THIRTEENTH ANNUAL REPORT ON MONITORING THE APPLICATION OF COMMUNITY LAW (1995)
Date: 1996-05-29
Institutions: European Commission
Subjects: European Commission, activity report, application of EU law, member country, national implementing measure

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  29.05.1996 
COM(96)600  final 

THIRTEENTH  ANNUAL  REPORT  ON 
MONITORING  THE  APPLICATION 
OF  COMMUNITY  LAW 
(1995) 

(presented  by the  Commission) 

CONTENTS 

INTRODUCTION 

AREA  WITHOUT  INTERNAL  FRONTIERS 

1. 

2. 

INTRODUCTION 

SITUATION  SECTOR  BY  SECTOR 

2.1.  REMOVAL  OF  PHYSICAL  FRONTIERS 

2.1.1. 
2.1.1.1.  Progress  in  implementing  directives  applicable 

Customs 

2.1.2. 

to the  customs 
Free movement  of  agricultural  products 

field 

2.2.  REMOVAL  OF TECHNICAL  BARRIERS 

Free  movement  of  goods 
2.2.1. 
2.2.1.1.  Articles  30 et seq.  of the EC  Treaty 
2.2.1.2.  The preventive  rules  of Directive  83/189/EEC 
Progress  in  implementing  directives 
2.2.2. 
on  the free  movement  of  goods 

2.2.2.1.  Foodstuffs 
2.2.2.2.  Progress  in  implementing 

directives applicable  to foodstuffs 

2.2.2.3.  Pharmaceutical  products 
2.2.2.4.  Progress  in implementing  directives  applicable  to 

pharmaceutical  products 

2.2.2.5.  Chemicals 
2.2.2.6.  Progress  in  implementing  directives  applicable  to 

chemicals 

2.2.2.7.  Motor  vehicles,  tractors  and  motorcycles 
2.2.2.8.  Progress  in  implementing  directives  applicable  to 
motor  vehicles, tractors  and  motorcycles 

2.2.2.9.  Construction  products 
2.2.2.10. Mechanical  engineering,  personal  protection  equipment, 

prepackaging,  measuring  equipment,  electronics  and 
medical  devices 

2.2.2.11. Progress  in  implementing  directives  applicable  to 

mechanical  engineering,  personal  protection  equipment, 
prepackaging,  measuring  equipment,  electronics  and 
medical  devices 
Free  movement  of  persons,  right  of  establishment 
and  voting  rights 

2.2.3. 

2.2.3.1.  Ending  discrimination 
2.2.3.2.  Entry  and  residence 
2.2.3.3.  Progress  in  implementing  directives  applicable  to 

right of  residence 

1 

18 

19 

19 
19 

21 
21 

23 
23 
23 
26 

27 
27 

28 
28 

29 
29 

30 
30 

31 
32 

32 

33 

34 
34 
35 

36 

2.2.3.4.  Right to vote  and  stand  in  elections 
2.2.3.5.  Trade  union 
rights 
2.2.3.6.  Access to  employment  in the  public  service 
2.2.3.7.  Social  security  of  migrant  workers 
2.2.3.8.  Recognition  of  qualifications 
2.2.3.9.  Progress  in  implementing  directives  applicable  to 

recognition  of  qualifications 

Freedom  to  provide  services 

2.2.3.10. Independent  commercial  agents 
2.2.4 
2.2.4.1.  Broadcasting 
2.2.4.2  Telecommunications 
2.2.4.3.  Progress  in  implementing  directives  applicable  to 

telecommunications 

2.2.4.4.  Financial  services 
2.2.4.5.  Progress  in  implementing  directives  applicable  to 

financial services 
Free  movement  of  capital 
Company  law 

2.2.5. 
2.2.6 
2.2.6.1  Progress in  implementing  directives  applicable  to 

company  law 
Intellectual  and  industrial  property 
2.2.7. 
2.2.7.1.  Progress  in implementing  directives  applicable  to 

intellectual  and  industrial  property 
Public  procurement 

2.2.8 
2.2.8.1.  Progress  in  implementing  directives  applicable  to 

public procurement 

2.3.  Removal  of  tax  barriers 

2.3.1.  Direct taxation 
2.3.1.1.  Progress  in  implementing  directives  applicable  to 

direct taxation 
Indirect  taxation 

2.3.2. 
2.3.2.1.  Progress  in  implementing  directives  applicable  to 

indirect taxation 

CONSUMER  PROTECTION  AND  PRODUCT  SAFETY 

1. 
2. 

INTRODUCTION 
SITUATION  SECTOR  BY  SECTOR 
2.1. 
2.2. 
2.3. 
2.4. 
2.5. 

Cosmetics 
Textiles 
Safety  and  health 
Protection  of  economic  interests 
Progress  in  implementing  directives  applicable  to 
consumer  protection  and  product  safety 

36 
36 
37 
37 
37 

40 
40 
41 
41 
41 

43 
.  44 

46 
47 
49 

50 
50 

52 
52 

56 

57 
57 

58 
58 

61 

62 
62 
62 
62 
62 
63 

64 

COMPETITION 

1. 
2. 

INTRODUCTION 
SITUATION  SECTOR  BY  SECTOR 
2.1. 
2.2. 
2.3. 

Public  enterprises 
Monopolies 
Progress  in  implementing  directives  applicable  to 
competition 

EMPLOYMENT  AND  SOCIAL  POLICY 

1. 
2. 

INTRODUCTION 
SITUATION  SECTOR  BY  SECTOR 
2.1. 
2.2. 
2.3. 
2.4. 
2.5. 

Equal  treatment  of  men  and  women 
Working  conditions 
Health  and  safety  at work 
Public health 
Progress in implementing  directives  applicable  to 
employment  and  social  policy 

, 

AGRICULTURE 

1. 
2. 

INTRODUCTION 
SITUATION  SECTOR BY  SECTOR 
2.1. 
2.2. 
2.3. 

Markets 
Harmonization 
Progress  in  implementing  directives  applicable  to 
agriculture 

FISHERIES 

1. 
2. 

INTRODUCTION 
SITUATION  SECTOR  BY  SECTOR 
2.1. 
2.2. 
2.3. 

Markets 
Resources 
Compatibility  with  Community  law of national  legislation 
on the granting  of  flag 

rights 

ENVIRONMENT 

1. 

INTRODUCTION 
1.1. 
1.2. 
1.3. 
1.4. 
1.5. 
1.6. 
1.7. 

General  situation 
Notification  of  national  implementing  measures 
Conformity  of national  implementing  measures 
Incorrect  application  of  directives 
Freedom  of  access to  information 
Environmental  impact  assessment 
Action  needed 

65 
65 
65 
67 

67 

68 
68 
68 
69 
69 
70 

70 

71 
71 
71 
73 

75 

77 
77 
77 
77 

78 

79 
79 
79 
80 
81 
82 
83 
84 

2. 

SITUATION  SECTOR  BY  SECTOR 
2.1. 
2.2. 
2.3. 
2.4. 
2.5. 
2.6. 
2.7. 
2.8. 

Air 
Chemicals 
Water 
Noise 
Waste 
Nature 
Radiation  protection 
Progress  in  implementing  directives  applicable  to 
the  environment 

, 

TRANSPORT 

1. 
2. 

INTRODUCTION 
SITUATION  SECTOR  BY  SECTOR 
2.1. 
2.2. 
2.3. 
2.4. 
2.5. 
2.6. 
2.7. 
2.8. 

Road  transport 
Combined  transport 
Inland  waterways 
Rail  transport 
Sea transport 
Air transport 
Summertime 
Progress  in  implementing  directives  applicable  to 
transport 

ENERGY 

1. 
2. 

INTRODUCTION 
SITUATION  SECTOR  BY  SECTOR 
Transparency  of  prices 
2.1 
Internal  market  for  electricity  and  natural  gas 
2.2. 
Energy  efficiency 
2.3. 
Oil  and  gas 
2.4. 
Progress in  implementing  directives  applicable  to 
2.5. 
energy 

COMMUNITY  STAFF 

STATISTICAL  MATTERS 

ANNEXES 

1. 
2. 
3. 
4. 
5. 
6. 

Suspected  infringements 
Established  infringements 
Infringements  of  Treaties  and  Regulations 
Report  on the  application  of  directives 
Judgments  of the Court  of Justice  not  yet  implemented 
Application  of Community  law by  national  courts 

84 
84 
85 
86 
87 
87 
89 
90 

91 

93 
93 
93 
94 
94 
94 
95 
96 
96 

97 

98 
98 
98 
98 
98 
99 

99 

100 

101 

102 
110 
118 
148 
398 
413 

INTRODUCTION 

Each year  the European Commission draws up a report on the monitoring of the 
application  of  Community  law  in  response  to  requests  made  by  the  European 
Parliament  (Resolution of  9 February  1983) and  the Member  States  (point 2 of 
the  Treaty  signed  at  Maastricht  on 
Declaration  No  19  annexed 
7 February  1992). The report also meets requests from the European Council and 
the Council for  information on specific fields. 

to 

The Europe Union would  not be  a true Union  based  on the rule  of law  and founded  on 
a body  of  law if that  law was  not  enforced  by  and  in  its Member  States on  an  ongoing 
basis.  The enforcement  function  is entrusted  to the Commission  by  Article  155 EC.(1) 

The annual  report traditionally  analyses the monitoring of the application  of Community 
law by focusing on the infringement  proceedings handled by the Commission on the basis 
of Article  169 of the EC  Treaty  in the past  year. 

This report,  which  reflects  the  situation  on  31 December  1995, follows  that  pattern. 

It  must  be  remembered,  however,  that  the  function  conferred  on  the  Commission  by 
Article  155 as guardian of the Treaties is not confined  to infringement  proceedings. When 
it  commences  litigation  against  other  institutions  (Articles  173  and  175),  when  it 
scrutinizes  State  aids for  legality  (Article  93),  when  it  acts to  combat  fraud  against  the 
Community  budget  and when  it secures  compliance with the ban  on restrictive practices 
and  abuse  of  dominance  (Articles  85  and  86),  the  Commission  is  also  performing  its 
function  of  enforcing  Community  law.  There  are  separate  reports  on  activities  in  these 
areas. 

The originality  of  Article  169 infringement  proceedings  cannot  be  adequately  stressed. 

The procedure can be launched  only by the Commission to settle disputes between it and 
the  Member  States;  individuals  cannot  be  parties  to  proceedings.  The  procedure  is 
considered  to be an objective  one; its purpose  is to induce a Member  State to come into 
line with Community  law. Its primary  purpose is not to protect an individual  who wishes 
to  rely  on  Community  law.  Individuals  have  other  redress  procedures  before  national 
authorities  and the national  courts,  operating  as the  ordinary  courts  of Community  law, 
with  the  possibility  of  going  so  far  as  to  have  the  State  ordered  to  pay  damages  for 
breaches  of  Community  law.(2)  But  the  complaint  to  the  Commission  is  still  an 
indispensable instrument,  not only for the Commission but also for the individual  citizen. 
This  is  especially  true  where  a  citizen  fails  to  secure  respect  for  the  rights  he  enjoys 
under  Community  law. 

(1) 
(2) 

See also Article  127 Euratom. 
Annex VI analyses the application of Community law by national courts in the course of 
the year. 

The Community  citizen  may not be able to commence  infringement  proceedings, but he 
still  plays  a  key  role  in  them.  Complaints  to  the  Commission  are  a  vital  source  of 
information  for  launching  such  proceedings,  as  where  they  provide  evidence  of 
administrative  practices  contrary  to  Community  law  or  of  breaches  in  areas  where  the 
Commission cannot detect them in the absence of powers of inspection.  Complaints also 
bring to the Commission's attention infringements  committed in the course of co-financed 
operations/3* 

It  is  therefore  vitally  important  for  the  Commission  to  give  an  answer  not  only  to 
complainants  -  many  of  whom  have  only  the  Commission  to  rely  on  -  but  also  to  the 
public at large and to Parliament.  The annual  report is the Commission's way of meeting 
the need  for  transparency. 

1995  was  the  first  year  of  the  fifteen-member  Community.  This  report  covers  the 
application  of  Community  law  in  Austria,  Sweden  and  Finland.  For  the  first  time  the 
Community  welcomed  new  members  from  the  European  Economic  Area.  European 
Economic  Area  membership  was  probably  the  main  reason  for  the  high  rate  of 
notification  of national  measures implementing  directives  in the new Member  States, as 
they  had  had  to  incorporate  a  large  proportion  of  the acquis  communautaire into  their 
national  legislation  when  the  European  Economic  Area  Treaty  entered  into  force  on  1 
January  1994.  As  required  by  Article  172(1)  of  the  Act  of  Accession,  the  EFT A 
Surveillance Authority notified  the Commission of all the legislation of which it had been 
notified  by  these  States.(4)  In  one  year,  the  new  Member  States  transposed  the  acquis 
communautaire  to  such  an  extent  as  to  attain  a  notification  rate  in  excess  of  the 
Community  average in  Sweden  and  Finland(5) and  a rate of  84.2% in  Austria. 

1995 was a year of intense Community law enforcement  activity at the Commission, with 
an  unprecedented  number  of  Article  169  decisions  -  5068  of  them,  as  against  4802  in 
1994. 

I - THE  TREND  OF INFRINGEMENT  PROCEEDINGS  IN  1995 

There were  seven  major  trends in  1995: 

A- 

B- 

infringement  proceedings  registered  in  1995:  a  decline  in  the  number  of 
complaints  and  a rise in the number  of  cases detected  by  the  Commission; 

the important role played by the European Parliament  in prompting  infringement 
proceedings; 

C- 

proceedings  commenced  in  1995: a stable  number  of Article  169 letters; 

(3) 

(4) 

(5) 

If  infringement  proceedings  are  commenced,  the  Commission  generally  suspends 
Community financing (Regulation (EEC) No 2052/88: OJ L 185, 15.7.1988, p. 9). If the 
infringement  is confirmed, the Commission can even recover  financing. 
The EFTA Surveillance Authority also notified the Commission of suspected infringement 
cases that were pending. 
Apart from difficulties  with the transposai of directives in the Aland Islands. 

D- 

E- 

F- 

proceedings  relating  to  established  infringements:  a  decline  in  the  number  of 
reasoned  opinions  and  a stable number  of  referrals  to the  Court; 

a  sharp  increase  in the  number  of  cases  terminated; 

a  start  made  on  clearing  up the legacy  of  the past:  many  of  the  longest-running 
cases were  terminated; 

G- 

greater  transparency. 

A- 

Infringement  proceedings  registered  in  1995 

declining number of complaints 

An  analysis  of  the  statistics  prompts  a  surprising  conclusion:  the number  of  complaints 
received  at  the  Commission  is  no  longer  rising.  Figures  for  the  last  five  years  (1991: 
1051;  1992:  1185;  1993:  1040;  1994:  1145;  1995:  978)  show  that  this  is  a  genuine 
pattern and not a statistical blip.(6) But the situation varies from  one area to another: there 
is,  for  instance,  a stable pattern  as regards customs  and indirect  taxation.  The figure for 
public procurement  rose from  100 to  137 in  one year,  and  the figures for  transport also 
rose; but  in  agriculture  it fell  from  191 to  127). 

Given  enlargement,  the  stability  in  the absolute  number  of  complaints means that there 
has been  a  relative  decline,  especially  as  the  conferment  of  new  powers  on  the  Union 
ought to have been  a source of new  difficulties,  disputes  and  complaints. 

The decline in the number of complaints must be interpreted with a great deal of caution. 

It  might  be  thought  that  citizens  relying  on  Community  law  are  gaining  greater 
satisfaction  in national  authorities or courts without having to bring the Commission into 
action, but that would  probably  be over-optimistic. At any rate the conclusion  would  be 
difficult  to support,  and evidence going beyond what is available in this report would be 
needed, 

The  declining  number  of  complaints  might  also  be  evidence  that  Member  States  are 
applying  Community  law  better  as a result  of  experience  and  of  the  deterrent  effect  of 
infringement  proceedings. 

Another  possible  explanation  might  be  that  citizens  in  the  new  Member  States  are 
inadequately  informed  of  the  possibilities  of  complaining  to  the  Commission,  as  the 
number  of  complaints  has not risen in  proportion  to the new  membership 

It  is  true  that  the  Commission's  role  is  imperfectly  perceived,  as  can  be  seen  from  the 
number  of  complaints that  are not within  its powers to review. 

(6) 

See the environment chapter, point  1.4. 

the rise in the number of cases detected by the Commission 

Between  1994 and  1995, the number  of  such  cases rose from  277 to 320. 

This  suggests that the current  period  is one  of  consolidation. 

Community  legislative  activity  is  less  intense  than  in  the  past.(7)  It  is  also more  clearly 
targeted  on  specific  objectives. 

Following  the  policy  set  out  in  its  1995  work  programme,  the  Commission  placed  the 
accent  on  the  proper  application  of  existing  rules,  verifying  how  Community  law  was 
actually  applied  in  the  Member  States;  this  is  clear  from  the  rising  number  of  cases 
detected  by  the  Commission  itself  and  of  infringement  proceedings  commenced  in  the 
course of the year. The Commission considered more than 4800 cases in  1994. The figure 
leapt to  5068 in  1995. 

B - 

The  important  role  plaved  by  the  European  Parliament  in  prompting 
infringement  proceedings 

The  Commission  makes  out  a  suspected  infringement  record  as  a  matter  of  routine 
whenever  a breach  of  Community  law  is indicated  either by  a parliamentary  question(8) 
or by  a  petition. 

Of the  new  infringement  cases registered  by  the  Commission  in  1995, 30 originated  in 
a written or oral question by a Member of the European Parliament and four in a petition. 

The  figures  for  1992  were  45  questions  and  33  petitions;  those  for  1993  were  30 
questions  and 23 petitions/9* But these figures  are but  a pale reflection  of the qualitative 
and  quantitative  importance  of  Parliament's  role  in  identifying  infringements,  for  in 
addition  to  these  cases,  Members  of  Parliament  reported  other  infringements  that  haa 
sometimes  already  been  detected  by  the  Commission's  own  investigations  or  through 
complaints  received. 

A  third  of  them  concerned  violations  of  environmental  legislation  (chiefly  industrial 
projects  launched  without  prior  environmental  impact  assessment),  and  another  third 
concerned  the  internal  market  (all  manner  of  problems,  such  as  barriers  to  freedom  of 
establishment  for  dentists, violations of the public procurement  directives, etc.). To give 
but  one  example,  an MEP  drew  the  Commission's  attention  to  a  series  of  contracts  for 
environmental  advisory  and  management  services  that  had  not  been  announced  in  the 
Official  Journal. 

Parliament  tends to show the greatest interest  in the two areas (environment  and internal 
market) that between them account  for  more than 60% of all the cases currently  running 
at the  Commission. 

(7) 

(8) 

(9) 

See report on implementation of the Commission's work programme in  1995, COM(95) 
513  final,13.10.1995. 
Since 1985. 
The particularly low figures for  1994 are exceptional and not statistically  significant. 

C- 

Proceedings  commenced  in  1995: a stable  number of Article  169 letters 

The Commission  commenced  1016 infringement  proceedings  in  1995, as against  974 in 
1994 and  1 209 in  1993. 

Clearly,  then,  the  number  of  complaints  is  no  longer  rising,  moreover,  preliminary 
contacts between the Commission  and the Member  States - who manifestly  are aware of 
their  Community  law obligations  - are more  and  more  fruitful. 

D- 

Proceedings  regarding  established  infringements 

A sharp decline  in the number of reasoned opinions 

The  sharp  decline  in  the  number  of  reasoned  opinions  (192)  is  the  result  of  the 
exceptionally  high  number  of  reasoned  opinions  issued  in  1994  (546  as  against  352 in 
1993) and  of technical  delays at the  Commission,  now made up. 

A stable number of referrals to the Court 

The Court of Justice had 72 new infringement  cases referred  to it in  1995 (as against 64 
in  1992, 44 in  1993 and  89 in  1994). 

The  Commission  endeavours  to  make  the  fullest  use  of  the  pre-litigation  stage  of  the 
infringement  proceedings  to  persuade  the  offending  Member  State  to  remedy  its 
deficiency  or to negotiate  a settlement.  As the Court  has held,  referral  of  an action to it 
is the  last  resort,  "* the  ultima ratio  enabling  the  Community  interests  enshrined  in  the 
Treaty  to  prevail  over the inertia  and  resistance  of the Member  States'.(l0) 

The  relative  stability  in  the  number  of  cases  referred  to  the  Court  is  the  direct 
consequence  of  the  Member  States'  strong  tendency  to  remedy  deficiencies  after  the 
reasoned  opinion  stage. 

E- 

A  sharp  increase  in the  number  of  cases  terminated 

The aggregate number of proceedings for suspected or established infringements that were 
terminated  rose from  1811 in  1994 to 2045  in  1995. There were particularly  significant 
figures regarding the free movement of goods, where 238 cases were terminated and only 
two  went  to  the  Court.  The  Commission  is  reaping  the  fruits  of  a  long  tradition  of 
dialogue with  the Member  States at package  meetings. 

The  number  of  cases  closed  after  proceedings  had  commenced  was  1344  in  1995,  up 
from  668 in  1994. 

These figures do not mean that the Commission is taking a softer  line but that the action 
taken  in  relation  to  the  Member  States  to  secure  proper  and  timely  implementation  of 
directives  and  to  have  Community  law  applied  properly  is  proving  effective.  The 
Commission's policy  in environmental  matters  offers  an  eloquent  illustration:  182 cases 
that  had  gone  beyond  the Article  169 letter  stage were terminated  in  1995, whereas the 

(10) 

Case 25/59 Netherlands  v High Authority  [1960] ECR 355, 374. 

9 

number for  1994 was only  70. The examples given for  public procurement and VAT are 
also noteworthy.(11) 

F- 

Clearing  up  the legacy  of  the  past:  many  of the  longest-running  cases  were 
terminated 

In the course of its review of cases in motion, the Commission  looks at all of them  from 
time to time. In  1995, as in previous years, all the longer-running  cases were reviewed. 

Of the  1 545 cases opened in  1992,  161 were still in motion in  1995. Of the  1 340 cases 
opened  in  1993, 225 were  still  in  motion  in  1995 whereas the figure a year  earlier  was 
404. The number of cases opened in  1994 and still  in motion was halved in a year,  from 
1  136 to 670 (see Table  1.3). 

The effort  must clearly be pursued.  Infringement  proceedings run in successive stages at 
which the Member  State can put matters right without being taken to the Court. But this 
obviously  takes  time,  and  the  duration  of  the  scrutiny  procedure  is  still  too  long;  the 
Commission  is endeavouring  to  accelerate it. 

G- 

Greater  transparency 

The infringement  procedure is wholly directed, by the Treaty itself, to securing a remedy 
for  the  infringement  without  the  need  for  referral  to  the  Court.  Traditionally,  it  has 
therefore  been  confidential,  so as to  preserve the  discretion  that  will  make it  easier  for 
the Member  State to rectify  matters. 

The  completion  of  the  internal  market,  Parliament's  constantly  growing  interest  in 
monitoring  the  application  of  Community  law  and  the  Commission's  determination  to 
achieve  greater  openness  in  its  activities  have  combined  to  prompt  the  Commission  to 
boost transparency  policy. 

It has, for  instance,  extended  its practice of issuing press releases.  On  19 July it decided 
to put out 22 press releases on  58 cases without  awaiting the issue of reasoned  opinions 
or  referral  decisions.  Transparency  in  Commission  activities  for  the  enforcement  of 
internal  market legislation  in particular was treated  as a political  priority.  The operation 
was repeated  later  in the year  and was well  received. 

n-  ANALYSIS  OF  THE RESULTS  FOR  1995 

A- Directly  applicable  rules 

The  processing  of  infringements  of  Community  instruments  other  than  directives 
continues  apace.  There were  89 Article  169 letters in  1995  (up from  67 in  1994). 

Fuller  details  can  be  found  in  the  sector-by-sector  analyses,  but  there  are  a  few 
noteworthy  general  points  about  activities  in  1995. 

(U) 

See points 2.2.8 and 2.3.2. 

10 

The Court  of Justice  gave a  series  of judgments  spelling  out the  scope of  Article  30  as 
interpreted  in Keck and Mithouarcf12)  (see point  2.2.1.1). 

The  frequency  of  infringements  relating  to  freedom  of  movement  of  persons  is 
particularly  noteworthy;  there  were  many  cases  concerning  discrimination  as  regards 
access  to  employment  and  the  right  of  residence  (Article  48  of  the  Treaty  and 
Regulation  (EEC) No  1612/68(13)). 

In  competition  matters,  the  Commission  secured  the  final  abolition  of the monopoly  of 
port  services  at Genoa. 

Turning  to  employment  and  social  policy,  there  has  been  no  decline  in  the  volume  of 
disputes relating to Article  119 of the Treaty  (equal  treatment for women and men). The 
judgment in Kalanke (17 October  1995) concerning  positive discrimination  in favour  of 
women  prompted  the Commission  to issue  an  interpretative  statement.(14) 

In  fisheries  and  aquaculture,  the  Commission  systematically  scrutinizes  national 
legislation for  compatibility  with  Community  law applicable to flag rights and technical 
measures for  the  conservation  of resources. 

B-  Directives 

1- Notification  of transposai  measures 

The  number  of  proceedings  commenced  in  1995  for  failure  to  notify  implementing 
measures was  slightly  up  on the previous year  (799  as against 732). 

The  table  below  gives  a general  picture  of  progress  in  implementing  all  the  directives 
applicable on 31 December  1995. It will be noted that the number of directives that came 
into force  in the course of the year  rose less sharply  than  in previous years (forty  or so, 
as against  sixty in  1994). This is the first impact  of the Community's  policy  of  enacting 
less but better legislation.  The trend  can be  expected  to continue in the years ahead  (cf. 
the  Commission's  paper  for  the Madrid  European  Council  in  December  1995,  ^Better 
lawmaking': the Commission made 25 legislative proposals in  1995 as against 61 in  1990 
and  51 in  1992. It  is planning  only  19 in  1996(15)). 

(12) 
(13) 

(14) 

(15) 

C-267/91 and C-268/91 [1993] ECR  1-6097. 
Council Regulation of 15 October 1968 of 15 October 1968 on freedom of movement for 
workers within the Community, OJ L 257,  19.10.1968, p. 2. 
COM(96) 88 final; see also  proposal  for  a  Directive  amending  Directive 76/207/EEC 
(COM(96) 93  final). 
See report on implementation of the Commission's work programme for  1995, COM(95) 
513  final. 

11 

MEMBER 
STATE 

Directives 
applicable  on 
31.12.1995(16) 

Directives  for  which 
measures  have  been 
notified 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

NETHERLANDS 

AUSTRIA 

PORTUGAL 

FINLAND 

SWEDEN 

UNITED 
KINGDOM 

1265 

1265 

1267 

1266 

1267 

1265 

1265 

1265 

1264 

1265 

1262 

1266 

1252 

1256 

1265 

1132 

1239 

1177 

1137 

1179 

1173 

1174 

1122 

1191 

1230 

1063 

1139 

883 

1169 

1203 

% 

89.5 

97.9 

92.9 

89.8 

93.1 

92.7 

92.8 

88.7 

94.2 

97.2 

84.2 

90 

70.5(17) 

93 

95 

On  31  December  1995,  the  Member  States  had  on  average  notified  90.7%  of  the 
national  implementing  measures  required  to  give  effect  to  all  the  directives  to  be 
implemented.  This  is  lower  than  the  1994  figure  (91.89%)  as  three  new  Member 
States  are  now  brought  into  the  calculation.  The  individual  "performances"  of  the 
twelve  older  Member  States  have  all  improved.  The  following  conclusions  can  be 
drawn: 

a  high  rate  of  notification  in  the three  new Member  States. 

Sweden  ranks  sixth. 

The  figure  for  Austria  is  substantially  the  result  of  delays  in  notifying 
measures transposing  agricultural  legislation  (point  2.3). 

(16) 

(17) 

Variations in the number of directives applicable are due to the fact that some directives 
do  not  apply  in  all  Member  States, and  the  implementation  dates  can  vary from one 
Member State to another. 
The notification  rate  for  Finland  is  actually  much  higher than  this  if the problems of 
transposing directives in the Aland Islands are disregarded. See remark on following page. 

12 

The  main  explanation  for  the  situation  in  Finland  is the  special  status  of 
the Aland Islands in international  law.(18) They enjoy  a degree of autonomy 
in certain  respects (e.g. agriculture and the environment)  and are required 
to  enact  specific  implementing  measures.  Apart  from  the  situation  in  the 
Aland  Islands,  Finland's  rate is above the  Community  average. 

an  improvement  in  the  rate  of  notification  of  national  measures  implementing 
directives  in  all  the  other  twelve  Member  States  with  a new  record  of  virtually 
98%  in  one of them  (Denmark). 

But the reality  behind  these  averages  is far  from  uniform. 

The  rate  of  notification  is  100%  in  customs  matters  and  right  of  residence  (except  as 
regards Belgium  and  Germany  in the  latter  area). 

It is everywhere  in excess of 90% as regards machinery,  motor vehicles  and  recognition 
of  qualifications. 

There  are  wide  variations  between  Member  States  as  regards  telecommunications  and 
financial services. 

The  areas  where  the  greatest  difficulties  persist  and  measures  transposing  directives 
enacted  years  ago  are  still  absent  are  the  environment  (points  1.2  and  2.8),  transport 
(point  2.8)  and  energy  (point  2.5). 

In agriculture, delays in notifying  national  implementing measures are substantial for the 
internal  market  White Paper  directives.  The  number  of  referrals  to the  Court  rose  from 
34 in  1994 to  57 in  1995 (points  1 and  2.2). But there are positive signs: the number of 
new proceedings  for  failure  to notify  national  implementing  measures is down on  1994. 
The  same  applies to reasoned  opinions. 

As for  consumer  protection,  five  Member  States have  still  to notify  the  Commission  of 
national  measures  implementing  Directive  92/59/EEC(19) on  general  product  safety. 

2-  Conformity  of  implementing  measures 

The Commission  proceeds from  the principle that many incorrect application  cases could 
be avoided if transposai  measures were in conformity  with the directive in the first place. 

The  Commission  consequently  attaches  priority  to  quality  control  of  national  measures 
implementing  directives  when  monitoring  the application  of  Community  law.  Wherever 
possible,  it  systematically  scrutinizes  existing  legislation,  as  witness  its  activities  in 
relation  to free  movement  of  goods  (see  point  2.2.1). 

(18) 

(19) 

See Article  28 and  Protocol  No  2 of the Act concerning the  Conditions  of Accession  of 
Finland  to the  European  Union, OJ  C 241, 29.8.1994. 
OJ L 228, p. 24. 

13 

The  number  of  new  proceedings  for  incorrect  implementing  measures  rose  from  54 in 
1994 to 63 in  1995. There were  23  Article  169 letters (32 the  previous year). 

The  number  of  proceedings  in  motion  for  incorrect  measures  implementing  public 
procurement  Directives  more than  doubled,  from  14 in  1994 to 30 in  1995. 

There  is  a  detailed  analysis  of  the  main  causes  for  non-conformity  in  environmental 
matters  at  point  1.3,  where  it  is  stated  that  scrutinizing  measures  for  conformity  may 
require particularly  delicate analysis of national  law, especially  where the authority  with 
power  to  transpose  is  not  at  national  but  at  regional  or  provincial  level  -  which  may 
involve  enactment  of  several  sets  of  legislation  in  one  and  the  same  Member  State. 
Moreover,  directives  sometimes  subject  Member  States to  complex  obligations  making 
it  necessary  to enact  or  amend  a whole  series of  instruments. 

3-  The application  of transposai  measures 

Complaints relating to individual  cases of incorrect  application of national  implementing 
measures are a valuable source of information  for the Commission,  especially when they 
reveal  that  the  measure  was  not  in  conformity  with  the  directive  or they  bring  to  light 
repeated  infringements  or horizontal  problems,  such  as administrative  practices that  are 
incompatible  with  it.  In  1995,  for  instance,  there  were  more  than  40  complaints 
concerning  the directives  on the mutual  recognition  of  qualifications. 

Admittedly,  many  of the complaints  alleging incorrect application  of a piece of national 
legislation  that  is  compatible  with  the  Community  legislation  it  transposes  could  be 
settled by  national  authorities and  courts.(20) But the Commission  is often  perceived  as a 
vital  support,  especially  where  national  redress  procedures  have  been  exhausted  or  are 
either  illusory  or  ineffective. 

Better  application  of  Community  law requires  a policy  to  prevent  infringements. 

Greater  involvement  of  national  bodies  in  general  and  Parliaments  in  particular  in  the 
Community  legislative  process  would  be  conducive  to  this.  It  would  surely  help  solve 
difficulties  with  proper  implementation  of  Community  law  at national  level. 

Maintaining regular contacts with the national authorities through institutional  committees 
avoids many  infringements/21* 

(20) 
(21) 

See environment chapter, point 1.7. 
See the  examples given  at  point  1.7  of the  environment  chapter  and  point 2.2.4.4 on 
financial  services. 

14 

Timely  provision of information  to the Commission,  by means such as the procedure  for 
technical  standards  and  regulations  set  up  by  Directive  83/189/CEE,(22)  also  helps  to 
prevent the erection of new barriers to trade/23* In a recent judgment,  the Court of Justice 
gave added  force  to this information  procedure/24* 

The Commission's efforts  to make Community  law more familiar,  more  comprehensible 
and  more  accessible  are part  of this  policy. 

But the task of monitoring the application  of Community  law is an unending task in the 
performance  of which  the Commission  has  set  itself two priority  objectives: 

putting monitoring the application of Community law at the centre of its business. 
Its work  programme  for  1996 firmly  underscores  this concern;(25) 

finding a judicious balance between monitoring the application of Community law 
at Community level  and the role played by national  authorities in general  and the 
courts in  particular. 

The work done by the Commission would be futile without Community citizens jealously 
and  vigilantly  enforcing  their  rights,  without  national  courts  and  administrative  bodies 
placing  observance  of  Community  law  among  their  priorities.  The  Commission  clearly 
stated  this  in  its  Opinion  of  28  February  1996  on  the  Intergovernmental  Conference 
provided  for  by  Article N(2) of  the Maastricht  Treaty: 

To  consolidate  the  rule  of  law  as  the  basis  of  the  Union,  the  proper 
implementation and  enforcement  of  Community  law  has  to  be  ensured,  a  task 
which falls primarily to  the national authorities. This will  be even more vital in 
an  enlarged  Community  encompassing a  wide  diversity  of  national  legal  and 
administrative systems. 

The Commission  therefore  believes  that: 

the means available to it to enforce  Community law should be made more 
effective,  notably  as regards the internal  market; 

there  should  be  a  stronger  role  for  the  Court  of  Justice,  particularly  as 
regards compliance with  its judgments/26* 

(22) 

(23) 

(24) 

(25) 

(26) 

Council Directive of 28 March  1983, OJ L  109, 26.4.1983, p. 8. 
See point 2.2.2 on free movement of goods. 
Case C-194/94 CIA Security International v Signalson and Secuhtel (judgment given on 
30 avril  1996, not yet reported): the Court held that it was not acceptable to rely, against 
an individual, on a technical standard not notified  by the directive's procedure. 
"* The  need to ensure  strict  enforcement  of the  existing  rules  remains  a top  priority', 
COM(95) 512 final, point 3.1. 
COM(96) 90 final, point 10. 

15 

The Commission  welcomes the vigilance  shown  by the European  Parliament  in  matters 
of  enforcement  of Community  law.  Its  role  in  detecting  infringements  has already  been 
emphasized.  By  approaching  national  political  authorities  and  generating  awareness 
among  public  opinion,  Parliament  can  play  an  even  bigger  role  in  having  the 
infringements  recorded  in this report  ended. 

The Commission  needs the unfailing  support  of a European  Parliament  that  attaches the 
same importance  to the proper  application  of  Community  law as to its  enactment. 

16 

Structure  of  thirteenth  report 

This report consists of: 

a  sector-by sector analysis; 

statistical tables updated to 31 December  1995 concerning suspected 
infringements (ANNEX I)  and established infringements (ANNEX II); 

a  list of established infringements of  the  Treaties, Regulations and 
Directives investigated in  1995 (ANNEX HI); 

report on the application  by Member  States of Directives in force  on 
31 December  1995, indicating infringement proceedings 
(ANNEX IV); 

a  list of judgments  of  the Court of Justice not yet  implemented 
(ANNEX V); 

a  survey of  the application  of  Community law by national courts 
(ANNEX VI). 

17 

AREA  WITHOUT  INTERNAL  FRONTIERS 

1. 

INTRODUCTION 

The  establishment  of  the  single  market  is  an  ambitious  exercise  in  economic 
integration,  requiring  the  adoption  of  legislation  - much  of  it  very  detailed  -  to 
remove physical, technical and tax barriers in a variety of sectors. The project was 
given fresh impetus  by the  1985  White Paper  on completing  the  internal  market 
and  was  largely  completed  in  1993.  It  has  since  been  extended  to  the  new 
Member  States which joined  the  Community  at the beginning  of the  year. 

In  1995,  three  years  after  the  single  market  came  into  effect,  nearly  all  the 
legislation  identified  in the  White  Paper has been  adopted.  The  objective  set  out 
in  Article  7a  of  the  Treaty  -  an  area  without  internal  frontiers  where  goods, 
persons,  services  and  capital  can  move  freely  - has  largely  been  achieved. 

However,  establishing  the  single  market  amounts  to  more  than  simply  adopting 
the measures  set out in the White Paper: the Commission  must  also see to it that 
these  measures  are  actually  implemented  and  enforced  in  accordance  with 
Community  law. 

To  this  end  the  Commission  drew  up  a  strategic  programme. for  completing, 
managing and developing the single market, which it presented at the end of  1993. 
Its  basic  premise  is  that  the  single  market  cannot  be  established  merely  by 
transposing  Community  legislation,  but  that  continual  efforts  must  be  made  to 
ensure  that  this  legislation  is  applied  and understood  at  all  levels  and  the  Union 
must  be  able  to  satisfy  the  hew  demands  which  emerge  as the  frontier-free  area 
takes  shape. The Commission  has  only just  begun  this  task. 

The  strategic  programme  identifies  administrative  cooperation  as one  of the  key 
factors  in  the  operation  of  the  single  market.  Cooperation  has  already  been 
in  many  areas  (such  as  veterinary  and  plant  health  checks, 
established 
pharmaceuticals,  foodstuffs,  customs and direct taxation), and the results  suggest 
it  is  worth  extending  it,  at  least  partly,  to  other  fields.  In  its  Resolution  of 
16 June  1994  on  developing  administrative  cooperation  in  the  enforcement  of 
Community  legislation on the internal market, the Council asked the Commission 
to step up cooperation with the relevant authorities in the Member States. In 1996 
the  Commission  is required  to  lay before  the Council  and  Parliament  a report  on 
cooperation  between  administrations  for  the  enforcement  of  internal  market 
legislation/1* 

Still  on  the  subject  of  administrative  cooperation,  it  is  worth  mentioning  two 
programmes for the exchange of officials  between Member States - Matthaeus (for 
customs  officials)  and  Karolus. 

The  Karolus  programme  is  aimed  in particular  at  harmonizing  the  interpretation 
and application of Community  law, especially  in the internal market field. All the 
Member  States  have  already  taken  part  in  the  programme,  either  sending  or 

(1) 

The Commission presented this report on 29 January. 

18 

receiving  officials  from  national  government  departments.  By  the  end  of 
September  1995 a total of  181 exchanges had taken place out of 270 applications 
accepted. 

One  important  source  of  information  on  the  monitoring  of  the  application  of 
Community  law  is  the  report  on  transposai  which  the  Commission  lays  before 
each  meeting  of the  Council  on the  internal  market.  It  indicates  the state  of play 
regarding the incorporation  into national law of the measures set out in the White 
Paper  and  other  legislation  which  is  particularly  important  for  the  smooth 
operation  of the internal market.  Of the 276 measures in the White Paper in  force 
at  31 December  1995, 222  still  required  national  implementing  measures  in  one 
or  more  Member  States.  Overall  the  Member  States  have  adopted  91.5% of  the 
national  measures  required  to  implement  internal  market  legislation. 

Delays in transposai still persist in certain sectors, particularly public procurement, 
new  technology,  insurance  and  intellectual  and  industrial  property.  These  delays 
are  often  caused  by  problems  in  the  national  decision-making  process  or  the 
technical complexity of Community texts, which sometimes leads Member  States 
to adopt national measures implementing only part of a directive. To remedy  this 
situation, the Commission  systematically  monitors the application of Community 
rules  -  as  it  does  in  all  other  fields  -  and  commences  infringement  proceedings 
under  the  Treaty,  wherever  necessary. 

2. 

SITUATION  SECTOR BY SECTOR 

2.1.  Removal  of  physical  barriers 

2.1.1.  Customs 

The  Commission  sent  a  reasoned  opinion  to  Belgium  regarding  dues 
collected  for  the  benefit  of  the  Fonds pour  la Santé  et la Production des 
Animaux  (animal  health  and  production  fund)  when  live  animals  are 
exported  to  other  Member  States.  These  dues  must  be  considered  as 
charges with an equivalent  effect  to customs duties  on exports, which are 
prohibited  under  Articles  9 and  12 of the  Treaty. 

Proceedings  have been commenced  against  Italy  under  Article  171 of the 
Treaty  for  failure  to  comply  with a judgment  given  in  1994 in which  the 
Court of Justice found that the representation monopoly of Italian customs 
forwarding  agents  and  the  requirement  that  employees  representing  their 
own firm must have the same qualification  as self-employed  persons were 
to  make 
contrary 
declarations/25 

the  persons  empowered 

to  customs  rules  on 

The  Commission  terminated  proceedings  against  Italy  concerning  the 
application  of flat-rate  import duties to goods for  which a customs debt is 
incurred  under  national  transit  arrangements.  Italy  abandoned  the  transit 

(2) 

Case C-l 19/92 [1994] ECR 1-393 (judgment  given on 9 February  1994). 

19 

scheme  following  the  entry  into  force  of  the  new  Community  transit 
arrangements  in  connection  with  the  internal  market. 

In  1995  the  Court  gave  three  important  preliminary  rulings  in  which  it 
found  that  national  taxes  should  be  prohibited  as  charges  having  an 
equivalent  effect  to  customs  duties: 

- 

- 

- 

the  Court  held  that  a  transit  charge  designed 

In  Dubois 
to 
compensate  a  private  firm  -  in  this  case  a  road-vehicle  depot  -  for 
bearing  costs  arising  from  the  performance  by  the  customs  and 
veterinary  services  of  their  public  service  duties  was  contrary  to 
Articles  9 and  12 of the Treaty,  even  though  it was not  imposed  by 
the  State  but  arose  as  a  result  of  an  agreement  concluded  between 
the  private  firm  and  its  customers/3* 

In  Simitzi  the  Court  gave judgment  concerning  a  consumption  tax 
levied  in  the  Dodecanese  islands  in  Greece  not  only  on  import  but 
also  on  export.  Confirming  its  decision  in Legros-Lancry  (on  dock 
dues  levied  in  the  French  overseas  departments),  the  Court  held 
that  the  tax  was  contrary  to  Articles  9  and  12 of  the  Treaty,  even 
though  it  applied  to  trade  between  the  islands  and  the  rest  of 
Greece/4) 

Finally,  in  Aprile  the  Court  confirmed  and  consolidated  previous 
judgments  concerning  charges  having  an  equivalent  effect  in  trade 
with  non-member  countries,  reminding  Member  States  that  they 
may  not  unilaterally  impose  charges  which  are  incompatible  with 
the  principle  of  a  single  customs  territory  and  the  uniform 
application  of  the  common  commercial  policy.  It  also  held  that 
where  this  prohibition  is  contained  in  agreements  between  the 
Community  and  certain  non-member  countries  or  in  regulations 
establishing  a  common  organization  of  the  market  in  agricultural 
products,  its  scope  is  the  same  as  in  the  case  of  intra-Community 
trade/5) 

(3) 
(4) 
(5) 

Case  C-l6/94  [1995]  ECR  1-2421 (judgment  given  on  11 August  1995). 
Joined  Cases  C-485  and  486/93  (judgment  given  on  14 September  1995). 
Case  C-l25/94  (judgment  given  on  5 October  1995). 

20 

Progress 

in  implementing  directives  applicable  to  the 

2.1.1.1. 
customs  field 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
STAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable 
on  31.12.1995 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 

Directives  for 
which  measures 
have  been  notified 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 

% 

100 
100 
100 
100 
100 
100 
100 
100 
100 
100 
100 
100 
1ÔÔ 
100 
1ÔÔ 

Note:  this  table  concerns  Directives  76/308,  77/794,  85/479,  86/489. 

2.1.2.  Free  movement  of  agricultural  products 

Freedom  of  movement  for  agricultural  products  in  a  single  market  is  one 
of  the  principles  underpinning  the  operation  of  the  common  agricultural 
policy  and  its  common  market  organizations. 

The  Court  of  Justice  has  repeatedly  pointed  out  that  Articles  30  and  34  of 
the  Treaty  are  still  an  integral  part  of  the  common  market  organizations, 
even  though  there  has  no  longer  been  any  need  to  write  them  into  the 
regulations  since  1 January  1970. 

The  Commission  kept  a  constant  watch  to  make  sure  that  barriers  to  trade 
in  agricultural  products  in  the  Community  were  removed. 

Before  the  removal  of  internal  borders,  import  controls  were  the  most 
numerous  and  the  most  varied  of  all  the  obstacles  to  trade. 

There  has  been  a  substantial  fall  in  the  number  of  new  infringements 
involving  controls  on  intra-Community  trade  in agricultural  products  since 
the  establishment  of  the  internal  market  and  the  entry  into  force  of 
legislation  harmonizing  veterinary  and  plant  health  rules. 

In  one  recent  case  the  Commission  brought  an  action  before  the  Court  of 
Justice  against  Germany  concerning  measures  it adopted  in  1993  imposing 
requirements  not  provided  for  in  Community  legislation  on  imports  of 

21 

certain kinds of fresh  pigmeat from  Denmark and providing for systematic 
checks  which  are  incompatible  with  Article  30  of  the  Treaty  and 
Directives  89/662/EEC and  91/497/EEC. 

Infringement  proceedings  have  been  terminated  in two  old  cases  (double 
checks  on  fishery  products  in  Italy  and  prior  import  licences  for  bovine 
and  porcine  semen  in  Ireland),  after  it  was  established  that  the  Member 
States  in  question  had  taken  appropriate  measures  to  comply  with 
decisions  of the  Court  of Justice. 

In  the  first  case,  Italy  implemented  the  Court  judgment  relating  to  the 
transposai  of  Directive  91/493/EEC,  which  had  condemned  systematic 
checks on consignments  of fish from  other Member  States and Norway /6) 

In  the  second  case,  Ireland  notified 
the  Commission  of  Statutory 
Instrument  No  297  of  20  September  1994 by  which  it complied  with  the 
Court's judgment  of  17 November  1992.(7) The  Court  had  found  that  by 
making  imports  from  domestic  bovine  and  porcine  animals  subject  to  a 
licence  and  various  other  conditions,  Ireland  had  failed  to  fulfil 
its 
obligations  under  Article  30  of  the  EC  Treaty,  Regulations  (EEC) 
Nos  805/68 and 827/68, Directive 74/504/EEC and Decision 88/124/EEC. 

A number of minor problems concerning the measures notified  have  now 
been  resolved. 

Besides  these  "classic" cases, the  Commission  has  been  confronted  with 
a much less familiar  problem  - barriers to trade  in fruit  and vegetables  in 
France resulting from  acts of vandalism committed by groups of protesting 
farmers. 

In  view  of  the  unacceptable  frequency  of  attacks  on  lorries,  mostly 
transporting  Spanish  strawberries,  and  the  lack  of  appropriate  and 
proportionate  action  by  the  forces  of  law  and  order,  the  Commission 
brought  the  matter  before  the  Court  of  Justice  (Case  C-265/95).  The 
Commission  believes  that  the  right  to  the  free  movement  of  goods 
guaranteed  by  the  Treaty  imposes  on  Member  States  the  obligation  to 
adopt  whatever  measures  are  necessary  to  ensure  that  this  principle  is 
observed, including measures against individuals who place it in jeopardy. 

The Commission considers that, in failing  to take appropriate  measures to 
end these  serious  obstacles  to the  free  movement  of agricultural  products 
resulting from the actions of individuals, the French authorities have  failed 
to  fulfil  their  obligations  arising  from  the  common  market  organizations 
and  Article  30 of the  Treaty,  in conjunction  with  Article 5. 

(6) 

(7) 

Case C-228/91 [1993] ECR 1-2701 ftudgment given on 25 May 1993). 
Case C-235/91 [1992] ECR 1-5917. 

22 

2.2.  Removal  of  technical  barriers 

2.2.1.  Free movement of goods 

2.2.1.1. 

Articles 30 et seq.  of the EC Treaty 

Articles  30  et  seq.  of  the  EC  Treaty  prohibit  quantitative  restrictions  on 
imports  and  exports, and  all  other  measures  having  equivalent  effect/8) 

The Commission seeks to ensure that the internal market rules are properly 
applied  and  therefore  has  to  monitor  Member  States'  compliance  with 
these  articles.  It  strives  to  remove  technical  barriers  to trade  and  develop 
instruments  which  will  prevent  new barriers  being  raised. 

Commission action 

This year the Commission dealt with some  1  270 cases, of which 238 were 
not  proceeded  with  and  only  two  were  referred  to  the  Court  of  Justice. 
Although the number of cases was up on  1994, these figures  show that the 
approach adopted  by the Commission, which is based on regular dialogue 
with  the  national  authorities, has continued  to produce  results. 

The  Commission  departments  responsible  held  meetings  with 
the 
authorities  from  eight  Member  States  to  discuss  current  complaints  and 
infringement  proceedings  and  explore  possible  non-contentious  solutions 
to complex problems. Meetings of this kind were held with Spain, France, 
Italy, Germany,  Greece, the Netherlands, and,  for  the first time, Belgium; 
clearly the benefits  of dialogue are well understood by all. More than sixty 
cases  were  settled  as a result. 

This has been a successful  practice, since it accustoms national  authorities 
to taking into account the fundamental  principles of Community law, such 
as the principle of the free  movement of goods, when enacting legislation. 
Consequently,  the exercise  has already  been extended  to Austria and will 
cover  Finland  and  Sweden  in  1996. 

The following  examples illustrate the success of these "package meetings", 
as they  are  known: 

- 

- 

France  has  abolished  the  administrative  mechanism  for  fixing  the 
resale  price  of  manufactured  tobacco,  which  was  contrary  to  the 
case  law  of  the  Court  of  Justice,  and  replaced  it  with  a  system 
whereby  manufacturers  and  suppliers  are free  to determine prices, 
which  are then  subject  to  approval. 

The  British  authorities  have  also  taken  steps  to  comply  with 
Community  law by introducing  legislation on the type-approval  of 
ultra-light  motorized  devices,  thereby  making  it  easier  to  import 

(8) 

See  1993 Report. 

23 

such  devices,  provided  they  have  been  lawfully  manufactured  or 
marketed  in  another  Member  State  in  accordance  with  equivalent 
safety  requirements  or tested using analysis methods equivalent  to 
those  applied  in the  United  Kingdom. 

Package meetings also serve to foster direct links between the Commission 
and regional  and  local  government  authorities.  Dialogue of this kind  has 
paved the way for substantial progress in changing administrative practices 
and  regional  legislation  in  Spain  which  barred  access  to  fairs  and 
exhibitions  to goods  from  other  Member  States. 

As a rule, the Member  State amends the  legislation challenged  to comply 
with  the  Treaty  and  the  matter  is  closed.  However,  pending  an  official 
amendment,  Member  States  frequently  adopt  interim  measures,  such  as 
circulars  published  in  their  national  official  gazettes  or  public  notices  in 
the  information  bulletins  of the relevant  enforcement  agencies,  informing 
interested parties that the legislation in question is to be interpreted in such 
a  way  as to be  compatible  with  the principle  of free movement  of  goods 
and will be applied accordingly  by the authorities. Some of these circulars 
may also guarantee that Community  law will be applied by the national or 
local authorities. For example, the Italian authorities  sent a circular to the 
regional  authorities  in  Lombardy  reminding  them  of  the  procedures 
applicable to certain types of public contract under national  implementing 
legislation. 

Member  States  also  publish  notices  in  their  official  gazettes  which  in 
effect  amplify  or  clarify  national  legislation  to  make  it  consistent  with 
Community  law. For example, following  a "package meeting", the French 
authorities  published  in the  national  official  gazette  a notice  to  importers 
of  road  tankers  recognizing  the  validity  of  tests  carried  out  in  another 
Member  State provided  they  guarantee  an equivalent  level  of  safety. 

The Commission seeks and receives support and cooperation from national 
government  departments  to  help  it  carry  out  its  tasks  consistently.  For 
example, they  assist  the  Commission  in its horizontal  surveys of  national 
rules  in  particular  industries.  Four  surveys  were  carried  out  in  1995, 
dealing respectively with the application of Articles  30 to 36 of the Treaty 
in  the  foodstuffs 
industry  (in  conjunction  with  the  Communication 
published  in  OJ  C 271  of  24  October  1989),  national  legislation  on  the 
parallel  import  of  medicinal  products,  national  legislation  on the  parallel 
import  of  pesticides  and  plant  protection  products  and,  finally,  national 
rules  applicable  to  intra-Community  trade  in  raw  gold  for  non-monetary 
use. 

The  Commission  also  takes  preventive  action.  Using  the  notification 
procedure  established  under  Directive  83/189/EEC,  it  requests  national 
authorities  to  insert  mutual  recognition  clauses  in  their  draft  technical 
rules/9)  Such  clauses  prevent  the  creation  of  new  obstacles  to  trade.  For 

(9) 

See  Chapter  2.2.1.2. 

24 

example,  Portugal  inserted  in  its  draft  legislation  clauses  recognizing  the 
the 
technical  rules  in  force 
production  and  use  of  underwater  concrete  and  the  specifications  and 
conditions  for  the  production  and  marketing  of  cement. 

in  the  other  Member  States  regarding 

Case  law  of  the  Court  of  Justice 

The  case  law  of  the  Court  of  Justice  also  contributes  to  the  uniform  and 
effective  application  of  Community  law.  This  is  particularly  evident  in 
connection  with  Articles  30  et  seq.  of  the  Treaty,  which  fail  to  define  the 
concept  of "measures  having  equivalent  effect"  to quantitative  restrictions. 
The  following  judgments  are  worthy  of  special  mention: 

- 

Televised  advertising  -  Free  movement  of  goods  and  services00) 

The  Court  held  that  Article  30  of  the  Treaty  must  not  be  interpreted  as 
applying  to  cases  where  a  Member  State  -  in  this  case  France  -  prohibits 
by  law  or  regulation  the  broadcasting  of  televised  advertising  for  the 
distributive  trades. 

Applying  the  criteria  laid  down  in  Keck  and  Mithouard,  the  Court  found 
that  such  measures  were  not  aimed  at  regulating  trade  in  goods  between 
Member  States,  but  were  concerned  with  selling  arrangements,  and  that 
they  applied  regardless  of  the  type  of  product  to  all  traders  and  affected 
the  marketing  of  products  from  other  Member  States  and  domestic 
products  in  the  same  manner. 

- 

Maximum  permissible  levels  of  pesticide  residues00 

The  Court  held  that  Council  Directive  90/642/EEC  of  27  November  1990 
on  the  fixing  of  maximum  permissible  levels  of  pesticide  residues  in  and 
on certain products  of plant  origin  does  not preclude  national  - in this  case 
Italian  -  legislation  from  setting  maximum  permissible  levels  for  residues 
of  chlorpropham  and  propham  and  laying  down  procedures  for  checking 
compliance  with  those  levels.  However,  the  legislation  must  comply  with 
Articles  30  and  36  of  the  Treaty. 

- 

Import  of  a  narcotic  drug  (diamorphine)(12) 

The  Court  took  the  view  that  a  national  practice  prohibiting  the  import  of 
narcotic  drugs  (in this  case  into the  United  Kingdom)  fell  within  the  scope 
of Article  30.  Such  an  import  ban  could  not  be permitted  under  Article  36 
if  it  were  based  on  the  need  to  safeguard  a  firm's  survival.  However,  it 
might  come  under  the  derogation  provided  for 
in  Article  36  if  the 
protection  of the health  and  life  of humans  were  at  stake  and  that  objective 

(,0) 
(,1) 

(12) 

Case  C-412/93  [1995]  ECR  1-179 Gudgment  given  on  9 February  1995). 
Joined  Cases  C-54/94  and  C-74/94  [1995]  ECR  1-391  (judgment  given  on  23 
February  1995). 
Case  C-324/93  [1995]  ECR  1-563 Gudgment  given  on  28  March  1995). 

25 

could  not  be  achieved  as  effectively  by  measures  less  restrictive  of 
intra-Community  trade. 

- 

Sale of  milk  for  infants  exclusively  in pharmacies03) 

The  Court  found  that  legislation  which  had  the  effect  of  restricting  the 
commercial freedom of traders without bearing on the characteristics of the 
products  in  question  was  concerned  with  selling  arrangements;  the  rules 
in question  prohibited  the marketing  of processed  milk  for  infants  except 
in pharmacies and thereby determined  in a general manner in which retail 
outlets  it may  be  sold. 

- 

Presentation  of  a  product  likely  to  restrict  freedom  to  set  retail 
prices  and  mislead  the consumer*14) 

The Court held that the decision by the German authorities to prohibit the 
marketing  of  a  product  bearing  a publicity  marking  was  a  measure  with 
equivalent  effect  to  a  quantitative  restriction  within  the  meaning  of 
Article  30, even though  it applied  without  distinction to all products. The 
ban  covered  the  release  for  free  circulation  in  one  Member  State  of 
products  bearing  a  publicity  marking  that  was  used  lawfully  in  other 
Member  States.  It  was  therefore  likely  to  hinder  intra-Community  trade 
since  it  might  compel  the  importer  to  change  the  presentation  of  his 
products  according  to  the  place  where  they  are  to  be  marketed  and 
consequently  to  incur  additional  packaging  and  advertising  costs. 

By  routinely  applying  the  criteria  laid  down  in  Keck  and Mithouard,  the 
Court  has  clearly  excluded  a  number  of  national  rules  from  the  scope  of 
Article 30. 

2.2.1.2. 

The preventive  rules of Directive 83/189/EEC 

The  notification  procedure  of  Directive  83/189/EEC,  as  amended  by 
Directive  88/182/EEC, is an essential  tool  for  preventing  barriers to trade 
from  being  raised  and  for  sharing  information.  Member  States  are 
required  to  notify  drafts  of  new  technical  regulations  for  vetting.  The 
procedure  does  not  cover  technical  regulations  issued  to  implement 
directives. 

The  Commission  received  382  drafts  of  technical  regulations/15)  which 
were  scrutinized  by  the  relevant  departments.  This  figure  compares  with 
385  in  1993  and  389  in  1994(16)  -  clear  evidence  that,  despite  the 
completion  of the  internal  market  at  the  end  of  1992, Member  States  are 

(13) 

(14) 

(15) 

(16) 

Case C-391/92 [1995] ECR 1-1621 Gudgment given on 29 June 1995). 
Case C-470/93  [1995] ECR 1-1923 Gudgment given on 6 July 1995). 
This was the figure  at  16 November 1995. 
These figures are for the twelve old Member States only. If notifications  by the 
three new Member States are included, the figures  are 438 in  1993 and 442 in 
1994. 

26 

still  adopting  large  numbers  of  technical  regulations  which  could 
undermine the single market and the integrity of the benefits  it has brought 
to  all  sectors of the  economy. 

to  the  measure 

Of the 382 drafts received, 41 required a detailed opinion0 7) recommending 
infringements  of  secondary 
to  eliminate 
changes 
Community  legislation  or  to  debar  the  establishment  of  new  barriers  to 
trade.  For their  part,  the  Member  States  issued  43 opinions/15)  In  three 
cases0 5)  the  Commission  had  to  ask  the  Member  State  for  a  one-year 
postponement  of  the  measures  as  it  intends  to  propose  harmonization 
directives.  However,  there  were  no  cases  in  which  measures  had  to  be 
postponed  because  of  an  overlap  with  a  draft  directive  or  regulation 
already  before  the  Council. 

Since  1989  the  Commission  has  been  monitoring  compliance  with  the 
notification  requirement  by  routinely  scrutinizing  the  official  gazettes  of 
all  the  Member  States.  When  it  discovers  a  breach  of  Directive 
83/189/EEC, it commences infringement  proceedings under Article  169 of 
the  EC Treaty. 

In  1995  some  2240  national  laws  were  examined,  of  which  about  30% 
were  technical  rules  which  had  not  been  notified  under  the  Directive  or 
fell  outside  its  scope.  After  careful  study  to  see  whether  these  rules 
should  be  notified  under  the  Directive,  the  Commission  commenced 
31 infringement proceedings and referred two cases to the Court of Justice. 

2.2.2.  Progress in implementing directives on the free movement of goods 

2.2.2.1. 

Foodstuffs 

The  Commission  examined  around  twenty  cases  where  directives  and 
regulations  in this  area  were  incorrectly  applied.  All  of  these  cases  were 
the  subject  of  an  informal  exchange  of  letters  between  the  relevant 
infringement 
Commission  departments  and  national  authorities.  No 
proceedings  have yet been  commenced  in them. 

Some  of the  infringements  concern  the  incorrect  application  of  Directive 
79/112/EEC on the  labelling  of  foodstuffs,  as  in the  following  example: 

Directive  79/112/EEC  lays down  an  exhaustive  list of  information  which 
must  be  indicated  on  the  labels  of  foodstuffs  (sales  description,  list  of 
ingredients,  net  quantity,  etc.).  However,  a  Member  State  may  deem  it 
necessary to impose new labelling indications, which are not laid down by 
the Directive,  in order to provide  better  information  for  consumers.  Since 
a  unilateral  obligation  of  this  kind  may  constitute  a  barrier  to  trade 
between  the  Member  States,  Directive  79/112/EEC  provides  that  the 
Member  State must  notify  the  Commission  and  the  other  Member  States 

(17) 

This was the figure for drafts which had to be notified before  16 November 1995. 

27 

of  its  proposed  measure.  The  Commission  then  scrutinizes  the  draft  and 
may  oppose  its  adoption.  During  the  year,  two  Member  States  were  in 
breach  of Community  law for  failing  to  follow  the notification  procedure 
laid  down  in the  Directive. 

2.2.2.2. 

Progress in implementing directives applicable to foodstuffs 

MEMBER 
STATE 

Directives 
applicable  on 
31.10.1995 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

78 n 
n 
n 
78 
78 n 
78 
78 n 

78 
78 
78 
78 
78 

Directives  for  which 
measures  have  been 
notified 
73 
73 
72 
73 
rt 
6% 
70 
68 
74 
77 
54 
72 
68 
71 
74 

% 

92 
92 
92 
92 
92 
87 
90 
87 
95 
99 
69 
92 
87 
91 
95 

Note:  this  table  concerns  Directives  62/2645,  64/54,  65/66,  67/427, 
70/357,  73/241,  73/437,  74/329, 74/409, 75/726, 76/118, 76/621,  77/436, 
78/142, 78/663, 78/664, 79/112,79/168,79/693,79/796,79/1066,79/1067, 
80/590,  80/766,  80/777,  80/891,  81/432,  81/712,  82/711,  83/417, 83/463, 
84/500,  85/503, 85/572,  85/591,  86/424,  87/250,  87/524,  88/344, 88/388, 
88/593,  89/107,  89/108, 89/109,  89/344,  89/394,  89/395, 89/396, 89/397, 
89/398, 90/128, 90/496, 90/612, 91/71, 91/72, 91/238, 91/321, 92/1, 92/2, 
92/4,  92/39, 92/52,  92/115,  93/5, 93/8, 93/9, 93/10,  93/11,  93/43, 93/45, 
93/77,  93/99,  93/102,  93/111,  94/35, 94/36,  94/52, 94/54. 

2.2.2.3. 

Pharmaceutical  products 

Implementation  has  improved,  however  the  main  problem  is  with  the 
homéopathies Directives. There are also some general problems concerning 
the  interpretation  of  Directives  65/65/EEC  and  75/319/EEC,  in  so  far  as 
these  Directives  impact  on  the  new  legal  framework  established  by 
Regulation  (EEC) No  2309/93  and Directives  93/39/EEC, 93/40/EEC and 
93/41/EEC.  The  particular  issues  are:  (i)  definitions  for  a  medicinal 
product  and  for  a borderline  product,  and  (ii)  abridged  applications  for  a 
Marketing Authorization  for  a medicinal product essentially  similar to one 
already  authorized. 

To  address  these  issues  and  the  increasing  complexity  of  the  Directives, 
due to the fact  that the more recent  legislation modifies  earlier Directives, 
all  of  the  pharmaceutical  legislation,  both  human  and  veterinary  will  be 

28 

Consolidated.  The consolidation  will  increase the clarity of the  legislation 
and  ultimately  the  effectiveness  of  its  implementation. 

2.2.2.4. 
pharmaceuticals 

Progress 

in 

implementing  directives  applicable 

to 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.10.1995 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 

Directives  for 
which  measures 
have been  notified 
29 
33 
30 
32 
31 
26 
27 
32 
28 
31 
23 
29 
31 
33 
34 

% 

85 
97 
88 
94 
91 
76 
79 
94 
82 
91 
68 
S5 
91 
97 
100 

Note:  this table concerns Directives 65/65, 75/318, 75/319, 78/25, 80/342, 
81/851,  81/852,  83/570,  87/19,  87/20,  87/21,  87/22,  88/320,  89/105, 
89/341,  89/342,  89/343,  89/381,  90/&!,  91/356,  91/507,  90/676,  90/677, 
91/412,  92/18,  92/25,  92/26,  92/27,  92/28,  92/73,  92/74,  93/39,  93/40, 
93/41. 

2.2.2.5. 

Chemicals 

There  are  no  particular  problems  in  the  application  of  directives  in  this 
sector. The number of infringement  proceedings commenced  for failure  to 
notify  national  implementing  measures  or  for  incorrect  implementation 
remains  small. 

The harmonization  of restrictions  on the use of dangerous  substances  was 
the  first  field  in  which  Member  States  requested  derogations  under 
Article  100a(4)  of  the  Treaty,  the  purpose  being  to  maintain  national 
legislation  which  sets  more  stringent  protection  standards  than  those  laid 
down  in the various  directives  amending the basic Directive  76/769/EEC. 

The  Commission  received  requests  for  derogations  from  Germany,  the 
Netherlands  and  Sweden  concerning  restrictions  on  the  use  of  creosote 
time  Directive 
under  Directive  94/60/EC  amending 
76/769/EEC  on restrictions  on the marketing and use of certain  dangerous 
substances.  It  had  already  received  requests  from  Denmark  and  the 
Netherlands concerning pentachlorophenol, which are still being examined 
by the  relevant  departments. 

the  14th 

for 

29 

2.2.2.6. 

Progress in implementing directives applicable to chemicals 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.10.1995 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 
46 

Directives  for 
which  measures 
have  been  notified 
3$ 
43 
35 
39 
42 
38 
42 
37 
41 
44 
39 
36 
45 
45 
37 

% 

S3 
94 
76 
89 
92 
83 
91 
80 
89 
96 
85 
78 
98 
98 
80 

Note:  this  table  concerns  Directives  73/404,  73/405,  76/116,  76/769, 
77/535,  78/631,  79/138, 79/663, 80/876,  81/187, 82/242, 82/243, 82/806, 
82/828,  83/264,  83/478,  84/291,  85/467,  85/610,  87/94,  87/566,  88/126, 
88/183,  88/379,  89/178,  89/284,  89/519,  89/530,  89/677,  89/678, 90/35, 
90/492,  91/155,  91/173,  91/338,  91/339,  91/442,  91/659,  92/109, 93/1, 
93/15,  93/18, 93/46, 93/69, 94/60, 95/8. 

2.2.2.7. 

Motor vehicles, tractors and motorcycles 

The  transposai  of  directives  in this  field  is trouble-free.  The  only  delays 
in  incorporation  into  national  law are  in Belgium  and  Finland. 

Given the detailed, technical nature of the motor vehicle provisions, many 
Member  States  routinely  refer  in  their  national  legislation  to  the  text 
published  in the  Official  Journal, which  in practice  facilitates  and  speeds 
up  the  transposai  process  and  scrutiny  for  conformity  with  Community 
law. There are delays, but they rarely  exceed  a few months and  generally 
arise  because  the  deadline  for  transposing  the  directive  comes  soon  after 
the  date of  adoption. 

the  deadline  for  transposai.  Infringements 

Most  of  the  cases  examined  for  failure  to  notify  were  terminated  as 
notification  of national implementing measures was received a few months 
involving  incorrect 
after 
implementation  are rare and  generally  resolved  after  an Article  169  letter 
has been sent. Of the four infringement  proceedings pursued this year, two 
involved  purely  technical  problems  and  were  terminated  within  one  year 
of  the  complaint  being  lodged,  while  the  other  two,  concerning  the 

30 

disputed  application  of 
in 
conjunction  with  Articles  30  and  36  of  the  Treaty,  are  still  being 
examined. 

the  directives  on  pollutant  emissions, 

2.2.2.8. 
vehicles,  tractors  and  motorcycles 

Progress  in  implementing  directives  applicable  to  motor 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED KINGDOM 

Directives 
applicable  on 
31.12.1995 
176 
176 
176 
176 
176 
176 
176 
176 
176 
176 
176 
176 
176 
176 
176 

Directives  for  which 
measures  have  been 
notified 
158 
175 
175 
171 
175 
174 
175 
175 
174 
172 
171 
171 
157 
172 
171 

% 

89 
M 
99 
97 
$$ 
98 
99 
99 
98 
97 
97 
97 
89 
97 
97 

this  table  concerns  Directives  70/156,  70/157,  70/220,  70/221, 
Note: 
70/222,  70/311, 70/387,  70/388,  71/127,  71/320,  72/245,  72/306,  73/350, 
74/060,  74/061, 74/132,  74/150,  74/151, 74/152,  74/290,  74/297,  74/346, 
74/347, 74/408,  74/483, 75/321, 75/322,  75/443,  75/524,  76/114,  76/115, 
76/432,  76/756,  76/757,  76/758,  76/759,  76/760,  76/761, 76/762,  76/763, 
77/102,  77/143,  77/212,  77/311, 77/389,  77/536,  77/537,  77/538,  77/539, 
77/540,  77/541, 77/649,  78/315,  78/316,  78/317,  78/318,  78/507,  78/547, 
78/548, 78/549,  78/632, 78/665, 78/764, 78/932,  78/933, 78/1015,  79/488, 
79/489, 79/490, 79/532, 79/533, 79/622, 79/694, 79/795, 79/1073, 80/233, 
80/720,  80/780,  80/1267,  80/1268,  80/1269,  80/1272,  81/333,  81/334, 
81/575,  81/576,  81/577,  81/643,  82/244,  82/318,  82/319,  82/890,  82/953, 
83/190,  83/276,  83/351, 84/008,  84/372,  84/424,  85/205,  85/647,  86/297, 
86/298,  86/415,  86/562,  87/056,  87/358,  87/402,  87/403,  87/405,  88/076, 
88/077,  88/194,  88/195,  88/297,  88/321, 88/366,  88/410,  88/411,  88/412, 
88/413,  88/414,  88/436,  88/465,  89/173,  89/235,  89/277,  89/278,  89/297, 
89/458,  89/491, 89/516,  89/517,  89/518,  89/680,  89/681, 89/682,  90/628, 
90/629,  90/630,  9Ï/226,  91/328,  91/422,  91/441, 91/542,  91/662,  91/663, 
92/021,  92/022,  92/023,  92/024,  92/053,  92/062,  92/097,  92/114,  93/059, 
92/061,  93/14,  93/81,  93/91,  93/116,  93/29,  93/30,  93/31,  93/32,  93/33, 
93/34,  94/12,  94/20,  94/53, 94/68,  94/78,  95/54. 

31 

2.2.2.9. 

Construction  products 

The Commission  has commenced  an action in the Court of Justice against 
Belgium,  the  only  Member  State  not  to  have  notified  national  measures 
implementing Directive  89/106/EEC. There are also particular problems in 
Austria  due  to  its  federal  structure  (the  Lander  have  the  power  to 
incorporate Community rules into their own legislation, but not all of them 
have  done so). 

The  Commission  now  uses the mechanism  laid  down  in that Directive  to 
follow  up complaints  on obstacles to trade and check that the practices  in 
question  are consistent  with  Community  law. In the past  such cases  were 
examined  only  in the  light  of  Articles  30 to  36 of the  Treaty. 

2.2.2.10. 
prepackaging,  measuring  equipment,  electronics  and medical  devices 

Mechanical  engineering,  personal  protection  equipment, 

Most directives in this field come under the "new approach". They  confine 
themselves  to  setting  fundamental  safety  requirements  and  introduce 
machinery  for  authorizing  the  marketing  and  free  movement  of  safe 
appliances  in the  Community. 

The rate of transposai  is satisfactory,  considering the technical complexity 
of  the  directives. 

In  most  cases  outstanding  delays  in  transposai  are  due  to  the  national 
legislative  process,  federal  administrative  structures  and  problems  in  the 
interpretation  of texts.  Despite these delays and the  fact  that transposai  is 
sometimes  incomplete,  there  are  no  obstacles  to  the  free  movement  of 
products  which  comply  with  the directives. 

32 

Progress 

2.2.2.11. 
to 
mechanical  engineering,  personal  protection  equipment,  prepackaging, 
measuring  equipment,  electronics  and medical  devices 

implementing  directives  applicable 

in 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.12.1994 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 
92 

Directives  for 
which  measures 
have  been  notified 
88 
92 
88 
89 
88 
89 
89 
85 
89 
91 
85 
90 
90 
89 
90 

% 

96 
100 
96 
96 
96 
96 
96 
92 
96 
99 
92 
98 
98 
96 
98 

this  table  concerns  Directives  69/493,  71/316,  71/317,  71/318, 
Note: 
71/319,  71/347,  71/348,  71/349,  72/427,  73/23,  73/360,  73/361,  73/362, 
74/148,  74/331,  75/33,  75/106,  75/107,  75/324,  75/410,  76/117,  76/211, 
76/434,  76/696,  76/764,  76/765,  76/766,  76/767,  76/891,  77/95,  77/313, 
78/365, 78/629, 78/891, 78/1031, 79/196, 79/830, 79/1005, 80/181,80/232, 
82/621,  82/622,  82/623,  82/624,  82/625,  83/128,  83/575,  84/47,  84/414, 
84/525,  84/526,  84/527,  84/528,  84/529,  84/532,  84/539,  85/1,  85/10, 
85/146,  86/96,  86/217,  86/295,  86/296,  86/312,  86/663,  87/354,  87/355, 
87/356,  87/404,  88/316,  88/571, 88/665,  89/240,  89/336,  89/392,  89/617, 
89/676,  89/686,  90/384,  90/385,  90/396,  90/486,  90/487,  90/488,  91/368, 
92/31,  93/44,  93/95,  93/42,  94/1, 94/9,  94/26. 

33 

2.2.3.  Free movement of persons, right of establishment and voting  rights 

2.2.3.1. 

Ending  discrimination 

Infringement  proceedings  are  under  way  against  a  number  of  Member 
States concerning the application  of Regulation  (EEC) No  1612/68 on the 
free movement  of workers. 

The Court of Justice gave judgment  in the case brought against  Greece in 
1994 regarding the conditions  imposed  on nationals of the other  Member 
States wishing to teach a foreign  language, with a view to ensuring equal 
access  to this profession  for  all  Community  citizens.(18) The  Commission 
has  now  commenced  infringement  proceedings  against  Greece  under 
Article  171 for  failing  to  implement  the  Court's  decision. 

An  action  is  still  in  progress  before  the  Court  against  the  Belgian 
legislation which discriminates against young job-seekers who have studied 
in another Member  State, denying them the integration benefits  which are 
a  prior  condition  for  access to certain jobs  in Belgium. 

The  Commission  sent  an  Article  171 letter  to  the  Belgian  authorities 
following  the judgment  given by the Court concerning the withholding  of 
finance for university studies from  students from other Member States who 
are  in Belgium  solely  for  the purpose  of  studying  there.(19) 

The  Commission  sent  Belgium  a  reasoned  opinion  in  another  case 
concerning  study  grants  for  a  government-sponsored  exchange  scheme 
between  Belgium,  Luxembourg  and  the United  States. 

Two reasoned  opinions have been sent to Greece - one for  discrimination 
on  the  grounds  of  nationality  in  acknowledging  the  eligibility  of  large 
families  for  certain  allowances  and  the  other  on  conditions  for  access  to 
the profession  of medical  specialist. 

The  Commission  also  sent  reasoned  opinions  to  France  concerning 
discrimination  based  on  nationality  for  the  granting  of  teacher  training 
allowances and discrimination against early-retired frontier  workers and to 
Germany for incorrect application of the Community rules on the residence 
of  Community  nationals. 

A reasoned  opinion  was sent to the United  Kingdom  for  failing  to accord 
social  security  benefits  to a Community  worker  in the  form  of  reductions 
in  university  entrance  fees  and  study  grants  for  his  spouse. 

Infringement  proceedings  against  Luxembourg  were  terminated  after  the 
Commission accepted that the new Luxembourg legislation on the granting 
of  pre-natal  and  maternity  benefits  was  consistent  with  Community  law 

(18) 
(19) 

Case  123/94 [1995] ECR 1-1457 (judgment  given on  1  June 1995). 
Case C-47/93  [1994] ECR 1-1593 Gudgment given on 3 May 1994). 

34 

the 

under 
Case C-l 11/91. 

terms  of 

the  Court's  judgment  on  10 March  1993 

in 

In  the  tax  field,  the  Court  gave  judgment  in  a  case  brought  by  the 
Commission against Luxembourg concerning the final payment of income 
tax  by  non-resident  workers.  The  Court  found  in  the  Commission's 
favour.(20) 

Finally, the Commission  sent an Article  171 letter to Belgium  concerning 
the granting  of certain  social  security  benefits  (minimum  income,  benefit 
for  the disabled).(21) 

2.2.3.2. 

Entry and  residence 

As  regards  right  of  residence,  the  Commission  commenced  an  action 
against  Germany  for  failure  to  notify  measures  implementing  Directives 
90/365/EEC (employees and self-employed  persons who have ceased their 
occupational activity) and 90/364/EEC (persons not in active employment). 
It  also  sent  a  reasoned  opinion  to  Germany  for  failure  to  notify 
implementing  measures  in respect  of Directive  93/96/EEC. 

The  Commission  brought  an  action  against  Belgium  because  of 
discrimination  in  the  conditions  and  detailed  arrangements  for  issuing 
residence  permits. 

(20) 

(21) 

Case C-l51/94 (judgment  given on 26 October 1995). 
Case C-326  [1992] ECR 1-5517 Gudgment given on  10 November  1992). 

35 

Progress  in  implementing  directives  applicable  to right of 

2.2.3.3. 
residence 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.12.1995 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 

Directives  for  which 
measures  have  been 
notified 
4 
5 
2 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 

% 

80 
100 
40 
100 
1ÔÛ 
100 
100 
100 
100 
100 
100 
100 
100 
100 
100 

Note:  this  table  concerns  Directives  64/221,  73/148,  90/364,  90/365, 
93/96. 

2.2.3.4. 

Right to vote  and stand in elections 

Under Directive 93/109/EC, Union citizens residing  in a Member  State of 
which they are not nationals were able to vote and stand in elections to the 
European  Parliament  in  June  1994.  A  report  is  being  drawn  up  on  the 
application  of  the  Directive  during  these  elections. 

On  17 September  1995 elections to the European Parliament  were held in 
Sweden,  with  the  participation  of  nationals  of  other  Member  States 
residing  there. 

2.2.3.5. 

Trade union  rights 

Following  a judgment  given  by the  Court  concerning  the right  of  foreign 
workers  to  stand  for  election  in  trade  associations,  Luxembourg  enacted 
new  legislation  which  is consistent  with  Community  law.(22) 

(22) 

Case C-l 18/92 [1994] ECR 1-1891 Gudgment given on  18 May 1994). 

36 

2.2.3.6. 

Access  to  employment  in  the  public  service 

For  a  number  of  years  the  Commission  has  been  conducting  a  systematic 
campaign  to  open  up  four  priority  areas  of  the  public  service  to  workers 
from  other  Union  countries  (state  education,  civilian  research,  operational 
public  health  services  and  public  bodies  responsible  for  administering 
commercial  services).(23)  To  this  end  it  commenced  several  infringement 
proceedings. 

Cases  are  still  in progress  before  the  Court  against  Belgium,  Luxembourg 
and  France. 

There  have  been  positive  developments  on  the  legislative  front  in  Italy, 
where  three  laws  have  been  passed,  and  Spain,  which  has  adopted 
satisfactory  legislation  in  all  four  areas. 

The  Commission's  systematic  efforts  in  the  priority  sectors  have  rubbed 
off  in  other  sectors  -  France  and  Germany,  for  example,  have  enacted 
legislation  (in July  1991 and  December  1993 respectively)  whose  scope  is 
not  confined  to  the  priority  areas  but,  in  theory,  covers  the  public  service 
as  a  whole. 

2.2.3.7. 

Social  security  of  migrant workers 

The United  Kingdom  authorities in Gibraltar decided to dissolve the  Social 
Insurance  Fund  from  1 January  1994. Many  of the persons  affected  by  this 
decision  are  former  migrant  workers,  from  whom  the  Commission  has 
received  more  than  6  500  complaints. 

Bearing  in  mind  the  principles  of  Community  law  at  stake  -  i.e.  equal 
treatment  and  the  upholding  of  rights  acquired  and  or  in  the  process  of 
free  movement  of  workers 
being  acquired 
(application  of  Regulation  (EEC) No  1408/71)  - and  the  consequences  for 
freedom  of  movement  within  the  Community,  the  Commission  sent  a 
reasoned  opinion  to  the  United  Kingdom  authorities. 

to  guarantee 

in  order 

2.2.3.8. 

Recognition  of  qualifications 

Cases  decided  by  the  Court  of  Justice 

In  the  most  notable  judgment  given  by  the  Court  in  this  field,  Italy  was 
condemned  for  improper  implementation  of  Directives  78/686/EEC  and 
78/687/EEC  (dentists).(24) 

The  following  are  noteworthy  among  the  Article  171  cases  for  failure  to 
comply  with  earlier  Court  of  Justice  judgments: 

(23) 

(24) 

See Commission  communication,  OJ No  C  72,  18.3.1988, p. 2. 
Case  C-40/93  [1995]  ECR 1-1319 Gudgment  given  on  1 June  1995). 

37 

- 

- 

- 

A reasoned opinion was sent to Belgium for failing  to comply with 
the judgment  given  on  16 May  1991  (Case  C-l67/90)  concerning 
the incorrect transposai of Directives 85/432/EEC and 85/433/EEC 
(pharmacists). 

In the case  concerning  private  schools  in Greece  (frontistirid), the 
Greek  authorities  amended  their  legislation  after  two  judgments 
given  against  them  by  the  Court.  In  Case  C-l47/86,  the  Court 
condemned  Greece  for  a  breach  of  Articles  48,  52  and  59  of  the 
Treaty  in  the  form  of  a  ban  on  nationals  of  other  Member  States 
setting  up frontistiria  and  private  music  and  dance  schools.  In  a 
judgment  given on 30 January  1992, Greece was condemned  for  a 
the  newly-adopted 
second  time  (Case  C-328/90).  However, 
legislation  Jias  still  not  ended 
the 
Commission  has  therefore  decided  to  recommence  Article  17.1 
proceedings. 

the  discrimination  and 

Article  171 proceedings  have  also  been  commenced  against  Italy 
and  France  concerning  the  freedom  of  tourist  guides  to  provide 
services.(25) 

Two  other  cases  stand  out: 

- 

- 

Following  the  judgment  given  against  Spain  in  Case  C-3 75/92 
concerning  the  freedom  of  tourist  guides  to  provide  services,(26) 
some of the Autonomous  Communities  have adopted  new decrees 
on  the  exercise  of  that  profession.  The  Commission  is  now 
scrutinizing these measures to determine whether they comply with 
the  Court's judgment. 

Greece has implemented the Court's judgment of 26 February 1991 
on  tourist  guides,  although  a  few  minor  problems  have  still  be 
settled. 

National implementing measures 

On 3 August  1995 the Commission adopted Directive 95/43/EC amending 
Annexes C and D to Council Directive 92/51/EEC (second general system 
for  the recognition  of professional  education  and training). 

The Court  of Justice  condemned  Greece  (Case C-365/93)(27) and  Belgium 
(Case  C-316/94)(28)  for  failure  to  notify  measures  transposing  Directive 
89/48/EEC (first general system). However, the two countries have still not 
transposed  the  Directive  and  have  been  sent  a  letter  reminding  them  of 
their  obligations  pursuant  to the  Court's judgments. 

(25) 
(26) 
(27) 
(28) 

Judgment given on 26 February  1991. 
Judgment given on 22 March 1994. 
Judgment given on 23 March 1995. 
Judgment given on  13 July 1995. 

38 

Infringement  proceedings have been commenced against Greece, Belgium, 
Portugal,  Ireland  and  the  United  Kingdom  for  failure  to  notify  measures 
implementing  Council Directive 92/51/EEC, which supplements  Directive 
89/48/EEC. 

Incorrect transposai and incorrect application of directives 

The Commission received around forty  complaints concerning  restrictions 
in  breach  of Articles  52 and  59 of the  EEC  Treaty  and  directives  on  the 
mutual recognition of professional qualifications. Some of these complaints 
gave rise to  infringement  proceedings, while  others  were  shelved. 

The  Commission  pursued  a  number  of  proceedings  already  in  motion 
against  Member  States for  incorrect  transposai  or  incorrect  application  of 
directives.  For  example: 

- 

- 

- 

- 

- 

a  case  concerning  the  transposai  of  Directive  89/48/EEC  with 
regard to the teaching  profession  in  Germany  and  France; 

a proceeding  in motion  against  Germany  concerning  access to  the 
dental  profession  (requirements  not  allowed  by  the  dentist 
directives  for  admission  to  the  social  security  register  of  dentists 
who  hold  non-German  qualifications  which  conform  to  the 
directives); 

a case in progress against  Spain - which also figured in last  year's 
report - for admitting dentists with qualifications  obtained  in Latin 
America  at  a level  far  below the  directive's  requirements; 

a  proceeding  against  the  Spanish  legislation  implementing  the 
architects Directives, which lays down restrictions on the maximum 
period  during  which  services  may  be provided  in  Spain; 

new infringement  cases relating to Directive 89/48/EEC, including 
one against Spain for incomplete transposai  as regards the aptitude 
test for  lawyers and another against Italy for  failing  to observe the 
procedural  guarantees  laid  down  in the  Directive. 

The Commission decided not to pursue complaints against France and the 
Netherlands,  after  they  ended  discrimination  against  lawyers  trained  in 
another  Member  State. 

39 

2.2.3.9. 
recognition  of  qualifications 

Progress 

in 

implementing  directives  applicable 

to 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.12.1995 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 

Directives  for  which 
measures  have been 
notified 
58 
63 
61 
59 
61 
61 
60 
61 
63 
63 
61 
58 
62 
62 
63 

% 

92 
too 
97 
94 
97 
97 
95 
97 
too 
1ÔÔ 
97 
92 
98 
98 
1ÔÔ 

Note:  this  table  concerns  Directives  63/261,  63/262,  64/222,  64/223, 
64/224,  64/227,  64/228,  64/229,  65/1,  66/162,  67/43,  67/530,  67/531, 
67/532, 67/654, 68/192, 68/363, 68/364, 68/365, 68/366, 68/367, 68/368, 
68/369,  68/415,  69/82,  70/451,  70/522,  70/523,  71/18,  74/556,  74/557, 
75/362*, 75/363*, 75/368, 75/369, 77/249, 77/452, 77/453, 78/686, 78/687, 
78/1026,  78/1027,  80/154,  80/155,  80/1057,  80/1273,  82/76,  82/470, 
82/489, 85/384, 85/432, 85/433, 85/584, 85/614, 86/017, 86/457*, 89/048, 
89/594,  89/595, 90/658*, 92/51,  94/38, 95/43. 

These  Directives  were  consolidated  by  Directive  93/16  (free 
movement  of  doctors  and  mutual  recognition  of  diplomas, 
certificates  and  other  evidence  of  formal  qualifications) 

2.2.3.10. 

Independent commercial  agents 

Directive  86/653/EEC  on  independent  commercial  agents  has  been 
transposed  in all  the  Member  States. 

40 

2.2.4.  Freedom  to  provide  services 

2.2.4.1. 

Broadcasting 

All  the  Member  States  have  notified  national  measures  to  implement 
Directive  89/552/EEC  (television  without  frontiers).  The  Commission  is 
scrutinizing  the  relevant  legislation  of  the  new  Member  States. 

Following  various  initiatives  by  the  Commission,  solutions  seem  to  be  in 
sight  for  most  of the  problems  in transposai  (ambiguities  in the drafting  of 
national  measures  or  mistakes  in  interpretation).  However,  problems  of 
substance  still  remain  with  Belgium  and  the  United  Kingdom  concerning 
Article  2  (prior  controls  on  programmes  broadcast  from  another  Member 
State  and  failure  to  respect  the  hierarchy  of  criteria  determining  the 
jurisdiction  of  a  Member  State)  and  Articles  4  and  5 on  the  promotion  of 
European  works  (licensing 
in  the  United  Kingdom  of  broadcasting 
companies  which  do  not  comply  with  these  provisions). 

The  Commission  keeps  a  constant  watch  to  ensure  that  the  provisions  of 
the  Directive  are  effectively  and  correctly  applied.  Following  a number  of 
complaints,  it  paid  particular  attention  to  the  effective  application  of  the 
rules  on  advertising  and  sponsorship  and  the  protection  of  minors. 

2.2.4.2. 

Telecommunications 

frequencies 

All  the  Member  States  have  notified  national  measures  implementing  the 
three  directives  on 
(GSM), 
90/544/EEC  (Errnes)  and  91/287/EEC  (DECT).  After  examining  the 
measures notified,  the Commission  is satisfied  that they are consistent  with 
Community  law.  It  has  now  begun  scrutinizing  the  measures  notified  by 
the  new  Member  States  (Austria,  Finland  and  Sweden). 

-  Directives  87/372/EEC 

Some  Member  States  have  still  not  implemented  Decision  91/396/EEC  on 
the  introduction  of  "112"  as  the  standard  emergency  services  number 
throughout  the  Union.  Under  Article  2 of the Decision,  Member  States  are 
required  to  introduce  the  new  number  in  parallel  with  any  other  existing 
national  emergency  number  by  31  December  1992.  Seven  Member  States 
(Germany,  Austria,  Belgium,  Denmark,  Finland,  Luxembourg  and  the 
United  Kingdom)  have  adopted  measures  implementing  the  Decision. 
Technical  and  financial  problems  have  prompted  five  others  (France, 
Ireland,  Italy,  the  Netherlands  and  Sweden)  to  ask  the  Commission  for  a 
derogation  until  31  December  1996.(29)  In  Spain,  Greece  and  Portugal, 
introduction  of  the  new  number  has  been  hampered  by  administrative 
problems  (responsibility  shared  between  different  Ministries). 

Ten  Member  States  (Germany,  Belgium,  Denmark,  Greece,  Luxembourg, 
Ireland,  Italy,  the  Netherlands,  Portugal  and  the  United  Kingdom)  have 
already  introduced  "00" as the  standard  code  for  access  to the  international 

(29) 

In accordance  with  Article  3 of  the  Decision. 

41 

network  in  the  Community,  in  accordance  with  Decision  92/264/EEC. 
France  has  notified  the  Commission  of  technical  and  organizational 
problems in adopting the standard access code and asked for an extension 
of  the  deadline  under Article  3(2)  of  the  Decision.  Austria,  Finland and 
Sweden notified the ESA that they would require extra time to implement 
the  Decision  (until  December  1997,  October  1996  and  the  end  of  1998 
respectively).  Spain  has  still  supplied  no information  on  implementation 
of the Decision. 

All  the  Member  States  have  now  transposed  the  framework  Directive 
90/387/EEC on open network provision (ONP), which sets out the general 
principles on access to public telecommunications networks and services, 
thereby guaranteeing harmonized specifications that are clearly defined and 
recognized  throughout the Union. 

The  Commission  has  scrutinized  the  national  measures  notified  by  ten 
Member  States  (Belgium,  France,  Germany,  Denmark,  the  Umted 
Kingdom, Portugal, Spain, Italy, Ireland and the Netherlands) transposing 
the  first  specific  ONP  Directive,  Directive  92/44/EEC.  The  measures 
notified by France, the United Kingdom and Denmark are consistent with 
Community  law,  while  the  others  fail  to  transpose  the whole  Directive. 
Infringement  proceedings  are in motion  (or will  be commenced)  against 
the Member States concerned. The notifications from Austria, Finland and 
Sweden  are still  being  examined by the Commission. 

The  Court  of  Justice  found  that,  by  not  adopting  transposai  measures, 
Luxembourg  and  Greece  had  failed  to  fulfil  their  obligations  under 
Article  189 of the EC Treaty.(30) 

The Court was also  asked to give  a preliminary  ruling under Article  177 
of  the  Treaty  concerning  the  application  of  the  Directive  in  the  United 
Kingdom.(31) This will  be an opportunity for the Court to define the scope 
of the Directive  and interpret some of its provisions  (Articles 3 to 10). 

The basic Directive on the harmonization of telecommunications terminal 
equipment  (Directive  91/263/EEC) is a framework  law providing for the 
adoption of common technical  rules for its implementation. Five Member 
States  have  implemented  the  entire  Directive  (Denmark,  France,  Italy, 
Portugal and the United Kingdom), while the notifications from Germany, 
Spain and the Netherlands are incomplete. Infringement proceedings have 
been  commenced  against  all  three  States.  Scrutiny  of  the  national 
implementing measures notified  by Austria, Finland and Sweden is under 
way. 

(30) 

(3D 

Cases  C-220/94  [1995]  ECR 1-1589  (judgment  given  on  15 June  1995) and 
259/94 [1995] ECR 1-1947 (judgment given on 6 July 1995). 
Case C-302/94 - BT. 

42 

The Court of Justice condemned  Belgium  and Greece for  failure  to  notify 
national measures incorporating the obligations flowing  from  the Directive 
into  national  law.(32) 

Directive 91/263/EEC was amended by Article  11 of Directive 93/68/EEC 
on  the  standardization  of  the  symbols  and  rules  for  marking  products  in 
the Community.  So far four Member  States have notified  the Commission 
of  new  implementing  measures  on  marking  (Denmark,  France,  Portugal 
and  the United  Kingdom). 

Directive  93/97/EEC extending the scope of Directive  91/263/EEC  to  the 
equipment of ground satellite tracking stations entered into force on  1  May 
1995.  Seven  Member  States  (Germany,  Denmark,  Finland,  France,  the 
Netherlands,  the  United  Kingdom  and  Sweden)  have  notified 
the 
Commission  of national  measures transposing  the new Directive. 

2.2.4.3. 
telecommunications. 

Progress 

in 

implementing  directives  applicable 

to 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.12.1995 
7 
7 
7 
7 
7 
7 
7 
7 
7 
7 
7 
7 
7 
7 
7 

Directives  for  which 
measures  have  been 
notified 
5 
7 
7 
4 
6 
7 
5 
6 
4 
7 
6 
6 
7 
7 
7 

' 

% 

71 
100 
100 
57 
86 
100 
71 
86 
57 
100 
86 
86 
100 
100 
100 

Note:  this  table  concerns  Directives  87/372,  90/387,  90/544,  91/263, 
91/287,  92/044, 93/097. 

(32) 

Case C-218/94 [1995] ECR 1-1089 Gudgment given on 5 May  1995) and Case 
C-260/94  [1995] ECR 1-2603 (judgment  given on  11 August 1995). 

43 

2.2.4.4. 

Financial  services 

Dialogue with  the  national authorities 

As  a  means  of  consolidating  administrative  cooperation  and  resolving 
problems  quickly,  the  Commission  maintained  regular  contacts  with  the 
national  authorities  through  institutional  committees  (Banking  Advisory 
Committee,  Insurance  Committee,  UCITS  -  Undertakings  for  Collective 
Investment  in  Transferable  Securities  -  Contact  Committee),  ad  hoc 
interpretation  groups  (the  banking  Directives  group,  the  insurance  group 
and  the  capital  adequacy  Directive  group,  etc..)  and  high-level  working 
parties  (HLSSC  -  High-Level  Security  Supervisors  Committee  -  for 
negotiable  securities). 

Article  169 letters and reasoned opinions 

- 

- 

the 

insurance  field, 

the  Commission 
new  proceedings.  In 
commenced infringement  proceedings in 13 new cases for breaches 
of  Articles  52  and  59  of  the  Treaty  and  directives  (six  cases 
following complaints and seven detected by the Commission itself). 
In  the  banking  sector  the  Commission  opened  four  proceedings 
(two  based  on  formal  complaints  and  two  detected  on  its  own 
initiative)  and  shelved  five  complaints  without  taking  further 
action. It is worth noting that the number  of proceedings  formally 
commenced  in  1995 was considerably  higher  than  in  1994; 

reasoned opinions.  Many  infringement  proceedings  have  reached 
the  reasoned  opinion  stage. Most  of them  (though  not  all,  as  will 
be seen) are concerned with failure to notify  national  implementing 
measures  in the  insurance field. 

The following  cases are particularly  noteworthy 

- 

- 

Luxembourg  was  sent  a  reasoned  opinion  for  failing  to  bring  its 
legislation  on  insurance  brokers  into  line  with  Article  59  of  the 
Treaty. The main point at issue is that the Luxembourg  legislation 
requires  directors,  general  representatives,  inspectors,  agents  and 
brokers  and  any  other  person  performing  insurance  operations  to 
thereby  effectively  preventing 
be  resident 
individuals  from  exercising  the  freedom  to  provide  services; 

in  Luxembourg, 

as  regards  the  transposai of  Directives  in  the  insurance  field, 
infringement  proceedings  are  in  progress  against  Spain,  Ireland, 
and  Greece  for  failure  to  notify  measures  implementing  Directive 
91/3 71/EEC  (Agreement  with  Switzerland)  and  against  Italy, 
Belgium, Greece and Spain for failure to notify  measures in respect 
of  Directive  91/674/EEC  (annual  and  consolidated  accounts  of 
insurance  undertakings); 

44 

- 

- 

- 

its 

turning to banking, the Commission sent two reasoned opinions to 
implementing  Directives 
legislation 
Germany  because 
92/121/EEC (large exposures of credit institutions) and 92/30/EEC 
(consolidated  supervision)  did  not  come 
into  effect  until 
31 December  1995, i.e. respectively two and three months after  the 
deadline  for  transposai; 

although  most  Member  States  have  already  notified  national 
measures  implementing  Directives  92/49/EEC  and  92/96/EEC 
(third  non-life  and  life  assurance  Directives),  this  does  not  mean 
that  transposai  or  application  is  perfect.  In  several  cases  the 
national  legislation  is  incomplete  or  incorrect.  For  example,  in 
legislation  which 
December  1995  Spain  notified  framework 
transposes  only  part  of  Directives  90/232/EEC,  91/371/EEC, 
91/674/EEC, 90/618/EEC (vehicle insurance), 90/619/EEC (second 
life assurance Directive), 92/49/EEC and 92/96/EEC. Consequently, 
none  of the infringement  proceedings  in motion  against  Spain has 
been  terminated; 

finally, 

the  Commission  terminated  cases  against  various  Member 
States  for  failure  to  notify  measures  implementing  the  following 
Directives  -  91/308/EEC  on  money  laundering  and  90/619/EEC 
(Ireland),  91/371/EEC,  92/96/EEC  and  92/49/EEC  (Belgium), 
92/96/EEC  and  92/49/EEC  (Italy,  Luxembourg  and  Ireland), 
91/674/EEC 
and 
91/308/EEC  and  92/30/EEC  (Greece). 

(Denmark,  Luxembourg 

and  Germany) 

The  Court  has  not  yet  given  judgment  in  the  action  brought  by  the 
Commission  against  Italy  concerning 
financial 
intermediaries/33* 

the  SIM  Act  on 

In  a  judgment  given  on  14  November  1995,  the  Court  found  that  the 
Luxembourg  legislation  whereby  interest  subsidies  on  building  loans  are 
available  only  if the  loan  is given by a credit  establishment  accredited  in 
Luxembourg  was  incompatible  with  Community  law.(34) 

Greece  was  condemned  by  the  Court  for  failing  to  transpose  Directives 
90/618/EEC,  90/619/EEC  and  88/357/EEC  (2nd  non-life 
insurance 
Directive).(35) 

Spain has still not implemented judgments  given by the Court  in  1994 for 
failure to transpose Directives 90/618/EEC, 90/619/EEC and 90/232/EEC. 

Finally, on  10 May  1995 the Court gave a preliminary  ruling  in an action 
between  a Dutch  firm  and  the Netherlands.  The  Court  held  that  national 

(33) 
(34) 
(35) 

See  10th,  11th and  12th  Reports. 
Case  C-484/93,  see  12th Report  (1994). 
Joined  Cases  C-l 09/94,  C-209/94  and  C-225/94  Gudgment  given  on 
29 June  1995). 

45 

legislation  prohibiting  the  practice  of  cold  calling  in  order  to  protect  the 
confidence  of  investors  in the national  market was  not  incompatible  with 
Article  59 of the Treaty.(36) 

Cases before the Court 

The Commission  submitted  its comments in connection with two requests 
for  preliminary  rulings. 

The first case (C-238/94) concerns the application of Directive 92/49/EEC 
to  insurance  incorporated  in  a  legal  social  security  scheme.  The  second 
(C-222/95) concerns a Member State's right, before the entry into force of 
the second banking Directive (89/646/EEC), to require a Community credit 
establishment  already  accredited  in  its country  of  origin  to  obtain  further 
accreditation  in  order  to  enjoy  the  freedom  to  provide  services  on  its 
territory. 

Progress in implementing directives  applicable to financial 

2.2.4.5. 
services 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.12.1995 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 

Directives  for  which 
measures  have been 
notified 
39 
40 
40 
33 
34 
40  • 
40 
38 
40 
41 
39 
41 
40 
39 
41 

% 

90 
93 
93 
16 
SO 
93 
93 
88 
93 
95 
90 
95 
93 
90 
95 

Note:  this  table  concerns  Directives  64/225,  72/166,  73/183,  73/239, 
77/92,  77/780,  78/473,  79/267,  79/279,  80/390,  82/121,  84/5,  84/641, 
85/611,  86/635, 87/343, 87/344,  87/345, 88/220,  88/357, 88/627, 89/117, 
89/298,  89/299, 89/592,  89/646,  89/647, 90/211,  90/232, 90/618, 90/619, 
91/308, 91/371, 91/633, 91/674, 92/30, 92/49, 92/96, 92/121, 93/6, 93/22, 
94/7, 94/19. 

(36) 

Case C-389/93 [1995] ECR 1-1141, see  12th Report (1994). 

46 

2.2.5.  Free movement of capital 

Commission monitoring of the situation regarding the movement of capital 
within  the  Union  showed  that  the  situation  in  this  area  is  basically 
satisfactory.  Community  law  has  been  transposed  by  all  Member  States 
and transitional  derogations  have  lapsed. 

There  is  evidence  that  economic  agents  are  taking  advantage  of  the 
elimination  of restrictions  on the  movement  of capital  and  the  increasing 
openness  of  Member  States'  financial  markets.  Cross-border  flows  of 
capital  within  the  Union  as  well  as  capital  flows  vis-à-vis  non-member 
countries  have risen considerably  in  recent years. 

While  the  basic  legislative  texts  have  been  in  place  for  quite  some time, 
there  remain  a  number  of  impediments  to  the  free  movement  of  capital. 
Although, in most cases, they do not take the form of outright restrictions, 
their impact on effective  capital mobility and financial  integration may be 
important.  Such  impediments  can  take  the  form  of  conditions  for  the 
admission  of  securities  to  domestic  capital  markets,  constraints  on 
investment,  provisions  in privatization  laws  designed  to  maintain  control 
over  privatized  companies  and  constraints  on  investment  abroad  by 
institutional  investors  which  are not justified  by prudential  rules. 

Action has been taken by the Commission  to eliminate such  impediments 
both  by  consulting  with  the  Member  States  concerned  and,  where 
necessary,  by  sending  letters  of  formal  notice  to  national  authorities. 
Where no remedial action was taken, the Commission has proceeded to the 
next  stage  of  infringement  proceedings,  the  reasoned  opinion.  Reasoned 
opinions have been addressed  to the following  Member  States:  Germany, 
concerning  the  prohibition  on  acquisition  of  Federal  savings  bonds  by 
foreigners,  Italy,  concerning  the  prohibition  on  the  physical  export  of 
means of payment above LIT 20 million, Portugal, concerning  restrictions 
on  the  participation  of  foreigners  in  privatized  companies  and  Spain, 
concerning authorization  requirements for the physical export of means of 
payment  for  amounts  exceeding  PTA  5 million. 

The Treaty on European Union introduced a new regime regarding  capital 
movements  and payments.  With effect  from  1 January  1994, Articles  73b 
to  73g  of  the  new  Treaty  (Chapter  4  -  Capital  and  Payments)  replaced 
Articles  67 to  73. The  freedom  of  capital  and  payments  is now a directly 
applicable right and secondary  legislation is no longer necessary. The new 
regime  also extends the  obligation  to  liberalize  to  non-member  countries, 
with  limited  exceptions. 

47 

This  year  the  Court  of  Justice  gave  the  following  rulings  directly 
concerning  capital  movements: 

- 

Bordessa and Mellado (Joined  Cases 358/93 and 416/93, judgment 
given  on  23 November  1995) 

The Court ruled that an authorization requirement  for the export of 
means of payment  would  cause the exercise of the free movement 
of  capital  to  be  subject  to  the  discretion  of  the  administrative 
authorities and thus render that freedom  illusory. It might therefore 
have  the  effect  of  impeding  capital  movements  carried  out  in 
accordance  with  Community 
law.  In  contrast,  a  declaration 
requirement  would  allow  national  authorities  to  exercise  effective 
supervision  in  order  to  prevent  infringements  of  their  laws  and 
regulations  without  impeding  the  free  movement  of capital; 

- 

Sanz  de  Lera, Diaz  Jimenez,  Kapanoglu  (Joined  Cases  163/94, 
165/94 and  250/94, judgment  given  on  14 December  1995) 

In  line  with  its  ruling  in  Bordessa,  the  Court  stipulated  that 
authorization  requirements  for  the export  of means of payment to 
non-member  countries  are incompatible with the provisions of the 
Treaty  on the free  movement of capital. The ruling also confirmed 
the  direct  applicability  of  Treaty  provisions  on  capital  and 
payments; 

- 

Svensson  (Case C-484/93, judgment  given on  14 November  1995) 

The  Court  held  that  provisions  implying  that  a  bank  must  be 
established  in  a  Member  State  in  order  for  recipients  of  loans 
residing  in  its  territory  to  obtain  an  interest-rate  subsidy from the 
State  out  of  public  funds  are  liable  to  dissuade  those  concerned 
from  approaching  banks  established  in another  Member State, and 
therefore  constitute  an obstacle to the movement of capital such as 
bank  loans.  They  are  also  incompatible  with  Treaty  articles  on 
freedom  to  provide  services. 

Article  104 (monetary financing) 

Article  104 of the Treaty  deals  with the prohibition  of direct central bank 
financing  to  the  public  sector.  Overdraft  facilities  or  any  other  type  of 
credit  facility  with  central  banks  in  favour  of  Community  institutions or 
Member  States'  authorities  and  other  bodies  governed  by  public  law are 
prohibited,  as  is  the  direct  purchasing  of  debt  instruments  from  these 
authorities. 

Council  Regulation  (EC)  No  3603/93,  which  entered  into  force  at  the 
beginning  of  Stage  II  of  EMU  (1  January  1994),  further  specifies  the 
content  of Article  104. It  states,  inter  alia, that  stocks  of debt existing on 
31  December  1993  with  a  fixed  maturity  may  be  carried  over  and that 
central banks can purchase  government  debt instruments on the secondary 

48 

market.  Furthermore,  it  provides  for  limited  exemptions  for  certain 
practices  implying  central  bank  financing  such  as  intra-day  credit, 
collection  of cheques issued by third parties to the public sector's  account, 
the  holding  of  a  limited  amount  of  coins,  or  credits  in  the  fulfilment  of 
international  monetary  obligations. 

Concerning  the  implementation  of these  provisions,  due to the  short  time 
between  the  entry  into  force  of  the  Treaty  on  European  Union  in 
November  1993  and  the  beginning  of  Stage  II  of  EMU  in  January  1994, 
some Member  States had  not adjusted  their  legislation  at the beginning  of 
Stage  II.  In  the  meantime,  however,  the  Member  States  have  complied 
with Article  104 and Regulation  (EC) No  3603/93, except for  some minor 
technical  adjustments  still  pending. 

Article  104a (privileged access) 

Article  104a  concerns  the  prohibition  on  privileged  access  of  the  public 
sector to financial institutions. Privileged access is the availability of  funds 
from  financial  institutions to  the  public  sector  at conditions  not  available 
in  a  free  market.  The  purpose  of  prohibiting  it  is  to  submit  the  public 
sector  in  its  borrowing  behaviour  to  the  same  constraints  as  the  private 
sector. Council Regulation  (EC) No  3604/93 specifying  the definitions  for 
the  application  of  the  prohibition  entered  into  force  on  1 January  1994. 
Terms specified  therein  include privileged access, public-sector  prudential 
considerations  and  financial  institutions. 

Privileged  access  to  financial 
institutions  goes  beyond  the  simple 
obligation  to  acquire  or  hold  public-sector  liabilities.  Indirect  measures 
such as tax or financial advantages targeted at financial institutions and not 
compatible  with  the  principles  of  a market  economy  are  also  forbidden. 

At  present,  there  are  no  particular  cases  of non-compliance  pending. 

2.2.6.  Company  law 

Apart  from  the cases  listed  below  where  no measures  have been  notified, 
and  a  few  problems  with  incorrect  -implementation,  the  seriousness  of 
which  has  still  to  be  determined,  no  particular  difficulties  have  arisen  in 
the transposai  of  directives  in this  field. 

The  Commission  has  brought  an  action  against  Germany  for  incorrect 
application of Directives 68/151/EEC (companies register) and 78/660/EEC 
(annual  accounts).'About  90%  of  German  private  limited  companies  are 
refusing  to publish  their  accounts  by depositing  them with the  companies 
register,  as  required  by  the  Directives  and  the  German  legislation 
transposing  them. 

The  Commission  has  commenced  another  action  in  the  Court  against 
Germany  for  failure  to  notify  national  measures  implementing  Directive 

49 

90/605/EEC (amending the scope of the Directives on annual accounts and 
consolidated  accounts). 

Reasoned opinions were sent to Greece, Ireland, Portugal and Luxembourg 
for failure to notify  national measures implementing Directive 92/101/EEC 
(amending  Directive  77/91/EEC  on  the  capital  of  public  limited  liability 
companies). 

Progress in implementing directives applicable to company 

2.2.6.1. 
law 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED KINGDOM 

Directives 
applicable  on 
31.12.1995 
12 

12 n 

12 
\2 
12 
12 
12 
\2 
Y2 
12 
12 
12 
12 
12 

Directives  for  which 
measures  have  been 
notified 
12 
12 
11 
11 
12 
12 
11 
11 -
11 
12 
1 
11 
1 
11' 
12 

% 

100 
1ÔÔ 
92 
92 
100 
100 
92 
100 
92 
100 
8 
92 
8 
100 
10Ô 

Note:  this  table  concerns  Directives.  68/151,  77/091,  78/660,  78/855, 
82/891,  83/349,  84/253, 89/666,  89/667,  90/604,  90/605; 92/101. 

Directive  82/891/EEC  does  not  apply. 

2.2.7.  Intellectual  and industrial  property 

Only one directive has been adopted  in this field  - Directive  89/104/EEC 
on  trade  marks.  Under  its  provisions  the  registration  of  a  trade  mark 
confers  on  its owner  exclusive  rights  allowing  him to prohibit  its use  for 
commercial  purposes  by  a third  party  without  his  consent. 

The harmonization  of Member  States'  legislation on national t±ade marks 
is not comprehensive,  but confined  to certain aspects which have a direct 
impact on the functioning  of the internal market. Outside these harmonized 
fields, 
to  lay  down 
arrangements  best  suited  to their  traditions. 

the  Member  States  retain  complete  freedom 

50 

The scope of harmonization  is defined  by the Directive as follows: 

Registered  trade  marks  only:  arrangements  for  protecting  trade 
marks resulting from  usage are left  up to the Member States. 

All  categories  of  registered  trade  marks  recognized  by  national 
legislation:  trade  marks  in  respect  of  products  or  services, 
individual  trade  marks,  collective  marks  and  guarantee  or 
certification marks. This does not mean that the Member States are 
required to introduce these various categories of trade marks into 
their  legislation. 

Trade  marks  which  have  been  registered  under  international 
arrangements  but have effect  in the Member States. 

The Directive covers only substantive law on registered trade marks; none 
of its provisions  is aimed at harmonizing procedures. 

The  deadline  for  transposai  was  initially  28  December  1991, but  was 
extended until 31 December  1992. 

Ten  Member  States,  including  Austria,  Finland  and  Sweden,  have 
transposed the Directive. The Spanish authorities notified the Commission 
of transposai even before  the Directive had been adopted. 

Despite the relatively generous deadline, four Member States have still not 
notified national implementing measures: Belgium, Luxembourg, Ireland 
infringement 
and  the  Netherlands.  The  Commission 
proceedings  accordingly. 

is  pursuing 

There are other serious problems with the Benelux countries: the "uniform 
Benelux legislation" does not establish the principle of "confusion",  a vital 
prerequisite for commencing an action for  infringement  if a similar trade 
mark is used on the market. 

Copyright and related rights 

In November 1995 Greece enacted legislation to comply with Community 
law  in response  to  infringement  proceedings  for  incorrect transposai  of 
Directive  87/54/EEC  on  the  legal  protection  of  topographies  of 
semiconductors.  Luxembourg has remedied  its failure  to adopt measures 
implementing Directive 91/250/EEC on the legal protection of computer 
programs. All the Member States have now transposed  the Directive. 

Directive 92/100/EEC (lending right and certain rights related to copyright 
in the intellectual property field) requires Member States to give effect  to 
its  provisions  by  1 July  1994.  However,  Ireland,  Luxembourg,  the 
Netherlands, Portugal and the United Kingdom have yet to incorporate it 
into  national  law.  Consequently,  the  Commission  has  commenced 
infringement  proceedings  against all five States. 

51 

The deadline for transposing Directive 93/83/EEC (coordination of certain 
rules  on  copyright  and  related  rights  applicable  to  satellite  broadcasting 
and  cable  retransmission)  expired  on  1 January  1995.  Only  Belgium, 
Denmark,  Spain,  Finland  and  Sweden  have  adopted  the  requisite 
measures;  the  Commission  has  sent  Article  169  letters  to  the  other 
Member  States. 

Directive  93/98/EEC  on  the  term  of  protection  of  copyright  and certain 
related  rights  requires  the  Member  States  to  give  effect  to its provisions 
by  1 July  1995.  Implementing  measures  have  been  adopted  in Belgium, 
Denmark,  Germany,  Spain,  Greece,  Ireland,  Finland  and  Sweden.  The 
Commission has taken appropriate action against the other Member States. 

Progress 
2.2.7.1. 
intellectual  and  industrial  property 

in 

implementing  directives  applicable  to 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.12.1995 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 

Directives  for 
which  measures 
have  been  notified 
5 
6 
5 
5 
6 
4 
3 
4 
2 
2 
4 
3 
6 
6 
3 

% 

83 
iôô 
S3 
83 
iôô 
67 
50 
61 
33 
33 
61 
50 
iôô 
100 
5ô 

Note:  this  table  concerns  Directives  87/54,  89/104,  91/250,  92/100, 
93/83,  93/98. 

2.2.8.  Public  procurement 

Now that the new consolidated  directives  in  1994 (Directives  93/36/EEC 
(supplies),  93/37/EEC 
(excluded  service 
sectors(37))  are  in  force,  it  should  be  much  easier  for  the  Commission  to 
monitoring  their  application,  to  which  it  will pay  the  fullest  attention. 

(works)  and  93/38/EEC 

(37) 

Water,  gas  and  electricity. 

52 

Twelve  Member  States  failed  to  meet  the  deadlines  of  14  June  and 
1  July  1994 respectively  for  the  transposai  of  Directives  93/36/EEC  and 
93/38/EEC  (in  the  latter  case  Greece,  Portugal  and  Spain  were  allowed 
longer  periods,  as  for  Directive  90/531/EEC).  There  are  also  serious 
delays  in  the  implementation  of  some  older  directives,  in  particular 
92/50/EEC  (services)  and  92/13/EEC  (review  procedures  in  excluded 
sectors). 

The  Commission  handled  26  infringement  cases  concerning  failure  to 
notify  national implementing measures.  Scrutiny of measures which  were 
notified  revealed  14  new  infringement  cases  for  incorrect  transposai, 
bringing  the  total  number  of  cases  pending  in this  category  to  30.  Some 
of  these  cases  involve  questions  of  principle  which  could  undermine  the 
liberalization of public contracts awarded in the Member States concerned. 

The  situation  regarding  Directive  92/50/EEC  is  frankly  alarming:  five 
Member  States  (Belgium,  Germany,  Greece,  France  and  Austria)  have 
failed  to notify  national implementing measures and there is little prospect 
of  them  adopting  legislation  in the  near  future. 

The  Commission  pursued  its  scrutiny  of  measures  relating  to  earlier 
directives  (Directives  89/440/EEC  (works)  and  88/295/EEC  (supplies), 
both  of  which  have  been  amended):  on  11 August  1995  the  Court  of 
Justice  gave  judgment  in  an  action  brought  by  the  Commission  against 
Germany  (Case  C-433/93). 

It also stepped up its monitoring of the practical application by the various 
awarding  authorities  in  each  Member  State  and  continued  its  work  of 
processing complaints and cases detected by its own investigations relating 
to  suspected  infringements  of  directives  and  Treaty  articles  on  public 
procurement.  These  have  increased  by  50%  in a year,  no doubt  because 
the application  of the directives  is gradually  being extended  and the  most 
recent  ones  have just  entered  into  force. 

Of  the  238  cases  processed  this  year  (including  97  new  cases),  the 
Commission  was  able  to  settle  38  without  having  to  let  infringement 
proceedings  run  their  full  course.  To  this  end,  procedures  have  been 
established  for  dialogue  and  consultation  (in  particular  through  package 
meetings),(38) whereby  Member  States are offered  any  legal and  technical 
assistance they require and agreement can be sought on possible  solutions 
to  outstanding  disputes  which  conform  to  Community  law. 

A  few  of  these  cases  deserve  special  mention: 

In  one  Member  State  two  local  authorities  had  issued  contract 
transport 
notices  concerning 
systems,  specifying  that  contractors  must  be  members  of  the 
national transport  organization  and that its employees  must have a 

introduction  of  specialized 

the 

(38) 

See  also  Section  2.2.1.1. 

53 

level of training corresponding  to the requirements laid down by 
that  organization.  These  two  requirements  are  contrary  to 
Article 59 of the Treaty and Directive 92/50/EEC, as they reserve 
contracts  for  national  firms.  They  were  abolished  by  a  notice 
published  by the Commission in the Official  Journal. 

Under the legislation of another Member  State, contractors  were 
required  to  accept  a  reduction  in  remuneration  during  the 
performance  of  a contract  or face  the prospect  of termination of 
the contract or exclusion from other contracts. The legislation also 
provided  that  in  future  all  public  contracts  would  be  subject  to 
maximum reference prices. Since these measures would breach the 
general principles  of proportionality,  legitimate  expectations  and 
the  public 
non-discrimination  and  various  provisions  of 
procurement directives,  the Commission took the matter up with 
the national authorities, which agreed to suspend the application of 
the disputed rules and later repealed them and replaced them with 
new arrangements  consistent with Community law. 

In  a  third  Member  State  a  public  hospital  had  launched  an 
invitation  to  tender  for  the  supply  of  oil.  At  the  award  stage  it 
rejected  the tender of one supplier on the grounds that he had not 
submitted  certificates  concerning  the  manufacturers  from  whom 
supplies  were  obtained.  Although  there  was  no  breach  of 
Article 30  in  this  case,  as  the  firm  supplying  the  supplier  was 
established in the State of the awarding authority, the rejection of 
the tender at the appraisal stage contravened the distinction drawn 
by the directives between the different  stages in the procedure  for 
awarding  contracts  (selection  and  award  stages).  After  being 
contacted by the Commission, the national authorities undertook to 
adopt appropriate general measures to ensure that the problem does 
not recur  in  future. 

Four important cases decided by the Court of Justice are outlined below: 

Commission  v Netherlands ,(39) 

On the question of the admissibility of the Commission's action, the Court 
ruled for the first time on the possible effect  of the procedure provided for 
in  Article  3  of  Directive  89/665/EEC  (review  procedures)  on  the 
application of Article  169 of the Treaty. It held that the special procedure 
under  Directive  89/665/EEC  is a preventive  measure  which can neither 
derogate from nor replace the Commission's powers under Article 169 of 
the  Treaty.  That Article  gives  the  Commission  discretionary  power  to 
bring an action before  the Court where it considers that a Member State 
has failed to fulfil  one of its obligations under the Treaty and that the State 
concerned  has  not  complied  with  the  Commission's  reasoned  opinion 
(paragraph  13 of the grounds). 

(39) 

Judgment  given  pn  24  January  1995. 

54 

As  regards  the  substance  of  the  case,  the  Court  held  that  the  contract 
notice  must  contain  information  on  the  opening  of  tenders  and  on  the 
persons  authorized  to  attend  that  opening,  as  such  information  enables 
potential suppliers to discover the identity of their competitors and check 
whether they meet the selection criteria  (paragraph 20 of the grounds). 

Referring  to  previous  judgments,  it  also  stated  that  failure  to  add  the 
words "or equivalent" after a technical specification defined by reference 
to a particular  trade mark constituted  a breach of the supplies  Directive 
and of Article 30 of the Treaty. 

Framework  agreement for 
(Commission  v  Greece)m 

the  supply  of  dressing material 

As  regards  the  admissibility  of  the  action,  the  Court  held  that  the 
Commission had not breached the principle of equal treatment and noted 
that,  in any event,  if the Commission were always bound to satisfy  itself 
with mere undertakings by the Member States to abide by Community law 
in  future,  this  would  provide  the  Member  States  with  an easy  way  of 
protecting themselves against proceedings under Article 169 of the Treaty 
(paragraph  10 of  the  grounds).  The Court  also  reiterated  that  Directive 
89/665/EEC  could  neither derogate  from  nor  replace  the  Commission's 
powers under Article  169 (paragraph  11 of the grounds). 

With  regard  to  the  substance  of  the  case,  the  Court  rejected  the 
interpretation according to which a framework  agreement concluded with 
six different  firms  is no more than a structure within which the value of 
each  contract  must  be  taken  into  account  separately  with a view  to  the 
application  of  the  Directive  (paragraphs  13 and  14 of  the  grounds).  It 
held that the framework contract turned into a whole the various contracts 
which it governs and that the total value of those contracts must be taken 
into account (paragraph  15). 

Finally,  the Court  stressed  that even if  it were proven that only  the  six 
producers party to the framework  agreement could supply the products in 
question,  this fact  would not constitute  one of the circumstances  which, 
under  the  Directive,  allows  the  use  of  a  negotiated  procedure  before 
advance publication of a notice. 

Public works contracts  (Commission  v.  Italy)(*l) 

The  Court  was  asked  to  assess  the  legitimacy  of  awarding  by  direct 
agreement a public contract for the construction of two sections of a road, 
much  of  which  had  already  been  completed.  Confirming  its  strict 
interpretation  of  the  provisions  authorizing  derogations  from  the  rules 
intended to ensure that the rights conferred  by the Treaty are  effectively 
applied in public procurement,  the Court held that to justify  the use of a 

(40) 
(41) 

Judgment  given  on  4  May  1995. 
Judgment  given  on  18 May  1995. 

55 

direct agreement, the awarding authority would have to prove not only the 
existence  of  "technical  reasons",  interpreted  in a restrictive  manner,  but 
also  that  these  technical  reasons  made  it  absolutely  essential  that  the 
contract  be  awarded  to  the  firm  chosen. 

Public  works  and  supply  contracts  (Commission  v  Germany)i42) 

When the deadline  laid down  in the reasoned  opinion expired,  Directives 
89/440/EEC  (coordination  of  procedures  for  the  award  of  public  works 
contracts) and 88/295/EEC (public supply contracts) had been incorporated 
by the German authorities only into admimstrative  instructions. The Court 
maintained its position in earlier judgments on directives: clear and precise 
provisions  of directives  have  the effect  of creating  rights for  individuals, 
who  may  rely  on  them  before  the  national  courts. 

Progress in implementing directives applicable to public 

2.2.8.1. 
procurement 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.12.1995 
11 
11 
11 
8  (3  derogations) 
9  (2  derogations) 
11 
11 
11 
11 
11 
11 
8  (3  derogations) 
11 
11 
11 

Directives  for  which 
measures  have  been 
notified 
6 
11 
8 
5 
7 
8 
11 
10 
11 
11 
7 
8 
11 
11 
10 

% 

55 
1ÔÔ 
73 
63 
7S 
73 
iôô 
9i 
iôô 
Iôô 
64 
IÔÔ 
iôô 
iôô 
91 

Note:  this  table  concerns  Directives  71/305,  89/440  (consolidated  by 
Directive  93/37/EEC),  77/62,  80/767,  88/295;  89/665,  90/531,  92/13, 
92/50,  93/36  and  93/38. 

(42) 

Judgment  given  on  11 August  1995  . 

56 

2.3.  Removal  of  tax  barriers 

2.3.1.  Direct taxation 

terminated 

The  Commission 
infringement  proceedings  against 
Luxembourg  regarding  the  absence  of  tax  relief  for  insurance  premiums 
paid to foreign  insurers. Like Germany,(43) Luxembourg has now extended 
the relief provisions  to  insurers from other  countries. 

the 

After  receiving  numerous  complaints,  the  Commission  looked  into  the 
taxing  of  second  homes  in  Spain.  Although  Spain  was  exercising  its 
sovereign  right  to  collect  taxes  under  its  own  fiscal  policy,  the 
Commission succeeded in persuading the Spanish authorities to abolish the 
requirement  in respect  of tax  representatives  and to  simplify  tax returns. 

The various  cases  of discrimination  against  non-residents  detected  by  the 
Commission  in  German  tax  legislation  were  nearly  all  settled  by  the 
annual Tax Act for  1996, which included amendments to take into account 
the judgment of the Court of Justice  in Schumacker (Case C-279/93)  and, 
in  particular, 
to  non-residents. 
Nevertheless,  the  Commission  regrets  that  it  had  to  wait  for  the  Court's 
decision  and  that  its  own  reasoned  opinions  had  no  effect.  Infringement 
proceedings  are  continuing  in  another  case  where  Germany  appears  to 
discriminate  in its application  of  a disabled  child  allowance. 

the  "splitting"  system 

to  extend 

In  the  field  of  company  taxation,  the  Commission  has  examined  the 
compatibility  of  national  measures  with  the  tax  Directives  90/434/EEC 
(mergers)  and  90/43 5/EEC  (parent  companies  and  subsidiaries),  drawing 
on a study conducted by the International Bureau of Fiscal Documentation 
in  Amsterdam.  The  Commission  has  submitted  an  interpretation  of 
Article  3(2) of Directive 90/43 5/EEC - period during which holdings must 
be  maintained  by  parent  companies  before  subsidiaries  may  claim 
favourable  treatment  under  the  Directive  -  in  three  cases  referred  to  the 
Court  of Justice  for  a preliminary  ruling  under Article  177 of the  Treaty: 
Cases  C-283/94  Denkavit,  C-291/94  VITIC and  C-292/94  Voormeer. 

(43) 

See  12th Report (1994). 

57 

2.3.1.1. 
taxation 

Progress  in  implementing  directives  applicable  to  direct 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED  KINGDOM 

Directives 
applicable  on 
31.12.1995 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 
4 

Directives  for  which 
measures have been 
notified 
4 
4 
4 
3 
4 
4 
4 
4 
4 
4 
4 
4 
3 
4 
4 

% 

100 
1ÔÔ 
1ÔÔ 
75 
1Ô0 
iôô 
Iôô 
IÔÔ 
Iôô 
100 
iôô 
100 
75 
100 
Iôô 

Note:  this  table  concerns  Directives  69/335, 77/799, 90/434, 90/435. 

2.3.2.  Indirect taxation 

A rticles 95 and 96 of  the Treaty 

Italy  was  sent  a reasoned  opinion  following  the confiscation  of  a  vehicle 
which  had  been  imported  into  and  used  in Italy  in  1992 in breach  of  the 
rules on the temporary import of vehicles from other Member States. Since 
such  a  penalty  is  disproportionate  and  has  no  equivalent  within  the 
country, it must be regarded as contrary to Article  95 of the EC Treaty, in 
accordance  with the case  law of the  Court  of Justice.(44) 

The  Commission  has  brought  an  action  before  the  Court  against  Greece 
concerning  legislation  on  second-hand  cars,  several  aspects  of  which 
(calculation  of base for  consumption  tax, registration  tax, failure  to  apply 
anti-pollution  incentives)  favour  the  domestic  market  to  the  detriment  of 
vehicles  imported  from  other  Member  States.(45) 

(44) 

(45) 

Case C-299/86  Rainer DrexI (judgment  given  on 25 February  1988) and Case 
C-276/91 Commission  v France (judgment  given on 2 August 1993). 
Case C-375/95. 

58 

Value-added tax 

Infringement  proceedings  have  been  commenced  against  Portugal  for 
failure to notify  national measures implementing Directive 94/5/EC on the 
special VAT arrangements applicable to second-hand  goods, works of  art, 
collectors'  items  and  antiques. 

initiated  against  Italy,  Portugal, 

Proceedings  have  also  been 
the 
Netherlands, Luxembourg, Belgium and France concerning the transposai 
of Directive 94/76/EC introducing transitional measures applicable to VAT 
in 
the  European  Union  on 
1  January  1995. 

the  enlargement  of 

the  context  of 

Six reasoned  opinions  were  sent this  year: 

- 

- 

- 

- 

- 

to Greece, for levying VAT on the amount of consumption tax paid 
by  individuals  purchasing  a  second-hand  vehicle  in  another 
Member  State  and  for  extending  to  sea  fishermen  the  flat-rate 
farmers scheme which, in principle, is applicable only to freshwater 
fishermen; 

to Italy, for  totally excluding the right to deduct VAT in the event 
of  the  purchase  of  a  building  by  a  taxpayer  together  with  a  non-
taxpayer:  under  the  6th  Directive,  VAT  should  be  deducted  on 
goods  used  for  taxable  transactions,  which  in  this  case  implies  a 
prior  calculation  of  the  proportion  of  the  goods  actually  assigned 
to  a taxable  activity; 

to the Netherlands, for continuing to exempt deliveries of industrial 
waste  from  VAT,  although  they  have  not  been  exempt  since 
1 January  1990; 

to  Spain,  for  introducing  a  15% value  threshold  above  which  the 
service of assembling goods is included  in the base for  calculating 
tax  on  deliveries  and  below  which  the  two  transactions  are  taxed 
separately.  In trade  between  Member  States  such a system  could 
result  in goods  being taxed  twice  or not  at all; 

to Portugal, for  limiting the benefit  of tax remissions on travellers' 
exports in the case of certain categories of highly-taxed or valuable 
goods,  and  imposing  a  special  model  tax  return  instead  of  a 
purchase  invoice. 

The  Commission  commenced  actions  in the  Court  of Justice  against: 

- 

Italy, for  a provision which fails  to exempt  from  VAT the  transfer 
of  goods  intended  solely  for  the  exercise  of  an  exempted  activity 
or  excluded  from  the right to deduction  (Case  C-45/95); 

59 

- 

Spain, for failing to observe the maximum six month time-limit  for 
the refund  of VAT to foreign  taxpayers  laid down in the  8th VAT 
Directive  (Case  C-l6/95). 

The Commission commenced  infringement  proceedings under Article  171 
of the Treaty against France for failing to implement the Court's judgment 
of  17 November  1993  concerning  VAT  on  certain  advertising  services 
(Case  C-68/92). 

Several  infringement  proceedings  were terminated  during  the  year: 

- 

- 

- 

- 

Portugal  abolished  its  increased  rate  of  VAT, which  was  contrary 
to the 6th Directive, and  ended the requirement  that taxpayers  not 
established  in the  country  must  use  a special  model  VAT  return; 

Italy  adopted  appropriate  measures  to  comply  with  the  8th  VAT 
Directive  on  refunds  to  foreign  taxpayers  and  with  the  Court's 
judgment  of  3 June  1992 (Case  C-287/91); 

Greece abolished VAT on the import of second-hand vehicles  from 
other  Member  States; 

complied  with 

Luxembourg 
of 
17 November  1993 concerning VAT on certain advertising services 
(Case  C-69/92). 

the  Court's 

judgment 

Excise duties 

The  Commission  has  commenced  proceedings  against 
the  United 
Kingdom,  Portugal,  Luxembourg,  Italy,  Ireland,  France,  Spain,  Greece, 
Germany, Belgium and Denmark for failure to notify measures transposing 
Directive 94/74/EC on the harmonization of the structures of excise duties 
on mineral  oils. 

60 

Progress  in implementing  directives  applicable  to  indirect 

2.3.2.1. 
taxation 

MEMBER 
STATE 

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND 
ITALY 
LUXEMBOURG 
NETHERLANDS 
AUSTRIA 
PORTUGAL 
FINLAND 
SWEDEN 
UNITED KINGDOM 

Directives 
applicable 
on  31.12.1995 
37 
37 
38 
37 
37 
37 
37 
37 
37 
37 
38 
37 
37 
37 
37 

Directives  for  which 
measures  have  been 
notified 
35 
36 
37 
36 
36 
35 
36 
35 
35 
36 
38 
34 
37 
37 
37 

% 

94.6 
97.3 
97.4 
97.3 
97.3 
94.6 
97.3 
94.6 
94.6 
97.3 
100 
91.9 
100 
iôô 
Iôô 

Note:  this  table  concerns  Directives  67/227,  69/169,  77/388,  78/1035, 
79/1070,  79/1071,  79/1072,  80/368,  83/181,  83/182,  83/183,  84/386, 
85/346,  85/576,  86/560,  88/331, 88/664,  89/219,  89/220,  89/465, 89/604, 
91/680,  92/12,  92/77,  92/79,  92/80,  92/81,  92/82,  92/83,  92/84,  92/108, 
92/111,  94/4, 94/5, 94/74, 94/75, 94/76, 95/59. 

61 

CONSUMER  PROTECTION 

1. 

INTRODUCTION 

The  rate  of  progress  in  notifying  measures  transposing  directives  in  this field  is 
much  the  same  as  last  year.  Some  Member  States  have  improved  their  record 
(Denmark,  Greece,  Spain,  Ireland  and  the  Netherlands),  but  the  situation  has 
deteriorated  in others (Belgium  and  Portugal). 

It is especially important that consumer protection directives be transposed quickly 
and  correctly,  since  failure  to  do  so may  compromise  the  interests  of  European 
consumers. 

It is worth  making a few  general  comments on the way Member  States go about 
transposing directives. Most of them do not adopt national implementing measures 
until  after  the  transposai  deadline  has  expired.  The  most  recent  Directives  -
93/13/EEC,  93/35/EEC,  93/47/EEC,  93/73/EEC  and  94/32/EEC  -  are  typical 
examples. Infringement  proceedings very often involve half of the Member States. 
National  implementing  measures  are  notified  only  in  response  to  the  reasoned 
opinion. 

2. 

SITUATION  SECTOR  BY  SECTOR 

2.1.  Cosmetics 

There  are  still  several  infringement  proceedings  in  hand  as  regards  the 
basic Directive (76/768/EEC). France has still  not amended its legislation 
transposing  the  Directive,  although  the  Court  of  Justice  gave judgment 
against it in May  1993 and an Article  171 warning letter was sent in 1995. 

the  recent  Directives 
Many  Member  States  are  behindhand  with 
93/35/EEC,  93/73/EEC  and  94/32/EEC.  This  is  all  the  more  difficult  to 
understand  as the  cosmetics  directives  are  primarily  technical  in  nature, 
little  room  for  manoeuvre. 
leaving  the  Member  States  relatively 
Consequently,  there  ought  not  to  be  any  particular  problems  with 
transposai. 

2.2.  Textiles 

The situation  regarding the textiles directives is satisfactory.  This is borne 
out by the infrequency  of  complaints  received  by  the  Commission. 

2.3.  Health  and  safety 

With regard  specifically  to Directive  92/59/EEC  (general  product  safety), 
for  which  the  deadline  for  transposai  was  29  June  1994,  five  Member 
States  have  yet  to  notify  their  national  implementing  measures  and 
infringement  proceedings are accordingly  in motion. This is a particularly 
important Directive, as it establishes a general  requirement  in Community 

62 

law  as  to  the  safety  of  all  products  marketed  for  actual  or  potential 
consumer  use  in  the  Community.  It  consequently  offers  an  excellent 
illustration  of  the  way  in  which  failure  to  transpose  in  several  Member 
States can jeopardize the consumer's fundamental  interest in preserving his 
health  and  safety. 

2.4. 

Protection  of economic  interests 

In  Joined  Cases  C-l78/94,  C-l79/94  and  C-l88  to  190/94  concerning 
Directive  90/314/EEC  (package  tours),  currently  before  the  Court  of 
Justice,  the  question  has  been  put  for  the  first  time  whether  failure  to 
transpose a consumer protection directive within the time allowed justifies 
application  of the rule laid  down by  the Court in Francovich.^  The rule 
is  that  in  certain  circumstances  a  Member  State  may  be  under  an 
obligation to compensate for damage sustained by an individual  as a result 
of the failure  to transpose. 

(46) 

Joined Cases C-6/90 and C-9/90 [1991] ECR 1-5357, judgment given on 
19 November 1991. 

63 

2.5. 

Progress in implementing directives applicable to consumer protection 
and  product  safety 

MEMBER 
STATE 

Directives 
applicable  on 
31.12.1995 

Directives  for 
which  measures 
have been  notified 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

NETHERLANDS 

AUSTRIA 

PORTUGAL 

FINLAND 

SWEDEN 

UNITED  KINGDOM 

52 

52 

52 

52 

52 

52 

52 

52 

52 

52 

52 

52 

52 

52 

52 

46 

50 

46 

45 

46 

46 

44 

45 

47 

49 

47 

44 

48 

49 

48 

% 

88 

96 

88 

86 

88 

88 

85 

86 

90 

94 

90 

85 

92 

94 

92 

Note:  This table  concerns  the  following  Directives: 
Cosmetics. 
76/768,  80/1335,  82/147,  82/368,  82/434,  83/191, 83/341, 83/496,  83/514, 
83/574,  84/415,  85/391,  85/490,  86/179,  86/199,  87/137,  87/143,  88/233, 
88/667,  89/174,  90/121,  90/207,  91/184,  92/8,  92/86,  93/35,  93/47,  93/73, 
94/32,  95/17, 95/34. 

Textiles: 
71/307,  72/276,  73/44,  79/76,  81/75, 83/623, 87/140, 87/184. 

Protection  of  economic  interests: 
79/581, 84/450, 85/577, 87/102, 88/314, 88/315, 90/88, 90/314, 93/13, 94/47. 

Safety  and  health: 
87/357,  88/378, 92/59. 

64 

COMPETITION 

1. 

INTRODUCTION 

The number of infringement  proceedings  commenced  against Member  States was 
appreciably  higher  than  in  1994. 

They  mainly  concerned: 

- 

- 

- 

telecommunications; 

airport  transit  assistance; 

access to  port  infrastructures. 

On  18 October  the  Commission,  in  the  absence  of  a  response  from  the  Italian 
authorities  to  the  reasoned  opinion  issued  in  1994  in  the  customs  agents  case, 
decided  to  refer  the case to the  Court  of Justice(47). 

2. 

SITUATION  SECTOR  BY  SECTOR 

2.1. 

Public  enterprises 

Greece  and  Italy  notified  measures transposing  Directive  90/388/EEC  on 
competition  in the  markets  for  telecommunications  services. 

All  the  Member  States  have  notified  measures  transposing  Directive 
94/46/CE  on  satellite  communications.  But  six  of  the  notifications  were 
incomplete. On 27 October the Commission accordingly issued Article  169 
letters for  failure  to notify  national  implementing  measures. 

Belgium  and  Greece  have  not  yet  transposed  Directive  93/84/EEC, 
amending Directive  80/723/EEC on the transparency  of financial  relations 
between  Member  States  and  public  undertakings.  If  the  Commission's 
approaches  to  these  two  Member  States  fail  to  produce  a  satisfactory 
solution,  it  reserves  the right to  refer  the  cases to the  Court  of Justice. 

Individual cases 

In the telecommunications field,  all the Member States except Luxembourg 
have designated  at least  two  GSM mobile  telephone  operators.  But when 
licensing a second operator,  some Member States imposed heavier burdens 
than  on  the  initial  public-sector  operator.  The  Commission  accordingly 
made  representations  to  the  Belgian,  Irish  and  Italian  authorities.  Ireland 
and Belgium then agreed to impose the same licence fee  as for the public-
sector  operator.  But  in  the  absence  of  a  satisfactory  commitment  by  the 
the  Commission  adopted  a  Decision  under 
Italian  authorities, 

(47) 

12th Report. 

65 

Article  90(3) EC, on 4 October, requiring them to take measures restoring 
the  equilibrium  between  the  private-  and  public-sector  operators. 

In  the  transport  field,  the  Genoa  port  case  deserves  attention.  On 
10 December  1991,(48)  the  Court  of  Justice  held(49)  that  the  Italian  ports 
legislation was incompatible with Community  law. It gave the Compagnia 
Unica Lavoratori  Merci Varie del Porto di Genova (CULMV) a monopoly 
on  port  services  at  Genoa,  which  enabled  it  to  demand  payment  for 
services  not  required,  to  charge  excessive  prices,  and  to  refuse  to  use 
modern  technologies.  Italy  has  since  ended  the  legal  monopoly  by 
reforming  its ports legislation.  But CULMV  has been  able to preserve  its 
monopoly position in practice thanks to the collusion of the Port Authority, 
which  refused  to  issue  the  necessary  operating  licences  to  its  potential 
competitors.  Acting  on  a  complaint  from  one  potential  competitor,  the 
Commission  declared  that  the  refusal  to  issue  the  requisite  licence  was 
unwarranted  and was tantamount to  preserving  a  situation  condemned  by 
the  Court.  It  consequently  put  the  Italian  State  on  notice  to  issue  the 
licence.  The  State  acted  in  accordance  with  the  Article  169  letter  within 
ten  days  and  CULMV  lost  the  monopoly  it  had  effectively  held  since 
1340.  A  second  enterprise  is  now  operating  port  services  in  Genoa  in 
competition  with  CULMV. 

There  was  another  noteworthy  case  in  the  same  area,  concerning  the 
system  of  discounts  on  landing  charges  at  Brussels  National  airport  at 
Zaventem. Discounts of up to 30% were available to airlines paying more 
than BFR  5 million  monthly.  British Midland  filed  a complaint  about the 
system, which dated from  a Royal Decree of 22 December  1989. It argued 
that  the threshold  for  eligibility  was so high  that only  the national  airline 
based in Brussels qualified  for the discount, which worked to the detriment 
of other Community  airlines. The Commission  considered that the system 
constitutes  a  State  aid  contrary  to  Article  90(1)  of  the  Treaty,  read  with 
Article  86. On 28 June, it adopted  an Article  90(3) Decision requiring the 
Belgian  authorities  to  end  the  discount  system.  The  Belgian  authorities 
have not yet complied  with the Decision  and  Article  169 proceedings  are 
in  motion. 

Lastly, the Commission commenced proceedings in respelt of the grant of 
exclusive  television  advertising  rights  to  a  private-sector  broadcasting 
company,  the  "* Vlaamse  Televisie  Maatschappij'  (VTM),  which  gave  it 
favourable  treatment  in  comparison  with  broadcasters  in  other  Member 
States  contrary  to Article  90(1)  read  with  Article  59 of the  Treaty. 

(48) 

(49) 

Case  C-l79/90  Merci  Convenzionali  Porto  di  Genova  SpA  v  Siderurgica 
Gabrielli SpA  [1991] ECR 1-5889. 
On  10 December  1991, ECR 1-5889. 

66 

2.2.  Monopolies 

Proceedings commenced in the Court of Justice in  1994 are still in motion 
against  Ireland,  the  Netherlands,  Italy,  France  and  Spain  concerning 
monopolies  on the  import  of gas and  electricity.(50) 

2.3. 

Progress  in  implementing  directives  applicable  to  competition 

MEMBER 
STATE 

Directives 
applicable on 
31.12.1995 

Directives  for  which 
measures have been 
notified 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

NETHERLANDS 

PORTUGAL 

AUSTRIA 

FINLAND 

SWEDEN 

UNITED  KINGDOM 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

4 

5 

5 

3 

4 

5 

4 

4 

5 

5 

4 

5 

5 

5 

5 

% 

80 

100 

100 

60 

80 

100 

80 

80 

100 

100 

80 

100 

100 

100 

100 

Note:  this  table  concerns  Directives  80/723,  88/301,  90/388,  93/84, 
94/46. 

(50) 

Cases C-156/94, C-157/94, C-158/94, C-159/94 and C-160/94 respectively. 

67 

EMPLOYMENT  AND  SOCIAL  POLICY 

1. 

INTRODUCTION 

On  12  April  1995,  the  Commission  adopted  its  medium-term  social  action 
programme (COM(95) 314 final). Building on the achievements of the 1989 social 
action  programme,  this  document  sets  out  the  Commission's  detailed  work 
programme in the field  of social policy for the period from  1995 to  1997. It is the 
third and the final  phase in a process which started  in  1993, with the launch of the 
Green Paper on the future  of social  policy, and continued  in  1994 with the White 
Paper  on European  social  policy.(51) 

The emphasis placed  in the White Paper on  social  policy  on the need to improve 
the level of application of Community  law in the social field  met with widespread 
support.  At its meeting  on 27 March  1995, the Council  affirmed  its  commitment 
to improve the  situation  in this regard.  The Commission  has clearly  stated  in the 
medium-term  social  action  programme that  it will  ensure that  Community  social 
legislation  is properly  and  fairly  transposed.  Action  will  also be taken  to  review 
legislation  in this field  regularly  so as to improve its efficiency  and  transparency. 

2. 

SITUATION  SECTOR  BY  SECTOR 

2.1.  Equal  treatment  of  men  and  women 

Infringement  proceedings  for  failure 
to  notify  national  measures 
implementing  Directive  92/85/EC  (protection  of  pregnant  workers  and 
workers  who  have  recently  given  birth  or  are  breast-feeding)  were 
commenced  against  seven  Member  States  (Belgium,  Germany,  Greece, 
France,  Italy,  Luxembourg  and  Portugal).  Portugal  subsequently  notified 
its transposai  measure. 

The  Commission  addressed  reasoned  opinions  to  three  Member  States 
(Belgium,  France and Italy) for  maintaining  national  legislation  imposing 
restrictions on night work by women that were incompatible with Directive 
76/207/EEC. 

On  16 May  1995  the  Commission  responded  to  the judgments  given  on 
28  September  1994  interpreting  the  Barber  judgment  -  as  regards  its 
effects  in  time  -  and  Article  119  of  the  Treaty  by  presenting  a  new 
proposal  for  a  directive  amending  Directive  86/378/EEC  on  equal 
treatment  for  men  and  women  in  occupational  social  security  schemes 
(COM(95)  186  final). 

The  purpose  of  this  proposal  is  purely  declaratory,  since  the  Member 
States  are  already  required  to  take  the  measures  needed  to  comply  with 
Article  119 of the  Treaty  as interpreted  by  the  Court  of Justice. 

(51) 

COM(94) 333, 27 June 1994. 

68 

The  Commission  is  planning  to  remind  the  Governments  of  all  the 
Member  States  of  their  obligations  under  that  Article  with  a  request  for 
notification  of the  requisite  measures  within  two  months. 

As  a  consequence,  the  infringement  proceedings  for  failure  to  notify 
national measures implementing Directive 86/378/EEC commenced against 
six  Member  States  (Belgium,  Denmark,  Greece,  Italy,  Luxembourg  and 
Netherlands),  which  were  suspended  pending  the judgments  given  on  28 
September  1994, have  now  lapsed. 

In  1995  the  Court  gave  preliminary  rulings  in  two  cases  concerning 
Directive  76/207/EEC  on  the  implementation  of  the  principle  of  equal 
treatment for men and women as regards access to employment, vocational 
training and  promotion,  and  working  conditions. 

In Meyers  (Case  C-l 16/94, judgment  given  on  13 July),  the  Court  ruled 
that  a  benefit  with  the  characteristics  and  purpose  of  family  credit  (an 
income-related  benefit  awarded  to  supplement  the  income  of  low-paid 
workers who are responsible for a child) falls within the scope of Directive 
76/207/EEC. 

In  Kalanke  (Case  C-450/93, judgment  given  on  17 October),  the  Court 
held that Articles  2(1)  and (4) of Directive  76/207/EEC preclude national 
rules which, where candidates of different  sexes shortlisted  for  promotion 
are  equally  qualified,  automatically  give  priority  to  women  in  sectors 
where they  are under-represented.(52) 

2.2.  Working  conditions 

Italy is the only Member  State that has yet to notify  measures to transpose 
Directive  91/533/EEC  on  the  employer's  obligation  to  inform  employees 
of the  conditions  applicable  to the  employment  contract  or  relationship. 

As  for  Directive  91/383/EEC  on  improvements  on  safety  and  health  at 
work  of  workers  with  a  fixed-duration  or  temporary  employment 
relationship,  four  Member  States  (Belgium,  Germany,  Greece  and  Italy) 
have  still  to  notify  the  Commission  of  their  national  implementing 
measures. 

2.3.  Health  and  safety  at work 

The  Commission  has  received  national  implementing  measures  from 
several  Member  States  which  were  late  in  transposing  Directives 
92/57/EEC  on  construction  sites  (Spain,  Greece,  Ireland,  Portugal  and 
United  Kingdom),  92/58/EEC  on  safety 
Ireland, 
Luxembourg  and Portugal),  92/91/EEC  on  drilling  equipment  (Denmark, 

(Greece, 

signs 

(52) 

See  Commission  communication  on  interpretation  of  the  judgment  (COM(96) 
88 final) and proposal for a Directive amending Directive 76/207/EEC (COM(96) 
93 final). 

69 

Greece  and  United  Kingdom)  and  92/104/EEC  on  mines  (Denmark  and 
United  Kingdom). 

Greece  notified  measures  transposing  Directive  89/391/EEC  (framework 
Directive) and the first five specific Directives. Belgium notified  measures 
transposing  Directive  89/656/EEC  (personal  protective  equipment). 

2.4. 

Public  health 

Luxembourg  and  the  Netherlands  met  their  obligation  to  transpose 
Directive  92/41/EEC  on  the  labelling  of  tobacco  products,  and  the 
infringement  proceedings  were  accordingly  terminated. 

2.5. 

Progress  in  implementing  directvies  applicable  to  employment  and 
social  policy 

MEMBER  STATE 

Directives 
applicable  on 
31.12.1994 

Directives  for  which 
measures have been 
notified 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 
FRANCE 

IRELAND 

ITALY 
LUXEMBOURG 
AUSTRIA 

NETHERLANDS 

PORTUGAL 

FINLAND 
SWEDEN 

UNITED  KINGDOM 

45 

45 
45 

44 

45 

45 

45 

45 
45 
45 

45 

45 

45 
45 

45 

34 

43 

39 

36 

30 

39 

40 

35 

42 
41 

43 

36 

45 
45 

41 

% 

76 

96 

87 

82 

67 
87 

89 

78 
94 
91 

96 

80 

100 
100 

91 

Note  : this table  concerns the following  Directives: 

Labour  law:  75/129,  77/187,  80/987, 91/383, 91/533, 92/56 
Equal  opportunities:'75/117.  76/207,  79/7,  86/378, 86/613, 92/85 
Free movement  of workers:  64/221,  68/360,  72/194 
Safety  and  health  at  work:  78/610,  80/1107,  82/130,  82/605,  83/477, 
86/188,  88/35,  88/364,  88/642,  89/391,  89/654,  89/655,  89/656, 90/269, 
90/270,  90/394,  90/679,  91/269,  91/322,  91/382,  92/29,  92/57,  92/58, 
92/91,  92/104,  93/88,  93/103 
Public health:  89/622,  90/239,  92/41. 

70 

AGRICULTURE 

1. 

INTRODUCTION 

In  monitoring  the  application  of  agricultural  rules,  the  Commission  focused  its 
attention on the Member State's implementation of production control mechanisms 
(particularly  in the  milk  sector),  their  compliance  with  Community rules  on the 
protection  of  descriptions  of  agricultural  products, the  end of government  price-
fixing  at  any  stage 
covered  by  a  market  organization  and  observance  of 
Community rules  on quality  standards. 

In  its  scrutiny  of  national  measures  implementing  agricultural  directives,  the 
Commission pursued the infringement  proceedings  against  France, Greece,  Italy 
and  Ireland,  where  there  are  substantial  delays  in  transposai,  notably  of  the 
internal  market  White  Paper  directives. 

2. 

SITUATION  SECTOR  BY  SECTOR 

2.1.  Markets 

In addition to its efforts  to eliminate barriers to freedom of movement, the 
Commission  also  sought  to  ensure  that  the  other  provisions  of  the 
Community's agricultural  legislation are effectively  and correctly applied. 

(a) 
In  monitoring  the  application  of  specific  market  organization 
mechanisms, the  Commission  continued to keep a close watch on the use 
of  production  control  mechanisms, particularly  in the milk  sector,  where 
it  conducted  a  systematic  analysis  of  national  measures  to  implement 
Regulations  (EEC)  Nos  3952/92  and 536/93. 

Infringement  proceedings  are  continuing  against  France  because  of  the 
discriminatory way in which it distributed the reference quantities released 
under  the scheme  for  the  cessation  of milk  production 

terms  on  which 

The 
is  made  are  considered 
discriminatory  because  the  quantities  to  be  redistributed  depend  on  the 
purchaser's cessation level. This practice has been condemned by the Court 
of  Justice on two  occasions. 

the  redistribution 

Furthermore,  under  the  Community  rules the  Member  States  are  obliged 
to  offset 
in  1990/91  by 
supplementary  allocations. 

the  linear  reduction  (2.15%)  occurring 

France  failed  to  respect  this  obligation;  although  it  gave  producers  the 
2.15% with one hand, it  took  away 2.35% with the  other. 

The  following  cases  arose  under  the  Community  rules  on  the 

(b) 
description  of  agricultural  products. 

71 

In  the  milk  sector,  proceedings  are  still  in  motion  against  the  British 
authorities for an infringement  of Regulation (EEC) No  1898/87 as regards 
the marketing of soya milk. Article  3 of that Regulation prohibits products 
other than milk or milk products from being described as  "* milk' ; the criteria 
for the preservation of the designation on an exceptional basis were clearly 
not met  in the  case  of  A soya  milk'  and the product  quite rightly did not 
appear  on the list  established  by  Commission  Decision  88/566/EEC. 

In  the  spirits  sector,  the  Commission  continued  its  proceedings  against 
France for allowing drinks containing a mixture of whisky and other spirits 
to be given a description containing the terms  A whisky* and  ^ spirit, e.g. 
^ whisky  spirif  or  ^ spirit  of  whisky  in  breach  of  Regulation  (EEC) 
No  1576/89. 

Following  the  adoption  of  Regulation  (EEC)  No  2675/94,  the  sale 
description  A spiritueux' or  ^ boisson spiritueuse' must be distinguished  from 
the  alcoholic ingredients in a list preceded by the terms  ** spiritueux issus 
d'un  mélange'  (mixed  spirit  drink).  France  has  yet  to take  the necessary 
steps to implement this  Regulation 

In  1995,  the  Commission  again  took  steps  to  end  the  system  of 
(c) 
minimum  prices  for  olive  residues  imposed  by  Italy  in  breach  of  the 
market organization for  oils and fats. The Court has consistently ruled that 
this  market  organization  is  comprehensive  and  does  not  permit  any 
unilateral  national  measures. 

(d) 
The  Commission  also  took  steps  to  secure  observance  of 
Community  rules  on  quality  standards  in  the  practical  application  of the 
rules governing  the  market  organizations. 

It remains  attentive to the  need  for  the  Italian authorities to adopt a truly 
deterrent scheme  of penalties for the application of the provisions enacted 
to  comply  with  the  judgment  given  by  the  Court  of  Justice  on 
16 February  1987 in  Case C-69/86  under  Article  171 of the EEC Treaty, 
censuring  Italy  for  failure  to  comply  with  the  earlier judgment given  on 
15 November  1983  in  Case  C-322/82  for  breach  of  the  rules  for  the 
enforcement  of  quality  standards in the  fruit  and vegetable  sector. 

The  12th Annual Report announced that, in view of the winding-up 
(e) 
of  the  United  Kingdom  Milk  Marketing  Boards,  1994  should be the last 
year  that  problems  of  compatibility  with  Community  legislation  would 
occur. 

Although  the  Boards  have  been  abolished  as  milk  trading  bodies, 
Residuary  Boards have been  set  up with non-commercial objectives  such 
as the  recovery  of debts  due  to the  MMB and the distribution of assets. 

In  the  exercise  of  their  functions  these  Boards  have  prompted  new 
complaints  from  producers  who  sold  skimmed  milk  outside  the  MMB 
scheme, which according to the judgment  given by the Court of Justice in 

72 

Case  C-40/92  must  be  regarded  as  contrary  to  the  Community  rules 
applicable  to the  Boards'  operation. 

2.2.  Harmonization 

Background 

There  has been a  slight  drop  in  the number  of infringement  proceedings 
for failure to notify national measures implementing agricultural directives 
(down by eight). The  situation has improved sharply as regards reasoned 
opinions (down to  26 in  1995 from 262 in  1994). 

These improvements in the  situation have not been accompanied by a fell 
in the number of referrals to the Court, as the Commission was obliged to 
refer  57 cases  of untransposed  directives  (34 in  1994). 

The  transposai  of  the  directives  referred  to  the  Court  is  very  often 
technically  complex,  reqiiiring  far-reaching  amendments  to  national 
legislation  or  deep-seated reforms  of  existing  structures. 

Situation  in Member States 

As  in  past  years,  Denmark  has  the  best  transposai  record.  Spain  and 
Luxembourg  have  made  a great  legislative  effort  and  caught up  most  of 
their  delays. 

The  transposai  of  Directive  90/66 7/E EC  (animal  waste)  is  the  only 
problem  in  the  Netherlands.  The  Commission  has  pursued  Article  171 
infringement  proceedings as the Dutch authorities have  failed  to adopt all 
the  measures  needed 
judgment  given  on 
17 January  1995 (Case  C-93/94).(53) 

to  comply  with 

the 

Article  171  infringement  proceedings  also  had  to  be  opened  against 
Belgium  for  failure  to  notify  national  measures implementing  Directives 
91/687/EEC  (swine  fever)  and  91/688/EEC  (imports  from  non-member 
countries) following  the judgment given by the Court on  19 January 1995 
(Case  C-66/94).(54) 

The  Commission  referred  to  the  Court  seven  cases  of  failure  to  notify 
measures implementing veterinary directives. Measures were subsequently 
notified  and the  Commission  was  able to withdraw its cases. 

In France delays in transposai  subsist in respect of seeds and seedlings and 
in the veterinary field. 

In Greece the situation continues to give cause  for concern, since some of 
the  important  internal  market  directives  have  not  been  transposed,  for 

(53) 
(54) 

Commission v Netherlands  [1995] ECR 1-77. 
Commission v Belgium  [1995] ECR 1-149. 

73 

example  Directives  92/5/EEC on meat products and 91/414/EEC on plant 
protection products. 

In Ireland problems subsist in the veterinary field. Despite a referral  to the 
Court in  1994, the necessary measures have still to be taken regarding the 
application  of the  directives  on the organization  of veterinary  inspections 
in  relation  to  fish,  and  in  1995  the  Commission  referred  a  further  ten 
untransposed  White  Paper  directives to the  Court. 

In  Italy  the  situation  deteriorated  appreciably  in  1995;  the  Commission 
referred  nineteen  untransposed  directives  in  a  variety  of  agricultural 
matters to the  Court. 

Portugal  has  made  great  progress  in  the  veterinary  field.  The  main 
subsisting  delays  in  transposai  concern  seeds  and  seedlings  and  animal 
feed  (particularly the  directives  on  official  controls). 

The general transposai situation in the United Kingdom is satisfactory,  but 
there  are some  delays in measures  for  Northern  Ireland 

Analysis by sector 

In  the  seed  and  seedling  sector  there  was  substantial  progress,  although 
there  are transposai  delays in  France,  Italy and  Portugal. 

The  only real problems regarding  animal  feed  arise  in Greece  and Italy. 

Greece  has  made  up  the  serious  delay  in  transposing  the  plant-health 
directives concerning harmful organisms. But the Commission is concerned 
about  its  persistent  failure  to  issue  national  measures  implementing 
Directive  91/414/EEC (plant  protection products). 

As in past  years the  transposai  of  the veterinary  directives is  a source  of 
considerable  difficulty,  particularly  in  Italy,  Ireland,  Greece,  France  and, 
to  a lesser  extent,  Belgium.  In most  of these  Member  States the pressure 
brought to bear has not  achieved its object  of securing transposai of some 
of the White  Paper  directives. 

Implementation  of  Directive  83/189/EEC  (technical  standards)  in 
agriculture 

In  1995, pursuant to Directive 83/189/EEC, the Commission examined 61 
draft  technical  regulations  notified  by the  Member  States in the  tight  of 
Article 30 of the Treaty and the relevant secondary legislation(55) In many 
cases,  after  systematic  analysis  of  the  drafts,  the  Commission  requested 
amendments  to  ensure  that  adoption  of the  regulations  concerned  would 
not create new barriers to the free  movement of goods.  Seven drafts gave 
rise  to  reasoned  opinions,  two  of  them  accompanied  by  supplementary 

<55> 

See Chapter 2.2.1.2. 

74 

observations;  five  others  gave  rise  to  observations  by  the  Commission. 
Generally  speaking,  Member  States  to  which  reasoned  opinions  or 
observations were addressed  made the requisite  changes to their  drafts. 

In  exercising  its  duty  to  monitor  the  implementation  of  Directive 
83/189/EEC, the Commission strives to ensure that Member States comply 
with  their  obligation  to  notify  all  draft  instruments  containing  technical 
rules or standards. After  scrutinizing  instruments  adopted by the  Member 
States in  1995, it  twice  commenced  infringement  proceedings  for  failure 
to observe  the notification  procedure. 

2.3. 

Progress in implementing  directives applicable to  agriculture 

MEMBER  STATE 

Directives 
apphcable  on 
31.12.1995 

Directives  for 
which measures 
have been  notified 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

NETHERLANDS 

AUSTRIA 

PORTUGAL 

FINLAND 

SWEDEN 

355 

355 

355 

355 

355 

355 

355 

355 

355 

355 

355 

355 

346  (9 derogations) 

348 (7 derogations) 

UNITED  KINGDOM 

355 

332 

352 

326 

311 

344 

328 

324 

302 

339 

348 

260 

315 

56 

299 

338 

% 

94 

99 

92 

88 

97 

93 

91 

85 

95 

98 

73 

89 

16* 

86 

95 

Note  : This table concerns the  following  Directives: 
Feedmgstuffc 
70/373,  70/524,  71/250,  71/393,  72/199,  72/275,  73/46,  73/47,  74/63, 
74/203,  75/84,  76/14,  76/371,  76/372,  76/934,  77/101,  78/633, 79/372, 
79/373,  79/797, 80/502, 80/510, 80/511, 80/695, 81/680, 81/715, 82/471, 
82/475,  82/937,  83/228,  83/381,  84/4,  84/425,  84/443,  84/587,  85/509, 
86/174, 86/299, 86/354,  86/530,  87/153, 87/234, 87/238, 88/485, 89/520, 
90/44,  90/167,  90/439,  91/126,  91/132,  91/248,  91/249,  91/334,  91/336, 
91/357, 91/508, 92/63, 92/64, 92/87, 92/88, 92/89, 92/95, 92/113, 93/26, 
93/27, 93/28, 93/55, 93/56, 93/70, 93/74, 93/107, 93/113, 93/114, 93/117, 
94/14, 94/16, 94/17, 94/39, 94/40,  94/41,  95/9, 95/10, 95/11. 

75 

Plant  health 
69/464,  69/465,  69/466,  74/647,  76/895,  77/93,  79/117,  79/700,  80/392, 
80/428,  81/7,  81/36,  82/528,  83/131,  85/298,  85/574,  86/214,  86/355, 
86/362,  86/363,  86/651, 87/181, 87/298,  87/477,  88/298, 88/572,  89/186, 
89/365,  89/439,  90/168,  90/335,  90/533, 90/642,  91/188,  91/414,  91/683, 
92/70,  92/76,  92/90,  92/98,  92/103,  92/105,  93/50,  93/51,  93/57,  93/58, 
93/71,  93/85,  93/106,  93/110,  94/3,  94/13,  92/29,  94/30,  94/37,  94/43, 
95/4,  95/40,  95/41. 

Seeds  and  plants 
66/400,  66/401,  66/402,  66/403,  68/193,  69/60,  69/61,  69/62,  69/63, 
69/208,  70/457,  70/458,  71/140, 71/162, 72/168, 72/169, 72/180,  72/274, 
72/418,  73/438,  74/268,  74/648,  74/649,  75/444,  75/502,  76/331, 77/629, 
78/55, 78/386,  78/387,  78/388,  78/511, 78/692,  78/816,  78/1020, 79/641, 
79/692,  79/967,  80/304,  80/754,  81/126,  82/287,  82/331, 82/859, 83/116, 
85/38,  86/109,  86/155,  86/267,  86/320,  87/120,  87/480,  87/481,  88/95, 
88/380,  89/2,  89/14,  89/100,  89/424,  91/682,  92/9,  92/19,  92/33,  92/34, 
92/107,  93/17,  93/48,  93/49,  93/61,  93/62,  93/63,  93/64,  93/78,  93/79, 
95/6. 

Forestry 
66/404,  68/89,  69/64,  71/161,  74/13,  75/445. 

Veterinary  matters 
64/432,  64/433,  66/600,  71/118,  71/285,  72/445,  72/461, 72/462,  73/150, 
77/96,  77/98,  77/99,  77/391,  77/504,  78/52,  79/109,  79/111,  80/213, 
80/215,  80/217,  80/219,  80/1095,  80/1098,  80/1099,  80/1100,  80/1101, 
80/1274,  81/6,  81/602,  82/894,  83/91,  83/201,  84/319,  84/643,  84/644, 
84/645,  85/73,  85/320,  85/321,  85/322,  85/358,  85/511,  85/586,  86/469, 
87/328,  87/486,  87/487,  87/489,  87/491, 88/146,  88/166,  88/289,  88/299, 
88/406,  88/407,  88/409,  88/657,  88/660,  88/661, 89/227,  89/321, 89/360, 
89/361,  89/362,  89/384,  89/437,  89/556,  89/608,  89/662,  90/118, 90/119, 
90/120,  90/422,  90/423,  90/425,  90/426,  90/427,  90/428,  90/429,  90/539, 
90/667,  90/675,  91/67,  91/68,  91/69,  91/174,  91/266,  91/492,  91/493, 
91/494,  91/495,  91/496,  91/497,  91/499,  91/628, 91/629,  91/630,  91/684, 
91/685,  91/687,  91/688,  92/5,  92/35,  92/36,  92/40,  92/45,  92/46,  92/48, 
92/60,  92/65,  92/66,  92/67,  92/102,  92/110,  92/116,  92/117,  92/118, 
92/119, 93/52, 93/53, 93/54,93/60, 93/118, 93/119,93/120,93/121,94/28, 
94/42,  94/59,  94/71,  95/23, 95/25. 

This figure  is explained by the failure  to notify  transposai  measures 
in  the  Aland  Islands,  which  have  considerable  autonomy  in  these 
matters  and  are  consequently  required  to  take  specific  transposai 
measures. 

76 

FISHERIES 

1. 

INTRODUCTION 

In  order  to  ensure  respect  for  the  Community  rules  governing  fisheries  and 
aquaculture, the Commission  continued to monitor the resource conservation and 
management measures put in place by the Member  States in areas covered by the 
common fisheries policy. 

With  this  in  view,  it  kept  a  close  watch  on  the  fishery  control  measures  that 
Member  States are required to implement.  The Commission decided to go ahead 
with the infringement  proceedings that were pending  against four  Member  States 
(France, the United  Kingdom,  Spain and  Denmark)  in the matter  of  overfishing. 
New proceedings will be commenced shortly for infringements by certain Member 
States  that  had  not  taken  the  control  measures  needed  to  enforce  the  current 
Regulation  on controls,  Regulation  (EEC)  No 2847/93. 

The Commission  also  continued  its systematic  scrutiny of national  fisheries  and 
aquaculture legislation  for  compatibility with Community law, notably as regards 
the  grant  of flag  rights  and technical  resource  conservation measures. 

SITUATION  SECTOR  BY  SECTOR 

2.1.  Markets 

Member  States'  application  of  the  Community  rules  on  the  compulsory 
notification  of  the  data  required  under  the  common  organization  of  the 
market may now be considered satisfactory.  The infringement  proceeding 
against  Spain has been  terminated. 

2.2.  Resources 

Particular  attention  was  paid 
the  Member  States' 
implementation  of  the  new  control  measures  under  the  common 
organization  of the  market. 

to  monitoring 

There  was  a  substantial 
improvement  over  past  years  as  regards 
overfishing  in  several  Member  States  and  the  Commission  was  able  to 
terminate  several  infringement  proceedings. 

On the  other  hand,  the  Commission  addressed  five  reasoned  opinions  to 
Spain,  France  and  the  United  Kingdom  for  failing  to  take  the  measures 
needed  for  the  sound  application  of the  Community rules. 

The  Commission  commenced  an  action  against  France  in  the  Court  of 
Justice  (Case  C-52/95)(56)  for  exceeding  the  anchovy  quota  in  1991  and 
1992. 

(56) 

Judgment given on 7 december 1995. 

77 

France has not yet given proper  effect  to the judgment given by the Court 
11  June  1991  in  Case  C-64/88  for  failure  to  discharge  the  obligation  to 
enforce 
infringement 
proceedings  are in  motion. 

technical  conservation  measures.  Article  171 

Member States' application of the Community rules determining the length 
of drift  nets also came in for  close monitoring  by the Commission  Apart 
from the  infringement  proceedings  limning  against  Italy  since  1992,  the 
proceedings  against  France  and  Ireland  commenced  in  1994  are  still  in 
motion; a reasoned  opinion has been issued in the  former  case. 

But  at  any  rate  there  is  a  general  improvement  in  compliance  with 
Community rules in these matters. 

2.3.  Compatibility  with  Community  law  of  national  legislation  on  the 

granting of  flag  rights 

The  Commission  continues  to monitor  carefully  national  laws  governing 
flag  rights  for  fishing  vessels  to  ensure  their  compatibihty  with 
Community law. 

In this connection, the Commission commenced a new case against France 
in the  Court of  Justice  on 22  December  1994 (Case  C-334/94). 

The  Commission's  application is  for  a  declaration  that  French legislation 
on flag rights and crew nationalities is incompatible with Community law 
and  that  France  is  accordingly  in  breach  of  its  obligations  under 
Article  171 of the EC Treaty by not giving effect  to the Court's judgment 
in Case  167/73 (Code de travail maritime). 

All  the  Commission's  infringement  proceedings  against  other  Member 
States (Greece, Belgium, Denmark, Italy, Spain, Portugal) are running their 
course. 

The  Commission has  asked the  Swedish  and Finnish authorities to  notify 
it of  all relevant information  regarding  their  flag  rights  legislation 

78 

EmOROISMENT 

1. 

INTRODUCTION 

1.1.  General situation 

The  implementation  of  Community  law  in  environmental  as  in  other 
matters is  often  complicated  by the  fact  that  responsibihty for  adopting 
national transposai measures often rests not with the national authorities, 
but  with  regional  or  even local  authorities.  The  process  of  transposing 
Community law is difficult  and time- consuming in such cases. 

The effective  implementation  of Community environment  law is  fiirfher 
complicated by application of the principle that environment policy must 
be integrated in the elaboration  and implementation  of all  other policies 
and  activities  undertaken  by the  Community  (Article  130r(2)  of the  EC 
Treaty).  The  practical  application  of  the  law  in  this  area  has  to  be 
considered in  often  complex  contexts  involving  the  attainment  of  other, 
sometimes competing,  objectives. 

By way of example, the provisions of environmental law may well conflict 
with social  and  economic  development  constraints,  notably when  major 
infrastructure  projects are being planned  It is sometimes difiScult in such 
cases to assess whether  the negative impact  on the environment is more 
than outweighed by the social and economic benefits to the general public 
and what measures are needed to reduce that impact. 

The  effort  to  integrate  environmental  protection  constraints  into  the 
elaboration  and  implementation  of  other  Community  policies  has  been 
sustained,  for  sustainable,  environment-friendly  development  must  be 
ensured  But the available scientific  and technical data on the state of the 
environment are not sufficient  to found a definitive value judgment on the 
effectiveness  of the legal instruments currently operating for the protection 
of the environment. 

The general report on the state of the environment in Europe pubUshed in 
1995 by the European Environment Agency (Europe's Environment, Dobris 
Report)  will  without  doubt  be  a  valuable  working  instrument  for  the 
Commission, equipping it to assess the effectiveness  of Community rules 
and to meet the environmental  challenges of the years ahead 

1.2.  Notification  of national implementing measures 

As was stated in previous years' reports, there are still problems with the 
notification of national measures implementing directives, especially where 
timing  is  concerned.  In  most  cases,  the  delays  are  attributable  to  the 
institutional  and aàninistrative structure within the Member States rather 
than to a deliberate  strategy of not discharging Community obligations. 

79 

In  some  areas,  particularly  chemical  substances,  it  can be  seen that the 
Member  States  are  finding  it  difficult  to  keep  up  with  the  pace  of 
transposai  required  by  successive  adaptations  of  Directive  67/548/EEC 
(dangerous substances) to technical progress. 

Member States generally come into tine in the period after the deadline for 
transposai,  and  the  Commission  can  then  terminate  infringement 
proceedings for  failure to notify before reaching the stage where a referral 
to the Court of Justice is necessary. 

Even  so,  delays  in  transposai  subsist.  Directives  90/219/EEC  and 
90/220/EEC (genetically modified organisms), for instance, have not been 
transposed in Greece and Luxembourg. Likewise, Directives 89/369/EEC 
and 89/429/EEC (atmospheric pollution from new and existing incineration 
plants) have not been transposed in Italy. 

This year the Commission paid special attention to notification of national 
measures implementing environment directives by the three new Member 
States  (Austria,  Finland  and  Sweden).  All  three  have  adopted national 
measures implementing most of the directives due for transposai. In cases 
where  directives  have  still  to  be  transposed,  the process is  often under 
way. 

1.3.  Conformity  of national  implementing measures 

Although  the  Member  States  are  making  great  efforts  to  transpose 
directives  into  their  national  legal  orders  properly,  the Commission has 
once again detected cases where national implementing measures are not 
strictly in conformity  with the directives. 

Problems  arise  in  particular  where  a  directive  is  transposed  at  a level 
below the national level, by the regions, provinces or Lander where they 
have their own powers in environmental matters. 

Other problems arise where Member States' existing legislation covers the 
subject-matter  of the  directive but  needs amending in line with the new 
Community rules. 

And the Member  States sometimes  use transposai  techniques combining 
different  forms  of legal instrument without always specifying  the precise 
relationship between each of them and the various obligations imposed by 
the directive. 

In  such  cases,  the  Commission's  scrutiny  of  national  implementing 
measures  is  particularly  difficult  as most  Member  States  do not supply 
concordance tables, indicating the provisions enacted to transpose each of 
the obligations imposed by each directive. 

80 

1.4. 

Incorrect application of  directives 

Complaints,  petitions  and  parliamentary  questions  are  as  always  the 
Commission's main sources of information  The Commission investigates 
them where they reveal  cases of incorrect application of directives. 

The  number  of  complaints  received  by  the  Commission  fell.  As  in 
previous years, Spain, France, the United Kingdom and Germany were the 
Member  States  from  which  the  largest  number  of  complaints  were 
received;  Luxembourg  and  Denmark  were  the  least  affected  The 
Commission  also received  several  complaints  concerning  the  three  new 
Member States. 

Most  of  the  complaints  and  petitions  were  about  specific  practical 
problems with a geographically local impact. Most of the problems raised 
by individual  complaints recur here and there throughout the territory of 
a Member State. This means that the Commission can identify the general 
problems underlying individual infringement  situations. A high  frequency 
of complaints about uncontrolled waste disposal sites, for instance, may be 
evidence  of  a  waste  management  problem,  or  a  shortage  of  the 
infrastructures  needed  to  ensure  that  waste  disposal  is  not  posing  an 
environmental  hazard  Likewise, complaints about river and groundwater 
pollution may be  evidence  of  a major  problem  of controlling  discharges 
of  urban  and  industrial  waste  water.  In  such  cases,  the  Commission 
endeavours to take  a horizontal  approach  to the  problem  so as to  force 
Member  States to comply with  Community rules  and thus secure lasting 
protection for the  environment. 

Problems of application are most frequent in the areas of nature protection, 
environmental impact assessment, waste disposal and wateT pollution. They 
will be considered in greater detail in the section on the situation sector by 
sector. 

The  causes  of  these  instances  of incorrect  application  vary  widely,  but 
many  of  them  are  the  result  of  problems  of  incomplete  or  incorrect 
transposai  of directives  or  a lack  of the requisite  technical  infrastructure 
for  enforcing  Community  obligations.  Consequently,  the  Commission 
attaches particular priority to problems of conformity to ensure wherever 
possible that application problems will not arise. This is not to say that it 
abandons the scrutiny of individual incorrect application cases thrown up 
by complaints that reveal questions of principle or horizontal questions or 
administrative  practices  that  contravene  the  directives.  The  package 
meetings  regularly  organized  with  the  Member  States  are  particularly 
useful  as  they  enable  the  Commission  to  meet  the  relevant  national 
authorities  and  solve  problems  concerning  the  implementation  of 
Community legislation. 

Where there are shortages of technical infrastructure,  the Commission is 
continuing  its  activity  of  improving  environmental  infrastructure  via 
projects financed by the Structural  Funds and the Cohesion Fund. 

81 

1.5.  Freedom of access to  information 

Directive  90/313/E EC  concerning freedom of  access to information  has 
been  apphcable  since  1 January  1993,  but  Italy  has  still  not  notified 
national  implementing  measures.  Greece, howeveT, has now  notified  its 
implementing  legislation.  Austria,  Finland  and  Sweden  have  also 
incorporated the  Directive into national law. 

The  Directive  raises  conformity  problems  in  several  Member  States, 
particularly Germany, France and the Netherlands. 

Representations have been made to the Member States and in some cases 
the  results  have  been  satisfactory.  In  the  Netherlands,  for  instance, 
legislation to bring national measures into line with the Directive was laid 
before  Parliament in October. 

In  Portugal, the  authority responsible  for  hearing  adtainistrative appeals 
against decisions wrongfully neglecting or declining to respond to requests 
for  information  has begun  functioning.  This  is  a major  step  forward  in 
enforcing the Directive. 

In Ireland, a report has been produced on the first year's application of the 
national  instruments  transposing  the  Directive. 
It  emphasizes  the  low 
frequency of  refusals  to  supply  information  (about  2%  of  cases),  but 
highlights a number  of  difficulties  such as  compliance with  information 
requests and the absence of redress procedures in certain cases. In the  tight 
of  the  report's findings the  Irish, authorities  will  consider  whether  the 
legislation  should  be  amended  to  better  satisfy  their  undertaking  to 
improve public access to information  on the environment. 

The  Commission  received numerous  complaints raising problems in the 
application of Directive 90/313/EEC. As last year's report stated, the facts 
underlying  these  complaints  tend  to  raise  issues  of  failure  to  notify 
national  implementing  measures  or  their  lack  of  conformity.  The 
Commission is especially attentive to conformity  problems, but progress 
is slow because of the legislative procedures of the Member States where 
existing legislation needs amending. 

Many of the complaints filed with the Commission are made immediately 
a  national  authority  has  declined  a  request  for  information,  before  the 
requester has had the opportunity to avail himself of the redress procedures 
provided for by the Directive.  In such cases the Commission encourages 
complainants to make use of the procedures available under the Directive 
and the national transposai legislation. 

In  other  cases,  complaints  are  filed  at the  same time  as the judicial  or 
administrative appeal at national level. In such cases, the Commission asks 
complainants for information  regarding the outcome. 

82 

1.6.  Environmental  impact assessment 

Directive  85/33 7/E EC  (assessment  of  the  effects  of  certain  public  and 
private  projects  on  the  environment)  is  a  horizontal  instrument,  and 
consequently it is widely cited in complaints, petitions and  infringements 
in this field 

Infringement  situations  are  often  caused  by  incorrect  transposai. 
Conformity  problems  subsist  in  Member  States  such  as  Spain,  Italy, 
Belgium,  Germany,  Portugal  and  Greece.  They  mostly  concern  the 
categories of projects listed in Annex II to the Directive  and taken over 
into national law. A case against Germany on this point is pending before 
the Court of Justice  (Case C-298/95). 

Although  the  Commission  received  a  large  number  of  complaints  and 
petitions  this  year,  there  has  been  a  visible  shift  in  the  nature  of  the 
problems they raise. 

Immediately  after  the  Directive  came  into  force,  there  were  many 
complaints  about  the  absence  of  impact  assessment  prior  to  the 
authorization  of projects  listed in Annexes  I and II.  However, now that 
impact  assessment is  well-established  practice in all the Member States, 
complaints and petitions tend to be about the quality of impact assessments 
and the under-evaluation of projects' negative effects  on the environment. 
They often relate to the siting and alternatives selected by the authorities 
for infrastructure  projects such as motorways and by-passes, railway lines 
and ports.  In such cases  the  Commission  is  often  asked to intervene  to 
have the national decision withdrawn or changed. 

Complainants also object that opinions validly expressed at public inquiries 
are not properly acted on by administrative authorities. 

It is particularly  difficult  to  investigate  the  cases referred  to in  the  two 
preceding paragraphs as the Directive merely established the procedure to 
be followed for impact assessment and is neutral on questions of quality; 
it  gives  the  Commission  no  real  powers  to  monitor  the  results  of  the 
assessments. 

On 11 August the Court of Justice dismissed a Commission action against 
Germany  for  breach  of  Directive  85/337/EEC  (Case  C-431/92).  The 
Commission argued that Germany had failed  to discharge its obligations 
under  Directive  85/337/EEC  by  authorising  the  construction  of  a  new 
tranche  of  a  power  station  without  following  the  Directive's  impact 
assessment  procedure.  The  Court  dismissed  the  case,  holding  that  the 
Commission  had  failed  to  show  on what points  the  Directive  had been 
breached in the procedure  for  authorizing the project. 

The  Court  held  that  the  date  on  which  a  request  for  authorization  is 
accepted  is  the  only  criterion  used  by  the  Directive.  The  Commission 
accordingly  terminated  action  on  a  number  of  complaints  concerning 

83 

projects  authorized after  the  Directive  came into force where the request 
for  authorization predated the Directive. 

1.7.  Action needed 

in  notifying  national 

It  is  clear  that  the  problems  regarding  implementation  of  Community 
environmental  law  thrown  up  in  past  years'  reports  have  not  yet  gone 
away.  Delays 
implementing  measures  are 
commonplace  and  national  legislation  once  enacted  is  often  not  in 
conformity  with the  requirements  of  Community law.  As  for  the  actual 
monitoring  of apphcation  of  directives, the frequency of complaints and 
petitions is evidence that the pubtic  are not making use of the possibihty 
of getting  administrative authorities  and the courts to order measures  for 
the proper protection of the environment. 

To  improve  the  apphcation  of  Community  environment  law,  the 
Commission  will  focus  its  efforts  first  and  foremost  on  measures  to 
prevent infringement  situations from arising. To this end it is planning to 
make full use of the committees provided for by the directives to improve 
the  timely  transposai  of  directives  and  the  quality  of  transposai 
instruments. 

The  Commission  is  also  looking  into the possibihty  of  stepping  up the 
frequency  of meetings with the national authorities to find the quickest and 
most effective  solutions to problems raised by complaints and petitions. 

The fifth programme  of action called for the estabhshment of a network 
for the apphcation of Community environment law. There is an informal 
network (IMPEL - Implementation and Enforcement of EU Environmental 
Law) which has  so far  been  active  especially  on questions of inspection 
and monitoring; there is a more and more pressing need for a wider range 
of activities in relation to the implementation of Community environment 
law, as provided for  by the fifth programme. 

2. 

SITUATION  SECTOR  BY SECTOR 

2.1.  Air 

There are delays in the transposai of air directives, particularly in Austria 
and Finland.  However,  the  process  appears to  be under  way in Austria, 
where several directives will be incorporated into national law in 1996. As 
will be seen at 2.8, several Member States have not transposed Directives 
92/72/EEC (ozone) and 93/12/EEC (sulphur content of liquid fuels), which 
fell  due in 1994. 

The  deadline  for  transposing  Directives  94/63/EC  (control  of  volatile 
organic compound emissions) and 94/66/EC (major incineration plants) fell 
in  1995,  but  the  Member  States  have  not  all  notified  their  national 
implementing measures. 

84 

Italy's  measures 
transposing  earlier  directives,  notably  Directives 
89/369/EEC  and  8.9/429/EEC  (prevention  of  air  pollution  from  new  and 
existing  municipal  waste  incineration  plants),  are  still  awaited.  The 
Commission has commenced  a Court action for  failure  to notify  measures 
transposing  these  Directives  (Case  C-23 7/9 5). 

Belgium  has  now  taken  the  requisite  measures  to  comply  with  the 
judgment  given  by  the  Court  of  Justice  in  Case  C-l 86/91  for  failure  to 
transpose  Article  11 of  Directive  85/203/EEC  (nitrogen  dioxide), and the 
Commission  has terminated  the Article  171 proceedings. 

The problems of conformity of the British legislation transposing Directive 
85/203/EEC  (air  quality  standards  - nitrogen  dioxide)  are largely  settled. 
The  number  of  sampling  centres  has  been  increased  substantially,  and 
work  on new  centres is in  hand. 

Most  of  the  complaints  received  by  the  Commission  concern  the 
apphcation  of the air  quality  directives in highly industrialized or  densely 
populated  areas. When these  complaints are investigated, the Commission 
asks  the  Member  State  concerned  to  supply  data  regarding  the  values 
determined  by the  directives  so  that  it  can  verify  that  they  are not  being 
exceeded. 

2.2.  Chemicals 

There  are still  serious  delays in transposai  in this field, probably  because 
of the  specific  technical  features  of the  matter. 

Directives 90/219/EEC and 90/220/EEC (genetically modified  organisms), 
for  instance,  have  not  been  transposed  in  Luxembourg,  prompting  the 
Commission  to  bring  an  action  in  the  Court  of  Justice  (Case  C-95/312). 
The  Court  found  against  Greece  for  failure  to  transpose  the  same  two 
Directives within the time allowed(57)  Spain has still not  fully  transposed 
them, and problems of conformity subsist in Belgium, France and Portugal. 

Several Member  States have yet to notify  national measures implementing 
the  directives  adapting  to  technical  progress the  directives  on  genetically 
modified  organisms  (Directives  94/15/EC and  94/51/EQ. 

Several  Member  States are finding it difficult  to keep up with the pace  of 
transposai of the adaptations to technical progress of Directive 67/548/EEC 
on  the  classification,  packaging  and  labelling  of  dangerous  substances  -
Italy, Belgium and to a lesser extent Luxembourg and Greece.  Spain made 
a  considerable  effort,  notifying  national  measures  implementing  all  the 
technical  adaptation directives. The  Commission was able to terminate  its 
infringement  proceedings  accordingly. 

(57) 

Case C-l70/94, judgment given on 29 June 1995. 

85 

The  Commission  took  Italy  to  Court  for  failure  to  transpose  Directive 
93/67/EEC  (principles  for  assessing  risks  to man  and the  environment  of 
substances  notified  in  accordance  with  Directive  67/548/EEC)  (Case 
C-238/95). 

Complaints are relatively rare. They most commonly bear witness to pubtic 
concern  about  accident  hazards  due to  industrial  activity  and the  lack  of 
information  regarding  the  emergency  plans  provided  for  by  Directive 
82/501/EEC (Seveso). 

Several  complaints  were  received  about  the  incorrect  apphcation  of 
Directive  86/609/EEC  (laboratory  animals),  a  topic  on  which  pubtic 
opinion is particularly sensitive. When investigating these complaints, the 
Commission  does  all it  can to  see that the  Directive is properly  observed 
by the  Member  States. 

2.3.  Water 

The practical apphcation of the water directives falls short of the ambitions 
of  Community  policy  on  the  protection  and  quality  of  the  aquatic 
environment. The approach taken to combating water pollution focuses  on 
the  determination  of  quality  objectives,  the  establishment  of  clean-up 
programmes  and  prior  authorization  and  emission  limitation  schemes;  it 
entails  a  major  administrative  effort,  and  several  Member  States  are  in 
serious difficulties with the proper apphcation of the objectives  established 
by  Community  rules. 

Directive  76/464/EEC  (dangerous  substances  discharged  into  the  aquatic 
environment)  is  a  good  illustration  The  Commission  has  commenced 
infringement  proceedings  against  several  Member  States  for  failure  to 
notify  programmes  for the reduction of pollution by dangerous  substances 
on  List  II in the Annex to the  Directive. 

The  apphcation  of  Directive  76/464/EEC is a source  of major  difficulties 
in  Greece. The  Commission  commenced  two  actions  for  failure  to  notify 
programmes  to reduce  pollution of  Lake Vegoritits, the  Soulos  River  and 
the  Bay  of  Pagassitikos  or  measures  requiring  discharges  by  firms  and 
establishments  in  these  regions  to  be  preceded  by  prior  authorizations 
(Cases  C-232/95  and  233/95). 

failure 

The  Commission also referred  to the Court  of Justice the case  concerning 
Germany's 
transpose  Directives  82/176/EEC, 
83/513/EEC, 84/156/EEC, 84/941/EEC and 86/280/EEC Oirnit values and 
quality  objectives  for  discharges  of  dangerous  substances  on  List  I  in 
Directive  76/464/EEC)  (Case  C-262/95). 

to  correctly 

The  apphcation  of  Directive  76/160/EEC  (bathing  waters)  continues  to 
pose problems in Italy, Germany,  Spain and Belgium. The Commission is 
closely monitoring the British authorities' implementation of clean-up plans 
for  bathing  waters  and  is  pressing  the  four  Member  States  mentioned 
above  to  present  their  plans.  Finland  and  Sweden  have  still  to  transpose 

86 

the  Directive,  but  the  process  is  under  way  and  should  be  completed  in 
1996. Austria has been granted  a transitional period until  1 January  1997. 

Many  complaints  raising  problems  of  drinking  water  quality  have  been 
received at the Commission. They are commonly due to lack  of technical 
infrastructure.  The  Commission  endeavours  to  tackle  these  problems  by 
means of projects financed by the Structural Funds and the Cohesion Fund. 

The  Commission  commenced  an action  against  Germany^  in the  Court 
of  Justice  for  incorrect  transposai  of  Directives  78/659/EEC  (quality  of 
freshwaters  needing  protection  or  improvement  in  order  to  support  fish 
life)  and  79/923/EEC (quahty required  of shellfish  waters). 

Three  actions have been  commenced in the  Court  of  Justice  for  failure  to 
notify national measures implementing Directive 91/271/EEC (urban waste 
water)  within  the  time  allowed  by  Germany,  Italy  and  Greece  (Cases 
C-297/95, C-302/95  and  C-161/95). 

Several  Member  States  have  not  yet  notified  national  measures 
implementing Directive  91/676/EEC (nitrates). The relevant  infringement 
proceedings  are in  motion. 

2.4.  Noise 

There are no special problems with the apphcation of the noise directives. 
As was stated in previous years' reports, they set limits on sound emissions 
for  newly  marketed  goods.  They  do  not  apply  to  ambient  noise  from 
multiple  sources,  but  the  few  complaints  received  by  the  Commission 
relate to this very problem which, not being regulated at Community level, 
is beyond its powers. 

As  in  other  areas,  delays  in  transposai  subsist,  particularly  in  respect  of 
Directive  95/27/EC,  amending  Directive  86/662/EEC  (limitation of  noise 
emitted  by  hydraulic  excavators,  rope-operated  excavators  and  dozers, 
loaders  and  excavator-loaders). 

2.5.  Waste 

Waste management continues to pose serious problems in the Community: 
witness  the  growing  number  of  complaints  and  petitions  which  the 
Commission  has  to  consider  each  year. 

The most common problems  are: 

- 
- 

the proliferation  of uncontrolled  dumps  and illegal  tipping; 
poor  management  of  dumps; 

(58) 

Case C-262/95 

87 

the  adoption  of  plans  to  establish  dumps in  ecologically  sensitive 
sites  (rich  in  fauna  and  flora  or  on  water  tables  from  which 
drinking  water  is  extracted)  without  prior  impact  assessment; 
pollution  of  surface  water  by  waste  discharged  direct  into  water 
courses. 

- 

The  absence  of  the  necessary  infrastructure  and  of  efficient  planning 
instruments is behind many of these situations.  Many Member  States have 
still  not  satisfied  their  planning  and  rr ogramming  obligations  under  the 
general  waste  directive 
(75/442/EEC,  as  amended  by  Directive 
91/156/EEC)  and  Directive  91/157/EEC  (batteries).  The  Commission  is 
taking  the  action  needed  to  bring  an  end  to  the  Member  States' 
deficiencies. 

As for the notification of national implementing measures, several Member 
States have not yet transposed Directives 91 /l 56/EEC (waste), 91/157/EEC 
and  93/86/EEC  (batteries)  and  91/689/EEC  (hazardous  waste).  The 
Commission  has  commenced  the  requisite  infringement  proceedings.(59) 
Italy has been taken to the  Court  of Justice  for  failure  to notify  measures 
transposing  Directive  91/157/EEC  (Case C-303/95). The  Commission has 
also  commenced  a  Court  action  against  Greece  for  failure  to  notify 
measures  transposing  Directive  91/156/EEC  (Case  C-l60/95). 

Spain, France and Luxembourg  have not yet complied with the judgments 
given  against  them  by  the  Court  of  Justice  for  failure  to  notify 
programmes for the reduction  of the tonnage and volume  of containers of 
liquids for human consumption required by Directive 85/339/EEC, but the 
Commission decided not to commence Article  171 proceedings.  Directive 
94/62/EC (packaging and packaging waste) is behind its decision, for upon 
entry into  force  it will replace  Directive  85/339/EEC.  Directive 94/62/EC 
also imposes an obligation to establish volume reduction programmes, but 
is no longer  confined  to liquids  for  human  consumption; it extends to  all 
containers without distinction and determines  certain results to be attained 
by  such programmes. 

Lastly, the  Court  held  that  the  German legislation  on waste  disposal  was 
incompatible  with  the  general  waste  directive  since  it  excluded  certain 
categories  of  recyclable  waste.  It  also  held  that  Germany  had  foiled  to 
establish, update and publish programmes  for  the elimination of toxic and 
dangerous  waste  in  certain  regions.(60)  Germany  has  now  amended  its 
legislation in line with the Court's judgment, but the amendments will have 
effect  only  from  September  1996. 

(59) 
(60) 

See Chapter 2.8. 
Case C^22/92, judgment given on  10 May 1995. 

88 

2.6.  Nature 

Nature  protection  activities  focus  on  implementation  of  Directives 
79/409/EEC  (wild  birds)  and  92/43/EEC  (habitats).  Neither  of  these 
Directives has been transposed in  Finland, which is lagging behind in this 
field. 

All  Member  States now have  legislation  for  the  protection  of wild birds, 
but  Directive  79/409/EEC  still  raises  serious  application  problems.  They 
concern  the  designation  of  special  protection  areas  for  birds,  still 
inadequate in  several  Member  States, especially the Netherlands,  Greece, 
Luxembourg,  Ireland,  Germany,  Italy  and the  United  Kingdom. 

Each  year  the  Commission  receives  numerous  complaints  and  petitions 
about  incorrect  application  of  Directive  79/409/EEC.  It is  clear  from  the 
facts  alleged  in  them  that  Member  States  have  still  to  set  up  effective 
protection  systems  for  areas  designated  under  Article  4 of the  Directive. 

As  for  Directive  92/43/EEC,  most  Member  States  have  still  to  notify 
implementing  measures.  Consequently,  infringement  proceedings  are 
following  their  course. 

Article  4  of  Directive  92/43/EEC  requires  Member  States  to  notify  the 
Commission  in  June  1995  of  a  list  of  sites  that  could  be  part  of  Natura 
2000,  the  European  ecological  network,  but  few  of  them  have  done  so. 
The  Commission  is  aware  that  this  may jeopardize  the  establishment  of 
Natura  2000  and  has  begun  making  the  requisite  representations  to  the 
Member  States to  have  the lists  notified  as soon  as possible. 

The  Commission  received  numerous  complaints  alleging 
incorrect 
apphcation of Directive  92/43/EEC. These complaints also raise problems 
regarding the apphcation of  Directive  85/337/EEC  (environmental  impact 
assessment).  Most  of  them  allege  degradations  of  natural  habitats, 
disruption  of  animal  life  and  destruction  of  flora  species  listed  in  the 
Annexes to the  Directive.  The  Commission  is not  always in  a position  to 
act  on  the  complaints  and  petitions  since  some  of  the  provisions  of 
Directive  92/43/EEC  will  be  applicable  only  when  the  Commission  has 
adopted the list  of  sites  of  Community  importance. 

In  1995  the  Commission  issued  two  opinions  under  Article  6(4)  of 
Directive  92/43/EEC  on the  Baltic motorway  construction  project  (A-20) 
in Germany/6 !) It confirmed  the existence of consideration of major  public 
interest militating in favour  of authorizing the project, given its importance 
in  the  unification  context,  the  absence  of  alternatives  and  the  German 
authorities' adoption of compensatory  measures to secure the coherence of 
Natura  2000. This  is the  first  time  Article  6(4)  has been  applied 

«51) 

OJ  C  178,  13.7.1995, p. 3 and  OJ L  6,  9.1.1996,  p.  14. 

^ 

> 

89 

2.7.  Radiation protection 

On  17  March  Italy  enacted  Decree-Act  No  230,  transposing  all  the 
Community  radiation  protection  Directives ;(62)  all  the 
infringement 
proceedings  for  failure  to  notify  national  measures  implementing  the 
directives were accordingly terminated. 

The infringement proceedings against Luxembourg and the Netherlands for 
incorrect  transposai  of  Directives  80/836/Euratom  and  84/467/Euratom 
(basic  safety  standards  for  ionizing  radiation)  are  still  in motion  as the 
latest amending legislation is not sufficient  to transpose them  fully. 

As for  Directive 84/466/Euratom (protection of patients), all the Member 
States against which Commission infringement proceedings were running 
for  incorrect  transposai  have  notified  the  Commission  either  of  new 
legislation  or of existing legislation requiring amphfication  (Italy), or of 
draft  measures  pursuant  to  Article  33 of  the  Euratom Treaty  (Belgium, 
Spain, Ireland  and Portugal). The proceedings  cannot be terminated; the 
Commission has referred to the Court those cases where full transposai is 
far from being attained (Spain and Portugal). 

The  only  Member  State  that  has  not  enacted  national  measures 
implementing Directive 89/618/Euratom (information for the general public 
in the event of a radiological emergency) is Luxembourg; the Commission 
commenced an action in the Court of Justice on 24 February  1995 (Case 
C-46/95).  The Commission has since been notified  of draft  Grand-ducal 
Regulations  in  accordance  with  Article  33  of  the  Euratom  Treaty.  The 
proceedings  against  Italy  (judgment  was  given  against  Italy  on 
29 June  1995, Case C-135/94) and Portugal were terminated as measures 
fully implementing the Directive were adopted in 1995. The transposai of 
the Directive by Germany, Spain and France is now under scrutiny at the 
Commission. 

Proceedings against Italy in respect of Directive 90/641/Euratom (radiation 
protection of outside workers) were terminated following the enactment of 
the Decree-Act referred  to above. The other four  Member  States against 
which infringement  proceedings are running for  failure to notify national 
implementing  measures  (Belgium,  Greece,  Spain  and  Portugal)  have 
notified  the Commission of draft implementing measures. 

Directive 92/3/Euratom (transfrontier  shipments of radioactive waste) has 
not been transposed in  four  Member  States (Belgium,  Germany, Greece 
and  Portugal),  but  all  of  them  have  notified  the  Commission  of  draft 
transposai measures. 

The  three  new  Member  States  have  sent  their  national  measures  on 
radiation protection to the Commission, which is now scrutinizing them in 
detail.  Subject  to  the  Commission's findings, these  measures  cover  the 

(62) 

GU 136, 13.6.1995. 

90 

transitional  period 

scope of nearly all of the radiation protection directives for which there is 
no 
(except  Directives  80/836/Euratom  and 
84/467/Euratom  on basic  safety  standards).  Even  so,  the  new  Member 
States  have  still  to  adopt  national  measures  implementing  Directives 
89/618/Euratom (Finland)  and 92/3/Euratom (Austria and Sweden). 

2.8.  Progress in implementing  directives applicable to the environment 

MEMBER  STATE 

Directives 
apphcable  on 
31.12.1995 

Directives  for 
which  measures 
have  been 
notified 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

NETHERLANDS 

AUSTRIA 

PORTUGAL 

FINLAND 

SWEDEN 

UNITED  KINGDOM 

133 

133 

135 

138 

137 

133 

133 

133 

133 

133 

129 

137 

131 

131 

133 

111 

131 

127 

121 

123 

126 

127 

113 

122 

131 

119 

119 

114 

123 

124 

% 

83 

98 

94 

88 

90 

95 

95 

85 

92 

98 

92 

87 

87* 

94 

93 

Note  : this table concerns Directives: 
General matters 
85/337, 90/313, 90/656, 90/660, 93/80. 

Waste 
75/439, 75/442, 76/403, 78/319, 84/631, 85/339, 85/469, 86/121,  86/278, 
86/279, 87/101, 87/112, 91/156, 91/157, 91/689, 93/86. 

Water 
75/440,  76/160, 76/464, 78/176, 78/659, 79/869, 79/923, 80/68, 80/778, 
81/855, 81/858, 82/176,  82/883, 83/29, 83/513, 84/156,  84/491, 86/280, 
88/347, 90/415, 91/271, 91/676, 92/112. 

Ak 
75/716, 80/779, 81/857, 82/884, 84/360, 85/203, 85/210, 85/580, 85/581, 
87/219,  87/416,  88/609,  89/369,  89/427,  89/429,  92/72,  93/12,  94/63, 
94/66. 

91 

Noise 
79/113,  80/51, 81/1051, 83/206,  84/533, 84/534, 84/535,  84/536,  84/537, 
84/538,  85/405,  85/406,  85/407,  85/408,  85/409,  86/594,  86/662,  87/252, 
88/180,  88/181,  89/514,  89/629,  92/14,  95/27. 

Nature 
79/409,  81/854,  83/129,  85/411,  85/444,  86/122,  89/370,  91/244,  92/43, 
94/24. 

Chemicals 
67/548,  69/81, 70/189,  73/146,  75/409,  76/907,  79/370,  79/831,  80/1189, 
81/957,  82/232,  82/501,  83/467,  84/449,  86/431,  86/609,  87/18,  87/216, 
87/217,  87/432,  88/302,  88/490,  88/610,  90/219,  90/220,  90/517,  91/325, 
91/326,  91/410,  91/632,  92/32,  92/37,  92/69,  93/21, 93/67,  93/72,  93/90, 
93/101,93/105,94/15,94/51. 

Radiation  protection 
80/836,  84/466, .84/467,  89/618,  90/641,  92/3. 

The notification  rate for  Finland is  actually much higher than this 
if the problems  of transposing  directives in the Aland Islands  are 
disregarded They have considerable autonomy in these matters and 
are consequently  required to take  specific  transposai  measures. 

92 

TRANSPORT 

1. 

INTRODUCTION 

The  picture  regarding  application  of  Community  transport  law  was  somewhat 
mixed. 

There were encouraging results as regards surface transport. Apart from  Directives 
93/89/EEC  (taxation  of  road  transport)  and  91/440/EEC  (development  of 
Community  railways),  where  problems  of  application  continue  to give  cause  for 
concern,  there  have been  relatively  few  specific  problems  with  the transposai  of 
directives  in this  area. 

The situation regarding sea transport is, however,  rather worrying. Apart from  the 
continued  existence  of  legislation  in  many  Member  States  regulating  flag  rights 
in  a  manner  contrary  to  Community  law,  there  are  problems  in  five  Member 
States  where  cargo-sharing  agreements  contrary  to  the  principle  of  freedom  of 
establishment  remain  in force  with  non-member  countries.  And the transposai  of 
Directive  93/75/EEC  (transport  of  dangerous  goods)  is  incomplete  in  certain 
Member  States. 

The  main  problem  with  air  transport  concerns  the  conclusion  of  bilateral  "open 
skies" agreements with the United  States by several Member  States, against which 
the  Commission  has  commenced  infringement  proceedings. 

2. 

SITUATION  SECTOR  BY  SECTOR 

2.1.  Road  transport 

Following notification  of national implementing measures by Portugal, the 
transposai  of  Directive  90/398/EEC  (vehicles  hired  without  drivers)  has 
now been  completed  in  all  Member  States. 

On the taxation front,  Directive 93/89/EEC (taxes on certain vehicles used 
for  the carriage of goods by  road) was  annulled  by the Court  of Justice(63) 
on grounds of violation of substantial procedural requirements; the Council 
omitted to consult the European Parliament  a second time before  adopting 
the  Directive  although  it  had  been  heavily  amended  in  relation  to  the 
Commission  proposal. But the Court preserved  the effects  of the Directive 
pending the Council's adoption of new provisions. France, Italy and Ireland 
have not yet notified  the Commission  of national  implementing  measures, 
while for Belgium,  Spain, Greece, Luxembourg  and Portugal the measures 
notified  are  incomplete. 

In  the  social  field,  following  the judgment  given  by  the  Court  of  Justice 
on  23  February  1994  (in  Case  C-336/93),  the  Belgian  authorities  have 
transposed  Directive  88/599/EEC 
recording 
equipment). But Italy has not yet complied with the judgment given by the 

legislation 

(social 

- 

(63) 

Case C-21/94, judgment given on 5 July 1995. 

93 

Court  on 23 February  1994  (in Case  C-289/93).  An Article  171 letter  has 
been  sent. 

A reasoned  opinion was sent to Luxembourg as its national  implementing 
legislation  was  not  in  conformity  with  Directive  89/438/EEC  (admission 
to the  occupation  of  road  haulage  operator). 

Directive  89/684/EEC (training for  drivers of vehicles carrying  dangerous 
goods)  has  now  been 
the  Member  States;  the 
infringement  proceedings  against  Greece  have been terminated  following 
notification  of  its national  implementing  measures. 

transposed 

in  all 

The  general  position  regarding  safety  and 
is 
satisfactory  and  several  infringement  proceedings  have been  terminated. 

technical  standards 

On  roadworthiness  testing,  only  Ireland  (which  has  a  derogation  for  the 
application of the Directive until  1 January  1998) has not notified  national 
implementing  Directive  91/328/EEC.  The  notificvation  of 
measures 
measures transposing Directive 92/55/EEC (exhaust emissions) is complete 
in all Member  States; the proceedings  against France, Greece, Ireland and 
the United Kingdom have been terminated.  Italy is the only Member  State 
that  has not  notified  measures  transposing  Directive  92/54/EEC (brakes). 

Directive 91/671 (compulsory  use of safety  belts) is fully  transposed in all 
Member  States except Belgium. Portugal  is the only Member  State still to 
notify  measures  implementing  Directive  92/6/EEC  (speed  limitation 
devices). 

2.2.  Combined  transport 

By  transposing  Directive  75/130/EEC  (common  rules for  certain types  of 
combined  transport), Italy gave effect  to the judgment given by the  Court 
of  Justice  on  7 May  1991  (in  Case  C-89/045)  and  terminated  one  of  the 
longest-running infringement  cases. The infringement  proceedings  against 
France,  Italy  and  Portugal  for  failure  to  notify  measures  implementing 
Directive 92/106/EEC have been terminated; the only two proceedings still 
running  are those  against  Greece  and  Belgium. 

2.3. 

Inland  waterways 

A reasoned  opinion  was addressed  to Germany  for  incorrect transposai  of 
Directive 87/540/EEC (admission to the occupation  of carrier of goods by 
waterway). The exemptions allowed by German law from  requirements as 
to evidence  of professional  capacity  are wider than those provided  for  by 
the  Directive.  Belgium's  national  implementing  measures  have  still  not 
come  into  force. 

2.4.  Rail  transport 

The  transposai  of  Directive  91/440/EEC,  one  of  the  cornerstones  of  the 
Community  policy  for  developing  the  railways,  is  incomplete  in  eight 

94 

Member  States.  Apart  from  Greece,  which  has  notified  no  national 
implementing  measures  and  has  received  a  reasoned  opinion, 
the 
Commission  commenced infringement  proceedings for failure to transpose 
Article  10  of  the  Directive,  which  confers  certain  rights  of  access  to 
infrastructure  for  railway  companies  in the  Community. 

2.5. 

Sea  transport 

« 

Problems  remain  as  regards  compliance  with  Community  flag  rights 
legislation.  For  several  years  the  Commission  has  been  examining  the 
conditions  for  entry  in  the  Member  States'  shipping  registers  and  the 
granting of flag rights. The conditions were usually discriminatory, relating 
among  other  things  to  shipowners'  nationality,  national  control  over 
shipowning  companies,  the  nationality  of  their  directors  and  managers, 
their  principal  place  of  establishment  or  centre  of  activity  and  crew 
members'  nationality. 

The  Commission  has  always  regarded  these  conditions  as  constituting 
violations of the right of establishment, the principle of national  treatment 
for  holdings of  company  capital  by  nationals of  other Member  States and 
the  principle  of  free  movement  of  workers.  In  Factortame  (Case 
C-221/89),(64) the Court unequivocally upheld the Commission's arguments. 
Infringement  proceedings  have  been  commenced  against  most  of  the 
Member  States  and  the  result  has  been  either  the  amendment  of  their 
legislation  in line with  Community  law or at least the preparation  of  draft 
amending  instruments. Problems  subsist with  France, Belgium, Denmark, 
Ireland,  Greece,  Italy  and  the  Netherlands;  infringement  proceedings  are 
in  motion,  but  a  favourable  outcome  was  achieved  in  Luxembourg, 
Germany  and  the  United  Kingdom,  which  have  brought  their  legislation 
into  line with  Community  law. 

On  5  October  1994  the  Court  gave  judgment  in  the  case  concerning 
France's  discriminatory  system  of  dock  dues,  holding  that  France  had 
failed  to  discharge  its  obligations  under  Article  1  of  Regulation  (EEC) 
No  4055/86  applying  the  principle  of  freedom  to  provide  services  to 
maritime  transport  between  Member  States  and  between  Member  States 
and 
third  countries.  The  offending  provisions  were  amended  on 
18 May  1994  and  the  proceedings  were  terminated. 

France was also sent a reasoned  opinion  for  reserving the carriage of coal 
for vessels flying the French flag,  but the infringement  proceedings for  the 
preferential  flag  rights  for  the  carriage  of  oil  and  gas were  terminated  as 
the rules brought  in by  legislation  enacted  on 31 December  1992 replaced 
the  legal  obligation  to  carry  oil  and  gas  in  vessels  flying  the French  flag 
by  an  obligation  to have  access  to oil  and gas carriage capacity.  The new 
arrangements ensure security  of crude oil supplies to France in the manner 
most  fully  compatible  with  freedom  to  supply  services  in  sea  transport. 

(64) 

[1991] ECR 1-3956. 

95 

On  the  subject  of  cargo-sharing  agreements  with  non-member  countries, 
reasoned  opinions  were  sent  to  Spain  on  account  of  its  agreements with 
Russia  and  Tunisia,  to  Belgium  and  Luxembourg  on  account  of  their 
agreement  with  Malaysia,  to  Portugal  on  account  of  its  agreement  with 
Russia  and  to  Italy  on  account  of  its  agreement  with  Morocco. 

The transposai of Directive 93/75/EEC (minimum requirements for vessels 
bound for or leaving Community ports and carrying dangerous or polluting 
goods)  is  incomplete  in  certain  Member  States,  and  the  Commission  has 
not  yet  been  notified  of  national  implementing  measures  by  Spain, 
Denmark,  Italy,  Portugal  or the United  Kingdom;  reasoned  opinions have 
been  issued  accordingly. 

2.6.  Air  transport 

As  mentioned  in  the  introduction,  the  most  worrying  problem  is  the 
conclusion  of  bilateral  "open  skies"  agreements  with  the United States. 

Problems  of  conformity  of  national  measures  with  Directive  91/670/EEC 
(mutual  acceptance  of  personnel  licences in  civil  aviation)  have not been 
settled,  though  there  has  been  a  tangible  decline  in  the  number  of 
complaints 
this  year.  However,  some  Member  States  have  been 
misinterpreting  the  Directive  in  a  restrictive  manner  that  runs counter to 
the principle of free  movement  of workers and to the European dimension 
in  the  civil  aviation  business.  A  reasoned  opinion  was  sent to France for 
its refusal  to accept pilot licences issued  in another Member  State, but the 
infringement  proceedings against the United Kingdom  for failure to notify 
were  terminated  when  notification  was made. 

Article  169 letters were  sent to Belgium,  Greece,  Spain, France, Italy and 
Portugal  for failure to give notification  of national measures implementing 
Directive  93/65/EEC  (definition  and  use  of  compatible  technical 
specifications  for  the  procurement  of  air-traffic-management  equipment 
and  systems).  Resolving  these  problems  is  of  obvious  importance  for the 
organization  of  public  procurement  in  this  area. 

Following the special procedure provided for by Article 8(3) of Regulation 
(EEC) No 2408/92, the British  authorities  asked the Commission to adopt 
a decision  on the compatibility  of the French  Order of  15 November  1994 
governing  the  distribution  of  air  traffic  in  the  Paris  airports  region  with 
Community  law.  The  Commission  adopted  a  decision  terminating  the 
procedure  and  accepting  that  the  Order  was  compatible  except  as regards 
a  few  disproportionate  provisions. 

2.7. 

Summertime 

Infringement  proceedings  were  commenced  against  Belgium,  Denmark, 
Ireland,  Italy,  the  Netherlands,  Portugal  and  the  United  Kingdom  for 
failure  to  notify  it  of  measures  transposing  Directive  94/21/EEC. But the 
proceedings  against  Belgium  and  Ireland  were  terminated. 

96 

2.8. 

Progress  in  implementing  directives  applicable  to  transport 

MEMBER 
STATE 

Directives 
applicable  on 
31.12.1995 

Directives  for  which 
measures  have been 
notified 

% 

' 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

AUSTRIA 

NETHERLANDS 

PORTUGAL 

FINLAND 

SWEDEN 

UNITED  KINGDOM 

40 

40 

40 

40 

40 

40 

40 

40 

40 

40 

40 

40 

40 

40 

40 

34 

38 

39 

36 

37 

37 

37 

34 

38 

35 

38 

35 

35 

36 

39 

85 

95 

97.5 

90 

92.5 

92.5 

92.5 

85 

95 

87.5 

95 

87.5 

87.5 

90 

97.5 

Note:  this  table  concerns  the  following  directives:(65)  62/2005,  74/561, 
74/562, 76/135, 76/914, 77/143, 77/796, 79/115, 80/1263, 80/1266, 82/714, 
84/647,  85/003, 86/360,  86/364,  87/540,  88/218, 88/449,  88/599, 89/338, 
89/438,  89/459,  89/461,  89/684,  90/398, 91/060,  91/328, 91/440, 91/670, 
91/671,  91/672, 92/006, 92/007,  92/054,  92/055, 92/106, 93/065, 93/075, 
93/089,  94/21. 

(65) 

Directives  74/426,  74/149,  77/158,  78/175, 78/1016,  79/116, 79/1034, 
80/049,  80/1178,  80/1179,  80/1180,  82/50,  83/572,  85/578,  85/579, 
89/460  (see  12th annual  report  (1994)) no  longer appear  in the tables; 
either  they  have  been  repealed  and  replaced  by  other  directives  or 
Regulations or they made only amendments concerning certain Member 
States following  successive enlargements and are no longer material. 

97 

ENERGY 

1. 

INTRODUCTION 

In parallel with work on legislation to open up the markets for gas and electricity, 
the proceedings in the Court of Justice for the monopoly on imports and exports 
of gas and electricity in five Member States continue to follow their course. 

At 88%(66), the rate of transposai of directives is up on the rate for  1994. But the 
rate  of  transposai  for  the  more  recent  directives  is  not  satisfactory,  and  many 
infringement  proceedings are currently in motion. 

2. 

SITUATION SECTOR BY SECTOR 

2.1.  Transparency of prices 

Measures implementing Directive 90/377/EEC (transparency  of prices of 
gas and  electricity)  have been notified  by  all  the Member  States except 
Spain,  which  has  prepared  but  not  issued  implementing  measures.  The 
infringement  proceedings are running their course. 

2.2. 

Internal  market for electricity and natural gas 

The proceedings against France concerning Directive 90/547/EEC (transit 
of  electricity)  have  been  terminated  following  notification  of  national 
implementing measures. 

Notification  has  now  been  received  from  all  the Member  States  except 
Portugal.  In  one  Member  State  the  Directive  was  transposed  by  the 
technique of requiring firms to sign a written undertaking to comply with 
the provisions of the Directive, but this procedure is unacceptable in the 
absence of assurances  as to the mandatory  and irrevocable nature of the 
undertaking given and of adequate publicity. 

The  actions  brought  before  the  Court  regarding  exclusive  gas  and 
electricity  import rights in five Member  States (Belgium,  Spain, France, 
Ireland and Italy) are still in motion. 

2.3.  Energy  efficiency 

Five Member States (Austria, Portugal, Luxembourg, Italy and Belgium) 
have still not transposed Directive 92/42/EEC (efficiency  requirements for 
new hot-water boilers). 

The infringement  proceedings regarding Directive  92/75/EEC have been 
terminated; the Member  States were accused  only of failing  to transpose 
the directives implementing it.  Belgium, Germany, Italy and Luxembourg 

(66) 

See  12th Report. 

98 

have still not transposed Directive 94/2/EC (energy  labelling of household 
electrical  refrigerators,  freezers  and  their  combinations),  which  is  one  of 
the  directives  implementing  Directive  92/75/EEC. 

Directive  93/76/EEC  (to  limit  carbon  dioxide  emissions  by  improving 
energy  efficiency  (Save))  has been  transposed  by France,  Ireland  and  the 
Netherlands. 

2.4.  Oil  and  gas 

Directive 94/22/EC on the conditions for granting and using authorizations 
for  the prospection,  exploration  and  production  of  hydrocarbons  was  due 
to be transposed no later than  1 July  1995. Five Member  States (Belgium, 
Spain,  Ireland,  Italy  and  the  Netherlands)  have  still  to  notify  national 
implementing  measures.  The Directive  is not  applicable  in  Luxembourg. 

2.5. 

Progress  in  implementing  directives  applicable  to  energy 

MEMBER  STATE 

Directives  applicable 
on  31.12.1995 

Directives  for 
which  measures 
have been  notified 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

NETHERLANDS 

AUSTRIA 

PORTUGAL 

FINLAND 

SWEDEN 

UNITED  KINGDOM 

17 

17 

18 

17 

17 

17 

17 

17 

16 

17 

17 

17 

15 

17 

17 

13 

16 

16 

16 

14 

17 

16 

13 

13 

16 

15 

15 

13 

16 

16 

% 

76 

94 

89 

94 

82 

100 

94 

76 

81 

94 

88 

88 

87 

94 

94 

Note: 
this  table  concerns  Directives  68/414,  72/425,  73/238,  75/339, 
75/405,  76/491,  78/170,  82/885,  85/536,  87/441,  90/377,  90/547,  90/653 
(applicable  exclusively  in  Germany),  91/296,  92/42,  93/76,  94/2,  94/22 
(not  applicable  in  Luxembourg). 

Directives  91/296/EEC  and  94/22/EC  are not  relevant to Finland,  subject 
to verification  by  the  Commission. 

99 

COMMUNITY  STAFF 

The Commission referred to the Court of Justice the case against  Spain concerning the 
transfer  of  pension  rights  (Article  11(2)  of  Annex  VIII  to  the  Staff  Regulations  of 
Officials  of the European Communities). A reasoned opinion was addressed to Greece on 
the same  subject. 

Denmark  used  to  tax  amounts  paid  into  the  Community  pension  scheme  under 
Article  11(2) of Annex VIII to the Staff Regulations, and infringement proceedings were 
commenced accordingly. Act No 441 (1 June  1994) now exempts them, and the Danish 
authorities have clarified its scope; the infringement  proceedings have been terminated. 

As for the abolition of the  "* quotient conjugal' (aggregation of spouses' income for income 
tax  assessment)  as  applicable  to  spouses  of  Community  officials  subject  to  Belgian 
income  tax by  virtue  of  the  Act  of  28 December  1990,  an  in-depth  study revealed  a 
problem of compatibility with the Belgian Constitution.  The Belgian Court of Arbitration 
held  in  a  case  decided  on  in  January  1994  that  the  relevant  provisions  were  not 
unconstitutional, and the Commission was able to terminate the proceedings. 

On a slightly different matter, Belgium has only partly complied with the judgment given 
by the Court of Justice on 4 April  1990, holding that the 50% reduction in the temporaiy 
salaries paid to Belgian teachers seconded to the European Schools was incompatible with 
Community law. Following the commencement of Article 171 proceedings, salaries were 
reinstated at full  rates and arrears were paid  The proceedings were terminated. 

In Spain the law provides for residence permits to be issued to foreign nationals residing 
there, but Spain refused to issue them to Community staff. Infringement proceedings were 
commenced and residence permits have been issued since March  1995. The  conformity 
of these permits with Commumty law is still being studied 

100 

STATISTICAL  MATTERS 

The  Member  States'  obligations  in  statistical  matters  are  mainly  to  supply  figures  at 
predetermined  intervals and in predetermined forms  on specific questions. There are no 
major problems as regards either the application of statistical methods or compliance with 
deadlines. 

However,  infringement  proceedings  were  commenced  against  the  Spanish  and  French 
authorities  for  failing  to  submit  monthly  data  on  the  quantities  and  average  prices of 
landings of fishery  products (Council  Regulation  (EEC) No  1382/91) and annual  catch 
statistics (Council Regulation (EEC) No 3880/91). 

101 

ANNEX  I 

SUSPECTED  INFRINGEMENTS 
1991  to  1995 

Table  1.1 
Table  1.2 

Table  1.3 

Origin 
Suspected  infringements  classified  by  sector 
and  Member  state 
Action  taken  classified  by  year  of  registration 

102 

Table  1.1. 

Suspected infringements 
Origin 

O 
CO 

Year 

Complaints 

Parlementiary questions 

Petitions 

Cases detected by Commission 

Total 

1991 

1992 

1993 

1994 

1995 

1051 

1185 

1040 

1145 

955 

126 

45 

30 

5 

30  O 

18 

33 

23 

6 

4(*) 

237 

282 

247 

277 

297 

1432 

1545 

1340 

1433 

1252 

(*)  Since 1995, parliamentary questions and petitions have been included either in the number of cases detected by 

the Commission or in the number of complaints, as the case may be. 

Table 1.2  SUSPECTED INFRINGEMENTS - Classified by sector and Member State 

B 

DK 

D 

EL 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

S 

UK 

Total 

DGI 

External  Relations 

DG II 

Economic and Financial Affairs 

;' -  •*• 

t è - ài 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

0 

0 

0 

1 

0 

0 

0 

0 

1 

0 

DG  ill 

1991 

28 

0 

d 

0 

0 

0 

0 

1 

0 

0 

0 

7 

Internal Market  and Industrial Affairs 

1992 

20 

14 

(up to 1992) 

Industry (1993) 

DGIV 

Competition 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1 

2 

1 

1 

3 

2 

1 

2 

5 

0 

3 

4 

0 

4 

0 

2 

0 

0 

2 

0 

0 

1 

1 

0 

1 

0 

63 

74 

4 

12 

10 

1 

6 

2 

2 

4 

0 

0 

0 

1 

0 

1 

3 

2 

1 

1 

1 

0 

0 

0 

0 

1 

0 

2 

0 

0 

41 

44 

72 

39 

5 

7 

1 

1 

2 

7 

20 

0 

1 

3 

2 

5 

8 

2 

3 

5 

1 

0 

0 

0 

0 

2 

0 

0 

2 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

90 

10 

71 

1 

1 

6 

4 

6 

5 

3 

6 

8 

0 

1 

0 

1 

2 

2 

1 

0 

0 

1 

0 

0 

0 

2 

0 

1 

1 

0 

56 

48 

7 

8 

2 

4 

7 

7 

4 

11 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

5 

6 

1 

1 

1 

0 

3 

1 

1 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

19 

20 

6 

1 

4 

2 

3 

3 

2 

1 

0 

0 

0 

0 

0 

1 

1 

1 

2 

0 

19 

13 

1 

6 

1 

2 

0 

2 

1 

1 

0 

2 

0 

4 

0 

0 

1 

0 

1 

4 

0 

0 

0 

0 

1 

0 

0 

1 

0 

0 

1 

0 

28 

25 

2 

2 

2 

3 

2 

1 

0 

1 

2 

1 

4 

2 

0 

9 

6 

6 

10 

5 

438 

382 

34 

44 

38 

28 

42 

38 

38 

37 

B 

DK 

D 

EL 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

S 

UK 

Total 

DGV 

Employment,  Industrial Relations 

and Social Affairs 

DGVI 

Agriculture 

DGVII 

Transport 

en 

DGIX 

Personnel and Administration 

DGX 

Audiovisual Media, Information, 

Communication and Culture 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

11 

7 

4 

3 

7 

9 

11 

4 

38 

7 

1 

0 

2 

1 

8 

2 

0 

0 

0 

2 

0 

1 

0 

0 

3 

2 

1 

4 

0 

2 

7 

6 

3 

12 

10 

1 

1 

0 

1 

3 

0 

0 

1 

0 

0 

0 

1 

1 

0 

0 

7 

4 

3 

3 

2 

13 

18 

8 

29 

16 

5 

3 

2 

0 

16 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

13 

4 

4 

4 

1 

24 

16 

6 

12 

11 

2 

3 

3 

2 

5 

0 

0 

1 

0 

0 

0 

1 

1 

0 

1 

5 

5 

3 

2 

1 

23 

47 

21 

38 

3 

2 

4 

4 

14 

5 

1 

1 

1 

0 

0 

0 

1 

1 

0 

0 

7 

4 

11 

7 

10 

48 

36 

30 

67 

35 

4 

3 

13 

18 

9 

0 

1 

0 

0 

0 

0 

1 

1 

0 

0 

1 

3 

2 

1 

2 

7 

7 

5 

13 

5 

1 

1 

0 

0 

3 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

6 

14 

3 

14 

1 

33 

48 

20 

23 

28 

4 

5 

3 

2 

9 

0 

0 

0 

0 

0 

0 

1 

0 

1 

0 

0 

1 

0 

0 

1 

3 

6 

0 

3 

2 

1 

2 

1 

1 

5 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

2 

2 

0 

1 

3 

10 

1 

5 

1 

2 

2 

4 

7 

8 

8 

7 

7 

9 

5 

5 

1 

4 

3 

6 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

41 

13 

5 

3 

2 

1 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

2 

0 

1 

7 

8 

8 

24 

7 

50 

37 

8 

32 

14 

4 

0 

1 

6 

4 

0 

0 

0 

0 

0 

0 

1 

0 

3 

1 

1 

1 

0 

5 

2 

4 

0 

0 

1 

1 

66 

54 

44 

61 

44 

234 

247 

120 

317 

159 

33 

25 

34 

48 

82 

3 

2 

3 

0 

2 

0 

12 

4 

4 

8 

B 

DK 

D 

EL 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

s 

UK 

Total 

DGXI 

Environment,  Nuclear Safety and Civil  Protection 

DG XIII 

Telecommunications, 

Information Market and Exploitation of  Research 

DGXIV 

: - " * •• 

Fisheries 

DGXV 

Financial Institutions  and Company Law 

(up to 1992) 

Internal Market and Financial Services (1993) 

DGXVI 

Regional Policies 

= = = = = = = = =^= = = = = = = = = = = = = = = = = = = = = = = = == 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

12 

17 

10 

16 

6 

7 

1 

0 

0 

0 

2 

0 

1 

0 

0 

0 

1 

7 

53 

33 

36 

0 

0 

0 

0 

0 

8 

7 

4 

1 

0 

0 

0 

0 

0 

0 

1 

1 

1 

0 

3 

5 

9 

11 

13 

0 

0 

0 

0 

0 

63 

53 

31 

60 

29 

1 

0 

0 

1 

1 

0 

1 

1 

0 

2 

9 

5 

86 

76 

84 

0 

0 

0 

0 

0 

59 

77 

46 

17 

15 

83 

115 

103 

89 

66 

50 

49 

31 

42 

31 

33 

43 

36 

38 

21 

0 

0 

1 

0 

0 

0 

1 

0 

1 

1 

3 

2 

58 

44 

39 

0 

0 

0 

0 

0 

0 

0 

.1 

0 

1 

1 

5 

0 

2 

1 

1 

3 

34 

40 

56 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

3 

2 

2 

3 

1 

0 

6 

99 

95 

91 

0 

0 

0 

0 

0 

37 

63 

23 

21 

12 

0 

0 

1 

0 

0 

0 

2 

1 

0 

0 

6 

5 

108 

106 

0 

0 

0 

0 

0 

0 

2 

0 

1 

0 

1 

1 

6 

7 

11 

65 

0 

1 

0 

0 

1 

0 

0 

0 

0 

0 

2 

2 

2 

4 

6 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

2 

6 

7 

7 

0 

0 

0 

0 

0 

7 

9 

6 

4 

11 

4 

1 

0 

1 

0 

1 

4 

0 

1 

0 

0 

3 

3 

25 

32 

26 

0 

0 

0 

0 

0 

0 

0 

21 

0 

24 

28 

21 

16 

11 

0 

0 

3 

0 

2 

0 

0 

0 

0 

0 

0 

0 

15 

19 

22 

0 

0 

0 

0 

0 

70 

131 

64 

57 

34 

0 

0 

0 

0 

0 

1 

2 

1 

1 

0 

2 

3 

42 

23 

2 

0 

0 

0 

0 

0 

8 

4 

0 

0 

0 

0 

9 

30 

0 

0 

455 

587 

383 

359 

265 

4 

0 

7 

1 

7 

9 

17 

7 

9 

5 

29 

42 

541 

493 

512 

0 

1 

0 

0 

1 

DGXVII 

Energy 

DGXIX 

Budgets 

DGXXI 

Customs and Indirect Taxation 

DGXXII 

Human Resources, Education, 

Training and Youth 

DG XXIII 

Enterprise Policy, Distributive Trades, 

Tourism and Cooperatives 

B 

DK 

D 

EL 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

s 

UK 

Total 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

0 

0 

0 

0 

1 

0 

0 

0 

1 

1 

7 

9 

8 

4 

3 

1 

1 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

10 

5 

2 

3 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

1 

0 

0 

0 

0 

1 

8 

3 

8 

1 

5 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

8 

11 

12 

3 

8 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

1 

0 

0 

1 

2 

0 

1 

0 

0 

0 

12 

16 

5 

1 

2 

0 

0 

1 

1 

0 

2 

0 

2 

2 

1 

0 

0 

0 

1 

1 

0 

0 

1 

0 

0 

8 

11 

9 

2 

13 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

6 

0 

4 

2 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

23 

11 

17 

4 

10 

2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

2 

0 

1 

2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

1 

5 

6 

2 

3 

2 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

1 

0 

0 

0 

0 

8 

3 

2 

2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

3 

0 

1 

0 

0 

0 

0 

4 

2 

0 

0 

0 

0 

0 

0 

0 

1 

1 

0 

0 

0 

0 

0 

4 

8 

9 

3 

7 

0 

1 

0 

2 

0 

0 

1 

0 

0 

2 

0 

0 

3 

14 

1 

1 

1 

1 

3 

95 

84 

82 

28 

62 

8 

3 

1 

4 

0 

3 

2 

3 

2 

2 

DGXXIV 

Consumer  Policy  Service 

SOEC 

Statistical Office 

LS 

Legal Service 

GO 

SG 

Secretariat-General 

Total 

B 

DK 

D 

EL 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

S 

UK 

Total 

0 

0 

0 

1 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

2 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

4 

11 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1 

1 

0 

0 

0 

0 

0 

0 

0 

1 

3 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

0 

0 

0 

1 

0 

2 

0 

0 

2 

0 

0 

0 

0 

0 

0 

0 

1 

5 

5 

4 

0 

0 

0 

1 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

75 

52 

177 

153 

210 

221 

70 

45 

181 

168 

247 

195 

92 

37 

149 

146 

184 

209 

92 

33 

185 

112 

196 

246 

80 

36 

171 

84 

147 

210 

58 

70 

52 

66 

44 

2 

2 

1 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

3 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

7 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

175 

11 

54 

207 

25 

54 

192 

14 

67 

185 

18 

85 

0 

0 

0 

0 

0 

0 

0 

0 

140 

25 

65 

45 

1 

4 

2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

73 

60 

59 

59 

52 

3 

3 

2 

1 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

173 

223 

139 

156 

0 

0 

0 

0 

1 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

28 

52 

73 

12 

35 

21 

9 

0 

1 

0 

2 

0 

3 

0 

2 

5 

0 

3 

0 

0 

0 

0 

0 

1432 

1545 

1340 

1433 

1252 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

1991 

1992 

1993 

1994 

1995 

Table  1.3. 

Suspected infringements 
Action taken 
classified by year of registration 

o 
CD 

Year 

Total cases 

Terminated 

In motion 

Established  infringements 

1991 

1992 

1993 

1994 

1995 

1432 

1545 

1340 

1433 

1252 

1001 

1.121 

882 

669 

178 

125 

168 

228 

560 

1019 

306 

256 

230 

204 

55 

ANNEXE 

ESTABLISHED  INFRINGEMENTS 
1991  to  1995 

Table  2.1 

Table  2.2 

Table  2.3 
Table  2.4 
Table  2.5 
Table  2.6 
Table  2.7 

Established  infringements,  classified  by  stage 
of proceedings  and  Member  State 
Infringements  proceedings  classified  by  Member 
State,  stage  reached  and  legal  basis 
Trend  by  Member  State  and  year  commenced  (1991) 
Trend  by  Member  State  and  year  commenced  (1992) 
Trend  by  Member  State  and year  commenced  (1993) 
Trend  by  Member  State  and  year  commenced  (1994) 
Trend  by  Member  State  and  year  commenced  (1995) 

110 

Table 2.1 

Established infringements - Classified by stage of proceedings and Member State 

Article 169 letters 

Reasoned opinions 

Referrals to Court 

Member State 
B 
DK 
D 
EL 
E 
F 
IRL 
I 
L 
NL 
A 
P 
FIN 
S 
UK 

Total 

1991 
71 
52 
60 
88 
79 
54 
59 
115 
64 
62 

1992 
110 
46 
97 
112 
129 
113 
87 
138 
97 
75 

1993 
98 
66 
120 
125 
107 
105 
91 
108 
91 
75 

1994 
77 
57 
90 
96 
86 
90 
70 
102 
64 
73 

86 

116 

125 

96 

63 
853 

97 

98 

1217 

1209 

73 
974 

1995 
80 
42 
92 
113 
81 
97 
67 
114 
71 
59 
4 
115 
2 
2 
77 

1016 

1991 
46 
3 
13 
48 
30 
15 
27 
76 
35 
23 

1992 
22 
4 
18 
30 
39 
10 
13 
40 
21 
16 

1993 
26 
3 
35 
41 
28 
39 
25 
49 
29 
22 

1994 
41 
14 
66 
85 
53 
49 
47 
60 
36 
20 

84 

22 

40 

54 

11 
411 

13 
248 

15 
352 

21 
546 

1995 
19 
1 
25 
26 
15 
17 
3 
36 
9 
4 
0 
22 
0 
0 
15 
192 

1991 
8 
1 
1 
9 
2 
4 
3 
24 
4 
7 

1992 
6 
0 
5 
4 
5 
1 
9 
11 
14 
5 

1993 
7 
0 
4 
4 
5 
2 
0 
6 
11 
5 

1994 
10 
0 
5 
17 
9 
8 
12 
12 
6 
4 

2 

1 

0 

5 

0 
65 

3 
64 

0 
44 

1 
89 

1995 
6 
0 
10 
12 
6 
6 
6 
17 
3 
0 
0 
4 
0 
0 
2 
72 

Table 2.2. 

INFRINGEMENT PROCEEDINGS CLASSIFIED BY MEMBER STATE, STAGE REACHED AND LEGAL BASIS 

Total 

1991 

Directives 

No 

notif 

Impl. 

prob. 

Appl 

prob 

Treaties 

Total 

Regu 

lations 

Decisions 

1992 

Directives 

No 

Impl. 

not». 

prob. 

Appl 

prob. 

Treaties 

Total 

Regu 

lations 

Decisions 

1993 

Directives 

No 

now. 

Impl. 

prob. 

Appl 

prob. 

Treaties 

Total 

Regu 

lations 

Decisions 

1994 

Directives 

No 

notif 

Impl. 

prob. 

Appl. 

prob 

Treaties 

Total 

Regu 

lations 

Decisions 

1995 

Directives 

No 

non. 

Impl. 

prob. 

Appl. 

prob. 

Treaties 

Regu 

lations 

Decisions 

•N2 

B 

DK 

D 

EL 

E 

F 

IRL 

1 

L 

NL 

A 

P 

FIN 

S 

UK 

TOTAL 

Art. 169 

RO 
REF 

Art  169 

RO 
REF 

Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

71 

46 
8 

62 

3 
1 

60 

13 
1 

88 

48 
9 

79 

30 

2 

54 

16 
4 

59 

27 
3 

Art 169 

115 

76 
24i 

64 ! 

35 ! 
4j 
62| 

231 
7: 

! 

86 

84 
2 

RO 
REF 

Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

1  Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

Art. 169 

RO 
REF 

Art.169 

RO 
REF 

7 

9 
1 

4 

1 
1 

12 

4 
1 

18 

5 
2 

12 

5 
2 

8 
4 
1 

8 
2 
1 

31 

23 
61 
4 

2 

12 

4 

5 

3 

1 

1 

19 

2 

9 

3 

2, 

1 

1 

1 

2 
I 
3' 

5 
3 

19 

2 

2 

2 
1 

1 

49 

22 
3 

34 

1 

36 

6 

34 

37 
2 

41 

\8 

30 

4 

1i 

46! 

22 
2 
56 

40 j 
15, 

35 

29 ; 
3J 
39 

141 
5j 

i 

64 

79 
2 

10 

15 
1 

13 

1 

11 

3 

110 

22 
6 

46 

4 
0 

97 

18 
5 

17 

112 

4 
5 

17 

4 

30 
4 

129 

39 
5 

14 

113 

6 
1 

4 

1 

25 

8 

6 

2 
1 

9 

3 
1 

10 

1 
87! 

131 
9 

138i 

40, 
11 

97 

21 
14 

75{ 

16 
5| 
j 

116 

22 
1 

84 

13 
2 

39 

2 

77 

4 
1 

93 

13 
1 

89 

20 

1j 

67 

2 

78 

121 
8! 

87 

10 

5| 

90| 

13! 

io! 

61 

7i 
5J 
j 

i 

88 

18 

1 

1 

6 

2 
1 

4 

1 

3 

3 
1 

4 

4 

4 

1 

1 

1 

1 

1 

2 

7 

1 

15 

2 
1 

2 

10 

5 
3 

7 

7 
1 

16 

4 

2 

25 

1 

4 

1 

27 

13 
4 

5 

1 

8 

5 

13 

2 
1 

10 

6 
3 

5 

2 

4 

7 

8 

10 
1 

21 

12 
1 

17 

8 

1 

1 

20 

16 
1 

1 

7 
2 

5 

2 

98 

26 
7 

66 

3 
0 

120 

35 
4 

73 

16 
5 

63 

1 

95 

22 

125 

104 

41 
4 

107 

28 
6 

105 

39 
2 

91 

25i 

°i 

108 

491 
6 

91 

29 
11 

75 

22 
6 

33 
4 

80 

19 
3 

82 

22 

85 

17 

75 

31 
3 

84 

28 
5 
64J 
14| 
1 

1 

3 

3 

1 
2 

3 

1 

1 
1 

2 

2 

2 

4 

8, 

1j 
1! 

H 
j 

1 
2 

8 
1 

125 
40 
0 

100 
35 

8 
1 

15 

2 

15 

5 

12 

2 

15 

5 

11 

7 
1 

3 

2 

16 

8 
1 

2 
1 

8 
3 
3 

14 

2 

9 

7 
2 

1 

2 

7 

7 
2 

6 

6 

11 

3 
1 

10. 

8 
1 

1 

2 

9 

9 
1 

4 

6 

2 

3 
1 

3 

2 

77 
41 
10 

57 

14 
0 

90 

66 
6 

96 

85 
17 

66 

63 
9 

90 

49 
8 

70 

47 
12 

102 

60 

12 

64 

36 
6 

73 

20 
4 

58 

36 
6 

51 

12 

63 

58 
2 

72 

80 
12 

62 

48 
8 

64 

38 
5 

62 

45 
11 

66 

56j 
5i 
58) 

36 j 
5 

49j 

171 

2 

4 

1 
1 

1 

5 

1 

2 

1 

2 

1 

2 

2 

2 

4 

3 

11 

4 
1 

2 

19 

3 
2 

20 

3 
2 

14 

4 

11 

6 

3 

21 

2 
4 

20 

3 
1 

96 

64 
6 

70 j 
49 
5 

5 
1 

12 
3 

11 

3 

10j 

2 

4 

2 

3 

2 

3 

4 
1 

4 

3 

9 

1 
1 

13 

4 
3 

3 

2 
1 

80 

19 
6 

42 

1 
0 

92 

25 
10 

113 

26 
12 

81 

15 
6 

97 

17 
6 

67 

3 
6 

13 

114 

3 

2 

1 

1 

1 

9 
1 

36 
17 

71 

9 
3 

59 

4 
0 

4 

0 
0 

115 

22 
4 

2 

0 
0 

2 

0 
0 

77 

16 
2 

59 

15 
4 

36 

1 

63 

15 
7 

90 

14 
8 

61 

9 
5 

70 

8 
4 

59 

3i 
6I ! 
85i 
16 i 
13 

66! 

6 
3 

47 

1 

98 

15 
4 

3 

1 

5 

4 
2 

1 

1 

3 

8 

1 
1 

6 

14 

5 
1 

13 

8 
2 

12 

4 
1 

11 

5 

1] 

3 

I 
31 
l| 
i 

1i 

1 
1 

I 

i 

4 

1 

10 
10 
2 

3 

1 

8l 
2J 
i 

2| 

! 

9 
4 

1 

1 

4 

2 

10 

3 

10 

1 

9 

4 
2 

7 

2 

13 

4 
2 

4 

16 

9 
2 

2 

1 

3 

2 

4 

2 

1 

1 

7 

2 

63 

11 
0 

853 

411 
66 

40 

7 

504 

279 
33 

7 

70 

17 
8 

1 

2 

128 

64 
15 

15 

2 

97 

13 
3 

151 

1217 

51 
9 

248 
94 

82 

12 

935 

126 
33 

4 

39 

11 
5 

6 

2 

138 

38 
17 

5 

1 
1 

98 

16 
0 

105 

1209 

73 
9 

362 
44 

82 

6 

987 

244 
21 

2 

3 

32 

18 
4 

8 

3 

121 

38 
5 

6 

3 

69 

52 
14 

73 

21 
1 

974 

646 
69 

57 

21 

732 

496 
61 

1 

32 

8 
2 

3 

10 

3 

65 

11 
2 

799 

114 
56 

1 

23 

8 
3 

143 

28 
10 

67 

14 
16 

1016 

162 
72 

105 

42 
7 

89 

28 
6 

Table 2.3. 

Established infringements 
- Trend by Member State and year case commenced 

1991 

Cases 

Term, after 

In motion aftei 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

CO 

Total 
B 
DK 
D 
EL 
E 
F 
IRL 
I 
L 
NL 
P 
UK 

Art.169 letter 
507 
39 
46 
40 
53 
35 
40 
35 
61 
32 
44 
41 
41 

853 
71 
52 
60 
88 
79 
54 
59 
115 
64 
62 
86 
63 

Art.169 letter 
17 
2 
2 
2 
2 
1 
2 
1 
2 

1 
2 

opinions 
318 
31 
4 
18 
28 
37 
13 
21 
52 
32 
17 
44 
21 

after R.O. 
218 
22 
3 
14 
12 
32 
8 
13 
29 
15 
9 
42 
19 

after R.O. 
99 
9 
1 
4 
16 
5 
4 
8 
23 
17 
8 
2 
2 

after  referrals 
31 
1 

70 
4 

2 
11 
1 
2 
1 
5 
7 
1 

3 
15 
3 
2 
7 
12 
15 
7 
1 
1 

18 

1 
2 

1 
5 
8 
1 

Commission 
21 
3 

22 
3 

Member States 
1 

2 
2 

5 
3 

5 
1 
1 

2 
2 

5 
2 

5 
1 
1 

1 

Table 2.4. 

Established infringements 
- Trend by Member State and year case commenced 

1992 

Cases 

Term, after 

In motion after 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

0-* 

Total 

B 
DK 
D 
EL 
E 
F 
IRL 
I 
L 
NL 
P 
UK 

Art.169 letter 
768 
74 
42 
53 
65 
91 
61 
58 
67 
66 
53 
63 
75 

1217 
110 
46 
97 
112 
129 
113 
87 
138 
97 
75 
116 
97 

Art.169 letter 
36 
7 
1 
2 
1 
4 
4 
2 
8 

1 
4 
2 

opinions 
396 
26 
3 
41 
45 
32 
44 
26 
65 
30 
20 
49 
15 

after R.O. 
234 
14 
3 
27 
28 
14 
21 
13 
35 
20 
13 
35 
11 

after R.O. 
155 
12 

after  referrals 
28 
4 

106 
11 

14 
17 
18 
21 
12 
27 
10 
7 
13 
4 

7 
15 
9 
12 
12 
18 
9 
5 
7 
1 

4 
5 
2 

3 
5 
3 
1 

1 

51 
2 

3 
5 
3 
12 
3 
8 
6 
2 
7 

Commission 
27 
5 

30 
5 

Member States 
0 

2 
6 
4 

6 
5 

2 

5 
4 

6 
5 

2 

Table 2.5. 

Established infringements 
- Trend by Member State and year case commenced 

1993 

Cases 

Term, after 

In motion after 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

Total 
B 
DK 
D 
EL 
E 
F 
IRL 
I 
L 
NL 
P 
UK 

Art.169 letter 
750 
56 
60 
71 
57 
68 
65 
54 
52 
62 
56 
75 
74 

1209 
98 
66 
120 
125 
107 
105 
91 
108 
91 
75 
125 
98 

Art.169 letter 
92 
15 
1 
7 
6 
7 
8 
9 
15 
3 
4 
10 
7 

opinions 
360 
27 
5 
41 
61 
31 
31 
27 
39 
27 
14 
41 
16 

after RO. 
227 
13 
5 
26 
42 
18 
18 
18 
24 
20 
11 
26 
6 

after R.O. 
133 
14 

after  referrals 
44 
2 

73 
4 

15 
19 
13 
13 
9 
15 
7 
3 
15 
10 

11 
9 
11 
6 
8 
12 
3 
1 
6 
2 

4 
5 
10 
1 
7 
9 
2 

2 
2 

22 
2 

7 
3 
1 
2 
1 
1 

1 
4 

Commission 
7 

Member States 
1 

8 

1 

1 
1 
3 

2 
1 

1 

3 

2 
1 

Table 2.6. 

Established infringements 
- Trend by Member State and year case commenced 

1994 

Cases 

Term,  after 

In motion  after 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

Total 
B 
DK 
D 
EL 
E 
F 
IRL 
I 
L 
NL 
P 
UK 

Art.169  letter 
491 
25 
50 
35 
37 
38 
43 
43 
39 
38 
54 
49 
40 

974 
77 
57 
90 
96 
86 
90 
70 
102 
64 
73 
96 
73 

Art.169  letter 
230 
28 
2 
26 
20 
24 
30 
12 
24 
12 
13 
25 
14 

opinions 
252 
25 
5 
29 
38 
23 
18 
14 
40 
15 
7 
21 
17 

after  R.O. 
98 
10 
5 
9 
19 
13 
5 
5 
4 
11 
5 
7 
5 

after  R.O. 
154 
15 

after  referrals 
32 
1 

32 
1 

0 

Commission 
0 

Member  States 
0 

0 

20 
19 
10 
13 
9 
36 
4 
2 
14 
12 

1 
7 
6 
13 

1 
7 
6 
13 

4 

4 

Table 2.7. 

Established infringements 
- Trend by Member State and year case commenced 

1995 

Cases 

Term, after 

In motion aftei 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

Total 
B 
DK 
D 
EL 
E 
F 
IRL 
I 
L 
NL 
A 
P 
FIN 
S 
UK 

Art.169 letter 
290 
17 
19 
20 
36 
24 
28 
20 
20 
22 
21 

31 

32 

1016 
80 
42 
92 
113 
81 
97 
67 
114 
71 
59 
4 
115 
2 
2 
77 

Art.169 letter 
716 
65 
22 
74 
76 
56 
70 
47 
91 
48 
36 
4 
82 
2 
2 
41 

opinions 
11 

after R.O. 
0 

after R.O. 
11 

after  referrals 
0 

0 

0 

Commission 
0 

Member States 
0 

0 

1 
1 
1 
1 

3 
1 
1 

1 

1 

1 
1 
1 
1 

3 
1 
1 

_ 1 

1 

ANNEX III 

INFRINGEMENTS  OF TREATIES, REGULATIONS 
AND DECISIONS 

118 

EXTERNAL RELATIONS 

GREECE 

NUMBER 
LEG  BASE 

TITLE 
DD.  REF 
CASE 

94/2083 
157E005;157E0030;157E034;157E113;369R2603;378R2112;382 
R0288;  392R2913;392R3698 
RESTRICTIONS  ON  TRADE  WITH  FYROM 
DATE  OF REFERRAL  : 94/04/25 
C-94/120:C-94/120R 

ECONOMIC AND  FINANCIAL  AFFAIRS 

PORTUGAL 

NUMBER 
LEG  BASE 
TITLE 

DD  RO 

COMPETITION 

BELGIUM 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

SPAIN 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

91/2097 
157E052;157E058;157E221 
DISCRIMINATION  CONCERNING  FOREIGN  INVESTMENT 
IN PRIVATIZED  COMPANIES 
DATE  REASONED  OPINION  SENT:  95/05/29 

89/0030 
157E171;  384D0508 
AID FOR  IDEALSPUN/BEAULIEU 
DATE  REASONED  OPINION  SENT:  89/08/30 
DATE  OF REFERRAL  : 89/12/18 
C-89/375 

DATE  OF  JUDGMENT  : 91/02/19 

COMMISSION 

91/0755 
157E030;157E034;157E037;157E048 
EXCLUSIVE  RIGHTS  IN RESPECT  OF  ELECTRICITY 
DATE REASONED  OPINION  SENT:  92/11/26 
DATE  OF REFERRAL  : 94/06/15 
C-94/160 

119 

FRANCE 

NUMBER 
LEG  BASE 
TITLE 
DD. RO 
DD. REF 
CASE 

IRELAND 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD. REF 
CASE 

ITALY 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG  BASE 
TITLE 

DD  RO 
NUMBER 
LEG  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

91/0751 
157E037;157E030;157E034 
EXCLUSIVE RIGHTS IN RESPECT OF GAS + ELECTRICITY 
DATE REASONED  OPINION  SENT: 92/11/26 
DATE OF REFERRAL  : 94/06/14 
C-94/159 

91/0756 
157E030;157E034;157E037 
EXCLUSIVE  RIGHTS  IN RESPECT  OF ELECTRICITY 
DATE REASONED  OPINION  SENT  : 92/11/26 
DATE OF REFERRAL  : 94/06/13 
C-94/156 

91/0757 
157E030;157E034;157E037 
EXCLUSIVE RIGHTS  IN RESPECT OF ELECTRICITY 
DATE REASONED  OPINION  SENT: 92/11/26 
DATE OF REFERRAL  : 94/06/15 
C-94/158 

(ASSISTANCE  TO  COMMISSION 

(ASSISTANCE  TO  COMMISSION 

92/2028 
387R3975 
AIR  TRANSPORT 
INQUIRIES) 
DATE REASONED  OPINION  SENT:  95/05/18 
92/2035 
368R4056 
SEA  TRANSPORT 
INQUIRIES) 
DATE REASONED  OPINION  SENT:  95/06/12 

93/2054 
368R1017 
SURFACE  TRANSPORT 
DATE REASONED  OPINION  SENT:  95/12/21 

93/2181 
157E003;157E005;157E085 
CUSTOMS  FORWARDING  AGENTS 
DATE REASONED  OPINION  SENT:  95/06/21 
DATE OF REFERRAL  : 96/02/09 
C-96/035 

120 

NETHERLANDS 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

91/0759 
157E030;157E037 
EXCLUSIVE  RIGHTS  IN RESPECT  OF  ELECTRICITY 
DATE  REASONED  OPINION  SENT:  92/11/26 
DATE  OF REFERRAL  : 94/06/13 
C-94/157 

EMPLOYMENT  AND  SOCIAL  POLICY 
BELGIUM 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG  BASE 

TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JU  FOR 
DATE  171  LETTER 

87/0207 
157E048;368R1612 
N A T I O N A L I TY 
TELECOMMUNICATIONS  AND  RADIO-TELEVISION 
DATE  REASONED  OPINION  SENT:  92/08/06 

R E Q U I R E M E NT 

- 

P O S T S, 

88/0364 
157E048;368R1612;371R1408;683J0249;684J0122;683J0261;673 
J0187;674J0039;675J0007;157E0171 
COVERT  DISCRIMINATION  AS  REGARDS  WELFARE 
BENEFITS  AND  SERVICES 
DATE  REASONED  OPINION  SENT:  89/08/28 
DATE  OF REFERRAL  : 90/10/23 
C-90/326 

DATE  OF  JUDGMENT  : 92/11/10 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 95/07/03 

NUMBER 
LEG  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 

89/0457 
157E007;157E128;157E171 
STUDY  GRANTS  -  DISCRIMINATION  ON  THE  BASIS  OF 
NATIONALITY 
DATE  REASONED  OPINION  SENT:  91/03/21 
DATE  OF  REFERRAL  : 93/02/17 
C-93/047 

DATE  OF  JUDGMENT  : 94/05/03 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 95/10/03 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

90/0404 
157E007;157E048;157E052;368R1612 
DISCRIMINATION  REGARDING  STUDY  GRANTS  FOR 
WORKERS 
DATE REASONED  OPINION  SENT:  93/05/17 
91/0573 
157E048;368R1612 
ACCESS TO EMPLOYMENT IN  SEA AND AIR TRANSPORT 
DATE  REASONED  OPINION  SENT:  92/08/06 

121 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

GERMANY 

NUMBER 
LEG.  BASE 
TITLE 
DD. RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

91/0574 
157E048;368R1612 
ACCESS TO EMPLOYMENT IN  DISTRIBUTION OF WATER, 
GAS  AND  ELECTRICITY 
DATE REASONED  OPINION  SENT:  92/08/06 
DATE  OF REFERRAL  : 94/06/22 
C-94/173 

91/2017 
157E045;368R1612 
EQUAL  TREATMENT  -  ACCESS  TO  EMPLOYMENT  -
DISCRIMINATION  AGAINST  CHILDREN  OF  MIGRANT 
WORKERS 
DATE REASONED  OPINION  SENT: 93/08/13 
DATE OF REFERRAL  : 94/10/13 
C-94/278 

87/0282 
157E048;368R1612 
EQUAL  TREATMENT  -  TAX  ADVANTAGES 
DATE REASONED OPINION  SENT:  89/03/01 

89/0116 
368R1612;157E048 
TAXATION OF NON-RESIDENTS 
DATE REASONED  OPINION  SENT:  92/02/19 

90/0179 
157E048;368R1612;157E052;157E059 
EQUAL TREATMENT  -  TAX  ADVANTAGES 
DATE REASONED  OPINION  SENT:  94/05/04 

NUMBER 
LEG.  BASE 
TITLE 

HOUSE DD. RO 

89/5227 
157E048;368R1612 
NATIONALITY  DISCRIMINATION 
IN  RESPECT  OF 
EMPLOYMENT  AS  CELLIST  AT  THE  ATHENS  OPERA 

D A TE 
SENT:  93/03/03 

R E A S O N ED 

O P I N I ON 

DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 

DATE OF REFERRAL  : 94/10/26 
C-94/290 

90/4816 
157E048;  368R1612 
NATIONALITY  DISCRIMINATION 
ASSISTANTS 
DATE REASONED  OPINION  SENT:  93/08/03 

-

LANGUAGE 

122 

DD.  REF 
CASE 
DATE OF JUDGMENT 
JUFOR 

COMMISSION 

DATE OF REFERRAL  : 94/04/27 
C-94/123 

DATE OF JUDGMENT 

95/06/01 

NUMBER 
LEG  BASE 
TITLE 

DD. RO 
DD. REF 
CASE 

NUMBER 
LEG  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

91/0583 
368R1612;157E048; 
NATIONALITY  DISCRIMINATION 
-  ACCESS 
EMPLOYMENT IN PUBLIC ELECTRICITY  COMPANY 
DATE REASONED  OPINION  SENT: 92/07/13 
DATE OF REFERRAL  : 94/10/26 
C-94/290 

TO 

91/0584 
368R1612;157E048; 
NATIONALITY  DISCRIMINATION 
-  ACCESS  TO 
EMPLOYMENT IN PUBLIC SERVICE - DOCTORS IN PUBLIC 
HOSPITALS 
DATE REASONED  OPINION  SENT:  92/07/13 
DATE OF REFERRAL  : 94/10/26 
C-94/290 

91/0585 
157E048;368R1612; 
ACCESS  TO EMPLOYMENT  IN  PUBLIC EDUCATION 
DATE REASONED  OPINION SENT:  92/07/13 
DATE OF REFERRAL  : 94/10/26 
C-94/290 

91/0586 
157E048;368R1612; 
ACCESS TO EMPLOYMENT IN  SEA AND AIR TRANSPORT 
DATE REASONED  OPINION  SENT:  92/07/13 
DATE OF REFERRAL  : 94/10/26 
C-94/290 

91/0587 
157E048;368R1612; 
ACCESS  TO EMPLOYMENT  IN  SURFACE  TRANSPORT 
DATE REASONED  OPINION  SENT: 92/07/13 
DATE OF REFERRAL  : 94/10/26 
C-94/290 

91/0588 
157E048;368R1612; 
ACCESS  TO EMPLOYMENT  IN  CIVILIAN RESEARCH 
DATE REASONED  OPINION  SENT:  92/07/13 
DATE OF REFERRAL  : 94/10/26 
C-94/290 

123 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 
DD.  REF 
CASE 
NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

SPAIN 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.TERM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.TERM 

NUMBER 
LEG  BASE 
TITLE 
DD.  RO 
DD.TERM 

FRANCE 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 

IN 

P O S T S, 

TO  E M P L O Y M E NT 

IN  OTHER  MEMBER  STATES 

91/0589 
157E048;368R1612; 
A C C E SS 
TELECOMMUNICATIONS  AND  RADIO-TELEVISION 
DATE  REASONED  OPINION  SENT:  92/07/13 
DATE  OF  REFERRAL  : 94/10/26 
C-94/290 
91/4957 
157E048 
PERIOD  WORKED 
CALCULATION  OF  SENIORITY 
DATE  REASONED  OPINION  SENT:  95/05/18 
92/4760 
157E048;157E052;157E059;368R1612 
NATIONALITY  DISCRIMINATION  -  STATUS  OF  FAMILLE 
NOMBREUSE 
DATE REASONED  OPINION  SENT:  95/05/18 
93/4236 
157E048 
ACCESS TO EMPLOYMENT AND TERMS OF EMPLOYMENT 
FOR  SPECIALIST  DOCTORS 
DATE  REASONED  OPINION  SENT  95/06/19 

91/0625 
368R0612;157E048;157E007; 
NATIONALITY  DISCRIMINATION  - PUBLIC  EDUCATION 
DATE REASONED  OPINION  SENT:  92/08/06 
95/12/13  : TERMINATION  DECISION 

91/0628 
157E048;368R1612; 
ACCESS  TO  EMPLOYMENT  IN  PUBLIC  HEALTH 
DATE  REASONED  OPINION  SENT:  92/08/06 
95/12/13  : TERMINATION  DECISION 

91/0629 
157E048;368R1612; 
ACCESS  TO EMPLOYMENT  IN  CIVILIAN  RESEARCH 
DATE  REASONED  OPINION  SENT  92/08/06 
95/12/13  :  TERMINATION  DECISION 

90/0284 
157E048;368R1612;157E005 
ACCESS  TO EMPLOYMENT  ON BOARD  SHIP 
DATE  REASONED  OPINION  SENT:  91/04/17 

124 

NUMBER 
LEG  BASE 
TITLE 

DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 
DD  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

ITALY 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

91/0233 
157E048;368R1612; 
ACCESS  TO  EMPLOYMENT 
WATERWAY  TRANSPORT 
DATE  REASONED  OPINION  SENT:  92/08/06 
91/2373 
368R1612 
REFUSAL  TO  GRANT  EDUCATION  ALLOWANCE 
DATE  REASONED  OPINION  SENT:  94/08/04 

SEA  AND 

IN 

INLAND 

93/4403 
368R1612 
CALCULATION  OF  SUPPLEMENTARY  RETIREMENT 
BENEFITS  FOR  FRONTIER  WORKERS 
DATE  REASONED  OPINION  SENT:  95/07/28 

87/0212 
157E048;368R1612 
NATIONALITY  REQUIREMENT 
EMPLOYMENT  IN  VARIOUS  PUBLIC  ESTABLISHMENTS 
DATE  REASONED  OPINION  SENT:  92/11/09 

FOR  ACCESS  TO 

FOR  ACCESS  TO 

87/0213 
157E048;368R1612 
NATIONALITY  REQUIREMENT 
EMPLOYMENT  IN PUBLIC  EDUCATION 
DATE  REASONED  OPINION  SENT:  92/10/15 
91/0576 
368R1612;157E048; 
NATIONALITY  DISCRIMINATION 
TO 
EMPLOYMENT  IN PUBLIC  GAS  AND WATER  COMPANIES 
DATE  REASONED  OPINION  SENT:  92/10/15 

-  ACCESS 

91/0577 
157E048;368R1612; 
A C C E SS 
TELECOMMUNICATIONS  AND  RADIO-TELEVISION 
DATE  REASONED  OPINION  SENT:  92/10/15 

E M P L O Y M E NT 

TO 

IN 

P O S T S? 

91/0578 
157E048;368R1612; 
ACCESS  TO  EMPLOYMENT  IN  AIR  TRANSPORT 
DATE  REASONED  OPINION  SENT:  92/10/15 

91/0579 
157E048;368R1612; 
ACCESS  TO  EMPLOYMENT  IN  CIVILIAN  RESEARCH 
DATE  REASONED  OPINION  SENT:  92/10/15 

125 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 

NUMBER 
LEG  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 

NUMBER 
LEG  BASE 
TITLE 
DD.  RO 

91/0580 
157E048;368R1612; 
ACCESS  TO  EMPLOYMENT  IN  URBAN  AND  REGIONAL 
TRANSPORT 
DATE  REASONED  OPINION  SENT:  92/10/15 

91/0581 
157E048;368R1612; 
ACCESS  TO  EMPLOYMENT 
WATERWAY  TRANSPORT 
DATE REASONED  OPINION  SENT:  92/11/09 

IN 

SEA  AND 

INLAND 

91/0582 
157E048;368R1612; 
ACCESS  TO EMPLOYMENT  IN  PUBLIC  HEALTH 
DATE  REASONED  OPINION  SENT:  92/10/15 

92/4660 
368R1612;157E048 
CONDITIONS  OF  EMPLOYMENT  OF  TEACHERS 
DATE  REASONED  OPINION  SENT:  93/12/31 

LUXEMBOURG 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DD.TERM 

: 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

87/0420 
157E048;368R1612 
RESIDENCE  REQUIREMENTS  FOR  ELIGIBILITY 
PRENATAL  AND MATERNITY  BENEFITS 
DATE REASONED  OPINION  SENT:  90/07/06 
DATE  OF  REFERRAL  : 91/04/15 
C-91/111 

FOR 

DATE  OF  JUDGMENT  : 93/03/10 

COMMISSION 
95/12/13  TERMINATION  DECISION 

89/0408 
368R1612;  157E048; 
INCOME  TAX  ACT:  TAXATION  OF  NON-RESIDENTS 
DATE  REASONED  OPINION  SENT:  92/02/04 
DATE  OF REFERRAL  : 94/06/03 
C-94/151 

DATE  OF  JUDGMENT  : 95/10/26 

COMMISSION 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 
DD.  REF 
CASE 

89/0521 
157E048;368R1612 
NATIONALITY  DISCRIMINATION 
DATE  REASONED  OPINION  SENT:  90/10/23 
DATE  OF REFERRAL  : 92/04/13 
C-92/118 

126 

DATE  JUDGMENT 
JUFOR 
DD.TERM 

: 

DATE  OF  JUDGMENT  : 94/05/18 

COMMISSION 
95/12/13  : TERMINATION  DECISION 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

91/0222 
157E048;368R1612; 
ACCESS  TO EMPLOYMENT  IN  SURFACE  TRANSPORT 
DATE  REASONED  OPINION  SENT:  92/07/14 
DATE  OF REFERRAL  : 93/12/17 
C-93/473 

91/0223 
157E048;368R1612; 
ACCESS  TO EMPLOYMENT  IN  CIVILIAN  RESEARCH 
DATE  REASONED  OPINION  SENT:  92/07/14 
DATE  OF REFERRAL  : 93/12/17 
C-93/473 

91/0224 
157E048;368R1612; 
ACCESS  TO EMPLOYMENT  IN  PUBLIC  EDUCATION 
DATE  REASONED  OPINION  SENT:  92/07/14 
DATE  OF  REFERRAL  : 93/12/17 
C-93/473 

91/0225 
157E048;368R1612; 
ACCESS  TO  EMPLOYMENT 
TELECOMMUNICATIONS 
DATE  REASONED  OPINION  SENT:  92/07/14 
DATE  OF REFERRAL  : 93/12/17 
C-93/473 

IN 

POSTS  AND 

91/0226 
157E048;368R1612; 
ACCESS TO EMPLOYMENT IN  DISTRIBUTION OF WATER, 
GAS AND  ELECTRICITY 
DATE  REASONED  OPINION  SENT:  92/07/14 
DATE  OF REFERRAL  : 93/12/17 
C-93/473 

91/0228 
368R1612;157E048; 
NATIONALITY  DISCRIMINATION 
EMPLOYMENT  - NURSES  IN  PUBLIC  HOSPITALS 
DATE  REASONED  OPINION  SENT:  92/07/14 
DATE  OF  REFERRAL  : 93/12/17 
C-93/473 

-  ACCESS 

TO 

127 

UNITED  KINGDOM 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

92/2247 
157E048;368R1612 
NATIONALITY  DISCRIMINATION 
EDUCATION 
DATE  REASONED  OPINION  SENT:  95/11/14 

-

UNIVERSITY 

94/4092 
157E005;157E048;157E051 
DISSOLUTION  OF  GIBRALTAR  PENSION  FUND 
DATE  REASONED  OPINION  SENT:  95/10/31 

AGRICULTURE 

GERMANY 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DD.TERM 
NUMBER 
LEG.  BASE 
TITLE 

: 

DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

GREECE 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

90/0375 
157E030;381R3796 
IMPORTS  OF LIVE  SOFT-WATER  CRAYFISH 
DATE  REASONED  OPINION  SENT:  90/12/15 
DATE  OF  REFERRAL  : 93/03/31 
C-93/131 

DATE  OF  JUDGMENT  : 94/07/13 

COMMISSION 
95/06/28  : TERMINATION  DECISION 
90/5328 
387R0823;387R3929;157E040 
MAXIMUM  YIELD  PER  HECTARE  IN  WINE-GROWING. 
PRIVILEGES  FOR  COOPERATIVES  (R) 
DATE  REASONED  OPINION  SENT:  95/07/03 
93/2097 
157E030;391L0497 
BARRIERS  TO  IMPORTS  OF BOARS  FROM  DENMARK 
DATE  REASONED  OPINION  SENT:  94/10/05 
DATE  OF  REFERRAL  : 96/03/27 
C-96/102 

85/0101 
380R1837;3fc2R0019;383R0020;157E113;157E030;157E171 
PRICES  OF  SHEEP  AND  GOATS 
HUNGARY 
DATE  REASONED  OPINION  SENT:  86/02/25 
DATE  OF  REFERRAL  : 87/04/15 
C-87/127 

IMPORTED  FROM 

128 

CE 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.TERM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

IRELAND 

NUMBER 
LEG.  BASE 
TITLE 

: 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

ITALY 

91/4811 
389R1576; 
SALE  OF  A  BEVERAGE  UNDER  THE  NAME  OF  WHISKY, 
CONTRARY  TO  REGULATIONS 
DATE  REASONED  OPINION  SENT:  93/10/11 
95/06/28  : TERMINATION  DECISION 

92/4664 
391R1697;368R0804 
DEFINITIVE  ABANDONMENT  OF MILK  PRODUCTION 
DATE  REASONED  OPINION  SENT:  95/01/19 

94/4466 
157E030 
BARRIERS  TO  IMPORTS  OF  SPANISH  STRAWBERRIES 
DATE  REASONED  OPINION  SENT:  95/05/05 
DATE  OF  REFERRAL  : 95/08/04 
C-95/265 

88/0449 
377L0504;388D0124;157E030;157E171 
IMPORT RESTRICTIONS - SEMEN OF BULLS AND PIGS FOR 
ARTIFICIAL  INSEMINATION 
DATE  REASONED  OPINION  SENT:  89/10/12 
DATE  OF  REFERRAL  : 91/09/17 
C-91/235 

DATE  OF  JUDGMENT  : 92/11/17 

COMMISSION 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JU  FOR 
DD.TERM 

: 

• 

88/0464 
157E030;  157E036;  373R1641;381R3796 
RESTRICTIONS  ON  FISH  IMPORTS 
DATE  REASONED  OPINION  SENT:  90/07/02 
DATE  OF  REFERRAL  : 91/09/11 
C-91/228 

DATE  OF  JUDGMENT  : 93/05/25 

COMMISSION 
95/12/13  : TERMINATION  DECISION 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

91/4287 
366R0136 
MINIMUM  PRICES  FOR  VIRGIN  OLIVE-OIL  CAKES 
DATE  REASONED  OPINION  SENT:  93/10/05 
DATE  REASONED  OPINION  SENT-BIS  : 95/03/24 

129 

DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

DATE  OF  REFERRAL 
C-95/327 

95/10/17 

92/2141 
390R1186 
TERMINATION DECISION CARCASSES OF ADULT BOVINE 
ANIMALS 
DATE  REASONED  OPINION  SENT:  95/01/20 
DATE  OF  REFERRAL  : 95/10/17 
C-95/328 

UNITED  KINGDOM 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

91/0541 
157E171 
MMB-RESTRICTIONS  ON  FREEDOM  TO  SELL  MILK 
PRODUCED 
DATE  REASONED  OPINION  SENT:  91/09/23 
DATE  OF  REFERRAL  : 92/02/13 
C-92/040 

DATE  OF  JUDGMENT  : 94/03/24 

COMMISSION 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

92/2209 
368R0804;387R1898;  388D0566. 
NON  -  CONFORMITY  OF  DESIGNATION  "SOYA 
DATE  REASONED  OPINION  SENT:  93/05/11 

MILK" 

TRANSPORT 

BELGIUM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

90/0354 
157E007;157E048;157E052;157E058 
MERCHANT  VESSELS  - FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/06/04 

91/0600 
386R4055 
CARGO-SHARING  ARRANGEMENTS 
AGREEMENT 
DATE  REASONED  OPINION  SENT:  93/10/11 

IN  BLEU/TOGO 

91/0601 
386R4055 
CARGO-SHARING ARRANGEMENTS IN AGREEMENT WITH 
ZAIRE 
DATE  REASONED  OPINION  SENT:  93/10/11 

130 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 

DENMARK 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

GREECE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

SPAIN 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

FRANCE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 

93/2101 
386R4055 
CARGO-SHARING  AGREEMENTS  WITH  NON-MEMBER 
COUNTRIES  IN  SEA  TRANSPORT 
DATE  REASONED  OPINION  SENT:  95/12/21 

90/0355 
157E007;157E048;157E052;157E058;157E221;157E005 
MERCHANT  VESSELS  - FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  94/02/21 

90/0356 
157E007;157E048;157E052;157E221;157E005 
MERCHANT  VESSELS  - FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/07/27 
DATE  OF REFERRAL  : 96/03/07 
C-96/062 

91/0469 
386R4055 
FREEDOM  TO  PROVIDE  SERVICES  IN  SEA  TRANSPORT 
SPAIN  AND  GABON 
DATE  REASONED  OPINION  SENT:  94/01/19 
93/2100 
386R4055 
CARGO-SHARING  AGREEMENTS  WITH  NON-MEMBER 
COUNTRIES  IN  SEA  TRANSPORT 
DATE  REASONED  OPINION  SENT:  95/12/06 

89/0306 
157E007;  157E048;  157E052;157E058;157E221 
MERCHANT  VESSELS  - FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/10/11 
DATE  OF  REFERRAL  : 94/12/22 
C-94/334 

90/0469 
386R4055 
TAX  DISCRIMINATION  SEA  TRANSPORT  - DOCK  DUES 

131 

DD  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DD.TERM 

: 

DATE  REASONED  OPINION  SENT:  93/01/25 
DATE  OF  REFERRAL  : 93/08/03 
C-93/381 

DATE  OF  JUDGMENT  : 94/10/05 

COMMISSION 
95/06/28  : TERMINATION  DECISION 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 

IRELAND 

NUMBER 
LEG  BASE 
TITLE 
DD.  RO 

ITALY 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 

LUXEMBOURG 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 

93/2099 
386R4055 
RESERVATION  OF  FRENCH  FLAG  RIGHTS 
TRANSPORT  OF  COAL 
DATE  REASONED  OPINION  SENT:  95/06/26 

FOR 

90/0357 
157E007;157E048;157E052;157E058;157E005 
MERCHANT  VESSELS  - FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/06/18 
DATE  REASONED  OPINION  SENT-BIS  : 94/08/04 

91/2148 
157E007;157E048;157E052;157E058;157E221; 
MERCHANT  VESSELS  - FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/06/30 

93/2105 
386R4055 
CARGO-SHARING  AGREEMENTS  WITH  NON-MEMBER 
COUNTRIES  IN  SEA  TRANSPORT 
DATE  REASONED  OPINION  SENT:  95/12/21 

93/2102 
386R4055 
CARGO-SHARING  AGREEMENTS  WITH  NON-MEMBER 
COUNTRIES  IN  SEA  TRANSPORT 
DATE  REASONED  OPINION  SENT:  95/12/21 

132 

NETHERLANDS 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

PORTUGAL 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

90/0358 
157E007; 157E048; 157E052; 157E058; 157E221 ; 157E005 
MERCHANT  VESSELS  - FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/06/30 

93/2103 
386R4055 
CARGO-SHARING  AGREEMENTS  WITH  NON-MEMBER 
COUNTRIES  IN  SEA  TRANSPORT 
DATE  REASONED  OPINION  SENT:  95/12/06 

COMMUNITY  STAFF 

BELGIUM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 
DATE  RO  SENT  171 

DD.  REF  2 
CASE  2 
DATE  JUDGMENT  2 
JU FOR  2 

: 

84/0303 
157F/PRO/PRI;157E171; 
TRANSFER  OF PENSION  RIGHTS 
DATE  REASONED  OPINION  SENT:  79/07/24 
DATE  OF  REFERRAL  : 80/06/09 
C-80/137 

DATE  OF  JUDGMENT  : 81/10/19 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 84/07/31 
DATE  ART  171  REASONED  OPINION  SENT 
85/05/08 
DATE  OF  REFERRAL-171  : 85/11/28 
C-85/383 

DATE  OF  JUDGMENT-171  : 89/10/03 

COMMISSION 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 
DD.TERM 

88/0065 
157E005;157E171 
50%  REDUCTION  IN  REMUNERATION  PAID  BY  THE 
BELGIAN  ADMINISTRATION  TO  SECONDED  TEACHERS 
DATE  REASONED  OPINION  SENT:  88/07/07 
DATE  OF  REFERRAL  : 89/01/09 
C-89/006  . 

DATE  OF  JUDGMENT  : 90/04/05 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 92/10/13 

95/12/13  : TERMINATION  DECISION 

133 

GREECE 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 

SPAIN 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

ENVIRONMENT 

GERMANY 

NUMBER 
LEG  BASE 
TITLE 
DD.  RO 

FISHERIES 

BELGIUM 

NUMBER 
LEG.  BASE 

TITLE 
DD.  RO 

DENMARK 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

93/2139 
368R0259 
TRANSFERS  TO  COMMUNITY  PENSION  SCHEME 
DATE  REASONED  OPINION  SENT:  95/08/14 

91/2315 
157E005;157E011 
TRANSFER  OF  PENSION  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/12/13 

91/0216 
382R3626; 
TRADE  IN ENDANGERED  SPECIES 
DATE  REASONED  OPINION  SENT:  93/03/31 

90/0248 
157E007;157E034;157E048;157E052;157E058;381R3796;383R0 
170 
FISHING  VESSELS  - LICENSING  AND  FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/03/23 

90/0296 
157E007;157E048;157E052;157E067;157E221 
FISHING  VESSELS  - LICENSING  AND  FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  94/02/21 

90/0481 
383R0170;387R3977;387R2241; 
FAILURE  TO  INSPECT  -  OVERFISHING  1988 
DATE  REASONED  OPINION  SENT:  92/10/28 

134 

GREECE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

SPAIN 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

NUMBER 
LEG  BASE 
TITLE 

DD.  RO 
DD.TERM 

FRANCE 

NUMBER 
LEG.  BASE 
TITLE 

90/0328 
157E007;157E048;157E052;157E058;157E221;383R0170 
FISHING  VESSELS  - LICENSING  AND  FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/07/27 

88/0356 
382R2057;387R2241; 
DUTY  TO  COOPERATE  - FISHERIES  INSPECTION 
MONITORING 
DATE  REASONED  OPINION  SENT:  89/11/20 

A ND 

90/0482 
383R3598;383R3599;382R3191;383R1501 
FAILURE TO NOTIFY MARKET INFORMATION - COMMON 
ORGANIZATION  OF  MARKET  IN FISHERIES  PRODUCTS 
DATE REASONED  OPINION  SENT:  95/08/11 
95/12/13  : TERMINATION  DECISION 

84/0445 
382R2057;383R0171;157E171 
FISHERIES;  FAILURE  TO  MONITOR  COMPLIANCE  WITH 
TECHNICAL  CONSERVATION  MEASURES 
DATE  REASONED  OPINION  SENT:  86/11/18 
DATE  OF REFERRAL  :-88/02/29 
C-88/064 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171 LETTER  : DATE  ART  171 LETTER  SENT  : 93/10/11 

DATE  OF  JUDGMENT  : 91/06/11 

COMMISSION 

NUMBER 
LEG.  BASE 

TITLE 
DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

90/0249 
157E007;157E048;157E052;157E058;157E221;157E171;368R16 
12;383R0170 
FISHING  VESSELS  - LICENSING  AND FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/10/18 
DATE  OF REFERRAL  : 94/12/22 
C-94/334  * 

90/0418 
387R3977;383R0170;387R2241; 
FAILURE  TO  INSPECT  - OVERFISHING  1988 
DATE  REASONED  OPINION  SENT:  92/09/29 

135 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

91/4509 
390R3926;383R0170;387R2241; 
OVERFISHING  1991  (ANCHOVIES) 
DATE  REASONED  OPINION  SENT:  94/05/02 
DATE  OF  REFERRAL  : 95/02/28 
C-95/052 

DATE  JUDGMENT  : 95/12/07 

COMMISSION 

IRELAND 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 
DD.TERM 

: 

85/0394 
157E052;157E171 
INCOMPATIBILITY  OF FISHERIES  AMENDMENT ACT  1983 
WITH  COMMUNITY  LAW 
DATE  REASONED  OPINION  SENT:  86/12/16 
DATE  OF REFERRAL  : 89/03/21 
C-89/093 

DATE  OF  JUDGMENT  : 91/10/04 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 93/10/11 

95/06/28  : TERMINATION  DECISION 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 
DD.TERM 

88/0187 
376R0101;381R3796 
BAN ON FISHING BY BRITISH VESSELS IN IRISH WATERS 
AND RELATED  MEASURES 
DATE  REASONED  OPINION  SENT:  89/05/24 
DATE  OF  REFERRAL  : 89/09/12 
C-89/280 

DATE  OF  JUDGMENT  : 92/12/02 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 94/01/25 

95/12/13  :  TERMINATION  DECISION 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

ITALY 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

90/0333 
157E007;157E052;157E058;383R0170 
FISHING  VESSELS  - LICENSING  AND  FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/06/18 
DATE  REASONED  OPINION  SENT-BIS  : 94/08/04 

90/0332 
157E007;157E048;157E052;157E058;157E221;383R0170 
FISHING  VESSELS  - LICENSING  AND FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/03/11 

136 

NETHERLANDS 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.TERM 

NUMBER 
LEG.  BASE 

TITLE 
DD.  RO 
DD.TERM 

88/0477 
386R4034;383R0170;382R2057 
OVERFISHING  1987 
DATE  REASONED  OPINION  SENT:  91/07/25 
95/06/28  :  TERMINATION  DECISION 

90/0274 
157E007;157E034;157E048;157E052;157E058;157E221;381R37 
96;383R0170 
FISHING  VESSELS  - LICENSING  AND  FLAG  RIGHTS 
DATE  REASONED  OPINION  SENT:  93/03/31 
95/12/13  :  TERMINATION  DECISION 

UNITED  KINGDOM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

87/0398 
385R3721;385R3732;383R0170;382R2057; 
OVERFISHING  1985-1986 
DATE  REASONED  OPINION  SENT:  89/02/09 
DATE  REASONED  OPINION  SENT-BIS  : 92/10/01 

INTERNAL  MARKET  AND  FINANCIAL  SERVICES 

BELGIUM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JU  FOR 
DD.TERM 

: 

82/0316 
157E030 
REFUSAL  TO  ISSUE  IMPORT  LICENCES  FOR  CODEINE 
DATE  REASONED  OPINION  SENT:  83/09/19 

89/0035 
157E030;157E036 
DOUBLE  CHECKS  ON  IMPORTS  OF  STERILE  MEDICAL 
ACCESSORIES 
DATE  REASONED  OPINION  SENT:  91/09/30 
DATE  OF  REFERRAL  : 92/09/25 
C-92/373 

DATE  OF  JUDGMENT  : 93/06/08 

COMMISSION 
95/12/13  :  TERMINATION  DECISION 

NUMBER 
LEG  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

89/0228 
157E030; 157E034; 157E036; 157E059; 373L0023 
FREE  MOVEMENT  OF  WIRELESS  TELEPHONES 
DATE  REASONED  OPINION  SENT:  89/11/29 
DATE  OF  REFERRAL  : 92/03/12 
C-92/080 

137 

DATE  JUDGMENT  : 
JU  FOR 

COMMISSION 

DATE  OF  JUDGMENT  : 94/03/24 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 
DD  RO 
DD  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DD.TERM 

: 

89/4822 
157E030 
TELEVISION  ADVERTISING 
DATE  REASONED  OPINION  SENT:  95/09/28 
90/0069 
157E052; 157E056; 157E059 
FLEMISH COMMUNITY  DECREE  ON CABLE  TELEVISION 
DATE REASONED  OPINION  SENT:  91/02/14 
DATE  OF REFERRAL  : 91/08/08 
C-91/211 

DATE  OF JUDGMENT  : 92/12/16 

COMMISSION 
95/06/28 
DETECTED  BY  COM  +  ART.  169  LETTER 

:  TERMINATION  DECISION  NEW  CASE 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

DENMARK 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

GERMANY 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG  BASE 
TITLE 
DD  RO 
DD.TERM 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 

91/0209 
157E052;157E067; 
DISCRIMINATORY 
ESTABLISHMENTS  OF FOREIGN  COMPANIES 
DATE  REASONED  OPINION  SENT:  93/09/16 

TAXATION  OF 

PERMANENT 

91/0782 
157E005;157E030;157E036 
IMPORTS  OF ENZYME  PREPARATIONS 
DATE  REASONED  OPINION  SENT:  93/07/12 

88/0189 
157E030 
BAN  ON COSMETICS  ADVERTISING 
DATE  REASONED  OPINION  SENT:  93/06/03 

88/5144 
157E030 
IMPORTS  OF DIETARY  PRODUCTS 
DATE  REASONED  OPINION  SENT:  94/03/28 
95/06/28  : TERMINATION  DECISION 

89/0082 
157E030 
DISCRIMINATION  AGAINST  IMPORTS  OF  FRUIT  AND 
VEGETABLES 
DATE  REASONED  OPINION  SENT:  94/07/15 

138 

89/0104 
157E030 
IMPORTS  OF  FLAME-ARRESTERS 
DATE  REASONED  OPINION  SENT:  90/11/30 
95/12/13  : TERMINATION  DECISION 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 
DD.TERM 

GREECE 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

84/0388 
157E048; 157E052; 157E059 
BAN  ON  TEACHING 
DATE  REASONED  OPINION  SENT:  85/10/28 
DATE  OF  REFERRAL  : 86/06/13 
C-86/147 

DATE  OF  JUDGMENT  : 88/03/15 

COMMISSION 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 

85/0264 
157E052;157E059 
NATIONALITY  REQUIREMENT 
OCCUPATION  OF  ADVOCATE 
DATE  REASONED  OPINION  SENT:  86/05/14 
DATE  OF  REFERRAL  : 87/02/05 
C-87/038 

FOR  ACCESS  TO 

DATE  OF  JUDGMENT  : 88/07/14 

COMMISSION 

87/0113 
157E059;157E171 
RESTRICTIONS  ON FREEDOM  TO PROVIDE  SERVICES  AS 
TOURIST  GUIDES 
DATE  REASONED  OPINION  SENT:  88/04/20 
DATE  OF REFERRAL  :  89/06/20 
C-89/198 

DATE  OF JUDGMENT  : 91/02/26 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 92/05/18 

NUMBER 
LEG.  BASE 
TITLE 

: 

89/0165 
157E052;157E059;157E171 
NATIONALITY  REQUIREMENT  FOR  OPENING  PRIVATE 
SCHOOLS 

DATE  171 LETTER 
DATE  RO  SENT-171 

DD.  REF2 
CASE 
DATE  JUDGMENT2 
JUFOR2 

DATE  ART  171 LETTER  SENT  : 89/05/26 
DATE  ART  171  REASONED  OPINION  SENT  : 
90/01/22 
DATE  OF  REFERRAL  171  : 90/10/24 
C-90/328 

DATE  OF  JUDGMENT-171  : 92/01/30 

COMMISSION 

139 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 
DD.  REF 
CASE 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 
DD.  REF 
CASE 

SPAIN 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 
DEC  TO  REFER 
DD.  REF 
CASE 
DATE  JUDGMENT 
JU  FOR 

FRANCE 

NUMBER 
LEG  BASE 
TITLE 
DD  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171 LETTER  : 

89/0354 
157E030;  157E036; 
SALE  OF  BABY  FOODS  EXCLUSIVELY  THROUGH 
PHARMACISTS 
DATE  REASONED  OPINION  SENT:  91/10/28 
DATE  OF  REFERRAL  : 92/11/09 
C-92/391 

92/0271 
NONE 
REDRESS  PROCEDURES  -  AWARD  OF  PUBLIC  SUPPLY 
AND  WORKS  CONTRACTS 
DATE  REASONED  OPINION  SENT:  94/07/04 
DATE  OF  REFERRAL  : 95/07/07 
C-95/236 

90/0388 
157E005;157E048;157E052;157E059 
RESTRICTIONS  ON FREEDOM  TO PROVIDE  SERVICES  AS 
TOURIST  GUIDES 
DATE  REASONED  OPINION  SENT:  91/10/14 

DATE-DECISION-DD.  REF  : 92/06/10  : Min(92)1109 

DATE  OF REFERRAL  : 92/10/01 
C-92/375 

DATE  OF  JUDGMENT  : 94/03/22 

COMMISSION 

85/0269 
157E030 
REFUSAL  TO  ISSUE  IMPORT  LICENCES  FOR  CODEINE 
DATE  REASONED  OPINION  SENT:  87/11/12 

85/0499 
380D1186;386D0283;157E171;391D0482 
FREEDOM  OF  ESTABLISHMENT  AND  FREEDOM  TO 
PROVIDE  SERVICES  IN  THE  OVERSEAS  TERRITORIES 
DATE  REASONED  OPINION  SENT:  87/05/27 
DATE  OF  REFERRAL  : 88/09/23 
C-88/263 

DATE  OF  JUDGMENT  : 90/12/12 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 92/06/05 

140 

NUMBER 
LEG.  BASE 
TITLE 

DD  RO 
DD  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 

86/0432 
157E059;157E171 
RESTRICTIONS  ON FREEDOM  TO PROVIDE  SERVICES  AS 
TOURIST  GUIDES 
DATE  REASONED  OPINION  SENT:  88/05/02 
DATE  OF  REFERRAL  : 89/04/28 
C-89/154 

DATE  OF  JUDGMENT  : 91/02/26 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 92/05/18 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.TERM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.TERM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

IRELAND 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

ITALY 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 

89/0576 
157E030 
APPROVAL  OF  TANKS  FOR  THE  TRANSPORT  OF 
DANGEROUS  SUBSTANCES 
DATE  REASONED  OPINION  SENT:  92/06/17 
95/12/13  : TERMINATION  DECISION 

90/0037 
157E005;157E052;157E059;157E048 
ESTATE  AGENTS'  PERMITS 
DATE  REASONED  OPINION  SENT:  92/12/10 
95/12/13  : TERMINATION  DECISION 

93/2222 
157E030;157E036 
PREPARATIONS  BASED  ON  FOIE  GRAS 
DATE  REASONED  OPINION  SENT:  94/10/14 

93/2261 
157E030;157E036 
BARRIERS  TO  IMPORTS  OF  LEAVENED  BREAD 
DATE  REASONED  OPINION  SENT:  94/10/19 

89/0335 
157E030; 
TOBACCO  PRICE  RULES 
DATE  REASONED  OPINION  SENT:  90/07/12 

87/0071 
157E059;157E171 
RESTRICTIONS  ON FREEDOM  TO PROVIDE  SERVICES  AS 
TOURIST  GUIDES 
DATE  REASONED  OPINION  SENT:  88/04/20 
DATE  OF  REFERRAL  : 89/05/25 

141 

CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 

C-89/180 

DATE  OF  JUDGMENT  : 91/02/26 
COMMISSION 
DATE  ART  171 LETTER  SENT  : 95/07/05 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 
DD.TERM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

NUMBER 
LEG  BASE 
TITLE 
DD  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

LUXEMBOURG 

NUMBER 
LEG  BASE 
TITLE 

DD  RO 

88/0373 
157E052;157E059;  157E171 
NATIONALITY  REQUIREMENTS  (GUIDES,  JOURNALISTS, 
LICENSED  PHARMACISTS) 
DATE  REASONED  OPINION  SENT:  89/11/21 
DATE  OF  REFERRAL  : 90/10/01 
C-90/297 
95/12/13  :  TERMINATION  DECISION 

89/0534 
157E030;157E036;377L0094 
PROCEDURE  FOR  AUTHORIZING  DIETARY  PRODUCTS 
DATE  REASONED  OPINION  SENT:  91/11/25 

90/0397 
157E030 
MARKETING  OF  WHOLEMEAL  BREAD 
DATE  REASONED  OPINION  SENT:  91/03/18 

91/0835 
157E052;157E059 
FINANCIAL  SERVICES 
MOBILIARE 
DATE  REASONED  OPINION  SENT:  92/10/19 
DATE  OF  REFERRAL  : 94/03/23 
C-94/101 

SOCIETE  DSfTERMEDIAZIONE 

91/2159 
157E030; 
SUBSIDIES  FOR  SCHEDULED  BUS  SERVICES 
DATE  REASONED  OPINION  SENT:  93/10/18 
DATE  REASONED  OPINION  SENT-BIS  : 92/1019 

91/4303 
157E030; 
SUPPLY  CONTRACTS 
DATE  REASONED  OPINION  SENT:  93/06/18 

89/0106 
157E048;157E052 
REFUSAL  OF  PERMISSION  TO  OPEN  A  SECOND  DENTAL 
SURGERY 
DATE  REASONED  OPINION  SENT:  89/11/21 

142 

DD  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 

DATE  OF REFERRAL  : 90/11/29 
C-90/351 

DATE  OF  JUDGMENT  : 92/06/16 

COMMISSION 

DATE  ART  171 LETTER  SENT  : 93/07/27 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.  REF 
CASE 

PORTUGAL 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.TERM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

89/0568 
157E007 
STATE  COMPENSATION  FOR  VICTIMS  OF  ACTS  OF 
VIOLENCE 
DATE  REASONED  OPINION  SENT:  91/02/08 
DATE  OF  REFERRAL  : 92/03/24 
C-92/096 

90/0178 
157E030; 
COMPULSORY  PATENT  LICENCES 
DATE  REASONED  OPINION  SENT:  91/06/04 
95/12/13  : TERMINATION  DECISION 

91/2314 
157E052;157E221 
PURSUIT OF ACTIVITIES IN TELEVISION BROADCASTING 
DATE  REASONED  OPINION  SENT:  94/07/14 

UNITED  KINGDOM 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 

82/0320 
157E030 
REFUSAL  TO  ISSUE  IMPORT  LICENCES  FOR  CODEINE 
DATE  REASONED  OPINION  SENT:  83/09/06 

NUMBER 
LEG  BASE 
TITLE 
DD  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

89/0034 
157E030 
PATENT  LICENCES 
DATE  REASONED  OPINION  SENT:  89/08/28 
DATE  OF REFERRAL  : 90/01/31 
C-90/030 

DATE  OF  JUDGMENT  : 92/02/18 

COMMISSION 

143 

CUSTOMS  AND  INDIRECT  TAXATION 

BELGIUM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 

DENMARK 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

GERMANY 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 

GREECE 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 
DD.  REF 
CASE 

84/0342 
157E009; 157E028;368R0950 
DUTY-FREE  IMPORTS  OF  NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  85/07/25 

91/4164 
157E095;157E012 
AIDS  AND PARAFISCAL  CHARGES  TO  SUPPORT  ANIMAL 
HEALTH  AND  PROTECTION  FUND 
DATE  REASONED  OPINION  SENT:  95/06/14 

84/0343 
157E009; 157E028;368R0950 
DUTY-FREE  IMPORTS  OF NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  85/07/25 

91/0559 
385R1999;386R3677; 
INWARD  PROCESSING 
DATE  REASONED  OPINION  SENT:  93/02/03 
DATE  OF  REFERRAL  : 94/02/14 
C-94/0761 

86/0126 
157E009 ; 157E028 ; 368R0950 
DUTY-FREE  IMPORTS  OF NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  90/05/02 

91/0779 
157E095; 
TAXES  ON  SECONDHAND  CARS 
DATE  REASONED  OPINION  SENT:  93/09/07 
DATE  OF  REFERRAL  : 95/12/01 
C-95/375 

144 

SPAIN 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

ITALY 

NUMBER 
LEG  BASE 
TITLE 
DD.  RO 

NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
PD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 
DD.  REF 
CASE 
DATE  JUDGMENT 
JUFOR 
DATE  171  LETTER 
NUMBER 
LEG.  BASE 
TITLE 

DD.  RO 
DD.TERM 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

LUXEMBOURG 

90/0078 
387R2658;  157E028 
DUTY-FREE  IMPORTS  OF NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  92/12/31 

84/0345 
157E009; 157E028;368R0950 
DUTY-FREE  IMPORTS  OF NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  85/07/25 

87/0158 
157E009;157E012 
VETERINARY SERVICES' TELEGRAM CHARGES INVOICED 
TO IMPORTERS  OF  LIVE  ANIMALS 
DATE  REASONED  OPINION  SENT:  87/10/14 
DATE  OF  REFERRAL  : 89/04/21 
C-89/137 

DATE  OF  JUDGMENT  : 90/03/14 

COMMISSION 

90/0253 
157E007; 157E030; 157E034; 157E059;385R3632;377R0222 
MONOPOLY  AND  CHARGES 
DATE  REASONED  OPINION  SENT:  91/04/16 
DATE  OF  REFERRAL  : 92/04/14 
C-92/119 

DATE  OF  JUDGMENT  : 94/02/09 

COMMISSION 

DATE  ART  171 LETTER  SENT-BIS  : 95/11/16 

92/2001 
377R0222;387R2658 
NATIONAL  TRANSIT  -  GUARANTEES  AND  FLAT-RATE 
CUSTOMS  DUTIES 
DATE  REASONED  OPINION  SENT:  93/11/15 
95/06/28  : TERMINATION  DECISION 

93/2170 
157E095 
VEHICLE  SEIZED  AT  ITALIAN  BORDER 
DATE  REASONED  OPINION  SENT:  95/07/27 

NUMBER 
LEG.  BASE 

84/0346 
157E009; 157E028;368R0950 

145 

TITLE 
DD  RO 

DUTY-FREE  IMPORTS  OF  NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  85/07/25 

NETHERLANDS 

NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

PORTUGAL 

NUMBER 
LEG  BASE 
TITLE 
DD.  RO 

84/0347 
157E009; 157E028;368R0950 
DUTY-FREE  IMPORTS  OF NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  85/07/25 

90/0079 
387R2658;  157E028 
DUTY-FREE  IMPORTS  OF NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  93/01/20 

UNITED  KINGDOM 

NUMBER 
LEG  BASE 
TITLE 

DD.  RO 
NUMBER 
LEG.  BASE 
TITLE 
DD.  RO 

IMPORTED  DUTY-FREE  AND 

84/0126 
377R1535 
CIVIL  AIRCRAFT 
SUBSEQUENTLY  USED  AS MILITARY  AIRCRAFT 
DATE REASONED  OPINION  SENT:  85/06/06 
84/0344 
157E009; 157E028;368R0950 
DUTY-FREE  IMPORTS  OF  NON-MILITARY  EQUIPMENT 
DATE  REASONED  OPINION  SENT:  85/07/25 

ENTERPRISE  POLICY,  TOURISM  AND  COOPERATIVES 

SPAIN 

NUMBER 
LEG.  BASE 
TITLE 
DD  RO 
DD  REF 
CASE 
DATE  JUDGMENT 
JUFOR 

87/0352 
157E059;157E048;157E052;157E007 
DISCRIMINATION  IN MUSEUM  ADMISSION  CHARGES 
DATE  REASONED  OPINION  SENT:  88/07/08 
DATE  OF  REFERRAL  : 93/02/16 
C-93/045 

DATE  OF  JUDGMENT  : 94/03/15 

COMMISSION 

146 

LEGAL  MATTERS 

LUXEMBOURG 
NUMBER 
LEG.  BASE 
TITLE 

: 

DD  RO 
DD.TERM 

: 

88/0309 
386D0198 
PRIVILEGED  TREATMENT  FOR  CLAIMS  RELATING  TO 
ECSC  LEVIES 
DATE  REASONED  OPINION  SENT:  89/06/28 
95/12/13  : TERMINATION  DECISION 

147 

ANNEX IV 

REPORT ON THE APPLICATION  OF DIRECTIVES 

148 

151 

151 

152 

152 

216 

CONTENTS 

1. AN  AREA  WITHOUT  INTERNAL  FRONTIERS 

REMOVAL  OF  PHYSICAL  BARRIERS 

Customs  Union 

REMOVAL  OF  TECHNICAL  BARRIERS 

Goods 

Technical  standards  notification  procedure 

Foodstuffs 

Proprietary  medicinal  products 

Chemicals 

Motor  vehicles, tractors  and  motorcycles 

Construction  products 

Machinery 

Free  movement  -  special  arrangements 

Persons 

Right  of  residence 

Voting  rights 

Mutual  recognition  of  diplomas 

Self-employed  commercial  agents 

149 

Services 

\ 

Audiovisual media 

Telecommunications 

Financial  services 

Company law 

Intellectual  and industrial property 

Public contracts 

REMOVAL OF TAX BARRIERS 

Direct taxation 

Indirect taxes 

2. 

CONSUMER PROTECTION AND PRODUCT 

SAFETY 

COMPETITION 

EMPLOYMENT AND SOCIAL POLICY 

AGRICULTURE 

ENVIRONMENT 

TRANSPORT 

ENERGY 

3. 

4. 

5. 

6. 

7. 

$. 

228 

240 

242 

244 

248 

255 

264 

265 

278 

354 

386 

394 

150 

1. AN  AREA  WITHOUT INTERNAL FRONTIERS 

REMOVAL OF PHYSICAL BARRIERS 

Customs  Union 

76/0308 
Mutual  assistance  - debt  recovery 
Member  States  which  have  notified  implementing  measures:  all 

77/0794 
Mutual  assistance  - debt  recovery 
Member  States  which  have  notified  implementing  measures: all 

79/1071 
Mutual  assistance  - debts 
Member  States  which  have  notified  implementing  measures:  all 

85/0479 
Mutual  assistance  - debt  recovery 
Member  States  which  have  notified  implementing  measures: all 

86/0489 
Mutual  assistance  - debt  recovery 
Member  States  which  have  notified  implementing  measures:  all 

151 

REMOVAL OF TECHNICAL BARRIERS 

Goods 

Technical  standards  notification  procedure 

83/0189 
Technical  standards  (amended  by  Directives  88/0182  and  94/0010) 
Member  States  which  have  notified  implementing  measures: all 
(for  Directives  83/0189 and  88/0182) 

Belgium  - 95/0008, not  properly  applied,  reasoned  opinion  in  1995 
Belgium  - 95/0009, not  properly  applied,  reasoned  opinion  in  1995 
Belgium  - 95/0211,  not  properly  applied,  reasoned  opinion  in  1995 
France - 94/0441,  not  properly  applied,  reasoned  opinion  in  1995 
France - 95/0645, not  properly  applied,  reasoned  opinion  in  1995 
Greece  - 93/0508, not  properly  applied,  reasoned  opinion  in  1994 
Greece  - 93/0616, not  properly  applied,  reasoned  opinion  in  1993 
Greece  - 94/0398, not  properly  applied,  reasoned  opinion  in  1994 
Italy  - 92/0007, not  properly  applied,  reasoned  opinion  in  1992, 

referral  in  1994  -  Case  C-94/289 

Italy  - 92/0958, not  properly  applied,  reasoned  opinion  in  1993, 

referral  in  1994  - Case  C-94/279 

Italy  -  92/0570,  not  properly  applied,  reasoned  opinion  in  1993, 

terminated  in  1995 

Italy  - 93/0808, not  properly  applied,  reasoned  opinion  in  1994 
Italy - 94/0330, not  properly  applied,  reasoned  opinion  in  1995 
Italy  -  94/0530,  not  properly  applied,  reasoned  opinion  in  1994, 

referral  in  1995 

Italy  - 95/0005, not  properly  applied,  reasoned  opinion  in  1995 
Italy  - 95/0011,  not  properly  applied,  reasoned  opinion  in  1995 
Netheriands  -  89/0549,  not  properly  applied,  referral  in  1993  -  Case 

C-93/061, judgment  in  1994 

Netheriands - 93/0510, not properly applied, reasoned opinion in 1993 
Netheriands - 94/0461, not properly applied, reasoned opinion in 1994 
Netheriands - 94/0615, not properly applied, reasoned opinion in 1994 
Netheriands - 94/0777, not properly applied, reasoned opinion in 1994 

152 

88/0182 
Technical  standards  (amending  Directive  83/0189) 
Member  States  which  have  notified  implementing  measures: all 

Italy  -  91/0565,  not  properly  applied,  referral  in  1994  -  Case 

C-94/289 

Italy  -  92/0646, not  properly  applied,  reasoned  opinion  in  1993 
Netheriands 

-  91/0747,  not  properly  applied,  referral  in  1993  -

Case  C-93/052, judgment  in  1994 

Netheriands 

-  91/2328,  not  properly  applied,  referral  in  1994  -

Case  C-94/273 
Italy  -  93/0614,  not  properly  applied,  referral 

in  1995,  Case 

C-95/289 

Netheriands 

-  93/2267, not properly applied, reasoned opinion in 

1994 

94/0010 
Technical  standards  (amendment  of Directive  83/189) 
Member  States  which  have  notified  implementing  measures:  all  except  A, 
EL,  IRL,  I 

Foodstuffs 

62/2645 
Foodstuffs  for  human  consumption  - colouring  matter 
Member  States  which  have  notified  implementing  measures:  all  except  A 

64/0054 
Foodstuffs  for  human  consumption  -  preservatives 
Member  States  which  have  notified  implementing  measures:  all 

65/0066 
Foodstuffs  for  human  consumption  -  preservatives 
Member  States  which  have  notified  implementing  measures:  all 

153 

67/0427 
Additives  in  foodstuffs 
Member  States  which  have  notified  implementing  measures:  all 

70/0357 
Foodstuffs  for  human  consumption  -  additives 
Member  States  which  have  notified  implementing  measures:  all 

73/0241 
Cocoa  and  chocolate 
Member  States  which  have  notified  implementing  measures: all 

73/0437 
Sugars 
Member  States  which  have  notified  implementing  measures: all 

74/0329 
Foodstuffs  for  human  consumption  -  additives 
Member  States  which  have  notified  implementing  measures:  all 

74/0409 
Honey 
Member  States  which  have  notified  implementing  measures:  all 

Italy - 91/42435, not properly  applied, reasoned  opinion to be sent  in 

1996 

75/0726 
Fruit juices 
Member  States  which  have  notified  implementing  measures:  all  except  A 

76/0118 
Preserved  milk 
Member  States  which  have  notified  implementing  measures:  all  except  A 

154 

76/0621 
Foodstuffs  for  human  consumption  - oils  and  fats 
Member  States  which  have  notified  implementing  measures:  all 

77/0436 
Coffee  and  chicory 
Member  States  which  have  notified  implementing  measures: all 

78/0142 
Foodstuffs  for human consumption - materials intended to come into contact 
Member  States  which  have  notified  implementing  measures:  all 

78/0663 
Foodstuffs  for  human  consumption  -  additives 
Member  States  which  have  notified  implementing  measures:  all 

78/0664 
Foodstuffs  for  human  consumption  -  additives 
Member  States  which  have  notified  implementing  measures: all 

79/0112 
Labelling  of  foodstuffs 
Member  States  which  have  notified  implementing  measures:  all 

Germany  - 93/2201,  not  properly  applied,  Art.  169 letter  in  1994 
Germany  -  94/4512, not  properly  applied 
Germany -  94/4880,  not  properly  applied 
Belgium  -  94/4005, not  properly  applied 
Greece  - 93/2273, not  properly  applied 
Greece  -  93/4345, not  properly  applied,  Art.  169 letter  in  1995 
France -  90/278, not properly  applied,  Art.  169 letter  in  1990 
Portugal  -  92/4699, not  properly  applied 

79/0168 
Fruit juices 
Member  States  which  have  notified  implementing  measures:  all 

155 

79/0693 
Jams, jellies  and  marmalades 
Member  States  which  have  notified  implementing  measures:  ail 

79/0796 
Sugars 
Member  States  which  have  notified  implementing  measures:  all 

79/1066 
Coffee  and  chicory 
Member  States  which  have  notified  implementing  measures:  all 

79/1067 
Preserved  milk 
Member  States  which  have  notified  implementing  measures:  all  except  A 

80/0590 
Foodstuffs  for human consumption - materials intended to come into contact 
Member  States  which  have  notified  implementing  measures:  all 

80/0766 
Foodstuffs  for human consumption - materials intended to come into contact 
Member  States  which  have  notified  implementing  measures:  all 

80/0777 
Natural  mineral  waters 
Member  States  which  have  notified  implementing  measures:  all 

80/0891 
Foodstuffs  for  human  consumption  -  oils  and  fats 
Member  States  which  have  notified  implementing  measures:  all 

81/0432 
Foodstuffs  for human consumption - materials intended to come into contact 
Member  States  which  have  notified  implementing  measures:  all 

156 

81/0712 
Additives  in  foodstuffs 
Member  States  which  have  notified  implementing  measures:  all 

82/0711 
Foodstuffs  for human consumption - materials intended to come into contact 
Member  States  which  have  notified  implementing  measures: all. 

83/0417 
Caseins 
Member  States  which  have  notified  implementing  measures:  all  except  A 

83/0463 
Labelling  of  foodstuffs 
Member  States  which  have  notified  implementing  measures: all. 

84/0500 
Foodstuffs  for human consumption - materials intended to come into contact 
Member  States  which  have  notified  implementing  measures:  all 

85/0503 
Caseins 
Member  States  which  have  notified  implementing  measures:  all  except  A 

85/0572 
Foodstuffs  - articles  intended  to  come  into  contact 
Member  States  which  have notified  implementing  measures:  all 

85/0591 
Monitoring  of  foodstuffs  for  human  consumption 
Member  States  which  have  notified  implementing  measures:  all  except  A 

86/0424 
Caseins 
Member  States  which  have  notified  implementing  measures:  all  except  A 

157 

87/0250 
Labelling  of  alcoholic  beverages 
Member  States  which  have  notified  implementing  measures: all 

87/0524 
Preserved  milk 
Member  States  which  have  notified  implementing  measures: all 
except  A 

88/0344 
Foodstuffs  for  human  consumption  - extraction  solvents 
Member  States  which  have  notified  implementing  measures: all. 

88/0388 
Flavourings  for  use  in  foodstuffs  for  human  consumption 
Member  States  which  have  notified  implementing  measures: all 
except  A 

88/0593 
Jams, jellies  and  marmalades 
Member  States  which  have  notified  implementing  measures:  all 

89/0107 
Additives  in  foodstuffs 
Member  States  which  have  notified  implementing  measures: all 

Netheriands  - 93/2274,  not properly  applied 

89/0108 
Quick-frozen  foodstuffs 
Member  States  which  have  notified  implementing  measures: all 

Spain - 92/4047, not  properly  applied,  reasoned  opinion  in  1994 

89/0109 
Foodstuffs  for human consumption - materials intended to come into contact 
Member  States  which  have  notified  implementing  measures: all 

158 

89/0344 
Cocoa  and  chocolate 
Member  States  which  have  notified  implementing  measures:  all 

89/0394 
Fruit juices 
Member  States  which  have  notified  implementing  measures:  all 

89/0395 
Foodstuffs  -  labelling 
Member  States  which  have  notified  implementing  measures: all. 

89/0396 
Foodstuffs  -  identification  of  lot 
Member  States  which  have  notified  implementing  measures:  all 

89/0397 
Foodstuffs  -  official  control 
Member  States  which  have  notified  implementing  measures: all. 

89/0398 
Foodstuffs  for  particular  nutritional  use 
Member  States  which  have  notified  implementing  measures:  all. 

90/0128 
Foodstuffs  -  materials  intended  to  come  into  contact 
Member  States  which  have  notified  implementing  measures:  all. 

90/0496 
Labelling  of  foodstuffs 
Member  States  which  have  notified  implementing  measures:  all. 

Germany  -  92/0585, no measures notified,  reasoned  opinion in  1993, 

terminated  in  1995 

159 

90/0612 
Foodstuffs  for  human  consumption  -  additives 
Member  States  which  have  notified  implementing  measures:  all 

91/0071 
Foodstuffs  for  human  consumption  -  flavourings  (deadlines  for  transposai: 
30.6.92  and  1.1.94) 
Member  States  which  have  notified  implementing  measures: all. 

91/0072 
Labelling  of  foodstuffs 
(deadlines  for  transposai:  30.06.92  and  01.01.94) 
Member  States  which  have  notified  implementing  measures:  all. 

91/0238 
Labelling  of  foodstuffs  - indication  of  lot 
Member  States  which  have  notified  implementing  measures:  all  except  F 

91/0321 
Infant  formulae  (deadlines  for  transposai:  01.06.92  and  01.06.94) 
Member  States  which  have  notified  implementing measures:  all  except  D 

Germany - 92/0971, no  measures  notified,  reasoned  opinion  in  1993 
Germany  - 93/808  - no  measures  notified,  Art.  169 letter  in  1995 

92/0001 
Quick-frozen  foodstuffs 
Member  States which have notified  implementing measures: B, D, DK, EL, 
E,  I,  L,  NL,  P, UK,  S, FIN, 

Germany  -  93/0907, no  measures  notified,  Art.  169 letter  in  1993 

(to  be terminated  in  1996) 

France -  93/0923, no  measures  notified,  Art.  169 letter  in  1993 
Ireland -  93/0934,  no  measures  notified,  Art.  169 letter  in  1993 
93/0929, no  measures  notified,  Art.  169 letter  in  1993 
Italy  - 

(to  be terminated  in  1996) 

160 

92/0002 
Community method of analysis  for the control of the temperatures of quick-
frozen  foods 
Member  States which have notified  implementing  measures: B, D, DK, EL, 
ES,  IT, L, NL,  P,  UK,  S,  FIN, 

Germany  - 93/0908, no  measures  notified,  Art.  169 letter  in  1993 

(to  be  terminated  in  1996) 

France - 93/0924, no  measures  notified,  Art.  169 letter  in  1993 
Ireland -  93/0935, no  measures  notified,  Art.  169 letter  in  1993 
Italy - 93/0930,  no  measures  notified,  Art.  169 letter  in  1993 

(to  be  terminated  in  1996) 

92/0004 
Criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for 
use  in  foodstuffs 
Member  States  which  have  notified  implementing  measures: all. 

92/0039 
Foodstuffs  for human consumption - materials intended to come into contact 
(deadlines  for  transposai:  31.12.92,  31.03.94,  01.04.95) 
Member  States  which  have  notified  implementing  measures: all. 

Germany  - 93/0075, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

92/0052 
Infant  formulae  for  export 
Member  States which have notified  implementing  measures: B, DK, E, EL, 
F,  IRL,  I, L, NL,  UK,  S, FIN  A. 

Germany  - 94/0646,  no  measures  notified,  Art.  169 letter  in  1994 

92/0115 
Extraction  solvents  used  in  the  production  of  foodstuffs 
(deadlines  for  transposai:  01.07.93  and  01.01.94) 
Member  States  which  have  notified  implementing  measures:  all. 

93/0005 
Scientific  examination  of  questions  relating  to  food 
Member  States  which  have  notified  implementing  measures:  all  except  A. 

161 

93/0008 
Plastic  materials  and  articles  intended  to  come  into  contact  with  foodstuffs 
Member  States  which  have  notified  implementing  measures:  all 

93/0009 
Plastic  materials  and  articles  intended  to  come  into  contact  with  foodstuffs 
Member  States  which  have  notified  implementing  measures:  all 

93/0010 
Materials  and  articles  of  regenerated  cellulose  film  intended  to  come  into 
contact  with  foodstuffs 
Member  States  which  have  notified  implementing  measures:  all  except  EL 

Greece  94/0991,  no  measures  notified,  Art.  169 letter  in  1995 

93/0011 
N-nitrosamines  in rubber  teats  and  soothers 
Member  States  which  have  notified  implementing  measures:  all 

Greece  -  94/0544, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  95 

France  - 94/0557, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

93/0043 
Foodstuffs  -  hygiene 
Member  States which have notified  implementing  measures: FIN, A, S, NL 

93/0045 
Nectars  without  addition  of  sugar  or  honey 
Member States which have notified  implementing measures: all except A, IT 

Italy  - 94/0252, no  measures  notified,  Art.  169 letter  in  1994, 

reasoned  opinion  in  1995 

93/0099 
Foodstuffs  -  official  control 
Member  States  which  have  notified  implementing  measures: A, B, D,  DK, 
ES, NL,  S 

162 

Belgium  95/400  - no  measures  notified,  Art.  169 letter  in  1995 

(to  be  terminated  in  1996) 

Denmark 95/422  - no  measures  notified,  Art.  169 letter  in  1995 

(to  be terminated  in  1996) 

Germany  95/434-  no  measures  notified,  Art.  169 letter  in  1995 

(to  be terminated  in  1996) 

Greece  -  95/455, no  measures  notified,  Art.  169 letter  in  1995 
France -  94/0560,- no  measures  notified,  Art.  169 letter  in  1995 
Ireland -  95/0525, - no  measures  notified,  Art.  169 letter  in  1995 
Italy 95/546-  no  measures  notified,  Art.  169 letter  in  1995 
Luxembourg - 95/0569- no measures  notified,  Art.  169 letter in  1995 
Portugal-  95/607- no  measures  notified,  Art.  169 letter  in  1995 
United Kingdom -  95/633-  no  measures  notified,  Art.  169  letter  in 

1995 

93/0102 
Labelling  of  foodstuffs 
Member  States which have notified  implementing  measures: B, D, DK, EL, 
E,  F,FIN,  IRL, L, NL, P. 

Belgium  95/231  - no  measures  notified,  Art.  169 letter  in  1995 

(to  be terminated  in  1996) 

Italy  95/320- no  measures  notified,  Art.  169 letter  in  1995 
United Kingdom 95/378- no measures notified, Art.  169 letter in  1995 

94/0035 
Foodstuffs  -  sweeteners 
Member States which have notified  implementing measures: EL, L, NL, UK 

94/0036 
Foodstuffs  for  human  consumption  - colouring  matter 
Member States which have notified  implementing measures: B (partial), EL, 
L, NL,  UK 

94/0052 
Extraction  solvents  used  in the  production  of  foodstuffs 
Member  States  which  have  notified  implementing  measures: L, NL,  UK 

163 

94/0054 
Labelling  of  foodstuffs 
Member  States  which  have  notified  implementing  measures: B, DK 

Belgium: 95/0408 Art.  169 letter in  1995 - (to be terminated  in  1996) 
Denmark: 95/0426 Art.  169 letter in  1995 - (to be terminated in 1996) 
Germany: 95/0441 Art.  169 letter  in  1995 -
Greece: 95/0464  Art.  169 letter  in  1995 -
Spain:  95/0490  Art.  169 letter  in  1995 -
France 95/0512 Art.  169 letter  in  1995 -
Ireland: 95/0531 Art.  169 letter  in  1995 -
Italy: 95/0554  Art.  169 letter  in  1995 -
Luxembourg:  95/0577  Art.  169 letter  in  1995 -
Netheriands: 95/0594  Art.  169 letter  in  1995 -
Portugal: 95/0619 Art.  169 letter  in  1995 -
United Kingdom: 95/0638  Art.  169 letter  in  1995 -

Proprietary  medicinal  products 

65/0065 
Proprietary  medicinal  products 
Member  States which  have  notified  implementing  measures: all 

75/0318 
Proprietary  medicinal  products  - analytical  standards  and  protocols 
Member  States which  have  notified  implementing  measures: all 

75/0319 
Proprietary  medicinal  products 
Member  States  which  have  notified  implementing  measures:  all  except  A 
(partial) 

78/0025 
Medicinal  products  - colouring  matter 
Member  States  which  have  notified  implementing  measures: all 

164 

80/0342 
Pharmacy 
Member  States  which  have  notified  implementing  measures: all 

81/0851 
Veterinary  medicinal  products 
Member  States  which  have  notified  implementing  measures: all 

81/0852 
Veterinary  medicinal  products 
Member  States  which  have  notified  implementing  measures: all 

83/0570 
Proprietary  medicinal  products  -  multi-States  procedure" 
Member  States  which  have  notified  implementing  measures: all 

87/0019 
Proprietary  medicinal  products  - analytical  standards  and  protocols 
Member  States  which  have  notified  implementing  measures: all  except  A 

87/0020 
Veterinary  medicinal  products  - analytical  standards  and  protocols 
Member  States  which  have  notified  implementing  measures: all  except  A 

87/0021 
Proprietary  medicinal  products 
Member  States  which  have  notified  implementing  measures: all 

87/0022 
High-technology  medicinal  products 
Member  States which have notified  implementing measures: all except FIN 

89/0105 
Prices  of  medicinal  products 
Member  States  which  have  notified  implementing  measures: all 

165 

89/0341 
Proprietary  medicinal  products 
Member  States  which  have  notified  implementing  measures: all 

89/0342 
Immunological  medicinal  products 
Member  States which  have notified  implementing  measures: all. 

89/0343 
Radiopharmaceuticals 
Member States which have notified  implementing measures: B, DK, D, EL, 
E,  I, F, FIN, IRL, L, NL, P,  S, UK. 

89/0381 
Medicinal  products  derived  from  human  blood 
Member  States which  have notified  implementing  measures: A, B, D, DK, 
EL, E, F, FIN, IRL, I, L, P,S, UK. 

The Netheriands  - 92/0438, no  measures  notified,  reasoned  opinion h 

1993 

90/0676 
Veterinary  medicinal  products 
Member  States which have notified  implementing  measures: A, B, DK, D, 
EL, E, F, FIN,  I, L, NL,  S, UK. 

Spain - 93/0193,  no  measures  notified,  Art.  169 letter  in  1993, 

en  1994, terminated  in  1995 

Ireland - 93/0276, no measures  notified,  reasoned  opinion  in  1994 
Portugal  - 93/0438  no  measures  notified,  Art.  169 letter  in  1993, 

reasoned  opinion  in  1994 

90/0677 
Immunological  veterinary  medicinal  products 
Member  States  which  have  notified  implementing  measures: A, B, DK,  E, 
EL, F, FIN,  I, L, NL, P, S. 

Spain - 93/0548, no measures  notified,  Art.  169 letter  in  1993, 

referral  in  1994, terminated  in  1995 

166 

Ireland - 93/0562, no  measures  notified,  reasoned  opinion  in  1994 

91/0356 
Good  manufacturing  practice  for  medicinal  products 
Member  States  which  have  notified  implementing  measures: all 

91/0412 
Principles  and  guidelines  of  good  manufacturing  practice  for  veterinary 
medicinal  products 
Member  States  which have  notified  implementing  measures: A, B, DK, D, 
FIN,  L, NL,  S. 

Greece - 93/0915, no  measures  notified,  Art.  169 letter  in  1993, 

reasoned  opinion  in  1994 

Spain - 93/0918, no measures  notified,  Art.  169 letter  in  1993, 

reasoned  opinion  in  1994 

France - 93/0921,  no  measures  notified,  Art.  169 letter  in  1993, 

reasoned  opinion  in  1994 

Ireland - 93/0932, no  measures  notified,  Art.  169 letter  in  1993, 

reasoned  opinion  in  1994 

Italy - 93/0927, no  measures  notified,  Art.  169 letter  in  1993 
Portugal  - 93/0944, no  measures  notified,  Art.  169 letter  in  1993, 

reasoned  opinion  in  1994 

United  Kingdom  93/0950,  no  measures  notified,  Art.  169  letter  in 

1993, 
reasoned  opinion  in  1994 

91/0507 
Testing  of medicinal  products 
Member States which have notified  implementing measures: B, D, DK, EL, 
E,  FIN, IRL, I, L, NL, P,  S, UK. 

France - 92/0228, no  measures  notified,  reasoned  opinion  in  1994 

92/0018 
Veterinary  medicinal products  - analytical  standards  and  protocols 
Member  States which have notified  implementing measures: A, B, DK, EL, 
ES  , FIN,  I, L, NL, P, S, UK. 

Germany  - 93/0525, no  measures  notified,  Art.  169  letter  in  1993 

167 

Spain  -  93/0549,  no  measures  notified,  Art.  169  letter  in  1993, 

referral  in  1994,  terminated  in  1995 

France  -  93/0556,  no  measures  notified,  Art.  169  letter  in  1993, 

reasoned  opinion  in  1994 

Ireland  -  93/0563,  no  measures  notified,  Art.  169  letter  in  1993, 

reasoned  opinion  in  1994 

Portugal  -  93/589,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Netheriands  -  93/0584,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

92/0025 
Wholesale  distribution  of  medicinal  products 
Member  States which  have  notified  implementing  measures: A,  B, DK,  ES, 
EL,  F,  FIN,  IRL,  I, NL,  P,  S,  UK. 

Germany  -  93/0084,  no  measures  notified,  Art.  169  letter  in  1993, 

referral  in  1994 

Spain  -  93/0175,  no  measures  notified,  Art.  169  letter  in  1993, 

reasoned  opinion  in  1994,  terminated  in  1995 
Luxembourg  93/0336,  no  measures  notified,  Art.  169  letter  in  1993, 

referral  in  1994 

Portugal  -  93/0418,  no  measures  notified,  Art.  169  letter  in  1993, 

reasoned  opinion  in  1994,  terminated  in  1995 

92/0026 
Classification  for  the  supply  of  medicinal  products 
Member  States  which  have  notified  implementing  measures:  A,  B,  D,  DK, 
EL,  E,  F,  FIN,  IRL,  I,  L,  NL,  P,  S,  UK. 

Germany  -  93/0083, no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

France  -  93/0219,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Portugal  -  93/0417,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

92/0027 
Labelling  of  medicinal  products  and  package  leaflets 
Member  States  which  have  notified  implementing  measures:  all 

168 

Germany - 93/0082, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

France - 93/0218, no measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Netheriands - 93/0378, no measures  notified,  Art.  169 letter in  1993, 

terminated  in  1995 

Portugal - 93/0416, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

92/0028 
Advertising  of medicinal  products 
Member  States which  have  notified  implementing  measures: all  except  F. 

Belgium - 93/0011,  no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Germany - 93/0081, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Spain - 93/0172, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

France - 93/0217, no  measures  notified,  Art.  169 letter  in  1993 
Netheriands - 93/0377, no measures  notified,  Art.  169 letter in  1993, 

terminated  in  1995 

Portugal  - 93/0415, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

United  Kingdom  93/0462,  no  measures  notified,  Art.  169  letter  in 

1993, 

terminated  in  1995 

92/0073 
Homeopathic  medicinal  products  for  human  use 
Member States which have notified  implementing measures: A, FIN, S, DK, 
D,  F, IRL, I, UK 

Belgium - 94/0014, no  measures  notified,  Art.  169 letter  in  1994 
Denmark - 94/0045, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Germany - 94/0076, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Greece - 94/0119, no  measures  notified,  Art.  169 letter  in  1994 
Spain - 94/0143, no  measures  notified,  Art.  169 letter  in  1994 
France - 94/0176, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Ireland - 94/0208, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

169 

Italy - 94/0241,  no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Luxembourg - 94/0275, no measures  notified,  Art.  169 letter in  1994 
Netheriands - 94/0309, no  measures  notified,  Art.  169 letter  in  1994 
Portugal  - 94/0340, no measures  notified,  Art.  169 letter  in  1994 

92/0074 
Homeopathic  veterinary  medicinal  products 
Member States which have notified  implementing measures: A, D, DK, ES, 
FIN, I,  S, NL, UK 

Belgium - 94/0015, no  measures  notified,  Art.  169 letter  in  1994 
Denmark - 94/0046, no  measures  notified,  Art.  169 letter  in  1994 

terminated  in  1995 

Germany - 94/0077, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Greece - 94/0118, no  measures  notified,  Art.  169 letter  in  1994 
Spain - 94/0144, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1996 

France - 94/0177, no  measures  notified,  Art.  169 letter  in  1994 
Ireland - 94/0209, no  measures  notified,  Art.  169 letter  in  1994 
Italy - 94/0242, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1996 

Luxembourg - 94/0276, no measures notified,  Art  169 letter in  1994 
Netheriands  94/310 - no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1996 

Portugal  - 94/0341,  no  measures  notified,  Art.  169 letter  in  1994 
United Kingdom -  94/0375, no  measures  notified,  Art.  169 letter  in 

1994, 

terminated  in  1995 

93/0039 
Medicines 
Member  States  which  have  notified  implementing  measures: all  except  A 

93/0040 
Veterinary  medicinal  products 
Member  States  which  have  notified  implementing  measures: all except  A 

170 

93/0041 
High-technology  medicinal  products 
Member  States  which  have  notified  implementing  measures:  all  except  A, 
FIN 

Chemicals 

73/0404 
Detergents 
Member  States which  have  notified  implementing  measures: all 

73/0405 
Detergents 
Member  States  which  have  notified  implementing  measures: all 

76/0116 
Fertilizers 
Member  States  which  have  notified  implementing  measures: all 

76/0769 
Dangerous  substances  and  preparations 
Member  States which  have notified  implementing  measures: all 

77/0535 
Fertilizers 
Member  States which  have  notified  implementing  measures: all 

78/0631 
Labelling  of dangerous preparations  (pesticides) 
Member  States  which  have  notified  implementing  measures: all 

79/0138 
Fertilizers 
Member  States which  have  notified  implementing  measures: all 

171 

79/0663 
Dangerous  substances  and  preparations 
Member  States  which  have  notified  implementing  measures: all 

80/0876 
Fertilizers 
Member  States  which  have  notified  implementing  measures: all 

81/0187 
Pesticides 
Member  States  which  have notified  implementing  measures: all 

82/0242 
Detergents 
Member  States  which  have  notified  implementing  measures: all 

82/0243 
Detergents 
Member  States  which  have notified  implementing  measures: all 

82/0806 
Dangerous  substances  and  preparations 
Member  States  which  have  notified  implementing  measures: all 

82/0828 
Dangerous  substances  and  preparations 
Member  States  which  have notified  implementing  measures: all 

83/0264 
Dangerous  substances  and  preparations 
Member  States  which  have  notified  implementing  measures: all 

83/0478 
Dangerous  substances  and  preparations 
Member  States  which  have  notified  implementing  measures: all 

172 

84/0291 
Dangerous  preparations  (pesticides) 
Member  States  which  have  notified  implementing  measures: all 

85/0467 
Dangerous  substances  and  preparations 
Member  States  which  have  notified  implementing  measures: all 

85/0610 
Dangerous  substances  and  preparations 
Member  States which  have  notified  implementing  measures: all 

87/0094 
Fertilizers 
Member  States  which  have notified  implementing  measures: all 

87/0566 
Fertilizers 
Member  States which  have  notified  implementing  measures: all 

88/0126 
Fertilizers 
Member  States which  have  notified  implementing  measures: all 

88/0183 
Liquid  fertilizers 
Member  States  which have  notified  implementing  measures: all 

88/0379 
Dangerous  preparations 
Member  States  which  have  notified  implementing  measures: all. 

89/0178 
Labelling  of dangerous  preparations 
Member  States which  have  notified  implementing  measures: all. 

173 

89/0284 
Fertilizers 
Member  States which  have notified  implementing  measures: all 

89/0519 
Fertilizers  -  sampling 
Member  States  which  have  notified  implementing  measures: all 

89/0530 
Fertilizers  - trace  elements 
Member  States which  have notified  implementing  measures: all. 

89/0677 
Dangerous  substances  and  preparations 
Member  States which  have  notified  implementing  measures: all. 

Luxembourg 92/0391, no measures notified,  Art.  169 letter in  1992, 

terminated  in  1995 

United  Kingdom  92/0538,  no  measures  notified,  Art.  169  letter  in 

1992, 
reasoned  opinion  in  1994, terminated  in  1995 

89/0678 
Dangerous  substances  and  preparations 
Member  States  which have  notified  implementing  measures: all 

90/0035 
Packaging  - child  safety 
Member  States which  have  notified  implementing  measures: all  except  A 

Luxembourg  -  91/0429,  no  measures  notified,  reasoned  opinion  in 

1992, 

terminated  in  1995 

United Kingdom - 91/0535, no measures  notified,  reasoned  opinion h 

1992, 

terminated  in  1995 

174 

90/0492 
Labelling  of  dangerous  preparations 
Member  States which have  notified  implementing  measures: all 

91/0155 
Dangerous  preparations 
Member  States which  have notified  implementing  measures: all  except  A 

Denmark- 92/0091, no measures notified,  reasoned opinion in 1994, 

terminated  in  1995 

Portugal  - 92/0485, no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

91/0173 
Dangerous  substances  and  preparations 
Member  States which  have  notified  implementing  measures: all. 

91/0338 
Dangerous  substances  and  preparations 
Member  States which  have  notified  implementing  measures: all  except  B. 

Belgium - 93/024, no  measures  notified,  reasoned  opinion  in  1995 

91/0339 
Dangerous  substances  and  preparations 
Member  States which  have  notified  implementing  measures: all  except  B 

Belgium - 92/0665, no  measures  notified,  reasoned  opinion  in  1993 
France  -  92/0778,  no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

Italy  -  92/0831,  no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

Portugal  - 92/0903, no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

175 

91/0442 
Child-resistant  fastenings 
Member  States which  have  notified  implementing  measures: all  except  A. 

United  Kingdom -  92/0931,  no  measures  notified,  Art.  169  letter  in 

1992, 

terminated  in  1995 

91/0659 
Dangerous  substances  and  preparations 
Member  States which  have  notified  implementing  measures: all except  B. 

Belgium - 93/0020, no  measures  notified,  reasoned  opinion  in  1994 
France - 93/0228, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Italy - 93/0307, no  measures  notified,  Art.  169 letter  in 1993, 

terminated  in  1995 

Netheriands  -  93/0385,  no  measures  notified,  reasoned  opinion  in 

1994, terminated  in  1995 

Portugal  - 93/0424, no  measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

92/0109 
Narcotic  drugs  and psychotropic  substances 
Member States which have notified  implementing measures: all except A, F, 
IT, ES. 

Spain - 93/0731, no  measures  notified,  Art.  169 letter  in 1993, 

reasoned  opinion  in  1994 

France - 93/0755, no  measures  notified,  Art.  169 letter  in 1993, 

reasoned  opinion  in  1994 

Ireland - 93/0780, no  measures  notified,  Art.  169 letter in  1993, 

terminated  in  1995 

Italy - 93/0800, no  measures  notified,  Art.  169 letter  in 1993, 

reasoned  opinion  in  1994 

Luxembourg  -  93/0823,  no  measures  notified,  reasoned  opinion  in 

1994, 

terminated  in  1995 

Portugal  - 93/0864, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

176 

93/0001 
Methods  of  sampling  and  analysis  for  fertilizers 
Member  States  which  have  notified  implementing  measures:  all  except  D 

Denmark  -  94/0410,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Germany  -  94/0415,  no  measures  notified,  Art.  169  letter  in  1994 
Greece  -  94/0426,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Spain  -  94/0436,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Italy  -  94/0467,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Luxembourg  - 94/0474, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

Portugal  -  94/0350,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Portugal  -  94/0490,no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

United  Kingdom  94/0382,  no  measures  notified,  Art.  169  letter  in 

1994, 

terminated  in  1995 

93/0015 
Placing  on  the  market  and  supervision  of  explosives  for  civil  uses 
(double  deadline  for  transposai:  30.09.93  and  30.06.94) 
Member  States  which  have  notified  implementing  measures:  B,  DK,  I,  L, 
NL,  P,  UK,  S,  A. 

Germany  -  94/0641,  no  measures  notified,  Art.  169  letter  in  1994 
Greece  -  94/0699,  no  measures  notified,  Art.  169  letter  in  1994 
Spain  -  94/0663, no  measures  notified,  Art.  169  letter  in  1994 
France  -  94/0676,  no  measures  notified,  Art.  169  letter  in  1994 

93/0018 
Dangerous  preparations 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  D, 
ES,  F,  FIN,  EL,  L,  UK,  S 

Belgium  -  94/0781,  no  measures  notified,  Art.  169  letter  in  1995 
Ireland  -  94/0856,  no  measures  notified,  Art.  169  letter  in  1995 
Netheriands  -  94/0912,  no  measures  notified,  Art.  169  letter  in  1995 

177 

Portugal  - no  measures  notified,  reasoned  opinion  in  1995 
Italy- 94/0875, no measures  notified,  reasoned  opinion  in  1995 

93/0046 
Drugs  -  precursors 
Member  States which have notified  implementing  measures: B, D, DK, ES, 
FIN,  EL, IRL, L, NL, P,  S, UK 

Belgium - 94/0403, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Germany - 94/0417, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Spain - 94/438, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Greece  - 94/0424, no  measures  notified,  Art.  169 letter  in  1994 

terminated  in  1995 

France - 94/0450, no  measures  notified,  Art.  169 letter  in  1994 
Ireland - 94/0460, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Italy - 94/0469, no measures  notified,  Art.  169 letter  in  1994 
Luxembourg - 94/0475, no measures notified,  Art.  169 letter in 1994, 

terminated  in  1995 

Netheriands - 94/0480, no measures notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Portugal  - 94/0492, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

93/0069 
Fertilizers 
Member States which have notified  implementing measures: A,DK, E, FIN, 
IRL, I, L, NL, P,  S, UK 

Belgium - 94/0520, no  measures  notified,  reasoned  opinion  in  1994 
Germany - 94/0792, no  measures  notified,  Art.  169 letter  in  1994 
France  - 94/0792, no  measures  notified,  Art.  169 letter  in  1994 
Greece  - 94/0792, no measures  notified,  Art.  169 letter  in  1994 

94/0060 
Restrictions  on marketing  of  dangerous  substances 
(CMT/soluble  aerosols/Creosote) 

178 

Member  States  which  have  notified  implementing  measures:A,  FIN,  S,  D, 
DK,  L,  NL 

95/0008 
Fertilizers 
Member States which have notified  implementing measures: DK, IRL, NL,B, 
A,  S,  FIN 

Motor  vehicles,  tractors  and  motorcycles 

70/0156 
Type-approval  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

70/0157 
Sound  level  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

70/0220 
Air  pollution  from  engines 
Member  States  which  have  notified  implementing  measures:  all 

70/0221 
Fuel  tanks 
Member  States  which  have  notified  implementing  measures:  all 

70/0222 
Mounting  of  motor-vehicle  registration  plates 
Member  States  which  have  notified  implementing  measures:  all 

70/0311 
Steering  equipment  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

179 

70/0387 
Doors  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

70/0388 
Audible  warning  devices  for  motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

71/0127 
Rear-view  mirrors  of motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

71/0320 
Braking  devices  of motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

72/0245 
Radio  interference  from  engines 
Member  States which  have  notified  implementing  measures: all 

72/0306 
Emission  of pollutants  from  diesel  engines 
Member  States  which  have  notified  implementing  measures: all 

73/0350 
Sound  level  of motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

74/0060 
Interior  fittings  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

74/0061 
Devices  to  prevent  the  unauthorized  use  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

180 

74/0132 
Braking  devices  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

74/0150 
Type-approval  of tractors 
Member  States which  have notified  implementing  measures: all 

74/0151 
Characteristics  of tractors 
Member  States  which  have notified  implementing  measures: all 

74/0152 
Maximum  speed  of tractors 
Member  States  which  have notified  implementing  measures: all 

74/0290 
Air pollution  from  engines 
Member  States which have notified  implementing  measures: all except FIN 

74/0297 
Interior  fittings  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

74/0346 
Rear-view mirrors  of  tractors 
Member  States  which  have  notified  implementing  measures: all 

74/0347 
Windscreen  wipers  of  tractors 
Member  States  which  have  notified  implementing  measures: all 

74/0408 
Interior  fittings  of motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

181 

74/0483 
External  projections  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

75/0321 
Steering  equipment  of  tractors 
Member  States which  have  notified  implementing  measures: all 

75/0322 
Radio  interference  from  tractors 
Member  States  which  have  notified  implementing  measures:  all 

75/0443 
Reverse  equipment  of motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

75/0524 
Braking  devices  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

76/0114 
Motor-vehicle  registration  plates 
Member  States  which  have  notified  implementing  measures: all 

76/0115 
Safety  belts 
Member  States  which  have  notified  implementing  measures:  all 

76/0432 
Braking  devices  of  tractors 
Member  States which  have  notified  implementing  measures: all 

76/0756 
Lighting  and  light-signalling  devices  on  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

182 

76/0757 
Reflex  reflectors  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

76/0758 
Lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

76/0759 
Lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

76/0760 
Registration-plate  lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

76/0761 
Headlamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

76/0762 
Lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

76/0763 
Seats  for  tractors 
Member  States  which  have  notified  implementing  measures:  all 

77/0102 
Air  pollution  from  engines 
Member  States which have notified  implementing  measures: all except FIN 

77/0143 
Roadworthiness  tests  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

183 

77/0212 
Sound  level  of  motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

77/0311 
Sound  level  of  tractors 
Member  States  which  have  notified  implementing  measures: all 

77/0389 
Motor-vehicle  towing  devices 
Member  States  which  have  notified  implementing  measures: all 

77/0536 
Roll-over  protection  of  tractors 
Member  States  which  have  notified  implementing  measures:  all 

77/0537 
Emission  of  pollutants  from  diesel  engines 
Member  States  which  have  notified  implementing  measures:  all 

77/0538 
Lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

77/0539 
Lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

77/0540 
Lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

77/0541 
Safety  belts 
Member  States  which  have  notified  implementing  measures:  all 

184 

77/0649 
Driver's  field  of vision  in  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

78/0315 
Type-approval  of motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

78/0316 
Interior  fittings  of motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

78/0317 
Defrosting  systems  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

78/0318 
Windscreen  wipers  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all  except  S 

78/0507 
Motor-vehicle  registration  plates 
Member  States  which  have  notified  implementing  measures:  all 

78/0547 
Type-approval  of motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

78/0548 
Heating  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

78/0549 
Wheels  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

185 

78/0632 
Interior  fittings  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

78/0665 
Air  pollution  from  engines 
Member  States which have notified  implementing  measures: all except  FIN 

78/0764 
Driver's  seat  on  tractors 
Member  States  which  have  notified  implementing  measures:  all 

78/0932 
Head  restraints  of  seats  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

78/0933 
Lighting  on  tractors 
Member  States  which  have  notified  implementing  measures: all 

78/1015 
Sound  level  of  motorcycles 
Member  States  which  have  notified  implementing  measures: all 

79/0488 
External  projections  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

79/0489 
Braking  devices  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

79/0490 
Fuel  tanks  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

186 

79/0532 
Lighting  on  tractors 
Member  States  which  have  notified  implementing  measures:  all 

79/0533 
Coupling  device  of  tractors 
Member  States  which  have  notified  implementing  measures: all 

79/0622 
Roll-over  protection  of  tractors 
Member  States  which  have  notified  implementing  measures: all 

79/0694 
Type-approval  of  tractors 
Member  States  which  have  notified  implementing  measures:  all 

79/0795 
Rear-view  mirrors  of  motor  vehicles 
Member  States which  have  notified  implementing  measures: all 

79/1073 
Sound  level  of  tractors 
Member  States  which  have  notified  implementing  measures:  all 

80/0233 
Lighting  on  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

80/0720 
Doors  and  windows  of  tractors 
Member  States  which  have  notified  implementing  measures: all 

80/0780 
Rear-view  mirrors  of two-wheeled  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

187 

80/1267 
Type-approval  of  motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

80/1268 
Fuel  consumption  of  motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

80/1269 
Engine  power  of motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

80/1272 
Rear-view  mirrors  of  motor  vehicles  (motorcycles) 
Member  States which  have  notified  implementing  measures: all 

81/0333 
Fuel  tanks  of motor  vehicles 
Member  States which  have  notified  implementing  measures:  all 

81/0334 
Sound  level  of motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

81/0575 
Safety  belts 
Member  States  which  have  notified  implementing  measures: all 

81/0576 
Safety  belts 
Member  States  which  have  notified  implementing  measures: all 

81/0577 
Interior  fittings  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

188 

81/0643 
Driver's  field  of  vision  on  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

82/0244 
Lighting  on  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

82/0318 
Safety  belts 
Member  States  which  have  notified  implementing  measures: all 

82/0319 
Safety  belts 
Member  States  which  have  notified  implementing  measures: all 

82/0890 
Tractors 
Member  States  which  have  notified  implementing  measures:  all 

82/0953 
Roll-over  protection  of  tractors 
Member  States  which  have  notified  implementing  measures: all 

83/0190 
Driver's  seat  on  tractors 
Member  States  which  have  notified  implementing  measures: all 

83/0276 
Lighting  and  light-signalling  devices  on  motor  vehicles 
Member  States  which  have notified  implementing  measures:  all 

83/0351 
Air  pollution  from  engines 
Member  States which have notified  implementing  measures: all except  FIN 

189 

84/0008 
Lighting  and  light-signalling  devices  on  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

84/0372 
Sound  level  of  motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

84/0424 
Sound  level  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

85/0205 
Rear-view  mirrors  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

85/0647 
Braking  devices  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

86/0297 
Power  take-offs  of  tractors 
Member  States  which  have  notified  implementing  measures:  all 

86/0298 
Roll-over  protection  of  tractors 
Member  States  which  have  notified  implementing  measures:  all 

86/0415 
Controls  of  tractors 
Member  States  which  have  notified  implementing  measures:  all 

86/0562 
Rear-view  mirrors  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

190 

87/0056 
Sound  level  of  motorcycles 
Member  States  which  have  notified  implementing  measures:  all 

87/0358 
Type-approval  of motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

87/0402 
Roll-over  protection  of  tractors 
Member  States  which  have  notified  implementing  measures:  all 

87/0403 
Type-approval  of motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

87/0405 
Sound  power  level  of tower  cranes 
Member  States  which  have  notified  implementing  measures:  all. 

88/0076 
Air  pollution  from  motor  vehicles 
Member  States which have notified  implementing  measures: all except  FIN 

88/0077 
Emissions  from  diesel  engines 
Member  States  which  have  notified  implementing  measures:  all 

88/0194 
Braking  devices  of motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

88/0195 
Engine  power  of motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

191 

88/0297 
Type-approval  of tractors 
Member  States which have notified  implementing  measures: all 

88/0321 
Rear-view mirrors of motor vehicles 
Member  States which have notified  implementing  measures: all 

88/0366 
Driver's field of vision  in motor vehicles 
Member  States which have notified  implementing  measures: all 

88/0410 
Characteristics  of tractors 
Member  States which have notified  implementing  measures: all 

88/0411 
Steering  equipment  of tractors 
Member  States which have notified  implementing  measures: all 

88/0412 
Maximum  speed of tractors 
Member  States which have notified  implementing  measures: all 

88/0413 
Roll-over protection of tractors 
Member  States which have notified  implementing  measures: all 

88/0414 
Doors  and windows  of tractors 
Member  States which have notified  implementing  measures: all 

88/0436 
Particulate  emissions from diesel  engines 
Member States which have notified  implementing measures: all except FIN 

192 

88/0465 
Driver's  seat  on  tractors 
Member  States  which  have  notified  implementing  measures:  all 

89/0173 
Characteristics  of  tractors 
Member  States  which  have  notified  implementing  measures: all 

89/0235 
Sound  level  of  motorcycles 
Member  States  which  have  notified  implementing  measures: all. 

89/0277 
Lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

89/0278 
Lighting  on  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

89/0297 
Lateral  protection  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

89/0458 
Emissions  from  motor  vehicles 
Member  States which have notified  implementing measures: all except  FIN 

89/0491 
Sound  level  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

89/0516 
Lamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

193 

89/0517 
Headlamps  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

89/0518 
Fog  lamps  for  motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

89/0680 
Protection  structures  - tractors 
Member  States which  have  notified  implementing  measures: all 

89/0681 
Protection  structures  - tractors 
Member  States which  have  notified  implementing  measures: all 

89/0682 
Protection  structures  - tractors 
Member  States which have notified  implementing  measures: all 

90/0628 
Safety  belts 
Member  States which have notified  implementing measures: B, DK, EL, E, 
F,  IRL, I, L, NL, P, UK 

Germany - 92/0125, no  measures  notified,  Art.  169 letter  in  1992 

90/0629 
Safety  belts 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL, I, L, NL, P, UK 

90/0630 
Driver's  field  of vision  in  motor  vehicles 
Member States which have notified  implementing measures: B, D, DK, EL, 
E,  F, IRL, I, L, NL, P, UK 

194 

91/0226 
Spray-suppression  systems  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  B, DK,  D,  EL, 
E,  F,  IRL,  L,  NL,  P,  UK 

Italy  -  92/0619,  no  measures  notified,  Art.  169  letter  in  1992 

91/0328 
Roadworthiness  tests  for  motor  vehicles  and  their  trailers 
Member  States  which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  F,  I,  L,  NL,  P,  UK. 

Ireland -  93/0764,  no  measures  notified,  Art.  169  letter  in  1993 

91/0422 
Braking  devices  of  motor  vehicles 
Member  States which  have notified  implementing  measures: B, DK,  D,  EL, 
E,  F,  IRL,  I,  NL,  P. 

Luxembourg  -  92/0868,  no  measures  notified,  reasoned  opinion  in 

1992 

United  Kingdom-  92/0931,  no  measures  notified,  Art.  169  letter  in 

1992 

91/0441 
Emissions  from  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all. 

91/0542 
Gas  emissions  from  diesel  engines 
Member  States  which  have  notified  implementing  measures:  all 

91/0662 
Interior  fittings  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all. 

91/0663 
Lighting  and  light-signalling  devices  on  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all. 

195 

92/0021 
Masses  and  dimensions  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all. 

92/0022 
Glazing  on motor  vehicles 
Member  States which  have notified  implementing  measures: all. 

92/0023 
Tyres  for  motor  vehicles 
Member  States which  have  notified  implementing  measures: all. 

92/0024 
Speed  limitation  devices 
Member States which have notified  implementing measures: B, DK, D, EL, 
E, IRL, I, L, NL, P, UK. 

France - 93/0216, no measures  notified,  Art.  169 letter  in  1993 

92/0053 
Type-approval  of motor  vehicles 
Member States which have notified  implementing measures: B, DK, E, IRL, 
I, L, NL,  P, UK. 

Germany - 93/0072, no  measures  notified,  Art.  169 letter  in  1993 
Greece - 93/0122, no  measures notified,  Art.  169 letter  in  1993 
France - 93/0209, no  measures  notified,  Art.  169 letter  in  1993 

92/0061 
Type-approval  of two- and three-wheel  motor  vehicles 
Member  States which  have  notified  implementing  measures: all 

United Kingdom - 94/0497, no  measures  notified,  reasoned  opinion h 

1995 

92/0062 
Steering  equipment  for  motor  vehicles 
Member  States which  have  notified  implementing  measures: all. 

196 

92/0097 
Permissible  sound  level  and  the  exhaust  system  of  motor  vehicles 
Member  States which have notified  implementing  measures: A, S, FIN,  DK, 
D,  E,  IRL,  I,  P,  UK. 

Belgium  -  93/0632,  no  measures  notified  Art.  169  letter  in  1993 
Greece  -  93/0703, no  measures  notified,  Art.  169  letter  in  1993 
France  -  93/0750,  no  measures  notified,  Art.  169  letter  in  1993 
Luxembourg  93/0822,  no  measures  notified,  Art.  169  letter  in  1993 
Netheriands  -  93/0838,  no  measures  notified,  Art.  169  letter  in  1993 

92/0114 
Cabs  of  motor  vehicles  of  category  N 
Member  States  which  have  notified  implementing  measures:  all 

Germany  -  93/0688,  no  measures  notified,  Art.  169  letter  in  1993. 

terminated  in  1995 

93/0014 
Braking  systems  of  two-  and  three-wheel  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

93/0029 
Identification  of  controls,  tell-tales  and  indicators  for  two-  or  three-wheel 
motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all  except  B 

Belgium  -  95/0017,  no  measures  notified,  Art.  169  letter  in  1995. 

93/0030 
Audible  warning  devices  for  two-  or  three-wheel  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all  except  B. 

Belgium  -  95/0018,  no  measures  notified,  Art.  169  letter  in  1995. 

197 

93/0031 
Stands  for  two- or three-wheel  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all  except  B. 

Belgium - 95/0019, no  measures  notified,  Art.  169 letter  in  1995. 

93/0032 
Passenger  hand-holds  for  two-  or three-wheel  motor  vehicles 
Member  States  which  have notified  implementing  measures: all  except  B. 

Belgium - 95/0020,  no  measures  notified,  Art.  169 letter  in  1995 

93/0033 
Devices to prevent unauthorized  use of two- or three-wheel motor  vehicles 
Member  States  which  have  notified  implementing  measures: all  except  B. 

Belgium - 95/0021, no  measures  notified,  Art.  169 letter  in  1995 

93/0034 
Statutory  markings  for  two- or three-wheel  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all  except  B. 

Belgium - 95/0022, no  measures  notified,  Art.  169 letter  in  1995 

93/0059 
Air pollution  by  emissions  from  motor  vehicles 
Member States which have notified  implementing measures: A, S, FIN, DK. 

Belgium - 93/0977, no  measures  notified  Art.  169 letter  in  1993 
Germany - 93/0995, no  measures  notified,  Art.  169 letter  in  1993 
Greece - 93/1023, no  measures  notified,  Art.  169 letter  in  1993 
Spain - 93/1004, no  measures  notified,  Art.  169 letter  in  1993 
France - 93/1018, no  measures  notified,  Art.  169 letter  in  1993 
Ireland - 93/1040, no.measures notified,  Art.  169 letter  in  1993 
Italy - 93/1053, no  measures  notified,  Art.  169 letter  in  1993 
Luxembourg - 93/1071, no measures notified,  Art.  169 letter in  1993 
Netheriands  - 93/1061,  no  measures  notified,  Art.  169 letter  in  1993 
Portugal  - 93/1083,  no measures  notified,  Art.  169 letter  in  1993 
United  Kingdom-  93/1094,  no  measures  notified,  Art.  169  letter  in 

1993 

198 

93/0081 
Type-approval  of motor  vehicles 
Member States which have notified  implementing measures: B, D, EL, E, F, 
IRL, L, NL, UK 

Denmark - 94/0805, no measures  notified,  Art.  169 letter  in  1995 
France - 94/0848, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Italy - 94/0888, no measures  notified,  Art.  169 letter  in  1995 
Portugal  - 94/0954, no  measures  notified,  Art.  169 letter  in  1995 

93/0091 
Interior  fittings  of motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

93/0116 
Fuel  consumption  of motor  vehicles 
Member States which have notified  implementing measures: B, DK, D, EL, 
E,  I, L, NL,  P, UK. 

Greece - 94/0539, no  measures notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

France - 94/0560, no  measures  notified,  Art.  169 letter  in  1994 
Ireland - 94/0567, no measures notified,  Art.  169 letter  in  1994 
Luxembourg - 94/0582, no measures notified,  Art.  169 letter in  1994, 

terminated  in  1995 

94/0012 
Pollution  by  emissions  from  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all  except  B, 
EL, A. 

Belgium  - 94/0975, no  measures  notified,  Art.  169 letter  in  1995. 
Greece - 94/0974, no  measures  notified,  Art.  169 letter  in  1995. 

94/0020 
Motor  vehicles 
Member  States  which  have  notified  implementing  measures: A, FIN 

199 

94/0053 
Identification  of motor  vehicles 
Member States which have notified  implementing measures: all except B, L, 
NL,P,UK,  FIN,S 

Belgium  -  95/240- no measures  notified,  Art.  169 letter  in  1995 
Portugal  -  95/372- no  measures  notified,  Art.  169 letter  in  1995 
United Kingdom 

-  95/386-no measures notified,  Art.  169 letter in 

1995 

94/0068 
Windscreen  wiper  and washer  systems  of motor  vehicles 
Member States which have notified  implementing measures: all except B, L, 
NL,P, UK, S 

Luxembourg: 95/0578 no  measures  notified,  Art.  169 letter  in  1995 
Netheriands: 95/0595  no  measures  notified,  Art.  169 letter  in  1995 
Portugal: 95/0621  no measures  notified,  Art.  169 letter  in  1995 
United  Kingdom:  95/0639  no  measures  notified,  Art.  169  letter  in 

1995 

94/0078 
Wheel  guards  of motor  vehicles 
Member States which have notified  implementing measures: all except B, L, 
NL,P,  UK, S 

Luxembourg: 95/0580  no  measures  notified,  Art.  169 letter  in  1995 
Netheriands: 95/0597  no  measures notified,  Art.  169 letter  in  1995 
Portugal: 95/0623  no  measures  notified,  Art.  169 letter  in  1995 
United  Kingdom:  95/0642  no  measures  notified,  Art.  169  letter  in 

1995 

94/0054 
Wheel  guards  of motor  vehicles 
Member  States  which  have notified  implementing  measures: D 

200 

Construction  products 

89/0106 
Construction  products 
Member  States which have notified  implementing measures: DK, D, E, EL, 
F, FIN,  IRL, I, L, NL, P, S, UK. 

Belgium - 92/0026, no  measures  notified,  reasoned  opinion  in  1993 

Machinery 

69/0493 
Crystal  glass 
Member States which have notified  implementing measures: all except FIN, 
S, A 

71/0316 
Measuring  instruments 
Member  States which have notified  implementing  measures: all 

71/0317 
Medium  accuracy  weights 
Member  States which have notified  implementing  measures: all 

71/0318 
Gas volume  meters 
Member  States  which have notified  implementing  measures: all 

71/0319 
Meters  for  liquids 
Member  States which have notified  implementing  measures: all 

201 

71/0347 
Measuring  of  grain 
Member  States  which  have notified  implementing  measures: all 

71/0348 
Meters  for  liquids 
Member  States  which  have notified  implementing  measures: all 

71/0349 
Calibration  of the tanks  of vessels 
Member  States  which have notified  implementing  measures: all  except  S 

72/0427 
Measuring  instruments 
Member  States  which have notified  implementing  measures: all 

73/0023 
Electrical  equipment  - low  tension 
Member  States which  have notified  implementing  measures: all 

73/0360 
Weighing  instruments 
Member States which have notified  implementing measures: all except A, S 

73/0361 
Marking  of wire-ropes, chains  and  hooks 
Member  States which  have notified  implementing  measures: all 

73/0362 
Measures  of  length 
Member  States  which  have notified  implementing  measures: all 

74/0148 
Weights  of above-medium  accuracy 
Member  States  which  have notified  implementing  measures: all 

202 

74/0331 
Gas volume  meters 
Member  States which have notified  implementing measures: all except FIN 

75/0033 
Water  meters 
Member  States which  have notified  implementing  measures: all 

75/0106 
Prepackaged  liquids 
Member  States  which  have  notified  implementing  measures: all 

75/0107 
Bottles  used  as measuring  containers 
Member  States which  have  notified  implementing  measures: all 

75/0324 
Aerosols 
Member  States  which  have notified  implementing  measures: all 

75/0410 
Continuous  totalizing  weighing  machines 
Member States which have notified  implementing measures: all except FIN 

76/0117 
Electrical  equipment 
Member  States  which  have  notified  implementing  measures: all 

76/0211 
Prepackaged  products 
Member  States which  have notified  implementing  measures: all 

76/0434 
Marking  of wire-ropes,  chains  and  hooks 
Member  States  which  have  notified  implementing  measures: all 

203 

76/0696 
Non-automatic  weighing  machines 
Member States which have notified  implementing measures: all except A, S 

76/0764 
Thermometers 
Member  States which  have  notified  implementing  measures: all 

76/0765 
Alcoholometers 
Member  States which  have  notified  implementing  measures: all 

76/0766 
Alcohol  tables 
Member  States  which  have  notified  implementing  measures: all 

76/0767 
Pressure  vessels 
Member  States  which  have  notified  implementing  measures: all 

76/0891 
Electrical  energy  meters 
Member  States  which  have  notified  implementing  measures: all 

77/0095 
Taximeters 
Member  States  which  have  notified  implementing  measures: all  except  S 

77/0313 
Measuring  of  liquids 
Member  States  which  have  notified  implementing  measures: all  except  S 

78/0365 
Gas  volume  meters 
Member  States  which  have  notified  implementing  measures: all 

204 

78/0629 
Measures  of  length 
Member  States  which  have  notified  implementing  measures: all 

78/0891 
Prepackaging 
Member  States  which  have notified  implementing  measures: all 

78/1031 
Automatic  checkweighing  machines 
Member  States which  have  notified  implementing  measures: all  except  S 

79/0196 
Electrical  equipment 
Member  States which  have notified  implementing  measures: all 

79/0830 
Water  meters 
Member  States  which have  notified  implementing  measures: all 

79/1005 
Prepackaged  liquids 
Member  States  which  have notified  implementing  measures: all 

80/0181 
Units  of  measurement 
Member  States which  have notified  implementing  measures: all 

80/0232 
Prepackaged  products 
Member  States  which  have notified  implementing  measures: all 

82/0621 
Electrical  energy  meters 
Member  States  which  have  notified  implementing  measures: all 

205 

82/0622 
Weighing  instruments 
Member  States which  have notified  implementing  measures: all 

82/0623 
Gas  volume  meters 
Member  States which  have  notified  implementing  measures: all  except  S 

82/0624 
Alcoholometers 
Member  States which  have  notified  implementing  measures: all  except  S 

82/0625 
Measuring  systems  for  liquids 
Member  States which have  notified  implementing  measures: all  except  S 

83/0128 
Clinical  thermometers  -  mercury 
Member  States  which  have  notified  implementing  measures: all  except  S 

83/0575 
Measuring  instruments 
Member  States which have  notified  implementing  measures: all 

84/0047 
Electrical  equipment 
Member  States  which  have  notified  implementing  measures: all 

84/0414 
Thermometers 
Member  States which  have  notified  implementing  measures: all  except  S 

84/0525 
Steel  gas  cylinders 
Member  States which  have  notified  implementing  measures: all 

206 

84/0526 
Aluminium  gas  cylinders 
Member  States which have  notified  implementing  measures: all 

84/0527 
Welded  steel  gas  cylinders 
Member  States which  have notified  implementing  measures: all 

84/0528 
Lifting  appliances 
Member  States which  have  notified  implementing  measures: all 

84/0529 
Electrically-operated  lifts 
Member  States  which  have  notified  implementing  measures: all 

84/0532 
Construction  plant 
Member  States which  have  notified  implementing  measures: all 

84/0539 
Electro-medical  equipment 
Member  States which have notified  implementing  measures: A, B, DK,  D, 
EL, E, F, IRL, I, L, NL, P,  UK. 

85/0001 
Units  of  measurement 
Member  States  which  have  notified  implementing  measures: all 

85/0010 
Prepackaged  liquids 
Member  States which  have  notified  implementing  measures: all 

85/0146 
Measures  of  length 
Member  States which  have  notified  implementing  measures: all 

207 

86/0096 
Prepackaging 
Member States which have notified  implementing  measures: all 

86/0217 
Pressure gauges 
Member States which have notified  implementing  measures: all except S 

86/0295 
Construction plant 
Member States which have notified  implementing  measures: all 

86/0296 
Construction plant 
Member States which have notified  implementing  measures: all 

86/0312 
Electrically-operated  lifts 
Member States which have notified  implementing  measures: all 

86/0663 
Self-propelled  industrial trucks 
Member States which have notified  implementing  measures: all 

87/0354 
Industrial products - distinctive  numbers and letters 
Member States which have notified  implementing  measures: all 

87/0355 
Measuring  instruments 
Member States which have notified  implementing  measures: all 

87/0356 
Prepackaged products 
Member States which have notified  implementing  measures: all 

208 

87/0404 
Pressure  vessels 
Member  States which  have notified  implementing  measures: all 

Italy - 93/4069, not properly  applied,  reasoned  opinion  in  1994 

88/0316 
Prepackaged  liquids 
Member  States which  have notified  implementing  measures: all 

88/0571 
Electrical  equipment 
Member  States which  have  notified  implementing  measures: all 

88/0665 
Attestations  and  certificates 
Member  States which  have notified  implementing  measures: all 

89/0240 
Self-propelled  industrial  trucks 
Member  States  which  have  notified  implementing  measures: all 

89/0336 
Electromagnetic  compatibility 
Member  States which have notified  implementing  measures: A, FIN,  S, B, 
DK,  D, F, L, I, NL, UK, EL, E, P 

Belgium - 92/0652, no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

Greece  -  92/0742,  no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

Spain  -  92/0743,  no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

Ireland - 92/0793, no.measures notified,  reasoned  opinion  in  1993, 

referral  in  1994- Case  C-94/240 

Netheriands  -  92/0875,  no  measures  notified,  reasoned  opinion  in 

1993, referral  in  1994, 

terminated  in  1995 

209 

89/0392 
Machinery 
Member  States  which  have  notified  implementing  measures:  A,  FIN,  S,  B, 
DK,  D,  F,  IRL,  L,  NL,  UK,  EL,  E,  P 

Italy  -  92/0328,  no  measures  notified,  referral 

in  1994  -  Case 

C-94/182 

89/0617 
Units  of  measurement 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  F, 
IRL,  I,  L,  NL,  P,  UK,  FIN,  S. 

Greece  -  92/0272,  no  measures  notified,  suppl.  reasoned  opinion  in 

1994 

Spain 

-  92/0157, no measures notified,  suppl. reasoned opinion  in 

1994 

Portugal  -  92/0510,  no  measures  notified,  reasoned  opinion  in  1993, 

(to  be  terminated  in  1995) 

89/0676 
Prepackaged  liquids 
Member  States  which  have  notified  implementing  measures:  all 

89/0686 
Personal  protective  equipment 
Member  States  which  have  notified  implementing  measures:  all. 

90/0384 
Weighing  instruments 
Member  States  which  have  notified  implementing  measures:  all 

90/0385 
Active  implantable  medical  devices 
Member  States which have notified  implementing measures: FIN, S, DK,  D, 
F,  IRL,  I,  L,  NL,  UK,  EL,  E,  P 

Belgium  92/0657,  no  measures  notified,  reasoned  opinion  in  1993, 

referral  in  1994  -  Case  C-95/239 

Germany  - 92/0697,  no  measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

210 

Greece  -  92/0737,  no  measures  notified,  reasoned  opinion  in  1993 
France  -  92/0773,  no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

Ireland  -  92/0798,  no  measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

90/0396 
Gas  appliances 
Member  States  which  have  notified  implementing  measures:  all  except  A 

90/0486 
Electrically-operated  lifts 
Member  States  which  have  notified  implementing  measures:  all. 

90/0487 
Electrical  equipment 
Member  States  which  have  notified  implementing  measures:  all. 

Italy  -  92/0824,  no  measures  notified,  referral  in  1994 

90/0488 
Pressure  vessels 
Member  States  which  have  notified  implementing  measures:  all 

91/0368 
Machinery  (amendment) 
Member  States  which  have  notified  implementing  measures:  A,  FIN,  S,  B, 
DK,  D,  F,  IRL,  L,  NL,  UK,  EL,  E,  P 

Italy  -  92/0368,  no  measures  notified,  reasoned  opinion  in  1993, 

referral  in  1993  -  Case  C-94/182 

92/0031 
Electromagnetic  compatibility  (amendment) 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  D, 
F,  FIN,  I,  L,  NL,  UK,  EL,  E,  P,  S 

Ireland  92/0815,  no  measures  notified,  reasoned  opinion  in  1993, 

referral  in  1994  -  Case  C-94/240 

211 

Belgium - 92/0676, no measures  notified,  referral  in  1994,  terminated 

in  1995 

Netheriands  -  92/0889,  no  measures  notified,  reasoned  opinion  in 

1993,  referral  in  1994 

93/0042 
Medical  devices 
Member  States which have notified  implementing  measures: DK, D, F, FIN, 
IRL,  NL,  UK,  EL,  P,  S 

Belgium  94/0784,  no  measures  notified,  reasoned  opinion  in  1995 
Luxembourg 94/0901, no measures notified,  reasoned opinion  in  1995 
Greece  94/0988,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Spain  94/0828,  no  measures  notified,  reasoned  opinion  in  1995 
Italy  94/0878,  no  measures  notified,  reasoned  opinion  in  1995 
Netheriands  94/0913, no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Portugal  94/0935,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

United  Kingdom  94/0958,  no  measures  notified,  Art.  169  letter  in 

1995, 
terminated  in  1995 

93/0044 
Machinery  (amendment) 
Member  States  which  have  notified  implementing  measures:  B,  DK,  IRL, 
NL,  UK,  E,  P,  A,  FIN,  S 

Germany  94/0812,  no  measures  notified,  reasoned  opinion  in  1995 
Greece  94/0986,  no  measures  notified,  reasoned  opinion  in  1995 
France  94/0839,  no  measures  notified,  reasoned  opinion  in  1995 
Ireland  94/0858,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Italy  94/0879,  no  measures  notified,  reasoned  opinion  in  1995 
Luxembourg 94/0902, no measures notified,  reasoned opinion in  1995 
Netheriands 94/0914, no measures notified,  reasoned opinion  in  1995, 

terminated  in  1995 

Portugal  94/0936,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

212 

93/0095 
Personal  protective  equipment 
Member States which have notified  implementing measures: B, DK, IRL, L, 
NL,  UK,  EL, E,  P, A, FIN, S 

Belgium  94/0404,  no  measures  notified,  reasoned  opinion  in  1995, 

terminated  in  1995 

Germany 94/0418, no measures  notified,  reasoned  opinion  in  1995 
Denmark 94/0411, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Greece  94/0421,  no measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

France 94/0451,  no  measures  notified,  reasoned  opinion  in  1995 
Italy 94/0470, no measures  notified,  reasoned  opinion  in  1995 
Luxembourg  94/0476, no  measures  notified,  reasoned  opinion  in E8$ 

terminated  in  1995 

Portugal  94/0493, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Netheriands  94/0481,  no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

94/0001 
Aerosol  dispensers 
Member States which have notified  implementing measures: B, DK, F, IRL, 
L, NL, EL, E,  P, A, FIN 

Germany  94/0820, no  measures  notified,  reasoned  opinion  in  1995 
Denmark 94/0806, no measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Spain 94/0834, no measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Greece 94/0975, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

France 94/0851, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Italy 94/0891,  no measures  notified,  reasoned  opinion  in  1995 
Ireland  94/0867,  no  measures  notified,  reasoned  opinion  in  1995, 

.  terminated  in  1995 

Luxembourg  94/0909, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Netheriands 94/0924, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Portugal  94/0948, no  measures  notified,  Art.  169 letter  in  1995, 

213 

terminated  in  1995 

United Kingdom 94/0971, no measures  notified,  reasoned  opinion  in 

1995 

94/0009 
Electrical  equipment  in potentially  explosive  atmospheres 
Member  States which  have notified  implementing  measures: DK, L 

94/0026 
Electrical  equipment  in  potentially  explosive  atmospheres  (amendment 
79/196) 
Member States which have notified  implementing measures: A, FIN, S, DK, 
D, F, I, NL, UK, EL, E 

Belgium 95/0237, no  measures  notified,  Art.  169 letter  in  1995 
Spain  95/0289, no measures  notified,  Art.  169 letter  in  1995 

(to be terminated  in  1996) 

Greece  95/0275, no  measures  notified,  Art.  169 letter  in  1995 

(to be terminated  in  1996) 

Ireland 95/0310, no measures  notified,  Art.  169 letter  in  1995 
Luxembourg 95/0342, no measures notified,  reasoned opinion in 1995 
Portugal  95/0369, no  measures  notified,  reasoned  opinion  in  1995 
United  Kingdom  95/0383,  no  measures  notified,  Art.  169  letter  in 

1995 

(to  be terminated  in  1996) 

214 

Free  movement  -  special  arrangements 

91/0477 
Acquisition  and possession  of  weapons 
Member  States which  have  notified  implementing  measures: all, except  A, 
FIN  and S 

93/0007 
Return  of  cultural  objects  unlawfully  removed  from  the  territory  of  a 
Member  State 
Member States which have notified  implementing measures: DK, E, FIN, F, 
IRL, NL, P, S, UK 

Spain 

-  94/0550, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

France 

-  94/0556, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Netheriands 

- 

94/0584,  no  measures  notified,  Art.  169  letter  in 
1994, 

terminated  in  1995 

Portugal  -,  94/0591, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

-  94/0532, no measures notified,  Art.  169 letter in  1994 

Germany 
Belgium  -  94/0518,  no  measures  notified,  Art.  169 letter  in  1994 
Greece 
-  94/0546, no  measures  notified,  Art.  169 letter  in  1994 
- Italy  -  94/0569, no  measures  notified,  Art.  169 letter  in  1994 
Luxembourg 

94/0578,  no  measures  notified,  Art.  169  letter  in 
1994 

- 

215 

Persons 

Right  of  residence 

64/0221 
Public  policy  and  public  health 
Member  States  which  have  notified  implementing  measures:  all 

73/0148 
Movement  and  residence  of  nationals  of  the  Member  States 
Member  States  which  have  notified  implementing  measures:  all 

90/0364 
Right  of  residence 
Member  States  which  have  notified  implementing  measures: B, DK,  EL,  E, 
F,  IRL,  I,  L  NL,  P,  UK 

United  Kingdom 

-  92/0920, no measures notified,  reasoned  opinion 

in  1993, 
terminated  in  1995 
-  no  measures  notified,  referral  in  1995 

Germany 

90/0365 
Right  of  residence  for  employees  and  self-employed  persons  who  have 
ceased  their  occupational  activity 
Member  States which  have  notified  implementing  measures: B, DK,  E,  EL, 
F,  IRL,  I,  L,  NL,  P,  UK 

United  Kingdom 

-  92/0921, no measures notified,  reasoned  opinion 

Germany 

-  no  measures  notified,  referral  in  1995 

in  1993, terminated  in  1995 

90/0366 
Right  of residence  for  students  (Directive  annulled  by  Court  of Justice.  See 
Directive  93/96  which  replaces  it) 

216 

93/0096 
Right  of residence  for  students 
Member  States which have notified  implementing measures: B, DK, E, EL, 
F,  IRL, I, L, NL,  P, UK 

Germany 

-  no  measures  notified,  reasoned  opinion  in  1995, 

referral  in  1995 

Voting  rights 

93/0109 
Right to vote and  stand  as candidate  for  elections to European  Parliament 
Member  States  which  have notified  implementing  measures: all 

Mutual  recognition  of  diplomas 

63/0261 
Freedom  of establishment  for  agricultural  workers 
Member  States  which  have notified  implementing  measures: all 

63/0262 
Freedom  of establishment  in agriculture  - abandoned  holdings 
Member  States which  have  notified  implementing  measures: all 

64/0222 
Wholesale  trade  and  intermediaries  in  commerce,  industry  and  small  craft 
industries  (transitional  measures) 
Member  States  which  have  notified  implementing  measures: all 

217 

64/0223 
Freedom  of establishment  - wholesale  trade 
Member  States which  have  notified  implementing  measures: all 

64/0224 
Freedom of establishment - intermediaries  in commerce, industry and small 
craft  industries 
Member  States  which  have  notified  implementing  measures: all 

64/0427 
Processing  industries  (transitional  measures) 
Member  States  which  have  notified  implementing  measures: all 

64/0428 
Freedom  of establishment  - mining  and  quarrying 
Member  States which have  notified  implementing  measures: all 

64/0429 
Freedom  of establishment  - processing  industries 
Member  States  which  have  notified  implementing  measures: all  except  A 

65/0001 
Freedom  to provide  services  -  agriculture 
Member  States  which  have notified  implementing  measures: all 

66/0162 
Freedom  of  establishment  - electricity,  gas, water  and  sanitary  services 
Member  States  which  have  notified  implementing  measures: all 

67/0043 
Freedom  of establishment  - real  estate  agents 
Member  States  which  have  notified  implementing  measures: all 

67/0530 
Freedom  for  farmers  to transfer  from  one holding  to  another 
Member  States which have notified  implementing measures: all except FIN 

218 

67/0531 
Agricultural  leases 
Member  States  which  have  notified  implementing  measures: all 

67/0532 
Agriculture  - freedom of access  to  cooperatives 
Member  States  which  have notified  implementing  measures: all 

67/0654 
Freedom  of establishment  -  forestry 
Member  States which  have  notified  implementing  measures: all 

68/0192 
Freedom  of access to credit  for  farmers 
Member  States which  have  notified  implementing  measures: all 

68/0363 
Freedom  of  establishment  - retail  trade 
Member  States  which  have  notified  implementing  measures: all 

68/0364 
Retail  trade  (transitional  measures) 
Member  States which  have  notified  implementing  measures: all 

68/0365 
Freedom  of establishment  - food-manufacturing  industries 
Member  States  which have  notified  implementing  measures: all 

68/0366 
Food-manufacturing  industries 
Member  States which  have .notified  implementing  measures: all 

Spain 

-  91/2377,  not  properly  implemented,  Art.  169  letter  in 

1993, 

postponed  in  1994  and  1995 

219 

68/0367 
Freedom  of establishment  - personal  services 
Member  States which  have  notified  implementing  measures: all 

68/0368 
Personal  services  (catering)  (transitional  measures) 
Member  States  which  have  notified  implementing  measures: all 

68/0369 
Freedom  of establishment  -  film  distribution 
Member  States which  have  notified  implementing  measures: all  except  S 

68/0415 
Freedom  of access to  aid  for  farmers 
Member  States  which have  notified  implementing  measures: all 

69/0082 
Activities  of the  self-employed  in  oil  and  gas  exploration 
Member  States which  have  notified  implementing  measures: all 

70/0451 
Freedom  of establishment  -  film  production 
Member  States  which  have  notified  implementing  measures: all 

70/0522 
Freedom  of establishment  - wholesale  coal  trade 
Member  States which  have  notified  implementing  measures: all 

70/0523 
Wholesale  coal  trade  (transitional  measures) 
Member  States  which  have notified  implementing  measures: all 

71/0018 
Freedom  of establishment  - agriculture  and  horticulture 
Member  States  which  have notified  implementing  measures: all 

220 

74/0556 
Toxic  products  (transitional  measures) 
Member  States  which  have notified  implementing  measures: all 

74/0557 
Freedom  of establishment  - toxic  products 
Member  States which have  notified  implementing  measures: all 

75/0362 (*) 
Mutual  recognition  of medical  qualifications 
Member  States  which have  notified  implementing  measures: all 

Spain 

-  90/0981,  not properly  implemented,  reasoned  opinion  in 
1991,  suspended  in  1992  and  1993,  immediate  action 
(reasoned  opinion)  in  1995 

(*)  This Directive  was consolidated  by  Directive  93/16 

75/0363  (*) 
Activities  of  doctors 
Member  States  which  have  notified  implementing  measures: all 

(*)  This Directive  was  consolidated  by  Directive  93/16 

75/0368 
Freedom  of establishment  - various  activities 
Member  States which  have  notified  implementing  measures: all 

75/0369 
Freedom  of establishment  - itinerant  activities 
Member  States which have  notified  implementing  measures: all 

77/0249 
Lawyers 
Member  States  which  have  notified  implementing  measures: all 

221 

77/0452 
Mutual  recognition  of qualifications  -  nurses 
Member  States which  have  notified  implementing  measures: all 

United Kingdom 

-  91/4846, not properly applied, Art.  169 letter in 

1992, 

reasoned  opinion  in  1995 

77/0453 
Activities  of  nurses 
Member  States  which  have  notified  implementing  measures: all 

Spain 

-  91/4352,  not  properly  applied,  Art.  169  letter  in  1993, 
suppl.  Art.  169  letter  in  1994,  immediate  action  (suppl. 
Art.  169 letter)  in  1995 

78/0686 
Dentists 
Member  States  which  have  notified  implementing  measures: all 

Spain 

-  90/411,  not  properly  applied,  reasoned  opinion  in  1992, 

Germany 

Germany 

postponed  in  1995 
-  87/434,  not  properly  applied,  reasoned  opinion  in 
1992, referral  decided  in  1993, referral  in  1995 
-  91/2098, not properly applied, Art.  169 letter in 1992, 
terminated  in  1995 

Italy  -  90/412, not properly  applied,  referral  in  1993, judgment  in 

1995 - Case  C-93/40) 

78/0687 
Dentists 
Member  States  which  have  notified  implementing  measures: all 

Spain 

-  90/411,  not  properly  applied,  reasoned  opinion  in  1992, 

postponed  in  1995 

Italy  -  90/412, not  properly  applied,  referral  in  1993, judgment  in 

1995  -  Case  C-93/40 

222 

78/1026 
Veterinary  surgeons 
Member  States which  have notified  implementing  measures: all 

78/1027 
Veterinary  surgeons 
Member  States  which  have  notified  implementing  measures: all 

80/0154 
Mutual  recognition  of qualifications  -  midwives 
Member  States  which  have notified  implementing  measures: all 

80/0155 
Activities  of  midwives 
Member  States  which  have notified  implementing  measures: all 

80/1057 
Acquired  rights  - doctors, nurses,  dentists  and  veterinary  surgeons 
Member  States  which  have notified  implementing  measures: all 

80/1273 
Mutual  recognition  of qualifications  -  midwives 
Member  States  which  have  notified  implementing  measures: all 

82/0076 
Doctors 
Member  States  which  have  notified  implementing  measures: all 

82/0470 
Services  incidental  to  transport 
Member  States  which  have  notified  implementing  measures: all 

82/0489 
Hairdressers 
Member  States  which  have  notified  implementing  measures: all 

Spain 

-  91/2377,  not  properly  implemented,  Art.  169  letter  in 

1993, postponed  in  1994 

223 

85/0384 
Architects 
Member  States which have notified  implementing  measures: all 

Spain 

-  90/0349,  not  properly  implemented,  referral  in  1992, 

immediate  action  (referral)  in  1995 

Italy  -  94/0003, not properly implemented, Art.  169 letter in  1994, 

reasoned  opinion  in  1995. 

85/0432 
Pharmacists 
Member  States which have notified  implementing  measures: all 

Italy  -  91/820,  not  properly  applied,  referral  in  1994  -  Case  C-

94/307 

85/0433 
Pharmacists 
Member  States which have notified  implementing  measures: all 

85/0584 
Pharmacists 
Member  States which have notified  implementing  measures: all 

85/0614 
Architects 
Member  States which have notified  implementing  measures: all 

Spain 

-  90/0349, not properly  implemented,  reasoned  opinion  in 

1992, suspended  (referral)  in  1993, 
?? (referral)  in  1995 

86/0017 
Architects 
Member  States which have notified  implementing  measures: all 

Spain 

-  90/0349, not properly  implemented,  reasoned  opinion  in 

1992, suspended  (referral)  en  1993, 
?? (referral)  in  1995 

224 

86/0457  (*) 
Training  in general  medicine 
Member  States  which  have  notified  implementing  measures: all 

Germany 

-  91/0787, not properly applied, Art.  169 letter in 1991, 
suppl.  Art.  169  letter  decided  in  1993,  immediate 
action  (suppl. Art.  169 letter)  in  1995 

(*)  This Directive  was  consolidated  by Directive  93/16 

89/0048 
Mutual  recognition  of higher-education  diplomas 
Member States which have notified  implementing measures: all except A, B 
et EL. 

Belgium  -  91/653, no measures  notified,  referral  in  1994, judgment 

in  1995  - 

CaseC-94/316 

Greece 

-  91/668, no  measures  notified,  reasoned  opinion  in  1992, 

referral  in  1994, 

judgment  in  1995 - Case  C-93/365 

89/0594 
Mutual  recognition  of  diplomas  -  doctors,  nurses,  dentists,  veterinary 
surgeons  and  midwives 
Member  States which have notified  implementing measures: all except E et 
P 

Spain 

-  92/154,  no  measures  notified,  reasoned  opinion  in 

1995 

Portugal  -  92/512, no measures  notified,  reasoned  opinion  in  1995 
-  92/2292,  not  properly  implemented,  reasoned  opinion 
France 

decided  in  1994, 

immediate  action  (reasoned  opinion)  en  1995 

225 

89/0595 
Mutual  recognition  of diplomas  - nurses 
Member  States which have notified  implementing  measures: all except UK 

United Kingdom 

-  92/534,  no  measures  notified, 

suspended 

(reasoned  opinion)  in  1993, 

immediate  action  (reasoned  opinion)  in  1995 

90/0658 (*) 
Mutual  recognition  of diplomas  - unification  of  Germany 
Member  States  which  have  notified  implementing  measures:  D,  F,  I,  EL, 
IRL, L, NL, DK 

United Kingdom 

-  92/551,  no  measures  notified, 

suspended 
(reasoned  opinion)  in  1993,  immediate  action 
(reasoned  opinion)  in  1995 
Belgium  -  92/0055, no measures notified, reasoned opinion in  1994, 

Spain 

postponed  in  1995 
-  92/0175,  no  measures  notified,  reasoned  opinion  in 

1993, referral  in  1995 

Portugal  -  92/487, no measures  notified,  reasoned  opinion  in  1993, 

immediate  action  (reasoned  opinion)  in  1994 and  1995 

(*)  This Directive  was  consolidated  by Directive  93/16 

92/0051 
Mutual  recognition  of  diplomas  - second  general  system 
Member  States  which  have  notified  implementing  measures:  D,  DK,  E,  I, 
FIN, F, L, NL, S 

Belgium  -  94/0623, no measures notified,  reasoned  opinion  in  1995 
-  94/0635,  no  measures  notified,  postponed  in  1994, 
Denmark 

terminated  in  1995 

Spain 

-  94/0660, no measures notified,  Art.  169 letter in 1994, 

terminated  in  1995 

France 

-  94/0674,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Greece 
-  94/0702, no measures notified,  reasoned  opinion in  1995 
-  94/0707, no measures notified,  reasoned  opinion  in  1995 
Ireland 
Portugal  -  94/0749, no measures notified,  reasoned  opinion  in  1995 
-  94/0767, no measures notified, reasoned opinion 
United Kingdom 

in  1995 

226 

94/0038 
Amendment  of  Annexes  C  and  D  to  Directive  92/51 
Implementing  measures  not  required  in  countries  which  have  already 
transposed  Directive  92/51  (except  for  Italy,  which  has  not  notified 
implementing  measures 

95/0043 
Amendment  of  Annexes  C  and  D  to  Directive  92/51 
Implementing  measures  not  required  in  countries  which  have  already 
transposed  Directive  92/51  (except  for  Italy,  which  has  not  notified 
implementing  measures 

Self-employed  commercial  agents 

86/653 
Self-employed  commercial  agents 
Member  States  which  have  notified  implementing  measures:  all 

Belgium  -  90/0444, no measures  notified,  reasoned  opinion  in  1992, 

terminated  in  1995 

Ireland 
Italy 
United  Kingdom 

-  94/2287,  incorrect  transposai,  Art.  169  letter  in  1995 
-  95/2178,  incorrect  transposai,  Art.  169  letter  in  1995 

-  95/2182,  incorrect  transposai 

227 

Services 

Audiovisual  media 

89/0552 
Television  without  frontiers 
Member  States  which  have  notified  implementing  measures:  all. 

Belgium  -  92/2159,  not  properly  implemented,  referral  in  1994 
Greece 

-  93/2158,  not  properly  implemented,  reasoned  opinion  in 

1994 

France 

-  92/2164,  not  properly  implemented,  reasoned  opinion  in 

1994 

Ireland 

-  92/2163,  not  properly  implemented,  reasoned  opinion  in 

1995 

Italy 
Netheriands 

-  92/2168,  not  properly  implemented,  referral  in  1994 

- 

92/2165,  not  properly 
opinion  in  1995 

implemented, 

reasoned 

Portugal  -  92/2166,  not  properly  implemented,  reasoned  opinion  in 

1994 
United  Kingdom 

-  92/2167,  not  properly  implemented,  referral  in 

1994 

United  Kingdom 

-  94/4089, not properly applied, reasoned  opinion 

in  1995 

Telecommunications 

87/0372 
Cellular  communications  -  frequency  bands  to  be  reserved 
Member  States  which  have notified  implementing  measures:  all 

90/0387 
Telecommunications  -  open  network  provision  (ONP) 
Member  States  which  have  notified  implementing  measures:  all. 

228 

90/0544 
Frequency  bands  for  radio  paging 
Member  States  which  have  notified  implementing  measures:  all 

Ireland 

-  92/0308,  no  measures  notified,  Art.  169  letter  in  1992, 

terminated  in  1995 

91/0263 
Telecommunications  terminal  equipment 
Member  States  which  have  notified  implementing  measures:  DK,  D,  E,  F, 
I,  NL,  P,  UK 

Belgium  -  92/0966,  no  measures  notified,  Art.  169  letter  in  1992, 

referral  in  1994  -  Case  C-94/218 

Greece 

-  92/0975,  no  measures  notified,  Art.  169  letter  in  1992, 

referral  in  1994  -  Case  C-94/260 

Ireland 

-  92/0985,  no  measures  notified,  Art.  169  letter  in  1992, 

Luxembourg 

referral  in  1994 
- 

92/0994,  no  measures  notified,  Art.  169  letter  in 
1992, 
referral  in  1994 

91/0287 
Cordless  telecommunications  -  frequency  bands 
Member  States  which  have  notified  implementing  measures:  all 

92/0044 
Application  of  open  network  provision  to  leased  lines 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  F, 
IRL,  I,  NL,  P,  UK. 

Denmark 

-  93/0651,  no  measures  notified,  Art.  169  letter  in  199 

3, 
terminated  in  1995 

Greece 

-  93/0712,  no  measures  notified,  referral  in  1994-Case 

Spain 

C-94/259 
-  93/0725,  no  measures  notified,  referral  in  1994-Case 
C-  94/266 

Ireland 

-  93/0770,  no  measures  notified,  referral  in  1994-Case 

C-94/223, 

terminated  in  1995 

229 

Italy 

-  93/0791, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Luxembourg 

- 

93/0816,  no  measures  notified,  referral  in  1994-
Case  C-94/220 

Portugal  -  93/0851, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

United  Kingdom 

-  93/0878, no measures notified,  Art.  169 letter  in 

1993, 

terminated  in  1995 

93/0097 
Satellite  earth  station  equipment 
Member  States which  have notified  implementing  measures: DK, D, F,  UK. 

Belgium  -  95/0399,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0453, no  measures  notified,  Art.  169  letter  in  1995 
Greece 
-  95/0479,  no  measures  notified,  Art.  169  letter  in  1995 
Spain 
-  95/0524,  no  measures  notified,  Art.  169  letter  in  1995 
Ireland 
Italy 
-  95/0544,  no  measures  notified,  Art.  169  letter  in  1995 
Luxembourg 

- 

95/0567,  no  measures  notified,  Art.  169  letter  in 
1995 
95/0588,  no  measures  notified,  Art.  169  letter  in 
1995 

Netheriands 

- 

Portugal  -  95/0605,  no  measures  notified,  Art.  169  letter  in  1995 

Financial  services 

64/0225 
Freedom  of  establishment 
Member  States  which  have  notified  implementing  measures:  all 

72/0166 
First  Directive  on  insurance  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

230 

73/0183 
Freedom  of establishment  for  banks 
Member  States  which  have  notified  implementing  measures: all 

73/0239 
First  Directive  on  insurance  other than  life  assurance 
Member  States  which  have  notified  implementing  measures: all 

77/0092 
Freedom  of establishment  -  insurance  brokers 
Member  States  which  have  notified  implementing  measures: all 

Luxembourg 

- 

92/2284, not properly applied, reasoned opinion in 
1995 

Greece 
Portugal  -  90/6022, not properly  applied,  Art.  169 letter  in  1994, 

-  91/0775, not properly  applied,  reasoned  opinion  in  1994 

terminated  in  1995 

77/0780 
First  Directive  on the  coordination  of banking  laws 
Member  States  which  have  notified  implementing  measures: all 

78/0473 
Community  co-insurance 
Member  States which have  notified  implementing  measures: all 

79/0267 
First  Directive  on  life  assurance 
Member  States  which have  notified  implementing  measures: all 

79/0279 
Admission  of  securities  to  stock-exchange  listing 
Member  States  which  have  notified  implementing  measures: all 

80/0390 
Admission of securities to stock-exchange listing - particulars to be published 
Member  States  which  have  notified  implementing  measures: all 

231 

82/0121 
Information  to be published  regularly  by  companies 
Member  States  which  have  notified  implementing  measures: all 

84/0005 
Second  Directive  on  motor-vehicle  insurance 
Member  States  which  have  notified  implementing  measures: all 

84/0641 
Tourist  assistance 
Member  States which  have notified  implementing  measures: all 

85/0611 
Undertakings  for  collective  investment 
Member  States which have  notified  implementing  measures: all 

86/0635 
Annual  accounts  of banks 
Member  States which have  notified  implementing  measures: all 

Greece 

-  91/0370,  no  measures  notified, 

referral 

in  1994, 

terminated  in  1995 

87/0343 
Credit  insurance  and  suretyship  insurance 
Member  States which  have  notified  implementing  measures: all 

87/0344 
Legal-expenses  insurance 
Member  States  which  have  notified  implementing  measures: all 

87/0345 
Admission of securities to stock-exchange listing - particulars to be published 
Member  States which  have  notified  implementing  measures: all 

88/0220 

232 

Investment  policy  of  certain  undertakings  for  collective  investment  in 
transferable  securities 
Member  States which  have  notified  implementing  measures: all 

88/0357 
Second  Directive  on  insurance  other than  life  assurance 
Member  States which  have  notified  implementing  measures: B, DK,  D, E, 
F,  IRL, I, L, NL, P, UK,  A, FIN, S 

Greece 

-  90/0631,  no  measures  notified,  referral  (C-94/207)  in 

1994, 
judgment  on  29.6.95 

88/0627 
Major  holdings  in a listed  company 
Member  States which  have  notified  implementing  measures: all 

89/0117 
Publication  of accounting  documents  of credit  institutions 
Member  States which  have notified  implementing  measures: all 

Greece 

-  92/0279,  no  measures  notified, 

referral 

in  1994, 

terminated  in  1995 

89/0298 
Prospectuses  for  transferable  securities  on  offer  to the public 
Member  States which  have  notified  implementing  measures: all 

89/0299 
Own  funds  of credit  institutions 
Member  States  which  have notified  implementing  measures: all 

89/0592 
Insider  dealing 
Member  States  which  have  notified  implementing  measures: all 

233 

89/0646 
Second  banking  Directive 
Member  States  which  have  notified  implementing  measures:  all 

89/0647 
Solvency  ratio  for  credit  institutions 
Member  States  which  have  notified  implementing  measures:  all 

90/0211 
Admission of securities to stock-exchange listing - particulars to be published 

Member  States  which  have  notified  implementing  measures:  all 

90/0232 
Third  Directive  on  insurance  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures: DK,  D,  EL,  F, 
IRL,  I,  L,  NL,  P,  UK,  A,  FIN,  S 

Belgium  -  93/0033, no  measures  notified,  Art.  169  letter  in  1994 
Spain 

-  93/0200, no measures  notified,  reasoned  opinion  in  1994, 

referral  in  1995 

Portugal  -  93/0445,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

90/0618 
Insurance  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  F, 
IRL,  I,  L,  NL,  P,  UK,  A,  FIN,  S 

Greece 

-  92/0606,  no  measures  notified,  referral  in  1994,  Case 

C-l 09/94, 

judgment  on  29.6.95 

Spain 

-  92/0592,  no  measures  notified,  referral  in  1994,  Case 

C-l 47/94, 

judgment  on  6.4.95 

90/0619 
Second  Directive  on  life  assurance 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  F, 
IRL,  I,  L,  NL,  P,  UK,  A,  FIN,  S 

234 

Germany 

-  92/0973, no measures  notified,  Art.  169 letter in  1992, 

terminated  in  1995 

Greece 

-  92/0974,  no  measures  notified,  referral  in  1994,  Case 

C-225/94, 

judgment  on  29.6.95 

Spain 

-  92/0981,  no  measures  notified,  referral  in  1994,  Case 

C-242/94, 

judgment  on  12.10.95 

Ireland 

-  92/0986, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

91/0308 
Money  laundering 
Member  States  which  have  notified  implementing  measures:  all 

Ireland 

-  93/0271, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

91/0371 
Implementation  of  the  agreement  between  the  EEC  and  Switzerland  on 
insurance 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  F, 
I,  NL,  P,  UK. 

Belgium  -  93/0896,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Greece 
Spain 
Ireland 

-  93/0916,  no  measures  notified,  reasoned  opinion  in  1994 
-  93/0917,  no  measures  notified,  reasoned  opinion  in  1994 
-  93/0931, no measures  notified,  reasoned  opinion  in  1994, 

referral  in  1995 

Luxembourg 

- 

93/0939, no measures notified, reasoned opinion in 
1994,  referral  in  1995 

91/0633 
Own  funds  of  credit  institutions 
Member  States  which  have  notified  implementing  measures:  all 

235 

91/0674 
Annual  accounts  of  insurance  undertakings 
Member  States  which  have  notified  implementing  measures: D,  DK,  F,  L, 
NL,  P, UK, A, FIN, S 

Belgium  -  94/0008, no measures notified,  reasoned  opinion  in  1994 
-  94/0039, no measures notified, Art.  169 letter in  1994, 
Denmark 

Germany 

-  94/0070,  no  measures  notified,  reasoned  opinion  in 

terminated  in  1995 

Greece 
Spain 
Ireland 

1994, 
terminated  in  1995 

-  94/0125, no measures notified,  reasoned opinion  in  1994 
-  94/0136, no  measures  notified,  Art.  169 letter  in  1994 

-  94/0202,  no  measures  notified,  reasoned  opinion  in 
1995 
Italy  -  94/0234,  no  measures  notified,  reasoned  opinion  in  1994, 

1994, referral  in 

suspended  in  1995 

Luxembourg 

- 

94/0269, no measures notified, reasoned opinion in 
1994, 

terminated  in  1995 

92/0030 
Supervision  of credit  institutions 
Member  States  which  have  notified  implementing  measures: all  except  A 

Germany 

-  93/0085, no measures notified, Art.  169 letter in 1993, 

terminated  in  1995 

Greece 

-  93/0134, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

92/0049 
Third  Directive  on  insurance  other  than  life  assurance 
Member  States  which  have  notified  implementing  measures:  B, DK,  D, F, 
L,  I, IRL, NL,  P, UK, A,  FIN,  S. 

Belgium  -  94/0012, ho  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Germany 
Greece 

-  94/4124, not properly  applied, Art.  169 letter in  1994 
-  94/0124, no measures notified,  reasoned opinion in  1994, 

referral  in  1995 

236 

Spain 

-  94/0140,  no  measures  notified,  reasoned  opinion  in 

1994 

Ireland 

-  94/0205, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Italy 

-  94/0238, no  measures  notified,  Art.  169 letter  in  1994, 

Luxembourg 

terminated  in  1995 
- 

94/0272,  no  measures  notified,  Art.  169  letter  in 
1994, 

terminated  in  1995 

92/0096 
Third  Directive  on  life  assurance 
Member  States  which  have  notified  implementing  measures: B, DK,  D, F, 
I, IRL, L, NL, P, UK, A, FIN,  S. 

Belgium  -  94/0017,  no  measures  notified,  Art.  169 letter  in  1994, 

Germany 

terminated  in  1995 
-  94/0079, no measures notified, Art. 169 letter in 1994, 

terminated  in  1995 

Greece 
Spain 

-  94/0116, no measures notified,  reasoned opinion  in  1994 
-  94/0145,  no  measures  notified,  reasoned  opinion  in 

1994 

France 

-  94/0179, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Ireland 

-  94/0211,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Italy 

-  94/0244, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Luxembourg 

- 

94/0278,  no  measures  notified,  Art.  169  letter  in 
1994, 
terminated  in  1995 

Netheriands 

- 

94/0312,  no  measures  notified,  Art.  169  letter  in 
1994, 
terminated  in  1995 

United Kingdom 

-  94/0376, no measures notified, Art. 169 letter in 

1994, 

terminated  in  1995 

237 

92/0121 
Large  exposures  of  credit  institutions 
Member  States  which  have  notified  implementing  measures:  all  except  A 

Germany 

-  94/0084, no measures notified,  Art.  169 letter in  1994, 

terminated  in  1995 

Portugal  -  94/0349,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

93/0006 
Capital  adequacy 
Member  States  which  have  notified  implementing  measures:  E  and  S 

93/0022 
Investment  services 
Member  States which have notified  implementing measures: IRL, NL, S, UK 

-  95/0420,  no measures  notified,  Art.  169 letter  in  1995 
-  95/0431,  no  measures  notified,  Art.  169 letter  in  1995 

Belgium  -  95/0392,  no  measures  notified,  Art.  169  letter  in  1995 
Denmark 
Germany 
Greece 
Spain 
France 
Italy 
Luxembourg 

-  95/0499,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0540,  no  measures  notified,  Art.  169  letter  in  1995 

-  95/0449,  no  measures  notified,  Art.  169  letter  in  1995 

-  95/0475, no measures  notified,  Art.  169 letter  in  1995 

- 

95/0566,  no  measures  notified,  Art.  169  letter  in 
1995 
95/0586,  no  measures  notified,  Art.  169  letter  in 
1995 

Netheriands 

- 

Portugal  -  95/0602,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0630, no measures notified,  Art.  169 letter in 

1995 

94/0007 
Multilateral  Development  Banks 
Member  States  which  have  notified  implementing  measures:  A,  B, D,  FIN, 
F,  L,  NL 

Denmark 

-  95/0035,  Art.  169  letter  in  1995, reasoned  opinion  in 

1995 

Greece 

-  95/0071, Art.  169 letter in  1995, reasoned  opinion in  1995 

238 

Spain 

-  95/0087, Art.  169 letter  in  1995, reasoned  opinion  in 

1995 

-  95/0119, Art.  169 letter in  1995, reasoned opinion in 1995 
Ireland 
Italy 
-  95/0137, Art.  169 letter in  1995, reasoned opinion in 1995 
Portugal  -  95/0183, Art.  169 letter in 1995, reasoned opinion in 1995 
-  95/0206,  Art.  169  letter  in  1995,  reasoned 
United Kingdom 

opinion  in  1995 

94/0019 
Deposit  guarantee  schemes 
Member  States  which  have  notified  implementing  measures:  B,  DK,  EL, 
IRL, F, NL,  P, FIN, UK, S 

Germany 
Spain 
Italy 
Luxembourg 

-  94/0032, Art.  169 letter  in  1995 
-  95/0482, Art.  169 letter  in  1995 

-  95/0547, Art.  169 letter  in  1995 

- 

95/0572, Art.  169 letter  in  1995 

239 

Company  law 

68/0151 
First  Directive  on  company  law 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E,  F, IRL,  I, L, NL, P,  S,  UK. 

Germany 

-  90/0322, not properly  applied,  referral  in  1995 

77/0091 
Second  Directive  on company  law 
Member States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL,  I, L, NL, P, S, UK. 

78/0660 
Annual  accounts  of  companies 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL, I, L, NL, P,  S, UK. 

78/0855 
Company  mergers 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL, I, L, NL, P, S, UK. 

82/0891 
Division  of  companies 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL,  I, L,  P, UK. 

83/0349 
Consolidated  accounts  of  companies 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL,  I, L, NL, P, S, UK. 

84/0253 
Audit  of  accounting  documents 
Member  States  which  have notified  implementing  measures: all 

240 

89/0666 
Disclosure  requirements  for  company  branches 
Member  States  which  have  notified  implementing  measures: B, DK,  D, E, 
EL,  F, I, IRL, L, NL, P, S,  UK. 

Belgium  -  92/0036, no  measures  notified,  terminated  in  1995 

89/0667 
Single-member  private  limited  companies 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, I, IRL, L, NL, P,  S, UK. 

Belgium  -  92/0037, terminated  in  1995 
Spain 
Ireland 

-  92/0291,  terminated  in  1995 

-  92/0158, terminated  in  1995 

90/0604 
Annual  accounts  - consolidated  accounts: publication  in ECUs 
Member States which have notified  implementing measures: B, DK, D, EL, 
E,  F, IRL, I, L, NL, P, S, UK. 

Spain 
Portugal  -  94/0484, terminated  in  1995 

-  94/0432, terminated  in  1995 

90/0605 
Annual  accounts  - consolidated  accounts:  scope  of  application 
Member  States which have notified  implementing  measures: B, DK, EL, E, 
F, IRL, I, L, NL, P,  S, UK. 

Germany 
Greece 
Spain 
Portugal  -  93/0439, terminated  in  1995 

-  93/0108, referral  in  1995 
-  93/0155, terminated  in  1995 
-  93/0194, terminated  in  1995 

92/0101 
Maintenance  and  alteration  of  the  capital  of  public 
companies 
Member  States  which  have  notified  implementing  measures: B, DK,  D, E, 
F,  I, NL,  S, UK. 

limited-liability 

241 

-  no measures  notified,  reasoned  opinion  in  1995 
-  94/0435, no measures  notified,  terminated  in  1995 

Belgium  -  94/0401, terminated  in  1995 
Greece 
Spain 
Ireland  -  94/0458, no measures  notified,  reasoned  opinion  in  1995 
94/0473,  no  measures  notified,  reasoned  opinion 
Luxembourg  - 
in  1995 

Portugal 

-  94/0489,  no  measures  notified,  reasoned  opinion  in 

1995 

Intellectual  and industrial  property 

87/0054 
Legal  protection  of  semi-conductor  products 
Member  States which  have  notified  implementing  measures: all 

89/0104 
Trade  marks 
Member  States which have notified  implementing  measures: DK, EL, E, F, 
FIN, I,  S, A,  UK. 

Belgium  -  93/0038, no measures  notified,  Art.  169 letter in  1993, 

reasoned  opinion  in  progress 

Ireland  -  93/0289, no measures  notified,  Art.  169 letter in  1993, 

reasoned  opinion  in  progress 

Luxembourg  - 

93/0369,  no  measures  notified,  Art.  169  letter  in 
1993, 

reasoned  opinion  in  progress 

Netherlands 

- 

93/0404,  no  measures  notified,  Art.  169  letter  in 
1993, 

reasoned  opinion  in  progress 

91/0250 
Legal  protection  of  computer  programs 
Member  States which have notified  implementing  measures: all 

United  Kingdom  -  93/4459,  not  properly  implemented,  Art.  169 

letter  in  1995 

242 

92/0100 
Rental  and  lending right 
Member  States which  have  notified  implementing  measures:  A, B,  D,  DK, 
E, EL, F, FIN,  I, S. 

Ireland  -  94/0855, no measures  notified,  Art.  169 letter in  1995 
Luxembourg  - 

94/0894,  no  measures  notified,  Art.  169  letter  in 
1995 

Portugal 
-  94/0927, no measures notified,  Art.  169 letter in  1995 
The  Netherlands  -  94/0911, no measures notified, Art. 169 letter in 

United  Kingdom  -  94/0952, no measures notified, Art.  169 letter in 

1995 

1995 

93/0083 
Copyright  - satellite  broadcast  and  cable  retransmission 
Member States which have notified  implementing measures: B, DK, E, FIN, 
S. 

Germany  -  95/0047, no measures  notified,  Art.  169 letter in  1995 
-  95/0065, no measures  notified,  Art.  169 letter in  1995 
Greece 
France 
-  95/0102, no measures  notified,  Art.  169 letter in  1995 
Ireland  -  95/0114, no measures  notified,  Art.  169 letter in  1995 
-  95/0132, no measures  notified,  Art.  169 letter  in  1995 
Italy 
Luxembourg  - 

95/0147,  no  measures  notified,  Art.  169  letter  in 
1995 
95/0157,  no  measures  notified,  Art.  169  letter  in 
1995 

Netherlands 

- 

Portugal 
-  95/0177, no measures notified,  Art.  169 letter in  1995 
United  Kingdom  -  95/0201, no measures notified, Art.  169 letter in 

1995 

93/0098 
Term  of protection  of  copyright  and  certain  related rights 
Member  States which have notified  implementing  measures: B, DK, D, EL, 
E,  FIN,  IRL,  S. 

France 
Italy 
Luxembourg  - 

-  95/0502, no measures  notified,  Art.  169 letter  in  1995 
-  95/0545, no measures  notified,  Art.  169 letter in  1995 

95/0568,  no  measures  notified,  Art.  169  letter  in 
1995 

The Netherlands  -  95/0589, no measures notified, Art.  169 letter in 

1995 

243 

Portugal 

- 

95/0606,  no  measures  notified,  Art.  169  letter  in 
1995 

United  Kingdom  -  95/0632, no measures notified, Art.  169 letter in 

1995 

Public  contracts 

71/0305 
Public works  contracts  (amended  by  Directive  89/0440) 
Member  States which  have  notified  implementing  measures: all 

Spain 

-  90/0875,  not  properly  implemented,  referral  in  1992, Ca 
se  C-91/0071, judgment  in  1993, Art.  171  letter  sent  in 
1994,  suspended  in  1995 

77/0062 
Public  supply  contracts  (amended  by  Directive  88/0295) 
Member  States which  have notified  implementing  measures: all 

Spain 

-  90/0875, not  properly  implemented,  referral  in  1992, Ca 
se  C-91/071,  judgment  in  1993,  Art.  171  letter  sent  in 
1994, suspended  in  1995 

80/0767 
Public  supply  contracts 
Member  States which  have  notified  implementing  measures: all 

88/0295 
Public  supply  contracts  (amending  Directive  77/0062) 
Member  States which  have  notified  implementing  measures: all 

Germany 

-  92/2005, not properly  implemented,  referral  in  1993 -

Case C-93/433, 
terminated  in  1995 

Greece 

-  92/0601,  no  measures  notified, 

referral 

in  1995, 

Spain 

terminated  in  1995 
-  92/0588,  no  measures  notified,  reasoned  opinion  in 
1993,  referral  in  1994,  Case  C-94/256,  terminated  in 
1995 

244 

Portugal  -  94/2104,  not properly  implemented,  suppl. Art.  169  letter 

in  1994 

89/0440 
Public  works  contracts  (amending  Directive  71/0305) 
Member  States  which  have  notified  implementing  measures:  all 

Germany 

-  92/2004,  not  properly  implemented,  referral  in  1993  -

Case  C-93/433, 
terminated  in  1995 

Belgium  -  93/2156,  not  properly  implemented,  reasoned  opinion  in 

Spain 

1994,  suspended  in  1995 
-  92/0589,  no  measures  notified,  reasoned  opinion  in 

1993, 

referral  in  1994? 

Greece 

-  Case  C-94/256,  terminated  in  1995 
-  93/2295,  not  properly  implemented,  Art.  169  letter  in 

1995,  terminated  in  1995 

89/0665 
Public  contracts  -  review  procedures 
Member  States  which  have  notified  implementing  measures:  all 

Germany 

-  95/2044,  not  properly  implemented,  Art.  169  letter  i 

n  1995 

Spain 

-  95/2054,  not  properly  implemented,  Art.  169  letter  in 

1995 

Greece 

-  92/0271,  no  measures  notified,  referral  in  1995,  Case 

C  95/236 

Greece 

-  94/2153,  not  properly  implemented,  reasoned  opinion  in 

1995 

Portugal  -  94/2236,  not  properly  implemented,  reasoned  opinion  in 

1995 

90/0531 
Public  contracts  -  excluded  sectors 
Member  States  which  have  notified  implementing  measures:  all 
(E:  derogation  until  31.12.1995,  EL  and  P:  derogation  until  1998). 

Belgium  -  92/0659,  no  measures  notified,  Art.  169  letter  in  1992, 

reasoned  opinion  in  1995, terminated  in  1995 

245 

Belgium  -  94/2289,  not  properly  implemented,  Art.  169  letter  in 

1995 

Italy 

-  92/0825, no measures notified,  referral  in 1995, C-95/113, 

terminated  in  1995 

United  Kingdom 

-  94/2054,  not  properly  implemented,  Art.  169 

letter  1994 

92/0013 
Public  contracts  -  review  procedures  (excluded  sectors) 
Member  States which have notified  implementing  measures: all except E, A 
(EL  and  P:  derogation  until  1997) 

Belgium  -  93/0016, no measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

France 

-  95/2082,  not  properly  implemented,  reasoned  opinion  in 

1995 

Ireland 

-  95/2083,  not  properly  implemented,  Art.  169  letter  in 

1995 

Italy 

-  95/2071,  not  properly  implemented,  Art.  169  letter  in 

1995 
United  Kingdom 

-  95/2084,  not  properly  implemented,  Art.  169 

letter  in  1995 

92/0050 
Public  service  contracts 
Member  States which have notified  implementing  measures: all except A, B, 
D,  EL  et  F 

Belgium  -  93/0628,  no  measures  notified,  reasoned  opinion 

in 

1995 

Belgium  -  94/2289,  not  properly  implemented,  Art.  169  letter  in 

Germany 

1995 
-  93/0676,  no  measures  notified,  reasoned  opinion  in 

1994,  referral  in  1995 

Greece 

-  93/0711,  no  measures  notified,  referral  in  1995,  C-95/31 

1 

Spain 
France 
France 

-  93/0726,  no  measures  notified,  reasoned  opinion  in  1994 
-  93/0744, ho measures  notified,  referral  in  1995,  C-95/234 
-  95/2073,  not  properly  implemented,  reasoned  opinion  in 

1995 

Italy 

-  93/0792, no measures notified,  referral  in  1995, C-95/113, 

terminated  in  1995 

Portugal  -  93/0852,  no  measures  notified,  reasoned  opinion  in  1994 

246 

93/0036 
Public  supply  contracts 
Member States which have notified  implementing measures: all except A, B, 
D,  F et I 

Belgium  -  94/0626, no measures notified,  reasoned  opinion  in  1995 
Belgium  -  94/2289,  not  properly  implemented,  Art.  169  letter  in 

Germany 

1995 
-  94/0650,  no  measures  notified,  reasoned  opinion  in 

1995 

Spain 

-  94/0664,  no  measures  notified,  reasoned  opinion  in 

1994 

France 

-  94/0677, no measures notified,  reasoned opinion in 1995, 

referral  in  1995 

Greece 

-  94/0698, no measures notified,  reasoned opinion in 1995, 

terminated  in  1995 

Italy 

-  94/0722, no measures notified,  reasoned  opinion  in  1994 

93/0037 
Public  works  contracts  (consolidating  instrument) 
Member  States  are not  required  to notify  implementing  measures 

Belgium  -  94/2289,  not  properly  implemented,  Art.  169  letter  in 

1995 

93/0038 
Public  contracts  - excluded  sectors 
Member  States  which  have  notified  implementing  measures:  B, DK,  FIN, 
IRL, I, L, NL, S. (E: derogation until  1997, EL and P: derogation until  1998) 

Germany 

-  94/0650,  no  measures  notified,  reasoned  opinion  in 

1995 

France 
United Kingdom 

-  94/0838, no measures notified,  reasoned  opinion  in  1995 
-  94/0957, no measures notified, reasoned opinion 

in  1995 

247 

REMOVAL OF TAX BARRIERS 

Direct  taxation 

69/0335 
tax  system  - Indirect taxes  on the  raising  of  capital 
Member  States which have notified  implementing  measures: all except FIN 

77/0799 
tax  system  - Mutual  assistance  - direct  taxes 
Member  States which  have  notified  implementing  measures: all 

90/0434 
tax  system  - Company  mergers  and  divisions 
Member  States which have  notified  implementing  measures: all  except  EL 

Greece 

-  92/0603, no measures notified,  reasoned opinion  in  1994 

90/0435 
tax system  - Parent  companies  and  subsidiaries 
Member  States which  have notified  implementing  measures: all 

Indirect  taxes 

67/0227 
First  VAT  Directive 
Member  States which  have  notified  implementing  measures: all 

69/0169 
Tax-free  allowances  for  travellers 
Member  States which  have  notified  implementing  measures: all 

77/0388 
Sixth  VAT  Directive 
Member  States which  have  notified  implementing  measures: all 

248 

Greece 
Greece 

-  88/0199, not  properly  applied,  reasoned  opinion  in  1989 
-  91/0778,  not  properly  applied,  referral  in  1994,  Case 

C-94/331 

Greece 
Greece 

-  92/2233, not properly  applied,  reasoned  opinion  in  1995 
-  93/2233, not properly  applied,  reasoned  opinion  in  1995 

Spain 

, terminated  in  1995 
-  92/2232,  not  properly  applied,  reasoned  opinion  in 

1995 

Spain 

-  92/2073,  not  properly  applied,  reasoned  opinion  in 

1994 

France 

-  88/0053, not  properly  applied, judgment  in  1993  -  Case 

C-92/68,  Art.  171 letter  in  1995 

France 
France 
France 
France 
Ireland 
Italy 

-  88/0213, not properly  applied,  reasoned  opinion  in  1989 
-  91/0706, not properly  applied,  reasoned  opinion  in  1994 
-  91/0798, not properly  applied,  reasoned  opinion  in  1994 
-  92/2069, not properly  applied,  reasoned  opinion  in  1994 
-  88/0200, not  properly  applied,  reasoned  opinion  in  1989 
-  92/2002,  not  properly  applied,  referral  in  1995  -  Case 

Luxembourg 

C-95/45 
- 

Luxembourg 

Netheriands 

- 

- 

terminated  in  1995 

89/0469, not properly applied, judgment in  1993 -
Case  C-92/69, 
91 /073 8, not properly applied, reasoned opinion in 
1994 
88/0201, not properly applied, reasoned opinion in 
1989 

Portugal  -  92/2074, not properly  applied,  reasoned  opinion  in  1994 
-  88/0202, not properly applied, reasoned opinion 
United Kingdom 

in  1989 

78/1035 
Tax exemptions  for  small  consignments 
Member  States which  have  notified  implementing  measures: all 

79/1070 
Mutual  assistance  - direct  taxes  and  VAT 
Member  States  which  have  notified  implementing  measures: all 

79/1072 
Eighth  VAT  Directive 
Member  States which have  notified  implementing  measures: all 

249 

Italy 

-  90/0031,  not properly  applied,  Art.  171 letter  in  1993, 

terminated  in  1995 

Spain 

-  91/4161,  not  properly  applied,  referral  in  1995  -  Case 

C-95/16 

Portugal  -  90/2253, not properly  applied, reasoned opinion  in  1994, 

terminated  in  1995 

80/0368 
Eleventh  VAT Directive  - French  overseas  departments 
Member  States  which  have  notified  implementing  measures: all 

83/0181 
VAT  - final import  of  goods 
Member  States which  have  notified  implementing  measures: all 

83/0182 
Tax  exemptions  on temporary  import  of  means  of transport 
Member  States  which  have  notified  implementing  measures: all 

83/0183 
Tax exemptions  on permanent  imports  of personal  property 
Member  States  which  have  notified  implementing  measures: all 

84/0386 
Tenth  VAT  Directive 
Member  States which  have  notified  implementing  measures: all 

85/0346 
VAT - exemption of certain final imports of goods - fuel  of utility vehicles 
Member  States  which  have  notified  implementing  measures: all 

85/0576 
Tax  exemptions  for  small  consignments 
Member  States  which  have  notified  implementing  measures: all 

250 

86/0560 
13th VAT directive - taxable persons not established in Community territory 
Member  States which  have  notified  implementing  measures: all 

88/0331 
VAT  - final import  of  goods 
Member  States which  have  notified  implementing  measures: all 

88/0664 
Tax-free  allowances 
Member  States  which  have  notified  implementing  measures: all 

89/0219 
VAT  - final import  of  goods 
Member  States which  have  notified  implementing  measures: all 

89/0220 
Exemptions  - combined  nomenclature 
Member  States which  have  notified  implementing  measures: all 

89/0465 
18th VAT  Directive 
Member  States  which  have  notified  implementing  measures: all 

Netheriands 

- 

92/2241, not properly applied, reasoned opinion in 
1995 

89/0604 
Tax  exemptions  on permanent  imports  of personal  property 
Member  States  which  have  notified  implementing  measures: all 

91/0680 
VAT  - abolition  of tax  frontiers 
Member  States  which  have  notified  implementing  measures: all 

251 

92/0012 
Arrangements  for  products  subject  to  excise  duty 
Member  States  which  have  notified  implementing  measures: all 

92/0077 
Approximation  of VAT  rates 
Member  States  which have  notified  implementing  measures: all. 

Portugal  -  93/2024, not properly  applied, reasoned opinion  in  1994, 

terminated  in  1995 

92/0079 
Taxes  on  cigarettes 
Member  States  which  have  notified  implementing  measures: all 

92/0080 
Taxes  on  tobacco 
Member  States  which  have  notified  implementing  measures: all 

92/0081 
Excise  duty  on mineral  oils 
Member  States  which  have  notified  implementing  measures: all 

92/0082 
Excise  duty  on  mineral  oils 
Member  States  which  have  notified  implementing  measures: all 

92/0083 
Excise  duty  on  alcohol 
Member  States  which  have  notified  implementing  measures: all 

92/0084 
Excise  duty  on  alcohol 
Member  States  which  have  notified  implementing  measures: all 

252 

92/0108 
Products subject to excise duties - Amendment of Directives 92/12/EEC and 
92/81/EEC 
Member  States  which  have  notified  implementing  measures: all 

92/0111 
VAT  -  simplification  measures 
Member  States  which  have  notified  implementing  measures: all. 

94/0004 
Tax-free  allowances  for  travellers  - imports  and  duty-free  purchases 
Member  States  which  have  notified  implementing  measures: all 

94/0005 
7th VAT  directive - second-hand  goods, works  of art, collectors'  items and 
antiques 
Member  States  which  have  notified  implementing  measures:  all  except  P 

Portugal  -  95/0182, no  measures  notified,  Art.  169 letter  in  1995 

94/0074 
Amendment  Directives  92/12/EEC,  92/81/EEC and  92/82/EEC 
Member  States  which  have  notified  implementing  measures: NL 

-  95/0442, no measures notified,  Art.  169 letter in  1995 

-  95/0428, no measures notified,  Art.  169 letter in  1995 
-  95/0493, no measures notified,  Art.  169 letter in 1995 

Germany 
Belgium  -  95/0412, no  measures  notified,  Art.  169 letter  in  1995 
Denmark 
Spain 
France 
Greece 
Ireland 
Italy 
Luxembourg 

-  95/0515, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0468, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0534, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0558, no  measures  notified,  Art.  169 letter  in  1995 

95/0579,  no  measures  notified,  Art.  169  letter  in 
1995 

- 

Portugal  -  95/0622, no  measures  notified,  Art.  169 letter  in  1995 
United Kingdom 

-  '95/0641, no measures notified, Art.  169 letter in 

1995 

253 

94/0075 
Temporary  derogation  measures  /  amendment  Dir.94/4/EC 
(addressee:  Germany  and  Austria) 
Member  States  which  have  notified  implementing  measures: A and  D 

94/0076 
VAT  -  measures  enlargement  context 
Member  States which have notified  implementing measures: D, DK, EL, E, 
IRL, UK 

Belgium  -  95/0243, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0301, no  measures  notified,  Art.  169 letter  in  1995 
France 
Italy 
-  95/0332, no  measures  notified,  Art.  169 letter  in  1995 
Luxembourg 

- 

95/0348,  no  measures  notified,  Art.  169  letter  in 
1995 
95/0356,  no  measures  notified,  Art.  169  letter  in 
1995 

Netheriands 

- 

Portugal  -  95/0375, no measures  notified,  Art.  169 letter  in  1995 

95/0059 
Consolidated  tobacco  directives 
Member States which have notified  implementing measures: no  notification 
required 

254 

2.  CONSUMER PROTECTION AND  PRODUCT SAFETY 

71/0307 
Textile  names 
Member  States which  have notified  implementing  measures: all 

72/0276 
Analysis  of textile  fibres. 
Member  States which  have  notified  implementing  measures: all 

73/0044 
Analysis  of textile  fibres 
Member  States which  have  notified  implementing  measures: all 

76/0768 
Cosmetics 
Member  States which  have notified  implementing  measures: all 

Spain 

-  87/0371,  not  properly  implemented,  -  suppl.  reasoned 

opinion  in  1992, 
terminated  in  1995 

France 

-  86/0390, not properly implemented - Case C-91/246, Art. 

171 letter  in  1995 

Portugal  -  90/0207, not properly  implemented,- reasoned opinion in 

1992 

79/0076 
Analysis  of textile fibres. 
Member  States  which  have  notified  implementing  measures: all 

79/0581 
Indication  of the prices  of  foodstuffs 
Member  States  which  have notified  implementing  measures: all 

80/1335 
Cosmetics 
Member  States  which have  notified  implementing  measures: all 

255 

81/0075 
Analysis  of  textile  fibres 
Member  States  which  have  notified  implementing  measures:  all 

82/0147 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

82/0368 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

82/0434 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

83/0191 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

83/0341 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

83/0496 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

83/0514 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

83/0574 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

256 

83/0623 
Textile  names 
Member  States  which  have  notified  implementing  measures:  all 

84/0415 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

84/0450 
Misleading  advertising 
Member  States  which  have  notified  implementing  measures:  all 

85/0374 
Defective  products 
Member  States  which  have  notified  implementing  measures:  all  except  F 

France 

-  90/0519,  no  measures  notified,  judgment  in  1993  -  Case 

C-91/293,  Art.  171  reasoned  opinion  in  1995 

United  Kingdom 

-  89/0153,  not  properly  implemented,  reasoned 

opinion  in  1990,  referral  in  1995 

85/0391 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

85/0490 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

85/0577 
Contracts  negotiated  away  from  business  premises 
Member  States  which  have  notified  implementing  measures:  all 

Belgium  -  91/0212,  not  properly  implemented,  reasoned  opinion  in 

1993 

France 

-  91/0017,  not  properly  implemented,  reasoned  opinion  in 

1993,  terminated  in  1995 

257 

86/0179 
Cosmetics 
Member  States  which  have notified  implementing  measures: all 

86/0199 
Cosmetics 
Member  States  which  have  notified  implementing  measures: all 

87/0102 
Consumer  credit. 
Member  States  which  have  notified  implementing  measures: all 

Spain 

-  90/0567,  no  measures  notified,  reasoned  opinion  in 

1992, referral  in  1993, Case  C-93/390 

87/0137 
Cosmetics 
Member  States  which  have  notified  implementing  measures: all 

87/0140 
Textile  names 
Member  States  which  have  notified  implementing  measures: all 

87/0143 
Cosmetics 
Member  States  which  have  notified  implementing  measures: all 

87/0184 
Analysis  of textile  fibres 
Member  States  which  have  notified  implementing  measures: all 

87/0357 
Dangerous  imitations 
Member  States  which  have  notified  implementing  measures: all 

88/0233 
Cosmetics 
Member  States  which  have  notified  implementing  measures: all 

258 

88/0314 
Indication  of  the  prices  of  non-food  products 
Member  States  which  have  notified  implementing  measures:  all 

88/0315 
Indication  of  the  prices  of  foodstuffs 
Member  States  which  have  notified  implementing  measures:  all 

88/0378 
Toy  safety 
Member  States  which  have  notified  implementing  measures:  all 

88/0667 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

89/0174 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

90/0088 
Consumer  credit 
Member  States  which  have  notified  implementing  measures:  A,  B, DK,  D, 
EL,  E,  FIN,  IRL,  I, NL,  P,  L,  S,  UK 

Spain 

-  93/0203, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 
Ireland 

-  93/0242, no  measures  notified,  reasoned  opinion  in  1995 
-  93/0283, no  measures  notified,  Art.  169  letter  in  1993 

90/0121 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

90/0207 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  all 

259 

Portugal  -  91/0530, no measures notified,  reasoned opinion in 1992, 

terminated  in  1995 

90/0314 
Package  tours 
Member  States  which  have  notified  implementing  measures:  B, DK,  D,  E, 
F,  IRL,  I, FIN, L, NL, P,  S, UK, 

Belgium  -  93/0030, no measures notified,  reasoned opinion in  1994, 

Germany 

terminated  in  1994 
-  93/0110,  no  measures  notified,  reasoned  opinion  in 

1994 
terminated  in  1994 

- 

Greece 
Spain 

-  93/0157, no measures notified,  reasoned  opinion  in  1995 
-  93/0196  ,  no  measures  notified,  reasoned  opinion  in 

1994, terminated  in  1995 

Ireland 

-  93/0279, no measures notified,  reasoned opinion in 1995, 

terminated  in  1995 

~-

Italy 

-  93/0315,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Luxembourg 

- 

93/0359, no measures  notified, 
reasoned  opinion  in  1994 - terminated  in  1994 

91/0184 
Cosmetics 
Member  States which  have notified  implementing  measures: all 

92/0008 
Cosmetics 
Member  States which  have  notified  implementing  measures: all 

92/0059 
General  product  safety 
Member States which have notified  implementing measures: A, B, DK, FIN, 
F,  I, NL,  P, S, UK 

Germany 
Spain 
Greece 
Ireland 

-  94/0648, no measures notified,  Art.  169 letter in  1994 
-  94/0662, no measures notified,  Art.  169 letter in  1994 
-  94/0700, no measures notified,  reasoned  opinion  in  1995 
-  94/0710, no  measures  notified,  Art.  169 letter  in  1994 

260 

Italy 

-  94/0720,  no  measures  notified,  Art.  169  letter  in  1994 

- 
Luxembourg 

terminated  in  1995 
- 

94/0733,  no  measures  notified, 
reasoned  opinion  in  1995 
Portugal  -  94/0752,  no  measures  notified,  reasoned  opinion 

in 

1995 

92/0086 
Cosmetics 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  D, 
EL,  E,  FIN,  F,  I,  IRL,  L,  NL,  S,  UK 

-•*  Greece 

-  93/0706,  no  measures  notified,  Art.  169  letter  in  1993 

- 

terminated  in  1995 

"  Portugal  -  93/0857,  no  measures  notified,  reasoned  opinion  in  1995 

93/0013 
Unfair  contract  terms 
Member  States which  have  notified  implementing  measures: A, B, DK,  EL, 
FIN,  F,  IRL,  NL,  P,  S,  UK 

Germany 
Spain 
Italy 
Luxembourg 
Portugal 

95/0045,  no  measures  notified,  Art.  169  letter  in  1995 
95/0079,  no  measures  notified,  Art.  169  letter  in  1995 
95/0130,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0145,  no  measures  notified,  Art.  169  letter  in  1995 
95/0168,  no  measures  notified,  Art.  169  letter  in  1995 
-  terminated  in  1995 

United  Kingdom  -  95/0193,  no  measures  notified,  Art.  169  letter  in 1995 

-  terminated  in  1995 

93/0035 
Cosmetics 
Mernber  States  which  have  notified  implementing  measures:  DK,  NL,  L,  S 

Belgium  -  95/0393, no  measures  notified,  Art.  169 
-  95/0432, no measures  notified,  Art. 1 
Germany 
-  95/0450,  no  measures  notified,  Art.  169 
Greece 
-  95/0476, no measures  notified,  Art. 1 
Spain 
-  95/0508,  no  measures  notified,  Art.  169 
France 
-  95/0522,  no  measures  notified,  Art.  169 
Ireland 
-  95/0541,  no  measures  notified,  Art.  169 
Italy 

letter  in  1995 
69 letter  in  1995 
letter  in  1995 
69 letter  in  1995 
letter  in  1995 
letter  in  1995 
letter  in  1995 

261 

Netheriands 

- 

95/0587,  no  measures  notified,  Art.  169  letter  in 
1995 

Portugal  -  95/0603, no  measures  notified,  Art.  169 letter  in  1995 
United Kingdom -  95/0631,  no  measures  notified,  Art.  169  letter  in 

1995 

93/0047 
Cosmetics 
Member  States which have  notified  implementing  measures: A, B, DK, D, 
EL, E, FIN, F, I, L, NL,  S, UK 

Germany 

-  94/0651,  no  measures  notified,  Art. 169 letter in 1994 

-  terminated  in  1994 

Belgium  -  94/0627, no  measures  notified, 

Art. 169 letter in 1994 

-  terminated  in  1994 

Greece 

-  94/0697, no  measures  notified, 

Art. 169 letter in 1994 

-  terminated  in  1995 

Ireland 
Luxembourg 

- 

-  94/0713, no  measures  notified, 

Art. 169 letter in 1994 
94/0735, no  measures  notified,  Art. 169 letter in 
1994 
-  terminated  in  1994 
94/0745, no  measures  notified,  Art. 169 letter in 
1994 
-  terminated  in  1995 

Netheriands 

- 

Portugal  -  94/0754, no  measures  notified, 

Art. 169 letter in 1994 

93/0073 
Cosmetics 
Member States which have notified  implementing measures: A, DK, D, EL, 
E, FIN, L, NL,  S, UK 

Belgium  -  94/0792, no  measures  notified, 
-  94/0846, no measures  notified, 
France 
-  94/0862, no  measures  notified, 
Ireland 
-  94/0886, no  measures  notified, 
Italy 
Luxembourg 

Art. 169 letter in 1995 
Art. 169 letter in 1995 
Art. 169 letter in 1995 
Art. 169 letter in 1994 
- 94/0908, no measures notified, Art. 169 letter in 1995 

-  terminated  in  1995 

Netheriands 

- 94/0920, no measures notified, Art. 169 letter in 1994 

-  terminated  in  1995 

Portugal  -  94/0944, no  measures  notified, 

Art. 169 letter in 1995 

94/0032 

262 

Cosmetics 
Member  States  which  have  notified  implementing  measures: A, DK,  D, E, 
F, L, NL,  S, FIN, UK 

Belgium  -  95/0405, no  measures  notified, 
-  95/0458, no  measures  notified, 
Greece 
-  95/0508, no  measures  notified, 
France 
-  95/0528, no  measures  notified, 
Ireland 
Italy 
-  95/0551,  no  measures  notified, 
Portugal  -  95/0613, no  measures  notified, 
United Kingdom 

Art. 169 letter in 1995 
Art. 169 letter in 1995 
Art. 169 letter in 1995 
Art  169 letter in 1995 
Art. 169 letter in 1995 
Art. 169 letter in 1995 
-  95/0636, no measures notified, Art. 169 letter in 

1995 

-  terminated  in  1995 

94/0047 
Purchase  of right  to  use  immovable  properties  on a timeshare  basis 
Member  States which  have notified  implementing  measures: no 

95/0017 
Cosmetics 
Member  States  which  have  notified  implementing  measures: DK 

95/0034 
Cosmetics 
Member  States which  have  notified  implementing  measures: no 

263 

3.  COMPETITION 

88/0301 
Competition  in the  markets  for  telecommunications  terminals 
Member  States  which  have  notified  implementing  measures: all 

Belgium  -  89/0330, not  properly  applied, reasoned  opinion  in  1991 

90/0388 
Competition  in the  markets  for  telecommunications  services 
Member  States  which  have  notified  implementing  measures: B, DK, D, E, 
F,  IRL, L, NL,  P, UK 

Greece 

-  91/0352, no measures notified,  reasoned opinion,  referral 

in  1994, 
Case C-94/281 

Italy 

-  94/2004, no  measures  notified,  Art.  169 letter  in  1994, 

(to be terminated  in  1996) 

93/0084 
Transparency  of  financial  relations  between  Member  States  and  public 
undertakings 
Member  States  which  have  notified  implementing  measures: DK,  D, E, F, 
IR, I, L, NL,  P, UK 

Belgium  -  93/0030, no measures notified,  reasoned  opinion  in  1994 
-  94/0092, no measures notified, Art.  169 letter in 1994, 
Germany 

terminated  in  1995 

Greece 
Ireland 

-  94/0102, no measures notified,  reasoned  opinion  in  1994 
-  94/0226, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Italy 

-  94/0259, no measures  notified,  Art.  169 letter  in  1994, 

Luxembourg 

terminated  in  1995 
- 

94/0293, no  measures  notified,  Art.  169 letter  in 
1994, 

terminated  in  1995 

264 

94/0046 
Satellite  communications 
Member  States  which  have  notified  implementing  measures: B,  DK,  D, F, 
NL,  UK. 

-  95/0463, Art.  169 letter  in  1995 
-  95/0489, Art.  169 letter  in  1995 
-  95/0530, Art.  169 letter  in  1995 
-  95/0553, Art.  169 letter  in  1995 

Greece 
Spain 
Ireland 
Italy 
Luxembourg 
Portugal  -  95/0618, Art.  169 letter  in  1995 

- 

95/0576, Art.  169 letter  in  1995 

4.  EMPLOYMENT AND  SOCIAL POLICY 

64/0221 
Public  policy  and public  health 
Member  States  which  have notified  implementing  measures: all 

68/0360 
Movement  and residence  of  workers 
Member  States  which  have notified  implementing  measures: all 

72/0194 
Right  to  reside  in the Member  States 
Member  States  which  have  notified  implementing  measures: all 

75/0117 
Equal  pay  for  men  and  women 
Member  States  which  have notified  implementing  measures: all 

Greece 

-  91/4668, reasoned  opinion  in  1995 

75/0129 
Collective  redundancies 
Member  States  which  have notified  implementing  measures: all 

265 

United  Kingdom 

-  89/0536,  not  properly  implemented,  referral  in 

1992 

-  Case  C-92/383, judgment  in  1994 

76/0207 
Equal  treatment  of  men  and  women 
Member  States which  have  notified  implementing  measures: B, DK,  D,  EL, 
E,  IRL,  I,  L,  NL,  P,  UK. 

Belgium  -  89/0458,  not  properly  applied,  judgment  in  1993  -  Case 

C-91/173, 

reasoned  opinion  (171)  in  1995 

France 

-  90/0445,  no  measures  notified,  Art.  171  letter  in  1990, 

reasoned  opinion  (171)  in  1995 

Greece 
Italy  -  90/2226,  not  properly  applied,  reasoned  opinion  in  1995 

-  90/2224,  not  properly  applied,  reasoned  opinion  in  1995 

77/0187 
Safeguarding  of  employees'  rights  in  the  event  of  the  transfer  of  firms 
Member  States  which  have  notified  implementing  measures:  all 

United  Kingdom 

-  89/0537,  not  properly  implemented,  referral  in 

1992 

-  Case  C-92/382, judgment  in  1994 

78/0610 
Health  protection  of  workers  -  vinyl  chloride  monomer 
Member  States  which  have  notified  implementing  measures:  all 

79/0007 
Equal  treatment  in  social  security 
Member  States  which  have  notified  implementing  measures:  all 

Ireland 
Greece 
United  Kingdom 

-  89/0024,  terminated  in  1995 
-  91/4668,  not  properly  applied,  reasoned  opinion  in  1995 
-  90/0252,  not  properly  applied,  terminated  in 

1995 

266 

80/0987 
Protection  of workers  - insolvency  of  employers 
Member  States  which  have  notified  implementing  measures: all 

Greece 

-  86/0116,  not  properly  implemented,  Art.  171  letter  in 

1993 

80/1107 
Protection  of workers  against  chemicals 
Member  States  which  have  notified  implementing  measures: all 

82/0130 
Electrical  equipment 
Member  States  which  have  notified  implementing  measures: all 

82/0605 
Protection  of workers  - metallic  lead 
Member  States which  have  notified  implementing  measures: all 

83/0477 
Protection  of workers  -  asbestos 
Member  States  which  have  notified  implementing  measures: all 

86/0188 
Protection  of workers  from  noise 
Member  States  which  have  notified  implementing  measures: all 

86/0378 
Equal  treatment  of men  and  women 
Member States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL, I, L, NL, P, UK. 

-  90/0342, terminated  in  1995 

Belgium  -  90/0341,  terminated  in  1995 
Denmark 
Greece 
Italy 
Luxembourg  -  90/0345, terminated  in  1995 
Netheriands 

-  90/0343, terminated  in  1995 
-  90/0344, terminated  in  1995 

91/0134, terminated  in  1995 

- 

267 

86/0613 
Equal  treatment  of men  and  women 
Member  States  which  have  notified  implementing  measures: all 

88/0035 
Electrical  equipment 
Member  States  which  have  notified  implementing  measures: all 

88/0364 
Protection  of workers  against  specific  agents 
Member  States  which  have  notified  implementing  measures: all except  A. 

88/0642 
Protection  of workers  against  chemicals 
Member  States  which  have  notified  implementing  measures: all 

89/0391 
Health  and  safety  of  workers 
Member States which have notified  implementing measures: B, DK, D, EL, 
F,  I, IRL, L, NL, P, UK. 

Greece 

-  93/0163, no measures notified,  reasoned opinion in  1994, 

Spain 

terminated  in  1995 
-  93/0208,  no  measures  notified,  reasoned  opinion  in 

1994, referral  in  1995 

Italy  -  93/0322,  no  measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

89/0622 
Labelling  of tobacco  products 
Member  States  which  have  notified  implementing  measures: all 

89/0654 
Health  and  safety  at the  workplace 
Member States which have notified  implementing measures: B, D, DK, EL, 
F,  IRL, I, L, NL, P, UK  (derogation  EL). 

Spain 

-  93/0207, no  measures  notified,  referral  in  1995 

268 

Greece 
Italy 
Luxembourg 

-  95/0553, no  measures  notified,  terminated  in  1995 
-  93/0321,  no  measures  notified,  terminated  in  1995 

- 

93/0367, no measures notified, terminated  in 1995 

89/0655 
Health  and  safety  - work  equipment 
Member States which have notified  implementing measures: B, DK, D, EL, 
F,  I, IRL, L, NL, P, UK. 

Spain 
Greece 
Italy 
Luxembourg 

-  93/0206, no  measures  notified,  referral  in  1995 
-  93/0546, no  measures  notified,  terminated  in  1995 
-  93/0571,  no  measures  notified,  terminated  in  1995 

- 

93/0366, no measures notified, terminated in 1995 

89/0656 
Personal  protective  equipment 
Member States which have notified  implementing measures: B, DK, D, EL, 
F,  IRL, I, L, NL, P, UK. 

Belgium  -  93/0035, no  measures  notified,  terminated  in  1995 
Germany 
Spain 
Greece 
Italy 
Luxembourg  93/0365, no  measures  notified,  terminated  in  1995 

-  93/0116, no  measures  notified,  terminated  in  1995 
-  93/0205, no  measures  notified,  referral  in  1995 
-  93/0545, no measures  notified,  terminated  in  1995 
-  93/0320, no  measures  notified,  terminated  in  1995 

90/0239 
Maximum  tar  yield  of  cigarettes 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL, I, L, NL, P, UK. 

Netheriands 

- 

92/0447,  no  measures  notified,  Art.  169  letter  in 
1992, terminated  in  1995 

90/0269 
Health  and  safety  of  workers 
Member  States which have notified  implementing measures: B, DK, D, EL, 
I, IRL, F, L, NL, P, UK. 

269 

Spain 

-  93/0199,  no  measures  notified,  reasoned  opinion  in 

1994, referral  in  1995 

Greece 

Italy 

-  93/0160, no measures  notified,  Art.  169 letter  in  1993, 
reasoned  opinion  in  1994, terminated  in  1995 
-  93/0318,  no  measures  notified,  Art.  169 letter  in  1993, 
reasoned  opinion  in  1994, terminated  in  1995 

Luxembourg  -  93/0361, no measures notified, Art.  169 letter in 1993, 

reasoned  opinion  in  1994, terminated  in  1995 

90/0270 
Health  and  safety  - display  screen  equipment 
Member States which have notified  implementing measures: B, D, DK, EL, 
F, IRL, I, L, NL,  P, UK. 

Greece 

-  93/0159, no measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Spain 

-  93/0198,  no  measures  notified,  Art.  169  letter  in  1993, 

referral  in  1995 

Italy 

-  93/0317, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Luxembourg-  93/0360, no measures notified, Art. 169 letter in  1993, 

terminated  in  1995 

90/0394 
Protection  of workers  -  carcinogens 
Member  States which have notified  implementing measures: B, DK, D, EL, 
F,  IRL,  I, L, NL, P, UK. 

Spain 

-  93/0195,  no  measures  notified,  reasoned  opinion  in 

1994, referral  in  1995 

Greece 

-  93/0156, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Italy 

-  93/0314, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Luxembourg  -  93/0358,  no  measures  notified,  reasoned  opinion  in 

1994 terminated  in  1995 

270 

90/0679 
Risks  relating  to  exposure  to  biological  agents  at  work 
Member  States  which  have  notified  implementing  measures:  D, DK,  EL,  F, 
IRL,  I,  L,  NL,  UK  (derogation  P  until  31.12.1995) 

Belgium  -  94/0005,  no  measures  notified,  Art.  169  letter  in  1994, 
reasoned  opinion  to  be  sent  in  1996 

Spain 

-  94/0133, no measures notified,  Art.  169 letter  in  1994, 

r e a s o n ed 

opinion  to be  sent  in 
1996 

Luxembourg- 

Netheriands 

94/0266,  no  measures  notified,  Art.  169  letter  in 
1994,  terminated  in  1995 
- 

94/0300,  no  measures  notified,  Art.  169  letter  in 
1994,  terminated  in  1995 

United  Kingdom  -  94/0364,  no  measures  notified,  Art.  169  letter  in 

1994,  terminated  in  1995 

91/0269 
Electrical  equipment  for  use  in  mines  susceptible  to  firedamp 
Member  States  which  have  notified  implementing  measures:  all 

91/0322 
Protection  of  workers  from  risks  relating  to  exposure  to  chemical,  physical 
and  biological  agents 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  I, 
IRL,  L,  NL,  FIN,  S,  UK 

Greece 
Spain 
France 
Ireland 

-  94/0505,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0506,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0507,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0508,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

91/0382 
Protection  of  workers  (asbestos) 
Member  States  which  have  notified  implementing  measures:  all 

91/0383 
Health  and  safety  of  temporary  workers 

271 

Member States which have notified  implementing measures: DK, E, F, IRL, 
L, NL,  P, UK. 

Belgium  -  93/0023, no  measures  notified,  Art.  169 letter  in  1993 
Germany 

-  93/0097, no measures notified,  reasoned opinion to be 

sent  in  1996 

Greece 

-  93/0147,  no  measures  notified,  reasoned  opinion  to  be 

sent  in  1996 

France 
Italy 

-  93/0232, no  measures  notified,  terminated  in  1995 
-  93/0309,  no  measures  notified,  reasoned  opinion  to  be 

sent  in  1996 

Luxembourg 

Netheriands 

- 

- 

93/0348, no  measures  notified,  Art.  169  letter  in 
1993, terminated  in  1995 
93/0389,  no  measures  notified,  Art.  169  letter  in 
1993, terminated  in  1995 

91/0533 
Obligation  to  inform  employees  of  the  conditions  applicable  to  the 
employment  relationship 
Member  States  which  have  notified  implementing  measures:  B, D,  EL, F, 
IRL, L, NL, P, UK 

Belgium  -  93/0623, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Germany 

-  93/0670, no measures notified,  Art.  169 letter in  1993 

Greece 

-  93/0717, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

France 

-  93/0739, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

terminated  in  1995 

Italy  -  93/0787,  no  measures  notified,  Art.  169  letter  in  1993, 

Luxembourg 

reasoned  opinion  in  1995 
- 

93/0813,  no  measures  notified,  Art.  169  letter  in 
1993 
terminated  in  1995 

Portugal  -  93/0847, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

92/0029 
Health  and  safety  on  board  ships 
Member  States  which  have  notified  implementing  measures: E, F, FIN,  S. 

272 

Belgium  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Denmark  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Germany  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 
Greece  no  measures  notified,  Art.  169  letter  in  1995 
reasoned  opinion  to  be  sent  in  1996 
Ireland no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Italy  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Luxembourg  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Netheriands  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Portugal  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

United  Kingdom  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

92/0041 
Labelling  of  tobacco  products 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
EL,  F,  I,  IRL,  L,  NL,  A,  P,  FIN,  S,  UK. 

Germany 

- 

92/0714, no measures notified, Art.  169 letter in  1992, 
terminated  in  1995 

France 

-  92/0791,  no  measures  notified,  Art.  169  letter  in  1992, 

terminated  in  1995 

Luxembourg  -  93/0326,  no  measures  notified,  Art.  169  letter  in 1993, 
terminated  in  1995 
Netheriands 

92/0890, no measures notified, reasoned opinion in 
1994, 
referral  in  1994,  terminated  in  1995 

- 

92/0056 
Collective  redundancies 
Member  States  which  have  notified  implementing  measures:  B, DK,  EL,  E, 
I,  L,  NL. 

Belgium  -  94/0778,  no  measures  notified,  terminated  in  1995 
Denmark 

-  94/0797,  no  measures  notified,  terminated  in  1995 

273 

Germany 
Greece 
France 

-  94/0809, no measures  notified,  Art.  169 letter  in  1995 

-  94/0996,  no  measures  notified,  terminated  in  1995 
-  94/0837,  no  measures  notified,  Art.  169  letter  in  1995 
reasoned  opinion  to  be  sent  in  1996 
-  94/0584,  no  measures  notified,  Art.  169  letter  in  1995 
-  94/0870,  no  measures  notified,  terminated  in  1995 

Ireland 
Italy 
Portugal  -  94/0926,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  94/0951, no measures notified,  Art.  169 letter in 

1995 

92/0057 
Minimum safety and health requirements at temporary or mobile  construction 
sites 
Member  States  which  have  notified  implementing  measures: DK,  EL,  E,  F, 
IRL,  L,  NL,  P,  UK 

Belgium  -  94/0013,  no  measures  notified,  Art.  169  letter  in  1994 

reasoned  opinion  to  be  sent  in  1996 

Germany 

-  94/0074, no measures  notified,  Art.  169 letter  in  1994 

Greece 

reasoned  opinion  to  be  sent  in  1996 
-  94/0123, no  measures  notified,  Art.  169  letter  in  1994 

terminated  in  1995 

Spain 

-  94/0141,  no measures  notified,  Art.  169 letter  in  1994 

Ireland 

-  94/0206,  no  measures  notified,  Art.  169  letter  in  1994 

terminated  in  1995 

terminated  in  1995 

Italy 

Luxembourg 

Netheriands 

- 

-  94/0239,  no  measures  notified,  Art.  169  letter  in  1994 
reasoned  opinion  to  be  sent  in  1996 
94/0273,  no  measures  notified,  Art.  169  letter  in 
1994, 
terminated  in  1995 
94/0307,  no  measures  notified,  Art.  169  letter  in 
1994, 
terminated  in  1995 

- 

Portugal 
United  Kingdom  94/0372,  no  measures  notified,  Art.  169  letter  in  ft 

-  94/0338,  no  measures  notified,  terminated  in  1995 

terminated  in  1995 

92/0058 
Safety  and/or  health  signs  at  work 
Member  States which have notified  implementing measures: DK, EL, F, IRL, 
L,  NL,  P 

274 

Belgium  -  94/0624, no  measures  notified,  Art.  169 letter  in  1994 

reasoned  opinion  to  be  sent  in  1996 

Denmark 

- 

94/0636, no measures notified, Art. 169 letter in 1994 

terminated  in  1995 

Germany 

Spain 

-  94/0647, no measures notified,  Art.  169 letter in  1994 
reasoned  opinion  to  be  sent  in  1996 
-  94/0661, no measures notified,  Art.  169 letter in  1994 
reasoned  opinion  to be sent  in  1996 

Greece 

-  94/0701,  no measures  notified,  Art.  169 letter  in  1994 

Ireland 

-  94/0709, no measures  notified,  Art.  169 letter  in  1994 

terminated  in  1995 

terminated  in  1995 

Italy 

-  94/0719, no  measures  notified,  Art.  169 letter  in  1994 

reasoned  opinion  to be  sent in  1996 

Luxembourg - 94/0732, no measures notified,  Art.  169 letter  in  1994 

Portugal  -  94/0751, no measures  notified,  Art.  169 letter  in  1994 

terminated  in  1995 

terminated  in  1995 

United  Kingdom  94/0769,  no  measures  notified,  Art.  169  letter  in 

1994, reasoned  opinion to  be sent  in  1996 

92/0085 
Safety  and  health  at  work  of  pregnant  workers  and  workers  who  have 
recently  given  birth  or are  breastfeeding 
Member  States  which  have  notified  implementing  measures:  DK,  E,  IRL, 
NL,  P, UK. 

Belgium  no measures  notified,  Art.  169 letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Germany no measures  notified,  Art.  169 letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Greece no  measures  notified,  Art.  169 letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 
France no measures  notified,  Art.  169 letter  in  1995 
Italy no  measures  notified,  Art.  169 letter  in  1995 
Luxembourg  no  measures  notified,  Art.  169 letter  in  1995 
Portugal  no measures  notified,  Art.  169 letter to  be sent  in  1995 

terminated  in  1995 

275 

92/0091 
Protection  of  workers  in  extracting  industries  by  drilling 
Member  States which have notified  implementing measures: DK, EL, L,  UK 

Belgium  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Germany  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 
Greece  no  measures  notified,  Art.  169  letter  in  1995,  terminated  in 

1995 

Spain  no  measures  notified,  Art.  169  letter  in  1996 
reasoned  opinion  to  be  sent  in  1996 
France  no  measures  notified,  Art.  169  letter  in  1995 
reasoned  opinion  to  be  sent  in  1996 

Ireland no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Italy  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Portugal  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Netheriands  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 
United  Kingdom  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

92/0104 
Health and safety  of workers  in underground  and open cast mining  industries 
Member  States which have notified  implementing measures: DK, L, NL, UK 

Belgium  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Germany  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 
Greece  no  measures  notified,  Art.  169  letter  in  1995 
reasoned  opinion  to  be  sent  in  1996 
Spain  no  measures  notified,  Art.  169  letter  in  1995 
reasoned  opinion  to  be  sent  in  1996 
France  no  measures  notified,  Art.  169  letter  in  1995 
reasoned  opinion  to  be  sent  in  1996 

Ireland  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

Italy  no  measures  notified,  Art.  169  letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 

276 

Portugal  no measures  notified,  Art.  169 letter  in  1995 

reasoned  opinion  to  be  sent  in  1996 
United  Kingdom  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

93/0088 
Exposure  to  biological  agents 
Member  States which have notified  implementing  measures: DK, D, EL, F, 
IR, I, L, NL, FIN,  S, UK  (derogation  Portugal  31.12.95) 

Belgium 

-  94/0521, no measures notified,  Art.  169 letter in  1994 

reasoned  opinion  to  be  sent  in  1996 

Germany 

-  94/0538, no measures notified, Art.  169 letter in  1994, 

terminated  in  1995 

Greece 

-  94/0540, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Spain 

-  94/0554, no measures notified,  Art.  169 letter in 1994, 

reasoned  opinion  to  be  sent  in  1996 

Ireland 

-  94/0566, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Italy  -  94/0575, no measures  notified,  Art.  169 letter  in  1994, 

Luxembourg 

terminated  in  1995 
- 

94/0580,  no  measures  notified,  Art.  169 letter  in 
1994, 
terminated  in  1995 
94/0588, no  measures  notified,  Art.  169  letter  in 
1994, 
terminated  in  1995 
-  94/0604, no measures notified, Art. 169 letter in 

Netheriands 

- 

United Kingdom 

1994, 

terminated  in  1995 

277 

5.  AGRICULTURE 

64/0432 
Health  problems  - trade  in  animals 
Member  States which  have  notified  implementing  measures: all 

64/0433 
Health  problems  - trade  in meat 
Member  States which have notified  implementing measures: all except FIN 

Germany 

-  93/2097,  not  properly  applied,  reasoned  opinion  in 

1994 

66/0400 
Beet  seed 
Member  States which have notified  implementing  measures: all except FIN 

66/0401 
Fodder-plant  seed 
Member  States which have notified  implementing measures: all except FIN 

66/0402 
Cereal  seed 
Member  States which have notified  implementing  measures: all except FIN 

66/0403 
Seed potatoes 
Member  States which have notified  implementing  measures: all except FIN 

66/0404 
Forest  reproductive  material 
Member  States  which  have  notified  implementing  measures: all  except  A 

66/0600 
Health  problems  - trade  in  animals 
Member  States  which  have  notified  implementing  measures: all 

278 

68/0089 
Classification  of wood  in the  rough 
Member  States  which  have  notified  implementing  measures: all  except  A 

68/0193 
Material  for  the propagation  of vines 
Member  States  which  have  notified  implementing  measures: all  except  A 

69/0060 
Cereal  seed 
Member  States which have notified  implementing measures: all except FIN 

69/0061 
Beet  seed 
Member  States which have notified  implementing measures: all except FIN 

69/0062 
Seed  potatoes 
Member  States which have notified  implementing measures: all except FIN 
and A 

69/0063 
Fodder-plant  seed 
Member  States which have notified  implementing measures: all except FIN 
and A 

69/0064 
Reproductive  material 
Member  States  which  have  notified  implementing  measures: all  except  A 

69/0208 
Seed  of oil  and fibre plants 
Member  States which have notified  implementing measures: all except FIN 

279 

69/0464 
Control  of  potato  wart  disease 
Member  States  which  have  notified  implementing  measures: all  except  FIN 
and  A 

69/0465 
Control  of  potato  cyst  eelworm 
Member  States  which  have  notified  implementing  measures: all  except  FIN 
and  A 

69/0466 
Control  of  San  José  scale 
Member  States  which  have  notified  implementing  measures:  all  except  A 

70/0373 
Feedingstuffs  -  official  control 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

70/0457 
Common  catalogue  of  varieties  of  plant  species 
Member  States which have notified  implementing measures: all except A and 
FIN 

70/0458 
Vegetable  seed 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

70/0524 
Feedingstuffs  -  additives 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

71/0118 
Health  problems  -  trade  in  poultrymeat 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

280 

71/0140 
Material  for  the propagation  of vines  except A 
Member  States  which  have  notified  implementing  measures: all  except  A 

71/0161 
Forest  reproductive  material 
Member States which have notified implementing measures: all except A and 
S 

71/0162 
Seed 
Member  States which have notified  implementing measures: all except FIN 

71/0250 
Feedingstuffs  - official  control 
Member  States which have notified  implementing measures: all except FIN 

71/0285 
Health  problems  - trade  in  animals 
Member  States  which  have  notified  implementing  measures: all  except  S 

71/0393 
Feedingstuffs  - official  control 
Member  States which have notified  implementing measures: all except FIN 

72/0168 
Vegetable  varieties 
Member States which have notified implementing measures: all except A and 
FIN 

72/0169 
Vine  varieties 
Member  States  which  have  notified  implementing measures: all  except  A 

281 

72/0180 
Agricultural  varieties 
Member States which have notified implementing measures: all except A and 
FIN 

72/0199 
Feedingstuffs  - official  controls 
Member  States which have notified  implementing measures: all except FIN 

72/0274 
Seed 
Member  States which have notified  implementing measures: all except  FIN 

72/0275 
Feedingstuffs  - official  control 
Member States which have notified  implementing measures: all except S and 
FIN 

72/0418 
Seed 
Member States which have notified  implementing measures: all except FIN 

72/0445 
Health  problems  - trade  in  live  animals 
Member  States  which  have  notified  implementing  measures: all 

72/0461 
Health  problems  - trade  in  meat 
Member  States which have notified  implementing  measures: all except FIN 

72/0462 
Health  problems  - animals  and  meat from non-member  countries 
Member  States which  have  notified  implementing  measures: all 

282 

73/0046 
Feedingstuffs  - official  control 
Member  States which have notified  implementing  measures: all except FIN 

73/0047 
Feedingstuffs  - official  control 
Member  States which have notified  implementing  measures: all except FIN 
and  S 

73/0150 
Health  problems  - trade  in  live  animals 
Member  States  which  have  notified  implementing  measures: all 

73/0438 
Seed 
Member  States which have notified  implementing  measures: all except FIN 

74/0013 
Forest  reproductive  material 
Member States which have notified implementing measures: all except A and 
S 

74/0063 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing measures: all except FIN 

74/0203 
Feedingstuffs  - official  control 
Member  States which have notified  implementing  measures: all except FIN 

74/0268 
Fodder-plant  and cereal  seed 
Member  States which have notified  implementing  measures: all except FIN 

283 

74/0647 
Control  of  carnation  leaf-rollers 
Member  States which  have  notified  implementing  measures: all  except  A 

74/0648 
Material  for  the propagation  of  vines 
Member  States which  have  notified  implementing  measures: all  except  A 

74/0649 
Material  for  the propagation  of vines 
Member  States  which  have  notified  implementing  measures: all  except  A 

75/0084 
Feedingstuffs  - official  control 
Member  States which have notified  implementing  measures: all except FIN 

75/0444 
Seed 
Member  States which have notified  implementing measures: all except FIN 

75/0445 
Forest  reproductive  material 
Member  States  which have  notified  implementing  measures: all  except  A 

75/0502 
Meadowgrass  seed 
Member  States which have notified  implementing measures: all except FIN 

76/0014 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing measures: all except FIN 

76/0331 
Beet  seed 
Member  States which have notified  implementing measures: all except FIN 

284 

76/0371 
Feedingstuffs  - official  control 
Member  States which have notified  implementing measures: all except FIN 

76/0372 
Feedingstuffs  - official  control 
Member  States which have notified  implementing measures: all except  FIN 

76/0895 
Pesticide  residues  in fruit and  vegetables 
Member  States which have notified  implementing measures: all except FIN 

76/0934 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing measures: all except FIN 

77/0093 
Organisms  harmful  to  plants 
Member  States which have notified  implementing measures: all except FIN 

77/0096 
Health  problems  - import  of  meat 
Member  States  which  have  notified  implementing  measures: all  except  S 

77/0098 
Health  problems  - trade  in  animals 
Member  States which have notified  implementing measures: all except FIN 

77/0099 
Health  problems  - meat  products 
Member  States which have notified  implementing measures: all except FIN 

77/0101 
Straight  feedingstuffs 
Member  States which have notified  implementing measures: all except FIN 

285 

77/0391 
Eradication  of  brucellosis 
Member  States  which  have  notified  implementing  measures:  all 

77/0504 
Pure-bred  cattle  for  breeding 
Member  States  which  have  notified  implementing  measures:  all  except  A 

Ireland 

-  88/0449, not properly  applied,  referral  in  1991, judgment 

in  1992,  terminated  in  1995 

77/0629 
Material  for  the  propagation  of  vines 
Member  States  which  have  notified  implementing  measures:  all  except  A 

78/0052 
Eradication  of  brucellosis 
Member  States  which  have  notified  implementing  measures:  all 

78/0055 
Seed 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

78/0386 
Fodder-plant  seed 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

78/0387 
Cereal  seed 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

78/0388 
Seed  of  oil  and  fibre  plants 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

286 

78/0511 
Fodder-plant  and  cereal  seed 
Member  States which have notified  implementing measures: all except  FIN 

78/0633 
Feedingstuffs  - official  control 
Member  States which have notified  implementing  measures: all except FIN 

78/0692 
Seed 
Member  States which have notified  implementing measures: all except FIN 

78/0816 
Seed  potatoes 
Member States which have notified implementing measures: all except A and 
FIN 

78/1020 
Seed 
Member  States which have notified  implementing measures: all except  FIN 

79/0109 
Health  problems  - trade  in animals  - brucellosis 
Member  States  which  have notified  implementing  measures: all 

79/0111 
Health  problems  - trade  in  animals  -  brucellosis 
Member  States  which  have  notified  implementing  measures: all 

79/0117 
Plant  protection  products  containing  certain  active  substances 
Member  States which have notified  implementing measures: all except  FIN 

79/0372 
Straight  feedingstuffs 
Member  States which have notified  implementing  measures: all except  FIN 

287 

79/0373 
Compound  feedingstuffs 
Member  States which have notified  implementing measures: all except FIN 

79/0641 
Seed 
Member  States which have notified  implementing measures: all except FIN 

79/0692 
Seed 
Member  States which have notified  implementing measures: all except FIN 

79/0700 
Pesticides  in fruit and vegetables  - official  control 
Member States which have notified  implementing measures: all except FIN 

79/0797 
Feedingstuffs 
Member  States which have notified  implementing measures: all except FIN 

79/967 
Seed 
Member States which have notified implementing measures: all except A and 
FIN 

80/0213 
Health  problems  - trade  in meat 
Member  States which have notified  implementing measures: all except FIN 

80/0215 
Health  problems  - meat  products 
Member  States which have notified  implementing measures: all except FIN 

80/0217 
Control  of classical  swine  fever 
Member  States  which  have notified  implementing  measures: all 

288 

80/0219 
Health  problems  - trade  in  animals  -  tuberculosis 
Member  States  which  have notified  implementing  measures: all 

80/0304 
Seed  of oil  and fibre plants 
Member States which have notified  implementing  measures: all except FIN 

80/0392 
Organisms  harmful  to  plants 
Member  States which have notified  implementing  measures: all except  FIN 

80/0428 
Pesticide  residues  in  fruit  and  vegetables 
Member  States which have notified  implementing  measures: all except FIN 

80/0502 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing  measures: all except  FIN 

80/0510 
Straight  feedingstuffs 
Member  States which have notified  implementing  measures: all except FIN 

80/0511 
Compound  feedingstuffs  in  packages 
Member  States which have notified  implementing  measures: all except FIN 

80/0695 
Compound  feedingstuffs 
Member  States which have notified  implementing  measures: all except FIN 

80/0754 
Fodder-plant  seed 
Member  States which have notified  implementing  measures: all except FIN 

289 

80/1095 
Control  of  classical  swine  fever 
Member  States  which  have  notified  implementing  measures:  all 

80/1098 
Health  problems  -  trade  in  animals  -  classical  swine  fever 
Member  States  which  have  notified  implementing  measures:  all 

80/1099 
Health  problems  - trade  in  meat  -  classical  swine  fever 
Member  States  which  have  notified  implementing  measures: all except  FIN 

80/1100 
Health  problems  -  meat  products  -  classical  swine  fever 
Member  States  which  have  notified  implementing  measures: all except  FIN 
and  S 

80/1101 
Control  of  classical  swine  fever 
Member  States  which  have  notified  implementing  measures:  all 

80/1274 
Health  problems  -  trade  in  animals  -  classical  swine  fever 
Member  States  which  have  notified  implementing  measures:  all 

81/0006 
Eradication  of  brucellosis 
Member  States  which  have  notified  implementing  measures:  all 

81/0007 
Organisms  harmful  to  plants 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

81/0036 
Pesticide  residues  in  fruit  and  vegetables 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

290 

81/0126 
Seed 
Member  States which have notified  implementing  measures: all except FIN 

81/0602 
Ban  on  hormones 
Member  States  which  have  notified  implementing  measures: all 

81/0680 
Feedingstuffs  - official  control 
Member  States which have notified  implementing measures: all except  FIN 

81/0715 
Feedingstuffs  - official  control 
Member  States which have notified  implementing  measures: all except  FIN 

82/0287 
Seed 
Member  States which have notified  implementing measures: all except FIN 

82/0331 
Material  for  the propagation  of  vines 
Member  States  which  have  notified  implementing  measures: all  except  A 

82/0471 
Feedingstuffs 
Member  States which have notified  implementing measures: all except  FIN 

82/0475 
Labelling  of compound  feedingstuffs  for  pet  animals 
Member  States which have notified  implementing measures: all except FIN 

82/0528 
Pesticide  residues  in  fruit  and  vegetables 
Member  States which have notified  implementing measures: all except FIN 

291 

82/0859 
Seed  of  oil  and  fibre  plants 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

82/0894 
Notification  of  animal  diseases 
Member  States  which  have  notified  implementing  measures:  all 

82/0937 
Straight  feedingstuffs 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

83/0091 
Health  problems  -  trade  in  animals  and  meat 
Member  States  which  have  notified  implementing  measures: all  except  FIN 
and  S 

83/0116 
Fodder-plant  seed  and  seed  of  oil  and  fibre  plants 
Member  States which have notified  implementing measures: all except A and 
FIN 

83/0131 
Plant  protection  products  containing  certain  active  substances 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

83/0201 
Health  problems  -  products  containing  a  small  percentage  of  meat 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

83/0228 
Feedingstuffs 
Member  States  which  have  notified  implementing  measures:  all except  FIN 

292 

83/0381 
Feedingstuffs 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

84/0004 
Feedingstuffs  -  official  control 
Member  States which have notified  implementing measures: all except S and 
FIN 

84/0319 
Health  problems  -  import  of  meat  -  trichinae 
Member  States  which  have  notified  implementing  measures:  all  except  S 

84/0425 
Feedingstuffs  -  official  control 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

84/0443 
Products  used  in  feedingstuffs 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

84/0587 
Feedingstuffs  -  additives 
Member  States which  have notified  implementing  measures:  all except  FIN 

84/0643 
Health  problems  -  trade  in  animals  -  foot-and-mouth  disease 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

84/0644 
Health  problems  - trade  in  animals  -  brucellosis 
Member  States  which  have  notified  implementing  measures:  all 

84/0645 
Control  of  classical  swine  fever 
Member  States  which  have  notified  implementing  measures:  all 

293 

85/0038 
Fodder-plant  seed 
Member  States which have notified  implementing measures: all except FIN 

85/0073 
Financing  of health  inspections  of  fresh  meat 
Member States which have notified  implementing measures: all except A, S 
and  FIN 

85/0298 
Plant protection  products  containing  certain  active  substances 
Member  States which have notified  implementing  measures: all except FIN 

85/0320 
Health  problems  - trade  in animals  - classical  swine  fever 
Member  States which  have  notified  implementing  measures: all 

85/0321 
Health  problems  - meat products  - classical  swine  fever 
Member  States which have notified  implementing  measures: all except  FIN 

85/0322 
Health  problems  - trade  in meat  - classical  swine  fever 
Member  States which have notified  implementing measures: all except  FIN 
and S 

85/0358 
Ban  on  hormones 
Member  States which  have  notified  implementing  measures: all 

85/0509 
Feedingstuffs 
Member  States which have notified  implementing measures: all except FIN 

85/0511 
Control  of  foot-and-mouth  disease 
Member  States which have notified  implementing measures: all except FIN 

294 

85/0574 
Organisms  harmful  to  plants 
Member  States which have notified  implementing  measures: all except FIN 

85/0586 
Health  problems  - trade  in animals  and  meat 
Member  States which have notified  implementing  measures: all except FIN 

86/0109 
Certified  seed 
Member  States which have notified  implementing  measures: all except FIN 

86/0155 
Seed 
Member States which have notified implementing measures: all except A and 
FIN 

86/0174 
Compound  feedingstuffs  for  poultry 
Member  States which have notified  implementing  measures: all except FIN 

86/0214 
Plant protection  products  containing  certain  active  substances 
Member  States which have notified  implementing measures: all except FIN 

86/0267 
Vine  varieties 
Member  States  which  have notified  implementing  measures: all  except  A 

86/0299 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing  measures: all except FIN 

86/0320 
Cereal  seed 
Member  States which have notified  implementing measures: all except FIN 

295 

86/0354 
Compound  feedingstuffs 
Member  States which have notified  implementing  measures: all except FIN 

86/0355 
Plant  protection  products  containing  certain  active  substances 
Member  States which have notified  implementing  measures: all except FIN 

86/0362 
Pesticide  residues  in  cereals 
Member  States which have notified  implementing measures: all except FIN 

86/0363 
Pesticide  residues  in  foodstuffs  of  animal  origin 
Member States which have notified  implementing measures: all except FIN 

86/0469 
Examination  of meat  for  the presence  of  residues 
Member  States which have notified  implementing  measures: all except FIN 

86/0530 
Products  used  in  feedingstuffs 
Member  States which have notified  implementing  measures: all except FIN 

86/0651 
Organisms  harmful  to  plants 
Member  States which have notified  implementing  measures: all except FIN 

87/0120 
Seeds  and propagating  materials 
Member  States which have notified  implementing measures: all except FIN 

87/0153 
Feedingstuffs  -  additives 
Member States which have notified implementing measures: all except A and 
FIN 

296 

87/0181 
Plant  protection  products  containing  certain  active  substances 
Member States which have notified  implementing measures: all except FIN 

87/0234 
Straight  feedingstuffs 
Member  States which have notified  implementing  measures: all except FIN 

87/0238 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing measures: all except FIN 

87/0298 
Organisms  harmful  to  plants 
Member  States which have notified  implementing measures: all except FIN 

87/0328 
Cattle  for  breeding 
Member  States  which  have  notified  implementing  measures: all  except  A 

Netheriands 

- 

89/0500, no measures notified, judgment in  1993 -
in  1994, 
Case  C-92/303,  Art.  171 
terminated  in  1995 

letter 

87/0477 
Plant  protection  products  containing  certain  active  substances 
Member  States which have notified  implementing measures: all except FIN 

87/0480 
Seed 
Member  States which have notified  implementing  measures: all except FIN 

87/0481 
Vegetable  seed 
Member  States which have notified  implementing measures: all except FIN 
and A 

297 

87/0486 
Control  of  classical  swine  fever 
Member  States  which  have  notified  implementing  measures: all 

87/0487 
Classical  swine  fever 
Member  States  which  have  notified  implementing  measures: all 

87/0489 
Health  problems  - trade  in  animals  - classical  swine  fever 
Member  States which have notified  implementing measures: all except FIN 

87/0491 
Health  problems  - meat  products 
Member  States which have notified  implementing measures: all except FIN 
and S 

88/0095 
Beet  seed 
Member  States which have notified  implementing measures: all except FIN 

88/0146 
Ban on  hormones 
Member  States which have notified  implementing measures: all except FIN 

88/0166 
Protection  of  laying  hens  kept  in battery  cages 
Member  States which have notified  implementing  measures: all except FIN 
and  A 

88/0289 
Health  problems  - animals  and  meat  from  non-member  countries 
Member  States which have notified  implementing measures: all except FIN 
and S 

298 

88/0298 
Pesticides  in  fruit  and  vegetables  and  cereals 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

88/0299 
Meat  and  animals  from  non-member  countries 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

88/0380 
Seed 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

88/0406 
Health  problems  -  trade  in  animals  -  enzootic  bovine  leucosis 
Member  States  which  have  notified  implementing  measures:  all 

88/0407 
Bovine  semen 
Member  States  which  have  notified  implementing  measures:  all 

88/0409 
Fees  for  the  inspection  of  meat 
Member  States which have notified  implementing  measures: all except  A,  S 
and  FIN 

88/0485 
Products  used  in  feedingstuffs 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

88/0572 
Organisms  harmful  to  plants 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

88/0657 
Health  problems  -  trade  in  minced  meat 
Member States which have notified  implementing measures: all except A and 
FIN 

299 

88/0660 
Health  problems  -  meat  products 
Member  States which  have  notified  implementing  measures: all  except  FIN 

88/0661 
Pigs  for  breeding 
Member  States  which  have  notified  implementing  measures:  all  except  A 

89/0002 
Cereal  seed 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

89/0014 
Vegetable  seed 
Member  States  which  have  notified  implementing  measures: all  except  FIN 
and  A 

89/0100 
Fodder-plant  seed 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

89/0186 
Pesticide  residues  in  fruit  and  vegetables 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

89/0227 
Health  problems  -  meat  products  -  non-member  countries 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

89/0321 
Health  problems  -  import  of  meat 
Member  States  which  have  notified  implementing  measures:  all  except  S 

89/0360 
Health  problems  -  trade  in  animals  -  brucellosis 
Member  States  which  have  notified  implementing  measures:  all 

300 

89/0361 
Sheep  and  goats  for  breeding 
Member  States which  have  notified  implementing  measures: all  except  A 

Netheriands 

- 

91/0464, no measures notified, judgment  in 1993, 
Case C-92/303, 

Art.  171 letter  in  1994, terminated  in  1995 

89/0362 
Hygiene  in milk  production  holdings 
Member  States which have notified  implementing  measures: all except FIN 

89/0365 
Plant protection  products  containing  certain  active  substances 
Member  States which have notified  implementing  measures: all except FIN 

89/0384 
Health  problems  - trade  in milk 
Member  States which have notified  implementing  measures: all except FIN 

89/0424 
Seed 
Member  States which have notified  implementing  measures: all except FIN 

89/0437 
Health  problems  - eggs 
Member  States which have notified  implementing  measures: all except  FIN 
and A 

89/0439 
Organisms  harmful  to  plants 
Member  States which have notified  implementing  measures: all except FIN 

89/0520 
Products  used  in  feedingstuffs 
Member  States which have notified  implementing  measures: all except FIN 

301 

89/0556 
Embryos  of  bovine  animals 
Member  States  which  have  notified  implementing  measures:  all 

89/0608 
Mutual  assistance  -  veterinary  and  zootechnical  legislation 
Member  States  which  have  notified  implementing  measures:  all 

89/0662 
Veterinary  checks  in  intra-Community  trade 
Member  States  which  have  notified  implementing  measures: B, DK,  D,  EL, 
E,  F,  I,  L,  NL,  P,  UK,  A,  S. 

Ireland 

-  92/0794,  no  measures  notified,  referral  in  1994,  Case 

C-94/162, judgment  in  1995 

90/0044 
Compound  feedingstuffs 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

90/0118 
Pure-bred  breeding  pigs 
Member  States  which  have  notified  implementing  measures:  all  except  A 

90/0119 
Hybrid  breeding  pigs 
Member  States  which  have  notified  implementing  measures:  all  except  A 

90/0120 
Bovine  semen 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

90/0167 
Medicated  feedingstuffs 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

302 

Belgium  -  92/0041,  no  measures  notified,  referral  in  1994, Case  C-

94/065, 

judgment  in  1994, terminated  in  1995 

Germany 

-  92/0115,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Spain 

-  92/0161,  no  measures  notified,  referral  in  1994, Case  C-

94/094, 

judgment  in  1994 (to  be terminated  in  1996) 

90/0168 
Organisms  harmful  to  plants 
Member  States which have notified  implementing measures: all except  FIN 

90/0335 
Plant protection  products 
Member  States which have notified  implementing measures: all except FIN 

90/0422 
Health  problems  - trade  in  animals  - bovine  leucosis 
Member  States  which  have  notified  implementing  measures: all. 

90/0423 
Control  of  foot-and-mouth  disease 
Member  States  which  have  notified  implementing  measures: all 

90/0425 
Veterinary  checks  in  intra-Community  trade 
Member States which have notified  implementing measures: B, DK, D, EL, 
E, F, I, NL, L,  P, UK,  A,  S. 

Ireland 

-  92/0799, no measures notified,  reasoned opinion  in  1993, 

referral  in  1994, 

Netheriands 

Case  C-94/161, judgment  in  1995 
- 

92/0879, no measures notified, reasoned opinion in 
1993, terminated  in  1995 

303 

90/0426 
Animal  health  conditions  governing  the  movement  of  equidae 
Member  States  which  have  notified  implementing  measures:  all 

90/0427 
Zootechnical  conditions  governing  trade  in  equidae 
Member  States  which  have  notified  implementing  measures:  all  except  A 

Netheriands 

- 

92/0452, no measures notified, reasoned opinion in 
1993,  terminated  in  1995 

90/0428 
Trade  in  equidae  for  competitions 
Member  States  which  have  notified  implementing  measures:  B, DK,  EL,  E, 
F,  IRL,  I,  L,  NL,  P,  UK,  FIN. 

Germany 

-  92/0121,  no  measures  notified,  reasoned  opinion  in 

1993 

90/0429 
Health  problems  -  porcine  semen 
Member  States  which  have  notified  implementing  measures:  all 

90/0439 
Products  used  in  feedingstuffs 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

90/0533 
Plant  protection  products 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

90/0539 
Health  problems  -  poultry  and  hatching  eggs 
Member  States  which  have  notified  implementing  measures:  all 

304 

90/0642 
Pesticide  residues  in  products  of  plant  origin 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

Germany 

-  94/0066,  no  measures  notified,  reasoned  opinion  in 

1994,  terminated  in  1995 

Greece 

-  94/0129, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Ireland 

-  94/0198,  no  measures  notified,  Art.  169  letter  in  1994, 

Luxembourg 

1994, 

terminated  in  1995 
- 

94/0265,  no  measures  notified,  reasoned  opinion h 

terminated  in  1995 

United  Kingdom 

-  94/0363, no measures notified,  Art.  169 letter in 

1994,  terminated  in  1995 

90/0667 
Processing  of  animal  waste 
Member  States  which  have  notified  implementing  measures: B, DK,  D,  EL, 
E,  F,  I,  IRL,  L,  P,  UK,  S. 

Netheriands 

- 

92/0456,  no  measures  notified,  Case  C-94/093, 
judgment  in  1995, 
Art.  171  letter  in  1995 

90/0675 
Veterinary  checks  for  products  from  non-member  countries 
Member  States which  have  notified  implementing  measures: B, DK,  D,  EL, 
E,  F,  I,  L,  NL,  P,  UK,  S,  A. 

Ireland 

-  92/0801, no measures  notified,  reasoned  opinion  in  1993, 

referral  in  1994, 

Case  C-94/132, judgment  in  1995 

91/0067 
Aquaculture  products 
Member  States which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  F,  I,  L,  NL,  P,  UK,  A,  S,  FIN 

N 

Germany 

-  93/0105, no  measures  notified,  referral  in  1995,  Case 

C-95/086,  withdrawn  in  1995 

305 

Spain 

-  93/0192, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Greece 

-  93/0154, no measures notified,  reasoned opinion in  1994, 

France 

terminated  in  1995 
-  93/0238, no measures  notified,  referral  in  1995, Case 

C-95/017, 
withdrawn  in  1995 

Ireland 

-  93/0275, no measures  notified,  referral  in  1995, Case 

C-95/325 

Portugal  -  93/0437,  no  measures  notified,  referral  in  1995,  Case 

C-95/125, 

withdrawn  in  1995 

91/0068 
Health  problems  - trade  in  sheep 
Member  States which  have  notified  implementing  measures: all 

Denmark 

-  93/0065,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 

-  93/0153, no measures notified,  reasoned opinion in 1994, 

terminated  in  1995 

91/0069 
Health  problems  - trade  in  sheep 
Member  States which have notified  implementing measures: all except FIN 
and  S 

Denmark 

-  93/0064,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 

-  93/0152, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

France 

-  93/0236, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

91/0126 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing  measures: all except FIN 

306 

91/0132 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing  measures: all except FIN 

91/0174 
Marketing  of pure-bred  animals 
Member  States  which  have  notified  implementing  measures: all  except  A 

Ireland 

-  92/0313, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Netheriands 

- 

92/0458, no measures notified, reasoned opinion in 
1993, terminated  in  1995 

91/0188 
Plant protection  products  containing  certain  active  substances 
Member  States which have notified  implementing  measures: all except FIN 

91/0248 
Feedingstuffs  -  additives 
Member States which have notified implementing measures: all except A and 
FIN 

91/0249 
Feedingstuffs  -  additives 
Member States which have notified implementing measures: all except A and 
FIN 

91/0266 
Health  problems  - trade  in  animals  and  meat 
Member  States which have notified  implementing  measures: all except FIN 

91/0334 
Compound  feedingstuffs  for  pet  animals 
Member  States which have notified  implementing measures: all except FIN 

307 

91/0336 
Feedingstuffs  -  additives 
Member  States which have notified  implementing measures: all except FIN 

91/0357 
Compound  feedingstuffs 
Member  States which have notified  implementing  measures: all except FIN 

91/0414 
Placing  of plant  protection  products  on  the  market 
Member  States  which  have  notified  implementing  measures:  B,  DK,  E,F, 
IRL, I, L, NL,  P, UK,  S. 

Denmark 

- 

93/0902,  no  measures  notified,  Art.  169  letter  in 
1993, 

terminated  in  1995 

Germany 

-  93/0906,  no  measures  notified,  reasoned  opinion  in 

1994 

Greece 

-  93/0914, no measures  notified,  referral  in  1995, Case 

C-95/380 

Spain 

-  93/0919, no measures notified,  reasoned opinion in 1994, 

terminated  in  1995 

France 

-  93/0922, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Ireland 

-  93/0933, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Italy 

-  93/0928, no measures notified,  reasoned opinion in 1994, 

terminated  in  1995 

Luxembourg 

-  93/0941, no measures notified, reasoned opinion 

Netheriands 

in  1994, 
terminated  in  1995 
- 

93/0938, no measures notified, reasoned opinion in 
1994, terminated  in  1995 

Portugal  -  93/0945, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

United Kingdom 

-  93/0951, no measures notified, Art. 169 letter in 

1993, terminated  in  1995 

308 

91/0492 
Live  bivalve  molluscs 
Member  States  which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  F,  I,  L,  NL,  P,  UK,  S 

Greece 

-  93/0145, no  measures  notified,  reasoned  opinion  in  1994 

Ireland 

terminated  in  1995 
-  93/0266,  no  measures  notified,  referral  in  1995,  Case 

C-95/325 

Portugal  -  93/0429,  no  measures  notified,  referral  in  1995,  Case 

C-95/125, 
withdrawn  in  1995 

91/0493 
Fishery  products 
Member  States  which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  I,  F,  L,  NL,  P,  UK,  S 

Greece 

-  93/0144, no measures  notified,  reasoned  opinion  in  1994, 

Ireland 

terminated  in  1995 
-  93/0265, no  measures  notified,  referral  in  1995,  Case 

C-95/325 

Portugal  -  93/0428,  no  measures  notified,  referral  in  1995,  Case 

C-95/125, 

withdrawn  in  1995 

91/0494 
Health  problems  -  import  of  poultrymeat 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

91/0495 
Rabbit  meat  and  farmed  game  meat 
Member  States  which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  F,  IRL,  I,  L,  NL,  P,  S,  A. 

Germany 

-  93/0093, no  measures  notified,  referral  in  1995,  Case 

C-95/086, 
withdrawn  in  1995 

Greece 

-  93/0143,  no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  93/0230, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

309 

Ireland 

-  93/0264, no measures  notified,  referral  in  1995, Case 

C-95/324 

United Kingdom 

-  93/0473, no measures notified, referral  in 1995, 

Case  C-95/306 

91/0496 
Veterinary  checks  for  animals from non-member  countries 
Member States which have notified  implementing measures: B, DK, D, EL, 
E, F, I, L, P, NL, UK,  A,  S, FIN. 

Ireland 

-  92/0808,  no  measures  notified,  referral  in  1994,  Case 

C-94/138, 

judgment  in  1995 

91/0497 
Fresh  meat 
Member  States which have notified  implementing measures: all except FIN 
-  93/0092, no measures  notified,  referral  in  1995, Case 

Germany 

C-95/086, 
withdrawn  in  1995 

Greece 

-  93/0142, no measures notified,  reasoned  opinion  in  1994 

terminated  in  1995 

Portugal  -  93/0426, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

91/0499 
Health  problems  - trade  in animals  -  brucellosis 
Member  States  which  have  notified  implementing  measures: all 

91/0508 
Feedingstuffs  -  additives 
Member  States which have notified  implementing  measures: all except FIN 

91/0628 
Protection  of  animals  during  transport 
Member  States which have notified  implementing measures: B, D, DK, EL, 
E, IRL, I, L, NL, P, UK, A 

310 

Germany 

-  93/0091,  no measures  notified,  referral  in  1995, Case 

C-95/101, 
withdrawn  in  1995 

Greece 

-  93/0141, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

France 

-  93/0229,  no  measures  notified,  referral  in  1995,  Case 

C-95/017, 

judgment  in  1995 

Ireland 

-  93/0263, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Portugal  -  93/0425, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

91/0629 
Protection  of calves 
Member  States which have notified  implementing  measures: all except  FIN 
and A 

Belgium  -  94/0006, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Greece 

-  94/0127, no measures notified, reasoned opinion in  1994, 

terminated  in  1995 

Spain 

-  93/0134, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Ireland 

-  94/0200, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Netheriands 

- 

United Kingdom 

94/0301, no measures notified, reasoned opinion in 
1994, terminated  in  1995 
-  94/0365, no measures notified, Art. 169 letter in 

1994, terminated  in  1995 

91/0630 
Protection  of pigs 
Member  States which have notified  implementing  measures: all except  FIN 
and A 

Belgium  -  94/0007, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Greece 

-  94/0126, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Spain 

-  94/0135, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

311 

Ireland 

-  94/0201, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Netheriands 

- 

94/0302, no measures notified, reasoned opinion in 
1994,  terminated  in  1995 

Portugal  -  94/0333,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

United  Kingdom 

-  94/0366, no measures notified,  Art.  169 letter in 

1994,  terminated  in  1995 

91/0682 
Material  for  the  propagation  of  ornamental  plants 
Member  States which  have notified  implementing  measures: all except  FIN, 
A  and  S 

Greece 

-  93/0168, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  93/0226, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Ireland 

-  93/0261, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

United  Kingdom 

-  93/0468, no measures notified,  reasoned  opinion 

in  1995 

(to  be  terminated  in  1996) 

91/0683 
Organisms  harmful  to  plants 
Member  States which  have  notified  implementing  measures: all  except  FIN 

Belgium  -  93/0625, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Greece 

-  93/0715, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Portugal  -  93/0849, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

91/0684 
Health  problems  -  egg  products 
Member  States which  have  notified  implementing  measures:  all  except  FIN 
and  A 

312 

91/0685 
Control  of  classical  swine  fever 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  E, 
EL,  F,  IRL,  L,  NL,  P,  UK,  A,  S,  FIN. 

Greece 

-  92/0726, no measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

Italy  -  92/0834,  no  measures  notified,  referral 

in  1993,  Case 

C-94/257, 

judgment  in  1995 

91/0687 
Health  problems  -  trade  in  animals  -  classical  swine  fever 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

Belgium  -  no  measures  notified,  Case  C-94/066, judgment  in  1995, 
Art.  171  letter  in  1995, terminated  in  1995 

91/0688 
Health  problems  -  import  of  animals  and  meat 
Member  States which  have  notified  implementing  measures: DK,  D, EL,  E, 
F,  IRL,  I,  L,  NL,  P,  UK,  S,  A. 

Belgium  -  92/0671,  no  measures  notified,  Case  C-94/066,  judgment 

in  1995,  Art.  171  letter  in  1995 

92/0005 
Health  problems  -  meat  products 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  E, 
F,  IRL,  I,  L,  NL,  P,  UK,  A,  S. 

Germany 

-  93/0087,  no  measures  notified,  referral  in  1995,  Case 

C-95/086, 
withdrawn  in  1995 

Greece 

-  93/0137,  no  measures  notified,  referral  in  1995,  Case 

C-95/304 

Ireland 

-  93/0260, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

United  Kingdom 

-  93/0467, no measures  notified,  reasoned  opinion 

in  1994, 

terminated  in  1995 

313 

92/0009 
Seed  of  oil  and  fibre  plants 
Member  States which  have  notified  implementing  measures:  all  except  FIN 
and  A 

92/0019 
Fodder-plant  seed 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

92/0033 
Vegetable  propagating  material 
Member  States which  have  notified  implementing  measures: B, DK,  D,  EL, 
E,  F,  IRL,  L,  NL,  P,  UK,  S. 

Greece 

-  93/0129, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Italy 

-  93/0297,  no  measures  notified,  referral  in  1995,  Case 

C-95/118, 

judgment  in  1995 

United  Kingdom 

-  93/0460, no measures notified,  reasoned  opinion 

in  1995 

(to  be  terminated  in  1996) 

92/0034 
Fruit-plant  propagating  material 
Member  States which  have  notified  implementing  measures:  B, DK,  D, EL, 
E,  F,  IRL,  L,  NL,  P,  UK,  S. 

Greece 

-  93/0128, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  93/0214, no measures  notified,  reasoned  opinion  in  1993, 

terminated  in  1995 

Italy 

-  93/0296,  no  measures  notified,  referral  in  1995,  Case 

C-95/118, 

judgment  in  1995 

Ireland 

-  93/0253, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

United  Kingdom 

-  93/0459, no measures notified,  reasoned  opinion 

in  1995 

(to  be  terminated  in  1996) 

314 

92/0035 
Control  of  African  horse  sickness 
Member  States  which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  IRL,  L,  P,  NL,  UK,  A,  S. 

France 

-  93/0213,  no  measures  notified,  referral  in  1995,  Case 

C-95/017, 

judgment  in  1995 

Ireland 

-  93/0252, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Italy  -  93/0295,  no  measures  notified,  referral 

in  1995,  Case 

C-95/117 

92/0036 
African  horse  sickness 
Member  States  which  have  notified  implementing  measures:  all 

92/0040 
Avian  influenza 
Member  States  which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  F,  IRL,  L,  NL,  P,  A,  S. 

Belgium  -  93/0006,  no  measures  notified,  referral  in  1995,  Case 

C-95/014, 

withdrawn  in  1995 

Germany 

-  93/0074,  no  measures  notified,  referral  in  1995,  Case 

C-95/086, 
withdrawn  in  1995 

Greece 
Italy 

-  93/0124,  no  measures  notified,  terminated  in  1995 
-  93/0292,  no  measures  notified,  referral  in  1995,  Case 

C-95/117 

United  Kingdom 

-  93/0456, no measures  notified,  referral  in  1995, 

Case  C-95/306 

92/0045 
Wild-game  meat 
Member  States  which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  F,  IRL,  L,  NL,  A,  S. 

Belgium  -  94/0010, no  measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

315 

Denmark 

-  94/0040,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 

-  94/0122, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Spain 

-  94/0138, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  94/0171,  no  measures  notified,  referral  in  1995,  Case 

C-95/256, 

withdrawn  in  1995 

Ireland 

-  94/0203,  no  measures  notified,  referral  in  1995,  Case 

C-95/319 

Italy 

-  94/0236,  no  measures  notified,  referral  in  1995,  Case 

Netheriands 

C-95/314 
- 

94/0304, no measures notified, reasoned opinion in 
1994,  terminated  in  1995 

Portugal  -  94/0336,  no  measures  notified,  reasoned  opinion  in  1994 
-  94/0369, no measures notified,  reasoned  opinion 
United  Kingdom 

in  1994 

92/0046 
Milk  products 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D, 
EL,E,  F,  L,  NL,  P,  UK,  A,  S. 

Denmark 

-  94/0041,  no  measures  notified,  reasoned  opinion  in 

1994, 

terminated  in  1995 

Germany 

-  94/0072,  no  measures  notified,  reasoned  opinion  in 

1994, 

terminated  in  1995 

Greece 

-  94/0121, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  94/0172, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Ireland 

-  94/0204,  no  measures  notified,  referral  in  1995,  Case 

C-95/319 

Italy 

-  94/0237,  no  measures  notified,  referral  in  1995,  Case 

C-95/314 

United  Kingdom 

-  94/0370, no measures notified,  reasoned  opinion 

in  1994, 

terminated  in  1995 

316 

92/0048 
Hygiene  rules  applicable  to  fishery  products 
Member  States which have notified  implementing measures: B, D, DK, EL, 
E,  F, L, NL,  P, UK, A, S 

Belgium  -  93/0003,  no  measures  notified,  referral  in  1995,  Case 

C-95/014, 

withdrawn  in  1995 

Greece 

-  93/0121, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Ireland 

-  93/0247,  no  measures  notified,  referral  in  1995,  Case 

C-95/325 

Italy 

-  93/0290,  no  measures  notified,  referral  in  1995,  Case 

C-95/116 

Portugal  -  93/0406,  no  measures  notified,  referral  in  1995,  Case 

C-95/0125, 

withdrawn  in  1995 

92/0060 
Veterinary  and  zootechnical  checks  in  intra-Community  trade 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, I, L, NL, P, UK, FIN,  S, A. 

France 

-  94/0445, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Ireland 

-  94/0456, no  measures  notified,  Art.  169 letter  in  1994 

92/0063 
Undesirable  substances  and  products  in  animal  nutrition 
Member  States which have notified  implementing  measures: all except  FIN 

Greece 

-  93/0542, no measures notified,  reasoned opinion  in  1994, 

terminated  in  1995 

Italy  -  93/0572,  no  measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Portugal  -  93/0590, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

92/0064 
Feedingstuffs  - additives 
Member  States which have notified  implementing  measures: all except FIN 

317 

Luxembourg 

-  93/0579, no measures notified,  Art.  169 letter in 

1993,  terminated  in  1995 
Portugal  -  93/0591,  no  measures  notified,  reasoned  opinion  in  1994 

terminated  in  1995 

92/0065 
Semen,  ova  and  embryos  not  subject  to  Directive  90/425/EEC 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
F,  L,  NL,  P,  UK,  A,  S. 

Denmark 

-  94/0044,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 

-  94/0120,  no  measures  notified,  reasoned  opinion  in 

1994 

Ireland 

-  94/0207,  no  measures  notified,  referral  in  1995,  Case 

C-95/319 

Italy 

-  94/0240,  no  measures  notified,  referral  in  1995,  Case 

Netheriands 

C-95/314 
- 

94/0308, no measures notified,  reasoned opinion in 
1994  terminated  in  1995 

Portugal  -  94/0339, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

92/0066 
Control  of  Newcastle  disease 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
F,  IRL,  L,  NL,  P,  A,  S. 

Belgium  -  93/0972, no measures  notified,  reasoned  opinion  in  1994, 

Germany 

terminated  in  1995 
-  93/0990,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 

-  93/1026,  no  measures  notified,  reasoned  opinion  in 

1994  , 

France 

-  93/1013,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Ireland 

-  93/1033,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Italy 

-  93/1046,  no  measures  notified,  referral  in  1995,  Case 

C-95/313 

318 

United Kingdom 

-  93/1088, no measures notified, reasoned opinion 

in  1994 

92/0067 
Veterinary  checks  in  intra-Community  trade 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, I, L, NL, P, UK,  A,  S. 

France 

-  94/0447, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Ireland 

-  94/0457, no measures  notified,  Art.  169 letter  in  1994 

92/0070 
Recognition  of protected  zones 
Member States which have notified implementing measures: all except A and 
FIN 

Greece 

-  93/0911, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

France 

-  93/0925, no measures notified,  reasoned opinion  in  1994 

terminated  in  1995 

Luxembourg 

- 

93/0942, no  measures  notified,  Art.  169  letter  in 
1993, terminated  in  1995 

92/0076 
Protected  zones exposed  to  particular  plant  health  risks 
Member  States which have notified  implementing  measures: all except FIN 
and A 

Greece 

-  93/0707, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Portugal  -  93/0856, no measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

92/0087 
Preparation of compound  feedingstuffs  intended  for animals other than pets 
Member States which have notified  implementing  measures: all except FIN 
Belgium  -  93/0515, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Greece 

-  93/0534, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

319 

Italy 

-  93/0574,  no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Luxembourg 

- 

93/0580, no measures notified, reasoned opinion in 
1994, 

terminated  in  1995 

Portugal  -  93/0592, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

92/0088 
Undesirable  substances  and  products  in  animal  nutrition 
Member  States  which  have  notified  implementing  measures: B, DK,  D,  EL, 
E,  F,  IRL,  L,  NL,  P,  UK,  A,  S. 

Germany 

-  94/0078,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 

-  94/0117,  no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  94/0178, no  measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Italy 

-  94/0243,  no  measures  notified,  referral  in  1995,  Case 

C-95/314 

Portugal  -  94/0342,  no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

92/0089 
Community  methods  of  analysis  for  the  official  control  of  feedingstuffs 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

Denmark 

-  93/0984, no measures notified,  Art.  169 letter in  1993, 

terminated  in  1995 

Spain 

-  93/1001,  no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Ireland 

-  93/1035,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Italy  -  93/1048,  no.measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Portugal  -  93/1078,  no  measures  notified,  reasoned  opinion  in  1994 

(to  be  terminated  in  1996) 

United  Kingdom 

-  93/1090, no measures notified,  Art.  169 letter  in 

1993,  terminated  in  1995 

320 

92/0090 
Producers  and  importers  of  plants 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

Belgium  -  93/0631, no measures  notified,  reasoned  opinion  in  1994, 

Germany 

terminated  in  1995 
-  93/0680,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 

-  93/0705, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

92/0095 
Community  methods  of  analysis  for  the  official  control  of  feedingstuffs 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

Denmark 

-  93/0985, no measures  notified,  Art.  169 letter in  1993, 

terminated  in  1995 

Spain 

-  93/1002, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Portugal  -  93/1079,  no  measures  notified,  reasoned  opinion  in  1994 

(to  be  terminated  in  1996) 

United  Kingdom 

-  93/1091, no measures notified,  Art.  169 letter in 

1993,  terminated  in  1995 

92/0098 
Organisms  harmful  to  plants 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

Belgium  -  93/0633, no  measures  notified,  reasoned  opinion  in  1994, 

Germany 

terminated  in  1995 
-  93/0682,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 

-  93/0704, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Portugal  -  93/0860, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

321 

92/0102 
Identification  and  registration  of  animals 
Member  States which have notified  implementing  measures: DK, D, EL, F, 
L, P, NL, A,  S. 

Belgium  -  95/0015, no measures notified, Art. 169 letter in 1995 (**) 
-  95/0043, no measures notified, Art. 169 letter in  1995, 
Germany 

terminated  in  1995 

Greece 

-  94/0115, no measures notified,  reasoned  opinion  in  1994 

(*)  terminated  in  1995 
95/0057,  no  measures  notified,  Art.  169  letter  in  1995, 
terminated  in  1995  (**) 
-  95/0077, no measures notified,  Art.  169 letter in  1995 

Spain 

France 

-  95/0093,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995  (**) 

Ireland 

-  94/0212,  no  measures  notified,  reasoned  opinion  in 

1994  (*) 
95/0111,  no  measures  notified,  Art.  169  letter 
1995  (**) 

in 

(*)  Cattle  and  pigs 
(**)  Sheep  and  goats 

Luxembourg 

Italy  -  94/0245, no measures notified, reasoned opinion in  1994 (*) 
95/0128,  no measures notified,  Art.  169 letter  in  1995  (**) 
95/0144,  no  measures  notified,  Art.  169  letter  in 
1995, terminated  in  1995  (**) 
-  94/0377, no measures notified, reasoned opinion 

United Kingdom 

- 

in  1994, terminated  in  1995  (**) 

95/0191,  no measures  notified,  Art.  169 letter  in 

1995 

(*)  Cattle  and  pigs 
(**)  Sheep  and  goats 

92/0103 
Organisms  harmful  to  plants 
Member  States which have notified  implementing  measures: all except  FIN 

Greece 

-  93/0702, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

322 

Portugal  -  93/0861, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

92/0105 
Plant  passports 
Member States which have notified implementing measures: all except A and 
FIN 

Greece 

-  93/0699, no measures notified,  reasoned opinion  in  1994, 

terminated  in  1995 

92/0107 
Oil  and  fibre  plants 
Member  States which have notified  implementing measures: B, DK, D, EL, 
E, F, IRL, L, NL, UK,  S. 

Greece 

-  94/0994, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Ireland 

-  94/0864, no measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Italy 
-  94/0872, no  measures  notified,  Art.  169 letter  in  1995 
Portugal  -  94/0928, no  measures  notified,  Art.  169 letter  in  1995 

92/0110 
Minced  meat 
Member  States  which  have notified  implementing  measures: B, DK,  D, E, 
F,  IRL, NL,  P, S. 

Germany 

-  94/0080,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 
Italy 
Luxembourg 

-  94/0114, no measures notified,  reasoned  opinion  in  1994 
-  94/0246, no measures notified,  reasoned  opinion  in  1994 
94/0280, no measures notified, reasoned opinion in 
1994 

- 

Portugal  -  94/0345, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

United Kingdom 

-  94/0378, no measures notified, reasoned opinion 

in  1994 

323 

92/0113 
Additives  in  feedingstuffs 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

Portugal  -  93/0866, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

92/0116 
Health  problems  affecting  trade  in  fresh  poultrymeat 
Member  States which have notified  implementing  measures: B, DK, E, F, L, 
NL,  P,  UK,  A,  S. 

Germany 

-  94/0081,  no  measures  notified,  reasoned  opinion  in 

1994 

Greece 
Spain 

-  94/0113,  no  measures  notified,  reasoned  opinion  in  1994 
-  94/0148,  no  measures  notified,  reasoned  opinion  in 

1994,  terminated  in  1995 

France 

-  94/0181,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Ireland 

-  94/0214,  no  measures  notified,  referral  in  1995,  Case 

C-95/319 

Italy 

-  94/0247,  no  measures  notified,  referral  in  1995,  Case 

Netheriands 

C-95/314 
- 

94/0315,  no  measures  notified,  Art.  169  letter  in 
1994, 

terminated  in  1995 

Portugal  -  94/0346, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

United  Kingdom 

-  94/037, no  measures  notified,  reasoned  opinion 

in  1994, 

terminated  in  1995 

92/0117 
Zoonoses  and  zoonotic  agents 
Member  States  which  have  notified  implementing  measures: DK,  D, EL,  E, 
F,  L,  P,  UK,  S,  A. 

Belgium  -  94/0019, no  measures  notified,  reasoned  opinion  in  1994 
-  94/0050,  no  measures  notified,  reasoned  opinion  in 
Denmark 

1994, 
terminated  in  1995 

Germany 

-  94/0082, no measures notified,  Art.  169 letter in  1994, 

terminated  in  1995 

324 

Greece 

-  94/0112, no  measures  notified,  reasoned  opinion  in  1994, 

Spain 

terminated  in  1995 
-  94/0149,  no  measures  notified,  reasoned  opinion  in 

1994,  terminated  in  1995 

France 

-  94/0182,  no  measures  notified,  referral  in  1995,  Case 

C-95/256 

Ireland 

-  94/0215,  no  measures  notified,  referral  in  1995,  Case 

C-95/319 

Italy 

-  94/0248,  no  measures  notified,  referral  in  1995,  Case 

Netheriands 

C-95/314 
- 

94/0316,  no  measures  notified,  Art.  169  letter  in 
1994 

92/0118 
Products  not  subject  to  specific  health  requirements 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
F,  L,  NL,  P,  UK,  A,  S. 

Belgium  -  94/0020, no measures  notified,  reasoned  opinion  in  1994, 

Denmark 

terminated  in  1995 
-  94/0051,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

Greece 
Spain 

-  94/0111,  no  measures  notified,  reasoned  opinion  in  1994 
-  94/0150,  no  measures  notified,  reasoned  opinion  in 

1994,  terminated  in  1995 

France 

-  94/0183,  no  measures  notified,  referral  in  1995,  Case 

C-95/256 

Ireland 

-  94/0216,  no  measures  notified,  referral  in  1995,  Case 

C-95/319 

Italy 

-  94/0249,  no  measures  notified,  referral  in  1995,  Case 

Luxembourg 

C-95/314 
- 

94/0249, no measures notified, reasoned opinion in 
1994, 

Netheriands 

terminated  in  1995 
- 

94/0317, no measures notified, reasoned opinion in 
19.94, terminated  in  1995 

Portugal  -  94/0348,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

325 

92/0119 
Specific  measures  relating to  swine  vesicular  disease 
Member  States which have notified  implementing measures: D, DK, EL, E, 
F,  L,  P, UK, A,  S, FIN 

Belgium  -  93/0974, no measures notified,  reasoned  opinion  in  1994 
-  93/1024, no measures notified,  reasoned opinion in 1994, 
Greece 

terminated  in  1995 

France 

-  93/1015,  no  measures  notified,  referral  in  1995,  Case 

C-95/252,  withdrawn  in  1995 

Ireland 

-  93/1037,  no  measures  notified,  referral  in  1995,  Case 

C-95/318 

Italy 

-  93/1050,  no  measures  notified,  referral  in  1995,  Case 

Netheriands 

C-95/313 
- 

93/1058, no measures notified, reasoned opinion in 
1994 

Portugal-  93/1080, no measures notified,  reasoned opinion in 1994, 

terminated  in  1995 

93/0017 
Community  grades  of  seed  potatoes 
Member States which have notified  implementing  measures: all except FIN 

Belgium  -  93/0644, no measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Germany 

-  93/0691, no measures  notified,  referral  in  1995, Case 

C-95/108, withdrawn  in  1995 

Spain 

-  93/0736,  no  measures  notified,  reasoned  opinion  in 

1994, terminated  in  1995 

France 

-  93/0761, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Italy 

-  93/0807, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Ireland 

-  93/0784, no measures notified,  reasoned opinion in 1994, 

terminated  in  1995 

Portugal  -  93/0871, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

United Kingdom 

-  93/0893, no measures notified, reasoned opinion 

in  1994, 
terminated  in  1995 

326 

93/0026 
Feedingstuffs 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

Denmark 

-  94/0256, no measures notified,  Art.  169 letter in  1994, 

terminated  in  1995 

Germany 

-  94/0536, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

Greece 

-  94/0543,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Italy 

-  94/0572,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Portugal  -  94/0594,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

93/0027 
Feedingstuffs  -  additives 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
F,  IRL,  I,  L,  NL,  P,  UK,  S,  A. 

-  94/0527,  Art.  169  letter  in  1994, terminated  in  1995 
-  94/0536,  Art.  169  letter  in  1994, terminated  in  1995 

Denmark 
Germany 
-  94/0542,  Art.  169  letter  in  1994 
Greece 
Italy 
-  94/0573,  Art.  169  letter  in  1994,  terminated  in  1995 
Portugal  -  94/0595,  Art.  169  letter  in  1994,  terminated  in  1995 

93/0028 
Official  control  of  feedingstuffs 
Member  States  which  have  notified  implementing  measures: B, D, DK,  EL, 
E,  F,  IRL,  I,  L,  NL,  UK,  A,  S. 

Greece 

-  94/0987,  no  measures  notified,  Art.  169  letter  in  1995, 

Spain 

terminated  in  1995 
-  94/0827, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

Portugal  -  94/0934,  no  measures  notified,  Art.  169  letter  in  1995 

93/0048 
Fruit-plant  propagating  material 
Member  States  which  have  notified  implementing  measures:  B, DK,  EL,  E, 
F,  IRL,  L,  NL,  UK,  S. 

327 

Belgium  -  94/0024, no measures  notified,  reasoned  opinion  in  1994, 

Germany 

terminated  in  1995 
-  94/0086,  no  measures  notified,  reasoned  opinion  in 

1994 

Greece 

-  94/0105, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Spain 

-  94/0154, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  94/0185,  no  measures  notified,  referral  in  1995,  Case 

C-95/256, 

withdrawn  in  1996 

Ireland 

-  94/0220,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Italy 

-  94/0253,  no  measures  notified,  referral  in  1995,  Case 

Luxembourg 

C-95/315 
- 

94/0287, no measures notified, reasoned opinion in 
1994, 
terminated  in  1995 

Portugal  -  94/0352,  no  measures  notified,  reasoned  opinion  in  1994 
-  94/0384, no measures notified,  reasoned  opinion 
United  Kingdom 

in  1995  (to  be  terminated  in  1996) 

93/0049 
Material  for  the  propagation  of  ornamental  plants 
Member  States  which  have  notified  implementing  measures: B, DK,  EL,  E, 
F,  IRL,  L,  NL,  UK. 

Belgium  -  94/0025, no measures  notified,  reasoned  opinion  in  1994, 

Germany 

terminated  in  1995 
-  94/0087,  no  measures  notified,  reasoned  opinion  in 

1994, 

Greece 

-  94/0104, no measures  notified,  reasoned  opinion  in  1994, 

Spain 

terminated  in  1995 
-  94/0155,  no  measures  notified,  reasoned  opinion  in 

1994,  terminated  in  1995 

France 

-  94/0186,  no  measures  notified,  referral  in  1995,  Case 

C-95/256, 

withdrawn  in  1996 

Ireland 

-  94/0221,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Italy 

-  94/0254,  no  measures  notified,  referral  in  1995,  Case 

Luxembourg 

C-95/315 
- 

94/0288, no measures notified, reasoned opinion in 
1994, 

328 

terminated  in  1995 

Portugal  -  94/0353, no  measures  notified,  reasoned  opinion  in  1994 
-  94/0385, no measures notified,  reasoned  opinion 
United  Kingdom 

in  1995  (to  be  terminated  in  1996) 

93/0050 
Organisms  harmful  to  plants 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 
and  A 

Belgium  -  93/0975,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Germany 

-  93/0993, no measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Greece 

-  93/1022, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Luxembourg 

- 

93/1069,  no  measures  notified,  Art.  169  letter  in 
1993,  terminated  in  1995 

Portugal  -  93/1081,  no  measures  notified,  Art.  169  letter  in  1993, 

Netheriands 

terminated  in  1995 
- 

93/1059, no measures notified, reasoned opinion in 
1994, 
terminated  in  1995 

93/0051 
Movement  of  plants  in  protected  zones 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

Belgium  -  93/0976,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

Germany 

-  93/0994, no measures notified,  Art.  169 letter in  1993, 

terminated  in  1995 

Greece 

-  93/1021,  no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  93/1017, no  measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Luxembourg 

Netheriands 

- 

- 

93/1070,  no  measures  notified,  Art.  169  letter  in 
1993,  terminated  in  1995 
93/1060, no measures notified, reasoned opinion in 
1994,  terminated  in  1995 

Portugal  -  93/1082,  no  measures  notified,  Art.  169  letter  in  1993, 

terminated  in  1995 

329 

United  Kingdom 

-  93/1093, no measures notified,  reasoned  opinion 

in  1994, 

terminated  in  1995 

93/0052 
Embryos  of  domestic  bovine  animals 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  E, 
F,  IRL,  L,  NL,  P,  S,  A,  FIN. 

Belgium  -  94/0026,  no  measures  notified,  reasoned  opinion  in  1994 

Germany 

(to  be  terminated  in  1996) 
-  94/0088, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

Greece 
France 

-  94/0108, no  measures  notified,  reasoned  opinion  in  1994 
-  94/0187, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Ireland 

-  94/0222, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Italy 

-  94/0255,  no  measures  notified,  referral  in  1995,  Case 

Luxembourg 

C-95/315 
- 

94/0289, no measures notified, reasoned opinion in 
1994, 

Netheriands 

terminated  in  1995 
- 

94/0322,  no  measures  notified,  Art.  169  letter  in 
1994, 

terminated  in  1995 

Portugal  -  94/0354,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

United  Kingdom 

-  94/0386, no measures notified,  reasoned  opinion 

in  1994 

93/0053 
Control  of  certain  fish  diseases 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  E, 
L,  UK,  A,  S. 

Belgium  -  94/0786, no  measures  notified,  Art.  169 letter  in  1995  (to 

Germany 

be  terminated  in  1996) 
-  94/0813, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

Greece 
France 

-  94/0985,  no  measures  notified,  Art.  169  letter  in  1995 
-  94/0840,  no  measures  notified,  Art.  169  letter  in  1995 

330 

Ireland 
Italy 
Netheriands 

-  94/0859, no  measures  notified,  Art.  169 letter  in  1995 
-  94/0880, no  measures  notified,  Art.  169 letter  in  1995 

- 

94/0915,  no  measures  notified,  Art.  169  letter  in 
1995 

Portugal  -  94/0937, no measures  notified,  Art.  169 letter  in  1995 
Luxembourg 

94/0903, no  measures  notified,  Art.  169  letter  in 
1995, terminated  in  1995 

- 

93/0054 
Animals  and  products  of  fish  farming 
Member States which have notified  implementing  measures: B, DK, D, EL, 
E, F, L, NL, UK, A,  S, FIN 

Belgium  -  94/0787, no measures notified,  Art.  169 letter in  1995 (to 

Denmark 

be terminated  in  1996) 
-  94/0800, no measures notified,  Art.  169 letter in 1995, 

terminated  in  1995 

Germany 

-  94/0814, no measures notified, Art.  169 letter in 1995, 

terminated  in  1995 

Greece 

-  94/0984, no measures notified, Art.  169 letter in 1995, 

terminated  in  1995 

France 

-  94/0841,  no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Ireland 

-  94/0860, no  measures  notified,  Art.  169 letter  to  be  sent 

in  1995 

Italy 

-  94/0881,  no  measures  notified,  Art.  169 letter to  be  sent 

Netheriands 

in  1995 
- 

94/0916,  no  measures  notified,  Art.  169  letter  to 
be  sent  in  1995, terminated  in  1995 

Portugal  -  94/0938, no  measures  notified,  Art.  169 letter to  be  sent 

in  1995 

93/0055 
Feedingstuffs  -  additives 
Member  States  which  have  notified  implementing  measures: B, D, DK,  E, 
F,  IRL, I, L, NL, P, UK,  S,.A 

-  94/0640, Art.  169  letter  in  1994, terminated  in  1995 

Denmark 
Greece 
Portugal  -  94/0594, Art.  169 letter  in  1994, terminated  in  1995 

-  94/0696, Art.  169 letter  in  1994 

331 

93/0056 
Feedingstuffs 
Member  States  which  have  notified  implementing  measures:  all  except  FIN 

;; 

-  94/0641,  Art.  169  letter  in  1994,  terminated  in  1995 

Denmark 
-  94/0695,  Art.  169  letter  in  1994, terminated  in  1995 
Greece 
Italy 
-  94/0723,  Art.  169  letter  in  1994,  terminated  in  1995 
Portugal  -  94/0756,  Art.  169  letter  in  1994,  terminated  in  1995 

93/0057 
Pesticide  residues  -  cereals  and  foodstuffs  of  animal  origin 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

Belgium  -  94/0027,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Germany 

-  94/0089,  no  measures  notified,  reasoned  opinion  in 
i 

1994, 
terminated  in  1995 

Greece 

-  94/0107, no measures  notified,  reasoned  opinion  in  1994, 

Spain 

terminated  in  1995 
-  94/0158,  no  measures  notified,  reasoned  opinion  in 

1994,  terminated  in  1995 

France 

-  94/0188, no  measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Ireland 

-  94/0223, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

Italy 

-  94/0256,  no  measures  notified,  Art.  169  letter  in  1994, 

Luxembourg 

terminated  in  1995 
- 

94/0290, no measures notified, reasoned opinion in 
1994, 

terminated  in  1995 

Portugal  -  94/0355,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

United  Kingdom 

-  94/0387, no measures notified,  Art.  169 letter in 

1994,  terminated  in  1995 

332 

93/0058 
Pesticide  residues  -  products  of  plant  origin 
Member  States  which  have  notified  implementing  measures: all  except  FIN 

Belgium  -  94/0028,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Germany 

-  94/0090,  no  measures  notified,  reasoned  opinion  in 

1994, 
terminated  in  1995 

* 

Greece 

-  94/0106, no measures  notified,  reasoned  opinion  in  1994, 

terminated  in  1995 

France 

-  94/0189,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Ireland 

-  94/0224,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Luxembourg 

-  94/0291, no measures notified,  reasoned  opinion 

in  1994, 
terminated  in  1995 

United  Kingdom 

-  94/0388, no measures notified,  Art.  169 letter in 

1994,  terminated  in  1995 

93/0060 
Fresh  semen 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
F,  IRL,  L,  NL,  S,  A,  FIN 

Belgium  -  94/0788,  no  measures  notified,  Art. n69  letter  in  1995, 

Denmark 

terminated  in  1995 
-  94/0801, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

Greece 
France 

-  94/0983,  no  measures  notified,  Art.  169  letter  in  1995 

-  94/0842, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

Italy 
Luxembourg 

-  94/0882,  no  measures  notified,  Art.  169  letter  in  1995 

- 

Netheriands 

94/0904,  no  measures  notified,  Art.  169  letter  in 
1995,  terminated  in  1995 
94/0917,  no  measures  notified,  Art.  169  letter  in 
1995,  terminated  in  1995 
Portugal  -  94/0939,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  94/0959, no measures notified,  Art.  169 letter in 

- 

1995 

333 

93/0061 
Vegetable  propagating  and  planting  material 
Member  States  which  have  notified  implementing  measures: DK,  EL,  E,  F, 
IRL,  L,  NL,  UK,  S. 

Belgium  -  94/0029,  no  measures  notified,  reasoned  opinion  in  1994 
-  94/0091,  no  measures  notified,  reasoned  opinion  in 
Germany 

1994 

Greece 

-  94/0103,  no measures  notified,  reasoned  opinion  in  1994, 

Spain 

terminated  in  1995 
-  94/0160,  no  measures  notified,  reasoned  opinion  in 

1994,  terminated  in  1995 

France 

-  94/0190,  no  measures  notified,  referral  in  1995,  Case 

C-95/256, 

withdrawn  in  1996 

Ireland 

-  94/0225,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Italy 

-  94/0258,  no  measures  notified,  referral  in  1995,  Case 

•C-95/315 

Luxembourg 

-  94/0292, no measures notified,  reasoned  opinion 

in  1994, 
terminated  in  1995 

Portugal  -  94/0357,  no  measures  notified,  reasoned  opinion  in  1994 
-  94/0389, no measures notified,  reasoned  opinion 
United  Kingdom 

in  1995  (to  be  terminated  in  1996) 

93/0062 
Vegetable  propagating  material 
Member  States  which  have  notified  implementing  measures:  DK,  EL,  E, 
IRL,  L,  NL,  UK,  S. 

Belgium  -  94/0628,  no  measures  notified,  reasoned  opinion  in  1995 
-  94/0652,  no  measures  notified,  reasoned  opinion  in 
Germany 

1995 

Spain 

-  94/0665, no measures notified,  Art.  169 letter in  1994, 

terminated  in  1995 

France 
Greece 

-  94/0679,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0693,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

-  94/0724,  no  measures  notified,  Art.  169  letter  in  1994 

Italy 
Luxembourg 

-  94/0736, no measures notified,  Art.  169 letter  in 

1994,  terminated  in  1995 

Portugal  -  94/0757,  no  measures  notified,  Art.  169  letter  in  1994 

334 

United  Kingdom 

-  94/0960, no measures notified,  Art.  169 letter  in 

1995  (to  be  terminated  in  1996) 

93/0063 
Ornamental  plants 
Member  States  which  have  notified  implementing  measures:  DK,  EL,  E, 
IRL,  L,  NL,  UK 

Belgium  -  94/0629,  no  measures  notified,  reasoned  opinion  in  1995 
-  94/0653,  no  measures  notified,  reasoned  opinion  in 
Germany 

1995 

Spain 

-  94/0666, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

France 
Greece 

-  94/0680,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0692,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

-  94/0725,  no  measures  notified,  Art.  169  letter  in  1994 

Italy 
Luxembourg 

-  94/0737, no measures notified,  Art.  169 letter in 

1994,  terminated  in  1995 

Portugal  -  94/0758,  no  measures  notified,  Art.  169  letter  in  1994 
United  Kingdom 

-  94/0961, no measures notified,  Art.  169 letter in 

1995  (to  be  terminated  in  1996) 

93/0064 
Fruit  plant  propagating  material 
Member  States  which  have  notified  implementing  measures:  DK,  EL,  E, 
IRL,  L,  NL,  UK,  S. 

Belgium  -  94/0630,  no  measures  notified,  reasoned  opinion  in  1995 
-  94/0654,  no  measures  notified,  reasoned  opinion  in 
Germany 

1995 

Spain 

-  94/0667, no measures notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

France 
Greece 

-  94/0681,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0691,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Ireland 

-  94/0714,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Italy  -  94/0726,  no  measures  notified,  Art.  169  letter  in  1994 
Luxembourg 

-  94/0738, no measures notified,  Art.  169 letter in 

Portugal  -  94/0759,  no  measures  notified,  Art.  169  letter  in  1994 

1994,  terminated  in  1995 

335 

United  Kingdom 

-  94/0962, no measures notified,  Art.  169 letter in 

1995  (to  be  terminated  in  1996) 

93/0070 
Official  control  of  feedingstuffs 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
F,  IRL,  I,  L,  NL,  P,  A,  S. 

Denmark 

-  94/0642, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

Spain 

-  94/0668, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

France 

-  94/0682,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Greece 
Ireland 

-  94/0694,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0715,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Italy 

-  94/0727,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Portugal  -  94/0760,  no  measures  notified,  Art.  169  letter  in  1994 

(to  be  terminated  in  1996) 

United  Kingdom 

-  94/0773, no measures notified,  reasoned  opinion 

in  1995 

93/0071 
Plant  protection  products 
Member  States  which  have  notified  implementing  measures:  B,  DK,  E,  F, 
IRL,  I,  L,  NL,  P,  UK,  S. 

Belgium  -  94/0790,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Germany 
Denmark 

-  94/0816, no measures  notified,  Art.  169 letter  in  1995 
-  94/0803, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

France 

-  94/0816, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

Greece 
Italy 

-  94/0980,  no  measures  notified,  Art.  169  letter  in  1995 
-  94/0884,  no  measures  notified,  Art.  169  letter  in  1995, 

Luxembourg 

terminated  in  1995 
- 

Netheriands 

- 

94/0906,  no  measures  notified,  Art.  169  letter  in 
1995,  terminated  in  1995 
94/0919,  no  measures  notified,  Art.  169  letter  in 
1995, 

336 

terminated  in  1995 

Portugal  -  94/0942,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

United  Kingdom 

-  94/0964, no measures notified,  Art.  169 letter in 

1995,  terminated  in  1995 

93/0074 
Feedingstuffs  intended  for  special  nutritional  purposes 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  L, 
NL,  UK 

Belgium  -  95/0395, no  measures  notified,  Art.  169 letter  in  1995  (to 

Germany 

be  terminated  in  1996) 
-  95/0433, no  measures  notified,  Art.  169 letter  in  1995 

(to  be  terminated  in  1996) 

-  95/0478, no measures  notified,  Art.  169 letter  in  1995 

Spain 
-  95/0501,  no  measures  notified,  Art.  169  letter  in  1995 
France 
-  95/0451,  no  measures  notified,  Art.  169  letter  in  1995 
Greece 
-  95/0523,  no  measures  notified,  Art.  169  letter  in  1995 
Ireland 
-  95/0543,  no  measures  notified,  Art.  169  letter  in  1995 
Italy 
Portugal  -  95/0604,  no  measures  notified,  Art.  169  letter  in  1995 

93/0078 
Ornamental  plants 
Member  States  which  have  notified  implementing  measures:  DK,  EL,  E, 
IRL,  L,  NL,  UK 

Belgium  -  94/0631,  no  measures  notified,  reasoned  opinion  in  1995 
-  94/0655,  no  measures  notified,  reasoned  opinion  in 
Germany 

1995 

Spain 

-  94/0669, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

France 
Greece 

-  94/0683,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0690,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Ireland 

-  94/0716,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

-  94/0728,  no  measures  notified,  Art.  169  letter  in  1994 

Italy 
Luxembourg 

-  94/0739, no measures notified,  Art.  169 letter in 

1994,  terminated  in  1995 

Portugal 

94/0761,  no  measures  notified,  Art.  169  letter  in  1994 

337 

United Kingdom 

-  94/0967, no measures notified, Art. 169 letter in 

1995 (to  be terminated  in  1996) 

93/0079 
Fruit  plant  propagating  material 
Member  States  which  have  notified  implementing  measures:  DK,  EL,  E, 
IRL, L, NL, UK 

Belgium  -  94/0632, no measures notified,  reasoned  opinion in  1995 
-  94/0656,  no  measures  notified,  reasoned  opinion  in 
Germany 

1995 

Spain 

-  94/0670, no measures notified, Art. 169 letter in 1994, 

terminated  in  1995 

France 
Greece 

-  94/0684, no  measures  notified,  Art.  169 letter  in  1994 
-  94/0689,  no  measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

-  94/0729, no  measures  notified,  Art.  169 letter  in  1994 

Italy 
Luxembourg 

-  94/0740, no measures notified, Art. 169 letter in 

1994, terminated  in  1995 

Portugal  -'  94/0762, no  measures  notified,  Art.  169 letter  in  1994 
United Kingdom 

-  94/0968, no measures notified, Art. 169 letter in 

1995  (to  be terminated  in  1996) 

93/0085 
Potato  ring rot 
Member  States which have notified  implementing measures: B, DK, E, EL, 
F,  IRL, L, NL, P, UK,  S. 

Belgium  -  94/0031, no measures notified,  reasoned  opinion  in  1994 

Germany 

terminated  in  1995 
-  94/0093,  no  measures  notified,  reasoned  opinion  in 

1994 

Greece 

-  94/0101, no measures notified,  reasoned  opinion  in  1994 

terminated  in  1995 

France 

-  94/0192, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

Italy 

-  94/0260,  no  measures  notified,  referral  in  1995,  Case 

C-95/315 

Luxembourg 

-  94/0294, no measures notified, reasoned opinion 

in  1994, terminated  in  1995 

Portugal  -  94/0359, no measures notified,  reasoned opinion in  1994, 

terminated  in  1995 

338 

93/0106 
Particular  plant  health  risks  - protected  zones 
Member  States  which  have  notified  implementing  measures: B, DK, D, E, 
F,  IRL, I, NL,  P, UK,  S. 

Belgium  -  94/0405, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Germany 

-  94/0419, no measures notified, Art.  169 letter in 1994, 

terminated  in  1995 

Greece 
France 

-  94/0423, no measures notified,  reasoned  opinion  in  1995 
-  94/0452, no measures  notified,  Art.  169 letter  in  1994, 

Luxembourg 

terminated  in  1995 
- 

Netheriands 

- 

94/0477, no  measures  notified,  Art.  169  letter  in 
1994 
94/0482,  no  measures  notified,  Art.  169 letter  in 
1994, terminated  in  1995 

Portugal  -  94/0494, no measures notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

United Kingdom 

-  94/0498, no measures notified, Art. 169 letter in 

1994 (to  be terminated  in  1996) 

93/0107 
Feedingstuffs  -  additives 
Member  States  which  have notified  implementing  measures: B, D, DK,  E, 
F,  IRL, I, L, NL, P, UK, A,  S. 

Greece 
Spain 

-  95/0067, no  measures  notified,  Art.  169 letter  in  1995 

-  95/0083, no measures notified, Art.  169 letter in  1995, 

Netheriands 

terminated  in  1995 
- 

95/0158, no  measures  notified,  Art.  169  letter  in 
1995, 

terminated  in  1995 

United Kingdom 

-  95/0202, no measures notified, Art. 169 letter in 

1995, terminated  in  1995 

93/0110 
Organisms  harmful  to plants  and plant  products 
Member  States  which  have  notified  implementing  measures: B, D, DK,  E, 
F,  IRL,  I, L, NL, P, UK,  A,  S. 

Belgium  -  94/0406, no measures notified,  reasoned opinion in  1995, 

terminated  in  1995 

339 

Germany 

-  94/0420, no measures  notified,  Art.  169 letter in  1994, 

terminated  in  1995 

Greece 
France 

-  94/0422,  no  measures  notified,  reasoned  opinion  in  1995 
-  94/0453,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

Luxembourg 

-  94/0478, no measures notified,  Art.  169 letter  in 

1994,  terminated  in  1995 

Netheriands 

- 

94/0483,  no  measures  notified,  Art.  169  letter  in 
1994, 

terminated  in  1995 

Portugal  -  94/0495,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

United  Kingdom 

-  94/0499, no measures notified,  Art.  169 letter  in 

1994,  terminated  in  1995 

93/0113 
Enzymes  and  micro-organisms  in  animal  nutrition 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
IRL,  L,  NL,  UK,  S. 

Germany 

-  94/0818, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

Greece 
France 
Ireland 

-  94/0977,  no  measures  notified,  Art.  169  letter  in  1995 
-  94/0849,  no  measures  notified,  Art.  169  letter  in  1995 
-  94/0865,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

-  94/0889,  no  measures  notified,  Art.  169  letter  in  1995 

Italy 
Netheriands 

- 

94/0922,  no  measures  notified,  Art.  169  letter  in 
1995, 

terminated  in  1995 

Portugal  -  94/0946,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  94/0969, no measures notified,  Art.  169 letter  in 

1995,  terminated  in  1995 

93/0114 
Feedingstuffs  -  additives 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
IRL,  L,  NL,  UK,  S. 

Germany 

-  94/0819, no measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Greece 

-  94/0976,  no  measures  notified,  Art.  169  letter  in  1995 

340 

France 
Ireland 

-  94/0850,  no  measures  notified,  Art.  169  letter  in  1995 
-  94/0866,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

-  94/0890,  no  measures  notified,  Art.  169  letter  in  1995 

Italy 
Netheriands 

- 

94/0923,  no  measures  notified,  Art.  169  letter  in 
1995, 

terminated  in  1995 

Portugal  -  94/0947,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  94/0970, no measures notified,  Art.  169 letter in 

1995,  terminated  in  1995 

93/0117 
Official  control  of  feedingstuffs 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
F,  IRL,  I,  L,  NL,  P,  A. 

Greece 
Spain 

-  95/0068,  no  measures  notified,  Art.  169  letter  in  1995 

-  95/0084, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

Italy 

-  95/0134,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Luxembourg 

-  95/0149, no measures notified,  Art.  169 letter in 

Portugal 

-  95/0179, no measures  notified, Art.  169 letter  in  1995 

1995  (to  be  terminated  in  1996) 

(to  be  terminated  in  1996) 

United  Kingdom 

-  95/0203, no measures notified,  Art.  169 letter in 

1995 

93/0118 
Financing  of  veterinary  health  inspections 
Member  States  which  have  notified  implementing  measures: 
for  provisions  falling  due  on  31.12.1993:  all  except  A,  S,  FIN 
for  provisions  falling  due  on  01.01.1995:  DK,  D,  F,  IRL,  L,  NL 

Belgium  -  95/0025,  no  measures  notified,  Art.  169  letter  in  1995 
Germany 

-  95/0048, no measures notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Spain 
Greece 
Italy 
Ireland 

-  95/0085, no measures  notified,  Art.  169 letter  in  1995 

-  95/0069,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0135,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0116,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

341 

- 

Luxembourg 

95/0150,  no  measures  notified,  Art.  169  letter  in 
1995,  terminated  in  1995 
Portugal  -  95/0180,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0204, no measures notified,  Art.  169 letter in 

1995 

93/0119 
Protection  of  animals  at  the  time  of  slaughter  or  killing 
Member  States which  have  notified  implementing  measures: DK,  E, IRL,  L 

-  95/0257, no measures  notified,  Art.  169 letter  in  1995 

Germany 
Belgium  -  95/0233, no  measures  notified,  Art.  169  letter  in  1995 
-  95/0295,  no  measures  notified,  Art.  169  letter  in  1995 
France 
-  95/0271,  no  measures  notified,  Art.  169  letter  in  1995 
Greece 
-  95/0322,  no  measures  notified,  Art.  169  letter  in  1995 
Italy 
Netheriands 

95/0352,  no  measures  notified,  Art.  169  letter  in 
1995 

- 

Portugal  -  95/0364,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0379, no measures notified,  Art.  169 letter in 

1995 

93/0120 
Poultry  and  hatching  eggs  -  health  conditions 
Member  States  which  have  notified  implementing  measures:  DK,  D,  E,  F, 
IRL,  L,  NL,  UK,  A,  S. 

Belgium  -  95/0234,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0272,  no  measures  notified,  Art.  169  letter  in  1995 
Greece 
-  95/0309,  no  measures  notified,  Art.  169  letter  in  1995, 
Ireland 

terminated  in  1995 

Italy 
-  95/0323, no  measures  notified,  Art.  169  letter  in  1995 
Portugal  -  95/0365,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0380, no measures notified,  Art.  169 letter in 

1995,  terminated  in  1995 

93/0121 
Fresh  poultrymeat  -  health  conditions 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  E, 
F,  IRL,  L,  NL,  P,  UK,  A. 

Belgium  -  95/0235,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

342 

France 

-  95/0296, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

-  95/0273, no  measures  notified,  Art.  169 letter  in  1995 
Greece 
Italy 
-  95/0324, no  measures  notified,  Art.  169 letter  in  1995 
Portugal  -  95/0366, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

United Kingdom 

-  95/0381, no measures notified, Art. 169 letter in 

1995, terminated  in  1995 

94/0003 
Interception  of harmful  organisms 
Member  States which have notified  implementing measures: B, DK, EL, E, 
F,  IRL, NL, P, UK,  S. 

Belgium  -  94/0633, no measures notified,  reasoned opinion in 1995, 

Germany 

terminated  in  1995 
-  94/0657  no  measures  notified,  reasoned  opinion  in 

1995 

Denmark 

-  94/0643, no measures notified, Art.  169 letter in 1994, 

terminated  in  1995 

Spain 

-  94/0671, no measures notified, Art.  169 letter in 1994, 
*  terminated  in  1995 

France 

-  94/0685, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

Greece 

-  94/0688, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

-  94/0730, no  measures  notified,  Art.  169 letter  in  1994 

Italy 
Luxembourg 

Netheriands 

- 

- 

94/0741,  no  measures  notified,  Art.  169  letter  in 
1994 
94/0746,  no  measures  notified,  Art.  169  letter  in 
1994, 

terminated  in  1995 

Portugal  -  94/0763, no  measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

United Kingdom 

-  94/0774, no measures notified, Art.  169 letter in 

1994, terminated  in  1995 

94/0013 
Organisms  harmful  to  plants 
Member  States which have notified  implementing measures: B, DK, EL, E, 
F,  IRL, L, NL,  S. 

343 

Belgium  -  95/0236,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Germany 
Denmark 

-  95/0258, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0248, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

France 

-  95/0297,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Greece 

-  95/0274,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Italy 
Luxembourg 

-  95/0325,  no  measures  notified,  Art.  169  letter  in  1995 

- 

95/0340,  no  measures  notified,  Art.  169  letter  in 
1995,  terminated  in  1995 
Portugal  -  95/0367,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0382, no measures notified,  Art.  169 letter in 

1995 

94/0014 
Feedingstuffs  -  official  control 
Member  States  which  have  notified  implementing  measures: B, DK,  D,  EL, 
E,  F,  IRL,  I,  L,  NL,  UK 

Luxembourg 

- 

95/0571,  no  measures  notified,  Art.  169  letter  in 
1995  (to  be  terminated  in  1996) 

Portugal  -  95/0608,  no  measures  notified,  Art.  169  letter  in  1995 

94/0016 
Feedingstuffs  -  undesirable  substances  and  products 
Member  States  which  have  notified  implementing  measures: B, DK,  D,  EL, 
E,  F,  IRL,  NL,  P,  UK,  S. 

Italy 
Luxembourg 

-  95/0326, no measures  notified,  Art.  169 letter  in  1995 
-  95/0341, no measures notified,  Art.  169 letter in 

Netheriands 

-  95/0353, no measures notified,  Art.  169 letter in 

1995 

1995, 
terminated  in  1995 

Portugal  -  95/0368,  no  measures  notified,  Art.  169  letter  in  1995 

(to  be  terminated  in  1996) 

344 

94/0017 
Feedingstuffs  -  additives 
Member  States  which  have  notified  implementing  measures:  B,  D,  DK,  E, 
F,  IRL,  I,  L,  NL,  UK,  S. 

Greece 
Ireland 

-  95/0072,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0120,  no  measures  notified,  Art.  169  letter  in  1995, 

Netheriands 

terminated  in  1995 
- 

95/0160,  no  measures  notified,  Art.  169  letter  in 
1995, 

terminated  in  1995 

Portugal  -  95/0184,  no  measures  notified,  Art.  169  letter  in  1995 

94/0028 
Imports  from  third  countries  -  zootechnical  and  genealogical  conditions 
Member  States  which  have  notified  implementing  measures:  E,  I, NL,  FIN 

-  95/0436, no  measures  notified,  Art.  169 letter  in  1995 

-  95/0424, no  measures  notified,  Art.  169 letter  in  1995 

Germany 
Belgium  -  95/0402,  no  measures  notified,  Art.  169  letter  in  1995 
Denmark 
France 
Greece 
Ireland 
Luxembourg 

-  95/0505,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0457,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0527,  no  measures  notified,  Art.  169  letter  in  1995 

95/0573,  no  measures  notified,  Art.  169  letter  in 
1995 

- 

Portugal  -  95/0610,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0635, no measures notified,  Art.  169 letter in 

1995 

94/0029 
Pesticide  residues  -  cereals  and  foodstuffs  of  animal  origin 
Member  States  which  have  notified  implementing  measures: DK,  D, EL,  E, 
IRL,  I, NL,  UK,  A,  S. 

Belgium  -  95/0403,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0506,  no  measures  notified,  Art.  169  letter  in  1995 
France 
.  -  95/0549, no  measures  notified,  Art.  169 letter  in  1995  (to 
Italy 

be  terminated  in  1996) 

Luxembourg 

Netheriands 

- 

- 

95/0574,  no  measures  notified,  Art.  169  letter  in 
1995 
95/0592,  no  measures  notified,  Art.  169  letter  in 
1995,  terminated  in  1995 

345 

Portugal  -  95/0611,  no  measures  notified,  Art.  169 letter  in  1995 

94/0030 
Pesticide  residues  in or  on products  of plant  origin 
Member  States  which  have  notified  implementing  measures:  DK,  D,  EL, 
IRL,  I, NL, UK, A,  S. 

Belgium  -  95/0404, no  measures  notified,  Art.  169 letter  in  1995 
Spain 
France 
Italy 

-  95/0507, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0550, no measures notified,  Art.  169 letter in  1995 (to 

-  95/0484, no measures notified, Art.  169 letter in  1995 

be terminated  in  1996) 

Luxembourg 

Netheriands 

- 

- 

95/0575, no  measures  notified,  Art.  169  letter  in 
1995 
95/0593, no  measures  notified,  Art.  169  letter  in 
1995, 

terminated  in  1995 

Portugal  -  95/0612, no  measures  notified,  Art.  169 letter  in  1995 

94/0037 
Plant  protection  products 
Member States which have notified  implementing measures: B, DK, E, IRL, 
I, L, NL, UK,  S. 

Germany 
Spain 

-  95/0437, no measures notified,  Art.  169 letter in  1995 
-  95/0485, no measures notified,  Art.  169 letter in  1995 

(to  be terminated  in  1996) 

France 
-  95/0509, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0459, no  measures  notified,  Art.  169 letter  in  1995 
Greece 
Portugal  -  95/0614,  no  measures  notified,  Art.  169 letter  in  1995 

94/0039 
Intended  uses  of animal  feedingstuffs  for  particular  nutritional  purposes 
Member States which have notified  implementing measures: B, DK, L, NL, 
UK 

Germany 
-  95/0438, no measures notified,  Art.  169 letter in  1995 
Belgium  -  95/0406, no measures notified,  Art.  169 letter in  1995 (to 

be terminated  in  1996) 

Spain 
France 

-  95/0486,  no  measures  notified,  Art.  169 letter  in  1995 
-  95/0510, no  measures  notified,  Art.  169 letter  in  1995 

346 

-  95/0460, no  measures  notified,  Art.  169 letter  in  1995 
Greece 
-  95/0529, no  measures  notified,  Art.  169 letter  in  1995 
Ireland 
Italy 
-  95/0552, no measures  notified,  Art.  169 letter  in  1995 
Portugal  -  95/0615, no  measures  notified,  Art.  169 letter  in  1995 

94/0040 
Additives  - guidelines  for  evaluation 
Member  States  which  have notified  implementing  measures: B, DK,  D, E, 
F,  IRL, I, L, NL,  UK. 

Spain 

-  94/0836, no measures notified, Art. 169 letter in 1995, 

terminated  in  1995 

France 

-  94/0853, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Greece 
Italy 

-  94/0973, no  measures  notified,  Art.  169 letter  in  1995 
-  94/0893,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Ireland 

-  94/0869, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Portugal  -  94/0950, no  measures  notified,  Art.  169 letter  in  1995 
Luxembourg 

94/0997,  no  measures  notified,  Art.  169  letter  in 
1995, terminated  in  1995 
-  94/0972, no measures notified, Art.  169 letter in 

United Kingdom 

- 

1995, terminated  in  1995 

94/0041 
Feedingstuffs  -  additives 
Member  States  which  have  notified  implementing  measures: B, DK,  E, F, 
IRL, I, L, NL, UK, A,  S. 

Germany 
Spain 

-  95/0439, no measures notified,  Art.  169 letter in  1995 
-  95/0487, no measures notified, Art.  169 letter in  1995, 

terminated  in  1995 

Greece 
-  95/0461,  no  measures  notified,  Art.  169 letter  in  1995 
Portugal  -  95/0616, no  measures  notified,  Art.  169 letter  in  1995 

94/0042 
Health  problems  -  live  animals 
Member  States which  have  notified  implementing  measures: B, DK,  D,  E, 
F, NL,  UK,  A,  S, FIN. 

347 

Germany 

-  95/0259, no measures notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Belgium  -  95/0238,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

France 

-  95/0298,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Greece 
Ireland 
Italy 
Luxembourg 

-  95/0276,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0311,^no  measures  notified,  Art.  169  letter  in  1995 
-  95/0327,  no  measures  notified,  Art.  169  letter  in  1995 

- 

95/0343,  no  measures  notified,  Art.  169  letter  in 
1995 

Portugal  -  95/0370,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0384, no measures notified,  Art.  169 letter  in 

1995,  terminated  in  1995 

94/0043 
Plant  protection  products 
Member  States  which  have  notified  implementing  measures: DK,  E,  IRL, I, 
L,  NL,  UK,  S. 

-  95/0440, no  measures  notified,  Art.  169 letter  in  1995 

Germany 
Belgium  -  95/0407,  no  measures  notified,  Art.  169  letter  in  1995 
Denmark 

-  95/0425, no measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Spain 

-  95/0488, no measures  notified,  Art.  169 letter  in  1995 

(to  be  terminated  in  1996) 

-  95/0511,  no  measures  notified,  Art.  169  letter  in  1995 
France 
Greece 
-  95/0462,  no  measures  notified,  Art.  169  letter  in  1995 
Portugal  -  95/0617,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0637, no measures notified,  Art.  169 letter in 

1995,  terminated  in  1995 

94/0059 
Imports  from  third  countries  -  examination  for  trichinae 
Member  States which  have  notified  implementing  measures:  B, DK,  L, NL, 
P,  A,  FIN 

Germany 
Belgium  -  95/0031,  no  measures  notified,  Art.  169  letter  in  1995, 

-  95/0052, no  measures  notified,  Art.  169 letter  in  1995 

terminated  in  1995 

Denmark 

-  95/0039, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

348 

Spain 
France 
Greece 
Ireland 
Italy 
Luxembourg 

-  95/0090,  no  measures  notified,  Art.  169 letter  in  1995 

-  95/0108,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0075,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0124,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0141,  no  measures  notified,  Art.  169  letter  in  1995 

- 

95/0154,  no  measures  notified,  Art.  169  letter  in 
1995,  terminated  in  1995 

Portugal  -  95/0188,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

United  Kingdom 

-  95/0210, no measures notified,  Art.  169 letter in 

1995 

94/0071 
Raw  milk,  heat-treated  milk  and  milk-based  products 
Member  States which  have  notified  implementing  measures: DK,  D, L,  NL, 
P,  UK,  S. 

Belgium  -  95/0411,  no  measures  notified,  Art.  169  letter  in  1995 
Denmark 

-  95/0427, no measures  notified,  Art.  169 letter in  1995, 

terminated  in  1995 

-  95/0492, no  measures  notified,  Art.  169 letter  in  1995 

Spain 
France 
Greece 
Ireland 
Italy 
United  Kingdom  95/0640,  no  measures  notified,  Art.  169  letter  in 

-  95/0514,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0467,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0533,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0557,  no  measures  notified,  Art.  169  letter  in  1995 

1995  (to  be  terminated  in  1996) 

95/0004 
Organisms  harmful  to  plants 
Member  States  which  have  notified  implementing  measures:  B,  DK,  E,  F, 
IRL,  L,  NL,  P,  UK,  A,  S. 

Germany 
Belgium  -  95/0244,  no  measures  notified,  Art.  169  letter  in  1995, 

-  95/0264, no  measures  notified,  Art.  169 letter  in  1995 

terminated  in  1995 

Greece 
France 

-  95/0282,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0302,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Italy 
-  95/0333,  no  measures  notified,  Art.  169  letter  in  1995 
Portugal  -  95/0376,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

349 

United Kingdom 

-  95/0390, no measures notified, Art. 169 letter in 

1995, terminated  in  1995 

95/0006 
Cereal  seed 
Member  States  which  have  notified  implementing  measures:  B, DK,  E, F, 
IRL, NL,  UK, A. 

Germany 
Belgium  -  95/0414, no  measures  notified,  Art.  169 letter  in  1995, 

-  95/0443, no measures notified,  Art.  169 letter in  1995 

terminated  in  1995 

Greece 
Italy 
Luxembourg 

Netheriands 

-  95/0469, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0560, no  measures  notified,  Art.  169 letter  in  1995 

- 

- 

95/0581,  no  measures  notified,  Art.  169  letter  in 
1995 
95/0598,  no  measures  notified,  Art.  169  letter  in 
1995 (to  be terminated  in  1996) 

Portugal  -  95/0624, no  measures  notified,  Art.  169 letter  in  1995, 

95/0009 
Feedingstuffs  intended  for  particular  nutritional  purposes 
Member States which have notified  implementing measures: B, DK, NL, UK 

Germany 
-  95/0444, no measures notified,  Art.  169 letter in  1995 
Belgium  -  95/0415, no measures notified,  Art.  169 letter in  1995 (to 

Spain 
France 
Greece 
Ireland 
Italy 
Luxembourg 

Netheriands 

be terminated  in  1996) 
-  95/0494, no measures notified,  Art.  169 letter in  1995 

-  95/0517, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0470, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0535, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0561,  no  measures  notified,  Art.  169 letter  in  1995 

- 

- 

95/0582,  no  measures  notified,  Art.  169  letter  in 
1995 
95/0599,  no  measures  notified,  Art.  169  letter  in 
1995, 

terminated  in  1995 

Portugal  -  95/0625, no  measures  notified,  Art.  169 letter  in  1995 

95/0010 
Calculating  the  energy  value  of  certain  dog  and  cat  food 
Member  States  which  have  notified  implementing  measures: DK, NL,  UK 

350 

-  95/0445, no  measures  notified,  Art.  169 letter  in  1995 

-  95/0495, no  measures  notified,  Art.  169 letter  in  1995 

Germany 
Belgium  -  95/0416,  no  measures  notified,  Art.  169  letter  in  1995 
Spain 
France 
Greece 
Ireland 
Italy 
Luxembourg 

-  95/0518,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0471,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0536,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0562,  no  measures  notified,  Art.  169  letter  in  1995 

- 

95/0583,  no  measures  notified,  Art.  169  letter  in 
1995 
95/0600,  no  measures  notified,  Art.  169  letter  in 
1995  (to  be  terminated  in  1996) 

Netheriands 

- 

Portugal  -  95/0626,  no  measures  notified,  Art.  169  letter  in  1995 

95/0011 
Feedingstuffs  -  assessment  of  additives 
Member  States  which  have  notified  implementing  measures:  B,  DK,  D,  E, 
NL,  UK 

-  . 
France 
-  . 
Greece 
-  . 
Ireland 
Italy 
-  . 
Luxembourg 

,., no measures  notified,  Art.  169 letter to be sent in  1996 
., no measures  notified,  Art.  169 letter to be sent in  1996 
., no measures  notified,  Art.  169 letter to be sent in  1996 
., no measures  notified,  Art.  169 letter to be sent in  1996 
..., no  measures  notified,  Art.  169 letter to  be  sent 
in  1996 

Portugal  -  . 

., no measures  notified,  Art.  169 letter to be sent  in  1996 

95/0023 
Fresh  meat  -  production  conditions 
Member  States  which  have  notified  implementing  measures:  no 

Germany 

- 

...,  no  measures  notified, 
1996 

Belgium  - 
Denmark 

Spain 

..., no measures  notified,  Art. 
...,  no  measures  notified, 
- 
1996 
...,  no  measures  notified, 
1996 

- 

Art.  169  letter  to  be  sent  in 

169 letter to be sent  in  1996 
Art.  169  letter  to  be  sent  in 

Art.  169  letter  to  be  sent  in 

France 
Greece 
Ireland 
Italy 

- 
- 
- 
- 

..., no measures  notified,  Art. 
..., no measures  notified,  Art. 
..., no measures  notified,  Art. 
..., no measures  notified,  Art. 

169 letter to be sent in  1996 
169 letter to be sent  in  1996 
169 letter to be sent  in  1996 
169 letter to be sent  in  1996 

351 

Luxembourg 

Netheriands 

...,  no  measures  notified,  Art.  169 letter to  be  sent 
in  1996 
..., no  measures  notified,  Art.  169 letter  to  be  sent 
in  1996 

Portugal  - 
United  Kingdom 

..., no measures  notified,  Art.  169 letter to be sent  in  1996 
...,  no  measures  notified,  Art.  169  letter  to  be 
sent  in  1996 

- 

95/0025 
Health  conditions  -  live  animals 
Member  States  which  have  notified  implementing  measures:  D,  A,  FIN 

Belgium  - 
Denmark 

..., no  measures  notified,  Art.  169 letter to be sent  in  1996 
no  measures  notified,  Art.  169  letter  to  be  sent  in 
-

Spain 

1996 
...,  no  measures  notified,  Art.  169  letter  to  be  sent  in 
1996 

-  .. 
France 
-  .. 
Greece 
-  .. 
Ireland 
Italy 
-  .. 
Luxembourg 

Netheriands 

., no measures  notified,  Art.  169 letter to be sent  in  1996 
., no measures  notified,  Art.  169 letter to be sent  in  1996 
., no measures  notified,  Art.  169 letter to be sent  in  1996 
., no measures  notified,  Art.  169 letter to be sent  in  1996 
..., no  measures  notified,  Art.  169 letter to  be  sent 
in  1996 
..., no  measures  notified,  Art.  169 letter to be  sent 
in  1996 

Portugal  - 
United  Kingdom 

.. 

., no measures  notified,  Art.  169 letter to be sent  in  1996 
...,  no  measures  notified,  Art.  169  letter  to  be 
sent  in  1996 

95/0040 
Organisms  harmful  to  plants  -  protected  zones 
Member  States  which  have  notified  implementing  measures:  DK,  E,  IRL, 
NL,  UK,  S. 

-  95/0446,  no measures  notified,  Art.  169 letter  in  1995 

Germany 
Belgium  -  95/0416,  no  measures  notified,  Art.  169  letter  in  1995 
Denmark 

-  95/0429, no  measures  notified,  Art.  169 letter  in  1995 

(to  be  terminated  in  1996) 

Spain 

-  95/0496, no  measures  notified,  Art.  169 letter  in  1995 

(to  be  terminated  in  1996) 

France 
Greece 

-  95/0519,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0472,  no  measures  notified,  Art.  169  letter  in  1995 

352 

Ireland 

-  95/0537,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

-  95/0563,  no  measures  notified,  Art.  169  letter  in  1995 

Italy 
Luxembourg 

- 

95/0584,  no  measures  notified,  Art.  169  letter  in 
1995 

Portugal  -  95/0627,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0643, no measures notified,  Art.  169 letter  in 

1995  (to  be  terminated  in  1996) 

95/0041 
Organisms  harmful  to  plants 
Member  States  which  have  notified  implementing  measures:  DK,  E,  IRL, 
NL,  UK,  S. 

-  95/0447, no measures  notified,  Art.  169 letter  in  1995 

Germany 
Belgium  -  95/0418,  no  measures  notified,  Art.  169  letter  in  1995 
Denmark 

-  95/0430, no measures  notified,  Art.  169 letter  in  1995 

(to  be  terminated  in  1996) 

Spain 

-  95/0497, no measures  notified,  Art.  169 letter  in  1995 

(to  be  terminated  in  1996) 

France 
Greece 
Ireland 

-  95/0520,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0473,  no  measures  notified,  Art.  169  letter  in  1995 
-  95/0538,  no  measures  notified,  Art.  169  letter  in  1995, 

terminated  in  1995 

Italy 
Luxembourg 

-  95/0564,  no  measures  notified,  Art.  169  letter  in  1995 

- 

95/0585,  no  measures  notified,  Art.  169  letter  in 
1995 

Portugal  -  95/0628,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

-  95/0644, no measures notified,  Art.  169 letter in 

1995  (to  be  terminated  in  1996) 

353 

6.  ENVIRONMENT 

67/0548 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

69/0081 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

70/0157 
Sound  level  of  motor  vehicles 
Member  States  which  have  notified  implementing  measures:  all 

70/0189 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

72/0306 
Emission  of  pollutants  from  diesel  engines 
Member  States  which  have  notified  implementing  measures:  all 

73/0146 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

75/0409 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

75/0439 
Disposal  of  waste  oils 
Member  States  which  have  notified  implementing  measures:  all 

Italy  -  86/0419,  not  properly  applied, judgment  in  1993, 

Case  C-89/366 

354 

75/0440 
Surface  water 
Member  States  which  have  notified  implementing  measures: all 

Belgium  -  87/0345,  not  properly  implemented,  reasoned  opinion 
(171) 
Germany 

to  be  sent  in  1996 
-  87/0372, not properly implemented, reasoned  opinion 
(171)  in  1995 

Italy 

France 

-  89/0206, not properly implemented,  referral  to be sent in 
1996 
-  92/4200, not properly applied, reasoned opinion to be sent 
in  1996 
United Kingdom 
opinion 

-  89/4571,  not  properly  implemented,  reasoned 

to be  sent  in  1996 

Portugal 

-  92/2300,  not  properly  applied,  reasoned  opinion  in 
1995 

Italy  -  89/0206,  not  properly  implemented,  referral  to  be  sent  in 

1995 

75/0442 
Waste 
Member  States which  have notified  implementing  measures: all 

Spain 
Greece 

Ireland 

-  90/0959, not properly  applied,  terminated  in  1995 

-  89/0138, not properly  applied, judgment  7.04.92 
-  Case  C-91/045, Art.  171 letter  in  1995 
-  91/0704, not properly  implemented,  reasoned  opinion  in 

1993 

Italy 

Italy 

-  88/0239, not properly  applied, judgment  in  1991 
-  Case  C-90/033, Art.  171  letter  in  1995 
-  90/0262, not properly applied, reasoned opinion to be sent 

in  1996 

Greece 

-  92/4682, not properly applied, reasoned opinion to be sent 

in  1996 

Greece 

-  92/5154, not properly  applied, reasoned  opinion  to be se 

nt  in  1996 

75/0716 
Sulphur  content  of  liquid  fuel 
Member  States  which  have  notified  implementing  measures: all 

355 

76/0160 
Bathing  water 
Member  States which  have notified  implementing  measures: all except  FIN, 
S 

Germany 

-  89/0317,  not  properly  applied,  reasoned  opinion  in 

1994 

Spain 

-  89/0418,  not  properly  applied,  referral  to  be  sent  in 

1996 

Italy 

-  87/0356,  not  properly  implemented,  referral  to  be  sent  in 

1996 
United  Kingdom 

-  86/0214, not properly applied, judgment in  1993 

-  Case  C-90/056 

Belgium  -  89/0416, not properly  applied, reasoned opinion to be sent 

in  1996 

76/0403 
Disposal  of  PCBs 
Member  States  which  have  notified  implementing  measures:  all 

76/0464 
Dangerous  substances  in  the  sea 
Member  States  which  have  notified  implementing  measures:  all 

Germany 

-  89/2343,not  properly  applied,  reasoned  opinion  in 
1994 

Greece 

-  89/0303,  not  properly  applied,  referral  in  1995, 

Case  C-95/232 

France 
Italy 
Italy 
Luxembourg 

-  91/0206,  not  properly  applied,  reasoned  opinion  in  1993 
-  90/0416,  not  properly  applied,  terminated  in  1995 
-  91/0642,  not  properly  applied,  reasoned  opinion  in  1993 
91 /0207, not properly  applied, reasoned opinion  in 
1993 

- 

Portugal  -  91/0556,  not  properly  applied,  reasoned  opinion  in  1993 
-  90/0960,  not  properly  applied,  reasoned  opinion  in 
Spain 

1994  . 

Spain 

-  90/2190,  not  properly  applied,  reasoned  opinion  in 

1995 

Netheriands 

-  90/4113,  not  properly  applied,  reasoned  opinio 
n  to  be  sent  in  1996 

Greece 

-  91/0620,  not  properly  applied,  referral  in  1995,  Case 

C-95/233 

356 

Belgium  -  93/4331, not properly applied, reasoned  opinion to be sent 

Spain 

in  1996 
-  94/4548, not  properly  applied,  reasoned  opinion  to  be 
sent  in  1996 

76/0907 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

78/0176 
Waste  -  titanium  dioxide 
Member  States  which  have  notified  implementing  measures:  all 

Portugal 

-  90/0929,  no  measures  notified,  terminated  in  1995 

78/0319 
Toxic  and  dangerous  waste 
Member  States  which  have  notified  implementing  measures:  all 

Germany 

-  90/0038,  not  properly  applied,  referral  in  1992, 

Case  C-92/422, judgment  in  1994 

Spain 
Ireland 

-  89/0337,  not  properly  applied,  terminated  in  1995 

-  90/0192,  not  properly  applied,  terminated  in  1995 

78/0659 
Quality  of  fresh  waters 
Member  States  which  have  notified  implementing  measures:  all 

Germany 

-  90/2203, not  properly  applied,  referral  in  1995,  Case 

C-95/298 

Italy 

-  90/0211, not properly  implemented, referral  in  1993, Case 

C-93/291, 

judgment  in  1994 

Belgium  -  90/2202, not properly  applied, reasoned opinion to be sent 

in  1996 

France 

-  91/4338, not properly  applied, reasoned  opinion to be sent 

in  1996 

357 

78/1015 
Sound  level  of  motorcycles 
Member  States  which  have  notified  implementing  measures: all 

79/0113 
Noise  emissions from construction  plant 
Member  States which  have  notified  implementing  measures: all 

79/0370 
Labelling  of  dangerous  substances 
Member  States which have  notified  implementing  measures: all 

79/0409 
Conservation  of wild  birds 
Member  States which have notified  implementing measures: all except FIN 

Germany 
Germany 

Belgium  -  90/0291,  not properly  implemented, reasoned  opinion  in 
1993,  !! reasoned  opinion  to  be  sent  in  1996 
-  87/0246, not properly  applied,  terminated  in  1995 
-  86/0222, not properly implemented, judgment in 1990 
-  Case  C-88/288, Art.  171 letter  in  1994 
-  88/0295,  not  properly  applied,  judgment  in  1993  -
Case  C-90/355, Art.  171 letter to be sent  in  1996 
-  84/0121,  not  properly  implemented,  -  Case  C-90/355, 
suppl. Art.  171 reasoned  opinion 

France 

Spain 

judgment  in  1993, 
to be  sent  in  1996 

Italy 
Italy 
France 

-  87/0327, not properly  applied, reasoned  opinion  in  1989 
-  91/0795, not properly  applied,  terminated  in  1995 
-  89/4910, not properly applied, reasoned opinion to be sent 

in  1996 

France 
Spain 

-  91/0640, not  properly  applied,  reasoned  opinion  in  1994 
-  91/4380, not properly applied, reasoned opinion to be 
sent 

in  1996 

France 
France 

-  91/4599, not properly  applied, reasoned  opinion  in  1995 
-  92/4252, not properly applied, reasoned opinion to be sent 

in  1996 

France 

-  92/4527, not properly applied, reasoned opinion to be sent 

Germany 

in  1996 
-  92/4575, not properly applied, reasoned opinion to be 
sent 

in  1996 

358 

79/0831 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures: all 

79/0869 
Surface  water 
Member  States  which have notified  implementing  measures: all  except  S 

Portugal 

-  93/2035, not properly  implemented, reasoned  opinion 
to  be sent  in  1996 

79/0923 
Shellfish  waters 
Member States which have notified  implementing measures: all except FIN, 
S 

Italy 

-  91/0743, not properly applied, reasoned opinion  in 1993, 
referral  scheduled  for  1996 

80/0051 
Noise  emissions  from  aircraft 
Member  States  which  have notified  implementing  measures: all 

Germany 

93/4719, not properly applied, reasoned opinion to 

- 
be  sent  in  1996 

80/0068 
Protection  of  groundwater 
Member  States  which  have  notified  implementing  measures:  all  except  S 

Germany 

France 

Ireland 

86/0121,  not  properly 

implemented,  Case 
- 
C-131/88,  suppl. Art.  171 reasoned  opinion  in  1995 
-  90/0352, not properly implemented, referral  scheduled 
for  1996 
-  89/0163,  not  properly  implemented,  suppl.  Art.  169 
letter  in  1993 

United Kingdom 

-  88/0354, not properly applied, reasoned opinion 
in  1989 

Portugal 

-  93/2112, not properly implemented, reasoned  opinion 
to  be sent  in  1996 

359 

80/0778 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

Germany 
Germany 
France 
Italy 

-  89/0650,  not  properly  applied,  terminated  in  1995 
-  90/4085,  not  properly  applied,  terminated  in  1995 
-  91 /2316, not properly  applied, referral  scheduled  for  1996 
-  87/0363, not  properly  implemented,  reasoned  opinion  in 

1988 

Netheriands 

United  Kingdom 

United  Kingdom 

-  91/0214,  not  properly  implemented,  reasoned 
opinion  in  1993 
-  87/0370, not properly applied, judgment in  1992 
-  Case  C-89/337 
-  91/0772, not properly  applied, reasoned  opinion 
in  1993 

80/0779 
Air  quality  (addressed  to  Greece) 
Member  States  which  have  notified  implementing  measures:  all  except  A, 
FIN 

Portugal 

-  93/2113,  not  properly  applied,  reasoned  opinion  to  be 
sent  in  1996 

80/0836 
Health  protection  -  ionizing  radiation 
Member  States  which  have  notified  implementing  measures:  all 

Italy 
Luxembourg 

Netheriands 

-  87/0225,  no  measures  notified,  terminated  in  1995 

- 

- 

88/0487,  not  properly 
opinion  in  1991 
88/0488,  not  properly 
opinion  in  1990 

implemented, 

reasoned 

implemented, 

reasoned 

80/1189 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

360 

81/0854 
Conservation  of  wild  birds 
Member  States  which  have  notified  implementing  measures:  all 

81/0855 
Surface  water 
(addressee:  Greece) 
Member  States  which  have  notified  implementing  measures:  EL 

81/0857 
Air  quality  (addressed  to  Greece) 
(addressee:  Greece) 
Member  States  which  have  notified  implementing  measures:  EL 

81/0858 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

81/0957 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

81/1051 
Acquired  rights  -  doctors,  nurses,  dentists  and  veterinary  surgeons 
Member  States  which  have  notified  implementing  measures:  all 

82/0176 
Mercury  discharges 
Member  States  which  have  notified  implementing  measures:  all 

82/0232 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

82/0501 
Major-accident  hazards 
Member  States  which  have  notified  implementing  measures:  all 

361 

Germany 

-  87/0219,  not  properly 
opinion  to  be  sent  in  1996 

implemented,  !!  reasoned 

Italy 

-  91/2065, not properly applied, reasoned opinion to be sent 

in  1996 

82/0883 
Titanium  dioxide  waste 
Member  States  which have  notified  implementing  measures: all 

82/0884 
Lead  in the  air 
Member  States  which  have  notified  implementing  measures:  all  except  A, 
FIN 

83/0029 
Waste  - titanium  dioxide 
Member  States which  have notified  implementing  measures: all 

83/0129 
Seal-pup  skins 
Member  States  which  have  notified  implementing  measures:  all  except  A, 
FIN 

83/0206 
Noise  emissions  from  aircraft 
Member  States  which  have notified  implementing  measures: all 

83/0467 
Labelling  of dangerous  substances 
Member  States  which  have notified  implementing  measures: all 

83/0513 
Cadmium  discharges 
Member  States  which  have notified  implementing  measures: all 

362 

84/0156 
Mercury  discharges 
Member  States  which  have notified  implementing  measures: all 

Portugal 

-  92/2303,  not  properly  applied,  reasoned  opinion  in 

1995 

84/0360 
Air pollution  from  industrial  plants 
Member  States which  have  notified  implementing  measures: all 

84/0449 
Labelling  of  dangerous  substances 
Member  States  which  have notified  implementing  measures: all 

84/0466 
Radiation  protection  -  patients 
Member  States which  have  notified  implementing  measures: all 

Belgium  -  90/0237, not properly  implemented,  reasoned  opinion  in 

1992 

Ireland 

-  90/0239, not properly  implemented,  reasoned  opinion in 

1993 

Italy 

-  90/0240,  not  properly  implemented,  judgment  in  1993, 
Case  C-92/95, Art.  171  letter  in  1994 

Portugal  -  90/0242, not  properly  implemented,  reasoned  opinion i n 

Spain 

-  91/0723, not properly  implemented, reasoned  opinion 

in  1993 

1993 

84/0467 
Health  protection  - ionizing  radiation 
Member  States  which  have  notified  implementing  measures: all 

Italy  -  87/0233, no  measures  notified,  terminated  in  1995 

84/0491 
HCH  discharges 
Member  States  which  have  notified  implementing measures: all 

363 

84/0532 
Construction  plant 
Member  States  which  have  notified  implementing  measures:  all 

84/0533 
Sound  power  level  of  compressors 
Member  States  which  have  notified  implementing  measures:  all 

84/0534 
Sound  power  level  of  tower  cranes 
Member  States  which  have  notified  implementing  measures:  all 

84/0535 
Sound  power  level  of  welding  generators 
Member  States  which  have  notified  implementing  measures:  all 

84/0536 
Sound  power  level  of  power  generators 
Member  States  which  have  notified  implementing  measures:  all 

84/0537 
Sound  power  level  of  hand-held  concrete-breakers 
Member  States  which  have  notified  implementing  measures:  all 

84/0538 
Sound  power  level  of  lawnmowers 
Member  States  which  have  notified  implementing  measures:  all 

84/0631 
Transfrontier  shipment  of  hazardous  waste 
Member  States  which  have  notified  implementing  measures:  all 

85/0203 
Air  quality  -  nitrogen  dioxide 
Member  States  which  have  notified  implementing  measures:  all  except  A, 
FIN 

364 

Belgium 

-  88/0023, not properly  implemented, judgment in  1993, 
Case  C-91/186, 

terminated  in  1995 

United  Kingdom 

-  89/5110,  not  properly  implemented,  reasoned 
opinion  in  1993 

85/0210 
Lead  content  of  petrol 
Member  States  which  have  notified  implementing  measures:  all 

85/0337 
Assessment  of  projects  on  the  environment 
Member  States  which  have  notified  implementing  measures:  all 

Belgium  -  89/0652,  not  properly  implemented  referral  in  1994, 

Case  C-94/133 

Germany 

-  90/0189,  not  properly  applied,  referral  in  1992 

Germany 

Case  C-92/431, judgment  in  1995, terminated  in  1995 
-  90/4710,  not  properly  implemented,  referral  in  1995, 

Case  C-95/301 

Spain 

-  90/0129,  not properly  implemented,  reasoned  opinion 

in  1992 

Italy 

-  91/0794,  not  properly  implemented,  reasoned  opinion  in 

1993 

Ireland 

-  89/0425,  not  properly  implemented,  reasoned  opinion  in 

1993 
- 

Luxembourg 

90/0126,  no  measures  notified,  referral  in  1993, 
Case  C-93/313, judgment  in  1994,  terminated  in  1995 

United  Kingdom 

-  91/2200,  not  properly  implemented,terminated 

in  1995 

Greece 

-  91/2036,  not  properly  implemented,  reasoned  opinion  to 

be  sent  in  1996 

Portugal  -  91/2168,  not  properly  implemented,  reasoned  opinion  to 

be  sent  in  1996 

85/0339 
Containers  for  liquids  for  human  consumption 
Member  States  which  have  notified  implementing  measures:  all. 

Belgium  -  87/0330,  not  properly  applied, judgment  in  1991, 

Case  C-89/330,  terminated  in  1995 

Spain 

-  87/0337,  not  properly  applied, judgment  in  1991 

365 

Case  C-90/192, terminated  in  1995 

France 

-  87/0332, not properly  applied, judgment  in  1994, 

Luxembourg 

Case  C-93/255, terminated  in  1995 
- 
Case  C-89/252,  terminated  in  1995 

87/0334, not properly applied, judgment  in  1991, 

85/0405 
Noise  emissions  from  construction  plant 
Member  States which  have  notified  implementing  measures: all 

85/0406 
Sound  power  level  of  compressors 
Member  States  which  have notified  implementing  measures: all 

85/0407 
Sound  power  level  of welding  generators 
Member  States which  have  notified  implementing  measures: all 

85/0408 
Sound  power  level  of power  generators 
Member  States which  have  notified  implementing  measures: all 

85/0409 
Sound  power  level  of hand-held  concrete-breakers 
Member  States  which  have  notified  implementing  measures: all 

85/0411 
Conservation  of wild  birds 
Member  States which have notified  implementing  measures: all except FIN 

Netheriands 

-  87/0176, not properly applied, referral  scheduled 
for  1996 

85/0444 
Seal-pup  skins 
Member  States  which  have  notified  implementing  measures:  all  except  A, 
FIN 

366 

85/0467 
Dangerous  substances  and  preparations 
Member  States  which  have  notified  implementing  measures: all 

85/0469 
Transfrontier  shipment  of hazardous  waste 
Member  States which  have  notified  implementing  measures: all 

85/0580 
Air  quality  - nitrogen  dioxide 
Member  States which  have notified  implementing  measures: all 

85/0581 
Lead  content  of petrol 
Member  States which  have notified  implementing  measures: all 

86/0121 
Transfrontier  shipment  of hazardous  waste 
Member  States which  have  notified  implementing  measures: all 

86/0122 
Conservation  of wild  birds 
Member  States  which  have  notified  implementing  measures: all 

86/0278 
Sewage  sludge used  in  agriculture 
Member  States which  have  notified  implementing  measures: A, DK,  D, E, 
EL,  F, FIN, IRL, T, L, NL,  P,  S, UK 

Belgium  -  90/0230, no measures notified,  Case C-93/260, judgment 
in  1994, suppl. Art.  171  letter  to  be  sent  in  1996 
-  92/2226, not  properly  implemented,  reasoned  opinion  to 
be  sent  in  1996 

France 

86/0279 
Transfrontier  shipment  of hazardous  waste 
Member  States  which  have  notified  implementing  measures: all 

367 

86/0280 
Dangerous  substances  in the  sea 
Member  States  which  have  notified  implementing  measures: all 

Germany 

-  89/0427,  not  properly  implemented,referral  in  1995, 
Case  C-95/262 

Ireland 

-  91/2216, not properly implemented, suppl. Art.  169 letter 
to be sent  in  1996 

Portugal  -  92/2358, not properly  implemented,  reasoned  opinion  to 

be  sent  in  1996 

86/0295 
Construction  plant 
Member  States  which  have  notified  implementing  measures: all 

86/0296 
Construction  plant 
Member  States which  have  notified  implementing  measures: all 

86/0431 
Labelling  of dangerous  substances 
Member  States which  have  notified  implementing  measures: all 

86/0594 
Noise  from  household  appliances 
Member  States which  have  notified  implementing  measures: all  except  A 

86/0609 
Protection  of  animals 
Member  States which  have  notified  implementing  measures: all  except  S 

Luxembourg 

- 

90/0730, no  measures  notified,  referral  in  1993, 
Case  C-93/274 

Portugal 

Belgium 

-  92/2359, not properly  implemented, reasoned  opinion 
to  be sent  in  1996 
-  93/2218, not properly  implemented, reasoned  opinion 

to  be  sent  in  1996 

368 

86/0662 
Noise  emissions  from  hydraulic  excavators 
Member  States  which  have  notified  implementing  measures:  all 

87/0018 
Good  laboratory  practice 
Member  States  which  have  notified  implementing  measures:  all. 

87/0101 
Disposal  of  waste  oils 
Member  States  which  have  notified  implementing  measures:  all 

87/0112 
Transfrontier  shipment  of  hazardous  waste 
Member  States  which  have  notified  implementing  measures:  all 

87/0216 
Major-accident  hazards 
Member  States  which  have  notified  implementing  measures:  all 

87/0217 
Pollution  by  asbestos 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  D, 
EL,  E,  F,  FIN,  IRL,  I,  L,  NL,  P,  S,  UK 

Italy 
United  Kingdom 

-  90/0065,  no  measures  notified,  terminated  in  1995 

-  91/2163, not properly applied, reasoned  opinion 
in  1995 

Portugal 

-  91/2218,  not  properly  implemented,  reasoned  opinion 
to  be  sent  in  1996 

87/0219 
Sulphur  content  of  liquid  fuel 
Member  States  which  have  notified  implementing  measures:  all 

369 

87/0252 
Sound  power  level  of  lawnmowers 
Member  States  which  have notified  implementing  measures: all 

87/0405 
Sound  power  level  of tower  cranes 
Member  States  which  have notified  implementing  measures: all. 

87/0416 
Lead  content  of petrol 
Member  States  which  have  notified  implementing  measures: all 

87/0432 
Labelling  of dangerous  substances 
Member  States which  have notified  implementing  measures: all 

88/0180 
Sound  power  level  of  lawnmowers 
Member  States  which  have notified  implementing  measures: all 

88/0181 
Sound  power  level  of  lawnmowers 
Member  States  which have  notified  implementing  measures: all 

88/0302 
Labelling  of dangerous  substances 
Member  States  which  have  notified  implementing  measures: all 

88/0347 
Dangerous  substances  in the  sea 
Member  States  which  have notified  implementing  measures: all 

88/0490 
Labelling  of dangerous  substances 
Member  States  which  have  notified  implementing  measures: all 

370 

88/0609 
Emissions  from  large  combustion  plants 
Member  States  which  have  notified  implementing  measures: all 

Portugal 

-  91/2220, not properly  implemented, reasoned  opinion 
to  be  sent  in  1996 

88/0610 
Major-accident  hazards 
Member  States  which  have  notified  implementing  measures: all 

89/0369 
Incineration  of municipal  waste 
Member  States which  have notified  implementing  measures: A, B, DK, D, 
EL, E, F, FIN, IRL, L, NL, P,  S, UK 

Italy 

-  91/0417,  no  measures  notified,  referral  in  1995, 

Case  C-95/237 

Portugal  -  91/2173,  not properly  implemented,  reasoned  opinion  to 

be  sent  in  1996 

89/0370 
Seal-pup  skins 
Member  States  which  have  notified  implementing  measures:  all  except  A, 
FIN 

89/0427 
Sulphur  dioxide  in the  air 
Member  States  which  have  notified  implementing  measures: all  except  A, 
FIN 

Italy 

-'  91/0678, no  measures  notified,  terminated  in  1995 

89/0429 
Incineration  of  municipal  waste 
Member  States which  have notified  implementing  measures: A, B, DK, D, 
E, F, FIN,  IRL, L, NL, P,  S, UK 

371 

Italy  -  91/0418,  no  measures  notified,  referral  in  1995,  Case  C-

95/237 

89/0514 
Noise  emissions  from  hydraulic  excavators 
Member  States  which  have  notified  implementing  measures:  all 

89/0618 
Health  protection  -  radiological  emergency 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  D, 
EL,  E,  F,  IRL,  I,  N,  P,  S,  UK. 

Italy  -  92/0334,  no  measures  notified,  terminated  in  1995 
Portugal  -  92/0509,  no  measures  notified,  terminated  in  1995 
Luxembourg 

93/0611,  no  measures  notified,  referral  scheduled 
for  1995, Case  C-46/95 

- 

89/0629 
Noise  emissions  from  aeroplanes 
Member  States  which  have  notified  implementing  measures:  all 

Italy  -  91/0082,  no  measures  notified,  terminated  in  1995 

90/0219 
Genetically  modified  organisms 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  D, 
E,  F,  FIN,  I,  IRL,  NL,  P,  S,  UK 

Greece 

-  92/0264,  no  measures  notified,  referral  in  1994, 

Case  C-94/170, judgment  in  1995 

Spain 
Luxembourg 

-  92/0163,  no  measures  notified,  terminated  in  1995 

92/0395,  no  measures  notified,  referral  in  1995, 

- 
Case  C-95/312 
- 
91/2336,  not  properly 
opinion  to  be  sent  in  1995 

implemented, 

reasoned 

-  93/2120, not  properly  implemented,  reasoned  opinion 
to  be  sent  in  1996 
-  91/2179,  not  properly  implemented,  reasoned  opinion 
to  be  sent  in  1996 

372 

Germany 

Belgium 

Portugal 

90/0220 
Genetically  modified  organisms 
Member  States  which  have  notified  implementing  measures:  A,  B, DK,  D, 
E,  F,  FIN,  I,  IRL,  NL,  P,  S,  UK. 

Greece 

-  92/0263,  no  measures  notified,  referral  in  1994, 

Case  C-94/170, judgment  in  1995 

Spain 
Luxembourg 

-  92/0164,  no  measures  notified,  terminated  in  1995 

92/0396,  no  measures  notified,  referral  in  1995, 

- 
Case  C-95/312 

Portugal 

Germany 

Belgium 

-  93/2179,  not  properly  implemented,  reasoned  opinion 
to  be  sent  in  1996 

- 
91/2336,  not  properly 
opinion  to  be  sent  in  1996 

implemented, 

reasoned 

-  93/2120,  not  properly  implemented,  reasoned  opinion 
to  be  sent  in  1996 

90/0313 
Freedom  of  access  to  information  on  the  environment 
Member  States  which  have  notified  implementing  measures:  A,  B, DK,  D, 
E,  EL,  F,  FIN,  I,  IRL,  L,  NL,  P,  S,  UK 

Germany 
Greece 
Italy 
France 

- 
- 

93/0111, no measures notified,  terminated  in  1995 
93/0158, no measures notified,  terminated  in  1995 

-  93/0316,  no  measures  notified,  terminated  in  1995 

-  93/2058, not  properly  implemented,  reasoned  opinion 
to  be  sent  in  1996 

Germany 

- 
94/2196,  not  properly 
opinion  to  be  sent  in  1996 

implemented, 

reasoned 

90/0415 
Dangerous  substances  in  the  sea 
Member  States  which  have  notified  implementing  measures:  all 

Germany 
Greece 
Ireland 
Portugal 

-  92/0118,  no  measures  notified,  terminated  in  1995 
-  92/0260,  no  measures  notified,  terminated  in  1995 
-  92/0300,  no  measures  notified,  terminated  in  1995 
-  92/0498,  no  measures  notified,  terminated  in  1995 

373 

90/0517 
Labelling  of dangerous  substances 
Member States which have notified  implementing measures: A, DK, D, EL, 
E, F, FIN,  IRL, I, L, NL,  S, UK 

Belgium  -  92/0051, no measures notified,  reasoned  opinion  in  1994 
Portugal  -  92/0491, no measures notified,  reasoned  opinion  in  1994 

90/0641 
Radiation  protection  - outside  workers 
Member  States  which  have notified  implementing  measures: A, DK, D, F, 
FIN  IRL, I, L, N,  S, UK 

-  94/0130, no  measures  notified,  Art.  169 letter  in  1994 
-  94/0131, no measures notified,  reasoned  opinion  in  1995 

Belgium  -  94/0004, no measures notified,  reasoned  opinion  in  1995 
Greece 
Spain 
Italy  -  94/0231,  no measures  notified,  terminated  in  1995 
Luxembourg 
Portugal  -  94/0332, no  measures  notified,  Art.  169 letter  in  1994 

94/0264, no measures notified, terminated in 1995 

- 

90/0656 
Transitional  measures  - protection  of the  environment 
(addressed  to  Germany) 
Member  States  which  have notified  implementing  measures: D 

90/0660 
Transitional  measures  - protection  of the  environment 
(addressed  to  Germany) 
Member  States  which  have notified  implementing  measures: D 

91/0156 
Waste 
Member  States which have notified  implementing  measures: A, B, D, DK, 
FIN, I, L, NL,  P,  S, UK 

Germany 
Greece 

- 

93/0668, no measures notified, terminated in 1995 
-  93/0719, no measures notified,  referral  in  1995, Case 

C-95/160 

Spain 

-  93/0720, no measures  notified,  referral  scheduled  for 

1996 

374 

France 

-  93/0737,  no  measures  notified,  reasoned  opinion  in 

1995 

Ireland 

-  93/0762,  no  measures  notified,  reasoned  opinion  in 

1994 

-  93/0785, no  measures  notified,  terminated  in  1995 

93/0811, no measures notified, terminated in 1995 
-  93/0872,  no  measures  notified,  terminated  in 

1995 

Italy 
Luxembourg 
- 
United Kingdom 

91/0157 
Batteries  containing  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  A,  DK,  EL, 
FIN, IRL, L, NL,  P,  S, UK 

Belgium  -  92/1005,  no  measures  notified,  reasoned  opinion  to  be 

sent  in  1996 

Germany 

-  92/1006,  no  measures  notified,  reasoned  opinion  in 
1994 

Greece 
Spain 

-  92/1007, no  measures  notified,  terminated  in  1995 

-  92/1008, no  measures  notified,  referral  scheduled  for 
1996 

France 
Italy 

-  92/1009, no measures notified, referral scheduled for 1996 
-  92/1011,  no  measures  notified,  referral  in  1995,  Case 

Portugal 
United Kingdom 

C-95/303 
-  92/1013, no  measures notified,  terminated  in  1995 

-  92/1014,  no  measures  notified,  terminated  in 
1995 

Belgium 

-  94/2271, not properly applied, reasoned opinion to be 
sent  in  1996 

91/0244 
Conservation  of wild  birds 
Member  States which have notified  implementing measures: A, DK, D, EL, 
E, F, FIN,  IRL, I, L, NL, P,  S, UK 

Denmark 
Greece 

Luxembourg 
Netheriands 

- 

93/0063, no measures notified, terminated in 1995 
-  93/0901,  no  measures  notified,  reasoned  opinion  in 
1995 
- 

93/0352, no measures notified, terminated in 1995 
-  93/0393,  no  measures  notified,  terminated  in 
1995 

375 

Belgium 

-  93/2123,  not properly  implemented,  reasoned  opinion 
to  be  sent  in  1996 

91/0271 
Urban  waste-water  treatment 
Member  States  which  have  notified  implementing  measures:A, DK,  F,  FIN, 
IRL,  L,  S 

Germany 

-  93/0669,  no  measures  notified,  referral  in  1995,  Case 
C-95/297 

Greece 

-  93/0718,  no  measures  notified,  referral  in  1995,  Case 

Spain 

C-95/161 
-  93/0721,  no  measures  notified,  referral  scheduled  for 
1996 

Ireland 
Italy 

-  93/0763,  no  measures  notified,  terminated  in  1995 
-  93/0786,  no  measures  notified,  referral  in  1995,  Case 

C-95/302 

United  Kingdom 

-  93/0873, no measures notified,  reasoned  opinion 
in  1994 

91/0325 
Labelling  of  dangerous  substances 
(double  deadline  for  transposai:  08.06.91  and  01.07.92) 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  D, 
EL,  E,  F,  FIN,  IRL,  I,  L,  NL,  P,  S,  UK 

Belgium 
Belgium 
Portugal 
Portugal 
United  Kingdom 

-  92/0061,  no  measures  notified,  terminated  in  1995 
-  92/0663, no  measures  notified,  terminated  in  1995 
-  92/0480,  no  measures  notified,  terminated  in  1995 
-  92/0905,  no  measures  notified,  terminated  in  1995 

-  92/0928,  no  measures  notified,  terminated  in 
1995 

91/0326 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  D, 
EL,  E,  F,  FIN,  IRL,  L,  NL,  P,  S,  UK 

Belgium  -  92/0664,  no  measures  notified,  terminated  in  1995 
Italy 
Portugal  -  92/0904,  no  measures  notified,  terminated  in  1995 

-  92/0830,  no  measures  notified,  reasoned  opinion  in  1995 

376 

91/0410 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures: A, DK,  D,  EL, 
E,  FIN,  IRL,  L,  S 

Belgium  -  92/0666,  no  measures  notified,  reasoned  opinion  to  be 

sent  in  1996 
-  92/0832,  no  measures  notified,  reasoned  opinion  in  1994 
Italy 
Portugal  -  92/0902, no measures notified,  referral  scheduled for  1996 
-  92/0930, no measures notified,  reasoned  opinion 
United  Kingdom 
in  1994 

91/0632 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  all 

Belgium 
Italy 
Netheriands 

-  93/0624,  no  measures  notified,terminated  in  1995 
-  93/0788,  no  measures  notified,  terminated  in  1995 

-  93/0832,  no  measures  notified,  terminated  in 
1995 

Portugal 
United  Kingdom 

-  93/0848,  no  measures  notified,  terminated  in  1995 

-  93/0875,  no  measures  notified,  terminated  in 
1995 

91/0676 
Pollution  of  water  by  nitrates  of  agricultural  origin 
Member  States which  have notified  implementing  measures: A, DK, F, FIN, 
L,  S 

Belgium  -  94/2239,  not  properly  implemented,  reasoned  opinion  to 

be  sent  in  1996 

Spain 

-  94/2240, not properly  implemented,  reasoned  opinion 
to  be  sent  in  1996 

Netheriands 

-  94/2242,  not  properly  implemented,  reasoned 
opinion  to  be  sent  in  1996 

Italy 

Greece 

-  94/2245,  not  properly  implemented,  reasoned  opinion  to 
be  sent  in  1996 
-  94/2247,  not  properly  implemented,  reasoned  opinion  to 
be  sent  in  1996 

377 

91/0689 
Hazardous  waste 
Member  States which have notified  implementing  measures: A, D, FIN, NL, 
S 

United  Kingdom 

-  95/0629, no measures notified,  Art.  169 letter in 
1995 

Portugal 
Luxembourg 

-  95/0601, no measures  notified,  Art.  169 letter  in  1995 
95/0565,  no  measures  notified,  Art.  169  letter  in 

- 
1995 

Italy 
Ireland 
France 
Spain 
Greece 
Denmark 
Belgium 

-  95/0539,  no  measures  notified,  Art.  169  letter  in  1995 

-  95/0521, no measures  notified,  Art.  169 letter  in  1995 
-  95/0498, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0474, no measures  notified,  Art.  169 letter  in  1995 
-  95/0448, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0419, no measures  notified,  Art.  169 letter  in  1995 
-  95/0391, no  measures  notified,  Art.  169 letter  in  1995 

92/0003 
Shipments  of  radioactive  waste 
Member  States which have notified  implementing  measures: A, DK, E, FIN, 
IRL,  I,  L,  NL,  S,  UK 

-  94/0413, no measures  notified,  Art.  169 letter  in  1994 

Belgium  -  94/0400,  no  measures  notified,  Art.  169  letter  in  1994 
Germany 
Greece 
Spain 
Italy  -  94/0464,  no  measures  notified,  terminated  in  1995 
Portugal  -  94/0487,  no  measures  notified,  Art.  169  letter  in  1994 

-  94/0428,  no  measures  notified,  Art.  169  letter  in  1994 
-  94/0434,  no  measures  notified,  terminated  in  1995 

92/0014 
Operation  of  aeroplanes 
Member  States  which  have  notified  implementing  measures:  A,  B,  D,  DK, 
EL,  E,  F,  FIN,  I,  IRL,  L,  NL,  P,  S,  UK 

Germany 
Italy 

-  92/0709,  no  measures  notified,  terminated  in  1995 

-  92/0837,  no  measures  notified,  terminated  in  1995 

92/0032 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  A,  DK,  D,  E, 
EL,  F,  FIN,  IRL,  L,  NL,  S,  UK 

378 

-  93/1028, no measures  notified,  terminated  in  1995 

-  93/0998, no measures  notified,  terminated  in  1995 

Belgium  -  93/0970, no measures notified,  reasoned  opinion  in  1995 
Greece 
Spain 
France 
Italy 

-  93/1011,  no measures  notified,  terminated  in  1995 
-  93/1044,  no  measures  notified,  reasoned  opinion  to  be 
sent  in  1996 
- 

93/1064, no measures notified, terminated in 1995 
-  93/1056,  no  measures  notified,  terminated  in 
1995 

Luxembourg 
„  Netheriands 

Portugal 

-  93/1075, no measures  notified,  referral  scheduled  for 
1996 
United Kingdom 

-  93/1086,  no  measures  notified,  terminated  in 
1995 

92/0037 
Labelling  of dangerous  substances 
Member  States which  have notified  implementing  measures: all 

-  94/0137, no  measures  notified,  terminated  in  1995 

Belgium  r  94/0009, no  measures  notified,  terminated  in  1995 
Spain 
Italy 
Portugal 
United Kingdom 

-  94/0235, no  measures  notified,  terminated  in  1995 

-  94/0335, no measures  notified,  terminated  in  1995 

-  94/0368,  no  measures  notified,  terminated  in 
1995 

92/0043 
Conservation  of natural  habitats  and wild  fauna  and flora 
Member States which have notified  implementing measures: A, B, DK, FIN, 
IRL, L, NL,  S, UK 

Germany 

-  94/0645, no measures notified,  reasoned opinion to be 
sent  in  1996 

-  94/703, no  measures  notified,  reasoned  opinion  in  1995 
-  94/0659, no measures notified,  Art.  169 letter in  1994 

Greece 
Spain 
France 
Italy 
Portugal  -  94/0748, no measures notified,  reasoned  opinion  in  1995 
-  94/0766,  no  measures  notified,  terminated  in 
United Kingdom 
1995 

-  94/0673, no measures  notified,  Art.  169 letter  in  1994 
-  94/0718, no  measures  notified,  Art.  169 letter  in  1994 

92/0069 
Labelling  of dangerous  substances 

379 

Member  States  which  have  notified  implementing  measures:  A,  DK,  D,  E, 
EL,  F,  FIN,  IRL,  L,  NL,  S,  UK 

Belgium  -  93/0973, no  measures  notified,  reasoned  opinion  in  1995 
Greece 
Spain 
Italy 

-  93/1000,  no  measures  notified,  terminated  in  1995 
-  93/1047, no measures notified,  reasoned opinion to be sent 

-  93/1025,  no  measures  notified,  terminated  in  1995 

in  1996 

Portugal  -  93/1077, no measures notified,  referral  scheduled for  1996 

92/0072 
Air  pollution  by  ozone 
Member  States  which  have  notified  implementing  measures:  A,  B,  DK,  E, 
D,  FIN,  IRL,  L,  S,  UK 

Belgium  -  94/0517,  no  measures  notified,  terminated  in  1995 
Greece 
Spain 
France 
Italy 
Netheriands 

-  94/0547, no  measures  notified,  reasoned  opinion  in  1995 
-  94/0549,  no  measures  notified,  terminated  in  1995 
-  94/0555, no  measures  notified,  reasoned  opinion  in  1995 
-  94/0568, no  measures  notified,  reasoned  opinion  in  1995 
-  94/0583, no measures notified  (to be  terminated 
in  1996) 

Portugal 

-  94/0590,  no  measures  notified,  reasoned  opinion  in 
1995 
United  Kingdom 

-  94/0599,  no  measures  notified,  terminated  in 
1995 

92/0112 
Pollution  -  titanium  dioxide. 
Member  States  which  have  notified  implementing  measures:  A,  DK,  D,  E, 
EL,  F,  FIN,  I,  IRL,  L,  NL,  P,  S,  UK 

Belgium 

-  93/0638,  no  measures  notified,  referral  scheduled  for 

1996 

Greece 
Ireland 
Italy 
Portugal 
United  Kingdom 

-  93/0698,  no  measures  notified,  terminated  in  1995 
-  93/0781,  no  measures  notified,  terminated  in  1995 
-  93/0801,  no  measures  notified,  terminated  in  1995 
-  93/0865,  no  measures  notified,  terminated  in  1995 

-  93/0888,  no  measures  notified,  terminated  in 
1995 

380 

93/0012 
Sulphur  content  of  liquid  fuels 
Member  States  which  have notified  implementing  measures: A, D, DK,  EL, 
F,  FIN,  IRL,  L,  NL,  P,  S,  UK, 

Belgium  -  94/0519, no measures  notified,  suppl. Art.  169 letter to  be 

sent  in  1996 

Germany 
Spain 

-  94/0534,  no  measures  notified,  terminated  in  1995 
-  94/0552, no measures notified,  suppl. Art.  169 letter to 
be  sent  in  1996 

France 
Italy 

-  94/0558,  no  measures  notified,  terminated  in  1995 
-  94/0571, no measures  notified,  suppl. Art.  169 letter to  be 
sent  in  1996 

Portugal  -  94/0593, no  measures  notified,  terminated  in  1995 

93/0021 
Labelling  of  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  A,  DK,  D,  E, 
EL,  F,  FIN,  IRL,  L,  NL,  S,  UK 

Belgium  -  94/0782,  no  measures  notified,  reasoned  opinion  to  be 

sent  in  1996 
-  94/0989,  no  measures  notified,  terminated  in  1995 

-  94/0826,  no  measures  notified,  terminated  in  1996 
-  94/0876,  no  measures  notified,  Art.  169  letter  in  1995 

Greece 
Spain 
Italy 
Luxembourg 
Portugal  -  94/0933,  no  measures  notified,  Art.  169  letter  in  1995 
United  Kingdom 

94/0900, no measures notified,  terminated  in  1995 

-  94/0956,  no  measures  notified,  terminated  in 
1995 

- 

93/0067 
Principles  for  assessment  of  risks 
Member  States  which  have  notified  implementing  measures:  A,  DK,  D,  E, 
F,  FIN,  IRL,  L,  NL,  S 

-  93/0996,  no  measures  notified,  terminated  in  1995 
-  93/1020,  no  measures  notified,  reasoned  opinion  in  1995 
-  93/1005,  no  measures  notified,  terminated  in  1995 

Belgium  -  93/0978, no  measures  notified,  reasoned  opinion  in  1995 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 

-  93/1019,  no  measures  notified,  terminated  in  1995 
-  93/1041,  no  measures  notified,  terminated  in  1995 
-  93/1054,  no  measures  notified,  referral  in  1995,  Case 

C-95/238 

381 

Luxembourg 
Netheriands 

- 

93/1072, no measures notified, terminated in 1995 
-  93/1062,  no  measures  notified,  terminated  in 
1995 

Portugal  -  93/1084, no  measures  notified,  reasoned  opinion  in 1995 
-  93/1095, no measures notified, reasoned opinion 
United Kingdom 
in  1994 

93/0072 
Labelling  of dangerous  substances 
Member  States  which have  notified  implementing  measures: A, DK, D, E, 
EL, F, FIN, IRL, L, NL,  S, UK 

-  94/0978, no  measures  notified,  terminated  in  1995 

Belgium  -  94/0791,  no  measures  notified,  Art.  169 letter  in  1995 
Greece 
Spain 
Italy 
Luxembourg 
Portugal  -  94/0943, no  measures  notified,  Art.  169 letter  in  1995 
United Kingdom 

-  94/0831,  no measures  notified,  terminated  in  1995 
-  94/0885, no  measures  notified,  Art.  169 letter  in  1995 

94/0907, no measures notified, terminated in 1995 

-  94/0965,  no  measures  notified,  terminated  in 
1995 

- 

93/0086 
Batteries  and  accumulators  containing  certain  dangerous  substances 
Member  States  which  have  notified  implementing  measures:  A,  DK,  EL, 
FIN, IRL, L, NL, P,  S, UK 

Belgium  -  94/0032, no measures notified,  reasoned  opinion  in  1995 
-  94/0094,  no  measures  notified,  reasoned  opinion  in 
Germany 
1995 

Greece 
Spain 

-  94/0100, no  measures  notified,  terminated  in  1995 

-  94/0162,  no  measures  notified,  reasoned  opinion  in 
1995 

France 
Italy 
Portugal 
United Kingdom 

-  94/0193, no measures notified, referral scheduled for 1996 
-  94/0261, no measures notified,  reasoned  opinion  in  1995 
-  94/0360, no  measures  notified,  terminated  in  1995 

-  .94/0392,  no  measures  notified,  terminated  in 
1995 

93/0090 
Labelling  of dangerous  substances 
Member  States which  have notified  implementing  measures: A, D, DK,  E, 
EL, F, FIN, IRL, NL, S 

382 

Belgium  -  94/0033, no  measures  notified,  Art.  169 letter  in  1994 
-  94/0095, no  measures  notified,  terminated  in  1995 
Germany 
Greece 
Spain 
Italy 
Luxembourg 

-  94/0163, no measures notified,  terminated  in  1995 
-  94/0262, no measures notified,  reasoned  opinion  in  1994 
94/0296,  no  measures  notified,  Art.  169  letter  in 

-  94/0099, no  measures notified,  terminated  in  1995 

- 
1994 

Portugal 
United Kingdom 

-  94/0361, no measures notified,  Art.  169 letter in  1994 
-  94/0393, no measures notified, reasoned opinion 
in  1994 

93/0101 
Labelling  of dangerous  substances 
Member  States  which  have  notified  implementing  measures: A, D, DK, F, 
FIN,  IRL, NL,  S, UK 

Belgium  -  95/0230, no  measures  notified,  Art.  169 letter  in  1995 
Luxembourg 

95/0337,  no  measures  notified,  Art.  169 letter  in 

- 
1995 

-  95/0319,  no  measures  notified,  Art.  169 letter  in  1995 
-  95/0268, no  measures notified,  Art.  169 letter  in  1995 

Italy 
Greece 
Spain 
Portugal  -  95/0361,  no  measures  notified,  Art.  169 letter  in  1995 

-  95/0286, no measures notified,  Art.  169 letter in  1995 

93/0105 
Information  required  for  technical  dossiers 
Member  States which  have  notified  implementing  measures: A, D, DK,  E, 
EL,  F, FIN, IRL, L, NL, S 

Belgium 

Germany 
Greece 
Spain 
Italy 
Portugal 

-  94/0035,  no  measures  notified,  reasoned  opinion  in 
1995 
- 

94/0097, no measures notified, terminated in 1995 

-  94/0098, no  measures  notified,  terminated  in  1995 
-  94/0164, no  measures  notified,  terminated  in  1995 
-  94/0263, no measures notified,  reasoned  opinion  in  1995 
-  94/0362,  no  measures  notified,  reasoned  opinion  in 
1995 
United Kingdom 

-  94/0395, no measures notified, reasoned opinion 
in  1994 

94/0015 

383 

Genetically  modified  organisms 
Member States which have notified  implementing measures: A, DK, F, FIN, 
I, IRL, NL,  P, S 

Belgium  -  94/0634,  no  measures  notified,  reasoned  opinion  to  be 

sent  in  1996 

Germany 
Spain 

-  94/0658, no measures notified,  Art.  169 letter in  1994 
-  94/0672,  no  measures  notified,  reasoned  opinion  in 
1995 

France 
Greece 
Ireland 
Italy 
Luxembourg 

-  94/0686, no  measures  notified,terminated  in  1995 
-  94/0687, no measures notified,  reasoned  opinion  in  1995 
-  94/0717, no measures  notified,  terminated  in  1995 
-  94/0731,  no measures  notified,  terminated  in  1995 

94/0742, no measures notified, reasoned opinion to 

- 
be  sent  in  1996 

-  94/0764, no  measures  notified,  terminated  in  1995 

Portugal 
United Kingdom 

-  94/0775, no measures notified, Art.  169 letter in 

1994 

94/0024 
Conservation  of wild  birds 
Addressee:  Italy 
Member  States  which  have notified  implementing  measures: I 

94/0051 
Genetically  modified  organisms 
Member  States  which  have notified  implementing  measures: A, D, DK, F, 
FIN, I, NL, S 

Luxembourg 

-  95/0344, no measures notified, Art.  169 letter in 
1995 

Ireland 
Belgium 
Greece 
Spain 

-  95/0312, no measures notified,  Art.  169 letter in  1995 
-  95/0239, no measures notified,  Art.  169 letter in 1995 
-  95/0277, no measures notified,  Art.  169 letter in  1995 
95/0290,  no  measures  notified,  Art.  169  letter  in 

- 
1995  . 

Portugal 
United  Kingdom 

-  95/0371, no measures notified,  Art.  169 letter in  1995 
-  95/0385, no measures notified, Art.  169 letter in 
1995 

94/0063 

384 

Volatile  organic  compound  emissions 
Member States which have notified implementing measures: A, DK, F, I, NL 

94/0066 
Emission  of pollutants  into the  air 
Member  States which  have  notified  implementing  measures: A, D, DK, F, 
FIN, L, NL,  S, UK 

Portugal 
Italy 
Ireland 
Spain 

-  95/0620, no measures notified,  Art.  169 letter in 1995 
-  95/0555, no measures notified,  Art.  169 letter in 1995 
-  95/0532, no measures notified,  Art.  169 letter in  1995 
95/0491,  no  measures  notified,  Art.  169 letter  in 

- 
1995 

Greece 
Belgium 

-  95/0465, no measures notified,  Art.  169 letter in  1995 
-  950409, no measures notified,  Art.  169 letter  in  1995 

95/0027 
Excavators,  dozers  and  excavator-loaders 
Member States which have notified  implementing measures: I, FIN, NL,UK 

385 

7.  TRANSPORT 

62/2005 
Carriage  of goods  by  road 
Member  States  which  have notified  implementing  measures: all 

74/0561 
Carriage  of goods by road 
Member  States  which have notified  implementing  measures: all 

74/0562 
Admission  to the  occupation  of road passenger  transport  operator 
Member  States which  have notified  implementing  measures: all 

76/0135 
Inland  waterway  vessels 
Member  States which have notified  implementing measures: all except FIN 
and S 

76/0914 
Training  for  road transport  drivers 
Member  States which have notified  implementing measures: all except FIN 

77/0143 
Roadworthiness  tests  for  motor  vehicles 
Member  States  which  have  notified  implementing  measures: all 

77/0796 
Mutual  recognition  of qualifications  - goods haulage  operators 
Member  States  which  have notified  implementing  measures: all 

78/1016 
Inland  waterway  vessels 
Member  States  which have  notified  implementing  measures: all 

386 

79/0115 
Pilotage  of  vessels 
Member  States  which  have notified  implementing  measures: all  except  A 

80/1263 
Community  driving  licence 
Member  States which  have notified  implementing  measures: all 

80/1266 
Mutual  assistance  - aircraft  accidents 
Member  States which  have  notified  implementing  measures: all 

82/0714 
Inland  waterway  vessels 
Member  States which have notified  implementing measures: all except FIN 
and S 

84/0647 
Vehicles  hired  without  drivers 
Member  States  which have  notified  implementing  measures: all  except A 

85/0003 
Weights  and  dimensions  of motor  vehicles 
Member  States  which have  notified  implementing  measures: all 

86/0360 
Weights  and  dimensions  of motor  vehicles 
Member  States  which have  notified  implementing  measures: all 

86/0364 
Weights  and  dimensions  of motor  vehicles 
Member  States which  have  notified  implementing  measures: all 

387 

87/0540 
Admission  to the  occupation  of carrier  of goods by  waterway 
Member States which have notified  implementing measures: A, D, EL, E, F, 
IRL, I, L, NL, P, UK 

Belgium  -  89/0364,  no  measures  notified,  referral  in  1990  -  Case 

C-90/377, 
Art.  171 letter  in  1993, reasoned  opinion  (171) to be sent 
in  1996 
-  93/2202, not properly  implemented,  Art.  169 letter in 

Germany 

1994, 
reasoned  opinion  in  1995 

88/0218 
Weights  and  dimensions  of motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

88/0449 
Roadworthiness  tests  for  motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

88/0599 
Road  transport  -  Social  provisions  - recording  equipment 
Member  States which have notified  implementing  measures: A, B, DK, D, 
EL, E,  F, IRL, L, NL, P,  S, UK 

Italy  - 

90/0061,  no  measures  notified,  referral  in  1993  -  Case 
C-93/289,  Art.  171 letter  in  1995 

Belgium  -  90/0052,  no  measures  notified,  referral  in  1993  -  Case 

C-93/336,  Art.  171 letter  in  1994, terminated  in  1995. 

89/0338 
Weights  and  dimensions  of motor  vehicles 
Member  States  which  have notified  implementing  measures: all 

89/0438 
Admission  to  the  occupation  of road  haulage  operator 
Member  States  which  have  notified  implementing  measures: all 

388 

Luxembourg 

- 

92/2199, not properly implemented, Art. 169 letter 
in  1993, reasoned  opinion  in  1995 

89/0459 
Tyres  of  motor  vehicles 
Member  States which  have  notified  implementing  measures: all. 

89/0461 
Weights  and  dimensions  of motor  vehicles 
Member  States  which  have notified  implementing  measures: all. 

89/0684 
Training  for  drivers  of vehicles  carrying  dangerous  goods 
Member  States  which  have  notified  implementing  measures: all 

Greece 

-  94/043,  no  measures  notified,  Art.  169  letter  in  1994, 

terminated  in  1995 

90/0398 
Vehicles  hired  without  drivers 
Member  States  which  have notified  implementing  measures:  all  except  A 

Portugal  -  91/0524, no measures notified,  reasoned opinion in 1993, 

terminated  in  1995 

91/0060 
Weights  and  dimensions  of motor  vehicles 
Member  States  which  have  notified  implementing  measures: all. 

91/0328 
Roadworthiness  tests  for  motor  vehicles  and their  trailers 
Member  States  which  have notified  implementing  measures: A, B, DK, D, 
EL, E, FIN,  F? I, L, NL, P,  S, UK 

Ireland 

-  93/0764, no  measures  notified,  Art.  169 letter  in  1993 

91/0440 

389 

Development  of railways 
Member  States which have notified  implementing  measures: A, B, DK, D, 
E, FIN, F,  IRL, I, L, NL, P, S,  UK 

Belgium  - 

94/0399, no measures notified, Art.  169 letter in 1994, 
terminated  in  1995 

Denmark 

-  94/0407, no measures notified, Art.  169 letter in 1994, 

Greece 

Spain 

France 

Italy 

- 

- 

- 

- 

Luxembourg 

terminated  in  1995 
94/0429, no measures notified, Art.  169 letter in 1994, 
reasoned  opinion  in  1995 
94/0433, no measures notified, Art.  169 letter in 1994, 
terminated  in  1995 
94/0443, no measures notified, Art. 169 letter in 1994, 
terminated  in  1995 
94/0463, no measures notified, Art.  169 letter in 1994, 
terminated  in  1995 
-  94/047,  no  measures  notified,  Art.  169  letter  in 

1994, terminated  in  1995 

Portugal  -  94/0486, no measures  notified,  Art.  169 letter  in  1994, 

terminated  in  1995 

91/0670 
Mutual  acceptance  of personnel  licences  in civil  aviation 
Member  States which have notified  implementing measures: all 

France 

-  93/4916  and  93/4959,  not  properly  applied,  reasoned 

opinion  in  1995. 

United Kingdom 

-  92/0644, no measures notified, Art.  169 letter in 

1992, terminated  in  1995. 

91/0671 
Use  of  safety  belts 
Member States which have notified  implementing measures: A, DK, D, EL, 
E, FIN, F, IRL, I, L, NL, P,  S, UK 

Belgium  -  93/0018, no measures notified, reasoned opinion in  1995. 

390 

91/0672 
Boatmasters'  certificates  for  inland  waterways 
Member  States  which  have notified  implementing  measures: all 

Germany 

-  93/0089, no measures notified, Art. 169 letter in  1993, 

terminated  in  1995. 

92/0006 
Speed  limitation  devices  for  certain  categories  of motor  vehicles 
Member  States which have notified  implementing  measures: A, B, DK, D, 
EL, E, FIN, F, IRL, I, L, NL,  S, UK 

Italy  - 

93/1043, no measures notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Portugal  -  93/1074, no  measures notified,  Art.  169 letter  in  1993, 

reasoned  opinion  in  1995 

92/0007 
Weights  and  dimensions  of motor  vehicles 
Member  States  which have notified  implementing  measures: all 

92/0054 
Roadworthiness  tests  for  motor  vehicles  and their trailers  (brakes) 
Member  States which have notified  implementing  measures: A, B, DK, D, 
EL, E, FIN, F, IRL, L, NL, P,  S, UK 

Italy  -  93/0793, no  measures notified,  Art.  169 letter  in  1993 
Greece 

-  93/0710, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Ireland 

-  93/0771, no  measures notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

92/0055 
Roadworthiness tests for motor vehicles and their trailers (exhaust emissions) 
Member  States  which have notified  implementing  measures: all 

Greece 

-  93/0709, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

France 

-  93/0745, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

391 

Ireland 

-  93/0772, no  measures  notified,  Art.  169 letter  in  1993, 

Luxembourg 

terminated  in  1995 
- 

United Kingdom 

93/0819,  no  measures  notified,  Art.  169 letter  in 
1993, terminated  in  1995 
-  93/0880, no measures notified^ Art. 169 letter in 

1993, terminated  in  1995 

92/106 
Combined  transport 
Member  States  which  have  notified  implementing  measures: A, DK, D, E, 
FIN, F, IRL, I, L, NL, P,  S, UK 

Belgium  -  93/0636, no measures  notified,  Art.  169 letter  in  1993 
-  93/0754, no measures notified,  Art.  169 letter  in  1993, 
France 

terminated  in  1995 

Greece 
Italy 

-  93/0701, no  measures notified,  Art.  169 letter  in  1993 
-  93/0799  - no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

Portugal  -  93/0863, no  measures  notified,  Art.  169 letter  in  1993, 

terminated  in  1995 

93/0065 
Air-traffic  management  systems  Member  States  which  have  notified 
implementing  measures: DK, D, FIN, IRL, L, NL,  S, UK 

Belgium  -  95/0394, no measures  notified,  Art.  169 letter  in  1995 
Greece 
-  94/0982, no  measures  notified,  Art.  169 letter  in  1995 
Spain 
-  94/0843, no measures  notified,  Art.  169 letter  in  1995 
France 
Italy 
-  95/0542, no  measures  notified,  Art.  169 letter  in  1995 
Portugal  -  94/0940, no  measures  notified,  Art.  169 letter  in  1995 

-  95/0477, no measures notified,  Art.  169 letter in  1995 

93/0075 
Shipment  of  dangerous  or polluting  goods  - minimum  standards 
Member States which have notified  implementing measures: A, D, EL, FIN, 
S 

Belgium  -  94/0793, no  measures  notified,  Art.  169 letter  in  1995 
Denmark 

-  94/0804, no measures notified, Art.  169 letter in 1995, 

reasoned  opinion  in  1995 

392 

Spain 

-  94/0833, no measures notified, Art.  169 letter in 1995, 

reasoned  opinion  in  1995 

France 
Ireland 
Italy  - 

-  94/0847, no measures  notified,  Art.  169 letter  in  1995 
-  94/0863, no measures  notified,  Art.  169 letter  in  1995 
94/0887, no  measures  notified,  Art.  169 letter  in  1995, 

Netheriands 

reasoned  opinion  in  1995 
- 

94/0921,  no  measures  notified,  Art.  169  letter  in 
1995 

Portugal  -  95/0360, no measures  notified,  Art.  169 letter  in  1995 
United Kingdom 

-  94/0966, no measures notified, Art.  169 letter in 

1995, 
reasoned  opinion  in  1995 

93/0089 
Taxes  on  certain  vehicles  used  for  the  carriage  of  goods  by road 
Member States which have notified  implementing measures: A, D, DK, FIN, 
NL, UK 

-  95/0082, no measures notified,  Art.  169 letter in  1995 

Belgium  -  95/0024, no measures  notified,  Art.  169 letter  in  1995 
-  95/0066, no measures  notified,  Art.  169 letter  in  1995 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 

-  95/0103, no  measures  notified,  Art.  169 letter  in  1995 
-  95/0115, no measures  notified,  Art.  169 letter  in  1995 
-  95/0133, no measures  notified,  Art.  169 letter  in  1995 

95/0148, no  measures  notified,  Art.  169  letter  in 
1995 

- 

Portugal  -  95/0178, no measures  notified,  Art.  169 letter  in  1995 

94/0021 
Summertime 
Member  States  which  have notified  implementing  measures: A,  B, D, EL, 
E, FIN, F, IRL, L,  S. 

Belgium  -  95/0028, no  measures  notified,  Art.  169 letter  in  1995, 

Denmark 
Ireland 

terminated  in  1995 

-  95/0036, no measures notified,  Art.  169 letter in  1995 

-  95/012, no  measures  notified,  Art.  169 letter  in  1995, 

terminated  in  1995 

Italy  - 
Netheriands 

95/0138, no  measures  notified,  Art.  169 letter  in  1995 

- 

95/0161,  no  measures  notified,  Art.  169  letter  in 
1995 

Portugal  -  95/0185, no  measures  notified,  Art.  169 letter  in  1995 

393 

United Kingdom 

-  95/0207, no measures notified, Art. 169 letter in 

1995 

8. ENERGY 

68/0414 
Crude-oil  stocks 
Member  States which  have notified  implementing  measures: all 

72/0425 
Crude-oil  stocks 
Member  States which  have notified  implementing  measures: all 

73/0238 
Oil  supply  difficulties 
Member  States which  have notified  implementing  measures: all 

75/0339 
Fossil  fuel  stocks 
Member  States which have notified  implementing measures: all except FIN 

75/0405 
Use  of petroleum  products  in power  stations 
Member  States  which  have notified  implementing  measures: all 

76/0491 
Information  on  oil  prices 
Member  States which  have notified  implementing  measures: all 

78/0170 
Heat  generators 
Member  States  which  have notified  implementing  measures: all 

F 
* 

394 

82/0885 
Heat  generators 
Member  States which  have notified  implementing  measures: all 

85/0536 
Crude-oil  savings 
Member  States which  have notified  implementing  measures: all 

87/0441 
Crude-oil  savings 
Member  States which have notified  implementing measures: all except FIN 

90/0377 
Transparency  of  gas and  electricity  prices 
Member  States which  have notified  implementing  measures: all  except  E 

Spain 

-  92/0165, no measures notified,  reasoned opinion  in  1994 

90/0547 
Transit  of  electricity  through transmission  grids 
Member  States which  have notified  implementing  measures: all 

90/0653 
Gas and  electricity  prices 
(addressed  to  Germany) 
Member  States which have notified  implementing  measures: D 

91/0296 
Transit  of natural  gas through  grids 
Member  States which have notified  implementing measures: all except FIN 
andP 

Germany 
Spain 

-  92/0133, no measures  notified,  terminated  in  1995 
-  92/0181,  no  measures  notified,  (to  be  terminated  in 

1996) 

France 
Portugal  -  92/0481, no measures notified,  reasoned  opinion  in  1994 

-  92/0221, no  measures  notified,  terminated  in  1995 

395 

92/0042 

Efficiency  requirements  for  hot-water  boilers 
Member  States which have notified  implementing measures: DK, D, EL, E, 
FIN, F, IRL, NL,  S, UK. 

Belgium 

-  93/0971,  no  measures  notified,  reasoned  opinion  in 

1995. 

Luxembourg 

-  93/1065, no measures notified, reasoned opinion 

in  1995. 

Portugal  -  93/1076, no measures notified, reasoned opinion in 1995. 
-  93/1045,  no  measures  notified,  reasoned  opinion  in 
Italy 

1995. 

92/0075 
Information  on the consumption  of energy by household  appliances 
Member  States  which  have notified  implementing  measures: all 

Belgium 
Germany 
Ireland 
Italy 
Luxembourg 

-  93/0629, no  measures notified,  terminated  in  1995. 
-  93/0677, no  measures notified,  terminated  in  1995. 
-  93/0773, no measures notified,  terminated  in  1995. 
-  93/0795, no measures  notified,  terminated  in  1995. 

-  93/0820,  no  measures  notified,  terminated  in 

1995. 

93/0076 
Carbon  dioxide  emissions 
Member  States  which  have notified  implementing  measures: F, IRL, NL. 

-  no measures  notified,  Art.  169 letter  in  1995. 

-  no measures  notified,  Art.  169 letter  in  1995. 
-  no measures  notified,  Art.  169 letter  in  1995. 

Germany 
Belgium  -  no measures  notified,  Art.  169 letter  in  1995. 
Denmark 
Spain 
Greece 
Italy 
Luxembourg 
Portugal  -  no measures  notified,  Art.  169 letter  in  1995. 

-  no measures  notified,  Art.  169 letter  in  1995. 
-  no  measures  notified,  Art.  169 letter  in  1995. 

no  measures  notified,  Art.  169 letter  in  1995. 

- 

396 

94/0002 
Energy  labelling  of refrigerators,  freezers  and their  combinations 
Member  States which have notified  implementing measures: A, DK, EL, E, 
FIN, F, IRL, NL,  P,  S, UK. 

Belgium  -  no measures  notified,  Art.  169 letter  in  1995. 
Germany 
Italy 
Luxembourg 

-  no measures  notified,  Art.  169 letter  in  1995. 

-  no measures notified,  Art.  169 letter  in  1995. 

no  measures  notified,  Art.  169 letter  in  1995. 

- 

94/0022 
Authorizations 
hydrocarbons 
Member States which have notified  implementing measures: A, DK, D, EL, 
F, P, UK  (Luxembourg  not required  to transpose). 

the  prospection,  exploration  and  production  of 

for 

Belgium  -  no  measures  notified,  Art.  169 letter  in  1995. 
-  no measures  notified,  Art.  169 letter  in  1995. 
Spain 
-  no  measures  notified,  Art.  169 letter  in  1995. 
Italy 
-  no  measures  notified,  Art.  169 letter  in  1995. 
Ireland 
Netheriands 

no measures  notified,  Art.  169 letter  in  1995. 

- 

397 

ANNEX V 

JUDGMENTS OF THE COURT OF JUSTICE NOT YET IMPLEMENTED 

398 

BELGIUM 

Judgment given on  19/10/81, Case C-137/80 
Judgment given on 03/10/89,  Case  C-383/85 

Transfer of pension rights 

The Act of 21.5.91  gives effect  to the Court's judgment except as regards Article  11(2) 
of Annex  8 to the  Staff  Regulations  (situation  of  self-employed  persons)  on which the 
Commission is awaiting the implementing Royal Decree. 

Judgment given on 02/02/82,  Case, C-71/81 
Judgment given on  14/01/88,  Case  C-230/85 

Disposal  of  polychlorinated biphenyls and terphenyls (PCB). 

Article  171 proceedings are in motion. 

Judgment given on 08/07/87,  Case  C-247/85 

Wild birds. 

Article  171 proceedings are in motion. 

Judgment given on 27/09/88,  Case C-42/87 
Judgment given on 03/05/94, Case C-47/93 

Discrimination in public financing  -  non-university  further education 

The Commission has commenced  Article  171 proceedings. 

Judgment given on  19/02/91, Case  C-375/89 

Aid for Idealspun/Beaulieu. 

The Belgian authorities  have commenced  proceedings  in the national  courts to recover 
the unlawful aid. 

Judgment was given on 20.09.94.  The company  has appealed against the substance and 
against enforcement. 

399 

Judgment  given  on  16/05/91,  Case  C-l67/90 

Pharmacists: Pharmacists  - coordination  and  mutual  recognition  of  qualifications. 

Article  171 proceedings  are in  motion. 

Judgment  given  on  11/06/91,  Case  C-290/89 

Surface  water. 

Belgium  has notified  a plan  of action  for  the Flemish  and Walloon Regions. 

Article  171 proceedings  are in  motion. 

Judgment  given  on  26/02/92,  Case C-3 77/90 

Carriage  of  goods by  inland  waterway  - access to the  occupation. 

Transposai  legislation  has been  notified. 
The Commission  is awaiting  its formal  enactment. 

Judgment  given  on  10/11/92,  Case  C-326/90 

Covert  discrimination  regarding  social  security  benefits. 

Belgium has adapted its legislation in response to a judgment by the Court of Justice, but 
a  problem  remains;  Article  171 proceedings  are in  motion. 

Judgment  given  on  17/02/93, Case C-173/91 

Equal  treatment  of  men  and  women. 
Discrimination  based  on age. 

Article  171 proceedings  are in  motion. 

Judgments given  on  24/03/94,  Case  C-80/92 

Free movement  of wireless  telephones. 

Progress  is being made. 

Judgment  given  on 03/05/94,  Case  C-260/93 

Sewage  sludge  used  in  agriculture. 

Article  171 proceedings  have been  commenced. 

400 

Judgment given  on  19/01/95,  Case C-66/94 

Imports of animals and meat - health checks. 

Article  171 proceedings have been commenced. 

Judgment given on 04/05/95,  Case C-218/94. 

Telecommunications terminal  equipment. 

Satisfactory  legislation  has been notified  to the Commission at draft stage. 
It has not yet been enacted. 

Judgment given on  13/07/95,  Case C-216/94. 

Mutual  recognition of qualifications  - higher education 

Article  171  proceedings have been commenced. 

Judgment given on  12/10/95,  Case C-236/94. 

Restrictions on marketing and use of certain dangerous substances and preparations. 

Recent judgment. 

GERMANY 

Judgment given  on 03/07/90,  Case  C-288/88 

Wild birds, legislation,  shooting laws. 

The Commission has been notified  of  satisfactory  Bills. 

Article  171  proceedings are in motion pending their enactment. 

Judgment given on 20/09/90 

Bug-Alutechnik - repayment of a grant. 

National  recovery  proceedings are still  in motion. 

401 

Judgment given on 28/02/91, Case C-131/88 

Groundwater. 

The German authorities have not notified measures to comply with the Court's judgment. 

Article  171 proceedings are in motion. 

Judgment given  on  17/10/91, Case  C-58/89 

Surface water, not properly  implemented. 

The German authorities have not notified  the measures taken to comply with the Court's 
judgment. 

Article  171 proceedings are in motion. 

Judgment given on  10/05/95,  Case  C-422/92 

Waste disposal. 

The  Commission  has contacted  the  German  authorities  to  ascertain what  measures are 
planned to comply with the Court's judgment. 

GREECE 

Judgment given on  15/03/88,  Case C-147/86 
Judgment given  on 30/01/92, Case  C-328/90 

Ban on opening a private school  (Frontistirion); nationality  discrimination. 

The  Decree  being  unsatisfactory,  the  Commission  has  recommenced  Article  171 
proceedings. 

Judgment given on 08/11/90,  Case  C-53/88 

Protection of workers in the event of the employer's insolvency. 

Article  171 proceedings are in motion 

Judgment given  on 26/02/91, Case C-189/89 

Restrictions on freedom  to provide services  - tourist guides. 

402 

The Greek authorities have sent notification  of a Presidential Decree to comply with the 
Court's judgment as regards legislation  on tourist guides. 

The Greek authorities have been asked to supply  additional explanations, with details as 
to the timing. 

Judgment given on 07/04/92,  Case C-45/91 

Village waste in Crete. 

Article  171  proceedings are in motion. 

Judgment given on 23/03/95, Case  C-365/93 

Mutual recognition  of qualifications  - higher education. 

Article  171 proceedings have been commenced: 

Judgment given on 01/06/95, Case C-123/94 

Nationality  discrimination . 

The Commission has commenced Article  171 proceedings. 

Judgment given  on 29/06/95,  Case C-79/94 

Motor vehicles  - third-party insurance. 

Article  171 proceedings have been commenced: 

Judgment given on 29/06/95,  Case C-l70/94 

Confined use of genetically-modified  micro-organisms. Voluntary release of genetically-
modified  micro-organisms  into the environment. 

The Greek authorities notified  satisfactory  legislation  at the end of December. 

Judgment given on 29/06/95,  Case  C-207/94 

Freedom to provide services - non-life insurance. 

Article  171 proceedings have been commenced. 

403 

Judgment given  on 29/06/95, Case  C-225/94 

Direct  life  assurance. 

Article  171 proceedings  have been  commenced. 

Judgment  given  on 06/07/95, Case  C-259/94. 

Open  network  provision  - leased  lines. 

The Commission has received draft  legislation settling part of the problem; it is in contact 
with the Greek  authorities. 

Judgment  given  on  11/08//95,  Case  C-260/94 

Telecommunications  terminal  equipment. 

The Greek authorities have notified  the Commission  of satisfactory  legislation.  The case 
is being  terminated. 

SPAIN 

Judgment given  on 02/08/93, Case  C-355/90 

Conservation  of wild  birds  at  Santona 

The Commission  has commenced  Article  171 proceedings. 

Judgment  given  on  17/11/93,  Case C-71/92 

Public works  and  supply  contracts. 

Article  171 proceedings  have been  commenced.  No  progress to  report. 

Judgment  given  on  15/03/94,  Case  C-45/93 

Nationality  discrimination  - access to museums. 

Spanish  national  legislation  has been  amended;  regional  measures  are  still  awaited. 

404 

Judgment given on 22/03/94,  Case  C-375/92 

Restrictions on freedom  to provide services as tourist guides. 

Progress. 

Judgment given  on 23/03/94,  Case  C-268/93 

Good laboratory practice. 

Article  171  proceedings have been commenced. 

Judgment given on 03/05/94,  Case  C-328/92 

Public supply  contracts for pharmaceutical  products to the social  security authorities. 

Progress. 

Judgment given on 06/12/94,  Case  C-277/93 

Doctors' remuneration. 

The  Commission  has  contacted  the  Spanish  authorities  to  ascertain  what  measures are 
planned to comply  with the Court's judgment 

Judgment given on 06/04/95,  Case C-147/94 

Motor vehicles - third-party insurance. 

Article  171  proceedings have been commenced. 

Judgment given on  12/10/95,  Case  C-242/94 

Direct life  assurance. 

Recent judgment. 

Judgment given on  14/12/95,  Case C-l6/95 

Incorrect application of  8th VAT Directive. 

Recent judgment. 

405 

FRANCE 

Judgment given  on 04/04/74,  Case C-167/73 

Access to employment on board ship. 

Article  171 proceedings are in motion. 

Judgment given  on 27/04/88,  C-252/85 

Wild birds 

The Commission is pursuing the proceedings. 

Judgment given on 25/10/88,  Case C-312/86 

Equal treatment,  access to employment. 

Only  a  part  of  the  clauses  found  to  be  discriminatory  have  been  changed  during 
negotiations. 

Proceedings are in motion; progress has been made. 

Judgment given on  12/12/90, Case  C-263/88 

Refusal  to  allow  freedom  of  establishment  and  freedom  to  provide  services  in  the 
overseas territories. 

Article  171 proceedings are in motion. 

Judgment given on 26/02/91, Case C-154/89 

Restrictions on freedom  to provide  services - tourist guides. 

Article  171 proceedings are in motion. 

Judgment given on  11/06/91,  Case C-64/88 

Fisheries: inadequate enforcement  of technical  conservation measures. 

Progress in implementing the Court's judgment is unsatisfactory; Article  171 proceedings 
are in motion. 

406 

Judgment given on  13/01/93, Case C-293/91 

Defective products. 

Article  171 proceedings are in motion. 

Judgment given on 05/05/93, Case C-246/91 

Cosmetics. 

Article  171 proceedings are in motion. 

Judgment given on  17/11/93, Case C-68/92 

VAT on advertising services, double taxation. 

The offending  circular has been withdrawn. A fresh  circular complying with the Court's 
judgment is awaited. Article  171 proceedings are in motion. 

Judgment given on 07/12/95, Case C-52/95 

Overfishing (anchovies). 

Recent judgment. 

Judgment given on  14/12/95, Case C-17/95 

Protection of animals in transport. Checks and preventive measures - horse sickness. 

Recent judgment. 

IRELAND 

Judgment given on  11/08/95, Case C-240/94 

Electromagnetic compatibility. 

The  Commission  has  contacted  the  Irish  authorities  to  ascertain  what  measures  are 
planned to comply with the Court's judgment. 

407 

Judgment given  on  14/12/95,  Case C-l32/94 

Organization  of veterinary  checks on products from  non-member countries. 

Recent judgment. 

Judgment given  on  14/12/95,  Case C-138/94 

Organization  of veterinary  checks on products from  non-member countries. 

Recent judgment. 

Judgment given  on  14/12/95,  Case C-161/94 

Veterinary  and zootechnical  checks in intra-Community  trade in certain animals. 

Recent judgment. 

Judgment given on  14/12/95, Case C-162/94 

Veterinary  checks in intra-Community trade. 

Recent judgment. 

ITALY 

Judgment given  on  15/11/83,  Case  C-322/82 
Judgment given  on  12/02/87,  Case C-69/86 

Quality  standards - fruit  and vegetables. 

There is satisfactory  progress in implementing the judgment. 

Judgment given  on  12/07/88,  Case  C-322/86 
Judgment given  on 09/03/94,  Case C-291/93 

Quality  of fresh waters. 

Progress. 

Judgment given  on  17/01/91, Case C-157/89 

Protection of wild birds, shooting season. 

408 

A circular properly reflecting the undertakings entered into by the Italian authorities has 
been gazetted.  However,  since  circulars  are not a satisfactory  means of  incorporating a 
directive into national  law, Article  171  proceedings have been commenced. 

Article  171 proceedings continue. 

Judgment given on 26/02/91, Case C-l80/89 

Restrictions on freedom  to provide services - tourist guides. 

Article  171 proceedings are in motion. 

Judgment given on  16/05/91, Case C-263/85 

Contributions  to  Regions  purchasing  home-produced  buses  and  trams.  Regional 
preferences. 

The  Italian  national  legislation  has  been  adapted;  the  Commission  is  still  awaiting 
enactment of regional legislation. 

Judgment given  on  13/12/91, Case C-33/90 

Waste-Campania. 

Article  171 proceedings are still  in motion. 

Judgment given on 09/06/93, Case C-95/92 

Radiation protection -  medical  examinations. 

Article  171 proceedings are in motion. 

Judgment given on 02/08/93, Case  C-366/89 

Monopoly  for the collection  and disposal  of waste oils. 

Progress. 

Judgment given  on 09/02/94,  Case C-l 19/92 

Customs agents' monopoly  and scale of charges. 

Article  171 proceedings are in motion. 

409 

Judgment given  on 23/02/94,  Case  C-289/93 

Road transport - recording equipment. 

Article  171  proceedings are in motion. 

Judgment given on 26/04/94, Case C-272/91 

Public procurement - computerized lottery systems. 

The Commission is still in contact with the Italian authorities. It is awaiting the enactment 
of measures to comply  with the Court's judgment. 

Judgment given  on  18/05/95, Case C-57/94 

Public works contract: construction of  Ascoli  Mare road. 

The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are 
planned to comply with the Court's judgment. 

Judgment given  on 01/06/95,  Case C-40/93 

Access to the profession  of dentist. 

The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are 
planned to comply  with the Court's judgment. 

Judgment given  on 01/06/95,  Case C-l82/94 

Failure to notify  legislation transposing two machine-tool  directives. 

The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are 
planned to comply  with the Court's judgment. 

Judgment given  on  12/10/95,  Case C-257/94 

Community  measures  to  combat  classical  swine  fever.  Imports  of  animals  and  meat  -
health checks. 

Recent judgment. 

Judgment given  on 30/11/95,  Case C-l 18/95 

Fruit-plant  propagating material.  Marketing of vegetable seedlings. 

Recent judgment. 

410 

LUXEMBOURG 

Judgment given on  16/06/92,  Case C-351/90 

Refusal  to allow dentists to have two surgeries. 

The Luxembourg authorities have notified  no legislation. 

Article  171 proceedings are in motion. 

Judgment given on  15/06/95,  Case  C-220/94 

Open network provision - leased lines. 

The Commission  has been notified  of draft legislation,  which is being scrutinized. 

Judgment given on 26/10/95,  Case C-151/94 

Income Tax Act - taxation of non-residents. 

, 

Recent judgment. 

THE  NETHERLANDS 

Judgment given on  14/07/94, Case C-52/93 

Technical  standards - bulbs. 

The  Commission  has contacted  the Dutch  authorities.  The requisite  instruments  are in 
process of  notification. 

Judgment given on  14/07/94,  Case C-61/93 

Electronic kw/h meters. 

The  Commission  is  awaiting  enactment  of  the  draft  measures  notified  by  the  Dutch 
authorities. 

Judgment given on  17/01/95,  Case C-93/94 

Disposal  and processing of animal waste. 

Article  171 proceedings have been commenced. 

411 

UNITED  KINGDOM 

Judgment given  on  18/02/92,  Case C-30/90 

Patent licences. 

The United Kingdom  has notified  the Commission of draft legislation. 

The Commission  is awaiting its enactment. Progress. 

Judgment given  on 25/11/92,  Case  C-337/89 

The Commission has contacted the British authorities. 

The Commission  regularly  checks that the Court's judgment is properly implemented. 

Judgment given on  14/07/93, Case C-56/90 

Bathing water quality: Blackpool  and Southport. 

The Member State is rectifying matters. 

The Commission  regularly  checks that the Court's judgment is properly implemented. 

Judgment given on 24/03/94,  Case C-40/92 
MMB: restrictions on freedom  to sell  milk. 

Progress. 

Judgment given on 08/06/94, Case  C-382/92 

Transfers of undertakings. 

The United Kingdom is taking the measures needed to comply with the Court's judgment. 
Progress. 

Judgment given  on 08/06/94,  Case  C-383/92 

Collective redundancies. 

The United Kingdom is taking the measures needed to comply with the Court's judgment. 
Progress. 

412 

ANNEX VI 

APPLICATION OF COMMUNITY  LAW BY NATIONAL COURTS 

413 

APPLICATION  OF COMMUNITY  LAW 
BY NATIONAL  COURTS 

1. 

Application  of Article  177 of  the EC  Treaty 

In  1995 the Court  of Justice of the European  Communities  received  requests  for 
preliminary  rulings  in  cases  where  difficulties  arose  in  the  interpretation  of 
Community  law  or  where  there  were  doubts  as  to  the  validity  of  Community 
instruments. 

The  number  of  cases  varies  considerably  from  year  to  year  but  1995, with  251 
such  cases,  was  the  busiest  year  of  preliminary  ruling  activity  in  recent  times. 
Figures for  the last  six years are as  follows: 

1990:  142 cases 
1991:  186 cases 
1992:  162 cases 
1993:  204  cases 
1994: 203  cases 
1995: 251 cases. 

In  1995, preliminary  rulings  accounted  for  about  60% of  the total  of  415 cases 
brought  before  the Court. 

As in previous years, cases were referred  by  courts in almost  all Member  States, 
Finland being the sole exception. But Finland  is a new Member  State, and courts 
in the other  two new Member  States did  ask for  preliminary  rulings. 

There are wide variations between Member  States. The number of rulings sought 
by the Italian, German and French courts, for instance, was around 60, 50 and 40 
respectively,  whereas  courts in  the  United  Kingdom  and  the Netherlands  sought 
only  20 or so each. Moreover,  their  Spanish  counterparts had only ten questions, 
which  is less than the Belgian  courts  and  the  same as the Greek  courts. 

When references  are recorded  at the Court of Justice Registry, they are published 
in full in the Official Journal of the European Communities.  The two tables below 
show the number of references from  each Member  State and the number of cases 
referred  by  each  court  of final instance. 

414 

Number of references  per Member State in  1995 
(compared with  1994) 

Member State 

Total 
references 
1995 

(1994) 

References by courts 
of final instance 
1995 

(1994) 

Belgium 

Denmark 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

Luxembourg 

Netherlands 

Portugal 

United Kingdom 

Austria 

Sweden 

Finland 

14 

8 

51 

10 

10 

43 

3 

58 

2 

19 

5 

20 

2 

6 

(19) 

(4) 

(44) 

(-)' 
(13) 

(36) 

(2) 

(46) 

(1) 
(13) 

(1) 

(24) 

(-) 
O 

4 

1 

17 

2 

2 

1 

2 

1 

14 

3 

5 

1 

(2) 

(-) 

(11) 

(-) 

(5) 

(7) 

(-) 

(5) 

(1) 

(7) 

(-) 

(1) 

(-) 

(-) 
O 

415 

Origin of references by  supreme courts: 

Belgium 

Germany 

Cour  de Cassation/Hof van  Cassatie 
Conseil  d'Etat/Raad van  State 

Bundesgerichtshof 
Bundesverwaltungsgericht 
Bundesfinanzhof 
Bundessozialgericht 

France 

Italy 

Cour de Cassation 

Consiglio  di  stato 

Luxembourg 

Conseil  d'Etat 

Netherlands 

Raad  van  State 
Hoge Raad 
Centrale Raad van Beroep 
College van  Beroep 
Tariefcommissie 

United Kingdom 

Court  of  Appeal 

Denmark 

Greece 

Ireland 

Austria 

Portugal 

House of Lords 

Hiajesteret 

Conseil  d'Etat 

Supreme Court 

Oberste Gerichtshof 

Supremo tribunal  amministrativo 

2 
2 

3 
4 
9 
1 

2 

2 

1 

2 
8 
1 
1 
2 

3 

2 

1 

2 

1 

1 

3 

416 

Significant judgments  of national  courts  of final  instance 

2.1. 

Introduction 

Analysis  of  the judgments  outlined  below  shows  that  national  superior 
courts are paying  more  and  more attention  to  Community  law. 

The Commission has again had access to data gathered by the research and 
documentation  department  of  the  Court  of  Justice.  It  was  thus  able  to 
identify  decisions  which  applied  Community  law,  though  it  should  be 
pointed  out  that  it  is  not  possible,  by  consulting  databases,  to  identify 
cases  where  national  courts  ought  to  have  applied  Community  law  but 
where the judgment contains no reference to it. Moreover, the Commission 
cannot undertake a systematic analysis of the mass of judgments delivered 
each year by the national  superior courts. Each year, some  1200 judgments 
relating  to  Community  law  come  to  the  attention  of  the  research  and 
documentation  department. 

2.2. 

The  research 

Research  was  carried  out  on  the  following  questions  in  relation  to 
decisions  given  or reported  for  the first time  in  1995: 

1. 

Were  there  cases  where  decisions  against  which  there  was  no 
appeal were taken without a reference for a preliminary ruling even 
though  they  turned  on  a  point  of  Community 
law  whose 
interpretation  was less than  perfectly  obvious? 

Were there  any  other  decisions  regarding  preliminary  rulings that 
merit  attention? 

2. 

Were there cases where courts, contrary to the rule in Case 314/85 
Foto-Frost,  declared  an  act  of  a  Community  institution  to  be 
invalid? 

To  what  extent  did  national  courts,  applying  the  principles  in 
Joined  Cases  143/88  and  92/89  Zuckerfabrik  Siiderditmarschen, 
stay the implementation of a national administrative measure taken 
on the basis of a  Community Regulation  or Decision? 

3. 

Were there any  decisions that  were  noteworthy  as setting good  or 
bad  examples? 

417 

1. 

Question  1 

In Belgium, the Court of Arbitration/13 sitting as court of final instance, 
dismissed 
two  applications  for  annulment  of  national  provisions 
introducing ecotaxes, i.e. taxes on products considered to be harmful  to the 
environment and operating as an incentive to use environmentally  friendly 
substitute products, for violation of the constitutional  principle of equality 
coupled  with,  principally,  Articles  6,  30  and  95  of  the  EC  Treaty  and 
Directive 83/189/EEC(2) establishing an information procedure for technical 
standards and regulations. The Court held that there was no such violation 
and  dismissed  the  applicants'  request  in  the  alternative  that  the  Court  of 
Justice be  asked for  a preliminary  ruling. 

Case 7/95 concerned the provisions applicable to containers of beverages, 
whereby  PVC  bottles  were  not  eligible  for  exemption  from  or  reduction 
of  the  ecotax.  In  practice,  the  applicants  submitted,  the  legislation  had  a 
heavier  impact  on French  producers  and  distributors of mineral  waters as 
they, unlike their Belgian  counterparts,  used PVC bottles. The Court held 
that the Belgian legislation was not contrary to the constitutional  principle 
of equality coupled with Article 95 of the EC Treaty, partly because it did 
not  proceed  from  a  desire  to  protect  Belgian  firms  -  Belgian  PVC 
producers were  among the applicants - and partly  because it was open to 
any firm to use non-taxable  containers. 

In  Case  8/95  (application  of  ecotaxes  to  batteries),  the  Court  held  that, 
even  if  the  system  of  refunds  on  the  return  of  used  batteries,  on  which 
exemption from  the ecotax depended, was caught by Article 30 of the EC 
Treaty, it was not contrary to it. Being applicable as a blanket measure and 
being  necessary  on  environmental  protection  grounds,  it  could  not  be 
replaced by  measures that were less restrictive  of intra-Community  trade. 
The  Court  added  that  there  were  good  grounds  in  the  instant  case  for 
treating  batteries  not  capable  of  being  considered  dangerous  in  the  same 
way  as those to which  Directive  91/157/EEC(3) applied. Nor,  it held, was 
there any evidence of discrimination against any  of  the applicants in the 
exercise  of  their  rights  by  reason  of  the  alleged  absence  of  prior 
consultation of  the parties  concerned as required by the Directive.1^ 

In both cases the Court held that the relevant provisions, requiring a label 
distinguishing  products  subject  to  ecotax  from  those  which  were  not 
ecotaxable,  were  not  within  the  scope  of  Directive  83/189/EEC.  Even  if 

o) 

(2) 

(3) 

(4) 

Cases  7  and  8/95, judgments  given  on  2.2.1995:  [1995] Journal  des 
tribunaux 470 and 474-477. 
Council  Directive  83/189/EEC  of  28  March  1983  laying  down  a 
procedure  for  the  provision  of  information  in  the  field  of  technical 
standards and regulations: OJ L  109, 26.4.1983, p. 8. 
Council  Directive  91/157/EEC  of  18  March  1991  on  batteries  and 
accumulators  containing  certain  dangerous  substances:  OJ  L  78, 
26.3.1991, p. 4, as last  amended  by  Council  Directive  93/86/EEC: OJ 
L264, 23.10.1993, p.  51. 
Article 7. 

418 

a  legal  labelling  obligation  could  be  taken  to  constitute  a  "* technical 
specification',  only  the  implementing  rules were  notifiable/5* 

In Spain, the Tribunal Supremo, a court of final instance, gave judgment 
on 27 March  1995(6) declining to refer  to the Court of Justice requests for 
preliminary  rulings  on  the  interpretation  and  validity  of  Article  47  of 
Regulation  No  1408/71(7)  as  regards  computation  of  notional  amounts 
payable  by  way  of  old-age  insurance.  It  gave  two  reasons:  first,  the 
absence  of  reasonable  doubt  as to  the  proper  application  of  the  national 
and  Community  rules; and  second,  the impossibility  of  raising a point on 
appeal  that  had  not been  raised  by  the  parties  at the  earlier  (suplicaciôn) 
stage. But three Members  of the  Court  issued  a dissenting  opinion  to the 
effect  that a preliminary ruling should have been requested.(8) Incidentally, 
a lower court,  the Tribunal  Superior de Justicia del Pais Vasco, by Orders 
made on 31 May(9) and 27 July  1994,(10) had referred  cases to the Court of 
Justice for preliminary  rulings on matters that were substantially the same 
as those now raised  in the  Tribunal  Supremo. 

The  Dutch  Hoge  Raad 
(Criminal  Division)  gave  judgment  on 
16 May  1995,(ll) without seeking a preliminary ruling, in a case turning on 
the  compatibility  with  Article  30  of  the  EC  Treaty  of  the  Dutch  Waste 
Act,  which  prohibits  vehicle  demolition  establishments  from  operating 
without  a licence.  The Act  defines  wrecked  vehicles  in  such  a way  as to 
exclude  damaged  vehicles  with  valid  Dutch  registration  plates  and 
logbooks,  so  that  no  licence  is  required  for  the  storage  or  processing  of 
such  vehicles.  Since  it  is  impossible  for  imported  damaged  vehicles  to 
satisfy  this  requirement,  the  firm  being  prosecuted  alleged  that  the 
legislation  was  contrary  to  Article  30.  The  Hoge Raad  held  that  the Act 
was not contrary to Article  30 as the terms for licensing vehicle demolition 
firms  were  no  more  restrictive  for  imported  vehicles  than  for  Dutch 
vehicles.  Its  conclusion  was  not  influenced  by  the  fact  that  it  was 
impossible  to furnish  an  imported  vehicle with  a Dutch  registration  plate 
and  logbook  as this was not  a term  for  licensing  establishments. 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

Detailed  rules  implementing  these  general  rules  were  referred  for 
annulment to the Conseil d'Etat, which applied to the Court of Justice for 
a preliminary  ruling on the interpretation  of Directive 83/189/EEC: CE 
Case 56.569, order of 4.12.1995; ECJ Case C-13/96. 
Gaceta Juridica de la C.E.. Boletin  1995 n° 105, p. 59. 
Council  Regulation  (EEC)  No  1408/71  of  14  June  1971  on  the 
application  of  social  security  schemes  to  employed  persons  and  their 
families moving within the Community: OJ L 149, 5.7.1971, p. 2. 
As to the second ground, note that the judgment of the Tribunal Supremo 
the  Court  of  Justice  on 
predates 
14 December  1995 in Case C-312/93 Peterbroeck v Belgium and Joined 
Cases C-430 and 431/93 Van Schijndel v. Stichting Pensioenfonds. 
OJC316,  12.11.1994, p. 9. 
OJC386, 31.12.1994, p. 7. 
Officier van Justifie v Autohandel en -sloperij J.R. B.V., NJ 1995, n° 567. 

judgments  given  by 

the 

419 

Still  in  the  Netherlands,  the  Raad  van  State  (Administrative  Division) 
held,  on  16 June  1995,(12) that  it  was  not  necessary  to  seek  a  preliminary 
ruling  from  the  Court  of  Justice.  The  case  concerned  an  appeal  by 
individuals  against  a  country  planning  decision  relating  to  reinforcement 
of dikes. The complaints were specifically  against the fact that the relevant 
plan  had  not  been  through  the  environment  impact  assessment  procedure 
provided  for by Directive  85/337/EEC.(13) The Act on which the plan was 
based,  the  Deltawet  grote  rivieren,  excludes  dike  reinforcement  works 
from  the Directive's  procedure. 

By  decision  of  8 March  1995, the Raad  van  State  referred  a question  to 
the  Court  of  Justice  for  a  preliminary  ruling,(14)  namely  whether  certain 
dike  reinforcement  works  were  within  the  Directive's  definition  of 
^ canalization  and  flood-relief  works',  but  in  the  instant  case  it  decided, 
without  awaiting the Court's ruling, that  in principle it was quite possible 
for  the  definition  to  extend  to  such works. 

The Raad van  State went on to declare that the exception  provided  for by 
the Dutch  Act was unfounded  in relation to Article  1(5) of the Directive, 
which  excluded  from  the  Directive  itself  projects  adopted  in  detail  by 
specific  national  legislation:  the  Act  did  not  describe  the  relevant  dike 
sections  in  detail  but  simply  mentioned  them.  But  it  did  hold  that  the 
exception  was justified  in terms  of Article 2(3) of the Directive, whereby 
Member  States may,  in exceptional  cases, exempt  a specific  project  from 
the Directive. Its ground was that the projects to which the Deltawet grote 
rivieren  applied  were  identified  with  sufficient  accuracy,  and  this  was 
anyway  an  exceptional  case  in  view  of  the  urgency  of  the  works  to  be 
done. 

Also  noteworthy  in  terms  of  Article  177 EC  was the judgment  given  by 
the  Raad  van  State  on  7 July  1995(15)  in  an  action  brought  by  a Dutch 
Member  of  the  European  Parliament  against  the  refusal  by  his  country's 
Minister of Finance to allow him access to minutes of certain meetings of 
the  Council  of  the  European  Union.  The  question  was  whether  the 
provision  of the Council's Rules of Procedure,(16) whereby its deliberations 
are  covered  by  the  obligation  of  professional  secrecy  unless the  Council 
decides  otherwise,07)  took  precedence  over  the  Dutch  Freedom  of 
Information  Act  {Wet Openbaarheid  van Bestuur).  The  Raad  van  State 
held  that  this was  so.  It  concluded  from  a  series  of  cases  decided  by  the 

(12) 
(13) 

(14) 

(15) 

(16) 

(17) 

C.J.L.  de Wit v Bestendige  Deputatie  Gelderland,  AB  1995, n° 384. 
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the 
effects  of  certains  public  or  private  projects  on  the  environment:  OJ 
L  175, 7.7.1985, p. 40. 
Case C-72/95, pending. 
Metten v Minister  of Finance,  noted  in Nederlands  Juristenblad  1995, 
Katem, p. 545, n° 17. 
Currently, Council Decision of 6 December  1993 adopting the Council's 
Rules of Procedure: OJ L 304, 10.12.1993, p. 1  (Article 5). 
See  Case  T-194/94  Carvel and  Guardian v  Council (Court  of  First 
Instance), judgment given on  19 October  1995, not yet reported. 

420 

Court  of  Justice  that  the  principle  of  the  primacy  of  Community  law 
applied to the Rules of Procedure even though they were not in one of the 
categories listed in Article  189 of the EC Treaty. Having further  concluded 
that primacy was also enjoyed  by Community provisions not having direct 
effect,  the  Raad  van  State  decided  that  there  was  no  need  to  ascertain 
whether  a  provision  of the  Rules  of Procedure  had  such  effect.  Lastly,  it 
noted  that  to  make  rights  of  access  to  information  about  the  Council's 
deliberations  subject  to  the  national  law  of the  applicant's  Member  State 
would  effectively  render  the  confidentiality  provisions  nugatory. 

On  the  subject  of  preliminary  rulings,  attention  is  worth  drawing  to  the 
judgment  given  on  11  December  1995  by  the  Austrian  Constitutional 
Court  (Verfassungsgerichtshof)}n)  holding  that  failure  to  discharge  the 
obligation  to refer  questions incumbent  on courts against whose  decisions 
there  is  no  appeal  was  a  violation  of  the  principle  enshrined  in  Article 
83(2)  of  the  Austrian  Federal  Constitution  that  nobody  may  be  deprived 
of access to his proper judges. In an action against a decision taken by the 
Federal  Procurement  Office  {Bundesvergabeamt) without  a request  for  an 
interpretation  of  the  relevant  provision  of  Directive  93/37/EEC,(19)  the 
Verfassungsgerichtshof  held that the Office  was to be treated  as a court or 
tribunal  within  the  meaning  of  the  third  paragraph  of  Article  177 of  the 
EC Treaty.(20) But having regard to the judgment of the Court of Justice in 
CILFIT}21)  it held that on the facts  of the case the Bundesvergabeamt  had 
not  been  in breach  of  its obligation  to  refer. 

2. 

Question  2 

Research  revealed  no cases of this type, but there were  some cases where 
interim  measures  were  ordered  that  had  the  effect  of  suspending  the 
application  of  a Community  instrument. 

In  Germany,  litigation  regarding  the  common  organization  of  the 
market  in  bananas  gave rise to  a series  of  decisions  concerning  interim 
measures  that  had  the  effect  of  suspending  the  application  of  certain 
aspects of the rules: 

(a) 

National  proceedings  from  which  Case C-68/95  flowed 

An  importer  applied  for  supplementary  import  licences for  bananas  from 
non-member  countries, subject to the import duties applicable to the tariff 
quota  for  bananas  from  non-member  countries  and  non-traditional  ACP 
bananas  (ECU  100 per tonne  at the time). 

(18) 

(19) 

(20) 

(21) 

Case B 2300/95-18, not yet reported. 
Council  Directive  93/37/EEC  of  14  June  1993  conceming  the 
coordination  of  procedures  for  the  award  of  public  works  contracts: 
OJL  199, 9.8.1993, p. 54. 
The Bundesvergabeamt  has since  applied to the  Court of Justice  for a 
preliminary ruling (Case C-44/96). 
Case 283/81 [1982] ECR 3415. 

421 

He  argued  that,  as a result  of  exceptional  circumstances,  his  imports  had 
been running below the usual rate during the reference period as a supplier 
had defaulted  on his contractual  obligations and that he faced the imminent 
risk of bankruptcy  if  supplementary  quantities were not allocated to him. 

His  request  for  an  interim  Order  was  dismissed  by  the  Frankfurt/Main 
Verwaltungsgericht  (Administrative  Court).  His  appeal  to  the  Hessische 
Verwaltungsgerichtshof  (Administrative  Appeal  Court)  also  failed. 

The Verwaltungsgerichtshof  based  its decision  to dismiss the appeal(22) on 
the conclusion that the measures requested would prejudge the decision on 
the  substance  and  would  deprive  Regulation  No 404/93(23)  of  its  effect. 

Ordering such measures would  accordingly  presuppose a presumption that 
the  Court  of  Justice  would  declare  the  Regulation  invalid,  although  the 
dismissal  of  the  action  for  annulment  of  the  Regulation  brought  by 
Germany(24) meant that  such  a declaration  was  unlikely. 

The  Bundesverfassungsgericht  made  an  Order  on  25  January  1995(25) 
annulling  the  Verwaltungsgerichtshof s judgment. 

The  Bundesverfassungsgericht  held  that  the  decision  conflicted  with  the 
guarantee that individual rights would be effectively  protected against acts 
of  public  authorities  (Article  19(4)  of  the  Basic  Law).  It  stated  among 
other things its opinion that Regulation No 404/93 offered  possibilities for 
taking account of special situations arising from  excessive rigidity in firms' 
circumstances,  so that ordering measures would not necessarily  have been 
the 
incompatible  with 
Verwaltungsgerichtshof  had omitted  to look into the question whether the 
German  Government's failure  to make use of the possibilities available to 
it  was  a  failure  to  protect  fundamental  rights  as  secured  at  Community 
level. 

the  Regulation/26*  And 

it  observed 

that 

The  case  was  remitted  to  the  Verwaltungsgerichtshof,  which  ordered 
interim  measures requiring the German  authorities to issue  supplementary 
import  licences  for  approximately  2  500  tonnes  of  bananas,  subject  to 
customs  duties  at  ECU  100  per  tonne.  This  Court  also  referred  to  the 
Court  of  Justice  questions  for  preliminary  rulings  on  (a) the  applicability 
of certain provisions of Regulation No 404/93 in relation to the GATT and 

(22) 

(23) 

(24) 

(25) 

(26) 

Verwaltungsgerichtshof Hessen, BeschluB vom 23/12/94, 8 TG 3430/94, 
Europarecht  1995 p. 86-90 . 
Council  Regulation  (EEC)  No  404/93  of  13  February  1993  on  the 
common organization of the market in bananas: OJ L 47, 25.2.1993, p. 1. 
Case C-280/93 Germany v Council  [1994] ECR 1-4973. 
Bundesverfassungsgericht,  BeschluB vom  25/01/95, 2 BvR 2689/94 - 2 
BvR 52/95, Europarecht  1995 p. 91-95. 
This  was  a  reference  to  the  Order  made  by  the  Court  of  Justice  on 
29 June  1993  in  Case  C-280/93 R  Germany v  Council [1993]  ECR 
1-3667. 

422 

the  validity  of  Commission  Regulation  No  478/95,(27)  and  (b)  the 
circumstances  in  which  a  national  court  could  order  interim  measures 
derogating  from  a Community  Regulation/28* 

(b) 

National  proceedings  from  which  Case C-l82/95  flowed 

After  using  up the quantities  thus allocated,  the same importer  applied  to 
the  authorities  in  Germany  for  authorization  to  import  a  further  cargo  of 
bananas  without  an  import  licence  and  without  paying  entry  duties  of 
ECU  850  per tonne pursuant to Article  18(2) of Regulation No 404/93. His 
appeal against the refusal  to act on his application and against Commission 
Regulation  No 478/95 was  dismissed  without  review  of  the  substance by 
the  Bundesverfassungsgericht  by  Order  dated  26  April  1995,(29)  on  the 
ground  that  other redress procedures  had not been  exhausted  and  that the 
ordinary  courts  had  jurisdiction  to  consider  arguments  based  on  the 
possible  inapplicability  of  Community  legislation. 

The  applicant  then  took  his  case  to  the  Finanzgericht  Hamburg,  which 
ordered  interim  measures  allowing  him  to  import  a  further  2  500  tonnes 
or  so of bananas without  a licence  and  also put questions  for  preliminary 
rulings  to  the  Court  of  Justice/30* By  Order  dated  22  August  1995,  the 
Bundesfinanzhof  (Federal  Tax  Court)  annulled  the  interim  measures  on 
them/3l)  On 
the  ground 
8  September  1995,  the  President  of  the  Court  of  Justice  accordingly 
suspended  the preliminary  ruling  procedure. 

there  was  no 

legal  basis 

that 

for 

(c) 

National  proceedings  from  which  Cases  C-364  and  C-365/95 
flowed 

The  customs  authorities  demanded  payment  of  duties  on  the  bananas 
imported  without  licence.  The  applicant  applied  for  a  stay  of  execution, 
which  the  Hamburg  Finanzgericht  ordered  pending  a  decision  from  the 
Court  in  Case  C-l82/95. 

(2?) 

(28) 

(29) 

(30) 

(31) 

Commission Regulation (EEC) No 478/95 of 1 March 1995 on additional 
rules  for  the  application  of  Council  Regulation  (EEC)  No  404/93  as 
regards  the  tariff  quota  arrangements  for  imports  of  bananas  into the 
Community  and  amending  Regulation  (EEC)  No  1442/93:  OJ  L 49, 
4.3.1995, p. 13. 
Reference by Order made on 9 February  1995, Case C-68/95. 
2  BvR  760/95,  Europâische  Zeitschrift  fur  Wirtschaftsrecht  1995 
p. 412-413. 
Reference  by  Order  made  on  19  May  1995,  Case  C-182/95; cf. 
Europâische Zeitschrift  fur Wirtschaftsrecht  1995, p. 413. 
Bundesfinanzhof,  BeschluB vom 22/08/95, VII B 153, 154, 167, 172/95, 
Recht der internationalen Wirtschaft  1995 p. 871-873. 

423 

The  Finanzgericht  asked  the  Court  the  same  questions  as  were  asked  in 
Case  C-l 82/95/32)  This  judgment  of  the  Finanzgericht  Hamburg  was 
subsequently  upheld  by  the  Bundesfinanzhof  on  9 January  1996. 

In  the  Netherlands,  the  President  of  the  College  van  Beroep  voor  het 
(Commercial  Court)  issued  a  decision  in  interlocutory 
Bedrijfsleven 
proceedings  on  24  May  1995(33)  suspending  execution  of  Commission 
Decision  95/119/EC  (imposing  a  general  ban  on  imports  of 
fishery 
products  originating  in  Japan)/34*  Applying  the  criteria  established  by  the 
Court  of  Justice  on  21  February  1991(35)  even  though  the  case  concerned 
national measures implementing  a Regulation, the President gave a detailed 
analysis  of  the  Commission  Decision.  His  conclusion  was  that  there  were 
serious  doubts  as  to  the  validity  of  the  Community  instrument  since  the 
report  by  the  Community  experts,  on  which  the  ban  was  based,  did  not 
unequivocally justify  a total  import  ban.  The  stay  of execution  of  Decision 
95/119/EC  was  conditional  on  the  Dutch  authorities  undertaking  all 
requisite  checks  to  establish  that  the  relevant  products  did  not  have  such 
defects  as  to  endanger  human  and  animal  health  and  safety.(36)  The 
President  also 
the  validity  of 
Decision  95/119/EC/37* 

sought  a  preliminary 

ruling  on 

the  Federal  Government 

In  the  context  of  decisions  concerning  the  validity  of  provisions  of 
Community  law,  attention  may  also be drawn to the judgment  given by  the 
Bundesverfassungsgericht  on  22  March  1995,(38)  which  settled  a  dispute 
regarding 
between 
Directive  89/552/EEC/39*  The  Constitutional  Court  confirmed  that  there 
had  been  an  encroachment  on the powers of the Lander  in certain  respects, 
as the Federal  Government  had  not  properly  defended  their  interests in  the 
Council,  but  it dismissed  as  inadmissible  an  application  for  a  declaration 
that  the  Directive  was  accordingly 
in  one  of  the  applicant 
Lander. 

and  certain  Lander 

inapplicable 

(32) 

(33) 

(34) 

(35) 

(36) 

(37) 

(38) 

(39) 

References  by Orders made on  22 and  27 September  1995, Joined  Cases 
C-364 and C-365/95. These Orders do not put new questions but refer to 
those  put  in  Case  C-l82/95. 
Affish  B.V.  v  Rijksdienst  voor  de  keuhng  van  Vee en  Vlees, AB  1995, 
n° 443. 
O J L 8 0,  8.4.1995, p. 56. 
Joined  Cases C-l43/88 and  C-92/89  Zuckerfabhk  [1991]  ECR 415. 
But cf. a decision  of an English court which did not respond to doubts as 
to the validity of the same Commission  Decision by staying  proceedings 
(High  Court of Justice, Queen's  Bench Division,  The Queen v Secretary 
of State, ex parte Macrea  Seafoods Ltd, judgment given on  12 June 1995. 
Case  C-l83/95, pending. 
Bundesverfassungsgericht,  Urteil  vom  22/03/95,  2  BvG  1/89, 
Entscheidungen  des  Bundesverfassungsgerichts  Bd.92  p.  203-245, 
Europâische  Zeitschrift  fur  Wirtschaftsrecht  1995 p. 277-284. 
Council  Directive  89/552/EEC  of 3 October  1989 on the coordination  of 
certain  provisions  laid  down  by  law, regulation  or administrative  action 
in  the  Member  State  concerning  the  pursuit  of  television  broadcasting 
activities:  OJ  L 298,  17.10.1989, p. 23. 

424 

3. 

Question  3 

On  12  April  1995(40),  the  Belgian  Conseil  d'État  made  an  interlocutory 
Order  suspending 
implementation  of  an  administrative  decision 
withholding approval for  an alarm  system  pursuant  to the Royal Decree of 
14 May  1991,(41) on the ground that the Commission  had not been  notified 
of  the Decree  by  the  procedure  of  Article  8 of  Directive  83/189/EEC/42* 
Failing  notification  to the  Commission,  the  Conseil  d'Etat  concluded  that 
the  Decree  could  not  have  effect.  This  is  an  interesting  case  in  that  the 
Conseil  d'Etat  reached  the  conclusion  without  referring  a  request  for  a 
preliminary ruling on the direct effect  of the Directive  even though,  in the 
same  applicant's  action  for  annulment, 
the  President  of  the  Liège 
commercial  court(43)  had  made  an  Older  on  20 June  1994  seeking 
preliminary rulings on the direct effect  of the Directive and the  obligation 
for the national  court to decline to apply  the  national  technical  standard if 
the Commission  had  not  been  notified  of  it 

On 30 March  1995(44) the Italian  Constitutional  Court  clarified  and even 
extended the scope of the important  principle,  established  in  its judgment 
(No 384) of  7 November  1994,(45) that  the Court  has jurisdiction  to annul 
regional  legislation  that  is  contrary  to  Community  law  where  the  central 
Government  brings  an  action  in  the  Court  against  a  piece  of  regional 
legislation to prevent  its promulgation  by  the President  of the Region and 
its entry into  force. 

The Italian Government attacked legislation  enacted by the Sicilian Region 
to extend eligibility  for  certain  grants  to fishing  funis  licensed  to  operate 
in sea  areas within  its jurisdiction;  the  Government  Commissioner  to the 
Sicilian Region argued that this constituted  a new  State aid scheme within 
the meaning of Article 92  of the EC  Treaty,  and  that  the draft  legislation 
should have been notified  pursuant to Article 93 to enable the Commission 
to scrutinize  it for  compatibility  with  Community  law 

In the grounds for  its judgment  the Court first held  that  allowing  regional 
legislation presumed incompatible with Community law to enter into force 
and  then  issuing  a  preliminary  constitutional  ruling  lequiring  national 
courts and authorities to refrain  from  giving  effect  to it  would  have been 
an  " insufficient assurance'forthe  discharge of the obligation incumbent on 
the Italian State pursuant to Article  5 of  the  Treaty  lo  '  abstain  from  any 
measure  which  could  jeopardize  the  attainment  of  the  objectives'  of  the 
Community.  It  followed,  as  the  Court  held,  that  it  was  both  useful  and 

(40) .  Conseil d'État, Case 52.788, judgment given on  12 April 1995. 
(41) 

Royal Decree of  14 May  1991 determining the procedure for approving 
alarm  systems to  which the  Act  of  10 April  1990 on  surveillance  and 
security firms and internal  security  set vices applies. 
Cf. footnote 2. 
Case C-194/94, pending. 
Case 94, Rivista italiana di diritto pubblico comunilario,  1995, p. 559. 
12th report: OJ C 254, 29.9.1995, p  166 

(42) 
m 
(44) 
(45) 

425 

indeed necessary to act in advance to avert conflicts between the provision 
of  Community  law  and  regional  legislation  incompatible  with  it  by 
declaring the regional legislation unconstitutional  prior to promulgation by 
the President  of the Region  in a direct action available to the  Government 
under Article  127 of the Constitution  against regional acts liable to breach 
constitutional  rules  sharing  powers between  central  and  regional  levels. 

The  Constitutional  Court  went  on  to extend  the argument  to cases  where 
a Region  attacked  legislation  enacted  by the central  State; this could  only 
occur where the central legislation was already in force, as the regions had 
no redress against legislation enacted by the two Houses of Parliament but 
not  yet  promulgated  by  the President  of the Republic.  Consequently,  the 
Court acknowledged  that the Regions were entitled to attack central  State 
legislation  on  grounds  of  alleged  incompatibility  with  Community  law, 
provided, of course, the applicant Region could show cause in the form  of 
a possible violation  of constitutional  rules conferring  legislative power on 
the Regions. 

On  13 June  1995(46) the  Italian  Constitutional  Court  gave  a judgment  on 
the  conformity  with  Articles  3  and  10  of  the  Constitution*47*  of 
legislation*48* requiring  universities  to  appoint  foreign-language  assistants 
exclusively on annual employment contracts. In Joined Cases 269, 331 and 
332/91,(49) the  Court  of  Justice  had  held  that  Article 48  required  foreign-
language  assistants  to  be  given  open-ended  employment  contracts  where 
they  were  appointed  to  cover  x constant  needs'  for  language  teaching 
(paragraph  17).  The  Constitutional  Court  recalled  that  the  provision 
implicitly  censured  by  the  Court  of  Justice  was  the  same  Article  28  of 
Presidential  Decree  No  382/1980  now  referred  to  it  for  constitutional 
review,  and  that  foreign-language  assistants  to  which  Alloué  II  applied 
were workers from  other Member  States whereas,  in the  principal  action 
the constitutional  review related to assistants from  non-member countries. 

The  Court  went  on  to  hold  that  there  was  a  direct  link  between  the 
situation  of the  assistants  concerned  by the  Court  of  Justice  case  and  the 
situation  of the other  assistants in that the work they  performed  in  Italian 
universities by all assistants of this type was the same. It followed  that the 
principle  of  equal  treatment  enunciated  by  the  Court  of  Justice  in Alloué 
II  should  first  be  extended  to foreign-language  assistants  enjoying  Italian 

(46) 

(47) 

(48) 

(49) 

Case  249, II Consiglio di  Stato,  1995, p. 954. 
Article 3 of the Italian Constitution  sets out the principle that all citizens 
are entitled  to  equal  treatment  before  the  law. The  second  paragraph  of 
Article  10  provides  that  "* the  legal  situation  of foreigners  shall  be 
governed by legislation complying with international rules and Treaties*. 
The international  instrument in this case was ILO Convention No  143 of 
1975 (equality of opportunity and treatment for migrant workers), ratified 
by  Italy by Act No  158 of 10.4.1981. 
Article  28  of  Decree  of  the  President  of  the  Republic  No  382  of 
11.7.1980. 
[1993]  ECR 4309. 

426 

nationality  by birth  or acquisition  ^ to avoid  unwarranted discrimination' 
contrary  to Article  3 of  the  Constitution. 

The  same  principle  of  equal  treatment,  and  with  it  the  conversion  of 
employment  contracts  of  limited  duration  (one  year)  into  open-ended 
contracts  therefore  had  to  be  applied  to  assistants  with  the  nationality  of 
a non-member  country,  not  on the  basis  of  a  constitutional  provision  but 
of section  1 of Act No 943/1986, which conferred  the same rights on non-
Community  workers  residing  in  Italy  as on  Italian  workers. 

The  Austrian  Verfassungsgerichtshof  (Constitutional  Court  )(50)  had  an 
action  before  it  for  annulment  of  a  provision  of  subordinate  legislation 
regulating  the  distribution  of  mineral  water  to  maintain  the  ban  on 
containers  other  than  glass  bottles  until  1 January  1997.  By  Order  made 
on  12  December  1995,  it  declared  that  national  courts  were  under  an 
obligation  to  interpret  national  law  in  conformity  with  Community  law, 
and in particular with enforceable  directives. It accordingly interpreted  the 
provision  referred  in  such  a  way  that  the  maintenance  of  the  ban  on 
marketing  mineral  waters  in  containers  other  than  glass bottles  could  not 
be  applicable  by  reason  of  incompatibility  with  Commumty  law. 

to  order 

interim  measures 

In  Denmark,  the  Hejesteret  (Supreme  Court)  gave  a  judgment  on 
11 May  1995(51)  declining 
suspending 
construction  of a bridge between Denmark and Sweden on the ground that 
there was  no violation  of Directive  85/337/EEC  {the same Directive  was 
in  issue  in  the  Dutch  Raad  van  State  judgment  of  16  June  1995, 
considered  above  under  Question  1).  The  arguments  by  the  applicant 
(Greenpeace)  were  based  on  the  Directive's  requirement  that  certain 
information  on  the  environmental  impact  of  such  projects  must  be  made 
public  before  work  can  begin.  The  Court  confirmed  explicitly  that  the 
conditions  to  be  met  if  interim  measures  are  to  be  ordered  must  be 
ascertained  in  the  light  of  Court  of  Justice  cases,  from  which  it  emerged 
that the national courts must order them if national legislation is in  conflict 
with Community  law. The interesting  point in relation to Community  law 
is  the  explicit  acknowledgement  of  an  obligation  to  enforce  Community 
law where the  national  legislation  conflicts  with  it. 

On 21 February the French Court of Cassation  (Commercial Division)*52* 
gave a valuable judgment on the recognition of the primacy of Community 
law  in the national  courts. 

The case began with litigation concerning advertising for French  spirituous 
beverages,  in  which  the  Court  of  Justice  gave  two  judgments  for  the 
Commission  against  France  on  27  February  and  10 July  1980,  declaring 

(50) 

(51) 

(52) 

Case V  136/94-10, not yet reported. 
Case  I  118/1995,  Miljoorganisationen  Greenpeace  Danmark  v 
Trafikministeriet. 
Société  United Distillers France and others v Agent judiciaire du Trésor 
public and others. 

427 

that  Articles  L.17  and  L.18  of  the  Code  sur  les  débits  de  boissons, 
governing  advertising  for  spirits,  were  contrary  to the  Treaty. 

The  Ministry  of  Justice  then  issued  a  Circular  on  10 October  1980, 
requiring the prosecution service to take proceedings against all advertising 
for  imported  spirits  in breach  of  Articles  L.17  and  L.18.  On  the  basis  of 
Article L.781-1 of the Code de l'organisation judiciaire,  Article  171 of the 
Treaty  and  the two judgments  given by the Court  of Justice,  the Court of 
Cassation  declared  that  "* the  effect  of  Community  law  is  that  national 
authorities are fully  prohibited from  applying a national  provision that has 
been  found  to  be  incompatible  with  the  Treaty'.  It  concluded  that  ^ the 
offending  circular  ...  is  in  conflict  with  the  law  as declared  by  the  Court 
...  and  its  adoption  is  seriously  flawed'. 

In  a  judgment  given  on  23  June  1995,  the  French  Conseil  d'État 
(Sectional  composition)*53* affirmed  that  in the  absence  of transposai  of a 
Directive1 by  the  State,  the  State  could  not  rely  on  its  direct  effect  in 
relation  to an individual.  This follows  the line set by the Court  of  Justice 
inMarshall(54)  The provision  in issue in the instant  case was  Article 3(1) 
of Directive  89/105/EEC,*55* which  allows the time prescribed  for  official 
examination  of  a  request  from  a  firm  to  be  extended.  Having  failed  to 
transpose the Directive, the authorities could not themselves  seek to  enjoy 
the  benefit. 

In  the  United  Kingdom,  the  plaintiffs  in  R  v  Secretary  of  State  for 
Employment,  ex parte  Seymour-Smith  and Perez  were  employed  persons 
dismissed  after  the two-year  qualifying  period  of continuous  employment 
required  by the Employment  Protection  (Consolidation)  Act  1978 for  the 
grant of compensation for unfair  dismissal  by an Industrial  Tribunal. They 
made an application for judicial  review of the Unfair Dismissal  (Variation 
of Qualifying  Period) Order  1985, which amended the 1978 Act by raising 
the qualifying  period from  one to two years. In particular, they argued that 
the  Order  of  1985 constituted  indirect  discrimination  as there were  fewer 
women  than  men  capable  of  qualifying.  The  High  Court  dismissed  the 
case.  The  Court  of  Appeal*56* held  that  the  equal  treatment  principle  of 
Directive  76/207/EEC*57*  precluded  all  forms  of  direct  or  indirect 
discrimination based on sex. Even if Community law required a substantial 

(53) 
(54) 
(55) 

(56) 

(57) 

SA Lilly France. 
Case C-l52/84 [1986] ECR 723 . 
Council  Directive  89/105/EEC  of  21  December  1988  relating  to  the 
transparency of measures regulating the prices of medicinal products for 
human use and their inclusion  in the scope of national health insurance 
schemes: OJ L 40,  11.2.1989, p. 8. 
Court of Appeal,  Civil  Division, judgment  of 31 July  1995, Regina  v. 
Secretary  of State for Employment,  ex parte Seymour-Smith  and Perez, 
Mure, James, Journal of the Law Society of Scotland  1995, p. 417-421. 
Council Directive  76/207/EEC of 9 février  1976 on the implementation 
of the principle of equal treatment for men and women as regards access 
to  employment,  vocational  training  and  promotion,  and  working 
conditions: OJ L 39, 14.2.J976, p. 40. 

428 

difference,  exceeding  the  de  minimis  threshold, 
in  the  number  or 
percentage  of persons  of the  same  sex in the  category  that was  privileged 
or disadvantaged  in relation  to the other,  excessive importance  should not 
be  attached  to  the  word  ^ substantial'.  The  evidence  showed  that,  in  the 
period preceding the plaintiffs'  dismissal, there was a substantial  difference 
between  the  numbers  and  percentages  of  men  and  women  among  both 
those  who  had  and  those  who  had  not  satisfied  the  qualifying  period  of 
two  years  required  by  the  1985  Order.  As  the  impact  of  the  qualifying 
period was more harmful  to women, the Court of Appeal, having reviewed 
a  number  of  cases  decided  by  the  Court  of  Justice,  decided  that  it  was 
incompatible  with  Directive  76/207/EEC  unless  objective  grounds  were 
given for  it. The Secretary  of State had failed  to demonstrate that the  1985 
Order  had  improved  employment  prospects  and  the  Court  of  Appeal 
concluded  that  its  discriminatory  effects  were  unjustified.  The  case  has 
since been  taken  to the House  of Lords. 

Still  in  the  United  Kingdom,  Fitzgerald  and  Others  v  Williams  and 
Otherst5^ concerned  the  impact  of  Community  law  on  Order  23, Rule  1, 
of the Rules of the  Supreme  Court,  whereby  the plaintiff  may be ordered 
to  give  security  for  costs  where  he  is  habitually  resident  outside  the 
jurisdiction.  The question had repeatedly been raised in the English courts, 
and  in  1990  the  Court  of  Appeal,  in  Berkeley  Administration  Inc  v 
McClelland,  held  that  Order  23  was  not  contrary  to  Article  7 of  the  EC 
Treaty  since  it  was  based  specifically  on  residence,  irrespective  of 
nationality.  In the instant case, the High  Court had  ordered Irish  plaintiffs 
resident  in  Ireland  to  provide  security  in  the  amount  of  £100  000.  On 
appeal,  the  plaintiffs  asked  the  Court  of  Appeal  to  review  the  rule  in 
Berkeley  in  the  light  of  the judgment  given  by  the  Court  of  Justice  in 
Mund  and  Fester  v  Hatrex  Intemationaal  Transport}5^  The  Court  of 
Appeal  studied  that judgment  and  decided  that  as  a  result  of  Articles  6 
and  220  of  the  EC  Treaty  an  English  court  could  never  exercise  its 
discretion under Order 23 in such a way as to require a plaintiff  having the 
nationality  of  and  residing  in  another  Member  State  signatory  to  the 
Brussels  Convention  to  provide  security,  at  any  rate  in  the  absence  of 
sound evidence of the existence of serious enforcement  difficulties  in such 
Member  State.  In  the  instant  case there  was  no need  to  consider  whether 
that  reservation  was  valid  in  relation  to  Community  law.  There  were  no 
problems of enforcement  in Ireland and the plaintiffs  should not have been 
required  to give  security. 

(58) 

(59) 

Court  of  Appeal,  Civil  Division,  judgment  of  20  December  1995  /. 
Fitzgerald and others  v  Willams and others  - 2. O'Regan and others  v 
Same. 
Case  C-398/92  [1994]  ECR  1-467.  The  Court  of  Justice  held  that 
Article 7 of the EEC Treaty, read with Article 220 and with the Brussels 
Convention, precluded  national  mles of civil procedure which, where a 
judgment is to be enforced within national territory, authorizes attachment 
orders only where it is probable that, in their absence, enforcement  will 
be impossible or substantially more difficult,  whereas, for a judgment to 
be enforced  in  another  Member  State,  it  is  authorized  simply  because 
enforcement  is to be ordered in a foreign jurisdiction. 

429 

(Verfassungsbeschwerde)  arguing 

By  Order  made  on  31  May  1995*60*,  a  Chamber  of  the  German 
Bundesverfassungsgericht  dismissed  as  inadmissible  an  action  by  an 
the  allocation  of 
individual 
European  Parliament  seats  was  contrary  to  the  principle  of  German 
constitutional  law  that  the  votes  of  electors  should  carry  approximately 
equal weight; the German electorate represented about 22% of the Union's 
population  but  German  Members  occupied  only  16% of  the  seats  in  the 
European  Parliament. 

that 

On  the  basis  of  its  own judgment  of  12 October  1993 on  the  Maastricht 
Treaty,*61* the Chamber  highlighted  the differences  between the respective 
roles  of  the  European  Parliament  and  the  national  Parliaments.  The 
democratic  legitimacy  of  the  exercise  of  powers  conferred  on  the 
Communities  lay  primarily  in  the  national  Parliaments;  the  European 
Parliament  had a secondary  function.  It was consequently  at national level 
that  voters'  equality  ought  to  be  secured. 

The  Court  added  that  the  weighted  distribution  of  European  Parliament 
seats  was  warranted  by  the  fact  that  the  Member  States  were  still,  as 
States,  equal  subjects  of  international  law independently  of their citizens. 
The  system  did,  however,  take  account  of  the  fact  the  Union  was  more 
than the mere  sum  of  its Member  States by  allowing population  levels  to 
influence  the  number  of  Members  of  the European  Parliament. 

In  McClean  &  Tate}62)  the  Irish  High  Court  acknowledged  that  the 
plaintiffs  could recover compensation from  the State for damage sustained 
by  reason  of  failure  to  transpose  a  directive.  Ireland  was  required  to 
transpose Directive 79/7/EEC,*63* but the High Court considered that it had 
done  so  properly  only  in  1992,  when  provisions  enacted  in  1986  and 
preserving  certain  forms  of  discrimination  against  married  women  were 
repealed.  The  Court  held  that  married  women  who  had  suffered 
discrimination  regarding  unemployment  benefits  could  demand  that  the 
State make good their loss subject to the rules governing the time allowed 
for  appeals. 

(60) 

(61) 

(62) 

(63) 

2  BvR 635/95; Europâische Zeitschrift  fur  Wirtschaftsrecht  1995 p. 748 
(summary). 
Entscheidungen  des  Bundesverfassungsgerichts  Bd. 89 p. 155-213. 
Joined Cases McClean  & Tate v Min. for  Social  Welfare,  Ireland and the 
A.G.;  Robinson  &  Others  v Min.  for  Social  Welfare, Ireland  and  the 
AG.,  High  Court  (Ireland), judgment  given  on  3 February  1995. 
Council Directive 79/7/EEC of  19 December  1978 of  19 December  1978 
on the progressive implementation  of the principle of equal treatment  for 
men  and  women  in  matters  of  social  security:  OJ  L 6,  10.1.1979, p. 24. 

430 

in  the  light  of  Steenhorst-
The  High  Court,  interpreting  Emmott^ 
et Johnson,(66) held that national provisions concerning the time 
Neering^ 
allowed  for  appeals were  compatible  with  Community  law  as they  in  no 
way  prejudiced  the  exercise  of  rights  conferred  in  the  Community  legal 
order but merely limited the period prior to the presentation of the appeal 
for  which  arrears were payable - to  six years  as it happened. 

(64) 
*65) 
(66) 

Case 208/90 [1991] ECR 1-4269. 
Case C-338/91 [1993] ECR 1-5475. 
Case C-410/92 [1994] ECR 1-5483. 

431 

ISSN 0254-1475 

COM(96) 600 final 

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