Fifteenth annual report on monitoring the application of Community law (1997)
Date: 1998-05-19
Institutions: European Commission
Subjects: EU law, action programme, activity report, application of EU law, national implementing measure

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/1

I

(Communications)

COMMISSION

FIFTEENTH  ANNUAL  REPORT

on  monitoring  the  application  of  Community  law

-  1997  -

(98/C  250/01)

COM(1998)  317  final

(Submitted  by  the  Commission  on  27  May  1998)

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EN

Official  Journal  of  the  European  Communities

C  250/3

CONTENTS

INTRODUCTION(cid:217) .........................................................................................................................................

8

Page

AREA  WITHOUT  INTERNAL  FRONTIERS

1.(cid:217)Introduction(cid:217) ...............................................................................................................................................

2.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

2.1.(cid:217)Removal  of  physical  borders(cid:217) ...........................................................................................................

2.1.1.(cid:217)Customs(cid:217)...................................................................................................................................

12

14

14

14

2.1.1.1.(cid:218)Progress  in  implementing  customs  Directives(cid:217) ...................................................

14

2.1.2.(cid:217)Free  movement  of  agricultural  products(cid:217).............................................................................

2.2.(cid:217)Removal  of  technical  barriers(cid:217)..........................................................................................................

2.2.1.(cid:217)Free  movement  of  goods(cid:217) ......................................................................................................

2.2.1.1.(cid:218)Articles  30  et  seq.  of  the  EC  Treaty(cid:217) ....................................................................

2.2.1.2.(cid:218)Preventive  rules  provided  for  by  Directive  83/189/EEC(cid:217) ................................

2.2.2.(cid:217)Progress  in  implementing  Directives  on  the  free  movement  of  goods(cid:217) ...........................

2.2.2.1.(cid:218)Foodstuffs(cid:217)...............................................................................................................

2.2.2.2.(cid:218)Progress  in  implementing  Directives  applicable  to  foodstuffs(cid:217).........................

2.2.2.3.(cid:218)Pharmaceutical  products(cid:217) ......................................................................................

2.2.2.4.(cid:218)Progress 

to  pharmaceutical
products(cid:217) ..................................................................................................................

implementing  Directives 

applicable 

in 

2.2.2.5.(cid:218)Chemicals(cid:217) ...............................................................................................................

2.2.2.6.(cid:218)Progress  in  implementing  Directives  applicable  to  chemicals(cid:217) .........................

2.2.2.7.(cid:218)Motor  vehicles,  tractors  and  motorcycles(cid:217)..........................................................

2.2.2.8.(cid:218)Progress  in  implementing  Directives  applicable  to  motor  vehicles,  tractors
and  motorcycles(cid:217).....................................................................................................

2.2.2.9.(cid:218)Construction  products(cid:217) ..........................................................................................

2.2.2.10.(cid:217)Mechanical  engineering,  electronics,  personal  protection  equipment,  gas
equipment,  pressure  equipment,  pre(cid:220)packaging,  measuring  equipment,
medical  devices  and  pleasure  craft(cid:217)......................................................................

2.2.2.11.(cid:217)Progress  in  implementing  Directives  applicable  to  mechanical  engineering,
electronics,  personal  protection  equipment,  gas  equipment,  pressure
equipment,  pre(cid:220)packaging,  measuring  equipment,  medical  devices  and
pleasure  craft(cid:217)..........................................................................................................

2.2.2.12.(cid:217)Cosmetics(cid:217)........................................................................................................... .....

2.2.2.13.(cid:217)Progress  in  implementing  Directives  applicable  to  cosmetics(cid:217)..........................

14

15

15

15

18

18

18

19

19

19

19

20

20

20

21

21

22

22

22

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2.2.2.14.(cid:217)Textiles(cid:217)....................................................................................................................

2.2.2.15.(cid:217)Progress  in  implementing  Directives  applicable  to  textiles(cid:217)..............................

2.2.2.16.(cid:217)Liability  for  defective  products(cid:217)............................................................................

2.2.3.(cid:217)Free  movement  of  persons,  right  of  establishment  and  voting  rights(cid:217) .............................

2.2.3.1.(cid:218)Ending  discrimination(cid:217)...........................................................................................

2.2.3.2.(cid:218)Entry  and  residence(cid:217) ..............................................................................................

2.2.3.3.(cid:218)Progress  in  implementing  Directives  applicable  to  right  of  residence(cid:217)............

2.2.3.4.(cid:218)Right  to  vote  and  stand  in  elections(cid:217) ...................................................................

2.2.3.5.(cid:218)Recognition  of  qualifications(cid:217)...............................................................................

2.2.3.6.(cid:218)Progress  in  implementing  Directives  applicable  to  recognition  of  qualifi(cid:220)
cations(cid:217) .....................................................................................................................

2.2.3.7.(cid:218)Independent  commercial  agents(cid:217) ..........................................................................

2.2.4.(cid:217)Freedom  to  provide  services(cid:217).................................................................................................

2.2.4.1.(cid:218)Articles  59  et  seq.

...................................................................................................

2.2.4.2.(cid:218)Audiovisual/Media(cid:217)................................................................................................

2.2.4.3.(cid:218)Telecommunications(cid:217) .............................................................................................

2.2.4.4.(cid:218)Progress  in  implementing  Directives  applicable  to  telecommunications(cid:217)........

2.2.4.5.(cid:218)Financial  services(cid:217) ...................................................................................................

2.2.4.6.(cid:218)Progress  in  implementing  Directives  applicable  to  financial  services(cid:217).............

2.2.4.7.(cid:218)Commercial  communications(cid:217)...............................................................................

2.2.5.(cid:217)Free  movement  of  capital(cid:217) .....................................................................................................

2.2.6.(cid:217)Company  law(cid:217) .........................................................................................................................

2.2.6.1.(cid:218)Progress  in  implementing  Directives  applicable  to  company  law(cid:217) ...................

2.2.7.(cid:217)Intellectual  and  industrial  property(cid:217) .....................................................................................

2.2.7.1.(cid:218)Progress  in  implementing  Directives  applicable  to  intellectual  and  industrial
property(cid:217) ..................................................................................................................

2.2.8.(cid:217)Public  procurement(cid:217)................................................................................................................

2.2.8.1.(cid:218)Progress  in  implementing  Directives  applicable  to  public  procurement(cid:217) ........

2.3.(cid:217)Removal  of  tax  barriers(cid:217)....................................................................................................................

2.3.1.(cid:217)Direct  taxation(cid:217) .......................................................................................................................

2.3.1.1.(cid:218)Progress  in  implementing  Directives  applicable  to  direct  taxation(cid:217).................

2.3.2.(cid:217)Indirect  taxation(cid:217).....................................................................................................................

22

23

23

23

23

23

24

24

24

25

26

26

26

26

27

28

28

31

31

31

31

32

32

33

33

34

34

34

35

35

2.3.2.1.(cid:218)Progress  in  implementing  Directives  applicable  to  indirect  taxation(cid:217) .............

37

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CONSUMER  POLICY  AND  HEALTH  PROTECTION

3.(cid:217)Introduction(cid:217) ...............................................................................................................................................

4.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

4.1.(cid:217)Safety  and  health(cid:217)........................................................................................................ .......................

4.2.(cid:217)Protection  of  consumers’  economic  interests(cid:217) ................................................................................

4.3.(cid:217)Progress  in  implementing  directives  applicable  to  consumer  protection  and  product  safety(cid:217)

COMPETITION

5.(cid:217)Introduction(cid:217) ...............................................................................................................................................

6.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

6.1.(cid:217)Public  enterprises(cid:217) ..............................................................................................................................

6.2.(cid:217)Monopolies(cid:217) ........................................................................................................................................

6.3.(cid:217)Progress  in  implementing  measures  in  the  field  of  competition(cid:217) .................................................

SOCIAL  POLICY

7.(cid:217)Introduction(cid:217) ...............................................................................................................................................

8.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

8.1.(cid:217)Free  movement  of  workers(cid:217) ..............................................................................................................

8.1.1.(cid:217)Ending  discrimination(cid:217) ...........................................................................................................

8.1.2.(cid:217)Access  to  employment  in  the  public  service(cid:217) .......................................................................

8.1.3.(cid:217)Social  security(cid:217).........................................................................................................................

8.2.(cid:217)Equal  treatment  of  men  and  women(cid:217) ......................................................................................... .....

8.3.(cid:217)Working  conditions(cid:217) ..........................................................................................................................

8.4.(cid:217)Health  and  safety  at  work(cid:217) ...............................................................................................................

8.5.(cid:217)Public  health(cid:217) ......................................................................................................................................

8.6.(cid:217)Progress  in  implementing  Directives  applicable  to  social  policy(cid:217) ................................................

37

37

37

38

38

39

39

39

40

41

41

41

41

41

42

42

43

43

43

44

44

EDUCATION  AND  TRAINING(cid:217) ........................................................................................................ ........

44

AGRICULTURE

9.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

9.1.(cid:217)Markets(cid:217)...............................................................................................................................................

9.2.(cid:217)Harmonisation(cid:217)...................................................................................................................................

9.3.(cid:217)Progress  in  implementing  Directives  applicable  to  agriculture(cid:217) ...................................................

FISHERIES

10.(cid:217)Introduction(cid:217) ...............................................................................................................................................

11.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

11.1.(cid:217)Markets(cid:217) ............................................................................................................................................

11.2.(cid:217)Resources(cid:217) .........................................................................................................................................

11.3.(cid:217)Compatibility  with  Community  law  of  national  legislation  on  the  grant  of  flag  rights  to
fishing  vessels(cid:217)...................................................................................................................................

44

44

45

48

48

48

48

48

49

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Official  Journal  of  the  European  Communities

10.8.98

ENVIRONMENT

12.(cid:217)Introduction(cid:217) ...............................................................................................................................................

12.1.(cid:217)General  situation(cid:217) .............................................................................................................................

12.2.(cid:217)Notification  of  national  implementing  measures(cid:217)........................................................................

12.3.(cid:217)Conformity  of  national  implementing  measures(cid:217).........................................................................

12.4.(cid:217)Correct  application  of  directives(cid:217) ...................................................................................................

12.5.(cid:217)Freedom  of  access  to  information(cid:217) ................................................................................................

12.6.(cid:217)Environmental  impact  assessment(cid:217).................................................................................................

12.7.(cid:217)Action  needed(cid:217)..................................................................................................................................

13.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

13.1.(cid:217)Air(cid:217) .....................................................................................................................................................

13.2.(cid:217)Chemicals  and  biotechnology(cid:217)........................................................................................................

13.3.(cid:217)Water(cid:217) ................................................................................................................................................

13.4.(cid:217)Noise(cid:217).................................................................................................................................................

13.5.(cid:217)Waste(cid:217) ................................................................................................................................................

13.6.(cid:217)Nature(cid:217)...............................................................................................................................................

13.7.(cid:217)Radiation  protection(cid:217).......................................................................................................................

49

49

51

52

53

54

55

56

57

57

58

60

63

64

67

70

13.8.(cid:217)Progress  in  implementing  Directives  applicable  to  the  environment(cid:217) .......................................

70

TRANSPORT

14.(cid:217)Introduction(cid:217) ...............................................................................................................................................

15.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

15.1.(cid:217)Road  transport(cid:217) ................................................................................................................................

15.2.(cid:217)Combined  transport(cid:217)........................................................................................................................

15.3.(cid:217)Inland  waterways(cid:217) ............................................................................................................................

15.4.(cid:217)Rail  transport(cid:217)...................................................................................................................................

15.5.(cid:217)Sea  transport(cid:217)....................................................................................................................................

15.6.(cid:217)Air  transport(cid:217) ....................................................................................................................................

15.7.(cid:217)Summertime(cid:217) .....................................................................................................................................

71

71

71

72

72

73

73

74

75

15.8.(cid:217)Progress  in  implementing  directives  on  transport(cid:217).......................................................................

75

ENERGY

16.(cid:217)Introduction(cid:217) ...............................................................................................................................................

17.(cid:217)Situation  sector  by  sector(cid:217) .........................................................................................................................

17.1.(cid:217)Internal  market  for  electricity  and  natural  gas(cid:217) ...........................................................................

17.2.(cid:217)Energy  efficiency(cid:217).............................................................................................................................

17.3.(cid:217)Oil  and  gas(cid:217).......................................................................................................................................

17.4.(cid:217)Progress  in  implementing  directives  on  energy(cid:217)...........................................................................

75

75

75

75

76

76

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STRUCTURAL  FUNDS  AND  COMMUNITY  LAW(cid:217) .............................................................................

76

BUDGET  MATTERS(cid:217) .....................................................................................................................................

78

COMMUNITY  STAFF(cid:217) ..................................................................................................................................

78

STATISTICS(cid:217) .................................................................................................................... ................................

79

ANNEXES

Annex  I: (cid:217)Suspected  infringements  1993  to  1997(cid:217) ......................................................................................

Annex  II: (cid:217)Established  infringements(cid:217)........................................................................................... .................

Annex  III:(cid:217)Infringements  of  treaties,  regulations  and  decisions(cid:217) ...............................................................

Annex  IV:(cid:217)Report  on  the  application  of  directives(cid:217) ............................................................................. ........

Annex  V: (cid:217)Judgments  of  the  Court  of  Justice  up  to  31  December  1997  not  yet  implemented(cid:217) ............

Annex  VI:  Application  of  Community  law  by  national  courts(cid:217) ..................................................................

80

87

95

110

190

195

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10.8.98

INTRODUCTION

There  are  several  salient  features  of  activities  in  1997:

It  is  clear  from  these  developments  that  the  enforcement
of  Community  law  is  one  of  the  central  focuses  of
Commission  attention,  as  President  Santer  promised  it
would  be  when  the  present  Commission  took  office.

-(cid:217)statistically  speaking,  the  year  saw  a  sharp  rise  in  the
the

letters  addressed 

to 

number  of  Article  169 
Member  States;

-(cid:217)the  rate  of  transposal  of  directives  rose  for  all
Member  States,  some  of  them  displaying  particularly
impressive  "performance  rates’;

-(cid:217)procedurally  speaking,  1997  was  the  first  year  in
which  the  Commission  proposed  that  the  Court  of
Justice  impose  a  daily  penalty  payment  on  a  Member
State  for  failure  to  discharge  a  Community  obli(cid:220)
gation;  eight  proposals  have  now  been  decided  on,
and  two  of  them  have  actually  been  referred  to  the
Court;

-(cid:217)1997  was  also  the  first  year  in  which  the  Commission
decided  to  boost  the  information  made  available  to
complainants,  following  an  own(cid:220)initiative  inquiry  by
the  Ombudsman;

-(cid:217)the  Amsterdam  European  Council  of  16  and  17  June
1997  was  followed  by  the  proposal  of  18  November
1997  for  a  Regulation  creating  a  mechanism  whereby
the  Commission  can  intervene  in  order  to  remove
certain  obstacles  to  trade(cid:216)(˛);

-(cid:217)parliamentary  questions  and  petitions  continue  to
play  a  major  role  in  the  detection  of  infringements
and  are  behind  the  commencement  of  a  good  number
of  new  proceedings  each  year;

-(cid:217)the  Commission  presented  a  proposal  for  a  European
Parliament  and  Council  Decision  establishing  an
awareness  of
action 
Community  law  for  the  legal  professions  (Robert
Schuman  Project).

programme 

improve 

to 

The  statistical  analysis:  the  initial  effects  of  the  1996
in  the
procedural  reforms  -  a  spectacular 
number  of  Article  169  letters  and  of  cases  terminated.

increase 

The  number  of  new  complaints  rose  by  17(cid:216)%  from  819
in  1996  to  957  in  1997,  thus  reversing  the  trend  of  recent
years.  The  number  of 
the
Commission’s  own  investigations  remained  stable  at  261.

cases  detected 

by 

The  number  of  Article  169  letters  actually  sent  was  up,
by  23(cid:216)%  from  1(cid:216)168  in  1996  to  1(cid:216)460  in  1997.  This
applied  particularly  to  cases  of  failure  to  notify  the
Commission 
directives
(+(cid:216)47%).  Only  the  number  of  reasoned  opinions  fell,  by
21(cid:216)%  from  436  in  1996  to  343  in  1997.

of  measures 

implementing 

The  very  sharp  rise  in  the  number  of  Article  169  letters
decided  on  is  the  first  fruit  of  the  reforms  decided  on  in
July  1996:  better  compliance  with  the  one(cid:220)year  deadline
for  a  decision  on  the  substance,  coupled  with  a  new
approach  to  Article  169 
letters  (now  regarded  as  a
dedramatised  request  for  observations),  have  greatly
reduced 
the
complaint  or  of  a  case  detected  by  the  Commission’s
own  inquiries  and  the  initial  decision  on  the  substance.
(NB:  the  number  of  cases  terminated  is  also  well  up  -
by  22(cid:216)%  from  1(cid:216)765  to  2(cid:216)151  -  while  the  total  number
of  cases  in  progress  (the  "stock  in  trade’)  is  down.)

time(cid:220)lag  between 

registration  of 

the 

Transposal  of  directives  in  1997

(˛)(cid:217)COM(97)  619  final.

The  table  below  gives  an  overall  picture  of  the  rate  of
notification  of  national  measures  implementing  all  the
directives  applicable  on  31  December  1997.

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Member  State

Directives
applicable  on
31.12.1997(cid:216)(˛)

Directives  for
which  measures
have  been
notified

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

1(cid:216)382

1(cid:216)378

1(cid:216)384

1(cid:216)380

1(cid:216)380

1(cid:216)382

1(cid:216)374

1(cid:216)383

1(cid:216)380

1(cid:216)382

1(cid:216)379

1(cid:216)378

1(cid:216)370

1(cid:216)376

1(cid:216)381

1(cid:216)269

1(cid:216)337

1(cid:216)295

1(cid:216)281

1(cid:216)313

1(cid:216)293

1(cid:216)293

1(cid:216)278

1(cid:216)300

1(cid:216)332

1(cid:216)301

1(cid:216)289

1(cid:216)319

1(cid:216)339

1(cid:216)308

%

91,8

97,0

93,6

92,8

95,1

93,6

94,1

92,5

94,2

96,4

94,3

93,5

96,3

97,3

94,7

Implementation  of  second  subparagraph  of  Article  171(2)  of
the  EC  Treaty

In  1997  the  Commission  for  the  first  time  made  use  of
the  power  conferred  on  it  by  the  Maastricht  amendment
of  Article  171  of  the  EC  Treaty:

to 

take 

the  Member  State  concerned  fails 

"If 
the
necessary  measures  to  comply  with  the  Court’s  judgment
within  the  time(cid:220)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  lump  sum  or
penalty  payment  to  be  paid  by  the  Member  State
concerned  which  it  considers  to  be  appropriate  in  the
circumstances.

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

On  31  December  1997  the  Member  States  had  on
average  notified  94(cid:216)%  of  the  national  measures  needed
to  implement  the  directives  applicable.  This  is  higher
than  the  figure  for  1996  (93(cid:216)%).  But  the  performance  of
the  individual  Member  States  is  variable.

When  proposing  that  a  Member  State  be  ordered  to  pay
a  penalty  for  failure  to  comply  with  a  judgment,  the
Commission  is  actually  proposing  a  valuable  enforcement
measure  that  is  available  against  Member  States.

Attention  is  drawn  to  the  considerable  improvement  in
the  notification  rate  for  Sweden,  which  is  three  points
higher  than  its  rate  last  year  and  ranks  it  first  (last  year  it
ranked  fifth).  Finland,  too,  has  performed  well,  rising
from  81(cid:216)% 
the  problem  of
transposal  of  directives  in  the  ¯land  Islands  (notably  in
agriculture),  mentioned  in  the  Fourteenth  Report,  has
been  resolved.

to  96,3(cid:216)%  now 

that 

January  and  10  December  1997 

On  28 
eight
infringement  proceedings  reached  the  referral  stage  with
proposals  for  penalty  payments.  The  threat  of  the  penalty
had  a  useful  deterrent  effect  as  two  of  the  cases  were
thereupon  terminated  quite  quickly  and  two  more  are  in
the  process  of  being  settled.  In  two  cases,  however,  the
referral  has  been  maintained,  together  with  the  proposal
for  penalty  payments;  these  are  the  two  surface(cid:220)water
cases  against  Germany  (Directives  75/440/EEC  and
79/869/EEC).

These  high  rates  conceal  contrasting  realities.  The  table
at  Annex  IV  offers  a  detailed  picture  of  the  situation
regarding  transposal  in  1997  by  Member  State  and  by
sector.

The  Ombudsman’s 
infringement  procedures

own(cid:220)initiative 

inquiry 

into

The  sector(cid:220)by(cid:220)sector  analysis  will  give  more  detailed
account  of  the  quality  of  transposal  (conformity  of
national  implementing  measures  with  the  directives,  and
sound  application  of  them).

The  Ombudsman’s  inquiries  into  a  series  of  complaints
about 
infringement  proceedings,  notably  the  environ(cid:220)
mental  complaints  about  the  Newbury  Bypass,  prompted
him  to  conclude  that  there  was  a  general  need  to  review
the 
169
complainants 
proceedings(cid:216)(ˇ).  He  undertook  an  own(cid:220)initiative  inquiry.

in  Article 

position 

of 

(˛)(cid:217)It  will  be  seen  that  a  total  of  1(cid:216)391  directives  were  applicable
on  31  December  1997,  as  opposed  by  1(cid:216)314  on  31  December
1996.  In  other  words,  77  new  directives  came  into  force  in
1997.

(ˇ)(cid:217)Ombudsman’s  Annual  Report  for  1996,  OJ  C  272,  8.9.1997,

p.  32.

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He  proposed  among  other  things  that  the  Commission
should  seek  the  complainant’s  opinion  before  closing  a
case.  This  would  involve  the  citizen  more  closely  in  the
procedure  (there  is  no  appeal  against  the  Commission’s
decision  to  close  a  case)  and  make  the  procedure  more
transparent.

The  Commission  accepted  this  recommendation.  In  a
letter  addressed  to  the  Ombudsman  on  24  July  1997,  the
Commission  Secretary(cid:220)General  stated:

"In  several  cases 
informed
the
beforehand 
complainant  during  the  investigation  of  the  complaint.

is  now 
the  dialogue  with 

.(cid:216).(cid:216).  as  part  of 

the  complainant 

The  Commission  is  prepared  to  extend  this  practice.
Leaving  aside  cases  where  the  complaint  is  obviously
without  foundation  and  cases  where  nothing  further  is
heard  from  the  complainant,  the  Commission  will  ensure
that  a  complainant  is  informed  of  its  intention  to  close  a
case.’

The  Ombudsman  wrote  to  the  Commission  on  13
October,  stating  that  he  was  closing  his  own(cid:220)initiative
inquiry  as  there  was  an  improvement  in  the  procedural
status  of  the  complainant  at  the  pre(cid:220)litigation  stages  and
there  was  no  presumption  of  maladministration.

Follow(cid:220)up  to  the  Amsterdam  European  Council:  new  legal
instruments  to  combat  manifest  barriers  to  free  movement  of
goods

The  Conclusions  of  the  Amsterdam  European  Council  of
16  and  17  June  state:

the 

underlines 

"The  European  Council 
crucial
importance  of  timely  and  correct  transposition  of  all
agreed  legislation  into  national  law,  the  need  to  inform
citizens  and  business  fully  about  the  Single  Market,  and
the  necessity  of  active  enforcement  of  Community  law  in
the  Member  States  and  the  introduction  of  more  rapid
and  effective  procedures  for  problem(cid:220)solving  including

level 

in  cases  of  recurring
deliberations  at  Council 
problems.  The  European  Council 
the
Commission  to  examine  ways  and  means  of  guaranteeing
in  an  effective  manner  the  free  movement  of  goods.  It
requests  the  Commission  to  submit  relevant  proposals
before  its  next  meeting  in  December  1997.’

requests 

intervene 

The  Commission  responded  on  18  November  with  a
proposal  for  a  Council  Regulation  creating  a  mechanism
whereby  the  Commission  can 
in  order  to
remove  certain  obstacles  to  trade(cid:216)(˛).  This  means  that
when  it  detects  a  particularly  serious  barrier  to  the  free
movement  of  goods(cid:216)(ˇ),  the  Commission  has  the  power
to  take  mandatory  legal  decisions.  Individuals  who  suffer
loss  can  then  plead  such  decision  in  the  national  courts
in  order  to  obtain  interim  relief  or  damages.  If  a  Member
State  does  not  comply  with  the  decision  within  the
prescribed  period, 
the  Commission  may  commence
Article  169  infringement  proceedings,  with  the  referral  to
the  Court  of  Justice  being  made  quite  quickly.

The  role  of  parliamentary  questions  and  petitions  in  the
commencement  of  new  infringement  proceedings

In  1997  parliamentary  questions  and  petitions  were  at
the  origin  of  17  new  infringement  proceedings.

They  mainly  concerned  nationality  discrimination  and
environmental  problems.

The  Robert  Schuman  Project  - 
lawyers  in  Community  law

training 

judges  and

Declaration  No  19  on  the  implementation  of  Community
law,  annexed  to  the  Final  Act  of  the  Treaty  on  European
Union  signed  on  7  February  1992,  "considers  it  essential
for  the  proper  functioning  of  the  Community  that  the
measures  taken  by  the  different  Member  States  should
result  in  Community  law  being  applied  with  the  same
effectiveness  and  rigour  as  in  the  application  of  their
national  law’.

(˛)(cid:217)COM(97)  619  final.
(ˇ)(cid:217)This  means  cases  where  three  conditions  are  all  met:  (i)  a
serious  barrier  to  the  free  movement  of  goods;  (ii)  serious
harm  to  individuals  as  a  result;  (iii)  need  for  immediate
action  to  ensure  that  the  barrier  and  the  resultant  harm  are
not  continued,  extended  or  aggravated.

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The  Commission  responded  to  the  Declaration  with  a
proposal 
for  a  European  Parliament  and  Council
Decision  establishing  an  action  programme  to  improve
awareness  of  Community  law  for  the  legal  professions
(Robert  Schuman  Project)(cid:216)(˛).  This  states  that  "citizens
will  be  unable  to  enforce  all  their  rights  under  the
Community 
legal  system  before  any  national  court
within  the  Union  unless  those  members  of  the  legal
professions  involved  in  the  administration  of  justice,  i.e.
judges,  prosecutors  and  lawyers  are  sufficiently  informed
and  trained  to  do  so’(cid:216)(ˇ).

The  Commission  took  over  Parliament’s  amendments  to
its  proposal  for  the  purpose  of  extending  the  project  to
all  the  practitioners  involved  in  the  administration  of
justice.

The  project  is  to  consist  of  initial  and  continuing  training
measures 
the  development  of
information  facilities  on  Community  law.  An  evaluation
report  is  to  be  made  no  later  than  31  December  1999.

support 

and 

for 

It  can  be  seen  from  these  examples  that  the  Commission’s
activities  in  its  capacity  as  guardian  of  the  Treaties  do
not  consist  merely  of  issuing  Article  169  letters  and
reasoned  opinions.  The  Commission  is  very  active  in

preventing  infringements  of  Community  law,  not  only
when  preparing  its  legislative  proposals  but  also  at  the
pre(cid:220)litigation  stage  of  Article  169  proceedings.  As  the
Commission  stated  in  1997,  "better  lawmaking  means
level  that  are  easy  to
adopting  texts  at  Community 
transpose  and  to  apply  at  national  level’(cid:216)(—).

This  rapid  overview  of  the  Commission’s  activities  would
not  be  complete  without  a  reminder  of  all  the  European
Parliament  does  in  this  respect;  its  annual  resolution  on
the  report  on  monitoring  the  application  of  Community
law  has  done  much  to  improve  it.

To  conclude,  the  Commission  wishes  to  draw  attention
to  the  importance  of  one  particular  set  of  figures  given  in
the  numbers  of  complaints  and  of
this  report  - 
infringement  proceedings  has  risen  considerably 
this
year.  The  Commission  believes  that  the  rise  in  the  two
figures  is  evidence  that  the  Community’s  citizens  are  ever
keener  to  see  their  rights  properly  respected,  while  the
Commission  has  assumed  its  proper  share  of  the  respon(cid:220)
it  hardly  needs
sibility  for  enforcing  the  rules.  But 
in
restating  that  the  Commission  does  not  operate 
isolation  here:  the  practical  application  of  the  rules,
which  is  a  fundamental  political  objective  of  European
integration,  requires  the  full  cooperation  of  all  the
Member  States  and  all  the  Community  institutions.

(˛)(cid:217)COM(97)  596  final.
(ˇ)(cid:217)Amended  proposal,  Recital  5.

(—)(cid:217)COM(97)  626  final,  Better  Lawmaking  1997:  Commission

Report  to  the  European  Council,  p.  1.

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AREA  WITHOUT  INTERNAL  FRONTIERS

1.  INTRODUCTION

the 

face 

it  would 

single  market(cid:216)(˛),  presented 

impact  and
The  Commission  communication  on  the 
to
effectiveness  of 
Parliament  and  the  Council  on  26  November  1996,
provided  an  initial  assessment  of  how  the  single  market
was  functioning,  what  economic  effect  it  was  having  and
what  challenges 
future.  The
assessment,  though  positive,  reveals  a  number  of  short(cid:220)
comings  in  the  functioning  of  the  single  market,  which
prevent  it  from  delivering  all  its  potential  benefits.  What
Europe  needs 
is  a  more  effective  single  market,  to
stimulate  growth,  innovation  and  employment.  With  this
in  mind,  the  Commission  announced  to  the  Dublin
European  Council  in  December  1996  that  it  intended  to
draft  an  action  plan  for  enhancing  the  single  market’s
effectiveness  in  the  years  ahead.

the 

in 

The  plan(cid:216)(ˇ)  set  four  objectives,  which  form  a  clear
strategy  for  action,  starting  now:

-(cid:217)make 

legislation  more 

effective,  which  means
improving  transposal  and  implementation  of  common
provisions  and 
regulations  at  both
Community  and  national  level;

simplifying 

-(cid:217)eliminate 

the  main  distortions 

the  market,
primarily  by  dismantling  tax  barriers  and  fighting
measures  that  discourage  competition;

in 

-(cid:217)remove  obstacles 

integration  affecting
particular  industries  by  closing  the  loopholes  in  the
single  market’s  regulatory  framework;

to  market 

-(cid:217)create  a  single  market  which  works  in  everyone’s
interests,  ensuring  that  individual  citizens  can  enjoy
their  full  rights  and  working  on  the  social  side  of  the
single  market.

The  European  Council,  meeting  in  Amsterdam  on  16
support
and  17 

June  1997, 

reaffirmed 

full 

its 

(˛)(cid:217)The 

impact  and  effectiveness  of 
COM(96)  520  final,  30  October  1996.

the  Single  Market,

(ˇ)(cid:217)Action  Plan  for  the  Single  Market,  CSE(97)  1  final,  4  June

1997.

regulations 

for  the  priorities  set  out  in  the  action  plan  and,  more
specifically,  stressed  the  need  to  start  work  straight  away
on  the  first  strategic  objective,  enhancing  the  effec(cid:220)
tiveness  of  Community 
through  better
transposal  and  more  effective  application  of  the  rules
governing  the  single  market.  To  that  end,  the  Member
States  are  requested  to  put  forward  detailed  transposal
timetables  and  to  keep  the  Commission  informed  of
moves 
facilitate
communication  between  national  authorities  and  contact
points  for  businesses  and  the  general  public.

to  set  up  coordination  centres 

to 

As  far  as  administrative  cooperation  is  concerned,  the
Karolus  programme(cid:216)(—),  launched  in  1993,  provides  for
exchanges  of  officials  between  the  national  adminis(cid:220)
trations.  Its  purpose  is  to  promote  harmonised  interpre(cid:220)
tation  and  uniform  implementation  of  Community  single
market  legislation.  All  Member  States  have  now  taken
part 
in  the  programme,  either  sending  or  receiving
officials  from  national  government  departments.  By  31
December  1997,  417  officials  had  been  on  exchanges,
comprising  a  training  seminar,  the  exchange  proper
(around  two  months  spent  in  a  similar  department  in
another  Member  State)  and  a  debriefing  seminar.  The
five(cid:220)year  programme  is  due  to  expire  at  the  end  of  1997.
Parliament  and  the  Council  are  currently  looking  at  a
it  for
proposal  for  a  decision  which  would  extend 
another  two  years  and  open  it  up  to  the  associated
countries 
in  central  and  eastern  Europe,  the  EFTA
countries  in  the  EEA  and  Cyprus.  The  Council  arrived  at
a  political  agreement  on  the  proposal  at  its  first  reading
is  expected  to  reach  a
on  27  November  1997  and 
decision  quickly  at  the  second  reading.

the  Matthaeus  programme(cid:216)((cid:209)),
Alongside  Karolus, 
launched  in  1991,  provides  explicitly  for  exchanges  for
customs  officials  while  Matthaeus(cid:220)Tax(cid:216)((cid:210)),  launched  in
1993,  caters  for  civil  servants  who  deal  with  tax  matters.
In  addition,  the  Council  adopted  two  joint  actions  in
1996,  one  introducing  a  programme  of  incentives  and
exchanges 
("Grotius’)(cid:216)((cid:211)),  and
another  introducing  a  programme  of  training,  exchanges
and  cooperation  on  identity  documents  ("Sherlock’)(cid:216)((cid:212)).

legal  practitioners 

for 

(—)(cid:217)Council  Decision  92/481/EEC,  22  September  1992,  OJ  L

286,  1.10.1992,  p.  65.

((cid:209))(cid:217)Council  Decision  91/341/EEC,  20  June  1991,  OJ  L  187,

13.7.1991,  p.  41.

((cid:210))(cid:217)Council  Decision  93/588/EEC,  29  October  1993,  OJ  L  280,

13.11.1993,  p.  41.

((cid:211))(cid:217)Joint  action  of  28  October  1996  (96/636/JHA),  OJ  L  287,

8.11.1996,  p.  3.

((cid:212))(cid:217)Joint  action  of  28  October  1996  (96/637/JHA),  OJ  L  287,

8.11.1996,  p.  7.

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As  guardian  of  the  Treaty,  the  Commission  keeps  a
constant  eye  on  the  transposal  and  effective  application
of  internal  market  legislation  at  national  level.  Once  the
action  plan  was  adopted,  the  Commission  decided  to
publish  a  "scoreboard’  keeping  track  of  application  of  the
legislation  and  implementation  of  the  plan.  The  first
report,  presented  to  the  Council  (Internal  Market)  in
November  1997,  gave  a  breakdown  by  Member  State
and  by  industry  of  the  progress  made  in  transposing
legislation  into  national  law.  It  also  gave  the  number  of
infringements  and  reported  on  implementation  of  the
action  plan.

Detailed  reports  on  transposal  are  now  to  be  presented
to  every  Council  meeting  on  the  internal  market.  They
will  give  an  account  of  progress  made  in  transposing
major  single  market  directives.  On  1  January  1998,  the
Member  States  had  reported  93(cid:216)%  of  the 
legislative
implement  the  1(cid:216)374  Directives
measures  required  to 
then  in  force.

this 

financial 

Despite 
there  are  still
fairly  high  percentage, 
considerable  delays  in  certain  key  sectors,  such  as  public
intellectual  and
procurement, 
industrial  property.  These  delays  are  often  caused  by
problems  in  the  national  decision(cid:220)making  process  or  the
texts,  which
complexity  of  Community 
technical 
sometimes 
to  adopt  national
leads  Member  States 
measures  implementing  only  part  of  a  directive.

services  and 

implementing  measures,  since 

The  Commission  also  takes  a  keen  interest  in  the  quality
of 
incomplete  or
incorrect  transposal  of  Community  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.

the 

Another  priority  is  to  put  the  finishing  touches  to  the
legislative  framework  of  the  single  market.  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;  drafts  have  been  drawn  up  following  the
report  of  the  Group  chaired  by  Etienne  Davignon.  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.  Moreover,  the
priority  projects  will  have  to  be  implemented  if  the  single
market  is  to  be  adapted  to  take  account  of  new  techno(cid:220)
logical  challenges,  such  as  the  creation  of  an  information
society 
trans(cid:220)European
networks.

introduction  of 

and 

the 

But  completing  the  legislative  framework  is  not  enough
in  itself.  The  establishment  of  a  genuine  frontier(cid:220)free
area  also  requires  an  effort  to  simplify  legislation.  To  this
end  the  Commission  launched  the  SLIM(cid:216)(˛)  pilot  project
in  1996  to  explore  how  the  constraints  and  formalities
imposed  on  businesses  by  the  complexity  of  legislation
can  be  reduced  by  simplifying  laws  and  administrative
procedures.  The 
campaign,
legislation,  the  combined  nomen(cid:220)
concerning  banking 
clature  for  foreign  trade,  VAT  rules  and  fertilisers,  was
started  in  May  1997.  On  27  November  a  communication
setting  out  the  recommendations  made  by  the  various
working  parties  on  these  issues  was  put  to  the  Council
(Internal  Market).

stage  of 

second 

the 

judiciaries  at  all 

If  the  single  market  is  to  function  effectively,  the  relevant
legislation  must  also  be  correctly  implemented  by  the
Member  States’ 
levels.  The  Robert
Schuman  campaign  aims  to  ensure  better  implementation
of  Community 
law  by  providing  more  training  and
information  for  judges  and  lawyers.  In  contributing  to
greater  awareness  of  the  practical  aspects  of  Community
law  amongst  the  legal  profession,  the  Robert  Schuman
campaign  is  helping  to  ensure  that  the  single  market
works  to  the  maximum  benefit  of  ordinary  citizens,
consumers  and  businesses  alike.  The  campaign  relies  on
the  cooperation  of  the  bodies  responsible  for  training
judges  and  lawyers.  These  establishments  can  apply  for
financial  support  for  training  or  information  campaigns
dealing  specifically  with  Community  law.  In  the  pilot
phase  in  1997,  over  40  local  projects  were  selected  for
support  under  the  campaign.

Lastly,  the  success  of  the  single  market  depends  on  the
public  knowing  what  their  rights  are  and  how  to

(˛)(cid:217)Simpler  legislation  for  the  Single  market  -  Commission
the  Council  COM(96)  559  final,  6

to 

communication 
November  1996.

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treatment 

to  equal 

exercise  them.  The  second  stage  of  the  Commission’s
Citizens  First  initiative,  launched  in  1997,  focuses  on  the
rights  the  European  Union  confers  on  its  citizens  with
regard 
for  men  and  women,
consumer  protection,  the  purchase  of  goods  and  services
in  other  Member  States  and  travel  within  the  Union.
This  second  stage  uses  the  same  tried  and  tested  strategy
as  the  first  stage  (launched  in  November  1996,  with
working,  living  and  studying  in  another  Member  State  as
its  theme).  It 
involves  putting  across  clear,  practical
information  to  as  wide  an  audience  as  possible  on  the
rights  and  opportunities  offered  by  the  Union  and  on
what  to  do  when  these  rights  are  violated.

Another  case  concerning  Italy’s  failure  to  comply  with
Community  transit  rules  was  also  closed  after  a  circular
was  issued,  bringing  the  Italian  rules  into  line  with  the
relevant  customs  regulations  (Regulations  (EEC)  No
longer  uses
2913/92  and  No  2425/93)(cid:216)(ˇ).  Italy  no 
external  transit  arrangements  in  the  circumstances  which
were 
external
procedure  applies  to  Community  goods  only  in  a  limited
number  of  cases  where  Community  measures  apply  to
the  export  operation.

previously; 

problems 

causing 

the 

2.  SITUATION  SECTOR  BY  SECTOR

2.1.  Removal  of  physical  borders

2.1.1.  Customs

The  Commission  initiated  proceedings  against  France  for
its  obligations  under  the  Community
failing  to  fulfil 
customs  code.  The  Commission  considers 
that,  by
allowing  only  ship  brokers  the  right  to  act  as  represen(cid:220)
tatives  in  performing  customs  operations  and  formalities,
to
and  restricting 
approved  customs  agents  and  holders  of  customs
clearance  authorisations  (both  for  direct  and  indirect
representation),  French  law  does  not  comply  with  the
Customs  Code,  which  requires  free  representation  for
operations  not  restricted  by  the  Code.

to  make  declarations 

the  right 

2.1.1.1.(cid:217)Progress  in  implementing  customs  Directives

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

Note:(cid:217)this  table  concerns  Directives:

76/308,  77/794,  85/479,  86/489.

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

In  1995  the  Commission  sent  an  Article  171  letter  to
Italy  for  failing  to  comply  with  the  Court  of  Justice’s
judgment(cid:216)(˛)  against  Italy  for  contravening  Community
legislation  by  continuing  to  restrict  representation  to
Italian  customs 
forwarding  agents  without  making
provision  for  people  to  make  a  declaration  in  their  own
name  or  on  behalf  of  others,  and  by  requiring  the  same
responsible 
qualifications 
for
making  customs  declarations  as 
from  self(cid:220)employed
the  Article  171  procedure  was
persons.  However, 
terminated  as  Italy  has  now  complied  with  the  judgment
by  allowing  both  types  of  representation.

from  paid  employees 

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  organisations.

The  Court  of  Justice  has  repeatedly  pointed  out  that
Articles  30  and  34  of  the  Treaty  are  still  an  integral

(˛)(cid:217)Judgment  of  9  February  1994  in  Case  C(cid:220)119/92.

(ˇ)(cid:217)OJ  L  302,  19.10.1992,  p.  1,  and  OJ  L  253,  11.10.1993,  p.  1.

10.8.98

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part  of  the  common  market  organisations,  even  though
there  has  no  longer  been  any  need  to  write  them  into  the
regulations  since  1  January  1970.

2.2.  Removal  of  technical  barriers

2.2.1.(cid:217)Free  movement  of  goods

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

2.2.1.1.  Articles  30  et  seq.  of  the  EC  Treaty

In  1997  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(cid:216)(˛).

The  Commission  sent  a  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  organisation  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  professional 
traders  are
involved  rather  than  Spanish  consumers).  The  Spanish
authorities  came  round  to  the  Commission’s  position  and
the  proceedings  were  dropped.

In  France,  the  infringements  have  been  of  a  rather  more
unusual  nature:  acts  of  violence  have  repeatedly  been
committed  by  individuals  in  protest  against  fruit  and
vegetables  from  other  Member  States  and  the  French
authorities  have  failed  to  deal  adequately  with  the
problem.  The  Commission  welcomed 
the  Court  of
Justice’s  judgment  on  Case  C(cid:220)265/95  in  which  it  ruled
that  "by  failing  to  take  all  necessary  and  proportionate
measures  in  order  to  prevent  the  free  movement  of  fruit
and  vegetables  from  being  obstructed  by  actions  by
private  individuals,  the  French  Republic  has  failed  to
fulfil  its  obligations  under  the  common  organisation  of
the  markets  in  agricultural  products  and  Article  30  of  the
EC  Treaty,  in  conjunction  with  Article  5  of  that  Treaty.’

(˛)(cid:217)Case  C(cid:220)102/96.  See  Thirteenth  annual  report  on  monitoring
law  (1995),  OJ  C  303,

the  application  of  Community 
14.10.1996.

The  single  market  cannot  function  properly  unless  the
principle  of  the  free  movement  of  goods  is  respected;
therefore  the  Commission  pays  particular  attention  to
ensuring  that  Articles  30  to  36  of  the  Treaty  are
correctly 
implemented.  There  are  still  a  considerable
number  of  cases  concerning  national  measures  capable  of
restricting  trade.  In  1997  the  Commission  received  143
new  complaints.  On  31  December  1997  there  were  444
infringement  cases  pending.

Once  again  in  1997,  a  large  number  of  cases  involving
obstacles  to  trade  were  cleared  up  at  "package  meetings’
held  in  the  Member  States  (see  below  for  examples).  The
meetings  have  been  used  for  several  years  now  to  reach
amicable  solutions  in  Article  30  cases;  they  have  proved  a
valuable  means  of  promoting  dialogue  and  administrative
cooperation  between  the  Commission  and  national  civil
services.  In  the  interests  of  efficiency,  a  network  was  set
up  at  the  beginning  of  1997  linking  the  chairmen  of  the
meetings  for  the  various  countries.  This  followed  a
meeting  of  the  chairmen  in  Brussels  which  brought  to
light  the  benefits,  both  for  the  Member  States  and  the
Commission,  of  sharing  the  experience  they  had 
in
settling  disputes 
through  cooperation.  The  network
should  also  facilitate  the  flow  of  information  and  enable
solutions  used  for  one  Member  State  to  be  applied  to
others.

In  1997  package  meetings  were  held  with  Austria,
Denmark,  Finland,  Germany,  Greece,  Ireland,  Italy,  the
Netherlands,  Spain,  Sweden  and  the  United  Kingdom.
Some  examples  of  infringement  cases  settled  through  the
meetings  are  given  below.  They  are  drawn  from  a
number  of  different  industries.

the 

their 

industry 

legislation  regulating  sales  of  decoders 

regulations
The  Spanish  authorities  amended 
governing 
after
telecommunications 
infringement  proceedings  were  started  against  a  piece  of
for
Spanish 
digital  satellite  television  broadcasts.  The  legislation  has
now  opened  the  market  up  to  decoders  using  the  various
available  technologies.  The  Commission 
in
another  case  involving  telecommunications,  as  a  result  of
which  the  Greek  and  Italian  authorities  adopted  regu(cid:220)
lations  providing 
test
certificates  for  radio  communication  equipment  issued  by
registered  bodies  in  other  Member  States.

recognition  of 

for  mutual 

intervened 

C  250/16

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In  the  food  and  drink  industry,  the  British  authorities
changed  the  rules  governing  the  sale  of  beer  by  public
houses  owned  by  breweries.  Under  the  new  regulations,
tenants  are  free  to  sell  beers  other  than  those  brewed  by
the  pub’s  owners.  This  exception,  previously  restricted  to
cask(cid:220)conditioned  beers,  now  also  applies  to  traditional
bottled  beers.  This  ensures 
from  other
Member  States  can  now  be  sold  in  pubs  in  the  United
Kingdom.

that  beers 

the  Spanish  and  Danish  markets  a  disproportionate
degree  of  protection.  The  regulations  are  no 
longer
excessively  restrictive  since  the  authorities  in  Spain  and
Denmark  have 
the  number  of  accepted
hallmarks  and  allowed  recognition  of  hallmarks  affixed
by  registered  bodies  in  other  Member  States.

increased 

In  the  pharmaceuticals  industry,  the  Italian  authorities,
applying  the  principle  that  parallel  imports  should  be
allowed  as  requested  by  the  Commission,  issued  a  regu(cid:220)
lation  introducing  a  simplified  procedure  for  authorising
parallel  imports  of  pharmaceutical  products.

There  have  also  been  some  successes  in  the  car  industry,
large  proportion  of  the
which  still  accounts  for  a 
complaints  to  the  Commission.  For  example,  the  Finnish
authorities  have  amended  their  regulation  on  the  entry
into  service  of  second(cid:220)hand  motor  vehicles,  which
laid  down  requirements  concerning  brakes
previously 
and  pollutant  and  sound  emissions.  These  requirements
were  both  discriminatory,  since  they  applied  only  to
imported  vehicles,  and  disproportionate,  given  that  they
went  beyond  the  standards  required  to  guarantee  safety
and  environmental  protection.  The  new  rules  are  no
longer  discriminatory  and  enable  concerns  about  safety
and  environmental  protection 
to  be  met  without
obstructing  the  free  movement  of  goods.

Public  procurement  rules  can  infringe  Article  30  of  the
Treaty  if  they  effectively  deny  non(cid:220)domestic  tenderers
access  to  public  contracts.  For  instance,  an  Italian  regu(cid:220)
lation  on  grants  for  the  purchase  of  buses,  trams  and
trolley  buses  specified  that  local  authorities  would  obtain
grants  only  for  vehicles  which  complied  with  Italian
technical  specifications.  This  was  discriminatory  vis(cid:220){(cid:220)vis
imported  vehicles  since  it  had  the  effect  of  making  it
more  difficult  or  more  expensive  to  purchase  vehicles
manufactured  in  accordance  with  other  Member  States’
specifications  or  already  on  sale  in  another  Member
State.  When  the  Commission  approached  the  Italian
authorities  about  this  matter,  they  issued  a  decree  which
removed  the  discriminatory  aspects  of  the  regulation.

Lastly,  the  Commission  closed  infringement  proceedings
against  Spain  and  Denmark  when  they  amended  their
regulations  concerning  items  made  from  precious  metals.
The  provisions  as  they  stood  restricted  the  range  of
accepted  hallmarks 
recognition  of
hallmarks  affixed  in  other  Member  States,  thus  giving

excluded 

and 

the 

internal 

frontiers  within 

Four  years  after 
the
Community  came  down,  infringements  impeding  the  free
movement  of  goods  persist  in  quite  large  numbers.  The
Commission  drew  the  attention  of  Parliament  and  the
Member  States  to  the  problem  in  a  Communication  to
the  Council  and  Parliament 
in  September  1996.  In
response,  the  European  Council,  meeting  in  Amsterdam
on  16  and  17  June  1997,  asked  the  Commission  to  look
at  ways  of  ensuring  free  movement  more  effectively  and
to  put  forward  proposals,  containing  penalties  where
appropriate,  to  its  December  meeting  in  Luxembourg.
Accordingly,  on  18  November  1997,  the  Commission
adopted  a  proposal  for  a  Council  Regulation  creating  a
mechanism  whereby  the  Commission  can  intervene  in
order  to  remove  certain  obstacles  to  trade  (COM(97)
619,  18  November  1997).

swiftly  and 

instrument  entered 

to  be  dealt  with 

One  new 
into  force  at  the  very
beginning  of  the  year,  on  1  January.  It  is  intended  to
enable  cases 
in  a
non(cid:220)confrontational  manner,  through  an  approach  based
on  openness  and  mutual 
trust.  The  notification
procedure  set  up  by  Decision  3052/95  brings  exceptions
to  the  principle  of  free  movement  of  goods  into  the  open
by 
the
the  Member  States 
Commission  of  measures  which  restrict  the  movement  of
goods  which  have  been  produced  and  put  on  sale
lawfully  in  one  or  more  of  the  Member  States.  35  such
measures  were  reported  in  1997.

to  notify 

requiring 

The  Commission  decided  to  refer  one  case  involving
obstacles  to  the  free  movement  of  goods  to  the  Court  of
Justice.  It  concerns  the  Italian  regulations  on  precious
metals,  which  contain  a  number  of  provisions  which
contravene  Community  rules  on  the  free  movement  of
goods.  Firstly,  they  forbid  the  sale  of  items  bearing  all
but  a  limited  range  of  hallmarks  in  Italy.  Furthermore,
they  require  foreign  producers  to  appoint  a  represen(cid:220)
tative  in  Italy  and  affix  an  additional  hallmark  as  they  do
not  allow  recognition  of  those  already  on  the  item.  After
the  Commission  had  contacted  the  Italian  authorities
numerous  times  and  had  sent  a  reasoned  opinion  to  no
avail,  it  decided  to  refer  the  matter  to  the  Court  of
Justice  in  accordance  with  the  procedure  laid  down  by
Article  169  of  the  Treaty.

In  its  judgment  of  13  March  1997  in  Case  C(cid:220)358/95
Morellato,  the  Court  reiterated  that  there  was  no  justifi(cid:220)

10.8.98

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cation  on  grounds  of  public  health  for  implementing  a
national  law  on  the  composition  of  a  product,  in  this
case  an  Italian  law  prohibiting  the  sale  of  bread  because
of  its  moisture,  ash  and  bran  content;  it  had  equivalent
effect  to  a  quantitative  restriction  within  the  meaning  of
Article  30  of  the  Treaty.

at  issue  in  the  main  proceedings,  i.e.  criminal  prosecution
of  French  nationals  over  French  goods  on  sale  in  France,
were  not  covered  by  Articles  30  and  36  of  the  Treaty.
The  Court  held  that,  in  this  case,  the  national  measure
in  favour  of
discriminated  against 
domestic  products  and  therefore  created  and  maintained
differential  treatment  which  at  least  potentially  hindered
intra(cid:220)Community  trade.

imported  products 

In  its  judgment  of  20  March  1997  in  Case  C(cid:220)352/95
Phytheron  International,  the  Court  ruled  on  the  correct
interpretation  of  Article  7  of  Council  Directive
89/104/EEC  of  21  December  1988  on  trade  marks,  clar(cid:220)
ifying  the  rules  on  parallel  imports.  First,  it  pointed  out
that  the  Directive  comprehensively  regulates  the  question
of  the  exhaustion  of  trade  mark  rights  for  products
traded  in  the  Community,  so  that  national  rules  on  the
point  must  be  assessed  in  relation  to  it  and  not  Articles
30  and  36  of  the  Treaty.  However,  it  stressed  that  Article
7  of  the  Directive  is  framed  in  terms  corresponding  to
those  used  by  the  Court  in  judgments  which,  in  inter(cid:220)
preting  Articles  30  and  36  of  the  Treaty,  recognised  the
principle  of  exhaustion,  and  that  the  Article  could  not  be
interpreted  as  allowing  the  owner  of  a  trade  mark
protected  under  national  legislation  from  using  the  same
legislation  to  prevent  a  product  in  circulation  in  another
Member  State  from  being  imported  by  the  owner  of  the
mark  or  with  his  consent.

requiring 

that  a  product 

In  its  judgment  of  20  March  1997  in  Case  C(cid:220)13/96  Bic
Benelux,  the  Court  clarified  the  expression  "technical
specification’  used  in  Article  1(1)  of  Council  Directive
83/189/EEC  of  28  March  1989.  The  case  concerned  a
measure 
should  bear  a
distinctive  sign  indicating  the  amount  of  environmental
tax  payable  on  the  product.  The  Court  concluded  that
this  indeed  constituted  a  technical  specification  within
the  meaning  of  the  Directive  (and  not  an  accompanying
tax  measure),  and,  as  such,  should  have  been  reported  to
the  Commission,  which  would  have  assessed  its  compati(cid:220)
bility  with  the  Treaty,  and  in  particular  Article  30.

"mountain’ 

In  its  judgment  of  7  May  in  Joined  Cases  C(cid:220)321/94,
C(cid:220)322/94  and  C(cid:220)324/94  Pistre  on  use  on  labels  of  the
word 
the  Court
reiterated  that  national  laws  were  not  to  be  used  to
hinder  intra(cid:220)Community  trade.  Such  descriptions  should
not  be  confused  with  designations  of  origin,  which  were
protected  by  industrial  and  commercial  property  rights.

to  describe  products, 

In  the  same  case,  the  Court  also  rejected  the  argument
advanced  by  the  French  Government  that  the  measures

its 

in  order  to  test 

judgment  of  5  June  1997 

In 
in  Case  C(cid:220)105/94
Celestini,  the  Court  held  that  Articles  30  and  36  of  the
Treaty  did  not  preclude  a  Member  State  from  subjecting
wine  produced  in  another  Member  State  to  an  appro(cid:220)
priate  control 
its  conformity  with
Community  rules,  even  where  that  wine  is  accompanied
by  bona  fide  certificates  of  analysis  issued  by  research
institutes  duly  authorised  in  the  Member  State  of  origin,
in  a
provided 
non(cid:220)discriminatory  manner, 
the
principle  of  proportionality  and  that  account  is  taken  of
the  controls  already  carried  out  in  the  Member  State  of
origin.

controls  are  applied 

they  observe 

those 

that 

that 

In  Case  C(cid:220)368/95  Vereinigte  Familiapress  the  Court’s
judgment,  given  on  26  June  1997,  defined  the  scope  of
the  term  "selling  arrangement’,  as  used  in  its  judgment  of
24  November  1993  in  Cases  C(cid:220)267/91  and  C(cid:220)268/91
Keck.  Case  C(cid:220)368/95  centred  on  an  Austrian 
law
prohibiting  the  sale  of  periodicals  containing  games  or
competitions  with  prizes  even  if  the  same  periodicals
were  lawfully  produced  and  sold  in  another  Member
State.  The  Austrian  Government  argued  that  Article  30
of  the  Treaty  did  not  apply  to  the  ban  as  it  was  directed
against  a  method  of  promoting  sales, 
i.e.  a  selling
arrangement  within  the  meaning  of  Keck.  The  Court
rejected  this  argument  on  the  grounds  that  even  though
the  legislation  was  "directed  against  a  method  of  sales
promotion’, 
the
products, 
in  so  far  as  the  competitions  formed  an
integral  part  of  the  magazine.  In  any  case,  it  impaired
access  for  the  product  to  the  market  of  the  Member
State  of 
importation  and  consequently  hindered  free
movement  of  goods.  In  response  to  the  arguments
advanced  by  the  Austrian  Government  to  justify  the
measure  at  issue,  the  Court  accepted  that  maintenance  of
press  diversity  may  constitute  an  overriding  requirement
which  would  warrant  a  restriction  of  the  free  movement
of  goods.  But  any  such  measure  must  be  proportionate
and  must  be  examined  to  ensure  that  the  objective
cannot  be  achieved  by  another  means  which  would  not
restrict 
freedom  of
expression  to  the  same  degree.

the  actual  content  of 

intra(cid:220)Community 

it  bore  on 

trade 

and 

C  250/18

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10.8.98

2.2.1.2.(cid:217)Preventive 

rules 

provided 

for 

by

Directive  83/189/EEC(cid:216)(˛)

The  notification  procedure 
introduced  by  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  report  drafts  of  new
technical  regulations  for  vetting  before  they  are  finally
adopted.  The  procedure  does  not  cover  technical  regu(cid:220)
lations  issued  to  comply  with  Community  provisions.

In  1997  the  Commission  received  900(cid:216)(ˇ)  drafts  of
technical  regulations  which  were  scrutinised  by 
the
relevant  departments.  This  compares  with  439(cid:216)(—)  for
1995  and  523(cid:216)((cid:209))  for  1996.  The  figures  show  that,  despite
the  completion  of  the  single  market  at  the  end  of  1992,
the  Member  States  continue  to  adopt  a  great  many
technical  regulations.  The  high  number  of  drafts  received
in  1997  is  partly  accounted  for  by  an  attempt  on  the  part
of  the  Dutch  authorities  to  clear  a  backlog  which  had
accumulated; 
the  Commission  of  230
instruments  which  had  been  adopted  but  not  reported.
to  make
Consequently, 
correction  to  a  large  number  of  instruments  containing
provisions  which  contravened  Community  law.

the  Commission  was  able 

they  notified 

Of  the  900  drafts  received  in  1997,  102(cid:216)((cid:210))  required  a
detailed  opinion  from  the  Commission  recommending
changes  to  the  measure  to  eliminate  barriers  to  trade.  For
their  part,  the  Member  States  issued  113  opinions(cid:216)((cid:211)).

(˛)(cid:217)Council  Directive  83/189/EEC  (OJ  L  109,  26.4.1983)  laying
down  a  procedure  for  the  provision  of  information  in  the
field  of  technical  standards  and  regulation,  as  amended  by
Council  Directive  88/182/EEC  (OJ  L  81,  26.3.1988)  and
Directive  94/10/EC  of  the  European  Parliament  and  the
Council  (OJ  L  100,  19.4.1994).

(ˇ)(cid:217)Figure  at  31  December  1997.
(—)(cid:217)Figures  for  regulations  reported  in  1995  were  published  in

OJ  C  309,  18.10.1995.

((cid:209))(cid:217)Figures  for  regulations  reported  in  1996  were  published  in

OJ  C  311,  11.10.1996.

it 

In  one  case(cid:216)((cid:212))  the  Commission  had  to  ask  the  Member
State  for  a  one(cid:220)year  postponement  of  the  reported
measures  as 
intends  to  propose  a  harmonisation
measure,  and  in  another  two  cases(cid:216)((cid:213))  the  measures  will
have  to  be  postponed  for  a  year  because  of  an  overlap
with  a  draft  directive  or  regulation  already  before  the
Council.

the  Commission  has  been  monitoring
Since  1989 
compliance  with 
requirement  by
the  notification 
routinely  scrutinising  the  official  gazettes  of  all  the
Member  States.  When  it  discovers  a  breach  of  Directive
infringement  proceedings
83/189/EEC, 
under  Article  169  of  the  EC  Treaty.  By  the  end  of  1997,
about  70  procedures  of  this  type  were  under  investi(cid:220)
gation.

it  commences 

2.2.2. Progress  in  implementing  Directives  on  the  free

movement  of  goods

2.2.2.1.  F o o d s t u f f s

In  general,  the  Member  States  did  tend  to  adopt  national
measures  implementing  the  Directives  on  foodstuffs,  but
not  always  strictly  within  the  time  limits  laid  down  by
the  Directives.

In  1997,  the  Commission  decided  to  send  Article  169
letters  in  62  cases  involving  failure  to  report  national
implementing  measures.  It  issued  19  reasoned  opinions
and  closed  71  cases.

For  example,  a  number  of  Member  States  were  late  in
implementing  Directive  93/43/EEC  on  food  hygiene.
The  Directive,  adopted  unanimously 
in  1993,  should
have  been  implemented  by  December  1995,  but  seven
Member  States  had  still  not  done  so  on  1  January  1997.
implementing
Three  Member  States 
measures  after 
issued  a  reasoned
opinion.

the  Commission 

finally  adopted 

In  response  to  the  failure  to  implement  Directives  and
Regulations  on  foodstuffs  properly, 
the  Commission
decided  to  refer  one  case  to  the  Court  of  Justice,  issue  a

((cid:210))(cid:217)Provisional 

figure 

indicating 

reasoned
opinions  received  on  15  February  1998.  The  final  figure  may
be  higher  given  that  the  deadline  for  examination  of  certain
draft  regulations  is  31  March  1998.

the  number  of 

((cid:212))(cid:217)Provisional 

figure 

indicating 

reasoned
opinions  received  on  15  February  1998.  The  final  figure  may
be  higher  given  that  the  deadline  for  examination  of  certain
draft  regulations  is  31  March  1998.

the  number  of 

((cid:211))(cid:217)Provisional 

figure 

indicating 

reasoned
opinions  received  on  15  February  1998.  The  final  figure  may
be  higher  given  that  the  deadline  for  examination  of  certain
draft  regulations  is  31  March  1998.

the  number  of 

((cid:213))(cid:217)Provisional 

figure 

indicating 

reasoned
opinions  received  on  15  February  1998.  The  final  figure  may
be  higher  given  that  the  deadline  for  examination  of  certain
draft  regulations  is  31  March  1998.

the  number  of 

10.8.98

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reasoned  opinion  in  another  case,  and  sent  an  Article
169  letter  in  a  third.

Member  States  notified  the  -  belated  -  transposal  of
the  above  Directives.  Infringement  proceedings  are  under
way 
in  all  remaining  cases  of  non(cid:220)transposal  and
progress  is  being  closely  followed  by  the  Commission.

A  further  ten  or  so  complaints  were  lodged.  Quite  a  few
of  these  cases  were  settled  following  correspondence
between  the  Commission’s  departments  and  the  national
authorities.

2.2.2.2.(cid:217)Progress 
foodstuffs

in 

implementing  Directives  applicable 

to

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

84
84
84
84
84
84
84
84
84
84
84
84
84
84
84

72
82
71
77
76
75
74
75
81
82
75
71
83
83
79

%

86
98
84
92
90
89
88
89
96
98
89
84
99
99
94

Note:(cid:217)this  table  concerns  the  following  Directives:

73/241,  73/437,  74/409,  75/726,  76/118,  76/621,  77/436,
78/142,  78/663,  79/112,  79/168,  79/693,  79/796,  79/1066,
79/1067,  80/590,  80/766,  80/777,  80/891,  81/432,  81/712,
82/711,  83/417,  84/500,  85/503,  85/572,  85/591,  86/424,
87/250,  87/524,  88/344,  88/388,  88/593,  89/107,  89/108,
89/109,  89/344,  89/394,  89/395,  89/396,  89/397,  89/398,
90/128,  90/496,  90/612,  91/71,  91/72,  91/238,  91/321,  92/1,
92/2,  92/4,  92/39,  92/52,  92/115,  93/5,  93/8,  93/9,  93/10,
93/11,  93/43,  93/45,  93/77,  93/99,  93/102,  94/35,  94/36,  94/52,
94/54,  95/2,  95/3,  95/31,  95/45,  96/3,  96/4,  96/5,  96/8,  96/11,
96/21,  96/70,  96/77,  96/83,  96/84,  96/85.

2.2.2.3.  Pharmaceutical  products

after  Article 

took  place  only 

During  1997  a  considerable  number  of 
transposal
measures  were  notified  to  the  Commission.  In  some  cases
notifications 
169
proceedings  had  been  opened  by  the  Commission  against
the  respective  Member  States.  To  date,  nine  out  of
fifteen  Member  States  have  transposed  all  directives
applicable  in  the  pharmaceutical  sector.  The  situation
regarding  the  transposal  of  the  homeopathy  Directives
(92/73/EEC  and  92/74/EEC)  and  the  Directives  estab(cid:220)
lishing 
recognition
(93/39/EEC  and  93/40/EEC)  has  significantly  improved
and  several  infringement  proceedings  were  closed  after

system’  of  mutual 

"new 

the 

to 

the 

term 

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 
(sometimes
resulting  in  barriers  to  the  free  movement  of  goods)  and
complaints  concerning  the  alleged  failure  by  competent
national  authorities  to  observe  binding  time  limits  or
transposal  and
other  procedural  requirements.  The 
application  of  Article  4(8)(a) 
(i)(cid:220)(iii)  of  Directive
65/65/EEC  by  Member  States  is  also  the  subject  of
several  recent  complaints.

"medicinal  product’ 

The  Commission  is  carefully  considering  these  problems
and  complaints,  but  for  the  time  being  no  specific  legis(cid:220)
lative  activities  are  planned.  It  has  to  be  stressed,
however,  that  a  draft  consolidation  of  the  pharma(cid:220)
is
ceutical 
already  very  advanced  and  that  this  consolidation  will
increase  the  clarity  of  the  legislation  and  ultimately  the
effectiveness  of  its  implementation.

(both  human  and  veterinary) 

legislation 

2.2.2.4.(cid:217)Progress  in  implementing  Directives  applicable  to  phar(cid:220)

maceutical  products

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

32
32
32
32
32
32
32
32
32
32
32
32
32
32
32

30
32
30
31
32
27
32
32
32
32
31
32
32
32
30

%

94
100
94
97
100
84
100
100
100
100
97
100
100
100
94

Note:(cid:217)this  table  concerns  the  following  Directives:

65/65,  66/654,  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.  C h e m i c a l s

Infringement  proceedings  are  under  way  for  failure  to
notify  implementing  measures  in  the  following  cases:

C  250/20

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10.8.98

substances 

Dangerous 
(Directive
93/18/EC)  -  a  reasoned  opinion  has  been  sent  to  Italy,
while  Portugal  should  complete  transposal  in  the  next
few  months;

and  preparations 

Restrictions  on  the  marketing  and  use  of  dangerous
substances  and  preparations  (Directive  94/60/EC)  -
national  legislation  is  in  the  pipeline  in  Belgium,  Ireland,
Italy  and  Portugal.

although 

Fertilisers  -  Belgium,  France  and  Greece  have  been  sent
reasoned  opinions  for  failure  to  transpose  Directive
are
93/69/EC, 
expected  in  France.  Luxembourg  has  still  to  transpose
Directive  95/8/EC,  while  measures 
implement
Directive  96/28/EC  are  expected  in  Belgium,  Germany,
Greece,  France,  Luxembourg,  the  Netherlands,  Austria
and  Sweden.

implementing  measures 

to 

The  Commission  has  received  no  new  requests  under
Article  100a(4)  EC  in  respect  of  rules  stricter  than  those
laid  down 
in  the  chemicals  Directives.  Four  Article
100a(4)  requests  are  still  being  considered  by  the  relevant
to
relating 
Commission  departments,  all  of 
creosote,  which  is  regulated  by  Directive  94/60/EC.

them 

Note:(cid:217)this  table  concerns  the  following  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,
88/379,  89/178,  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,  93/112,  96/28.

2.2.2.7.(cid:217)Motor  vehicles, 

tractors  and  motor(cid:220)

c y c l e s

type(cid:220)approval
On  1  January  1996 
procedure  became  mandatory  for  vehicles  of  category
M1.  The  separate  directives  became  binding  as  a  result.

the  Community 

In  1997  the  transposal  of  directives,  so  vital  against  a
background  of  total  harmonisation,  was  again  going
smoothly  thanks  to  the  experience  acquired  by  the
competent  national  authorities.

Given  the  detailed,  technical  nature  of  the  motor  vehicles
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
transposal  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.

2.2.2.6.(cid:217)Progress 
chemicals

Member  State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

in 

implementing  Directives  applicable 

to

2.2.2.8.(cid:217)Progress  in  implementing  Directives  applicable  to  motor

vehicles,  tractors  and  motorcycles

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

47

47

47

47

47

47

47

47

47

47

47

47

47

47

47

43

43

42

44

44

45

43

43

44

43

43

43

42

45

43

%

91

91

91

94

94

98

91

91

94

91

91

91

91

98

91

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

201

201

201

201

201

201

201

201

201

201

201

201

201

201

201

190

190

195

188

191

192

190

189

185

188

190

191

190

192

189

%

94,5

94,5

97

94

95

95,5

94,5

94

94

94

94,5

95

94,5

95,5

94

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Note:(cid:217)this  table  concerns  the  following  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,  74/60,  74/61,
74/132,  74/150,  74/151,  74/152,  74/290,  74/297,  74/346,
74/347,  74/408,  74/483,  75/321,  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,  84/8,  84/372,  84/424,  85/205,  85/647,
86/297,  86/298,  86/415,  86/562,  87/56,  87/358,  87/402,  87/403,
87/405,  88/76,  88/77,  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,  92/21,  92/22,  92/23,  92/24,  92/53,  92/62,
92/97,  92/114,  93/59,  92/61,  93/14,  93/81,  93/91,  93/116,
93/29,  93/30,  93/31,  93/32,  93/33,  93/34,93/92,  93/93,  93/94
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,  95/28,  96/27,  96/79,
97/19,  97/20,  97/21,  97/27,  97/28,  97/29,  97/30,  97/31,  97/32,
97/39.

2.2.2.9.  Construction  products

The  Commission  commenced  an  action  in  the  Court  of
Justice  against  Belgium  for  failure  to  notify  national
measures  implementing  Directive  89/106/EEC.

There  are  also  particular  problems  in  Austria,  which  has
not  transposed  the  Directive  correctly.

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.(cid:217)Mechanical 

engineering, 

electronics,
personal  protection 
equipment,  gas
equipment,
pressure 
equipment, 
pre(cid:220)packaging,  measuring  equipment,
medical  devices  and  pleasure  craft

acquis  communautaire  by  a  new  Member  State,
cumbersome  legislative  process,  etc.)

There  have  been  some  problems  with  the  interpretation
of  texts,  for  example  as  regards  products  placed  on  the
market  at  the  end  of  the  transitional  period  provided  for
in  the  Directives.  In  such  cases  the  Commission  has
(initiation  of  Article  169
taken 
proceedings)  and  informal  action  (meetings  of  expert
committees,  interpretative  notes,  etc.),  which  has  helped
prevent  and  resolve  a  number  of  differences.

formal  measures 

for  certain  sectors, 

The  departments  responsible 
in
particular  machinery,  gas  appliances  and  simple  pressure
appliances,  have  also  examined  a  number  of  safeguard
clauses  notified  by  the  Member  States  in  connection  with
market  surveillance.  Following  these  notifications  the
Commission  gave  an  opinion  on  whether  these  restrictive
national  measures  were  justified.

The  Commission  closed  three  of  the  four  proceedings
for  failure  to  notify  national  measures 
implementing
Directive  94/11/EC  on  the  labelling  of  material  used  in
footwear 
(the  cases  against  Belgium,  France  and
Ireland),  but  decided  to  send  a  reasoned  opinion  to
Luxembourg.

(personal 

products), 

(construction 

Directive  93/68/EEC  amends  Directives  87/404/EEC
(simple  pressure  vessels),  88/378/EEC  (safety  of  toys),
89/106/EEC 
89/336/EEC
(electromagnetic compatibility), 89/392/EEC (machinery),
equipment),
89/686/EEC 
90/384/EEC 
instruments),
implantable  medical  devices),
90/385/EEC 
90/396/EEC 
fuels),
91/263/EEC  (telecommunication  terminal  equipment),
92/42/EEC  (new  hot(cid:220)water  boilers  fired  with  liquid  or
gaseous  fuels)  and  73/23/EEC  (electrical  equipment
designed  for  use  within  certain  voltage  limits).

protective 
(non(cid:220)automatic  weighing 
(active 
(appliances 

burning 

gaseous 

The  United  Kingdom,  Spain,  Portugal,  Greece,
Denmark  and  Sweden  have  transposed  all  the  Directives.

There  are  100  directives  in  this  field  which  had  reached
their  transposal  deadline  by  31  December  1997.

France,  Germany  and  Finland  have  transposed  all  the
Directives  except  92/42/EEC.

transposal  rate 

is  satisfactory,  considering 

The 
the
complexity  of  the  directives  in  this  field  (which  mostly
follow  the  "new  approach’).  In  any  case,  even  where
transposal  is  delayed  or  incomplete,  the  free  movement
of  products  does  not  appear  to  be  at  risk.  Delays  in
transposal  are  generally  due  to  domestic  reasons  in  the
Member  States  (opinion  of  constitutional  court  pending,
more  than  one  Minister  responsible,  adoption  of  the

The  Netherlands  has  transposed  all  the  Directives  except
91/263/EEC.

Belgium  has 
transposed  all 
89/106/EEC  and  90/385/EEC.

the  Directives  except

C  250/22

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10.8.98

Luxembourg  has  transposed  all  the  Directives  except
91/263/EEC  and  92/42/EEC.

transposal  problems  persist,  particularly  as 
regards
Directive  93/35/EEC  amending  Directive  76/768/EEC
for  the  sixth  time.

has 

Italy 
89/106/EEC, 
73/23/EEC.

transposed 

all 

90/396/EEC, 

the  Directives 
92/42/EEC 

except
and

transposed  all 

except
Ireland  has 
89/106/EEC,  89/336/EEC,  90/385/EEC,  91/263/EEC
and  92/42/EEC.

the  Directives 

transposed  all 

Austria  has 
except
88/378/EEC,  89/106/EEC,  89/392/EEC,  89/686/EEC,
90/385/EEC,  90/396/EEC  and  92/42/EEC.

the  Directives 

2.2.2.11.(cid:217)Progress 

in 

implementing  Directives  applicable 
engineering, 

electronics, 

mechanical 
protection 
equipment, 
medical  devices  and  pleasure  craft

gas 
equipment, 
pre(cid:220)packaging,  measuring 

equipment, 

to
personal
pressure
equipment,

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

102
102
102
102
102
102
102
102
102
102
102
102
102
102
102

93
101
97
100
96
98
92
95
94
97
99
98
99
99
91

%

92
99
95
98
94
96
90
93
92
95
97
96
97
97
89

Note:(cid:217)this  table  concerns  the  following  Directives:

69/493,  71/316,  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,  86/321,  86/663,  87/354,  87/355,  87/356,
87/404,  88/320,  88/316,  88/378,  88/571,  88/665,  89/240,
89/336,  89/392,  89/617,  89/676,  89/686,  90/18,  90/384,  93/385,
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,  95/16,  96/58.

2.2.2.12.  C o s m e t i c s

The  Commission  received  a  number  of  national  measures
cosmetics.  However,
implementing 

directives 

on 

for 

The  Member  States  had  been  given  an  extra  period  of
grace  pending  publication  by  the  Commission  of  the
inventory  provided 
in  Article  5a  of  Directive
76/768/EEC.  Although  the  inventory  was  published  on  1
the
June  1996 
infringement  proceedings 
transpose
Directive  93/35/EEC  have  been  reopened.  DG  III,
which  has  been  responsible  for  cosmetics  since  July  1997,
will  shortly  be  sending  reasoned  opinions  to  the  Member
States  which  have  yet  to  transpose  the  Directive.

(Decision  96/335/EEC),  none  of 

failure 

for 

to 

2.2.2.13.(cid:217)Progress 
cosmetics

in 

implementing  Directives  applicable 

to

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

33

33

33

33

33

33

33

33

33

33

33

33

33

33

33

26

33

31

31

31

29

32

31

33

33

31

27

31

33

33

%

79

100

94

94

94

88

97

94

100

100

94

82

94

100

100

Note:(cid:217)this  table  concerns  the  following  Directives:

76/768,  80/1335,  82/47,  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,  96/41,  95/32.

2.2.2.14.  T e x t i l e s

Two  new  Directives  entered  into  force  in  1997:  Directive
96/73/EC  of  the  European  Parliament  and  of  the
Council  of  16  December  1996  on  certain  methods  for
the  quantitative  analysis  of  binary  textile  fibre  mixtures
(consolidating  and  repealing  Directives  72/276,  79/76,
81/75  and  87/184)  and  Directive  96/74/EC  of  the

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European  Parliament  and  of 
the  Council  of  16
December  1996  on  textile  names  (consolidating  and
repealing  Directives  71/307,  75/36,  83/623  and  87/140).

2.2.2.15.(cid:217)Progress 

in 

implementing  Directives  applicable 

to

textiles

Member  State

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

3
3
3
3
3
3
3
3
3
3
3
3
3
3
3

3
3
3
3
3
3
3
3
3
3
3
3
3
3
3

%

100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

Note:(cid:217)this  table  concerns  the  following  Directives:

73/44,  96/73,  96/74.

2.2.2.16.(cid:217)Liability  for  defective  products

the  UK’s 

transposal  of 

The  Court  of  Justice  dismissed  the  action  brought  by  the
Commission  against  the  United  Kingdom  under  Article
169  of  the  Treaty  (Case  C(cid:220)300/95)(cid:216)(˛).  The  Commission
had  contested 
the  clause
exempting  producers  from  liability  as  provided  for  in
Article  7(e)  of  Directive  85/374/EEC  concerning
liability  for  defective  products  (development  risk).  The
Court  found  there  was  insufficient  evidence  to  establish
that  the  UK  had  failed  to  fulfil  its  obligations.  However,
its  interpretation  of  the  concept  of  the  state  of  technical
and 
the
scientific  knowledge  does  coincide  with 
Commission’s  view.

2.2.3. Free  movement  of  persons,  right  of  establishment  and

voting  rights

2.2.3.1.(cid:217)Ending  discrimination

On  the  question  of  civil  procedure  and  access  to  justice,
the  Commission  has  been  keeping  a  watchful  eye  to
ensure  that  national  authorities  respect  the  case(cid:220)law

the 

requirement 

established  by  the  Court  in  Data  Delecta(cid:216)(ˇ),  Hayes(cid:216)(—)
and  Saldanha(cid:216)((cid:209))  prohibiting 
that
Community  plaintiffs  who  bring  an  action  before  the
courts  of  a  Member  State  other  than  their  State  of  their
origin  must  lodge  a  sum  as  security  for  legal  costs  (the
cautio  judicatum  solvi).  All  national  rules,  irrespective  of
they 
the 
compatible  with
cover,  must  be 
Community 
law.  This  means  that,  where  necessary,
Community  law  takes  precedence  over  national  rules  in
the  field  of  private  law(cid:216)((cid:210)).

field 

2.2.3.2.  Entry  and  residence

Germany  has  now  transposed  the  Directives  on  the  right
of  residence  of  students  (93/96/EC),  retired  persons
(90/365/EEC)  and  other  persons  not 
in  active
employment  (90/364/EEC)  -  the  last  Member  State  to
do  so.  On  20  March  1997  the  Court  of  Justice  gave
judgment  against  Germany  in  Case  C(cid:220)96/95.  It  held  that
Germany  had  failed  to  fulfil  its  Treaty  obligations  by  not
adopting 
regulations  and  administrative
provisions  necessary  for  incorporating  Directives  90/364
and  90/365 
this
conclusion,  the  Court  found  that  the  manner  in  which
information  was  conveyed  to  the  competent  authorities
of  the  L…nder  (by  means  of  a  circular)  did  not  meet  the
requirements  of  publicity,  clarity  and  certainty  as  to  the
legal  situations  governed  by  the  directives.

into  national 

reaching 

laws, 

law. 

the 

In 

On  17  July  1997  Germany  implemented  the  judgment  by
adopting  a  decree  transposing  Directives  90/364,  90/365
and  93/96.

The  infringement  proceedings  under  way  for  incorrect
transposal  of  the  three  Directives  are  continuing.

The  Commission  decided  to  refer  cases  to  the  Court  of
Justice  concerning  the  implementation  of  provisions  on
the  declaration  of  financial  means  by  students  (France,
Italy  and  Spain),  the  financial  means  of  retired  persons
and  persons  not  in  active  employment  (France  and  Italy),
sickness 
insurance  for  students,  retired  persons  and
persons  not  in  active  employment  (France  and  Italy)  and
the  period  of  validity  of  residence  permits  for  retired
persons  not  in  active  employment  (Spain  and  Portugal).

(ˇ)(cid:217)Case  C(cid:220)43/95  [1996(cid:129)  ECR  I(cid:220)4661,  judgment  given  on  26

September  1996.

(—)(cid:217)Case  C(cid:220)323/95  [1997(cid:129)  ECR  I(cid:220)1711,  judgment  given  on  20

March  1997.

((cid:209))(cid:217)Case  C(cid:220)122/96,  judgment  given  on  2  October  1997  (not  yet

reported).

((cid:210))(cid:217)See  also  the  Court’s  judgment  in  Perfili  [1996(cid:129)  ECR  I(cid:220)161,

(˛)(cid:217)Judgment  given  on  29  May  1977  [1997(cid:129)  ECR  I(cid:220)2649.

given  on  1  February  1996.

C  250/24

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Other  proceedings  for  incorrect  transposal  of  the  three
Directives  are  at  an  earlier  stage.

A  number  of  proceedings  for  incorrect  transposal  were
legislation  concerned  was
closed  after 
amended 
the
Netherlands).

Ireland,  Luxembourg  and 

the  national 

(Denmark, 

States. 

Infringement 

As  guardian  of  the  Treaties,  the  Commission  pursued  a
number  of  proceedings  in  1997  to  ensure  that  Directive
94/80/EC  is  incorporated  into  national  law  by  all  the
Member 
against
Greece,  Finland,  Sweden  and  Spain  were  terminated
after  the  countries  in  question  adopted  implementing
measures.  On  26  June  the  Commission  decided  to  bring
an  action  in  the  Court  of  Justice  against  Belgium  for
failure  to  notify  national  implementing  measures  (Case
C(cid:220)323/97).

proceedings 

The  Commission  finally  decided  to  bring  an  action  in  the
Court  of  Justice  against  Greece  because  of  the  Greek
authorities’  practice  of  demanding  a  higher  fee  for  the
issue  of  residence  permits  to  members  of  EU  citizens’
families  who  are  nationals  of  non(cid:220)member  countries  than
to  EU  citizens  themselves.  The  Commission  believes  that
this  difference  of  treatment  is  contrary  to  the  Directives
on  right  of  residence.

On  7  January  1998,  the  Commission  adopted  a  report  on
the  application  of  Directive  93/109/EEC  on  the  right  of
Union  citizens  residing  in  a  Member  State  of  which  they
are  not  nationals  to  vote  and  stand  in  elections  to  the
European  Parliament  (COM(97)  371).  The  report  does
not  propose  any  amendments  to  the  Directive,  but  sets
out  possible  improvements  in  the  way  it  is  applied.

2.2.3.3.(cid:217)Progress  in  implementing  Directives  applicable  to  right

2.2.3.5.  Recognition  of  qualifications

of  residence

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

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

5

5

5

5

5

5

5

5

5

5

5

5

5

5

5

%

100

100

100

100

100

100

100

100

100

100

100

100

100

100

100

Note:(cid:217)this  table  concerns  the  following  Directives:

64/221,  73/148,  90/364,  90/365,  93/96.

2.2.3.4.  Right  to  vote  and  stand  in  elections

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  (Hamburg  and
Hessen),  Austria  (Burgenland,  Carinthia  and  Upper
Austria),  Italy,  Denmark,  Portugal  and 
the  United
Kingdom.

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:

the 

Following 
the
adoption  of  new 
Commission  closed  the  infringement  proceeding  against
Belgium  for  failing  to  comply  with  the  judgment  given
on  16  May  1991  (Case  C(cid:220)167/90)  concerning 
the
incorrect 
transposal  of  Directives  85/432/EEC  and
85/433/EEC  (pharmacists).

legislation, 

In  Case  C(cid:220)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.  On  30  January  1992  Greece  was  condemned  a
second  time  (Case  C(cid:220)328/90),  and  the  Greek  authorities
subsequently  amended  their  legislation,  which  made  it
possible  to  terminate  the  proceeding.

The  Article  171  proceedings  against  Italy  and  France
concerning  the  freedom  of  tourist  guides  to  provide
services 
judgment  given  on  26
February  1991)  are  pending.  Italy  has  notified  the
Commission  of  the  adoption  of  new 
legislation  and
France  has  sent  notification  of  a  draft  decree.

(implementation  of 

Two  other  cases  stand  out:

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C  250/25

services 

Following  the 
judgment  given  against  Spain  on  22
March  1994  concerning  the  freedom  of  tourist  guides  to
provide 
the
Autonomous  Communities  adopted  new  decrees  on  the
exercise  of  that  profession.  Following  remarks  made  by
the  Commission,  Spain  has  notified  new 
legislation
which  is  being  scrutinised.

(Case  C(cid:220)375/92), 

some  of 

Greece  notified  measures  to  bring  its  legislation  into  line
with  the  judgment  given  by  the  Court  on  26  February
1991  on  the  freedom  of  tourist  guides  to  provide
the
services.  After  scrutinising 
Commission  has  decided  to  close  the  case.

these  new  measures, 

National  implementing  measures

The  case  concerning  Greece’s  failure  to  notify  measures
transposing  Directive  89/48/EEC  (first  general  system),
on  which  the  Court  of  Justice  gave  judgment  on  23
March  1995  (Cases  C(cid:220)365/93),  has  now  been  referred  to
the  Court  once  more.  Proceedings  against  Belgium  were
terminated  after  the  Belgian  authorities  notified  national
implementing  measures.

Infringement  proceedings  have  also  been  commenced
against  Greece  regarding  Council  Directive  92/51/EEC
of  18  June  1992  on  a  second  general  system  for  the
recognition  of  professional  education  and  training,  which
supplements  Directive  89/48/EEC.

With  regard  to  Directive  94/38/EC  amending  Directive
92/51/EEC  with  respect  to  the  level  of  certain  qualifi(cid:220)
cations,  proceedings  are  also  under  way  against  several
Member  States.

Incorrect  transposal  and  incorrect  application  of  directives

In  1997  the  Commission  received  around  fifty  complaints
concerning  restrictions  in  breach  of  Articles  52  and  59  of
the  EC  Treaty  and  directives  on  the  mutual  recognition
of  professional  qualifications.  Some  of  these  complaints
gave  rise  to  infringement  proceedings,  while  others  were
shelved  as  unfounded.

The  Commission  pursued  a  number  of  proceedings
already  in  motion  against  Member  States  for  incorrect
incorrect  application  of  directives,  for
transposal  or 

example  the  case  concerning  the  transposal  of  Directive
89/48/EEC  (first  general  system)  with  regard  to  the
teaching  profession  in  Germany.

In  another  case,  proceedings  are  still  under  way  against
Germany  concerning  access  to  the  dental  profession
(requirements  not  allowed  by  the  dentists  Directives  for
admission  to  the  social  security  register  of  dentists  who
hold  non(cid:220)German  qualifications  which  conform  to  the
Directives).

The  Commission  decided  to  refer  to  the  Court  of  Justice
a  case  against  Spain  for  admitting  dentists  with  qualifi(cid:220)
cations  obtained  in  Latin  America  at  a  level  far  below  the
Directive’s  requirements.

It  has  also  pursued  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.

2.2.3.6.(cid:217)Progress  in  implementing  Directives  applicable  to  recog(cid:220)

nition  of  qualifications

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

63
63
63
63
63
63
63
63
63
63
63
63
63
63
63

63
63
63
59
63
63
63
63
63
63
62
63
62
63
63

%

100
100
100
93,6

100
100
100
100
100
100

98,5

100
98,5
100
100

Note:(cid:217)this  table  concerns  the  following  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(cid:216)(*),  75/363(cid:216)(*),  75/(cid:216)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,  86/17,  86/457(cid:216)(*),  89/48,  89/594,
89/595,  90/658(cid:216)(*),  92/51,  94/38,  95/43.

(*)(cid:217)These  Directives  were  consolidated  by  Directive  93/16 

(free
movement  of  doctors  and  mutual  recognition  of  diplomas,  certificates
and  other  evidence  of  formal  qualifications).

C  250/26

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10.8.98

2.2.3.7.  Independent  commercial  agents

After  sending  Ireland  a  reasoned  opinion  for  incorrect
independent
transposal  of  Directive  86/653/EEC  on 
commercial  agents,  the  Commission  terminated  Article
169  proceedings  after 
the  Irish  authorities  adopted
additional  implementing  measures.  It  also  shelved  the
proceedings  under  way  against  Portugal  after  the  auth(cid:220)
orities  there  gave  a  satisfactory  reply  to  its  letter  of
notice  under  Article  169.

Finally,  the  Commission  has  decided  to  send  a  reasoned
opinion  to  the  Italian  authorities  for  incorrect  transposal
of  the  Directive.

2.2.4.  Freedom  to  provide  services

2.2.4.1.  Articles  59  et  seq.

Articles  59  et  seq.  of  the  Treaty  establish  the  principle  of
the  free  movement  of  services,  i.e.  cross(cid:220)border  trade  in
services  of  a  temporary  nature.  This  principle  became
directly  and  unconditionally  applicable  on  expiry  of  the
transition  period, 
the  Commission  has
ensured  that  it  is  correctly  applied  in  the  light  of  the
Court  of  Justice  case  law.

since  when 

The  Court  has  condemned  the  existence  not  simply  of
discrimination  but  also  of  restrictions,  even  if  they  are
the  result  of  the  imprecise  application  of  a  national  rule.

terms  of 

In 
services  which  are  not  regulated  at
Community  level,  the  Commission  ensures  that  where
discrimination  or  restrictions  that  are  not  justified  by
vital  reasons  of  national  interest  are  encountered,  the
situation  is  corrected.

The  Commission  thus  sent  a  reasoned  opinion  to  the
Italian  authorities  on  the  subject  of  Act  No  82  of  25
January  1994,  which  obliges  cleaning  services  to  be
included  in  two  official  registers.  This  is  an  unjustifiable
obstacle  to  freedom  to  provide  services.

Likewise,  the  refusal  by  the  Belgian  authorities  to  grant
flight  authorisations  to  economic  operators  who  wish  to
they  have  no  aeroplane
if 
take  aerial  photographs 
registered 
unjustified
an 
in  Belgium, 
restriction,  as  a  result  of  which  the  Commission  has  sent
a  reasoned  opinion  to  the  Belgian  authorities.

constitutes 

As  far  as  private  security  services  are  concerned  (private
detectives,  transport  of  securities,  installation  and  main(cid:220)

tenance  of  alarm  systems),  the  Commission  has  brought
infringement  proceedings  against  three  Member  States.
In  March  1997,  it  referred  to  the  Court  of  Justice  the
discriminatory 
in
Spanish  law,  which  it  considers  to  be  incompatible  with
Article  59,  and  sent  a  reasoned  opinion  in  October  1997.
The  Commission  also  sent  a  reasoned  opinion  on  the
same  subject  to  Portugal  and  Belgium  in  June  1997.

restrictions  based  on  nationality 

The  discrimination  may  be  based  on  the  place  of
business,  as  is  the  case  for  the  application  of  a  bilateral
subcontracting  agreement  between  a  Member  State  and  a
the  German  authorities
non(cid:220)member  country.  Thus, 
allow  only  businesses  that  are  established  in  Germany  to
subcontract  with  Polish  companies  and  effect 
the
subcontracting  by  seconding  Polish  workers  to  German
territory.  Businesses  established  in  another  Member  State
are  not  allowed  to  do  this.  The  Commission  considers
the  situation  to  be  incompatible  with  Article  59  and  gave
a  reasoned  opinion  in  October  1997.

2.2.4.2.  A u d i o v i s u a l / M e d i a

field, 

stage, 

communications 

following  which 

infringement  proceedings 

the  Commission
In 
the 
commenced 
for  breach  of
Articles  52  and  59  of  the  Treaty,  following  complaints
it.  The  proceedings  reached  the  reasoned
made  to 
the  Member  State
opinion 
concerned 
legislation  with
aligned 
Community  law  (certain  provisions  on  the  pursuit  of
television  broadcasting  activities).  According  to  these
provisions,  the  foreign  share  of  a  broadcaster’s  capital
could  not  represent  more  than  15(cid:216)%  of  the  company’s
capital;  furthermore,  the  applicant  for  a  broadcasting
licence  had  to  be  established  in  Portugal.

(Portugal) 

its 

As  far  as  the  audiovisual  field  is  concerned,  it  should  be
emphasised  that  all  the  Member  States  have  notified
national  measures  to  implement  Directive  89/552/EEC
(television  without  frontiers).

Two  infringement  proceedings  concerning  Belgium  and
the  United  Kingdom,  in  which  the  Court  of  Justice  gave
judgment  on  10  September  1996,  are  on  the  way  to
being  settled.

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  authorisation  for  television  broadcasts
emanating  from  another  Member  State  was  in  breach  of
the  principle  of  freedom  of  reception  and  retransmission

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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.

Infringement  proceedings  are  also  under  way  against
Finland,  France,  Greece  and  Italy.

On  30  July  1997,  the  new  Television  without  Frontiers
into  force  (Parliament  and  Council
Directive  came 
Directive  97/36/EC  of  30  June  1997,  OJ  L  202,
30.7.1997,  p.  60).

the  1989  directive  regulating
This  directive  amends 
television  broadcasting  activities,  updating  it  and  clar(cid:220)
ifying 
its  provisions.  The  main  amendments  clarify
certain  definitions  such  as  the  concepts  of  "television
advertising’,  "teleshopping’,  "European  works’,  and  the
broadcasting  of  "events  of  major  importance  for  society’,
introduce  rules  on  teleshopping  and  channels  exclusively
devoted  to  self(cid:220)promotion,  strengthen  the  protection  of
minors,  in  particular  by  making  it  compulsory  to  include
identifying  unencoded  programmes  which
a  warning 
could  be  harmful  to  minors  and  asking  the  Commission
to  carry  out  a  survey  of  the  efficiency  of  v(cid:220)chip  type
filtering  systems;  and  they  set  up  a  forum  for  consul(cid:220)
tation  between  the  Member  States  and  the  Commission
on  the  application  and  development  of  legislation  in  this
field,  on  which  subject  the  Commission  will  write  a
periodic 
technological  devel(cid:220)
opments.

surveying  new 

report 

The  Commission,  through  its  contact  committee,  will
ensure  that  this  Directive  is  correctly  transposed  by  the
deadline,  i.e.  30  December  1998.

2.2.4.3.  T e l e c o m m u n i c a t i o n s

telecommuni(cid:220)
The  directives  making  up  Community 
cations  legislation  set  the  date  of  1  January  1998  for  the
creation  of  a  liberalised  and  harmonised  European  tele(cid:220)
communications  market.  Almost  all  the  directives  were  in
place  in  1997,  and  should  be  transposed  into  national
law  by  the  end  of  this  year  at  the  latest.

liberalised 

The  fundamental  importance  of  implementing  a  legis(cid:220)
lative  framework  is  recognised  throughout  the  Union.
First  of  all,  a  single, 
telecommunications
market  is  essential  to  the  creation  of  the  information
society  in  Europe,  with  all  that  that  implies  in  terms  of
growth,  employment  and  quality  of  life.  Secondly,  the
importance  of  the  1  January  1998  deadline  has  increased
as  a  result  of  the  Community’s  commitment  to  open  its
market  in  accordance  with  the  WTO  agreement  on  basic
telecommunications  services.

to 

the  Council, 

On  29  May  1997,  the  Commission  adopted  a  first
communication 
the  European
Parliament,  the  Economic  and  Social  Committee  and  the
Committee  of  the  Regions  on  the  state  of  implemen(cid:220)
tation(cid:216)(˛).  The  aim  of  this  document  was  to  review  the
situation  of  the  directives  as  a  whole,  including  those
that  were  not  yet  in  force;  to  state  how  the  Commission
envisaged 
transposal  and
effective  implementation  of  legislation,  stressing  the  use
of  recourse  to  informal  measures,  combined  with  full
application  of  the  infringement  procedure;  in  particular,
closely  examining  several  essential  aspects  of  the  legis(cid:220)
lation  which  could  be  considered  to  be  indicative  of  the
regulatory
state  of  progress 
framework  for  the  date  set  for  complete  liberalisation.

task  of  ensuring 

transposing 

the 

the 

the 

in 

At  its  meeting  on  27  June  1997,  the  Council  scrutinised
the  communication  and  asked  the  Commission  to  rapidly
consult  the  Member  States  and  report  on  progress  at  its
next  and  subsequent  meetings.

The  Commission  adopted  an  update  of 
first
communication  on  8  October  1997(cid:216)(ˇ).  It  concluded  by
saying  the  considerable  progress  made  in  transposing  the
legislation  was  encouraging.  However,  clearer  support  is
needed  in  a  few  Member  States,  while  in  some  other
Member  States  work  remains  to  be  done  on  certain
specific  aspects.

this 

The  Commission  intends  to  present  an  updated  report  at
the  beginning  of  1998  on  the  basis  of 
its  bilateral
contacts  with  the  Member  States.  At  this  stage  it  is
planned  that  the  report  should  contain  a  more  compre(cid:220)
hensive  table  showing  the  state  of  transposal  of  the  legis(cid:220)
lative  framework.  The  report  will  also  present  a  series  of
indicators  of  the  real  and  effective  state  of  implemen(cid:220)
tation  of  the  measures  transposed  into  national  law,  and
will  provide  an  initial  indication  of  how  the  European
telecommunications  market  is  functioning,  on  the  basis
of  relevant  economic  indicators.

As  regards 
directives  and  decisions,  the  situation  is  as  follows.

transposal  of 

the  state  of 

the  various

Framework  Directive  90/387/EEC  prescribing  the  prin(cid:220)
ciples  to  be  applied  to  the 
implementation  of  open
network  provision  (ONP)  has  been  transposed  by  all  the
Member  States.

All  the  Member  States  have  communicated  national
implementing  Directive  92/44/EEC  (leased
measures 
lines),  but 
in  Greece  and
Luxembourg.  Luxembourg  was  sent  an  Article  171  letter

incomplete 

these  are 

(˛)(cid:217)COM(97)  236.
(ˇ)(cid:217)COM(97)  504.

C  250/28

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in  1997.  The  Commission  is  still  examining  the  state  of
transposal  of  the  Directive  in  Belgium  and  Portugal.  The
in  1997  against  Austria  were
proceedings  opened 
terminated  following  notification  of  the 
implementing
measures.

All  the  Member  States  except  Greece  have  adopted
measures  required  under  Decision  91/396/EEC  on  the
introduction  of  "112’  as  the  standard  emergency  services
number  throughout  the  Union.  Spain  and  Portugal  did
so  in  1997  and  the  infringement  proceedings  against
them  were  therefore  closed.

All  the  Member  States  except  Greece  have  notified
national  measures  transposing  Directive  95/62/EC  on
the  application  of  open  network  provision  (ONP)  to
voice  telephony,  though  these  are  not  complete  in  the
case  of  Belgium  and  Luxembourg.  The 
infringement
that  had  been  opened  against  France,
proceedings 
Ireland,  Italy  and  the  United  Kingdom  were  closed  in
1997  following  notification  of  the  national  measures.

framework  and 

Parliament  and  the  Council  adopted  three  directives  in
1997  with  31  December  1997  as  the  deadline  for
transposal.  They  were  Directives  97/51  (amendment  of
the 
lines  directives),  97/13
(licences)  and  97/33  (interconnection).  Some  Member
States  have  already  notified  implementing  measures  (see
Annex  4),  but  the  transposal  situation  will  be  examined
in  the  next  annual  report.

leased 

Directive  91/263/EEC  on  telecommunications  terminal
equipment  has  been  transposed  by  all  the  Member  States.
The  Netherlands,  to  which  a  reasoned  opinion  was  sent
in  1997,  notified  its  implementing  measures  in  December
1997.  Infringement  proceedings  against  the  four  Member
States  that  the  Court  had  found  against  in  1995  (Belgium
and  Greece)  and  1996  (Ireland  and  Luxembourg)  were
closed,  following  the  adoption  of  national  implementing
measures.

to 

the  equipment  of  ground 

Directive  93/97/EEC  extends  the  scope  of  Directive
91/263/EEC 
satellite
tracking 
(Denmark,
stations.  Ten  Member  States 
Germany,  Spain,  Finland,  France,  Italy,  the  Netherlands,
the  United  Kingdom)  have
Portugal,  Sweden  and 
notified  the  Commission  of  national  measures  trans(cid:220)
posing  the  new  Directive.  In  1997  five  reasoned  opinions
(Belgium,  Greece, 
the
Netherlands)  and  one  Article  169  letter  (Austria)  were
sent  to  the  Member  States  which  had  not  notified  their
implementing  measures.  The  Netherlands  notified 
its
implementing  measures  in  December  1997,  as  they  did
for  Directive  91/263/EEC.

Ireland,  Luxembourg 

and 

All  the  Member  States  have  notified  national  measures
implementing  the  three  Directives  on  frequencies  -
Directives  87/372/EEC  (GSM),  90/544/EEC  (Ermes)
and 
is
reviewing 
transposal  of  Directive
90/544/EEC  by  the  United  Kingdom.

(DECT).  The  Commission 

91/287/EEC 
the 

state  of 

All  the  Member  States  have  already  introduced  "00’  as
the  standard  code  for  access  to  the  international  network
in 
in  accordance  with  Decision
92/264/EEC.

the  Community, 

States 

(Denmark, 

five  Member 

Finally, 
Spain,
Luxembourg,  Finland  and  the  United  Kingdom)  have
transposing  Directive
notified 
95/47/EEC  on  the  use  of  standards  for  the  transmission
of  television  signals.  Infringement  proceedings  against
the  other  Member  States  were  opened  in  1997.

national  measures 

2.2.4.4.(cid:217)Progress  in  implementing  Directives  applicable  to  tele(cid:220)

communications

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

12
12
12
12
12
12
12
12
12
12
12
12
12
12
12

6
9
8
5
9
10
7
10
6
8
8
8
12
8
12

%

50
75
67
42
75
83
58
83
50
67
67
67
100
67
100

Note:(cid:217)this  table  concerns  the  following  Directives:

87/372,  90/387,  90/544,  91/263,  91/287,  92/44,  93/97,  95/62,
96/870,  97/51,  97/13,  97/33.

2.2.4.5.  Financial  services

As  a  means  of  consolidating  administrative  cooperation
and  resolving  problems  quickly,  in  1997  the  Commission
maintained  regular  contacts  with  the  national  authorities
through 
(Banking  Advisory
Committee,  Insurance  Committee,  UCITS  -  Under(cid:220)
takings 
in  Transferable
Securities  -  Contact  Committee),  ad  hoc  interpretation
insurance
groups  (the  banking  Directives  group,  the 

institutional  committees 

for  Collective 

Investment 

10.8.98

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group  and  the  capital  adequacy  Directive  group,  etc.)
and  high(cid:220)level  working  parties  (HLSSC  -  High(cid:220)Level
Security  Supervisors  Committee  - 
for  negotiable
securities).

In  the  field  of  insurance,  the  Commission  commenced
infringement  proceedings  for  breaches  of
four  new 
Articles  52  and  59  of  the  EC  Treaty  and  the  Directives
under  Article  169  of  the  Treaty.  All  cases  were  detected
by  the  Commission  itself.  One  of  the  proceedings  opened
the  Member  State
in  1996  was 
the
law. 
concerned  complied  with  Community 
In 
banking 
two  new
proceedings  in  1997,  one  on  the  basis  of  a  complaint,  the
other  detected  by  the  Commission.

the  Commission  opened 

shelved  because 

sector, 

reached 

infringement  proceedings  have 

the
Many 
reasoned  opinion  stage.  In  the 
insurance  sector,  the
number  of  proceedings  for  non(cid:220)compliance  or  incorrect
application  officially  opened  in  1997  was  considerably
higher  than  in  1996.  This  can  be  explained  by  the  fact
that,  in  view  of  the  great  complexity  of  the  insurance
sector,  the  discussions  started  with  national  governments
in  the  context  of  the  proceedings  launched  in  1996  have
not  yet  borne  fruit.  In  the  banking  sector,  the  failure  to
transpose  Directive  95/26/EEC  ("post(cid:220)BCCI’)  resulted  in
the  Commission  deciding  to  send  reasoned  opinions  to
eight  Member  States.

In  the  banking  sector,  the 
infringement  proceedings
opened  against  Italy  because  of  its  discriminatory  tax
treatment,  in  terms  of  mortgage  credit,  to  banks  that
were  not  established 
in  Italy  (see  13th  report)  was
terminated  as  Italy  complied  with  the  Commission’s
reasoned  opinion.

for 

As  regards  securities,  the  Commission  decided  to  send  a
reasoned  opinion 
transpose  Directive
failure 
93/22/EEC  (investment  services  in  the  securities  field)  to
Greece,  Spain,  Portugal  and  Luxembourg,  and 
for
it
incomplete 
decided  to  refer  Spain,  Luxembourg  and  Germany  to  the
Court.

to  Germany.  Subsequently 

transposal 

to 

As  regards  Directive  92/49/EEC  and  92/96/EEC  (third
"non(cid:220)life’  and  "life’  insurance  Directives),  the  cases  before
the  Court  against  Greece  for  failure  to  notify  national
implementing  measures  transposing  these  two  directives
were  withdrawn,  while  the  Court  ruled  against  Spain
regarding  Directive  92/49/EEC.  However,  even  though
most  of  the  Member  States  have  already  notified  the
measures  taken  for  these  two  directives,  the  transposal  or
application  of  the  directives  is  not  problem(cid:220)free.  There
are  several  cases  of  incomplete  or  incorrect  transposal.

The  Commission  suspended  its  decision  to  refer  Spain  to
the  Court  for  failure  to  notify  its  national  implementing
measures  for  Directive  92/96/EEC,  pending  judgment  in
the  case  on  Directive  92/49/EEC.  Furthermore,  a
reasoned  opinion  was  also  sent  to  Spain  regarding
Directive 
consolidated
accounts  of  insurance  companies),  and  it  was  decided  to
refer  the  case  to  the  Court.  The  Court  also  found  against
Spain  for  failure  to  transpose  Directive  91/371/EEC
concerning  an  agreement  with  Switzerland.

91/674/EEC 

(annual 

and 

the  cases  of 

Finally, 
transpose  Directive
failure 
91/674/EEC  by  Italy,  90/618  (motor  vehicle  liability
insurance)  and  90/619  (second  life  insurance  directive)
by  Spain,  and  93/22/EEC  (investment  services  in  the
securities  field)  by  Greece  and  Portugal  were  terminated.

to 

In  the  securities  sector,  it  was  decided  to  refer  Germany
to  the  Court  for  infringement  of  Articles  52  and  59  of
the  EC  Treaty  by  discriminating  against  UK  investment
trusts  both  with  respect  to  public  offers  of  their  shares  in
Germany  and  in  terms  of  taxation.

In  the  banking  sector,  it  was  decided  to  refer  Austria  to
the  Court  of  Justice  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).

In  the  banking  sector,  it  was  decided  to  send  reasoned
opinions  for  failure  to  transpose  Directive  95/26/EEC
("post(cid:220)BCCI’)  to  Germany,  Spain,  Italy,  Luxembourg,
Belgium,  Ireland,  France  and  Greece.  It  was  decided  to
refer  Germany  to  the  Court  of  Justice  for  its  failure  to
transpose  Directive  94/19/EC  on  deposit  guarantees.  A
suspended  referral  was  made 
in  respect  of  Directive
93/6/EC  on  the  capital  adequacy  of  investment  firms
and  credit  institutions  as  Germany  had  transposed  the
Directive  but  had  not  yet  officially 
the
Commission.

informed 

In  the  insurance  field,  the  Commission  sent  a  reasoned
opinion  to  France  for  failing  to  implement  Directives
92/49/EEC  and  92/96/EEC  in  their  entirety,  in  view  of
the  fact  that  no  measure  adapting  the  mutual  insurance
code  to  the  third  non(cid:220)life  and  life  insurance  directives
has  been  notified  to  date.

A  reasoned  opinion  was  also  sent  to  Belgium  because
insurance
the 
Belgian 

supervision  of 

legislation  on 

C  250/30

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10.8.98

companies  excludes  accidents  at  work  from  Directive
92/49/EEC.  The  Commission  considers  that  such  risks
are  covered  by  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  in  1996.

However,  the  Court  has  not  yet  given  its  preliminary
ruling  in  Case  C(cid:220)410/96  (Procureur  de  la  R~publique  v
Andr~  Ambry),  concerning  the  recognition  by  a  Member
State  of  a 
in  another
financial  guarantee  granted 
Member  State.

for 

incorrect 

application 

The  Commission  has  yet  to  send  a  reasoned  opinion  to
Germany 
of  Directive
92/49/EEC,  as  was  decided  in  1996.  In  its  legislation
implementing  this  Directive,  Germany  formally  abolished
the  provision  prohibiting  the  simultaneous  transaction  of
health 
insurance  and  other  classes  by  non(cid:220)German
companies  hoping  to  set  up  a  branch  or  operate  as
line  with  the  third
service(cid:220)providers 
non(cid:220)life  insurance  directive,  which  ruled  out  this  possi(cid:220)
bility.  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  simul(cid:220)
taneously,  irrespective  of  where  it  had  its  headquarters.
This  was  an  indirect  violation  of  Directive  92/49/EEC.

in  Germany, 

in 

Furthermore,  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.  Finally,  the  Commission
decided  to  send  a  reasoned  opinion  to  France  because  it
required  insurers  to  fill  out  an  information  sheet  before
putting  new  insurance  policies  on  the  market,  in  breach
of  Directives  92/49/EEC  and  92/96/EEC,  which
prohibit  Member  States 
stipulating  provisions
requiring  the  prior  approval  or  systematic  notification  of
the  general  and  special  conditions  of  insurance  policies.

from 

the 

into 

force  of 

As  regards  requests  for  preliminary  rulings,  the  Court  of
Justice  reached  a  decision  on  9  July  1997 
in  Case
C(cid:220)222/95  concerning  a  Member  State’s  right,  before  the
entry 
second  banking  Directive
(89/646/EEC),  to  require  a  Community  credit  estab(cid:220)
lishment  already  accredited  in  its  country  of  origin  to
obtain  further  accreditation  in  order  to  enjoy  freedom  to
provide  services  on  its  territory.  The  Court  held  that
such 
contravene
Community  law  unless  it  was  not  discriminatory,  was
justified 
interest  and  was
objectively  necessary  and  in  proportion  with  the  aims
pursued.

accreditation  would 

reasons  of  general 

second 

for 

a 

internal  market 

Furthermore,  in  a  judgment  given  on  20  March  1997
(Case  C(cid:220)57/95)  following  an  action  for  annulment
introduced  by  France  against  the  Commission,  the  Court
annulled  Commission  communication  94/C  360/08  on
an 
funds.  The  Court
for  pension 
considered  that  this  communication  did  not  confine  itself
to  clarifying 
the  Treaty
the  correct  application  of 
provisions,  but  was  intended  to  produce  legal  effects  of
its  own,  distinct  from  those  already  envisaged  by  those
provisions.

the  Commission 

As  regards  the  case  brought  against  the  Commission  by
the  departmental  farmers’  union  for  failure  to  act  (Case
T(cid:220)47/96),  on  the  grounds  that,  contrary  to  the  plaintiffs’
commenced
requests, 
infringement  proceedings  against  France  for 
incorrect
transposal  of  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,  the  Court  has  not  yet  given  its  judgment  in
the  case  brought  before  the  Court  of  First  Instance.

had 

not 

to 
liability 

transpose  Directives  90/618/EEC 

Greece  has  now  implemented  judgments  given  for  its
failure 
(motor
insurance  -  provision  of  services),
vehicle 
90/619/EEC 
insurance  directive)  and
insurance  directive)  -
88/357/EEC  (second  non(cid:220)life 
(Joined  Cases  C(cid:220)109/94,  C(cid:220)209/94  and  C(cid:220)225/94;
judgment  given  on  29  June  1995).

(second 

life 

(Case  C(cid:220)112/96),  91/674/CEE 
and 

it  had
Actions  against  Greece  were  withdrawn,  as 
(Case  C(cid:220)111/96),
transposed  Directives  92/49/EEC 
(Case
92/96/EEC 
C(cid:220)110/96) 
(Case  C(cid:220)109/96).
91/371/EEC 
Proceedings  against  Ireland  for  failure  to  transpose
(Case  C(cid:220)394/95)  are  being
Directive  91/371/EEC 
continued.  The  Court  also  found  against  Spain  for
incomplete  transposal  of  Directives  92/49/EEC  (Case
C(cid:220)361/95)  and  91/371/EEC  (Case  C(cid:220)360/95).

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accounts  of 

The  action  against  Italy  was  also  withdrawn,  as  it  has
transposed  Directive  91/674/EEC  (annual  accounts  and
consolidated 
insurance  undertakings).
Finally,  the  Commission  commenced  an  action  in  the
Court  of  Justice  against  Belgium  (Case  C(cid:220)97/608)  for
incomplete  transposal  of  Directive  90/232/EEC  (third
vehicle  insurance  Directive).

2.2.4.6.(cid:217)Progress 

in 

implementing  Directives  applicable 

to

financial  services

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Autria
Portugal
Finland
Sweden
United  Kingdom

48
48
48
48
48
48
48
48
48
48
48
48
48
48
48

46
48
44
47
42
45
46
46
46
48
48
48
48
48
48

%

95,8
100

91,6
97,9
87,5
93,8
95,8
95,8
95,8

100
100
100
100
100
100

Note:(cid:217)this  table  concerns  the  following  Directives:

64/225,  72/166,  73/183,  73/239,  77/92,  77/780,  78/473,  79/267,
79/279,  80/390,  82/121,  84/5,  84/641,  85/611,  86/635,  87/343,
87/344,  87/345,  88/220,  88/357,  88/627,  89/117,  89/298,
89/299,  89/592,  89/646,  89/647,  90/211,  90/232,  90/618,
90/619,  91/308,  91/371,  91/633,  91/674,  92/30,  92/49,  92/96,
92/121,  93/6,  93/22,  94/7,  94/19,  95/15,  95/26,  95/67,  96/10,
96/13.

2.2.4.7.  Commercial  communications

national  provisions  continue  to  constitute  impediments  to
the  free  movement  of  capital  and  action  has  been
initiated  by  the  Commission  for  their  elimination.  The
infringement  procedure  has  reached  reasoned  opinion
stage  in  the  case  of  France,  concerning  the  ban  on
foreign  certificates  of  deposit  denominated 
in  FF
(although  the  connected 
issue  was
resolved),  Greece,  regarding  restrictions  on  real  estate
acquisition  in  border  areas,  while  a  referral  to  the  ECJ
has  been  decided  in  the  case  of  Germany,  concerning  the
ban  on  foreign  certificates  of  deposit  denominated  in
DM  and  the  requirement  that  lead  managers  have  to  be
established  in  the  country.

lead  management 

2.2.6.  Company  law

Apart  from  the  cases  listed  below  where  no  measures
have  been  notified,  and  a  few  problems  with  incorrect
implementation, 
seriousness  of  which  will  be
examined  in  a  study  on  Directives  78/660/EEC  and
83/349/EEC  to  be  completed  by  the  end  of  1998,  no
particular  difficulties  have  arisen  regarding  the  transposal
of  directives  in  this  field.

the 

(companies 

The  Commission  has  brought  an  action  against  Germany
(Case  C(cid:220)191/95)  for  incorrect  application  of  Directive
68/151/EEC 
register)  and  78/660/EEC
(annual  accounts).  About  90(cid:216)%  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
implementing 
90/605/EEC
measures 
(amending 
the  Directives  on  annual
the  scope  of 
accounts  and  consolidated  accounts).

Directive 

Over  the  course  of  the  year  the  Commission  has  received
several  complaints  about  restrictions  on  cross(cid:220)border
commercial  communication 
spon(cid:220)
sorship,  promotion 
services.  The
Commission  is  examining  these  cases.

services,  especially 
advertising 

and 

2.2.5.  Free  movement  of  capital

The  Commission  has  also  sent  an  Article  169  letter  to
Italy  for  incorrect  application  of  Directive  84/253/EEC
(qualifications 
Italian
government  has  not  yet  put  into  effect  the  implementing
measures  in  Italian  law  transposing  this  directive.

auditors).  The 

required  of 

is 

in  the  EU 

The  situation  concerning  the  free  movement  of  capital
and  payments 
in  general  satisfactory.
Further  progress  was  made  during  the  year  with  the
elimination  of  restrictions  on  the  physical  transfer  of
means  of  payments  and  investment  abroad  by  residents,
by  Greece,  and  on  the  physical  transfer  of  means  of
payments  by  Italy.  However,  in  a  number  of  cases,

the 

commenced
infringement  proceedings 
Finally, 
against  Greece  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)  are  to  be  brought  before  the
Court  in  1998  and  those  against  Finland  for  failure  to
implementing  Directives
notify 
78/660/EEC, 
and
90/605/EEC  have  reached  the  reasoned  opinion  stage.

national  measures 

83/349/EEC, 

90/604/EEC 

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10.8.98

2.2.6.1.(cid:217)Progress 

in 
company  law

implementing  Directives  applicable 

to

marks  into  their  legislation;  trade  marks  which  have  been
registered  under 
international  arrangements  but  have
effect  in  the  Member  States.

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

12
12
12
12
12
12
12
12
12
12
12
12
12
12
12

12
12
11
11
12
12
12
12
11
12
12
12
8
12
12

%

100
100
92
92
100
100
100
100
92
100
100
100
67
100
100

However,  the  Directive  covers  only  substantive  law  on
registered  trade  marks;  none  of  its  provisions  is  aimed  at
harmonising  procedures.

The  deadline  for  the  transposal  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  transposal  of  this  Directive.  The  Spanish  authorities
notified  the  Commission  of  transposal  even  before  the
Directive  had  been  adopted.  The  Commission 
is
currently  checking  that  the  measures  adopted  at  national
level  conform  to  the  Directive.

Note:(cid:217)this  table  concerns  the  following  Directives:

68/151,  77/91,  78/660,  78/855,  82/891,  83/349,  84/253,  89/666,
89/667,  90/604,  90/605,  92/101.

Intellectual  property

2.2.7.  Intellectual  and  industrial  property

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  harmonisation  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 
these
harmonised  fields,  the  Member  States  retain  complete
freedom  to  lay  down  arrangements  best  suited  to  their
traditions.

internal  market.  Outside 

the 

The  scope  of  harmonisation  is  defined  by  the  Directive
as  follows:  registered  trade  marks  only  (arrangements  for
protecting  trade  marks  resulting  from  usage  are  left  up
to  the  Member  States);  all  categories  of  registered  trade
marks  recognised  by  national  legislation  (trade  marks  in
respect  of  products  or  services,  individual  trade  marks,
collective  marks  and  guarantee  or  certification  marks),
though  this  does  not  mean  that  the  Member  States  are
required  to  introduce  these  various  categories  of  trade

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

long  delays  and  often  only  after 

the 

situation  has  considerably 

However, 
improved,
particularly  over  the  last  year.  While  in  1996  only  three
implementing
Member  States  had  notified  national 
measures  for  all  the  Directives  applicable  on  1  January
1997,  this  year  twelve  Member  States  had  done  so.

The  Commission  will  continue  its  efforts  to  make  sure
that  all  the  Member  States  transpose  the  Directives  into
national  law  and  will  also  ensure  that  they  are  correctly
applied  -  incorrect  application  appearing  to  be  the  main
reason  for  litigation.

topographies  of 
the 

All  the  Member  States  have  now  notified  their  national
measures  transposing  Directive  87/54/EEC  on  the  legal
semiconductors  and
protection  of 
legal  protection  of
Directive  91/250/EEC  on 
computer  programs.  Examination  of 
the  measures
notified  by  the  United  Kingdom  transposing  the  latter
directive  has,  however,  revealed  problems  of  compati(cid:220)
bility  with  Community  legislation,  the  UK  having  chosen
to  retain  certain  concepts  of  copyright  in  the  transposal
of  the  Directive,  instead  of  adapting  its  traditions  in  this
area  to  the  requirements  of  the  Community  regulations.
After  an  Article  169  letter  was  sent  to  the  UK  and  a
reply  was  received  from  the  British  authorities,  it  tran(cid:220)
spired  that  the  issue  could  be  resolved  by  transposing  the

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C  250/33

other  Directives  on  copyright 
law,
including  Directive  96/9/EC  on  the  legal  protection  of
data  bases,  for  which  the  deadline  is  1  January  1998.

into  national 

national  measures 

Infringement  proceedings  against  Ireland  for  failure  to
notify 
implementing  Directive
92/100/EEC  (lending  right)  and  against  Germany  for
failure 
implementing
Directive  93/83/EEC  (on  satellite  broadcasting  and
cable  retransmission)  are  at  the  reasoned  opinion  stage.

to  notify  national  measures 

implement 

Member  States 
in  1997.  For  example,  for  Directive
92/50/EEC  on  services,  the  Court  of  Justice  found
against  Greece,  which  had  not  notified 
its  national
implementing  measures,  on  2  May  1996(cid:216)(˛),  and  a  case
was  brought  under  Article  171  of  the  Treaty  for  failing
to 
regards  Directive
93/36/EEC  on  supplies,  the  Court  ruled  against  Italy  on
17  July  1997(cid:216)(ˇ),  because  it  had  not  notified  its  measures
transposing  this  directive.  The  Commission  has  opened
infringement  proceedings  against  Spain,  which  has  not
notified  its  measures  transposing  Directive  93/38/EEC
on  the  utilities  sectors.

ruling.  As 

this 

It  has  been  decided  to  refer  Greece  and  Ireland  to  the
Court 
implementing
measures  for  Directive  93/83/EEC.

to  notify  national 

failure 

for 

Finally,  although  the  deadline  for  transposal  of  Directive
96/9/EEC  on  the  legal  protection  of  data  bases  has  been
set  for  1  January  1998,  Germany,  Austria,  Sweden  and
the  United  Kingdom  have  already  notified  their  national
implementing  measures.

2.2.7.1.(cid:217)Progress  in  implementing  Directives  applicable  to  intel(cid:220)

lectual  and  industrial  property

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

6
6
6
6
6
6
6
6
6
6
6
6
6
6
6

6
6
5
4
6
6
4
6
6
6
6
6
6
6
6

%

100
100
83
67
100
100
67
100
100
100
100
100
100
100
100

However,  the  measures  notified  to  the  Commission  have
been  examined  for  compatibility  with  Community  legis(cid:220)
lation,  revealing  numerous  problems  in  many  Member
States  where  the  national  legislation  is  inadequate  or
incorrect.

An  examination  of  the  national  measures  that  have  been
notified  has  led  to  34  proceedings  for  failure  to  comply
with  Community  law,  including  six  which  are  at  least  at
the  reasoned  opinion  stage.  Some  of  these  cases  involve
the
questions  of  principle  which  could  undermine 
liberalisation  of  public  contracts  awarded  in  the  Member
States  concerned.

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

investigating  and  checking  cases  on 

The  Commission  processed  215  complaints  and  investi(cid:220)
gations  of  its  own  over  the  course  of  the  year,  including
80  new  cases.  It  was  able  to  settle  65  cases,  mostly  as  a
result  of  action  by  the  awarding  authorities  or  their
irregularities.  The
supervisory  bodies  to  remedy  the 
("package
dialogue 
meetings’),  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.

consultation 

procedure 

and 

Note:(cid:217)this  table  concerns  the  following  Directives:

87/54,  89/104,  91/250,  92/100,  93/83,  93/98.

A  few  examples  of  incorrect  application  of  Community
provisions  can  be  cited.

2.2.8.  Public  procurement

The  Commission  decided  to  refer  to  the  Court  of  Justice
in
supply  of  fertiliser  for  the  Irish  Forestry  Board 

A  number  of  directives  adopted  in  the  field  of  public
procurement  had  still  not  been  transposed  in  certain

(˛)(cid:217)Judgment  of  2  May  1996,  Case  C(cid:220)311/95  (Greece).
(ˇ)(cid:217)Judgment  of  17  July  1997,  Case  C(cid:220)43/97  (Italy).

C  250/34

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10.8.98

order  to  establish  that  the 
is  an  adjudicating
authority  within  the  meaning  of  the  public  procurement
directives.

latter 

2.3.  Removal  of  tax  barriers

The  Commission  also  decided  to  refer  France  to  the
Court  for  failure  by  the  Syndicat  Interd~partemental
d’~lectrification  de 
to  apply  competitive
tendering  as  laid  down  in  Directive  93/38,  and  for
incorrect  application  of  Directive  93/37  by  the  R~gion
Nord  Pas(cid:220)de(cid:220)Calais  in  a  plan  for  the  renovation  of  its
lyc~es.

la  Vend~e 

Following  Commission  intervention,  Greece  amended  its
national  provisions  authorising  the  adjudicating  bodies  to
use 
transfer  as  a  criteria  for  awarding
contracts.

technology 

the  utilities 

supply  contract 

In  a 
the
in 
Commission  impressed  upon  Belgium  the  need  to  admit
that  reference  to  national  laws  where  authorised  involved
the  possibility  of  producing  equivalents.  Instructions
were  sent  to  the  clients  of  the  Belgian  company  to  sort
out  the  difficulties.

sectors, 

2.2.8.1.(cid:217)Progress  in  implementing  Directives  applicable  to  public

procurement

(N.B.:  The  information  in  the  table  below  refers  only  to  transposal
into  national  law  in  the  Member  States.  In  some  of  them,  because
of  shared  competence  between  different  institutional  structures  (e.g.
the  Community  provisions  must  also  be
Austrian  L…nder), 
the
transposed  at 
transposed  texts  are  not  notified.)

Infringements 

result  when 

regional 

level. 

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

11
11
11
9
11
11
11
11
11
11
11
9
11
11
11

11
11
11
8
8
11
11
10
11
11
11
8
11
11
11

%

100
100
100
88
73
100
100
91
100
100
100
89
100
100
100

Note:(cid:217)this  table  concerns  the  following  Directives:

71/305,  89/440  (codified  by  Directive  93/37),  77/62,  80/767,
88/295,  89/665,  90/531,  92/13,  92/50,  93/36,  93/38.

2.3.1.  Direct  taxation

There  is  no  significant  harmonisation  in  direct  taxation;
this  is  because  the  Council  is  required  to  adopt  tax
harmonisation  rules  unanimously,  rather  than  by  the
qualified  majority  that  is  generally  sufficient  for  internal
market  provisions.  The  levels  of  taxation  and  the  taxable
bases  vary  from  one  Member  State  to  another  and  as
such  cannot  be  contested  under  Community  law.  The
differences 
tax
arrangements  do  not  as  such  constitute  discrimination
that  is  incompatible  with  the  Treaty  as  a  matter  of
principle;  the  Member  States  are  free  to  allocate  their
respective  tax  powers  in  their  bilateral  tax  agreements
according  to  their  political  choices.  Such  choices,  which
may  differ  from  one  Member  State  to  another,  cannot  be
considered  to  be  discrimination  within  the  meaning  of
the  Treaty.

the  Member 

between 

States’ 

Consequently,  the  principle  of  non(cid:220)discrimination,  the
most  frequently  used  yardstick,  applies  to  cases  of  tax
treatment  by  one  and  the  same  national  tax  system.  The
difference  in  taxation,  for  natural  persons  and  for  busi(cid:220)
nesses,  between  non(cid:220)residents  and  residents  in  all  the
Member  States,  in  principle  accepted  by  the  Court  where
it  reflects  the  difference  in  the  situations  of  these  two
categories  of  taxpayer,  is  subject  to  ongoing  monitoring
and  evaluation  by  the  Commission  in  the  light  of  a
growing  body  of  case  law  from  the  Court  arising  from
preliminary  rulings  requested  by  the  national  courts.

Following  the  reasoned  opinion  sent  to  France  on  a
deduction  at  source  operated  differently  for  permanent
business  establishments  from  different  Member  States(cid:216)(˛),
the  Commission  received  a 
the  French
government  stating  that  it  would  regularise  the  situation
in  its  next  Finance  Act.  The  provisions  to  this  effect  are
in  the  Finance  (Amendment)  Act  for  1997
set  out 
adopted  at  the  end  of  December.

letter  from 

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

(˛)(cid:217)See  14th  annual  report.

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this  has  been  referred  to  the  Court  (Case  C(cid:220)8/97).  Inci(cid:220)
dentally,  the  Commission  welcomes  the  fact  that  the
the  measures
United  Kingdom  has 
implementing  the  Mutual  Assistance  Directive 
its
in 
(Directive
dependent 
77/799/EEC).

finally  notified 

Gibraltar 

territory 

of 

2.3.1.1.(cid:217)Progress  in  implementing  Directives  applicable  to  direct

taxation

Member  State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

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

100

Note:(cid:217)this  table  concerns  the  following  Directives:

69/335,  77/799,  90/434,  90/435.

Convention  90/436  on 
the  elimination  of  double
taxation  in  connection  with  transfer  pricing  by  arbi(cid:220)
tration  procedure,  signed  on  23  July  1990  in  Brussels  on
the  basis  of  a  proposal  for  a  Directive,  came  into  force
on  1  January  1995  for  the  12  old  Member  States,  while
its  extension  to  the  three  new  Member  States,  signed  on
21  December  1995,  is  not  yet  in  force  because  only  four
of  the  15  Member  States  (Denmark,  Italy,  Netherlands
and  Portugal)  have  ratified  it.

2.3.2.  Indirect  taxation

proceedings
Following  Commission 
commenced  against  Italy  for  the  1993  introduction  of  a
special  10(cid:216)%  levy  on  the  price  of  unprocessed  poly(cid:220)
ethylene,  which  had  the  effect  of  taxing  products  from

action, 

the 

other  Member  States  more  heavily,  were  terminated  after
the  Italian  Act  at  issue  was  repealed.

and 

failure 

to  notify  national 

implementing
As  regards 
the  Commission  commenced  proceedings
measures, 
against  France 
regards  Directive
as 
Italy 
96/95/EC(cid:216)(˛)  on  setting  the  level  of  the  standard  rate  of
value  added  tax.  Proceedings  were  also  opened  against
Greece  concerning  Directive  96/42/EC(cid:216)(ˇ)  on 
the
taxation  of  horticultural  products.  And  the  Commission
closed  the  proceedings  previously  opened  against  Austria
simplification
under  Directive  95/7/EC(cid:216)(—)  on  new 
measures  with  regard  to  value  added  tax  when 
it
received 
implementing  measures.  But
proceedings  were  found  to  be  needed  against  Germany
under  the  same  Directive,  as  the  Commission  has  not  yet
been  notified  of  provisions  giving  effect  to  Article  9(1),
for  which  Germany  enjoyed  a  derogation  until  1  January
1997.

the  national 

As  regards  supervision  of  the  correct  application  of
Community  provisions,  two  proceedings  were  opened.

The  first  case  was  against  the  Netherlands,  which  allows
taxable  persons  to  deduct  a  percentage  of  the  payments
made  to  their  employees  to  compensate  for  the  expenses
incurred  through  the  use  of  their  own  vehicle  for
company  purposes.  Given  that  this  deduction  is  made
even  though  the  taxable  person  is  not  the  customer  in  the
transaction  and  does  not  hold  an  invoice  in  his  name,
these  provisions  contravene  Articles  17  and  18  of  the
Sixth  VAT  Directive  of  17  May  1977  (77/388/EC)(cid:216)((cid:209)).

The  second  concerns  Portugal,  which  applies  a  reduced
rate  to  diesel  oil,  fuel  oil  and  corresponding  blends,  for
wine  and  for  agricultural  equipment  and  machinery.
However,  these  products  are  not  included  in  Annex  H  to
Directive  77/92/EC(cid:216)((cid:210)),  which  lists  products  which  may
continue  to  benefit  from  a  reduced  rate.  Furthermore,
the  reduced  rate  in  question  is  not  in  compliance  with
the  conditions  for  application  of  Article  28(2)  of  the
amended  by  Directive
as 
Sixth  VAT  Directive 
77/92/EC,  which  allows  a  reduced  rate  for  a  transitional
period  on  products  other  than  those  in  Annex  H  on
condition  that  this  rate  is  not  less  than  12(cid:216)%.

(˛)(cid:217)OJ  L  338,  28.12.1996,  p.  893.
(ˇ)(cid:217)OJ  L  170,  9.7.1996,  p.  34.
(—)(cid:217)OJ  L  102,  5.5.1995,  p.  18.
((cid:209))(cid:217)OJ  L  145,  13.6.1977,  p.  1.
((cid:210))(cid:217)OJ  L  316,  31.10.1992.

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A  number  of  other  cases  relating  to  the  Sixth  VAT
Directive  were  referred  to  the  Court:  Italy  for  restricting
the  right  to  deduct  in  the  case  of  purchase  of  a  building
by  a  taxpayer  together  with  a  non(cid:220)taxpayer;  Spain  for
VAT  exemption  on  imports  of  military  equipment;  and
France  and  the  Netherlands,  which  the  Commission
decided  to  refer  to  the  Court  of  Justice  regarding  the
tolls  charged  by  the  companies  or  bodies  entrusted  with
the  operation  of  highways,  which  must  be  regarded  as
the  consideration  in  the  case  of  services  provided  for  a
consideration  to  road  users.  Whereas  some  Member
States  charge  VAT  on  such  tolls  in  accordance  with
Article  2  of  the  Sixth  Directive,  the  Member  States  in
question  view  the  matter  as  falling  outside  the  realm  of
VAT,  arguing  that  activities  are 
involved  which  are
connected  with  the  exercise  of  official  authority.

Finally,  several  earlier  proceedings  have  been  closed.

the  clarifications  provided  by 

the
Spain:  Following 
Spanish  authorities,  the  Commission  decided  not  to
pursue  the 
infringement  proceedings  on  taxation  of
assembled  goods.  It  emerged  that  the  rule  at  issue  was
purely  practical,  as  the  criteria  of  fixed  assets  and  of  the
intended  to  clarify  the
cost  of  assembly  were  only 
concepts  of 
the
installation  or 
importance  of  these  concepts  in  determining  the  rates
applicable  and  the  place  of  the  taxable  operations.

assembly,  given 

France:  Following  the  Commission’s  action,  the  French
authorities,  in  the  Finance  (Amendment)  Act  for  1996,
abandoned  the  ceiling  beyond  which  the  samples  had
previously  been  taxed.  From  now  on,  samples  taken  for
company  requirements  will  no  longer  be  subject  to  VAT.

Greece:  Greece  complied  with  the  Court’s  ruling(cid:216)(˛)  on
the  VAT  exemption  arrangements  for  transport,  cruises
and  package  tours,  paying  DR  5,6  billion  (approximately
ECU  17  million)  in  compensation  to  own  resources  for
1989 
the
to  1994.  The  Commission  also  closed 
infringement  proceedings  regarding  the  extension  of  the
flat(cid:220)rate  VAT  agricultural  arrangements 
to  Greek
fishermen.

its 

the  Commission’s 

intervention,
Portugal:  Following 
Portugal  amended 
legislation  regarding  VAT  on
travel  agencies.  VAT  was  previously  collected  on  the
whole  margin  even  when  the  journey  was  made  in  whole
or  in  part  outside  the  Community,  while  Article  26  of
the  Sixth  Directive  provides  for  this  part  of  the  margin  to
be  exempted.  The  Commission  also  closed  the  case  on
VAT  exemption  on  imports  of  military  equipment.

The  Commission  opened  proceedings  against  France  for
infringement  of  Directive  92/12/EEC(cid:216)(ˇ)  on  the  general
system  of  excise  duties.  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  harmonisation  of  excise  duties.  However,
the  contribution  in  question  is  incompatible  with  this
structure 
it  does  not  apply  to  all  alcoholic
beverages  as  defined  in  Directive  92/83/EEC(cid:216)(—),  but
only  to  beverages  with  an  alcoholic  strength  by  volume
of  25(cid:216)%  vol.  or  more,  and  because  it  is  levied  on  the
basis  of  the  volume  of  beverage  and  not  the  pure  alcohol
content.

in  that 

did 

close 

relating 

another
the  Commission 
However, 
infringement  proceeding  against  France 
to
alcoholic  beverages.  The  issue  is  excise  duty  on  naturally
sweet  or  liqueur(cid:220)like  wines,  where  French  legislation  was
in  breach  of  Directive  92/83/EEC  since 
it  made  a
distinction  between  dry  and  sweet  wines,  a  distinction
which  is  irrelevant  for  tax  purposes,  and,  furthermore,  it
established  two  different  sets  of  rules  for  admission  of
such  wines  to  the  tax  category  of  still  wine  depending  on
whether  or  not  they  are  produced  in  France;  such  wines
from  another  Member  State  are  also 
to
conditions  not  provided  for  in  the  Directive  and  have  to
obtain  prior  recognition  by  decree  as  qualifying  for  the
tax  treatment  applied  to  wine.

subject 

The  French  provisions  have  now  been  brought  into  line
with  the  Directive,  which  provides  that  wines  which  have
a  natural  alcohol  content  of  between  15(cid:216)%  and  18(cid:216)%  are
classified  and  should  therefore  be  taxed  as  still  wine  (and
not  as  "intermediate  products’),  provided  they  have  been
produced  without  enrichment  or  addition  of  alcohol.
Such  a  difference 
in  tax  treatment  between  similar
products  depending  on  whether  they  are  domestic  wines
is
or  wines 

another  Member 

State 

from 

(˛)(cid:217)Judgment  given  on  23  May  1996,  Case  C(cid:220)331/94.

(ˇ)(cid:217)OJ  L  76,  23.3.1992,  p.  1.
(—)(cid:217)OJ  L  316,  31.10.92,  p.  21.

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inconsistent  not  only  with  the  abovementioned  Directive
but  also  with  Article  95  of  the  EC  Treaty.

2.3.2.1.(cid:217)Progress 

in 

implementing  Directives  applicable 

to

indirect  taxation

Proceedings  against  Greece  were  opened  under  Council
Directive  72/464/EEC(cid:216)(˛)  on  taxes  other  than  turnover
taxes  which  affect  the  consumption  of  manufactured
the
tobacco.  The  Directive 
producers  or  importers  of  manufactured  tobacco  are  free
to  set  the  maximum  price  for  retail  sales  of  these
products.  However,  Greek  legislation  allows  the  Minister
of  Finance  to  set  the  minimum  price  for  manufactured
tobacco.

expressly 

states 

that 

in  travellers’  personal 

Following  action  by  the  Commission,  the  Portuguese
authorities  amended  their  legislation  on  tax  refunds  for
goods  contained 
luggage.  This
legislation  is  now  in  line  with  Directive  69/169/EEC(cid:216)(ˇ),
since  the  restrictions  on  certain  goods  have  been  elim(cid:220)
inated  and  the  refund  can  be  obtained  simply  by  pres(cid:220)
enting  a  receipt.  Previously,  it  was  necessary  to  fill  out  a
special  declaration,  a 
requirement  which  was  not
specified  in  the  Directive.

(˛)(cid:217)OJ  L  303,  31.12.1972,  p.  1.
(ˇ)(cid:217)OJ  L  133,  4.6.1969,  p.  6.

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

42

42

43

42

42

42

42

42

42

42

43

42

42

42

42

42

42

42

41

42

41

42

42

42

42

43

42

42

42

42

%

100

100

97,7

97,6

100

97,6

100

100

100

100

100

100

100

100

100

Note:(cid:217)this  table  concerns  the  following  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,  96/95,  96/99.

CONSUMER  POLICY  AND  HEALTH  PROTECTION

3.  INTRODUCTION

in 

1997, 

its  departments 

consumer  policy, 

the  Commission
In 
following  Parliament’s
restructured 
report  on  BSE  in  order  to  make  the  Commission’s  work
in  food  health  more  efficient,  transparent  and  balanced
(Commission  Communication  of  30  April  1997  on
consumer  health  and  food  safety,  COM(97)  183  final).

notified  by  all  the  Member  States.  In  particular,  the  state
of  transposal  of  the  new  timesharing  directive  is  very
unsatisfactory.  At  the  deadline  for  transposal  (29  April
1997),  no  Member  State  had  notified  the  national
implementing  measures.  Once  again  it  appears  that  the
majority  of  Member  States  are  adopting  national
implementing  measures  only  after  the  deadline.

4.  SITUATION  SECTOR  BY  SECTOR

As  a  result,  this  chapter  no  longer  covers  legislation  on
cosmetics,  textiles  and  toy  safety.

4.1.  Safety  and  health

Twelve  directives  have  been  adopted  in  this  area,  but  the
implementing  measures  for  two  of  them  have  yet  to  be

As  regards  Directive  92/59  on  general  product  safety,
the  deadline  for  transposal  of  which  was  29  June  1994,
Ireland  and
the 

three  Member  States 

(Germany, 

C  250/38

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Luxembourg)  which  had  not  yet  transposed  the  Directive
notified  their  national  implementing  measures  in  1997.
This  is  a  very  important  consumer  protection  directive
because  it  establishes  at  Community  level  a  general  safety
obligation  for  all  products  put  on  the  market  and
intended 
to  be  used  by
consumers.  It  also  lays  down  appropriate  procedures  to
guarantee  this  safety.

for  consumers  or 

likely 

4.2.  Protection  of  consumers’  economic  interests

As  regards  Directive  94/47  on  timesharing  contracts,  the
deadline  for  transposal  of  which  was  29  April  1997,
seven  Member  States  (Belgium,  Greece,  Spain,  France,
Italy,  Luxembourg  and  Finland)  have  not  yet  notified
their  national  implementing  measures.

The  aim  of  this  directive  is  to  create  a  set  of  common
rules  relating  to  information  on  the  constituent  parts  of
contracts,  the  arrangements  for  communicating  such
information  and  the  procedures  and  arrangements  for
cancellation  and  withdrawal.

in
As  for  Council  Directive  93/13  on  unfair  terms 
consumer  contracts,  all  the  Member  States  except  Spain
have  notified  their  national  implementing  measures.  The
Commission  has  brought  the  case  against  Spain  before
the  Court  of  Justice  (C(cid:220)318/97).

regards  Directive  90/314, 

As 
for
preliminary  rulings  have  been  presented  to  the  Court  of
Justice  under  Article  177  of  the  EC  Treaty:

requests 

several 

Case  C(cid:220)364/96  Verein  f(cid:190)r  Konsumenteninformation  v
ˆsterreichische  Kreditversicherung 
question
submitted  to  the  Court  of  Justice  for  a  preliminary  ruling
by  order  of  the  Bezirksgericht  f(cid:190)r  Handelssachen  Wien.
This  case  establishes  what  services 
the  concept  of
"security  for  .(cid:216).(cid:216).  the  repatriation  of  the  consumer’  within
the  meaning  of  Article  7  of  Directive  90/314/EEC
applies  to.

AG, 

Case  C(cid:220)237/97  AFS  Finland,  preliminary 
rulings
submitted  to  the  Court  of  Justice  by  order  of  Finland’s
higher  administrative  court.  This  case  concerns  whether
AFS  Intercultural  Programs  Finland  must  be  listed  on  the
register  of  companies  organising  package  tours  held  by
the  Consumer  Office  (Kuluttajavirasto)  in  order  to  be
able 
its  statutory  activity  of  organising
student  placements  as  part  of  school  exchanges.

to  exercise 

to  protect 

regards  Directive  85/577/EEC 

As 
the
consumer  in  respect  of  contracts  negotiated  away  from
business  premises,  a  request  for  a  preliminary  ruling  was
submitted  to  the  Court  of  Justice  in  Case  C(cid:220)45/96  Baye(cid:220)
rische  Hypotheken  und  Wechselbank  AG  v  Edgar
Dietzinger.  This  case  concerns  the  question  of  whether  a
guarantee  can  be  considered  to  be  a  contract  concluded
between  a  trader  supplying  goods  or  services  and  a
consumer  within  the  meaning  of  Article  1(1)  of  the
abovementioned  directive.

4.3.(cid:217)Progress  in  implementing  directives  applicable  to  consumer

protection  and  product  safety

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

11

12

12

11

10

11

12

11

11

12

12

12

11

12

12

%

92

100

100

92

84

92

100

92

92

100

100

100

92

100

100

Case  C(cid:220)140/97  Rechberger 
v  Austria,  questions
submitted  to  the  Court  of  Justice  for  preliminary  rulings
by  order  of  the  Landesgericht  Linz.  This  case  concerns
several  questions  on  the  subject  of  the  interpretation  of
Directive  90/314/EEC,  and 
the
government’s  liability  in  the  event  of  failure  to  transpose
the  directive  (Francovich/Dillenkofer  case).

the  question  of 

Note:(cid:217)this  table  concerns  the  following  Directives:

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

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

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COMPETITION

5.  INTRODUCTION

As  regards  individual  cases,  the  number  of  proceedings
initiated  against  the  Member  States  has  not  significantly
increased  since  1996.  Like  last  year,  infringement  of  the
competition  rules  by  the  Member  States  particularly
affected  the  transport  and  telecommunications  sectors.

As  regards  the  implementation  of  directives  in  the  field
of  competition  in  the  telecommunications  sector,  in  1997
efforts  were  concentrated  on  preparing  for  the  intro(cid:220)
duction  of  full  competition  for  the  supply  of  all  telecom(cid:220)
munications  services,  set  for  1  January  1998,  except  for
the  Member  States  which  had  obtained  derogations  from
the  Commission.  In  order  to  ensure  a  coordinated
control  of  both  the  specific  directives  on  competition  and
the  harmonisation  directives,  and,  as  necessary,  to  speed
up  the  opening  of 
infringement  proceedings  against
Member  States  which  are  falling  behind  schedule,  the
Commission  decided  to  create  a  "1998  joint  team’  (a
joint  team  responsible  for  applying  Community  legis(cid:220)
lation  on  telecommunications)  including  officials  from
the  Directorates(cid:220)General  responsible  for  competition  and
telecommunications  and  the  Legal  Service.  This  joint
team  has  prepared  a  report  on  the  state  of  transposal  of
these  directives,  which  was  adopted  by  the  Commission
on  29  May  1997  and  updated  the  following  8  October,
on  the  basis  of  the  results  of  bilateral  meetings  with  the
Member  States.  (Following  this  horizontal  examination
the
of 
Commission  decided  on  5  November  1997  to  open
Article  169  proceedings  against  7  Member  States.)

the  Member  States, 

situation 

in  all 

the 

6.  SITUATION  SECTOR  BY  SECTOR

6.1.  Public  enterprises

the 

sector, 

telecommunications 

In 
the  Commission
decided  to  terminate  the  proceedings  opened  against
Portugal,  Ireland,  Greece,  Italy  and  Spain,  for  failure  to
notify  measures  implementing  Directive  94/46/EC  of  13
October  1994  on  satellite  communications.

1996  for  the  liberalisation  of  alternative  infrastructures
and  1  January  1998  for  full  opening  to  competition,
pursuant  to  Directive  96/19/EC.  On  10  June  1997,  the
Commission  also  granted  Spain  an  additional  period  for
the  full  liberalisation  of  its  telecommunications  sector.
Ireland  and  Portugal  granted
The  decisions  on 
extensions  from  15  February  1996  for  the  liberalisation
of  direct 
interconnection  of  mobile
networks.

cross(cid:220)border 

Following  a  complaint,  on  12  June  1997  the  Commission
decided  to  open  Article  169  proceedings  against  Spain,
for  a  too  restrictive  transposal  of  the  liberalisation  of
infrastructures  provided  for  by  Article  2(2)  of  Directive
96/19/EC  for  the  provision  of  services  other  than
telephony.  The  Commission  was  not  satisfied  with  the
Spanish  authorities’  response  to  this  Article  169  letter,
and  therefore  decided  on  15  October  1997  to  send  them
a  reasoned  opinion.

Furthermore,  under  Article  2(1)  of  Directive  96/2/EC,
the  Member  States  may  not  refuse  to  allocate  licences
for  operating  mobile  systems  according  to  the  DCS  1800
standard  from  1  January  1998  at  the 
latest.  Spain,
Portugal,  Italy,  Luxembourg  and  Greece  have  not  yet
notified  the  measure  taken  to  implement  this  provision.
Belgium,  Ireland  and  the  Netherlands  have  notified  draft
measures.

the 

front 

telecommunications 

On 
the  Commission
declared  on  30  April  1997  that  it  was  satisfied  with  the
remedial  measures  notified  by  the  Spanish  government  to
comply  with  Article  2  of  Decision  97/181/EC(cid:216)(˛)  of  18
December  1996  on  the  conditions  imposed  on  the  second
GSM  mobile  telephone  operator  in  Spain.  Under  this
decision  the  Spanish  government  was  asked  to  end  the
distortion  of  competition  arising  from  the  initial  payment
imposed  on  Airtel  and  to  ensure  equal  treatment  of  GSM
operators  on  the  Spanish  market.  While  Airtel  had  to  pay
PTA  85  billion  for  a  GSM  licence,  Telef(cid:246)nica  obtained
its  licence  free  of  charge.

As  regards  Directive  93/84/EEC  amending  Directive
80/723/EEC  on  the  transparency  of  financial  relations
between  Member  States  and  public  undertakings,  the
Commission  decided  on  19  March  1997  to  send  an
Article  169  letter,  and  then  on  15  October  1997  a
reasoned  opinion  to  Greece  for  failure  to  notify  the
measures  required  by  the  directive.

The  Commission  also  granted  Ireland  (27  November
1996),  Portugal  (12  February  1997),  Luxembourg  (14
May  1997)  and  Greece  (18  June  1997)  an  extension  on
the  implementation  period  beyond  the  date  set  of  1  July

(˛)(cid:217)OJ  L  76,  18.3.1997,  p.  19.

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the 

field, 

transport 

the  Commission  closed 

the  Greek  authorities  started 

In 
the
proceedings  under  Articles  90  and  86(cid:216)(˛)  which  it  had
brought  following  complaints  from  various  airlines  on
the  ground(cid:220)handling 
services  provided  by  Olympic
Airways  as  a  monopoly  at  Athens  airport.  Following  this
decision, 
improvement
work  on  the  East  Terminal  at  Athens  airport,  which
houses  foreign  airlines.  The  law  on  temporary  work,
which  was  preventing  Olympic  Airways  from  recruiting
enough  seasonal  staff  to  cover  peak  traffic  periods  in  the
tourist  season,  has  also  been  amended.  Olympic  Airways’
monopoly  on 
to
passengers  will  be  abolished  from  1  January  1998.

the  provision  of  ground  services 

Following  a  complaint 
the  Commission  adopted  a
decision  under  Article  90(3)(cid:216)(ˇ)  against  the  system  of
reductions  in  piloting  tariffs  in  the  Port  of  Genoa(cid:216)(—).
The  Commission  decided  that  this  system  was  incom(cid:220)
patible  with  Articles  90  and  86,  because  its  effect  was  to
apply  unequal  conditions 
shipping
companies  providing  equivalent  services,  thus  giving  rise
to  distortions  of  competition.  The  Commission  asked  the
Italian  Government  to  put  an  end  to  the  infringement.

the  various 

to 

On  21  October,  the  Commission  adopted  a  formal
decision  under  Article  90(3)  on  the  Italian  ports  legis(cid:220)
lation  relating  to  employment(cid:216)((cid:209)).  This  decision  requests
Italy  to  put  an  end  to  the  port  companies’  monopoly  on
the
temporary  workers.  This 
Court(cid:216)((cid:210))  which  stated  that  certain  provisions  of  the
Italian  legislation  on  dock  work  were  incompatible  with
Community  law.

follows  a  ruling  by 

Lastly,  mention  must  once  again  be  made  of  the  case
concerning  discounts  on  landing  charges  at  Zaventem
airport  in  Belgium(cid:216)((cid:211)).  The  Kingdom  of  Belgium  did  not
respond  to  the  reasoned  opinion  sent  to 
it  on  10
December  1996,  and 
the  Commission  accordingly
commenced  infringement  proceedings  on  23  April  1997.
This  action  is  still  pending.

In  June  1997 
the  Commission  adopted  a  decision
pursuant  to  Article  90(3)  which  established  the  incom(cid:220)

(˛)(cid:217)Council  Directive  96/67/EC  of  15  October  1996,  OJ  L(cid:217)272,

25.10.1996,  p.  36.

(ˇ)(cid:217)OJ  L  301,  5.11.1997,  p.  27.
(—)(cid:217)This  tariff  follows  the  ruling 

in  Case  C(cid:220)18/93  Corsica
Ferries  Italia/Corpo  dei  piloti  del  porto  di  Genova,  [1994(cid:129)
ECR  I(cid:220)1783  and  was  amended  twice  after  the  complaint  was
filed,  on  5  October  1994  and  4  September  1996.
((cid:209))(cid:217)Decision  C(97)  3108,  OJ  L  301,  5.11.1997,  p.  17.
((cid:210))(cid:217)Case  C(cid:220)179/90,  Merci  Convenzionali  Porto  di  Genova

[1991(cid:129)  ECR  I(cid:220)5889.

((cid:211))(cid:217)Decision  of  28  June  1995  pursuant  to  Article  90(3)  (OJ

L(cid:217)216,  12.9.1995,  p.  8).

in 

to 

the 

legislation  of 

television  advertising  awarded 

legal
patibility  with  Community 
exclusivity 
the
private  channel  Vlaamse  Televisie  Maatschappij  NV
(VTM),  on  the  basis  of  Flemish  law  on  the  media.  These
provisions  limit  to  a  single,  non(cid:220)public,  company  the
right  to  target  the  whole  of  the  Flemish  Community  and
to  broadcast  advertising.  The  proceedings  initiated  by  the
Commission  were  undertaken  following  a  complaint  by
the  channel  VT4  Ltd,  an  English  private  television
company,  which,  by  decree  of  the  Flemish  Ministry  for
Cultural  Affairs,  was  refused  access  to  the  Flemish  cable
network  because  of  VTM’s  monopoly.  The  decision
establishes  that  this  monopoly  is  in  breach  of  Article  90
and  Article  52  of  the  Treaty  since  it  has  the  effect  of
excluding  any  operator  originating  in  another  Member
State  who  wishes  to  set  up  an  establishment  in  Belgium
in  order  to  broadcast  televised  advertisements  intended
for 
television
distribution  network.  This  decision  allows  VT4  and
to  set  up  a
other  potential  Community  operators 
secondary 
to  broadcast
in  Flanders 
television  advertisements  to  the  Flemish  public.  VTM  has
brought  an  action  against  this  decision  before  the  Court
of  First  Instance.

the  Flemish  public  on 

establishment 

the  Belgian 

6.2.  Monopolies

rights 

On  23  October  the  Court  of  Justice  gave  its  judgment  on
the  actions  that  the  Commission  had  brought  in  1994
import  and
against  the  exclusive  gas  and  electricity 
export 
the
in  Spain,  France, 
Netherlands(cid:216)((cid:212)).  The  action  in  Commission  v  Spain  was
rejected  because  the  Court  considered  that  there  were  no
exclusive  electricity  import  and  export  rights  in  Spain.
The  following  comments  relate  only  to  the  three  other
appeals.

Italy 

and 

First,  the  Court  stated  that  exclusive  import  and  export
rights  constitute  discrimination  against  operators  estab(cid:220)
lished  in  other  Member  States  and  are  therefore  incom(cid:220)
patible  with  Article  37  of  the  Treaty.

the 

the  Court  accepted 

free  movement  of  goods. 

Second, 
the  Member  States’
argument  that  Article  90(2)  can  be  invoked  to  justify
state  measures  that  are  incompatible  with  the  rules  of  the
its
Treaty  on 
consideration  of  this  article,  while  the  Court  reiterated
the  principle  that  the  burden  of  proof  lies  with  whoever
invokes  this  exception,  it  indicated  that  it  was  for  the
Commission  to  provide  satisfactory  responses  to  the
arguments  put  forward  by  the  Member  States.  As  the
Commission  had  based  its  entire  argument  on  the  legal
question  of  the  inapplicability  of  Article  90(2)  to  the

In 

((cid:212))(cid:217)Judgments  of 

23  October 

1997,  Cases  C(cid:220)157/94,
Commission  v  the  Netherlands,  C(cid:220)158/94  Commission  v
Italy,  C(cid:220)159/94  Commission  v  France  and  C(cid:220)160/94
Commission  v  Spain.

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cases  in  question,  the  Court  considered  that  it  had  not
given  satisfactory  answers  to  the  factors  advanced  by  the
Member  States. 
it  was
impossible  to  assess  the  cases  under  Article  90(2)  and
dismissed  the  actions.  The  Commission  will  take  these
conclusions  into  account  in  future  court  actions  and
other  proceedings  involving  Article  90(2).

therefore  declared 

that 

It 

they 

intend 

certain 

to  maintain 

The  Commission  sent  a  reasoned  opinion  in  May  1997
regarding  the 
inadequate  adjustment  of  the  Austrian
monopoly  on  manufactured  tobacco.  In  their  subsequent
statement,  the  Austrian  authorities  showed  that  they  had
not  complied  with  this  opinion  by  the  deadline.  In
particular, 
legal
provisions,  in  the  field  of  wholesale  tobacco  marketing,
imposing  disproportionate  obligations  on  the  wholesale
operators  competing  against  the  former  monopoly.  On  9
December,  in  the  light  of  the  judgment  given  by  the
Court  of  Justice  on  23  October 
in  Case  C(cid:220)189/95
Franzen,  the  Commission  stated  that  it  was  possible  to
separate  the  provisions  of  Austrian  national  law  which
had  been  disputed  under  Article  71  of  the  Act  of
Accession  and  Article  37  of 
the
workings  of  the  monopoly  -  even  though  they  had  an
impact  on  the  latter  -  and  that  they  must  therefore  be
investigated  in  the  light  of  Article  30.

the  Treaty  from 

6.3.(cid:217)Progress 

in 

implementing  measures 

in 

the 

field  of

competition

Member  State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

8

8

8

8

8

8

8

8

8

8

8

8

8

8

8

7

8

8

4

7

8

8

6

6

8

8

6

8

8

8

%

87,5

100

100

50

87,5

100

100

75

75

100

100

75

100

100

100

Note:(cid:217)this  table  concerns  the  following  Directives:

80/723,  88/301,  90/388,  93/84,  94/46,  95/51,  96/2,  96/19.

SOCIAL  POLICY

7.  INTRODUCTION

A  progress  report  was  presented  on  the  medium(cid:220)term
social  action  programme  adopted  on  12  April  1995(cid:216)(˛).  It
sums  up  the  achievements  of  the  Commission’s  social
policy  work  programme  from  1995  to  1997  and  outlines
the  next  steps  that  will  have  to  be  taken  to  meet  existing
commitments.

8.  SITUATION  SECTOR  BY  SECTOR

8.1.  Free  movement  of  workers

Infringement  proceedings  are  under  way  against  a
number  of  Member  States  concerning  the  application  of
Regulations  (EEC)  Nos  1612/68  and  1408/71.

8.1.1.  Ending  discrimination

The  Commission  decided  to  send  a  reasoned  opinion  to
Greece  under  Article  171  for  failing  to  implement  the
in  Case  C(cid:220)123/94
judgment 
Court  of 

Justice’s 

(˛)(cid:217)COM(95)  134  final.

to 

teach  a 

concerning  the  conditions  imposed  on  nationals  of  the
foreign
other  Member  States  wishing 
language(cid:216)(ˇ).  It  also  sent  a  reasoned  opinion  to  Belgium
regarding  compliance  with 
in  Case
C(cid:220)47/93  concerning  the  withholding  of  finance  for
university  studies  from  students  from  other  Member
States  who  are  in  Belgium  solely  for  the  purpose  of
studying  there(cid:216)(—).  The  Commission  has  already  another
case  against  France  for  discrimination  against  early(cid:220)
retired  frontier  workers(cid:216)((cid:209)).

judgment 

the 

The  Commission  decided  to  send  Germany  a  reasoned
opinion  for  rejecting  requests  for  social  security  benefits
submitted  by  migrant  workers  following  family  reunifi(cid:220)
cation.  It  sent  another  reasoned  opinion  to  Germany
concerning  the  rules  obliging  Community  workers  to
present  their 
in  order  to  obtain  social
security  benefits.

identity  card 

Infringement  proceedings  are  still  under  way  against  the
United  Kingdom  for  failing  to  accord  social  security

(ˇ)(cid:217)Judgment  given  on  1  June  1994.
(—)(cid:217)Judgment  given  on  4  May  1994.
((cid:209))(cid:217)Case  C(cid:220)35/97.

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to  a  Community  worker 

benefits 
form  of
reductions  in  university  entrance  fees  and  study  grants
for  his  spouse.

the 

in 

for  certain  allowances  has  been  referred  to  the  Court  of
Justice(cid:216)(—).

In  the  tax  field,  Luxembourg  has  complied  with  the
in  Case  C(cid:220)151/94
Court  of 
judgment 
tax  by
concerning 
final  payment  of 
legis(cid:220)
non(cid:220)resident  workers  by  amending 
lation(cid:216)(˛).

income 
its 

Justice’s 
the 

internal 

The  Commission  terminated 
infringement  proceedings
against  Belgium  after  it  amended  its  legislation  on  the
granting  of  certain  social  security  benefits(cid:216)(ˇ).

infringement  proceedings  are  being  pursued
Finally, 
against  the  Netherlands  in  two  cases,  one  concerning  the
withholding  of  supplementary  pension  insurance  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
higher  than  that  of  identity  cards  for  nationals.

8.1.2.  Access  to  employment  in  the  public  service

take 

There  are  still  some  major  obstacles  barring  access  to
employment  in  the  public  service.  For  example,  when
recruiting  migrant  workers  into  public(cid:220)sector  jobs,  some
their
to 
Member  States  neglect 
seniority  as  public  servants  in  another  Member  State.
The  Commission  referred  a  case  to  the  Court  of  Justice
concerning  Greek 
legislation  preventing  professional
experience  in  another  Member  State  being  taken  into
the  Greek  civil  service.
to 
account  on  recruitment 
However,  it  should  be  pointed  out  that  the  same  problem
exists  in  other  Member  States.

into  account 

Another  case  which  will  be  referred  to  the  Court
concerns  new  Italian 
legal
lecturers,  which  fails  to
status  of  foreign 
guarantee 
already
acquired.

legislation  modifying  the 

full  protection  of 

entitlements 

language 

8.1.3.  Social  security

The  case  of  Greece’s  nationality  discrimination 
acknowledging 

eligibility 

in
families

large 

the 

of 

to 

laid  down 

the  arrangements 

The  Commission  decided  to  send  a  number  of  reasoned
opinions  to  Belgium  concerning:  (1)  medical  authoris(cid:220)
ations  as  a  condition  for  a  short  stay  in  another  Member
State,  contrary 
in
Community  legislation;  (2)  the  deduction  of  a  personal
from  Belgian  occupational
contribution  of  13,07(cid:216)% 
sickness  pensions  granted  to  persons  residing  in  another
Member  State  who  receive  another  pension  from  that
State;  (3)  the  practice  of  taking  into  account,  for  the
purposes  of  calculating  pensions,  the  amount  of  benefits
acquired  under  the  legislation  of  another  Member  State
which  were  awarded  on  the  basis  of  voluntary  insurance
or  continued  optional 
insurance;  (4)  failure  to  pay
frontier  workers  who  are  resident  in  Belgium  but  work
in  France  supplementary  family  benefits  corresponding  to
the  difference  between 
two
countries,  as  required  by  Article  94(9)  of  Regulation
(EEC)  No  1408/71.  However,  following  amendments  to
the
the  relevant 
by
proceeding 
construction  firms 
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.

the  Commission  closed 

legislation, 
concerning 

family  benefits 

payments 

advance 

the 

in 

The  Commission  has  decided  to  bring  cases  against
France  before  the  Court  of  Justice  concerning:  (1)  the
obligation  to  take  into  account,  in  calculating  unem(cid:220)
ployment  benefits,  the  last  salary  received  by  a  worker
immediately  before  becoming  unemployed,  where  he  was
employed  in  a  Member  State;  (2)  the  deduction  of  the
"Contribution  au  remboursement  de 
la  dette  sociale’
(CRDS  -  a  contribution  to  repay  the  social  security
debt)  from  the  earned  income  and  substitute  income  of
persons  residing  in  France  but  who  are  not  subject  to
French  social  security  legislation  pursuant  to  Regulation
(EEC)  No  1408/71  (in  particular  frontier  workers).  It
has  also  decided  to  send  reasoned  opinions  to  France
concerning:  (1)  presentation  of  a  valid  residence  permit
as  a  condition  for  obtaining  unemployment  benefits;  (2)
the  application  of  a  social  security  contribution  (CSG)
under  similar  circumstances  to  the  CRDS;  (3)  the  refusal
to  grant  non(cid:220)contributory  benefits  to  persons  covered  by
agreements 
non(cid:220)member
certain 
the  cooperation  agreements  with
countries 
Morocco,  Algeria  and  Tunisia  and 
the  association
agreement  with  Turkey),  despite  the  principle  of  equal
treatment  laid  down  in  those  agreements.

concluded  with 

(namely 

Finally,  the  Commission  terminated  proceedings  against
the  United  Kingdom  in  respect  of  the  dissolution  of  the
Social  Insurance  Fund  in  Gibraltar  following  the  entry
into 
to
Community  law  and  the  payment  of  arrears.

force  of  new 

that  conforms 

legislation 

(˛)(cid:217)Judgment  given  on  26  October  1995.
(ˇ)(cid:217)Case  C(cid:220)326/90,  judgment  given  on  10  November  1992.

(—)(cid:217)Case  C(cid:220)185/96.

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8.2.  Equal  treatment  of  men  and  women

the  Greek  authorities  notified  new 

The  Commission  closed  two  infringement  proceedings
against  Greece  for  breach  of  Directive  76/207/EEC,
after 
legislation
putting  an  end  to  the  infringements  in  question.  Both
cases  concerned  an  obligation  on  women  to  retire  before
men.  However,  another  case  against  Greece  is  to  be
referred  to  the  Court  of  Justice  under  Article  119  of  the
EC  Treaty  because  the  discrimination  against  women
employees  of 
the  marriage
allowance  granted  by  employers  under  industry(cid:220)wide  or
national  collective  agreements  has  not  been  abolished
with  retrospective  effect  from  1  January  1981.

in  respect  of 

the  DEI 

The  Court  of  Justice  censured  France  for  maintaining  a
provision  in  its  legislation  banning  night  work  by  women
in 
industry,  although  no  such  restriction  applies  to
men(cid:216)(˛).  The  Court  gave  judgment  against  Italy  in  a
similar  case  on  4  December  1997(cid:216)(ˇ).

the  Commission 

As  for  the  health  and  safety  of  pregnant  workers  and
workers  who  have  recently  given  birth  or  are  breast(cid:220)
infringement
feeding, 
proceedings  against  Greece  and  Luxembourg  for  failure
to  notify  national  measures  implementing  the  Directive,
but  has  terminated  the  proceedings  against  France  and
Italy.

is  pursuing 

The  Commission  decided  to  send  reasoned  opinions  to
ten  Member  States  for  failure  to  notify  measures  to
transpose  Directive  96/97/EEC  amending  Directive
86/378/EEC  on  the  implementation  of  the  principle  of
equal  treatment  for  men  and  women  in  occupational
social  security  schemes.  Under  Article  3  of  the  Directive,
the  Member  States  had  until  1  July  1997  to  adopt
implementing  measures.

8.3.  Working  conditions

Article  2(4)  of  the  Social  Policy  Agreement  specifically
provides  for  directives  to  be  implemented  by  collective
agreements.  Its  wording  is  similar  to  that  of  the  final
provisions  of  many  directives  and  falls  in  line  with  the
case  law  of  the  Court  of  Justice.

Several  Member  States  have  used  collective  agreements
as  an  instrument  for  incorporating  provisions  of  certain
for  example,  Belgium
law: 
directives 

into  national 

on 

collective 

(Directive 
redundancies),  Denmark
(Directive  on  working  time)  and  Italy  (Directive  on
European  works  councils).  However, 
the  use  of
collective  agreements  as  a  suitable  transposal  instrument
in  a  given  context  always  depends  on  the  content  and
exact  nature  of  the  provisions  of  the  Directive  concerned
and  on  the  legal  traditions  of  the  Member  State.

Transposal  of  Directive  91/383/EEC  on  improvements
in  the  safety  and  health  at  work  of  workers  with  a  fixed(cid:220)
duration  or  temporary  employment  relationship  is  now
finally  complete,  Belgium  and  Greece  having  notified
national  implementing  measures.

Infringement  proceedings  are  still  in  progress  against
France,  Greece,  Italy,  Luxembourg,  Portugal  and  the
United  Kingdom  in  respect  of  Directive  93/104/EC  on
certain  aspects  of  the  organisation  of  working  time.

There  are  a  number  of  difficulties  in  the  transposal  of
Directive  94/33/EC  on  the  protection  of  young  people
at  work.  Reasoned  opinions  will  be  sent  to  Greece,
France,  Luxembourg,  Austria  and  the  United  Kingdom,
while  a  case  against  Italy  is  to  be  referred  to  the  Court
of  Justice  after  it  failed  to  reply  to  a  reasoned  opinion.

By  contrast,  there  has  been  substantial  progress  in  the
transposal  of  Directive  94/45/EC  on  the  establishment
of  a  European  Works  Council.  Luxembourg  and
Portugal  are  the  only  Member  States  not  to  have  notified
national  implementing  measures,  even  after  being  sent  a
reasoned  opinion.  All  the  other  Member  States  covered
by  the  Directive  sent  in  measures.

8.4.  Health  and  safety  at  work

The  most  notable  progress  made  in  1997  was  the  notifi(cid:220)
cation  by  Spain  of  national  measures  implementing  all
the  directives  in  this  field  following  the  Court’s  judgment
of  26  September  1996(cid:216)(—).

Infringement  proceedings  are  continuing  against  other
Member 
national
failure 
implementing  measures;  most  of  these  cases  have  now
been  referred  to  the  Court.

notify 

States 

for 

to 

At  the  end  of  1997,  subject  to  scrutiny  for  conformity
and  taking  into  account  the  transposal  deadline  for  the
new  directives,  only  Finland,  Spain,  the  Netherlands  and
the  United  Kingdom  had  notified  the  Commission  of
national 
respect  of  all
directives  in  this  sector.

implementing  measures 

in 

(˛)(cid:217)Case  C(cid:220)197/96  [1997(cid:129)  ECR  I(cid:220)1489,  judgment  given  on  13

March  1997.

(ˇ)(cid:217)Case  C(cid:220)207/96,  not  yet  reported.

(—)(cid:217)Case  C(cid:220)79/95  Commission  v  Spain.

C  250/44

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8.5.  Public  health

form  a  constituent  part  of 

Article  129  of  the  Treaty  states  that,  "Health  protection
requirements  shall 
the
Community’s  other  policies.’  The  Commission  reports
regularly  on  its  efforts  to  ensure  this  obligation  is  met.
The  third  such  report,  covering  activities  in  1996,  will  be
published  in  1998.

8.6.(cid:217)Progress  in  implementing  Directives  applicable  to  social

policy

Member  State

Belgium
Denmark(cid:216)(˛)
Germany
Greece
Spain(cid:216)(ˇ)
France
Ireland(cid:216)(—)
Italy
Luxembourg(cid:216)((cid:209))
Netherlands
Austria(cid:216)((cid:210))

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

52
52
52
52
52
52
52
52
52
52
52

48
50
50
47
50
48
49
47
44
49
50

%

92
96
96
90
96
92
94
90
85
94
96

Portugal(cid:216)((cid:211))
Finland(cid:216)((cid:212))
Sweden
United  Kingdom

52
52
52
51(cid:216)(*)

50
51
52
40

96
98
100
79

Note:(cid:217)this  table  concerns  the  following  Directives:

Labour  law:
75/129,  77/187,  80/987,  87/164,  91/533,  92/56,  94/45.

Equal  opportunities:
75/117,  76/207,  79/7,  86/378,  86/613,  92/85,  96/97.

Free  movement  of  workers:
64/221,  68/360,  72/194.

Health  and  safety  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.

(*)(cid:217)NB:  Directive  94/45  is  not  applicable  to  the  United  Kingdom.
(˛)(cid:217)Directive  78/610  not  relevant  to  Denmark.
(ˇ)(cid:217)Directive  88/642  not  relevant  to  Spain.
(—)(cid:217)Directives  82/130,  88/35  and  94/44  not  relevant  to  Ireland.
((cid:209))(cid:217)Directive  93/103  not  relevant  to  Luxembourg.
((cid:210))(cid:217)Directive  93/103  not  relevant  to  Austria.
((cid:211))(cid:217)Directives  82/130,  88/35,  88/642,  91/269,  91/322  and  94/44  not

relevant  to  Portugal.

((cid:212))(cid:217)Directives  82/130,  88/35,  91/269  and  94/44  not  relevant  to  Finland.

EDUCATION  AND  TRAINING

The  Commission  has  shelved  a  complaint  against  Spain
concerning  university  entrance  exams  after  taking  the
matter  up  with  the  Spanish  authorities.

On  the  question  of  equal  access,  the  UK  authorities  have
changed  the  regulations  governing  a  training  centre  for
health  professionals,  which  gave  Community  residents
preferential  access  to  grant(cid:220)assisted  places,  to  bring  them
into  line  with  Community  law.

AGRICULTURE

9.  SITUATION  SECTOR  BY  SECTOR

the  other  provisions  of  the  Community’s  agricultural
legislation  are  effectively  and  correctly  applied.

9.1.  Markets

In  addition  to  its  efforts  to  remove  barriers  to  freedom
of  movement,  the  Commission  also  sought  to  ensure  that

In  monitoring  the  application  of  specific  market  organi(cid:220)
sation  mechanisms,  the  Commission  continued  to  keep  a
close  watch  on  the  use  of  production  control  mech(cid:220)
it
anisms,  particularly 

sector,  where 

the  milk 

in 

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C  250/45

conducted  a  systematic  analysis  of  national  measures  to
implement  Regulations  (EEC)  Nos  3952/92  and  536/93.

(EEC)  No  1898/87,  Article  3  of  which  prohibits
products  other  than  milk  and  milk  products  from  being
described  as  "milk’.

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(cid:220)198/96).

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

Furthermore,  under  the  Community  rules  the  Member
States  are  obliged  to  offset  the  linear  reduction  (2,15(cid:216)%)
occurring  in  1990/91  by  supplementary  allocations.

France  failed  to  respect  this  obligation;  although  it  gave
producers  the  2,15(cid:216)%  with  one  hand, 
it  took  away
2,35(cid:216)%  with  the  other.

The  French  system  was  based  on  a  decree  which  was
annulled  by  the  French  Conseil  d’^tat  while  the  case  was
still  pending  before  the  Court  of  Justice.  A  new  decree
was  adopted  which  met  the  Commission’s  objections,
and 
action
accordingly.  However,  other  aspects  of  the  case  are  still
being  examined.

the  Commission  has 

terminated 

its 

the  scheme 

to  Italy
The  Commission  sent  a  reasoned  opinion 
regarding 
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
for  compensation  by  a  producers’
no 
association.

legal  base 

the  UK  authorities  adopted  national 

rules
Since 
implementing  Regulation 
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.

(EEC)  No  1898/87, 

in 

sector, 

the  milk 

Still 
the  Commission  pursued
infringement  proceedings  against  the  Netherlands  for
authorising 
the  marketing  of  drinking  milk  whose
composition  (skimmed  milk  with  25(cid:216)%  of  the  fat  content
of  full  cream  milk)  is  not  provided  for  in  the  exhaustive
list  set  out  in  Regulation  (EEC)  No  1411/71  laying
down  additional  rules  on  the  common  organisation  of
the  market  in  milk  and  milk  products.

In  the  spirits  sector,  the  Commission  sent  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(cid:216)%  and  no  water  may  be
added  to  an  alcoholic  drink  so  that  the  nature  of  the
product  will  not  be  changed.

The  Tribunal  de  Grande  Instance  in  Paris  has  referred  a
case  to  the  Court  of  Justice  for  a  preliminary  ruling  on
the  subject,  which  is  still  pending  (Case  C(cid:220)136/96).

Finally,  in  the  wine  sector,  the  Commission  had  sent  a
reasoned  opinion  concerning  certain  provisions  of  a
German  law  on  wine  which  authorises  the  L…nder  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(cid:220)growers  concerned
not  to  deliver  all  of  their  harvest  to  the  cooperative  or
group  of  which  they  are  members.  The  case  was  closed
after 
in
question.

the  German  authorities  amended 

law 

the 

The  Commission  has  now  shelved  proceedings  after  Italy
adopted  provisions  putting  an  end  to  the  infringement.

The  following  cases  arose  under  the  Community  rules  on
the  description  of  agricultural  products.

Background

9.2.  Harmonisation

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  UK  authorities  to  regard  the
marketing  of  soya  milk  as  an  infringement  of  Regulation

The  number  of  Article  169  infringement  proceedings  for
failure 
implementing  agricultural
directives  has  fallen  considerably  not  only  since  1996
(when  a  number  of  cases  had  to  be  brought  against  the

to  notify  measures 

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new  Member  States  in  respect  of  directives  forming  part
of  the  acquis  communautaire),  but  also  compared  with
1994  and  1995.

The  Commission  had  feared  that  the  large  number  of
proceedings  commenced 
in  a
substantial  increase  in  reasoned  opinions  in  1997,  but
these  fears  proved  to  be  unfounded,  as  the  number  of
reasoned  opinions  sent  fell  from  118  in  1996  to  77  in
1997.

in  1996  might  result 

As  a  result  of  these  positive  developments,  the  number  of
cases  referred  to  the  Court  has  also  fallen  off  slightly.  In
any  event,  cases  brought  before  the  Court  are  generally
settled  before  any  judgment  has  to  be  given  -  except  in
the  case  of  two  Member  States.

in 

implementing  Court 

Progress 
judgments  has  been
satisfactory:  all  the  outstanding  Article  171  proceedings
were  settled  during  the  year.

Situation  in  the  Member  States

the  Member  States  have  had 

infringement
All 
them.  However,  cases
proceedings  brought  against 
against  Denmark,  Spain,  the  Netherlands  and  the  United
Kingdom  are  generally  settled  at  an  early  stage.

The  generally  positive  trend  recorded  in  Belgium  in  1996
continued  in  1997,  although  the  Court  did  condemn
Belgium  for  failing  to  transpose  Directive  92/119/EEC
(swine  vesicular  disease  -  judgment  of  2  October  1997
-  transposed  in  December  1997)  and  another  case  was
referred  by  the  Commission  regarding  the  transposal  of
Directive  93/119/EEC  (protection  of  animals  at  the  time
of  slaughter  or  killing).

the  requisite  measures 

The  situation  in  Germany  is  deteriorating,  with  delays  in
transposal  building  up  in  all  sectors  except  animal  feed(cid:220)
ingstuffs.  The  Court  censured  Germany  for  failing  to
take 
transpose  Directives
91/414/EC  (plant  protection  products)  92/116/EEC
(trade  in  poultry  meat),  93/48/EEC  (fruit  plant  propa(cid:220)
gating  material),  93/49/EEC  (ornamental  plant  propa(cid:220)
gating  material)  and  93/61/EEC  (vegetable  plants).
Further  cases  pending  before 
the  Court  concern
Germany’s  failure  to  incorporate  into  national  law  no

to 

than 

twelve  directives  on  plant  health 

less 
(plant
protection  products,  organisms  harmful  to  plants  or  plant
products)  and  seeds  and  plants  (propagating  material  for
fruit  plants,  ornamental  plants  and  vegetable  plants).
Another  symptom  of  this  worrying  state  of  affairs  is  that
the  Commission  has  sent  more  reasoned  opinions  to
Germany  than  to  the  other  Member  States,  mainly  in
relation  to  the  plant  health  directives.

The  situation  in  France  is  somewhat  contradictory.  Only
one  reasoned  opinion  was  sent  in  1997  (concerning  a
plant  health  directive),  which  represents  a  marked
improvement,  but  six  cases  are  still  before  the  court
concerning  Directives  95/10/EC  (energy  value  of  dog
and  cat  food),  93/74/EEC,  94/39/EC  and  95/9/EC
(animal  feedingstuffs  intended  for  particular  nutritional
purposes),  93/119/EC  (protection  of  animals  at  the  time
of  slaughter  or  killing)  and  94/28/EC  (imports  of  bovine
animals  and  their  semen,  ova  and  embryos).

incorporated 

Greece  has  made  a  major  effort  to  cut  down  on
transposal  delays.  It  has  not  only 
into
national  law  three  Directives  on  which  the  Court  gave
judgment 
in  1996  -  91/414/EC  (plant  protection
products),  92/118/EC  (products  not  subject  to  specific
rules)  and  93/52/EC  (bovine  embryos)  -  but  also
settled  most  of  the  other  existing  disputes.  The  remaining
transposal  delays  affect  mainly  the  veterinary  directives.

Italy  has  also  made  a  certain  amount  of  progress.  If  we
look  at  the  infringement  proceedings  in  motion  at  the
Article  169  letter  or  reasoned  opinion  stage,  we  find  that
the  delays  in  transposal  are  now  around  the  Community
average.  However,  Italy  still  has  problems  in  clearing  the
backlog  of  transposal  delays  from  the  past.  In  1997  the
Court  censured  the  Italian  authorities  for  failing  to
incorporate  ten  directives 
law.  Never(cid:220)
theless,  by  the  end  of  the  year,  Italy  had  implemented  all
but  four  of  these  judgments  -  three  on  animal  feed(cid:220)
ingstuffs  directives  and  one 
field
(Directive  92/116/EEC  -  fresh  meat  and  poultry  meat).

the  veterinary 

into  national 

in 

The  positive  trend  recorded  in  Luxembourg  in  1996
continued  in  1997.  The  only  serious  delay  is  in  the
transposal  of  Directive  94/28/EC  (imports  of  bovine
animals  and  their  semen,  ova  and  embryos).  This  case
was  referred  to  the  Court  in  October  1997.

Portugal’s  transposal  rate  has  also 
theless,  major  problems  remain 

improved.  Never(cid:220)
the

in  respect  of 

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transposal  of  Directives  94/28/EC  (imports  of  bovine
animals  and 
semen,  ova  and  embryos)  and
94/37/EC,  94/79/EC,  95/35/EC  and  95/36/EC  (all
concerning  plant  protection  products).

their 

Sweden  has  now  incorporated  into  national  law  all  the
directives  concerning  seeds  and  plants,  feedingstuffs  and
plant  health  which  formed  part  of  the  acquis  commun(cid:220)
autaire  on  its  accession.  The  only  significant  delay  in
transposal  concerns  two  veterinary  directives  on  trade  in
bovine  and  porcine  animals  and  two  forestry  directives.
There  are  hardly  any  problems  concerning  the  transposal
of  directives  which  have  fallen  due  for  transposal  since
accession.

Finland  has  made  a  tremendous  effort,  having  settled  no
less  than  243  infringement  proceedings  in  1997,  notably
as  a  result  of  its  success  in  finding  solutions  for  the
transposal  of  directives  in  the  ¯land  Islands,  which  have
considerable  autonomy  in  agricultural  matters.  Of  the
directives  whose  transposal  deadline  predates  accession,
only  five  (all  in  the  veterinary  field)  have  still  to  be
law.  There  are  no  major
incorporated 
problems  in  the  transposal  of  directives  that  have  fallen
due  for  transposal  since  Finland  joined  the  Community.

into  national 

As  for  the  infringement  proceedings  against  Member
States  who  failed  to  fulfil  their  obligations  concerning
Community  legislation  on  bovine  spongiform  encepha(cid:220)
lopathy  (BSE),  the  Commission  sent  a  reasoned  opinion
to  France  for  failing  to  apply  Decision  96/449/EC  on
the  approval  of  alternative  heat  treatment  systems  for
processing  animal  waste  with  a  view  to  the  inactivation
of  spongiform  encephalopathy  agents.

Implementation 
standards)  in  the  agricultural  sector

of  Directive 

83/189/EEC 

(technical

legislation,  pursuant 

the  relevant  secondary 

In  1997,  a  total  of  204  draft  legislative  texts  notified  by
the  Member  States  (198)  and  the  EFTA  countries  (6)
were  examined  in  the  light  of  Article  30  of  the  Treaty
and 
to
(as  amended  by  Directives
Directive  83/189/EEC 
88/182/EEC  and  94/10/EC).  In  around  fifty  cases,  after
systematic  analysis  of 
the  Commission
requested  amendments  to  ensure  that  adoption  of  the
regulations  concerned  would  not  create  barriers  to  the
free  movement  of  goods.  Fifteen  drafts  were  the  subject
of  discussions  during  the  three(cid:220)month  standstill  period,
as  a  result  of  which  the  original  texts  were  amended
accordingly.  Nineteen  drafts  gave  rise 
to  reasoned
opinions  and  twenty  to  observations  by  the  Commission.

the  drafts, 

is 

rate 

in  Austria 

Despite  considerable  improvements  over  the  year,  the
transposal 
low.  The
Commission  has  found  that  transposal  is  very  slow  in
areas  that  come  under  the  responsibility  of  the  L…nder
(plant  health  and  animal  health).  As  a  result  many
directives  that  are  vital  for  the  operation  of  the  internal
market  are  still  not  applied  throughout  Austria.

still 

too 

Incorrect  transposal  and  incorrect  application

incorrect  transposal  or 

By  keeping  up  a  dialogue  with  the  Member  States,
Commission  departments  are  generally  able  to  shelve
cases  of 
incorrect  application
before  they  reach  the  litigation  stage.  As  a  result  very
few  cases  reach  a  stage  where  reasoned  opinions  have  to
be  sent  or  the  matter  has  to  be  referred  to  the  Court.
Accordingly,  the  Commission  sent  only  three  reasoned
opinions  in  1997  for  these  types  of  infringement  -  two
the  United  Kingdom  -
to  Greece  and  one 
concerning  national  legislation  that  fails  to  comply  with
Directive  93/118/EC  on 
financing  of  health
inspections  and  controls  of  fresh  meat  and  poultry  meat.

the 

to 

in  Directive  83/189/EEC, 

The  proliferation  of  notifications  in  1997  was  due  largely
-  and  predictably  -  to  the  Securitel  judgment  of  30
April  1996,  in  which  the  Court  formally  enshrined  the
principle  that  national  legislation  that  is  not  notified  to
in  spite  of  the
the  Commission  at  the  draft  stage, 
requirements 
is
laid  down 
inapplicable  to  third  parties.  Anxious  to  avoid  litigation,
the  Member  States  now  take  care  not  only  to  notify
systematically  any  draft  national  legislation  in  areas  that
have  not  been  harmonised,  but  also  to  notify  rules
already  in  force  in  order  to  put  an  end  to  recognised
infringements.  For  example, 
in  1997  the  Netherlands
notified  60  agricultural  regulations  which  it  had  adopted
between  1989  and  1996  without  observing  the  prior
notification 
by  Directive
laid 
83/189/EEC.

procedure 

down 

In  exercising  its  duty  to  monitor  the  implementation  of
the  Directive,  the  Commission  keeps  a  close  watch  to
ensure  that  Member  States  comply  with  their  obligation
to  notify  all  draft  instruments  containing  technical  rules
or 
it
commenced  four  infringement  proceedings  for  failure  to
observe  the  notification  procedure.  Only  one  of  these
cases  (against  Portugal)  reached  the  stage  where  the
Commission  was  forced  to  send  a  reasoned  opinion.

scrutinising  many 

standards.  After 

cases, 

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9.3.(cid:217)Progress 

in 

implementing  Directives  applicable  to  agri(cid:220)

culture

Member  State

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United  Kingdom

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

383
383
383
383
383
383
383
383
383
383
383
383
383
383
383

369
375
359
367
373
363
371
355
368
378
356
362
375
374
376

%

96
98
94
96
97
95
97
93
96
99
93
95
98
98
98

Note:(cid:217)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,
97/6,  97/47.

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,  96/12,  96/14,  96/15,  96/32,  96/33,  96/46,
96/68,  96/78,  97/14,  97/57.

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,  92/107,  93/17,  93/48,  93/49,  93/61,  93/62,  93/63,
93/64,  93/78,  93/79,  95/6,  96/18,  96/72.

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,  82/894,
83/91,  83/201,  84/319,  84/643,  84/644,  84/645,  85/73,  85/320,
85/321,  85/322,  85/511,  85/586,  87/328,  87/486,  87/487,
87/489,  87/491,  88/166,  88/289,  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,  93/119,  93/120,  93/121,  94/28,
94/42,  94/59,  94/65,  94/71,  95/22,  95/23,  95/25,  95/29,  95/68,
95/70,  95/71,  96/22,  96/23,  96/43,  96/90,  96/93,  97/2,  97/22.

FISHERIES

10.  INTRODUCTION

11.  SITUATION  SECTOR  BY  SECTOR

11.1.  Markets

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.

Member  States’  application  of  the  Community  rules
relating  to  the  common  organisation  of  the  market  may
now  be  considered  satisfactory.  The  only  infringement
proceeding  still  outstanding  -  a  case  against  Belgium
concerning  the  recognition  of  producers’  organisations
-  was  terminated.

fisheries 

The  Commission  also  continued  its  systematic  scrutiny  of
for
national 
compatibility  with  Community  law,  notably  as  regards
the  grant  of  flag  rights  and  technical  resource  conser(cid:220)
vation  measures.

aquaculture 

legislation 

and 

11.2.  Resources

The  Commission  continued  to  monitor  the  Member
States’ 
implementation  of  the  new  control  measures
under  the  common  organisation  of  the  market.

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In  this  connection  two  reasoned  opinions  were  sent  -  to
France  on  4  June  and  to  Spain  on  8  July  -  for  failure  to
carry  out  compulsory  checks  to  ensure  that  national
quotas  are  not  exceeded.

11.3. Compatibility  with  Community 

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

The  proceedings  under  way  against  France  and  Ireland
for  failing  to  inspect  the  use  of  large  drift  nets,  against
Sweden  for  establishing  a  fish  conservation  area  and
against  France  for  illegitimately  authorising  fishing  in  the
Guianan  fishing  grounds,  were  all  terminated  after  the
national  practices  and 
concerned  were
amended  to  comply  with  Community  law.

legislation 

In  1997  the  Commission  continued  to  scrutinise  national
legislation  on  the  grant  of  flag  rights  to  fishing  vessels
for  conformity  with  Community  law.

infringement  proceeding  against  Denmark 

The 
in
relation  to  the  grant  of  flag  rights  and  fishing  licences
has  been  dropped.

ENVIRONMENT

12.  INTRODUCTION

12.1.  General  situation

to 

problems  drawn 
the  Commission’s  attention  by
complaints  and  petitions  turn  out  not  to  constitute
infringements,  either  because  there  is  no  relevant  legal
base  in  Community  law  or  because  the  complainants’  or
petitioners’  allegations  are  unfounded  in  fact  or  in  law.

of 

the 

application 

The  Commission  monitors  the  application  of  Community
environmental  law  on  the  basis  of  Article  155  of  the
Treaty  establishing  the  European  Community,  employing
the  procedure  laid  down  in  Article  169.  In  practical
terms  this  entails  checking  that  transposal  measures  are
notified  and  that  they  implement  directives  properly,  and
monitoring 
regulations.  The
Commission  carries  out  these  tasks  either  on  its  own
initiative  or  in  response  to  complaints,  questions  from
Members  of  the  European  Parliament  and  petitions
received  by  the  European  Parliament  exposing  possible
infringements  of  Community 
law.  In  exercising  these
duties  in  1997,  the  Commission  referred  37  cases  to  the
Court  of  Justice  and  sent  69  reasoned  opinions  to  the
Member  States.  These  general  figures  will  give  the
reader  some  idea  of  the  Commission’s  activities  and  the
vigilance  it  exercises  in  monitoring  the  implementation  of
Community  environmental  law.

if 

they 

When  the  Commission  requests  information  in  order  to
examine  specific  cases  and  sends  Article  169  letters  to
their  observations  on
for 
Member  States  asking 
particular  situations  which  appear  to  breach  Community
law,  the  Member  States  generally  supply  the  additional
information,  so  that  a  proper  analysis  can  be  made.
to
However, 
to 
the
cooperate  and  are  very 
Commission’s 
the
Commission  may  have 
infringement
proceedings  pursuant  to  Article  5  of  the  Treaty.  The
Commission’s  tasks  as  guardian  of  Community  environ(cid:220)
mental  law  thus  involves  extensive  correspondence  and
regular  contacts  with  national  government  departments
(package  meetings  or  ad  hoc  meetings).

to 
letters  or  do  not  reply  at  all, 

their  obligation 

to  commence 

fulfil 
late 

replying 

fail 

in 

However,  the  Commission’s  efforts  are  not  confined  to
pursuing  cases  in  the  Court  or  taking  the  final  steps  in
the  pre(cid:220)litigation  procedure, 
reasoned
opinions  and  eliciting  replies  from  the  Member  States.
These  operations 
in
infringement  proceedings,  but  in  fact  many  cases  relating
to  the  environment  are  terminated  before  reaching  that
stage,  usually  after  a  warning 
is  sent  before
proceedings  begin.  A  large  number  of  the  environmental

the  closing 

represent 

sending 

stages 

letter 

i.e. 

the  need 

On  being  alerted  by  the  Commission  to  a  possible
infringement  of  Community  law,  the  competent  auth(cid:220)
orities  of  the  Member  State  often  rectify  the  situation
without 
further  pre(cid:220)litigation
proceedings  or  referral  to  the  Court  of  Justice.  That  is
for  reasoned  opinions  and
figures 
why 
referrals  give  only  an 
the
incomplete  picture  of 
Commission’s  real  activities  in  monitoring  the  application
of  Community  environmental  law.

the  above 

any 

for 

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In  1997  the  Commission  decided,  for  the  first  time,  to
refer  environmental  cases  to  the  Court  of  Justice  in
accordance  with  Article  171  of  the  EC  Treaty  (as
amended  by  the  Treaty  on  European  Union).  Under  the
second  subparagraph  of  Article  171(2),  where  a  Member
State  fails  to  comply  with  a  judgment  delivered  by  the
Court  on  the  basis  of  Article  169,  in  which  it  finds  that
the  State  in  question  has  failed  to  implement  Community
law,  the  Commission  may  bring  the  case  before  the
Court  again,  this  time  requesting  that  financial  penalties
(fines  or  penalty  payments)  be  imposed.  After  referring
five  Article  171  cases  on  the  environment  and  radiation
protection  in  December  1996,  the  Commission  set  out  its
in  January  1997
first  requests  for  financial  penalties 
(fines  ranging  from  ECU  26(cid:216)000  to  ECU  30(cid:216)000  per
day),  in  accordance  with  the  principles  laid  down  in  its
two  communications(cid:216)(˛).  Moreover,  Article  171  has
proved  its  effectiveness  in  this  instance,  since  four  of  the
five  cases  mentioned  above  were  settled  by  the  end  of
1997.  The  Commission  also  decided  to  refer  two  new
cases  to  the  Court,  one  against  Greece  concerning  the
application  of  the  Directive  on  waste  and  the  other
concerning 
of  Directive
79/409/EEC  on  the  conservation  of  wild  birds.  In  1997,
around  fifteen  cases  reached  the  Article  171  letter  or
reasoned  opinion  stage,  for  failure  to  notify  national
implementing  measures,  incorrect  transposal  or  incorrect
application.  These  cases  are  described  in  more  detail  in
the  section  below  dealing  with  individual  sectors.

transposal 

Belgium’s 

to 

inspections 

Community 

"Implementing 

the  national  courts  - 

(1)  guidelines  on  minimum  criteria 

Another  feature  of  1997  was  the  follow(cid:220)up  to  the
communication  adopted  by  the  Commission  in  October
1996, 
Environmental
Law’(cid:216)(ˇ),  which  proposed  three  new  avenues  to  be
explored: 
for
environmental 
in  the  Member  States;  (2)
national  procedures  for  receiving  and  examining  public
complaints  on  the  application  of  relevant  legislation;  and
(3)  broader  access 
in
connection  with  the  application  of  Community  environ(cid:220)
mental  law  -  for  members  of  the  public  and  represen(cid:220)
tative  organisations,  with  due  regard  for  the  principle  of
the  Council  adopted
subsidiarity.  Parliament  and 
resolutions 
the
guidelines  laid  down  in  the  communication  and  even
further.
encouraging 
Specific  measures  to  follow  up  the  communication  will
be  announced  early 
the
communication,  an  Annual  Survey  will  be  introduced,
on
which  will 
above
Community 

in  May  and  June  1997  welcoming 

information 
and 

in  1998.  As  proposed 

the  Commission 

environmental 

law  over 

additional 

provide 

them 

take 

to 

in 

that  contained  in  the  annual  report  on  the  monitoring  of
the  application  of  Community  law.

There  have  been  a  number  of  developments 
in
Community  environmental  law,  which  will  be  dealt  with
in  more  detail  in  the  section  dealing  with  individual
sectors.  The  following  Directives  were  finally  adopted  in
1997:

-(cid:217)Directive 

97/11/EC 

Directive
85/337/EEC  on  the  assessment  of  the  effects  of
certain 
the
environment;

projects  on 

amending 

private 

public 

and 

-(cid:217)Directive  97/35/EC  amending  Council  Directive
the

90/220/EEC  on 
environment  of  genetically  modified  organisms;

the  deliberate  release 

into 

-(cid:217)Directive 

97/49/EC 

amending 

Directive

79/409/EEC  on  the  conservation  of  wild  birds;

-(cid:217)Directive  97/62/EC  amending 

the  annexes  of
Directive  92/43/EEC  on  the  conservation  of  natural
habitats  and  of  wild  fauna  and  flora;

-(cid:217)Directive  97/69/EC  adapting  to  technical  progress
for  the  23rd  time  Council  Directive  67/548/EEC  on
the 
labelling  of
dangerous  substances.

classification,  packaging 

and 

The  Regulation  on  international  trade  in  species  of  wild
fauna  and  flora  in  danger  of  extinction  ("CITES  Regu(cid:220)
lation’)  was  replaced  in  1997  by  Regulation  (EC)  No
338/97,  amended  and  clarified  by  Regulations  (EC)  No
938/97,  No  939/97  and  No  2307/97.

it 

is  worth  pointing  out 

Finally, 
"IPPC
Directive’(cid:216)(—),  adopted  on  24  September  1996,  must  be
incorporated  into  national  law  by  30  October  1999.  This
Directive  belongs  to  a  new  generation  of  Community
initiatives 
a
broad(cid:220)based  approach,  making  due  allowance  for  the

environment  which 

adopt 

that 

the 

the 

on 

(˛)(cid:217)Memorandum  on  applying  Article  171  of  the  Treaty,  OJ
C(cid:217)242,  21.8.1996,  p.  6;  Method  of  calculating  the  penalty
payments  provided  for  pursuant  to  Article  171,  OJ  C  63,
28.2.1997,  p.  2.

(ˇ)(cid:217)COM(96)  500,  22  October  1996.

(—)(cid:217)Council  Directive  96/61/EC  of  24  September  1996
concerning  integrated  pollution  prevention  and  control,  OJ
L  257,  10.10.1996,  p.  26.

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this  Directive, 

principle  of  subsidiarity  and  encouraging  the  partici(cid:220)
pation  of  all 
interested  parties  and  synergy  between
industry  and  the  environment.  Given  the  novel  features
of 
in
advising  Member  States  to  begin  work  on  transposing  it
as  soon  as  possible.  Indeed  it  has  set  up  an  informal
group  of  experts,  which  met  in  the  course  of  1997,  to
assist  the  Member  States  in  the  task  of  transposal.

the  Commission  feels 

justified 

12.2. Notification  of  national  implementing  measures

Directives  are  legal  instruments  which  are  binding  on
Member  States  as  to  the  result  to  be  achieved,  but
leaving  them  free  to  choose  the  form  and  methods  to  be
used.  They  generally  require  national  measures  to  be
adopted  to  ensure  that  the  obligations  they  lay  down  are
actually  met.  Each  new  directive  sets  a  time  limit  (usually
one  to  two  years)  for  Member  States  to  amend  their  own
law  in  line  with  its  provisions.  Member  States  must  notify
transposal  measures  by  this  deadline.

for  any  of 

Quite  often  Member  States  fail  to  notify  implementing
measures  for  every  provision  of  a  new  Directive  -  or  in
some  cases 
time.
Infringement  proceedings  then  have  to  be  commenced.
Except 
the
Commission  of  transposal  measures  reflects  a  delay  in
actual  transposal.

its  provisions  - 

in  rare  cases, 

in  notifying 

the  delay 

in 

Moreover,  every  time  a  new  Directive  is  adopted,  the
Commission  takes  pains  to  remind  all  the  Member  States
that 
the  prescribed
deadline;  it  does  so  once  after  the  instrument  is  adopted
and  again  before  the  transposal  deadline.

transposal  must 

take  place  by 

As  in  every  previous  annual  report  on  the  monitoring  of
the  application  of  Community  law,  the  Commission  must
report  that  the  Member  States  are  finding  it  difficult  to
comply  with 
transposal  of
Community  directives  on  the  environment.  In  1997  it
had  to  commence  infringement  proceedings  against  all
the  Member  States  at  least  once  (in  the  case  of  the
Netherlands  and  Denmark,  once  only).

the  deadlines 

the 

for 

This  tendency  for  Member  States  to  be  late  in  trans(cid:220)
posing  directives  is  probably  due  to  a  number  of  factors.

First,  the  delays  can  sometimes  be  attributed  to  the  insti(cid:220)
tutional  and  administrative  structures  of  the  Member
States.  For  example  there  are  still  delays  in  the  notifi(cid:220)
cation  of  texts  implementing  several  directives  in  the
autonomous  Finnish  province  of 
the  ¯land  Islands.
While  it  is  up  to  each  Member  State  to  determine  exactly
how  to  discharge  its  obligations  under  Community  law,
the  measures  it  adopts  must  be  effective  by  the  transposal
deadline.  Implementation  may  also  be  held  up  by  specific
internal  institutional  problems  in  the  Member  States  -
for  example  the  notification  of  measures  transposing  the
water  Directives  in  the  new  German  L…nder.  As  for  the
method  adopted  by  the  Italian  authorities  (a  special
"Community  Act’  with  general  scope),  it  has  not  yet
yielded  the  expected  results  and  many 
infringement
proceedings  are  still  in  motion  against  Italy.

Second,  in  extremely  technical  fields,  such  as  chemicals
and  biotechnology,  some  Member  States  clearly  have
problems  keeping  up  the  transposal  rate  for  successive
adaptations  to  technical  progress.  For  example  in  1997
the  Court  of  Justice  held  that  Belgium  had  failed  to  fulfil
its  obligations  regarding  Directive  67/548/EEC  on
dangerous  substances  on  several  occasions.

The  new  Member  States  have  now  transposed  nearly  the
entire  acquis  communautaire,  although  there  are  still
occasional  delays  in  notifying  implementing  measures  in
full.

More  than  ever  the  Commission  must  insist  on  the  need
for  coordination  between  the  representatives  of  the
Member  States  who  negotiate  directives  and  the  national
bodies  responsible  for  transposing  them,  so  that  the  latter
are  aware  of  the  need  to  begin  work  on  transposal  and
are  also  given  the  opportunity  to  assess  the  changes  to
national  law  which  a  new  Community  instrument  will
entail.

Given  the  average  time  generally  required  to  adapt
national  legal  systems  in  order  to  transpose  directives,
particularly  where  the  national  parliament  must  intervene
to  change  the  law,  experience  suggests  that  Member
States  should  take  full  advantage  of  the  time  allowed  to
carry  out  this  exercise  and  thus  avoid  any  infringement
proceedings  being  commenced  by  the  Commission.  As

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in  place, 

in  notifying 

the  Commission  systematically  checks  whether  transposal
infringement  proceedings  for
measures  are 
delays 
implementing  measures  can  be
avoided  only  by  diligently  embarking  on  the  legal  and
administrative  task  of  determining  exactly  what  has  to  be
transposed  (since  certain  regulations  already 
in  force
may  suffice)  immediately  after  the  new  Community  rules
are  adopted,  and  then  by  promulgating 
instruments
under  national  law  to  secure  transposal.

Several  directives  were  due  to  be  implemented  in  1997:

-(cid:217)Directive  97/35/EC  adapting  to  technical  progress
for  the  second  time  Council  Directive  90/220/EEC
on  the  deliberate  release  into  the  environment  of
genetically  modified  organisms;

-(cid:217)Directive  97/62/EC  adapting 

technical  and
scientific  progress  Directive  92/43/EEC  on 
the
conservation  of  natural  habitats  and  of  wild  fauna
and  flora;

to 

-(cid:217)certain  provisions  of  Directives  93/21/EEC  adapting
to  technical  progress  for  the  18th  time  and  Directive
96/54/EC  adapting  to  technical  progress  for  the
22nd  time  Council  Directive  67/548/EEC  on  the
classification,  packaging  and  labelling  of  dangerous
substances.

The  Commission  keeps  constant  watch  to  ensure  that
Member  States  fulfil  their  obligation  to  notify  national
implementing  measures,  for  until  measures  are  notified,
it  cannot  carry  out  its  task  of  checking  that  they  comply
with  Community  law  and  are  effectively  applied.

The  table  at  point  2.8  lists  the  directives  in  force  in  the
environmental 
in
implementing  them.

progress 

outlines 

field 

and 

the 

infringement  proceedings  reach 

Before 
litigation
stage,  the  Commission  and  the  Member  States  have  an
opportunity  to  discuss  areas  where  national  legislation
needs  to  be  brought  into  line  with  Community  law.  In  its
"package  meetings’  with  national
correspondence  and 
government  departments,  the  Commission  is  able  to  put
questions  to  the  Member  States,  which  can 
in  turn
express  their  own  points  of  view,  so  that  any  problems
identified.  Only  rarely  does  the
outstanding  can  be 
Commission  have  to  call  on  the  Court  of  Justice  to
determine  whether  a  Member  State  has  failed  to  fulfil  its
obligations.

Problems  of  non(cid:220)conformity  arise  for  a  variety  of
reasons.  First, 
responsibilities
the  apportioning  of 
between  different 
levels  (national,  regional  or  other)
within  a  Member  State  may  make  it  harder  to  bring  its
whole  legal  system  into  line.  Second,  difficulties  may
arise  in  amending  national  law  because  of  the  effect  of
environmental  provisions  on  other  areas  of  State  activity
(agriculture,  transport,  industry,  etc.).  Another  problem
legislation  covers  the
may  be  that  existing  national 
subject(cid:220)matter  of  a  directive,  but  needs  amending  in  line
with  new  Community  requirements.

Even  allowing  for  these  difficulties,  some  proceedings  for
incorrect  transposal  could  easily  be  avoided 
if  other
Member  States  followed 
the  example  of  Denmark,
Germany,  Finland  and  Sweden  and  took  the  trouble  to
tables
attach  detailed  explanations  and  concordance 
matching  national  provisions  with  the  corresponding
Community  provisions  whenever 
the
Commission  of  legislation  and  regulations  designed  to
transpose  directives.  This  would  cut  down  on  misunder(cid:220)
standings  and  make  problems  easier  to  spot.  It  would
also  make  conformity  checks  at  Community  level  easier,
while  the  Member  States  would  benefit  directly  from
having  fewer  infringement  proceedings  brought  against
them.

they  notified 

12.3. Conformity  of  national  implementing  measures

Member  States  are  required  not  only  to  adopt  measures
to  implement  directives,  but  also  to  ensure  that  these
law.  Infringement
measures  comply  with  Community 
proceedings  for  non(cid:220)conformity  are  in  motion  against  all
the  Member  States  and  in  all  areas  of  environmental
legislation.

tasks 

The  Commission’s  monitoring 
further
complicated  by  the  choice  of  certain  legislative  tech(cid:220)
legal
niques  for  transposal  (e.g.  the  use  of  several 
instruments),  so  that  there  is  a  special  need  to  work
more  closely  with  Member  States  which  choose  such
methods,  in  order  to  explain  the  details  of  transposal.

are 

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Finally,  it  is  worth  noting  the  progress  made  by  the  three
newest  Member  States  -  Austria,  Sweden  and  Finland
-  in  incorporating  Community  environmental  law  since
joining  the  Community  on  1  January  1995.  The  acquis
communautaire  of  environmental  law  (the  Treaties  and
secondary  legislation)  is  binding  on  these  countries  as  it
is  on  the  other  Member  States.  However,  according  to
their  Act  of  Accession  to  the  Community(cid:216)(˛),  Austria,
Finland  and  Sweden  may  maintain  certain  standards  that
differ  from  those  laid  down  in  particular  environmental
directives(cid:216)(ˇ)  for  a  transitional  period  of  four  years  after
accession.  During  this  transitional  period,  the  existing
Community  provisions  are  being  revised  in  accordance
with  Community  procedures.  Every  six  months  or  so  the
Commission  holds  a  high(cid:220)level  meeting  with  represen(cid:220)
tatives  of  the  three  States  to  review  progress  in  this
revision  process.

12.4.  Correct  application  of  directives

The  Commission  is  also  responsible  for  checking  that
Community  law  (directives  and  regulations)  is  properly
applied.  This  means  ensuring  that  Member  States  fulfil
certain  general  obligations 
areas,
implementation  of  programmes,  etc.)  and  examining
specific  cases  where  a  particular  administrative  practice
or  decision  is  alleged  to  be  contrary  to  Community  law.
But  whether  the  problems  at  issue  are  general  or  specific,
the  Commission’s  task  of  monitoring  application  is  an
important  one.

(designation  of 

In  its  scrutiny  of  individual  cases,  the  Commission  must
analyse,  from  a  factual  and  legal  standpoint,  problems
that  are  very  tangible  and  are  of  direct  concern  to  the

(˛)(cid:217)Articles  69,  84  and  112  of  the  Act  of  Accession  of  Austria,
Finland  and  Sweden  provide  for  transitional  measures  for
certain  environmental  standards.

(Directives 

67/548/EEC 

and  pesticides 

(ˇ)(cid:217)Classification  and  labelling  of  dangerous  substances,  prep(cid:220)
(as
arations 
amended),  88/379/EEC  and  78/631/EEC) 
in  Austria,
Finland  and  Sweden;  limit  value  for  mercury  in  alkaline
manganese  batteries  (Directive  91/157/EEC)  in  Austria  and
Sweden;  classification,  packaging  and 
the
release  on  the  market  of  plant  protection  products  (Directive
91/414/EEC)  in  Austria  and  Finland;  different  limit  values
for  benzene  in  petrol  (Directive  85/210/EEC)  and  sulphur
in  gasoil  (Directive  93/12/EEC)  in  Austria;  restrictions  on
sale  and  use  of  cadmium,  arsenic,  organostanic
the 
compounds 
(Directive
pentachlorophenol 
76/769/EEC)  in  Austria,  Finland  and  Sweden.  Likewise,
in  respect  of  certain
Austria  was  granted  derogations 
provisions  of  the  Directive  on  the  quality  of  bathing  water
(76/160/EEC),  which 
implement  by
1(cid:217)January  1997.

it  was  required  to 

labelling 

(PCP) 

and 

for 

public.  This  can  give  rise  to  certain  practical  difficulties,
since  proper  scrutiny  demands  detailed  knowledge  of  the
case  in  point,  but  the  Commission  is  both  geographically
remote  and  ill(cid:220)equipped  to  conduct  investigations,  having
no  resources  to  carry  out  inspections  in  the  environ(cid:220)
mental  field.  Yet  scrutiny  is  a  vital  task,  because  what
matters  most  to  individual  citizens  is  that  the  law  is
effectively  applied  to  their  own  particular  circumstances,
and  because  there  is  a  danger  that  Community  law  may
be  formally  transposed  without  any  changes  in  actual
behaviour  to  the  extent  required  by  Community  rules.

to 

far 

sent 

inspections, 

the  obligations  arising 

Complaints  and  petitions 
the  European
Parliament  play  a  vital  role  in  keeping  the  Commission
from
informed  of  how 
directives  and  regulations  are  actually  complied  with.
The  Commission  lacks  the  wherewithal  to  conduct  its
own 
sources  of
information  are  periodic  reports  on  the  application  of
directives,  drawn  up  on  the  basis  of  information  supplied
by  the  Member  States  and  the  Member  States’  replies  to
information.  Certain  well(cid:220)researched
its  requests  for 
complaints 
from  non(cid:220)governmental  organisations  are
particularly  useful  for  the  purposes  of  assessing  the
effective  application  of  Community  rules.

its  only 

formal 

so 

the  conformity  of 

Except  in  rare  cases,  complaints  are  concerned  with
problems  in  the  application  of  Community  law  rather
implementing  measures  or
than 
compliance  with  transposal  deadlines.  After  falling  for
two  years  in  succession,  the  number  of  complaints  has
risen.  The  largest  number  concerned  Spain,  Germany
and  France,  while  Luxembourg,  Finland  and  Sweden
were  the  least  affected;  of  course,  one  must  be  careful  in
drawing  any  conclusions 
the
differences  in  population  size.  The  detailed  figures  are
set  out  in  the  Annex.  If  we  analyse  the  complaints
registered  in  1997  by  broad  categories,  bearing  in  mind
that  they  sometimes  raise  more  than  one  problem,  we
find  that  one  in  every  two  complaints  was  concerned
with  nature  conservation  and  one  in  every  four  with
environmental  impact,  while  waste(cid:220)related  problems  were
raised  in  one  in  ten  cases,  as  were  air  pollution  and
water  pollution.

fact,  given 

from 

this 

practical 

problems 

Complaints  and  petitions  were  mostly  about  specific  and
very 
the
complainants  and  petitioners.  This  was  certainly  true  of
most  complaints  on  environmental 
impact  assessment
(Directive  85/337/EEC)  and  on  the  deterioration  of
areas  designated  or  awaiting  designation  as  special

affecting 

directly 

C  250/54

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protection  areas  under  Directive  79/409/EEC  (wild
birds).  These  problems  sometimes  typify  an  underlying
situation  in  one  or  more  Member  States.

believes  that,  through  this  instrument,  ordinary  citizens
can  make  a  valuable  contribution  to  protecting  the
environment.

The  Commission’s  first  step  is  to  request  information
from  the  Member  State  regarding  the  facts  alleged  by
the  complainant  and  to  draw  the  attention  of  the
competent  authorities  to  the  provisions  of  Community
law  which  may  have  been  infringed.  This  allows  the
Commission  to  check  the  veracity  and  seriousness  of  the
the  complaint  and  may  also
facts  put  forward 
encourage 
the
to 
situation.  If  the  information  available  points  to  a  serious
suspicion  that  Community  law  has  been  breached,  the
Commission  either  pursues  a  specific  proceeding  on  the
basis  of  the  facts  at  its  disposal  or  tries  to  identify  the
general  problem  underlying  the  individual  infringements
with  a  view  to  resolving  it.

the  national  authorities 

rectify 

in 

stem 

from 

incomplete  or 

in
significant  number  of  problems  mentioned 
A 
complaints 
incorrect
the 
transposal  of  directives.  This  is  why,  without  neglecting
incorrect  application  cases  which
the  monitoring  of 
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.  In  this  respect,  the  application
if  national  civil
of  Community 
servants 
informed  about
Community  law  and  received  better  training.

improve 
law  might 
in  particular  were  better 

lack  of  the  requisite  technical 

Some  of  the  infringements  detected  through  scrutiny  of
the  complaints  and  petitions  also  pose  questions
infra(cid:220)
regarding  the 
structure.  In  such  cases,  while  monitoring  the  application
of  Community  law  in  matters  of  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.

12.5.  Freedom  of  access  to  information

Directive  90/313/EEC  on  the  freedom  of  access  to
information  on 
is  a  particularly
the  environment 
important  piece  of  general  legislation:  keeping  the  public
informed  ensures  that  all  environmental  problems  are
taken  into  account,  encourages  enlightened  and  effective
decision(cid:220)making 
participation 
and
control.  The  Commission
strengthens 

democratic 

collective 

in 

Although  all  the  Member  States  have  notified  national
measures  transposing  the  Directive,  there  are  many  cases
where  national  law  still  has  to  be  brought  into  line  with
its  requirements.  The  Commission  must  therefore  press
ahead  with  infringement  proceedings,  although  to  date
the  results  have  not  been  satisfactory.

sent 

In  1997  the  Commission  brought  a  case  before  the  Court
of  Justice  concerning 
legislation  (Case
the  German 
the
reasoned  opinions 
C(cid:220)217/97), 
Netherlands  and  Portugal  and  pursued  proceedings
against  a  number  of  other  Member  States.  Italy  has
finally  notified  its  implementing  legislation,  but  there  are
still  some  problems  of  conformity.

to  Spain, 

the  non(cid:220)conformity  of 

Although  the  Commission  is  well  aware  of  the  difficulties
in  amending  national  legislation  where  this  is  likely  to
cause  major  changes  in  administrative  practice,  it  is  duty
bound  to  report  cases  of  incorrect  application  raised  in
complaints.  For  the  most  part,  the  complaints  it  receives
transposal  measures.
concern 
Among  the  most  common  subjects  of  complaint  are  the
refusal  by  national  authorities  to  respond  to  requests  for
information,  the  time  taken  for  replies,  a  tendency  by
national  government  departments  to  adopt  an  excessively
broad  interpretation  when  allowing  exceptions  to  the
principle  of  disclosure,  and  demands  for  payment  of
unreasonably  high  fees.

As  required  by  Article  8  of  Directive  90/313/EEC,  all
the  Member  States  -  except  Portugal,  against  which
infringement  proceedings  have  been  commenced  as  a
result  -  have  sent  a  report  on  the  experience  they  have
gained  in  applying  the  Directive.  Using  these  reports  as  a
basis,  the  Commission  will  present  its  own  report  to
Parliament,  probably  before  the  end  of  1998,  together
with  any  proposals  it  has  for  revising  the  Directive.

The  Commission  encourages  complainants  to  make  use
of  the  procedures  available  under  the  Directive  and
national  transposal  legislation.  Under  Article  4  of  the
Directive,  decisions  to  reject  requests  for  access  to
environmental  information  must  be  subject  to  adminis(cid:220)
trative  or  judicial  review.  Where  complaints  are  filed  at
the  same  time  as  judicial  or  administrative  remedies,  the
Commission  asks  complainants  for  information  regarding
the  outcome.

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Finally,  the  Court  of  Justice  will  be  called  on  to  interpret
certain  concepts  contained  in  the  Directive  following
references  for  preliminary  rulings  from  the  German
courts.  In  Case  C(cid:220)321/96,  which  is  still  pending  before
the  Court,  it  has  been  asked  to  interpret  the  terms
"information  relating  to  the  environment’  (Article  2(a)),
"preliminary  investigation  proceedings’  (third  indent  of
Article  3(2)),  and  the  concept  of  the  position  adopted  by
the  authorities  responsible  for  maintaining  sites  of  special
interest  in  an  approval  procedure  for  a  road  construction
project.  In  Case  C(cid:220)296/97  the  Court  has  received  a
request  for  a  preliminary  ruling  on  the  interpretation  of
the  concept  of 
investigation  proceedings’
with  regard  to  access  to  an  expert  opinion  forming  part
of  an  administrative  procedure  for  the  closure  of  a  mine.

"preliminary 

12.6.  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.  The  Directive  requires
environmental  issues  to  be  taken  into  account  in  many
decisions  which  have  collective  effects.

The  Commission  has 
commenced  a  number  of
infringement  proceedings  for  incorrect  transposal  of  the
Directive,  the  Member  States  in  question  having  taken
too  long  to  amend  their  national  legislation  properly.  For
example,  Belgium  has  still  not  fully  implemented  the
judgment  given  by  the  Court  of  Justice  on  2  May  1996
for  incorrect  and  incomplete  transposal  of  the  Directive
(Case  C(cid:220)133/94).  Under  Article  4  of  the  Directive,
Member  States  must  subject  projects  to  an  environmental
impact  assessment  where  they  consider  that  their  charac(cid:220)
teristics  so  require.  Upholding  the  Commission’s  view,
the  Court  found  that  this  Article  cannot  be  interpreted  in
such  a  way  as  to  allow  Flanders  Region,  in  implementing
the  Directive,  to  exclude  from  assessment  totally  and
definitively  one  or  more  classes  of  projects  covered  by
Annex  II.  The  Court  also  criticised  the  lack  of  a  cross(cid:220)
border  consultation  procedure  between  Brussels  and
Flanders  Regions.  While  the  latter  situation  has  since
been  rectified,  the  same  cannot  be  said  for  the  other
point  at  issue  and  the  Commission  is  pursuing  Article
171  infringement  proceedings  accordingly.

Three  actions  concerning  incorrect  transposal  are  still
before  the  Court  -  against  Germany  (Case  C(cid:220)301/95),
Ireland  (Case  C(cid:220)392/96)  and  Portugal  (Case  C(cid:220)150/97).

Infringement  proceedings  are  also  under  way  against
other  Member  States,  such  as  Italy,  Spain  and  Greece.

transposal  measures 

Several  Member  States  have  said  they  will  continue  work
on  amending  national 
the
amending  Directive
light  of  Directive  97/11/EC 
implementing
for 
85/337/EEC(cid:216)(˛).  The 
Directive  97/11/EC 
is  14  March  1999,  but  earlier
transposal  is  always  possible.  However,  the  Commission
cannot  accept  a  legal  vacuum  pending  transposal  of  the
new  Directive.

deadline 

in 

impact  assessment 

thresholds  above  which 

Directive  97/11/EC  makes  four  major  amendments  to
the  original  text  of  Directive  85/337/EEC.  First,  the
scope  of  Annex  I  (compulsory  impact  assessment  in  all
cases)  is  considerably  broadened  to  cover  21  categories
of  projects  instead  of  9.  Second,  Article  4  of  Directive
85/337/EEC  is  amended  to  introduce  a  procedure  based
on  the  selection  criteria  set  out  in  Annex  III  ("screening
procedure’)  for  case(cid:220)by(cid:220)case  examinations  or  the  setting
of 
is
compulsory;  moreover,  this  amendment,  which  provides
a  framework  of  objective  criteria  for  decisions  by  the
Member  States  on  whether  to  subject  a  category  of
projects  to  an  impact  assessment,  is  in  line  with  recent
the
judgments  by 
if  the
amended  version  of  Article  5  provides  that, 
developer  so  requests,  the  authority  responsible  for  auth(cid:220)
orising  projects  must  give  an  opinion  on  the  content  and
the  exact  scope  of  the  information  to  be  supplied  in
connection  with  the  environmental  impact  assessment,  on
the  basis  of  the  specifications  in  Annex  IV  ("scoping
procedure’).  Finally,  the  amended  version  of  Article  7
incorporates  in  Community  legislation,  with  regard  to
relations  between  Member  States,  the  main  provisions  of
in
the  Espoo  Convention,  which  entered 
September  1997(cid:216)(—).

the  Court  of  Justice(cid:216)(ˇ).  Third, 

into  force 

(˛)(cid:217)Council  Directive  97/11/EC  of  3  March  1997  amending
85/337/EEC  on  the  assessment  of  certain  public  and  private
projects  on  the  environment,  OJ  L  73,  14.3.1997,  p.  5.

(ˇ)(cid:217)In  a  judgment  given  on  24  October  1996  in  Case  C(cid:220)72/95
(Aannemerbedrijf  P.(cid:216)K.  Kraaijeveld  BV  et  al.  v  Gedepu(cid:220)
teerde  Staten  van  Zuid(cid:220)Holland)  following  a  reference  for  a
preliminary  ruling  from  the  Dutch  Raad  van  State,  the
Court  of  Justice  held  that  a  Member  State  is  exceeding  the
limits  of 
its  discretion  to  determine  which  projects  are
unlikely  to  have  significant  effects  on  the  environment,  if  it
excludes  in  practice  any  assessment  for  a  whole  category  of
projects,  unless  this  category,  when  viewed  as  a  whole,  can
be  regarded  as  not  being  likely  to  have  significant  effects  on
the  environment.

(—)(cid:217)Convention  on  Environmental  Impact  Assessment 

in  a
in  Espoo,  Finland  on
signed 
Transboundary  Context, 
25  February  1991,  approved  by  the  Community  by  Council
Decision  of  15  October  1996,  not  yet  published  in  the
Official  Journal.

C  250/56

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Parliament  is  still  examining  the  proposal  for  a  Directive
on  the  assessment  of  the  effects  of  certain  plans  and
programmes,  adopted  by  the  Commission  in  December
1996.  The  proposal  seeks  to  take 
into  account  the
problems  of  impact  assessment  not  only  in  individual
projects,  but  also  at  a  more  general  level  in  infrastructure
and  town  and  country  planning.

Many  complaints  received  by 
the  Commission  and
petitions  presented  to  Parliament  denounce,  if  only  in
of  Directive
passing, 
85/337/EEC  by  national  authorities.

application 

incorrect 

the 

the 

that 

the  Directive  has  helped  make 

Now 
impact
assessments  more  widespread  in  all  the  Member  States,
complaints  and  petitions  are  concerned  primarily  with
the  quality  of  impact  assessments  (especially  the  lack  of
adequate  assessment  of  the  indirect  effects  of  the  project)
and  the  lack  of  weight  given  to  recommendations  arising
assessment
from 
evaluation  of 
(particularly  following  public  enquiries) 
the  final
decision.  This  last  objection  partly  covers  cases  where
work  is  started  before  the  impact  assessment  has  been
completed,  one  of  the  other  most  common  complaints.
And  in  the  case  of  projects  falling  under  Annex  II,
Member  States  quite  often  fail  to  give  detailed  grounds
for  their  decision  not  to  carry  out  an  environmental
impact  assessment.

impact 

the 

in 

the  soil,  water,  air, 

It  is  obviously  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  the
project  on  several  factors,  including  human  beings,  flora,
landscape  and  cultural
fauna, 
heritage),  it  is  not  always  easy  to  contest  the  merits  of  a
choice  taken  by  the  national  authorities.  In  its  judgment
of  11  August  1995  concerning  the  construction  of  the
Grosskrotzenburg 
(Case
C(cid:220)431/92,  Commission  v  Germany),  the  Court  of  Justice
held  that  the  Commission,  when  acting  under  the  Article
169  procedure,  must  indicate  on  what  specific  points  the
requirements  of  a  Directive  have  not  been  met,  and
provide  appropriate  evidence.  Such  evidence  is  not  easy
to  produce,  particularly  if  the  complainants  themselves
are  unable  to  supply  it  to  the  Commission.

thermal 

station 

power 

Most  of  the  cases  brought  to  the  Commission’s  attention
concerning  incorrect  application  of  this  Directive  revolve

around  points  of  fact  (existence  and  definition).  There  is
therefore  every  chance  that  the  most  effective  way  to
verify  any  infringements  will  be  at  a  decentralised  level,
particularly  through  the  national  courts.  Complainants
should  therefore  consider  making  full  use  of  internal
means  of  redress,  including  judicial  remedies,  to  enforce
the  rights  conferred  on  them  under  the  Directive.  Where
necessary,  individuals  can  of  course  invoke  the  obligation
of  the  competent  national  authorities  (administrative  or
judicial  authorities)  to  comply  with  Community 
law.
However,  there  is  little  prospect  in  the  short  term  of
cases  no  longer  being  referred  to  the  Commission,  since
at  present  complainants  and  petitioners  are  often  denied
access  to  the  courts,  being  unable  to  prove  an  interest  in
the  matter.  In  the  Commission’s  view,  this  confirms  the
need 
receiving  and
examining  public  complaints  and  for  wider  access  to  the
national  courts  for  the  public  and  representative  organi(cid:220)
the  application  of
in  matters 
sations 
Community  environmental  law.

for  national  procedures 

relating 

for 

to 

The  Court  of  Justice  has  still  to  give  a  preliminary  ruling
in  Case  C(cid:220)81/96,  in  response  to  a  request  from  the
Dutch  Raad  van  State.  The  point  at  issue  is  whether  the
execution  of  a  project  without  an  environmental  impact
assessment  and  on  the  basis  of  an  authorisation  granted
before  the  Directive  entered  into  force  (the  initial  auth(cid:220)
orisation  not  having  been  used 
is
compatible  with  the  Directive,  given  the  fact  that  the
project  now  comes  under  Annex  I  (compulsory  environ(cid:220)
mental  impact  assessment  in  all  cases).

immediately) 

Finally,  the  Commission  held  two  informal  meetings  of
experts  from  national  government  departments  to  help
them  with 
transposal  of  Directive  97/11/EC.
Particular  attention  was  paid  to  the  implementation  of
Article  4  in  conjunction  with  Annexes  II  and  III.

the 

12.7.  Action  needed

The  problems  of  implementing  environmental  law  are  the
same  as  those  highlighted  in  previous  reports  -  delays  in
notifying  national 
implementing  measures,  doubts
regarding  conformity  and  dubious,  uneven  or  weak
application  of  legislation,  which  in  some  cases  fails  to
satisfy  the  public,  as  demonstrated  by  the  usual  high
number  of  complaints  and  petitions.

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The  Commission’s  first  response  to  this  state  of  affairs  is
to  press  ahead  with  its  reform  of  internal  rules  aimed  at
increasing  the  speed  and  effectiveness  of  infringement
procedures.  At  the  same  time  it  will  pursue  the  debate
implementing
opened  up  by 
Community  environmental  law  (mentioned  above)  and
will  be  on  hand  to  assist  the  Member  States  in  trans(cid:220)
posing  and  applying  Community  law.

its  communication  on 

area,  the  Commission  terminated  proceedings  against
them  concerning  Directives  80/779/EEC,  82/884/EEC
and  85/203/EEC  on  air  pollution  from  sulphur  dioxide,
lead  and  nitrogen  dioxide.

the 

regarding 

Taking  a  more  general  view,  the  Commission  is  looking
implementation  of
into  possibilities 
Community  environmental 
law  arising  from  a  whole
series  of  Community  initiatives  in  which  it  is  actively
participating:  the  use  of  environmental  agreements,  civil
liability  in  environmental  matters  in  the  Member  States,
the  extension  of  the  activities  of  the  informal  network
Impel  (Implementation  and  Enforcement  of  EU  Environ(cid:220)
mental  Law)  and 
integration  of  environmental
the 
considerations  in  other  Community  policies.

13.  SITUATION  SECTOR  BY  SECTOR

13.1.  Air

There  has  been  a  significant  drop  in  the  number  of
infringement  proceedings  in  this  sector,  mainly  because
implementing  measures  were  notified  for  a  number  of
directives  -  albeit  late  and  often  after  the  Commission
had  commenced  proceedings.  Problems  persist,  however,
in  the  application  of  directives  dating  from  the  1980s
which  are  now  being  revised  to  step  up  the  protection  of
the  environment,  and  in  respect  of  ozone  and  the  incin(cid:220)
eration  of  waste.

In  1997  the  Member  States  made  up  most  of  the  delays
in  notifying  national  measures  implementing  Directives
93/12/EEC  (sulphur  content  of  certain 
liquid  fuels),
94/63/EC  (emissions  of  volatile  organic  compounds)
and  94/66/EC  (large  combustion  plants).  As  a  result  the
Ireland,
Commission 
Greece,  Portugal,  Belgium,  Italy,  Luxembourg,  Sweden
and  Finland.  However,  delays  still  persist  in  Germany.

terminated  proceedings  against 

The  Commission  ended  the  proceedings  against  the
United  Kingdom  in  respect  of  Directive  85/203/EEC
(nitrogen  dioxide)  and  against  Portugal  in  respect  of
Directive  88/609/EEC  (emissions  from  large  combustion
plants)  after  the  two  countries  brought  their  legislation
into  line.  However,  Portugal  has  not  yet  correctly  imple(cid:220)
mented  Directive  84/360/EEC 
from
industrial  plants),  as  the  authorisation  system  does  not
cover  all  the  plants  referred  to  by  the  Directive.

(air  pollution 

As  regards  the  application  of  these  three  Directives,  the
Commission  is  continuing  to  request  information  from
Member  States  on  the  values  measured  every  time  it
to  shelve  complaints  or
receives  a  complaint,  and 
infringement  proceedings  whenever 
it  finds  that  the
in 
values 
the  directives  are  not  being
laid  down 
exceeded,  a  case 
in  point  being  the  application  of
Directive  80/779/EEC  (sulphur  dioxide  and  suspended
particulates)  at  Bootle  Docks 
in  Merseyside  (United
Kingdom)  and  in  Lisbon  and  Barreiro  (Portugal).

Italy 

relating 

problems 

notification 

to  Directive
The 
92/72/EEC  (air  pollution  by  ozone)  have  now  been
resolved.  The  Commission  abandoned  actions  before  the
Court  against  Greece  and 
(C(cid:220)331/96  and
C(cid:220)286/96),  after  both  countries  notified  implementing
legislation,  while  Portugal  and  Sweden  have  also  sent  in
transposal  measures,  albeit  somewhat  late.  It  is  important
that  this  Directive  is  transposed  and  implemented  as  it  is
concerned  primarily  with  our  knowledge  of  ozone
pollution,  public  information  on  individual  instances  of
pollution  and  the  need  for  more  effective  protection.
Also  it  is  the  first  Community  instrument  to  be  adopted
in  this  field  and  may  be  followed  by  other  instruments
designed  to  combat  ozone  pollution.

As  a  consequence  of  the  efforts  made  by  Austria  and
Finland  to  transpose  the  acquis  communautaire  in  this

There  have  been  a  number  of  complaints  about  the
application  of  the  Directive  in  several  Member  States,
incorrect  application  of
the 
particularly  as  regards 

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information  and  warning 

Article(cid:217)5  in  various  European  towns  and  cities.  Where
the  ozone  levels  laid  down  in  Annex  I  of  the  Directive
on  population 
thresholds
(180(cid:216)mg/m3  and  360(cid:216)mg/m3)  are  exceeded,  the  authorities
responsible  are  required  to  take  the  necessary  steps  to
inform  the  public  (e.g.  by  radio,  television  or  the  press)
which  values  have  been  exceeded,  which  sections  of  the
population  are  affected  and  what  precautions 
they
should  take.  Proceedings  have  been  commenced  against
France  for  failing  to  specify  the  locations  of  measuring
stations  and  not  informing  the  Commission  properly  of
the  outcome  of  the  measures  taken.  Other  Member
States  have  failed  to  provide  the  requisite  information  on
time  or  in  full.

Directive  94/67/EC  on  the  incineration  of  hazardous
waste  fell  due  for  transposal  on  31  December  1996.
Eleven  Member 
notified
implementing  measures  and  the  Commission  is  pursuing
infringement  proceedings  accordingly.

States 

have 

still 

not 

There  are  still  certain  problems  with  regard  to  the  two
the  prevention  of  air  pollution  from
Directives  on 
municipal  waste 
incineration  plants  -  89/369/EEC
(old  plants).  The
(new  plants)  and  89/429/EEC 
Commission  terminated  proceedings  against  Portugal  for
incorrect 
transposal  of  Directive  89/429/EEC,  after
having  referred  the  matter  to  the  Court  of  Justice.
However, 
infringement
is  pursuing  Article  171 
proceedings  against  Italy  following  the  Court’s  judgment
of  26  June  1996  censuring  the  Italian  authorities  for
failing 
two
Directives.  Proceedings  have  also  been  commenced
against  Belgium,  as  its  legislation  transposing  the  two
Directives  was  found  not  to  comply  with  requirements;
the  case  is  still  at  the  pre(cid:220)litigation  stage.

to  notify  measures 

implementing 

the 

it 

In  an  attempt  to  improve  air  quality  in  Athens,  the
Commission  launched  a  scheme  to  monitor  air  quality
with  the  aid  of  the  research  centre  at  Ispra  and  the
municipal  corporation  of  Athens.  The 
results  are
expected  some  time  in  1998.

An  Italian  court  has  referred  a  case  for  a  preliminary
ruling  -  which  is  still  pending  before  the  Court  of
Justice  (Case  C(cid:220)284/95)  -  concerning  the  interpretation
and  validity  of  Council  Regulation  (EC)  No  3093/94  on
substances  that  deplete  the  ozone  layer.  The  main  issue

at  stake  is  the  question  of  restrictions  on  the  production
and  use  of  halons  and  HCFCs,  gases  which  are
dangerous  for  the  environment.

Finally,  Council  Directive  96/62/EC  of  27  September
1996  on  ambient  air  quality  assessment  and  management
was  due  to  be  transposed  by  21  May  1998(cid:216)(˛).  This
Directive  will  form  the  basis  for  a  series  of  forthcoming
Community  instruments  designed  to  set  new  limit  values
for  atmospheric  pollutants,  starting  with  those  already
covered  by  existing  Directives,  lay  down  information  and
alert 
thresholds,  harmonise  air  quality  assessment
methods  and  improve  air  quality  management  with  a
view  to  protecting  human  health  and  ecosystems.

13.2.  Chemicals  and  biotechnology

Community  legislation  on  chemicals  and  biotechnology
covers  various  groups  of  directives  relating  to  products
or  activities  which  have  certain  features  in  common:  they
are  technically  complex,  require  frequent  changes  to
adapt  them  to  new  knowledge,  apply  to  both  the
scientific  and  industrial  spheres  and  deal  with  specific
environmental  risks.  It  is  particularly  important  in  this
field  to  exercise  precaution  as  a  matter  of  principle.

It  is  because  of  these  characteristics  that  most  of  the
transitional  exemptions  allowing  the  three  new  Member
States  to  maintain  higher  standards  fall  within  this  sector.

in 

One  of  the  features  of  Directive  67/548/EEC  on  the
classification,  packaging  and 
labelling  of  dangerous
substances  is  the  frequency  with  which  it  has  to  be
line  with  scientific  and  technical  devel(cid:220)
amended, 
opments.  Thus  Council  Directive  92/32/EEC  amending
Directive  67/548/EEC  for  the  seventh  time  was  due  to
be  transposed  by  31  October  1993,  while  Directive
96/56/EC(cid:216)(ˇ)  provides  for  the  abbreviation  "EEC’  to  be
replaced  by  "EC’,  for  the  purpose  of  labelling  dangerous
substances,  by  1  June  1998.  The  annexes  to  Directive
lists  of  substances,  are
67/548/EEC,  which  contain 

(˛)(cid:217)Directive  96/62/EC  of  the  Council  of  27  September  on
ambient  air  quality  assessment  and  management,  OJ  L  296,
21.11.1996,  p.  55.

(ˇ)(cid:217)Directive  96/56/EC  of  the  European  Parliament  and  the
Council  of  3  September 
amending  Directive
67/548/EEC  on  the  approximation  of  laws,  regulations  and
administrative  provisions 
the  classification,
packaging  and  labelling  of  dangerous  substances,  OJ  L  236,
18.9.1996,  p.  35.

relating 

1996 

to 

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amended  even  more  frequently,  by  means  of  Commission
Directives.  Certain  provisions  of  Directives  93/21/EEC(cid:216)(˛)
(18th  adaptation  to  technical  progress)  and  96/54/EC(cid:216)(ˇ)
(22nd  adaptation)  fell  due  for  transposal  in  1997,  while  a
second  part  of  Directive  96/54/EC  must  be  transposed
by  1  June  1998  and  Directive  97/69/EC(cid:216)(—)  (23rd  adap(cid:220)
tation)  falls  due  for  transposal  by  16  December  1998.

In 

too 

frequent. 

this  case 

With  this  rapid  change  in  Community  texts,  delays  in
transposal  are  all 
the
Commission  automatically  commences  proceedings  and
has  no  hesitation  in  referring  cases  to  the  Court  of
Justice  wherever  necessary.  Although  Belgium  recently
began  work  on  transposal,  it  still  has  difficulty  keeping
up  with  the  implementation  of  successive  adaptations  to
technical  progress  of  Directive  67/548/EEC.  On  29  May
1997  the  Court  of  Justice  found  that  Belgium  had  failed
to  meet  its  obligation  to  transpose  on  time  Directives
93/21/EEC,  91/410/EEC  and  93/90/EEC  -  all  adap(cid:220)
tations  of  Directive 
(Joined  Cases
C(cid:220)313/96,  C(cid:220)356/96  and  C(cid:220)358/96).  Meanwhile  the
Commission  is  pursuing  proceedings  under  Article  171  of
the  Treaty  concerning  the  implementation  of  a  Court
judgment  censuring  Belgium  for  its  delay  in  transposing
another  four  Directives 
in
another  case  the  Court  found  that  Belgium  was  late  in
transposing  Directives  93/72/EEC  and  93/101/EEC
(Case  C(cid:220)190/97,  judgment  given  on  11  December  1997).

in  this  sector(cid:216)((cid:209)).  Finally, 

67/548/EEC 

infringement  proceedings 

By  contrast,  Italy  and  Portugal  have  rectified  their  short(cid:220)
comings.  In  1997  the  Commission  terminated  a  number
against  both  States,
of 
including  one  against  Italy  for  failing  to  transpose
Directive  93/67/EEC  following  the  Court  judgment  of
14  March  1996  (Case  C(cid:220)238/95).  The  Commission  also
shelved  proceedings  against  France,  Greece,  Denmark,
Spain,  United  Kingdom,  Austria  and  Finland  regarding

(˛)(cid:217)Commission  Directive  93/21/EEC  of  27  April  1993
adapting  to  technical  progress  for  the  18th  time  Council
Directive  67/548/EEC,  OJ  L  110,  4.5.1993,  p.  20.

(ˇ)(cid:217)Commission  Directive  96/54/EC  of  30  July  1996  adapting
to  technical  progress  for  the  22nd  time  Council  Directive
67/548/EEC,  OJ  L  248,  30.9.1996,  p.  1.

(—)(cid:217)Commission  Directive  97/69/EC  of  5  December  1997
adapting  to  technical  progress  for  the  23rd  time  Directive
67/548/EEC,  OJ  L  343,  13.12.1997,  p.  19.

and 

((cid:209))(cid:217)Commission  v  Belgium,  Joined  Cases  C(cid:220)218/96,  C(cid:220)220/96,
C(cid:220)221/96 
Directives
93/105/EEC,  92/69/EEC,  93/67/EEC  and  92/32/EEC,
judgment  given  on  12  December  1996;  the  judgment  also
concerned  failure  to  notify  measures  implementing  Directive
93/86/EC  (labelling  of  batteries)  (Case  C(cid:220)219/96).

concerning 

C(cid:220)222/96 

transposal  of  Directive  94/69/EC,  while  pressing  ahead
with  the  cases  against  Belgium,  Portugal  and  Ireland.

The  Commission  has  brought  an  action  before  the  Court
of  Justice  against  Germany  (Case  C(cid:220)192/97)  because  its
legislation  transposing  the  "Seveso’  Directive  (Directive
82/501/EEC  on  the  major  accident  hazards  of  certain
industrial  activities)  is  too  restrictive  with  regard  to  the
plants  and  substances  covered.  Another  case  has  been
referred  to  the  Court  against  Italy  (Case  C(cid:220)336/97)  for
failure  to  apply  the  Directive  correctly  in  respect  of
emergency  plans,  inspections  and  control  measures.  In
1997  the  Commission  also  sent  a  reasoned  opinion  to
of  Directive
Spain 
its  unsatisfactory
82/501/EEC, 
implementation  of  Article  8  (information  on  safety
measures  and  on  the  correct  behaviour  to  adopt  in  the
event  of  an  accident).

incorrect 
in  particular 

application 
for 

for 

It  is  worth  noting  that,  with  effect  from  3  February  2001,
Directive  82/501/EEC  will  be  replaced  by  Directive
96/82/EC,  which  must  be  transposed  by  3  February
1999(cid:216)((cid:210)).  The  new  Directive  aims  to  extend  the  scope  of
its  predecessor  to  cover  more  establishments  which  are  a
potential  source  of  hazardous  accidents  and  to  develop
the  exchange  of  information  between  Member  States.

proceedings 

implementing 

The  Commission 
against
terminated 
Portugal  and  the  United  Kingdom  for  non(cid:220)conformity  of
measures 
87/217/EEC
(prevention  and  reduction  of  environmental  pollution  by
asbestos),  but  continued  its  case  against  Ireland.  The
relevant  Belgian  legislation  is  still  being  scrutinised  for
conformity.

Directive 

As  regards  Directive  86/609/EEC  (protection  of  animals
used  for  experimental  and  other  scientific  purposes),  the
Commission  commenced  actions  in  the  Court  of  Justice
against  Belgium 
and  Portugal
(C(cid:220)299/97)  as  their  transposal  legislation  failed  to  meet
to,
the  requirements  of 
laboratory  staff  and  the
respectively,  the  training  of 
results  of  experiments
the 
mutual 

the  Directive  with  regard 

(Case  C(cid:220)268/97) 

recognition  of 

((cid:210))(cid:217)Council  Directive  96/82/EC  of  9  December  1996  on  the
involving  dangerous

control  of  major  accident  hazards 
substances,  OJ  L  10,  14.1.1997,  p.  13.

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carried  out  in  other  Member  States,  and  inspections  in
establishments  where  animals  are  used.  Infringement
proceedings  are  still  in  motion  against  other  States,  in
particular  Luxembourg  and 
incorrect
transposal  or  incorrect  application.  Sweden  has  yet  to
notify  measures 
the
Directive’s  provisions.

implementing  a  number  of 

Ireland, 

for 

The  Commission  still  receives  complaints  concerning  the
application  of  the  Directive,  particularly  as  regards  the
use  of  stray  dogs  for  experimental  purposes  and  the
welfare  and  accommodation  afforded  to  animals  used  for
experiments.  As  part  of 
these
complaints  -  a  matter  of  great  public  interest  -  the
Commission  makes  use  of  its  contacts  with  the  national
is  properly
authorities  to  ensure  that  the  Directive 
observed.

investigation  of 

its 

90/219/EEC 

The  Directives  on  genetically  modified  organisms
(GMOs)  - 
and
90/220/EEC  (release)  -  were  adapted  to  technical
progress  in  1994  by  Directives  94/51/EC  and  94/15/EC
to  Directive
respectively.  More  recently  Annex  III 
90/220/EEC 
by  Directive
97/35/EC(cid:216)(˛).

(contained 

amended 

been 

use) 

has 

Proposals  have  now  been  tabled  for  a  more  extensive
revision  of  the  two  original  Directives.  In  1996  the
Commission  put  forward  a  proposal  to  amend  Directive
90/219/EEC,  on  which  the  Council  adopted  a  common
position 
in  December  1997.  The  main  aim  of  the
proposal  is  to  adapt  administrative  procedures  to  the  real
risks  arising  from  activities  involving  GMOs,  which  will
now  be  classified  in  four  rather  than  two  risk  categories.
The  proposal  defines  minimum  containment  and  control
the
measures 
procedure 
technical
progress.  At  the  end  of  1997  the  Commission  adopted  a
proposal  to  revise  Directive  90/220/EEC,  which  it  laid
before  the  Community  legislature.  The  proposal  seeks  to
introduce  a  more  transparent  approval  procedure  for  the
marketing  of  GMOs,  to  establish  a  system  for  the
labelling  of  products  using  such  organisms,  to  set  out
common  principles  for  risk  assessment  and  to  adapt
administrative  procedures  to  the  risks  involved,  including
indirect  ones.

for  each 
for  adapting 

risk  group  and 

the  Directive 

simplifies 

to 

(˛)(cid:217)Commission  Directive  97/35/EC  of  18  June  1997  adapting
to  technical  progress  for  the  second  time  Council  Directive
90/220/EEC  on  the  deliberate  release  into  the  environment
of  genetically  modified  organisms,  OJ  L  169,  27.6.1997,
p.(cid:217)72.

Luxembourg  has  complied  with  the  Court’s  judgment  of
17  October  1996 
in  Case  C(cid:220)312/95  and  notified
implementing  Directives  90/219/EEC  and
measures 
90/220/EEC.  However, 
still  not  notified
transposal  measures  in  respect  of  Directives  94/15/EC
and  94/51/EC,  and  the  Commission  has  commenced
proceedings  in  the  Court  because  of  these  delays  (Case
C(cid:220)339/97).

it  has 

In  a  judgment  given  on  29  May  1997  (Case  C(cid:220)357/96),
the  Court  found  that  Belgium  had  failed  to  fulfil  its  obli(cid:220)
implementing
gations  by  not  notifying  measures 
Directive  94/15/EC.  As  the  Belgian  authorities  have  still
not  taken  appropriate  remedial  action,  the  Commission  is
pursuing  infringement  proceedings  under  Article  171  of
the  Treaty.  The  Commission  has  also  brought  an  action
before  the  Court  concerning  Belgium’s  transposal  of
other  Directives  (Case  C(cid:220)343/97):  Belgium  has  still  not
notified  measures  implementing  Directive  94/51/EC  and
appears  not 
transposed  Directive
90/220/EEC.

to  have 

fully 

The  Commission  brought  an  action  before  the  Court
against  Portugal  for  failing  to  notify  measures  trans(cid:220)
posing  Directive  94/51/EC  (Case  C(cid:220)285/97).  It  also
decided  to  refer  a  case  against  Germany  for  incorrect
transposal  of  Directive  90/219/EEC, 
in  particular
Articles  14  (emergency  plans),  15  (information  supplied
to  the  authorities  by  users  in  the  event  of  accidents)  and
16 
the
Member  States  on  emergency  plans  and  in  the  event  of
accidents).

the  Commission  and 

(consultation  between 

in 

concern 

progress 

proceedings 

Other 
the
non(cid:220)conformity  of  transposal  measures,  for  example  in
Portugal.  However,  the  Commission  has  terminated  a
number  of  proceedings  for  failure  to  notify  measures
implementing  Directive  94/51/EC 
Ireland,
(United  Kingdom,
Spain)  and  Directive  94/15/EC 
Germany,  Spain).

(France, 

13.3.  Water

The  Commission  takes  the  task  of  monitoring  implemen(cid:220)
tation  of  Directives  seriously.  Around  a  quarter  of  all
current  environmental  infringement  proceedings  concern
water.  In  addition,  the  Commission  must  respond  to
complaints  and  petitions  to  Parliament.  Consequently,  it
spends  quite  a  considerable  amount  of 
time  on
Community  legislation  on  water  quality.  This  state  of
affairs  is  a  result  of  the  quantitative  and  qualitative

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significance  of 
the
the  responsibilities 
Member  States  by  Community  law,  and  also  the  growing
public  concern  about  water  quality.

imposed  on 

A  number  of  the  proceedings  currently  under  way  relate
to  infringements  of  Directive  75/440/EEC  concerning
the  quality  required  of  surface  water  intended  for  the
abstraction  of  drinking  water(cid:216)(˛).  Some  of 
the
proceedings  concern 
the  drawing  up  of  systematic
organic  action  plans  (Article  4(2))  as  an  essential  part  of
the  campaign  to  protect  water  quality  (from  excessive
quantities  of  nitrates,  pesticides,  etc.)  Others  are
concerned  with  the  criteria  for  obtaining  exemptions
under  Article  4(3).  The  Commission  dropped  Article  171
proceedings  against  Belgium  following  the  judgment  of
11  June  1991  in  Case  C(cid:220)290/89;  legislation  was  passed
in  Wallonia  on  sampling  and  implementation  of  organic
plans  in  the  whole  of  Belgium.

for 

However,  the  Commission  took  Germany  to  the  Court
of  Justice  on  the  basis  of  Article  171  (Case  C(cid:220)122/97),
for  failing  to  comply  with  the  Court’s  judgment  of  17
October  1991  in  Case  C(cid:220)58/89.  In  this  earlier  case,  the
Court  had  found  against  Germany  because  it  had  no
systematic  plan 
the  country  as  a  whole.  The
Commission  brought  two  other  actions  against  Portugal
-  one  on  organic  plans  (Case  C(cid:220)214/97)  and  another
on 
the
Commission  sent  France  a  reasoned  opinion:  in  Brittany
water  polluted  by  nitrates  had  been  used  for 
the
abstraction  of  drinking  water,  and  no  water(cid:220)management
plan  had  been  drawn  up  to  restore  the  quality  of  the
water  in  the  longer  term.  Proceedings  continue  against
Italy  and  the  United  Kingdom  for  failure  to  implement
the  Directive  properly.

(Case  C(cid:220)229/97).  Furthermore, 

sampling 

increasingly  common  and  water  quality 

With  regard  to  Directive  76/160/EEC  concerning  the
quality  of  bathing  water,  monitoring  of  bathing  areas  is
becoming 
is
improving.  However,  infringement  proceedings  are  still
open  against  roughly  half  the  Member  States  in  cases
where  implementation  still  falls  a  long  way  short  of  the
requirements  laid  down  by  the  Directive.  Proceedings
continue  against  the  United  Kingdom  over  Blackpool(cid:216)(ˇ);
it  has  still  not  fully  complied  with  the  Court’s  judgment.
The  Commission  is  still  waiting  for  a  judgment  in  Case
C(cid:220)92/96  against  Spain.  In  the  meantime  it  has  brought

(˛)(cid:217)More  precise  rules  were  laid  down  in  Council  Directive
79/869/EEC  of  9  October  1979  concerning  sampling  and
analysis.

(ˇ)(cid:217)Commission  v  United  Kingdom,  judgment  given  on  14  July

1993,  Case  C(cid:220)56/90.

an  action  against  Germany  (Case  C(cid:220)198/97).  In  October
1997,  the  Commission  decided  to  take  Belgium  to  the
Court  on  the  grounds  that  monitoring  procedures  were
insufficient  and  a  number  of  bathing  areas  did  reach  the
required  standards.  Proceedings  were  started  against  the
three  new  Member  States  for  failing  to  notify  the
Commission  of  their  national 
implementing  measures.
Proceedings  against  Sweden  have  since  been  terminated
but  those  against  Austria  and  Finland  (¯land)  continue.

to 

for 

over 

their 

individual 

the  Court 

three  cases 

implementation 

Proceedings  have  been  started  against  most  Member
States 
of  Directive
76/464/EEC  on  dangerous  substances  discharged  into
the  aquatic  environment  and  other  Directives  setting
substances.  The  Commission
levels 
referred 
in  1996  (Cases
C(cid:220)206/96,  C(cid:220)214/96  and  C(cid:220)285/96);  Luxembourg,
Spain  and  Italy  had  failed  to  notify  the  Commission  of
programmes  aimed  at  reducing  the  water  pollution  by
dangerous  substances  on  list  II  in  the  Annex  to  Directive
76/464/EEC,  or  their  programmes  were  unsatisfactory.
The  Court  has  not  yet  given  judgment  in  these  cases.  In
1997  the  Commission  brought  actions  against  Germany,
(Cases
Belgium  and  Portugal  on 
C(cid:220)184/97,  C(cid:220)207/97  and  C(cid:220)213/97).  The  Commission
has  now  started  proceedings  against  other  Member
States.  It  has  also  brought  an  action  against  Portugal
before  the  Court  for  incorrect  transposal  of  Directive
84/156/EEC  on  mercury  discharges  (Case  C(cid:220)208/97).

similar  grounds 

that 

inadequate 

industrial  discharges)  and 

The  Commission  notes 
reduction
programmes  are  at  the  root  of  many  infringements  of  the
Directive  (pollution  of  watercourses  through  agricultural
that  a  comprehensive
or 
approach  is  the  only  way  of  tackling  the  numerous
isolated  problems.  Furthermore,  several  Member  States
do  not  automatically  require  prior  authorisation  to  be
obtained  for  discharges.  The  cases  involving  Greece  now
before 
(Lake
the  Court  provide  a  good  example 
Vegoritis,  C(cid:220)232/95  and 
the  Gulf  of  Pagasitikos,
C(cid:220)233/95).

Directives 

On  7  November  1996  the  Court  delivered  its  judgment
in  Case  C(cid:220)262/95.  It  found  that  Germany  had  failed  to
fulfil  its  obligations  by  using  administrative  circulars  to
(mercury),
implement 
83/513/EEC 
(mercury),
84/491/EEC (HCH) and 86/280/EEC (various dangerous
substances).  Germany  has  now  notified  the  Commission
of  a  regulation  which  properly  transposes  the  Directives,
thus  enabling  the  proceedings  to  be  terminated.

82/176/EEC 

84/156/EEC 

(cadmium), 

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The  Court  of  Justice  has  also  been  asked  for  two
preliminary  rulings  by  the  Dutch  Raad  Van  State  (Cases
C(cid:220)231/97  and  C(cid:220)232/97)  concerning  interpretation  of
Directive  76/464/EEC,  and  particularly  the  definition  of
the  term  "discharge’  with  regard  to  polluted  vapours
concentrating  directly  or  indirectly  in  surface  waters  and
leaching  of  creosoted  wood  (creosote  is  derived  from  tar
and  is  used  as  an  antiseptic)  into  surface  waters.  The
second  question  also  relates  to  the  meaning  of  the  term
"pollution  from  significant  sources’,  as 
in
Directive  86/280/EEC  on  limit  values  for  discharges  of
certain  dangerous  substances  included  in  List  I  of  the
Annex  to  Directive  76/464/EEC.

it  appears 

and  so  the  matter  was  referred  to  the  Court,  which  has
yet  to  deliver  a  judgment  (Case  C(cid:220)340/96).  Proceedings
are  also  under  way  against  Portugal  for  non(cid:220)compliance.
Following  the  submission  of  a  petition  to  Parliament,  the
Commission  has  also  initiated  proceedings  against  France
concerning  the  distribution  of  water  in  the  d~partement
of  Eure  (nitrates  present 
in  water).  Lastly,  Austria
appears  to  have  implemented  the  Directive  incorrectly,
with  the  exception  of  the  provisions  relating  to  nitrates
and  pesticides.

adopted 

The  Commission  has  dropped  a  number  of  proceedings
started  against  Belgium,  France  and  Spain  on 
the
grounds  they  had  not  properly  implemented  Directives
78/659/EEC  on  freshwaters  supporting  fish 
life  and
79/923/EEC  on  shellfish  waters.  The  three  Member
satisfactory  measures.
States  have  now 
However,  Article  171  pre(cid:220)litigation  procedures  continue
against  Italy(cid:216)(˛)  and  Germany(cid:216)(ˇ)  in  respect  of  Directive
78/659/EEC:  in  Italy’s  case,  the  problems  centred  on
the  designation  of  areas  while  Germany  had  problems
with  determining  binding  values  and  drawing  up
programmes.  Article  169  proceedings  continue  against
the  United  Kingdom  because  its  implementing  measures
do  not  comply.

failure 

in  Case  C(cid:220)225/96  on 

On  4  December  1997, 
the  Court  of  Justice  gave
to
judgment 
Italy’s 
implement  Directive  79/923/EEC.  The  Court  found  that
Italy  had  not  fulfilled  its  obligations:  it  had  not  drawn  up
programmes  to  reduce  pollution,  had  not  set  values
certain  dangerous
(binding  or 
substances,  and  had  not  designated  all  waters  qualifying
as 
(waters  requiring  protection  or
improvement  in  order  to  sustain  the  life  and  growth  of
shellfish).

shellfish  waters 

recommended) 

for 

the  Commission 
incorrect 

receives  many  complaints
Though 
concerning 
implementation  of  Directive
80/778/EEC  on  the  quality  of  water  intended  for  human
consumption,  not  all  of  them  result 
infringement
proceedings  as  the  burden  of  proof  is  on  the  Commission
complainants  often  have  problems  obtaining
and 
evidence.  However,  in  the  case  concerning  undertakings
given  by  the  British  authorities,  the  Commission  felt  that
they  were  unsatisfactory  both  in  substance  and  in  form,

in 

(˛)(cid:217)Judgment  given  on  9  March  1994,  Case  C(cid:220)291/93.
(ˇ)(cid:217)Judgment  given  on  12  December  1996,  Case  C(cid:220)298/95.

After  the  Commission  had  commenced  an  action  in  the
Court  (Case  C(cid:220)49/97),  France  withdrew  two  adminis(cid:220)
trative 
circulars  authorising  distribution  of  water
containing  nitrates  and  pesticides  far  in  excess  of  the
limits.  Proceedings  started  against  Belgium  and  Italy  for
exceeding  pesticide  limits  were  also  dropped;  both  have
now  acted  to  ensure  levels  no  longer  exceed  the  limits.

A  number  of 
infringement  proceedings  have  been
implementation  of  Directive
initiated  with  regard  to 
80/68/EEC  on  the  protection  of  groundwater  against
pollution  caused  by  certain  dangerous  substances.  The
Commission  dropped  the  Article  171  proceedings  started
against  Germany  for  failing  to  implement  the  Court’s
judgment  of  28  February  1991  in  Case  C(cid:220)131/88  (which
found  that  German 
legislation  did  not  comply  with
Community  legislation)  but  it  has  referred  another  case,
concerning  non(cid:220)compliance  by  Portugal,  to  the  Court
is  still  checking
(Case  C(cid:220)183/97).  The  Commission 
whether  Irish  and  French 
legislation  complies.  The
Commission  is  also  considering  infringement  proceedings
against  the  United  Kingdom.  Proceedings  against  the
region  of  Corinth  in  Greece  have  been  dropped.  In
letter,  Sweden  has  now
response  to  an  Article  169 
notified  the  Commission  of  its  implementing  measures.

The  Community  has  two  legislative  instruments  aimed
specifically  at  combating  pollution  from  phosphates  and
nitrates,  and  the  resulting  eutrophication.

The 
first,  Directive  91/271/EEC,  concerns  urban
waste(cid:220)water  treatment.  Member  States  are  required  to
ensure  that,  from  1998,  2000  or  2005,  depending  on
population  size,  all  cities  have  collecting  systems  for
urban  waste  water.  Up  to  now,  the  Commission’s  task
has  been  restricted 
implementing
measures  complied  with  the  Directive.  It  initiated  Article
171  pre(cid:220)litigation  proceedings  following  confirmation  by

to  checking 

that 

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the  Court  of  Justice  that  Greece(cid:216)(˛),  Germany(cid:216)(ˇ)  and
Italy(cid:216)(—)  had  not  adopted  the  necessary  implementing
measures  and  had  thus  failed  to  fulfil  their  obligations.
Though  Greece  has  since  rectified  the  situation,  the
other  two  have  not.  The  Commission  is  also  continuing
with  proceedings  against  Portugal  and  Spain.  Finland,
however,  has  notified  the  Commission  of  its  planned
action 
been
terminated.  This  Directive  plays  a  fundamental  role  in
the  campaign  for  clean  water  and  against  eutrophication;
the  Commission  is  particularly  eager  to  ensure  that  it  is
implemented  on  time.  Through  the  Cohesion  Fund,  the
Community  is  also  supporting  the  Member  States’  efforts
to  install  the  necessary  facilities.

programmes 

proceedings 

have 

and 

The  second  anti(cid:220)eutrophication  measure 
is  Directive
91/676/EEC  concerning  the  protection  of  waters  against
pollution  caused  by  nitrates  from  agricultural  sources.  A
large  number  of 
infringement  proceedings  have  been
initiated  to  enforce  this  Directive.  They  have  focused  on
a  number  of  problems:  adoption  of 
implementing
measures,  designation  of  vulnerable  areas,  drawing  up  of
codes  of  practice  for  agriculture,  drawing  up  of  action
programmes  and  reporting  on 
implementation  of  the
Directive.  Four  cases  have  been  referred  to  the  Court  of
Justice.  Case  C(cid:220)227/97  against  Portugal  has  been
dropped  as  the  problems  have  now  been  resolved,  but  the
cases  against  Spain,  Greece  and  Italy  continue  (Cases
C(cid:220)71/97,  C(cid:220)173/97  and  C(cid:220)195/97  respectively).  There
are  other  proceedings  under  way  against  almost  all
Member  States,  for  failure  to  comply  with  one  or  other
of  the  Directive’s  provisions.

The  Court  of  Justice  was  asked  for  a  preliminary  ruling
by  a  British  court  (Case  C(cid:220)293/97)  on  the  definition  of
"waters  affected  by  pollution’.  Under  Article  of  Directive
91/676/EEC,  areas  draining  into  water  known  to  be
affected  by  pollution  must  be  designated  as  vulnerable
zones.

Lastly,  it  should  be  pointed  out  that  Community  legis(cid:220)
lation  on  water  is  currently  being  revised  to  reflect  the

(˛)(cid:217)Judgment  given  on  2  March  1996,  Case  C(cid:220)161/95.
(ˇ)(cid:217)Judgment  given  on  12  December  1996,  Case  C(cid:220)297/95.
(—)(cid:217)Judgment  given  on  12  December  1996,  Case  C(cid:220)302/95.

or 

changes  which  have  taken  place  in  the  twenty  years  since
the  policy  was  first  formulated.  This  involves  introducing
stricter  standards  and  introducing  the  concept  of  river
basin  management.  In  February  1997,  the  Commission
proposed  a  framework  Directive  aimed  at  harmonising
water  quality  parameters  and  protecting  all  types  of
water.  Once  adopted  and  implemented,  the  Directive  will
replace  a  number  of  existing  Directives  on  groundwater
(Directive  80/68/EEC)  and  surface  water  to  be  used  for
drinking  water  (Directive  75/440/EEC)  or  for  fish
(Directive
(Directive 
78/659/EEC) 
in  Directive
79/923/EEC).  The  regulations  set  out 
76/464/EEC 
related
(discharges 
implementing  Directives  should  also  come  within  the
scope  of  the  framework  Directive.  Other  subjects  will
continue  to  be  dealt  with  by  specific  Directives,  though
changes  will  be  made  to  them  too.  The  Council  has
already  adopted  a  common  position  on  a  Commission
proposal  for  amendments  to  Directive  80/778/EEC  on
drinking  water.  Directive  76/160/EEC  on  bathing  water
is  still  in  the  process  of  being  revised;  an  amended
proposal  was  adopted  by  the  Commission  in  November
1997.  Lastly,  Directive  96/61/EC  concerning  integrated
pollution  prevention  and  control  (IPPC),  referred  to
above,  contains  rules  on  water  pollution.

into  water)  and 

shellfish 

13.4.  Noise

traffic 

Implementation  of  Directives  on  noise  poses 
fewer
problems  than  those  in  other  areas.  The  Directives  in
question  set  standards  for  new  products.  They  do  not
to  ambient  noise  from  multiple  sources  (for
apply 
example,  noise 
jams  or
in  cities  caused  by 
industrial  activity  near  residential  areas).  However,  the
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.  Nevertheless,
proceedings  were  initiated  in  respect  of  old  and  noisy
aeroplanes  using  Brussels 
(Zaventem)  and  Ostend
airports;  this  constituted  an  infringement  of  Directive
92/14/EEC  on  the  limitation  of  the  operation  of  certain
categories  of  aeroplanes.

it  of 

in  notifying 

The  Commission  took  Italy  and  Belgium  to  the  Court  of
Justice  (Cases  C(cid:220)324/97  and  C(cid:220)326/97  respectively)  over
delays 
implementing  measures  for
Directive  95/27/EC  amending  Directive  86/662/EEC
limitation  of  noise  emitted  by  hydraulic
on 
excavators,  rope(cid:220)operated  excavators,  dozers, 
loaders
and  excavator(cid:220)loaders.  But 
it  dropped  proceedings
against  Ireland,  Greece,  France  and  Luxembourg  over

the 

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delays  in  implementing  Directive  95/27/EC,  and  against
Austria  over  Directive  86/594/EEC  on  airborne  noise
emitted  by  household  appliances.

waste  disposal(cid:216)(˛),  which  is  now  being  examined  by  the
Community  legislature.

The  Court  of  Justice  was  asked  for  a  preliminary  ruling
(Case  C(cid:220)389/96)  concerning  the  relationship  between
Directive  80/51/EEC  (aircraft  noise)  and  Article  30  of
the  Treaty  (free  movement  of  goods),  with  regard  to
German  regulations  banning  the  registration  of  aircraft
which  exceeded  certain  noise 
limits  but  which  were
already  registered  in  other  Member  States  while  allowing
the  continued  use  of  craft  registered  in  Germany  before
the  regulations  came  into  force.  The  Court  has  yet  to
deliver  its  ruling.

13.5.  Waste

amended 

75/442/EEC 

With  regard  to  the  Framework  Directive  on  waste
(Directive 
by  Directive
91/156/EEC),  Spain  and  France  have  still  not  notified
the  Commission  of  measures  implementing  the  amended
provisions  and  the  Court  of  Justice  duly  acknowledged
on  5  June  1997  that  they  had  failed  to  fulfil  their  obli(cid:220)
gations  (Cases  C(cid:220)107/96  and  C(cid:220)223/96  respectively).
Since  neither  has  complied  with  the 
judgments,  the
Commission  is  considering  Article  171  proceedings.

Several  Member  States  have  yet  to  comply  fully  with  the
Directive,  though  the  problems  with  Ireland  have  been
solved.  Most  of  the  difficulties  concern  application.  This
is  at  the  root  of  the  large,  though  shrinking,  number  of
complaints  primarily  concerned  with  dumping  of  waste
(proliferation  of  uncontrolled  dumps,  controversial  siting
of  planned  controlled  tips,  mismanagement  of 
lawful
tips,  water  pollution  caused  by  directly  discharged  waste.
The  Directive  requires 
that  prior  authorisation  be
obtained  for  waste  disposal  or  reprocessing  sites;  in  the
case  of  waste  disposal,  the  authorisation  must  also  lay
down  operating  terms  designed  to  limit  the  environ(cid:220)
mental  impact.

However,  the  Commission’s  scope  for  action  on  waste
disposal  is  particularly  limited  as  there  is  as  yet  no
detailed  Community  rules  specifically  addressing  the
issue.  However,  the  situation  is  changing:  in  March  1997
the  Commission  adopted  a  proposal  for  a  Directive  on

As  it  is,  the  individual  cases  of  illegal  dumping  which
come  to  light  suggest  wider  problems  with  implemen(cid:220)
tation  of  the  Directives  governing  waste;  these  problems
may  arise  from  a  lack  of  satisfactory  waste(cid:220)management
plans  or,  in  some  cases,  any  plan  at  all.  The  problem
with  environmentally  unsound  waste  disposal  in  Kour(cid:220)
oupitos  in  Crete,  and  the  lack  of  any  waste(cid:220)management
plan  to  deal  with  it,  prompted  the  Commission  to  take
Greece  to  the  Court  of  Justice,  which,  in  its  judgment  of
7  April  1992  in  Case  C(cid:220)45/92  found  that  Greece  had
infringed  Community 
law.  Greece  did  not  properly
comply  with  this  judgment,  so  the  Commission  decided
to  refer  the  matter  back  to  the  Court,  in  accordance  with
Article  171  of  the  Treaty.  In  a  similar  case  in  Campania
in 
171
infringement  proceedings  started  following  the  Court’s
judgment  of  13  December  1991  (Case  C(cid:220)33/90).  In
another  case,  however,  the  Commission  decided  to  take
Italy  to  the  Court  of  Justice  over  an  illegal  tip  in  the  San
Rocco  valley.

the  Commission  dropped  Article 

Italy, 

Given  that  planning  is  such  an  important  part  of  waste
management  -  a  point  illustrated  by  the  examples  above
-  the  Commission  decided  in  October  1997  to  start
infringement  proceedings  against  all  Member  States
except  Austria,  the  only  one  to  have  established  a
planning  system  for  waste  management.  The  focus  of  the
procedures  varies  -  from  the  lack  of  plans  required
under  Article  7  of  the  framework  Directive,  to  plans  for
management  of  dangerous  waste,  provided  for  by  Article
6  of  Directive  91/679/EEC,  to  packaging  waste,  for
which  special  planning  is  required  under  Article  14  of
is
Directive  94/62/EC.  Furthermore,  the  Commission 
continuing  with  Article 
against
Germany  for  failing  to  implement  in  full  the  Court’s
judgment  of  10  May  1995  (Case  C(cid:220)422/92)  regarding
the  lack  of  management  plans  for  dangerous  waste  in  a
number  of  L…nder.

171  proceedings 

Under  Community  law,  management  plans  must  cover
all  waste  falling  within  the  scope  of  the  Directive,  must
deal  with  the  type,  quantity  and  origin  of  the  waste  to  be
reprocessed  or  disposed  of,  and  must  contain  general
technical  rules  as  well  as  special  provisions  on  particular
types  of  waste  and  specify  what  sites  and  what  plants  are
suitable  for  waste  disposal.  Management  plans  must  aim

(˛)(cid:217)COM(97)  105.

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to  limit  production,  reduce  the  amount  of  waste,  switch
to  recycling,  minimise  the  environmental  risks  involved
in  disposal  and  create  an  integrated  network  of  waste(cid:220)
disposal  plants  with  sufficient  capacity.  It  is  clear  from
these  ambitious  objectives  that  the  Member  States  need
to  formulate  plans  covering  their  whole  territory  and  to
update  them  regularly.

On  two  occasions  in  1997,  the  Court  of  Justice  clarified
the  definition  of  the  term  "waste’  as  it  appears  in  Article
1  of  the  Framework  Directive,  on  which  all  subsequent
Directives  on  waste  are  based.  In  its  judgment  of  25  June
1997  (Joined  Cases  C(cid:220)304/94,  C(cid:220)330/94,  C(cid:220)342/94  and
C(cid:220)225/95,  Euro  Tombesi  et  al),  given  in  response  to  a
request  for  a  preliminary  ruling  from  an  Italian  court,
the  Court  of  Justice  found  that  "waste’  is  not  to  be
understood  as  excluding  substances  and  objects  which
are  capable  of  economic  re(cid:220)utilisation,  even 
the
materials  in  question  may  be  the  subject  of  a  transaction
or  quoted  on  public  or  private  commercial 
lists.
Following  a  request  for  a  preliminary  ruling  from  a
Belgian  court,  the  Court  of  Justice,  in  its  judgment  of  18
December  1997  (Case  C(cid:220)129/96,  asbl  Inter(cid:220)environ(cid:220)
nement  Wallonie  contre  R~gion  wallonne)  found  that  a
substance  is  not  excluded  from  the  definition  of  waste  in
Community  law  by  the  mere  fact  that  it  directly  or
indirectly 
industrial
production  process.

integral  part  of  an 

forms  an 

if 

initiated 

is  supplemented  by  Directive
Directive  75/442/EEC 
infringement
97/689/EEC  on  dangerous  waste.  The 
proceedings 
the
notify 
to 
Commission  of  implementing  measures  have  had  at  least
some  of  the  desired  effects.  It  dropped  those  against
Ireland,  Sweden,  Greece, 
Italy,  Denmark,  France,
Portugal,  Luxembourg  and  Spain  when  it  was  notified  of
their  implementing  measures(cid:216)(˛).

failure 

for 

The  Directives  on  batteries  and  accumulators  containing
certain 
and
substances 
93/86/EEC)  are  still  a  source  of  problems  for  some
Member  States.

(91/157/EEC 

dangerous 

(Case  C(cid:220)219/96)  and  notified 

Firstly,  since  they  were  not  transposed  on  time,  the
Commission  took  several  Member  States  to  the  Court  of
Justice  for  failure  to  notify  it  of  implementing  measures,
and  won.  Belgium  complied  with  the  judgment  on  12
the
December  1996 
Commission  of  the  Belgian  implementing  measures  for
Directive  93/86/EEC.  Italy  took  steps  to  rectify  the
situation  after  Article  171  proceedings  were  started  for
non(cid:220)compliance  with  the  judgment  of  11  July  1996  (Case
C(cid:220)303/95),  establishing 
transposed
that 
Directive  91/157/EEC.  The  Court  has  yet  to  deliver  its
judgment 
in  Case  C(cid:220)286/96  concerning  Directive
93/86/EEC.  In  its  judgment  of  29  May  1997  the  Court
found  that  France  had  not  transposed  the  two  Directives
(Joined  Cases  C(cid:220)282/96 
and  C(cid:220)283/96).  The
Commission  will  initiate  Article  171  proceedings  in  the
hope  of  enforcing  the  judgment.  Lastly,  Germany  was
also  found  not  to  have  transposed  the  two  Directives  in  a
judgment  of  13  November  1997  (Case  C(cid:220)236/96).

it  had  not 

initiated 

Secondly,  the  Commission  has 
infringement
proceedings  against  Member  States  which  have  not  yet
set  up  programmes  under  Article  6  of  Directive
91/157/EEC.  Cases 
involving  Spain  (Case  C(cid:220)298/97)
and  Belgium  (Case  C(cid:220)347/97)  have  been  referred  to  the
Court,  and  others  involving  Greece,  France  and  Italy  will
be  soon.  Proceedings  against  Portugal  continue  but  those
against  the  United  Kingdom  have  been  dropped  as  the
Commission  has  now  been  notified  of  a 
revised
programme  covering  Northern  Ireland  and  Gibraltar.

Directive  94/62/EC  on  packaging  and  packaging  waste,
due  to  be  transposed  by  30  June  1996,  contains  an  inno(cid:220)
vative  Article  regarding  the  transposal  of  Directives.
Under  Article  16  draft  implementing  measures  must  be
sent  to  the  Commission  and  the  Member  States  for
scrutiny  prior  to  adoption, 
in  accordance  with  the
procedure  laid  down  by  Directive  83/189/EEC(cid:216)(ˇ).  The
procedure  includes  a  three(cid:220)month  waiting  period;  only
once  this  has  expired  can  the  Member  State  adopt  the
draft  measure.  This  gives  the  Commission  and  the  other
Member  States  time  to  examine  whether  the  draft  is
compatible  with  Community  regulations  on  the  free
itself,
movement  of  goods  and  with 

the  Directive 

(˛)(cid:217)The  Commission  had  brought  an  action  before  the  Court  of
Justice  (Case  C(cid:220)72/97)  but  withdrew  when  notified  of  the
measures.

(ˇ)(cid:217)Council  Directive  83/189/EEC  of  28  March  1983  providing
for  a  notification  procedure  for  technical  standards  and
regulations  (OJ  L  109,  26.4.1983,  p.  8),  last  amended  by
Directive  94/10/EC  of  the  European  Parliament  and  the
Council  of  23  March  1994  (OJ  L  100,  19.4.1994,  p.  30).

C  250/66

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and  to  warn  the  Member  State  wishing  to  adopt  it  of  any
potential  problems.  By  bringing  together  the  Commission
and  the  Member  States  to  discuss  transposition,  Article
16  helps  prevent  problems  with  the  measure  itself  or  the
way  in  which  it  is  applied.

Member  States  have,  on  the  whole,  observed  Article  16,
though  most  of  them  were 
in  transposing  the
Directive  and  some  have  still  not  implemented  all  its
provisions 
initiated
infringement  proceedings  wherever  it  deemed  necessary.

full.  The  Commission  has 

late 

in 

Furthermore,  certain  courts  in  the  Member  States  have
asked  the  Court  of  Justice  for  preliminary  rulings  on  the
interpretation  of  Regulation  (EEC)  No  259/93.  For
example,  in  Case  C(cid:220)192/96(cid:216)(˛),  the  Dutch  Raad  van
State  asked  the  Court  to  rule  on  what  effect  sorting  and
similar  measures  would  have  on  how  the  waste  was
categorised  under  the  Directive  and  on  the  powers  of  the
country  of  dispatch  and  the  country  of  destination.  On
certain  matters,  where  the  Regulation  refers  to  the
Framework  Directive,  questions  concerning  the  Regu(cid:220)
lation  may  also  concern  the  Directive.  For  instance,  in
the  same  case,  the  Court  was  asked  to  rule  whether  the
concept  of  storage  of  waste  to  be  recycled  by  one  of  the
processes  referred  to  in  Annex  II.B  to  the  Directive
included 
recycling
company  irrespective  of  its  location,  i.e.  whether  inside
or  outside  the  Community.

storage  pending 

shipment 

to  a 

As  well  as  seeing  to  official  transposal  of  Directive
94/62/EC,  the  Commission  has  to  ensure  that  the
national  implementing  measures  comply.  A  number  of
problems  have  been  cleared  up  using  the  Article  16
notification  procedure  referred  to  above  but,  of  course,
that  procedure  does  not  apply  to  measures  adopted
before  the  Directive  entered  into  force  (on  31  December
1994).  There  is  nothing  to  prevent  a  Member  State  from
notifying 
instrument,
the  Commission  of  an  old 
predating  the  Directive  in  question,  if,  in  the  Member
State’s  view,  it  will  implement  that  Directive  in  full  and
meet  all  the  obligations  arising  from  it.  This  is  precisely
what  some  Member  States  have  done;  others  have
notified  the  Commission  of  new  drafts  in  conjunction
with  existing  legislation  and  regulations.  This  approach
enabled 
identify  problems  with
Denmark,  which  had  banned  metal  drink  cans  and  other
types  of  non(cid:220)reusable  packaging.  This  was  not
permissible  under  the  Directive,  so  the  Commission
initiated  infringement  proceedings.

the  Commission 

to 

The  Commission  has 
started  proceedings  against
Germany  and  France  for  preventing  the  transportation  of
certain  types  of  waste  in  contravention  of  Regulation
(EEC)  No  259/93  on  the  supervision  and  control  of
shipments  of  waste  within,  into  and  out  of  the  European
Community.  This  Regulation  often  causes  problems  in
cases  where  the  nature  of  the  waste  is  at  issue,  as  the
rules  to  be  applied  differ  according  to  the  degree  of
toxicity  of  the  waste.  Similarly,  determining  the  type  of
processing  the  waste  will  undergo  once 
it  has  been
shipped  is  also  a  problem:  the  procedures,  and  indeed
the  authorities’  power 
shipment  differ
according  to  whether  the  waste  is  to  be  disposed  of  or
recycled.

to  prohibit 

Lastly,  in  Case  C(cid:220)203/96(cid:216)(ˇ),  the  Court  of  Justice  was
asked  for  a  preliminary  ruling  on  whether  the  principles
of  self(cid:220)sufficiency  and  proximity  applied  only  to  the
shipment  of  waste  to  be  disposed  of  between  Member
States,  or  whether  it  also  applied  to  waste  to  be  recycled.
The  Court  was  also  asked  whether  restrictions  on  the
movement  of  waste  to  be  reused  in  some  way  (recycled,
composted  or  incinerated  for  energy)  were  any  less  tight
than  for  waste  to  be  disposed  of  (incinerated  with  no  use
of  the  energy  thus  produced,  or  tipped),  or  whether
Member  States  could  apply  the  same,  more  restrictive  set
of  rules  to  both  categories.

more 

specialised 

Directives. 

Proceedings  are  also  under  way  against  infringements  of
other, 
Directive
86/278/EEC  on  the  protection  of  the  soil,  when  sewage
sludge  is  used  in  agriculture,  rarely  gives  rise  to  disputes.
the
Following  notification  of 
Commission  has  dropped  Article  171  proceedings  against
Belgium  for  failing  to  comply  with  the  Court’s  judgment
of  3  May  1994  (Case  C(cid:220)260/93),  in  which  the  Court
found  that  Belgium  had  not  implemented  the  Directive  in
full.

satisfactory  measures, 

(˛)(cid:217)Request  for  a  preliminary  ruling  by  the  Raad  van  State  of
the Netherlands, in Beside BV and I.(cid:216)M. Besselsen v VROM.
(ˇ)(cid:217)Request  for  a  preliminary  ruling  by  the  Raad  van  State  of
the  Netherlands,  in  Chemische  Afvalstoffen  Dusseldorp  BV
et  al  v  VROM.

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against 

continue 

Portugal 

for
Proceedings 
non(cid:220)compliance  with  Directive  75/439/EEC  on 
the
disposal  of  waste  oils,  the  first  Community  Directive  on
waste.  The  Commission  also  referred  a  case  involving
Germany  to  the  Court  of  Justice  (Case  C(cid:220)102/97).  The
problem  concerns 
regeneration  of  used  oils.  The
Commission  is  asking  the  Court  to  find  that  Germany
has  infringed  the  Directive  by  failing  to  give  preference
to  recycling  of  used  oils  over  heat  treatment  even  where
recycling  was  technically  and  economically  viable.

Lastly,  with  regard  to  the  disposal  of  PCB  and  PCT,  two
particularly  dangerous  products,  Directive  96/59/EC(cid:216)(˛),
which 
supersedes  Directive  76/403/EEC,  must  be
transposed  by  the  Member  States  by  16  March  1998.

13.6.  Nature

There  are  two  major  Community  Directives  aimed  at
protecting  nature:  Directive  79/409/EEC  on  the  conser(cid:220)
vation  of  wild  birds  and  Directive  92/43/EEC,  making
increased  demands  on  the  Member  States  with  regard  to
the  conservation  of  natural  habitats  and  of  wild  fauna
and  flora.

91/244/EEC 

There  has  been  some  progress  regarding  the  transposal
of  Directive  79/409/EEC,  but  there  have  also  been  some
less  encouraging  developments.  The  Commission  has
terminated  proceedings  against  Greece  (Case  C(cid:220)330/96)
for  failing  to  notify  it  of  national  implementing  measures
for  Directive 
amending  Directive
79/409/EEC.  It  has  also  dropped  the  pre(cid:220)litigation
proceedings  started  against  Finland  for  the  same  reason.
But  some  issues,  first  and  foremost  the  legal  status  of
measures  designed  to  protect  certain  species,  have  not
been  resolved:  national  laws  still  do  not  comply  with
Community  law  in  a  number  of  areas  (hunting,  regu(cid:220)
lation  of  species  and  trade).  Article  171  proceedings  are
under  way  against  Belgium(cid:216)(ˇ)  (Articles  5  and  9)  and
France(cid:216)(—)  (Article  5):  sixteen  years  after  the  Directive
entered  into  force  and  ten  years  after  the  judgments
were  given,  they  have  still  not  implemented  the  Directive
properly  and  in  full.  The  Commission  decided  to  refer

(˛)(cid:217)Council  Directive  96/59/EC  of  16  September  1996  on  the
disposal  of  polychlorinated  biphenyls  and  polychlorinated
terphenyls  (PCB/PCT),  OJ  L  243,  24.9.1997,  p.  31.

the  case  involving  Belgium  to  the  Court  of  Justice  in
December  1997,  but  the  situation  is  likely  to  have  been
rectified  before  the  application  is  submitted,  in  which
case  the  Commission  will  drop  the  case.  Article  169
proceedings  concerning  implementation  of  the  hunting
provisions  are  still  open  against  Spain,  France,  Italy  and
Finland.  A  case  involving  Germany  was  referred  to  the
Court  of  Justice  under  Article  171  (Germany  had  failed
to  comply  with  the  Court’s  finding  that  German  legis(cid:220)
lation  did  not  properly  implement  Article  5  or  Article
8)(cid:216)((cid:209)).  However,  when 
the  Saarland  adopted  new
provisions,  the  Commission  was  able  to  terminate  the
proceedings.

The  long  line  of  cases  decided  by  the  Court  of  Justice
provides  a  clear  interpretation  of  Directive  79/409/EEC.
In  its  judgment  of  12  December  1996  in  Case  C(cid:220)10/96
(Ligue  royale  belge  pour  la  protection  des  oiseaux  et
AVES  asbl  v.  R~gion  Wallone)  the  Court  confirmed  its
consistently  strict  interpretation  of  Articles  5  and  9  of  the
Directive(cid:216)((cid:210)).  Case  C(cid:220)10/96  centred  on  the  taking  into
captivity  of  protected  birds  for  breeding.

When  the  transposal  deadline  for  Directive  92/43/EEC
expired  in  June  1994,  a  number  of  Member  States  had
not  notified  the  Commission  of  all,  or  in  some  cases,  any
of  the  measures  required  to  implement  the  Directive.  The
main  provisions  still  to  be  transposed  are  Article  6  on  the
protection  of  habitats  in  the  special  conservation  sites
which  are  to  be  set  up,  and  Articles  12  to  16  on
protection  of  species.

to  notify 

the  Commission  of 

On  26  June  1997,  the  Court  of  Justice  found  in  Case
C(cid:220)329/96  that  Greece  had  not  fulfilled  its  obligations  by
failing 
implementing
measures.  On  11  December  1997  a  similar  judgment  was
given  against  Germany  in  Case  C(cid:220)83/97.  Cases  involving
Italy  and  Portugal  were  also  referred  to  the  Court
(C(cid:220)142/97  and  C(cid:220)88/97  respectively)  but  were  dropped
when  both  adopted  satisfactory  implementing  measures.
against  France
Infringement  proceedings 
(Article  6)  and  Finland  (problems  with 
the  ¯land
Ireland  were
islands),  while  proceedings 
terminated  when  it  adopted  new  legislation  in  February
1997.  Proceedings  are  also  open  against  Spain  for  its
failure  to  implement  Article  16  of  the  Directive.

continue 

against 

(ˇ)(cid:217)Regarding  the  Court’s 

judgment  of  8  July  1987,  Case

((cid:209))(cid:217)C(cid:220)121/97,  initial  judgment  delivered  on  3  March  1990,  Case

C(cid:220)247/85.

C(cid:220)288/88.

(—)(cid:217)Regarding  the  Court’s  judgment  of  27  April  1988,  Case

C(cid:220)252/85.

((cid:210))(cid:217)E.g. 

its 

judgments  of  8  July  1987 

in  Cases  C(cid:220)262,

Commission  v  Italy,  and  C(cid:220)247/85,  Commission  v  Belgium.

C  250/68

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79/409/EEC 

of  Directives 

large  number  of  complaints  and 

One  practical  problem  which  sometimes  arises  with
implementation 
and
92/43/EEC  is  the  potential  conflict  between  the  need  to
protect  sites  and  species  on  the  one  hand  and  economic
and  social  considerations  on  the  other.  This  accounts  for
the 
infringement
proceedings  regarding  unsatisfactory  implementation  as  a
result  of  very  specific  and  localised  problems.  At  the
that  Directives
same 
79/409/EEC  and  92/43/EEC  are  two  of  the  best  known
pieces  of  Community  environment  legislation  and  the
practical  ways  in  which  they  help  protect  nature  are
widely  acknowledged.  The  number  of  complaints
concerning  implementation  of  the  Directives  must  be
seen  both  as  a  measure  of  their  success  and  an  indicator
of  the  work  still  to  be  done  by  the  Member  States.

to  be  welcomed 

time, 

is 

it 

is,  however,  a  growing  appreciation  of 

the
There 
intentions  behind  Directive  92/43/EEC.  The  Directive
takes  a  novel  approach:  gradual,  step(cid:220)by(cid:220)step  building  up
of 
the  Natura  2000  network;  extensive  discussions
between  the  Commission  and  the  Member  States;  a  legal
set(cid:220)up  for  special  conservation  sites  which  paves  the  way
for  management  plans 
(possibly  even  contractually
binding  ones)  and  makes  allowance  for  exemptions  from
the  ban  on  deterioration  and  disturbance  where  this
conflicts  with  overriding  public  interests.

The  Commission’s  main  goal  in  this  area  is  to  protect  the
various  types  of  habitat  and  the  sites  containing  them.
The  Community’s  Natura  2000  network  linking  all  sites
set  up  under  Directive  92/43/EEC  is  an  essential  step
towards  achieving  this.

abandoned  its  policy  of  refusing  even  to  start  the  process
of  selecting  sites  and  has  sent  in  the  names  of  over  five
hundred  proposed  sites,  though  the  information  provided
is  insufficient.  In  many  cases,  the  details  given  on  sites
and  the  species  they  support  are  neither  complete  nor
appropriate.  This  makes  it  difficult  to  proceed  to  the
subsequent  stages  of  the  plan  laid  down  in  Directive
92/43/EEC,  but  the  Commission  is  pressing  ahead  and
is  trying  to  ensure  that  the  delays  do  not  jeopardise  the
setting  up  of  the  Natura  2000  network.

In  an  attempt  to  rectify  the  situation,  the  Commission
has  initiated  infringement  proceedings  against  most  of
the  offending  Member  States.  And  it  will  maintain  its
stricter  policy  with  regard  to  the  grant  of  Community
funding  for  conservation  of  sites  under  the  LIFE  Regu(cid:220)
lation  on  sites  being  integrated  or  already  integrated  into
the  Natura  2000  network.  Furthermore,  it  scrutinises
the  Structural  Funds
requests 
(particularly  objectives  2  and  5b)  very  thoroughly  for
compliance  with  environmental  regulations.

for  cofinancing 

from 

I 

to 

the  Directive  and  migratory 

Problems  also  frequently  arise  with  Article  4  of  Directive
79/409/EEC,  which  requires  that  sites  be  designated
special  protection  areas  for  wild  birds  wherever  the
objective  ornithological  criteria  are  met.  These  are  sites
which  provide  a  habitat  for  the  species  referred  to  in
species.
Annex 
Particular  importance  is  attached  to  the  protection  of
wetlands,  especially  those  of  international  significance.
There  is  no  question  as  to  the  meaning  of  Article  4,  as
interpreted  by  the  Court  of  Justice  in  its  judgment  of  11
July  1996  (Case  C(cid:220)44/95)  concerning  the  Lappel  Bank
site  in  the  Medway  estuary  near  the  port  of  Sheerness  in
Kent  (United  Kingdom):  special  protection  sites  must  be
selected  and  their  borders  drawn  on  the  basis  of  ornitho(cid:220)
logical  and  ecological  criteria  only;  economic  and  social
criteria  may  not  be  taken  into  consideration.

In  1997  the  Member  States  made  progress  in  proposing
the  meaning  of  Directive
conservation  sites  within 
92/43/EEC. 
the
them  had  provided 
(None  of 
Commission  with  a  full  list  of  proposed  sites  by  June
laid  down  by  the  Directive.)  In
1995,  the  deadline 
particular,  Belgium  and  Greece  notified  the  Commission
of  lists  which  the  authorities  in  those  countries  deemed
complete,  while  most  of 
the  other  Member  States
(Portugal,  Austria,  the  Netherlands,  Italy,  the  United
in  fairly  comprehensive,
Kingdom  and  Sweden)  sent 
though  still  incomplete  lists.  Lagging  furthest  behind  at
the  end  of  1997  were  Luxembourg  (no  sites)  and
two  L…nder  only).  France  has
Germany  (sites 

for 

Though  the  special  protection  sites  for  wild  birds  are  set
to  join  the  Natura  2000  network,  the  obligation  imposed
by  Directive  79/409/EEC  is  legally  quite  distinct  from
the  obligation  under  Directive  92/43/EEC  concerning
the  creation,  in  stages,  of  the  Natura  2000  network
linking  all  sites  of  Community  importance  containing
any  of  the  species  or  habitats  referred  to  by  Directive
92/43/EEC.  Areas  should  have  been  designated  as
special  protection  sites  when  the  Directive  entered  into
force  in  1981.  But  existing  sites  in  a  number  of  Member
States  are  still  too  few  in  number  or  cover  too  small  an

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area.  In  1998  the  Court  should  deliver  its  first  judgment
in  an  infringement  case  against  the  Netherlands  (Case
C(cid:220)3/96).  The  Commission 
continuing  with
proceedings  against  other  Member  States.

is 

locations:  Fuerteventura  in  the  Canary  Islands  (Spain),
the  Waddenzee  area 
(Netherlands),  Baixo  Vouga
Lagunar  (Portugal)  and  the  Marais  Poitevin,  the  Baie  de
Canche,  the  Plaine  des  Maures,  the  Vall~e  de  l’Aude  and
(all  France).  The  Commission  welcomes
Vingrau 
France’s  decision  to  designate  the  Loire  estuary  as  a
special  protection  site.

fulfilling 

The  Commission 
large  numbers  of
is  still  receiving 
complaints  about  infringements  of  Community  legislation
on  nature.  The  two  main  problems  are  the  failure  to
designate  areas 
the  objective  ornithological
criteria  as  special  protection  areas  and  projects  affecting
sites.  In  the  first  case,  the  Commission  continues  to
investigate 
it
individual  complaints  carefully, 
tends  to  deal  with  them  through  the  general  proceedings
referred  to  above  concerning  the  overall  lack  of  special
protection  sites.  In  most  cases,  the  problems  complained
of  are  settled  while  the  matter  is  still  being  investigated,
before  Article  169  letters  are  sent.

though 

Regarding  projects  with  a  potential  effect  on  sites  which
have  been  or  are  likely  to  be  designated  as  special
protection  sites,  Article  6  of  Directive  92/43/EEC
prohibits  significant  deterioration  or  disturbance  except
under  certain  conditions.  First  an  impact  assessment  must
be  carried  out  and  alternative  sites  must  be  sought  for
the  project.  If  there  are  no  alternatives,  the  project  may
be  carried  out,  but  only  then  if  there  are  imperative
reasons  of  overriding  public  interest,  including  economic
reasons,  compensation  is  provided  and  the  Commission
is  notified.  Many  complaints  concern  the  fact  that  these
conditions  have  not  been  met.

is 

pressing 

The  Commission 
ahead  with
also 
infringement  proceedings  in  certain  key  cases.  Following
the  Court  judgment  on  the  Santo(cid:253)a  marshes  in  Spain(cid:216)(˛),
it  is  continuing  with  Article  171  proceedings.  These  have
met  with  some  success  but  the  result  is  not  yet  entirely
satisfactory.  Another  case  the  Commission  has  referred
to  the  Court  (Case  C(cid:220)166/97)  involves  the  Seine  estuary:
the  special  protection  site  is  unacceptably  small,  is  not
properly  protected  and  is  being  developed  in  a  way
which  is  incompatible  with  Article  6.  Other  proceedings
in  the  following
currently  under  way  concern  sites 

(˛)(cid:217)Judgment  of  2  August  1993,  Case  C(cid:220)355/90.

now 

notified 

of
Finland 
has 
for  Directive  83/129/EEC
implementing  measures 
concerning  the  importation  of  skins  of  seal  pups.  The
infringement  proceedings  against  it  have  been  dropped.

the  Commission 

Directive  79/409/EEC  has  been  amended  by  Directive
97/49/EC(cid:216)(ˇ).  The  new  Directive,  which  must  be
transposed  into  national  law  by  30  September  1998,
removes  the  Phalocrocorax  carbo  sinensis  sub(cid:220)species  from
Annex  I  (the  list  of  protected  bird  species).

The  Council  adopted  Directive  97/62/EC(cid:216)(—)  adapting
Directive  92/43/EEC  to  technical  and  scientific  progress
by  amending  Annex  I  (list  of  habitat  types  requiring
designation  of  special  conservation  areas)  and  Annex  II
(species  requiring  designation  of  special  conservation
areas).

implementation 

Lastly,  Regulation  (EC)  No  338/97(cid:216)((cid:209))  on  the  protection
of  species  of  wild  fauna  and  flora  by  regulating  trade
therein  has  superseded  Regulation  (EC)  No  3626/82  on
in  the  Community  of  the  1973
the 
in
international 
Washington  Convention  on 
endangered  species  of  wild  fauna  and  flora  (the  "Cites’
Convention).  The  annexes  to  the  new  Regulation,  which
entered  into  force  on  1  June  1997,  have  been  amended
by  Regulation  (EC)  No  938/97(cid:216)((cid:210))  of  26  May  1997

trade 

(ˇ)(cid:217)Commission  Directive  97/49/EC  of  29  July  1997  amending
Council  Directive  79/409/EEC  on  the  conservation  of  wild
birds,  OJ  L  223,  13.8.1997,  p.  9.

(—)(cid:217)Council  Directive  97/62/EC  of  27  October  1997  adapting
to  technical  and  scientific  progress  Directive  92/43/EEC  on
the  conservation  of  natural  habitats  and  of  wild  fauna  and
flora,  OJ  L  305,  8.11.1997,  p.  42.

((cid:209))(cid:217)Council  Regulation  (EC)  No  338/97  of  9  December  1996
on  the  protection  of  species  of  wild  fauna  and  flora  by  regu(cid:220)
lating  trade  therein,  OJ  L  61,  3.3.1997,  p.  1.

((cid:210))(cid:217)Commission  Regulation  (EC)  No  938/97  of  26  May  1997
amending  Council  Regulation  (EC)  No  338/97,  OJ  L  140,
30.5.1997,  p.  1.

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and,  following  the  meeting  of  the  parties  to  the  Cites
Convention  in  Harare  in  June  1997,  by  Regulation  (EC)
No  2307/97(cid:216)(˛)  of  18  November  1997.  In  addition,
Regulation  (EC)  No  939/97(cid:216)(ˇ)  of  26  May  1997  laid
down  detailed  rules  concerning  implementation  of  Regu(cid:220)
lation  (EC)  No  338/97  with  regard  to  import  permits,
export  permits  and  re(cid:220)export  certificates.

13.7.  Radiation  protection

Infringement  proceedings  continue  against  Luxembourg
and  the  Netherlands,  whose  national  legislation  does  not
comply  with  Council  Directives  80/836/Euratom  or
84/467/Euratom  on  basic  safety  standards  for  health
protection  against  ionising  radiation.  Proceedings  have
also  been  started  against  the  three  new  Member  States,
(Austria,  Finland  and  Sweden)  for  failing  to  notify  the
Commission  of  implementing  measures  for  the  same  two
Directives  during  the  transition  period  which  ended  on  1
January  1997.  The  proceedings  against 
five
countries  are  somewhat  problematic  as  the  Directives  are
set  to  be  repealed  by  the  new  Directive  96/29/Euratom
on  13  May  2000.

these 

In  September  1997  Portugal  finally  completed  transposal
of  Council  Directive  84/466/Euratom  on  protection  of
persons  undergoing  medical  examination  or  treatment.
The  Commission  withdrew  the  action  it  had  brought
before  the  Court  of  Justice  (Case  C(cid:220)96/276).  In  Case
C(cid:220)96/21,  the  Court  found  on  9  October  1997  that  Spain
had  failed  to  implement  certain  Articles  of  the  Directive.
Italy  adopted  a  number  of  implementing  measures  in
laws  that  would
February  1997  and  presented  draft 
complete  the  process  of  transposal  and  Belgium  is  set  to
publish  a  new 
implement  the
instrument  which  will 
Directive.  Proceedings  against  these  two  countries  are
likely  to  be  terminated.  Proceedings  against  Ireland
the
to 
sent 
continue,  however.  The 
Commission  has  not  been  passed  and 
is  undergoing
technical  revision.

legislation 

In  response  to  a  reasoned  opinion  concerning  Council
Directive  89/618/Euratom  on 
the
general  public  in  the  event  of  a  radiological  emergency,

information 

for 

(˛)(cid:217)Commission  Regulation  (EC)  No  2307/97  of  18  November
1997  amending  Council  Regulation  (EC)  No  338/97,  OJ
L  325,  27.11.1997,  p.  1.

(ˇ)(cid:217)Commission  Regulation  (EC)  No  939/97  of  26  May  1997
laying  down  detailed  rules  concerning  the  implementation  of
Council  Regulation  (EC)  No  338/97,  OJ  L  140,  30.5.1997,
p.(cid:217)9.

instruments  aimed  at 

Germany  has  passed  measures  implementing  parts  of  the
Directive  which  it  had  previously  neglected.  However,
transposal  is  still  not  complete.  France  has  produced
several  draft 
implementing  the
Directive  in  full  and  the  Commission  has  made  recom(cid:220)
mendations  on  them.  Proceedings  against  France  will  be
dropped  once  these  have  been  adopted.  Spain,  Finland
and  Sweden’s  response 
letters
to 
addressed  to  them  have  yet  to  be  examined.

the  Article  169 

Belgium,  Greece,  Spain  and  Portugal  have  now  notified
the  Commission  of  measures 
implementing  Council
Directive  90/641/Euratom  on  protection  of  outside
workers  from  radiation.  Infringement  proceedings  will  be
duly  terminated.  France  has  issued  a  new  decree  but  it
does  not 
the
infringement  proceedings  will  continue.

the  Directive 

implement 

full,  so 

in 

Lastly,  Council  Directive  92/3/Euratom  on  international
shipments  of  radioactive  waste  has  not  yet  been
transposed  by  Belgium  or  Germany,  though  they  have
notified  the  Commission  of  draft  implementing  measures.
Consequently,  the  Commission  decided  in  1997  to  refer
both  cases  to  the  Court  of  Justice.  Austria,  Greece  and
Sweden,  on  the  other  hand  adopted  their  implementing
measures  in  1997.  The  proceedings  against  them  have
been  dropped.

13.8.(cid:217)Progress 

in 
environment

implementing  Directives  applicable  to  the

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

139

139

141

144

143

139

139

139

139

139

135

143

137

137

139

121

139

133

140

142

133

136

135

136

137

131

138

132

133

133

%

87

100

94

97

99

96

98

97

98

99

97

97

96

97

96

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Note:(cid:217)this  table  concerns  the  following  Directives:

Background:
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.

Air:
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.

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,  97/62.

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,  96/54,  97/35.

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

TRANSPORT

14.  INTRODUCTION

Though  there  was 
in  the  number  of
little  change 
transport  Directives  compared  with  1996,  fourteen  were
repealed  and  there  were  nineteen  new  ones  due  for
transposal.  Half  of  the  new  Directives  whose  deadlines
for  transposal  have  just  expired  were  aimed  at  bringing
Community  rules  on  the  transportation  of  hazardous
goods  and  maritime  safety  into  line  with  the  new  inter(cid:220)
national  agreements.  Most  of  the  repealed  Directives
were  removed  as  part  of  the  Commission’s  rational(cid:220)
isation  and  clarification  campaign  which 
involved
consolidating  legislation  in  the  interests  of  openness.  For
legis(cid:220)
example,  Directive  96/26/EC  consolidated  the 
lation  governing  access 
the  occupation  of  road
haulage/passenger 
transport  operator  and  Directive
96/53/EC  redrafted  the  rules  on  maximum  vehicle  size
and  weight.  These  new  Directives  should  make  the  rules
easier  to  apply.

to 

Like 
late
last  year,  most  Member  States  were  very 
adopting  national  implementing  measures  and  in  many
cases  they  did  so  only  after  infringement  proceedings
had  been  started.  No  fewer  than  two  thirds  of  the
Member  States  were 
infringement
the 
proceedings  relating  to  the  nineteen  new  Directives.
Thus  the  transposal  rate  is  significantly  down  from  1996.

subject  of 

15.  SITUATION  SECTOR  BY  SECTOR

15.1.  Road  transport

The  first  Community  legislation  aimed  at  approximating
the  Member  States’  national  standards  on  the  transpor(cid:220)

tation  of  hazardous  goods  entered  into  force  in  1997.
Until  then,  it  had  been  governed  by  international  rules
-  the  UN’s  Agreement  concerning  the  international
carriage  of  dangerous  goods  by  roads  (ADR)  and  the
Intergovernmental  Organisation 
International
Carriage  by  Rail’s  Regulations  concerning  the  carriage
of  dangerous  goods  by  rail  (RID).  These  agreements  did
not  cover  domestic  transport  within  the  Member  States.
In  order  to  keep  the  international  and  Community  rules
together,  the  ADR  and  the  RID  were  annexed  to  the
Community  Directives.

for 

Directive  94/55/EC  on  the  transportation  of  dangerous
goods  by  road,  as  amended  by  Directive  96/86/EC,
applies  the  ADR  to  domestic  and  international  transpor(cid:220)
tation  alike.  The  Directive  has  been  transposed 
into
national  law  by  thirteen  Member  States.

In  addition  to  these  two  Directives,  Directive  95/50/EC
strives  to  harmonise  checks  on  the  transportation  of
dangerous  goods  by  road,  in  order  to  enforce  safety
rules  more  effectively.  Ten  Member  States  have  notified
the  Commission  of  the  national  implementing  measures
for  this  Directive.

With  regard  to  the  maximum  size  and  weight  of  vehicles,
Directive  96/53/EC  brings  together  in  a  single,  new
instrument  two  Directives,  both  of  which  had  been
amended  several  times,  i.e.  Directive  85/3/EEC  on  the
weights,  dimensions  and  certain  other  technical  charac(cid:220)
teristics  of 
and  Directive
86/364/EEC  relating  to  proof  of  compliance  of  vehicles

vehicles 

certain 

road 

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with  Directive  85/3/EEC.  Only  Belgium,  Denmark,
Finland,  Luxembourg,  Portugal  and  Spain  have  notified
the  Commission  of  their  national  measures  implementing
the  new  Directive.  Infringement  proceedings  have  been
started  against  all  other  Member  States.

licences.  The  Commission 

concerning  the  implementation  of  the  new  provisions  on
driving 
few
complaints  on  application  of  Community  law  in  this
field,  which  suggests  that  the  older  Directives  have  been
properly  transposed  and  implemented.

receives 

on 

besides 

driving 

licences: 

There  is  concern  regarding  the  transposal  of  Directive
91/439/EEC 
the
infringement  proceedings  started  against  Austria,  France,
Germany  and  Portugal  for  partial  notification,  an  exam(cid:220)
ination  of  national  implementing  measures  revealed  that
they  failed  to  comply  with  the  Directive  on  a  number  of
points,  thus  triggering  further  infringement  proceedings.
The  problems  cover  a  wide  range  of  areas,  including
minimum  age  for  a  vehicle  category,  renewal  of  licences
for  EU  citizens  no  longer  residing  in  the  Member  States
of  issue,  the  criteria  for  vehicles  used  for  tests,  the
duration  of  the  practical  test,  and  minimum  requirements
in  terms  of  physical  and  mental  aptitude.  One  problem  is
to
the  automatic  registration  of 
drivers  who  move  from  one  country  to  another:  several
Member  States  have  devised  procedures  which  are
incompatible  with  the  principle  of  mutual  recognition  of
driving  licences.

licences  belonging 

With  regard  to  tax  matters,  the  Commission  dropped
proceedings  against  Italy  and  Sweden  for  failure  to
notify  measures  giving  effect  to  Directive  93/89/EEC  on
taxes,  tolls  and  charges.  However,  proceedings  against
France  continue,  and  the  Commission  has  decided  to
bring  an  action  against  Austria  before  the  Court,  on  the
grounds  that  the  decision  to  increase  the  toll  on  the
Brenner  motorway  amounts  to  incorrect  application  of
the  Directive.

that  did  not  entitle 

Ireland  has  still  not  transposed  Directive  91/328/EEC
on  the  approximation  of  Member  States’  laws  relating  to
roadworthiness  tests  for  motor  vehicles.  Ireland  was
given  until  1  January  1998  to  implement  the  Directive,
to  delay  adoption  of
but 
implementing  measures, 
infringement
proceedings  against  it  will  continue.  Austria  and  Portugal
are  the  only  Member  States  not  to  have  notified  the
Commission  of 
implementing  measures  for  Directive
94/23/EC  on  the  testing  of  vehicle  braking  systems.  The
deadline  was  1  January.

it 
and 

the 

so 

The  general  trend  on  the  road  transport  front  is  positive,
despite  the  odd  problem  with  transposal  and  difficulties

15.2.  Combined  transport

All  Member  States  have  now 
transposed  Directive
92/106/EEC  establishing  common  rules  for  certain  types
of  combined  goods  transport  of  goods  between  Member
States,  and  the  Commission  has  withdrawn  its  action
against  Belgium  in  the  Court  of  Justice  as  it  has  now
been  notified  of  the  national  implementing  measures.

15.3.  Inland  waterways

The  deadline  for  transposal  of  Directive  96/75/EC
passed  in  1997.  The  Directive,  dealing  with  chartering
and  pricing  systems  in  national  and  international  inland
waterway  transport  in  the  Community,  sets  out  gradually
to  liberalise  chartering  systems  (rotation  and  fixed  price).
It  allows  for  a  transitional  period  up  to  1  January  2000
during  which  the  Member  States  must  do  whatever  is
required  to  introduce  as  much  flexibility  into  the  char(cid:220)
tering(cid:220)by(cid:220)rotation  systems  as  they  can.  The  first  legal
requirement  they  have  to  meet  is  to  ensure  that  shippers
can  choose  freely  between  three  types  of  contract  by  30
November  1998.

In  practice  only  Belgium,  France  and  the  Netherlands
have  to  take  action  to  implement  Directive  96/75/EC.
The  other  Member  States’  rules, 
if  they  have  any,
already  comply  with  the  Directive.  All  the  Commission
requires  in  this  case  is  the  relevant  information  from  the
national  authorities.  Most  Member  States,  with 
the
exception  of  Portugal  and  the  United  Kingdom,  have
already  sent  in  this  information.  Of  the  three  Member
States  which  have  to  set  up  new  systems,  Belgium  and
France  have  now  notified  the  Commission  of  their
national  implementing  measures.  Transposal  seems  to  be
progressing  well.

carrier  of 

With  regard  to  Directive  87/540/EEC  on  access  to  the
by  waterway,
occupation  of 
infringement 
for
non(cid:220)compliance  have  now  been  dropped.  So  too  have
proceedings  against  Austria  for  failing  to  notify  the
Commission  of 
implementing  measures  for  Directive
91/672/EEC  on  the  reciprocal  recognition  of  national

against  Germany 

proceedings 

goods 

10.8.98

EN

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C  250/73

boatmasters’  certificates  for  the  carriage  of  goods  and
passengers  by  inland  waterway.

15.4.  Rail  transport

The  Commission  views  development  of  the  railways  as
an  essential  element  in  the  common  transport  policy  and
attaches  great  importance  to  enhancing  their  viability
and  competitiveness.  Consequently,  it  plans  to  devise  a
coherent  strategy  to  help  them  become  both  more
efficient  and  more  profitable.

Accordingly,  Directive  91/440/EEC  on  railway  devel(cid:220)
opment  has  been  reinforced  by  Directive  95/18/EC  on
licensing  of  railway  undertakings  and  Directive
the 
95/19/EC  on  the  allocation  of  railway  infrastructure
capacity  and  the  charging  of  infrastructure  fees.  The  two
Directives,  which  should  have  been  transposed  no  later
than  1997,  paved  the  way  for  a  competition(cid:220)led  revival
of  rail  transport.  The  Commission  regrets  that  only  five
Member  States  (Austria,  Denmark,  Finland,  Germany
and  Sweden)  have  notified 
implementing
measures.  It  has  still  to  decide  on  the  action  to  be  taken
in  relation  to  the  other  Member  States.

it  of  their 

to 

Furthermore,  there  are  still  major  problems  in  a  number
of  Member  States  with  transposal  of  Article  10  of
Directive  91/440/EEC,  concerning  access 
infra(cid:220)
structure.  Reasoned  opinions  have  been  sent  to  France,
Italy,  Luxembourg,  Spain  and  the  United  Kingdom.  This
situation  is  worrying,  since  transposal  of  this  article,
intended  gradually  to  open  up  the  rail  networks  to
competition,  is  of  major  importance  for  the  future  devel(cid:220)
opment  of  the  Community’s  railway  policy.  France  and
the  United  Kingdom’s  problems  regarding  transposal  of
Article  10  are  confined  to  the  Channel  tunnel  linking  the
two  countries  and  there  are  plans  to  adopt  bilateral  rules.

15.5.  Sea  transport

implemented 

It  took  three  years  for  Directive  93/75/EEC  to  be
properly 
in  a  majority  of  the  Member
States.  There  are  still  problems  with  Belgium,  Germany
and  the  United  Kingdom.  Furthermore,  the  Directive,
concerning  the  application  at  Community  level  of  inter(cid:220)
national  minimum  requirements 
for  vessels  carrying
dangerous  or  polluting  goods,  has  been  amended  by
Directives  96/39/EC  and  97/34/EC,  to  bring  it  into  line
standards.  The
with 
deadlines 
two  new  Directives
expired  in  1997,  but  most  of  the  Member  States  have  not
yet  done  so.

the  most  recent 

international 

transposing 

these 

for 

Some  progress  has  been  made  on  transposing  Directive
94/57/EC  on  common  rules  and  standards 
to  be
observed  by  the  Member  States  and  ship(cid:220)inspection,
survey  and  certification  organisations  so  as  to  ensure
compliance  with  international  conventions  on  maritime
safety  and  the  prevention  of  maritime  pollution.  The
infringement 
against  Austria,
Finland,  Greece,  Sweden  and  the  United  Kingdom  for
non(cid:220)notification  have  now  been  dropped,  but 
the
Commission  has  decided 
to  bring  actions  against
Belgium,  Ireland,  Italy  and  the  Netherlands  before  the
Court  of  Justice  for  the  same  reason.

proceedings 

started 

All  Member  States  except  the  Netherlands  have  now
notified 
implement
Directive  94/58/EC  on  the  minimum  level  of  training  of
seafarers,  and  proceedings  have  been  terminated.

the  Commission  of  measures 

to 

Infringement  proceedings  were  started  and  reasoned
opinions  sent  to  Belgium  and  Portugal  in  respect  of
Regulation  (EC)  No  2978/94,  aimed  at  promoting  use
of  segregated(cid:220)ballast  oil  tankers  in  order  to  minimise  the
risk  to  the  marine  environment  from  pollution  from
traditional  tankers.  The  proceedings  against  Portugal
were  dropped  but  it  was  decided  that  the  case  against
Belgium,  for  non(cid:220)notification,  should  be  referred  to  the
Court  of  Justice.

The  Commission  is  persisting  with  measures  to  improve
safety  and  prevent  pollution  of  the  seas.  It  is  particularly
concerned  with  enforcing 
international  standards  for
ships  more  effectively.  The  Commission  therefore  regrets
the  fact  that  the  Member  States,  with  the  notable
exceptions  of  Finland  and  Sweden,  are  behind  with
transposal  of  the  relevant  Directives.

There  are  still  major  problems  with  Directive  95/21/EC
on  port  state  control.  The  Directive  harmonises  criteria
for  inspecting  ships,  detention  rules  and  grounds  for
refusing  them  access  to  Community  ports.  Transposal  is
still  not  complete  and  reasoned  opinions  have  been  sent

C  250/74

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10.8.98

to  Belgium,  Ireland,  Italy,  the  Netherlands  and  Portugal
for  failure  to  notify  the  Commission  of  implementing
measures.  Late  notification  also  seems  to  be  the  order  of
the  day  for  Directive  96/40/EC  aimed  at  introducing  a
common  identity  card  for  inspectors  carrying  out  port
state  control  under  Directive  95/21/EC.  Reasoned
opinions  will  be  sent  to  Belgium,  Denmark,  Ireland,  the
Netherlands  and  Portugal,  which  have  yet  to  notify  the
Commission  of  their  implementing  measures.

remain 

regarding 

compliance  with
Problems  also 
Community  legislation  on  the  registration  of  vessels  and
the  granting  of  flag  rights.  The  national  rules  governing
these  matters  in  Belgium,  Italy  and  the  Netherlands  are
still  discriminatory.  Infringement  proceedings  continue.
Furthermore,  the  Court  of  Justice  ruled  against  Ireland
on  12  June  1997  and  Greece  on  27  November  1997  for
nationality 
retaining 
contravened
rules 
Community 
law  regarding  registration  of  merchant
vessels.

which 

Proceedings  have  also  been  started  against  certain
Member  States  for  infringement  of  Community  rules  on
maritime  cabotage.  The  Commission  has  sent  reasoned
opinions  to  France  and  Italy,  both  of  which  have
retained  laws  allowing  only  domestic  vessels  to  transport
goods  between  domestic  ports.  Such  laws  contravene
Regulation  (EEC)  No  3577/92,  which  provides  for  the
opening  up  of  maritime 
to  Community
shipowners  operating  vessels  registered  in  and  flying  the
flag  of  a  Member  State,  from  1  July  1993.

cabotage 

situation 

regarding 

cargo(cid:220)sharing 

The 
agreements
between  Member  States  and  non(cid:220)member  countries  is
still  far  from  ideal;  the  principle  of  freedom  to  provide
services  guaranteed  by  Regulation  (EEC)  No  4055/86  is
still  being  flouted.  Proceedings  are  under  way  against
four  Member  States 
in  respect  of  nineteen  bilateral
agreements  with  non(cid:220)member  countries.  Real  progress
has  been  made  with  regard  to  Spain’s  agreements  with
Central  and  West  Africa  (the  MCWCS):  the  bilateral
agreement  with  the  Cłte  d’Ivoire  has  been  amended  and
the  agreements  with  Cameroon,  the  Congo,  Gabon,
Equatorial  Guinea  and  Senegal  have  been  repudiated.
The  other  Member  States’  agreements  with  the  MCWCS
are  still  causing  problems,  however:  a  reasoned  opinion
has  been  sent  to  Italy  and  the  Commission  has  decided
to  refer  cases 
involving  Belgium,  Luxembourg  and
Portugal  to  the  Court  of  Justice.  Furthermore,  the  other
agreements  concluded  by  these  Member  States  have  not
yet  been  amended.  Spain  has  amended 
its  bilateral
agreement  with  Tunisia,  but  Belgium  will  be  taken  to  the
Court  of  Justice  over  its  agreements  with  Togo  and  the

Congo  (ex(cid:220)Zaire),  as  will  Portugal  over  its  agreement
with  Yugoslavia  and  Italy  over 
its  agreement  with
Morocco.  Actions  have  also  been  brought  against
Belgium  and  Luxembourg  for  their  agreement  with
Malaysia.

In  spite  of  the  best  efforts  of  the  Commission,  which
strives  constantly  for  more  effective  implementation  of
Community  law  on  maritime  transport,  the  overall  trend
in  this  particular  field  still  gives  cause  for  concern.

15.6.  Air  transport

Liberalisation  of  air  transport  in  the  European  Union
was  completed  in  April  1997:  domestic  routes  within  the
Member  States  were  opened  up  to  all  Community
airlines.  In  the  course  of  1997  solutions  were  easily
the
found 
the 
Commission  concerning 
third
package  of  measures  on  computerised 
reservation
systems.

the  one(cid:220)off  problems  detected  by 

implementation  of 

to 

However,  the  full  effects  of  liberalisation  will  be  felt  only
if  rules  are  introduced  on  air(cid:220)traffic  related  activities,
with  the  intention  of  ensuring  fair  competition  between
carriers;  hence  the  adoption  of  Directive  96/67/EC  on
access  to  the  ground(cid:220)handling  market  at  Community
airports.  The  purpose  of  the  Directive,  which  should
have  been  transposed  into  national  law  by  25  October
1997,  is  to  open  the  ground(cid:220)handling  market  up  to
competition,  so  that  the  user  can  choose  the  company
offering  the  services  that  best  suit  its  needs.  At  the  same
time,  the  Directive  takes  account  of  the  different  types  of
services,  the  social  effects  of  opening  the  market  up  to
competition  and  the  need  to  ensure  that  airports  can
function  properly.  Accordingly, 
it  provides  for  both
liberalisation  and  supporting  measures.  The  Commission
deeply  regrets  that  none  of  the  Member  States  have
transposed  this  Directive  within  the  time  allowed.  Article
169  letters  have  been  sent  to  all  of  them.  The  first
implementing  measures  were  those  taken  by  Germany  at
the  end  of  1997.

to 

found 

licences.  However, 

No  solution  has  yet  been 
the  problems
concerning  compliance  with  Directive  91/670/EEC  on
civil(cid:220)aviation  personnel 
there  has
been  a  significant  drop  in  the  number  of  new  complaints
for  incorrect  application.  The  Commission  was  pleased
to  be  able 
terminate  proceedings  against  Spain
following  adoption  of  a  ministerial  decree  ensuring  that
pilots’  licences  issued  by  other  Member  States  would  be
recognised.  The  Commission  will  closely  monitor  how
the  decree  is  applied.  Proceedings  against  France  are  still
open  and  there  are  problems  with  incorrect  application
in  Belgium.

to 

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/75

The  Commission  has  dropped  proceedings  against
France  and  Spain  in  respect  of  Directive  93/65/EEC  on
the  definition  and  use  of  compatible  technical  specifi(cid:220)
cations  for  the  procurement  of  air(cid:220)traffic(cid:220)management
equipment  and  systems.  However,  the  Commission  has
decided  to  refer  a  case  involving  Italy  to  the  Court  of
Justice  and  has  sent  a  reasoned  opinion  to  Austria  for
failing  to  notify  it  of  national  implementing  measures.
is  of  major
Proper  application  of 
importance  for  the  harmonisation  of  the  Member  States’
air  traffic  control  systems  and  for  the  smooth  operation
of  public  procurement  in  this  sector.  It  is  even  more
important 
the
Directive  properly  now  that  the  deadline  for  transposal
of  the  amendments  contained  in  Directive  97/15/EC
(1(cid:217)December  1997)  has  passed.  The  amendments
supplement  the  Directive  and  bring  it  into  line  with  the
new  Eurocontrol  standards.

that  all  Member  States 

this  Directive 

implement 

Transposal  of  Directive  94/56/EC  establishing  basic
principles  for  the  investigation  of  civil  aviation  accidents
and  incidents  is  still  very  patchy,  and  the  Commission
regrets  that  only  Denmark,  Finland,  Ireland,  Sweden
and  the  United  Kingdom  have  notified 
it  of  their
implementing  measures.

15.7.  Summertime

The  last  date  for  transposal  of  Directive  97/44/EC,  the
summertime  arrangements,  was
eighth  Directive  on 
31(cid:217)December  1997.  All 
the  Member  States  have
complied.

15.8.(cid:217)Progress  in  implementing  directives  on  transport

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

49

44

49

44

44

49

44

49

49

49

49

49

44

44

49

34

37

39

32

37

38

28

34

41

37

40

35

42

42

36

%

69

84

79,5

72,5

84

77,5

63,5

69

83,5

75,5

81,5

71

85,5

85,5

73

Note:(cid:217)this  table  concerns  the  following  Directives:

62/2005,  76/135(cid:216)(*),  76/914,  77/143,  79/115,  82/714(cid:216)(*),  84/647,
87/540(cid:216)(*),  88/449,  88/599,  89/459,  90/398,  91/328,  91/439,
91/440,  91/670,  91/671,  91/672(cid:216)(*),  92/6,  92/54,  92/55,  92/106,
93/65,  93/75,  93/89,  94/21,  94/23,  94/55,  94/56,  94/57,  94/58,
94/72,  95/18,  95/19,  95/21,  95/50,  96/26,  96/39,  96/40,  96/47,
96/49,  96/53,  96/67,  96/75(cid:216)(*),  96/86,  96/87,  97/15,  97/34,
97/44.

(*)(cid:217)not  applicable  to  Denmark,  Greece,  Spain  and  Ireland.

ENERGY

16.  INTRODUCTION

17.  SITUATION  SECTOR  BY  SECTOR

On  23  October  the  Court  of  Justice  gave  judgment  in
the  gas  and  electricity  import  and  export  monopoly  cases
against  four  Member  States.  These  judgments  consider
the  questions 
its
applications  as  to  the  form,  but  do  not  deal  with  the
the
issues  of  substance.  The  Court  also  considers 
importance  of  application  of  Article  90  of  the  Treaty  in
the  context  of  economic  functions  of  general  interest.

the  Commission 

raised  by 

in 

At  89,9(cid:216)%,  the  rate  of  transposal  of  directives  is  up  on
the  rate  for  1996.

17.1.  Internal  market  for  electricity  and  natural  gas

Directive  96/92/EC  of  the  European  Parliament  and  the
Council  of  19  December  1996  concerning  common  rules
for  the  internal  market  in  electricity  entered  into  force
on  19  February  1997.  Work  continues  on  legislation  to
open  up  the  market  in  natural  gas.

17.2.  Energy  efficiency

Belgium 
92/42/EEC  on 

has 

now 

transposed  Council  Directive
for  new

requirements 

efficiency 

C  250/76

EN

Official  Journal  of  the  European  Communities

10.8.98

is  thus  complete 

hot(cid:220)water  boilers;  transposal 
in  all
Member  States.  And  only  Austria,  the  Netherlands  and
the  United  Kingdom  have 
implemented  Directive
96/57/EC  of  the  European  Parliament  and  the  Council
on  efficiency  requirements  for  household  electric  refrig(cid:220)
erators,  freezers  and  combinations  thereof,  despite  a
transposal  deadline  of  3  September  1997.

17.3.  Oil  and  gas

Belgium  has  still  not  transposed  Directive  94/22/EC  of
the  European  Parliament  and  the  Council  on  conditions
for  granting  and  using  authorisations  for  the  pros(cid:220)
pection,  exploration  and  production  of  hydrocarbons.

the
Infringement 
Directives 
Directive
92/75/EEC  on  the  indication  of  energy  consumption.

proceedings 
implementing 

framework 

regarding 

continue 

Commission  Directive  94/2/EC  regarding  household
electric  refrigerators,  freezers  and  combinations  thereof
has  still  not  been  transposed  by  Italy.  Commission
Directive  95/12/EC  on  household  washing  machines  has
yet  to  be  transposed  by  Belgium,  France,  Italy  and  Spain.
And  Belgium  and  Italy  have  not  yet 
implemented
Commission  Directive  95/13/EC  on  household  electric
tumble  dryers.  The 
transposal  of
Commission  Directive  96/60/EC  on  energy  labelling  of
household  combined  washer(cid:220)dryers  was  15  July  1997,
but  it  has  still  not  been  implemented  by  Belgium,  France,
Italy,  Luxembourg  or  Sweden.  But  the  Netherlands  has
already  transposed  Commission  Directive  97/17/EC  on
household  dishwashers,  for  which  the  deadline  is  15  June
1998.

final  date 

for 

However,  Council  Directive  93/76/EEC  to  limit  carbon
dioxide 
efficiency
(SAVE)  has  now  been  transposed  by  all  Member  States.

emissions  by 

improving 

energy 

17.4.(cid:217)Progress  in  implementing  directives  on  energy

Member  State

Directives
applicable  on
31.12.1997

Directives  for
which  measures
have  been
notified

Belgien

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United  Kingdom

20

20

21

20

20

20

20

20

19

20

20

20

18

20

20

15

19

20

19

18

16

18

14

16

20

20

19

16

18

20

%

75

95

95

95

90

80

90

70

84

100

100

95

89

90

100

Note:(cid:217)this  table  concerns  the  following  Directives:

68/414,  72/425,  73/238,  76/491,  78/170,  82/885,  85/536,
87/441,  90/377,  90/547,  90/653 
in
Germany),  91/296,  92/42,  93/76,  94/2,  94/22  (not  applicable  in
Luxembourg),  95/12,  95/13,  96/57,  96/60,  96/89.

(applicable  exclusively 

Directives  91/296/EEC  and  94/22/EC  are  not  relevant 
to
Finland,  subject  to  verification  by  the  Commission.  Directives
75/339  and  75/405  have  been  repealed.

STRUCTURAL  FUNDS  AND  COMMUNITY  LAW

The  Structural  Funds  Regulations  lay  down  the  principle
that  projects  enjoying  Community  financial  support  must
comply  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  Regu(cid:220)
lation  (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  part(cid:220)
nership,  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  4253/88
or 
(EC)  No
1164/94.

the  relevant  provision 

in  Regulation 

Community  case(cid:220)law  confirms 
infringement
procedure  and  the  procedure  of  Article  24  of  Regulation

that 

the 

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/77

(EEC)  No  4253/88  are  quite  distinct  (Case  T(cid:220)461/93,
An  Taisce,  the  National  Trust  for  Ireland  and  WWF,
judgment  of  23  September  1994),  which  means  that  the
commencement  of 
infringement  proceedings  does  not
automatically  trigger  the  procedure  provided  for  by
Article  24  of  Regulation  (EEC)  No  4253/88  (and  vice
versa).

through 

between  the  infringement  and  Community  funding.  As  a
rule,  cofinancing  from  the  Structural  Funds  is  generally
arranged 
operational
programmes  and  the  choice  of  projects  is  primarily  the
Member  States’  responsibility.  There  is  also  the  further
problem  of  a  more  general  infringement  (as  where  a
directive  is  incorrectly  transposed)  with  indirect  impli(cid:220)
cations  for  projects  cofinanced  by  the  Funds.

comprehensive 

However,  the  fact  that  the  two  procedures  (infringement
proceedings  and  withdrawal  of  assistance)  are  not  neces(cid:220)
sarily  linked  politically  or  legally  does  not  mean  they  are
mutually  exclusive.  Thus,  if  an  Article  169  letter  is  sent
as  part  of  the  infringement  proceedings,  there  may  also
be  grounds  for  suspending  assistance  or,  once 
the
reasoned  opinion  has  been  issued,  starting  the  procedure
to  cancel  or  reduce  it  in  accordance  with  Article  24  of
Regulation  (EEC)  No  4253/88.  Likewise,  where  Article
169 
the
Commission  does  not 
its  right  to  recover  the
Community  contribution.

infringement  proceedings  are 

terminated, 

lose 

law  and  policies.  But  before 

The  basic  principle 
is  that  the  effectiveness  of  the
cohesion  policy  depends  heavily  on  compliance  with
Community 
taking  a
decision  to  reduce  or  withdraw  Community  assistance,
the  Commission  assesses  the  gravity  of  the  infringement
on  a  case(cid:220)by(cid:220)case  basis.  This  means 
serious
terms  of
infringements  must  have  repercussions 
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.

that 
in 

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).

Expressed  as  a  proportion  of  the  total  number  of
infringements  of  environmental  and  public(cid:220)procurement
rules,  the  number  of  suspected  or  proven  infringements
which  are  or  may  be  linked  to  Community  funding  is
relatively  small  at  4,7(cid:216)%  for  environmental  rules  and
8,7(cid:216)%  for  public  procurement.

These  figures  are  given  for  guidance;  they  are  merely
one  clue  among  others  as  to  the  scale  of  the  problem.
Some  infringements  go  undetected  by  the  Commission
while,  in  other  cases,  it  is  hard  to  establish  a  clear  link

to  available  data, 

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

Germany

Austria

Belgium

Spain

France

Greece

Ireland

Italy

Portugal

United  Kingdom

1

2

1

7

6

(public  procurement)

(public  procurement)

(environment)

(environment)

(environment:  5;
public  procurement:  1)

13 (environment:  5;

public  procurement:  8)

3

1

6

1

(environment)

(environment)

(environment:  2;
public  procurement:  4)

(environment)

the  assistance  given  and 

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

the  most  common 

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

that  action  be 

Lastly,  it  should  be  remembered  that  monitoring  the
in  connection  with
law 
application  of  Community 
financial  assistance
Structural  and  Cohesion  Funds 
requires  not  only 
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.

C  250/78

EN

Official  Journal  of  the  European  Communities

10.8.98

BUDGET  MATTERS

Infringement  proceedings  involving  the  budget  are  few
and  far  between.  This  goes  for  infringements  against
Community  rules  on  agriculture,  customs  and  VAT  with
an  impact  on  own  resources,  and  infringements  against
financial  provisions  proper.  Member  States  which  are
late  in  paying  own  resources  are  required  to  pay  penalty
interest,  which  helps  to  ensure  that  disputes  are  settled
quickly  and  efficiently.

The  Commission  decided  to  refer  to  the  Court  of  Justice
a  case  against  Germany,  which  had  infringed  Regu(cid:220)
lations  (EEC)  No  2252/90  and  No  1552/89  by  failing  to
interest)
make  available  own  resources  (and  penalty 
relating  to  uncollected  agricultural  levies.

The  Commission 
infringement
proceedings  in  two  other  cases  concerning  traditional
own  resources:

decided 

start 

to 

-(cid:217)one  involving  Belgium,  which  did  not  make  available
own  resources  paid  to  it  in  instalments,  until  the  full
amount  had  been  recovered;  and

-(cid:217)another 

involving 

Italy,  which,  without 

the
Commission’s  consent  and  without  being  able  to
demonstrate  sufficient  grounds,  deducted  amounts
from  its  own  resources  payments  relating  to  customs
duties  on  imports  bound  for  San  Marino.

COMMUNITY  STAFF

in 

this 

initiated 

infringement  proceedings 

The 
field
concern  the  Member  States’  failure  to  comply  with  the
Protocol  on  Privileges  and  Immunities  of  the  European
Communities  and 
implement  national  provisions
required  for  the  correct  application  of  the  Staff  Regu(cid:220)
lations  of  Officials  and  the  Conditions  of  Employment  of
Other  Servants  of  the  European  Communities.

to 

Following  an  Article  169  complaint,  the  Court  of  Justice
ruled  on  17  July  1997  that  Spain  was  failing  to  fulfil  its
obligations  under  Article  11(2)  of  Annex  VIII  to  the
Staff  Regulations 
the  European
Communities,  relating  to  the  transfer  of  pension  rights.

for  officials  of 

In  one  case,  relating  to  the  problems  Community  staff
have  had  obtaining 
in  Spain,
proceedings  are  still  open.

residence  permits 

The  Commission  also  sent  Greece  a  reasoned  opinion  on
the  transfer  of  pension  rights.  The  Greek  authorities
responded  by 
transfers
possible.  The  bill,  which  has  won  the  Commission’s
approval,  is  on  its  way  through  the  Greek  Parliament.

introducing  a  bill  making 

Spain  has  now  acted  upon  the  reasoned  opinion  sent  to
it  on  13  September  1996:  in  January  1997  it  started  to
issue  non(cid:220)Spanish  Community  staff  with  a  new  type  of
document  enabling  them  to  prove  they  were 
legally
resident  in  Spain  while  assigned  to  a  post  there.  The
Commission  is  looking  into  whether  the  new  permits  do
actually  solve 
the  reasoned
opinion.

the  problems  raised 

in 

started 

proceedings 

The 
for
non(cid:220)compliance  with  the  rules  on  pension  transfers  have
been  dropped 
the  adoption  of  a  new,
Commission(cid:220)endorsed  law  amending  the  law  of  21  May
1991.

following 

Belgium 

against 

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/79

STATISTICS

The  Member  States’  obligations  in  statistical  matters  are
mainly  to  supply  figures  at  pre(cid:220)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  against  the  Spanish
and  French  authorities  for  failure  to  submit  monthly  data
landings  of
on  the  quantities  and  average  prices  of 
fishery  products  in  the  prescribed  form  (Council  Regu(cid:220)
lation  (EEC)  No  1318/91)  and  annual  catch  statistics
(Regulation  (EEC)  No  3880/91)  are  still  in  motion.

The  deadlines  for  transposing  Community  directives  into
national  law  are  causing  problems.  Most  of  the  delays
are 
institutional  and  administrative
structures  in  the  Member  States.

linked 

the 

to 

twenty 

initiated 

it  of  national 

The  Commission 
infringement
proceedings  against  Member  States  which  had  failed  to
notify 
implementing  measures  for  two
Directives.  Infringement  proceedings  were  started  against
the
France,  Germany,  Ireland,  Italy,  Portugal  and 
United  Kingdom 
respect  of  Council  Directive
95/57/EC  of  23  November  1995  on  the  collection  of
statistics 
started
proceedings  against  all  Member  States  except  Austria
over  Council  Directive  96/16/EC  of  19  March  1996  on
statistical  surveys  of  milk  and  milk  products.

tourism.  The  Commission 

on 

in 

Most  Member  States  have  notified  the  Commission
either  of  national  measures  implementing  the  Directives
legislative  bills  or  draft  administrative
or  at 
measures  which  will  bring 
line  with
them 
Community  law.  The  Commission  has  been  asked  to
terminate  proceedings  in  a  number  of  cases.

least 

into 

C  250/80

EN

Official  Journal  of  the  European  Communities

10.8.98

ANNEX  I

SUSPECTED  INFRINGEMENTS  1993  TO  1997

Table  1.1.

Suspected  infringements  -  Origin

Year

1993

1994

1995

1996

1997

Complaints

Parliamentary
questions

Petitions

Cases  detected  by
Commission

1(cid:216)040

1(cid:216)145

955

819

957

30

5

30(cid:216)(*)

22(cid:216)(*)

13(cid:216)(*)

23

6

4(cid:216)(*)

4(cid:216)(*)

4(cid:216)(*)

247

277

297

257

261

Total

1(cid:216)340

1(cid:216)433

1(cid:216)252

1(cid:216)076

1(cid:216)218

(*)(cid:217)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.

DG(cid:216)I
External  Relations

DG(cid:216)II
Economic  and  Financial  Affairs

DG(cid:216)III
Internal  Market  and  Industrial  Affairs
(up  to  1992)
Industry  (1993)

DG(cid:216)IV
Competition

DG(cid:216)V
Employment,  Industrial  Relations
and  Social  Affairs

Table  1.2.

Suspected  infringements  -  Classified  by  sector  and  Member  State

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

Total

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

0

1

0

0

0

0

1

0

0

1

1

2

1

1

2

2

1

2

1

1

4

3

7

10

2

0

0

0

0

0

0

0

0

0

0

5

0

3

4

3

4

0

2

0

2

4

0

2

3

1

2

0

0

0

0

0

1

0

0

0

4

12

10

12

11

2

2

4

5

4

3

3

2

3

5

0

1

0

0

0

2

1

1

0

0

5

7

1

0

2

7

20

0

4

3

4

4

1

0

2

0

0

0

0

0

2

0

0

1

0

1

3

2

3

5

2

3

5

2

6

3

2

1

2

5

0

0

0

0

0

0

2

1

0

0

1

1

6

3

10

5

3

6

2

4

11

7

10

10

9

0

0

0

0

1

0

1

0

0

0

0

1

0

1

0

2

1

0

1

2

2

1

2

1

1

0

0

0

0

0

1

1

0

0

2

7

8

2

7

9

7

4

11

2

9

3

14

1

4

3

0

0

0

0

0

0

0

0

0

0

1

1

1

0

0

1

1

0

0

2

0

0

1

0

2

1

0

0

1

0

0

0

0

0

1

6

1

4

0

2

3

2

1

1

2

2

2

4

3

3

0

0

0

0

0

0

0

2

1

0

0

0

0

0

1

0

0

4

2

3

0

0

1

0

12

0

0

0

0

0

1

2

0

0

0

1

6

1

1

1

2

1

1

1

0

0

1

3

0

1

0

0

0

0

0

0

0

1

0

0

0

0

1

2

2

0

0

0

1

0

0

0

1

0

2

0

0

0

0

0

0

0

0

0

0

0

0

4

3

2

0

0

0

1

1

0

0

1

1

0

1

0

0

1

0

0

1

0

0

0

2

2

2

1

1

1

0

1

1

0

8

24

7

3

1

4

2

0

2

1

6

10

5

2

4

34

44

38

38

51

38

38

37

24

39

44

61

44

40

49

1
0

.

8

.

9
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
5
0
/
8
1

 
 
 
 
 
 
DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

Total

DG(cid:216)VI
Agriculture

DG(cid:216)VII
Transport

DG(cid:216)IX
Personnel  and  Administration

DG(cid:216)X
Audiovisual  Media,  Information,
Communication  and  Culture

DG(cid:216)XI
Environment,  Nuclear  Safety
and  Civil  Protection

B

4

38

7

2

7

2

1

8

5

3

0

0

2

0

0

0

0

3

0

0

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

16

1994

1995

1996

6

7

3

3

12

10

3

4

0

1

3

4

2

1

0

0

0

0

1

0

0

0

0

7

4

1

6

1997

18

10

8

29

16

25

42

2

0

16

4

6

0

0

0

0

0

0

0

0

0

0

31

60

29

33

50

6

12

11

9

8

3

2

5

5

3

1

0

0

0

0

1

0

1

0

0

21

38

3

6

8

4

14

5

6

0

1

0

0

0

0

1

0

0

1

0

46

17

15

5

10

103

89

66

49

63

30

67

35

16

32

13

18

9

5

6

0

0

0

0

0

1

0

0

0

0

31

43

36

25

47

5

13

5

1

7

0

0

3

2

0

0

0

0

0

0

0

0

0

0

1

33

38

21

13

28

20

23

28

27

31

3

2

9

3

6

0

0

0

0

0

0

1

0

1

2

23

21

12

27

23

0

3

2

2

2

1

1

5

1

1

0

0

0

0

0

0

0

0

0

0

2

4

6

3

3

8

41

13

6

6

1

0

1

4

0

0

0

0

0

0

0

0

0

0

0

6

4

11

7

5

0

0

5

6

5

0

0

2

2

4

0

0

0

0

0

0

0

1

0

0

0

0

4

10

9

7

9

5

7

10

4

3

6

4

0

0

0

0

0

0

0

0

0

0

0

21

16

11

9

17

0

0

0

3

5

0

0

2

1

1

0

0

0

0

0

0

0

1

1

0

0

0

8

3

7

0

0

5

3

7

0

0

4

2

0

0

0

0

0

0

0

0

1

0

0

0

0

4

3

9

8

32

14

7

11

1

6

4

6

0

0

0

0

0

0

0

3

1

0

0

64

57

34

11

16

120

317

159

123

185

34

48

82

54

32

3

0

2

0

0

4

4

8

3

3

383

359

265

207

315

C

2
5
0
/
8
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1
0

.

8

.

9
8

 
 
 
 
 
 
DG(cid:216)XIII
Telecommunications,  Information  Market
and  Exploitation  of  Research

DG(cid:216)XIV
Fisheries

DG(cid:216)XV
Financial  Institutions  and  Company  Law
(up  to  1992)
Internal  Market  and  Financial  Services  (1993)

DG(cid:216)XVI
Regional  Policies

DG(cid:216)XVII
Energy

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

Total

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

0

0

2

0

1

0

0

0

1

1

53

33

36

31

34

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

1

1

0

1

0

9

11

13

9

12

0

0

0

0

0

0

0

1

0

0

0

1

1

0

1

1

0

2

0

0

86

76

84

65

57

0

0

0

0

0

0

0

1

3

0

1

0

0

0

2

0

1

1

0

0

58

44

39

23

37

0

0

0

0

0

0

0

1

1

0

1

0

1

0

1

0

2

1

1

1

34

40

56

26

33

0

0

0

0

0

0

1

2

0

2

0

0

0

0

0

2

3

1

1

1

99

95

91

76

51

0

0

0

0

0

0

1

1

0

1

0

0

0

0

0

0

1

0

0

0

6

7

11

10

12

0

0

1

0

0

0

0

1

0

0

1

0

0

3

0

1

0

0

0

0

108

106

65

53

68

0

0

0

0

0

0

0

1

1

0

0

0

0

1

0

0

0

0

0

0

6

7

7

9

8

0

0

0

0

0

0

0

1

0

0

1

0

1

0

0

1

0

0

0

0

25

32

26

13

19

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

21

25

23

0

0

0

0

0

0

0

1

1

0

3

0

2

0

3

0

0

0

0

1

15

19

22

13

21

0

0

0

0

0

0

0

1

0

0

0

0

0

1

0

0

0

0

2

0

0

0

9

12

16

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

0

0

0

30

33

22

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

1

0

0

1

42

23

2

103

41

0

0

0

0

0

0

1

1

0

0

7

1

7

5

8

7

9

5

7

5

541

493

512

501

454

0

0

1

0

0

0

3

14

6

3

1
0

.

8

.

9
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
5
0
/
8
3

 
 
 
 
 
 
DG(cid:216)XIX
Budgets

DG(cid:216)XXI
Customs  and  Indirect  Taxation

DG  XXII
Human  Resources,
Education,  Training  and  Youth

DG  XXIII
Enterprise  Policy,  Distributive  Trades
Tourism  and  Cooperatives

DG  XXIV
Consumer  Policy  Service

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

Total

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

0

1

1

0

0

8

4

3

2

2

0

0

0

0

0

1

0

0

0

0

0

1

0

1

0

0

0

0

0

0

2

3

0

4

1

0

0

0

0

0

0

0

0

0

0

0

1

0

0

0

0

0

1

0

0

8

1

5

4

3

0

0

0

1

0

0

0

0

0

0

1

0

0

0

0

0

0

0

1

0

12

3

8

2

7

0

0

0

0

0

0

0

0

2

4

0

0

0

0

0

0

0

0

0

0

5

1

2

4

4

1

1

0

0

0

2

2

1

1

0

0

0

0

1

0

1

0

0

1

0

9

2

13

8

14

0

0

0

1

0

0

0

0

0

0

5

4

0

0

1

0

0

0

0

0

4

2

0

0

1

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

1

1

17

4

10

1

6

0

0

0

1

0

0

0

0

2

2

1

1

0

2

1

0

0

0

0

0

0

1

2

0

0

0

0

0

0

0

0

0

0

0

0

3

0

0

0

0

0

0

0

0

0

6

2

3

3

0

0

0

0

0

0

0

0

0

0

1

7

1

0

0

0

0

0

0

0

0

0

0

3

4

2

0

0

0

0

0

0

0

1

1

0

0

0

0

0

1

0

0

0

0

0

2

2

0

2

1

0

0

0

0

0

0

0

0

0

0

2

0

0

0

0

0

0

0

0

0

0

0

4

6

6

0

0

0

0

0

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0

2

4

4

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2

9

3

7

2

3

0

2

0

1

0

0

0

0

0

1

2

1

0

0

0

1

1

3

3

3

82

28

62

46

54

1

4

0

4

0

3

2

2

6

8

21

9

0

5

3

C

2
5
0
/
8
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1
0

.

8

.

9
8

 
 
 
 
 
 
SOEC
Statistical  Office

LS
Legal  Service

SG
Secretariat(cid:220)General

Total

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

Total

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

0

0

0

0

0

1

0

0

0

0

0

0

0

0

1

92

92

80

57

73

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

37

33

36

34

35

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

0

0

1

0

2

0

0

2

0

0

0

0

0

0

0

0

0

1

0

1

0

0

0

0

0

0

0

0

0

0

0

0

149

185

171

155

179

146

112

84

52

78

184

196

147

103

128

209

246

210

148

176

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

52

66

44

29

53

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

192

185

140

135

163

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

14

18

25

16

18

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

67

85

65

38

39

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

45

52

60

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

59

59

52

37

55

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

28

33

39

52

51

45

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2

0

3

0

0

5

0

3

0

0

0

0

0

0

1

139

156

73

136

1(cid:216)340

1(cid:216)433

1(cid:216)252

1(cid:216)076

77

1(cid:216)218

1
0

.

8

.

9
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
5
0
/
8
5

 
 
 
 
 
 
C  250/86

EN

Official  Journal  of  the  European  Communities

10.8.98

Table  1.3.

Suspected  infringements  -  Action  taken  classified  by  year  of  registration

Year

1993

1994

1995

1996

1997

Total  cases

Terminated

In  motion

Established
infringements

1(cid:216)340

1(cid:216)433

1(cid:216)252

1(cid:216)076

1(cid:216)218

1(cid:216)010

987

831

489

170

41

117

60

338

889

289

329

361

249

159

ANNEX  II

ESTABLISHED  INFRINGEMENTS  1993  TO  1997

Table  2.1.

Established  infringements  -  Classified  by  stage  of  proceedings  and  Member  State

Member  State

Article  169  letters

Reasoned  opinions

Referrals  to  Court

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

1993

1994

1995

1996

1997

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

98

66

120

125

107

105

91

108

91

75

0

125

0

0

98

77

57

90

96

86

90

70

80

42

92

113

81

97

67

102

114

64

73

0

96

0

0

73

71

59

4

115

2

2

77

72

22

62

58

59

88

43

75

39

32

132

54

290

69

47

90

63

121

108

107

154

83

122

75

55

93

117

78

74

96

26

3

35

41

28

39

25

49

29

22

0

40

0

0

15

Total

1(cid:216)209

974

1(cid:216)016

1(cid:216)142

1(cid:216)436

352

41

14

66

85

53

49

47

60

36

20

0

54

0

0

19

1

25

26

15

17

3

36

9

4

0

22

0

0

62

0

37

51

30

46

36

71

28

9

2

49

0

0

21

546

15

192

14

435

35

1

35

23

25

52

15

35

16

11

38

35

8

6

8

7

0

4

4

5

2

0

6

11

5

0

0

0

0

0

10

0

5

17

9

8

12

12

6

4

0

5

0

0

1

6

0

10

12

6

6

6

17

3

0

0

4

0

0

2

20

0

8

17

9

11

4

9

4

2

1

6

0

0

1

18

0

19

10

7

15

6

20

8

3

0

14

0

0

1

343

44

89

72

92

121

1
0

.

8

.

9
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
5
0
/
8
7

 
 
 
 
 
 
Infringement  proceedings  classified  by  Member  State,  stage  reached  and  legal  basis

Table  2.2.

1993

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

1994

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

1995

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

1996

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

1997

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

B

DK

D

EL

E

F

IRL

I

L

NL

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

Art.  169
RO
REF

Art.  169
RO
REF

Art.  169
RO
REF

98
26
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
0

95
22
0

104
33
4

80
19
3

82
22
0

85
17
0

75
31
3

84
28
5

64
14
1

1
3
0

0
0
0

3
1
2

3
0
0

1
1
1

2
2
0

2
4
0

8
1
1

1
0
0

1
2
0

15
0
0

2
0
0

15
5
0

12
2
0

15
5
0

11
7
1

3
2
0

16
8
1

2
1
0

8
3
3

9
7
2

1
2
0

7
7
2

6
6
0

11
3
1

10
8
1

1
2
0

9
9
1

4
0
6

2
3
1

77
41
10

57
14
0

90
66
5

96
85
17

86
53
9

90
49
8

70
47
12

102
60
12

64
36
6

73
20
4

58
36
6

51
12
0

63
58
2

72
80
12

62
48
8

64
38
5

62
45
11

66
56
5

58
36
5

49
17
2

4
1
1

1
0
0

5
1
0

0
2
0

1
0
0

2
1
0

2
0
0

2
2
0

4
0
0

3
0
0

11
4
1

2
0
0

19
3
2

20
3
2

14
4
0

11
6
0

3
0
0

21
2
4

0
0
0

20
3
1

4
0
2

3
2
0

3
4
1

4
0
3

9
1
1

13
4
3

3
2
1

13
0
3

2
0
1

1
0
1

80
19
6

42
1
0

92
25
10

113
26
12

81
15
6

97
17
6

67
3
6

114
36
17

71
9
3

59
4
0

59
15
4

36
1
0

63
15
7

90
14
8

61
9
5

70
8
4

59
3
6

85
16
13

66
6
3

47
1
0

3
0
1

0
0
0

5
4
2

1
0
0

1
0
0

3
0
0

1
0
0

3
1
0

0
1
0

1
1
0

8
1
1

6
0
0

14
5
1

13
8
2

12
4
1

11
5
0

3
0
0

10
10
2

3
1
0

8
2
0

10
3
0

0
0
0

10
1
0

9
4
2

7
2
0

13
4
2

4
0
0

16
9
2

2
1
0

3
0
0

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

31
48
19

18
0
0

31
23
7

34
43
13

22
13
3

33
31
6

28
34
1

30
50
5

32
26
1

14
4
0

8
4
0

0
0
0

6
6
0

0
2
0

7
3
1

6
4
0

5
0
1

9
3
0

2
2
0

0
1
0

16
7
1

2
0
0

17
5
1

16
6
1

9
10
4

29
7
3

9
1
1

18
7
3

3
0
3

9
3
2

17
3
0

2
0
0

8
3
0

8
0
3

21
4
1

20
4
2

1
1
1

18
11
1

2
0
0

9
1
0

90
35
18

63
1
0

121
35
19

108
23
10

107
25
7

154
52
15

83
15
6

122
35
20

75
16
8

55
11
3

65
15
11

52
0
0

70
23
12

86
14
8

67
10
2

72
15
9

67
9
5

64
18
14

64
10
7

34
3
1

8
2
2

6
0
0

12
4
2

3
0
1

11
3
0

7
5
1

4
3
0

11
3
1

5
3
0

5
1
0

7
5
3

2
1
0

27
5
4

7
5
1

13
8
3

44
18
4

11
3
1

24
5
5

5
2
0

9
5
2

10
13
2

3
0
0

12
3
1

12
4
0

16
4
2

31
14
1

1
0
0

23
9
0

1
1
1

7
2
0

C

2
5
0
/
8
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1
0

.

8

.

9
8

 
 
 
 
 
 
1993

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

1994

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

1995

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

1996

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

1997

Directives

Total

No
notif.

Impl.
prob.

Appl.
prob.

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

Treaties
Regu(cid:220)
lations
De(cid:220)
cisions

A

P

FIN

S

UK

Total

Art.  169
RO
REF

Art.  169
RO
REF

Art.  169
RO
REF

Art.  169
RO
REF

Art.  169
RO
REF

Art.  169
RO
REF

0
0
0

0
0
0

125
40
0

100
35
0

0
0
0

0
0
0

98
15
0

1(cid:216)209
352
44

0
0
0

0
0
0

82
6
0

987
244
21

0
0
0

8
1
0

0
0
0

0
0
0

2
3
0

0
0
0

14
2
0

0
0
0

0
0
0

8
3
0

0
0
0

3
2
0

0
0
0

0
0
0

6
3
0

32
18
4

121
38
5

69
52
14

0
0
0

96
54
5

0
0
0

0
0
0

0
0
0

70
49
5

0
0
0

0
0
0

73
21
1

974
546
89

57
21
0

732
496
61

0
0
0

5
1
0

0
0
0

0
0
0

3
0
1

32
8
2

0
0
0

12
3
0

0
0
0

0
0
0

10
0
0

143
28
10

0
0
0

9
1
0

0
0
0

0
0
0

3
0
0

4
0
0

115
22
4

2
0
0

2
0
0

77
15
2

67
14
16

1(cid:216)016
192
72

0
0
0

98
15
4

0
0
0

0
0
0

65
11
2

799
114
56

0
0
0

4
1
0

0
0
0

0
0
0

1
0
0

2
0
0

9
4
0

1
0
0

1
0
0

4
2
0

2
0
0

4
2
0

1
0
0

1
0
0

7
2
0

132
2
1

54
49
6

290
0
0

69
0
0

47
14
1

123
0
0

34
37
5

284
0
0

61
0
0

26
11
0

0
1
0

5
8
1

0
0
0

1
0
0

3
1
1

23
8
3

105
42
7

89
28
6

1(cid:216)142
435
92

801
320
60

52
35
4

9
1
1

12
4
0

5
0
0

4
0
0

16
1
0

174
52
20

0
0
0

3
0
0

1
0
0

3
0
0

2
1
0

93
38
0

117
35
14

72
8
0

80
6
0

96
8
1

68
33
0

83
18
7

63
8
0

57
6
0

64
1
0

5
0
0

8
6
5

2
0
0

8
0
0

9
2
0

11
4
0

19
5
2

4
0
0

10
0
0

18
5
1

9
1
0

7
6
0

3
0
0

5
0
0

5
0
0

115
28
8

1(cid:216)436
343
121

976
183
76

104
32
12

211
71
26

145
57
7

1
0

.

8

.

9
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
5
0
/
8
9

 
 
 
 
 
 
Table  2.3.

Established  infringements  -  Trend  by  Member  State  and  year  case  commenced

-  1993  -

Cases

Term.  after
Art.  169
letter

In  motion
after
Art.  169
letter

Reasoned
opinions

Terminated
after  R.O.

In  motion
after  R.O.

Referrals

In  motion
after
referrals

With(cid:220)
drawn

Judgments

For
Commission

For
Member
States

Total

1(cid:216)209

785

15

400

271

128

107

13

54

43

40

B

DK

D

EL

E

F

IRL

I

L

NL

P

UK

98

66

120

125

107

105

91

108

91

75

125

98

64

61

74

58

69

65

58

57

64

59

78

78

4

0

2

1

2

0

0

3

0

1

1

1

30

5

43

65

35

39

32

46

26

14

47

18

17

5

28

47

20

22

22

30

23

13

32

12

13

0

15

18

15

16

10

16

3

1

15

6

13

0

13

15

12

11

8

14

3

1

15

2

0

0

3

2

0

2

0

2

0

0

4

0

5

0

7

7

4

4

4

6

3

1

11

2

8

0

3

6

10

6

4

6

0

0

0

0

8

0

3

6

8

5

4

6

0

0

0

0

3

0

0

0

0

2

1

0

0

0

0

0

0

C

2
5
0
/
9
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1
0

.

8

.

9
8

 
 
 
 
 
 
Table  2.4.

Established  infringements  -  Trend  by  Member  State  and  year  case  commenced

-  1994  -

Cases

Term.  after
Art.  169
letter

In  motion
after
Art.  169
letter

Reasoned
opinions

Terminated
after  R.O.

In  motion
after  R.O.

Referrals

In  motion
after
referrals

With(cid:220)
drawn

Judgments

For
Commission

For
Member
States

Total

974

579

39

355

207

145

107

27

49

32

31

B

DK

D

EL

E

F

IRL

I

L

NL

P

UK

77

57

90

96

86

90

70

102

64

73

96

73

32

52

40

46

46

59

48

47

42

63

55

49

6

0

6

3

5

4

1

4

3

1

3

3

40

5

44

45

34

28

20

52

19

10

38

20

23

5

22

29

26

8

12

24

14

6

22

16

17

0

22

16

8

19

18

28

5

4

16

2

16

0

17

12

3

11

8

25

5

1

9

0

6

0

8

0

1

2

1

3

3

1

2

0

6

0

2

9

1

6

7

9

2

0

7

0

4

0

7

3

1

3

0

4

0

7

3

1

3

0

14

13

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

1

0

0

0

0

1
0

.

8

.

9
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
5
0
/
9
1

 
 
 
 
 
 
Table  2.5.

Established  infringements  -  Trend  by  Member  State  and  year  case  commenced

-  1995  -

Cases

Term.  after
Art.  169
letter

In  motion
after
Art.  169
letter

Reasoned
opinions

Terminated
after  R.O.

In  motion
after  R.O.

Referrals

In  motion
after
referrals

With(cid:220)
drawn

Judgments

For
Commission

For
Member
States

Total

1(cid:216)016

637

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

80

42

92

113

81

97

67

114

71

59

4

115

2

2

77

41

38

51

62

58

54

42

56

43

47

1

71

1

1

71

80

12

1

15

5

5

13

4

4

2

6

1

6

1

1

5

327

163

164

35

2

34

41

16

39

20

59

22

8

2

39

0

0

10

15

1

14

24

7

14

8

33

12

6

0

21

0

0

8

20

1

20

17

9

25

12

26

10

2

2

18

0

0

2

79

11

0

12

6

4

13

5

17

7

1

3

0

0

0

0

54

7

0

10

3

4

9

3

10

5

0

1

2

0

0

0

18

1

0

2

3

0

3

2

4

2

0

1

0

0

0

0

8

3

0

0

0

0

1

0

4

0

0

0

0

0

0

0

7

3

0

0

0

0

1

0

3

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

C

2
5
0
/
9
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1
0

.

8

.

9
8

 
 
 
 
 
 
Table  2.6.

Established  infringements  -  Trend  by  Member  State  and  year  case  commenced

-  1996  -

Cases

Term.  after
Art.  169
letter

In  motion
after
Art.  169
letter

Reasoned
opinions

Terminated
after  R.O.

In  motion
after  R.O.

Referrals

In  motion
after
referrals

With(cid:220)
drawn

Judgments

For
Commission

For
Member
States

Total

1(cid:216)142

739

197

217

65

150

13

12

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

72

22

62

58

59

88

43

75

39

32

132

54

290

69

47

24

21

28

35

25

27

23

35

23

14

95

30

271

59

29

24

1

21

12

19

29

7

26

5

10

9

9

9

4

12

24

0

16

14

13

33

12

20

11

8

34

13

8

6

5

9

0

3

8

1

9

5

4

7

0

8

5

3

1

2

15

0

13

6

12

23

6

16

4

8

26

8

5

5

3

4

0

0

1

0

1

2

3

0

1

0

1

0

0

0

4

0

0

1

0

1

2

3

0

1

0

0

0

0

0

1

0

0

0

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

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

1
0

.

8

.

9
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
5
0
/
9
3

 
 
 
 
 
 
Table  2.7.

Established  infringements  -  Trend  by  Member  State  and  year  case  commenced

-  1997  -

Cases

Term.  after
Art.  169
letter

In  motion
after
Art.  169
letter

Reasoned
opinions

Terminated
after  R.O.

In  motion
after  R.O.

Referrals

In  motion
after
referrals

With(cid:220)
drawn

Judgments

For
Commission

For
Member
States

Total

1(cid:216)436

476

937

53

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

90

63

121

108

107

154

83

122

75

55

93

117

78

74

96

17

32

27

39

38

30

35

27

27

22

43

37

37

34

31

68

31

91

64

62

119

46

91

43

44

63

72

41

40

62

9

0

4

4

5

6

4

3

5

1

3

7

0

0

2

8

2

0

0

1

2

0

0

0

0

0

2

1

0

0

0

45

7

0

4

3

3

6

4

3

5

1

1

6

0

0

2

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

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

0

0

0

0

0

0

0

0

0

0

0

0

C

2
5
0
/
9
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1
0

.

8

.

9
8

 
 
 
 
 
 
10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/95

ANNEX  III

INFRINGEMENTS  OF  TREATIES,  REGULATIONS  AND  DECISIONS

Economic  and  financial  affairs

Competition

BELGIUM

Number:
Legal  base:
Title:

Dd.  ro:

GREECE

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

FRANCE

Number:
Legal  base:
Title:

Dd.  ro:

PORTUGAL

Number:
Legal  base:
Title:

Dd.  ro:

Industry

ITALY

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  term:

94/5075
157E073
Free  movement  of  capital  -  subscription
to  a  loan  denominated  in  DEM
Date  reasoned  opinion  sent:  97/04/16

94/2211
157E073
Restrictions  concerning 
physical  transfer  of  funds  abroad
Date  reasoned  opinion  sent:  97/04/14
97/12/10:  termination  decision

investments  and

94/2190
157E052;  157E059
Admission  of 
market
Date  reasoned  opinion  sent:  97/04/14

securities 

to 

the  capital

1/2097
57E052;  157E058;  157E221
Discrimination 
investment  in  privatised  companies
Date  reasoned  opinion  sent:  95/05/29

concerning 

foreign

94/7013
157E003
Imports  of  television  sets
Date  reasoned  opinion  sent:  97/01/30
97/07/23:  termination  decision

BELGIUM

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

SPAIN

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

FRANCE

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

ITALY

Number:
Legal  base:
Title:

89/0030
157E171;  384D0508
Aid  for  Idealspun/Beaulieu
Date  reasoned  opinion  sent:  89/08/30
Date  of  referral:  89/12/18
C(cid:220)89/375
Date  of  judgment:  91/02/19
Commission

95/2313
157E086;  157E090;  157E169
Landing  charges  at  Brussels  National
Airport
Date  reasoned  opinion  sent:  96/12/10
Date  of  referral:  97/04/23
C(cid:220)97/155

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(cid:220)94/160
Date  of  judgment:  97/10/23
Member  State

91/0751
157E037;  157E030;  157E034
Exclusive  rights  in  respect  of  gas  and  elec(cid:220)
tricity
Date  reasoned  opinion  sent:  92/11/26
Date  of  referral:  94/06/14
C(cid:220)94/159
Date  of  judgment:  97/10/23
Member  State

91/0757
157E030;  157E034;  157E037
Exclusive  rights  in  respect  of  electricity

C  250/96

EN

Official  Journal  of  the  European  Communities

10.8.98

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:

Date  reasoned  opinion  sent:  92/11/26
Date  of  referral:  94/06/15
C(cid:220)94/158
Date  of  judgment:  97/10/23
Member  State

93/2181
157E003;  157E005;  157E085
Customs  forwarding  agents
Date  reasoned  opinion  sent:  95/06/21
Date  of  referral:  96/02/09
C(cid:220)96/035

NETHERLANDS

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

91/0759
157E030;  157E037
Exclusive  rights  in  respect  of  electricity
Date  reasoned  opinion  sent:  92/11/26
Date  of  referral:  94/06/13
C(cid:220)94/157
Date  of  judgment:  97/10/23
Member  State

Employment  and  social  policy

BELGIUM

Number:
Legal  base:

Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:

88/0364
157E048; 
371R1408;
368R1612; 
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(cid:220)90/326
Date  of  judgment:  92/11/10
Commission
Date  Art.  171  letter  sent:  95/07/03
97/06/26:  termination  decision

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(cid:220)93/047
Date  of  judgment:  94/05/03

Ju.  for:
Dd.  171:
Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  term:

Number:
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Title:

Dd.  ro:
Dd.  term:

Number:
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Title:

Dd.  ro:

Number:
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Title:

Dd.  ro:

Number:
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Title:

Dd.  ro:

Commission
Date  Art.  171  letter  sent:  95/10/03
90/0404
157E007;  157E048;  157E052;  368R1612
Discrimination  regarding  study  grants  for
workers
Date  reasoned  opinion  sent:  93/05/17
97/06/26:  termination  decision

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(cid:220)94/173
Date  of  judgment:  96/07/02
Commission
97/12/10:  termination  decision

91/2017
157E045;  368R1612
Equal  treatment  in  access  to  employment
-  discrimination  against  children  of
migrant  workers
Date  reasoned  opinion  sent:  93/08/13
Date  of  referral:  94/10/13
C(cid:220)94/278
Date  of  judgment:  96/09/12
Commission
97/06/26:  termination  decision

95/4519
157E051;  371R1408
Posted  workers  -  obstacles  to  freedom  to
provide  services
Date  reasoned  opinion  sent:  96/09/30
97/06/26:  termination  decision

95/4831
157E051;  157E235;  371R1408
Social 
pensions
Date  reasoned  opinion  sent:  97/11/06

security 

charges 

on  Belgian

96/4041
371R1408
Medical  authorisation  for  a  stay  in  another
Member  State
Date  reasoned  opinion  sent:  97/08/07

96/4042
371R1408
Aggregation  of  pensions  where  one 
contributory
Date  reasoned  opinion  sent:  97/09/23

is

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/97

GREECE

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

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(cid:220)94/290
Date  of  judgment:  96/07/02
Commission

language

90/4816
157E048;  368R1612
Nationality  discrimination  - 
assistants
Date  reasoned  opinion  sent:  93/08/03
Date  of  referral:  94/04/27
C(cid:220)94/123
Date  of  judgment:  95/06/01
Commission
Date  Art.  171  letter  sent:  97/01/24

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(cid:220)94/290
Date  of  judgment:  96/07/02
Commission

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(cid:220)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(cid:220)94/290
Date  of  judgment:  96/07/02
Commission

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

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(cid:220)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(cid:220)94/290
Date  of  judgment:  96/07/02
Commission

91/0588
157E048;  368R1612
Access  to  employment  -  civilian  research
Date  reasoned  opinion  sent:  92/07/13
Date  of  referral:  94/10/26
C(cid:220)94/290
Date  of  judgment:  96/07/02
Commission

91/0589
157E048;  368R1612
Access  to  employment  -  posts,  telecom(cid:220)
munications  and  radio/television
Date  reasoned  opinion  sent:  92/07/13
Date  of  referral:  94/10/26
C(cid:220)94/290
Date  of  judgment:  96/07/02
Commission

91/4957
157E048
Period  worked  in  other  Member  States  -
calculation  of  seniority
Date  reasoned  opinion  sent:  95/05/18
Date  of  referral:  96/06/04
C(cid:220)96/187

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(cid:220)96/185

C  250/98

EN

Official  Journal  of  the  European  Communities

10.8.98

FRANCE

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
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Title:

Dd.  ro:

ITALY

Number:
Legal  base:
Title:

Dd.  ro:

93/4403
368R1612
Calculation  of  supplementary  retirement
pension  for  frontier  workers
Date  reasoned  opinion  sent:  95/07/28
Date  of  referral:  97/01/24
C(cid:220)97/035

93/4947
157E048;  157E051;  371R1408
Application  of  general  social 
contribution  to  frontier  workers
Date  reasoned  opinion  sent:  97/12/16

insurance

94/5152
157E0051
Calculation  of  unemployment  allowances
Date  reasoned  opinion  sent:  97/07/16

95/4801
371R1408
Social  security  -  failure  to  ensure  equal
treatment  in  international  agreements
Date  reasoned  opinion  sent:  97/10/17

96/4305
157E051;  371R1408
Residence  permit  and 
contributions
Date  reasoned  opinion  sent:  97/07/16

social 

security

96/4558
157E051;  371R1408
Social  contribution  to  reimbursement  of
social  debt  and  frontier  workers
Date  reasoned  opinion  sent:  97/07/23

96/2208
157E005;  157E048;  368R1612
Discrimination  against  readers  of  a  foreign
language
Date  reasoned  opinion  sent:  97/05/16

LUXEMBOURG

Number:
Legal  base:

89/0408
368R1612;  157E048

Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  term:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

of

taxation 

act  - 

Income 
tax 
non(cid:220)residents
Date  reasoned  opinion  sent:  92/02/04
Date  of  referral:  94/06/03
C(cid:220)94/151
Date  of  judgment:  95/10/26
Commission
97/12/10:  termination  decision

91/0222
157E048;  368R1612
Access  to  employment  -  surface  transport
Date  reasoned  opinion  sent:  92/07/14
Date  of  referral:  93/12/17
C(cid:220)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(cid:220)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(cid:220)93/473
Date  of  judgment:  96/07/02
Commission

91/0225
157E048;  368R1612
Access  to  employment  -  posts  and  tele(cid:220)
communications
Date  reasoned  opinion  sent:  92/07/14
Date  of  referral:  93/12/17
C(cid:220)93/473
Date  of  judgment:  96/07/02
Commission

91/0226
157E048;  368R1612
Access  to  employment  in  distribution  of
water,  gas  and  electricity
Date  reasoned  opinion  sent:  92/07/14
Date  of  referral:  93/12/17
C(cid:220)93/473
Date  of  judgment:  96/07/02
Commission

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/99

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

91/0228
368R1612;  157E048
Nationality  discrimination  -  access 
employment  in  public  hospitals
Date  reasoned  opinion  sent:  92/07/14
Date  of  referral:  93/12/17
C(cid:220)93/473
Date  of  judgment:  96/07/02
Commission

to

UNITED  KINGDOM

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  term:

Agriculture

GERMANY

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

GREECE

Number:
Legal  base:

Title:

Dd.  ro:
Dd.  ref:
Case:

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
97/06/26:  termination  decision

to 

imports  of  boars 

93/2097
157E030;  391L0497
Barriers 
Denmark
Date  reasoned  opinion  sent:  94/10/05
Date  of  referral:  96/03/27
C(cid:220)96/102

from

383R0020;

382R0019; 

85/0101
380R1837; 
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(cid:220)87/127

FRANCE

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:

ITALY

Number:
Legal  base:
Title:
Dd.  ro:

Dd.  ref:
Case:

92/4664
391R1697;  368R0804
Definitive 
production
Date  reasoned  opinion  sent:  95/01/19
97/12/10:  termination  decision

abandonment 

of 

milk

94/4466
157E030
Barriers  to  imports  of  Spanish  strawberries
Date  reasoned  opinion  sent:  95/05/05
Date  of  referral:  95/08/04
C(cid:220)95/265
Date  of  judgment:  97/12/09
Commission

95/4430
389R1576
Sale  of 
"whisky’
Date  reasoned  opinion  sent:  97/05/02

containing 

spirits 

the  word

91/4287
366R0136
Minimum  prices  for  virgin  olive  oil  cakes
Date  reasoned  opinion  sent:  93/10/05
Date  2nd  reasoned  opinion  sent:  95/03/24
Date  of  referral:  95/10/17
C(cid:220)95/327

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  withdr:

92/2141
390R1186
Classification  of  adult  bovine  carcasses
Date  reasoned  opinion  sent:  95/01/20
Date  of  referral:  95/10/17
C(cid:220)95/328
Withdrawal  decision:  97/05/05

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

94/4123
384R0857
Application  of  milk  quotas  -  problems  of
centralised  management
Date  reasoned  opinion  sent:  96/05/20
97/12/10:  termination  decision

C  250/100

EN

Official  Journal  of  the  European  Communities

10.8.98

Transport

BELGIUM

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

Number:
Legal  base:
Title:
Dd.  ro:

90/0354
157E007;  157E048;  157E052;  157E058
Merchant  vessels  -  flag  rights
Date  reasoned  opinion  sent:  93/06/04

91/0600
386R4055
Cargo(cid:220)sharing  arrangements 
Togo  agreement
Date  reasoned  opinion  sent:  93/10/11
Date  2nd  reasoned  opinion  sent:  96/01/26

in  BLEU(cid:220)

91/0601
386R4055
Cargo(cid:220)sharing  arrangements  in  agreement
with  Zaire
Date  reasoned  opinion  sent:  93/10/11
Date  2nd  reasoned  opinion  sent:  97/06/23

93/2101
386R4055
Cargo(cid:220)sharing 
non(cid:220)member  countries  in  sea  transport
Date  reasoned  opinion  sent:  95/12/21
Date  of  referral:  97/05/05
C(cid:220)97/176

agreements 

with

95/2161
386R4055
Agreements  with  MCWCS  states
Date  reasoned  opinion  sent:  97/06/16:
SG(97)  D/04503

Number:
Legal  base:
Title:

Dd.  ro:

96/2040
394R2978
Sea  transport  -  failure  to  notify  measures
implementing  Regulation  2978/94
Date  reasoned  opinion  sent:  97/02/07

GREECE

Number:
Legal  base:

Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

SPAIN

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

Number:
Legal  base:
Title:
Dd.  ro:

FRANCE

Number:
Legal  base:
Title:
Dd.  ro:

IRELAND

Number:
Legal  base:

Title:
Dd.  ro:

Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

ITALY

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(cid:220)96/062
Date  of  judgment:  97/11/27
Commission

91/0469
386R4055
Freedom 
transport  -  Spain  and  Gabon
Date  reasoned  opinion  sent:  94/01/19

to  provide 

services 

in 

sea

93/2100
386R4055
Cargo(cid:220)sharing 
agreements  with 
member  countries  in  sea  transport
Date  reasoned  opinion  sent:  95/12/06
Date  of  referral:  97/06/27
C(cid:220)97/238

non(cid:220)

95/2160
386R4055
Agreements  with  MCWCS  states
Date  reasoned  opinion  sent:  97/06/06

95/2198
392R3577
Maritime  cabotage
Date  reasoned  opinion  sent:  97/04/25

90/0357
157E007;  157E048;  157E052;  157E058;
157E005
Merchant  vessels  -  flag  rights
Date  reasoned  opinion  sent:  93/06/18
Date  2nd  reasoned  opinion  sent:  94/08/04
Date  of  referral:  96/05/06
C(cid:220)96/151
Date  of  judgment:  97/06/12
Commission

DENMARK

Number:
Legal  base:

Title:
Dd.  ro:
Dd.  term:

90/0355
157E007;  157E048;  157E052;  157E058;
157E221;  157E005
Merchant  vessels  -  flag  rights
Date  reasoned  opinion  sent:  94/02/21
97/06/26:  termination  decision

Number:
Legal  base:

Title:

91/2148
157E007;  157E048;  157E052;  157E058;
157E221
Merchant  vessels  -  flag  rights

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/101

Dd.  ro:

Date  reasoned  opinion  sent:  93/06/30
Date  2nd  reasoned  opinion  sent:  96/02/23

Title:
Dd.  ro:

Agreements  with  MCWCS  states
Date  reasoned  opinion  sent:  97/06/06

93/2105
386R4055
Cargo(cid:220)sharing 
agreements  with 
member  countries  in  sea  transport
Date  reasoned  opinion  sent:  95/12/21

non(cid:220)

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

96/2047
394R2978
Sea  transport  -  failure  to  notify  measures
implementing  Regulation  2978/94
Date  reasoned  opinion  sent:  97/02/
97/06/26:  termination  decision

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

LUXEMBOURG

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

Number:
Legal  base:
Title:
Dd.  ro:

NETHERLANDS

95/2165
386R4055
Agreements  with  MCWCS  states
Date  reasoned  opinion  sent:  97/10/31

95/2197
392R3577
Cabotage  maritime
Date  reasoned  opinion  sent:  97/03/11

93/2102
386R4055
Cargo(cid:220)sharing 
agreements  with 
member  countries  in  sea  transport
Date  reasoned  opinion  sent:  95/12/21
Date  of  referral:  97/05/05
C(cid:220)97/177

non(cid:220)

95/2162
386R4055
Agreements  with  MCWCS  states
Date  reasoned  opinion  sent:  97/07/29

Number:
Legal  base:

Title:
Dd.  ro:

90/0358
157E007;  157E048;  157E052;  157E058;
157E221;  157E005
Merchant  vessels  -  flag  rights
Date  reasoned  opinion  sent:  93/06/30

PORTUGAL

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

93/2103
386R4055
Cargo(cid:220)sharing 
agreements  with 
member  countries  in  sea  transport
Date  reasoned  opinion  sent:  95/12/06
97/12/10:  termination  decision

non(cid:220)

Number:
Legal  base:

95/2163
386R4055

Community  staff

BELGIUM

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  171  ro:

Dd.  ref  2:
Case  2:
Dd.  ju.  2:
Ju.  for  2:
Dd.  term:

GREECE

Number:
Legal  base:
Title:
Dd.  ro:

SPAIN

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:
Dd.  ro:

84/0303
157F/PRO/PRI;  157E171
Transfer  of  pension  rights
Date  reasoned  opinion  sent:  79/07/24
Date  of  referral:  80/06/09
C(cid:220)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  Art.  171  referral:  85/11/28
C(cid:220)85/383
Date  of  judgment:  171  89/10/03
Commission
97/06/26:  termination  decision

93/2139
368R0259
Transfers  to  community  pension  scheme
Date  reasoned  opinion  sent:  95/08/14

91/2315
157E005;  157E011
Transfer  of  pension  rights
Date  reasoned  opinion  sent:  93/12/13
Date  of  referral:  96/01/21
C(cid:220)96/052
Date  of  judgment:  97/07/17
Commission

93/2297
165FPRI;  165FPRO
Residence  permits
Date  reasoned  opinion  sent:  96/09/13

C  250/102

EN

Official  Journal  of  the  European  Communities

10.8.98

Fisheries

BELGIUM

Number:
Legal  base:

Title:
Dd.  ro:

DENMARK

Number:
Legal  base:

Title:
Dd.  ro:
Dd.  term:

Number:
Legal  base:
Title:
Dd.  ro:

GREECE

Number:
Legal  base:

Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

SPAIN

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

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
97/06/26:  termination  decision

90/0481
383R0170;  387R3977;  387R2241
Failure  to  inspect  -  overfishing  1988
Date  reasoned  opinion  sent:  92/10/28

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(cid:220)96/062
Date  of  judgment:  97/11/27
Commission

FRANCE

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  171  ro:

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

ITALY

Number:
Legal  base:

Title:
Dd.  ro:

compliance  with

84/0445
382R2057;  383R0171;  157E171
Failure 
to  monitor 
technical  conservation  measures
Date  reasoned  opinion  sent:  86/11/18
Date  of  referral:  88/02/29
C(cid:220)88/064
Date  of  judgment:  91/06/11
Commission
Date  Art.  171  letter  sent:  93/10/11
Date  Art.  171  reasoned  opinion  sent:
96/04/17

90/0418
387R3977;  383R0170;  387R2241
Failure  to  inspect  -  overfishing  1988
Date  reasoned  opinion  sent:  92/09/29

92/2258
383R0170;  387R2241;  389R4047
Failure  to  inspect
Date  reasoned  opinion  sent:  97/06/04

90/0332
157E007;  157E048;  157E052;  157E058;
157E221;  383R0170
Fishing  vessels  -  licensing  and  flag  rights
Date  reasoned  opinion  sent:  93/03/11:
Date  2nd  reasoned  opinion  sent:  96/02/23

UNITED  KINGDOM

88/0356
382R2057;  387R2241
Duty  to  cooperate  -  fisheries  inspection
and  monitoring
Date  reasoned  opinion  sent:  89/11/20

92/2256
383R0170;  387R2241;  389R4047
Failure  to  inspect
Date  reasoned  opinion  sent:  97/07/08

Number:
Legal  base:

Title:
Dd.  ro:

Number:
Legal  base:

Title:
Dd.  ro:

385R3732; 

87/0398
385R3721; 
382R2057
Overfishing  1985(cid:220)1986
Date  reasoned  opinion  sent:  89/02/09
Date  2nd  reasoned  opinion  sent:  92/10/01

383R0170;

91/0637
383R0170; 
388R4194
Failure  to  inspect  -  overfishing  1988
Date  reasoned  opinion  sent:  96/04/17

387R2241; 

387R3977;

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/103

Internal  market  and  financial  services

BELGIUM

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:

Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

82/0316
157E030
Refusal 
codeine
Date  reasoned  opinion  sent:  83/09/19

licences 

import 

issue 

to 

for

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(cid:220)92/080
Date  of  judgment:  94/03/24
Commission

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  term:

89/4822
157E030
Television  advertising
Date  reasoned  opinion  sent:  95/09/28
97/12/10:  termination  decision

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

93/4136
157E059
Aerial  photography  -  freedom  to  provide
services
Date  reasoned  opinion  sent:  97/06/19

94/4878
157E057
Law  on 
voluntary  organisations  -
requirement  to  have  at  least  one  Belgian
member
Date  reasoned  opinion  sent:  97/06/19

Number:
Legal  base:
Title:
Dd.  ro:

94/7018
157E228
Refusal  to  register  business
Date  reasoned  opinion  sent:  97/06/12

Number:
Legal  base:
Title:

Dd.  ro:

95/2105
157E048;  157E052;  157E059
Restrictions  in  the  field  of  private  security
firms
Date  reasoned  opinion  sent:  97/06/10

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

Number:
Legal  base:
Title:
Dd.  ro:

DENMARK

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  term:

GERMANY

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

95/2170
157E171
Flemish 
television  services
Date  reasoned  opinion  sent:  97/05/15
97/12/10:  termination  decision

community  decree  on 

cable

95/4631
157E030
Parallel  imports  of  pesticides
Date  reasoned  opinion  sent:  97/09/22

91/0782
157E005;  157E030;  157E036
Imports  of  enzymatic  preparations
Date  reasoned  opinion  sent:  93/07/12
97/06/26:  termination  decision

90/5361
157E067
Tax  discrimination  -  British  investment
trusts
Date  reasoned  opinion  sent:  96/08/06

91/4782
157E030
"Advocaat’  egg(cid:220)based  liqueur  -  obligation
to  specify  use  of  beta(cid:220)carotene  on  labels
Date  reasoned  opinion  sent:  96/07/10

92/4643
157E059
Requirement  to  set  up  branch  in  Germany
Date  reasoned  opinion  sent:  97/11/12

92/4835
157E005;  157E059
Tax  legislation  -  activity  of  tax  advisers
Date  reasoned  opinion  sent:  97/09/22

93/2223
157E030;  157E036
Contractual  obligation  favouring  suppliers
established  in  the  new  L…nder
Date  reasoned  opinion  sent:  97/07/07
97/12/10:  termination  decision

C  250/104

EN

Official  Journal  of  the  European  Communities

10.8.98

GREECE

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  ro  171:

84/0388
157E048;  157E052;  157E059
Ban  on  teaching
Date  reasoned  opinion  sent:  85/10/28
Date  of  referral:  86/06/13
C(cid:220)86/147
Date  of  judgment:  88/03/15
Commission

for  access 

requirement 

85/0264
157E052;  157E059
Nationality 
occupation  of  advocate
Date  reasoned  opinion  sent:  86/05/14
Date  of  referral:  87/02/05
C(cid:220)87/038
Date  of  judgment:  88/07/14
Commission

to

provide

to 

freedom 

87/0113
157E059;  157E171
Restrictions  on 
services  as  tourist  guides
Date  reasoned  opinion  sent:  88/04/20
Date  of  referral:  89/06/20
C(cid:220)89/198
Date  of  judgment:  91/02/26
Commission
Date  Art.  171  letter  sent:  92/05/18
97/06/26:  termination  decision

for 

opening

requirement 

89/0165
157E052;  157E059;  157E171
Nationality 
private  schools
Date  reasoned  opinion  sent:  90/01/22
Date  of  referral:  90/10/24
C(cid:220)90/328
Date  of  judgment:  92/01/30
Commission
Date  Art.  171  letter  sent:  96/04/03
Date  Art.  171  reasoned  opinion  sent:
97/09/17

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

SPAIN

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref.  Dec:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

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(cid:220)95/236
Date  of  judgment:  96/09/19
Commission
97/12/10:  termination  decision

92/2222
157E030
Storage  and  marketing  of  petroleum
products
Date  reasoned  opinion  sent:  97/06/17

94/5108
157E052;  157E059
Foreign  terms  in  names  of  private  schools
Date  reasoned  opinion  sent:  97/06/17

95/4580
157E030
Prices  of  medicinal  products
Date  reasoned  opinion  sent:  97/09/23

89/4709
157E030
Assay  marks  for  objects  in  precious  metals
Date  reasoned  opinion  sent:  96/06/14
97/06/26:  termination  decision

provide

to 

freedom 

90/0388
157E005;  157E048;  157E052;  157E059
Restrictions  on 
services  as  tourist  guides
Date  reasoned  opinion  sent:  91/10/14
Date  of  referral  decision:  92/06/10
Date  of  referral:  92/10/01
C(cid:220)92/375
Date  of  judgment:  94/03/22
Commission

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:

89/0354
157E030;  157E036
Sale  of  baby  foods  exclusively  through
pharmacists
Date  reasoned  opinion  sent:  91/10/28
Date  of  referral:  92/11/09
C(cid:220)92/391

Number:
Legal  base:
Title:
Dd.  ro:

92/4788
157E048;  157E052;  157E059
Airborne  advertising
Date  reasoned  opinion  sent:  96/01/31

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/105

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

FRANCE

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:

Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  171  ro:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  171  ro:

94/4103
157E048;  157E052;  157E059
Exercise  of  activities  in  security  services
Date  reasoned  opinion  sent:  96/06/11
Date  of  referral:  97/03/19
C(cid:220)97/114

95/4198
157E030;  157E036;  157E171
Vehicle  registration  -  roadworthiness  test
Date  reasoned  opinion  sent:  97/12/03

95/4849
157E030
Sale  of  tea  in  bulk
Date  reasoned  opinion  sent:  97/07/07

85/0269
157E030
Refusal 
codeine
Date  reasoned  opinion  sent:  87/11/12

licences 

import 

issue 

to 

for

157E171;

386D0283; 

85/0499
380D1186; 
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(cid:220)88/263
Date  of  judgment:  90/12/12
Commission
Date  Art.  171  letter  sent:  92/06/05
Date  Art.  171  reasoned  opinion  sent:
95/11/16

to 

provide

freedom 

86/0432
157E059;  157E171
Restrictions  on 
services  as  tourist  guides
Date  reasoned  opinion  sent:  88/05/02
Date  of  referral:  89/04/28
C(cid:220)89/154
Date  of  judgment:  91/02/26
Commission
Date  Art.  171  letter  sent:  92/05/18
Date  Art.  171  reasoned  opinion  sent:
95/11/28

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

89/0645
157E005;  157E048;  157E052;  157E059
Recognition  of  diplomas  -  psychiatric
nurse
Date  reasoned  opinion  sent:  96/09/24

91/0555
157E030
Requirement  of  a  hallmark  on  imported
objects  of  precious  metals
Date  reasoned  opinion  sent:  96/07/10

92/4438
157E030
Alcoholic  beverages  with  an  alcohol
content 
volume;
exceeding  25(cid:216)%  by 
contributions;  labelling
Date  reasoned  opinion  sent:  97/07/07

93/2098
157E052;  157E058
Discriminatory  taxation  of  stable  estab(cid:220)
lishments  in  France
Date  reasoned  opinion  sent:  97/06/19

93/2222
157E030;  157E036
Preparations  based  on  foie  gras
Date  reasoned  opinion  sent:  94/10/14
Date  of  referral:  96/05/31
C(cid:220)96/184

93/2261
157E030;  157E036
Barriers  to  imports  of  leavened  bread
Date  reasoned  opinion  sent:  94/10/19
97/12/10:  termination  decision

94/4855
157E059;  157E171
Distribution 
of 
imported  from  other  Member  States
Date  reasoned  opinion  sent:  96/11/21

alcoholic 

beverages

95/2175
157E030
Rubber  materials  and  objects  in  contact
with  foodstuffs
Date  reasoned  opinion  sent:  97/12/03:
SG(97)  D/10079

C  250/106

EN

Official  Journal  of  the  European  Communities

10.8.98

IRELAND

Number:
Legal  base:
Title:
Dd.  ro:

89/0335
157E030
Tobacco  price  rules
Date  reasoned  opinion  sent:  90/07/12

Number:
Legal  base:
Title:

Dd.  ro:

91/2236
157E059;  157E73
Restrictions  on  transfers  -  remuneration
of  services  of  intermediaries
Date  reasoned  opinion  sent:  97/05/05

Number:
Legal  base:
Title:
Dd.  ro:

92/2085
157E030
Imported  objects  of  precious  metals
Date  reasoned  opinion  sent:  96/11/11

ITALY

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:

provide

to 

freedom 

87/0071
157E059;  157E171
Restrictions  on 
services  as  tourist  guides
Date  reasoned  opinion  sent:  88/04/20
Date  of  referral:  89/05/25
C(cid:220)89/180
Date  of  judgment:  91/02/26
Commission
Date  Art.  171  letter  sent:  95/07/05

Number:
Legal  base:
Title:
Dd.  ro:

91/4303
157E030
Supplies  of  equipment
Date  reasoned  opinion  sent:  93/06/18
Date  2nd  reasoned  opinion  sent:  96/07/02

Number:
Legal  base:
Title:
Dd.  ro:

92/2116
157E030
Imported  objects  of  precious  metals
Date  reasoned  opinion  sent:  96/03/08

Number:
Legal  base:
Title:

Dd.  ro:

93/2300
157E006;  157E052;  157E059
Restrictions  on  exercise  of  activity  of  road
traffic  consultants
Date  reasoned  opinion  sent:  97/07/14

Number:
Legal  base:
Title:
Dd.  ro:

90/0397
157E030
Marketing  of  wholemeal  bread
Date  reasoned  opinion  sent:  91/03/18

Number:
Legal  base:
Title:

Dd.  ro:

93/4698
157E030;  157E036
Barriers  to  marketing  of  dietary  products
for  sportsmen
Date  reasoned  opinion  sent:  96/09/04

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  term:

intermediazione

services  - 

91/0835
157E052;  157E059
Financial 
mobiliare
Date  reasoned  opinion  sent:  92/10/19
Date  of  referral:  94/03/23
C(cid:220)94/101
Date  of  judgment:  96/06/06
Commission
97/12/10:  termination  decision

Number:
Legal  base:
Title:

Dd.  ro:

94/2146
157E059
Legislative  barriers  to  freedom  to  provide
cleaning  services
Date  reasoned  opinion  sent:  96/03/12

Number:
Legal  base:
Title:

Dd.  ro:

94/4523
157E059
Bridge  over  Messina  Strait  -  contract
awarded  to  an  Italian  public  enterprise
Date  reasoned  opinion  sent:  97/10/24

Number:
Legal  base:
Title:
Dd.  ro:

Dd.  term:

91/2159
157E030
Subsidies  for  scheduled  bus  services
Date  reasoned  opinion  sent:  93/10/18
Date  2nd  reasoned  opinion  sent:  95/10/04
97/03/19:  termination  decision

Number:
Legal  base:
Title:
Dd.  ro:

94/4883
157E030;  157E036
Barriers  to  import  of  non(cid:220)alcoholic  drinks
Date  reasoned  opinion  sent:  97/09/23

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/107

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  term:

95/2028
157E059
Mortgage  registration  charges
Date  reasoned  opinion  sent:  96/06/26
97/06/26:  termination  decision

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

Number:
Legal  base:
Title:
Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:

91/2314
157E052;  157E221
Pursuit  of  activities 
casting
Date  reasoned  opinion  sent:  94/07/14
97/12/10:  termination  decision

in  television  broad(cid:220)

92/2082
157E030
Imported  objects  of  precious  metals
Date  reasoned  opinion  sent:  97/02/24

93/5030
157E048;  157E052;  157E059
Exercise  of  activities  in  security  services
Date  reasoned  opinion  sent:  97/06/19

UNITED  KINGDOM

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Budgets

GERMANY

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:

82/0320
157E030
Refusal 
codeine
Date  reasoned  opinion  sent:  83/09/06

licences 

import 

issue 

to 

for

89/0034
157E030
Patent  licences
Date  reasoned  opinion  sent:  89/08/28
Date  of  referral:  90/01/31
C(cid:220)90/030
Date  of  judgment:  92/02/18
Commission

95/2126
390R2252
Dutch  butter
Date  reasoned  opinion  sent:  96/10/30
Date  of  referral:  97/10/07
C(cid:220)97/348

Customs  and  indirect  taxation

89/0106
157E048;  157E052
Refusal  of  permission  to  open  a  second
dental  surgery
Date  reasoned  opinion  sent:  89/11/21
Date  of  referral:  90/11/29
C(cid:220)90/351
Date  of  judgment:  92/06/16
Commission
Date  Art.  171  letter  sent:  93/07/27
Date  Art.  171  reasoned  opinion  sent:
96/06/11
97/06/26:  termination  decision

94/4075
157E030;  157E036
import
authorisation 
Refusal 
foodstuffs  enriched  with  vitamins  and  iron
Date  reasoned  opinion  sent:  97/09/23

of 

to 

94/5125
157E030;  157E036
Barriers  to  import  of  foodstuffs  containing
vitamins
Date  reasoned  opinion  sent:  97/09/23

95/2153
157E30;  157E37
Tobacco  manufacturing  monopoly
Date  reasoned  opinion  sent:  97/05/21

LUXEMBOURG

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  171  ro:

Dd.  term:

NETHERLANDS

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:

AUSTRIA

Number:
Legal  base:
Title:
Dd.  ro:

PORTUGAL

Number:
Legal  base:
Title:

Dd.  ro:

91/0237
157E048;  157E052;  157E059
Freedom  to  provide  services  as  tourist
guides
Date  reasoned  opinion  sent:  97/08/07

BELGIUM

Number:
Legal  base:
Title:

Dd.  ro:

84/0342
157E009;  157E028;  368R0950
Duty(cid:220)free 
equipment
Date  reasoned  opinion  sent:  85/07/25

imports 

of 

non(cid:220)military

C  250/108

EN

Official  Journal  of  the  European  Communities

10.8.98

DENMARK

Number:
Legal  base:
Title:

Dd.  ro:

GERMANY

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

GREECE

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:
Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

SPAIN

Number:
Legal  base:
Title:

Dd.  ro:

FRANCE

Number:
Legal  base:
Title:
Dd.  ro:

84/0343
157E009;  157E028;  368R0950
Duty(cid:220)free 
equipment
Date  reasoned  opinion  sent:  85/07/25

imports 

of 

non(cid:220)military

91/0559
385R1999;  386R3677
Inward  processing
Date  reasoned  opinion  sent:  93/02/03
Date  of  referral:  94/02/14
C(cid:220)94/0761
Date  of  judgment:  96/09/10
Commission

86/0126
157E009;  157E028;  368R0950
Duty(cid:220)free 
equipment
Date  reasoned  opinion  sent:  90/05/02

imports 

of 

non(cid:220)military

91/0779
157E095
Taxes  on  second(cid:220)hand  cars
Date  reasoned  opinion  sent:  93/09/07
Date  of  referral:  95/12/01
C(cid:220)95/375
Date  of  judgment:  97/10/22
Commission

90/0078
387R2658;  157E028
Duty(cid:220)free 
imports 
equipment
Date  reasoned  opinion  sent:  92/12/31

of 

non(cid:220)military

92/5125
157E095
Discriminatory  taxation  of  vehicles
Date  reasoned  opinion  sent:  97/12/22:
SG(97)  D/10946

Number:
Legal  base:

95/2238
392R2913

Title:
Dd.  ro:

ITALY

Number:
Legal  base:
Title:

Dd.  ro:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:

Number:
Legal  base:

Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  term:

Number:
Legal  base:
Title:

Dd.  ro:

LUXEMBOURG

Number:
Legal  base:
Title:

Dd.  ro:

Customs  representation
Date  reasoned  opinion  sent:  97/12/03

84/0345
157E009;  157E028;  368R0950
Duty(cid:220)free 
equipment
Date  reasoned  opinion  sent:  85/07/25

imports 

of 

non(cid:220)military

telegram 

87/0158
157E009;  157E012
Veterinary 
services’ 
invoiced  to  importers  of  live  animals
Date  reasoned  opinion  sent:  87/10/14
Date  of  referral:  89/04/21
C(cid:220)89/137
Date  of  judgment:  90/03/14
Commission

charges

of 

customs

charges 

90/0253
157E007;  157E030;  157E034;  157E059;
385R3632;  377R0222
and 
Monopoly 
forwarding  agents
Date  reasoned  opinion  sent:  91/04/16
Date  of  referral:  92/04/14
C(cid:220)92/119
Date  of  judgment:  94/02/09
Commission
Date  2nd  Art.  171  letter  sent:  95/11/16
97/06/26:  termination  decision

94/4232
157E095
Recycling  tax  on  polyethylene  -  plastic
pellets
Date  reasoned  opinion  sent:  96/07/10
97/07/23:  termination  decision

95/2166
682J0199;  694J0125
TEE  -  repayment  of 
charged  - 
restrictions 
national  law
Date  reasoned  opinion  sent:  97/09/17

imposed 

taxes  wrongly
by

84/0346
157E009;  157E028;  368R0950
Duty(cid:220)free 
equipment
Date  reasoned  opinion  sent:  85/07/25

imports 

of 

non(cid:220)military

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/109

NETHERLANDS

Number:
Legal  base:
Title:

Dd.  ro:

PORTUGAL

Number:
Legal  base:
Title:

Dd.  ro:

84/0347
157E009;  157E028;  368R0950
Duty(cid:220)free 
equipment
Date  reasoned  opinion  sent:  85/07/25

imports 

of 

non(cid:220)military

Dd.  ro:
Number:
Legal  base:
Title:

Dd.  ro:

Date  reasoned  opinion  sent:  85/06/06
84/0344
157E009;  157E028;  368R0950
Duty(cid:220)free 
equipment
Date  reasoned  opinion  sent:  85/07/25

imports 

of 

non(cid:220)military

90/0079
387R2658;  157E028
Duty(cid:220)free 
imports 
equipment
Date  reasoned  opinion  sent:  93/01/20

of 

non(cid:220)military

UNITED  KINGDOM

Number:
Legal  base:
Title:

84/0126
377R1535
Civil  aircraft 
subsequently  used  as  military  aircraft

imported  duty(cid:220)free  and

Enterprise  policy,  commerce,  tourism  and  cooperatives

SPAIN

Number:
Legal  base:
Title:

Dd.  ro:
Dd.  ref:
Case:
Dd.  ju.:
Ju.  for:
Dd.  171:
Dd.  term:

admission

in  museum 

87/0352
157E059;  157E048;  157E052;  157E007
Discrimination 
charges
Date  reasoned  opinion  sent:  88/07/08
Date  of  referral:  93/02/16
C(cid:220)93/045
Date  of  judgment:  94/03/15
Commission
Date  Art.  171  letter  sent:  96/11/26
97/12/10:  termination  decision

C  250/110

EN

Official  Journal  of  the  European  Communities

10.8.98

ANNEX  IV

REPORT  ON  THE  APPLICATION  OF  DIRECTIVES

NB:  This  annex  includes  all  directives  where  no  measures  have  been  notified  or  which  have  not  been
properly  implemented  or  applied  during  1997,  and  gives  the  state  of  infringement  proceedings  started  by
the  Commission  against  Member  States  at  31  December  1997.

"Failure  to  notify  measures’  includes  both  a  complete  absence  of  any  notification  of  national  implementing
measures  and  cases  of  incomplete  notification  of  such  measures.

Contents

1.(cid:217)AN  AREA  WITHOUT  INTERNAL  FRONTIERS(cid:217).............................................................................

-(cid:217)Removal  of  technical  barriers ..............................................................................................................

Technical  standards(cid:217) ..............................................................................................................................

Foodstuffs(cid:217)...............................................................................................................................................

Pharmaceutical  products(cid:217) ......................................................................................................................

Chemicals(cid:217) ...............................................................................................................................................

Motor  vehicles,  tractors  and  motorcycles(cid:217)..........................................................................................

Construction  products(cid:217) ......................................................................................................... .................

Machinery(cid:217) ..............................................................................................................................................

Cosmetics(cid:217) ...............................................................................................................................................

Textiles(cid:217) ...................................................................................................................................................

Free  movement  -  special  arrangements(cid:217).......................................................................................... ..

Liability  for  defective  products(cid:217)............................................................................................................

-(cid:217)Persons ....................................................................................................................................................

Right  of  residence(cid:217) .................................................................................................................................

Right  to  vote  and  stand  in  elections(cid:217) .......................................................................................... .........

Recognition  of  qualifications(cid:217)...............................................................................................................

Independent  commercial  agents(cid:217) ..........................................................................................................

- Services

............................................................................................................................... ....................

Audiovisual  media(cid:217) .................................................................................................................................

Telecommunications(cid:217) .............................................................................................................................

Financial  services(cid:217) ...................................................................................................................................

- Company  law .........................................................................................................................................

- Intellectual  and  industrial  property .....................................................................................................

- Public  procurement

...............................................................................................................................

- Removal  of  tax  barriers ........................................................................................................................

Direct  taxation(cid:217).......................................................................................................................................

Indirect  taxation(cid:217) ....................................................................................................................................

Page

111

111

111

111

117

117

119

121

121

123

125

125

125

125

125

125

126

127

128

128

128

129

131

133

133

135

135

135

2.(cid:217)CONSUMER  PROTECTION  AND  PRODUCT  SAFETY(cid:217) ..............................................................

137

3.(cid:217)COMPETITION(cid:217) ........................................................................................................................................

138

4.(cid:217)SOCIAL  AFFAIRS  AND  EMPLOYMENT(cid:217)...........................................................................................

138

5.(cid:217)AGRICULTURE(cid:217) ........................................................................................................................................

143

6.(cid:217)ENVIRONMENT(cid:217)......................................................................................................................................

172

7.(cid:217)TRANSPORT(cid:217) .............................................................................................................................................

181

8.(cid:217)ENERGY(cid:217) .....................................................................................................................................................

186

9.(cid:217)STATISTICS(cid:217) ...............................................................................................................................................

187

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/111

1.(cid:217)AN  AREA  WITHOUT  INTERNAL  FRONTIERS

Italy

-(cid:217)97/0016,  not  properly  applied, 

reasoned

-(cid:217)Removal  of  technical  barriers

Technical  standards

83/0189
Technical  standards  (amended  by  Directives  88/0182  and
94/0010)
Member  States  which  have  notified  implementing  measures:  all
reasoned
Belgium

-(cid:217)95/0211,  not  properly  applied, 
opinion  in  1995,  referral  (suspended)

Belgium

-(cid:217)95/0650,  not  properly  applied, 

reasoned

opinion  (suspended)

Belgium

-(cid:217)96/0224,  not  properly  applied, 

reasoned

opinion  in  1997

Germany

-(cid:217)92/0956,  not  properly  applied, 

reasoned

opinion  in  1995

Germany

-(cid:217)95/0225,  not  properly  applied, 

reasoned

opinion  (suspended)

opinion  in  1997

Netherlands -(cid:217)89/0549,  not  properly  applied,  referral 

in

1993  (Case  C(cid:220)93/061),  judgment  in  1994

Netherlands -(cid:217)94/0461,  not  properly  applied, 
opinion  in  1995

reasoned

Netherlands -(cid:217)95/0665,  not  properly  applied, 
opinion  (suspended)

reasoned

88/0182  (DG6)
Technical  standards  (amending  Directive  83/0189)
Member  States  which  have  notified  implementing  measures:  all
in
Italy

-(cid:217)91/0565,  not  properly  applied,  referral 

1994  (Case  C(cid:220)94/289)

Italy

-(cid:217)92/0646,  not  properly  applied, 

reasoned

opinion  in  1993

Netherlands -(cid:217)91/0747,  not  properly  applied,  referral 

in

1993  (Case  C(cid:220)93/052),  judgment  in  1994

Netherlands -(cid:217)91/2328,  not  properly  applied,  referral 

in

1994  (Case  C(cid:220)94/273)

Italy

-(cid:217)93/0614,  not  properly  applied,  referral 

in

Germany

-(cid:217)95/0666,  not  properly  applied, 

reasoned

1995  (Case  C(cid:220)95/289)

opinion  in  1997

Germany

-(cid:217)96/1136,  not  properly  applied, 

reasoned

opinion  in  1997

Germany

-(cid:217)97/0005,  not  properly  applied, 

reasoned

opinion  in  1997

France

-(cid:217)96/0554,  not  properly  applied, 

reasoned

opinion  in  1997

France

-(cid:217)97/0193,  not  properly  applied, 

reasoned

opinion  in  1997

France

-(cid:217)97/0194,  not  properly  applied, 

reasoned

opinion  in  1997

Greece

-(cid:217)93/0508,  not  properly  applied, 

reasoned

opinion  in  1995

Greece

-(cid:217)96/0681,  not  properly  applied, 

reasoned

opinion  in  1997  (suspended)

Greece

-(cid:217)96/0697,  not  properly  applied, 

reasoned

opinion  in  1997  (suspended)

Greece

-(cid:217)97/0032,  not  properly  applied, 

reasoned

opinion  in  1997

Ireland

-(cid:217)97/0007,  not  properly  applied, 

reasoned

opinion  in  1997  (suspended)

Italy

-(cid:217)92/0958,  not  properly  applied, 

reasoned
(Case

in  1994 

opinion 
in  1993,  referral 
C(cid:220)94/279),  judgment  in  1997

Italy

Italy

Italy

Italy

-(cid:217)94/0329,  not  properly  applied, 

reasoned

opinion  (suspended)

-(cid:217)94/0330,  not  properly  applied, 
opinion  in  1995,  referral  (suspended)

reasoned

-(cid:217)96/0552,  not  properly  applied, 

reasoned

opinion  (suspended)

-(cid:217)97/0006,  not  properly  applied, 

reasoned

opinion  (suspended)

Netherlands -(cid:217)93/2267,  not  properly  applied, 
opinion  in  1994

reasoned

Foodstuffs

74/0409
Honey
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)91/42435,  not  properly  implemented,  referral
Italy

decided  in  June  1997

79/0112
Labelling  of  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/4345,  not  properly  applied,  Art.  169  letter
Greece
in  1995,  supplementary  Art.  169  letter  decided
in  1997

83/0417
Caseins  and  caseinates
Member  States  which  have  notified  implementing  measures:  all
reasoned
Netherlands -(cid:217)95/2309,  not  properly  applied, 

opinion  decided  in  1997

86/0424
Caseins
Member  States  which  have  notified  implementing  measures:  all
Netherlands -(cid:217)95/2309,  not  properly  applied,  Art.  169  letter

to  be  sent

C  250/112

EN

Official  Journal  of  the  European  Communities

10.8.98

89/0107
Additives  in  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
Netherlands -(cid:217)93/2274,  not  properly  applied

France

Italy

-(cid:217)96/0088,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)96/0126,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

90/0612
Foodstuffs  for  human  consumption  -  additives
Member  States  which  have  notified  implementing  measures:  all
except  S

Luxembourg -(cid:217)96/0145,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Portugal

-(cid:217)96/0173,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

91/0321
Infant  formulae
Member  States  which  have  notified  implementing  measures:  all
reasoned
Germany

-(cid:217)93/0808,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

92/0001
Quick(cid:220)frozen  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
reasoned
France

-(cid:217)93/0923,  no  measures  notified, 

opinion  in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)93/0934,  no  measures  notified,  Art.  169  letter

in  1993,  terminated  in  1997

93/0099
Foodstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
reasoned
France

-(cid:217)94/0560,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

Italy

-(cid:217)95/0546,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

93/0102
Labelling  of  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
reasoned
Ireland

-(cid:217)95/0308,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

92/0002
Community  method  of  analysis 
temperatures  of  quick(cid:220)frozen  foods
Member  States  which  have  notified  implementing  measures:  all
reasoned
France

-(cid:217)93/0924,  no  measures  notified, 

the  control  of 

for 

the

opinion  in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)93/0935,  no  measures  notified,  Art.  169  letter

in  1993,  terminated  in  1997

92/0052
Infant  formulae  for  export
Member  States  which  have  notified  implementing  measures:  all
reasoned
Germany

-(cid:217)94/0646,  no  measures  notified, 
opinion  in  1995,  terminated  in  1997

93/0043
Hygiene  of  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
except  EL,  IRL
Belgium

-(cid:217)96/0002,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

94/0035
Sweeteners  in  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
except  D
Belgium

-(cid:217)96/0006,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Germany

-(cid:217)96/0038,  no  measures  notified,  Art.  169  letter

in  1996

France

-(cid:217)96/0091,  no  measures  notified,  Art.  169  letter

in  1996,  to  be  terminated  in  1998

94/0036
Foodstuffs  for  human  consumption  -  colouring  matter
Member  States  which  have  notified  implementing  measures:  all
except  D
Belgium

-(cid:217)96/0007,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Germany

-(cid:217)96/0035,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Germany

-(cid:217)96/0039,  no  measures  notified, 

reasoned

opinion  in  1997

Ireland

-(cid:217)96/0107,  no  measures  notified, 

reasoned

opinion  in  1996

France

-(cid:217)96/0092,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

Greece

-(cid:217)96/0049,  no  measures  notified, 

reasoned

Portugal

-(cid:217)96/0179,  no  measures  notified,  Art.  169  letter

opinion  in  1996

in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/113

94/0052
Extraction  solvents  used  in  the  production  of  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
except  F
France

-(cid:217)96/0093,  no  measures  notified, 

reasoned

opinion  in  1996

Portugal

-(cid:217)96/0180,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

94/0054
Labelling  of  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
except  F
France

-(cid:217)95/0512,  no  measures  notified, 

reasoned

opinion  in  1997

Germany

-(cid:217)96/0249,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)96/0265,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

France

-(cid:217)96/0284,  no  measures  notified,  Art.  169  letter

in  1996,  to  be  terminated  in  1998

Italy

-(cid:217)96/0307,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Luxembourg -(cid:217)96/0320,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

Portugal

-(cid:217)96/0341,  no  measures  notified,  Art.  169  letter

in  1996

Ireland

-(cid:217)95/0531,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Austria

-(cid:217)96/0475,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Italy

-(cid:217)95/0554,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Portugal

-(cid:217)95/0619,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

95/0002
Additives  in  foodstuffs  other  than  colours  and  sweeteners
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  P
Germany

-(cid:217)96/0889,  no  measures  notified,  Art.  169  letter

in  1997

Belgium

-(cid:217)96/0860,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)96/0938,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

95/0031
Specific  purity  criteria  for  sweeteners
Member  States  which  have  notified  implementing  measures:  all
except  D
Belgium

-(cid:217)96/0863,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)96/0891,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)96/0942,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)96/0959,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)96/0981,  no  measures  notified,  Art.  169  letter

France

-(cid:217)96/0955,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)96/0977,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Netherlands -(cid:217)96/1031,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Luxembourg -(cid:217)96/1016,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Portugal

-(cid:217)96/1045,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Portugal

-(cid:217)96/1042,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)96/1083,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)96/1080,  no  measures  notified,  Art.  169  letter

Finland

-(cid:217)96/1105,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  terminated  in  1997

Finland

-(cid:217)96/1001,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Sweden

-(cid:217)96/1120,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

95/0003
Plastic  materials  and  articles  intended  to  come  into  contact  with
foodstuffs
Member  States  which  have  notified  implementing  measures:  all
except  B,  P
Belgium

-(cid:217)96/0232,  no  measures  notified,  Art.  169  letter

in  1996

95/0045
Specific  purity  criteria  for  colours
Member  States  which  have  notified  implementing  measures:  all
except  D
Belgium

-(cid:217)96/0869,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

C  250/114

EN

Official  Journal  of  the  European  Communities

10.8.98

Germany

-(cid:217)96/0898,  no  measures  notified,  Art.  169  letter

Sweden

-(cid:217)96/0505,  no  measures  notified,  Art.  169  letter

in  1997

in  1996,  terminated  in  1997

Spain

-(cid:217)96/0945,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)96/0965,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)96/0984,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Italy

-(cid:217)96/1003,  no  measures  notified,  Art.  169  letter

96/0004
Infant  formulae  and  follow(cid:220)on  formulae
Member  States  which  have  notified  implementing  measures:  all
except  B,  EL,  E,  F,  IRL,  I,  P
Belgium

-(cid:217)97/0195,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0200,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  terminated  in  1997

Greece

-(cid:217)97/0206,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)96/1020,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Spain

-(cid:217)97/0214,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)96/1053,  no  measures  notified,  Art.  169  letter

France

-(cid:217)97/0219,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997

Austria

-(cid:217)96/1088,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Ireland

-(cid:217)97/0225,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0229,  no  measures  notified,  Art.  169  letter

Finland

-(cid:217)96/1112,  no  measures  notified,  Art.  169  letter

in  1997

in  1997,  terminated  in  1997

Sweden

-(cid:217)96/1126,  no  measures  notified,  Art.  169  letter

Luxembourg -(cid:217)97/0233,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

in  1997,  terminated  in  1997

Austria

-(cid:217)97/0242,  no  measures  notified,  Art.  169  letter

96/0003
Hygiene  of  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
except  B,  F,  IRL,  L,  A,  P,  UK
Belgium

-(cid:217)96/0238,  no  measures  notified,  Art.  169  letter

in  1996

Germany

-(cid:217)96/0258,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)96/0273,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

France

-(cid:217)96/0292,  no  measures  notified,  Art.  169  letter

in  1996

Ireland

-(cid:217)96/0302,  no  measures  notified,  Art.  169  letter

in  1996

Italy

-(cid:217)96/0313,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Luxembourg -(cid:217)96/0328,  no  measures  notified,  Art.  169  letter

in  1996

in  1997,  to  be  terminated  in  1998

Portugal

-(cid:217)97/0248,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0252,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

96/0005
Cereal(cid:220)based  foods  and  baby  foods
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  EL,  E,  F,  IRL,  I,  A,  P,  UK
Belgium

-(cid:217)97/0539,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0571,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0584,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0603,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0617,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0630,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0647,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)96/0347,  no  measures  notified,  Art.  169  letter

in  1997

in  1996

-(cid:217)96/0356,  no  measures  notified,  Art.  169  letter

Austria

-(cid:217)97/0685,  no  measures  notified,  Art.  169  letter

in  1997

in  1996

Portugal

-(cid:217)97/0701,  no  measures  notified,  Art.  169  letter

United
Kingdom

in  1997

Austria

-(cid:217)96/0483,  no  measures  notified,  Art.  169  letter

in  1996

United
Kingdom

-(cid:217)97/0748,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)96/0594,  no  measures  notified,  Art.  169  letter

Sweden

-(cid:217)97/0734,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1997,  to  be  terminated  in  1998

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/115

96/0008
Foodstuffs  for  use  in  energy(cid:220)restricted  diets
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  EL,  F,  IRL,  I,  A,  P,  UK
Belgium

-(cid:217)97/0540,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0555,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Germany

-(cid:217)97/0572,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0585,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0249,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0243,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

96/0021
Labelling  of  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  F,  P
Belgium

-(cid:217)96/0875,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0604,  no  measures  notified,  Art.  169  letter

Denmark

-(cid:217)96/0885,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

in  1996,  terminated  in  1997

France

-(cid:217)97/0618,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)96/0906,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0631,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0648,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0686,  no  measures  notified,  Art.  169  letter

Greece

-(cid:217)96/0932,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Spain

-(cid:217)96/0950,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997

France

-(cid:217)96/0972,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0702,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0717,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Sweden

-(cid:217)97/0735,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

United
Kingdom

-(cid:217)97/0749,  no  measures  notified,  Art.  169  letter

in  1997

96/0011
Plastic  materials  and  articles  intended  to  come  into  contact  with
foodstuffs
Member  States  which  have  notified  implementing  measures:  all
except  B,  P
Belgium

-(cid:217)97/0196,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0203,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)97/0207,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Ireland

-(cid:217)96/0992,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)96/1009,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)96/1027,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Portugal

-(cid:217)96/1098,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)96/1098,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Sweden

-(cid:217)96/1132,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

96/0070
Exploitation  and  marketing  of  natural  mineral  waters
Member  States  which  have  notified 
NL,  FIN,  S
Belgium

-(cid:217)97/0544,  no  measures  notified,  Art.  169  letter

implementing  measures:

Spain

-(cid:217)97/0215,  no  measures  notified,  Art.  169  letter

in  1997

in  1997,  terminated  in  1997

France

-(cid:217)97/0220,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)97/0226,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Denmark

-(cid:217)97/0560,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0577,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0234,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Greece

-(cid:217)97/0592,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0243,  no  measures  notified,  Art.  169  letter

Spain

-(cid:217)97/0607,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

in  1997

C  250/116

EN

Official  Journal  of  the  European  Communities

10.8.98

France

-(cid:217)97/0623,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0637,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0654,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0668,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0691,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0706,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0723,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Sweden

-(cid:217)97/0741,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

96/0083
Sweeteners  for  use  in  foodstuffs
Transposed  by:  DK,  EL,  FIN,  S,  UK
No  infringement  proceedings

96/0084
Foodstuffs  intended  for  particular  nutritional  uses
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  EL,  E,  IRL,  I,  P,  UK
Belgium

-(cid:217)97/0545,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0561,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Germany

-(cid:217)97/0578,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0593,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0755,  no  measures  notified,  Art.  169  letter

Spain

-(cid:217)97/0608,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

96/0077
Specific  purity  criteria  for  food  additives  other  than  colours  and
sweeteners
Member  States  which  have  notified  implementing  measures:  all
except  D,  E,  IRL,  I,  A,  P
Belgium

-(cid:217)97/0269,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Denmark

-(cid:217)97/0289,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)97/0300,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0638,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0655,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0669,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Portugal

-(cid:217)97/0707,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0724,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Sweden

-(cid:217)97/0742,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Greece

-(cid:217)97/0316,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)97/0756,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0333,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0350,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)97/0364,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0376,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0392,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Sweden

-(cid:217)97/0458,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)97/0419,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0435,  no  measures  notified,  Art.  169  letter

in  1997

implementing  measures:

96/0085
Food  additives  other  than  colours  and  sweeteners
Member  States  which  have  notified 
DK,  F,  NL,  FIN,  S,  UK
Belgium

-(cid:217)97/0271,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0289,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)97/0301,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0318,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0334,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0352,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

United
Kingdom

-(cid:217)97/0472,  no  measures  notified,  Art.  169  letter

Ireland

-(cid:217)97/0365,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/117

Italy

-(cid:217)97/0378,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0394,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)97/0407,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Sweden

-(cid:217)97/0459,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)97/0421,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0436,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0446,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

92/0073
Homeopathic  medicinal  products  for  human  use
Member  States  which  have  notified  implementing  measures:  all
except  B,  F
Belgium

-(cid:217)94/0014,  no  measures  notified,  Art.  169  letter

in  1994,  referral  scheduled

France

Ireland

-(cid:217)94/0176,  no  measures  notified, 
opinion  in  1996,  referral  scheduled

reasoned

-(cid:217)94/0208,  no  measures  notified,  Art.  169  letter
in  1994,  reasoned  opinion,  terminated  in  1997

92/0074
Homeopathic  veterinary  medicinal  products
Member  States  which  have  notified  implementing  measures:  all
except  B,  F
Belgium

-(cid:217)94/0015,  no  measures  notified, 
opinion  in  1996,  referral  scheduled

reasoned

United
Kingdom

-(cid:217)97/0474,  no  measures  notified,  Art.  169  letter

France

in  1997,  terminated  in  1997

-(cid:217)94/0177,  no  measures  notified, 
opinion  in  1996,  referral  scheduled

reasoned

Portugal

-(cid:217)94/0341,  no  measures  notified, 

reasoned

opinion  in  1996,  referral,  terminated  in  1997

United
Kingdom

-(cid:217)94/0375,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Pharmaceutical  products

89/0381
Medicinal  products  derived  from  human  blood
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0407,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

90/0676
Veterinary  medicinal  products
Member  States  which  have  notified  implementing  measures:  all
reasoned
Portugal

-(cid:217)93/0438,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

91/0412
Principles  and  guidelines  of  good  manufacturing  practice  for
veterinary  medicinal  products
Member  States  which  have  notified  implementing  measures:  all
reasoned
Portugal

-(cid:217)93/0944,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

91/0507
Testing  of  medicinal  products
Member  States  which  have  notified  implementing  measures:  all
in
France

-(cid:217)92/0228,  no  measures  notified,  referral 
1996  (Case  C(cid:220)23/96),  terminated  in  1997

93/0039
Medicines
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)95/0251,  no  measures  notified, 
opinion  in  1996,  referral  scheduled

reasoned

Italy

Ireland

-(cid:217)95/0316,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)95/0304,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

93/0040
Veterinary  medicinal  products
Member  States  which  have  notified  implementing  measures:  all
except  D,  F
Germany

-(cid:217)95/0252,  no  measures  notified, 
opinion  in  1996,  referral  scheduled

reasoned

Greece

-(cid:217)97/2197  not  properly  implemented,  Art.  169

letter  in  1997

France

Portugal

-(cid:217)95/0293,  no  measures  notified, 
opinion  in  1996,  referral  scheduled

reasoned

-(cid:217)95/0358,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

France

-(cid:217)95/0291,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Chemicals

Austria

-(cid:217)96/0425,  no  measures  notified, 

reasoned

opinion  in  1997

Ireland

-(cid:217)95/0303,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion,  terminated  in  1997

90/0035
Packaging  -  child  safety
Member  States  which  have  notified  implementing  measures:  all
except  A

C  250/118

EN

Official  Journal  of  the  European  Communities

10.8.98

91/0155
Dangerous  preparations
Member  States  which  have  notified  implementing  measures:  all
except  A

91/0338
Dangerous  substances  and  preparations
Member  States  which  have  notified  implementing  measures:  all
except  B,  NL
Belgium

-(cid:217)93/0024,  no  measures  notified, 
opinion  in  1995,  referral  scheduled

reasoned

Netherlands -(cid:217)93/0390,  no  measures  notified, 

reasoned

opinion  in  1996

91/0659
Dangerous  substances  and  preparations
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)93/0020,  no  measures  notified, 
opinion  in  1994,  referral  scheduled

reasoned

92/0109
Narcotic  drugs  and  psychotropic  substances
Member  States  which  have  notified  implementing  measures:  all
except  F,  I
France

-(cid:217)93/0755,  no  measures  notified,  Art.  169  letter
in  1993,  reasoned  opinion  in  1994,  referral
scheduled

Italy

-(cid:217)93/0800,  no  measures  notified,  Art.  169  letter
in  1993,  reasoned  opinion  in  1994,  referral
scheduled

93/0015
Placing  on  the  market  and  supervision  of  explosives  for  civil
uses  (deadline  for  transposal:  30.9.1993  and  30.6.1994)
Member  States  which  have  notified  implementing  measures:  all
except  D,  E,  F,  I
Germany

-(cid:217)94/0616  and  94/0649,  no  measures  notified,
Art.  169  letter  in  1994,  reasoned  opinion  to  be
sent

Greece

-(cid:217)94/0699,  no  measures  notified,  Art.  169  letter

in  1994,  to  be  terminated

Greece

-(cid:217)94/0425,  no  measures  notified,  Art.  169  letter

in  1994,  to  be  terminated

Spain

-(cid:217)94/0437  and  94/0663,  no  measures  notified,
Art.  169  letter  in  1994,  reasoned  opinion  to  be
sent

France

-(cid:217)94/0676,  no  measures  notified,  Art.  169  letter

93/0018
Dangerous  preparations
Member  States  which  have  notified  implementing  measures:  all
except  IRL,  I,  P
Ireland

-(cid:217)94/0856,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  to  be  sent

Italy

-(cid:217)94/0875,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)94/0932,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  to  be  sent

93/0069
Fertilisers
Member  States  which  have  notified  implementing  measures:  all
except  B,  EL,  F
Belgium

-(cid:217)94/0520,  no  measures  notified,  Art.  169  letter

in  1994,  reasoned  opinion  to  be  sent

France

-(cid:217)94/0792,  no  measures  notified,  Art.  169  letter

in  1994,  reasoned  opinion  to  be  sent

Greece

-(cid:217)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,  P
Spain

-(cid:217)95/0288,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  to  be  sent

Italy

-(cid:217)95/0321,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)95/0363,  no  measures  notified,  Art.  169  letter

in  1995

the  marketing  of  dangerous 

94/0060
Restrictions  on 
(CMT/aerosols/solvents/creosote)
Member  States  which  have  notified  implementing  measures:  all
except  B,  F,  IRL,  I
Belgium

-(cid:217)96/0010,  no  measures  notified,  Art.  169  letter

substances

in  1996,  reasoned  opinion  to  be  sent

France

-(cid:217)96/0095,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

in  1994,  to  be  terminated

Greece

-(cid:217)96/0058,  no  measures  notified,  Art.  169  letter

France

-(cid:217)94/0449,  no  measures  notified,  Art.  169  letter

in  1994,  reasoned  opinion  to  be  sent

-(cid:217)94/0468,  no  measures  notified,  Art.  169  letter

in  1994,  to  be  terminated

Italy

Italy

in  1996,  to  be  terminated

Ireland

-(cid:217)96/0115,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

-(cid:217)94/0721,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)96/0134,  no  measures  notified,  Art.  169  letter

in  1994,  reasoned  opinion  to  be  sent

in  1996,  reasoned  opinion  to  be  sent

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/119

95/0008
Fertilisers
Member  States  which  have  notified  implementing  measures:  all
except  F,  EL,  IRL,  L
France

-(cid:217)96/0098,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

Greece

-(cid:217)96/0061,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

Ireland

-(cid:217)96/0117,  no  measures  notified,  Art.  169  letter

in  1996,  to  be  terminated

Luxembourg -(cid:217)96/0154,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

96/0065
Use  of  certain  dangerous  substances  and  preparations
Member  States  which  have  notified 
none

implementing  measures:

97/0010
Use  of  certain  dangerous  substances  and  preparations
Member  States  which  have  notified  implementing  measures:  UK

97/0016
Use  of  certain  dangerous  substances  and  preparations
Member  States  which  have  notified 
none

implementing  measures:

Motor  vehicles,  tractors  and  motorcycles

93/0014
Braking  systems  of  two(cid:220)  and  three(cid:220)wheel  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0029
Identification  of  controls,  tell(cid:220)tales  and  indicators  for  two(cid:220)  and
three(cid:220)wheel  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0030
Audible  warning  devices  for  two(cid:220)  or  three(cid:220)wheel  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0031
Stands  for  two(cid:220)  or  three(cid:220)wheel  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0032
Passenger  hand(cid:220)holds  for  two(cid:220)  or  three(cid:220)wheel  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0033
Devices  to  prevent  unauthorised  use  of  two(cid:220)  or  three(cid:220)wheel
motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0034
Statutory  markings  for  two(cid:220)  or  three(cid:220)wheel  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0092
Lighting  and  light(cid:220)signalling  devices  of  two(cid:220)  or  three(cid:220)wheeled
motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0093
Masses  and  dimensions  of  two(cid:220)  or  three(cid:220)wheeled  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

93/0094
Mounting  of  registration  plate  for  two(cid:220)  or  three(cid:220)wheeled  motor
vehicles
Member  States  which  have  notified  implementing  measures:  all
except  S

94/0012
Pollution  by  emissions  from  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/0974,  no  measures  notified,  Art.  169  letter
Greece
in  1996,  to  be

in  1995,  reasoned  opinion 
terminated  in  1998

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

95/0001
Torque  and  net  engine  power  of  two(cid:220)  and  three(cid:220)wheeled  motor
vehicles
Member  States  which  have  notified 
B,  E,  EL,  F,  FIN,  IRL,  I,  L
Austria

-(cid:217)96/1079,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997

Denmark

-(cid:217)96/0878,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)96/0888,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)96/1030,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)96/1041,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)96/1128,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)96/1066,  no  measures  notified,  Art.  169  letter

in  1997

C  250/120

EN

Official  Journal  of  the  European  Communities

10.8.98

95/0028
Burning  behaviour
Member  States  which  have  notified  implementing  measures:  all
except  L,  NL,  P

Sweden

-(cid:217)96/0504,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)96/0354,  no  measures  notified,  Art.  169  letter

in  1996

95/0048
Weights  and  dimensions  of  category  M1  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  A,  D,  IRL,  NL
Austria

-(cid:217)96/0481,  no  measures  notified,  Art.  169  letter

in  1996

Germany

-(cid:217)96/0254,  no  measures  notified,  Art.  169  letter

in  1996

Spain

-(cid:217)96/0278,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

implementing  measures:

96/0001
Emissions  -  Small  diesel  engines
Member  States  which  have  notified 
B,  DK,  E,  FIN,  I,  L,  NL,  S
Austria

-(cid:217)96/1091,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)96/0900,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)96/0926,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)96/0300,  no  measures  notified,  Art.  169  letter

in  1996

France

-(cid:217)96/0967,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)96/0311,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Portugal

-(cid:217)96/1057,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)96/0335,  no  measures  notified,  Art.  169  letter

in  1996

United
Kingdom

-(cid:217)96/1073,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)96/0344,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0503,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)96/0353,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

95/0056
Devices  to  prevent  the  unauthorised  use  of  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  A,  I,  L,  UK
Austria

-(cid:217)96/0482,  no  measures  notified,  Art.  169  letter

in  1996

Germany

-(cid:217)96/0255,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Spain

-(cid:217)96/0279,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

France

-(cid:217)96/0289,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Ireland

-(cid:217)96/0301,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Italy

-(cid:217)96/0346,  no  measures  notified,  Art.  169  letter

in  1996

Luxembourg -(cid:217)96/0325,  no  measures  notified,  Art.  169  letter

in  1996

Netherlands -(cid:217)96/0336,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

Portugal

-(cid:217)96/0346,  no  measures  notified,  Art.  169  letter

implementing  measures:

96/0020
Sound  level  of  motor  vehicles
Member  States  which  have  notified 
B,  DK,  E,  FIN,  I,  IRL,  NL,  S
Austria

-(cid:217)96/1097,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)96/0905,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)96/0931,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)96/0949,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)96/1026,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)96/1061,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)96/1074,  no  measures  notified,  Art.  169  letter

in  1997

96/0027
Lateral  protection  of  occupants  of  motor  vehicles
Member  States  which  have  notified 
D,  S

implementing  measures:

96/0036
Safety  belts  and  restraint  systems  of  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)97/0025,  no  measures  notified, 

reasoned

in  1996,  terminated  in  1997

opinion  to  be  sent  in  1998

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/121

96/0037
Interior  fittings  of  motor  vehicles  (resistance  of  seats  and  their
anchorages)
Member  States  which  have  notified 
B,  F,  IRL,  I

implementing  measures:

76/0696
Non(cid:220)automatic  weighing  machines
Member  States  which  have  notified  implementing  measures:  all
except  A,  S

96/0038
Anchorages  for  motor(cid:220)vehicle  safety  belts
Member  States  which  have  notified 
B,  F,  IRL,  I

implementing  measures:

96/0044
Emissions  from  motor  vehicles
Member  States  which  have  notified 
B,  FIN,  I

implementing  measures:

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

96/0063
Braking  devices  of  wheeled  agricultural  or  forestry  tractors
Member  States  which  have  notified  implementing  measures:  F

78/1031
Automatic  checkweighing  machines
Member  States  which  have  notified  implementing  measures:  all
except  S

96/0064
Motor(cid:220)vehicle  towing  devices
Member  States  which  have  notified  implementing  measures:  F

Construction  products

89/0106
Construction  products
Member  States  which  have  notified  implementing  measures:  all
except  A,  B
Belgium

-(cid:217)92/0026,  no  measures  notified,  referral 

in

1996  (Case  C(cid:220)96/263)

Austria

-(cid:217)96/0404,  no  measures  notified, 

reasoned

opinion  in  1997

Machinery

69/0493
Crystal  glass
Member  States  which  have  notified  implementing  measures:  all
except  FIN,  S

71/0349
Calibration  of  the  tanks  of  vessels
Member  States  which  have  notified  implementing  measures:  all
except  S

73/0360
Weighing  instruments
Member  States  which  have  notified  implementing  measures:  all
except  A,  S

74/0331
Gas  volume  meters
Member  States  which  have  notified  implementing  measures:  all
except  FIN

75/0410
Continuous  totalising  weighing  machines
Member  States  which  have  notified  implementing  measures:  all
except  FIN

82/0623
Gas  volume  meters
Member  States  which  have  notified  implementing  measures:  all
except  S

82/0624
Alcoholometers
Member  States  which  have  notified  implementing  measures:  all
except  S

82/0625
Measuring  systems  for  liquids
Member  States  which  have  notified  implementing  measures:  all
except  S

83/0128
Clinical  thermometers  -  mercury
Member  States  which  have  notified  implementing  measures:  all
except  S

84/0414
Thermometers
Member  States  which  have  notified  implementing  measures:  all
except  S

84/0539
Electro(cid:220)medical  equipment
Member  States  which  have  notified 
A,  B,  DK,  D,  EL,  E,  F,  IRL,  I,  L,  NL,  P,  UK

implementing  measures:

86/0217
Pressure  gauges
Member  States  which  have  notified  implementing  measures:  all
except  S

89/0336
Electromagnetic  compatibility
Member  States  which  have  notified  implementing  measures:  all
except  IRL
Ireland

-(cid:217)92/0793,  no  measures  notified, 

reasoned
opinion 
(Case
C(cid:220)94/240),  judgment  in  1995,  Art.  171  letter
in  1996,  Art.  171  reasoned  opinion  in  1997

in  1993,  referral 

in  1994 

C  250/122

EN

Official  Journal  of  the  European  Communities

10.8.98

89/0617
Units  of  measurement
Member  States  which  have  notified  implementing  measures:  all
except  E
Spain

-(cid:217)92/0157,  no  measures  notified,  supplementary

reasoned  opinion  in  1994

Spain

-(cid:217)94/0830,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

France

-(cid:217)94/0844,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

90/0018
Good  laboratory  practice
Member  States  which  have  notified  implementing  measures:  all
except  UK

90/0385
Active  implantable  medical  devices
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)92/0657,  no  measures  notified, 

reasoned
opinion 
(Case
C(cid:220)95/239),  judgment  in  1996,  Art.  171  letter
in  1996,  Art.  171  reasoned  opinion  in  1997

in  1993,  referral 

in  1994 

92/0031
Electromagnetic  compatibility  (amendment)
Member  States  which  have  notified  implementing  measures:  all
except  IRL
Ireland

-(cid:217)92/0815,  no  measures  notified, 

reasoned
(Case
opinion 
C(cid:220)94/240),  judgment  in  1995,  Art.  171  letter
in  1996,  Art.  171  reasoned  opinion  in  1997

in  1993,  referral 

in  1994 

93/0042
Medical  devices
Member  States  which  have  notified  implementing  measures:  all
reasoned
Belgium
(Case

-(cid:217)94/0784,  no  measures  notified, 

in  1996 

opinion 
C(cid:220)96/294),  terminated  in  1997

in  1995,  referral 

Italy

-(cid:217)94/0878,  no  measures  notified, 
opinion  in  1995,  terminated  in  1997

reasoned

Italy

-(cid:217)94/0883,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Ireland

-(cid:217)94/0861,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Luxembourg -(cid:217)94/0905,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)94/0918,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Portugal

-(cid:217)94/0941,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

United
Kingdom

-(cid:217)94/0963,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

93/0095
Personal  protective  equipment
Member  States  which  have  notified  implementing  measures:  all
reasoned
Italy

-(cid:217)94/0470,  no  measures  notified, 
opinion  in  1995,  terminated  in  1997

94/0001
Aerosol  dispensers
Member  States  which  have  notified  implementing  measures:  all
reasoned
Italy

-(cid:217)94/0891,  no  measures  notified, 

opinion  in  1995,  referral,  terminated  in  1997

94/0009
Electrical  equipment  in  explosive  atmosphere
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  IRL,  I
Belgium

-(cid:217)95/0672,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

93/0068
EC  labelling
Member  States  which  have  notified 
B,  EL,  E,  F,  P,  FIN,  S,  UK
Austria

-(cid:217)no  measures  notified

implementing  measures:

Germany

-(cid:217)95/0679,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Belgium

-(cid:217)94/0789,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Italy

-(cid:217)95/0701,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Denmark

-(cid:217)94/0802,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Ireland

-(cid:217)95/0696,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Germany

-(cid:217)94/0815,  no  measures  notified,  Art.  196  letter

in  1995,  reasoned  opinion  in  1997

Netherlands -(cid:217)95/0710,  no  measures  notified,  Art.  169  letter
in  1995,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/123

94/0011
Labelling  of  materials  used  in  footwear
Member  States  which  have  notified  implementing  measures:  all
except  L
Luxembourg -(cid:217)96/0317,  no  measures  notified, 
opinion  10.12.1997

reasoned

94/0025
Recreational  craft
Member  States  which  have  notified  implementing  measures:  all
except  B,  E,  IRL
Belgium

-(cid:217)96/0005,  no  measures  notified,  Art.  169  letter

in  1996  and  in  1997

Greece

-(cid:217)96/0052,  no  measures  notified,  Art.  169  letter

in  1996,  to  be  terminated  in  1998

Spain

-(cid:217)96/0071,  no  measures  notified, 
opinion  in  1997,  referral  scheduled

reasoned

Ireland

-(cid:217)96/0109,  no  measures  notified, 

reasoned

opinion  to  be  sent

Italy

-(cid:217)96/0128,  no  measures  notified,  Art.  169  letter

in  1996,  to  be  terminated  in  1998

Luxembourg -(cid:217)96/0147,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

Portugal

-(cid:217)96/0177,  no  measures  notified,  Art.  169  letter

in  1996,  to  be  terminated  in  1998

France

-(cid:217)97/0076,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

Ireland

-(cid:217)97/0086,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

Italy

-(cid:217)97/0098,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

Luxembourg -(cid:217)97/0108,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

Portugal

-(cid:217)97/0148,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

95/0054
Electromagnetic  compatibility
Member  States  which  have  notified  implementing  measures:  all
except  F
France

-(cid:217)96/0105,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

96/0058
Personal  protection  equipment  (amendment  89/0686)
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,
Belgium

terminated  in  1997

Denmark

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

terminated  in  1997

Germany

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

terminated  in  1997

Greece

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

terminated  in  1997

Spain

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

terminated  in  1997

United
Kingdom

-(cid:217)96/0198,  no  measures  notified,  Art.  169  letter

France

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

in  1996,  to  be  terminated  in  1998

terminated  in  1997

in  explosive  atmosphere 

94/0026
Electrical  equipment 
79/0196)
Member  States  which  have  notified  implementing  measures:  all
except  IRL
Ireland

-(cid:217)95/0310,  no  measures  notified, 

(amendment

reasoned

opinion  in  1996

Ireland

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

terminated  in  1997

Italy

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

terminated  in  1997

Luxembourg -(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

terminated  in  1997

Portugal

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997,

terminated  in  1997

95/0016
Lifts
Member  States  which  have  notified 
DK,  EL,  E,  NL,  A,  FIN,  S,  UK
Belgium

implementing  measures:

Cosmetics

-(cid:217)97/0022,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

Germany

-(cid:217)97/0034,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

76/0768
Cosmetics
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/0207,  not  properly  implemented,  reasoned
Portugal

opinion  in  1992,  terminated  in  1997

C  250/124

EN

Official  Journal  of  the  European  Communities

10.8.98

Greece

-(cid:217)92/4341,  not  properly  implemented,  reasoned

Greece

opinion  in  1996,  terminated  in  1997

-(cid:217)95/0458,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

93/0035
Cosmetics
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  E,  P
Belgium

-(cid:217)95/0393,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Germany

-(cid:217)95/0432,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  to  be  sent

Greece

-(cid:217)95/0450,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Spain

-(cid:217)95/0476,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

France

-(cid:217)95/0508,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Ireland

-(cid:217)95/0522,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Italy

-(cid:217)95/0541,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Portugal

-(cid:217)95/0603,  no  measures  notified,  Art.  169  letter

Ireland

-(cid:217)95/0528,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

implementing  measures:

95/0017
Cosmetics
Member  States  which  have  notified 
DK,  NL,  A,  FIN,  S
Belgium

-(cid:217)96/0013,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

Germany

-(cid:217)96/0045,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

Greece

-(cid:217)96/0063,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Spain

-(cid:217)96/0081,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  to  be  sent  in  1997

France

-(cid:217)96/0100,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

Ireland

-(cid:217)96/0119,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1995,  reasoned  opinion  to  be  sent

Italy

-(cid:217)96/0138,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)95/0631,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

93/0047
Cosmetics
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/0713,  no  measures  notified,  Art.  169  letter
Ireland

in  1994,  terminated  in  1997

Luxembourg -(cid:217)96/0156,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)96/0188,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

United
Kingdom

-(cid:217)96/0208,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

93/0073
Cosmetics
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/0944,  no  measures  notified,  Art.  169  letter
Portugal

in  1995,  terminated  in  1997

95/0032
Cosmetics
Belgium

-(cid:217)96/0864,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)96/1046,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

94/0032
Cosmetics
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/0405,  no  measures  notified,  Art.  169  letter
Belgium
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

95/0034
Cosmetics
Member  States  which  have  notified  implementing  measures:  all
except  P
Portugal

-(cid:217)96/1048,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/125

Textiles

United
Kingdom

-(cid:217)97/0757,  no  measures  notified,  Art.  169  letter

in  1997

No  problems  with  directives  in  this  field

Free  movement  -  special  arrangements

91/0477
Acquisition  and  possession  of  weapons
Member  States  which  have  notified  implementing  measures:  all
except  FIN
Finland

-(cid:217)96/0580,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  to  be  sent  in  1998

93/0007
Return  of  cultural  goods  unlawfully  removed  from  the  territory
of  a  Member  State
Member  States  which  have  notified 
B,  DK,  EL,  E,  F,  IRL,  NL,  P,  FIN,  S,  UK
Germany

-(cid:217)94/0532,  no  measures  notified,  referral 

implementing  measures:

in

1997

Greece

-(cid:217)94/0546,  no  measures  notified,  referral 

in

1997

Italy

-(cid:217)94/0569,  no  measures  notified,  referral 

in

1997

Luxembourg -(cid:217)94/0578,  no  measures  notified,  referral 

in

1997

Austria

-(cid:217)96/0443,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  to  be  sent  in  1998

96/0100
Return  of  cultural  goods  unlawfully  removed  from  the  territory
of  a  Member  State  (amendment  of  93/0007)
Member  States  which  have  notified  implementing  measures:  NL
Belgium

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

Denmark

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

Germany

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

Greece

Spain

France

Ireland

Italy

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

Luxembourg -(cid:217)no  measures  notified,  Art.  169  letter  in  1997

Austria

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

Portugal

-(cid:217)no  measures  notified,  Art.  169  letter  in  1997

Finland

-(cid:217)97/0725,  no  measures  notified,  Art.  169  letter

in  1997

Liability  for  defective  products

85/0374
Liability  for  defective  products
Member  States  which  have  notified  implementing  measures:  all
except  F
France

-(cid:217)89/0146,  no  measures  notified,  Art.  171

reasoned  opinion  in  1995

United
Kingdom

-(cid:217)89/0153,  not  properly  implemented,  referral
in  1995  (Case  C(cid:220)300/95),  judgment  in  1997

-(cid:217)Persons

Right  of  residence

90/0364
Right  of  residence
Member  States  which  have  notified  implementing  measures:  all
in
Germany
in  1997,

-(cid:217)92/0694,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)96/95), 
terminated  in  1997

90/0365
Right  of  residence  for  workers  who  have  ceased  their  occupa(cid:220)
tional  activity
Member  States  which  have  notified  implementing  measures:  all
in
Germany
in  1997,

-(cid:217)92/0695,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)96/95), 
terminated  in  1997

93/0096
Right  of  residence  for  students
Member  States  which  have  notified  implementing  measures:  all
reasoned
Germany
reasoned

-(cid:217)94/0096,  no  measures  notified, 
supplementary 
opinion 
opinion  in  1997,  terminated  in  1997

in  1995, 

Right  to  vote  and  stand  in  elections

93/0103
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
-(cid:217)97/2153,  not  properly  implemented,  Art.  169
Germany

letter  in  1997

Sweden

-(cid:217)97/0743,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)97/2259,  not  properly  implemented,  Art.  169

in  1997

letter  in  1997

C  250/126

EN

Official  Journal  of  the  European  Communities

10.8.98

94/0080
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:  all
except  B,  F
Belgium

-(cid:217)96/0012,  no  measures  notified,  referral 

in

1997

Germany

-(cid:217)97/2140,  not  properly  implemented  in  Saxony

(Art.  169  letter  to  be  sent  in  1998)

Germany

-(cid:217)97/2141,  not  properly  implemented  in  Bavaria

(Art.  169  letter  to  be  sent  in  1998)

Greece

Spain

-(cid:217)96/0097,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)96/0079,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

France

-(cid:217)96/0097,  no  measures  notified, 

reasoned

opinion  in  1996

94/0080  as  amended  by  96/0030  (Member  States  concerned:
A,  FIN,  S)
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:  all
(to  be
Austria

-(cid:217)96/0474,  no  measures  notified 

terminated  in  1998)

Finland

Sweden

-(cid:217)96/0591,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)96/0497,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Spain

-(cid:217)90/0981,  not  properly  implemented,  reasoned
opinion  in  1991,  reasoned  opinion  suspended
in  1992  and  1993,  supplementary  Art.  169
letter  in  1996

77/0453
Activities  of  nurses
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)91/4352,  not  properly  applied,  Art.  169  letter
Spain
letter 
in
in  1993,  supplementary  Art.  169 
1994, 
deadline
(supplementary  Art.  169  letter)  in  1995  and
1996

implemented 

without 

78/0686
Dentists
Member  States  which  have  notified  implementing  measures:  all
referral
Germany

-(cid:217)87/0434,  not  properly 

applied, 

decided  in  1993,  referral  suspended  in  1997

Spain

-(cid:217)90/0411,  not  properly 

applied, 

referral

decided  in  1997,  referral  suspended  in  1997

Italy

Italy

Italy

-(cid:217)90/0412,  not  properly  applied,  referral 

1993  (Case  C(cid:220)93/40), 
postponed  to  1997

judgment 

in
in  1995,

-(cid:217)95/2179,  not  properly  applied,  Art.  169  letter

in  1997,  postponed  to  1997

-(cid:217)96/2179,  not  properly  implemented,  Art.  169

letter  in  1997,  postponed  to  1997

78/0687
Dentists
Member  States  which  have  notified  implementing  measures:  all
referral
Spain

-(cid:217)90/0411,  not  properly 

applied, 

decided  in  1997,  referral  suspended  in  1997

Recognition  of  qualifications

1993  (Case  C(cid:220)93/40), 
postponed  to  1997

judgment 

Italy

-(cid:217)90/0412,  not  properly  applied,  referral 

in
in  1995,

64/0429
Freedom  of  establishment  -  processing  industries
Member  States  which  have  notified  implementing  measures:  all
except  A

68/0366
Food(cid:220)manufacturing 
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)91/2377,  not  properly  implemented,  reasoned
Spain

industries

opinion  in  1996,  terminated  in  1997

75/0362  (consolidated  by  Directive  93/0016)
Mutual  recognition  of  medical  qualifications

Italy

-(cid:217)96/2179,  not  properly  implemented,  Art.  169

letter  in  1997,  postponed  to  1997

85/0384
Architects
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/0349,  not  properly  implemented,  referral
Spain
implemented  without  deadline

in 
(referral)  in  1996,  referral  suspended  in  1997

1992, 

85/0432
Pharmacists
Member  States  which  have  notified  implementing  measures:  all
in
Italy
1994  (Case  C(cid:220)94/307),  judgment  in  1996,  Art.
171  letter  in  1997,  postponed  to  1997

-(cid:217)91/0820,  not  properly  applied,  referral 

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/127

85/0614
Architects
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/0349,  not  properly  implemented,  referral
Spain
implemented  without

in  1993, 

suspended 
deadline  (referral)  in  1996

86/0017
Architects
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/0349,  not  properly  implemented,  referral
Spain
implemented  without

in  1993, 

suspended 
deadline  (referral)  in  1996

89/0048
Mutual  recognition  of  qualifications  -  higher  education
Member  States  which  have  notified  implementing  measures:  all
except  EL
Greece

-(cid:217)91/0668,  no  measures  notified,  referral 

in
1994  (Case  C(cid:220)93/365),  judgment  in  1995,  Art.
171  letter  in  1996,  Art.  171  referral  scheduled
in  1998

France

-(cid:217)96/2254  (secondary  teachers),  not  properly

implemented,  Art.  169  letter  in  1997

89/0594
Recognition  of  qualifications  -  doctors,  nurses,  dentists,
veterinary  surgeons,  midwives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)92/2292,  not  properly  implemented,  reasoned
France

opinion  in  1996,  referral  in  1996

United
Kingdom

-(cid:217)91/2340,  no  measures  notified, 
opinion  in  1995,  terminated  in  1997

reasoned

89/0595
Recognition  of  qualifications  -  nurses
Member  States  which  have  notified  implementing  measures:  all
reasoned
United
opinion  (suspended) 
implemented
Kingdom
without  deadline  (reasoned  opinion)  in  1995,
terminated  in  1997

-(cid:217)92/0534,  no  measures  notified, 

in  1993, 

United
Kingdom

-(cid:217)92/0551,  no  measures  notified, 

reasoned
opinion  (suspended) 
implemented
without  deadline  (reasoned  opinion)  in  1995,
postponed  to  1996,  terminated  in  1997

in  1993, 

92/0051
Mutual  recognition  of  diplomas  -  second  general  system
Member  States  which  have  notified  implementing  measures:  all
except  EL
Belgium

-(cid:217)94/0623,  no  measures  notified,  referral 

in

1996,  terminated  in  1997

Greece

-(cid:217)94/0702,  no  measures  notified, 

reasoned

opinion  in  1995  (referral  scheduled  in  1998)

94/0038
Amendment  of  Annexes  C  and  D  to  Directive  92/0051
Implementing  measures  not  required  in  some  countries  which
have  already  transposed  Directive  92/0051
Member  States  which  have  notified  implementing  measures:  all
except  EL
Belgium

-(cid:217)95/0030,  no  measures  notified,  postponed  to

1996,  terminated  in  1997

Greece

-(cid:217)95/0074,  no  measures  notified, 

reasoned

opinion  in  1996  (referral  scheduled  in  1998)

Italy

-(cid:217)95/0140,  no  measures  notified,  postponed  to

1996,  terminated  in  1997

Portugal

-(cid:217)95/0187,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

97/0038
Recognition  of  diplomas  -  second  general  system  (amendment
of  92/0051)
Member  States  which  have  notified 
F,  IRL,  L,  FIN,  S,  UK

implementing  measures:

Independent  commercial  agents

86/0653
Independent  commercial  agents
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/2287,  not  properly  implemented,  Art.  169
Ireland

letter  in  1995,  terminated  in  1997

Italy

-(cid:217)95/2178,  not  properly  implemented,  Art.  169

letter  in  1996

Portugal

-(cid:217)95/2304,  not  properly  implemented,  Art.  169

90/0658  (consolidated  by  Directive  93/0016)
Recognition  of  diplomas  -  German  unification
Member  States  which  have  notified  implementing  measures:  all

United
Kingdom

letter  in  1996,  terminated  in  1997

-(cid:217)91/4846,  not  properly  applied,  terminated  in

1997

C  250/128

EN

Official  Journal  of  the  European  Communities

10.8.98

-(cid:217)Services

Audiovisual  media

Netherlands -(cid:217)93/2164, 

partial 

transposition, 

reasoned

opinion  in  1997

Austria

-(cid:217)97/0238,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

89/0552
Television  without  frontiers
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)92/2159,  not  properly  implemented,  referral
Belgium
judgment  of
(Case  C(cid:220)11/95), 

in  1995 
10.9.1996

Denmark

-(cid:217)92/2198,  not  properly  implemented,  Art.  169

letter  in  1993,  terminated  in  1997

Spain

France

-(cid:217)92/2164, 

not 

properly 

implemented,

supplementary  reasoned  opinion  in  1997

Greece

-(cid:217)95/4452,  not  properly  applied, 

reasoned

opinion  (suspended)  in  1997

92/0044
Open  network  provision  -  leased  lines
Member  States  which  have  notified 
B,  DK,  D,  E,  F,  IRL,  I,  NL,  A,  P,  FIN,  S,  UK
Greece

implementing  measures:

-(cid:217)93/0712,  no  measures  notified,  referral 
1994  (Case  C(cid:220)94/259),  judgment  in  1995

in

-(cid:217)93/0725,  no  measures  notified,  referral 

1994  (Case  C(cid:220)94/266), 
terminated  in  1995

judgment 

in
in  1995,

Luxembourg -(cid:217)93/0816,  no  measures  notified,  referral 

in
1994  (Case  C(cid:220)94/220),  judgment  1995,  Art.
171  letter  in  1997

Greece

-(cid:217)93/2158,  not  properly  implemented,  reasoned

opinion  in  1994,  terminated  in  1997

Austria

-(cid:217)97/0239,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)94/4750,  not  properly  implemented,  referral

scheduled  in  1997

Netherlands -(cid:217)92/2165,  not  properly  implemented,  reasoned

opinion  in  1995

Portugal

-(cid:217)92/2166,  not  properly  implemented,  reasoned

opinion  in  1994

United
Kingdom

United
Kingdom

United
Kingdom

-(cid:217)92/2167,  not  properly  implemented,  referral
judgment  of
(Case  C(cid:220)222/94), 

in  1994 
10.9.1996,  terminated  in  1997

-(cid:217)94/4089,  not  properly  applied,  referral 

in

1995,  suspended  in  1997

-(cid:217)94/2055,  not  properly  applied, 

reasoned
opinion  (suspended)  in  1994,  terminated  in
1997

Telecommunications

91/0263
Telecommunications  terminal  equipment
Member  States  which  have  notified  implementing  measures:  all
in
Belgium
in  1995,

-(cid:217)92/0966,  no  measures  notified,  referral 

judgment 

1994  (Case  C(cid:220)94/218), 
terminated  in  1997

Greece

Ireland

-(cid:217)92/0975,  no  measures  notified,  referral 

1994  (Case  C(cid:220)94/260), 
terminated  in  1997

judgment 

-(cid:217)92/0985,  no  measures  notified,  referral 

1994  (Case  C(cid:220)94/239), 
terminated  in  1997

judgment 

in
in  1995,

in
in  1996,

implementing  measures:

93/0097
Satellite  earth(cid:220)station  equipment
Member  States  which  have  notified 
DK,  D,  E,  F,  I,  L,  NL,  P,  FIN,  S,  UK
Belgium

-(cid:217)95/0399,  no  measures  notified, 

reasoned

opinion  in  1997

Greece

-(cid:217)95/0453,  no  measures  notified, 

reasoned

opinion  in  1997

Spain

-(cid:217)95/0479,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Ireland

-(cid:217)95/0524,  no  measures  notified, 

reasoned

opinion  in  1996

Italy

-(cid:217)95/0544,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Luxembourg -(cid:217)95/0567,  no  measures  notified, 

reasoned

opinion  in  1996

Netherlands -(cid:217)95/0588,  no  measures  notified, 

reasoned

opinion  in  1997

Portugal

-(cid:217)95/0605,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Austria

-(cid:217)96/0458,  no  measures  notified,  Art.  169  letter

in  1996

95/0047
Standards  for  the  transmission  of  television  signals
Member  States  which  have  notified 
none
Belgium

-(cid:217)95/0047,  no  measures  notified,  Art.  169  letter

implementing  measures:

Luxembourg -(cid:217)92/0994,  no  measures  notified,  referral 
1994  (Case  C(cid:220)94/221), 
terminated  in  1997

judgment 

in
in  1996,

in  1996

Denmark

-(cid:217)96/0882,  no  measures  notified,  Art.  169  letter

in  1996

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/129

United
Kingdom

-(cid:217)96/1072,  no  measures  notified,  Art.  169  letter

in  1996

Austria

-(cid:217)96/1089,  no  measures  notified,  Art.  169  letter

in  1996

96/0870
Use  of  standards  for  the  transmission  of  television  signals
Member  States  which  have  notified 
DK,  E,  L,  FIN,  UK
Belgium

-(cid:217)96/0870,  no  measures  notified,  Art.  169  letter

implementing  measures:

Greece

-(cid:217)96/0923,  no  measures  notified,  Art.  169  letter

in  1997

in  1996

Ireland

-(cid:217)96/0985,  no  measures  notified,  Art.  169  letter

in  1996

Portugal

-(cid:217)96/1054,  no  measures  notified,  Art.  169  letter

in  1996

France

-(cid:217)96/0966,  no  measures  notified,  Art.  169  letter

in  1996

Germany

-(cid:217)96/0899,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)96/0923,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)96/0946,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)96/0966,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)96/1021,  no  measures  notified,  Art.  169  letter

Ireland

-(cid:217)96/0985,  no  measures  notified,  Art.  169  letter

in  1996

in  1997

Germany

-(cid:217)96/0899,  no  measures  notified,  Art.  169  letter

in  1996

Italy

-(cid:217)96/1004,  no  measures  notified,  Art.  169  letter

in  1996

Spain

-(cid:217)96/0946,  no  measures  notified,  Art.  169  letter

in  1996

Italy

-(cid:217)96/1004,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)96/1021,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Netherlands -(cid:217)97/1034,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)96/1089,  no  measures  notified,  Art.  169  letter

Finland

-(cid:217)96/1113,  no  measures  notified,  Art.  169  letter

in  1997

in  1996

Sweden

-(cid:217)96/1127,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)96/1054,  no  measures  notified,  Art.  169  letter

in  1997

in  1996

Finland

-(cid:217)96/1113,  no  measures  notified,  Art.  169  letter

Netherlands -(cid:217)96/1034,  no  measures  notified,  Art.  169  letter

in  1996

implementing  measures:

95/0062
Open  network  provision  -  voice  telephony
Member  States  which  have  notified 
DK,  D,  E,  F,  IRL,  I,  NL,  A,  P,  FIN,  S,  UK
Belgium

-(cid:217)97/2226,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0053,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0066,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0080,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Ireland

-(cid:217)97/0090,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)97/0102,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)97/0111,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)97/0123,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0186,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)96/0458,  no  measures  notified,  Art.  169  letter

in  1996

in  1997

Sweden

-(cid:217)96/1127,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)96/1072,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

97/0013
Common  framework  for  general  authorisations  and  individual
licences
Member  States  which  have  notified 
F,  I,  FIN,  UK

implementing  measures:

97/0033
Interconnection
Member  States  which  have  notified 
F,  I,  A,  FIN,  UK

implementing  measures:

97/0051
Amendment  of  Directives  90/0387  and  92/0044
Member  States  which  have  notified 
FIN,  UK

implementing  measures:

Financial  services

77/0092
Freedom  of  establishment  -  insurance  brokers
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece

-(cid:217)91/0775,  not  properly  applied, 
opinion  in  1994,  terminated  in  1997

C  250/130

EN

Official  Journal  of  the  European  Communities

10.8.98

Spain

-(cid:217)95/4242,  not  properly  applied,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

90/0232
Third  Directive  on  insurance  for  motor  vehicles
Member  States  which  have  notified  implementing  measures:  all
in
Belgium

-(cid:217)93/0033,  no  measures  notified,  referral 
1997,  withdrawn  and  terminated  in  1997

84/0005
Second  Directive  on  motor(cid:220)vehicle  insurance
Member  States  which  have  notified  implementing  measures:  all
reasoned
Spain

-(cid:217)95/2048,  not  properly  applied, 

opinion  in  1996,  referral  scheduled  in  1998

91/0308
Money  laundering
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/2121,  not  properly  implemented,  reasoned
Austria
opinion  in  1996,  referral  scheduled  in  1998

85/0611
Undertakings  for  collective  investment
Member  States  which  have  notified  implementing  measures:  all
implemented
not 
United
(Gibraltar),  Art.  169  letter  in  1997,  reasoned
Kingdom
opinion  to  be  sent  in  1998

-(cid:217)96/2193, 

properly 

86/0635
Annual  accounts  of  banks
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/2021,  not  properly  applied,  Art.  169  letter
Italy

in  1996,  postponed  to  1997

United
Kingdom

-(cid:217)96/2191, 

not 

implemented
(Gibraltar),  Art.  169  letter  in  1997,  reasoned
opinion  to  be  sent  in  1998

properly 

88/0627
Major  holdings  in  a  listed  company
Member  States  which  have  notified  implementing  measures:  all
implemented
not 
United
(Gibraltar),  Art.  169  letter  in  1997,  reasoned
Kingdom
opinion  to  be  sent  in  1998

-(cid:217)96/2193, 

properly 

89/0298
Prospectuses  for  transferable  securities  on  offer  to  the  public
Member  States  which  have  notified  implementing  measures:  all
implemented
not 
United
(Gibraltar),  Art.  169  letter  in  1997,  reasoned
Kingdom
opinion  to  be  sent  in  1998

-(cid:217)96/2193, 

properly 

89/0592
Insider  dealing
Member  States  which  have  notified  implementing  measures:  all
implemented
not 
United
(Gibraltar),  Art.  169  letter  in  1997,  reasoned
Kingdom
opinion  to  be  sent  in  1998

-(cid:217)96/2193, 

properly 

91/0371
Implementation  of  the  agreement  between  the  EEC  and  Swit(cid:220)
zerland  on  insurance
Member  States  which  have  notified  implementing  measures:  all
except  E
Spain

-(cid:217)93/0917,  no  measures  notified,  referral 

in
1995  (Case  C(cid:220)360/95),  judgment  in  1997,  to
be  complied  with  in  1997

91/0674
Annual  accounts  of  insurance  undertakings
Member  States  which  have  notified  implementing  measures:  all
except  E
Spain

-(cid:217)94/0136,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  scheduled  in  1998

Italy

-(cid:217)94/0234,  no  measures  notified,  referral 

in

1996,  withdrawn  in  1997

92/0049
Third  Directive  on  insurance  other  than  life  assurance
Member  States  which  have  notified  implementing  measures:  all
except  E
Belgium

-(cid:217)95/2112,  not  properly  applied, 

reasoned

opinion  in  1997,  referral  scheduled  in  1998

Germany

-(cid:217)94/4124,  not  properly  applied,  Art.  169  letter

in  1994

Germany

-(cid:217)95/2108,  not  properly  applied,  Art.  169  letter
in  1996,  reasoned  opinion  to  be  sent  in  1998

Spain

-(cid:217)94/0140,  no  measures  notified,  referral 

in
1995  (Case  C(cid:220)361/95),  judgment  in  1997,  to
be  complied  with  in  1997

France

-(cid:217)95/2046,  not  properly  implemented,  reasoned

opinion  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/131

92/0096
Third  Directive  on  life  assurance
Member  States  which  have  notified  implementing  measures:  all
except  E
Spain

-(cid:217)94/0145,  no  measures  notified, 

reasoned

opinion  in  1994

France

-(cid:217)95/2046,  not  properly  implemented,  reasoned

opinion  in  1997

France

-(cid:217)95/2079,  not  properly  implemented,  reasoned

opinion  in  1997

93/0006
Capital  adequacy
Member  States  which  have  notified  implementing  measures:
Germany

-(cid:217)96/0034,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  (suspended)  in  1997

United
Kingdom

-(cid:217)96/2191, 

not 

implemented
(Gibraltar),  Art.  169  letter  in  1997,  reasoned
opinion  to  be  sent  in  1998

properly 

93/0022
Investment  services
Member  States  which  have  notified  implementing  measures:  all
except  D,  E,  L,  P
Germany

-(cid:217)95/0431,  partial  failure  to  notify  measures,
reasoned  opinion  in  1996,  referral  scheduled
in  1998

Greece

-(cid:217)95/0449,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Spain

-(cid:217)95/0475,  no  measures  notified, 

reasoned

opinion  in  1997,  referral  scheduled  in  1998

Luxembourg -(cid:217)95/0566,  partial  failure  to  notify  measures,
reasoned  opinion  in  1997,  referral  scheduled
in  1998

Austria

-(cid:217)96/0444,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Luxembourg -(cid:217)95/0572,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

United
Kingdom

-(cid:217)96/2191, 

not 

implemented
(Gibraltar),  Art.  169  letter  in  1997,  reasoned
opinion  to  be  sent  in  1998

properly 

95/0026
"Post(cid:220)BCCI’  Directive
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  EL,  E,  F,  IRL,  I,  L
Belgium

-(cid:217)96/0862,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Germany

-(cid:217)96/0890,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Greece

Spain

France

Ireland

Italy

-(cid:217)96/0916,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

-(cid:217)96/0941,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

-(cid:217)96/0958,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

-(cid:217)96/0980,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

-(cid:217)96/0999,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Luxembourg -(cid:217)96/1015,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent  in  1998

96/0010
"Netting’  Directive
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0929,  no  measures  notified,  Art.  169  letter
Greece

in  1996,  terminated  in  1997

Portugal

-(cid:217)95/0602,  no  measures  notified, 

reasoned

opinion  in  1997,  referral  scheduled  in  1998

-(cid:217)Company  law

United
Kingdom

-(cid:217)96/2193, 

not 

implemented
(Gibraltar),  Art.  169  letter  in  1997,  reasoned
opinion  to  be  sent  in  1998

properly 

94/0019
Deposit  guarantee  schemes
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0032,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  scheduled  in  1998

68/0151
First  Directive  on  company  law
Member  States  which  have  notified  implementing  measures:  all
except  UK
Germany

-(cid:217)90/0322,  not  properly  applied,  referral 

in

1995

Finland

-(cid:217)96/0558,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)97/2233,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

C  250/132

EN

Official  Journal  of  the  European  Communities

10.8.98

77/0091
Second  Directive  on  company  law
Member  States  which  have  notified  implementing  measures:  all
except  UK
Finland

-(cid:217)96/0560,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)97/2234,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

84/0253
Auditing  of  accounting  documents
Member  States  which  have  notified  implementing  measures:  all
except  I,  UK
Italy

-(cid:217)97/2016,  partial  failure  to  notify  measures,

reasoned  opinion  to  be  sent  in  1998

Italy

-(cid:217)97/4808,  not  properly  implemented,  Art.  169

letter  to  be  sent  in  1998

United
Kingdom

-(cid:217)97/2239,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

78/0660
Annual  accounts  of  companies
Member  States  which  have  notified  implementing  measures:  all
except  FIN,  UK
Germany

-(cid:217)90/0322,  not  properly  applied,  referral 

in

1995

Portugal

-(cid:217)96/2050,  not  properly  applied,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0561,  no  measures  notified,  Art.  169  letter

in  1996

United
Kingdom

-(cid:217)97/2235,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

78/0855
Company  mergers
Member  States  which  have  notified  implementing  measures:  all
except  UK
Finland

-(cid:217)96/0562,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)97/2236,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

82/0891
Division  of  companies
Member  States  which  have  notified  implementing  measures:  all
except  UK
United
Kingdom

-(cid:217)97/2237,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

83/0349
Consolidated  accounts  of  companies
Member  States  which  have  notified  implementing  measures:  all
except  FIN,  UK
Finland

-(cid:217)96/0567,  no  measures  notified,  Art.  169  letter

in  1996

89/0666
Disclosure  requirements  for  company  branches
Member  States  which  have  notified  implementing  measures:  all
except  UK
Finland

-(cid:217)96/0575,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)97/2240,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

89/0667
Single(cid:220)member  private  limited  companies
Member  States  which  have  notified  implementing  measures:  all
except  UK
Finland

-(cid:217)96/0576,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)97/2241,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

90/0604
Annual  accounts  -  consolidated  accounts  publication  in  ECUs
Member  States  which  have  notified  implementing  measures:  all
except  FIN,  UK
Finland

-(cid:217)96/0577,  no  measures  notified,  Art.  169  letter

in  1996

United
Kingdom

-(cid:217)97/2242,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

90/0605
Annual  accounts  -  consolidated  accounts  scope  of  application
Member  States  which  have  notified  implementing  measures:  all
except  D,  FIN,  UK
Germany

-(cid:217)93/0108,  no  measures  notified,  referral 

in

1997

Finland

-(cid:217)96/0578,  no  measures  notified,  Art.  169  letter

in  1996

United
Kingdom

-(cid:217)97/2238,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

United
Kingdom

-(cid:217)97/2243,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/133

92/0101
Maintenance  and  alteration  of  the  capital  of  public  limited(cid:220)
liability  companies
Member  States  which  have  notified  implementing  measures:  all
except  EL,  L,  UK
Greece

-(cid:217)no  measures  notified,  reasoned  opinion 

in

1996,  referral  scheduled  in  1998

Ireland

-(cid:217)94/0458,  no  measures  notified, 
opinion  in  1995,  terminated  in  1997

reasoned

Luxembourg -(cid:217)94/0473,  no  measures  notified, 

reasoned

opinion  in  1995,  referral  scheduled  in  1998

Finland

-(cid:217)96/0584,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)97/2244,  partial  failure  to  notify  measures,

Art.  169  letter  to  be  sent  in  1998

-(cid:217)Intellectual  and  industrial  property

France

-(cid:217)95/0102,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Ireland

-(cid:217)95/0114,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  (suspended)  in  1997

Italy

-(cid:217)95/0132,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Luxembourg -(cid:217)95/0147,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Portugal

-(cid:217)95/0177,  no  measures  notified, 

reasoned

opinion  in  1996,  to  be  terminated  in  1998

United
Kingdom

-(cid:217)95/0201,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

93/0098
Term  of  protection  of  copyright  and  certain  related  rights
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/0502,  no  measures  notified,  Art.  169  letter
France

in  1995,  terminated  in  1997

Luxembourg -(cid:217)95/0568,  no  measures  notified,  Art.  169  letter
in  1995,  terminated  in  1997

Portugal

-(cid:217)95/0606,  no  measures  notified, 

reasoned

opinion  in  1996,  to  be  terminated  in  1998

91/0250
Legal  protection  of  computer  programs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/4459,  not  properly  implemented,  Art.  169
United
letter  in  1995,  reasoned  opinion  to  be  sent  in
Kingdom
1998

-(cid:217)Public  procurement

92/0100
Rental  and  lending  right
Member  States  which  have  notified  implementing  measures:  all
except  IRL
Ireland

-(cid:217)94/0855,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  (suspended) 
in
1997

Luxembourg -(cid:217)94/0894,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Portugal

-(cid:217)94/0927,  no  measures  notified, 

reasoned

opinion  in  1996,  to  be  terminated  in  1998

United
Kingdom

-(cid:217)94/0952,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

93/0083
Copyright  relating  to  satellite  broadcasting  and  cable  retrans(cid:220)
mission
Member  States  which  have  notified  implementing  measures:  all
except  D,  IRL,  P
Germany

-(cid:217)95/0047,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  to  be  sent  in  1998

Greece

-(cid:217)95/0065,  no  measures  notified, 

reasoned

88/0295
Public  supply  contracts  (amending  Directive  77/0062)
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/2104,  not  properly  implemented,  reasoned
Portugal
opinion  in  1996,  referral  decided  in  1997

89/0440
Public  works  contracts  (amending  Directive  71/0305)
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/2156,  not  properly  implemented,  reasoned
Belgium
1995,

suspended 

opinion 
1994, 
supplementary  Art.  169  letter  in  1996

in 

in 

89/0665
Public  contracts  -  review  procedures
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/2044,  not  properly  implemented,  reasoned
Germany

opinion  in  1996,  referral  scheduled  in  1998

opinion  in  1996

C  250/134

EN

Official  Journal  of  the  European  Communities

10.8.98

Greece

-(cid:217)92/0271,  no  measures  notified,  referral 

in
1995  (Case  C(cid:220)95/236),  judgment  in  1996,  to
be  terminated  in  1997

Greece

-(cid:217)94/2153,  not  properly  implemented,  reasoned

opinion  in  1995,  referral  in  1996

Spain

-(cid:217)95/2054,  not  properly  implemented,  reasoned

opinion  in  1997

Portugal

-(cid:217)94/2236,  not  properly  implemented,  reasoned
in  1995,  supplementary  Art.  169
opinion 
letter/reasoned  opinion  in  1996,  referral  in
1997

Sweden

-(cid:217)96/2057,  not  properly  implemented,  Art.  169

letter  in  1997

France

-(cid:217)93/0744,  no  measures  notified,  referral 
1995  (Case  C(cid:220)95/234),  judgment  in  1996

in

France

-(cid:217)95/2073,  not  properly  implemented,  reasoned

opinion  in  1995,  terminated  in  1997

Italy

-(cid:217)97/4522,  not  properly  implemented,  Art.  169

letter  to  be  sent  in  1997

Austria

-(cid:217)97/2011,  partial  failure  to  notify  measures,
Art.  169  letter  in  1997,  reasoned  opinion  to  be
sent  in  1998

Portugal

-(cid:217)95/2235,  not  properly  implemented,  reasoned

opinion  to  be  sent  in  1998

Sweden

-(cid:217)96/2310,  not  properly  implemented,  Art.  169

letter  in  1997

90/0531
Public  contracts  -  excluded  sectors
Member  States  which  have  notified  implementing  measures:  all
(EL  and  P:  exemption  until  1998)
United
Kingdom

-(cid:217)94/2054,  not  properly  implemented,  Art.  169

letter  in  1995,  terminated  in  1997

92/0013
Public  contracts  -  review  procedures  (excluded  sectors)
Member  States  which  have  notified  implementing  measures:  all
except  A  (EL  and  P:  exemption  until  1997)
Germany

-(cid:217)95/2061,  not  properly  implemented,  Art.  169

letter  in  1996

France

-(cid:217)95/2082,  not  properly  implemented,  reasoned

opinion  in  1995,  referral  in  1997

Italy

-(cid:217)95/2071,  not  properly  implemented,  reasoned

opinion  in  1996

Austria

-(cid:217)97/2011,  partial  failure  to  notify  measures,
Art.  169  letter  in  1997,  reasoned  opinion  to  be
sent  in  1998

Sweden

-(cid:217)96/2183,  not  properly  implemented,  Art.  169

letter  in  1997

United
Kingdom

-(cid:217)95/2084,  not  properly  implemented,  reasoned

opinion  in  1996

92/0050
Public  service  contracts
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  EL,  F,  A
Belgium

-(cid:217)93/0628,  no  measures  notified, 
opinion  in  1995,  referral  in  1996

reasoned

Belgium

-(cid:217)94/2289,  not  properly  implemented,  reasoned

opinion  in  1996

Germany

-(cid:217)93/0676,  no  measures  notified, 

reasoned
(Case

in  1995 

opinion 
in  1994,  referral 
C(cid:220)243/95),  judgment  in  1996

Greece

-(cid:217)93/0711,  no  measures  notified,  referral 

in
1995  (Case  C(cid:220)95/311), 
in  1996,
Art.(cid:217)169  letter  in  1997,  reasoned  opinion  to
be  sent  in  1998

judgment 

93/0036
Public  supply  contracts
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  F,  I
Belgium

-(cid:217)94/0626,  no  measures  notified, 
opinion  in  1995,  referral  in  1996

reasoned

Belgium

-(cid:217)94/2289,  not  properly  implemented,  reasoned

opinion  in  1996

Germany

-(cid:217)94/0650,  no  measures  notified, 

reasoned
(Case

in  1996 

opinion 
in  1995,  referral 
C(cid:220)341/96),  judgment  in  1997

Spain

-(cid:217)96/2104,  not  properly  implemented,  Art.  169

letter  to  be  sent  in  1998

France

France

-(cid:217)94/0677,  no  measures  notified, 
opinion  in  1995,  referral  in  1995

reasoned

-(cid:217)95/2073,  not  properly  implemented,  reasoned
opinion  in  1995,  referral  in  1996,  judgment  in
1997,  terminated  in  1997

Italy

-(cid:217)94/0722,  no  measures  notified, 

reasoned
(Case

in  1996 

in  1994,  referral 
opinion 
C(cid:220)43/97),  judgment  in  1997

Portugal

-(cid:217)94/2236,  not  properly  implemented,  reasoned
opinion  in  1996,  referral  scheduled  in  1998

Sweden

-(cid:217)95/2251,  not  properly  implemented,  Art.  169

letter  in  1997

93/0037
Public  works  contracts
Spain

-(cid:217)96/2105,  not  properly  implemented,  Art.  169

letter  to  be  sent  in  1998

Italy

-(cid:217)94/4576,  not  properly  implemented,  reasoned

opinion  in  1996

Portugal

-(cid:217)95/2149,  not  properly  implemented,  referral

scheduled  in  1998

Sweden

-(cid:217)95/2311,  not  properly  implemented,  Art.  169

letter  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/135

93/0038
Public  contracts  -  excluded  sectors
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  E,  A
(E:  exemption  until  1997,  EL  and  P:  exemption  until  1998)
-(cid:217)94/0783,  no  measures  notified,  referral 
Belgium

in

1996

Germany

-(cid:217)94/0811,  no  measures  notified, 
opinion  in  1996,  referral  in  1995

reasoned

Spain

-(cid:217)97/0213,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

France

Austria

-(cid:217)94/0838,  no  measures  notified, 

reasoned
opinion  in  1995,  referral  in  1996,  judgment  in
1997,  terminated  in  1997

-(cid:217)97/2011,  partial  failure  to  notify  measures,
Art.  169  letter  in  1997,  reasoned  opinion  to  be
sent  in  1998

Sweden

-(cid:217)96/2181,  not  properly  implemented,  Art.  169

letter  in  1997

United
Kingdom

-(cid:217)94/0957,  no  measures  notified, 
opinion  in  1995,  terminated  in  1997

reasoned

-(cid:217)Removal  of  tax  barriers

Direct  taxation

69/0335
Tax  system  -  Indirect  taxes  on  the  raising  of  capital
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)91/2193,  not  properly  implemented,  reasoned
Greece

opinion  in  1996

Italy

-(cid:217)94/5101,  not  properly  implemented,  Art.  169

letter  in  1997,  to  be  terminated  in  1998

77/0799
Tax  system  -  Mutual  assistance  -  direct  taxes
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/2196,  not  properly  implemented,  Art.  169
United
Kingdom

letter  in  1997,  to  be  terminated  in  1998

90/0434
Tax  system  -  Company  mergers  and  divisions
Member  States  which  have  notified  implementing  measures:  all
except  EL
Greece

-(cid:217)92/0603,  no  measures  notified, 

reasoned
(Case

in  1997 

opinion 
C(cid:220)8/97)

in  1994,  referral 

Indirect  taxation

69/0169
Tax(cid:220)free  allowances  for  travellers
Member  States  which  have  notified  implementing  measures:  all
reasoned
Portugal

-(cid:217)91/2015,  not  properly  applied, 
opinion  in  1995,  terminated  in  1997

77/0388
Sixth  VAT  Directive
Member  States  which  have  notified  implementing  measures:  all
reasoned
Germany

-(cid:217)93/2142,  not  properly  applied, 

opinion  in  1996

Greece

-(cid:217)88/0199,  not  properly  applied, 

reasoned

opinion  in  1989

Greece

Greece

-(cid:217)91/0778,  not  properly  applied,  referral 
1994  (Case  C(cid:220)94/331),  terminated  in  1997

in

-(cid:217)92/2233,  not  properly  applied, 
opinion  in  1995,  terminated  in  1997

reasoned

Spain

-(cid:217)90/0033,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/414)

Spain

-(cid:217)92/2073,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/124)

Spain

-(cid:217)92/2232,  not  properly  applied, 
opinion  in  1995,  terminated  in  1997

reasoned

Spain

-(cid:217)94/4684,  not  properly  applied, 

reasoned

opinion  in  1996

France

-(cid:217)88/0053,  not  properly  applied,  judgment  in
1993  (Case  C(cid:220)92/68),  supplementary  Art.  171
letter  in  1996

France

-(cid:217)88/0213,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/276)

France

-(cid:217)91/0706,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/043)

France

France

-(cid:217)91/0798,  not  properly  applied, 
opinion  in  1994,  terminated  in  1997

reasoned

-(cid:217)92/2069,  not  properly  applied,  referral 
1996  (Case  C(cid:220)96/060),  terminated  in  1997

in

France

-(cid:217)93/4391,  not  properly  applied, 

reasoned

opinion  in  1996

Ireland

-(cid:217)88/0200,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/358)

Italy

Italy

Italy

Italy

-(cid:217)92/2002,  not  properly  applied,  referral 
1995  (Case  C(cid:220)95/45),  terminated  in  1997

in

-(cid:217)92/2242,  not  properly  applied, 

reasoned

opinion  in  1996

-(cid:217)92/2259,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/101)

-(cid:217)95/2038,  not  properly  applied, 
opinion  in  1996,  terminated  in  1997

reasoned

C  250/136

EN

Official  Journal  of  the  European  Communities

10.8.98

Luxembourg -(cid:217)91/0738,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/152)

Netherlands -(cid:217)88/0201,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/408)

Netherlands -(cid:217)92/2241,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/310)

Netherlands -(cid:217)94/2100,  not  properly  applied, 
opinion  in  1997

reasoned

Portugal

Portugal

-(cid:217)90/0084,  not  properly  applied, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)92/2074,  not  properly  applied, 
opinion  in  1994,  terminated  in  1997

reasoned

Portugal

-(cid:217)93/2141,  not  properly  applied, 

reasoned

opinion  in  1996

United
Kingdom

-(cid:217)88/0202,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/359)

79/1072
Eighth  VAT  Directive
Member  States  which  have  notified  implementing  measures:  all
reasoned
France

-(cid:217)92/4607,  not  properly  applied, 

opinion  in  1996

89/0465
18th  VAT  Directive
Member  States  which  have  notified  implementing  measures:  all
reasoned
Italy

-(cid:217)92/2242,  not  properly  applied, 

opinion  in  1996

Netherlands -(cid:217)92/2241,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/310)

92/0012
Arrangements  for  products  subject  to  excise  duty
Member  States  which  have  notified  implementing  measures:  all
reasoned
Belgium

-(cid:217)94/4860,  not  properly  applied, 

opinion  in  1997

France

-(cid:217)95/2151,  not  properly  applied, 

reasoned

opinion  in  1997

92/0077
Approximation  of  VAT  rates
Member  States  which  have  notified  implementing  measures:  all
reasoned
Portugal

-(cid:217)94/2178,  not  properly  applied, 

opinion  in  1997

92/0083
Excise  duty  on  alcohol
Member  States  which  have  notified  implementing  measures:  all
reasoned
France

-(cid:217)95/2151,  not  properly  applied, 

opinion  in  1997

92/0084
Excise  duty  on  alcohol
Member  States  which  have  notified  implementing  measures:  all
reasoned
France

-(cid:217)95/2019,  not  properly  applied, 
opinion  in  1996,  terminated  in  1997

France

-(cid:217)95/2151,  not  properly  applied, 

reasoned

opinion  in  1997

95/0007
VAT  -  simplification  measures  -  application  of  certain
exemptions
Member  States  which  have  notified  implementing  measures:  all
except  D
Italy

-(cid:217)96/0308,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Austria

-(cid:217)96/0476,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Germany

-(cid:217)97/0570,  no  measures  notified,  Art.  169  letter

in  1997

95/0059
Tobacco  consolidation  directives
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece

-(cid:217)94/4034,  not  properly  applied, 

opinion  in  1997

96/0042
VAT  -  horticulture  and  floriculture
Member  States  which  have  notified  implementing  measures:  all
except  EL
Belgium

-(cid:217)96/0876,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Denmark

-(cid:217)96/0886,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Germany

-(cid:217)96/0907,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)96/0933,  no  measures  notified, 

reasoned

opinion  in  1997

Spain

-(cid:217)96/0951,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

France

-(cid:217)96/0973,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Ireland

-(cid:217)96/0993,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Luxembourg -(cid:217)96/1028,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

Austria

-(cid:217)96/1099,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/137

Portugal

-(cid:217)96/1063,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/1133,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)96/1075,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

96/0095
Standard  rate  of  VAT
Member  States  which  have  notified  implementing  measures:  all
except  F
Denmark

-(cid:217)97/0202,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)97/0209,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)97/0222,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0228,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)97/0231,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)97/0236,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Austria

-(cid:217)97/0246,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)97/0259,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

87/0102
Consumer  credit
Member  States  which  have  notified  implementing  measures:  all

88/0315
Amendment  of  Directive  79/0581  -  Indication  of  the  prices  of
foodstuffs
Member  States  which  have  notified  implementing  measures:  all
Luxembourg -(cid:217)93/2045,  not  properly  implemented,  Art.(cid:217)169

letter  in  1994

90/0088
Consumer  credit
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/0242,  no  measures  notified,  terminated  in
France

1977

United
Kingdom

-(cid:217)94/2069,  not  properly  applied,  Art.  169  letter

in  1997

90/0314
Package  tours
Member  States  which  have  notified  implementing  measures:  all
Netherlands -(cid:217)93/2183,  not  properly  implemented,  reasoned

opinion  to  be  sent  in  1997

2.(cid:217)CONSUMER  PROTECTION  AND  PRODUCT  SAFETY

79/0581
Indication  of  the  prices  of  foodstuffs
Member  States  which  have  notified  implementing  measures:  all
Luxembourg -(cid:217)93/2045,  not  properly  implemented,  Art.  169

letter  in  1994

92/0059
General  product  safety
Member  States  which  have  notified 
B,  DK,  D,  EL,  E,  F,  IRL,  I,  NL,  A,  P,  FIN,  S,  UK
Germany

-(cid:217)94/0648,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1994,  terminated  in  1997

Ireland

-(cid:217)94/0710,  no  measures  notified,  Art.  169  letter
in  1994,  reasoned  opinion  in  1996,  terminated
in  1997

Luxembourg -(cid:217)94/0733,  no  measures  notified,  Art.  169  letter
in  1994,  reasoned  opinion  in  1996,  terminated
in  1997

93/0013
Unfair  contract  terms
Member  States  which  have  notified 
B,  DK,  D,  EL,  F,  IRL,  I,  L,  NL,  A,  P,  FIN,  S,  UK
Spain

implementing  measures:

-(cid:217)95/0079,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral  in
1997

85/0577
Contracts  negotiated  away  from  business  premises
Belgium

-(cid:217)91/0212, 

properly 

not 

terminated  in  1997

letter  in  1997

Luxembourg -(cid:217)93/2047, 

not 

properly 

implemented,

Belgium

-(cid:217)97/2171,  not  properly  implemented,  Art.  169

terminated  in  1997

letter  in  1997,  reasoned  opinion  in  1997

implemented,

Netherlands -(cid:217)97/2170,  not  properly  implemented,  Art.  169

C  250/138

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10.8.98

implementing  measures:

94/0047
Time(cid:220)sharing
Member  States  which  have  notified 
DK,  D,  IRL,  NL,  A,  P,  S,  UK
Belgium

-(cid:217)97/0260,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0305,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0323,  no  measures  notified,  Art.  169  letter

in  1997

96/0019
Full  opening  to  competition
Member  States  which  have  not  notified  all 
measures:
Spain

-(cid:217)97/2108,  Art.  169  letter  in  1997

Germany

-(cid:217)97/4646,  Art.  169  letter  in  1997

Portugal

-(cid:217)95/2219,  Art.  169  letter  in  1997

Greece

-(cid:217)97/2221,  Art.  169  letter  in  1997

Denmark

-(cid:217)97/2223,  Art.  169  letter  in  1997

implementing

France

-(cid:217)97/0338,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)97/2224,  Art.  169  letter  in  1997

in  1997

Italy

-(cid:217)97/0369,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0382,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0439,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/2225,  Art.  169  letter  in  1997

Belgium

-(cid:217)97/2226,  Art.  169  letter  in  1997

3.(cid:217)COMPETITION

4.(cid:217)SOCIAL  AFFAIRS  AND  EMPLOYMENT

64/0221
Public  policy  and  public  health
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)91/4686,  not  properly  applied,  Art.  169  letter
Germany
in  1992,  reasoned  opinion  in  1996,  referral
scheduled

90/0388
Competition  in  the  markets  for  telecommunications  services
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece
(Case  94/281),

-(cid:217)91/0352,  no  measures  notified, 

in  1994 

opinion,  referral 
terminated  in  1997

68/0360
Abolition  of  restrictions  on  movement  and  residence  of  workers
and  their  families
Germany

-(cid:217)90/0275,  not  properly  implemented,  Art.  169
in  1995,
in  1990,  reasoned  opinion 

letter 
referral  in  1997,  Case  C(cid:220)24/97

93/0084
Transparency  of  financial  relations  between  Member  States  and
public  undertakings
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/2253,  not  properly  applied,  Art.  169  letter
Greece

notified  in  November  1997

94/0046
Satellite  communications
Member  States  which  have  notified  implementing  measures:  all
except  L
Greece

-(cid:217)95/0463,  no  measures  notified,  terminated  in

1997

Spain

-(cid:217)95/0489,  no  measures  notified,  terminated  in

1997

Ireland

-(cid:217)95/0530,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

Italy

-(cid:217)95/0553,  reasoned  opinion, 

terminated 

in

1997

Luxembourg -(cid:217)95/0576,  no  measures  notified, 

reasoned

opinion  in  1997

72/0194
Right  to  reside  in  the  Member  States
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/0275,  not  properly  implemented,  Art.  169
Germany
in  1995,
in  1990,  reasoned  opinion 

letter 
referral  in  1997  (Case  C(cid:220)24/97)

75/0117
Equal  pay  for  men  and  women
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece

-(cid:217)91/4668,  not  properly  applied, 
opinion  in  1995,  referral  scheduled

75/0129
Collective  redundancies
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)89/0536,  not  properly  implemented,  referral
United
in  1992  (Case  C(cid:220)383/92),  judgment  in  1994,
Kingdom
Art.  171  letter  in  1996

10.8.98

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C  250/139

76/0207
Equal  treatment  of  men  and  women
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)89/0458,  not  properly  applied,  judgment  in
Belgium
1993  (Case  C(cid:220)173/91),  Art.  171  reasoned
opinion  in  1995

Belgium

France

France

-(cid:217)90/2223,  not  properly  applied,  Art.  169  letter
in  1994,  reasoned  opinion  in  1994,  terminated
in  1997

-(cid:217)90/0445,  no  measures  notified,  Art.  171  letter
in  1990,  Art.  171  reasoned  opinion  in  1995,
terminated  in  1997

-(cid:217)90/2109,  not  properly  applied,  Art.  169  letter
in  1993,  reasoned  opinion  in  1994,  referral  in
1996  (Case  C(cid:220)197/96),  Art.  171  letter  to  be
sent  in  1997

Italy

-(cid:217)90/2226,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/207)

77/0187
Safeguarding  of  employees’  rights  in  the  event  of  the  transfer  of
firms
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)89/0537,  not  properly  implemented,  referral
United
in  1992  (Case  C(cid:220)382/92),  judgment  in  1994,
Kingdom
Art.  171  letter  in  1996

79/0007
Equal  treatment  in  social  security
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece

-(cid:217)91/4668,  not  properly  applied, 
opinion  in  1995,  referral  scheduled

80/0987
Protection  of  workers  -  insolvency  of  employers
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)86/0116,  not  properly  implemented,  judgment
Greece
in  1990  (Case  C(cid:220)53/88),  Art.  171  letter  in
1993,  Art.  171  reasoned  opinion  to  be  sent  in
1997

86/0378
Equal  treatment  of  men  and  women
Member  States  which  have  notified 
D,  EL,  E,  F,  IRL,  I,  A,  P,  FIN,  S,  UK

implementing  measures:

89/0654
Health  and  safety  at  the  workplace
Member  States  which  have  notified  implementing  measures:  all
in
Spain
in  1996,

-(cid:217)93/0207,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/079), 
terminated  in  1997

89/0655
Health  and  safety  -  work  equipment
Member  States  which  have  notified  implementing  measures:  all
in
Spain
in  1996,

-(cid:217)93/0206,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/079), 
terminated  in  1997

89/0656
Personal  protective  equipment
Member  States  which  have  notified  implementing  measures:  all
in
Spain
in  1996,

-(cid:217)93/0205,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/079), 
terminated  in  1997

90/0269
Health  and  safety  of  workers
Member  States  which  have  notified  implementing  measures:  all
in
Spain
in  1996,

-(cid:217)93/0199,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/079), 
terminated  in  1997

90/0270
Health  and  safety  -  display  screen  equipment
Member  States  which  have  notified  implementing  measures:  all
in
Spain
in  1996,

-(cid:217)93/0198,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/079), 
terminated  in  1997

90/0394
Protection  of  workers  -  carcinogens
Member  States  which  have  notified  implementing  measures:  all
in
Spain
in  1996,

-(cid:217)93/0195,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/079), 
terminated  in  1997

90/0679
Risks  relating  to  exposure  to  biological  agents  at  work
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/0005,  no  measures  notified,  Art.  169  letter
Belgium
in  1994,  reasoned  opinion  in  1997,  terminated
in  1997

Spain

-(cid:217)94/0133,  no  measures  notified,  Art.  169  letter
in  1994,  reasoned  opinion  in  1997,  terminated
in  1997

91/0382
Protection  of  workers  (asbestos)
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0262,  no  measures  notified,  Art.  169  letter
Greece
in  1996,  reasoned  opinion  in  1997,  terminated
in  1997

C  250/140

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10.8.98

91/0383
Health  and  safety  of  temporary  workers
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/0023,  no  measures  notified,  Art.  169  letter
Belgium

in  1993,  terminated  in  1997

Greece

-(cid:217)93/0147,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

92/0058
Safety  and/or  health  signs  at  work
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/0624,  no  measures  notified,  Art.  169  letter
Belgium
in  1994,  reasoned  opinion  in  1996,  terminated
in  1997

Spain

-(cid:217)94/0661,  no  measures  notified,  Art.  169  letter
in  1994,  reasoned  opinion  in  1996,  terminated
in  1997

91/0533
Obligation  to  inform  employees  of  the  conditions  applicable  to
the  employment  relationship
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/0787,  no  measures  notified,  Art.  169  letter
Italy
in  1993,  reasoned  opinion  in  1996,  terminated
in  1997

92/0029
Health  and  safety  on  board  ships
Member  States  which  have  notified  implementing  measures:  all
except  B,  IRL,  L
Belgium

-(cid:217)95/0012,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral  in
1997  (Case  C(cid:220)411/97)

Ireland

-(cid:217)95/0109,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral  in
1997  (Case  C(cid:220)357/97)

Luxembourg -(cid:217)95/0142,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  to  be  sent  in  1996,
referral  in  1997  (Case  C(cid:220)410/97)

92/0056
Collective  redundancies
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/0854,  no  measures  notified,  Art.  169  letter
Ireland

in  1995,  terminated  in  1997

United
Kingdom

-(cid:217)94/0951,  not  properly  implemented,  Art.  169
letter  in  1995,  case  dealt  with  under  89/0536
(see  Directive  75/0129)

92/0085
Safety  and  health  at  work  of  pregnant  workers  and  workers
who  have  recently  given  birth  or  are  breastfeeding
Member  States  which  have  notified  implementing  measures:  all
except  EL,  L
Greece

-(cid:217)95/0055,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral
scheduled

France

-(cid:217)95/0091,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Italy

-(cid:217)95/0126,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

Luxembourg -(cid:217)95/0143,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral  in
1997  (Case  C(cid:220)409/97)

92/0091
Protection  of  workers  in  extracting  industries  by  drilling
Member  States  which  have  notified  implementing  measures:  all
except  IRL
Belgium

-(cid:217)95/0014,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

Ireland

Italy

-(cid:217)95/0110,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral  in
1997  (Case  C(cid:220)352/97),  to  be  terminated  in
1998

-(cid:217)95/0127,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

92/0057
Minimum  safety  and  health  requirements  at  temporary  or
mobile  construction  sites
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/0013,  no  measures  notified,  Art.  169  letter
Belgium
in  1994,  reasoned  opinion  in  1996,  terminated
in  1997

92/0104
Health  and  safety  of  workers  in  underground  and  open  cast
mining  industries
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/0016,  no  measures  notified,  Art.  169  letter
Belgium
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

10.8.98

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C  250/141

-(cid:217)95/0078,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

Ireland

-(cid:217)96/0108,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  referral  in
1997  (Case  C(cid:220)364/97)

Spain

Ireland

Italy

-(cid:217)95/0112,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral  in
1997  (Case  C(cid:220)353/97),  to  be  terminated  in
1998

-(cid:217)95/0129,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

93/0104
Reorganisation  of  working  time
Member  States  which  have  notified  implementing  measures:  all
except  EL,  F,  I,  L,  P,  UK
Greece

-(cid:217)97/0046,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

France

-(cid:217)97/0074,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Ireland

-(cid:217)97/0083,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)97/0095,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Luxembourg -(cid:217)97/0106,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Austria

-(cid:217)97/0135,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

93/0088
Risks  relating  to  exposure  to  biological  agents  at  work
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)94/0521,  no  measures  notified,  Art.  169  letter
in  1994,  reasoned  opinion  in  1996,  referral
scheduled

Spain

-(cid:217)94/0554,  no  measures  notified,  Art.  169  letter
in  1994,  reasoned  opinion  in  1997,  terminated
in  1997

Portugal

-(cid:217)96/0174,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)97/0145,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1997,  reasoned  opinion  to  be  sent

United
Kingdom

-(cid:217)97/0180,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

93/0103
Health  and  safety  on  board  fishing  vessels
Member  States  which  have  notified  implementing  measures:  all
except  B,  IRL,  I
Belgium

-(cid:217)96/0003,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  referral
scheduled

Germany

-(cid:217)96/0036,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  terminated
in  1997

Spain

Italy

-(cid:217)96/0070,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  terminated
in  1997

-(cid:217)96/0127,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  referral
scheduled

Portugal

-(cid:217)96/0175,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)96/0196,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

94/0033
Protection  of  young  people  at  work
Member  States  which  have  notified  implementing  measures:  all
except  EL,  F,  I,  L,  A,  P,  UK
Greece

-(cid:217)96/0909,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

France

-(cid:217)96/0952,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Italy

-(cid:217)96/0994,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  in  1997,  referral
scheduled

Luxembourg -(cid:217)96/1011,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Austria

-(cid:217)96/1076,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)96/1038,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  in  1997,  terminated
in  1997

C  250/142

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10.8.98

Sweden

-(cid:217)96/1118,  no  measures  notified,  Art.  169  letter

Austria

-(cid:217)97/0139,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997

United
Kingdom

-(cid:217)96/1064,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)97/0150,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

in  1997,  terminated  in  1997

Sweden

-(cid:217)97/0171,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

94/0044
Electrical  equipment  for  use  in  explosive  atmospheres
Member  States  which  have  notified  implementing  measures:  all
except  EL
Greece

-(cid:217)95/0684,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1997

Spain

-(cid:217)95/0689,  no  measures  notified,  Art.  169  letter

in  1995,  to  be  terminated  in  1998

Italy

-(cid:217)95/0704,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

94/0045
European  Works  Council
Member  States  which  have  notified  implementing  measures:  all
except  L,  P
Luxembourg -(cid:217)96/1012,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

96/0097
Equal  treatment  for  men  and  women  in  occupational  social
security  schemes
Member  States  which  have  notified 
IRL,  A,  P,  S,  UK
Belgium

-(cid:217)97/0273,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997,  reasoned  opinion  to  be  sent

Denmark

-(cid:217)97/0291,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Germany

-(cid:217)97/0303,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Greece

-(cid:217)97/0320,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Spain

-(cid:217)97/0336,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)96/1038,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1997

France

-(cid:217)97/0354,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

95/0030
Risks  relating  to  exposure  to  biological  agents  at  work
Member  States  which  have  notified  implementing  measures:  all
except  D,  IRL,  I,  L,  A
Germany

-(cid:217)97/0036,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0367,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)97/0380,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Luxembourg -(cid:217)97/0396,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Greece

-(cid:217)97/0051,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Netherlands -(cid:217)97/0409,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Spain

-(cid:217)97/0065,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)97/0423,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)97/0078,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)97/0438,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)97/0088,  no  measures  notified,  Art.  169  letter

Finland

in  1997,  reasoned  opinion  to  be  sent

-(cid:217)97/0448,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Italy

-(cid:217)97/0100,  no  measures  notified,  Art.  169  letter

Sweden

-(cid:217)97/0460,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

in  1997,  terminated  in  1997

Luxembourg -(cid:217)97/0110,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

United
Kingdom

-(cid:217)97/0476,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/143

5.(cid:217)AGRICULTURE

Austria

-(cid:217)96/0363,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

64/0433
Health  problems  -  trade  in  meat
Member  States  which  have  notified  implementing  measures:  all
in
Germany

-(cid:217)93/2097,  not  properly  applied,  referral 

1996  (Case  C(cid:220)96/102)

Finland

-(cid:217)96/0856,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

66/0400
Beet  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0855,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

66/0401
Fodder(cid:220)plant  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0854,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

66/0402
Cereal  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0853,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

66/0403
Seed  potatoes
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0852,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

69/0061
Beet  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0851,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

69/0062
Seed  potatoes
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0362,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0850,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

69/0063
Fodder(cid:220)plant  seed
Member  States  which  have  notified  implementing  measures:  all

69/0208
Seed  of  oil  and  fibre  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0849,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

69/0464
Control  of  potato  wart  disease
Member  States  which  have  notified  implementing  measures:  all
reasoned
Austria

-(cid:217)96/0365,  no  measures  notified, 

opinion  in  1997,  to  be  terminated  in  1998

Finland

-(cid:217)96/0848,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

69/0465
Control  of  potato  cyst  eelworm
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0366,  no  measures  notified, 

reasoned

opinion  in  1997

Finland

-(cid:217)96/0847,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

69/0466
Control  of  San  Jos~  scale
Member  States  which  have  notified  implementing  measures:  all
reasoned
Austria

-(cid:217)96/0367,  no  measures  notified, 

opinion  in  1997,  to  be  terminated  in  1998

70/0373
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0846,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

70/0457
Common  catalogue  of  varieties  of  plant  species
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0368,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0845,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

C  250/144

EN

Official  Journal  of  the  European  Communities

10.8.98

70/0458
Vegetable  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0844,  no  measures  notified,  Art.  169  letter
Finland

72/0168
Vegetable  varieties
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0371,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

70/0524
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0843,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

71/0118
Health  problems  -  trade  in  poultry  meat
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0842,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

71/0161
Forest  reproductive  material
Member  States  which  have  notified  implementing  measures:  all
reasoned
Sweden

-(cid:217)96/0546,  no  measures  notified, 

opinion  in  1997,  to  be  terminated  in  1998

71/0162
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0841,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

71/0250
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0840,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

71/0285
Health  problems  -  trade  in  animals
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0547,  no  measures  notified,  Art.  169  letter
Sweden

in  1996,  terminated  in  1997

71/0393
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0839,  no  measures  notified,  Art.  169  letter
Finland

Finland

-(cid:217)96/0838,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

72/0180
Agricultural  varieties
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0373,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0837,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

72/0199
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0836,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

72/0274
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0835,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

72/0418
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0833,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

73/0046
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0831,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

73/0047
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0545,  no  measures  notified,  Art.  169  letter
Sweden

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0830,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/145

73/0438
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0829,  no  measures  notified,  Art.  169  letter
Finland

75/0502
Meadowgrass  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0823,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

74/0013
Forest  reproductive  material
Member  States  which  have  notified  implementing  measures:  all
reasoned
Sweden

-(cid:217)96/0544,  no  measures  notified, 

opinion  in  1997,  to  be  terminated  in  1998

76/0331
Beet  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0822,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

74/0063
Feedingstuffs  -  undesirable  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0828,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

76/0371
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0821,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

74/0203
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0827,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

76/0372
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0820,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

74/0268
Fodder(cid:220)plant  and  cereal  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0826,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

76/0895
Pesticide  residues  in  fruit  and  vegetables
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0819,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

74/0647
Control  of  carnation  leaf(cid:220)rollers
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0375,  no  measures  notified,  Art.  169  letter

in  1996

76/0934
Feedingstuffs  -  undesirable  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0818,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

75/0084
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0825,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

77/0096
Health  problems  -  import  of  meat
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0543,  no  measures  notified,  Art.  169  letter
Sweden

in  1996,  terminated  in  1997

75/0444
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0824,  no  measures  notified,  Art.  169  letter
Finland

77/0099
Health  problems  -  meat  products
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0815,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

C  250/146

EN

Official  Journal  of  the  European  Communities

10.8.98

77/0101
Straight  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0814,  no  measures  notified,  Art.  169  letter
Finland

78/0692
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0807,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

77/0504
Pure(cid:220)bred  cattle  for  breeding
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0380,  no  measures  notified, 

reasoned

opinion  in  1997

78/0816
Seed  potatoes
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0383,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

78/0055
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0813,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

78/1020
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0806,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

78/0386
Fodder(cid:220)plant  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0812,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

79/0117
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0805,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

78/0387
Cereal  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0811,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

79/0372
Straight  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0804,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

78/0388
Seed  of  oil  and  fibre  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0810,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

79/0373
Compound  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0803,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

78/0511
Fodder(cid:220)plant  and  cereal  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0809,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

79/0641
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0802,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

78/0633
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0808,  no  measures  notified,  Art.  169  letter
Finland

79/0692
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0801,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/147

79/0700
Pesticides  in  fruit  and  vegetables  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0800,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

79/0797
Feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0799,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

79/0967
Seed
Member  States  which  have  notified  implementing  measures:  all
reasoned
Austria

-(cid:217)96/0385,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

Finland

-(cid:217)96/0798,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0791,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

80/0695
Compound  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0790,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

80/0754
Fodder(cid:220)plant  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0789,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

81/0036
Pesticide  residues  in  fruit  and  vegetables
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0786,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

80/0304
Seed  of  oil  and  fibre  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0795,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

81/0126
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0785,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

80/0428
Pesticide  residues  in  fruit  and  vegetables
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0794,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

81/0680
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0784,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

80/0502
Feedingstuffs  -  undesirable  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0793,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

81/0715
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0783,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

80/0510
Straight  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0792,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

82/0287
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0782,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

80/0511
Compound  feedingstuffs  in  packages
Member  States  which  have  notified  implementing  measures:  all

82/0471
Feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0781,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

C  250/148

EN

Official  Journal  of  the  European  Communities

10.8.98

82/0475
Labelling  of  compound  feedingstuffs  for  pet  animals
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0870,  no  measures  notified,  Art.  169  letter
Finland

83/0228
Feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0772,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

82/0528
Pesticide  residues  in  fruit  and  vegetables
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0779,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

83/0381
Feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0771,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

82/0859
Seed  of  oil  and  fibre  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0778,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

84/0004
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0540,  no  measures  notified,  Art.  169  letter
Sweden

in  1996,  terminated  in  1997

82/0937
Straight  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0777,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

83/0091
Health  problems  -  trade  in  animals  and  meat
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0541,  no  measures  notified,  Art.  169  letter
Sweden

in  1996,  terminated  in  1997

83/0116
Fodder(cid:220)plant  seed  and  seed  of  oil  and  fibre  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0390,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0775,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0770,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

84/0319
Health  problems  -  import  of  meat  -  trichinae
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0539,  no  measures  notified,  Art.  169  letter
Sweden

in  1996,  terminated  in  1997

84/0425
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0769,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

84/0443
Products  used  in  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0768,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

83/0131
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0774,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

85/0038
Fodder(cid:220)plant  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0766,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

83/0201
Health  problems  -  products  containing  a  small  percentage  of
meat
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0773,  no  measures  notified,  Art.  169  letter
Finland

85/0073
Financing  of  health  inspections  of  fresh  meat
Member  States  which  have  notified  implementing  measures:  all
reasoned
Austria

-(cid:217)96/0393,  no  measures  notified, 

in  1996,  terminated  in  1997

opinion  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/149

Greece

-(cid:217)94/2181,  not  properly  applied, 

reasoned

opinion  in  1997

86/0299
Feedingstuffs  -  undesirable  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0754,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

85/0298
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0764,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

85/0509
Feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0761,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

85/0586
Health  problems  -  trade  in  animals  and  meats
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0759,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

86/0109
Certified  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0758,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

86/0155
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0395,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0757,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

86/0320
Cereal  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0753,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

86/0354
Compound  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0752,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

86/0355
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0751,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

86/0362
Pesticide  residues  in  cereals
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0750,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

86/0363
Pesticide  residues  in  foodstuffs  of  animal  origin
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0749,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

86/0174
Compound  feedingstuffs  for  poultry
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0756,  no  measures  notified,  Art.  169  letter
Finland

86/0469
Examination  of  meat  for  the  presence  of  residues
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0748,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

86/0214
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0755,  no  measures  notified,  Art.  169  letter
Finland

86/0530
Products  used  in  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0747,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

C  250/150

EN

Official  Journal  of  the  European  Communities

10.8.98

87/0120
Seeds  and  propagating  materials
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0745,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

87/0481
Vegetable  seed
Member  States  which  have  notified  implementing  measures:  all
reasoned
Austria

-(cid:217)96/0399,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

87/0153
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0744,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

87/0181
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0743,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0737,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

88/0095
Beet  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0734,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

88/0166
Protection  of  laying  hens  kept  in  battery  cages
Member  States  which  have  notified  implementing  measures:  all
except  A,  FIN
Austria

-(cid:217)96/0400,  no  measures  notified, 

reasoned

87/0234
Straight  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0742,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

opinion  in  1997

Finland

-(cid:217)97/0160,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

87/0238
Feedingstuffs  -  undesirable  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0741,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

87/0328
Cattle  for  breeding
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0398,  no  measures  notified, 

reasoned

88/0182
Technical  standards  (amending  Directive  83/0189)
Member  States  which  have  notified  implementing  measures:  all
in
Italy
in  1996,

-(cid:217)91/0565,  not  properly  applied,  referral 

judgment 

1994  (Case  C(cid:220)94/289), 
terminated  in  1997

Italy

-(cid:217)92/0646,  not  properly  applied, 
opinion  in  1993,  terminated  in  1997

reasoned

Netherlands -(cid:217)91/2328,  not  properly  applied,  referral 
1994  (Case  C(cid:220)94/273), 
terminated  in  1997

judgment 

in
in  1996,

opinion  in  1997

87/0477
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0739,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

Italy

-(cid:217)92/0647,  not  properly  applied,  referral 
1997  (Case  C(cid:220)97/160),  struck  out  in  1997

in

Netherlands -(cid:217)93/2267,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/341)

Portugal

-(cid:217)95/0667,  not  properly  applied, 

reasoned

opinion  in  1997

87/0480
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0738,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

88/0289
Health  problems  -  animals  and  meat  from  non(cid:220)member
countries
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0535,  no  measures  notified,  Art.  169  letter
Sweden

in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/151

88/0298
Pesticides  in  fruit  and  vegetables  and  cereals
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0731,  no  measures  notified,  Art.  169  letter
Finland

89/0100
Fodder(cid:220)plant  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0723,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

88/0380
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0730,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

89/0186
Pesticide  residues  in  fruit  and  vegetables
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0722,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

88/0409
Fees  for  the  inspection  of  meat
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0401,  no  measures  notified, 

reasoned

opinion  in  1997

Sweden

-(cid:217)96/0534,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0729,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

88/0485
Products  used  in  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0728,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

88/0661
Pigs  for  breeding
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0402,  no  measures  notified, 

reasoned

opinion  in  1997

89/0002
Cereal  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0725,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

89/0014
Vegetable  seed
Member  States  which  have  notified  implementing  measures:  all
reasoned
Austria

-(cid:217)96/0403,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

Finland

-(cid:217)96/0724,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

89/0227
Health  problems  -  meat  products  -  non(cid:220)member  countries
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0721,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

89/0321
Health  problems  -  import  of  meat
Sweden

-(cid:217)96/0533,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

89/0361
Sheep  and  goats  for  breeding
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0406,  no  measures  notified, 

reasoned

opinion  in  1997

89/0362
Hygiene  in  milk  production  holdings
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0720,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

89/0365
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0719,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

89/0384
Health  problems  -  trade  in  milk
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0718,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

C  250/152

EN

Official  Journal  of  the  European  Communities

10.8.98

89/0424
Seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0717,  no  measures  notified,  Art.  169  letter
Finland

90/0167
Medicated  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0710,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

89/0437
Health  problems  -  eggs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0408,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0716,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

89/0520
Products  used  in  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0714,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

89/0662
Veterinary  checks  in  intra(cid:220)Community  trade
Member  States  which  have  notified  implementing  measures:  all
in
Ireland
in  1995,

-(cid:217)92/0794,  no  measures  notified,  referral 

1994  (Case  C(cid:220)94/162), 
Art.(cid:217)171  letter  in  1996,  terminated  in  1997

judgment 

Finland

-(cid:217)96/0713,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

90/0044
Compound  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0712,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

90/0118
Pure(cid:220)bred  breeding  pigs
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0411,  no  measures  notified, 

reasoned

opinion  in  1997

90/0119
Hybrid  breeding  pigs
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0412,  no  measures  notified, 

reasoned

opinion  in  1997

90/0335
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0708,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

90/0425
Veterinary  checks  in  intra(cid:220)Community  trade
Member  States  which  have  notified  implementing  measures:  all
in
Ireland
in  1995,

-(cid:217)92/0799,  no  measures  notified,  referral 

1994  (Case  C(cid:220)94/161), 
Art.(cid:217)171  letter  in  1996,  terminated  in  1997

judgment 

90/0427
Zootechnical  conditions  governing  trade  in  equidae
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0414,  no  measures  notified, 

reasoned

opinion  in  1997

90/0428
Trade  in  equidae  for  competitions
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0415,  no  measures  notified, 

reasoned

opinion  in  1997

Sweden

-(cid:217)96/0532,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

90/0439
Products  used  in  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0706,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

90/0533
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0705,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

90/0642
Pesticide  residues  -  products  of  plant  origin
Member  States  which  have  notified  implementing  measures:  all

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/153

Finland

-(cid:217)96/0704,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

91/0249
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0698,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

90/0667
Processing  of  animal  waste
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0418,  no  measures  notified, 

reasoned

opinion  in  1997

91/0334
Compound  feedingstuffs  for  pet  animals
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0696,  no  measures  notified,  Art.  169  letter
Finland

Finland

-(cid:217)96/0703,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

90/0675
Veterinary  checks  on  products  from  non(cid:220)member  countries
Member  States  which  have  notified  implementing  measures:  all
in
Ireland
1994  (Case  C(cid:220)94/132),  judgment  in  1995,  Art.
171  letter  in  1996,  terminated  in  1997

-(cid:217)92/0801,  no  measures  notified,  referral 

91/0336
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0695,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

91/0069
Health  problems  -  trade  in  sheep
Member  States  which  have  notified  implementing  measures:  all
reasoned
Sweden

-(cid:217)96/0531,  no  measures  notified, 

opinion  in  1997,  to  be  terminated  in  1998

91/0126
Feedingstuffs  -  undesirable  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0701,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

91/0357
Compound  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0694,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

91/0414
Placing  of  plant  protection  products  on  the  market
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)93/0906,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/137),  judgment  in  1997

in

Greece

-(cid:217)93/0914,  no  measures  notified,  referral 

1995  (Case  C(cid:220)95/380), 
terminated  in  1997

judgment 

in
in  1996,

91/0132
Feedingstuffs  -  undesirable  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0700,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

Austria

-(cid:217)96/0421,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

91/0174
Marketing  of  pure(cid:220)bred  animals
Member  States  which  have  notified  implementing  measures:  all
except  A
Austria

-(cid:217)96/0419,  no  measures  notified, 

reasoned

opinion  in  1997

91/0492
Live  bivalve  molluscs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0423,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0693,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

91/0188
Plant  protection  products  containing  certain  active  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0699,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

91/0493
Fishery  products
Member  States  which  have  notified  implementing  measures:  all
reasoned
Austria

-(cid:217)96/0424,  no  measures  notified, 

opinion  in  1997,  to  be  terminated  in  1998

C  250/154

EN

Official  Journal  of  the  European  Communities

10.8.98

Finland

-(cid:217)96/0692,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

91/0630
Protection  of  pigs
Member  States  which  have  notified  implementing  measures:  all
except  FIN
Austria

-(cid:217)96/0428,  no  measures  notified, 

reasoned

91/0495
Rabbit  meat  and  farmed  game  meat
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0690,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

opinion  in  1997,  to  be  terminated  in  1998

Finland

-(cid:217)96/0686,  no  measures  notified, 

reasoned

opinion  in  1997

91/0496
Veterinary  checks  for  animals  from  non(cid:220)member  countries
Member  States  which  have  notified  implementing  measures:  all
in
Ireland
in  1995,

-(cid:217)92/0808,  no  measures  notified,  referral 

1994  (Case  C(cid:220)94/138), 
Art.(cid:217)171  letter  in  1996,  terminated  in  1997

judgment 

91/0497
Fresh  meat
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0689,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

91/0508
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0688,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

91/0628
Protection  of  animals  during  transport
Member  States  which  have  notified  implementing  measures:  all
except  A
France

-(cid:217)93/0229,  no  measures  notified,  referral 

1995  (Case  C(cid:220)95/017), 
Art.(cid:217)171  letter  in  1996,  terminated  in  1997

judgment 

in
in  1995,

Austria

-(cid:217)96/0426,  no  measures  notified,  Art.  169  letter

in  1996

91/0629
Protection  of  calves
Member  States  which  have  notified  implementing  measures:  all
except  FIN
Austria

-(cid:217)96/0427,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

Finland

-(cid:217)96/0687,  no  measures  notified, 

reasoned

opinion  in  1997

91/0682
Material  for  the  propagation  of  ornamental  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0431,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0530,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0685,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

91/0684
Health  problems  -  egg  products
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0432,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0683,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

92/0005
Health  problems  -  meat  products
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0680,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

92/0009
Seed  of  oil  and  fibre  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0434,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0679,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

92/0019
Fodder(cid:220)plant  seed
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0678,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/155

92/0033
Vegetable  propagating  material
Member  States  which  have  notified  implementing  measures:  all
in
Italy
in  1995,

-(cid:217)93/0297,  no  measures  notified,  referral 

1995  (Case  C(cid:220)95/118), 
Art.(cid:217)171  letter  in  1996,  terminated  in  1997

judgment 

Finland

-(cid:217)96/0671,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Austria

-(cid:217)96/0437,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0677,  no  measures  notified,  Art.  169  letter

92/0064
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0670,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

92/0034
Fruit(cid:220)plant  propagating  material
Member  States  which  have  notified  implementing  measures:  all
in
Italy
in  1995,

-(cid:217)93/0296,  no  measures  notified,  referral 

1995  (Case  C(cid:220)95/118), 
Art.(cid:217)171  letter  in  1996,  terminated  in  1997

judgment 

92/0065
Semen,  ova  and  embryos  not  subject  to  Directive  90/425/EEC
Member  States  which  have  notified  implementing  measures:  all
in
Italy
in  1997,

-(cid:217)94/0240,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/314), 
terminated  in  1997

Austria

-(cid:217)96/0438,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0676,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0669,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

92/0040
Avian  influenza
Member  States  which  have  notified  implementing  measures:  all
in
Italy
in  1996,

-(cid:217)93/0292,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/117), 
terminated  in  1997

92/0045
Wild(cid:220)game  meat
Member  States  which  have  notified  implementing  measures:  all
in
Italy

-(cid:217)94/0236,  no  measures  notified,  referral 
1995  (Case  C(cid:220)95/314),  terminated  in  1997

Finland

-(cid:217)96/0674,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

92/0046
Milk  products
Member  States  which  have  notified  implementing  measures:  all
in
Italy
in  1997,

-(cid:217)94/0237,  no  measures  notified,  referral 

judgment 

1995  (Case  C(cid:220)95/314), 
terminated  in  1997

92/0070
Recognition  of  protected  zones
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0667,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

92/0076
Protected  zones  exposed  to  particular  plant  health  risks
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0666,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

92/0088
Undesirable  substances  and  products  in  animal  nutrition
Member  States  which  have  notified  implementing  measures:  all
except  I
Italy

-(cid:217)94/0243,  no  measures  notified,  referral 

in
in  1997,

1995  (Case  C(cid:220)95/314), 
Art.(cid:217)171  letter  to  be  sent  in  1998

judgment 

Finland

-(cid:217)96/0665,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0673,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

92/0063
Undesirable  substances  and  products  in  animal  nutrition
Member  States  which  have  notified  implementing  measures:  all

92/0089
Community  methods  of  analysis  for  the  official  control  of  feed(cid:220)
ingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0664,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

C  250/156

EN

Official  Journal  of  the  European  Communities

10.8.98

92/0090
Producers  and  importers  of  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0663,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

92/0102
Identification  and  registration  of  animals
Member  States  which  have  notified  implementing  measures:  all
except  FIN
United
Kingdom

-(cid:217)95/0191,  no  measures  notified, 

opinion  in  1996(cid:216)(*),  terminated  in  1997

reasoned

Finland

-(cid:217)96/0661,  no  measures  notified, 

reasoned

opinion  in  1997(cid:216)(**)

(*) Sheep  and  goats
(**)(cid:217)All  aspects

92/0107
Oil  and  fibre  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0440,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0658,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

92/0116
Health  problems  affecting  trade  in  fresh  poultry  meat
Member  States  which  have  notified  implementing  measures:  all
except  I
Germany

-(cid:217)94/0081,  no  measures  notified,  referral 

in
1996  (Case  C(cid:220)96/138),  judgment  in  1997,  to
be  terminated  in  1998

Italy

-(cid:217)94/0247,  no  measures  notified,  referral 

in
1995  (Case  C(cid:220)95/314),  judgment  in  1997,  Art.
171  letter  to  be  sent  in  1998

92/0117
Zoonoses  and  zoonotic  agents
Member  States  which  have  notified  implementing  measures:  all
except  B,  I
Belgium

-(cid:217)94/0019,  no  measures  notified, 

reasoned

opinion  in  1994

Italy

-(cid:217)94/0248,  no  measures  notified,  referral 

in

1995,  Case  C(cid:220)95/314

Finland

-(cid:217)96/0656,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

92/0118
Products  not  subject  to  specific  health  requirements
Member  States  which  have  notified  implementing  measures:  all
except  FIN
Greece

-(cid:217)94/0111,  no  measures  notified,  referral 

in
in  1996,

1996  (Case  C(cid:220)96/091), 
terminated  in  1997

judgment 

Italy

-(cid:217)94/0249,  no  measures  notified,  referral 

1995  (Case  C(cid:220)95/314), 
terminated  in  1997

judgment 

in
in  1997,

Finland

-(cid:217)96/0655,  no  measures  notified, 

reasoned

opinion  in  1997

92/0119
Specific  measures  relating  to  swine  vesicular  disease
Member  States  which  have  notified  implementing  measures:  all
in
Belgium
1996  (Case  C(cid:220)96/208),  judgment  in  1997,  to
be  terminated  in  1998

-(cid:217)93/0974,  no  measures  notified,  referral 

93/0017
Community  grades  of  seed  potatoes
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0654,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

93/0026
Feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0653,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

93/0027
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0652,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

93/0028
Official  control  of  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
except  P
Portugal

-(cid:217)94/0934,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  scheduled  in  1998

Finland

-(cid:217)96/0651,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

93/0048
Fruit(cid:220)plant  propagating  material
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0086,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/139),  judgment  in  1997

in

Italy

-(cid:217)94/0253,  no  measures  notified,  referral 

1995  (Case  C(cid:220)95/315), 
terminated  in  1997

judgment 

in
in  1996,

Austria

-(cid:217)96/0447,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0650,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/157

93/0049
Material  for  the  propagation  of  ornamental  plants
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0087,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/139),  judgment  in  1997

in

Italy

-(cid:217)94/0254,  no  measures  notified,  referral 

1995  (Case  C(cid:220)95/315), 
terminated  in  1997

judgment 

in
in  1996,

Austria

-(cid:217)96/0448,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0529,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0649,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Italy

-(cid:217)94/0881,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/316),  withdrawn  in  1997

in

93/0055
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0645,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

93/0056
Feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0644,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

93/0050
Organisms  harmful  to  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0648,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

93/0057
Pesticide  residues  -  cereals  and  foodstuffs  of  animal  origin
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0643,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

93/0051
Movement  of  plants  in  protected  zones
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0647,  no  measures  notified,  Art.  169  letter
Finland

93/0058
Pesticide  residues  -  products  of  plant  origin
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0642,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

93/0052
Embryos  of  domestic  bovine  animals
Member  States  which  have  notified  implementing  measures:  all
in
Greece
in  1996,

-(cid:217)94/0108,  no  measures  notified,  referral 

judgment 

1996  (Case  C(cid:220)96/091), 
terminated  in  1997

Italy

-(cid:217)94/0255,  no  measures  notified,  referral 

1995  (Case  C(cid:220)95/315), 
terminated  in  1997

judgment 

in
in  1996,

93/0060
Fresh  semen
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece

-(cid:217)94/0983,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

Portugal

-(cid:217)94/0939,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

93/0053
Control  of  certain  fish  diseases
Member  States  which  have  notified  implementing  measures:  all
in
France

-(cid:217)94/0840,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/57),  withdrawn  in  1997

93/0061
Vegetable  propagating  and  planting  material
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0091,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/139),  judgment  in  1997

in

Portugal

-(cid:217)94/0937,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

1995  (Case  C(cid:220)95/315), 
terminated  in  1997

judgment 

Italy

-(cid:217)94/0258,  no  measures  notified,  referral 

in
in  1996,

93/0054
Animals  and  products  of  fish  farming
Member  States  which  have  notified  implementing  measures:  all

Finland

-(cid:217)96/0641,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Austria

-(cid:217)96/0449,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

C  250/158

EN

Official  Journal  of  the  European  Communities

10.8.98

93/0062
Vegetable  propagating  material
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0652,  no  measures  notified,  referral 

in

93/0071
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0816,  no  measures  notified,  referral 

in

1996  (Case  C(cid:220)96/344)

1997  (Case  C(cid:220)97/186)

Italy

-(cid:217)94/0724,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Greece

-(cid:217)94/0980,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Austria

-(cid:217)96/0450,  no  measures  notified,  Art.  169  letter

Austria

-(cid:217)96/0454,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0640,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

93/0063
Ornamental  plants
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0653,  no  measures  notified,  referral 

in

1996  (Case  C(cid:220)96/344)

Italy

-(cid:217)94/0725,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

93/0074
Feedingstuffs  intended  for  particular  nutritional  purposes
Member  States  which  have  notified  implementing  measures:  all
except  F
France

-(cid:217)95/0501,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/354)

Greece

Italy

-(cid:217)95/0451,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)95/0543,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Austria

-(cid:217)96/0451,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0635,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0528,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0639,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

93/0064
Fruit  plant  propagating  material
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0654,  no  measures  notified,  referral 

in

1996  (Case  C(cid:220)96/344)

Italy

-(cid:217)94/0726,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Austria

-(cid:217)96/0452,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0638,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

93/0078
Ornamental  plants
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0655,  no  measures  notified,  referral 

in

1996  (Case  C(cid:220)96/344)

Italy

-(cid:217)94/0728,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Austria

-(cid:217)96/0455,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0634,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

93/0079
Fruit  plant  propagating  material
Member  States  which  have  notified  implementing  measures:  all
except  D
Germany

-(cid:217)94/0656,  no  measures  notified,  referral 

in

1996  (Case  C(cid:220)96/344)

93/0070
Official  control  of  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
in
Greece

-(cid:217)94/0694,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/146),  withdrawn  in  1997

Italy

-(cid:217)94/0729,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Austria

-(cid:217)96/0456,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0637,  no  measures  notified,  Art.  169  letter

Finland

-(cid:217)96/0633,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/159

93/0085
Potato  ring  rot
Member  States  which  have  notified  implementing  measures:  all
except  A
Germany

-(cid:217)94/0093,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/146),  withdrawn  in  1997

in

Italy

-(cid:217)94/0890,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/316),  judgment  in  1997

in

Portugal

-(cid:217)94/0947,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Sweden

-(cid:217)96/0525,  no  measures  notified,  Art.  169  letter

Austria

-(cid:217)96/0457,  no  measures  notified, 

reasoned

in  1996,  terminated  in  1997

opinion  in  1997

Finland

-(cid:217)96/0632,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0628,  no  measures  notified,  Art.  169  letter

93/0106
Particular  plant  health  risks  -  protected  zones
Member  States  which  have  notified  implementing  measures:  all
in
Greece

-(cid:217)94/0423,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/154),  withdrawn  in  1997

Luxembourg -(cid:217)94/0477,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/362),  withdrawn  in  1997

in

93/0107
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0459,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0631,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

93/0117
Official  control  of  feedingstuffs
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece

-(cid:217)95/0068,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0524,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0627,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

93/0118
Financing  of  veterinary  health  inspections
Member  States  which  have  notified  implementing  measures:  all
except  EL,  E,  I,  A,  P
Belgium

-(cid:217)95/0025,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

93/0113
Enzymes  and  micro(cid:220)organisms  in  animal  nutrition
Member  States  which  have  notified  implementing  measures:  all
except  I
France

-(cid:217)94/0849,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/57),  withdrawn  in  1997

in

Spain

-(cid:217)95/0085,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  scheduled  in  1998

Greece

-(cid:217)95/0069,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/385)

Italy

-(cid:217)95/0135,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/416)

Italy

-(cid:217)94/0889,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/316),  judgment  in  1997

in

Austria

-(cid:217)96/0462,  no  measures  notified, 

reasoned

opinion  in  1997

Austria

-(cid:217)96/0461,  no  measures  notified,  Art.  169  letter

Sweden

-(cid:217)96/0523,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0629,  no  measures  notified,  Art.  169  letter

Finland

-(cid:217)96/0626,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1996,  terminated  in  1997

Portugal

-(cid:217)94/0946,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Portugal

-(cid:217)95/0180,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  scheduled  in  1998

United
Kingdom

-(cid:217)92/0025,  not  properly  applied, 

reasoned

opinion  in  1997

93/0114
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
except  I
Greece

-(cid:217)94/0976,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

France

-(cid:217)94/0850,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/57),  withdrawn  in  1997

in

93/0119
Protection  of  animals  at  the  time  of  slaughter  or  killing
Member  States  which  have  notified  implementing  measures:  all
except  B,  F,  I,  A
Germany

-(cid:217)95/0257,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

C  250/160

EN

Official  Journal  of  the  European  Communities

10.8.98

Belgium

-(cid:217)95/0233,  no  measures  notified,  referral 

in

Germany

1997  (Case  C(cid:220)97/332)

-(cid:217)95/0258,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/203),  withdrawn  in  1997

in

France

-(cid:217)95/0295,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/56)

Italy

-(cid:217)95/0322,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/416)

Netherlands -(cid:217)95/0352,  no  measures  notified,  Art.  169  letter
in  1995,  terminated  in  1997

Austria

-(cid:217)96/0463,  no  measures  notified, 

reasoned

opinion  in  1997

Sweden

-(cid:217)96/0522,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0625,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

94/0014
Feedingstuffs  -  official  control
Member  States  which  have  notified  implementing  measures:  all
reasoned
Portugal

-(cid:217)95/0608,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

94/0016
Undesirable  substances  and  products  in  animal  nutrition
Member  States  which  have  notified  implementing  measures:  all
except  I
Italy

-(cid:217)95/0326,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/416)

United
Kingdom

-(cid:217)95/0379,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Luxembourg -(cid:217)95/0341,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/100),  withdrawn  in  1997

in

93/0120
Health  problems  -  poultry  and  hatching  eggs
Member  States  which  have  notified  implementing  measures:  all
except  EL,  I,  P
Belgium

-(cid:217)95/0234,  no  measures  notified, 

reasoned

opinion  in  1996,  to  be  terminated  in  1998

Greece

-(cid:217)95/0272,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/377)

Italy

-(cid:217)95/0323,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/397)

Portugal

-(cid:217)95/0365,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  scheduled  in  1998

Finland

-(cid:217)95/0620,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

94/0017
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)no  measures  notified,  Art.  169  letter  in  1996,
Finland

terminated  in  1997

94/0028
Imports  from  third  countries  -  zootechnical  and  genealogical
conditions
Member  States  which  have  notified  implementing  measures:  all
except  F,  IRL,  L,  A,  P
Belgium

-(cid:217)95/0402,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

93/0121
Health  problems  -  trade  in  poultry  meat
Member  States  which  have  notified  implementing  measures:  all
except  I
Greece

-(cid:217)95/0273,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

France

-(cid:217)95/0505,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/354)

Ireland

-(cid:217)95/0527,  no  measures  notified, 

reasoned

opinion  in  1996,  referral  scheduled  in  1998

Italy

-(cid:217)95/0324,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/397)

Luxembourg -(cid:217)95/0573,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/351)

94/0003
Interception  of  harmful  organisms
Member  States  which  have  notified  implementing  measures:  all
in
Germany

-(cid:217)94/0657,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/344),  withdrawn  in  1997

Luxembourg -(cid:217)94/0741,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/362),  withdrawn  in  1997

in

Austria

-(cid:217)96/0467,  no  measures  notified, 

reasoned

opinion  in  1997

Portugal

-(cid:217)95/0610,  no  measures  notified, 

reasoned

opinion  in  1997,  referral  scheduled  in  1998

United
Kingdom

-(cid:217)95/0635,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

94/0013
Organisms  harmful  to  plants
Member  States  which  have  notified  implementing  measures:  all

94/0029
Pesticide  residues  -  cereals  and  foodstuffs  of  animal  origin
Member  States  which  have  notified  implementing  measures:  all
reasoned
Belgium

-(cid:217)95/0403,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/161

Portugal

-(cid:217)95/0611,  no  measures  notified,  Art.  169  letter

Finland

-(cid:217)96/0615,  no  measures  notified,  Art.  169  letter

in  1995,  terminated  in  1997

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0618,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

94/0030
Pesticide  residues  in  products  of  plant  origin
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/0404,  no  measures  notified,  Art.  169  letter
Belgium

in  1996,  terminated  in  1997

France

-(cid:217)95/0507,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

94/0040
Additives  -  guidelines  for  evaluation
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece

-(cid:217)94/0973,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

Portugal

-(cid:217)94/0950,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Sweden

-(cid:217)96/0519,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0614,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)95/0612,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

in  1995,  terminated  in  1997

Finland

-(cid:217)96/0617,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

94/0037
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
except  D,  P
Germany

-(cid:217)95/0437,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/320)

France

Greece

-(cid:217)95/0509,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)95/0459,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Austria

-(cid:217)96/0468,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Portugal

-(cid:217)95/0614,  no  measures  notified, 

reasoned

94/0041
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/0439,  no  measures  notified,  Art.  169  letter
Germany
in  1995,  reasoned  opinion  in  1997,  terminated
in  1997

Finland

-(cid:217)96/0613,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

94/0042
Health  problems  -  live  animals
Member  States  which  have  notified  implementing  measures:  all
except  I
Greece

-(cid:217)95/0276,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Ireland

-(cid:217)95/0311,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

opinion  in  1997,  referral  scheduled  in  1998

Italy

-(cid:217)95/0327,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/416)

94/0039
Intended  uses  of  feedingstuffs  for  particular  nutritional  purposes
Member  States  which  have  notified  implementing  measures:  all
except  F
Germany

-(cid:217)95/0438,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/325),  withdrawn  in  1997

in

France

-(cid:217)95/0510,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/354)

-(cid:217)95/0460,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Greece

Italy

Luxembourg -(cid:217)95/0343,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/100),  withdrawn  in  1997

in

Portugal

-(cid:217)95/0370,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

94/0059
Imports  from  third  countries  -  examination  for  trichinae
Member  States  which  have  notified  implementing  measures:  all
except  I
Germany

-(cid:217)95/0052,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)95/0552,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Greece

-(cid:217)95/0075,  no  measures  notified,  referral 
1998  (Case  C(cid:220)97/385),  withdrawn  in  1997

in

Sweden

-(cid:217)96/0520,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)95/0141,  no  measures  notified,  referral 

in

in  1996,  terminated  in  1997

1997  (Case  C(cid:220)97/398)

C  250/162

EN

Official  Journal  of  the  European  Communities

10.8.98

United
Kingdom

-(cid:217)95/0210,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

France

-(cid:217)96/0283,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0518,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Luxembourg -(cid:217)96/0319,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

94/0065
Minced  meat  and  meat  preparations
Member  States  which  have  notified  implementing  measures:  all
except  E,  I
Germany

-(cid:217)96/0247,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Spain

-(cid:217)96/0277,  no  measures  notified, 

reasoned

opinion  in  1997

Greece

-(cid:217)96/0263,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

Italy

-(cid:217)96/0306,  no  measures  notified, 

reasoned

opinion  in  1997

Austria

-(cid:217)96/0471,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0611,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0517,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)96/0351,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

94/0071
Raw  milk,  heat(cid:220)treated  milk  and  milk(cid:220)based  products
Member  States  which  have  notified  implementing  measures:  all
except  A
France

-(cid:217)95/0514,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Austria

-(cid:217)96/0473,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Portugal

-(cid:217)96/0340,  no  measures  notified, 

reasoned

opinion  in  1997

95/0006
Cereal  seed
Member  States  which  have  notified  implementing  measures:  all
reasoned
Greece

-(cid:217)95/0469,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

Italy

-(cid:217)95/0560,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Finland

-(cid:217)96/0608,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

95/0009
Feedingstuffs  intended  for  particular  nutritional  purposes
Member  States  which  have  notified  implementing  measures:  all
except  F
Germany

-(cid:217)95/0444,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

France

-(cid:217)95/0517,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/354)

Greece

Italy

-(cid:217)95/0470,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)95/0561,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Greece

Italy

-(cid:217)95/0467,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Luxembourg -(cid:217)95/0582,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)95/0557,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Sweden

-(cid:217)96/0515,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Austria

-(cid:217)96/0472,  no  measures  notified, 

reasoned

opinion  in  1997

Finland

-(cid:217)96/0607,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

94/0079
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
except  A,  P
Germany

-(cid:217)96/0248,  no  measures  notified,  Art.  196  letter

in  1996,  reasoned  opinion  in  1997

95/0010
Calculating  the  energy  value  of  certain  dog  and  cat  food
Member  States  which  have  notified  implementing  measures:  all
except  F
Germany

-(cid:217)95/0445,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

Denmark

-(cid:217)96/0243,  no  measures  notified,  Art.  169  letter

France

-(cid:217)95/0518,  no  measures  notified,  referral 

in

in  1996,  terminated  in  1997

1997  (Case  C(cid:220)97/354)

Greece

-(cid:217)96/0264,  no  measures  notified,  Art.  169  letter

Greece

in  1996,  terminated  in  1997

-(cid:217)95/0471,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/163

Italy

-(cid:217)95/0562,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Luxembourg -(cid:217)95/0583,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Sweden

-(cid:217)96/0514,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0606,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

95/0011
Feedingstuffs  -  assessment  of  additives
Member  States  which  have  notified  implementing  measures:  all
reasoned
France

-(cid:217)96/0099,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

Greece

-(cid:217)96/0062,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Luxembourg -(cid:217)96/0155,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Portugal

-(cid:217)96/0181,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

Sweden

-(cid:217)96/0513,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0605,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

95/0022
Aquaculture  products
Member  States  which  have  notified  implementing  measures:  all
except  L
Greece

-(cid:217)96/0915,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

95/0023
Fresh  meat  -  production  conditions
Member  States  which  have  notified  implementing  measures:  all
except  EL
Germany

-(cid:217)96/0046,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

France

-(cid:217)96/0101,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Greece

-(cid:217)96/0064,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/386)

Ireland

-(cid:217)96/0120,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Netherlands -(cid:217)96/0168,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

Sweden

-(cid:217)96/0510,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0604,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

95/0025
Health  problems  -  live  animals
Member  States  which  have  notified  implementing  measures:  all
except  I
Belgium

-(cid:217)96/0015,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Greece

Ireland

-(cid:217)96/0065,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

-(cid:217)96/0121,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Italy

-(cid:217)96/0140,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/396)

Luxembourg -(cid:217)96/0158,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Spain

-(cid:217)96/0940,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)96/0210,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

France

-(cid:217)96/0957,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Sweden

-(cid:217)96/0509,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

Ireland

-(cid:217)96/0979,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)96/0998,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)96/1014,  no  measures  notified, 

reasoned

opinion  in  1997

95/0029
Protection  of  animals  during  transport
Member  States  which  have  notified  implementing  measures:  all
except  D,  F,  I,  L,  A,  P
Denmark

-(cid:217)97/0028,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Austria

-(cid:217)96/1081,  no  measures  notified,  Art.  169  letter

Germany

in  1997,  terminated  in  1997

-(cid:217)97/0035,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Finland

-(cid:217)96/1103,  no  measures  notified,  Art.  169  letter

Greece

-(cid:217)97/0050,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  to  be  terminated  in  1998

C  250/164

EN

Official  Journal  of  the  European  Communities

10.8.98

Spain

-(cid:217)97/0064,  no  measures  notified,  Art.  169  letter

France

-(cid:217)96/0962,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  terminated  in  1997

France

-(cid:217)97/0077,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Luxembourg -(cid:217)96/1018,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Ireland

-(cid:217)97/0087,  no  measures  notified,  Art.  169  letter

Austria

-(cid:217)96/1085,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  terminated  in  1997

Italy

-(cid:217)97/0099,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Portugal

-(cid:217)96/1049,  no  measures  notified, 

reasoned

opinion  in  1997

Luxembourg -(cid:217)97/0109,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent  in  1998

Finland

-(cid:217)96/1108,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Netherlands -(cid:217)97/0122,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)96/1069,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)97/0138,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0149,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

United
Kingdom

-(cid:217)97/0184,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

95/0033
Feedingstuffs  -  products  used
Member  States  which  have  notified  implementing  measures:  all
except  L
Belgium

-(cid:217)96/0865,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)96/0893,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)96/0961,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)96/1001,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)96/1017,  no  measures  notified, 

reasoned

opinion  in  1997

Portugal

-(cid:217)96/1047,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Sweden

-(cid:217)96/1122,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

95/0035
Placing  of  plant  protection  products  on  the  market
Member  States  which  have  notified  implementing  measures:  all
except  D,  P
Germany

-(cid:217)96/0894,  no  measures  notified, 

reasoned

opinion  in  1997

95/0036
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
except  D,  P
Germany

-(cid:217)96/0252,  no  measures  notified, 

reasoned

opinion  in  1997

Denmark

-(cid:217)96/0244,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

France

-(cid:217)96/0287,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)96/0268,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Luxembourg -(cid:217)96/0323,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

Portugal

-(cid:217)96/0343,  no  measures  notified, 

reasoned

opinion  in  1997

Austria

-(cid:217)96/0480,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Finland

-(cid:217)96/0603,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)96/0352,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

95/0037
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0895,  no  measures  notified,  Art.  169  letter
Germany

in  1997,  terminated  in  1997

Greece

-(cid:217)96/0919,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)96/0918,  no  measures  notified,  Art.  169  letter

France

-(cid:217)96/0963,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  terminated  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/165

Luxembourg -(cid:217)96/1019,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Germany

-(cid:217)95/0446,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/331),  withdrawn  in  1997

in

Portugal

-(cid:217)96/1050,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Finland

-(cid:217)96/1109,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)95/0472,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Luxembourg -(cid:217)95/0584,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Finland

-(cid:217)96/0602,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

95/0038
Pesticide  residues  in  and  on  fruit  and  vegetables
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0867,  no  measures  notified,  Art.  169  letter
Belgium

in  1997,  terminated  in  1997

Germany

-(cid:217)96/0896,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

Greece

-(cid:217)96/0921,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)96/0964,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)96/1086,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

Finland

-(cid:217)96/1110,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Sweden

-(cid:217)96/1124,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

95/0039
Pesticide  residues  -  cereals  and  foodstuffs  of  animal  origin
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0868,  no  measures  notified,  Art.  169  letter
Belgium

in  1997,  terminated  in  1997

Germany

-(cid:217)96/0897,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

Greece

-(cid:217)96/0944,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)96/1087,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

Finland

-(cid:217)96/1111,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Sweden

-(cid:217)96/1125,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

95/0040
Organisms  harmful  to  plants  -  protected  zones
Member  States  which  have  notified  implementing  measures:  all

95/0041
Organisms  harmful  to  plants
Member  States  which  have  notified  implementing  measures:  all
in
Germany

-(cid:217)95/0447,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/331),  withdrawn  in  1997

Greece

-(cid:217)95/0473,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

Luxembourg -(cid:217)95/0585,  no  measures  notified, 
opinion  in  1996,  terminated  in  1997

reasoned

95/0044
Organisms  harmful  to  plants  -  work  for  trial  or  scientific
purposes
Member  States  which  have  notified  implementing  measures:  all
except  EL,  L
Germany

-(cid:217)96/0253,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

France

-(cid:217)96/0288,  no  measures  notified, 
opinion  in  1997,  terminated  in  1997

reasoned

Greece

-(cid:217)96/0269,  no  measures  notified, 

reasoned

opinion  in  1997

Luxembourg -(cid:217)96/0324,  no  measures  notified, 

reasoned

opinion  in  1997

95/0061
Pesticide  residues  in  and  on  fruit  and  vegetables
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)97/0038,  no  measures  notified,  Art.  169  letter
Germany

in  1997,  terminated  in  1997

Greece

-(cid:217)97/0052,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)97/0140,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

C  250/166

EN

Official  Journal  of  the  European  Communities

10.8.98

Sweden

-(cid:217)97/0172,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)97/0103,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

in  1997,  terminated  in  1997

95/0065
Organisms  harmful  to  plants  -  protected  zones
Member  States  which  have  notified  implementing  measures:  all
reasoned
Germany

-(cid:217)96/0256,  no  measures  notified, 

opinion  in  1997,  to  be  terminated  in  1998

France

-(cid:217)96/0290,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)96/0271,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Luxembourg -(cid:217)96/0326,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

Finland

-(cid:217)96/0599,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

95/0066
Organisms  harmful  to  plants  and  plant  products
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0257,  no  measures  notified,  Art.  169  letter
Germany
in  1997,  to  be

in  1996,  reasoned  opinion 
terminated  in  1998

Luxembourg -(cid:217)97/0112,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Netherlands -(cid:217)97/0124,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Portugal

-(cid:217)97/0152,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Sweden

-(cid:217)97/0173,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)97/0187,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

95/0070
Diseases  affecting  bivalve  molluscs
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  F,  IRL,  I,  NL,  S
Belgium

-(cid:217)97/0263,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0279,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)97/0293,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)96/0291,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)97/0309,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)96/0272,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in1997

Spain

-(cid:217)97/0326,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)96/0327,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

France

-(cid:217)97/0341,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)96/0598,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Ireland

-(cid:217)97/0359,  no  measures  notified,  Art.  169  letter

in  1997

95/0068
Marketing  of  meat  products
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  E,  P,  UK
Belgium

-(cid:217)97/0023,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Italy

-(cid:217)97/0372,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0386,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Netherlands -(cid:217)97/0402,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0039,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Austria

-(cid:217)97/0411,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)97/0054,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)97/0429,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  terminated  in  1997

Spain

-(cid:217)97/0067,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  to  be  sent  in  1998

Finland

-(cid:217)97/0440,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Ireland

-(cid:217)97/0091,  no  measures  notified,  Art.  169  letter

Sweden

-(cid:217)97/0452,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/167

United
Kingdom

-(cid:217)97/0464,  no  measures  notified,  Art.  169  letter

Greece

-(cid:217)96/0927,  no  measures  notified, 

reasoned

in  1997,  terminated  in  1997

opinion  in  1997

95/0071
Fishery  products
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  EL,  F,  IRL,  I,  P,  UK
Belgium

-(cid:217)97/0479,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)96/0968,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)96/1006,  no  measures  notified, 

reasoned

opinion  in  1997

Luxembourg -(cid:217)96/1024,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Austria

-(cid:217)96/1092,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Portugal

-(cid:217)96/1058,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Denmark

-(cid:217)97/0484,  no  measures  notified,  Art.  169  letter

Sweden

-(cid:217)96/1129,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

in  1997,  terminated  in  1997

Germany

-(cid:217)97/0488,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0493,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0497,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

96/0007
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0902,  no  measures  notified,  Art.  169  letter
Germany

in  1997,  terminated  in  1997

France

-(cid:217)97/0501,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)96/0928,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Ireland

-(cid:217)97/0507,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)96/0969,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)97/0511,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)96/1025,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Austria

-(cid:217)96/1093,  no  measures  notified,  Art.  169  letter

Luxembourg -(cid:217)97/0514,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  to  be  terminated  in  1998

Austria

-(cid:217)97/0520,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Portugal

-(cid:217)97/0524,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0529,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Sweden

-(cid:217)97/0533,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

United
Kingdom

-(cid:217)97/0536,  no  measures  notified,  Art.  169  letter

in  1997

96/0006
Feedingstuffs  -  undesirable  substances
Member  States  which  have  notified  implementing  measures:  all
except  EL,  I
Germany

-(cid:217)96/0901,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Portugal

-(cid:217)96/1059,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Sweden

-(cid:217)96/1130,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

96/0012
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
except  D,  P
Belgium

-(cid:217)97/0197,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)97/0204,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0244,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Portugal

-(cid:217)97/0250,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0254,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)97/0257,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

C  250/168

EN

Official  Journal  of  the  European  Communities

10.8.98

96/0014
Organisms  harmful  to  plants  or  plant  products
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0240,  no  measures  notified,  Art.  169  letter
Belgium

in  1996,  terminated  in  1997

Germany

-(cid:217)96/0904,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)96/0930,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)96/0260,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

France

-(cid:217)96/0970,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)96/0294,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Ireland

-(cid:217)96/0990,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)96/0275,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Italy

-(cid:217)96/0315,  no  measures  notified, 

reasoned

opinion  in  1997,  to  be  terminated  in  1998

Luxembourg -(cid:217)96/0329,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

Finland

-(cid:217)96/0597,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0508,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

96/0015
Organisms  harmful  to  plants  -  protected  zones
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0241,  no  measures  notified,  Art.  169  letter
Belgium

in  1996,  terminated  in  1997

Germany

-(cid:217)96/0261,  no  measures  notified,  Art.  169  letter

in  1996,  to  be  terminated  in  1998

France

-(cid:217)96/0295,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)96/0276,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Italy

-(cid:217)96/0316,  no  measures  notified,  Art.  169  letter

in  1996,  to  be  terminated  in  1998

Luxembourg -(cid:217)96/0330,  no  measures  notified,  Art.  169  letter
in  1996,  terminated  in  1997

Finland

-(cid:217)96/0596,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Sweden

-(cid:217)96/0507,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

96/0018
Seeds  and  propagating  materials,  marketing
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)96/0873,  no  measures  notified, 

reasoned

Netherlands -(cid:217)96/1035,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Austria

-(cid:217)96/1095,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Finland

-(cid:217)96/1116,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

96/0022
Substances  having  hormonal  or  thyrostatic  action  and  ¤(cid:220)agonists
Member  States  which  have  notified 
implementing  measures:
B,  D,  E,  NL,  A
Belgium

-(cid:217)97/0264,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Denmark

-(cid:217)97/0280,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0294,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)97/0310,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0327,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)97/0342,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0360,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0373,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0387,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)97/0403,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Austria

-(cid:217)97/0412,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Portugal

-(cid:217)97/0430,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0441,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0453,  no  measures  notified,  Art.  169  letter

opinion  in  1997

in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/169

United
Kingdom

-(cid:217)97/0465,  no  measures  notified,  Art.  169  letter

Luxembourg -(cid:217)97/0390,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

96/0023
Substances  and  residues  in  live  animals  and  animal  products
Member  States  which  have  notified 
B,  D,  L,  NL
Belgium

-(cid:217)97/0265,  no  measures  notified,  Art.  169  letter

implementing  measures:

Austria

-(cid:217)97/0415,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0468,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997,  terminated  in  1997

Denmark

-(cid:217)97/0281,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0311,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0328,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0343,  no  measures  notified,  Art.  169  letter

in  1997

96/0033
Pesticide  residues  -  foodstuffs  of  animal  origin
Member  States  which  have  notified  implementing  measures:  all
except  DK,  F,  L,  A
Denmark

-(cid:217)97/0285,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0297,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Greece

-(cid:217)97/0315,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Spain

-(cid:217)97/0331,  no  measures  notified,  Art.  169  letter

Ireland

-(cid:217)97/0361,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1997

France

-(cid:217)97/0347,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)97/0374,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

Luxembourg -(cid:217)97/0388,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Netherlands -(cid:217)97/0404,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Austria

-(cid:217)97/0413,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0431,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0442,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0454,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0466,  no  measures  notified,  Art.  169  letter

in  1997

96/0032
Pesticide  residues  -  fruit  and  vegetables
Member  States  which  have  notified  implementing  measures:  all
except  DK,  F,  L,  A
Denmark

-(cid:217)97/0284,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0296,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Luxembourg -(cid:217)97/0391,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0416,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0469,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

implementing  measures:

96/0043
Financing  of  veterinary  inspections  and  controls
Member  States  which  have  notified 
L,  UK
Belgium

-(cid:217)97/0481,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0486,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0491,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0495,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0498,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0503,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0509,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0314,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)97/0512,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0330,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)97/0515,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

France

-(cid:217)97/0346,  no  measures  notified,  Art.  169  letter

Netherlands -(cid:217)97/0518,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

C  250/170

EN

Official  Journal  of  the  European  Communities

10.8.98

Austria

-(cid:217)97/0521,  no  measures  notified,  Art.  169  letter

Sweden

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

in  1997

sent  in  1998

Portugal

-(cid:217)97/0526,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0530,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0534,  no  measures  notified,  Art.  169  letter

in  1997

96/0046
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
except  D,  F,  P
Belgium

-(cid:217)97/0268,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Denmark

-(cid:217)97/0286,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)97/0299,  no  measures  notified,  Art.  169  letter

96/0072
Marketing  of  seeds  and  plants
Member  States  which  have  notified  implementing  measures:  all
except  B,  P
Belgium

-(cid:217)97/0482,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0499,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

France

-(cid:217)97/0504,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Luxembourg -(cid:217)97/0516,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Austria

-(cid:217)97/0522,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

in  1997

Portugal

-(cid:217)97/0527,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0349,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0363,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)97/0418,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Portugal

-(cid:217)97/0434,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0445,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)97/0471,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

96/0068
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
except  D,  EL,  F,  IRL,  I,  L,  P,  S
Germany

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Greece

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

France

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Finland

-(cid:217)97/0531,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

96/0078
Organisms  harmful  to  plants
Member  States  which  have  notified  implementing  measures:  all
except  L
Germany

-(cid:217)97/0205,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Luxembourg -(cid:217)97/0235,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0245,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Finland

-(cid:217)97/0256,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

96/0090
Products  not  subject  to  specific  health  requirements
Member  States  which  have  notified 
DK,  EL,  NL,  A,  FIN,  S
Belgium

-(cid:217)97/0272,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997

Ireland

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Denmark

-(cid:217)97/0290,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Germany

-(cid:217)97/0302,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Greece

-(cid:217)97/0319,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Portugal

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

Spain

-(cid:217)97/0335,  no  measures  notified,  Art.  169  letter

sent  in  1998

in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/171

France

-(cid:217)97/0353,  no  measures  notified,  Art.  169  letter

Denmark

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

in  1997

sent  in  1998

Ireland

-(cid:217)97/0366,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Italy

-(cid:217)97/0379,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0395,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)97/0408,  no  measures  notified,  Art.  169  letter

Spain

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Ireland

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

in  1997,  to  be  terminated  in  1998

Italy

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

Austria

-(cid:217)97/0422,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Portugal

-(cid:217)97/0437,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0447,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

sent  in  1998

Luxembourg -(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Austria

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Finland

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

United
Kingdom

-(cid:217)97/0475,  no  measures  notified,  Art.  169  letter

sent  in  1998

in  1997

implementing  measures:

96/0093
Certification  of  animals  and  animal  products
Member  States  which  have  notified 
DK,  P,  UK
Belgium

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Germany

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Greece

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Spain

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

France

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Ireland

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Italy

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Luxembourg -(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Netherlands -(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Austria

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Finland

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Sweden

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Sweden

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

United
Kingdom

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

97/0006
Feedingstuffs  -  additives
Member  States  which  have  notified  implementing  measures:  all
except  EL
Belgium

-(cid:217)97/0274,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Greece

-(cid:217)97/0321,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0355,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Finland

-(cid:217)97/0449,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Sweden

-(cid:217)97/0461,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

97/0014
Organisms  harmful  to  plants
Member  States  which  have  notified  implementing  measures:  all
except  L
Belgium

-(cid:217)97/0275,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Germany

-(cid:217)97/0304,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Greece

-(cid:217)97/0322,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

97/0002
Protection  of  calves
Member  States  which  have  notified 
D,  F,  NL,  P
Belgium

sent  in  1998

implementing  measures:

Spain

-(cid:217)97/0337,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

France

-(cid:217)97/0356,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

C  250/172

EN

Official  Journal  of  the  European  Communities

10.8.98

Ireland

-(cid:217)97/0368,  no  measures  notified,  Art.  169  letter

Luxembourg -(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

in  1997,  terminated  in  1997

sent  in  1998

Italy

-(cid:217)97/0381,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Portugal

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Luxembourg -(cid:217)97/0397,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0424,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Finland

-(cid:217)97/0450,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)97/0477,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

97/0022
Protection  against  zoonoses  and  zoonotic  agents
Member  States  which  have  notified 
D,  A,  P,  S,  UK
Belgium

-(cid:217)97/0550,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0566,  no  measures  notified,  Art.  169  letter

in  1997

implementing  measures:

Finland

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Sweden

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

United
Kingdom

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

97/0057
Plant  protection  products
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  EL,  E,  I,  P,  FIN,  S
Belgium

-(cid:217)97/0554,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0569,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Germany

-(cid:217)97/0583,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0598,  no  measures  notified,  Art.  169  letter

Greece

-(cid:217)97/0602,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

Spain

-(cid:217)97/0613,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0626,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0643,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0660,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)97/0681,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0616,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0664,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0672,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

Portugal

-(cid:217)97/0716,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0733,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0747,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)97/0712,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

Finland

-(cid:217)97/0729,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0764,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated  in  1998

97/0047
Labelling  of  feedingstuffs
Member  States  which  have  notified 
DK,  D,  NL,  A
Belgium

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

implementing  measures:

6.(cid:217)ENVIRONMENT

sent  in  1998

Greece

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Spain

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

France

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Ireland

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

Italy

-(cid:217).(cid:216).(cid:216).,  no  measures  notified,  Art.  169  letter  to  be

sent  in  1998

75/0439
Disposal  of  waste  oils
Member  States  which  have  notified  implementing  measures:  all

Germany

-(cid:217)90/5097,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/102)

Portugal

-(cid:217)93/2115,  not  properly  implemented,  reasoned

opinion  in  1997

75/0440
Surface  water
Member  States  which  have  notified  implementing  measures:  all

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/173

Germany

-(cid:217)87/0372,  not  properly 

implemented,  2nd

Germany

-(cid:217)89/2343,  not  properly  applied,  referral 

in

referral  (Art.  171)  in  1997  (Case  C(cid:220)97/122)

1997  (Case  C(cid:220)97/184)

France

-(cid:217)92/4200,  not  properly  applied, 

reasoned

Greece

-(cid:217)91/0620,  not  properly  applied,  referral 

in

opinion  in  1997

1995  (Case  C(cid:220)95/233)

Italy

-(cid:217)89/0206, 

not 

implemented,
supplementary  reasoned  opinion  to  be  sent  in
1998

properly 

Portugal

-(cid:217)92/2300,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/214)

United
Kingdom

-(cid:217)89/4571,  not  properly  implemented,  reasoned

opinion  in  1996

75/0442
Waste
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)89/0138,  not  properly  applied,  2nd  referral
Greece

(Art.  171)  in  1997  (Case  C(cid:220)97/387)

Greece

-(cid:217)90/0979,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/384)

Greece

-(cid:217)89/0303,  not  properly  applied,  referral 

in

1995  (Case  C(cid:220)95/232)

Spain

-(cid:217)90/0960,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/214)

Spain

-(cid:217)90/2190,  not  properly  applied, 
opinion  in  1995,  referral  suspended

reasoned

Spain

-(cid:217)94/4865,  not  properly  applied, 

reasoned

opinion  in  1997

Spain

-(cid:217)94/4548,  not  properly  applied,  supplementary

reasoned  opinion  in  1997

France

-(cid:217)91/0206,  not  properly  applied,  supplementary

Ireland

-(cid:217)91/0704, 

not 

properly 

implemented,

reasoned  opinion  to  be  sent  in  1998

terminated  in  1997

Ireland

-(cid:217)90/5220,  not  properly  implemented,  reasoned

-(cid:217)88/0239,  not  properly  applied,  terminated  in

opinion  in  1997

Italy

Italy

1997

-(cid:217)90/0262,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/365)

Portugal

-(cid:217)93/4085,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

76/0160
Bathing  water
Member  States  which  have  notified  implementing  measures:  all
except  D,  FIN
Belgium

-(cid:217)89/0416,  not  properly  applied, 

reasoned

opinion  in  1997,  referral  scheduled  in  1998

Germany

-(cid:217)89/0317,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/198)

Germany

-(cid:217)97/2039,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)89/0418,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)97/092)

France

-(cid:217)96/2107,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

Italy

-(cid:217)87/0356, 

not 

implemented,
supplementary  reasoned  opinion  (suspended)
in  1997

properly 

Finland

-(cid:217)96/0559,  no  measures  notified, 

reasoned

opinion  in  1997,  referral  scheduled  in  1998

United
Kingdom

-(cid:217)86/0214,  not  properly  applied,  judgment  in

1993  (Case  C(cid:220)90/056)

76/0464
Dangerous  substances  in  the  sea
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)91/0205,  not  properly  implemented,  referral
Belgium

in  1997  (Case  C(cid:220)97/207)

Italy

-(cid:217)91/0642,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/285)

Luxembourg -(cid:217)91/0207,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/206)

Netherlands -(cid:217)90/4113,  not  properly 

applied, 

referral

scheduled  in  1998

Portugal

-(cid:217)91/0556,  not  properly 

applied, 

referral

scheduled  in  1998

United
Kingdom

-(cid:217)91/0785,  not  properly  applied, 

reasoned

opinion  in  1997

78/0319
Toxic  and  dangerous  waste
Member  States  which  have  notified  implementing  measures:  all
in
Germany
in  1994,

-(cid:217)90/0038,  not  properly  applied,  referral 

judgment 

1992  (Case  C(cid:220)92/422), 
Art.(cid:217)171  letter  in  1997

78/0659
Quality  of  fresh  waters
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/2202,  not  properly  applied,  terminated  in
Belgium

1997

Germany

-(cid:217)90/2203,  not  properly  applied,  referral 

in
1995  (Case  C(cid:220)95/298),  Art.  171  letter  in  1997

Italy

United
Kingdom

-(cid:217)90/0211,  not  properly  implemented,  referral
in  1993  (Case  C(cid:220)93/291),  judgment  in  1994,
Art.  171  letter  in  1997

-(cid:217)92/2362,  not  properly  implemented,  reasoned

opinion  in  1997

79/0409
Conservation  of  wild  birds
Member  States  which  have  notified  implementing  measures:  all

C  250/174

EN

Official  Journal  of  the  European  Communities

10.8.98

Belgium

-(cid:217)90/0291, 

not 

properly 

implemented,

supplementary  reasoned  opinion  in  1997

Germany

-(cid:217)92/4575,  not  properly  applied,  supplementary

Art.  169  letter  to  be  sent  in  1998

80/0068
Protection  of  groundwater
Member  States  which  have  notified  implementing  measures:  all
Germany

-(cid:217)86/0121,  terminated  in  1997

Germany

-(cid:217)94/4864,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

Ireland

-(cid:217)89/0163, 

not 

properly 

implemented,

supplementary  reasoned  opinion  in  1997

Germany

-(cid:217)86/0222, 

not 

properly 

implemented,

Portugal

-(cid:217)93/2112,  not  properly  implemented,  referral

terminated  in  1997

in  1997  (Case  C(cid:220)97/183)

Spain

-(cid:217)91/4380,  not  properly  applied, 

reasoned

France

-(cid:217)90/0352,  not  properly  implemented,

opinion  in  1996

Spain

-(cid:217)95/4128,  not  properly  applied, 

reasoned

opinion  in  1997

United
Kingdom

-(cid:217)90/5242,  not  properly  applied, 

reasoned

opinion  in  1997

Spain

France

France

-(cid:217)88/0295,  not  properly  applied,  judgment  in
1993  (Case  C(cid:220)90/355),  Art.  171  letter  in  1996

-(cid:217)84/0121,  not  properly  implemented,  judgment
supplementary
(Case  C(cid:220)90/355), 

in  1993 
Art.(cid:217)171  letter  in  1997

-(cid:217)94/4084, 

not 

implemented,
supplementary  Art.  169  letter  to  be  sent  in
1998

properly 

80/0778
Drinking  water
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/5043,  not  properly  applied,  terminated  in
Belgium

1997

France

-(cid:217)91/2316,  not  properly  applied,  terminated  in

1997

France

-(cid:217)94/4733,  not  properly  applied, 

reasoned

opinion  in  1997

Portugal

-(cid:217)93/2191,  not  properly  implemented,  reasoned

opinion  to  be  sent  in  1998

France

-(cid:217)91/4599,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/166)

United
Kingdom

-(cid:217)91/0772,  not  properly  applied,  referral 

in

1996  (Case  C(cid:220)96/340)

France

-(cid:217)92/4052,  not  properly  applied, 

reasoned

opinion  in  1997

France

-(cid:217)92/4527,  not  properly  applied, 

reasoned

opinion  in  1997

France

-(cid:217)89/4910,  not  properly  applied, 

reasoned

opinion  in  1995,  referral  scheduled  in  1998

80/0779
Air  quality
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0386,  no  measures  notified,  terminated  in
Austria

1997

France

-(cid:217)91/0640,  not  properly 

applied, 

referral

Portugal

-(cid:217)93/2113,  not  properly  applied,  terminated  in

(suspended)  in  1997

1997

-(cid:217)92/4279,  not  properly  implemented,  reasoned

Finland

-(cid:217)96/0564,  no  measures  notified,  terminated  in

opinion  in  1997

1997

Italy

Italy

Italy

-(cid:217)93/2165,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

-(cid:217)87/0327,  not  properly 

applied, 

referral

(suspended)  in  1997

Luxembourg -(cid:217)88/0172,  not  properly  applied,  supplementary

reasoned  opinion  in  1997

Netherlands -(cid:217)93/4479,  not  properly  applied, 
opinion  in  1997

reasoned

Finland

-(cid:217)96/0563,  no  measures  notified,  terminated  in

80/0836
Health  protection  -  ionising  radiation
Member  States  which  have  notified  implementing  measures:  all
except  A,  FIN,  S
Luxembourg -(cid:217)88/0487,  not  properly  implemented,  referral

scheduled  in  1998

Netherlands -(cid:217)88/0488, 

not 

properly 

implemented,

supplementary  Art.  169  letter  (suspended)

1997

Austria

-(cid:217)97/0130,  no  measures  notified,  Art.  169  letter

in  1997

79/0869
Surface  water
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/2035,  not  properly  implemented,  referral
Portugal

in  1997  (Case  C(cid:220)97/229)

Finland

-(cid:217)97/0159,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0167,  no  measures  notified,  Art.  169  letter

in  1997

79/0923
Shellfish  waters
Member  States  which  have  notified  implementing  measures:  all
in
Italy

-(cid:217)91/0743,  not  properly  applied,  referral 
1996  (Case  C(cid:220)96/225),  judgment  in  1997

82/0176
Mercury  discharges
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)92/2207,  not  properly  implemented,  reasoned
Italy

opinion  (suspended)  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/175

82/0501
Major  accident  hazards
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)87/0219,  not  properly  implemented,  referral
Germany

85/0203
Air  quality  -  nitrogen  dioxide
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0394,  no  measures  notified,  terminated  in
Austria

in  1997  (Case  C(cid:220)97/192)

1997

Italy

-(cid:217)91/2065,  not  properly  applied,  referral 

in

Finland

-(cid:217)96/0568,  no  measures  notified,  terminated  in

1997  (Case  C(cid:220)97/336)

1997

82/0884
Lead  in  the  air
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0388,  no  measures  notified,  terminated  in
Austria

1997

Finland

-(cid:217)96/0565,  no  measures  notified,  terminated  in

1997

83/0129
Seal(cid:220)pup  skins
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0566,  no  measures  notified,  terminated  in
Finland

1997

83/0513
Cadmium  discharges
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)92/2205,  not  properly  implemented,  reasoned
Italy

opinion  (suspended)  in  1997

84/0156
Mercury  discharges
Member  States  which  have  notified  implementing  measures:  all
in
Portugal

-(cid:217)92/2303,  not  properly  applied,  referral 

1997  (Case  C(cid:220)97/208)

84/0360
Air  pollution  from  industrial  plants
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)92/2183,  not  properly  implemented,  reasoned
Portugal

opinion  to  be  sent  in  1998

84/0466
Radiation  protection  -  patients
Member  States  which  have  notified  implementing  measures:  all
implemented,
not 
Belgium
supplementary  Art.  169  letter  (suspended)  in
1997

-(cid:217)90/0237, 

properly 

Spain

-(cid:217)91/0723,  not  properly  implemented,  referral

in  1996  (Case  C(cid:220)97/021)

Ireland

-(cid:217)90/0239,  not  properly  implemented,  referral

scheduled  in  1998

Italy

-(cid:217)90/0240,  not  properly  implemented,  judgment
in  1993  (Case  C(cid:220)92/95),  2nd  referral  (Art.
171),  suspended  in  1997

United
Kingdom

-(cid:217)89/5110, 

not 

properly 

implemented,

terminated  in  1997

85/0337
Assessment  of  the  effects  of  projects  on  the  environment
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)89/0652,  not  properly  implemented,  referral
Belgium
in  1994  (Case  C(cid:220)94/133),  Art.  171  letter  in
1997

Germany

-(cid:217)90/4710,  not  properly  implemented,  referral

in  1995  (Case  C(cid:220)95/301)

Germany

-(cid:217)93/2003,  not  properly  implemented,  reasoned

opinion  to  be  sent  in  1998

Greece

-(cid:217)91/2036,  not  properly  implemented,  reasoned

opinion  (suspended)  in  1997

Spain

-(cid:217)90/0129, 

not 

implemented,
supplementary  reasoned  opinion  to  be  sent  in
1998

properly 

Ireland

-(cid:217)89/0425,  not  properly  implemented,  referral

in  1996  (Case  C(cid:220)96/392)

Italy

Italy

-(cid:217)91/0794,  not  properly  implemented,  reasoned

opinion  in  1993

-(cid:217)92/4674,  not  properly  implemented,  reasoned

opinion  in  1997

Portugal

-(cid:217)91/2168,  not  properly  implemented,  referral

in  1997  (Case  C(cid:220)97/150)

85/0411
Conservation  of  wild  birds
Member  States  which  have  notified  implementing  measures:  all
in
Netherlands -(cid:217)87/0176,  not  properly  applied,  referral 

1996  (Case  C(cid:220)96/003)

Finland

-(cid:217)96/0563,  no  measures  notified,  terminated  in

1997

85/0444
Seal(cid:220)pup  skins
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0570,  no  measures  notified,  terminated  in
Finland

1997

86/0278
Sewage  sludge  used  in  agriculture
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/0230,  no  measures  notified,  terminated  in
Belgium

1997

Portugal

-(cid:217)90/0242,  not  properly  implemented,  referral

France

-(cid:217)92/2226,  not  properly  implemented,  reasoned

in  1996  (Case  C(cid:220)96/276)

opinion  to  be  sent  in  1998

C  250/176

EN

Official  Journal  of  the  European  Communities

10.8.98

86/0280
Dangerous  substances  in  the  sea
Member  States  which  have  notified  implementing  measures:  all
implemented,
not 
Germany

-(cid:217)89/0427, 

properly 

89/0370
Seal(cid:220)pup  skins
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0572,  no  measures  notified,  terminated  in
Finland

terminated  in  1997

1997

Ireland

-(cid:217)91/2216, 

not 

implemented,
supplementary  Art.  169  letter  to  be  sent  in
1998

properly 

Portugal

-(cid:217)92/2358,  not  properly  implemented,  referral

in  1997  (Case  C(cid:220)97/213)

86/0431
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0397,  no  measures  notified,  terminated  in
Austria

1997

86/0609
Protection  of  animals
Member  States  which  have  notified  implementing  measures:  all
except  S
Belgium

-(cid:217)93/2218,  not  properly  implemented,  referral

in  1997  (Case  C(cid:220)97/268)

89/0427
Sulphur  dioxide  in  the  air
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0573,  no  measures  notified,  terminated  in
Finland

1997

89/0429
Municipal  waste  incinerators
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/2122,  not  properly  implemented,  reasoned
Belgium

opinion  to  be  sent  in  1998

89/0618
Health  protection  -  radiological  emergency
Member  States  which  have  notified  implementing  measures:  all
except  FIN,  S
Luxembourg -(cid:217)93/0611,  no  measures  notified,  terminated  in

Luxembourg -(cid:217)93/2190,  not  properly  implemented,  referral

1997

scheduled  in  1998

Germany

-(cid:217)93/2276,  not  properly  implemented,  referral

Portugal

-(cid:217)92/2359,  not  properly  implemented,  referral

scheduled  in  1998

in  1997  (Case  C(cid:220)97/299)

Sweden

-(cid:217)96/0487,  no  measures  notified, 

reasoned

opinion  in  1997

87/0217
Pollution  by  asbestos
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)90/4122,  not  properly  applied,  terminated  in
Belgium

1997

Portugal

-(cid:217)91/2218, 

not 

properly 

implemented,

terminated  in  1997

United
Kingdom

-(cid:217)91/2163,  not  properly  applied,  terminated  in

1997

88/0609
Emissions  from  large  combustion  plants
Member  States  which  have  notified  implementing  measures:  all
implemented,
not 
Portugal

-(cid:217)91/2220, 

properly 

terminated  in  1997

89/0369
Incineration  of  municipal  waste
Member  States  which  have  notified  implementing  measures:  all
except  I
Belgium

-(cid:217)93/2121,  not  properly  implemented,  reasoned

opinion  to  be  sent  in  1998

Italy

-(cid:217)91/0417,  no  measures  notified,  referral 

in
1995  (Case  C(cid:220)95/237),  Art.  171  letter  in  1997

Finland

-(cid:217)96/0574,  no  measures  notified,  Art.  169  letter

in  1996

Sweden

-(cid:217)96/0488,  no  measures  notified,  Art.  169  letter

in  1996

90/0219
Genetically  modified  organisms
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/2120,  not  properly  implemented,  referral
Belgium

in  1997  (Case  C(cid:220)97/343)

Germany

-(cid:217)91/2336,  not  properly  implemented,  reasoned
opinion  in  1997,  referral  scheduled  in  1998

Luxembourg -(cid:217)92/0395,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)93/2179,  not  properly  implemented,  reasoned

opinion  in  1997

90/0220
Genetically  modified  organisms
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/2120,  not  properly  implemented,  referral
Belgium

in  1997  (Case  C(cid:220)97/343)

Germany

-(cid:217)91/2336,  not  properly  implemented,  reasoned
opinion  in  1997,  referral  scheduled  in  1998

Luxembourg -(cid:217)92/0395,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)91/2173, 

not 

properly 

implemented,

Portugal

-(cid:217)93/2179,  not  properly  implemented,  reasoned

terminated  in  1997

opinion  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/177

90/0313
Freedom  of  access  to  information  on  the  environment
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/2196,  not  properly  implemented,  referral
Germany

in  1997  (Case  C(cid:220)97/217)

Spain

-(cid:217)94/2277,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/298)

France

-(cid:217)94/2270,  not  properly 

applied, 

referral

scheduled  in  1998

Belgium

-(cid:217)93/4372,  not  properly  implemented,  reasoned

France

opinion  to  be  sent  in  1998

Netherlands -(cid:217)93/2034,  not  properly  implemented,  reasoned

-(cid:217)92/1009,  no  measures  notified,  referral 

in
1996  (Case  C(cid:220)96/282),  Art.  171  letter  to  be
sent  in  1998

opinion  in  1997

Ireland

-(cid:217)94/4343,  not  properly  applied,  terminated  in

Portugal

-(cid:217)94/4682,  not  properly  implemented,  reasoned

opinion  to  be  sent  in  1998

Spain

-(cid:217)93/2197,  not  properly  implemented,  referral

scheduled  in  1998

Spain

-(cid:217)95/4678,  not  properly  implemented,  referral

scheduled  in  1998

90/0641
Radiation  protection  -  outside  workers
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/0004,  no  measures  notified,  terminated  in
Belgium

1997

1997

Italy

-(cid:217)92/1011,  no  measures  notified,  judgment  in
1996  (Case  C(cid:220)95/303),  Art.  171  letter  in  1997

Italy

-(cid:217)94/2274,  not  properly 

applied, 

referral

scheduled  in  1998

Portugal

-(cid:217)97/2073,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

91/0244
Conservation  of  wild  birds
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/2123,  not  properly  implemented,  reasoned
Belgium

Greece

-(cid:217)94/0130,  no  measures  notified,  terminated  in

opinion  in  1997

1997

Spain

-(cid:217)94/0131,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)94/0332,  no  measures  notified,  terminated  in

1997

France

-(cid:217)94/2097,  not  properly  implemented,  referral

scheduled  in  1998

91/0156
Waste
Member  States  which  have  notified  implementing  measures:  all
except  E,  F
Spain

-(cid:217)93/0720,  no  measures  notified,  referral 

in
1996  (Case  C(cid:220)96/107),  Art.  171  letter  to  be
sent  in  1998

Greece

-(cid:217)93/0901,  no  measures  notified,  terminated  in

1997

Finland

-(cid:217)96/0579,  no  measures  notified,  terminated  in

1997

91/0271
Urban  waste(cid:220)water  treatment
Member  States  which  have  notified  implementing  measures:  all
except  D,  I
Germany

-(cid:217)93/0669,  no  measures  notified,  referral 

in
1995  (Case  C(cid:220)95/297),  Art.  171  letter  in  1997

Spain

-(cid:217)97/2069,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

Greece

-(cid:217)93/0718,  no  measures  notified,  terminated  in

France

-(cid:217)93/0737,  no  measures  notified,  referral 

in
1996  (Case  C(cid:220)96/223),  Art.  171  letter  to  be
sent  in  1998

Italy

Italy

-(cid:217)95/2184,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

1997

-(cid:217)93/0786,  no  measures  notified,  referral 

in
1995  (Case  C(cid:220)95/302),  Art.  171  reasoned
opinion  to  be  sent  in  1998

Portugal

-(cid:217)93/2247,  not  properly  implemented,  referral

scheduled  in  1998

91/0157
Batteries  containing  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  D,  F,  I
Belgium

-(cid:217)92/1005,  no  measures  notified,  terminated  in

1997

Belgium

-(cid:217)94/2271,  not  properly  applied,  referral 

in

1997  (Case  C(cid:220)97/347)

Germany

-(cid:217)92/1006,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/236),  judgment  in  1997

in

91/0410
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)92/0666,  no  measures  notified,  referral 

in

1996  (Case  C(cid:220)96/356)

Italy

-(cid:217)92/0832,  no  measures  notified,  terminated  in

1997

Greece

-(cid:217)94/2273,  not  properly  applied, 

reasoned

Portugal

-(cid:217)92/0902,  no  measures  notified,  terminated  in

opinion  in  1997,  referral  scheduled  in  1998

1997

C  250/178

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Official  Journal  of  the  European  Communities

10.8.98

91/0676
Pollution  of  water  by  nitrates  of  agricultural  origin
Member  States  which  have  notified  implementing  measures:  all
implemented,
not 
Belgium

-(cid:217)94/2239, 

properly 

92/0014
Operation  of  aeroplanes
Member  States  which  have  notified  implementing  measures:  all
reasoned
Belgium

-(cid:217)95/4970,  not  properly  applied, 

supplementary  reasoned  opinion  in  1997

opinion  to  be  sent  in  1998

Greece

-(cid:217)94/2247,  not  properly  implemented,  referral

in  1997  (Case  C(cid:220)97/173)

Spain

-(cid:217)94/2240,  not  properly  implemented,  referral

in  1997  (Case  C(cid:220)97/071)

Spain

-(cid:217)96/2205,  not  properly  applied, 

reasoned

opinion  in  1997

Finland

-(cid:217)96/0581,  no  measures  notified,  terminated  in

1997

Ireland

-(cid:217)94/2238,  not  properly  implemented,  reasoned

opinion  to  be  sent  in  1998

Italy

Italy

-(cid:217)94/2245,  not  properly  implemented,  referral

in  1997  (Case  C(cid:220)97/195)

-(cid:217)96/2232,  not  properly  implemented,  reasoned

opinion  to  be  sent  in  1998

Netherlands -(cid:217)94/2242,  supplementary  Art.  169 

letter 

in

1997

Austria

-(cid:217)96/0430,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)94/2243, 

not 

properly 

implemented,

terminated  in  1997

91/0689
Hazardous  waste
Member  States  which  have  notified  implementing  measures:  all
except  UK
Greece

-(cid:217)95/0448,  no  measures  notified,  terminated  in

1997

Spain

-(cid:217)95/0474,  no  measures  notified,  terminated  in

1997

France

-(cid:217)95/0498,  no  measures  notified,  terminated  in

1997

Italy

-(cid:217)95/0539,  no  measures  notified,  terminated  in

1997

Luxembourg -(cid:217)95/0565,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)95/0601,  no  measures  notified,  terminated  in

1997

92/0032
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)93/0970,  no  measures  notified,  referral 

in
1996  (Case  C(cid:220)96/222),  Art.  171  letter  in  1997

Italy

-(cid:217)93/1044,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)93/1075,  no  measures  notified,  terminated  in

1997

92/0043
Conservation  of  natural  habitats  and  wild  fauna  and  flora
Member  States  which  have  notified  implementing  measures:  all
except  B,  D,  EL,  F,  FIN
Germany

-(cid:217)94/0645,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/083),  judgment  in  1997

in

Germany

-(cid:217)95/2225,  not  properly  applied, 

reasoned

opinion  in  1997

Belgium

-(cid:217)96/2148,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)96/2090,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

Greece

-(cid:217)94/0703,  no  measures  notified,  referral 

1996  (Case  C(cid:220)96/324), 
Art.(cid:217)171  letter  to  be  sent  in  1998

judgment 

in
in  1997,

Spain

-(cid:217)95/2231,  not  properly  applied, 

reasoned

opinion  in  1997

Spain

-(cid:217)96/4373,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

France

-(cid:217)94/0673,  no  measures  notified,  supplementary

reasoned  opinion  in  1997

France

-(cid:217)95/2230,  not  properly  applied, 

reasoned

opinion  in  1997

Ireland

-(cid:217)96/2028, 

not 

properly 

implemented,

terminated  in  1997

United
Kingdom

-(cid:217)95/0629,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

Ireland

-(cid:217)95/2229,  not  properly  applied, 

reasoned

opinion  in  1997

92/0003
Shipments  of  radioactive  waste
Member  States  which  have  notified  implementing  measures:  all
except  B,  D
Belgium

-(cid:217)94/0400,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/277)

Italy

Italy

-(cid:217)94/0718,  no  measures  notified,  terminated  in

1997

-(cid:217)96/2091,  not  properly  applied, 

reasoned

opinion  to  be  sent  in  1998

Luxembourg -(cid:217)95/2226,  not  properly  applied, 
opinion  in  1997

reasoned

Germany

-(cid:217)94/0413,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/220)

Netherlands -(cid:217)95/2228,  not  properly  applied, 
opinion  in  1997

reasoned

Greece

-(cid:217)94/0428,  no  measures  notified,  terminated  in

Portugal

-(cid:217)94/0748,  no  measures  notified,  terminated  in

1997

1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/179

United
Kingdom

-(cid:217)96/2092,  not  properly  applied, 

reasoned

opinion  in  1997

Finland

-(cid:217)96/0582,  no  measures  notified, 

reasoned

opinion  in  1998

Finland

-(cid:217)95/2224,  not  properly  applied, 

reasoned

opinion  in  1998

93/0067
Principles  for  assessment  of  risks
Member  States  which  have  notified  implementing  measures:  all
except  B,  UK
Belgium

-(cid:217)93/0978,  no  measures  notified,  referral 

in
1996  (Case  C(cid:220)96/221),  judgment  in  1996,  Art.
171  letter  in  1997

92/0069
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)93/0973,  no  measures  notified,  referral 

in
1996  (Case  C(cid:220)96/220),  Art.  171  letter  in  1997

Italy

-(cid:217)93/1047,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)93/1077,  no  measures  notified,  terminated  in

1997

92/0072
Air  pollution  by  ozone
Member  States  which  have  notified  implementing  measures:  all
except  S
France

-(cid:217)96/2186,  not  properly  applied, 

reasoned

Italy

-(cid:217)93/1054,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)93/1084,  no  measures  notified,  terminated  in

1997

United
Kingdom

-(cid:217)93/1095,  no  measures  notified,  supplementary

Art.  169  letter  in  1997

93/0072
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)94/0791,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/190),  judgment  in  1997

in

Italy

-(cid:217)94/0885,  no  measures  notified,  terminated  in

1997

opinion  to  be  sent  in  1998

Portugal

-(cid:217)94/0943,  no  measures  notified,  terminated  in

Greece

-(cid:217)94/0547,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)94/0590,  no  measures  notified,  terminated  in

1997

Finland

-(cid:217)96/0583,  no  measures  notified,  terminated  in

1997

Sweden

-(cid:217)96/0491,  no  measures  notified, 

reasoned

opinion  in  1997

92/0112
Pollution  -  titanium  dioxide
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)94/2151,  not  properly  implemented,  reasoned
Germany

opinion  in  1997

93/0012
Sulphur  content  of  liquid  fuels
Member  States  which  have  notified  implementing  measures:  all
except  E
Belgium

-(cid:217)94/0519,  no  measures  notified,  terminated  in

1997

Spain

-(cid:217)94/0552,  no  measures  notified, 

reasoned

opinion  in  1996

93/0021
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)94/0782,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/313),  judgment  in  1997

in

1997

93/0086
Batteries  and  accumulators  containing  certain  dangerous
substances
Member  States  which  have  notified  implementing  measures:  all
except  D,  F,  I
Belgium

-(cid:217)94/0032,  no  measures  notified,  terminated  in

1997

Germany

-(cid:217)94/0094,  no  measures  notified,  referral 
1996  (Case  C(cid:220)96/236),  judgment  in  1997

in

France

-(cid:217)94/0193,  no  measures  notified,  referral 

1996  (Case  C(cid:220)96/283), 
Art.(cid:217)171  letter  to  be  sent  in  1998

judgment 

in
in  1997,

Italy

-(cid:217)94/0261,  no  measures  notified,  referral 

in

1996  (Case  C(cid:220)96/286)

93/0090
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)94/0033,  no  measures  notified, 

referral
scheduled  in  1996  (Case  C(cid:220)96/358),  judgment
in  1997

Italy

-(cid:217)94/0262,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)94/0361,  no  measures  notified,  terminated  in

1997

Italy

-(cid:217)94/0876,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)94/0933,  no  measures  notified,  terminated  in

1997

93/0101
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  B

C  250/180

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Official  Journal  of  the  European  Communities

10.8.98

Belgium

-(cid:217)95/0230,  no  measures  notified,  referral 
1997  (Case  C(cid:220)97/083),  judgment  in  1997

in

Greece

-(cid:217)96/0911,  no  measures  notified, 

reasoned

opinion  in  1997

Italy

-(cid:217)95/0319,  no  measures  notified,  terminated  in

Ireland

-(cid:217)96/0974,  no  measures  notified, 

reasoned

1997

opinion  in  1997

Portugal

-(cid:217)95/0361,  no  measures  notified,  terminated  in

1997

93/0105
Information  required  for  technical  dossiers
Member  States  which  have  notified  implementing  measures:  all
except  B
Belgium

-(cid:217)94/0035,  no  measures  notified,  referral 

in
in  1996,

1996  (Case  C(cid:220)96/218), 
Art.(cid:217)171  letter  in  1997

judgment 

Italy

-(cid:217)94/0263,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)94/0362,  no  measures  notified,  terminated  in

1997

94/0015
Genetically  modified  organisms
Member  States  which  have  notified  implementing  measures:  all
except  B,  L
Belgium

-(cid:217)94/0634,  no  measures  notified,  referral 

in
1996  (Case  C(cid:220)96/357),  judgment  in  1997,  Art.
171  letter  to  be  sent  in  1998

Germany

-(cid:217)94/0658,  no  measures  notified,  terminated  in

1997

Spain

-(cid:217)94/0672,  no  measures  notified,  terminated  in

1997

Luxembourg -(cid:217)94/0742,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/339)

94/0051
Genetically  modified  organisms
Member  States  which  have  notified  implementing  measures:  all
except  B,  L,  P
Belgium

-(cid:217)95/0239,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/343)

Spain

-(cid:217)95/0290,  no  measures  notified,  terminated  in

1997

Ireland

-(cid:217)95/0312,  no  measures  notified,  terminated  in

1997

Luxembourg -(cid:217)95/0344,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/339)

Portugal

-(cid:217)95/0371,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/285)

94/0062
Packaging  and  packaging  waste
Member  States  which  have  notified  implementing  measures:  all
except  B,  EL,  IRL,  L,  P,  FIN,  UK
Belgium

-(cid:217)96/2223,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

Luxembourg -(cid:217)96/1013,  no  measures  notified, 

reasoned

opinion  in  1997

Portugal

-(cid:217)96/2207,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

United
Kingdom

-(cid:217)96/2224,  no  measures  notified,  Art.  169  letter

in  1997

94/0063
Volatile  organic  compound  emissions
Member  States  which  have  notified  implementing  measures:  all
except  D,  UK
Belgium

-(cid:217)96/0011,  no  measures  notified,  terminated  in

1997

Germany

-(cid:217)96/0042,  no  measures  notified, 

reasoned

opinion  in  1997

Greece

-(cid:217)96/0059,  no  measures  notified,  terminated  in

1997

Ireland

-(cid:217)96/0116,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)96/0184,  no  measures  notified,  terminated  in

1997

Finland

-(cid:217)96/0590,  no  measures  notified,  terminated  in

1997

United
Kingdom

-(cid:217)95/2031,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

94/0066
Emissions  of  pollutants  into  the  air
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/0465,  no  measures  notified,  terminated  in
Greece

1997

Italy

-(cid:217)95/0555,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)95/0620,  no  measures  notified,  terminated  in

1997

94/0067
Incineration  of  hazardous  waste
Member  States  which  have  notified  implementing  measures:  all
except  B,  DK,  EL,  IRL,  I,  A,  P,  FIN,  UK
Austria

-(cid:217)97/0137,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

Belgium

-(cid:217)97/0021,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

Denmark

-(cid:217)97/0027,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

Finland

-(cid:217)97/0161,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

Greece

-(cid:217)97/0048,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

Finland

-(cid:217)96/0589,  no  measures  notified, 

reasoned

Ireland

-(cid:217)97/0085,  no  measures  notified, 

reasoned

opinion  in  1997

opinion  to  be  sent  in  1998

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/181

Italy

-(cid:217)97/0097,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

United
Kingdom

-(cid:217)97/0538,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0147,  no  measures  notified, 

reasoned

opinion  to  be  sent  in  1998

United
Kingdom

-(cid:217)97/0182,  no  measures  notified,  Art.  169  letter

in  1997

7.(cid:217)TRANSPORT

94/0069
Labelling  of  dangerous  substances
Member  States  which  have  notified  implementing  measures:  all
except  B,  IRL,  P
Belgium

-(cid:217)96/0859,  no  measures  notified, 

reasoned

opinion  in  1997

Ireland

-(cid:217)96/0975,  no  measures  notified, 

reasoned

opinion  in  1997

Portugal

-(cid:217)96/1040,  no  measures  notified, 

reasoned

opinion  in  1997

95/0027
Excavators,  dozers  and  excavator(cid:220)loaders
Member  States  which  have  notified  implementing  measures:  all
except  B,  I
Belgium

-(cid:217)96/0016,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/326)

Greece

-(cid:217)96/0066,  no  measures  notified,  terminated  in

1997

Ireland

-(cid:217)96/0122,  no  measures  notified,  terminated  in

1997

Italy

-(cid:217)96/0141,  no  measures  notified,  referral 

in

1997  (Case  C(cid:220)97/324)

Luxembourg -(cid:217)96/0159,  no  measures  notified,  terminated  in

1997

97/0035
Release  of  genetically  modified  organisms
Member  States  which  have  notified  implementing  measures:  all
except  B,  DK,  D,  EL,  F,  IRL,  A,  P,  S,  UK
Belgium

-(cid:217)97/0483,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0487,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0492,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0496,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0505,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0510,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0523,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0528,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0535,  no  measures  notified,  Art.  169  letter

in  1997

76/0135
Reciprocal  recognition  of  navigability 
waterway  vessels
Member  States  which  have  notified 
B,  D,  F,  L,  NL,  A

licences 

for 

inland

implementing  measures:

79/0115
Pilotage  of  vessels
Member  States  which  have  notified  implementing  measures:  all

82/0714
Technical  requirements  for  inland  waterway  vessels
Member  States  which  have  notified 
B,  D,  F,  I,  L,  NL,  A

implementing  measures:

84/0647
Vehicles  hired  without  drivers
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0392,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

87/0540
Admission  to  the  occupation  of  carrier  of  goods  by  waterway
Member  States  which  have  notified 
implementing  measures:
B,  D,  F,  I,  L,  NL,  A
Germany

-(cid:217)93/2202,  not  properly  implemented,  Art.  169
in  1995,
in  1994,  reasoned  opinion 

letter 
terminated  in  1997

88/0599
Transport  by  road  -  social  legislation  -  recording  equipment
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0571,  no  measures  notified,  Art.  169  letter
Finland

in  1996,  terminated  in  1997

90/0398
Vehicles  hired  without  drivers
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)96/0413,  no  measures  notified,  Art.  169  letter
Austria

in  1996,  terminated  in  1997

91/0328
Roadworthiness  tests  for  motor  vehicles  and  their  trailers
Member  States  which  have  notified  implementing  measures:  all
except  IRL
Ireland

-(cid:217)93/0764,  no  measures  notified,  Art.  169  letter
in  1993,  reasoned  opinion  in  1996,  referral
scheduled

91/0439
Driving  licences
Member  States  which  have  notified 
B,  DK,  EL,  E,  IRL,  I,  L,  NL,  A,  P,  FIN,  S,  UK

implementing  measures:

C  250/182

EN

Official  Journal  of  the  European  Communities

10.8.98

Belgium

-(cid:217)96/0857,  no  measures  notified,  Art.  169  letter

Austria

-(cid:217)96/0429,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

in  1996,  terminated  in  1997

Germany

-(cid:217)96/2218,  partial  failure  to  notify  measures,
Art.  169  letter  in  1997,  reasoned  opinion  to  be
sent

France

-(cid:217)96/2216,  partial  failure  to  notify  measures,
Art.  169  letter  in  1997,  reasoned  opinion  to  be
sent

Austria

-(cid:217)96/2217,  partial  failure  to  notify  measures,
Art.  169  letter  in  1997,  terminated  in  1997

Portugal

-(cid:217)96/2221,  partial  failure  to  notify  measures,
Art.  169  letter  in  1997,  terminated  in  1997

Sweden

-(cid:217)96/2222,  not  properly  implemented,  Art.  169
letter  in  1997,  reasoned  opinion  to  be  sent

92/0106
Combined  transport
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/0636,  no  measures  notified,  Art.  169  letter
Belgium
in  1993,  reasoned  opinion  in  1996,  referral  in
1997,  withdrawn  in  1997

93/0065
Air(cid:220)traffic  management  systems
Member  States  which  have  notified 
DK,  D,  EL,  E,  F,  IRL,  L,  NL,  P,  FIN,  S,  UK
Belgium

-(cid:217)95/0394,  no  measures  notified,  Art.  169  letter

implementing  measures:

United
Kingdom

-(cid:217)96/2234,  no  measures  notified,  Art.  169  letter

in  1995,  reasoned  opinion  in  1996

in  1997,  terminated  in  1997

91/0440
Development  of  railways
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/2243,  not  properly  implemented,  Art.  169
Spain

letter  in  1996,  reasoned  opinion  in  1997

France

Italy

-(cid:217)95/2247,  not  properly  implemented,  Art.  169
letter  in  1997,  reasoned  opinion  to  be  sent

-(cid:217)95/2245,  not  properly  implemented,  Art.  169
letter  in  1996,  reasoned  opinion  in  1997,  to  be
referred

Luxembourg -(cid:217)95/2244,  not  properly  implemented,  Art.  169

letter  in  1996,  reasoned  opinion  in  1997

United
Kingdom

-(cid:217)95/2248,  not  properly  implemented,  Art.  169
letter  in  1997,  reasoned  opinion  to  be  sent

91/0670
Mutual  acceptance  of  personnel  licences  in  civil  aviation
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/4152,  not  properly  applied,  Art.  169  letter
Belgium

in  1996,  reasoned  opinion  to  be  sent

Spain

-(cid:217)93/4211,  not  properly  applied, 
opinion  in  1996,  terminated  in  1997

reasoned

France

-(cid:217)93/4916,  not  properly  applied, 

reasoned

opinion  in  1995

91/0672
Boatmasters’  certificates  for  inland  waterways
Member  States  which  have  notified 
B,  D,  F,  L,  NL,  A

implementing  measures:

Spain

France

Italy

-(cid:217)95/0477,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

-(cid:217)94/0843,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  terminated
in  1997

-(cid:217)95/0542,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral  in
1997

Austria

-(cid:217)96/0453,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  to  be  sent

93/0075
Minimum  requirements 
leaving
Community  ports  and  carrying  dangerous  or  polluting  goods
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/2219,  not  properly  implemented,  Art.  169
Belgium
letter  in  1996,  reasoned  opinion  to  be  sent

for  vessels  bound 

for  or 

Denmark

-(cid:217)94/0804,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1995,  terminated
in  1997

Germany

-(cid:217)95/2218,  not  properly  implemented,  Art.  169

letter  in  1996,  reasoned  opinion  in  1997

Spain

Italy

-(cid:217)94/0833,  no  measures  notified,  Art.  169  letter
in 
1995,
in  1997,

reasoned  opinion 

reasoned 

opinion 

in 
1995, 
supplementary 
terminated  in  1997

-(cid:217)94/0887,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1995,  referral  in
1997,  withdrawn  in  1997

United
Kingdom

-(cid:217)96/2170,  not  properly  implemented,  Art.  169

letter  in  1996,  reasoned  opinion  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/183

93/0089
Taxes  on  certain  vehicles  used  for  the  carriage  of  goods  by  road
Member  States  which  have  notified  implementing  measures:  all
except  F
France

-(cid:217)95/0103,  no  measures  notified,  Art.  169  letter
in  1995,  reasoned  opinion  in  1996,  referral  in
1997

Netherlands -(cid:217)97/0119,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0136,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)97/0146,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)95/0133,  no  measures  notified,  Art.  169  letter

in  1997

in  1995,  terminated  in  1997

Austria

-(cid:217)96/2059,  not  properly  applied,  Art.  169  letter
in  1996,  reasoned  opinion  in  1997,  referral
scheduled

Sweden

-(cid:217)96/0493,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

94/0023
Roadworthiness  tests  for  motor  vehicles  and  their  trailers  and
minimum  standards  for  testing  vehicle  braking  systems
Member  States  which  have  notified  implementing  measures:  all
except  A,  P
Ireland

-(cid:217)97/0224,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)97/0232,  no  measures  notified,  Art.  169  letter
in  1997,  terminated  in  1997

Austria

-(cid:217)97/0241,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)97/0247,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

94/0055
Carriage  of  dangerous  goods  by  road
Member  States  which  have  notified 
B,  DK,  D,  E,  F,  I,  L,  NL,  A,  P,  FIN,  S,  UK

implementing  measures:

94/0056
Investigation  of  civil  aviation  accidents  and  incidents
Member  States  which  have  notified 
DK,  IRL,  FIN,  S,  UK
Belgium

-(cid:217)97/0020,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997,  reasoned  opinion  to  be  sent

United
Kingdom

-(cid:217)97/0181,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

94/0057
Ship  inspections  and  surveys
Member  States  which  have  notified 
DK,  D,  EL,  E,  F,  L,  A,  P,  FIN,  S,  UK
Belgium

implementing  measures:

-(cid:217)96/0009,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  referral  in
1997

Germany

-(cid:217)97/2023,  not  properly  implemented,  Art.  169
letter  in  1997,  reasoned  opinion  to  be  sent

Greece

Spain

Ireland

Italy

-(cid:217)96/0056,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  terminated
in  1997

-(cid:217)96/2211,  not  properly  implemented,  Art.  169
letter  in  1997,  reasoned  opinion  to  be  sent

-(cid:217)96/0113,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  referred  in
1977

-(cid:217)96/0132,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  referral  in
1997

Netherlands -(cid:217)96/0164,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  referral  in
1997

Austria

-(cid:217)96/0469,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Germany

-(cid:217)97/0033,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)96/0588,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)97/0047,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)97/0061,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0075,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0084,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Italy

-(cid:217)96/0096,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Luxembourg -(cid:217)97/0107,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Sweden

-(cid:217)96/0495,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

United
Kingdom

-(cid:217)96/0202,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  terminated
in  1997

94/0058
Training  of  seafarers
Member  States  which  have  notified  implementing  measures:  all
except  NL

C  250/184

EN

Official  Journal  of  the  European  Communities

10.8.98

Ireland

Italy

-(cid:217)96/0114,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  terminated
in  1997

-(cid:217)96/0133,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  terminated
in  1997

95/0019
Allocation  of  railway  infrastructure  capacity  and  the  charging  of
infrastructure  fees
Member  States  which  have  notified 
DK,  D,  A,  P,  FIN,  S
Belgium

-(cid:217)97/0262,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997,  reasoned  opinion  to  be  sent

Netherlands -(cid:217)96/0165,  no  measures  notified,  Art.  169  letter

in  1996,  reasoned  opinion  in  1996

Denmark

-(cid:217)97/0278,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Austria

-(cid:217)96/0470,  no  measures  notified,  Art.  169  letter

in  1996,  terminated  in  1997

Greece

-(cid:217)97/0307,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)96/0182,  no  measures  notified,  Art.  169  letter
in  1996,  reasoned  opinion  in  1996,  terminated
in  1997

Spain

-(cid:217)97/0325,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

France

-(cid:217)97/0340,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

95/0018
Licensing  of  railway  undertakings
Member  States  which  have  notified 
DK,  D,  A,  FIN,  S
Belgium

implementing  measures:

Ireland

-(cid:217)97/0358,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

-(cid:217)97/0261,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Italy

-(cid:217)96/0371,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Denmark

-(cid:217)97/0277,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Luxembourg -(cid:217)97/0384,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Germany

-(cid:217)97/0292,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Netherlands -(cid:217)97/0400,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0306,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)97/0427,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Spain

-(cid:217)97/0324,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

United
Kingdom

-(cid:217)97/0463,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

France

-(cid:217)97/0339,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Ireland

-(cid:217)97/0357,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Italy

-(cid:217)96/0370,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Luxembourg -(cid:217)97/0383,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

95/0021
Ship  safety,  pollution  control  and  shipboard  living  and  working
conditions
Member  States  which  have  notified 
DK,  D,  EL,  E,  F,  L,  A,  FIN,  S,  UK
Belgium

-(cid:217)96/0861,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997,  reasoned  opinion  in  1997

Greece

-(cid:217)96/0914,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Netherlands -(cid:217)97/0399,  no  measures  notified,  Art.  169  letter

in  1997

Spain

-(cid:217)96/0939,  no  measures  notified,  Art.  169  letter
in  1997,  reasoned  opinion  in  1997,  terminated
in  1997

Portugal

-(cid:217)97/0426,  no  measures  notified,  Art.  169  letter

Ireland

-(cid:217)96/0978,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

in  1997,  reasoned  opinion  in  1997

United
Kingdom

-(cid:217)97/0462,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)96/0997,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

in  1997,  reasoned  opinion  in  1997

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/185

Netherlands -(cid:217)96/1032,  no  measures  notified,  Art.  169  letter

Denmark

-(cid:217)97/0201,  no  measures  notified,  Art.  169  letter

in  1997

in  1997,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)96/1043,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  in  1997

Finland

-(cid:217)96/1102,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

95/0050
Uniform  procedures  for  checks  on  transport  of  dangerous
goods  by  road
Member  States  which  have  notified 
DK,  EL,  E,  I,  L,  NL,  P,  FIN,  S,  UK
Belgium

-(cid:217)97/0478,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997

France

-(cid:217)97/0500,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0506,  no  measures  notified,  Art.  169  letter

in  1997

96/0039
Minimum  requirements 
leaving
Community  ports  and  carrying  dangerous  or  polluting  goods
Member  States  which  have  notified 
implementing  measures:
E,  I,  L,  A,  FIN,  S
Belgium

-(cid:217)97/0480,  no  measures  notified,  Art.  169  letter

for  vessels  bound 

for  or 

in  1997

Denmark

-(cid:217)97/0485,  no  measures  notified,  Art.  169  letter

in  1997

Germany

-(cid:217)97/0490,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0494,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0502,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0508,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)97/0517,  no  measures  notified,  Art.  169  letter

in  1997

Greece

-(cid:217)97/0208,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Spain

-(cid:217)97/0216,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

France

-(cid:217)97/0221,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Ireland

-(cid:217)97/0227,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Italy

-(cid:217)96/0230,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

Netherlands -(cid:217)97/0237,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Portugal

-(cid:217)97/0251,  no  measures  notified,  Art.  169  letter

in  1997,  reasoned  opinion  to  be  sent

Finland

-(cid:217)97/0255,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

United
Kingdom

-(cid:217)97/0258,  no  measures  notified,  Art.  169  letter

in  1997,  terminated  in  1997

96/0047
Driving  licences
Member  States  which  have  notified 
DK,  E,  L,  P,  FIN

implementing  measures:

96/0049
Transport  of  dangerous  goods  by  rail
Member  States  which  have  notified 
D,  E,  F,  NL,  A,  FIN,  S,  UK

implementing  measures:

96/0053
Maximum  weights  and  dimensions  for  certain  road  vehicles
Member  States  which  have  notified 
B,  DK,  E,  L,  P,  FIN
Germany

-(cid:217)97/0574,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997

Greece

-(cid:217)97/0587,  no  measures  notified,  Art.  169  letter

in  1997

France

-(cid:217)97/0620,  no  measures  notified,  Art.  169  letter

Portugal

-(cid:217)97/0525,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

United
Kingdom

-(cid:217)97/0537,  no  measures  notified,  Art.  169  letter

in  1997

96/0040
Common  model  for  an  identity  card  for  inspectors  carrying  out
port  State  control
Member  States  which  have  notified 
D,  EL,  E,  F,  I,  L,  FIN,  S,  UK
Belgium

-(cid:217)97/0198,  no  measures  notified,  Art.  169  letter

implementing  measures:

in  1997,  reasoned  opinion  to  be  sent

Ireland

-(cid:217)97/0633,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0650,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)97/0673,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0688,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0737,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0751,  no  measures  notified,  Art.  169  letter

in  1997

C  250/186

EN

Official  Journal  of  the  European  Communities

10.8.98

96/0067
Access  to  the  groundhandling  market  at  Community  airports
Member  States  which  have  notified 
implementing  measures:
none
Belgium

-(cid:217)97/0543,  no  measures  notified,  Art.  169  letter

in  1997

Denmark

-(cid:217)97/0559,  no  measures  notified,  Art.  169  letter

97/0034
Minimum  requirements 
leaving
Community  ports  and  carrying  dangerous  or  polluting  goods
Member  States  which  have  notified 
implementing  measures:
E,  L,  NL,  A,  S
Belgium

-(cid:217)97/0551,  no  measures  notified,  Art.  169  letter

for  vessels  bound 

for  or 

in  1997

in  1997

Denmark

-(cid:217)97/0567,  no  measures  notified,  Art.  169  letter

Germany

-(cid:217)97/0576,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

Germany

-(cid:217)97/0581,  no  measures  notified,  Art.  169  letter

Greece

-(cid:217)97/0591,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

Greece

-(cid:217)97/0599,  no  measures  notified,  Art.  169  letter

Spain

-(cid:217)97/0606,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

France

-(cid:217)97/0627,  no  measures  notified,  Art.  169  letter

France

-(cid:217)97/0622,  no  measures  notified,  Art.  169  letter

in  1997

in  1997

Ireland

-(cid:217)97/0644,  no  measures  notified,  Art.  169  letter

Ireland

-(cid:217)97/0636,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0653,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0667,  no  measures  notified,  Art.  169  letter

in  1997

Netherlands -(cid:217)97/0675,  no  measures  notified,  Art.  169  letter

in  1997

Austria

-(cid:217)97/0690,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0705,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0722,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0740,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0754,  no  measures  notified,  Art.  169  letter

in  1997

96/0075
Systems  of  chartering  and  pricing  in  national  and  international
inland  waterway  transport  in  the  Community
Member  States  which  have  notified 
B,  F

implementing  measures:

96/0086
Carriage  of  dangerous  goods  by  road
Member  States  which  have  notified 
B,  DK,  D,  F,  I,  NL,  A,  P,  FIN,  S

implementing  measures:

in  1997

Italy

-(cid:217)97/0661,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0713,  no  measures  notified,  Art.  169  letter

in  1997

Finland

-(cid:217)97/0730,  no  measures  notified,  Art.  169  letter

in  1997

United
Kingdom

-(cid:217)97/0761,  no  measures  notified,  Art.  169  letter

in  1997

97/0044
Summertime
Member  States  which  have  notified  implementing  measures:  all

8.(cid:217)ENERGY

92/0042
Efficiency  requirements  for  hot(cid:220)water  boilers
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)93/0971,  no  measures  notified,  terminated  in
Belgium

1997

93/0076
Carbon  dioxide  emissions
Member  States  which  have  notified  implementing  measures:  all
-(cid:217)95/0023,  no  measures  notified,  terminated  in
Belgium

1997

Spain

-(cid:217)95/0080,  no  measures  notified,  terminated  in

1997

Greece

-(cid:217)95/0064,  no  measures  notified,  terminated  in

Ireland

-(cid:217)95/0113,  no  measures  notified,  terminated  in

1997

Italy

-(cid:217)95/0131,  no  measures  notified,  terminated  in

1997

Luxembourg -(cid:217)95/0146,  no  measures  notified,  terminated  in

1997

Portugal

-(cid:217)95/0176,  no  measures  notified,  terminated  in

1997

96/0087
Transport  of  dangerous  goods  by  rail
Member  States  which  have  notified 
D,  EL,  F,  NL,  A,  FIN,  S

implementing  measures:

1997

97/0015
Definition  and  use  of  compatible  technical  specifications  for  the
procurement  of  air(cid:220)traffic(cid:220)management  equipment  and  systems
Member  States  which  have  notified 
implementing  measures:
F,  IRL,  NL,  FIN,  S,  UK

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/187

implementing  measures:

labelling  of  refrigerators,  freezers  and  their  combi(cid:220)

94/0002
Energy 
nations
Member  States  which  have  notified 
A,  B,  D,  DK,  EL,  E,  FIN,  F,  IRL,  NL,  P,  S,  UK
Germany

-(cid:217)95/0049,  no  measures  notified,  terminated  in

1997

Italy

-(cid:217)95/0136,  no  measures  notified,  referral 

in

1997

94/0022
Authorisations  for  the  prospection,  exploration  and  production
of  hydrocarbons
Member  States  which  have  notified 
implementing  measures:
A,  B,  DK,  D,  E,  EL,  F,  I,  NL,  P,  S,  UK  (not  applicable  to
Luxembourg)
Belgium

-(cid:217)95/0401,  no  measures  notified,  terminated  in

1998

Ireland

-(cid:217)95/0526,  no  measures  notified,  referral 

in

1997

implementing  measures:

95/0012
Energy  labelling  of  household  washing  machines
Member  States  which  have  notified 
A,  D,  DK,  E,  EL,  FIN,  IRL,  L,  NL,  P,  S,  UK
Germany

-(cid:217)96/0250,  no  measures  notified,  terminated  in

1998

Belgium

-(cid:217)96/0233,  no  measures  notified,  Art.  169  letter

in  1996

France

-(cid:217)96/0286,  no  measures  notified,  Art.  169  letter

in  1996

Greece

-(cid:217)96/0266,  no  measures  notified,  terminated  in

1997

Italy

-(cid:217)96/0309,  no  measures  notified,  Art.  169  letter

in  1996

Netherlands -(cid:217)96/0332,  no  measures  notified,  terminated  in

1997

95/0013
Energy  labelling  of  household  electric  tumble  dryers
Member  States  which  have  notified 
A,  D,  DK,  E,  EL,  F,  FIN,  IRL,  L,  NL,  P,  S,  UK
Germany

-(cid:217)96/0251,  no  measures  notified,  terminated  in

implementing  measures:

1998

Belgium

-(cid:217)96/0234,  no  measures  notified,  Art.  169  letter

97/0017
Energy  labelling  of  household  dishwashers
Member  States  which  have  notified  implementing  measures:  NL

9.(cid:217)STATISTICS

95/0057
Tourism  statistics
Member  States  which  have  notified  implementing  measures:  all
except  F,  IRL,  I,  UK
Germany

-(cid:217)97/0037,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

France

-(cid:217)97/0079,  no  measures  notified,  Art.  169  letter

in  1997

Ireland

-(cid:217)97/0089,  no  measures  notified,  Art.  169  letter

in  1997

Italy

-(cid:217)97/0101,  no  measures  notified,  Art.  169  letter

in  1997

Portugal

-(cid:217)97/0151,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

United
Kingdom

-(cid:217)97/0185,  no  measures  notified,  Art.  169  letter

in  1997

96/0016
Milk  statistics
Member  States  which  have  notified  implementing  measures:  all
except  EL,  E,  IRL,  I,  FIN
Belgium

-(cid:217)97/0024,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

Denmark

-(cid:217)97/0029,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

Germany

-(cid:217)97/0040,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

Greece

-(cid:217)97/0055,  no  measures  notified,  Art.  169  letter

in  1997

in  1996

Spain

-(cid:217)97/0068,  no  measures  notified,  Art.  169  letter

Greece

-(cid:217)96/0267,  no  measures  notified,  terminated  in

in  1997

1997

France

-(cid:217)97/0081,  no  measures  notified,  Art.  169  letter

Italy

-(cid:217)96/0310,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

in  1996

Ireland

-(cid:217)97/0092,  no  measures  notified,  Art.  169  letter

Netherlands -(cid:217)96/0333,  no  measures  notified,  terminated  in

in  1997

1997

96/0057
Energy  efficiency  requirements  for  refrigerators,  freezers  and
combinations  thereof
Member  States  which  have  notified 
A,  NL,  UK

implementing  measures:

96/0060
Energy  labelling  of  household  combined  washer(cid:220)dryers
Member  States  which  have  notified 
A,  D,  DK,  EL,  FIN,  IRL,  NL,  P,  S,  UK

implementing  measures:

labelling  of  household  washing  machines  (amending

96/0089
Energy 
Directive  95/0012)
Member  States  which  have  notified 
A,  D,  DK,  E,  EL,  FIN,  IRL,  NL,  P,  UK

implementing  measures:

Italy

-(cid:217)97/0104,  no  measures  notified,  Art.  169  letter

in  1997

Luxembourg -(cid:217)97/0113,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

Netherlands -(cid:217)97/0125,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

Portugal

-(cid:217)97/0153,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

Finland

-(cid:217)97/0163,  no  measures  notified,  Art.  169  letter

in  1997

Sweden

-(cid:217)97/0174,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

United
Kingdom

-(cid:217)97/0188,  no  measures  notified,  Art.  169  letter

in  1997,  to  be  terminated

Progress  in  notifyng  national  measures  transposing  community  directives  (situation  at  31  december  1997)

Chapter

Sector

Customs

Foodstuffs

Pharmaceutical  products

Chemicals

Motor  vehicles

Equipement

Directives
applicable
on
31.12.1997

4

84

32

47

Directives  applicable  on  31  december  1997

Directives  for  wich  measures  have  been  notified

%

B DK D EL E

F IRL I

L NL A P FIN S UK

B DK D EL E

F IRL I

L NL A P FIN S UK

B DK D EL E

F IRL I

L NL A P FIN S UK

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

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

84 84 84 84 84 84 84 84 84 84 84 84 84 84 84 72 82 71 77 76 75 74 75 81 82 75 71 83 83 79 86 98 85 92 90 89 88 89 96 98 89 85 99 99 94

32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 30 32 30 31 32 27 32 32 32 32 31 32 32 32 30 94 100 94 97 100 84 100 100 100 100 97 100 100 100 94

47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 43 43 42 44 44 45 43 43 44 43 43 43 42 45 43 91 91 89 94 94 96 91 91 94 91 91 91 89 96 91

201

201 201 201 201 201 201 201 201 201 201 201 201 201 201 201 190 190 195 188 191 192 190 189 185 188 190 191 190 192 189 95 95 97 94 95 96 95 94 92 94 95 95 95 96 94

102

102 102 102 102 102 102 102 102 102 102 102 102 102 102 102 93 101 97 100 96 98 92 95 94 97 99 98 99 99 91 91 99 95 98 94 96 90 93 92 95 97 96 97 97 89

Special  regimes  of  free  movement

Liability  for  detective  products

Right  to  vote  in  elections  to  EP

3

1

3

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

3

3

1

2

3

1

3

3

1

3

3

1

2

2

1

1

2

1

2

1

1

2

2

1

2

2

1

2

2

0

1

2

1

2

1

1

2

1

1

2

3

1

2

1

1

3

1

1

2

1

1

3

2

1

3

2 67 67 33 67 67 67 67 33 33 100 33 33 33 67 67

1 100 100 100 100 100

0 100 100 100 100 100 100 100 100 100

2 50 100 100 100 100 50 100 100 100 100 100 100 100 100 100

Cosmetics

Textiles

Right  of  residence

33

33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 26 33 31 31 31 29 32 31 33 33 31 27 31 33 33 79 100 94 94 94 88 97 94 100 100 94 82 94 100 100

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3

5

3 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

5 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

Qualifications

63

63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 63 59 63 63 63 63 63 63 62 63 62 63 63 100 100 100 94 100 100 100 100 100 100 98 100 98 100 100

1

1

12

48

12

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

12 12 12 12 12 12 12 12 12 12 12 12 12 12 12

1

1

6

1

1

9

1

1

8

1

1

5

1

1

1

1

1

1

1

1

9 10

7 10

1

1

6

1

1

8

1

1

8

1

1

1

1

1

1

1 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

1 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

8 12

8 12 50 75 67 42 75 83 58 83 50 67 67 67 100 67 100

48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 46 48 44 47 42 45 46 46 46 48 48 48 48 48 48 96 100 92 98 88 94 96 96 96 100 100 100 100 100 100

12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 11 11 12 12 12 12 11 12 12 12

8 12 12 100 100 92 92 100 100 100 100 92 100 100 100 67 100 100

6

6

6

6

6

6

6

6

6

6

6

6

6

6

6

6

6

6

5

Public  procurement

11

11 11 11

9 11 11 11 11 11 11 11

9 11 11 11 11 11 11

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

4

8

3

6

6

4

6

6

6

6

6

6

6

6 100 100 83 67 100 100 67 100 100 100 100 100 100 100 100

8 11 11 10 11 11 11

8 11 11 11 100 100 100 89 73 100 100 91 100 100 100 89 100 100 100

4

4

4

4

4

4

4

4

4

4

4 100 100 100 75 100 100 100 100 100 100 100 100 100 100 100

43

42 42 43 42 42 42 42 42 42 42 43 42 42 42 42 42 42 42 41 42 41 42 42 42 42 43 42 42 42 42 100 100 98 98 100 98 100 100 100 100 100 100 100 100 100

719

717 717 718 715 717 717 717 717 717 717 719 715 718 718 717 662 695 672 660 675 675 671 676 676 689 682 671 689 698 682 91 97 92 90 94 88 93 94 93 97 94 93 94 96 97

s
r
e
i
t
n
o
r
f

t
u
o
h
t
i

w

a
e
r
A

Commercial  agents

Broadcasting

Telecommunications

Financial  services

Company  law

Intellectual  and  industrial
property

Direct  taxation

Indirect  taxation

Total
Area  without  frontiers

C

2
5
0
/
1
8
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1
0

.

8

.

9
8

 
 
 
 
 
 
 
 
10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/189

0
0
1

0
0
1

2
9

0
0
1

0
0
1

0
0
1

2
9

2
9

0
0
1

2
9

3
8

2
9

0
0
1

0
0
1

2
9

2
1

2
1

1
1

2
1

2
1

2
1

1
1

1
1

2
1

1
1

0
1

1
1

2
1

2
1

1
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

2
1

0
0
1

0
0
1

0
0
1

5
7

0
0
1

0
0
1

5
7

5
7

0
0
1

0
0
1

8
8

0
5

0
0
1

0
0
1

8
8

8

8

8

6

8

8

6

6

8

8

7

4

8

8

7

8

8

8

8

8

8

8

8

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C  250/190

EN

Official  Journal  of  the  European  Communities

10.8.98

ANNEX  V

JUDGMENTS  OF  THE  COURT  OF  JUSTICE  UP  TO  31  DECEMBER  1997  NOT  YET

IMPLEMENTED

BELGIUM

Judgment  given  on  08/07/87,  Case  C(cid:220)247/85
Wild  birds
Referral  to  the  Court  under  Article  171(2)  of  the  Treaty  has
been  decided  on.  It  is  accompanied  by  a  request  for  a  periodic
penalty  payment.

Judgment  given  on  27/09/88,  Case  C(cid:220)42/87
Judgment  given  on  03/05/94,  Case  C(cid:220)47/93
Discrimination 
education
Article  171  proceedings  are  in  motion.

in  public  financing  -  non(cid:220)university  further

Judgment  given  on  19/02/91,  Case  C(cid:220)375/89
Aid  for  Idealspun/Beaulieu
The  Belgian  authorities  have  commenced  proceedings  in  the
national  courts  to  recover  the  unlawful  aid.
Judgment  was  given  on  20/09/94.  The  company  has  appealed
against  the  substance  and  against  enforcement.  The  proceedings
are  still  in  motion.

Judgment  given  on  17/02/93,  Case  C(cid:220)173/91
Equal  treatment  of  men  and  women  -  discrimination  based  on
age
The  Belgian  authorities  have  transmitted  a  draft  new  Collective(cid:220)
Bargaining  Agreement,  which  seems  satisfactory;  its  publication
is  still  awaited.

Judgment  given  on  24/03/94,  Case  C(cid:220)80/92
Free  movement  of  wireless  telephones
Progress  is  being  made.

transposal  of 

Judgment  given  on  02/05/96,  Case  C(cid:220)133/94
Incomplete 
the
assessment  of  the  impact  of  certain  public  or  private  projects  on
the  environment
Article  171  proceedings  are  in  motion.

the  Council  Directive  on 

Judgment  given  on  10/09/96,  Case  C(cid:220)11/95
Incomplete  transposal  of  Television  without  frontiers  Directive
legislative  measures  to
The  Commission  has  received  draft 
implement  the  Court  judgment;  they  are  under  scrutiny.

Judgment  given  on  12/12/96,  Case  C(cid:220)218/96
Failure  to  notify  measures  transposing  the  Council  Directive  on
information  required  for  technical  files
Article  171  proceedings  have  been  commenced.  The  Belgian
authorities  have 
the
Commission  is  now  studying.

legislation,  which 

transmitted  draft 

Judgment  given  on  12/12/96,  Case  C(cid:220)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
Article  171  proceedings  have  been  commenced.  The  Belgian
authorities  have 
the
Commission  is  now  studying.

legislation,  which 

transmitted  draft 

transposing 

to  notify  measures 

Judgment  given  on  12/12/96,  Case  C(cid:220)221/96
Failure 
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  have  been  commenced.  The  Belgian
authorities  have 
the
Commission  is  now  studying.

legislation,  which 

transmitted  draft 

Judgment  given  on  12/12/96,  Case  C(cid:220)222/96
Failure  to  notify  measures  transposing  the  Council  Directive  on
the  classification,  packaging  and 
labelling  of  dangerous
substances
Article  171  proceedings  have  been  commenced.  A  reply  from
the  Belgian  authorities  is  being  studied  by  the  Commission.

Judgment  given  on  20/02/97,  Case  C(cid:220)344/95
Conditions  and  arrangements  for  issuing  residence  permits
Progress  is  being  made.

Judgment  given  on  20/02/97,  Case  C(cid:220)135/96
Failure  to  notify  measures  transposing  Directive  91/659/EEC
amending  Council  Directive  76/769/EEC 
the
marketing  and  use  of  certain  dangerous  substances  and  prep(cid:220)
arations
The  Commission  has  contacted 
the  Belgian  authorities  to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

restricting 

to  notify  measures 

Judgment  given  on  20/03/97,  Case  C(cid:220)294/96
Failure 
90/385/EEC  on  active  implantable  medical  devices
The  Commission  has  contacted 
the  Belgian  authorities  to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

transposing  Council  Directive

Judgment  given  on  29/05/97,  Case  C(cid:220)313/96
Failure  to  notify  measures  transposing  Directive  93/21/EEC
amending  Council  Directive  67/548/EEC  on  the  classification,
packaging  and  labelling  of  dangerous  substances
The  Commission  has  contacted 
the  Belgian  authorities  to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

10.8.98

EN

Official  Journal  of  the  European  Communities

C  250/191

Judgment  given  on  29/05/97,  Case  C(cid:220)356/96
Failure  to  notify  measures  transposing  Directive  91/410/EEC
amending  Council  Directive  67/548/EEC  on  the  classification,
packaging  and  labelling  of  dangerous  substances
to
The  Commission  has  contacted 
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

the  Belgian  authorities 

Judgment  given  on  29/05/97,  Case  C(cid:220)357/96
Failure  to  notify  measures  transposing  Directive  15/94/EC
amending  Council  Directive  22/90/EEC  on 
the  deliberate
release  into  the  environment  of  genetically  modified  organisms
Article  171  proceedings  have  been  commenced.

Judgment  given  on  29/05/97,  Case  C(cid:220)358/96
Failure  to  notify  measures  transposing  Commission  Directive
93/90/EEC  on  the  list  of  substances  provided  for  in  the  fifth
indent  of  Article  13(1)  of  Council  Directive  67/548/EEC
The  Commission  has  contacted 
to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

the  Belgian  authorities 

to  notify  measures 

Judgment  given  on  02/10/97,  Case  C(cid:220)208/96
Failure 
transposing  Council  Directive
92/119/EEC  introducing  general  Community  measures  for  the
control  of  certain  animal  diseases  and  specific  measures  relating
to  swine  vesicular  disease
Recent  judgment.  Progress  is  being  made.

Judgment  given  on  11/12/97,  Case  C(cid:220)190/97
Failure  to  notify  measures  transposing  Directive  93/101/EEC
amending  Council  Directive  67/548/EEC  on  the  classification,
packaging  and  labelling  of  dangerous  substances
Recent  judgment.

Judgment  given  on  18/12/97,  Case  C(cid:220)263/96
Failure 
to  notify  measures 
89/106/EEC  on  construction  products
Recent  judgment.

transposing  Council  Directive

Judgment  given  on  10/05/95,  Case  C(cid:220)422/92
Waste  disposal
Article  171  proceedings  have  just  been  commenced.

Judgment  given  on  12/12/96,  Case  C(cid:220)297/95
Failure 
91/271/EEC  on  treatment  of  urban  waste  water
Progress  is  being  made.

to  notify  measures 

transposing  Council  Directive

Judgment  given  on  12/12/96,  Case  C(cid:220)298/95
Fish  and  shellfish  waters
Progress  is  being  made.

to  notify  measures 

Judgment  given  on  12/06/97,  Case  C(cid:220)138/96
Failure 
transposing  Council  Directive
92/116/EEC  amending  and  updating  Directive  71/118/EEC  on
health  problems  affecting  trade  in  fresh  poultry  meat
Article  171  proceedings  have  been  commenced.

to  notify  measures 

Judgment  given  on  16/09/97,  Case  C(cid:220)139/96
Failure 
the  Commission
implementing 
Directives  laying  down  sheets  indicating  the  conditions  to  be
met  by  fruit  plant  propagating  material  (93/48/EEC),  orna(cid:220)
mental  plants  (93/49/EEC)  and  vegetable  plants  other  than
seeds  (93/61/EEC),  and  the  plants  themselves,  in  order  to
conform  with  Council  Directives  92/34/EEC,  91/682/EEC  and
92/33/EEC
The  Commission  has  contacted  the  German  authorities  to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

Judgment  given  on  13/11/97,  Case  C(cid:220)236/96
Failure  to  notify  measures  transposing  Commission  Directive
93/86/EEC  adapting  to  technical  progress  Council  Directive
91/157/EEC  on  batteries  and  accumulators  containing  certain
dangerous  substances
The  Commission  has  contacted  the  German  authorities  to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

to  notify  measures 

Judgment  given  on  27/11/97,  Case  C(cid:220)137/96
transposing  Council  Directive
Failure 
91/414/EEC  on  the  placing  of  plant  protection  products  on  the
market
Recent  judgment.

GERMANY

Judgment  given  on  20/09/90
Bug(cid:220)Alutechnik  -  repayment  of  a  grant
A  new  action  has  been  brought  in  the  Bundesverwaltungs(cid:220)
gericht.

to  notify  measures 

Judgment  given  on  11/12/97,  Case  C(cid:220)83/97
Failure 
transposing  Council  Directive
92/43/EEC  on  the  conservation  of  natural  habitats  and  wild
fauna  and  flora
Recent  judgment.

Judgment  given  on  17/10/91,  Case  C(cid:220)58/89
Surface  water,  not  properly  implemented
Following  measures 
the
Commission  has  partly  withdrawn  its  Court  action;  for  the
remainder,  progress  is  being  made.

the  Member  State, 

taken  by 

to  notify  measures 

Judgment  given  on  16/12/97,  Case  C(cid:220)341/96
transposing  Council  Directive
Failure 
93/36/EEC  coordinating  procedures  for  the  award  of  public
supply  contracts
Recent  judgment.

C  250/192

EN

Official  Journal  of  the  European  Communities

10.8.98

GREECE

SPAIN

Judgment  given  on  15/03/88,  Case  C(cid:220)147/86
Judgment  given  on  30/01/92,  Case  C(cid:220)328/90
Ban  on  opening  a  private  school  (Frontistirion);  nationality
discrimination
Referral  to  the  Court  under  Article  171(2)  of  the  EC  Treaty  has
been  decided  on.  It  is  accompanied  by  a  request  for  a  periodic
penalty  payment.

Judgment  given  on  08/11/90,  Case  C(cid:220)53/88
Protection  of  workers  -  insolvency  of  employers
Article  171  proceedings  are  in  motion.

Judgment  given  on  07/04/92,  Case  C(cid:220)45/91
Village  waste  in  Crete
Referred  to  the  Court  under  Article  171(2)  of  the  EC  Treaty.  It
is  accompanied  by  a  request  for  a  periodic  penalty  payment.

Judgment  given  on  23/03/95,  Case  C(cid:220)365/93
Mutual  recognition  of  qualifications  -  higher  education
Referral  to  the  Court  under  Article  171(2)  of  the  Treaty  has
been  decided  upon.  It  is  accompanied  by  a  request  for  a
periodic  penalty  payment.

Judgment  given  on  01/06/95,  Case  C(cid:220)123/94
Nationality  discrimination
Article  171  proceedings  are  in  motion.

Judgment  given  on  06/07/95,  Case  C(cid:220)259/94
Open  network  provision  -  leased  lines
Article  171  proceedings  are  in  motion.

Judgment  given  on  02/05/96,  Case  C(cid:220)311/95
Failure  to  notify  measures  transposing  the  Council  Directive  on
the  coordination  of  procurement  procedures  for  public  service
contracts
Article  171  proceedings  have  been  commenced  and  are 
motion.

in

Judgment  given  on  02/07/96,  Case  C(cid:220)290/94
Access  to  employment  -  nationality  discrimination
The  Commission  is  still  studying  the  measures  taken  by  the
Greek  authorities  to  implement  the  Court  judgment.

to  notify  measures 

Judgment  given  on  26/06/97,  Case  C(cid:220)329/96
transposing  Council  Directive
Failure 
92/43/EEC  on  the  conservation  of  natural  habitats  and  wild
fauna  and  flora
Article  171  proceedings  have  been  commenced.

Judgment  given  on  02/08/93,  Case  C(cid:220)355/90
Conservation  of  wild  birds  at  Santo(cid:253)a
The  work  required  to  implement  the  Court  judgment  is  in
progress,  in  cooperation  with  the  relevant  Commission  technical
staff.

Judgment  given  on  22/03/94,  Case  C(cid:220)375/92
Restrictions  on  freedom  to  provide  services  as  tourist  guides
Progress  is  being  made  in  the  various  regions.

Judgment  given  on  05/06/97,  Case  C(cid:220)107/96
Failure  to  notify  measures  transposing  Directive  91/156/EEC
amending  Council  Directive  75/442/EEC  on  waste
Article  171  proceedings  have  been  commenced.

Judgment  given  on  17/07/97,  Case  C(cid:220)52/96
Transfer  of  pension  rights
The  Commission  has  contacted  the  Spanish  authorities  to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

Judgment  given  on  09/10/97,  Case  C(cid:220)21/96
Radiological  protection  of  patients  subject  to  medical  exam(cid:220)
ination  or  treatment
Recent 
proposed  measures  to  implement  the  Court  judgment.

judgment.  The  Spanish  authorities  have  already

to  notify  measures 

Judgment  given  on  18/12/97,  Case  C(cid:220)360/95
transposing  Council  Directive
Failure 
91/371/EEC  on  the  application  of  the  agreement  between  the
EEC  and  the  Swiss  Confederation  on  direct  insurance  other
than  life  assurance
Recent  judgment.

to  notify  measures 

Judgment  given  on  18/12/97,  Case  C(cid:220)361/95
Failure 
transposing  Council  Directive
92/49/EEC  on  direct  insurance  other  than  life  assurance  and
amending  Directives  73/239/EEC  and  88/357/EEC
Recent  judgment.

FRANCE

Judgment  given  on  27/04/88,  Case  C(cid:220)252/85
Wild  birds
Article  171  proceedings  are  in  motion.

Judgment  given  on  22/10/97,  Case  C(cid:220)375/95
Taxes  on  second(cid:220)hand  cars
Recent  judgment.

Judgment  given  on  12/12/90,  Case  C(cid:220)263/88
Refusal  to  grant  right  of  establishment  and  freedom  to  provide
services  in  the  overseas  territories
Article  171  proceedings  are  in  motion.

Judgment  given  on  27/11/97,  Case  C(cid:220)62/96
Licensing  and  flag  rights  for  fishing  vessels  and  merchant  ships
Recent  judgment.

Judgment  given  on  26/02/91,  Case  C(cid:220)154/89
Restrictions  on  freedom  to  provide  services  as  tourist  guides
Progress  is  being  made.

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to  monitor  compliance  with 

Judgment  given  on  11/06/91,  Case  C(cid:220)64/88
Fisheries  -  failure 
conservation  measures
Commission  departments  are  making  final  checks  and  analysing
the  results  of  the  inspection  missions  to  ascertain  whether  the
measures  adopted  are 
the  Court
judgment.

implement 

sufficient 

technical

to 

to  notify  measures 

Judgment  given  on  13/01/93,  Case  C(cid:220)293/91
Failure 
85/374/EEC  on  liability  for  defective  products
Legislative  measures  have  been  notified  but  not  yet  adopted.
They  still  do  not  appear  to  be  in  conformity  with  Community
law.

transposing  Council  Directive

Judgment  given  on  17/11/93,  Case  C(cid:220)68/92
VAT  on  advertising  services  -  double  taxation
Progress  is  being  made.

Judgment  given  on  13/03/97,  Case  C(cid:220)197/96
Night  work  for  women
Article  171  proceedings  have  been  commenced.

to  notify  measures 

Judgment  given  on  29/05/97,  Case  C(cid:220)282/96
Failure 
transposing  Council  Directive
91/157/EEC  on  batteries  and  accumulators  containing  certain
dangerous  substances
The  Commission  has  contacted 
to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.  Article  171  proceedings  have  been  commenced.

the  French  authorities 

Judgment  given  on  29/05/97,  Case  C(cid:220)283/96
Failure  to  notify  measures  transposing  Commission  Directive
93/86/EEC  adapting  to  technical  progress  Council  Directive
91/157/EEC  on  batteries  and  accumulators  containing  certain
dangerous  substances
The  Commission  has  contacted 
to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.  Article  171  proceedings  have  been  commenced.

the  French  authorities 

Judgment  given  on  05/06/97,  Case  C(cid:220)223/96
Failure  to  notify  measures  transposing  Directive  91/156/EEC
amending  Council  Directive  75/442/EEC  on  waste
The  Commission  has  contacted 
to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.  Article  171  proceedings  have  been  commenced.

the  French  authorities 

Judgment  given  on  09/12/97,  Case  C(cid:220)265/95
Barriers  to  imports  of  Spanish  strawberries
Recent  judgment.

IRELAND

Judgment  given  on  11/08/95,  Case  C(cid:220)240/94
Electromagnetic  compatibility
Article  171  proceedings  are  in  motion.

Judgment  given  on  12/06/97,  Case  C(cid:220)151/96
Merchant  vessels  -  flag  rights
The  Commission  has  contacted  the  Irish  authorities  to  ascertain
what  measures  are  planned 
the  Court’s
judgment.

to  comply  with 

ITALY

Judgment  given  on  12/07/88,  Case  C(cid:220)322/86
Judgment  given  on  09/03/94,  Case  C(cid:220)291/93
Quality  of  fishing  waters
Article  171  proceedings  are  in  motion.

Judgment  given  on  26/02/91,  Case  C(cid:220)180/89
Restrictions  on  freedom  to  provide  services  as  tourist  guides
Progress  is  being  made.

Judgment  given  on  09/03/93,  Case  C(cid:220)95/92
Radiation  protection  -  medical  examinations
It  has  been  decided  to  refer  this  matter  to  the  Court  under
Article  171.  It  is  accompanied  by  a  request  for  a  periodic
penalty  payment.  Progress  is  being  made.  Legislative  measures
have  been  notified  and  are  now  under  scrutiny  at 
the
Commission.

Judgment  given  on  26/04/94,  Case  C(cid:220)272/91
Public  procurement  -  computerised  lottery  systems
Progress  is  being  made.  The  Commission  is  making  final  checks.

Judgment  given  on  01/06/95,  Case  C(cid:220)40/93
Admission  to  the  profession  of  dentist
Progress  is  being  made.

Judgment  given  on  29/02/96,  Case  C(cid:220)307/94
Failure  to  notify  measures  transposing  the  Council  Directive
coordinating  legislation  relating  to  certain  activities  of  phar(cid:220)
macists
Progress  is  being  made.

Judgment  given  on  20/06/96,  Case  C(cid:220)237/95
Failure  to  notify  measures  transposing  the  Council  Directive  on
the  prevention  of  atmospheric  pollution  from  existing  municipal
waste  incinerators
Progress  is  being  made.

Judgment  given  on  11/07/96,  Case  C(cid:220)303/95
Failure  to  notify  measures  transposing  the  Council  Directive  on
certain  dangerous
batteries  and  accumulators 
substances
Progress  is  being  made.

containing 

Judgment  given  on  12/12/96,  Case  C(cid:220)302/95
Failure 
91/271/EEC  on  treatment  of  urban  waste  water
Article  171  proceedings  are  in  motion.

to  notify  measures 

transposing  Council  Directive

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to  notify  measures 

Judgment  given  on  23/01/97,  Case  C(cid:220)314/95
Failure 
transposing  Council  Directive
74/63/EEC  fixing  maximum  levels  for  undesirable  substances
and  products  in  feedingstuffs,  Council  Directive  92/116/EEC
amending  and  updating  Directive  71/118/EEC  on  health
problems  affecting  trade  in  fresh  poultry  meat,  and  Council
Directive  92/117/EEC  on  protection  measures  against  specified
zoonoses
Article  171  proceedings  have  been  commenced.

Judgment  given  on  02/07/96,  Case  C(cid:220)473/93
Nationality  discrimination  -  access  to  employment  for  nurses
in  public  hospitals,  for  teachers  in  public  education,  for  public
servants  in  the  field  of  civilian  research,  surface  transport,  posts
and  telecommunications,  and  the  distribution  of  water,  gas  and
electricity
Article  171  proceedings  have  been  commenced.

to  notify  measures 

Judgment  given  on  17/07/97,  Case  C(cid:220)43/97
Failure 
transposing  Council  Directive
93/36/EEC  coordinating  procedures  for  the  award  of  public
supply  contracts
The  Commission  has  contacted 
to
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

the  Italian  authorities 

Judgment  given  on  16/09/97,  Case  C(cid:220)279/94
Ban  on  use  of  asbestos
to
The  Commission  has  contacted 
ascertain  what  measures  are  planned  to  comply  with  the  Court’s
judgment.

the  Italian  authorities 

Judgment  given  on  04/12/97,  Case  C(cid:220)207/96
Night  work  for  women
Recent  judgment.

Judgment  given  on  04/12/97,  Case  C(cid:220)225/96
Incorrect  application  of  Directive  79/923/EEC  on  shellfish
waters
Recent  judgment.

to  notify  measures 

Judgment  given  on  16/12/97,  Case  C(cid:220)316/96
Failure 
transposing  Council  Directive
93/53/EEC  introducing  minimum  Community  measures  for  the
control  of  certain  fish  diseases,  Council  Directive  93/113/EEC
on  the  use  and  marketing  of  enzymes,  and  Council  Directive
93/114/EEC  amending  Directive  70/524/EEC  on  additives  in
feedingstuffs
Recent  judgment.

LUXEMBOURG

Judgment  given  on  15/06/95,  Case  C(cid:220)220/94
Open  network  provision  -  leased  lines
Article  171  proceedings  are  in  motion.

THE  NETHERLANDS

Judgment  given  on  14/07/94,  Case  C(cid:220)61/93
Electronic  kw/h  meters
Progress  is  being  made.

UNITED  KINGDOM

Judgment  given  on  18/02/92,  Case  C(cid:220)30/90
Patent  licences
The  difficulty  has  been  resolved  in  practice.  The  legislative
process  has  almost  been  completed.

Judgment  given  on  14/07/93,  Case  C(cid:220)56/90
Bathing  water  quality:  Blackpool  and  Southport
Commission  departments  are  making  final  checks,  and  the
forward  a
local  authorities  will  be  putting 
Blackpool 
cleaning(cid:220)up  plan,  which  will  be  scrutinised.

Judgment  given  on  08/06/94,  Case  C(cid:220)382/92
Transfers  of  undertakings
Article  171  proceedings  have  been  commenced.  The  British
authorities  have  announced  their  intention  of  amending  the
legislation  in  agreement  with  the  two  sides  of  industry.

Judgment  given  on  08/06/94,  Case  C(cid:220)383/92
Collective  redundancies
Article  171  proceedings  have  been  commenced.  The  British
authorities  have  announced  their  intention  of  amending  the
legislation  in  agreement  with  the  two  sides  of  industry.

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ANNEX  VI

APPLICATION  OF  COMMUNITY  LAW  BY  NATIONAL  COURTS

1.(cid:217)Application  of  Article  177  of  the  EC  Treaty

Cases  were  referred  by  courts  in  all  Member  States.

In  1997  the  Court  of  Justice  of  the  European  Communities
received  requests  for  preliminary  rulings  in  cases  where  diffi(cid:220)
culties  arose  in  the  interpretation  of  Community  law  or  where
there  were  doubts  as  to  the  validity  of  Community  instruments.

In  1997,  preliminary  rulings  accounted  for  about  47(cid:216)%  of  the
total  of  443  cases  brought  before  the  Court  (111  cases  being
removed  from  the  Register).

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(cid:216)(˛).

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  1997

Number  of  references  per  Member  State

Year

1990

1991

1992

1993

1994

1995

1996

1997

25

18

22

4

9

4

12

1 -

17

2

13

18

1

15

24

1

43

1

12

46

2

13

1

24

34

50

62

57

44

2

21

3

24

1

15

3

22

17

17

16

22

6

5

2

4

2

2

5

3

1

7

7

1

36

19

13

4

5 - 10

58

70

3 -

19

2

20

2

51

-

5

43

6

14

10

8

10

2

21

6

66

3

6

24

4

30

6

4

4

50

1

24

3

18

35

46

6

2

10

7

19

9

7

2

Member
State(cid:216)(˛)

Italy

Ireland

Netherlands

Luxembourg

United
Kingdom

Austria

Germany

Finland

Portugal

France

Sweden

Belgium

Spain

Denmark

Greece

Italy
Ireland
Netherlands
Luxembourg
United  Kingdom
Austria
Germany
Finland
Portugal
France
Sweden
Belgium
Spain
Denmark
Greece

2
(-)
11
1
4
19
12
1
1
5
2
6
5
1
(-)

Origin  of  references  by  Supreme  Courts

Italy

Corte  Suprema  di  Cassazione

Total(cid:217) 142

186

162

204

203

251

256

239

Netherlands

(˛)(cid:217)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  L  1,
1.1.1995,  p.  220).

Raad  van  State
Hoge  Raad
Centrale  Raad  van  Beroep
College  van  Beroep  voor  het
Bedrijfsleven

The  massive  growth 
requested  by  Austrian  courts  is  particularly  striking.

in  the  number  of  preliminary  rulings

Luxembourg

Cour  Sup~rieure  de  Justice

United  Kingdom House  of  Lords
Court  of  Appeal

Austria

Germany

Oberster  Gerichtshof
Bundesvergabeamt
Verwaltungsgerichtshof

Bundesgerichtshof
Bundesverwaltungsgericht
Bundesfinanzhof
Bundessozialgericht

(˛)(cid:217)The  1995  Report  was  published  in  OJ  C  332  of  3.11.1997,  p.  198.

Finland

Korkein  hallinto(cid:220)oikeus

2

4
4
2

1

1

1
3

7
3
9

5
2
4
1

1

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Portugal

France

Sweden

Belgium

Supremo  Tribunal  Administrativo

Cour  de  Cassation
Conseil  d’^tat

Regeringsr…tten

Cour  de  Cassation/Hof  van  Cassatie
Cour  d’Arbitrage/Arbitragehof
Conseil  d’^tat/Raad  van  State

Spain

Tribunal  Superior  de  Justicia

Denmark

H(cid:192)jesteret

1

2
3

2

4
1
1

5

1

administrative  measure  taken  on  the  basis  of  a  Community
regulation  or  decision?

3. Were  there  any  decisions  that  were  noteworthy  as  setting

good  or  bad  examples?

4. Were  there  any  decisions  that  applied  the  rulings  given  in
Francovich(cid:216)(—)  or  in  Brasserie  de  P(cid:240)cheur  and  Factortame
III?(cid:216)((cid:209))

2. Significant  judgments  of  national  courts  of  final  instance

2.1.(cid:217)Introduction

Q ue st i on  1

Analysis  of  the  judgments  outlined  below  shows  that  national
supreme  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
identify  cases  where
possible,  by  consulting  databases, 
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
judgments  delivered  each  year  by  the  national  supreme
of 
courts.  Each  year,  some  1(cid:216)200  judgments  relating  to  Community
law  come  to  the  attention  of  the  Research  and  Documentation
Department.

to 

2.2.(cid:217)The  research

Research  was  carried  out  on  the  following  questions  in  relation
to  decisions  given  or  reported  for  the  first  time  in  1997:

1.(cid:217)Were  there  cases  where  decisions  against  which  there  was  no
appeal  were  taken  without  a  reference  for  a  preliminary
ruling  even  though  they  turned  on  a  point  of  Community  law
whose  interpretation  was  less  than  perfectly  obvious?

Were  there  any  other  decisions  regarding  preliminary  rulings
that  merit  attention?

2.(cid:217)Were  there  cases  where  courts,  contrary  to  the  rule  in  Case
314/85  Foto(cid:220)Frost(cid:216)(˛),  declared  an  act  of  a  Community  insti(cid:220)
tution  to  be  invalid?

To  what  extent  did  national  courts,  applying  the  principles
in  Joined  Cases  143/88  and  92/89  Zuckerfabrik  S(cid:190)der(cid:220)
implementation  of  a  national
dithmarschen(cid:216)(ˇ),  stay 

the 

(˛)(cid:217)[1987(cid:129)  ECR  4199.
(ˇ)(cid:217)[1991(cid:129)  ECR  1(cid:220)534.

On  30  December  1996,  in  a  judgment  given  without  reference
to  the  Court  of  Justice(cid:216)((cid:210)),  the  Dutch  Centrale  Raad  van  Beroep
upheld  the  Dutch  authorities’  refusal  to  pay  invalidity  benefits
to  the  daughter  of  a  migrant  worker  unable  to  work,  on  the
ground  that  she  did  not  meet  the  residence  requirement  in  the
Netherlands.  The  family  had  resided  in  the  Netherlands  but  had
moved  to  Belgium,  though  the  father  remained  covered  by  the
Dutch  social  security  scheme.  The  Centrale  Raad  van  Beroep,
referring  to  the  judgment  of  the  Court  of  Justice  in  Case
C(cid:220)308/93  Cabanis(cid:220)Issarte(cid:216)((cid:211)),  considered  the  question  whether
in  the  circumstances  of  the  case  the  daughter  should  be
considered  as  insured  in  the  Netherlands  as  a  member  of  the
family  of  the  migrant  worker,  who  was  a  Community  national,
for  the  purposes  of  Council  Regulation  (EEC)  No  1408/71  of
14  June  1971(cid:216)((cid:212)).  In  its  judgment,  which  related  to  retirement
pensions,  the  Court  of  Justice  held  that  it  would  be  contrary  to
both  the  purpose  and  the  spirit  of  the  Regulation  to  deprive  the
spouse  or  survivors  of  a  migrant  worker  of  the  benefit  of  the
non(cid:220)discrimination  principle  in  the  payment  of  old(cid:220)age  benefits
to  which  they  would  have  been  entitled,  on  an  equal  footing
with  nationals,  if  they  had  remained  in  the  host  state(cid:216)((cid:213)).  The
Centrale  Raad  van  Beroep  held  that  it  was  unlikely  that  a
judgment  of  the  Court  of  Justice  would  have  any  impact  on  the
outcome  of  the  case.

Again 
in  the  Netherlands,  the  Hoge  Raad  considered  the
question  whether  the  fact  that  the  Commission  had  not  been
notified  of  certain  rules  on  equipment  to  be  used  for  testing
alcohol,  which  were  technical  standards  within  the  meaning  of
Directive  83/189,  was  to  be  taken  into  account  when  sentence
was  passed  for  an  offence.  It  held  that  it  was  not  so,  since  in
neither  of  the  two  possible  situations  -  the  accused  refused  to
submit  to  checks  or  agreed  to  do  so  -  was  he  required  to

(—)(cid:217)Joined  Cases  C(cid:220)6/90  and  C(cid:220)9/90  [1996(cid:129)  ECR  I(cid:220)5357.
((cid:209))(cid:217)Joined  Cases  C(cid:220)46/93  and  C(cid:220)48/93  [1996(cid:129)  ECR  I(cid:220)1029.
((cid:210))(cid:217)Centrale  Raad  van  Beroep,  Bestuur  van  de  Nieuwe  Algemene

Bedrijfsvereniging  v  N.M.  [1997(cid:129)  AB  181.

((cid:211))(cid:217)Case  C(cid:220)308/93  [1996(cid:129)  ECR  I(cid:220)2097.
((cid:212))(cid:217)Regulation  on  the  application  of  social  security  schemes  to  employed
persons  and  their  families  moving  within  the  Community,  OJ  L  149,
5.7.1971,  p.  2.

((cid:213))(cid:217)Paragraph  30,  judgment  given  on  30  April  1996,  Cabanis(cid:220)Issarte.

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comply  with  the  rules  in  question.  The  Hoge  Raad’s  view  was
that  the  obligation  of  a  suspect  to  submit  to  checks  flowed
directly  from  the  Dutch  road  traffic  legislation(cid:216)(˛).

It  is  worth  noting  that  Ayse  S(cid:190)zen  was  also  followed  by  the
United  Kingdom  Court  of  Appeal  in  its  judgment  in  Betts  v
Brintel  Helicopters  Ltd,  considered  below  under  question  3.

(Supreme  Court)  gave  a 

On  15  April  1997,  in  a  case  turning  on  the  application  of  Regu(cid:220)
lation  (EEC)  No  1408/71  and  the  provisions  of  the  Treaty
relating  to  free  movement  of  persons  in  general,  the  Austrian
Oberster  Gerichtshof 
judgment
dismissing  an  application 
from  a  worker  with  Austrian
nationality,  who  received  German  invalidity  benefit  following  an
industrial  accident  in  Germany  in  1968,  for  an  invalidity  pension
in  Austria(cid:216)(ˇ).  The  Court  took  note  that  the  Regulation  had  had
effect  in  Austria  from  1  January  1994  without  retrospective
effect  and  held  that  neither  it  nor  the  provisions  of  the  Treaty
relating  to  free  movement  of  persons  could  apply  to  events
occurring  before  that  date.  It  accordingly  held  that  the  applicant
was  not  covered  by  the  relevant  provisions  of  Community  law
and  declined  to  refer  a  question  for  a  preliminary  ruling  as  the
decision  on  the  case  did  not  depend  on  Community  law.

In  Germany 
(Constitutional
the  Bundesverfassungsgericht 
Court),  in  a  constitutional  action  for  annulment  of  a  judgment
of  the  Landesarbeitsgericht  Hamm  dismissing  the  applicant’s
appeal  against  his  dismissal,  gave  a  preliminary  decision  on  13
June  1997  refusing  to  accept  the  action(cid:216)(—).  The  Court  declared
that  the  Landesarbeitsgericht  had  deliberately  refused  to  apply
the  interpretation  of  the  concept  of  transfer  of  undertaking
(Article  1(1)  of  Directive  77/187/EEC(cid:216)((cid:209)))  given  by  the  Court
of  Justice  in  Case  C(cid:220)392/92  Christel  Schmidt(cid:216)((cid:210)),  and  pleaded
by  the  applicant.  It  dismissed  as  unfounded  the  Labour  Court’s
reasoning  that  it  was  under  no  duty  to  follow  the  Court  of
Justice’s  interpretation  since  no  grounds  had  been  given  for  it.  It
held  that  a  national  court  of  last  instance  cannot  depart  from  an
interpretation  given  by  the  Court  of  Justice  and  must,  in  the
event  of  doubt,  refer  a  fresh  question  for  preliminary  ruling.

However, 
it  refused  to  accept  the  constitutional  action  as,
following  the  judgment  given  by  the  Court  of  Justice  in  Case
C(cid:220)13/95  Ayse  S(cid:190)zen(cid:216)((cid:211)),  which  clarified  the  concept  of  transfer
of  undertakings  as  interpreted  in  Christel  Schmidt,  the  applicant
could  no  longer  win  the  case.  If  the  action  was  referred  back  to
the  Landesarbeitsgericht,  that  court  would  have  to  follow  the
new  decision  of  the  Court  of  Justice  and  dismiss  the  applicant’s
action.

in  Germany, 

Still 
the  Bundesverwaltungsgericht  gave  a
judgment  on  28  January  1997  on  the  question  of  the  stage  in
national  proceedings  at  which  a  question  should  properly  be
referred  to  the  Court  of  Justice  for  a  preliminary  ruling(cid:216)((cid:212)).  On
an  appeal  from  a  judgment  of  the  Hamburg  Oberverwaltungs(cid:220)
gericht  ordering  a  Turkish  national  to  be  expelled,  the  Bundes(cid:220)
verwaltungsgericht  held  that  in  the  instant  case  the  conditions
imposed  by  German  law  for  an  expulsion  order  were  satisfied  as
the  applicant’s  offences  against  the  Narcotics  Act  warranted
expulsion  as  a  general  preventive  measure.  But  the  Court  went
on  to  consider  whether  Articles  6(1)  and  7  of  Decision  No  1/80
the  EEC(cid:220)Turkey  Association  Council  militated  against
of 
expulsion  as  a  general  preventive  measure  and  decided  that  it
could  not  answer  that  question  without  an  interpretation  of  the
Decision  from  the  Court  of  Justice.  Since,  however,  a  reference
could  not  be  made  if  the  preliminary  ruling  was  not  proved  to
be  relevant  to  the  decision  to  be  given  by  the  national  court,
and  since  it  had  not  been  shown  that  the  applicant  was  active  on
the  normal  labour  market  within  the  meaning  of  Decision  1/80,
the  Court  annulled  the  judgment  of  the  Oberverwaltungsgericht
and  referred  the  case  back  to  it  for  retrial,  possibly  involving  a
reference  to  the  Court  of  Justice(cid:216)((cid:213)).

In  a  case  concerning  the  compatibility  of  the  rules  in  French
legislation  governing 
the  eligibility  and  disqualification  of
Members  of  the  European  Parliament  with  the  Act  concerning
the  election  of  representatives  of  the  European  Parliament
annexed  to  the  Council  Decision  of  20  September  1976,  the
French  Conseil  d’^tat,  upholding 
the
Government  Commissioner,  held  that  there  was  no  need  to
refer  a  question  to  the  Court  of  Justice  for  a  preliminary
ruling(cid:216)((cid:214)).  Its  reasoning  was  that  the  Act  clearly  provided  that
the  electoral  procedure  for  representatives  to  the  European
Parliament  was  in  all  material  respects  within  the  jurisdiction  of
the  Member  States  and  that  it  was  for  them  to  determine
whether  their  representatives  were  disqualified  for  ineligibility.

the  submissions  of 

On  7  November  1997  the  Finnish  Korkein  hallinto(cid:220)oikeus
(Supreme  Administrative  Court),  without  reference  to  the  Court
of  Justice,  held  in  a  case  (2942/1/96)  concerning  public  access

(˛)(cid:217)Judgment  given  on  15  November  1997  [1998(cid:129)  AB  Rechtspraak

Bestuursrecht  49,  p.  237.

(ˇ)(cid:217)10  Ob  S2334/96z.
(—)(cid:217)1  BvR  2102/95  [1997(cid:129)  Europ…ische  Zeitschrift  f(cid:190)r  Wirtschaftsrecht,

575,  [1997(cid:129)  Zeitschrift  f(cid:190)r  Wirtschaftsrecht  1801.

((cid:209))(cid:217)Council  Directive  of  14  February  1977  on  the  approximation  of  the
laws  of  the  Member  States  relating  to  the  safeguarding  of  employees’
rights  in  the  event  of  transfers  of  undertakings,  businesses  or  parts  of
businesses:  OJ  L  61,  p.  26.

((cid:210))(cid:217)[1994(cid:129)  ECR  I(cid:220)1311.
((cid:211))(cid:217)[1997(cid:129)  ECR  I(cid:220)1259.

((cid:212))(cid:217)1  C  17/94  [1997(cid:129)  Neue  Zeitschrift  f(cid:190)r  Verwaltungsrecht,  1119.
((cid:213))(cid:217)On  1  October  1997  the  Court  of  Justice  received  a  reference  for  a
preliminary  ruling  on  the  interpretation  of  Decision  No  1/80  of  the
EEC(cid:220)Turkey  Association  Council  from  the  Ansbach  Verwaltungs(cid:220)
gericht  in  relation  to  expulsion  as  a  general  preventive  measure:  Case
C(cid:220)340/97,  OJ  C  357,  p.  19  (pending).

((cid:214))(cid:217)Judgment  given  on  8  January  1997,  Tapie  [1997(cid:129)  Actualit~  Juridique
Droit  Administratif  259,  noted  by  J(cid:220)H  Stahl;  [1997(cid:129)  Europe,  Act.
100;  [1997(cid:129)  Receuil  Dalloz,  Jur.  295;  [1997(cid:129)  Revue  fran(cid:136)aise  de  droit
administratif  438;  [1997(cid:129)  Droit  administratif  58;  [1997(cid:129)  Gazette  du
Palais  271(cid:220)273  II  pan.,  135(cid:220)136.

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to  documents  transmitted  to  the  European  Commission  in  a
competition  proceeding  that  Finnish  law  applied  to  access  to
such  documents  where  they  were 
in  the  possession  of  the
national  authorities  (National  Competition  Office).  By  Article
10  of  the  Constitution,  documents  in  the  possession  of  the
national  authorities  are  public  unless  publicity  is  restricted  by
statute  on  grounds  of  overriding  considerations.  Applying
section  9(2)  of  the  Official  Documents  (Public  Access)  Act  and
section  1(1)(2)(a)  of  the 
legislative  Decree  allowing  certain
exceptions,  the  Court  nevertheless  withheld  access  as  it  would
be  prejudicial  to  sound  international  cooperation.  The  decision
was  taken  by  majority  vote.  A  minority  of  the  judges  would
have  applied  Article  20  of  Council  Regulation  No  17,  which
requires  the  Commission  and  other  competent  authorities  to
refrain  from  divulging  information  gathered  in  applying  that
Regulation  where  they  are  by  their  nature  covered  by  the  obli(cid:220)
gation  of  professional  secrecy.

and  to  secure  compliance  in  Germany  with  the  unassailable
standard  of  fundamental  rights  provided  for  by  the  Basic  Law.

The  Verwaltungsgericht  held  that  the  material  provisions  of
Regulation  No  404/93  violated  the  unassailable  standard  of
fundamental  rights  provided  for  by  the  Basic  Law  and  that  the
Court  of  Justice  had  not  protected  the  applicants’  fundamental
rights  in  the  preliminary  ruling  proceeding,  with  the  conse(cid:220)
quence 
secure
the  Bundesverfassungsgericht 
compliance  and  declare  the  provisions  inapplicable  in  Germany.

should 

that 

Q ue st i on   3

Question  2

Here  mention  should  be  made  of  the  Order  made  by  the
Frankfurt  Verwaltungsgericht  on  24  October  1996(cid:216)(˛).  The
Court  referred  to  the  Bundesverfassungsgericht  a  question  for  a
preliminary  ruling  as  to  the  conformity  of  Articles  17  to  19  and
21(2)  of  Council  Regulation  (EEC)  No  404/93  of  13  February
1993  on  the  common  organisation  of  the  market  in  bananas(cid:216)(ˇ)
with  certain  provisions  of  the  Basic  Law,  even  though  the  Court
of  Justice  had  earlier  given  a  preliminary  ruling 
in  Case
C(cid:220)466/93  Atlanta  Fruchthandelsgesellschaft  and  others(cid:216)(—)
(reference  by  the  Frankfurt  Verwaltungsgericht  in  connection
with  the  same  case)  to  the  effect  that  the  provisions  were  valid
in  terms  of  Community  law.

The  Verwaltungsgericht  held  that  these  provisions  could  not  be
applied  in  Germany  as  they  violated  the  applicants’  individual
rights  as  secured  by  Articles  3(2)  (equality),  12(1)  (freedom  to
engage  in  an  occupation)  and  14(1)  (property  rights)  of  the
Basic  Law.  As  grounds  for  the  admissibility  of  its  reference  the
Verwaltungsgericht  adduced  decisions  of 
the  Bundesverfas(cid:220)
sungsgericht,  and  particularly 
judgment  of  12  October
1993(cid:216)((cid:209)),  holding  that  it  alone  had  jurisdiction  to  review  the
applicability  of  Community  secondary  legislation  in  Germany  by
virtue  of  a  cooperation  relationship  with  the  Court  of  Justice

its 

(˛)(cid:217)1E  798/95  (V)  and  1E  2949/93  (V)  [1997(cid:129)  Europ…ische  Zeitschrift

f(cid:190)r  Wirtschaftsrecht,  p.  182.

(ˇ)(cid:217)OJ  L  47,  p.  1.
(—)(cid:217)[1995(cid:129)  ECR  I(cid:220)3799,  judgment  given  on  9  November  1995.  The  Court
had  already  rejected  an  action  by  Germany  to  have  the  Regulation
declared  invalid  (Case  C(cid:220)280/93  Germany  v  Council  [1994(cid:129)  I(cid:220)4973,
judgment  given  on  5  October  1994).

((cid:209))(cid:217)2  BvR  2134/92  and  2  BvR  2159/93  (the  Maastricht  cases),
confirming  that  the  statute  ratifying  the  Treaty  on  European  Union
was  compatible  with  the  Basic  Law  subject  to  certain  conditions  for
the  validity  of  Union  legislative  instruments  in  Germany:  [1993(cid:129)  Neue
Juristische  Wochenschrift,  3047/3058.

In  a  judgment  given  on  26  June  1997  the  Austrian  Verfassungs(cid:220)
gerichtshof  held  that,  by  failing  to  discharge  its  duty  to  seek  a
preliminary  ruling  from  the  Court  of  Justice  pursuant  to  the
third  paragraph  of  Article  177  of  the  EC  Treaty,  the  Bundesver(cid:220)
gabeamt  (federal  authority  with  review  jurisdiction  in  public
procurement  matters)  had  acted  contrary  to  the  principle  that
nobody  may  be  deprived  of  access  to  proper  justice(cid:216)((cid:210)).  The
interpretation  of  Article  2(1)(a)  and  (b)  and  (6)  of  Council
Directive  89/665/EEC  of  21  December  1985(cid:216)((cid:211)),  arose  in  inter(cid:220)
locutory  proceedings  before 
the
question  being  whether  the  award  and  conclusion  of  a  contract
severable  actions,
following  an 
attackable  either  separately  or  in  aggregate;  the  Verfassungsger(cid:220)
ichtshof  held 
two(cid:220)tier
protection  it  was  for  the  Court  of  Justice  alone,  which  had
already  ruled  on 
the  relevant
provisions,  which  meant  that  a  preliminary  ruling  should  have
been  sought.

the  Community  system  of 

the  Bundesvergabeamt, 

the  question, 

tender  are 

invitation 

interpret 

that 

to 

to 

in 

subject 

ruling  was 

Still  in  Austria,  the  Oberster  Gerichtshof  made  an  Order  on  9
December  1997  in  a  case  turning  on  the  question  whether  the
decision  whereby  a  court  of  originating 
jurisdiction  stayed
proceedings  and  referred  a  question  to  the  Court  of  Justice  for
redress
a  preliminary 
procedures(cid:216)((cid:212)).  After  considering  the  decisions  of  the  Court  of
Justice(cid:216)((cid:213)),  existing  decisions  of  the  Austrian  and  German  courts
and  academic  writings,  the  Court  held  that  a  reference  Order
could  not  be  set  aside  by  a  national  court  since,  for  one  thing,
the  Court  of  Justice  had  exclusive  jurisdiction  to  consider  the
admissibility  of  a  reference  for  a  preliminary  ruling  and,  for
another,  while  decisions  staying  proceedings  in  constitutional
review  actions  before 
the  Constitutional  Court  were  not
reviewable,  references  for  preliminary  rulings  were.  Moreover,

to  national 

((cid:210))(cid:217)Case  B  3486/96.
((cid:211))(cid:217)On  the  coordination  of  the 

laws,  regulations  and  administrative
provisions  on  the  application  of  review  procedures  to  the  award  of
public  supply  and  public  works  contracts:  OJ  L  395,  p.  33.

((cid:212))(cid:217)Case  16  Ok  9/96.  See  also  the  decision  by  the  Vienna  Oberlandes(cid:220)
gericht  to  seek  a  preliminary  ruling  in  the  principal  action  (26b  Kt
630/95/82;  Case  C(cid:220)7/97,  OJ  C  74,  p.  15  (pending)).

((cid:213))(cid:217)Case  146/73,  Rheinm(cid:190)hlen  II  [1974(cid:129)  ECR  139  (judgment  given  on

12  February  1974).

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the  parties  to  the  principal  action,  being  unable  to  oblige  the
court  to  seek  a  preliminary  ruling,  were  not  entitled  to  have  a
decision  seeking  such  a  ruling  set  aside  by  means  of  purely
national  procedures.

The  judgment  given  on  26  June  1997  by  the  Verfassungsge(cid:220)
richtshof(cid:216)(˛)  concerns  access  to  university  education  for  Austrian
nationals  who  have  been  awarded  a  secondary(cid:220)school  leaving
certificate  in  another  Member  State.  The  applicant,  an  Austrian
national,  was  refused  admission  to  study  veterinary  medicine  at
Vienna  University  on  the  basis  of  the  general  certificate  of
matriculation  issued  to  her  in  Germany  in  1995  on  the  grounds
that  she  had  not  received  a  university  admission  certificate
issued  by  a  competent  German  authority  that  would  have
entitled  her  to  follow  university  studies  in  Germany,  as  required
by  section  7(1)(b)  of  the  Austrian  University  Education  Act
(Allgemeines  Hochschulstudiengesetz,  AHStG).  The  Court  held
that  this  did  not  violate  the  principle  of  equality  enshrined  in
law.  The  restrictions  on  university
Austrian  constitutional 
admission  were 
intention  of
legislative 
preventing  or  containing  a  massive  influx  of  persons  who  had
obtained  their  secondary(cid:220)school  leaving  certificate  in  another
country  but  did  not  meet  the  specific  conditions  for  admission
imposed  there  and  therefore  sought  admission 
in  Austria.
Although  the  decision  might  generate  injustice  in  relation  to
Austrian  nationals  residing  temporarily 
in  another  Member
State,  the  Verfassungsgerichtshof  found  that  the  nationality
criterion  was  not  mentioned  in  section  7(1)(b)  of  the  Act  and
held  that  the  section  did  not  violate  the  Community(cid:220)law
principle  of  non(cid:220)discrimination  since  its  purpose  was  precisely  to
treat  all  holders  of  foreign  certificates  in  the  same  way  as  in  the
country  of  issuance  of  the  certificate,  irrespective  of  nationality.

justified  by 

the 

Regarding  interlocutory  proceedings,  the  Oberster  Gerichtshof
held  that,  where  a  question  of  interpretation  of  Community  law
arose  in  such  proceedings  and  the  same  question  arose  at  the
same  time  in  another  case  and  was  referred  to  the  Court  of
Justice,  it  was  not  possible  to  stay  the  interlocutory  proceedings
pending  the  ruling  from  the  Court  of  Justice.  Such  a  stay  was
not  compatible  with 
interlocutory
proceedings  and  would  in  any  case  not  be  appropriate  until  the
mandatory  effect  erga  omnes  of  the  decision  to  seek  the
preliminary  ruling  was  established(cid:216)(ˇ).

the  very  purpose  of 

Although  Directive  77/187/EEC(cid:216)(—)  has  been  transposed  only  in
part  in  Austria  and  precise  transposal  provisions  have  not  been
enacted,  a  judgment  of  the  Oberster  Gerichtshof  given  on  23
May  1997(cid:216)((cid:209)),  referring  to  the  judgment  of  the  Court  of  Justice
and  C(cid:220)139/91
in 
Katsikas(cid:216)((cid:210)),  upheld  the  right  of  a  worker,  being  a  delegate  to
the  Works  Council,  to  oppose  the  transfer  of  his  employment
relationship  to  the  acquirer  of  a  business.

Joined  Cases  C(cid:220)132/91,  C(cid:220)138/91 

(˛)(cid:217)Case  B  877/96.
(ˇ)(cid:217)OGH  14  January  1997,  4  Ob  2386/96b  and  4  Ob  2391/96p.
(—)(cid:217)Case  C(cid:220)308/93  [1996(cid:129)  ECR  I(cid:220)2097.
((cid:209))(cid:217)8  Ob  A  105/97t.
((cid:210))(cid:217)[1992(cid:129)  ECR  I(cid:220)6577,  judgment  given  on  16  December  1992.

is  a 

judgment  given  by 

in  Austria  although,  after  working 

in  Germany.  The  applicant  pleaded 

Also  noteworthy 
the  Oberster
Gerichtshof  on  11  February  1997(cid:216)((cid:211)),  on  an  application  from  an
employed  person  suffering  from  incapacity  for  work  for  an
in
invalidity  pension 
invalidity
Germany  for  fifteen  years,  she  was  receiving  an 
pension 
the  bilateral
agreement  between  Austria  and  Germany  and  Council  Regu(cid:220)
lation  (EEC)  No  1408/71  in  support  of  her  argument  that  her
entitlement  should  be  determined  on  the  basis  of  the  more
generous  provisions  and  that  her  period  worked  in  Germany
should  be  reckoned  for  the  purposes  of  pension  entitlements  in
Austria.  The  Court  held  that  there  was  no  such  obligation  under
the  bilateral  agreement  or  under  the  Regulation  and  concluded
that,  in  the  absence  of  relevant  provisions  in  the  substantive
social  law  of  the  Community,  Austrian  law  should  be  applied.

In  a  judgment  given  on  25  September  1997(cid:216)((cid:212))  the  Verwaltungs(cid:220)
gerichtshof  acknowledged  the  direct  effect  of  Article  10  of
Council  Directive  69/335/EEC  concerning  indirect  taxes  on  the
raising  of  capital(cid:216)((cid:213)).  Referring  to  a  Court  of  Justice  decision(cid:216)((cid:214)),
it  declared  that  administrative  decisions  imposing  duties  for  the
registration  of  capital  increases  of  limited  companies  in  the
companies  register  were  unlawful.  It  felt  no  need  to  seek  a
preliminary  ruling  as  in  the  circumstances  of  the  case  there  was
no  doubt  how  Community  law  should  be  applied(cid:216)(˛˝).

In  the  United  Kingdom,  just  a  fortnight  after  the  Court  of
Justice  gave  judgment  in  S(cid:190)zen(cid:216)(˛˛)  on  11  March  1997,  the
influence  of  the  judgment  was  felt  in  the  Court  of  Appeal’s
judgment  in  Betts  v  Brintel  Helicopters  Ltd(cid:216)(˛ˇ).  The  applicants
were  employed  by  Brintel,  which  supplied  Shell  with  helicopter
services.  When  the  contracts  for  services  between  the  two  firms
expired,  new  contracts  for  the  area  in  which  the  applicants  were
working  were  awarded  to  KLM,  which  did  not  take  over  the
existing  staff  and  equipment  and  operated  from  a  different
heliport.  The  High  Court  made  a  declaration  that  the  applicants
had  become  employees  of  KLM  as  the  Brintel  activities  on  the
heliport  it  used  constituted  an  undertaking  for  the  purposes  of
the  Transfer  of  Undertakings  (Protection  of  Employment)
Regulations  1981  and  there  had  been  a  transfer  of  an  under(cid:220)
taking  since  KLM  was  now  providing  the  same  services  or
activities.  The  Court  of  Appeal  gave  its  judgment  after  the
Court  of  Justice  had  given  judgment  in  S(cid:190)zen  and  allowed
KLM’s  appeal.  The  Court  of  Appeal  held  that  S(cid:190)zen  constitutes
a  shift  of  emphasis,  or  at  the  very  least  a  clarification  of  the
activity
although 
law, 

sector  of 

and  held 

that 

the 

((cid:211)) 10  Obs  19/97k.
((cid:212)) Cases  97/16/0050,  0061.
((cid:213)) OJ  L  249;  as  amended  by  Directive  85/503/EEC  of  10  June  1985,

OJ  L  156,  p.  23.

((cid:214)) Joined  Cases  C(cid:220)71/91  and  C(cid:220)178/91  Ponente  Carni  [1993(cid:129)  ECR

I(cid:220)1915.

(˛˝)(cid:217)Judgment  of  the  Court  of  Justice  in  Case  C(cid:220)283/81  CILFIT  [1982(cid:129)

ECR  3415,  judgment  given  on  6  October  1982.

(˛˛)(cid:217)Case  C(cid:220)13/95  [1997(cid:129)  ECR  I(cid:220)1259.
(˛ˇ)(cid:217)Court  of  Appeal  (Civil  Division),  Betts  and  others  v  Brintel  Heli(cid:220)

copters  Ltd  and  another  [1997(cid:129)  ICR  792.

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10.8.98

constituted  an  undertaking  or  a  business  entity,  the  staff  were
not  the  only  asset  and  that  the  assignor  had  retained  the  bulk  of
the  assets  so  that  the  undertaking  could  not  be  considered  to
have  been  transferred  in  such  a  manner  as  to  keep  its  identity
when  in  the  hands  of  the  new  proprietor.

The  English  courts  must  therefore  settle  the  conflict  without  a
preliminary  ruling  from  the  Court  of  Justice.  The  House  of
Lords  held  that  full  regard  should  be  had  to  decisions  of  the
Court  of  Justice  interpreting  the  Conventions  when  the  statute
fell  to  be  interpreted  by  the  English  courts  even  though  the
Court  of  Justice  had  declined  to  give  a  preliminary  ruling.

teachers’  union 

In  another  transfer  of  undertakings  case  -  National  Union  of
Teachers  and  others  v  Governing  Body  of  St  Mary’s  Church  of
England  (Aided)  Junior  School  and  others(cid:216)(˛)  -  the  Court  of
Appeal  considered  the  cases  on  the  direct  effect  of  directives.
Three  teachers  had  been  made  redundant  following  the  closure
of  the  voluntary  aided  school  where  they  taught.  They  were  not
re(cid:220)engaged  by  the  governing  body  of  the  new  school,  which  was
also  a  voluntary  aided  school.  The 
filed
complaints  for  failure  to  undertake  proper  consultations  in  the
event  of  transfer  of  an  undertaking,  and  the  three  teachers  filed
a  complaint  for  unfair  dismissal;  the  Industrial  Tribunal  decided
that  the  schools  were  not  in  the  nature  of  a  commercial  venture
for  the  purposes  of  section  2(1)  of  the  1981  Regulations,  which
were  accordingly  not  applicable,  and  since  the  Board  of
Governors  of  a  voluntary  aided  school  was  not  a  state  authority
the  applicants  could  not  rely  on  the  direct  applicability  of
body.  The
Directive 
Employment  Appeal  Tribunal  dismissed  the  applicants’  appeal.
The  Court  of  Appeal  allowed  their  further  appeal,  holding  that,
where  a  school  acquired  voluntary(cid:220)aided  status  and  became
effectively  part  of  the  state  system,  the  Board  of  Governors  was
a  public  authority  responsible  for  providing  a  public  service  and
was  subject  to  the  regulatory  powers  exercised  by  the  local
education  authority;  this  made  it  a  state  authority  for  the
purposes  of  Directive  77/187/EEC.

77/187/EEC(cid:216)(ˇ) 

against 

such 

a 

Still  in  the  United  Kingdom,  the  House  of  Lords  followed
Court  of  Justice  precedents  in  Kleinwort  Benson  v  Glasgow
City  Council(cid:216)(—).  The  applicant  bank  had  started  an  action  in
England  for  the  repayment  of  sums  paid  to  Glasgow  City
pursuant  to  a  contract  subsequently  rescinded.  A  statute  broadly
taking  over  the  solutions  adopted  in  the  Brussels  Convention
governs  conflicts  of  jurisdiction  between  the  courts  of  England
and  Scotland.  Glasgow  City  considered  that  the  Scottish  courts
had  jurisdiction,  and  the  Court  of  Appeal  sought  preliminary
rulings  on  the  interpretation  of  the  statute  from  the  Court  of
Justice  (Case  C(cid:220)346/93)  to  determine  restitution  actions  in  the
context  of  the  Brussels  Convention.  The  Court  of  Justice
declared  that  the  reference  was  inadmissible  as  the  Brussels
Convention  itself  was  not  applicable  in  the  circumstances  of  the
case,  even  if  conflicts  of  jurisdiction  between  the  English  and
it.
Scottish  courts  were  governed  by 

inspired  by 

rules 

(˛)(cid:217)[1997(cid:129)  ICR  334.
(ˇ)(cid:217)Case  C(cid:220)308/93  [1996(cid:129)  ECR  I(cid:220)2097.
(—)(cid:217)[1997(cid:129)  3WLR  923.

into  German 

In  Germany  the  Bundesverfassungsgericht,  by  Order  made  on
22  January  1996(cid:216)((cid:209)),  dismissed  a  constitutional  action  against
transposal  of  two  Community  directives  without  considering  the
points  of  Community  law  raised  by  the  parties.  It  held  that
section  3(1)  of  the  Tobacco  Products  (Labelling)  Regulation,
which  transposed 
law  Article  4  of  Directive
89/662/EEC,  as  amended  by  Directive  92/41/EEC(cid:216)((cid:210)),  violated
neither  the  principles  of  freedom  of  opinion  and  freedom  to
engage  in  an  occupation  nor  any  other  of  the  fundamental
rights  secured  by  the  Basic  Law.  The  Court  held  that  the  Regu(cid:220)
lation  had  a  legal  basis  independent  of  Community  law  in
section  21(1)  of  the  Foodstuffs  and  Basic  Necessities  Act
(Lebensmittel(cid:220)  und  Bedarfsgegenst…ndegesetz), 
it  was
accordingly  part  of  German  competition  law  and  that  as  a  result
questions  of  Community  law,  notably  those  relating  to  the
direct  effect  of  directives  in  domestic  law  and  the  applicants’
right  to  have  them  reviewed  by  the  Court  of  Justice,  were  not
relevant  to  its  decision.

that 

the  Bundesarbeitsgericht  gave  a
On  20  November  1997 
judgment  accepting  the  applicant’s  claim  that  as  a  professional
ice(cid:220)hockey  player  he  was  entitled  to  compensation  for  loss
sustained  when  the  club  that  employed  him  applied  the  rules
governing  transfers  adopted  by  the  German  federation(cid:216)((cid:211)).  The
transfer  being  between  two  German  clubs,  the  Court  decided  on
the  basis  of  German  law  alone  that  the  transfer  rules  were  an
unlawful  restraint  of  freedom  to  engage 
in  an  occupation
(Article  12(1)  of  the  Basic  Law).  Moreover,  referring  to  the
Court  of  Justice’s  decision  in  Bosman(cid:216)((cid:212))  that  Article  48  of  the
the  recruitment  of  a
EC  Treaty  precluded  rules  making 
professional  sportsman  by  a  club  in  another  Member  State
dependent  on  payment  of  a  transfer  fee  to  the  club  of  origin,  it
held  that  the  interpretation  placed  on  Article  48  by  the  Court  of
Justice  was  founded  on  the  same  values  as  applied  to  the  inter(cid:220)
pretation  of  Article  12  of  the  Basic  Law.

((cid:209))(cid:217)2  BvR  1915/91:  95  Entscheidungen  des  Bundesverfassungsgerichts
173;  [1997(cid:129)  Europarecht  162;  [1997(cid:129)  Europ…ische  Grundrechte(cid:220)
Zeitschrift  205;  [1997(cid:129)  Europ…ische  Zeitschrift  f(cid:190)r  Wirtschaftsrecht,
p.  734.

((cid:210))(cid:217)Council  Directive  92/41/EEC  of  15  May  1992  amending  Directive
89/622/EEC  of  13  December  1989  on  the  approximation  of  the  laws,
regulations  and  administrative  provisions  of  the  Member  States
concerning  the  labelling  of  tobacco  products,  OJ  L  158,  p.  30.
((cid:211))(cid:217)5  AZR  518/95  [1997(cid:129)  Neue  Zeitschrift  f(cid:190)r  Arbeitsrecht,  p.  647.
((cid:212))(cid:217)Case  C(cid:220)415/93  [1995(cid:129)  ECR  I(cid:220)4921.

10.8.98

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Official  Journal  of  the  European  Communities

C  250/201

In  Spain  the  Sala  Primera  de  lo  Civil  at  the  Tribunal  Supremo
gave  judgment  on  5  July  1997(cid:216)(˛)  acknowledging  the  direct
horizontal  effect  of  Council  Directive  93/13/EEC  of  5  April
1993  on  unfair  terms  in  consumer  contracts(cid:216)(ˇ),  having  earlier
implicitly  acknowledged  such  effect.  All  the  cases  concerned
jurisdiction  clauses  in  standard(cid:220)form  contracts.

decision  since,  in  accordance  with  national  administrative  rules,
there  was  no  basis  for  review  in  a  statute  or  regulation(cid:216)((cid:214)).
Successive  appeals  brought  the  case  up  to  the  Supreme  Adminis(cid:220)
trative  Court,  which,  referring  to  Court  of  Justice  cases(cid:216)(˛˝)  and
to  Article  6  of  the  European  Human  Rights  Convention
(protection  of  the  relevant  rights  is  a  full  part  of  Community
law),  held  that  Community  law  prevails  over  national  law  and
that  national 
to
complain  of  an  administrative  decision  in  a  national  court,  as
that  right  flowed  directly  from  Community  law.

law  cannot  confine  an  applicant’s  right 

In  Denmark,  where  the  Supreme  Court  had  declared  on  12
August  1996  that  an  action  brought  against  the  Prime  Minister
by  eleven  Danish  citizens,  supported  by  777 
interveners,
concerning  the  Maastricht  Treaty  was  admissible(cid:216)(—),  the  ˘stre
Landsret,  acting  as  a  court  of  first  instance,  gave  judgment  on
27  June  1997  dismissing  the  application  on  the  substance(cid:216)((cid:209)).
The  applicants  contested  the  constitutionality  of  Denmark’s
ratification  of  the  Maastricht  Treaty.  Article  20(1)  of  the
Constitution  provides  that  "the  powers  conferred  on  the  auth(cid:220)
orities  of  the  Kingdom  by  this  Constitution  may  be  transferred
by  statute,  and  within  specified  limits,  to  international  auth(cid:220)
orities  established  by  reciprocal  agreements  with  other  States
with  a  view  to  promoting  international  cooperation  and  the
international 
the
transfer  of  powers  effected  by  the  Maastricht  Treaty  was  inde(cid:220)
terminate  and  that  the  transfer  was  accordingly  incompatible
with  Article  20.  The  applicants  have  brought  an  action  to  have
the  judgment  annulled  in  the  Supreme  Court,  which  is  expected
to  give  judgment  in  spring  1998.

legal  order’.  The  applicants  argued 

that 

Sweden’s 

Regarding  the  recognition  of  the  supremacy  of  Community  law
over  national  law,  the  judgment  given  on  25  November  1997  by
the  Regeringsr…tten, 
Supreme  Administrative
Court(cid:216)((cid:210)),  put  an  end  to  certain  doubts  as  to  the  relationship
between  national  law  and  Community  law(cid:216)((cid:211)).  The  judgment
recognises  the  possibility  for  citizens  to  seek  redress  in  the
administrative  courts  against  individual  decisions  affecting  civil
rights  and  duties(cid:216)((cid:212)).  Lassag¿rd  contested  the  national  auth(cid:220)
orities’  refusal  to  pay  an  agricultural  aid  provided  for  by
Commission  Regulation 
laying  down
detailed  rules  for  applying  the  integrated  administration  and
control  system  for  certain  Community  aid  schemes(cid:216)((cid:213)).  The
authority  -  the  Jordbruksverket  -  rejected  the  company’s
application  and  stated  that  there  was  no  appeal  against  its

(EEC)  No  3887/92 

(˛)(cid:217)Ediciones  Oc~ano  Exito  SA  v  Antonia  C.  S.  [1997(cid:129)  Repertorio

Aranzadi  de  Jurisprudencia  6151.

(ˇ)(cid:217)OJ  L  95,  p.  29.
(—)(cid:217)[1996(cid:129)  Ugeskrift  for  Retsv»sen,  p.  1302,  mentioned  in  the  fourteenth

report  (1996).

((cid:209))(cid:217)3.  Afd  No  B(cid:220)2131(cid:220)96.
((cid:210))(cid:217)Case  219/97,  Lassag¿rd.
((cid:211))(cid:217)The  uncertainties 

from 
acknowledge  the  availability  of 
decisions  unless  provided  for  by  national  law  or  regulation.

the  Swedish  courts’  refusal 
to
judicial  review  of  administrative

flowed 

((cid:212))(cid:217)Cf.  Article  6  of  the  Convention  for  the  Protection  of  Human  Rights

and  Fundamental  Freedoms.

((cid:213))(cid:217)OJ  L  391,  p.  36.

In  a  plenary  judgment  the  French  Conseil  d’^tat  acknowledged
that,  where  the  time  allowed  for  transposal  of  a  directive  has
elapsed,  the  authorities  must  disapply  provisions  of  national  law
that  conflict  with  it,  whatever  their  status  and  whatever  the
source  of  incompatibility(cid:216)(˛˛).

This  was  a  tax  case,  and  the  applicant  firm’s  business  was
subject  to  VAT  as  defined  by  section  256  of  the  General  Tax
Code,  conforming  to  the  sixth  directive(cid:216)(˛ˇ).  The  Directive
required  the  Member  States  to  exempt  the  relevant  business  but
the  Code  contained  no  provision  doing  so.  The  interesting  point
about  the  case  was  that  national  legislation  did  not  contain  the
provisions  required  by  the  Directive,  rather  than  containing
provisions  in  conflict  with  it.  The  Conseil  d’^tat  held  that  the
sections  of  the  General  Tax  Code  whereby  insurance  brokerage
remained  subject  to  VAT  were  not  in  conformity  with  the
purpose  of  the  sixth  directive,  that  they  should  be  disapplied  in
tax  should
the 
accordingly  be  cancelled  for  want  of  a 
it  did
so  without  requiring  the  applicant  to  have  pleaded  incompati(cid:220)
bility  with  the  directive  of  the  national  transposal  measure  that
intervenes  between  the  directive  and  the  individual  decision(cid:216)(˛—).

to 
legal  basis; 

instant  case  and 

the  assessment 

that 

((cid:214)) Cf.  Section  14(1)  of  the  Administrative  Tribunals  Act  (Lagen  om

allm…nna  f‰rvaltningsdomstolar),  No  1971:289.

(˛˝)(cid:217)In  particular  Case  C(cid:220)97/91,  Oleifici  Borelli  SpA  v  European

Commission  [1992(cid:129)  ECR  I(cid:220)6313.

(˛˛)(cid:217)SA  Cabinet  Rev(cid:240)t  et  Badelon  [1996(cid:129)  AJDA  1044  (judgment  given  on

30  October  1996).

(˛ˇ)(cid:217)Council  Directive  77/388/EEC  of  17  May  1977  on  the  harmon(cid:220)
isation  of  the  laws  of  the  Member  States  relating  to  turnover  taxes,
OJ  L  145,  p.  1.

(˛—)(cid:217)This  decision  has  been  analysed  by  some  commentators  as  acknowl(cid:220)
edging  the  direct  substitution  effect  of  directives,  meaning  that  an
individual  can  seek  to  have  rights  conferred  by  the  directive  enforced
if  the  directive  is  not  transposed  or  not  properly  transposed  when  the
time  allowed  for  transposal  has  elapsed,  even  though  there  are  no
national  measures  implementing  the  directive.
For  the  contrary  argument,  see  Tribunal  Administratif,  Dijon,  SARL
St~  nouvelle  des  Laboratoires  Eurotonic  [1997(cid:129)  DF  26,  Comm.  746
(judgment  given  on  26  November  1996)  [1997(cid:129)  Europe  223,  p.  14.
For  acknowledgement  of  the  direct  substitution  effect,  see  Tribunal
Administratif,  Strasbourg,  Soc.  Lyonnaise  des  Eaux  v  Communaut~
des  Communes  du  Pi~mont(cid:220)du(cid:220)Barr  and  SDEA  du  Bas(cid:220)Rhin,  Req.
97348  (interlocutory  order  made  on  23  May  1997)  [1997(cid:129)  Europe
222,  p.  13  [1997(cid:129)  AJDA  719.

C  250/202

EN

Official  Journal  of  the  European  Communities

10.8.98

for 

certain 

shooting 

The  Conseil  d’^tat  also  received  an  application  for  annulment
of  an  Order  made  by  the  State  Secretary  from  the  Ligue
Fran(cid:136)aise  pour  la  Protection  des  Oiseaux,  determining  the  open
season 
species.  Council  Directive
79/409/EEC  on  the  conservation  of  wild  birds  requires  Member
States  to  ensure  that  protected  species  "are  not  hunted  during
the  rearing  season  nor  during  the  various  stages  of  repro(cid:220)
duction’.  The  Conseil  d’^tat  annulled  the  Order  as  the  rule  had
not  been  respected  for  certain  species  and  the  national  auth(cid:220)
orities  had  no  power  to  issue  regulations  conflicting  with  the
objectives  of  Community  directives.

judgment  on  12
The  French  Court  of  Cassation  gave  a 
in  mitius  retroactivity  rule,
December  1996  extending  the 
whereby,  in  the  absence  of  provisions  to  contrary  effect,  a
criminal  statute  laying  down  more  favourable  provisions  applies
to  acts  done  before  it  entered  into  force  where  sentence  has  not
yet  been  passed,  to  Community  regulations  on  the  basis  of
which  an  offence  was  defined  by  the  national  legislature(cid:216)(˛).

far 

The  Italian  Consiglio  di  Stato(cid:216)(ˇ),  referring  to  the  judgment  of
the  Court  of  Justice  in  Kalanke(cid:216)(—),  declared  that  references  to
the  female  condition  as  a  discriminatory  factor  in  access  to
public(cid:220)service  employment  was 
from  constituting  an
application  of  the  principle  of  equal  opportunities  but  was
contrary  to  national  and  Community  provisions  excluding  sex
discrimination  and  permitting  only  such  forms  of  discrimination
as  removed  practical  barriers  to  access  to  employment  and
career  prospects  for  women;  it  held  that  the  biological  state  of
maternity  could  not  be  taken  into  account  in  a  recruitment
competition 
the  aptitude  of
candidates  was  assessed,  as  objective  criteria  alone  should  be
used  without  regard  for  personal  situations.

teachers  when 

for  associate 

jurisdiction  between 

Mention  should  also  be  made  of  the  judgment  given  by  the
Italian  Constitutional  Court  on  11  April  1997  in  an  action  for
the  Umbria  and  Marches
conflict  of 
Regions  and  the  State,  with  respect  to  circulars  issued  by  the
Ministry  of  Employment  concerning  support  for  vocational
training  schemes  financed  by  the  European  Social  Fund(cid:216)((cid:209)).  In
particular,  the  Regions  argued  that  the  circulars  encroached  on
the
their  powers 
implementation  of  Community  regulations.  The  Court  began  by

in  matters  of  vocational 

training  and 

confirming  that  Community  law  could  legitimately  depart  from
constitutional  provisions  on  the  distribution  of  powers  between
the  State  and  the  Regions  where  this  was  necessary  to  meet  the
needs  of  the  European  Union.  It  then  noted  that  the  circulars
merely  transposed  Community  instruments  which,  as  such,  were
not  amenable  to  constitutional  review  unless  they  were  incom(cid:220)
patible  with  fundamental  constitutional  principles.  It  therefore
declined  jurisdiction  to  subject  the  circulars  to  constitutional
review  as  they  enjoyed  full  "Community  protection’  by  reason  of
their  origin.  Lastly,  the  Court  seemed  to  suggest  that  the
Regions  could  prevent  their  powers  being  taken  away  from
them  by  participating  in  the  upstream  stages  of  the  process  of
formulating  Community  legislation.

A  final  noteworthy  decision  is  that  given  by  the  Italian  Court  of
Cassation  in  a  case(cid:216)((cid:210))  in  which  the  Court  of  Justice  had  given  a
ruling  on  10  December  1991(cid:216)((cid:211))  declaring  that  the  monopoly  of
port  operations  conferred  on  port  companies  was  incompatible
with  Articles  86  and  90  of  the  Treaty.  The  Italian  Court,  while
confirming 
its  earlier  constitutional  decisions,  ruled  on  the
effects  of  Court  of  Justice  interpretation  rulings  in  the  domestic
legal  order.  It  held  in  particular  that  the  principles  enunciated  in
preliminary  rulings  given  by  the  Court  of  Justice  in  matters  of
interpretation  are  immediately  applicable  and  have  the  effect
that  national  statutes  incompatible  with  the  Community  legal
order  are  immediately  disapplied,  subject  to  respect  for  the
fundamental  principles  of  the  Italian  constitutional  order  and
human  rights.  The  Italian  courts  are  to  respond  to  the  Court  of
Justice’s  ruling  by  disapplying  section  110  (last  paragraph)  and
section  112  of  the  Code  of  Navigation  and  by  presuming  that
they  no  longer  have  effect.

The  Belgian  Raad  van  State  heard  an 
interlocutory  action
against  a  decision  taken  by  the  Monitoring  Committee  provided
for  by  Community  Structural  Funds  regulations(cid:216)((cid:212)).  The  estab(cid:220)
lishment  of  the  Committee  had  been  provided  for  in  the  Single
Programming  Document  presented  by  the  Flemish  Government
to  the  Commission,  which  had  approved  it.  The  Committee  had
selected  a  firm  other  than  the  applicant  for  performance  of  a
project  co(cid:220)financed  by  the  ERDF.

The  Raad  van  State  held  that  the  Monitoring  Committee  had
not  been  established  by  a  Belgian  authority  and  was  not
reviewable  by  such  an  authority.  It  declared  that  the  Committee
was  involved  in  the  exercise  of  public  authority  by  the  European
juris(cid:220)
institutions 

concluded 

that 

and 

had 

no 

it 

(˛)(cid:217)Cass.  Crim.,  Paul  Giusti  et  Soc.  ILS,  12  December  1996  [1996(cid:129)  Bull.

Crim.  466,  p.  360  [1997(cid:129)  Europe  Act.  No  215,  p.  10.

(ˇ)(cid:217)Sezione  VI,  26  February  1997,  Case  325  Pompili  Pagliari  v  Ministero

della  Publica  Istruzione  [1997(cid:129)  Il  Consiglio  di  Stato  I(cid:220)290.

(—)(cid:217)Case  C(cid:220)450/93  [1995(cid:129)  ECR  I(cid:220)3051  (judgment  given  on  17  October

1995).

((cid:209))(cid:217)Case  93  [1997(cid:129)  Giur.  Cost.,  p.  923.

((cid:210))(cid:217)Case  2787,  Compagnia  unica  lavoratori  merci  varie  del  porto  di
Genova  v  Societ{  merci  convenzionali  porto  di  Genova,  Foro  it.,
I(cid:220)3275,  3277  (judgment  given  on  28  March  1997).

((cid:211))(cid:217)Case  C(cid:220)179/90,  Merci  convenzionali  porto  di  Genova  v  Siderurgica

Gabrielli  SpA  [1991(cid:129)  ECR  I(cid:220)5889.

((cid:212))(cid:217)Article  25  of  Council  Regulation  No  4253/88  of  19  December  1988
(OJ  L  374,  p.  1),  as  last  amended  by  Regulation  No  3193/94  (OJ
L  337,  p.  11).

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C  250/203

diction  to  review  decisions  of  those  institutions.  The  fact  that
certain  Belgian  authorities  were  active  members  of 
the
Committee  was  not  sufficient  in  the  Raad  van  State’s  view  to
warrant  a  finding  that  the  Committee’s  decisions  were  decisions
of  a  Belgian  authority(cid:216)(˛).

In  the  Netherlands  the  National  Waddenzee  Conservation
Association  brought  an  action  in  the  Raad  van  State  against  the
issue  of  certain  licences  by  the  Environment  Ministry  without
environmental  impact  assessment.  The  Raad  van  State  held  that
national  rules  excluding  refineries  from  the  impact  assessment
obligation  if  they  had  a  capacity  of  less  than  one  million  tonnes
of 
to  Directive
85/337/EEC(cid:216)(ˇ).  It  annulled  the  licences  after  repeating  that  it
had  had  many  occasions  to  declare  that  the  articles  of  the
directive  that  imposed  this  obligation  had  direct  effect(cid:216)(—).

year  were 

crude  oil 

contrary 

per 

from 

(CBB) 

in  the  Netherlands,  the  College  van  Beroep  voor  het
Still 
Bedrijfsleven 
several
received  an  application 
credit(cid:220)card  companies  for  annulment  of  a  decision  by  the
Economic  Affairs  Minister,  who  had  declined  to  state  that  a
particular  rule  of  Dutch  competition  law  was  not  applicable  to
them.  The  CBB  rejected  the  applicants’  argument  that  the
Dutch  Minister  had  no  power  to  act  as  the  case  was  under
scrutiny  at  the  European  Commission.  It  recalled  that  under  the
Walt  Wilhelm  decision(cid:216)((cid:209))  the  national  authorities  may  act  under
their  national 
the
Commission  is  scrutinising  it,  provided  application  of  national
law  does  not  adversely  affect  the  full  and  uniform  application  of
Community  law  or  the  effect  of  measures  implementing  it.  On
the  substance,  the  CBB  observed  that  the  application  of  this
principle  placed  national  authorities  under  an  obligation  to  see
that  their  decisions  were  in  line  with  the  likely  Community
decision.  The  CBB  dismissed  the  action  on  the  basis  of  letters
from  Commission  DG  IV  stating  that  the  Commission  would
probably  find  the  restrictive  practice  to  be  contrary  to  Article
85(1)  and  ineligible  for  exemption  under  Article  85(3).

in  an  antitrust  case,  even  where 

law 

Q uestion  4

In  the  United  Kingdom,  the  applicants  in  R  v  Secretary  of  State
for  Transport,  ex  parte  Factortame  and  others  (No  5)(cid:216)((cid:210))  were
owners  and  operators  of  Spanish  fishing  vessels  who  had
obtained  from  the  English  courts  and  the  Court  of  Justice  a
declaration 
the  Merchant  Shipping  Act  1988,  which
imposed  nationality  requirements  for  the  registration  of  ship

that 

(˛)(cid:217)Raad  van  State,  Administrative  Division,  judgment  66.661  of  10  June

1997  in  Case  A.73.283/IV  -  16.524.

(ˇ)(cid:217)OJ  L  175,  p.  40.
(—)(cid:217)Nederlands  Juristenblad  3.10.1997,  p.  1641(cid:220)2.
((cid:209))(cid:217)Case  14/68,  Wilhelm  v  Bundeskartellamt  [1969(cid:129)  ECR  1.
((cid:210))(cid:217)High  Court  of  Justice,  Queen’s  Bench  Division,  Divisional  Court
[1997(cid:129)  The  Times  Law  Reports,  p.  482  (judgment  given  on  31  July
1997).

law  conferred 

owners  and  operators,  was  contrary  to  Community  law.  It  was
common  ground  that  Community 
individual
rights.  The  High  Court  held  that  the  breaches  were  serious
enough  for  the  Secretary  of  State  for  Transport  to  be  liable  in
if  the  applicants
damages 
subsequently  proved 
it.  Moreover,  among  the  four  factors
identified  by  the  Court  of  Justice,  the  High  Court  identified
four  which,  added  to  the  importance  of  the  principle  breached,
warranted 
the  United  Kingdom  had
that 
manifestly  and  seriously  exceeded  its  discretionary  powers:

in  respect  of  the 

the  conclusion 

loss  sustained, 

-(cid:217)nationality  discrimination  was  the  deliberate  effect  of  the

residence  requirements;

-(cid:217)the  Secretary  of  State  was  aware  that  the  requirements  were
bound  to  cause  the  applicants  to  sustain  loss  as  their  very
purpose  was  to  prevent  them  from  fishing  on  the  United
Kingdom  quotas;

-(cid:217)the  United  Kingdom  Government  had  decided  to  attain  its
objective  by  statutory  means  to  ensure  that  implementation
was  not  delayed  by  actions  for  judicial  review,  making  it
impossible  for  the  applicants  to  obtain  interim  relief  without
the  intervention  of  the  Court  of  Justice;

-(cid:217)the  attitude  of  the  European  Commission  was  hostile  to  the

proposed  legislation.

The  High  Court  further  held  that  the  applicants  were  not
entitled  to  exemplary  damages  under  English  law  since,  even  if
the  case  could  be  regarded  as  sui  generis,  their  action  was  for
breach  of  statutory  duty  and  exemplary  damages  were  not
available 
in  the  absence  of  a  statutory
provision  to  the  contrary,  and  there  was  no  comparing  an  action
for  misfeasance  in  public  office  with  an  action  for  breach  of
duties  under  Community  law.

in  such  an  action 

to 

On  9  January  1997  the  Italian  Court  of  Cassation  gave
judgment  in  a  case  concerning  State  liability  in  damages  for
failure 
transpose  a  directive(cid:216)((cid:211)).  Legislative  Decree  No
80/1992,  transposing  Council  Directive  80/987/EEC  of  20
October  1980  on  the  protection  of  employees  in  the  event  of  the
insolvency  of  their  employer(cid:216)((cid:212)),  provides  for  a  system  of
the  employer’s
protection 
after
or 
insolvency 

that  varies  depending  whether 

commenced 

proceedings 

before 

((cid:211))(cid:217)Sezione  lavoro,  Case  133,  INPS  v  Veronica  Campanelli  [1997(cid:129)  Foro

it.,  Mass.,  14.
((cid:212))(cid:217)OJ  L  283,  p.  23.

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10.8.98

the  Directive  came  into  force.  In  the  former  case,  the  Decree
provides  that  an  action  for  damages  for  loss  caused  by  failure  to
transpose 
the  directive  must  be  brought  within  one  year
following  the  Decree’s  entry  into  force.  In  its  approach  to  the
problem  of  the  legal  classification  of  the  compensation  and  the
rules  governing  actions  for  damages,  the  Court  confirmed  its
earlier  approach(cid:216)(˛)  that  the  damage  sustained  by  reason  of
failure  to  transpose  a  directive  is  not  attributable  to  an  unlawful

(˛)(cid:217)See  14th  report:  OJ  C  332,  at  p.  205  (judgment  given  on  19  January

1996).

act  by  the  State.  The  ground  for  this  is  that,  "since  the  two  legal
orders  -  the  domestic  and  the  Community  -  are  autonomous
of  each  other,  the  actions  of  the  legislature  can  be  regarded  as
unlawful  in  the  context  of  the  Community  legal  order  but  not  in
the  context  of  the  domestic  legal  order,  given  the  principles
clearly  enunciated  in  the  Constitution’.  Recalling  the  principles
enunciated  by  the  Court  of  Justice  in  connection  with  State
liability  for  late  transposal  of  directives,  the  Court  of  Cassation
held  that  interest  due  to  the  applicant  on  unpaid  wages  ran  from
the  time  when  the  loss  arose,  in  other  words  from  the  date  of
the  employer’s  insolvency  and  not  from  the  (later)  date  when
the  directive  was  transposed  into  Italian  law.