Fourteenth Annual Report on monitoring the application of Community law (1996)
Date: 1997-05-29
Institutions: European Commission
Subjects: EU control, EU law, activity report, application of EU law

'iii'idiifiHiwmin 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.05.1997 
COM(97) 299  final 

FOURTEENTH ANNUAL REPORT ON 
MONITORING THE APPLICATION OF 
COMMUNITY LAW 
(1996) 

(presented by the Commission) 

CONTENTS 

INTRODUCTION 

AREA WITHOUT INTERNAL  FRONTIERS 

1. 

2. 

2.1 

2.2 

9 

6 

24 

26 

26 
26 

27 
27 

to 

the 

28 
28 
28 
32 

INTRODUCTION 

SITUATION SECTOR BY SECTOR 

Removal of physical barriers 
Customs 
2.1.1 
Progress 
2.1.1.1 
customs 
Free movement of agricultural  products 

2.1.2 

field 

in 

implementing  Directives  applicable 

2.2.2.1 
2.2.2.2 
2.2.2.3 
2.2.2.4 

2.2.2.5 
2.2.2.6 
2.2.2.7 
2.2.2.8 

Removal of technical barriers 
2.2.1 
2.2.1.1 
2.2.1.2 
2.2.2 

in 

the 

free 

implementing  Directives  on 

Free movement of goods 
Articles 30 etseq.  of the EC Treaty 
The preventive rules of Directive 83/189/EEC 
Progress 
movement of goods 
Foodstuffs 
Progress in implementing Directives applicable to foodstuffs 
Pharmaceutical products 
in 
Progress 
35 
pharmaceutical products 
Chemicals 
35 
Progress in implementing Directives applicable to chemicals ..  36 
36 
Motor vehicles, tractors and motorcycles 
Progress  in  implementing  Directives  applicable  to  motor 
vehicles, tractors and motorcycles 
Construction products 

implementing  Directives 

33 
33 
34 
34 

applicable 

37 
38 

to 

gas 

pressure 

2.2.2.11 

equipment, 

2.2.2.9 
2.2.2.10  Mechanical  engineering,  electronics,  personal  protection 
equipment, 
equipment, 
pre-packaging,  measuring  equipment,  medical  devices  and 
pleasure craft 
Progress in implementing Directives applicable to  mechanical 
engineering,  electronics,  personal  protection  equipment,  gas 
equipment,  pressure  equipment,  pre-packaging,  measuring 
equipment, medical devices and pleasure craft 
Liability for defective products 
Free  movement  of  persons,  right  of  establishment  and 
voting rights 
Ending discrimination 
Entry and residence 
Progress  in  implementing  Directives  applicable  to  right  of 
residence 
Right to vote and stand in elections 
Access to employment in the public service 
Social security of migrant workers 

2.2.3.1 
2.2.3.2 
2.2.3.3 

2.2.3.4 
2.2.3.5 
2.2.3.6 

2.2.2.12 
2.2.3 

38 

39 
39 

40 
40 
41 

43 
43 
43 
44 

l 

2.2.3.7 
2.2.3.8 

2.2.3.9 
2.2.4 
2.2.4.1 
2.2.4.2 
2.2.4.3 

2.2.4.4 
2.2.4.5 

2.2.5 
2.2.6 
2.2.6.1 

2.2.7 
2.2.7.1 

2.2.8 
2.2.8.1 

to 

in 

applicable 

implementing  Directives 

Recognition of qualifications 
Progress in implementing Directives applicable to  recognition 
of qualifications 
Independent  commercial agents 
Freedom to provide services 
Broadcasting 
Telecommunications 
Progress 
telecommunications 
Financial Services 
Progress  in  implementing  Directives  applicable  to  financial 
services 
Free movement of capital 
Company law 
Progress  in  implementing  Directives  applicable  to  company 
law 
Intellectual  and industrial  property 
Progress  in implementing  Directives  applicable to  intellectual 
and industrial property 
Public procurement 
Progress  in  implementing  Directives  applicable  to  public 
procurement 

! 

2.3 

Removal  of tax barriers 

2.3.1 
2.3.1.1 

2.3.2 
2.3.2.1 

Direct taxation 
Progress  in  implementing  Directives  applicable  to  direct 
taxation 
Indirect taxation 
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 

"45" 

47 
48 
48 
48 
49 

52 
52 

57 
57 
58 

59 
59 

61 
62 

64 

64 

64 

67 
67 

72 

73 

73 
73 
74 
74 
74 

75 

COMPETITION 

1. 

2. 

INTRODUCTION 

SITUATION SECTOR BY SECTOR 
Public enterprises 
2.1 
Monopolies 
2.2 
Progress 
2.3 
competition 

in 

implementing  Directives 

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 
employment  and social policy 

implementing  Directives 

AGRICULTURE 

applicable 

to 

applicable 

to 

76 

76 
76 
78 

79 

80 

80 
80 
80 
81 
81 

82 

83 

INTRODUCTION 

1. 

2. 

SITUATION  SECTOR BY SECTOR 
2.1 
2.2 
2.3 

83 
83 
Markets 
Harmonization 
85 
Progress in implementing Directives applicable to agriculture.  88 

FISHERIES 

1. 

2. 

9 

• 

INTRODUCTION 

SITUATION  SECTOR BY SECTOR 
2.1 
2.2 
2.3 

Markets 
Resources 
Compatibility  with  Community  law of national  legislation  on 
the grant of flag rights to fishing vessels 

90 

90 
90 
90 

91 

ENVIRONMENT 

1. 

2. 

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 
Actionneeded 

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 
environment 

implementing  Directives  applicable 

". 

to 

the 

TRANSPORT 

1. 

2. 

INTRODUCTION 

SITUATION  SECTOR BY SECTOR 
Road transport 
2.1 
Combined transport 
2.2 
Inland waterways 
2.3 
Rail transport 
2.4 
Sea transport 
2.5 
Airtransport 
2.6 
Summertime 
2.7 
Progress in implementing directives applicable to transport... 
2.8 

ENERGY 

1. 

2. 

INTRODUCTION 

SITUATION  SECTOR BY SECTOR 
2.1 
2.2 
2.3 
2.4 
2.5 

Transparency of prices 
Internal market for electricity and natural gas 
Energy efficiency 
Oilandgas 
Progress in implementing directives applicable to energy 

- 

92 
92 
93 
93 
94 
95 
97 
98 

99 
99 
100 
101 
102 
103 
104 
106 

107 

109 

109 
109 
110 
110 
I ll 
I ll 
113 
113 
114 

115 

115 
115 
115 
115 
116 
117 

STRUCTURAL FUNDS AND COMMUNITY LAW 

BUDGETARY MATTERS 

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 
Judgements of the Court of Justice not yet implemented 
Application of Community law by national courts 

118 

120 

121 

122 

124 
132 
140 
166 
438 
460 

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  Declaration  Nol9 
annexed  to  the  treaty  signed  at Maastricht  on  7 February  1992).  The report  also  meets 
requests from the European  Council and the Council for  information on specific sectors. 

As  Parliament  declared  in  its  1983  Resolution,  "the  uniform,  complete  and  simultaneous 
application  of  Community  law  in  all  Member  States  is  a  fundamental  prerequisite  for  the 
existence  of  a  Community  governed  by  the  rule  of  law".1  That  is  the  measure  of  the 
importance  of  the  Commission's  function  of  guardian  of  the  Treaties,  conferred  on  it  by 
Article  155 of the EC  Treaty.  The Commission  has  a  specific  means  of giving  effect  to  its 
responsibility  in this  respect  - the  infringement  procedure  laid  down  by  Article  169  of the 
Treaty. 

1996 was  a good  year for  the application  of Article  169, as can be  seen from the  statistics 
(fall  in number  of  complaints)  and  the  measures  taken  by the  Commission  to  improve  the 
operation and effectiveness  of the infringement  procedure. 

The  Commission  adopted  a  series  of  measures to  improve  its working  methods  and  make 
the management  of procedures  quicker,  simpler  and  more transparent.  The measures taken 
by  it  and  applying  to  all  its  departments  were  supported  by  more  specific  measures 
regarding  the  internal  market  (communication  on  the  impact  and  effectiveness  of  the 
internal  market2)  and  the  environment  (communication  concerning  the  implementation  of 
Community environment law3). 

These  improvements  have  already  produced  an  impact  on  the  statistics  for  the  past  year, 
particularly as regards the number of decisions notified  to the Member States. 

î 
2 
3 

Point 1. 
COM(96) 520  final. 
COM(96) 500 final;  see point  1.1  of the environment  chapter. 

6 

Analysis of the results reveals four  major trends: 

the number  of decisions  serving  Article  169 letters  or  reasoned  opinions  on  Member 
States is up quite sharply; 

v 

the  number  of  complaints  is  down  by  15%.  This  pattern  -  already  observed  in  the 
thirteenth report  - follows  on from a relatively  stable period  as regards the number  of 
complaints.  The thirteenth  report  offered  a number  of explanations.  The  scale  of the 
decline in  1996 is such that the matter must be raised again this year; 

the number of cases terminated remains high; 

there has been sustained activity in the form of package meetings on directives. 

The  statistics  on  progress  in  implementing  directives  merit  special  attention. There  was  a 
slight improvement  in the rate of notification  of national implementing measures in 1996. 

The  Commission  is  not  only  endeavouring  to  improve  its  working  methods.  It  is  also 
determined  to make full use of all the rights conferred  on it by the Treaties. For instance, it 
adopted  a  memorandum  concerning  the  implementation  of  the  second  subparagraph  of 
Article  171(2)  of  the  EC  Treaty4  and  a  method  of  calculating  the  penalty  payments 
provided  for  by  that  Article,5  which  it  applied  in  January  1997,  the  first  time  the  new 
provisions introduced  at Maastricht were applied in practice. 

It  was  also  at  pains  to  ease  the  task  of  the  European  Ombudsman,  following  his  first 
investigation  into  the  Commission's  management  of  infringement  proceedings,  in  strict 
compliance with the two sides' respective jurisdictions. 

This introduction will consider five points in turn: 

I.  MEASURES  TO IMPROVE THE INFRIGNEMENTS  PROCEDURE 

H. 

STATISTICAL TRENDS IN 1996 

HI.  PROGRESS IN IMPLEMENTING  DIRECTIVES IN 1996 

IV.  THE  IMPLEMENTATION  OF  THE  SECOND  SUBPARAGRAPH  OF 

ARTICLE  171(2) OF THE EC TREATY 

V. 

INITIAL  INVESTIGATIONS  BY  THE  EUROPEAN  OMBUDSMAN  INTO 
INFRINGEMENT  PROCEEDINGS 

4 
5 

96/C 242/07, OJ No C 242, 21.8.1996, p. 6. 
Adopted on 8 January  1997: OJ No C 63, 28.2.1997, p. 2. 

7 

I.  MEASURES TO IMPROVE THE INFRINGEMENT PROCEDURE 

The object  of the  infringement  procedure  laid  down  by the EC  Treaty  is to  cause 
Member States to rectify  infringement  situations before coming to the litigation stage 
proper.  The action in the Court  of Justice is preceded by at  least  two pre-litigation 
stages (the "Article  169 letter" and the reasoned opinion), each of which necessitates 
a  Commission  decision.  This  multi-stage  procedure  obviates  the  need  for  a  Court 
action in more than 80% of cases,6 but it is by definition time-consuming. 

While the Commission must seek to have the situation rectified, it cannot do so at nay 
price. It  cannot  accept  excessively long reply periods,  or absence of  a reply,  or the 
dilatory replies sometimes received from Member States, and must do what it can to 
reduce the time taken to scrutinize a case. 

The  Commission's  concern  to  streamline  the  infringement  procedure  has  already 
prompted  a  series  of  improvements  to  working  methods,  most  recently  in  1993. 
Lengthening 
internal 
procedures,  a  degree  of  confidentiality  that  is  perceived  as  excessive  and  repeated 
requests from Parliament  for  greater  speed  and transparency7  militated  in favour  of 
improvements on three fronts: 

timespans,  cumbersome  and  sometimes 

inappropriate 

-  quicker processing of cases (A); 

-  simplification of internal procedural rules (B); and 

-  transparency of Commission decisions in infringement  cases (C). 

A.  QUICKER PROCESSING OF CASES 

The  Commission,  as  invited  by  Parliament's  Resolution  on  the  twelfth  report'8 
adopted a number of measures, of which three are especially noteworthy: priorities in 
the  processing  of  complaints  (i),  stricter  adherence  to  time-limits  for  opening  and 
terminating proceedings (ii) and quicker preparation of reasoned opinions (iii). 

(i) 

In the  Article  169 procedure,  all  complaints  are  registered  and  passed  on  for 
departmental  scrutiny  irrespective  of  the  seriousness  of  the  alleged  facts  or 
infringements  of Community law and  whether  or  not  they  are  of "Community 
interest".  The Commission has nonetheless established  certain  priorities for the 
processing  of  complaints,  as  certain  alleged  infringements  can  be  dealt  with 
outside  the  Article  169  procedure,  for  instance  by  a  direct  approach  to  the 
Member States' authorities. The priorities are as follows: 

6 
7 

8 

See Annex II, table 2.3, 
Points 23 and 25 of Parliament's Resolution on the twelfth  report and point 8 of its Resolution on 
the thirteenth report. 
Points 23 and 25. 

8 

infringements  which  cause  the  greatest  harm  for  the  Community  legal"order, 
i.e. failure  to  transpose  directives  and  failure  of  national  measures  to  comply 
with Community law in general; 

horizontal  cases  of  incorrect  application,  particularly  those  detected  from  a 
series of specific complaints by individuals; 

infringements  that  seriously  violate  the  interests  that  the  relevant  legislation  is 
supposed to  protect; 

infringements  in relation to Community  cofinancing. 

This is not  say, of course, that non-priority cases are actually neglected. 

(ii) 

To  speed  up the  processing of infringement  cases, the  Commission  has  insisted 
on adherence to  internal procedural  deadlines.  The rule  is that  in any  suspected 
infringement  case the decision to  commence  proceedings  (Article  169 letter)  or 
to  terminate  them  must  be  taken  within  the  year  following  registration  of  the 
complain;  or  the  own-motion  detection.  Obviously  this  will  be  tricky  where 
negotiations  are  in  progress  with  the  Member  State  attacked  or  where  that 
Member  State  has  announced  measures.  Even  if  the  Commission  accepts 
exceptions  from  the  time-limit  where  it  is  clear  that  the  Member  State  will  be 
rectifying  the situation, it has nonetheless  opted  for  strict rules,  as the  credibility 
of its action depends very much on the speed with which it acts. 

This  being  so,  the  decision  to  send  an  Article  169  letter  can  be  taken  all  the 
sooner; it is not the outcome of negotiations with the Member  State but  rather a 
valuable  stage  in  the  negotiations.  What  the  letter  does  in  fact,  according  to 
Article  169,  is  to  call  on  the  Member  State  to  "present  its  observations".  It 
therefore  seems important to give the letter its full  function;  the Member  State is 
not  condemned  but  simply  given  the  opportunity  to  explain  its  action.  With  it, 
the  Commission  pursues  two  objectives:  strict  compliance  with  the  principle  of 
the  adversary  procedure  and  assistance  to  the  Member  State  in  rectifying  the 
situation  before  taking the case to the Court  of Justice. The Commission  is thus 
restoring  the  genuine  function  of  the  Article  169  letter,  which  is  to  facilitate 
veritable  dialogue with the Member  State in full  respect  for  its  rights,  and  to  do 
so at the earliest possible opportunity. 

(iii) 

The  Commission  has  taken  the  measures  needed  to  ensure  that  from  1997 
onwards  the  text  of  the  reasoned  opinion  will  be  ready  before  the  decision  to 
issue  it  is  taken.  The  Member  State  will  then  be  apprised  of  it  in  advance, 
whereas hitherto there was an interval of sometimes  several months between the 
decision to issue the reasoned opinion and its actual issuance. 

B. 

SIMPLIFICATION OF PROCEDURAL RULES 

Simplifying  the  procedural  rules for  processing  infringement  cases  entails lightening 
the general burden of work at departmental  level and the work  of preparing the full 
em's  discussions  while  keeping  pace with  the volume  of  cases  to  be  handled.  For 
instance, there  is greater  use of  the  simplified  termination  procedure  for  suspected 
infringements,  where  cases  are  closed  without  going  through  the  full  set  of  stages 
usually  applicable.  Cases  are  closed  by  the  simplified  procedure  after  the  Legal 
Service has approved and the proposal has been referred  to the full Commission. It is 
possible only in cases where either the complaint is clearly unfounded  or the requisite 
evidence is lacking or the complainant does not follow the case up. 

C.  GREATER TRANSPARENCY IN COMMISSION DECISIONS 

The  Commission  reviewed  the  rules  governing  the  publicity  surrounding  its 
infringement  decisions  in  the  light  of  the  general  evolution  of  attitudes  to 
transparency,  its  own  determination  to  make  its  action  more  visible  and  repeated 
requests from Parliament.9 

Publicity is now the general rule for decisions to issue reasoned opinions and referrals 
to the Court of Justice; a press release will always be put out, unless the Commission 
decides  otherwise,  without  awaiting the  actual  issuance  or  referral.  A copy will be 
sent to the Member State before publication. 

Before  1996, Commission press releases concerning infringement  decisions were the 
exception rather than the rule. The new policy has already borne fruit,  as there were 
32 press releases on internal market  matters  alone in  1996.  There were a further  19 
concerning the environment, two concerning transport and one in a social case. Many 
of these press releases covered several cases. A good number were cited in both the 
international and the national or regional press. Termination decisions were often also 
announced in press releases. 

There  has  been  no  change  in  relation  to  Article  169  letters;  the  principle  of 
confidentiality  always  applies  here,  though  not  in  cases  based  on  Article  171  or 
proceedings  for  failure  to  notify  national  measures  implementing  directives. 
Otherwise,  an  express  Commission  decision  is needed  to  authorize  a press release. 
Article  169 letters never contain the Commission's final decision,  being designed  to 
help the Member State rectify the situation. 

The Commission's actual decisions, of course, remain confidential. 

Point 8 of the Resolution on the thirteenth report. 

10 

II. 

STATISTICAL TRENDS IN  1996 

Analysis  of  the  infringement  proceedings  statistics  for  1996  yields  a  bright  result; 
among other things, the number of complaints is down. 

There are four  major trends: 

declining number of complaints,  cases to which attention  is drawn by MEPs and 
cases detected by the Commission's own investigations (A), 

continued high frequency of cases terminated (B), 

sharp increase in the number of Article  169 letters and reasoned  opinions sent by 
the Commission to Member  States (C), 

sustained  activity regarding package meetings and missions on directives (D) 

A.  DECLINING  NUMBER  OF  COMPLAINTS,  CASES  TO  WHICH 
ATTENTION  IS  DRAWN  BY  MEPS  AND  CASES  DETECTED  BY  THE 
COMMISSION'S OWN  INVESTIGATIONS 

The  number  of  complaints  fell  by  14%,  from  955  in  1995  to  819  in  1996.  The 
downward trend began in  1995 (with a  19.8% fall from the  1994 figure of  1145). 

The  number  of  cases  detected  by the  Commission's  own  investigations  fell  by 13%, 
from  297 to 257. This is a reversal of the past trend. 

The total  of  1076 (819 new  complaints  + 257 new  cases  detected  in  1996) reflects  a 
contrasting  set  of  realities.  The  number  of  complaints  and  cases  is  up  sharply  in 
Austria  (+15.5%), Finland  (+17.8%)  and  the  United  Kingdom  (+82%).10  It  is down, 
sometimes  sharply,  in  Italy  (-1.4%),  Sweden  (-3.8%),  Denmark  (-8.4%),  Germany 
(-9.4%),  Belgium (-28.8%),  Portugal  (-30.8%),  France  (-31.5%),"  Spain (-32.7%),12 
Ireland  (-34%),  Luxembourg  (-36%),  the  Netherlands  (-41.6%)  and  Greece  (-
41.7%). 

Review of the figures sector by sector reveals a sharp fall in the number of complaints 
and  cases  detected  in relation  to  the  environment  (down  by 27%» from 265  to  207  -
more  than  a  quarter  in  Spain)  and  a  moderate  rise  in  the  internal  market  (up  5.3% 
from  483  to  512).  The  decline  is continuing  in  customs  and  indirect  taxation  (44  as 
against  62, a drop  of 29%) and  agriculture  (136 as against  159, a drop  of  15.5%). In 
transport,  the  decline  reverses  the  downward  trend  of  recent  years:  after  a  sharp 
increase in  1995 (from  48 to  82), the number  of complaints  and  cases detected  fell  to 
53 (-35.5%). 

IO 

11 
12 

The United Kingdom figures  are hardly  meaningful,  as there was an avalanche of complaints  (76) 
about the rules applicable to London taxis. 
Half the cases concern the internal  market. 
Half the cases concern the environment. 

11 

These figures are not  easy to  interpret.  In the  thirteenth  report,  the  Commission" put 
forward  a number of hypotheses. 

The falling  number of  complaints 

There  are  a  variety  of  reasons  for  the  decline  in  the  number  of  new  infringements 
reported. A number of positive signs are worth highlighting: 

there appears to be an objective  improvement  in the enforcement  of Community 
law  by  the  Member  States,  as  can  be  seen  from  the  simultaneous  fall  in  both 
complaints and cases detected;  * 

there  also appears to  be an  improvement  in the enforcement  of  Community  law 
by  the  Member  States,  through  the  national  courts.  The  fact  that  in  1991  the 
Court  of Justice  acknowledged  that  individuals  might  have  redress  possibilities 
in actions based on Community law (action for  damages against  a Member  State 
not complying with Community law) may have contributed to the phenomenon; 

the  Commission  is  notified  only  of  infringements  that  are  genuinely  within  its 
jurisdiction; 

after  the  31 December  1992 watershed,  the pattern  of  Union  legislative  activity 
shifted:  the  main  single  market  instruments  were  in  place,  and  the  Community 
moved  on to  a period  devoted  to  consolidation  and  management  of the  acquis. 
The  recent  years'  relative  decline  in  the  volume  of  new  legislation  has 
undoubtedly  reduced  the  number  of  national  implementing  measures  to  be 
checked  for  conformity  and  a  concomitant  drop  in  the  opportunities  for 
infringements. 

There is a possible  technical  explanation:  before  asking the  Secretariat-General 
to  register  an  incoming  letter  as  a  complaint,  some  departments  first  exchange 
correspondence with the original writer to ensure that the matter really is one for 
a  complaint  to  be  handled  by  the  Article  169  procedure.  In  many  cases,  for 
instances,  the  original  is  not  explicit  enough.  This  more  rigorous  approach  to 
processing  complaints  may  have  had  an  impact  on  the  total  number  of 
complaints registered. 

Certain  negative  phenomena  may  also  help  to  explain  the  drop  in  the  number  of 
new cases: 

potential  complainants  are losing interest  in the infringement  procedure  as being 
too  slow  and  unlikely  to  modify  their  legal  position:  the  limited  effects  of  the 
procedure  (confined  to  a  declaratory judgment  by the  Court  of  Justice  with  no 
possibility  of  an  order  to  pay  damages  such  as  an  ordinary  court  might  make) 
may well be having a dissuasive  effect; 

knowledge of Community  law is perhaps difficult  to  come by,  and  the  ordinary 
citizen is not familiar,  or not familiar  enough,  with it.  The  slight  increase in the 
frequency  of questions  put  to  the  Court  of  Justice  for  preliminary  ruling  bears 
this out; 

12 

Parliament's  Resolution  on  the  thirteenth  report  echoes  this  phenomenon: 
"[Parliament]  expresses  its  concern at  the  lack of public  enthusiasm for  the 
European integration process and takes the view that this phenomenon  might 
be due both to a  lack of appropriate  information and to the adoption  of acts 
which sometimes have no bearing on public concerns";13 

as regards the environment, the decline in the number of complaints  does, not 
necessarily reflect an improvement in environmental performance. 14 

This is not the place for  unverifiable  conjectures  or  hypothetical  scenarios. What is 
certain is that  the Commission wishes to  construct  a people's  Europe whose doors 
are always open to complainants. 

Yet the Commission is perceived  as capable of solving every individual  situation  - a 
kind of Community Supercourt,  as it were - whereas in fact the object  of the Article 
169 procedure is to induce a Member  State to come back into line with Community 
law.  The  citizen  is  not  party  to  a procedure  which  cannot  in  any  case  change  his 
personal  situation, but he plays a valuable detection  and  information  role. It  should 
not be forgotten that the citizen can rely on Community law in the national courts and 
have rights conferred  by Community law secured by them. Annex VI takes stock of 
what the national courts have done in this respect. 

There  is  thus  a  gap  between  what  the  Commission  can  do  and  what  the  citizen 
expects of it. The decline in the number of infringements brought to the Commission's 
notice may well be due to public opinion's misunderstanding of its function. 

To  remedy  this  situation,  the  Commission  should  make  its  role  in  infringement 
proceedings  clearer.  The  forthcoming  publication  in  the  Official  Journal  of  a  new 
complaint  form  will be a step  in this direction,  as it  will provide  an opportunity  to 
describe  the  various  redress  procedures  available  to  individuals  -  the  possibility  of 
action in the national courts and the Community infringement  procedure. On the latter 
point,  the  Commission  will  show  what  it  is  doing  to  speed  up  the  complaints 
procedure  and  make  it  more  transparent  while  making  the  Article 171  penalties 
provisions more dissuasive. 

Moreover,  proposals for financial penalties in Article  171 proceedings  should have a 
dissuasive impact on Member  States, boost the efficacy  of infringement  proceedings 
and  thus  offer  the  citizen  an  incentive  to  come  to  the  Commission  more  often, 
knowing  that  doing  so will  serve  a useful  purpose.  Even if that  is not  the primary 
object  of the procedure,  at  least  it will  help ensure that  many specific  cases can be 
settled. 

13 
14 

Point 8. 
Point  1.4 of the environment  chapter. 

13 

The declining number of cases reported by MEPs 

The  number  of  cases  direct  recorded  as  a  result  of  parliamentary  questions  is 
also  down  (20  in  1996  as  against  34  in  1995).  Five  of  them  concern  public 
procurement  and  four  concern  barriers  to  free  movement  of goods.  New  cases 
were  also  registered  as  a  result  of  petitions  in  1996.  They  included  the 
conditions  for  access  to  French  universities  and  the  enrolment  fees  charged  by 
the General Medical  Council.15 As the Commission  pointed  out  in the thirteenth 
report, the figures need interpreting with care: in addition to these figures,  MEPs 
report infringements  situations which the Commission may already have detected 
itself or on which it may have received a  complaint. 

The declining number of cases detected by the Commission's own investigations 

The declining number of cases detected by the Commission's  own  investigations 
is  explained  in  part  by  the  fact  that  departments  take  advantage  of  direct 
contacts  with  Member  States  to  press  for  rectification  of  an  infringement 
situation  quite  outside  the  official  procedure.  They  then  seek  to  obtain 
instance,  of  a  technical  standard,  and  they  commence 
notification,  for 
infringement  proceedings  only if there is a repeated  refusal  and  the dispute  with 
the Member  State persists. 

The Commission's wish to scrutinize infringements  within a reasonable period  of 
time and consequently to give cases already in motion priority  over new cases is 
a further  part  explanation. 

B.  CONTINUED  HIGH  FREQUENCY  OF CASES  TERMINATED 

Parliament's  Resolution  on  the  thirteenth  report  asks  the  Commission  to  be 
transparent  as to the reasons for its decisions to take no action.16 

The number of cases terminated  fell by  14% from  2043 in  1995 to  1771 in 1996. 

The reasons vary from  case to case. 

The  number  of  confirmed  infringement  cases  closed  (cases  in which  the  Article  169 
letter  had  already  been  sent  to  the Member  State) was  1344 in  1995. In  1996 it  was 
877,  down  by  34%.  This  is  generally  seen  as  evidence  that  the  Member  State  has 
rectified  an  infringement  that  the  Commission  regarded  as  proven,  though  it  also 
includes cases where the Member  State has convinced  the Commission  that  it was in 
the  right.  In  1996  it  was  more  difficult  to  induce  the  Member  States  to  rectify 
situations  than  in  earlier  years.  This  borne  out  by  the  slight  rise  in  the  number  of 
referrals to the Court  of Justice (93 referrals as against  72 in 1995). 

15 
16 

Petitions 40/96 and 877/95. 
Point 8. 

14 

The cases terminated  regarding  established  infringements  must  be  distinguished  from 
the  874  cases  terminated  concerning  suspected  infringements,  complaints  or  cases 
detected.  The  sharp rise in the number  of  suspected  infringement  cases terminated  is 
without  a  doubt  the  result  of  strict  application  of  the  one-year  time-limit  separating 
registration  of  the  case  and  the  initial  decision  on  the  substance;  many  such  cases 
were  terminated  simply  because  the  Commission  was  unable  to  establish  the 
infringement  within the year. 

C. 

SHARP  INCREASE  IN  THE  NUMBER  OF  ARTICLE  169  LETTERS  AND 
REASONED  OPINIONS  SENT  BY  THE  COMMISSION  TO  MEMBER 
STATES 

In  1996,  the  Commission  notified  1587  decisions  issuing  Article  169  letters  or 
reasoned  opinions  and  made  93  new  referrals  to  the  Court  of  Justice,  a  historic 
record. 

Reasoned opinions account for the lion's share of the increase. 

In  1996, the Commission  issued 435 reasoned  opinions, 224% up  on the  1995  figure 
of  194.  Measures  taken  in  1996  to  speed  up  the  procedures  are  beginning  to  bear 
fruit.  The  delays  observed  in  earlier  years  have  been  partly  made  up,  and  there  is  a 
significant  fall  in  the  number  of  reasoned  opinions  awaiting  notification  ("reasoned 
opinions for execution without time-limit"). 

The number  of Article  169 letters  sent in  1996 was up  slightly, by 9%  (from  1044  to 
1142).  This  is  probably  due  to  new  Commission  instructions  to  departments  to 
propose  sending  the  letter  more  quickly,  as  soon  as  they  have  adequate  evidence  to 
ground a presumption, while preserving its status as a request for  observations. 

The  number  of  new  referrals  to  the  Court  of  Justice  rose  from  72  in  1995  to  93  in 
1996. 

These decisions - Article  169 letters, reasoned  opinions and referrals  - mostly concern 
cases of failure to notify  national measures transposing directives, as can be seen from 
table 2.2. Point III specifically  concerns progress in transposing directives in 1996. 

D. 

SUSTAINED  ACTIVITY  REGARDING  PACKAGE  MEETINGS  AND 
MISSIONS  ON  DIRECTIVES 

In  its  opinion  on  the  thirteenth  report,  Parliament's  Committee  on  Petitions  made  a 
number  of observations  on  package  meetings:17  the  Commission  therefore  believes it 
must report on activities in 1996. 

17 

Opinion of  16 December  1996 (PE 216.821/déf,  p. 20). 

15 

(i)  Package  meetings  are  devoted  mainly  -  but  not  exclusively  -  to  the  internal 
market  and  the  environment.  There  were  package  meetings  on  barriers  to  free 
movement  of  goods  with  eight  Member  States  -  the  Netherlands,  Austria, 
Germany,  Spain, France,  Greece,  the United  Kingdom  and  Portugal.  Out  of the 
172 infringement  situations  discussed  with  the  Member  States,  a  solution  was 
found  in 73, i.e. 42%. 

(ii)  Depending  on  actual  needs,  the  Commission  organizes  several  meetings  on 
directives  in  the  Member  States  each  year.  Their  main  purpose  is to  consider, 
with the authorities of the Member  State, the progress made in notifying  national 
measures implementing directives in all areas where they have been adopted  and 
look  into  any  points  where  notional  provisions  may  not  be  in  conformity  with 
Community law. 

Of  the  various  meetings  of  this  type  organized  in  1996,  those  in  the  three  new 
Member  States  are  particularly  noteworthy.  They  were  especially  fruitful,  as  the 
national  authorities  were  extremely  cooperative.  They  contributed  greatly  to  the 
considerable improvement in the rate of transposai of directives in those countries. 

HI.  PROGRESS  IN IMPLEMENTING  DIRECTIVES IN 1996 

A.  NOTIFICATION  OF TRANSOSAL  MEASURES 

The number  of infringement  proceedings  commenced  in  1996 for  failure  to  transposai 
was considerably higher than in  1995 (1097 as against 799). 

The  table  below  gives  an  overall  picture  of  the  rate  of  notification  of  national 
measures  implementing  all  the  directives  applicable  on  31  December  1996.  The 
number  of new  directives  coming  into force  this year was lower than  in the  previous 
year.  Once  again, the effects  of  a Community  that  is now  legislating  less  intensively, 
for the reasons already mentioned,18 are being felt. 

is 

Point II-A. 

16 

PROGRESS  IN NOTIFYING NATIONAL MEASURES  TRANSPOSING 
COMMUNITY  DIRECTIVES 
Situation  at 31 December  1996 

Member  State 

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

Directives 
applicable on 
31.12.1996 
1311 
1310 
1313 
1304 
1314 
1310 
1310 
1310 
1309 
1310 
1306 
1311 
1306 
1308 
1309 

Directives for which 
measures have been 
notified 
1215 
1285 
1227 
1189 
1245 
1203 
1218 
1181 
1223 
1275 
1153 
1204 
1057 
1227 
1233 

% 

92.68 
98 
93.45 
91.18 
94.75 
91.83 
92.98 
90.15 
93.43 
97.32 
88.28 
91.84 
80.9319 
93.80 
94.19:: 

On  31  December  1996,  the  Member  States  had  on  average  notified  92.8%  of  the 
national  measures  needed  to  implement  the  Community  directives  applicable.  This is 
higher  than  the  figure  for  1995  (90.7%).  But  the  performance  of individual  Member 
States is variable. 

Attention is drawn to the spectacular improvement  in the notification  rate for  Finland, 
up from 70.5%» to 80.93%,  and for  Sweden, which, only two years after  accession, his 
risen from  6th to  5th place in the ranking. 

As  the  thirteenth  report  already  observed,  these  high  rates  conceal  contrasting 
realities. 

There is no denying that, in certain areas, even for  directives adopted many years ago, 
the  rate  of  notification  of  national  implementing  measures  is  improving  only  very 
slowly.  The  public  procurement  directives  are  a particular  example.21  In  some  cases 
the rates nave even fallen  on  account  of failure  to transpose  some  of the more  recent 
directives.22 

19 

20 

21 

22 

The notification  rate for  Finland  is actually much higher than  this if the problem  of transposing 
directives in the Aland Islands are disregarded. 
The  United  Kingdom  notification  rate  disregards  the  implementation  of  directives  in  Gibraltar, 
monitored on a special basis. 
See point 2.2.8.1. 
See progress in implementing directives applicable to telecommunications, point 2.2.4.3. 
17 

Elsewhere,  there  has  been  substantial  improvement.  The  comparison,  for  instance, 
between  progress  in  implementing  the  directives  applicable  to  recognition  of 
qualifications  in  1995 and  1996 is particularly  eloquent.23 

There  are  many  areas,  consumer  policy  among  them,  where  the  majority  of 
Member States tend to adopt implementing measures only after the prescribed date.24 

2.  CONFORMITY  OF TRANSPOSAL  MEASURES 

The quality of transposai is, of course, as important  as the fact  of transposai. 

The efficacy  of package meetings in removing  cases of non-conformity  in many areas 
is  worth  highlighting.25  It  would,  incidentally,  be  much  easier  to  scrutinize  national 
measures  for  conformity  if  the  Member  States  routinely  supplied  the  Commission 
with  tables  of  concordance  between  corresponding  Community  and  national 
provisions26 

3.  APPLICATION  OF TRANSPOSAL  MEASURES 

The  main  cases  of  incorrect  application  by  the  Member  States  of  national  measures 
that  are  in  conformity  with  Community  law  are  considered  in  the  sector-by-sector 
chapters  below.  But  one  area  where  problems  abound  is  the  application  of  the 
directives  relating to  recognition  of vocational  qualifications  and  restrictions  contrary 
to  Articles  52  and  59  of  the  EC  Treaty.  The  Commission  received  thirty  or  so 
complaints in  1996.27 

IV. 

IMPLEMENTATION  OF  SECOND  SUBPARAGRAPH  OF  ARTICLE  17U2) 
OF THE EC TREATY 

The second  and third  subparagraphs  of Article  171(2) of the EC Treaty  (Commission 
actions in the Court of Justice against Member  States violating Community law) read: 

"If the Member  State concerned fails  to take the necessary measures  to comply with 
the  Court's judgment  within the  time-limit  laid  down  by  the  Commission,  the latter 
may  bring  the  case  before  the  Court  of  Justice.  In  so  doing  it  shall  specify  the 
amount  of  the  to  be  paid  by  the  Member  State  concerned  which  it  considers 
appropriate  in the circumstances. 

If  the Court of Justice finds  that the Member  State concerned has not complied with 
its judgment  it may impose a lump sum or penalty payment  on it. " 

23 
24 
25 
26 
27 

Point  2.23.8.  The  trend  in  company  law  is  similar:  see  point  2.2.6.1. 
See  consumer  policy  chapter. 
See, for  instance,  point  1.3  of the  environment  chapter. 
Ibid. 
Sec  point  2.2.3.7. 

18 

There are many areas where the Commission,  subject to review by the Court, "has the 
power to order financial penalties.  It enjoys a power of proposal which the authors of 
the Treaty did not see fit to spell out.  The only provision is that the penalty  must be 
n appropriate in the circumstances ". 

It  follows  that  the Commission  could  not act on the new Treaty  provision  without 
first setting out the lines it would  follow  and without  giving the Member  States  fully 
transparent  information  as to the criteria  and methods  of calculation  it would  apply 
when proposing  penalties to be imposed  on Member  States  for infringements  of the 
infringement  procedure. 

Parliament  has regularly  called  on the Commission  to  act  under  Article  171 and 
propose that the Court of Justice impose penalties.28 

The Commission  proceeded  in two stages.  It began by adopting  a memorandum  on 
applying  Article  171 of  the  EC  Treaty,29  which  was  followed  by  a  method  of 
calculation30 for penalties  to be proposed  to the  Court  of Justice  under  the Article. 
The points made below are in response to a request from Parliament's  rapporteur on 
the  thirteenth  report;31  their  purpose  is to outline  the two documents,  to which the 
reader is referred. 

A.  THE MEMORANDUM  OF 6 JULY 1996 

The Commission memorandum set out to "publicly state the criteria it means to apply 
in asking the  Court to impose monetary penalties", bearing in mind that  these  criteria 
would be gradually refined  after  being applied in individual cases. 

The  Commission  has  a  discretionary  power  to  act  in  the  Court  of  Justice  for 
infringement  of Article  171. Where it exercises  that  power,  it must  state  its view on 
the penalties question,  even if it is able to give good grounds for not proposing them. 

The  amount  must  be determined  with  an eye to the actual  purpose  of the penalty, 
which  is to  "ensure  that  Community  law is  effectively  enforced"32  and to  "secure 
compliance  as rapidly  as possible"33  That  is the reasoning  behind  the Commission's 
preference  for periodic  penalties  as the most  appropriate  instrument  for achieving it. 
Â periodic penalty is payable by a Member  State per day of delay; time runs from the 
date on which the Court's judgment  is served  on it until the date  when it puts a  final 
end to the  infringement. 

28 

29 
30 
31 
32 
33 

Resolution  on  the  1995  legislative  programme  -  OJ  No  C  225,  30.08.95,  p.  50;  report  of 
report  on 
Legal  Affairs  and  Citizens'  Rights  Committee,  4.1.1996,  on  the  twelfth  annual 
monitoring  the application  of Community  law (PE 214.598def)-  See also  point  20 of the  Resolution 
on the  thirteenth  report. 
See footnote 4. 
See footnote  5. 
Point 5 of the explanatory memorandum to the report of 7.1.1997 (PE 216.821  def). 
Point 5. 
Point 4. 

19 

The daily penalty must be calculated  on the basis of three fundamental  criteria:' 

.34 

the seriousness of the  infringement; 

its duration; 

the need to ensure that the penalty itself is a deterrent to further  infringements. 

The  infringement  is  by  definition  always  of  the  same  nature.  It  is  failure  to  comply 
with  a  judgment  given  by  the  Court  of  Justice.  That  is  always  of  a  certain 
seriousness.35  But  the  amount  of  the  penalty  must  reflect  not  only  the  fact  of  non 
compliance  but  also  the  seriousness  of  the  infringement  for  which  the  original 
judgment  was  given.  This  is to  be  measured  by two  parameters  - the  importance  of 
the Community rules which have been infringed  and the effects  of the infringement  on 
general and particular interests.36 

The  need  to  ensure  that  penalties  are  really  effective  means  they  must  be  set  at  a 
deterrent  level; purely symbolic penalties are out of the question. 

B.  THE CALCULATION  METHOD OF 8 JANUARY  1997 

Proceeding from the principles  set  out in the  memorandum,  the Commission  adopted 
a calculation  method applicable uniformly to all its departments, to serve as a basis  for 
proposals  to  be made in a foreseeable  and  transparent  fashion.  Although  the  method 
was  formally  adopted  only  on  8  January  1997,37  it  is  inseparable  from  the 
memorandum  and  should be considered  with it. 

Penalties would  be calculated  on the basis of a uniform  flat-rate  amount  of ECU  500 
per  day  of  delay  to  penalize  the  violation  of  the  principle  of  legality  and  the  sole 
jurisdiction  of the Court which applies in all Article  171 cases. 

The  flat-rate  amount  will  be  multiplied  by two  coefficients  reflecting  the  seriousness 
of  the  infringement  and  its  duration.  The  first  will  be  on  a  scale  from  1 to  20;  the 
second will be on a scale from 1  to 3. 

To  achieve  deterrence,  the  result  will  be  multiplied  by  a  "factor  n"  reflecting  the 
ability  of  the  Member  State  to  pay  (based  on  GDP)  and  the  number  of votes  it  can 
cast in the Council. This factor  ranges from  1  for Luxembourg to 26.4 for  Germany. 

The  proposal  for  a  penalty  payment  payable  by  a  Member  State  committing  an 
infringement  considered  by  the  Commission  to  be  at  the  top  of  the  scale  of 
seriousness  and  duration  would  thus  range  from  ECU  30000  for  Luxembourg  to 
ECU 791293 ECUs for  Germany. 

34 
35 
36 
37 

Point  5. 
Point  6. 
Point  6. 
See  footnote  5. 

20 

Given  the  principles  of  certainty  and  non-retroactivity  in  the  law,  it  is  clear  that 
penalties may be imposed  only in respect  of periods  of non-compliance  subsequent  to 
the  entry  into  force  of  the  Treaty  on  European  Union,  that  is  to  say  1 November 
1993.38  And  given  the  time  required  for  the  pre-litigation  procedure  (Article  171 
letter,  reasoned  opinion),  cases  have  only  recently  become  ripe  for  financial  penalty 
proposals. 

The  Commission,  then,  has  a  reliable,  fair  and  transparent  method  which  it  used  to 
decide  on  penalty  proposals  in  several  cases  concerning  two  Member  States  on 
29 January  1997.39 Some of these cases are being settled  or have been  settled  without 
the Court of Justice having to give judgment  or even being asked to do so. 

Annex  V  identifies  all  the  Article  171  proceedings  in  motion.  Ten  of  them  are  at 
reasoned  opinion  stage; five are at the referral  stage. Future  applications to the  Court 
in these cases will contain observations regarding penalty proposals. 

V. 

INITIAL  INVESTIGATIONS  BY  THE  EUROPEAN  OMBUDSMAN  INTO 
INFRINGEMENT  PROCEEDINGS 

In  1996 
proceedings. 

the  Ombudsman  conducted 

initial 

investigations 

into 

infringement 

The  institution  of  Ombudsman,  set  up  by  Parliament  decision  on  12  July  1995,40  is 
now  at  the  operational  phase.  His  first  task  is  to  "deal  with  specific  instances  of 
maladministration. He must provide an effective  means of redress for  citizens who are 
denied  their  legal  rights  or  who  do  not  receive  proper  administrative  treatment  by 
Community institutions or bodies".41 

The Commission has every intention of facilitating  his work cooperating with this new 
Community  entity.  Following  scrutiny  of  an  environment  case  the  Ombudsman 
concluded  that the Commission could  not be accused  of maladministration.  He raised 
the  question  whether  the  complainant  ought  to  be  consulted  as  soon  as  the  lead 
department  envisages terminating  a case and before  the termination  is formally  taken. 
He  criticized  the  Commission  for  having  announced  its  decision  by  a  press  release 
before  the  complainants  had  been  apprised  of  it.  The  Commission  has  now  changed 
its practice  accordingly. 

38 

39 
40 
41 

See conclusions of Advocate-General  Fennelly  in Case C-334/94  Commission v France, presented 
on  16 November  1995, point  17. 
Press release IP/97/63, 29.1.1997. 
OJ No L 225. 22 September  1995. p. 17. 
Annual  report  of the Ombudsman  for  1995, point  1.2.1: OJ No C 234, p. 1. 

21 

1996 was thus a fertile year for monitoring the application of Community law. 

The Commission's  previous  annual reports  stressed  the need to  speed  up  procedures,  to 
secure  greater  transparency  in  its  action  and  to  enforce  Court  judgments  more 
thoroughly. 

The  initiatives  taken  by  the  Commission  in  1996  show  what  effect  has  been  given  in 
practice to the concern to attain the objectives that have been set. 

There is admittedly still room for  improvement. 

Two points need making by way of conclusion. 

To  improve  the  application  of  Community  law,  the  Commission  depends  for  its 
efficiency  on permanent  far-reaching  cooperation from the Member  States,  especially  at 
the pre-litigation  stages  of the infringement  procedure but  also in other  respects  so  that 
recourse  to  the  full  Article  169  procedure  can  be  avoided.42 For  several  years  now  the 
Commission,  as  requested  by  the  Council,  has  been  anxious  to  promote  intensive 
administrative  collaboration  with the Member  States.43 The progress  described  above in 
the  application  of  Community  law  is  the  outcome.  But  more  could  be  done.  Certain 
infringement  proceedings  have  revealed  that  the  Member  States  do  all  give  the 
Commission  all the  cooperation  they  should  under  Article  5 of the  EC  Treaty.  And  the 
decline in the rate of notification  of national transposai  measures in some Member  States 
gives cause for  concern. 

Vigilance by the Commission will not  suffice  on its own to ensure that  all Member  States 
fully  comply  with  Community  law.  The  importance  for  the  infringement  procedure  of 
individuals who are vigilant  about  the rights conferred  by Community  law is well  enough 
known.  And  the  vigilance  of  Members  of the  European  Parliament,  who  enjoy  a  close 
privileged relationship with the European people, is also a valuable aid to  enforcement. 

Lastly,  a few  points  about  the  structure  of  this  report.  As  in previous  years,  there  is  a 
sector-by-sector  analysis of the application of Community law. For the first time, there is 
a  specific  chapter  devoted  to  the  Structural  Funds,  as it  was  felt  useful  to  highlight  the 
powers  available  to  and  used  by  the  Commission  in  the  management  of  the  Structural 
Funds:  it  can  reduce,  suspend  or  even  withdraw  support  where  Community  law  is 
violated.  The  efficacy  of this means  of bringing  pressure to  bear  on the  Member  States 
and  its  relationship  with  the  Article  169  procedure  warranted  new  developments.  The 
Annexes  follow  the  same  pattern  as  in  previous  years  so  as  to  facilitate  statistical 
comparisons. 

42 
43 

See point  5 of Parliament's  Resolution on the thirteenth  report. 
See  the  report  on  cooperation  between  administrations  for  the  application  of  internal  market 
legislation  (COM(96) 20 final). 

22 

Structure of thirteenth report 

V 

This report consists of: 

a sector-by-sector  analysis; 

statistical  tables  updated  to  31 December  1996  concerning  suspected  infringements 
(ANNEX I) and established infringements  (ANNEX  II); 

a  list  of  established  infringements  of  the  Treaties,  Regulations  and  Directives 
investigated in 1996  (ANNEXIII); 

the  application  by  Member  States  of  Directives 
report  on 
31 December  1996, indicating  infringement proceedings  (ANNEX  IV); 

in  force  on 

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

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

23 

AREA WITHOUT INTERNAL FRONTIERS 

1. 

INTRODUCTION 

The  completion  of the  single  market  remains  one  of  the  European  Union's  main 
objectives  and  plays  a  crucial  role  in  economic  growth  and job  creation.  It  has 
required  the  adoption  and implementation  of national  legislation  - much  of it very 
detailed - to remove physical, technical and tax barriers in a variety of sectors. The 
project  has  now  largely  been  completed  and  extended  to  the  new Member  States 
which joined  the  European  Union  at  the  beginning  of  1995.  However,  gaps  still 
remain  in  vital  areas  such  as  taxation  and  company  law.  Furthermore,  existing 
legislation is sometimes applied unevenly or with too much red tape. 

On  26  November  the  Commission  presented  a  communication  to  Parliament  and 
the  Council  on  the  impact  and  effectiveness  of  the  single  market,  in  which  it 
reported  on  progress  made  so far  and  outlined  the  challenges for  the  future.!  The 
message  is  simple.  The  single  market  must  be  consolidated  and  developed.  Its 
smooth  operation  is  a  fundamental  precondition  for  the  next  stage  in  the 
integration  of the European  Union - the establishment  of Economic  and  Monetary 
Union (EMU). If this process of consolidation is to succeed,  a number of measures 
will  have  to  be  taken  at  national  and  Community  level  and  certain  priorities  will 
have to be observed. 

The top  priority  is the  application  of existing  legislation,  i.e.  the  incorporation  of 
the directives establishing the single market  into the national law of every Member 
State.  This  project  received  a boost  at  the Florence  European  Council  on  21  and 
22  June  1996,  which  once  again  stressed  the  single  market's  contribution  to 
economic  growth  and  employment  and  urged  Member  States  to  speed  up  the 
internal  market  directives,  particularly  on  public 
process  of 
procurement  and financial  services. 

transposing 

However,  establishing the single market arhounts to more than simply adopting the 
national  measures  needed  to  implement  existing  directives.  National- authorities 
must  also  ensure  that  the  directives  are  applied  in  practice  and  that  the  basic 
principles  of  Community  law  are  observed,  and  they  must  cooperate  with  the 
Commission  and the other Member  States to achieve this goal. 

In  1993 the Commission  presented  a reference  document  - a strategic  programme 
for  completing,  managing  and  developing  the  single  market2  - which  argued  that 
administrative  cooperation  was  also  a vital  factor  in the  smooth  operation  of  the 
internal  market.  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  took  stock  of  the 

COM(96) 520 final,  31 October  1996. 
Commission  communication  to  the  Council  of  22  December  1993,  "Making  the  most  of  the 
internal  market  - Strategic  Programme"' COM(93) 632  final. 

24 

situation  in  a  report  on  cooperation  between  administrations  for  the  enforcement 
of internal market  law, which it laid before  the Council and  Parliament.3 

Still  on  the  subject  of  administrative  cooperation,  it  is  worth  mentioning  the 
Karolus  exchange  programme  for  officials  from  the  Member  States,  which  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  receiving  officials  from  national 
government  departments. By  10 October  1996 a total  of 377 exchanges had taken 
place.  A  similar  programme,  Matthaeus,  was  launched  in  1991  for  officials 
working in the customs  field. 

As guardian of the Treaty, the Commission  keeps a constant  eye on the  transposai 
and  effective  application  of  internal  market  legislation  at  national  level.  For  each 
Council  meeting  on  the  internal  market,  it  presents  a  report  on  the  state  of  play 
regarding  the  incorporation  into  national  law  of the  measures  set  out  in the  1995 
White Paper  on the internal  market  and  other legislation  of particular  relevance  to 
the  smooth  operation  of the internal  market.  Of the  275 White Paper  measures  in 
ecember  1996, 219 required  national  implementing  measures, 93.8% 
force  at  3 ' 
of which had  een notified  by the Member  States. 

Despite  this  rather  high  percentage,  there  are  still  serious  delays  in  certain  key 
sectors,  such  as  public  procurement,  financial  services  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. 

The  Commission  also  takes  a  keen  interest  in  the  quality  of  implementing 
measures,  since  the  incomplete  or  incorrect  transposai  of  Commumty  legislation 
can  lead  to  unequal  treatment  between  Member  States  and  raise de facto  barriers 
to free movement which the single market is actually meant to eliminate. 

Another  priority  is to  put  the finishing  touches to  the  legislative  framework  of the 
single market  by incorporating  the  main  proposals  set  out  in the White  Paper  and 
organizing the liberalization of certain  sectors not  covered  by that  programme.  For 
example,  Community  legislation  on  company  law  is  incomplete,  with  the  result 
that European firms are faced  with barriers to their mobility. It is now vital that  the 
Member  States  reach  agreement  on  a  statute  for  a  European  company.  On  the 
indirect taxation front, the only way to resolve the existing problems is by adopting 
a  definitive  system.  The free  movement  of  persons  will  not  become  a  reality  until 
essential  security  measures  are  in  place.  Finally,  completion  of  the  single  market 
also requires the liberalization  of sectors such as gas and  electricity,  which  are still 
the province  of national  monopolies.  Moreover,  the  single  market  will  have  to  be 
adapted  to  new  technological  challenges,  such  as  the  creation  of  an  information 
society  and  the  introduction  of trans-European  networks  through  the  adoption  of 
an appropriate  regulatory  framework. 

COM(96) 20  final. 
The  Karolus  programme  was 
22 September  1992^ OJ  No L 286.  1.10.1992, p. 65. 

launched 

in  1993  by  Council  Decision  92/481/EEC  of 

25 

But  completing  the legislative framework is not  enough.  The establishment  of a 
genuine frontier-free area also requires an effort  to simplify legislation. To this end 
the  Commission  has  launched  the  SLIM  pilot  project  to  explore  how  the 
constraints and formalities imposed on businesses by the complexity of legislation 
can be  reduced  by  simplifying  laws  and  administrative  procedures.5  To  date the 
exercise has concentrated on four sectors (Intrastat, construction products, mutual 
recognition of diplomas and ornamental plants). A progress report was laid before 
the Council on 26 November 1996. 

The  establishment  of  the  single  market  has  created  its  own  dynamic.  New 
problems arise which require new solutions. Managing  and  improving  the single 
market  is  a  real  challenge  for  the  Commission.  In  its  communication  of 
26 November  on  the  impact  and  effectiveness  of  the  single  market,  the 
Commission identified  a  series of practical  measures to  be taken  at  national and 
Community level to ensure that the single market can play a full part in the pursuit 
of the Union's current priorities. 

2. 

SITUATION SECTOR BY SECTOR 

2.1.  Removal of physical barriers 

2.1.1.  Customs 

The Commission  decided  to  commence  infringement  proceedings  against 
Italy on the grounds that national measures on the refund  of taxes collected 
in breach of Community law are incompatible with the principles laid down 
by  the  Court  of  Justice.  The  Italian  system  for  collecting  these  taxes 
diverges from the  general  rules  laid  down  in  the  Civil  Code:  while  the 
authorities may rely on mere presumptions to prove undue enrichment, the 
taxpayer must provide evidence that the tax was not  passed  on to  a third 
party - which is much more difficult.  Moreover,  the three-year time-limit 
(compared  with  the  normal  limitation  period  of  ten  years)  considerably 
reduces the scope for firms to obtain a refund of undue payments. 

The  Italian  system  is  therefore  contrary  to  the  case  law  of  the  Court, 
according to which the procedures laid down by national rules may not be 
any  less  favourable  than  those  for  similar  internal  claims,  and  may  not 
render it virtually impossible or excessively difficult  to secure repayment of 
taxes collected in breach of Community law.6 

Another proceeding in motion concerns Italy's failure  to  comply with the 
Community transit rules. The Italian authorities make it a requirement that 
an  external  Community  transit  document  (Tl)  must  be  issued  for 
Community goods which are being exported  to an EFTA country with an 

Simpler  Legislation  for  the  Internal  Market  - Commission  communication  to the  Council  and 
Parliament of 6 November 1996 (COM(96) 559 final) 
See in particular the judgment given on 9 November  1983 in Case C-199/82, [1983] ECR 3595, 
and Case C-l25/94. 

26 

approved  movement  certificate  (EUR1)  -  and  should  in  principle  come 
under the internal procedure (T2) - and for Italian steel products on which 
specific export refunds are payable. Use of the external transit procedure is 
not justified  in either case.  The external  procedure  applies  to  Community 
goods  only  in a limited  number of  cases  where  Community  measures are 
involved in the export operation. 

The Commission has terminated the proceedings against Belgium regarding 
dues collected for the benefit  of the Fonds pour  la Santé et  la Production 
des  Animaux  (animal  health  and  production  fund),  as  the  Belgian 
authorities have abolished the scheme in question.7 

2.1.1.1. 
customs field 

Progress  in  implementing  Directives  applicable  to  the 

Member  State 

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

* 

Directives 
applicable on 
31.12.1996 
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 
100 
100 
100 

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. 

Sec  13th annual  report  (1995). 

27 

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

In  1996  there  was  a  further  drop  in  the  number  of  new  cases  involving 
"classic"  barriers  to  the  free  movement  of  agricultural  products,  such  as 
systematic import  checks or certification  requirements. 

An  action  against  Germany  is  still  before  the  Court  of  Justice  regarding 
certain types of fresh pigmeat imported from Denmark.8 

The  Commission  decided  *to  send  a  reasoned  opinion  concerning  the 
requirement  imposed  by  the  regional  authorities  in  Galicia  that  imported 
cupped  oysters  be  accompanied  by  an  animal  health  certificate.  Under 
Directive 91/67/EEC, combined with Decision 93/55/EEC, there should no 
longer  be  any  need  to  ask  an  administrative  authority  to  issue  an  animal 
health certificate  for the marketing of animals and  aquacultureproducts. 

The  Commission  sent  another  reasoned  opinion  to  Spain  regarding  the 
requirement  imposed  by the authorities in the Valencia region that  only the 
Spanish  language  be  used  in  the  labelling  of  apples  from  other  Member 
States.  Both  Article  30  of the  Treaty  and  Regulation  (EEC)  No  1035/72 
on  the  common  organization  of  the  market  preclude  national  rules 
imposing  the  exclusive use  of a  specific  language  for  the  labelling  of  food 
products  at  the  wholesale  stage  (i.e.  where  only  professional  traders  are 
involved  and not  Spanish consumers). 

Finally, the  Commission  decided  to  send  a reasoned  opinion  to  Ireland  for 
restricting  trade  in breeding  sheep from other  Member  States  by  imposing 
unilateral  health  requirements  over  and  above  those  provided  for  in 
the  prescribed 
Community 
procedure. 

taking  account  of 

legislation,  without 

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.9 

As guardian of the Treaty, the Commission  seeks to ensure that the internal 
market  rules  are  properly  applied  by  the  Member  States.  It  strives  to 
remove  technical  barriers  to  trade  and  develop  instruments  which  will 
prevent new barriers being raised.  To achieve this, it draws on the case law 
of  the  Court  of  Justice.  In  1996  the  Court  once  again  gave  a  number  of 
judgments  setting out guiding principles for the Commission's  action. 

Case C-102/96; see  13th annual  report (1995). 
See  11th annual  report (1993). 

28 

Commission action 

During  the  first  three  quarters  of  1996,  the  Commission  dealt  with  some 
684  cases  of  complaints  and  suspected  or  established^ infringements.  It 
shelved  194 cases and referred  only one to the Court of Justice. 

In many cases progress was made as a result  of meetings with the  national 
authorities.  This  year  the  Commission  departments ' responsible  for  the 
application  of  Articles 30  et  seq.  of  the  Treaty  met  the  authorities  from 
eight  Member  States  (Italy,  Germany,  Austria,  the  Netherlands,  Greece, 
the  United  Kingdom  and,  for  the  first  time,  Finland  and  Sweden).  These 
"package  meetings"  serve  as  an  opportunity  not  only  to  discuss  current 
complaints  and  infringement  proceedings  but  also  to  raise  awareness 
among  national  authorities  of  the  Community  rules  which  they  bear 
primary responsibility for  enforcing. 

The following  examples illustrate the success of these meetings: 

- 

- 

the French authorities have adopted  an interpretative circular on the 
"Toubon"  Law,  spelling  out  ways  of  applying  it  in  a  "reasonable" 
fashion  and taking up some of the points raised  by the  Commission 
in  its  interpretative  communication  on  the  use  of  languages  in  the 
marketing of  foodstuffs;10 

the Danish  authorities have adopted  a circular  on automobile parts, 
recognizing  the  certificates  of  conformity  for  tyres  and  wheels 
issued by other Union or EFTA Member States. 

Cases  are  generally  closed  once  the  Member  State  has  amended  the 
legislation  challenged  to  comply  with  the  Treaty.  However,  pending  an 
official  amendment,  which  often 
takes  some  time,  Member  States 
frequently adopt  interim measures,  such as circulars or notices published in 
their  national  official  gazettes  informing 
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. 

interested  parties  that 

departments 

To  gain  a  better  insight  into  the  situation  on  the  ground  in  the  different 
Member  States and to develop a more consistent  approach to their job,  the 
of 
responsible 
Commission 
Articles 30 et seq.  of the  Treaty  carry  out  horizontal  surveys,  which  allow 
them  to  take  stock  of  national  regulations  in  a  particular  field.  These 
the  assistance  of  national  government 
surveys,  conducted  with 
departments,  also  serve  to  foster  cooperation  between  Commission 
departments and the national authorities, which is vital if Community law is 
to be properly  applied.. This year  a survey  (to  be  completed  by the  end  of 

application 

the 

for 

Interpretative  Commission  communication  concerning  the  use  of  languages  in  the  marketing  of 
foodstuffs  in the light of the judgment  in the Peeters case, 23 December  1993. 

29 

the year) was launched  into the national  definitions  used to  distinguish  two 
similar pharmaceutical products. 

The Commission also takes action to prevent new barriers being erected  to 
the  free  movement  of  goods  by  encouraging  Member  States  to  insert 
mutual recognition clauses in their national legislation.11 

For  example,  the  Dutch  authorities  have  inserted  a  mutual  recognition 
clause  in  their  legislation  on  the  labelling  of  soft  drinks  which  takes  on 
board the principle that  additional information  is required  only where there 
is a real risk of confusion  for the consumer. 

The Court's  main judgments 

Judgments by the Court  shed light on the application of Community law by 
setting  out  its  main  principles.  The  following  judgments  afe  worthy  of 
mention: 

- 

Brasserie du Pêcheur 

12 

The  Court  confirmed  the  principle  that  Member  States  must  make  good 
any  damage  caused  to  individuals  by  infringements  of  Community  law 
attributable  to  them,  where  the  fault  lies  with  the  national  legislature.  It 
held  that  the  injured  party  has  the  right  to  reparation  where  three 
conditions  are  met:  the  rule  of  law  infringed  must  confer  rights  on  them, 
the infringement  must be sufficiently  serious and there must be a causal link 
between the infringement  and the damage  sustained. 

Hedley Lomas; scope of Article 36 of the Treaty 

The  Court  held  that  Community  law  precludes  a  Member  State  from 
invoking Article 36 of the Treaty to justify  a limitation of exports of goods 
to  another  Member  State  on  the  -sole ground  that,  according  to  the  first 
State,  the  second  State  is  not  complying  with  the  requirements  of  a 
Community  harmonizing  directive  pursuing  the  objective  which  Article 36 
is intended to protect. The Court also recalled the conditions governing the 
liability of Member  States in accordance with  its judgment  in Brasserie  du 
Pêcheur. 

- 

Ban  on  the  exercise  of  certain  commercial  activities  on  Sundays 
and holidays13 

The  Court  held  that  national  rules  imposing  general  restrictions  on  the 
marketing  - and  hence  import  - of  a product  cannot  on  that  ground  alone 
be  regarded  as limiting  the  market  access  of  such  imported  products  to  a 
greater  extent  than  that  of  similar  national  products.  Referring  to  its 
judgment  in Keck and Mithouard, it  held  that  the fact  that  legislation  may 

See  13th annual  report (1995). 
Joined  Cases C-46/93  and C-48/93  [1996] ECR 1-1029, judgment  given on 5 March  1996. 
Case 418/93  [1996] ECR  1-2978, judgment  given on 20 June  1996. 

30 

restrict  the volume  of sales generally,  and  hence the  sale of products from 
other  Member  States,  is not  sufficient  to  characterize  such  legislation  as a 
measure having an effect  equivalent to a quantitative import  restriction. 

Authorization to market biocides14 

National  legislation  prohibiting  the  marketing  of  a  biocidal  product 
containing  dangerous  substances,  without  prior  authorization,  is  justified 
under Article 36 of the Treaty,  even  if the product  in question  has already 
been  authorized  for  sale  in  another  Member  State.  However, 
the 
authorities  responsible  are  not  entitled  to  require  technical  or  chemical 
analyses  or  laboratory  tests  unnecessarily,  where  such  analyses  or  tests 
have already been carried out in the other Member  State and the results are 
available to those authorities. 

- 

Discrimination against parallel imports of vehicles15 

The  Court  ruled  that  Article  30  precludes  national  legislation  concerning 
model-year  dates  for  motor  vehicles  which  causes  the  administrative 
authorities  and  traders  to  consider  that,  where  two  motor  vehicles  of  the 
same  model  are  sold  on the  same  date,  the  one  imported  through  parallel 
channels  cannot  be  granted  the  same  model-year  date  as  the  one  sold 
through the official  network of dealers. 

Repackaging of pharmaceuticals (Joined Cases C-427/93,  C-429/93 
and C-436/93 - judgment  given on  11 July  1996 - and Joined  Cases 
C-71/94, C-72/94  and C-73/94,  and Case  C-232/94) 

The Court  specified  the terms on which  a parallel  importer  may  repackage 
pharmaceutical  products  without  the  trademark-holder  being  able  to  rely 
on  his  rights  to  oppose  it.  The judgment  is  a  valuable  clarification  of  the 
doctrine of the exhaustion of trademark rights. 

Exhaustion  of  patent  rights  in  relation  to  goods  not  patentable  in 
the  Member  State  of  origin  (Cases  C-267/95  and  C-268/95, 
judgment given on 5 December  1996) 

The  Court  of  Justice  spelled  out  the  application  of  its  rulings  on  the 
exhaustion  of  patent  rights  in  relation  to  imports  from  a  Member  State 
where the product is not patentable: the patent holder may not  impose such 
imports  unless  he  can  prove  that  he  was  under  compulsion  to  market  the 
product  in the Member  State of origin. 

Case 293/94  [1996] ECR 1-3159, judgment given on 27 June  1996. 
Case 240/95  [1996]  ECR 3179, judgment  given on  27 June  1996. 

31 

2.2.1.2. 

The preventive rules of Directive 83/189/EEC 

-  -

The notification  procedure of Directive 83/189/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  before  they  are finally adopted.  The  procedure  does  not  cover 
technical regulations issued to implement directives. 

The Commission received  523 drafts  of technical regulations,16 which were 
scrutinized  by the  relevant  departments.  This figure compares  with  389 in 
199417 and 439 in  1995 - clear evidence that, despite the completion  of the 
internal  market  at  the  end  of  1992, Member  States  are  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. 

Of the  523  drafts  received,  104 required  a detailed  Commission  opinion18 
recommending  changes  to  the  measure  to  eliminate  infringements  of 
secondary  Community  legislation  or  to  debar  the  establishment  of  new 
barriers to trade.  For their part, the Member  States issued  134 opinions.19 
In five cases20 the Commission  had to  ask the Member  State for  a one-year 
postponement  of  the  measures  as  it  intends  to  propose  harmonization 
measures,  and  in  another  five  cases21  the  measures  will  have  to  be 
postponed  for  a  year  because  of  an  overlap  with  a  draft  directive  or 
regulation already before the Council. 

On  26  June  the  Commission  adopted  a  report  on  the  operation  of 
Directive 83/189/EEC 
in  1992,  1993  and  1994,  which  describes 
developments  and  progress  in  the  field  of  technical  rules  and  standards. 
The  report  is  divided  into  three  parts:  the  procedure  for  standards, 
including  an  analysis  of its operation  during the years  in question  together 
with  statistics  (short  and  medium-term  improvements  under  the  Directive 
are  also  analysed); the  notification  procedure  for  technical  rules,  including 
a  detailed  analysis  of  the  various  problems  and  questions  raised  by  its 
application;  and,  finally,  the  sharing  of information  on technical  rules with 
the EFTA countries. 

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  may  commence  infringement  proceedings  under  Article  169  of  the 

16 
17 

18 

19 

20 

21 

This was the figure at 31 December 1996. 
This  figure  is  for  the  twelve  old  Member  States  only.  If  the  three  new  Member  States  are 
included, the figure for  1994 is 442. 
This was the figure for drafts  which had to be notified  by 31 December  1996. The deadline for 
issuing opinions on draft legislation notified in 1996 expired on 31 March 1997. 
This was the figure for drafts  which had to be notified by 31 December  1996. The deadline for 
issuing opinions on draft legislation notified in 1996 expired on 31 March 1997. 
This was the figure for drafts  which had to be notified  by 31 December  1996. The deadline for 
asking Member States to postpone measures notified in  1996 expired on 31 March 1997. 
This was the figure for drafts  which had to be notified by 31 December  1996. The deadline for 
asking Member States to postpone measures notified in 1996 expired on 31 March 1997. 
32 

EC Treaty., Compliance  by  Member  States  with  their  notification  -duties 
will  have to  be reinforced  following  the Court's judgment  in  CIA  Security 
International22  since a technical  rule not  brought  to third  parties'  attention 
may  not  be  relied  on  against  him;  this  is  the  situation  called  for  by  the 
Commission ever since its Communication 86/C245/05.23 

During  the  first  nine  months  of  1996,  some  2  200  national  laws  were 
examined,  of  which  about  40%  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  80 infringement  proceedings. 

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

2.2.2.1.  Foodstuffs 

infringement  proceedings  for  failure 

Forty-seven 
to  notify  national 
implementing  measures  within the  time  allowed  were  terminated.  Of  the 
remaining cases,  31 are at the Article  169 letter  stage and  12 have reached 
the reasoned  opinion stage. 

Four infringement  proceedings  have been initiated  for  incorrect  application 
of national texts adopted to transpose Community legislation in this sector. 

A  further  ten  or  so  complaints  were  lodged.  Quite  a  few  of  these  cases 
the  Commission's 
were  settled 
departments and the national authorities concerned. 

following  correspondence  between 

incorrect 
A  number  of  infringement  proceedings  were  initiated  for 
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  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. 

Case C-194/94, judgment given on 30 April  1996. 
Official  Journal No C 245.  1.10.1986, p. 4. 

33 

2.2.2.2. 

Progress in implementing Directives applicable to  foodstuffs 

Member  State 

Directives applicable 
on 31.12.1996 

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

75 
75 
75 
75 
75 
75 
75 
75 
75 
75 
75 
75 
75 
75 
75 

Directives for which 
measures have been 
notified 
66 
74 
66 
72 
73 
61 
69 
69 
70 
75 
69 
69 
72 
72 
74 

% 

88 
98.7 
88 
96 
97.3 
81.3 
92 
92 
93.3 
100 
92 
92 
96 
96 
98.7 

Note:  this  table  concerns  Directives  73/241,  73/437,  74/409,  76/118, 
76/621,  77/436,  78/142,  78/663,  78/664,  79/112,  79/693,  79/796, 
79/1066,  79/1067,  80/590,  80/766,  80/777,  80/891,  81/432,  81/712, 
82/711,  83/417,  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,  89/395, 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,  93/99,  93/102,  94/35,  94/36,  94/52,  94/54,  95/2,  95/3, 
95/31,95/45,96/3,96/21. 

2.2.2.3. 

Pharmaceutical  products 

implementing 

increase  in  notification  of  national 
There  has  been  a  considerable 
implementation  measures.  Measures 
the  directives 
concerning the rational use of medicinal products (92/25/EEC, 92/26/EEC, 
92/27/EEC,  92/28/EEC)  have  been  notified  by  all  Member  States.  The 
situation  regarding  the  implementation  of  the  homeopathy  directives 
(92/73/EEC  and  92/74/EEC)  and  the  directives  establishing  the  new 
system  of mutual  recognition  of marketing  authorisations  (93/39/EEC  and 
93/40/EEC)  has  significantly  improved,  but  at  least  three  Member  States 
have  still  not  notified 
Infringement 
proceedings  have  been  started  in  all  these  cases  and  are  being  closely 
followed  by the Commission. 

implementation  measures. 

their 

There  are  also  some  general  problems  concerning  the  interpretation  and 
application of the pharmaceutical  directives by Member  States. These cases 
concern  mainly the different  interpretations  given by Member  States to  the 
concept  of  "medicinal product"  (sometimes  resulting  in barriers  to  the  free 
movement  of goods) and complaints  concerning the  alleged  non-respect  of 

34 

mandatory  time-limits  or  other  procedural  requirements  by  national 
authorities.  The  Commission  is  carefully  considering  these  problems  and 
complaints,  but  for  the  time  being  no  legislative  activities  are  planned.  It 
has 
the 
pharmaceutical  legislation  (both  human  and  veterinary)  is  already  very 
advanced;  consolidation  will  increase  the  clarity  of  the  legislation  and 
ultimately the effectiveness  of its implementation. 

that  a  draft  consolidation  of 

to  be  stressed,  however, 

Progress 
2.2.2.4. 
pharmaceutical  products 

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 
31.12.1996 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 

Directives for which 
measures have been 
notified 
30 
32 
30 
31 
32 
26 
29 
30 
32 
32 
30 
28 
32 
32 
29 

% 

93.8 
100 
93.8 
96.9 
100 
81.3 
90.6 
93.8 
100 
100 
93.8 
87.5 
100 
100 
90.6 

Note: this table concerns Directives  65/65, 66/454,  75/318,  75/319, 78/25, 
81/851,  81/852,  83/570,  87/19,  87/20,  87/21,  87/22,  89/105,  89/341, 
89/342,  89/343,  89/381,  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.  Some  Member  States,  including  Belgium,  Denmark,  Germany, 
Spain,  France  and  Italy,  which  had  fallen  behind  in  transposing  the 
measures in force,  were able to catch up in the course of the year. 

A  number  of new  proceedings  have begun,  particularly  in connection  with 
Directive 95/8/EC on fertilizers  (cf.  Annex IV). 

35 

Requests  for  derogations under Article  100a(4)  of the EC  Treaty  continue 
to be a significant  feature  in the harmonization  of restrictions  on the use of 
dangerous  substances.  Five  requests  for  derogations  are  currently  under 
examination by the competent  Commission departments. 

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 
31.12.1996 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 
47 

Directives for which 
measures have been 
notified 
44 
46 
40 
41 
44 
38 
44 
40 
43 
46 
39 
37 
46 
47 
46 

% 

93.6 
97.9 
85.1 
87.2 
93.6 
80.9 
93.6 
85.1 
91.5 
97.9 
82.9 
78.7 
97.9 
100 
97.9 

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, 93/112, 94/60, 95/8. 

2.2.2.7. 

Motor vehicles, tractors and  motorcycles 

1996 was a pivotal year for this sector,  since the Community  type-approval 
procedure  became  mandatory  for  vehicles  of  category  Ml  on  1  January 
1996.  The separate directives became binding as a result. 

The  transposai  of  Directives,  so  vital  against  a  background  of  total 
harmonization,  is going  smoothly thanks to the  experience  acquired  by the 
competent national authorities. 

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. 

36 

Four  infringement  proceedings  were  begun  for  failure  to  notify  national 
measures  in  respect  of  the  nine  Directives  which  came  into  force  in  the 
course of the year. 

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 
31.12.1996 
185 
185 
185 
185 
185 
185 
185 
185 
185 
185 
185 
185 
185 
185 
185 

Directives  for  which 
measures  have been 
notified 
184 
180 
177 
178 
180 
182 
184 
184 
178 
179 
173 
178 
182 
169 
176 

% 

99.5 
97.3 
95.7 
96.2 
97.3 
98.4 
99.5 
99.5 
96.2 
96.8 
93.5 
96.2 
98.4 
91.4 
95.1 

Note:  this  table  concerns  Directives  70/156,  70/157,  70/220,  70/221, 
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,  91/226,  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,  95/48, 
95/56,  96/1, 95/1, 96/20, 96/36,  96/37,  96/38,  96/44. 

37 

2.2.2.9. 

Construction  products 

The  Commission  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 the Directive to follow 
up complaints on barriers 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.  Mechanical  engineering,  electronics,  personal  protection  equipment, 
gas  equipment,  pressure  equipment,  pre-packaging,  measuring  equipment, 
medical devices and pleasure craft 

All  97  Directives  in  this  field  had  reached  their  transposai  deadlines  by 
31 December  1996. 

Member  States  achieved  a  satisfactory  rate  of  transposai,  considering  the 
complexity  of  the  Directives  in  this  field  (which  mostly  follow  the  "new 
approach").  Even where transposai  of a Directive  is incomplete, there  are 
no  barriers  to  the  free  movement  of  products  that  are  contrary  to  the 
Directives.  Delays in transposai  are mostly  due to  domestic  reasons in the 
Member  States  (more 
than  one  Minister  responsible,  cumbersome 
legislative process, etc.). 

Incorrect  application  of  Directives  deprives  Community  harmonization 
exercises  of  much  of their  anticipated  benefit.  The  end  of  the  transitional 
period for certain Directives has highlighted  a number of problems with the 
interpretation  of these texts.  In  addition  to  formal  measures  (initiation  of 
infringement  proceedings)  the  Commission  has  also  taken  informal  action 
(meetings of Groups of experts, interpretative notes, etc.) which has helped 
to resolve a number of doubtful,  if not actually contentious cases. 

38 

Progress 

to 
2.2.2.11. 
mechanical  engineering,  electronics,  personal  protection  equipment,  gas 
equipment, pressure equipment, pre-packaging, measuring equipment, medical 
devices and pleasure craft 

implementing  Directives 

applicable 

in 

v 

Member  State 

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

Directives 
applicable on 
31.12.1996 
97 
97 
97 
97 
97 
97 
97 
97 
97 
97 
97 
97 
97 
97 
97 

Directives for which 
measures have been 
notified 
92 
97 
95 
96 
94 
96 
91 
92 
94 
96 
96 
95 
96 
95 
95 

% 

94.8 
100 
97.9 
99 
96.9 
99 
93.8 
94.8 
96.9 
99 
99 
97.9 
99 
97.9 
97.9 

Note:  this  table  concerns  Directives  69/493,  71/316,  71/317,  71/318, 
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, 88/320,  88/316, 88/571, 88/665, 89/240,  89/336, 
89/392,  89/617,  89/676,  89/686,  90/18,  90/384,  90/385,  90/396,  90/486, 
90/487,  90/488,  91/368,  92/31,  93/44,  93/95,  93/42,  93/68,  94/1,  94/9, 
94/11,94/25,94/26. 

2.2.2.12. 

Liability for defective  products 

Directive  85/374/EEC  concerning  liability for  defective  products  has been 
transposed by all Member States except France. Following France's  failure 
to  act  on  the  1993  ruling  by the  Court  of Justice  which  found  it  to  be  at 
fault,  the  Commission  continued  with  the  infringement  procedure  under 
Article  171 of the Treaty.  France was sent a reasoned opinion in  1995. 

39 

The Commission  also brought  an action in the Court  of Justice  against  the 
United  Kingdom  in  1995  (Case  C-300/95).  The  Commission  contests  the 
UK's  transposai  of  the  clause  exempting  producers  from  liability  as 
provided for in Article 7(e) of the Directive (development risk). 

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 infringement  proceedings brought  against  Greece under  Article  171 of 
the  Treaty,  relating  to  the  implementation  of  the  Court  of  Justice's 
judgment  in Case C-123/94, M are continuing.  This case  is  concerned  with 
the conditions imposed on nationals of the other Member  States wishing to 
teach a foreign  language. 

The  Court  has  given  its  judgment  in  the  case  against  Belgium  for 
legislation which discriminates against young job-seekers who  have studied 
in another Member State by denying them integration benefits.25  The Court 
found  in the Commission's  favour. 

The  infringement  proceedings  brought  against  Belgium  under  Article 171 
for  failing  to  comply  with  the  Court  of  Justice's  judgment  in  case 
C-47/9326  are  also  under  way.  These  relate  to  the  withholding  of finance 
for  university  studies from students from  other  Member  States  who  are in 
Belgium solely for the purpose of studying there 

The  case  of  Greece's  nationality  discrimination  in  acknowledging  the 
eligibility  of  large  families  for  certain  allowances  and  failure  to  reckon 
services performed  in the public administration  of other Member  States  for 
the  purpose  of  granting  seniority  and  grading  of workers  in  Greek  public 
services  on  the  sole  ground  that  the  services  were  not  performed  for  a 
Greek  administration  has  been  referred  to  the  Court  of  Justice.  Also, 
following  amendments  to  Greek  legislation,  the  Commission  has  dropped 
the  infringement  proceedings  on conditions for  access to  the  profession  of 
medical  specialist. 

As a decree was issued  by the French  government  bringing  legislation  into 
line  with  Community  law,  the  infringement  proceeding  against  France 
concerning  nationality  discrimination  for  the  granting  of  teacher  training 
allowances have been dropped. 

Judgment  given on  1 June  1994 [19951 ECR 1-1457. 
Judgment  given on  12 September  1996 in Case C-278/94  (1996] ECR 1-4307. 
Judgment  given on 4 May  1994 [1994] ECR 1-1593. 

40 

The  Commission  also  sent  Germany  a  reasoned  opinion  concerning  the 
protection of personal data on migrant workers. 

The  infringement  proceedings  against  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  and 
against  France for  discrimination  against  early-retired  frontier  workers  are 
under way. 

In  the  tax field, the  Commission  is  monitoring  Luxembourg's  compliance 
with  the  Court  of  Justice judgment  in  case  C-151/94  concerning  the final 
payment of income tax by non-resident  workers.27 

The  infringement  proceedings  against  Belgium  concerning  the  granting  of 
certain social security benefits  are still pending.28 

Finally,  infringement  proceedings  were  brought  against  the  Netherlands  in 
two  cases,  one  concerning  the  withholding  of  supplementary  pension 
in.^  wee  from  unemployed  Belgian  frontier  workers  after  termination  of 
the employment relationship and during the period unemployment benefit  is 
received,  and the other  relating to  the Dutch  legislation  modifying  the cost 
of  permanent  residence  documents  for  Community  nationals,  which  is  are 
higher than that of identity cards for nationals. 

, • 

2.2.3.2. Entry and residence 

As  regards  the  infringement  proceedings  brought  for  failure  to  transpose 
correctly  into  national  law  the  three  directives  on  right  of  residence  -
90/365/EEC  (employees and  self-employed  persons who  have ceased  their 
occupational  activity),  90/364/EEC  (persons  not  in  active  employment) 
and  93/96/EC  (students)  -  reasoned  opinions  were  decided  on  or  sent  to 
various Member  States in the course of the year.  These  proceedings  relate 
mainly to  implementing  measures  on  the  declaration  of financial means by 
students  (Spain,  France,  Ireland,  Italy),  financial  means  requirements  for 
retired  persons  and  persons  not  in  active  employment  (France,  Italy), 
sickness  insurance  requirements  and  their  control  (France,  Italy)  and  the 
mechanism  for  checking  the  residence  permit  of  retired  persons  and 
persons not in active employment  after  two years. 

the  incorrect 

transposai  of  directives, 

infringement  proceedings 

As  well  as  actions  for 
the 
incorrect 
Commission  also  brought 
application  of Community law.  A reasoned  opinion was  sent  to  Greece  on 
the cost  of residence permits for  members  of EU citizens' families  who  are 
nationals  of non-member  countries.  The  Commission  also  decided  to  send 
four  reasoned  opinions  to  France  on  the  supporting  documents  required 
from  EU  citizens  when  applying  for  residence  permits,  the  expulsion  of a 
Belgian  national  and  the  issuing  of  visas  to  nationals  of  non-member 
countries who are members of EU citizens'  families  (failure  to comply with 

for 

Judgment  given on 26 October  1995 [1995] ECR I-36S5. 
Case C-326/90  [1992]  ECR 1-5517 (Judgmcn! given  on  10 November  1992). 

41 

the obligation to facilitate the granting of such visas and failure to provide 
a reason for  refusals  of visas). Finally, the Commission  decided to  send a 
reasoned opinion to Italy concerning the requirement of a residence permit 
for study visits of less than three months. 

Moreover,  on the basis of complaints and requests from EU citizens, the 
Commission  has  observed  that  there  are  many  cases  in  which  clear 
provisions  of  Community  law  are  incorrectly  applied.  For  example,  the 
six-month period which is needed to issue a residence permit when checks 
relating  to  health  or  public  order  are  required  is  the  time  imposed  by 
several  national  governments  in  normal  circumstances.  Others  have 
excessive  requirements  as  to  the  supporting  documents  to  be  presented 
when  applying  for  a residence  permit  -  it  is not  a  correct  application  of 
Community  law  to  require  self-employed  workers  to  carry  bundles  of 
documents  to  prove  their  status  (proof  of  inclusion  on  the  commercial 
register,  VAT  number,  bank  statements,  commercial  lease,  tax  returns 
etc.).  Nor  is  it  in  line  with  Community  law  to  systematically  require 
persons applying for  a residence permit  to  produce, besides their identity 
card  or passport,  a record  of civil  status  - translated,  moreover,  into the 
language of the host country. 

All of these examples help to  explain the feeling  among many citizens of 
not really belonging to the Union.  To rectify  such cases, the Commission 
naturally  approaches  the  Member  States  concerned  on  the  individual 
issues,  and  brings  infringement  proceedings  in  cases  where  flawed 
administrative practices are identified  - which unfortunately  is a very slow 
process. For this reason, the Commission has also decided  to  take action 
on another level - information. The "Citizens First" initiative, which aims to 
disseminate  Community  law  on  the  free  movement  of  persons  and  its 
practical  application  in  the  Member  States,  should  ensure  that,  in  the 
medium term, greater overall compliance with Community law is achieved. 

42 

2.2.3.3.  Progress  in  implementing  Directives  applicable  to  right  of 
residence 

Member  State 

Directives applicable 
on31.12.1996 

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

5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
* 5 

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

% 

100 
100 
40 
100 
100 
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. 

The  first  elections  to  the  European  Parliament  in  the  three  new  Member 
States  were  held  in  Sweden,  Austria  and  Finland  on  17  September  1995, 
13 October  1996 and 20 October  1996 respectively. 

Following  the  entry  into  force  of  Directive  94/80/EC  on  1 January  1996, 
Union  citizens  residing  in a Member  State  of which they  are  not  nationals 
were  able to  take  part  in municipal  elections  in Germany  (Bavaria,  Lower 
Saxony), Luxembourg,  Italy, Finland and the United Kingdom. 

2.2.3.5. 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 

43 

public  health  services  and  public  bodies  responsible  for  administering 
commercial  services).29  This sectoral  initiative, which goes further  than  the 
previous  case-by-case  approach  to  the  application  of Article 48  (4)  of  the 
Treaty, has led to the commencement  of several infringement  proceedings. 

Most  of  these  proceedings  have  been  dropped  following  legislative 
amendments in the Member  States. However,  the Commission  has decided 
to  continue  with  three  of  the  cases  before  the  Court,  against  Belgium, 
Greece  and  Luxembourg.  In  its judgments  of  2  July  1996,30  the  Court 
ruled  that  these  three  Member  States  had  failed  in  their  obligations  by 
generally  limiting  access  to  employment  in the  public  service to  their  own 
nationals.31  The Commission  will  ensure  that  these Member  States  amend 
their legislation to comply with the Court's rulings as soon as possible. 

that 

the  Court  of  Justice  sanctions 

These  judgments  show 
the 
Commission's  "sectoral"  approach.  However,  it  should  be  noted  that  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. 

The  important  thing  now  is to  ensure that  non-discriminatory  access to  all 
public  service  posts  not  covered  by  Article  48(4),  whether  or  not  they 
belong to  a priority  sector,  becomes the norm in all the Member  States,  so 
that  discrimination  on the grounds of nationality  for  public  service posts is 
completely eliminated  in the European Union. 

2.2.3.6.  Social security of migrant workers 

The  Commission  brought  an  action  against  Greece  following  several 
complaints  concerning  the  status  of  members  of  large  families.  It 
contended  that  by denying  salaried  or  unsalaried  Community  workers  and 
their families the status of large families on the grounds of their nationality, 
either  by  legislation  or  administrative  practices,  Greece  was  failing  to 
discharge  its obligations  under  Community  law (Articles  48  and  52  of the 
Treaty, Article 7 of Regulation  (EEC) No  1612/68, Article 7 of Regulation 
(EEC)  No  1251/70,  Article  7  of  Directive 75/34/EEC  and  Article  3  of 
Regulation (EEC) No  1408/71). 

A  reasoned  opinion  was  sent  to  Belgium  for  obliging  firms  in  the 
construction  industry  to  make  advance  payments  in respect  of their  social 
security  contributions  in  order  to  obtain  social  identity  cards  for  their 
workers  and  authorisation  to  commence  work  on  a  site,  without  taking 
account of Community provisions on the posting of workers. 

29 
30 

31 

See Commission communication,  OJ No C 72,  18.3.1988, p. 2. 
Cases  C-473/93  [1996]  ECR  1-3207.  C-173/94  [1996]  ECR  1-3265  and  C-290/94  [1996] 
ECR 1-3285. 
In the case of Belgium, the Commission action concerned only jobs in energy distribution bodies. 

44 

With  regard  to  the  dissolution  of  the  Social  Insurance  Fund  in  Gibraltar, 
the  United  Kingdom  informed  the  Commission  -  in  response  to  its 
reasoned  opinion - that  new legislation which conforms  to  Community law 
would  be  introduced  before  the  end  of  1996.  Meanwhile,  payments  were 
restarted  on  1 October,  backdated  to  1 January  1994,  the  date  on  which 
the Fund was dissolved 

2.2.3.7. Recognition of  qualifications 

Cases decided by the Court of Justice 

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

Infringement  proceedings  brought  against  Belgium  for  failing  to 
comply with the judgment  given on  16 May  1991 (Case C-167/90) 
concerning  the  incorrect  transposai  of Directives  85/432/EEC  and 
85/433/EEC (pharmacists). 

Infringement  proceedings  in the case  concerning  private  schools in 
Greece  {frontistiria);  In  Case  C-147/86,  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.  Following  Case 
C-328/90,32  in  which  Greece  was  condemned  for  a  second  time, 
the  Greek  authorities  amended  their  legislation.  However,  the 
infringement  proceedings  on this newly-adopted  legislation  are  still 
open. 

The  infringement  proceedings  concerning  the  freedom  of  tourist 
guides  to  provide  services  against  Italy  and  France53  are  pending. 
Italy  has  notified 
the  Commission  of  the  adoption  of  new 
legislation.  The  Commission  is  currently  examining  whether  this 
legislation complies with the Court's judgment. 

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,  some 
of the Autonomous Communities have adopted  new decrees on the 
exercise  of  that  profession.  Following  remarks  made  by  the 
Commission,  Spain  has  notified  new  legislation  which  is  being 
scrutinized by the appropriate Commission departments. 

32 
33 

Judgment  given on 30 January  1992 [1992] ECR 1-425. 
Judgments given on 26 February  1991, Cases C-180/89  [1991] ECR  1-0709 and  C-154/89 [1991 
ECR 1-0659. 

45 

Following  Greece's  notification  of measures to  bring  its  legislation 
into  line  with  the  Court's  judgment  on  the  freedom  of  tourist 
guides  to  provide  services,34  the  Commission  requested  some 
in  question.  This  have  been 
amendments  to  the  legislation 
incorporated  in a Bill which is about to be adopted. 

National  implementing measures 

The  two  cases  concerning  the  failure  to  notify  measures  transposing 
Directive  89/48/EEC  (first  general  system) by Belgium  and  Greece  (Cases 
C-365/93  and  C-216/94),35  on  which  the  Court  of  Justice  has  given  its 
judgment,  are  continuing.  A  letter  of  notice  has  been  sent  to  them  under 
Article  171 of the Treaty. 

Regarding  Directive  92/51/EEC  on  a  second  general  system  for  the 
recognition  of  professional  education  and  training,  which  supplements 
Directive  89/48/EEC, 
also  been 
commenced  against  Greece  and  Belgium.  Portugal,  Ireland,  Germany  and 
the  United  Kingdom  have  recently  notified  implementing  measures  or  are 
about to do so. 

proceedings  have 

infringement 

With  regard  to  Directive  94/3 8/EC  amending  Directive  92/51/EEC  with 
respect  to  the  level  of  certain  qualifications,  proceedings  are  also  under 
way against  several Member  States. 

Incorrect  transposai and incorrect application  of directives 

The Commission  received  around  thirty  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; 

a  proceeding  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); 

Judgment  given on 26 February'  1991, Case C-198/89  [19911 ECR 1-727. 
Judgments  given  on  23  March  1995  [ 1995]  ECR  1-499,  and  13  July  1995  [1995]  ECR  1-2155 
respectively. 

46 

a  case  against  Spain  for  admitting  dentists  with  qualifications 
obtained  in  Latin  America  at  a  level  far  below  the  directive's 
requirements.  Spain is currently taking  steps to bring  its  legislation 
into line with Community law; 

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,  including  one  against  Italy  for  failing  to 
observe  the  procedural  guarantees  laid  down  in  the  Directive  and 
one  against  France  for  failing  to  apply  the  rule  in  the  Heylens-
Vlassopoulou case on hairdressers holding Belgian  qualifications. 

2.2.3.8.  Progress  in  implementing  Directives  applicable  to  recognition  of 
qualifications 

Member  State 

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

Directives 
applicable on 
31.12.1996 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 
63 

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

% 

92 
100 
100 
93 
100 
97 
100 
100 
100 
100 
98 
97 
97 
100 
10036 

Note:  this  table  concerns  Directives  63/261,  63/262,  64/222,  64/223, 
64/224,  64/427,  64/428,  64/429,  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,  81/1057,  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,^5/43. 

The notification  rate for  the United Kingdom disregards the situation as to the  implementation  of 
directives  in Gibraltar,  >vhich is subject to special  monitoring. 

47 

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

2.2.3.9. 

Independent commercial  agents 

Directive  86/653/EEC  on  independent  commercial  agents  has  been 
transposed  in  all  the  Member  States.  However,  the  Commission  has 
decided  to  send  a  reasoned  opinion  to  Ireland  for  incorrect  transposai  of 
the directive. 

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). 

Only the two problems of substance with Belgium and the United  Kingdom 
that  were  the  subject  of  two  judgments  by  the  Court  of  Justice37  still 
remain.  These  two  major  cases  primarily  concern  the  main  Directive's 
central  provision,  Article  2  (freedom  of  reception  and  retransmission, 
applicable  law).  The  Court  first  stated,  upholding  the  Commission's 
arguments,  that  a  system  of  prior  authorization  for  television  broadcasts 
emanating  from  another  Member  State  was  in  breach  of  the  principle  of 
freedom  of reception and retransmission of television broadcasts  laid down 
by  the  Directive.  In  its  second  judgment,  the  Court  ruled  that  both  the 
failure  to  respect  the  hierarchy  of  criteria  determining  a  Member  State's 
jurisdiction  and  the  introduction  of  a  double  control  on  broadcasting 
services depending on the target audience were in breach of the Directive. 

The  Commission  regrets  that  the  effectiveness  of  the  application  of 
provisions  on  advertising  and  sponsorship  varies between  Member  States. 
It will keep a close eye on this problem. 

The Commission  also felt  the need to  step up monitoring of the application 
by  the  Member  States  of  Article  22  of  the  Directive  on  the  protection  of 
minors, given the rising number of pornography channels. 

37 

Judgments given on  10 September  1996. 

48 

2.2.4.2. 

Telecommunications 

In its Resolution  of 21 November  1996 on new policy  prioritiesTegarding 
the  information  society,38  the  Council  recognized  that  liberalization  of 
telecommunications markets by  1  January  1998 would  stimulate the private 
and public investment necessary for development  of the information  society 
in Europe. It stressed the importance of an appropriate and consistent legal 
framework  for the information  society at European level. 

To prepare the ground for liberalization of the telecommunications  markets 
in  1998,  the  Commission  adopted  two  Directives,  one  on  mobile  and 
personal  communications  (96/2/EC)39  and 
the 
implementation  of  full  competition 
telecommunications  markets 
(96/19/EC).40  To  round  out  the  new  regulatory  framework,  the  Council 
and  Parliament  have  continued  to  work  towards  the  adoption  of  new 
directives  on  harmonized  conditions  for  providing  telecommunications 
services in the EU.41 

the  other  governing 

in 

Most  Member  States  have  drawn  up  new  legislation  to  comply  with  the 
requirements of new directives that have already been adopted  or are in the 
process  of  being  adopted.  Basic  legislation  has  been  rounded  out  with  a 
series of implementing instruments. The Commission helped those Member 
States  that  notified  their  draft  national  legislation  by  providing  detailed 
comments  on  them.  Qiven the  increased  volume  of  instruments  that  have 
been  or  are  being  adopted,  such  assistance  is  bound  to  increase  over  the 
liberalization  of 
next 
telecommunications throughout  the EU. 

to  achieve  effective 

two  years 

in  order 

The  Commission  has  also  examined  the  national  measures  implementing 
the 
the  directives  and  decisions  currently 
Member  States. 

force  notified  by 

in 

All  the  Member  States  have  notified  national  measures  implementing  the 
three  Directives  on  frequencies 
-  Directives  87/372/EEC  (GSM), 
90/544/EEC  (Ermes)  and  91/287/EEC  (DECT).  The  Commission  is 
currently  preparing  a  report  on  the  application  of  these  three  Directives. 
This report  will be submitted  to the Council  and Parliament  during the first 
half of 1997. 

Framework  Directive  90/387/EEC  prescribing  the principles  to  be  applied 
to  the  implementation  of  open  network  provision  (ONP)  has  been 
transposed by all the Member States. 

38 

39 

40 

41 

OJ No C 376,  12.12.1996. 
OJ No L 20 of 26 January  1996. 
OJ No L 74, 22.03.1996. 
Draft  Directives  on  licences  (common  position  adopted  on  9  December  1996).  interconnection 
(common position  No 34/96), data  protection. 
49 

All  Member  States  except  Luxembourg  have  notified  national  measures 
transposing  the  first  specific  ONP  directive,  Directive  92/44/EEC.  The 
Commission  has  scrutinized  the  national  measures  notified  and  considers 
that  Austria, Belgium,  Greece, Finland,  the Netherlands  and Portugal  have 
failed to transpose the Directive in full.  The measures notified  by Italy raise 
various problems in terms of consistency with Community law. 

introduced 

infringement  proceedings  against 
The  Commission  had 
Luxembourg with  respect  to  this Directive.  The  Court  of Justice42  having 
confirmed  that  Luxembourg  had  failed  to  fulfil  its  obligations  under 
Directive  92/44/EEC, a new proceeding was initiated  under  Article  171 of 
the Treaty. 

The  Commission  is  preparing  that  report  on  the  implementation  of  the 
Directive required by Article  14. The report  will be laid before  the Council 
and Parliament in the first half of 1997. 

The  Commission  has  proposed  a  Directive  amending  Directives 
90/387/EEC  and  92/44/EEC  to  adapt  them  to  the  new  competitive 
environment.43 

Only six Member  States (Germany,  Austria, Belgium, Finland,  Sweden and 
Portugal)  have notified  national  measures  transposing  Directive  95/62/EC 
on the application of open network provision (ONP) to voice telephony. 

the  adoption  of  a  range  of  common 

The  basic  Directive  on the  harmonization  of  telecommunications  terminal 
equipment  (Directive  91/263/EEC)  is  a  framework  instrument  providing 
for 
its 
implementation.  The  Commission  has  adopted  fourteen  Decisions  relating 
to this Directive (94/11/EC and 94/12/EC relating to the GSM, 94/470/EC 
on  ONP  2 048  kbit/s  digital  unstructured  leased  line,  94/471/EC  and 
94/472/EC for DECT, 94/796/EC and 94/797/EC for ISDN, 94/821/EC on 
ONP  64  kbit/s  digital  unstructured  leased  lines,  95/526/EC  on  ISDN 
telephony,  95/290/EC  on  ERMES,  95/525/EC  on  DECT-public  access, 
96/71/EC on X.25 interfaces,  96/629/EC and 96/630/EC GSM-Phase II). 

technical  rules  for 

Twelve  Member  States  (Germany,  Austria,  Denmark,  Spain,  Finland, 
France,  Greece,  Italy, the Netherlands,  Portugal,  the  United  Kingdom  and 
transposing  Directive 
Sweden)  have  notified 
91/263/EEC.  Examination  has  shown  that  the  notifications  from  Austria 
and the Netherlands are incomplete. 

national  measures 

The  Court  of  Justice  also  found  that,  by  failing  to  adopt  transposai 
measures, Belgium,44  Luxembourg45 and  Ireland46  had  failed  to  fulfil  their 
obligations  under  Directive  91/263/EEC.  The  Commission  has  brought 

42 
43 
44 
45 
46 

Case C-220/94  (Judgment given on  15 June  1995). 
Common  position adopted on 9 December  1996. 
Case C-218/94 (Judgment  given on 4 May  1995). 
Case C-221/94 (Judgment  given on 7 November  1996). 
Case C-239/94  (Judgment given on 29 February  1996). 

50 

National transposai  measures notified  by the Member  States with regard  to 
the two Directives amending Directive 91/263/EEC  have also been  subject 
to  scrutiny. 

This  process  involves  measures  notified  by  eleven  Member  States 
the 
(Germany,  Denmark,  Spain,  Finland,  France,  Greece, 
Netherlands,  Portugal,  the  United  Kingdom  and  Sweden)  transposing 
Directive 93/68/EEC on marking. 

Italy, 

Directive *93/97/EEC  extends  the  scope  of  Directive  91/263/EEC  to  the 
equipment  of  ground  satellite  tracking  stations.  Nine  Member  States 
(Germany,  Denmark,  Spain,  Finland,  France,  the  Netherlands,  Portugal, 
the  United  Kingdom  and  Sweden)  have  notified  the  Commission  of 
national measures transposing the new Directive. Infringement  proceedings 
are  under  way  against  Member  States  who  have  not  notified  transposai 
measures. 

Nine  Member  States  (Germany,  Austria,  Belgium,  Denmark,  Finland, 
Ireland,  Luxembourg,  the  United  Kingdom  and  Sweden)  have  adopted 
measures  required  under  Decision  91/396/EEC  on  the  introduction  of 
"112"  as the  standard  emergency  services  number  throughout  the  Union. 
France,  Italy  and  the  Netherlands  have  asked  the  Commission  for  a 
derogation under Article 3(2) of the Decision. 

Twelve  Member  States  (Germany,  Belgium,  Denmark,  Finland,  France, 
Greece,  Luxembourg,  Ireland,  Italy,  the  Netherlands,  Portugal  and  the 
United  Kingdom)  have  already  introduced  "00"  as  the  standard  code  for 
access to  the  international  network  in the  Community,  in accordance  with 
Decision 92/264/EEC.  Austria and  Sweden  have announced  their  intention 
to  introduce  the  "00"  code  in  December  1997  and  December  1998 
respectively.  Spain  is  the  only  Member  State  that  has  still  supplied  no 
information  on implementation of the Decision. 

None  of  the  Member  States  has  notified  national  measures  transposing 
Directive  95/47/EC  on  the  use  of  standards  for  the  transmission  of 
television  signals. The Commission  has therefore  commenced  infringement 
proceedings. 

51 

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 
31.12.1996 
9 
9 
9 
9 
9 
9 
"9 
9 
9 
9 
9 
9 
9 
9 
9 

. 

Directives for which 
measures have been 
notified 
6 
7 
8 
6 
7 
7 
5 
6 
4 
7 
7 
8 
8 
8 
7 

% 

67 
78 
89 
67 
78 
78 
56 
67 
44 
78 
78 
89 
89 
89 
78 

Note:  this  table  concerns  Directives  87/372,  90/387,  90/544,  91/263, 
91/287, 92/044, 93/097, 95/47, 95/62. 

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). 

Complaints and  infringements 

the 

insurance  field, 

the  Commission  commenced 

In 
infringement 
proceedings  in  eight  new  cases  for  breaches  of  Articles  52  and  59  of  the 
Treaty  and  directives.  All  cases  were  detected  by  the  Commission  itself. 
Two  of the  proceedings  opened  in  1995 were  shelved,  one because  it  was 
unfounded  and  the  other  because  the  Member  State  concerned  complied 
with  Community  law.  The banking  sector  saw a decrease  in the number  of 

52 

proceedings  compared  with  last  year.  The  Commission  shelved  "two 
complaints  without  taking  further  action,  one  brought  this  year  and  one 
in 1995. 

Many  infringement  proceedings  have  reached  the  reasoned  opinion  stage. 
In  the  insurance field, the  number  of  proceedings  formally  commenced  in 
1996 for failure to comply with Community law or for incorrect  application 
was considerably higher than in  1995. This is explained  by the fact  that  the 
Commission has -almost completed  its inspection  of the  quality  of  national 
measures  transposing  several  directives  and  has  discovered  failures  to 
comply  with  Community  law  or  failures  to  transpose  directives  in  full.  In 
the  banking  sector,  the  number  of  proceedings  opened  for  failure  to 
communicate  measures  transposing  directives  into  national 
law  has 
increased  as a result of delays in several Member  States adopting  measures 
transposing  Directives  94/19/EEC 
(deposit-guarantee  schemes)  and 
93/6/EEC (capital adequacy) that had recently entered into force. 

Infringement proceedings for failure  to notify national  measures 

The following  cases are particularly noteworthy: 

in  the  banking  sector,  reasoned  opinions  were  sent  to  Germany, 
Spain,  Italy  and  Luxembourg  for  failing  to  notify  measures 
implementing  Directive  94/19/EC  (deposit-guarantee  schemes) and 
to  Germany,  Greece,. France,  Italy  and  Luxembourg  for  failing  to 
notify  measures in respect  of Directive  93/6/EEC  (capital  adequacy 
of investments firms and credit institutions); 

as  regards  securities,  the  Commission  decided  to  send  a  reasoned 
opinion  for  failure  to  notify  measures  implementing  Directive 
93/22/EEC (investment  services in the securities field) to  Germany, 
Greece,  Spain, Portugal and Luxembourg (for partial  notification). 

turning  to  insurance,  Belgium  was  sent  a  reasoned  opinion  for 
transposing  only  part  of  Directive 90/232/EEC  (third  vehicle 

- insurance Directive); 

(third  non-life 

a  case  against  Spain  involving  failure  to  notify  national  measures 
implementing  Directive  92/49/EEC 
insurance 
Directive)  was  referred  to  the  Court  of  Justice  (see  below  also). 
Application  of  this  Directive  and  of  Directive  92/96/EEC  on  life 
insurance  has  not  been  unproblematic.  Although  most  Member 
States  have  already  notified  national  transposai  measures  for  the 
two Directives, this does not  mean that  transposai  or  application  is 
perfect; 

Italy's  failure  to  transpose  Directive  91/674/EEC  (annual  accounts 
and  consolidated  accounts  of  insurance  undertakings)  has  been 
referred  to  the  Court  of Justice.  A reasoned  opinion  has  also been 
sent  to  Spain  for  failing  to  notify  measures  implementing  this 
Directive; 

53 

- 

- 

- 

- 

-  91/3 71/EEC  concerning 

finally, the  Commission  terminated  cases  against  various  Member 
States  for  failing  to  notify  measures  implementing  the  following 
Directives 
an  agreement  with 
Switzerland  (Luxembourg),  91/674/EEC  (Belgium),  90/618/EEC 
on  motor  vehicle  liability  insurance  and  the  second  life  insurance 
Directive  90/619/EEC  (Spain),  94/7/EEC  on  a  solvency  ratio  for 
credit  institutions  (Denmark,  Greece,  Spain,  Ireland,  Italy  and 
Portugal),  93/6/EEC  on  capital  adequacy  of  investment  firms  and 
credit 
the 
(Belgium,  Denmark, 
and 
Netherlands),  92/30/EEC  on  consolidated 
supervision  and 
92/121/EEC  on  large  exposures  of  credit  institutions  (Germany), 
and  93/22/EEC  (the  United  Kingdom,  Belgium,  the  Netherlands, 
Denmark, France and Italy). 

institutions 

Ireland 

Infringement  proceedings  for  failure  to  comply  with  Community  law or 
incorrect  application 

The following  cases are of particular interest: 

in banking, Italy was sent a reasoned  opinion for  discriminatory  tax 
treatment  of  banks  that  are  not  established  in  Italy.  Such  banks 
cannot  benefit  from  the  advantageous  "imposta  sostitutiva"  system 
and  therefore  have  to  pay  5%  registration  fees  on  mortgages 
instead of the favourable  rate granted to established banks; 

Austria  was  sent  a  reasoned  opinion  because  the  existence  of 
anonymous  accounts  in  Austria  is  incompatible  with  its  obligation 
to  check  the  identity  of  customers  when  they  open  an  account 
under Article 3(1) of Directive 91/308/EEC (money laundering); 

proceedings  started  against  Luxembourg  for  failing  to  bring  its 
legislation  on  insurance  brokers  into  line  with  Article  59  of  the 
Treaty  have  been  terminated,  since  the  requirement  that  directors, 
general  representatives,  inspectors,  agents  and  brokers  and  any 
other  person  performing 
insurance  operations  be  resident  in 
Luxembourg has now been abolished; 

in the securities sector,  a reasoned opinion was sent to  Germany  for 
discriminating  against  UK  investment  trusts  both  with  respect  to 
public offers  of their shares in Germany and in terms of taxation; 

in the  insurance  field,  the  Commission  sent  a  reasoned  opinion  to 
France  for  failing 
implement  Directives  92/49/EEC  and 
92/96/EEC  in  their  entirety,  as  its  legislation  implementing  these 
Directives  did  not  contain  measures  adapting  the  mutual  insurance 
code to the third non-life and life insurance directives; 

to 

a  reasoned  opinion  was  also  sent  to  Belgium  because  Belgian 
legislation  on  the  supervision  of  insurance  companies  excludes 
accidents  at  work  from  the  scope  of  Directive  92/49/EEC.  The 

54 

- 

- 

- 

Commission  considers  that  the  such  risks  are  covered  Tjy  the 
Directive, where  they  are  insured  by  private  insurance  companies. 
Finland  was  also  found  to  commit  the  same  breach  of  Directive 
92/49/EEC  and  an  Article  169 letter  was therefore  sent  to  Finland 
in 1996; 

the  Commission  also  sent  a  reasoned  opinion  to  Germany  for 
incorrect  application  of  Directive  92/49/EEC.  In  its  legislation 
the 
implementing  this  Directive,  Germany  formally  abolished 
provision  prohibiting 
transaction  of  health 
the  simultaneous 
insurance  and  other  classes  by  non-German  companies  hoping  to 
set up a branch or  operate  as service-providers  in Germany,  in line 
with  the  third  non-life  insurance  directive,  which  ruled  out  this 
possibility.  However,  Germany introduced  a new  provision  into  its 
social security legislation whereby the employee would  benefit from 
contributions  paid  by  the  employer  only  if the  insurance  company 
did not provide both health insurance and other classes of insurance 
simultaneously,  irrespective  of  where  it  had  its  headquarters.  This 
was an indirect violation of Directive 92/49/EEC; 

finally, the  Commission  sent  a  reasoned  opinion  to  Spain  because 
Spanish  legislation  implementing  Directive  84/5/EEC  did  not  meet 
the requirement  of Article  1(4) of that  Directive that  a body be set 
up with the task of providing compensation for  damage to  property 
or personal injuries  caused by an unidentified  vehicle and the victim 
be  given  a  reasoned  reply  regarding 
the  payment  of  any 
compensation. 

Cases before the Court 

As  regards  requests  for  preliminary  rulings,  the  Court  of  Justice  still  has 
not  reached  a  decision  in  Case1 C-222/95  concerning  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.47 

In  its judgment  given  on  26  March  1996  (case  C-238/94),  the  Court  of 
Justice  declared  that  social  security  schemes  such  as the  French  statutory 
social  security  schemes  providing  health  and  maternity  insurance  for  the 
self-employed  in  non-agricultural  trades,  old-age  insurance  for  those  in 
skilled  manual  trades  and  old-age  insurance  for  those  in  industrial  and 
commercial  trades  are  excluded  from  the  scope  of  Community  insurance 
directives under Article 2(2) of Directive 92/49/EEC on non-life insurance. 

The  departmental  farmers'  union  brought  a  case  against  the  Commission 
for  its  failure  to  act  (Case  C-47/96)  on  the  grounds  that,  contrary  to 
commenced 
plaintiffs' 
transposai  of 
infringement  proceedings  against  France  for 

not 
incorrect 

the  Commission 

requests, 

had 

See 13th Annual Report (1995). 

55 

Directives  92/49/EEC  and  92/96/EEC  due  to  the  monopoly  on  covering 
"health"  risks  established  by  French  legislation  in  the  field  of  statutory 
social insurance. 

As regards actions brought under Article  169 of the Treaty, in its judgment 
given  on  6  June  1996  the  Court  of  Justice  upheld  the  Commission's 
complaint  ihat  Italy's  "SIM"  Law  on  financial  intermediaries  breached 
Article 59 of the Treaty.48 

In its judgment  given on  14 November  1995 (case C-484/93),49 the  Court 
of  Justice  declared  Luxembourg's  legislation  making  the  grant  of  an 
interest  rate  subsidy for  a building loan  subject  to  the requirement  that  the 
loan  has been  obtained from a credit  institution  approved  in that  Member 
State  incompatible  with  Community  law.  Luxembourg  has  now  amended 
its legisla&onJn line with Community law. 

Since Greece has now1 implemented judgments given for its failure to  notify 
measures  transposing  Directives  90/618/EEC  (motor  vehicle  liability 
insurance  -  provision  of  services),  90/619/EEC  (second  life  insurance 
insurance  directive),50 
directive)  and  88/357/EEC  (second  non-life 
infringement  proceedings  started  on the  basis  of  Article  171  of the  Treaty 
have been terminated. 

A case was also brought  before  the Court  of Justice  against  Greece  for  its 
failure  to  transpose  Directives  92/49/EEC  (Case  C-l 11/96),  92/96/EEC 
(Case  C-l 12/96),  91/674/EEC  (Case  C-l 10/96)  and  91/371/EEC  (Case 
Cr 109/96).  Calls  were  made  for  withdrawal  of  this  case  following 
notification  of national  measures transposing  these Directives.  Proceedings 
continue  against  Ireland  for  its failure  to  transpose  Directive  91/371/EEC 
(Case  C-394/95)  and  against  Spain  for  incomplete  implementation  of 
Directives 92/49/EEC (Case C-361/95) and 91/371/EEC (Case C-360/95). 

See  10th.  11th.  12th and  13th Annual Reports (1992), (1993), (1994) and (1995) respectively 
See  12th and  13th Annual  Reports ( 1994) and (1995)  respectively. 
Joined  Cases C-109/94, C-209/94  and  C-225/94  (Judgment given on 29 June  1995). 

56 

2.2.4.5. 
services 

Progress  in  implementing  Directives  applicable  to 

financial 

Member  State 

B E L G I UM 
D E N M A RK 
G E R M A NY 

G R E E CE 
S P A IN 
F R A N CE 
I R E L A ND 

I T A LY 

L U X E M B O U RG 
N E T H E R L A N DS 
A U S T R IA 
P O R T U G AL 
FINL/vND 

S W E D EN 
U N I T ED  K I N G D OM 

Directives 
applicable  on 
31.12.1996 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 
43 

Directives  for  which 
measures  have  been 
notified 
42 
42 
42 
40 
36 
41 
41 
40 
40 
43 
39 
40 
37 
37 
41 

% 

98 
98 
9% 
93 
84 
95 
95 
93 
93 
100 
90 
93 
86 
86 
:  9 551 

this 

N o t e: 
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,  8 4 / 6 4 1, 
8 5 / 6 1 1,  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,  9 0 / 2 1 1,  90/232,  90/618,  90/619, 
91/308,  9 1 / 3 7 1,  9 1 / 6 3 3,  91/674,  92/30,  92/49,  92/96,  9 2 / 1 2 1,  93/6,  93/22, 
94/7,  94/19 

2.2.5.  Free  m o v e m e nt  of  capital 

Available 
information  shows  that  the  situation  regarding  the  movement  of 
capital  within  the  Union  is  basically  satisfactory.  Considerable  sums  of 
money  n ow  flow  across  national  borders  to  meet  the  economic  needs  of 
market  players.  A  growing  awareness  on  the  part  of  economic  agents 
regarding  the  possibilities  for  investments,  borrowing  transactions  and  risk 
management  provided  by  the  integrated  European  market  has  contributed 
to  capital  mobility  within  the  Union. 

Some  progress  has  been  made,  particularly  in  eliminating  restrictions  on 
the  physical  export  of  means  of  payment  by 
Italy  and  Spain,  on 
administering  securities  denominated  in  national  currency  by  the  United 
Kingdom  and  on  direct  foreign  investment  by  France;  these  restrictions 
have  been  subject  to  infringement  proceedings  started  by  the  Commission. 
Court  of  Justice  rulings  clarifying  the  scope  of  Treaty  provisions  on 
free' 
movement  of  capital  have  contributed  to  this  positive  trend. 

The notification  rate for the United Kingdom disregards the situation as to the  implementation  of 
directives in Gibraltar, which  is subject to special  monitoring. 

57 

The  Commission  took  action  to'  eliminate  the  final  impediments "and 
indirect  restrictions  on  free  movement  of  capital  both  in  cases  already 
identified  in last year's  report  and in new cases. These impediments take 
the  shape  of  constraints  on  investments  abroad  by  institutional  investors 
which  are  not justified  by  prudential  rules,  restrictions  on  purchases  of 
holdings  in  nationalized  companies  and  of  property  in  certain  regions, 
conditions  for  the  admission  of  foreign  securities  to  domestic  capital 
markets and favourable tax provisions for certain financial investments. 

A  reasoned  opinion  has  been  addressed  to  Belgium  in  infringement 
proceedings concerning restrictions imposed by both Belgium and Greece 
on  the  purchase  by  residents  of  assets  denominated  in  foreign  currency 
issued abroad when transferring funds and investments abroad. Elimination 
of indirect  restrictions on the free movement  of capital presents a number 
of  specific  problems,  since  a  distinction  must  be  made between  cases in 
which these  restrictions  can be justified  by  general  interest  and  those  to 
which these grounds do not apply. 

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 will be examined in a general  study to be completed  by the end of 
1997, no particular difficulties  have arisen in the transposai of directives in 
this  field. 

The Commission has brought  an action against  Germany (case C-l91/95) 
for incorrect application of Directive 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 
90/605/EEC (amending the scope of the Directives on annual accounts and 
consolidated accounts). 

Reasoned  opinions  had  already  been  sent  to  Greece,  Ireland  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): these cases have not yet been terminated. 

58 

2.2.6.1. 
law 

Progress  in implementing  Directives  applicable  to  company 

Member  State 

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

Directives 
applicable on 
31.12.1996 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 
12 

Directives for which 
measures have been 
notified 
12 
12 
11 
11 
12 
12 
11 
12 
11 
12 
12 
12 
12 
12 
12 

% 

100 
100 
92 
92 
100 
100 
92 
100 
92 
100 
100 
100 
100 
100 
10052 

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. 

2.2.7.  Intellectual and industrial  property 

There  is  currently  only  one  directive  in  force  in  the  field  of  industrial 
property  - 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 trade 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,  the  Member  States  retain  complete  freedom 
lay  down 
arrangements best suited to their traditions. 

to 

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. 

52 

The notification  rate for the United Kingdom disregards the situation as to Ihe implementation  of 
directives  in Gibraltar, which  is subject  to special  monitoring. 

59 

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 
arrangements but have effect in the Member States. 

international 

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

The  deadline  for  the  transposai  of  'this  Directive  was  extended  until 
31 December  1992. 

All  of  the  Member  States,  including  the  new  Members,  have  notified  the 
Commission  of  national  legislation  on  the  transposai  of  this  Directive.  The 
Spanish  authorities  notified  the  Commission  of  transposai  even  before  the 
Directive  had  been  adopted.  The  Commission  is currently  checking  that  the 
measures adopted at national level conform to the Directive. 

Copyright and related rights 

Member  States  generally  adopt  the  national  measures  implementing  the 
directives  relating  to  this  sector  only  after  long  delays  and  often  only  after 
infringement  proceedings have been launched. 

All  Member  States  have  now  notified  their  national  measures  transposing 
topographies  of 
Directive  87/54/EEC  on 
semiconductors. 

legal  protection  of 

the 

In the case of Greece, the examination of the national implementing legislation 
revealed  several 
infringements  of  Community  provisions.  The  Greek 
authorities  sent  the  Commission  a  draft  text  amending  the  offending 
regulation  and  remedying  the  infringements.  This  text  was  adopted  in 
November  1995, with  the  result  that  the  infringement  proceedings  could  be 
dropped. 

All Member  States have now  notified  the Commission  of national measures 
implementing  Directive 91/250/EEC  on  the  legal  protection  of  computer 
programs. The examination  of  the measures notified  by the United  Kingdom 
revealed problems of compatibility with Community legislation, the UK having 
chosen  to  retain  certain  concepts  of  copyright  in  the  transposai  of  the 
Directive, instead of adapting its traditions in this area to  the requirements  of 
the Community regulations.  After  an Article 169 letter to the UK and  a reply 
from the British authorities, it transpired that the issue could be resolved once 
and for all by transposing the other Directives on copyright into national law. 

60 

Ireland,  Luxembourg,  Portugal  and  the  United  Kingdom  have  yet  to 
communicate national measures implementing Directive 92/100/EEC (lending 
right). Infringement  proceedings against these states have reached the stage of 
the reasoned opinion. 

* 

Only Belgium, Denmark,  Spain,  Finland,  Sweden  and  Austria  have  notified 
national  measures 
(on  satellite 
broadcasting  and  cable  retransmission).  Infringement  proceedings  against  the 
other Member States have reached the stage of the reasoned opinion. 

implementing  Directive  93/83/EEC 

Directive 93/98/EEC on the term of protection of copyright and certain related 
rights  has  been  transposed  into  national  legislation  in  11  Member  States. 
Infringement  proceedings against  the other four have reached the stage of the 
reasoned opinion. 

Finally,  no  Member  State  has  yet  notified  implementing  measures  for 
transposai of Directive 96/9/EC on the legal protection of data bases. 

2.2.7.1. 
and industrial property 

Progress  in implementing  Directives  applicable  to  intellectual 

Member  State 

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

Directives 
applicable on 
31.12.1996 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 

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

% 

100 
100 
83 
67 
100 
67 
67 
67 
50 
67 
67 
50 
83 
83 
50 

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

61 

2.2.8.  Public  procurement 

Nearly two  years after  the  expiry of the deadline for  transposing  the  latest 
directives  adopted  in  the  field  of  public  procurement,  a  large  number  of 
measures  have  still  not  been  transposed.  In  the  case  of  Directive 
92/50/EEC  on  services,  for  example,  the  five  Member  States  (Belgium, 
the 
Greece,  France,  Germany  and  Austria)  which  had  not  notified 
Commission  of national  implementing measures have still not fulfilled  their 
obligations, resulting  in judgments against them by the Court  of Justice  on 
2  May  1996.53  The  Commission  has  now  decided  to  bring  action  against 
Belgium in the Court. 

Similarly, four Member  States have failed  to notify  measures  implementing 
Directive 93/36/EEC on supplies, and the Commission has decided to bring 
actions  against  them  in  the  Court  of  Justice  (Belgium,  Germany,  France, 
Italy).  Four  other  Member  States  have  failed  to  comply  with  their 
obligations  under  Directive  93/38/EEC  on  excluded  service  sectors54  and 
the  Commission  has decided  to bring  actions  against  them  in the  Court  of 
Justice too (Belgium, Germany, France, United Kingdom). 

The texts notified  to the Commission have been examined for  compatibility 
with Community legislation, revealing numerous problems in many Member 
States where the national legislation is inadequate or incorrect. 

The scrutiny of national implementing measures revealed four  new cases of 
infringement  for  incorrect transposai, bringing the number of cases pending 
in this  category  to  29.  Some  of  these  cases  involve  questions  of  principle 
which could undermine the liberalization of public contracts  awarded  in the 
Member  States concerned. 

The situation in the three new Member  States is still under examination, but 
numerous  problems  have  already  been  identified  with  existing  national 
legislation. 

The Commission continued its monitoring of the application of Community 
law  in  the  procedures  for  awarding  private  contracts,  by  following  up 
complaints and investigating and checking cases on its own initiative. 

The Commission processed  148 complaints and investigations of its own in 
1996,  including  42  new  cases.  It  was  able to  settle  97  cases,  mostly  as  a 
result  of  action  by the  awarding  authorities  or  their  supervisory  bodies  to 
remedy 
irregularities.  The  dialogue  and  consultation  procedure 
("package  meetings"),65  set  up  to  help  Member  States  find  and  reach 
agreement  on  solutions  to  outstanding  disputes  which  conform 
to 
Community law, undoubtedly helped in this respect. 

the 

53 
54 

Cases C-253/95  (Germany), C-234/95  (France) and  C-311/95 (Greece). 
Water, gas and electricity 
See also Section 2.2.11 above. 

62 

A few of these cases deserve special mention: 

~  " 

the  case  of  a  contract  for  supplying  various  goods  in  the  hospital 
sector which was awarded  by negotiated  procedure without  any of 
the  conditions  for  using  this  type  of  procedure  being  fulfilled. 
Following  Commission  intervention, the authorities  of the  Member 
State  set  aside  the  disputed  procedure  and  began  new  procedures 
that complied with Directive 93/36/EEC; 

in another Member State, a contract to supply computer  equipment 
had  also  been  awarded  by  mutual  agreement,  without  any 
justification  for  the absence of  competitive  tendering.  The  contract 
having been fully  executed, the national authorities  adopted  precise 
instructions  addressed  to  the  departments  concerned  in  order  to 
clear  up  the  confusion  that  had  given  rise  to  the  irregularities 
documented; 

in a third  case, a tender that  did  not  comply with the  specifications 
was accepted  in the process  for  awarding  a public works  contract, 
constituting  a  breach  of  the  principle  of  equal  treatment  that 
invalidated 
the  contract.  Following 
representations  by the  Commission,  the  authorities  of  the  Member 
State  in  question  set  aside  the  decision  awarding  the  contract  and 
repeated the phase of the disputed  procedure. 

the  decision  awarding 

In  other  cases,  however,  it  proved  impossible  to  reach  agreement,  and 
infringement  proceedings had to be carried through to their conclusion. 

The  Commission  brought  three  actions  in  the  Court  of  Justice.  They 
concerned the construction of a Parliament  building for  the Flemish Region 
of Belgium  (Vlaamse  Raad),  the  supply  of  fertilizer  for  the  Irish  Forestry 
Board,  and the construction of an administrative and cultural complex in St 
Pôlten, capital of the state of Niederôsterreich. 

All  three  cases  involved  a  failure  to  award  the  contract  on  the  basis  of 
competitive  tendering.  In  the  first  two  cases  the  Member  States  are 
contesting  the  designation  of  the  project  administrator  as  adjudicating 
authority,  while  in  the  third  case  a  specific  provision  of  the  regional  law 
deliberately excluded application of Community law. 

In the first six months of the year the Court  of First  Instance and the Court 
of  Justice  gave  judgment  in  several  cases  relating  to  public  contracts, 
including the following  important examples: 

Case  C-87/94  Commission  of 
the  European  Communities  v 
Kingdom  of  Belgium  (Walloon  buses),50  which  deals  with  the 
following  issues:  equal  treatment  of  tenderers,  change  in  tender, 
failure  to  comply  with  criteria  for  awarding  the  contract  and  the 
principle of transparency; 

Judgment  given  on  25  April  1996.  [1994] ECR  1-1395. 

63 

Case  C-318/94  Commission  of  the  European  Communities  v 
Federal  Republic  of  Germany  (dredging  of  the  lower  Ems)57 
concerning the following issues: failure  to  publish a contract  notice, 
urgency, 
strict 
unforeseeable  occurrence. 

interpretation 

exceptions: 

overriding 

of 

2.2.8.1. 
procurement 

Progress  in  implementing  Directives  applicable  to  public 

The  table  below  does  not  include  information  on  national  provisions  that 
have  to  be  adopted  in  certain  Member  States  because  power  is  shared 
between different  institutional structures (e.g. Austrian Lander). 

Member  State 

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

Directives 
applicable on 
31.12.1996 
11 
11 
11 
8 
10 
11 
11 
11 
11 
11 
11 
8 
11 
11 
11 

Directives for which 
measures have been 
notified 
9 
11 
8 
7 
8 
8 
11 
10 
11 
11 
7 
8 
11 
11 
10 

% 

82 
100 
73 
88 
80 
73 
100 
91 
100 
100 
64 
100 
100 
100 
9158 

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

2.3.  Removal  of tax  barriers 

2.3.1.  Direct  taxation 

Personal  taxation 

In  cases involving  Articles 48 and  52 of the EC  Treaty  (free  movement  of 
persons)  and  Regulation  No  1612/68  the  Court  of  Justice  has  repeatedly 
applied  the general  principles of non-discrimination  and  equal treatment  of 

Judgment given on 28 March 1996. 
The notification  rate for the United Kingdom disregards the situation as to the implementation of 
directives in Gibraltar, which is subject to special monitoring. 

64 

workers  exercising  their  right  to  mobility  in  the  context  of  the  tax 
treatment  of residents of a Member  State as compared  with  non-residents. 
In substance, wherever a non-resident is in the same objective  situation as a 
resident  for  tax purposes,  the Court  has held  that  imposing  a different  tax 
nationality 
scheme 
discrimination. 

constitutes  potential 

(non-residents' 

scheme) 

This was the Court's  point  in a case concerning the personal  and  family  of 
employed  persons  who  earned  virtually  all  their  income  in  the  Member 
State  of  employment  although  they  resided  in  another  Member  State, 
where their  personal  situation  (marital  status,  dependent  children, the first 
Schumacker^ judgment)  was  not  taken  into  account.  Likewise,  the 
application  of  a  higher  tax  scale  to  the  income  of  non-residents  than  to 
residents  for  tax  purposes  in  the  same  Member  State  was  held  to  be 
discriminatory where the non-resident earned virtually all his income in that 
State (Ascher). 

Following  the  judgments  in  Schumacker,  Wielockx  and* Ascher, 
the 
Commission  has initiated  contacts  with the Member  States to  monitor  the 
progress of planned legislation to give effect  to these principles. 

In  this  connection,  the  Commission  welcomes  that  fact  that  the  United 
Kingdom's  Finance  Act  1996  extends  the  tax  allowances  available  until 
now  only  to  residents  of  the  Commonwealth  and  taxpayers  from  certain 
other  countries  to  all  nationals  of  Member  States  of  the  European 
Economic Area (EEA). 

Similarly,  the  Commission  has  closed  its  file  on  a  case  of  discrimination 
against  foreign  health  insurance  companies  in  Ireland.  Ireland  enacted  a 
provision  in  its  Finance  Act  1996  which  will  extend  income  tax  relief  to 
premiums paid to institutions of other Member States. 

The  Commission  was  able  to  terminate  several  infringement  proceedings 
commenced  against  Member  States  for  failure  to  comply  with  Community 
law. 

Germany,  for  instance,  finally  granted  the  parents  of  a  disabled  child 
residing  abroad  the  same  tax  relief  as  the  parents  of  a  child  residing  in 
Germany.59 

Company  taxation 

Belgium  abolished  the  difference  in  company  tax  rates  between  Belgian 
companies  and  permanent  business  establishments  (branches  of  foreign 
companies). 

A  reasoned  opinion  has  also  been  sent  to  France  on  the  subject  of  the 
provisions  of the  general  tax  code  which  subject  the  profits  of  permanent 
establishments  of foreign  companies to  a tax at  source  at  a rate that  varies 

59 

See  13th Annual Report (1995). 

65 

according  to  the  country  in which  the  company  has  its  registered  offices, 
by virtue of bilateral  dual-taxation  conventions. These  provisions impose a 
different  tax  system  based  indirectly  on  the nationality  of the  company,  in 
violation of Article 52 of the Treaty. 

As  regards  notification  of  implementing  measures,  the  Commission  has 
received  national  measures  transposing  all  of  the  Directives  from  all 
legislation 
Member  States  except  Greece,  which  has  not  notified 
transposing Directive 90/434/EEC on mergers (see point 2.3.1.1. below). 

Capital transfer duties - Directive 69/335/EEC 

The  interpretation  on  the  directive  on  indirect  taxation  on  the  raising  of 
capital  has generated  an extensive body  of  case-law.  Among  other things, 
the  Court  of  Justice  gave  judgment  on  13 February  1996  in  Cases  C-
197/94  and  C-252/94  Bautiaa,  declaring  that  the  French  legislation 
maintaining the tax on registration of capital transfers in the merger context 
at  1.2%  incompatible with Article 7(1) of the directive. 

The Court  also  specified  that  the  prohibition by Article  10 of the  directive 
on  charging  other  taxes  on  such  capital  transfers  applied  only  to  indirect 
taxation  (Case  C-287/94  Frederiksen  &  Co.,  judgment  given  on 
26  September  1996),  and  that  the  prohibition  did  not  extend  to  an  annual 
tax  for  registration  of  a  company  with  a  chamber  of  commerce  and 
industry (Case C-2/94 Denkavit International  BVand  others). 

A  large  number  of  questions  are  currently  before  the  Court  of  Justice  for 
preliminary  rulings  on the  compatibility  with  Community  law  of  limitation 
periods  for  the  repayment  of  amounts  due  following  rulings  that  taxes 
charged by a Member  State were not in conformity  with the capital  transfer 
duties  directive  (C-188/95  Fantasak,  C-231/96  Edis,  C-260/96  Ansaldo 
Energia  C-280/96,  C-281/96  and  C-10/97  In.co.ge  90  Sri).  Among  other 
points, they  include the  question  whether  the  limitation  period  runs from 
the date the offending  tax was charged  or the  date when the directive was 
properly transposed. 

There  are  also  a  series  of  questions  concerning  the  interface  between  the 
directive  and  charges  for  company  reorganizations  or  registrations  where 
the  operation  is to  combine capital  from  different  sources in whatever  way 
(Cases  C-8/96  Locamion,  C-42/96  SIF,  C-347/96  Solred,  and  C-31/97 
and  C-32/97  Fecsa  autopistas).  The  same  question  has  been  asked  as 
regards corporation taxes (Case C-4/97 Noiwoven  Spa). 

The  United  Kingdom's  Finance  Act  1996  amended  the  Stamp  Duty 
Reserve  Tax  applied  to  security  transactions  to  abolish  discrimination 
against non-British clearing houses. They can now choose between a tax of 
1.5%  of the value of the securities or 0.5% per transaction. 

66 

Progress  in  implementing  Directives  applicable  to  direct 

2.3.1.1. 
taxation 

Member  State 

' 

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

Directives 
applicable on 
31.12.1996 
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 
4 
4 
4 

% 

100 
100 
100 
75 
100 
100 
100 
100 
100 
100 
100 
100 
100 
100 
10060 

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

2.3.2.  Indirect taxation 

Article  95 of the Treaty 

The  Commission  has  sent  a  reasoned  opinion  to  Italy  following  the 
introduction  of  a  special  levy  on  the  price  of  unprocessed  polyethylene 
which  violates  Article  95  of  the  Treaty  because  the  tax  on  plastic film 
produced in Italy is less than that on the same products from other Member 
States.  The levy is applied  in the first case to the value of the raw  material 
and in the second to the value of the finished product. 

The  Commission  has  also  decided  to  bring  infringement  proceedings 
against Belgium for  insisting that  consignments  of non-alcoholic  beverages 
from other  Member  States  must  be  cleared  for  home  use  as  soon  as  they 
enter  Belgium,  at  the  first  Belgian  office  regarded  as  a  frontier  office 
before  1 January  1993, or that the consignee must first have set itself up as 
a registered  depositor  or registered  trader,  with all the obligations that this 
entails.  The  Commission  believes  that  the  continued  application  of  such 
measures  is  contrary  to  Article  95  of  the  Treaty  and  Article  3(3)  of 
Directive  92/12/EEC  on the general  arrangements  for  products  subject  to 
excise  duty  and  on  the  holding,  movement  and  monitoring  of  such 
products. 

60 

The notification  rate for the United Kingdom disregards the situation as to the implementation of 
directives in Gibraltar, which is subject to special monitoring 

67 

Finally, the Court  of Justice  has struck  out  the case against  Luxembourg 
for  exempting  sample  discs  and  books  from  VAT  on  the  domestic 
market.61 

Value-added tax 

The  Commission  has  commenced  two  new  series  of  infringement 
proceedings for failure to notify national implementing measures: 

one  relates  to  Austria  and  Italy  in  respect  of  Directive  95/7/EC 
introducing new simplification measures with regard to value added 
tax  -  scope  of  certain  exemptions  and  practical  arrangements  for 
implementing them; 

- 

the other relates to all Member States except Finland, Italy and the 
Netherlands in respect of Directive 96/42/EC introducing a reduced 
rate  of  VAT  for  supplies  of  live plants  and  other  outputs  of  the 
floricultural and  horticultural  sectors  and  wood  for  use  as 
firewood.b2 

The infringement  proceedings commenced in  1995 against Belgium, Italy, 
France,  Luxembourg,  the  Netherlands  and  Portugal  for  failure  to  notify 
measures transposing Directive 94/76/EC introducing transitional measures 
applicable  to  VAT  in  the  context  of  the  enlargement  of  the  European 
Union  have  been  dropped  following 
the  notification  of  national 
implementing measures.63 

Similarly,  the  Commission  was  able  to  drop  the  proceedings  against 
Portugal  relating to  Directive 94/5/EC  on the  special  VAT  arrangements 
applicable  to  second-hand  goods,  works  of  art,  collectors'  items  and 
antiques.64 

As regards application  of the 6th VAT Directive (Directive 77/388/EEC), 
the Council - under pressure from the Commission - reached agreement on 
the  common  system  of  VAT  on  cut  flowers,  ornamental  plants  and 
firewood,  thus  ending  a three-year  dispute  between  Member  States.  The 
Directive  allows  Member  States  to  apply  a  reduced  VAT  rate  to  live 
plants, other outputs of floriculture and horticulture (including bulbs, roots 
and  the  like,  cut  flowers  and  ornamental  foliage)  and  wood  for  use  as 
firewood  for the duration of the transitional tax system for  trade between 
Member States referred to in Article 28(1) of the 6th Directive.65 

61 
62 

63 
64 
65 

Case C-1-52/96 
See the earlier  reference  to  infringement  proceedings  under  Article  170 of the  Treaty  connected 
with the adoption of this Directive. 
See  13th Annual Report (1995). 
Ibid. 
Directive 96/42/EC of 25 June  1996 (OJ No L  170, 9 July  1996. p. 34). 

68 

Under  Community  VAT  legislation,  the  Council  ought  to  have  taken  a 
decision by the end of  1994. However, because it had proved impossible to 
adopt  such a decision by this date and the previous  agreement  sanctioning 
the  status quo  (allowing Member  States that  applied  a reduced  rate  on  31 
December  1992  to  continue  to  do  so,  while  the  others  were  required  to 
apply  the  standard  rate)  had  expired,  the  Member  States  applying  a 
reduced  rate  after  this  date  were  clearly  violating  Community  law.  The 
structural differences  between the VAT rates applied by the Member  States 
to  outputs  of the floricultural and  horticultural  sectors  had  also  given  rise 
to  cases of  fraud  - which  had  been  reported  -  and  hence to  distortions  of 
competition. In  1995, the country worst  affected,  Belgium, therefore  called 
for  proceedings as provided  for  in Article  170 of the Treaty to be brought 
against  countries  applying a reduced  rate in this sector.  In December  1995 
Parliament  delivered  a  favourable  opinion  on  the  proposal  for  a  Council 
directive  on  the  taxation  of  agricultural  products  presented  by  the 
Commission/thus  enabling  the  Council,  for  the  first  time,  to  vote  on  the 
proposal. 

In  view  of  the  situation,  however,  the  Commission  felt  compelled  to 
intervene,  either  by  trying  to  persuade  the  Member  States  to  accept  its 
initial proposal for a directive (or a reasonable compromise), or by referring 
infringements  to  the  Court  of Justice.  In the  end  the  Member  States  were 
willing  to  accept  a  compromise  submitted  by  the  Belgian  government, 
which  is broadly  similar  to  the  Commission's  initial  proposal66  but  with  a 
number of technical changes. 

As part of its monitoring of the correct  application  of the provisions of the 
6th VAT Directive, the Commission also decided to initiate a large number 
of new infringement  proceedings against the following  countries: 

- 

- 

- 

- 

Germany,  which  has  amended  its  legislation  on  exempting  gold 
transactions,  whereas  the  6th  Directive  does  not  allow  for  the 
introduction of any new exemptions; 

Greece,  which,  on  the  one  hand,  levies  VAT  on  taxi  drivers' 
income  based  on  a flat-rate  amount  significantly  lower  than  actual 
turnover  and,  on the other,  continues to  apply  a number  of  special 
VAT  rules  and  customs  formalities  that  impede  the  smooth 
working of the single market; 

Spain,  for  exempting  imports  of military  equipment  from  VAT  and 
for  excessive  delays  in  refunding  VAT,  which  causes  particular 
hardship in the food  sector; 

France,  for  exempting  payments  to  public  and  private  non-profit 
making  medical  establishments  from  VAT  and  for  the  way  it  taxes 
waste treatment  companies based in other Member States; 

66 

COM(94) 584  final,  13 December  1994 (OJ No C 389, 31 December  1994, p.  14). 

69 

Italy,  both  for  denying  real  estate  companies  the  right  to  deduct 
VAT  and  for  applying  a zero  rate  to  industrial  waste,  contrary  to 
the Directive, which no longer permits such an exemption.  Separate 
proceedings  relate  to  the  special  reduced  rate  of  4%  which  Italy 
introduced 
last  year  for  medicines  and  other  pharmaceutical 
products,  despite  the  fact  that  the  Member  States  have  not  been 
allowed to introduce any new reduced rates since  1991; 

Portugal, which,  like Spain,  exempts imports  of military  equipment 
and  also  restricts  the  right  to  deduct  VAT  in  various  areas  of 
activity. 

The  Commission  also  brought  actions  against  two  Member  States  in  the 
Court of Justice: 

Spain,  for  exempting  from  VAT  services  relating  to  the  sporting 
activity of clubs and sports federations67  and 

France,  for exempting from  VAT  occasional  and  permanent  rentals 
of  furnished  accommodation*8  and  for  refusing  to  allow  tax  to  be 
deducted  in  the  case  of  purchase  of  helicopters  by  companies 
providing flying or lifting  services.69 

it  was  possible  to  drop  several 

On  the  other  hand, 
infringement 
proceedings  that  were  already  under  way  following  action  by  the 
Commission,  the  Member  States  in  question  having  amended  the  relevant 
national  legislation: 

- 

Greece: taxation of second-hand vehicles; 

"7 0 

Spain:  failure  to  comply  with  provisions  of the  8th  VAT  Directive 
on the time-limit for refunding  VAT to foreign  taxpayers;71 

Portugal:  requirement  that  taxpayers not  established  in the  country 
use a special model VAT return.72 

Finally, in the proceedings initiated  against France under  Article  171 of the 
Treaty for failing to implement the Court's judgment  of  17 November  1993 
concerning  VAT  on  certain  advertising  services,  the  Commission  sent  a 
supplementary letter of formal notice. 

67 
68 
69 
70 
71 
72 

Case C-l24/96. 
Case C-60/96. 
Case C-43/96. 
See  13th Annual Report (1995). 
Ibid. (Case C-16/95). 
See  13th Annual Report (1995). 

70 

Excise duties 

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

The  Commission  has  decided  to  initiate  two  infringement  proceedings 
against  France  relating  to  excise  duties  on  alcoholic  beverages,  for  the 
following reasons: 

the  introduction  of  two  separate  systems  for  "naturally  sweet  or 
liqueur-like" wines, depending on whether they were  produced  in 
France or come from other Member States, the latter being subject 
to  conditions  not  provided  for  in  Directive  92/83/EEC  and 
requiring  prior  recognition  by  decree  as  eligible  for  treatment  as 
wines for tax purposes (such a difference  in tax treatment between 
similar  products  depending  on whether  they  are  produced  on  the 
domestic market or in other Member States being also contrary to 
Article 95 of the Treaty); 

infringement  of  Directive  92/12/EEC  on  the  general  system  of 
excise  duties:  although  the  social  security  contribution  which 
applies to alcoholic beverages in France could be maintained under 
the terms of this Directive provided it served specific purposes and 
complied with the structure imposed by the harmonization of excise 
duties,  the  contribution  in  question  is  incompatible  with  this 
structure  in  that  it  does  not  apply  to  all  alcoholic  beverages  as 
defined  in  Directive  92/83/EC,  but  only  to  beverages  with  an 
alcoholic strength by volume of 25% vol. or more, and because it is 
levied  on  the  basis  of  the  volume  of  beverage  and  not  the  pure 
alcohol content. 

Infringement  proceedings  have  also  been  initiated  against  Greece  in 
connection with excise on manufactured  tobacco. Greek legislation allows 
the  Minister  of  Finance  to  set  the  minimum  price  for  manufactured 
tobacco, whereas Directive 72/464/EEC expressly states that the producers 
or importers of manufactured  tobacco  are free to  set  the maximum price 
for retail sales of these products. 

71 

2.3.2.1. 
taxation 

Progress  in  implementing  Directives  applicable  to  indirect 

. 

^_ 

1 

Member  State 

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

Directives 
applicable on 
31.12.1996 
41 
40 
40 
41 
40 
40 
40 
40 
40 
40 
40 
40 
40 
40 
40 

Directives for 
which measures 
have been  notified 
39 
39 
39 
40 
39 
39 
40 
39 
39 
39 
39 
40 
39 
39 
39 

' 

% 

95.1 
97.5 
97.5 
97.6 
97.5 
97.5 
100 
97.5 
97.5 
97.5 
97.5 
100 
97.5 
97.5 
97.5 

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, 95/7, 95/59, 95/60, 96/42. 

72 

CONSUMER PROTECTION AND PRODUCT  SAFETY 

1. 

INTRODUCTION 

There  are  a  few  general  points  to  be  made  regarding  the  conduct  of  the 
Member  States in the matter of transposai. 

Of  the  62  directives  adopted  in  this  area  (including  directives  not  yet  due  for 
transposai),  the  Member  States  have  notified  the  Commission  of  measures 
implementing  41. 

the 

time  allowed  has  elapsed; 

As was the  case last  year,  most  of the Member  States  adopt  transposai  measures 
recent  Directives 
only  when 
(Nos 93/35/EEC,  93/47EEC,  93/73/EEC,  94/32/EC  and  94/47/EC)  typify  the 
practice.  Half  the  Member  States  account  for  the  bulk  of  the  infringement 
proceedings. National  implementing  measures are notified  only  after  the  reasoned 
opinion has been issued. 

the  most 

2. 

SITUATION SECTOR BY SECTOR 

2.1.  Cosmetics 

Transposai problems persist. 

The  proceedings  commenced  against  Greece,  Spain,  France  and  Portugal 
for  infringement  of the basic Directive (76/768/EEC) are still in motion. 

In particular,  the proceeeding against France, in which the Court  of Justice 
has  already  given judgment,73  is continuing  as France has yet to  amend  its 
legislation. 

for  Directive 

As 
time 
Directive 76/768/EEC,  several  Member  States  have  still  to  notify  the 
Commission of their implementing measures. 

93/3 5/EEC 

amending 

sixth 

the 

for 

On  1  June  1996 
the  Commission  published  Decision  96/335/EC 
establishing  an  inventory  and  a  common  nomenclature  of  ingredients 
employed  in  cosmetic  products.  Article  5a  of  Directive  93/3 5/EEC 
requierd  publication  to  be  made  by  14  December.  The  delay  had  been 
taken  to  justify  delays  in  transposai  of  Directive  93/3 5/EC,  but  now 
publication has taken place there are no further  grounds to warrant  defects 
in transposai. 

Case C-246/91  [1993| ECR  1-2289. judgment  given on 5 May  1993; see also  13th Report (1995). 

73 

2.2.  Textiles 

The chief aim of the directives  here (concerning textile names and  analysis 
methods) is to secure both free circulation of textile products and to  inform 
consumers. There are no specific problems of transposai. 

In  1994  the  procedure  for  formal  consolidation  was  launched  for 
Directive 71/3 07/EEC  on 
the 
Member States relating to textile names and Directive 72/276/EEC relating 
to  certain  methods  for  the  quantitative  analysis  of  binary  textile  fibre 
mixtures, both amended on many occasions. 

the  approximation  of 

laws  of 

the 

To  secure transparency  and  clarity  on  Community  law, this  proposal  aims 
to consolidate in a single instrument  all the instruments enacted  since  1971 
(textile names) and  1972 ( anamysis methods). Proceedings are now at the 
final stages.74 

2.3. 

Safety and health 

Three Member  States (Germany,  Ireland  and  Luxembourg  have yet  notify 
the  Commission  of measures transposing  Directive  92/59/EEC  on  general 
product  safety,  which  entrered  into  force  on  29  June  1994.  Proceedings 
against Luxembourg  have been referred  to  the Court  of Justice; the  others 
are still at the scrutiny stage. 

2.4. 

Protection of economic interests 

Regarding  Directive  90/314/EECon  package  travel,  package  holidays  and 
package tours,  it is worth  noting that  in Dillenkofer15  the Court  of Justice 
gave  judgment  in  the  consumers'  favour.  Confirming  what  its  earlier 
rulings in Francovich and Faccini-Dori,16 the Court held: 

Failure  to take any measure to transpose a directive  in order  to achieve 
that  purpose 
the  result  it  prescribs  within  the  period  laid  down  for 
constitutes per  se  a  serious  breach  of  Community  law and  consequently 
gives  rise  to a  right  of  reparation  for  individuals  suffering  injury  if  the 
result prescribed  by the directive entails  the grant  to individuals of  rights 
whose content  is identifiable and a  causal  link  exists  between the  breach 
of the State's  obligation and the loss and damage suffered.  ' 

This judgment is of crucial importance for European consumers. 

the  Member  States  have  now  notified  measures 

All 
Directive 90/314/EEC. 

transposing 

74 

75 
76 

Council common position published in OJ No C 196, 16.7.1996. 
Joined Cases C-178/94, C-l79/94, C-l88-190/94, judgment given on 8 October 1996. 
Joined Cases C-6/90, C-9/90 [1991] ECR 1-5357 (judgment given on 19 November  1991), and 
Joined Cases C-91/92 [1994] ECR 1-3325 (judgment given on 15 July 1994) respectively. 

74 

The time allowed  for  transposing  Directive  94/47/EC  on the  protection  of 
purchasers  in  respect  of  certain  aspects  of  contracts  relating  to  the 
purchase  of  the  right  to  use  immovable  properties  on  a  timeshare  basis 
expired in April  1997, but  no Member  State  has yet  notified  implementing 
measures. 

2.5. 

Progress 
protection and product  safety 

in 

implementing  directives 

applicable 

to 

consumer 

Member State 

Directives 
applicable  on 
31.12.1996 

REUGTUM 
DENMARK 
GERMANY 
GREECE 
SPATN 
FRANCE 
TRET. AND 
TTAT.Y 
TTTYFMTtOTTRG 
NETHERLANDS 
AUSTRTA 
PORTUGAL 
FTNTAND 
SWEDEN 
UNITED  KINGDOM 

.54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
54 
*  54 
54 
54 

Directives for 
which measures 
have been 
notified 
48 
51 
48 
46 
47 
47 
46 
48 
47 
50 
52 
-•  45 
51 
48 
48 

% 

88 
95 
88 
86 
88 
88 
86 
89 
86 
92 
96 
84 
97 
92 
92 

Note:  this table concerns the following  directives: 
Cosmetics 
76/768,  80/1335,  82/47,  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, 96/41, 96/45. 

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 

75 

COMPETITION 

1. 

INTRODUCTION 

In  1996  the  deadlines  passed  for  Member  States  to  notify  national  measures 
implementing three Directives in the telecommunications  field. 

The number of individual infringement proceedings commenced was similar to that 
in  1995.  They  mainly  concerned  telecommunications  and  access  to  port 
infrastructures. 

2. 

SITUATION SECTOR BY SECTOR 

2.1.  Public enterprises 

In the telecommunications field the Commission decided to  send reasoned 
opinions  to  Portugal,  Ireland,  Luxembourg,  Greece,  Italy  and  Spain  for 
failure  to  notify  measures  implementing  Directive  94/46/EC  on  satellite 
communications.  Portugal  subsequently  notified  the  Commission  of  its 
implementing legislation.77 

Three  Directives  fell  due  for  transposai  in  this  field  -  96/19/EC 
(liberalization  of  alternative  infrastructures),  95/51/EC  (abolition  of 
restrictions  on  the  use  of  cable television  networks  for  the  provision  of 
already liberalized telecommunications  services) and 96/2/EC (mobile and 
personal  communications  systems). The situation regarding notification  of 
national implementing measures is as follows: 

all  the  Member  States  except  Belgium,  Italy  and  Austria  have 
notified  measures 
implementing  Directive 96/19/EC.  Ireland, 
Portugal,  Greece and Luxembourg  asked  for  an  additional  period 
of  grace,  as  provided  for  by the  Directive.  The  Commission  has 
accepted Ireland's request and is scrutinizing the requests from the 
other Member States concerned; 

seven  Member  States  have  notified  measures  implementing 
Directives 95/51/EC and 96/2/EC. Portugal and Ireland have asked 
for additional time. The Commission has accepted Ireland's request 
and is looking into Portugal's. 

The  Commission  also  acted  against  Spain,  requiring  it  by  Decision  of 
18 December  1996 to  remove the  distortion  of  competition  generated by 
the  initial  payment  imposed  on  the  second  mobile-telephone  operator, 
Airtel. Spain has been given until 24 April 1997 to notify  the Commission 
of measures to implement the directive. 

Decree Act No  120/96, 7 August  1996. 

76 

has 

now 

transposed  Directive 93/84/EEC 

Belgium 
amending 
Directive 80/723/EEC  on  the  transparency  of  financial  relations  between 
Member  States  and  public  undertakings,  but  no  implementing  measures 
have  yet  been  received  from  Greece,  although  some  information  was 
supplied by letter dated 20 May  1996.78 

Individual  cases 

On  the  telecommunications  front  the  Commission  was  satisfied  with  the 
remedial  measures  notified  by  the  Italian  Government  to  comply  with 
Article 2 of Decision  95/489/EC on the conditions  imposed  on the  second 
GSM mobile telephone  operator  in Italy.79 Under this Decision the  Italian 
Government  was  asked  to  end  the  distortion  of  competition  arising  from 
the  initial  payment  imposed  on  Omnitel  Pronto  Italia  and  to  ensure  equal 
treatment  of  GSM  operators  on the  Italian  market.  While  Omnitel  Pronto 
Italia  had  to  pay  ITL  750  billion  for  a  GSM  licence,  Telecom  Italia 
obtained its licence free of charge.80 

The  Commission  took  similar  action  against  other  Member  States  which 
required  a  second  operator  to  pay  an  initial  fee.  As  a  consequence, 
Belgium  and  Ireland  decided  to  impose  a  similar  fee  on  the  public-sector 
GSM  operator.  Both  countries  have  since  confirmed  that  these  fees  have 
been paid. 

In  the  transport  field,  mention  must  be  made  once  again  of  the  case 
concerning  discounts  on  landing  charges  at  Zaventem  airport  in  Belgium. 
The  Belgian  authorities  have  still  not  complied  with  the  Commission 
Decision  of  28  June  1995,81  citing  as  grounds  the  fact  that  they  have 
brought  an action before the Court  of Justice. However,  under Article  185 
of the  Treaty, the  court  action  has no  suspensory  effect.  The  Commission 
accordingly addressed  a reasoned opinion to Belgium. 

Following  Commission  intervention,  the  ferry  company  Mercandia  was 
authorized  to  operate  a  new  service  between  Helsingor  in  Denmark  and 
Helsingborg  in Sweden  on  1 June  1996. Mercandia  had  complained  to  the 
Commission and the Danish competition authorities about the refusal  of the 
Danish  Transport  Ministry  to  grant  it  authorization  to  operate  a  ferry 
service between these two ports. The effect  of this refusal  was to exclude a 
potential  competitor  on the Oresund  and  strengthen  the dominant  position 
of  DSB,  the  maritime  subsidiary  of  the  Danish  and  Swedish  railway 
companies, and Sweferry, in breach of Articles 90 and 86 of the Treaty. An 
undertaking  that  owns  or  manages  a  port  infrastructure  is  in  breach  of 
Article 86 if it uses its dominant position in the market  for the provision  of 
port  services  in  order  to  strengthen  the  dominant  position  of  an  existing 
operator  on  the  related,  but  separate  market  for  maritime  transport 

See  13th Report (1995). 
OJ No L 280, 23.11.1995. 
See 13th Report  (1995). 
See  13th Report (1995). 

77 

services. This is particularly the case where there is no objective  reason" for 
refusing  to grant an operating licence. 

The Danish  competition  authority  recommended  that  DSB  cede part  of its 
terminal to  other  operators, but the Danish  Government  declined to  act  on 
that  recommendation.  Consequently, 
intense 
negotiations  with  the  Danish  authorities  with  a  view  to  allowing  new 
competitors  on  the  line  in  question.  On  27  February  1996,  the  Danish 
authorities  decided  to  authorize  a new operator,  to  be selected  after  a call 
for  tenders.  The  Commission  accepted  this  proposal,  since  the  selection 
criteria guaranteed  that  access to the market  would  be fair,  reasonable  and 
non-discriminatory. 

the  Commission  began 

The  Commission  is  pursuing  infringement  proceedings  in  respect  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. 

2.2.  Monopolies 

The cases brought before the Court  of Justice in  1994 against France, Italy, 
the Netherlands and Spain concerning monopolies on the import  of gas and 
electricity  are  still  in  motion.  However,  the  Commission  has  dropped  its 
case against  Ireland. 

Despite  repeated  warnings  from  the  Commission,  Austria  has  still  not 
satisfactorily  adjusted  its  monopoly  on  manufactured  tobacco.  Although 
new legislation82 abolished exclusive rights on the import  and marketing  of 
wholesale  tobacco  (intra-Community  aspects)  earlier  than  required  under 
Article  71  of  Austria's  Act  of  Accession,  it  still  maintains  conditions 
which the  Commission  considers  discriminatory  vis-à-vis  competitors  of 
the  former  monopoly.  Accordingly  the  Commission  sent  Austria  a 
reasoned  opinion. 

Act No 830 of 21 December  1995. 

78 

2.3. 

Progress in implementing Directives applicable to competition 

Member  State 

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

Directives 
applicable on 
31.12.1996 
8 
8 
8 
8 
8 
8 
8 
8 
8 
8 
8 
8 
8 
8 
8 

Directives for which 
measures have been 
notified 
4 
5 
7 
3 
6 
7 
5 
5 
5. 
6 
5 
5 
7 
7 
7 

% 

50 
62.5 
87.5 
37.5 
75 
87.5 
65.5 
62.5 
62.5 
75 
62.5 
62.5 
87.5 
87.5 
87.5 

Note:  This  table  concerns  the  following  Directives:  80/723,  88/301, 
90/388, 93/84, 94/46, 95/51, 96/2, 96/19. 

79 

EMPLOYMENT AND SOCIAL POLICY 

1. 

INTRODUCTION 

The  Commission  adopted  a  medium-term  social  action  programme  in  1995.83 
Building on the  achievements  of the  1989 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.84 

2. 

SITUATION SECTOR BY  SECTOR 

2.1.  Equal treatment of men and women 

The Commission commenced two infringement  proceedings against  Greece 
for breach of Directive 76/207/EEC. Under Greek law, workers must retire 
as  soon  as  they  reach  pensionable  age.  Since  the  pensionable  age  for 
women  is different  from  that  for  men,  women  are  obliged  to  retire  earlier 
than men, contrary to the Directive as interpreted by the Court  of Justice in 
Marshall*5 

The  Commission  has  decided  to  terminate  proceedings  against  Greece 
concerning the ban on night work by women. However,  it has referred  the 
cases against France and Italy to the Court of Justice. 

As  for  the  health  and  safety  of  pregnant  workers  and  workers  who  have 
recently  given  birth  or  are  breast-feeding,  the  Commission  is  pursuing 
infringement  proceedings 
to  notify  national  measures 
failure 
implementing  the  directive  against  Greece,  France,  Italy and  Luxembourg, 
but has terminated the proceedings against Belgium and Germany. 

for 

2.2.  Working  conditions 

All  the  Member  States  except  Belgium  and  Greece  have  now  notified 
transposai  measures  for  Directive 91/3 83/EEC  on  improvements  in  the 
safety  and  health  at  work  of  workers  with  a  fixed-duration  or  temporary 
employment  relationship. 

Directive 94/33/EC  on the protection  of young people at work  fell  due for 
transposai  on  22 June  1996. At present  eight  Member  States  have  still  to 
notify  national  implementing  measures  (France,  United  Kingdom,  Italy, 
Sweden, Luxembourg, Greece, Portugal and Austria). 

83 
81 
85 

COM(95)  134  final,  12 April  1995. 
COM(94) 333  final,  27 June  1994. 
Case C-l52/84  [1986] ECR 1-723. 

80 

information 

As for Directive 94/45/EC (establishment  of a European  Works Council  or 
in 
consultation  procedure 
an 
Community-scale undertakings and groups of undertakings), there has been 
some progress in implementation by the Member States concerned: 

employees 

and 

for 

- 

Belgium,  Germany, Denmark,  France,  Ireland,  Finland  and  Sweden 
have formally  notified  transposai measures; 

in  most  other  Member  States  transposai  is' virtually  complete  and 
legislation is expected to be notified  shortly. 

2.3.  Health and safety at work 

There  has  been  notable  progress  in  the  implementation  of  the  framework 
Directive 89/391/EEC. 

Now that  Spain has adopted  national implementing measures,86  notification 
of  national  transposai  measures  is  complete.  Furthermore,  Germany  and 
Greece have undertaken a revision of existing law, and a similar initiative is 
in the pipeline in Belgium. 

Despite  some  improvement,  the  situation  regarding  measures  giving  effect 
to  the Directives  implementing the framework  Directive  is still not  entirely 
satisfactory.  Mention  should  be  made  here  of  the judgment  given  by  the 
Court  of Justice  against  Spain  on  26 September  1996  for  failure  to  notify 
measures implementing the first six individual Directives.87 

Infringement  proceedings are in motion against other Member States which 
have still to notify  national implementing measures. 

The  Commission  is  at  present  assessing  the  measures  notified  by  the 
Member  States for the implementation  of the individual Directives  adopted 
under  the  framework  Directive  and  the  Directives  on  carcinogens  and 
chemical  and  biological  agents.  On  the  basis  of  its  assessment,  it  may 
terminate infringement  proceedings in some cases. 

2.4. 

Public  health 

Article  129 of the Treaty states that,  "Health protection  requirements shall 
form  a  constituent  part  of  the  Community's  other  policies."  The 
Commission reports regularly on its efforts  to ensure this obligation is met. 
The  second  such  report,  covering  activities  in  1995,  was  published  in 
September  1996.88 

86 
87 
88 

Ley de prevention  de riesgos  laborales. 
Case C-79/95. 
COM(96) 407 final, 4 September  1996. 

2.5. 

Progress  in  implementing  Directives  applicable  to  employment  and 
social policy 

Member  State 

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

Directives 
applicable on 
31.12.1996 
50 
50 
50 
49 
50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
49 

Directives for which 
measures have been 
notified 
41 
48 
48 
41 
36 
45 
43 
42 
42 
47 
44 
40 
46 
47 
47 

% 

82 
96 
96 
83.6 
72 
90 
88 
84 
85.7 
94 
89.7 
81.6 
100 
96 
96 

Note: This table concerns the following Directives: 
Labour law: 75/129, 77/187, 80/987, 91/533, 92/56, 94/45 
Equal opportunities: 75/117, 76/207, 79/7, 86/378, 86/613 
Free movement of workers: 64/221, 68/360, 72/194 
Health  and  safetv  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,  91/383,  92/29,  92/57, 
92/58, 92/85, 92/91, 92/104, 93/88, 93/103, 93/104, 94/33, 94/44, 95/30 
Public health: 89/622. 90/239. 92/41 

89 

90 

91 

92 

93 

Directive 94/44/EC not relevant to Ireland. 
Directive 93/103/EEC not relevant to Luxembourg. 
Directive 93/103/EEC not relevant to Austria. 
Directive 94/44/EC not relevant to Portugal. 
Directives  82/130/EEC,  88/35/EEC, 91/269/EEC  and 94/44/EC not relevant to Finland. 

82 

AGRICULTURE 

1. 

2. 

INTRODUCTION 

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. 

In  monitoring  the  application  of  specific  market  organization 
a) 
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. 

The  Commission  brought  an  action  before  the  Court  of  Justice  against 
France  because  of  the  discriminatory  way  in  which  it  distributes  the 
reference  quantities  released  under  the  scheme  for  the  cessation  of  milk 
production (Case C-l98/96). 

terms  on  which 

The 
is  made  are  considered 
redistribution 
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 

Furthermore, under the Community rules the Member  States are obliged  to 
offset  the linear reduction (2.15%)  occurring  in  1990/91  by  supplementary 
allocations. 

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

y 

Finally,  the  Commission  sent  a  reasoned  opinion  to  Italy  regarding  the 
scheme  for  offsetting  milk  deliveries  operated  by  producers'  associations. 
Under  Community  legislation  deliveries  may  be  offset  only  by  the 
purchaser  or  at  national  level,  according  to  certain  criteria.  There  is  no 
legal base for  compensation by a producers'  association. 

The  following  cases  arose  under  the  Community  rules  on  the 

b) 
description of agricultural products. 

In the milk sector, the Commission had already decided  in  1995 to bring an 
action  before  the  Court  of  Justice  following  the  refusal  by  the  British 
authorities  to  regard  the  marketing  of  soya  milk  as  an  infringement  of 
Regulation (EEC) No  1898/87, Article 3 of which prohibits products  other 
than milk and milk products from  being described as "milk". 

83 

the  British  authorities  adopted  national 

Since 
implementing 
Regulation (EEC) No  1898/87,  the Commission  took  no  further  action  on 
this  decision.  However,  fresh  infringement  proceedings  have  now  been 
commenced, as the ban on the name "soya milk" is not applied in practice. 

rules 

In the spirits sector, the Commission decided to  send a reasoned  opinion to 
France  for  allowing the  marketing  of  spirits  made  by adding  a  percentage 
of  water  to  whisky.  Under  Regulation  (EEC)  No  1576/89,  whisky  must 
have an alcoholic  strength  of  at  least  40% and  no water  may be added  to 
an alcoholic drink so that the nature of the product will not be changed. 

The  Commission  strives  to  secure  compliance  with  Community 
c) 
rules on quality standards in the practical  application of the rules governing 
the  market  organizations.  After  many  years  of  inaction,  the  Italian 
authorities  were  finally  persuaded  to  adopt  and  apply  the  measures 
required to carry out  checks on quality  standards in the fruit  and  vegetable 
sector. 

Italy  thus  complied  with  the  Article  171 judgment  given  against  it  by  the 
Court  of  Justice  in  Case C-69/8694  for  failure  to  implement  an  earlier 
judgment95  concerning  a breach  of the  rules for  the enforcement  of quality 
standards in the fruit and vegetable  sector. 

d) 
The  Commission  also  sought  to  eliminate  additional  conditions 
imposed  by  Member  States  when  applying  agricultural  legislation.  For 
example,  it  decided  to  send  a  reasoned  opinion  to  Greece  concerning  a 
system of penalties it imposes in connection with the Community  direct  aid 
scheme in the cotton  sector.  The guarantee  provided  for  in the aid  scheme 
is not  refunded  until  proof has  been  produced  that  a  1% parafiscal  charge 
has been paid to the Greek Cotton Board. 

e) 
Finally, in the wine sector,  the Commission sent a reasoned  opinion 
concerning  certain  provisions  of  a  German  law  on  wine  which  authorizes 
the  Lander  to  allow  cooperatives  and  unions  thereof  to  add  together  the 
areas  under  vines  in  calculating  the  maximum  yield  per  hectare  and  to 
allow the wine-growers  concerned  not  to  deliver  all of their  harvest  to  the 
cooperative or group of which they are members. 

Judgment of  12 February  1987 [1987] ECR  773 and ff. 
Judgment of  15 November  1983 in Case C-322/82  11983] ECR 3689 and 
ff. 

84 

2.2. 

Harmonization 

Background 

There was a substantial increase in the number of infringement  proceedings 
for  failure  to  notify  national  implementing  measures,  which  can  be 
accounted  for entirely by proceedings commenced for the first time against 
the new Member States. 

There  was  an  increase  in  the  number  of  reasoned  opinions  sent  in  1996 
(118), but,  as the  1995 figure was extremely low (26), this  should  be seen 
as rather less worrying than the number sent in  1994 (262). 

Finally,  fewer  cases  were  referred  to  the  Court  of  Justice  (33  compared 
with  63  in  1995)  -  a  logical  consequence  of  the  drop  in  the  number  of 
reasoned opinions in 1995. 

Situation in the Member States 

The positive trends recorded  in Luxembourg,  the Netherlands  and  Spain in 
1995  continued  and,  as  in the  past,  there  were  hardly  any  problems  with 
delays  in  transposai  in  Denmark.  Improvements  were  also  evident  in 
Belgium, Ireland, Portugal and the United Kingdom. 

The  Commission  is  particularly  concerned  about  Germany's  transposai  of 
Directive  91/414/EEC  (plant  protection  products),  Directive  93/85/EEC 
and  subsequent  amending  Directives,  and  certain  Directives  on  seeds  and 
seedlings. In all, twelve infringement  cases have been referred  to the Court 
of Justice. 

Delays  in transposai  subsist  in  France,  which  has  yet  to  comply  with  the 
Court's  judgment  for  failure  to  notify  national  measures  implementing 
Directive  91/628/EEC  (protection  of  animals  in  international  transport), 
even though it concerns a sensitive political issue. 

There  seems  to  have  been  little  improvement  in  the  situation  in  Greece, 
which  has  been  censured  by  the  Court  of  Justice  for  failure  to  notify 
national  measures  implementing  Directives  92/5/EEC  (meat  products), 
91/414/EEC  (plant  protection  products),  92/118/EEC  (products  not 
subject  to specific  rules)  and 93/52/EEC  (bovine embryos).  The number of 
reasoned  opinions sent to  Greece and the number  of referrals  to  the  Court 
is well above the Community average. 

In  Italy  the  incorporation  of  agricultural  directives  into  national  law  has 
undoubtedly been speeded up in the past by the special "Community  Acts" 
empowering  the  Government  to  transpose  Community  directives  under  a 
simplified  procedure. However,  because of the instability in Parliament,  the 
Act  for  1994,  proposed  by the  Italian  Government  in  1993, did  not  come 
into force until February  1996. 

85 

As a result  Article  171 infringement  proceedings  were  commenced "in "two 
cases for  failure  to  comply with  a Court judgment,  and  Italy was  censured 
by  the  Court  for  failing  to  fulfil  its  obligation  to  transpose  fourteen 
directives  in the  veterinary  field  and  on  seeds  and  seedlings.  The  actions 
brought  before  the Court  have now reached  an advanced  stage  and  it is to 
be feared  that  Italy will again be censured  in these cases and  in  connection 
with  a number  of other  Directives,  some  of them  vital  to  the  operation  of 
the internal  market,  in particular  92/46/EEC  (production  and  marketing  of 
raw milk, heat-treated  milk and milk-based products), 92/65/EEC (animals, 
semen,  ova  and  embryos  not  subject  to  specific  Community  rules  referred 
to  in Directive  90/425/EEC),  92/116/EEC  (poultrymeat)  and  92/118/EEC 
(products  not  subject 
in  Directive 
89/662/EEC). 

to  specific 

referred 

rules 

to 

Progress  has been  made in Ireland  despite continuing  problems  concerning 
the  transposai  of  health  regulations  on  fish  and  fishery  products.  The 
Commission  has  commenced  infringement  proceedings  for  failure  to 
comply with four  Court judgments96 in which Ireland was censured  for  not 
adopting  implementing  measures  in  respect  of  the  veterinary  checks  for 
fishery  products  provided  for  in  Directives  89/662/EEC,  90/425/EEC, 
90/675/EEC and 91/496/EEC. 

On joining  the Community,  the three  new Member  States  were  faced  with 
a  considerable  workload,  since,  with  a  few  exceptions,  national 
implementing measures had to be adopted  for  all directives forming  part  of 
the  acquis  communautaire.  Wliile  it  is  true  that,  as  members  of  the 
European  Economic  Area,  they  had  been  required  to  align  some  national 
legislation  on  Community  law,  transposai  was  not  complete  and,  in  any 
case,  many  Community  provisions  on  agriculture  did  not  apply  under  the 
EEA Agreement.  As a result,  agricultural  legislation  in the  three  countries 
had to be completely  overhauled. 

In  Sweden  the  incorporation  of  directives  into  national  law  has  already 
attained  a very satisfactory  level. 

In  Austria  legislative  work  is  proceeding  at  a  steady  pace.  However,  the 
Commission  has  noted  longer  delays  in  the  implementation  of  directives 
falling under the responsibility of the Lander. 

Many of the infringement  proceedings  against Finland  have been  prompted 
by a failure to  notify  implementing  measures  in the Aland  islands,  a region 
which enjoys considerable autonomy in agricultural matters. 

96 

Judgments of  14 December  1995 in Cases C-132/94, C-l38/94, C-161/94 
and C-l62/94. 

86 

Incorrect  transposai and incorrect application  of  directives 

In  this  field  two  particular  kinds  of  problem  have  come  to 
Commission's attention. 

the 

First,  following  scrutiny  of the  national  measures  notified  by  the  Member 
States  as  part  of  a  survey,  the  Commission  found  that  certain  provisions 
failed  to  comply  with  Directive  93/118/EEC  on  the  financing  of  health 
inspections  and  checks on fresh  meat  and poultrymeat. Reasoned  opinions 
have  been  sent  to  six  Member  States.  Second,  proceedings  have  been 
brought  against  Germany and Italy for  failure  to  sign contracts  for  the use 
of  the  computer  server  for  the  Animo  network,  which  was  introduced  in 
connection  with the  internal  market  to  provide  speedy  information  on  the 
movements of livestock in the Community. 

Implementation  of  Directive  83/189/EEC  (technical  standards)  in  the 
agricultural sector 

The  Member  States  have  been  particularly  active  in  notifying  draft 
regulations laying down technical standards in the agricultural  sector. 

pursuant 

(amended 

83/189/EEC 

to  Directive 

A total  of  112  draft  legislative  texts  notified  by  the  Member  States  were 
examined in the light of Article 30 of the Treaty and the relevant  secondary 
legislation, 
by 
Directives 88/182/EEC  (agricultural  products)  and  94/10/EC),  which 
provides  for  an  information  procedure  in  the  field  of  technical  standards 
and regulations.97  In many cases, after  systematic analysis of the drafts,  the 
Commission  requested  amendments  to  ensure  that  adoption  of  the 
regulations  concerned  would  not  create  barriers  to  the  free  movement  of 
goods.  Thirteen  drafts  gave  rise  to  reasoned  opinions,  five  of  them 
accompanied  by  supplementary  observations;  eight  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. 

Since the United  Kingdom  had  to  adopt  a  number  of  legislative  measures 
to  curb  bovine  spongiform  encephalopathy,  it  notified  20  drafts  under  an 
emergency procedure. 

its 

duty 

exercising 

In 
of 
to  monitor 
Directive 83/189/EEC, the Commission  keeps a close watch to  ensure that 
Member  States  comply with their  obligation  to  notify  all  draft  instruments 
containing technical rules or standards. After  scrutinizing many instruments 
adopted  by  the  Member  States, 
infringement 
it  twice  commenced 
proceedings for failure to observe the notification  procedure. 

implementation 

the 

The  Commission  decided  to  refer  three cases to  the  Court  of Justice  (two 
against  Italy  and  one  against  the  Netherlands)  for  the  same  infringement. 

See Chapter 2.2.1.2 above. 
87 

The  Court  has  already  given  two  judgments  against  these  countries  in 
similar cases. 

2.3. 

Progress in implementing Directives applicable to agriculture 

Member  State 

Directives 
applicable 
on 31.12.1996 

Directives for which 
measures have been 
notified 

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

370 
370 
370 
370 
370 
370 
370 
370 
370 
370 
370 
370 
370 
370 
370 

356 
369 
328 
325 
365 
339 
358 
329 
344 
365 
302 
349 
169 
349 
361 

% 

98 
99 
89 
88 
99 
92 
97 
89 
93 
99 
82 
94 
4698 
94 
9 8" 

This table concerns the following Directives: 

Feedingstuffs 
70/373,  70/524,  71/250,  71/393,  72/199,  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,  95/33, 95/37, 96/6, 
96/7. 

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. 
The  notification  rate for the United Kingdom disregards the situation  for the 
implementation  of directives in Gibraltar, which is subject  to special  monitoring. 

'  " 

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,  94/29,  94/30,  94/37,  94/79, 
95/4,  95/35,  95/36,  95/38,  95/39,  95/40,  95/41,  95/44,  95/61,  95/65, 
95/66,96/14,96/15. 

Seeds and  seedlings 
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/T7,  93/17,  93/48,  93/49,  93/61,  93/62,  93/63,  93/64,  93/78,  93/79, 
95/6,  96/18. 

Forestry 
66/404,  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,  88/660,  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,  92/116,  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, 
94/65, 94/71, 95/22,  95/23, 95/25, 95/29, 95/68. 

89 

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. 

It  kept  a  particularly  close  watch  on  the  fishery  control  measures  that  Member 
States are required to implement. 

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.. 

2. 

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,  as  there  are  no  infringement 
proceedings currently outstanding. 

2.2.  Resources 

Particular  attention  was  paid 
implementation  of 
organization  of the market. 

the  new  control  measures  under 

to  monitoring 

the  Member  States' 
the  common 

In this  connection,  in  1995 the  Court  ruled  that  France  had  failed  to  fulfil 
its  obligations  under  Community  legislation  on  the  control  of  fishing 
activities  in the  context  of  the  exceeding  of  its  anchovy  quotas  for  1991 
and  1992 (Case C-52/95). 

Community  inspections  were  carried  out  during  the  year  to  establish 
whether  the  ruling  was  being  properly  implemented.  Most  recent  figures 
suggest that the rate of consumption of the quota is not  such that it is likely 
to be exceeded in the current year. 

On  11  June  1991,  the  Court  ruled  against  France  in  Case  C-64/88  for 
failure  to  discharge  the  obligation  to  enforce  technical  conservation 
measures (minimum mesh size of nets,  attachments to  nets, by-catches,  the 
minimum size of catches and failure to take action against  infringements). 

The  Article  171  proceedings  for  failure  to  give  proper  effect  to  this 
judgment  are  running  their  course.  The  Commission  has  sent  France  a 
reasoned  opinion  for  failure  to  implement  the  following  aspects  of  this 

90 

judgment:  differences  between  the French  gauges  and  those  used hy "the 
Community for measuring net-size, absence of control measures in relation 
to by-catches, non-compliance with rules on minimum size offish.  France's 
reply is currently being scrutinized. 

2.3. 

Compatibility  with  Community  law  of  national  legislation  on  the 
grant of flag rights to fishing vessels 

The  Court  ruled  against  France  in  Case  C-334/94  on  grounds  of 
incompatibility with Community law of French legislation on the grant  of 
flag  rights.  In the  same judgment  the Court  also established  that France 
was in breach of its obligations under Article 171 of the EC Treaty by not 
giving effect to the judgment in Case 167/73 (Code de travail maritime). 

The  Commission  also  brought  a  case  against  Greece  (Case  C-62/96, 
pending)  to  have  Greek  legislation  on  the  grant  of  flag  rights  declared 
incompatible with Community law. 

The proceedings against Ireland  in relation to the grant  of flag  rights and 
fishing  licences have been dropped. 

Talks  are  under  way  with  the  Finnish  and  Swedish  authorities  on  the 
current amendments to national legislation on the grant of flag rights. 

91 

ENVIRONMENT 

1. 

INTRODUCTION 

1.1. 

General  situation 

In  1996 a number of study and assessment  projects were carried  out  aimed 
at  improving  the  implementation  of  Community  law  in  environmental 
matters. 

The Commission adopted the progress report  on the implementation  of the 
Fifth  Environment  Action  programme  "Towards  Sustainability".  While 
welcoming  the positive  developments  (the  contributions  made  by  strategy 
groups  and  financial  instruments,  notably  the  Cohesion  Fund,  to  the 
effective  and  transparent  implementation  of  environmental  measures),  the 
the  need  to  encourage  an  integrated  policy  of 
report  emphasized 
environmental legislation and to strengthen implementation controls. 

In  May,  the  European  Parliament  and  the  Commission  organized  joint 
hearings  on  the  implementation  of  Community  legislation.  Following  on 
from  this  in-depth  discussion,  the  Commission  adopted  a  communication 
entitled  Implementing  Community  Environmental  Law,100  in  which  it 
proposed  among  other  things that  minimum  standards be  laid  down  to  for 
environmental  inspections  in  the  Member  States.  It  also  proposed  the 
setting  up  of  procedures  for  lodging  and  examining  complaints  and  for 
Commission  scrutiny  of  measures  to  widen  access  by  representative 
organizations  to justice  in the  Member  States,  subject  to  compliance  with 
the  subsidiarity  principle.  The Commission  is persuaded  that  the  initiatives 
in its communication will make a practical contribution to the  enforcement 
of Community environmental  law at all relevant levels. 

A  further  significant  development 
this  year  was  the  adoption  of 
Directive 96/61/EC concerning integrated  pollution  prevention  and  control 
(DPPC).  This  Directive  provides  for  the  setting  up  of  a  committee  where 
Member  States, with the coordination  of the Commission  and  participation 
of  industry,  non-governmental  environment  organizations  and  the  public 
concerned  define  overall pollution control  standards for  installations which 
cause  the  most  pollution.  On  the  basis  of  the  committee's  findings,  the 
Member  States  must find the best  solution  in view  of the  environment  for 
controlling  pollution.  Of  all  the  third  generation  Community  initiatives 
regarding the environment, this is the first Directive to favour  an integrated 
approach,  which takes  account  of subsidiarity,  encourages  all the actors  to 
participate and promotes industry/environment  synergy. 

100 

COM(96) 500 of 22 October  1996. 

92 

1.2. 

Notification  of national  implementing  measures 

Member  States  are  still  finding  it  difficult 
to  transpose  Community 
Directives  within  the  prescribed  period  of time.  Delays  in  notification  of 
national  measures  transposing  Directives  can  usuallyv be  attributed  to 
institutional  and administrative  structures in the Member  States  and,  in the 
case of the  new Member  States,  to  the  importance  and  complexity  of  the 
acquis communautaire which needs to be transposed. 

This is particularly true in the case of chemical  substances, where it can be 
seen that  certain Member  States  are having  difficulties  in keeping  up  with 
the  pace  of  transposai  required  by  successive  adaptations  of  Directive 
67/548/EEC 
technical  progress.  This 
particularly  applies  to  Belgium,  against  whom  the  Commission  has  taken 
legal action in the Court  of Justice on several occasions for  failure  to  fulfil 
obligations.  In Greece and Portugal, however, legislation has been brought 
into line. 

substances) 

(dangerous 

to 

As  far  as  the  new  Member  States  are  concerned,  in  spite  of  the  efforts 
undertaken,  particularly  Finland's  efforts  to  make up the delay  in  notifying 
the  transposition  texts  of  the  autonomous  province  of  Aland,  some 
Directives still have to be transposed,  notably with regard to air. 

The deadlines for transposing  a further  three Directives have been  reached, 
namely  Directives  94/62/EC  (packaging  and  packaging  waste),  94/67/EC 
(incineration  of  hazardous  waste)  and  94/69/EC  (adapting  to  technical 
time  Council  Directive  67/548/EEC 
progress  for 
concerning  dangerous  substances).  The  Commission  acts  swiftly  to  ensure 
that  Member  States  fulfil  their  obligations  regarding  the  notification  of 
national  implementation  measures  which  serve  as  the  basis  for  the 
Commission's scrutiny of conformity  and application. 

twenty-first 

the 

A  list  of  environment  Directives  in  force  and  the  situation  regarding 
notification  of national  implementation  measures  can be found  in the  table 
at point 2.8. 

1.3. 

Conformity  of national implementing  measures 

In spite of the efforts  made by the Member  States to transpose  Community 
Directives  correctly  -  by  exchanging  views  with 
the  Commission 
infringement 
in  package  meetings,  particularly  before 
departments 
proceedings  initiated  by  the  Commission  come  to  Court  -  there  are  still 
some cases of non-conformity  in most areas of environmental legislation. 

Difficulties  often  arise  from  the  problem  of  apportioning  responsibilities 
between  the  different 
levels  within  the  Member  States  (national  or 
regional),  or of environmental  provisions  having been  made  in other  areas 
of State activity (agriculture,  transport,  industry,  etc.). Particular  problems 
arise when Member  States' existing legislation  covers the subject-matter  of 
a Directive but needs amending in line with new Community  requirements. 
Difficulties  can  also  arise  where  there  is  a  choice  between  different 

93 

transposai  techniques,  whereby  several  legal  instruments  may  bë  used 
without the relationship between them and the various obligations imposed 
by the Directive being clearly  defined. 

While  recognizing  that  there  is  no  simple,  universal  solution  to  these 
problems,  the  Commission  notes  with  regret  that,  apart  from  Denmark, 
Finland  and  Sweden,  the  Member  States  do  not  generally  meet  the 
Commission's  requests  that  they  supply  concordance  tables  indicating 
national  provisions  and  the  corresponding  Community  provisions  as  they 
are  obliged  to  do  by  the  Directives.  The  tables  would  make  conformity 
checks far easier, both at national and Community level. 

The  Commission  has  also  been  carrying  out  the  important  task  of 
scrutinizing  the  conformity  of  national  implementing  measures  notified  by 
the three  new  Member  States  in  accordance  with  the  obligation  to  adopt 
the acquis  communautaire. 

Finally, on the litigation  side, the Court  of Justice held in Case C-133/94101 
that Belgium had not transposed  correctly  some of the obligations imposed 
by Directive 85/337/EEC on the assessment  of the effects  of certain public 
and private projects on the environment. 

1.4. 

Incorrect application of Directives 

In  the  absence  of  regular  reports  on  the  application  of  Directives  in  the 
Member  States  required  by  the  majority  of  Directives  in  this  field,  the 
Commission's  main  sources  of 
the  complaints 
addressed  to  it  by  citizens,  questions  asked  by  Members  of  the  European 
Parliament  and petitions sent to it. 

information 

remain 

There has been a levelling off in the  number  of cases raised  by Parliament. 
Not  only  do  these  cases  demonstrate  to  the  Commission  the  importance 
the  public  attaches  to  environmental  issues  (mentioned  in  between  20% 
and  25% of  petitions),  they  also  give  a  better  idea  of  the  breakdown  by 
sector  and  Directive,  thus  enabling  the  Commission  to  target  its  efforts  in 
scrutinizing  the  application  of  Community  law  in  environmental  matters 
more  effectively. 

The  number  of  complaints  has  fallen,  but  this  does  not  mean  that 
largest  number  of 
environmental  performance  has 
complaints  were  received  from  Spain  and  Germany,  while  Luxembourg, 
Finland  and  Sweden  were  the  Member  States  least  affected.  Most 
complaints concerned  nature,  environmental  impact  assessment,  waste and 
water. 

improved.  The 

Complaints  and  petitions  were  mostly  about  specific  and  very  practical 
problems  directly  affecting  the  complainants  and  petitioners,  such  as 
uncontrolled  or  poorly  controlled  waste  disposal  near  a  village,  the 

101 

Judgment  given on 2 May  1996. 

94 

construction  of  a  road  without  prior  assessment  of  the  damage  to "the 
complainant's  quality  of  life  caused  by  the  traffic,  and  the  smell  and 
appearance  of water  poured  into  nearby  rivers commonly used  for  bathing 
or  fishing.  These  problems  often  typify  an  underlying  situation  in  one  or 
several Member States. 

The Commission tries to identify  the general problem underlying  individual 
infringement  situations  (the  first  example  given  in the  previous  paragraph 
may  therefore  be  evidence  of  an  absence  of  the  waste  management 
planning required by Article 7 of Directive 75/442/EEC or the lack or poor 
quality  of  permits  issued  pursuant  to  Article  9  of  the  same  Directive), 
subsequently  endeavouring  to  adopt  a horizontal  approach  to  the  problem 
so  as  to  secure  lasting  protection  for  the  environment  throughout  the 
Community. 

A  significant  number  of  problems  mentioned  in complaints  stem  from  the 
incomplete  or  incorrect  transposai  of  Directives.  This  may  be  the  case  in 
the  second  example  given  above  (transposai  not  in  strict  conformity  with 
Directive  85/337/EEC  on  environmental  impact  assessment).  This  is why, 
without  neglecting  the  monitoring  of  incorrect  application  cases  which 
reveal questions of principle or administrative practices that  contravene the 
Directives  or horizontal questions, the Commission  concentrates  its  efforts 
on dealing with problems of conformity. 

Some of the infringements  detected  through  scrutiny of the complaints and 
petitions  also  pose  questions  regarding  the  lack  of  the  requisite  technical 
infrastructure  (the  third  example  given  above  might  suggest  that  the 
Member  State  does  not  have  an  effective  network  of treatment  plants  for 
urban  waste  water  and  so  will  be  unable  to  transpose  the  obligations 
imposed  by Directive 91/271/EEC in the near future).  In  such cases,  while 
monitoring 
the 
environment  as usual,  the  Commission  endeavours  to  continue  its  activity 
of  improving  environmental  infrastructure  via  projects  financed  by  the 
Structural  Funds  and  the  Cohesion  Fund.  On  this  subject,  it  is  worth 
recalling the communication  from  the Commission  on Cohesion  policy and 
the  environment,102  which  sets  the  goal  of  ensuring  that  Cohesion  Fund 
financing  is divided equally between transport  and environmental  projects. 

the  application  of  Community 

in  matters  of 

law 

1.5. 

Freedom of access to  information 

While it is true  that  all the Member  States have notified  national  measures 
implementing  Directive  90/313/EEC  on  the  freedom  of  access 
to 
information  on the environment, there are still some conformity  problems. 

In  spite  of the  Commission's  diligence  and  the  activities  of  some  Member 
States there has been a lack of progress in the sector overall: 

the Dutch Parliament has not completed its examination of the  draft 
legislation to bring national measures into line with the Directive; 

COM (95) 509/5. 

95 

the  conformity  problems  identified  last  year  regarding  German  and 
French legislation have not been resolved; 

it has emerged  that there are conformity  problems with the Belgian 
and Portuguese legislation; 

the  Commission  has  contacted 
the  Italian  authorities  as  the 
infringement 
in  1995, 
legislation  notified 
following  which 
proceedings  were  terminated,  does  not  transpose  the  Directive 
correctly; and 

in  Ireland,  although  the  relevant  legislation  was  amended  to  take 
account  of  the  1995  report  on  the  first  year's  application  of  the 
national  instruments  transposing  the Directive,  there  are  still  some 
problems  such  as  estimating  waiting  times  relating  to  the  right  of 
access to certain types of information. 

The  fact  that,  for  the  most  part,  questions  of  non-conformity  of  the 
transposai  measures  provide  the  basis  of  the  complaints  filed  with  the 
Commission  is  evidence  that  progress  has  not  been  made  on  the 
implementation  of  Community  regulations  at  national  level.  While  aware 
that  legislative procedures for  amending national legislation  as required  are 
relatively  time-consuming,  the  Commission  does  regret  the  absence  of 
progress. 

Many complaints concern such matters as the refusal  of national  authorities 
to  respond  to  requests  for  information  or  demands  for  payment  of 
unreasonably high fees. 

With  the  obvious  exception  of  complaints  about  the  absence  of  redress 
procedures  regarding  decisions  made  by  the  authorities,  the  Commission 
encourages complainants to make use of the procedures available under the 
Directive  and national  transposai  legislation.  Where  complaints  are filed at 
the  same  time  as  judicial  or  administrative  remedies  are  applied  for  at 
national level, the Commission asks complainants for information  regarding 
the outcome. 

Regarding  the  implementation  of  Directive  90/313/EEC,  the  Commission 
has  drawn  the  Member  States'  attention  to  the  requirement  under  the 
Directive to furnish  the Commission with a report  on their  experience with 
the implementation of this Directive by 31 December  1996. 

In  its  judgment  in  Case  C-58/94103  the  Court  of  Justice  reaffirmed  the 
importance  of  the  individual's  freedom  of  access  to  public  authority 
documents and dismissed  the Netherlands' action  for  annulment  of Council 
Decision 93/731/EC  (public  access  to  Council  documents),  Article  22  of 

Given on 30 April 1996. 

96 

the  Council's  Rules  of  Procedure  and  the  Code  of  Conduct  (93/730/EC) 
governing public access to Council and Commission documents. 

1.6. 

Environmental  impact  assessment 

Directive  85/337/EEC  on  the  assessment  of  the  effects  of  certain  public 
and  private  projects  on the  environment  is still the most  widely  cited  legal 
instrument  relating to  matters of the environment.  Thus it  is not  surprising 
that most complaints and petitions filed with the European  Parliament  take 
this Directive as their principal or subsidiary basis. 

Infringements  detected  in this area are often  caused  by incorrect  transposai 
of the Directive.  Of the Member  States  contravening  the Directive,  Spain, 
Greece,  Italy  and  Portugal  are  still  amending  national  transposai  measures 
to conform  to their obligations under the Directive, while problems  subsist 
regarding  German  legislation.  A  case  has  been  brought  in  the  Court  of 
Justice to have Germany's infringement  confirmed  (Case C-301/95). 

As  was  mentioned  at  1.3,  the  Court  of  Justice  found  that  Belgium  has 
incorrectly  and  incompletely  transposed  Directive  85/337/EEC.  The  Court 
criticized  the  absence  of  transboundary  consultation  procedures  for  the 
Brussels  and  Flanders  regions  and  the  incorrect  transposai  by Flanders  of 
Article 4 and Annex  II.  The Flemish  region  had  excluded  from  transposai 
whole categories of projects  covered by Annex II which must be  subjected 
to  assessment  if the  Member  States  consider  that  their  characteristics  so 
require  (Article  4(2)).  The  Court  upheld  the  Commission's  view,  pointing 
out that the Article in question  dees not give Member  States the power  to 
exclude  from  assessment  totally  and  definitively  one  or  more  classes  of 
project  covered  by Annex II. Brussels-Capital  has issued  a regional  decree 
to comply with the judgment. 

Impact  assessment  has  shown  itself to  be  a well-established  practice in all 
Member  States. Complaints and petitions are primarily based  on the quality 
of impact assessments (especially on the lack of adequate assessment  of the 
indirect  effects  of  the  project)  and  on  the  fact  that  not  enough  weight  is 
given  to  recommendations  arising  from  the  evaluation  of  the  impact 
assessment  (particularly  following  public  inquiries)  in  the  final  decision. 
This  partly  covers  cases  where  work  is  started  before  the  impact 
assessment  has  been  completed,  one  of  the  other  most  common 
complaints. 

It  is very  difficult  for  Commission  departments  to  investigate  cases  where 
the quality of impact assessments is questioned  or it is contended  that  their 
findings  are  not  properly  acted  upon  Although  the  Directive  contains 
Articles  regarding  the  content  of  impact  assessments  (Article  3  refers  to 
direct  and  indirect  effects  of  projects  on  several  factors,  including  human 
beings,  flora,  fauna,  the  soil,  water,  air,  landscape  and  cultural  heritage), 
given  that  the  burden  of  proof  in  Article  169  proceedings  rests  with  the 
Commission,  it is not always easy to contest the merits of a choice taken by 
the  national  authorities  who,  if  the  principle  of  subsidiarity  is  taken  into 

97 

account,  would  appear to be in a better position to take the decision in "any 
case. 

It  is  to  be  hoped  that  the  rapid  adoption  of  the  Directive  amending 
Directive  85/337/EEC  and the  interpretative  role  of the  Court  in this  area 
(see  Case  C-72/95,  spelling  out  the  discretion  enjoyed  by  the  Member 
States  in  relation  to  projects  unlikely  to  have  a  major  environmental 
impact;104  the  Court  has  been  asked,  incidentally,  for  new  preliminary 
ruling105)  will  serve  to  clarify  certain  points  concerning  the  correct 
application of this important Directive. 

1.7. 

Action  needed 

In  spite  of  the  efforts  of  the  Commission  and  the  Member  States,  the 
problems  of implementing  environment  law underlined  in  previous  reports 
have  not  yet  gone  away.  There  are  delays  in  notifying  national 
implementing  measures  and  national  legislation  is  often  not  in  conformity 
with  the  requirements  of  Community  law.  As  for  the  effective  application 
of  Directives,  the  continued  frequency  of  complaints  and  petitions  offers 
evidence  that  the  environment  is'not  yet  adequately  protected  by  national 
authorities (and courts). 

In  tandem  with  this  year's  reform  of  internal  rules  to  increase  the 
transparency,  speed  and  effectiveness  of  infringement  procedures,  the 
Commission  will  endeavour 
its 
communication  on  the  implementation  of  Community  law  in  environment 
matters and will come up with new initiatives to improve the application  of 
these rules in the Member States. 

to  stimulate  debate  by  means  of 

It  is also  planned  to  extend  the range  of activities to be  carried  out  by the 
informal  network  IMPEL  (Implementation  and  Enforcement  of  EU 
Environmental  Law).  In  the 
the 
Commission's  conclusions  on  the  implementation  of  Community  law  in 
environment  matters  mentioned  above,  the  network  examined  its  role, 
which  had  been enlarged  in relation  to  its traditional  monitoring  activities, 
at its June meeting. 

light  of  initiatives  suggested  by 

is  looking 

the  Commission 

into  possibilities  regarding 

Finally, 
the 
implementation  of  Community  law  in  environment  matters  arising  from  a 
whole  series  of  initiatives  in  which  it  is  actively  participating.  In  this 
context  it  is  worth  mentioning  its  reflections  on  the  encouragement  of 
action  on  environmental  agreements  by  defining  criteria  which  guarantee 
the  transparency,  credibility  and  reliability  of  the  instruments.  After 
examining the  reports  on environmental  liability in the Member  States,  the 
Commission  also intends to  start  a major  inter-institutional  debate together 
with  the  relevant  social  actors  on this  subject  with  the  aim  of  harmonizing 
-existing solutions in the future. 

Judgment  given on 24 October  1996, [19961 ECR. 
Case C-81/96. 

98 

2. 

SITUATION  SECTOR BY SECTOR 

2.1. 

Air 

There  are  still  transposai  problems  even  though  no  new  Directive  has 
entered into force. 

Regarding  Directives  which  should  have  been  transposed  in  1994  and 
1995,  several  Member  States  have  failed  to  notify  the  national  measures 
implementmg  the  Directives 93/12/EEC  relating  to  the  sulphur  content  of 
certain liquid fuels,  94/63/EC on the  control  of volatile organic  compound 
emissions and 94/66/EC relating to large combustion plants. Moreover,  the 
Commission  also  referred  Greece  (Case  C-331/96)  and  Italy  (Case  C-
286/96)  to  the  Court  of  Justice  for  failure  to  notify  transposai  measures 
regarding  Directive  92/72/EEC  on  air  pollution  by  ozone;  the  failure  to 
transpose  this  Directive  deprives  Union  citizens  of  the  right  to  be  kept 
informed  of  incidents  of  air  pollution  by  ozone  and  consequently  denies 
them the possibility of protecting themselves better. 

On the subject  of older Directives, the Court  of Justice found  against  Italy 
in  Case  C-237/95  for  failing  to  notify  measures  transposing  Directives 
89/369/EEC  and  89/429/EEC  on  the  prevention  of  air  pollution  from 
municipal  waste  incineration  plants.  Italy  has  not  yet  complied  with  the 
judgment  of the Court.106 

Notwithstanding  the  efforts  made by Austria  and  Finland,  there  are  delays 
in  the  transposai  of  the  acquis  communautaire  in  this  area,  particularly 
regarding Directives 80/779/EEC and  82/884/EEC on pollution by  sulphur 
dioxide and lead respectively. 

As for the conformity  of national transposai measures, it  should be  pointed 
out  that  the  problems  of  conformity  of  British  legislation  transposing 
Directive  85/203/EEC  on  air  quality  standards  for  nitrogen  dioxide  have 
been resolved  successfully.  The British authorities will produce  a report  on 
the increase in the number of sampling centres. 

v 

Concerning  the application  of Directives, the  Commission  is continuing  to 
request  information  from  Member  States  on  the  values  measured  every 
time  a  complaint  is  received,  and  to  terminate  action  on  a  complaint 
wherever  it has ascertained  that  the values  laid  down  in the  Directives  are 
not  being  exceeded.  In  Greece,  in  an  attempt  to  improve  air  quality  in 
Athens, the Commission has decided  to  monitor  air quality with the  aid  of 
the Research Centre at Ispra and the municipal corporation  of Athens. 

Given on 20 June  1996. 

99 

2.2. 

Chemicals 

Serious  delays  in  transposai  of  the  Directives  in  this  field  and  problems 
regarding  the  conformity  of  national  texts  are  still  being  caused  by  the 
scientific  complexity, the need for constant  adaptation to technical  progress 
(dangerous  substances)  and  the  pioneering  legal  work  undertaken  on 
certain questions (biotechnology). 

So,  whereas  Greece  has  complied  with  the  judgment  of  the  Court  of 
in  Case  C-l70/94107  and  has  notified  national  measures 
Justice 
implementing  Directives  90/219/EEC  and  90/220/EEC  concerning 
genetically  modified  organisms  (and  also  Directives  94/15/EC  and 
94/51/EC adapting them to technical progress), other States are still having 
difficulties.  Luxembourg  has  not  notified  national  measures  implementing 
Directives 90/219/EEC and 90/220/EEC, as the Court  of Justice  confirmed 
in  Case  C-312/95,108  Belgium  has  only  done  so  partly  and" problems  of 
conformity  subsist  in Germany,  France  and Portugal.  Furthermore,  several 
Member  States  have  not  notified  national  measures 
implementing 
Directives 94/15/EC and 94/51/EC. 

the  Directives  relating 

As  for 
the 
classification,  packaging  and  labelling  of  dangerous  substances,  especially 
those  adapting  it  to  technical  progress,  Italy  and  Belgium  are  having 
particular  difficulties: 

to  Directive  67/548/EEC  on 

the  Court  of  Justice  found  against  Italy  for  failing  to  transpose 
Directive  93/67/EEC  laying  down  the  principles  for  assessment  of 
risks  to  man  and  the  environment  of  substances  notified  in 
accordance with Council Directive 67/548/EEC.109 Legal  action has 
also  been  taken  against  Italy  (Case  C-286/96)  for  failure  to 
technical 
transpose  Directive 91/410/EEC  (14th  adaptation  to 
progress); 

the  Court  of Justice found  against  Belgium for  failure  to  transpose 
Directives 92/35/EEC, 92/69/EEC, 93/67/EEC and 93/105/EEC.110 
Other cases (C-313/96, C-356/96  and C-358/96) are also in motion 
for  Belgium's 
transpose  Directives  93/21/EEC, 
failure 
91/140/EEC and 93/90/EEC respectively. 

to 

The  situation  has,  however,  greatly  improved  in  Portugal,  where  several 
directives,  notably  Directives  91/410/EEC,  92/32/EEC,  92/69/EEC, 
93/67/EEC  and  93/105/EEC,  which  were  the  basis  for 
infringement 
proceedings,111 have now been transposed. 

Judgment of 29 June 1995. 
Judgment given on  17 October  1996. 
Case C-238/95; judgment given on  14 March. 
Belgium:  Cases C-218/96 and C-220/96  to 222/96; Portugal:  Cases C-165/96 to 
169/96. 
Cases C-165/96  to C-l69/96. 

100 

The  majority  of  complaints  received  in  this  field  were  about  problems 
arising from the  incorrect  application  of Directive  86/609/EEC  concerning 
laboratory  animals,  particularly  regarding  the  use  of  stray  dogs  for 
experiments  and  on  the  welfare  and  accommodation  afforded  to  animals 
which  were  to  be  used  for  the  purposes  of  experiments.  As  part  of  its 
investigation  of  these  complaints  -  a  matter  of  great  public  interest -  the 
Commission  makes  use  of  its  contacts  with  the  national  authorities  to 
ensure that the Directive is properly  observed. 

2.3.  Water 

The  scale  and  complexity  of  the  obligations  imposed  by  traditional 
Community  policy  on  improving  water  quality,  which  focuses  on  the 
determination  of quality objectives, the establishment  of clean-up  and prior 
authorization programmes, together with assessment reports, entail a major 
administrative  effort  for  the Member  States,  some of which  are  in  serious 
difficulties  with regard to the proper application of Community Directives. 
Directive  76/464/EEC  (dangerous  substances  discharged  into  the  aquatic 
environment)  is  a  good  illustration.  The  Commission  is  looking  into  the 
infringement  proceedings  against  several 
possibility  of  commencing 
Member  States for  failure  to notify  programmes for  the reduction of water 
pollution by dangerous  substances on List II in the Annex to the Directive. 
In this context  Luxembourg,  Spain and Italy have recently been referred  to 
the Court  of Justice (Cases C-206/96,  C-214/96 and  C-285/96). 

its 

on 

the 

judgment 

in  Case C-l68/95 

In 
of 
Directives 83/513/EEC  concerning  cadmium  discharges  and  76/464/EEC 
relating  to  dangerous  substances  the  Court  of  Justice  confirmed,  among 
other  things,  that  a  public  authority  cannot  invoke  Article  3  of  Directive 
76/464/EEC  (the  requirement  of  prior  authorization  for  the  discharge  of 
dangerous  substances)  against  an individual  if the two  Directives  have  not 
been transposed.119" 

interpretation 

Regarding  the disposal  of hazardous  substances, the Court  of Justice  gave 
judgment  against  Germany113  for 
transposai  of  Directives 
82/176/EEC  (mercury),  83/513/EEC  (cadmium),  84/456/EEC  (mercury), 
(various 
84/491/EEC 
substances). 

(hexachlorocyclohexane) 

86/280/EEC 

incorrect 

and 

The application  of Directive 76/160/EEC concerning the quality of bathing 
water  is causing  many Member  States  problems.  Finland  has yet  to  notify 
national measures implementing the Directive, while an action was brought 
against  Spain  for  the  same  reason  (Case  C-92/96).  On  a  more  positive 
note,  the  United  Kingdom  has  completed  its  infrastructure  work  to 
improve  the  quality  of  bathing  water  at  Blackpool  and  Southport,  in 
compliance  with  the  judgment  given  by  the  Court  of  Justice  in  Case 
C-56/90.114 

Judgment of 26 September  1996. 
Case C-262/95. judgment  given on 7 November  1996. 
On  14 July 1993. 

101 

Several  Member  States  have  not  yet  notified  national  measures 
implementing  Directive  91/676/EEC  on  nitrates.  Most  of  the  Member 
States  are having difficulty  transposing  certain  articles, failing  to  designate 
vulnerable  zones  and  draw  up  appropriate  action  programmes,  failing  to 
establish  codes  of  good  agricultural  practice  and  set  up  monitoring 
programmes  and  failing  to  provide  the  Commission  with  the  report 
required  by  Article  10.  The  Commission  is  closely  monitoring  these 
application  problems  and  is  looking  into  the  possibility  of  commencing 
infringement  proceedings in appropriate cases. 

Complaints  raising  problems  of  the  quality  of  drinking  water  have  also 
been  received  at  the  Commission.  The  Commission  endeavours  to  ensure 
that  Community  standards  are  observed,  a task  often  made  more  difficult 
by the  methods  adopted  by  some  Member  States  to  check  water  quality. 
Thus,  for  example,  the  United  Kingdom  authorities  operate  a  system 
whereby the privatized water  companies are required to  give undertakings, 
and  it  is  not  easy  to  check  whether  standards  are  being  observed.  The 
Commission  accordingly  commenced  an  action  against 
the  United 
Kingdom115  for  incorrect  application  of  Directive 80/778/EEC  (water  for 
human consumption). Many complaints allege a lack of adequate  technical 
infrastructure.  One of the options  available to  the  Commission  for  solving 
these  problems  is  the  financing  of  projects  by  means  of  the  Structural 
Funds and the Cohesion Fund. 

Regarding  the  quality  of  freshwater  (Directive 78/659/EEC)  and  shellfish 
the  Court  of  Justice  found  against 
waters  (Directive 79/923/EEC), 
two 
Germany  for 
Directives.116 

transpose  certain  provisions  of 

failure 

the 

to 

Lastly, with regard to urban waste water it is noteworthy  that the Court  of 
Justice 
in 
Case C-297/95  and Italy in Case C-302/95 for failing to transpose Directive 
91/271/EEC.118 

in  Case  C-161/95,117  Germany 

ruled  against  Greece 

2.4. 

Noise 

There are no special  problems with the application  of the  noise Directives. 
Some  delays  are  still  occurring  in  the  notification  of  implementation 
measures,  particularly  in  connection  with  Directive  95/27/EC,  amending 
Directive  86/662/EEC,  on  the  limitation  of  noise  emitted  by  hydraulic 
excavators,  rope-operated  excavators,  dozers,  loaders  and  excavator-
loaders,  which  certain  Member  States  have  still  not  transposed.  The 
Commission  has  commenced 
these 
States. 

infringement  proceedings  against 

115 

116 

117 

118 

Case C-340/96. 
Case C-298/95. judgment  given on  12 December  1996. 
Judgment given on 28 March  1996. 
Judgments given on  12 December  1996. 

102 

Elsewhere,  no  particular  difficulties  are being  encountered  in  applying  the 
Directives.  As  was  stated  in  previous  years'  reports,  these  Directives  set 
limits  for  newly  marketed  products.  They  do  not  apply  to  ambient  noise 
from multiple sources (for  example, noise in cities caused by traffic jams or 
industrial activity near residential areas). However, the very few  complaints 
received by the Commission in fact  concern ambient noise but  since there is 
no  overall  Community  policy  regarding  health  and the  quality  of life,  they 
cannot be addressed at Community level. 

2.5. 

Waste 

to 

the 

the 

articles 

general 

transpose 

Several  Member  States  have  not  yet  notified  the  national  measures 
waste 
implementing 
amending 
Directive 75/442/EEC  contained 
in  Directive  91/156/EEC.  As  a 
consequence,  Court  action  has  been  taken  against  Spain  and  France  for 
the  Directive  (Cases  C-l07/96  et  C-223/96 
failure 
respectively).  The  Court  of  Justice  found  against  Greece  for  the  same 
reason  (Case  C-160/95119),  and  Greece  has  complied  with  the  judgment, 
notifying  the  Commission  of  national  implementing  measures.  Ireland  has 
notified  the  Commission  of  the  passing  of  the  Waste  Management  Act 
which  partially  transposes  several  Directives  in  this  sector,  including  the 
general waste Directive. 

Problems  of  conformity  subsist  (notably  in  Italy),  mostly  relating  to  the 
application of this Directive. An enormous number of complaints have been 
received  about  such  problems  as  the  proliferation  of  uncontrolled  dumps 
and  illegal  tipping,  water  pollution  by  directly  discharged  waste  and  the 
siting of planned  controlled  tips. These complaints illustrate the lack of the 
necessary  technical  infrastructure  and  waste  management  planning  in  the 
Member  States.  There  is  one  positive  note  in  this  field,  however,  namely 
that Portugal has produced an urban waste management  plan. 

The importance of the general waste Directive is underlined  by the number 
of cases referred  to the Court of Justice for  a preliminary ruling concerning 
the interpretation  of articles in it: Cases C-l29/96 (interpretation  of Article 
1(a)),  C-l92/96  (concept  of  storage  for  the  purposes  of  one  of  the 
operations  in  Annex  IIB)  and  C-203/96  (principles  of  self  sufficiency  and 
proximity).120 In a further  case the Court of Justice confirmed  that  Member 
States  could  provide  for  criminal  penalties  to  enforce  that  the  Articles  of 
the general waste Directive were properly  observed.121 

120 

121 

Judgment given on 28 March  1996. 
In  the  latter  two  Cases,  and  in  Case  C-l93/96,  the  preliminary  ruling  also 
concerns  the  Articles  in Regulation  (EEC)  No  259/93  regarding  the  supervision 
and  control  of  shipments  of  waste  within,  into  and  out  of  the  European 
Community. 
Judgment  of  12  September  1996  in  the joined  Cases  C-58.  75,  112,  119,  123, 
135,  140,  141, 154 and  157/95. 
103 

The Commission has commenced  infringement  proceedings against Greece, 
Spain,  Italy  and  Luxembourg  for  failure  to  notify  measures  transposing 
Directive  91/689/EEC  concerning  hazardous  waste,  against  France  and 
Portugal for only having partially done so and against the United  Kingdom 
for  restricting the field of application  and failing to transpose the  Directive 
in Northern  Ireland. 

Delays  in notifying  measures  for  the  transposai  of Directives  91/157/EEC 
and  93/86/EEC  on  batteries  and  accumulators  persist  in  some  Member 
States.  The  Commission  has  taken  Germany  and  France  to  Court  for 
failure  to  notify  national  measures  implementing  the two  Directives122  and 
Italy for the second of them,123 while in Cases C-303/95124 and C-219/96125 
the  Court  of  Justice  found  against  Italy  and  Belgium  respectively,  the 
former  for  failure  to  transpose  Directive 91/157/EEC  and  the  latter  for 
failure  to  transpose  Directive 93/86/EEC.  The  Commission  has  also 
commenced  infringement  proceedings  against  Member  States' which  have 
not yet set up programmes under Article 6 of Directive 91/157/EEC. 

Directive  94/62/EC  on  packaging  and  packaging  waste,  due  to  be 
transposed  by  30  June  1996, contains  an  innovatory  Article  regarding  the 
transposai  of Directives. Article  16 requires Member  States to notify  drafts 
of  measures  they  intend  to  adopt  so  that  the  Commission  can  examine 
them.  By  formalizing  the  dialogue  between  the  Commission  and  the 
Member  States  on  the  adoption  of  measures  implementing  Directives  in 
this  way,  the  Article  helps  resolve  any  problems  of  conformity  and 
subsequent  application.  Generally  speaking,  the  Member  States  have 
complied  with  the  Article,  although  the  majority  did  not  observe  the 
deadline  for  the  transposai  of the  Directive.  The  Commission  has  initiated 
infringement  proceedings  against  those  States  which  have  failed  to  meet 
their obligations (see Annex IV). 

Lastly,  Directive  96/5 9/EC  on  the  disposal  of  polychlorinated  biphenyls 
and  polychlorinated  terphenyls  (PCB/PCT)  has  been  adopted,  taking 
account  of technical progress and replacing Directive 76/403/EEC. 

2.6. 

Nature 

As was  stated  in previous years' reports, nature protection  activities  centre 
around  the  implementation  of Directives  79/409/EEC  (the  conservation  of 
wild birds) and 92/43/EEC (the conservation  of natural habitats and of wild 
flora  and  fauna).  The  Commission's  main preoccupation  in this field is still 
the protection of habitats. 

122 

123 

124 

125 

Cases C-236/96  (Germany) and C-282/96  and  283/96 (France). 
Case  C-286/96. 
Judgment  given on  11 July  1996. 
Judgment  given on  12 December  1996. 

104 

As far  as national  implementing  measures  are  concerned,  several  Member 
States  have  not  notified  implementing  measures  for  the  Articles  of 
Directive  92/43/EC.  Some  Member  States  (Germany,  Greece,  Italy  and 
Portugal)  have  given  no  notification  at  all,  in  spite  of  the  fact  that  the 
deadline  for  transposai  was  June  1994.  The  Commission  has  accordingly 
commenced infringement  proceedings against Greece126 and is pursuing the 
other cases in this context. 

Further  proceedings  were  commenced  against  Greece  for  failure  to  notify 
measures 
implementing  Directive  91/224/EEC  amending  Directive 
79/409/EEC (wild birds).127 

With regard to the application  of Community Directives, the  Commission's 
main objective is to ensure the establishment  of Natura 2000, the European 
ecological  network  of  sites  set  up 
in  accordance  with  Directives 
79/409/EEC or Directive 92/43/EEC. 

Certain  Member  States,  notably  Ireland  and  the  United  Kingdom,  have 
mace  significant  progress in designating  sites in accordance with  Directive 
79/40 J/EEC. This a been a major  contributory  factor  in the increase of the 
total  number  of  designated  Community  sites.  However,  in  certain  other 
Member  States  (Germany,  Greece  and  the  Netherlands)  there  has  been 
little  if  any  progress.  The  Commission  has  commenced  an  action  against 
the  Netherlands  for  failing  to  designate  sufficient  special  protection  areas 
(Case C-3/96). 

As  for  the  sites  to  be  designated  under  Directive 92/43/EEC,  progress  is 
very  patchy.  Although  under  the  Directive  the  deadline  expired  in  June 
1995,  most  Member  States  still have to  notify  a complete  list  of sites they 
wish  to  protect.  Concerned  to  rectify  this  situation,  the  Commission  is 
continuing  the  infringement  proceedings  brought  against  the  Member 
States  in  question.  Furthermore,  it  is  operating  a  stricter  policy  regarding 
Community  funding  for  the  conservation  of  sites  under  the  LIFE 
Regulation  on  integrated  sites  and  sites  to  be  integrated  into  the  Natura 
2000 network. 

With the aim of increasing the availability of information  and  attracting  the 
attention of the actors involved in the creation of Natura  2000, particularly 
business  and  other  interest  groups,  the  Commission  launched  the  Natura 
2000  newsletter  which'deals with  the  key  issues  and  major  events  in  this 
field. It  has  also  prepared  some technical  support  documents  to  assist  the 
national authorities responsible for the network. 

Case C-329/96. 
Case C-330/96. 

105 

their 

The  Court  of  Justice  gave  an  important  preliminary  ruling  on  a  question 
raised  by  the  House  of  Lords  (Case  C-44/95).128  On  the  fundamental 
question  of the  Member  States'  discretion  in the  selection  of  sites  and  in 
defining 
under 
Directive 79/409/EEC, the Court,  upholding  the Commission's  arguments, 
the  basis  of 
held  that  the  choice  of  sites  must  be  made  strictly  on 
ornithological  criteria  and  must  not  be  influenced  by  socio-economic 
considerations (which can subsequently be taken into account under Article 
6 of Directive 92/43/EEC which covers the protection of sites). 

powers  with 

designation 

regard 

to 

2.7. 

Radiation  protection 

transposai  of  Council  Directives  80/83 6/Euratom 

The infringement  proceedings against Luxembourg  and the Netherlands  for 
incorrect 
and 
84/467/Euratom  concerning  basic  safety  standards  for  ionizing  radiation 
are  still  in  motion.  As  the  latest  amending  legislation  is  not' sufficient  to 
transpose  them  fully,  the  Commission  has  sent  Luxembourg  a  further 
reasoned opinion. 

Infringement  proceedings  are  still  in  motion  against  Belgium,  Spain, 
Ireland,  Italy  and  Portugal  for  failure  to  transpose  correctly  Council 
Directive  84/466/Euratom  concerning  the  protection  of  patients.  The 
Commission  also commenced  actions in the Court  of Justice  against  Spain 
(Case  C-21/96)  and Portugal  (Case  C-276/96)  as the  two  Member  States 
have  stated  that they  are  highly unlikely  to  complete the  full  transposai  of 
the  Directive  in  the  near  future.  Italy  has  been  sent  a  reasoned  opinion 
under  Article  143 of the Euratom  Treaty (equivalent  to  Article  171 of the 
EU Treaty) for failure to transpose some of the Articles in the Directive. 

Luxembourg  - against  which the Commission had commenced  an action in 
the  Court  of  Justice129  -  has  enacted  national  measures  implementing 
Directive  89/618/Euratom (information  for  the general  public  in the  event 
of  a  radiological  emergency).  Germany  has  not  yet  completed 
the 
transposai  of  the  Directive.  The  national  measures  implementing  the 
Directive  notified  by  France,  Spain,  Finland  and  Sweden  are  currently 
under scrutiny at the Commission. 

for 

to  notify  national  measures 
failure 
Infringement  proceedings 
implementing  Directive  90/641 /Euratom  are  still  in  motion  against 
Belgium,  Greece,  Spain  and  Portugal.  The  Commission  has  also  sent  a 
reasoned opinion to France as part  of the infringement  proceeding,  as there 
are problems of conformity  regarding the national transposai  measures and 
the Directive. 

128 

129 

Judgment given on  11 July  1996. 
Case C-46/95. 

106 

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

2.8. 

Progress  in  implementing  Directives  applicable  to the  environment 

MEMBER 
STATE 

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

Directives 
applicable on 
31.12.1996 
136 
136 
138 
141 
140 
136 
136 
136 
136 
136 
132 
140 
134 
134 
136 

Directives for which 
measures have been 
notified 
117 
133 
132 
128 
131 
126 
130 
116 
131 
133 
124 
'  131 
115 
127 
128 

% 

86 
98 
96 
91 
94 
93 
96 
85 
96 
98 
94 
94 
86130 
95 
9 41 31 

Note  :  This table concerns the following  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, 94/62, 94/67. 

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. 

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. 

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. 
The  notification  rate  for  the  United  Kingdom  disregards  the  situation  for 
implementation  of directives  in  Gibraltar,  which  is subject  to  special  monitoring. 

107 

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, 94/69. 

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

108 

TRANSPORT 

1. 

INTRODUCTION 

The  trend  for  the  majority  of  Member  States  to  adopt  national  implementing 
measures  only  after  the  deadline  laid  down  in  the  Directive  has  passed  is 
In  most  cases,  the  Commission  is  not  notified  of  implementing 
continuing. 
measures  until  it  has  begun  infringement  proceedings.  Consequently,  a  large 
number  of  proceedings  have been  or  are  about  to  be  initiated  in  connection  with 
the five Directives which entered into force this year. 

Results as regards surface transport were mixed; the situation in the railway  sector 
gives particular cause for concern. 

The sea transport  sector  is still rather worrying,  since the transposai  of Directives 
on  safety  at  sea  has  not  been  completed  and  there  are  still  problems  regarding 
compliance with Community legislation on flag rights and cargo-sharing. 

In the field of air transport,  the Commission  is continuing  its efforts  to  ensure the 
proper  application  of  Directive 91/670/EEC  (mutual  acceptance  of  personnel 
licences  for  the  exercise  of  functions  in  civil  aviation).  The  Commission  is 
continuing  to  receive  complaints  which  indicate  that  difficulties  arising  from  the 
restrictive interpretation  of the Directive by national authorities are continuing. 

2. 

SITUATION SECTOR BY SECTOR 

2.1.  Road  transport 

rate  of 

transposai  of 

the  Directive  on  driving 

The 
licences 
(Directive 91/439/EEC),  scheduled  for  1  July  1994,  is  disappointing. 
Although  all  Member  States,  with  the  exception  of  Belgium  which  has 
been sent an Article  169 letter,  have entered  into the consultations with the 
Commission  referred  to  in the Directive, the transposai  procedure  has  still 
not  been  completed  in  several  Member  States.  However,  mutual 
recognition,  eliminating  the  obligation  to  exchange  licences  on  changing 
State of residence, has been transposed  in all Member  States,  although  one 
or two practical problems are still being encountered here and there. 

On  the  taxation  front,  notification  of  national  measures  transposing 
Directive  93/89/EEC,  on  the  application  by  Member  States  of  taxes  on 
certain  vehicles  used  for  the  carriage  of  goods  by  road  and  tolls  and 
charges  for  the  use  of  certain  infrastructures,  has  improved  and  the 
infringement  proceedings  initiated  against  Belgium,  Greece,  Ireland, 
Luxembourg,  Portugal  and  Spain  have been  terminated.  The  proceedings 
initiated  against  France  are  continuing,  however. 
Instances  of 
misapplication  of  this  Directive  are  also  starting  to  appear  and  the 
Commission  has decided to  send a reasoned  opinion to Austria  concerning 
the  increase  in  the  toll  for  the  Brenner  motorway. 
It  should  not  be 
forgotten  that, although this Directive was annulled by the Court  of Justice 

109 

in  1995, its effects  will  continue  until  the  Council  adopts  new  provisions. 
Discussions are continuing within the Council. 

On  roadworthiness  testing,  Ireland  is  still  the  only  Member  State  not  to 
have  notified  national  measures  implementing  Directive  91/328/EEC. 
Although Ireland had a derogation for the application of the Directive until 
1 January  1998,  this  does  not  entitle  it  to  delay  the  adoption  of  the 
implementing measures. A reasoned  opinion has accordingly been sent. 

(standard 

it  was  possible  to 

In  a number  of other  areas, the  overall  picture  is also  satisfactory.  In  the 
social field, Italy has at last  implemented  the  Court  of Justice judgment  in 
Case  C-289/93,132  and  Directive 88/599/EEC 
checking 
procedures  for  the  implementation  of  social  legislation)  has  now  been 
transposed  in all Member  States.  On the  question  of  safety  and  technical 
infringement 
standards, 
proceedings,  and transposai  of Directives  91/671/EEC  (compulsory  use  of 
safety  belts),  92/6/EEC (speed  limitation  devices) and 92/54/EEC  (braking 
standards)  has  been  completed  in  all  Member  States  following 
the 
termination  of  the  proceedings  for  failure  to  notify  initiated  against 
Belgium  (Directive  91/671),  Portugal  (Directive  92/6/EEC)  and  Italy 
(Directive  92/54/EEC).  The last  proceeding  for  failure  to  notify  measures 
transposing  the Directive  on  admission  to  the  occupation  of  road  haulage 
operator  (89/43 8/EEC)  has  also  been  terminated  now  that  Luxembourg 
has notified  its national implementing measures. 

terminate  quite  a  few 

As for  the transposai  of Directives  by the  three  new  Member  States,  only 
two  proceedings  are  now  running  against  Austria  for  incorrect  transposai 
of  Directives  84/647/EEC  and  90/398/EEC  (vehicles  hired  without 
drivers). 

2.2.  Combined  transport 

Against  the  present  background  of  traffic  congestion  and  environmental 
and  road  safety  concerns,  the  Commission  deplores 
that 
infringement  proceedings  are  still  running  against  Belgium  for  failure  to 
notify  measures  transposing  Directive  92/106/EEC.  The  removal  of  all 
quantitative  restrictions  and  the  abolition  of  a  variety  of  administrative 
constraints, which are aims of the Directive, would  pave the way for  more 
rapid development  of combined  transport. 

the  fact 

2.3. 

Inland  waterways 

the 

transposai  of  Directive  87/540/EEC 

Although 
the 
occupation  of  carrier  of  goods  by  waterway)  is  still  creating  problems  in 
Germany,  the  German  authorities  have  nevertheless  submitted  to  the 
Commission for its opinion a text intended  to replace the national  provision 
in dispute.  The proceedings against Belgium have been terminated. 

(access 

to 

l j: 

Judgment given on 23 February  1994 

110 

An Article  169 letter  was  sent  to  Austria  for  failing  to  notify  measures  to 
transpose Directive 91/672/EEC (certificates  for  the carriage of goods and 
passengers by inland waterway). 

2.4.  Rail transport 

Significant  problems remain as regards transposai  of Directive 91/440/EEC 
on  the  development  of  the  Community's  railways,  the  aim  of  which  is  to 
integrate  the  railway  system  into  a  competitive  market  and  make  railway 
transport  efficient  and  competitive  compared  with  other  modes  of 
transport. 

to 

for 

infrastructure 

Although  the  proceedings  initiated  against  Greece  for  failure  to  notify 
national  implementing  measures  have  now  been  terminated,  problems 
persist  in  several  Member  States  with  regard  to  transposai  of  Article  10 
(rights  of  access 
the 
Community).  This  situation  is  worrying,  since  transposai  of  this  article, 
which  is  intended  to  gradually  open  up  access  to  the  rail  networks  for 
competition,  is of  particular  importance  for  the  future  development  of the 
Community's  railway  policy.  Failure  to  transpose  it  could  compromise 
Directives  95/18/EC  (on  the  licensing  of  railway  undertakings)  and 
9 5/19/EC  (on  the  allocation  of  railway  infrastructure  capacity  and  the 
charging of infrastructure  fees),  for  which the final dates for  transposai  fall 
in June  1997. 

railway  companies 

in 

2.5. 

Sea  transport 

The  Commission's  efforts  in  this  sector  concentrated  in  particular  on 
improving  safety  and  preventing  pollution  of  the  seas.  The  infringement 
proceedings  begun  in  1995  to  secure  the  correct  application  of  Directive 
93/75/EC  continued  and  were  also  accompanied  by  initiatives  to  ensure 
that  the  three  new  Directives  (94/57/EC,  94/58/EC  and  95/21/EC)  were 
transposed  on schedule. 

Transposai  of  Directive  94/57/EC  (common  rules  and  standards  for  ship 
inspection  and  survey  organizations  and  for  the  relevant  activities  of 
maritime  administrations)  has not  been  completed  in most  Member  States 
and  reasoned  opinions  for  failure  to  notify  measures  transposing  the 
Directive have been sent to the United Kingdom, Belgium,  Greece,  Ireland, 
Infringement  proceedings  have  also  been 
Italy  and  the  Netherlands. 
initiated  against Austria, Finland and  Sweden. 

for 

Reasoned  opinions 
transposing 
Directive 94/58  (the  minimum  level  of  training  of  seafarers)  were  sent  to 
Ireland,  Italy, the Netherlands  and Portugal.  An Article  169 letter was  also 
sent to Austria. 

to  notify  measures 

failure 

I ll 

States 

seven  Member 

notified  measures 

transposing 
Only 
Directive 95/21/EC  (enforcement,  in respect  of shipping using  Community 
ports and sailing in the waters under the jurisdiction  of the Member  States, 
of  international  standards  for  ship  safety,  pollution  prevention  and 
shipboard  living and working conditions).  Only seven Member  States have 
notified  transposai measures. Article  169 letters have been sent to Belgium, 
Greece, Ireland, Italy, the Netherlands, Portugal, Spain and Finland. 

There  are  also  transposai  delays  in  the  field  of  transport  of  dangerous 
goods.  The  transposai  of  Directive  93/75  (vessels  carrying  dangerous  or 
polluting goods) is still incomplete.  While the proceedings initiated  against 
Belgium,  France,  Ireland,  the  Netherlands,  Portugal  and  the  United 
Kingdom  were  terminated,  the  Commission  has  not  been  notified  of 
national  measures  transposing  the  Directive  by  Spain,  Denmark  and  Italy 
and projblems of conformity  have arisen in six other Member States. 

Problems  also  remain  as  regards  compliance  with  Community  legislation 
on  the  registration  of  vessels  and  the  granting  of  flag 
rights.  The 
proceedings  against  Belgium,  Denmark,  Italy  and  the  Netherlands  for 
failure  to  abolish  discriminatory  conditions  for  the  granting  of  flag  rights 
are therefore  continuing.  Cases  against  Ireland  and  Greece  were  referred 
to the Court of Justice. 

The  case  against  France,  however,  in  which  the  Court  gave judgment  on 
the  conditions  for  granting  vessels  the  right  to  fly  the  French  flag  on 
7 March  (Case  C-334/94),133  was 
the  new  French 
terminated  as 
legislation1-'4  no 
longer  includes  the  French  nationality  requirement 
condemned  by the  Court.  But  the  other  aspects  of the  case  are  still  under 
scrutiny. 

The  new  French  Act also  amended  the  legislation  which  reserved  the 
carriage  of  coal  for  vessels  flying  the  French  flag,  thus  enabling  the 
infringement  proceedings in this area to be terminated too. 

The situation  regarding  cargo-sharing  agreements between  Member  States 
and  non-member  countries has not  improved  and the principle  of  freedom 
to  provide  services guaranteed  by Regulation  (EEC) No 4055/86  is being 
flouted  in  this  sector.  Infringement  proceedings  are  continuing  against 
Spain  (agreements  with  Gabon  and  Tunisia),  Belgium  (agreements  with 
Malaysia,  Zaire  and  Togo),  Luxembourg  (agreement  with  Malaysia)  and 
Italy  (agreement  with Morocco).  The  Commission  is also  maintaining  its 
vigilance  to  ensure  that  the  agreements  between  Member  States  and  the 
countries  of  West  and  Central  Africa  (MCWCS)  are  adapted.  It  has 
decided to send reasoned opinions to five Member States. 

133 
134 

Judgment given on 7 March 1997. 
Act 96-151. 

112 

2.6.  Air transport 

of 

of 

conformity 

national  measures 

Problems 
transposing 
Directive 91/670/EEC  (mutual  acceptance  of  personnel  licences  in  civil 
aviation) have not been settled and the Commission is continuing to receive 
fresh  complaints.  These  complaints  have  prompted  new  infringement 
proceedings.  Reasoned  opinions  were  also  sent  to  Spain  and  France  for 
refusing  to  accept  pilot's licences issued by another Member  State, and the 
Commission  subsequently decided to refer these two Member  States to  the 
Court of Justice. 

Reasoned  opinions  were  sent  to  Belgium,  Spain,  France  and  Italy  for 
failure  to  give  notification  of  national  measures  transposing  Directive 
93/65/EEC  (definition  and  use  of  compatible  technical  specifications  for 
the  procurement  of  air-traffic-management  equipment  and  systems). 
Infringement  proceedings  have  also  begun  against  Austria,  whereas  those 
against  Portugal  and  Greece  have been terminated.  Proper  application  of 
this Directive is of major  importance for  the harmonization  of the Member 
States'  air  traffic  control  systems  and  for  the  smooth  operation  of  public 
procurement  in this sector.  The opening of these infringement  proceedings 
has  concentrated  the  minds  of  most  Member  States  involved,  which  are 
preparing measures for the transposai of the Directive. 

The  final  date  for  transposing  Directive  94/56/EC  (establishing  the 
fundamental  principles  governing 
the  investigation  of  civil  aviation 
accidents and incidents) was 21 November  1996.  Only two Member  States 
had notified  measures transposing the Directive by that  date.  The increase 
in air traffic  could  lead to  a corresponding  increase  in accidents  if nothing 
is done  to  improve  standards  of  safety  in this  sector.  It  is therefore  vital 
for  a  detailed  enquiry  to  be  carried  out  into  all  accidents  or  serious 
incidents, in accordance with the obligation  now imposed  by the Directive, 
to prevent a recurrence. 

The  infringement  proceedings  which  had  been  initiated  against  several 
Member  States in connection  with the conclusion  of bilateral  "open  skies" 
agreements  with  the  United  States  have  been  suspended  following  the 
Council's mandate to the Commission to enter into preliminary  negotiations 
with the United  States. 

2.7. 

Summertime 

Directive  94/21  on  summertime  arrangements  has  been  transposed  in  all 
Member  States and all infringement  proceedings have been terminated. 

113 

2.8. 

Progress in implementing  directives applicable to transport 

MEMBER 
STATE 

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

Directives 
applicable on 
31.12.1996 
44 
44 
44 
44 
44 
44 
..44 
44 
44 
44 
44 
44 
44 
44 
44 

Directives for which 
measures have been 
notified 
38 
43 
42 
41 
40 
41 
39 
37 
42 
41 
36 
41 
39 
41 
41 

% 

86,5 
98 
95,5 
93 
91 
93 
89 
84 
95,5 
93 
82 
93 
89 
93 
93 

Note:  this  table  concerns  the  following  Directives  :  62/2005,  74/561,* 
74/562,*  76/135,  76/914,  77/143,  77/796,  79/115,  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,  91/439, 
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, 94/56, 94/57, 94/58, 95/21. 

As  consolidated  on  29  April  1996  by  Directive  No  92/26/EC  (Official 
Journal L  124,23.5.1996). 

14 

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.  On 
7 May  1996,  the Court  held  a public hearing  for  the five cases  in  question  and  is 
expected to give judgment  soon. 

At  87%, the  rate  of transposai  of directives  is  slightly  down  on  the  rate  for  1995 
(88.5%), as there have been several delays in the transposai of recent  directives. 

2. 

SITUATION SECTOR BY  SECTOR 

2.1 

Transparency of prices 

Spain  has notified  measures  implementing  Directive  90/377/EEC  on  transparency 
of prices  of  gas  and  electricity.  All the  Member  States  have  now  completed  the 
transposai procedure. 

2.2 

Internal market for electricity and natural  gas 

Notification  of measures implementing Directive 91/296/EEC  on the transit  of gas 
have  been  received  from  all  the  Member  States.  The  last  Member  State  to 
complete the transposai process was Portugal. 

The  actions  brought  before  the  Court  regarding  exclusive  gas  and  electricity 
import rights in Spain, France, Italy and the Netherlands  are still in motion.  After 
Court  of  Justice's  public  hearings,  the  Commission  decided  not  to  continue  with 
the procedure in Case C-l56/94 against  Ireland. 

2.3 

Energy  efficiency 

Notification  of  measures 
implementing  Directive 92/42/EEC  on  efficiency 
requirements  for  new  hot-water  boilers  has  been  received  from  Portugal  and 
Luxembourg.  Only  three  Member  States  (Belgium,  Italy  and  Austria)  have  still 
not issued implementing measures. 

A new directive in this field was adopted  in September  (Directive 96/57/EC135).  It 
concerns  the  energy  efficiency  requirements  for  household  electric  refrigerators, 
freezers  and combinations thereof. 

As the infringement  proceedings  regarding  Directive  92/75/EEC  on the  indication 
of the  consumption  of  energy  have  been  terminated,  the  Member  States  are  now 
accused  only of failing  to  notify  measures  transposing  the  directives  implementing 
it. 

1 35 

OJ No L 296,  18.9.1996 

115 

Belgium, Germany and Italy have still not transposed Directive 94/2/EC on energy 
labelling  of  household  electrical  refrigerators,  freezers  and  their  combinations; 
Austria,  Belgium,  Germany,  Greece,  France,  Ireland,  Italy  and  the  Netherlands 
have not yet transposed Directive 95/12/EC on household washing machines; and 
Belgium, Germany, Greece, Ireland, Italy, the Netherlands and Austria have still to 
transpose Directive 95/13/EC on household electric tumble driers. 

Directive 93/76/EEC  on  limiting  carbon  dioxide  emissions  by  improving  energy 
efficiency  (Save)  has been transposed  by Denmark,  France, the Netherlands and 
the United Kingdom. 

2.4  Oil and gas 

Three  Member  States  (Belgium,  Ireland  and  Italy)  have  still  to  notify  national 
implementing measures for Directive 94/22/EC on the conditions for granting and 
using  authorizations  for 
the  prospection,  exploration  and  production  of 
hydrocarbons.  The Directive is not applicable in Luxembourg. 

116 

2.5 

Progress in implementing directives applicable to energy 

MEMBER 
STATE 

Directives 
applicable on 
31.12.1996 

Directives for which 
measures have been 
notified 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ÏTALY 

LUXEMBOURG 

NETHERLANDS 

AUSTRIA 

PORTUGAL 

FINLAND 

SWEDEN 

UNITED 
KINGDOM 

19 

19 

20 

19 

19 

19 

19 

19 

18 

19 

19 

19 

17 

19 

19 

13 

19 

16 

16 

18 

18 

15 

13 

17 

17 

15 

18 

15 

16 

19 

% 

68 

100 

80 

84 

95 

•  95 

79 

68 

94 

89 

79 

95 

88 

84 

100 

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), 95/12, 95/13. 

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

117 

STRUCTURAL FUNDS AND COMMUNITY LAW 

The  Structural  Funds  Regulations  lay  down  the  principle  that  projects  enjoying 
Community  financial  support  must  be  in  conformity  with  Community  law  (Article  7  of 
Regulation  (EEC)  No  2052/88).  The  impact  of  the  principle  is  that  wherever  it  is 
established  that  Community  law  is violated  the  support  given from the  Structural  Funds 
may be suspended, reduced  or withdrawn (Article 24 of Regulation (EEC) No 4253/88 on 
the  Structural  Funds  and  Annex  II  Article  H  of  Regulation  (EEC)  No  1164/94  on  the 
Cohesion Fund). 

Measures financed  by the Funds are managed in partnership, which means that the primary 
responsibility  for  monitoring  compliance  with  Community  law  lies  with  the  national 
authorities.  The Commission,  however,  retains  its enforcement  powers  under  Article  169 
of the Treaty and Article 24 of  Regulation (EEC) No 4243/88. 

The Community  case-law  confirms  that  the  infringement  procedure  and  the  procedure  of 
Article 24 of Regulation  (EEC) No  4253/88  are  quite  distinct  (Case  T-461/93),136  which 
means that the commencement  of infringement  proceedings does not automatically  trigger 
the procedure of Article 24 of Regulation (EEC) No 4253/88  (and vice versa). 

But  the  absence  of  an  automatic  political  or  legal  link  between  the  two  procedures 
(commencement  of infringement  proceedings  and  withdrawal  of  support)  does  not  mean 
that there is no coherence between  them. In practise,  once the Article  169 letter  has been 
transmitted  in an infringement  case,  the question  whether  assistance  should  be  suspended 
may be considered  and,  when the reasoned  opinion  has been  issued, the question  whether 
to commence the procedure for reduction or withdrawal in accordance with the provisions 
implementing Article 24 may arise. Likewise, where Article  169 infringement  proceedings 
are  terminated,  the  Commission  does  not  lose  its  right  to  recover  the  Community 
contribution. 

The  basic  principle  is  that  the  effectiveness  of  the  cohesion  policy  depends  heavily  on 
compliance  with  Community  law  and  policies.  But  before  taking  a  decision  to  reduce  or 
withdraw Community assistance, the Commission  assesses the gravity of the  infringement 
on  a  case-by-case  basis.  This  means  that  serious  infringements  will  not  be  allowed  to 
remain  with  no  impact  on  Community  cofinancing  and  that  minor  infringements  will  not 
be  allowed  to  have  a  disproportionate  impact  on  the  development  of  regions  that  are 
lagging behind or in decline. 

Infringements  connected  with  operations  cofinanced  by  the  ERDF  and  the  Cohesion 
Funds  most  commonly  relate  to  compliance,  with  environment  directives  and  the 
Community  rules  on  public  procurement.  Complaints  typically  allege  infringement  of 
Directive 85/337/EEC (environmental impact assessment). 

The  cases  involving  Community  cofinancing  account  for  only  a  small  proportion  of  the 
suspected  or  established  infringements  of  environment  and  public  procurement  rules 
(4.3% of cases for the environment  and 3.4% for public procurement). 

Judgment given on 23 September  1994 

118 

These  figures  are  given  for  guidance;  they  are  merely  one  clue  among  others  as "to "the 
scale of the problem.  Some infringement  cases  do  not  come to  the  Commission's  notice, 
and  in  others  it  is  difficult  to  establish  a  direct  link  between  the  infringement  and  the 
existence  of  Community  cofinancing,  as  Structural  Funds  cofinancing  is  generally 
managed  on  an  aggregate  basis  under  operational  programmes  and  project  selection  is 
primarily in the hands  of the Member  States. There is also the further  problem  of a more 
general  infringement  (as  where  a  directive  is  incorrectly  transposed)  with  indirect 
implications for projects cofinanced  by the Funds. 

According to  available  data, the breakdown  of proceedings  commenced  for  suspected  or 
established infringements  in relation to cofinanced  projects is as follows: 

Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Portugal 
United Kingdom 

1 
5 
8 
4 
3 
1 
6 
1 

(environment) 
(environment) 
(environment) 
(environment: 3; public procurement:  1) 
(environment) 
(public procurement) 
(environment: 2; public procurement: 4) 
(environment) 

The  frequency  of  established  infringements  in  relation  to  cofinanced  projects  would 
appear  to  correlate  with  the  scale  of the  assistance  given  and  the  volume  of  Community 
cofinancing  rather  than  the  specific  practices  of this  or  that  Member  State.  Road  works 
and water treatment  facilities are the most common types of project. 

Even though  the  number  of infringement  cases  does  not  appear  very  high  in  comparison 
with  the  sometimes  very  high  volume  of  Community  cofinancing,  the  fact  remains  that 
protection of the Community's financial interests is indispensable. 

Lastly,  it  should  be  remembered  that  monitoring  the  application  of  Community  law  in 
connection with  Structural  and  Cohesion Funds financial assistance requires not  only that 
action  be taken  against  infringements  but  above  all that  preventive  action  be  taken  as  a 
matter of course.  This is first and  foremost  a task  for  the national  authorities,  which must 
take all such measures as are needed to ensure that  Community law is observed  wherever 
projects are cofinanced  by the Community. 

119 

BUDGETARY MATTERS 

The  Commission  issued  a  reasoned  opinion  against  Germany  in  order  to  have  own 
resources (and interest for  late payment) made available as regards agricultural levies not 
charged and paid over contrary to Regulations (EEC) Nos 2252/90 and 1552/89. 

120 

COMMUNITY  STAFF 

The  infringement  proceedings  initiated  in  this  field  concern  the  failure  of  the  Member 
States  to  comply  with  the  Protocol  on  Privileges  and  Immunities  of  the  European 
Communities and to  implement  national provisions  required  for  the correct  application  of 
the Staff Regulations of Officials  and the Conditions of Employment  of Other  Servants of 
the European Communities. 

The  infringement  proceeding  initiated  against  Spain  in  1995  as  a  result  of  the  national 
authorities'  refusal  to  grant  a  residence  permit  to  officials  and  other  servants  of  the 
European Communities is continuing. 

On the basis of hiformation  provided  by offices  and  bodies  employing  officials  and  other 
servants  of  the  European  Communities,  raising  doubts  as  to  the  practical  value  of  the 
residence permits issued  since March  1995 by the Spanish authorities, the Commission has 
addressed a reasoned opinion to  Spain.  The nub of the matter is that these permits do not 
allow  officials  and  other  servants  of  the  European  Communities  to  furnish  proof  of  the 
legality of their status while working in Spain. 

With  regard  to  tl•_  transfer  of  pension  rights  (Article  11(2)  of  Annex VIII  to  the  Staff 
Regulations  of Officials  of the European  Communities),  infringement  proceedings  against 
Spain, Greece and Belgium are under way. 

In  the  case  of  Spain,  the  matter  is pending  before  the  Court  of  Justice.  The  proceeding 
against Greece is at the reasoned  opinion stage*  The Commission is currently examining a 
reply from the Greek national authorities. 

Additional  measures  being  devised  by  the  Belgian  national  authorities  should  enable  the 
infringement  proceedings against them to be terminated  shortly. 

121 

STATISTICAL MATTERS 

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

However, infringement  proceedings commenced last year against the Spanish and French 
authorities  for  failure  to  submit  monthly  data  on  the  quantities  and  average  prices  of 
landings of fishery products in the prescribed  form  (Regulation (EEC) No 1382/91) and 
annual  catch statistics (Regulation(EEC) No 3880/91) are  still in motion,  and have now 
reached the reasoned opinion stage. 

122 

ANNEXES 

I. 

II. 

Suspected infringements 

Established  infringements 

III. 

Infringements  of treaties and regulations 

IV. 

Report  on the application of directives 

V. 

Judgements of the Court of Justice not yet implemented 

VI. 

Application of Community law by national courts 

124 

132 

140 

166 

438 

460 

123 

ANNEX  I 

SUSPECTED  INFRINGEMENTS 
1992  to  1996 

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 

124 

Table  1.1. 

Suspected  infringements 
Origin 

Year 

1992 

1993 

1994 

1995 

1996 

Complaints 

Parlementiary  questions 

Petitions 

Cases detected by Commission 

Total 

1185 

1040 

1145 

955 

819 

45 

30 

5 

30  O 

22 (*) 

33 

23 

6 

4(*) 

4(*) 

282 

247 

277 

297 

257 

1545 

1340 

1433 

'1252 

1076 

(*)  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 bv sector and Member State 

DGI 

External Relations 

DG II 

Economic  and Financial Affairs 

DG III 

Internal Market  and Industrial Affairs 

(up to  1992) 

Industry (1993) 

DG IV 

Competition 

B 

DK 

D 

EL 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

s 

UK 

Total 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

0 

0 

1 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

0 

.  0 

1 

0 

0 

0 

0 

1 

0 

1 

0 

0 

0 

0 
i 
0 

0 

3 

2 

1 

1 

0 

0 

0 

0 

0 

0 

0 

2 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

2 

1 

0 

1992 

20 

14 

74 

44 

39 

71 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

1 

2 

1 

1 

3 

2 

1 

2 

1 

5 

0 

3 

4 

0 

4 

0 

2 

0 

4 

12 

10 

12 

6 

2 

2 

4 

5 

5 

7 

1 

0 

2 

7 

20 

0 

4 

1 

3 

2 

3 

8 

2 

3 

5 

2 

1 

1 

6 

3 

6 

5 

3 

6 

2 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

8 

0 

1 

0 

1 

2 

2 

1 

0 

1 

1 

0 

0 

0 

0 

0 

1 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

2 

1 

0 

0 

0 

0 

0 

1 

1 

2 

0 

0 

48 

6 

20 

0 

13 

7 

8 

2 

7 

1 

1 

1 

0 

7 

• 3 

7 

4 

11 

2 

1 

1 

0 

0 

6 

1 

4 

0 

3 

3 

2 

1 

1 

0 

0 

0 

0 

0 

0 

0 

4 

2 

1 

6 

1 

1 

0 

2 

1 

1 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

1 

2 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

4 

3 

0 

0 

0 

0 

1 

0 

1 

0 

0 

1 

0 

0 

1 

0 

0 

1 

4 

2 

0 

2 

6 

6 

10 

5 

2 

25 

382 

2 

2 

2 

1 

2 

1 

0 

1 

1 

34 

44 

38 

38 

42 

38 

38 

37 

24 

DGV 

Employment,  Industrial  Relations 

and Social Affairs 

DGVI 

Agriculture 

DGVII 

Transport 

DG IX 

Personnel and Administration 

DGX 

Audiovisual Media, Information, 

Communication  and Culture 

B 

DK 

D 

EL 

E 

F' 

IRL£ 

I 

L 

NL 

A 

P 

FIN 

s 

UK 

Total 

1992 

1993 

1994 

1995 

7 

4 

3 

7 

1996 

10 

1992 

11 

1993 

4 

1 

4 

0 

2 

3 

6 

3 

4 

3 

3 

2 

3 

4 

4 

4 

1 

0 

5 

3 

2 

1 

2 

4 

11 

-7 / 

10 

10 

18 

16 

47 

36 

3 

2 

1 

2 

1 

7 

14 

3 

14 

1 

4 

48 

8 

6 

21 

30 

•  5 

20 

1 

0 

0 

1 

0 

6 

0 

1 

2 

2 

4 

3 

8 

8 

1994 

38 

12 

29 

12 

38 

67 

13 

23 

3 

41 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

7 

10 

16 

11 

2 

0 

2 

1 

8 

5 

0 

0 

0 

2 

0 

1 

0 

0 

3 

0 

3 

1 

0 

1 

3 

4 

0 

1 

0 

0 

0 

1 

1 

0 

0 

0 

25 

3 

2 

0 

16 

4 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

9 

3 

3 

2 

5 

5 

0 

1 

0 

0 

0 

1 

1 

0 

1 
o 

3 

6 

4 

4 

14 

35 

16 

3 

13 

18 

9 

5 

1 

0 

0 

0 

0 

1 

1 

0 

5 

6 

1 

1 

0 

0 

0 

1 

1 

0 

0 

1 

5 

1 

1 

0 

0 

3 

2 

0 

0 

0 

0 

0 

1 

0 

0 

28 

27 

5 

3 

2 

9 

3 

0 

0 

0 

0 

0 

1 

0 

1 

0 

1 

2 

2 

2 

1 

1 

5 

1 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

13 

6 

2 

1 

0 

1 

4 

0 

0 

0 

0 

0 

1 

0 

0 

0 
o 

0 
o 

0 
o 

0 

0 

0 

1 

0 

0 

0 

0 

5 

6 

0 

0 

0 

2 

2 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

2 

0 

1 

3 

0 

7 

7 

9 

5 

7 

1 

4 

3 

6 

4 

0 

0 

0 

0 

0 

1 

0 

0 

0 
o 

0 

0 

0 

1 

0 

0 

0 

0 

0 

3 

0 

0 

0 

2 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1 

1 

0 

0 

0 

1 

1 

0 

0 

0 

5 

3 

0 

0 

0 

4 

2 

0 

0 

0 

0 

0 

0 

0 

0 

1 

o 

8 

8 

24 

7 

3 

54 

44 

61 

44 

40 

37 

247 

8 

120 

32 

14 

7 

0 

1 

6 

4 

6 

0 

0 

0 

0 

0 

1 

0 

3 

1 
o 

317 

159 

123 

25 

34 

48 

82 

54 

2 

3 

0 

2 

0 

12 

4 

4 

8 

3 

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 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

1992 

10 

16 

6 

7 

3 

0 

0 

0 

2 

0 

1 

0 

0 

0 

1 

7 

Financial Institutions  and Company  Law 

1993 

53 

V 

8 

7 

4 

1 

6 

0 

0 

0 

0 

0 

1 

1 

1 

0 

1 

5 

9 

29 

33 

0 

0 

1 

1 

0 

1 

1 

0 

2 

0 

5 

53 

77 

115 

49 

42 

31 

46 

103 

31 

33 

60 

17 

89 

43 

38 

63 

23 

21 

2 

2 

4 

9 

6 

4 

0 

28 

0 

21 

0 

16 

15 

66 

36 

21 

12 

6 

11 

4 

11 

5 

0 

1 

0 

0 

0 

1 

0 

1 

1 

0 

2 

49 

25 

13 

27 

0 

1 

0 

1 

0 

5 

0 

2 

1 

1 

3 

0 

0 

0 

0 

0 

2 

2 

3 

1 

1 

6 

0 

0 

0 

0 

0 

2 

0 

1 

0 

0 

1 

0 

1 

0 

0 

3 

2 

1 

0 

0 

0 

5 

3 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

2 

7 

10 

0 

1 

0 

1 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

3 

0 
1  0 

9 

0 

3 

0 

2 

0 

0 

0 

0 

0 

0 

0 

15 

86 

58 

34 

99 

6 

108 

6 

25 

(up to 1992) 

1994 

33 

11 

76 

44 

40 

95 

7 

106 

7 

32 

0 

19 

0 

0 

0 

8 

3 

0 

0 

0 

0 

1 

0 

0 

0 

0 

2 

0 

0 

0 

0 

0 

4 

3 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

Internal Market and Financial Services  (1993) 

1995 

36 

13 

DGXVI 

Regional Policies 

1996 

31 

1992 

1993 

1994 

1995 

1996 

0 

0 

0 

0 

0 

9 

0 

0 

0 

0 

0 

84 

65 

39 

23 

56 

26 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

91 

11 

65 

7 

26 

21 

22 

9 

30 

76 

10 

53 

9 

13 

25 

13 

12 

33 

103 

0 

0 

0 

0 

0 

1 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

131 

587 

64 

57 

34 

11 

383 

359 

265 

207 

0 

0 

0 

0 

0 

2 

1 

1 

0 

0 

3 

42 

23 

2 

0 

7 

1 

7 

5 

17 

7 

9 

5 

7 

42 

541 

493 

512 

501 

1 

0 

0 

1 

0 

CO 

"5 
h-

CO 

a: 

LU 

UJ 

Q 

CO 

co 

CO 

co  CO  s  CM 

00 I 

CO 
CN 

CM 
CD 

CD 

CO 

CM  CO  CN  CN  CD 

o  o 

o51  o>]  001 

CN] 

ol  CN| 

o  o 

o 

CN 

CO 

CO 

CN 

CO  CN  CN 

in 

CN 

CO  CN  CO 

CO 

CN 

CN 

a>\  CN  CO  CO 

CM 

CO  m 

CN 

CO  CO  CM 

CO 

CO  oo 

in 

m 

co 

CD  co 

CO  CN 

O 

"Ô 

"o 

o 

" CM 

CM 

o 

o 

CN  CN 

CM 
CD 
CD 

co 
CD 
Oil 

CD 
CD 

LO 
CD 

CD 

CN 
en 

co 
CD 
CD 

CD 
CD 

in 
CD 
CD 

CD 
CD 
CD 

CM 
CD 
CD 

CO 
CD 
CD 

CD 
CD 

LO 
CD 
CD 

CO 
CD 
CD 

CN 
CD 
CD 

CO 
CD 
CD 

CD 
CD 

in 
CD 
CD 

CD 
CD 
CD 

CN 
CD 
CD 

CO 
CD 
CD 

CD 
CD 

LO 
CD 
CD 

CD 
CD 
CD 

CO 
CD 
•D 
CO 

s 

>> 
o 
"5 
CL 
CD 
CO 

03 

C 
LU 

CO 

CD > 
"co 
I— 
CD 
CL 
O 
O 

o 
c 
CO 
E 
CO 
o 
h-

Q 

c 
o 
to 
o 
•o 
LU 
co~ 
CD 
O 

o 
CO 
CD 
tr 
c 
CO 

E 
X 

3 
o 
>-
C 
CO 
en 
c 
c 
co 

X 
X 
CD 
Q 

c 
o 
to 
x 
00 

••—• o 

CD 

T5 
c 
TJ c 
CO 
co 
E 
o 
oo 
o 

Q 

123 

CD 
i_ 

CD 

LU 

Q 

CO 

"CD 

•o 

CÛ 

X 
X 
o 
Q 

DGXXIV 

Consumer  Policy  Service 

SOEC 

Statistical  Office 

LS 

Legal Service 

SG 

Secretariat-General 

Total 

B 

DK 

D 

EL 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

S 

UK 

Total 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

0 

0 

1 

0 

1 

0 

0 

0 

0 

0 

0 

1 

0 

1995 

•0 

1996 

1992 

1993 

1994 

1S95 

1996 

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 

0 

11 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1 

1 

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 

0 

2 

0 

0 

0 

1 

0 

1 

0 

2 

0 

0 

2 

0 

0 

0 

0 

0 

0 

0 

0 

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 

0 

2 

1 

1 

0 

2 

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 

0 

0 

.  0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

4 

2 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1992 

70 

45 

181 

168 

247 

195 

70 

207 

25 

54 

0 

60 

1993 

92 

37 

149 

146 

184 

209 

52 

192 

14 

67 

0 

59 

1994 

92 

33 

185 

112 

196 

246 

66 

185 

18 

85 

0 

59 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

3 

2 

1 

0 

0 

0 

0 

0 

0 

0 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

35 

21 

9 

0 

5 

0 

2 

0 

3 

0 

2 

5 

0 

3 

0 

0 

0 

0 

0 

0 

0 

223 

1545 

0 

139 

1340 

0 

156 

1433 

1995 

80 

36 

171 

84 

147 

210 

44 

140 

25 

65 

45 

52 

28 

52 

73 

1252 

1996 

57 

34 

155 

52 

103 

148 

29 

135 

16 

38 

52 

37 

33 

51 

136 

1076 

Table 1.3, 

Suspected  infringements 
Action taken 

classified  by year of  registration 

Year 

Total cases 

Terminated 

In motion 

Established  infringements 

CO 

1992 

1993 

1994 

1995 

1996 

1545 

1340 

1433 

1252 

1076 

1190 

992 

909 

756 

310 

69 

69 

217 

284 

665 

286 

279 

307 

212 

101 

ANNEX  II 

ESTABLISHED  INFRINGEMENTS 
1992  to  19956 

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  (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) 
Trend  by  Member  State  and  year  commenced  (1996) 

32 

Table 2.1 

Established infringements - Classified by stage of proceedings and Member State 

Article 169 letters 

Reasoned opinions 

Referrals to Court 

Member State 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

1992 

1993 

1994 

1995 

1996 

GO 

B 

DK 

D 

EL 

E 

F 

IRL 

I 

L 

NL 

A 

P 

FIN 

S 

UK 

Total 

110 

98 

77 

80 

72 

22 

26 

41 

19 

62 

46 

66 

57 

42 

22 

4 

3 

14 

1 

0 

97 

120 

90 

92 

62 

18 

35 

66 

'  25 

37 

112 

125 

96 

113 

58 

30 

41 

85 

26 

51 

129 

107 

86 

81 

59 

39 

28 

53 

15 

30 

113 

105 

90 

97 

88 

10 

39 

49 

17 

46 

87 

91 

70 

67 

43 

13 

25 

47 

3 

36 

6 

0 

5 

4 

5 

1 

9 

138 

108 

102 

114 

75 

40 

49 

60 

36 

71 

11 

7 

0 

4 

4 

5 

2 

0 

6 

97 

91 

64 

71 

39 

21 

29 

36 

75 

75 

73 

59 

32 

16 

22 

20 

0 

0 

0 

4 

132 

0 

0 

0 

9 

4 

0 

9 

2 

28 

14 

11 

116 

125 

96 

115 

54 

22 

40 

54 

22 

49 

0 

0 

0 

0 

0 

0 

2 

290 

2 

69 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

97 

98 

73 

77 

47 

13 

15 

21 

15 

14 

5 

0 

1 

0 

0 

3 

5 

0 

0 

0 

0 

0 

10 

0 

5 

6 

0 

10 

20 

0 

8 

17 

12 

17 

9 

8 

12 

6 

6 

6 

12 

17 

6 

4 

•0 

5 

0 

0 

1 

3 

0 

0 

4 

0 

0 

2 

9 

11 

4 

9 

4 

2 

1 

6 

0 

0 

1 

1217 

1209 

974 

1016 

1142 

248 

352 

546 

192 

435|  64 

44 

89 

72 

92| 

Table 2.2. 

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

Total 1 

1992 

Directives 

Treaties 

Total 

993 

Directives 

Total 

1994 

Directive* 

Treaties 

T o t al 

No 

fmpt. 

Appl. 

Regu 

No 

Impl. 

Appl 

Regu 

No 

Impl. 

Appl. 

Regu 

notit. 

p i o b. 

prob. 

lations 

notil. 

p t o b. 

p m b. 

1 Plions 

nuts. 

p m b. 

p i o b. 

M i o ns 

1995 

Directives 

No 

nobl. 

Impl. 

prob. 

j 

Treaties 

T o t al 

1996 

Directives 

Treaties 

Appl. 

Regu 

No 

Imp!, 

Appl. 

Regu 

prob 

j 

taboos 

notrt. 

prob. 

prob. 

l a t o rs 

Decisions 

Decisions 

B 

DK 

D 

EL 

E 

F 

IRL 

1 

L 

NL 

A 

P 

FIN 

S 

UK 

Art. J§_9_ 
RO 

REF 

Art. 169 
' 

RO 

_ R E F_ 

Art. 169 

RO 

REF 

110 

22 

6 

46 

4 

0 

97 

18 

5 

Art. 169 

112Î 

RO 

REF 

30 

4 

_Art.J69 

129 

RO 

REF 

39 

5 

Art. 169 

113 

_RO__ 

_  R E F_ 

Art. 169 

RO 

REF 

10 

1 

87 

13 

9 

Art. 169 

138 

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 

Art  169 

RO 

REF 

40 

11 

97 

21 

14 

75 

16 

5 

! 

116 

22 

1 

97 

13 

3 

TOTAL 

Art. 169 

1217 

RO 

REF 

246 

64 

84 

13 

2 

39 

2 

77 

4 

1 

93 

13 

1 

89 

20 

1 

67 

2 

7 8| 

12 

l i-
87 

10 

5 

90 

13 

10 

61 

7 

5 

88 

18 

82 

12 

935 

12É 

33 

il 

1 

j 

6 

2 

1 

' " " • 4" 

1 

3 

3 

1 

4 

4 

2 

7 
1 

4 

39 

11 

6 

15 

2 

1 
2 

10 

5 

3 

7 

7 

_ 1_ 

16 

4 

2 

25 

1 

4 

, 

27 

13 

4 

5 

1 

8 

5 

13 

2 

1 

[ 

6 

2 

136 

3£ 

17 

GO 

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 

8 

1 

98 

28 

7 

66 

3 

0 

120 

35 

4 

125 

41 

4 

107 

28 

5| 

105 

39 

2 

91 

25 

0 

108 

49 

6 

91 

29 

11 

75 

22 

5 

73 

16 

^5 

63 

1 

95 

2 2| 

1 0 4T 

33 

_4 

80 

19 

3 

82 

22 

85 

"  " 

17 

75 

31 

3 

84 

28 

5 

64 

14 

1 

1 

3 

3 

1 

2 

3 

1 

1_ 

1 

2 

2 

2 

4 

, 

I 

8 

1 

1 

1 

1 

2 

15__ 

2 

15 

5 

1 2r 

2 

_15 

5 

11 

7 

1 

3 

2 

16 

8 

1 

2 

1 

8] 

_3 

3 

100 

35 

8 

1 

14 

2 

125 

40 

0 

I 

9 

7 

2 

1 

2 

7 

7 

2 

6 

6 

n 
3 

1 

10 

8 

1 

1 

T 

9 

9 

1 

4 

6 

2 

3 

1 

3 

2 

77 

41 
JO 

57 

14 

_ _ _0 

90 

_.___66 

5 

96 

85 

17 

86 

53 

9 

90 

49 

8 

70 

_ _ 4 7_ 

12 

102 

60 

12 

64 

36 

6 

73 

20 

4 

96 

54 

58_ 

36 

6 

5_1_ 

12 

63 58 
.  2j 

80 

12 

62 

48 

8 

64 

38 

5 

62 

« 

11 

56 

56 

5 

58 

36 

5 

49] 

17 

2 

m 

49 

5 

, __ 

— ~~ 

- __ 

-— 

—— 

5 

1 

1 

1>8 
[ 
15 

0 

I"  2 

82 

6 

8 

f 
J 
3 

3 

105 

1209 

7Z 

Ç. 

352 

44 

987 

244 

21 

32 

18 

4 

121 

38 

5| 

6 
__3 

69 

52 

14 

57 

21 

73 

21 
J 
974 

__I?.2 

546 

89 

496 

61 

3 

1 

32 

8 

2 

80 

19 

6 

42 

1 

59 

3 

J_ 

15 
_7[ 
36 

1 

4 

1 

1 

5 

1 

2 

1 

2 

1 

2 

L-

.  _ 

2 

2 

4 

3 

11 

4 

2 

19 

3 

2 

20 

3 

2 

14 

4 

11 

6 

3 

21 

2 

4 

20 

3 

1 

Decisions 

± 

2 

3 

2 

3 

4 

1 

4 

3 

9 

1 

1 

13 

A 

3 

3 

2 

1 

92 

26 
_J0 
113 

26 

12 

81 

15 

6 

97 

17 

6 

67 

L 

3 

6 

13 

114 

3 

2 

1 

1 

1 

36 

17 

71 

9 

3 

59 

4 

0 

4 

0 

0 

5_ 
1 

12 

3 

9 

1 

115 

22 

4 

2 

0 

0 

2 

0 

0 

77 

15 

2 

1° 

3 

63 

15 

7 

90 

14 

8 

61 

9 

5 

70 

8 

4 

59 
3 
6 

85 

16_ 

13 

66 

6 

3 

47 

1 

98 

15 

4 

65 

11 

2 

143 

28 

10 

67 

1016 

799 

! 

14 

16 

192 

72 

114 

56 

5 

4 

2 

1 

1 

3 

1 

3 

1 

1 

1 

1 

4 

1 

1 

23 

8 

3 

D e r i s i o ns 

10 

3 

10 

1 

9 

4 

2 

7 

2 

13 

4 

2 

4 

16 

9 

2 

"? 

1 

3 

31 

48 

19 

18 

31 

23 

7 

34 

43 

13 

22 

13 

3 

33 

31 

6 

28 

34 

1 

30 

50 

5 

32 

26 

1 

14 

4 

72 

62 

20 

22 

0 

0 

62 

37 

8 

58 

51 

17 

59 

30 

9 

88 

46 

11 

43 

36 

4 

75 

71 

9 

39 

28 

4 

32 

9 

2 

2 

132 

123 

2 

1 

54 

49 

6 

4 

2 

34 

37 

5 

1 

2 90 

284 

0 

0 

8 

4 

6 

6 

2 

7 

3 

1 

6 

4 

5 

1 

9 

3 

2 

2 

1 

1 

5 

8 

1 

1 

69 

61 

1 

0 

0 

47 

14 

1 

1 H2 

4 35 

92 

7 

2 

89 

28 

6 

26 

11 

801 

320 

60 

3 

1 

1 

52 

35 

4 

8 

1 

1 

6 

14 

5 

1 

13 

8 

2 

12 

4 

1 

11 

5 

10 

10 

2 

3 

1 

8 

2 

2 

9 

4 

1 

1 

4 

2 

105 

42 

7 

16 

7 

1 

2 

17 

5 

1 

16 

6 

1 

9 

10 

4 

29 

7 

3 

9 

1 

1 

18 

7 

3 

3 

3 

9 

3 

2 

9 

1 

1 

12 

4 

5 

4 

16 

1 

174 

52 

20 

Decisions 

17 

3 

2 

8 

3 

8 

3 

21 

4 

1 

20 

4 

2 

1 

1 

1 

18 

11 

1 

2 

9 

1 

3 

1 

3 

2 

1 

115 

28 

8 

Table 2.3. 

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 

Art. 169 letter 

Total 

B 
DK 
D 

EL 
E 
F 

IRL 
I 
L 

NL 
P 
UK 

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

778 
76 
42 
53 
65 
91 
63 
59 
70 
66 
54 
63 
76 

Art. 169 letter 
17 
1 
1 
0 
1 
3 
3 
1 
3 
0 
0 
2 
2 

opinions 

413 
30 
3 
43 
45 
33 
42 
27 
70 
30 
20 
52 
18 

after  R.O. 
255 
14 
3 
30 
28 
17 
20 
13 
43 
21 
14 
40 
12 

after  R.O. 
150 
16 
0 
13 
17 
16 
20 
12 
23 
9 
6 
12 
6 

after  referrals 
22 
3 
0 
4 
2 
4 
3 
1 
4 
0 
0 
1 
0 

114 
13 
0 
8 
15 
13 
15 
12 
16 
9 
5 
7 
1 

51 
2 
0 
3 
6 
5 
12 
3 
6 
6 
2 
6 
0 

Commission 
41 
8 
0 
1 
7 
4 
0 
a 
6 
3 
3 
0 
1 

Member  States 
4 
0 
0 
2 
1 
0 
0 
0 
1 
0 
'0 
0 
0 

45 
8 
0 
3 
8 
4 
0 
8 
7 
3 
3 
0-
1 

Table 2.4. 

Established infringements 
- Trend by Member State and year case commenced 

1993 

&o 

Cases 

Term,  after 

In motion  after 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

Art. 169 letter 
776 
62 
61 
74 
57 
69 
65 
56 
55 
64 
59 
76 
78 

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

Art. 169 letter 
35 
6 
0 
2 
2 
3 
5 
2 
7 
0 
1 
3 
4 

Total 

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

opinions 

392 
30 
5 
43 
65 
34 
35 
32 
44 
27 
14 
47 
16 

after  R.O. 
258 
15 
5 
27 
46 
19 
20 
22 
27 
23 
12 
30 
12 

after  R.O. 
133 
15 
0 
16 
19 
15 
14 
10 
17 
4 
2 
17 
4 

after  referrals 
23 
4 
0 
3 
3 
2 
2 
0 
6 
0 
0 
3 
0 

96 
11 
0 
12 
15 
12 
8 
8 
14 
4 
1 
9 
2 

41 
3 
0 
7 
6 
4 
2 
4 
3 
3 
1 
6 
2 

Commission 
32 
4 
0 
2 
6 
6 
4 
4 
5 
1 
0 
0 
0 

35 
4 
0 
2 
6 
8 
5 
4 
5 
1 
0 
0 
0 

Member  States 
3 
0 
0 
0 
0 
2 
1 
0 
0 
0 

1 

0 
0 
0 

Table 2.5. 

Established infringements 
- Trend by Member State and year case commenced 

1994 

Cases 

Term,  after 

Iu motion  after 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

Art. 169 letter 

Total 

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

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

557 
31 
52 
40 
40 
45 
54 
46 
45 
42 
61 
55 
46 

Art. 169 letter 
87 
10 
0 
10 
11 
10 
15 
3 
6 
4 
4 
7 
7 

opinions 

328 
37 
5 
40 
43 
30 
22 
20 
52 
18 
9 
33 
19 

after  R.O. 
165 
13 
5 
18 
27 
17 
8 
10 
18 
12 
6 
17 
14 

after  R.O. 
163 
24 
0 
22 
16 
13 
14 
10 
34 
6 
3 
16 
5 

after  referrals 
40 
3 
0 
13 
2 
1 
3 
1 
13 
2 
1 
1 
0 

80 
'  11 
0 
13 
10 
2 
'  9 
8 
19 
2 
1 
5 
0 

32 
6 
0 
0 
6 
1 
6 
7 
2 
0 
0 
4 
0 

Commission 
8 
2 
0 
0 
2 
0 
0 
0 
4 
0 
0 
0 
0 

Member  States 
1 
0 
0 
0 
0 
0 
0 
0 
1 
0 
0 
ô 
0 

9 
2 
0 
0 
2 
0 
0 
0 
5 
0 
0 
0 
0 

Table 2.6. 

Established infringements 
- Trend by Member State and year case commenced 

1995 

Cases 

Term, after 

In motion after 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

CO 
00 

Art. 169 letter 
559 
36 
35 
48 
57 
50 
46 
23 
46 
40 
47 
1 
64 
1 
1 
64 

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

Art. 169 letter 
224 
21 
4 
34 
19 
15 
31 
15 
25 
9 
10 
2 
24 
1 
1 
13 

opinions 
242 
29 
1 
18 
32 
14 
28 
16 
46 
18 
4 
1 
26 
0 
0 
9 

after R.O. 
42 
8 
1 
4 
4 
0 
5 
1 
5 
3 
3 
0 
5 
0 
0 
3 

after R.O. 
200 
21 
0 
14 
28 
14 
23 
15 
41 
15 
1 
1 
21 
0 
0 
6 

Total 

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

S 
UK 

after  referrals 
10 
3 
0 
0 
1 
0 
1 
0 
4 
0 
0 
1 
0 
0 
0 
0 

13 
3 
0 
0 
1 
0 
1 
2 
5 
0 
0 
1 
0 
0 
0 
0 

Commission 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 

Member States 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
•0 
0 
0 
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 
2 
1 
0 
0 
0 
0 
0 
0 
0 

Table 2.7. 

Established  infringements 
- Trend by Member State and year case commenced 

1996 

Cases 

Term,  after 

In motion  after 

Reasoned 

Terminated 

In motion 

Referrals 

In motion 

Withdrawn 

Judgments 

For 

For 

Art. 169 letter 
232 
13 
16 
10 
11 
16 
11 
14 
14 
13 
8 
21 
12 
41 
18 
14 

1142 
72 
22 
62 
58 
59 
88 
43 
75 
39 
32 
132 
54 
290 
69 
47 

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

Art. 169 letter 

opinions 

846 
47 
6 
48 
39 
39 
68 
19 
56 
20 
22 
111 
40 
249 
51 
31 

53 
10 
0 
3 
8 
2 
6 
7 
5 
6 
2 
0 
2 
0 
0 
2 

after  R.O. 
5 
2 
0 
0 
0 
1 
0 
0 
0 
2 
0 
0 
0 
0 
0 
0 

after  R.O. 
48 
8 
0 
3 
8 
1 
6 
7 
5 
4 
2 
0 
2 
0 
0 
2 

0 
0 
0 
0 
0 
0 
0 
\  o 
0 
0 
0 
0 
0 
0 
0 
0 

after  referrals 
0 
0 
0 
0 
0 
0 

•0 
0 
0 
0 
0 
0 
0 
0 
0 
0 

0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 

Commission 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 

0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 

Member  States 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0, 
0 
0 
0 

ANNEX  III 

INFRINGEMENTS OF TREATIES AND REGULATIONS 

140 

ptrnmrnz; 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 

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

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

•• 

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

m&iAft& 

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

ECONOMIC AND FINANCIAL AFFAIRS 

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

COMPETITION 

89/0030 
157E171;  384D0508 
AID FOR IDEALSPUN/BEAULTEU 
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 

91/0751 
157E037;157E030;157E034 
EXCLUSIVE  RIGHTS IN RESPECT OF GAS AND 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 
TERMINATION  DECISION: 96/06/28 

141 

mix 

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 

imiHmtmtm 

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

mwimt 

NUMBER 
LEG.  BASE 
TITLE 

DD.RO 

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 

92/2028 
387R3975 
AIR TRANSPORT (ASSISTANCE  A LA COMMISSION DANS  SES 
ENQUETES) 
DATE REASONED OPINION  SENT:  95/05/18 

92/2035 
368R4056 
SEA TRANSPORT (ASSISTANCE  TO COMMISSION  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 

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 

87/0207 
157E048;368R1612 
NATIONALITY  REQUIREMENT  - POSTS, TELECOMMUNICATIONS  AND 
RADIO-TELEVISION 
DATE REASONED OPINION  SENT:  92/08/06 

42 

NUMBER 
LEG. BASE 

TITLE 

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

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 
DATE  171 LETTER 

88/0364 
157E048;368R1612;371R1408;683J0249;684J0122;683J0261;673J0187;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 

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 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD. JU. 
JU.FOR 

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 

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 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/2017 
157E045;368R1612 
EQUAL TREATMENT  - ACCES A L'EMPLOI. 
CHILDREN OF MIGRANT  WORKERS 
DATE REASONED OPINION  SENT:  93/08/13 
DATE OF REFERRAL:  94/10/13 
C-94/278 
DATE OF JUDGMENT:  96/09/12 
COMMISSION 

DISCRIMINATION  AGAINST 

H: 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD. TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD. TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD. TERM 

^ « J 5 * J V J &,  .  :: 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

87/0282 
157E048;368R1612 
EQUAL TREATMENT - TAX  AVANTAGES 
DATE REASONED OPINION  SENT: 89/03/01 
96/12/10: TERMINATION  DECISION 

89/0116 
368R1612;157E048 
TAXATION OF NON-RESIDENTS 
DATE REASONED OPINION SENT: 92/02/19 
96/06/26: TERMINATION  DECISION 

90/0179 
157E048;368R1612;157E052;157E059 
EQUAL TREATMENT  - TAX  AVANTAGES 
DATE REASONED OPINION SENT: 94/05/04 
96/06/26: TERMINATION  DECISION 

89/5227 
157E048;368R1612 
NATIONALITY DISCRIMINATION IN RESPECT OF EMPLOYMENT  AS 
CELLIST AT THE ATHENS OPERA 
DATE REASONED OPINION SENT: 93/03/03 
DATE OF REFERRAL:  94/10/26 
C-94/290 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD. REF 
CASE 
DD.JU. 
JU.FOR 
DATE  171 LETTER 

90/4816 
157E048; 368R1612 
NATIONALITY DISCRIMINATION  - LANGUAGE  ASSISTANTS 
DATE REASONED OPINION SENT: 93/08/03 
DATE OF REFERRAL: 94/04/27 
C-94/123 
DATE OF JUDGMENT: 95/06/01 
COMMISSION 
DATE-ENVOI-LETTRE  171: 97/01/24 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

91/0583 
368R1612;157E048 
NATIONALITY DISCRIMINATION  - ACCESS TO EMPLOYMENT IN PUBLIC 
ELECTRICITY  COMPANY 
DATE REASONED OPINION SENT: 92/07/13 
DATE OF REFERRAL:  94/10/26 
C-94/290 
DATE OF JUDGMENT: 96/07/02 
COMMISSION 

144 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

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

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

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

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE" 
DD.JU. 
JU.FOR 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU. FOR 

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 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/0585 
157E048;368R1612 
ACCESS TO EMPLOYMENT-PUBLIC  EDUCATION 
DATE REASONED OPINION SENT: 92/07/13 
DATE OF REFERRAL:  94/10/26 
C-94/290 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/0586 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - SEA AND AIR TRANSPORT 
DATE REASONED OPINION SENT: 92/07/13 
DATE OF REFERRAL:  94/10/26 
C-94/290 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/0587 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - SURFACE  TRANSPORT 
DATE REASONED OPINION SENT: 92/07/13 
DATE OF REFERRAL:  94/10/26 
C-94/290 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/0588 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - CIVILAN  RESEARCH 
DATE REASONED OPINION  SENT: 92/07/13 
DATE OF REFERRAL:  94/10/26 
C-94/290 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/0589 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - POSTS, TELECOMMUNICATIONS  AND 
RADIO-TELEVISION 
DATE REASONED OPINION  SENT: 92/07/13 
DATE OF REFERRAL:  94/10/26 
C-94/290 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

145 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DE.  SAIS 
CASE 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD. TERM 

mANCS 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD. TERM 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 

WSSSK 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.  TERM 

91/4957 
157E048 
PERIOD WORKED IN OTHER MEMBER  STATES 
SENIORITY 
DATE REASONED OPINION SENT: 95/05/18 
DATE OF REFERRAL:  96/06/04 
C-96/187 

CALCULATION  OF 

92/4760 
157E048;157E052;157E059;368R1612 
NATIONALITY DISCRIMINATION  - STATUS OF FAMILLE  NOMBREUSE 
DATE REASONED OPINION  SENT: 95/05/18 
DATE OF REFERRAL:  96/06/03 
C-96/185 

93/4236 
157E048 
ACCESS TO EMPLOYMENT AND TERMS OF EMPLOYMENT  OF 
SPECIALIST DOCTORS 
DATE REASONED OPINION SENT: 95/06/19 
96/06/26: TERMINATION  DECISION 

90/0284 
157E048;368R1612;157E005 
ACCESS TO EMPLOYMENT ON BOARD  SHIP 
DATE REASONED OPINION  SENT:  91/04/17 

91/0233 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - SEA AND INLAND WATERWAY  TRANSPORT 
DATE REASONED OPINION  SENT: 92/08/06 

91/2373 
368R1612 
REFUSAL TO GRANT EDUCATION  ALLOWANCE 
DATE REASONED OPINION  SENT: 94/08/04 
96/12/10: TERMINATION  DECISION 

93/4403 
368R1612 
CALCULATION  OF SUPPLEMENTARY RETIREMENT PENSION FOR 
FRONTIER  WORKERS 
DATE REASONED OPINION  SENT:  95/07/28 

87/0212 
157E048;368R1612 
NATIONALITY  REQUIREMENT  FOR ACCESS TO EMPLOYMENT  IN 
VARIOUS PUBLIC  INSTITUTES 
DATE REASONED OPINION  SENT: 92/11/09 
96/12/10: TERMINATION  DECISION 

146 

NUMBER 
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DD.RO 
DD.TERM 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.TERM 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD. TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD. TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.  TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD. TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.  Rb 
DD.  TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.  TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.  TERM 

87/0213 
157E048;368R1612 
NATIONALITY REQUIREMENT FOR ACCESS TO EMPLOYMENT  IN 
PUBLIC EDUCATION 
DATE REASONED OPINION  SENT: 92/10/15 
96/12/10: TERMINATION  DECISION 

91/0576 
368R1612;157E048 
NATIONALITY DISCRIMINATION  - ACCESS TO EMPLOYMENT  IN PUBLIC 
GAS AND WATER  COMPANIES 
DATE REASONED OPINION  SENT: 92/10/15 
96/12/10: TERMINATION  DECISION 

91/0577 
157E048;368R1612 
ACCESS TO EMPLOYMENT - POSTS, TELECOMMUNICATIONS  and 
RADIO-TELEVISION 
DATE REASONED OPINION  SENT: 92/10/15 
96/12/10: TERMINATION  DECISION 

91/0578 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - AIR TRANSPORTS 
DATE REASONED OPINION  SENT: 92/10/15 
96/12/10: TERMINATION  DECISION 

91/0579 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - CIVILIAN  RESEARCH 
DATE REASONED OPINION  SENT: 92/10/15 
96/12/10: TERMINATION  DECISION 

91/0580 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - URBAN AND REGIONAL  TRANSPORT 
DATE REASONED OPINION  SENT: 92/10/15 
96/12/10: TERMINATION  DECISION 

91/0581 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - SEA AND INLAND  WATERWAY 
DATE REASONED OPINION  SENT: 92/11/09 
96/12/10: TERMINATION  DECISION 

91/0582 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - PUBLIC HEALTH 
DATE REASONED OPINION  SENT: 92/10/15 
96/12/10: TERMINATION  DECISION 

92/4660 
368R1612;157E048 
CONDITIONS OF EMPLOYMENT OF TEACHERS 
DATE REASONED OPINION SENT: 93/12/31 
96/10/16: TERMINATION  DECISION 

147 

NUMBER 
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DD.REF 
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DD.JU. 
JU.FOR 

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

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

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

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

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

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 

91/0222 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - SURFACE TRANSPORT 
DATE ART.  171 LETTER SENT: 92/07/14 
DATE OF REFERRAL:  93/12/17 
C-93/473 
DATE OF JUDGMENT: 96/07/02 
COMMISSION 

91/0223 
157E048;368R1612 
ACCESS TO EMPLOYMENT  - CIVILIAN RESEARCH 
DATE REASONED OPINION  SENT: 92/07/14 
DATE OF REFERRAL:  93/12/17 
C-93/473 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/0224 
157E048;368R1612 
ACCESS TO EMPLOYMENT - PUBLIC  EDUCATION 
DATE REASONED OPINION  SENT: 92/07/14 
DATE OF REFERRAL:  93/12/17 
C-93/473 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/0225 
157E048;368R1612; 
ACCESS TO EMPLOYMENT  - POSTS AND  TELECOMMUNICATIONS 
DATE REASONED OPINION  SENT: 92/07/14 
DATE OF REFERRAL:  93/12/17 
C-93/473 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

91/0226 
157E048;368R1612; 
ACCESS TO EMPLOYMENT - DISTRIBUTION OF WATER, GAS AND 
ELECTRICITY 
DATE REASONED OPINION SENT: 92/07/14 
DATE OF REFERRAL:  93/12/17 
C-93/473 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

48 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.  RO 

-^fttatouyr; 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.  TERM 

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

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

91/0228 
368R1612;157E048 
NATIONALITY DISCRIMINATION  - ACCESS TO EMPLOYMENT  IN PUBLIC 
HOSPITALS 
DATE REASONED OPINION  SENT: 92/07/14 
DATE OF REFERRAL:  93/12/17 
C-93/473 
DATE OF JUDGMENT:  96/07/02 
COMMISSION 

92/2247 
157E048;368R1612 
NATIONALITY DISCRIMINATION  - UNIVERSITY  EDUCATION 
DATE REASONED OPINION  SENT: 95/11/14 

94/4092 
157E005; 157E048; 157E051 
DISSOLUTION OF GIBRALTAR PENSION FUND 
DATE REASONED OPINION  SENT: 95/10/31 

AGRICULTURE 

90/5328 
387R0823;387R3929;157E040 
MAXIMUM YIELD PER HECTARE IN WINE-GROWING  -. PRIVILEGES of 
COOPERATIVES  (R) 
DATE REASONED OPINION SENT:  95/07/03 
96/12/10: TERMINATION  DECISION 

93/2097 
157E030;391L0497 
BARRIERS TO IMPORTS OF BOARS FROM DENMARK 
DATE REASONED OPINION  SENT:  94/10/0 
DATE OF REFERRAL:  96/03/27 
C-96/102 

85/010 
380R1837;382R0019;383R0020;157E113;157E030;157E171 
PRICES OF SHEEP AND GOATS IMPORTED FROM HUNGARY 
DATE REASONED OPINION  SENT: 86/02/25 
DATE OF REFERRAL:  87/04/15 
C-87/127 

149 

NUMBER 
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TITLE 
DD.RO 

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

wÊÊÊËm 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

ITALY 

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 

92/4664 
391R1697;368R0804 
DEFINITIVE  ABANDONMENT OF MELK 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 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 

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 
DATE OF REFERRAL:  95/10/17 
C-95/327 

92/2141 
390R1186 
CLASSIFICATION OF ADULT BOVINE  CARCASES 
DATE REASONED OPINION  SENT: 95/01/20 
DATE OF REFERRAL: 95/10/17 
C-95/328 

94/4123 
384R0857 
APPLICATION OF MILK QUOTAS 3- PROBLEMS OF  CENTRALIZED 
MANAGEMENT 
DATE REASONED OPINION  SENT: 96/05/20 
DATE OF REFERRAL:  95/10/17 

150 

*iqÊâimJtàt&OÊt 

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LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 
DD.  TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.  TERM 

WÊBm® 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 

pjm&aœ:: 

NUMBER 
LEG. BASE 
TITLE 
DD. RO 

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 
96/12/10: TERMINATION  DECISION 

92/2209 
368R0804;387R1898; 388D0566. 
NON - CONFORMITY  OF DESIGNATION  "SOYA - MILK" 
DATE REASONED OPINION SENT: 93/05/11 
96/12/10: TERMINATION  DECISION 

TRANSPORTS 

90/0354 
157E007; 157E048; 157E052; 157E058 
MERCHANT VESSELS - FLAG RIGHTS 
DATE REASONED OPINION  SENT: 93/06/04 

91/0600 
386R4055 
CARGO-SHARING  ARRANGEMENTS  IN BLEU-TOGO  AGREEMENT 
DATE REASONED OPINION SENT: 93/10/11 
DATE REASONED OPINION  SENT BIS: 96/01/26 

91/0601 
386R4055 
CARGO-SHARING  ARRANGEMENTS IN AGREEMENT  WITH ZAIRE 
DATE REASONED OPINION SENT: 93/10/1 

93/2101 
386R4055 
CARGO-SHARING  AGREEMENTS WITH NON-MEMBER  CONTRIES 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 

151 

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

liiiilïï 
NUMBER 
LEG. BASE 
TITLE 

DD.RO 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 

ftNMggr: 

NUMBER 
LEG. BASE 
TITLE 
DD. RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 
DD.  TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD. TERM 

& & £ && 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

DD.REF 
CASE 

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 
DATE OF JUDGMENT:  96/03/07 
COMMISSION 
96/06/26: TERMINATION  DECISION 

93/2099 
386R4055 
RESERVATION OF FRENCH FLAG RIGHTS FOR TRANSPORT OF COAL 
DATE REASONED OPINION  SENT:  95/06/26 
96/12/10: TERMINATION  DECISION 

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 
DATE OF REFERRAL.  96/05/06 
C-96/151 

152 

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 

91/2148 
157E007;157E048;157E052;157E058;157E221 
MERCHANT VESSELS - FLAG RIGHTS 
DATE REASONED OPINION SENT: 93/06/30 
DATE-ENVOI-AVIS MOTIVE-BIS: 96/02/23 

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 

Ii 

90/0358 
157E007; 157E048; 157E0S2; 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 

IMHHI 
NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU. FOR 
DATE  171 LETTER 
DATERO  171 
DD.  REF 2 
CASE 2 
DD.  JU. 2 
JU. FOR 2 

COMMUNITY  STAFF 

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 

153 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

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

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

GERMANY 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.  TERM 

wÉÊmmm 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

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 
TRANSFERS OF PENSION RIGHTS 
DATE REASONED OPINION SENT:  93/12/13 
DATE OF REFERRAL:  96/01/21 
C-96/052 

93/2297 
165FPRI;165FPRO 
RESIDENCE  PERMITS 
DATE REASONED OPINION SENT: 96/09/13 

ENVIRONMENT 

91/0216 
382R3626; 
TRADE IN ENDANGERED  SPECIES 
DATE REASONED OPINION SENT: 93/03/31 
96/12/10: TERMINATION  DECISION 

FISHERIES 

90/0248 
157E007;157E034;157E048;157E052;157E058;381R3796;383R0170 
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 

154 

NUMBER 
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TITLE 
DD.RO 
DD.REF 
CASE 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

90/0328 
157E007;157E048;157E052;157E058;157E221;383R0170 
FISHING VESSELS - LICENSING AND FLAG RIGHTS 
DATE REASONED OPINION SENT: 93/07/27 
DATE OF REFERRAL:  96/03/07 
C-96/062 

88/0356 
382R2057;387R2241; 
DUTY TO COOPERATE  - FISHERIES INSPECTION AND  MONITORING 
DATE REASONED OPINION  SENT: 89/11/20 

NUMBER 
LEG. BASE 
TITLE 

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

84/0445 
382R2057;383R0171;157E171 
FAILURE TO MONITOR COMPLIANCE  WITH TECHNICAL 
CONSERVATION  MEASURES 
DATE REASONED OPINION  SENT: 86/11/18 
DATE OF REFERRAL:  88/02/29 
C-88/064 
DATE OF JUDGMENT: 91/06/11 
COMMISSION 
DATE  ART.  171 LETTER SENT: 93/10/11 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 
DD.  TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 
DD.  TERM 

90/0249 
157E007;157E048;157E052;157E058;157E221;157E171;368R1612:383R0170 
FISHING VESSELS - LICENSING AND FLAG RIGHTS 
DATE REASONED OPINION  SENT:  93/10/18 
DATE OF REFERRAL: 94/12/22 
C-94/334 
DATE OF JUDGMENT:  96/03/07 
COMMISSION 
96/06/26: TERMINATION  DECISION 

90/0418 
387R3977;383R0170;387R2241 ; 
FAILURE TO INSPECT - OVERFISHING  1988 
DATE REASONED OPINION  SENT: 92/09/29 

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 OF JUDGMENT:  95/12/07 
COMMISSION 
96/12/10: TERMINATION  DECISION 

155 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

DD. TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

mrm&mm&QM 

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 
96/07/24: TERMINATION  DECISION 

90/0332 
157E007;157E048;157E052;157E058;157E221;383R0170 
FISHING VESSELS - LICENSING AND FLAG RIGHTS 
DATE REASONED OPINION  SENT: 93/03/11 
DATE REASONED OPINION  SENT-BIS: 94/08/04 

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 
DD.JU. 
JU.FOR 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

87/0398 
385R3721;385R3732;383R0170;382R2057; 
OVERFISHING  1985-86 
DATE REASONED OPINION  SENT: 89/02/09 
DATE REASONED OPINION  SENT-BIS: 92/10/01 

91/0637 
383R0170;387R2241;387R3977;388R4194; 
FAILURE TO INSPECT - OVERFISHING  1988 
DATE REASONED OPINION  SENT:  96/04/17 

INTERNAL MARKET AND FINANCIAL  SERVICES 

82/0316 
157E030 
REFUSAL TO ISSUE IMPORT LICENCES FOR  CODEINE 
DATE REASONED OPINION  SENT:  83/09/19 

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 
DATE OF JUDGMENT:  94/03/24 
COMMISSION 

89/4822 
157E030 
TELEVISION  ADVERTISING 
DATE REASONED OPINION SENT:  95/09/28 

156 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.TERM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

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 
DD.REF 
CASE 
DD.JU. 
JU. FOR 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU. FOR 

91/0209 
157E052;157E067 
DISCRIMINATORY  TAXATION OF PERMANENT ETABLISHMENTS  OF 
FOREIGN  COMPANIES 
DATE REASONED OPINION SENT: 93/09/16 
96/06/26: TERMINATION  DECISION 

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 
96/06/26: TERMINATION  DECISION 

89/0082 
157E030 
DISCRIMINATION  AGAINST IMPORTS OF FRUIT AND  VEGETABLES 
DATE REASONED OPINION  SENT: 94/07/15 
96/04/03: TERMINATION  DECISION 

91/4782 
157E030 
"ADVOCAAT" EGG-BASED LIQUEUR - OBLIGATION TO SPECIFY USE OF 
BETA-CAROTENE  ON LABELS 
DATE REASONED OPINION  SENT: 96/07/10 

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 

85/0264 
157E052;157E059 
NATIONALITY REQUIREMENT FOR ACCESS TO OCCUPATION  OF 
AVOCATE 
DATE REASONED OPINION  SENT: 86/05/14 
DATE OF REFERRAL:  87/02/05 
C-87/038 
DATE OF JUDGMENT:  88/07/14 
COMMISSION 

157 

NUMBER 
LEG. BASE 
TITLE 

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

NUMBER 
LEG. BASE 
TITLE 
DATE  171 LETTER 
ENVOI AM-171 
DD. REF2 
CASE2 
DD. JU.2 
JU.FOR2 
DE.171 

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

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 

HI 
NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
.DD. REF DEC 
DD.REF 
CASE 
DD.JU. 
JU. FOR 

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 

89/0165 
157E052;157E059;157E171 
NATIONALITY REQUIREMENT FOR OPENING PRIVATE  SCHOOLS 
DATE ART.  171 LETTER SENT: 89/05/26 
DATE ART.  171 REASONED OPINION SENT: 90/01/22 
DATEOFREFERRAL171:  90/10/24 
C-90/328 
DATE OF JUDGMENT-171:  92/01/30 
COMMISSION 
DATE ART.  171 LETTER  SENT: 96/04/03 

89/0354 
157E030;  157E036; 
SALE OF BABY FOODS EXCLUSIVELY THORUGH  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 

89/4709 
157E030 
ASSAY MARKS FOR OBJECTS IN PRECIOUS METALS 
DATE REASONED OPINION  SENT: 96/06/14 

90/0388 
157E005;157E048:157E052;157E059 
RESTRICTIONS ON FREEDOM TO PROVIDE  SERVICES AS TOURIST 
GUIDES 
DATE REASONED OPINION  SENT:  91/10/14 
DATE OF REFERRAL DECISION:  92/06/10: PV(92)1109 
DATE OF REFERRAL:  92/10/01 
C-92/375 
DATE OF JUDGMENT:  94/03/22 
COMMISSION 

158 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 

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

NUMBER 
LEG. BASE 
TITLE 

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

NUMBER 
LEG. BASE 
TITLE 

DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DE.  SAIS 
CASE 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 

94/4103 
157E048;  157E052;  157E059 
EXERCISE OF ACTIVITIES IN SECURITY  SERVICES 
DATE REASONED OPINION SENT: 96/06/11 

85/0269 
157E030 
REFUSAL TO ISSUE IMPORT LICENCES FOR  CODEINE 
DATE REASONED OPINION SENT: 87/11/12 

85/0499 
380D1186;386D0283;157E171;391D0482 
REFUSAL TO GRANT RIGHT 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 

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 

91/0555 
157E030 
REQUIREMENT OF A HALLMARK ON IMPORTED OBJECTS OF PRECIOUS 
METALS 
DATE REASONED OPINION  SENT: 96/07/10 

93/2222 
157E030;157E036 
PREPARATIONS BASED ON FOIE  GRAS 
DATE REASONED OPINION  SENT:  94/10/14 
DATE OF REFERRAL: 96/05/31 
C-96/184 

93/2261 
157E030;157E036 
BARRIERS TO IMPORTS OF LEAVENED  BREAD 
DATE REASONED OPINION  SENT:  94/10/19 

94/4855 
157E059; 157E171; 
DISTRIBUTION OF ALCOHOLIC BEVERAGES  IMPORTED FROM OTHER 
MEMBER  STATES 
DATE REASONED OPINION  SENT: 96/11/21 

159 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

89/0335 
157E030; 
TOBACCO PROCE RULES 
DATE REASONED OPINION  SENT: 90/07/12 

92/2085 
157E030 
IMPORTED OBJECTS OF PRECIOUS METALS 
DATE REASONED OPINION  SENT: 96/11/11 

NUMBER 
LEG. BASE 
TITLE 

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

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 
C-89/180 
DATE OF JUDGMENT:  91/02/26 
COMMISSION 
DATE ART.  171 LETTER SENT: 95/07/05 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

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

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

89/0534 
157E030; 157E036;377L0094 
PROCEDURE FOR AUTHORIZING DIETARY  PRODUCTS 
DATE REASONED OPINION  SENT: 91/11/25 

90/0397 
157E030 
MARKETING OF WHOLE-MEAM  BREAD 
DATE REASONED OPINION  SENT: 91/03/18 

91/0835 
157E052;157E059 
FINANCIAL  SERVICES -  1NTERMEDL4Z10NEMOBIUARE 
DATE REASONED OPINION  SENT:  92/10/19 
DATE OF REFERRAL:  94/03/23 
C-94/101 
DATE OF JUDGMENT:  96/06/06 
COMMISSION 

91/2159 
157E030; 
SUBSIDIES FOR SCHEDULED BUS  SERVICES 
DATE REASONED OPINION  SENT: 93/10/18 
DATE REASONED OPINION  SENT-BIS: 95/10/04 

91/4303 
157E030; 
SUPPLY  CONTRACTS 
DATE REASONED OPINION  SENT: 93/06/18 
DATE REASONED OPINION SENT-BIS: 96/07/02 

160 

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 

WÊÊÊKÊÊÊM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 
DATE  171 LETTER 

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

pmmtm 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

92/2116 
157E030 
IMPORTS OF OBJECTS OF PRECIOUS METALS 
DATE REASONED OPINION SENT:  96/03/08 

92/4131 
157E005;  157E048;  157E052 
PUBLISHING; PRESS REGISTER - NATIONALITY  DISCRIMINATION 
DATE REASONED OPINION  SENT: 96/01/05 

.93/4698 
157E030;  157E036 
BARRIERS TO MARKETING OF DIETARY PRODUCTS FOR  SPORTSMEN 
DATE REASONED OPINION  SENT: 96/09/04 

94/2146 
157E059 
LEGISLATIVE BARRIERS TO FREEDOM TO PROVIDE  CLEANING 
SERVICES 
DATE REASONED OPINION  SENT: 96/03/12 

95/2028 
157E059 
MORTGAGE REGISTRATION  CHARGES 
DATE REASONED OPINION SENT: 96/06/26 

89/0106 
157E048U57E052 
REFUSAL OF PERMISSION TO OPEN A SECOND DENTAL  SURGERY 
DATE REASONED OPINION SENT: 89/11/21 
DATE OF REFERRAL:  90/11/29 
C-90/351 
DATE OF JUDGMENT:  92/06/16 
COMMISSION 
DATE ART.  171 LETTER  SENT:  93/07/27 

89/0568 
157E007 
STATE COMPENSATION OF VICTIMS OF ACTS OF VIOLENCE 
DATE REASONED OPINION  SENT: 91/02/08 
DATE OF REFERRAL:  92/03/24 
C-92/096 

91/2314 
157E052;157E221 
PURSUIT OF ACTIVITIES IN TELEVISION  BROADCASTING 
DATE REASONED OPINION  SENT: 94/07/14 

161 

,2«Ai3Pm 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TOTE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

cmmNY 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

WÊtmwm 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.  TERM 

m^Msm 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

82/0320 
157E030 
REFUSAL TO ISSUE IMPORT LICENCES FOR  CODEINE 
DATE REASONED OPINION SENT: 83/09/06 

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 

BUDGETS 

95/2126 
390R2252 
DUTCH BUTTER 
DATE REASONED OPINION SENT: 96/10/30 

CUSTOMS AND INDIRECT TAXATION 

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 
TERMINATION  DECISION:  96/06/26 

84/0343 
157E009:157E028;368R0950 
DUTY-FREE  IMPORTS OF NON-MILITARY  EQUIPMENT 
DATE REASONED OPINION  SENT: 85/07/25 

62 

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

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

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

$H$W 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

¥ft:*W?W*-:S 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 

91/0559 
385R1999;386R3677; 
INWARD PROCESSING 
DATE REASONED OPINION  SENT: 93/02/03 
DATE OF REFERRAL:  94/02/14 
C-94/076 
DATE OF JUDGMENT:  96/09/10 
COMMISSION 

86/0126 
157E009 ;  157E028 ; 368R0950 
DUTY-FREE IMPORTS OF NON-MILITARY  EQUIPMENT 
DATE REASONED OPINION  SENT: 90/05/02 

91/0779 
157E095; 
TAXES ON SECOND-HAND  CARS 
DATE REASONED OPINION SENT: 93/09/07 
DATE OF REFERRAL:  95/12/01 
C-95/375 

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'  TELEGRAMME  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 

163 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 
DATE  171 LETTER 

90/0253 
157E007;157E030;157E034;157E059;385R3632;377R0222 
MONOPOLY AND CHARGES OF CUSTOMS FORWARDING  AGENTS 
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 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

WÊÊmÊÊÊKÊà 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

mriiÊ&LÀNM 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

jft30TO&*£ 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

wtt8&&mmf 

NUMBER 
LEG. BASE 
TITLE 

DD.RO 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 

93/2170 
157E095 
VEHICLE SIEZED AT ITALIAN BORDER 
DATE REASONED OPINION SENT: 95/07/27 

95/0332 
394L0076 
VAT - TRANSITIONAL  MEASURES 
DATE REASONED OPINION SENT: 96/07/03 

84/0346 
157E009;157E028;368R0950 
DUTY-FREE IMPORTS OF NON-MILITARY  EQUIPMENT 
DATE REASONED OPINION  SENT:  85/07/25 

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 

84/0126 
377R1535 
CIVIL AIRCRAFT IMPORTED DUTY-FREE  AND 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 

164 

ENTREPRISE POLICY, COMMERCE, TOURISM AND COOPERATIVES 

NUMBER 
LEG. BASE 
TITLE 
DD.RO 
DD.REF 
CASE 
DD.JU. 
JU.FOR 
DE.171 

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 
DATE ART. 171 LETTER SENT: 96/11/26 

*  *  * 

165 

ANNEX IV 

REPORT ON THE APPLICATION OF DIRECTIVES 

166 

CONTENTS 

167 

CONTENTS 

1. 

AN AREA WITHOUT INTERNAL  FRONTIERS 

REMOVAL OF PHYSICAL BARRIERS 

Customs Union 

REMOVAL OF TECHNICAL BARRIERS 

Goods 

Information  procedure in the field of teclinical rules and standards 

Foodstuffs 

Pharmaceutical products 

Chemicals 

Motor vehicles, tractors and motorcycles 

Construction products 

Machinery 

Free movement - special arrangements 

Liability for defective  products 

Persons 

Right of residence 

Voting 

rights 

168 

171 

171 

171 

172 

172 

172 

174 

188 

194 

202 

226 

227 

242 

243 

244 

244 

245 

Recognition of qualifications 

Independent commercial agents 

Services 

Audiovisual media 

Telecommunications 

Financial services 

Company iaw 

: 

Intellectual  and industrial  property 

, 

Public procurement 

REMOVAL OF TAX BARRIERS 

Corporate taxation 

Indirect taxes 

2. 

CONSUMER  PROTECTION AND PRODUCT SAFETY 

3. 

COMPETITION 

4. 

SOCIAL POLICY 

5. 

AGRICULTURE 

169 

246 

256 

257 

257 

257 

259 

268 

271 

273 

277 

277 

278 

286 

295 

297 

309 

6. 

7. 

8. 

ENVIRONMENT 

TRANSPORT 

ENERGY 

393 

424 

434 

170 

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 

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 

71 

REMOVAL OF TECHNICAL BARRIERS 

-  Goods 

Information  procedure in the field of technical  rules and standards 

83/0189 
Technical standards (amended by Directive 88/0182 and 94/0010) 
Member  States which have notified  implementing measures: all 

Belgium 
Belgium 

Belgium 
Belgium 
Belgium 
Germany 
Germany 
Germany 
France 
France 
Greece 
Italy 

Italy 

Italy 
Italy 
Italy 

Italy 
Italy 

Austria 
Austria 
Austria 
Netherlands 

Netherlands 

95/0009, not properly applied, reasoned opinion in 1995 
95/0211, not properly applied, reasoned opinion in 1995, referral 
scheduled 
95/0650, not properly applied, reasoned opinion to be sent 
96/0224, not properly applied, reasoned opinion to be sent 
96/0228, not properly applied, reasoned opinion to be sent 
92/0956, not properly applied, reasoned opinion in 1995 
92/0666, not properly applied, reasoned opinion to be sent 
92/0670, not properly applied, reasoned opinion to be sent 
94/0441, not properly applied, reasoned opinion in 1995 
95/0645, not properly applied, reasoned opinion in 1996 
93/0508, not properly applied, reasoned opinion in 1995 
92/0007, not properly applied, reasoned opinion in 1992, 
referral  in  1994 - Case C-94/289, judgment in 1996 
92/0958, not properly applied, reasoned opinion in 1993, 
referral  in  1994 - Case  C-94/279 
94/0329, not properly applied, reasoned opinion to be sent 
94/0330, not properly applied, reasoned opinion in 1995 
94/0530, not properly applied, reasoned opinion in 1994, referral 
scheduled 
95/0005, not properly applied, reasoned opinion in 1995 
95/0011, not properly applied, reasoned opinion in  1995, to be 
terminated 
96/0219, not properly applied, reasoned opinion to be sent 
96/0220, not properly applied, reasoned opinion to be sent 
96/0222, not properly applied, reasoned opinion to be sent 
89/0549, not properly applied, referral  in  1993 - Case C-93/061, 
judgment in 1994 
93/0510, not properly applied, reasoned opinion in 1994, to be 
terminated 

172 

Netherlands 
Netherlands 

-  94/0461, not properly applied, reasoned opinion in 1995 
-  94/0777, not properly applied, reasoned opinion in 1994, to be 

Netherlands 

-  95/0665, not properly applied, reasoned opinion to be sent 

terminated 

88/0182 
Technical standards (amending Directive 83/0189) 
Member States which have notified implementing measures: all 

Italy 
Italy 
Netherlands 

Netherlands 
Italy 
Netherlands 

-  91/0565, not properly applied, referral in 1994 - Case C-94/289 
-  92/0646, not properly applied, reasoned opinion in 1993 
-  91/0747, not properly applied, referral in 1993 - Case C-93/052, 

judgment in 1994 

-  91/2328, not properly applied, referral in 1994 - Case C-94/273 
-  93/0614, not properly applied, referral in 1995, Case C-95/289 
-  93/2267, not properly applied, reasoned opinion in 1994 

94/0010 
Technical standards (Amendment to Directive 83/189) 
Member States which have notified implementing measures: all 

173 

Foodstuffs 

73/0241 
Cocoa and chocolate 
Member States which have notified  implementing measures: all 

73/0437 
Sugars 
Member States which have notified  implementing measures: all 

74/0409 
Honey 
Member States which have notified implementing measures: all 

Italy 

-  91/42435, not properly applied, reasoned opinion in 1996 

75/0726 
Faiit juices 
Member States which have notified  implementing measures: all 

76/0118 
Preserved milk 
Member  States which have notified  implementing measures: all except A 

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 

174 

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 
Greece 

-  95/4134, not properly applied, Art.  169 letter (to be sent) 
-  93/4345, not properly applied, Art.  169 letter in 1995, suppl. Art. 

169 letter (to be sent) 

79/0168 
Fruit juices 
Member  States which have notified  implementing measures: all 

79/0693 
Jams, jellies and marmalades 
Member  States which have notified  implementing measures: all 

79/0796 
Sugars 
Member  States which have notified  implementing measures: all 

79/1066 
Coffee  and chicory 
Member  States which have notified  implementing measures: all 

175 

79/1067 
Preserved milk 
Member States which have notified  implementing measures: all 

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 except FIN 

81/0432 
Foodstuffs  for human consumption - materials intended to come into contact 
Member States which have notified  implementing measures: all 

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 

176 

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 

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 

86/0424 
Caseins 
Member  States which have notified  implementing measures: all 

Netherlands 

-  95/2309, not properly applied, Art.  169 letter (to be sent) 

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. 

77 

88/0388 
Flavourings for use in foodstuffs  for human consumption 
Member States which have notified  implementing measures: all 

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 

Netherlands 

-  93/2274, not properly applied 

89/0108 
Quick-frozen  foodstuffs 
Member States which have notified  implementing measures: all 

89/0109 
Foodstuffs  for human consumption - materials intended to come into contact 
Member States which have notified  implementing measures: all 

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. 

178 

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. 

90/0612 
Foodstuffs  for human consumption - additives 
Member States which have notified  implementing measures: all except S 

91/0071  » 
Foodstuffs  for human consumption  - flavourings (deadlines for transposai: 30.06.92 and 
01.01.94)  . 
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. 

179 

91/0238 
Labelling of foodstuffs  - indication of lot 
Member States which have notified  implementing measures: all 

91/0321 
Infant formulae  (deadlines for transposai: 01.06.92 and 01.06.94) 
Member States which have notified implementing measures: all 

Germany 

-  93/808, no measures notified,  reasoned opinion in 1996 

(to be terminated in 1997) 

92/0001 
Quick-frozen  foodstuffs 
Member  States which have notified  implementing measures: B, D, DK, EL, E, FIN, I, IRL, L. 

NL, A, P, S, UK. 

France 

Ireland 

-  93/0923, no measures notified,  Art.  169 letter in  1993, reasoned 

opinion to be sent 

-  93/0934, no measures notified,  Art.  169 letter in 1993 

(to be terminated in  1997) 

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, E, FIN, I, IRL, L, 

NL, A, P, S, UK. 

France 

Ireland 

-  93/0924, no measures notified,  Art.  169 letter in  1993, reasoned 

opinion to be sent 

-  93/0935, no measures notified,  Ait.  169 letter in 1993 

(to be terminated in  1997) 

92/0004 
Criteria of purity for emulsifiers,  stabilizers, thickeners and gelling agents for use in  foodstuffs 
Member States which have notified  implementing measures: all. 

180 

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. 

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, 
reasoned opinion in  1995, (to be terminated in 1997) 

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. 

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 

Greece 

-  94/0991, no measures notified,  Art.  169 letter in 1995, temiinated in 

1996 

181 

93/0011 
N-nitrosamines in rubber teats and soothers 
Member States which have notified implementing measures: all 

93/0043 
Hygiene of  foodstuffs 
Member States which have notified  implementing measures: DK, E, FIN, NL, A, P, S, UK 

reasoned opinion in 1996 
reasoned opinion in 1996 
Art.  169 letter in 1996, terminated in 

Belgium 
Germany 
Denmark 

Ireland 
Greece 
France 
Italy 
Luxembourg 
Portugal 

United  Kingdom 

96/0002, no measures  notified, 
96/0035, no measures  notified, 
96/0020, no measures  notified, 
1996 
96/0107, no measures  notified, 
96/0049, no measures  notified, 
96/0088, no measures  notified, 
96/0126, no measures  notified, 
96/0145, no measures  notified, 
96/0173, no measures  notified, 
(to be terminated in 1997) 
96/0195, no measures  notified, 
terminated in 1996 

reasoned opinion in 1996 
reasoned opinion in 1996 
reasoned opinion in 1996 
reasoned opinion in 1996 
reasoned opinion in 1996 
Art.  169 letter in 1996, 

Art.  169 letter in 1996, 

93/0045 
Nectars without addition of sugar or honey 
Member States which have notified  implementing measures: all 

Italy 

-  94/0252, no measures notified, Art.  169 letter in 1994: 

reasoned opinion in  1995, terminated in 1996 

93/0099 
Foodstuffs  - official  control 
Member  States which have notified  implementing measures: all except F, I 

Belgium 

Denmark 

Germany 

-  95/0400, no measures notified,  Art.  169 letter in 1995, 

terminated in 1996 

-  95/0422, no measures notified,  Art.  169 letter in 1995 

terminated in 1996 

-  95/0434- no measures notified,  Art.  169 letter in 1995 

tenninated in 1996 

182 

Greece 

France 
Ireland 

Italy 
Luxembourg 

Portugal 

LInited Kingdom 

169 letter in 1995 
169 letter in 1995, 

95/0455, no measures notified, Art.  169 letter in 1995 
terminated in 1996 
94/0560,- no measures notified, Art 
95/0525,, no measures notified, Art 
terminated in 1996 
95/0546- no measures notified,  Art. 
95/0569- no measures notified,  Art. 
terminated in 1996 
95/0607- no measures notified,  Art.  169 letter in 1995 
terminated in 1996 
95/0633- no measures notified, Art.  169 letter in 1995 
terminated in 1996 

169 letter in 1995 
169 letter in 1995. 

93/0102 
Labelling of  foodstuffs 
Member States which have notified  implementing measures: all 

Belgium 

Ireland 

Italy 

-  95/0231, no measures notified, Art.  169 letter in 1995 

terminated in 1996 

-  95/0308, no measures notified,  reasoned opinion in  1996, (to be 

terminated in 1997) 

-  95/0320- no measures notified, Art.  169 letter in 1995, 

terminated in 1996 

United  Kingdom 

-  95/0378- no measures notified, Art.  169 letter in 1995, 

teirninated in 1996 

94/0035 
Sweeteners in  foodstuffs 
Member  States which have notified  implementing measures: all except B, D, F. 

Belgium 
Germany 
Denmark 

Greece 

Spain 

France 
Ireland 

no measures  notified 
no measures  notified 
no measures  notified 

Art.  169 letter in 1996 
Art.  169 letter in 1996 
Art.  169 letter in  1996, terminated in 

96/0006: 
96/0038: 
96/0023: 
96 
96/0053: no measures notified  - Art.  169 letter in  1996 - terminated 
in 96 
96/0072: no measures notified  - Art.  169 letter in 1996 - terminated 
in 96 
96/0091: 
96/0110, 
in 96 

Art.  169 letter in 1996 
Art.  169 letter in  1996 - tenninated 

no measures  notified 
no measures  notified 

183 

Italy 

-  96/0129, no measures notified  - Art.  169 letter in  1996 - terminated 

Luxembourg 

-  96/0148, no measures notified  - Art.  169 letter in 1996 - terminated 

in 96 

Portugal 

-  96/0178, no measures notified  - Art.  169 letter in  1996 - terminated 

in 96 

United Kingdom 

-  96/0199, no measures notified  - Art.  169 letter in 1996 - terminated 

in 96 

in 96 

94/0036 
Foodstuffs  for human consumption - colouring matter 
Member States which have notified  implementing measures: B (partial),DK, E, EL, FIN, IRL, I, 

L, NL, A, P, S, UK 

Belgium 
Germany 
Denmark 

Greece 

Spain 

France 
Ireland 

Italy 

Luxembourg 

Portugal 

United  Kingdom 

96/0007, no measures 
96/0039, no measures 
96/0024, no measures 
in 1996 
96/0054, no measures 
in 1996 
96/0073, no measures 
in 1996 
96/0092, no measures 
96/0011, no measures 
in 1996 
96/0130, no measures 
in 1996 
96/0148, no measures 
in  1996 
96/0179, no measures 
terminated in 1997) 
96/0200, no measures 
in  1996 

notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 - terminated 

notified  - Art.  169 letter in  1996 - terminated 

notified  - Art.  169 letter in 1996 - terminated 

notified  - Art.  169 letter in 1996 

notified  - Art.  169 letter in  1996 - terminated 

notified  - Art.  169 letter in 1996 - terminated 

notified  - Art.  169 letter in  1996 - terminated 

notified  - Art.  169 letter in 1996 (to be 

notified  - Ait.  169 letter in  1996  -terminated 

94/0052 
Extraction solvents used in the production of  foodstuffs 
Member  States which have notified  implementing measures: all except F, S 

Belgium 

Germany 

96/0008, no measures notified  - Ait.  169 letter in  1996 - terminated 
in 1996 
96/0040, no measures notified  - Art.  169 letter in  1996 - terminated 
in 1996 

84 

Denmark 

Greece 

Spain 

France 
Ireland 

Italy 

Luxembourg 

Portugal 

United  Kingdom 

96/0025, no measures 
in 1996 
96/0055, no measures 
in 1996 
96/0074, no measures 
in  1996 
96/0093, no measures 
96/0112, no measures 
in 1996 
96/0131, no measures 
in 1996 
96/0150, no measures 
in 1996 
96/0180, no measures 
terminated in 1997) 
96/0201, no measures 
1996 

notified  - Art.  169 letter in  1996 - tenninated 

notified  - Art.  169 letter in 1996 - terminated 

notified  - Art.  169 letter in  1996 - terminated 

notified 
notified 

Art.  169 letter 
Art.  169 letter 

in 1996 
in  1996 -terminated 

notified  - Art.  169 letter in  1996 - terminated 

notified  - Art.  169 letter in 1996 - terminated 

notified  - Art.  169 letter in 1996 (to be 

notified  - Art.  169 letter in 1996, terminated in 

94/0054 
Labelling of  foodstuffs 
Member States winch have notified  implementing measures: all except F, I, P 

Belgium 

Germany 

Denmark 

Spain 

France 

Ireland 

Italy 
Netherlands 

Portugal 
United  Kingdom 

95/0408, no measures  notified 
in  1996 
95/0441, no measures  notified 
in  1996 
95/0426, no measures  notified 
in 1996 
95/0490, no measures  notified 
in 1996 
95/0512, no measures  notified 
opinion (to be sent in  1997) 
95/0531, no measures  notified 
tenninated in  1997) 
95/0554, no measures  notified 
95/0594, no measures  notified 
in  1996 
95/0619, no measures  notified 
95/0638, no measures  notified 
96 

- Art.  169 letter in 1995 -terminated 

- Art.  169 letter in  1995 -terminated 

- Art.  169 letter in 1995 -terminated 

- Art.  169 letter in 1995 -terminated 

- Art.  169 letter in  1995 -reasoned 

- Art.  169 letter in 1995 (to be 

- reasoned opinion in 1996 
- Art.  169 letter in 1996 - tenninated 

- reasoned opinion in  1996 
- Art.  169 letter in  1996 tenninated in 

85 

95/0002 
Additives in foodstuffs  other than colours and sweeteners 
Member States which have notified  implementing measures: DK, EL, FIN, I, L, NL, A, S, UK 

No mfringement  proceedings 

95/0003 
Plastic materials and articles intended to come into contact with  foodstuffs 
Member States which have notified implementing measures: DK, E, FIN, IRL, I, NL, A, S, 

UK 

Belgium 
Germany 
Greece 
France 
Ireland 

Italy 

Luxembourg 
Netherlands 

Portugal 
Austria 

Finland 

Sweden 

96/0232: no measures 
96/0249: no measures 
96/0265: no measures 
96/0284: no measures 
96/0298: no measures 
in 1996 
96/0307: no measures 
terminated in 1997) 
96/0320: no measures 
96/0331: no measures 
in 1996 
96/0341: no measures 
96/0475: no measures 
terminated in 1997) 
96/0492: no measures 
in 1996 
96/0498: no measures 
in 1996 

notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 - terminated 

notified  - Art.  169 letter in 1996 (to be 

notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 - terminated 

notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 (to be 

notified  - Art.  169 letter in 1996 - tenninated 

notified  - Art.  169 letter in 1996 - terminated 

95/0031 
Specific  criteria of purity for  sweeteners 
Member  States which have notified  implementing measures: DK, E, EL, I, NL, A, S, UK 

No infringement  proceedings 

186 

95/0045 
Specific  criteria of purity for  sweeteners 
Member  States which have notified  implementing measures: DK, E, EL, NL, A, P, S, UK 

No infringement  proceedings 

96/0003 
Hygiene of  foodstuffs 
Member States which have notified  implementing measures: DK, E, FIN, NL, S 

Belgium 
Denmark 

Germany 
Greece 
Spain 

France 
Ireland 
Italy 
Luxembourg 
Portugal 
United Kingdom 
Austria 
Finland 

Sweden 

96/0238: no measures 
96/0246: no measures 
in 1996 
96/0258: no measures 
96/0273: no measures 
96/0280: no measures 
in 1996 
96/0292: no measures 
96/0302: no measures 
96/0313: no measures 
96/0328: no measures 
96/0347: no measures 
96/0356: no measures 
96/0483: no measures 
96/0594: no measures 
terminated in 1997) 
96/0505: no measures 
tenninated in 1997) 

notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 - terminated 

notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 - tenninated 

notified  - Art.  169 letter in 1996 
notified  - Ait*. 169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 
notified  - Art.  169 letter in 1996 (to be 

notified  - Art.  169 letter in 1996 (to be 

96/0021 
Labelling of  foodstuffs 
Member States winch have notified  implementing measures: EL, FIN, L, NL, A, UK 

No infringement  proceedings 

187 

Pharmaceutical  products 

65/0065 
Pharmaceutical products 
Member States which have notified  implementing measures: all 

66/0454 
Pharmaceutical  products 
Member  States winch have notified  implementing measures: all 

75/0318 
Pharmaceutical products, analytical standards and protocols 
Member States which have notified  implementing measures: all 

75/0319 
Pharmaceutical  products 
Member  States which have notified  implementing measures: all 

78/0025 
Medicinal products - colouring matter 
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 
Pharmaceutical products, analytical standards and protocols 
Member States which have notified  implementing measures: all except A (partial) 

87/0020 
Veterinary medicinal products, analytical standards and protocols 
Member States which have notified  implementing measures: all except A (partial) 

87/0021 
Pharmaceutical  products 
Member States which have notified  implementing measures: all 

87/0022 
High-technology medicinal products 
Member States which have notified  implementing measures: all 

89/0105 
Prices of medicinal  products 
Member  States which have notified  implementing measures: all 

89/0341 
Pharmaceutical  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: all 

189 

89/0381 
Medicinal products derived from human blood 
Member States which have notified  implementing measures: all except A (partial) 

Austria 

-  96/0407, no measures notified, Art.  169 letter in 1996 

90/0676 
Veterinary medicinal products 
Member States which have notified implementing measures: all except F, P, UK. 

Ireland 

-  93/0276 no measures notified,  Art.  169 letter in 1993, terminated in 

1996 

Portugal 

-  93/0438 no measures notified, reasoned opinion in  1996, (referral 

scheduled) 

90/0677 
Immunological veterinary medicinal products 
Member  States which have notified  implementing measures: all except F, UK. 

Ireland 

-  93/0592 no measures notified, reasoned opinion in  1996, tenninated 

in 1996 

91/0356 
Good manufacturing  practice for medicinal products 
Member States winch 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: all except F, P. 

France 

Ireland 

-  93/0921, no measures notified, reasoned opinion in 1996, (referral 

scheduled) 

-  93/0932 no measures notified,  Art.  169 letter in 1993, tenninated in 

1996 

Portugal 

-  93/0944, no measures notified,  reasoned opinion in  1996, (refen*al 

scheduled) 

90 

91/0507 
Testing of medicinal products 
Member States which have notified  implementing measures: all except A, F, LRL 

France 

France 
Austria 
Ireland 

-  92/0228 no measures notified, reasoned opinion in 1994, referral in 

1996, Case C-23/96 

-  95/0291 no measures notified, Art.  169 letter in 1995 
-  96/0425, no measures notified,  Art.  169 letter in 1996 
-  95/0303, no measures notified,  Art.  169 letter in 1995, reasoned 

opinion to be sent 

92/0018 
Veterinary medicinal products, analytical standards and protocols 
Member States which have notified  implementing measures: all 

France 

Ireland 

-  93/0556 no measures notified, reasoned opinion in 1996, terminated 

in 1996 

-  93/0563 no measures notified,  reasoned opinion in 1996, terminated 

in 1996 

92/0025 
Wholesale distribution of medicinal products 
Member States winch have notified  implementing measures: all 

Germany 

-  93/0084, no measures notified,  reasoned opinion in 1994, tenninated 

Luxembourg 

-  93/0336, no measures notified,  referral  in  1995, terminated in 1996 

in 1996 

92/0026 
Classification  for the supply of medicinal products 
Member States which have notified  implementing measures: all 

92/0027 
Labelling of medicinal products and package  leaflets 
Member  States which have notified  implementing measures: all 

191 

92/0028 
Advertising of medicinal products 
Member States which have notified implementing measures: all 

France 

-  93/0217 no measures notified,  reasoned opinion in 1994, terminated 

in 1996 

92/0073 
Homeopathic medicinal products for human use 
Member States winch have notified  implementing measures: all except B, F, IRL 

Belgium 

-  94/0014, no measures notified, Art.  169 letter in 1994, reasoned 

Greece 

Spain 

France 
Ireland 

opinion to be sent 

-  94/0119 no measures notified,  Art.  169 letter in 1994, terminated in 

1996 

-  94/0143 no measures notified,  Art.  169 letter in 1994, terminated in 

1996 

-  94/0176, no measures notified, reasoned opinion in 1996 
-  94/0208, no measures notified. Art.  169 letter in 1994, reasoned 

opinion to be sent 

Luxembourg 

-  94/0275 no measures notified, Art.  169 letter in  1994, tenninated in 

1996 

Netherlands 

-  94/0309 no measures notified, Art.  169 letter in 1994, tenninated in 

1996 

Portugal 

-  94/0340 no measures notified, Art.  169 letter in 1994, terminated in 

1996 

92/0074 
Homeopathic veterinary medicinal products 
Member States which have notified implementing measures: all except B, F, P, UK 

Belgium 

France 

Portugal 

-  94/0015, no measures notified,  reasoned opinion in  1996, referral 

scheduled 

-  94/0177, no measures notified,  reasoned opinion in 1996, referral 

scheduled 

-  94/0341, no measures notified,  reasoned opinion in 1996, referral 

scheduled 

United  Kingdom 

-  94/0375, no measures notified,  reasoned opimon in 1996 

192 

93/0039 
Medicines 
Member States which have notified implementing measures: all except D, I, LRL 

Germany 
Italy 
Ireland 

-  95/0251, no measures notified, reasoned opinion in 1996 
-  95/0316, no measures notified, reasoned opinion in 1996 
-  95/0304, no measures notified, reasoned opinion in 1996 

93/0040 
Veterinary medicinal products 
Member States which have notified implementing measures: all except D, EL, F, I, P. 

Germany 
Greece 
France 
Italy 
Portugal 

-  95/0252, no measures notified, reasoned opinion in 1996 
-  95/0266, no measures notified, Art. 169 letter in 1995 
-  95/0293, no measures notified, reasoned opinion in 1996 
-  95/0317, no measures notified, Art. 169 letter in 1995 
-  95/0358, no measures notified, reasoned opinion in 1996 

93/0041 
High-technology medicinal products 
Member States which have notified implementing measures: all 

193 

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 

79/0663 
Dangerous substances  and preparations 
Member States which have notified  implementing measures: all 

94 

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 winch have notified  implementing measures: all 

82/0243 
Detergents 
Member  States which have notified  implementing measures: all 

82/0806 
Dangerous substances and preparations 
Member States winch 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 

84/0291 
Dangerous preparations  (pesticides) 
Member States which have notified  implementing measures: all 

195 

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 

89/0284 
Fertilizers 
Member States which have notified  implementing measures: all 

196 

89/0519 
Fertilizers - sampling 
Member States which have notified  implementing measures: all 

89/0530 
Fertilizers (oligo-elements) 
Member States which have notified  implementing measures: all 

89/0677 
Dangerous substances and preparations 
Member States which have notified implementing measures: all 

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 

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 

91/0173 
Dangerous substances and preparations 
Member  States which have notified  implementing measures: all. 

197 

91/0338 
Dangerous substances and preparations 
Member States which have notified  implementing measures: all except B, NL 

Belgium 

-  93/0024, no measures notified,  reasoned opinion in  1995, referral 

Netherlands 

-  93/0390, no measures notified, reasoned opinion in 1996 

scheduled 

91/0339 
Dangerous substances and preparations 
Member States which have notified  implementing measures: all 

Belgium 

-  92/0665, no measures notified,  reasoned opinion in 1993, terminated 

in 1996 

91/0442 
Child-resistant  fastenings 
Member States which have notified  implementing measures: all except A. 

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, referral 

scheduled 

92/0109 
Narcotic drugs and psychotropic  substances 
Member  States winch have notified  implementing measures: all except A, F, I. 

Spain 

France 

Italy 

-  93/0731, no measures notified, Art.  169 letter in 1993, 

reasoned opinion in  1994, tenninated in 1996 

-  93/0755, no measures notified,  Art.  169 letter in 1993, 

reasoned opinion in  1994, referral  scheduled 

-  93/0800, no measures notified,  Art.  169 letter in 1993, 

reasoned opinion in  1994, referral  scheduled 

198 

93/0001 
Methods of sampling and analysis for  fertilizers 
Member States which have notified  implementing measures: all 

Germany 

-  94/0415, no measures notified,  Art.  169 letter in  1994, terminated in 

1996 

93/0015 
Placing on the market and supervision of explosives for civil uses 
(deadline for transposai: 30.09.93 and 30.06.94) 
Member States which have notified  implementing measures: B, DK, L, NL, P, UK, S, A. 

Germany 

-  94/0616 and 94/0649, no measures notified,  Art.  169 letter in 1994, 

Greece 

-  94/0699, no measures notified,  Art.  169 letter in  1994, (to be 

reasoned opinion to be sent 

tenninated) 

-  94/0425, no measures notified,  Art.  169 letter in 1994, (to be 

terminated) 

Spain 

France 

-  94/0437 and 94/0663, no measures notified,  Art.  169 letter in 1994, 

reasoned opinion to be sent 

-  94/0676, no measures notified,  Art.  169 letter in  1994, (to be 

terminated) 

-  94/0449, no measures notified,  Art.  169 letter in  1994, reasoned 

opinion to be sent 

Italy 

-  94/0468, no measures notified, Art.  169 letter in  1994, (to be 

tenninated) 

-  94/0721, no measures notified,  Art.  169 letter in 1994, reasoned 

opinion to be sent 

93/0018 
Dangerous-preparations 
Member  States which have notified  implementing measures: A, B, DK, D, E, F, FIN, EL, L, NL, 

UK, S 

Ireland 

Italy-

-  94/0856, no measures notified,  Art.  169 letter in 1995, reasoned 

opimon to be sent 

-  94/0875, no measures notified,  Art.  169 letter in 1995, reasoned 

opinion to be sent 

Netherlands 

-  94/0912, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

199 

Portugal 

-  94/0932, no measures notified, Art. 169 letter in 1995, reasoned 

opinion to be sent 

93/0046 
Drugs - precursors 
Member States which have notified implementing measures: B, D, DK, E, F, FIN, EL, I, IRL, L, 

NL, P, S, UK 

France 

Italy 

-  94/0450, no measures notified, Art. 169 letter in 1994, (to be 

terminated) 

-  94/0469, no measures notified, Art. 169 letter in 1994, terminated in 

1996 

93/0069 
Fertilizers 
Member States which have notified implementing measures: A, D, DK, E, FIN, LRL, I, L, NL, P, 

S,UK 

Belgium 

-  94/0520, no measures notified, Art. 169 letter in 1994, reasoned 

opinion to be sent 

Germany 

-  94/0792, no measures notified, Art. 169 letter in 1994, terminated in 

1996 

France 

Greece 

-  94/0792, no measures notified, Art. 169 letter in 1994, reasoned 

opinion to be sent 

-  94/0792, no measures notified, Art. 169 letter in 1994, reasoned 

opinion to be sent 

93/0112 
System of specific information for dangerous preparations 
Member States which have notified implementing measures: all except E, I. 

Spain 

Italy 

-  95/0288, no measures notified, Art. 169 letter in 1995, reasoned 

opinion to be sent 

-  95/0321, no measures notified, Art. 169 letter in 1995, reasoned 

opinion to be sent 

Portugal 

-  95/0363, no measures notified, Art. 169 letter in 1995 

200 

94/0060 
Restrictions on the marketing of dangerous substances 
(CMT/aerôsols/solvents/creosote) 
Member States which have notified implementing measures: A, FIN, S, D, DK, EL, L, NL 

Belgium 

France 

Greece 

Ireland 

Italy 

-  96/0010, no measures notified, Art. 169 letter in 1996, reasoned 

opinion to be sent 

-  96/0095, no measures notified, Art. 169 letter in 1996, reasoned 

opinion to be sent 

-  96/0058, no measures notified, Art. 169 letter in 1996, (to be 

terminated) 

-  96/0115, no measures notified, Art. 169 letter in 1996, reasoned 

opinion to be sent 

-  96/0134, no measures notified, Art. 169 letter in 1996, reasoned 

opinion to be sent 

95/0008 
Fertilizers 
Member States which have notified implementing measures: DSC, IRL, I, NL,B, A, S, FIN 

France 

Greece 

Ireland 

Italy 

-  96/0098, no measures notified, Art. 169. letter in 1996, reasoned 

opinion to be sent 

-  96/0061, no measures notified, Art. 169 letter in 1996, reasoned 

opimon to be sent 

-  96/0117, no measures notified, Art. 169 letter in 1996, (to be 

terminated) 

-  96/0136, no measures notified, Art. 169 letter in 1996, tenninated in 

1996 

Luxembourg 

-  96/0154, no measures notified, Art. 169 letter in 1996, reasoned 

opinion to be sent 

20 

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 winch 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 

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 

202 

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 winch have notified  implementing measures: all 

74/0061 
Devices to prevent the unauthorized use of motor vehicles 
Member States which have notified  implementing measures: all 

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 

203 

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 

74/0297 
Interior fittings of motor vehicles 
Member  States which have notified  implementing measures: all 

74/0346 
Rear-view mirrors of tractors 
Member States winch 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 

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 

204 

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 winch have notified  implementing measures: all 

76/0756 
Lighting and light-signalling devices on motor vehicles 
Member  States which have notified  implementing measures: all 

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 

205 

76/0759 
Lamps for motor vehicles 
Member States winch 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 winch have notified  implementing measures: all 

77/0102 
Air pollution from engines 
Member States which have notified  implementing measures: all 

77/0143 
Roadworthiness tests for motor vehicles 
Member States which have notified  implementing measures: all 

77/0212 
Sound level of motor vehicles 
Member States which have notified  implementing measures: all 

77/0311 
Sound level of tractors 
Member States which have notified  implementing measures: all 

206 

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 winch have notified  implementing measures: all 

77/0541 
Safety belts 
Member States winch have notified  implementing measures: all 

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 

207 

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 

78/0507 
Motor-vehicle registration plates 
Member States winch have notified  implementing measures: all 

78/0547 
Type-approval of motor vehicles 
Member  States which have notified  implementing measures: all 

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 

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 

208 

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 winch have notified  implementing measures: all 

79/0490  v 
Fuel tanks of motor vehicles 
Member States which have notified  implementing measures: all 

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 

209 

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 

80/1267 
Type-approval of motor vehicles 
Member States which have notified  implementing measures: all 

80/1268 
Fuel consumption of motor vehicles 
Member States which have notified  implementing measures: all 

210 

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 winch have notified  implementing measures: all 

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 

81/0643 
Driver's field of vision on motor vehicles 
Member  States winch have notified  implementing measures: all 

211 

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 winch have notified  implementing measures: all 

83/0351 
Air pollution from engines 
Member States which have notified  implementing measures: all 

84/0008 
Lighting and light-signalling devices on motor vehicles 
Member States which have notified  implementing measures: all 

212 

84/0372 
Sound level of motor vehicles 
Member States which have notified  implementing measures: all 

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 winch have notified  implementing measures: all 

87/0056 
Sound level of motorcycles 
Member  States which have notified  implementing measures: all 

213 

87/0358 
Type-approval of motor vehicles 
Member States which have notified  implementing measures: all 

87/0402 
Roll-over protection of tractors 
Member States which have notified  implementing measures: all 

87/0403 
Type-approval of motor vehicles 
Member  States winch have notified  implementing measures: all 

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 

88/0077 
Emissions from diesel engines 
Member  States which have notified  implementing measures: all 

88/0194 
Braking devices of motor vehicles 
Member States winch have notified  implementing measures: all 

88/0195 
Engine power of motor vehicles 
Member  States which have notified  implementing measures: all 

88/0297 
Type-approval of tractors 
Member  States which have notified  implementing measures: all 

214 

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 winch 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 winch have notified  implementing measures: all 

88/0436 
Particulate emissions from diesel engines 
Member States which have notified  implementing measures: all 

88/0465 
Driver's seat on tractors 
Member States which have notified  implementing measures: all 

215 

89/0173 
Characteristics of tractors 
Member States winch 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 

89/0491 
Sound level of motor vehicles 
Member States winch have notified  implementing measures: all 

89/0516 
Lamps for motor vehicles 
Member  States winch have notified  implementing measures: all 

89/0517 
Headlamps for motor vehicles 
Member States which have notified  implementing measures: all 

216 

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 
-  tractors 
Protection structures 
Member States which have notified  implementing measures: all 

90/0628 
Safety  belts 
Member States which have notified implementing measures: all 

90/0629 
Safety belts 
Member States which have notified  implementing measures: all 

90/0630 
Driver's field of vision in motor vehicles 
Member States which have notified  implementing measures: all 

91/0226 
Spray-suppression  systems 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: all 

217 

91/0422 
Braking devices of motor vehicles 
Member States which have notified  implementing measures: all 

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. 

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: all 

218 

92/0053 
Type-approval of motor vehicles 
Member States which have notified  implementing measures: all 

92/0061 
Type-approval of two- and three-wheel motor vehicles 
Member States which have notified  implementing measures: all 

92/0062 
Steering equipment for motor vehicles 
Member States which have notified  implementing measures: all 

92/0097 
Permissible sound level and the exhaust system of motor vehicles 
Member  States which have notified  implementing measures: all 

92/0114 
Cabs of motor vehicles of category N 
Member  States which have notified  implementing measures: all 

93/0014 
Braking systems of two- and three-wheel motor vehicles 
Member States winch have notified  implementing measures: all except S 

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 S 

93/0030 
Audible warning devices for two- or three-wheel motor vehicles 
Member  States which have notified  implementing measures: all except S 

219 

93/0031 
Stands for two- or three-wheel motor vehicles 
Member States which have notified implementing measures: all except S 

93/0032 
Passenger hand-holds for two- or three-wheel motor vehicles 
Member States which have notified  implementing measures: all except S 

93/0033 
Devices to prevent unauthorized use of two- or three-wheel motor vehicles 
Member States which have notified  implementing measures: all except S . 

93/0034 
Statutory markings for two- or three-wheel motor vehicles 
Member States which have notified  implementing measures: all except S 

93/0059 
Air pollution by emissions from motor vehicles 
Member States which have notified  implementing measures: all 

93/0081 
Type-approval  of motor vehicles 
Member States winch have notified  implementing measures: all 

93/0091 
Interior fittings of motor vehicles 
Member States winch have notified  implementing measures: all 

93/0092 
Lighting and light-signalling devices of two- or three-wheeled motor vehicles 
Member States winch have notified  implementing measures: all except S 

93/0093 
Masses and dimensions of two- or three-wheeled motor vehicles 
Member States which have notified  implementing measures: all except S 

220 

93/0094 
Mounting of registration plate for two- or three-wheeled  motor-vehicles 
Member States which have notified  implementing measures: all except S 

93/0116 
Fuel consumption of motor vehicles. 
Member States which have notified  implementing measures: all 

94/0012 
Pollution by emissions from motor vehicles 
Member States which have notified  implementing measures: all except EL 

Greece 

-  94/0974,no measures notified,  Art.  169 letter in 1995 and reasoned 

opinion in 1996 

94/0020 
Motor vehicles 
Member States winch have notified  implementing measures: all 

94/0053 
Identification  of motor vehicles 
Member States which have notified  implementing measures: all 

Belgium 

Portugal 

-  95/240 no measures notified, Art.  169 letter in  1995, terminated in 

1996 

-  95/372 no measures notified,  Art.  169 letter in 1995, tenninated in 

United Kingdom 

-  95/386 no measures notified, Art.  169 letter in 1995, terminated in 

1996 

1996 

94/0068 
Windscreen wiper and washer systems of motor vehicles 
Member  States which have notified  implementing measures: all except A 

94/0078 
Wheel guards of motor vehicles 
Member States which have notified  implementing measures: all except A 

221 

95/0001 
Torque and net engine power of two-and tliree-wheeled motor vehicles 
Member States which have notified implementing measures: all except A, DK, D, NL, P, S, UK 

Austria 
Denmark 
Germany 
Netherlands 
Portugal 
Sweden 
United Kingdom 

96/1079 no measures notified, Art. 
96/0878 no measures notified, Art. 
96/0888no measures notified, Art. 
96/1030 no measures notified, Art. 
96/1041 no measures notified, Art. 
96/1128 no measures notified, Art. 
96/1066 no measures notified, Art. 

169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 

95/0028 
Burning behaviour 
Member States which have notified implementing measures: all except A, EL, L, NL, P, UK 

0 ?7 

95/0048 
Weights and dimensions of category Ml  motor vehicles 
Member States which have notified  implementing measures: all except A, D, NL, UK 

Austria 
Germany 
Spain 

Ireland 
Italy 

Netherlands 
Portugal 

Sweden 

United Kingdom 

96/0481,no measures notified,  Art. 
96/0254,no measures notified,  Art. 
96/0278, no measures notified,  Art. 
terminated in 1997) 
96/0300, no measures notified,  Art. 
96/0311, no measures notified,  Art. 
terminated in  1997) 
96/0335, no measures notified, Art. 
96/0344, no measures notified, Art. 
terminated in 1997) 
96/0503, no measures notified,  Art. 
terminated in 1997) 
96/0353, no measures notified,  Art. 
terminated in 1997) 

169 letter in 1996 
169 letter in 1996 
169 letter in 1996 (to be 

169 letter in 1996 
169 letter in 1996 (to be 

169 letter in 1996 

169 letter in 1996 (to be 

169 letter in 1996 (to be 

169 letter in 1996 (to be 

95/0056 
Devices to prevent the unauthorized use of motor vehicles 
Member  States which have notified  implementing measures: all except A, I, L, UK 

Austria 
Germany 

Spain 

France 

Ireland 

Italy 
Luxembourg 

Netherlands 

Portugal 

Sweden 
United  Kingdom 

96/0482 no measures 
96/0255 no measures 
terminated in 1997) 
96/0279 no measures 
tenninated in 1997) 
96/0289 no measures 
terminated in 1997) 
96/0301 no measures 
tenninated in 1997) 
96/0346 no measures 
96/0325 no measures 
96/0336 no measures 
tenninated in  1997) 
96/0346 no measures 
tenninated in 1997) 
96/0504 no measures 
tenninated in 1997) 
96/0354 no measures 

notified,  Art. 
notified. Art. 

169 letter in 1996 
169 letter in 1996 (to be 

notified,  Art.  169 letter in 1996 (to be 

notified,  Art.  169 letter in  1996 (to be 

notified,  Art.  169 letter in 1996 (to be 

notified,  Art. 
notified,  Art. 
notified,  Art. 

169 letter in 1996 
169 letter in 1996 
169 letter in 1996 (to be 

notified,  Art.  169 letter in 1996 (to be 

notified,  Art.  169 letter in 1996 (to be 

notified, Art.  169 letter in 1996 

223 

96/0001 
Emissions - Small diesel engines 
Member States which have notified  implementing measures: B, DK, E, FIN, IRL, I, NL, S 

Austria 
Germany 
Greece 
France 
Portugal 
United  Kingdom 

96/1091 no 
96/0900 no 
96/0926 no 
96/0967 no 
96/1057 no 
96/1073 no 
1997) 

measures notified,  Art. 
measures notified,  Art. 
measures notified, Art. 
measures notified,  Art. 
measures notified, Art. 
measures notified,  Art. 

169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
169 letter 

(to be sent in 

96/0020 
Sound level of motor vehicles 
Member States which have notified  implementing measures: B, DK, FIN, F, IRL, I, NL, S 

Austria 
Germany 
Greece 

Spain 
Luxembourg 

Portugal 
United  Kingdom 

96/1097 no measures notified,  Art. 
96/0905 no measures notified,  Art. 
96/0931 no measures  notified, 

169 letter (to be sent in 1997) 
169 letter (to be sent in 1997) 
Art.  169 letter (to be sent in 

1997) 
96/0949 no measures notified,  Art. 
96/1026 no measures notified,  Art. 
1997) 
96/1061 no measures notified,  Art. 
96/1074 no measures notified,  Art. 
1997) 

169 letter (to be sent in 1997) 
169 letter 

(to be sent in 

169 letter (to be sent in 1997) 
169 letter 

(to be sent in 

96/0027 
Lateral protection of occupants of motor vehicles 
Member States which have notified  implementing measures: B, IRL, I, S 

96/0036 
Safety belts and restraint systems of motor vehicles 
Member  States which have notified  implementing measures: DK, F, IRL, I 

96/0037 
Interior fittings of motor vehicles (resistance of seats and their 
anchorages) 
Member States winch have notified  implementing measures: B, F, IRL, I 

224 

96/0038 
Anchorages for motor-vehicle safety belts 
Member States which have notified implementing measures: B, F, IRL, I 

96/0044 
Emissions from motor vehicles 
Member States which have notified implementing measures: B, FIN, I 

96/0063 
Braking devices of wheeled agricultural or forestry tractors 
Member States which have notified implementing measures: F 

96/0064 
Motor-vehicle towing devices 
Member States which have notified implementing measures: F 

96/0069 
Emissions - Light utility vehicles 

225 

Construction products 

89/0106 
Construction products 
Member States which have notified unplementing measures: DK, D, E, EL, F, FIN, IRL, I, L, 

NL, P, S, UK. 

Belgium 

Austria 

-  92/0026, no measures notified, reasoned opinion in 1993, referral in 

1996, Case C-96/263 

-  96/0404, no measures notified, Art. 169 letter in 1996 

226 

Machinery 

69/0493 
Crystal glass 
Member States which have notified  implementing measures: all except FIN, S 

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  unplementing measures: all 

71/0347 
Measuring of grain 
Member States winch have notified  implementing measures: all 

71/0348 
Meters for liquids 
Member States winch have notified  implementing measures: all 

71/0349 
Calibration of the tanks of vessels 
Member States which have notified  implementing measures: all except S 

227 

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 

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 

228 

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 FLN 

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 winch have notified  implementing measures: all 

76/0696 
Non-automatic weighing machines 
Member States which have notified  implementing measures: all except A, S 

76/0764 
Thennometers 
Member States winch have notified  implementing measures: all 

76/0765 
Alcoholometers 
Member States which have notified  implementing measures: all 

229 

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 winch have notified  implementing measures: all 

78/0629 
Measures of length 
Member  States winch 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 

230 

79/0196 
Electrical  equipment 
Member States which have notified  implementing measures: all 

79/0830 
Water meters 
Member States winch have notified implementing measures: all 

79/1005 
Prepackaged  liquids 
Member  States which have notified  implementing measures: all 

80/0181 
Units of measurement 
Member  States winch 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 

82/0622 
Weighing instruments 
Member  States which have notified  implementing measures: all 

82/0623 
Gas volume meters 
Member  States winch have notified  implementing measures: all except S 

82/0624 
Alcoholometers 
Member States winch have notified  implementing measures: all except S 

231 

82/0625 
Measuring systems for liquids 
Member States which have notified  implementing measures: all except S 

83/0128 
Cluneal thermometers - mercury 
Member  States winch have notified  implementing measures: all except S 

83/0575 
Measuring instruments 
Member States winch have notified  implementing measures: all 

84/0047 
Electrical equipment 
Member States winch 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 

84/0526 
Aliuninium 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 

0 ^9 

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 

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 

233 

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 

87/0404 
Pressure vessels 
Member States which have notified  implementing measures: all 

Italy 

-  93/4069, not properly applied, reasoned opimon in 1994, terminated 

in 1996 

234 

88/0316 
Prepackaged  liquids 
Member  States which have notified implementing measures: all 

88/0320 
Good laboratory practice 
Member  States which have notified  implementing measures: all except UK and A 

Spain 

-  90/509, no measures notified, referral in 1993, Case C-93/268, 

judgment in  1994, tenninated in 1996 

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: all except IRL 

Ireland- 

-  92/0793, no measures notified, reasoned opinion in  1993, referral  in 
1994- Case C-94/240 -judgment  in 1995, Art.  171 letter in 1996 

89/0392 
Machinery 
Member  States winch have notified  implementing measures: all 

Italy 

-  92/0328, no measures notified, referral  in  1994 - Case C-94/182 

judgment in  1995 - tenninated in 1996 

23 

89/0617 
Units of measurement 
Member States winch have notified  implementing measures: all except E 

Spain 

-  92/0157, no measures notified,  suppl. reasoned opinion in 1994 

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 

90/0018 
Good laboratory practice 
Member States which have notified  implementing measures: all except UK 

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: A, FIN, S, DK, D, F, LRL, I, L, NL, 

UK, EL, E, P 

Belgium 

-  92/0657, no measures notified,  reasoned opinion in  1993, referral in 
1994 - Case C-95/239 -judgment  in 1996 - Art.  171 letter m 1996 

90/0396 
Gas appliances 
Member States which have notified  implementing measures: all 

236 

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. 

90/0488 
Pressure vessels 
Member States which have notified  implementing measures: all 

91/0368 
Machinery (amendment) 
Member States which have notified  implementing measures: all 

Italy 

-  92/0368; no measures notified,  reasoned opinion in 1993, referral in 

1994 

-Case C-94/182, judgment in  1995 - tenninated in 1996 

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, judgment in 1995 - Art.  171 letter in 1996 

237 

93/0042 
Medical devices 
Member States which have notified implementing measures: all except B 

Belgium 

-  94/0784, no measures notified, reasoned opinion in  1995, referral in 

1996-Case  C-96/294 

Luxembourg 

-  94/0901, no measures notified, reasoned opinion in 1995, terminated 

in 1996 

Italy 

-  94/0878, no measures notified, reasoned opinion in  1995,(to be 

terminated in 1997) 

93/0044 
Machinery  (amendment) 
Member  States which have notified  implementing measures: all 

Germany 

-  94/0812, no measures notified, reasoned opinion in 1995, terminated 

Greece 

France 

Italy 

in 1996 

-  94/0986, no measures notified,  reasoned opimon in  1995, terminated 

in 1996 

-  94/0839, no measures notified,  reasoned opinion in 1995, terminated 

in 1996 

-  94/0879, no measures notified,  reasoned opinion in 1995, tenninated 

in 1996 

Luxembourg 

-  94/0902, no measures notified, reasoned opinion in 1995, terminated 

in 1996 

93/0068 
EC labelling 
Member  States which have notified  implementing measures: DK, FIN, UK 

Belgium 

Denmark 

Germany 

G reece 

Spain 

-  94/0789, no measures notified,  Art.  169 letter in 1995, reasoned 

opinion (to be sent in 1997) 

-  94/0802, no measures notified,  Art.  169 letter in  1995, (to be 

tenninated in 1997) 

-  94/0815, no measures notified,  Art.  169 letter in  1995, reasoned 

opinion (to be sent in 1997) 

-  94/0981, no measures notified,  Art.  169 letter in  1995, reasoned 

opinion (to be sent in 1997) 

-  94/0830, no measures notified,  Art.  169 letter in  1995, reasoned 

opinion (to be sent in 1997) 

238 

France 

Italy 

Ireland 

-  94/0844, no measures notified,  Art.  169 letter in  1995, reasoned 

opinion (to be sent in 1997) 

-  94/0883, no measures notified, Art.  169 letter in 1995, reasoned 

opinion (to be sent in 1997) 

-  94/0861, no measures notified, Art.  169 letter in  1995, reasoned 

opinion (to be sent in  1997) 

Netherlands 

-  94/918, no measures notified, Art.  169 letter in 1995, reasoned 

opinion (to be sent in 1997) 

Portugal 

-  94/0941, no measures notified, Art.  169 letter in  1995, reasoned 

United Kingdom 

-  94/0963, no measures notified,  Art.  169 letter in 1995, (to be 

opinion (to be sent in 1997) 

terminated in 1997) 

93/0095 
Personal protective equipment 
Member  States which have notified  implementing measures: B, DK, D, EL, E, F, LRL, L, NL, A, 

P, FIN, S, UK 

Germany 

-  94/0418, no measures notified, reasoned opinion in 1995, tenninated 

in 1996 

France 

Italy 

-  94/0451, no measures notified, reasoned opinion in 1995, tenninated 

in 1996 

-  94/0470, no measures notified, reasoned opinion in 1995, 

94/0001 
Aerosol  dispensers 
Member States winch have notified  implementing measures: all except I, S 

Germany 

-  94/0820, no measures notified, reasoned opinion in  1995, tenninated 

in 1996 

Italy 

-  94/0891, no measures notified, reasoned opinion in  1995, referral 

(scheduled for  1997) 

United  Kingdom 

-  94/0971, no measures notified, reasoned opinion in  1995, tenninated 

in 1996 

239 

94/0009 
Electrical equipment in explosive atmosphere 
Member States which have notified implementing measures: DK, EL, E, F, L, NL, A, P, FIN, S, 

UK 

Belgium 
Germany 
Italy 
Ireland 
Netherlands 

-  95/0672, no measures notified, Art.  169 letter in 1995 
-  95/0679, no measures notified,  Art.  169 letter in 1995 
-  95/0701, no measures notified, Art.  169 letter in 1995 
-  95/0696, no measures notified, Art.  169 letter in 1995 
-  95/0710, no measures notified,  Art.  169 letter in 1995, terminated in 

1996 

94/0011 
Labelling of materials used in footwear 
Member States which have notified  implementing measures: all except L 

Belgium 

-  96/0230, no measures notified,  Art.  169 letter in  1996, (to be 

Ireland 

France 

Italy 

tenninated in 1997) 

-  96/0297, no measures notified,  Art.  169 letter in 1996, (to be 

terminated in 1997) 

-  96/0282, no measures notified,  Art.  169 letter in  1996, (to be 

tenninated in 1997) 

-  95/0702, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

Luxembourg 

-  96/0317 ,no measures notified,  Art.  169 letter in 1996, 

94/0025 
Recreational  craft 
Member States which have notified  implementing measures: DK, D, EL, F, I, NL, A, FIN, S, UK 

Belgium 
Ireland 
Portugal 
Spain 

Luxembourg 

Greece 

notified, Art. 
notified, Art. 
notified,  Art. 
notified. Art. 

169 letter in 1996 
169 letter in 1996 
169 letter in 1996 
169 letter in 1996, reasoned 

96/0005, no measures 
96/0109, no measures 
96/0177, no measures 
96/0071, no measures 
opinion to be sent 
96/0147, no measures notified,  Art.  169 letter in 1996, reasoned 
opinion to be sent 
96/0052, no measures notified,  Art.  169 letter in  1996, (to be 
tenninated) 

240 

United  Kingdom 

-  96/0198, no measures notified, Art.  169 letter in  1996, (to be 

tenninated) 

Italy 

-  96/0128, no measures notified,  Art.  169 letter in 1996, (to be 

terminated) 

Netherlands 

-  96/0163, no measures notified, Art.  169 letter in 1996, terminated in 

1996 

France 

-  96/0090, no measures notified,  Art.  169 letter in 1996, terminated in 

1.996 

Germany 

Denmark 

-  96/0037, no measures notified,  Art.  169 letter in 1996, terminated in 

1996 

-  96/0022, no measures notified,  Art.  169 letter in 1996, terminated in 

1996 

94/0026 
Electrical equipment in explosive atmosphere (amendment 79/196) 
Member States which have notified  implementing measures: all except IRL 

Belgium 

-  95/0237, no measures notified, Art.  169 letter in  1995, terminated in 

Spain 

Greece 

1996 

-  95/0289, no measures notified,  Art.  169 letter in 1995 

tenninated in 1996 

-  95/0275, no measures notified,  Art.  169 letter in 1995 

terminated in 1996 

Ireland 
Luxembourg 

-  95/0310, no measures notified, reasoned opimon in 1996 
-  95/0342, no measures notified, reasoned opinion in  1995, tenninated 

in 1996 

Portugal 

-  95/0369, no measures notified,  reasoned opinion in  1995, terminated 

in 1996 

United  Kingdom 

-  95/0383, no measures notified,  Art.  169 letter in 1995, terminated in 

1996 

95/0054 
Electromagnetic  compatibility 
Member States which have notified  implementing measures: all except A, F, S 

Belgium 
Denmark 
Spain 

-  96/0018 no measures notified, Art.  169 letter and terminated in 1996 
-  96/0032 no measures notified,  Art.  169 letter and terminated in 1996 
-  96/0086 no measures notified,  Art.  169 letter and terminated in 1996 

241 

France 

Ireland 
Netherlands 
Portugal 
United  Kingdom 

96/0105 no measures notified, Art.  169 letter in  1996 and reasoned 
opinion (to be sent in 1997) 
96/0124 no measures notified, Art 
96/0170 no measures notified,  Art 
96/0193 no measures notified, Art 
96/0212 no measures notified, Art 

169 letter and terminated in 1996 
169 letter and terminated in 1996 
169 letter and terminated in 1996 
169 letter and terminated in 1996 

Free movement - special  arrangements 

91/0477 
Acquisition and possession of weapons 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0580, no measures notified,  Art.  169 letter in  1996 (reasoned 

opimon to be sent in 1977) 

93/0007 
Return of cultural objects  unlawfully  removed from the.territory of a Member  State 
Member States winch have notified  implementing measures: all except D, EL, I, L, A 

Germany 

-  94/0532, no measures notified, reasoned opinion in  1996 (to be 

tenninated in 1977) 

Belgium 
Greece 
Italy 
Luxembourg 

-  94/0518, no measures notified,  reasoned opimon in 1996 
-  94/0546, no measures notified, reasoned opinion in 1996 
-  94/0569, no measures notified, reasoned opinion in 1996 
-  94/0578, no measures notified,  Art.  169 letter in 1996, reasoned 

opinion in 1996 

Austria 

-  96/0443, no measures notified,  Art.  169 letter in 1996 (reasoned 

opinion to be sent in 1977) 

242 

Liability for defective products 

85/0374 
Liability for defective products 
Member States which have notified implementing measures: all except F 

France 
United Kingdom 

-  89/0146, no measures notified, reasoned opinion ( 171 ) in 1995 
-  89/0153, not properly implemented, referral in 1995 

243 

-  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 winch have notified  implementing measures: all except D 

Germany 

-  no measures notified, referral  in 1995 

90/0365 
Right of residence of employees and self-employed persons who have ceased their occupationa 

Member States wliich have notified  implementing measures: all except D 

activity 

Germany 

-  no measures notified, referral  in 1995 

90/0366 
Right of residence for  students (directive annulled by the Court of Justice. See Directive 93/96 

which replaces it) 

93/0096 
Right of residence for  students 
Member  States which have notified  implementing measures: all except D 

Germany 

-  no measures notified, reasoned opinion in  1995 

244 

Voting rights 

93/0109 
Right to vote and stand as candidate for elections to European Parliament for Union 
citizens residing in a Member  State of which they are not nationals 
Member States which have notified  implementing measures: all 

94/0080 (amended by 96/0030) 
Right to vote and stand as candidate for municipal elections for Union citizens residing 
in a Member State of which they are not nationals 
Member States which have notified  implementing measures: DK, D, IRL, I, L, NL, P, UK 

Belgium 
Germany 

Greece 
Spain 

France 
Italy 

Luxembourg 

Netherlands 

Austria 
Portugal 

Finland 
Sweden 
United  Kingdom 

96/0012, no measures 
96/0043, no measures 
1996 
96/0097, no measures 
96/0079, no measures 
suspended 
96/0097, no measures 
96/013 5, no measures 
1996 
96/0153, no measures 
terminated in 1996 
96/0166, no measures 
1996 
96/0474, no measures 
96/0185, no measures 
1996 
96/0591, no measures 
96/0497, no measures 
96/0206, no measures 
in 1996 

notified, reasoned opimon in 1996 
notified,  Art.  169 letter in 1996, terminated in 

notified,  reasoned opinion in 1996 
notified, reasoned opinion to be sent, 

notified, reasoned opimon in 1996 

notified,  Art.  169 letter in  1996, tenninated in 

notified, Art.  169 letter sent in 1996, 

notified,  Art.  169 letter in 1996, tenninated in 
notified, reasoned opinion to be sent 
notified,  Art.  169 letter in 1996, tenninated in 

notified,  reasoned opimon to be sent 
notified, reasoned opinion to be sent 
notified, reasoned opinion in  1996, terminated 

245 

Recognition of  qualifications 

63/0261 
Freedom of establishment for agricultural workers 
Member States which have notified  implementing measures: all 

63/0262 
Freedom of establishment  in agriculture - holdings abandoned " 
Member States which have notified  implementing measures: all 

64/0222 
Wholesale trade and intermediaries in commerce, industry and small craft  industries  (transitional 

Member States winch have notified  implementing measures: all 

measures) 

64/0223 
Freedom of establishments - wholesale trade 
Member States winch have notified  implementing measures: all 

64/0224 
Freedom of establishment  - intermediaries in commerce, industry and small craft  industries 
Member States winch have notified  implementing measures: all 

64/0427 
Processing industries (Transitional  measures) 
Member States winch 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 

246 

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 

67/0531 
Agricultural leases 
Member  States winch 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  implementmg measures: all 

68/0192 
Freedom of access to credit for  farmers 
Member States winch have notified  implementing measures: all 

247 

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, reasoned 

opinion in 1996 

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 

68/0415 
Freedom of access to aid for  fanners 
Member  States which have notified  implementing measures: all 

248 

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 

74/0556 
Toxic products (transitional measures) 
Member States winch 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 wliich have notified  implementing measures: all 

Spain 

-  90/0981, not properly implemented, reasoned opinion in  1991, 
suspended in 1992, and in  1993, suppl. Art.  169 letter in 1996 

(*) This Directive was consolidated by Directive 93/16 

249 

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 

77/0452 
Mutual recognition of qualifications  - nurses 
Member  States winch have notified  implementing measures: all 

United Kingdom 

-  91/4846, not properly applied, terminated in 1996 

77/0453 
Activities of nurses 
Member  States winch 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. Ait.  169 letter) in 1995 
and in 1996 

250 

78/0686 
Dentists 
Member States which have notified  implementing measures: all 

Germany 

-  87/434, not properly applied, reasoned opinion in 1992, referral 

Spain 

Italy 

decided in 1993, immediate action (referral) in 1996 

-  90/411, not properly applied, reasoned opinion in  1992, postponed 

in 1996 

-  90/412, not properly applied, referral  in  1993, judgment in 1995 

(Case C-93/40), postponed in 1996 

78/0687 
Dentists 
Member  States which have notified  implementing measures: all 

Spain 

Italy 

-  90/411, not properly applied, reasoned opinion in 1992, postponed 

in 1996 

-  90/412, not properly applied, referral  in  1993, judgment in 1995, 

(Case C-93/40), postponed in 1996" 

78/1026 
Veterinary  surgeons 
Member  States which have notified  implementing measures: all 

78/1027 
Veterinary  surgeons 
Member  States winch have notified  implementing measures: all 

80/0154 
Mutual recognition of qualifications  - midwives 
Member  States winch have notified  implementing measures: all 

80/0155 
Activities of midwives 
Member States which have notified  implementing measures: all 

.51 

81/1057 
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 

(*) This Directive was consolidated by Directive 93/16 

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 

85/0384 
Architects 
Member States which have notified  implementing measures: all 

Spain 

Italy 

-  90/0349, not properly implemented, referral in 1992, immediate 

action (referral) in 1996 

-  94/0003, not properly implemented, Art.  169 letter in  1994, reasoned 

opinion in 1995, tenninated in 1996 

252 

85/0432 
Pharmacists 
Member States which have notified  implementing measures: all 

Italy 

-  91/820, not properly applied, referral  in  1994 (Case C-94/307), 

Belgium 

-  88/0265, not properly implemented, tenninated in 1996 

postponed in 1996 

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 winch have notified  implementing measures: all 

Spain 

-  90/0349, not properly implemented, reasoned opimon in 1992, 

suspended (referral)  in  1993, immediate action (referral)  in 1996 

86/0017 
Architects 
Member  States winch have notified  implementing measures: all 

Spain 

-  90/0349, not properly implemented, reasoned opinion in 1992, 

suspended (referral)  in 1993, immediate action (referral) in 1996 

86/0457  (*) 
Training in general medicine 
Member States which have notified  implementing measures: all 

Germany 

-  91/0787, not properly applied, Ait.  169 letter in 1991, suppl. Art. 

169 letter in  1993, terminated in 1996 

(*) This Directive was consolidated by Directive 93/16 

253 

89/0048 
Recognition of qualifications  higher education 
Member States which have notified  implementing measures: all except EL and A. 

Belgium 

Greece 

-  91/653, no measures notified,  referral  in  1994, judgment in 1995 
(Case C-94/316), Art.  171 letter in 1996, terminated in 1996 

-  91/668, no measures notified, reasoned opinion in  1992, referral in 
1994, judgment in 1995 (Case C-93/365), Art.  171 letter in 1996 
(Art.  171 reasoned opimon to be sent) 

89/0594 
Recognition of qualifications  - doctors, nurses, dentists, veterinary surgeons, midwives 
Member States which have notified  implementing measures: all except E and P 

Spain 

France 

-  92/154, no measures notified, reasoned opinion in  1995, referral in 

1996, tenninated in 1996 

-  92/2292, not properly implemented, reasoned opimon decided in 

Portugal 

-  92/512, no measures notified,  reasoned opinion in  1995, terminated 

1994, referral  in 1996 

in 1996 

89/0595 
Recognition of qualifications  - 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, postponed in 1996 

:54 

90/0658  (*) 
Recognition of qualifications  -Gennan  unification 
Member States which have notified unplementing measures: DK, D, EL, F, IRL, I, L, NL 

Belgium 

-  92/0055, no measures notified, reasoned opinion in 1994, postponed 

in  1995, terminated in 1996 

Spain 

-  92/0175, no measures notified, reasoned opinion in  1993, referral in 

1995 

Portugal 

-  92/487, no measures notified, reasoned opinion in  1993, terminated 

in 1996 

United Kingdom 

-  92/551, no measures notified,  suspended (reasoned opinion) in 1993, 
immediate action (reasoned opinion) in  1995, postponed in 1996 

(*) This Directive was consolidated by Directive 93/16 

92/0051 
Mutual recognition of diplomas - second general system 
Member  States which have notified  implementing measures: all except EL 

Belgium 

Greece 

-  94/0623, no measures notified,  reasoned opinion in  1995, referral in 

1996, suspended 

-  94/0702, no measures notified,  reasoned opimon in  1995  (referral 

scheduled for  1997 

94/0038 
Amendment of Annexes C and D to Directive 92/51 
Implementing measures not required in some countries winch have already transposed  Directive 

92/51 

Belgium 
Germany 
Greece 
France 
Italy 
Portugal 
United  Kingdom 

95/0030, no measures notified,  postponed  in 1996 
95/0051, no measures notified,  tenninated  in 1996 
95/0074, no measures notified,  reasoned opinion in 1996 
95/0107, no measures notified, tenninated in 1996 
95/0140, no measures notified,  postponed in 1996 
95/0187, no measures notified,  reasoned opinion in  1996 
95/0209, no measures notified,  terminated  in 1996 

95/0043 
Amendment of Annexes C and D to Directive 92/51 
Implementing measures not requiied in some countries which have already transposed  Directive 

92/51/CEE 

255 

Independent commercial agents 

86/0653 
Independent commercial agents 
Member States which have notified implementing measures: all 

Ireland 
Italy 
Portugal 
United Kingdom 

-  94/2287, not properly implemented, Art. 169 letter in 1995 
-  95/2178, not properly implemented, Art. 169 letter in 1996 
-  95/2304, not properly implemented, Art. 169 letter in 1996 
-  91/4846, not properly implemented, terminated in 1996 

256 

-  Services 

Audiovisual media 

89/552 
Television without  frontiers 
Member States which have notified implementing measures: all 

Belgium 

United Kingdom 

United Kingdom 
Netherlands 
France 

-  92/2159, not properly implemented, referral in 1995, Case C-l 1/95 
judgment du 10.09.1996 
-  92/2167, not properly implemented, referral in 1994, Case C-222/94, 
judgment du 10.09.1996 
-  92/4089, not properly applied, referral in 1995 (scheduled) 
-  92/2165, not properly implemented, reasoned opinion in 1995 
-  92/2164, not properly implemented, suppl. reasoned opimon in 1996 (to 

be sent) 

-  92/2163, not properly implemented, reasoned opinion in 1994, 

tenninated in 1996 

-  95/4452, not properly applied, reasoned opinion in 1996 (to be sent) 
-  93/2158, not properly implemented, reasoned opinion in 1994 
-  92/2166, not properly implemented, reasoned opinion in 1994 
-  92/2168, not properly implemented, suppl. reasoned opimon in 1996 (to 

be sent) 

Ireland 

Greece 
Greece 
Portugal 
Italy 

Telecommunications 

87/0372 
Cellular communications - frequency bands to be reserved 
Member States which have notified implementing measures: all 

90/0387 
Telecoinmunications - open network provision (ONP) 
Member States which have notified implementing measures: all. 

257 

90/0544 
Frequency bands for radio paging 
Member States which have notified implementing measures: all 

91/0263 
Telecommunications tenninal 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, 

Greece 

Ireland 

referral in 1994 - Case C-94/218 

-  92/0975, no measures notified, Art. 169 letter in 1992, 

referral in 1994 - Case C-94/260 

-  92/0985, no measures notified, Art. 169 letter in 1992, 

referral in 1994 

Luxembourg 

-  92/0994, no measures notified, Art. 169 letter in 1992, 

referral in 1994 

91/0287 
Cordless telecommunications - frequency bands 
Member States winch have notified implementing measures: all 

92/0044 
Application of open network provision to leased lines 
Member States winch have notified implementing measures: B, DK, D, F, IRL, I, NL, P, UK. 

Greece 
Spain 
Luxembourg 

-  93/0712, no measures notified, referral in 1994-Case C-94/259 
-  93/0725, no measures notified, referral in 1994-Case C-94/266 
-  93/0816, no measures notified, referral in 1994-Case C-94/220 

93/0097 
Satellite Earth-station equipment 
Member States winch have notified implementing measures: DK, D, F, UK. 

Belgium 
Greece 
Spain 
Ireland 
Italy 
Luxembourg 

95/0399, no 
95/0453, no 
95/0479, no 
95/0524, no 
95/0544, no 
95/0567, no 

measures notified, Art. 
measures notified, Art. 
measures notified, Art. 
measures notified, Art. 
measures notified, Art. 
measures notified, Ait. 

169 letter in 1995 
169 letter in 1995 
169 letter in 1995 
169 letter in 1995 
169 letter in 1995 
169 letter in 1995 

258 

Netherlands 
Portugal 
Austria 

-  95/0588, no measures notified, Art. 169 letter in 1995 
-  95/0605, no measures notified, Art.  169 letter in 1995 
-  96/0458, no measures notified, Art. 169 letter in 1996 

95/0047 
Standards for the transmission of television signals 

96/0870, 
96/0882, 
96/1072, 
96/1089, 
96/0923, 
96/0985, 
96/1054, 
96/0966, 
96/1021, 
96/0899, 
96/1004, 
96/0946, 
96/1113, 
96/1127, 
96/1043, 

no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 

notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified, Art. 
notified. Art. 

169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 

in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 
in 1996 

Belgium 
Denmark 
United Kingdom 
Austria 
Greece 
Ireland 
Portugal 
France 
Luxembourg 
Germany 
Italy 
Spain 
Finland 
Sweden 
Netherlands 

Financial services 

64/0225 
' 
Freedom of establishment 
Member States winch have notified implementing measures: all 

72/0166 
First Directive on insurance for motor vehicles 
Member States which have notified implementing measures: all 

73/0183 
Freedom of establishment for banks 
Member States winch have notified implementing measures: all 

259 

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 winch have notified implementing measures: all 

Luxembourg 

-  92/2284, not properly applied, reasoned opinion in 1995, referral in 

Greece 

-  91/0775, not properly applied, reasoned opinion in 1994 

1996, terminated in 1996 

77/0780 
First Directive on the coordination of banking laws 
Member States winch have notified implementing measures: all 

78/0473 
Community co-insurance 
Member States winch 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 pubhshed 
Member States which have notified implementing measures: all 

82/0121 
Information to be published regularly by companies 
Member States winch have notified implementing measures: all 

260 

84/0005 
Second Directive on motor-vehiçle insurance 
Member States which have notified implementing measures: all 

Spain 

-  95/2048, not properly applied, reasoned opinion in 1996 

84/0641 
Tourist assistance 
Member States which have notified implementing measures: all 

85/0611 
Undertakings for collective investment 
Member States winch have notified implementing measures: all 

86/0635 
Annual accounts of banks 
Member States which have notified implementing measures: all 

Italy 

-  96/2021, not properly applied, Art. 169 letter in 1996 

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 pubhshed 
Member States which have notified implementing measures: all 

88/0220 
Investment policy of certain undertakings for collective investment in transferable securities 
Member States which have notified implementing measures: all 

261 

88/0357 
Second Directive on insurance other than life assurance 
Member States which have notified implementing measures: all 

Greece 

-  90/0631, no measures notified, referral (C-94/207) in 1994, judgment 

du 29.6.95, terminated in 1996 

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 

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 winch have notified implementing measures: all 

89/0592 
Insider dealing 
Member States winch have notified implementing measures: all 

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 

262 

90/0211 
Admission of securities to stock-exchange listing - particulars to be pubhshed 
Member States which have notified implementing measures: all 

90/0232 
Third Directive on insurance for motor vehicles 
Member States which have notified implementing measures: all except B 

Belgium 
Spain 

-  93/0033, no measures notified, reasoned opinion in 1996 
-  93/0200, no measures notified, reasoned opinion in 1994, referral in 

1995, withdrawn in 1996 

90/0618 
Insurance of motor vehicles 
Member States which have notified implementing measures: all 

Greece 

Spain 

-  92/0606, no measures notified, referral in 1994 (Case C-l09/94), 

judgment du 29.6.95, tenninated in 1996 

-  92/0592, no measures notified, referral in 1994 (Case C-47/94), 

judgment du 6.4.95, terminated in 1996 

90/0619 
Second Directive on life assurance 
Member States which have notified implementing measures: all 

Greece 

Spain 

-  92/0974, no measures notified, referral in 1994 (Case C-225/94), 

judgment du 29.6.95, terminated in 1996 

-  92/0981, no measures notified, referral in 1994 (Case C-242/94), 

judgment du 12.10.95, terminated in 1996 

91/0308 
Money laundering 
Member States which have notified implementing measures: all 

Austria 

-  95/2121, not properly implemented, reasoned opimon in 1996 

263 

91/0371 
Implementation of the agreement between the EEC and Switzerland on insurance 
Member States which have notified implementing measures: all except E 

Greece 

Spain 

Ireland 

-  93/0916, no measures notified, reasoned opinion in 1994, referral in 

1996, withdrawn in 1996 

-  93/0917, no measures notified, reasoned opinion in 1994, referral in 

1995 (Case C-360/95) 

-  93/0931, no measures notified, reasoned opinion in 1994, referral in 

1995, withdrawn in 1996 

Luxembourg 

-  93/0939, no measures notified, reasoned opimon in 1994, referral in 

1995, withdrawn in 1996 

91/0633 
Own funds of credit institutions 
Member States which have notified implementing measures: all 

91/0674 
Annual accounts of insurance undertakings 
Member States which have notified implementing measures: all except E, I 

Belgium 

-  94/0008, no measures notified, reasoned opinion in 1994, referral in 

Greece 

Spain 

Ireland 

Italy 

1995, tenninated in 1996 

-  94/0125, no measures notified, reasoned opimon in 1994, referral in 

1996, withdrawn in 1996 

-  94/0136, no measures notified, Art. 169 letter in 1994, reasoned opinior 

in 1996 

-  94/0202, no measures notified, reasoned opimon in 1994, referral in 

1995, withdrawn in 1996 

-  94/0234, no measures notified, reasoned opinion in 1994, suspended in 

1995, referral in 1996 

92/0030 
Supervision of credit institutions 
Member States which have notified implementing measures: all except A 

264 

92/0049 
Third Directive on insurance odier than life assurance 
Member States which have notified implementing measures: all except E 

Belgium 
Germany 
Greece 

Spain 

France 

-  95/2112, not properly applied (reasoned opinion to be sent in 1997) 
-  94/4124, not properly applied, Art. 169 letter in 1994 
-  94/0124, no measures notified, reasoned opimon in 1994, referral in 

1995, withdrawn in 1996 

-  94/0140, no measures notified, reasoned opinion in 1994, referral in 

1996 

-  95/2046, not properly implemented (reasoned opimon to be sent in 

1997) 

92/0096 
Third Directive on life assurance 
Member States winch have notified implementing measures: all except EL and E 

Greece 

Spain 

France 

-  94/0116, no measures notified, reasoned opinion in 1994, referral in 

1995, withdrawn in 1996 

-  94/0145, no measures notified, reasoned opimon in 1994 (referral 

scheduled for 1997) 

-  95/2046, not properly implemented (reasoned opinion to be sent in 

1997) 

92/0121 
Large exposures of credit institutions 
Member States which have notified implementing measures: all 

93/0006 
Capital  adequacy 
Member States which have notified implementing measures: all except D 

Germany 

-  96/0034, no measures notified, reasoned opimon in 1996 

265 

93/0022 
Investment services 
Member States which have notified implementing measures: all except D, E, EL, L and A 

Belgium 

-  95/0392, no measures notified, Art.  169 letter in 1995, terminated in 

1996 

Denmark 

-  95/0420, no measures notified, Art. 169 letter in 1995, terminated in 

1996 

Germany 

-  95/0431, no measures notified, Art. 169 letter in 1995, reasoned opinioi: 

Greece 

Spain 

France 

Italy 

in 1996 (referral scheduled for 1997) 

-  95/0449, no measures notified, Art. 169 letter in 1995 (reasoned 

opinion to be sent in 1997) 

-  95/0475, no measures notified, Art.  169 letter in 1995 (reasoned 

opinion to be sent in 1997) 

-  95/0499, no measures notified, Art. 169 letter in 1995, terminated in 

1996 

-  95/0540, no measures notified, Art. 169 letter in 1995, tenninated in 

1996 

Luxembourg 
Netherlands 

-  95/0566, no measures notified, Art. 169 letter in 1995 
-  95/0586, no measures notified, Art. 169 letter in 1995, terminated in 

1996 

Portugal 

-  95/0602, no measures notified, Art. 169 letter in 1995 (reasoned 

opinion to be sent in 1997) 

United Kingdom 

-  95/0630, no measures notified, Art. 169 letter in 1995, terminated in 

1996 

94/0007 
Multilateral Development Banks 
Member States which have notified implementing measures: all 

94/0019 
Deposit guarantee schemes 
Member States winch have notified implementing measures: all except D, L 

Germany 
Luxembourg 

-  94/0032, no measures notified, reasoned opimon in 1996 
-  95/0572, no measures notified, reasoned opinion in 1996 

266 

95/0026 
"Post-BCCI" Directive 
Member States winch have notified implementing measures: DK, Netherlands, A, P, FIN, S, UK 

Belgium 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 

96/0862, no measures notified (Art. 169 letter to be sent in 1997) 
96/0890, no measures notified (Art. 169 letter to be sent in 1997) 
96/0916, no measures notified (Art. 169 letter to be sent in 1997) 
96/0941, no measures notified (Art. 169 letter to be sent in 1997) 
96/0958, no measures notified (Art. 169 letter to be sent in 1997) 
96/0980, no measures notified (Art. 169 letter to be sent in 1997) 
96/0999, no measures notified (Art. 169 letter to be sent in 1997) 
96/1015, no measures notified (Art. 169 letter to be sent in 1997) 

96/0010 
"Netting" Directive 
Member States which have notified implementing measures: all except EL, A and P96/0629 

Greece 

-  no measures notified,Art.  169 letter in 1996, to be sent 

267 

-  Company law 

68/0151 
First Directive on company law 
Member States which have notified implementing measures: all except FIN 

Germany 
Finland 

-  90/0322, not properly applied, referral in 1995 
. -  96/0558, no measures notified, Art. 169 letter in 1996 

77/0091 
Second Directive Company law 
Member States which have notified implementing measures: all except FIN 

Finland 

-  96/0560, no measures notified, Art. 169 letter in 1996 

78/0660 
Annual accounts of companies 
Member States which have notified implementing measures: all except FLN 

Germany 
Portugal 
Finland 

-  90/0322, not properly applied, referral in 1995 
-  96/2050, not properly applied, Art. 169 letter in 1996 
-  96/0561, no measures notified, Art. 169 letter in 1996 

78/0855 
Company mergers 
Member States which have notified implementing measures: all except FLN 

Finland 

-  96/0562, no measures notified, Art. 169 letter in 1996 

82/0891 
Division of companies 
Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, A, P, 

UK. 

268 

83/0349 
Consolidated accounts of companies 
Member States which have notified implementing measures: all except FLN 

Finland 

-  96/0567, no measures notified, Art. 169 letter in 1996 

84/0253 
Audit of accounting documents 
Member States which have notified implementing measures: all 

89/0666 
Disclosure requirements for company branches 
Member States which have notified implementing measures: all except FLN 

Finland 

-  96/0575, no measures notified, Art. 169 letter in 1996 

89/0667 
Single-member private limited companies 
Member States which have notified implementing measures: all except FLN 

Finland 

-  96/0576, no measures notified, Art. 169 letter in 1996 

90/0604 
Annual accounts - consolidated accounts: publication in ECUs 
Member States winch have notified implementing measures: all except FLN 

Finland 

-  96/0577, no measures notified, Art. 169 letter in 1996 

90/0605 
Annual accounts - consolidated accounts: scope of application 
Member States which have notified implementing measures: all except D and FLN 

Germany 
Finland 

- • 93/0108, no measures notified (referral scheduled for 1997) 
-  96/0578, no measures notified, Art. 169 letter in 1996 

269 

92/0101 
Maintenance and alteration of the capital of public limited-habihty companies 
Member States which have notified implementing measures: B, DK, D, E, F, I, NL, A, P, S and UF 

Greece 
Ireland 
Luxembourg 
Portugal 
Finland 

-  no measures notified, reasoned opinion in 1996 
-  94/0458, no measures notified, reasoned opinion in 1995 
-  94/0473, no measures notified, reasoned opinion in 1995 
-  94/0489, no measures notified, terminated in 1996 
-  96/0584, no measures notified, Art. 169 letter in 1996 

270 

-  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: all 

Belgium 

Ireland 

-  93/0038, no measures notified, Art. 169 letter in 1993, terminated in 

1996 

-  93/0289, no measures notified, Art. 169 letter in 1993, terminated in 

1996 

Luxembourg 

-  93/0369, no measures notified, Art. 169 letter in 1993, 

Netherlands 

tenninated in 1996 
-  93/0404, no measures notified, Art. 169 letter in 1993, tenninated in 

1996 

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 (reasoned 

opinion to be sent in 1997) 

92/0100 
Rental and lending right 
Member States winch have notified implementing measures: all except LRL, I, P 

Ireland 

-  94/0855, no measures notified, Art. 169 letter in 1995 (easoned opinion 

to be sent in 1997) 

Luxembourg 

-  94/0894, no measures notified, Art. 169 letter in 1995, reasoned opinion 

in 1996 (carried over to 1997) 

Portugal 

-  94/0927, no measures notified, Art. 169 letter in 1995, reasoned opimon 

in 1996 (referral scheduled for  1997) 

United Kingdom 

-  94/0952, no measures notified, Art. 169 letter in 1995, reasoned opinion 

in 1996 (to be tenninated in 1997) 

271 

93/0083 
Copyright relating to satellite broadcasting and cable retransmission 
Member States which have notified implementing measures: B, DK, E, F, I, NL, A, FIN, S, UK. 

Germany 

Greece 

France 

Ireland 

Italy 

Luxembourg 

Portugal 

United Kingdom 

95/0047, no measures notified, Art. 169 
opinion to be sent in 1997) 
95/0065, no measures notified, Art. 169 
in 1996 (referral scheduled for 1997) 
95/0102, no measures notified, Art. 169 
in 1996 (to be terminated in 1997) 
95/0114, no measures notified, Art. 169 
in 1996 (referral scheduled for 1997) 
95/0132, no measures notified, Art. 169 
in 1996 (to be terminated in 1997) 
95/0147, no measures notified, Art. 169 
in 1996 (to be terminated in 1997) 
95/0177, no measures notified, Art. 169 
in 1996 (referral scheduled for 1997) 
95/0201, no measures notified, Art. 169 
in 1996 

letter in 1995 (reasoned 

letter in 1995, reasoned opinion 

letter in 1995, reasoned opinion 

letter in 1995, reasoned opinion 

letter in 1995, reasoned opinion 

letter in 1995, reasoned opinion 

letter in 1995, reasoned opinion 

letter in 1995, reasoned opinion 

93/0098 
Tenn of protection of copyright and certain related  rights. 
Member States which have notified implementing measures: all except L, P 

France 

-  95/0502, no measures notified, Art. 169 letter in 1995 (to be termiiiated 

in 1997) 

Luxembourg 

-  95/0568, no measures notified, Art. 169 letter in 1995, reasoned opinion 

decided in 1996 (suspended in 1997) 

Portugal 

-  95/0606, no measures notified, Art.  169 letter in 1995, reasoned opinion 

in 1996 (referral scheduled for 1997) 

272 

-  Public procurement 

71/0305 
Public works contracts (amended by Directive 89/440) 
Member States which have notified implementing measures: all 

Spain 

-  90/0875, not properly implemented, terminated in 1996 

» 

77/0062 
Public supply contracts (amended by Directive 88/0295) 
Member States which have notified implementing measures: all 

Spain 

-  90/0875, not properly implemented, terminated iii 1996 

80/0767 
Public supply contracts 
Member States which have notified implementing measures: all 

88/0295 
Public supply contracts (amending Directive 77/62) 
Member States which have notified implementing measures: all 

Italy 
Portugal 

-  92/4023, not properly implemented, terminated in 1996 
-  94/2104, not properly implemented, reasoned opinion in 1996 

89/0440 
Public works contracts (amending Directive 71/305) 
Member States which have notified implementing measures: all 

Belgium 

-  93/2156, not properly implemented, reasoned opinion in 1994, 

suspended in 1995, suppl. Art. 169 letter in 1996 

273 

89/0665 
Public contracts - review procedures 
Member States winch have notified implementing measures: all 

Germany 

-  95/2044, not properly implemented, Art. 169 letter in 1995, reasoned 

opinion in 1996 

Greece 

Greece 

-  92/0271, no measures notified, referral in 1995 (Case C-95/236), 

judgment du 19.9.96 

-  94/2153, not properly implemented, reasoned opinion in 1995, referral 

in 1996 

Portugal 

-  94/2236, not properly implemented, reasoned opinion in 1995, suppl. 

Art. 169 letter/reasoned opinion in 1996 

90/0531 
Public contracts - excluded sectors 
Member States which have notified implementing measures: all except E 
(EL and P: derogation until 1998). 

United  Kingdom 

-  94/2054, not properly implemented, Art. 169 letter in 1995, termination 

proposed in 1996 

92/0013 
Public contracts - review procedures (excluded sectors) 
Member States winch have notified implementing measures: all except E, A 
(EL and P: derogation until 1997) 

France 
Ireland 

Italy 

-  95/2082, not properly implemented, reasoned opimon in 1995 
-  95/2083, not properly implemented, Art.  169 letter in 1995, terminated 

in 1996 

-  95/2071, not properly implemented, Art. 169 letter in 1995, reasoned 

opimon in 1996 

United  Kingdom 

-  95/2084, not properly implemented, Art. 169 letter in 1995, reasoned 

opinion in 1996 

92/0050 
Public service contracts 
Member States winch have notified implementing measures: all except B, D, EL, F and A 

Belgium 

-  93/0628, no measures notified, reasoned opinion in 1995, referral in 

1996 

274 

Belgium 

-  94/2289, not properly implemented, Art. 169 letter in 1995, reasoned 

Germany 

-  93/0676, no measures notified, reasoned opinion in 1994, refenal in 

.opinion in 1996 

Greece 

France 

France 

1995, judgment du 2.5.1996 

-  93/0711, no measures notified, referral in 1995 (Case C-95/311 ), 

judgment du 2.5.1996 

-  93/0744, no measures notified, referral in 1995 (Case C-95/234), 

judgment du 2.5.1996 

-  95/2073, not properly implemented, reasoned opinion in 1995 

93/0036 
Public supply contracts 
Member States which have notified implementing measures: all except B, D, F, I and A 

Belgium 

Belgium 

-  94/0626, no measures notified, reasoned opimon in 1995, referral in 

1996 

-  94/2289, not properly implemented, Art. 169 letter in 1995, reasoned 

opinion in 1996 

Germany 

-  94/0650, no measures notified, reasoned opinion in 1995, referral in 

1996 

France 

France 
Italy 

-  94/0677, no measures notified, reasoned opimon in 1995, refenal 

in 1995 

-  95/2073, not properly implemented, reasoned opinion in 1995 
-  94/0722, no measures notified, reasoned opimon in 1994, referral in 

1996 

93/0037 
Public works contracts ( consolidation) 
The Member State are not required to notify measures implementing this directive 

Belgium 

France 
Italy 

-  94/2289, not properly implemented, Art. 169 letter in 1995, reasoned 

opinion in 1996 

-  95/2073, not properly implemented reasoned opinion in 1995 
-  94/4576, not properly implemented, reasoned opimon in 1996 

275 

93/0038 
Public contracts - excluded sectors 
Member States which have notified implementing measures: all except D, F and A 
(E: derogation until 1997, EL and P: derogation until 1998) 

Germany 

-  94/0811, no measures notified, reasoned opinion in 1995, referral in 

1996 

Belgium 
France 

-  94/0783, no measures notified, referral in 1996* 
-  94/0838, no measures notified, reasoned opinion in 1995, referral in 

1996 

United Kingdom 

-  94/0957, no measures notified, reasoned opinion in 1995, termination 

* irifringement for incomplete transposai 

proposed in 1996 

276 

REMOVAL OF TAX BARRIERS 

Corporate taxation 

69/0335 
Tax system - Indirect taxes on the raising of capital 
Member States which have notified implementing measures: all 

Greece 
Italy 

-  9112193, not properly implemented, reasoned opinion in 1996 
-  94/5101, not properly implemented (Art. 169 letter to be sent in 1997) 

77/0799 
Tax system - Mutual assistance - direct taxes 
Member States which have notified implementing measures: all 

United Kingdom 

-  92/2196, not properly implemented (Art.  169 letter to be sent in 1997) 

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  (referral 

scheduled for 1997) 

90/0435 
Tax system - Parent companies and subsidiaries 
Member States which have notified implementing measures: all 

277 

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 

Portugal 

-  91/2015, not properly apphed, reasoned opimon in 1995 

77/0388 
Sixth VAT Directive 
Member States which have notified implementing measures: all 

Germany 
Greece 
Greece 
Greece 
Spain 
Spain 
Spain 
Spain 
France 

France 
France 
France 
France 
France 
Ireland 
Italy 
Italy 
Italy 
Luxembourg 
Netherlands 
Portugal 
Portugal 

-  93/2142, not properly apphed, reasoned opinion in 1996 
-  88/0199, not properly apphed, reasoned opinion in 1989 
-  91/0778, not properly apphed, referral in 1994 - Case C-94/331 
-  92/2233, not properly applied, reasoned opinion in 1995 
-  90/003 3, not properly apphed, reasoned opimon in 1996 
-  92/2073, not properly apphed, referral in 1996 - Case C-96/124 
-  92/2232, not properly apphed, reasoned opinion in 1995 
-  94/4684, not properly apphed, reasoned opinion in 1996 
-  88/0053, not properly apphed, judgment in 1993 - Case C-92/68, 

suppl. Art. 169 letter 171 in 1996 

-  88/0213, not properly apphed, reasoned opinion in 1989 
-  91/0706, not properly applied, referral in 1996 - Case C-96/043 
-  91/0798, not properly apphed, reasoned opinion in 1994 
-  92/2069, not properly apphed, referral in 1996 - Case C-96/060 
-  93/4391, not properly apphed, reasoned opinion in 1996 
-  88/0200, not properly applied, reasoned opinion in 1989 
-  92/2002, not properly apphed, referral in 1995 - Case C-95/45 
-  92/2259, not properly applied, reasoned opinion in 1995 
-  95/2038, not properly apphed, reasoned opimon in 1996 
-  91/0738, not properly apphed, referral in 1996 - Case C-96/152 
-  88/0201, not properly applied, reasoned opinion in 1989 
-  90/0084, not properly apphed, reasoned opinion in 1996 
-  92/2074, not properly apphed, reasoned opimon in 1994 

278 

Portugal 
United Kingdom 

-  93/2141, not properly applied, reasoned opinion in 1996 
-  88/0202, not properly apphed, reasoned opimon 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 

79/1071 
Mutual assistance - debts 
Member States which have notified implementing measures: all 

79/1072 
Eighth VAT Directive 
Member States which have notified implementing measures: all 

Spain 

France 

-  91 /4161, not properly apphed, referral in 1995 - Case C-95/16, 

tenninated in 1996 

-  92/4607, not properly apphed, reasoned opinion in 1996 

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 

279 

83/0183 
Tax exemptions - 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 winch have notified implementing measures: all 

85/0576 
Tax exemptions for small consignments 
Member States which have notified implementing measures: all 

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 winch have notified implementing measures: all 

89/0219 
VAT - final import of goods 
Member States winch have notified implementing measures: all 

89/0220 
Exemptions - combined nomenclature 
Member States winch have notified implementing measures: all 

280 

89/0465 
18th VAT Directive 
Member States which have notified implementing measures: all 

Italy 
Netherlands 

-  92/2242, not properly apphed, reasoned opimon in 1996 
-  92/2241, not properly apphed, referral in 1996 - Case C-96/310 

89/0604 
Tax exemptions - 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 

92/0012 
Arrangements for products subject to excise duty. 
Member States winch have notified implementing measures: all 

92/0077 
Approximation of VAT rates 
Member States winch have notified implementing measures: all. 

92/0079 
Taxes on cigarettes 
Member States winch 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 winch have notified  implementing measiu-es: all 

2S1 

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 

France 

-  95/2019, not properly applied, reasoned opimon in 1996 

92/0108 
Products subject to excise duties - Amendment to Directives 92/12/CEE and 92/81/CEE 
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 winch have notified implementing measures: all 

Portugal 

-  95/0182, no measures notified, Art.  169 letter in 1995, tenninated in 

1996 

282 

94/0074 
Amendment Directives 92/12/CEE, 92/81/CEE and 92/82/CEE 
Member States winch have notified implementing measures: all 

Belgium 

Denmark 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

Luxembourg 

Portugal 

United Kingdom 

95/0412, no measures notified, Art. 
1996 
95/0428, no measures notified, Art. 
1996 
95/0442, no measures notified, Art. 
1996 
95/0468, no measures notified, Ait. 
1996 
95/0493, no measures notified, Ait. 
1996 
95/0515, no measures notified, Art. 
1996 
95/0534, no measures notified, Ait. 
1996 
95/0558, no measures notified, Art. 
1996 
95/0579, no measures notified, Art. 
1996 
95/0622, no measures notified, Art. 
1996 
95/0641, no measures notified, Art. 
1996 

169 letter in 1995, terminated in 

169 letter in 1995, tenninated in 

169 letter in 1995, tenninated in 

169 letter in 1995, terminated in 

169 letter in 1995, terminated in 

169 letter in 1995, terminated in 

169 letter in 1995, tenninated in 

169 letter in 1995, terminated in 

169 letter in 1995, terminated in 

169 letter in 1995, tenninated in 

169 letter in 1995, tenninated in 

94/0075 
Temporary derogation measures /amendment Directive 94/4/CE 
(addressed to: Germany and Austria) 
Member States winch have notified implementing measures: D and A 

94/0076 
VAT-measures in enlargement context 
Member States winch have notified implementing measures: all 

Belgium 

France 

-  95/0243, no measures notified, Art. 169 letter in 1995, tenninated in 

1996 

-  95/0301, no measures notified, Art. 169 letter in 1995, tenninated in 

1996 

28: 

Italy 

-  95/0332, no measures notified, reasoned opimon in 1996, tenninated in 

1996 

Luxembourg 

-  95/0348, no measures notified, Art. 169 letter in 1995,terminated in 

1996 

Netherlands 

-  95/0356, no measures notified, reasoned opimon in 1996, tenninated in 

1996 

Portugal 

-  95/0375, no measures notified, reasoned opimon in 1996, terminated in 

1996 

95/0007 
VAT- simplification measures -application of certain exemptions 
Member States winch have notified implementing measures: all except A and IT 

France 

Ireland 

Italy 
Austria 

Portugal 

Sweden 

-  96/0285, no measures notified, Art. 169 letter in 1996, tenninated in 

1996 

-  96/0299, no measures notified, Art. 169 letter in 1996, terminated in 

1996 

-  96/0308, no measures notified, Ait. 169 letter in 1996 
-  96/0476, no measures notified, Art. 169 letter in 1996, to be tenninated 

in 1997 

-  96/0342, no measures notified, Art.  169 letter in 1996, tenninated in 

1996 

-  96/0499, no measures notified, Art. 169 letter in 1996, tenninated in 

1996 

95/0059 
Tobacco consolidation directives 
Member States winch have notified implementing measures: National unplementing measures not 

required 

95/0060 
Fiscal marking of gas oils and kerosene 
Member States winch have notified implementing measiu-es : National unplementmg measures not 

required 

284 

96/0042 
VAT- horticulture and floriculture 
Member States which have notified implementing measures: FLN, IT, NL 

no measures 
no measures 

notified, 
notified, 

Art. 169 letter in 1996 
Art. 169 letter in 1996, to be tenninated 

Belgium 
Denmark 

Germany 
Greece 
Spain 
France 
Ireland 
Luxembourg 
Austria 
Portugal 
Sweden 
United Kingdom 

96/0876, 
96/0886, 
in 1997 
96/0907, 
96/0933, 
96/0951, 
96/0973, 
96/0993, 
96/1028, 
96/1069, 
96/1063, 
96/1133, 
96/1075, 

no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 

notified, 
notified, 
notified, 
notified, 
notified, 
notified, 
notified, 
notified, 
notified, 
notified. 

Art. 169 
Art. 169 
Art. 169 
Art. 169 
Art. 169 
Art. 169 
Art. 169 
Art. 169 
Art. 169 
Art. 169 

letter in 1996 
letter in 1996 
letter in 1996 
letter in 1996 
letter in 1996 
letter in 1996 
letter in 1996 
letter in 1996 
letter in 1996 
letter in 1996 

285 

2.  CONSUMER  PROTECTION  AND PRODUCT  SAFETY 

71/0307 
Textile names. 
Member States wliich have notified  unplementing measures: all. 

72/0276 
Analysis of textile fibres. 
Member States which have notified  implementing measures: all. 

73/044 
Analysis of textile fibres. 
Member States which have notified  implementing measures: all. 

76/0768 
Cosmetics. 
Member States which have notified  implementing measures: all. 

France 

Portugal 
Greece 

-  86/0390, not properly implemented, judgment 05.05.93, Case C-

91/246, Ait.  171 letter in 1995. 

-  90/0207, not properly implemented, reasoned opimon in 1992. 
-  92/4341, not properly implemented, reasoned opinion in 1996. 

79/0076 
Analysis of textile  fibres. 
Member  States winch have notified  implementing measures: all. 

79/0581 
Indication of the prices of  foodstuffs. 
Member  States which have notified  implementing measures: all. 

Luxembourg 

-  93/2045, not properly implemented, Ait.  169 letter in 1994. 

286 

80/1335 
Cosmetics. 
Member  States winch have notified  unplementing measures: all. 

81/0075 
Analysis of textile fibres. 
Member States which have notified  implementing measures: all. 

82/0147 
Cosmetics. 
Member  States which have notified unplementing 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 wliich 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. 

287 

83/0574 
Cosmetics. 
Member States which have notified  implementing measures: all. 

83/0623 
Textile names. 
Member States which have notified  implementing measures: all. 

84/0415 
Cosmetics. 
Member States wliich have notified  implementing measures: all. 

84/0450 
Misleading advertising. 
Member  States which have notified  implementing measures: all. 

85/0391 
Cosmetics. 
Member  States which have notified  unplementmg measures: all. 

85/0490 
Cosmetics. 
Member  States which have notified  implementing measures: all. 

85/0577 
Contracts negotiated away from business premises. 
Member  States wliich have notified  unplementmg measures: all. 

Belgium 

-  91/0212, not properly implemented, reasoned opinion in  1993, 

referral  scheduled for  1997. 

Luxembourg 

-  93/2047, not properly implemented, reasoned opinion in 1996. 

86/0179 
Cosmetics. 
Member States which have notified  implementing measures: all. 

288 

86/0199 
Cosmetics. 
Member States winch have notified  implementing measures: all. 

87/0102 
Consumer credit. 
Member States which have notified  implementing measures: B, DK, D, EL, E, F, I, L, NL, A, P, 

FIN, S, UK. 

87/0137 
Cosmetics. 
Member  States winch have notified  implementing measures: all. 

87/0140 
Textile names. 
Member  States winch have notified  implementing measures: all. 

87/0143 
Cosmetics. 
Member  States wliich have notified  implementing measures: all. 

87/0184 
Analysis of textile fibres. 
Member States wliich have notified  unplementing measures: all. 

87/0357 
Dangerous, imitations. 
Member States which have notified  implementing measures: all. 

88/0357 
Analysis of textile  fibres. 
Member  States which have notified  implementing measures: all. 

289 

88/0233 
Cosmetics. 
Member States which have notified  implementing measures: all. 

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: B, DK, D, EL, E, IRL, I, L, NL, A 

,P, FIN, S, UK. 

France 

-  93/0242, no measures notified,  reasoned opinion in 1995, referai 

scheduled for  1997. 

90/0121 
Cosmetics. 
Member  States which have notified  implementing measures: all. 

200 

90/0207 
Cosmetics. 
Member States which have notified  unplementing measures: all. 

90/0314 
Package tours. 
Member States which have notified  implementing measures: B, DK, D, EL, E, F, IRL, I, L, A, P, 

FIN, S, UK. 

Netherlands 

-  93/2183, not properly implemented, reasoned opinion scheduled  for 

1997. 

91/0184 
Cosmetics. 
Member  States which have notified  implementing measures: all. 

92/0008 
Cosmetics. 
Member  States which have notified  implementmg measures: all. 

92/0059 
General product  safety. 
Member States which have notified  implementing measures: B, DK, EL, E, F, I, NL, A, P, FIN, 

S,UK. 

Germany 
Ireland  > 

-  94/0648, no measures notified,  Art.  169 letter in 1994. 
-  94/0710, no measures notified,  Art.  169 letter in  1994, reasoned 

opinion in 1996. 

Luxembourg 

-  94/0733, no measures notified,  reasoned opimon in  1995, refeiTal 

scheduled for  1997. 

92/0086 
Cosmetics. 
Member  States winch have notified  implementing measures: all. 

29 

93/0013 
Unfair  contract tenns. 
Member  States which have notified  implementmg measures: B, DK, EL, F, LRL, I, NL, A, P, 

FIN, S, UK. 

Germany 

-  95/0045, no measures notified,  Art.  169 letter in 1995, reasoned 

opinion in 1996. 

Spain 

-  95/0079, no measures notified,  Art.  169 letter in  1995, reasoned 

Luxembourg 

-  95/0145, no measures notified,  Art.  169 letter in 1995, reasoned 

opinion in 1996. 

opinion in 1996. 

93/0035 
Cosmetics. 
Member  States winch have notified  unplementing measures: DK, L, NL, A, FIN, S. 

Belgium 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Portugal 
United  Kingdom 

95/0393, 
95/0432, 
95/0450, 
95/0476, 
95/0508, 
95/0522, 
95/0541, 
95/0603, 
95/0631, 

no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 

notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 

169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 

in. 1995. 
in 1995. 
in 1995. 
in 1995. 
in 1995. 
in 1995. 
in 1995. 
in 1995. 
in 1995. 

93/0047 
Cosmetics. 
Member States winch have notified  implementing measures: B, DK, D, EL, E, F, I, L, NL, A, 

FIN, S, UK. 

Germany 

-  94/0651, no measures notified,  Art.  169 letter in  1994, terminated in 

1994. 

Belgium 

Greece 

-  94/0627, no measures notified,  Art.  169 letter in  1994, tenninated in 

1994. 

-  94/0697, no measures notified,  Art.  169 letter in  1994, tenninated in 

1995. 

Ireland 
Luxembourg 

-  94/0713, no measures notified,  Art.  169 letter in 1994. 
-  94/0735, no measures notified,  Art.  169 letter in  1994, tenninated in 

1994. 

292 

Netherlands 

-  94/0745, no measures notified, Art.  169 letter in  1994, terminated in 

Portugal 

-  94/0754, no measures notified,  Art.  169 letter in 1994. 

1995. 

93/0073 
Cosmetics. 
Member States which have notified  implementing measures: B, DK, D, EL, E, F, I, L, NL, A, 

FIN, S, UK. 

Ireland 
Luxembourg 

-  94/0862, no measures notified, Art.  169 letter in 1995. 
-  94/0908, no measures notified, Art.  169 letter in 1995, terminated in 

1995. 

Netherlands 

-  94/0920, no measures notified,  Art.  169 letter in 1994, terminated in 

Portugal 

-  94/0944, no measures notified, Art.  169 letter in 1995. 

1995. 

94/0032 
Cosmetics. 
Member States which have notified implementing measures: DK, D, E, F, I, L, NL, A, P, FIN S; 

UK. 

Belgium 

Greece 

Ireland 

Portugal 

-  95/0405, no measures notified, Art.  169 letter in  1995, reasoned 

opinion in 1996. 

-  95/0458, no measures notified,  Art.  169 letter in  1995, reasoned 

opimon in 1996. 

-  95/0528, no measures notified,  Art.  169 letter in 1995, reasoned 

opinion in 1996. 

-  95/0613, no measures notified, Ait.  169 letter in 1995, tenninated in 

1996. 

94/0047 
Time-sharing 
Member States which have notified  implementing measures: none 
Deadline for transposai: 29/04/97. 

293 

95/0017 
Cosmetics. 
Member States winch have notified  implementing measures: DK, L, NL, A, FIN. 

Belgium 

Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Portugal 
United  Kingdom 

96/0013, no measures 
opinion scheduled for 
96/0045, no measures 
96/0063, no measures 
96/0081, no measures 
96/0100, no measures 
96/0119, no measures 
96/0138, no measures 
96/0156, no measures 
96/0188, no measures 
96/0208, no measures 

notified,  Art. 
1997. 
notified, Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Art. 
notified,  Ait. 

169 letter in  1996, reasoned 

169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 
169 letter 

in 1996. 
in 1996. 
in 1996. 
m 1996. 
in 1996. 
in 1996. 
in 1996. 
in 1996. 
in 1996. 

95/0032 
Cosmetics. 
Member States which have notified  implementing measures: 

95/0034 
Cosmetics. 
Member  States wliich have notified  implementing measures: DK, D, E, F, I, L, NL, A, P, FIN, 

UK. 

96/0041 
Cosmetics. 
Member  States which have notified  implementing measures: none. 

96/0045 
Cosmetics. 
Member  States which have notified  implementing measures: none. 

294 

3. COMPETITION 

88/0301 
Competition in the markets for telecommunications  terminals 
Member States which have notified  unplementing measures: all 

90/0388 
Competition in the markets for telecommunications  services 
Member States which have notified  implementing measures: all except EL 

Greece 

Italy 

-  91/0352, no measures notified,  reasoned opimon, refen-al in 1994, 

Case C-94/281 

-  94/2004, no measures notified,  Art.  169 letter in 1994, 

tenninated in 1996 

93/0084 
Transparency of financial relations between Member States and public imdertakings 
Member  States which have notified  implementing measures: all 

Belgium 

Greece 

-  93/0030, no measures notified,  reasoned opinion in  1996, tenninated 

in 1996 

-  94/0102, no measures notified, reasoned opinion in 1996, tenninated 

in  1966 

-  96/2253, not properly applied, Art.  169 letter to be sent 

94/0046 
Satellite communications 
Member States which have notified  unplementing measures: B, DK, D, F, NL, A, P, FIN, S, UK. 

Greece 
Spain 
Ireland 
Italy 
Luxembourg 
Portugal 

-  95/0463, reasoned opinion to be sent 
-  95/0489, reasoned opinion to be sent 
-  95/0530, reasoned opinion to be sent 
-  95/0553, reasoned opinion to be sent 
-  95/0576, reasoned opinion to be sent 
-  95/0618, tenninated in 1996 

295 

95/0051 
Use of cable distribution networks for telecommunications services 
Member States winch have notified unplementmg measures: B, DK, D, E, F, I, NL, FIN, S, UK 

96/0002 
Mobiles and personal communications 
Member States which have notified implementing measures: DK, D, EL, F, IRL, NL, A, P, FIN, 

S 

96/019 
Full opening to competition 
Member States which have notified implementing measures: all except I 

4. SOCIAL POLICY 

64/0221 
Public policy and public health 
Member States which have notified implementing measures: all 

Germany 

-  91/4686, not properly applied, Art. 169 letter in 1992, reasoned opinion 

in 1996 

68/0360 
Movement and residence of workers 
Member States which have notified implementing measures: ail 

72/0194 
Right to reside in the Member States 
Member States which have notified implementing measures: all 

Germany 

-  90/0275, not properly applied, Art. 169 letter in 1990, reasoned opimon 

in 1995, (referral scheduled) 

75/0117 
Equal pay for men and women 
Member States winch have notified implementing measures: all 

Greece 

-  91/4668, not properly apphed, reasoned opimon in 1995 

75/0129 
Collective redundancies 
Member States which have notified implementing measures: all 

United Kingdom 

-  89/0536, not properly implemented, refenal  in 1992 
Case C-383/92, judgment in  1994, Art.  171 letter in 1996 

"u)7 

76/0207 
Equal treatment of men and women 
Member States winch have notified unplementing measures: all 

Belgium 

-  89/0458, not properly applied, judgment in 1993 -Case C-l 73/91, 

reasoned opinion (171) in 1995 

-  90/2223, not properly apphed, Art. 169 letter in 1994 

reasoned opinion in 1994 

France 

-  90/0445, no measures notified, Art. 171 letter in 1990, reasoned opinion 

(171) in 1995 

-  90/2109, not properly apphed, Art. 169 letter in 1993, reasoned opinion 

Greece 

Italy 

in 1994, referral in 1996, Case C-197/96 

-  90/2224, not properly applied, reasoned opimon in 1995 

terminated in 1996 

-  90/2226, not properly apphed, referral in 1996 

Case C-96/207 

77/0187 
Safeguarding of employees' rights in the event of the transfer of  firms 
Member States winch have notified implementing measures: all 

United Kingdom 

-  89/0537, not properly implemented, referral in 1992, Case C-382/92, 

judgment in 1994 - Art. 171 letter in 1996 

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 winch have notified implementing measures: all 

Greece 

-  91/4668, not properly applied, reasoned opinion in 1995 

298 

80/0987 
Protection of workers - insolvency of employers 
Member States which have notified implementing measures: all 

Greece 

-  86/0116, not properly implemented, judgment in 1990, Case C-53/88, 

Art. 171 letter in 1993 

80/1107 
Protection of workers against chemicals 
Member States winch have notified implementing measures: all 

82/0130 
Electrical equipment 
Member States winch 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 winch have notified implementing measures: all 

86/0188 
Protection of workers from noise 
Member States winch have notified  implementing measures: all 

86/0378 
Equal treatment of men and women 
Member States which have notified  implementing measures: D, E, F, IRL, A, P, FIN, S, UK 

86/0613 
Equal treatment of men and women 
Member States which have notified implementing measures: all 

^CiO 

88/0035 
Electrical equipment 
Member States which have notified implementing measures: all 

88/0364 
Protection of workers against specific agents 
Member States winch have notified implementing measures: all 

88/0642 
Protection of workers against chemicals 
Member States which have notified implementing measures: B, DK, D, IRL, I, L, NL, A, FIN, S, UK 

89/0391 
Health and safety of workers 
Member States which have notified implementing measures: all 

Spain 

-  93/0208, no measures notified, reasoned opimon in 1994, refenal in 

1995, Case C-95/079, judgment in 1996, tenninated in 1996 

89/0622 
Labelling of tobacco products 
Member States which have notified implementing measures: all 

89/0654 
Health and safety at the workplace 
Member States winch have notified implementing measures: all 

Spain 

• 

-  93/0207, no measures notified, refenal in 1995, Case C-95/079, 

judgment in 1996 

89/0655 
Health and safety - work equipment 
Member States winch have notified implementing measures: all except E. 

Spain 

-  93/0206, no measures notified, refenal  in 1995, Case C-95/079, 

judgment in 1996 

!00 

89/0656 
Personal protective equipment 
Member States which have notified implementing measures: B, DK, D, EL, F, IRL, I, L, NL, P, UK 

Spain 

-  93/0205, no measures notified, referral in 1995, Case C-95/079, 

judgment in 1996 

90/0239 
Maximum tar yield of cigarettes 
Member States which have notified implementing measures: all 

90/0269 
Health and safety of workers 
Member States which have notified implementing measures: all except E 

Spain 

-  93/0199, no measures notified, referral in 1995, Case C-95/079, 

judgment in 1996 

90/0270 
Health and safety - display screen equipment 
Member States winch have notified implementing measures: all except E 

Spain 

-  93/0198, no measures notified, referral in 1995, Case C-95/079, 

judgment in 1996 

90/U394 
Protection of workers - carcinogens 
Member States which have notified implementing measures: all, except E 

Spain 

-  93/0195, no measures notified, refenal in 1995, Case C-95/079, 

judgment in 1996 

301 

90/0679 
Risks relating to exposure to biological agents at work 
Member States winch have notified implementing measures: DK, D, EL, F, IRL, I, L, NL, A, FIN, 

S,UK 

Belgium 

-  94/0005, no measures notified, Art. 169 letter in 1994, 

Spain 

-  94/0133, no measures notified, Art. 169 letter in 1994, 

(reasoned opimon to be sent) 

(reasoned opinion to be sent) 

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, DK, D, IRL, I, L, NL, FIN, S, UK 

Greece 

Spain 

France 

-  94/0505, no measures notified, Art. 169 letter in 1994, 

tenninated in 1996 

-  94/0506, no measures notified, Art. 169 letter in 1994, 

tenninated in 1996 

-  94/0507, no measures notified, Art.  169 letter in 1994, 

tenninated in 1996 

Portugal 

-  94/0512, no measures notified, Art. 169 letter in 1994, 

tenninated in 1996 

91/0382 
Protection of workers (asbestos) 
Member States winch have notified implementing measures: all (partial derogation, Greece 1996) 

Greece 

-  96/0262, no measures notified, Art. 169 letter in 1996 (reasoned 

opimon to be sent) 

302 

91/0383 
Health and safety of temporary workers 
Member States winch have notified implementing measures: DK, D, E, F, IRL, I, L, NL, A, P, FIN, 

S,UK. 

Belgium 
Germany 

Greece 
Italy 

-  93/0023, no measures notified, Art. 169 letter in 1993 
-  93/0097, no measures notified, reasoned opinion in 1995, 

terminated iii 1996 

-  93/0147, no measures notified, reasoned opimon in 1996 
-  93/0309, no measures notified, terminated in 1996 

91/0533 
Obligation to mfonn employees of the conditions applicable to the employment relationship 
Member States winch have notified implementing measures: all, except I 

Italy 

-  93/0787, no measures notified, Art. 169 letter in 1993, 

reasoned opinion in 1996 

92/0029 
Health and safety on board ships 
Member States which have notified  implementing measures: D, DK, E, F, EL, I, NL, A, P, FIN, S, 

UK 

Belgium 

Denmark 

Germany 

Greece 

Ireland 

Italy 

Luxembourg 

Netherlands 

Austria 

95/0012, no measures notified, Art. 169 letter in 1995, 
(reasoned opimon to be sent) 
95/0032, no measures notified, Art.  169 letter in 1995, 
terminated in 1996 
95/0840, no measures notified, Art. 169 letter in 1995, 
tenninated in 1996 
95/0054, no measures notified, Art. 169 letter in 1995, 
tenninated in 1996 
95/0109, no measures notified, Art. 169 letter in 1995, 
(reasoned opimon to be sent) 
95/0125, no measures notified, Art. 169 letter in 1995, 
tenninated in 1996 
95/0142, no measures notified, Art. 169 letter in 1995, 
(reasoned opinion to be sent) 
95/0155, no measures notified, Art.  169 letter in 1995, 
tenninated in 1996 
96/0435, no measures notified, Art. 169 letter in 1996, 
tenninated in 1996 

303 

Portugal 

-  95/0164, no measures notified, Art. 169 letter in 1995, 

terminated in 1996 

United Kingdom 

-  95/0189, no measures notified, Art. 169 letter in 1995, 

terminated in 1996 

92/0041 
Labelling of tobacco products 
Member States which have notified implementing measures: all 

92/0056 
Collective redundancies 
Member States which have notified implementing measures: all except LRL 

Germany 

-  94/0809, no measures notified, Art. 169 letter in 1995, 

tenninated in 1996 

France 

-  94/0837, no measures notified, Ait. 169 letter in 1995, 

tenninated in 1996 

Ireland 
United Kingdom 

-  94/0584, no measures notified, Art. 169 letter in 1995 
-  94/0951, not properly implemented, Art.  169 letter in 1995, 

case treated as 89/0536 (see Directive 75/0129) 

92/0057 
Minimum safety and health requirements at temporary or mobile construction sites 
Member States which have notified implementing measures: all except B 

Belgium 

-  94/0013, no measures notified, Art. 169 letter in 1994, 

reasoned opinion in 1996 

Germany 

-  94/0074, no measures notified, Arti 169 letter in 1994, 

reasoned opimon in 1996, tenninated in 1996 

Italy 

-  94/0239, no measures notified, Art. 169 letter in 1994, 

reasoned opimon in 1996, tenninated in 1996 

304 

92/0058 
Safety and/or health signs at work 
Member States winch have notified implementing measures: all except B and E 

Belgium 

-  94/0624, no measures notified, Art. 169 letter in 1994, 

(reasoned opimon to be sent) 

Germany 

-  94/0647, no measures notified, Art. 169 letter in 1994, 

Spain 

Italy 

reasoned opimon in 1996, tenninated in 1996 

-  94/0661, no measures notified, Art. 169 letter in 1994, 

reasoned opimon in 1996 

-  94/0719, no measures notified, Art. 169 letter in 1994, 

reasoned opinion in 1996, terminated in 1996 

United Kingdom 

-  94/0769, no measures notified, Art. 169 letter in 1994, 

tenninated in 1996 

92/0085 
Safety and health at work of pregnant workers and workers who have recently given birth or are 

breastfeeding 

Member States winch have notified implementing measures: B, DK, D, E, F, NL, A, P, FIN, S, UK. 

Belgium 

-  95/0013, no measures notified, Art. 169 letter in 1995, 

terminated in 1996 

Germany 

-  95/0041, no measures notified, Ait.  169 letter in 1995, 

Greece 

France 
Italy 

tenninated in 1996 

-  95/0055, no measures notified, Art. 169 letter in 1995, 

reasoned opimon in 1996 

-  95/0091, no measures notified, Art.  169 letter in 1995, 
-  95/0126, no measures notified, Art. 169 letter in 1995 (to be tenninated 

in 1997) 

Luxembourg 

-  95/0143, no measures notified, Ait. 169 letter in 1995, 

reasoned opimon in 1996 

92/0091 
Protection of workers in extracting industries by drilling 
Member States which have notified implementing measures: DK, D, EL, E, F, I, L, NL, P, FIN, S, 

UK 

Belgium 

Germany 

95/0014, no measures notified, Art. 169 letter in 1995, 
reasoned opimon in 1996 
95/0042, no measures notified, Ait. 169 letter in 1995, 
tenninated in 1996 

305 

Spain 

France 

Ireland 

Italy 

Portugal 

Netherlands 

95/0076, no measures notified, Art.  169 letter in 1996, 
tenninated in 1996 
95/0092, no measures notified, Art. 169 letter in 1995, 
reasoned opimon in 1996, tenninated in 1996 
95/0110, no measures notified, Art. 169 letter in 1995, 
reasoned opimon in 1996 
95/0127, no measures notified, Art. 169 letter in 1995, 
reasoned opinion in 1996 
95/0166, no measures notified, Art. 169 letter in 1995, 
tenninated in 1996 
95/0156, no measures notified, Art. 169 letter in 1995, 
tenninated in 1996 

92/0104 
Health and safety of workers in underground and open cast mining industries 
Member States which have notified implementing measures: DK, D, F, EL, I, L, NL, A, P, FIN, S, 

UK 

Belgium 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

Portugal 

95/0016, no measures notified, Art.  169 letter in 1995, 
reasoned opinion in 1996 
95/0044, no measures notified, Art. 169.1etter in 1995, 
tenninated in 1996 
95/0058, no measures notified, Art.  169 letter in 1995, 
reasoned opinion in 1996, tenninated in 1996 
95/0078, no measures notified, Art. 169 letter in 1995, 
reasoned opimon in 1996 
95/0094, no measures notified, Art. 169 letter in 1995, 
tenninated in 1996 
95/0112, no measures notified, Art. 169 letter in 1995, 
reasoned opinion in 1996 
95/0129, no measures notified, Art. 169 letter in 1995, 
reasoned opinion in 1996 
95/0167, no measures notified, Art.  169 letter in 1995, 
tenninated in 1996 

306 

93/0088 
Risks relating to exposure to biological agents at work 
Member States winch have notified implementing measures: DK, D, EL, F, IRL, I, L, NL, A, FIN, S. 

UK 

Belgium 

Spain 

-  94/0521, no measures notified, Art. 169 letter in 1994 

reasoned opimon in 1996 

-  94/0554, no measures notified, Art.  169 letter in 1994, 

(reasoned opinion to be sent) 

Portugal 

-  96/0174, no measures notified, Art. 169 letter in 1996 

93/0103 
Health and safety on board fishing vessels 
Member States winch have notified implementing measures: DK, EL, F, NL, FIN, S 

Belgium 

Germany 

Denmark 

Greece 

Spain 

France 

Italy 

Luxembourg 

9 

Portugal 

United Kingdom 
Ireland 

96/0003, no measures notified, Art. 
reasoned opimon in 1996 
96/0036, no measures notified, Art. 
(reasoned opinion to be sent) 
96/0021, no measures notified, Art. 
terminated in 1996 
96/0050, no measures notified, Art. 
tenninated in 1996 
96/0070, no measures notified, Art. 
(reasoned opinion to be sent) 
96/0089, no measures notified, Art. 
tenninated in 1996 
96/0127, no measures notified, Art. 
reasoned opimon in 1996 
96/0146, no measures notified, Art. 
terminated in 1996 
96/0175, no measures notified, Art. 
(reasoned opimon to be sent) 
96/0196, no measures notified, Ait. 
96/0108, no measures notified, Art. 
reasoned opimon in 1996 

169 letter in 1996, 

169 letter in 1996, 

169 letter m 1996, 

169 letter in 1996, 

169 letter m 1996, 

169 letter in 1996, 

169 letter in 1996, 

169 letter in 1996, 

169 letter in 1996, 

169 letter in 1996 
169 letter m 1996, 

93/0104 
Reorganization of working time 
Member States winch have notified implementing measures: D, E, NL, FIN 

307 

94/0033 
Protection of young people at work 
Member States winch have notified implementing measures: B, DK, D, E, LRL, FIN 

94/0044 
Electrical equipment for use in explosive atmospheres 
Member States winch have notified implementing measures: B, DK, D, E, F, IRL, L, NL, A, P, FIN, 

UK 

Greece 
Spain 
Italy 
Netherlands 

-  95/0684, no measures notified, Art. 169 letter in 1995 
-  95/0689, no measures notified, Art. 169 letter in 1995 
-  95/0704, no measures notified. Art. 169 letter in 1995 
-  95/0711, no measures notified, Art. 169 letter in 1995, 

terminated iii 1996 

United Kingdom 

-  95/0719, no measures notified, Art. 169 letter in 1995, 

tenninated in 1996 

94/0045 
European Works Council 
Member States winch have notified implementing measures: B, DK, D, F, IRL, S (United Kingdom 

not covered by tins Directive) 

95/0030 
Risks relating to exposure to biological agents at work 
Member States which have notified implementing measures: DK, NL, FIN, UK 

308 

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  unplementing measures: all 

Germany 
Finland 

-  93/2097, not properly applied, referral  in  19%, Case C-96/102 
-  96/0856, no measures notified,  Art.  169 letter in  1996, (to be 

tenninated in 1997) 

66/0400 
Beet seed 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0855, no measures notified,  Art.  169 letter in  1996 

66/0401 
Fodder-plant  seed 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0854, no measures notified. Art.  169 letter in 1996 

66/0402 
Cereal seed 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0853, no measures notified,  Art.  169 letter in 1996 

66/0403 
Seed potatoes 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0852, no measures notified,  Art.  169 letter in 1996 

309 

66/0404 
Forest reproductive material 
Member States wliich have notified  unplementing measures: all 

Austria 

-  96/0359, no measures notified,  Art.  169 letter in 1996, tenninated in 

1996 

66/0600 
Health problems - trade in annuals 
Member States which have notified  implementing measures: all 

68/0193 
Material for the propagation of vines 
Member States winch have notified  unplementmg measures: all 

Austria 

-  96/0361, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

69/0060 
Cereal seed 
Member States which have notified  implementing measures: all except FIN 

69/0061 
Beet seed 
Member  States winch have notified  unplementing measures: all except FIN 

Finland 

-  no measures notified,  Art.  169 letter in 1996 

69/0062 
Seed potatoes 
Member  States which have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0362, no measures notified,  Art.  169 letter in 1996 
-  96/0850, no measures notified,  Art.  169 letter in 1996 

310 

69/0063 
Fodder-plant  seed 
Member States winch have notified  unplementing measures: all except A and FIN 

Austria 

-  96/0363, no measures notified, Art.  169 letter in 1996 

69/0064 
Reproductive material 
Member States winch have notified  unplementmg measures: all 

Austria 

-  96/0364, no measures notified,  Art.  169 letter in 1996, tenninated in 

1996 

69/0208 
Seed of oil and fibre plants 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0849, no measures notified,  Art.  169 letter in 1996 

69/0464 
Control of potato wait  disease 
Member  States winch have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0365, no measures notified, Art.  169 letter in 1996 
-  96/0848, no measures notified, Art.  169 letter in 1996 

69/0465 
Control of potato cyst eelwonn 
Member States which have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0366, no measures notified,  Art.  169 letter in 1996 
-  96/0847, no measures notified,  Ait.  169 letter in 1996 

69/0466 
Control of San José scale 
Member  States which have notified  implementing measures: all except A 

Austria 

-  96/0367, no measures notified,  Art.  169 letter in 1996 

311 

70/0373 
Feedingstuffs  - official  control 
Member States which have notified  unplementmg measures: all except FIN 

Finland 

-  96/0846, no measures notified,  Art.  169 letter in 1996 

70/0457 
Common catalogue of varieties of plant species 
Member States which have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0368, no measures notified,  Art.  169 letter in 1996 
-  96/0845, no measures notified,  Art.  169 letter in 1996 

70/0458 
Vegetable seed 
Member States winch have notified  implementing measures: all except FIN 

Finland 

-  96/0844, no measures notified, Art.  169 letter in 1996 

70/0524 
Feedingstuffs  - additives 
Member  States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0843, no measures notified,  Art.  169 letter in 1996 

71/0118 
Health problems - trade in poultrymeat 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0842, no measures notified,  Art.  169 letter in 1996 

71/0140 
Material for the propagation of vines 
Member  States which have notified  unplementmg measures: all 

Austria 

-  96/0369, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

312 

71/0161 
Forest reproductive material 
Member States which have notified  implementmg measures: all except S 

Austria 

Sweden 

-  96/0370, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

-  96/0546, no measures notified, Art.  169 letter in 1996 

71/0162 
Seed 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0841, no measures notified,  Art.  169 letter in 1996 

71/0250 
Feedingstuffs  - official  control 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0840, no measures notified,  Art.  169 letter m 1996 

71/0285 
Health problems - trade in animals 
Member States which have notified  unplementing measures: all 

Sweden 

-  96/0547, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in  1997) 

71/0393 
Feedingstuffs  - official  control 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0839, no measures notified,  Art.  169 letter in 1996 

72/0168 
Vegetable varieties 
Member States winch have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0371, no measures notified, Art.  169 letter in 1996 
-  96/0838, no measures notified,  Art.  169 letter in 1996 

72/0169 
Vine varieties 
Member  States which have notified  implementing measures: all 

Austria 

-  96/0372, no measures notified,  Art.  169 letter in 1996, tenninated in 

1996 

72/0180 
Agricultural varieties 
Member States which have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0373, no measures notified,  Art.  169 letter in 1996 
-  96/0837, no measures notified,  Art.  169 letter in 1996 

72/0199 
Feedingstuffs  - official  controls 
Member  States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0836, no measures notified,  Ait.  169 letter in 1996 

72/0274 
Seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0835, no measures notified,  Art.  169 letter in 1996 

72/0418 
Seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0833, no measures notified,  Art.  169 letter in 1996 

314 

72/0445 
Health problems - 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 

Finland 

-  96/0832, no measures notified,  Art.  169 letter in 1996, tenninated in 

1996 

72/0462 
Health problems - animals and meat from non-member countries 
Member  States which have notified  implementing measures: all 

73/0046 
Feedmgstuffs  - official  control 
Member  States winch have notified  implementing measures: all except FIN 

Finland 

-  96/0831, no measures notified,  Art.  169 letter in 1996 

73/0047 
Feedingstuffs  - official  control 
Member States which have notified  implementing measures: all except FIN 

Sweden 

Finland 

-  96/0545, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in 1997) 

-  96/0830, no measures notified, Art.  169 letter in  1996 

73/0150 
Health problems - live animals 
Member  States wliich have notified  implementing measures: all 

3 I> 

73/0438 
Seed 
Member States winch have notified  implementmg measures: all except FIN 

Finland 

-  96/0829, no measures notified,  Art.  169 letter in 1996 

74/0013 
Forest reproductive material 
Member States winch have notified  implementing measures: all except S 

Austria 

Sweden 

-  96/0374, no measures notified, Art.  169 letter in 1996, terminated in 

1996 

-  96/0544, no measures notified,  Art.  169 letter in 1996 

74/0063 
Feedmgstuffs  - undesirable  substances 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0828, no measures notified,  Art.  169 letter in 1996 

74/0203 
Feedmgstuffs  - official  control 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0827, no measures notified,  Art.  169 letter in  1996 

74/0268 
Fodder-plant and cereal seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0826, no measures notified,  Art.  169 letter in 1996 

74/0647 
Control of carnation leaf-rollers 
Member States which have notified  implementing measures: all except A 

Austria 

-  96/0375, no measures notified,  Art.  169 letter in  1996 

316 

74/0648 
Material for the propagation of vines 
Member States which have notified  unplementmg measures: all 

Austria 

-  96/0376, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

74/0649 
Material for the propagation of vines 
Member States wliich have notified  implementing measures: all 

Austria 

-  96/0377, no measures notified,  Art.  169 letter in 1996, terminated in 

1996 

75/0084 
Feedmgstuffs  - official  control 
Member  States which have notified  implementmg measures: all except FIN 

Finland 

-  96/0825, no measures notified,  Art.  169 letter in 1996 

75/0444 
Seed 
Member  States winch have notified  implementmg measures: all except FIN 

Finland 

-  96/0824, no measures notified, Ait.  169 letter in 1996 

75/0445 
Forest reproductive  material 
Member States wliich have notified  implementing measures: all 

Austria 

-  96/0378, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

75/0502 
Meadowgrass  seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0823, no measures notified,  Art.  169 letter in 1996 

317 

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 

Finland 

-  96/0822, no measures notified,  Art.  169 letter in 1996 

76/0371 
Feedmgstuffs  - official  control 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0821, no measures notified, Art.  169 letter in 1996 

76/0372 
Feedingstuffs  - official  control 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0820, no measures notified,  Art.  169 letter in 1996 

76/0895 
Pesticide residues in fruit and vegetables 
Member  States which have notified  implementing measures: all 

Finland 

-  96/0819, no measures notified,  Art.  169 letter in  1996, (to be 

tenninated in  1997) 

76/0934 
Feedingstuffs  - undesirable  substances 
Member  States winch have notified  unplementing measures: all except FIN 

Finland 

-  96/0818, no measures notified,  Art.  169 letter in  1996 

318 

77/0093 
Organisms hannful  to plants 
Member States which have notified  implementmg measures: all 

Finland 

-  96/0817, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

77/0096 
Health problems - import of meat 
Member States which have notified  implementing measures: all except S 

Sweden 

-  96/0543, no measures notified, Art.  169 letter in 1996 

77/0098 
Health problems - trade in animals 
Member States which have notified  implementing measures: all 

77/0099 
Health problems - meat products 
Member States wliich have notified  unplementing measures: all 

Finland 

-  96/0815, no measures notified,  Ait.  169 letter in  1996 

(to be tenninated in 1997) 

77/0101 
Straight  feedmgstuffs 
Member States which have notified  implementing measures: all except FIN 

Finland- 

-  96/0814, no measures notified,  Art.  169 letter in 1996 

77/0391 
Eradication of brucellosis 
Member States which have notified  implementing measures: all 

319 

77/0504 
Pure-bred cattle for breeding 
Member States which have notified  implementing measures: all except A 

Austria 

-  96/0380, no measures notified,  Art.  169 letter in 1996 

77/0629 
Material for the propagation of vines 
Member States which have notified  implementmg measures: all 

Austria 

-  96/0381, no measures notified, Art.  169 letter in  1996, terminated m 

1996 

78/0052 
Eradication of brucellosis 
Member States which have notified  unplementing measures: all 

78/0055 
Seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0813, no measures notified,  Art.  169 letter in 1996 

78/0386 
Fodder-plant seed 
Member States winch have notified  implementing measures: all except FIN 

Finland 

-  96/0812, no measures notified,  Art.  169 letter in 1996 

78/0387 
Cereal seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0811, no measures notified,  Art.  169 letter in 1996 

320 

78/0388 
Seed of oil and fibre plants 
Member States which have notified  implementmg measures: all except FIN 

Finland 

-  96/0810, no measures notified,  Art.  169 letter in 1996 

78/0511 
Fodder-plant and cereal seed 
Member States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0809, no measures notified,  Art.  169 letter in  1996 

78/0633 
Feedingstuffs  - official  control 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0808, no measures notified,  Art.  169 letter in  1996 

78/0692 
Seed 
Member States winch have notified  implementing measures: all except FIN 

Finland 

-  96/0807, no measures notified. Art.  169 letter in 1996 

78/0816 
Seed potatoes 
Member States which have notified  implementing measures: all except A and FIN 

Austria- 

-  96/0383, no measures notified,  Art.  169 letter in 1996 

78/1020 
Seed 
Member States winch have notified  implementmg measures: all except FIN 

Finland 

-  96/0806, no measures notified, Art.  169 letter in 1996 

321 

79/0109 
Health problems - trade in animals - bmcellosis 
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 winch have notified  implementing measures: all except FIN 

Finland 

-  96/0805, no measures notified, Art.  169 letter in 1996 

79/0372 
Straight  feedingstuffs 
Member  States winch have notified unplementing measures: all except FIN 

Finland 

-  96/0804, no measures notified, Art.  169 letter in 1996 

79/0373 
Compound  feedingstuffs 
Member  States wliich have notified  unplementing measures: all except FIN 

Finland 

-  96/0803, no measures notified,  Art.  169 letter in 1996 

79/0641 
Seed 
Member  States wliich have notified  implementing measures: all except FIN 

Finland 

-  96/0802, no measures notified, Art.  169 letter in  1996 

79/0692 
Seed 
Member  States winch have notified  implementing measiu'es: all except FIN 

Finland 

-  96/0801, no measures notified,  Art.  169 letter in  1996 

322 

79/0700 
Pesticides in fruit and vegetables - official  control 
Member States winch have notified  implementing measures: all except FIN 

Finland 

-  96/0800, no measures notified,  Art.  169 letter in 1996 

79/0797 
Feedingstuffs 
Member States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0799, no measures notified,  Art.  169 letter in 1996 

79/967 
Seed 
Member States which have notified  unplementmg measures: all except A and FIN 

Austria 
Finland 

-  96/0385, no measures notified,  Art.  169 letter in 1996 
-  96/0798, no measures notified,  Art.  169 letter in 1996 

80/0213 
Health problems - trade in meat 
Member States winch have notified  unplementmg measures: all 

80/0215 
Health problems - meat products 
Member  States which have notified  implementing measures: all 

Finland 

-  96/0796, no measures notified, Ait.  169 letter in  1996, tenninated in 

1996 

80/0217 
Control of classical swine fever 
Member States which have notified  implementing measures: all 

80/0219 
Health problems - trade m animals - tuberculosis 
Member States which have notified  implementing measures: all 

323 

80/0304 
Seed of oil and fibre plants 
Member States which have notified  unplementing measiures: all except FIN 

Finland 

-  96/0795, no measures notified,  Art.  169 letter in  1996 

80/0392 
Organisms harmful  to plants 
Member States wliich have notified  unplementmg measures: all except FIN 

80/0428 
Pesticide residues in fruit and vegetables 
Member States which have notified  implementing measures: all 

Finland 

-  96/0794, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in  1997) 

80/0502 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0793, no measures notified, Art.  169 letter in 1996 

80/0510 
Straight  feedingstuffs 
Member  States which have notified  implementing measiures: all except FIN 

Finland 

-  96/0792, no measures notified,  Art.  169 letter in  1996 

80/0511 
Compound feedingstuffs  in packages 
Member States which have notified  implementmg measures: all except FIN 

Finland 

-  96/0791, no measures notified,  Art.  169 letter in  1996 

324 

80/0695 
Compound  feedingstuffs 
Member States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0790, no measures notified, Art.  169 letter in 1996 

80/0754 
Fodder-plant  seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0789, no measures notified,  Art.  169 letter in 1996 

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  unplementmg measures: all 

80/1100 
Health problems - meat products - classical swine  fever 
Member  States which have notified  implementing measures: all 

Sweden 

Finland 

-  96/0542, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

-  96/0787, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

80/1101 
Control of classical swine  fever 
Member  States which have notified  implementing measures: all 

325 

80/1274 
Healdi problems - trade in animals - classical swine fever 
Member States winch have notified  implementmg measures: all 

81/0006 
Eradication of brucellosis 
Member States which have notified  implementmg measures: all 

81/0007 
Organisms hannful  to plants 
Member States which have notified  unplementing measures: all 

81/0036 
Pesticide residues in fruit  and vegetables 
Member States which have notified  implementing measures: all 

Finland 

-  96/0786, no measiures notified, Art.  169 letter in 1996 

(to be tenninated in 1997) 

81/0126 
Seed 
Member States winch have notified  unplementmg measures: all except FIN 

Finland 

-  96/0785, no measures notified, Art.  169 letter in 1996 

81/0602 
Ban on honnones 
Member States winch have notified  unplementing measures: all 

81/0680 
Feedmgstuffs  - official  control 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0784, no measures notified, Art.  169 letter in 1996 

326 

81/0715 
Feedingstuffs  - official  control 
Member States which have notified  unplementmg measures: all except FIN 

Finland 

-  96/0783, no measures notified,  Art.  169 letter in 1996 

82/0287 
Seed 
Member States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0782, no measures notified, Art.  169 letter in 1996 

82/0331 
Material for the propagation of vines 
Member States winch have notified  unplementing measures: all 

Austria 

-  no measures notified,  Art.  169 letter in  1996, tenninated in 1996 

82/0471 
Feedingstuffs 
Member States wliich have notified  unplementmg measures: all except FIN 

Finland 

-  96/0781, no measures notified, Art.  169 letter in 1996 

82/0475 
Labelling of compound feedingstuffs  for pet animals 
Member  States which have notified  implementing measures: all except FIN 

Finland. 

-  96/0870, no measures notified,  Art.  169 letter in 1996 

82/0528 
Pesticide residues in fruit and vegetables 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0779, no measures notified, Art.  169 letter in 1996 

327 

82/0859 
Seed of oil and fibre plants 
Member States which have notified  implementing measures: all 

Finland 

-  96/0778, no measures notified,  Art.  169 letter in 1996 

(to be terminated in 1997) 

82/0894 
Notification  of animal diseases 
Member States which have notified  implementmg measures: all 

82/0937 
Straight  feedmgstuffs 
Member States which have notified  implementmg measures: all except FIN 

Finland 

-  96/0777, no measures notified,  Art.  169 letter in 1996 

83/0091 
Health problems - trade in animals and meat 
Member  States which have notified  implementmg measures: all 

Sweden 

-  96/0541, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in 1997) 

83/0116 
Fodder-plant  seed and seed of oil and fibre plants 
Member States wliich have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0390, no measures notified,  Art.  169 letter m 1996 
-  96/0775, no measures notified,  Art.  169 letter in 1996 

83/0131 
Plant protection products containing certain active  substances 
Member States which have notified nnplementing measures: all except FIN 

Finland 

-  96/0774, no measures notified,  Art.  169 letter in 1996 

328 

83/0201 
Health problems - products containing a small percentage of meat 
Member States which have notified  unplementing measures: all 

Finland 

-  96/0773, no measures notified,  Art.  169 letter in 1996 

(to be terminated in 1997) 

83/0228 
Feedingstuffs 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0772, no measures notified,  Art.  169 letter in 1996 

83/0381 
Feedingstuffs 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0771, no measures notified,  Art.  169 letter in 1996 

84/0004 
Feedmgstuffs  - official  control 
Member  States which have notified  implementing measures: all except FIN 

Sweden 

Finland 

-  96/0540, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in 1997) 

-  96/0770, no measures notified,  Art.  169 letter in 1996 

84/0319 
Health problems - import of meat - trichinae 
Member States wliich have notified  unplementing measures: all except S 

Sweden 

-  96/0539, no measures notified,  Art.  169 letter in 1996 

84/0425 
Feedingstuffs  - official  control 
Member States wliich have notified  implementing measures: all except FIN 

Finland 

-  96/0769, no measures notified,  Art.  169 letter in 1996 

329 

84/0443 
Products used in  feedingstuffs 
Member States winch have notified  unplementing measures: all except FIN 

84/0587 
Feedingstuffs  - additives 
Member States which have notified  unplementing measures: all except FIN 

84/0643 
Health problems - trade in animals - foot-and-mouth  disease 
Member States which have notified  implementing measures: all 

Finland 

-  96/0768, no measures notified, Art.  169 letter in  1996 

(to be terminated in  1997) 

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 winch have notified  unplementing measures: all 

85/0038 
Fodder-plant  seed 
Member States which have notified  implementing measures: all except FIN 

Finland. 

-  96/0766, no measures notified,  Art.  169 letter in 1996 

85/0073 
Financing of health inspections of fresh meat 
Member  States which have notified  implementing measures: all except A 

Austria 
Sweden 

-  96/0393, no measures notified,  Art.  169 letter in 1996 
-  96/0538, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

330 

Finland 

Greece 

-  96/0765, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

-  94/2181, not properly applied 

85/0298 
Plant protection products containing certain active substances 
Member States which have notified  unplementmg measures: all except FIN 

Finland 

-  96/0764, no measures notified,  Art.  169 letter in 1996 

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 wliich have notified  implementing measures: all except FIN 

Finland 

-  96/0763, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

85/0322 
Health problems - trade in meat - classical swine  fever 
Member States which have notified  implementing measures: all except FIN and S 

Sweden 

-  96/0537, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

85/0358 
Ban on honnones 
Member States wliich have notified  implementing measures: all 

85/0509 
Feedingstuffs 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0761, no measures notified,  Art.  169 letter in 1996 

85/0511 
Control of foot-and-mouth  disease 
Member States which have notified  unplementing measures: all except FIN 

85/0574 
Organisms harmful to plants 
Member States which have notified  nnplementing measures: all 

Finland 

-  .96/0760, no measures notified, Art.  169 letter in  1996, terminated in 

1996 

85/0586 
Health problems - trade in animals and meat 
Member States which have notified  implementing measures: all 

Finland 

-  96/0759, no measures notified, Art.  169 letter in 1996 

(to be terminated in  1997) 

86/0109 
Certified  seed 
Member States winch have notified  implementing measures: all except FLN 

Finland 

-  96/0758, no measures notified,  Art.  169 letter in 1996 

86/0155 
Seed 
Member States which have notified  implementmg measures: all except A and FIN 

Austria- 
Finland 

-  96/0395, no measures notified, Art.  169 letter in 1996 
-  96/0757, no measures notified, Art.  169 letter in  1996 

86/0174 
Compound feedingstuffs  for poultry 
Member States winch have notified  unplementing measures: all except FIN 

Finland 

-  96/0756, no measures notified, Art.  169 letter m 1996 

332 

86/0214 
Plant protection products containing certain active  substances 
Member States which have notified  implementing measures: all except FIN 

V 

Finland 

-  96/0755, no measures notified,  Art.  169 letter m 1996 

86/0267 
Vine varieties 
Member States which have notified  implementing measures: all 

Austria 

-  96/0396, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

86/0299 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0754, no measures notified, Art.  169 letter in 1996 

86/0320 
Cereal seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0753, no measures notified,  Art.  169 letter in 1996 

86/0354 
Compound  feedingstuffs 
Member States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0752, no measures notified,  Art.  169 letter in 1996 

86/0355 
Plant protection products containing certain active substances 
Member  States winch have notified  nnplementing measures: all 

Finland 

-  96/0751, no measures notified, Art.  169 letter in 1996 

(to be tenninated in 1997) 

333 

86/0362 
Pesticide residues in cereals 
Member States which have notified  implementing measures: all 

Finland 

-  96/0750, no measures notified,  Art.  169 letter in  1996 

(to be terminated in  1997) 

86/0363 
Pesticide residues in foodstuffs  of animal origin 
Member States wliich have notified  implementing measures: all 

Finland 

-  96/0749, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in 1997) 

86/0469 
Examination of meat for the presence of residues 
Member States which have notified  implementing measures: all 

Finland 

-  96/0748, no measures notified,  Art.  169 letter in  1996 

(to be tenninated in 1997) 

86/0530 
Products used in  feedingstuffs 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0747, no measures notified,  Art.  169 letter in 1996 

86/0651 
Organisms hannful  to plants 
Member States which have notified  implementing measures: all 

Finland 

-  96/0746, no measures notified,  Art.  169 letter m 1996, terminated in 

1996 

87/0120 
Seeds and propagating materials 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0745, no measures notified, Art.  169 letter in 1996 

87/0153 
Feedingstuffs  - additives 
Member  States which have notified  implementing measures: all except A and FIN 

Finland 

-  96/0744, no measures notified,  Art.  169 letter in 1996 

87/0181 
Plant protection products containing certain active substances 
Member States winch have notified  implementmg measures: all except FIN 

Finland 

-  96/0743, no measures notified,  Art.  169 letter in 1996 

87/0234 
Straight  feedingstuffs 
Member  States wliich have notified  implementmg measures: all except FIN 

Finland 

-  96/0742, no measures notified,  Art.  169 letter in 1996 

87/0238 
Feedingstuffs  - undesirable  substances 
Member States winch have notified  nnplementing measures: all except FIN 

Finland 

-  96/0741, no measures notified,  Art.  169 letter in 1996 

87/0298 
Organisms hannful  to plants 
Member  States which have notified  unplementing measures: all 

Finland 

-  96/0740, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

135 

87/0328 
Cattle for breeding 
Member States which have notified  implementing measures: all except A 

Austria 

-  89/0398, no measures notified,  Art.  169 letter in 1996 

87/0477 
Plant protection products containing certain active substances 
Member States which have notified implementing measures: all except FIN 

Finland 

-  96/0739, no measures notified,  Art.  169 letter in 1996 

87/0480 
Seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0738, no measures notified. Art.  169 letter in 1996 

87/0481 
Vegetable  seed 
Member  States which have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0399, no measures notified,  Art.  169 letter in 1996 
-  96/0737, no measures notified,  Art.  169 letter in 1996 

87/0486 
Control of classical swine  fever 
Member States which have notified  implementing measures: all 

87/0487 
Classical swine  fever 
Member States wliich have notified  implementing measures: all 

87/0489 
Health problems - trade in animals - classical swine  fever 
Member States which have notified  unplementing measures: all except FIN 

336 

87/0491 
Health problems - meat products 
Member States wliich have notified  implementing measures: all 

Sweden 

Finland 

-  96/0536, no measures notified, Art.  169 letter in  1996, tenninated in 

1996 

-  96/0735, no measures notified, Art.  169 letter in 1996, terminated in 

1996 

88/0095 
Beet seed 
Member States winch have notified  unplementing measures: all except FIN 

Finland 

-  96/0734, no measures notified,  Art.  169 letter m 1996 

88/0146 
Ban on honnones 
Member  States winch have notified  unplementing measures: all 

Finland 

-  96/0733, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

88/0166 
Protection of laying hens kept in battery cages 
Member States winch have notified  implementing measures: all except A and FIN 

Austria 

-  96/0400, no measures notified,  Art.  169 letter in 1996 

88/0182  -
Technical mles and standards (amending Directive  83/189) 
Member States which have notified  implementing measures: all 

Italy 

-  91/0565, not properly applied, referral  in  1994, Case  C-94/289 

judgment in 1996 

Italy 
Netherlands 

-  92/0646, not properly applied, reasoned opinion in 1993 
-  91/0747, not properly applied, refenal  in  1993, Case  C-93/052 

judgment in 1994, tenninated in 1996 

Netherlands 

-  91/2328, not properly applied, referral  in  1994, Case  C-94/273 

judgment in 1996 

337 

Italy 
Italy 

-  92/0647, not properly applied, reasoned opinion in 1996 
-  93/0614, not properly applied, referral  in  1995, Case  C-95/289 

cancelled in  1996 

Netherlands 
Italy 

-  93/2267, not properly applied, reasoned opinion in 1994 
-  94/0616, not properly applied, reasoned opinion in  1996 

88/0289 
Health problems - animals and meat from non-member countries 
Member  States which have notified  implementing measures: all except S 

Sweden 

-  96/0535, no measures notified, Art.  169 letter in 1996 

88/0298 
Pesticides in fruit  and vegetables and cereals 
Member States winch have notified  implementing measures: all 

Finland 

-  96/0731, no measures notified,  Art.  169 letter in 1996 

(to be tenninated  in 1997) 

88/0299 
Meat and animals from non-member  countries 
Member  States winch have notified  implementmg measures: all 

88/0380 
Seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0730, no measures notified,  Art.  169 letter in 1996 

88/0406 
Health problems - trade in animals - enzootic bovine leukosis 
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  unplementing measures: all except A 

Austria 
Sweden 

Finland 

-  96/0401, no measures notified, Art.  169 letter in 1996 
-  96/0534, no measures notified,  Art.  169 letter in  1996 

(to be terminated m 1997) 

-  96/0729, no measures notified, Art.  169 letter in 1996 

(to be tenninated in  1997) 

88/0485 
Products used m  feedingstuffs 
Member  States which have notified  implementmg measures: all except FIN 

Finland 

-  96/0728, no measures notified,  Art.  169 letter in 1996 

88/0572 
Organisms hannful  to plants 
Member  States winch have notified  implementing measures: all 

Finland 

-  96/0727, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

88/0660 
Health problems - meat products 
Member  States which have notified  implementing measures: all 

Finland 

-  96/0726, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

88/0661 
Pigs for  breeding 
Member  States winch have notified  implementing measures: all except A 

Austria 

-  96/0402, no measures notified,  Art.  169 letter in 1996 

339 

89/0002 
Cereal seed 
Member States wliich have notified  unplementing measures: all except FIN 

Finland 

-  96/0725, no measures notified, Art.  169 letter in 1996 

89/0014 
Vegetable seed 
Member States which have notified  unplementmg measures: all except A and FIN 

Austria 
Finland 

-  96/0403, no measures notified, Art.  169 letter in 1996 
-  96/0724, no measures notified, Art.  169 letter in 1996 

89/0100 
Fodder-plant  seed 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0723, no measures notified, Art.  169 letter in 1996 

89/0186 
Pesticide residues in fruit and vegetables 
Member States which have notified  implementmg measures: all 

Finland 

-  96/0722, no measures notified, Art.  169 letter m 1996 

(to be tenninated in 1997) 

89/0227 
Health problems - meat products - non-member countries 
Member States which have notified  implementing measures: all 

Finland 

-  96/0721, no measures notified,  Art.  169 letter in 1996 

(to be tenninated  in 1997) 

89/0321 
Health problems - import of meat 
Member States which have notified  implementmg measures: all except S 

Sweden 

-  96/0533, no measures notified,  Art.  169 letter in  1996 

340 

89/0360 
Health problems - trade in animals - brucellosis 
Member States which have notified  implementing measures: all 

89/0361 
Sheep and goats for breeding 
Member States which have notified  implementing measures: all except A 

Austria 

-  96/0406, no measures notified,  Art.  169 letter in 1996 

89/0362 
Hygiene in milk production holdings 
Member States winch have notified  unplementing measures: all 

Finland 

-  96/0720, no measures notified, Art.  169 letter in 1996 

(to be tenninated in 1997) 

89/0365 
Plant protection products containing certain active  substances 
Member States which have notified  implementmg measures: all except FIN 

Finland 

-  96/0719, no measures notified. Art.  169 letter m 1996 

89/0384 
Health problems - trade in milk 
Member States wliich have notified  unplementing measures: all 

Finland 

-  96/0718, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in  1997) 

89/0424 
Seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0717, no measures notified,  Art.  169 letter in 1996 

341 

89/0437 
Health problems - eggs 
Member States which have notified  implementing measures: all 

Austria 

Finland 

-  96/0408, no measures notified, Art.  169 letter in 1996 

(to be terminated in 1997) 

-  96/0716, no measures notified, Art.  169 letter in 1996 

(to be tenninated in 1997) 

89/0439 
Organisms hannful  to plants 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0715, no measures notified, Art.  169 letter in  1996, tenninated in 

1996 

89/0520 
Products used in  feedingstuffs 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0714, no measures notified,  Art.  169 letter m 1996 

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 

342 

89/0662 
Veterinary checks in intra-Community trade 
Member States which have notified  implementing measures: all except IRL 

Ireland 

-  92/0794, no measures notified,  referral in  1994, Case C-94/162, 

judgment in  1995, Art.  171 letter in  1996 (reasoned opinion (171) to 
be sent in 1997) 

Finland 

-  96/0713, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in 1997) 

90/0044 
Compomid  feedingstuffs 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0712, no measures notified,  Art.  169 letter in 1996 

90/0118 
Pure-bred breeding pigs 
Member  States which have notified  implementing measures: all except A 

Austria 

-  96/0411, no measures notified,  Art.  169 letter in 1996 

90/0119 
Hybrid breeding pigs 
Member States winch have notified  unplementing measures: all except A 

Austria 

-  96/0412, no measures notified,  Art.  169 letter in 1996 

90/0120 
Bovine semen 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0711, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

343 

90/0167 
Medicated  feedingstuffs 
Member States wliich have notified  implementing measures: all except FIN 

Spain 

Finland 

-  92/0161, no measures notified, judgment in  1994, Case  C-94/094, 

terminated in 1996 

-  96/0710, no measures notified,  Art.  169 letter in 1996 

90/0168 
Organisms harmful  to plants 
Member States which have notified  implementing measures: all 

Finland 

-  96/0709, no measiures notified, Art.  169 letter in 1996, terminated in 

1996 

90/0335 
Plant protection  products 
Member States winch have notified  implementing measures: all except FIN 

Finland 

-  96/0708, no measures notified,  Art.  169 letter in 1996 

90/0422 
Health problems - trade in animals - bovine leukosis 
Member States which have notified  implementing measures: all. 

90/0423 
Control of foot-and-mouth  disease 
Member  States which have notified  implementing measures: all 

344 

90/0425 
Veterinary checks in intra-Community trade 
Member States which have notified  implementing measures: all except IRL 

Ireland 

-  92/0799, no measures notified,  reasoned opinion in 1993, referral  in 
1994, Case C-94/161, judgment in  1995, Art.  171 letter in 1996 
(reasoned opinion (171) to be sent in 1997) 

Finland 

-  96/0707, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

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 

Austria 

-  96/0414, no measures notified,  Art.  169 letter in 1996 

90/0428 
Trade in equidae for  competitions 
Member States which have notified  implementing measures: all except A 

Germany 

-  92/0121, no measures notified,  reasoned opinion in  1993, tenninated 

in  1996 

Austria 
Sweden 

-  96/0415, no measures notified,  Art.  169 letter in 1996 
-  96/0532, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in 1997) 

90/0429 
Health problems - porcine semen 
Member  States which have notified  implementing measures: all 

345 

90/0439 
Products used in  feedingstuffs 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0706, no measures notified, Art.  169 letter in 1996 

90/0533 
Plant protection products 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0705, no measures notified, Art.  169 letter in 1996 

90/0539 
Health problems - poultry and hatching eggs 
Member States which have notified  implementing measures: all 

90/0642 
Pesticide residues in and on plant products 
Member States which have notified  implementmg measures: all 

Finland 

-  96/0704, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in  1997) 

90/0667 
Processing of animal waste 
Member  States winch have notified  implementing measures: all except A and FIN 

Netherlands 

-  92/0456, no measures notified,  Case C-94/093, judgment in  1995, 

Austria 
Finland 

Art.  171 letter in  1995, tenninated in 1996 

-  96/0418, no measures notified, Art.  169 letter in 1996 
-  96/0703, no measures notified,  Art.  169 letter in 1996 

346 

90/0675 
Veterinary checks for products from non-member countries 
Member  States which have notified  implementing measures: all except IRL 

Ireland 

-  92/0801, no measures notified,  reasoned opinion in  1993, referral in 
1994, Case C-94/132, judgment in  1995, Art.  171 letter m 1996 
(reasoned opinion (171 ) to be sent in 1997) 

91/0067 
Aquaculture products 
Member States which have notified  implementing measures: all 

Ireland 

-  93/0275, no measures notified,  referral  in  1995, Case C-95/325, 

judgment in  1996, tenninated in 1996 

91/0068 
Health problems - trade in sheep 
Member  States which have notified  implementing measures: all 

91/0069 
Health problems - trade in sheep 
Member States which have notified  implementing measures: all except S 

Sweden 

-  96/0531, no measures notified,  Ait.  169 letter in  1996 

91/0126 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0701, no measures notified,  Art.  169 letter in  1996 

91/0132 
Feedingstuffs  - undesirable  substances 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0700, no measures notified,  Art.  169 letter in  1996 

347 

91/0174 
Marketing of pure-bred  animals 
Member States which have notified  implementing measiures: all except A 

Austria 

-  96/0419, no measures notified,  Art.  169 letter in 1996 

91/0188 
Plant protection products, containing certain active  substances 
Member  States which have notified  nnplementing measures: all except FIN 

Finland 

-  96/0699, no measures notified,  Art.  169 letter in 1996 

91/0248 
Feedingstuffs  - additives 
Member  States which have notified  implementing measures: all except FIN 

91/0249 
Feedingstuffs  - additives 
Member  States which have notified  implementing measures: all except FIN 

Finland 

-  96/0698, no measures notified,  Art.  169 letter in 1996 

91/0266 
Health problems - trade in animals and meat 
Member  States which have notified  implementing measures: all 

91/0334 
Compound feedingstuffs  for pet animals 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/696, no measures notified,  Art.  169 letter in 1996 

348 

91/0336 
Feedingstuffs  - additives 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0695, no measures notified,  Art.  169 letter in 1996 

91/0357 
Compound  feedingstuffs 
Member  States wliich have notified  implementing measures: all except FIN 

Finland 

-  96/0694, no measures notified,  Art.  169 letter in 1996 

91/0414 
Placing of plant protection products on the market 
Member States winch have notified  implementing measures: B, DK, E, F, IRL, I, L, NL, P, FIN, 

S,UK 

Germany 
Greece 

-  93/0906, no measures notified, referral  in  1996, C-96/137 
-  93/0914, no measures notified, referral  in  1995, Case C-95/380, 

Austria 

-  96/0421, no measures notified. Art.  169 letter in 1996 

judgment in 1996 

91/0492 
Live bivalve molluscs 
Member  States which have notified  implementing measures: all except A 

Ireland 

Austria 
Finland 

-  93/0266, no measures notified, referral  in  1995, Case C-95/325; 

judgment in  1996, tenninated in 1996 

-  96/0423, no measures notified, Art.  169 letter in 1996 
-  96/0693, no measures notified, Art.  169 letter in 1996 

(to be tenninated in 1997) 

349 

91/0493 
Fishery products 
Member States which have notified  implementing measures: all except A 

Ireland 

Austria 
Finland 

-  93/0265, no measures notified, referral  in 1995, Case C-95/325. 

judgment in  1996, terminated in 1996 

-  96/0424, no measures notified,  Art.  169 letter in 1996 
-  96/0692, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in  1997) 

91/0494 
Health problems - import of poultrymeat 
Member States which have notified  implementing measures: all 

Finland 

-  96/0691, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

91/0495 
Rabbit meat and fanned  game meat 
Member States which have notified  implementing measures: all except FIN 

Ireland 
United Kingdom 

-  93/0264, no measures notified,  referral  in  1995, Case  C-95/324 
-  93/0473, no measiures notified,  referral  in 1995, 

Finland 

-  96/0690, no measures notified,  Art.  169 letter in 1996 

Case C-95/306, withdrawn in  1996 

91/0496 
Veterinary checks for animals from non-member  countries 
Member  States which have notified  implementing measures: all except IRL 

Ireland 

-  92/0808, no measures notified,  referral  in  1994, Case C-94/138, 

judgment in  1995, Art.  171 letter in  1996 (reasoned opinion (171) to 
be sent in 1997) 

350 

91/0497 
Fresh meat 
Member States which have notified  implementing measures: all 

Finland 

-  96/0689, no measures notified,  Art.  169 letter in 1996 

(to be terminated in 1997) 

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 

Finland 

-  96/0688, no measures notified,  Art.  169 letter in 1996 

91/0628 
Protection of animals during transport 
Member  States which have notified  implementing measures: all except F and A 

France 

-  93/0229, no measures notified, referral  in  1995, Case C-95/017, 

judgment in  1995, Art.  171 letter in  1996 (reasoned opinion (171) to 
be sent in 1997) 

Austria 

-  96/0426, no measures notified,  Art.  169 letter in 1996 

91/0629 
Protection of calves 
Member  States which have notified  implementing measiures: all except A and FIN 

Austria 
Finland 

-  96/0427, no measures notified,  Art.  169 letter in  1996 
-  96/0687, no measures notified,  Art.  169 letter in 1996 

;5i 

91/0630 
Protection of pigs 
Member States which have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0428, no measures notified,  Art.  169 letter in 1996 
-  96/0686, no measures notified, Ait.  169 letter in 1996 

91/0682 
Material for the propagation of ornamental plants 
Member  States which have notified  implementing measures: all except A and FIN 

Austria 
Sweden 

-  96/0431, no measures notified,  Art.  169 letter in 1996 
-  96/0530, no measures notified,  Art.  169 letter in 1996, 

(to be terminated in 1997) 

Finland 
United  Kingdom 

-  96/0685, no measures notified,  Art.  169 letter in 1996 
-  93/0468, no measures notified,  reasoned opinion in 1995, tennmated 

in 1996 

91/0683 
Organisms hannful  to plants 
Member  States which have notified  implementing measures: all 

Finland 

-  96/0684, no measures notified,  Art.  169 letter in 1996, terminated in 

1996 

91/0684 
Health problems - egg products 
Member  States which have notified  implementing measures: all 

Austria 

Finland 

-  96/0432, no measures notified,  Art.  169 letter in 1996 

(to be terminated in 1997) 

-  96/0683, no measures notified,  Art.  169 letter in  1996 (to be 

tenninated in 1997) 

352 

91/0685 
Control of classical swine fever 
Member States which have notified  implementing measures: all 

Italy 

-  92/0834, no measures notified, referral  m 1993, Case C-94/257, 
judgment in  1995, Art.  171 letter in  1996, tenninated in 1996 

91/0687 
Health problems - trade in animals - classical swine fever 
Member States which have notified  implementing measures: all 

Finland 

-  96/0682, no measures notified, Art.  169 letter in  1996, tenninated in 

1996 

91/0688 
Health problems - import of animals and meat 
Member States which have notified  implementing measures: all except FIN 

Belgium 

-  92/0671, no measures notified,  Case C-94/066, judgment in  1995, 

Art.  171 letter in 1995, tenninated in 1996 

Italy 

-  92/0836, no measures notified,  Case C-94/257, judgment in 1995, 

tenninated  in 1996 

92/0005 
Health problems - meat products 
Member States wliich have notified  implementing measures: all 

Greece 

Finland 

-  93/0137, no measures notified, referral  in  1995, Case C-95/304. 

judgment in  1996, tenninated  in 1996 

-  96/0680, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in 1997) 

92/0009 
Seed of oil and fibre plants 
Member States which have notified  implementing measures: all except A and FIN 

Austria 
Finland 

-  96/0434, no measures notified, Art.  169 letter in 1996 
-  96/0679, no measures notified, Ait.  169 letter in 1996 

353 

92/0019 
Fodder-plant  seed 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0678, no measures notified,  Art.  169 letter in 1996 

92/0033 
Vegetable propagating material 
Member States which have notified  unplementing measures: all except I, A and FIN 

Italy 

-  93/0297, no measures notified,  referral  in  1995, Case C-95/118, 

judgment in  1995, Art.  171 letter in  1996 (reasoned opinion (171) to 
be sent in  1997) 

United  Kingdom 

-  93/0460, no measures notified,  reasoned opinion in  1995, terminated 

in 1996 

Austria 
Finland 

-  96/0437, no measures notified,  Art.  169 letter in 1996 
-  96/0677, no measures notified,  Art.  169 letter in 1996 

92/0034 
Fruit-plant propagating material 
Member  States which have notified  implementing measures: all except I, A and FIN 

Italy 

-  93/0296, no measures notified, referral  in  1995, Case C-95/118, 

judgment in  1995, Art.  171 letter in 1996 (reasoned opimon (171) to 
be sent in  1997) 

United  Kingdom 

-  93/0459, no measures notified, reasoned opinion in 1995, tenninated 

in 1996 

Austria 
Finland 

-  96/0438, no measures notified,  Art.  169 letter in 1996 
-  96/0676, no measures notified,  Art.  169 letter in 1996 

92/0035 
Control of African  horse sickness 
Member States which have notified  implementing measures: all 

France 

Italy 

Finland 

93/0213, no measures notified,  referral  in  1995, Case C-95/017, 
judgment  in 1995, tenninated in  1996 
93/0295, no measures notified,  referral  in  1995, Case C-95/117, 
judgment in  1996, tenninated  in  1996 
96/0675, no measures notified,  Ait.  169 letter in  1996, tenninated in 
1996 

354 

92/0036 
African  horse sickness 
Member States which have notified  unplementing measures: all 

92/0040 
Avian  influenza 
Member States winch have notified  implementing measures: all except I 

Italy 

-  93/0292, no measures notified,  referral  in  1995, Case C-95/117, 

judgment in  1996 (to be terminated in  1997) . 

United  Kingdom 

-  93/0456, no measures notified,  referral  in  1995, Case C-95/306, 

withdrawn in 1996 

92/0045 
Wild-game meat 
Member  States which have notified  implementing measures: all 

Ireland 

Italy 

Portugal 

-  94/0203, no measures notified,  refenal  in  1995, Case C-95/319, 

withdrawn in 1996 

-  94/0236, no measures notified,  referral  in  1995, Case C-95/314 (to 

be tenninated in  1997) 

-  94/0336, no measures notified,  referral  in  1996, Case C-95/385, 

withdrawn m 1996 

United  Kingdom 

-  94/0369, no measures notified,  reasoned opinion in  1994, tenninated 

in 1996 

Finland 

-  96/0674, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in  1997) 

92/0046 
Milk products 
Member States which have notified  implementing measiures: all except I 

Ireland 

Italy 
Finland 

-  94/0204, no measures notified,  refenal  in  1995, Case C-95/319, 

withdrawn in 1996 

-  94/0237, no measures notified,  referral  in  1995, Case C-95/314 
-  96/0673, no measures notified,  Art.  169 letter in 1996 

(to be tennmated  in 1997) 

355 

92/0048 
Hygiene rules applicable to fishery products 
Member States winch have notified  implementmg measures: all 

Ireland 

Italy 

Finland 

-  93/0247, no measures notified,  referral  in  1995, Case C-95/325, 

judgment in  1996, tenninated m 1996 

-  93/0290, no measures notified,  referral  in  1995, Case C-95/116, 

withdrawn in 1996 

-  96/0672, no measures notified,  Art.  169 letter in 1996, terminated in 

1996 

92/0060 
Veterinary and zootechnical  checks in intra-Community trade 
Member  States which have notified  unplementmg measures: all 

Ireland 

-  94/0456, no measures notified,  reasoned opinion in 1996, tenninated 

in 1996 

92/0063 
Undesirable  substances and products in animal nutrition. 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0671, no measures notified,  Ait.  169 letter in 1996 

92/0064 
Feedmgstuffs  - additives 
Member States which have notified  implementing measures: all except FIN 

Finland- 

-  96/0670, no measures notified,  Art.  169 letter in  1996 

92/0065 
Semen, ova and embryos not subject to Directive  90/425/EEC 
Member States wliich have notified  implementing measures: all except I 

Greece 

Ireland 

-  94/0120, no measures notified,  referral  in  1996, Case C-96/227, 

withdrawn in  1996 

-  94/0207, no measures notified,  referral  in  1995, Case C-95/319. 

withdrawn  in 1996 

356 

Italy 

-  94/0240, no measures notified, referral  in  1995, Case C-95/314 (to 

be tenninated in 1997) 

Finland 

-  96/0669, no measures notified, Art.  169 letter in 1996 

(to be tenninated in 1997) 

92/0066 
Control of Newcastle disease 
Member States which have notified  implementing measures: all except I 

Greece 

Italy 

-  93/1026, no measures notified,  referral  in  1996, Case C-96/241, 

withdrawn in 1996 

-  93/1046, no measures notified, referral  in  1995, Case C-95/313 (to 

he terminated in 1997) 

United  Kingdom 

-  93/1088, no measures notified, reasoned opinion in  1994, tenninated 

in 1996 

92/0067 
Veterinary checks in uitra-Community trade 
Member States which have notified  implementing measures: all 

Ireland 

-  94/0457, no measures notified, reasoned opinion in 1996, tenninated 

in 1996 

92/0070 
Recognition of protected zones 
Member States which have notified implementing measures: all except FIN 

Finland 

-  96/0667, no measures notified. Art.  169 letter in 1996 

92/0076 
Protected zones exposed to particular plant health risks 
Member  States winch have notified  unplementing measures: all except FIN 

Finland 

-  96/0666, no measures notified,  Art.  169 letter in 1996 

92/0087 
Preparation  of compoimd feedingstuffs  intended for animals other than pets 
Member  States which have notified  implementing measures: all except FIN 

357 

92/0088 
Undesirable substances and products in animal nutrition 
Member States which have notified  implementing measures: all except I and FIN 

Italy 
Finland 

-  94/0243, no measures notified,  referral  in  1995, Case C-95/314 
-  96/0665, no measures notified, Art.  169 letter in 1996 

92/0089 
Community methods of analysis for the official  control of  feedingstuffs 
Member States winch have notified  unplementing measures: all except FIN 

Portugal 

-  93/1078, no measures notified,  reasoned opinion in  1994, tenninated 

Finland 

-  96/0664, no measures notified,  Art.  169 letter in 1996 

in 1996 

92/0090 
Producers and importers of plants 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0663, no measures notified, Art.  169 letter in 1996 

92/0095 
Community methods of analysis for the official  control of  feedingstuffs 
Member States which have notified  implementing measures: all except FIN 

Portugal 

-  93/1079, no measures notified,  referral  in  1995, Case C-95/402. 

withdrawn in 1996 

92/0098 
Organisms hannful  to plants 
Member States which have notified  unplementing measures: all 

Finland 

-  96/0662, no measures notified, Art.  169 letter in  1996, tenninated in 

1996 

358 

92/0102 
Identification  and registration of animals 
Member States which have notified  nnplementing measures: all except FIN and UK 

Belgium 

Spain 

Ireland 

-  95/0015, no measures notified,  Art.  169 letter in 1995 (**), 

terminated in 1996 

-  95/0077, no measures notified,  Art.  169 letter in 1995 (**), 

terminated in 1996 

-  94/0212, no measures notified, reasoned opinion in 1994 (*), 

terminated in 1996 

-  95/0111, no measures notified, Art.  169 letter in  1995 (**), 

terminated in 1996 

Italy 

-  94/0245, no measures notified,  reasoned opinion in 1994 (*), 

tenninated in 1996 

-  95/0128, no measures notified, reasoned opinion in  1996 (**), 

tenninated in 1996 

United Kingdom 

-  95/0191, no measures notified, reasoned opinion in 1996(**) 

(referral  scheduled in  1997) 

Finland 

-  96/0661, no measures notified,  Art.  169 letter in 1996  (***) 

( *) 

Cattle and pigs 
Sheep and goats 
All aspects 

92/0103 
Organisms hannful  to plants 
Member  States which have notified  implementing measures: all 

Finland 

-  96/0660, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

92/0105 
Plant passports 
Member  States which have notified  implementing measures: all except A and FIN 

Finland 

-  96/0659, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

359 

92/0107 
Oil and fibre plants 
Member States which have notified  implementing measures: all except A and FIN 

Italy 

Austria 
Finland 
Portugal 

-  94/0872, no measures notified, reasoned opinion in  1996, tenninated 

in 1996 

-  96/0440, no measures notified,  Art.  169 letter in 1996 
-  96/0658, no measures notified, Art.  169 letter in 1996 
-  94/0928, no measures notified, Art.  169 letter in  1995, terminated in 

. 1996 

92/0113 
Additives in  feedmgstuffs 
Member States which have notified  implementing measures: all except FIN 

92/0116 
Health problems affecting  trade in fresh poulrrymeat 
Member  States winch have notified  implementing measures: all except D and I 

Germany 
Greece 

Ireland 

Italy 

-  94/0081, no measures notified,  referral  in 1996, Case C-96/138 
-  94/0113, no measures notified,  referral  in  1996, Case C-96/094, 

withdrawn in 1996 

-  94/0214, no measures notified,  referral  in 1995, Case C-95/319, 

withdrawn in 1996 

-  94/0247, no measures notified,  referral  in  1995, Case C-95/314 

92/0117 
Zoonoses and zoonotic agents 
Member  States which have notified  implementmg measures: all except I and B 

Belgium 
France 

Ireland 

Italy 
Netherlands 

Finland 

94/0019, no measures notified,  reasoned opinion in 1994 
94/0182, no measures notified,  referral  in  1995, Case C-95/256, 
withdrawn in 1996 
94/0215, no measures notified, referral  in  1995, Case C-95/319, 
withdrawn in 1996 
94/0248, no measures notified, referral  in  1995, Case C-95/314 
94/0316, no measures notified,  Art.  169 letter in  1994, tenninated in 
1996 
96/0656, no measures notified,  Ait.  169 letter in 1996 

360 

92/0118 
Products not subject to specific health requirements 
Member States which have notified implementing measures: all except I, EL and FIN 

Greece 

France 

Ireland 

Italy 
Finland 

-  94/0111, no measures notified,  referral  in  1996, Case C-96/091, 

judgment in 1996 

-  94/0183, no measures notified, referral in  1995, Case C-95/256, 

withdrawn in 1996 

-  94/0216, no measures notified, referral in  1995, Case C-95/319, 

withdrawn in 1996 

-  94/0249, no measures notified,  referral  in  1995, Case C-95/314 
-  96/0655, no measures notified,  Art.  169 letter in 1996 

92/0119 
Specific measures relating to swine vesicular disease 
Member States which have notified  implementing measures: all 

Belgium 
Ireland 

Italy 

-  93/0974, no measures notified, reasoned opinion in 1994 
-  93/1037, no measures notified,  referral  in  1995, Case C-95/318, 

withdrawn in 1996 

-  93/1050, no measures notified,  referral  in  1995, Case C-95/313, 

withdrawn in 1997 

Netherlands 

-  93/1058, no measures notified,  reasoned opinion in  1994, tenninated 

in  1996 

93/0017 
Community grades of seed potatoes 
Member  States which have notified  unplementing measures: all except FIN 

Finland 

-  96/0654, no measures notified,  Art.  169 letter in  1996 

93/0026 
Feedingstuffs 
Member  States winch have notified  implementing measures: all except FIN 

Finland 

-  96/0653, no measures notified,  Art.  169 letter in 1996 

361 

93/0027 
Feedingstuffs  - additives 
Member States winch have notified  implementing measures: all except FIN 

Greece 

Finland 

-  94/0542, no measures notified, referral  in  1996, Case C-96/211, 

terminated in 1996 

-  96/0652, no measures notified, Art.  169 letter in 1996 

93/0028 
Official  control of  feedingstuffs 
Member States which have notified  implementing measiures: all except P and FIN 

Portugal 
Finland 

-  94/0934, no measures notified,  reasoned opinion in 1996 
-  96/0651, no measures notified,  Art.  169 letter in 1996 

93/0048 
Fruit-plant propagating material 
Member  States which have notified  implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S. 

UK 

Germany 
France 

Italy 

Austria 
Finland 
Portugal 

United  Kingdom 

notified,  referral  in  1996, Case C-96/139 
notified,  referral  in  1995, Case  C-95/256, 

94/0086, no measures 
94/0185, no measures 
withdrawn in 1996 
94/0253, no measures notified, referral in  1995, Case C-95/315, 
judgment in 1996 
96/0447, no measures 
96/0650, no measures 
94/0352, no measures 
withdrawn in 1996 
94/0384, no measures notified,  reasoned opimon in  1995, tennmated 
in 1996 

notified,  Art.  169 letter in 1996 
notified,  Art.  169 letter in 1996 
notified,  referral  in 1995, Case C-95/385. 

93/0049 
Material for the propagation  of ornamental plants 
Member  States which have notified  implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S, 

UK. 

Germany 
France 

94/0087, no measures notified,  refenal  in 1996, Case  C-96/139 
94/0186, no measures notified,  referral  in  1995, Case C-95/256, 
withdrawn  in 1996 

362 

Italy 

Austria 
Portugal 

-  94/0254, no measures notified,  referral  in  1995, Case C-95/315, 

judgment in 1996 

-  96/0448, no measures notified,  Art.  169 letter in 1996 
-  94/0353, no measures notified,  referral  in  1995, Case C-95/385, 

withdrawn in 1996 

United Kingdom 

-  94/0385, no measures notified, reasoned opinion in  1995, tenninated 

in 1996 

Sweden 

Finland 

-  96/0529, no measures notified,  Art.  169 letter in 1996 

(to be terminated in 1997) 

-  96/0649, no measures notified,  Art.  169 letter in 1996 

93/0050 
Organisms harmful  to plants 
Member States which have notified  unplementmg measures: all except FIN 

Finland 

-  96/0648, no measures notified,  Art.  169 letter in 1996 

93/0051 
Movement of plants in protected  zones 
Member States which have notified  implementing measures: all except FIN 

Finland 

-  96/0647, no measures notified,  Art.  169 letter in  1996 

93/0052 
Embryos of domestic bovine animals 
Member States wliich have notified  implementing measures, all except EL 

Belgium 

-  94/0026, no measures notified,  reasoned opinion in 1994, tenninated 

Greece 

Italy 

in 1996 

-  94/0108, no measures notified,  referral  in  1996, Case C-96/091, 

judgment  in 1996 

-  94/0255, no measures notified,  referral  in  1995, Case C-95/315, 

judgment in 1996 (to be tenninated in  1997) 

United  Kingdom 

-  94/0386, no measures notified,  reasoned opinion in  1994, tenninated 

in  1996 

363 

93/0053 
Control of certain fish diseases 
Member States which have notified  unplementing measures: B, DK, D, EL, E, IRL, L, NL, A, 

FIN, S, UK 

Belgium 

-  94/0786, no measures notified, Art.  169 letter in 1995, tennmated in 

Greece 

France 

Ireland 

1996 

-  94/0985, no measures notified, Art.  169 letter in  1995, terminated in 

,  1996 

-  94/0840, no measures notified,  reasoned opinion in 1996 

(referral  scheduled in 1997) 

-  94/0859, no measures notified, referral in  1996, Case C-96/290, 

withdrawn in 1996 

Italy 
Netherlands 

-  94/0880, no measures notified, referral  in  1996, Case C-96/316 
-  94/0915, no measures notified, Art.  169 letter in  1995, tenninated in 

1996 

Portugal 

Finland 

-  94/0937, no measures notified, Art.  169 letter in 1995 

(reasoned opinion to be sent in 1997) 

-  96/0646, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

93/0054 
Animals and products offish  fanning 
Member States wliich have notified  implementing measures: all except I 

Belgium 

Ireland 

Italy 
Portugal 

-  94/0787, no measures notified, Art.  169 letter in  1995, tennmated in 

1996 

-  94/0860, no measures notified, refenal  in  1996, Case C-96/290, 

withdrawn in 1996 

-  94/0881, no measures notified, referral  in  1996, Case C-96/316 
-  94/0938, no measures notified, Art.  169 letter in  1996, tennmated in 

1996 

93/0055 
Feedingstuffs  - additives 
Member States which have notified  unplementing measures: all except FIN 

Greece 

Finland 

-  94/0696, no measures notified,  reasoned opinion in  1996, tenninated 

in  1996 

-  96/0645, no measures notified,  Art.  169 letter in 1996 

364 

93/0056 
Feedingstuffs 
Member States which have notified  implementing measures: all except FIN 

v 

Finland 

-  96/00644, no measures notified, Art.  169 letter in. 1996 

93/0057 
Pesticide residues - cereals and foodstuffs  of animal origin 
Member States which have notified  unplementing measures: all 

Finland 

-  96/0643, no measures notified, Art.  169 letter in  1996 

(to be terminated m 1997) 

93/0058 
Pesticide residues - products of plant origin 
Member States which have notified  implementing measures: all 

Finland 

-  96/0642, no measures notified, Art.  169 letter in 1996 

(to be tenninated in  1997) 

93/0060 
Fresh semen 
Member States wliich have notified  implementing measures: all except EL and P 

Greece 
Italy 

-  94/0983, no measures notified,  reasoned opinion in 1996 
-  94/0882, no measures notified, referral  in  1996, Case C-96/317, 

withdrawn in 1996 

Portugal 
United Kingdom 

-  94/0939, no measures notified,  reasoned opinion in 1996 
-  94/0959, no measures notified, Art.  169 letter in 1995, tennmated m 

1996 

365 

93/0061 
Vegetable propagating and planting material 
Member States which have notified  implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S. 

UK 

Belgium 

Germany 
France 

Italy 

Austria 
Finland 
Portugal 

United  Kingdom 

referral in  1996, Case C-96/139 
referral  in 1995, Case C-95/256, 

94/0029, no measures notified,  reasoned opinion in 1994, tenninated 
in 1996 
94/0091, no measures  notified, 
94/0190, no measures  notified, 
withdrawn in 1996 
94/0258, no measures notified, referral  in  1995, Case C-95/315: 
judgment in 1996 
96/0449, no measures  notified, 
96/0641, no measures  notified, 
94/0357, no measures  notified, 
withdrawn in 1996 
94/0389, no measures notified,  reasoned opinion in 1995, termmated 
in 1996 

Art.  169 letter in 1996 
Art.  169 letter in 1996 
referral  in  1995, Case C-95/385. 

93/0062 
Vegetable propagating material 
Member States which have notified  implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S, 

UK. 

Belgium 

Germany 
France 

Italy 

Austria 
Finland 
Portugal 

United  Kingdom 

referral  in  1996, Case  C-96/344 
Art.  169 letter in 1994, tenninated in 

94/0628, no measures notified,  referral  in  1996,Case  C-96/243 
withdrawn in 1996 
94/0652, no measures  notified, 
94/0679, no measures  notified, 
1996 
94/0724, no measures notified,  reasoned opinion in 1996  (referral 
scheduled in 1997) 
96/0450, no measures  notified, 
96/0640, no measures  notified, 
94/0757, no measures  notified, 
in  1996 
94/0960, no measures notified,  Art.  169 letter in  1995, tenninated in 
1996 

Art.  169 letter in 1996 
Art.  169 letter in 1996 
reasoned opimon in  1996, tenninated 

366 

93/0063 
Ornamental plants 
Member States which have notified  implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S. 

UK 

Belgium 

Germany 
France 

Italy 

Austria 
Sweden 

Finland 
Portugal 

United  Kingdom 

referral  in  1996, Case  C-96/344 
Art.  169 letter in 1994, tenninated in 

94/0629, no measures notified,  referral  in  1996, Case  C-96/244 
withdrawn in 1996 
94/0653, no measures  notified, 
94/0680, no measures  notified, 
1996 
94/0725, no measures notified,  reasoned opinion in  1996 (referral 
scheduled in  1997) 
96/0451, no measures  notified, 
96/0528, no measures  notified, 
(to be tenninated in  1997) 
96/0639, no measures  notified, 
94/0758, no measures  notified, 
in 1996 
94/0961, no measures notified,  Art.  169 letter in  1995, terminated in 
1996 

Art.  169 letter in 1996 
reasoned opmion in  1996, terminated 

Art.  169 letter in 1996 
Art.  169 letter in 1996 

93/0064 
Fmit plant propagating material 
Member  States which have notified  unplementmg measures: B, DK, EL, E, F, IRL, L, NL, P, S. 

UK 

Belgium 

Germany 
France 

Italy 

Austria 
Finland 
Portugal 

United  Kingdom 

notified,  referral  in  1996, Case  C-96/344 
notified,  Art.  169 letter in  1994, tenninated in 

94/0630, no measures notified, referral  m 1996, Case  C-96/265 
withdrawn in 1996 
94/0654, no measures 
94/0681, no measures 
1996 
94/0726, no measures notified,  reasoned opinion in  1996 (referral 
scheduled in 1997) 
96/0452, no measures 
96/0638, no measures 
94/0759, no measures 
in  1996 
94/0962, no measures notified, Art.  169 letter in  1995, tenninated in 
1996 

notified,  Art.  169 letter in 1996 
notified,  Art.  169 letter in 1996 
notified, reasoned opinion in  1996, tenninated 

!67 

93/0070 
Official  control of  feedingstuffs 
Member States wliich have notified  implementing measures: all except EL and FIN 

Greece 

Portugal 

-  94/0694, no measures notified,  reasoned opinion in  1996 (referral 

scheduled in  1997) 

-  94/0760, no measures notified, reasoned opimon in  1996, tenninated 

m 1996 

United Kingdom 

-  94/0773, no measures notified,  reasoned opinion in 1996, terminated 

Finland 

-  96/0637, no measures notified, Art.  169 letter in 1996 

in 1996 

93/0071 
Plant protection  products 
Member States wliich have notified  implementing measures: B, DK, E, F, IRL, I, L, NL, P, FIN, 

S,UK 

Germany 

-  94/0816, no measures notified,  reasoned opinion in  1996  (referral 

scheduled in 1997) 

Greece 
Austria 
Finland 

-  94/0980, no measures notified, reasoned opinion in 1996 
-  96/0454, no measures notified,  Art.  169 letter in 1996 
-  96/0636, no measures notified,  Art.  169 letter in 1996, termmated in 

1996 

93/0074 
Feedingstuffs  intended for special nutritional purposes 
Member  States winch have notified  unplementuig measures: B, DK, D, IRL, L, NL, A, P, S, UK 

Belgium 

-  95/0395, no measures notified, Art.  169 letter in  1995, tenninated in 

1996 

Germany 

-  95/0433, no measures notified,  Art.  169 letter in  1995, terminated in 

Spain 

France 
Greece 
Ireland 

Italy 

1996 

-  95/0478, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  95/0501, no measures notified,  reasoned opimon in 1996 
-  95/0451, no measures notified,  reasoned opinion in 1996 
-  95/0523, no measures notified,  Art.  169 letter in  1995, tennmated in 

1996 

-  95/0543, no measures notified,  reasoned opinion in 1996 

368 

Portugal 

Finland 

-  95/0604, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  96/0635, no measures notified,  Art.  169 letter in 1996 

93/0078 
Ornamental plants 
Member States which have notified  implementing measures: B, DK, EL, E, F, IRL, L, NL, P, S, 

UK 

Belgium 

Germany 
France 

Italy 

Portugal 

Austria 
Sweden 

Finland 
United Kingdom 

94/0631, no measures 
withdrawn in 1996 
94/0655, no measures 
94/0683, no measures 
1996 
94/0728, no measures 
scheduled in 1997) 
94/0761, no measures 
in  1996 
96/0455, no measures 
96/0527, no measures 
1996 
96/0634, no measures 
94/0967, no measures 
1996 

notified, referral  in  1996, Case  C-96/244, 

notified, referral  in  1996, Case  C-96/344 
notified,  Art.  169 letter in  1994, terminated in 

notified, reasoned opinion in  1996 (referral 

notified,  reasoned opimon in  1996, tenninated 

notified, Art.  169 letter in  1996 
notified,  Art.  169 letter in  1996, tenninated in 

notified, Art.  169 letter in 1996 
notified,  Art.  169 letter in  1995, tenninated m 

93/0079 
Fruit plant propagating material 
Member States winch have notified  unplementing measures: B, DK, EL, E, F, IRL, L, NL, P, S, 

UK 

Belgium 

Germany 
France 

Italy 

Austria 
Sweden 

Finland 

-  94/0632, no measures notified, referral  in 1996, Case C-96/265, 

withdrawn in 1996 

-  94/0656, no measures notified,  referral  in  1996, Case  C-96/344 
-  94/0684, no measures notified,  Art.  169 letter in  1994, tenninated in 

1996 

-  94/0729, no measures notified,  reasoned opinion in  1996  (referral 

scheduled in 1997) 

-  96/0456, no measures notified,  Art.  169 letter in  1996 
-  96/0526, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

-  96/0633, no measures notified,  Art.  169 letter in 1996 

369 

Portugal 

-  94/0762, no measures notified,  reasoned opinion in  1996, tenninated 

United  Kingdom 

-  94/0968, no measures notified,  Art.  169 letter in  1995, terminated in 

in  1996 

1996 

93/0085 
Potato ring rot 
Member States which have notified  implementing measures: B, DK, EL, E, F, IRL, I, L, NL, P, 

S, UK 

Germany 
Italy 
Austria 
Finland 

-  94/0093, no measures notified,  referral in  1996, Case C-96/146 
-  94/0260, no measures notified, referral in  1995, Case C-95/315 
-  96/0457, no measures notified,  Art.  169 letter in 1996 
-  96/0632, no measures notified,  Art.  169 letter in 1996 

93/0106 
Particular plant health risks - protected zones 
Member  States which have notified  implementing measures: all except EL and L 

Greece 

-  94/0423, no measures notified,  reasoned opinion in  1995 (referral 

scheduled in  1997) 

Luxembourg 
United  Kingdom 

-  94/0477, no measures notified,  referral  in  1996, Case  C-96/362 
-  94/0498, no measures notified,  Ait.  169 letter in  1994, tenninated in 

1996 

93/0107 
Feedingstuffs  - additives 
Member  States which have notified  implementing measures: all except FIN 

Greece 

Austria 

Finland 

-  95/0067, no measures notified,  reasoned opmion in  1996, terminated 

in  1996 

-  96/0459, no measiures notified,  Art.  169 letter in 1996 

(to be tenninated in  1997) 

-  96/0631, no measures notified,  Art.  169 letter in 1996 

370 

93/0110 
Organisms hannful  to plants and plant products 
Member States which have notified  implementing measures: all 

Greece 

Finland 

-  94/0422, no measures notified,  reasoned opimon in  1995, terminated 

in 1996 

-  96/0630, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

93/0113 
Enzymes and micro-organisms in animal nutrition 
Member States which have notified  implementing measures: B, DK, D, EL, E, IRL, L, NL, A, P, 

S,UK 

Greece 

France 

Italy 
Austria 

Finland 

-  94/0977, no measures notified, reasoned opinion in  1996, tennmated 

in 1996 

-  94/0849, no measures notified,  reasoned opinion in  1996  (referral 

scheduled in  1997) 

-  94/0889, no measures notified,  referral  in  1996, Case C-96/316 
-  96/0461, no measures notified,  Art.  169 letter in  1996, to be 

termmated in 1997 

-  96/0629, no measures notified,  Art.  169 letter in  1996 (to be 

tenninated in 1997) 

Portugal 

-  94/0946, no measures notified,  reasoned opinion in  1996 (to be 

tenninated in 1997) 

93/0114 
Feedingstuffs  - additives 
Member  States which have notified  implementing measures: B, DK, D, E, IRL, L, NL, A, P, S, 

UK 

Greece 
France 

Italy 
Portugal 

Sweden 

Finland 

94/0976, no measures notified,  reasoned opinion in  1996 
94/0850, no measures notified,  reasoned opinion in  1996  (refenal 
scheduled in 1997) 
94/0890, no measures notified,  referral  in  1996, Case C-96/316 
94/0947, no measures notified,  reasoned opinion in  1996 (to be 
tenninated in 1997) 
96/0525, no measures notified,  Art.  169 letter in 1996 
(to be tenninated in 1997) 
96/0628, no measures notified,  Art.  169 letter in  1996 

371 

93/0117 
Official  control of  feedingstuffs 
Member States which have notified  unplementing measures: B, DK, D, E, F, LRL, I, L, NL, A, P, 

S,UK 

Greece 
Luxembourg 

-  95/0068, no measures notified, reasoned opimon m 1996 
-  95/0149, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

Portugal 

-  95/0179, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

United Kingdom 

-  95/0203, no measures notified,  reasoned opinion in  1996, terminated 

in 1996 

Sweden 

Finland 

-  96/0524, no measures notified,  Art.  169 letter in 1996 

(to be tenninated in 1997) 

-  96/0627, no measures notified,  Art.  169 letter in  1996 

93/0118 
Financing of veterinary health inspections 
Member  States winch have notified  implementing measures: 
for provisions falling  due on 31.12.1993: all except A, FIN 
for provisions falling due on 01.01.1995: DK, D, F, IRL, L, NL,S, UK 

Belgium 

Spain 

Greece 
Italy 
Austria 
Sweden 

Finland 
Portugal 

United  Kingdom 

95/0025, no measures notified,  reasoned opinion in  1996  (referral 
scheduled in  1997) 
95/0085, no measiures notified,  reasoned opinion in  1996  (referral 
scheduled in 1997) 
95/0069, no measures  notified, 
95/0135, no measures  notified, 
96/0462, no measures  notified, 
96/0523, no measures  notified, 
(to be tenninated in 1997) 
96/0626, no measures  notified, 
95/0180, no measures  notified, 
scheduled in 1997) 
95/0204, no measures notified,  Art.  169 letter in  1995, tenninated in 
1996 

reasoned opmion m 1996 
reasoned opmion in  1996 
Art.  169 letter in  1996 
Art.  169 letter in  1996 

Art.  169 letter in  1996 
reasoned opinion in  1996 (referral 

372 

93/0119 
Protection of animals at the time of slaughter or killing 
Member States which have notified  implementing measures: DK, EL, E, IRL, L, P 

Germany 

Belgium 

France 

Greece 

Italy 
Netherlands 

Austria 
Sweden 

Finland 
Portugal 

United  Kingdom 

95/0257, no measures  notified, 
scheduled in  1997) 
95/0233, no measures  notified, 
scheduled in 1997) 
95/0295, no measures  notified, 
scheduled in 1997) 
95/0271, no measures  notified, 
in 1996 
95/0322, no measures  notified, 
95/0352, no measures  notified, 
opinion to be sent in  1997) 
96/0463, no measures  notified, 
96/0522, no measures  notified, 
(to be terminated in  1997) 
96/0625, no measures  notified, 
95/0364, no measures  notified, 
1996 
95/0379, no measures  notified, 
scheduled in  1997) 

reasoned opmion in  1996 (referral 

reasoned opinion in 1996 (referral 

reasoned opimon in 1996 (referral 

reasoned opinion in  1996, terminated 

reasoned opinion in 1996 
Art.  169 letter in  1995 (reasoned 

Art.  169 letter in 1996 
Art.  169 letter in  1996 

Art.  169 letter in 1996 
Art.  169 letter in 1995, tenninated in 

reasoned opinion in 1996  (referral 

93/0120 
Health problems - poultry and hatching eggs 
Member  States which have notified  implementing measures: DK, D, E, F, IRL, L, NL, A, FIN, 

S,UK. 

Belgium 

Greece 
Italy 
Portugal 

-  95/0234, no measures notified, reasoned opinion in  1996  (referral 

scheduled in 1997) 

-  95/0272, no measures notified,  reasoned opinion in 1996 
-  95/0323, no measures notified, reasoned opinion in 1996 
-  95/0365, no measures notified,  reasoned opinion in 1996 

173 

93/0121 
Health problems - trade in poulrrymeat 
Member States which have notified  implementing measures: B, DK, D, E, F, ERL, L, NL, A, P, 

FIN, S, UK 

Greece 
Italy 
Sweden 

Finland 

-  95/0273, no measures notified, reasoned opinion in 1996 
-  95/0324, no measures notified, reasoned opinion in 1996 
-  96/0521, no measures notified, Art.  169 letter in 1996, termmated in 

1996 

-  96/0623, no measures notified, Art. i69  letter in  1996, terminated in 

1996 

94/0003 
Interception of hannful  organisms 
Member  States wliich have notified  implementing measures: all except L 

Germany 

-  94/0657 no measures notified, referral  in  1996, Case  C-96/344 

(withdrawn in 1997) 

Italy 

-  94/0730, no measures notified, reasoned opinion in 1996, tenninated 

in 1996 

Luxembourg 
Finland 

-  94/0741, no measures notified, referral  in  1996, Case  C-96/362 
-  96/0622, no measures notified, Art.  169 letter in  1996, tenninated in 

1996 

94/0013 
Organisms hannfi.il to plants 
Member  States winch have notified  implementing measures: all except D 

Germany 

-  95/0258, no measures notified, reasoned opinion in  1996 (referral 

scheduled in 1997) 

Denmark 

-  95/0248, no measures notified,  Art.  169 letter in  1995, tenninated in 

Italy 

Portugal 

Finland 

1996 

-  95/0325, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

-  95/0367, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  96/0621, no measures notified,  Art.  169 letter m 1996, terminated in 

1996 

374 

94/0014 
Feedingstuffs  - official  control 
Member States which have notified  implementing measures: all except P 

Luxembourg 

-  95/0571, no measures notified, Art.  169 letter in  1995, terminated in 

1996 

Austria 

-  96/0465, no measures notified,  Art.  169 letter in 1996, terminated in 

1996 

Portugal 

-  95/0608, no measures notified,  Art.  169 letter in 1995 

(reasoned opimon to be sent in 1997) 

94/0016 
Undesirable substances and products in animal nutrition 
Member States which have notified  implementing measures: B, DK, D, EL, E, F, IRL, NL, A, P, 

S,UK. 

Italy 
Luxembourg 

-  95/0326, no measures notified,  reasoned opinion in 1996 
-  95/0341, no measures notified,  reasoned opinion in  1996  (referral 

scheduled in 1997) 

Portugal 

Finland 

-  95/0368, no measures notified,  Art.  169 letter in 1995, tenninated in 

1996 

-  95/0620, no measures notified,  Art.  169 letter in 1996 

94/0017 
Feedingstuffs  - additives 
Member  States which have notified  unplementing measures: all except FIN 

Greece 

Portugal 

Finland 

-  95/0072, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  95/0184, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  no measures notified,  Art.  169 letter in 1996 

94/0028 
Imports from third countries - zootechnical and genealogical  conditions 
Member  States which have notified  implementmg measures: D, DK, EL, E, I, NL, FIN, S 

Germany 

Belgium 

-  95/0436, no measures notified, Art.  169 letter in  1995, tennmated in 

1996 

-  95/0402, no measures notified, reasoned opinion m 1996 

375 

Denmark 

France 
Greece 

Ireland 
Luxembourg 
Austria 
Portugal 

United Kingdom 

95/0424, no measures notified,  Art.  169 letter in  1995, tenninated in 
1996 
95/0505, no measures notified,  reasoned opinion in 1996 
95/0457, no measures notified,  Art.  169 letter in  1995, terminated m 
1996 
95/0527, no measures  notified, 
95/0573, no measures  notified, 
96/0467, no measures  notified, 
95/0610, no measures  notified, 
(reasoned opinion to be sent in 
95/0635, no measures  notified, 

reasoned opinion in 1996 
reasoned opinion in 1996 
Art.  169 letter in 1996 
Art.  169 letter in  1995 
1997) 
reasoned opimon in 1996 

94/0029 
Pesticide residues - cereals and foodstuffs  of animal origin 
Member States which have notified  implementing measures: all 

Belgium 

-  95/0403, no measures notified,  reasoned opinion m 1996 

France 

Italy 

(to be tenninated in  1997) 

-  95/0506, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  95/0549, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

Luxembourg 

-  95/0574, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

Portugal 

-  95/0611, no measures notified,  Art.  169 letter in 1995 

(to be tenninated in 1997) 

Finland 

-  96/0618, no measures notified,  Art.  169 letter in  1996 

(to be terminated in 1997) 

94/0030 
Pesticide residues m products of plant origin 
Member  States which have notified  implementing measures: all except F 

Belgium 

-  95/0404, no measures notified,  Art.  169 letter in 1996 

Spain 

France 
Italy 

(to be tenninated in  1997) 

-  95/0484, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  95/0507, no measures notified,  reasoned opmion in 1996 
-  95/0550, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

376 

Luxembourg 

-  95/0575, no measures notified,  Art.  169 letter in  1995, terminated in 

Portugal 

Finland 

1996 

-  95/0612, no measures notified, Art.  169 letter in 1995 

(to be terminated in 1997) 

-  96/0617, no measures notified,  Art.  169 letter in  1996 

(to be terminated in 1997) 

94/0037 
Plant protection products 
Member  States which have notified  implementing measures: B, DK, E, IRL, I, L, NL, FIN, S. 

UK. 

Germany 

-  95/0437, no measures notified, Art.  169 letter in  1995 

Spain 

France 
Greece 
Austria 
Finland 

(reasoned opinion to be sent in 1997) 

-  95/0485, no measures notified,  Art.  169 letter in  1995, tennmated in 

1996 

-  95/0509, no measures notified,  reasoned opinion in 1996 
-  95/0459, no measures notified,  reasoned opinion in 1996 
-  96/0468, no measures notified, Art/169 letter in 1996 
-  96/0616, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

Portugal 

-  95/0614, no measures notified,  Art.  169 letter in 1995 

(reasoned opinion to be sent in  1997) 

94/0039 
Intended uses of feedmgstuffs  for particular nutritional purposes 
Member  States which have notified  unplementmg measures: B, DK, E, IRL, L, NL, A, P, UK 

Germany 

Belgium 

Spain 

France 
Greece 
Ireland 

Italy 
Portugal 

95/0438, no measures  notified, 
(reasoned opinion to be sent in 
95/0406, no measures  notified, 
1996 
95/0486, no measures  notified, 
1996 
95/0510, no measures  notified, 
95/0460, no measures  notified, 
95/0529, no measures  notified, 
1996 
95/0552, no measures  notified, 
95/0615, no measures  notified, 
1996 

Art.  169 letter in 1995 
1997) 
Art.  169 letter in  1995, tenninated in 

Art.  169 letter in  1995, tenninated in 

reasoned opinion in 1996 
reasoned opinion in 1996 
Art.  169 letter in  1995, tenninated in 

reasoned opinion in 1996 
Art.  169 letter in  1995, tenninated in 

377 

Sweden 
Finland 

-  96/0520, no measures notified, Art.  169 letter in 1996 
-  96/0615, no measures notified,  Art.  169 letter in 1996 

94/0040 
Additives - guidelines for evaluation 
Member States which have notified  implementing measures: B, DK, D, E, F, IRL, I, L, NL, A, S, 

UK. 

Greece 
Portugal 
Sweden 

Finland 

-,  94/0973, no measures notified, reasoned opinion in 1996 
-  94/0950, no measures notified, reasoned opinion in 1996 
-  96/0519, no measures notified,  Art.  169 letter in 1996 

(to be terminated in  1997) 

-  96/0614, no measures notified,  Art.  169 letter in 1996 

94/0041 
Feedingstuffs  - additives 
Member States which have notified  implementing measures: all except D and FIN 

Germany 

-  95/0439, no measures notified, Art.  169 letter in 1995 

Greece 

Portugal 

Finland 

(reasoned opinion to be sent in  1997) 

-  95/0461, no measures notified,  Art.  169 letter m 1995, terminated in 

1996 

-  95/0616, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

-  96/0613, no measures notified. Art.  169 letter in 1996 

94/0042 
Health problems - live animals 
Member States which have notified implementing measures: B, DK, D, E, F, NL, A, FIN, S, UK. 

Greece 
Ireland 
Italy 
Luxembourg 

-  95/0276, no measures notified, reasoned opmion in 1996 
-  95/0311, no measures notified,  reasoned opinion in 1996 
-  95/0327, no measures notified, reasoned opinion in 1996 
-  95/0343, no measures notified,  reasoned opinion in 1996  (referral 

Portugal 

-  95/0370, no measures notified,  reasoned opinion in 1996 

scheduled in 1997) 

378 

94/0059 
Imports from third countries - examination for trichinae 
Member States which have notified  implementing measures: B, DK, E, F, IRL, L, NL, A, P, FIN 

Germany 

-  95/0052, no measures notified,  reasoned opinion in  1996  (referral 

Spain 

France 

Greece 
Ireland 

scheduled in  1997) 

-  95/0090, no measures notified,  Art.  169 letter in 1995, tenninated in 

1996 

-  95/0108, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

-  95/0075, no measures notified,  reasoned opinion in 1996 
-  95/0124, no measures notified,  reasoned opinion in 1996, terminated 

in 1996 

Italy 
United  Kingdom 

-  95/0141, no measures notified,  reasoned opinion in 1996 
-  95/0210, no measures notified,  reasoned opmion in  1996(referral 

Sweden 

-  96/0518, no measures notified,  Art.  169 letter in 1996 

scheduled in 1997) 

94/0065 
Minced meat and meat preparations 
Member States which have notified  unplementing measures: B, DK, F, IRL, L, NL, A, S, P 

Belgium 

Germany 
Denmark 

Spain 
Greece 
Italy 
Luxembourg 

Austria 

Finland 
Sweden 

United  Kingdom 

96/0231, no measures notified,  Art. 
1996 
96/0247, no measures notified,  Art. 
96/0242, no measures notified,  Art. 
1996 
96/0277, no measures notified,  Art. 
96/0263, no measures notified,  Art. 
96/0306, no measures notified,  Art. 
96/0318, no measures notified,  Art. 
1996 
96/0471, no measures notified,  Art. 
(to be tenninated in  1997) 
96/0611, no measures notified,  Art. 
96/0517, no measures notified,  Art. 
(to be tenninated  in  1997) 
96/0351, no measures notified,  Ait. 

169 letter in  1996, tenninated in 

169 letter in 1996 
169 letter in  1996, terminated in 

169 letter in 1996 
169 letter in 1996 
169 letter in  1996 
169 letter in  1996, tenninated in 

169 letter in 1996 

169 letter in 1996 
169 letter in 1996 

169 letter in 1996 

379 

94/0071 
Raw milk, heat-treated milk and milk-based products 
Member States which have notified  implementing measures: B, DK, D,E, IRL, L, NL, P, FIN, S. 

UK. 

Belgium 

Spain 

France 
Greece 
Ireland 

Italy 
Austria 
United  Kingdom 

95/0411, no measures notified,  Art.  169 letter in  1995, tennmated in 
1996 
95/0492, no measures notified,  Art.  169 letter in 1995, terminated in 
1996 
95/0514, 
95/0467, 
95/0533, 
1996 
95/0557, 
96/0472, 
95/0640, 
1996 

no measures notified,  reasoned opinion in 1996 
no measures notified,  Art.  169 letter in 1996 
no measures notified,  Art.  169 letter in 1995, terminated in 

no measures notified,  reasoned opinion in 1996 
no measures notified, reasoned opinion m 1996 
no measures notified,  Art.  169 letter in  1995, terminated in 

94/0079 
Plant protection  products 
Member States which have notified  implementing measures: B, DK, E, IRL, I, NL, FIN, S, UK. 

Germany 
Denmark 

Greece 
France 
Luxembourg 
Austria 
Portugal 
Finland 

96/0248, no measures notified,  Art. 
96/0243, no measures notified,  Art. 
(to be tennmated in 1997) 
96/0264, no measures notified, Art. 
96/0283, no measures notified,  Art. 
96/0319, no measures notified,  Art. 
96/0473, no measures notified,  Art. 
96/0340, no measures notified,  Art. 
96/0610, no measures notified,  Art. 
1996 

169 letter in 1996 
169 letter in 1996 

169 letter in 1996 
169 letter in 1996 
169 letter in 1996 
169 letter in 1996 
169 letter in 1996 
169 letter in  1996, tenninated in 

380 

95/0004 
Organisms harmful  to plants 
Member States which have notified  implementing measures: all 

Germany 

-  95/0264, no measures notified, reasoned ophnon in  1996, tenninated 

Greece 

Italy 

Finland 

in 1996 

-  95/0282, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

-  95/0333, no measures notified,  Art.  169 letter in 1995, terminated in 

1996 

-  96/0609, no measures notified,  Art.  169 letter in 1996, terminated in 

1996 

95/0006 
Cereal seed 
Member  States which have notified  implementing measures: all except EL and FIN 

Germany 

-  95/0443, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

Greece 
Italy 

-  95/0469, no measures notified,  reasoned opinion in 1996 
-  95/0560, no measures notified,  reasoned opinion in 1996 

(to be tenninated m 1997) 

Luxembourg 

-  95/0581, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

Netherlands 

-  95/0598, no measures notified,  Art.  169 letter m 1995, tenninated in 

1996 

Portugal 

-  95/0624, no measures notified,  Art.  169 letter in 1995, tennmated in 

1996 

Sweden 

Finland 

-  96/0516, no measures notified,  Art.  169 letter in  1996, tenninated in 

1996 

-  96/0608, no measures notified,  Art.  169 letter in 1996 

95/0009 
Feedingstuffs  intended for particular nutritional purposes 
Member States which have notified  implementmg measures: B, DK, E, IRL, NL, A, P, UK 

Germany 

Belgium 

95/0444, no measures notified,  Art.  169 letter m 1995 
(reasoned opinion to be sent in 1997) 
95/0415, no measures notified,  Art.  169 letter in  1995, tenninated in 
1996 

381 

Spain 

France 
Greece 
Ireland 

Italy 
Luxembourg 
Portugal 

Sweden 
Finland 

no measures notified,  reasoned opinion in 1996 
no measures notified, reasoned opmion in 1996 
no measures notified,  Art.  169 letter in  1995, terminated in 

no measures notified,  reasoned opmion in 1996 
no measures notified,  reasoned opinion m 1996 
no measures notified, Art.  169 letter in  1995, terminated in 

no measures notified,  Art.  169 letter in 1996 
no measures notified. Art.  169 letter in 1996 

95/0010 
Calculating the energy value of certain dog and cat food 
Member States which have notified  implementing measures: B, DK, E, IRL, NL, A, P, UK 

Germany 

Belgium 

Spain 

France 
Greece 
Ireland 

Italy 
Luxembourg 
Netherlands 

Portugal 

Sweden 
Finland 

95/0445, no measures  notified, 
(reasoned opinion to be sent in 
95/0416, no.measures  notified, 
1996 
95/0495, no measures  notified, 
1996 
95/0518, no measures  notified, 
95/0471, no measures  notified, 
95/0536, no measures  notified, 
1996 
95/0562, no measures  notified, 
95/0583, no measures  notified, 
95/0600, no measures  notified, 
1996 
95/0626, no measures  notified, 
1996 
96/0514, no measures  notified, 
96/0606, no measures  notified, 

Art.  169 letter in 1995 
1997) 
Art.  169 letter in  1995, terminated in 

Art.  169 letter in  1995, tennmated in 

reasoned opinion in 1996 
reasoned opinion in 1996 
Art.  169 letter in  1995, terminated in 

reasoned opmion in 1996 
reasoned opinion in 1996 
Art.  169 letter in 1995, terminated in 

Art.  169 letter in  1995, tenninated in 

Art.  169 letter in 1996 
Art.  169 letter m 1996 

382 

95/0011 
Feedingstuffs  - assessment of additives 
Member States winch have notified  implementing measures: B, DK, D, E, IRL, I, NL, A, S, UK 

France 
Greece 
Ireland 

Italy 

Luxembourg 
Portugal 

Sweden 

Finland 

96/0099, no measures  notified, 
96/0062, no measures  notified, 
96/0118, no measures  notified, 
1996 
96/0137, no measures  notified, 
1996 
96/0155, no measures  notified, 
96/0181, no measures  notified, 
opmion to be sent in 1997) 
96/0513, no measures  notified, 
(to be tenninated in 1997) 
96/0605, no measures notified. 

reasoned opinion m 1996 
reasoned opinion in 1996 
Art.  169 letter in  1996, tenninated in 

Art.  169 letter in  1996, tennmated in 

reasoned opinion in 1996 

Art.  169 letter in  1996 (reasoned 

Art.  169 letter in 1996 

Art.  169 letter in  1996 

95/0022 
Aquaculture products 
Member  States which have notified  implementing measures: B, DK, D, NL, P, S, UK 

Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Austria 
Finland 

, no measures 
, no measures 
, no measures 
, no measures 
, no measures 
, no measures 
, no measures 
, no measures 

notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 

169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 

95/0023 
Fresh meat - production  conditions 
Member  States which have notified  implementing measures: B, DK, E, I, L, A, P, FIN, UK 

Germany 

Belgium 

Denmark 

96/0046, no measures notified,  Art.  169 letter in  1996 (reasoned 
opinion to be sent in 1997) 
96/0014, no measiures notified,  Art.  169 letter in  1996, tenninated in 
1996 
96/0028, no measures notified,  Art.  169 letter in  1996, tenninated in 
1996 

383 

Spain 

France 
Greece 
Ireland 
Italy 

Luxembourg 

Netherlands 

Portugal 

United  Kingdom 

Sweden 
Finland 

96/0082, no measures  notified, 
1996 
96/0101, no measures  notified, 
96/0064, no measures  notified, 
96/0120, no measures  notified, 
96/0139, no measures  notified, 
1996 
96/0157, no measures  notified, 
in 1996 
96/0168, no measures  notified, 
(reasoned opinion to be sent in 
96/0189, no measures  notified, 
1996 
96/0209, no measures  notified, 
1996 
96/0510, no measures  notified, 
96/0604, no measures  notified, 
(to be termmated in 1997) 

Art.  169 letter in  1996, tenninated in 

reasoned opinion in 1996 
reasoned opmion in 1996 
reasoned opimon in 1996 
Art.  169 letter in  1996, tenninated in 

reasoned opinion in  1996, terminated 

Art.  169 letter in 1996 
1997) 
Art.  169 letter in  1996, tenninated in 

Art.  169 letter in 1996, tenninated in 

Art.  169 letter in  1996 
Art.  169 letter in 1996 

95/0025 
Health problems - live animals 
Member  States which have notified  implementing measures: D, DK, E, F, NL, A, P, FIN 

Belgium 
Denmark 

Spain 

France 

Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 

Portugal 

United  Kingdom 
Sweden 

96/0015, 
96/0029, 
1996 
96/0083, 
1996 
96/0102, 
1996 
96/0065, 
96/0121, 
96/0140, 
96/0158, 
96/0169, 
1996 
96/0190, 
1996 
96/0210, 
96/0509, 

no measures notified, reasoned opinion in 1996 

no measures notified  , Art.  169 letter in 1996, tenninated in 

no measures notified, Art.  169 letter in  1996, tenninated in 

no measures notified,  Art.  169 letter in 1996, terminated in 
no measures notified,  reasoned opinion in 1996 
no measures notified, reasoned opinion in 1996 
no measures notified, reasoned opinion in 1996 
no measures notified, reasoned opinion in 1996 
no measures notified,  Art.  169 letter in 1996, tenninated in 

no measures notified, Art.  169 letter in  1996, terminated in 

no measures notified,  reasoned opinion in 1996 
no measures notified. Art.  169 letter in 1996 

384 

95/0029 
Protection of animals during transport 
Member States which have notified  implementmg measures: S 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Austria 
Portugal 
Finland 
United Kingdom 

no 
no 
no 
no 
no 
no 
no 
no 
no 
no 
no 
no 
no 
no 

measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 

notified  (Art. 
notified.(Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 

169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 

95/0033 
Feedingstuffs  - products used 
Member  States which have notified  implementing measures: DK, EL, E, IRL, NL, A, FIN, UK 

Belgium 
Germany 
France 
Italy 

Luxembburg 
Portugal 
Sweden 

...,no measures notified  (Art. 
...,no measures notified  (Art. 
...,no measures notified  (Art. 
..., no measures notified  (Art. 
tennmated in  1997) 
..., no measures notified  (Art. 
..., no measures notified  (Art. 
..., no measures notified  (Art. 

169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) (to be 

169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 

95/0035 
Placing of plant protection products on the market 
Member States which have notified  unplementmg measures: B, DK, E, F, IRL, I, NL, S 

Germany 
Greece 
Luxembourg 

- 
- 
- 

..., no measures notified  (Art.  169 letter to be sent in 1997) 
...,no measures notified  (Art.  169 letter to be sent in 1997) 
..., no measures notified  (Art.  169 letter to be sent in 1997) 

!85 

Austria 
Portugal 
Finland 
United  Kingdom 

.,no measures notified  (Art.  169 letter to be sent in 1997) 
.,no measures notified  (Art.  169 letter to be sent in 1997) 
.,no measures notified  (Art.  169 letter to be sent in 1997) 
., no measures notified  (Art.  169 letter to be sent m 1997) 

95/0036 
Plant protection products. 
Member States which have notified  implementing measures: B, DK, E, F, IRL, I, NL, FIN, S, 

Germany 
Denmark 

France 

Greece 
Luxembourg 
Netherlands 

Portugal 
Austria 
Finland 

Sweden 

United  Kingdom 

UK 

96/0252, no measures notified,  Art. 
96/0244, no measures notified,  Art. 
(to be tenninated in 1997) 
96/0287, no measures notified,  Art. 
(to be terminated in 1997) 
96/0268, no measures notified,  Art. 
96/0323, no measures notified,  Art. 
96/0334, no measures notified,  Art. 
1996 
96/0343, no measures notified,  Art. 
96/0480, no measures notified,  Art. 
96/0603, no measures notified,  Art. 
(to be tenninated in  1997) 
96/0512, no measures notified,  Art. 
1996 
96/0352, no measures notified,  Art. 
(to be tenninated in 1997) 

169 letter 
169 letter 

m 1996 
in 1996 

169 letter in 1996 

169 letter 
169 letter 
169 letter 

in 1996 
in 1996 
in  1996, terminated in 

169 letter 
169 letter 
169 letter 

in 1996 
in 1996 
in 1996 

169 letter in  1996, terminated in 

169 letter in 1996 

95/0037 
Feedingstuffs  - additives 
Member States which have notified  implementing measures: B, DK, E, IRL, I, NL, A, S, UK 

Germany 
Greece 
France 
Luxembourg 
Portugal 
Finland 

., no measures notified  (Art. 
., no measures notified  (Art. 
., no measures notified  (Art. 
,, no measures notified  (Art. 
., no measures notified  (Art. 
., no measures notified  (Art. 

169 letter to be sent in  1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 

386 

95/0038 
Pesticide residues in and on fruit and vegetables 
Member States winch have notified  implementing measures: DK, E, IRL, I, L, NL, P, UK 

Belgium 
Germany 
Greece 
France 
Austria 
Finland 
Sweden 

..., no measures notified  (Art.  169 letter to be sent in 1997) 
..., no measures notified  (Art.  169 letter to be sent in 1997) 
,.., no measures notified  (Art.  169 letter to be sent in  1997) 
...,no measures notified  (Art.  169 letter to be sent in 1997) 
..., no measures notified  (Art.  169 letter to be sent in 1997) 
..., no measures notified  (Art.  169 letter to be sent in 1997) 
..., no measures notified  (Art.  169 letter to be sent in 1997) 

95/0039 
Pesticide residues - cereals and foodstuffs  of animal origin 
Member States which have notified  implementing measures: DK, E, F, IRL, I, L, NL, P, UK 

Belgium 
Germany 
Greece 
Austria 
Finland 
Sweden 

., no measures notified  (Art. 
., no measures notified  (Art. 
., no measures notified  (Art. 
, no measures notified  (Art. 
., no measures notified  (Art. 
, no measures notified  (Art. 

169 letter to be sent in 1997) 
169 letter to be sent in  1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 

95/0040 
Organisms hannful  to plants - protected zones 
Member States which have notified  implementing measures: B, DK, E, F, IRL, I, NL, A, P, S, 

UK. 

Germany 

-  95/0446, no measures notified,  Art.  169 letter in 1995 

(reasoned opinion to be sent in  1997) 

Belgium 

-  95/0417, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

Denmark 

-  95/0429, no measures notified,  Art.  169 letter in  1995, tenninated in 

Spain 

France 

Greece 

1996 

-  95/0496, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  95/0519, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  95/0472, no measures notified,  reasoned  opinion in  1996 

387 

Italy 

-  95/0563, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

Luxembourg 
Portugal 

-  95/0584, no measures notified,  reasoned opinion in 1996 
-  95/0627, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

United Kingdom 

-  95/0643, no measures notified,  Art.  169 letter in  1995, terminated in 

Finland 

-  96/0602, no measures notified,  Art.  169 letter in 1996 

1996 

95/0041 
Organisms harmful  to plants 
Member States which have notified  implementing measures: B, DK, E, F^ IRL, I, NL, A, P, FIN, 

S,UK. 

Germany 

-  95/0447, no measures notified,  Art.  169 letter in 1995 

(reasoned opinion to be sent in 1997) 

Belgium 

-  95/0418, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

Denmark 

-  95/0430, no measures notified,  Art.  169 letter in  1995, terminated in 

Spain 

France 

Greece 
Italy 

1996 

-  95/0497, no measures notified,  Art.  169 letter in  1995, tenninated in 

1996 

-  95/0520, no measures notified, Art.  169 letter in  1995, tennmated in 

1996 

-  95/0473, no measures notified,  reasoned opinion in  1996 
-  95/0564, no measures notified,  Art.  169 letter in 1995, tenninated in 

1996 

Luxembourg 
Portugal 

-  95/0585, no measures notified,  reasoned opinion in 1996 
-  95/0628, no measures notified,  Art.  169 letter in  1995, terminated in 

1996 

Finland 

-  96/0601, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

United  Kingdom 

-  95/0644, no measures notified,  Art.  169 letter in  1995,terminated iii 

1996 

388 

95/0044 
Organisms hannful  to plants - work for trial or scientific  purposes 
Member States which have notified  implementing measures: B, DK, E, IRL, I, NL, A, P, FIN, S, 

UK 

Belgium 

-  96/0235, no measures notified,  Art.  169 letter in 1996, terminated in 

1996 

Germany 
France 
Greece 
Luxembourg 
Finland 

-  96/253, no measures notified, Art.  169 letter in 1996 
-  96/288, no measures notified,  Art.  169 letter in 1996 
-  96/269, no measures notified,  Art.  169 letter in 1996 
-  96/324, no measures notified,  Art.  169 letter in 1996 
-  96/600, no measures notified, Art.  169 letter in 1996, terminated in 

Sweden 

-  96/511, no measures notified,  Art.  169 letter in  1996, terminated in 

1996 

1996 

95/0061 
Pesticide residues in and on fruit and vegetables 
Member States wliich have notified implementing measures: DK, E, IRL, L, NL, UK 

Belgium 
Germany 
Greece 
France 
Italy 
Austria 
Portugal 
Finland 
Sweden 

, no measures 
, no measures 
, no measures 
, no measures 
, no measures 
, no measures 
, no measures 
, no measures 
, no measures 

notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 

169 letter to 
169 letter to 
169 letter to 
169 letter to 
169 letter to 
169 letter to 
169 letter to 
169 letter to 
169 letter to 

be sent in 
be sent in 
be sent in 
be sent in 
be sent in 
be sent in 
be sent in 
be sent in 
be sent in 

1997) 
1997) 
1997) 
1997) 
1997) 
1997) 
1997) 
1997) 
1997) 

95/0065 
Organisms harmful  to plants - protected zones 
Member  States which have notified  implementing measures: B, DK, E, IRL, I, NL, A, P, S, UK 

Germany 
France 
Greece 
Luxembourg 
Finland 

96/0256, no measures notified,  Art.  169 letter in 1996 
96/0290, no measures notified,  Art.  169 letter in 1996 
96/0271, no measures notified,  Art.  169 letter in 1996 
96/0326, no measures notified,  Art.  169 letter in 1996 
96/0599, no measures notified,  Art.  169 letter in 1996 

389 

95/0066 
Organisms harmful  to plants and plant products 
Member States which have notified  implementing measures: B, DK, E, IRL, I, NL, A, P, S, UK 

Germany 
France 
Greece 
Luxembourg 
Finland 
United  Kingdom 

-  96/0257, no measures notified,  Art.  169 letter in 1996 
-  96/0291, no measures notified, Art.  169 letter in 1996 
-  96/0272, no measures notified,  Art.  169 letter in 1996 
-  96/0327, no measures notified,  Art.  169 letter in  1996 
-  96/0598, no measures notified,  Art.  169 letter in 1996 
-  96/0355, no measures notified,  Art. 169 letter in  1996, terminated in 

1996 

95/0068 
Marketing of meat products 
Member  States wliich have notified  implementing measures: DK 

Belgium 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Austria 
Portugal 
Finland 
Sweden 
United Kingdom 

., no 
., no 
., no 
., no 
., no 
., no 
., no 
., no 
., no 
., no 
., no 
., no 
., no 
., no 

measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 
measures 

notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 

169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in  1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in  1997) 
169 letter to be sent in 1997) 

96/0006 
Feedingstuffs,  undesirable  substances 
Member  States which have notified  implementing measures: B, DK, E, IRL, NL, UK 

Germany 
Greece 
France 
Italy 

- 
- 
- 
- 

..., no measures notified  (Art.  169 letter to be sent in 1997) 
...,no measures notified  (Art.  169 letter to be sent in 1997) 
...,no measures notified  (Art.  169 letter to be sent in 1997) 
..., no measures notified  (Art.  169 letter to be sent in 1997) 

390 

Luxembourg 
Austria 
Portugal 
Finland 
Sweden 

..., no measures notified  (Art. 
..., no measures notified  (Art. 
...,no measures notified  (Art. 
..., no measures notified  (Art. 
..., no measures notified  (Art. 

169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 

96/0007 
Feedingstuffs  - additives 
Member  States which have notified  unplementing measures: B, DK, E, IRL, I, NL, UK 

Germany 
Greece 
France 
Luxembourg 
Austria 
Portugal 
Finland 
Sweden 

, no measures 
, no measures 
, no measures 
, no measiures 
, no measures 
, no measures 
, no measures 
, no measures 

notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 

169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 

96/0014 
Organisms harmful  to plants or plant products 
Member States wliich have notified  implementing measures: B, DK, E, IRL, NL, A, P, FIN, S, 

UK 

Belgium 

Germany 
France 
Greece 
Ireland 

Italy 
Luxembourg 
Netherlands 

Portugal 

96/0240, no measures notified,  Art. 
(to be terminated in  1997) 
96/0260, no measures notified,  Art. 
96/0294, no measures notified,  Art. 
96/0275, no measures notified,  Art. 
96/0304, no measures notified,  Art. 
1996 
96/0315, no measures notified,  Art. 
96/0329, no measures notified,  Art. 
96/0338, no measures notified,  Art. 
1996 
96/0349, no measures notified,  Art. 
1996 

169 letter in 1996 

169 letter in 1996 
169 letter in  1996 
169 letter in 1996 
169 letter in  1996, terminated in 

169 letter in 1996 
169 letter in 1996 
169 letter in  1996, tenninated in 

169 letter in 1996, tenninated in 

391 

Finland 

Sweden 

-  96/0597, no measures notified,  Art.  169 letter in 1996 

(to be terminated in 1997) 

-  96/0508, no measures notified,  Art.  169 letter in 1996 

(to be terminated in 1997) 

96/0015 
Organisms harmful  to plants - protected zones 
Member States which have notified  implementing measures: B, DK, E, IRL, NL, A, S, UK 

Belgium 
Germany 
France 
Greece 
Ireland 

Italy 
Luxembourg 
Netherlands 

Portugal 

Finland 
Sweden 

96/0241, no measures notified,  Art. 
96/0261, no measures notified,  Art. 
96/0295, no measures notified,  Art. 
96/0276, no measures notified,  Art. 
96/0305, no measures notified,  Art. 
1996 
96/0316, no measures notified,  Art. 
96/0330, no measures notified,  Art. 
96/0339, no measures notified,  Art. 
1996 
96/0350, no measures notified,  Art. 
1996 
96/0596, no measures notified,  Art. 
96/0507, no measures notified,  Art. 
(to be terminated in 1997) 

169 letter in 1996 
169 letter in 1996 
169 letter in 1996 
169 letter in 1996 
169 letter in  1996, terminated in 

169 letter in 1996 
169 letter in 1996 
169 letter in  1996, terminated in 

169 letter in  1996, terminatedtn 

169 letter in 1996 
169 letter in 1996 

96/0018 
Seeds and propagating materials, marketing 
Member States which have notified  implementing measures: DK, E, I, L, P, S, UK 

Belgium 
Germany 
Greece 
France 
Ireland 
Netherlands 
Austria 
Finland 

no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 
no measures 

notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 
notified  (Art. 

169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 
169 letter to be sent in 1997) 

392 

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  unplementing 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 wliich have notified  implementing measures: all 

75/0409 
Labelling of dangerous  substances 
Member  States which have notified  implementing measures: all 

393 

75/0439 
Disposal of waste oils 
Member States which have notified  implementing measures: all 

Germany 
Italy 
Portugal 

-  90/5097, not properly applied, referral  scheduled in 1997 
-  86/0419, not properly applied, terminated in  1996 
-  93/2115, not properly implemented, reasoned opinion to be sent in 

1997 

75/0440 
Surface  water 
Member  States which have notified  implementing measures: all 

Belgium 

-  87/0345, not properly unplemented, 2nd referral  171 scheduled  for 

1997 

Germany 
France 
Italy 
Portugal 
United  Kingdom 

-  87/0372, not properly implemented, 2nd referral  171 scheduled  1997 
-  92/4200, not properly applied, reasoned opinion to be sent in 1997 
-  89/0206, not properly implemented, referral  scheduled in 1997 
-  92/2300, not properly applied, referral  scheduled in  1997 
-  89/4571, not properly unplemented, reasoned opinion in 1996 

75/0442 
Waste 
Member States which have notified  implementing measures: all 

Greece 

Greece 
Greece 
Greece 
Ireland 
Italy 

Italy 

89/0138, not properly applied, judgment 07.04.92 - Case 
C-91/045, Art.  171 letter in 1995 
92/4682, not properly applied, reasoned opinion to be sent in 1997 
92/5154, not properly applied, tenninated in  1996 
93/4481, not properly applied, reasoned opinion to be sent in 1997 
91/0704, not properly implemented, referral  scheduled in 1997 
88/0239, not properly applied, judgment in  1991 - Case 
C-90/033, 2nd refenal  171 scheduled for  1997 
90/0262, not properly applied, referral  scheduled in 1997 

75/0716 
Sulphur content of liquid  fuel 
Member  States winch have notified  implementing measures: all 

394 

76/0160 
Bathing water 
Member States which have notified  implementing measures: all except FIN, S 

Belgium 
Germany 
Spain 

France 
Italy 
Finland 
United Kingdom 

89/0416, not properly 
89/0317, not properly 
89/0418, not properly 
C-96/092 
96/2107, not properly 
87/0356, not properly 
96/0559, no measures 
86/0214, not properly 
Case C-90/056 

applied, reasoned opinion to be sent m 1997 
applied, referral  scheduled m 1997 
applied, referral  in  1996 - Case 

applied, reasoned opinion to be sent in 1997 
implemented, referral  scheduled in 1997 
notified,  reasoned opinion to be sent in 1997 
applied, judgment in  1993 -

76/0403 
Disposal of PCBs 
Member States winch have notified  implementing measures: all ' 

76/0464 
Dangerous substances in the sea 
Member States which have notified  implementing measures: all 

Belgium 
Germany 
Greece 

Greece 
Greece 

Spain 
Spain 
Spain 

Spain 

France 
Ireland 

implemented, referral  scheduled in 1997 
applied, referral  scheduled in 1997 
applied, referral  in  1995 -

applied, reasoned opinion in 1996 
applied, referral  in  1995 -

applied, referral  scheduled in 1997 
applied, reasoned opinion in  1995 
applied, reasoned opinion to be 

applied, suppl. reasoned opinion to be sent in 

applied, referral  scheduled in 1997 
implemented, reasoned opinion to be sent in 

91/0205, not properly 
89/2343, not properly 
91/0620, not properly 
Case C-95/233 
90/0979, not properly 
89/0303, not properly 
Case C-95/232 
90/0960, not properly 
90/2190, not properly 
94/4865, not properly 
sent in  1997 
94/4548, not properly 
1997 
91/0206, not properly 
94/4274, not properly 
1997 

395 

Ireland 
Ireland 

Italy 

Italy 

Luxembourg 

Netherlands 
Portugal 
United  Kingdom 

applied, reasoned opinion to be sent in 1997 
implemented, reasoned opinion to be sent in 

90/0961, not properly 
90/5220, not properly 
1997 
91/0642, not properly applied, referral  in  1996 -
Case  C-96/285 
92/2184, not properly implemented, reasoned opinion to be sent in 
1997 
91/0207, not properly applied, referral  in 1996 -
Case C-96/206  » 
90/4113, not properly 
91/0556, not properly 
91/0785, not properly 

applied, reasoned opmion to be sent in 1997 
applied, referral  scheduled in 1997 
applied, reasoned opinion to be sent in 1997 

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 

78/0319 
Toxic and dangerous waste 
Member States which have notified  implementing measures: all 

Germany 

-  90/0038, not properly applied, referral  m 1992, 

Case C-92/422, judgment in 1994 

78/0659 
Quality of fresh waters 
Member States which have notified  implementmg measures: all 

Belgium 
Germany 

France 
Italy 

90/2202, not properly applied, reasoned opmion in 1996 
90/2203, not properly applied, referral  m 1995, Case 
C-95/298 
91/4338, not properly applied, reasoned opinion to be sent in 1997 
90/0211, not properly implemented, referral  in  1993, Case C-93/291, 

judgment in  1994, Art.  169 letter  171 to be sent in 1997 

396 

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 

Belgium 

Germany 
Germany 

Spain 
Spain 

France 

France 

France 
France 
France 
France 
France 
France 
Italy 

90/0291, not properly implemented, reasoned opinion in 1993, 
suppl. reasoned opinion to be sent in 1997 
92/4575, not properly applied, reasoned opinion to be sent in 1997 
86/0222, not properly implemented, judgment in  1990 - Case C-
88/288, 
2nd referral  scheduled in 1997 
91/4380, not properly applied, reasoned opinion in 1996 
88/0295, not properly applied, judgment in 1993 - Case 
C-90/355, Art.  169 letter  171 in 1996 
84/0121, not properly implemented, Case C-90/355, judgment in 
1993, 
suppl. reasoned opinion  171 to be sent in 1997 
94/4084, not properly implemented, reasoned opmion to be sent in 
1997 
94/4733, not properly applied, reasoned opinion to be sent in 1997 
91/4599, not properly applied, referral  scheduled in 1997 
92/4052, not properly applied, reasoned opinion to be sent in 1997 
92/4527, not properly applied, reasoned opinion to be sent in 1997 
89/4910, not properly applied, reasoned opinion in 1995 
91/0640, not properly applied, referral  scheduled in 1997 
92/4279, not properly implemented, reasoned opinion to be sent in 
1997 

397 

Italy 
Luxembourg 

-  87/0327, not properly applied, referral  scheduled in  1997 
-  88/0172, not properly applied, suppl. reasoned opinion to be sent in 

1997 

Netherlands 
Finland 

-  93/4479, not properly applied, reasoned opinion to be sent in 1997 
-  no measures notified, reasoned opinion to be sent in 1997 

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, referral  scheduled in 1997 

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 in 

1996, Case C-96/225 

80/0051 
Noise emissions from aircraft 
Member States wliich have notified  unplementmg measures: all 

Germany 

-  93/4719, not properly applied, terminated in  1996 

80/0068 
Protection of groundwater 
Member  States which have notified  implementing measures: all except S 

Germany 

-  86/0121, not properly implemented, Case C-l31/88, 2nd referral  171 

Ireland 

-  89/0163, not properly implemented,  suppl. reasoned  opinion 

scheduled for  1997 

to be sent in  1997 

598 

Portugal 
United Kingdom 

-  93/2112, not properly implemented, referral  scheduled in 1997 
-  88/0354, not properly applied, terminated in 1996 

80/0778 
Labelling of dangerous  substances 
Member States which have notified  implementing measures: all 

Belgium 
France 
Italy 
Netherlands 
Portugal 

-  90/5043, not properly applied, reasoned opinion in 1996 
-  91/2316, not properly applied, referral  scheduled in 1997 
-  87/0363, not properly implemented, terminated in 1996 
-  91/0214, not properly implemented, terminated in 1996 
-  93/2191, not properly implemented, reasoned opimon to be sent m 

1997 

United Kingdom 
United Kingdom 

-  87/0370, not properly applied, terminated in 1996 
-  91/0772, not properly applied, referral in 1996, 

Case C-96/340 

80/0779 
Air quality (addressed to Greece) 
Member  States which have notified  implementing measures: all except A, FIN 

Austria 
Portugal 
Finland 

-  96/0386, no measures notified,  reasoned opinion to be sent m 1997 
-  93/2113, not properly applied, reasoned opinion to be sent in 1997 
-  96/0564, no measures notified,  reasoned opinion to be sent in 1997 

80/0836 
Health protection - ionizing radiation 
Member  States wliich have notified  implementing measures: all 

Luxembourg 

-  88/0487, not properly unplemented,  suppl. reasoned opinion 

to be sent in 1997 

Netherlands 

-  88/0488, not properly unplemented, reasoned opimon in 1990 

80/1189 
Labelling of dangerous  substances 
Member  States which have notified  implementing measures: all 

399 

81/0854 
Conservation of wild birds 
Member States which have notified  implementing measures: all 

81/0855 
Surface  water 
(addressed to: 
Member States winch have notified  implementing measures: EL 

Greece) 

81/0857 
Air quality (addressed to Greece) 
(addressed to: 
Greece) 
Member States which have notified  implementing measures: EL 

81/0858 
Labelling of dangerous  substances 
Member States which have notified  unplementing measures: all 

81/0957 
Labelling of dangerous  substances 
Member States which have notified  unplementing measures: all 

81/1051 
Acquired rights - doctors, nurses, dentists and veterinary surgeons 
Member States which have notified  unplementuig measures: all 

82/0176 
Mercury  discharges 
Member States which have notified  implementing measures: all 

Italy 

-  92/2207, not properly implemented, reasoned opimon to be sent in 

1997 

400 

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 

Germany 
Italy 

-  87/0219, not properly implemented, referral  scheduled in 1997 
-  91/2065, not properly applied, referral  scheduled in 1997 

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 

Austria 
Finland 

-  96/0388, no measures notified, reasoned opinion to be sent m 1997 
-  96/0565, no measures notified,  reasoned opimon to be sent in 1997 

83/0029 
Waste - titanium dioxide 
Member States which have notified  unplementing measures: all 

83/0129 
Seal-pup skins 
Member States which have notified  implementing measures: all except A, FIN 

Finland 

-  96/0567, no measures notified, reasoned opinion to be sent in 1997 

83/0206 
Noise emissions from aircraft 
Member States which have notified  unplementing measures: all 

401 

83/0467 
Labelling of dangerous  substances 
Member States wliich have notified  implementing measures: all 

83/0513 
Cadmium discharges 
Member States which have notified  implementing measures: all 

Italy 

-  92/2205, not properly implemented, reasoned opinion to be sent in 

1997 

84/0156 
Mercury discharges 
Member  States winch have notified  implementing measures: all 

Portugal 

-  92/2303, not properly applied, referral  scheduled in 1997 

84/0360 
Air pollution from industrial plants 
Member  States which have notified  implementing measures: all 

84/0449 
Labelling of dangerous  substances 
Member States wliich have notified  unplementing measures: all 

84/0466 
Radiation protection  - patients 
Member States which have notified  unplementmg measures: all 

Belgium 

-  90/0237, not properly implemented, suppl. Art.  169 letter to be sent 

Spain 
Ireland 
Italy 

Portugal 

in 1997 

-  91/0723, not properly implemented, referral  scheduled in  1997 
-  90/0239, not properly implemented, reasoned opinion m 1993 
-  90/0240, not properly implemented, judgment in 1993, 
Case C 92/95, 2nd referral  171 scheduled for  1997 

-  90/0242, not properly implemented, referral  scheduled in  1997 

402 

84/0467 
Health protection - ionizing radiation 
Member States which have notified  implementing measures: all 

84/0491 
HCH discharges 
Member States which have notified  implementing measures: all 

84/0532 
Construction plant 
Member  States which have notified  implementing measures: all 

84/0533 
Sound power level of compressors 
Member States wliich 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  unplementing measures: all 

84/0537 
Sound power level of hand-held concrete breakers 
Member States which have notified  implementing measures: all 

403 

84/0538 
Sound power level of lawnmowers 
Member States winch 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 

Austria 
Finland 
United  Kingdom 

-  96/0394, no measures notified, reasoned opinion to be sent in 1997 
-  96/0568, no measures notified,  reasoned opimon to be sent in 1997 
-  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 

Germany 

Greece 

Greece 
Spain 

Ireland 
Italy 
Portugal 

89/0652, not properly implemented referral  in 1994, 
CaseC-94/133 
90/4710, not properly implemented, referral  in 1995, 
CaseC-95/301 
91/2036, not properly implemented, reasoned opinion to be sent in 
1997 
93/4048, not properly 
90/0129, not properly 
to be sent in 1997 
89/0425, not properly 
91/0794, not properly 
91/2168, not properly 

implemented, referral  scheduled in 1997 
implemented, reasoned opinion in 1993 
implemented, referral  scheduled in 1997 

applied, reasoned opmion to be sent in 1997 
implemented, suppl. reasoned opinion 

404 

85/0339 
Containers for liquids for human consumption 
Member States which have notified  implementing measures: all 

85/0405 
Noise emissions from construction plant 
Member States which have notified  nnplementing 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 winch 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 wliich have notified  implementing measures: all 

85/0411 
Conservation of wild birds 
Member States which have notified  implementing measures: all except FIN 

Netherlands 

-  87/0176, not properly applied, referral  in  1996, Case 

C-96/003 

Finland 

-  96/0569, no measures notified, reasoned opinion to be sent in 1997 

405 

85/0444 
Seal-pup skins 
Member States which have notified  implementing measures: all except A, FIN 

Finland 

-  96/0570, no measures notified, reasoned opinion to be sent in 1997 

85/0467 
Dangerous substances and preparations 
Member States which have notified  unplementing 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 winch have notified  implementing measures: all 

85/0581 
Lead content of petrol 
Member States winch have notified  unplementmg 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 

406 

86/0278 
Sewage sludge used in agriculture 
Member  States which have notified  implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, 

v 

A, P, FIN, S, UK 

Belgium 

-  90/0230, no measures notified,  Case C-93/260, judgment in 1994, 

(to be tenninated in 1997) 

France 

-  92/2226, not properly unplemented, reasoned opinion to be sent in 

1997 

86/0279 
Transfrontier  shipment of hazardous waste 
Member  States which have notified  implementmg measures: all 

86/0280 
Dangerous substances in the sea 
Member States which have notified  implementing measures: all 

Germany 
Ireland 

-  89/0427, not properly implemented, referral  in  1995, Case C-95/262 
-  91/2216, not properly implemented,  suppl. reasoned opinion 

Portugal 

-  92/2358, not properly implemented, referral  scheduled m 1997 

to be sent in 1997 

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 

Austria 

-  96/0397, no measures notified, reasoned opinion to be sent in 1997 

407 

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 

Belgium 
Luxembourg 

-  93/2218, not properly implemented, referral  scheduled in 1997 
-  93/2190, not properly implemented, reasoned opimon to be sent in 

1997 

Portugal 

-  92/2359, not properly implemented, reasoned opimon to be sent in 

1997 

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  unplementing 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 

408 

87/0217 
Pollution by asbestos 
Member States which have notified  implementing measures: B, DK, D, EL, E, F, LRL, I, L, NL, 

A, P, FIN, S, UK 

Belgium 
Portugal 
United Kingdom 

-  90/4122, not properly applied, reasoned opinion to be sent in 1997 
-  91/2218, not properly implemented, referral  scheduled in 1997 
-  91/2163, not properly applied, reasoned opimon in 1995 

87/0219 
Sulphur content of liquid  fuel 
Member States which have notified  implementing measures: all 

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  unplementing 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 winch have notified  implementing measures: all 

88/0181 
Sound power level of lawnmowers 
Member States wliich have notified  implementing measures: all 

409 

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 

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 

1997 

88/0610 
Major-accident  hazards 
Member States which have notified  implementing measures: all 

89/0369 
Incineration of municipal waste 
Member States which have notified  implementmg measures: B, DK, D, EL, E, F, IRL, L, NL, A, 

P, FIN, S, UK 

Italy 

-  91 /0417, no measures notified,  referral in  1995, 

Case C-95/237 

Portugal 

-  91/2173, not properly implemented, referral  scheduled in 1997 

410 

89/0370 
Seal-pup skins 
Member States which have notified  implementing measures: all except A, FIN 

Finland 

-  96/0572, no measures notified, reasoned opinion to be sent in 1997 

89/0427 
Sulphur dioxide in the air 
Member States which have notified  implementing measures: all except A, FIN 

Finland 

-  96/0573, no measures notified,  reasoned opimon to be sent m 1997 

89/0429 
Incineration of municipal waste 
Member States winch have notified  unplementing measures: all 

Italy 

-  91/0418, no measures notified, tenninated in 1996 

89/0514 
Noise emissions from hydraulic excavators 
Member States which have notified  implementing measures: all 

89/0618 
Health protection - radiological  emergency 
Member States wliich have notified  implementing measures: B, DK, D, EL, E, F, IRL, I, NL, A, 

P, S, UK 

Luxembourg 

-  93/0611, no measures notified,  referral  in 1995, 

CaseC-46/95 

89/0629 
Noise emissions from aeroplanes 
Member States which have notified  implementmg measures: all 

411 

90/0219 
Genetically modified  organisms 
Member States which have notified  implementing measures: all except L 

Belgium 
Germany 

-  93/2120, not properly implemented, reasoned opinion in 1996 
-  91/2336, not properly implemented, reasoned opimon to be sent in 

1997 

Greece 
Luxembourg 

-  92/0264, no measures notified,  terminated in 1996 
-  92/0395, no measures notified, referral  in 1995, 

Case C-95/312 

Portugal 

-  93/2179, not properly implemented, reasoned opimon to be sent in 

1997 

90/0220 
Genetically modified  organisms 
Member States which have notified  unplementing measures: all except L 

Belgium 
Germany 

-  93/2120, not properly unplemented, reasoned opinion in 1996 
-  91/2336, not properly implemented, reasoned opinion to be sent in 

1997 

Greece 
Luxembourg 

-  92/0263, no measures notified, terminated in 1996 
-  92/0396, no measures notified, referral in 1995, 

Case C-95/312 

Portugal 

-  93/2179, not properly unplemented, reasoned opinion to be sent in 

1997 

90/0313 
Freedom of access to infonnation  on the environment 
Member States which have notified  implementmg measures: all 

Germany 
France 

-  94/2196, not properly implemented, referral  scheduled in 1997 
-  93/2058, not properly implemented, reasoned opimon to be sent in 

1997 

Netherlands 

-  93/2034, not properly implemented, reasoned opimon to be sent in 

1997 

90/0415 
Dangerous substances in the sea 
Member States which have notified  implementing measiures: all 

412 

90/0517 
Labelling of dangerous  substances 
Member States which have notified  implementing measures: all 

90/0641 
Radiation protection - outside workers 
Member States which have notified implementing measures: DK, D, F, IRL, I, L, NL, A, FIN, S, 

UK 

Belgium 
Greece 
Spain 
Portugal 

-  94/0004, no measures notified,  reasoned opinion to be sent in  1997 
-  94/0130, no measures notified, reasoned opinion to be sent in 1997 
-  94/0131, no measures notified, reasoned opinion in 1995 
-  94/0332, no measures notified,  reasoned opinion to be sent in 1997 

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  unplementing measures: D 

91/0156 
Waste 
Member States which have notified  unplementing measures: B, DK, D, EL, IRL, I, L, NL, A, P, 

FIN, S, UK 

Greece 
Spain 

France 

Ireland 
Italy 

-  93/0719, no measures notified,  terminated in 1996 
-  93/0720, no measures notified, referral  in 1996, 

Case C-96/107 

-  93/0737, no measures notified, referral  in 1996, 

Case  C-96/223 

-  93/0762, no measures notified,  terminated in 1996 
-  95/2184, not properly applied, reasoned opinion to be sent in 1997 

413 

91/0157 
Batteries containing dangerous  substances 
Member States winch have notified  implementing measures: DK, EL, E, IRL, L, NL, A, P, FIN, 

S,UK 

Belgium 
Belgium 
Germany 

Greece 
Spain 
Spain 
France 
France 

Ireland 
Italy 

Italy 

92/1005, no measures 
94/2271, not properly 
92/1006, no measures 
Case  C-96/236 
94/2273, not properly 
92/1008, no measures 
94/2277, not properly 
94/2270, not properly 
92/1009, no measures 
C-96/282 
94/4343, not properly 
92/1011, no measures 
Case  C-95/303 
94/2274, not properly 

notified,  reasoned opinion to be sent in 1997 
applied, reasoned opinion in 1996 
notified,  referral in 1996, 

applied, reasoned opinion to be sent in 1997 
notified,  terminated in 1996 
applied, reasoned opinion to be sent in 1997 
applied, reasoned opinion to be sent in 1997 
notified,  referral  in 1996, Case 

applied, reasoned opinion to be sent in 1997 
notified, judgment in 1996, 

applied, reasoned opinion to be sent m 1997 

91/0244 
Conservation of wild birds 
Member  States which have notified  implementing measures: DK, D, EL, E, F, IRL, I, L, NL, A, 

P,  S,UK 

Belgium 

Greece 

Finland 

-  93/2123, not properly implemented, reasoned opinion to be sent in 

1997 

-  93/0901, no measures notified,  referral  in 1996, 

Case  C-96/330 

-  96/0579, no measures notified,  reasoned opinion to be sent in 1997 

91/0271 
Urban waste-water  treatment 
Member States which have notified  implementing measures: B, DK, E, F, IRL, L, NL, A, P, FIN, 

S, UK 

Germany 

Greece 

93/0669, no measures notified,  refenal  in 1995, 
Case C-95/297 
93/0718, no measures notified,  refenal  in 1995, 
Case C-95/161 

414 

Spain 
Italy 

-  93/0721, no measures notified,  terminated in 1996 
-  93/0786, no measures notified, referral  in 1995, 

Case  C-95/302 

Portugal 

-  93/2247, not properly implemented, reasoned opimon to be sent in 

United Kingdom 

-  93/0873, no measures notified, terminated in 1996 

1997 

91/0325 
Labelling of dangerous  substances 
(double deadline for transposai: 08.06.91 and 01.07.92) 
Member States which have notified  implementing measures: all 

91/0326 
Labelling of dangerous substances 
Member States which have notified  implementing measures: all 

Italy 

-  92/0830, no measures notified, tenninated in 1996 

91/0410 
Labelling of dangerous  substances 
Member States which have notified  implementing measures: DK, D, EL, E, ERL, L, NL, A, P, 

FIN, S 

Belgium 
Italy 
Portugal 

-  92/0666, no measures notified, referral  scheduled in 1997 
-  92/0832, no measures notified, referral  scheduled in 1997 
-  92/0902, no measures notified,  referral  in 1996, 

Case C-96/165 (to be tenninated in  1997) 

United  Kingdom 

-  92/0930, no measures notified,  referral  scheduled in 1997 

91/0632 
Labelling of dangerous  substances 
Member  States which have notified  implementing measures: all 

415 

91/0676 
Pollution of water by nitrates of agricultural origin 
Member States which have notified  implementing measures: all except NL, FIN 

Belgium 

-  94/2239, not properly implemented, suppl. reasoned opinion to be 

Greece 
Spain 
France 
Italy 
Netherlands 
Austria 
Portugal 

sent in 1997 

-  94/2247, not properly unplemented, referral  scheduled in 1997 
-  94/2240, not properly implemented, referral  scheduled in 1997 
-  94/2246, not properly applied, reasoned opimon to be sent in 1997 
-  94/2245, not properly implemented,-referral  scheduled in 1997 
-  94/2242, suppl. Art.  169 letter to be sent in 1997 
-  96/0430, no measures notified  (to be terminated in 1997) 
-  94/2243, not properly implemented, reasoned opinion to be sent in 

1997 

Finland 

-  96/0581, no measures notified, reasoned opinion to be sent in 1997 

91/0689 
Hazardous waste 
Member States which have notified  implementing measures: B, DK, D, IRL, L, NL, A, FIN, S 

Belgium 
Denmark 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Portugal 
United Kingdom 

95/0391, no measures notified, tenninated in 1996 
95/0419, no measures notified,  terminated in 1996 
95/0448, no measures notified, reasoned opinion to be sent in 1997 
95/0474, no measures notified, reasoned opmion in 1996 
95/0498, no measures notified, reasoned opinion to be sent in 1997 
95/0521, no measures notified,  terminated m 1996 
95/0539, no measures notified, reasoned opinion to be sent in 1997 
95/0565, no measures notified  (to be tenninated in  1997) 
95/0601, no measures notified,  Art  169 letter in 1995 
95/0629, no measures notified. Art.  169 letter in 1995 

92/0003 
Shipments of radioactive waste 
Member States wliich have notified  implementing measures: DK, E, F, IRL, I, L, NL, A, P, FIN, 

S,UK 

Belgium 
Germany 

-  94/0400, no measures notified, reasoned opinion in 1996 
-  94/0413, no measures notified, reasoned opinion in 1996 

416 

Greece 
Portugal 

-  94/0428, no measures notified,  reasoned  opinion to be sent in 1997 
-  94/0487, no measures notified,  terminated in 1996 

92/0014 
Operation of aeroplanes 
Member States which have notified  implementing measures: all 

92/0032 
Labelling of dangerous  substances 
Member States which have notified  implementing measures: DK, D, EL, E, F, LRL, L, NL, A, P, 

FIN, S, UK 

Belgium 

Italy 
Portugal 

-  93/0970, no measures notified,  referral  in 1996, 

Case C-96/222 

-  93/1044, no measures notified,  reasoned opinion to be sent in 1997 
-  93/1075, no measures notified,  referral  in  1996, Case 

C-96/166 (to be terminated in  1997) 

92/0037 
Labelling of dangerous  substances 
Member  States wliich have notified  unplementmg measures: all 

92/0043 
Conservation of natural habitats and wild fauna and flora 
Member  States winch have notified  implementing measures: B, DK, E, LRL, L, NL, A, S, UK 

Germany 
Greece 

Spain 
France 
Ireland 

Italy 
Portugal 
Finland 

94/0645, no measures 
94/0703, no measures 
C-96/324 
94/0659, no measures 
94/0673, no measures 
96/2028, not properly 
1997 
94/0718, no measures 
94/0748, no measures 
96/0582, no measures 

notified,  referral  scheduled in 1997 
notified,  referral  in 1996, Case 

notified,  tenninated  in 1996 
notified,  referral  scheduled in 1997 
implemented, reasoned opinion to be sent in 

notified,  referral  scheduled  in 1997 
notified,  referral  scheduled in 1997 
notified,  reasoned opinion to be sent in 1997 

417 

92/0069 
Labelling of dangerous  substances 
Member States which have notified  implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, 

FIN, S, UK 

Belgium 

Italy 
Portugal 

-  93/0973, no measures notified, referral in 1996, 

Case  C-96/220 

-  93/1047, no measures notified,  reasoned opmion to be sent in 1997 
-  93/1077, no measures notified,  referral  in 1996, 

Case C-96/167 (to be terminated in  1997) 

92/0072 
Air pollution by ozone 
Member  States which have notified  implementing measures: B, DK, D, E, IRL, I, F, L, NL, A, P, 

S,UK 

Greece 

-  94/0547, no measures notified,  referral  in 1996, 

France 
Italy 
Netherlands 
Portugal 
Finland 

CaseC-96/331 

-  94/0555, no measures notified,  terminated in 1996 
-  94/0568, no measures notified,  terminated in 1996 
-  94/0583, no measures notified tennmated in 1996 
-  94/0590, no measures notified  (to be terminated in 1997) 
-  96/0583, no measures notified,  reasoned opinion in 1997 

92/0112 
Pollution - titanium dioxide 
Member States which have notified  unplementing measures: all 

Belgium 
Germany 

-  93/0638, no measures notified,  terminated m 1996 
-  94/2151, not properly unplemented, reasoned opinion to be sent in 

1997 

93/0012 
Sulphur content of liquid  fuels 
Member States wliich have notified  implementmg measures: B, DK, D, EL, F, LRL, I, L, NL, A, 

P, FIN, S, UK 

Belgium 
Spain 
Italy 

-  94/0519, no measures notified  (to be tenninated  in 1997) 
-  94/0552, no measures notified,  reasoned  opinion in 1996 
-  94/0571, no measures notified,  tenninated  in  1996 

418 

93/0021 
Labelling of dangerous  substances 
Member  States which have notified  implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, 

FIN, S, UK 

Belgium 

-  94/0782, no measures notified, referral in 1996 

Case C-96/313 

Italy 
Portugal 

-  94/0876, no measures notified,  reasoned opimon to be sent in  1997 
-  94/0933, no measures notified  (to be tennmated in 1997) 

93/0067 
Principles for assessment of risks 
Member  States which have notified  implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, 

FIN, S 

Belgium 

-  93/0978, no measures notified, referral in 1996, 

CaseC-96/221 

Greece 
Italy 

-  93/1020, no measures notified,  tenninated in 1996 
-  93/1054, no measures notified,  referral  in 1995, 

Case C-95/238 

Portugal 

-  93/1084, no measures notified, referral  in 1996 

Case C-96/168 (to be tenninated in 1997) 

United Kingdom 

-  93/1095, no measures notified,  referral  scheduled in 1997 

93/0072 
Labelling of dangerous  substances 
Member  States which have notified  implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, 

FIN, S, UK 

Belgium 
Italy 
Portugal 

-  94/0791, no measures notified,  referral  scheduled in 1997 
-  94/0885, no measures notified, reasoned opinion to be sent in 1997 
-  94/0943, no measures notified  (to be tenninated in 1997) 

419 

93/0086 
Batteries and accumulators containing certain dangerous  substances 
Member States which have notified  implementing measures: DK, EL, E, IRL, L, NL, A, P, FIN, 

S,UK 

Belgium 

-  94/0032, no measures notified,  referral  in  1996, 

CaseC-96/219 

Germany 

-  94/0094, no measures notified,  referral  in 1996, 

Spain 
France 

Italy 

Case  C-96/236 

-  94/0162, no measures notified,  terminated in 1996 
-  94/0193, no measures notified,  referral  in 1996, 

Case  C-96/283 

-  94/0261, no measures notified,  referral in 1996, 

Case  C-96/286 

93/0090 
Labelling of dangerous  substances 
Member States which have notified  implementmg measures: DK, D, EL, E, F, ERL, L, NL, A, P, 

FIN, S 

Belgium 
Italy 

-  94/0033, no measures notified,  referral  scheduled m 1997 
-  94/0262, no measures notified,  referral  m 1996, 

Case  C-96/286 

Luxembourg 
Portugal 
United Kingdom 

-  94/0296, no measures notified,  tenninated in 1996 
-  94/0361, no measures notified  (to be termmated in 1997) 
-  94/0393, no measures notified, referral  scheduled in 1997 

93/0101 
Labelling of dangerous  substances 
Member States which have notified  implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, 

FIN, S, UK 

Belgium 
Greece 
Spain 
Italy 
Luxembourg 
Portugal 

-  95/0230, no measures notified,  referral  scheduled m 1997 
-  95/0268, no measures notified,  terminated in  1996 
-  95/0286, no measures notified,  tenninated in 1996 
-  95/0319, no measures notified,  reasoned opinion to be sent in 1997 
-  95/0337, no measiures notified,  terminated in 1996 
-  95/0361, no measures notified  (to be tenninated in 1997) 

420 

93/0105 
Infonnation  required for technical  dossiers 
Member States which have notified  implementing measures: DK, D, EL, E, F, IRL, L, NL, A, P, 

FIN, S 

Belgium 

-  94/0035, no measures notified,  referral  in 1996, 

CaseC-96/218 

Italy 

-  94/0263, no measures notified,  referral  in 1996, 

Case  C-96/286 

Portugal 

-  94/0362, no measures notified, referral in 1996, 

Case C-96/169 (to be terminated in 1997) 

United  Kingdom 

-  94/0395, no measures notified, referral  scheduled in 1997 

94/0015 
Genetically modified  organisms 
Member States which have notified  implementing measures: DK, D, EL, F, ERL, I, NL, A, P, 

FIN, S, UK 

Belgium 
Germany 
Greece 
Spain 

-  94/0634, no measures notified,  referral  scheduled in 1997 
-  94/0658, no measures notified  (to be terminated in 1997) 
-  94/0687, no measures notified,  tenninated in 1996 
-  94/0672, no measures notified,  suppl. reasoned opmion to be sent in 

1997 

Luxembourg 
United Kingdom 

-  94/0742, no measures notified,  reasoned opinion to be sent in 1997 
-  94/0775, no measures notified, terminated in 1996 

94/0024 
Conservation of wild birds 
Addressed to: Italy 
Member States which have notified  implementing measures: I 

94/0051 
Genetically modified  organisms 
Member States wliich have notified  implementing measures: DK, D, EL, F, I, NL, A, FIN, S, UK 

Belgium 
Greece 
Spain 
Ireland 

-  95/0239, no measures notified,  reasoned opimon to be sent in 1997 
-  95/0277, no measures notified,  terminated in 1996 
-  95/0290, no measures notified,  reasoned opinion to be sent in 1997 
-  95/0312, no measures notified,  reasoned opinion to be sent in 1997 

421 

Luxembourg 

-  95/0344, no measures notified,  reasoned opinion to be sent in 1997 

Portugal 
United  Kingdom 

-  95/0371, no measures notified,  reasoned opinion to be sent in 1997 
-  95/0385, no measures notified,  terminated in 1996 

94/0062 
Packaging and packaging waste 
Member  States which have notified implementmg measures: D 

94/0063 
Volatile organic compound  emissions 
Member States which have notified  implementing measures: B, DK, E, F, I, L, NL, A, S, UK 

Belgium 
Germany 
Greece 
Ireland 
Portugal 
Finland 

96/0011, no 
96/0042, no 
96/0059, no 
96/0116, no 
96/0184, no 
96/0590, no 

measures notified  (to be tenninated in 1997) 
measures notified,  reasoned opinion to be sei 
measures notified,  reasoned opinion to be sent in 1997 
measures notified,  reasoned ophnon to be 
measures notified,  reasoned ophnon to be sent in 1997 
measures notified, reasoned opinion to be 
measures notified, reasoned opinion to be sent in 1997 
measures notified,  reasoned opinion to be 
rpQcnnpH  rminirvn  tr* h*=» cp»nt  in  1 QQ7 
mPQCiirpc  nrvhfî^H 
measures notified,  reasoned opimon to be sent in 1997 

94/0066 
Emissions from large combustion plants 
Member  States which have notified  implementing measures: B, DK, D, E, F, IRL, L, NL, A, 

FIN, S, UK 

Belgium 
Greece 
Spain 
Ireland 
Italy 
Portugal 

-  950409, no measures notified,  terminated in 1996 
-  95/0465, no measures notified, reasoned opinion in 1996 
-  95/0491, no measures notified,  termmated in 1996 
-  95/0532, no measures notified,  tenninated in 1996 
-  95/0555, no measures notified,  reasoned opinion to be sent in 1997 
-  95/0620, no measures notified,  reasoned opinion in 1996 

422 

94/0067 
Incineration of hazardous waste 
Member States which have notified  implementing measures: D, L 

94/0069 
Labelling of dangerous  substances 
Member States which have notified  implementing measures :D, L, NL, S 

95/0027 
Excavators, dozers and  excavator-loaders 
Member States which have notified  implementing measures: DK, D, E, L, NL, P, FIN, UK 

Belgium 
Greece 
Ireland 
Italy 
Luxembourg 

-  96/0016, no measures notified,  reasoned opinion to be sent in 1997 
-  96/0066, no measures notified,  reasoned opimon to be sent in 1997 
-  96/0122, no measures notified,  reasoned opinion to be sent in 1997 
-  96/0141, no measures notified,  reasoned opinion to be sent in 1997 
-  96/0159, no measures notified  (to be terminated in  1997) 

423 

7  TRANSPORT 

62/2005 
Carriage of goods by road 
Member States winch 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 winch have notified implementing measures: all 

76/0135 
Inland waterway vessels 
Member States which have notified implementmg measures: all, except FIN and S. 

76/0914 
Training for road transport drivers 
Member States winch have notified implementing measures: all. 

77/0143 
Roadworthiness tests for motor vehicles 
Member States winch have notified unplementing measures: all 

77/0796 
Mutual recognition of qualifications  - goods haulage operators 
Member States which have notified implementing measures: all 

79/0115 
Pilotage of vessels 
Member States which have notified  implementing measures: all, except A. 

424 

80/1266 
Mutual assistance - aircraft  accidents 
Member States winch 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. 

Austria 

-  96/0392, no measiures notified, Art. 169 letter in 1996 

85/0003 
Weights and dimensions of motor vehicles 
Member States winch have notified implementing measures: all 

86/0360 
Weights and dimensions of motor vehicles 
Member States wliich have notified implementing measures: all 

86/0364 
Weights and dimensions of motor vehicles 
Member States wliich have notified implementing measiures: all 

87/0540 
Admission to the occupation of carrier of goods by waterway 
Member States which have notified implementing measures: B, DK, D, EL, E, F, IRL, I, L, NL, A, P, 

UK 

Belgium 

-  89/0364, no measures notified, refenal  in 1990 - Case C-90/377, Art. 

Germany 

-  93/2202, not properly implemented, Art.  169 letter in 1994, reasoned 

171 letter in 1993, tenninated in 1996. 

opinion in 1995 

425 

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: all. 

Italy 

-  90/0061, no measures notified, referral in 1993 - Case C-93/289, Art. 

171 letter in 1995, terminated in 1996. 

Finland 

-  96/0571, no measures notified, Art. 169 letter in 1996 (to be terminated 

in 1997). 

89/0338 
Weights and dimensions of motor vehicles 
Member States winch have notified unplementing measures: all 

89/0438 
Admission to the occupation of road haulage operator 
Member States which have notified unplementing measures: all 

Luxembourg 

-  92/2199, not properly implemented, Art.  169 letter in 1993, reasoned 

opinion in  1995, tenninated in 1996. 

89/0459 
Tyres of motor vehicles 
Member States which have notified unplementing measures: all. 

89/0461 
Weights and dimensions of motor vehicles 
Member States which have notified implementing measures: all. 

426 

89/0684 
Training for drivers of vehicles carrying dangerous goods 
Member States which have notified implementing measures: all 

90/0398 
Vehicles hired without drivers 
Member States which have notified implementing measures: all, except A 

Austria 

-  96/0413, no measures notified, Art.  169 letter in 1996. 

91/0060 
Weights and dimensions of motor vehicles 
Member States winch have notified implementing measures: all. 

91/0328 
Roadworthiness tests for motor vehicles and their trailers 
Member States winch have notified implementing measures: all except IRL. 

Ireland 

-  93/0764, no measiures notified, Art. 169 letter in 1993, reasoned opinion 

in 1996. 

91/0439 
Driving hcence 
Member States which have notified implementing measures: DK, EL, E, F, IRL, I, L, NL, P, FIN and 

S. 

Belgium 

-  96/0857, no measures notified (Art.  169 letter to be sent in 1997). 

91/0440 
Development of railways 
Member States winch have notified implementing measures: all. 

Greece 

-  94/0429, no measiures notified, Art.  169 letter in 1994, reasoned opinion 

in 1995, tenninated in 1996. 

427 

91/0670 
Mutual acceptance of personnel licences in civil aviation 
Member States winch have notified implementing measures: all 

Spain 
France 

-  93/4211, not properly apphed, reasoned opimon in 1996. 
-  93/4916, not properly applied, reasoned opinion in 1995. 

91/0671 
Use of safety belts 
Member States winch have notified implementing measures: all. 

Belgium 

-  93/0018, no measures notified, reasoned opinion in 1995, tenninated in 

1996. 

91/0672 
Boatmasters' certificates for inland waterways 
Member States which have notified implementing measures: all, except A 

Austria 

-  96/0429, no measures notified, Art. 169 letter in 1996. 

92/0006 
Speed limitation devices for certain categories of motor vehicles 
Member States which have notified implementing measures: all. 

Portugal 

-  93/1074, no measures notified, Art. 169 letter in 1993, reasoned opimon 

in 1995, tenninated in 1996. 

92/0007 
Weights and dimensions of motor vehicles 
Member States wliich have notified unplementing measures: all 

92/0054 
Roadworthiness tests for motor vehicles and their trailers (brakes) 
Member States winch have notified implementing measures: all. 

Italy 

-  93/0793, no measures notified, Art. 169 letter in 1993, terminated in 

1996. 

428 

92/0055 
Roadworthiness tests for motor vehicles and their trailers (exhaust emissions) 
Member States which have notified implementing measures: all 

92/106 
Combined transport 
Member States winch have notified implementing measures: all except B. 

Belgium 

Greece 

-  93/0636, no measures notified, Art. 169 letter in 1993, reasoned opinion 

in 1996. 

-  93/0701, no measures notified, Art. 169 letter in 1993, terminated in 

1996. 

93/0065 
Air-traffic  management systems 
Member States which have notified implementing measures: DK, D, EL, IRL, L, NL, P, FIN, S, UK 

Belgium 

-  95/0394, no measures notified, Art. 169 letter in 1995, reasoned opinion 

Greece 

Spain 

France 

Italy 

Austria 
Portugal 

in 1996. 

-  94/0982, no measures notified, Art.  169 letter in 1995, reasoned opimon 

in 1996, terminated in 1996 

-  95/0477, no measures notified, Art. 169 letter in 1995, reasoned opinion 

in 1996. 

-  94/0843, no measures notified, Art. 169 letter in 1995, reasoned opinion 

in 1996. 

-  95/0542, no measures notified, Art. 169 letter in 1995, reasoned opinion 

in 1996. 

-  96/0453, no measures notified, Art. 169 letter in 1996. 
-  94/0940, no measures notified, Art. 169 letter in 1995, tenninated in 

1996. 

93/0075 
Minimum requirements for vessels bound for or leaving Commumty ports and carrying dangerous or 

polluting goods 

Member States which have notified implementing measiures: B, DK, D, EL, F, IRL, NL, A, P, FIN, 

S, UK. 

429 

Belgium 

Denmark 

Spain 

France 

Ireland 

Italy 

Netherlands 

Portugal 

United Kingdom 

94/0793, no measures notified, Ait. 169 letter in 1995, tenninated in 
1996. 
94/0804, no measures notified, Art. 169 letter in 1995, reasoned opinion 
in 1995 (to be tenninated in 1997). 
94/0833, no measures notified, Art. 169 letter in 1995, reasoned opinion 
in 1995 
94/0847, no measures notified, Art. 169 letter in 1995, terminated in 
1996 
94/0863, no measures notified, Art. 169 letter in 1995, terminated in 
1996 
94/0887, no measures notified, Art. 169 letter in 1995, reasoned opimon 
in 1995 
94/0921, no measures notified, Art.  169 letter in 1995, terminated in 
1996. 
95/0360, no measures notified, Art. 169 letter in 1995, terminated in 
1996. 
94/0966, no measures notified, Art. 169 letter in 1995, reasoned opinion 
in 1995, terminated in 1996. 

93/0089 
Taxes on certain vehicles used for the carriage of goods by road 
Member States which have notified implementing measures: B, D, DK, EL, E, IRL, L, NL, A, P, 

FIN, S, UK 

Belgium 

Greece 

Spain 

France 

Ireland 

Italy 
Luxembourg 

Portugal 

Sweden 

95/0024, no measiures notified, Art. 169 letter in 1995, terminated in 
1996 
95/0066, no measures notified, Art. 169 letter in 1995, terminated in 
1996 
95/0082, no measures notified, Ait. 169 letter in 1995, terminated in 
1996 
95/0103, no measures notified, Art.  169 letter in 1995, reasoned opinion 
in 1996. 
95/0115, no measures notified, Art.  169 letter in 1995, terminated in 
1996 
95/0133, no measiures notified, Art. 
95/0148, no measures notified, Art. 
1996. 
95/0178, no measures notified, Art. 169 letter in 1995, tenninated in 
1996. 
96/0493, no measiures notified, Art.  169 letter in 1996 (to be tenninated 
in 1997). 

169 letter in 1995 
169 letter in 1995, tenninated in 

430 

94/0021 
Summertime 
Member States which have notified implementing measures: all. 

Denmark 

-  95/0036, no measures notified, Art. 169 letter in 1995, terminated in 

1996 

Italy 

-  95/0138, no measures notified, Art. 169 letter in 1995, terminated in 

1996 

Netherlands 

-  95/0161, no measures notified, Art. 169 letter in 1995, terminated in 

1996 

Portugal 

-  95/0185, no measures notified, Art.  169 letter in 1995, terminated in 

1996 

United Kingdom 

-  95/0207, no measures notified, Art. 169 letter in 1995, terminated in 

1996. 

94/0056 
Investigation of civil aviation accidents and incidents 
Member States which have notified unplementing measures: FIN, S 

94/0057 
Ship inspections and surveys 
Member States winch have notified implementing measures: DK, D, E, F, L, P, S 

Belgium 

Denmark 

Greece 

Spain 

Ireland 

Italy 

Netherlands 

Austria 
Portugal 

96/0009, no measures notified, Art. 169 letter in 1996, reasoned opinion 
in 1996. 
96/0026, no measures notified, Art.  169 letter in 1996, terminated in 
1996 
96/0056, no measures notified, Art. 169 letter in 1996, reasoned opinion 
in 1996 
96/0075, no measures notified, Art. 169 letter in 1996, terminated in 
1996 
96/0113, no measures notified, Art. 169 letter in 1996, reasoned opinion 
in 1996 
96/0132, no measures notified, Art.  169 letter in 1996, reasoned opinion 
in 1996 
96/0164, no measures notified, Art. 169 letter in 1996, reasoned opimon 
in 1996 
96/0469, no measures notified, Art. 169 letter in 1996 
96/0181, no measures notified, Art.  169 letter in 1996, tenninated in 
1996. 

431 

Finland 
Sweden 

-  96/0588, no measures notified, Art. 169 letter in 1996 
-  96/0495, no measures notified, Art. 169 letter in 1996 (to be tenninated 

in 1997). 

United Kingdom 

-  96/0202, no measures notified, Art. 169 letter in 1996, reasoned opinion 

in 1996. 

94/0058 
Training of seafarers 
Member States which have notified implementing measures: B, DK, D, EL, E, F, L, NL, A, S, UK 

Denmark 

-  96/0027, no measures notified, Art. 169 letter in 1996, terminated in 

1996. 

Germany 

-  96/0041, no measures notified, Art. 169 letter in 1996, terminated in 

Greece 

Spain 

France 

Ireland 

Italy 

1996. 

-  96/0057, no measures notified, Art. 169 letter in 1996, terminated in 

1996. 

-  96/0076, no measures notified, Art. 169 letter in 1996, terminated in 

1996. 

-  96/0094, no measures notified, Art. 169 letter in 1996, tenninated in 

1996. 

-  96/0114, no measures notified, Art. 169 letter in 1996, reasoned opinion 

in 1996 

-  96/0133, no measures notified, Art. 169 letter in 1996, reasoned opinion 

m 1996 

Luxembourg 
Netherlands 

-  96/0, no measures notified, Art. 169 letter in 1996, terminated in 1996. 
-  96/0165, no measures notified, Art. 169 letter in 1996, reasoned opinion 

Austria 

Portugal 

in 1996 (to be terminated in 1997). 

-  96/0470, no measures notified, Art. 169 letter in 1996 (to be terminated 

in 1997). 

-  96/0182, no measures notified, Art. 169 letter in 1996, reasoned opinion 

United Kingdom 

-  96/0203, no measures notified, Art. 169 letter in 1996, terminated in 

in 1996. 

1996. 

95/0021 
Ship safety, pollution control and shipboard living and working conditions 
Member States which have notified unplementing measures: DK, D, F, L, A, S, UK. 

Belgium 
Greece 
Spain 

-  96/0861, no measures notified (Art. 169 letter to be sent in 1997) 
-  96/0914, no measures notified (Art. 169 letter to be sent in 1997) 
-  96/0939, no measures notified (Ait. 169 letter to be sent in 1997) 

432 

Ireland 
Italy 
Netherlands 
Portugal 
Finland 

-  96/0978, no measures notified (Art. 169 letter to be sent in 1997) 
-  96/0997, no measures notified (Art. 169 letter to be sent in 1997) 
-  96/1032, no measures notified (Art. 169 letter to be sent in 1997) 
-  96/1043, no measures notified (Art. 169 letter to be sent in 1997) 
-  96/1102, no measures notified (Art. 169 letter to be sent in 1997) 

433 

8. ENERGY 

68/0414 
Crude-oil stocks 
Member States winch have notified implementing measures: all 

72/0425 
Crude-oil stocks 
Member States winch have notified implementing measures: all 

73/0238 
Oil supply  difficulties 
Member States winch have notified implementing measures: all 

75/0339 
Fossil fuel stocks 
Member States winch have notified unplementing measures: all except FIN 

75/0405 
Use of petroleum products in power stations 
Member States which have notified implementing measures: all 

76/0491 
Infonnation on oil prices 
Member States winch have notified implementing measures: all 

78/0170 
Heat generators 
Member States winch have notified implementing measures: all 

82/0885 
Heat generators 
Member States which have notified  implementing measures: all 

434 

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 measiures: all. 

Spain 

-  92/0165, no measures notified, terminated in 1996. 

90/0547 
Transit of electricity through transmission grids 
Member States wliich have notified implementing measiures: all 

90/0653 
Gas and electricity prices 
Gennany) 
(addressed to: 
Member States winch have notified implementing measures: D 

91/0296 
Transit of natural gas through grids 
Member States winch have notified implementing measures: all. 

Spain 
- 
Portugal 

-  92/0181, no measures notified, teimiiiated in 1996 
-  92/0481, no measures notified, tenninated in 1996 

435 

92/0042 

Efficiency  requirements for hot-water boilers 
Member States which have notified implementing measures: DK, D, EL, E, FIN, F, ERL, LUX, NL, 

P, S, UK. 

Belgium 
Luxembourg 
Portugal 
Italy 

-  93/0971, no measures notified, referral in 1996. 
-  93/1065, no measures notified, terminated in 1996. 
-  93/1076, no measures notified, terminated in 1996. 
-  93/1045, no measures notified, referral in 1996. 

92/0075 
Infonnation on the consumption of energy by household appliances 
Member States winch have notified implementing measures: all 

93/0076 
Carbon dioxide emissions 
Member States winch have notified implementing measures: F, DK, NL, UK. 

Belgium 
Denmark 
Spain 
Greece 
Ireland 
Italy 
Luxembourg 
Portugal 

95/0023, no measiures notified, reasoned opimon in 1996. 
95/0033, no measures notified, tenninated in 1996. 
95/0080, no measures notified, reasoned opinion in 1996. 
95/0064, no measures notified, reasoned opimon in 1996. 
95/0113, no measures notified, reasoned opimon in 1996. 
95/0131, no measures notified, reasoned opimon in 1996. 
95/0146, no measures notified, reasoned opimon in 1996. 
95/0176, no measures notified, reasoned opimon in 1996. 

94/0002 
Energy labelling of refrigerators, freezers and their combinations 
Member States winch have notified implementing measures: A, DK, EL, E, FIN, F, IRL, NL, P, S, 

UK. 

Belgium 
Germany 
Italy 
Luxembourg 

-  95/0026, no measures notified, reasoned opinion in 1996. 
-  95/0049, no measures notified, reasoned opimon in 1996. 
-  95/0136, no measures notified, reasoned opinion in 1996. 
-  95/0151, no measures notified, tenninated in 1996. 

436 

94/0022 
Authorizations for the prospection, exploration and production of hydrocarbons 
Member States which have notified unplementing measures: A, DK, D, E, EL, F, NL, P, S, UK 

(Luxembourg not required to transpose). 

-  95/0401, no measures notified, Art. 169 letter in 1995. 
-  95/0483, no measures notified, terminated in 1996. 
-  95/0543, no measures notified, Art. 169 letter in 1995. 
-  95/0526, no measures notified, Art. 169 letter in 1995. 
-  95/0591, no measures notified, terminated in 1996. 

Belgium 
Spain 
Italy 
Ireland 
Netherlands 

95/12/CE 

Energy labelling of household washing machines 
Member States which have notified implementing measures: A, DK, E, FIN, L, P, S, UK. 

Germany 
Belgium 
France 
Greece 
Italy 
Netherlands 

95/13/CE 

96/0250, no 
96/0233, no 
96/0286, no 
96/0266, no 
96/0309, no 
96/0332, no 

measures notified, Art. 
measures notified, Art. 
measures notified, Art. 
measures notified, Art. 
measures notified, Art. 
measures notified, Art. 

169 letter in 1996. 
169 letter in 1996. 
169 letter in 1996. 
169 letter in 1996. 
169 letter in 1996. 
169 letter in 1996. 

Energy labelling of household electric rumble driers 
Member States which have notified implementing measures: A, DK, E, F, FEN, L, P, S, UK. 

Germany 
Belgium 
Greece 
Italy 
Netherlands 

96/0251, no measures notified, Art. 
96/0234, no measures notified, Art. 
96/0267, no measures notified, Art. 
96/0310, no measures notified, Art. 
96/0333, no measures notified, Art. 

169 letter in 1996. 
169 letter in 1996. 
169 letter in 1996. 
169 letter in 1996. 
169 letter in 1996. 

437 

ANNEX V 

JUDGMENTS OF THE COURT OF JUSTICE 

NOT YET  IMPLEMENTED 

438 

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 21/5/1991 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). 

A Government  Bill to  amend  the Act  of  1991 in line with  the  Commission's  wishes  has been 
presented to Parliament,  and its enactment is awaited. 

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 

Article  171 proceedings are in motion. 

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  20/09/1994.  The  company  has  appealed  against  the  substance  and 
against  enforcement. 

Judgment  given  on  10/11/92, Case  C-326/90 

Covert  discrimination  regarding social security  benefits 

The  Commission  has  approached  the  Belgian  authorities,  drawing  their  attention  to  the 
Cabannis judgment  and to the need to implement the relevant  legislation. 

439 

Judgment given on  17/02/93, Case C-173/91 

Equal treatment of men and women 
Discrimination based on age 

Progress is being made. 

Judgment 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. 

Judgment  given on 04/05/95, Case C-218/94 

Telecommunications 
Council Directive 

terminal  equipment: 

failure 

to  notify  measures 

transposing 

the 

The Belgian authorities have confirmed  that the requisite Royal Decree is up for approval. 

Judgment given  on  14/03/96, Case  C-239/95 

Active implantable medical devices 

Article  171 proceedings have been commenced. 

Judgment  given  on 25/04/96, Case  C-87/94 

Public procurement:  Buses for the Walloon Region Transport  Company 

The  Commission  has  approached  the  Belgian  authorities  to  obtain  information  about  the 
measures that  have been or about to be taken to implement  the Court's judgment. 

440 

Judgment given on 02/05/96, Case C-133/94 

Incomplete  transposai  of  the  Council  Directive  on  the  assessment  of  the  impact  of  certain 
public or private projects on the environment 

The Brussels  authorities  have given  effect  to  the  Court's judgment.  No  information  has  been 
received  from  the  Flemish  Region.  The  Commission  has written  to  the Belgian  authorities  to 
inquire about the measures planned in order to come into line with the Court's judgment. 

Judgment given  on 02/07/96, Case C-173/94 

Access to employment  - water,  gas and electricity  distribution 

The Commission  has  contacted  the Belgian  authorities to  inquire about  the measures  planned 
in order to come into line with the Court's judgment. 

Judgment given on  10/09/96, Case C-ll/95 

Incomplete transposai of Television without frontiers  Directive 

The Commission  has  contacted  the Belgian  authorities  to  inquire about  the measures  planned 
in order to come into line with the Court's judgment. 

Judgment given  on  12/06/96, Case  C-278/94 

Employment  - equal treatment  - discrimination against  children of migrant  workers 

The  Commission  has  approached  the Belgian  authorities,  drawing  their  attention  to  the  need 
to implement the relevant  legislation. 

Judgment of 12/12/96, Case C-218/96 

Failure  to  notify  measures  transposing  the  Council  Directive  on  infonnation  required  for 
technical files 

Recent judgment. 

44 

Judgment of 12/12/96, Case C-219/96 

Failure to notify  measures transposing  the Directive  on batteries  and  accumulators  containing 
dangerous  substances 

Recent judgment. 

Judgment of 12/12/96, Case  C-220/96 

Failure  to  notify  measures  transposing  Commission  Directive  84/449/EEC  adapting  to 
technical  progress  for  the  sixth  time  Council  Directive  67/548/EEC  on  the  classification, 
packaging and labelling of dangerous  substances 

Recent judgment. 

Judgment of 12/12/96, Case C-221/96 

Failure  to  notify  measures  transposing  the  Commission  Directive  on  the  principles  for  the 
evaluation  of the  risks to  man and the  environment  of  substances  notified  in  accordance  with 
Council Directive  67/548/EEC 

Recent judgment. 

Judgment of 12/12/96, Case  C-222/96 

Failure  to  notify  measures  transposing  the  Council  Directive  on  the  classification,  packaging 
and labelling of dangerous  substances 

Recent judgment. 

442 

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 have been commenced  pending their enactment by the  Saarland. 

Judgment given on  20/09/90 

Bug-Alutechnik - repayment  of a grant 

National recovery proceedings are still in motion. 

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 have been commenced. 

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 have been commenced. 

Judgment given  on  10/05/95, Case  C-422/92 

Waste disposal 

Progress is being made. 

443 

Judgment given on 02/05/96, Case  C-253/95 

Failure to  notify  measures  transposing  the  Council  Directive  coordinating  procedures  for  the 
award of public services contracts 

The Commission has contacted the German authorities to ascertain what measures are planned 
to comply with the Court's judgment. 

Judgment given on  10/09/96, Case C-61/94 

Inward  processing 

The Commission has contacted the German authorities to ascertain what measures are planned 
to comply with the Court's judgment. 

Judgment given  on 07/11/96, Case  C-262/95 

Dangerous substances - limit values set by administrative circular 

Recent judgment. 

Judgment given  on  12/12/96, Case  C-297/95 

Failure  to  notify  measures  transposing  the  Council  Directive  on  treatment  of  urban  waste 
water 

Recent judgment. 

Judgment given  on  12/12/96, Case  C-298/95 

Fish and shellfish  waters 

Recent judgment. 

444 

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 fFrontistirion); nationality  discrimination 

Article  171 proceedings are in motion. 

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 

Measures have been received.  They are under scrutiny at the Commission. 

Judgment given  on 07/04/92, Case C-45/91 

Village waste in Crete 

The  Greek  authorities  have  notified  the  Commission  of  a  set  of  measures,  and  a  reply 
containing technical annexes. They are under scrutiny. 

Judgment  given on 23/03/95, Case  C-365/93 

Mutual recognition of qualifications  - higher education 

Article  171 proceedings are in motion. 

445 

Judgment  given on 01/06/95, Case C-123/94 

Nationality  discrimination 

Article  171 proceedings are in motion. 

Judgment given on 06/07/95, Case  C-259/94 

Open network provision - leased lines 

Some measures remain to be taken. The Commission has received  drafts. 

Judgment  given on 11/08//95, Case  C-260/94 

Failure  to  notify  measures  transposing  the  Council  Directive  on  telecommunications  terminal 
equipment 

The Greek authorities have notified  the Commission of legislation which is under scrutiny. 

Judgment given on 28/03/96, Case C-161/95 

Failure to notify  measures transposing the Council Directive on urban waste water 

The  Commission  has contacted  the Greek  authorities  to  ascertain  what  measures  are  planned 
to comply with the Court's judgment. 

Judgment given on 02/05/96, Case C-311/95 

Failure  to  notify  measures  transposing  the  Council  Directive  coordinating  procedures  for  the 
award of public services contracts 

The  Commission  has contacted  the  Greek  authorities to  ascertain  what  measures  are  planned 
to comply with the Court's judgment. 

Judgment  given on 23/05/96, Case C-331/94 

VAT on transport, cruises and package holidays 

The Commission  has contacted  the  Greek  authorities  to  ascertain  what  measures  are  planned 
to comply with the Court's judgment. 

446 

Judgment given on 02/07/96, Case  C-290/94 

Access to employment  - nationality  discrimination 

The Commission  has contacted  the  Greek  authorities to  ascertain  what  measures  are  planned 
to comply with the Court's judgment. 

Judgment given on  19/09/96, Case  C-236/95 

Failure  to  notify  measures transposing  the  Council  Directive  coordinating  procedures  for  the 
award of public services and works  contracts 

The Commission  has contacted  the  Greek  authorities to  ascertain  what  measures  are  planned 
to comply with the Court's judgment. 

Judgment given on 03/10/96, Case  C-380/95 

Plant health products 

Recent judgment 

Judgment  given on  05/12/96, Case C-91/96 

Failure  to  notify  measures  transposing  the  Council  Directives  on  health  policy  in  intra-
Community trade  and on imports from non-member  countries  of embryos  of domestic  bovine 
animals and products not subject to specific Community rules 

Recent judgment. 

447 

Judgment given on 02/08/93, Case  C-355/90 

Conservation of wild birds at  Santona 

Progress is being made. 

Judgment given on  15/03/94, Case C-45/93 

Nationality discrimination  - access to museums 

Article  171 proceedings have been commenced. 

Judgment given on 22/03/94, Case  C-375/92 

Restrictions on freedom  to provide services as tourist  guides 

The  Spanish  authorities  have  notified  the  Commission  of  several  legislative  instruments. 
Certain regional instruments are not yet available. 

Judgment given on 26/09/96, Case  C-79/95 

Failure to notify  measures transposing the Council Directives on  safety  and  health  of workers, 
minimum safety  and health requirements at the workplace, for individual protective equipment, 
for the manual handling of loads where there is a risk of injury  to workers, for work  at display 
screen equipment  and for risks of exposure to carcinogens at work 

The  Commission  has  contacted  the  Spanish  authorities  to  ascertain  what  measures  are 
planned to comply with the Court's judgment. 

448 

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 

The  French  authorities  have  notified  the  Commission  of  a  draft  circular  that  it  considers 
potentially satisfactory.  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 

Progress is being made. 

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,  and  a reasoned  opinion  has been  sent.  A reply has been received  and  is now being 
scrutinized. 

449 

Judgment given on  13/01/93, Case C-293/91 

Defective  products 

The French  authorities  have  notified  the  Commission  of  a  government  Bill  and  amendments 
relating  to  the  exclusion  of  products  derived  from  the  human  body.  Contacts  are  being 
maintained. 

Judgment given on  17/11/93, Case C-68/92 

VAT on advertising services, double taxation 

A fresh  circular complying with the Court's judgment is awaited. 

Judgment given on  14/12/95, Case C-l7/95 

Protection  of animals in transport.  Checks and preventive measures - horse sickness 

Article  171 proceedings are in motion. 

Judgment given  on 02/05/96, Case  C-234/95 

Failure  to  notify  measures  transposing  the  Council  Directive  coordinating  procedures  for  the 
award  of public services contracts 

The Commission  has contacted  the French  authorities to  ascertain what  measures  are planned 
to comply with the Court's judgment. 

450 

Judgment given on  11/08/95, Case  C-240/94 

Electromagnetic  compatibility 

Article  171 proceedings are in motion. 

Judgment given on  14/12/95, Case C-132/94 

Organization  of veterinary checks on products from  non-member  countries 

Article  171 proceedings have been commenced. 

Judgment given on  14/12/95, Case C-138/94 

Organization of veterinary checks on products from  non-member  countries 

Article  171 proceedings are in motion. 

Judgment given on  14/12/95, Case C-161/94 

Veterinary and zootechnical  checks in intra-Community trade in certain animals 

Article  171 proceedings are in motion. 

Judgment given on  14/12/95, Case C-162/94 

Veterinary checks in intra-Community  trade 

Article  171 proceedings are in motion. 

451 

Judgment given on 26/02/96, Case C-239/94 

Telecommunications  terminal  equipment:  failure  to  notify  measures  transposing  the  Council 
Directive 

The Commission has contacted the Irish authorities to ascertain what measures are planned to 
comply  with  the  Court's judgment.  National  legislation  is  in preparation,  but  has  yet  to  be 
enacted. 

452 

Judgment given on 12/07/88, Case  C-322/86 
Judgment given on 09/03/94, Case C-291/93 

Quality of fishing waters 

Article  171 proceedings have been  commenced. 

Judgment given on 17/01/91, Case C-157/89 

Protection of wild birds, shooting  season. 

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  and are continuing. 

Judgment given on 26/02/91, Case C-180/89 

Restrictions on freedom to provide services - tourist  guides 

Legislation  has  been  enacted.  The  Commission  is  still  awaiting  enactment  of  regional 
legislation. 

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 enacted; the Commission is still awaiting enactment  of 
regional legislation. 

Judgment given on  13/12/91, Case  C-33/90 

Waste-Campania 

Article  171 proceedings have reached  the referral  stage. 

453 

Judgment given on 09/03/93, Case  C-95/92 

Radiation protection -  medical  examinations 

Article  171 proceedings have reached the referral  stage. 

Judgment given on 09/02/94, Case C-l 19/92 

Customs agents' monopoly and scale of charges 

Article  171 proceedings are in motion. 

Judgment given on 26/04/94, Case C-272/91 

Public procurement  - computerized  lottery systems 

Most  of the requisite measures  have been  enacted;  the  Commission  is awaiting  the  enactment 
of the final decree. 

Judgment given on 01/06/95, Case  C-40/93 

Access to the profession  of dentist 

The Commission  is  pursuing  its  discussions  with  the  Italian  authorities  to  solve the  problems 
of compliance with the Court's judgment. 

Judgment given on 30/11/95, Case C-l 18/95 

Failure to  notify  measures  transposing  the  Council  Directives  on the  marketing  of  fruit-plant 
propagating material and vegetable seedlings 

Article  171 proceedings are in motion. 

Judgment given on 29/02/96, Case  C-307/94 

Failure to  notify  measures  transposing  the  Council  Directive  coordinating  legislation  relating 
to certain activities of pharmacists 

Article  171 proceedings are in motion. 

454 

Judgment given on  14/03/96, Case  C-238/95 

Failure  to  notify  measures  transposing  the  Commission  Directive  on  the  principles  for  the 
evaluation of the risks to man and the environment  of  substances  notified  in accordance with 
Council Directive 67/548/EEC 

Article  171 proceedings are in motion. 

Judgment given on 06/06/96, Case C-101/94 

Financial services - Intermediazione Mobiliare 

Progress.  The  Italian  authorities  have  notified  the  Commission  of  legislation,  which  is  being 
scrutinized. 

Judgment given on 20/06/96, Case  C-237/95 

Failure  to  notify  measures  transposing  the  Council  Directive  on  prevention  of  atmospheric 
pollution from  existing municipal waste incinerators 

The Commission  has contacted  the Italian  authorities to  ascertain  what  measures  are  planned 
to comply with the Court's judgment. 

Judgment given on  11/07/96, Case  C-303/95 

Failure  to  notify  measures  transposing  the  Council  Directive  on  batteries  and  accumulators 
containing dangerous  substances 

The  Commission  has contacted  the Italian  authorities  to  ascertain  what  measures  are  planned 
to comply with the Court's judgment. 

Judgment given on  17/09/96, Case  C-289/94 

Technical standards - Decrees Nos 256 and 257 of  1990 establishing health policy measures in 
respect  of  shellfish  and  Decree  of  1991  on  pharmaceutical  specialities  derived  from  bovine 
tissues and organs 

The  Commission  has contacted  the  Italian  authorities  to  ascertain  what  measures  are  planned 
to comply with the Court's judgment. 

455 

Judgment given on 26/09/96, Case C-l 17/95 

Failure  to  notify  measures  transposing  the  Council  Directive  laving  down  Community 
measures to combat avian  influenza 

The  Italian  authorities  notified  the  Commission  of  legislative  measures  in  November  1996. 
Their enactment is awaited. 

Judgment  given on 07/11/96, Case C-315/95 

Failure to  notify  measures transposing  the Council Directives  on conditions  to  be  satisfied  by 
propagation  material  for  ornamental,  fruit  and  vegetable  plants:  failure  to  notify  measures 
transposing  the  Council  Directives  on  potato  ring-rot  and  health  policy  measures  in  intra-
Community trade and imports of embryos of domestic bovine animals 

Recent judgment 

456 

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. An Article  171 reasoned  opinion has 
been sent. 

Judgment given  on  15/06/95, Case  C-220/94 

Open network provision - leased lines 

Article  171 proceedings have been  commenced. 

Judgment  given on 26/10/95, Case C-151/94 

Income Tax Act - taxation of non-residents 

Progress. 

Judgment given on 02/07/96, Case C-312/95 

Failure  to  notify  measures  transposing  the  Council  Directives  on  confined  use  and  voluntary 
release of genetically modified  organisms 

Recent judgment. 

Judgment  given  on 07/11/96, Case C-221/94 

Telecommunications  terminal  equipment:  failure  to  notify  measures  transposing  the  Council 
Directive 

Recent judgment. 

457 

Judgment given on  14/07/94, Case C-61/93 

Electronic kw/h meters 

Article  171 proceedings have been commenced. 

Judgment given on  11/01/96, Case  C-273/94 

Technical standards and rules: failure to notify Decree on margarines of  19/09/90 

The Dutch authorities have notified  the  Commission  of a draft,  to  which  it  has no  objections; 
adoption is awaited. 

458 

Judgment given on  18/02/92, Case  C-30/90 

Patent licences 

The  difficulty  has  been  solved  in  practice,  but  the  Commission  is  awaiting  enactment  of  the 
legislation. 

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. Data relating to the last bathing season are awaited. 

Judgment given on 08/06/94, Case  C-383/92 

Collective redundancies 

Article  171 proceedings are in motion. 

Judgment given  on 08/06/94, Case  C-382/92 

Transfers  of undertakings. 

Article  171 proceedings are in motion. 

Judgment given on  10/09/96, Case  C-222/94 

Television without  frontiers 

Recent judgment. 

459 

ANNEX VI 

APPLICATION OF COMMUNITY LAW 

BY NATIONAL COURTS 

460 

APPLICATION OF COMMUNITY LAW 
BY NATIONAL COURTS 

1. 

Application of Article 177 of the EC Treaty 

In  1996 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. 

When references are recorded at the Court of Justice Registry, they are published in 
full  in the Official  Journal of the European  Communities.  The table below  shows 
the number of references from each Member State over the last seven years.1 

Number of references  per Member  State 

(Year) 

90 

91 

92 

93 

94 

95 

96 

Member State2 

Italy 

Ireland 

Netherlands 

Luxembourg 

25 

18 

22 

24 

46 

58 

70 

4 

9 

4 

1 

17 

18 

43 

13 

19 

10 

2 

United Kingdom 

12 

13 

15 

12 

24 

20 

21 

Austria 

Germany 

Finland 

Portugal 

France 

Sweden 

34 

50 

62 

57 

44 

51 

66 

2 

3 

21 

24 

15 

22 

36 

43 

24 

The 1995 Report was published in OJ No C 303 of 14 October 1996. 
The countries are listed in the order shown in the third indent of Article 1(1) of the Council 
Decision of 1  January  1995 (OJ LI,  1.1.1995, p.220). 

461 

Belgium 

17 

17 

\6 

22 

19 

14 

30 

Spain 

Denmark 

Greece 

6 

5 

2 

4 

2 

2 

5 

3 

1 

7 

7 

5 

13 

10 

4 

- 

8 

10 

6 

4 

4 

Total 

142 

186 

162 

204 

203 

251 

256 

Although the number  of cases varies considerably from year to  year, the trend  is upward 
and  1996, with 256 such cases, was the busiest year of preliminary ruling activity in recent 
times. 

As in previous years,  cases  were referred  by courts in almost  all Member States,  Ireland 
being the sole exception.  The number of rulings sought by German courts was again high, 
whilst the number of references from Italian courts continues to  rise. 

In  1996,  preliminary  rulings  again  accounted  for  about  60%  of  the  total  of  420 cases 
brought before the Court (61 cases being removed from the Register). 

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. 

Number of references per Member State in 1996 

Italy 
Ireland 
Netherlands 
Luxembourg 
United Kingdom 
Austria 
Germany 
Finland 
Portugal 
France 
Sweden 
Belgium 
Spain 
Denmark 
Greece 

13 
(-) 
5 
(-) 
3 
2 
20 
1 
6 
1 
(-) 
12 
6 
1 
1 

462 

Origin of references bv Supreme Courts 

Italy 

Netherlands 

United Kingdom 
Austria 
Germany 

Finland 
Portugal 
France 
Belgium 

Spain 
Denmark 
Greece 

Corte Suprema di Cassazione 
Consiglio di Stato 
Raad van State 
Hoge Raad 
House of Lords 
Oberster Gerichtshof 
Bundesgerichtshof 
Bundesverwaltungsgericht 
Bundesfinanzhof 
Bundessozialgericht 
Korkein hallinto-oikeus 
Supremo Tribunal Amministrativo 
Cour de Cassation 
Cour de Cassation/Hof van Cassatie 
Conseil d'Etat/Raad van State 
Tribunal Superior de Justicia 
H0j'esteret 
Areios Pagos 

1 
12 
4 
1 
3 
2 
2 
5 
9 
4 
1 
6 
1 
8 
4 
6 
1 
1 

2. 

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  1  200 judgments  relating  to  Community  law  come  to  the 
attention of the Research and Documentation Department. 

463 

2.2. 

The research 

Research  was  carried  out  on  the  following  questions  in  relation  to 
decisions given or reported for the first time in 1996: 

1. 

2. 

3. 

4. 

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? 

Were  there  cases  where  courts,  contrary  to. the  rule  in 
Case 314/85 Foto-Frost,3  declared  an  act  of  a  Community 
institution to be invalid? 

Cases 143/88 

To what extent did national courts, applying the principles in 
Joined 
Zuckerfabrik 
and 
Suderdithmarschen*  stay  the  implementation  of  a  national 
administrative  measure  taken  on the basis  of  a  Community 
regulation or decision? 

92/89 

Were  there  any  decisions  that  were  noteworthy  as  setting 
good or bad examples? 

Were  there  any  decisions  that  applied  the  rulings  given  in 
Francovich5  or 
and 
Factortame III?6 

in  Brasserie  de  Pêcheur 

[1987] ECR 4199. 
[1991] ECR 1-534. 
Joined Cases C-6/90 and C-9/90, [1996] ECR 1-5357. 
Joined Cases C-46/93 and C-48/93, [1996] ECR 1-1029. 

464 

1. 

Question 1 

On 28 October  1996 the Dutch Raad van  State, without  reference  to the Court  of Justice, 
held7 that  Directive 92/50/EEC  on  public  service  contracts8 was  not  applicable  to  a joint 
arrangement  between  two  local  authorities whereby the  one entrusted  the  other with  the 
collection of its domestic waste.  It took the view that such organization of a public service 
had to be distinguished from a  situation  where  collection  was  entrusted  to  a private firm 
and concluded that the arrangement did not constitute a public contract.  According to the 
Raad  van  State,  it  was  irrelevant  that  the  arrangement  consisted  in  a  cooperation 
agreement, that the local authorities did not set up a public body and that remuneration was 
received for the services provided. 

In  a similar case where two  local  authorities  had  decided  to  make their  waste  collection 
services into an independent  body  serving them both,  the  Gerechtshof  Arnhem  requested 
the Court of Justice for a preliminary ruling on the applicability of the same Directive.9 

On 25 July  1996 the Raad van State decided in two other cases10  that there was no need to 
ask  the  Court  of  Justice  for  a  preliminary  ruling  on  provincial  legislation  prohibiting  the 
disposal  of  waste  outside  the  province  which  had  prompted  decisions  withholding 
authorization  for  the  transportation  of waste from one  province  to  another.  The  Dutch 
court  held  that  even  if  these  specific  cases  related  only  to  movements  within  the 
Netherlands,  the  rules  in  question  constituted  a  measure  having  equivalent  effect  to  a 
quantitative  restriction  on  exports  and  was thus  contrary  to  Article 34  of  the  EC  Treaty 
since it also applied to the exportation of waste to other Member States.  According to the 
Raad  van  State,  the  legislation  treated  trade  within  the  Netherlands  differently  from  the 
export trade and could not therefore be justified  under Article 36 of the EC Treaty either. 

In another case relating to the transportation of waste the Raad van State did, however, ask 
the Court of Justice for a preliminary ruling on whether a prohibition on the exportation of 
waste  was  compatible  with  Article 34  of  the  EC  Treaty."  But  this  case  related  to  the 
exportation of waste to another Member State. 

l'an  Gansewinkel  v  Gemeente 

Raad  van  State,  Administrative  Disputes  Division, 
VoerendaaKAB\991,ll. 
Council  Directive  92/50/EEC  of  18 June  1992  relating  to the  coordination  of procedures  for 
the award of public service contracts, OJ No L 209, 24.7.1992. p. 1. 
Gerechtshof Arnhem, decision of 29 October  1996, Gemeenten Arnhem  en Rheden  v BFI 
Hoolding, Case C-360/96.  pending. 
Raad  van  State,  Administrative  Division,  lleijmans  Milieutechniek  v  Gedeputeerde  Staten 
van  Noord-Brahant.  AB  1996, 425  and  Heidemij  Realisatie  v  Gedeputeerde  Staten  van 
Noord-Brabant,  Jurisprudcntic Bcstuursrecht  1996, 189. 
Raad van  State. Administrative  Division.  23 April  1996, Chemische Afialstoffen  Dus.se/dorp 
and  Others  v  Minister  van  Volkshuis\'esting,  Ruimtelijke  Ordening  en  hfilieubeheer. 
Case C-203/96, pending. 

465 

Again  on  the  subject  of waste  disposal,  the French  Conseil  d'Etat  gave  a  ruling12  on  the 
compatibility of Decree No 92-798 of  18 August  1992 amending the arrangements  for the 
importation  of  waste  into  France  with  Article 30  of  the  EC  Treaty  and  the  Community 
Directive applicable  at that  time to the transfrontier  movement  of hazardous  waste.13 The 
effect  of the Decree had been to prevent the plaintiff from importing ''harmful''  waste  from 
Germany.  The Conseil d'Etat  held that the legislation in question was compatible with the 
aims  and  provisions  of  Community  law,  declining  to  refer  the  question  to  the  Court  of 
Justice for a preliminary ruling and thus taking the same view as the French  Government's 
representative, who had expressed reservations as to whether such reference was necessary. 

In a judgment given on 29 June 199514 Germany's Bundessozialgericht  held that it was not 
obliged  to  refer  questions  to  the  Court  of Justice  before  rejecting  an  application  for  the 
payment  of German unemployment  benefit  to  a woman who, following  her marriage to a 
Community official,  had left  her job in Germany to live in Luxembourg and registered with 
the employment authorities in Trier (Germany) rather than in Luxembourg on the grounds 
that  she was unlikely (for reasons relating to language requirements and the recognition of 
diplomas) to find a job in Luxembourg comparable to that which she had held previously. 

The Bundessozialgericht,  basing its decision  on the case-law of the Court  of Justice,15 held 
that the applicant, who had resided throughout the duration of her most recent employment 
in the Member State where she was employed, did not meet the conditions of eligibility for 
benefit  under Article 71 of Regulation No  1408/71, which applied  solely if the worker had 
travelled  to  another  Member  State  in the  course  of his  or  her  most  recent  employment. 
Whilst acknowledging that the provisions of Regulation No  1408/71 on the coordination of 
social  security  schemes  left  a  "legal  vacuum"  where  the  situation  of  the  applicant  was 
concerned,  the  Bundessozialgericht  took  the  view  that  this  was  not  an  unintentional 
vacuum which could be filled by case-law.  In its opinion the judgments given by the Court 
of  Justice  had  already  defined  the  scope  of  the  provisions  of  Regulation  No  1408/71  in 
similar situations, so that there was no need to refer the question for a preliminary ruling. 

Conseil  d'Etat,  judgment  given  on  15.4.1996.  Vreymuth  and  Others.  Actualité  Juridique 
Droit Administratif  1996. 442, cone. D. Piveteau. Europe  1996 Act. No 293. p. 15. 
Council  Directive  75/442/EEC  of  15 July  1975 on waste (OJ No L  194, 25.7.19975. p. 39), as 
amended  by  Directive  91/156/EEC  of  18  March  1991  (OJ  No L  78.  26.3.1991.  p.  32): 
Council Directive  84/631/EEC of 6 December  1984 on the  supervision  and  control  within  the 
European  Community  of  the  transfrontier  shipment  of  hazardous  waste  (OJ  No L  326, 
13.12.1984.  p.31).  as  amended  by  Directive  86/279/EEC  of  12  June  1986  (OJ  No L  181. 
4.7.1986. p.13). 
Bundessozialgericht. 
9/95;  Die 
en 
Sozialgerichtsbarkeit  1996  pp.  397-400.  Neue  Zeitschrift  fiir  Sozialrecht  1996  pp.  84-87, 
Sammlung  von  Entscheidungen  aus  dem  Sozialrecht  1996  pp.  253-259.  Zeitschrift  fur 
Auslanderrecht  und  Auslanderpolitik  1996 p. 94 (summary). 
Judgment  of  11 October  1984  in  Case  C-128/83  Guyot.  [1984]  ECR  3507;  judgment  of 
12 June  1986  in  Case  C-l/85 Miethe.  [1<>86[  ECR  1837; judgment  of  22 September  1988  m 
Case C-236/87  Bergmann.  j 1988| ECR  5125. 

29 June  1995. 

11  RAr 

judgment 

given 

466 

On 21 March  1996 Germany's Bundesfinanzhof  gave its ruling16 on an application  lodged 
by a slot-machine  operator,  following  the Court  of Justice's judgment  in Glawe,17  seeking 
an adjustment  to  his final tax  assessment  in line with the interpretation  given to the  Sixth 
VAT Directive as regards the basis of assessment  in the case of gaming machines  offering 
the  possibility  of winning  money.  The applicant  invoked  the  Court  of Justice's  ruling in 
Emmott,18  claiming that  the  deadline  for  appeals  against  the tax  assessment  could  not  be 
applied in his case. 

The Bundesfinanzhof  took  the view that  the ruling given  in Emmott applied  only in cases 
where  a  directive  had  been  incorrectly  transposed. 
If  the  directive  as  such  had  been 
correctly transposed, on the other hand, but the national rules had been wrongly interpreted 
by  the  courts  or  incorrectly  implemented  by  the  government,  national  procedural  rules 
would  remain  applicable.  To  support  this view it  drew attention  to the Court  of Justice's 
judgment of 6 July 1995 in BP Soupergaz.10  According to the Bundesfinanzhof the case did 
not  have to be referred  to the Court  of Justice because the conditions  in which  the ruling 
given in Emmott would apply had been clearly stated. 

On 2 April  1996 the Bundesfinanzhof  rejected21 an appeal lodged against the Finanzgerichr 
Rheinland-Pfalz's  decision  of  7 November  1994,  in  which  the  latter  court  had  held  that, 
where the Bundesfinanzhof  had annulled one of its decisions and referred  the case back, it 
could  not  ask  for  any  further  preliminary  rulings  on  the  points  of  law  clarified  by  the 
Bundesfinanzhof,  whose opinions were binding.21  The appeal was rejected  on the grounds 
that it was not for the Bundesfinanzhof to supervise the lower court's exercise of its powers 
to  refer  questions  for  a preliminary ruling or to examine the reasons for  the lower  court's 
decision  to  refer  or  not  to  refer.  This  being  the  case,  it  was  irrelevant  whether  the 
Finanzgericht  had  been  wrong 
in  its  assessment  of  the  binding  effect  of  the 
Bundesfinanzhof  s opinions.  In this connection the Bundesfinanzhof  drew attention to the 
Court of Justice's judgment in Peterbrœck, n  which, it suggested,  might indicate a change 
in the Court's views and  a possible switch from the position  adopted  in the Rheinmuhlen 
cases. 

Bundesfinanzhof, 
judgment  given  on  21.03.1996,  XI  R  36/95;  Sammlung  der 
Entscheidungen  des  Bundesfinanzhofs  Bd.179  pp.  563-568.  Betriebs-Berater  1996 
pp.  1370-1372,  Bundessteuerblatt  1996  II  pp.  399-402,  Der  Betrieb  1996  pp.  1452-1453. 
Europaische Zeitschrift  fur  Wirtschaftsrecht  1996  pp. 479-480.  Europaisches  Wirtschafts-  & 
internationalen  Wirtschaft  1996 
-  EWS  1996  pp.  259-260.  Rccht  der 
Steuerrecht 
pp.  878-879, Umsatzsteuer-Rundschau  1996 pp. 392-394. 
Court judgment  of 5 May  1994  in Case C-38/93,  [1994 J  ECR 1-1679. 
Court judgment  of  15 July  1991 in Case C-208/90,  [1991] ECR 1-4269. 
Court judgment  of 6 July  1995 in  Case C-62/93. [1995] ECR 1-1883. 
Bundesfinanzhof, 
judgment  given  on  2 April  1996.  VII  R  119/94.  Sammlung  der 
Entscheidungen  des  Bundesfinanzhofs  Bd.180  pp.  231-238.  Betriebs-Berater  1996 
pp.  1974-1976,  Europaische  Zeitschrift  fur  Wirtschaftsrecht  1996  pp.  668-67.  Europaisches 
Wirtschafts-  &  Steuerrecht  -  EWS  1996  pp. 327-330,  Internationales  Steuerrecht  1996 
p.  482,  Recht  der  internationalen  Wirtschaft  1996  pp. 793-795,  Umsatzsteuer-Rundschau 
1996  pp.  338-341,  Zeitschrift  fïir  Zôlle  und  Verbrauchsteuern  1996  pp. 378-380;  annotated 
by  Schauhoff.  Stephan:  Internationales  Steuerrecht  1996  pp.  494-498,  Reiche.  Klaus; 
Europaische Zeitschrift  fur  Wirtschaftsrecht  1996 pp. 671-672. 
This decision was contrary  to the judgments  given by the Court of Justice  in the  Rheinmuhlen 
cases: 
judgment  of  16  January  1974  in  Case C-166/73,  [1974|  ECR  33:  judgment  of 
12 February  1974 in Case C-146/73,  [1074] ECR  139. 
Court  judgment  of  14 December  1995. in Case C-312/93,  [1995] ECR 1-4599. 

467 

On  15 December  1995  the  Italian  Constitutional  Court  issued  an  Order23  in  which  it 
declared that it had no jurisdiction to interpret a provision of Community law of which the 
meaning was unclear and that it was not a national court within the meaning of Article 177 
of the Treaty,  thus  excluding the possibility  of it  referring  any  constitutional  issue to  the 
Court of Justice for a preliminary ruling.  It therefore  referred  the case in question back to 
the lower court so that the latter could itself put its questions to the Court of Justice.  This 
would  seem to  go  against  obiter dicta in an earlier  decision24  in which the  Constitutional 
Court  seemed  to  be  entertaining  the  possibility  of  referring  questions  of  a  constitutional 
nature to the Court of Justice for a preliminary ruling. 

In  Sweden the  Supreme  Court  (Hôgsta Domstolen)  had  referred  for  a preliminary  ruling 
the question whether the Treaty of Rome, and in particular the first paragraph of Article 6, 
precludes a Member State from requiring plaintiffs from another Member State (but not its 
own nationals) to lodge security for the costs of legal proceedings.  In this particular case 
an action for the payment of goods had been brought by a UK company against  Swedish 
nationals,  who  had  requested  that  the  plaintiff  lodge  such  security  as  provided  for  by 
Act 1980:307.  The courts having substantive jurisdiction had refused  to grant this request 
on the grounds that the Act was in this respect contrary to the Lugano Convention, which 
was applicable in both countries.  In a preliminary ruling the Court  of Justice had held that 
any  such  national  procedural  rule  constituted  direct  discrimination  on  grounds  of 
nationality.25 

Following the Court  of Justice's ruling, the Swedish  Supreme Court  nevertheless  decided 
on  30 November  199626  that  the  UK  plaintiff  should  lodge  a  security  for  the  cost  of 
proceedings  because,  in  the  first  place,  even  if  a  preliminary  ruling  was  binding  on  the 
national  court  which  requested  it,  it  was  for  the  latter  court  to  decide  whether  the 
circumstances of the particular case fell witliin the scope of a given Community provision 
and, in the second place, the action in question was for payment for goods which had been 
delivered before  Sweden's accession to the European Union  and,  consequently, the Court 
of Justice's ruling did not apply. 

Corte Costituzionalc. Order No 536. 
Corte Costituzionalc. judgment  No  168 of  18 April  1991 
Court judgment  of 26 September  1996 in Case C-43/95. 
CaseÔ  1195/94. 

468 

2, 

Question 2 

The litigation in Germany  concerning the common organization  of the market  in bananas 
was described in last year's report but mention should be made of the decision adopted by 
the Bundesfinanzhof  on 9 January 199627 ajnfirming  the interim measures ordered  by the 
Finanzgericht Hamburg28 in response to an application for  the suspension of the duty on a 
certain quantity of bananas imported without a licence.  The Bundesfinanzhof took the view 
that interim measures were justified  in view of the doubts  surrounding  the applicability of 
Council  Regulation  No 404/93,  given  the  possible  incompatibility  of  the  latter  with  the 
GATT and in view of considerations relating to German constitutional law. 

3. 

Question  3 

In Austria the Verfassungsgerichtshof (Constitutional Court) had to consider an application 
for  a declaration  that  the  principle enshrined  in Article 83(2)  of the Federal Constitution, 
whereby  no-one  may  bè  removed  from  the  jurisdiction  of  his  lawful  judge,  had  been 
violated by the decision of the Tyrol Landesvergabeamt  (the authority dealing with appeals 
against  the  award  of  public  contracts)  to  reject  the  appeal  lodged  by  two  unsuccessful 
tenderers  on  the  grounds  that,  even  if  the  local  body  awarding  the  contract  had  fully 
complied  with the  relevant  Tyrolean  legislation,  the contract  in  question  would  not  have 
been awarded to the plaintiff. 

the  Verfassungsgerichtshof 

On  12  June  199629 
held  that  the  Landesvergabeamt's 
composition  was  not  in accordance  with the  law  and  thus  constituted  a  violation  of the 
principle  that  no-one  may  be  removed  from  his  lawful  judge.  The  Chairman  of  the 
Landesvergabeamt,  a body which is not a court as such, did not have "the same legal and 
professional  qualifications  as  members  of  the judiciary"  as  required  by  Article  2(8)  of 
Directive  89/665/EEC.30 
The  Verfassungsgerichtshof  held  that  this  provision  was 
unconditional  and  specific  and  that  it  conferred  on  individuals  the  right  to  have  the 
procedures  for  the  award  of  public  contracts  reviewed  by  a  body  of  a  particular 
composition.  It  concluded  that  given  its nature,  concision  and  content,  the  provision  in 
question, which ought to have been already transposed into Tyrolean law, had direct  effect. 

VII B 225/95,  Sammlung  der  Entscheidungen  des  Bundesfinanzhofs  Bd.179  pp. 502-508; 
Europaische Zeitschrift  fur  Wirtschaftsrecht  1996 pp.  126-128; Europaisches Wirtschafts- & 
Steuerrecht  -  EWS 1996  pp.  49-51;  Internationales  Steuerrecht  1996  p.  78-79; 
Juristenzeitung  1996 p. 37; Neue juristische  Wochenschrift  1996 pp.  1367-1368; Recht der 
internationalen  Wirtschaft  1996  pp.  169-170;  Zeitschrift  fur  Wirtschaftsrecht  1996 
pp. 343-346; Zeitschrift  fur Zôlle und Verbrauchsteuern  1996 pp. 88-90; International Trade 
Law & Regulation  1996 p. S15. 
Voss, Reimer: Recht der internationalen  Wirtschaft  1996 p. 324-326; Priess, Hans-Joachim: 
International  Trade  Law & Regulation  1996  p.  S16;  Reich,  Norbert:  European  Journal of 
International Law 1996 pp. 103-111. 
Finanzgericht  Hamburg,  decision  of  22 September 1995,  IV  223/95;  Entscheidungen  der 
Finanzgerichte  1996 pp.  104-106; Rabe, Hans-Jiirgen: Neue juristische  Wochenschrift  1996 
pp.  1320-1324; Reich, Norbert : European Journal of International Law 1996 pp. 103-111. 
Case B 2477/95-14. 
Council  Directive  89/665/EEC  of  21  December  1989  on  the  coordination  of  the  laws, 
regulations and administrative provisions relating to the application  of review procedures to 
the award of public supply and public works contracts:  OJ L 395, 30.12.1989, p.  33. 

469 

Austria's  Verwaltungsgerichtshof  (Administrative  Court)  gave  judgment  in  two  cases 
relating to the right of residence of Turkish nationals. 

On 22 February  199631 it ruled that Turkish workers were not  subject to the provisions of 
the Aufenthaltsgesetz (Aliens' Right of Residence Act), provided they met the requirements 
of Articles 6 and 7 of Decision  1/80 of the EEC-Turkey Association Council. 

On 25 June 199632  the same court found that Austria had committed itself, under Articles 2 
and  5(2)  of  the  Accession  Treaty  and  Article 77  of  the  Act  of  Accession,  to  apply  the 
provisions of the EEC-Turkey  Association Agreement  and,  consequently, the decisions of 
the  Association  Council,  which  the  Court  of  Justice  had  held  to  have  direct  effect. 
Overruling  the  lower  courts,  the  Verwaltungsgerichtshof  therefore  found  that  in  certain 
circumstances the said provisions gave Turkish workers and members of their families not 
only the right of residence but also the right to free access to any gainful  occupation of their 
choice.  The  certificate  required  by the  Aliens Employment  Act  (the  "Befreiungsschein") 
was  therefore  held  to  be  incompatible  with  the  Association  Agreement.  The  court  also 
made it clear that Turkish nationals were entitled to official  confirmation  of their rights by a 
decision  of the  competent  administrative  authority.  The  Verwaltungsgerichtshof  decided 
that  in this particular case the need for  correct  application  of the Community  rules was so 
obvious that  there was no room  for  any  reasonable  doubt  and,  consequently,  no  need  to 
refer the matter to the Court of Justice. 

In  two  judgments  given  on  5 November  199633  Belgium's  Conseil  dEtat  ruled  on  the 
primacy of Article 48 of the Treaty of Rome over the Belgian Constitution.  Applications 
had been lodged  for  the annulment  of a Royal Decree concerning the status of central and 
regional government  staff.34  The applicants contended  that the provision whereby certain 
posts in the public service were accessible to citizens of the European Union3' was contrary 
to  Article  10  of  the  Constitution,  whereby  only  Belgians  may  be  appointed  to  posts  in 
government service, except as otherwise provided by the law in individual cases. 

Basing  itself  on  national  case-law  and  on  the  past  rulings  of  the  Court  of  Justice,  the 
Conseil  d'Etat  first  of  all  pointed  out  that  international  law,  and  Community  law  in 
particular, had primacy over domestic legislation, including constitutional law. 

The  Conseil  dEtat  held  that  the  application  of the  Treaty  of Rome  in  its  entirety  and  as 
interpreted  by the  Court  of  Justice  was  a  consequence  of  Belgium's  membership  of the 
European  Union and,  although  it could  still be set  aside if the Belgian authorities were to 

Case 95/19/0424 of 22 February  1996. 
Case 96/09/0088 of 25 June  1996. 
Judgments  of  the  Conseil  d'Etat  in  Cases  Nos 62.921  Goosse  v  Belgian  State  and  62.922 
Orfinger v Belgian  State. 
the 
Royal  Decree  of  26 September  1994 
administrative  status  and  remuneration  applicable  to  community  and  regional  government 
staff. 
Article  1(3)(1)(1) of the Royal Decree stipulates as follows: 
"No person  may  be  appointed  to  a  post  unless  he  fulfils  the  following  general  conditions  of 
admissibility:  he  must  be  of  Belgian  nationality  where  the  duties  to  be  performed  entail 
direct  or  indirect  participation  in  the  exercise  of  government  authority  or  in  activities 
designed  to  safeguard  the  general  interests  of  the  State,  Community  or  Region; 
in  other 
cases, he must of Belgian  nationality or a cititzen  of the European Union.*' 

laying  down  general  principles  governing 

470 

terminate such membership or to renegotiate the terms of membership.  As long as such a 
step had not been taken, however, the rule of law required that  Community  legislation be 
applied in its entirety.  Although it was preferable  that the Constitution  should be brought 
into line with European  law, the latter remained  applicable irrespective of whether this had 
been done or not.  The Conseil d'Etat  concluded that the Treaty of Rome and the Court of 
Justice's  interpretation  thereof  required  Belgium  to  make  accessible  to  EU  nationals  all 
posts in the public service other than those which involved participation  in the exercise of 
the government's  authority  or  in  activities  designed  to  safeguard  the  general  interests  of 
the State. 

On 31 December  1996  Finland's Korkein hallinto-oikeus (the  Supreme  Administrative 
Court),  without  referring  questions  to  the  Court  of  Justice  for  a  preliminary  ruling, 
gave judgment  in a case  (2617/6/1996)  relating  to  the  compatibility  of  Article 4(1)  of 
Council  Directive  77/388/EEC  of  17 May  1977  (the  Sixth  VAT  Directive:  OJ 
No L  145,  13.6.1977) and the corresponding Finnish Act (arvonlisâverolaki).  The case 
centred  round  the  acquisition  of  real  estate  and,  more  particularly,  the  time  as  from 
which the taxpayer was authorized  to deduct  VAT already paid from the tax  due.  The 
question  was  whether  deductions  could  be  charged  to  the  month  in  which  goods  or 
services were received  or paid for,  as claimed  by the applicant  company,  or  not  before 
the premises were made available to the tenants, as stipulated  by Finnish law. 

Referring  in  particular  to  Case 268/83  Rompelman  [1985]  ECR  655,  in  which  the 
Court  of Justice had ruled  that the economic activities referred  to in Article 4(1) of the 
Sixth Directive  may  consist  in  several  consecutive  transactions,  including  preparatory 
acts  such  as  the  acquisition  of  assets  and  therefore  the  purchase  of  immovable 
property,  the  Supreme  Administrative  Court  concluded that the Directive itself and the 
past rulings of the Court  of Justice required that  a property  owner's  liability to tax and 
any  appropriate  deductions  should  be  calculated  from  the  time  when  the  said  owner 
completes the preparatory transactions for taking over the property. 

The Finnish  authorities  were  obliged  to  abide by this  interpretation  irrespective  of the 
provisions of the Finnish Act. 

It should be noted that the  Supreme Administrative Court, while formulating  its judgment 
in terms of interpretation, confirmed that the provisions of the Directive had direct  effect. 

Giving a preliminary ruling on a question referred  by the Luxembourg  Conseil d'Etat,  the 
Court  of  Justice  had  held  that  Articles  59  and  67  of  the  EC  Treaty  precluded  a 
Member State from making the  grant  of an  interest-rate  subsidy  subject  to  the  condition 
that  borrowers  take out  a house-purchase  loan with  a credit  institution  established  in that 
Member  State.36  Rejecting  the  argument  of  the  government  representative,  who  had 
contended  that  at the time of the  decision  in question  the plaintiffs  (being  Swedish)  were 
not yet nationals of the European  Union, the Conseil d'Etat  ruled on 29 March  199637 that 
since  Directive  88/3 61/EEC38  was  concerned  solely  with  the  criterion  of  residence, 
nationality was immaterial. 

Court judgment  of  14 November  1995 in Case C-484/93,  [1995] ECR 1-3955. 
Svensson  et Gustafsson v Ministère  du Logement  et de l'Urbanisme, judgment No 8853. 
Council  Directive  88/361/EEC  of  24  June  1988  for  the  implementation  of  Article 67  of  the 
Treaty:  OJNoL  178. 8.7.1988,  p. 5. 

471 

In France the Conseil dEtat  adopted  a decision on the effect  of Community  directives on 
the adoption of national regulatory measures.39  Decree No 89-496 of  12 July  1989 on the 
conditions  governing  reimbursement  for  medicines  had  earlier  been  scrutinized  by  the 
Section  Sociale  of  the  Conseil  d'Etat.  Before  this  Decree  was  signed  and  published, 
however,  Directive  89/105/EEC  concerning  the  fixing  of  prices  for  medicines40  was 
adopted  and  its  provisions  were  found  to  be  at  odds  with  those  of  the  draft  Decree  in 
certain respects.  It was therefore decided that the appearance of the Cornmunity Directive 
necessitated flesh scrutiny of the draft  Decree by the Conseil d'Etat.  This would enable the 
draft's  compatibility with the Directive to be verified  before the deadline for transposai had 
expired. 

Still in France, the Cour de Cassation annulled an order for interim measures issued by the 
First President  of the Poitiers Court  of Appeal, on the grounds that the reasons given  for 
the  order  were  incompatible  with  Article  177  of  the  EC  Treaty  and  were  in  breach  of 
Article 38 of the New Code of Civil Procedure.4' In the case concerned the First President 
had authorized an appeal against a judgment granting a stay of proceedings and a reference 
to  the  Court  of  Justice,  giving  as his  reason  the  dilatory  effect  of  the  preliminary  ruling 
procedure. 

Mention  should  also  be  made  of  a judgment  given  on  20 March  199642  in which  Italy's 
Corte  di  Cassazione  rejected  the  appeal  against  a  decision  by  a  giudice  conciliatore in 
Rome who, in a case relating  to  the validity of a home sales contract,  had  invoked  as an 
equitable rule Directive 85/577/EEC which, at the time, had  not yet been transposed  into 
Italian  law.  The  Corte  di  Cassazione  held  that  a  Community  directive,  even  if not  yet 
transposed, was still an integral  part  of the national legal system with  effect from the date 
on  wliich  it  should  have  been  transposed  and  that  although  the  provisions  of  such  a 
Directive could not be applied  as rules of law in litigation between  individuals, they could 
nevertheless  constitute  the  legal  framework  for  a judgment  based  on  the  principles  of 
equity. 

In. Denmark the ffejesteret  (Supreme Court) gave a judgment  on  12 August  199643 on the 
admissibility  of  individual  applications  for  the  annulment  of  Acts  of  Parliament.  Eleven 
Danish  citizens,  supported  by  777 interveners,  had  brought  an  action  against  the  Danish 
Prime Minister in connection with the ratification  of the Maastricht  Treaty.  The applicants 
contested  the  compatibility  of  Danish  ratification  with  Article 20(1)  of  the  Constitution, 
which provides that the powers invested in the Danish Government by the Constitution may 
be delegated by Act of Parliament, and, to an extent to he determined,  to other authorities 
under  a reciprocal  agreement  with  other  States to  promote  international  cooperation  and 

Conseil  d'Etat.  Ass., judgment  of  15 April  1996,  Union nationale  des pharmacies  et  autres, 
RFDA  1996. 610, Europe  1996, Act. No 346, p. 11. 
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  hcatlh insurance  systems: OJ No L 40,  11.2.1989, p. 8. 
Cour  de  cassation  (Commercial  Division),  judgment  of  21  May  1996,  Garage  Trabisco  el 
autres.  Bulletin  des  arrêts  de  la  Cour  de  cassation  -  Chambres  civiles  1996  IV  No  14i, 
Europe  1996 Act. No 287. p. 7. 
Corte di  Cassazione. Sc?ionc  1  civile, judgment  No 2369. 
Ugesknit  for  Rctsv&scn,  1996. p.  1302. 

472 

the  international  rule  of  law.  The  question  was  whether  the  words  "to  an  extent  to  be 
determined" were an impediment to the delegation of powers which would result from the 
Maastricht Treaty 

Taking  the  view  that  the  applicants  had  not  demonstrated  a  legal  interest  in  bringing 
proceedings, the 0stre landsret, the court of first  instance, had held  on 30 June  1994 that 
the action was inadmissible in terms of the case-law of the  Hojesteret.44 

On  appeal  the  Hojesteret  held  that,  in  an  assessment  of  the  application's  admissibility, 
account had to be taken of the fact that accession to the Treaty on European Union entailed 
a transfer of powers to the Union in certain important areas.  Taking the view that this was 
therefore a matter of concern to all citizens, it declared that the applicants did not  need to 
demonstrate that they were directly and individually  affected  by the Act of Accession  and 
declared the action admissible^45 

On  25  January  1996*5  Germany's  Bundesverwaltungsgericht  acknowledged 
that 
Directive 85/337/EEC on the assessment of the effects  of certain public or private  projects 
on  the  environment  would  have  direct  effect  in  any  instance  where  the  applicability  of 
national implementing provisions had been ruled ouï.  Unlike the lower court, however, the 
Bundesverwaltungsgericht  held that  although the failure to  produce  an  officictl  assessment 
of the impact  of a planned motorway was a breach of procedural rules, it did not  in itself 
justify  the  annulment  of  the  planning  decisions  since the  assessment  of  the  motorway's 
environmental impact had been substantially correct. 

On 25 October  199647 the Dutch Hoge Raad  held, in a case relating  to the distribution  of 
sound recordings, that under Dutch law the manufacturer enjoyed no further rights once the 
recording  had  been  placed  on  the  market  by the rightholder or  with  his  consent  (in  this 
particular case, in the United  States), even if Directive 92/100/EEC4* provides that the said 
rights  are exhausted only when the product is marketed in the EC.  At the material time the 
Directive had not yet been transposed into Dutch law but the deadline for its transposai had 
expired.  The Hoge  Raad  found  that  even  if in  such  circumstances  national  courts  were 
obliged to interpret national law in line with the Directive, this obligation did not apply if it 
was  clear  that  the  wording  and  spirit  of  the  national  provisions  precluded  such  an 
interpretation..  It held, moreover,  that to place on national law an interpretation on which 
individuals could not rely constituted a breach of the principle of legal certainty.  Lastly, the 

-16 

See  judgment  of  28  June  1973  in  which  the  Hejcsteret  deemed  inadmissible  an  action 
concerning  Denmark's  membership  of the European  Communities,  Ugeskrift  for  Rctsvœscn. 
1973, p. 694. 
It  should  be  pointed  out  that  the  Hojcstcrcfs  decision  related  solely  to  the  application's 
admissibility  and  that the court  did not  rale  on the question  of whether  the ratification  of the 
Maastricht  Treaty  was  constitutionally  acceptable  under  Danish  law.  This  question  was 
referred  back to the 0stre  landsret, which has not yet given its judgment. 
Bundesvenvalrungsgericht.  judgment  of  25 January  1996,  4  C  5.95.  Entscheidungen  ries 
Bundesverwaltungsgericht s  Bd.  100  pp.  238-256,  Agrarrccht  1996  p.  270-271,  Deutschcs 
Verwaltungsblatt  1996  pp.  677-682.  Neue  Zeitschrift 
fur  Verwaltungsrecht  1996 
pp. 788-793. 
Pink Floyd Music  Limited  and  Others v Rigu Sound BV and Others. RvdW  1996. 206. 
Council Directive  92/100/EEC of  19 November  1992 on rental  right  and  lending  right  and on 
certain  rights  relating  to  copyright  in  the  field  of  intellectual  property.  0.1  No  L 346, 
27.11.1992. p.61. 

Hoge  Raad  held  that  to  interpret  the  national  law  in the  light  of the  Directive  would  be 
tantamount  to placing obligations indirectly on individuals and that this would  be contrary 
to the principle that directives should not be prejudicial to the rights of individuals. 

In France the Conseil d'Etat refused  to consider arguments based on Community law under 
the heading of public policy.49 This refusal  should  be seen in the light of recent judgments 
given by the Court of Justice.  x 

Italy's abolition of the registration charge for limited companies, which the Court of Justice 
had  deemed  incompatible  with  Directive 335/69/EEC  in  Ponente  Cami,51  led  to 
wide-ranging  litigation  concerning  the reimbursement  of  the  sums  needlessly  paid  by the 
companies  concerned. 
In  this  context  the  Corte  di  Cassazione  had  to  consider  an 
application lodged by the tax authorities against a decision given by a court of first instance 
in Genoa and confirmed  on appeal.  Under this decision the said authorities were required 
to refund the sums paid by the applicant company. 

On  12 April  1996  -2 the  Corte  di  Cassazione  confirmed  that  the  charge  in question  was 
incompatible  with  Directive  3 3 5/69/EEC  but  ruled  that  applications  for  reimbursement 
were  subject  to  the  three-year  time  limit  laid  down  by  a  1972  Act  which  applied  to  all 
claims  for  the  reimbursement  of  charges  unduly  collected  by  the  tax  authorities.  In  this 
connection the Corte di Cassazione pointed out that disapplication of an Italian Act because 
it was incompatible with Community law did not mean that it had been repealed. 

It  should  be  mentioned  that  following  this judgment  a  large  number  of  questions  were 
referred to the Court of Justice for a preliminary ruling on the applicability of the three-year 
deadline and the retroactive effects  of the Ponente Cami ruling. 

On  18 December  199553 the Italian Constitutional  Court declared that it had no jurisdiction 
to examine a question of constitutional law raised by the Corte di Cassazione in connection 
with Council Regulation No  1408/71.  Giving the reasons for its decision the Constitutional 
Court,  stressed  that  under  Article 134 of the Italian Constitution  it could  rule  only on the 
constitutional  acceptability  of legislation  enacted  by the national  or  regional governments. 
It was therefore  incompetent  to  examine the  constitutionality  of a Community  regulation 
which was not part of the national legal system.  It reaffirmed  its earlier rulings to the  effect 
that  it  was  competent  solely to  examine  whether  the  legislation  implementing  the  Treaty 
was  in breach  of the  fundamental  principles  of the  national  constitution  or  at  odds  with 
inalienable human  rights;  it was not competent to consider whether a specific  provision of 
Community law was in accordance with the Constitution. 

Conseil  d'Etat,  judgment  of  28  February  1996  in  Mcgel  et  Petit.  Droit  fiscal  1996,  No 24. 
<  o-jiu.  752,  Europe  1996  Act.  No  158,  p.  19;  see  also  Conseil  d'Etat,  judgment  of 
11 January  1991 in SA Morgane.  Actualité Juridique Droit  Administratif  1991.  149. 
Court  judgments  of  14 December  1995  in  Case  C-312/93  Peterbroeck  (fl995j  ECR  1-4599) 
and in Joined  Cases C-430/93  and C-431/93  Van Schijndel  ([1995] ECR  1-4705. 
Court judgment  of 20 April  1993 in Case C-71/91,  |1993|  ECR 1-1915. 
Corte di  Cassazione,  Se/ioni  Unite Civili. judgment  No 3458. 
Corte costituzionalc, judgment  No 509. 

474 

On 25 March  1996s  pain's Tribunal Constitucional gave its decision on an appeal against 
the judgment  given  by the  Galician  Tribunal  Superior  de Justicia  in  a case  relating  to  an 
invalidity  pension.  The  applicant,  basing  his  appeal  on  the  need  to  protect  fundamental 
rights  and liberties (recurso de amparo), contended that the Tribunal Superior had failed to 
take  account  of  documents  in  the  German  language  which  he  had  adduced  as  evidence 
without  providing  the  translation  required  by  national  procedural  law  or  requesting  the 
court for such a translation and that the Tribunal Superior had thus disregarded  his right to 
effective judicial  protection,  since  Articles  81  and  84 of Regulation  No  1408/71  stipulate 
that  the  courts  of  a  Member  State  cannot  reject  documents  submitted  to  them  on  the 
grounds that they are written in the official  language of another Member State. 

The Tribunal Constitucional held that the Tribunal Superior, by considering that it need not 
have the documents in question translated  but  that  it was for  the litigants to  request  such 
translation, had correctly interpreted the Community Regulation, which it found  compatible 
with the procedural  law.  It  added  that,  should  such  interpretation  give rise to  a  conflict 
between the procedural  law and the Community legislation, any litigation  arising from this 
would be " infraconstitucional"  and would  be a matter  for  the ordinary  courts  rather than 
the Tribunal Constitucional. 

One  of  the judges  on  the  Tribunal  Constitucional  dissented,  basing  his  opinion  on  the 
primacy of Community law, which he considered to preclude the interpretation given by the 
Tribunal  Superior  and  the  use  of  the  term  "infi-aconstitucionaF  to  describe  litigation 
concerning the compatibility of national law with Community law. 

4. 

Question 4 

In Regina v Secretary of State for  the Home Department,  ex parte John  Gallagher,^ the 
United Kingdom's Court of Appeal heard the application of an Irish national who had been 
deported under Article 7 of the Prevention of Terrorism (Temporary Provisions)  Act  1989 
on the  grounds  that  the  Minister  was  convinced  of  his  involvement  in  the  commission, 
preparation  or  encouragement  of  terrorist  activité  \  Following  his  deportation  the 
applicant  explained  to  the  Minister  in  writing  the  • asons  for  his  objections  and  was 
interviewed by a person designated by the Minister, wi;o then reviewed the case but did not 
alter  his  decision.  Asked  for  a  preliminary  ruling,  the  Court  of  Justice  held50  that 
Article 9(1) of Directive  64/221/EEC  on the coordination  of special  measures  concerning 
the movement  and  residence of foreign  nationals  which are justified  on  grounds  of public 
policy,  public  security  or  public  health  must  be interpreted  as  meaning  that,  except  in an 
emergency,  the  administrative  authorities  could  not take a decision  on  deportation  until a 
competent  body  had  been  consulted.  Following  this  ruling,  the  applicant  had  asked  the 
Court of Appeal's leave to add a claim for damages to his application for judicial review of 
the Minister's decision.  Refusing  to give leave, the Court of Appeal held that the  1989 Act 
did  not  fully  transpose  Directive  64/221/EEC  and  that  it  followed  from  the  judgment  in 
British Telecommunications'' that the conditions of liability set out in Brasserie du Pêcheur 
and Pactortame™ were applicable.  As regards the causal link, the Court of Appeal held that 

Judgment  No 45/1996. 
Court  of Appeal. Civil  Division, judgment  of  13 June  1996. 
Court judgment  of 30 November  1995 in Case  C-l 75/94.  |1995| ECR  1-4253. 
Court judgment  of 3 March  1996 in Case C-3 >2/93. 11996| ECR  1-163 1. 
Court  judumentof  5 March  1996 in Joined  Cases C-46/93  and  C-48/93.  [1996|  ECR  1-1029. 

the Minister had indeed reconsidered  his decision and there was no reason to believe that 
his  decision  would  have  been  different  if  the  correct  procedure  had  been  followed. 
Although  there  had  been  a breach  of  Community  law,  the  applicant  was  not  entitled  to 
receive damages for the loss of the opportunity to  obtain a favourable result since he had 
not established that the said breach was the probable cause of the deportation decision and 
that  otherwise  he would  not  have been deported.  The Court  of Appeal  also pointed out 
that the breach had not been sufficiently  serious: although the departure from the procedure 
laid down by the Directive might have been manifest, it could not be described as "serious" 
since the protection afforded  by the national procedure could be considered as effective.  It 
added that a distinction had to be made between Hedley Lomas*  where the infringement of 
the Treaty had been flagrant, and the present  case, in which the United Kingdom enjoyed 
certain  powers  of  discretion  and  in  which  its  choice,  even  if  wrongly  made,  was  not 
manifestly wrong in substance. 

On  19 January  199660 Italy's Corte di Cassazione ruled  on the  State's liability for damage 
resulting from  the non-transposal  or îate transposai of Community directives.  In the case 
concerned  the  Italian  Government,  had  been  late  in  adopting  Legislative  Decree 
No 80/199/2 and thus transposing into Italian law Directive 80/987/EEC on the protection 
of  employees  in the  event  of  the  insolvency  of  their  employer.  Article 2  of  the Decree 
having acknowledged  the right to  compensation  for losses arising from the non-transposal 
of the  Directive,  a number  of  employers  had  brought  an  action  for  damages  against  the 
Italian Government. 

Both  the  court  of  first  instance  and  the  court  of  appeal  had  found  in  favour  of  the 
employers,  taking  the  view  that  the  State  was  obliged  to  pay  compensation  under the 
general principles governing non-contractual liability. 

The  question  had  then  been  referred  to  the  Corte  di  Cassazione  (the  Supreme  Court  of 
Appeal),  where  the  lawyers  acting  for  the  Italian  Government  contended  that,  since the 
Decree in question had designated  a specific  public body, namely the Istituto Nazionale di 
Previdenza Sociale, as responsible for implementing the protection arrangements laid down 
by  the  Directive,  all  complaints,  including  those  relating  to  the  late  transposai  of  the 
Directive, should be addressed to that. body. 

Following  this  line  of  reasoning,  the  Corte  di  Cassazione  held  that  liability  for 
non-transposal  of directives could  not be compared  to  non-contractual  liability in general. 
It  also found  that  as a result  of the Court  of Justice's niling in Prancovich the liability of 
Member States vis-à-vis individuals for non-transposal of directives had to be established by 
the national courts in accordance with, the national rules on the liability of the State. 

Taking  the view that  there were  no provisions  of Italian  law whereby  the  State could be 
held  liable for  action  taken  in the  exercise of legislative  powers,  the  Corte  di  Cassazione 
annulled the decision of the Florence court  and referred  the case back to the court  of  first 
instance. 

59 
60 

Court judgment of 23 May  1996 in Case C-5/94,  [ i 996] ECR 1-2533. 
Corte  di  Cassazione.  Sezionc  Lavoro,  Présidente  del  Consiglio  dei  Ministri  v  IN PS, 
Castellani  e altri. judgment  No 401. 

476 

Following  the  Court  of Justice's  ruling  in  Case C-l78/84  concerning  the  German  purity 
requirements for beer,6l  a French company had claimed compensation for the losses wliich 
it  had  suffered  between 1981  and  1987  as  a  result  of  the  restrictions  which  the  said 
requirements  placed  on  the  importation  of  beer.  The  Court  of  Justice  liaving  given  a 
preliminary ruling on the conditions governing the liability of the State and the scope of the 
obligation  to  pay  compensation,"  Germany's  Bundesgerichtshof  dismissed  the  claim  for 
compensation on 24 October 1996 "3 

The  Bundesgerichtshof  drew  attention  to  the  distinction  made  by  the  Court  of  Justice 
between the breach of Community rules arising from the retention of the national provisions 
which prohibited  beers manufactured  in other Member States  and under  other  rules from 
being marketed as "Bier" and the breach arising from the retention of the provisions which 
prohibited  the importation  of beers containing  additives.  The German  court  held  that, in 
these particular  circumstances,  a direct  causal link  existed  only between  the  latter  breach 
and  the  losses  suffered  by  the  plaintiff.  Before  the  Court  of  Justice's  ruling  in 
Case C-l78/84,  however,  this  breach  of  the  Community  rules  had  not  been  sufficiently 
serious to warrant the payment of compensation.  As regards the losses suffered  since the 
Court's ruling, the Bundesgerichtshof took the view that these had also resulted from the 
infringement  of Community  rules prior to the  said ruling rather than by any failure  of the 
German  authorities  to  comply  with  the  Court's  decision,  so  that  the  conditions  for 
compensation were not met in this instance either. 

63 

Court judgment  of  13 March  1987  in  Case  C-178/84  Commission  v  Germany,  [1987]  ECR. 
1227. 
Court  judgment  of  5 March  1996  in  Joined  Cases C-46/93  Brasserie  du  Pêcheur  SA  v 
Germany  and  C-48/93  The  Queen  v  Secretary  of  State for  Transport,  ex  parte:  Factortame 
Ltd and  Others,  [ 1996] ECR  M029. 
Bundesgerichtshof,  judgment  of 24 October  1996, III ZR  127/91, Brasserie  du Pêcheur  SA v 
Bundesrepublik  Deutschland,  Neue juristische  Wochenschrift  1997 pp.  123-126,  Europaische 
fur  Wirtschaftsrecht  1996  pp.  761-764,  Wertpapier-Mitteilimgcn  1996 
Zeitschrift 
pp. 2203-2207,  Zeitschrift  fur  Wirtschaftsrecht  1996  pp.  2022-2026,  Der  Betrieb  1997 
pp. 396-400;  Deutsches  Venvaltungsblatt  1997  pp.  124-127,  Monatsschrift  fiir  deutsches 
Recht  1997 pp. 45-46,  Wettbewerb in Recht und Praxis  1997 pp.  27-31.  annotated  by Krohn, 
Gunter: Entscheidungen  zum Wirtschaftsrecht  1996 pp.  1î 23-1124. 

477 

ISSN 0254-1475 

COM(97) 299 final 

DOCUMENTS 

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06  16  01 

Catalogue  number  :  CB-CO-97-324-EN-C 

ISBN  92-78-21817-0 

Office  for  Official  Publications  of  the  Puropean  Communities 

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