedings will be 
proposed on the grounds of improper 
transposition. 
-105-
5.4.1990 Case C-6/89 50% reduction in the salaries 
paid by the Belgian Government 
to Belgian teachers seconded to 
the European Schools. (A/88/0065) 
On 23.7.1990 the Belgian authorities 
informed the Commission that they were 
ready to comply with the Court's judgment. 
The reductions continue to be applied, 
however. The arrangements for 
reimbursement of the sums advanced by the 
Commission have still not been notified to 
the latter. A reminder has been sent to the 
Belgian authorities by the Commission, 
13.6.1990 Case C-162/89 Report on the implementation of 
the Directive on the disposal 
of toxic and dangerous waste (A/87/0108 to A/87/0111) 
The Member State has promised to forward 
reports as soon as possible. A letter warning of action under 
Article 171 has been sent. 
FRANCE 
30.6.1988 Case C-318/86 Equal treatment; access to 
employment The national provisions authorizing 
separate procedures for the recruitment of 
men and women to various categories of the 
civil service have not been amended, but 
there is no evidence that national bodies 
have continued to invoke such authorization 
on a regular basis for the purposes of 
recruitment procedures initiated since the 
Court's ruling. Fresh infringement proceedings. 
On 20.12.1989 the Commission decided 
to send a reasoned opinion (A/89/0350) 
but took no further action on 
receiving an assurance from the French 
authorities that a biI I was shortly to 
be adopted. 
-106-
12.7.1990 Cose C-236/88 Refusal to forward social 
security benefit to other 
Member States (A/79/131) 
No legislation implementing the judgment 
has yet been received. In response to a 
letter from the Commission, however, France 
promised a memorandum outlining its 
position and, in particular, explaining the 
practical difficulties of implementing the 
Court's ruling. Probably the matter will 
therefore be referred to the Administrative 
Commission on Social Security for Migrant 
Workers, which will have to resolve the 
technical difficulties. 
GREECE 
12.3.1987 Case C-176/84 Provisions stipulating that 
only malt-based beers may be 
sold Formal adoption of the new legislation is 
awaited (A/82/0004). 
The Ministerial Order (the content of which 
was notified to the Commission on 
29.10.1990 and has been approved by the 
latter) will shortly be published in the 
Official Gazette of the Greek Government. 
Publication has been delayed by certain 
final consultations with the Government's 
chemical laboratories. 
-107-
I RE LAND 
4.12.1986 Cose C-206/84 Community co-insurance (A/83/0127) 
By letter of 29.12.1988 the Irish Minister 
for Industry and Commerce informed the 
Commission that he had asked the 
Attorney-General to draw up the necessary 
legislative amendments for compliance with 
the judgment. Pending the incorporation of 
these amendments into the legislation 
implementing Directive 88/357 (the Second 
Directive on non-life insurance), insurers 
have been informed by circular that 
co-insurers are no longer required to be 
approved and established in Ireland. The 
transposition of Directive 88/357 was 
scheduled for 1.1.1990 but is still 
awaited. 
ITALY 
10.11.1981 Case C-28/81 
10.11.1981 Case C-29/81 Admission to the occupation of (A/79/0085) 
road haulage operator 
Admission to the occupation of (A/79/0113) 
road passenger transport 
operator The Court delivered a second judgment 
on 5.11.1986 in Case C-160/85 
(A/83/175). 
In 1988 and 1989 Italy gave notice of 
measures transposing the Directive. 
The Court delivered a second judgment 
on 5.11.1986 in Case C-160/85 
(A/83/176). 
The provisions of the Directive are 
incorporated in Community Law No 428 
of 29.12.1990. 
-108-
8.6.1982 Case C-91/81 Co 11ect i ve redundanc i es (A/78/0045) 
At the end of 1990 the Italian Parliament 
passed a bill transposing, inter olia. the 
provisions of the Directive in question. 
The Commission plans to terminate the 
infringement proceedings in the near 
future. The Court delivered a second judgment 
on 16.11.1985 in Case C-131/84 
(A/83/0102). 
2.3.1988 Case C-309/86 
9.6.1988 Case C-56/87 Non-ionic and anionic 
surfactants 
Prices of pharmaceutical 
products (A/84/378) 
(A/84/379) 
On 21.7.1989 the Italian authorities 
informed the Commission that Financial Law 
No 67 of 11.3.1988 required the competent 
ministries to propose to the 
Interministerial Price Committee a new 
method for fixing the prices of 
pharmaceutical products and that under the 
new procedure the provisions condemned by 
the Court of Justice would be rescinded 
(A/85/28). Fresh infringement proceedings 
(A/89/0202 and A/89/0203). 
The provisions of the Directives 
concerned are incorporated in 
Community Law No 428 of 29.12.1990. 
Fresh infringement proceedings. On 
12.12.1988 the Commission sent a 
letter warning of action under 
Article 171. 
The Italian Government implemented the 
Court's ruling by CIP Order No 29/1990 
of 2.10.1990. This text is now under 
scrutiny by the Commission. 
12.7.1988 Case C-310/86 Auxiliary staff in the transport (A/85/0126) 
sector Fresh infringement proceedings 
(A/89/0362). 
The provisions of the Directive 
concerned are incorporated in 
Community Law No 428 of 29.12.1990. 
-109-
28.6.1988 Case C-3/86 Flat-rate reimbursement of 
farmers: beef and pigmeat The 1989 Tax Act incorporated measures 
amending the tax arrangements which the 
Court of Justice found to be unlawful. 
Technically, the amendments give rise to 
difficulties in calculating the costs 
actually incurred by farmers subject to VAT 
on a flat-rate basis (A/81/0262) Fresh infringement proceedings 
(A/89/0663) 
On 5.12.1990 the Commission decided to 
send a reasoned opinion. 
12.7.1988 Case C-322/86 Quality of fresh waters capable 
of supporting fish life On 22.12.1988 the Italian authorities 
announced that a draft bill for a 
decree-1 aw was being drawn up. (A/85/0071) Fresh infringement proceedings 
(A/90/0203). 
The Commission hos received no 
information on any implementing 
measures planned by the Italian 
Government. 
2.2.1989 Case C-22/87 Protection of employees in the 
event of their employer's 
insolvency By letter of 11 September 1989 the Italian 
Republic forwarded the text of a draft bill 
to implement Directive 80/987/EEC. 
According to the Italian authorities 
(13.11.1989) the bill has not yet been 
adopted by Parliament. (A/85/0118) Fresh infringement proceedings 
(A/90/203). 
Article 48 of Community Law No 428 of 
29.12.1990 contains a provision 
authorizing the Government to 
transpose Directive 80/987/EEC by 
means of Presidential Decrees. 
Transposition imminent. 
27.4.1989 Case C-324/87 Fresh meat (A/85/0349) Fresh infringement proceedings 
(A/90/958). 
The provisions of the Directive 
concerned are incorporated in 
Community Law No 428 of 29.12.1990. 
-110-
NETHERLANDS 
26.3.1987 Cose C-235/85 Tax status of notaries and 
bailiffs (A/83/0153) 
In their reply to the reasoned opinion the 
Netherlands authorities state that under 
the 1991 Finance Law submitted to 
Parliament the official functions of 
notaries and bailiffs will be subject to 
VAT as from 1.1.1991. Fresh infringement proceedings 
(A/88/0337). 
On 5.12.1990 the Commission decided to 
defer the infringement proceedings 
with a view to their termination. 
31.5.1989 Case C-43/88 Requirement that exporters of 
agricultural products be 
affiliated to an inspection 
agency (A/86/0137) 
Scrutiny of the rules forwarded by the 
Netherlands authorities on 7.6.1990 
indicates that in two cases affiliation is 
still compulsory at the production stage. 
The Commission has contacted the 
Netherlands authorities on this matter. No fresh infringement proceedings. 
17.9.1987 Case C-291/84 
13.10.1987 Case C-236/85 Protection of groundwater 
Wild birds (A/83/0071) 
On 6.9.1988 the Netherlands authorities 
announced that a bill on flora and fauna 
(Flora- en Faunawet) was in preparation. 
(A/84/0125) Fresh infringement proceedings 
(A/88/0532). 
The Commission is studying the reply 
which It received to its reasoned 
opinion on 11.7.1990. 
Fresh infringement proceedings 
(A/89/0060). 
On 11.7.1990 the Commission decided to 
refer the matter to the Court. 
-111-
UNITED KINGDOM 
8.11.1983 Case C-165/82 Equal treatment of men and 
women as regards access to 
employment The UK authorities have adopted certain 
measures, notifying them on 15.12.1986. 
These measures are acceptable on the whole, but 
the Sex Discrimination Act 1986 does not provide 
for any judicial review of discriminatory 
provisions in collective agreements. Fresh infringement proceedings 
(A/85/0260). 
On 24.10.1990 the Commission 
decided to send a reasoned 
opinion. 
-112-
2. Other coses (to end Jonuary 1991) 
GERMANY 
14.2.1984 Case C-352/82 Exemptions from turnover tax 
and excise duties on imports 
(butter-buying cruises) 
17.9.1987 Case C-412/85 Wild birds (A/84/0119) Fresh infringement proceedings 
(A/85/0320). 
The Court's ruling has still not been 
implemented. 
Fresh Infringement proceedings 
(A/89/0048). On 5.12.1990 the 
Commission decided to refer the matter 
to the Court. 
3.7.1990 Case C-288/88 Wild birds (A/86/0222) Article 171 proceedings are being 
initiated for non-compliance with the 
judgment of 3.7.1990. A letter giving 
notice of these proceedings will be 
sent. 
10.7.1990 Case C-217/88 Non-compliance with the 
obligation to deliver wine for 
compulsory distillation (A/87/0102) The judgment is essentially 
declaratory, since it cannot b® 
implemented retrospectively. The 
Commission has approached Germany for 
an assurance that, In a comparable 
situation, the Community rules will be 
respected. The deadline for a reply 
has not yet passed. 
BELGIUM 
8.7.1987 Case C-247/85 Wild birds (A/84/0118) Fresh infringement proceedings 
(A/90/0291). 
On 5.12.1990 the Commission decided to 
send a reasoned opinion. 
24.5.1988 Cose C-307/86 
27.9.1988 Case C-42/87 
11.5.1989 Case C-46/88 
15.5.1989 Case C-52/88 
5.7.1990 Case C-304/88 Technical requirements for 
inland waterway vessels 
Discrimination in the 
government funding of higher 
education establishments not of 
university level 
Divisions and mergers of public 
limited liability companies 
Restrictions on the use of 
edible gelatine 
Authorization required for the 
importation of fresh meat and 
Iive animals -113-
(A/85/0202) 
(A/85/0435) 
(A/86/0129) 
(A/85/0447) 
(A/85/0484) Fresh infringement proceedings 
(A/89/0356). 
Case pending before the Court 
(C-19/91). 
Fresh infringement proceedings 
(A/90/0173). 
Since the Belgian authorities had 
not replied to the letter of formal 
notice, the Commission decided to send 
a reasoned opinion on 26.6.1990. 
Fresh infringement proceedings 
(A/90/0399). 
On 5.12.1990 the Commission decided to 
send a reasoned opinion. 
Fresh infringement proceedings 
(A/90/0193). 
On 5.12.1990 the Commission decided to 
send a reasoned opinion. 
No implementing measures have been 
adopted. On 7.8.1990 the Commission 
approached the Belgian authorities to 
ascertain what measures were being 
taken to comply with the Court's 
ruling. A reminder was sent on 
7.10.1990. 
5.7.1990 Case C-42/89 Water for human consumption; 
incomplete transposition 
(exclusion of private water 
sources from the scope of the 
Directive) (A/86/0221) A letter giving notice of action under 
Article 171 has been sent to the 
Belgian authorities. 
DENMARK 
6.12.1990 Case C-208/88 Tax exemptions on alcoholic 
beverages (beers) sold to 
international travellers (A/87/0328) Recent judgment. 
11.12.1990 Case C-47/88 
FRANCE 
3.6.1986 Case C-307/84 Taxation of motor vehicles 
Discrimination against foreign 
nurses regarding access to 
public hospitals 
27.4.1988 Case C-252/85 
13.7.1988 Case C-169/87 
25.10.1988 Case C-312/86 Wild birds 
Retail prices of manufactured 
tobacco 
Equal treatment: access to 
employment -114-
(A/85/0503) 
The French nationality requirement for 
nurses appointed in public hospitals, 
imposed at the time by Article 809 of the 
Public Health Code (repealed in 
January 1986) was re-enacted in the Law of 
July 1983 (new rules governing public 
service staff, applicable to hospital 
staff) which has not been amended since 
then. The Commission has written to the 
French authorities, asking them to act on 
the judgment. No reply has been received 
(A/82/0324). 
(A/84/0121) 
(A/85/0271) 
The Commission received unofficial 
information to the effect that the French 
authorities were preparing proposals for 
legislation to amend the offending 
provision. In the absence of formal 
notification it sent a telex on 
11 July 1989. No reply has yet been 
received. Recent judgment. 
Fresh infringement proceedings 
(A/87/0159). 
The letter giving formal notice was 
transmitted on 25 July 1990 
(Article 48). 
The letter giving formal notice was 
transmitted on 11.7.1990 
(Article 171). 
France has not yet taken the measures 
needed to comply with the judgment. 
Fresh infringement proceedings 
(A/90/0445). 
The letter giving formal notice was 
transmitted on 11 October 1990. 
29.11.1990 Cose C-182/89 
12.12.1390 Case C-263/88 Regulation on international 
trade in endangered species of 
fauna and flora 
Denial of the right of 
establishment and the right to 
provide services in the 
Overseas Territories -115-
(A/86/0225) 
(A/85/0499) Recent judgment, 
Recent judgment. 
GREECE 
15.3.1938 Case C-147/86 
and 
14.7.1988 Case C-38/87 
30.5.1989 Case C-305/87 
12.7.1990 Case C-35/88 Teaching ban 
Nationality requirement 
for access to the professions of 
- lawyer; 
- architect, civil engineer or 
surveyor 
Legislation on border regions 
Imports of feed grain, maize 
and barley; management of the 
markets by KYDEP (A/84/0388) 
(A/85/0265) 
(A/85/0264) 
(A/85/0265) 
(A/84/0182) 
(A/85/0480) Fresh infringement proceedings 
(A/89/0165) 
Fresh infringement proceedings 
(A/89/0165). 
This matter was referred to the 
Court on 24.10.1990 
(Case C-90/328). 
Fresh infringement proceedings 
(A/90/164). 
On 20.6.1990 the Commission decided to 
send a reasoned opinion (Article 171). 
This matter is related to the wider 
problem of the market-management 
activities of the Greek intervention 
agency and is still far from being 
resolved. The Greek authorities 
maintain that national subsidies for 
feed grain are already prohibited and 
that they are prepared to tackle the 
wider problem of KYDEP's activities in 
the near future. 
8.11.1990 Cose C-53/88 
13.12.1990 Case C-347/88 Protection of workers in the 
event of the employer's 
Insolvency 
Monopoly of petroleum products -116-
(A/86/0116) 
(A/86/0138) Recent judgment, 
Recent judgment, 
IRELAND 
12.6.1990 Case C-158/88 
27.11.1990 Case C-39/88 
6.12.1990 Case C-367/88 Restrictions on travellers' (A/87/0247) 
a Ilowances 
Failure to provide data (A/86/0362) 
required under the common 
organization of the market in 
fishery products 
Tax exemptions for alcoholic (A/86/0096) 
beverages sold to travellers On 12.9.1990 a letter was sent to the 
Irish authorities requesting them to 
notify the measures taken for 
compliance with the Court's ruling. 
Recent judgment. 
Recent judgment. 
ITALY 
15.11.1983 Case C-322/82 
11.10.1983 Case C-273/82 
11.7.1985 Case C-101/84 Quality standards for fruit and 
vegetables 
Qua I ificat ions of 
transport operators 
National road haulage 
statistics (A/81/0177) 
(A/80/0041) 
(A/82/0074) The Court delivered a second ruling on 
12.2.1987, in Case C-69/86. This 
judgment was based on Article 171 of 
the EEC Treaty. 
No developments are expected. The 
Member State is not prepared to comply 
with the Court's ruling. 
Fresh infringement proceedings 
(Case C-71/88 - A/85/0017). No 
information has been received on 
implementing measures. 
This matter has again been referred 
to the Court (Case C-266/89 -
A/88/216). 
20.3.1986 Case C-17/85 
30.4.1986 Case C-158/85 
15.10.1986 Case C-168/85 
29.1.1987 Case C-364/85 Annual accounts of companies -117-
(A/82/0306) 
Procedures for the exportation 
of Community goods 
Nationality requirement 
(tourist guides, journalists, 
licensed pharmacists) (A/83/0162) 
(A/83/0168) 
(A/84/0036) 
Tuberculosis and brucellosis; 
swine fever (A/83/0256) 
(A/83/0258) Fresh infringement proceedings 
(A/88/0433). 
On 11.7.1990 the Commission decided to 
refer the matter to the Court but 
refrained from such action since the 
Directive was incorporated into 
Community Law No 428 of 29.12.1990. 
The Commission decided to refer this 
matter again to the Court (A/87/0503 -
A/87/0502). Case pending (C-208/89). 
Fresh infringement proceedings 
(A/88/0373). 
Case pending (C-297/90). The rules in 
question have since been amended by 
Community Law No 428 of 29.12.1990, 
which is now being scrutinized by the 
Commission. 
Fresh infringement proceedings 
(A/88/453 - A/88/454). On 11.7.1990 
the Commission decided to refer this 
matter to the Court. Italy had 
promised to include this matter within 
the scope of the "Pergola" Law but it 
is not mentioned in Community Law 
No 428 of 29.12.1990. 
10.3.1987 Case C-386/85 Swine fever (A/83/0259) Fresh infringement proceedings 
(A/88/0456). 
On 11.7.1990 the Commission decided to 
refer this matter to the Court. Italy 
had promised to include this matter 
within the scope of the "Pergola" Law 
but it is not mentioned in Community 
Law No 428 of 29.12.1990. 
7.7.1987 Case C-49/86 
8.7.1987 Case C-262/85 Doctors of medicine: mutual 
recognition of qualifications 
Wild birds -118-
(A/84/0006) 
(A/84/0124) This matter has again been referred to 
the Court (Case C-236/89 - A/88/0112). 
Fresh infringement proceedings 
(A/89/0049). 
A reasoned opinion was sent to Italy 
on 28.8.1990. 
24.11.1987 Case C-124/86 
25.11.1987 Case C-125/86 Tax exemptions applicable to (A/84/0421) 
permanent imports of personal 
property 
Exemptions from VAT on final (A/84/0422) 
importation of certain goods Fresh infringement proceedings 
(A/88/0446). 
Proceedings now in progress. 
Fresh infringement proceedings 
(A/88/0445). 
Proceedings now in progress. 
3.3.1988 Case C-116/86 Brucellosis (A/84/0316) 
21.2.1989 Case C-203/87 
5.12.1989 Case C-3/88 Maintenance of VAT exemption on (A/86/0068) 
aid to earthquake victims 
Data-processing systems 
accessible only to Italian 
companies in public ownership (A/85/0446) Fresh infringement proceedings 
(A/88/0463). 
On 11.7.1990 the Commission decided to 
refer the matter to the Court. Italy 
had promised to include this matter 
within the scope of the "Pergola" Law 
but it is not mentioned in Community 
Law No 428 of 29.12.1990. 
Fresh infringement proceedings 
(A/89/0540). 
On 5.12.1990 the Commission decided to 
refer the matter to the Court. 
Fresh infringements proceedings 
(A/91/0002). 
On 24.10.1990 the Commission decided 
to send a letter of formal notice. 
14.3.1990 Case C-137/89 
14.6.1990 Case C-48/89 
12.7.1990 Case C-128/89 
11.10.1990 Case C-210/89 
27.11.1990 Case C-209/88 
13.12.1990 Case C-70/89 
13.12.1990 Case C-240/89 Telegrams sent by the 
veterinary authorities and 
charged to importers of live 
animals 
Failure to forward reports on 
the implementation of the 
Directive on waste disposal 
Inspection of imports and 
reduction in the number of 
entry points for grapefruit 
Fat content of cheeses 
Failure to provide the 
Information required under the 
market organization for fishery 
products 
Cadmium discharges 
Protection of workers exposed 
to asbestos -119-
(A/87/0158) 
(A/87/0284 to A 87/0286) 
(A/87/0323) 
(A/88/0018) 
(A/87/0188) 
(A/87/0369) 
(A/87/0459) A letter giving notice of action under 
Article 171 was sent to the Italian 
authorities on 7.6.1990, requesting 
information on the measures taken to 
comply with the Court's ruling. 
A letter giving notice of action under 
Article 171 has, been sent to the 
ItalIan authorities. 
A letter giving notice of action under 
Article 171 was sent to the Italian 
authorities. No reply has been 
received. Formal initiation of the 
Article 171 procedure will shortly be 
proposed. 
Recent judgment. 
Recent judgment. 
Recent judgment. 
Recent judgment. 
NETHERLANDS 
15.3.1990 Case C-339/87 Wild birds (A/85/0400) A letter giving notice of action under 
Article 171 was sent on 13.1.1991. 
This case is closely related to 
Case C-236/85, which the Commission 
decided to refer to the Court on 
11.7.1990. 
-120-
No 11 
Application of Community law 
by national courts 
I. APPIJQ^riON OF ARTICLE 177 EEC 
1. In 1990 the Court of Justice received 141 requests from national courts 
for preliminary rulings in cases where difficulties arose in the 
interpretation of Community law or there were doubts as to the validity 
of a Community instrument. 
Over the last few years the number of cases referred to the Court for 
preliminary rulings has remained relatively stable - 139 in 1989 and 
144 in 1987 - although the figure for 1988 was slightly higher (179). 
2. For the second consecutive year, cases were referred by courts in all 
the Member States. Admittedly there are disparities between the 
various countries, most notably between Germany which asked for rulings 
on thirty four cases and Greece which referred only two; however, the 
figures show quite clearly that there is no longer a single Member 
State that is against the procedure on principle. 
3. The three tables below show the number of references from each Member 
State, the number of cases referred by each court of final instance and 
the areas of Community law concerned. It should be pointed out that as 
and when these cases are recorded by the Court of Justice Registry, 
they are published in full in the Official Journal of the European 
Communities. 
-121-
TTnmhftr of oases per Kfgriher State 
Member State 
Belgium 
Denmark 
France 
Germany 
Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
United Kingdom Total references 
17 (13)* 
5 (2) 
21 (28) 
34 (47) 
2 (2) 
4 (1) 
25 (10) 
4 (1) 
9 (18) 
2 (1) 
6 (2) 
12 (16) References by 
courts of final 
instance 
4 (-) 
- (1) 
2 (1) 
12 (22) 
2 (-) 
2 (1) 
1 (1) 
2 (1) 
3 (15) 
- (-) 
- (-) 
2 (2) 
1989 figures in brackets 
Optçflu of ray*; TAfgrrari Tiy Twhlfflryfl, nntqrtff Of fiml il^ffilYTt 
Belgium 
France 
Germany 
Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 
United Kingdom Cour de Cassation 4 
Hof van Cassatie 
Cour de Cassation 1 
Conseil d'Etat 1 
Bundesverwaltungsgericht 1 
Bundesfinanzhof 9 
Bundessozialgericht 2 
Council of State 2 
Supreme Court 2 
Corte Suprema di Cassazione 1 
Conseil d'Etat 2 
Hoge Raad 3 
Court of Appeal* 2 
The Court of Appeal is in effect the highest court, since appeals from 
it may be heard only if it or the House of Lords gives leave to bring 
them. 
-122-
Areas of Oommunity law rarrarned 
Agriculture 37 
Brussels Convention 3 
Commercial policy 9 
Community staff 1 
Company law 2 
Competition 8 
Environment and consumer policy 1 
External relations 2 
Free movement of goods 26 
Free movement of persons 25 
Social policy 13 
State aid 1 
Taxation 12 
Transport 1 
-123-
H. REVTEff OF SKWTJTCANT JUDGMENTS OF NATIONAL OODRTS OF FINAL INSTAW3S 
1. In an appendix to the sixth annual report, the Commission published a 
study on the attitude of national superior courts to Community law, in 
particular their approach to the principle of the primacy of Community 
law over national law, the direct effect of many Community rules and 
the obligations arising from Article 177 of the EEC Treaty. 
Analysis of the judgments referred to below shows that national 
superior courts are paying more and more attention to Community law. 
As in the previous year, the Commission has had access to data gathered 
by the research and documentation department of the Court of Justice. 
It was thus able to identify decisions which were of significance for 
the application of Community law, although it should be pointed out 
that it is not possible, by consulting data bases, to identify cases 
where national courts ought to have applied Community rules but where 
the judgment contains no reference to them. Moreover, the Commission 
cannot undertake a systematic analysis of the thousands of judgments 
delivered each year by the national superior courts. 
Conseil d'Etat (France) 
Decision of 24 September 1990 - Boisdet 
In Annex No 11 to the 7th annual report, the Commission referred to the 
decision in Nicolo where the Conseil d'Etat acknowledged the primacy of 
the Treaty over subsequent national law. 
-124-
The Commission expressed the hope that the Conseil d'Etat would take 
the same view in respect of secondary legislation and acknowledge the 
primacy of Community directives and regulations over subsequent 
national legislation. 
The Conseil d'Etat fulfilled these hopes in its Boisdet decision. It 
ruled that a judgment extending the scope of rules established by a 
group of producers to all the producers in a given region could not be 
based on Article 7 of the Law of 4 July 1980 authorizing the extension 
for certain products of rules laid down by agricultural committees, as 
this law was incompatible with Council Regulation (EEC) No 1035/72 of 
18 May 1972 on the common organization of the market in fruit and 
vegetables. 
House of Lords (United Kingdom) 
Order of 26 July 1990 and judgment of 11 October 1990 -
fVyrtiOTtftino Lilt tgj 
These decisions follow on from the judgment of 18 May 1989 which was 
analysed 1JI the seventh report. In response to a request for a 
preliminary ruling, the Court of Justice delivered a judgment on 
19 June 1990 in which it found that a national court must set aside a 
national rule precluding the possibility for a party invoking Community 
law to obtain an lnterijn injunction against the Crown when all other 
conditions for the granting of such measures were satisfied. 
By an order of 26 July 1990 the House of Lords decided to suspend 
application of that part of the Merchant Shipping Act 1988 which was in 
dispute, without giving any grounds; the order was later amplified by 
a judgment on 11 October 1990. 
-125-
College van Beroep voor net bedrijfsleven (Netherlands) 
Order Of 7 June 1990 - J.P.M. Van <fo ATrtrgr» y MlTvl.crter y«n toprTJyflw 
The interim order delivered by the President of the highest Dutch court 
with commercial jurisdiction represents an interesting decision which 
is entirely in keeping with the case-law of the Court of Justice. 
By this order a request for interim measures to suspend application of 
a Community agricultural regulation for the duration of the main 
proceeding was rejected. 
The President referred to the judgment in Foto-Frost (Case 314/85 
[1987] ECR 4225) in which the Court of Justice had reserved for itself 
exclusive jurisdiction to declare a CommunitY legal instrument invalid 
while accepting that this rule may have to be quai if ied in the event of 
an application for interim measures and in certain unspecified 
circumstances. 
The President delivered the provisional opinion that any such 
qualification can be justified only where it is clear beyond all 
reasonable doubt that the Community act is invalid and held that this 
condition was not satisfied in the case in question. 
Bundesverfassungsgericht (Germany) 
Order of 31 May 1990 
By this order the German Federal Constitutional Court reiterated one of 
the main arguments in its judgment of 22 October 1986 in Solange II. 
i.e. that the Court of Justice of the European Cammunities is a lawful 
judge within the meaning of Article 101(1) of the German Basic law. 
This statement opened the way to a constitutional remedy against the 
-126-
violation by courts of final instance of their obligation to refer 
cases to the Court of Justice for preliminary rulings under 
Article 177, third paragraph, of the EEC Treaty. 
Under well-establ.1 shed case-law of the Federal Constitutional Court, 
withdrawing the jurisdiction of a lawful judge within the meaning of 
Article 101 constitutes a violation of the Basic Law only when it is 
done in an arbitrary manner, otherwise the Constitutional Court would 
be called on to correct all procedural errors committed by courts 
below. 
The Constitutional Court had already provided some indication of how 
this rule should be applied to Article 177 EEC in a judgment given on 
9 November 1987; however, since the judgment was given in a 
preliminary proceeding before a three-judge chamber, it remained 
ambiguous and disputed. There was still a need to define the concept 
of "arbitrary manner" in relation to the violation of Article 177 EEC. 
In its new judgment the Constitutional Court, in the form of its second 
chamber of eight judges, confirmed its earlier decision with more 
detailed grounds and now seems to have finally resolved the problem. 
The Court referred in great detail to the Court of Justice judgment of 
6 October 1982 in CILFTT and the importance of the strict application 
of Article 177, under which the Court of Justice becomes part of the 
legal system of the Member States insofar as it is given the role of 
interpreting Community law in order to ensure legal certainty and 
uniform application. 
fjy#-»n»Yn rrno -rnc* a*-*-
-127-
The Court pointed out that its role of monitoring the obligation to 
refer cases for a preliminary ruling under Article 177 EEC did not 
cover all cases which constitute a violation of Community law but only 
those where a court of final instance does not act on a request for a 
reference even though it admits that the Community rule invoked does 
apply or where the court consoiously departs from the case-law of the 
Court of Justice without asking the latter for a preliminary ruling or 
again where, in the absence of sufficient case-law of the Court of 
Justice on a material point of law, the court adopts one possible 
solution where a different approach would clearly have been preferable. 
Although these three categories may appear to be limited, they do in 
fact cover the most flagrant breaches of Article 177 of the EEC Treaty. 
Ctonstitutianal Court (Italy) 
Judgment No 64 of 18 January 1990 
Judgment No 64 of the Italian Constitutional Court of 18 January 1990 
relates to a procedure which is peculiar to the Italian constitutional 
system: Article 75 of the Constitution provides for a referendum to be 
held on the repeal of a legal provision ("referendum abrogative") if a 
proposal for such a referendum submitted to the Court of Appeal by a 
"promotional committee" has the support of at least 500 000 electors. 
However, Article 75 also imposes restrictions on the procedure in view 
of the essential requirements of certainty in the law, as regards both 
national and international law: a proposal for a referendum cannot be 
declared admissible when it concerns tax or budget laws, amnesties or 
pardons, or laws authorizing the ratification of international 
treaties. The Constitutional Court has jurisdiction to decide whether 
a proposal is admissible. 
•128-
A committee of Italian electors collected 500 000 signatures and 
requested a referendum on the repeal of a provision of Law No 283 of 
30 April 1962, which confers on the Minister for Public Health the 
power to lay down by order the maximum content of pesticide residues 
allowed in products and drinks intended for human consumption. If the 
Minister did not exercise what is, in fact, this power to grant 
exemptions, the effect of the law, which is already in force, would be 
to prohibit all pesticide residues, making it impossible to market 
foodstuffs containing any such residues whatsoever in Italy. 
There are three Community Directives on maximum limits for pesticide 
residues, which forbid the Member States to impede in any way the free 
circulation of foodstuffs in their territory solely because of the 
presence of pesticide residues, provided the residues do not exceed the 
maximum permissible level set for each product in the technical annexes 
to the Directives. 
In its judgment the Constitutional Court held that the proposed 
referendum would not have deprived the Italian State of a legal 
provision essential to enable it to fulfil its obligation to 
incorporate the Community Directives into national law, in particular 
the obligation to refrain from prohibiting or impeding the marketing in 
Italy of foodstuffs of animal origin, cereals and fruit and vegetables 
which conform to Community requirements for pesticide residues. 
-129-
It arrived at this conclusion by the following argument: even if the 
electors decided by referendum to repeal the legal provision allowing 
the Italian Government to fulfil its obligations under Article 3 of the 
three Directives concerned, the formulation of Article 3 is 
sufficiently clear and unconditional for it to be invoked against any 
national provision which is contrary to it and hence to preclude its 
implementation. The Constitutional Court also held that on the basis 
of consistent Court of Justice case-law on the direct effect of 
directives, Article 3 of each of the three Directives on pesticide 
residues would take precedence over the first part of Article 5(b) of 
Law No 283/1982, which totally prohibits the release for consumption of 
the same products and would presumably survive the repeal of the second 
part (the power conferred on the Minister for Public Health to grant 
exemptions by order). 
The proposal for a referendum was finally declared admissible, but the 
referendum itself, which took place in May 1990, had no effect, since 
the turnout was below the level required under Article 75 of the 
Constitution (more than half of the electors). 
The introduction to the judgment affirms a very important principle 
(albeit a contrario J on the primacy of Community law and the right 
under the Italian Constitution to request a referendum to repeal a 
legal provision: a law, or specific provisions of a law, which 
constitute an indispensable legal instrument for incorporating a 
Community directive into Italian law must be regarded as being among 
the laws which Article 75 of the Italian Constitution excludes from the 
referendum machinery. 
No 12 STATISTICS ON COMPLAINTS (C) AND INFRINGEMENTS DETECTED BY THE COMMISSION'S OWN INQUIRIES (I) 
Secretariat-
General 
Legal Service 
Statistical 
Office 
External 
relations 
Economic and 
financial 
affairs B D DK E F GO GR IRL IT L M. P Total 
C I c I C ICIC ic ICICICICI CICI C I 
1982 - - 1 - - - --1 2 
1988 1 -- 1 - - 1 1 
<5$# i - - - - --.-.* - ~ ---.-_-.--- .-.-. 2. 
1983 ----1- 1 
1984 T-1--2----1--- 3 2 
1985 - - 1 1 - - -----j 1 2 
1986 - - - 2 - 1- - - 1 4 
1987 - - 1 1- 1--- 1 - - - 1 - - 1 4 
1988 -1- 1 - - - 1- 2- 1- 1-1- 2-1 -1-1 - 13 
1989 - 1 - 1 
1984 -2---- - 2 
1985 - ---1 1 - - - - - 2 
1987 3 1 - 4 
1982 - 4 2 - - 2 - - 2 1 - - - 1 4 8 
1983 1 1612-2-121---- 413 
1984 -2---5--12---- 1 9 
1985 - 2 - 1 - - -I-----I--I-3-2-- 110 
1986 11- - - -1 -1 -- -2 1--6 - - - - 1 - - n 3 
1987 1 1 - - -1 1 - - 4 --- _2-- 7 3 
1988 -1-2---11---1---11-1--W-3 6 
1989 ------- 1 1 2 3 1 
^k ----*--...- ---2,---. -_-..-..-» 
1982 3 ------- . . 3 
1983 1 - - 2 2 1 
1984 ..--21-1 2 2 
1985 !---!_.--, 3 
1986 -1----1 1---1--1-.-.3 2 
1987 1 -- -1 ___i _ 3 
1988 ----1-2 3 12 7 2 
1989 -1--1 2 1-1- 1-1 ---.3 5 
t31o - - - - - - 1 ' - * -.--4. _.,--_-- -_-.- 3 
Internal market 
and industrial 
affairs 1982 12 
1983 13 
15 13 
Competition 1987 5 
1988 13 
1989 21 
A$$o.A% 
1982 5 
1983 2 
1984 1 
1985 2 
1986 
1987 10 
5 
2 1 
Agriculture A$30 
j 1982 Employment and 10g3 
social affairs 1984 
1985 
1986 
1987 
1988 
1989 
•<53# 
1982 
1983 
1984 
1985 
1986 
1987 
1988 
1989 
4M* 
1982 
1983 
1984 
1985 
1986 
1987 
1988 
1989 
4*o J. 
1 
5 
6 
5 
8 
2 
8 
6 
I 
3 
2 
8 
4 
7 
Transport 3 
1 
3 
5 
8 
2 
8 
10 
3 
2 
3 
3 
8 
3 
1 
1 
2 3 
4 
3 
4 
10 
7 
7 
11 
5 
20 
19 
16 
26 
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13 5 
11 7 
30 6 
31 4 
75 10 
52 7 
52 10 
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3 1 
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1 1 
1 -
6 1 
7 
4 
7 
11 
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4 
8 
4 
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3 
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10 
5 
5 
9 
5 
44 
1 
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10 
17 
20 
18 
to 6 1 
2 106 
- 93 
6 289 10 
7 63 13 
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1 67 21 
53 14 13 18 
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64 18 12 
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5 
4 
•3 
4 
4 
2 
5 
18 
20 
23 
32 
20 
37 
18 
54 
iz 
1 1 
1 2 
d * 3 
10 
6 
8 
9 
5 
5 
4 r 1 
2 
3 
2 
3 
5 
3 
i u A* -3 
1 
3 
2 
1 
5 
6 
d 
2 - -
1 - -
1 - 1 
2 - -
1 - -
- - O 11 
8 
3 
4 
12 
9 
9 
12 
AO 
1 
7 
1 
2 
3 
2 
3 
1 
2 
im* 
1 
2 
11 
2 
2 
4 
11 
2 3 
4 
3 
6 
4 
6 
2 
5 
4 
6 
4 
5 
d 
1 
5 
1 
3 
4 
4 
4 
3 
3 1R 
14 
22 
16 
12-
2 
4 
9 
6 
1 -1 2 1 3 
1 
1 1 
A -d. * 
2 197 
1V7 
??f> 
3? H 
35ft 
359 
59/ 
350 
17 
18 
9 
5 
11 
9 
9 
7 
7 
24 
28 
16 
25 
23 
34 
59 
MS 
72 
109 
162 
142 
131 
185 
161 
198 
2 
5 
1 
8 
11 
10 
11 
11 
AO 41 
70 
51 
4 4 
M) 
66 
9 7 
80 
St. 
9 
8 
7 
4 
7 
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61 
29 
60 
22 
58 
53 
28 
32 
29 
1 
15 
9 
19 
18 
dr LP 

4fU - - - - - t • - - z 
Energy 1983 ------ -1 11--- 1 ,> 
1984 -1---- ..-2---------- -3 
1985 -1---- -" - 1 
1989 -1 1"' 1 1 
1983 - - - 1 - 1 - 1 - - - 1 - /, 
Budgetary 1984 1 1---1---- - 3 
affairs 1985 -1-1-1 -, - 3 ----- 5 - - - 2 -14 
1986 -1 -3 1- 1- " -1-2 9 
1987 1-1 2 ----- 1 - 5 
1988 -- -1 --- 1 --- 2- - -2-3 9 
1999 ---1 ---3-2- -- 1 ---2-- -!--, _ n 
1982 --61-- 2-- 14 12 2 
Customs union 1983 _-,-___ 53-18 1-111-- 11 15 9 
•1984 11- -3 ---11---- 5 2 
1985 321361 3113321112-2-2 13 19 
1986 3- 43 3 110 3 26 23 25 6 218-5- --2 171 19 
H987 63 43 5 2 11 6 16 34 38 8 15 31 1-1 334 6 93 44 
1988 12 3 1 3 11 16 6 10 4 4 6 10 5 1 1 11 7 1 2 13 8 3 76 38 
?89 7 2 21 7 16 4 19 89 26 8 12 10 2-1 -16 5 73 37 
JLJ d U k d f 4 <\ j ç <, k A y y r - - d 4 z x L <iê i% SL\ 
1982 22 10 3*1 12 7 2 106 25 39 10 59 30 17 4 53 13 5 1 13 5 352 112 
1983 24 12 31 15 9 9 117 50 29 23 94 23 19 9 51 28 3 8 21 15 399 192 
1984 14 21 34 14 13 4 102 30 36 12 144 26 9 6 102 21 3 4 19 7 476 145 
1985 28 31 45 24 14 12 106 41 55 26 200 22 16 18 104 38 3 13 14 19 585 244 
1986 35 31 68 38 13 13 135 13 163 73 57 11 154 23 12 16 92 33 10 10 20 24 32 8 791 293 
1987 28 15 121 32 16 9 153 27 142 36 64 23 81 21 38 14 141 27 4 11 22 26 40 19 850 260 
1988 49 27 116 36 35 12 373 30 173 48 71 26 107 22 27 12 111 44 6 14 26 23 43 13 1137 307 
1989 62 34 129 39 17 12 184 40 185 47 247 31 102 38 41 20 155 36 5 15 24 22 44 18 1195 352 
Atto Xi 2f ASA 24. 20 * \\\ 2% IÏ0 ZZ l?0 Aï {00 *0 V< ? *>? (,(. ? 40 *? 10 *>!. loMSZ Z%1 
1 -
ACTION TAKEN ON COMPLAINTS, BY POLICY AREA 
Policy areas 
Internal market and 
industrial affairs 
Competition 
Employment and social 
affairs 
Agriculture Year of registration 
1985 
1986 
1987 
1988 
1989 
1990 (*) 
1985 
1986 
1987 
1988 
1989 
1990 (*) 
1985 
1986 
1987 
1988 
1989 
1990 (*) 
1985 
1986 
1987 
1988 
1989 
1990 (*) No action taken 
.242 
287 
320 
308 
267 
188 
2 
10 
10 
8 
8 
5 
18 
24 
18 
22 
46 
92 
116 
112 
160 
146 
164 
46 Infringement proceedings 
commenced 
35 
77 
85 
95 
62 
27 
1 
1 
1 
1 
4 
9 
12 
15 
9 
24 
21 
37 
24 
22 
4 
(*) The Commission reviews complaints received twice a year 
367 cases not yet reviewed by the end of the year. The figures for 1990 do not include the 
2 -
Policy areas 
Transport 
Environment 
Fisheries 
Financial institutions 
and banks Year of registration 
1985 
1986 
1987 
1988 
1989 
1990 (•) 
1985 
1986 
1987 
1988 
1989 
1990 (*) 
1985 
1986 
1987 
1988 
1989 
1990 (*) 
1985 
1986 
1987 
1988 
1989 
1990 (*) No action taken 
8 
9 
6 
10 
9 
7 
26 
141 
107 
160 
357 
200 
2 
1 
8 
1 
20 
3 
5 
14 
12 
5 Infringement proceedings 
commenced 
2 
4 
2 
1 
5 
12 
29 
40 
53 
46 
29 
4 
10 
3 
4 
3 
1 
(*) The Commission reviews complaints received twice a year, 
367 cases not yet reviewed by the end of the year. The figures for 1990 do not include the 
Policy areas 
Customs union and 
direct taxation 
Consumers 
TOTAL Year of registration 
1985 
1986 
1987 
1988 
1989 
1990 (•) 
1985 
1986 
1987 
1988 
1989 
1990 (*) 
1985 
1986 . 
1987 
1988 
1989 
1990 (*) No action taken 
16 
66 
83 
62 
62 
18 
8 
11 
9 
1 
448 
654 
741 
741 
942 
563 Infringement proceedings 
commenced 
3 
13 
30 
25 
14 
4 
3 
6 
2 
1 
75 
150 
215 
217 
168 
80 
(*) The Commission reviews complaints received twice a year 
the 367 cases not yet reviewed by the end of the year. The figures for 1990 do not include 

- 137 -
AWEX A 
Infringements of the Treaties and of Regulations 
Contents 
External relations 
Economic and monetary policy 
Internal market and industrial affairs .. 
Competition 
Employment, social affairs and education 
Agriculture 
Transport 
Administrative questions 
Envi ronment 
Fisheries 
Financial institutions and taxation 
Budgetary questions 
Customs union ,.-
Indirect taxation Page 
140 
140 
140 
147 
148 
149 
153 
154 
154 
155 
156 
156 
157 
159 
Legal biisi< 
The indication of the legal basis provided here is derived from the document number in the Cclrx data 
base. *'lnct is itself derived from the act's o»'n original number; u is made up as follou's: 
— one figure identifying the documentary sector (e.g. 1 = Treaties establishing the Communities, etc). 
— iv-o figures identifying the reference >car (year of publication, signature, etc.), 
— one orr»o letters identifying the legal form (e.g. E (in sector I) •= EF.C Treaty), 
— A serial number representing the number given to the document on publication or the article number. 
Example 3 80 R :I-M 
Sector 3: secondary legislation 
Year of publication 
Regulation 
Ki-gulation No 2 M 4/80 
\Z% -
SECTOR LETTER 
COOE TYPE OF DOCUMENT 
1 
TREATY TREATIES ESTABLISHING THE EUROPEAN COU> *,'! T IES. 
TREATIES AMENDING OR SUPPLEMENTING THOf-F TREATIES 
EURATOM TREATY (1957) 
ACCESSION TREATY DK. IRL, C8. N (1972) 
EEC TREATY (1957) 
TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE 
COMMISSION (1965) 
TREATY AMENDING CERTAIN BUDGETARY PROVISION! (1970) 
AMENDING TREATY (GREENLAND) (1985) 
ACCESSION TREATY GR (1979) 
ACCESSION TREATY P. E (1985) 
ECSC TREATY (1951) 
TREATY AMENDING CERTAIN FINANCIAL PROVISIONS 
TREATY AMENDING CERTAIN PROVISIONS OF THE STATUTE OF 
THE EUROPEAN INVESTMENT BANK (1975) 
SINGLE EUROPEAN ACT (1986) 
EXTERNAL 
RELATIONS LEGAL ACTS RESULTING FROM THE EXTERNAL RELATIONS OF 
THE EUROPEAN COMMUNITIES 
AGREEMENTS WITH N0N-MEM3ER COUNTRIES OR INTERNATIONAL 
ORGANIZATIONS 
SECONDARY 
LEGISLATION SECONDARY LEGISLATION 
BUDGET 
CENSURE 
DECISION (except ECSC generol decisions) 
ECSC RECOMMENDATIONS 
EEC/EURATOM DIRECTIVES 
EEC/EURATOM REGULATIONS 
ECSC GENERAL DECISIONS 
OTHER ACTS (resolutions, opinions, etc.) 
published In the OJ L series or In the OJ prior to 
1967 
OTHER ACTS published in the OJ C series 
'4* 
COMPLEMENTARY 
LEGAL ACTS COMMUNITY SUPPLEMENTARY LEGISLATION 
AGREEMENTS BETWEEN MEM3ER STATES 
DECISIONS (of the representatives of the 
governments of Member States meeting within the 
CounciI) 
OTHER ACTS published in the OJ L series 
OTHER ACTS published in the OJ C series 
-n^ -
SECTOR 
•5' 
PREPARATORY 
DOCUMENTS LETTER 
CODE TYPE OF DOCUMENT 
AC 
AG 
AK 
AP 
BP 
CC 
DC 
IC 
IP 
PC PREPARATORT DOCUMENTS 
ESC OPINIONS (if consulted) 
MISCELLANEOUS COUNCIL PREPARATORY ACTS ond ASSENTS 
(ECSC Treaty) 
ECSC CONSULTATIVE COMMITTEE OPINIONS 
EP OPINIONS (if consulted) 
EP PREPARATORY ACTS FOR THE BUDGET 
COURT OF AUDITORS OPINIONS 
MISCELLANEOUS COMMISSION PREPARATORY ACTS 
(communications, programmes, reports) 
ESC OPINIONS (own initiative) 
EP OPINIONS (own initiative) 
COMMISSION PROPOSALS 
•6' 
CASES CASE LAW 
OPINIONS OF THE ADVOCATE-GENERAL - Court of Justice 
OPINIONS - Court of First Instance 
JUDGMENT - Court of Justice 
JUDGMENT - Court of First lnstonce 
ORDER - Court of Justice 
ORDER - Court of First Instance 
SEIZURE 
THIRD PARTY PROCEEDINGS - Court of Justice 
THIRD PARTY PROCEEDINGS - Court of First Instance 
OPINION 
RULING 
•7' 
NATIONAL 
MEASURES FOR 
IMPLEMENTING 
DIRECTIVES NATIONAL PROVISIONS IMPLEMENTING DIRECTIVES 
•9' 
PARLIAMENTARY 
QUESTIONS PARLIAMENTARY QUESTIONS 
WRITTEN QUESTIONS 
QUESTIONS asked during question time 
ORAL QUESTIONS 
Note: Scetorj planned 
8 — National case-lav. 
IC — Academic writing 
N.B.: A/../... 
(A/../...) 
E.g.: A/83/039 European Court judgment of 3.12.87 
(A/88/480) 
The procedure under Article 171 EEC - A/88/480 -
is based on the failure by the Member State to 
implement the Court's judgment in infringement 
procedure A/83/039. 
Sector Legal basis Inf. No. -140-
Member State Subject Stage of proceedings 
External relations 374D0393 A/88/371 GREECE 
382R1765; 383R3420; A/88/505 
157E005 
Economic and 
monetary policy 
Internal market and 
industrial affairs 180H052 
180H052; 157E171 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 A/83/39 
(A/88/480) 
A/88/480 
A/81/268 
A/82/4 
A/82/5 
A/82/51 
A/82/316 
A/82/320 
A/83/21 GREECE 
GREECE 
GREECE 
DENMARK 
GREECE 
GERMANY 
GERMANY 
BELGIUM Delay in notifying a draft Greece-
Thailand cooperation agreement 
"Delta list" matches from Bulgaria and 
Sweden 
Refusal to authorize transfer of sums 
credited to blocked accounts of 
residents of Member States 
idem 
Packaging for beer and soft drinks 
Provisions establishing that only 
malt-based beers may be sold 
Ban on the sale of beers not brewed 
solely from malted barley 
Restrictions on imports of vermouth 
Refusal to grant import licences for 
codeine 
UNITED KINGDOM Refusal to grant import licences for 
codeine Terminated 
Reasoned opinion 
Terminated 
Letter of formal notice 
Terminated 
Reference to the Court of Justice 
Case 176/84 
Judgment 12.3.1987 
Letter of formal notice 
(Article 171) 
Reference to the Court of Justice 
Case 178/84 
Judgment 12.3.1987 
Terminated 
Reasoned opinion 
ITALY Restrictions on beer imports Reasoned opinion 
Terminated 
Sector Legal basis Inf. No. -141-
Member State Subject Stage of proceedings 
Internal market and 157E030 
industrial affairs 
(cont'd) 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 A/83/43 
A/83/101 
A/83/172 
A/83/183 
A/83/224 
A/84/256 
A/84/258 
A/84/266 
A/84/354 
A/85/28 
A/85/119 
A/85/138 
A/85/146 GREECE 
BELGIUM 
ITALY 
GERMANY 
FRANCE 
FRANCE 
BELGIUM 
DENMARK 
GERMANY 
ITALY 
ITALY 
BELGIUM 
FRANCE Limitation of profit margins on certain 
products 
Prices of pharmaceutical products 
Grants for the purchase of buses and 
trams 
Packaging of "pétillant de raisin" 
Restrictions on the import of machinery 
and equipment: health and safety rules 
Import declaration required for certain 
products 
Reimbursement of the cost of proprietary 
medicinal products 
Packaging of beer and non-alcoholic 
beverages 
Marketing of milk substitutes 
Prices of pharmaceutical products and 
medicines 
Difficulties in importing Belgian beer 
Obstacles to the import of liquid manure 
Parallel imports of antiparasitics Withdrawn 
Reference to the Court of Justice 
Case 249/88 
Reference to the Court of Justice 
Case 263/85 
Reference to the Court of Justice 
Case 179/85 
Judgment 4.12.1986 
Letter of formal notice 
(Article 171) 
Withdrawn 
Withdrawn 
Reference to the Court of Justice 
Case 249/88 
Terminated 
Reference to the Court of Justice 
Case 76/86 
Judgment 11.5.1988 
Reference to the Court of Justice 
Case 56/87 
Judgment 9.6.1988 
Terminated 
Terminated 
Terminated 
Sector Legal basis Inf. No. -142-
Member State Subject Stage of proceedings 
Internal market and 157E030 
industrial affairs 
(cont'd) 
157E030; 157E052; 
157E059 
157E171; 157E068; 
157E052; 157E059 
157E030 
157E030; 157E005; 
157E085 
157E030; 157E059 
157E030 
157E030 
157E030 
157E171 
157E052; 157E059; 
157E030; 157E086; 
157E090; 157E092; 
377L0062 
157E030 
157E171 A/85/211 
A/85/230 
A/90/164 
A/85/269 
A/85/272 
A/85/291 
A/85/357 
A/85/367 
A/85/447 
A/90/193 
A/85/466 
A/85/500 
A/90/373 ITALY 
FRANCE 
GREECE 
FRANCE 
FRANCE 
GERMANY 
BELGIUM 
ITALY 
BELGIUM 
ITALY 
GERMANY Marketing of beer 
Preference given to SFP television 
productions 
Legislation on frontier regions 
Refusal to grant import licences for 
codeine 
Book prices 
Inland waterway scrapping premiums 
Registration of imported vehicles 
(certificate of conformity and 
roadworthiness tests) 
Denaturing of oilseed refining 
by-products 
Restrictions on the use of gelatin in 
certain food products 
Installation of data-processing systems 
reserved for Italian state—owned 
compan i es 
Difficulties in the import of pate Withdrawn 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Terminated 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 55/89 
Reference to the Court of Justice 
Case 52/88 
Judgment 11.5.1989 
Reasoned opinion 
Reference to the Court of Justice 
Case 3/88 
Judgment 5.12.1989 
Reference to the Court of Justice 
Case 274/87 
Judgment 2.2.1989 
Letter of formal notice 
Sector Legal basis Inf. No. -143-
Member State Subject Stage of proceedings 
Internal market and 157E030 
industrial affairs 
(cont'd) 
157E030 
157E034 
373L0148 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 A/86/6 
A/86/40 
A/86/103 
A/89/374 
A/86/104 
A/86/234 
A/86/518 
A/87/46 
A/87/49 
A/87/54 
A/87/55 
A/87/99 
A/87/154 FRANCE 
BELGIUM 
FRANCE 
DENMARK Obstacles to the import of soft drinks Terminated 
Pharmaceutical prices; 
government/industry agreements 
Rules on the disposal of waste oils 
Frontier controls (D/DK) 
UNITED KINGDOM Obligation to indicate the origin of 
imported products 
BELGIUM 
GERMANY 
GERMANY 
SPAIN 
FRANCE 
ITALY 
ITALY 
ITALY Import licence for lubricants 
originating in Germany 
Amendment of the German law on 
foodstuffs following the Cassis de Di ion 
judgment 
Introduction of standards for asphalt 
membranes 
Registration of imported second-hand 
vehicles 
Imported TV sets required to have 
Peri te I socket 
Ban on the use of methanol as a solvent 
Marketing of butter: packaging 
Ban on the sale of péti11ont de raisin 
in champagne-type bottles Reference to the Court of Justice 
Case 249/88 
Terminated 
Reasoned opinion 
Terminated 
Terminated 
Reasoned opinion 
Reasoned opinion 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 176/89 
Terminated 
Reasoned opinion 
Sector Legal basis Inf. No. -144-
Member State Subject Stage of proceedings 
Internal market and 157E030 
industrial affairs 
(cont'd) 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 
157E030 A/87/297 
A/87/311 
A/87/319 
A/89/104 
A/87/424 
A/87/115 
A/87/454 
A/89/348 
A/87/499 
157E030; 157E036 A/89/125 
157E030 A/87/500 
157E030; 157E036 A/89/349 
157E030 A/88/61 
157E030 A/88/76 GERMANY 
SPAIN 
UNITED KINGDOM 
GERMANY 
ITALY 
GREECE 
FRANCE 
GREECE 
BELGIUM 
GREECE 
BELGIUM 
ITALY 
GERMANY 
LUXEMBOURG German rules on Leichtomofa light mopeds Terminated 
Obstacles to the import of biscuit and 
chocolate products 
Special UK standards for steel 
Imports of flame arresters 
Import licences for the exploitation of 
new plant varieties and patents 
Indication of origin on packaging 
Bicycle brakes 
Imports of cash registers 
Obstacles to the import of 
telecommunications equipment (broadcast 
receiving aerials) 
Imports of second-hand trucks 
Fixing minimum prices for manufactured 
tobacco 
Marketing of frozen pre-cooked bread 
Personal imports of medicines 
Ban on distribution of advertising 
leaf lets Reference to the Court of Justice 
Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 235/89 
Reasoned opinion 
Terminated 
Reasoned opinion 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 287/89 
Reasoned opinion 
Reference to the Court of Justice 
Case 62/90 
Reasoned opinion 
157E030 A/89/335 IRELAND Regulations on tobacco prices Reasoned opinion 
-14t>-
Sector Legal basis Inf. No. Member State Subject Stage of proceedings 
Internal market and 157E030 
industrial affairs 
(cont'd) 
157E030 
157E030 
157E034 
157E030 
157E030; 157E036 
157E030 
157E052; 157E059 
157E030 
157E052; 157E059 
157E007; 157E048; 
157E052; 157E059; 
157E171 
157E052 A/88/214 
A/89/127 
A/89/34 
A/89/61 
A/89/538 
A/89/102 
A/89/166 
A/83/267 
A/89/227 
A/84/36 
(A/88/373) 
A/84/182 
(A/90/164) 
A/84/325 SPAIN Rules amending certain items in 
specifications: hydrocarbon binders 
157E005; 157E048; A/89/73 
157E059 GREECE Imports of tourist buses from Belgium 
UNITED KINGDOM Patent licences 
FRANCE 
DENMARK 
ITALY 
GERMANY 
FRANCE 
LUXEMBOURG 
ITALY 
GREECE 
157E048; 157E052; 
157E059 A/84/388 
(A/85/265) ITALY 
FRANCE 
GREECE Disproportionate penalties 
Radio reception installations 
Discriminatory charges for carriage of 
non-Italian newspapers by air 
Labelling of medicinal products 
Replacement of doctors: dual practices 
Imports of saccharine-based products 
(fish) 
Nationality requirement (guides, 
journalists, licensed pharmacists) 
Laws relating to frontier areas 
Access to real-estate loans and renting 
of housing 
Equivalence of diplomas (opticians) 
Requirement of Greek nationality for 
teaching Terminated 
Reasoned opinion 
Reference to the Court of Justice 
Case 30/90 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Terminated 
Reasoned opinion 
Reference to the Court of Justice 
Case 168/85 
Judgment 15.10.1986 
Reference to the Court of Justice 
Case 305/87 
Judgment 30.5.1989 
Terminated 
Reasoned opinion 
Reference to the Court of Justice 
Case 147/86 
Judgment 15.3.1988 
Sector Legal basis Inf. No. -146-
Member State Subject Stage of proceedings 
Internal market and 157E052; 157E059 
industrial affairs 
(cont'd) 
157E052; 157E059 A/85/264 
(A/85/265) 
A/85/265 
(A/89/165) GREECE 
GREECE Nationality requirement for lawyers 
Nationality requirement for architects, 
engineers and land surveyors Reference to the Court of Justice 
Case 38/87 
Judgment 14.7.1988 
Reference to the Court of Justice 
Case 38/87 
Judgment 14.7.1988 
157D1186; 386D0283 A/85/499 
157E059 
157E059 
157E059 
157E059 A/86/432 
A/87/71 
A/87/113 
A/85/463 FRANCE Freedom of establishment and freedom to 
provide services in overseas territories 
FRANCE Restrictions on freedom to supply 
services as a tourist guide 
ITALY Restrictions on freedom to supply 
services as a tourist guide 
GREECE Restrictions on freedom to supply 
services as a tourist guide 
NETHERLANDS Restrictions on freedom to supply 
television services Reference to the Court of Justice 
Case 263/88 
Judgment 12.12.1990 
Reference to the Court of Justice 
Case 154/89 
Reference to the Court of Justice 
Case 180/89 
Reference to the Court of Justice 
Case 198/89 
Withdrawn and removed from Court 
register 
157E048; 157E052; A/87/407 
157E059 FRANCE Restriction of recognition of veterinary 
qualifications to naturalized French 
citizens Terminated 
157E007; 157E048; 
157E052; 157E059 
157E052; 157E059; 
157E171 
157E048; 157E052 A/88/340 ITALY Refusal to recognize qualifications in 
physiotherapy and osteopathy 
A/88/373 ITALY Nationality requirement (guides, 
journalists, keepers of chemists' shops) 
A/89/106 LUXEMBOURG Refusal to license opening of dual 
dental practice Reference to Court of Justice 
Case 58/90 
Reference to Court of Justice 
Case 297/90 
Reference to Court of Justice 
Case 351/90 
157E052; 157E059; A/89/165 
157E171 GREECE Nationality requirement to practise as 
architect, engineer or surveyor Reference to Court of Justice 
Case 328/90 
157E052; 157E059; A/89/236 
157E171 FRANCE Replacement of doctor, dual practice Terminated 
Sector Legal basis Inf. No. -147-
Member State Subject Stage of proceedings 
Internal market and 157E005; 157E048; 
industrial affairs 157E ; 157E059 
(cont'd) 
157E005; 157E030; 
157E062; 157E059 
157E059; 157E090 
371L0305 A/89/117 FRANCE 
A/87/505 
A/88/332 NETHERLANDS 
ITALY 
A/88/379 SPAIN Occupational access (kinestherapists and Reasoned opinion 
podologists) 
Restrictions on free movement of 
services in broadcasting 
Notice of qualification 
Public works contract: failure to 
respect time limit for submission of 
tenders Reference to the Court of Justice 
Case 353/89 
Reference to Court of Justice 
Case 95/90 
Terminated 
Competition 157E030 
385D0276 
157E030; 157E034; 
157E037 
157E171; 157E005; 
157E0189 
1861208; 157E012; 
157E030; 157E095 
1861048; 157E030 A/88/294 
A/86/111 
(A/89/047) 
157E005; 362R0017 A/87/72 
157E171; 384D0508 A/89/30 
A/89/47 
A/89/21 
A/87/361 GERMANY 
GREECE 
A/86/138 GREECE 
GERMANY 
BELGIUM 
GREECE 
PORTUGAL 
SPAIN Wine law 
Insurance of public property 
Petroleum products monopoly 
Refusal to give assistance to Commission 
staff 
Aid for Idea I spun-Beau Iieu 
Insurance of public property 
Adjustment of petroleum monopoly 
Adjustment of petroleum monopoly Reasoned opinion 
Reference to the Court of Justice 
Case 226/87 
Judgment 30.6.1988 
Reference to the Court of Justice 
Case 347/88 
Judgment 13.12.1990 
Terminated 
Reference to the Court of Justice 
Case 375/89 
Terminated 
Reasoned opinion 
Reasoned opinion 
Sector Legal basis Inf. No. -148-
Member State Subject Stage of proceedings 
Employment and 
Social Affairs 371R1408 A/79/131 
368R1612; 157E048 A/84/336 
157E048; 368R1612 A/89/521 
371R1408 A/85/210 
157E007; 157E048; A/85/435 
157E128; 368R1612; A/90/173 
157E171 
157E007; 371R1408 A/85/468 
365R0109 
157E051; 157E040; 
371R1408 
371R1408 
157E007; 371R1498 A/86/249 
A/86/374 
A/87/056 
A/87/057 
368R1612; 157E007; A/87/070 
157E048; 157E052 
371R1408; 372R0574; A/87/239 
68410041 
157E007; 371R1408; A/89/10 
372R0574 FRANCE Supplementary allowance from the Fonds 
notional de solidarité - refusal to 
export a social security benefit 
GERMANY Concept of normal housing 
LUXEMBOURG Discrimination on grounds of nationality 
FRANCE Calculation of employment benefits for 
frontier workers 
BELGIUM 
FRANCE 
FRANCE 
FRANCE 
FRANCE 
BELGIUM 
GERMANY 
FRANCE 
ITALY Discrimination in public financing; 
non-university higher education 
Refusal to grant allowances from the 
Fonds national de solidarité to 
nationals of other Member States 
Social security entitlements of 
nationals employed in Algeria 
Failure to respect Community-wide 
agreement on disability 
Grant of widow's pension 
Discrimination in the settlement of 
old-age pension requirements 
Equal treatment in respect of access to 
vocational training courses 
Family allowances granted under 
legislation of the State in which a 
worker's family resides 
Social discrimination Reference to the Court of Justice 
Case 236/88 
Terminated 
Reasoned opinion 
Terminated 
Reference to the Court of Justice 
Case 42/87 
Judgment 27.9.1988 
Reference to the Court of Justice 
Case 307/89 
Terminated 
Terminated 
Terminated 
Terminated 
Terminated 
Withdrawn 
Reasoned opinion 
157E048; 368R1612 A/87/282 GERMANY Equal treatment in respect of benefits Reasoned opinion 
Sector Legal basis Inf. No. -I4y-
Member State Subject Stage of proceedings 
Employment and 
Social Affairs 
(cont'd) 157E051; 371R1408 A/88/159 NETHERLANDS 
157E051; 371R1408 A/88/160 GERMANY Refusal to grant family benefits to 
workers with unemployed children in 
other Member States 
Refusal to grant family benefits to 
workers with unemployed children in 
other Member States Terminated 
Terminated 
157E048; 368R1612 A/88/215 
371R1408 A/88/362 BELGIUM 
BELGIUM Discrimination in requiring extra 
insurance contributions 
Deduction of health insurance 
contributions from supplementary pension 
benefits Reference to the Court of Justice 
Case 300/900 
Reference to the Court of Justice 
Case 253/90 
371R1408 A/88/363 
683J0261; 673J0187; A/88/364 
674J0039; 675J0007 
371R1408; 683J0275 A/88/365 NETHERLANDS 
BELGIUM 
FRANCE Discrimination against Belgian workers 
in relation to early retirement 
Covert discrimination in granting 
welfare or social security benefits 
Deduction of health insurance 
contributions from supplementary 
retirement benefits Reference to the Court of Justice 
Case 198/90 
Reference to the Court of Justice 
Case 326/90 
Reference to the Court of Justice 
Case 57/90 
Agriculture 157E030; 370R1698 A/72/212 GERMANY 
(A/89/160) 
366R0136; 384R2261; A/89/118 SPAIN 
384R3061; 157E005 Wine law 1971 
Olive oil Terminated 
Terminated 
379R0337; 379R0338 A/83/30 GERMANY Ban on the use of rectified grape must 
concentrate Terminated 
157E099; 157E005 A/89/242 NETHERLANDS 
157E030; 181H065 A/83/85 GREECE Inventory of aids 
Ban on import of bananas from ACP 
countries Reasoned opinion 
Terminated 
379R0338 A/83/115 ITALY Lago di Caldaro wine Terminated 
Sector Legal basis Inf. No. -150-
Member State Subject Stage of proceedings 
Agriculture (cont'd) 387R1351; 157E0330 A/90/176 ITALY 
368R0804; 379R0262 A/84/85 ITALY 
368R0805; 157E030; A/84/180 GREECE 
157E171 (A/89/467) 
368R0805 A/84/327 GERMANY 
157E189; 157E005; A/84/358 GERMANY 
379R0337 
379R0337; 157E030 A/84/360 GERMANY 
384R0857 A/84/387 ITALY 
379R337; 157E030 A/85/016 GERMANY 
157E171; 372R1035; A/85/68 ITALY 
369R2638; 380R2150 
380R1837; 382R0019; A/85/101 GREECE 
383R0020; 157E113 
366R0136; 157E030; A/85/142 GREECE 
157E034 
368R0827; 377L0504; A/85/275 FRANCE 
157E030 
375R2744; 382D0495; A/85/258 NETHERLANDS 
382R2029; 382R3383; 
157E005; 377R2891 Imports of eggs for hatching 
Marketing of fractionated concentrated 
butter 
Restrictions on meat imports 
Export of agar-preserved meat 
Increase in alcoholic strength of 
Moselle wines 
Protection of the Bocksbeutel bottle 
Milk levy 
Spark Iing wines 
Quality standards for fruit and 
vegetables 
Prices for sheep and goats imported from 
Hungary 
Obstacles to trade in olive oil 
Rules on artificial insemination 
Release for free circulation of 50 000 t 
of basic product transported by the 
vessel Equinox and coming from Thailand Reasoned opinion 
Reference to the Court of Justice 
Case 67/88 
Reference to the Court of Justice 
Case 124/85 
Judgment 16.12.1986 
Reasoned opinion 
Withdrawn 
Terminated 
Withdrawn 
Terminated 
Reference to the Court of Justice 
Reference to the Court of Justice 
Case 69/86 
Judgment 12.2.1987 
Reference to the Court of Justice 
Case 127/87 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 96/89 
Sector Legal basis Inf. No. -151-
Member State Subject Stage of proceedings 
Agriculture (cont'd) 385D0341 A/85/292 
384R2261; 157E040; A/85/413 
375R2727 
375R2727; 157EO05; A/85/480 
157E093 
375R2727; 157E171 A/86/25 
366R0136; 157E034 A/86/108 
(A/85/142) 
368R0234; 371R2358; A/86/137 
157E034; 157E030 
157E030; 366R0136 A/86/215 
379R0729; 157E005 A/89/57 
384R3061; 384R2261 A/86/216 
384R3061; 384R2261 A/86/217 
157E030; 157E036 A/86/263 
380R1837; 157E030 A/86/329 ITALY 
GREECE 
GREECE 
GREECE 
GREECE 
NETHERLANDS 
ITALY 
FRANCE 
GREECE 
ITALY 
GREECE 
GERMANY Protection against swine fever 
Recognition of olive oil producer 
organizations: recognition of 
cooperatives only 
Importation of feed grain, maize and 
barley; management of markets by Kydep 
Purchase of substandard durum wheat from 
1982 harvest 
Barriers to trade in olive oil 
Compulsory registration of exporters of 
agricultural products with a supervisory 
body 
Restrictions on the marketing of oils 
and fats 
Refusal to provide wine samples for 
analysis 
Computerized data files for olive oil 
Computerized data files for olive oil 
Obstacles to the import of cheese (H) 
Obstacles to the import of live sheep 
and Iambs Withdrawn 
Terminated 
Referred to the Court of Justice 
Case 35/88 
Judgment 12.7.1990 
Referred to the Court of Justice 
Case 281/87 
Judgment 29.11.1989 
Referred to the Court of Justice 
Case 272/86 
Judgment 22.9.1988 
Referred to the Court of Justice 
Case 43/88 
Judgment 31.5.1989 
Referred to the Court of Justice 
Case 67/88 
Terminated 
Withdrawn 
Withdrawn 
Referred to the Court of Justice 
Case 293/89 
Referred to the Court of Justice 
Case 382/89 
Sector Legal basis Inf. No. Member State Subject Stage of proceedings 
Agriculture (cont'd) 375R2727; 157E034 A/86/422 
366R0136; 157E030 A/86/444 
157E030; 368R0804 A/90/81 
157E030; 368R0804 A/86/469 
157E030; 381R3796 A/90/375 
381R1371; 385R3154; A/86/512 
157E005 
387R0822; 157E005 A/87/102 
384R2262 
157E030 A/87/199 
A/89/72 
368R0804; 384R0857 A/87/344 
375R2727 A/87/385 
375R2771; 375R2772 A/87/455 
157E036; 157E030 A/87/564 
368R0804; 157E030 A/88/18 GREECE Refusal to grant export licences for 
maize 
GREECE Maximum prices in olive oil trade 
FRANCE Oils and fats in cheese 
LUXEMBOURG Health control certificates required for 
the import of pasteurized butter 
GERMANY Imports of live freshwater crayfish 
GREECE Obstacles to the payment of monetary 
compensatory amounts 
GERMANY Non-compliance with obligation to 
deliver wine for compulsory distillation 
FRANCE Penalties for infringements of the rules 
on aid towards the production of olive 
oil 
ITALY Ceiling on imports of certain dairy 
products 
FRANCE Additional milk levies: right to opt for 
a reference year other than 1983 
GREECE Kydep monopoly - intervention by the 
central government in the cereals sector 
NETHERLANDS Export of eggs in shell 
GREECE Radioactivity certificate requirement 
for imports: level of radioactivity in 
food (H) 
ITALY Fat content of cheese (L) Referred to the Court of Justice 
Case 110/89 
Terminated 
Reasoned opinion 
Terminated 
Reasoned opinion 
Terminated 
Reference to the Court of Justice 
Case 217/89 
Judgment 10.7.1990 
Terminated 
Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 61/90 
Terminated 
Withdrawn 
Reference to the Court of Justice 
Case 210/89 
Judgment 11.10.1990 
Sector Legal basis Inf. No. -15*5-
Member State Subject Stage of proceedings 
Agriculture (cont'd) 386R2239 A/88/44 
157E030; 368R0804 A/88/80 PORTUGAL 
ITALY Misapplication of Community rules on 
grubbing-up premiums 
Constraints on consumer price of 
pasteurized mi Ik Terminated 
Reasoned opinion 
366R0136; 384R2261 A/88/83 ITALY 
375R2727; 157E030 A/88/242 SPAIN 
379R2374; 157E005 A/88/329 GREECE 
157E404; 356E0136; A/88/360 GREECE 
384R2261 Community aid: discrimination against 
olive oil producers not belonging to 
cooperatives 
Spanish flag clause, intra-Community 
deliveries of cereals to Spain 
Intervention beef and veal intended for 
welfare organizations 
Olive oil - producers' associations Terminated 
Terminated 
Reference to the Court of Justice 
Case 92/90 
Reasoned opinion 
385R0797 A/89/3 
370R1698; 157E171 A/89/160 
157E030; 368R0805; A/89/467 
157E171 DENMARK 
GERMANY 
GREECE Set-aside of arable land 
1971 wine law 
Imports of certain cuts of meat Reference to the Court of Justice 
Case 36/90 
Terminated 
Reasoned opinion 
Transport 370R1108; 370R2598 A/86/476 
157E076; 157E095 A/90/202 
157E059; 157E048 A/87/351 
157E059; 157E048; A/87/352 
157E052 
386R4055 A/88/74 FRANCE 
GERMANY 
GREECE 
SPAIN 
PORTUGAL Failure to provide statistics on 
transport infrastructures 
Tax on heavy goods vehicles 
Discrimination on the ground of 
nationality as regards entry to museums 
Discrimination on the ground of 
nationality as regards entry to museums 
Measures favouring vessels flying the 
Portuguese flag Terminated 
Reference to the Court of Justice 
Case 195/90 
Reasoned opinion 
Reasoned opinion 
Terminated 
Sector Legal basis Inf. No. -154-
Member State Subject Stage of proceedings 
Transport (cont'd) 387D0602 A/88/281 ITALY Refusal to give authorization for an air 
link between Manchester and Milan Reference to the Court of Justice 
Case 352/88 
Interim order 3.2.1989 
Administrative 
affairs Staff Regulations A/78/7 
(A/84/303) 
Staff Regulations A/78/8 
165F/PR0/PRI; 
157E171 
157F/PR0/PRI; 
157E171 
165F/PR0/PRI A/83/65 
A/84/303 
A/88/050 BELGIUM Transfer to Community pension scheme 
NETHERLANDS Transfer to Community pension scheme 
GERMANY Family allowances from more than one 
source 
BELGIUM Transfer to Community pension scheme 
PORTUGAL Difficulties concerning import of cars 
by officials or servants of the 
Commission Reference to the Court of Justice 
Case 137/80 
Judgment 19.10.1981 
Terminated 
Reference to the Court of Justice 
Case 189/85 
Judgment 7.5.1987 
Reference to the Court of Justice 
Case 383/85 
Judgment 3.10.1989 
Terminated 
Environment 157E005 
165/PRO/PRI 
165F/PR0/PRI A/88/65 
A/89/22 
A/89/23 
382R3626; 157E005; A/89/66 
157E189; 1861395 
382R3626; 157E005 A/86/225 BELGIUM 
BELGIUM 
FRANCE 
SPAIN 
FRANCE 50% reduction in the salaries paid by 
the Belgian authorities to Belgian 
teachers on secondment 
Application of PPI - Peulens case 
Deduction of health insurance 
contributions from retired EC official's 
national pension 
Imports of chimpanzees 
Rules on international trade in wild 
animal and plant species in danger of 
extinction Reference to the Court of Justice 
Case 6/89 
Judgment 5.4.1990 
Terminated 
Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 182/89 
Judgment 1.11.1990 
Sector Legal basis Inf. No. -155-
Member State Subject Stage of proceedings 
Fisheries 383R0170; 382R2057; A/84/404 
383R0098; 383R3624; 
384*0320; 385R0001 NETHERLANDS Overfishing 1983 and 1984 Terminated 
382R2057; 383R0171 A/84/445 FRANCE Fisheries: inadequate compliance with 
technical conservation measures Reference to the Court of Justice 
Case 64/88 
383R0170; 382R2057; A/85/354 
383R0098; 383R3624; 
384R0320; 385R0001 NETHERLANDS Overfishing 1985 Judgment 5.10.1989 
Terminated 
157E052 A/85/394 IRELAND Lack of conformity with Community law of 
the Fisheries Amendment Act 1983 Reference to the Court of Justice 
Case 93/89 
381R3796; 382R3191 A/86/188 ITALY Failure to provide information in 
connection with the common organization 
of the market in the fisheries sector Reference to the Court of Justice 
Case 209/88 
Judgment 27.11.1990 
381R3796; 383R3598 A/86/189 FRANCE Failure to provide information in 
connection with the common organization 
of the market in the fisheries sector Terminated 
381R3796; 383R3598 A/86/362 IRELAND Failure to provide information in 
connection with the common organization 
of the market in the fisheries sector Reference to the Court of Justice 
Case 39/88 
Judgment 27.11.1990 
385R0001 A/86/368 
(A/87/398) UNITED KINGDOM Overfishing 1985 Letter of formal notice 
385R3721 A/86/370 
381R3796; 383R3598; A/86/391 
382R3191; 383R3599 NETHERLANDS Overfishing 1986 
GREECE Failure to provide information in 
connection with the common organization 
of the market in the fisheries sector Reasoned opinion 
Reference to the Court of Justice 
Case 200/88 
Judgment 27.11.1990 
385R0001; 385R006 A/87/255 FRANCE Overfishing 1985 Reference to the Court of Justice 
Case 62/89 
Judgment 20.3.1990 
Sector Legal basis Inf. No. -156-
Member State Subject Stage of proceedings 
Fisheries (cont'd) 385R3721 
Financial 
institutions 385R3721; 385R3730; 
385R3732; 383R0170; 
382R057 
385R3721; 385R3732 
382R2057; 385R3777; 
386R4034 A/87/256 
A/87/396 
A/87/398 
A/87/405 
172B100; 383R0170 A/87/520 
376R0101; 381R3796 A/88/186 
376R0101; 381R3796 A/88/187 
382R2057; 387R2241 A/88/356 
157E048; 157E052; 
157E059 
157E059; 157E016 
157E059 
Budgetary questions 377R2891; 157E171 A/89/87 
A/88/318 
A/89/149 
A/85/355 
377R2892; 377R2891 A/87/60 BELGIUM 
FRANCE Overfishing 1986 
Overfishing 1986 
UNITED KINGDOM Overfishing 1986 
SPAIN Failure to fulfil obligation to record 
catches (ICES divisions) 
UNITED KINGDOM Extension of territorial waters 
UNITED KINGDOM Fishing boats, restrictions on free 
movement of persons and exports of goods 
IRELAND 
SPAIN Ban on British fishing boats in Irish 
waters and associated measures 
Requirement to cooperate - inspection 
and monitoring of fishing 
UNITED KINGDOM Merchant Navy Act 
ITALY 
BELGIUM 
ITALY 
GERMANY Taxation on encashment of Eurocheques 
Premium for the acquisition of housing 
Refusal to pay interest charges 
Own resources from VAT: calculation of 
compensation for exemption of 
te Iecommuni cat ions Terminated 
Reference to the Court of Justice 
Case 244/89 
Reasoned opinion 
Reference to the Court of Justice 
Case 146/89 
Reference to the Court of Justice 
Case 146/89 
Reference to the Court of Justice 
Case 279/89 
Reference to the Court of Justice 
Case 280/89 
Reasoned opinion 
Reference to the Court of Justice 
Case 246/89 
Terminated 
Reasoned opinion 
Reference to the Court of Justice 
Case 54/87 
Judgment 22.2.1989 
Reference to the Court of Justice 
Case 251/88 
Judgment 23.5.1990 
Sector Legal basis Inf. No. -157-
Member State Subject Stage of proceedings 
Budgetary questions 377R2891 
(cont'd) A/87/98 
Customs union 375R2727; 377R2891; A/87/358 
379R1697; 157E005 
377R2891 
377R2891 
377R2891 
377R2891 
682J0199 
377R1535 A/88/029 
157E005; A/88/245 
165F/PR0/PRI 
377R2891; 157A018 A/90/466 
A/88/285 
A/89/19 
A/89/20 
A/84/437 
682J0199; 157E171 A/84/438 
A/84/126 ITALY 
GREECE 
ITALY 
SPAIN 
ITALY 
ITALY 
IRELAND Interest on payment of own resources 
from customs duties 
Own resources; interest on late 
payments; Yugoslav maize presented as 
being of Greek origin 
Interest on late payment of own 
resources 
Implementation of the Protocol on the 
Privileges and Immunities of the EC 
Interest on late payment of own 
resources (Report 87-7-3) 
Interest on late payment of customs 
duties (Report 84-6-3) 
Failure to calculate and pay VAT 
resources owing to exemption of tolls 
UNITED KINGDOM Failure to calculate and pay VAT 
resources owing to exemption of tolls 
FRANCE 
ITALY Repayment of national charges having 
equivalent effect 
Repayment of national charges having 
equivalent effect 
UNITED KINGDOM Civil aircraft exempted from customs 
duties and subsequently used as military 
aircraft Withdrawn 
Terminated 
Withdrawn 
Terminated 
Reasoned opinion 
Withdrawn 
Reasoned opinion 
Reasoned opinion 
Withdrawn 
Reference to the Court of Justice 
Case 104/86 
Judgment 24.3.1988 
Letter of formal notice 
Reasoned opinion 
Sector Legal basis Inf. No. -158-
Member State Subject Stage of proceedings 
Customs union 
(cont'd) 157E009; 157E028; 
368R0950 
157E009; 157E028; 
368R0950 
157E009; 157E028; 
368R0950 
157E009; 157E028; 
368R0950 
157E009; 157E028; 
368R0950 
157E009; 157E028; 
368R0950 
157E009; 181H029; 
157E171 
157E009; 157E012; 
368R0804 
376R0754 
157E009; 387D0433 A/84/342 
A/84/343 
A/84/344 
A/84/345 
A/84/346 
A/84/347 
A/86/229 
1861035 A/87/62 
157E009; 157E102 A/87/158 
157E009; 157E095 A/87/283 
A/88/182 
A/88/325 
A/88/447 BELGIUM 
DENMARK Duty-free importation of military 
equipment 
Duty-free importation of military 
equipment 
UNITED KINGDOM Duty-free importation of military 
equipment 
ITALY 
GREECE 
SPAIN 
ITALY 
DENMARK 
FRANCE 
FRANCE 
ITALY Duty-free importation of military 
equipment 
LUXEMBOURG Duty-free importation of military 
equipment 
NETHERLANDS Duty-free importation of military 
equipment 
Bank charge for checking imported 
products 
Payment of Mozos de Aduono taxes 
Telegrams sent by veterinary services 
charged to importers of Iivestock 
Tax on agricultural products (dried 
fruit, chocolate-based products and 
sugar) 
Charge for computerized checking of 
customs declarations 
Returned goods 
Stamp duty on certain products Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 229/87 
Judgment 15.11.1988 
Withdrawn 
Reference to the Court of Justice 
Case 137/89 
Judgment 14.3.1990 
Terminated 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Sector Legal basis -159-
Inf. No. Member State Subject Stage of proceedings 
Indirect taxation 157E095 A/83/136 
(A/88/300) 
157E095; 157E096 A/83/158 
157E095; 157E096 A/83/187 
157E095; 157E096 A/83/188 
157E095; 157E096 A/83/189 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 A/85/215 
A/85/331 
A/85/333 
A/85/503 
A/86/78 
A/86/80 
157E095; 157E171 A/86/83 
A/90/99 ITALY Consumption tax on bananas 
ITALY Excise duty on beer 
BELGIUM Excise duty on beer 
LUXEMBOURG Excise duty on beer 
NETHERLANDS Excise duty on beer 
IRELAND Excise duty on table waters 
FRANCE Taxation of imports of second-hand goods 
having the effect of double taxation 
FRANCE Taxation of imports of second-hand goods 
having the effect of double taxation 
DENMARK Motor vehicles 
GREECE Differential rates of tax on imports of 
decorative articles made of ordinary 
plastic 
GREECE Tax on imports of powdered cheese 
ITALY Excise duties on rum Reference to the Court of Justice 
Case 184/85 
Judgment 5.7.1987 
Reference to the Court of Justice 
Case 238/90 
Reference to the Court of Justice 
Case 153/89 
Reference to the Court of Justice 
Case 152/89 
Reference to the Court of Justice 
Case 282/89 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 120/88 
Reference to the Court of Justice 
Case 47/88 
Judgment 11.12.1990 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 323/87 
Judgment 11.7.1989 
Letter of formal notice 
Sector Legal basis Inf. No. -160-
Member State Subject "Stage of proceedings 
Indirect taxation 
(cont'd) 157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 
157E095 A/86/219 
A/86/340 
A/86/399 
A/86/400 
A/87/308 
A/87/325 
A/87/341 
A/88/77 
A/88/275 
A/88/300 
A/88/336 
A/88/369 FRANCE 
GREECE Parafiscal charge on imports of forestry 
products 
Discriminatory treatment of motor 
vehicles imported from other Member 
States 
UNITED KINGDOM Parafiscal charge levied by the Sea Fish 
Industry Authority 
386R3842; 387R3077 A/89/89 
386R3842; 387R3077 A/89/90 FRANCE 
SPAIN 
GREECE 
GREECE 
PORTUGAL 
GREECE 
ITALY 
IRELAND 
GREECE 
IRELAND 
ITALY Contribution levied on potatoes 
Taxation of imports of second-hand goods 
having the effect of double taxation 
Taxation of imports of second-hand goods 
having the effect of double taxation 
Higher VAT on imported spirituous 
beverages than on national products 
Administrative charge for the inspection 
of fruit and vegetables 
VAT rate: silver-plated cutlery 
Taxation of bananas 
Measures introducing differential VAT 
rates on newspapers 
VAT on imported cars 
Counterfeit goods 
Counterfeit goods Reasoned opinion 
Reference to the Court of Justice 
Case 132/88 
Judgment 5.4.1990 
Terminated 
Terminated 
Reference to the Court of Justice 
Case 119/89 
Reference to the Court of Justice 
Case 159/89 
Reference to the Court of Justice 
Case 230/89 
Reasoned opinion 
Reasoned opinion 
Reference to the Court of Justice 
Case 380/89 
Terminated 
Reference to the Court of Justice 
Case 327/90 
Terminated 
Reasoned opinion 
Sector Legal basis Inf. No. -ibi-
Member State Subject Stage of proceedings 
Indirect taxation 
(cont'd) 
Enterprise policy, 
Tourism, 
Cooperatives 
Legal Services 157E095 
382R0636 
Art. 6 Accession 
Protocol 
385R3632 A/89/93 
A/89/128 
A/89/130 
A/89/132 
157E030; 151K004 A/89/361 
382R3599; 384R1751; A/89/544 
157E030 
157E095 A/89/627 
157E059; 157E007; A/87/351 
157E048; 157E052 
157E059; 157E007; A/87/352 
157E048; 157E052 
157E112 A/89/32 PORTUGAL 
NETHERLANDS 
SPAIN 
PORTUGAL 
ITALY 
GREECE 
GREECE 
GREECE 
SPAIN 
FRANCE Differential taxation of motor vehicles Reasoned opinion 
Inward processing of textiles 
Imports of bread-making flour into the 
Canaries 
Restrictions on forwarding agents making 
customs declarations 
Obstacles to the free movement of steel 
products 
Temporary importation of video cameras 
(camcorders) 
Tax discrimination for imported cars 
Admission to museums 
Admission to museums 
Lodging of instrument of ratification of 
the 1986 international cocoa agreement Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Reasoned opinion 
Terminated 

- 167 -
ANNEX B 
Infringement of directives 
Contents 
Statistical questions 
Internal market and industrial affairs 
Competition 
Financial institutions and company law 
Employment, social affairs and education 
Environment, consumer protection and nuclear safety 
Agriculture 
Transport 
Energy 
Budgets 
Customs -union and indirect taxation 
Telecommunications, information industries and innovation 
Human resources, education, training and youth 
78/546 
(31.12.89) 
blank 
yes 
n.m.n. 
n.p.i. 
n.p.a. 
1.1.86 
A/74/89 
Case 171/88 
Judgment 1.3.83 
r.o. Explanation of entries 
= number of directive 
- deadline for incorporation of directive into national 
law 
= no measures notified by 31 December 1990 although 
measures may in fact have been taken (measures notified 
by MS currently under study) 
- national implementing measures notified 
- proceeding initiated or pursued on the ground that no 
measures have been notified 
- proceeding pursued on the ground that the directive has 
not been properly incorporated into national law 
- proceeding pursued on the ground that the directive is 
not being properly applied 
= deadline for incorporation by the particular 
Member State 
= infringement number ( /89 - year in which proceedings 
were initiated) 
- number of case on Court of Justice register 
- date of Court judgment 
- reasoned opinion 
- 168 -
Directive Subject DK UK EL IRL NL 
Statistical questions 
72/280 Statistical surveys - yes 
(1.1.73) milk and milk 
products yes yes yes yes yes yes A/209/88 yes 
n.p.a. 
r.o. yes yes yes 
73/132 Statistical surveys - yes 
bovine livestock yes yes yes yes yes yes A/208/88 yes 
n.p.a. 
r.o. yes yes yes 
76/630 Surveys of pig 
(1.12.76) production yes yes yes yes yes yes yes A/210/88 yes 
n.p.a. 
r.o. yes yes yes 
78/546 Statistical returns - yes 
(31.12.80) carriage of goods by 
road yes yes yes yes yes yes A/74/82 
n.p.i. 
Judgment 
11.7.85 
Case 
101/84 
A/216/88 
n.p.i. 
Case 
266/89 yes yes yes yes 
82/177 Statistical surveys - yes 
(1.3.85) sheep and goat stocks yes yes yes yes yes yes A/210/88 yes yes yes yes 
n.p.a. 
r.o. 
- 169 -
Directive Subject DK UK EL IRL NL 
Internal market and industriel affairs 
62/2645 Colouring matters yes 
(26.10.63) yes yes yes yes yes yes yes yes yes yes yes 
63/261 Freedom of establish- yes 
(3.10.63) ment in agriculture -
paid workers yes yes yes yes yes yes yes yes yes 
63/262 Freedom of establish- yes 
(3.10.63) ment In agriculture -
abandoned holdings yes yes yes yes yes yes yes yes yes 
63/607 Freedom of establish- yes 
(15.4.64) ment - film industry yes yes A/499/90 yes 
n.m.n. 
169 letter yes A/612/90 yes 
n.m.n. 
169 letter yes yes yes 
64/427 Self-employed yes 
(3.1.65) persons in process­
ing industries yes yes yes yes yes A/15/90 yes 
n.m.n. 
169 letter yes yes yes yes 
64/429 Freedom of establish- yes 
(3.1.65) ment - self-employed 
persons in processing 
industries yes yes yes yes yes A/16/90 yes 
n.m.n. 
169 letter yes yes yes yes 
64/54 Preservatives 
(1.1.81) yes yes yes yes yes yes yes A278/84 yes 
n.p.a. 
r.o. yes yes yes 
65/1 Freedom to provide yes 
(15.6.65) services -
agriculture yes yes A/520/90 yes 
n.m.n. 
169 letter yes yes A/3/90 yes 
n.m.n. 
169 letter yes yes yes 
170 -
Directive Subject DK UK EL IRL NL 
65/264 Freedom of establish- yes 
(14.11.65) ment - film industry yes yes yes yes yes yes yes yes yes yes 
65/569 Preservatives 
(31.12.66) yes yes yes yes yes yes yes yes yes yes yes yes 
65/65 Proprietary 
(4.8.66) medicinal 
products yes yes yes yes yes yes yes yes yes yes yes yes 
66/722 Preservatives 
(30.6.67) yes yes yes yes yes yes yes yes yes yes yes yes 
67/427 Preservatives 
(1.3.68) yes yes yes yes yes yes yes yes yes yes yes A/796/90 
n.m.n. 
169 letter 
67/530 Freedom of establish- yes 
(26.1.68) ment - farmers yes yes yes yes yes yes yes yes yes 
67/531 Agricultural 
(26.1.68) leases yes yes yes yes yes yes yes yes yes yes 
67/532 Cooperatives 
(26.1.68) yes yes yes yes yes yes yes yes yes yes 
67/653 Colouring matters yes 
(1.1.68) yes yes yes yes yes yes yes yes yes yes yes 
67/654 Freedom of establish- yes 
(24.6.68) ment - forestry yes yes A/521/90 yes 
n.m.n. 
169 letter yes A/4/90 
n.m.n. 
169 letter yes yes yes yes yes 
- 171 -
Directive Subject DK UK EL IRL NL 
69/192 Freedom of access to yes 
(11.10.68) credit for farmers yes yes yes yes yes yes yes yes yes 
68/365 Freedom of establish- yes 
(17.4.69) ment - food 
industries yes yes A/522/90 yes 
n.m.n. 
169 letter yes A/17/90 yes 
n.m.n. 
169 letter yes yes yes yes 
68/366 Food industries 
(17.4.69) yes yes yes A/523/90 yes 
n.m.n. 
169 letter yes A/18/90 yes 
n.p.i. 
169 letter yes yes yes yes 
68/367 Freedom of establish- yes 
(17.4.69) ment - personal 
services yes yes A/524/90 yes 
n.m.n. 
169 letter yes A/23/90 yes 
n.p.i. 
169 letter yes yes yes yes 
68/369 Personal services yes 
(17.4.69) yes yes yes yes yes yes yes yes 
68/415 Freedom of access to yes 
(20.6.69) aid for farmers yes yes yes yes yes yes yes yes yes 
69/77 Activities of self- yes 
(5.3.69) employed in process­
ing industries yes yes yes yes yes yes yes yes yes 
69/82 Activities of self- yes 
(14.9.69) employed in explor­
ation yes yes A/525/90 yes 
n.m.n. 
169 letter yes A/21/90 yes 
n.m.n. 
169 letter yes yes yes yes 
70/451 Freedom of establish- yes 
(2.4.71) ment in film pro­
duction yes yes yes yes yes yes yes yes yes 
- 172 -
Directive Subject DK UK EL IRL NL 
71/18 Freedom of establish- yes 
(18.6.71) ment - agriculture 
and horticulture yes yes A/526/90 yes 
n.m.n. 
169 letter yes A/5/90 
n.p.a. 
169 letter yes yes yes yes yes 
71/160 Preservatives 
(1.10.71) yes yes yes yes yes yes yes yes yes yes yes yes 
71/305 Public works 
(29.7.72) contracts A/403/90 A/195/90 A/316/89 A/562/89 yes yes 
n.p.a. n.p.a. n.p.a. n.p.a. 
r.o. r.o. Case r.o. 
243/89 A110/88 A/332/88 yes 
n.p.i. n.p.a 
Case r.o. 
299/89 
A/596/88 
A/201/90 n.p.a. 
n.p.i. Case 
169 letter 194/88 
(Art.171) 
A/163/88 
n.p.a. 
r.o. yes A/406/87 A/91/89 
n.p.a n.p.a. 
r.o. r.o. 
A/418/89 
r.o. 
71/319 Meters for liquids 
(29.1.73) other than water yes yes yes yes yes yes yes yes yes yes yes A/810/90 
n.m.n. 
169 letter 
71/320 Motor vehicles 
(30.1.73) yes yes yes yes yes yes yes yes yes yes yes yes 
71/347 Measuring of grain 
(15.4.73) yes yes yes yes yes yes yes yes yes yes yes A/811/90 
n.m.n. 
169 letter 
71/348 Meters for liquids 
(15.4.73) other than water yes yes yes yes yes yes yes yes yes yes yes A/812/90 
n.m.n. 
169 letter 
- 173 -
Directive Subject DK UK EL IRL NL 
71/349 Calibration of tanks yes 
(15.4.73) of vessels yes yes yes yes yes yes yes yes yes yes A/813/90 
n.m.n. 
169 letter 
72/277 Public works 
(1.1.81) contracts yes yes yes yes yes yes A/110/88 yes 
n.p.i. 
Case 
299/89 yes yes yes yes 
73/23 Low voltage 
(21.8.74) equipment yes yes yes yes yes yes yes yes yes yes yes yes 
73/148 Movement and 
(23.11.73) residence A/145/86 
n.p.a. 
r.o. A/405/88 A/419/89 yes yes 
n.p.a. 
r.o. n.p.a. 
r.o. A/419/90 yes 
n.p.a. 
169 letter yes yes yes A/382/87 yes 
n.p.a. 
Case 68/89 
73/241 Cocoa and chocolate yes 
(21.7.74) yes yes yes yes yes yes yes yes yes yes yes 
73/350 Motor vehicles 
(1.1.81) yes yes yes yes yes yes yes yes yes yes yes yes 
73/361 Marking of wire-
(1.1.81) ropes and chains yes yes yes A/501/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes A/14/90 
n.m.n. 
169 letter 
73/405 Anionic surfactants yes 
(27.5.75) yes yes yes yes yes yes yes yes yes yes yes 
73/437 Sugars 
(13.12.75) yes yes yes yes yes yes yes yes yes yes yes yes 
74/394 Preservatives 
(1.1.74) yes yes yes yes yes yes yes yes yes yes yes yes 
- 174 -
Directive Subject DK UK EL IRL NL 
74/409 Honey 
(23.7.76) yes yes yes A/488/90 yes 
n.m.n. 
169 
letter yes yes yes yes yes yes yes 
75/34 Right to remain 
(18.12.75) A/373/86 yes yes yes yes yes yes yes yes yes yes yes 
n.p.a. 
ro-
75/35 Movement and 
(18.12.75) residence yes yes yes yes yes yes yes yes yes yes yes yes 
75/106 Prepackaged liquids yes 
(31.12.79) yes yes yes yes yes yes yes yes yes yes A/815/90 
n.m.n. 
169 letter 
75/107 Bottles used as yes 
(20.6.76) measuring containers yes yes yes yes yes yes yes yes yes yes A/816/90 
n.m.n. 
169 letter 
75/155 Cocoa and chocolate yes 
(1.7.75) yes yes yes yes yes yes yes yes yes yes yes 
75/318 Proprietary medicinal yes 
(22.11.76) products yes yes yes yes yes yes yes yes yes yes 
yes 1.1.91 
yes 
75/319 Proprietary medicinal 
1.1.91 products 
(22.11.76) yes yes yes yes yes yes yes yes yes yes 1.1.91 
yes 
75/324 Aerosols 
(1.1.81) yes yes yes yes yes yes yes yes yes yes yes A/817/90 
n.m.n. 
169 letter 
75/362 Doctors 
(20.12.76) yes yes yes yes yes yes yes yes yes yes yes yes 
- 175 -
Directive Subject DK UK EL IRL NL 
75/363 Doctors 
(20.12.76) yes yes yes yes yes yes yes yes yes yes yes yes 
75/368 Freedom of establish- yes 
(18.6.76) ment - various 
activities yes yes A/528/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
75/726 Fruit juices 
(19.11.76) yes yes yes yes yes yes yes yes yes yes yes yes 
76/116 Fertilizers 
(19.12.77) yes yes yes yes yes yes yes yes yes yes yes yes 
76/117 Electrical equipment yes 
(8.8.80) yes yes yes yes yes yes yes yes yes yes yes 
76/211 Packaged products yes 
(31.12.79) yes yes yes yes yes yes yes yes yes yes A/820/90 
n.m.n. 
169 letter 
76/399 Colouring matters 
(8.8.80) yes yes yes yes yes yes yes yes yes yes yes yes 
76/434 Marking of wire-
ropes and chains yes yes yes A/502/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes A/821/90 
n.m.n. 
169 letter 
76/462 Preservatives yes 
(31.12.78) yes yes yes yes yes yes yes yes yes yes yes 
76/463 Preservatives 
(5.5.78) yes yes yes yes yes yes yes yes yes yes yes yes 
76/628 Cocoa and chocolate yes 
(29.7.83) yes yes yes yes yes yes yes yes yes yes yes 
- 176 -
Directive Subject DK UK EL IRL NL 
76/756 Motor vehicles 
(1.10.77) yes yes yes yes yes yes yes yes yes yes yes yes 
76/765 Alcoholometers and yes 
(2.8.78) alcohol hydrometers yes yes yes yes yes yes yes yes yes yes A/822/90 
n.m.n. 
169 letter 
76/766 Alcohol tables 
(2.8.78) yes yes yes yes yes yes yes yes yes yes yes A/823/90 
n.m.n. 
169 letter 
76/767 Pressure vessels yes 
(1.1.81) yes yes yes yes yes yes yes yes yes yes A/824/90 
n.m.n. 
169 letter 
76/891 Electrical energy 
(1.1.81) meters yes yes yes yes yes yes yes yes yes yes yes yes 
77/62 Pub Ii c suppI y 
(22.6.78) contracts A/80/90 yes A/185/90 yes yes yes A/382/84 A/466/85 A/662/90 yes 
n.p.a. n.p.a. n.p.a. n.p.a. n.p.a. 
169 letter Case Judgment r.o. 
84/86 5.12.89 
Case 3/88 
A/348/90 A/28/89 
n.p.a. n.p.a. 
r.o. Case 362/90 A/818/89 A/422/87 
n.p.a. n.p.a. 
r.o. Case 
247/89 
A/132/90 
n.p.a. 
r.o. 
77/212 Motor vehicles 
(11.1.81) yes yes yes yes yes yes yes yes yes yes yes yes 
77/249 Lawyers 
(24.3.79) yes yes yes yes A450/84 yes 
n.p. i 
Case 
294/89 yes yes yes yes yes yes 
- 177 -
Directive Subject DK UK EL IRL NL 
77/313 Measuring systems 
(6.10.78) for liquids yes yes yes yes yes yes yes yes yes yes yes yes 
77/452 Nurses 
(29.6.79) yes yes yes yes yes yes yes yes yes yes yes yes 
77/453 Nurses 
(29.6.79) yes yes yes yes yes yes yes yes yes yes yes yes 
77/535 Analysis of 
(19.12.77) fertilizers yes yes yes yes yes yes yes yes yes yes yes yes 
77/536 Tractors yes yes yes yes yes yes yes yes yes yes yes yes 
78/25 Colouring matters for yes 
(15.6.79) medicinal products yes yes yes yes yes yes yes yes yes yes yes 
78/142 Materials intended yes 
(26.11.79) to come into 
contact with foodstuffs yes yes A/489/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
78/143 Antioxidants 
(1.2.79) yes yes yes yes yes yes yes yes yes yes yes yes 
78/144 Colouring 
(1.2.79) matters yes yes yes yes yes yes yes yes yes yes yes yes 
78/420 Proprietary yes 
(3.5.78) medicinal products yes yes yes yes yes yes yes yes yes yes yes 
78/609 Cocoa and chocolate yes 
(5.7.81) yes yes yes yes yes yes yes yes yes yes yes 
78/612 Foodstuffs 
(5.7.80) yes yes yes yes yes yes yes yes yes yes yes yes 
- 178 -
Directive Subject B D DK E F UK EL I IRL L NL P 
78/663 Foodstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
(31.1.80) 
78/664 Antioxidants yes yes yes yes yes yes yes yes yes yes yes yes 
(31.1.80) 
78/669 Public works yes yes yes yes yes yes A/110/88 yes yes yes yes yes 
(2.2.79) contracts n.p.i. 
Case 299/89 
78/686 Dentists yes yes yes A/411/90 yes yes yes yes yes yes yes yes 
(28.1.80) n.m.n. 
169 letter 
78/891 Prepackaging yes yes yes yes yes yes yes yes yes yes yes 
(1.1.80) 
78/1015 Motor yes yes yes yes yes yes yes yes yes yes yes yes 
(1.1.81) vehicles 
78/1026 Veterinary yes yes yes yes yes yes yes yes yes yes yes yes 
(21.12.80) surgeons 
78/1027 Veterinary yes yes yes yes yes yes yes yes yes yes yes yes 
(21.12.80) surgeons 
78/1031 Weight grading yes yes yes yes yes yes yes yes yes yes yes A/829/90 
(7.6.80) machines n.m.n. 
169 letter 
79/138 Analysis of yes yes yes yes yes yes yes yes yes yes yes yes 
(1.4.79) fertilizers 
- 179 -
Directive Subject DK UK EL IRL NL 
79/168 Fruit juices 
(1.7.80) yes yes yes A/490/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
79/196 Electrical 
(8.8.80) equipment yes yes yes yes yes yes yes yes yes yes yes yes 
79/830 Hot-water 
(1.1.82) meters yes yes yes yes yes yes yes yes yes yes yes yes 
79/1005 Prepackaged 
(1.1.81) liquids yes yes yes yes yes yes yes yes yes yes yes A/832/90 
n.m.n. 
169 letter 
80/154 Midwives 
(23.1.83) yes yes yes A/530/90 yes 
n.m.n. 
169 
letter yes yes yes yes yes yes yes 
80/155 Midwives 
(23.1.83) yes yes yes A/225/90 yes 
n.p. i 
Case 
313/89 yes yes yes yes yes yes yes 
80/232 Prepackaged 
(15.1.82) products yes yes yes yes yes yes yes yes yes yes A/833/90 
n.m.n. 
169 letter 
80/597 Foodstuffs 
(1.6.82) yes yes yes yes yes yes yes yes yes yes yes yes 
80/720 Tractors 
(27.12.81) yes yes yes yes yes yes yes yes yes yes yes yes 
- 180 -
Directive Subject DK UK EL IRL NL 
80/766 Articles intended to yes 
(11.1.82) come into contact 
with foodstuffs yes yes yes yes yes yes yes yes yes yes 
80/767 Public supply 
(1.1.81) contracts yes yes yes yes yes yes yes yes yes yes yes A/283/90 
n.m.n. 
169 letter 
80/777 Mineral 
(17.7.84) waters yes yes yes yes yes yes yes yes yes yes yes A/797/90 
n.m.n. 
169 letter 
80/781 Dangerous 
(1.1.84) preparations yes yes yes yes yes yes yes yes yes yes yes A/881/90 
n.m.n. 
169 letter 
80/876 Straight 
(16.1.82) fertilizers yes yes yes yes yes yes A/214/90 yes 
n.m.n. 
169 letter yes yes yes yes 
80/891 Erucic acid content yes 
(1.2.82) in oils and fats yes yes yes yes yes yes yes yes yes yes yes 
80/1273 Midwives 
(23.1.83) yes yes yes A/531/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
81/20 Colouring matters yes 
(1.7.81) for use in foodstuffs yes yes yes yes yes yes yes yes yes yes 
81/214 Preservatives for yes 
(1.7.81) use in foodstuffs yes yes yes yes yes yes yes yes yes yes yes 
- 181 -
Directive Subject DK UK EL IRL NL 
81/432 Foodstuffs 
(1.1.82) yes yes yes yes yes yes yes yes yes yes yes A/798/90 
n.m.n. 
169 letter 
81/464 Colouring matters 
(1.1.81) added to medicinal 
products yes yes yes yes yes yes yes yes yes yes yes yes 
81/487 Fruit juice 
(1.7.83/ 
1.7.84) yes yes yes yes yes yes yes yes yes yes yes 
81/712 Additives in 
(20.2.83) foodstuffs -
criteria of purity yes yes yes yes yes yes yes yes yes yes yes yes 
81/851 Veterinary 
(9.10.83) medicinal products yes yes yes yes yes yes yes yes yes yes yes yes 
81/852 Veterinary 
(9.10.83) medicinal products yes yes yes yes yes yes yes yes yes yes yes yes 
81/916 Paints, varnishes, yes 
(1.7.83) inks and adhesives yes yes yes yes yes yes yes yes yes yes A/883/90 
n.m.n. 
169 letter 
81/962 Antioxidants 
(1.12.82) yes yes yes yes yes yes yes yes yes yes yes 
81/1057 Doctors, nurses, yes 
(30.6.82) dentists and 
veterinary surgeons yes yes A/532/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
- 182 -
Directive Subject DK UK EL IRL NL 
82/76 Doctors 
(31.12.82) yes yes yes yes yes yes A/6/84 
n.p.i. 
Judgment 
7.7.87 
Case 49/86 
A/88/112 
n.p.i. 
Case 
236/89 yes yes yes yes 
82/242 Biodegradability 
(8.10.83) of surfactants yes yes yes yes yes yes yes A/378/84 
n.m.n. 
Judgment 
2.3.88 
Case 
309/86 
A/202/89 
n.m.n. 
r.o. 
(Art. 171) yes yes yes yes 
82/243 Biodegradability 
(8.10.83) of surfactants yes yes yes yes yes yes yes 4/379/84 
n.m.n. 
Judgment 
2.3.88 
Case 
309/86 
A/203/89 
n.m.n. 
r.o. 
(Art. 171) yes yes yes yes 
- 183 -
Directive Subject DK UK EL IRL NL 
82/470 Services 
(2.1.84) incidental to 
transport A/123/85 
n.p.i. 
Judgment 
21.6.88 
Case 
283/86 
A/355/89 
n.p.i. 
169 letter 
(Art. 171) yes yes yes yes yes yes A/126/85 yes 
n.m.n. 
Judgment 
12.7.88 
Case 
310/86 
A/362/89 
n.m.n. 
r.o. 
(Art. 171) yes yes yes 
83/473 Solvents 
(1.1.84) yes yes yes yes yes yes yes yes yes yes yes A/884/90 
n.m.n. 
169 letter 
92/489 Hairdressers 
(23.1.84) yes yes yes A/533/90 
n.m.n. 
169 letter yes yes yes yes yes yes 
82/499 Radio 
(1.12.84) interference yes yes yes yes yes yes yes yes yes yes yes A/834/90 
n.m.n. 
169 letter 
82/504 Foodstuffs 
(1.1.84) yes yes yes yes yes yes yes yes yes yes yes yes 
82/621 Electrical 
(1.1.83) energy meters yes yes yes yes yes yes yes yes yes yes yes yes 
82/624 Alcoholometers and yes 
(1.5.83) alcohol hydrometers yes yes yes yes yes yes yes yes yes yes A/836/90 
n.m.n. 
169 letter 
82/625 Measuring systems yes 
(1.5.83) for liquids other 
than water yes yes yes yes yes yes yes yes yes yes A/837/90 
n.m.n. 
169 letter 
184 -
Directive Subject DK UK EL IRL NL 
82/711 Articles in contact yes 
with foodstuffs yes yes yes yes yes yes yes yes yes yes A/799/90 
n.m.n. 
169 letter 
82/712 Antioxidants 
(30.6.84) yes yes yes yes yes yes yes yes yes yes yes 
82/806 Dangerous 
(25.11.83) substances yes yes yes yes yes yes yes yes yes yes yes yes 
82/890 Tractors 
(21.6.84) yes yes yes yes yes yes yes yes yes yes yes yes 
82/953 Tractors 
(30.9.83) yes yes yes yes yes yes yes yes yes yes yes yes 
83/128 Clinical 
(1.1.86) thermometers yes yes yes yes yes yes yes yes yes yes yes yes 
83/189 Technical 
(31.3.84) standards A/276/87 A/431/88 yes 
n.p.a. n.p.a 
169 letter 169 letter yes yes yes yes yes yes A/420/88 A/80/89 A/418/88 
n.p.a. 
r.o. n.p.a. 
r.o. n.p.a. 
r.o. 
A/407/88 
n.p.a. 
169 letter 
83/190 Tractors 
(30.9.83/ 
1.10.83) yes yes yes yes yes yes yes yes yes yes yes yes 
83/229 Materials and yes 
(1.1.86) articles in contact 
with foodstuffs yes yes yes yes yes yes yes yes yes yes A/800/90 
n.m.n. 
169 letter 
- 185 -
Directive Subject DK UK EL IRL NL 
83/265 Paint, varnishes, yes 
(19.5.84) inks and adhesives yes yes yes yes yes yes yes yes yes yes A/885/90 
n.m.n. 
169 letter 
83/417 Lactoproteins 
(1.8.85) yes yes yes yes yes yes yes yes yes yes yes yes 
83/463 Labelling of 
(1.7.84) foodstuffs yes yes yes yes yes A/596/90 yes 
n.m.n. 
169 letter yes yes yes yes 
83/478 Dangerous 
(21.3.86) substances yes yes yes yes yes yes yes yes yes yes yes yes 
83/570 Proprietary 
(31.10.85) medicinal products yes yes yes yes yes yes yes yes yes yes yes yes 
83/575 Measuring 
(31.12.84) instruments yes yes yes yes yes yes yes yes yes yes yes yes 
83/635 Preserved 
(1.1.86/ milk 
1.1.87) yes yes yes yes yes yes yes yes yes yes yes yes 
84/47 Electrical 
(1.1.85) equipment yes yes yes yes yes yes yes yes yes yes yes A/840/90 
n.m.n. 
169 letter 
84/291 Pesticides 
(30.4.85) yes yes yes A/517/90 yes yes 
n.m.n. 
169 letter yes yes yes yes yes yes 
84/372 Sound level of 
(1.10.84) motor vehicles yes yes yes yes yes yes yes yes yes yes yes yes 
- 186 -
Directive Subject DK UK EL IRL NL 
84/414 Thermometers 
(1.1.86) yes yes yes yes yes yes yes yes yes yes yes yes 
84/500 Ceramic articles 
(17.10.87) in contact with 
foodstuffs A/460/88 
n.m.n. 
Case 
307/90 yes yes yes yes yes yes yes yes yes yes yes 
84/525 Seamless steel 
(23.3.86) gas cylinders yes yes yes yes yes yes yes yes yes yes yes A/841/90 
n.m.n. 
169 letter 
84/526 Aluminium 
(23.3.86) gas cylinders yes yes yes yes yes yes yes yes yes yes yes A/842/90 
n.m.n. 
169 letter 
84/527 Welded una Iloyed yes 
(23.3.86) steel gas cylinders yes yes yes yes yes yes yes yes yes yes A/843/90 
n.m.n. 
169 letter 
84/528 Lifting and mechan- yes 
(26.9.86) ical handling 
appliances yes yes yes yes yes yes yes yes yes yes A/844/90 
n.m.n. 
169 letter 
84/529 Lifts 
(26.9.86) yes yes yes yes yes yes yes yes yes yes yes A/845/90 
n.m.n. 
169 letter 
84/532 Construction plant 
(26.3.86) and equipment yes yes yes yes yes yes yes yes yes yes yes A/846/90 
n.m.n. 
169 letter 
- 187 -
Directive Subject DK UK EL IRL NL 
84/539 Electro-medical 
(26.9.86) equipment used 
in medicine yes yes yes A/503/90 yes yes yes yes yes yes A/41/87 A/847/90 
n.m.n. n.m.n. n.m.n. 
169 letter Case 169 letter 
310/89 
85/1 Units of 
(1.7.85) measurements yes yes yes yes yes yes yes yes yes yes yes yes 
85/10 Prepackaged 
(20.12.85) liquids yes yes yes yes yes yes yes yes yes yes yes A/847/90 
n.m.n. 
169 letter 
85/146 Measures of length 
(1.1.86) yes yes yes yes yes yes yes yes yes yes yes yes 
85/205 Motor vehicles 
(1.10.85) yes yes yes yes yes yes yes yes yes yes yes yes 
85/374 Defective products A/145/89 
(30.7.88) n.m.n. A/148/89 yes 
n.m.n. 
169 letter A/146/89 yes 
n.m.n. 
169 letter yes yes A/150/89 
n.m.n. 
169 letter A/151/89 yes 
n.m.n. 
169 letter 
85/384 Architects 
(5.8.87) A/506/88 yes 
n.m.n. 
r.o. yes yes yes yes A/387/88 A/507/88 yes 
n.m.n. n.m.n. 
Case Case 
309/90 296/90 yes yes yes 
85/432 Pharmacists 
(1.10.87) yes yes yes A/534/90 yes 
n.m.n. 
169 letter yes yes A/253/88 yes 
n.m.n. 
Case 
152/90 yes yes yes 
- 188 
Directive Subject DK UK EL IRL NL 
85/433 
(1.10.87) Pharmacists A/255/88 yes 
n.m.n. 
Case 167/90 yes A/535/90 yes 
n.m.n. 
169 letter yes yes A/258/88 
n.m.n. 
Case 152/90 A/259/88 yes 
n.m.n. 
Case 168/90 yes 
85/467 
(30.6.86) Dangerous substances yes yes yes yes yes yes yes yes yes yes yes yes 
85/503 
(1.5.87) Caseins and 
caseinates yes yes yes yes yes yes yes yes yes yes yes yes 
85/573 Coffee and chicory yes 
(1.1.87) extracts yes yes yes yes yes yes yes yes yes yes yes 
85/584 
(1.10.87) Pharmacists A/260/88 yes 
n.m.n. 
Case 147/90 yes yes yes yes yes A/263/88 yes 
n.m.n. 
Case 152/90 A/264/88 yes 
n.m.n. 
r.o. yes 
85/585 
(1.12.86) Preservatives yes yes yes yes yes yes yes yes yes yes yes yes 
85/591 Foodstuffs intended yes 
(23.12.87) for human consumption yes yes yes yes yes yes yes yes 
85/610 
(31.12.87) Dangerous substances yes yes yes yes yes yes yes yes yes yes yes yes 
85/614 
(5.8.87) Architects yes yes yes yes yes yes A/388/88 A/509/88 yes 
n.m.n. n.m.n. 
Case Case 
309/90 296/90 yes yes yes 
85/647 Motor vehicles 
(30.9.86) yes yes yes yes yes yes yes yes yes yes yes yes 
- 189 -
Directive Subject DK UK EL IRL NL 
86/17 Architects 
(6.8.87) yes yes yes yes yes yes A/389/88 A/547/88 yes 
n.m.n. n.m.n. 
Case Case 
309/90 296/90 yes yes 
86/94 Detergents 
(31.12.89) yes yes yes yes yes yes yes A/678/90 yes 
n.m.n. 
169 letter yes yes yes 
86/96 Prepackaged products yes 
(19.9.87) yes yes yes yes yes yes yes yes yes yes A/849/90 
n.m.n. 
169 letter 
86/217 Tyre pressure 
(30.11.87) gauges yes yes yes yes yes yes yes yes yes yes yes yes 
86/295 Construction plant 
(30.5.89) (rops) yes yes yes A/504/90 yes 
n.m.n. 
169 letter yes A/586/89 yes 
n.m.n. 
r .o. yes A/618/89 A/596/89 A/851/90 
n.m.n. n.m.n. n.m.n. 
r.o. r.o. 169 letter 
86/296 Construction plant yes 
(30.5.89) (fops) yes yes A/505/90 yes 
n.m.n. 
169 letter yes A/587/89 yes 
n.m.n. 
r .o. yes A/619/89 A/597/89 A/852/90 
n.m.n. n.m.n. n.m.n. 
r.o. r.o. 169 letter 
86/297 Tractors -
(2.1.88/ power take-offs 
1.1.95) yes yes yes yes yes yes yes yes yes yes yes yes 
86/298 Tractors - yes 
(2.6.88) protection structures yes yes yes yes yes yes yes yes yes yes yes 
86/312 Lifts 
(27.9.86) yes yes yes yes yes yes yes yes yes yes yes A/853/90 
n.m.n. 
169 letter 
- 190 -
Directive Subject DK UK EL IRL NL 
86/388 Cellulose film in 
(1.4.87) contact with 
foodstuffs yes yes yes A/493/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes A/801/90 
n.m.n. 
169 letter 
86/415 Tractors 
(1/10/87) yes yes yes yes yes yes yes yes yes yes yes yes 
86/424 Caseins and 
(15.1.88) caseinates -
analysis A/14/89 yes 
n.m.n. 
Case 306/90 yes yes yes yes yes yes yes yes yes A/802/90 
n.m.n. 
169 letter 
86/457 Training in general 
(1.1.88/ medical practice 
1.1.90) yes yes yes yes yes yes yes A/56/89 yes 
n.m.n. 
Case 292/90 yes yes yes 
86/508 Paints, varnishes 
(1.9.87) etc. yes yes yes yes yes yes yes yes yes yes yes A/886/90 
n.m.n. 
169 letter 
86/562 Motor vehicles 
(31.12.86) yes yes yes yes yes yes yes yes yes yes yes yes 
86/604 Preservatives used 
(1.1.88) in foodstuffs 
intended for human 
consumption yes yes yes yes yes yes yes yes yes yes yes yes 
86/663 Se If-prope11ed 
(1.1.89) industrial trucks yes yes yes yes yes yes A/588/89 A/594/89 A/606/89 A/620/89 A/598/89 A/854/90 
n.m.n. 
r.o. n.m.n. 
r.o. n.m.n. 
r.o. n.m.n. 
r.o. n.m.n. 
r.o. n.m.n. 
169 letter 
87/19 Proprietary yes 
(1.7.87) medicinal products yes yes A/515/90 yes yes 
n.m.n. 
169 letter yes yes yes yes yes 1.1.91 
yes 
- 191 -
Directive Subject DK UK EL IRL NL 
87/20 Veterinary yes 
(1.7.87) medicinal products yes yes yes yes yes yes A/94/88 yes 
n.m.n. 
r.o. yes yes yes 
87/21 Proprietary 
(1.7.87) medicinal products yes yes yes 1.1.92 
yes yes yes 1.1.92 yes yes yes yes 1.1.92 
yes 
87/22 High-technology 
(1.7.87) medicinal products yes yes yes yes yes yes yes yes yes yes yes 
87/54 
(7.11.87) Legal protection 
of semiconductor 
topographies yes yes yes yes yes yes A/449/89 yes 
n.m.n. 
Case 574/90 yes yes yes yes 
87/56 
(1.1.88) Sound level of 
motorcycles yes yes yes yes yes yes yes yes yes yes yes yes 
87/76 
(1.7.88) Motor vehicles -
air pollut ion yes yes yes yes yes yes A/379/89 yes 
n.m.n. 
169 letter yes yes yes yes 
87/77 Gaseous pollutants yes 
(1.7.88) from diesel engines yes yes yes yes yes A/380/89 yes 
n.m.n. 
169 letter yes yes yes yes 
87/94 Straight fertilizers yes 
(31.12.87) yes yes yes yes A/238/89 yes yes 
n.m.n. 
r .o. yes yes yes yes 
87/250 Labelling of yes 
(1.5.88/ alcoholic beverages 
1.5.89) yes yes yes A/114/89 yes 
n.m.n. 
169 letter yes yes yes yes yes A/803/90 
n.m.n. 
169 letter 
- 192 -
Directive Subject DK UK EL IRL NL 
87/308 Radio interference 
(31.12.88/ 
31.12.89) yes yes yes yes yes yes A/590/89 yes 
n.m.n. 
r.o. yes yes yes A/855/90 
n.m.n. 
169 letter 
87/310 Suppression of 
(31.12.87) radio interference 
fluorescent Iights yes yes yes yes yes yes A/591/89 yes 
n.m.n. 
r.o. yes yes yes A/856/90 
n.m.n. 
169 letter 
87/354 Industrial A/396/88 
(31.12.87) products - n.m.n. 
indications of r.o. 
Member States yes yes yes yes yes yes A/403/88 yes 
n.m.n. 
r.o. yes yes A/857/90 
n.m.n. 
169 letter 
87/355 Measuring 
(31.12.87) instruments yes yes yes yes yes yes yes A/404/88 yes 
n.m.n. 
r.o. yes yes yes 
87/356 Prepackaged 
(30.6.88) products yes yes yes yes yes yes yes A/193/89 yes 
n.m.n. 
r.o. yes yes A/859/90 
n.m.n. 
169 letter 
87/358 Motor vehicles 
(1.10.88) type-approval yes yes yes yes yes yes A/377/89 yes 
n.m.n. 
r.o. yes yes yes yes 
87/402 Tractors 
(26.6.89) yes yes yes yes yes yes yes A/956/90 yes 
n.m.n. 
169 letter yes yes yes 
87/403 Motor vehicles 
(1.10.88) type-approval yes yes yes yes yes yes A/378/89 yes 
n.m.n. 
r.o. yes yes yes yes 
87/524 Preserved 
(6.4.89) mi Ik products yes yes yes yes yes yes yes yes yes yes yes A/804/90 
n.m.n. 
169 letter 
- 193 -
Directive Subject DK UK EL IRL NL 
87/566 Fertilizers -
(31.10.88) sampling and 
analysis yes yes yes yes A/239/89 yes 
n.m.n. 
r.o. A/441/89 yes 
n.m.n. 
r.o. A/234/89 yes 
n.m.n. 
r.o. yes 
88/182 Technical 
(1.1.89) standards yes yes yes yes yes yes yes A/372/90 yes 
n.m.n. 
169 letter A/884/90 
n.m.n. 
169 letter 
88/183 Fluid fertilizers 
(25.3.89) yes yes yes yes yes yes A/186/90 A/51/90 yes 
n.m.n. 
r.o. n.m.n. 
r.o. A/53/90 yes 
n.m.n. 
r.o. yes 
88/194 Motor vehicles -
(1.10.88) braking devices yes yes yes yes yes yes A/381/89 yes 
n.m.n. 
r.o. yes yes yes yes 
88/195 Motor vehicles 
(1.4.88) engine power yes yes yes yes yes yes A/382/89 yes 
n.m.n. 
r.o. yes yes yes yes 
88/295 Public supply 
(1.1.89) contracts yes yes yes 1.3.92 yes yes 1.3.92 A/449/89 yes 
n.m.n. 
r.o. yes A/580/89 1.3.92 
n.m.n. 
169 letter 
88/297 Tractors -
(31.12.88) type approval yes yes yes yes yes yes yes yes yes yes yes yes 
88/316 Prepackaged 
(30.6.88) liquids yes yes yes yes yes yes yes A/194/89 
n.m.n. 
r.o. yes yes yes yes 
88/320 Good laboratory 
(1.1.89) practice yes yes A/589/90 
n.m.n. 
169 letter yes yes yes yes yes 
- 194 -
Directive Subject DK UK EL IRL NL 
88/366 Motor vehicles - yes 
(1.10.88) field of vision yes yes yes yes yes A/383/89 yes 
n.m.n. 
r.o. yes yes yes yes 
88/388 Flavourings 
(30.12.89) yes A/422/90 yes 
n.m.n. 
169 letter yes A/569/90 
n.m.n. 
169 letter yes A/671/90 A/638/90 A/704/90 A/711/90 yes 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 
88/410 Tractors 
(30.9.88) yes yes yes yes yes yes yes yes yes yes yes yes 
88/411 Tractors - steering yes 
(30.9.88) equipment yes yes yes yes yes yes yes yes yes yes yes 
88/412 Tractors - speed yes 
(30.9.88) yes yes yes yes yes yes yes yes yes yes yes 
88/413 Tractors - roll-over yes 
(30.9.88) protection yes yes yes yes yes yes yes yes yes yes yes 
88/414 Tractors 
(30.9.88) yes yes yes yes yes yes yes yes yes yes yes yes 
88/436 Restriction of yes 
(1.10.88) pollutant emissions 
from diesel engines yes yes yes yes yes A/389/89 
n.m.n. 
r.o. yes yes yes yes yes 
88/465 Tractors 
(30.9.88) yes yes yes yes yes yes yes yes yes yes yes yes 
88/571 Electrical 
(31.12.89) equipment yes yes yes yes yes yes yes A/670/90 A/641/90 A/711/90 yes 
n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter A/872/90 
n.m.n. 
169 letter 
- 195 -
Directive Subject DK UK EL IRL NL 
88/593 Jams, jellies 
(1.1.89) and marmalades yes A/483/90 yes yes A/570/90 yes yes yes A/639/90 A/705/90 A/742/90 A/806/90 
_ _ n n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 Ietter169 letter 
89/105 Pricing of 
(31.12.89) medicinal products yes yes yes yes yes yes yes yes yes yes yes yes 
89/173 Tractors 
(31.12.89) yes yes yes yes yes yes yes yes yes yes yes yes 
89/235 Motorcycles -
(30.4.89) sound level yes yes yes yes yes yes A/344/90 yes 
n.m.n. 
169 letter yes yes yes yes 
89/240 Self-propelled yes 
(1.1.89) industrial trucks yes yes yes yes yes A/589/89 A/595/89 A/607/89 A/621/89 A/599/89 A/863/90 
n.m.n. 
r.o. n.m.n. 
r.o. n.m.n. 
r.o. n.m.n. 
r.o. n.m.n. 
r.o. n.m.n. 
169 letter 
89/277 Motor vehicles 
(30.9.89) yes yes yes yes yes yes A/312/90 yes 
n.m.n. 
169 letter yes yes yes yes 
89/278 Motor vehicles yes 
(30.9.89) yes yes yes yes yes A/313/90 yes 
n.m.n. 
169 letter yes yes yes yes 
89/297 Motor vehicles 
(30.10.89) yes yes yes yes yes yes A/314/90 yes 
n.m.n. 
169 letter yes yes yes yes 
89/344 Cocoa and 
(1.1.88) chocolate yes yes yes A/673/90 A/640/90 
n.m.n. n.m.n. 
169 letter 169 letter yes yes 
- 196 -
Directive Subject DK UK EL IRL NL 
89/516 Motor vehicles 
(31.12.89) yes yes yes yes yes yes A/607/90 
n.m.n. 
169 letter yes yes yes yes yes 
89/517 Motor vehicles 
(31.12.89) yes yes yes yes yes yes A/608/90 
n.m.n. 
169 letter yes yes yes yes yes 
89/518 Motor vehicles 
(31.12.89) yes yes yes yes yes yes A/609/90 
n.m.n. 
169 letter yes yes yes yes yes 
89/394 Fruit juices 
(14.6.90) yes yes A/463/90 
n.m.n. 
169 letter A/496/90 
n.m.n. 
169 letter A/571/90 yes 
n.m.n. 
169 letter A/599/90 
n.m.n. 
169 letter A/674/90 
n.m.n. 
169 letter A/641/90 
n.m.n. 
169 letter A/706/90 
n.m.n. 
169 letter A/743/90 yes 
n.m.n. 
169 letter 
89/396 Foodstuffs 
(20.6.90) yes A/425/90 A/464/90 A/497/90 
n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter A/572/90 yes A/600/90 A/675/90 A/642/90 A/707/90 A/744/90 A/807/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
89/397 Foodstuffs 
(20.6.90) A/440/90 A/426/90 A/465/90 A/498/90 A/573/90 yes 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter A/601/90 A/676/90 A/643/90 A/708/90 A/745/90 A/808/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
89/398 Foodstuffs 
(16.5.90) A/441/90 A/427/90 yes A/500/90 A/574/90 yes A/602/90 A/677/90 A/644/90 A/709/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter A/746/90 A/809/90 
n.m.n. n.m.n. 
169 letter 169 letter 
89/284 Fertilizers 
(17.4.89) yes yes A/468/90 A/518/90 A/575/90 A/777/99 A/610/90 A/679/90 A/647/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter A/717/90 yes 
n.m.n. 
169 letter yes 
89/451 Packaging of 
(15.10.89) paints, varnishes, 
inks and adhesives yes yes yes yes yes yes yes yes A/648/90 
n.m.n. 
169 letter yes yes A/891/90 
n.m.n. 
169 letter 
- 197 -
Directive Subject B D DK E F UK EL I IRL L NL P 
Competition 
88/301 Telecommunications A/330/90 yes yes yes yes yes yes yes yes yes yes yes 
(31.12.88) terminal equipment n.m.n. 
169 letter 
- 198 -
Directive Subject DK UK EL IRL NL 
Financial institutions and company law 
69/335 
(1.1.72) Raising of 
capital yes yes yes yes yes yes yes yes yes yes yes yes 
72/166 
(31.12.73) Insurance 
against civi I 
IiabiIity 
(Green card) yes yes yes yes yes yes yes A/485/87 yes 
n.p.a. 
Case 
232/89 yes yes yes 
73/79 
(1.1.76) Capital duty yes yes yes yes yes yes yes yes yes yes yes yes 
73/239 
(31.1.75) Taking up of 
business of 
direct insurance yes yes yes yes yes yes yes yes yes yes yes yes 
77/91 
(16.12.78) Company I aw A/404/86 yes 
n.p.a. 
r .o. yes yes yes yes yes yes yes yes yes yes 
77/799 Mutual 
(1.1.79) assistance yes yes yes yes yes yes A/804/90 yes 
n.m.n. 
169 letter yes yes yes yes 
78/473 Commun i ty 
(2.12.79) coinsurance yes yes yes yes yes yes yes yes A/127/83 
n.p.i. 
Judgment 
4.12.86 
Case 
206/84 yes yes yes 
- 199 -
Directive Subject DK UK EL IRL NL 
78/660 Annual accounts 
(31.1.82) of companies yes yes yes yes yes yes yes A/306/82 
n.m.n. 
Judgment 
20.3.86 
Case 17/85 yes yes yes yes 
A/433/88 
n.m.n. 
r.o. 
(Art. 171) 
78/855 
(12.10.80) Mergers A/129/86 
n.m.n. 
Judgment 
11.5.89 
Case 46/88 
A/399/90 
n.m.n. 
169 letter 
(Art. 171) yes yes yes yes yes yes A/133/86 
n.m.n. 
Case 90/88 yes yes yes yes 
79/279 
(30.6.83) Admission to 
official 
Iisting yes yes yes A/562/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
79/1070 
(1.1.81) Mutual 
assistance yes yes yes yes yes yes A/804/90 yes 
n.m.n. 
169 letter yes yes yes yes 
80/390 
(30.6.83) Listing 
particulars for 
admission to 
official listing yes yes yes A/563/90 A/338/86 yes 
n.m.n. n.p.i. 
169 letter r.o. yes yes yes yes yes yes 
82/121 
(30.6.83) Regular 
information 
to be pub Iished 
by companies yes yes yes A/564/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
- 200 -
Directive Subject B DK UK EL I IRL NL 
82/891 Division of 
(1.1.86) public limited 
liability 
compan i es A/129/86 
n.m.n. 
Judgment 
11.5.89 
Case 46/88 
A/399/90 
n.m.n. 
169 letter 
(Art. 171) yes yes yes yes yes yes A/133/86 
n.m.n. 
Case 
90/88 yes yes yes yes 
83/349 Consolidated 
(1.1.88) accounts yes yes yes yes yes yes yes A/321/89 A/322/89 yes 
n.m.n. n.m.n. 
r.o. Case 
359/90 yes A/314/89 
n.m.n. 
r.o. 
84/5 
(1.1.88) Insurance 
against civi 
liability yes yes yes yes yes yes A/200/89 yes 
n.m.n. 
r.o. yes A/172/89 yes 
n.m.n. 
Case 
349/90 yes 
84/253 
(1.1.88) Audits of 
accounting 
documents yes yes yes yes yes yes yes A/326/89 A/324/89 yes A/328/89 yes 
n.m.n. n.m.n. n.m.n. 
r.o. Case r.o. 
359/90 
84/641 Tourist assistance 
(30.6.87) yes yes yes yes yes yes A/177/89 A/178/89 yes A/179/89 yes 
n.m.n. n.m.n. n.m.n. 
r.o. r.o. Case 
349/90 yes 
85/303 Indirect taxes 
(1.1.86) on capital yes yes yes A/558/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
- 201 -
Directive Subject DK UK EL IRL NL 
85/611 Undertoklngs for A/39/90 
(1.1.89) collective n.m.n. 
investments (UCITS) 169 letter yes yes yes yes yes yes A/140/90 yes 
n.m.n. 
169 letter yes yes yes 
88/220 
(1.10.89) Undertakings for 
collective 
Investments (UCITS) yes yes yes yes yes yes yes yes yes 
88/357 
(30.12.89/ 
30.6.90) Direct 
insurance A/454/90 yes yes A/561/90 yes yes A/631/90 A/795/90 A/665/90 A/735/90 yes A/939/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
- 202 -
Directive Subject DK UK EL IRL NL 
Employment, social affairs and education 
68/360 Movement and 
(15.7.69) residence of 
workers A/373/86 yes 
n.p.a. 
r.o. yes yes yes yes yes yes yes yes A/382/87 yes 
n.p.a. 
Case 68/89 
75/129 Collective 
(19.2.87) redundancies yes yes yes yes yes yes yes A/45/78 
n.m.n. 
Judgment 
8.6.82 
Case 91/81 
A/102/83 
n.m.n. 
Judgment 
6.11.85 
Case 131/84 yes yes yes yes 
76/207 Equal treatment 
(12.8.78) for men 
and women yes yes yes yes A/144/85 
n.p.i. 
Judgment 
25.10.88 
Case 
312/86 
A/312/84 
n.p.i. 
Judgment 
30.6.88 
Case 
318/86 A/260/85 
n.p.i. 
169 
letter 
(Art. 171) 
A/131/80 
n.p.i. 
Judgment 
8.11.83 
Case 
165/82 yes yes yes yes yes yes 
A/350/89 A/84/82 
n.p.i. n.p.i. 
169 Case 
letter 202/89 
(Art. 171) 
A/445/90 A/143/85 
n.p.i. n.p.i. 
169 letter Case 
202/89 
- 203 -
Directive Subject DK UK EL IRL NL 
77/187 
(16.2.79) Transfers 
of businesses yes yes yes yes yes yes yes A/462/87 
n.p.i. 
r.o. yes yes yes yes 
A/24/82 
n.p.i. 
Judgment 
10.7.86 
Case 
235/84 
79/7 
(22.12.84) Equal treatment 
for men and 
women A/324/87 
n.p.a. 
Case 
229/89 yes yes yes yes yes yes yes yes yes A/434/88 yes 
n.p.a. 
r.o. 
80/987 
(22.10.83) Protection of 
empIoyees i n 
the event of 
the insolvency 
of the employer yes yes yes yes yes yes A/116/86 
n.p.i. 
Judgment 
8.11.90 A/118/85 
n.p.i. 
Judgment 
2.2.89 yes yes yes yes 
Case 53/88 Case 22/87 
A/203/90 
n.p.i. 
169 letter 
(Art. 171) 
80/1107 Protection of 
(4.12.83/ workers -
4.12.84) chemical, 
physical and 
biological agents yes yes yes yes yes yes yes yes yes yes yes yes 
- 204 -
Directive Subject DK UK EL IRL NL 
82/605 
(1.1.86) Protection of 
workers from 
exposure to 
metal Iic lead yes yes yes yes yes yes yes yes yes yes yes yes 
83/477 
(1.1.87) Protection of 
workers from 
exposure to 
asbestos yes yes yes yes yes yes yes yes yes yes yes yes 
86/378 
(30.7.89) Equal treatment 
for men and 
women A/341/90 yes A/342/90 yes yes yes A/343/90 A/344/90 A/387/90 A/345/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter yes 
86/613 
(30.6.89/ 
30.6.91) Equal treatment 
for men and 
women yes yes yes yes yes yes yes yes yes yes yes yes 
88/35 
(1.1.88) Electrical 
equipment for 
use in mines 
susceptible to 
firedamp yes yes A/459/89 A/540/90 A/460/89 yes 
n.m.n. 
169 
letter n.m.n. 
169 
letter n.m.n. 
169 
letter yes A/463/89 
n.m.n. 
169 
letter A/464/89 A/465/89 yes 
n.m.n. n.m.n. 
169 169 
letter letter 
86/188 Protection of 
(4.1.90) workers from noise yes yes A/470/90 yes 
n.m.n. 
169 letter yes yes yes A/680/90 yes 
n.m.n. 
169 letter A/719/90 A/753/90 yes 
n.m.n. n.m.n. 
169 letter 169 letter 
88/364 
(1.1.90) Protection of 
workers from 
specified agents yes A/429/90 yes A/539/90 yes yes yes A/681/90 yes A/780/90 A/754/90 A/892/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
- 205 -
Directive Subject DK UK EL IRL NL 
Environment, consumer protection and nuclear safety 
71/307 Textile 
(29.1.73/ names 
1.7.73) yes yes yes yes yes yes yes yes yes yes yes yes 
72/276 Analysis of 
(18.1.74) textile fibres yes yes yes yes yes yes yes yes yes yes yes yes 
73/44 Analysis of 
(27.8.74) textile fibres yes yes yes yes yes yes yes yes yes yes yes yes 
75/439 Disposal of 
(18.6.77) waste oils A/98/79 
n.m.n. 
Judgment 
2.2.82 
Case 70/81 
A/170/84 
n.m.n. 
Judgment 
14.1.88 
Case 
229/85 
A/108/87 
n.p.a. 
Case 
162/89 yes yes yes yes yes yes yes yes yes yes 
75/440 Surface 
(18.6.77) water A/345/87 A/372/87 yes 
n.p.i. n.p.a. 
Case Case 
290/89 58/89 yes A/349/87 
n.p.i. 
Case 
21/90 
A/653/89 
169 letter yes A/347/87 yes yes yes yes yes 
n.p.i 
r.o. 
- 206 -
Directive Subject B DK UK EL I IRL NL 
75/442 Waste 
(18.7.77) A/102/78 
n.m.n. 
Judgment 
2.2.82 
Case 
69/81 
A/171/84 
n.m.n. 
Judgment 
14.1.88 
Case 
228/85 
A/109/87 
n.p.a. 
Judgment 
13.6.90 
Case 
162/89 
A/71/88 
n.p.a. 
r.o. yes yes yes yes yes yes A/284/87 
n.p.a. 
Judgment 
14.6.90 
Case 48/89 
A/239/88 
n.p.a. 
r.o. yes yes yes A/331/89 
n.p.a. 
r.o. 
A/413/89 
n.p.a. 
r.o. 
76/160 Bathing 
(10.12.77) water yes A/317/89 yes A/400/90 yes yes A/315/87 A/356/87 yes 
n.p.a. 
r.o. n.p.a. 
r.o. n.p.a. 
r.o. yes yes 
n.p. 
r.o. 
76/403 Disposal of 
(9.4.78) PCBs and PCTs A/94/79 
n.m.n. 
Judgment 
2.2.82 
Case 
71/81 
A/172/84 
n.m.n. 
Judgment 
24.1.88 
Case 
230/85 
A/110/87 
n.p.a. 
Judgment 
13.6.90 
Case 
162/89 yes yes yes yes yes yes A/285/87 
n.p.a. 
Judgment 
14.6.90 
Case 
48/89 yes yes yes yes 
- 207 -
Directive Subject DK UK EL IRL NL 
76/464 
(15.3.77) Pollution -
dangerous 
substances 
in the sea A/289/88 yes 
n.p.a. 
r.o. yes yes yes yes yes yes yes yes yes yes 
76/579 
(3.6.80) Health -
ionizing 
radiation yes yes yes yes 
76/768 
(31.12.80) Cosmetics yes yes yes A/371/87 A/390/86 yes 
n.p.a. n.p.i. 
r.o. r.o. A/421/86 A/450/88 yes 
n.p.i. n.p.i. 
Case r.o. 
29/90 yes yes A/207/90 
n.p.a. 
169 letter 
78/176 Waste from 
(22.2.79) the titanium 
dioxide 
industry A/135/79 
n.m.n. 
Judgment 
2.2.82 
Case 68/81 
A/169/84 
n.m.n. 
Judgment 
14.1.88 
Case 227/85 
(Art. 171) 
A/367/90 
n.m.n. 
169 letter 
(Art. 171) yes yes yes yes yes yes yes yes yes yes A/929/90 
n.m.n. 
169 letter 
- 207a -
Directive Subject B DK UK EL IRL NL 
87/102 Consumer credit A/455/90 A/437/90 
n.m.n. n.m.n. 
169 letter 169 letter yes A/567/90 yes yes A/633/90 A/699/90 A/667/90 A/737/90 A/768/90 yes 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
88/314 Indication of A/456/90 yes 
prices of non-food n.m.n. 
products 169 letter yes A/592/90 A/790/90 yes A/700/90 
n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter yes A/769/90 yes 
n.m.n. 
169 letter 
88/315 Indication of A/457/90 yes 
prices of foodstuffs n.m.n. 
(amendment) 169 letter yes A/593/90 A/791/90 A/635/90 A/701/90 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter yes A/770/90 yes 
n.m.n. 
169 letter 
88/378 Safety of toys yes yes A/483/90 yes 
n.m.n. 
169 letter yes yes yes A/703/90 yes 
n.m.n. 
169 letter A/738/90 A/773/90 yes 
n.m.n. n.m.n. 
169 Ietter169 letter 
89/395 Label Iing of 
foodstuffs 
(amendment) A/792/90 
n.m.n. 
169 letter A/774/90 
n.m.n. 
169 letter 
90/121 Cosmetics yes yes yes 
90/207 Analysis of 
cosmetics yes yes yes 
- 208 -
Directive Subject B DK UK EL I IRL NL 
78/319 Toxic and 
(22.3.80) dangerous 
wastes A/169/83 
n.p.i. 
Judgment 
2.12.86 
Case 239/85 
A/111/87 
n.p.a. 
Judgment 
13.6.90 
Case 162/89 yes yes A/81/88 
n.p.a. 
Case 
21/89 yes yes yes A/286/87 
n.p.a. 
Judgment 
14.6.90 
Case 
48/89 yes yes yes yes 
78/659 
(20.7.80) Qua Iity of 
fresh waters yes yes yes yes yes yes yes A/71/85 
n.p.i. 
Judgment 
12.7.88 
Case 322/86 
A/211/90 
n.p.I. 
169 letter 
(Art. 171) yes yes yes yes 
79/76 Analysis 
(27.6.79) of fibres yes yes yes yes yes yes yes yes yes yes yes yes 
79/112 Labelling of 
(22.12.80/ foodstuffs 
22.12.82/ 
22.12.84) yes yes yes j^/idi/îS yes 
n.p.I. 
169 letter yes yes A/101/87 
n.p.a. 
Case 
177/89 
A/243/88 
n.p.a. 
Case 
32/90 yes yes yes yes 
- 209 -
Directive Subject DK UK EL IRL NL 
79/113 
(21.6.80) Construction 
plant -
noise emissions yes yes yes yes yes yes yes yes yes yes yes yes 
79/343 
(3.6.80) Health 
protection -
ionizing 
radiation yes yes yes yes yes yes yes yes yes yes yes 
79/370 
(1.1.80/ 
1.7.80) Dangerous 
substances yes yes yes yes yes yes yes yes yes yes yes yes 
79/409 
(6.4.81) Conservation of 
wild birds A/118/84 
n.p.i. 
Judgment 
8.7.87 
Case 
247/85 A/119/84 
n.p.i. 
Judgment 
17.9.87 
Case 
412/85 
A/222/86 
n.p.i. 
Judgment 
3.7.90 
Case 
288/88 
A/246/87 
n.p.a. 
Case 
57/89 
A/362/87 
n.p.a. 
Case 
57/89 
A/48/89 
n.p.i. 
169 letter 
(Art. 171) yes A/295/88 A/121/84 A/187/87 A/283/88 A/124/84 A/309/87 yes 
n.p.a. n.p.i. n.p.a. n.p.a. n.p.i. n.p.a. 
r.o. Judgment r.o. r.o. Judgment r.o. 
27.4.88 13.10.87 
Case Case 
252/85 262/85 
A/501/87 
n.p.a. 
Case 
157/89 
A/327/87 
n.p.a. 
r.o. A/125/84 A/324/88 
n.p.i. n.p.a. 
Judgment r.o. 
13.10.87 
Case 
236/85 
A/400/85 
n.p.i. 
Judgment 
15.3.90 
Case 
339/87 
- 210 -
Directive Subject B DK UK EL IRL NL 
79/581 Prices of 
(20.6.81) foodstuffs A/306/8? yes 
n.p. i 
r.o. yes yes yes yes yes yes yes yes yes yes 
79/831 Dangerous 
(18.9.81/ substances 
18.9.83) yes A/339/87 
n.p.a. 
Case 
43/90 A/38/84 
n.p.i. 
Judgment 
14.10.87 
Case 
278/85 
A/52/89 
n.p.i. 
169 letter 
(Art. 171) yes yes yes yes yes yes yes yes yes 
79/869 Analysis of 
(11.10.81) surface water A/346/87 A/372/87 
n.p.i. n.p.a. 
Case Case 
290/89 58/89 yes yes A/350/87 yes 
n.p.i. 
Case 
21/90 A/348/87 yes yes yes yes yes 
n.p. i 
r.o. 
79/923 Quality of 
(5.11.81) shellfish 
waters yes yes yes yes yes yes yes yes yes yes yes yes 
80/68 Protection of 
(19.12.81) groundwater A/281/84 
n.p.i. 
Judgment 
17.6.87 
Case 
1/86 
A/291/88 
n.p. 
r.o. 
(Art A/121/86 
n.p.i. 
Case 
131/88 
171) yes A/81/88 
n.p.a. 
Case 
21/89 yes A/354/88 yes 
n.p.a. 
r .o. A/86/86 
n.p.a. 
Case 
360/87 yes yes yes yes 
- 211 -
Directive Subject B DK UK EL I IRL NL 
80/778 Water for 
(17.7.82) human 
consumption A/221/86 A/440/87 
n.p.i. n.p.i. 
Judgment r.o. 
5.7.90 
Case 
42/89 
A/506/87 
n.p.i. 
Case 
42/89 yes A/81/88 A/224/86 A/370/87 
n.p.a. n.p.i. n.p.a. 
Case Case Case 
21/89 287/88 337/89 yes A/363/87 yes 
n.p.a. 
r.o. yes yes yes 
80/779 Air quality 
(18.7.82) yes A/119/86 yes 
n.p.i. 
Case 
361/88 yes A/14/86 
n.p.i. 
Case 
64/90 A/387/87 
n.p.a. 
r.o. yes A/120/86 yes 
n.p.i. 
r.o. yes A/457/86 yes 
n.p.i. 
Case 
190/90 
80/836 
(3.12.82) Health 
protection 
against ionizing 
radiation 
(Euratom) A/481/88 yes 
n.p.i. 
Case 
376/90 A/483/88 yes 
n.p.i. 
r.o. yes yes yes A/225/87 A/486/88 yes 
n.m.n. n.p.i. 
Case r.o. 
246/88 yes yes 
80/1335 
(31.12.82) Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes 
81/75 
(27.2.82) Analysis of 
text I le fibres yes yes yes yes yes yes yes yes yes yes yes yes 
81/957 
(1.7.83) Dangerous 
substances yes yes yes yes yes yes yes yes yes yes yes yes 
81/1051 
(14.6.82) Noise emissions 
of construction 
plant yes yes yes yes yes yes yes yes yes yes yes 
- 212 -
Directive Subject DK UK EL IRL NL 
82/147 
(31.12.82) Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes 
82/176 
(25.3.84) Mercury 
discharges yes yes yes yes yes yes yes yes yes yes yes yes 
82/232 
(1.7.83) Dangerous 
substances yes yes yes yes yes yes yes yes yes yes yes yes 
82/368 
(31.12.83) Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes 
82/434 
(31.12.83) Analysis of 
cosmetics yes yes yes yes yes yes yes yes yes yes yes 
82/501 
(8.1.84) Major-accident 
hazards yes A/219/87 yes 
n.p.i. 
r.o. yes yes yes yes yes yes yes A/457/86 yes 
n.p.i. 
Case 
190/90 
82/883 Waste from the 
(9.12.84) titanium dioxide 
industry yes yes yes yes yes yes yes yes yes yes yes yes 
82/884 Limit value 
(9.12.84) for lead in 
the air 
83/129 Seal pups 
(1.10.83/ 
1.10.85) yes 
yes A/36/88 
n.p.i. 
Case 
59/89 
yes yes 
yes yes 
yes A/510/87 A/350/88 yes 
n.p.i. n.p.a. 
Case 169 letter 
13/90 
yes yes yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes 
- 213 -
Directive Subject DK UK EL IRL NL 
83/191 Cosmetics 
(31.12.84) yes yes yes yes yes yes yes yes yes yes yes yes 
85/349 Tax reliefs - yes 
(26.3.86) small consignments yes yes yes yes yes yes yes yes yes yes yes 
83/206 Noise emissions 
(26.4.84) of aircraft yes yes yes yes yes yes yes yes yes yes yes yes 
83/341 Cosmetics 
(31.12.84) yes yes yes yes yes yes yes yes yes yes yes yes 
83/467 Dangerous 
(1.1.85) substances yes yes yes yes yes yes yes yes yes yes yes yes 
83/496 Cosmetics 
(31.12.84) yes yes yes yes yes yes yes yes yes yes yes yes 
83/513 Cadmium 
(28.9.83) discharges yes yes yes yes A/205/88 yes 
n.p.i. 
r.o. yes A/369/87 yes 
n.p. i. 
Case 70/89 yes yes yes 
A/416/90 
n.p.i. 
169 letter 
(Art. 171) 
83/514 Cosmetics 
(31.12.84) 
83/574 Cosmetics 
(31.12.84) yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes 
- 214 -
Directive Subject DK UK EL IRL NL 
83/623 
(29.11.85) Textile 
names yes yes yes yes yes yes yes yes yes yes yes yes 
84/156 
(12.3.86) Mercury 
discharges yes yes yes yes yes yes yes yes yes yes yes yes 
84/360 
(30.6.87) Air pollution yes yes yes yes yes yes yes yes yes yes yes yes 
84/415 
(31.12.85) Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes 
84/449 
(1.7.85) Dangerous 
substances yes yes yes yes yes yes yes yes yes yes yes yes 
84/450 
(1.10.86) Misleading 
advertising yes yes yes yes yes yes A/54/88 yes 
n.m.n. 
Case 
256/89 yes yes yes 
84/466 
(1.1.86) Radiation 
protection yes yes yes yes yes yes yes A/240/90 yes 
n.m.n. 
169 letter yes yes yes 
84/467 
(5.4.86) Health 
protection A/481/88 yes 
n.p.i. 
r.o. A/483/88 yes 
n.p. i 
r.o. yes yes yes A/233/87 A/486/88 yes 
n.m.n. n.p.I. 
Case r.o. 
246/88 yes yes 
84/491 
(1.4.86) Hexachloro-
cyclohexane 
discharges yes yes yes A/81/88 
n.p.a. 
Case 
21/89 yes A/169/87 yes 
n.p.i. 
r.o. A/129/87 yes 
n.m.n. 
Case 
54/89 yes yes yes 
- 215 -
Directive Subject DK UK EL IRL NL 
84/533 
(26.3.86) Sound power level 
of compressors yes yes yes yes yes yes yes yes yes yes yes yes 
84/534 
(26.3.86) Sound power level 
of tower cranes yes yes yes yes yes yes yes yes yes yes yes yes 
84/535 
(26.3.86) Sound power level 
of welding 
generators yes yes yes yes yes yes yes yes yes yes yes yes 
84/536 
(26.3.86) Sound power level 
of power 
generators yes yes yes yes yes yes yes yes yes yes yes yes 
84/537 Sound power level yes 
(26.3.86) of powered hand-held 
concrete-breakers 
and picks yes yes yes yes yes yes yes yes yes yes 
84/538 
(1.7.87) Sound power 
level of 
I awnmowers yes yes yes yes yes yes A/388/90 
n.m.n. 
169 letter yes yes yes yes 
84/631 
(1.10.85) Transfrontier 
shipment of 
hazardous waste A/71/88 
n.p.a. 
Case 
2/90 A/85/88 yes 
n.p.a. 
r.o. A/495/90 yes yes 
n.p.a. 
169 letter yes yes yes yes A/76/89 
n.p.a. 
r.o. 
- 216 -
Directive Subject DK UK EL IRL NL 
85/203 
(1.1.87) Air quaiity 
standards for 
nitrogen dioxide yes yes yes yes A/511/87 yes 
n.p. i. 
Case 
14/90 yes yes yes yes yes yes 
85/210 
(1.1.86) Lead content 
of petrol A/565/87 
n.p.i. 
r.o. yes yes yes yes yes yes yes yes yes yes yes 
85/337 The effects of 
(1.7.88) public and 
private projects 
on the environment yes yes yes yes yes yes A/363/89 yes 
n.m.n. 
r.o. yes yes yes A/124/90 
n.m.n. 
169 letter 
85/339 
(3.7.87) Containers of 
liquids for 
human 
consumption A/330/87 
n.p.a. 
Case 
330/89 yes yes A/337/87 A/332/87 yes yes yes yes 
n.p.a. 
r.o. n.p.a. 
r.o. A/334/87 yes 
n.p.a. 
Case 
252/89 
A/157/88 
n.m.n. 
Case 
252/89 A/338/87 
n.p.a. 
r.o. 
85/391 
(31.12.86) Cosmeti cs yes yes yes yes yes yes yes yes yes yes yes yes 
85/405 Noise emission 
(25.3.86) of construction 
plant and 
equipment yes yes yes yes yes yes yes yes yes yes yes 
85/406 Sound power 
(36.3.86) level of 
compressors yes yes yes yes yes yes yes yes yes yes yes 
- 217 -
Directive Subject DK UK EL IRL NL 
85/407 
(26.3.86) Sound power 
level of 
welding 
generators yes yes yes yes yes yes yes yes yes yes yes 
85/408 
(26.3.86) Sound power 
level of 
power 
generators yes yes yes yes yes yes yes yes yes yes yes 
85/409 Sound power level yes 
(26.3.86) of powered hand-held 
concrete-breakers 
and picks yes yes yes yes yes yes yes yes yes yes 
85/411 
(31.7.86) Conservation of 
wild birds yes yes yes A/295/88 yes 
n.p.a. 
r.o. yes yes yes yes yes yes A/324/88 
n.p.a. 
r.o. 
85/444 Seal pups 
(1.10.89) yes yes yes yes A/371/90 yes 
n.m.n. 
r.o. yes yes yes 
85/469 Transfrontier 
(1.10.85) shipment of 
hazardous waste yes yes yes yes yes A/374/87 yes 
n.p.i. 
r.o. yes yes 
85/490 Cosmetics 
(31.12.86) yes yes yes yes yes yes yes yes yes yes yes yes 
85/577 ÇotiTtLkcTs 
(23.12.87) rx££^OCLcxt^ct 
CLMJO-M 
86/179 CosmetIcs 
(31.12.86) A/490/88 yes 
n.m.n. 
r.o. 
yes yes yes 
yes h/S&(3o 
n.m.n 
AC$. LUZcr 
yes yes 
yes yes Nl^fid. 
yes yes yes 
yes yes 
yes yes 
yes yes 
yes yes 
yes 
- 218 -
Directive Subject DK UK EL IRL NL 
86/197 Labelling of 
(1.8.88) foodstuffs yes yes yes yes A/50/89 yes 
n.m.n. 
r.o. yes yes yes yes yes A/945/90 
n.m.n. 
169 letter 
86/199 
(31.12.86) Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes 
86/278 Sewage sludge A/230/90 yes yes yes yes yes yes yes yes yes A/285/90 A/934/90 
(16.6.89) used in n.m.n. n.m.n. n.m.n. 
agriculture 169 letter 169 letter 169 letter 
86/279 
(1.1.87) Transfrontier 
shipment of 
hazardous waste yes yes yes yes yes yes yes yes yes yes yes 
86/280 
(1.1.88) Discharges of 
dangerous 
substances yes yes yes yes yes yes A/529/88 yes 
n.m.n. 
r.o. yes yes yes yes 
86/431 
(1.7.87) Dangerous 
substances yes yes yes yes yes yes yes yes yes yes yes 
86/594 
(4.12.89) Household 
appllances -
airborne noise yes yes yes yes yes yes yes 
86/609 
(24.11.89) Protection 
of animals yes yes yes yes A/785/90 A/624/90 A/693/90 yes A/730/90 yes 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letteF 169 letter 169 letter A/932/90 
n.m.n. 
169 letter 
86/662 Noise emitted 
(29.12.88) by hydraulic 
excavators A/659/89 yes 
n.m.n. 
r.o. yes yes yes yes A/103/90 A/63/90 yes 
n.m.n. n.m.n. 
169 letter 169 letter A/477/89 yes 
n.m.n. 
r.o. yes 
- 219 -
Directive Subject DK UK EL IRL NL 
87/18 
(30.6.88) Chemical 
substances -
verification yes A/258/89 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes A/935/90 
n.m.n. 
169 letter 
87/112 
(1.1.87) Transfrontier 
shipment of 
hazardous waste yes yes yes yes yes yes yes yes yes yes yes yes 
87/137 
(31.12.87) Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes 
87/140 
(1.9.88) Textile 
names yes yes yes yes yes yes yes A/430/89 yes 
n.m.n. 
r.o. A/257/89 yes 
n.m.n. 
169 letter yes 
87/143 
(1.7.88) Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes 
87/184 
(1.7.88) Textile 
names yes yes yes yes yes yes yes A/431/89 yes 
n.m.n. 
r.o. A/249/89 yes 
n.m.n. 
169 letter yes 
87/216 Major-accident 
(24.9.88) hazards yes yes yes A/423/89 yes 
n.m.n. 
r.o. yes yes yes yes yes yes yes 
87/217 Environmental 
(31.12.88) pollution by 
asbestos yes yes yes yes yes yes A/582/89 A/65/90 
n.m.n. n.m.n. 
169 169 
letter letter yes yes yes yes 
87/219 Sulphur content 
(31.12.88) of liquid fuels yes yes yes yes yes yes A/340/90 yes 
n.m.n. 
169 
letter yes yes yes yes 
220 -
Directive Subject DK UK EL I IRL NL 
87/252 
(1.1.88) Sound power 
level of 
I ownmowers A/431/88 yes 
n.m.n, 
r.o. yes, yes yes yes A/531/88 A/205/89 yes 
n.m.n. n.m.n. 
r.o. r.o. yes yes yes 
87/357 
(26.6.89) Health and 
safety of 
consumers yes NWljSO A/484/90 yes 
4£3 Ittker 169 letter yes yes yes A/698/90 A/668/90 A/739/90 yes 
n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter yes 
87/405 
(26.6.89) Sound power 
level of 
tower cranes A/324/90 A/433/90 yes 
n.m.n. n.m.n. 
169 letter 169 letter yes yes yes yes A/370/90 yes 
n.m.n. 
169 letter yes yes yes 
87/416 
(29.7.87) Lead content 
of petrol yes yes yes yes yes 
87/432 
(1.4.88/ 
1.10.88) Dangerous 
substances yes yes yes yes yes yes yes yes yes yes yes yes 
88/233 
(30.9.88) Cosmetics yes yes yes yes yes yes yes yes A/252/89 yes 
n.m.n. 
169 letter yes yes 
88/347 Dangerous 
(1.1.89/ substances 
1.1.90) A/444/89 yes 
n.m.n. 
169 letter yes yes yes yes A/583/89 A/128/90 yes 
n.m.n. n.m.n. 
169 letter 169 letter yes yes yes 
88/378 Dangerous 
(30.6.89) preparations yes yes A/483/90 yes 
n.m.n. 
169 letter yes yes yes A/703/90 yes 
n.m.n. 
169 letter A/738/90 A/773/90 yes 
n.m.n. n.m.n. 
169 letter 169 letter 
88/667 Cosmetics 
(31.12.89) A/458/90 yes 
n.m.n. 
169 letter yes yes A/594/90 yes 
n.m.n. 
169 letter A/636/90 A/702/90 
n.m.n. n.m.n. 
169 letter 169 letter yes A/7T1/90 A/947/90 
n.m.n. n.m.n. 
169 letter 169 letter 
- 221 -
Directive Subject B DK UK EL IRL NL 
89/174 Cosmetics 
(31.12.89) A/459/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes A/712/90 yes 
n.m.n. 
169 letter yes A/917/90 
n.m.n. 
169 letter 
89/428 Titanium 
(31.12.89) dioxide 
waste yes yes yes yes A/623/90 A/692/90 yes 
n.m.n. n.m.n. 
169 letter 169 letter yes A/763/90 
n.m.n. 
169 letter yes 
88/490 Packaging of 
(1.7.90) dangerous 
substances yes A/435/90 A/476/90 A/554/90 A/588/90 A/788/90 yes A/696/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter yes yes A/765/90 
n.m.n. 
169 letter yes 
88/609 Emissions of 
(30.6.90) pollutants yes yes yes yes A/587/90 A/784/90 A/622/90 yes A/657/90 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter yes A/762/90 A/931/90 
n.m.n. n.m.n. 
169 letter 169 letter 
88/610 
(1.6.90) Major-accident 
hazards yes yes yes A/552/90 yes 
n.m.n. 
169 letter A/789/90 A/628/90 yes 
n.m.n. n.m.n. 
169 letter 169 letter A/662/90 A/732/90 
n.m.n. n.m.n. 
169 letter 169 letter yes yes 
89/514 
(1.1.90) Noise emitted by 
hydraulic 
excavators yes yes A/475/90 yes yes A/787/90 A/627/90 A/695/90 A/661/90 A/731/90 yes A/933/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
- 222 -
Directive Subject DK UK EL IRL NL 
Agriculture 
64/432 Animal 
(30.6.65) health A/484/85 yes 
n.p.a. 
r.o. yes yes yes yes yes yes yes yes yes yes 
64/433 Fresh meat 
(1.1.81) A/484/85 
n.p.a. 
Case 
304/88 yes yes yes yes yes yes A/314/88 yes 
n.p.a. 
r.o. yes yes yes 
65/277 Intra-Community 
(30.6.65) trade yes yes yes yes yes yes yes yes yes yes yes yes 
66/400 Beet seed 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes yes 
66/401 Fodder pi ont 
(31.12.85) seed yes yes yes yes A/456/87 yes 
n.p.a. 
r.o. yes yes yes yes yes A/893/90 
n.m.n. 
169 letter 
66/402 Cereal seed 
(31.12.85) yes yes yes yes A/82/88 yes 
n.p.a. 
r.o. yes yes yes yes yes yes 
66/403 Seed potatoes 
(13.12.85) yes yes yes yes yes yes yes yes yes yes yes yes 
66/404 Forest 
(31.12.85) reproductive 
material yes yes yes yes yes yes yes yes yes yes yes yes 
66/600 Intro-Community 
(26.6.67) trade in animals yes yes yes yes yes yes yes yes yes yes yes yes 
- 223 -
Directive Subject B D DK E F UK EL I IRL L NL P 
66/601 Intro-Community yes yes yes yes yes yes yes yes yes yes yes yes 
(26.6.67) trade in meat 
68/89 Classification yes yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) of untreated wood 
68/193 Material for the yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) vegetative 
propagation of 
the vine 
69/60 Cereal seed yes yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) 
69/61 Beet seed yes yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) 
69/62 Seed potatoes yes yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) 
69/63 Fodder plant yes yes yes yes yes yes yes yes yes yes yes A/894/90 
(31.12.85) seed n.m.n. 
169 letter 
69/208 Oil plant yes yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) seed 
69/349 Intra-Community yes yes yes yes yes yes yes yes yes yes yes yes 
(1.10.70) trade in meat * 
69/464 Potato wart yes yes yes yes yes yes yes yes yes yes yes yes 
(9.12.71) disease 
- 224 -
Directive Subject DK UK EL IRL NL 
69/465 
(9.12.71) Potato cyst 
eel worm yes yes yes yes yes yes yes yes yes yes yes yes 
70/457 
(1.7.72) Agricultural 
plant 
catalogue yes yes yes yes yes yes yes yes yes yes yes yes 
70/458 
(31.12.85) Vegetable seed yes yes yes yes yes yes yes yes yes yes yes yes 
70/524 
(25.11.72) Additives in 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
71/118 
(18.2.73) Fresh 
poultrymeat yes yes yes yes yes yes A/129/88 yes 
n.p.a. 
Case 
375/90 yes yes yes A/867/90 
n.m.n. 
169 letter 
71/140 
(31.12.85) Material for 
the vegetative 
propagation of 
the vine yes yes yes yes yes yes yes yes yes yes yes yes 
71/161 
(31.12.85) Forest 
reproductive 
material yes yes yes yes yes yes yes yes yes yes yes yes 
71/162 
(31.12.85) Seed yes yes yes yes yes yes yes yes yes yes yes yes 
71/285 
(23.7.72) Intra-Community 
trade in animals yes yes yes yes yes yes yes yes yes yes yes yes 
- 225 -
Directive Subject B D DK E F UK EL I IRL L NL P 
72/159 Modernization yes yes yes yes yes yes yes A/335/88 yes yes yes yes 
(19.4.73) of farms n.p.a. 
Case 
169/90 
72/168 Vegetable yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) varieties 
72/169 Vine yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) varieties 
72/180^" Agricultural yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) plant varieties 
- 226 -
Directive Subject B D DK E F UK EL I IRL L NL P 
72/274 Seed yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) 
72/275 Control of yes yes yes yes yes yes yes yes yes yes yes yes 
(26.7.72) feedingstuffs 
72/461 Intra-Community yes yes yes yes yes yes yes yes yes yes yes yes 
(1.1.74) trade in meat 
72/462 Importation yes yes yes yes yes yes yes yes yes yes yes yes 
(1.10.73/ of animals 
1.1.76/ 
1.1.77) 
73/47 Control of yes yes yes yes yes yes yes yes yes yes yes yes 
(1.1.73) feedingstuffs 
73/418 Seed yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) 
73/438 Seed yes yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) 
74/13 Forest yes yes yes yes yes yes yes yes yes yes yes 
(31.12.85) reproduction 
material 
74/63 Undesirable yes yes yes yes yes yes yes yes yes yes yes yes 
(1.1.76) substances -
feedingstuffs 
- 227 -
Directive Subject DK UK EL IRL NL 
74/268 
(1.1.76) 'Avena fatua* yes yes yes yes yes yes yes yes yes yes yes yes 
74/577 
(1.7.75) Slaughter of 
anima I s yes yes yes yes yes yes yes yes yes yes yes yes 
74/647 
(10.12.75) Carnation 
leaf-rollers yes yes yes yes yes yes yes yes yes yes yes yes 
74/649 
(31.12.85) Material for 
the vegetative 
propagation of 
the vine yes yes yes yes yes yes yes yes yes yes yes 
75/431 
(1.1.77) Trade in fresh 
poultry meat yes yes yes A/976/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes A/868/90 
n.m.n. 
169 letter 
75/444 Seed 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes yes 
75/502 Seed of 
(31.12.85) smooth-stalk 
meadowgras8 yes yes yes yes yes yes yes yes yes yes yes 
76/331 Beet seed 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes 
76/895 Pesticide 
(26.11.78) residues - fruit 
and vegetables yes yes yes yes yes yes yes yes yes yes yes yes 
77/93 Harmful organisms 
(1.5.80) yes yes yes yes yes yes yes A/323/87 yes 
n.p.a. 
Judgment 
18.7.90 
Case 
128/89 yes yes yes 
- 228 -
Directive Subject DK UK EL IRL NL 
77/96 
(1.1.79) Examination for 
trichinae yes yes yes yes yes yes yes yes yes yes yes yes 
77/98 
(1.1.77/ 
1.1.78) Veterinary 
problems yes yes yes yes yes yes yes yes yes yes yes 
77/99 
(1.1.81) Health problems yes yes yes yes yes yes yes yes yes yes yes yes 
77/101 
(1.1.81) Straight 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes 
77/489 
(1.8.78) Protection of 
animals during 
international 
transport yes yes yes yes yes yes yes yes yes yes yes yes 
77/504 Pure-bred breeding 
(1.1.79) animals of the 
bovine species yes A/143/86 yes 
n.p.a. 
r.o. yes yes yes yes yes A/449/88 yes 
n.p.a. 
r.o. yes yes 
77/629 
(31.12.86) Material for the 
vegetative propa­
gation of the vine yes yes yes yes yes yes yes yes yes yes yes yes 
78/50 
(30.9.77/ 
30.6.78) Trade in fresh 
poultrymeat yes yes yes yes yes yes yes yes yes yes yes A/869/90 
n.m.n. 
169 letter 
78/55 
(31.12.90) Seed yes yes yes yes yes yes yes yes yes yes yes A/877/90 
n.m.n. 
169 letter 
- 229 
Directive Subject B DK UK EL IRL NL 
78/386 Fodder plant seed yes 
(31.12.85) yes yes yes yes yes yes yes yes yes yes A/805/90 
n.m.n. 
169 letter 
78/387 Cereal seed 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes yes 
78/388 Oil plant seed 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes 
78/511 'Avena fatua* 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes yes 
78/692 Seed 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes yes 
79/109 Brucellosis 
(1.4.79) yes yes yes yes yes yes yes A/316/84 yes 
n.m.n. 
Judgment 
3.9.88 
Case 
116/86 
A/463/88 
n.m.n. 
r.o. 
(Art. 171) yes yes yes 
79/268 Pure-bred breeding yes 
(1.1.79) onimals of the 
bovine species yes yes yes yes yes yes yes yes yes yes yes 
79/372 
(1.1.81) Straight 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
79/373 
(1.1.81) Compound 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
- 230 -
Directive Subject DK UK EL IRL NL 
79/641 Seed 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes 
79/692 Seed 
(31.12.85) yes yes yes yes yes yes yes yes yes yes yes yes 
79/700 Pesticide residues - yes 
(31.12.80) fruit and vegetables yes yes yes yes yes yes yes yes yes yes yes 
79/797 Straight 
(1.1.81) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
80/213 Health problems - yes 
(31.12.80) fresh meat yes yes yes yes yes yes yes yes yes yes A/870/90 
n.m.n. 
169 letter 
80/214 Health problems 
(31.12.80) meat products yes yes yes yes yes yes yes yes yes yes yes yes 
80/215 Health problems 
(31.12.80) meat products yes yes yes yes yes yes yes yes yes yes yes yes 
80/216 Health problems 
(31.12.90) poultrymeat yes yes yes yes yes yes yes yes yes yes yes A/911/90 
n.m.n. 
169 letter 
80/219 Tuberculosis and yes 
(31.12.80) brucellosis yes yes yes yes yes yes A/256/83 
n.m.n. 
Judgment 
29.1.87 
Case 
364/85 yes yes yes yes 
- 231 -
Directive Subject DK UK EL I IRL NL 
80/219 (continued) A/453/88 
n.m.n. 
r.o. 
(Art. 171) 
80/304 
(31.12.85) OiI plant seed yes yes yes yes yes yes yes yes yes yes yes yes 
80/428 Pesticide residues - yes 
(31.3.81) fruit and vegetables yes yes yes yes yes yes yes yes yes yes yes 
80/502 
(1.7.81) Undesirable 
products yes yes yes yes yes yes yes yes yes yes yes yes 
80/509 
(1.1.81) Compound 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
80/510 
(1.1.81) Straight ^ 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
80/511 Compound feeding- yes 
(1.1.81) stuffs in packages yes yes yes yes yes yes yes yes yes yes yes 
80/665 
(1.3.81) Potato ring rot yes yes yes yes yes yes yes yes yes yes yes yes 
80/695 
(1.1.81) Compound 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
80/754 
(31.12.85) Fodder plant seed yes yes yes yes yes yes yes yes yes yes yes A/818/90 
n.m.n. 
169 letter 
- 232 -
Directive Subject DK UK EL IRL NL 
80/879 
(1.1.81) Marking of large 
packagings of 
poultrymeat yes yes yes yes yes yes yes yes yes yes yes A/912/90 
n.m.n. 
169 letter 
80/1098 
(1.7.81) Swine vesicular 
disease and swine 
fever yes yes yes yes yes yes yes A/258/83 
n.m.n. 
Judgment 
29.1.87 
Case 
364/85 
A/454/88 
n.m.n. 
r.o. 
(Art. 171) yes yes yes yes 
80/1099 
(1.7.81) Swine vesicular 
disease and 
swine fever yes yes yes yes yes yes yes A/259/83 
n.m.n. 
Judgment 
10.3.87 
Case 
386/85 
A/456/88 
n.m.n. 
r.o. 
(Art. 171) yes yes yes yes 
80/1100 
(1.7.81) Swine vesicular 
disease and 
swine fever yes yes yes A/541/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes A/872/90 
n.m.n. 
169 letter 
80/1102 
(1.1.81) Enzootic bovine 
leukosis yes yes yes yes yes yes yes yes yes yes yes yes 
81/36 
(1.1.82) Pesticide 
residues - fruit 
and vegetables yes yes yes yes yes yes yes yes yes yes yes yes 
- 233 -
Directive Subject DK UK EL IRL NL 
81/389 
(23.8.83) Protection of 
animals during 
international 
transport yes yes yes yes yes yes yes yes yes yes yes yes 
81/602 
(3.11.81) Substances having 
a hormonal or 
thyrostatic effect yes yes yes yes yes yes yes yes yes yes yes yes 
82/287 
(1.1.82/ 
1.1.83) Seed yes yes yes yes yes yes yes yes yes yes yes A/819/90 
n.m.n. 
169 letter 
82/331 
(1.7.82) Propagation of 
vine yes yes yes yes yes yes yes yes yes yes yes yes 
82/400 Eradication of 
brucellosis yes yes yes yes yes yes yes yes A/200/87 yes 
n.p.a. 
r.o. yes yes 
82/475 Compound feeding- yes 
(1.1.85) stuffs for pet 
animals yes yes yes yes yes yes yes yes yes yes yes 
82/528 Pesticide residues yes 
(1.7.84) yes yes yes yes yes yes yes yes yes yes yes 
82/859 Oil plant seed yes 
(1.7.83) yes yes yes yes yes yes yes yes yes yes yes 
82/894 Animal diseases yes 
(31.12.90) yes yes yes yes yes yes yes yes yes yes A/913/90 
n.m.n. 
169 letter 
82/937 Straight 
(1.7.83/ feedingstuffs 
(1.1.85) yes yes yes yes yes yes yes yes yes yes yes yes 
- 234 -
Directive Subject DK UK EL IRL NL 
82/957 Compound 
(1.1.85) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
83/90 Health problems -
(1.1.85) fresh meat yes yes yes yes yes yes yes yes yes yes yes yes 
83/91 Fresh meat 
(1.1.85) yes yes yes yes yes yes yes A/349/85 
n.m.n. 
Judgment 
27.4.89 
Case 324/87 yes yes yes yes 
A/958/90 
n.m.n. 
169 letter 
(Art. 171) 
83/131 Plant protection 
(1.10.84) products yes yes yes yes yes yes yes yes yes yes yes yes 
83/201 Percentage of meat yes 
(1.1.84) yes yes yes yes yes yes yes yes yes yes A/874/90 
n.m.n. 
169 letter 
84/319 Trichinae 
(1.1.85) yes yes yes yes yes yes yes yes yes yes yes yes 
84/378 Organisms harmful 
(1.7.85) to plants yes yes yes yes yes yes yes yes yes yes yes yes 
84/587 Additives in 
(4.12.86/ feedingstuffs 
4.12.88) yes yes yes yes yes yes yes A/559/87 
n.m.n. 
Case 
263/89 yes yes yes yes 
- 235 -
Directive Subject DK UK EL IRL NL 
84/643 Foot-and-mouth 
(31.12.84) disease yes yes yes yes yes yes yes yes yes yes yes yes 
84/644 Brucellosis 
(30.8.85) yes yes yes yes yes yes yes yes yes yes yes yes 
84/645 Swine fever 
(31.3.85) yes yes yes yes yes yes yes A/352/85 yes 
n.m.n. 
Case 
329/87 yes yes yes 
85/38 Fodder plant seed yes 
(1.1.86) yes yes yes yes yes yes yes yes yes yes A/901/90 
n.m.n. 
169 letter 
85/320 Swine fever 
(1.1.86) yes yes yes yes yes yes yes yes yes yes yes yes 
85/321 Swine fever 
(1.1.86) yes yes yes A/542/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes A/871/90 
n.m.n. 
169 letter 
85/322 Swine fever 
(1.1.86) yes yes yes yes yes yes yes A/321/86 yes 
n.m.n. 
Case 
349/89 yes yes yes 
85/325 Fresh meat 
(1.1.86) yes yes yes yes yes yes yes A/323/86 yes 
n.m.n. 
Case 
349/89 yes yes yes 
- 236 -
Directive Subject DK UK EL IRL NL 
85/326 Fresh poultrymeat yes 
(1.1.86) yes yes yes yes yes yes yes yes yes yes A/878/90 
n.m.n. 
169 letter 
85/327 Meat products 
(1.1.86) yes yes yes yes yes yes yes yes yes yes yes A/879/90 
n.m.n. 
169 letter 
85/328 
(1.1.86) Meat products yes yes yes yes yes yes yes yes yes yes yes yes 
85/358 Substances having 
(1.1.87) a hormonal action yes yes yes yes yes yes yes yes yes yes yes A/952/90 
n.m.n. 
169 letter 
85/397 Heat-treated 
(1.1.89) milk yes yes yes A/477/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes A/914/90 
n.m.n. 
169 letter 
85/429 Additives in 
(3.12.86) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
85/509 Feedingstuffs 
(30.6.86) yes yes yes yes yes yes yes yes yes yes yes yes 
85/511 Foot-and-mouth 
(1.1.87) disease yes yes yes yes yes yes yes yes yes yes yes A/889/90 
n.m.n. 
169 letter 
85/520 Additives in 
(3.12.86) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
- 237 -
Directive Subject DK UK EL IRL NL 
85/574 Harmful organisms 
(1.1.87) yes yes yes yes yes yes yes yes yes yes yes yes 
85/586 Veterinary field 
(1.1.86) yes yes yes yes yes yes yes yes yes yes yes A/880/90 
n.m.n. 
169 letter 
86/29 Additives in 
(2.12.86) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
86/109 Fodder plant seed 
(1.7.87) yes yes yes yes yes yes yes yes yes yes yes A/902/90 
n.m.n. 
169 letter 
86/155 Seed and plants 
(1.3.86/ 
1.7.87) yes yes yes yes yes yes yes yes yes yes yes 
86/174 Compound 
(30.6.87) poultryfeed yes yes yes yes yes yes yes yes yes yes yes yes 
86/267 Vine varieties 
(1.1.87) yes yes yes yes yes yes yes yes yes yes yes yes 
86/299 Undesirable 
(31.12.87) products yes yes yes yes yes yes yes A/516/89 yes 
n.m.n. 
r .o. yes yes yes 
86/300 Additives in 
(31.12.87) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
- 238 -
Directive Subject DK UK EL IRL NL 
86/320 Cereal seed 
(1.7.87) yes yes yes yes yes yes yes yes yes yes yes 
86/354 Feedingstuffs 
(3.12.88) yes yes yes yes yes yes yes yes yes yes yes yes 
86/355 Plant protection yes 
(1.7.87) products yes yes yes yes yes yes yes yes yes yes yes 
86/362 Pesticide residues yes 
(30.6.88) in and on cereals yes yes yes yes yes yes A/434/89 yes 
n.m.n, 
r.o. yes yes yes 
86/363 Pesticide residues yes 
(30.6.88) in and on foodstuffs 
of animal origin yes yes yes yes yes yes A/435/89 yes 
n.m.n. 
r.o. yes yes A/904/90 
n.m.n. 
169 letter 
86/403 Additives in 
(3.12.86) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
86/469 Residues in yes 
(1.4.87) animals and meat yes yes yes yes yes yes yes yes yes yes yes 
86/525 Additives in 
(30.11.87) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
86/530 Products used in yes 
(30.6.88) animal nutrition yes yes yes yes yes yes yes yes yes yes yes 
- 239 -
Directive Subject DK UK EL IRL NL 
86/546 
(1.1.87) Harmful organisms yes yes yes yes yes yes yes yes yes yes yes yes 
86/587 Health problems -
(30.4.87) fresh meat yes yes yes yes yes yes yes A/151/88 yes 
n.m.n. 
Case 262/89 yes yes A/882/90 
n.m.n. 
169 letter 
86/651 
(1.3.87) Harmful organisms yes yes yes yes yes yes yes yes yes yes yes yes 
87/64 
(1.1.88) Health problems 
fresh meat yes yes yes yes yes yes yes yes yes yes yes yes 
87/120 
(1.6.88) Marketing of 
vegetable seed A/279/89 yes 
n.m.n. 
r.o. yes yes A/281/89 yes 
n.m.n. 
r.o. yes yes yes A/284/89 yes 
n.m.n. 
r.o. yes 
87/153 
(31.12.87) Additives in 
animal nutrition yes yes yes yes yes yes yes yes yes yes yes yes 
87/181 
(1.1.88) Plant protection 
products yes yes yes yes yes yes yes yes yes yes yes yes 
87/234 
(30.11.87) Straight 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
87/235 
(30.11.87) Compound 
feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
- 240 
Directive Subject B DK UK EL I IRL NL 
87/238 Undesirable products yes 
(3.12.88) yes yes yes yes yes yes A/268/89 yes 
n.m.n. 
r.o. yes yes yes 
87/298 Harmful organisms yes 
(1.7.87) yes yes yes yes yes yes yes yes yes yes yes 
87/316 Additives in 
(30.11.87) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
87/317 Additives in 
(30.11.87) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
87/328 Pure-bred breeding yes 
(1.1.89) animals - bovine 
species yes yes yes yes yes A/508/89 yes 
n.m.n. 
r.o. A/449/88 yes 
n.p.a. 
r.o. 
A/493/89 
n.m.n. 
r.o. A/500/89 yes 
n.m.n. 
r.o. 
90/120 A/448/90 yes yes yes yes A/781/90 A/619/90 A/689/90 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter A/727/90 A/759/90 A/925/90 
n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 
87/477 
(1.1.88) Plant protection 
products yes yes yes yes yes yes yes yes yes yes yes yes 
87/481 Vegetable seed yes yes yes yes yes yes yes A/685/90 A/649/90 A/725/90 A/755/90 
(1.7.89) n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 
- 241 -
Directive Subject DK UK EL IRL NL 
87/486 Swine fever 
(31.12.87) A/502/88 yes 
n.m.n. 
r.o. yes yes yes yes yes A/499/88 yes 
n.m.n. 
r.o. yes yes yes 
87/489 Swine fever 
(31.12.89) A/513/89 yes yes 
n.m.n. 
r.o. yes yes yes yes A/497/89 yes 
n.m.n. 
r.o. yes yes yes 
87/491 Meat products 
(1.1.88) yes yes yes yes yes yes yes A/542/88 yes 
n.m.n. 
r.o. yes yes A/827/90 
n.m.n. 
169 letter 
87/552 Additives in 
(30.11.88) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
88/95 Beet seed 
(1.7.88) yes yes yes yes A/287/89 yes 
n.m.n. 
r.o. yes yes yes A/290/89 yes 
n.m.n. 
r.o. yes 
88/146 Prohibited yes 
(31.12.88) substances having a 
hormonal action yes yes yes yes yes yes yes yes yes yes yes 
88/166 Protection of 
(1.7.87) laying hens kept 
in battery cages yes yes yes yes yes yes yes yes yes yes yes yes 
88/228 Additives in 
(15.5.88) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
- 242 -
Directive Subject B DK UK EL IRL NL 
88/271 Harmful organisms yes 
(1.1.89/ 
31.3.89) yes yes yes A/483/89 yes 
n.m.n. 
169 letter A/486/89 yes yes 
n.m.n. 
r.o. yes yes yes 
88/288 
(1.1.89) Trade in fresh 
meat A/515/89 yes 
n.m.n. 
r.o. yes yes yes A/490/89 A/510/89 A/498/89 yes 
n.m.n. 
r.o n.m.n. 
r.o. n.m.n. 
r.o. yes yes yes 
88/289 
(1.1.89) Importation of 
bovine animals 
and swine A/516/89 yes 
n.m.n. 
r.o. yes yes yes yes yes A/499/89 yes 
n.m.n. 
r.o. yes yes yes 
88/298 
(1.7.88) Pesticide residues yes yes yes yes yes yes yes A/436/89 yes 
n.m.n. 
r.o. yes yes yes 
88/299 Substances having 
(31.12.88) a hormonal action 
trade in animals yes A/962/90 yes 
n.m.n. 
169 letter yes A/963/90 yes A/964/90 yes yes A/965/90 A/830/90 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 
88/406 Enzootic bovine 
(1.9.88) leukosis yes yes yes yes yes yes yes A/271/89 yes 
n.m.n. 
r.o. yes yes yes 
88/430 Harmful organisms yes 
(1.1.89) yes yes yes A/484/89 yes 
n.m.n. 
169 letter A/487/89 yes yes 
n.m.n, 
r.o. yes yes yes 
89/227 Meat products A/447/90 A/430/90 yes 
n.m.n. n.m.n. 
169 letter 169 letter A/544/90 A/580/90 A/780/90 A/618/90 A/687/90 A/653/90 A/726/90 A/758/90 yes 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
- 243 -
Directive Subject DK UK EL IRL NL 
88/483 Additives in 
(30.6.89) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
88/485 Animal nutrition 
(30.6.89) A/229/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes yes yes yes 
88/572 Harmful organisms 
(1.1.89) yes yes yes yes A/485/89 yes 
n.m.n. 
169 letter A/488/89 yes 
n.m.n. 
r.o. yes yes yes yes 
88/616 Additives In 
(30.6.89) feedingstuffs yes yes yes yes yes yes yes yes yes yes yes yes 
88/658 Trade in meat 
(31.12.90) products yes yes 
89/186 Pesticide 
(1.8.89) residues - fruit 
and vegetables A/315/90 yes 
n.m.n. 
169 letter yes yes yes yes yes A/316/90 yes 
n.m.n. 
169 letter yes yes yes 
89/321 Trichinae 
(1.9.89) A/220/90 yes 
n.m.n. 
169 letter yes yes yes yes yes A/248/90 yes 
n.m.n. 
169 letter yes yes yes 
89/360 Testing of 
(1.10.89) brucellosis yes yes yes yes yes yes yes A/819/90 yes 
n.m.n. 
169 letter yes yes A/923/90 
n.m.n. 
169 letter 
- 244 -
Directive Subject DK UK EL IRL NL 
89/365 Plant protection 
(31.12.89) products yes yes yes yes yes yes yes yes yes yes yes yes 
89/100 Fodder plant seed 
(1.1.90) yes yes yes yes A/577/90 yes A/615/90 A/682/90 A/652/90 A/722/90 A/757/90 A/907/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
89/439 Harmful organisms yes 
(1.1.90) yes yes yes A/578/90 A/778/90 A/616/90 A/683/90 yes 
n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter yes yes A/908/90 
n.m.n. 
169 letter 
88/407 Health problems 
(1.1.90) A/446/90 yes yes yes A/579/90 A/779/90 A/617/90 A/684/90 A/652/90 A/724/90 yes A/922/90 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
89/362 Hygiene 
(31.12.90) yes yes yes A/545/90 
n.m.n. 
169 letter yes yes yes A/688/90 yes 
n.m.n. 
169 letter yes yes A/924/90 
n.m.n. 
169 letter 
89/384 Freezing point of 
(31.12.90) untreated milk yes yes yes yes yes yes yes 
89/14 Vegetable seed 
(31.12.90) yes yes yes yes A/584/90 yes A/614/90 A/686/90 A/650/90 A/721/90 A/756/90 yes 
n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
- 244o -
Directive Subject DK UK EL IRL NL 
Transport 
74/561 Admission to the 
(31.12.76) occupation of road 
haulage operator yes yes yes yes yes yes yes A/85/79 
n.m.n. 
Judgment 
10.11.81 
Case 
28/81 yes yes yes yes 
A/175/83 
n.m.n. 
Judgment 
5.11.86 
Case 
160/85 
74/562 Admission to the 
(31.12.76) occupation of road 
passenger transport 
operator yes yes yes yes yes yes A/318/85 
n.m.n. 
Judgment 
28.9.87 
Case 
287/87 A/113/79 
n.m.n. 
Judgment 
10.11.81 
Case 
29/81 yes yes yes A/926/90 
n.m.n. 
169 letter 
A/176/83 
n.m.n. 
Judgment 
5.11.86 
Case 
160/85 
75/130 Combined road/rail yes 
(1.10.75) carriage of goods yes yes yes yes yes yes yes yes yes yes yes 
76/914 Road transport - yes 
(19.12.78) training for drivers yes yes yes yes yes yes yes yes yes yes yes 
- 244b -
Directive Subject DK UK EL I IRL NL 
77/796 
(1.1.79) Recognition of 
qua I ifications yes yes yes yes yes yes yes A/141/80 
n.m.n. 
Judgment 
11.10.83 
Case 273/82 
A/17/85 
n.m.n. 
Case 71/88 yes yes yes yes 
79/1034 
(1.1.79) Tankers yes yes yes yes yes yes yes yes yes yes yes 
80/1178 Admission to the yes 
(1.1.81) occupation of road 
haulage operator yes yes yes yes yes yes yes yes yes yes 
80/1179 Admission to the yes 
(1.1.81) occupation of road 
passenger transport 
operator yes yes yes yes yes yes yes yes yes yes 
80/1180 
(1.1.81) Goods haulage 
operators yes yes yes yes yes yes yes yes yes yes yes 
80/1263 
(30.6.82) Driving licence yes yes yes yes yes A/121/87 yes 
n.p.i. 
r.o. A/123/87 A/124/87 yes 
n.p. 
r.o. n.p. i 
r.o. yes yes 
80/1266 
(1.7.81) Air accidents yes yes yes yes yes yes yes yes yes yes yes yes 
82/603 Combined road/rail 
(1.4.83) carriage of goods yes yes yes yes yes yes yes yes yes yes yes yes 
- 245 -
Directive Subject B DK UK EL IRL NL 
82/714 
(1.1.85) Technical 
requirements for 
inland waterway 
vessel s A/202/85 
n.m.n. 
Judgment 
24.5.88 
Case 307/86 yes yes yes yes yes yes yes yes yes yes yes 
A/356/89 
n.m.n. 
r.o. 
(Art. 171) 
83/416 
(1.10.84) Authorization of 
air transport 
services yes yes yes yes yes yes yes yes yes yes yes yes 
84/647 
(30.6.86) Hired vehicles 
for the carriage 
of goods yes yes yes yes yes yes yes yes yes yes yes yes 
85/3 
(1.7.86/ 
1.1.90) Weights and 
dimensions of 
certain vehicles yes yes yes yes yes yes yes yes yes yes yes 
85/347 
(1.10.85) Duty-free 
a Ilowance for fuel yes yes yes yes yes yes yes yes yes yes yes yes 
85/505 Authorization -
(1.1.87) carriage of goods yes yes yes yes yes yes yes yes yes yes yes yes 
85/579 Admission to the 
(1.1.86) occupation of road 
passenger transport 
operator yes yes yes yes yes yes yes yes yes yes yes yes 
- 246 -
Directive Subject DK UK EL IRL NL 
86/216 
(30.6.86/ 
1.7.93) Air transport 
of passengers yes yes yes yes yes yes yes yes yes yes yes yes 
86/360 
(1.7.86/ 
1.1.90/ 
1.1.92) Weights and 
dimensions of 
certain vehicles yes yes yes yes yes yes yes yes yes yes yes yes 
86/364 
(29.7.87) Weights and 
dimensions of 
certain vehicles yes yes yes yes yes yes yes yes yes yes yes yes 
86/544 Combined carriage yes 
(1.7.87) of goods yes yes yes yes yes yes yes yes yes yes yes 
87/540 Access to occupation A/364/89 A/456/89 yes 
(30.6.88) of carrier of goods n.m.n. n.m.n. 
by waterway Case r.o. 
377/90 yes A/365/89 yes 
n.m.n. 
r.o. yes yes yes A/366/89 
n.m.n. 
r.o. yes 
87/601 Fares for scheduled yes 
(31.12.87) air services yes yes yes yes yes yes yes yes yes yes 
89/463 Interregional A/450/90 yes yes yes A/586/90 A/783/90 A/621/90 A/691/90 A/566/90 A/729/90 A/761/90 A/928/90 
(1.11.89) air services n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. 
169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 
- 247 -
Directive Subject DK UK EL I IRL NL 
68/414 Stocks of crude 
(1.1.71) oil yes yes yes yes yes yes A/316/88 yes 
n.p.a. 
169 letter yes yes yes yes 
72/425 Stocks of crude yes 
(1.1.75) oil yes yes yes yes yes A/316/88 yes 
n.p.a. 
r.o. yes yes yes yes 
75/339 Stocks of fossil yes 
(1.1.78) fuel yes yes yes yes yes yes yes yes yes yes 
75/404 Restriction of yes 
(31.12.75) the use of 
natural gas yes yes yes yes yes yes yes yes yes yes 
75/405 Restriction of 
(31.12.75) the use of 
petroleum products yes yes yes yes yes yes yes yes yes yes yes yes 
76/491 Mineral-oil price A/97/89 
(1.1.77) n.m.n. 
Case 
374/89 yes yes yes yes yes yes yes yes yes yes yes 
78/170 Heat generators yes 
(1.1.81) yes yes yes yes yes yes yes yes yes yes A/480/90 
n.m.n. 
169 letter 
82/885 Heat generators yes yes 
(6.6.84) yes yes yes yes yes yes yes yes yes A/491/90 
n.m.n. 
169 letter 
- 248 -
Directive Subject B D DK E F UK EL I IRL L NL P 
85/536 Crude-oil savings A/173/89 yes yes yes yes yes yes A/175/89 yes yes yes yes 
(1.1.88) n.m.n. n.m.n. 
r.o. r.o. 
- 249 -
Directive Subject B D DK E F UK EL I IRL L NL P 
Budget 
77/388 Sixth VAT yes yes yes yes A/253/87 yes yes yes yes yes yes A/134/90 
(1.1.78) Directive n.p.a. n.p.a. 
Case 30/89 169 letter 
- 250 -
Directive Subject DK UK EL IRL NL 
Customs union 
and indirect taxation 
Customs union 
69/75 Provisions 
(1.10.69) relating to free 
zones yes yes yes yes yes yes yes yes yes yes yes yes 
75/349 Inward processing 
(1.1.76) yes yes yes yes yes yes yes yes yes yes yes yes 
77/805 Manufactured 
(1.7.78) tobacco - taxes yes yes yes yes yes yes yes yes yes yes yes yes 
78/453 Payment of duties 
(1.1.79) yes yes yes yes yes yes yes yes yes yes yes yes 
79/623 Customs debt 
(1.1.82) yes A/355/87 yes 
n.p.a. 
r.o. yes yes yes yes yes yes yes yes yes 
76/695 
(1.7.82) Release for free 
circulation yes yes yes yes yes yes yes yes yes yes yes yes 
81/177 
(1.1.83) Procedures for 
the export of 
goods yes yes yes yes yes yes yes A/168/83 
n.m.n. 
Judgment 
30.4.86 
Case 
158/85 yes yes yes yes 
A/502/87 
n.m.n. 
Case 
208/89 
(Art. 171) 
- 251 -
Directive Subject DK UK EL I IRL NL 
82/57 
(1.7.82) Release for 
free circulation yes yes yes yes yes yes yes A/183/84 
n.p.a. 
Judgment 
27.1.87 
Case 
275/85 
A/240/88 
n.p.a. 
r.o. 
(Art. 171) yes yes yes yes 
82/347 Procedures for the 
(1.1.83) export of goods yes yes yes yes yes yes yes A/162/83 
n.m.n. 
Judgment 
30.4.86 
Case 
158/85 
A/503/87 
n.m.n. 
Case 
208/89 
(Art. 171) yes yes yes yes 
83/643 Inspections in A/67/89 
(31.12.84/ respect of the n.p.a. 
31.12.86) carriage of goods r.o. A/281/87 
n.p.a. 
Judgment 
28.11.89 
Case 
186/88 yes yes yes yes A/475/86 
n.p.a. 
Case 
205/89 
A/322/88 
n.p.a. 
r.o. A/114/86 
n.p.a. 
Judgment 
30.5.89 
Case 
340/87 
A/366/87 
n.p.a. 
Case 
187/89 yes yes yes yes 
- 252 -
Directive Subject DK UK EL I IRL NL 
83/643 
(cont'd) A/33/88 
n.p.a. 
Case 
209/89 
A/314/88 
n.p.a. 
r.o. 
85/479 Mutual assistance yes 
(1.1.86) yes yes yes yes yes yes yes yes yes yes yes 
86/489 Mutual assistance yes 
(1.1.87) yes yes yes yes yes yes yes yes yes yes yes 
87/53 Physical 
(1.1.87) inspections 
in respect of the 
carriage of goods yes yes yes yes yes yes A/352/88 A/353/88 yes yes 
n.m.n. 
r.o. n.m.n. 
Case 
69/90 yes yes 
- 253 -
Directive Subject DK UK EL IRL NL 
Indirect taxation 
69/169 Tax-free allowances yes 
(1.1.70) in international 
travel A/40/82 A/298/87 
n.p.a. n.p.a. 
Judgment r.o. 
14.2.84 
Case 
325/82 yes yes yes yes yes A/96/86 
n.p.a. 
Judgment 
6.12.90 
Case 
367/88 yes yes yes 
A/320/85 A/328/87 
n.p.a. n.p.a. 
r.o. Judgment 
(Art. 171) 6.12.90 
Case 
208/88 A/247/87 
n.p.a. 
Judgment 
12.6.90 
Case 
158/88 
72/464 
(1.7.73) Taxes on 
manufactured 
tobacco yes yes yes yes A/271/85 
n.p.a. 
Judgment 
13.7.88 
Case 
169/87 yes yes yes yes yes yes A/491/87 
n.p.a. 
r.o. 
77/388 
(1.1.78) Sixth VAT Directive yes yes yes A/323/88 A/53/88 
n.p.a. 
r.o. n.p.a. 
r.o. 
A/213/88 
n.p.a. 
r.o. A/202/88 A/199/88 
n.p.a. n.p.a. 
r.o. r.o. 
A/322/88 
n.p.a. 
r.o. A/262/81 
n.p.a. 
Judgment 
28.6.88 
Case 
3/86 
A/188/88 
n.p.a. 
Judgment 
21.6.88 
Case 
257/85 yes yes A/153/83 
n.p.a. 
Judgment 
26.3.87 
Case 
235/85 
A/201/88 
n.p.a. 
r.o. yes 
A/209/85 
n.p.a. 
Judgment A/337/88 
n.p.a. 
169 letter 
- 254 -
Directive Subject DK UK EL I IRL NL 
77/388 
(cont'd) A/428/85 
n.p.a. 
169 letter 
(Art. 171) A/84/90 
n.p.a. 
169 letter 
A/429/85 
n.p.a. 
169 letter 
(Art. 171) 
A/663/89 
n.p.a. 
169 letter 
(Art. 171) A/134/90 
n.p.a. 
169 letter 
83/181 Importation of yes 
(1.7.84) goods yes yes yes yes yes yes A/422/84 yes 
n.m.n. 
Judgment 
24.11.87 
Case 
125/86 yes yes yes 
A/446/88 
n.m.n. 
r.o. 
(Art. 171) 
83/182 Temporary imports yes 
(1.1.84) yes A/127/86 A/471/89 yes 
n.p.a. n.m.n. 
Case 169 letter 
52/90 yes yes yes yes yes yes yes 
83/183 Permanent imports yes 
(1.1.84) yes yes A/402/87 
n.p.a. 
Case 
31/89 yes yes A/359/87 
n.p.a. 
Case 
88/89 A/421/84 
n.m.n. 
Judgment 
24.11.87 
Case 
124/86 yes yes yes yes 
- 255 -
Directive Subject DK UK EL I IRL NL 
83/183 
(cont'd) A/86/90 A/445/88 
n.p.a. n.m.n. 
169 letter r.o. 
(Art. 171) 
84/386 Movable tangible 
(1.1.85) property yes yes yes yes yet yes yes A/37/86 
n.m.n. 
Judgment 
2.2.89 
Case 
353/87 yes yes yes yes 
A/664/89 
n.m.n. 
169 letter 
(Art. 171) 
85/346 Permanent imports yes 
(1.10.85) yes yes yes yes yes yes yes yes yes yes yes 
85/362 Temporary imports yes 
(1.1.86) yes yes A/473/89 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
86/247 
(1.1.87) Twenty-first VAT 
Directive yes yes yes yes yes yes yes yes yes yes yes yes 
86/560 
(1.1.88) VAT - refund to 
taxable persons 
not established 
in the Community yes yes yes yes yes yes yes A/443/88 yes 
n.m.n. 
r.o. yes yes yes 
87/53 
(1.1.87) Inspections in 
respect of the 
carriage of goods A/67/89 yes 
n.p.a. 
r.o. yes yes yes yes yes yes yes yes yes yes 
- 256 -
Directive Subject DK UK EL IRL NL 
87/198 Exemption on 
imports in 
international 
travel (DK) yes yes yes yes yes yes yes yes yes yes yes yes 
88/331 
(1.1.89) Final importation 
of goods yes yes yes yes yes yes yes A/578/89 A/583/89 yes 
n.m.n. n.m.n. 
169 letter 169 letter yes yes 
88/663 Tax reliefs - yes 
(1.7.89) small consignments yes yes yes yes yes yes A/297/90 yes 
n.m.n. 
169 letter yes yes yes 
- 257 -
Directive Subject DK UK EL I IRL NL 
88/664 Exemption on 
(1.7.89) imports in 
international travel yes yes yes yes yes yes yes A/215/90 yes 
n.m.n. 
169 letter yes yes yes 
86/631 Mutual recognition A/630/89 yes 
(26.7.87) of type-approval for n.m.n. 
telecommunications 169 letter 
terminal equipment yes A/556/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
87/372 Frequency bands yes 
(26.12.88) reserved for public 
communications yes yes A/557/90 yes 
n.m.n. 
169 letter yes yes yes yes yes yes yes 
- 258 -
Directive Subject B D DK E F UK EL I IRL L NL P 
77/486 Education of the yes yes yes yes yes yes yes yes yes yes yes yes 
(2.8.81/ children of 
31.10.82) migrant workers 

ims&Ji 
Annex to the eighth report 
to the Europe PATH «nant nn 
monitoring the application of Ccgrnnunity law 
MONITOKIMG THE APPLICATION BY MEMBER STATES 
OF ENVIRONMENT DIRECTIVES 

-259-
Paragrapfts 
I. Introduction 1-6 
II. Monitoring instruments 7-13 
III. Scope of monitoring 14-33 
(a) Failure to notify national 
iinplementing measures 
(b) Partial conformity of national measures 
(c) Inadequate application of national provisions 
incorporating an environment directive 
IV. The situation in the Member States 34-69 
Belgium 34-36 
Denmark 37-39 
Germany 40-42 
Greece 43-45 
Spain 46-48 
France 49-51 
Ireland 52-54 
Italy 55-57 
Luxembourg 58-60 
Netherlands 61-63 
Portugal 64-66 
United Kingdom 67-69 
-260 
The situation sector by sector 70-89 
Air 
Chemical substances 
Water 
Noise 
Waste 
Nature 70-73 
74-76 
77-80 
81 
82-85 
86-89 
VI. General conclusions 90-100 
Annexes 
1. List of Directives covered by Annex C 
2. Number of complaints and cases detected by the Commission's own 
inquiries 
3. Number of proceedings initiated and in hand, by stage of proceedings; 
legal basis and sector 
4. Significant Court of Justice judgments concerning the environment 
- 261 -
I. iNTRtiixn'inrNi 
1. Interest in monitoring the application of Community law on the 
environment has increased in recent years: in its resolution adopting the 
fourth EEC environmental action programme (1987-92)1 the Council 
underlined the importance of Community law on the environment and asked the 
Commission to send it and Parliament regular reports on its application so 
that the environment policy could be assessed. Parliament has adopted 
several resolutions on the application of immunity measures concerning the 
environment.2 Recently, the European Council in Dublin (25-26 June 1990) 
underlined the importance of correct and complete implementation of 
Ccimmunity measures, and requested the Commission to carry out regular 
reviews of the situation and publish detailed reports on its conclusions.3 
2. That is the background to this annex to the eighth report. It now 
seems time to consider in greater detail problems arising in the context of 
the Community environment. This initiative was taken following the 
presentation early in 1990 of an initial report on the application of 
Community law of the environment.4 
3. The aim of this annex is to inform the Council, Parliament and the 
public on the situation with regard to the application of Community law on 
the environment. While the Member States are responsible for implementing 
the provisions concerning the environment under Article 130r(4) of the 
EEC Treaty, the Commission is required by Article 155 to "ensure that the 
provisions of this Treaty and the measures taken by the institutions 
pursuant thereto are applied". The Commission's task does not end with the 
adoption of a legal instrument by the Council: the Commission must make 
1 Resolution of 19 October 1987, QJ C 328, p.l. 
2 Resolutions of 10 March 1988 (air and water), OJ C 94, pp.151 and 155; 
of 12 October 1988 (nature), OJ C 290, p.54; of 13 October 1988 
(birds), OJ C 290, p. 137; and of 16 February 1990 (general), OJ C 68, 
p.183. 
3 European Council, conclusions of the Dublin meeting of 25-26 June 1990. 
4 Commission information note P-5, 8.2.1990. 
- 262 -
sure that the Member States comply with their obligations under Community 
legislation. They are required to adopt the legislation needed to 
incorporate Community environment law into national law, notify it to the 
Commission, and ensure that their internal measures are properly and fully 
applied. 
4. With respect to the application of Community measures on the 
environment, the Commission believes that only a sustained effort over a 
number of years will bring about a marked iirtprovement in the situation. 
The effort devolves on all the parties concerned - Community, national, 
regional and local authorities, industry and business associations, and 
non-governmental organizations for the protection of the environment. The 
objectives of Community environment policy set out in Article 130r of the 
Treaty is to achieve appropriate protection of the environment. Oamrnunity 
legislation is designed to achieve this aim and monitoring its application 
seeks to achieve the Article's objectives. 
5. The Court of Justice has noted that protection of the environment 
is an essential goal in the general interests of the Community.5 
6. The fact that environment protection is almost wholly in the hands 
of the authorities distinguishes environment law from all other sectors of 
tanmunity law and consequently the monitoring of its application. While 
Community legislation relating to economic activity, agriculture, 
competition, transport, freedom to provide services or company law has a 
direct impact on large sectors of the economy in the Member States, the 
environment belongs to no-one and does not have an "institutional" 
protector. In the economic field, various interest groups are quick to 
act, mobilize legal, political or media resources at their disposal to 
ensure respect for Coiranunity legislation or combat a practice harmful to 
them. On the other hand hardly anyone has the knowledge, means or 
resources needed to protect a biotope, clean river water or forest. Apart 
from the sporadic action of local protection groups which generally lack 
5 Case 240/83 Association de Défense des brûleurs d'h-nlies "fflgéfifl [1985] 
ECR 531; 
Case 302/86 Commission v K*Lngdom of Denmark [1988] ECR 4607. 
- 263 
effective means, the authorities control activities that are potentially 
damaging to the environment, authorize or refuse infrastructure projects 
having an effect on the environment, or control the movement of dangerous 
substances and waste. Ultimately, the authorities are responsible for the 
enforcement of regulations generally originating in tanmunity regulations 
and have the power to take action against the polluters. Only the 
authorities collect, administer and possibly publish data on air, soil or 
water pollution, the hazards threatening the environment, the evolution of 
the diversity of species of flora and fauna or the state of the environment 
in general. The difference between environment law and other sectors of 
Community law has contributed to changes in monitoring techniques in recent 
years and the importance attached to it by the Member States, the (immunity 
institutions, the media and public opinion which, in all probability, will 
continue to increase in the future. 
264 -
II. ïfMT-TTIRTHr: Tl*OTRnMT3JTS 
7. Several -Instruments are available to the Commission to ensure 
observance of Community environment law. The procedure under Article 169 
of the EEC Treaty is used when all other means have failed. 
8. In the period preceding the adoption of a directive and its entry 
into force, the Commission writes to the Member States reminding them of 
the directive, the time limits laid down in it and the obligation to 
transpose Community law into national law. The Commission requires the 
Member States to specify in detail the provisions of national law in which 
each article and clause of the directive is incorporated. 
About three months before expiry of the time limit laid down for 
incorporation into national law of the directive, the Commission sends a 
second official letter to the Member States if no communication has been 
received concerning the actual incorporation into national law of ODinraunity 
measures. In this letter the Commission reviews the situation and reminds 
the Member States of the obligation to observe the provisions in the 
directive. 
9. The Commission is available for bilateral discussions with the 
Member States on all technical or legal questions concerning the 
incorporation of the directive into national law. It organizes 
multilateral meetings with the Member States' representatives to clarify 
the impact of the various provisions in a directive, inform them of 
progress with regard to incorporation and remind them of the time limits 
for the various directives. 
10. In 1990 the Commission staff initiated "package" meetings with the 
central, regional or local authorities of the Member States to discuss the 
factual or legal aspects of alleged infringements, complaints or 
implementation of environmental directives. Such meetings were held in 
Spain (twice), Portugal, Greece (twice), Germany, Belgium, Ireland and the 
Netherlands. The Commission plans to pursue and intensify this dialogue. 
- 265 -
11. The formal procedure of Article 169 of the EEC Treaty is the only 
means available to the Commission to exercise control and ensure observance 
of Community environment law. There are three stages in this procedure: 
- letter of formal notice 
- reasoned opinion 
- referral to the Court of Justice. 
12. Each stage requires a specific and formal decision by the 
Commission. Given that in principle the Commission holds six meetings a 
year on infringements, that the Member States usually have two months to 
reply to a formal decision by the Commission, and that cases can take a 
long time to reach the Court, two years, and generally over three years, 
may elapse between the decision to open proceedings under Article 169 and 
delivery of a judgment by the Court. 
13. The Commission can accelerate the procedure by shortening the 
period between the formal decision and its execution, and the time of reply 
allowed the Member State. However, in 1990 this was used only once, in a 
case where a Belgian regulation authorized an explicit derogation from 
Directive 80/51/EEC on the limitations of noise emissions from subsonic 
aircraft. 
The Commission cannot take interim measures against a Member State. On the 
other hand, when a case is being heard the Commission can ask the Court to 
order interim measures pending the final decision when it is considered 
that irreversible damage may be caused to the environment. 
- 266 -
14. In monitoring the application of the Community law three aspects 
are checked: 
(a) that the Member States have adopted and notified the national 
measures to implement the directives; 
(b) that the national measures incorporate the obligations deriving 
from Community law fully and correctly; 
(c) that the national implementing measures are correctly applied in 
practice. 
(a) Fa-nyrft to notify rvvt-1 ,""«-i implementing measures 
15. There is a specific provision in each directive requiring the 
Member States to notify the Commission of national measures adopted to 
incorporate a directive in national law. If, on entry into force of a 
directive, the Commission has received no information regarding the 
national implementing measures, it opens proceedings under Article 169. 
Since 1990 the delegation procedure has been used. 
It should be pointed out that the proceedings initiated following failure 
to notify reflect a delay on the part of the Member States in implementing 
new directives rather than a deliberate intent to evade their Community 
obligations. In many cases, the Member States conform to the legislation 
shortly after the entry into force of the directive, and decisions of the 
Court tend to be rare. However, there are still too many cases where the 
measures adopted are not notified to the Commission, which then has to 
commence proceedings and incur costs which could have been avoided. 
16. However, considerable delays may occur before the incorporation of 
environmental directives. Directive 85/337/EEC on the assessment of the 
effects of certain public and private projects on the environment,6 which 
came into force in July 1988, was not transposed by Greece, Portugal and 
Germany until 1990, at which time it had still not been transposed by 
Luxembourg. 
6 Directive 85/337/EEC, OJ L 175, 5.7.1985, p.40. 
- 267 -
17. In the case of Directives 89/369/EEC and 89/429/EEC on air 
pollution from municipal waste incineration plants,7 which came into force 
on 1 December 1990, the Commission has not yet been notified of national 
implementing measures by the Member States. It is true that Portugal, 
Germany and the Netherlands adopted implementing measures (in the form of a 
circular) at the end of 1990. 
18. It should be noted that the Commission is not kept informed of 
national measures adopted to implement international conventions on the 
environment, even where the Community as such is a contracting party. 
(b) Partial conformity of national measures 
19. At the second stage, the Commission seeks to determine whether the 
national measures fully and correctly incorporate Community measures. It 
does not simply check whether each article of a directive is reflected in 
the national legislation notified; the entire national structure of 
primary and subordinate legislation and administrative practice is studied, 
bearing in mind its specific features and mode of operation, to ensure that 
all the objectives of Community law are achieved. 
20. There is a particular problem when provisions of a Ctoinmunity 
directive are incorporated at a level other than national (for example at 
the level of the regions, lander, autonomous provinces, etc. ). Each Member 
State is free to determine how best to confer its internal powers and to 
implement a directive through measures adopted by regional and local 
authorities.8 The Commission has to make sure that the directive is 
applied throughout the territory of the Member State. In this connection, 
Belgium continued to pose a problem in 1990 since regional legislation 
transmitted to the Commission is often incomplete owing to delays in one or 
two regions (waste, underground water, noise). 
21. On several occasions the Commission has intervened in cases where a 
Community environment directive was incorporated into national law by means 
of administrative circulars. In the various Member States such circulars 
7 Council Directive 89/369/EEC, OJ L 163, 14.6.1989, p.32. 
Council Directive 89/429/EEC, OJ L 203, 15.7.1989, p.50. 
8 Case 96/81 Commission v The Netherlands [1982] ECR 1791. 
- 268 -
may take very different forms; this can have an impact on their scope and 
legal force, and hence their conformity with Community law. In line with 
consistent Court of Justice case law to the effect that a directive confers 
rights or imposes obligations on individuals, the Commission believes that 
an internal circular which can at any time be altered at the whim of the 
national authorities would not incorporate a directive correctly. This 
also applies where a circular is not published or, having been published, 
may be amended by another circular which is not published, so that the 
public cannot determine precisely what law is applicable. 
22. The Commission welcomes the tendency in a number of Member States -
France, Germany, the United Kingdom - to use binding legislative 
instruments in place of circulars. It hopes that the Court of Justice 
judgment in Case C-131/88 Commission v Germany on the use of circulars in 
the field of the environment will help to clarify matters. 
23. The Commission is frequently confronted with the argument that 
limit values for certain air or water pollutants should not be specified 
when a directive is incorporated into national law, it being sufficient for 
the authority to make sure that the limit values are observed in practice. 
The Commission has always firmly held that Community limit values must be 
specified in a legal instrument or regulation of general application. A 
limit value fixed at Community level should be specified in national 
legislation. Here again the Commission hopes that the Court of Justice 
judgment in Case C-361/88 Commission v Germany will contribute to a more 
consistent interpretation of the scope of environment law. 
24. Some Member States have incorporated Council Directive 85/337/EEC 
on the assessment of the effects of certain public and private projects on 
the environment.9 However, the decision to subject projects to such 
assessment is left entirely to the discretion of the Member States. The 
Commission believes that the recitals and various provisions of the 
Directive, in particular Article 2, make it clear that projects listed in 
Annex II of Directive 85/337/EEC should also be the subject of an 
environmental impact assessment, particularly when the nature, dimension or 
location of the project are such as to require it. Therefore the Member 
States must provide in their legislation for the possibility of the 
assessment of such projects. National legislation providing solely for an 
environmental impact assessment for projects in Annex I cannot therefore be 
considered complete. 
9 Directive 85/337/EEC, OJ L 175, 5.7.1985, p.40, 
- 269 -
25. The Commission has not yet examined the problem of penalties laid 
down in national legislation incorporating Coirimunity law. However, the 
Commission will consider the measures to be taken following a recent 
decision by the Court of Justice,10 in which the Court held that the 
Member States are required to take measures penalizing infringements of 
Community law. While the choice of penalties remains within the discretion 
of the Member State they must be effective, proportionate and dissuasive, 
and analogous to penalties for similar infringements of national law. 
(c) Inadequate application of iy\tlpTw.l provisions incorporating an 
environment directive 
26. National legislation incorporating a Community environment 
directive does not automatically protect the environment; it must be 
actually applied. In other words, plans or programmes must be drawn up and 
executed, the established limit values monitored and the administrative 
authorizations issued. National legislation could reproduce a directive 
word for word yet remain a dead letter for want of enforcement. 
27. Community environment directives systematically contain provisions 
requiring the Member States to inform the Commission when directives are 
transposed into national law and notify the full text of the national 
measures. The incorporation of directives and the conformity of national 
legislation with them can be monitored at the same time by studying the 
texts. On the other hand, the Community directives do not require the 
Member States to inform the Commission of how Community provisions on the 
environment are actually applied. 
28. Many directives on the environment require the Member States to 
report at regular intervals on the implementation of directives11 or on 
one or other specific aspect of the implementation of a Community 
provision,12 but in the past these reports have not been systematicallY 
10 Case 8/88 Commission v Greece [1989] ECR 2965. 
11 A list of the directives is annexed. 
12 For example, see Article 7 of Council Directive 80/779/EEC, OJ L 229, 
30.8.1980. 
- 270 -
transmitted to the Commission by all the Member States. Only a minority, 
particularly Denmark and the United Kingdom, fully met their obligations. 
With respect to waste, the Commission has noted omissions in its report to 
Parliament in the implementation of the waste directives.13 Here, and in 
relation to Directive 79/409/EEC, the failure of several Member States to 
present their reports made it impossible for the Commission to publish its 
three-yearly report on the implementation of the directives. The situation 
is similar with respect to air quality,14 where Commission reports are 
held up by late transmission or absence of national reports. 
29. Apart from the problem of transmission, national situation reports 
do not contain detailed information on the practical application of 
environment provisions. They mainly contain summary descriptions of the 
administrative and technical measures already in place or newly adopted. 
Consequently, they provide little useful information on the practical 
application of Community environment measures. 
30. With respect to reports on the implementation of directives, the 
Commission launched a pilot scheme in the field of waste between 1985 and 
1988. It sent the Member States a detailed questionnai re on the 
implementation of the four directives. Proceedings were initiated under 
Article 169 of the EEC Treaty against the Member States who did not answer 
the questionnaire or had not drawn up the three-yearly reports on the 
implementation of the directives. 
In 1990, the Commission made a proposal for a Council directive to 
streamline the preparation of national reports along the following lines: 
- the foiTOulation of reports on the basis of a questionnaire drawn up by 
the Commission; 
- the establishment of reports by sector (air, water, waste, etc.); 
- reports to be drawn up every three years.15 
13 Commission report on the implementation by the Member States of the 
Community waste Directives 75/442/EEC, 75/439/EEC, 76/403/EEC 
and 78/319/EEC (SEC(89)1455 final, 27.9.1989). 
14 Above-mentioned Directive 80/779/EEC; Directive 82/884/EEC, OJ L 378, 
31 December 1982, p. 15; Directive 85/203/EEC, OJ L 87, 27 March 1985, 
p.l. 
15 OJ C 214, 29 August 1990, p.6. 
- 271 -
The Commission hopes that the Council will soon remedy a serious lacuna in 
the application of Community environment measures by adopting this 
proposal, already approved by the European Parliament and the Economic and 
Social Committee. 
31. Sometimes the Commission seeks to obtain information by asking the 
Member State precise questions. It also commissions studies on the 
application of the environment directives in the Member States, but the 
number of such studies is necessarily limited. Access to information kept 
by national, regional or local authorities (such as frequency and results 
of monitoring, enterprises affected, content of authorizations granted or 
pollution levels noted) proves extremely difficult for the contractors and 
limits the value of such studies. 
32. Consequently the private citizen is the Commission's main source of 
information. The œmplaints system was introduced by the Commission at the 
end of the 1960s to facilitate completion of the internal market. The 
possibility for private individuals to lodge complaints with the Commission 
promoted Community awareness of the environment. Citizens became fami 11 ar 
with Community institutions, discovered that they shared responsibility for 
protecting the environment and realized they could do something about it. 
Complaints from individuals, non-governmental organizations, local 
authorities, embassies, and even Ministers of a Member State reveal the 
concern for the environment and the importance attached to Community 
action. 
33. In monitoring the application of Community directives the 
Commission has focused on cases raised in complaints, in written or oral 
questions and in petitions. These cases are generally examined 
systematically. Internal instructions have been issued to this effect and 
(Domplainants are given the assurance on the complaints form itself16 that 
16 OJ C 26, 1.2.1989, p.6. 
- 272 
their complaint will be examined. The Commission has no other regular 
sources of information to assess the application of environment directives. 
In cases where, on reception of a œraplaint or a Parliamentary question, 
the Commission has discovered a problem with a broad impact it examines the 
practice in all the Member States. For example, discovery of the failure 
by Belgium to observe Directive 80/51/EEC on aircraft noise emissions17 
prompted the Commission to seek out information from the other Member 
States to determine whether aircraft landing on their territory observed 
the provisions of the directive. 
17 Directive 80/51, OJ L 18, 24.1.1980. 
-273-
IV. THE SITUATION IN THE MEMBER STATES 
BELGIUM 
34. Late transposai 
Proceedings for failure to notify implementing measures mainly concern 
waste disposal. Belgium has still not notified measures implementing 
Directives 75/442/EEC (waste), 76/439/EEC (disposal of waste oils) 
or 76/403/EEC (polychlorinated biphenyls and polychlorinated terphenyls), 
despite two judgments against it by the Court of Justice. However, it must 
be admitted that numerous regional rules have been adopted but not 
officially notified to the Commission; Belgium did not even mention them 
in the second Court case. As will be seen below, the Walloon and Flemish 
regions are virtually in compliance with these four Directives, but the 
Brussels region has still adopted no measures whatsoever. Belgium's 
institutional system has the added complication that a number of national 
measures remain in force and are applicable in the three regions. The 
Commission has accordingly decided to terminate the proceedings for failure 
to notify measures transposing the T102 and PCB-PCT Directives but has 
commenced new proceedings for incomplete transposai. No measures have been 
taken to give effect to Directive 86/278/EEC. 
Measures to transpose the Directives on noise pollution by lawnmowers and 
on hydraulic and rope-operated excavators have still not been notified. 
Directive 80/68/EEC on groundwater has not been transposed in the Walloon 
region despite a ruling by the Court of Justice; nor have measures been 
taken for Directive 88/347/EEC on the discharge of certain dangerous 
substances. 
35. Conformity with (immunity provisions 
When legislation is adopted to give effect to a Directive, it is generally 
in conformity with Community law. However, the problems of apportioning 
power among the various tiers of authority is a particular source of 
difficulty. 
-274-
Belgian legislation relating to Directive 80/778/EEC (quality of water 
intended for human consumption), for example, is not in conformity. The 
Flemish and Brussels regions have taken proper measures but the Walloon 
region has not, as the Court of Justice declared on 5 July 1990. 
Furthermore, in 1990 the Flemish region authorized concentrations of two 
pesticides above the permissible levels. 
Directive 84/360/EEC (air pollution from industrial plants) has been most 
inadequately incorporated by the law organizing the system of classified 
plants: the system is not made general, there is no obligation to take 
account of the criteria laid down in the Directive each time a plant is 
authorized, there is no reference to the best available technology, and 
there is no obligation to adapt existing plant. 
There has been no action to give effect to a 1987 Court of Justice ruling 
condemning six cases of failure to comply with Directive 79/409/EEC 
(conservation of wild birds), and new infringement proceedings have been 
commenced. Directive 85/337/EEC (impact assessment) has not been 
transposed in the Brussels region and has been incorrectly transposed both 
in the Flemish, region (incomplete transposai of the impact study 
provisions) and in the Walloon region (Annex II projects are excluded by 
temporary order and the impact study criteria differ from those laid down 
in the Directive). The Walloon regulations on nuclear plant were annulled 
by the Council of State, which ruled that they should have been made by the 
central authorities. 
36. Effective application 
The situation is less satisfactory here. The Belgian authorities have not 
supplied the Commission with much information on water pollution matters, 
although they are required to do so for the implementation of 
Directive 75/440/EEC (classification; purification plans), while all the 
scientific reports available testify to the poor qualify of surface and 
underground water and the absence of adequate purification measures (almost 
all rivers and streams are polluted). Moreover, bathing waters have been 
inadequately graded and are of poor quality; there are no programmes for 
the substances on list II of Directive 76/464/EEC; pollution by industrial 
waste and the pollution of drinking water by nitrates and lead (Verviers) 
abounds. 
There are no specific problems regarding air pollution. 
No implementation reports are available on any of the waste Directives. 
-275-
The Brussels and Walloon regions have no plans for the elimination of 
general waste or toxic and dangerous waste. 
The practical application of the Seveso Directive gives rise to serious 
concern as emergency plans are inadequate, where they exist at all, and 
there is little or no control and coordination on the part of the 
authorities. 
Turning to nature and the living environment, Belgium has designated a 
large number of special conservation areas for wild birds, but there is 
evidence to suggest that these areas still do not enjoy proper protection. 
Hunting problems persist, especially as regards the snaring of birds. 
Finally, while Directive 85/37/EEC is still not fully transposed, initial 
experience has shown that such environmental impact studies as have 
actually been carried out do not cover all the aspects they should. 
DENUDES 
37. TAte t.r«.TVgpr>gw.1 
Denmark's parliament keeps a very close eye on the attitude of the Danish 
minister when a Directive is negotiated and adopted. Adoption of a 
Directive thus frequently reflects a genuine commitment, and the 
Government, Parliament and official bodies feel bound by the results to be 
achieved. 
The result is that, generally speaking, Oammunity Directives are transposed 
within the appointed deadlines. The only major delay in recent years 
concerned Directive 85/337/EEC (environmental impact assessment). 
38. Conformity with Community provisions 
Danish provisions are clear evidence of Denmark's loyalty to its Community 
commitments. Divergences discovered between national law and 
Directive 79/831/EEC (dangerous substances), 76/169/EEC (bathing water) 
and 79/409/EEC (conservation of wild birds) are the result of a deliberate 
choice. Denmark took the view that the Community solution was not the best 
and opted for another one. In the case of the dangerous substances 
Directive, a ruling by the Court would help to remedy the situation. 
-276-
39. Effective application 
There is a high level of environmental awareness in Denmark, which is 
equally evident in almost all the country's official bodies. This 
awareness is reflected in effective implementation and monitoring systems. 
Effective implementation of Community Directives therefore presents no 
problems, and complaints to the Commission are extremely rare; Danish 
citizens have access to a national complaints system which works well, and 
they do not feel that more is to be gained by complaining to the 
Commission. In the absence of detailed information, the Commission does 
not know whether Directives 75/440/EEC (surface water) and 80/778/EEC 
(water intended for human consumption) are being fully applied in practice. 
No specific comments are called for in other areas. 
GERMANY 
40. Obviously, the Commission is not yet monitoring the implementation of 
the environmental Directives in the Lander of the former GDR. 
Late transposai 
Germany finds little difficulty in transposing technical Directives in good 
time, but delays occur when legislation or substantial new infrastructures 
are required. 
A particular problem emerges when Community law is to be transposed by the 
Lander, which prefer to draw attention to Community legislation by means of 
circulars, which may or may not be published. Local authorities and their 
population know little of Community provisions and their scope. 
41. Conformity with (immunity provisions 
Because it has highly sophisticated environmental legislation, Germany's 
main concern is to amend it as little as possible when ODmraunity Directives 
are transposed. This means that important aspects of Cc>mmunity Directives 
are not completely included. 
-277-
42. Effective application 
The day-to-day management of Ctammunity rules is not without problems. 
Water management is in the hands of the Lander, which have in the past 
taken little heed of Directives such as 78/659/EEC (waters supporting fish 
life), 79/923/EEC (shellfish waters) and 80/68/EEC (groundwater). Germany 
has considerably improved its bathing water monitoring scheme, but the 
Commission does not have enough information about the quality of water for 
human consumption, since Germany has failed to provide it. 
Germany has made considerable efforts to improve air quality, though these 
efforts were independent of the existing Directives. 
The differentiation between waste and recyclable waste introduced by 
Germany is a departure from the Oommunity approach. 
In the nature and the living environment sector, the Directive on birds has 
produced few practical changes. Germany has designated habitats which 
already existed and has not completely adapted hunting legislation. Some 
Lander are lagging seriously behind in designating special protection areas 
for the conservation of wild birds. These designated habitats continue to 
be threatened by construction work, contamination and day-to-day 
activities. 
GREECE 
43. Late transposai 
In the past, there were considerable delays in transposing environmental 
Directives in Greece. Over the last two years, the Commission notes that a 
considerable effort is being made to live up to the obligations deriving 
from the adoption of Ctammunity Directives. Most of the old Directives have 
been transposed, though twelve of the Directives which came into force in 
1989 and 1990 are still on the waiting list. However, the Commission is 
gratified to note that by the end of 1990 Greece had •Lncorporated the major 
Directives.84/369/EEC (air pollution from industrial plants), 85/337/EEC 
(environmental impact assessment) and 85/339/EEC (containers of liquids for 
human consumption). 
-278-
44. PfJ.Ttia.1 ranfnrmity 
Generally, Greece adopts the text of the Directives and incorporates them 
word for word in its national law, adapting the wording only where that 
proves necessary. The. most common techniques are the ministerial decision 
and the presidential decree. However, an ijistrument transposing a 
Directive often requires implementing measures to be effectively 
applicable. Such implementing measures are often lacking, especially in 
the fields of nature protection and air pollution. 
45. Effective application 
This remains the chief problem in Greece. The situation has worsened to 
some extent because of the inadequacy of the regional and local 
infrastructure in the form of qualified staff, structured administration, 
laboratories, monitoring instruments, etc. An appreciable improvement 
seems to be on the way, mainly because of the help of the EEC's structural 
Funds and other economic instruments. 
Most industrial waste water is discharged untreated into the sea. The 
number of areas designated fit for bathing is increasing but remains 
inadequate; waters suitable for fish life and for shellfish have yet to be 
designated. The management and monitoring of water - surface water 
(Directive 85/440/EEC), bathing water (Directive 76/160/EEC) and 
groundwater (Directive 80/68/EEC) - does not always measure up to Ctammunity 
requirements. 
The problem of air pollution persists in Athens, and the clean-up measures 
taken pursuant to Directives 80/779/EEC and 85/203/EEC have not yet brought 
about any appreciable improvement. 
There is a lack of plans for the disposal of domestic or industrial waste 
and of treatment and disposal facilities. 
As regards nature protection, the number of areas designated pursuant to 
Directive 79/409/EEC (bird conservation) - 26 - appears inadequate; 
furthermore, in many cases, there are no specific conservation measures in 
those designated areas. In several cases, no assessment has been carried 
out, since the legislation on environmental impact assessment under 
Directive 85/337/EEC was not adopted until 1990. 
-279-
SPADi 
46. late transposai 
The Act of Accession gave Spain no additional period of grace for 
transposing the environmental Directives. 
Most of the Directives adopted before 1 January 1986 (the date of 
accession) were transposed between 1986 and 1988, though there are still a 
number of gaps. 
Several of the Directives adopted after 1. January 1986 have not yet been 
transposed. 
47. Partial conformity 
Spanish legislation on water, nature protection and waste diverges from 
Community provisions in several respects. As regards nature and water, 
these divergences derive from existing Spanish law, which has not yet been 
fully adapted to Ctammunity requirements. Legislation on waste is being 
brought up to date and legal ij^truments are being adopted which will 
ensure that there is appropriate infrastructure and proper management of 
toxic wastes; but the deadlines set for the Ccimmunity laws in question 
have long since expired, quite apart from specific omissions. The Spanish 
legislation incorporating Directive 85/337/EEC (environmental impact 
assessment) exempts a large number of Annex II projects and the Ctammission 
commenced proceedings accordingly. 
48. Effective application 
Where Directives require management or clean-up plans to be established, 
there are shortcomings and major delays both in establishing them and in 
applying them to water, air, waste and industrial accidents. 
The effective application of existing Directives on industrial waste water 
leaves much to be desired. The number of areas designated as having water 
suitable for bathing is inadequate (Directive 76/160/EEC) and the 
monitoring of these areas does not meet the Directive's requirements. 
There is no plan for cleaning up surface water (Directive 75/440/EEC). 
-280-
The Directives on air quality standards (Directives 80/779/EEC, 82/884/EEC 
and 85/203/EEC) are not being fully applied in some conurbations. 
The plans for the management of waste and dangerous waste 
(Directives 75/442/EEC and 78/319/EEC) do not fully satisfy the 
requirements of the Directives. In several cases, waste disposal is 
causing local problems. 
Several new nature protection areas have been designated pursuant to 
Directive 79/409/EEC (protection of birds). 
FRANCE 
49. late transposai 
Proceedings for failure to notify measures are rare, for France has 
comprehensive environmental legislation, much of which predates the 
Directives. The French authorities are nearly always ready to notify 
measures to the Commission within the deadline laid down in the Directives 
and thus to meet their formal requirements, though transposai is 
occasionally delayed; examples are toxic and dangerous waste (over three 
years) and waste incinerators. 
50. Conformity with Community provisions 
There are a fairly large number of proceedings for non-conformity or 
partial conformity, several of which present the same legal problem: is 
the technique of transposai by means of administrative circulars a valid 
one? 
There has long been a difference of opinion between the Commission and the 
French authorities, which felt that it was. However, over the last two 
years the French Government has adopted a series of decrees replacing the 
old circulars and giving the standards laid down in the Directives 
unquestioned legal status. 
-281-
Qn the other hand, France is lagging far behind on a number of planning and 
management obligations (plan for cleaning up surface water; designation of 
water suitable for fish and for shellfish; food packaging programme; 
major combustion facilities). In some of these cases the Commission is 
willing to admit that plans or programmes may well exist, but it has not 
been informed of them. 
51. Effective application 
The practical application of the Directives on water is not perfect: an 
inadéquate number of stretches of water have been designated and monitored 
as suitable for fish and shellfish; surface and groundwater are polluted 
by nitrates and other harmful substances; there are no programmes for the 
substances on list II of the dangerous substances Directive, with the 
result that rivers are polluted by industrial waste; the number of 
monitored bathing places is too low, and some of them are polluted anyway. 
Proceedings relating to the cadmium and titanium dioxide Directives are 
under way, and an infringement proceeding is under way following several 
complaints received about the quality of water for human consumption. 
The Commission is not satisfied with the way in which Directive 84/360/EEC 
(air pollution from industrial plants) is applied. Despite several 
requests, no information has been provided about the way account is taken 
of the best technology available at the time of authorization or, more 
importantly, about the gradual adaptation of existing plants. Furthermore, 
the absence of specific measures to ensure the general aval 1 ability of 
unleaded petrol by 1 October 1989 placed this goal beyond reach. 
The existence of a number of waste disposal programmes formally complies 
with the Directives, but the situation is hardly perfect. For years France 
has been allowing the number of unauthorized dumps to rise and has taken no 
real measures to prevent the unraonitored dumping of toxic waste; worrying 
problems of soil and water pollution abound as a result. The Commission 
has been receiving a growing number of complaints. 
-282-
As regards nature protection, a large number of proceedings for 
infringement of Directive 79/409/EEC have been commenced in relation to 
hunting. Ecologists and naturalists are particularly vigilant. France 
also appears so far to have designated an inadequate number of special 
conservation areas, and the protection enjoyed by those designated is not 
always sufficient. The environmental impact studies carried out under 
legislation predating the Directives and partially in conformity with them 
are seen as being too sectoral; moreover, the general public and nature 
conservation associations are not genuinely involved in the assessment 
process, and hostile reactions expressed in the course of public inquiries 
are not adequately considered. 
- 283 -
52. Irtte tranj^po,sa1 
The incorporation of Ctammunity provisions into national law within the 
prescribed period is the exception rather than the rule in all 
environmental matters. National legislation is often adopted when 
proceedings initiated by the Commission are already at an advanced stage. 
53. Pn.rt.lAl nrn-Nfrvrmlty 
It is standard practice in Ireland for Ctammunity provisions to be 
transposed as such. The use of circulars for this purpose seems to have 
decreased slightly, the Commission having taken issue with this technique 
on several occasions, the most important of which concerned 
Directive 85/337/EEC (impact assessment). 
54. Effective application 
With respect to water pollution, the application of Directives 78/659/EEC 
(designation of waters needing protection or improvement to support fish 
life) and 79/923/EEC (shellfish waters) is unsatisfactory as regards both 
the number of designated zones and the measures taken. There are also 
shortcomings in the classification of surface water (Directive 75/440/EEC) 
and in the associated clean-up programme. 
Air -pollution is a serious problem in Dublin. It is too early to judge 
whether the measures taken by the Irish authorities in 1990, in particular 
the ban on the sale of certain types of coal in the Dublin region, will 
have the desired effects. 
There are shortcomings in the formulation and implementation of management 
and improvement plans and programmes regarding waste 
(Directive 75/442/EEC), toxic and dangerous waste (Directive 78/319/EEC) 
and containers for liquids for human consumption (Directive 85/339/EEC). 
As regards nature protection, the number of habitats designated under 
Directive 79/409/EEC (conservation of wild birds) is insufficient. For 
those habitats which have been designated, conservation measures do not 
always appear adequate. 
- 284 -
55. late transposai 
In most cases the deadlines for the incorporation of Directives into 
national law are still not being observed. The new "Pergola Law", which 
provides for -mechanisms to speed up transposai, has raised hopes that the 
situation might be improved. 
Delays are sometimes worse when responsibility for transposing 
environmental Directives lies with regional authorities and the role of 
central government is confined to the adoption of framework laws or 
decrees. 
56. Partial conformity 
Problems of partial conformity often arise in fields which fall within the 
legislative competence of the regions, such as the conservation of wild 
birds (Directive 79/409/EEC), air pollution (Directives 80/779/EEC, 
82/884/EEC and 85/205/EEC) and waste. As regards the Directive on wild 
birds, the Court of Justice condemned Italy in 1987 for failure to adapt 
its legislation in line with QDmmunity provisions. Other problems of 
non-compliance are likely to result from derogations or authorizations for 
derogations which are not permitted under Community Directives 
(Directive 76/160/EEC - bathing water; Directive 80/778/EEC - drinking 
water; Directive 76/464/EEC as amended - discharge of certain dangerous 
substances into the aquatic environment) 
57. Effective application 
The main problem in the implementation of Directives on the environment is 
the effective application of existing provisions. Regional or local 
authorities often find it difficult to organize or monitor the effective 
application of the rules. There are serious problems in the formulation 
and implementation of clean-up plans and programmes concerning surface 
water, waters able to support fish life, areas susceptible to air 
pollution, waste and toxic waste; the level of success varies widely from 
region to region. 
- 285 -
As regards water pollution, Ctammunity standards for bathing water 
(Directive 76/160/EEC) and drinking water (Directive 80/778/EEC) are 
unevenly observed over the country as a whole. There are serious 
shortxxjmings in the designation and classification of waters -under 
Directives 75/440/EEC (surface water), 78/659/EEC (waters able to support 
fish life) and 79/923/EEC (shellfish waters). The effective application of 
Directive 76/464/EEC (discharge of dangerous substances) as amended is not 
properly monitored. 
With respect to air pollution, clean-up programmes in sensitive areas 
(Directives 80/779/EEC, 82/884/EEC and 85/203/EEC) and effective remedial 
measures are almost completely lacking. Furthermore, the Ctammission has 
not received any plans for the elimination of emissions under the Directive 
on large combustion plants (Directive 89/609/EEC). 
As regards waste, Italy was found wanting by the Court of Justice for 
failing to send reports to the Ctammission on the implementation of the four 
Directives; yet the reports have still not been sent. No plans or 
programmes have been drawn up for the management of waste 
(Directive 75/442/EEC) or toxic and dangerous waste (Directive 78/319/EEC). 
In the field of nature conservation, there are a number of cases where 
Directive 79/409/EEC (conservation of wild birds) has not been observed, in 
particular with regard to the protection of habitats and hunting practices. 
The effective application of Directive 85/337/EEC (impact assessment) is 
often hindered by the absence of well-defined and uniform criteria for its 
implementation. 
58. Late transposai 
Luxembourg generally incorporates Directives within the prescribed periods. 
Delays are the exception but have occurred in some areas, such as noise 
pollution and chemical substances and in the implementation of 
Directives 85/337/EEC (impact assessment) and 85/339/EEC (containers for 
liquids for human consumption). Even so, draft legislation on these areas 
already exists and it is to be hoped that the delays will soon be made up. 
59. Partial nonformity 
Luxembourg now makes a special effort to transpose Ctammunity Directives 
correctly by virtual ly incorporating the entire text into its own 
legislation. Only minor discrepancies have been observed. 
- 286 -
Nevertheless, there are problems in the transposai of Directives on the 
environment when an existing legal text has to be amended in line with a 
Directive or when a national Regulation is promulgated using a system or 
definitions that differ from the Directive it transposes. 
60. Effective application 
There are no major problems here. 
Difficulties sometimes arise in the designation of specific zones and 
measures to improve them (bathing water, sulphur dioxide in the air, 
natural habitats). However, the Commission has little information on the 
effective application of Directives since it receives very few complaints 
concerning Luxerrùbourg. 
Ministerial departments are in close contact with the authorities working 
on the ground and the practical application of rules and their consequences 
can be readily discussed between those responsible for drawing up the rules 
and those responsible for implementing them. There is therefore ample 
opportunity for mutual exchange of information and a high degree of 
transparency in national rules and their consequences for all those 
involved, including the general public. This is probably why the 
Commission has hardly received any complaints from individual s or 
non-governmental organizations œncerning practices which might be in 
breach of environmental Directives. 
- 287 -
61. Late transposai 
Despite recent improvements, it is still exceptional for a Oammunity 
Directive to be incorporated into Dutch law within the prescribed period. 
The reasons lie partly in the legislative process itself and partly in a 
lack of motivation to adapt national legislation to Ctammunity requirements, 
compounded by the view that Dutch practices already conform to these 
requirements. Particular mention should be made of Directive 80/68/EEC 
(groundwater), which has still not been transposed despite a judgment by 
the Court of Justice in 1988. 
62. Pa.rt.1 a.1 nonformity 
The Dutch legal system often accords the authorities the power to grant 
general or special exemptions of considerable importance. Such derogation 
clauses are likely to allow the Dutch authorities too much discretion in 
the effective application of Ctammunity rules. 
Moreover, Directives are sometimes transposed by plans, programmes or other 
non-binding instruments, which is unacceptable from the point of view of 
Community law. 
63. Effective application 
In view of the small number of complaints received by the Ctammission, it is 
difficult to give an accurate assessment of the effective application of 
Ctammunity law. 
With respect to water pollution, there seem to be some problems in the 
application of and compliance with Directives 75/440/EEC (surface water) 
and 80/778/EEC (drinking water) and in the application of 
Directive 80/68/EEC (groundwater), which has not yet been incorporated into 
Dutch national law. 
There are few specific problems regarding air quality. As for waste, 
management plans under Directives 75/442/EEC and 78/319/EEC are lacking as 
are reports on the implementation of Ctammunity Directives. 
In the field of nature conservation, the number of wild bird habitats 
designated under Directive 79/409/EEC (only nine) is insufficient. There 
are also problems in the effective application of Directive 85/337/EEC 
(assessment of environmental impact): too many projects have been granted 
exemptions by the Dutch authorities. 
288 -
_Q_ïïk-h 
64. Transposai 
The transitional period accorded to Portugal for the transposai of certain 
Directives on the environment is now at an end, with the exception of 
Directive 76/160/EEC (bathing water) which will not apply there until 1993. 
When Portugal joined the Community, it faced a considerable effort to 
incorporate environment Directives into national law. At present there are 
no major delays in carrying out this process. Measures to improve the 
organization of administration and government have proved successful here. 
65. Conformity with (immunity provisions 
Sometimes the legal texts sent to the Commission do not fully conform to 
Qxnmunity provisions. For example, laws which predate Portugal's accession 
have been presented as implementing measures without having been adapted to 
the exact requirements of Community legislation. 
In other cases Directives have not been fully transposed because of 
problems in the administrative infrastructure; this is true, for example, 
of legislation on birds and rules on hunting and accounts for the lack of 
clean-up programmes in the water and waste sectors. 
66. Effective amplication of environmental provisions 
Portuguese legislation on the environment lacks effectiveness (water, 
waste, nature conservation); Ctammunity provisions therefore enjoy 
remarkable credibility among the population. 
It appears that existing legislation on water is not always properly 
applied in practice. Waste water is often discharged without being 
treated. 
As regards air pollution, the aval lability of unleaded petrol 
(Directive 85/210/EEC) is unevenly distributed over the country as a whole. 
Furthermore, the Ctammission has not received improvement plans or plans for 
the reduction of emissions under Directive 88/609/EEC. 
- 289 -
The waste management plans prescribed in Directives 75/442/EEC 
and 78/319/EEC have not been drawn up. 
As regards nature conservation, the pressure of economic development has 
seriously affected the habitats of wild birds designated under 
Directive 79/409/EEC and hunting practices do not fully comply with the 
requirements of the same Directive. Finally, problems persist in the 
effective application of Directive 85/337/EEC (impact assessment). 
UNITED KnXZTM 
67. Late transposai 
In the past the United Kingdom incorporated Ctammunity Directives into 
national law within the prescribed time limits; today, however, it does so 
with less consistency. Of the nine Directives which entered into force in 
1990, only one was transposed by the required date; for the others there 
were delays of varying length. 
68. Partial conformity 
The practice of using administrative circulars to transpose Directives has 
declined in certain fields, such as air quality and, in particular, water 
pollution - Directives 76/160/EEC (bathing water) and 80/778/EEC (drinking 
water) - since the water policy pursued by the government has made it all 
the more necessary to transpose Community provisions by binding 
legislation. 
The adoption of a derogation to Directive 79/409/EEC (conservation of wild 
birds) was a deliberate act based on the view that the Directive was 
incorrect. The introduction of drinking-water standards which are less 
strict than those laid down in the Directive constitutes improper 
application and should be rectified by amendment of the relevant 
legislation. 
There are a few problems concerning minor derogations in the field covered 
by Directive 85/337/EEC (impact assessment). 
In general, there appear to be no major problems in the conformity of 
national implementing measures with Ctammunity provisions. 
- 290 -
69. Effective application 
Public opinion in the United Kingdom is particularly vigilant and the 
Commission has, in the past, received a large number of complaints; this 
sometimes give the misleading impression that the situation in that country 
is partici.i1.arly serious. 
Nevertheless, the biggest problem concerning the application of Community 
law on the environment is undoubtedly the effective implementation of 
obligations arising from Directives. 
Extensive national programmes have been introduced to improve the quality 
of water, which is often well below the standards set by 
Directives 76/160/EEC (bathing water) and 80/778/EEC (drinking water); 
however, these programmes have themselves given rise to practical 
difficulties. 
As regards waste, plans for the elimination of waste (Directive 75/442/EEC) 
and dangerous waste (Directive 78/319/EEC) are established at local level 
and do not take enough account of Ctammunity requirements. 
In the field of nature conservation, the number of habitats designated 
under Directive 79/409/EEC on the conservation of wild birds (40) seems 
inadequate. There also problems in the effective application of 
Directive 85/337/EEC (impact assessment). 
-291-
V. THE SITUATION SECTOR BY SECTOR 
ALB 
70. Apart from the Directives on specific substances (Directive 75/716/EEC 
on the sulphur content of certain liquid fuels and Directive 85/210/EEC on 
the lead content of petrol), the Ctammunity Directives designed to combat 
air pollution are based on two main priorities: 
authorization for new industrial plant, subject to the use of the best 
available technology not entailing excessive costs; 
the programmes which have to be drawn up and implemented to adapt 
existing industrial plant to the best available technology. The same 
approach is being taken to "sensitive" areas as regards limit values 
for concentrations of sulphur dioxide, suspended particulates, lead 
and nitrogen dioxide. 
The ozone layer is protected by Regulation (EEC) No 3222/88, which is 
directly applicable. 
71. Late transposai 
There is a problem of late transposai of recent Directives. 
Directive 88/609/EEC, for example, required the Member States to do what 
was necessary to adapt their legislation and set up programmes for limiting 
emissions by 1 July 1990, and notify these programmes to the Ctammission 
before the end of December 1990. But by that date only Germany and the 
United Kingdom had sent in a programme and very few Member States had 
notified the Commission of the transposai measures. 
Directives 89/369/EEC and 89/429/EEC on municipal waste incineration plants 
came into force in December 1990. On that date not one Member State had 
notified national implementing measures, though Portugal had notified 
measures implementing one of the Directives before the end of 1990. 
-292-
72. Partial conformity 
The Ctammission's view is that Directives setting limit values for air 
"which must not be exceeded throughout the territory" of the Member States 
must be incorporated in national law in such a way that the limit value in 
figures appears in the national legislation. Germany disagrees, and the 
Commission has brought an action in the Court of Justice, hoping that 
judgment will be given in 1991 and establish specific criteria as to what 
may be demanded of national implementing legislation. 
The incorporation of Directive 84/360/EEC presents problems in Luxembourg 
and the Netherlands as regards the obligation on the part of the 
authorities to demand that new industrial plants use the cleanest 
technologies not entailing excessive costs. Assuming that this obligation 
is imposed in order to achieve the effective application of the Directive, 
a corresponding obligation has to be imposed by national law. 
73. Effective application 
Effective implementation of the protective provisions of all the air 
Directives requires constant activity by the administrative authorities. 
This is especially true of Directives 80/779/EEC, 82/884/EEC and 85/203/EEC 
on the quality of air, which require monitoring stations to be established 
in those areas where, according to the Member States, pollution is at its 
worst. Furthermore, programmes must be drawn up to reduce pollution as 
quickly as possible in areas where the limit values are actually or 
potentially exceeded. 
The highly imprecise wording of the (immunity provisions regarding the 
number of monitoring stations needed has led to disparities between Member 
States. There are more than 200 monitoring stations in Germany, 85 in 
France and 42 in the Netherlands (Directive 85/203), but only 15 in Spain 
and six in the United Kingdom. The Directive's requirement that limit 
values must not be exceeded "throughout the territory" is thus impossible 
to monitor. On several occasions, Member States have answered Commission 
questions about nitrogen dioxide or sulphur dioxide concentrations at 
specific locations by saying that there was no monitoring station there. 
There is likewise a serious problem with the pollution reduction programmes 
in the areas designated by the Member States. The number of programmes 
(eight for the 56 sulphur dioxide and suspended particulates areas under 
Directive 80/779/EEC, none for the four lead-in-air areas under 
Directive 82/884/EEC and none for the 35 nitrogen dioxide areas under 
Directive 85/203), and their effectiveness as means of cjombating pollution, 
appear to be inadequate. 
-293-
Directive 85/210/EEC on the lead content of petrol required a balanced 
distribution of unleaded petrol throughout the Ctammunity by the end of 
1989. Several proceedings have been commenced or are under way against 
those Member States which have failed to ensure this balanced geographic 
distribution. The Commission notes that the introduction of unleaded 
petrol has been swifter in those Member States where there is an 
appreciable difference between the price of leaded and unleaded petrol. 
The Commission has no coherent and reliable information on the application 
of the principle of "the best available technology not entailing excessive 
costs" to new industrial plant, and the Member States have not provided the 
Ctammission with information as to the policies and strategies pursued to 
adapt existing plant to technological requirements. Any investigation by 
the Ctammission has thus to be on a case-by-case basis and is proving 
particularly difficult. 
Nothing can be said at present as to the effective application of 
Directives 88/609/EEC (large combustion plants), 89/369/EEC and 89/429/EEC 
(municipal waste-incineration plants), since they came into force only at 
the end of 1990. 
CHEMICAL SUBSTANCES 
74. Late transposai 
Several Member States are finding it difficult to keep up with the rate of 
adaptations to technical progress of Directive 67/548/EEC and are well 
behind schedule in transposing the dangerous substances Directives. 
The same applies to Directive 88/610/EEC on the prevention of industrial 
accidents, adopted in the wake of the accident at Basle in 1986. The 
Ctammission has commenced proceedings against several Member States for 
failure to notify national implementing measures when this Directive came 
into force on 1 June 1990. 
Finally, Directive 87/18/EEC on good laboratory practice has not been 
transposed in all the Member States. 
-294-
76. Partial conformity 
The main problem of parti al conformity in the chemical substances area 
concerns the transposai of Directive 82/501/EEC on the prevention of 
industrial accidents, as amended. The complex and innovative content of 
this Directive gives rise to divergences between national laws, in 
particular as regards provisions existing before adoption of the Ctammunity 
instruments. 
76. Effective application 
The Commission is devoting special attention to the chemical substances 
Directives. It regularly organizes meetings with experts from the Member 
States to consider the practical and legal problems of implementing the 
Directives and solve problems encountered in their effective application. 
The points at issue mainly concern access by individuals to information, 
provided for by Article 8 of Directive 82/501/EEC, and the notification of 
accidents. 
WATER 
77. Monitoring the -Implementation of the water Directives is proving 
particularly difficult. The Community's approach to combating water 
pollution <3omhines a variety of lines of action - quality objectives, 
limitation of polluting emissions and prior authorizations. Above all, the 
rather imprecise wording of the Community provisions gives water management 
authorities powers of interpretation which - in the absence of uniform 
sampling techniques and frequencies - generate divergences between Member 
States. 
-295-
78. Late transposai 
Protection of water, as of other areas of the environment, is primarily a 
matter for administrative management, and several Member States have taken 
the view that Ctammunity Directives can be properly transposed by 
administrative circulars. A ruling by the Court of Justice in 1981 in a 
case concerning Directive 76/160/EEC on the quality of bathing water did 
not f*undamenta11 y change that attitude and, even today, several proceedings 
are under way to oblige Member States to adopt binding legal instruments to 
transpose the water Directives. This applies mainly to the Directives 
concerned with quality objectives adopted in the seventies. 
79. Partial conformity 
In the field covered by Directive 75/440/EEC (quality of surface water) the 
laws of several Member States derogate from the Directive's requirements, 
using as a basis a declaration in the Council minutes made when 
Directive 76/160/EEC on bathing water was adopted and applying it to water 
which they have designated, whereas the Directive has quite different 
objectives. Italian legislation, for example, specifies that compliance 
with a number of parameters will not be monitored. 
The legislation of several Member States on water for human consumption 
gives cause for considerable concern. In some cases maximum concentrations 
of certain polluting substances have not been specified, and in others 
there is express provision for certain concentrations to be exceeded; such 
derogations existed in Germany (until 1989), Italy and Spain. 
As regards the exceeding of certain values, Germany and the United Kingdom 
have adopted recommendations whose conformity with the requirements of the 
Directive is by no means certain. 
The Commission has asked the Court of Justice to rule on the nature of the 
obligation to incorporate the details of Directive 80/68/EEC on groundwater 
in national law. The Court is expected to give judgment in 1991. 
-296-
80. Effective application 
The effective application of the water Directives is by far the biggest 
problem. Apart from Directive 76/160/EEC, very little information reaches 
the Ctammission. Consequently, complaints from individual s continue to be 
the main source of information. They have been particularly numerous in 
respect of bathing water and water for human consumption. 
As regards the Directives setting quality objectives - 75/440/EEC (surface 
water), 76/160/EEC (bathing water), 78/659/EEC (water for supporting fish 
life), 79/923/EEC (shellfish waters) and 80/778/EEC (water for human 
consumption) - the Member States were required to devise clean-up 
programmes for water not meeting the Directives' requirements so as to 
achieve the quality objectives within the appointed time. Many of the 
requisite programmes have either not been drawn up or not been implemented. 
Consequently, the quality objectives have still not been set and are still 
not being complied with in these cases. Some 20% of the bathing water 
within the scope of Directive 76/160/EEC may be assumed to fall below 
Community standards. Exceeding the maximum concentrations authorized under 
Directive 80/778/EEC (water for human consumption) presents problems in 
many Member States, though not in Denmark. Furthermore, it sometimes 
happens that the parameters laid down in the two Directives are not 
monitored. 
Only three Member States have notified measures relating to shellfish 
waters falling within the scope of Directive 78/659/EEC; four Member 
States have notified measures in respect of Directive 79/923/EEC. 
Not one Member State has notified measures relating to the quality 
objectives set for the substances on list II in Directive 76/464/EEC, and 
at least ten Member States have failed to notify their clean-up programmes. 
Reports to the Ctammission on the application of list I measures are the 
exception rather than the rule and do not provide a reliable picture of the 
effective application of the Directives. 
-297-
NQISE 
81. Ctammunity Directives are designed to cover all noise emissions from 
products. They set limits for noise emissions which may not be exceeded by 
products placed on the market. Given that these maximum limits apply to 
new products, little provision was made for the effective application of 
Ctammunity rules. 
Late transposai triggered a number of proceedings, though there are no 
specific aspects to report. As regards conformity of national laws with 
the Directives, Belgium derogated from Directive 80/51/EEC on noise 
emissions from aircraft by granting an additional period of grace for 
complianoe at regional airports. The Commission commenced emergency 
proceedings and at the beginning of 1991 Belgium informed the Commission 
that the derogation had expired at the end of 1990 and that it did not 
intend to renew it. 
The Commission took the opportunity to ask the Member States to inform it 
whether particularly noisy aircraft were still taking off or landing on 
their territories. No such cases emerged. 
-298-
WASTE 
82. In 1989 the Ctammission published a report on the implementation by the 
Member States of the four waste Directives, i.e. Directives 76/442/EEC 
(waste), 75/439/EEC (waste oils), 76/160/EEC (PCB-PCT) and 78/319/EEC 
(toxic and dangerous waste).32 
This report was based on the limited information available at that time, 
since most of the Member States had failed to provide the Ctammission with 
the three-yearly reports which the Directives required them to submit. 
83. late transposai 
All the Member States have transposed the waste Directives. But 
Directive 85/339/EEC on containers of liquids for human consumption allows 
the Member States to choose between regulations and voluntary agreements 
and therefore does not necessarily need formal transposition. 
However, in many Member States neither regulations nor voluntary agreements 
have come into being as a result of the Directive. The same applies to the 
framework programmes within which legislation or regulations were to be 
adopted or voluntary agreements concluded. 
84. Pa.rtla.l nonformity 
Monitoring the conformity of national law with Ctammunity provisions in the 
field of waste is rendered particularly difficult as there have been 
substantial amendments, especially to Directives 75/442/EEC (waste), 
78/403/EEC (PCB-PCT), 78/319/EEC (dangerous waste), 84/631/EEC (waste 
transport) and 85/339/EEC (containers of liquids for human consumption). 
It was frequently found to be inadvisable, if not impossible, to commence 
Article 169 proceedings against a Member State when a Ctammunity provision 
was likely to be amended by a new Council Directive. 
Directives 75/442/EEC and 78/318/EEC provide that (dangerous) waste should 
be disposed of "without endangering human health and without harming the 
environment, and in particular ... without risk to water, air, soil and 
plants, and animals ... ". In strictly legal terms such a clause can 
readily be incorporated in a national provision but will be difficult to 
comply with when dangerous waste is actually disposed of. 
32 Ctammission, SEC(89)1455 final, 27 September 1989. 
-299-
Moreover, the Member States and the Ctammission disagree on the question 
whether the waste Directives should be adopted on the basis of Article 100a 
or Article 130s. The Commission has brought an action in the Court for 
clarification of this question. Finally, while the Court's 1990 rulings 
affirmed that recyclable waste was in fact waste, some Member States are 
classifying such waste as products and thus withdrawing it from the 
provisions applicable to waste. 
These difficulties, staff shortages and the fact that there was no 
monitoring of the application of environmental legislation before 1983 have 
made it hard to check sYStematically whether national provisions are in 
conformity with Community provisions. The same is true where the 
Directives provide for the adoption of national waste disposal plans or 
programmes, which are never notified to the Ctammission when they have been 
drawn up. 
In cases involving effective application which have been drawn to its 
attention, the Commission's main action has therefore been to check whether 
national laws are in conformity with the provisions of Ctammunity law. 
85. Effective application 
Directives 75/42/EEC and 78/319/EEC require Member States to designate the 
authority or authorities responsible in a specific area for planning waste 
disposal, the content of the plans being determined by the Directives. As 
regards dangerous waste, only three Member States have notified disposal 
plans to the Commission. Germany has notified programmes covering only 
part of its territory and without complying with the requirements of the 
Directive. The other Member States have not notified their plans. 
Directive 85/339/EEC requires Member States to establish and implement 
programmes designed to reduce containers for liquids for human consumption. 
Five Member States have submitted no programmes; the others have done so, 
though sometimes long after the deadline. 
Directives 75/442/EEC (waste), 75/439/EEC (waste oils), 76/403/EEC 
(PCB-PCT) and 78/319/EEC require the Member States to send a report on 
their implementation to the Commission every three years. Almost all have 
failed to do so. The Ctammission therefore sent a detailed questionnai re to 
the Member States on each of these Directives. Seven Member States 
replied. The Ctammission initiated proceedings against those which did not. 
It should be noted that the questions asked were more concerned with the 
conformity of national measures than their effective application. 
-300-
Directive 85/339/EEC requires the Member States to submit reports by the 
end of 1990. To date not a single report has reached the Commission. The 
Member States should also have submitted to the Commission a two-yearly 
report on Directive 84/631/EEC in 1987 and 1989. Once again, not a single 
Member State has yet fulfilled this obligation. 
Complaints, occasional petitions, parliamentary questions and the media are 
the Commission's only source of information on damage to the environment 
provoked by waste disposal. 
For example, it often happens that a private citizen - directly suffering 
the nuisance of a badly-managed rubbish dump or finding his favourite 
bathing place polluted - is unable to make any headway against the 
complacency of his national authorities and finally complains to the 
Commission. Sometimes, even, his sole motive is fear. 
The implementation of Community provisions on waste is extremely 
problematical in most Member States. Detailed waste disposal plans and 
programmes, in particular those devoted to dangerous waste, are few and far 
between, and such programmes as do exist do not always seem to be managed 
satisfactorily. The Directives' aim of disposing of (dangerous) waste 
without danger to human beings and the environment is far from being 
achieved. The monitoring of the cross-frontier carriage of toxic waste is 
hampered by the lack of transparency. 
It is -therefore not surprising to discover that the establishment of new 
waste disposal facilities is causing considerable anxiety among the members 
of the public affected by it and that the completion of the single market 
is perceived as something of a threat. Stronger national and Ccmimunity 
monitoring of the implementation of the Directives on waste is becoming 
inevitable. 
NATURE 
86. Directive 83/129/EEC, as amended, bans imports of skins of certain 
seal pups and products derived therefrom. The Commission checks the 
conformity of national provisions with those of the Directive. The 
Directive does not provide for notification to the Commission of any 
information regarding its effective application. Consequently, the 
Ctammission only has import and export statistics to work from, and they are 
published long after the event. And such statistics are not specific 
enough to enable the Commission to monitor compliance with the import ban 
effectively. 
-301-
Regulation (EEC) No 3626/82 on a Convention on international trade in 
endangered species of wild flora and fauna is directly applicable in the 
Member States. Its application is monitored by the Committee on the 
Convention, which meets regularly to coordinate the practice of the 
relevant authorities in the Member States. Article 169 proceedings are the 
exception. 
As already pointed out above (point 24), the Commission does not monitor 
the application of the Berne Convention on endangered species or the Bonn 
Convention on migratory species, although the (immunity is a contracting 
party to both. 
The two most important Directives in the field of nature protection are 
Directive 79/409/EEC on the conservation of wild birds and 
Directive 85/337/EEC on the assessment of certain public and private 
projects on the environment, though the latter also concerns matters other 
than nature protection. 
87. Late transposai 
All twelve Member States now have legislation incorporating 
Directive 79/409/EEC on the conservation of wild birds. 
Luxembourg was the only Member State which on 31 December 1990 had not 
transposed Directive 85/337/EEC. Greece, Portugal and Germany took the 
necessary legislative action in 1990, almost two years after the Directive 
had come into force (3 July 1988). The result is that projects falling 
within the scope of the Directive which were authorized after 3 July 1988 
but before the legislation came into force often - depending on the 
attitude of the national authorities - escaped the impact assessment. 
Portugal, the United Kingdom and Germany actually so provided in their 
national law, which appears incompatible with the Directive. 
-302-
88. Pa.rtia.1 ocnformity 
Not one Member State was able to transpose Directive 79/409/EEC on the 
conservation of wild birds by means of a single piece of legislation or 
subordinate instrument. For one thing, the power to legislate for nature 
protection is often regionalized (Belgium, Germany, Italy, Spain and the 
United Kingdom). Even in a country like France, regulations related to 
hunting are partly adopted by the département - and annually as well. For 
another, measures incorporating the Directives variously cover nature 
protection, the protection of endangered species and hunting and are thus 
to be found in traditionally separate instruments. 
The Ctammission consequently has to examine more than fifty interdependent 
regulatory rmstruments without being able to keep up with the frequent 
amendments to them. 
In many Member States hunting regulations, introduced well before the 
adoption of the Ctammunity Directive, have not been adapted to the 
requirements of the Directive; this may well have something to do with the 
influence of pressure groups. The Commission has therefore commenced 
proceedings for partial conformity against most of the Member States, 
including the United Kingdom, Germany, Denmark and the Netherlands. The 
Court of Justice has already given judgment in two cases against Germany 
and the Netherlands on the grounds of partial conformity of several of 
their national provisions, but these Member States have not responded with 
the necessary amendments. 
Overall, the Commission has commenced proceedings in about 20 cases against 
hunting regulations and practices which it believes to be in conflict with 
the Directive's requirements. 
Another problem involves the Member States' provisions allowing 
derogations, which are authorized by the Directive (Article 9) under 
certain circuinstances. The very general wording of the Directive has given 
rise to a number of excessively generous derogations. 
Assessment of the conformity of national provisions incorporating 
Directive 85/337/EEC is complicated by the fact that they were adopted only 
recently. The Commission is of course continuing to scrutinize national 
regulations, some of which are highly complex because of the regional 
factor, and has already commenced Article 169 proceedings in several cases. 
-303-
Tne most serious problem so far discovered concerns the incorrect 
incorporation of the provisions relating to the assessment of the 
environmental Impact of projects in Annex II. The Commission interprets 
Articles 2 and 4(2) of the Directive as not allowing the Member States full 
discretion as regards the advisability of an impact assessment. The 
assessment must be made where the nature, size and location of a project so 
require. The Commission is therefore of the opinion that national 
legislation must specify that each case be considered on its own merits or 
must itself lay down criteria for the projects covered by Annex II. 
89. Effective application 
Effective application of Directive 79/409/EEC is the most important problem 
in the area of monitoring the implementation of environmental provisions. 
This Directive requires the Member States to designate habitats for 
especial ly endangered birds (Annex I) and to take specific conservation 
measures within them. Designated habitats are meant to form a coherent 
European network capable of ensuring the conservation and survival of these 
birds. So far, some 600 habitats have been designated, but the Commission 
takes the view that twice as many are needed. It considers that only 
Denmark and Belgium have fully met their obligations. 
The proceedings commenced by the Commission are predominantly concerned 
with two situations - the inadequate number of habitats designated, and the 
destruction of a habitat by economic activities (agriculture, industry, 
construction, tourism, infrastructure), sometimes receiving financial 
support from the structural Funds. In almost every case, striking a 
balance between economic interests and environmental requirements is 
proving particularly delicate. The Commission hopes to obtain guidance on 
the interpretation of Article 4 from the Court of Justice in a case it has 
brought against Germany over a designated habitat. 
There is little the Commission can do to monitor the effective application 
of actual derogations, as the requisite annual national reports are either 
not submitted or are couched in such general terms that it is impossible to 
tell from them whether the spirit and the letter of Article 9 have in fact 
been complied with. 
In most of the Member States, implementation of Directive 85/337/EEC is 
still in its infancy. 
-304-
In all but the really extreme cases, the Ctammission refrains from taking 
action on the quality of impact studies and the resultant assessment, since 
the Directive is neutral on this point. Consequently, even where the 
procedure laid down by the Directive is formally complied with, impact 
studies are often of a mediocre quality and almost always underestimate the 
harm to the environment. Furthermore, the opinions expressed by 
individual s at public inquiries are not validly taken into consideration by 
the authorities. The impact assessment thus often turns out to be a formal 
procedure intended to justify the implementation of a project which has 
been decided on in advance on the basis of economic and technical criteria. 
- 305 -
VI. GENERAL CCMC3JJSI0NS 
90. This annex on monitoring the application of Community provisions on 
the environment is not a report on the state of the environment. It is no 
more than a brief description of a few of the problems which in the 
Commission's view arise when environment law adopted at Ctammunity level 
comes to be implemented. Since the instruments (the Treaty) available to 
the Ctammission for monitoring are of a formal and legal nature, the legal 
aspect was bound to predominate in this annex. 
91. It must be noted that Community directives are seldom transposed in 
the national law of the Member States within the period they prescribe. 
The situation is made worse by the fact that in most Member States 
management of the environment law is considered to be an administrative 
question and that numerous circilars, administrative rules and other 
instruments obscure the transparency of this area of the law. 
92. Cases of non-conformity of national provisions with Community 
environment measures are relatively numerous. There are few cases where a 
Community directive is incorporated in national law by a single instrument. 
Where several instruments are applicable at national level, the references 
and cross-references between them further obscure the transparency of the 
applicable provisions, particularly for individuals, firms, the authorities 
and the Commission. 
The Commission has systematically asked the Member States to send it 
synoptic tables clearly showing which national norm incorporates a 
Ctammunity provision into national law. So far, such information is the 
exception. 
93. The most pressing problem concerns the practical application of 
environmental provisions by the Member States and the Commission's 
obligation to ensure that it happens. 
306 -
It has already been said that the Member States do not generally forward 
reports on the -Lntplementation of environmental provisions, although many 
directives clearly, specifically and unambiguously require them to do so. 
The Ctammission therefore has to turn to other sources of information. 
Studies commissioned from private contractors are of limited value: in 
many cases the contractors do not have access to data held by private firms 
or even to data held by authorities responsible for monitoring situations 
and authorizing projects or by other local, regional or national 
authorities. When the Ctammission sends a letter or questionnai re seeking 
specific information on the practical application of this or that 
directive, it is very rare for all the Member States to respond. To give 
but one example, the Commission still has no precise information on the 
quality of drinking water in the Member States despite several attempts. 
It is to be hoped that the situation will improve when the European 
Environment Agency, to be established as decided in 1990, becomes 
operational; its task will be to collect, process and disseminate 
objective and reliable data on the state of the environment, cooperating to 
this end with institutions and information networks in the Member States. 
94. At present, the Commission's main source of information on failures 
to apply (immunity environmental provisions is the complaint. When a 
cxjmplaint is lodged the Commission undertakes a scrutiny procedure during 
which a Member State may be asked for information. This arrangement is 
being used more and more; it constitutes a form of sample survey which, 
without being systematic, at least makes it possible to monitor the 
application in some cases. The complaints procedure allows private 
individuals to do something about "their" environment and to contribute 
thereby to a people's Europe. This is not the place to describe in detail 
the benefits and drawbacks of the complaint system, but the Commission 
would point out at least two drawbacks. First, the system depends on 
complainants' motivation and dynamism. Since environmental pollution is 
perceived with varying degrees of concern by public opinion in the Member 
States, the uneven geographical distribution of complaints could result in 
uneven scrutiny of the application of Ctammunity directives. Second, the 
- 307 -
procedure under Article 169 of the Treaty is so cumbersome that problems 
raised in complaints will not be solved rapidly. 
The high number of complaints and the limited resources available to the 
Commission make systematic and specific scrutiny impossible. Private 
individuals do not make full use of the possibility of obtaining redress 
from national authorities or courts before bringing their environmental 
concerns to Community institutions. 
The present situation regarding the practical application of Ctammunity 
environment law is far from satisfactory, and this is also due to the lack 
of adequate monitoring machinery. The Commission will look into ways of 
boosting and -Lntprcving this -machinery. 
95. The practical application of Ctanrntunity environment measures 
encounters other obstacles due to their very nature. They are often 
formulated in such a vay as to entrust protection of the environment to 
national, regional or local authorities. When they do not implement 
environmental provisions, either because they lack the means or for some 
other reason, the environmental protection envisaged by the Ctammunity 
:Lnstrument is not achieved. For example, several directives require the 
Member States to establish and implement management or clean-up programmes, 
which in turn require continuous activity by the authorities; yet this is 
often lacking. Again, implementing the concept of Ccmrniunity law of use of 
clean technology without excessive costs calls for continuous and detailed 
activity by the authorities, without which it is likely to remain a dead 
letter. 
-308-
The Ctammunity law of the environment, which is inevitablY less specific 
than national law, contains a number of general notions which must be 
implemented daily if they are to produce their full effect. This is all 
the more necessary as the main threat to the Community environment does not 
come from natural disasters but from a wide range of contaminants and 
pollutants discharged day by day and steadily building up. 
96. In 1990 the Commission took a number of measures to improve the 
monitoring of the application of Ctammunity law on the environment. 
It presented a proposal for a Council directive harmonizing and 
rationalizing the Member States' reports on the application of environment 
directives. The proposal would provide a legal basis for reports to be 
drawn up every three years in aocordance with a questionnaire prepared by 
the Commission sector by sector (water, air, etc. ) rather than directive 
by directive. The Commission hopes that the Council will adopt this 
directive in the near future so that it will no longer be necessary to use 
the Article 169 procedure every time a reports fails to materialize. 
97. The Ctammission has begun holding package meetings with the Member 
States' administrative authorities to discuss a whole set of complaints or 
infringement proceedings so as to clarify the facts, find solutions to the 
problems and generally promote cooperation in implementing Community law on 
the environment. Such meetings have been held with Spain (twice), Greece 
(twice), Portugal, the Netherlands, Germany, Belgium and Ireland. The 
Ctammission is planning to hold further such meetings to make formal 
infringement proceedings unnecessary. 
98. The Commission is also considering whether the question of formal and 
effective application of a directive in the Member States should be a 
routine item on the agenda for these meetings. Exchanging experience with 
the application of Community directives in the Member States could make a 
useful contribution to improving the implementation of environment 
provisions. 
-309-
99. More generally, the Ctammission is looking into the possibility of a 
proposal for a Council directive setting up an environmental coraplaints 
system whereby individual s would lodge complaints with a body in the Member 
State concerned. The Commission would intervene only if the national 
authorities failed to solve the problem and end the infringement of 
Ctammunity law or failed to deal with the complaint within a reasonable 
time. A decentralized system could prevent the concentration of complaints 
at Community level and encourage the citizen to seek a solution at the 
actual place of the alleged "offence" against the environment. 
Lastly, the Commission will consider whether the environment might not be 
better protected if environmental bodies and private individual s were given 
the power to take action in the courts. 
100. The Ctammission plans to publish an annex on monitoring the 
application of Ctammunity environment law every year. It believes this 
would contribute to the protection, preservation and Improvement of the 
environment in the (immunity. At the same time, Ctammunity attempts to 
monitor the application of environment rules can serve as an example to 
other international bodies. 

- 310 -
ANNEX I 
LIST OF DIRECTIVES OCMSRED BY ANNEX C 
This list gives the -numbers of antenrîïng Directives but does -cot Include 
amendments made to Directives to allow for the accession to the Community 
of Greece, Spain and Portugal and the new German Lander. 

- 311 -
A - AIR 
A.l Counoil Directive 75/716/EEC of 24 November 1975 on the 
approximation of the laws of the Member States relating to the 
sulphur content of certain liquid fuels (amended by 
Directive 87/219/EEC) 
OJ L 307, 27.11.1975, p.22 
A.2 Council Infective 80/779/EEC of 15 July 1980 on air quality limit 
values and guide values for sulphur dioxide and suspended 
particulates (amended by Directive 89/427/EEC) 
OJ L 229, 30.8.1980, p.30 
A.3 Ooni-no.ii Directive 82/884/EEC of 3 December 1982 on a limit value 
for lead in the air 
OJ L 378, 31.12.1982, p.15 
A.4 Counoil Direotive 84/360/EEC of 28 June 1984 on the combating of 
air pollution from industrial plants 
QJL 188, 16.4.1984, p.20 
A.5 Council Directive 85/203/EEC of 7 March 1985 on air quality 
standards for nitrogen dioxide 
OIL 87, 27.3.1985, p.l 
A.6 Oounoil Direotive 85/210/BEC of 20 March 1985 on the approximation 
of the laws of the Member States concerning the lead content of 
petrol (amended by Directive 87/416/EEC) 
QJL 96, 3.4.1985, p.25 
A.7 Council Directive 88/609/EEC of 24 November 1988 on the limitation 
of emissions of certain pollutants into the air from large 
combustion plants 
QJL 336, 7.12.1988, p.l 
A.8 Council Direotive 89/369/EEC of 8 June 1989 on the prevention of 
air pollution from new municipal waste incineration plants 
OJ L 163, 14.6.1989, p.32 
A.9 Council Direotive 89/429/EEC of 21 June 1989 on the reduction of 
air pollution from existing municipal waste-incineration plants 
0JL203, 15.7.1989, p.50 
- 312 -
B - CHEMICAL SUBSTANCES 
B.l Council Directive 79/831/EEC of 18 September 1979 amending for the 
sixth time Directive 67/548/EEC on the approximation of the laws, 
regulations and administrative provisions relating to the 
classification, packaging and labelling of dangerous substances 
(amended by Directives 81/957/EEC 
82/232/EEC 
83/467/EEC 
84/449/EEC 
86/431/EEC 
87/432/EEC 
88/302/EEC 
88/490/EEC 
90/517/EEC) 
OJ L 259, 15.10.1979, p.10 
B.2 Council Directive 82/501/BEC of 24 June 1982 on the major accident 
hazards of certain industrial activities 
(amended by Directives 87/216/EEC and 88/610/EEC) 
QJL 230, 5.8.1982, p.l 
B.3 Council Directive 87/18/EEC of 18 December 1986 on the 
harmonization of laws, regulations and administrative provisions 
relating to the application of the principles of good laboratory 
practice and the verification of their applications for tests on 
chemical substances 
OJ L 15, 17.1.1987, p.29 
B.4 Council BiJ^otive 87/217/EEC of 19 March 1987 on the prevention and 
reduction of environmental pollution by asbestos 
OJ L 85, 28.3.1987, p.40 
- 313 -
C - WATER 
Cl Council Direotive 75/440/EEC of 16 June 1975 concerning the quality 
required of surface water intended for the abstraction of drinking 
water in the Member States 
QJL 194, 25.7.1975, p.26 
C.2 Council Direotive 76/160/EEC of 8 December 1975 concerning the 
quality of bathing water 
OJ L 31, 5.2.1976, p.l 
C.3 Council Directive 76/464/EEC of 4 May 1976 on pollution caused by 
certain dangerous substances discharged into the aquatic 
environment of the Ctammunity 
OJ L 129, 18.5.1976, p.23 
C.4 Council I&rective 78/659/EEC of 18 July 1978 on the quality of 
fresh waters needing protection or improvement in order to support 
fish life 
OJ L 222, 14.8.1978, p.l 
C.5 Council Directive 79/869/EEC of 9 Ootober 1979 concerning the 
methods of measurement and frequencies of sampling and analysis of 
surface water intended for the abstraction of drinking water in the 
Member States 
OJ L 271, 29.10.1979, p.44 
C.6 Council Directive 79/923/EEC of 30 Ootober 1979 on the quality 
required of shellfish waters 
OJ L 281, 10.11.1979, p.47 
C.7 Council Directive 80/68/EEC of 17 December 1979 on the protection 
of groundwater against pollution caused by certain dangerous 
substances 
OJ L 20, 26.1.1980, p.43 
C.8 Counoil Direotive 80/778/EEC of 15 July 1980 relating to the 
quality of water intended for human consumption 
OJ L 229, 30.8.1980, p.11 
C.9 Council Directive 82/176/EEC of 22 March 1982 on limit values and 
quality objectives for mercury discharges by the chlor-alkali 
electrolysis industry 
OJ L 81, 27.3.1982, p.29 
CIO Council Direotive 83/513/EEC of 26 September 1983 on limit values 
and quality objectives for cadmium discharges 
OJ L 291, 24.10.1983, p.l 
Cll Council Directive 84/156/EEC of 8 March 1984 on limit values and 
quality objectives for mercury discharges by sectors other than the 
chlor-alkali electrolysis industry 
OJ L 74, 17.3.1984, p.49 
- 314 -
C12 Council Direotive 84/491/EEC of 9 Ootober 1984 on limit values and 
quality objectives for discharges of hexachlorocyclohexane 
OJ L 874, 17.10.1984, p. 11 
C13 COfuncil Direotive 86/280/EEC of 12 June 1986 on limit values and 
quality objectives for discharges of pertain dangerous substances 
included in List I of the Annex to Directive 76/464/EEC (amended by 
Directives 88/347 and 90/415) 
OJ L 181, 4.7.1986, p.16 
- 315 -
D - NOISE PQLLUTICN 
D.l G-jamcil Direotive 80/51/EEC of 20 December 1979 on the limitation 
of noise emissions from subsonic aircraft (amended by 
Directive 83/206/EEC) 
OJL 18, 24.1.1980, p.26 
D.2 Council Direotive 84/533/EEC of 17 September 1984 on the 
approximation of the laws of the Member States relating to the 
permissible sound power level of compressors (amended by 
Directive 85/406/EEC) 
OJ L 300, 19.11.1984, p. 123 
D.3 Council Direotive 84/534/EEC of 17 September 1984 on the 
approximation of the laws of the Member States relating to the 
permissible sound power level of tower cranes (amended by 
Directive 87/405/EEC) 
OJ L 300, 19.11.1984, p.130 
D.4 Cow-moil Direotive 84/535/EEC of 17 September 1984 on the 
approximation of the laws of the Member States relating to the 
permissible sound power level of welding generators (amended by 
Directive 85/407/EEC) 
OJ L 300, 19.11.1984, p.142 
D.5 Council Directive 84/536 of 17 September 1984 on the approximation 
of the laws of the Member States relating to the permissible sound 
power level of power generators (amended by Directive 85/408/EEC) 
OJ L 300, 19.11.1984, p.149 
D.6 Council Direotive 84/537/EEC of 17 September 1984 on the 
approximation of the laws of the Member States relating to the 
permissible sound power level of powered hand-held 
concrete-breakers and picks (amended by Directive 85/409/EEC) 
OJ L 300, 19.11.1984, p.156 
D.7 Council Direotive 84/538/EEC of 17 September 1984 on the 
approximation of the laws of the Member States relating to the 
permissible sound power level of lawnmowers (amended by 
Directives 87/252/EEC, 88/180/EEC and 88/181/EEC) 
OJ L 300, 19.11.1984, p. 171 
D.8 Council Directive 86/594/EEC of 1 December 1986 on airborne noise 
emitted by household appliances 
OJ L 344, 6.12.1986, p.24 
D.9 Council Direotive 86/662/EEC of 22 December 1986 on the limitation 
of noise emitted by hydraulic excavators, rope-operated excavators, 
dozers, loaders and excavator-loaders (amended by 
Directive 89/514/EEC) 
OJ L 384, 31.12.1986, p.l 
D.10 Council Directive 89/629/EEC of 4 Deoember 1989 on the limitation 
of noise emission from civil subsonic jet aeroplanes 
OJ L 363, 13.12.1989, p.27 
- 316 -
E - WASTE 
E.l Ctounoil Directive 75/439/EEC of 16 June 1975 on the disposal of 
waste oils (amended by Directive 87/101/EEC) 
OJ L 194, 25.7.1975, p.23 
E.2 Council Directive 75/442/EEC of 15 July 1975 on waste 
OJ L 194, 25.7.1975, p.39 
E.3 Council Directive 76/403/EEC of 6 April 1976 on the disposal of 
polychorinated biphenyls and polychlorinated terphenyls 
OJ L 108, 26.4.1976, p.41 
E.4 Council Directive 78/176/EEC of 20 February 1978 on waste from the 
titanium dioxide industry (amended by Directive 83/29/EEC) 
OJ L 54, 25.2.1978, p.19 
E.5 Council Directive 78/319/EEC of 20 March 1978 on toxic and 
dangerous waste 
OJ L 84, 31.3.1978, p.43 
E.6 Council Direotive 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 L 378, 31.12.1982, p.l 
E.7 Council Directive 84/631/EEC of 6 December 1984 on the supervision 
and control within the European Community of the transfrontier 
shipment of hazardous waste (amended by Directives 86/121/EEC, 
86/279/EEC and 87/112/EEC) 
OJ L 326, 13.12.1984, p.31 
E.8 Council Directive 85/339/EEC of 27 June 1985 on containers of 
liquids for human consumption 
OJ L 176, 6.7.1985, p.18 
E.9 Council Directive 86/278/EEC of 12 June 1986 on the protection of 
the environment, and in particular of the soil, when sewage sludge 
is used in agriculture 
OJ L 181, 4.7.1986, p.6 
E.10 Council Directive 89/428/EEC of 21 June 1989 on procedures for 
harmonizing the programmes for the reduction and eventual 
elimination of pollution caused by waste from the titanium dioxide 
industry 
OJ L 201, 14.7.1989, p.56 
- 317 -
F - NATURE AND THE LIVING ENVIRONMENT 
F.l Council Direotive 79/409/EEC of 2 April 1979 on the conservation of 
wild birds (amended by Directive 85/411/EEC) 
OJ L 103, 25.4.1979, p.l 
F.2 Coimcl.1 Regulation (EEC) No 3626/82 of 3 December 1982 on the 
implementation in the Ctammunity of the Convention on international 
trade in endangered species of wild fauna and flora (amended by 
various Regulations which apply directly) 
0JL384, 31.12.1982, p.l 
F.3 Council Directive 83/129/EEC of 28 March 1983 concerning the 
importation into Member States of skins of certain seal pups and 
products derived therefrom (amended by Directives 83/129/EEC 
and 89/370/EEC) 
OJ L 91, 9.4.1983, p.30 
F.4 Council Directive 85/337/EEC of 27 June 1985 on the assessment of 
the effects of certain public and private projects on the 
environment 
OJ L 175, 5.7.1985, p.40 
F.5 Council Directive 86/609/EEC of 24 November 1986 on the 
approximation of laws, regulations and administrative provisions of 
the Member States regarding the protection of animals used for 
experimental and other scientific purposes 
OJ L 358, 18.12.1986, p.l 

- 318 -
ANNEX 
NUMBER OF COMPLAINTS AND CASES DETECTED BY THE 
COMMISSION'S OWN INQUIRIES 
ENVIRONMENT COMMISSION 
Year Complaints 
1982 
1983 
1984 
1985 
1986 
1987 
1988 
1989 
1990 10 
8 
9 
37 
165 
150 
216 
465 
480 Cases detected 
by Commission 
2 
10 
32 
38 
33 
60 
42 Total 
complaints 
352 
399 
476 
585 
791 
850 
1 137 
1 195 
1 252 Cases detected 
by Commission 
112 
192 
145 
244 
293 
260 
307 
352 
283 
CORRIGENDUM ANNtA 
Number of proceedings initiated, by stage of proceedings S ft 
Envi ronment Comni s s i on Reasoned opinions and ! 
[referrals executed in ] 
|199U (environment) 
Reasoned" 
opinions ' Letters of 
• formal notice Reasoned 
opinions Referrals 
to Court Letters of 
formal notice Reasoned 
opinions [Referrals 
•to Court Referrals 
Î1982Ï 
I1983I 
I1984! 
I1985! 
I1986! 
Ï1987Î 
I1988I 
I1989! 
',1990! 16 
35 
65 
69 
134 
159 
93 
101 
167 7 
1 
33 
26 
11 
24 
71 
26 
39 2 
23 
10 
3 
11 
21 
14 335 
289 
454 
503 
516 
572 
569 
664 
960 157 
83 
148 
233 
164 
197 
227 
180 
251 45 
42 
54 
113 
71 
69 
73 
96 
77 BEL 
D 
EK 
EL 
ES 
F 
IRL 
I 
PB 
L 
P 
IK 
Total 39 14 
Proceedings initiated, by legal basis 
cnvi ronment Conmi s s i on 
, No measures. Not properly. Not properly .Treaties and. TotaK*) ! No measures; Not properly jNot properly Treaties ancj T/otalC*!) 
, notified , incorporated, applied Regulations . .notified •incorporated » applied • Regulations » 
1982! 
1983! 
1984! 
1985! 
1986! 
1987! 
1988! 
1989! 
1990! 15 
23 
48 
58 
84 
68 
36 
46 
131 1 
10 
15 
10 
32 
30 
24 
17 
24 2 
2 
1 
9 
58 
30 
37 
62 16 
35 
65 
69 
134 
158 
93 
101 
220 206 
140 
222 
257 
268 
260 
282 
327 
616 10 
19 
46 
30 
51 
42 
33 
25 
37 37 
27 
17 
14 
54 
125 
117 
169 
162 82 
103 
169 
202 
143 
145 
137 
143 
145 335 
289 
454 
503 
516 
572 
569 
664 
960 
(* ) The total number of proceedings initiated in the period 1982-89 refers solely to letters of notice served. 
-320-
ANNEX 3/2 
fi? Tl T?ftr*!KMRKR 1QQH 
(1) By sector and legal basis 
Air 
Chemicals 
Water 
Noise 
Waste 
Nature No 
measures 
notified 
10 
21 
9 
19 
20 
4 
Total 83 Not 
properly 
incorporated 
16 
5 
31 
2 
9 
7 
70 Not 
properly 
applied 
11 
1 
72 
47 
87 
218 Total 
37 
27 
112 
21 
76 
98 
371 
(2) By sector and stage of proceedings 
Letter of 
formal 
notice 
Air 
Chemicals 
Water 
Noise 
Waste 
Nature 
Total 15 
13 
25 
2 
30 
30 
115 Reasoned 
opinion Referral 
to Court 
15 
11 
58 
18 
33 
55 
190 7 
3 
29 
1 
13 
13 
66 Total 
37 
27 
112 
21 
76 
98 
371 
321 - ANNEX g/g 
(3) Situation compared with 1989 
(a) by legal basis 
31.12.1989 
31.12.1990 No measures 
notified 
60 
83 Not Not properly 
properly applied 
•Lncorporated 
90 
70 213 
218 Total 
362 
371 
(b) by stage of proceedings 
Letter of Reasoned 
formal opinion 
notice Referral Total 
31.12.1989 
31.12.1990 242 
115 76 
190 44 
66 362 
371 
(c) by sector 
31.12.1989 31.12.1990 
Air 
Chemicals 
Water 
Noise 
Waste 
Nature 32 
25 
104 
13 
62 
129 37 
27 
112 
21 
76 
98 
Total 362 371 
(1) 
(2) The figures include the cases on which the Commission 
had taken a decision by 31 December each year. 
Following a change in oiicumstances, a decision may not 
have been executed. 
Proceedings concerning Direotive 85/337 (impact 
assessment) are included under Nature. 
-322-
ANNEX 4 
STXariFICANT OOORT OF eTO^r-THE >mnra<*RMTR 
(XNCERNING THE -F^rTlNHf^ 
Case 
141/78 
21/79 
32/79 
91/79 
92/79 
804/79 
30 to 
34/81 
68/81 
69/81 
70/81 
71/81 
72/81 
73/81 
50 to 
58/82 
172/82 
295/82 
173/83 Parties 
France 
Commission 
v Italy 
Ctammission 
v UK 
Commission 
v Italy 
Commission 
v Italy 
Commission 
v UK 
Commission 
v Italy 
Commission 
v Belgium 
ditto 
ditto 
ditto 
ditto 
ditto 
Dorca 
Marina 
Inter-
Huiles 
Rhône Alpes 
Huiles 
Commission 
v France Subject 
Sea fisheries 4.10.79 
Petroleum 8.1.80 
products 
Sea fisheries 10.7.80 
Detergents 18.3.80 
Sulphur content 18.3.80 
Sea fisheries 5.8.81 
Waste oils 17.12.81 
Surface waster 
Waste 
Bathing water 
Disposal of poly­
chlorinated bi-
phenYls + triphenyls 
Titanium dioxide 2.2.82 
industry 
Waste 2.2.82 
Waste oils 2.2.82 
Disposal of poly- 2.2.82 
chlorinated bi-
phenYls + triphenyls 
Bathing water 2.2.82 
Surface water 2.2.82 
Fisheries 28.10.82 
Waste oils 10.3.83 
Waste oils 9.2.84 
Waste oils 7.2.85 Date of 
Judgment Reported 
[1979] ECR 2923 
[1980] ECR 1 
[1980] ECR 2403 
[1980] ECR 1099 
[1980] ECR 1115 
[1981] ECR 1045 
[1981] ECR 3379 
[1982] ECR 153 
[1982] ECR 163 
[1982] ECR 169 
[1982] ECR 175 
[1982] ECR 183 
[1982] ECR 189 
[1982] ECR 3949 
[1983] ECR 555 
[1984] ECR 575 
[1985] ECR 491 
-323-
Case 
240/83 
187/84 
239/85 
1/86 
372 to 
374/85 
134/86 
14/86 
247/85 
262/85 
291/84 
412/85 
208/85 
236/85 
278/85 
227,228 
229 and 
230/85 
429/85 
302/86 
309/86 
252/85 
322/86 Parties 
ADBHCT 
Caldana 
Commission 
v Belgium 
ditto 
Traen Subject 
Commission 
v Belgium 
Pretore di 
Salô 
Commission 
v Belgium 
Commission 
v Italy 
Commission 
v Nether land s 
Commission 
v Germany 
ditto 
Commission 
v Netherlands 
Commission 
v Denmark 
Commission 
v Belgium 
Ctammission 
v Italy 
Commission 
v Denmark 
Commission 
v Italy 
Commission 
v France 
Commission 
v Italy Waste oils 
Dangerous subst. 
Waste disposal 
Groundwater 
Waste 
Biodegradability 
Water pollution 
Wild birds 
Wild birds 
Groundwater 
Wild birds 
Dangerous subst. 
Wild birds 
Dangerous subst. Date of 
Judgment 
Titanium dioxide, 
waste, 
waste oils 
Dangerous subst. 
Packaging 
Biodegradability 
Wild birds 
Protection of 
fresh waters 7.2.85 
26.9.85 
2.12.86 
17.6.87 
12.5.87 
4.6.87 
11.6.87 
8.7.87 
8.7.87 
17.9.87 
17.9.87 
14.10.87 
13.10.87 
14.10.87 
14.1.88 
23.2.88 
20.9.88 
2.3.88 
27.4.88 
12.7.88 Reported 
[1985] ECR 531 
[1985] ECR 3013 
[1986] ECR 3645 
[1987] ECR 2797 
[1987] ECR 2141 
[1987] ECR 2415 
[1987] ECR 2545 
[1987] ECR 3029 
[1987] ECR 3073 
[1987] ECR 3483 
[1987] ECR 3503 
[1987] ECR 4045 
[1987] ECR 3989 
[1987] ECR 4069 
[1988] ECR 1 
[1988] ECR 843 
[1988] ECR 1237 
[1988] ECR 2243 
[1988] ECR 3995 
-324-
Case 
228/87 
57/89R 
380/87 
C-339/87 
359/88 
206 and 
207/88 
169/89 
C-162/89 
C-48/89 
C^£2/89 
C-288/88 
C-182/89 
C-70/89 Parties Subject 
Criminal 
proceedings 
against X 
Commission 
v Germany 
Balsamo 
Ctammission 
v Netherlands 
Zanetti 
Zanetti and 
Vessoso 
Van den Bourg 
Commission 
v Belgium 
Ctammission 
v Italy 
Commission 
v Belgium 
Commission 
v Germany 
Ctammission 
v France 
Ctammission 
v Italy Water for human 
consumption 
Wild birds 
Waste 
Wild birds 
Waste 
Waste 
Wild birds 
Reports 
Waste 
Drinking water 
Wild birds 
CITES 
Cadmium waste Date of 
Judgment 
22.9.88 
16.8.89 
13.7.89 
15.3.90 
20.3.90 
28.3.90 
23.5.90 
13.6.90 
14.6.90 
5.7.90 
3.7.90 
29.11.90 
13.12.90 Reported 
[1988] ECR 5099 
[1989] ECR 2849 
[1989] ECR 2491 
[1990] ECR 
1-1461 
[1990] ECR 
1-1509 
[1990] ECR 
1-1461 
[1990] ECR 
1-2143 
[1991] ECR 
1-2391 
[1990] ECR 
1-2425 
[1990] ECR 
1-2821 
[1990] ECR 
1-2721 


ISSN 0254-1475 
COM(91) 321 final 
DOCUMENTS 
EN 01 
Catalogue number : CB-CO-91-359-EN-C 
ISBN 92-77-74990-3 
Office for Official Publications of the European Communities 
L-2985 Luxembourg