COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 13.05.1998 
COM(1998) 296 final 
Communication from the Commission 
to the European Parliament and the Council 
Making Single Market rules more effective 

COM(98) 296 
Communication from the Commission 
To the European Parliament and the Council 
Making Single Market rules more effective 
(1) The Single Market Action Plan1 calls upon the Member States and the 
Commission to work together to make existing Single Market rules more effective. 
Since the adoption of the Action Plan in June 1997, a great deal or attention has 
focussed on the so-called "transposition deficit", the failure by Member States to 
implement on time directives agreed by the Council and the Parliament. Over the 
last year, the percentage of directives not yet implemented in all Member States 
has fallen by almost half, from 35% in June 1997 to 18% on 1 May 1998. This 
pattern must be maintained, and the Commission will closely monitor Member 
States1 performances in this field and foster further improvements. The 
Commission therefore considers that the timetables developed under the Action 
plan as a tool to assist Member States in their efforts to eliminate the delays in 
transposition, should be used systematically to avoid further delays in future.2 
Besides this, the Community must now increasingly pay attention to the quality of 
national implementing measures and enforcement of Single Market rules by 
national authorities. This also includes a further reflection on the role of the 
Commission and the means open to it to ensure proper enforcement of Single 
Market rules. 
(2) Clear and understandable rules are a central component of the Commission's 
regulatory policy, one of the aims of which is to create a legislative framework 
which encourages citizens and business to take advantage of their Single Market 
rights without imposing undue legislative burdens upon them. The Commission 
will continue to play an active role in the preparation of guidelines on the drafting 
of Community legislation, taking into account also the Declaration 39 of the 
Treaty of Amsterdam. But the rules with which citizens and businesses must 
comply are those adopted by the Member States and here, too, the quality of the 
legislation is a factor in securing its effective application. For this reason, it would 
be advisable to establish an informal mechanism of reciprocal information and 
dialogue among Member States and the Commission during the implementation 
period, in order to produce a common approach to transposition. 
(3) Uniform enforcement of Single Market rules, is crucial to generating business 
confidence. Administrative cooperation is the key to effective and consistent 
application of agreed rules throughout the territory of the Union. National 
officials should be encouraged to share their know-how and experience of applying 
Single Market rules, not only on a ad hoc basis, but also in a more structured 
1 CSE (97) 1 final, 4 June 1997 
2 This and other suggestions made in this Communication arc discussed in greater detail in the attached 
staff working paper (SEC ( 1998 ) 903). 
fashion: for example by using seminars supported by funding from the Karolus 
programme or techniques such as mutual audit and peer review; and by using the 
coordination centres created as a result of the Action Plan. 
(4) Where Member States fail to comply with their obligations, the Commission will 
not hesitate to have recourse to infringement proceedings. The Commission will 
continue to streamline its management of infringement cases and will insist on the 
strictest compliance by Member States. In addition, national courts also have an 
essential part to play. 
(5) The Commission therefore calls on the Council: 
• to emphasise that Member States should give the highest priority to 
complying with their obligation to implement Single Market legislation 
fully, on time and with a satisfactory quality level. 
• to agree that Member States should implement the timetables they have 
submitted under the Action plan, as well as continue to submit timetables 
in relation to all new Single Market measures after the expiry of the Action 
Plan; 
• to examine the suggestions contained in the attached staff working paper 
on ensuring the quality of implementing legislation; 
• to affirm the intention of Member States to take all steps necessary to 
ensure the effective operation of the arrangements for enforcement and 
problem-solving established under the Action Plan and earlier resolutions 
of the Council; 
• to emphasise that Member States should comply with Community law and 
in particular respect the deadlines in letters of formal notice and reasoned 
opinions from the Commission in accordance with their commitment under 
the Action Plan. 

ISSN 0254-1475 
COM(98) 296 final 
DOCUMENTS 
EN 10 09 02 01 
Catalogue number : CB-C0-98-335-EN-C 
ISBN 92-78-36429-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg