COMVIISSION OF THE EUROPEAN COMVIUNITIES 
C0M(91) 237 final 
Brussels, 19 June 1991 
SIXTH REPORT OF THE COMMISSION 
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT 
concerning the implementation of the White Paper 
on the Completion of the Internal Market 
TABLE OF CONTENTS 
INTRODUCTION 1 
PART I : THE OVERALL PICTURE 1 
I. General progress 2 
II. The general situation 3 
The Commission 3 
The Council 4 
The Parliament 7 
III. Horizontal measures 8 
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PART II : PROGRESS ON THE WHITE PAPER PROGRAMME 11 
I. The abolition of physical frontiers 11 
1. Controls on goods 11 
2. Controls on persons 14 
II. Removal of technical frontiers 15 
1. Technical harmonization and standards 15 
(a) the new approach 15 
(b) sectoral approximation of laws 16 
2. Opening up of public procurement 18 
3. Free movement of workers 18 
4. Services 19 
(a) financial services 19 
(b) transport 20 
(c) new technologies 21 
5. Capital movements 21 
6. Creating a propitious environment for business cooperation 21 
(a) company law and taxation 21 
(b) industrial and intellectual property 22 
III. The removal of tax barriers 23 
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Annexes 
INTRODUCTION 
1. The Community institutions have been striving since June 1985 to implement 
a legislative programme designed to complete an area without internal frontiers; this 
programme, which was published as part of a White Paper, provides a yardstick 
against which to measure progress made towards completion of that area in 
accordance with the Single Act and, in particular, Article 8a of the Treaty. 
2. It is now more than one year since the remaining proposals required by that 
programme to permit the final legislation to be adopted in time for it to be 
implemented by the Member States by 31 December 1992 were submitted to Council 
and the European Parliament. The Commission is endeavouring to keep to the 
timetable by seeking appropriate compromises that are compatible with the objective 
in view. 
3. The European Council's continuing support and guidance on the most 
difficult issues have maintained the political pressure on the Council and the 
Member States and have contributed greatly to the current results which, as the 
Commission indicated in its previous report, are convincing political and economic 
circles of the irreversibility of the process by which the frontier free area is taking 
shape. This support was last expressed at the European Council meeting in Rome, 
where the European Council undertook to do everything necessary to ensure that the 
1 January 1993 deadline was met. 
4. The Commission continues to review regularly progress towards implementing 
the White Paper in order both to meet the demand for information from business 
circles, citizens and the Community's external partners and to pinpoint areas where 
lack of progress might compromise the 1992 objective so as to alert the different 
political authorities. 
5. This is the sixth annual report; as in the case of the previous report, it not 
only takes stock of the decision making process but also covers problems involved in 
implementing Community legislation at national and Community levels. The annexes 
therefore now set out not only a list of proposals adopted by, or pending before, the 
Council but also the progress made by the Member States in transposing each 
measure and in implementing Court judgments. 
6. The Commission has already given an account of the progress being made in 
the report it presented to the Council last November under Article 8b of the Treaty. 
The present report will restrict itself, on many points, to expanding on the Article 8b 
report since work has barely progressed since publication of that report. The level of 
decision taking, which stood at nearly 70% in December, should exceed 75% by the 
end of the first half of this year. 
7. Although this report is confined strictly to the single market, it should also be 
borne in mind that the process of completing the single market cannot be dissociated 
from the five other objectives of the Single Act: economic and social cohesion, 
social policy, the environment, research policy and the strenghtening of economic 
and monetary cooperation. 
1 COM(85)310. 
2 COM(90)552. 
PART I : THE OVERALL PICTURE 
I. GENERAL PROGRESS 
8. Although work is continuing apace, particularly in the area of free movement 
for individuals, progress has been very limited since the last report; while there is 
reason to think that major decisions needed to finalize work will be taken in the 
months ahead, there are certainly no guarantees that all the decisions will in fact be 
taken, and this for the following reasons: 
in the area of taxation, the political orientations established in 1990 and the 
progress achieved in the first six months of 1991 allow one to suppose that 
the Council's work will result in the adoption of the main legal acts once the 
opinion of Parliament is available. It must be emphasised in this context how 
important it is, as much for the taxation authorities as for the economic 
operator, to have these texts at their disposal as soon as possible this year. 
One of the measures already taken concerns the raising of duty paid 
allowances. 
as to the free movement of individuals, the following progress has been made: 
(i) signing by Denmark of the Dublin Convention of June 1990 
determining the Member State responsible for examining applications 
for asylum, which has now been signed by all Member States; 
(ii) arrangements drawn up by the TREVI Group for cooperation 
between police forces; 
(iii) adoption by the Council of a common position on the directive on the 
acquisition and possession of weapons. 
(iv) convergence of immigration policies through the definition of 
politicial orientations on the entry procedures for immigrants and the 
coordination of national admission policies. 
However, the convention on crossing external borders, which constitutes the 
key element, has still not been signed despite the repeatedly stated wishes of 
the European Council. The main difficulty lies in the interpretation of 
Article 8a; a clear interpretation of this provision, as requested by the 
European Council, is made of all the more necessary to ensure its full 
effectiveness by the fact that the extension of the Schengen Agreement to 
Spain and Portugal demonstrates the Member States' capacity to agree to a 
solution to problems once there is political agreement on the objective to be 
pursued. 
With regard to cooperation between firms, no progress has been made on the 
creation of a Community trade mark or on the consolidation of company 
losses or, finally, on mergers between companies from different 
Member States. While work has continued steadily on the European company, 
which has high political priority, and has begun on withholding taxes on 
interest payments and royalties, progress is delayed in Parliament on 
international mergers and, at Council level, on investment services. 
In the case of freedom of establishment, the completion of work aimed at 
facilitating mobility still depends on the extension of recognition of 
qualifications to all regulated professions and on the reform of the 
arrangements under which workers and their families obtain the right of 
residence. 
In the services field, the main problem lies in extending the right to supply 
services to the investment field and to sea, inland waterway and road 
passenger transport. 
9. In its Article 8b report, the Commission set out for the Council a tentative 
programme of work for matters which it considers should be given priority in 1991. 
While, over the past 12 months, the pace of work has been such that the proportion 
of proposals adopted has risen from 50% to 66%, only eleven new measures have 
been adopted by the Council since the Article 8b report appeared in November 1990. 
This leaves 89 proposals from the White Paper programme still on the table. 
10. This situation can be attributed to four factors: 
Firstly, there have been regrettable delays with certain proposals before 
Parliament up to the June session; while these delays concerned only 
35 proposals, they were generally matters on which Council agreement could 
have been rapidly reached, and these delays in Parliament have therefore 
affected organization of the Council's work and the periods allowed for 
transposition in Member States. 
Secondly, the dispersion of proposals among the various Council bodies is 
leading to an unbalanced distribution of work between those different bodies, 
and in particular to a dilution of the political pressure from the European 
Council. It should be noted that the Internal Market Council has cancelled 
two of its meetings whilst at the same time other bodies of the Council were 
not in a position to make progress on dossiers within their field of 
responsibility. 
In the area of transport taxation, political agreement is likely to be reached 
within the timescale set by the European Council on only one aspect, the 
level of excise duty on diesel fuel. Elsewhere little progress has been made. 
Finally, a number of issues depend on key political decisions being taken in 
the Member States in such fields as transport, worker participation and the 
location of the Trade Mark Office. 
11. The Commission is currently examining with the Member States the 
contribution which implementation of Article 100b of the Treaty might make: this 
Article permits the Council, during the course of 1992, to recognize as being 
equivalent national rules which have not been harmonized according to Treaty 
procedures. With a view to drawing up the list required of it, the Commission is 
making enquiries among the Member States, which should enable it to put forward 
the necessary proposals. 
11. THE GENERAL SITUATION 
The Commission 
12. The Commission has exercised its power of initiative to the full. All the 
proposals arising from the White Paper have been presented: between 1985 and 1990, 
196 proposals were transmitted to the Council and Parliament to add to the 
86 proposals already before the Council. New proposals put forward from now on 
will be aimed at extending legislation already adopted (public procurement, 
insurance, etc.) or at administering basic legislation (air transport, technical 
legislation, etc.). 
13. As pointed out in the previous reports, the Commission's attention will now 
focus on administering existing Community legislation; this presupposes that 
implementing laws are adopted to give full effect to the basic proposals adopted by 
the Council, that the organizational measures necessary for such administration are 
taken and, finally, that accompanying measures are adopted which will guarantee 
balanced implementation of the measures relating to freedom of movement: 
The implementing legislation is concentrated mainly in the animal health, 
plant health and foodstuffs fields: 
(i) In the veterinary sector, the Commission has adopted more than 
100 implementing measures under the powers devolved to it by the 
Council; these measures relate both to the new strategy regarding 
supervision (including the necessary financial decisions) and to the 
administration of the basic directives. 
(ii) In the phytosanitary sector, none of the application measures has been 
taken - except in the area of animal feedstuffs - due to the absence 
of full decisions of the Council on the "framework" provisions. 
(iii) In the foodstuffs field, implementing measures have to be taken on 
the basis of the "framework" directives adopted by the Council. These 
implementing measures are part of the normal process in the case of 
additives: a proposal concerning sweeteners is already before the 
Council; it will be followed, before the end of the year, by another 
proposal concerning colorants, which will cancel the pending proposal 
for an 8th Directive. Other proposals on preservatives, antioxidants 
and the other additives will follow. Commission implementing 
measures relating to materials coming into contact with food and to 
dietary foods are currently being prepared. 
Organizational measures are necessary to enable the Commission to fulfil its 
administrative responsibilities, which require both a high level of technical 
expertise and a capacity to react rapidly to requests for products to be 
authorized or to health problems which, without that capacity to react, could 
lead to decisions being taken at national level that would prejudice freedom 
of movement. Such organizational measures have been proposed for the 
following fields: 
(i) the Commission has suggested that a medicines agency be set up 
which, while not intruding on the public authorities' powers to 
authorize medicines, would pool scientific capacity in the 
Member States and guarantee European industry a rapid appraisal of 
products; 
(ii) in the foodstuffs field, the Commission has put forward proposals for 
reinforcing the structure of the Scientific Committee for Food and 
cooperation between the various competent bodies in the 
Member States; 
(iii) in the veterinary and plant health fields, the Commission has given 
the necessary undertakings to increase substantially the staffing 
resources required for the inspection tasks which it has to carry out to 
ensure that legislation adopted is properly implemented. 
Back-up measures have been adopted or proposed to ensure that the frontier 
free Europe functions smoothly and thus to guarantee freedom of movement: 
these measures mainly involve fields connected with the abolition of frontier 
checks (steps to combat trafficking in drugs and precursors, data protection, 
transport policy, etc.). 
14. Responsibility for administering Community legislation includes monitoring 
implementation by Member States. This responsibility is exercised through the 
formal procedures laid down in the Treaty, and it should be noted in this regard that 
the Commission adopted internal measures in 1990 to ensure that infringement 
proceedings could be instituted rapidly. However, the challenge of 1992, the 
comprehensiveness and balance of the White Paper programme and the speeding up 
of decision making all justify the steps taken to politicize monitoring of the 
transposition process based on complete transparency of the situation in each 
Member State. 
The results of this action can be viewed positively since the level of transposition 
increased from 69% in December 1990 to more than 73% in May 1991, and this 
despite the entry into force of 20 new instruments. Each country's awareness of its 
responsibilities is demonstrated by the fact that countries such as France and in 
particular Greece have stepped up their rate of transposition (as Portugal had done in 
1990), with the result that the responsibility for the delay now lies entirely with Italy 
which has adopted barely more than half of the national measures; countries such as 
the Netherlands, Luxembourg, Ireland and Spain have been unable to keep up the 
necessary rate of transposition. Implementation of Court judgments has itself 
considerably improved over the last twelve months, since 26 judgments are currently 
the subject of actions brought for failure to act, as opposed to 43 a year ago, this 
due to steps taken by Italy to regularize the position in twelve cases. Only three new 
actions have been brought over this same period. These failures to act involve only 
four Member States: Greece (3), Germany (4), Belgium (4) and Italy (15). 
15. But the implementation of measures goes beyond transposition alone. It is 
also dependent on (i) sound training for the national authorities which will have to 
administer the same rules in a convergent fashion, (ii) on information programmes 
aimed at making firms and citizens aware of their new rights and (iii) on appropriate 
information exchange mechanisms: 
The training measures are based mainly on programmes for the exchange of 
officials between national authorities but they may also include measures 
aimed at training administrations in the application of Community rules; 
programmes are now in progress in the customs field 
(MATTHAEUS programme) and in the animal health sphere. 
Responsibility for the information programmes lies primarily with the 
Member States and trade organizations; however, the particular needs of 
SMEs and the single market's special impact in certain industrial sectors 
justify a specific effort by the Commission; the Council already has on its 
table a proposal for a decision to reinforce these actions of information in the 
enterprise policy of the Community. 
Cooperation between national authorities and between those authorities and 
the Commission will be one of the factors dictating whether or not 
Community obligations are properly met; the Commission is therefore 
examining the possibility of making available to Member States cooperation 
structures and information exchange infrastructures. It was with this in mind 
that it announced, in its action programme on trans European networks, a 
communication on this specific theme with the aim of identifying needs, 
COM(90)585 of 10 December 1990. 
available resources and possible technical solutions. Provision is now made for 
such cooperation in customs and agricultural regulations. 
The Council 
16. The Council's workload has diminished considerably since the last report owing 
to the steady progress made in 1990. However, since the publication of the 
Article 8b report in November, which gave an indication of priorities on the basis of 
the measures which were vital for implementing the Single Act, too few decisions 
have been taken (11) and none of the tentative deadlines set out in that programme 
have been met. The Council's capacity to meet these deadlines will in fact depend 
on the outcome of the meetings in June on such matters as indirect taxation, 
recognition of qualifications, insurance, public procurement, free movement of 
individuals and company law. By the end of the first half of this year, the Council 
should have taken decisions in respect of some 75% of the White Paper programme. 
17. The 89 dossiers pending are distributed as follows: 
- "internal market" Council: 26 
"economic and financial affairs" Council: 28 
- "agriculture" Council: 28 
"transport" Council: 5 
"environment" Council: 1 
"social affairs" Council: 1 
18. The diagnosis established in the 8B report has developed positively since 
progress has been made in defining the VAT and excise duty regime arising from the 
abolition of internal border controls; but this progress has not yet permitted the 
Council to adopt the necessary legal acts and the opinion of Parliament is still 
awaited. Work in the animal and plant health fields can also be judged to have 
reached the point of no return, even though 28 proposals have still to be adopted, 
some of which are still before Parliament. 
19. Apart from these positive aspects, however, many issues are still blocked and 
require new impetus: 
In the area of the free circulation of persons, the state of the work is 
described in points 44 and after. In addition it should be noted that the free 
circulation of persons also requires the abolition of the present regime of duty 
free allowances as well as the liberalisation of passenger transport and 
temporary importation of vehicles. None of these files is progressing 
satisfactorily. 
In the industrial and intellectual property field, the adoption of the proposal 
for a directive on the protection of computer software and the progress made 
on the protection of biotechnology products must not be allowed to conceal 
the continuing disagreement on the Community trade mark due to the 
problems of the location of the office and working languages; in addition, 
the entry into force of the Community Patent Convention still depends on its 
ratification by Member States. 
Despite the progress made in the transport field on air transport, no decisions 
have been taken to ensure freedom to supply services in respect of shipping, 
inland waterway transport and road passenger transport. 
In the financial services field, work has not started on the proposal for a 
Regulation on guarantees issued by credit institutions or insurance 
undertakings, although an amended proposal has been presented in the light 
of Parliament's opinion. 
In the area of direct taxation, the Council has immediately begun the study of 
the proposal which aims to abolish the tax on interest payments and royalties 
retained at source, but to succeed in finally adopting the two Commission 
proposals of 1989 before the end of 1991, a sustained effort by the Council 
will be necessary. 
In the company law sphere, a positive decision on the proposal for a 
fifth Directive depends partly on the outcome of the work on the European 
company, and more particularly on the provisions relating to the position of 
employees in it. 
20. In conclusion, the Commission is maintaining the procedural proposals it put 
forward in the Article 8b report, namely: 
to give the Internal Market Council the right to raise matters with which 
other Council bodies are unable to deal through lack of time; 
to take new steps to guarantee that deadlines are met, including the 
organization of work at the various Council levels so as to ensure that priority 
is given to matters connected with attainment of the 1992 objective. 
Parliament 
21. The situation in Parliament no longer constitutes a major obstacle to progress 
in the Council; the number of proposals pending before the Parliament has never 
been as low (35), although up to the June session, this represented almost half of the 
proposals pending. This situation resulted notably from the artificial regrouping of 
certain files by certain parliamentary committees; it is a fact that this method of 
work has affected the work of the Council and, in the veterinary sector, the adoption 
by the Commission of application measures necessary for the entry into force of 
these acts before the deadline of 1993. 
22. As the Commission has already pointed out in its fifth report, Parliament's 
position becomes increasingly difficult as work concentrates on fields requiring 
unanimity, and particularly on matters covered within the framework of 
intergovernmental cooperation. 
As the Commission stated in the Article 8b report, the cooperation procedure 
has functioned satisfactorily; despite figures showing that the Council has 
adopted only 32% of the amendments put forward by Parliament, it is a fact 
that in many fields, such as public works contracts and public services, 
machine safety, and insurance, Parliament has directly influenced the content 
of directives, in particular by taking account of their social dimension. 
In fields requiring unanimity, Parliament has been able, under the 
consultation procedure, to use its powers to take account of the direction of 
work in the Council when formulating its opinions; this is particularly true 
of indirect taxation. In those spheres regarded by Member States as coming 
within the framework of intergovernmental cooperation (TREVI group, 
RHODES group), the Commission has sought to introduce a specific 
procedure for providing Parliament with information at the end of each 
presidency. While this procedure, which was introduced in June 1990 by the 
Irish Presidency, has not achieved the degree of interinstitutional cooperation 
provided for in the Treaty in the Community legislative process, it 
nevertheless provides a means of keeping Parliament regularly informed of 
the state of progress. 
III. HORIZONTAL MEASURES 
23. Completing the single market also depends on the implementation of 
initiatives and policies to accompany the abolition of frontier checks and to provide 
support for the integration of national economies. 
24. Economic and social cohesion: following the adoption of the Community 
Support Frameworks in 1990, the Commission launched a series of twelve new 
initiatives, which will help the less developed regions to respond to the challenges of 
the single market. Particularly worthy of mention, in this context, are : 
(i) the INTERREG programme, which will help economic actors in border 
regions to develop projects on a trans-frontier basis; 
(ii) the STRIDE programme, which will strengthen the capacities of the regions 
in research, technology and innovation; 
(iii) the PRISMA programme, which will help the development of certification 
and testing procedures and technical assistance for firms in the regions; 
(iv) the TELEMATIQUE programme which will promote the use of advanced 
telecommunication services and 
(v) the EUROFORM programme, which will promote transnational networks for 
vocational training. 
25. The social dimension : during the past 12 months, the Commission has 
actively pursued its work to implement the Community Charter of fundamental 
social rights for workers. In this aim it has adopted more than half of the initiatives 
foreseen in this programme; the rest of the legislative proposals will be presented 
before the end of the year. Among the texts presented this year, the most 
significant concern, for example, the health and safety of workers, atypical work, the 
organisation of work, the protection of pregnant women at work as well as the 
information and consultation of workers in companies of a European dimension. 
The Council has, for its part, adopted 5 measures in the area of health and safety at 
work. The Commission hopes that decisions will be able to be taken at the 
forthcoming meetings of the Council on the other measures on which, for the 
moment, the progress which has been made does not live up to the expectations 
raised by the adoption, by 11 Member States, of the Community Charter for the 
Social Rights of Workers. 
26. Competition policy: it has a growing importance in the framework of the 
completion of the Internal Market of 1992. It will not be possible to take full 
advantage of this market in terms of growth in production and the improvement of 
growth in employment unless competition intensifies thanks to the progressive 
abolition of artificial obstacles to trade which still exist. It is precisely in the areas 
where trade between Member States is less developed that the resolute application of 
a competition policy can bear the most fruit. 
According to a recent decision by the European Court of Justice (4), this objective 
is in fact clearly confirmed by Articles 2 and 3 of the Treaty which aim at the 
creation of a market where goods circulate freely with no distorsion of conditions of 
See ECJ, Decision of 19.03.1991, France/Commission, para. 41. 
competition. Article 30 and subsequent Articles must therefore be interpreted in the 
light of this principle which implies that the competition aspect of Article 3f of the 
Treaty must be taken into consideration. 
The entry into force of the regulation on mergers in September 1990 completes the 
range of instruments enabling the Commission to prevent commercial behaviour or 
structural modifications from holding up the process of market integration. 
As for the regulated sectors, notably those consisting of public sector undertakings or 
those benefiting from exclusive rights, the Commission is especially requested to 
ensure on the one hand that the granting of these rights is compatible with the 
Treaty (5) and, on the other, that Member States neither enact nor continue with 
measures which are incompatible with the conditions of the Treaty in this respect, 
notably those concerning competition. While recognising that one must take account 
of the need to provide services of general economic interest, the Commission believes 
that this should be done with the fewest possible restrictions placed on competition. 
The Commission consequently decided itself against an agreement between electricity 
producers and distributors and also against their abuse of a dominant position. The 
Commission has also decided to open proceedings against Member States holding 
exclusive import and export rights for electricity and gas. 
In addition to the public sector - gas, electricity, telecommunications and postal 
services - the Commission is also examining other markets where there are 
restrictions on competition between Member States. This applies especially to the 
transport sector (air and sea), banking and insurance. 
27. Environmental protection: As well as removing obstacles to trade, technical 
legislation measures must also meet certain political objectives, predominant among 
which is the need to protect the environment, particularly in the transport field and 
in the chemical industry. All Commission proposals are based on a high level of 
protection, which has made it possible to avoid recourse to Article 100A(4). But the 
Commission has been anxious to enable those Member States which wish to proceed 
more quickly in raising their standards to do so within certain limits: 
Member States are authorized to introduce economic and tax incentives in 
anticipation of the entry into force of a common rule; this means that 
products which comply with the rules in force will continue to be authorized 
but that, during the period between the adoption of the new rule and its 
entry into force, the marketing of products complying with this new rule will 
be encouraged; 
The Commission now intends, in its proposals, to establish not only a 
mandatory standard (as has been the case until now) but also a "target" 
standard which Member States may encourage by means of fiscal incentives, 
provided that it does not affect freedom of movement, and which will also 
give the Community and industry the prospect of the mandatory standard 
changing. 
28. Trans European networks: In December, the Commission transmitted to the 
Council its action programme designed to give the Community the instruments 
necessary for the completion of trans European networks, such as the regular 
preparation of network master plans, a "European label" mechanism to enable 
promoters of infrastructure projects to mobilize private funding, the development of 
standardization programmes to ensure compatibility and interoperability of networks 
and, finally, the setting up of a "think tank" on the development of transport, 
See the above-mentioned Decision, para. 22. 
10 
telecommunications and energy networks in the Community and in Europe generally. 
This programme identifies the projects to be given priority which are vital for the 
operation of the internal market, for example telematic networks for the transmission 
and exchange of data between administrations. 
29. Energy: A first group of directives concerning th transparency of electricity 
and gas prices for private and industrial users (90/377/EEC) was adopted in 1990 
and should enter into force on 1.7.91; the directive on the transit of natural gas, 
adopted on 31.5.91, should for its part, enter into force on 1.1.92. In parallel, the 
Commission has developed the application, in this area, of Community law and has 
decided, in this context, to start infringement procedures against certain Member 
States which maintain monopolies of import and exports of electricity and gas on 
their territories. 
11 
PART II : PROGRESS ON THE WHITE PAPER PROGRAMME 
30. The progress made in implementing the White Paper is assessed in terms of 
the decision making process and Member States' application of decisions. 
I. THE ABOLITION OF PHYSICAL FRONTIERS 
31. As the Commission indicated in Its Article 8b report, it is in the area of the 
abolition of physical frontiers that the credibility of the aim pursued to complete the 
internal market as defined in Article 8a of the Treaty is not assured because basic 
decisions have still to be taken regarding goods and because there are still 
fundamental disagreements regarding the free movement of persons. 
1. Controls on goods 
32. Despite the political determination to press ahead with the abolition of 
controls and formalities at intra-Community frontiers, basic decisions have still to be 
taken to ensure that tax frontiers are dismantled. Progress to date has been limited 
mainly to the abolition of customs checks and animal and plant health controls. In 
other fields, such as controls on exports or on the importation of certain special 
products (e.g. agricultural products, waste), much progress has still to be made, 
although, as the Commission has always pointed out, as soon as the abolition of the 
single administrative document is put into effect, specific controls will no longer be 
possible owing to the disappearance of the administrative support for such controls. 
33. ' Customs formalities: Work in this field can be regarded as having been 
completed: the abolition of the transit arrangements and the single administrative 
document in intra Community trade, which will come into force on 1 January 1993, 
is an established fact and foreshadows the decisions to be taken regarding indirect 
taxation. The Commission sees these two measures as signalling the political will to 
abolish frontier checks and formalities and thus as triggering the necessary gradual 
redeployment of the infrastructures and staff assigned to such checks and formalities. 
34. The implementation of these measures is not problematic because of the 
direct applicability of the legislation adopted, which does not therefore necessitate 
transposition measures. The abolition, in intra Community trade, of the transit 
advice note, which had hitherto to be produced at customs offices for products 
moving under the transit arrangements, came into force in this way in July 1990. 
35. Veterinary and plant health controls: Work has barely progressed since the 
Article 8b report was drawn up, mainly because of the situation in Parliament. 
Admittedly, 53 measures have been adopted, including two directives which, by 
switching controls to the place of production or to the place of destination, will pave 
the way for the abolition of frontier checks and the approval of plant protection 
products. However, in order to establish the basic operating principle of the internal 
market (namely recognition of controls in the country of origin) and thus to give 
Member States of destination every guarantee, it will be necessary for the Council to 
complete its work programme and to adopt the 28 proposals which are still on the 
table and which cover the following main fields: 
the Community regime for the approval of phytopharmaceutical products; 
intra-Community trade and imports from third countries in respect of the 
few products of animal origin and the few animals which have not yet been 
covered; 
the production and marketing rules which constitute the bulk of the 
programme for ensuring recognition of controls in the country of origin; 
12 
control arrangements, particularly for live animals from third countries; 
the conditions under which live animals are transported; 
the extension of the Community arrangements for the movement of vegetables 
and vegetable products to national trade and the parallel simplification of 
those arrangements; 
the arrangements for controls at the place of production and the arrangements 
applicable to products from third countries; 
the rules governing the marketing of certain propagating material. 
36. A total of 35 Directives necessitating national transposition measures have 
come into force; more than 78% of the national measures have been adopted. Delays 
have occurred principally in Italy, Belgium, Greece, Ireland and the Netherlands. 
Generally speaking, there are no major delays in the plant health field; in the animal 
health sphere, by contrast, there are transposition delays which, in the current 
situation and in view of the amount of legislation which has still to come into force, 
can only grow worse if the authorities in the Member States concerned fail to assume 
their responsibilities. 
37. Controls resulting from commercial policy measures: The abolition of the 
controls linked to the application of Article 115 EEC or Article 74(3) ECSC has 
progressed satisfactorily on the basis of the industrial analyses carried out in 1989 
and the flanking policies which have been introduced in some sectors, such as cars, 
electronics and footwear: in parallel with the negotiations in progress, the 
Commission is currently establishing a series of internal provisions in the automobile 
sector. As a result of this action, reliance on Article 71(3) ECSC has ended, except in 
the case of Spain and Portugal, and the number of surveillance measures has fallen 
from 1 300 in 1987 to 185 in 1991. Protective measures declined from 157 in 1987 
to 112 in 1990, such measures now being confined to the following products: textiles, 
cars, motorcycles and electronic products (car radios and colour television sets). For 
each of these products, the Commission has adopted flanking measures for abolishing 
authorizations under Article 115. This action has considerably reduced recourse to 
this Article, particularly for footwear, toys, umbrellas, ball bearings and sewing 
machines. 
38. In the case of the only agricultural product which is the subject of measures 
under Article 115, namely bananas, the Commission's departments are in the process 
of drawing up guidelines for Community import arrangements that are designed to 
replace the national measures currently in force, subject to compliance with 
international obligations arising from the GATT and the Lomé Convention. The 
definition of these new arrangements will entail internal back-up measures to 
improve the competitiveness of Community production. 
39. Controls on transport: Following adoption of the Regulation abolishing 
frontier vehicle checks and opening up road haulage markets, the only general 
controls still applicable to vehicles are those which result from the taxation of diesel 
fuel and which necessitate checks on the amount of fuel in the tanks of lorries and, 
to a lesser extent, in those of coaches. Specific checks are carried out on the 
transport of waste, justifying the Commission's proposal which is designed, as part of 
the general policy on waste management, to subject the transport of waste throughout 
Community territory to strict rules. The Commission has also proposed the abolition 
of certain checks on vehicles and documents involved in transporting dangerous 
products and perishable foodstuffs, which is governed by international agreements. 
13 
40. Export controls: The abolition of internal frontier controls will call into 
question the arrangements established at national level for controlling exports of 
sensitive products and technologies and for protecting national treasures: 
The sensitive nature of certain products or technologies derives from the dual 
use - civil and military - which can be made of them. The controls applied 
pursuant to the COCOM rules or to national external policy measures are also 
applied in intraCommunity trade. A satisfactory basis for cooperation 
between the Member States and. the Commission has now been established, 
which should mean that solutions are rapidly found to all of these problems; 
the Commission itself has clearly established the guidelines: out of concern 
for pragmatism its objective is for the moment to uniform control procedures 
by reserving the possibility, in future, to take initiatives at one and the same 
time on the lists and on the destinations of the products concerned. The 
technical complexities involved here, the impact of a turbulent international 
environment in this area and the links between these measures and the 
Member States' external policies explain the difficulties of the work. 
However, the momentum which is developing on the margins of the 
intergovernmental conference on political union in respect of exports of 
weapons and non-proliferation should facilitate an agreement on the 
treatment of dual use products. 
In the case of national treasures, work has proceeded in a positive manner in 
recent months. Taking into account the concern expressed by certain 
Member States regarding the protection of their national treasures, the 
Council and the Ministers for Culture last November identified the following 
three areas of work: 
(i) the establishment of cooperation between Member States and the 
Commission; 
(ii) the harmonization of controls on exports to non-member countries; 
(iii) a system for the return of cultural assets illegally exported to another 
Member State. 
Over the next few weeks, the Commission is to present specific proposals in 
the last two of these fields. 
41. Collection of statistics: Progress is continuing to be made in the Council 
towards a common position on the new arrangements for collecting statistics 
following abolition of statistical returns at intra Community frontiers; it is expected 
that a common position will be agreed within the next few weeks and that these new 
arrangements will be adopted before the end of 1991. The Commission has 
amended its initial proposal in order to take account, during the transitional period 
for the indirect taxation arrangements, of taxation in the country of destination and 
to focus on alleviating the burdens borne by firms of statistical collection. 
42. Controls on agricultural products: The operation of the common agricultural 
policy necessitates a series of controls and formalities at frontiers. Those which 
affect all agricultural products stem from the monetary compensatory amounts 
(MCAs). These MCAs are already no longer applied between Member States 
observing the 2.25% margins of fluctuation under the European Monetary System. 
The Commission intends to put forward the necessary proposals for their total 
abolition at the beginning of 1992. Other controls are made necessary by the rules 
governing the common organization of the markets in certain products (milk, cereals, 
refined sugar). Appropriate measures will be taken as the current Regulations 
expire. Finally, the Commission will act on certain formalities and controls applied 
14 
in connection with the Accession Treaties which justify the initiatives of the 
Commission before the end of the year. Furthermore, the Commission reserves the 
right to make the necessary proposals to avoid recourse to Article 46. 
43. Other controls: The Commission has held discussions with the Member States 
with a view to drawing up a list of all controls carried out at frontiers; these 
inquiries have revealed many different controls in addition to those hitherto 
identified by the Commission. These are controls which, in some cases, stem from 
administrative or even historical tradition in each of the countries. Discussions are 
continuing with Member States with the aim of assessing to what extent these 
controls are compatible with the Treaty and how they might be carried out within 
the countries in question. 
2. Controls on persons 
44. Intergovernmental cooperation resulted in signature in June 1990, by 
11 Member States, of the Convention determining the State responsible for examining 
an application for asylum; signature by Denmark on 13 June 1991 paves the way for 
ratification of the Convention. 
45. Efforts have subsequently focused on drawing up an intergovernmental 
convention laying down the rules governing the crossing of the Community's external 
frontiers. Despite substantial progress, which reflects definite political willingness on 
the part of most Member States, differences of opinion persist on the inclusion, 
under certain conditions, of ports and airports in the scope of the convention. The 
vast majority of Member States and the Commission have come out clearly in favour 
of a text that will genuinely contribute to the establishment of an area without 
internal frontiers, regardless of the means of transport used and the traveller's 
nationality. As far as the substance is concerned, the central problem hinges on how 
Article 8a of the Treaty should be interpreted. The Commission intends to have this 
point clarified as quickly as possible and is proposing that work be organized even 
more efficiently than at present: the setting up of the Rhodes group has made it 
possible to overcome conflicts of responsibility between the different administrations 
and to prepare ministerial discussions more thoroughly; this group should now be 
accorded genuine negotiating powers along the lines of the structures which 
generated the Schengen Agreement. Accession to that Agreement by Spain and 
Portugal enables it to serve as an example for the abolition of frontier controls 
throughout the Community. 
46. Progress has been made within the other bodies involved in work on 
dismantling controls on persons, notably enabling flanking measures to be put in 
place in the spheres of cooperation between police forces, of the fight against drugs 
and of immigration policy. This is the case of the TREVI 92 group, which is 
implementing the action programme adopted by the ministers in June 1990 and in 
which the Commission has been taking part since the beginning of 1991. Such work 
concerns the police cooperation that is needed if the abolition of controls at internal 
frontiers is not to result in a lowering of the level of security for society as a whole. 
Despite technical difficulties, progress is heartening. Nevertheless, since the 
necessary conclusions have to be drawn from the convention on the crossing of 
external frontiers, it is essential that the latter be signed so that this work can come 
into its own. With regard to immigration, the subject of immigration policy in the 
Community was debated for the first time in November 1990 on the basis of a 
Commission report. The Schengen agreement has of itself led to a convergence of 
policy between States. 
47. The Council has continued to discuss objects carried by persons; progress has 
been achieved on the acquisition and possession of weapons and tax paid allowances, 
15 
while headway is expected to be made with regard to checks on luggage at ports and 
airports. 
II. REMOVAL OF TECHNICAL FRONTIERS 
1. Technical harmonization and standards 
48. This is the area where most progress has been made; if it were not for the 
delay caused by Parliament in the pharmaceuticals sector and, above all, the link 
with commercial policy where motor vehicles are concerned, the entire work 
programme would be completed. The Commission has consequently devoted most of 
its attention to managing the legislation, an activity which involves both monitoring 
transposition and, most importantly, the establishment of European standards or 
implementing measures. Transposition is better than average here (76%), but uneven: 
delays are accumulating in the agrifoodstuffs and fertilizers sectors. 
(a) The "new approach" 
49. Implementation of the new approach rests on four inseparable foundations: 
Notification of national technical regulations: the procedure for the provision 
of information introduced by Directive 83/189/EEC, as amended by 
Directive 88/182/EEC, is increasingly demonstrating its effectiveness as a 
fundamental instrument for preventing the emergence of trade barriers and 
for exchanging information. The number of notifications grows steadily each 
year: 319 in 1989, 386 in 1990 and 213 for the first five months of 1991. 
In 1990 the Commission delivered a detailed opinion on 42% of the draft 
regulations notified, on the grounds that they could create barriers to trade; 
Member States shared that view in 26.6% of cases. In 14 instances the 
Commission requested that adoption of the national measure be postponed for 
one year, to allow time for a Community measure to be taken. 
The number of detailed opinions delivered reflect Member States' failure to 
take into account the principle of the mutual recognition of equivalent 
specifications, tests and checks adopted by other Member States. It is 
disquieting to note that this fundamental Treaty principle has not been more 
fully taken on board by the national administrations, with less than two years 
to go to the 1993 deadline; 
Effective transposition: of the Directives adopted under the new approach, 
only those relating to toys and pressure vessels are in force. These have not 
been transposed satisfactorily, however, and particularly the latter. To 
prevent such situations arising in future, the Commission is therefore assisting 
Member States in interpreting directives that are shortly to come into force. 
This will be the case in 1991 of the Directives on electromagnetic 
compatibility and construction products. 
Some directives require the Commission to take implementing measures, e.g. 
the Directive on construction products, for which the Commission has to 
adopt interpreting documents by early 1992 at the latest. This also applies to 
the Directive on medical equipment, which will necessitate a system for 
exchanging information on incidents with a view to monitoring product 
quality. A guide to the system will be drawn up for Member States at the 
end of 1991; 
16 
Standards policy: European standards will have to be available if certain 
directives - in particular those on toys, pressure vessels and (when they come 
into force) machinery and personal protective clothing - are to be properly 
applied. However, delays in standardization work, which were mentioned in 
earlier reports, are persisting: only in the case of toys is over half the 
necessary number of standards available (five out of seven). 
On the other hand, the need for harmonized standards is not as pressing in 
the case of the Directive on construction products, thanks to its flexibility 
and transitional provisions. Consequently, the standardization programme and 
the resulting remits will spread the necessary standardization work over the 
period up to 1996. 
To make up the leeway in standardization work, the Commission has opened 
a public debate on the basis of a green paper. The reactions received confirm 
the need - stressed in the document - to streamline the standardization 
process. Contacts will be stepped up in the months ahead with the standards 
institutions in order to allay misunderstandings and even mistrust so that the 
Commission can send the Council by the end of the year a communication 
backed up by specific proposals; 
Certification policy: smooth functioning of the technical regulations system 
depends on recognition of the tests and documents certifying the conformity 
of products to those regulations. To that end, the Council adopted on 
13 December 1990 a Decision laying down the certification modules to be 
used in future in technical harmonization directives. Headway has been made 
on that basis in discussions with Member States on the principles governing 
subcontracting conditions for notified bodies and the negotiation of mutual 
recognition agreements with non-member countries. 
To ensure that Member States effectively recognize marks affixed in 
pursuance of the "new approach" directives, the Commission has also proposed 
legislation to harmonize the rules for using and affixing the EC conformity 
mark. 
In the context of the Directive on construction products, the European 
Organization for Technical Approvals (EOTA) has been set up and is to 
become operational before the end of the year. In the unregulated sector, the 
European Organization for Testing and Certification (EOTC), which was set 
up in April 1990, should also be able to start operating before the end of the 
year. 
(b) Sectoral approximation of laws 
50. Motor vehicles and tractors: While work on motor-vehicle emissions aimed at 
introducing new pollution control standards for all vehicle categories are being 
developed, thanks in particular to Parliament's active support, the introduction of a 
Community system of vehicle type approval, involving, for consumers, recognition of 
conformity certificates, is being held up by disagreement on commercial policy 
towards Japan. This is preventing the last three proposals from being adopted. 
Transposition of directives is proceeding smoothly here, except in the case of 
emission standards for small cars. 
As stated in the fifth report, it is necessary to supplement the White Paper 
programme and switch from the optional harmonization currently in effect to "total" 
harmonization; the Commission plans to send the Council a proposal to that end in 
the immediate future. 
17 
51. As far as tractors are concerned, the White Paper programme has been 
completed since 31 December 1989; the entry into force of Community type 
approval now awaits only the transposition of a single directive in Italy. As in the 
case of motor vehicles, the Commission is working on proposals to supplement the 
White Paper programme by introducing total harmonization in the sector. 
52. Building on the progress achieved so far, the Commission sent the Council on 
3 April 1991 a proposal for a Regulation on the type approval of two- or three-
wheeled motor vehicles. Over and above what was originally planned in the White 
Paper, this proposal is intended to establish a comprehensive body of Community 
legislation in the industrial sector concerned. 
53. Foodstuffs: The key pieces of the harmonization jigsaw are in place, even 
though the Council has not yet adopted the proposal on irradiated foodstuffs. The 
Commission now has the task of adopting or proposing the necessary implementing 
measures: it has done so in the case of materials which can come into contact with 
foodstuffs and is preparing the necessary measures as far as additives are concerned. 
The problem of the volume of implementing work still to be done is, however, 
aggravated by delays in transposition: the backlog which has accumulated in this 
sector is one of the largest (only 58% of the necessary measures have been taken). 
The Directives on flavourings, jams, additives, frozen foods, materials which can 
come into contact with foodstuffs, emulsifiers, fruit juices, labelling, control and 
dietary foodstuffs have thus either not yet been transposed at all, or have been only 
partly transposed, in most Member States. 
54. Pharmaceuticals: All the measures announced in the White Paper have now 
been adopted, with the exception of three proposals concerning the rational use of 
medicines which are still before the Council as a result of the belated arrival of 
Parliament's opinion. The Directives adopted in 1989 extending the scope of 
Community legislation to categories of medicines which were previously excluded 
will come into force on 1 January 1992 on the basis of implementing measures to be 
adopted this year. The transposition rate in this field is higher than average; only 
Italy and, to a lesser degree, Spain have limited leeway to make up. 
55. Satisfactory progress has enabled the Commission to go a stage further than 
its 1985 programme by proposing to the Council and Parliament a blueprint for the 
future system for authorizing medicines, which will entail setting up a European 
agency, as well as harmonization of advertising rules and the inclusion of 
homeopathic medicines. 
56. Chemicals: The White Paper programme has been completed as far as 
legislative work is concerned; attention is now being focused exclusively on 
management with the dual aim of ensuring that directives are properly applied by 
Member States and updating the legislation in line with safety and environmental 
concerns. 
Transposition of directives is lagging behind chiefly in the fertilizers sector, but the 
major deadline is the entry into force on 8 June 1991 of the Directive on the 
classification and labelling of dangerous preparations, which has so far been 
transposed only by Denmark, France and Greece. Management and proper 
application of this Directive will require confidential information to be exchanged 
between Member States and the Commission, necessitating efficient organization. 
18 
2. Opening up of public procurement 
57. Work is proceeding satisfactorily within the Council: following adoption of 
the Directive opening up procurement in public services (transport, 
telecommunications, water and energy), the Commission expects to see adopted 
during the year the companion Directive on review procedures which will ensure that 
the former is applied evenhandedly throughout the Community. The Commission has 
proposed that services contracts awarded by administrations be made subject to 
transparent procedures too; it is expected that a common position will be reached on 
this proposal by the end of the year. It will be swiftly followed up by a further 
proposal extending such transparency to procurement by public services whose works 
and supplies contracts are already covered by the new Directive. 
58. Only the Public Works and Public Supplies Directives have so far entered into 
force, as of January 1989 and July 1990 respectively. Transposition of these 
instruments has improved considerably since the last report, since only Italy and the 
Netherlands have yet to transpose the Public Supplies Directive and those countries 
plus Spain, Luxembourg and Portugal the Public Works Directive. In public 
procurement as in other fields, however, transposition is only the formal aspect of 
implementation. To ensure that these Directives are uniformly applied in all 
Member States, despite differences between their administrative structures and 
internal controls, the Commission has thus introduced monitoring machinery which 
supplements measures taken in some cases by certain Member States: 
infringement procedures have been started to make the regional preferences 
conform to the Treaty; however, controls are carried out on contracts awarded 
in connection with programmes financed under the structural Funds. These 
checks can lead to infringement proceedings and a freeze on payments; 
following checks on tender notices published in June/July 1990, over 
900 presumed infringements were noted. These related to selection and award 
criteria and requirements concerning guarantees and deposits. Similar checks 
are being carried out on the tender specifications of certain types of 
contracting authority and on the publication of prior information notices 
concerning public works contracts; 
with a view to increasing transparency in public procurement and, most 
importantly, facilitating compliance with the Directives by contracting 
entities, the Commission will publish in 1991 standard models for tender 
notices which incorporate the specific features of national procedures in a 
form that is compatible with the Directives; 
since the root cause of most difficulties is ignorance of the Directives and 
transposition measures, information campaigns are being conducted and 
training activities organized for the competent administrations at national, 
regional and local level. 
3. Free movement of workers 
59. Following adoption in 1990 of the three Directives on the right of residence 
(for students, retired persons and other members of the non working population), 
which will not enter into force until 1 July 1992, the Council is focusing its attention 
on the adoption of measures necessary for the recognition of diplomas at a level 
below university level, and therefore not covered by the first directive and on the 
facilitation of the mobility of workers by a redefinition of the rules of residence. 
The Commission has for its part to ensure that the Directive on the recognition of 
diplomas and the Decision on the comparability of vocational qualifications are 
correctly applied. 
19 
60. The regulated professions: The period for transposing into national law 
Directive 89/48/EEC of 21 December 1988 on a general system for the recognition 
of higher education diplomas awarded on completion of professional education and 
training of at least three years' duration expired on 4 January 1991. It has been fully 
or partly transposed in five Member States (Denmark, Germany, France, Ireland and 
the United Kingdom), the others having communicated draft transposition measures. 
This situation can undoubtedly be deemed satisfactory when compared with the 
Directive on commercial agents, which was adopted in 1986, entered into force also 
in January 1991 and has been transposed in only four Member States. 
The proposal for a Directive on a second general system for the recognition of 
professional education and training has been under discussion within the Council 
since October 1989. Work is focusing chiefly on the compilation of a list of 
professional and vocational training courses which, on account of the high level of 
training and responsibility involved, can be compared with post secondary courses 
completed after long course secondary education. 
61. The non-regulated professions: By application of the Council decision of 1985 
on the comparability of qualifications, 75 professions in 6 sectors have been the 
subject of publications necessary for the comparability of qualifications obtained in 
another Member State. All of the 19 professional groups/sectors considered as 
priorities, will be covered between now and the end of 1992. In parallel, measures to 
disseminate information, in collaboration with the European Centre for Professional 
Training (CEDEFOP) are being taken in the Member States. An evaluation of this 
work will be undertaken in 1991, on the basis notably of reports that the Member 
States are to transmit to the Commission, and this evaluation could lead the 
Commission to make appropriate proposals in this area. 
62. Free movement of wage earners: Two proposals have now been on the 
Council table since 11 January 1989 on freedom of movement and right of residence 
for workers and members of their family; these proposals are aimed at broadening 
the category of persons directly benefiting from the Community provisions, 
consolidating equal treatment and protecting the rights of workers in short term 
employment and their families. The proposals are still on the Council table due to 
the absence of the required majority for their adoption. The Commission has also 
proposed that the transposition periods laid down in the Act of Accession of Spain 
and Portugal, which normally expire on 31 December 1995, be made consistent with 
the 31 December 1992 deadline. As announced in the programme of action on the 
implementation of the Community charter of fundamental social rights for workers, 
the Commission will make a proposal for the revision of the regulation on the 
compensation of job vacancies and demand for jobs and the transparency of the 
employment market (SEDOC - Community System of transparency of the 
employment market). 
4. Services 
(a) Financial services 
63. Banking: Following up the breakthrough achieved in 1989 with adoption of 
the Directives on own funds and solvency ratios and the second banking Directive, 
the Commission has put forward proposals on capital adequacy, consolidated 
supervision and large exposures; on the basis of the opinion which Parliament is 
expected to deliver on the latter two proposals, the Council should be able to adopt a 
common position by the end of the year. Transposition delays have been 
considerable, but though only two Member States, namely France and Portugal, have 
transposed all three Directives in force, the pace of implementation has begun to 
accelerate recently. 
20 
64. Insurance: The third generation of directives in the insurance field (life and 
non-life) has been laid before the Council. Given the satisfactory pace of 
discussions within Parliament, it should be possible for a common position to be 
reached on the non-life proposal before the end of the year. Although appreciably 
better than in the banking sector, transposition remains lower than average. 
65. Transactions in Securities: By adopting the Directive on insider trading, the 
Council has completed the body of measures for accompanying the liberalization of 
capital movements. The investment services market will be opened up when the 
Council adopts the proposal it is discussing, which has run into conceptual 
difficulties; the Commission hopes that the efforts made under the Luxembourg 
Presidency will make it possible to arrive at a common position in this crucially 
important area for the establishment of a genuine European financial market. After 
legislating on UCITS, insider trading and the conditions governing admission to stock 
exchange listing, the Community will thereby create an instrument for regulating the 
activities of economic operators on that market. Delays in transposition are affecting 
particularly legislation which has come into force since January 1991. 
(b) Transport 
66. The Council remains unable to complete its work on cabotage since the 
proposals concerning maritime transport are still held up by the positions of a few 
Member States that wish to safeguard their market; discussions on road passenger 
transport have not resumed for many years. River transport is now the only area 
where discussions on cabotage appear likely to reach agreement. The only sectors 
where satisfactory progress is being made are air transport and road haulage. 
67. Air transport : the implementation of liberalisation measures in the 
Community context in this sector, as adopted by the Council, assumes that States will 
progressively abandon interventionist practices. These measures will not be truly 
effective unless the application of competition rules guarantees at the same time the 
application of competition that airlines cannot prevent their competitors from 
exploiting the opportunities created by liberalisation. The Commission has 
accordingly taken up such questions as access to computerised reservation systems, 
interlining, stopover services, and timetabling as well as merger questions; in this 
area the Commission's objective is to ensure that these operations are translated into 
gains in efficiency and that they develop in conditions which are least likely to 
affect competition in a large part of the Community market. 
68. Road: The Commission has now turned its attention to implementing the 
Regulations on international transport and cabotage by raising the quotas which give 
effect to the measures; in April it thus raised the cabotage quota by 10% for the 
period July 1991 - June 1992, while the Council decided to raise the international 
transport quota for 1991/92 by 40%. The Commission must, however, above all pave 
the way for the liberalization due to take effect in the transport sector in 
January 1993 by proposing the necessary flanking measures. 
Although key decisions have been taken on the carriage of goods, the Council's 
inability to reach agreement on passenger transport is to be deplored. This situation 
directly affects the free movement of persons, since travellers have to undergo 
formalities that are excessive in comparison with progress achieved in other areas and 
facilities now afforded to persons crossing frontiers. 
69. Sea: Despite having reached political agreement last December on introducing 
cabotage in two phases, postponing the liberalization of coastal navigation to a later 
date, the Council has not yet taken any formal decision. The Commission is 
21 
endeavouring to ensure that efforts to achieve a compromise do not call into question 
the Article 8a objectives or timetable. 
70. Inland waterways: This is undoubtedly the area where most progress has been 
made since the Article 8b report since, after years of deadlock, discussions have 
resumed and are likely to lead to a decision in the weeks ahead. 
(c) New technologies 
71. Television: The White Paper measures have all been adopted with the 
exception of additional proposals, made necessary by expiry of the Directive on the 
satellite broadcasting standard. In the case of the Transfrontier Television Directive, 
for which the transposition period is due to come to an end on 3 October 1991, Italy 
and Portugal have already adopted the overall measures and partial measures have 
been taken by other Member States. 
72. Telecommunications: In addition to implementation of the Directive on open 
network provision (ONP), for which it has forwarded a proposal on leased lines, the 
Commission has to secure correct transposition of the Directive, a process which, 
together with implementation of the Commission Directive on telecommunications 
services, is essential to opening up of the market. The Directive has, however, so far 
been transposed only in the Netherlands, in Portugal, in Luxembourg, in Spain and 
in the United Kingdom. On the other hand, transposition of the Directive on mobile 
telephones, which was much delayed, has now been accomplished in all 
Member States except Belgium and Spain. 
73. New means of payment: Inefficient systems of payment between Member 
States constitute a serious barrier to trade within the Single Market, and a penal 
burden, especially upon smaller businesses and individuals. Accordingly, the 
Commission has taken recent initiatives, building upon its 1987 paper on 
interoperability of payment cards. In 1990 it issued a recommendation on the need 
for transparency in this field, followed by a discussion paper on financial 
transactions between Member States. On the basis of responses to that paper the 
Commission has established two groups with a remit to recommend, by the end of 
1991, a Community approach to swift, reliable and inexpensive payment systems. 
5. Capital movements 
74. Complete liberalization of capital movements between eight Member States 
became reality in 1990. Four Member States (Greece, Spain, Ireland and Portugal) 
were authorized by the Directive to retain certain restrictions on short term capital 
movements running until the end of 1992. Nevertheless, those countries are also 
making progress in liberalizing capital movements, and Spain and Ireland particularly 
have in certain cases liberalized further than they are currently required. 
Liberalization of capital movements contributes to the process of economic and 
monetary integration. The mobility of capital is indispensable, particularly to the 
freedom to provide cross border financial services, and lays the foundations of a 
single financial area. From a macroeconomic standpoint, the integration of national 
financial systems paves the way for coordination of monetary policies and, 
ultimately, Economic and Monetary Union. The fact can hardly be overlooked that 
1 July 1990 was also the starting date for stage one of Economic and Monetary 
Union. 
22 
6. Creating a propitious environment for business cooperation 
(a) Company law and taxation 
75. Company law: following the adoption and entry into force of the Regulation 
on the European Economic Interest Grouping and the amendment of the fourth and 
seventh Directives to take account of the SME dimension in the harmonization of 
company law, the Council has still to deal with all the key issues involved in 
reinforcing cooperation between firms: 
the proposal on the harmonization of national rules relating to takeover bids 
should be adopted in the next few months given the necessary political will in 
the Council; 
in the light of Parliament's opinion on the proposals for the creation of the 
European company law statute, the Commission has amended those proposals 
to enable the Council to take a decision before the end of the year. The 
delay on this file appears to rule out a common position before the end of 
1991. 
the solutions which will thus be found to the question of the position of 
employees in firms should help to reactivate work on the fifth and tenth 
Directives. 
76. On 1 July 1991, two years after the Regulation on the European Economic 
Interest Grouping came into force, two Member States (Italy and Greece) have still to 
take the implementing measures necessary to ensure that such groupings can be 
registered on their territories. To the Commission's knowledge, more than 
165 groupings have been set up in the other Member States in all activity sectors. 
77. Company taxation: Member States are in the process of preparing for the 
transposition of the two Directives adopted by the Council on 23 July 1990 on the 
common system of taxation applicable to mergers and similar operations and on the 
common system of taxation applicable to parent companies and their subsidiaries and 
for the ratification of the Convention on the elimination of double taxation in 
connection with the adjustment of profits of associated enterprises, which was signed 
by Member States on that same date. 
The new proposals adopted by the Commission in November, which provide for the 
abolition of withholding taxes on interest payments and royalties within a group of 
companies and for account to be taken by companies of losses incurred by permanent 
establishments and subsidiaries in other Member States, have already been endorsed 
by the Economic and Social Committee; Parliament's opinion is expected in October. 
The Council has begun to examine the first of these proposals. As to the 1984 
proposal on the tax arrangements for the carry-over of losses, it is expected that 
examination of this will be resumed following that of the proposal on foreign losses. 
The Council has not resumed work on the 1987 proposal providing for the abolition 
of indirect taxes on dealings in securities. However, it will be noted that 
Member States are tending to abolish these taxes on their own initiative and that half 
of the Member States are no longer applying them. 
(b) Industrial and intellectual property 
78. After initial difficulties, the work on harmonization is progressing 
satisfactorily: following adoption of the Directive on the protection of computer 
programs to add to the protection of integrated circuits and the harmonization of 
national trademark rules, the Council and Parliament are left with only one proposal 
23 
for a Directive before them: that concerning the legal protection of biotechnological 
inventions. This proposal is closely linked with the regulation to set up a system of 
Community protection for plant breeding which was submitted to the Council 
during the second half of 1990 and which foresees the establishment of a form of 
sui generis ownership of the type defined by the Union for the Protection of Plant 
Breeders' Rights (UPOV) relating to the newly created plant varieties. The present 
state of the procedures is comparable to that indicated above on the subject of the 
proposal for a "biotechnology inventions" directive. 
after the adoption of the directive harmonising national trade mark law in 
1988 the creation of the Community trademark is still conditional on the 
decisions to be taken on the location of the Trademark Office 
the Convention creating the Community patent has been signed and should be 
ratified before the end of 1991. The Commission would point out that, to its 
knowledge, none of the national ratification procedures has been started; this 
situation can only jeopardize the entry into force of the Convention. 
Of the proposals adopted, only the Directive on the protection of integrated circuits 
is in force. It has been transposed into national law in all the Member States. In 
some cases, the Commission is examining, with the Member States, the technical 
aspects of this transposition process. 
III. THE REMOVAL OF TAX BARRIERS 
79. As was the case at the time of the 5th annual report the translation of the 
political orientations of the Council into practical reality through the adoption of 
legal texts has still not been achieved. This is the case despite the considerable 
efforts made by the Council Presidencies during the last year and reflects not only 
the complexity and contentious nature of the dossier but also the difficulties inherent 
in obtaining unanimity on the issues in question. 
As the Commission has already noted in its report under Article 8b the achievement 
of the 1992 goal is becoming more and more dependent on the progress of this 
dossier. Moreover the situation becomes more critical as time passes due to the need 
for a reasonable period of time between adoption of Community law and its 
implementation. This is needed to allow Member States to put in place their own 
legislative provisions and to allow economic operators time to plan for the new 
indirect tax regimes which will apply after 1992. The shortage of time, the fact that 
the Council has in its possession all of the objectives and the existence of clear 
political orientations from the ECOFIN Council itself all argue strongly for early 
decisions by the Council on the various legal texts. 
Value added tax 
80. Following the Council's decision at the end of 1989 that it was not able to 
adopt the definitive internal market VAT regime in time for 1.1.1993 the 
Commission made a proposal for a transitional regime for the period up to the end of 
1996. This proposal, which ensures the ending of frontier controls, but which 
maintains the notion of a tax charge in the Member State of destination, has been the 
subject of detailed and lengthy discussions during the second half of 1990 and during 
the first half of 1991, mainly in the ad hoc working party previously set up by the 
Council to deal with the fiscal questions. In December 1990 the Council decided on 
the main features of the transitional VAT regime, without at that stage adopting a 
legal text. Work has continued in the Council ad hoc working party on the issues 
that were left outstanding at the time and it now seems probable that the Council 
will agree on the required legal text during July 1991. However, it should be noted 
24 
that if the internal market objectives are to be really achieved and the fiscal 
treatment of intra-Community and national trade is to be aligned the decision taken 
in Council must include a real commitment to the changeover to the definitive VAT 
regime. 
81. The successful working of the transitional VAT regime and indeed the 
definitive VAT regime will depend on the putting into place of a mechanism for 
administrative cooperation between tax administrations as provided for by the 
Commission proposal on this subject.. In December 1990, the Council reached 
agreement on the control measures for cooperation between Member States necessary 
for the proper functioning of the indirect taxation systems (VAT and excise duty) 
after 1992. It is essential that the legal texts are adopted quickly by the Council. 
For its part the Commission has completed the first phase of a feasibility study on 
the computerized exchanges of information, as requested by the Council, and is also 
in the process of putting into place the procedures to allow for the exchange of fiscal 
officials between Member States. 
82. With regard to the approximation of VAT rates the Council undertook during 
1989 to come to a decision on the level and coverage of the standard and reduced 
VAT rates by the end of 1991. Following preparatory work in the ad hoc working 
party, the Council agreed in March 1991 on the application and coverage of the 
reduced rates. It also undertook to take a decision on all rated (VAT and excise 
duty) by the end of June 1991. The corresponding legal texts will have to be 
adopted by the end of the year. 
Excise duties 
83. During the second half of 1990 and particularly during the first half of 1991 
the Council ad hoc working party has been examining in detail the Commission's 
proposal for a directive dealing with the circulation of goods liable to excise duties. 
This work led the Council to take a position on a number of points of substance in 
December 1990, and again in April 1991, which gives grounds for the belief that the 
Council will be able to adopt a legal text during the month of July. This would 
allow the ending of border formalities for goods liable to excise duty and would 
represent a significant step forward in this area, where progress to date has been 
very slow. However, it must not be forgotten that the Council will also need to act 
on the Commission's proposals relating to the structure of the excise duties of 
mineral oils, tobacco products and alcoholic beverages if the internal market excise 
duty regime is to be successfully put in place. 
84. On the approximation of excise duty rates the Council has yet to clearly 
indicate its preferences except in the case of the excise duty on diesel fuel where the 
Council has said that in accordance with instructions of the Rome European Council 
concerning the taxation of road transport, it will express a view by the end of 
June 1991. As in the case of VAT, however, recent work in the ad hoc working 
group suggests that the Council will be in a position to clearly indicate its 
requirements during the month of June 1991. This agreement will have to be backed 
up by the adoption of the appropriate legal text. 
Travellers' allowances 
85. The partial adoption by the Council in March 1991 of the Commission's 
proposal for a gradual and significant increase in travellers' allowances up to the end 
of 1991 represents an element of success in the fiscal programme. In March 1991, 
two fundamental steps were taken in this area : on the one hand, the unanimous 
decision by the Council to totally abolish restrictions concerning travellers' allowances 
on duty paid goods, as from 1st January 1993, and on the other hand, in that 
perspective, the raising of these allowances by 50 % as from the 1st July 1991. 

ANNEXES 
INTRODUCTION 
The following Annexes outline 
A. Progress to date at both"Council and Commission level 
on adoption of initiatives contained in the White 
Paper programme 
B. Information concerning implementation of Community 
measures on the Internal Market in the Member States 
A. Adoption of White Paper initiatives - Commission and 
Council aspect 
ANNEX 1 : List of initiatives presented in the context 
jof the Completion of the Internal Market 
which have been adopted by the Commission and 
Council up to 31 May 1991 
ANNEX 2 : List of Commission proposals awaiting Council 
adoption as at 31 May 1991 
B. Implementation by Member States of Legal Acts required 
to complete the Internal Market 
ANNEX 3 : List of directives, regulations, decisions 
and recommendations contained in the White 
Paper programme which are already in force or 
due to enter into force by 31/12/1991 
ANNEX 4 : List of implementing measures taken in the 
framework of the White Paper which are already 
in force or which should enter into force 
before 31/12/1991 
ANNEX 5 : Court of Justice decisions not implemented by 
Member States (procedures underway on the 
basis of Article 171 of the Treaty) 
ANNEX 6 : Global assessment of implementation in 
individual Member States 
ANNEX I 
to Sixth Progress Report 
31 May, 1991 
COMPLETION OF THE INTERNAL MARKET 
INITIATIVES AND PROPOSALS 
ADOPTED BY COMMISSION AND COUNCIL 
The following list shows the proposals presented in the context of the Completion of 
the Internal Market which have been adopted or partially adopted by both 
Commission and Council. Numbers refer to the total number of decisions taken by 
Council including partial adoptions. Those partially adopted will require further 
Council decision. 
SUBJECT ADOPTION DATE 
PART ONE : THE REMOVAL OF PHYSICAL BARRIERS 
I. CONTROL OF GOODS 
1. Various controls 
1. Duty free admission of fuel contained in the PARTIALLY ADOPTED 
fuel tanks of commercial motor vehicles (coaches) 8/7/85 DIR. 
lorries and coaches COM(84)171, 85/347 
COM(86)383 OJ L 183 of 16/7/85 
COMMENTS : Implementation date : 1/10/1985 
Single Administrative document (SAD) third ADOPTED 8/7/85 
country aspects REG. 1900/85 
& 1901/85 
OJ L 179 of 11/7/85 
COMMENTS : Implementation date : 1/1/1988 (a further Regulation 
concerning the abolition of the single administrative document was adopted by 
Council on 21 March 1991 : Regulation 91/717, OJ L 78 of 26/3/91; 
implementation 1/1/1993) 
3. Abolition of customs presentation charges ADOPTED 9/6/86 
REG. 1797/86 
OJ L 157 of 12/6/86 
COMMENTS : Implementation date : 1/1/1988; DEROGATIONS for Spain and 
Portugal 
Elimination of customs formalities in the 
framework of the TIR convention (COM 
(86)184) and the introduction of common 
border posts - "banalisation" ADOPTED 1/12/86 
(TIR aspect) 
REG 3960/86 
OJ L 341 of 4/12/86 
and 
21/12/88 
REG 4283/88 
OJ L 382 of 31/12/88 
COMMENTS : Implementation dates -
Reg. 3690/86 - 1/7/87 
Reg. 4283/88 - 1/7/89 
Simplification of Community transit 
procedure : amendment to Reg. 222/77 
COMMENTS : Implementation date : 1/7/88 ADOPTED 11/6/87 
REG.87/1674 
OJ L 157 of 17/6/87 
Elimination of controls performed at the 
frontiers of Member States in the field of 
road and inland waterway transport 
i 
COMMENTS : Implementation date : 1/7/90 ADOPTED 21/12/89 
REG. 89/4060 
OJ L 390 of 30/12/89 
Transit advice note 
Regulation 222/77) (amendment to 
COMMENTS : Implementation date : 1/7/90 
8. Community transit 
COMMENTS : Implementation : 
Entry into force : 29/9/90 
Application : 1/1/93 
2. Veterinary and phytosanitary controls 
Veterinary Controls 
9. Microbiological controls (meats, poultry, red 
meat) ADOPTED 22/2/1990 
REG.474/90 
OJ L 51 of 27/2/90 
ADOPTED 17/9/90 
REG. 2726/90 
OJ L 262 of 26/9/90 
ADOPTED 12/6/85 
Dirs 85/323 & 
85/324 
OJ L 168 of 28/6/85 
COMMENTS : Implementation date Dir. 85/323 : obligation to conform to 
terms of directive contains period not yet fixed; 
Implementation date Dir. 85/324 : as above 
10. Medical examination of Personnel ADOPTED 12 & 20 June 
1985 Directives 
85/325,85/326 
85/327 
OJ L 168 of 28/6/85 
COMMENTS : Implementation dates : 
Dirs.85/325, 85/326 & 85/327 : 1/1/86 
11. Swine fever ADOPTED 12/6/85 
Dirs. 85/320, 85/321 & 
85/322 
OJ L 168 of 28/6/85 
COMMENTS : Implementation dates : 
Dirs. 85/320, 85/321 & 85/322 : 1/1/1986 
12. Hormone growth promoters ADOPTED 10/7/85 
Dir 85/358 
OJ L 191 of 23/7/85 
Dir 88/146 
of 7/3/88 
OJ L 70 of 16/3/88 
COMMENTS : Implementation dates : 
Dir. 85/358 : 1/1/87 
Dir. 88/146 : 1/1/88 
NB : Directive 88/146 replaces Directive 85/649 in accordance with the Court 
of Justice ruling on hormones in March 1988 
TT. Production and trade in milk ADOPTED 5/8/85 
Dir. 85/397 
OJ L 226 of 24/8/85 
COMMENTS : Implementation date : 1 January 1989 
14. Control of foot and mouth disease 
COMMENTS : Implementation date 1/1/1987 ADOPTED 18/11/85 
Dir.85/511 
OJ L 315 of 26/11/85 
15. Antibiotic residues ADOPTED 16.9.86 
Dir 86/469 
OJ L 275 of 24/9/86 
COMMENTS : Implementation dates : 1 April 1987 (Articles 3 and 4); H_ 
December 1987 (Articles 5,11,12), 31 December 1988 (all other articles) 
16. Control of residues ADOPTED 16.9.86 Dir 
86/469 
OJ L 275 of 24/9/86 
COMMENTS : Implementation dates : 1 April 1987 (Articles 3 and 4); li 
December 1987 (Articles 5,11,12), 31 December 1988 (all other articles) 
17. Live animals of the porcine species : ADOPTED 16/12/86 
eradication of African swine fever in Dec.86/649 
Portugal OJ L 382 of 31/12/86 
COMMENTS : PORTUGAL to submit a reinforced plan to the Commission for 
the eradication of African swine fever and the restructuring of pig farms. No 
precise deadlines mentioned in the decision. Commission to approve plans 
according to the procedure of the Standing Veterinary Committee which 
includes specific time limits, and follow the developments concerning the 
implementation of eradication plan (a report must be made to the Committee at 
least once a year). 
A supplementary plan was adopted in 1989 - Directive 89/577, OJ L 322 of 
7/11/1989. 
18. Live animals of the porcine species : ADOPTED 16/12/86 
eradication of African swine fever in Spain Dec. 86/650 
OJ L 382 of 31/12/86 
COMMENTS : SPAIN to submit reinforced plan for the above-mentioned 
eradication scheme. No precise deadlines are mentioned in the decision. The 
Commission must approve these plans, according to the procedure of the 
Standing Veterinary Committee which includes specific time limits, and follow 
the developments concerning the implementation of the eradication plan. (A 
report must be made to the Committee at least once a year) 
19. Live animals of the bovine species: amended ADOPTED 22/12/86 
eradication directives to provide for final Decision 87/58 
eradication of brucellosis tuberculosis & OJ L 24 & L 32 
leukosis in all Member States including of 27/1 & 3/2/87 
Spain and Portugal respectively 
COMMENTS : Member States shall draw up eradication plans to be submitted 
to the Commission within nine months of the notification of Decision; the 
Commission, after examination of the proposed plans and any amendments 
thereto, shall approve them according to the procedure of the Standing 
Veterinary Committee. On the dates fixed by the Commission in its decision of 
approval, Member States shall bring into force the national provisions required 
to implement the eradication plans. 
~ Modification of Directive 72/461 on health ADOPTED 30/12/86 
problems affecting intra-Community trade Dir.87/64 
in fresh meat and Directive 72/462 on OJ L 34 of 5/2/87 
health and veterinary inspection problems 
upon importation of bovine animals and 
swine and fresh meat from 3rd countries 
COMMENTS : Implementation date : 1/1/88: 
This directive was annulled by the European Court of Justice on 16 November 
1989 - Case Number 131/87 - and published in Official Journal C 313 of 13 
December 1989. A replacement proposal- COM(90)175 - was adopted by 
Council during its session of 21 -24 May 1991. 
20. Eradication of classical swine fever in the 
Community as a whole and swine fever ADOPTED 7/4/87 
Decs 87/230 & 
87/231, OJ L 99 
of 11/4/87 
A further 4 
adoptions Dirs 
87/486,487 & 
489, Dec. 87/488 
taken on 22/9/87 
OJ L 280 
of 3/10/87 
COMMENTS : 
Decision 87/230 to apply from 1/1/1987. 
Decision 87/231: Member States to enforce necessary measures to comply with 
decision not later than 31/12/87 and must inform the Commission thereof. 
Directives 87/486. 87/487 and Dec. 87/488 drawn up in line with article 2 of 
Decision 87/230 which required further Council decision on financial measures 
before 1/11/87, and Directive 87/489 in line with Article 3 of Decision 87/231, 
which required further Council decision before 1/11/87. 
Directive 87/486 (control of classical swine fever): Member States to bring into 
force laws and other provisions necessary to comply with directive not later 
than 31 December 1987: Commission to be notified of provisions 
Directive 87/487 (conditions designed to render and keep territory free of 
classical swine fever) : national programmes to be implemented in Member 
States not yet officially swine fever-free: minimum period of 6 years; 
maximum period 10 years. 
Decision 87/488: (classical swine fever : financial measures) original eradication 
plan under Directive 80/1095 given a 6 year period; this has now been 
extended by 4 years; those Member States not yet officially swine fever-free 
must therefore submit a new plan not later than 3 months before the expiry of 
their initial plan. 
Directive 87/489 : (swine fever : certain measures) Member States shall bring 
into force laws, etc. to comply with directive not later than 31 December 1988 
and must inform the Commission of these provisions 
21. Acceptance for breeding purposes of 
purebred breeding animals of the bovine 
species ADOPTED 18/6/87 
DIR.87/328 
L 167 of 26/6/87 
COMMENTS : Implementation date : 1/1/89. 
DEROGATION for Spain and Portugal to 
1/1/1992 
22. Amendment to Directive 80/215 on animal 
health problems affecting intra-Community 
trade in meat products ADOPTED 22/9/87 
Dir. 87/491 
L 279 of 2/10/87 
COMMENTS : Implementation date : 1/1/88 
23. Amendment to Directive 64/433 on health 
problems affecting intra-Community trade 
in fresh meat ADOPTED 3/5/88 
Dir.88/288 
OJ L 124 of 18/5/88 
COMMENTS : Implementation date : 1/1/89 
24. Amendment to Directive 72/462 on health 
and veterinary inspection problems upon 
importation of bovine animals and swine 
and fresh meat from third countries 
COMMENTS : Implementation date : 1/1/89 ADOPTED 3/5/88 
Dir.88/289 
OJ L 124 of 18/5/88 
25. Semen of animals 
species bovine and porcine 
COMMENTS : : Implementation dates : 
Directive 88/407 : 1/1/90 
Directive 90/429 : 31/12/91 ADOPTED 13/6/88 
DIR.88/407 
OJ L 194 of 22/7/88 
and 26/6/90 
DIR.90/429 
OJ L 224 of 18/8/90 
26. Minced meat and similar : health problems 
COMMENTS : Implementation date : 1/1/1992 ADOPTED 13/12/88 
DIR.88/657 
OJ L 382 of 31/12/88 
27. Modification of Dir. 77/99 - meat products ADOPTED 13/12/88 
DIR.88/658 
OJ L 382 of 31/12/88 
COMMENTS : Implementation date : 1/7/1990. 
DEROGATION for Greece until 31/12/1992 (in order to comply with the 
exception provided for in Article 3(1 )(9) of Directive 77/99) 
28. Zootechnical standards, porcine species ADOPTED 19/12/88 
DIR.88/661 
OJ L 382 of 31/12/88 
COMMENTS : Implementation date - 1/1/1991. DEROGATION until 1/1/93 for 
Spain and Portugal (but clause in decision which allows for prolongation of 
derogation) 
29. Pleuro-pneumonia in Portugal 
scheme for eradication financial ADOPTED 20/2/89 
Dec.89/145 
OJ L 53 of 25/2/89 
COMMENTS : Under the terms of the Decision, the Portuguese government 
will draw up a reinforced plan for the eradication of contagious bovine 
pleuropneumonia; no deadline is given for the submission of the plan which, 
when approved by the Commission, will qualify for Community financial 
assistance for a period of 3 years 
30. Imports of meat products from third 
countries (animal health and public health 
rules) 
COMMENTS : Implementation date : 30/6/1990 ADOPTED 21/3/89 
Dir. 89/227 
OJ L 93 of 6/4/89 
31. Purebred breeding - sheep and goats ADOPTED 30/5/89 
DIR 89/361 
OJ L 153 of 6/6/89 
COMMENTS : Implementation date : 1/1/1991 
32. Hygiene and health problems affecting the 
production and the placing on the market of 
egg products 
COMMENTS : Implementation date : 31/12/1991 ADOPTED 20/6/89 
DIR.89/437 
OJ L 212 of 22/7/89 
33. Pilot projects for the control of rabies PARTIALLY ADOPTED 
24/7/89 
DEC. 89/455 
OJ L 223 of 2/8/89 
COMMENTS : Not later than 6 months after notification of this Decision, the 
Member States on whose territory the presence of rabies has been established 
shall forward their pilot projects to the Commission; the Commission shall 
assess the pilot projects and within 4 months reach a final decision thereon; this 
decision shall contain the date on which the pilot projects will be implemented 
bv the Member States. 
34. Animal embryos ADOPTED 25/9/89 
DIR.89/556 
OJ L 302 of 19/10/89 
COMMENTS : Implementation date : 1/1/91 
35. Mutual assistance between the administrative 
authorities of the Member States and 
cooperation between the latter and the 
Commission to ensure the correct application 
of legislation on veterinary and zootechnical 
matters ADOPTED 21/11/89 
DIR.89/608 
OJ L 351 of 2/12/89 
COMMENTS : Implementation date : 1/7/1991 
36. Veterinary checks in intra-Community 
trade ADOPTED 11/12/89 
DIR.89/662 
OJ L 395 of 30/12/89 
COMMENTS : Implementation date : 31/12/91 
DEROGATION for Greece to 31/12/92 
37.Production and trade in medicated feeding-
stuffs ADOPTED 26/3/90 
DIR.90/167 
OJ L 92 of 7/4/90 
COMMENTS : Implementation date 
11(2); 31/12/92 (for Article 11(2)) 1/10/91 for all articles other than Article 
38. African Swine fever in Sardinia ADOPTED 26/4/90 
DEC.90/217 
OJ L 116 of 
8/5/90 
COMMENTS : Implementation : the decision applies only to the Italian 
Republic which is required to draw up a 5 year eradication plan for which no 
time limit for submission was given 
39. Brucellosis in small ruminants (sheep and 
goats) ADOPTED 21/5/90 
DEC. 90/242 
OJ L 140 of 1/6/90 
COMMENTS : Implementation date : the Decision applies only to France, 
Greece, Italy, Spain and Portugal who are required to submit eradication plans 
within 3 months of the notification of the decision 
40. Horses - competition ADOPTED 26/6/90 
DIR. 90/428 
OJ L 224 of 18/8/90 
COMMENTS : Implementation date : 1/7/91 
41. Horses - zoo-technical rules 
COMMENTS : Implementation date : 1/7/91 ADOPTED 26/6/90 
DIR. 90/427 
OJ L 224 of 18/8/90 
42. Horses - 3rd country imports & movement 
inside the Community 
COMMENTS : Implementation date : 1/1/92 ADOPTED 26/6/90 
DIR. 90/426 
OJ L 224 of 18/8/90 
43. Foot and mouth disease ADOPTED 26/6/90 
DIR. 90/423 
OJ L 224 of 
18/8/90 
COMMENTS : Implementation date : 1/1/92 
44. Expenditure in the veterinary field ADOPTED 26/6/90 
DEC.90/424 
OJ L 224 of 18/8/90 
COMMENTS : Implemention date : Decision applies immediately 
45. Veterinary and zootechnical checks in intra-
Community trade in certain live animals and 
products ADOPTED 26/6/90 
DIR. 90/425 
OJ L 224 of 18/8/90 
COMMENTS : Implementation dates : 
Article 10 - 28/9/90 
Remainder - 31/12/91 at the latest 
DEROGATION : additional time limit of one year allowed for Greece 
for "remainder" 
46. Financial measures for the eradication of 
IHN ADOPTED 24/9/90 
DEC. 90/495 
OJ L 276 of 6/10/90 
COMMENTS : Member States required to submit their eradication plans 3 
months after adoption of the decision 
47. Poultry and hatching eggs ADOPTED 15/10/90 
DIR.90/539 
OJ L 303 of 31/10/90 
COMMENTS : Implementation - 1 January 1992 (the provisions of the 
Directive and in particular Article 29 will be reviewed before 31/12/92 in the 
light of proposals concerning the completion of the internal market) 
ADOPTED 27/11/90 
DIR.90/667 
OJ L 363 of 27/12/90 48. Pathogens in feedingstuffs (Veterinary rules 
for disposal and processing of animal waste, 
for its placing on the market and for the 
prevention of pathogens in feedstuffs of 
animal or fish origin and amending Dir. 
90/425) 
COMMENTS : Implementation : 31/12/1991 
DEROGATION for Lander of Mecklenburg-W. Pomerania, 
Brandenburg, Saxony-Anhalt, Saxony and Thuringia in Federal Republic of 
Germany until 31/12/1992: Federal Republic required to submit report on the 
animal waste disposal situation in those Lander by 30/6/1992. 
49. Game Meat 
COMMENTS ADOPTED 27/11/90 
Not yet published in 
Official Journal 
50. Animal health conditions governing the 
placing on the market of aquaculture 
animals and products. ADOPTED 28/1/91 
DIR. 91/67 
OJ L 46 of 
19/2/91 
COMMENTS : Implementation date - 1/1/93 
51. Animal health problems - ovine and caprine 
species (intra-Community trade and third 
countries) ADOPTED 28/1/91 
Dirs 91/68 & 91/69 
OJ L 46 of 
19/2/91 
COMMENTS : Implementation dates -
DIR. 91/68 (intra-Community trade) 
Articles 7 & 8 : 2 months after 
notification 
Remainder : 31/12/92 
DIR. 91/69 : 31/12/92 
52. Pedigree animals not covered by existing 
directives : other species (amendment to 
Directives 77/504 and 90/425) ADOPTED 25/3/91 
DIR. 91/174 
OJ L 85 of 5/4/1991 
COMMENTS : Implementation date - 1/7/1992 
10 
Phvtosanitarv Controls 
53. Amendment to Directive 77/93 (plant 
health) 
COMMENTS : Implementation dates : 
DIR. 85/574 - 1/1/87 
DIR. 88/572 - 1/1/89 
54. Amendment of Directive 79/117/EEC on 
the prohibition of certain plant protection 
products (ethylene oxide) ADOPTED 19/12/85 DIR. 
85/574 OJ L 372 of 
31/12/85 and 14/11/88 
DIR.88/572 OJ L 313 of 
19/11/88 
ADOPTED 21/7/86 
Dir. 86/355 
OJ L 212 of 2/8/86 
COMMENTS : Implementation date : 1/7/87 (NB.: this Directive was amended 
by Dir.89/365 of 30 May 1989, OJ L 159 of 10/6/1989) 
55. Maximum levels for pesticide residues in 
cereals and foodstuffs of animal origin 
COMMENTS : Implementation date : 30/6/1988 
56.Directive fixing guidelines for the assessment ADOPTED 24/7/86 
Dirs 86/362 
& 86/363 
OJ L 221 of 7/8/86 
of additives used in animal nutrition 
COMMENTS : Implementation date : 31/12/87 ADOPTED 16/2/87 
Dir. 87/153 
OJ L 64 of 7/3/87 
Amendment to Directive 74/63 on undesirable 
substances and products in animal nutrition 
(maximum pesticide residues in animal 
feedingstuffs) ADOPTED 19/10/87 
Dir. 87/519 
OJ L 304 of 27/10/87 
COMMENTS : Implementation date : 31/12/90. 
NB : This directive was annulled by the European Court of Justice on 16 
November 1989 - Case Number 11/88 - and published in Official Journal C 
313 of 13 December 1989. A replacement directive was adopted by Council on 
4/3/91 - DIR. 91/132, OJ L 66 of 13/3/91. New implementation date : 
4/8/1991 
57. Certification of seeds 
COMMENTS : Implementation dates : 
Article 3 (11) & Article 7 (9) : 1/7/82 
Article 3 (12) : 1/1/83 
Article 6 (5) & (6) and Article 
7 (6) & (10) : 1/1/86 
Article 2 (8), (17), (20), (28); 
Article 3 (18), (31), (37); 
Article 5 (10), (19), (23), 
(25) Articles 1 (8), 2 (10), 3 
(20), 5 (12), 7 (18) : 1/7/92 
All other provisions : 1/7/90 ADOPTED 13/6/88 
DIR.88/380 
OJ L 187 of 16/7/88 
11 
58. Harmful organisms in seeds and seed 
potatoes (amendment to Directive 64/403) 
COMMENTS : Implementation date : 31/3/89 ADOPTED 30/5/89 
DIR. 89/366 
OJ L 159 of 
10/6/89 
59. Amendment to Dir. 77/93 on protective 
measures against the introduction into 
member States of organisms harmful to 
plants or plant products (plant health 
inspectorate and progressive reduction of 
checks) 
COMMENTS : Implementation dates : 
DIR. 89/439 - 1/1/90 
DIR. 90/168 - 1/1/91 ADOPTED 26/6/89 
DIR. 89/439 
OJ L 212 of 22/7/89_and 
26/3/90 
DIR.90/168 
OJ L 92 of 7/4/90 
60. Amendment to Directive 79/373 on the 
marketing of compound feedingstuffs ADOPTED 22/1/90 
DIR. 90/44 
OJ L 27 of 31/1/90 
COMMENTS : Implementation date : 22/1/92 
(a new proposal - COM(91)90 : OJ C 103 of 19/4/91 - concerning amendment 
of the implementation provisions has recently been submitted to Council) 
61. Amendment to Annex to Dir. 79/117 on the 
banning of the marketing and use of 
phytopharmaceutical products containing 
certain active substances ADOPTED 15/10/90 
DIR. 90/533 
OJ L 296 of 27/10/90 
COMMENTS : Implementation: 
All aspects except that mentioned below: 30/12/90 Compound under section 
C,8 of Annex to Dir.79/117, 30/9/91 
62. Maximum levels for pesticide residues in 
and on certain products of plant origin 
including fruit and vegetables ADOPTED 27/11/90 
DIR. 90/642 
OJ L 350 of 14/12/90 
COMMENTS: Implementation - 31/12/92 
12 
IL CONTROL OF INDIVIDUALS 
63. Sixth Directive relative to allowances in 
intra-Community travel: increase to 350 
ECUS ADOPTED 8/7/85 
Dir. 85/348 
OJ L 183 of 16/7/85 
COMMENTS : Implementation date : 1/10/1985; 
Certain DEROGATIONS for Denmark, Greece and Ireland. 
NB: a further decision in this domain was taken on 21/12/1988 which increased 
the allowance to 390 ECU - Dir. 88/664. OJ L 382 of 31/12/1988, 
implementation date 1/7/89: certain DEROGATIONS for Denmark, Greece and 
Ireland. 
64. Tax reliefs to be allowed on the importation 
of goods in small consignments of a non­
commercial character within the Community: 
up to 100 ECU ADOPTED 8/7/85 
Dir.85/349 
OJ L 183 of 16/7/85 
COMMENTS : Implementation date: 1/10/1985. DEROGATION for Ireland. 
NB: A further decision in this domain was taken on 21/12/1988 increasing the 
allowance to 110 ECU -Dir.88/663. OJ L 382 of 31/12/88, implementation: 
1/7/89: DEROGATION for Ireland. 
65. Small consignments: exemption from VAT 
on the final importation of goods 
(amendment to Directive 83/181 determining 
the scope of Article 14(1 )(d) of Directive 
77/388) 
COMMENTS : Implementation date: 1 January 1989 ADOPTED 13/6/88 
Dir. 88/331 
OJ L 151 of 17/6/88 
66. Modification to Dir. 83/183 (tax exemptions 
applicable to permanent imports from a 
Member State of the personal property of 
individuals) 
COMMENTS : Implementation date: 1/7/1990 ADOPTED 23/11/89 
DIR.89/604 
OJ L 348 of 29/11/89 
67. Amendment to Directive 69/169 increasing tax 
paid allowances in intra Community travel 
and as regards a derogation granted to 
Denmark and Ireland relating to the rules 
governing travellers' allowances on imports 
COM(89)331 PARTIALLY ADOPTED 
27/3/91 
DIR. 91/191 OJ L 94 of 
16/4/91 
COMMENTS : Implementation - 8/4/91 for Article 1, points 4 & 5 (derogation 
for Denmark and Ireland); 1/7/91 for remainder of Directive 
13 
PART TWO : THE REMOVAL OF TECHNICAL BARRIERS 
I. FREE MOVEMENT OF GOODS 
1. New approach in technical harmonization and standards policy 
68. Simple Pressure Vessels ADOPTED 25/6/87 
Dir. 87/404 
OJ L 220 of 8/8/87 
COMMENTS : Implementation date: 1/7/90 
(Member States required to publish laws of compliance by 1/1/90) 
The above Directive was amended on 17/9/1990 by DIR. 90/488, OJ L 270 of 
2/10/90; optional application until 1/7/1992 
69. Extension of information procedures on . 
standards and technical rules (amendment to 
Directive 83/189) 
COMMENTS : Implementation date: 1 January 1989 ADOPTED 22/3/88 
Dir.88/182 
OJ L 81 of 26/3/88 
70. Safety of toys 
COMMENTS : Implementation date : 1/1/90 
(publication date for laws of compliance 
30/6/90) ADOPTED 3/5/88 
DIR.88/378 
OJ L 187 of 16/7/88 
71. Electromagnetic compatibility ADOPTED 3/5/89 
DIR. 89/336 
OJ L 139 
of 23/5/89 
COMMENTS : Laws of compliance must be published by 1/7/1991 whilst 
implementation is due on 1/1/92 
72. Machinery ADOPTED 14/6/89 
DIR. 89/392 
OJ L 183 
of 14/6/89 
COMMENTS : Implementation date: 31/12/1992 
73. Personal protective devices 
COMMENTS : Implementation date: 1/7/92 ADOPTED 21/12/89 
DIR.89/686 
OJ L 399 
of 31/12/89 
74. Electro-medical implantables ADOPTED 20/6/90 
DIR.90/385 
OJ L 189 
of 20/7/90 
COMMENTS : Implementation date 1/1/93. Optional application 1993 and 1994 
14 
75. Non-automatic weighing 
instruments 
COMMENTS : Implementation date : 1/1/93 
Transitional period foreseen ADOPTED 20/6/90 
DIR. 90/384 
OJ L 189 
of 20/7/90 
76. Gas appliances ADOPTED 29/6/90 
DIR.90/396 
OJ L 196 
of 26/7/90 
COMMENTS : Implementation date - 1/1/92 Transitional period up to 
31/12/1995 
77. Tests and certificates (Modules for the 
various phases of the conformity assessment 
procedures which are intended to be used in 
the technical harmonisation directives) ADOPTED 13/12/90 
DEC. 90/683, 
OJ L380 of 31/12/90 
COMMENTS 
r— Implementation not required 
2. Sectoral proposals concerning approximation of laws 
2.1. Motor vehicles 
78. Type approval of motor vehicles and their 
trailers (amendment to Directive 70/156) 
COMMENTS : Implementation date : 1/10/88 ADOPTED 25/6/87 
DIR.87/358 
OJ L 192 of 11/7/87 
79.Gaseous emissions, passenger cars ADOPTED 3/12/87 
Dir. 88/76 
OJ L 36 of 9/2/88 
COMMENTS : Implementation date : 1/7/88; The Commission has proposed a 
consolidated Directive on passenger car emissions (COM(89)662 final) on which 
the Council reached a Common Position on 4/3/91. 
80. Gaseous emissions, commercial vehicles ADOPTED 3/12/87 
Dir. 88/77 
OJ L 36 of 9/2/88 
COMMENTS : Implementation date : 1/7/88 
The Commission has made a proposal for a Directive including a second stage 
for further reduction of gaseous pollutants and limit values for particulate 
emissions (COM(90)174) on which the Council adopted a Common Position on 
18 March 1991 
15 
81. Diesel particulates ADOPTED 16/6/88 
DIR.88/436 
OJ L 214 of 6/8/88 
COMMENTS : Implementation date : 1/10/88 
In the framework of the proposal for a consolidated directive on passenger car 
emissions - COM(89)662 fin - the Commission has proposed a second stage for 
further reduction in the limit values for particulate pollutant emissions of diesel 
powered passenger cars. The Council reached a Common Position on 4/3/91 
82. Motorcycle replacement exhaust systems ADOPTED 13/3/89 
Dir. 89/235 
OJL98 of 11/4/89 
COMMENTS : Implementation date : 1/10/1989 
83. Motor vehicles - lateral protection ADOPTED 13/4/89 
DIR.89/297 
OJ L 124 of 5/5/89 
COMMENTS : Implementation date : 30/10/89 
84. Modification to Dir. 70/220 (limit values for 
vehicles below 1400 cc) ADOPTED 18/7/89 
DIR. 89/458 
OJ L 226 of 3/8/89 
COMMENTS : Implementation date : 1/1/1990; the Commission has proposed a 
consolidated Directive on passenger car emissions (COM(89)662 final) to bring 
into line with Dir. 89/458 the requirements for medium and large passenger 
cars. The Council reached a Common Position on 4/3/91. 
2.2. Tractors and agricultural machines 
85. Rollover protection structures (incorporating 
two pillars and mounted in front of the 
driver's seat on narrow-track wheeled 
agricultural and forestry tractors 
COMMENTS : Implementation date : 25/6/89 ADOPTED 25/6/87 
Dir.87/402 
OJ L 220 of 8/8/87 
86. Modification of framework directive 74/150 
COMMENTS : Implementation date : 31/12/1988 ADOPTED 3/5/88 
Dir.88/297 
OJ L 126 of 20/5/88 
87. Certain components and characteristics of 
wheeled agricultural or forestry tractors 
(weight and dimensions, drive-shaft, engine 
stopping device, windscreen wipers, 
footrest) ADOPTED 21/12/88 
DIR.89/173 
OJ L 67 of 10/3/89 
COMMENTS : Implementation date : 31/12/89 
16 
2.3. Food law 
88. Coffee extracts 
(modification) chicory extracts ADOPTED 19/12/85 
Dir.85/573 
O.J. L 372 of 31/12/85 
COMMENTS : Member States to take necessary measures (a) by 1/1/87 as far 
as trade in products that conform to present directive is concerned; (b) by 
1/7/88 as far as trade in products that do not conform to present directive is 
concerned 
89. Simulants (plastic materials in contact with 
foodstuffs) ADOPTED 19/12/85 
Dir.85/572 
OJ L 372 of 31/12/85 
COMMENTS : Member States shall : 
- permit trade in and use of plastics, materials and articles complying with this 
Directive up to 1 January 1991 
- prohibit trade in and use of plastics, materials and articles intended to come 
into contact with foodstuffs and which do not comply with this Directive as 
from 1 January 1993 
90. General Directive on sampling and methods 
of analysis ADOPTED 20/12/85 
Dir.85/591 
O.J. L 372 of 31.12.85 
COMMENTS : Implementation date : 22/12/87 
91. Preservatives (modification) ADOPTED 20/12/85 
Dir. 85/585 
O.J. L 372 of 31.12.85 
COMMENTS : Implementation date : 31.12.1986 
92. Emulsifiers (modification) 
COMMENTS : Implementation date : 26/3/88 ADOPTED 24/3/86 
Dir.86/102 
O.J. L 88 of 3/4/86 
93. Obligation to indicate ingredients and 
alcoholic strength ADOPTED 
26/5/86 
Dir.86/197 
OJ L 144 
of 29/5/86 
COMMENTS : Member States to modify (if necessary) their legislation in order 
to : 
- permit trade in products which comply with this Directive by 1 May 1988 at 
the latest; 
- prohibit trade in products which do not comply with this Directive as from 1 
May 1989 
94. Extraction solvents ADOPTED 13/6/88 
DIR.88/344 
OJ L 157 
of 24/6/88 
COMMENTS : Implementation date : 12/6/91 
17 
95. Flavourings ADOPTED 22/6/88 
DIR.88/388 
OJ L 184 of 15/7/88 
COMMENTS : Implementation date : 21/12/89 
(marketing of goods complying with the directive shall be permitted by 
22/6/90 whilst marketing of goods npl complying with the directive shall be 
prohibited by 22/6/91) 
96\ Jams : ADOPTED 18/11/88 
DIR;88/593 
OJ L 318 of 25/11/88 
COMMENTS: Member States to take measures in order to : - permit trade in 
products which comply with this directive by 31/12/89: - prohibit trade in 
products which p!p_ npl comply with this directive by 1/1/91. 
97. Frozen foods ADOPTED 21/12/88 
DIR.89/108 
OJ L 40 of 11/2/89 
COMMENTS : Member States to take measures in order to : - permit trade in 
products which comply with this directive by 10/7/1990; - prohibit trade in 
products which do not comply with this directive 10/1/1991 
9S. Food additives ADOPTED 21/12/88 
DIR.89/107 
OJ L 40 of 11/2/89 
COMMENTS : Implementation date : 28/6/1990 
(Member States to take measures to permit trade in products complying with 
this directive by 28 December 1990 and to prohibit trade in products not 
complying with this Directive by 28 December 1991) 
99! Materials in contact with foodstuffs ADOPTED 21/12/88 
DIR.89/109 
OJ L 40 of 11/2/89 
COMMENTS : Member States to take measures to : 
- permit trade in goods which comply with this directive by 10/7/1990; 
- to prohibit trade in goods which do not comply with this directive by 
10/1/1992 
100. Food for particular nutritional uses ADOPTED 3/5/89 
DIR. 89/398 
OJ L 186 
of 30/6/89 
COMMENTS : Implementation dates : 
- trade in goods complying with the directive to be permitted by 16/5/1990 
- trade in goods not complying with the directive to be prohibited by 
16/5/1991 
18 
101. Definition, description and presentation of ADOPTED 30/5/89 
spirit drinks REG. 1576/89 
OJ L 160 
of 29/5/89 
COMMENTS : The Regulation entered into force on the third day after its 
publication in the Official Journal of the European Communities (15/6/89): 
Application from 15/12/1989 except for Articles 13 to 16 which apply from 
15/6/1989 
102. Official control of foodstuffs ADOPTED 14/6/89 
DIR. 89/397 
OJ L 186 
of 30/6/89 
COMMENTS : Implementation date : 20/6/1990 Application date : 20/6/91 
103. Fruit juices and similar products (third ADOPTED 14/6/89 
amendment to Dir.75/726) DIR. 89/394 
OJ L 186 
of 30/6/89 
COMMENTS : 
- trade in goods complying with the directive to be permitted by 14/6/1990 
- trade in goods not complying with the directive to be prohibited by 
14/6/1991 
104. Labelling, presentation and advertising of ADOPTED 14/6/89 
foodstuffs for sale to the ultimate consumer DIR.89/395 
(amendment to Dir. 79/112) OJ L 186 
of 30/6/89 
COMMENTS : 
- Trade in goods complying with this Directive to be permitted by 20/12/1990 
- Trade in goods not complying with this Directive to be prohibited by 
20/6/1992 
105. Nutrition labelling" rules ADOPTED 24/9/90 
DIR. 90/496 
OJ L 276 
of 6/10/90 
COMMENTS : 
- Trade in goods complying with this measure to be permitted by 1/4/92 
- Trade in goods not complying with this measure to be prohibited by 1/10/93 
2.4. Pharmaceuticals and high-technology medicines 
106. Proposal for Directive concerning the 
placing on the market of high-technology 
medicinal products incl. those derived from 
biotechnology 
ADOPTED 22/12/86 
Dir.87/22 
OJ L 15 of 17/1/87 
COMMENTS : Implementation date : 1/7/87 
19 
107. Proposal amending Directive 75/318/EEC Idem 
concerning the testing of medicinal products DIR 87/19 
COMMENTS : Implementation date : 1/7/87; 
DEROGATION for Portugal under the Treaty of Accession until 1/1/91 
108. Proposal amending Directive 81/852/EEC 
concerning veterinary medicinal products 
COMMENTS : Implementation date : 1/7/87 idem 
DIR 87/20 
109. Proposal for a Council Directive amending 
Directive 65/65/EEC concerning medicinal 
products ADOPTED 22/12/86 
DIR 87/21 
OJ L 15 of 17/1/87 
COMMENTS : Implementation date : 1/7/87 
DEROGATIONS for Greece, Portugal and Spain until 1/1/92 
110. Proposal for a Council Recommendation 
concerning tests relating to the placing on 
the market of medicinal products ADOPTED 9/2/87 
REC.87/176 
OJ L 73 of 16/3/1987 
COMMENTS : No implementation period required for this recommendation 
111. Membership of the European Pharmacopeia ADOPTED 26/5/87 
COMMENTS : This adoption enabled the Commission to negotiate membership 
on behalf of the 12 Member States; the Community joined in September 1989. 
112. Price transparency in the prices 
medicines and social security refunds of ADOPTED 21/12/88 
DIR.89/105 
OJ L 40 of 11/2/89 
COMMENTS : Implementation date : 31/12/89 
113. Extension of directives to medicinal 
products not already included : proprietary 
medicinal products (Dir. 341/89); 
immunological medicinal or serums and 
allergens (Dir. 89/342); radiopharmaceuticals 
(Dir. 89/343); medicinal products derived 
from human blood or human plasma (Dir. 
89/381) ADOPTED 3/5/89 
DIRS 89/341 
89/342, 89/343 
OJ L 142 of 25/5/89 
and 
14/6/89 
DIR.89/381 
OJ L 181 
of 28/6/89 
COMMENTS : Implementation dates : 1/1/92 (with progressive extension to 
existing products by 31/12/1992) 
114. Regulation concerning Community 
procedure for the establishment of 
maximum residue limits for veterinary 
medicines 
COMMENTS : Implementation date : 1/1/92 ADOPTED 25/6/90 
REG.2377/90 
OJ L 224 of 
18/8/90 
20 
115. Amendment to Dir. 81/851 on 
approximation of laws relating to veterinary 
medicinal products 
COMMENTS : Implementation date : 1/1/92 ADOPTED 13/12/90 
DIR.90/676 
OJ L 373 of 31/12/90 
116. Extension of range of scope of Dir. 85/851 
on veterinary medicinal products 
(immunology) 
COMMENTS : Implementation date : 1/1/92 ADOPTED 13/12/90 
DIR.90/677, OJ L 
373 of 31/12/90 
2.5. Chemical products ADOPTED 1/10/85 
DIR 85/467 
OJ L 269 of 11/10/85 
117. Council Directive relating to restrictions on 
the marketing and use of PCB's 
(polychlorinated biphenyls) 
COMMENTS : Implementation date : 30/6/86 
118. Membership of the European Agreement on 
detergents . ADOPTED 12/12/85 
COMMENTS : The decision taken on 12/12/85 enables the Commission to 
commence negotiations for the Membership of the European Agreement on 
Detergents; there are no implementation requirements. 
119. Council Directive relating to "Restrictions on 
the marketing and use of asbestos" ADOPTED 20/12/85 
DIR.85/610 
OJ L 375 of 31/12/85 
COMMENTS : Implementation date : 31/12/87 
120. Non-ionic detergents 
existing Directive) (modification of ADOPTED 10/3/86 
DIR 86/94 
OJ L 80 of 25/3/86 
COMMENTS : Member States are being allowed to maintain exceptions to the 
requirements concerning certain non-ionic agents included in detergents laid 
down by Directive 73/404, the implementation date of which was 22/5/75, 
until 31/12/89 
121. Liquid fertilisers (amendment to directive 
76/116) ADOPTED 22/3/88 
Dir 88/183 
OJ L 83 of 29/3/88 
COMMENTS : Implementation date : 25 March 1989 
122. Classification, packaging and labelling of 
dangerous preparations 
COMMENTS : Implementation date : 8/6/91 ADOPTED 8/6/88 
DIR.88/379 
OJ L 187 of 16/7/88 
123. Secondary fertilisers (amendment to 
Dir.76/116 in respect of calcium, 
magnesium, sodium and sulphur content of 
fertilisers) ADOPTED 13/4/89 
Dir. 89/284 
OJ L 111 of 22/4/89 
COMMENTS : Implementation date : 16 April 1990 
124. Oligo-elements in 
COMMENTS : Im; 
2.6 Construction and co 
125. Tower cranes : pei 
COMMENTS : Imj 
126. Construction prodi 
COMMENTS : Im 
2.7. Other items 
127. Tyre pressure gauj 
COMMENTS : Imp 
128. Household applianc 
COMMENTS : Imp 
129. Hydraulic diggers ( 
COMMENTS : Impl 
NB : 6 years after ii 
130. Protection of hotels 
COMMENTS : Mea 
Member States to re 
taken in accordance 
131. Directive on prodi 
be other than they 
or safety of consum 
COMMENTS : Impl 
22 
132. Modification to Directive 84/538 on lawn 
mower noise ADOPTED 22/3/88 
Dirs 88/180 
& 88/181 
OJ L 81 of 26/3/88 
COMMENTS : Implementation date : 1 July 1991 
133. Indication of prices of non-foodstuffs 
COMMENTS : Implementation date : 7/6/90 ADOPTED 7/6/88 
Dir. 88/314 
OJ L 142 of 9/6/88 
134. Indication of prices of foodstuffs 
COMMENTS : Implementation date : 7/6/90 ADOPTED 
7/6/88 
Dir.88/315 
OJ L 142 of 9/6/88 
135. Good laboratory practices : non-clinical 
testing of chemicals ADOPTED 7/6/88 
Dir.88/320 
OJ L 145 of 11/6/88 
COMMENTS : Implementation date : 1 January 1989 
136. Cosmetics ADOPTED 21/12/88 
DIR.88/667 
OJ L 382 of 31/12/88 
COMMENTS : Implementation date : 31/12/89 
23 
II PUBLIC PROCUREMENT 
137. Coordination of procedures on the award of 
public supply contracts (amendment of 
directive 77/62) and deletion of certain 
provisions of directive 80/767 ADOPTED 22/3/88 
Dir.88/295 
OJ L 127 of 20/5/88 
COMMENTS : Implementation date : 1/1/89; 
DEROGATIONS for Greece, Portugal & Spain until 1/3/92 
138. Amendment to Dir. 71/305 concerning 
coordination of procedures for the award of 
public works contracts ADOPTED 18/7/89 
DIR. 89/440 
OJ L 210 of 21/7/1989 
COMMENTS : Implementation date : 19/7/1990 DEROGATIONS for Greece, 
Spain and Portugal until 1/3/1992 
139. Public procurement 
(remedies) 
COMMENTS : Implementation date 21/12/91 ADOPTED 21/12/89 
DIR. 89/665 
OJ L 395 of 30/12/89 
140. Public proclirement (excluded sectors) ADOPTED 17/9/90 
DIR.90/531 
OJ L 297 of 29/10/90 
COMMENTS : Implementation : 
Measures to be ready for compliance : 1/7/92 Application : 1/1/93 
DEROGATIONS : Spain to 1 /1 /96 Greece & Portugal to 1/1/98 
24 
III. FREE MOVEMENT FOR LABOUR AND THE PROFESSIONS 
141. Comparability of vocational training ADOPTED 16/7/85 
qualifications Dec.85/368 
OJ L 199 of 31/7/85 
COMMENTS : First results (in 6 sectors) of the comparability procedure were 
published in 1989 and in 1990; an interim report was published by the 
Commission in June 1990 and a Council Resolution adopted on 26 November 
1990. 
142. Coordination of provisions in respect of ADOPTED 16/9/85 
certain activities in the field of pharmacy DIR 85/432 
& DEC 85/434/EEC 
OJ L 253 of 24/9/85 
COMMENTS : Implementation date DIR 85/432 - 1/10/87: Decision 85/434 
concerned the creation of an Advisory Committee on Pharmaceutical Training 
within the Commission 
143. Mutual recognition of diplomas in pharmacy ADOPTED 16/9/85 
Dir. 85/433 
OJ L 253 of 24/9/85 
i 
COMMENTS : Implementation date : 1/10/87. 
DEROGATION for Greece : 10 years after entry into force the Commission 
must make proposals aiming at the extension of mutual recognition of diplomas 
to self-employed pharmacists A directive including SPAIN and PORTUGAL in 
this measure was adopted in 1985 - Dir. 85/584 - and published in OJ L 372 
of 31/12/85 
144. University/Industry Cooperation in the field ADOPTED 24/7/86 
of new technologies (COMETT) Dec.86/365 
OJ L 222 of 8/8/1986 
COMMENTS : Implementation : preparatory phase 1986; operation of 
programme 1987-1989; COMETT II adopted 16/12/88 (OJ L 13 of 17/1/89 -
implementation 1990/1994); 
Commission report on 1989 activities published 11 April 1990 - COM(90)119; 
Report on COMETT I (1987-1989) in preparation and due for publication 
beginning June 1991 
145. Specific training in general medical practice ADOPTED 15/9/86 
Dir.86/457 
OJ L 267 of 19/9/86 
COMMENTS : Implementation date : 1/1/90 (see Article 1); 1/1/95 (see 
Article 7) 
146. Coordination relating to commercial agents ADOPTED 18/12/86 
DIR 86/653 
OJ L 382 of 31/12/86 
COMMENTS : Implementation date : 1/1/90; 
DEROGATION for ITALY concerning the provisions on the ending of commercial 
agents contracts (Article 17) to 1/1/93: DEROGATION for IRELAND and the 
llK.to 1/1/94 
25 
147. Regulated professions : General system for 
the mutual recognition of higher education 
diplomas awarded on completion of 
professional education and training of at 
least 3 years* duration ADOPTED 21/12/88 
DIR.89/48 
OJ L 19 of 24/1/89 
COMMENTS : Implementation date : 3/1/91 (a report on the state of 
application of the general system will be submitted by the Commission within 5 
years of the date of implementation) 
148. Right of residence - retired persons 
COMMENTS : Implementation date - 30/6/92 ADOPTED 28/6/90 
DIR.90/365 
OJ L 180 of 13/7/90 
149. Right of residence -
general directive 
COMMENTS Implementation date 30/6/92 ADOPTED 28/6/90 
DIR.90/364 
OJ L 180 of 13/7/90 
150. Right of residence - students 
COMMENTS : Implementation date - 30/6/92 ADOPTED 28/6/90 
DIR.90/366 
OJ L 180 of 13/7/90 
IV. COMMON MARKET FOR SERVICES 
1. FINANCIAL SERVICES 
1.1 Banks 
151. Accounts of banks ADOPTED 8/12/86 
DIR 86/635 
OJ L 372 of 31/12/86 
COMMENTS : Implementation date : 31/12/1990 
(facility for Member States to apply implementing rules for the first time for 
financial year accounts beginning 1993) 
152. Foreign branches1 accounts : banks 
ADOPTED 13/2/89 
Dir. 89/117 
OJ L 44 of 16/2/89 
COMMENTS : Implementation date : 1/1/1991 
(facility for Member States to provide that provisions shall apply for the first 
time to annual accounts for the financial year beginning on 1/1/93 or during 
the calendar year 1993) 
153. Own funds - banks 
COMMENTS : Implementation date : 1/1/1991 ADOPTED 17/4/89 
DIR. 89/299 
OJ L 124 of 5/5/89 
26 
154. Taking up and pursuit of the business of 
credit institutions and amendment to Dir. 
77/780 (2nd banking directive) 
COMMENTS : Implementation date 1/1/93 ADOPTED 15/12/89 
DIR.89/646 
OJ L 386 of 30/12/89 
155. Solvency ratio for credit institutions ADOPTED 18/12/89 
DIR.89/647 
OJ L 386 of 30/12/89 
COMMENTS : Implementation date 1/1/91 DEROGATIONS for Germany, 
Greece and Denmark on mortgage credits aspect to 1 /1 /96 and for Greece on 
application of 8% ratio until 1/1/2000 
Recommendation on the setting up of a 
guarantee system of deposit within the 
Community ADOPTED 22/12/1986 
Commission 
Recommendation 
87/63 
OJ L 33 of 4/2/1987 
COMMENTS : Implementation requirements do not apply 
(Directive in preparation) 
Recommendation on control of large 
exposures ADOPTED 
22/12/1986 
Commission 
Recommendation 
87/62 
OJ L 33 of 4/2/1987 
COMMENTS : Implementation requirements do not apply 
(Directive in preparation) 
Recommendation on transparency of banking 
conditions for financial cross border 
transactions 
ADOPTED 14/2/1990 
Commission 
Recommendation 
90/109 OJ L 67 of 15/3/90 
COMMENTS : Implementation requirements do not apply 
27 
1.2 Insurance 
156. Coordination of laws relating to legal 
expenses insurance ADOPTED 22/6/87 
Dir.87/344 
OJL 185 of 4/7/87 
COMMENTS : Implementation date : 31/12/89 
Application date : 1/7/90 
157. Credit insurance 
COMMENTS : Implementation date : 31/12/89 
Application date : 1/7/90 ADOPTED 22/6/87 
Dir.87/343 
OJ L 185 of 4/7/87 
158. Non-life insurance (2nd directive) ADOPTED 22/6/88 
Dir.88/357 
OJ L 172 of 4/7/88 
COMMENTS : Implementation date : 1/1/90; Application date : 30/6/90 
Some DEROGATIONS for Spain (1.1.97); Greece, Ireland and Portugal 
(1.10.98) j 
159. 3rd directive on motor vehicle insurance ADOPTED 14/5/90 
DIR.90/232 
OJ L 129 of 19/5/90 
COMMENTS : Implementation date : 31/12/92 
DEROGATIONS for Greece, Spain and Portugal until 31/12/95 for Articles 1 
and 2; DEROGATIONS for Ireland until 31/12/98 regarding pillion passengers 
of motorcycles under Article 1 until 31/12/95 to comply with Article 1 as 
regards other vehicles and to comply with Article 2 
160. Motor liability insurance (amendments to 
Directives 73/239 and 88/357) ADOPTED 8/11/90 
DIR. 90/618 
OJ L 330 of 29/11/90 
COMMENTS : Implementation date - 20/5/92 
Application date - 20/11/92 
The Mass Risks aspect of the directive (home country control) will only enter into 
force after adoption of the 3rd non-life directive; as a result, the mass risks régime 
foreseen in the 2nd non-life directive (Dir. 88/357) will not be entirely applicable 
until the 3rd non life directive has been implemented. 
161. Life insurance - freedom to supply services 
(amendment to Dir. 79/267) ADOPTED 8/11/90 
DIR. 90/619 
OJ L 330 of 29/11/90 
COMMENTS : Implementation date - 20/11/92 
Application date - 20/5/93 
Transitional arrangements : Certain transitional provisions will apply for 
SPAIN until 31/12/95 and GREECE and PORTUGAL until 31/12/98 and for 
all Member States until 31/12/94 
28 
1.3 Transactions in securities 
162. Collective investment undertakings for 
transferable securities (UCITS) ADOPTED 20/12/85 
DIR 85/611 
OJ L 375 of 31/12/85 
COMMENTS : Implementation date : 1/10/1989 
(Member States may grant additional period of 12 months to comply with those 
rules for UCITS existing on that date; DEROGATIONS for Greece and 
Portugal to postpone application up to 1/4/1992.) 
163. Mutual recognition of admission prospectus 
(amendment to Dir. 80/390) ADOPTED 22/6/87 Dir. 
87/345 OJ L 185 of 
14/7/87 
COMMENTS : Implementation date - 1/1/90; DEROGATIONS for Spain (to 
1/1/91) and Portugal (to 1/1/92) 
164. UCITS Directive special measures 
concerning certain investments (amendment 
to Directive 85/611) 
COMMENTS : As at No. 162 above ADOPTED 22/3/88 
Dir.88/220 
OJ L 100 of 19/4/88 
165. Information1 to be published when major 
holdings are acquired or disposed of ADOPTED 12/12/88 
DIR. 88/627 
OJ L 348 of 17/12/88 
COMMENTS : Implementation date : 1 January 1991 
166.Prospectus to be published when securities 
offered for sale to the public 
COMMENTS : Implementation date : 17/4/1991 ADOPTED 17/4/89 
DIR. 89/298 
OJ L 124 of 5/5/89 
167. Coordination of regulations on Insider 
Trading 
COMMENTS : Implementation date 1/6/1992 ADOPTED 13/11/89 
DIR.89/592 
OJ L 334 of 18/11/89 
168. Mutual recognition of public offer 
prospectuses (amendment to Dir.80/390) 
COMMENTS : Implementation date : 17/4/91 ADOPTED 23/4/90 
DIR. 90/211 
OJ L 112 of 3/5/90 
(8) 
29 
2. TRANSPORT 
169. Maritime transport : 1. freedom to provide 
services in the sea transport sector, (a) 
between M.States and between M.States and 
third countries (b) within M.States 2. 
application of Arts 85 & 86 of Rome Treaty 
to maritime transport 3. unfair pricing 
practices 4. Coordinated action to safeguard 
free access to cargoes in oceanic trades 
COM(85)90,COM(89)266 PARTIALLY 
ADOPTED 
22/12/86 
REGS: 
1(a) : 4055/86 
2 : 4056/86 
1: 4057/86 
4 : 4058/86 
Kb) : NOT ADOPTED 
OJ L 378 
of 31/12/86 
COMMENTS : Implementation dates : REG. 4055 : 1/1/87; 4056 - 4058 : 
1/7/87; Commission proposal - COM(89)266 - relates to cabotage (lb) and 
modifies COM(85)90. 
170. Fares for scheduled air services ADOPTED 14/12/87 
Dir. 87/601 
OJ L 374 of 
31/12/87 
COMMENTS : Implementation date : 31/12/87 
171. Air transport : sharing of passenger capacity 
and market access ADOPTED 14/12/87 
Dec.87/602 
OJ L 374 
of 31/12/87 
COMMENTS : Implementation date : 1/1/88 
172. Air transport : application of Articles 85 and 
86 (rules of competition) ADOPTED 14/12/87 
Reg. 3975/87 
OJ L 374 of 31/12/87 
COMMENTS : Implementation date : 1/1/88 
173. Road transport : Community 
(amendment to Regulation 3164/76) quota ADOPTED 21/6/88 
Reg. 1841/88 
OJ L 163 of 30/6/88 
COMMENTS : Implementation date : 1/7/88 
Measures for definitive regime to be decided and implemented by 31/12/92 
174. Road transport - goods (freedom to provide 
services) ADOPTED 21/12/89 
REG.4059/89 
OJ L 390 of 30/12/89 
COMMENTS : Implementation date : 1/7/90 
(this Regulation will last until 31/12/92 by which time the definitive cabotage 
system will have been adopted and will take effect from 1/1/93) 
175. Air fares and passenger capacity ADOPTED 24/7/90 
REG. 2342/90 
REG. 2343/90 
OJ L 217 of 11/8/90 
COMMENTS : Implementation dates : 1/11/90 
NB : REG. 2342 relates to air fares whilst REG. 2343 relates to passenger 
capacity and access for air carriers 30 
3 - NEW TECHNOLOGIES AND SERVICES 
176. Pan European mobile telephones ADOPTED 25/6/87 
Rec. 87/371 
Dir. 87/372 
OJ L 196 of 17/7/87 
COMMENTS : Implementation date : Directive 87/372 - 25/12/88 
Recommendation 87/371 - Commission to be informed each year from end 
1989 onwards of progress in implementation of the recommendation 
177. Establishment at Community level of a 
policy and i plan of priority action for the 
development of an information services 
market 
COMMENTS : Implementation date : 26/7/88 ADOPTED 26/7/88 
DEC.88/524 
OJ L 288 of 21/10/88 
178. Broadcasting activities 
COMMENTS : Implementation date 3/10/1991 ADOPTED 3/10/89 
DIR.89/552 
OJ L 298 of 17/10/89 
179. Open network provision 
COMMENTS : Implementation date - 1/1/91 ADOPTED 28/6/90 
DIR.90/387 
OJ L 192 of 24/7/90 
180. Type approval of 
telecommunications terminal 
equipment ADOPTED 29/4/91 
DIR. 91/263 OJ L 128 of 
23/5/91 
COMMENTS : Implementation date - 6/11/1992 (18 months after notification) 
- Recommendation on a European Code of 
Conduct relating to electronic payment 
(relations between financial institutions 
traders and service establishments and 
consumers) ADOPTED 8/12/87 
Commmission 
Recommendation 
87/598 
OJ L 365 of 24/12/87 
COMMENTS : No implementation requirements 
31 
V - CAPITAL MOVEMENTS 
181. Liberalisation of units in collective 
investment under-takings for transferable 
securities 
COMMENTS : Implementation date : 1/10/89; 
DEROGATION for Portugal to 31/12/1990 ADOPTED 20/12/85 
DIR. 85/583 
OJ L 372 of 31/12/85 
182. Liberalisation of operations such as 
transactions in securities not dealt in on a 
Stock Exchange, admission of securities on 
the capital market and long-term 
commercial credits ADOPTED 17/11/86 
DIR 86/566 
OJ L 332 of 26/11/86 
COMMENTS : Implementation date : 28/2/87; 
Spain and Portugal may, in connection with the Act of Accession, postpone 
liberalisation until respectively - 1/10/1989 (already liberalised) and 
31/12/1990 for transactions on units in collective investment undertakings in 
transferable securities, 
- 31/12/1990 and 31/12/1992 for other transactions liberalised 
NB : Greece has been allowed to extend the DEROGATION in this field (in 
accordance'with Article 108 of the Treaty of Rome) to some of the above 
liberalised operations until 31/12/1990. However, operations representing 
inflows of capital and long term commercial credits have been liberalised from 
28/2/1987 
183. Liberalisation of capital movements ADOPTED 24/6/88 
DIR.88/361 
OJ L 178 of 8/7/88 
COMMENTS : Implementation date : 1/7/1990 
DEROGATIONS until the end of 1992 for Greece, Ireland, Spain and Portugal 
concerning short-term capital movements and for Belgium and Luxembourg 
concerning the dual exchange market system. 
VI - CREATION OF SUITABLE CONDITIONS FOR INDUSTRIAL 
COOPERATION 
1. Company law 
184. Proposals for a Regulation 
for a European Economic Interest Grouping 
COMMENTS : Implementation date : 1/7/89 ADOPTED 25/7/85 
Reg.85/2137 
OJ L 199 of 31/7/85 
185. 11th Company law directive (disclosure 
requirements for branches opened in a 
Member State by certain types of company 
governed by the law of another State) 
COMMENTS : Implementation date 1/1/92 ADOPTED 21/12/89 
DIR. 89/666 
OJ L 395 of 30/12/89 
186.12th Company law directive on single member 
private limited liability companies 
COMMENTS : Implementation date - 1/1/92 ADOPTED 21/12/89 DIR. 
89/667 OJ L 395 of 
30/12/89 
32 
187. 4th and 7th company law directives - small 
and medium sized enterprises and 
consolidated and annual accounts 
(amendment to Directives 78/660 & 83/349) 
COMMENTS : Implementation date - 1/1/93 ADOPTED 8/11/90 
DIR. 90/604 & 
DIR.90/605 
OJ L 317 of 16/11/90 
2. Intellectual and industrial property 
188. Legal protection of micro circuits 
COMMENTS : Implementation date : 7/11/87 ADOPTED 18/12/86 
DIR. 87/54 
OJ L 24 of 27/1/87 
189. Trademarks : first directive 
COMMENTS : Implementation date : 28/12/1991 
to 31/12/92 included in the decision) 
190. Legal protection of computer ADOPTED 21/12/88 
DIR.89/104 
OJ L40 of 11/2/89 
(facility to defer above date 
programmes 
COMMENTS : Implementation date : 1/1/93 ADOPTED 14/5/91 
DIR. 91/250 OJ L 122 of 
17/5/91 
3. Taxation 
191. Convention on elimination of double 
taxation (adjustment of profits of associated 
enterprises : arbitration procedure) ADOPTED 23/7/90 
DOC. NO 90/436 
OJ L 225 of 20/8/90 
COMMENTS : The Convention is expected to be ratified within the 
implementation deadlines (1/1/92) for the following 2 items listed below 
192. Common system of taxation applicable to 
parent companies and their subsidiaries ADOPTED 23/7/90 
DIR. 90/435 
OJ L 225 of 20/8/90 
COMMENTS : Implementation date : 1/1/92 
Derogations : Greece until corporate taxation on distributed gains no longer 
applied by that Member State; 
Certain derogations for Germany until mid 1996 at the latest and for Portugal 
until the end of $ie 8th year following the implementation of this directive 
193. Common system of taxation of mergers 
divisions and contributions of assets ADOPTED 23/7/90 
DIR. 90/434 
OJ L225 of 20/8/90 
COMMENTS : Implementation date : 1/1/92 
DEROGATION for Portugal to 1/1/93 (transfer of assets and exchange of shares) 
33 
PART III : THE REMOVAL OF FISCAL BARRIERS 
1. V.A.T. 
194. 13th VAT Directive concerning tax refunds 
to persons not established in the Community ADOPTED 17/11/1986 
DIR. 86/560 
OJL 326 of 21/11/1986 
COMMENTS : Implementation date : 1/1/1988 
195. 17th VAT Directive concerning the 
temporary importation of goods other than 
means of transport ADOPTED 16/7/85 
DIR. 85/362 
OJ L 192 of 24/7/85 
COMMENTS : Implementation date : 1/1/1986; DEROGATIONS for Germany 
and Greece : carryover of application of certain articles 
196. 18th VAT directive - abolition of certain 
derogations provided for in Article 28(3) of 
the 6th directive 77/388 ADOPTED 18/7/89 
DIR.89/465 
OJ L 226 of 3/8/89 
COMMENTS : Implementation dates : 
1/1/90 for Points 1, 3 to 6, 8, 9, 10, 12, 13, 14 of Annexe E end Points 3, 14 
& 18 to 22 of Annex F 1/1/91 for Points 4, 13, 15 & 24 of Annex F 
1/1/92 for Point 9 of Annex F 
1/1/93 for Point 11 of Annex F; 
DEROGATION to 1/1/94 for PORTUGAL - Points 3 & 9 of Annex F 
2. EXCISE DUTIES 
197. Harmonisation of the structure of excise 
duties on alcoholic drinks authorising the 
French Republic to derogate from Article 95 
in applying a reduced rate of revenue duty 
imposed on the consumption of "traditional" 
rum produced in its overseas departments 
and in metropolitan France ADOPTED 19/4/88 
Dec.88/245 
OJ L 106 of 27/4/88 
COMMENTS : The decision enables the derogation to continue until 31/12/92 
TOTAL NUMBER OF PROPOSALS FINALLY ADOPTED BY COUNCIL : 193 
TOTAL NUMBER OF PROPOSALS PARTIALLY ADOPTED BY COUNCIL : 4 
ANNEX 2 
TO SIXTH PROGRESS REPORT 
31 May, 1991 
PROPOSALS SUBMITTED BY COMMISSION TO COUNCIL IN THE 
CONTEXT OF THE COMPLETION OF THE INTERNAL MARKET WHICH 
STILL REQUIRE COUNCIL ADOPTION 
Proposals marked with an asterisk (*) were 
presented since the publication of the White 
Paper (14 June 1985) 
Proposals marked with two asterisks (**) 
await European Parliament Opinion or First 
Reading 
Where the Cooperation Procedure applies ; 
- FR indicates that Parliament has completed 
its First Reading 
- CP indicates proposals upon which a 
Common Position has been reached 
- 8R indicates that Parliament has completed 
its Second Reading (Second Readings are 
delivered on Common Positions - Common 
Positions exist until final adoption by 
Council) 
Voting procedures are indicated in the 
Council column thus : 
U : unanimity 
QM : qualified majority 
SM : simple majority 
SUBJECT i Date of 
Commission's 
proposal Projected date 
of adoption by 
Council 
PART ONE THE REMOVAL OF PHYSICAL BARRIERS 
I. CONTROL OF GOODS 
1. Various controls 
1. Duty free admission of fuel 
contained in the fuel tanks 
of commercial motor vehicles : 
lorries & coaches COM(84)17 
updated by COM(86)383 (lorries) 1984 PARTIALLY 
ADOPTED 
8/7/85 
Dir.85/347 
(coaches) 
1991 
(U) 
2. Collection of trade statistics 
COM(88)810, COM(90)423 
COM(91)18 1988* 1991 
(QM) 
FR 
3. Shipment of radioactive wastes 
C0M(89)559, COM(90)328 1989* 1991** 
(QM) 
2. Veterinary and phytosanitary controls 
Veterinary Controls 
4. Personnel responsible for 
inspection COM(81)504 1981 
5. Aujesky's disease and swine 
vesicular disease COM(82)529 1991 
(QM) 
1982 1991 
(QM) 
6. Harmonised health and hygiene 
conditions : fish and fish 
products - health guarantees 
- nematodes COM(88)47, COM(89)428 1988* 1991 
(QM) 
Formulation of directives relating 
to health problems relating to 
trade in dogs and cats (rabies) 
(proposal includes echinococcosis) 
COM(88)836 1988* PARTIALLY 
ADOPTED 
24/7/89 
(Pilot 
proj ect 
aspect) 
DEC.89/455 
1991 
(QM) 
8. Transport of animals 
COM(89)322, COM(90)238 1989* 1991 
(QM) 
9. 2nd revision safeguard clause 
COM(89)493 1989* 1991 
(QM) 
10. Animal health problems - rodents 
COM(89)500 1989* 1991 
(QM) 
11. Animal fats 
COM(89)490 1989* 1991 
(QM) 
12. Products of animal origin -
general hygiene rules 
COM(89)492 1989* 1991 
(QM) 
13. Poultry Meat - animal health 
conditions 
COM(89)507 1989* 1991** 
(QM) 
14. Health rules for production and 1989* 1991** 
placing on the market of fresh (QM) 
meat and repealing Directive 64/433 
COM(89)673 
15. Molluscs 1989* 1991** 
COM (89) 648 (QM) 
16. Fish products - health and hygiene 1989* 1991** 
standards (QM) 
COM(89)645 
17. Products of animal origin not 1989* 1991 
covered by existing directives : (QM) 
other species 
COM(89)658 
18. Application of health standards to 1989* 1991** 
national products (QM) 
(modification of directive 77/99) 
COM(89)669 
i 
19. Application of health standards to 1989* 1991** 
meat (Dir. 88/657) (QM) 
COM(89)671 
20. Application of health standards to 1989* 1991** 
national products - modification of (QM) 
directive 71/118 (poultry) 
COM(89)668 
21. Application of health standards to 1989* 1991 
national products (derogations) (QM) 
COM(89)670 
22. Harmonised health conditions for 1989* 1991** 
production and trade in milk products (QM) 
COM(89)667 
23.Heat treated milk 1990* Ï99Ï**" 
COM(89)672 (QM) 
Phytosanitary Controls 
24. Proposal for the placing of plant 1976 1991 
protection products on thé market (QM) 
(including guidelines for checking 
requirements in connection with 
the approval of plant protection 
production incorporated 
in modifying proposal) 
COM(76)427, COM(89)34, COM(91)87 
25. Organic farming 1989* 1991 
COM(89)552,COM(91)112 (QM) 
26. Regulation on marketing of young 1989* 1991** 
plants of vegetables (QM) 
COM(89)649 
27. Amendment to Dir. 77/93 on protec- 1989* 1991 
tive measures against the intro- (QM) 
ductioniinto Member States of 
organisms harmful to plants or 
plant products (rules of liability) 
COM(89)647 
28. Amendment to Dir. 77/93 (including 1989* 1991 
simplification of annexes, alignment (QM) 
of 3rd country standards, alignment 
of national and intra-Community 
standards and phasing out of 
phytosantary certificates) 
COM(89)646 
29. Regulation on the marketing of 1989* 1991** 
ornamental plants COM(89)650 (QM) 
30. Regulation on the marketing of 1989* Î99Ï**-
fruit plants (QM) 
COM(89)651 
31. European plant breeders' rights 1990* 1992** 
COM(90)347 (QM) 
II. CONTROL OF INDIVIDUALS 
32. Directive on the easing of 1985 1991 
controls at intra-Community (U) 
Borders COM(84)749 & COM(85)224 
33. Directive on the control of the 1987* 1991 
acquisition and possession of (QM) 
arms COM(87)383, COM(89)446 CP/SR 
COM(90)453 
34.Proposal for a Directive amending 1987* 1991 
for the first time Dir. 83/182 on (U) 
temporary importation of certain 
means of transport 
(motor vehicles) COM(87)14,COM(88)297 
35. Proposal for a directive amending 1989* PARTIALLY 
Directive 69/169 (to increase in ADOPTED 
real terms tax paid allowances 27/3/91 
in intra-Community travel) 1991 (U) 
COM(89)3i31, COM(90)76 
PART TWO ; THE REMOVAL OF TECHNICAL BARRIERS 
I. FREE MOVEMENT OF GOODS 
1. New approach in technical harmonization and standards 
policy 
36. Machines 1989* 1991 
(including lifting & loading) (QM) 
COM(89)624, COM(90)462 " CP/SR 
COM(91)167 
2. Sectoral proposals concerning approximation of laws 
2.1. Motor vehicles 
37. Directive on safety glass for 1990* 1991 
use in motor vehicles (QM) 
COM(89)653 final, COM(91)38 FR 
38. Directive on the approximation 1990* 1991 
of laws relating to masses and (QM) 
dimensions of certain motor FR 
vehicles COM(89)653 final, 
COM(91)38 
39.Directive on the approximation 1990* 1991 
of laws relating to tyres for (QM) 
motor vehicles and their trailers FR 
COM(89)653 final, COM(91)38 
2«3» Food law 
40. Compulsory Nutrition labelling 1988* 1992 
COM(88)489 (QM) 
FR 
41. Irradiation of foodstuffs 1988* 1991 
COM(88)654 (QM) 
COM(89)576 FR 
2.4. Pharmaceuticals and high-technology medicines 
42. Proposed Directive on the 1990* 1991** 
wholesale distribution of (QM) 
medicinal products for human use 
COM(89)607 
43. Proposed directive concerning 1990* 1991** 
the legal status for the (QM) 
supply of medicinal products for 
human use 
COM(89)607 
44. Proposed directive on the labelling 1990* 1991** 
of medicinal products (QM) 
for human use and on package leaflets 
COM(89)607 
II. PUBLIC PROCUREMENT 
45. Public Procurement - services 1990* 1991 
COM(90)372 (QM) 
FR 
46. Public Procurement - excluded 1990* 1991 
sectors i(remedies) (QM) 
COM(90)297 FR 
III. FREE MOVEMENT FOR LABOUR AND THE PROFESSIONS 
47. Harmonisation of income 1979 1992 
taxation provisions with (U) 
respect to freedom of movement 
of .workers within the Community 
COM(79)737 
48. Freedom of movement for workers 1988* .1991 
: residence permits (proposal (QM) 
for Directive and Regulation) FR 
C0M(88)815, COM(90)108 
49. Regulated professions - higher 1989* 1991 
education of less than 3 years' (QM) 
duration FR 
COM(89)372 
3IV. COMMON MARKET FOR SERVICES 
1. FINANCIAL SERVICES 
1-1 Banks 
50. Directive on consolidated 1990* 1991** 
supervision (amendment to (QM) 
Dir. 86/635) 
COM(90)451 
51. Directive on the adequacy of 1990* 1991** 
own funds for investment funds (QM) 
and credit institutions 
COM(90)141 
1-2 Insurance 
52. Annual accounts - insurance 1986* 1991 
undertakings COM(86)764 (QM) 
COM(89)474 FR 
i 
53. Regulation on guarantees issued 1988* 1991 
by credit institutions and (QM) 
insurance undertakings FR 
COM(88)805, COM(90)567 
54. 3rd non-life insurance directive 1990* 1991** 
(mass risks) (QM) 
COM(90)348 
55. 3rd life insurance directive 1991* 1992** 
COM(91)57 (QM) 
1-3 Transactions in securities 
56. Investment services 1988* 1991 
COM(88)778 (QM) 
FR 
TRANSPORT 
57. Inland waterways: goods and 1985* 1991 
passengers. Freedom to provide (QM : 
services by non-resident carriers subject 
within a Member State to Art. 
COM(85)610 75(3)) 
58. Road transport : passengers 
Freedom to provide services by 
non-resident carriers within 
a Member State 
COM(87)31, COM(88)596 1987* 1991 
(QM : 
subj ect 
to Art. 
75(3)) 
59. Maritime transport : goods and 
passengers : freedom to provide 
services in the sea transport 
sector within Member States 
cabotage) 
COM(85)90 
COM(89)266 1985 1991 
PARTIALLY 
ADOPTED 
22/12/86 
(QM : 
subj ect 
to Art. 
75(3)) 
Regs 4055 
to 4058 
60.Road transport : common rules for 
the international carriage 
of passengers by road 
COM(87)79, COM(88)595 
COM(88)^70 1987* 1991 
(QM : 
subj ect 
to 
Art.75(3)) 
61. Directive for mutual acceptance 
of personnel licences and 
qualifications for the exercise 
of functions in civil aviation 
COM(89)472 1989* 1991 
(QM) 
10 
VI - CREATION OF SUITABLE CONDITIONS FOR INDUSTRIAL 
COOPERATION 
1, Company law 
62. Fifth Company 1990* 1991** 
Law Directive (structure of (QM) 
public limited companies) 
COM(72)887, COM(83)185 
COM(90)629 
63. Tenth Directive concerning 1985 1991** 
cross-border mergers - (QM) 
COM(84)727 
64. Statute for 1989* 1991 
a European Company (QM) 
COM(89)268, COM(91)174 FR 
65. Take-over bids 1988* 1991 
(13th company law directive) (QM) 
COM(88)Q23, COM(90)416 FR 
2. Intellectual and industrial property 
66. Regulation on Community 1980 1991 
trade marks - COM(80)635 (U) 
& COM(84)470. 
67. Regulation on 1985* 1991 
the rules needed for (QM) 
implementing the Community 
Trademark regulation 
COM(85)844 
68. Regulation on rules of 1986* 1991 
procedure for the Boards (QM) 
of Appeal of the Community's 
Trade Mark office 
COM(86)731 
69. Community trademark office - 1986* 1991 
regulation on fees (QM) 
COM(86)742 
70. Legal protection of biotech- 1988* Ï99Ï**" 
nological inventions (QM) 
COM(88)496 
11 
PART II : PROGRESS ON THE WHITE PAPER PROGRAMME 
30. The progress made in implementing the White Paper is assessed in terms of 
the decision making process and Member States1 application of decisions. 
I. THE ABOLITION OF PHYSICAL FRONTIERS 
31. As the Commission indicated in Its Article 8b report, it is in the area of the 
abolition of physical frontiers that the credibility of the aim pursued to complete the 
internal market as defined in Article 8a of the Treaty is not assured because basic 
decisions have still to be taken regarding goods and because there are still 
fundamental disagreements regarding the free movement of persons. 
1. Controls on goods 
32. Despite the political determination to press ahead with the abolition of 
controls and formalities at intra-Community frontiers, basic decisions have still to be 
taken to ensure that tax frontiers are dismantled. Progress to date has been limited 
mainly to the abolition of customs checks and animal and plant health controls. In 
other fields, such as controls on exports or on the importation of certain special 
products (e.g. agricultural products, waste), much progress has still to be made, 
although, as the Commission has always pointed out, as soon as the abolition of the 
single administrative document is put into effect, specific controls will no longer be 
possible owing to the disappearance of the administrative support for such controls. 
33. ' Customs formalities: Work in this field can be regarded as having been 
completed: the abolition of the transit arrangements and the single administrative 
document in intra Community trade, which will come into force on 1 January 1993, 
is an established fact and foreshadows the decisions to be taken regarding indirect 
taxation. The Commission sees these two measures as signalling the political will to 
abolish frontier checks and formalities and thus as triggering the necessary gradual 
redeployment of the infrastructures and staff assigned to such checks and formalities. 
34. The implementation of these measures is not problematic because of the 
direct applicability of the legislation adopted, which does not therefore necessitate 
transposition measures. The abolition, in intra Community trade, of the transit 
advice note, which had hitherto to be produced at customs offices for products 
moving under the transit arrangements, came into force in this way in July 1990. 
35. Veterinary and plant health controls: Work has barely progressed since the 
Article 8b report was drawn up, mainly because of the situation in Parliament. 
Admittedly, 53 measures have been adopted, including two directives which, by 
switching controls to the place of production or to the place of destination, will pave 
the way for the abolition of frontier checks and the approval of plant protection 
products. However, in order to establish the basic operating principle of the internal 
market (namely recognition of controls in the country of origin) and thus to give 
Member States of destination every guarantee, it will be necessary for the Council to 
complete its work programme and to adopt the 28 proposals which are still on the 
table and which cover the following main fields: 
the Community regime for the approval of phytopharmaceutical products; 
intra-Community trade and imports from third countries in respect of the 
few products of animal origin and the few animals which have not yet been 
covered; 
the production and marketing rules which constitute the bulk of the 
programme for ensuring recognition of controls in the country of origin; 
12 
PART III t THE REMOVAL OF FISCAL BARRIERS 
1. V.A.T. 
73. Proposal for Council directive 1987* 1991** 
instituting a process of conver- (U) 
gence of rates of VAT and excise 
duties COM(87)324 
74. Proposal on special schemes 1986* 1992 
for small business (U) 
COM(86)444; COM(87)524 
75. 12th VAT Directive concerning 1982 1991 
expenditure on which tax is not (U) 
deductible - COM(82)870 & 
COM(84)84 
76. 19th VAT Directive : 1984 1991 
miscellaneous supplementary (U) 
and amending provisions of 
Directijve 77/388/EEC 
COM(84)648, modified by 
COM(87)315 
77. Directive on the stores of 1980 1991 
ships, aircraft and inter- (U) 
national trains 
COM(79)794 
78. Approximation of VAT rates 1987* Ï99Ï**" 
COM(87)321 (U) 
79. Abolition of fiscal frontiers 1987* 1991 
COM(87)322, COM(90)182, (U) 
COM(91)157 
80. Completion of common VAT system & 1988* 1991 
modification to Articles 32 & 28 (U) 
of Dir. 77/388 (7th VAT dir.) 
COM(88)846 
13 
2. EXCI8E DUTIES 
81. General arrangements for products 1990* 1991** 
subject to excise duties and on (U) 
holding and movement of such 
products COM(90)431 
82. Proposal for a directive on the 1990* 1991** 
structure of excise duties (U) 
on alcohlic drinks and"on alcohol 
contained in other products 
COM(90)432 
83.Proposal for directive laying down 1985 1991 
certain rules on indirect taxes (U) 
which affect the consumption of 
alcoholic drinks COM(85)150 
84. Structure of excise duties 1990* 1991** 
on manufactured tobacco 
COM(90)433 (U) 
j 
85. Harmonization of 1990* 1991** 
excise duties on mineral oils (U) 
COM(90)434 
86. Approximation of taxes on manufac- 1987* 1991** 
tured tobacco other than cigarettes (U) 
COM(87)326, COM(89)525/2 
87. Approximation of taxes on cigarettes 1987* 1991** 
COM(87)325, COM(89)525/1 (U) 
88. Approximation of the rates of 1987* 1991** 
excise duties on alcoholic (U) 
beverages and on the alcohol 
contained in other products 
COM(87)328, COM(89)527 
89. Council directive on the approxi- 1987* 1991** 
mation of the rates of (U) 
excise duties on mineral oils 
COM(87)327, COM(89)526, COM(91)43 
ANNEX III 
31/5/91 
WHITE PAPER ON THE COMPLETION OF THE INTERNAL MARKET 
LIST OF DIRECTIVES, REGULATIONS, DECISIONS AND RECOMMENDATIONS CONTAINED IN THE WHITE PAPER 
PROGRAMME WHICH ARE ALREADY IN FORCE OR DUE TO ENTER INTO FORCE BY 31/12/1991. 
N.B. I = Implementing measures notified 
NI= Not incorporated into national law 
D = Derogation from imlementation date 
IR= Infringement procedure underway 
SO= Not applicable 
REMOVAL OF PHYSICAL BARRIERS 
- Control of goods -
Various controls 
REG 1674/87 
Transit procedure simplification 1/07/88 
REG 3690/86 
TIR 1/07/87 
REG 4060/89 1/07/90 
Abolition of controls relating to transport (means and 
documents) 
REG 4283/88 
Banalisation 1/07/89 directly applicable 
directly applicable Page 1 
Measure Impl. date B 0 DK E I F EL I IRL L NL P UK Remarks 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REG 1797/86 1/01/88 
Customs presentation charges (abolition) directly applicable 
REG 1900/85 
SAO directly applicable 
REG 1901/85 
SAD directly applicable 
directly applicable. Some adm. 
measures should be taken by MS 
directly applicable 
Page 2 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REG 474/90 1/07/90 
Transit advice note abolition of lodgement (amendment to 
Reg. 222/77) directly applicable 
DIR 85/347 1/10/85 
Duty free fuel contained in fuel tanks of commercial 
motor vehicles I I I I I I I I I I I I 
REMOVAL OF PHYSICAL BARRIERS 
- Control of goods -
Veterinary and phytosanitary controls 
Measure Impl. date B D DK E F EL I IRLI L NL P UK Remarks 
DIR 85/320 1/01/86 
Swine fever I I I I I I I I I I I I 
DIR 85/321 1/01/86 
Swine fever I I I I I I I I I I I I 
DIR 85/322 1/01/86 
Swine fever I I I I 1 I IR I I I I I 
DIR 85/323 
Microbioligical controls I NI I I NI NI NI I NI NI I NI time for implementation not yet 
fixed 
DIR 85/324 
Microbiological controls NI NI NI I NI NI I NI NI NI I NI time for implementation non yet 
fixed 
Page 3 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 85/325 1/01/86 
Medical examination of personnel I I I I I I IR I I I I I 
DIR 85/326 1/01/86 
Medical examination of personnel I I I I I I I I I I NI I P : partial implementation 
DIR 85/327 1/01/86 
Medical examination of personnel I I I I I I I I I I I I 
DIR 85/358 1/01/87 
Hormone growth promoters I I I I I I I I I I I I 
DIR 85/397 , 1/01/89 
Production and trade in milk I I I IR I I I I I I I I E : partial implementation 
DIR 85/511 1/01/87 
Control of foot and mouth disease I 1 I I I I I I I I NI I P : partial implementation 
DIR 85/574 1/01/87 
Amendment to Directive 77/93 (plant health) I I I I I I I I I I I I 
DIR 86/355 1/07/87 
Amendment of Directive 79/117 (ethylene oxide) I I I I I I SO I I I I I 
Page 4 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 86/362 30/06/88 
Pesticide residues in cereals and foodstuffs of animal 
origin I I I I I I I I I I I I 
DIR 86/363 30/06/88 
Pesticide residues in cereals and foodstuffs of animal 
origin I I I I I I I I I I I I 
DIR 86/469 31/12/88 
Antibiotic residues - control of residues I I I I I I I I I I I I 
DEC 86/649 16/12/86 
African fever in Portugal SO SO SO SO SO SO SO SO SO SO I SO see art. 3 
DEC 86/650 16/12/86 
African swine fever in Spain SO SO SO I SO SO SO SO SO so so so see art. 3 
DIR 87/153 31/12/87 
Fixing of guidelines for additives used in animal 
foodstuffs I I I I I I I I I I I I 
DEC 87/230 1/07/87 
Classical swine fever and swine fever directly applicable 
DEC 87/231 31/12/87 
Classical swine fever and swine fever directly applicable 
Page 5 
Measure Impl. date B D DK E F EL I IRL L NL [ P UK Remarks 
DIR 87/328 
Classical swine fever and swine fever I I I D I I I IR I IR I I E : derogation until 01.01.92 
DIR 87/486 31/12/87 
Classical swine fever and swine fever I I I I I I IR I I I I I 
DIR 87/487 22/09/87 
Classical swine fever and swine fever I NI NI I I I I NI I NI I NI implementation not required 
DIR 87/488 31/12/88 
Classical swine fever and swine fever NI NI NI NI NI NI NI NI NI NI NI NI Eradication plans to be submitted 
DIR 87/489 31/12/88 
Classical swine fever and swine fever I I I I I I IR I I I I I 
DIR 87/491 1/01/88 
Amendment to Directive 80/215 : intra-Community trade in 
meat products I I I I I I IR I I I I I 
DEC 87/58 22/12/86 
Eradication of tuberculosis, leukosis (bovine species) SO SO SO I SO so so so so so I so Implementation compulsory only for 
E & P. See art. 3. 
DIR 88/146 1/01/88 
Hormone growth promoters I I I I I I I I I I I I 
Page 6 
Measure Impl. date B D DK E F EL I IRL L NL 1 P UK Remarks 
DIR 88/288 1/01/89 
Amendment to Directive 64/433 : health problems intra-
Community trade in fresh meat IR I I I I I IR I I I I I 
DIR 88/289 1/01/89 
Amendment to Dir. 72/462 : imports of bovine animals 
swine and fresh meat from third countries IR I I I I I I I I I I I 
DIR 88/380 1/07/90 
Certification of seeds I I I I I I IR IR IR I IR I implementation date : see art. 1 
DIR 88/407 1/01/90 
Imports of frozen semen of bovine animals IR I I I I I IR IR IR I I I 
DIR 88/572 , 1/01/89 
Amendment to Directive 77/93 (plant health) I I I I I I I I I I I I 
DIR 88/658 1/07/90 
Intracommunity trade of meat products (modification of 
dir. 77/99) IR IR I IR I D IR IR IR IR I IR EL : derogation until 31/12/92 
DIR 88/661 1/01/91 
Zootechnical standards - porcine species IR I I I I I I IR I IR D IR P : derogation until 01.01.93 
DEC 89/145 
PIeuro-pneumonia in Portugal SO SO SO SO SO SO SO SO SO SO I SO P : eradication plan 
Page 7 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 89/227 30/06/90 
Imports of meat products from third countries IR I I IR I IR IR IR IR IR I I 
DIR 89/361 1/01/91 
Purebred breeding - sheep and goats IR I I I I I IR IR IR IR IR IR 
DIR 89/366 31/03/89 
Seed potatoes (amendment to Dir. 64/403) I I implementation not required 
DIR 89/437 31/12/91 
Hygiene and health problems affecting the production and 
the placing on the market of egg products 
DIR 89/439 - 1/01/90 
Protective measures concerning entry into Member States 
-of organisms harmful to plants and plant products I I I I I 1 I I I I NI I P: Partial implementation 
DEC 89/455 
Pilot projects for the control of rabies Pilot projects to be submitted by 
the MS 
—«—• 
DIR 89/556 1/01/91 
Animal health conditions governing intracommunity trade 
in and importation from third countries of embryos of 
bovine species IR IR I IR I IR IR IR IR IR IR I 
DIR 89/608 1/07/91 
Mutual assist, betw. admin, authorities of MS & EEC to 
ensure correct applic. of legislation on veterinary & 
zootechnical matters 
Page 8 
Measure Impl. date B 1 D DK E F 1 EL I IRL L NL P UK Remarks 
DIR 89/662 31/12/91 
Veterinary checks in intra-Community trade I D EL : derogation until 31.12.92 
DIR 90/167 1/01/91 
Production and trade in medicated feeding stuffs 
— ... . 
DIR 90/168 1/01/91 
Organisms harmful to plants or plant products (Amendment 
to DIR 77/93) I I IR IR IR IR I I IR NI NI I P: partial implementation 
DEC 90/217 
African swine fever in Sardegna SO SO SO SO SO SO NI SO SO SO SO SO I : a 5 year eradication plan to 
be submitted 
DEC 90/242 
Brucellosis (sheep and goats) SO SO SO NI I NI NI SO SO SO I SO E, F, EL, I, P : eradication plan 
to be submitted 
DEC 90/424 25/06/90 
Veterinary field expenditure Implementation not required 
DIR 90/425 26/08/90 
Veterinary and zootechnical checks in intra-Community 
trade (live animals & products) I 
DIR 90/427 1/07/91 
Zootechnical rules applicable to intra-Community trade 
of horses 
Page 9 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 90/428 1/07/91 
Trade in equidae intended for competitions 
_^___ __ 
DIR 90/429 31/12/91 
Animal health requirements applicable to intra-community 
trade in and imports of semen of the porcine species 
DEC 90/495 
Eradication of infectious haemopoietic necrosis of 
salmonids in the Community NI NI NI NI I NI NI NI NI NI I I Eradication plans to be submitted 
3 months after the adoption of the 
decision 
DIR 90/533 30/12/90 
Placing in the market and use of plant protection 
products containing certain active substances IR I SO I IR IR IR I I IR IR I Impl. date section C,8 of the 
annex of the annex of the dir 
79/117: 30/9/91 
DIR 90/667 , 31/12/91 
Disposal and processing of animal waste 
DIR 91/132 1/08/91 
Undesirable substances and products in animal nutrition This directive replaces the dir. 
87/519/CS 
REMOVAL OF PHYSICAL BARRIERS 
- Control of individuals -
Measure Impl. date B 0 DK E F EL I IRL L NL P UK Remarks 
DIR 88/331 1/01/89 
Small consignments - exemption from VAT on the final 
importation of goods I I I I I I IR IR I I I I 
Page 10 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 88/663 1/10/85 
Tax reliefs - small consignments of a non-commercial 
character I I I I I 1 IR I I I I I 
DIR 88/664 1/10/85 
Sixth Directive on allowances in intra-community travel 
(Dir. 69/169) I I I I I I IR I I I I 1 Derogatory measures: DK: 8.4.81; 
IRL: derogation until 31.12.91 
DIR 89/604 1/07/90 
Imports of personal property of individuals I I I IR I I IR IR I I I IR 
CCC CC 
Convention - Right of asylum Ratification necessary by the 
31.12.92 
REMOVAL OF TECHNICAL BARRIERS 
- Free movement of goods -
New approach in technical harmonization and 
standards 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 87/404 1/07/90 
Simple pressure vessels I IR I IR I I IR IR IR IR IR IR 
DIR 88/182 1/01/89 
Amendment to Directive 83/189. Information procedures, 
etc. I I I I I I I I I I I I 
DIR 88/378 1/01/90 
Safety of toys I I I I I I IR I IR IR I I 
Page 11 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DEC 90/683 
Modules for various phases of conformity assessm. 
procedures intended to be used in the technical 
harmonisation directives Implementation not required 
REMOVAL OF TECHNICAL BARRIERS 
- Free movement of goods -
Motor véhicules 
Measure Impl. date B D DK E F EL 1 IRL L NL P UK Remarks 
DIR 87/358 1/01/90 
Type approval of motor vehicles and their trailers 
(Modif. Dir. 70/156) 
• I I I I I I I I I I I I 
DIR .88/436 1/10/88 
Diesel particulates I I I I I I I I I I I I 
DIR 88/76 1/07/88 
Gaseous emissions : passenger cars I I I I I I I I I I I I 
DIR 88/77 1/07/88 
Gaseous emissions : commercial vehicles I I I I I I I I I I I I 
DIR 89/235 1/10/89 
Motorcycle replacement exhaust systems I I I I I IR I I I I I I 
DIR 89/297 30/10/89 
Motor vehicles - lateral protection I I I I I I I I I I I I 
Page 12 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 89/458 1/01/90 
European standards on limit values for vehicles below 
1400 cc I NI NI I I I I NI NI I I NI D, DK, IRL, L, UK : partial 
implementation 
REMOVAL OF TECHNICAL BARRIERS 
- Free movement of goods -
Tractors and agricultural machines 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 87/402 25/06/89 
Rollover protection structures I I I I I I NI I I I I I 
DIR 88/297 30/10/89 
Modification of framework Directive 74/150 I I I I I I I I I I I I 
DIR 89/173 31/12/89 
Implementation of Dir. 74/150, weight dimensions, etc. I I I I I I I I I I I I 
REMOVAL OF TECHNICAL BARRIERS 
- Free movement of goods -
Food law 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REG 1576/89 • 15/12/89 
Spirit drinks NI NI NI NI NI I NI NI NI NI I I 
Page 13 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 85/572 1/01/91 
Simulants (plastic materials and articles intended to 
come into contact with foodstuffs IR IR IR IR I IR IR IR IR IR I IR 1.1.91 free movement clause; 
1.1.93 full application 
DIR 85/573 1/01/87 
Coffee and chicory extracts I I I I I I I I I I I I 1.1.87 free movement clause; 
1.1.88 full application 
DIR 85/585 31/12/86 
Preservatives (modification) I I I I I I I I I I I I 
DIR 85/591 22/12/87 
Sampling and methods of analysis I I I I I I I I I I I I 
DIR 86/102 26/03/88 
Emulsifiers (modification) I I I I I I I I I I I I 
DIR 86/197 1/05/88 
Obligation to indicate ingredients and alcoholic strength I I I 1 I 1 I I I I IR I 01.05.88 free movement clause; 
01.05.89 full application 
DIR 88/344 12/06/91 
Extraction solvents used in the production of foodstuffs-I I I NI I : partial implementation 
DIR 88/388 . 21/12/89 
Flavourings I I I I I I IR IR I I I I 22.6.90 free movement clause, 
22.6.91 full application 
Page 14 
—— — 
Measure Impl. date 1 
B D DK E F EL I IRL L NL P UK Remarks 
DIR 88/593 31/12/89 
Jams I IR I I IR I I IR I IR IR I 31.12.89 free movement clause; 
1.1.91 full application 
DIR 89/107 28/06/90 
Food additives in foodstuffs I IR I IR I I IR IR IR IR I IR 28.12.90 free movement clause; 
28.12.91 full application 
DIR 89/108 10/07/90 
Frozen foods I IR I IR IR IR IR IR I I I I 10.7.90 free movement clause; 
28.12.91 full application 
DIR 89/109 10/07/90 
Materials in contact within foodstuffs IR IR 1 I IR I IR IR IR I NI I 10.7.90 free movement clause; 
10.1.92 full application. P: 
partial implem. 
DIR 89/394 14/06/90 
Fruit juices I I I IR IR I I IR I NI I NI UK : partial implementation; 
14.6.91 full application 
DIR 89/395 20/12/90 
Labelling, presentation and advertising of foodstuffs 
for sale to the ultimate consumer I IR I IR I I IR IR IR IR IR I 20.12.90 free movement clause; 
20.6.92 full application 
DIR 89/397 20/06/.2P 
Official control of foodstuffs I IR IR IR I IR IR IR IR IR IR I 
DIR 89/398 • 16/05/90 
Food for particular nutritional uses I IR I IR IR I IR IR I NI I NI UK, NL: partial implementation. 
16.5.91 full application 
Page 15 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REMOVAL OF TECHNICAL BARRIERS 
- Free movement of goods -
Pharmaceuticals and high-technology medicines 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REC 87/176 
Tests relating to placing on the market of medical 
specialities Implementation not required 
DIR 87/19 1/07/87 
Amendment to Dir. 73/318 - testing of medical 
spec i ali t i es I I I IR I I I I I I I I 
DIR 87/21 1/07/87 
Amendment to Dir. 65/65 concerning medical specialities I I I I I D I I I I I I E, EL : derogation until 1.1.92 
DIR 87/22 
Placing on the market of high-technology medicinal 
products including those derived from biotechnology I I I IR I I I I I I I I 
DIR 87/20 1/07/87 
Amendment to Dir. 81/852 on veterinary medicinal products 
. I I I I I I IR I I I I I 
DIR 89/105 31/12/89 
Price transparency in the prices of medicines & social 
security refunds I 1 I I I I NI I I I I I I : partial implementation 
Page 16 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REMOVAL OF TECHNICAL BARRIERS 
- Free movement of goods -
Chemical products 
Measure Impl. date B D DK E F EL 1 IRL L NL P UK Remarks 
DIR 85/467 30/06/86 
PCB's (polychlorinated biphenyls) I I I I I I I I I I I I 
DIR 85/610 31/12/87 
Asbestos I I I I I I I I I I I I 
DIR 86/94 31/12/89 
Non-ionic detergents I I I I I I IR I I I I I 
DIR 88/183 25/03/89 
Liquid fertilisers I I I I I I IR I IR I I I 
DIR 88/379 8/06/91 
Classification, packaging and labelling of dangerous 
preparations I I I 
DIR 89/284 16/04/90 
Calcium, magnésium, sodium, sulphur content of 
fertilisers I I I IR I IR IR IR IR I I IR 
DIR 89/530 18/03/91 
Thrace elements contained in fertilizers I 1 I IR I IR IR IR IR IR I IR 
Page 17 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REMOVAL OF TECHNICAL BARRIERS 
- Free movement of goods -
Construction and construction products 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 87/405 25/06/89 
Tower cranes : permissible sound levels IR I I I I I IR I I I I I B : measures to be taken by 
WalIonia 
DIR 89/106 27/06/91 
Construction products 
REMOVAL OF TECHNICAL BARRIERS 
- Free movement of goods -
Other items 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR «6/217 30/11/87 
Tyre pressure gauge I I I I I I I I I I I I 
DIR 86/594 3/12/89 
Household appliances - airborne noise IR I I I I I IR IR I IR I I 
DIR 86/662 . 24/12/88 
Hydraulic diggers (noise) I I I I I I IR I IR I I I 
Page 18 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REC 86/666 
Protection of hotels against fire NI I I I I NI NI I NI I I I implementation non required 
DIR 87/357 26/06/89 
Products which, appearing to be other than they are, 
endanger the health or safety of consumers I I I I I I IR IR I I I I 
DIR 88/180 1/07/91 
Permissible sound power level of lawn mowers I I I I I 
DIR 88/181 1/07/91 
Permissible sound power level of lawn mowers I I I I I 
DIR 88/314 7/06/90 
Indication of prices of non-foodstuffs I I I IR I I IR IR I IR I IR 
DIR 88/315 7/06/90 
Indication of prices of foodstuffs I I I IR I I IR IR I IR I IR 
DIR 88/320 1/01/Ç9 
Good laboratory practices : non clinical testing of 
chemicals I I I IR I I IR I I I NI I P : partial implementation 
DIR 88/667 • 31/12/89 
Cosmetics IR I I I I I IR I I IR I I 
Page 19 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REMOVAL OF TECHNICAL BARRIERS 
- Public procurement -
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 88/295 1/01/89 
Public supply contracts (amendment to Dirs 77/62 & 
80/767) I I I D I D IR I 
_____ I IR E,EL & P: derogation to 1/3/92. 
DIR 89/440 19/07/90 
Coordination of procedures for the award of public work 
contracts NI I IR I IR IR NI I E, EL: derogation until 1.3.92. P, 
E: partial implementation 
DIR 89/665 21/12/91 
Application of review procedures to the award of public 
supply and public works contracts I 
REMOVAL OF TECHNICAL BARRIERS 
- Labour and the professions -
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DEC 85/368 ._ 
Comparability of vocational training qualifications Implementation not required 
DIR 85/432 • 1/10/87 
Coordination of provisions in the field of pharmacy I I I I I I IR I SO I I I 
Page 20 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 85/433 1/10/87 
Mutual recognition of diplomas in pharmacy IR I I I I I IR I IR I I I 
DEC 85/434 
Creation of an advisory committee on pharmaceutical 
training implementation non required 
DEC 86/365 
COMETT implementation not required 
DIR 86/457 
Specific training in general medical practice I NI I I I I IR I SO I I I Implementation date : see art. 7. 
D: partial implementation 
DIR 86/653 , 1/01/90 
Independent commercial agents IR I I IR IR I IR D IR I I D UK, IRL : derogation until 1/1/94. 
I: derogation until 1.1.93 for 
article 17 
DIR 89/48 1/01/91 
General system for the recognition of higher-education 
diplomas NI NI I NI NI NI NI I NI NI I I D, F : partial implementation 
REMOVAL OF TECHNICAL BARRIERS 
- Common market for services -
Banks 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 86/635 31/12/90 
Bank accounts IR NI IR IR I IR IR IR IR IR NI IR 'D, P: partial implementation 
Page 21 
Measure Impl. date B D DK E » F EL I IRL L NL P UK Remarks 
DIR 89/117 1/01/91 
Obligations of credit institutions and financial 
institutions regarding the publication of annual 
accounting documents I NI I I I I I I I I NI I D, P: partial implementation 
DIR 89/299 1/01/91 
Own funds - banks IR IR I IR I IR IR IR IR I I IR 
DIR 89/647 1/01/91 
Solvency ratio for credit institutions IR NI I IR I NI IR IR IR I I I D, EL: 1.1.96 mortgage credit; EL: 
1.1.2000: application ratio of 8% 
REC C 87/62 
Control of large exposures NI NI NI NI I NI NI NI NI NI I NI implementation not required 
REC C 87/63 
Guarantee system - deposits within Community NI NI NI NI I NI NI NI NI NI NI I implementation not required 
REMOVAL OF TECHNICAL BARRIERS 
- Common market for services • 
Insurance 
Measure Impl. da£e B D DK E F EL I IRL L NL P UK Remarks 
DIR 87/343 1/07/90 
Freedom provide life insurance IR I I I I IR IR IR IR I NI I 
• P : partial implementation 
DIR 87/344 1/07/90 
Legal costs insurance I I I I I I IR IR IR 1 I I 
Page 22 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 88/357 29/06/90 
Non-life insurance I I I I I IR IR IR IR I IR I F : partial implementation 
REMOVAL OF TECHNICAL BARRIERS 
- Common market for services • 
Transactions in securities 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 85/611 1/10/89 
Transactions in securities collective investment 
undertakings for transferable securities I I I I I D IR I I I D I EL & P : derogation until 1/4/92 ; 
E: partial implementation 
DIR 88/627 1/01/91 
Information to be published when a major holding in a 
listed company is acquired of disposed of I IR IR NI I IR IR I IR NI IR IR E, P: partial implementation 
DIR 89/298 17/04/91 
Drawing-up, scrutiny and distribution of the prospectus 
to be published when transferable securities are offered 
to the public NI I NI NI NI NI NI NI I NI NI I P : partial impl. 
DIR 90/211 17/04/91 
Mutual recognition of public-offer prospectuses as stock-
exchange listing particulars NI NI I NI NI NI NI NI I I NI I 
REMOVAL OF TECHNICAL BARRIERS 
- Common market for services -
Transport 
Measure Impl. date B 0 DK E F EL I IRL L NL P UK Remarks 
Page 23 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REG 1841/88 
Road transport - Community quota Directly applicable 
REG 2342/90 11/01/90 
Air transport: air fares and passenger capacity directly applicable 
REG 2343/90 1/11/90 
Passengers capacity, access for air carriers Directly applicable 
REG 3975/87 1/01/88 
Application of competition rules to air transport NI I I NI NI NI NI NI NI NI I I Art. 11.6 : obligation to assist 
the Commission services 
REG 4055/86 
Maritime transport directly applicable 
REG 4056/86 1/07/87 
Maritime transport NI I I NI NI I NI NI NI I I I Art. 18.6: obligation to assist 
the Commission services 
REG 4057/86 ._ 
Maritime transport directly applicable 
REG 4058/86 
Maritime transport directly applicable 
Page 24 
Measure Impl. date DK EL IRL NL UK Remarks 
REG 4059/89 
Road transport of goods 1/07/90 NI NI NI 
REMOVAL OF TECHNICAL BARRIERS 
- Common market for services -
New technologies and services 
Measure Impl. date I B I 0 DK E I F EL I IRL L NL P UK Remarks 
REC 87/371 
Pan European mobile telephones Gradual implementation from end 
1987; Member States to report to 
the Commission 
DIR 87/372 
Pan European mobile telephones 25/12/88 IR IR 
REC 87/598 
European code of conduct relating to electronic payment Implementation not required. This 
measure is addressed to 
enterprises. 
DEC 88/524 
Development of information services market 26/07/88 implementation not required 
DIR 89/552 3/10/91 
Pursuit of television broadcasting activities 
DIR 90/387 
Implementation of an open network provision 1/01/91 IR IR IR IR IR IR 
Page 25 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REMOVAL OF TECHNICAL BARRIERS 
- Capital movements -
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 88/361 1/07/90 
Liberalisation of capital movements I I I I I NI I NI I I NI I E,EL,IRL,P: derogation for certain 
transactions until 31.12.92. P: 
partial impl. 
REMOVAL OF TECHNICAL BARRIERS 
- Industrial cooperation -
Company law 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REG 2137/85 1/07/89 
European Economic Interest Grouping I I I I I NI NI I I I I I 
REMOVAL OF TECHNICAL BARRIERS 
- Industrial cooperation -
Intellectual and industrial property 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 87/54 7/11/87 
Legal protection of micro circuits I I I I I I I I I I I I 
DIR 89/104 28/12/91 
Marks 
Page 26 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
BBB BB 
Convention - Community patent (76/76/CEE) Ratification necessary by 31/12/92 
REMOVAL OF TECHNICAL BARRIERS 
- Industrial cooperation -
Taxation 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
AAA AA 
Convention - Arbitration procedure relating to the 
elimination of double taxation (90/436/CEE) Ratification necessary by 1/1/92 
REMOVAL OF FISCAL BARRIERS 
- T.V.A. -
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DIR 85/362 1/01/86 
17th VAT Directive I I I I I I I I I I I I 
DIR 86/560 1/01/88 
13th VAT Directive ]_ I I I I I I I I I I I 
DIR 89/465 1/01/90 
18th VAT directive I I I I I I I I I I I I 
Page 27 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
REMOVAL OF FISCAL BARRIERS 
- Excise duties -
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks 
DEC 88/245 
Rum in French DOMs & metropolitan France implementation not required 
ANNEX IV 
31/5/91 
LIST OF ACTS GIVING EFFECT TO THE WHITE PAPER PROGRAMME 
N.B. I = Implementing measures notified 
NI = Not incorporated into national law 
IR = Infringement procedure 
Page 1 
Measure Impl. Date DK EL IRL NL UK Remarks 
Various controls 
Measure Impl. Date B 0 DK E F EL I IRL L NL P UK Remarks 
REG 1544/87 1/07/87 
Framework measure:Reg 3690/86/CS; Detailed rules for the 
application of the framework regulation (TIR)(Reg COM) Directly applicable 
REG 2793/86 1/01/88 
Framework measure:Reg 1900/85/CS; Codes to be used in 
the focus laid down in framework regulations (DAU) (Reg 
COM) Implementation date: see art. 3 
Veterinary and phytosanitary controls 
Measure Impl. Date j B D DK E F EL I IRL L NL P UK Remarks 
DIR 89/365 31/12/89 
Framework measure:Dir 86/355/CS; Placing on the market 
and use of plant protection products containing active 
substances (Dir CS) 
DEC 90/254 1/01/91 
Framework measure:Dir 89/361/CS; Criteria for approval 
of breeders' organisations and associations (Dec COM) Directly applicable 
DEC 90/255 1/01/91 
Framework measure:Dir 89/361/CS; Criteria governing 
entry in flock-books for pure-bred breeding sheep and 
goats (Dec COM) 
Page 2 
Measure Impl. Date DK EL IRL NL UK Remarks 
DEC 90/256 1/01/91 
Framework measure:Dir 89/361/CS; Methods for monitoring 
performance of the genetic value of pure-bred breeding 
sheep and goats (Dec COM) Directly applicable 
DEC 90/257 1/01/91 
Framework measure:Dir 89/361/CS; Criteria for the 
acceptance for breeding purposes of pure-bred breeding 
sheep and goats (Dec COM) Directly applicable 
DEC 90/258 1/01/91 
Framework measure:Dir 89/361/CS; Zootechnical 
certificates for pure-bred breeding sheep and goats (Dec 
COM) Directly applicable 
DEC 91/109 
Framework measure:Dir 90/423/CS; Protection measures 
relating to a "new" pig disease (Dec COM) 
DEC 91/13 
Framework measure:Dir 90/423/CS; Trade in animals not 
vaccinated against foot and mouth disease (Dec COM) 
DEC 91/42 
Framework measure:Dir 90/423/CS; Criteria to be applied 
when drawing up plans for the control of foot and mouth 
disease (Dec COM) 
DEC 91/56 
Framework measurerDir 90/425/CS; Protection measures 
relating to contagious bovine pleuropneumonia in Italy 
(Dec COM) DEC 91/52 
Framework measure:Dir 90/425/CS; Protection measures 
relating to contagious bovine pleuropneumonia in 
Portugal (Dec COM) 
Page 3 
Measure Iinpl. Oat3 B 0 OK E F EL I IRL L NL P UK Rswirks 
Control of indiviudals 
Mpasurf» lmP^- D-te B D DK E F EL I IRL L NL P UK Remarks 
DIR 91/191 8/04/91 
Framework measure: Dir 69/169/CS; Amendm.dir 69/169 
increasing tax paid allowances in intra-Com travel 
concerning derogation to DK and IRL (Dir CS) NI NI NI NI NI NI NI NT" NI NI NI NI 8.4.91 impl.date for art.1; 1.7.91 
remainder 
Food law 
Measure Impl. Date B D DK E F EL M IRL L NL P UK Remarks 
REG 1014/90 1/04/90 
Framework measure:Reg 1576/89/CS; Implementing rules on 
the presentation of spirit drinks (Reg COM) 
REG 1759/90 1/05/90 
Framework measure:Reg 1576/89/CS; Transitional measures 
relating to spirituous beverages (Reg COM) 
REG 3207/90 3/10/90 
Framework measure:Reg 1576/89/CS; Transitional measures 
relating to spirituous beverages (Reg COM) 
REG 3773/89 15/12/89 
Framework measure:Reg 1576/89/CS; Transitional measures 
relating to spirituous beverages (Reg COM) 
Page 4 
Measure Impl. Date B D DK E F EL I IRL L NL P UK Remarks 
DIR 90/128 31/12/90 
Framework measure:Dir 89/109/CS;Plastic materials and 
articles intended to come into contact with foodstuffs 
(Dir COM) IR IR IR IR IR IR IR IR IR IR IR IR 
DIR 91/71 
Framework measure:Dir 88/388/CS; Labelling rules 
applicable to flavourings (Dir COM) NI NI NI NI NI NI NI NI NI NI NI NI Implem.date:30.06.92 free movement 
clause,1.1.94 full application 
Chemical products 
Measure Impl. Date B D DK E F EL I IRL L NL P UK |Remarks 
DIR 89/178 31/12/90 
Framework measure:Dir 88/379/CS; Adaptation to technical 
progress (Dangerous preparations) (Dir COM) 
—— — -— •• -- — — .. — ...— .. — IR 1 IR IR I . IR IR IR IR IR IR IR 
DIR 90/35 31/12/90 
Framework measure:Dir 88/379/CS; Definition of certain 
categories of preparations (Dir COM) IR IR IR IR I I IR IR IR IR IR IR 
. 
DIR 91/155 8/06/91 
Framework measure:Dir 88/379/CS; Detailed arrangements 
for the system of specific information relating to 
dangerous preparations (Dir COM) 
Other items 
Measure Impl. Date B D DK E F EL I IRL L NL P UK Remarks 
Measure Impl. Date B P P* E F EL M IRL L NL p UK Remarks Page 5 
DIR 89/514 1/01/90 
Framework measure:Dir 86/662/CS; Adaptation to technical 
progress (Dir COM) I I 1 I I I IR I IR I I IR 
DIR 90/18 1/07/90 
Framework measure:Dir 88/320/CS; Mechanisms of 
verification and inspection of laboratories (Dir COM) NI NI NI IR NI IR IR NI NI IR 
Transport Measure Impl. Date B D DK E F EL I IRL L NL P UK Remarks 
DEC 90/380 19/07/90 
Framework measure:Dir 89/440/CS;List of organisms and 
categories of public law organisms (Dec COM) 
Measure Impl. Date. | B D DK E F EL I IRL L NL P UK Remarks 
DIR 90/618 20/05/92 
Framework measure:Dir 88/357/CS; Motor vehicle liability 
insurance (Dir CS) 
1 B 
Measure Impl. Date l D DK E F EL 1 IRL L NL P UK Remarks 
Page 
Measure ImpL. Date B D DK E F EL I IRL L NL P U_ ' 
I Remarks 
REG 4261/88 ' 1/01/89 
Framework measure:Reg 3975/87/CS; Procedure for the 
application of the rules on competition to undertakings 
(air transport sector) (Reg COM) Directly applicable 
ANNEX V 
COURT OF JUSTICE DECISIONS NOT IMPLEMENTED BY MEMBER STATES 
PROCEDURES UNDERWAY ON THE BASIS OF ARTICLE 171 OF THE TREATY 
Situation on 31 May 1991 
: MEMBER STATE : LEGAL BASE : SUBJECT OF INFRINGEMENT PROCEDURE : 
BELGIQUE : Dir. 82/891; 78/855 : Divisions and mergers of public 
: : Case 46/88 : limited liability companies : 
: : Articles 1, 48, 128, of EEC : Discrimination in public : 
: : Treaty; Regulation 1612/68 : financing; non-university : 
: : Case 42/87 : higher education. : 
: Dir. 82/714 : Technical specifications : 
: : Case 019/91 : inland waterway vessels : 
: : Dir. 76/403 : Elimination of polychlorobiphenyls : 
: : Case 230/85 : and polychloroterphenyls 
: DEUTSHLAND : Article 30 of EEC Treaty : Milk and diary substitutes : 
: : Case 76/86 : : 
: : Article 30 of EEC Treaty : "Beer purity law" : 
: : Case 178/84 : : 
: : Article 30 of EEC Treaty : Difficulties in importing pâté : 
: : Case 274/87 : : 
: : Directive 69/169 : Butter ships " : 
: : Case 325/82 : - fiscal aspects : 
: ELLAS : Articles 52 & 59 of EEC Treaty : Nationality requirements for access : 
: : Case 328/90 : to the following professions : : 
: : : architects, graduate engineers, : 
: : : surveyors : 
: : Art. 7, 48, 52, 59 of EEC Treaty : Legislation on frontier areas * 
: : Case 305/87 : : 
: : Art. 30 of EEC Treaty, : Rules requiring beer to be malt- : 
: : Case 176/84 : based : 
* Measures notified 
Conformity control underway 
: ITALIA : Dir. 77/388 : Flat-rate reimbursement to farmers : 
: : Case 3/86 : : 
: : Dir. 79/109 : Brucellosis : 
: : Case 116/86 : : 
: : Dir. 82/243 : Non-ionic surfactants : 
: : Dir. 82/242 : Anionic surfactants : 
: : Case 309/86 : : 
: : Regulation 1035/72; 2638/69; : Quality standards for fruits and : 
: : 2150/80 : vegetables : 
: : Case 69/86 : : 
Dir. 80/219 
Case 364/85 Tuberculosis 
Dir. 80/1098 
Case 364/85 Vesicular disease in pigs and 
swine fever 
Dir. 80/1099 
Case 386/85 Vesicular disease in pigs and 
swine fever 
Dir. 83/91 
Case 324/87 Fresh meat 
Articles 52 & 59 of EEC Treaty 
Case 297/90 Nationality requirements (guides, 
journalists, self-employed 
pharmacists) 
Dir. 83/181 
Case 124/86 Tax allowances on final import of 
personal property 
Dir. 83/181 
Case 125/86 Exemption from VAT on final import 
certain goods 
: Dir. 82/2Al : Procedures for the export of : 
: Dir. 81/177 : Community goods : 
: Case 208/89 : : 
: Dir. 82/76 : Full-time and part-time training : 
: Case 236/89 : of specialist doctors : 
: Dir. 82/470 : Transport agents : 
: Case 310/86 : : 
: Dir. 74/562 : Admission to the occupation of road: 
: : passenger transport operator : 
: Dir. 74/561 : Admission to the occupation : 
: Case 160/85 : : 
ANNEX VI 
STATE OF IMPLEMENTATION (Situation at 31/5/91) 
Breakdown of situation by Member State 
/' : 7 
À 
Measures not 
notified NL P UK 
Not applicable 
Breakdown of situation by Member State 
(Situation at 31/5/91) 
B 
D 
DK 
E 
F 
EL 
I 
IRL 
L 
NL 
P 
UK Measures 
notified 
89 
95 
107 
83 
103 
87 
52 
74 
81 
86 
96 
99 Derogations 
0 
0 
0 
2 
0 
5 
0 
1 
0 
0 
3 
1 Measures not 
notified 
31 
25 
12 
38 
18 
29 
69 
44 
37 
34 
25 
20 Not applicable 
6 
6 
7 
3 
5 
5 
5 
7 
8 
6 
2 
6 


ISSN 0254-1475 
COM(91) 237 final 
DOCUMENTS 
EN 10 
Catalogue number : CB-CO-91-278-EN-C 
ISBN 92-77-73612-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg