Sixteenth annual report on monitoring the application of Community law (1998)
Date: 1999-07-09
Institutions: European Commission
Subjects: EU control, application of EU law, national implementing measure, report

7.12.1999

EN

Official Journal of the European Communities

C 354/1

I

(Communications)

COMMISSION

SIXTEENTH ANNUAL REPORT

on monitoring the application of community law

— 1998 —

(1999/C 354/01)

COM(1999) 301 final

(Submitted by the Commission on 9 July 1999)

C 354/2

EN

Official Journal of the European Communities

7.12.1999

CONTENTS

Page

1.

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

2. SITUATION SECTOR BY SECTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.

INTERNAL MARKET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.1.

Implementation of the action plan for the single market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2. Free movement of persons and citizenship of the Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2.1. Ending discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2.2. Entry and residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2.3. Right to vote and stand in elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2.4. Regulated professions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2.5.

Independent commercial agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3. Free movement of goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.1. Articles 30 et seq of the EC Treaty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.2. Preventive rules provided for by Directive 98/34/EC (formerly 83/189/EEC)

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

2.1.3.3. Harmonised legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.1. Foodstuffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.2. Pharmaceutical products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.3. Chemicals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.4. Motor vehicles, tractors and motorcycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.5. Construction products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.6. Capital goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.7. Cosmetics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.8. Textiles and shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.3.9. Liability for defective products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.4. Special arrangements relating to freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3.5. Customs union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.4. Free movement of services and right of establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.4.1. Articles 52 et seq and Articles 59 et seq . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.4.2. Financial services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.4.3. Commercial communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.4.4. The media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.5. Free movement of capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.6. The business environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.6.1. Company law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.6.2.

Intellectual and industrial property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.6.3. Data protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.6.4. Public procurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.6.5. Direct taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.6.6. VAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.6.7. Other indirect taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

12

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13

13

13

13

14

15

15

15

17

18

18

18

18

19

19

19

20

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7.12.1999

EN

Official Journal of the European Communities

C 354/3

2.2. COMPETITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.2.1. Public enterprises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.2.2. Monopolies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.3. ENTERPRISE POLICY, DISTRIBUTIVE TRADES, TOURISM AND COOPERATIVES . . . . . . . . . . . . . . . .

2.4. EDUCATION, TRAINING AND YOUTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.5. SOCIAL AFFAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.5.1. Free movement of workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.5.2. Equal treatment for men and women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.5.3. Working conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.5.4. Health and safety at work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.5.5. Public health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.6. REGIONAL AND COHESION POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.7. BUDGET MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.8. ENERGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.8.1.

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.8.2.

Internal market for electricity and natural gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.8.3. Energy efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.8.4. Oil and gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.9. TRANSPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.9.1. Road transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.9.2. Combined transport

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

2.9.3.

Inland waterways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.9.4. Rail transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.9.5. Sea transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.9.6. Air transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.10. TELECOMMUNICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.11.

INFORMATION, COMMUNICATION, CULTURE AND AUDIOVISUAL MEDIA . . . . . . . . . . . . . . . . .

2.12. ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.1.

Freedom of access to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.2.

Environmental impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.3. Air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.4. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.5. Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.6. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.7. Chemicals and biotechnology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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EN

Official Journal of the European Communities

7.12.1999

2.12.8. Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.9.

Environment and industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.12.10. Radiation protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.13. AGRICULTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.13.1.

Free movement of agricultural produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.13.2. Markets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.13.3. Harmonised areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.13.4.

Implementation of Directive 98/34/EC (technical standards and regulations) in the field of
agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.14. FISHERIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.14.1. Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.14.2. Grant of flag rights and fishing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.15. CONSUMER PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.15.1.

Safety and health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.15.2.

Protection of consumers’ economic interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.15.3.

Progress in implementing consumer protection directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.16. COMMUNITY STAFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.17. STATISTICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEXES

ANNEX I: Detection of infringement cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX II:

Infringements procedures — breakdown per stage reached, legal basis, Member State and sector

ANNEX III: Infringements of treaties, regulations and decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

62

63

63

63

64

65

66

67

67

67

67

67

67

68

68

68

70

75

96

ANNEX IV: Progress in implementing directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

130

ANNEX V:

Judgments of the Court of Justice up to 31 December 1998 not yet implemented . . . . . . . . . . . . . .

175

ANNEX VI: Application of Community law by national courts: a survey

182

7.12.1999

EN

Official Journal of the European Communities

C 354/5

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

1.

INTRODUCTION

The Commission has placed the proper application of Com-
munity law by the Member States high among its objectives,
to enable Community citizens to enjoy the full benefit of
European integration. As can be seen from this report,
the sixteenth since the resolution passed by the European
Parliament on 9 February 1983, it has provided itself with the
practical means of attaining this objective, both through the
unprecedented enhancement of the facilities for use of the
infringement procedures provided for by Article 169 of the
Treaty and by greater use of administrative cooperation,
notably via the action plan for the internal market.

1.1. Statistics for 1998

More than ever in the past, the Commission was active in its
role as guardian of the Treaties in 1998, as can be seen from
the figures below:

— the number of r e a s o n e d o p i n i o n s issued in the
course of the year reached an all-time high at 675; this is
102 % up on the figure of 334 for 1997, and it is the result
of far stricter and far quicker action by the Commission
following the internal reforms made since 1996 and
strengthened in 1998,

— the number of A r t i c l e 1 6 9 l e t t e r s is down from
1 461 in 1997 to 1 101 in 1998, simply because the
number of proceedings for failure to transpose directives
fell; Article 169 letters for failure of legislation to comply
with Community law or for incorrect application of
Community law rose from 432 in 1997 to 486 in 1998,
an increase of 12 % (and 42 % up on 1996),

— the number of cases r e f e r r e d t o t h e C o u r t o f
J u s t i c e , at 123, was stable; compared with the number
of Article 169 letters and reasoned opinions, this makes it
quite clear that the bulk of infringement cases are solved
before there is any need to go to the Court,

— in 1998 Commission departments were very active in
detecting cases of non-conformity and incorrect appli-
cation of Community law, since the number of c a s e s
d e t e c t e d b y t h e m rose by 52 % from 261 in 1997
to 396 in 1998 (this figure includes cases opened as a
result of parliamentary questions or petitions),

— the number of complaints received by the Commission
continued the upward course started in 1997, rising by
18 % from 957 in 1997 to 1 128 in 1998 (and by 38 %
from the 1996 level); the figure would be even higher if
the 4 000 or so identical complaints about
the new
Swedish legislation on controls on shipments and parcels
containing spirits and tobacco and the hundreds of com-
plaints about the taxes applied by certain Belgian local
authorities on satellite dishes were added (given the number
of complaints on the latter subject, a standard-form
acknowledgement of receipt was published in the ‘C’
series of the Official Journal (1) and on the Community
institutions’ website),

— t e r m i n a t i o n decisions fell by 7 %, from 2 112 in
1997 to 1 961 in 1998, which is evidence of the large
number of cases solved in relation to the application of
Community law,

— the s p e e d with which cases were dealt with also
rose: 25 % of Article 169 letters sent in 1997 concerned
infringement proceedings opened in the course of the year,
but the figure rose to 48 % in 1998; there was an even
sharper rise in the corresponding figure for reasoned
opinions, as 19 % of those issued in 1998 concerned
proceedings commenced in 1998, as against 1 % in 1997,

— as for transparency, the number of cases on which a
p r e s s r e l e a s e was issued rose from 248 in 1997 to
334 in 1998.

(1) For example OJ C 339, 7.11.1998, p. 31.

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These few statistics clearly reveal the impact of the internal
reforms implemented by the Commission, initially in 1996
and then in 1998, to improve the operation of the infringement
procedure. These reforms will be described in greater detail in
this introduction (point 1.2). There was an improvement in
the application of Community law by the Member States as
regards the transposal of directives (point 1.3), but compliance
in general by the Member States remains sadly inconsistent
(point 1.4). There are times when the penalty procedures of
Article 171 of the Treaty seem to offer the only possibility of
inducing a Member State to come into line (point 1.5).

1.2. The reform of Commission working methods in
relation to infringement proceedings: new improve-
ments in 1998

In June 1998 the Commission evaluated the operation of its
working methods in relation to infringement proceedings
under Article 169 of the Treaty, which were reformed in July
1996 (1). The exercise applied to all forms of infringement
proceeding, irrespective of the area of Community law in issue.

The Commission then decided on a range of new internal
measures to improve the operation of the relevant procedures,
relating to:

— faster handling of cases,

— greater transparency, and also

— better relations with complainants.

1.2.1. Faster handling of cases

The improvements here related both to the decision-making
machinery and to the implementation of decisions. They are
described in a document which has been sent to the European
Parliament,
and the Ombudsman
(SEC(1998)1733).

the Member States

the main changes to speed up the handling of
One of
infringement cases was the general use, from April 1998, of
fortnightly meetings devoted specifically to the application of
Community law. Until quite recently, all but the most urgent
infringement cases were considered in four periodic reports (in
March, June, October and December). The use of these periodic
reports, taking stock of all suspected infringements (up to
the Article 169 letter stage) and established infringements
(subsequent stages) (2), secures a consistent approach to the
irrespective of the area of Community law
various cases,
in issue, and regular review of the cases referred to the
Commission.

(1) See Fourteenth annual report (OJ C 332, 3.11.1997, p. 9).
(2) Between 1 000 and 2 000 cases.

With the 1996 reform, the Commission added a new possi-
bility of dealing with infringement cases at the fortnightly
meetings on Community law (mainly devoted to state aids) so
that cases ripe for a decision on the merits could proceed more
quickly without awaiting the periodic report.

In 1997 only 40 cases were taken at fortnightly meetings, but
nearly 400 Commission decisions were dealt with by this new
procedure in 1998. Decision-making has thereby been speeded
up, since the next stage of the procedure (for example reasoned
opinion or referral to the Court) can be embarked on as soon
as the time allowed for a reaction from the Member State is
up, assuming there is no reaction or only an inadequate
reaction. Likewise, where a case is settled, it can be formally
terminated more quickly, which gives the Member States a
further incentive to come into line with Community law. More
generally,
the greater frequency of Commission meetings
devoted to infringements offers greater efficiency in the
processing of cases.

The ‘de-dramatisation’ of Article 169 letters, which have been
restored to their genuine function of seeking observations, and
at the same time the decline in the volume of correspondence
prior to that stage, have also made it possible for the
Commission to take quicker decisions to open infringement
proceedings. The Commission now enforces more rigorously
the rules on time limits for a reaction to Article 169 letters
and action on reasoned opinions, as the next stage of the
procedure is launched as soon as the time allowed for a
response to a letter or for action on a reasoned opinion has
elapsed without a satisfactory reaction.

But
the
there is little point in speeding up decisions if
Article 169 letter or reasoned opinion is not served on the
Member State. After all the Member State needs to know the
Commission’s view of the case before it can furnish an
explanation, put an end to the infringement or, if it prefers, let
the Article 169 procedure follow its course.

In the past, the time required for notification of Article 169
letters and reasoned opinions was measured in months, but in
1998 the Commission adopted the principle of notifying
decisions in the week they are taken. To this end, internal rules
were amended in the second half of 1998 to ensure that the
notification is prepared as fully as possible before the decision
and to detect every unwarranted delay.

As has been seen, the impact of these rules has already been
quite considerable, since 19 % of reasoned opinions issued in
1998 concerned proceedings opened in the course of the
year whereas only 1 % of those issued in 1997 concerned
proceedings opened that year.

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1.2.2. Greater transparency

Since the reform of 1996, publicity by means of press releases
has been the general rule for all decisions to issue reasoned
opinions or refer cases to the Court. But the Commission
generally does not issue a press release when it issues an
Article 169 letter (1), since such a letter does not determine
the Commission’s final position but is confined to seeking
observations, after which infringement cases become easier to
settle.

As already indicated, the number of press releases announcing
infringement cases rose in 1998, to 334 from only 44 in
1996.

This policy of greater transparency will be maintained: infor-
mation at present available only on paper will be made more
accessible via the Internet.

1.2.3. Better relations with complainants

Complainants, of course, are not strictly speaking interested
parties for the purposes of the procedures of Article 169 of
the Treaty, but the fact remains that the Commission attaches

great importance to informing them properly of the response
to their complaints at all stages of the procedure.

Following an own-initiative inquiry by the Ombudsman in
1996 (2), the Commission now routinely informs complainants
where it plans to propose that a case be terminated.

A new version of the complaint form, giving fuller and clearer
explanations, has been devised to replace the form in use since
1989 (3), so that complainants can be fully aware what they
can expect from the infringement procedure and be informed
of the other possibilities for asserting their rights. The principle
that complaints are treated on a confidential basis is maintained
so as to preserve the necessary relationship of trust with
complainants and ensure that they suffer no loss.

1.3. Transposal of directives in 1998

the rate of
The table below gives an overall picture of
notification of national measures implementing all the direc-
tives applicable on 31 December 1998.

(1) Except for Article 171 letters and letters relating to failure to

notify national measures implementing directives.

(2) See Fifteenth annual report (OJ C 250, 10.8.1998, p. 10).
(3) OJ C 26, 1.2.1989, p. 6.

Member State

Directives applicable
on 31 December 1998

Directives for which
implementing measures
have been notified

Percentage
notification rate
on 31 December 1998

Percentage
notification rate
on 31 December 1997

Denmark

Spain

Finland

Sweden

Germany

Netherlands

United Kingdom

Ireland

Austria

Portugal

Belgium

France

Luxembourg

Greece

Italy

EC average

1 453

1 458

1 453

1 454

1 459

1 459

1 455

1 452

1 461

1 462

1 459

1 458

1 457

1 456

1 457

1 457

1 427

1 420

1 411

1 411

1 411

1 410

1 402

1 387

1 388

1 386

1 382

1 377

1 372

1 366

1 364

1 394

98,21

97,39

97,11

97,04

96,71

96,64

96,36

95,52

95,0

94,80

94,72

94,44

94,17

93,82

93,62

95,70

97,0

95,1

96,3

97,3

93,6

96,4

94,7

94,1

94,3

93,5

91,8

93,6

94,2

92,8

92,5

94

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On 31 December 1998 the Member States had on average
notified 95,7 % of the national measures needed to implement
the directives applicable. The general rise in the transposal rate
from the 1997 figure of 94 % is due first and foremost to
the tougher means applied by the Commission to enforce
Community law, either infringement proceedings proper, or
less contentious techniques such as administrative cooperation
(and particularly the directive missions), or peer pressure
generated by the plan of action for the internal market.

Particular attention is drawn to the efforts made by Belgium
and Germany to make up their delays, though the transposal
rate in Luxembourg, Greece, Italy and, albeit to a lesser degree,
France, continues to give cause for concern.

Even though the aggregate figures are encouraging, problems
subsist
in a number of specific areas, notably transport
and agriculture, where there has sometimes been no major
improvement.

The table at the end of Annex IV shows the detailed transposal
rate for each Member State and each area in 1998.

1.4. General overview of the application of Community

law by the various Member States

The table below breaks down by Member State the 2 979
infringement cases in motion on 31 December 1998 (includ-
ing cases where the Commission has not yet decided to
commence proceedings and where proceedings are already
under way).

Cases in motion at 31 December 1998, by Member State

241

238

199

174

163

146

115

114

101

81

75

419

329

293

291

450

400

350

300

250

200

150

100

50

0

France

Italy

Germany

Spain

Greece

Belgium

Kingdom

Portugal
United

Austria

Luxembourg
Ireland

Netherlands

Sweden

Finland

Denmark

It can be seen that France is the Member State against which
the largest number of proceedings are in motion, most
commonly concerning non-conformity or incorrect appli-
cation. It is worth noting that France is the Member State
against which the largest number of complaints was lodged in

1998 — 203 out of 1 128, or 18 %. The application of
Community law in Italy, Greece and Belgium also gives
cause for concern, partly on grounds of failure to transpose
Community directives.

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Cases at the Article 169 letter stage at 31 December 1998

254

205

165

300

250

200

150

100

50

0

France

Italy

Belgium

Portugal

142

141

140

128

98

97

97

86

59

49

44

25

Greece

Germany

Spain

Austria
UnitedKingdom

Luxembourg

Netherlands
Ireland

Sweden

Finland

Denmark

Some Member States are overrepresented at the reasoned
opinion and referral stages; the tables below highlight this.
The conclusion is that these Member States have greater
infringement of
difficulties

in quickly solving cases of

Community law, either because of problems of political or
legal substance or simply because they sometimes take a
long time to respond to the Commission’s Article 169 letters
and reasoned opinions.

Cases at the reasoned opinion stage at 31 December 1998

139

123

160

140

120

100

80

60

40

20

102

73

65

65

56

50

48

40

34

32

13

13

8

0

France

Italy

Germany

Spain

Greece

Belgium

UnitedKingdom
Portugal

Austria

Luxembourg
Ireland

Netherlands

Sweden

Finland

Denmark

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45

40

35

30

25

20

15

10

5

0

Cases before the Court of Justice at 31 December 1998

42

31

34

28

19

16

11

11

12

7

5

7

Italy

Germany

Spain

Greece

Belgium

UnitedKingdom
Portugal

Austria

Luxembourg
Ireland

Netherlands

Sweden

Finland

Denmark

1

1

1

France

1.5. The continued application of the penalty provisions

of Article 171 of the Treaty

In 1998, the Commission continued to make use of the
penalty provisions of Article 171(2) of the Treaty, taking five
decisions to apply for penalties when referring cases to the
Court of Justice for the second time (1). Two cases of this kind
were actually brought before the Court of Justice in 1998.

For the first time, such a decision was taken in a social affairs
case, environmental law ranking ahead of all other areas in the

(1) See Fourteenth report (description of the communication of 6

July 1996 and the method of 8 January 1997).

use of this instrument. For the first time a referral with
application for penalties was taken against Luxembourg, which
Italy (three decisions),
thus joins Greece (four decisions),
Germany (three decisions), France (two decisions) and Belgium
(one decision).

The effectiveness of the mechanism has been borne out, since
Member States responded to most penalty decisions by rapidly
coming into line with Community law, either before the case
was referred to the Court or shortly afterwards.

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Member State

Subject

Penalty
ECU/day

Date
of decision

Stage of procedure at 31.12.1998

Italy

Italy

Radiation protection Directive

159 300

29.1.1997 Terminated on 2.12.1998

Waste and dangerous waste Directives

123 900

29.1.1997 Terminated on 26.6.1997

Germany

Groundwater Directive

Germany

Wild birds Directive

Groundwater Directive

Waste — village in Crete

158 400

26 400

29.1.1997 Terminated on 2.12.1998 (after referral
on 24.3.1997 — C-122/97)

29.1.1997 Terminated on 26.6.1997 (after referral
on 24.3.1997 — C-121/97)

264 000

29.1.1997 Terminated on 26.6.1997

24 600

26.6.1997 Not yet settled

Referral on 17.11.1997 (C-87/97)

Wild birds Directive

7 750

10.12.1997 Terminated on 25.3.1998

Nationality requirement for private schools

61 500

10.12.1997 Terminated on 24.6.1998

Directive on higher education qualifications

41 000

10.12.1997 Not yet settled

Defective products Directive

Wild birds Directive

Public services contracts Directive

Luxembourg

Access to public employment

Referral on 20.5.1998 (C-97/98)

158 250

31.3.1998 Terminated on 24.6.1998

105 500

24.6.1998 Not yet settled

Referral on 16.10.1998 (C-73/98)

24.6.1998 Stay of execution decided on 2.12.1998

2.12.1998 Not yet settled

39 975

14 000

Italy

Urban water treatment

185 850

2.12.1998 Not yet settled

Germany

Greece

Belgium

Greece

Greece

France

France

Greece

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2. SITUATION SECTOR BY SECTOR

2.1.

INTERNAL MARKET

2.1.1.

Implementation of the action plan for the single
market

The action plan for the single market was announced by the
Amsterdam European Council in June 1997 with an ambitious
18-month programme ahead. By the time it finished on 31
December 1998, it was clearly a success. Substantial progress
was made, both on the legislative and non-legislative fronts. In
most, but not all, cases the progress called for by the action
plan was achieved.

In spite of the progress made by some Member States, it is
clear that the directives which have not yet been implemented
will not be before the end of 1998 — one of the objectives set
by the action plan.

However, there has been a considerable improvement with
regard to the percentage of directives not yet implemented in
one or more Member States (the ‘fragmentation factor’), which
has fallen to 13,7 % (from 35 % in June 1997). However, the
situation varies from Member State to Member State, and a
continuing delay in the transposal of directives into national
law is a serious worry. Eliminating the delay is vital. The
Commission is monitoring the situation on the single market
scoreboard, the second and third editions were published in
May and October respectively, and it submits a regular progress
report to the Council.

Following the Commission communication of 13 May 1998
entitled ‘Making single market rules more effective’ (1), the
Council, at its meeting on 24 September, called on the Member
States to attach the highest priority to efficient, complete and
timely implementation of single market rules.

Initiatives aimed at strengthening the framework for the
implementation of legislation and problem-solving, through
the setting up of contact points and coordination centres, have
been reinforced. Contact points for businesses and the general
public are available on the Internet. Support for these efforts is
provided by the Karolus programme, under which exchanges
are arranged between officials responsible for the implemen-
tation of single market rules from different Member States. On
7 April, the European Parliament and the Council decided to
extend the programme until 31 December 1999 (2).

If the single market is to function effectively, the relevant
legislation must also be correctly implemented by the Member
States. The Robert Schuman campaign (3), recently adopted by
the European Parliament and the Council for a period of three
years, 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 among the legal pro-
fession, 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 cam-
paign 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 two pilot phases in 1997 and 1998, over 80 local
projects were selected for support under the campaign. The
results of projects which are already well under way and
positive feedback from professionals in the field show that the
campaign has so far been a success and highlight the scale of
the training needs of judges and lawyers in Community law,
which the campaign is endeavouring to address. The first year
of the Robert Schuman campaign will kick off with a call for
proposals to be published in the Official Journal of the European
Communities at the beginning of 1999.

Better, simpler legislation remains a high political priority.
1998 saw the conclusion of phase III and the launch of
phase IV of the SLIM initiative, while the conferences on better
regulation organised by the United Kingdom and Austrian
Presidencies showed the increasing attention being given to
this subject at national level. The Business Test Panel, which
allows businesses to assess in advance the administrative
burden and compliance costs of forthcoming legislative pro-
posals, was also launched as a pilot project (4). The political
momentum for simpler, better legislation favours the creation
of a business environment enabling businesses and individual
citizens to reap the full benefits of the single market.

The dialogue with citizens and business launched at the Cardiff
European Council provides information, via telephone and
Internet, on how to exercise the rights conferred by Com-
munity law. It also provides the Commission with feedback on
the problems encountered in doing so. OSIS (the one-stop
Internet shop), which goes on line this month as part of the
dialogue with business, provides ready access to a wide range
of useful information on doing business in the single market.

(1) COM(1998) 296.
(2) Decision 889/98/EC of the European Parliament and of the

(3) Decision 1496/98/EC of the European Parliament and of the

Council of 22 June 1998 (OJ L 196, 14.7.1998).

Council of 7 April 1998 (OJ L 126, 28.4.1998).

(4) COM(1998) 197, 30.3.1998.

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On the legislative front, three of the four priority measures set
out in the action plan have been agreed: the internal market in
gas, the legal protection of biotechnological inventions, and
the transparency mechanism for information society services.
However, the failure to adopt the fourth priority measure, the
European Company Statute, has impeded adoption of a
number of related proposals, such as the proposal for a 10th
Directive on cross-border mergers. The targets set in the action
plan in relation to many other legislative measures have been
met. Progress has been particularly notable in the area of
electronic commerce. Significant progress has also been made
on the liberalisation of telecommunications and electricity.

Action to deliver the benefits of the single market to all citizens
includes the Commission’s proposals for improvements to the
rights of entry and residence for workers and its Communi-
cation of 1 July outlining a future proposal creating unified
rights for all union citizens. The elimination of border controls
will now take place within the framework of Article 62 of the
EC Treaty as amended by the Treaty of Amsterdam.

In its communication on the follow-up to the recommen-
dations of
the High-Level Panel on the Free Movement
of Persons (Commission communication to the European
Parliament and the Council of 1 July 1998, COM (1998)
403 final), the Commission stressed the need to improve
information to citizens regarding their rights and to provide
better training and information for all those involved in the
exercise of free movement. The purpose of this is to ensure
that Community law on the free movement of persons is given
practical effect.

2.1.2. Free movement of persons and citizenship of the

Union

2.1.2.1. Ending discrimination

As indicated in the 1997 report, the Commission has been
keeping a watchful eye on the question of civil procedure and
access to justice, to ensure that national authorities respect the
case-law established by the Court in C-43/95 Data Delecta (1),
C-323/95 Hayes (2) and C-122/96 Saldanha (3) prohibiting the
requirement 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). On 8 July 1998, the Commission sent
the German and Spanish authorities two reasoned opinions
contesting, under Article 6 of the Treaty, the obligation for
Community nationals to provide such a guarantee provided
for in the German and Spanish codes of civil procedure. The
case against Germany has since been terminated, after the
legislation in question was amended in line with the reasoned

opinion. In Spain a bill on civil procedure is now in the
pipeline. Pending its adoption, the Commission decided to
refer the case to the Court in December 1998.

2.1.2.2. Entry and residence

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) have now been transposed by all
the Member States, Germany being the last to do so. The
infringement proceedings under way for incorrect transposal
of the three Directives are continuing.

The Commission decided to take action against France and
Italy in the Court of Justice concerning the implementation of
provisions on the declaration of financial means by students,
the financial means of retired persons and persons not in
active employment, sickness insurance for students, retired
persons and persons not in active employment.

Other proceedings for incorrect transposal of the three Direct-
ives are at an earlier stage (Germany and Austria).

A number of proceedings for incorrect transposal were closed
after the national legislation concerned was amended (Spain,
Portugal, Finland and Sweden).

On 30 March 1998, the Commission brought an action in the
Court of Justice against Greece (Case C-85/98 (4)) 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-member countries than to
EU citizens themselves. The Commission believes that this
difference of treatment is contrary to the Directives on right of
residence.

2.1.2.3. 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 (Schleswig-Holstein, Bavaria
and Brandenburg), Austria (Tyrol), the Netherlands, Ireland,
Greece and Spain.

As guardian of the Treaties, the Commission pursued a number
of proceedings in 1998 to ensure that Directive 94/80/EC is
transposed by all the Member States. Infringement proceedings
against France were terminated after it adopted implementing
measures in May. The proceedings initiated in 1997 against
Germany (Saxony and Bavaria) are continuing.

(1) [1996] ECR I-4661, judgment given on 26 September 1996.
(2) [1997] ECR I-1711, judgment given on 20 March 1997.
(3) [1997] ECR I-5325, judgment given on 2 October 1997.

(4) Not yet reported.

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In its judgment of 9 July 1998 in Case C-323/97 (1), the Court
of Justice condemned Belgium for failure to notify national
implementing measures.

With regard to other judgments of the Court as yet not
implemented, it should be noted that:

Infringement proceedings were also initiated against Austria
for incorrect transposal in seven of the nine Länder.

On 7 January 1998, the Commission adopted a report on the
application of Council Directive 93/109/EC 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. The report does not propose amendments to the
Directive but sets out possible improvements in the way it is
applied.
Infringement proceedings for incorrect transposal
were initiated against Greece and Sweden, while the proceed-
ings against Italy were terminated after the relevant legislation
was amended.

2.1.2.4. Regulated professions

C o u r t o f J u s t i c e d e c i s i o n s

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

— the proceedings against Greece following the judgments of
15 March 1988 (Case C-147/86 (2)) and 30 January 1992
(Case C-328/90 (3)) concerning ‘frontistiria’ and private
music and dance schools were terminated after new
legislation complying with Community provisions was
introduced,

— the Article 171 proceedings against

Italy and France
concerning the freedom of
tourist guides to provide
services (judgment given on 26 February 1991 in Cases
C-180/89 (4) and C-154/89 (5)) are still in motion. Pro-
visions adopted by the Italian regions are still under
examination and the entry into force of the draft decree of
which France has sent notification is still awaited,

— it has been decided to refer the case concerning Greece’s
failure to notify measures transposing Directive 89/48/EEC
(first general system) to the Court a second time, with a
request for a financial penalty (Case C-365/93 (6), judgment
given on 23 March 1995).

(1) [1998] ECR I-4281.
(2) [1988] ECR I-1637.
(3) [1992] ECR I-425.
(4) [1991] ECR I-709.
(5) [1991] ECR I-659.
(6) [1995] ECR I-499.

— Following the judgment given against Spain on 22 March
1994 concerning the freedom of tourist guides to provide
services (Case C-375/92 (7)), scrutiny of the new decrees on
the exercise of that profession adopted by the Autonomous
Communities is continuing in cooperation with the Span-
ish authorities.

C a s e s p e n d i n g b e f o r e t h e C o u r t o f J u s t i c e

The Commission has referred the following cases to the Court:

— a case against Germany concerning access to the dental
profession (requirements not provided for under the
dentists’ Directives (78/686/EEC and 78/687/EEC), con-
cerning the admission to the social security register of
Community nationals holding diplomas obtained in other
Member States which conform to the above directives),

— a case against Spain, relating to national legislation trans-
posing the architects’ Directive (85/384/EEC), which
restricts the activities of migrant architects. The case does
not refer to the maximum length of time architects from
other Member States may work in Spain as this restriction
was deleted from national legislation,

— a case against France concerning the recognition of
diplomas of psychiatric nursing obtained in other Member
States under Articles 48, 52 and 59 of the EC Treaty. The
French legislation concerning recognition of such diplomas
which are not covered under the sectoral directive lays
down, in the Commission’s view, a procedure which is not
in line with Community law.

N a t i o n a l i m p l e m e n t i n g m e a s u r e s

The Commission has terminated the proceedings initiated
under Article 169 of the Treaty against Greece concerning
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, after
receiving the transposal measures from the Greek authorities.

The proceedings initiated against several Member States with
regard to Directive 94/38/EC amending Directive 92/51/EEC
with respect to the level of certain qualifications have all been
terminated.

(7) [1994] ECR I-923.

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I n c o r r e c t
c a t i o n o f d i r e c t i v e s

t r a n s p o s a l a n d i n c o r r e c t a p p l i -

and 92/51/EEC (general system for the recognition of dip-
lomas) and committees of high-level officials (on public health,
for example).

In 1997 the Commission received around 50 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 transposal or
incorrect application of directives. Examples include the case
against Spain concerning the duration of the training of nurses
responsible for general care, which are at the reasoned opinion
stage, and the case against Italy, also at the reasoned opinion
stage, concerning the provision of services by lawyers and the
establishment of legal practices; the restriction on opening a
legal practice provided for in the Italian legislation transposing
Council Directive 77/249/EEC (freedom of lawyers to provide
services) is contrary to the Court of Justice’s judgment in Case
C-55/94 Gebhard (1), and the transposal of Directive 89/48/EEC
is
(first general system for the recognition of diplomas)
incomplete as far as the legal profession is concerned. The
Commission has also brought cases against Italy before the
Court of
for
dentists wishing to practise in Italy (contrary to Articles
48 and 52 of the Treaty) and the incorrect transposal of
Directives 78/686/EEC and 78/687/EEC,
in particular the
duplication of procedures for gaining access to the profession.

Justice concerning a residence requirement

With respect to the case against Spain concerning the con-
ditions of recognition of diplomas obtained in Latin America,
the Commission decided to suspend the proceedings initiated
in 1996 as a result of positive developments. The Spanish
authorities signalled progress in the renegotiation of clauses
in international agreements concerning the recognition of
diplomas. Furthermore, a recent judgment given by the Spanish
Supreme Court recognised as legally valid the checks carried
out by the Spanish Government in relation to training obtained
in a non-member country and the examination which is
required for the recognition of qualifications where training is
found to be insufficient.

2.1.2.5.

Independent commercial agents

to

correctly

On 13 July 1998, the Commission sent Italy a reasoned
opinion under Article 169 of the Treaty for failing to take the
transpose Direct-
necessary measures
ive 86/653/EEC on independent commercial agents.
Italy
transposed the Directive in 1991, but omitted to transpose
several provisions concerning the conditions under which an
agent is entitled to a payment at the end of his contract, to
receive a written copy of his contract and to a commission on
operations concluded as a result of his intervention after the
end of
the
Commission decided to refer the case to the Court of Justice.

the agency contract. On 2 December 1998,

The Commission also sent an Article 169 letter to the United
Kingdom for incorrect transposal of Directive 86/653/EEC.
The Directive had been partially transposed in 1993 by the
Commercial Agents Regulations (SI No 3053 and SI No 483).
However, these did not apply to agency contracts where the
agent conducted his activities in a Member State other than
the United Kingdom and the parties concerned had not chosen
the law of another Member State as the law applying to their
contract. For example, if an agency contract were concluded
by an English principal and a French agent and they decided
that the contract would be governed by English law, UK
legislation transposing the Directive would not apply and the
contract would be governed by pre-existing ordinary law.
Consequently, the French agent would not be entitled to
compensation after the end of his contract as stipulated by the
Directive, which is contrary to its objectives. On 19 November
1998, the United Kingdom amended its legislation in line with
the Commission’s comments and the case has been closed.

2.1.3. Free movement of goods

D i a l o g u e w i t h n a t i o n a l a u t h o r i t i e s

2.1.3.1. Articles 30 et seq. of the EC Treaty

As a means of consolidating administrative cooperation and
resolving problems quickly, in 1998 the Commission main-
tained regular contacts with the national authorities through
the group of coordinators for Council Directives 89/48/EEC

(1) Judgment given on 30 November 1995, [1995] ECR I-4165.

The single market cannot function properly unless the prin-
ciple of free movement of goods is respected, so the Com-
mission pays particular attention to ensuring that Articles 30
to 36 of the EC Treaty are correctly implemented. The volume
of cases challenging state measures likely to create obstacles to
trade remains significant, although statistics show that this
volume has remained unchanged over the last three years. In
1998, the Commission received 132 new complaints. At
31 December 1998,
cases
pending.

there were 323 infringement

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With regard to these figures, it should be noted that litigation
surrounding the free movement of goods is evolving. Articles
30 et seq. are more than ever being called on to play the role
of a safeguard instrument. Community secondary legislation
has reached a highly developed stage and provides single or
harmonised rules to avoid a broad range of barriers to trade.
However, it is not supposed to replace national law. For one
thing, the subsidiarity principle requires Community action to
be confined to what it is strictly necessary to do at Community
level, i.e. provide legal solutions to problems which extend
beyond national limits. For another, even in the most highly
regulated industries at Community level
there are often
aspects affecting products, their presentation, or the activity of
businesses in that industry which create problems between
different Member States and which must be dealt with on the
basis of the Treaty’s general rules on the free movement of
goods. The preparation of this type of case is increasingly
complex from the legal point of view, because it involves
determining the extent of the obligations incumbent on the
Member States deriving from a multitude of legislative and
regulatory sources, both primary and secondary legislation.
The cases are also more complex from a technical point of
view than they were previously. While Community secondary
legislation and the Commission’s action on the basis of Article
30 of the Treaty have gradually introduced the principle of
free movement into national laws and national administrative
practices, this means that cases of barriers with which oper-
ators are faced relate less and less to a Member State’s
acceptance of the principle of mutual recognition, say, but
more to the actual way in which the principle is applied in
specific cases where certain products are not accepted in the
Member State of destination. For the Commission, this involves
often in-depth technical analyses of these products, their health
or safety implications, and a corresponding analysis of the
national rules which prevent them being accepted.

The technical and legal complexity of the cases means that the
Commission is continuing to emphasise methods of solving
these problems that are based on close collaboration with the
national authorities. Meaningful dialogue allows the two sides
to reconcile the various interests at stake as much as possible,
balancing the legitimate concerns of the Member States in
protecting public health and safety with the requirement to
ensure uniform and effective application of Community rules.
In this spirit, the Community is focusing on package meetings
as a framework where an open,
informal discussion can
achieve rapid solutions to the barriers exposed by operators.
In 1998, these meetings took place with all the Member States
except Luxembourg.
In general, the success rate of these
meetings is high: of all the cases examined, more than 50 %
have been settled, either during the meeting or by the adoption
of a measure by the Member State following a commitment

made during the meeting. Disputed cases represent on average
only just over 10 % of the cases discussed.

The effectiveness of the package meetings reflects the interest
that the Member States have in this instrument. It was the
Member States that asked the Commission to pick up its
initiative, launched in 1997, of bringing together once a year
the chairmen of the national delegations participating in the
package meetings. This meeting, which took place for the
second time in February 1998, led to the consolidation of an
informal network between the Commission departments and
the national chairmen, and between the latter, the effectiveness
of which in finding rapid, flexible solutions to complaints
relating to isolated, specific cases has been proved. The national
officials concerned are sometimes also involved in the running
of ‘compliance units’, which could be defined as units in
national administrations whose role is to monitor complaints
made by operators in the country in question which encounter
difficulties in other Member States. These units turn to the
Commission when the networks for administrative collabor-
ation are not sufficient for them to resolve the problems raised.
They have developed a flexible, informal interface with the
Commission departments. To date, units of this kind have
been set up in Denmark, the United Kingdom, France and
Spain.

Prime among the industries in which Commission activity was
most called for in 1998 is the motor industry. European Union
nationals who leave a Member State in order to set up in
another continue to encounter difficulties in registering their
vehicles in the destination country, in spite of the existence of
clear guidelines stipulating the formalities accepted under the
provisions of the EC Treaty on the free movement of goods.
Although their number is decreasing as a result of
the
Commission’s interventions in this field over many years, these
complaints still represent around 20 % of all the complaints
received by the Commission concerning barriers to trade in
goods. In 1998, the Commission managed to resolve problems
encountered in France, Portugal and Germany. The competent
national authorities have now simplified the procedure for
registering cars and motorcycles imported by individuals,
for example by reducing the time needed to complete the
formalities.

Other sectors in which the Commission frequently receives
complaints from operators concern the marketing of food
supplements, as well as food products enriched with vitamins
and nutrients. The relationship between trade and the environ-
ment also affects European businesses. The Commission has
had to investigate certain national arrangements for waste
processing, particularly of packaging, and certain systems
imposing ‘eco-taxes’. Parallel imports of pesticides, the criteria
for setting the prices of pharmaceutical specialities, the sales
description of chocolate products and the marketing of objects
in precious metals are other fields where intervention by
the Commission continues to be called for by Community
operators.

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As far as Court of Justice case-law is concerned, there have
been two key judgments in the field in question. Starting with
the most recent, the Court vindicated the Commission when it
attacked France for having omitted, in its legislation on foie
gras and preparations with foie gras as a base, to include a
clause of mutual recognition allowing products of this kind
that had been lawfully manufactured and/or marketed in other
Member States to be accepted. The Court confirmed that the
Member States are bound to incorporate such clauses in their
legislation each time they subject the marketing of a certain
product to precise rules on its composition or other conditions
which that product must fulfil (Case C-184/96 (1)Commission v
French Republic, judgment given on 22 October 1998). This
formalises the Commission’s established practice of requiring
Member States (notably under the notification procedures
introduced by European Parliament and Council Directive
98/34/EC (see the following heading)) to insert this type of
clause into their national legislation in order to avoid creating
technical barriers to trade.

The other judgment by the Court whose importance should
not be underestimated is that given on 9 December 1997 in
Case C-265/95 Commission v French Republic (2). Here too, the
Court vindicated the Commission when it accused France of
infringing Article 30 of the Treaty by not having taken all the
necessary and proportionate measures to prevent individuals
from creating barriers to the free movement of fruit and
vegetables from Spain. In this judgment, the Court established
the principle whereby a Member State is bound to contribute
actively to safeguarding the principle of the free movement of
goods, even against actions by individuals, failing which it may
be held to have failed to fulfil its obligations under the Treaty.

This judgment also confirms the validity of the initiative
taken by the Commission in response to the request of the
Amsterdam European Council of 16 and 17 June 1997 that
an appropriate instrument should be proposed so that the
Community can react rapidly and effectively to serious attacks
on the principle of the free movement of goods. The proposal
for a Council regulation creating a mechanism whereby the
Commission can intervene in order to remove certain obstacles
to trade (3) was given the Council’s political agreement on
18 May 1998 and a favourable opinion by the European
Parliament on 5 November 1998.
It was adopted by the
Council on 7 December 1998 (4). The Commission welcomes
the speed at which all
the institutions followed up the
European Council’s call for an instrument to be produced that
could meet the expectations both of the various national
administrations and of economic operators.

(1) [1998] ECR I-6917.
(2) [1997] ECR I-6959.
(3) COM(1997) 619, 18.11.1997.
(4) Council Regulation (EC) No 2679/98, (OJ L 337, 12.12.1998,

p. 8).

Finally, the Commission welcomes the gradual start-up of the
transparency instrument introduced by Parliament and Council
Decision No 3052/95/EC, pursuant to which the Member
States are bound to notify the Commission of the national
measures constituting exceptions to the principle of the free
movement of goods. During 1998, 68 national measures were
notified, most of them on marketing food supplements.

2.1.3.2. Preventive rules provided for by Directive 98/34/EC (5)

(formerly 83/189/EEC)

The notification procedure introduced by Directive 98/34/EC
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 regulations issued to comply with Community
provisions.

In 1998, the Commission received 604 drafts of technical
regulations which were scrutinised by the relevant depart-
ments. This compares with 523 (6) for 1996 and 900 (7) for
1997. These figures show that, in spite of the completion of
the internal market, the Member States continue to adopt a
great many technical regulations, which could undermine the
single market and the integrity of the benefits it has brought
to all sectors of the economy.

Of the 604 drafts received by the Commission in 1998, 60 (8)
required a detailed opinion recommending changes to the
measure to eliminate infringements of secondary Community
legislation or to debar the establishment of new barriers to

(5) Directive 98/34/EC of the European Parliament and of the Council
of 22 June 1998 laying down a procedure for the provision of
information in the field of technical standards and regulations
(OJ L 204, 21.7.1998, p. 37; this Directive consolidates and
repeals Directive 83/189/EEC and its subsequent amendments),
amended by Parliament and Council Directive 98/48/EC which
extends the information procedure to the rules on information
society services (OJ L 217, 5.8.1998, p. 18).

(6) Statistics on the regulations notified in 1996 are published in OJ

C 311, 11.10.1997.

(7) Statistics on the regulations notified in 1997 are published in OJ
C 281, 10.9.1998. It should be pointed out that the high number
of drafts received in 1997 (900 drafts) was due to the fact that the
Netherlands authorities had launched a catch-up operation in the
course of which they informed the Commission of 230 texts
which they had adopted without going through the notification
procedure.

(8) Figure for notifications with a deadline before 1 March 1999. The
time limit for issuing detailed opinions on draft regulations
reported in 1998 ends on 31 March 1999.

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trade. The Member States, for their part, issued 99 (1) reasoned
opinions. In one (1) case, measures have been postponed for
one year as a draft directive or regulation on the field in
question is already before the Council.

A further 10 or so complaints were lodged. Quite a few of
these cases were settled following correspondence between the
Commission’s departments and the national authorities.

Since 1989 the Commission has been monitoring compliance
with the notification requirement by routinely scrutinising the
official gazettes of all the Member States. When it discovers a
breach of Directive 98/34/EC, it starts a dialogue with the
Member State concerned in order to rectify the situation, or
even commences infringement proceedings under Article 169
of the EC Treaty. At the end of 1998, preparatory work was
under way on around 30 procedures of this type.

2.1.3.3.2. P h a r m a c e u t i c a l p r o d u c t s

During 1998, almost all the implementing measures which
remained to be sent were reported to the Commission. At the
end of October 1998, 13 out of 15 Member States had
transposed all the directives applicable in the pharmaceutical
products sector. Only France and Belgium have yet to complete
transposal. Following infringement proceedings initiated by
the Commission, the European Court of Justice gave judgment
in the following outstanding non-transposal cases in 1998:

Furthermore, on 16 June 1998, the Court of Justice clarified,
as part of a preliminary ruling, the scope of the principle of
non-applicability of the technical rules adopted in breach of
Directive 98/34/EC which it established in its CIA-Securitel
ruling of 30 April 1996 (see Case C-226/97 Lemmens).

— 12 February 1998 in Case C-144/97: failure by France to

transpose Directive 92/74/EEC

— 12 March 1998 in Case C-163/97: failure by Belgium to

transpose Directive 92/74/EEC

2.1.3.3. Harmonised legislation

Questions on agricultural products are dealt with in point
2.13.2.

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

In general, the Member States have adopted national measures
implementing the directives on foodstuffs, but not always
strictly within the time limits laid down by the directives.

A considerable number of
implementing measures were
notified to the Commission in 1998. 89 infringement cases
for failure to report measures were closed before the end of
the year. During 1998, the Commission sent Article 169
letters in 32 cases. 15 reasoned opinions were sent and the
Commission referred two cases to the Court of Justice.

In response to the failure to implement directives and regu-
lations on foodstuffs properly, the Commission decided to
send two Article 169 letters and closed two cases on which
reasoned opinions had been issued.

(1) Figure for notifications with a deadline before 1 March 1999. The
time limit for issuing detailed opinions on draft regulations
reported in 1998 ends on 31 March 1999.

— 15 October 1998 in Case C-283/97: failure by Belgium to

transpose Directive 92/73/EEC

— 15 October 1998 in Case C-284/97: failure by France to

transpose Directive 93/40/EEC

Certain general problems also remain concerning the inter-
pretation and application of the pharmaceutical directives by
Member States. These cases concern mainly the different
interpretations given by Member States to the term ‘medicinal
product’ (sometimes resulting in barriers to the free movement
of goods) and complaints concerning the alleged failure by the
competent national authorities to observe the provisions of
the transparency Directive (89/105/EEC). The transposal of
Article 4(8)(a)(i) to (iii) of Directive 65/65/EEC by Member
States and the management of the re-authorisation of ‘old’
medicinal products are also the subject of current infringement
proceedings.

The Commission is carefully considering these problems and
complaints. It has to be stressed that a draft consolidation of
the pharmaceutical legislation (both human and veterinary) is
already very advanced and that this consolidation will increase
the clarity of the legislation and ultimately the effectiveness of
its implementation. It is to be hoped that the Commission
communication on the Community marketing authorisation
procedures for medicinal products (98/C 229/03), which was
published on 22 July 1998 and aims to clarify the centralised
mutual recognition procedures, will have the same effect.

2.1.3.3.3. C h e m i c a l s

The last directives in the chemistry sector, on restrictions on
the marketing of certain dangerous substances and pre-
parations and fertilisers, have been transposed into national
law by most of the Member States, often after infringement
proceedings were opened.

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19 reasoned opinions were sent to various Member States
for failure to notify the transposal of Directives 96/55/EC,
97/10/EC, 97/16/EC and 97/64/EC, relating to restrictions on
the marketing and use of certain dangerous substances, and
Directive 96/65/EC, relating to the classification, packaging
and labelling of dangerous preparations,
and Direct-
ive 97/63/EC on fertilisers. There were many infringement
proceedings in relation to Directive 97/63/EC on fertilisers,
but only four remain open at the end of 1998.

Directive 97/56/EC, amending for the 16th time Direct-
ive 76/769/EEC on restrictions on the marketing and use of
certain dangerous substances and preparations, reached its
transposal deadline at the end of the year, but has been
transposed by only two Member States. However, Directive
98/3/EC on fertilisers, which is in the same situation, has been
transposed by seven Member States.

More generally, at the end of 1998, 51 implementing measures
for eight directives are still missing. The implementing
measures normally comply with the Directives transposed.

2.1.3.3.4. M o t o r v e h i c l e s , t r a c t o r s a n d m o t o r -

c y c l e s

On 1 January 1996 the Community type-approval procedure
became mandatory for vehicles of category M1. The separate
directives became binding as a result.

The adoption on 14 July 1997 of Directive 97/24/EC on
certain components and characteristics of two or three-wheel
motor vehicles completed the Community type-approval pro-
cedure for motor scooters, motorcycles and tricycles. The
transposal of this Directive was planned for 18 December
1998 at the latest. After that date, type-approval of whole
vehicles is possible on an optional basis for a period of six
months, and will become obligatory from 17 June 1999.

The rate of effective transposal is extremely high and there
have been few delays. In the relatively rare cases where there is
a delay, opening infringement proceedings is normally suf-
ficient to ensure rapid transposal. However, for certain direct-
ives transposal was incomplete at the end of 1998. Seven
Member States had not transposed Directive 97/24/EC on
certain components and characteristics of two or three-wheel
motor vehicles, for instance, while six Member States still had
to transpose Directive 98/14/EC on the type-approval of
motor vehicles and their trailers, and Directive 97/54/EC on
the maximum design speed of wheeled agricultural or forestry
tractors. Directives 98/77/EC (measures to be taken against air
pollution by emissions from motor vehicles) and 98/90/EC
(doors of motor vehicles and their trailers), which should have
been transposed by 31 December 1998, had been transposed
by only one Member State by then.

2.1.3.3.5. C o n s t r u c t i o n p r o d u c t s

Following the Court of Justice’s ruling against Belgium (judg-
ment of 18 December 1997), the text of the royal decree
transposing Directive 89/106/EEC was notified to the Com-
mission on 26 August 1998.

As far as the transposal of Directive 89/106/EEC by Austria is
concerned,
infringement proceedings were opened because
certain provisions of the Austrian legislation did not comply
with the Directive.

As part of a current infringement proceeding against Greece
on checks on the quality of certain imported steels, a reasoned
opinion was
on
4 December 1998.

the Greek

authorities

sent

to

2.1.3.3.6. C a p i t a l g o o d s

(mechanical engineering, electronics, personal protection equipment, gas
equipment, pre-packaging, measuring equipment, medical devices and
pleasure craft)

particularly

In 1998, considerable progress has been made on transposing
the directives in these sectors. Thus, most of the directives
which had a time limit for transposal of 31 December 1998,
88/378/EEC,
and
89/336/EEC, 89/392/EEC, 89/686/EEC, 90/385/EEC and
90/396/EEC, which were mentioned in the Fifteenth annual
report (1997), have been transposed into national law in all
Member States. However, problems remain for four directives
which will be examined below.

Directives 73/23/EEC,

As regards cases of incomplete implementation of the direc-
tives or where national law conflicts with the directives, there
has also been considerable progress. Difficulties do, however,
remain,
regards Directives 89/392/EEC
(machines), 89/686/EEC (personal protection equipment) and
90/396/EEC (gas equipment), where about two thirds of the
difficulties are concentrated.

particularly

as

78 infringement cases were dealt with in 1998, of which 24
were registered in 1998. At the end of 1998, 37 remain,
including nine cases of failure to notify and 28 other cases.

In total, in 1998, nine reasoned opinions were sent and one
case was referred to the Court of Justice.

For the cases of failure to notify, the situation is as follows.

Council Directive 93/42/EEC concerning medical devices has
not yet been transposed by Belgium.

A reasoned opinion has been sent to Belgium regarding
Parliament and Council Directive 94/9/EC concerning equip-
ment and protective systems intended for use in potentially
explosive atmospheres.
Ireland’s failure to transpose this
directive has also been referred to the Court of Justice.

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A reasoned opinion has been sent
Italy and
Luxembourg concerning Parliament and Council Directive
95/16/EC on lifts.

to France,

Finally, as regards Commission Directive 97/53/EC on elec-
trical equipment for use in potentially explosive atmospheres,
a reasoned opinion has been sent to Greece, Luxembourg and
Portugal. The transition period provided for by this Directive
ended on 16 June 1998.

As far as pleasure craft are concerned, at the beginning of
1998 three Member States had not yet transposed Directive
94/25/EC: Belgium, Spain and Ireland. Finland’s transposal
was only partial, as it was not implemented by the Åland
Islands.

In this context, all the Article 169 proceedings under way
against Spain, Ireland and Belgium were closed, as was that
against Finland following notification by these Member States
of the national implementing measures concerned.

2.1.3.3.7. C o s m e t i c s

During 1998,
the Commission established that progress
had been made in implementing Community legislation on
cosmetics.

As far as failure to notify national measures implementing
Community directives is concerned, the Commission has been
able to close numerous infringement proceedings against
Member States. However, the Commission deplores the fact
that each of the directives adopted by the Commission since
1995 adapting Council Directive 76/768/EEC to technical
progress, as well as the directives on methods of analysis
necessary for checking the composition of cosmetic products,
currently remain unimplemented by at least one Member State
of the Community. It should be pointed out in this context
that Directive 97/18/EC (postponing the date from which
animal experiments are banned for ingredients or combi-
nations of ingredients) should have been transposed into
national law by 31 December 1997 at the latest, in order to
provide economic operators with some certainty in the law,
whether or not such tests are carried out in the Member States.
The fact that the Commission intends shortly to submit to the
Council and Parliament a proposal for a directive concerning
the banning of trials on animals to test finished cosmetic
products and their ingredients does not release the Member
States from their obligations. Furthermore,
in view of the
technical nature of the annexes, the Commission points out
the need for each national implementing measure to clearly
mention the Directive that it is intended to transpose.

As for Council Directive 93/35/EEC amending for the sixth
time Council Directive 76/768/EEC, the Commission’s action
has been partly recompensed in 1998, since this text has since
been transposed in all the Member States, albeit to varying
degrees.

Cases of infringement other than those for failure to notify
national implementing measures are being scrutinised very
thoroughly by the Commission, and the dialogue which is
taking place between it and the national authorities is leading
to satisfactory solutions both for the cosmetics industry and
for the competent authorities.

2.1.3.3.8. T e x t i l e s a n d s h o e s

Directive 97/37/EC adapting to technical progress Annexes I
and II to Directive 96/74/EC of the European Parliament and
of the Council on textile names reached its deadline on
1 June 1998. A number of national implementing measures
relating to this directive were recorded this year. Only Italy,
Belgium and Luxembourg have not transposed this directive,
and infringement proceedings are under way against these
three Member States.

As regards Directive 94/11/EC of the European Parliament and
of the Council, of 23 March 1994, on the approximation of
the laws, regulations and administrative provisions of the
Member States relating to labelling of the materials used in the
main components of footwear for sale to the consumer,
infringement proceedings have been opened against Luxem-
bourg for failure to notify national implementing measures.

2.1.3.3.9. L i a b i l i t y f o r d e f e c t i v e p r o d u c t s

By adopting Act No 389-98 of 19 May on liability for defective
products (1), France finally transposed Council Directive
85/374/EEC. The Commission had decided on 31 March 1998
to refer the case to the Court of Justice under Article 171 of
the Treaty, in the absence of an implementing text. It was the
financial
first
penalties should be imposed on France under this provision
(ECU 158 250 per day) (2).

the Commission had asked that

time that

2.1.3.4. Special arrangements relating to freedom of movement

Cultural goods

On 24 June 1998, the Commission decided to send reasoned
opinions to five Member States for failure to notify national
measures transposing Directive 96/100/EC of the European
the Council amending the Annex to
Parliament and of
Directive 93/7/EEC on the return of cultural objects unlawfully
removed from the territory of a Member State. Following
the notification of implementing measures, the Commission
decided in December 1998 to close the proceedings concerned
for four countries. The Commission is continuing the proceed-
ings against France.

As regards Cases C-413/97 (Germany) and C-415/97 (Italy)
opened for failure to notify measures transposing the principal
directive, Council Directive 93/7/EEC, the Commission with-
drew proceedings following notification of
the measures
during this year.

(1) Official Journal of the French Republic, 21 May 1998.
(2) IP/98/311 of 1 April.

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Explosives

As regards Council Directive 93/15/EEC of 5 April 1993 on
the harmonisation of the provisions relating to the placing on
the market and supervision of explosives for civil uses, the
implementing measures basically comply with the directives
transposed, with the exception of two cases of infringement
for incomplete transposal.

2.1.3.5. Customs Union

The European Community’s customs activity is developing
around several functions, the main one of which consists of
devising,
implementing and managing the customs instru-
ments needed for the application of the European Com-
munity’s common policies (commercial policy, agricultural
policy, environment, public health, etc.) for the purposes of
controlling its external frontiers and guaranteeing the security
of European citizens and fair trading for businesses and in the
internal market and economic and monetary union.

Checking the correct implementation of Community pro-
visions, of course, remains an essential element of the Com-
in response to this
mission’s activity in this sector. Thus,
activity, Italy adapted its legislation to the Community customs
code in order to comply with the rules governing direct
or indirect representation in the performance of customs
operations.

It should also be pointed out that Germany complied with
the Court of Justice ruling of 10 September 1996 in Case
C-61/94 (1) on the import of dairy products under the inward-
processing arrangements. The Commission had argued that
these imports could not be authorised, since the customs value
was less than the minimum prices set in accordance with the
International Dairy Arrangement, approved by the Com-
mission by Council Decision 80/271/EEC of 10 December
1979 concerning the conclusion of the Multilateral Agree-
ments resulting from the 1973 to 1979 trade negotiations (2),
and by Council Regulation (EEC) No 1999/85 (3) of
16 July 1985 on inward-processing relief arrangements.

2.1.4. Free movement of services and right of establish-

ment

2.1.4.1. Articles 52 et seq. and Articles 59 et seq.

In the area of f r e e d o m o f e s t a b l i s h m e n t the Com-
mission referred two Belgian Acts of 1919 and 1921 on
non-profit-making organisations to the Court of
Justice
because they contain provisions contrary to the general
principle of non-discrimination on grounds of nationality.

In another case involving a nationality requirement,
the
Commission sent a reasoned opinion to the French authorities

(1) [1996] ECR I-3989.
(2) OJ L 71, 17.3.1980, p. 1.
(3) OJ L 188, 20.7.1985, p. 1.

on the conditions imposed on companies manufacturing and
selling arms that might be used by private organisations or
individuals.

In the area of f r e e d o m t o p r o v i d e s e r v i c e s , Dutch
law on the registration of certificates requires those who are
not domiciled in the Netherlands to provide an address for
service there with an official agent. As this requirement is
contrary to the principle set out in Article 59, the Commission
sent the Dutch authorities a reasoned opinion.

A reasoned opinion was also sent to the Italian authorities
because an Act establishing lists of licences for forwarding
agents required the registration of all natural and legal persons
engaged in this activity on a specific list kept by the local
chamber of commerce. This registration requirement interferes
with the exercise of this activity by economic operators who
are not based in Italy but wish to carry out incidental work
there pursuant to Article 59.

The rules on taking aerial photographs as part of a service
provided in Portugal state that foreign companies and individ-
uals will be authorised only in duly justified cases. Such
discrimination on the basis of nationality, which cannot be
justified on grounds of public safety, has also resulted in a
reasoned opinion being sent to the Portuguese authorities.

In France, an order on the regulation of gas production and
storage equipment states that checks on such equipment under
pressure may be carried out outside France only in exceptional
circumstances, which puts at a disadvantage companies not
based in France that might wish to offer their services there. A
reasoned opinion has therefore been sent
to the French
authorities.

Secondments of employees in the Member States exercising
their freedom to provide services encounter many difficulties.
Reasoned opinions have been sent to the Belgian authorities,
for example, regarding the requirement that foreign service
providers contribute to a special welfare fund, the Fonds de
sécurité d’existence in the metal production industry, the liability
for payment of loyalty stamps and bad weather payments in
the construction industry, and the obligation to pay bed and
board allowances, also in the construction industry. The
Commission also referred to the Court of Justice an Austrian
regulation making clients of foreign service providers jointly
liable for the payment of the salaries of seconded employees, a
condition that does not apply to companies based in Austria.
Finally, the Commission decided to send a reasoned opinion
to the German authorities regarding the discriminatory con-
ditions imposed on foreign companies in the building industry
seeking to provide services jointly with other companies as
part of an association created specifically for the performance
of the service (working group).

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There is a particular problem with the secondment of nationals
of non-Member States as regards conditions for visas, residence
and work permits. The Commission has sent reasoned opin-
ions to the Belgian and German authorities on this matter.

Complaints and infringements

Certain infringements reveal problems as regards both freedom
to provide services and freedom of establishment. Italian state
and regional regulations on fairs and exhibitions, for example,
give rise to serious problems because they confine the organis-
ation of such events to bodies meeting certain requirements
regarding legal status, composition and origin. A reasoned
opinion has therefore been sent to the Italian authorities.

In the case of private security services the position adopted by
the Commission in the case of infringement proceedings was
upheld by the Court of Justice. This sector cannot as such be
restricted by discriminatory conditions based on nationality or
place of establishment, for example for reasons of public
safety. The fundamental freedoms of the internal market, such
as the freedom of establishment, freedom to provide services
and the free movement of workers, apply in full
(Case
C-114/97 Commission v Kingdom of Spain (1)). The Commission
has instituted proceedings against Belgium in the European
Court for the same reason and has decided to take similar steps
against Italy.

EU citizens who are not resident in Spain are required to use
the services of a Spanish notary when purchasing real estate
located on Spanish territory, even if the deed has already been
signed in the presence of a foreign notary. The intervention of
the Spanish notary is not concerned with the purchase deed
and merely involves a fiscal check on the deed already signed
by the parties concerned. The Commission took the view that
this regulation violated the right of establishment, freedom to
provide services, and the free movement of capital and workers
and decided to refer the matter to the Court of Justice.

2.1.4.2. Financial services

In 1998 the Commission, acting on complaints, started two
new infringement proceedings for breaches of Articles 52 and
59 of the EC Treaty and the banking directives. The first
involved apparent discrimination on grounds of nationality in
the refunding of tax credits to banks established in Italy. An
Article 169 letter was sent to Italy enquiring about the criteria
used to draw up the list on the basis of which part of
the credits were refunded. The second case concerns the
requirement that architects in Luxembourg lodge a security
with a Luxembourg bank. The case is currently being examined.

In 1998 the Commission launched two new infringement
proceedings under Article 169 for breaches of Articles 52 and
59 of the EC Treaty and the directives in the i n s u r a n c e
sector. Both cases arose from complaints. One of the proceed-
ings launched before 1998 was dropped because the Member
State in question complied with Community law.

Many of the infringement proceedings reached the stage of
reasoned opinion or referral to the Court of Justice in 1998. In
the insurance sector the increase in the number of cases of
non-compliance or incorrect application may be explained by
prolonged infringements on the part of certain Member States.
Where dialogue with the national authorities has failed to
produce a solution and serious problems of the application of
Community law are involved, there is no alternative but to
submit the case to the Court of Justice.

In the s e c u r i t i e s s e c t o r the Commission started two
new infringement proceedings
Italy
(Articles 59 and 73b) and France (Articles 52, 59 and 73b), on
the basis of a complaint. It agreed that the Italian and French
legislation discriminated between the domestic market and
that of other EU countries and between domestic service
providers and those from other Member States.

in 1998 against

Dialogue with the national authorities

Treaty

In an effort to consolidate administrative cooperation and find
rapid solutions to the problems encountered, the Commission
maintains regular contacts with the national authorities in
1998, through institutional committees (Banking Advisory
Committee, Insurance Committee, the UCITS (Undertakings
for collective investment in transferable securities) Contact
Committee), ad hoc interpretation groups (the banking direct-
ives group, the insurance group and the capital adequacy
directive group, etc.) and high-level working parties (HLSSC —
High-Level Security Supervisors Committee for negotiable
securities).

(1) Judgment given on 29 October 1998, [1998] ECR I-6717.

The infringement case against Greece in the b a n k i n g
s e c t o r , relating to the law on subsidies for leased equipment,
has been dropped. Greek legislation stated that only equipment
leased via a company based in Greece was eligible for state
subsidies. The legislation has now been extended to all
Community leasing companies.

In the i n s u r a n c e sector, the Commission sent a reasoned
opinion to Spain in 1998 because Spanish legislation did not
comply with the EU Treaty rules on freedom to provide
services (Article 59). The Spanish authorities insist that prior
authorisation to practise on Spanish territory must be obtained

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not only by professionals wishing to establish themselves
permanently in Spain but also by those wishing to perform
services for a limited period. The Court of Justice has consist-
ently ruled, however, that this requirement is in breach of
Article 59 of the Treaty, because service providers may not be
subject to the same conditions required in the case of freedom
of establishment. Such a requirement, moreover, cannot be
justified on considerations of general interest, such as con-
sumer protection on the Spanish market, as it is neither
necessary nor proportional in terms of the objective pursued.

National implementing measures

F a i l u r e t o n o t i f y m e a s u r e s

In the banking sector the infringement proceedings against the
United Kingdom for failure to transpose several banking
directives for the territory of Gibraltar were dropped. The
directives in question were Directive 89/117/EEC on the
accounts of branches of
institutions, Directive
86/635/EEC on the annual accounts of banks, Directive
93/6/EEC on the capital adequacy of investment firms and
credit institutions, Directive 94/19/EC on deposit-guarantee
schemes and Directive 96/10/EC on the recognition of contrac-
tual netting. The United Kingdom has now notified all the laws
and regulations implementing these Directives for Gibraltar.

credit

All the reasoned opinions for failure to transpose Directive
95/26/EC (post-BCCI) have been sent to Germany, Spain, Italy,
Luxembourg, Belgium, Ireland, France and Greece. On the
basis of the replies received to date, the Commission has
decided to drop the cases against Greece and the United
Kingdom (for failure to transpose the Directive for Gibraltar),
as both Member States have now notified the legislation
implementing this Directive. France, Spain and Luxembourg
have been unable to produce a clear schedule for transposal of
the Directive, with the result that the Commission has decided
to refer them to the Court of Justice for failure to notify
implementing measures.

As Germany has now transposed Directive 94/19/EC on
deposit-guarantee schemes and Directive 93/6/EEC on the
capital adequacy of investment firms and credit institutions and
has notified the Commission of its measures, the proceedings
before the Court of Justice have been halted.

In the matter of i n s u r a n c e , the Commission continues to
suspend its decision to refer Spain to the Court of Justice,
taken in 1996, for failure to notify national implementing
measures for Directive 92/96/EEC (third life insurance Direc-
tive); in its judgment in the case relating to Directive 92/49/EEC
(third non-life insurance Directive), given on 18 December
1997 (1), the Court found against Spain for the same breaches
(incomplete transposal) as those cited in the case relating to
Directive 92/96/EEC. However, the Spanish authorities notified

national measures implementing these two Directives in
December 1998. The Commission is currently checking
whether transposal is now complete, in which case it will ask
for the cases to be dropped in 1999.

In the case of Directive 91/674/EEC (annual and consolidated
accounts of insurance undertakings) the 1998 decision to refer
Spain to the Court did not have to be carried out because
national implementing measures were notified. The case has
been dropped. The Court ruled against Spain for incomplete
transposal of Directive 91/371/EEC (concerning an agreement
with Switzerland) in a judgment of 18 December 1997 (2). The
case has now been suspended pending official notification of
the transposal measures recently announced by the Spanish
authorities.

Although most Member States have now notified measures
implementing the third life and non-life insurance directives
the transposal and application of these directives has clearly
been problematic. There have been several cases of incomplete
or incorrect transposal.

In the area of s e c u r i t i e s , the Commission sent a reasoned
opinion to the United Kingdom for failure to transpose
Directives 85/611/EEC, 89/298/EEC and 89/592/EEC for
Gibraltar. The United Kingdom notified implementing
measures and the proceedings were terminated.

I n c o r r e c t i m p l e m e n t a t i o n o r a p p l i c a t i o n

in its

sector. More specifically,

In 1998 the Commission sent a reasoned opinion to Germany
incorrect application of Directive 92/49/EEC in the
for
i n s u r a n c e
legislation
implementing the Directive, Germany formally removed the
provision prohibiting the simultaneous transaction of health
insurance by non-German
insurance and other types of
companies wishing to set up branches on German territory or
to operate as service providers there, in line with the third
non-life insurance directive, which ruled out this possibility.
However, Germany introduced a new provision into its social
security legislation whereby the employee would benefit from
contributions paid by the employer only if the insurance
company did not provide both health insurance and other
classes of insurance simultaneously, irrespective of where it
had its headquarters. This was an indirect violation of Directive
92/49/EEC.

Cases before the Court

In the b a n k i n g s e c t o r
the existence of anonymous
accounts in Austria was deemed to be incompatible with the
obligation to identify customers when they open an account
under Article 3(1) of Directive 91/308/EEC on money laun-
dering. The matter was referred to the Court of Justice, which
has not yet given judgment.

(1) Case C-361/95 [1997] ECR I-7351.

(2) C-360/95 [1997] ECR I-7337.

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As regards applications for a preliminary ruling, the Court has
not yet handed down its judgment in Case C-410/96 Procureur
de la République v André Ambry. Under French law a financial
guarantee that can be called in immediately is required in order
to obtain an administrative licence (to operate as a travel
agent). If the institution providing this guarantee is located in
a Member State other than France it must have an agreement
with a French bank or insurance company. The Court of
Justice was asked for a ruling on whether this requirement was
compatible with Community law.

also continued its examination of the ongoing infringement
proceedings. It has started discussions with the French auth-
orities on the interpretation of the ‘Evin’
law prohibiting
television advertising of alcoholic drinks in the particular case
of sporting events abroad. A reasoned opinion on this matter
was sent in 1997. The Commission also sent a reasoned
opinion to Germany because its legislation on promotional
gifts and discounts is deemed to be in breach of Article 59 of
the Treaty. The proceedings were started in response to a
complaint by an operator selling goods and services through a
‘Club’ based in another Member State.

Four new i n s u r a n c e cases were referred to the Court of
Justice in 1998. The Commission referred France to the
Court for incomplete transposal of Directives 92/49/EEC and
92/96/EEC, as no measure to adapt the mutual insurance code
to the third non-life and life insurance directives has been
notified to date. France was also referred to the Court for
incorrect application of the third insurance directives because
French regulations require 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 from stipulating provisions requiring the prior
approval or systematic notification of the general and special
conditions of insurance policies.

Belgium was referred to the Court because its legislation on
the supervision of insurance 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 be committing the same breach and received an
Article 169 letter in 1996.

Finally, Spain was referred to the Court because its legislation
implementing Directive 84/5/EEC did not meet the require-
ment of Article 1(4) that the body set up in the Member States
to provide compensation for damage to property or personal
injuries caused by an unidentified vehicle provide a reasoned
reply to the victim regarding the payment of any compen-
sation.

Cases have been brought against Spain and Luxembourg
concerning investment services in the field of s e c u r i t i e s
(Directive 93/22/EEC). However, Spain subsequently notified a
law transposing the Directive in November 1998. Proceedings
against Germany have been dropped.

2.1.4.3. Commercial communications

There is no directive dealing with commercial communications
form the single market perspective. However, the Commission
received three complaints in this field during the year. It

2.1.4.4. The media

The Commission received 10 new complaints in the field of
the media, some of which were dropped in the course of the
year. It also received over 100 complaints about the taxation
of parabolic dishes in one Member State. Among the ongoing
cases, the Commission dropped proceedings against Spain for
its regulations on advertising flights over Spanish territory as
Spain had complied with the Commission’s reasoned opinion.

2.1.5. Free movement of capital

The situation as regards the free movement of capital and
payments in the EU and non-member states is generally
satisfactory. Further progress was made during the year to
remove certain restrictions on the acquisition of real estate in
Austria (Vienna). Although some residual restrictions are still
being discovered steady progress is being made to eliminate
the limited number of complaints from
them. Most of
economic operators concern restrictions on the purchase of
real estate in other EU states. For example, restrictions in the
Tyrol very similar to those applied in Vienna were the subject
of a reasoned opinion, and the Commission decided to refer
Greece to the European Court of Justice for its procedures on
property acquisition.

With a view to facilitating cross-border investment, and
following the Communication on certain legal aspects concern-
ing intra-EU investment (OJ C 220, 19.7.1997, p. 15) and the
circulation of a questionnaire to collect
information on
infringement proceedings were started
national practice,
against several Member States in the light of the principles
defined in the communication. It was decided to send reasoned
in two separate cases, and France.
opinions to Belgium,
Article 169 letters are to be sent
the United
to Ireland,
Kingdom and Spain. In the case of the latter, a reasoned
opinion has also been sent in another case concerning the
specific authorisation procedures for intra-EU investment.

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Other potential cases are under consideration. In the area of
transfers of public assets the Commission has decided to refer
the restrictions applied in Italy to the Court. Restrictions on
foreign investment by pension funds were the subject of
Article 169 letters to Belgium and Finland and an Article 169
letter was sent to France on the subject of the proportionality
of fines for non-declaration of physical transfers. The Com-
mission also decided to refer to the Court of Justice Belgian
restrictions on the purchase by certain categories of residents
of particular government bonds issued abroad.

2.1.6. The business environment

2.1.6.1. Company law

On 29 September the Court of Justice gave judgment on the
action brought by the Commission against Germany for
incorrect application of Council Directives 68/151/EEC (com-
panies register) and 78/660/EEC (annual accounts)(1).

Under these Directives, companies limited by shares must
disclose their annual accounts and Member States must impose
appropriate penalties on companies which fail to give their
annual accounts appropriate publicity. About 90 % of German
private limited companies do not deposit their accounts with
the companies register.

In its judgment, the Court held that the penalties laid down in
German law for such omissions were insufficient to ensure
compliance with the disclosure requirement laid down by the
two Directives. The Court therefore found that Germany had
failed to meet its obligations under these Directives.

failure to notify national

In 1998 the Commission terminated a number of infringement
proceedings for
implementing
measures, including the cases against Luxembourg concerning
transposal of Council Directive 92/101/EEC (amending
Council Directive 77/91/EEC on the capital of public limited
liability companies) and against Finland concerning Council
Directives 78/660/EEC, 83/349/EEC, 90/604/EEC and
90/605/EEC. In all these cases, the Directives in question have
been transposed.

However, the Commission brought a new action before the
Court of Justice against Greece for failure to notify measures
implementing Directive 92/101/EEC.

(1) Case C-191/95, [1998] ECR I-5449.

2.1.6.2.

Intellectual and industrial property

Industrial property

There are currently three Directives in force in the field of
industrial property, Council Directive 89/104/EEC on trade
marks, Parliament and Council Directive 98/44/EC on the legal
protection of biotechnological inventions and Parliament and
Council Directive 98/71/EC on the legal protection of designs.

Under the t r a d e m a r k s Directive, 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 aspects
which have the most direct impact on the functioning of the
internal market. Outside these harmonised fields, the Member
States retain complete freedom to lay down arrangements best
suited to their traditions, particularly as regards procedural
aspects. In principle, the Directive covers only substantive law
on registered trade marks; none of its provisions is aimed at
harmonising procedures.

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

Since the uncoordinated development of national laws on the
legal protection of b i o t e c h n o l o g i c a l
inventions in the
Community could be detrimental to the industrial develop-
ment of such inventions and the smooth operation of the
internal market, Community legislation in this field was seen
as essential. However, it was felt there was no need to create a
separate body of law in place of national patent law, and the
Community framework was confined to laying down certain
principles designed to determine the difference between inven-
tions and discoveries with regard to the patentability of certain
elements of human origin, the scope of protection conferred
by a patent on a biotechnological invention, the right to use a
deposit mechanism in addition to written descriptions and the
option of obtaining non-exclusive compulsory licences in
respect of interdependence between plant varieties and inven-
tions.

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The Member States must
introduce the laws, regulations
and administrative provisions necessary to comply with the
Directive by 30 July 2000.

Reasoned opinions have also been sent to Belgium for failure
to ratify the last Bern Convention (Paris Act of 1971) and the
1961 Rome Convention, to Portugal for failure to ratify the
1961 Rome Convention and to Ireland for failure to ratify the
Bern Convention (Paris Act of 1971).

As is the case with legislation on national trade marks, the
harmonisation of the Member States’ legislation on d e s i g n s
is not complete but confined to aspects which most directly
affect the functioning of the internal market, namely identical
conditions for obtaining a registered design right, a unitary
definition of the notion of design and of the requirements as
to novelty and individual character with which registered
design rights must comply, and equivalent protection in all
Member States. Outside these harmonised fields, the Member
States retain complete freedom to lay down arrangements best
suited to their traditions.

Infringement proceedings against Italy for failure to comply
with Council Directive 93/98/EEC and against the United
Kingdom for
failure to comply with Council Directive
92/100/EEC (lending right) are at the Article 169 letter stage.

Finally, the Commission decided to bring two actions before
the Court against Ireland for failing to notify national measures
implementing Directive 92/100/EEC and Directive 93/83/EEC
(satellite broadcasting and cable retransmission).

The Member States must introduce legislation to comply with
the Directive by 28 October 2001.

2.1.6.3. Data protection

Intellectual property

States

generally

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

adopt

However, the situation has considerably improved, particularly
over the last year. All the Member States except Ireland have
notified national implementing measures for all the directives
applicable on 1 January 1997. However, only nine Member
States have notified measures implementing the Directive on
databases, which fell due for transposal on 1 January 1998.

Parliament and Council Directives 95/46/EC and 97/66/EC on
the protection of data in the telecommunications field entered
into force on 25 October 1998.

Five Member States have notified measures implementing
Directive 95/46/EC. Two of them (Greece and Sweden) have
fully transposed the Directive, while the others (Denmark,
Spain and the United Kingdom) have done so partially.
The national measures are being scrutinised to check that
transposal is correct and complete.

All the Member States which have yet to notify national
implementing measures have been sent an Article 169 letter,
except those which have informed the Commission that the
notification procedure is under way (for example Portugal).

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.

Germany, Italy and Spain have notified transposal of Directive
97/66/EC. For more details, see point 2.10 on telecommuni-
cations.

All
the Member States have now notified their national
measures transposing Council Directives 87/54/EEC (legal
protection of topographies of semiconductors), 91/250/EEC
(legal protection of computer programs) and 93/98/EEC
(harmonisation of the term of protection of copyright and
certain related rights).

Reasoned opinions have been sent to Greece, Ireland, Italy,
Luxembourg, the Netherlands and Portugal for failure to notify
national measures implementing Parliament and Council
Directive 96/9/EC on the legal protection of databases.

2.1.6.4. Public procurement

For the internal market to be fully operational in a key sector
of the European economy such as public procurement, the
relevant Community directives must first be correctly trans-
posed. In 1998 a number of directives in this field had still
not been incorporated into national law. For example, the
commenced infringement proceedings
Commission has
failure to notify national measures
against Greece for
implementing Directives 93/38/EEC (special
sectors) and
92/13/EEC (legal remedies in special sectors).

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An examination of the national measures that have been
notified has led to 30 proceedings for failure to comply with
Community law,
including six which are at least at the
reasoned opinion stage. Some of these cases involve questions
of principle which could undermine the liberalisation of public
contracts awarded in the Member States concerned.

Even where directives have been transposed, steps must be
taken to ensure that the rules are applied in practice. The
Commission therefore continued its monitoring of the appli-
cation of Community law in the procedures for awarding
private contracts, by following up complaints and investigating
and checking cases on its own initiative.

prior publication provided for in Directive 92/50/EEC for the
award of contracts for the maintenance, management and
development of
the
Ragioneria Generale dello Stato and the Italian Court of Auditors.

the integrated computer system of

In a case concerning Belgium, the Court upheld the Com-
mission’s view that a legislative body such as the Vlaamse Raad
must be considered as forming part of the definition of the
state and hence as a contracting authority within the meaning
of Directive 93/37/EEC on public works contracts.

2.1.6.5. Direct taxation

The Commission processed 397 cases, 237 of them being new
cases. It was able to settle 115 cases, mostly as a result of
action by the awarding authorities or their supervisory bodies
to remedy the irregularities. The dialogue and consultation
procedure (package 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.

The Commission is continuing the new, comprehensive
approach to tax policy which it launched in the context of the
Taxation Policy Group chaired by Mr Monti. It hopes that, in
line with the conclusions of the Council (Ecofin) meeting on
1 December 1997, proposals will soon be adopted on the
elimination of withholding taxes on interest and royalty
payments between associated companies and on the taxation
of income from savings.

A few examples are worth citing.

Following intervention by the Commission, the Italian auth-
orities have cancelled a number of contracts which were the
subject of complaints,
including a contract for on-board
catering services on ferries, a concession for the distribution of
drinking water and a contract for clinical engineering services.

In Portugal, the regional authorities in the Azores have sent a
circular to awarding authorities prohibiting them from includ-
ing in their systems for assessing tenders any rules which
bestow an advantage on firms having performed contracts in
that region in the past, as such practices are incompatible with
Community law.

Germany recently amended the Federal Law against restraints
of competition to take account of objections expressed by the
Commission in a reasoned opinion concerning remedies in the
public procurement field. The new German legislation, which
enters into force on 1 January 1999, will ensure that effective
scrutiny procedures are available to anyone who has an interest
in obtaining a particular public contract and has been or is in
danger of being the victim of a suspected infringement.

Other cases will have to be or have already been referred to
the Court of Justice.

As outlined in previous reports, the lack of progress in
harmonising direct taxation means that many obstacles persist
in this field, but only very few can be classified as infringements
of Community law. Most disputes are settled as a result of
cases being referred by national courts to the Court of Justice
for a preliminary ruling.

The taxation of premiums and payments forming part of
the cross-border activities of insurance companies is being
examined from a legal angle in connection with the rights
guaranteed by Articles 8a, 48, 52, 59 and 73b of the EC
Treaty. At the same time political preparations are under way
for a new initiative to harmonise legislation in this field. The
Commission sent a letter to all the Member States asking them
for notification of the measures they intend to take, should
such measures be necessary, to bring their legislation into line
with the judgment of the Court of Justice of 28 April 1998 in
the Jessica Safir (Case C-118/96), in which the Court held that
Article 59 of the EC Treaty precludes the application of
national
life
assurance such as that in the case in question, where it diverges
from the law as declared by the Court.

legislation relating to the taxation of capital

that,

the requirement

On 16 July 1998 the Court gave judgment in Imperial Chemical
Industries concerning the compatibility with Article 52 of the
to be
EC Treaty of
granted on losses incurred by members of a consortium, the
subsidiaries must be based mainly in the United Kingdom (1).
Recalling previous judgments on this matter, the Court held
that Article 52 ‘precludes legislation of a Member State which,
in the case of companies established in that state belonging to
a consortium through which they control a holding company,
by means of which they exercise their right to freedom of

for tax relief

For example, the Commission has brought an action against
Italy for unwarranted use of the negotiated procedure without

(1) Case C-264/98 [1998] ECR I-4695.

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that

establishment in order to set up subsidiaries in other Member
States, makes a particular form of tax relief subject to the
requirement
the holding company’s business consist
wholly or mainly in the holding of shares in subsidiaries that
are established in the Member State concerned’. As regards the
scope of Article 5 of the Treaty for the national courts, in
the event of the UK legislation being incompatible with
Community law, in cases where the holding company mainly
controls subsidiaries established in non-member countries, the
Court found that,
‘Article 5 of the
in these circumstances,
Treaty does not require the national court to interpret its
legislation in conformity with Community law or to disapply
the legislation in a situation falling outside the scope of
Community law’.

connected with the company’s legal form, in other words on
account of the instrument employed for raising capital, so that
their continued existence would similarly risk frustrating the
aims of the Directive (paragraph 21). Article 10 of the Directive
therefore precluded the imposition, on operations for the
raising of capital, of a general stamp duty charged on all
notarial deeds (paragraphs 23 to 25). In a separate judgment
given on 27 October 1998, the Court held that Article 11(b)
of the Directive must be interpreted as meaning that the
prohibition of taxation on debenture loans applies to the duty
on notarial deeds recording the repayment of loans. Such a
duty cannot come within the derogation provided for in
Article 12(1)(d) of the Directive (6).

The proceedings against Greece for incorrect application of
Directive 69/335/EEC concerning indirect taxes on the raising
of capital (1). Greece imposed a capital duty of 1,3 % on
company formations and capital increases, whereas the Direc-
tive allows no more than 1 %, and also imposed a 0,5 % levy
on the same basis of assessment for the lawyers’ welfare fund.
But the Commission was able to terminate proceedings against
Greece for late transposal of Council Directive 90/434/EEC of
23 July 1990 (2) (common system of taxation applicable to
mergers, divisions, transfers of assets and exchanges of shares
concerning companies of different Member States), as Greece
finally adopted national legislation implementing the Directive
(Act No 2578 of 16 February 1998) just before the Article 169
judgment given by the Court on 19 February (3).

In relation to the same Directive, the Court interpreted the
Member States’ obligations under Community law regarding
reimbursement of amounts wrongly charged in its preliminary
rulings in Joined Cases C-10/97 to C-22/97. Giving judgment
on 22 October 1998 it held that the national courts must
disapply national legislation that imposed charges contrary to
Community law and must accordingly rule in favour of those
applying for reimbursement of amounts paid by way of such
charges. But the reimbursement must be made in accordance
with national law, provided it is no less favourable than that
applicable to purely domestic actions (7). Moreover, in Case
C-228/96 the Court held, on 17 November, that Community
law does not preclude Member States from imposing national
limitation periods on actions for reimbursement of charges
levied contrary to Community law, even if the Member State
has not yet changed its rules to bring them into line with
Community requirements. The limitation runs from the time
when the charge is levied and not from the time when
the national charge is subsequently held to be contrary to
Community law.

The Commission was also able to terminate proceedings in a
number of cases relating to failure to reimburse charges already
held by the Court to be incompatible with Community law:
one of these was the concessione governativa held incompatible
with Directive 69/335/EEC (Cases C-71/91 and C-178/91
Ponente Carni and Cispadana Costruzioni, judgment given on
20 April 1993 (4)).

2.1.6.6. VAT

In its judgment of 5 March 1998 in response to a reference for
a preliminary ruling in Solred SA, the Court maintained the
broad interpretation of Article 10 of Directive 69/335/EEC
expressed in earlier judgments, taking into account the aims
of that Directive (5). The Court held that the prohibition of all
indirect taxes under Article 10 of the Directive also applies to
taxes which are not imposed on capital contributions as
such, but are nevertheless imposed on account of formalities

Strictly speaking this area is not covered by the tax package
adopted by the Council (Ecofin) in December 1997, which
taxation.
sought mainly to relaunch the issue of direct
Nevertheless, the Commission must also pursue a whole series
of measures and activities aimed at eliminating distortions to
the single market in the field of indirect taxation, in particular
VAT. The adoption of a common system based on the
country-of-origin principle is still the main goal towards which
all efforts in this field are directed. However, given the rate of
progress, the Commission is also seeking to push ahead with
the simplification and modernisation of the VAT system
and with essential harmonisation work arising from specific
technical problems.

(1) OJ L 249, 3.10.1969, p. 25.
(2) OJ L 225, 20.8.1990, p. 1.
(3) Case C-8/97 [1998] ECR I-823.
(4) [1993] ECR I-1915.
(5) Case C-347/96 [1998] ECR I-937.

(6) Cases C-31/97 and C-32/97 [1998] ECR I-6491.
(7) [1998] ECR I-6307.

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the

The Commission must also pursue tax policy by ensuring
strict compliance with VAT provisions already adopted, in
particular
sixth VAT Directive of 17 May 1977
(77/388/EEC) on the uniform basis of assessment (1). Numer-
ous infringement proceedings have been commenced against
Member States which have failed to meet their obligations
under the Directive.

A u s t r i a : Contrary to Articles 2 and 28a(1)(a) of
the
Directive, Austria grants an exemption from VAT for supplies,
imports and intra-Community acquisitions of gold ingots, gold
coins considered as legal tender, unprocessed gold and related
intermediate transactions. Exemptions for gold other than gold
for industrial use may by granted only for a transitional period
by Member States which already applied such a measure when
the Directive was adopted or are authorised to do so by the
relevant Act of Accession. Austria is not covered by this
transitional provision.

B e l g i u m : The commission received by a travel agency
established in Belgium from a German tour operator whose
tours it sells is taxed twice. The Belgian authorities consider
that the Belgian travel agency is acting for and on behalf of the
traveller and hence as a travel agent within the meaning of
Article 26(1) of the sixth Directive, so that the VAT must be
collected in Belgium. However, the activities of the Belgian
travel agency consist of procuring travel services organised by
the German tour operator, while acting for and on behalf of
that tour operator. Since it is not acting on its own behalf
vis-à-vis the traveller, the agency is therefore providing a
service for the tour operator. Under Article 28b(E)(3) of the
sixth VAT Directive, the provision of services must be taxed in
the country of the customer, i.e. the tour operator established
in Germany.

S p a i n : The Commission has instituted proceedings against
Spain for lowering the rate of VAT on motorway tolls from
16 % to 7 %. The Commission believes that this measure
contravenes the sixth Directive as it falls outside the scope of
Annex H, which lists the transactions to which the reduced
rate of VAT can be applied.

F i n l a n d : Finnish legislation grants exemption from VAT for
the sale of works of art by artists or their agents and imports
of works of art purchased direct
from the artist. Such
exemptions are not covered either by Finland’s Act of
Accession to the European Union, which allows Finland to
exempt VAT for a transitional period for the provision of
services by artists, authors and performers under the sixth
Directive, or by Article 13(A)(n) of the sixth Directive, which

concerns ‘certain cultural services and goods closely linked
thereto supplied by bodies governed by public law or by other
cultural bodies recognised by the Member States concerned’.

F r a n c e :
Infringement proceedings have been brought
against France because of the French tax authorities’ refusal to
exempt from VAT the fees charged for sending the results of
medical analyses between laboratories on the grounds that
there is no direct link with the medical
treatment. This
approach is contrary to Article 13 of the sixth VAT Directive
and with Community case-law on transactions which are
ancillary to exempt transactions. In a second case, infringement
proceedings are in motion regarding the VAT levied on the
compensatory sums payable by persons leasing cars to car
lease companies in the event of theft of or loss involving the
leased vehicle, as compensatory payments by way of damages
fall outside the scope of VAT. The third case in which
infringement proceedings are under way is similar to the case
in Germany concerning the use of money-off coupons (2). The
fourth case concerns the distinction made in French law
between two types of equipment for disabled persons, those
entered in the Interministerial Health Services Tariff (Tarif
Interministériel des Prestations Sanitaires, TIPS), being covered
by the social security system and taxed at the reduced rate of
5,5 %, and others, not so covered and taxed at the standard
rate of 20,6 %.The two types of equipment are identical but
one is one the TIPS list and the other is not; they are taxed at
different rates on the grounds of a purely administrative
criterion that has nothing to do with the intrinsic qualities of
the product. The principle that identical goods or services
must be taxed at the same rate is not explicitly laid down by
the Community VAT directives, but it is inherent in the very
nature of the tax. And the last case concerned French rules
allowing certain taxable persons to deduct from the basis of
assessment to VAT the percentage of the price accounted for
by the service charge (in establishments such as hotels,
restaurants and clinics)in certain circumstances. This is defined
in terms of
the effect of
‘administrative tolerance’. But
Article 11(A)(1)(a) of the sixth VAT Directive is that this
percentage must be regarded as an integral component of the
price and therefore incorporated in the basis of assessment to
VAT since the customer is obliged to pay the service charge.
Moreover, the tolerance applies only to certain establishments
and the result can be distortions of competition contrary to
the principle of competitive neutrality that underlies the VAT
system.

U n i t e d K i n g d o m : UK legislation allows employers who
are liable to VAT to deduct either part of the flat-rate allowance

(1) OJ L 145, 13.6.1977, p. 1.

(2) See above.

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paid to their employees to compensate them for the costs they
incur in using their private vehicle for business purposes or
the VAT paid in respect of the fuel costs actually incurred by
their employees. These rules infringe Articles 17 and 18 of the
sixth Directive, as the deduction is made without the trader
being the recipient in the transaction or holding invoices in
his name.

The Commission has also referred four cases to the Court of
Justice in connection with the proper application of the sixth
VAT Directive. The first is against Portugal for applying a
reduced rate to gas oil, fuel oil and corresponding blends and
to agricultural equipment and machinery. The second is against
the Netherlands for allowing persons liable to VAT 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. The third is against Greece
for failing to collect VAT on the tolls levied on the use of
certain motorways, despite the fact that this a taxable activity
falling under Article 2 of the sixth Directive. The last infringe-
ment has a detrimental effect on the collection of
the
Community’s own resources. And the fourth is against Germ-
any, which does not allow readjustment of rights to deduct in
respect of money-off and cash-back coupons used by final
consumers to obtain goods at a reduced price. Such readjust-
ment was acknowledged by the Court as being legitimate in
terms of Article 11 of the sixth Directive in Elida Gibbs Ltd (1).
Even so, Germany has not yet taken measures enabling taxable
persons to obtain reimbursement.

A number of earlier VAT proceedings have been closed.

F r a n c e : Following action by the Commission, France has
adopted measures to comply with Articles 11 and 13 of the
sixth VAT Directive, as interpreted by the European Court of
Justice in Muys en De Winter’s Bouw (2), to the effect that the
interest charged by a taxable person, after the good concerned
has been supplied, in respect of payments by instalments, must
be exempt from VAT under Article 13 of the sixth Directive.
By contrast, in an Article 169 judgment given on 18 June
1998 (Case C-43/96), the Court rejected the Commission’s
argument that France was failing in its obligations under the
sixth Directive, in particular Article 17(2), by maintaining in
force legislation which denied taxable persons the right to
deduct VAT on means of transport constituting the very tools
of their trade. The Commission was also able to terminate the

proceedings commenced in 1989 concerning dual taxation of
advertising services, on which the Court gave judgment on
17 November 1993 (3).

S p a i n : The Commission had taken Spain to task for failing
to bring its legislation into line with Article 18(4) of the sixth
Directive, which grants traders the right to repayment of
non-deducted tax where the amount of authorised deductions
exceeds the amount of tax due for a given tax period. The
Spanish authorities have now amended their legislation as
requested by the Commission.

The Spanish authorities have given effect to the judgment
given by the Court of Justice in Case C-124/96 (7 May 1998),
holding that ‘VAT exemption for services closely linked to
sport or physical education applies only to those private
establishments whose membership fees do not exceed a
specified amount’ is contrary to Community law.

In two cases the Commission dropped proceedings for failure
to notify national implementing measures after receiving the
the case against France concerning
relevant notifications:
Directive 96/95/EC amending the sixth Directive with regard
to the standard rate of VAT (4) and against Germany concerning
Council Directive 95/7/EC on new simplification measures
with regard to VAT (5). However, the Commission also decided
to refer to the Court a case against Greece for failure to notify
national measures implementing Council Directive 96/42/EC
amending the sixth Directive as regards the reduced rate
applicable to agricultural outputs of the floricultural and
horticultural sectors (6).

2.1.6.7. Other indirect taxes

It

is planning to take steps to implement

The Commission is pursuing its efforts to harmonise excise
duties and hopes that the Council will soon adopt its proposal
on the taxation of cigarettes and other manufactured tobacco
products.
the
recommendations of the high-level group on preventing fraud
in excise duties, in particular by setting up an early warning
system on movements of and checks on excisable goods
pending the establishment of the computerised surveillance of
such goods. A feasibility study will be undertaken in 1999.

Monitoring the proper application of the directives already in
force and Article 95 of the Treaty is a very important task.

(1) Case C-317/94 [1998] ECR I-823,

judgment given on

24 October 1996.

(2) Case C-281/91 [1993] ECR I-5405,

judgment given on 27

October 1993.

(3) Case C-68/92 [1993] ECR I-588.
(4) OJ L 8, 11.1.1997, p. 12.
(5) OJ L 102, 5.5.1995, p. 18.
(6) OJ L 170, 9.7.1996, p. 34.

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In this context two proceedings have been opened against
France. The first case concerns the rules for determining
the engine rating of vehicles for tax purposes, which are
unfavourable to cars imported from other Member States. The
second relates to the tax introduced on drinks obtained by the
prior mixing of non-alcoholic and certain alcoholic beverages,
which infringes not only Council Directive 92/83/EEC on the
structure of excise duties (1) but also Article 95 of the Treaty,
since it affects in particular ‘pre-mixed’ drinks based on
non-French alcoholic beverages.

The joint
team set up in 1997 continued its work on
monitoring transposal of Directives concerned with compe-
tition in the telecommunications industry. The team has
produced two reports dealing with transposal. The first was
adopted by the Commission on 8 February 1998 and the
second on 25 November. This second report
focuses on
effective implementation in the Member States and is partly
based on the findings of audits on this topic carried out by
independent consultants. In parallel, the Commission has been
pushing ahead with ongoing Article 169 proceedings against
certain Member States, and has started some new ones.

Proceedings are also under way against Finland for allowing
the general use, subject to certain conditions, of ‘red fuel’, i.e.
fuel reserved for heating and hence subject to a reduced rate of
excise duty, as a fuel for means of transport, in breach of
Articles 8(2) and 8(3) of Council Directive 92/81/EEC on the
harmonisation of the structures of excise duties on mineral
oils (2) and Article 5(1) of Council Directive 92/82/EEC on the
approximation of the rates of excise duties on mineral oils (3).

The Commission had occasion to bring proceedings against
recent Italian legislation allowing exemption from excise duty
only for spirit used in cosmetic products classed as buon gusto
or neutro. The condition applies likewise also to denatured
spirit from other Member States where the denaturing is in
accordance with national requirements. But under Community
legislation, and specifically the first and second indents of
Article 27(1) of Directive 92/83/EEC (4), once spirit has been
denatured in accordance with national requirements, the other
Member States are obliged to accept it for the purposes of
exemption from harmonised excise duties and may impose no
further national conditions in relation to denaturing.

Finally, a case has been brought before the Court of Justice
against Greece concerning legislation granting the Ministry of
Finance the power to set the minimum retail sale price of
manufactured tobacco. Under Article 9 of Council Directive
95/59/EC (5) on the structures of excise duties on manufactured
tobacco, the manufacturers or importers of these products are
free to determine their maximum retail price.

2.2. COMPETITION

The number of individual proceedings initiated against Mem-
ber States has not significantly increased since 1997. Even
more than in previous years, infringement of the competition
rules by the Member States primarily affected the telecommuni-
cations industry, which accounted for three quarters of
infringement cases handled by the Commission in this field. In
contrast, there was a considerable reduction in the number of
cases relating to transport and airport services.

(1) OJ L 316, 31.10.1992, p. 21.
(2) OJ L 316, 31.10.1992, p. 12.
(3) Ibid. p. 19.
(4) Ibid. p. 21.
(5) OJ L 291, 6.12.1995, p. 40.

2.2.1. Public enterprises

Proceedings were closed in nine telecommunications cases but
opened in 12 new ones.

The Commission decided in 1998 to send reasoned opinions
to Belgium, Luxembourg, Greece and Italy. Belgium has still
not decided what cost-accounting principles Belgacom must
use to calculate the cost component in its interconnection fees.
Luxembourg has not yet notified the Commission of
its
national numbering plan, which means that the Commission
is unable to check that there is an adequate numbering system
to accommodate all telecommunications services. Portugal has
not yet
fully liberalised the setting up and provision of
infrastructure for supplying services other than voice tele-
phony. Greece has not yet notified the Commission of all the
measures taken in that field. Nor has it adopted the regulatory
framework authorising the supply of DECT and DCS
1800 mobile services;
forces mobile operators to
interconnect to foreign networks via OTE, the publicly-owned
company. Lastly, Italy has not given Telecom Italia permission
to adjust to its charges or notified the Commission of a detailed
timetable for the gradual ironing out of imbalances in charges.

it still

The Commission has also decided to refer to the Court of
Justice the matter of Luxembourg’s failure to implement in full
Directive 94/46/EC liberalising the provision of communi-
cation services by satellite.

With regard to individual cases, the Commission initiated
proceedings based on Articles 90 and 86 of
the Treaty,
concerning the Italian Government’s decision to allow Telecom
Italia, a company with special rights, to operate its DECT
service, ‘Fido’. The authorisation was given to Telecom in a
way which encouraged it to give preference to its own DECT
service over similar services its competitors wanted to supply
from Telecom’s fixed public network. Furthermore, Italy has
not granted similar authorisations to all Telecom’s potential
competitors who had applied for them. However, the proceed-
ings were suspended when Telecom decided to stop actively
marketing its Fido service.

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Regarding Directive
amending Directive
93/84/EEC
80/723/EEC on the transparency of financial relations between
Member States and public undertakings, the Commission
decided on 15 October 1997 to send Greece a reasoned
opinion as a result of the disagreement over the scope of
Member States’ notification obligations under the Directive.
On 2 July 1998, Greece notified the Commission of the
provisions it had adopted to incorporate the Directive into
Greek law. The provisions in question are contained in
section 27 of Act No 2579. However, in view of the continuing
disagreement between the Commission and Greece over the
scope of the Member States’ responsibilities under the Direc-
tive, the Commission has asked for additional information
from the Greek authorities before deciding whether or not to
close the infringement proceedings.

In the field of transport, on 28 June 1995 (1) the Commission
had adopted a decision under Article 90(3) in conjunction
with Article 86, to the effect that Belgium had infringed
Article 90(1) read in conjunction with Article 86 by imposing
a discriminatory system of
landing-fee discounts to be
implemented by the Belgian airways authority, the publicly-
owned company that runs Brussels’ airport. Belgium did not
comply with the Decision so, on 19 March 1997 (2), the
Commission asked the Court to rule that Belgium had failed
to implement it. By royal decree of 20 January 1998, the
Belgian Government made changes which put an end to the
infringement and the Commission decided not to continue
with the proceedings.

On 21 October 1997, the Commission adopted a Decision
under Article 90(3) in conjunction with Article 86 on the
system of reductions in piloting tariffs in the port of Genoa (3).
By decree of 8 June 1998 setting tariffs applicable from 1 July
1998, the Italian Government put an end to the infringement.

2.2.2. Monopolies

There were no infringements against Article 37 in 1998.

2.3. ENTERPRISE POLICY, DISTRIBUTIVE TRADES,

TOURISM AND COOPERATIVES

Two complaints were made in 1998. One of these, against
Austria, concerns unfair skiing fees discriminating against
non-Austrian EU nationals not residing in the region. The
other, against Italy, concerns reduced charges for the over-60s
for admission to the Doges’ Palace in Venice. These discrimi-
nate on grounds of nationality between Italians and nationals
of other EU Member States.

(1) OJ L 216, 12.9.1995, p. 8; see Fifteenth annual report, p. 52.
(2) Case C-155/97, Commission v Belgium.
(3) OJ L 301, 5.11.1997, p. 27; see Fifteenth annual report, p. 53.

In 1996 and 1997, four complaints were made against Greece
for continuing to discriminate by banning non-Greeks from
fishing in Greece. After it was sent an Article 169 letter, Greece
adopted circular No 253866 on 18 September 1998 which
does comply with Community law.

In 1998, the Commission continued to deal with a complaint
concerning an Austrian law, making establishment in Austria
a pre-condition for obtaining a licence to operate a rafting
business. In July 1998, the Austrian authorities replied that the
relevant law had been changed. It has been established that
this no longer infringes Community law and the case has been
closed.

A complaint was received in 1995 concerning discriminatory
charges for Spanish fishing permits for non-Spaniards from
EU countries who were not resident in Spain. An Article 169
letter was sent, following which Spain sent the relevant laws
of the 15 autonomous communities. The laws have been
examined and found to comply with Community law, so the
case has been closed.

2.4. EDUCATION, TRAINING AND YOUTH

The Commission has obtained good results in dealing with
complaints from the public on higher education.

It has done so through contacts with authorities in the Member
instruments set up to ensure that
States, greater use of
suspected infringements brought to the Commission’s atten-
tion through the NARIC network (National Academic Recog-
nition Information Centres) are dealt with swiftly, and adminis-
trative cooperation. This strategy has proved effective in
enforcing the rules laid down in the Treaty.

A number of complaints were received regarding suspected
infringements of Articles 6, 126 and 127 of the EC Treaty,
involving administrative practices which discriminated against
students
from other Member States. Discrimination on
grounds of nationality regarding access to higher education
may operate through quotas, additional examinations, numerus
clausus and higher matriculation fees for students from other
Member States. Such discrimination is one of the major
problems encountered by students wanting to exercise the
rights conferred on them by the Treaty.

In particular, France recently amended certain administrative
practices laid down in an administrative circular that restricted
access to students from other Member States on the grounds
that the courses in question were available in their own
countries and that the resources the relevant institutions could
devote to them were limited. This state of affairs constituted
discrimination with regard to access to education, which is
prohibited by Article 6 of the EC Treaty as interpreted by the
Court of Justice. Following intervention by the Commission,
France amended the administrative circular which had been
challenged by the complainant.

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2.5. SOCIAL AFFAIRS

A major effort has been made to transpose the Directives in
this field correctly into national law. Of the 69 directives, 54
have already entered into force, requiring the adoption of
national instruments in the 15 Member States (1). Thus far 35
of the Directives, 64,8 %, have already been transposed in all
Member States. Denmark, Spain, Finland and Sweden have a
100 % transposal rate. The Commission is addressing qualitat-
ive issues: it is in the process of identifying and trying to remedy
cases where the Directives have been badly implemented. It
is also looking out for administrative practices that infringe
the Directives, as it explained in its communication to
Parliament and the Council on measures taken in response to
the recommendations of the High-Level Panel on the Free
Movement of people (2).

The social action programme for 1998 to 2000, adopted on
29 April 1998 (3),
is concerned with the next stage in the
development of the social policy, providing a framework for
its renewal.

2.5.1. Free movement of workers

Proceedings are under way against a number of Member States
regarding implementation of Regulations (EEC) No 1612/68
and (EEC) No 1408/71.

The Commission dropped Article 171 infringement proceed-
ings against Greece concerning compliance with the Court’s
judgment of 1 June 1994 in Case C-123/94 (4), which centred
on the conditions to be met by nationals of other Member
States to be able to teach a foreign language in Greece.
The adoption of Presidential Decree 394/97 satisfied the
requirements of Community law as interpreted by the Court
in its judgment. However, the Commission is continuing
with infringement proceedings against Belgium for failing to
implement the Court’s judgment in Case C-47/93 (5), concern-
ing the allocation of funding to Belgian universities for students
who have come from other Member States solely to follow a
university course.

On 24 September 1998, the Court gave judgment in Case
C-35/97 (6) concerning discrimination by France against fron-
tier workers. Frontier workers residing in Belgium had not

(1) Council Directive 98/59/EC on collective redundancies (OJ L 225,
12.8.1998, p. 16) consolidates and repeals Directives 75/129/EEC
and 92/56/EEC. Council Directives 97/74/EC (European Works
Council), 97/75/EC (parental leave), 98/23/EC (part-time work)
and 98/52/EC (burden of proof discrimination based on sex) have
to be transposed by the United Kingdom only.

(2) COM(1998) 403 final.
(3) COM(1998) 259 final.
(4) [1995] ECR I-1457.
(5) [1994] ECR I-1593.
(6) [1998] ECR I-5325.

been awarded supplementary retirement pension points after
being placed in early retirement. This was found to be
incompatible with Article 48(2) of the EC Treaty and Article 7
of Regulation (EEC) No 1612/68.

Infringement proceedings continue against Germany regarding
the granting of welfare benefits to migrant workers when their
families come to join them and the rule making welfare
benefits conditional on the presentation of a residence permit.
the
In response to measures taken by the Commission,
United Kingdom amended its regulations concerning reduced
university matriculation fees and study grants for spouses of
EU citizens working in the United Kingdom.

The Commission sent Denmark a reasoned opinion concerning
Danish rules and practice restricting the use by frontier
workers in Denmark of vehicles which were registered in
another Member State and belonged to their employer based
in that country. Reasoned opinions were also sent to France,
Luxembourg, Spain and Belgium, where frontier workers were
not eligible for reduced fares on public transport for large
families solely on the grounds that they were not resident in
the country in question. France has already reacted positively
to the reasoned opinion.

the Commission sent

Lastly,
the Netherlands a reasoned
opinion because unemployed Belgian frontier workers were
not eligible for benefits paid from a fund to pay for supplemen-
tary pension insurance while workers are not in paid employ-
ment. The Commission is also pursuing the matter of charges
for the issuing of permanent residence papers with the Dutch
authorities.

As regards access to civil service jobs, on 12 March 1998, the
Court of Justice gave judgment in Case C-187/96 Commission
v Greece (7) concerning the taking into account of a person’s
seniority in another Member State’s civil service (France’s in
this case) when that person enters the Greek civil service. The
Court ruled that Article 48 meant Greece had to take account
of time served in the civil service of another Member State as
if it had been served in Greece’s. In a recent preliminary
ruling (8), the Court laid down the same principle in relation to
public-sector collective agreements. The effect of the judgment
is that Member States must take account, when recruiting
someone to their civil service, of time served in another
Member State’s civil service. Seniority in the civil service can
have significant career implications in some Member States. It
affects, for instance, grade, salary and promotion prospects.

(7) [1998] ECR I-1095.
(8) Case C-15/96 Schöning [1998] ECR I-0047 (judgment given on

15 January 1998).

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The Commission also wants to ensure that Member States
eliminate all unwarranted restrictions on public-sector jobs
and so has decided to continue with Article 171 proceedings
against Luxembourg for failing to comply with the Court’s
judgment of 2 July 1996 in Case C-473/93 (1) concerning the
nationality criterion for access to the Luxembourg civil service.
It also sent a reasoned opinion to Spain on the same grounds.

infringed Article 119 of the Treaty. However, it continued
with two sets of Article 171 proceedings against France
(reasoned opinion) and Italy (Article 171 letter), both of which
had failed to take measures to comply with the judgments the
Court gave against them 1997 (6) with regard to women and
night work.

With regard to the coordination of national social security
systems, actions were brought before the Court concerning
the French authorities’ decision to deduct a ‘General welfare
contribution’ (Contribution sociale généralisée or CSG) (2) and a
‘levy to repay social-security debt’ (Cotisation pour le rembourse-
ment de la dette sociale or CRDS) (3) from frontier workers’
income and income-substitution benefits.

The Commission sent France a reasoned opinion regarding the
interpretation of the administrative conditions laid down by
Article R313.5 of the French Social Security Code in cases
where the person applying for invalidity benefit was not
working on French territory when the risk of invalidity arose.

The Commission continued with the case against Belgium
concerning the deduction of a personal contribution of
13,07 % from Belgian pensions paid to people resident in
another Member State and in receipt of another pension from
that Member State. An action was brought before the Court of
Justice (4). Since the Belgian institution is not responsible for
benefits in kind received in the Member State in which the
recipient resides, there are no grounds for deducting the
contribution.

A reasoned opinion was sent to Germany, which, under a
special act relating to artists’ social security contributions
(Kunstlersocialversicherungsgesetz (KSVG)), takes a contribution
from remuneration paid by German publishers to writers who
are not covered by German legislation under Regulation (EEC)
No 1408/71, concerned with determining which country’s law
is applicable.

2.5.2. Equal treatment for men and women

The Commission terminated Article 171 proceedings against
Belgium for not taking measures to comply with the Court’s
judgment of 17 February 1993 in Case C-173/91 (5), concern-
ing legislation making women over 60 years ineligible for
additional redundancy compensation, after Belgium notified
the Commission of measures amending the legislation which

(1) [1996] ECR I-3207.
(2) Case C-169/98.
(3) Case C-34/98.
(4) Case C-347/98.
(5) [1993] ECR I-693.

Regarding Council Directive 92/85/EEC on protection of
pregnant workers, the Commission terminated proceedings
against Luxembourg after it duly notified the Commission of
its national transposal measures.

The Commission has decided to bring actions before the Court
against Greece (7), France (8), and Luxembourg (9) for failing to
notify the Commission of measures implementing Council
Directive 96/97/EC 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 should have
adopted implementing measures by 1 July 1997.

2.5.3. Working conditions

Proceedings are still in progress against a number of Member
States. For example, the Commission sent reasoned opinions
to France, Greece, Luxembourg and Portugal regarding Council
Directive 93/104/EC concerning certain aspects of the organis-
ation of working time, and brought an action against Italy (10)
on the grounds that they failed to report some, or indeed all,
of the national measures required to give the Directive effect
in national law.

Progress is being made on transposal of Council Directive
94/33/EC concerning the protection of young people at work.
However, proceedings against France, Italy and Luxembourg
continue. The Commission has referred Italy’s case to the
Court of Justice (11).

Furthermore, Council Directive 94/45/EC on the establishment
of a European Works Council has still not been incorporated
into national law in Luxembourg or Portugal. The Commission
has now taken these two countries to the Court of Justice (12).

(6) Cases C-197/96 Commission v France ([1997] ECR I-1489) and

C-207/96 Commission v Italy ([1997] ECR I-6869).

(7) Case C-457/98.
(8) Case C-354/98.
(9) Case C-438/98.
(10) Case C-386/98.
(11) Case C-385/98.
(12) Cases C-430/98 and C-12/99, respectively.

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2.5.4. Health and safety at work

With regard to Council framework Directive 89/391/EEC,
its individual Directives (1) and the ‘independent’ Directive
(92/29/EEC, medical treatment on board vessels), all Member
their national
States have notified the Commission of
Ireland and
implementing measures except Luxembourg,
Italy (2). In this connection, the Court found in its judgments
of 27 and 29 October 1998 that
Ireland had failed to
incorporate Directive 93/103/EC (3) into national law and that
Luxembourg had not transposed Directive 92/29/EEC (4).

Despite improvements, the transposal situation is still not
entirely satisfactory for basic directives and those amending
individual directives to adapt them to technological pro-
gress (5). Consequently infringement proceedings are continu-
ing against Member States which have not yet reported all the
requisite national implementing measures. Some cases have
already been referred to the Court.

Checks are still being carried out to ensure that national
implementing measures for the framework directive and its
individual directives comply fully. The Commission has sent
Germany, Italy and the Netherlands reasoned opinions for
incorrect transposal of Directive 89/391/EEC.

2.5.5. Public health

In accordance with Article 129 of the EC Treaty, which states
that ‘Health protection requirements shall form a constituent
part of the Community’s other policies’, the Commission
regularly provides information on how it is applying this
principle in practice. The Fourth Report, covering activities in
1997, will be published in 1999.

2.6. REGIONAL AND COHESION POLICY

Furthermore,
in accordance with the guidelines set out in
C(97) 3151 final-II on net financial corrections within the
scope of Article 24 of Regulation (EEC) No 4253/88, the
Commission may call for definitive withdrawal of funding, or
it can propose that the project be replaced. However, it is
under no legal obligation to allow one project to be replaced
with another in cases where there is an incompatibility with
Community law.

With the new programming period (2000 to 2006) in mind,
the Commission has proposed the adoption of a regulation
containing general rules for the Structural Funds, as part of its
policy on enforcing Community law.

In accordance with the principle of subsidiarity, the national
authorities bear primary responsibility for checking that
Community law is correctly applied in relation to measures
co-financed through the Structural Funds. However, this does
not affect the Commission’s rights under Article 169 of the
Treaty and Article 24 of Regulation (EEC) No 4253/88, or the
corresponding provision in Regulation (EC) No 1164/94.

Although,
in its judgment of 23 September 1994 in Case
T-461/93 An Taisce v The National Trust for Ireland and WWF,
the Court confirmed that infringement proceedings and the
procedure provided for by Article 24 of Regulation (EEC)
No 4253/88 were not dependent on each other, there must be
a degree of consistency between the two.

Thus, in principle, if an Article 171 letter is sent as part of
infringement proceedings, payments are suspended. Further-
more, after a reasoned opinion is sent, the procedure for
reducing or withdrawing funding is started. If, on the other
hand, Article 169 infringement proceedings are stopped, the
Commission is still entitled to withdraw Community funding.

Article 7 of Regulation (EEC) No 2052/88 on the tasks of
the Structural Funds and Article 8(1) of Regulation (EC)
No 1164/94 establishing the Cohesion Fund lay down the
principle that measures which are co-financed by the Com-
munity must comply with Community law. The consequence
of this is that, if a measure is found not to comply, funding
can be suspended initially and subsequently reduced or
withdrawn (see Article 24 of Regulation (EEC) No 4253/88
and Article H of Annex II to Regulation (EC) No 1164/94).

Before a decision is taken concerning reduction or withdrawal
of Community funding, the Commission assesses the serious-
ness of the infringement on a case-by-case basis. This is to
ensure that serious infringements do not escape without
funding penalties and that the development of poor regions or
regions affected by restructuring is not hit disproportionately
as a result of minor infringements. Following a Commission
decision to reduce or withdraw funding, the Member State in
question is entitled to appeal to the Court of Justice under
Article 173 of the Treaty.

(1) Directives 89/654/EEC, 89/655/EEC, 89/656/EEC, 90/269/EEC,
90/270/EEC, 90/394/EEC, 90/679/EEC, 92/57/EEC, 92/58/EEC,
92/91/EEC, 92/104/EEC and 93/103/EC.

(2) Case C-362/98, concerning Council Directive 93/103/EC, (work

on board fishing vessels).

(3) Case C-364/97, [1998] ECR I-6593.
(4) Case C-410/97, [1998] ECR I-6813.
(5) Directives 91/382/EEC, 91/322/EEC, 93/88/EEC, 95/30/EC,

97/59/EC, 96/94/EC and 97/65/EC.

Most infringements involving operations cofinanced by the
ERDF and the Cohesion Fund are against environment Direc-
tives or Community public-procurement rules. The most
common offence
to comply with Directive
85/337/EEC (environmental impact assessment). There has,
however, also been an increase in the number of complaints
against alleged infringements of Directive 92/43/EEC on
habitats.

failure

is

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Only a relatively small proportion of infringements (suspected
or established) against environment and public-procurement
rules are (or could be) linked to Community cofinancing: 6,2 %
of environment cases and 6,9 % of public-procurement cases.
Moreover, some proceedings under Article 24 of Regula-
tion (EEC) No 4253/88 were started for other irregularities
that do not constitute infringements of Community rules on
the environment or public procurement.

These figures are given as a guide only; the Commission faces
objective difficulties in assessing the scope of infringements
linked to Community co-financing. Certain cases do not
come to the Commission’s attention, owing to the way
that Community ERDF funding is granted (to operational
programmes rather than individual projects) and to the fact
that national management systems are not accessible to the
Commission. In other cases, it is difficult to establish the link
between the infringement and the existence of Community
co-financing.
Identifying infringements is easier with the
Cohesion Fund, which gives support to individual projects
rather than programmes.

Nevertheless,
in spite of the difficulties referred to above,
funding has been suspended. Furthermore, in cases of estab-
lished public-procurement
infringements deemed serious
Journal,
enough (failure to publish notices in the Official
request that tenderers register with a national professional
association), funding has been withdrawn. In other cases, felt
to be less serious, the Commission has agreed to let the
Member State in question replace the offending projects. In
one case involving an infringement against the environmental
regulations,
the option of withdrawing funding is being
considered.

2.7. BUDGET MATTERS

The Commission has started infringement procedures in two
cases concerning own resources:

2.8.2.

Internal market for electricity and natural gas

the European Parliament and the
Directive 96/92/EC of
Council of 19 December 1996 concerning common rules for
the internal market in electricity, which must be transposed by
19 February 1999 at the latest, has already been transposed by
Austria and Spain.

On 22 June 1998, Directive 98/30/EC of the European Parlia-
ment and the Council concerning common rules for the
internal market in natural gas was adopted (1). It must be
transposed by 10 August 2000 at the latest.

2.8.3. Energy efficiency

Belgium and Italy have still not transposed Directive 96/57/EC
of
the European Parliament and the Council on energy
requirements for household electric refrigerators, freezers and
combinations thereof.

Infringement proceedings continue regarding the Directives
implementing framework Directive 92/75/EEC on the indi-
cation of energy consumption.

Commission Directive 94/2/EC regarding household electric
freezers and combinations thereof has been
refrigerators,
transposed by all Member States, as have Commission Direc-
tives 95/12/EC on household washing machines and 95/13/EC
on household electric tumble-dryers. Belgium has still not
implemented Commission Directive 96/60/EC on energy-
labelling of household combined washer-dryers and has also
yet to transpose Commission Directive 96/89/EC amending
Directive 95/12/EC. Commission Directive 97/17/EC on
energy-labelling of household dishwashers,
for which the
deadline for transposal was 15 June 1998, has been transposed
only by France, Greece, Ireland, Luxembourg, the Netherlands
and Spain. On 27 January 1998 the Commission adopted
Directive 98/11/EC on energy-labelling of household lamps (2).

— one involving Belgium, which authorised debtors to pay in
instalments, but did not make available own resources
paid to it until the full amount had been recovered,

2.8.4. Oil and gas

— another involving Italy, which, without providing sufficient
grounds, deducted amounts from its own resources pay-
ments relating to customs duties on imports bound for
San Marino.

All Member States have transposed Directive 94/22/EC of the
European Parliament and the Council on conditions for
granting and using authorisations for the prospection, explo-
ration and production of hydrocarbons.

2.8. ENERGY

2.9. TRANSPORT

2.8.1.

Introduction

The number of transport directives remains unchanged com-
pared with 1997, as 10 directives were repealed while 10 new
ones were due for transposal in 1998.

In 1998, the negotiations on the internal market for natural
gas resulted in the adoption of Directive 98/30/EC. The rate of
transposal of directives is up on the rate for 1997.

(1) OJ L 204, 21.7.1998.
(2) OJ L 71, 10.3.1998.

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Most of the repealed directives were removed as part of
the Commission’s rationalisation and clarification campaign,
which aims to consolidate legislation in the interests of
openness. For example, Directive 96/96/EC consolidated the
legislation on the approximation of the laws in the Member
States relating to roadworthiness tests for motor vehicles and
their trailers, repealing the original Directive and its six
subsequent amendments.

Most of the new directives with deadlines for transposal in
1998 were adopted to incorporate the new rules on safety at
sea in international agreements in Community legislation
and to maintain efforts to control ships carrying dangerous
substances or pollutants.

Regrettably, as in previous years, most of the Member States
were very late in adopting national measures. This has resulted
in a very poor rate of notification of national measures
in
implementing directives with a deadline for transposal
1998.

However, once infringement proceedings were started there
was a rapid increase in notification of national transposal
measures. This is evidenced by the fact that over two thirds of
the 100 or so proceedings started in 1997 or the first few
months of 1998 and were then terminated involved failure to
notify national implementing measures.

2.9.1. Road transport

Following the entry into force in 1997 of Community
legislation aimed at approximating the Member States national
standards on the transportation of hazardous goods, 13 Mem-
ber States have transposed Directive 94/55/EC, the basic
legislation governing the transport of hazardous goods by
road and applying the ADR (European agreement on the
international carriage of dangerous goods by road) to national
and international transport, while 11 Member States have
transposed amending Directive 96/86/EC. Only one Member
State still has to notify national measures implementing
Directive 95/50/EC on uniform procedures for checks on the
transportation of dangerous goods by road, in order to enforce
safety rules more effectively.

Significant progress has been made on legislation concerning
the maximum weights and dimensions of vehicles, with only
three Member States still to notify the Commission of national
measures implementing Directive 96/53/EC which brings
together in a single instrument provisions concerning weights,
dimensions, certain other technical characteristics of certain
road vehicles and proof of compliance.

However, very little progress was made with regard to driving
licences in 1998. There is still concern regarding the transposal

of Directive 91/439/EEC. Examination of national transposal
measures reveals that in nine Member States there are numer-
ous discrepancies regarding such areas as the minimum age
for a vehicle category, renewal of licences for EU citizens no
longer residing in the Member State of issue, the criteria used
for vehicles used for tests, the duration of the practical test and
minimum requirements in terms of physical and mental
aptitude. The procedures devised for the automatic registration
of licences belonging to drivers who move from one country
to another are incompatible with the principle of mutual
recognition of driving licences. Finally, infringement proceed-
ings are still continuing against three Member States for failure
to notify national measures implementing the latest amending
Directive 97/26/EC.

With regard to tax matters, the Commission dropped proceed-
ings against France for failure to notify measures giving effect
to Directive 93/89/EEC on taxes, tolls and charges. However,
proceedings continue against Belgium for incorrect transposal.
The Commission has brought 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.

As regards technical controls, in 1998, Directive 77/143/EEC
and its six amending Directives were repealed by the entry into
force of Directive 96/96/EC, which consolidated the legislation
on the approximation of the laws relating to roadworthiness
tests for motor vehicles and their trailers. However, the repeal
of the earlier directives did not entitle the Member States to
disregard their obligations regarding deadlines for transposal
and implementation, which is why proceedings against Ireland
(Directive 91/328/EEC) and Portugal
(Directive 94/23/EC)
continue. Proceedings against a further five Member States for
failure to notify national measures implementing the new
Directive will similarly continue.

The general trend on the road transport front is positive,
despite the odd problem with transposal and difficulties
concerning the implementation of the new provisions on
driving licences. The Commission receives few complaints on
the application of Community law in this field, which suggests
that the older directives have been properly transposed and
implemented.

2.9.2. Combined transport

Although all Member States have now transposed Directive
92/106/EEC establishing common rules for certain types
of combined goods transport between Member States, the
Commission has started proceedings for incorrect application
of incompatibility of national implementing measures.

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2.9.3.

Inland waterways

2.9.5. Sea transport

The deadline for transposal of Directive 96/75/EC on char-
tering and pricing systems in national and international inland
waterway transport in the Community passed in 1997. The
three Member States still to transpose the Directive, Belgium,
France and the Netherlands, have now done so.

The Commission has started proceedings in two cases for
failure to notify national measures implementing Directive
96/50/EC on the harmonisation of the conditions for obtaining
national boatmasters’ certificates for the carriage of goods and
passengers by inland waterway in the Community.

The Commission also decided to send Article 169 letters in
conjunction with proceedings started against two Member
States which concluded bilateral inland waterways agreements
with third countries, on the grounds that this is exclusively a
matter for the Community.

2.9.4. Rail transport

Directive 91/440/EEC on railway development, which aimed
to facilitate the adaptation of the Community railways to the
needs of
the single market and increase their efficiency
by separating the management of railway operation and
infrastructure from the provision of railway transport services,
has been reinforced by Directive 95/18/EC on the licensing of
railway undertakings and Directive 95/19/EC on the allocation
of railway infrastructure capacity and the charging of infra-
structure fees. The two Directives, which should have been
transposed no later than 1997, have put rail transport on the
right track for a competition-led revival.

The Commission regrets that, although it was possible to
drop half the infringement proceedings for failure to notify
in connection with Directives
implementing measures
95/18/EC and 95/19/EC in 1998, proceedings continue in
other cases, some of which have already been referred to the
Court of Justice.

Furthermore,
there are still problems with transposal of
Article 10 of Directive 91/440/EEC, concerning access to
infrastructure, particularly in France, Luxembourg and the
United Kingdom. The problems encountered by France and
the United Kingdom with regard to the transposal of Article 10
concern the Channel Tunnel linking the two countries, and
there are plans to adopt bilateral rules.

The Commission is persisting with measures to improve
safety and prevent pollution of the seas, both by enforcing
international standards for flag states more effectively and by
setting up a harmonised system for port state control as a
surveillance instrument. The Commission therefore regrets the
fact that the Member States are behind with transposal of the
relevant directives.

It took three years for the Member States to implement
Directive 93/75/EEC concerning minimum requirements for
vessels bound for or leaving Community ports and carrying
dangerous or polluting goods, and there are still problems with
Belgium, Germany and the United Kingdom. Furthermore, the
deadlines for transposing Directives 96/39/EC and 97/34/EC,
which were adopted to bring Directive 93/75/EC into line with
the most recent
international standards, passed in 1997
without Belgium, Portugal and the United Kingdom notifying
the Commission of implementing measures, and although the
the latest amending
deadline for the implementation of
Directive 98/55/EC was 31 December 1998, no Member States
have notified national implementing measures.

infringement proceedings

Clear progress has been made on transposing Directive
94/57/EC on common rules and standards to be observed by
the Member States and ship-inspection, survey and certification
organisations so as to ensure compliance with international
conventions on maritime safety and maritime pollution.
However, while all
for non-
notification have been dropped, the Commission has been
obliged to start infringement proceedings in two cases for
incorrect transposal and to commence proceedings against
nine Member States (Austria, Finland, France, Germany, Lux-
embourg, the Netherlands, Portugal, Spain and the United
Kingdom) for failure to notify it of national measures transpos-
ing amending Directive 97/58/EC, which should have been
transposed by 30 September 1998.

As to human resources, the Commission has decided to bring
an action against Belgium for the incomplete transposal of
Directive 94/58/EC on the minimum level of training of
seafarers, with particular reference to communication on board
ship.

Although definite progress was made in 1998, the situation
still gives cause for concern, as transposal of Directives
95/18/EC and 95/19/EC, which aim to open up access to rail
is of prime
networks to a certain degree of competition,
importance for the development of the Community railways
strategy.

The Commission has dropped infringement proceedings
against Belgium and Portugal for incorrect implementation of
Regulation (EC) No 2978/94, which aims to promote the use
of segregated-ballast oil tankers in order to minimise the risk
to the marine environment from pollution from traditional
tankers. Proceedings continue against one Member State for
incorrect implementation of the Regulation.

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There are still difficulties with Directive 95/21/EC (port
state control) which harmonises criteria for inspecting ships,
detention rules and grounds for refusing them access to
Community ports. All Member States have notified the Com-
mission of their transposal measures with the exception of
Italy, and this case has been referred to the Court of Justice.
However, proceedings have been started against Belgium,
Ireland and Portugal for incorrect transposal. Late notification
also seems to be the order of the day for amending Directives
98/25/EC and 98/42/EC. Most Member States have still not
notified their implementing measures, although the deadlines
for transposal were 1 January and 30 September 1998 respect-
ively. However, all proceedings for failure to notify measures
implementing Directive 96/40/EC establishing a common
model for an identity card for inspectors carrying out port
state control under Directive 95/21/EC have been dropped,
although proceedings have been started against one Member
State for incorrect application.

Real progress has been made regarding cargo-sharing agree-
ments between Member States and third countries, but some
Member States still flout the principle of freedom to provide
services guaranteed by Regulation (EEC) No 4055/86. In 1998
the Commission dropped proceedings against Italy over its
agreements with Morocco, Senegal and Côte d’Ivoire and
against Spain over its agreements with Tunisia and Gabon.
Portugal has also amended its agreements with Senegal, Sa˜o
Tomé and Principe and Cape Verde. Following the ruling
against Belgium and Luxembourg by the Court of Justice on
11 June 1998 (3), the cargo-sharing clause in their agreement
with Malaysia was also removed. Three Member States,
Belgium, Luxembourg and Portugal, continue to contravene
the Regulation and, following referral to the Court of Justice
by the Commission, actions are continuing against Belgium
for its agreement with the Congo (former Zaire), Belgium and
Luxembourg for their agreements with Côte d’Ivoire, Senegal,
Mali and Togo, and against Portugal for its agreements with
Angola and the former Yugoslav States.

Directive 96/98/EC on marine equipment provides a perfect
illustration of the late transposal of sea transport directives.
Proceedings have been started against 12 Member States
for failure to notify national implementing measures (only
Germany and France communicated their national measures
ahead of the deadline for transposal, while Greece notified its
measures after the final date).

The Commission strives constantly for more
effective
implementation of Community law on sea transport, particu-
larly in matters of safety at sea and the unhindered supply of
services. However, with regard to safety at sea a large number
of Directives aim at more rapid implementation or are intended
to enforce international rules within the Community and some
States encounter problems with the rapid transposal of
measures which are wholly or in part provided for under
international agreements to which they have signed up.

Problems also remain regarding compliance with Community
legislation on the registration of vessels and the granting of
flag rights. The national rules governing these matters in
Belgium, France and the Netherlands are still discriminatory,
and infringement proceedings continue. In 1997, the Court of
Justice ruled against Ireland (1) and Greece (2) for retaining
nationality rules which contravened Community law regarding
the registration of merchant vessels and the Commission has
started proceedings against them under Article 171 of the
Treaty for failure to comply with the Court’s rulings.

The Commission has referred France to the Court of Justice for
infringement of Community rules on maritime cabotage in
that France retains laws allowing only domestic vessels to
transport goods between domestic ports, in contravention of
Regulation (EEC) No 3577/92, which provides for the opening
up of maritime cabotage to Community shipowners operating
in and flying the flag of a Member State from 1 July 1993.

2.9.6. Air transport

Liberalisation of civil aviation within the Community was
completed in 1997. Liberalisation, however, goes hand-in-
hand with several technical or air-traffic related directives
and, at the end of 1998, their transposal was not entirely
satisfactory. The Commission is more concerned about delays
or failure to transpose than about incorrect application by the
Member States, and a distinction between the two aspects
should be drawn.

Looking first at
failure to transpose legislation, Directive
96/67/EC on ground-handling had still not been transposed
into national law in six Member States by the end of December
1998, although the final deadline for transposal was November
1997 and the ground-handling market has been open to
competition since 1 January 1999.

(1) Case C-151/96 Commission v Ireland, Judgment of the Court (fifth

chamber) of 12 June 1997 [1997] ECR I-3327.

(2) Case C-62/96 Commission v Greece, Judgment of the Court (fifth

chamber) of 27 November 1997 [1997] ECR I-6725.

(3) Joined cases C-176/97 and C-177/97 Commission v Belgium and
Luxembourg, Judgment of the Court (fifth chamber) of 11 June
1998 [1998] ECR I-3557.

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Similarly, over half the Member States have not transposed the
basic principles governing the investigation of civil aviation
accidents and incidents established by Directive 94/56/EC,
although the deadline for transposal expired on 26 November
1996. The Commission regrets that eight Member States have
still to notify it of their implementing measures.

However, the Commission has dropped all proceedings in
respect of Directive 93/65/EEC on the definition and use of
compatible technical specifications for the procurement of
air-traffic-management equipment and systems. Proper appli-
cation of this Directive harmonising air-traffic-management
systems in the Member States is even more important now
that the deadline for transposal of the amendments contained
in Directive 97/15/EC has passed (1 December 1997). The
amendments supplement the Directive and bring it into line
with the new Eurocontrol standards. The Commission has
started proceedings against
four Member States (Austria,
Germany, Greece and Luxembourg) for failure to notify it of
their national implementing measures.

As regards the implementing measures themselves, in 1998
there was a marked reduction in the number of complaints
and proceedings concerning compliance with Directive
91/670/EEC on civil-aviation personnel licences. However, not
all problems have been resolved and proceedings continue for
incorrect application of the Directive on the mutual recog-
nition of civil-aviation pilots in Belgium, France and Germany.

It is still too early to assess Member States’ implementation of
Directive 96/67/EC on access to the ground-handling markets,
as to date only self-handling has been liberalised.

The Commission has also been called on to deal with several
cases of infringements in the air transport sector. Certain
Member States impose varying rates of airport tax depending
on passenger destinations (internal flights/intra-Community
and/or international routes). This sort of distinction is incom-
patible with the principle of the freedom to provide services
provided for in the field of air transport by Regulation (EEC)
No 2408/92. The Commission has notified Greece, Ireland,
Italy, the Netherlands, Portugal, Spain and the United Kingdom
of infringement proceedings against them for discriminatory
implementing measures. Proceedings against France were
terminated following the adoption by France of amending
legislation setting the same rate of airport tax whatever the
flight destination.

States continued in 1998. These agreements impinge on
the exclusive powers of the Community to conclude such
agreements and also appear incompatible with Article 52 of
in that they discriminate on the basis of the
the Treaty,
nationality of the air service provider. For these reasons the
Commission decided to refer to the Court of Justice the
agreements concluded by eight Member States (Austria,
Belgium, Denmark, Finland, Germany, Luxembourg, Sweden
and the United Kingdom), and Article 169 letters were sent to
a further two Member States.

The Commission adopted two decisions on the basis of
Article 8(3) of Regulation (EEC) No 2408/92:

— on 22 July 1998 it decided that Sweden could not, beyond
operational considerations such as curfews (from 10 p.m
to 7 a.m), restrict access to the new airport of Karlstad in
services from other Community airports for noisy aircraft
(i.e. those not meeting the requirements of Chapter 3,
Volume I, of Annex 16 to the Convention on International
Civil Aviation),

— on 9 September 1998 it declared its opposition to Italian
rules on the distribution of traffic at Milan’s airports,
whereby all links from Linate were transferred to Malpensa,
with the sole exception of the Linate-Rome service. Given
the inadequacy of access infrastructure at Malpensa, the
Commission considered that
this constituted discrimi-
nation in favour of Alitalia, the national airline, and
that the new rules were disproportionate to the Italian
authorities’ objective of creating a viable hub facility at
Malpensa. The Italian authorities subsequently changed the
rules governing the distribution of
traffic at Milan’s
airports.

2.10. TELECOMMUNICATIONS

The directives making up Community telecommunications
legislation set the date of 1 January 1998 for the creation of
a liberalised and harmonised European telecommunications
market. All but one of the directives (1) were in place at the
beginning of 1998 and due to be transposed in the course of
the year, which explains the increase in Commission activity
in relation to implementation by the Member States.

Infringement proceedings concerning the open skies agree-
ments concluded by several Member States with the United

(1) The missing directive was Directive 98/61/EC of the European
Parliament and of the Council of 24 September 1998 amending
Directive 97/33/EC with regard to operator number portability
and carrier pre-selection: (OJ L 268, 3.10.1998, p. 37) (transposal
deadline 31 December 1998).

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As announced in last year’s report, the Commission adopted
its third report on the report on the implementation of the
telecommunications regulatory package (1). The report offers
an overview of progress in implementing telecommunications
directives and a series of indicators of the situation on the
public telephony markets and public infrastructure networks
in the Member States. Its overall assessment of the implemen-
tation situation in January 1998 is that transposal measures
have largely been adopted by the Member States so that the
accent will henceforth be on ensuring that national measures
ensuring free access to the market are applied effectively.

This was the spirit underlying the Commission’s fourth report,
adopted on 25 November 1998 (2), which concludes that:

— the further progress made in relation to the more recent
directives means that the bulk of the measures in the
package have been transposed into national legislation,

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. In December
the Commission decided to send reasoned opinions to the two
Member States. It also decided to send Portugal a reasoned
opinion regarding the implementation of
the Directive’s
provisions on cost accounting.

Regarding the new voice telephony Directive (98/10/EC),
which repealed Directive 95/62/EC with effect from 30 June
1998, a few Member States (Greece, Ireland, Italy and Sweden)
have yet to notify their transposal legislation; in December the
Commission accordingly decided to send them a reasoned
opinion. Notifications from the other Member States which
received an Article 169 letter (France, the Netherlands and
Portugal) are being scrutinised.

— national measures giving effect to the principal regulatory
themes underpinning the package (national regulatory
authorities,
interconnection, universal service,
tariffs, numbering, frequency, rights of way) are being
applied in practice, although there are, as might be
expected with an exercise of this complexity, a considerable
number of details remaining to be resolved,

licensing,

In December the Commission decided to send reasoned
opinions to Austria, Belgium, France, Italy and Luxembourg as
their measures transposing Directive 97/13/EC (licences) did
not comply with the Directive. Greece and the Netherlands
received Article 169 letters for failure to notify the Com-
mission of transposal measures. The Commission is currently
scrutinising certain aspects of Spain’s transposal measures for
possible non-conformity.

— dynamic telecom markets are evolving rapidly in the

Member States.

As regards the state of transposal of the various directives and
decisions, the situation is as follows.

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

All
the Member States have notified national measures
implementing Directive 92/44/EEC (leased lines). Most of the
proceedings still running for failure to notify were terminated
in 1998. Scrutiny of measures notified revealed that they were
incomplete in Belgium, Greece, Luxembourg and Portugal.

Directive 97/33/EC (interconnection) has been transposed by
all Member States except Greece, Portugal and Sweden; in
December the Commission decided to address reasoned opin-
ions to these three Member States. An Article 169 letter was
addressed to the Netherlands for failure to notify transposal
measures. And in December the Commission decided to
address a reasoned opinion to Belgium, France and Luxem-
bourg as their measures were incorrect.

Only five Member States (Austria, Germany, Italy, Portugal and
Spain) have notified measures transposing Directive 97/66/EC
(data-protection), which fell due on 24 October 1998. In
December the Commission decided to send reasoned opinions
to the other Member States.

Directive 97/51/EC amended the two foregoing Directives to
adapt them to a competitive environment in telecommun-
ications.
In December the Commission decided to send
reasoned opinions to the Member States, France, Greece, Italy,
Portugal and Sweden, that had not yet notified it of transposal
measures.

Directive 91/263/EEC on telecommunications terminal equip-
ment and Directive 93/97/EEC on the equipment of ground
satellite tracking stations have been transposed by all the
Member States. The two Directives were, incidentally, consol-
idated by Directive 98/13/EC of 12 February 1998.

(1) COM(1998) 80 final.
(2) COM(1998) 594 final.

All
the Member States have notified national measures
implementing the three Directives on frequencies, Directives
87/372/EEC (GSM), 90/544/EEC (ERMES) and 91/287/EEC
(DECT).

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All the Member States have adopted measures required under
Decision 91/396/EEC on the introduction of ‘112’ as the
standard emergency services number throughout the Union,
though the number became operational in Greece only at the
end of the year.

All the Member States have already introduced ‘00’ as the
standard code for access to the international network in the
Community, in accordance with Decision 92/264/EEC. But
the code is apparently not yet operational in Sweden, as a
complaint has been made to the Regional Administrative
Court.

Portugal,

Luxembourg,

Finally, eight Member States (Denmark, Finland, Germany,
Ireland,
the
United Kingdom) have notified national measures transposing
Directive 95/47/EC on the use of standards for the transmission
of television signals. Infringement proceedings against the
other Member States that were opened in 1997 continued in
1998 with reasoned opinions.

Spain,

and

2.11.

INFORMATION, COMMUNICATION, CULTURE AND
AUDIOVISUAL MEDIA

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 with-
out frontiers).

Several
Belgium, Finland, France, Greece, Italy and Luxembourg.

infringement proceedings are in motion against

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

This Directive amends the 1989 Directive regulating television
broadcasting activities, updating it and clarifying 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-promotion, strengthen the protec-
tion of minors,
in particular by making it compulsory to
include a warning identifying unencoded programmes which
could be harmful to minors and asking the Commission to
carry out a survey of the efficiency of v-chip type filtering
systems; and they set up a forum for consultation 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 report surveying new
technological developments.

The Member States were to bring the laws, regulations
and administrative provisions necessary to comply with the
Directive into force no later than 30 December 1998.

By 31 December most of the Member States still had to notify
the Commission of their national transposal measures.

2.12. ENVIRONMENT

The Commission monitors the application of Community
environmental law on the basis of Article 155 of the Treaty
establishing the European Community, employing the pro-
cedure laid down in Article 169. In practical terms this entails
checking that transposal measures are notified and that they
implement directives properly, and monitoring the application
of 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.

A few 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
In 1998 the Commission referred 15 cases against
law.
Member States to the Court of
Justice (one of them on
the basis of Article 171) and sent them 118 original or
supplementary reasoned opinions (four of them on the basis
of Article 171).

In 1998 the Commission continued to refer environmental
cases to the Court of Justice in accordance with Article 171 of
the Treaty. Under the second subparagraph of Article 171(2),
as amended by the Treaty on European Union, 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 periodic
penalty payments) be imposed. Article 171 has proved its
effectiveness in this instance, since Member States may now
be assumed to know that following a judgment given against
them for failure to perform their obligations they must come
into line without delay. In the environment field most cases
were terminated. Seven of the 10 cases in which the Com-
mission applied for financial penalties in fresh proceedings
since January 1997 have been settled.

The Commission decided to refer two new Article 171 cases
to the Court, one against France regarding transposal of the
Directive on conservation of wild birds (79/409/EEC) and the
other against Italy regarding transposal of the Directive on
treatment of urban waste water (reference pending). A further
12 proceedings for failure to notify measures, notification of

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incorrect transposal measures or incorrect application reached
the Article 171 letter or reasoned opinion stages. These cases
will be considered in greater detail in the sections dealing with
the different sectors below.

As announced in the Communication on implementing Com-
munity environmental law, there will be an annual survey to
amplify the information given in this section of the annual
report on monitoring the application of Community law by
adding fuller information on the environmental aspects. The
first annual survey covers the period from October 1996 to
December 1997; the next one will be published this year.

It must be borne in mind that the Commission’s monitoring
activity is not confined to actions in the Court nor even to the
final pre-litigation stage, the transmission of reasoned opinions
and the scrutiny of Member States’ responses to them. These
are but the final stages of the infringement procedure, whereas
many cases are settled without reaching those stages. This
phenomenon is particularly common in the environmental
field, where a large number of situations to which the
Commission’s attention is drawn by complaints, parliamentary
questions and petitions turn out not to be infringement
situations as there is no legal basis in Community law or the
allegation by the complainants or petitioners is unfounded in
fact or in law. The national administrations engage in extensive
correspondence and regular contacts (package and ad hoc
meetings) with the Commission, which thus exercises its
function of watchdog of Community environmental law.

The problems highlighted in previous reports with the
implementation of environmental law remain much the same,
the difficulties encountered by certain Member States in
transposing and applying it and the limits on the Commission’s
ability to monitor them. In 1998 the Commission sought to
tackle these problems and pursue active monitoring activities
with the reform of its internal rules for handling infringement
proceedings aiming to boost their speed and effectiveness.

It also continued work on the communication adopted in
October 1996 (‘Implementing Community environmental
law’) (1).

On 16 December 1998 the Commission adopted a proposal
for a Council recommendation providing for minimum criteria
for environmental inspections in the Member States (2). The
proposal is based on a study prepared by the IMPEL network
(implementation and enforcement of EU environmental law)
and sets out guidelines for inspections, consisting of minimum
criteria for organisation, operation, monitoring and publicity.
The recommendation would apply to environmental inspec-
tions of industrial plant and other plant emitting pollutants
and discharges that require authorisation; this includes nuclear
installations, also including research and medical facilities. The
aim is to boost the monitoring of the application of Com-
munity law in national legislation and ensure that Community
environmental legislation is evenly applied in all the Member
States.

law,

training for

The first annual survey begins with a presentation of the
follow-up to the communication on implementing Com-
munity environmental
including information on the
IMPEL study on minimum criteria for environmental inspec-
tions, access to justice in the Member States and environmental
complaints and verification procedures,
the
judiciary in a number of Member States, a pilot training scheme
in Community environmental law in several universities and
the proposals for penalty provisions in future Community
legislation. It then takes stock of action on a number of
horizontal matters such as the White Paper on environmental
liability, the review of Directive 90/313/EEC (freedom of access
to information on the environment) and the requirements of
Directive 91/692/EEC on the standardisation and rational-
isation of reports on the implementation of certain environ-
mental directives. It enumerates Commission publications on
the application of Community and international law (reports,
communications, etc.), gives details of the IMPEL network’s
structure and work programme, and provides information on
progress in the implementation of Community environmental
legislation
law,
transposing directives scheduled for implementation during
the period covered by the survey.

including a table of references to national

More generally, the Commission remains attentive to the
prospects offered for the implementation of Community
environmental law by a series of developments to which it has
contributed actively or which have flowed from Community
initiatives, use of agreements on environmental protection,
civil liability in environmental matters in the Member States,
extension of the IMPEL network (implementation and enforce-
ment of EU environmental law) and account taken of environ-
mental considerations in other Community policies. There was
a Commission communication to the Cardiff European Council
(June 1985) on this latter point with a view to developing a
Community strategy for integrating the environment into
European Union policies (3).

As already stated, the Commission’s monitoring of the appli-
cation of Community law takes account of three aspects:
monitoring the notification of national transposal measures,
scrutinising measures for conformity with the directives they
transpose and monitoring the practical application of directives
and regulations.

(1) COM(1996) 500 final, 22 October 1996.
(2) COM(1998) 772 final, 16 December 1998.

(3) COM(1998) 333 final.

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No significant developments have occurred since last year’s
report in the notification by Member States of measures
implementing environmental directives.

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.
Moreover, every time a new directive is adopted, the Com-
mission takes pains to remind all the Member States that
transposal must take place by the prescribed deadline.

Delays in notifying the Commission of transposal measures
are generally, and logically enough, the result of delays in
enacting them. Moreover, the measures enacted are all too
often notified only with several months’ or more delay, and
infringement proceedings have to be commenced even though
there is no real need for them. At any rate the Commission
commences proceedings whenever transposal measures are
not notified.

Looking beyond the obligation to notify measures transposing
a new directive immediately, and within the time allowed by
the directive itself, the Member States’ authorities also need to
remember to notify subsequent measures taken within the
field covered by the directive as long as it is still in force. The
Commission regrets the all too frequent failure to do so.

The causes of the delays in transposing directives are the
same as those highlighted in previous reports — internal
institutional and administrative structures of the Member
States, transposal techniques, specific difficulties in particularly
sensitive areas (chemicals, biotechnology), and possible lack of
coordination between representatives of the Member States
who negotiate the directives and the bodies in the Member
States which will be responsible for implementing them.

adjust the national legal situation to the requirements of the
directive, especially where parliamentary time must be set aside
for amending legislation, experience suggests that advantage
should be taken of all the time available for the purpose;
that would obviate the need for Commission infringement
proceedings.

A noteworthy judgment of the Court of Justice in this context
was the judgment given on 18 December 1997 in Case
C-126/96 Inter-environnement Wallonie ASBL v Région Wallonne,
on an application for a preliminary ruling from the Belgian
Conseil d’E´ tat relating to Directive 91/156/EEC. The Court
held that ‘the second paragraph of Article 5 and the third
paragraph of Article 189 of the EC Treaty, and Directive
91/156/EEC, require the Member States to which that Directive
is addressed to refrain, during the period laid down therein for
its implementation, from adopting measures liable seriously to
compromise the result prescribed’. The Court specified (1) that,
‘[it] is for the national court to assess whether that is the case
as regards the national provisions whose legality it is called
upon to consider’ and that, ‘[in] making that assessment, the
national court must consider,
in particular, whether the
provisions in issue purport to constitute full transposition of
the Directive, as well as the effects in practice of applying those
incompatible provisions and of their duration in time. For
example, if the provisions in issue are intended to constitute
full and definitive transposition of the Directive, their incom-
patibility with the Directive might give rise to the presumption
that the result prescribed by the Directive will not be achieved
within the period prescribed if it is impossible to amend them
in time’.

The Commission has decided to commence proceedings in the
Court of Justice against the United Kingdom regarding the
transposal of several environment directives in Gibraltar. The
proceedings concern directives which the United Kingdom
acknowledges are applicable in Gibraltar but for which it has
notified no implementing measures, Directives 80/51/EEC,
83/206/EEC, 86/629/EEC and 92/14/EEC (limitation of noise
emissions from subsonic aircraft). In 1998 the United Kingdom
notified measures transposing Directive 94/67/EC (inciner-
ation of hazardous waste), in respect of which infringement
proceedings had been commenced.

Several fresh directives fell due for transposal in 1998:

— Council Directive 96/59/EC of 16 September 1996 on the
disposal of polychlorinated biphenyls and polychlorinated
terphenyls (PCB/PCT) (2),

— Council Directive 96/62/EC of 27 September 1996 on

ambient air quality assessment and management (3),

It is essential that the legal and administrative work needed to
determine exactly what needs transposing be started in due
time (in some cases, existing provisions may already suffice)
and then to prepare the legal
instruments effecting the
transposal in national law. Given the time generally taken to

(1) At paragraphs 46 to 48.
(2) OJ L 243, 24.9.1996, p. 31.
(3) OJ L 296, 21.11.1996, p. 55.

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— Commission Directive 96/54/EC of 30 July 1996 adapting
to technical progress for the 22nd time Council Direct-
ive 67/548/EEC on the approximation of the laws, regu-
lations and administrative provisions relating to the classifi-
cation, packaging and labelling of dangerous substances (1),

— Directive 96/56/EC of the European Parliament and the
Council of 3 September 1996 amending Directi-
ve 67/548/EEC (2),

— Directive 97/68/EC of the European Parliament and of the
Council of 16 December 1997 on the approximation of
the laws of the Member States relating to measures against
the emission of gaseous and particulate pollutants from
internal combustion engines to be installed in non-road
mobile machinery (3),

— Commission Directive 97/49/EC of

1997
amending Council Directive 79/409/EEC on the conser-
vation of wild birds (4),

29 July

— Commission Directive 98/15/EC of 27 February 1998
amending Council Directive 91/271/EEC with respect to
certain requirements established in Annex I thereof (5),

— Commission Directive 97/69/EC of 5 December 1997
adapting to technical progress for the 23rd time Council
Directive 67/548/EEC (6).

In 1998 as in previous years, the Commission was obliged to
commence infringement proceedings in numerous cases of
failure by all the Member States to notify it of transposal
measures, though there were only one case involving Finland
and two involving Luxembourg. Details of these cases are given
in the sections relating to individual sectors and directives.

Regarding the conformity of national measures implementing
Community law, there are infringement proceedings in all
areas of environmental legislation and against all the Member
States. The Member States are under a duty not only to adopt
measures transposing directives but also to see to it that such
measures are in conformity with Community law. They do not
all do so.

Some of the causes for this have been considered in earlier
reports: distribution of powers among the different tiers of
government (national, regional and other)
in the Member
States, difficulties in transposing environmental-protection
obligations into other areas of action (agriculture, transport,
legislation inspired by
industry, etc.), pre-existing national
principles differing from those of the Directive and con-
sequently needing adjustment.

(1) OJ L 248, 30.6.1996, p. 1.
(2) OJ L 236, 18.9.1996, p. 35.
(3) OJ L 59, 27.2.1998, p. 1.
(4) OJ L 223, 13.8.1997, p. 9.
(5) OJ L 67, 7.3.1998, p. 29.
(6) OJ L 343, 13.12.1997, p. 19.

the pre-litigation stages of

In any event the Commission is at pains to check that the
Member States bring their domestic legal systems into line
with the obligations flowing from environmental Directives,
and indeed makes this aspect of its monitoring activities a
priority. At
the infringement
procedure the Member States and the Commission have the
chance to clarify points relating to this conformity of national
legislation with Community law. But the Commission sadly
still has cause to regret that the Member States do not all
routinely take the trouble, as Denmark, Finland, Germany and
Sweden do, to attach detailed explanations and concordance
tables matching national provisions with the corresponding
Community provisions, whenever they notify the Commission
of legislation and regulations designed to transpose directives.
This would cut down on misunderstandings and make prob-
lems 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. The Commission’s monitoring tasks
are further complicated by the choice of certain legislative
techniques for transposal (e.g. the use of several legal instru-
ments), 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.

Finally, it is worth noting the progress made by the three
in
newest Member States, Austria, Sweden and Finland,
incorporating Community environmental law since joining
the Community on 1 January 1995. When they acceded they
were given a four-year period of grace for certain national
provisions relating to public health and the environment by
specific provisions of their Act of Accession (7), described as
review clauses. That period expired on 31 December 1998.
During the transitional period the Union accordingly reviewed
the standards it had laid down in this field. In nearly all cases
the review process culminated in proposals for or adoption of
tighter environmental standards for the Union as a whole,
notably as regards the sulphur content of petrol (8) and the
labelling of dangerous substances (9). In other cases, the new
Member States will keep their existing standards for a longer
period. The extension is needed for further review and for the
elaboration of Community solutions (10). On 11 Decem-
ber 1998 the Commission adopted a communication on the
review clauses, that is to say on strengthening environmental
and health standards after the accession of Austria, Finland

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

(8) Commission proposal

in COM(97) 88 (12.3.1997) to replace
Council Directive 93/12/EEC of 23 March 1993 relating to the
sulphur content of certain liquid fuels (OJ L 74, 27.3.1993, p.
81).

(9) Several technical adaptations to Directive 67/548/EEC.
(10) The further review concerns different aspects of Directive
67/548/EEC and of Council Directive 76/769/EEC on the
approximation of provisions laid down by law, regulation or
administrative action of the Member States on restrictions on
the marketing and use of certain dangerous substances and
preparations, as amended.

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and Sweden to the European Union, in which it takes stock of
the process (1).

law (directives and regulations)

The Commission is also responsible for checking that Com-
munity environmental
is
properly applied. This means ensuring that Member States
(designation of areas,
fulfil certain general obligations
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.

Complaints and petitions sent to the European Parliament by
individuals and non-governmental organisations, and written
and oral parliamentary questions, play a vital role in keeping
the Commission informed of how far the obligations arising
from directives and regulations are actually complied with.
The information the Commission obtains in this way is a
valuable adjunct to the 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 its
requests for information.

The number of complaints, after falling for two years in
succession, has risen again. The largest number concerned
Spain, Germany and France, while Luxembourg, Finland and
Sweden were the least affected. If we analyse the complaints
registered in 1998 by broad categories, bearing in mind that
they often raise more than one problem, we find that one in
every two complaints was concerned with nature conservation
impact, while
and one in every four with environmental
waste-related problems were raised in one in 10 cases, as were
air pollution and water pollution.

As it stated in the previous report, 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 public. This can give rise to certain practical
difficulties, since proper scrutiny demands detailed knowledge
of the case in point, but the Commission is geographically
remote and it lacks both the powers and the ability to conduct
investigations, having no resources to carry out inspections in
the environmental field. Yet scrutiny is a vital task in the
Commission’s eyes, 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 Com-
munity rules. Moreover, it is obvious that what matters most
to the general public is whether the law is properly applied in
the situations of concern to them.

(1) Communication from the Commission to the Council and the
European Parliament. The review clause: Environmental and
health standards four years after the accession of Austria, Finland
and Sweden to the European Union: COM(1998) 745 final.

Complaints, parliamentary questions and petitions were most-
ly about specific and very practical problems directly affecting
the complainants and petitioners, environmental
impact
assessment (Directive 85/337/EEC) and the deterioration of
areas designated or awaiting designation as special protection
areas under Directive 79/409/EEC (wild birds). These problems
sometimes typify an underlying situation in one or more
Member States. A significant number of problems mentioned
in complaints stem from the incomplete or incorrect transposal
of directives. This is why, without neglecting the monitoring
of
incorrect application cases which reveal questions of
principle or administrative practices that contravene the
Directives or horizontal questions, the Commission concen-
trates its efforts on dealing with problems of conformity. In
this respect, the application of Community law might improve
if national civil servants in particular were better informed
about Community law and received better training.

2.12.1. Freedom of access to information

Directive 90/313/EEC on the freedom of access to information
on the environment is a particularly important piece of general
legislation: keeping the public informed ensures that all
environmental problems are taken into account, encourages
enlightened and effective participation in collective decision-
making and strengthens democratic control. The Commission
believes that, through this instrument, ordinary citizens can
make a valuable contribution to protecting the environment.

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 Court of Justice has not yet given judgment
in Case C-217/97 Commission v Germany relating to the
designation of the authorities to whom the Directive applies,
the exceptions from the principle of communication, part-
communication and reasonable costs of communication. The
Commission has also sent the same Member State a reasoned
opinion concerning certain aspects of implementation of the
Directive in Schleswig-Holstein.

The Commission commenced Court proceedings against Spain
on several points on which the transposal of the Directive is
not in conformity with Community law (reasonable costs,
excluded categories of information). It also referred to the
Court a case against Portugal, firstly for failure to notify the
Commission of the report required by Article 8 of the Direc-
tive, and secondly for non-conformity of its legislation trans-
posing the Directive with reference to the designation of the
authorities to whom it applies, the persons enjoying the right
of access, the nature of the information to be given and the
excluded categories of information.

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A reasoned opinion was addressed to Belgium on several
aspects in which transposal was incorrect, both at federal level
and in the Flanders and Wallonia Regions. The United
Kingdom amended its earlier regulations in response to the
Commission’s proceedings. Proceedings are still
in motion
against other Member States, though those against Italy have
been terminated, as have those against
Ireland following
notification of new legislation and the Netherlands following
notification of an Act passed on 12 March 1998.

The Commission is continuing to receive complaints concern-
ing the non-conformity of transposal measures. 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 depart-
ments 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, the Com-
mission will present its own report to Parliament, probably
before the end of 1998, together with any proposals it has for
revising the Directive. On 25 June 1998 the Community and
the Member States signed the Convention of the United
Nations Economic Commission for Europe on Access to
Information, Public Participation in Decision-making and
Access to Justice in Environmental Matters. This Convention
can be seen as a step forward in the protection of individuals’
rights to live in a clean environment where health and
well-being are secured. The fact that the Community signed
the Convention is significant as this is the first
legally
mandatory instrument applying explicitly to the Community
institutions. The Commission will be attaching priority to its
ratification.

Finally, in Case C-321/96 Wilhelm Mecklenburg v Kreis Pinneberg
— Der Landrat the Court of Justice gave a preliminary ruling
requested by a German court interpreting certain concepts
contained in the Directive. It held that,
‘Article 2(a) of the
Directive must be interpreted as covering a statement of views
given by a countryside protection authority in development
consent proceedings if that statement is capable of influencing
the outcome of those proceedings as regards interests per-
taining to the protection of the environment’. It thus acknowl-
edged that the Community legislature was attaching a broad
meaning to the concept of information relating to the environ-
ment, extending to both data and activities affecting these
sectors without excluding any of the activities of public
authorities. The Court made clear that the term “measures”
serves merely to make it clear that the acts governed by the
Directive included all forms of administrative activity... . It is
sufficient for the statement of views put forward by an
authority, such as the statement concerned in the main
proceedings, to be an act capable of adversely affecting or
protecting the state of one of the sectors of the environment
covered by the Directive’.

Moreover, the Court held that the expression ‘preliminary
investigation proceedings’ (third indent of Article 3(2)) must
be interpreted as ‘including an administrative procedure which
merely prepares the way for an administrative measure, only if
it immediately precedes a contentious or quasi-contentious
procedure and arises from the need to obtain proof or to
investigate a matter prior to the opening of
the actual
procedure’. The preliminary investigation must therefore be
seen as the preliminary to the judicial inquiry or procedure.
Where there is an exception from the principle of freedom of
access to information on the environment secured by the
third indent of Article 3(2) of the Directive, this cannot be
interpreted as extending beyond what is necessary to secure
the protection of the interests it is intended to uphold.

2.12.2. 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.

Belgium has now given effect to the judgment given by the
Court of Justice on 2 May 1996 (Case C-133/94) by rectifying
the defects in its transposal of Annex I to the Directive (1); it has
also amplified its transposal of the provisions for cross-border
consultations (2) and of Annex II (3);
the Commission has
accordingly terminated its proceedings.

The deadline for transposal of Directive 97/11/EC amending
Directive 85/337/EEC falls on 14 March 1999;
transposal
ahead of deadline is always an option.

On 20 October 1998 the European Parliament gave its opinion
at first reading on the Commission proposal of December
1996 for a directive on the assessment of the effects of certain
plans and programmes on the environment(4). The aim of this
proposal is to incorporate environmental considerations into
the preparation and adoption of
instruments setting the
context for future projects.

(1) Royal Decree of 23 December 1993 (protection of the people and
workers against the dangers of ionising radiation); Decrees of the
Flemish Government of 4 February 1998 (environmental impact
assessment of certain categories of establishment emitting nuis-
ances; other works and actions).

(2) Decree of the Government of the Brussels Region; see Decrees of

the Flemish Government of 4 February 1998, supra.
(3) Decree of the Flemish Government of 10 March 1998.
(4) COM(1998) 511 final.

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Many complaints received by the Commission and petitions
presented to Parliament denounce,
if only in passing, the
incorrect application of Directive 85/337/EEC by national
authorities. 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 from the
evaluation of the impact assessment (particularly following
public enquiries) in the final decision. As stated in the past, 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 (1), it is difficult to verify the compliance
with them by the national authorities; moreover, it is not
always easy to contest
the merits of a choice taken by
the national authorities. 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 decentral-
ised level, particularly through the national courts.

In 1998 the Court of Justice gave two judgments clarifying the
scope of certain provisions of Directive 85/337/EEC.

In its judgment of 18 June in Case C-81/96 Burgemeester
en Wethouders van Haarlemmerliede en Spaarnwoude et al v
Gedeputeerde Staten van Noord-Holland the Court gave a prelimi-
nary ruling requested by the Dutch Raad van State on the
application of the Directive’s impact assessment procedure to
new land-use structural plans. The question was whether it
was compatible with the Directive to carry out a project on
the basis of an authorisation given before the Directive entered
into force without undertaking an environmental
impact
assessment, the project now being in Annex I (assessment
compulsory in all cases) and the authorisation not having been
acted on immediately.

the Directive, but the authorisation was not preceded by an
assessment meeting the Directive’s requirements and was
not acted on and a new authorisation procedure formally
commenced after that date.

Germany’s infringement, concerning the projects covered, was
then acknowledged by the Court of Justice on 22 October
(Case C-301/95), when it ruled on the Commission action
against it for failure to discharge its obligations. The Court
held first that the German Government had not adopted the
measures required to comply with the Directive, notably at
Länder level, within the time allowed. As for failure to apply
the Directive to projects approved after 3 July 1988, the Court
held that, by failing to impose an obligation to assess the
environmental
impact of all projects assessable under the
Directive where the authorisation procedure had been com-
menced after that date, Germany had failed to discharge its
obligations. Regarding incomplete transposal of Article 2 of
the Directive in relation to the projects listed in Annex II, the
Court held that by the advance exclusion of the obligation to
the classes of
assess the environmental
projects listed there, Germany had again failed to discharge its
obligations. But on the question of the incomplete transposal
of Article 5(2), the Court held that this provision stipulated the
minimum content of the information to be given by the
project manager. It held that where, by reason of the federal
structure of
the Member State, other specific provisions
enacted by the federal or Länder Governments imposed
requirements corresponding to the particular needs of the
various areas of activity covered by the Directive, Article 13
empowered the Member States to enact more stringent rules
than those of the Directive. The Court accordingly dismissed
the action.

impact of all of

The actions for incorrect transposal against Ireland (Case
C-392/96) and Portugal (Case C-150/97) are still in motion.

The Court held that Directive 85/337/EEC did not empower a
Member State to release from environmental impact assess-
ment obligations projects listed in Annex I where they were
authorised before 3 July 1988, the deadline for transposal of

(1) For example Articles 3 and 5 and Annex III.

On 17 December 1998 Mr Advocate-General Tesauro pre-
sented his submissions in Case C-392/96, proposing that the
Court hold that, by not adopting all the necessary measures to
properly transpose Article 4(2) as regards projects falling
within points 1(b), (d) and (e) and 2(a) of Annex II to Directive
85/337/EEC, and only partly transposing Article 2(3), (5) and
(7), Ireland had failed to fulfil its obligations under Article 12.
The case related particularly to Ireland’s determination of
thresholds for types of project such as allocation of uncultiv-
ated land and land in a semi-natural state for reuse for intensive
farming,
initial reforestation where there was a potential
negative ecological impact, and land clearance with a view to

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use of the land for a different purpose, farms capable of being
used for poultry-farming or peat-extraction, the thresholds
being so high that in practice a large number of projects with
a considerable environmental impact were taken out of the
assessment procedure provided for by the Directive. Ireland
did not contest that it had failed to transpose Article 2(3), (5)
and (7).

applying the Directive by failing to notify the Commission of
the locations of the measuring stations or of ozone levels
exceeding the population information and warning thresholds
(180 (cid:236)g/m3 and 360 (cid:236)g/m3) laid down in Annex 1 to the
Directive. However, France subsequently took steps to improve
its application of
the Directive. The proceedings against
Sweden for failure to report the transposal measures were
similarly terminated, once Sweden had adopted the appropri-
ate measures.

On 13 October Mr Advocate-General Mischo presented his
submissions in Case C-150/97 Commission v Portugal proposing
that the Court declare that Portugal’s failure to adopt the
provisions of law, regulation or administrative action needed
for full compliance with Directive 85/337/EEC constituted a
failure to meet the obligations of Article 12(1) of the Directive.
The action concerned not only failure to comply with the
deadline for transposal but also the fact that, under the
Portuguese legislation transposing the Directive after the due
date was passed (1), it did not apply to projects for which the
authorisation procedure was in progress when it entered into
force, on 7 June 1990. Here the Advocate-General refers to
earlier cases in which the Court had held that there was
nothing in the Directive to allow the Member States to
interpret it as authorising them to release from the assessment
obligation projects for which the authorisation procedure was
in progress on the 3 July 1988 deadline.

The Commission decided on similar action against Germany
regarding its Motorways Act. A supplementary reasoned
opinion was addressed to Italy and a reasoned opinion to the
United Kingdom. However,
in the United Kingdom, new
transposal measures for England, Wales and Scotland were
adopted in 1998. Infringement proceedings are also in motion
concerning incorrect application in Ireland. The Commission
decided to send a supplementary reasoned opinion to Spain
regarding the absence of provision for impact assessments for
most Annex II projects.

2.12.3. Air

Some proceedings in this sector were terminated after the
situations that had given rise to them were put right. There are
still certain problems outstanding in connection with the
directives on incineration and directives with imminent trans-
posal deadlines.

There was marked improvement in the application of Direct-
ive 92/72/EEC (air pollution by ozone), which led to the
termination of infringement proceedings that had been insti-
gated. For example, in 1998 the Commission had decided to
refer a case against France to the Court of Justice for incorrectly

(1) Decree-Law 278/97, 8 October 1997.

Germany put an end to its delays in reporting its national
measures transposing Directive 94/63/EC (emissions of vol-
atile organic compounds) and the Commission terminated the
proceedings against it accordingly.

Italian courts referred cases to the Court of
Justice for
preliminary rulings 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
(hydrochlorofluorocarbons), gases which are dangerous for
the environment. In its judgments given on 14 July 1998 in
Cases C-284/95 and C-341/95, the Court held that Article 5
of the Regulation was to be interpreted as prohibiting entirely
the use and, consequently, the marketing of hydrochloro-
fluorocarbons for fire-fighting and that consideration of the
questions submitted had not disclosed any factor of such a
kind as to affect the validity of the Article.

Council Directive 96/62/EC on ambient air quality was due to
be transposed by 21 May 1998. This Directive is to 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, to
lay down information and alert thresholds, to harmonise
air quality assessment methods and to improve air quality
management with a view to protecting human health and
ecosystems. The Commission decided to send a reasoned
opinion to Greece, Spain, Portugal, Ireland, Italy, Sweden and
the United Kingdom, given their total or partial failure to enact
national transposal measures by the prescribed deadline.

Council Directive 97/68/EC on the emission of gaseous and
particulate pollutants from internal combustion engines to be
installed in non-road mobile machinery was due to be
transposed by 30 June. The Commission decided to send a
reasoned opinion to Belgium, Greece, France, Portugal, Ireland,
Italy, Luxembourg, Austria and the United Kingdom, given
their total or partial
transposal
measures by the prescribed deadline.

failure to enact national

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Finally, Directive 98/70/EC of the European Parliament and of
the Council of 13 October 1998 relating to the quality
of petrol and diesel fuels and amending Council Directive
93/12/EEC (1) was adopted in 1998; it will shortly be due for
transposal.

2.12.4. Water

The Commission takes the task of monitoring implementation
of Directives seriously. Around a quarter of all current
environmental
infringement proceedings concern water. In
addition, the Commission must respond to complaints and
it spends quite a
petitions to Parliament. Consequently,
considerable amount of time on Community legislation on
water quality. This state of affairs is a result of the quantitative
and qualitative significance of the responsibilities imposed on
the Member States by Community law, and also the growing
public concern about water quality.

There are several proceedings currently under way relating to
infringements of Directive 75/440/EEC concerning the quality
required of surface water intended for the abstraction of
drinking water. 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 terminated the Article 171 pro-
ceedings opened against Germany following the Court’s judg-
ment of 17 October 1991 in Case C-58/89, after Germany
notified the Commission of a systematic organic plan for the
whole of the country. This meant the Commission dropping
Case C-122/97 it had taken to the Court of Justice.

The Court of Justice found against Portugal in two cases. The
first was the judgment of 17 June 1998 in Case C-214/97 for
failure to have a systematic organic action programme for the
whole country. The Court held that the documents provided
by the Portuguese authorities did not constitute a systematic
action plan, despite their title and the projects described in
them, because there was no timetable for water improvement
and they did not cover certain waterways; nor did they
not make for a proper framework for making substantial
improvements to water quality. However a systematic action
plan has since been notified.

judgment was given on
In the second case (C-229/97)
15 October 1998;
it related to inaccurate and incomplete
sampling methods pursuant to Directive 79/869/EEC, adopted
on the basis of Directive 75/440/EEC. However, a decree-law
designed to bring national law in line with the Directive was
adopted on 1 August 1998 and reported to the Commission.

(1) OJ L 350, 28.12.1998, p. 58.

The Commission also decided to take France to the Court of
Justice for its use of nitrate-polluted water in Brittany to
produce drinking water without having implemented a plan
for managing this water resource to eventually restore its
quality. An additional reasoned opinion was sent to Italy
regarding its lack of a systematic organic action programme
for the whole country. The United Kingdom notified measures
for the transposal of the Directive and action programmes.

With regard to Directive 76/160/EEC concerning the quality
of bathing water, monitoring of bathing areas is becoming
increasingly common and water quality is improving. How-
ever, 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.

While the infringement proceedings against Finland for failure
to report national
implementing measures for Åland were
dropped,
the same does not go for Austria, which the
Commission decided to take to the Court of Justice. The
Commission also sent a reasoned opinion to Germany with
the same objections concerning the six new Länder, following
which it received notification of the national implementing
measures for five of them.

The Commission had to commence Article 171 proceedings
against the United Kingdom in the Blackpool case for its failure
to comply fully with the Court’s judgment of 14 July 1993
(Case C-56/90). Case C-198/97, relating to water quality and
frequency of sampling in Germany, is still in motion.

In Case C-92/96 Commission v Spain the Court of Justice gave
judgment on 12 February 1998 holding that Spain had failed
to fulfil its obligations to take the necessary measures to bring
the quality of inland bathing waters into line with the limit
values set by Article 3 of Council Directive 76/160/EEC of
8 December 1976. This was the first case in which a Member
State was prosecuted for complete failure to bring its bathing
water in line with the quality requirements of the Directive.

The Commission also brought action against Belgium for
inadequate monitoring and for several of its bathing areas not
satisfying the requirements (Case C-307/98).

The Commission sent reasoned opinions to France and the
Netherlands concerning water quality and the frequency of
sampling and decided to address one to Portugal. Infringement
proceedings concerning the application of the Directive are
also under way against Italy. And a reasoned opinion is to be
sent to Denmark and Finland for failure to take measures
relating to the total coliforms parameter, one of the mandatory
provisions of the Directive.

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The Commission has received a large number of complaints
about the grant of the ‘blue flag’ in relation to the quality of
bathing waters. This a valuable consumer-information initiat-
ive but it is not a Community measure and is not provided for
by Directive 76/160/EEC;
the Commission is accordingly
unable to act on these complaints.

the Commission’s view that

developments bear out
the
programmes for reducing water pollution from dangerous
substances laid down in Article 7 of Directive 76/464/EEC
may play a significant role in improving water quality.
The Commission is committed to seeing these programmes
implemented in all Member States.

Proceedings have been started against most Member States over
their implementation of Directive 76/464/EEC on dangerous
substances discharged into the aquatic environment and other
Directives setting levels for individual substances.

In its judgment of 11 June 1998 in Case C-206/96 the Court
of Justice found against Luxembourg for its failure 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 and for the inadequacy of the pro-
grammes it did report. This was the first Court judgment
concerning a Member State’s complete failure in this respect.
The Court found that Luxembourg had not adopted pollution
reduction programmes for 99 substances on List II. The waters
concerned are those affected by pollution as defined in
Article 1 of
the Directive. Luxembourg has subsequently
notified the Commission of a plan designed to bring it in line
with Article 7 of the Directive.

On 1 October the Court gave judgment against Italy in Case
C-285/96, where, as in the Luxembourg case, it held that there
had been a failure to fulfil obligations in respect of 99
substances on List II and confirmed that the Member States
concerned by pollution by the substances to which Directive
76/464/EEC applies must prepare specific programmes to
reduce such pollution. On 25 November it gave judgment in
Case C-214/96, which the Commission had brought against
Spain on the same grounds but in relation to all the List II
substances as the proceedings were not confined to the 99.

Court of Justice proceedings based on the same objections,
that were initiated in 1996 and 1997, are still under way
against Germany (Case C-184/97), Belgium (Case C-207/97)
and Greece (Case C-384/97). In 1998 the Commission also
instigated proceedings against Portugal (Case C-261/98) and
the Netherlands (Case C-152/98). There are also proceedings
against France. The proceedings against Ireland are still under
way, although certain progress is now being made. But the
Commission was able to drop the proceedings against Den-
mark after it adopted and implemented programmes com-
plying with the requirements of Article 7 of Directive
76/464/EEC. The United Kingdom made considerable progress
and reported measures for Scotland and Northern Ireland (1),
for which there had been no programmes previously. These

The Court of Justice also found against Portugal in two cases
relating to discharges of dangerous substances. In its judgment
of 18 June 1998 in Case C-208/97 the Court found that
Portugal had no programmes specifically designed to eliminate
discharges of mercury as laid down in Directive 85/156/EEC.
In its judgment of 28 May 1998 in Case C-213/97 the Court
found that Portugal had incorrectly transposed Directive
86/280/EEC as amended, pursuant to Article 6 of Directive
76/464/EEC laying down limit values and quality targets for
certain substances. In both cases the Commission decided to
initiate Article 171 proceedings.

The Commission has continued to observe that the inadequacy
of the reduction programmes leads to many instances of
incorrect application of the Directive, such as pollution of
certain watercourses by agricultural or industrial discharges,
and that only a comprehensive approach to the problem can
solve these case-specific difficulties. Furthermore, there are still
problems in certain Member States concerning the lack of
systematic authorisation prior to discharge operations. For
example, in its judgment of 11 June 1998 in Joined Cases
C-232/95 and C-233/95, the Court found that Greece had
not implemented pollution reduction programmes for Lake
Vegoritis, the Soulos river or the Gulf of Pagasai in relation to
the substances in List II of Directive 76/464/EEC. The judgment
also stated that since there were no Article 7(1) programmes,
no prior authorisation under Article 7(2) could have been
given, since such authorisations include emission standards
and have to be based on the programme’s quality targets.

The Commission decided to commence Article 171 proceed-
ings. The Commission also sent a reasoned opinion to Portugal
concerning discharges from an agri-food factory in Santo Tirso
and the Portuguese authorities replied by reporting measures
which look likely to resolve the problem satisfactorily.

(1) The Surface Water (dangerous substances)(classification) Regu-
lations (Northern Ireland) 1998 (SR. 1998 No 397); The Surface
Waters (dangerous substances)(classification)
(No 2)
Regulations 1998 (SI 1998 No 1344).

(Scotland)

The Court of Justice has also been asked for (but has not yet
given) two preliminary rulings by the Dutch Raad Van State
(Cases C-231/97 and C-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 creo-
soted wood (creosote is derived from tar and is used as an

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antiseptic) into surface waters. The second question also relates
to the meaning of the term ‘pollution from significant sources’,
as it appears 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.

Progress was made on Directive 78/659/EEC on freshwaters
supporting fish life and Directive 79/923/EEC on shellfish
waters. The Article 171 proceedings that had been started
against Germany concerning Directive 78/659/EEC following
the judgment of 12 December 1996 in Case C-298/95 were
dropped after satisfactory measures were taken. Further to the
judgment of 9 March 1994 in Case C-291/93 concerning the
same Directive, Italy made considerable progress, designating
most of the waters concerned and adopting pollution reduction
programmes. Infringement proceedings against Italy are still
open following the judgment of the Court of 4 December 1997
in Case C-225/96 finding that Italy had failed to set binding or
recommended values for certain dangerous substances or to
designate all waters qualifying as shellfish waters as required
by Directive 79/923/EEC.
In 1998 the United Kingdom
notified new measures transposing Directives 78/659/EEC and
79/923/EEC.

A number of infringement proceedings have been initiated
with regard to implementation of Directive 80/68/EEC on
the protection of groundwater against pollution caused by
certain dangerous substances.
In its judgment of 18 June
1998 in Case C-183/97 the Court found against Portugal
for non-compliance, but, as mentioned above, Portugal then
notified the Commission of
the decree-law of 1 August
1998, which was intended to transpose the Directive. The
Commission also went ahead with proceedings against the
United Kingdom for polluting underground waters with
substances used in sheep rearing, although the case may be
dropped before the legal proceedings
since the
Commission has been notified of several regulations that
look likely to resolve the problem. The Commission brought
an action against Ireland (Case C-331/98) for its legislation
not complying with Directive 80/68/EEC as regards certain
aspects of discharges by the health authorities.

start,

in Case C-340/96
to give judgment
The Court has yet
concerning the British undertakings on Directive 80/778/EEC
on the quality of water intended for human consumption,
where the undertakings were felt by the Commission to be
unsatisfactory both in substance and in form. Proceedings are
also under way against Portugal for non-compliance, although
it has notified the Commission of a decree-law of 1 August
1998 which is designed to transpose the Directive.

The Commission sent a reasoned opinion to Austria for the
manner in which it had opted to transpose the Directive. In
contrast, the Commission was able to drop the proceedings
that had been started against France following a petition
received by the European Parliament concerning the distri-
bution of water in the département of Eure (nitrates present in
water), since the latest information received showed that the
Directive was being complied with as a result of proper action
taken by the authorities.

Although the Commission continues to receive many com-
plaints concerning incorrect implementation of this Directive,
not all of them result in infringement proceedings as the
burden of proof is on the Commission and complainants often
have problems obtaining evidence.

As of the year 2003 Directive 80/778/EEC will be superseded
by Council Directive 98/83/EC on the quality of water
intended for human consumption (1), which was adopted on
3 November 1998.

The Community has two legislative instruments aimed specifi-
cally at combating pollution from phosphates and nitrates and
the eutrophication they cause.

The first, Directive 91/271/EEC, concerns urban waste-water
treatment. Member States are required to ensure that, from
1998, 2000 or 2005, depending on population size, all cities
have urban waste water collection and treatment systems. Up
to now, the Commission’s task has been restricted to checking
that implementing measures were reported and complied with
the Directive. Since 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 and
regional policy, the Community is also supporting the Member
States’ efforts to install the necessary facilities.

The Commission was able to drop the Article 171 proceedings
against Germany following the judgment of 12 December
1996 in Case V-297/95 and the Article 169 proceedings
against Portugal, following adoption of the requisite measures
by the two Member States. In contrast, it decided to take Italy
to Court a second time (Article 171 proceedings) for not
having national legislation transposing the Directive. Proceed-
ings are also continuing against Greece, Belgium and Spain
for transposing the Directive incorrectly or not applying it
properly.

On 27 February the Commission adopted Directive 98/15/EC
amending Directive 91/271/EEC as regards certain provisions
of Annex I (2).

(1) OJ L 330, 5.12.1998, p. 32.
(2) OJ L 67, 7.3.1998, p. 29.

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second

The
is Directive
anti-eutrophication measure
91/676/EEC concerning the protection of waters against
pollution caused by nitrates from agricultural sources. The
Commission has continued to attach considerable importance
to proceedings initiated to enforce this Directive. Proceedings
are under way against most Member States, focusing on
various obligations imposed by the Directive: adoption of
implementing measures, designation of vulnerable areas, draw-
ing up of codes of practice for agriculture, drawing up of action
programmes, monitoring of the concentration of nitrates in
waters and reporting on implementation of the Directive. As
different proceedings have been instigated, it has become clear
that while things have, generally speaking, been moving in
the right direction in certain areas, such as notification
of implementing measures and designation of areas, new
difficulties have arisen in other areas, such as problems with
the drawing up of action programmes and their contents.

in its judgment of 1 October 1998 in Case
For example,
C-71/97 the Court of Justice found against Spain for failure to
draw up codes of practice or designate vulnerable areas. This
is the first major judgment concerning the action to be taken
on the practical obligations imposed by the Directive. Action
is now, however, being taken in Spain to come in line with the
Directive.

Another action was brought against Spain (Case C-274/98) for
its lack of action programmes. The Court has yet to rule in
the proceedings against
Italy on similar objections (Case
C-195/97). The Commission was able to drop Case C-173/97
against Greece and Case C-227/97 against Portugal, after they
reported their national implementing measures and designated
the vulnerable areas.

The Commission brought an action against Italy concerning
the drawing up of action plans and the sending in of reports.
It also sent reasoned opinions to Belgium concerning reporting
national implementing measures, the drawing up of codes of
practice and the designation of vulnerable areas, to the United
Kingdom concerning the designation of areas and drawing up
of programmes and Luxembourg concerning the drawing up
of codes of practice and programmes and the sending in of
reports. The Commission dropped the proceedings against
Finland and Portugal concerning the lack of monitoring and
action programmes. France, which had been sent a reasoned
opinion by the Commission,
finally adopted action pro-
grammes for all the vulnerable areas in the country.

The Court of Justice has yet to rule on the request for a
preliminary ruling by a British court (Case C-293/97) on the
definition of ‘waters affected by pollution’. Under Article 3 of
Directive 91/676/EEC, areas draining into water known to be
affected by pollution must be designated as vulnerable zones.
The Advocate-General presented his
on
8 October.

submissions

The Commission also started infringement proceedings against
several Member States concerning Directive 91/692/EEC on
the standardisation and rationalisation of reports in the water
sector. Certain Member States had failed to send in the reports
they were obliged to draw up on the implementation of certain
directives or had sent them in late or incomplete. As a result
the Commission has not been able to draw up properly the
Community reports it is required to produce. In this light, the
Commission sent a reasoned opinion to Ireland and decided
to take the same action against Luxembourg, Belgium, Portugal
and Italy.

Lastly, it should be pointed out that Community legislation on
water is currently being revised to reflect the changes which
have taken place in the 20 years since the policy was first
formulated. This involves introducing stricter standards and
introducing the concept of river basin management. The
framework Directive proposed by the Commission in February
1997 on harmonising water quality parameters and protecting
all types of water is in the process of being adopted. 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 78/659/EEC) or shellfish
(Directive 79/923/EEC). The regulations set out in Directive
76/464/EEC (discharges into water) and related implementing
Directives should also come within the scope of the framework
Directive.

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)
contains rules on water pollution.

2.12.5. Nature

The Commission also sent reasoned opinions to Portugal
and Germany concerning certain transposal measures or the
the action programmes implemented,
non-compliance of
respectively. It decided to take the same action against Greece,
too, concerning action programmes.

There are two major Community Directives aimed at pro-
tecting nature: Directive 79/409/EEC on the conservation of
wild birds and Directive 92/43/EEC making increased demands
on Member States with regard to the conservation of natural
habitats and of wild fauna and flora.

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The transposal of Directive 79/409/EEC is moving ahead, but
there have also been some less encouraging developments.
Some progress has been made, particularly with regard to
systems of protection for wild species (Article 5) and the
conditions for derogating from the obligation to protect birds
(Article 9). As a consequence the Commission was able to
drop Article 171 proceedings against Belgium (transposal of
Articles 5 and 9) following the adoption in December 1997 of
a Decree by the Flemish Region. Similarly, Spain adopted
the Act of 5 November 1997 which sets out derogation
possibilities in line with Article 9, and Finland adopted a decree
on hunting on 27 November 1998 aimed at bringing national
legislation into line with Directive 79/409/EEC.

However, other implementation problems remain unresolved.
Article 171 proceedings against France (transposal of Article 5
in relation to several species of birds) have been referred to the
Court for a second time (Case C-373/98) for failure, 17 years
after the Directive entered into force and 10 years after the
ruling, to implement the Directive properly and in full. When
referring the case to the Court the Commission also proposed
that France should be required to pay a daily fine of
ECU 105 000 from the date of the second judgment. In several
Member States provision is not always made for certain
activities (such as hunting, regulation of species and trade) in
line with Article 9. The Commission has therefore decided to
refer cases involving France and Italy to the Court of Justice
for failure to transpose Article 9, and Belgium, as regards
Article 6.

The Commission has also decided to refer the matter of the
opening and closing dates of the hunting season for migratory
birds in France to the Court
for non-compliance with
Article 7(4);
it had received numerous complaints on the
subject, and Parliament had received numerous petitions, some
supporting and some opposing the French system of open and
closed seasons to which the Commission took objection.

Although the deadline for transposal of 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 to be transposed concern Article 6 on the protec-
tion of habitats in the special conservation sites which are to
be set and Articles 12 to 16 on protection of species.

of the Directive (2) and has decided to do the same with regard
to Finland’s problems with the Åland islands, if the recently
adopted legislation does not transpose the Directive in full.
Since then Finland has, however, notified legislation transpos-
ing the Directive in the Province.

The proceedings which resulted in a judgment against Germ-
any were terminated following the adoption of legislation in
1998 (3). Spain also issued a royal decree in June 1998 to
ensure that its legislation was in line with Article 16 of the
Directive on conditions for derogating from the obligation to
protect species, while Finland issued the abovementioned
decree on hunting on 27 November 1998, avowedly to bring
Finnish legislation into line with Directives 92/43/EEC and
79/409/EEC.

As in the past, the main problems with the implementation of
Directives 79/409/EEC and 92/43/EEC relate to the protection
of sites and habitats, either in connection with the designation
of special conservation sites for birds or their selection for
inclusion in the Natura 2000 network and the protection of
sites of natural interest.

Problems still arise in several Member States with Article 4 of
Directive 79/409/EEC, which requires that sites shall be
designated special protection areas (SPAs)
for wild birds
wherever the objective ornithological criteria are met. Though
the special protection areas for wild birds are set to join the
Natura 2000 network, the obligation imposed by Article 4 of
Directive 79/409/EEC is legally quite distinct from the obli-
gation under Directive 92/43/EEC concerning the step-by-step
creation 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.

The sites concerned provide a habitat for the species referred
to in Annex 1 to the Directive, and migratory species. 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-44/95) concerning
the Lappel Bank site in the Medway estuary near the port of
Sheerness in Kent (United Kingdom): special protection areas
must be selected and their borders drawn on the basis of
ornithological and ecological criteria only; economic and social
criteria may not be taken into consideration.

Following the Court’s judgment finding against Greece for
failure to notify implementing measures (1), the Commission
has pursued the implementation of the ruling on the basis of
Article 171 of the Treaty, sending a reasoned opinion to the
Greek authorities. The Commission has also referred a case
involving France to the Court for failure to transpose Article 6

The Commission is therefore pressing ahead with infringement
proceedings in certain key cases. Following the Court judgment
on the Santon˜ a marshes in Spain,
is continuing with
Article 171 proceedings with a view to obtaining full
implementation of the ruling. The proceedings against France

it

(1) Judgment of 26 June 1997, Case C-329/96.

(2) Case C-256/98.
(3) Judgment of 11 December 1997, Case C-83/97.

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in connection with the Seine estuary (Case C-166/97) are
continuing (the Advocate-General presented his submissions
on 10 December) and the Commission has also referred to the
Court the cases of the Marais Poitevin (Case C-96/98) and the
Basses Corbières/Vingrau (Case C-374/98). Proceedings are
continuing against France in connection with the Baie de
Canche and the Platier d’Oye, the Plaine des Maures and the
Basse Vallée de l’Aude. The Commission has brought an action
against the Netherlands in connection with the Waddenzee
area (Case C-63/98), but has dropped proceedings against
Spain concerning Fuerteventura in the Canary Islands.

to classify SPAs. In the circumstances, IBA 89 had proved to
be the only document containing scientific evidence making it
possible to assess whether the defendant State had fulfilled its
obligation to classify as SPAs the most suitable territories in
number and area for conservation of the protected species.
The situation would have been different if the Kingdom of the
Netherlands had produced scientific evidence in particular to
show that the obligation in question could be fulfilled by
classifying as SPAs territories whose number and total area
were less than those resulting from IBA 89.

Although areas should have been designated when the Direc-
tive entered into force in 1981, existing sites in a number of
Member States are still too few in number or cover too small
an area.

The Commission is continuing Article 171 proceedings to
obtain implementation of the judgments against the Nether-
lands.

On 19 May the Court of Justice delivered a significant judgment
against the Netherlands in an infringement case (Case C-3/96).
The Court confirmed, as it did on 2 August 1993 in Commission
v Spain (Case C-355/90), that ‘while the Member States have a
certain margin of discretion in the choice of SPAs,
the
classification of those areas is nevertheless subject to certain
ornithological criteria determined by the Directive. It follows
that the Member States’ margin of discretion in choosing the
most suitable territories for classification as SPAs does not
concern the appropriateness of classifying as SPAs the territor-
ies which appear the most suitable according to ornithological
criteria, but only the application of those criteria for identifying
the most suitable territories for conservation of the species
listed in Annex I to the Directive. Consequently, Member States
are obliged to classify as SPAs all the sites which, applying
ornithological criteria, appear to be the most suitable for
conservation of the species in question. Thus where it appears
that a Member State has classified as SPAs sites, the number
and total area of which are manifestly less than the number
and total area of the sites considered to be the most suitable
for conservation of the species in question, it will be possible
to find that that Member State has failed to fulfil its obligation
under Article 4(1) of the Directive. The Court accordingly
dismisses the Netherlands Government’s argument that the
Commission must establish, territory by territory, specific
infringements of that provision’.

It continued proceedings against other Member States, sending
reasoned opinions to Finland, Germany, Italy and Portugal.
Proceedings have been started against other Member States,
but the Commission has deferred its decision to bring an
action against Luxembourg at the Court of
Justice, after
Luxembourg designated several SPAs in October 1998.

the Natura 2000 network,

Significant progress has been made as regards the setting up
of
the Community’s network
linking all sites set up under Directive 92/43/EEC, demonstrat-
ing growing appreciation of the innovative approach of the
Directive, which involves gradually building up the network,
extensive discussions between the Commission and the Mem-
ber States and a legal set-up for special conservation sites
which paves the way for management plans (possibly even
contractually binding ones), and makes allowance for exemp-
tions from the ban on deterioration and disturbance where
this conflicts with overriding public interests.

The Court went on to acknowledge the relevance of the
Inventory of Important Bird Areas in the European Community
prepared for the competent Directorate-General of the Com-
mission by the Eurogroup for the Conservation of Birds and
Habitats in conjunction with the International Council of Bird
Preservation and in cooperation with Commission experts.
That inventory, although not legally binding on the Member
States concerned, could, by reason of
its acknowledged
scientific value in the present case, be used by the Court as a
basis of reference for assessing the extent
to which the
Kingdom of the Netherlands had complied with its obligation

Member States continued to propose conservation sites within
the meaning of Directive 92/43/EEC, which is to be welcomed,
even if none of them had provided the Commission with a full
list of proposed sites by the June 1995 deadline laid down by
the Directive. The Commission dropped proceedings against
Greece and Portugal for complete or partial failure to produce
a list. Austria, Denmark, Italy, Luxembourg, the Netherlands,
Spain and Sweden all sent in comprehensive lists of sites
currently being studied, and the Commission was accordingly
able to suspend infringement proceedings in these cases at the
end of 1998. At the end of the year France, Germany and
Ireland were still lagging behind and the Commission has
decided to bring actions against them.

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A court in the United Kingdom has asked for a preliminary
ruling under Article 177 of the EC Treaty regarding the scope
of the obligation to select sites to constitute the Natura 2000
work (Case C-371/98).

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.

deterioration or disturbance except under certain conditions.
First a proper 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.

Problems with the implementation of Directive 92/43/EEC
may also arise with regard to the protection of species
rather than sites. For example, the Commission has started
infringement proceedings against Greece for threats to the
loggerhead turtle (Caretta caretta) on the island of Zakynthos.

The Commission has maintained its strict policy with regard
to the granting of Community funding for conservation of
sites under the LIFE Regulation on sites being integrated or
already integrated into the Natura 2000 network. Furthermore,
it scrutinises requests for cofinancing from the Structural
Funds (particularly objectives 2 and 5b) very thoroughly for
compliance with environmental regulations.

In response to infringement proceedings commenced by the
Commission, Greece notified Act 2637 of 27 August 1998
properly implementing Regulation (EC) No 338/97 on the
implementation in the Community of the 1973 Washington
Convention on international trade in endangered species of
wild fauna and flora (the CITES convention).

The Commission is still receiving a large number of complaints
concerning unsatisfactory implementation as a result of spec-
ific local problems, underlining the practical difficulties which
sometimes arise where there is a potential for conflict between
the need to protect sites and social and economic consider-
ations. Another explanation is that Directives 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. Consequently,
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.

The two main problems are the failure to designate areas
fulfilling the objective ornithological criteria as special protec-
tion areas and projects affecting sites. In the first case, the
Commission continues to investigate individual complaints
carefully, though it tends to deal with them through the
general proceedings referred to above concerning the general
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. However,
proceedings were started against several Member States in
1998, including a reasoned opinion which was sent to Belgium
concerning an SPA in Flanders (the Zwarte Beek valley).

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

The Commission terminated proceedings against France con-
cerning the implementation of Regulation (EEC) No 3254/91
on leghold traps following the adoption of a decree on
28 November 1997 eliminating all incompatibility with the
Regulation.

2.12.6. Noise

As in the past, implementation of Directives on noise poses
few problems. The Directives in question set standards for new
products. They do not apply to ambient noise from multiple
sources (for example, noise in cities caused by traffic jams
or industrial activity near residential areas). However, the
complaints received by the Commission in fact relate to
ambient noise but since there is no specific Community
legislation to give effect to an overall policy regarding health
and the quality of life, they cannot be addressed at Community
level.

Infringement proceedings in respect of old and noisy aero-
planes using Brussels (Zaventem) and Ostend airports in
contravention of Directive 92/14/EEC on the limitation of the
operation of certain categories of aeroplanes remain open, but
the authorities have taken measures and some of the aeroplanes
concerned seem likely to be exempted under the provisions of
Directive 92/14/EEC, as amended by Directive 98/20/EC.

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The Court of Justice gave a preliminary ruling on 14 July 1998
in Case C-389/96 Aher-Waggon GmbH v Germany at the request
of
the German Federal Administrative Court concerning
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 Regulation came into
the EC Treaty
force. The Court held that
does not preclude national legislation which makes the first
registration in the national territory of aircraft previously
registered in another Member State conditional on compliance
with stricter noise standards than those laid down by Council
Directive 80/51/EEC ... on the limitation of noise emissions
from subsonic aircraft, as amended ... , while exempting from
those standards aircraft which obtained registration in national
territory before that Directive was implemented’.

‘Article 30 of

On 15 October 1998 the Court of Justice found against Italy
(Case C-324/97) and Belgium (Case C-326/97) for delays in
implementing measures for
notifying the Commission of
Directive 95/27/EC amending Directive 86/662/EEC on the
limitation of noise emitted by hydraulic excavators, rope-
operated excavators, dozers,
loaders and excavator-loaders.
Italy notified its implementing measures (Decree Act of
26 June) and proceedings were duly dropped, while proceed-
ings against Belgium continue.

2.12.7. Chemicals and biotechnology

— Commission Directive 96/54/EC of 30 July 1998 adapting
to technical progress for the 22nd time Council Directive
67/548/EEC (1),

— Directive 96/56/EC of the European Parliament and the
Council of 3 September 1996 amending Directive
67/548/EEC (2),

— Commission Directive 97/69/EC of 5 December 1997
adapting to technical progress for the 23rd time Council
Directive 67/548/EEC (3).

The Commission adopted Directive 98/73/EC on 18 Septem-
ber 1998(4) and Directive 98/98/EC on 15 December 1998, (5)
making the 24th and 25th adaptations to technical progress
of Directive 67/548/EEC.

With this rapid change in Community texts, delays in trans-
posal are all
In this case the Commission
automatically commences proceedings and has no hesitation
in referring cases to the Court of Justice wherever necessary.

too frequent.

91/410/EEC,

Belgium adopted a royal decree on 13 November 1997
(published on 26 March 1998), thereby regularising its pos-
ition with regard to several infringement proceedings com-
menced by the Commission concerning the transposal of
Directives 92/32/EEC, 92/69/EEC, 93/67/EEC, 93/105/EC,
and
93/21/EEC,
93/101/EC. The Court delivered judgments on these cases on
12 December 1996 and 29 May and 11 December 1997.
Failure to transpose Directive 94/69/EC led the Commission
to refer Belgium to the Court of Justice (Case C-79/98) and to
decide to do likewise for Portugal. The proceedings started
against Ireland, however, regarding transposal of Directive
94/69/EC, were dropped following notification of regulations.

93/90/EEC,

93/72/EC

Community legislation on chemicals and biotechnology covers
various groups of directives relating to products or activities
which have certain characteristics in common:
they are
technically complex, require frequent changes to adapt them
to new knowledge, apply both to the scientific and industrial
is
spheres and deal with specific environmental risks.
particularly important in this field to exercise precaution as a
matter of principle. However, Member States wish Directives
to remain the principal instrument used in this sphere, with
the consequence that they are very often required to adopt
implementing measures. These measures must also be in
conformity with the Directives, but they are not always.
In such circumstances the Commission must commence
infringement proceedings to ensure that there is no ban on
the marketing of substances that have been authorised by
Community directives, nor any marketing of banned sub-
stances.

It

Directive 96/56/EC provides for the abbreviation ‘EEC’ to be
replaced by ‘EC’,
labelling dangerous
for the purpose of
substances, by 1 June 1998. The Commission decided to send
reasoned opinions to Belgium, Germany, Portugal and Greece
as none of them had transposed it.

Directive 98/8/EC of the European Parliament and of the
Council of 16 February 1998 concerning the placing of
biocidal products on the market (6) will shortly by due for
transposal.

As regards Directive 86/609/EEC (protection of animals used
for experimental and other scientific purposes), the Court of
Justice gave judgment in Case C-268/97 on 15 October 1998;
this was a Commission action against Belgium recognising its
failure to transpose Articles 14 (training of laboratory staff)

One of the features of Directive 67/548/EEC on the classifi-
cation, packaging and labelling of dangerous substances is the
frequency with which it has to be amended,
in line with
scientific and technical developments. Several directives
amending Directive 67/548/EEC fell due for transposal
in
1998:

(1) OJ L 248, 30.9.1996, p. 1.
(2) OJ L 236, 18.9.1996, p. 35.
(3) OJ L 343, 13.12.1997, p. 19.
(4) OJ L 305, 16.11.1998, p. 1.
(5) OJ L 355, 30.12.1998, p. 1.
(6) OJ L 123, 24.4.1998, p. 1.

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and 22 (mutual recognition). Case C-299/97 against Portugal
concerning inspections in establishments where animals are
used is continuing. The Commission also decided to bring a
Court action against Luxembourg, to send a supplementary
reasoned opinion to Ireland and a reasoned opinion to France
for incorrect implementation. Following the commencement
of
infringement proceedings, Sweden finally notified the
Commission of its implementing measures, which consisted
of an act amending the Act on the protection of animals and a
regulation amending the animals protection regulation, to-
gether with guidelines on the treatment of animals used
for experimental purposes. Proceedings against the United
Kingdom were terminated in August, when the law on
scientific procedures involving animals was amended.

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, and
strives to ensure that the Directive is properly observed.

The Directives on genetically modified organisms (GMOs),
90/219/EEC (contained use) and 90/220/EEC (release), were
adapted to technical progress in 1994 by Directives 94/51/EC
and 94/15/EC respectively. More recently Annex III to Direc-
tive 90/220/EEC has been amended by Directive 97/35/EC.

action, the Commission is pursuing infringement Article 171
proceedings and has sent Belgium a reasoned opinion. On 16
July the Court also found that Belgium had failed to transpose
Directives 90/219/EEC, 90/220/EEC and 94/51/EC (Case
C-343/97), and in this case too the Commission is continuing
Article 171 proceedings. The Commission has also decided to
bring an action against Belgium before the Court for failure to
transpose Directive 97/35/EC.

In a further judgment on 16 July 1998 (Case C-339/97), the
Court found that Luxembourg had failed to fulfil its obligations
by not notifying measures implementing Directives 94/15/EC
and 94/51/EC. While Luxembourg has notified measures
concerning Directive 94/15/EC (3),
it has failed to do so
with regard to the other Directive, and consequently the
Commission is pursuing Article 171 proceedings in this
respect.

Again on 16 July 1998 (Case C-285/97), the Court found that
Portugal had failed to fulfil its obligations by not notifying
measures implementing Directive 94/51/EC. On 7 May 1998
a decree-law was adopted ensuring the transposal of the
Directive and therefore the Commission terminated the pro-
ceedings. Even so, the Commission decided to bring an action
before the Court on the grounds that several aspects of
Portuguese law are incompatible with Directives 90/219/EEC
and 90/220/EEC.

Directive 90/219/EEC was amended by Council Directive
98/81/EC of 26 October 1998 (contained use of genetically-
modified micro-organisms) (1), which must be transposed by
5 June 2000. It focuses primarily on adapting administrative
procedures to the real risks arising from activities involving
GMOs, which will now be classified in four rather than two
risk categories. The Directive defines minimum containment
and control measures for each group and simplifies the
procedure for adapting the Directive to technical progress.

The Commission also dropped legal proceedings against
Germany for incorrect transposal of Articles 14 (emergency
plans), 15 (information supplied to the authorities by users in
the event of accidents) and 16 (consultation between the
Commission and the Member States on emergency plans in
the event of accidents) of Directive 90/219/EEC, as Germany
notified the Commission of legislation transposing the Direc-
tive (4).

The proposal for an amendment to Directive 90/220/EEC
adopted by the Commission at the end of 1997 (2) 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.

In a judgment given on 29 May 1997 (Case C-357/96), the
Court found that Belgium had failed to fulfil its obligations by
not notifying measures implementing Directive 94/15/EC. As
the Belgian authorities have still not taken appropriate remedial

The Commission also decided to refer Greece to the Court of
Justice for failure to transpose Directive 97/35/EC.

2.12.8. Waste

Infringement proceedings in relation to waste continue to
abound; they concern both formal transposal and practical

(1) OJ L 330, 5.12.1998, p. 13.
(2) OJ C 139, 4.5.1998, p. 1.

(3) Grand Ducal Regulation of 17 April 1998 determining the
information to be given in applications for authorisation of
projects involving the voluntary release or the marketing of GMOs
(Mémorial A, 28.4.1998, p. 458).

(4) Gentechnik-Notfallverordnung, published on 16.12.1998.

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application. The most likely explanations for the difficulties in
enforcing Community law in these matters are the need for
changes in the conduct both of private individuals and of
public services and business firms and the resultant costs.
But the Commission is highly attentive to compliance with
Community legislation relating to waste.

to the Court of Justice over an illegal tip in the San Rocco
valley (Case C-365/97), and that case is still proceeding.

Regarding the framework directive on waste, Directive
75/442/EEC, as amended by Directive 91/156/EEC, the Com-
mission was able to terminate the Article 171 proceedings
against Spain and France following the two judgments given
against them on 5 June 1997 (Cases C-107/96 and C-223/96).
Spain notified the Commission of an Act passed on 21 April
1998 and France notified it of a Decree issued on 30 July and
two Orders issued on 12 August and 9 September. Italy also
notified a series of instruments (Decree-Act dated 8 November
1997 and implementing Decrees dated 5 February and 1 April
1998) but transposal is still neither complete nor fully in
order.

Most of the difficulties concern application. This is at the root
of the large number of complaints primarily concerned with
dumping of waste (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 impose conditions to contain
the environmental impact. However, the Commission’s scope
for action on waste disposal is particularly limited as there are
as yet no detailed Community rules specifically addressing the
issue. But the Community legislation is evolving: the proposal
for a Council Directive on the landfill of waste (1) has reached
the common position stage (2).

That said, the Commission uses individual cases to seek more
general problems, such as the absence or inadequacy of waste
management plans: an illegal dump may be evidence of an
unsatisfied need for waste management. This was the spirit
behind the Commission’s second referral of a Greek case to
the Court of Justice under Article 171 (C-389/98) for failure
to give effect
in Case C-45/92
(17 April 1992) concerning a specific case of an environmen-
tally unsound waste disposal situation in Kouroupitos in Crete
and the lack of any waste-management plan to deal with it. In
another case, however, the Commission decided to take Italy

to the Court’s judgment

(1) OJ C 156, 24.5.1997 p. 10.
(2) OJ C 333, 30.10.1998, p. 15.

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 packag-
ing waste,
for which special planning is required under
Article 14 of Directive 94/62/EC. The Commission decided to
commence proceedings in the Court against Ireland (three
categories of plans) and Belgium (waste packaging materials).
A reasoned opinion was sent to France, Greece, Italy, Luxem-
bourg, the Netherlands and Spain, and the Commission further
decided to send a reasoned opinion to Germany, Sweden
and the United Kingdom. Furthermore, the Commission is
continuing with Article 171 proceedings against Germany for
failing to implement in full the Court’s judgment of 10 May
1995 (Case C-422/92) regarding the lack of management
plans for dangerous waste in a number of Länder, though it
was notified of plans at the end of the year.

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 plant are suitable for waste disposal.
Management plans must aim to limit production, reduce
the amount of waste, switch to recycling, minimise the
environmental risks involved in disposal and create an inte-
grated network of waste-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.

supplemented

75/442/EEC is

Directive
by Directive
91/689/EEC on dangerous waste. The United Kingdom, the
last Member State to notify transposal measures covering the
entire national territory, having received a reasoned opinion
from the Commission in 1998, notified measures for Northern
Ireland on 14 August, and the proceedings were terminated.
Some of the Member States, however, have not supplied
certain information it needs on facilities for disposal and
processing of dangerous waste, and it has sent a reasoned
opinion to Belgium, Greece, Italy and Portugal.

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There has been significant progress in the implementation of
the Directives on batteries and accumulators containing certain
dangerous substances (91/157/EEC and 93/86/EEC). The
delays in the adoption of transposal measures by France,
Germany and Italy, for which those Member States had had
judgments given against them by the Court of Justice, were
made up. The Commission withdrew its action against Italy in
Case C-286/96 concerning Directive 93/86/EEC, as, following
the judgment given in Case C-303/95 holding that it had failed
to transpose Directive 91/157/EEC and new Article 171
proceedings commenced by the Commission for failure to give
effect to that judgment, Italy remedied the situation by issuing
a decree implementing the two Directives on 20 November
1997. France also remedied its situation in response to
Article 171 proceedings for failure to give effect
to the
judgment given on 29 May 1997 in Joined Cases C-282/96
and C-283/96 (failure to transpose Directives 91/157/EEC and
93/86/EEC): a decree transposing them both was issued on
30 December 1997. On 13 November 1997 Germany had a
judgment given against it (Case C-236/96)
for failure to
transpose the two Directives, but later notified the Commission
of implementing measures (1).

Secondly, the Commission has pursued infringement proceed-
ings against Member States which have not yet set up
programmes under Article 6 of Directive 91/157/EEC. The
Court of Justice gave its first judgment in this matter on
28 May (Case C-298/97, against Spain). The programmes
include reductions in the heavy-metal content of batteries and
accumulators and promotion of the marketing of batteries
and accumulators containing lesser quantities of dangerous
substances, the reduction of the quantities of batteries in
household waste, promotion of research and separation for
disposal purposes. Spain argued that these objectives had been
attained through various measures such as infrastructure
investments to provide collection facilities for batteries and
accumulators. But
there was no full programme for the
implementation of the Directive’s specific objectives. The
Commission, and the Court held that that Spain was accord-
ingly acting in default. The Commission has since commenced
Article 171 proceedings.

The Court of
Justice is still considering Case C-347/97
Commission v Belgium on the same grounds. The Commission
had also brought comparable proceedings against France (Case
C-178/98) and Greece (C-215/98). But the proceedings against
Italy were terminated after measures were taken. A reasoned
opinion was sent to Portugal.

Commission Directive 98/101/EC of 22 December 1998
adapting to technical progress Council Directive 91/157/EEC
on batteries and accumulators containing certain dangerous
substances (2) will shortly be due for transposal.

The Commission commenced infringement proceedings for
failure to transpose Directive 94/62/EC on packaging and
packaging waste, scheduled for 30 June 1996. It decided to
take Belgium, Finland, Greece, Ireland and Luxembourg to
Court, though three of these Member States then remedied
their situation: Finland notified instruments for the Province
of Åland, Ireland notified regulations issued on 8 October
1998 and Luxembourg notified Grand-Ducal regulations
adopted on 31 October. The Commission also sent reasoned
opinions to the United Kingdom and Portugal. France notified
a decree issued on 20 July 1998, transposing several provisions
of the directive, but the infringement proceedings are still
running. Germany notified an amended version of its packag-
ing regulations (28 August 1998), which continue to promote
the reuse of packaging materials. The Commission then sent
Germany a supplementary reasoned opinion, raising a number
of issues concerning reuse.

But even if Directive 94/62/EC is formally transposed, it must
still be applied properly. This would not seem to be the case
in Denmark, which has received a reasoned opinion from the
Commission as metal cans for drinks and other types of
non-reusable packaging are banned there.

of

transposal

Directive 94/62/EC contains an innovatory Article regarding
the
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 (3). The
procedure includes a three-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 movement of goods and with the
Directive itself, and to warn the Member State wishing to

(1) Batterieverordnung, published on 2.4.1998.

(2) OJ L 1, 5.1.1999, p. 1.
(3) Now replaced by Directive 98/34/EC of the European Parliament
and the Council of 22 June 1998 laying down a procedure for the
provision of information in the field of technical standards and
regulations (OJ L 204, 21.7.1998, p. 37).

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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 and
subsequently the way in which it is applied. This provision
applies not only to actual transposal measures but also to
instruments amending existing transposal measures.

The Commission is pursuing its 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 to prohibit shipment, differ according to whether the
waste is to be disposed of or recycled.

On 25 June the Court of Justice gave two preliminary rulings
on the interpretation of Regulation (EEC) No 259/93, re-
quested by the Netherlands Raad van State.

One of them concerned various points of interpretation of
Regulation (EEC) No 259/93 on shipments of waste in the
context of a case concerning imports of waste from Germany
into the Netherlands without notification of the Netherlands
authorities (Case C192/96 Beside BV and I. M. Besselsen). It held
that ‘the expression “municipal/household waste” in ... the
amber list in Annex III to Regulation (EEC) No 259/93 ...
includes both waste which for the most part consists of waste
mentioned on the green list in Annex II to the Regulation,
mixed with other categories of waste appearing on that list,
and waste mentioned on the green list mixed with a small
quantity of materials not referred to on that list.’ It also held
that ‘[t]he reference to the storage of materials in ... Annex IIB
to Council Directive ... 75/442/EEC, as amended ..., must be
interpreted as covering not only cases in which storage takes
place in the undertaking in which the other operations
mentioned in that Annex must be carried out but also cases in
which storage precedes transport to such an undertaking,
regardless of whether the latter is established inside or outside
the Community’. Thirdly, it held that, ‘The information listed
in Article 11(1) of Regulation (EEC) No 259/93 constitutes the
minimum evidence which the competent authority may, in
the absence of notification, require in order to establish that
“green waste” is intended for recovery’. And lastly, it held that
‘Regulation (EEC) No 259/93 must be interpreted as meaning
that the Member State of destination may not unilaterally
return waste to the Member State of dispatch without prior
notification to the latter; the Member State of dispatch may
not oppose its return where the Member State of destination
produces a duly motivated request to that effect’. Thus the

responsibility of each Member State for waste generated in its
territory is clearly affirmed.

In Case C-203/96 Chemische Afvalstoffen Dusseldorp BV and
Others v Minister van Volkshuisvesting, Ruimtelijke Ordening en
Milieubeheer, the Court of Justice gave judgment on 25 June
1998, holding that ‘Directive 75/442/EEC ... as amended ...
and Regulation (EEC) No 259/93 ... cannot be interpreted as
meaning that the principles of self-sufficiency and proximity
are applicable to shipments of waste for recovery. Article 130t
of the EC Treaty does not permit Member States to extend the
application of those principles to such waste when it is clear
that they create a barrier to exports which is not justified either
by an imperative measure relating to protection of
the
environment or by one of derogations provided for by
Article 36 of that Treaty’. This confirms that waste for recovery
(recycling, composting, incineration and energy-generation)
qualifies for greater freedom of movement than waste for
disposal (incineration without energy-generation, landfill) and
that the Member States cannot submit the two categories to a
single, more restrictive set of rules.

Commission Regulation (EC) No 2408/98 amending Annex V
to Council Regulation (EEC) No 259/93 on the supervision
and control of shipments of waste within, into and out of the
European Community was adopted on 6 November 1998 (1).

Other more specific directives are worth mentioning by reason
of the infringement proceedings to which they give or have
given rise.

For instance, France notified a Decree of 8 January and two
Orders
implementing Directive
1998
86/278/EEC on the protection of the soil when sewage sludge
is used in agriculture.

2 February

of

Regarding the first Community Directive concerning waste,
Directive 75/439/EEC on the disposal of waste oils,
the
Commission decided to refer to the Court the proceedings
against Portugal as its legislation transposing the Directive
was not in order; the legislation failed to require waste-oil
regeneration facilities to use the best available technology
where that did not entail excessive costs, did not prohibit the
use for fuel purposes of waste oils with a PCB content
exceeding 50 ppm for equipment used before the Directive
entered into force and contained no provisions on periodic
inspection of facilities. Case C-102/97 against Germany is still
in motion. It concerns problems of incorrect application of
the Directive in relation to the regeneration treatment of waste
oil.

(1) OJ L 298, 7.11.1998, p. 19.

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Lastly, with regard to the disposal of PCB and PCT, two
particularly dangerous products, Directive 96/59/EC, which
supersedes Directive 76/403/EEC, was to be transposed by the
Member States by 16 March 1998. The Commission addressed
reasoned opinions to Denmark, Germany, Greece, Italy, Portu-
gal, Spain and the United Kingdom for failure to notify it of
transposal measures.

two Directives, a Decree of the Brussels Region of 28 May
1998 and a Decree of the Flemish Region of 24 March 1998,
was found not to comply with requirements. A reasoned
opinion was addressed to Spain for permitting the Canary
Islands to operate incinerators not complying with Directive
89/369/EEC.

2.12.9. Environment and industry

In an area related to dangerous
substances, Directive
82/501/EEC, the ‘Seveso’ Directive, concerns the prevention of
major industrial accidents. The Commission has terminated
the action brought in the Court of Justice against Germany
(Case C-192/97) because its legislation transposing the Direct-
ive was too restrictive with regard to the plants and substances
covered. On 20 April 1998 Germany adopted a Regulation
rectifying the situation. Another case is pending before the
Court against Italy (Case C-336/97) for failure to apply the
Directive correctly in respect of emergency plans, inspections
and control measures.

It is worth noting that, with effect from 3 February 1999,
Directive 82/501/EEC will be replaced by Directive 96/82/EC,
which must be transposed by 3 February 1999. 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.

The Commission referred a case against Portugal to the Court
in relation to Directive 84/360/EEC (air pollution from
industrial plants), as its authorisation system does not cover all
the types of plant to which the Directive applies.

Directive 94/67/EC on the incineration of hazardous waste
fell due for transposal on 31 December 1996. Infringement
proceedings against Denmark, Finland, Ireland, the Nether-
lands, Portugal and Sweden were terminated after they notified
transposal measures, but others are still
in motion. The
Commission referred Greece (Case C-388/98) to the Court and
decided to refer Austria also. It addressed reasoned opinions
to Belgium, Italy and the United Kingdom.

Directive 96/61/EC concerning integrated pollution prevention
and control (IPPC), adopted on 24 September 1996, is to be
implemented by 30 October 1999. This Directive belongs to a
new generation of Community initiatives on the environment
which adopt a broad-based subsidiarity-compliant approach,
interested parties and
encouraging the participation of all
synergy between industry and the environment. The Com-
mission has observed that not all the Member States have the
requisite transposal instruments and accordingly feels justified
in advising them to begin work on transposing the Directive
as soon as possible. Indeed it has set up an informal group of
experts, which met in the course of 1998, to assist them in the
task of transposal. A forum for the exchange of information
between Member State and industry on the best available
techniques met regularly in 1998 on the basis of Article 16(2).
And the committee provided for by Articles 15 and 19 to
prepare an inventory of the principal emissions and sources
responsible also met during the year.

The proceedings against Belgium for non-conformity of
measures implementing Directive 87/217/EEC (prevention and
reduction of environmental pollution by asbestos) continued
with a reasoned opinion addressed in 1998.

The Commission decided to take Belgium to the Court in
relation to Regulation (EEC) No 880/92 of 23 March 1992 on
a Community eco-label award scheme, as it had failed to adopt
the necessary national implementing measures (designation of
competent bodies, practical rules for assessment of appli-
cations for the award of an eco-label).

There are still certain problems with regard to the two
Directives on the prevention of air pollution from municipal
waste incineration plants, 89/369/EEC (new plants) and
89/429/EEC (existing plants). The Commission terminated
Article 171 infringement proceedings against Italy following
the Court’s judgment of 26 June 1996 (Case C-237/95) censur-
ing the Italian authorities for failing to notify measures
implementing the two Directives. Proceedings have also been
commenced against Belgium, as its legislation transposing the

Likewise, the Commission addressed reasoned opinions to
Greece and Portugal for failure to adopt the necessary national
implementing Regulation (EEC) No 1836/93
measures
allowing voluntary participation by companies in the industrial
sector in a Community eco-management and audit scheme.

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The Commission decided to send a reasoned opinion to
Belgium on the principle of the conformity with Community
law of the tacit authorisation scheme, where authorisation is
deemed to be given if after a specified period the competent
body has not opposed it. The Court held in relation to Directive
80/68/EEC (groundwater) that, where a directive provides for
authorisations to be given, withheld or withdrawn by an
express decision in accordance with specified procedural
requirements entailing a number of necessary conditions that
determine individual rights and duties, a tacit authorisation
will not be compatible with the directive’s requirements (1).
Consequently, certain aspects of the Belgian legislation relating
to Directives 75/442/EEC as amended (waste), 76/464/EEC
(dangerous substances discharged into the aquatic environ-
ment), 80/68/EEC (groundwater), 85/337/EEC (environmental
impact assessment) and 84/360/EEC (air pollution from indus-
trial plants) are not compatible with Community law.

2.12.10. Radiation protection

Although the legislation on radiation protection is based on
Article 2(b) and Chapter III of the Treaty establishing the
European Atomic Energy Community, it is not confined to
nuclear energy but also covers all exposure of the general
public and workers to ionising radiation, including medical
uses. Article 33 of the Euratom Treaty requires the Com-
mission to be consulted whenever national legislation is being
drafted. This gives the Commission a useful instrument for
preventing the adoption of national legislation which violates
Community law. The right of control over the implementation
of Community law on radiation protection under Article 141
of the Euratom Treaty, which is the Treaty provision corre-
sponding to Article 169 of the Treaty establishing the Euro-
pean Community, is in addition to this prior control procedure.

The infringement proceedings against Austria, Finland and
Sweden for failure to notify measures under Council Directive
80/836/Euratom laying down the basic standards for radiation
protection have been dropped. This means that all the Member
States have sent notice of their transposal measures. Directive
80/836/Euratom is to be replaced by Directive 96/29/Euratom,
which has to be transposed by 13 May 2000. Taking up
Recommendation No 60 by the International Commission on
Radiological Protection, it lowers the radiation tolerances for
workers and the general public. As the old basic standards are
soon to be replaced by the new ones,
the Commission
is holding back on the infringement proceedings against
Luxembourg and the Netherlands for failure to conform with
the standards common to both the old and the new directives.

(1) Case C-360/87 Commission v Italy [1991] ECR I-791, para-

graphs 30 and 31 (judgment given on 28 February 1991,

There have been improvements in the implementation of
Council Directive 84/466/Euratom on protection of persons
undergoing medical examination or treatment. Ireland and
Italy have notified legal instruments transposing parts of the
Directive which were not yet being complied with. The
Commission has therefore dropped the relevant infringement
procedures. In response to the Court of Justice’s judgment
against it (given on 9 October 1997, Case C-96/21), Spain has
also made progress towards transposing the Directive by
eliminating several points at issue in the infringement proceed-
ings for failure to comply. The Belgian legislation as notified,
on the other hand, still does not meet the requirements of the
that country for failure to
Directive; proceedings against
comply are still under way.

Directive 84/466/Euratom is to be replaced by a new Directive
(97/43/Euratom on medical exposure), which has to be
transposed by 13 May 2000. The Commission is therefore
also holding back in respect of action on points common to
both the old and the new directives.

Finland has notified its measures
transposing Directive
89/618/Euratom on informing the general public in the event
of a radiological emergency. The Commission has therefore
dropped the case against Finland for failure to comply. The
proceedings against Germany for failure to comply are going
ahead.

The infringement proceedings against France for failure to
comply with Directive 90/641/Euratom on the operational
protection of outside workers remain open.

Following notification of their transposal measures by Germ-
any and Belgium, the Commission has dropped its action
against those countries before the Court of Justice for failure
to notify measures under Directive 92/3/Euratom on the
supervision and control of shipments of radioactive waste
(Cases C-97/220 and C-97/277 respectively). All the Member
States have now sent notice of their measures transposing the
Directive.

2.13. AGRICULTURE

2.13.1. Free movement of agricultural produce

The free movement of agricultural produce in the single market
is one of the basic principles of the common agricultural policy
(CAP) and of the common organisation of markets.

The Court of Justice has had regular occasions to recall that
Articles 30 and 34 of the EC Treaty are an integral part of the
common organisation of markets, even if express reference to
them has been superfluous since 1 January 1970.

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The Commission has maintained a permanent open eye to the
task of rapidly removing all barriers to trade in agricultural
produce in the Community. The trend in recent years for cases
traditional barriers to trade in
concerning new cases of
agricultural produce, routine import checks and demands for
import licences, for instance, to decline has been confirmed this
year. France’s insistence on authorising only such lawn-seed
mixtures as have been entered in the French national catalogue
was held to be contrary to Article 30 of the EC Treaty and
supported by none of the exceptions available in Article 36,
this business being harmonised by Directives 66/401/EEC and
70/457/EEC.

Given the refusal by the German authorities to make the
CMA quality label (Markenqualität aus deutschen Länden), given
exclusively to products processed in Germany without specific
requirements as to the original environment or geographical
place, available to products from other Member States, the
Commission declared that the label was a mandatory restric-
tion as to the place where processed products could come
from, contrary to Article 30 of the EC Treaty as interpreted by
the Court of Justice in Eggers (Case 13/78 [1978] ECR 1935,
judgment given on 12 October 1978) and Montagne (Case
C-321/94 [1997] ECR 2343, judgment given on 7 May 1997).

On 12 December 1998 the Court of Justice gave judgment in
Case C-102/96 Commission v Germany, ruling against the
obligation imposed by the German authorities to mark and
heat-treat certain types of fresh pigmeat from Denmark; this
was seen as a barrier to trade (1).

Regarding the less traditional forms of barriers to trade, such
as the repeated acts of violence by individuals against fruit and
vegetable imports from other Member States, in particular
from Spain, and the authorities’ failure to take measures to
prevent them, it is worth recalling the judgment given by the
Court of Justice on 9 November 1997 in Case C-265/95,
where it held that ‘by failing to adopt 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 Article 30 of the EC Treaty, in conjunction
with Article 5 of that Treaty, and under the common organis-
ations of
the markets in agricultural products’. The fact
that the marketing of fruit and vegetables from Spain was
untrammelled in 1998 suggests that the measures taken by
the French Government to give effect to the Court’s judgment
worked better than those taken in previous years. The Com-
mission trusts that the situation will be good in the years
ahead.

(1) Case C-102/96; see 13th report (1995).

2.13.2. Markets

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

In monitoring the application of specific market organisation
mechanisms, the Commission continued to keep a close watch
on the use of production control mechanisms, particularly in
the milk sector, where it conducted a systematic analysis of
national measures
(EEC)
No 3950/92 and (EEC) No 536/93.

implement Regulations

to

The Commission addressed a reasoned opinion to Italy and
Spain on account of deficiencies in the implementation of the
milk quotas scheme. The main concern was the relevant
authorities’ persistent failure to pass the supplementary levy
on to the producers responsible for the excesses.

In Italy, although purchasers were ordered to collect an
advance on the levy payable by producers, they were not
required to pay the authorities the sums collected for
1995/1996 and 1996/1997. The Italian authorities considered
that before they did so it was necessary to undertake a detailed
verification of the level of the reference quantity for each
producer and of the level of production for the relevant years.
The results of the verification are still provisional.

In Spain, only a fraction of the levy payable for 1993/1994,
1995/1996 and 1996/1997 has actually been paid by pro-
ducers. Both producers and buyers have commenced large-
scale actions against decisions affecting them. The Commission
is considering the Spanish authorities’ argument that the bulk
of the amounts due by way of the levy is actually covered by
the security lodged with the courts or is being seised by the
tax authorities.

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-198/96). Further-
more, under the Community rules the Member States are
obliged to offset the linear reduction (2,15 %) occurring in
1990/1991 by supplementary allocations. The quantities
allowed in France were not satisfactory in all cases.

The case has been withdrawn from the Court’s register since
the French Government adopted measures guaranteeing that
the reduction would be removed and introducing a scheme
whereby the quantities released by cessation arrangements
would be partly covered by a mutual system. The Commission
is now monitoring the application of the latter mechanism to
check whether the degree of mutualisation is satisfactory.

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The Commission has also had occasion to look into cases of
failure to comply with Community rules governing the
designation of agricultural products.

S e e d s a n d s e e d l i n g s

All the directives in this sector have been transposed.

In the milk sector,
it continued infringement proceedings
against the Netherlands for authorising the marketing of a
form of drinking milk (skimmed to 25 % of the fat content of
whole milk) not provided for by Council Regulation (EEC)
No 1411/71 laying down additional rules on the common
organisation of the market in milk and milk products, which
exhaustively determines the composition of drinking milk. The
proceedings were withdrawn when the offending product was
removed from marketing circuits.

Regarding spirit drinks, the Commission addressed a reasoned
opinion to France for authorising the marketing of spirits
made by adding a percentage of water to whisky and using the
word ‘whisky’ as a generic sales description. One of the features
imposed by Regulation (EEC) No 1576/89 on whisky is an
alcoholic strength of at least 40°, and the addition of water to
spirits is prohibited to avoid the nature of a product being
distorted.

P l a n t h e a l t h

There are relatively few major problems still outstanding in
this sector. In 1998 the German authorities adopted a new law
on the placing of plant protection products on the market,
thereby responding to the judgment in Case C-96/137 of
27 November 1997, in which the Court found against Germ-
any for having failed to transpose Directive 91/414/EEC.

The Commission decided to refer to the Court the failure by
France and Belgium to transpose Directive 97/75/EC amending
Annex VI to Directive 91/414/EEC.

In Luxembourg and Austria there have been considerable
delays in transposing Directives 96/32/EC and 96/33/EC on
the fixing of maximum levels for pesticide residues.

A preliminary ruling was requested on the same subject by the
Tribunal de Grande Instance at Paris (Case C-136/96). The
Court of Justice ruled on 16 July 1997 that Community rules
prohibited such product designations.

F e e d i n g s t u f f s

In their reply to the reasoned opinion the French authorities
stood by their earlier views in support of the marketing of the
relevant product under the designation contested by the
Commission, which accordingly referred the case to the Court
of Justice.

In the tobacco sector, the Commission issued a reasoned
opinion regarding the additional conditions imposed by Greek
legislation concerning deliveries of raw tobacco, not provided
for by Regulation (EEC) No 1067/95.

2.13.3. Harmonised areas

G e n e r a l p o i n t s

The deadlines for transposing several important directives fell
in 1998. These include Directives 95/53/EC (organisation of
official
inspections), 95/59/EC (approving and registering
certain establishments and intermediaries), 96/29/EC (circu-
lation of feed materials), 96/51/EC (major amendments to the
legislation on additives) and 98/67/EC (revising the annexes
to Directive 96/25/EC). The complexity of the Community
provisions to be transposed and implemented is such that
there have been many delays, sometimes considerable,
in
transposing them, which explains the marked fall in the rate
of transposal in this area.

In many Member States there has had to be a radical overhaul
of the national legislation on feedingstuffs, leading in some
cases to delays in implementing other directives as well.

The Court has also been asked to rule on infringement cases
relating to failure by France to notify the Commission of
measures transposing Directives 93/74/EC, 94/39/EC, 95/9/EC
and 95/10/EC (feedingstuffs intended for particular nutritional
purposes).

Overall, the Commission has noted a slight improvement in
the situation as regards transposal in the agricultural field over
1998. There has been considerable progress in several Member
States, particularly Germany, Austria and Italy. In three of the
others, however, France, Luxembourg and Portugal, where the
situation was far from satisfactory in 1997, there has still
been little or no change. Generally speaking, infringement
proceedings are taking less time. The number of cases referred
to and ruled on by the Court has fallen heavily. No proceedings
under Article 171 of the Treaty have had to be taken this year.

V e t e r i n a r y m a t t e r s

There has been a considerable improvement in the rate of
transposal of directives in this sector.

The Commission is none the less very concerned at the failure
of eight Member States to enact provisions transposing
Directive 96/43/EC on the financing of veterinary inspections

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and controls on live animals. It has therefore decided to refer
the matters to the Court. It has also been decided to ask the
Court to rule on the failure by Italy, France, Ireland and
Portugal to transpose Directives 96/22/EC (prohibition on the
use of certain substances having a hormonal or thyrostatic
action and of ß-agonists) and 96/23/EC (measures to monitor
certain substances and residues thereof in live animals and
animal products).

Austria has finally completed transposal of the zootechnical
directives which form part of existing Community law. It has
not, however, yet transposed Directive 90/428/EEC (equidae
intended for competitions).

Directive 96/93/EC on the certification of animals and animal
products, which, inter alia, lays down provisions to prevent
fraudulent certification, has yet to be transposed in six of the
Member States. Reasoned opinions will very probably have to
be sent to the Member States concerned.

With regard to animal welfare, it must be pointed out that
Directive 95/29/EC has only been partly transposed in France.
In Austria, the province of Salzburg has not adopted measures
implementing Directive 93/119/EC (on the protection of
animals at the time of slaughter or killing).

I n c o r r e c t
p l i c a t i o n

t r a n s p o s a l

a n d

i n c o r r e c t

a p -

Unlike the situation in previous years, when very few cases
reach a stage where reasoned opinions have to be sent or the
matter has to be referred to the Court, the Commission sent
several reasoned opinions regarding the conformity or the
application of measures transposing directives. Apart from the
case involving Luxembourg’s incorrect transposal of Directive
91/414/EEC (marketing of plant protection products), there
were three areas in which reasoned opinions had to be sent.

the
Following surveys conducted in the Member States,
Commission sent three reasoned opinions, to Italy, Greece and
Luxembourg, concerning national
fails to
comply with Directive 93/118/EC on the financing of health
inspections and controls of fresh meat and poultrymeat as
regards inspections of meat
imported from non-member
countries and also to Belgium and France as regards the
internal market aspects and meat imported from non-member
countries.

legislation that

treatment systems for processing animal waste with a view to
the inactivation of spongiform encephalopathy agents. The
infringement was terminated when a Ministerial Decree of
6 February 1998 gave effect to the Decision. The Commission
also sent a reasoned opinion to the United Kingdom after visits
by the Food and Veterinary Office showed that the checks
conducted by the UK inspectorate at slaughterhouses and
cutting rooms were inadequate in terms of Directives
64/433/EEC and 89/662/EEC and Decision 96/239/EC, partly
because of a shortage of veterinary inspectors. Spain was sent
a reasoned opinion for misapplying Decision 96/449/EC by
omitting to apply it to low-risk materials; the authorities there
have now rectified the situation. And the Commission sent
Portugal a reasoned opinion in respect of the deficiencies
observed by Community inspectors from the Food and
Veterinary Office in the application of Directive 90/667/EEC
and Decision 96/449/EC.

A third problem concerns the persistence of serious hygiene
and structural defects repeatedly observed in certain French
slaughterhouses in the course of visits by inspectors from the
Food and Veterinary Office; a reasoned opinion was sent. But
the findings of the last visit showed that there was real progress
towards full compliance. The Commission also sent a reasoned
opinion to France in respect of the Order of 3 September
1994, which, contrary to Directives 64/433/EEC, 71/118/EEC,
91/445/EEC and 91/495/EEC, authorises certain establish-
ments marketing meat and meat-based products to be released
from health-inspection obligations.

2.13.4.

Implementation of Directive 98/34/EC (technical
standards and regulations) in the field of agri-
culture

In 1998, as in previous years, the Commission received notice
of a great many drafts pursuant
to Directive 98/34/EC
(formerly 83/189/EEC), which requires the Member States to
give notice prior to the adoption of any draft rules containing
technical standards or regulations which might impede intra-
Community trade.

As for the infringement proceedings against Member States
who failed to fulfil their obligations concerning Community
legislation on bovine spongiform encephalopathy (BSE), the
Commission sent a reasoned opinion to France for failing to
apply Decision 96/449/EC on the approval of alternative heat-

In the agricultural sector, the Commission, under Article 30 of
the EC Treaty and secondary law, considered 158 draft
legislative instruments notified by the Member States (143)
and the EFTA countries (15) and, after studying them, called
for amendments to some of them by delivering reasoned
opinions (in 12 cases) or observations (in 17). In three other

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cases, since the Commission had made or was proposing to
make proposals to the Council for rules covering the matter
referred to in the notified draft instrument, the instrument
notified was held up for a period of 12 months, pursuant to
the third and fourth paragraphs of Article 9 of Directive
98/34/EC.

Following the Securitel judgment on 30 April 1996, the Court
was also asked for preliminary rulings on various issues
relating to the unenforceability on third parties of instruments
of which notification was not sent prior to adoption in line
with the procedure laid down by Directive 98/43/EC (formerly
83/189/EEC). The agricultural sector was involved in ap-
plications for prior rulings C-425 to 427/97 and C-426/98,
both of which related to the rules adopted by the Netherlands
in 1991 in connection with that country’s prohibition on
administering veterinary medical preparations with sympathic-
omimetic effect containing clenbuterol to cattle for fattening
and on the sale or purchase of cattle for fattening to which
such medical preparations have been administered.

2.14.2. Grant of flag rights and fishing licences

In 1998 the Commission continued to scrutinise national
legislation on the granting of flag rights to fishing vessels for
compatibility with Community law.

The infringement proceedings against Italy in connection with
the granting of flag rights and fishing licences was dropped
owing to the adoption in 1998 of national legislation compat-
ible with Community law.

2.15. CONSUMER PROTECTION

2.15.1. Safety and health

As regards infringements involving failure to notify technical
standards or regulations at the project stage, the Portuguese
authorities have agreed to amend their legislation on fruit and
vegetables in order to comply with the reasoned opinion
delivered by the Commission.

Directives 92/59/EEC on general product safety and 87/357/EEC
on dangerous imitations of food products have been transposed by
all Member States. There are no infringement proceedings
under way at the present time.

2.14. FISHERIES

The Commission continued to monitor the resource conser-
vation and management measures put in place by the Member
States in areas covered by the common fisheries policy.

The Commission continued its systematic scrutiny of national
fisheries and aquaculture legislation for compatibility with
Community law.

2.14.1. Resources

With respect to the procedures for allocating quotas and the
establishment by the Member States of the control system for
the common fisheries policy, the United Kingdom was sent a
reasoned opinion on 14 January as part of proceedings for
failure to carry out its obligations under the provisions on
non-discrimination on grounds of nationality and failure to
comply with a previous Court judgment (judgment of 4 Octo-
ber 1991 in Case C-246/89 Commission v United Kingdom).
The Commission considers that, notwithstanding the Court
judgment, the United Kingdom has not yet put satisfactory
measures in place to end discrimination in the awarding of
fishing quotas. A reasoned opinion was also sent to Denmark
on 24 July as part of proceedings for failure to meet the
obligation to carry out checks, owing to the exceeding of
certain quotas allocated to that Member State.

2.15.2. Protection of consumers’ economic interests

As regards Directive 94/47/EC on timesharing contracts,
the
deadline for transposal of which was 29 April 1997, the
Commission received notification of transposing measures
from Finland and France in 1998. Five Member States have
still not notified their national implementing measures, how-
ever. The Commission has brought the case against four states
(Belgium, Spain, Italy and Luxembourg) before the Court of
Justice; it will bring the case against Greece before the Court in
the near future.

Directive 93/13/EEC on unfair terms in consumer contracts has
now been transposed by all Member States. Spain was the last
Member State to enact unfair terms legislation, in April 1998;
the procedure which had been initiated before the Court of
Justice has been closed.

There were also two references to the Court for a preliminary
ruling in this field. One (C-82/96 The Queen v Secretary of State
and Industry) was made by order of the High Court of Justice
(Queen’s Bench Division) and concerns the organisations
entitled to take legal action to request an end to the use of
unfair contract terms; following agreement between the parties
the case was finally struck from the list. The other request
(C-240/98 Oceano Grupo Editorial v Murciano Quintero) was
lodged by the Barcelona Juzgado de Primera Instancia and
raised the question whether Directive 93/13/EEC allowed the
national courts to rule as a matter of course on the unfair
nature of a provision of a contract submitted for their
assessment when they are examining the admissibility of a
complaint.

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Article 169 letters were sent to Finland and Germany in
connection with the transposal of Directive 90/314/EEC on
package holidays, but the cases were shelved following satisfac-
tory responses from the two Member States concerned.
Infringement proceedings are also under way against Italy and
Greece for incomplete transposal of Article 7 of the Directive.

The transposal of Article 7 of Directive 90/314/EEC on package
holidays, which requires organisers and/or retailers of package
holidays to provide security so that, in the event of insolvency,
consumers can be reimbursed and repatriated, is currently the
subject of a study by the competent Commission department.
This study is necessary because the national measures transpos-
ing this Directive are very varied and in some Member States
the level of protection afforded to consumers seems to be
barely adequate.

The problems associated with the transposal of Article 7 of
Directive 90/314/EEC are also clearly illustrated by the number
of referrals for a preliminary ruling to the Court of Justice. In
cases C-178/94 (Dillenkofer and Others v Germany) and
C-364/96 (Verein für Konsumenteninformation v O¨ sterreichische
Kreditversicherung AG), the Court adopted important decisions
regarding the scope of
this instrument. Cases C-140/97
(Rechberger and Others v Austria, which concerns, among other
things, the question of what legislative measures would be
to transpose Article 7 of Directive 90/314) and
sufficient
C-237/97 (AFS Finland ry v Kuluttajavirasto, on the question as
to whether the statutory activity of the AFS, namely the
placement of students on school exchanges, falls within the
scope of the Directive and whether, as a result, the AFS must
provide the security provided for in Article 7) are still pending.

2.16. COMMUNITY STAFF

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

A reasoned opinion was sent to the Spanish authorities on
13 September 1996 regarding their failure to meet
their
obligations under Article 12(b) of the Protocol on the Privileges
and Immunities of the European Community. Following the
issue to non-Spanish officials and other staff of the European
Communities of a document enabling them to prove they are
legally resident in Spain while assigned to a post there, the
Commission, before taking a decision on further action, wishes
to establish that the new permits do actually solve the problems
raised in the reasoned opinion.

Although the Court of Justice ruled on 17 July 1997 (Case
C-52/96 Commission v Kingdom of Spain) that Spain was failing
to fulfil its obligations under Article 11(2) of Annex VIII to the
Staff Regulations for Officials of the European Communities,
relating to the transfer of pension rights, it has not yet adopted
the necessary domestic measures. Infringement proceedings
against it therefore still stand.

Greece has also complied with the Staff Regulations by
approving national measures allowing the transfer of pension
rights of officials and other staff to the Community scheme.
The Commission has therefore dropped the infringement
proceeding.

The Court’s preliminary rulings on these matters and the
results of the abovementioned study will serve as a basis for
the prosecution by the Commission of any infringements of
Article 7 of Directive 90/314/EEC.

2.17. STATISTICS

A request was made for a preliminary ruling on Directive
90/88/EEC concerning consumer credit (C-208/98 Berliner Kindl
Bräuerie AG v Siepert) as to whether the Directive applied to
contracts of guarantee.

2.15.3. Progress in implementing consumer protection

Directives

The Member States’ obligations in statistical matters are
mainly to supply figures at predetermined intervals on specific
questions. There are no major problems as regards either the
application of statistical methods or compliance with deadlines
in the actual application of directly applicable Community
law.

However, infringement proceedings already begun against the
Spanish and French authorities for failure to submit monthly
data on the quantities and average prices of landings of fishery
products (Council Regulation (EEC) No 1382/91) and annual
catch statistics (Regulation (EEC) No 3880/91) continued in
1998.

Of the 12 Directives covered by this Chapter, 11 have been
transposed by all Member States. Only Directive 94/47/EC has
not yet been transposed by five Member States.

In the absence of undertakings from the French and Spanish
authorities that they would comply with Community law, the
Commission sent a reasoned opinion to France and two to
Spain.

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Following on from this, France began to submit the data
requested. The Commission was finally able to close the case
when it was established that France had introduced a statistical
the requirements of Regulation (EEC)
system that met
No 1382/91.

As for the two infringements involving Spain, it should be said
that the Spanish authorities have done all in their power to
bring their statistical system into line with the two fishing
Regulations.

Indeed, the Spanish authorities have begun to submit the data
requested and sent a ‘Global action plan on fishery statistics in
Spain’.
Examination of the document as a whole is very
positive. Work on the full installation of a suitable statistical
system is expected to be completed early in 1999. It would
appear from the present situation that it might be possible to
close the case in 1999.

On the question of transposing Community directives into
national law, it is evident that, as a general rule, most of the
delays in notifying national measures are linked to the
institutional and administrative structures in the Member
States.

A number of Member States had not yet notified the Com-
mission of the national measures transposing two Directives,
namely Council Directive 95/57/EC on the collection of
information in the field of tourism (six Member
statistical
States) and Council Directive 96/16/EC on statistical surveys
of milk and milk products (14 Member States).

Commission action to make the Member States comply with
the deadlines contained in the two Directives had the desired
effect.

The 20 infringement cases initiated in 1997 were closed
in 1998 following notification of national
implementing
measures.

Germany, Italy, Portugal and the United Kingdom (in the case
of Directive 95/57/EC) and Belgium, Denmark, Germany,
Greece, Spain, France, Italy, Luxembourg, the Netherlands,
Portugal, Finland, Sweden and the United Kingdom (in the
case of Directive 96/16/EC) have submitted all the information
necessary (national law or administrative act) for the infringe-
ment case to be closed.

in the case of Directive 95/57/EC, and
However, France,
Ireland, in the case of both Directives, notified their national
implementing measures only after the Commission had sent
them a reasoned opinion.

Directive 95/57/EC and Directive 96/16/EC can now at last be
said to have been transposed in all Member States.

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ANNEX I

DETECTION OF INFRINGEMENT CASES

Table 1.1.

Detection of infringement cases

Year

Complaints (1)

1995

1996

1997

1998

955

819

957

1 128

Total

297

257

261

396

Cases detected by Commission

Parliamentary
questions

Petitions

Non-communi-
cation (2)

30

22

13

18

4

4

4

7

459

1 079

760

610

Total

1 711

2 155

1 978

2 134

(1) In 1998, 52,86 % of the infringement cases originated in complaints, as opposed to 48,38 % in 1997.
(2) Non-communication: this category includes the non-communication of national measures transposing Community directives,

as well as the non-communication of technical regulations under Directive 98/34/EC.

Table 1.2.

Cases under examination by the Commission as of 31 December 1998, by year of opening (1)

Opened

Amount

Under
examination as
of 31.12.1998

Percentage of
cases under
examination

Complaints

Own initiative
cases

Non-
communication

1998

1997

1996

1995

1994

1993

1992

1991

1990

1989

1988

1987

1986

1985

1984

1978

2 134

1 978

2 068

1 979

2 432

2 374

2 531

2 279

2 570

2 976

2 328

1 768

1 600

1 279

905

136

1 525

582

238

204

158

69

49

44

41

25

12

5

4

7

9

7

71,46

29,42

11,51

10,31

6,50

2,91

1,94

1,93

1,60

0,84

0,52

0,28

0,25

0,55

0,99

5,15

804

291

91

88

66

26

19

11

10

10

3

1

1

0

0

0

349

138

93

91

70

35

29

31

30

13

8

2

2

7

3

7

372

153

54

25

22

8

1

2

1

2

1

2

1

0

6

0

Total

2 979

Total

1 421

Total

908

Total 650

(1) The cases under examination are the cases opened following a complaint, an own Commission’s initiative or a case of

non-communication, whether or not an infringement procedure was initiated.

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Figure 1.2.1.

Cases under examination as of 31.12.1998, by year of opening

1991

1992

1990

1989

1978 to 1988

1993

1994

1995

1996

1998

1997

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1.3 — BREAKDOWN BY MEMBER STATE OF THE CASES OPENED IN 1998

Table 1.3.1.

Own initiative cases detected by the Commission in 1998, by Member State

Member State

Opened

Under examination
as of 31.12.1998

396

349

48

38

34

33

32

31

28

27

23

22

18

17

17

14

14

12,12 %

9,60 %

8,59 %

8,33 %

8,08 %

7,83 %

7,07 %

6,82 %

5,81 %

5,56 %

4,55 %

4,29 %

4,29 %

3,54 %

3,54 %

42

30

31

27

29

29

22

26

23

19

15

16

14

12

14

12,03 %

8,60 %

8,88 %

7,74 %

8,31 %

8,31 %

6,30 %

7,45 %

6,59 %

5,44 %

4,30 %

4,58 %

4,01 %

3,44 %

4,01 %

Total

Spain

Italy

France

Austria

Belgium

Greece

Germany

Portugal

Sweden

Ireland

Finland

United Kingdom

Luxembourg

Netherlands

Denmark

Figure 1.3.1.1.

Own initiative cases detected by the Commission in 1998, by Member State

Denmark
3,54 %

Netherlands
3,54 %

Luxembourg
4,29 %
United Kingdom
4,29 %

Spain
12,12 %

Finland
4,55 %

Ireland
5,56 %

Sweden
5,81 %

Portugal
6,82 %

Germany
7,07 %

Belgium
8,08 %

Greece
7,83 %

Italy
9,60 %

France
8,59 %

Austria
8,33 %

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Table 1.3.2.

Complaints received in 1998, by Member State

Member State

Received

Cases under examination
as of 31.12.1998

Total

France

Germany

Spain

Italy

Greece

Belgium

Ireland

United Kingdom

Austria

Sweden

Netherlands

Portugal

Denmark

Finland

Luxembourg

1 128

203

163

145

121

75

66

66

59

48

48

39

38

33

20

4

18,00 %

14,45 %

12,85 %

10,73 %

6,65 %

5,85 %

5,85 %

5,23 %

4,26 %

4,26 %

3,46 %

3,37 %

2,93 %

1,77 %

0,35 %

804

121

110

104

91

61

45

46

44

40

31

32

33

25

18

3

15,05 %

13,68 %

12,94 %

11,32 %

7,59 %

5,60 %

5,72 %

5,47 %

4,98 %

3,86 %

3,98 %

4,10 %

3,11 %

2,24 %

0,37 %

Figure 1.3.2.1.

Complaints received in 1998, by Member State

Portugal
3,37 %

Denmark
2,93 %

Finland
1,77 %

Luxembourg
0,35 %

France
18,00 %

Germany
14,45 %

Netherlands
3,46 %

Sweden
4,26 %

Austria
4,26 %

United Kingdom
5,23 %

Ireland
5,85 %

Belgium
5,85 %

Greece
6,65 %

Spain
12,85 %

Italy
10,73 %

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Table 1.3.3.

Non-communication cases opened in 1998, by Member State

(non-communication of measures transposing directives and of technical regulations under Directive 98/34/EC)

Member State

Opened

Under examination
as of 31.12.1998

Total

Greece

Portugal

Luxembourg

France

Italy

Ireland

Belgium

Germany

Austria

United Kingdom

Sweden

Spain

Finland

Denmark

Netherlands

610

372

56

55

53

49

48

46

45

43

41

38

33

29

29

28

17

9,18 %

9,02 %

8,69 %

8,03 %

7,87 %

7,54 %

7,38 %

7,05 %

6,72 %

6,23 %

5,41 %

4,75 %

4,75 %

4,59 %

2,79 %

40

45

44

30

35

26

25

23

29

22

13

10

15

6

9

10,75 %

12,10 %

11,83 %

8,06 %

9,41 %

6,99 %

6,72 %

6,18 %

7,80 %

5,91 %

3,49 %

2,69 %

4,03 %

1,61 %

2,42 %

Figure 1.3.3.1.

Non-communication cases opened in 1998, by Member State

Netherlands
2,79 %

Denmark
4,59 %

Finland
4,75 %

Spain
4,75 %

Sweden
5,41 %

United Kingdom
6,23 %

Austria
6,72%

Germany
7,05 %

Greece
9,18 %

Portugal
9,02 %

Luxembourg
8,69 %

France
8,03 %

Italy
7,87 %

Belgium
7,38 %

Ireland
7,54 %

7.12.1999

EN

Official Journal of the European Communities

C 354/75

INFRINGEMENTS PROCEDURES – BREAKDOWN PER STAGE REACHED, LEGAL BASIS, MEMBER STATE AND SECTOR

ANNEX II

Established infringements — classified by stage of proceedings and Member State

Table 2.1.

Member State

1994

1995

1996

1997

1998

1994

1995

1996

1997

1998

1994

1995

1996

1997

1998

Letters of formal notice

Reasoned opinions

Referrals to Court

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

77

57

90

96

86

90

70

80

42

92

113

81

97

67

102

114

64

73

0

96

0

0

71

59

4

115

2

2

73

77

72

22

62

58

59

88

43

75

39

32

132

54

290

69

47

93

64

116

109

104

157

86

88

40

88

95

78

121

63

123

110

74

65

109

116

78

75

92

62

28

76

80

52

54

66

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

62

0

37

51

30

46

36

71

28

9

2

22

49

0

0

0

0

21

15

14

33

1

35

23

23

49

14

36

14

11

38

35

8

6

8

78

10

46

51

36

94

46

91

39

23

38

57

16

15

35

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

20

1

5

16

6

23

10

16

11

3

4

5

1

1

1

Total

974 1 016 1 142 1 461 1 101

546

192

435

334

675

89

72

92

121

123

Infringement proceedings classified by Member State, stage reached and legal basis

Table 2.2

1994

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Appli-
cation
problem

1995

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Appli-
cation
problem

Treaties/
Regu-
lations/
Deci-
sions

Treaties/
Regu-
lations/
Deci-
sions

1996

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Appli-
cation
problem

1997

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Treaties/
Regu-
lations/
Deci-
sions

Treaties/
Regu-
Appli-
lations/
Deci-
cation
problem sions

1998

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Treaties/
Regu-
Appli-
lations/
Deci-
cation
problem sions

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

93
33
18

64
1
0

116
35
19

109
23
10

104
23
7

157
49
15

86
14
6

123
36
20

74
14
3

65
11
3

72
15
11

53
0
0

71
22
12

87
14
8

68
8
2

74
14
9

71
9
5

65
18
14

65
10
7

46
3
1

4
1
2

6
0
0

12
4
2

3
0
1

10
4
0

9
3
1

4
2
0

11
4
1

5
2
0

4
1
0

7
5
3

2
1
0

22
5
4

7
5
1

11
7
3

44
18
4

10
3
1

26
5
5

3
1
0

9
5
2

10
12
2

3
0
0

11
4
1

12
4
0

15
4
2

30
14
1

1
0
0

21
9
0

1
1
1

6
2
0

88
78
20

40
10
1

88
46
5

95
51
16

78
36
6

121
94
23

63
46
10

110
91
16

62
39
11

28
23
3

45
41
9

28
4
0

43
21
1

58
34
7

31
15
3

49
43
7

46
39
9

48
45
14

54
30
9

15
12
0

10
10
0

1
2
0

8
7
0

8
2
0

4
3
1

14
6
3

2
0
1

10
8
0

3
1
0

2
3
0

14
11
2

3
2
0

21
9
3

17
6
8

28
7
2

26
22
8

11
4
0

25
22
1

3
6
0

6
3
3

19
16
9

8
2
1

16
9
1

12
9
1

15
11
0

32
23
5

4
3
0

27
16
1

2
2
2

5
5
0

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

B

DK

D

EL

E

F

IRL

I

L

NL

C
3
5
4
/
7
6

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

.

.

7
1
2
1
9
9
9

1994

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Appli-
cation
problem

1995

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Appli-
cation
problem

Treaties/
Regu-
lations/
Deci-
sions

Treaties/
Regu-
lations/
Deci-
sions

1996

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Appli-
cation
problem

1997

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Treaties/
Regu-
lations/
Deci-
sions

Treaties/
Regu-
lations/
Appli-
cation
Deci-
problem sions

1998

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Treaties/
Regu-
lations/
Appli-
cation
Deci-
problem sions

A

P

FIN

S

UK

Total

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

Article 169
RO
REF

0
0
0

96
54
5

0
0
0

0
0
0

73
21
1

974
546
89

0
0
0

70
49
5

0
0
0

0
0
0

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 1 016
192
14
72
16

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

23
8
3

105
42
7

89 1 142
435
28
92
6

123
0
0

34
37
5

284
0
0

61
0
0

26
11
0

801
320
60

0
1
0

5
8
1

0
0
0

1
0
0

3
1
1

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

109
38
0

116
35
14

78
8
0

75
6
0

92
8
1

85
33
0

85
18
7

64
8
0

58
6
0

65
1
0

4
0
0

7
6
5

2
0
0

8
0
0

8
2
0

115 1 461 1 029
179
334
28
76
121
8

97
29
12

11
4
0

18
5
2

8
0
0

4
0
0

14
5
1

196
69
26

9
1
0

6
6
0

4
0
0

5
0
0

5
0
0

76
38
4

80
57
5

52
16
1

54
15
1

66
35
1

43
25
1

53
37
0

29
8
0

34
8
0

39
22
0

139 1 101
675
57
123
7

615
384
60

14
3
0

5
5
0

7
1
0

7
2
0

12
6
0

107
59
5

11
6
2

12
10
2

9
6
0

6
2
0

9
3
0

8
4
1

10
5
3

7
1
1

7
3
1

6
4
1

201
119
31

178
113
27

RO = Reasoned opinion.
REF = Referral.

.

.

7
1
2
1
9
9
9

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
3
5
4
/
7
7

C 354/78

EN

Official Journal of the European Communities

7.12.1999

Figure 2.2.1.

Letters of formal notice sent in 1998, by legal basis and Member State

UK

S

FIN

P

A

39

12

9

6

34

7

6

7

29

7

9

7

53

5

12

10

43

14

11

8

NL

15

2 6

5

L

I

IRL

F

E

EL

D

DK

B

54

3 3 2

48

46

49

10

25

27

2

11

4

14

26

32

31

4

28

15

58

43

8

8

21

17

12

16

28

1 3

8

45

10

14

19

0

20

40

60

80

100

120

140

Directives:

Non-communication

Non-conformity

Bad application

Treatics/Regulations/Decisions:

Bad application

7.12.1999

EN

Official Journal of the European Communities

C 354/79

Figure 2.2.2.

Reasoned opinion sent in 1998, by legal basis and Member State

UK

S

FIN

P

A

22

6

3

4

8

8

2 2 3

1

6

1

37

5

10

5

25

3

6

4

NL

12

3

3

5

L

I

IRL

F

E

EL

D

30

1

6

2

45

39

43

8

22

4

3

6

22

16

23

15

3

7

11

34

2

6

9

21

7

9

9

DK

4 2 2 2

B

0

41

20

10

11

16

40

60

80

100

Directives:

Non-communication

Non-conformity

Bad application

Treaties/Regulations/Decisions:

Bad application

C 354/80

EN

Official Journal of the European Communities

7.12.1999

UK

S

FIN

P

A

NL

L

I

IRL

F

E

EL

D

DK

B

Figure 2.2.3.

Referrals to the Court in 1998, by legal basis and Member State

1

1

1

2

1

2

3

3

1

9

9

14

2

1

1

1

7

3

8

5

3

1

2

1

1

7

3

1

9

0

5

8

2

10

Directives:

Non-communication

Non-conformity

Bad application

Treaties/Regulations/Decisions:

Bad application

1

9

15

20

25

7.12.1999

EN

Official Journal of the European Communities

C 354/81

Figure 2.2.4.

Letters of formal notice, reasoned opinions and cases referred to the Court of Justice:
comparison between 1997 and 1998 by stage of proceeding and legal basis

1200

1029

1000

800

600

400

200

0

615

384

179

196

139

97

69 57

29

76

12 26

7

201

178

107

119113

59

60

31 27

5

LFN 1997

RO 1997

REF 1997

LFN 1998

RO 1998

REF 1998

Directives:

Non-communication

Non-conformity

Bad application

Treaties/Regulations/Decisions:

Bad application

LFN = Letters of Formal Notice
RO = Reasoned opinion
REF = Referral

C 354/82

EN

Official Journal of the European Communities

7.12.1999

Cases under examination — procedure statement as of 31.12.1998, by Member State

Table 2.3.

Total

(1)

(2)

(3)

(4)

(5)

(6)

(7)

2 979

1 730

58,07 %

861

49,77 %

226

13,06 %

39

419 14,07 %

254 14,68 % 60,62 %

139 16,14 % 54,72 %

42 18,58 % 16,54 %

329 11,04 %

205 11,85 % 62,31 %

123 14,29 % 60,00 %

31 13,72 % 15,12 %

6,50 % 40,00 %

7,55 % 50,78 %

16

19

7,08 % 11,43 %

8,41 % 14,84 %

8,48 % 51,77 %

28 12,39 % 19,86 %

10

9,54 % 69,33 %

102 11,85 % 61,82 %

34 15,04 % 20,61 %

7,55 % 45,77 %

11

4,87 % 7,75 %

293

291

241

238

199

174

163

146

115

114

101

81

75

9,84 %

9,77 %

8,09 %

7,99 %

6,68 %

5,84 %

5,47 %

4,90 %

3,86 %

3,83 %

3,39 %

2,72 %

2,52 %

140

128

141

165

142

97

98

86

97

59

49

44

25

8,09 % 47,78 %

7,40 % 43,99 %

8,15 % 58,51 %

56

65

73

8,21 % 71,36 %

5,61 % 55,75 %

5,66 % 60,12 %

4,97 % 58,90 %

5,61% 84,35 %

3,41% 51,75 %

2,83 % 48,51 %

2,54 % 54,32 %

65

40

34

50

48

32

13

13

4,65 % 41,24 %

3,95 % 34,69 %

5,81 % 58,14 %

5,57 % 49,48 %

3,72 % 54,24 %

1,51 % 26,53 %

1,51 % 29,55 %

7

5

11

12

7

1

1

1

3,10 % 7,22 %

2,21 % 5,10 %

4,87 % 12,79 %

5,31 % 12,37 %

3,10 % 11,86 %

0,44 % 2,04 %

0,44 % 2,27 %

0,44 % 4,00 %

6

6

2

2

5

2

3

0

1

2

0

0

0

0

Total

France

Italy

Germany

Spain

Greece

Belgium

Portugal

United Kingdom

Austria

Ireland

Luxembourg

Netherlands

Sweden

Finland

Denmark

1,45 % 33,33 %

8

0,93 % 32,00 %

(1) = Cases under examination as of 31.12.1998 for which the infringement procedure has been opened and percentages with regard to all the cases.
(2) = Percentage of cases for which the infringement procedure has been opened with regard to cases under examination as of 31.12.1998 concerning this Member

State.

(3) = Cases for which a reasoned opinion has been sent and percentages with regard to all cases.
(4) = Percentage of cases for which a reasoned opinion has been sent with regard to all cases under examination as of 31.12.1998 concerning this Member State.
(5) = Cases brought to the Court of Justice and percentages with regard to all cases.
(6) = Percentage of cases referred to the Court of Justice with regard to all cases under examination as of 31.12.1998 for this Member State.
(7) = Cases for which the Article 171 procedure of the Treaty has been opened.

7.12.1999

EN

Official Journal of the European Communities

C 354/83

Cases under examination as of 31.12.1998 for which the infringement procedure has been opened, by Member State

Figure 2.3.1.

254

205

300

250

200

150

100

50

165

140

141

142

128

97

98

97

86

59

49

44

25

0

France

Italy

Germany

Spain

Greece

Belgium

Kingdom

Portugal
United

Austria

Luxembourg
Ireland

Netherlands

Sweden

Finland

Denmark

C 354/84

EN

Official Journal of the European Communities

7.12.1999

Cases under examination as of 31.12.1998, for which a reasoned opinion has been sent, by Member State

Figure 2.3.2.

139

123

102

73

65

65

56

40

34

50

48

32

13

13

8

160

140

120

100

80

60

40

20

0

France

Italy

Germany

Spain

Greece

Belgium

Kingdom

Portugal
United

Austria

Luxembourg
Ireland

Netherlands

Sweden

Finland

Denmark

7.12.1999

EN

Official Journal of the European Communities

C 354/85

Cases under examination as of 31.12.1998 referred to the Court of Justice of the European Communities, by Member State

Figure 2.3.3.

42

31

34

28

19

16

11

11

12

7

5

7

45

40

35

30

25

20

15

10

5

0

Francia

Italia

Germania

Spagna

Grecia

Belgio

Unito

Portogallo
Regno

1

1

1

Austria

Irlanda
Lussemburgo

PaesiBassi

Svezia

Finlandia

Danimarca

C 354/86

EN

Official Journal of the European Communities

7.12.1999

Cases under examination as of 31.12.1998, for which the Article 171 procedure has been opened, by Member State

Figure 2.3.4.

Ireland

Luxembourg

France

United Kingdom

Portugal

Belgium

Greece

Italy

Germany

Spain

7.12.1999

EN

Official Journal of the European Communities

C 354/87

Table 2.4.

Cases under examination as of 31.12.1998, by sector

Sector

Total

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Total

Environment

Internal Market

Agriculture

Industry

Social affairs

Customs and taxation

Transport

Competition

Telecommunications

Consumers

Fisheries

Financial affairs

Budgets

Audiovisual

Energy

Education

Tourism

External relations

Personnel

Regional policies

Statistical Office

Justice

39

14

8

2

8

1

2

1

2

1

2 979

1 730

58,07 %

861

49,77 %

226

13,06 %

772 25,91 %

321 18,55 % 41,58 %

203 23,58 % 63,24 %

58 25,66 % 18,07 %

750 25,18 %

417 24,10 % 55,60 %

190 22,07 % 45,56 %

49 21,68 % 11,75 %

406 13,63 %

251 14,51 % 61,82 %

110 12,78 % 43,82 %

8,69 %

216 12,49 % 83,40 %

9,52 % 37,96 %

17

13

7,52 % 6,77 %

5,75 % 6,02 %

259

179

178

169

66

68

29

28

26

16

7

6

6

5

2

2

2

2

1

82

61

52

6,01 %

5,98 %

5,67 %

2,22 %

2,28 %

0,97 %

0,94 %

0,87 %

0,54 %

0,23 %

0,20 %

0,20 %

0,17 %

0,07 %

0,07 %

0,07 %

0,07 %

0,03 %

117

106

150

26

41

16

18

19

15

6

6

1

0

0

2

0

2

0

6,76 % 65,36 %

6,13 % 59,55 %

7,08 % 52,14 %

25 11,06 % 21,37 %

6,04 % 49,06 %

18

7,96 % 16,98 %

8,67 % 88,76 %

97 11,27 % 64,67 %

25 11,06 % 16,67 %

1,50 % 39,39 %

2,37 % 60,29 %

0,92 % 55,17 %

1,04 % 64,29 %

1,10 % 73,08 %

0,87 % 93,75 %

0,35 % 85,71 %

0,35 % 100,00 %

0,06 % 16,67 %

0,00 %

0,00 %

0,00 %

0,00 %

0,12 % 100,00 %

0,00 %

0,00 %

0,12 % 100,00 %

0,00 %

0,00 %

0,93 % 30,77 %

1,05 % 21,95 %

1,16 % 62,50 %

1,28 % 61,11 %

1,39 % 63,16 %

0,35 % 20,00 %

0,35 % 50,00 %

0,70 % 100,00 %

0,23 % 100,00 %

0,23 % 100,00 %

8

9

10

11

12

3

3

6

0

0

0

2

0

2

0

1,33 % 11,54 %

0,00 % 0,00 %

2,21 % 31,25 %

0,88 % 11,11 %

1,77 % 21,05 %

0,44 % 6,67 %

0,44 % 16,67 %

1,77 % 66,67 %

0,44 % 50,00 %

3

0

5

2

4

1

1

4

0

0

0

1

0

0

0

(1) = Cases under examination as of 31.12.1998 for which the infringement procedure has been opened and percentages with regard to all the cases.
(2) = Percentage of cases for which the infringement procedure has been opened with regard to cases under examination as of 31.12.1998 concerning this sector.
(3) = Cases for which a reasoned opinion has been sent and percentages with regard to all cases.
(4) = Percentage of cases for which a reasoned opinion has been sent with regard to all cases under examination as of 31.12.1998 concerning this sector.
(5) = Cases brought to the Court of Justice and percentages with regard to all cases.
(6) = Percentage of cases referred to the Court of Justice with regard to all cases under examination as of 31.12.1998 for this sector.
(7) = Cases for which the Article 171 procedure of the Treaty has been opened.

C 354/88

EN

Official Journal of the European Communities

7.12.1999

Cases under examination as of 31.12.1998 for which the infringement procedure has been opened, by sector

Figure 2.4.1.

417

321

450

400

350

300

250

200

150

100

50

251

216

150

117

106

0

Agriculture
Environment
Internalmarket

Telecommunications
Competition
Customsandtaxation
Consumers
Industry
Transport
Socialaffairs

41

26

16

18

19

15

6

6

1

0

0

2

0

2

Fisheries
Financialaffairs
Budgets
Audiovisual

StatisticalOffice
Tourism
Education
Energy
Externalrelations
Regionalpolicies
Personnel

7.12.1999

EN

Official Journal of the European Communities

C 354/89

Cases under examination as of 31.12.1998 for which a reasoned opinion has been opened, by sector

Figure 2.4.2.

Financial affairs

Budgets

Fisheries

Consumers

Audiovisual Energy

Statistical Office

Personnel

Telecommunications

Competition

Transport

Customs and taxation

Social affairs

Industry

Agriculture

Environment

Internal market

C 354/90

EN

Official Journal of the European Communities

7.12.1999

Cases under examination as of 31.12.1998 referred to the Court of Justice, by sector

Figure 2.4.3.

Budgets

Financial affairs

Fisheries

Consumers

Competition

Transport

Audiovisual

Energy

Personnel

Environment

Customs and taxation

Social affairs

Internal market

Industry

Agriculture

7.12.1999

EN

Official Journal of the European Communities

C 354/91

Cases under examination as of 31.12.1998 for which a procedure ex-Article 171 has been initiated, by sector

Figure 2.4.4.

Audiovisual

Fisheries

Competition

Transport

Customs and taxation

Environment

Social affairs

Industry

Internal market

C 354/92

EN

Official Journal of the European Communities

7.12.1999

Table 2.5.

Cases closed in 1998

By stage

Total

Non-communication

Except
non-communication

before sending a letter of formal notice

before sending a reasoned opinion

679

844

34,63 %

8

0,88 %

43,04 %

587

64,65 %

671

257

63,72 %

24,41 %

before deciding to bring the case to the
Court of Justice

before the referral to the Court of Justice

withdrawal

before sending the Article 171 formal not-
ice

before sending the Article 171 reasoned
opinion

before deciding to bring the Article 171
case to the Court of Justice

before the Article 171 referral to the Court
of Justice

withdrawal

207

10,56 %

148

16,30 %

97

55

56

13

5

4

1

4,95 %

2,80 %

2,86 %

0,66 %

0,25 %

0,20 %

0,05 %

61

48

41

10

3

2

0

6,72 %

5,29 %

4,52 %

1,10 %

0,33 %

0,22 %

0,00 %

59

36

7

15

3

2

2

1

5,60 %

3,42 %

0,66 %

1,42 %

0,28 %

0,19 %

0,19 %

0,09 %

Total

1 961

908

1 053

7.12.1999

EN

Official Journal of the European Communities

C 354/93

Figure 2.5.1.

Cases closed in 1998, by stage

Before sending the Article 171
reasoned opinion

Before deciding to bring the Article 171
case to the Court of Justice

Before sending the Article 171
formal notice

Withdrawal

Before the referral to
the Court of Justice

Before deciding to bring the case
to the Court of Justice

Before the Article 171 referral
to the Court of Justice

Article 171 case withdrawal

Before sending a letter
of formal notice

Before sending a reasoned opinion

C 354/94

EN

Official Journal of the European Communities

7.12.1999

Figure 2.5.2.

Cases of non-communication closed in 1998, by stage

Before sending the Article 171
formal notice

Before sending the Article 171
reasoned opinion

Before deciding to bring the Article 171
case to the Court of Justice

Before the Article 171 referral
to the Court of Justice

Withdrawal

Before the referral
to the Court of Justice

Before sending a letter
of formal notice

Before deciding to bring
the case to the Court of Justice

Before sending a reasoned opinion

7.12.1999

EN

Official Journal of the European Communities

C 354/95

Figure 2.5.3.

Cases closed in 1998 except non-communication, by stage

Before sending the Article 171
formal notice

Before sending the Article 171
reasoned opinion

Withdrawal
Before the referral
to the Court of Justice

Before deciding to bring
the case to the Court of Justice

Before sending a reasoned opinion

Before deciding to bring the Article 171
case to the Court of Justice

Before the Article 171 referral
to the Court of Justice

Article 171 withdrawal

Before sending a letter
of formal notice

Table 2.6.

Evolution of the closure decisions

Total of the closure decisions

Closure of an opened
infringement procedure

1 961

2 112

1 483

1 975

1 189

1 282

1 494

670

1 332

648

Year

1998

1997

1996

1995

1994

C 354/96

EN

Official Journal of the European Communities

7.12.1999

ANNEX III

INFRINGEMENTS OF TREATIES, REGULATIONS AND DECISIONS

ECONOMIC AFFAIRS AND FREE MOVEMENT OF CAPITAL

A U S T R I A

INFRINGEMENT: 96/4512
LEGAL BASIS (CELEX CODE): 157E073;
TITLE: ADMINISTRATIVE AUTHORISATION FOR PURCHASES OF LAND (WITH OR WITHOUT BUILDINGS) BY NON-NATIONALS
98/10/28: TERMINATION

A U S T R I A

INFRINGEMENT: 95/4372
LEGAL BASIS (CELEX CODE): 157E073;
TITLE: FREE MOVEMENT OF CAPITAL — RIGHT OF RESIDENCE
REASONED OPINION SENT: 98/05/29: SG(98)D/04257

B E L G I U M

INFRINGEMENT: 98/2090
LEGAL BASIS (CELEX CODE): 157E052;157E073;
TITLE: PROCEDURE FOR AUTHORISATION TO EXCEED INVESTMENT THRESHOLDS ‘SNTC’
REASONED OPINION SENT: 98/12/18: SG(98)D/12024

B E L G I U M

INFRINGEMENT: 98/2089
LEGAL BASIS (CELEX CODE): 157E052;157E073;
TITLE: PROCEDURE FOR AUTHORISATION TO EXCEED INVESTMENT THRESHOLDS ‘DISTRIGAZ’
REASONED OPINION SENT: 98/12/18: SG(98)D/12028

B E L G I U M

INFRINGEMENT: 94/5075
LEGAL BASIS (CELEX CODE): 157E073;
TITLE: FREE MOVEMENT OF CAPITAL/SUBSCRIPTION TO A LOAN DENOMINATED IN DEM
REASONED OPINION SENT: 97/04/16: SG(97)D/2920
FIRST REFERRAL TO COURT PRESENTED: 98/12/21
NUMBER OF CASE IN COURT OF JUSTICE: C-98/478

S P A I N

INFRINGEMENT: 96/2154
LEGAL BASIS (CELEX CODE): 157E052;157E058;157E073;
TITLE: RESTRICTIONS CONCERNING FOREIGN INVESTMENTS
REASONED OPINION SENT: 98/10/16: SG(98)D/8696

F R A N C E

INFRINGEMENT: 94/2190
LEGAL BASIS (CELEX CODE): 157E052;157E059;
TITLE: ADMISSION OF SECURITIES TO THE CAPITAL MARKET
REASONED OPINION SENT: 97/04/14: SG(97)D/02812
FIRST REFERRAL TO COURT PRESENTED: 98/07/08
NUMBER OF CASE IN COURT OF JUSTICE: C-98/245

7.12.1999

EN

Official Journal of the European Communities

C 354/97

F R A N C E

INFRINGEMENT: 94/2209
LEGAL BASIS (CELEX CODE): 157E052;157E073;
TITLE: PROCEDURE FOR AUTHORISATION TO EXCEED INVESTMENT THRESHOLDS — GOLDEN SHARE ELF-AQUITAINE
REASONED OPINION SENT: 98/12/11: SG(98)D/11608

G R E E C E

INFRINGEMENT: 95/4535
LEGAL BASIS (CELEX CODE): 157E073;
TITLE: RESTRICTIONS ON ACQUISITION OF REAL PROPERTY
REASONED OPINION SENT: 98/04/07: SG(98)D/02935
REFERRAL DECIDED ON IN 1998

I T A L Y

INFRINGEMENT: 94/2210
LEGAL BASIS (CELEX CODE): 157E052;157E073;
TITLE: RESTRICTIONS CONCERNING FOREIGN INVESTMENTS IN PRIVATISED COMPANIES
REASONED OPINION SENT: 98/08/10: SG(98)D/06985
NUMBER OF CASE IN COURT OF JUSTICE: C-99/058
REFERRAL DECIDED ON IN 1998

P O R T U G A L

INFRINGEMENT: 91/2097
LEGAL BASIS (CELEX CODE): 157E052;157E058;157E221;
TITLE: DISCRIMINATION REGARDING FOREIGN INVESTMENT IN PRIVATISED COMPANIES
REASONED OPINION SENT: 95/05/29: SG(95)D/6717
FIRST REFERRAL TO COURT PRESENTED: 98/10/14
NUMBER OF CASE IN COURT OF JUSTICE: C-98/367

INDUSTRY

G R E E C E

INFRINGEMENT: 94/4276
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: QUALITY CONTROL — CERTAIN IMPORTED STEEL PRODUCTS
REASONED OPINION SENT: 98/12/04: SG(98)D/11287

S W E D E N

INFRINGEMENT: 96/2188
LEGAL BASIS (CELEX CODE): 393R2309;
TITLE: REGULATION (EEC) No 2309/93
REASONED OPINION SENT: 98/02/11: SG(98)D/01201

C 354/98

EN

Official Journal of the European Communities

7.12.1999

COMPETITION

I T A L Y

INFRINGEMENT: 93/2181
LEGAL BASIS (CELEX CODE): 157E003;157E005;157E085;
TITLE: CUSTOMS AGENTS
REASONED OPINION SENT: 95/06/21: SG(95)D/7832
FIRST REFERRAL TO COURT PRESENTED: 96/02/09
NUMBER OF CASE IN COURT OF JUSTICE: C-96/035
DATE OF COURT JUDGMENT: 98/06/18
JUDGMENT FOR: COMMISSION

B E L G I U M

INFRINGEMENT: 95/2313
LEGAL BASIS (CELEX CODE): 157E086;157E090;157E169;
TITLE: SYSTEM OF LANDING CHARGES AT BRUSSELS NATIONAL AIRPORT
FIRST REFERRAL TO COURT PRESENTED: 97/04/23
NUMBER OF CASE IN COURT OF JUSTICE: C-97/155
DATE OF DECISION TO WITHDRAW: 98/05/18

S P A I N

INFRINGEMENT: 91/0755
LEGAL BASIS (CELEX CODE): 157E030;157E034;157E037;157E048;
TITLE: EXCLUSIVE RIGHTS — ELECTRICITY
98/06/24: TERMINATION

F R A N C E

INFRINGEMENT: 91/0751
LEGAL BASIS (CELEX CODE): 157E030;157E034;157E037;
TITLE: EXCLUSIVE RIGHTS — GAS AND ELECTRICITY
98/06/24: TERMINATION

I T A L Y

INFRINGEMENT: 91/0757
LEGAL BASIS (CELEX CODE): 157E030;157E034;157E037;
TITLE: EXCLUSIVE RIGHTS — ELECTRICITY
98/06/24: TERMINATION

N E T H E R L A N D S

INFRINGEMENT: 91/0759
LEGAL BASIS (CELEX CODE): 157E030;157E037;
TITLE: EXCLUSIVE RIGHTS — ELECTRICITY
98/06/24: TERMINATION

B E L G I U M

INFRINGEMENT: 89/0030
LEGAL BASIS (CELEX CODE): 157E171;384D0508;
TITLE: AID FOR IDEALSPUN/BEAULIEU
REASONED OPINION SENT: 89/08/30: SG(89)D/11165
FIRST REFERRAL TO COURT PRESENTED: 89/12/18
NUMBER OF CASE IN COURT OF JUSTICE: C-89/375
DATE OF JUDGMENT: 91/02/19
JUDGMENT FOR: COMMISSION

7.12.1999

EN

Official Journal of the European Communities

C 354/99

SOCIAL AFFAIRS AND EMPLOYMENT

G E R M A N Y

INFRINGEMENT: 97/4182
LEGAL BASIS (CELEX CODE): 157E051;157E052;157E059;371R1408;
TITLE: CONTRIBUTION TO KU¨ NSTLERSOZIALVERSICHERUNG
REASONED OPINION SENT: 98/08/07: SG(98)D/06929
REFERRAL TO COURT DECIDED ON IN 1998

G E R M A N Y

INFRINGEMENT: 94/4125
LEGAL BASIS (CELEX CODE): 157E006;368R1612;600J1696;675J0048;689J0357;694J0245;
TITLE: FAMILY ALLOWANCES AND RESIDENCE CARDS
REASONED OPINION SENT: 97/05/23: SG(97)D/03956

G E R M A N Y

INFRINGEMENT: 95/4670
LEGAL BASIS (CELEX CODE): 368R1612;
TITLE: REFUSAL TO MAKE WELFARE PAYMENTS
REASONED OPINION SENT: 98/06/23: SG(98)D/05016

B E L G I U M

INFRINGEMENT: 98/2057
LEGAL BASIS (CELEX CODE): 157E052;368R1612;
TITLE: FRONTIER WORKERS — REDUCED FARES FOR LARGE FAMILIES
REASONED OPINION SENT: 98/12/04: SG(98)D/11289

B E L G I U M

INFRINGEMENT: 95/4831
LEGAL BASIS (CELEX CODE): 157E051;157E235;371R1408;683J0275;
TITLE: WELFARE CONTRIBUTIONS LEVIED ON BELGIAN PENSIONS
REASONED OPINION SENT: 97/11/06: SG(97)D/09192
FIRST REFERRAL TO COURT PRESENTED: 98/09/22
NUMBER OF CASE IN COURT OF JUSTICE: C-98/347

B E L G I U M

INFRINGEMENT: 96/4042
LEGAL BASIS (CELEX CODE): 371R1408;
TITLE: CUMULATION OF PENSIONS, WHERE ONE IS CONTRIBUTORY
98/12/02: TERMINATION

B E L G I U M

INFRINGEMENT: 96/4041
LEGAL BASIS (CELEX CODE): 371R1408;
TITLE: MEDICAL AUTHORISATION FOR RESIDENCE IN ANOTHER MEMBER STATE
REASONED OPINION SENT: 97/08/07: SG(97)D/06840

C 354/100

EN

Official Journal of the European Communities

7.12.1999

B E L G I U M

INFRINGEMENT: 89/0457
LEGAL BASIS (CELEX CODE): 157E007;157E128;157E171;
TITLE: FINANCING OF STUDENTS — NATIONALITY DISCRIMINATION
REASONED OPINION SENT: 91/03/21: SG(91)D/5883
FIRST REFERRAL TO COURT PRESENTED: 93/02/17
NUMBER OF CASE IN COURT OF JUSTICE: C-93/047
DATE OF COURT JUDGMENT: 94/05/03
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 95/10/03: SG(95)D/12292
ARTICLE 171 REASONED OPINION SENT: 98/04/22: SG(98)D/03223

B E L G I U M

INFRINGEMENT: 88/0072
LEGAL BASIS (CELEX CODE): 157E238;
TITLE: TAXES CHARGED IN BRUSSELS DISTRICTS FOR APPLICATIONS FOR RESIDENCE AND WORK PERMITS BY TURKISH NATIONALS
REASONED OPINION SENT: 98/03/04: SG(98)D/01895
98/12/02: TERMINATION

D E N M A R K

INFRINGEMENT: 96/4516
LEGAL BASIS (CELEX CODE): 157E048;686J0127;693J0415;
TITLE: RESTRICTION ON USE OF CAR, INTER ALIA FOR OCCUPATIONAL PURPOSES, BY FRONTIER WORKERS
REASONED OPINION SENT: 98/05/18: SG(98)D/03884

S P A I N

INFRINGEMENT: 98/2059
LEGAL BASIS (CELEX CODE): 157E052;368R1612;
TITLE: FRONTIER WORKERS — REDUCED FARES FOR LARGE FAMILIES
REASONED OPINION SENT: 98/10/28: SG(98)D/09040

S P A I N

INFRINGEMENT: 96/4628
LEGAL BASIS (CELEX CODE): 157E048;
TITLE: ACCESS TO PUBLIC EMPLOYMENT — NATIONALITY DISCRIMINATION
REASONED OPINION SENT: 98/11/17: SG(98)D/09628

F R A N C E

INFRINGEMENT: 96/4305
LEGAL BASIS (CELEX CODE): 157E051;371R1408;
TITLE: RESIDENCE PERMITS AND SOCIAL SECURITY CONTRIBUTIONS
REASONED OPINION SENT: 97/07/16: SG(97)D/05734
98/12/02: TERMINATION: MIN(98)1411

F R A N C E

INFRINGEMENT: 97/4332
LEGAL BASIS (CELEX CODE): 157E051;371R1408;
TITLE: REFUSAL TO GRANT INVALIDITY BENEFITS
REASONED OPINION SENT: 98/09/09: SG(98)D/07572

7.12.1999

EN

Official Journal of the European Communities

C 354/101

F R A N C E

INFRINGEMENT: 96/4558
LEGAL BASIS (CELEX CODE): 157E051;371R1408;
TITLE: SOCIAL SECURITY CONTRIBUTION TO REIMBURSE THE SOCIAL DEBT AND FRONTIER WORKERS
REASONED OPINION SENT: 97/07/23: SG(97)D/06031
FIRST REFERRAL TO COURT PRESENTED: 98/02/12
NUMBER OF CASE IN COURT OF JUSTICE: C-98/034

F R A N C E

INFRINGEMENT: 94/5152
LEGAL BASIS (CELEX CODE): 157E0051;
TITLE: CALCULATION OF UNEMPLOYMENT BENEFITS
REASONED OPINION SENT: 97/07/16: SG(97)D/05732

F R A N C E

INFRINGEMENT: 93/4433
LEGAL BASIS (CELEX CODE): 157E052;368R1612;
TITLE: SNCF — REDUCTIONS FOR LARGE FAMILIES
REASONED OPINION SENT: 98/05/15: SG(98)D/03849

F R A N C E

INFRINGEMENT: 93/4403
LEGAL BASIS (CELEX CODE): 368R1612;696J0057;697J0035;
TITLE: CALCULATION OF SUPPLEMENTARY RETIREMENT BENEFITS FOR FRONTIER WORKERS
REASONED OPINION SENT: 95/07/28: SG(95)D/10329
FIRST REFERRAL TO COURT PRESENTED: 97/01/24
NUMBER OF CASE IN COURT OF JUSTICE: C-97/035
DATE OF COURT JUDGMENT: 98/09/24
JUDGMENT FOR: COMMISSION

F R A N C E

INFRINGEMENT: 93/4947
LEGAL BASIS (CELEX CODE): 157E048;157E051;371R1408;
TITLE: APPLICATION OF GENERAL SOCIAL CONTRIBUTION TO FRONTIER WORKERS
REASONED OPINION SENT: 97/12/16: SG(97)D/10625
FIRST REFERRAL TO COURT PRESENTED: 98/05/07
NUMBER OF CASE IN COURT OF JUSTICE: C-98/169

F R A N C E

INFRINGEMENT: 95/4801
LEGAL BASIS (CELEX CODE): 371R1408;690J0018;693J0058;694J0103;
TITLE: SOCIAL SECURITY — FAILURE TO RESPECT EQUAL TREATMENT IN INTERNATIONAL AGREEMENTS
REASONED OPINION SENT: 97/10/17: SG(97)D/08558

G R E E C E

INFRINGEMENT: 91/4957
LEGAL BASIS (CELEX CODE): 157E048;692J0419;
TITLE: PERIODS WORKED IN OTHER MEMBER STATES — CALCULATION OF SENIORITY
REASONED OPINION SENT: 95/05/18: SG(95)D/6530
FIRST REFERRAL TO COURT PRESENTED: 96/06/04
NUMBER OF CASE IN COURT OF JUSTICE: C-96/187
DATE OF COURT JUDGMENT: 98/03/12
JUDGMENT FOR: COMMISSION
98/06/24: TERMINATION

C 354/102

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Official Journal of the European Communities

7.12.1999

G R E E C E

INFRINGEMENT: 90/4816
LEGAL BASIS (CELEX CODE): 157E048;157E171;368R1612;
TITLE: NATIONALITY DISCRIMINATION
REASONED OPINION SENT: 93/08/03: SG(93)D/13307
FIRST REFERRAL TO COURT PRESENTED: 94/04/27
NUMBER OF CASE IN COURT OF JUSTICE: C-94/123
DATE OF COURT JUDGMENT: 95/06/01
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 97/01/24: SG(97)D/00570
98/06/24: TERMINATION

G R E E C E

INFRINGEMENT: 92/4760
LEGAL BASIS (CELEX CODE): 157E048;157E052;157E059;368R1612;675J0032;
TITLE: NATIONALITY DISCRIMINATION — LARGE-FAMILY STATUS
REASONED OPINION SENT: 95/05/18: SG(95)D/6528
FIRST REFERRAL TO COURT PRESENTED: 96/06/03
NUMBER OF CASE IN COURT OF JUSTICE: C-96/185
DATE OF COURT JUDGMENT: 98/10/29
JUDGMENT FOR: COMMISSION

G R E E C E

INFRINGEMENT: 91/0583
LEGAL BASIS (CELEX CODE): 157E048;368R1612;694J290;
TITLE: ACCESS TO PUBLIC EMPLOYMENT — NATIONALITY DISCRIMINATION
REASONED OPINION SENT: 92/07/13: SG(92)D/9438
FIRST REFERRAL TO COURT PRESENTED: 94/10/26
NUMBER OF CASE IN COURT OF JUSTICE: C-94/290
DATE OF COURT JUDGMENT: 96/07/02
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 98/07/02: SG(98)D/05296
ARTICLE 171 REASONED OPINION SENT: 98/12/30: SG(98)D/12490

I T A L Y

INFRINGEMENT: 96/2208
LEGAL BASIS (CELEX CODE): 157E005;157E048;368R1612;NONE;
TITLE: DISCRIMINATION AGAINST FOREIGN-LANGUAGE ASSISTANTS
REASONED OPINION SENT: 97/05/16: SG(97)D/03767

I T A L Y

INFRINGEMENT: 96/4630
LEGAL BASIS (CELEX CODE): 157E048;
TITLE: ACCESS TO EMPLOYMENT — DOCTORS (BOLZANO) — NATIONALITY DISCRIMINATION
REASONED OPINION SENT: 98/05/18: SG(98)D/03879
98/12/02: TERMINATION: MIN(98)1411

L U X E M B O U R G

INFRINGEMENT: 98/2058
LEGAL BASIS (CELEX CODE): 157E052;368R1612;
TITLE: FRONTIER WORKERS — REDUCED FARES FOR LARGE FAMILIES
REASONED OPINION SENT: 98/10/28: SG(98)D/09042
DATE COMMISSION DECISION: 98/12/02: AM — P.M.: MIN(98)1411

7.12.1999

EN

Official Journal of the European Communities

C 354/103

L U X E M B O U R G

INFRINGEMENT: 91/0222
LEGAL BASIS (CELEX CODE): 157E048;368R1612;693J047;
TITLE: ACCESS TO PUBLIC EMPLOYMENT
REASONED OPINION SENT: 92/07/14: SG(92)D/9481
FIRST REFERRAL TO COURT PRESENTED: 93/12/17
NUMBER OF CASE IN COURT OF JUSTICE: C-93/473
DATE OF COURT JUDGMENT: 96/07/02
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 97/12/17: SG(97)D/38454
ARTICLE 171 REASONED OPINION: 98/07/13: SG(98)D/05711
ARTICLE 171 REFERRAL DECIDED ON IN 1998

N E T H E R L A N D S

INFRINGEMENT: 95/4045
LEGAL BASIS (CELEX CODE): 357E048;368R1612;
TITLE: PARTICIPATION IN PENSION FUND
REASONED OPINION SENT: 98/09/16: SG(98)D/07667

U N I T E D K I N G D O M

INFRINGEMENT: 93/4738
LEGAL BASIS (CELEX CODE): 157E048;
TITLE: POSSIBILITY OF EXPELLING NON-COMMUNITY SPOUSE OF A COMMUNITY NATIONAL
REASONED OPINION SENT: 98/06/09: SG(98)D/4503

U N I T E D K I N G D O M

INFRINGEMENT: 92/2247
LEGAL BASIS (CELEX CODE): 157E048;368R1612;
TITLE: NATIONALITY DISCRIMINATION — UNIVERSITY EDUCATION
REASONED OPINION SENT: 95/11/14: SG(95)D/14062
98/12/02: TERMINATION

AGRICULTURE

S P A I N

INFRINGEMENT: 97/2227
LEGAL BASIS (CELEX CODE): 392R3950;393R536;
TITLE: INCORRECT APPLICATION OF MILK QUOTAS SCHEME
REASONED OPINION SENT: 98/05/07: SG(98)D/03614

S P A I N

INFRINGEMENT: 97/2117
LEGAL BASIS (CELEX CODE): 157E005;392D0562;394D0381;394D0382;396D0449;
TITLE: ESB RULES
REASONED OPINION SENT: 98/02/03: SG(98)D/00967

F R A N C E

INFRINGEMENT: 95/4430
LEGAL BASIS (CELEX CODE): 389R1576;
TITLE: SALE OF SPIRITUOUS BEVERAGES CONTAINING THE WORD ‘WHISKY’
REASONED OPINION SENT: 97/05/02: SG(97)D/3504
REFERRAL DECIDED ON IN 1998

C 354/104

EN

Official Journal of the European Communities

7.12.1999

F R A N C E

INFRINGEMENT: 94/4466
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: BARRIERS TO IMPORTS OF SPANISH STRAWBERRIES
REASONED OPINION SENT: 95/05/05: SG(95)D/5798
FIRST REFERRAL TO COURT PRESENTED: 95/08/04
NUMBER OF CASE IN COURT OF JUSTICE: C-95/265
DATE OF COURT JUDGMENT: 97/12/09
JUDGMENT FOR: COMMISSION

G R E E C E

INFRINGEMENT: 95/4951
LEGAL BASIS (CELEX CODE): 392R3479;395R1067;
TITLE: PROCEDURES AND CHECKS — RAW TOBACCO
REASONED OPINION SENT: 98/06/11: SG(98)D/04593
REFERRAL DECIDED ON IN 1998

I T A L Y

INFRINGEMENT: 97/2228
LEGAL BASIS (CELEX CODE): NONE;
TITLE: INCORRECT APPLICATION OF MILK QUOTAS SCHEME
REASONED OPINION SENT: 98/05/04: SG(98)D/03510

TRANSPORT

G E R M A N Y

INFRINGEMENT: 96/2073
LEGAL BASIS (CELEX CODE): 157E005;157E052;389R2299;392R2407;392R2408;392R2409;
TITLE: CONCLUSION OF OPEN SKIES AGREEMENTS WITH THE UNITED STATES OF AMERICA
REASONED OPINION SENT: 98/03/16: SG(98)D/02185
FIRST REFERRAL TO COURT PRESENTED: 98/12/18
NUMBER OF CASE IN COURT OF JUSTICE: C-98/476

U N I T E D K I N G D O M

INFRINGEMENT: 95/2125
LEGAL BASIS (CELEX CODE): 157E052;392R2407;
TITLE: CONCLUSION OF OPEN SKIES AGREEMENT WITH THE UNITED STATES OF AMERICA
REASONED OPINION SENT: 98/03/16: SG(98)D/02191
FIRST REFERRAL TO COURT PRESENTED: 98/12/18
NUMBER OF CASE IN COURT OF JUSTICE: C-98/466

S P A I N

INFRINGEMENT: 96/2163
LEGAL BASIS (CELEX CODE): 392R2408;
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
REASONED OPINION SENT: 98/12/14: SG(98)D/11702

G R E E C E

INFRINGEMENT: 93/4037
LEGAL BASIS (CELEX CODE): 157E007;157E059;392R2408;
TITLE: AIRPORT TAXES
REASONED OPINION SENT: 98/06/11: SG(98)D/04595

7.12.1999

EN

Official Journal of the European Communities

C 354/105

I R E L A N D

INFRINGEMENT: 96/2161
LEGAL BASIS (CELEX CODE): 392R2408;
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
REASONED OPINION SENT: 98/07/02: SG(98)D/05255
REFERRAL TO COURT DECIDED ON IN 1998

I T A L Y

INFRINGEMENT: 96/2162
LEGAL BASIS (CELEX CODE): 392R2408;
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
REASONED OPINION SENT: 98/12/14: SG(98)D/11700

N E T H E R L A N D S

INFRINGEMENT: 96/2165
LEGAL BASIS (CELEX CODE): 392R2408;
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
REASONED OPINION SENT: 98/12/14: SG(98)D/11690

P O R T U G A L

INFRINGEMENT: 96/2164
LEGAL BASIS (CELEX CODE): 392R2408;
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
REASONED OPINION SENT: 98/06/30: SG(98)D/05145
REFERRAL TO COURT DECIDED ON IN 1998

U N I T E D K I N G D O M

INFRINGEMENT: 94/4653
LEGAL BASIS (CELEX CODE): 157E0006;157E0059;392R2408;
TITLE: INTRODUCTION OF A NEW TAX ON PASSENGERS
REASONED OPINION SENT: 98/06/23: SG(98)D/05024

B E L G I U M

INFRINGEMENT: 93/2101
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: SEA TRANSPORT — CARGO CONFERENCES
REASONED OPINION SENT: 95/12/21: SG(95)D/16798
FIRST REFERRAL TO COURT PRESENTED: 97/05/05
NUMBER OF CASE IN COURT OF JUSTICE: C-97/176
DATE OF COURT JUDGMENT: 98/06/11
JUDGMENT FOR: COMMISSION
98/12/02: TERMINATION

B E L G I U M

INFRINGEMENT: 95/2161
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: AGREEMENTS WITH MCWCS COUNTRIES
REASONED OPINION SENT: 97/06/16: SG(97)D/04503
FIRST REFERRAL TO COURT PRESENTED: 98/05/25
NUMBER OF CASE IN COURT OF JUSTICE: C-98/201

C 354/106

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Official Journal of the European Communities

7.12.1999

B E L G I U M

INFRINGEMENT: 91/0600
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: CARGO-SHARING ARRANGEMENT IN BLEU-TOGO AGREEMENT
REASONED OPINION SENT: 93/10/11: SG(93)D/1634
FIRST REFERRAL TO COURT PRESENTED: 98/05/08
NUMBER OF CASE IN COURT OF JUSTICE: C-98/171

B E L G I U M

INFRINGEMENT: 91/0601
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: CARGO-SHARING ARRANGEMENT IN BELGIUM-ZAIRE AGREEMENT
REASONED OPINION SENT: 93/10/11: SG(93)D/16346
FIRST REFERRAL TO COURT PRESENTED: 98/05/08
NUMBER OF CASE IN COURT OF JUSTICE: C-98/170

B E L G I U M

INFRINGEMENT: 90/0354
LEGAL BASIS (CELEX CODE): 157E007;157E048;157E052;157E058;
TITLE: COMMERCIAL VESSELS — FLAG RIGHTS
REASONED OPINION SENT: 93/06/04: SG(93)D/9153
REFERRAL DECIDED ON IN 1998

S P A I N

INFRINGEMENT: 93/2100
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: SEA TRANSPORT — CARGO CONFERENCES
REASONED OPINION SENT: 95/12/06: SG(95)D/15599
FIRST REFERRAL TO COURT PRESENTED: 97/06/27
NUMBER OF CASE IN COURT OF JUSTICE: C-97/238
98/06/24: TERMINATION

S P A I N

INFRINGEMENT: 91/0469
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: FREEDOM TO PROVIDE SERVICES — SEA TRANSPORT BETWEEN SPAIN AND GABON
REASONED OPINION SENT: 94/01/19: SG(94)D/7
98/06/24: TERMINATION

F R A N C E

INFRINGEMENT: 96/2168
LEGAL BASIS (CELEX CODE): 157E052;
TITLE: GRANT OF FLAG RIGHTS
REASONED OPINION SENT: 98/12/14: SG(98)D/11714

F R A N C E

INFRINGEMENT: 95/2198
LEGAL BASIS (CELEX CODE): 392R3577;
TITLE: CABOTAGE
REASONED OPINION SENT: 97/04/25: SG(97)D/3208
REFERRAL DECIDED ON IN 1998

7.12.1999

EN

Official Journal of the European Communities

C 354/107

G R E E C E

INFRINGEMENT: 96/2014
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: SEA TRANSPORT — MAINTENANCE OF NATIONAL LEGISLATION CONTRARY TO REGULATION (EEC) No 4055/86
REASONED OPINION SENT: 98/04/06: SG(98)D/02867
98/06/24: TERMINATION

G R E E C E

INFRINGEMENT: 90/0356
LEGAL BASIS (CELEX CODE): 157E005;157E007;157E048;157E052;157E221;
TITLE: FLAG RIGHTS
REASONED OPINION SENT: 93/07/27: SG(93)D/12698
FIRST REFERRAL TO COURT PRESENTED: 96/03/07
NUMBER OF CASE IN COURT OF JUSTICE: C-96/062
DATE OF COURT JUDGMENT: 97/11/27
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 98/09/24: SG(98)D/07968

I R E L A N D

INFRINGEMENT: 90/0357
LEGAL BASIS (CELEX CODE): 157E005;157E007;157E048;157E052;157E058;157E171;
TITLE: FLAG RIGHTS
REASONED OPINION SENT: 93/06/18: SG(93)D/10001
FIRST REFERRAL TO COURT PRESENTED: 96/05/06
NUMBER OF CASE IN COURT OF JUSTICE: C-96/151
DATE OF COURT JUDGMENT: 97/06/12
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 98/09/23: SG(98)D/07925

I T A L Y

INFRINGEMENT: 97/4482
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: TAX ON EMBARKATION AND DISEMBARKATION OF PASSENGERS — FREEDOM TO PROVIDE SERVICES
REASONED OPINION SENT: 98/12/14: SG(98)D/11696

I T A L Y

INFRINGEMENT: 95/2197
LEGAL BASIS (CELEX CODE): 392R3577;
TITLE: MARITIME CABOTAGE
REASONED OPINION SENT: 97/03/11: SG(97)D/1926
98/06/24: TERMINATION

I T A L Y

INFRINGEMENT: 93/2105
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: SEA TRANSPORT — CARGO CONFERENCES
REASONED OPINION SENT: 95/12/21: SG(95)D/16796
98/06/24: TERMINATION

I T A L Y

INFRINGEMENT: 95/2165
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: AGREEMENTS WITH MCWCS COUNTRIES
REASONED OPINION SENT: 97/10/31: SG(97)D/08968
98/10/07: TERMINATION

C 354/108

EN

Official Journal of the European Communities

7.12.1999

I T A L Y

INFRINGEMENT: 91/2148
LEGAL BASIS (CELEX CODE): 157E007;157E048;157E052;157E058;157E221;
TITLE: FLAG RIGHTS
REASONED OPINION SENT: 93/06/30: SG(93)D/10928
98/06/24: TERMINATION

L U X E M B O U R G

INFRINGEMENT: 95/2162
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: AGREEMENTS WITH MCWCS COUNTRIES
REASONED OPINION SENT: 97/07/29: SG(97)D/06336
FIRST REFERRAL TO COURT PRESENTED: 98/05/24
NUMBER OF CASE IN COURT OF JUSTICE: C-98/202

L U X E M B O U R G

INFRINGEMENT: 93/2102
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: SEA TRANSPORT — CARGO CONFERENCES
REASONED OPINION SENT: 95/12/21: SG(95)D/16800
FIRST REFERRAL TO COURT PRESENTED: 97/05/05
NUMBER OF CASE IN COURT OF JUSTICE: C-97/177
DATE OF COURT JUDGMENT: 98/06/11
JUDGMENT FOR: COMMISSION
98/12/02: TERMINATION

N E T H E R L A N D S

INFRINGEMENT: 90/0358
LEGAL BASIS (CELEX CODE): 157E005;157E007;157E048;157E052;157E058;157E221;
TITLE: FLAG RIGHTS
REASONED OPINION SENT: 93/06/30: SG(93)D/10930

P O R T U G A L

INFRINGEMENT: 95/2163
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: AGREEMENTS WITH MCWCS COUNTRIES
REASONED OPINION SENT: 97/06/06: SG(97)D/04244
FIRST REFERRAL TO COURT PRESENTED: 98/02/27
NUMBER OF CASE IN COURT OF JUSTICE: C-98/062

P O R T U G A L

INFRINGEMENT: 95/2164
LEGAL BASIS (CELEX CODE): 386R4055;
TITLE: SEA TRANSPORT — CARGO CONFERENCES
REASONED OPINION SENT: 97/06/06: SG(97)D/04240
FIRST REFERRAL TO COURT PRESENTED: 98/03/27
NUMBER OF CASE IN COURT OF JUSTICE: C-98/084

B E L G I U M

INFRINGEMENT: 96/2040
LEGAL BASIS (CELEX CODE): 394R2978;
TITLE: SEA TRANSPORT — FAILURE TO NOTIFY NATIONAL MEASURES IMPLEMENTING REGULATION (EC) No 2978/94
REASONED OPINION SENT: 97/02/07: SG(97)D/00945
98/06/24: TERMINATION

7.12.1999

EN

Official Journal of the European Communities

C 354/109

COMMUNITY STAFF

S P A I N

INFRINGEMENT: 93/2297
LEGAL BASIS (CELEX CODE): 165FPRI;165FPRO;
TITLE: RESIDENCE PERMITS
REASONED OPINION SENT: 96/09/13: SG(96)D/08014

S P A I N

INFRINGEMENT: 91/2315
LEGAL BASIS (CELEX CODE): 368R0259;
TITLE: TRANSFER OF PENSION RIGHTS
REASONED OPINION SENT: 93/12/13: SG(93)D/20161
FIRST REFERRAL TO COURT PRESENTED: 96/01/21
NUMBER OF CASE IN COURT OF JUSTICE: C-96/052
DATE OF COURT JUDGMENT: 97/07/17
JUDGMENT FOR: COMMISSION

G R E E C E

INFRINGEMENT: 93/2139
LEGAL BASIS (CELEX CODE): 368R0259;
TITLE: TRANSFERS TO COMMUNITY PENSION SCHEME
REASONED OPINION SENT: 95/08/14: SG(95)A/10881
98/10/07: TERMINATION

ENVIRONMENT

B E L G I U M

INFRINGEMENT: 97/2165
LEGAL BASIS (CELEX CODE): 392R0880;
TITLE: INCORRECT APPLICATION OF REGULATION (EEC) No 880/92
REASONED OPINION SENT: 98/08/06: SG(98)D/06865
REFERRAL DECIDED ON IN 1998

G R E E C E

INFRINGEMENT: 96/2151
LEGAL BASIS (CELEX CODE): 393R1836;
TITLE: FAILURE TO NOTIFY MEASURES TRANSPOSING REGULATION (EEC) No 1836/93.
REASONED OPINION SENT: 98/08/06: SG(98)D/06873
REFERRAL DECIDED ON IN 1998
DATE OF COMMISSION DECISION: 98/12/02: REFERRAL: MIN(98)1411

G R E E C E

INFRINGEMENT: 93/4663
LEGAL BASIS (CELEX CODE): 382R3626;397R0338;
TITLE: CITIES — ATHENS
REASONED OPINION SENT: 98/05/06: SG(98)D/03579
REFERRAL DECIDED ON IN 1998

C 354/110

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Official Journal of the European Communities

7.12.1999

P O R T U G A L

INFRINGEMENT: 96/2153
LEGAL BASIS (CELEX CODE): 393R1836;
TITLE: INCORRECT APPLICATION OF REGULATION (EEC) No 1836/93
REASONED OPINION SENT: 98/06/23: SG(98)D/:05026
REFERRAL DECIDED ON IN 1998

FISHERIES

B E L G I U M

INFRINGEMENT: 90/0248
LEGAL BASIS (CELEX CODE): 157E007;157E034;157E048;157E052;157E058;381R3796;383R0170;
TITLE: LICENSING TERMS AND/OR FLAG RIGHTS FOR FISHING VESSELS
REASONED OPINION SENT: 93/03/23: SG(93)D/4629
REFERRAL DECIDED ON IN 1998

D E N M A R K

INFRINGEMENT: 93/2219
LEGAL BASIS (CELEX CODE): 383R0170;387R2241;389R4047;
TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT (1990)
REASONED OPINION SENT: 98/07/24: SG(98)D/06263

S P A I N

INFRINGEMENT: 88/0356
LEGAL BASIS (CELEX CODE): 382R2057;387R2241;
TITLE: OBLIGATION TO COOPERATE — FISHERIES INSPECTIONS
REASONED OPINION SENT: 89/11/20: SG(89)D/14536
98/12/02: TERMINATION

S P A I N

INFRINGEMENT: 92/2256
LEGAL BASIS (CELEX CODE): 383R0170;387R2241;389R4047;
TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT
REASONED OPINION SENT: 97/07/08: SG(97)D/05307

F R A N C E

INFRINGEMENT: 90/0418
LEGAL BASIS (CELEX CODE): 383R0170;387R2241;387R3977;
TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT — OVERFISHING 1988
REASONED OPINION SENT: 92/09/29: SG(92)D/12966
DATE OF COMMISSION DECISION: 98/12/02: REFERRAL — IMMEDIATE EXECUTION: MIN(98)1411

F R A N C E

INFRINGEMENT: 84/0445
LEGAL BASIS (CELEX CODE): 157E171;382R2057;383R0171;
TITLE: INCORRECT INSPECTION FOR COMPLIANCE WITH TECHNICAL CONSERVATION MEASURES
REASONED OPINION SENT: 86/11/18: SG(86)D/13614
FIRST REFERRAL TO COURT PRESENTED: 88/02/29
NUMBER OF CASE IN COURT OF JUSTICE: C-88/064
DATE OF COURT JUDGMENT: 91/06/11
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 93/10/11: SG(93)D/16336
ARTICLE 171 REASONED OPINION SENT: 96/04/17: SG(96)D/03959

7.12.1999

EN

Official Journal of the European Communities

C 354/111

F R A N C E

INFRINGEMENT: 92/2258
LEGAL BASIS (CELEX CODE): 383R0170;387R2241;389R4047;
TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT
REASONED OPINION SENT: 97/06/04: SG(97)D/04238
REFERRAL DECIDED ON IN 1998

G R E E C E

INFRINGEMENT: 90/0328
LEGAL BASIS (CELEX CODE): 157E007;157E048;157E052;157E058;157E171;157E221;383R0170;
TITLE: LICENSING TERMS AND/OR FLAG RIGHTS FOR FISHING VESSELS
REASONED OPINION SENT: 93/07/27: SG(93)D/12698
FIRST REFERRAL TO COURT PRESENTED: 96/03/07
NUMBER OF CASE IN COURT OF JUSTICE: C-96/062
DATE OF COURT JUDGMENT: 97/11/27
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 98/09/24: SG(98)D/07968

I T A L Y

INFRINGEMENT: 90/0332
LEGAL BASIS (CELEX CODE): 157E007;157E048;157E052;157E058;157E221;383R0170;
TITLE: LICENSING TERMS AND/OR FLAG RIGHTS FOR FISHING VESSELS
REASONED OPINION SENT: 93/03/11: SG(93)D/3851
98/06/24: TERMINATION

P O R T U G A L

INFRINGEMENT: 89/2109
LEGAL BASIS (CELEX CODE): 157E007;157E030;157E034;157E052;
TITLE: LICENSING TERMS AND/OR FLAG RIGHTS FOR FISHING VESSELS
REASONED OPINION SENT: 98/10/30: SG(98)D/09144

U N I T E D K I N G D O M

INFRINGEMENT: 92/4211
LEGAL BASIS (CELEX CODE): 157E007;157E052;383R0173;
TITLE: GRANT OF FISHING QUOTAS IN 1992
REASONED OPINION SENT: 98/01/14: SG(98)D/00277

U N I T E D K I N G D O M

INFRINGEMENT: 91/0637
LEGAL BASIS (CELEX CODE): 383R0170;387R2241;387R3977;388R4194;
TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT — OVERFISHING 1988
REASONED OPINION SENT: 96/04/17: SG(96)D/3961
REFERRAL TO COURT DECIDED ON IN 1997

U N I T E D K I N G D O M

INFRINGEMENT: 87/0398
LEGAL BASIS (CELEX CODE): 382R2057;383R0170;385R3721;385R3732;
TITLE: OVERFISHING 1985 to 1986
REASONED OPINION SENT: 89/02/09: SG(89)D/1749
REFERRAL DECIDED ON IN 1998

C 354/112

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Official Journal of the European Communities

7.12.1999

INTERNAL MARKET AND FINANCIAL SERVICES

F I N L A N D

INFRINGEMENT: 96/2033
LEGAL BASIS (CELEX CODE): 157E006;157E008;
TITLE: ACCESS TO CERTAIN AREAS OF FINNISH TERRITORY — AUTHORISATION REQUIRED FOR FOREIGNERS
REASONED OPINION SENT: 98/12/30: SG(98)D/12494

I T A L Y

INFRINGEMENT: 94/4523
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: MESSINA STRAITS BRIDGE — CONTRACT AWARDED TO AN ITALIAN PUBLIC-SECTOR COMPANY
REASONED OPINION SENT: 97/10/24: SG(97)D/08732
98/12/02: TERMINATION

G E R M A N Y

INFRINGEMENT: 96/4170
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: BARRIERS TO IMPORTS OF VITAMIN SUPPLEMENTS
REASONED OPINION SENT: 98/12/30: SG(98)D/12510

G E R M A N Y

INFRINGEMENT: 94/4521
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: PUBLIC PROCUREMENT — DISCRIMINATION AGAINST PRODUCTS MANUFACTURED IN ANOTHER MEMBER STATE
REASONED OPINION SENT: 98/04/07: SG(98)D/02900
98/12/02: TERMINATION

G E R M A N Y

INFRINGEMENT: 91/4782
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: ‘ADVOCAAT’ LIQUEUR — OBLIGATION TO SPECIFY USE OF BETA-CAROTENE ON LABELS
REASONED OPINION SENT: 96/07/10: SG(96)D/06268
98/06/24: TERMINATION

A U S T R I A

INFRINGEMENT: 96/4270
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: IMPORTS OF SAUSAGE (SALAMI)
REASONED OPINION SENT: 98/05/29: SG(98)D/04259

A U S T R I A

INFRINGEMENT: 95/2153
LEGAL BASIS (CELEX CODE): 157E30;157E37;
TITLE: MANUFACTURED TOBACCO MONOPOLY
REASONED OPINION SENT: 97/05/21

7.12.1999

EN

Official Journal of the European Communities

C 354/113

B E L G I U M

INFRINGEMENT: 96/4808
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: PARALLEL IMPORTS OF PHARMACEUTICAL PRODUCTS
REASONED OPINION SENT: 98/12/18: SG(98)D/12026

B E L G I U M

INFRINGEMENT: 95/2037
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: LABELLING OF FOODSTUFFS
REASONED OPINION SENT: 98/02/04: SG(98)D/00965
REFERRAL DECIDED ON IN 1998

B E L G I U M

INFRINGEMENT: 91/2245
LEGAL BASIS (CELEX CODE): 157E030;157E031;157E032;157E033;157E034;157E035;157E036;
TITLE: USE OF MICROLIGHT AIRCRAFT
REASONED OPINION SENT: 98/03/23: SG(98)D/02363

B E L G I U M

INFRINGEMENT: 82/0316
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE
REASONED OPINION SENT: 83/09/19: SG(83)D/11374
98/06/24: TERMINATION

S P A I N

INFRINGEMENT: 95/4849
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: SALE OF LOOSE TEA
REASONED OPINION SENT: 97/07/07: SG(97)D/05199

S P A I N

INFRINGEMENT: 93/2226
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: REGULATION ON CHOCOLATE
REASONED OPINION SENT: 98/07/29: SG(98)D/06507

S P A I N

INFRINGEMENT: 95/4198
LEGAL BASIS (CELEX CODE): 157E030;157E036;157E171;
TITLE: REGISTRATION OF A CAR — TECHNICAL INSPECTION
REASONED OPINION SENT: 97/12/03: SG(97)D/10049

F R A N C E

INFRINGEMENT: 97/4419
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: BARRIERS TO MARKETING OF SWIMMING-POOL TREATMENT PRODUCTS
REASONED OPINION SENT: 98/11/23: SG598)D/10966

C 354/114

EN

Official Journal of the European Communities

7.12.1999

F R A N C E

INFRINGEMENT: 97/4239
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: SEIZURE OF SPARE PARTS IN TRANSIT — PROTECTION OF DESIGNS AND MODELS (COUNTERFEITS)
REASONED OPINION SENT: 98/07/24: SG(98)D/06273
FIRST REFERRAL TO COURT PRESENTED: 99/02/02
NUMBER OF CASE IN THE COURT OF JUSTICE: C-99/023

F R A N C E

INFRINGEMENT: 96/4209
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: REFUSAL TO ISSUE INDIVIDUAL AIRWORTHINESS CERTIFICATE FOR A HELICOPTER
REASONED OPINION SENT: 98/06/18: SG(98)D/04934

F R A N C E

INFRINGEMENT: 95/2175
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: MATERIALS AND OBJECTS IN RUBBER IN CONTACT WITH FOODSTUFFS
REASONED OPINION SENT: 97/12/03: SG(97)D/10079

F R A N C E

INFRINGEMENT: 95/2176
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: TECHNOLOGICAL AUXILIARIES USED IN PREPARING FOODSTUFFS
REASONED OPINION SENT: 98/03/27: SG(98)D/02456

F R A N C E

INFRINGEMENT: 92/4438
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: ALCOHOLIC BEVERAGES WITH AN ALCOHOL CONTENT IN EXCESS OF 250 BY VOLUME; SOCIAL SECURITY CONTRIBUTION; LABELLING
REASONED OPINION SENT: 97/07/07: SG(97)D/05215
FIRST REFERRAL TO COURT PRESENTED: 98/09/01
NUMBER OF CASE IN COURT OF JUSTICE: C-98/326

F R A N C E

INFRINGEMENT: 93/2067
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: ADDITIVES IN FOODSTUFFS
REASONED OPINION SENT: 98/10/26: SG(98)D/08993

F R A N C E

INFRINGEMENT: 94/2150
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: ENZYMATIC PREPARATIONS IN CERTAIN FOODSTUFFS AND BEVERAGES FOR HUMAN CONSUMPTION
REASONED OPINION SENT: 98/05/15: SG(98)D/03853

F R A N C E

INFRINGEMENT: 94/2201
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: PUBLIC HEALTH — OBLIGATION TO REGISTER REAGENTS
REASONED OPINION SENT: 98/08/10: SG(98)D/06961
REFERRAL TO COURT DECIDED ON IN 1998

7.12.1999

EN

Official Journal of the European Communities

C 354/115

F R A N C E

INFRINGEMENT: 93/2222
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: PREPARATIONS BASED ON FOIE GRAS
REASONED OPINION SENT: 94/10/14: SG(94)D/14519
FIRST REFERRAL TO COURT PRESENTED: 96/05/31
NUMBER OF CASE IN COURT OF JUSTICE: C-96/184
DATE OF COURT JUDGMENT: 98/10/22
JUDGMENT FOR: COMMISSION

F R A N C E

INFRINGEMENT: 94/4226
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: PROHIBITION ON MARKETING THE RECTELLA BARBECUE
REASONED OPINION SENT: 98/05/19: SG(98)D/03925
REFERRAL DECIDED ON IN 1998

F R A N C E

INFRINGEMENT: 85/0269
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE
REASONED OPINION SENT: 87/11/12: SG(87)D/13711
98/06/24: TERMINATION

F R A N C E

INFRINGEMENT: 91/0555
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: OBLIGATION TO HALLMARK IMPORTED PRODUCTS IN PRECIOUS METAL
REASONED OPINION SENT: 96/07/10: SG(96)D/06266

F R A N C E

INFRINGEMENT: 91/0562
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: RULES ON EDIBLE PASTA
REASONED OPINION SENT: 98/07/29: SG(98)D/06501
REFERRAL DECIDED ON IN 1998

G R E E C E

INFRINGEMENT: 95/4580
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: PRICES OF MEDICINES
REASONED OPINION SENT: 97/09/23: SG(97)D/07834
REFERRAL DECIDED ON IN 1998

G R E E C E

INFRINGEMENT: 96/4609
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: BARRIERS TO THE MARKETING OF DIETARY SUPPLEMENTS
REASONED OPINION SENT: 98/08/31: SG(98)D/07391

C 354/116

EN

Official Journal of the European Communities

7.12.1999

G R E E C E

INFRINGEMENT: 92/2222
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: STORAGE AND MARKETING OF PETROLEUM PRODUCTS
REASONED OPINION SENT: 97/06/17: SG(97)D/04572
FIRST REFERRAL TO COURT PRESENTED: 98/11/06
NUMBER OF CASE IN COURT OF JUSTICE: C-98/398

I R E L A N D

INFRINGEMENT: 92/2085
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: IMPORTS OF OBJECTS OF PRECIOUS METALS
REASONED OPINION SENT: 96/11/11: SG(96)D/09650
FIRST REFERRAL TO COURT PRESENTED: 99/02/05
NUMBER OF CASE IN COURT OF JUSTICE: C-99/030

I R E L A N D

INFRINGEMENT: 89/0335
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: TOBACCO PRICING RULES
REASONED OPINION SENT: 90/07/12: SG(90)D/24400

I T A L Y

INFRINGEMENT: 97/4579
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: BARRIERS TO IMPORTS OF SPECIAL FOODSTUFFS FOR SPORTSMEN
REASONED OPINION SENT: 98/12/18: SG(98)D/12016

I T A L Y

INFRINGEMENT: 95/2314
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: CHOCOLATE AND CHOCOLATE PRODUCTS
REASONED OPINION SENT: 98/07/29: SG(98)D/06503

I T A L Y

INFRINGEMENT: 96/2243
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: WEIGHTS AND MEASURES ACT
REASONED OPINION SENT: 98/03/23: SG(98)D/02377

I T A L Y

INFRINGEMENT: 93/4698
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: BARRIERS TO MARKETING OF SPECIAL FOODSTUFFS FOR SPORTSMEN
REASONED OPINION SENT: 96/09/04: SG(96)D/07694
98/06/24: TERMINATION

7.12.1999

EN

Official Journal of the European Communities

C 354/117

I T A L Y

INFRINGEMENT: 92/2116
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: IMPORTS OF OBJECTS OF PRECIOUS METALS
REASONED OPINION SENT: 96/03/08: SG(96)D/02953
REFERRAL DECIDED ON IN 1998

I T A L Y

INFRINGEMENT: 93/4146
LEGAL BASIS (CELEX CODE): 157E030;157E171;
TITLE: APPROVAL AND REGISTRATION OF A VEHICLE (TOWING DEVICE)
REASONED OPINION SENT: 98/04/07: SG(98)D/02937

I T A L Y

INFRINGEMENT: 91/4303
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: SUPPLY OF EQUIPMENT
REASONED OPINION SENT: 93/06/18: SG(93)D/10007
98/06/24: TERMINATION

I T A L Y

INFRINGEMENT: 94/4883
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: BARRIERS TO IMPORTS OF NON-ALCOHOLIC BEVERAGES
REASONED OPINION SENT: 97/09/23: SG(97)D/07828

I T A L Y

INFRINGEMENT: 94/4248
LEGAL BASIS (CELEX CODE): 157E030;157E036;157E171;
TITLE: PRICES OF MEDICINES
REASONED OPINION SENT: 98/09/09: SG(98)D/07570

I T A L Y

INFRINGEMENT: 90/0397
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: MARKETING OF WHOLEMEAL BREAD
REASONED OPINION SENT: 91/03/18: SG(91)D/5566
98/06/24: TERMINATION

N E T H E R L A N D S

INFRINGEMENT: 97/2060
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: RULES OF 24.5.96 ON THE ADDITION OF MICRO-FOODS TO FOODSTUFFS
REASONED OPINION SENT: 98/08/31: SG(98)D/07383

N E T H E R L A N D S

INFRINGEMENT: 94/5125
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: BARRIERS TO IMPORTS OF VITAMIN-ENRICHED FOODSTUFFS
REASONED OPINION SENT: 97/09/23: SG(97)D/07832
REFERRAL DECIDED ON IN 1998

C 354/118

EN

Official Journal of the European Communities

7.12.1999

N E T H E R L A N D S

INFRINGEMENT: 94/4810
LEGAL BASIS (CELEX CODE): 157E030;157E036;157E171;
TITLE: BARRIERS TO IMPORTS OF VITAMIN-ENRICHED MARGARINE
REASONED OPINION SENT: 98/08/31: SG(98)D/07377

N E T H E R L A N D S

INFRINGEMENT: 94/4075
LEGAL BASIS (CELEX CODE): 157E030;157E036;
TITLE: IMPORTS OF VITAMIN- AND IRON-ENRICHED FOODSTUFFS
REASONED OPINION SENT: 97/09/23: SG(97)D/07824
REFERRAL DECIDED ON IN 1998

P O R T U G A L

INFRINGEMENT: 92/2082
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: IMPORTS OF OBJECTS OF PRECIOUS METALS
REASONED OPINION SENT: 97/02/24: SG(97)D/01372
98/06/24: TERMINATION

U N I T E D K I N G D O M

INFRINGEMENT: 82/0320
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: REFUSAL TO ISSUE IMPORT LICENCES FOR CODEINE
REASONED OPINION SENT: 83/09/06: SG(83)D/10910
98/06/24: TERMINATION

U N I T E D K I N G D O M

INFRINGEMENT: 89/0034
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: PATENT LICENCES
REASONED OPINION SENT: 89/08/28: SG(89)D/11009
FIRST REFERRAL TO COURT PRESENTED: 90/01/31
NUMBER OF CASE IN COURT OF JUSTICE: C-90/030
DATE OF COURT JUDGMENT: 92/02/18
JUDGMENT FOR: COMMISSION

B E L G I U M

INFRINGEMENT: 95/4631
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: PARALLEL IMPORTS OF PESTICIDES
REASONED OPINION SENT: 97/09/22: SG(97)D/07778
98/12/02: TERMINATION

S W E D E N

INFRINGEMENT: 95/4466
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: IMPORTS OF OIL TANKER-TRUCKS
REASONED OPINION SENT: 98/08/31: SG(98)D/07385

7.12.1999

EN

Official Journal of the European Communities

C 354/119

S W E D E N

INFRINGEMENT: 95/4665
LEGAL BASIS (CELEX CODE): 157E030;
TITLE: BARRIERS TO IMPORTS OF PRESSURE CONTAINERS
REASONED OPINION SENT: 98/06/11: SG(98)D/04601

G E R M A N Y

INFRINGEMENT: 96/4509
LEGAL BASIS (CELEX CODE): 157E052;157E059;
TITLE: TEMPORARY POSTING OF WORKERS IN THE CONTEXT OF A WORKING GROUP
REASONED OPINION SENT: 98/12/22: SG(98)D/12233

G E R M A N Y

INFRINGEMENT: 95/4563
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: RESTRICTIONS ON THE MOVEMENTS OF THIRD-COUNTRY NATIONALS IN RELATION TO FREEDOM TO PROVIDE SERVICES
REASONED OPINION SENT: 98/08/07: SG(98)D/06915

G E R M A N Y

INFRINGEMENT: 95/4441
LEGAL BASIS (CELEX CODE): 157E006;157E059;
TITLE: ACTION BEFORE NATIONAL COURTS — SUM REQUIRED OF NON-ESTABLISHED COMPANIES
REASONED OPINION SENT: 98/07/08: SG(98)D/05439

G E R M A N Y

INFRINGEMENT: 92/4643
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: OBLIGATION TO ESTABLISH A BRANCH IN GERMANY
REASONED OPINION SENT: 97/11/12: SG(97)D/09388

A U S T R I A

INFRINGEMENT: 96/4150
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: DISCRIMINATION IN PAYMENT OF WAGES AND SALARIES OF WORKERS ON TEMPORARY POSTING
REASONED OPINION SENT: 98/05/25: SG(98)D/04040
REFERRAL DECIDED ON IN 1998

B E L G I U M

INFRINGEMENT: 96/2248
LEGAL BASIS (CELEX CODE): 157E006;157E048;157E052;157E059;
TITLE: DISCRIMINATORY TAX LEVIED BY BELGIAN ELECTRICITY COMPANY
REASONED OPINION SENT: 98/11/23: SG(98)D/10968

B E L G I U M

INFRINGEMENT: 95/2105
LEGAL BASIS (CELEX CODE): 157E048;157E052;157E059;
TITLE: RESTRICTIONS ON PRIVATE SECURITY FIRMS
REASONED OPINION SENT: 97/06/10: SG(97)D/04325
FIRST REFERRAL TO COURT PRESENTED: 98/09/29
NUMBER OF CASE IN COURT OF JUSTICE: C-98/355

C 354/120

EN

Official Journal of the European Communities

7.12.1999

B E L G I U M

INFRINGEMENT: 95/4687
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: OBLIGATION TO REGISTER AS FIRM FOR RECRUITMENT OF NON-COMMUNITY WORKERS
REASONED OPINION SENT: 98/09/09: SG(98)D/07562

B E L G I U M

INFRINGEMENT: 94/7018
LEGAL BASIS (CELEX CODE): 157E228;
TITLE: REFUSAL TO REGISTER A FIRM
REASONED OPINION SENT: 97/06/12: SG(97)D/04413
98/12/02: TERMINATION

B E L G I U M

INFRINGEMENT: 94/4878
LEGAL BASIS (CELEX CODE): 157E057;
TITLE: NON-PROFIT ASSOCIATIONS ACT — OBLIGATION TO HAVE AT LEAST ONE BELGIAN MEMBER
REASONED OPINION SENT: 97/06/19: SG(97)D/04618
FIRST REFERRAL TO COURT PRESENTED: 98/05/08
NUMBER OF CASE IN COURT OF JUSTICE: C-98/172
REFERRAL DECIDED ON IN 1998

B E L G I U M

INFRINGEMENT: 93/4136
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: AERIAL PHOTOGRAPHY — FREEDOM TO PROVIDE SERVICES
REASONED OPINION SENT: 97/06/19: SG(97)D/04620
FIRST REFERRAL TO COURT PRESENTED: 98/05/28
NUMBER OF CASE IN COURT OF JUSTICE: C-98/203

B E L G I U M

INFRINGEMENT: 93/4042
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: IMPOSITION OF INDEMNITIES AND CONTRIBUTIONS FOR FREEDOM TO PROVIDE CONSTRUCTION SERVICES
REASONED OPINION SENT: 98/03/23: SG(98)D/02371
REFERRAL DECIDED ON IN 1998

B E L G I U M

INFRINGEMENT: 89/5019
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: FREEDOM TO PROVIDE SERVICES AND FREE MOVEMENT OF GOODS
REASONED OPINION SENT: 98/03/23: SG(98)D/02369

B E L G I U M

INFRINGEMENT: 90/2171
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: PAYMENT OF BAD-WEATHER AND LOYALTY STAMPS
REASONED OPINION SENT: 98/03/23: SG(98)D/02365
REFERRAL DECIDED ON IN 1998

7.12.1999

EN

Official Journal of the European Communities

C 354/121

S P A I N

INFRINGEMENT: 95/2181
LEGAL BASIS (CELEX CODE): 157E06;157E220;
TITLE: CAUTIO JUDICATUM SOLVI AND NATIONALITY DISCRIMINATION
REASONED OPINION SENT: 98/07/08: SG(98)D/05483
REFERRAL DECIDED ON IN 1998

S P A I N

INFRINGEMENT: 92/5178
LEGAL BASIS (CELEX CODE): 157E048;157E052;157E059;157E073;
TITLE: FOREIGN INVESTMENT IN SPAIN — OBLIGATION TO USE A SPANISH NOTARY
REASONED OPINION SENT: 98/01/27: SG(98)D/00745
REFERRAL DECIDED ON IN 1998

S P A I N

INFRINGEMENT: 94/4103
LEGAL BASIS (CELEX CODE): 157E048;157E052;157E059;
TITLE: EXERCISE OF SECURITY ACTIVITIES
REASONED OPINION SENT: 96/06/11: SG(96)D/05299
FIRST REFERRAL TO COURT PRESENTED: 97/03/19
NUMBER OF CASE IN COURT OF JUSTICE: C-97/114
DATE OF COURT JUDGMENT: 98/10/29
JUDGMENT FOR: COMMISSION

F R A N C E

INFRINGEMENT: 97/4423
LEGAL BASIS (CELEX CODE): 157E52;157E59;
TITLE: BARRIERS TO FREEDOM OF ESTABLISHMENT — CIRCUSES
REASONED OPINION SENT: 98/10/14: SG(98)D/08561

F R A N C E

INFRINGEMENT: 94/4879
LEGAL BASIS (CELEX CODE): 157E052;
TITLE: RIGHT OF ESTABLISHMENT AS ARMS DEALER
REASONED OPINION SENT: 98/08/10: SG(98)D/06959

F R A N C E

INFRINGEMENT: 94/5128
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: PROVISION OF SERVICES — MODELLING AGENCIES
REASONED OPINION SENT: 98/03/05: SG(98)D/01925
REFERRAL DECIDED ON IN 1998

F R A N C E

INFRINGEMENT: 96/4272
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: BOTTLED CHLORINE
REASONED OPINION SENT: 98/09/30: SG(98)D/08170

C 354/122

EN

Official Journal of the European Communities

7.12.1999

G R E E C E

INFRINGEMENT: 94/2262
LEGAL BASIS (CELEX CODE): 157E052;157E059;
TITLE: PROHIBITION OF TEMPORARY WORK AGENCIES
REASONED OPINION SENT: 98/08/06: SG(98)D/06869
98/12/02: TERMINATION

I R E L A N D

INFRINGEMENT: 94/4719
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: GAMING AND LOTTERIES ACT 1956
REASONED OPINION SENT: 98/02/03: SG(98)D/00896

I T A L Y

INFRINGEMENT: 95/2068
LEGAL BASIS (CELEX CODE): 157E048;157E052;157E059;
TITLE: DISCRIMINATORY RESTRICTIONS — PRIVATE SECURITY SERVICES
REASONED OPINION SENT: 98/07/08: SG(98)D/05443
REFERRAL DECIDED ON IN 1998

I T A L Y

INFRINGEMENT: 97/4114
LEGAL BASIS (CELEX CODE): 157E06;157E52;157E59;
TITLE: DISCRIMINATORY PENALTIES ON A GERMAN CITIZEN
REASONED OPINION SENT: 98/10/02: SG(98)D/08219

I T A L Y

INFRINGEMENT: 96/2246
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: LEGISLATIVE BARRIERS TO BUSINESS AS CUSTOMS AGENTS
REASONED OPINION SENT: 98/05/18: SG(98)D/03872
REFERRAL DECIDED ON IN 1998

I T A L Y

INFRINGEMENT: 94/5095
LEGAL BASIS (CELEX CODE): 157E052;157E059;157E171;
TITLE: ITALIAN RULES GOVERNING FAIRS AND EXHIBITIONS
REASONED OPINION SENT: 98/05/18: SG(98)D/03868
REFERRAL DECIDED ON IN 1998

I T A L Y

INFRINGEMENT: 91/2236
LEGAL BASIS (CELEX CODE): 157E059;157E73;
TITLE: RESTRICTIONS ON TRANSFERS — REMUNERATION OF SERVICES OF INTERMEDIARIES
REASONED OPINION SENT: 97/05/05: SG(97)D/3561
98/10/28: TERMINATION

7.12.1999

EN

Official Journal of the European Communities

C 354/123

I T A L Y

INFRINGEMENT: 93/2300
LEGAL BASIS (CELEX CODE): 157E006;157E052;157E059;
TITLE: RESTRICTIONS ON EXERCISE OF BUSINESS OF ROAD TRAFFIC CONSULTANTS
REASONED OPINION SENT: 97/07/14: SG(97)D/05637
REFERRAL DECIDED ON IN 1998

I T A L Y

INFRINGEMENT: 94/2146
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: LEGISLATIVE BARRIERS TO BUSINESS IN CLEANING SERVICES
REASONED OPINION SENT: 96/03/12: SG(96)D/2996
FIRST REFERRAL TO COURT PRESENTED: 98/10/05
NUMBER OF CASE IN COURT OF JUSTICE: C-98/358

L U X E M B O U R G

INFRINGEMENT: 92/4468
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: MONOPOLY ON PLACEMENT OF WORKERS
REASONED OPINION SENT: 98/04/15: SG(98)D/03073

N E T H E R L A N D S

INFRINGEMENT: 94/4906
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: OBLIGATION TO HAVE AN ADDRESS FOR SERVICE IN NL WHEN APPLYING TO REGISTER A PATENT
REASONED OPINION SENT: 98/08/31: SG(98)D/07379

P O R T U G A L

INFRINGEMENT: 96/2245
LEGAL BASIS (CELEX CODE): 157E006;157E059;
TITLE: AERIAL PHOTOGRAPHY — NATIONALITY DISCRIMINATION
REASONED OPINION SENT: 98/05/18: SG(98)D/03880
REFERRAL DECIDED ON IN 1998

P O R T U G A L

INFRINGEMENT: 93/5030
LEGAL BASIS (CELEX CODE): 157E048;157E052;157E059;
TITLE: EXERCISE OF SECURITY ACTIVITIES
REASONED OPINION SENT: 97/06/19: SG(97)D/04622
98/10/07: TERMINATION

G E R M A N Y

INFRINGEMENT: 92/4835
LEGAL BASIS (CELEX CODE): 157E005;157E059;
TITLE: TAX LEGISLATION APPLYING TO BUSINESS OF TAX ADVISERS
REASONED OPINION SENT: 97/09/22: SG(97)D/07776

C 354/124

EN

Official Journal of the European Communities

7.12.1999

B E L G I U M

INFRINGEMENT: 95/4302
LEGAL BASIS (CELEX CODE): 157E052;157E057;
TITLE: REFUSAL TO ENTER IN THE ORDER OF ARCHITECTS AT LIEGE
REASONED OPINION SENT: 98/08/06: SG(98)D/06867
REFERRAL DECIDED ON IN 1998

S P A I N

INFRINGEMENT: 90/0388
LEGAL BASIS (CELEX CODE): 157E005;157E048;157E052;157E059;157E171;
TITLE: RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES — TOURIST GUIDES
REASONED OPINION SENT: 91/10/14: SG(91)D/18934
FIRST REFERRAL TO COURT PRESENTED: 92/10/01
NUMBER OF CASE IN COURT OF JUSTICE: C-92/375
DATE OF COURT JUDGMENT: 94/03/22
JUDGMENT FOR: COMMISSION

F R A N C E

INFRINGEMENT: 94/2278
LEGAL BASIS (CELEX CODE): 157E171;380D1186;386D0283;391D0482;
TITLE: ESTABLISHMENT AND PROVISION OF SERVICES IN OVERSEAS TERRITORIES
REASONED OPINION SENT: 98/06/16: SG(98)D/04599

F R A N C E

INFRINGEMENT: 94/4441
LEGAL BASIS (CELEX CODE): 157E059;157E171;
TITLE: UNCOMPETITIVE PRACTICES — UNDERWATER WORKS
REASONED OPINION SENT: 98/12/02: SG(98)D/11233

F R A N C E

INFRINGEMENT: 94/2082
LEGAL BASIS (CELEX CODE): 157E052;
TITLE: ORGANISATION OF PROFESSION OF LAWYER
REASONED OPINION SENT: 98/05/15: SG(98)D/03845

F R A N C E

INFRINGEMENT: 93/4448
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: AUCTION SALES — MONOPOLY OF AUCTIONEERS
REASONED OPINION SENT: 98/08/10: SG(98)D/06963

F R A N C E

INFRINGEMENT: 89/0645
LEGAL BASIS (CELEX CODE): 157E005;157E048;157E052;157E059;
TITLE: RECOGNITION OF QUALIFICATIONS — PSYCHIATRIC NURSE
REASONED OPINION SENT: 96/09/24: SG(96)D/08327
FIRST REFERRAL TO COURT PRESENTED: 98/07/13
NUMBER OF CASE IN COURT OF JUSTICE: C-98/252

7.12.1999

EN

Official Journal of the European Communities

C 354/125

F R A N C E

INFRINGEMENT: 85/0499
LEGAL BASIS (CELEX CODE): 157E171;380D1186;386D0283;391D0482;
TITLE: REFUSAL OF RIGHT OF ESTABLISHMENT AND PROVISION OF SERVICES IN OVERSEAS TERRITORIES
REASONED OPINION SENT: 87/05/27: SG(87)D/6705
FIRST REFERRAL TO COURT PRESENTED: 88/09/23
NUMBER OF CASE IN COURT OF JUSTICE: C-88/263
DATE OF COURT JUDGMENT: 90/12/12
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 92/06/05: SG(92)D/7477
ARTICLE 171 REASONED OPINION SENT: 95/11/16: SG(95)D/14163

F R A N C E

INFRINGEMENT: 86/0432
LEGAL BASIS (CELEX CODE): 157E059;157E171;
TITLE: RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES — TOURIST GUIDES
REASONED OPINION SENT: 88/05/02: SG(88)D/5345
FIRST REFERRAL TO COURT PRESENTED: 89/04/28
NUMBER OF CASE IN COURT OF JUSTICE: C-89/154
DATE OF COURT JUDGMENT: 91/02/26
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 92/05/18: SG(92)D/6574
ARTICLE 171 REASONED OPINION SENT: 95/11/28: SG(95)D/14850

G R E E C E

INFRINGEMENT: 94/5108
LEGAL BASIS (CELEX CODE): 157E052;157E059;
TITLE: FOREIGN TITLES IN NAMES OF PRIVATE SCHOOLS
REASONED OPINION SENT: 97/06/17: SG(97)D/04533
REFERRAL DECIDED ON IN 1998

G R E E C E

INFRINGEMENT: 89/0165
LEGAL BASIS (CELEX CODE): 157E052;157E059;157E171;
TITLE: NATIONALITY REQUIREMENT FOR OPENING PRIVATE SCHOOLS
REASONED OPINION SENT: 90/01/22: SG(90)D/0906
FIRST REFERRAL TO COURT PRESENTED: 90/10/24
NUMBER OF CASE IN COURT OF JUSTICE: C-90/328
DATE OF COURT JUDGMENT: 92/01/30
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 96/04/08: SG(96)D/03658
ARTICLE 171 REASONED OPINION SENT: 97/09/17: SG(97)D/07679
98/06/24: TERMINATION

I T A L Y

INFRINGEMENT: 95/2003
LEGAL BASIS (CELEX CODE): 157E059;157E060;157E171;
TITLE: LAWYERS FROM OTHER MEMBER STATES PROHIBITED FROM OPENING AN OFFICE
REASONED OPINION SENT: 98/10/08: SG(98)D/08362

C 354/126

EN

Official Journal of the European Communities

7.12.1999

I T A L Y

INFRINGEMENT: 87/0071
LEGAL BASIS (CELEX CODE): 157E059;157E171;
TITLE: RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES — TOURIST GUIDES
REASONED OPINION SENT: 88/04/20: SG(88)D/4748
FIRST REFERRAL TO COURT PRESENTED: 89/05/25
NUMBER OF CASE IN COURT OF JUSTICE: C-89/180
DATE OF COURT JUDGMENT: 91/02/26
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 95/07/05: SG(95)D/08643

P O R T U G A L

INFRINGEMENT: 91/0237
LEGAL BASIS (CELEX CODE): 157E048;157E052;157E059;
TITLE: FREEDOM TO PROVIDE SERVICES — TOURIST GUIDES
REASONED OPINION SENT: 97/08/07: SG(97)D/06836
REFERRAL DECIDED ON IN 1998

B E L G I U M

INFRINGEMENT: 96/2249
LEGAL BASIS (CELEX CODE): NONE;
TITLE: NON-RATIFICATION OF LATEST VERSIONS OF BERNE AND ROME CONVENTIONS
REASONED OPINION SENT: 98/12/02: SG(98)D/11231

I R E L A N D

INFRINGEMENT: 97/2047
LEGAL BASIS (CELEX CODE): NONE;
TITLE: NON-RATIFICATION OF PARIS ACT (1971) (BERNE CONVENTION)
REASONED OPINION SENT: 98/12/17: SG(98)D/11884

P O R T U G A L

INFRINGEMENT: 97/2048
LEGAL BASIS (CELEX CODE): NONE;
TITLE: NON-RATIFICATION OF ROME CONVENTION
REASONED OPINION SENT: 98/12/17: SG(98)D/11894

G E R M A N Y

INFRINGEMENT: 94/4337
LEGAL BASIS (CELEX CODE): 157E30;157E36;157E59;
TITLE: PROHIBITION OF ADVERTISING CAMPAIGN FOR CDs
REASONED OPINION SENT: 98/10/15: SG(98)D/8623

S P A I N

INFRINGEMENT: 92/4788
LEGAL BASIS (CELEX CODE): 157E048;157E052;157E059;
TITLE: AERIAL ADVERTISING
REASONED OPINION SENT: 96/01/31: SG(96)D/1848
98/06/24: TERMINATION

7.12.1999

EN

Official Journal of the European Communities

C 354/127

BUDGETS

F R A N C E

INFRINGEMENT: 94/4855
LEGAL BASIS (CELEX CODE): 157E059;
TITLE: INCORRECT APPLICATION OF EVIN ACT
REASONED OPINION SENT: 96/11/21: SG(96)D/09951

G E R M A N Y

INFRINGEMENT: 95/2126
LEGAL BASIS (CELEX CODE): 390R2252;
TITLE: DUTCH BUTTER
REASONED OPINION SENT: 96/10/30: SG(96)D/09346
FIRST REFERRAL TO COURT PRESENTED: 97/10/07
NUMBER OF CASE IN COURT OF JUSTICE: C-97/348

I T A L Y

INFRINGEMENT: 96/2029
LEGAL BASIS (CELEX CODE): 157E002;389R1552;
TITLE: REGULARISATION OF DUTIES — SAN MARINO
REASONED OPINION SENT: 98/03/20: SG(98)D/02347
REFERRAL DECIDED ON IN 1998

B E L G I U M

INFRINGEMENT: 95/2250
LEGAL BASIS (CELEX CODE): 389R1552;
TITLE: STAGGERED PAYMENT OF TRADITIONAL OWN RESOURCES
REASONED OPINION SENT: 98/06/23: SG(98)D/05022

CUSTOMS UNION AND INDIRECT TAXATION

G E R M A N Y

INFRINGEMENT: 91/0559
LEGAL BASIS (CELEX CODE): 385R1999;386R3677;
TITLE: INWARD PROCESSING
REASONED OPINION SENT: 93/02/03: SG(93)D/1740
FIRST REFERRAL TO COURT PRESENTED: 94/02/14
NUMBER OF CASE IN COURT OF JUSTICE: C-94/061
DATE OF COURT JUDGMENT: 96/09/10
JUDGMENT FOR: COMMISSION
98/06/24: TERMINATION

B E L G I U M

INFRINGEMENT: 84/0342
LEGAL BASIS (CELEX CODE): 157E009;157E028;368R0950;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 85/07/25: SG(85)D/9543

C 354/128

EN

Official Journal of the European Communities

7.12.1999

D E N M A R K

INFRINGEMENT: 84/0343
LEGAL BASIS (CELEX CODE): 157E009;157E028;368R0950;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 85/07/25: SG(85)D/9545

S P A I N

INFRINGEMENT: 90/0078
LEGAL BASIS (CELEX CODE): 157E028;387R2658;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 92/12/31: SG(92)D/19475

F R A N C E

INFRINGEMENT: 95/2238
LEGAL BASIS (CELEX CODE): 392R2913;
TITLE: CUSTOMS AGENTS
REASONED OPINION SENT: 97/12/03: SG(97)D/10073

G R E E C E

INFRINGEMENT: 86/0126
LEGAL BASIS (CELEX CODE): 157E009;157E028;368R0950;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 90/05/02: SG(90)D/21649

I T A L Y

INFRINGEMENT: 84/0345
LEGAL BASIS (CELEX CODE): 157E009;157E028;368R0950;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 85/07/25: SG(85)D/9549

L U X E M B O U R G

INFRINGEMENT: 84/0346
LEGAL BASIS (CELEX CODE): 157E009;157E028;368R0950;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 85/07/25: SG(85)D/9551

N E T H E R L A N D S

INFRINGEMENT: 84/0347
LEGAL BASIS (CELEX CODE): 157E009;157E028;368R0950;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 85/07/25: SG(85)D/9553

P O R T U G A L

INFRINGEMENT: 90/0079
LEGAL BASIS (CELEX CODE): 157E028;387R2658;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 93/01/20: SG(93)D/00940

7.12.1999

EN

Official Journal of the European Communities

C 354/129

U N I T E D K I N G D O M

INFRINGEMENT: 84/0126
LEGAL BASIS (CELEX CODE): 377R1535;
TITLE: CIVIL AIRCRAFT IMPORTED DUTY-FREE AND SUBSEQUENTLY USED AS MILITARY AIRCRAFT
REASONED OPINION SENT: 85/06/06: SG(85)D/6932

U N I T E D K I N G D O M

INFRINGEMENT: 84/0344
LEGAL BASIS (CELEX CODE): 157E009;157E028;368R0950;
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
REASONED OPINION SENT: 85/07/25: SG(85)D/9547

I T A L Y

INFRINGEMENT: 95/2166
LEGAL BASIS (CELEX CODE): 682J0199;694J0125;
TITLE: TEE — REPAYMENT OF TAXES WRONGLY CHARGED — RESTRICTIVE RULES LAID DOWN BY NATIONAL LAW
REASONED OPINION SENT: 97/09/17: SG(97)D/07696

F R A N C E

INFRINGEMENT: 97/4487
LEGAL BASIS (CELEX CODE): 157E095;
TITLE: TAXES ON IMPORTED HIGH-POWER MOTOR CARS
REASONED OPINION SENT: 98/05/15: SG(98)D/03851
REFERRAL DECIDED ON IN 1998

F R A N C E

INFRINGEMENT: 92/5125
LEGAL BASIS (CELEX CODE): 157E095;
TITLE: DISCRIMINATORY TAXATION ON CARS
REASONED OPINION SENT: 97/12/22: SG(97)D/10946
REFERRAL TO COURT DECIDED ON IN 1998

G R E E C E

INFRINGEMENT: 91/0779
LEGAL BASIS (CELEX CODE): 157E095;
TITLE: TAXATION OF SECOND-HAND CARS
REASONED OPINION SENT: 93/09/07: SG(93)D/14615
FIRST REFERRAL TO COURT PRESENTED: 95/12/01
NUMBER OF CASE IN COURT OF JUSTICE: C-95/375
DATE OF COURT JUDGMENT: 97/10/23
JUDGMENT FOR: COMMISSION
ARTICLE 171 LETTER SENT: 98/08/31: SG(98)D/07401

G E R M A N Y

INFRINGEMENT: 90/5361
LEGAL BASIS (CELEX CODE): 157E067;
TITLE: TAX DISCRIMINATION — BRITISH INVESTMENT TRUSTS
REASONED OPINION SENT: 96/08/06: SG(96)D/07318
REFERRAL DECIDED ON IN 1998

F R A N C E

INFRINGEMENT: 93/2098
LEGAL BASIS (CELEX CODE): 157E052;157E058;
TITLE: DISCRIMINATORY TAXATION OF STABLE ESTABLISHMENTS IN FRANCE
REASONED OPINION SENT: 97/06/19: SG(97)D/04624
98/06/24: TERMINATION

C 354/130

EN

Official Journal of the European Communities

7.12.1999

ANNEX IV

PROGRESS IN IMPLEMENTING DIRECTIVES

NB: This Annex includes all Directives where no measures have been notified or which have not been properly
implemented or applied during 1998, and gives the state of infringement proceedings started by the Commission
against Member States at 31 December 1998.

‘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

PART 1: NOTIFICATION AND FAILURE TO NOTIFY NATIONAL MEASURES IMPLEMENTING
DIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INDUSTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chemicals, plastic, rubber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mechanical and electrical engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pressure vessels, medical instruments and metrology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pharmaceuticals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cosmetics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textiles, leather and clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

COMPETITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telecommunications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

134

134

134

135

135

135

137

138

138

139

139

139

EMPLOYMENT AND SOCIAL AFFAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

139

AGRICULTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Veterinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plant health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seeds and plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Feedingstuffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TRANSPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land, road and inland waterway transport

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

Rail transport and summer time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inland transport, safety and technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air transport, safety and social aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air transport, airports, environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sea transport, safety and technical aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

141

141

143

144

144

146

146

147

147

148

148

148

TELEVISION WITHOUT FRONTIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150

ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150

150

150

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C 354/131

Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chemicals and Biotechnologies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Radiation protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TELECOMMUNICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INTERNAL MARKET AND FINANCIAL SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free movement of persons and citizens’ rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public procurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stock exchanges and securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial information and company law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Articles 30 to 36 of the EC Treaty and safeguard clauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulated professions (qualifications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free access to information. Data protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Copyright and related rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INDIRECT TAXATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ENERGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renewable energy and energy efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CONSUMER PROTECTION AND PUBLIC HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

STATISTICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUMMARY TABLE ON THE STATE OF THE COMMUNICATIONS OF THE NATIONAL MEASURES
OF IMPLEMENTATION OF THE DIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150

151

151

151

152

152

153

153

153

154

154

154

155

155

155

155

156

156

156

156

156

156

156

157

157

158

PART 2: NONCONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES . . . . . . . .

160

INDUSTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pressure vessels, medical instruments and metrology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pharmacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

COMPETITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telecommunications and postal services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EMPLOYMENT AND SOCIAL AFFAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TRANSPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inland transport, goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inland transport, passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inland transport, safety and technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air transport, safety and social aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sea transport, safety and technical aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sea transport, ports and social aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

160

160

160

160

160

161

161

161

161

161

162

162

162

C 354/132

EN

Official Journal of the European Communities

7.12.1999

TELEVISION WITHOUT FRONTIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of access to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmental impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chemicals and Biotechnology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environment and Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Radiation protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TELECOMMUNICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INTERNAL MARKET AND FINANCIAL SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free movement of persons and citizens’ rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public procurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial information and company law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil law and access to justice. Freedom of establishment and freedom to provide services . . . . . . . . . . . . .

Regulated professions regarding the qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TAXATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mutual assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

162

162

162

162

163

163

163

163

163

164

164

164

164

164

164

165

165

165

165

165

CONSUMER PROTECTION AND PUBLIC HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

165

PART 3: INCORRECT APPLICATION OF THE DIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

166

INDUSTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical standards and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chemicals, plastic, rubber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pressure vessels, medical instruments and metrology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pharmaceuticals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

COMPETITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EMPLOYMENT AND SOCIAL AFFAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AGRICULTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Veterinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seeds and plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TRANSPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inland transport, goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inland transport, technology safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air transport, air policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air transport, safety and social aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maritime transport, safety and technical aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

166

166

166

166

166

167

167

167

167

167

167

168

168

168

168

168

168

168

168

7.12.1999

EN

Official Journal of the European Communities

C 354/133

TELEVISION WITHOUT FRONTIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of access to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmental impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environment and Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TELECOMMUNICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INTERNAL MARKET AND FINANCIAL SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Free movement of persons and citizens’ rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public procurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial information and company law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulated professions — qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TAXATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

VAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Excise duties / car taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capital duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direct taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CONSUMER PROTECTION AND PUBLIC HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

169

169

169

169

169

170

170

170

171

171

171

171

172

172

172

172

173

173

173

174

174

174

C 354/134

EN

Official Journal of the European Communities

7.12.1999

PART 1: NOTIFICATION AND FAILURE TO NOTIFY NATIONAL MEASURES IMPLEMENTING

DIRECTIVES

NB: The date given is the date of implementation of the decision (date sent) or the date of the decision if it was not

implemented in 1998.

Abbreviations used in this part: LET: Article 169 letter; RO: Reasoned opinion; SLET: Supplementary Article 169
letter; SRO: Supplementary reasoned opinion; REF: Referral to Court; LET 171 and RO 171: Letter or reasoned
opinion for failure to give effect to a judgment of the Court.

INDUSTRY

Chemicals, plastic, rubber

9 3 / 0 0 1 5

Council Directive 93/15/EEC of 5 April 1993 on the harmonisation
of the provisions relating to the placing on the market and supervision
of explosives for civil uses

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

France

94/0449, REF — sent: 4.9.1998

9 4 / 0 0 6 0

European Parliament and Council Directive 94/60/EC of 20 December
1994 amending for the 14th time Directive 76/769/EEC on the
approximation of the laws, regulations and administrative provisions
of the Member States relating to restrictions on the marketing and
use of certain dangerous substances and preparations

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Italy

96/0134, REF — sent: 11.3.1998

9 6 / 0 0 2 8

Commission Directive 96/28/EC of 10 May 1996 adapting to techni-
cal progress Council Directive 76/116/EEC on the approximation of
the laws of the Member States relating to fertilisers

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, NL, A, P, FIN, S, UK

France
Luxembourg

97/0345, REF: 2.12.1998
97/0389, REF: 2.12.1998

9 6 / 0 0 6 5

Commission Directive 96/65/EC of 11 October 1996 adapting to
technical progress for the fourth time Council Directive 88/379/EEC
on the approximation of the laws, regulations and administrative
provisions of
the Member States relating to the classification,
packaging and labelling of dangerous preparations and modifying
Directive 91/442/EEC on dangerous preparations the packaging of
which must be fitted with child-resistant fastenings

Member States which have notified implementing measures: B, DK,
E, IRL, I, NL, A, P, FIN, S, UK

98/0314, RO: 2.12.1998
98/0329, RO — sent: 30.12.1998
98/0406, RO: 2.12.1998

Germany
Greece
France

9 7 / 0 0 1 0

Commission Directive 97/10/EC of 26 February 1997 adapting to
technical progress for the 3rd time Annex I to Council Directive
76/769/EEC on the approximation of the laws, regulations and
administrative provisions of the Member States relating to restrictions
on the marketing and use of certain dangerous substances and
preparations (CMRs)

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, NL, P, FIN, S, UK

98/0014, RO: 2.12.1998
98/0053, RO — sent: 30.12.1998
98/0060, RO: 2.12.1998
98/0070, RO: 2.12.1998

Germany
Italy
Luxembourg
Austria

9 7 / 0 0 1 6

Directive 97/16/EC of the European Parliament and of the Council of
10 April 1997 amending for the 15th time Directive 76/769/EEC on
restrictions on the marketing and use of certain dangerous substances
and preparations

Member States which have notified implementing measures: DK, EL,
E, L, F, IRL, L, NL, P, S, UK

98/0005, RO: 2.12.1998
98/0016, RO: 2.12.1998
98/0055, RO — sent: 30.12.1998
98/0072, RO: 2.12.1998

Belgium
Germany
Italy
Austria

9 7 / 0 0 5 6

Directive 97/56/EC of the European Parliament and of the Council of
20 October 1997 amending for the 16th time Directive 76/769/EEC
on the approximation of the laws, regulations and administrative
provisions of the Member States relating to restrictions on the
marketing and use of certain dangerous substances and preparations

7.12.1999

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C 354/135

Member States which have notified implementing measures: D, F, FIN

9 4 / 0 0 0 9

9 7 / 0 0 6 3

Directive 97/63/EC of the European Parliament and of the Council of
24 November 1997 amending Directives 76/116/EEC, 80/876/EEC,
89/284/EEC and 89/530/EEC on the approximation of the laws of
the Member States relating to fertilisers

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, L, A, NL, FIN, S, UK

98/0498, LET — sent: 8.10.1998
98/0514, LET — sent: 8.10.1998
98/0495, LET — sent: 8.10.1998
98/0518, LET — sent: 8.10.1998

France
Italy
Luxembourg
Portugal

9 7 / 0 0 6 4

Commission Directive 97/64/EC of 10 November 1997 adapting to
technical progress for the fourth time Annex I to Council Directive
76/769/EEC on the approximation of the laws, regulations and
administrative provisions of the Member States relating to restrictions
on the marketing and use of certain dangerous substances and
preparations (lamp oils)

Member States which have notified implementing measures: DK, D,
E, F, IRL, L, NL, FIN, S

9 8 / 0 0 0 3

Commission Directive 98/3/EC of 15 January 1998 adapting to
technical progress Council Directive 76/116/EEC on the approxi-
mation of the laws of the Member States relating to fertilisers

Member States which have notified implementing measures: B, DK,
D, E, IRL, L, A, UK

Mechanical and electrical engineering

9 3 / 0 0 6 8

Council Directive 93/68/EEC of 22 July 1993 amending Directives
87/404/EEC (simple pressure vessels), 88/378/EEC (safety of toys),
89/106/EEC (construction products), 89/336/EEC (electromagnetic
compatibility), 89/392/EEC (machinery), 89/686/EEC (personal pro-
tective equipment), 90/384/EEC (non-automatic weighing instru-
ments), 90/385/EEC (active
devices),
90/396/EEC (appliances burning gaseous fuels), 91/263/EEC (tele-
communications terminal equipment), 92/42/EEC (new hot-water
boilers fired with liquid or gaseous fuels) and 73/23/EEC (electrical
equipment designed for use within certain voltage limits)

implantable medicinal

Member States which have notified implementing measures: B, DK,
D, EL, E, F, I, NL, P, FIN, S, UK

Ireland
Luxembourg
Austria

94/0861, RO: 28.6.1995
94/0905, RO: 13.12.1995
97/0684, RO: 16.12.1998

Directive 94/9/EC of the European Parliament and the Council of
23 March 1994 on the approximation of the laws of the Member
States concerning equipment and protective systems intended for use
in potentially explosive atmospheres

Member States which have notified implementing measures: DK, D,
EL, E, F, I, L, NL, A, P, FIN, S, UK

95/0672, REF: 2.12.1998
95/0696, REF — sent: 22.9.1998

Belgium
Ireland

9 5 / 0 0 1 6

European Parliament and Council Directive 95/16/EC of 29 June
1995 on the approximation of the laws of the Member States relating
to lifts

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, NL, A, P, FIN, S, UK

97/0076, REF: 2.12.1998
97/0098, REF: 2.12.1998
97/0108, REF: 2.12.1998

France
Italy
Luxembourg

9 7 / 0 0 5 3

Commission Directive 97/53/EC of 11 September 1997 adapting to
technical progress Council Directive 79/196/EEC on the approxi-
mation of the laws of the Member States concerning electrical
equipment for use in potentially explosive atmospheres employing
certain types of protection

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, L, NL, A, FIN, S, UK

Greece
Portugal

98/0334, RO — sent: 17.12.1998
98/0452, RO: 2.12.1998

Pressure vessels, medical instruments and metrology

9 3 / 0 0 4 2

Council Directive 93/42/EEC of 14 June 1993 concerning medical
devices

Member States which have notified implementing measures: DK, D,
E, EL, F, IRL, I, L, NL, A, P, FIN, S, UK

Belgium

94/0784, 171 Let: 24.6.1998

Food

9 3 / 0 0 4 3

Council Directive 93/43/EEC of 14 June 1993 on the hygiene of
foodstuffs

C 354/136

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Official Journal of the European Communities

7.12.1999

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, FIN, S, UK

Greece

96/0049, REF — sent: 4.11.1998

Portugal

97/0249, RO: 10.12.1997

9 5 / 0 0 0 3

9 6 / 0 0 7 0

Commission Directive 95/3/EC of 14 February 1995 amending
Directive 90/128/EEC relating to plastics materials and articles
intended to come into contact with foodstuffs

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, FIN, S, UK

Portugal

96/0341, RO — sent: 22.1.1998

Directive 96/70/EC of the European Parliament and of the Council of
28 October 1996 amending Council Directive 80/777/EEC on the
approximation of the laws of the Member States relating to the
exploitation and marketing of natural mineral waters

Member States which have notified implementing measures: DK, D,
EL, E, IRL, L, NL, P, FIN, S, UK

9 6 / 0 0 0 4

Commission Directive 96/4/EC, Euratom of 16 February 1996
amending Directive 91/321/EEC on infant formulae and follow-on
formulae

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, L, NL, A, FIN, S, UK

97/0229, RO — sent: 22.12.1998
97/0248, REF: 2.12.1998

Italy
Portugal

9 6 / 0 0 0 5

97/0544, RO — sent: 22.9.1998
97/0623, RO — sent: 16.9.1998
97/0637, RO — sent: 22.9.1998
97/0654, RO: 2.12.1998
97/0691, RO — sent: 21.9.1998

Belgium
France
Ireland
Italy
Austria

9 6 / 0 0 7 7

Commission Directive 96/77/EC of 2 December 1996 laying down
specific purity criteria on food additives other than colours and
sweeteners

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Commission Directive 96/5/EC, Euratom of 16 February 1996 on
processed cereal-based foods and baby foods for infants and young
children

Ireland
Austria
Portugal

97/0364, RO — sent: 6.10.1998
97/0419, RO — sent: 14.10.1998
97/0435, RO — sent: 28.10.1998

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, L, NL, A, FIN, S, UK

9 6 / 0 0 8 3

Germany
Italy
Portugal

9 6 / 0 0 0 8

97/0571, RO — sent: 14.10.1998
97/0647, RO — sent: 30.12.1998
97/0701, RO — sent: 28.10.1998

Directive 96/83/EC of the European Parliament and of the Council of
19 December 1996 amending Directive 94/35/EC on sweeteners for
use in foodstuffs

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Commission Directive 96/8/EC of 26 February 1996 on foods
intended for use in energy-restricted diets for weight reduction

Portugal

98/0076, LET — sent: 31.3.1998

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, L, NL, A, FIN, S, UK

97/0572, RO — sent: 21.10.1998
97/0631, RO — sent: 28.10.1998
97/0648, RO: 2.12.1998
97/0702, RO — sent: 21.10.1998

Germany
Ireland
Italy
Portugal

9 6 / 0 0 1 1

Commission Directive 96/11/EC of 5 March 1996 amending Direc-
tive 90/128/EEC relating to plastic materials and articles intended to
come into contact with foodstuffs

9 6 / 0 0 8 4

Directive 96/84/EC of the European Parliament and of the Council
of 19 December 1996 amending Directive 89/398/EEC on the
approximation of the laws of the Member States relating to foodstuffs
intended for particular nutritional uses

Member States which have notified implementing measures: B, DK,
D, IRL, F, L, NL, A, FIN, S, UK

Greece
Spain
Italy
Portugal

97/0593, RO — sent: 28.10.1998
97/0608, RO — sent: 28.10.1998
97/0655, RO: 2.12.1998
97/0707, RO — sent: 25.11.1998

7.12.1999

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C 354/137

9 6 / 0 0 8 5

9 8 / 0 0 2 8

Directive 96/85/EC of the European Parliament and of the Council of
19 December 1996 amending Directive 95/2/EC on food additives
other than colours and sweeteners

Commission Directive 98/28/EC of 29 April 1998 granting a dero-
gation from certain provisions of Directive 93/43/EEC on the hygiene
of foodstuffs as regards the transport by sea of bulk sugar

Member States which have notified implementing measures: B, DK,
D, EL, E, F, I, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: B, DK,
D, E, NL, S

97/0365, RO — sent: 22.9.1998
97/0394, RO — sent: 21.9.1998
97/0421, LET — sent: 9.9.1997

Ireland
Luxembourg
Austria

9 7 / 0 0 0 4

Directive 97/4/EC of the European Parliament and of the Council of
27 January 1997 amending Directive 79/112/EEC on the approxi-
mation of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuff

Germany
Greece
France
Ireland
Italy
Luxembourg
Austria
Portugal
Finland
United Kingdom

98/0502, LET — sent: 8.10.1998
98/0527, LET — sent: 8.10.1998
98/0499, LET — sent: 8.10.1998
98/0508, LET — sent: 8.10.1998
98/0515, LET — sent: 8.10.1998
98/0496, LET — sent: 8.10.1998
98/0505, LET — sent: 8.10.1998
98/0519, LET — sent: 8.10.1998
98/0522, LET — sent: 8.10.1998
98/0510, LET — sent: 8.10.1998

Member States which have notified implementing measures: DK, EL,
F, L, NL, P, FIN, S, UK

9 8 / 0 0 3 6

9 7 / 0 0 4 8

Commission Directive 97/48/EC of 29 July 1997 amending for the
second time Council Directive 82/711/EEC laying down the basic
rules necessary for testing migration of the constituents of plastic
materials and articles intended to come into contact with foodstuffs

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, I, NL, A, FIN, S, UK

98/0493, LET — sent: 8.10.1998
98/0501, LET — sent: 8.10.1998
98/0526, LET — sent: 8.10.1998
98/0517, LET — sent: 8.10.1998

Belgium
Germany
Greece
Portugal

9 7 / 0 0 6 0

Directive 97/60/EC of the European Parliament and of the Council of
27 October 1997 amending for the third time Directive 88/344/EEC
on the approximation of the laws of the Member States on extraction
solvents used in the production of foodstuffs and food ingredients

Commission Directive 98/36/EC of 2 June 1998 amending Directive
96/5/EC on processed cereal-based foods and baby foods for infants
and young children

Member States which have notified implementing measures: DK, NL,
FIN

Pharmaceuticals

9 2 / 0 0 7 3

Council Directive 92/73/EEC of 22 September 1992 widening the
scope of Directive 65/65/EEC and 75/319/EEC on the approximation
of provisions laid down by law, regulation or administrative action
relating to medicinal products and laying down additional provisions
on homeopathic medicinal products

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Belgium

94/0014, REF: 26.6.1997

Member States which have notified implementing measures: B, DK,
EL, F, I, L, NL, FIN, S, UK

9 2 / 0 0 7 4

Denmark
Germany
Greece
Spain
Ireland
Italy
Luxembourg
Austria
Portugal

98/0577, LET — sent: 18.12.1998
98/0555, LET — sent: 18.12.1998
98/0580, LET — sent: 18.12.1998
98/0588, LET — sent: 18.12.1998
98/0573, LET — sent: 18.12.1998
98/0562, LET — sent: 18.12.1998
98/0542, LET — sent: 18.12.1998
98/0604, LET — sent: 18.12.1998
98/0595, LET — sent: 18.12.1998

Council Directive 92/74/EEC of 22 September 1992 widening the
scope of Directive 81/851/EEC on the approximation of provisions
laid down by law, regulation or administrative action relating to
veterinary medicinal products and laying down additional provisions
on homeopathic veterinary medicinal products

Member States which have notified implementing measures: DK, D,
EL, E, IRL, I, L, NL, A, P, FIN, S, UK

Belgium
France

94/0015, LET 171 — sent: 26.11.1998
94/0177, LET 171 — sent: 25.11.1998

C 354/138

EN

Official Journal of the European Communities

7.12.1999

9 3 / 0 0 4 0

9 7 / 0 0 4 5

Council Directive 93/40/EEC of 14 June 1993 amending Directives
81/851/EEC and 81/852/EEC on the approximation of the laws of
the Member States relating to veterinary medicinal products

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

France

95/0293, REF — sent: 1.8.1997

21st Commission Directive 97/45/EC of 14 July 1997 adapting to
technical progress Annexes II, III, VI and VII to Council Directive
76/768/EEC on the approximation of the laws of the Member States
relating to cosmetic products

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, NL, A, FIN, S, UK

Cosmetics

9 3 / 0 0 3 5

Council Directive 93/35/EEC of 14 June 1993 amending for the sixth
time Directive 76/768/EEC on the approximation of the laws of the
Member States relating to cosmetic products

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

F: partial transposition

France

95/0500, REF: 24.6.1998

9 5 / 0 0 1 7

98/0332, RO: 2.12.1998
98/0560, LET — sent: 4.1.1999
98/0411, RO: 2.12.1998
98/0429, RO: 2.12.1998
98/0450, RO: 2.12.1998

Greece
Italy
Luxembourg
Austria
Portugal

9 8 / 0 0 1 6

Twenty-second Commission Directive 98/16/EC of 5 March 1998
adapting to technical progress Annexes II, III, VI and VII to Council
Directive 76/768/EEC on the approximation of the laws of the
Member States relating to cosmetic products

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, NL, A, FIN, S, UK

Commission Directive 95/17/EC of 19 June 1995 laying down
detailed rules for the application of Council Directive 76/768/EEC as
regards the non-inclusion of one or more ingredients on the list used
for the labelling of cosmetic products

Italy
Luxembourg
Portugal

98/0225, RO: 2.12.1998
98/0234, RO: 2.12.1998
98/0258, RO: 2.12.1998

Member States which have notified implementing measures: DK, D,
EL, E, IRL, I, L, NL, A, P, FIN, S, UK

Textiles, leather and clothing

Belgium
France

9 7 / 0 0 0 1

96/0013, REF: 24.6.1998
96/0100, REF: 24.6.1998

9 4 / 0 0 1 1

20th Commission Directive 97/1/EC of 10 January 1997 adapting to
technical progress Annexes II, III, VI and VII to Council Directive
76/768/EEC on the approximation of the laws of the Member States
relating to cosmetic products

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, NL, A, FIN, S

9 7 / 0 0 1 8

Commission Directive 97/18/EC of 17 April 1997 postponing the
date after which animal tests are prohibited for ingredients or
combinations of ingredients of cosmetic products

Member States which have notified implementing measures: B, DK,
EL, E, IRL, I, NL, FIN, UK

Germany
France
Luxembourg
Austria
Portugal
Sweden

98/0017, RO — sent: 4.9.1998
98/0040, RO — sent: 4.9.1998
98/0063, RO — sent: 4.9.1998
98/0073, RO — sent: 4.9.1998
98/0080, RO — sent: 4.9.1998
98/0092, RO — sent: 4.9.1998

Directive 94/11/EC of the European Parliament and of the Council of
23 March 1994 on the approximation of the laws, regulations and
administrative provisions of the Member States relating to labelling
of the materials used in the main components of footwear for sale to
the consumer

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, NL, A, P, FIN, S, UK

Luxembourg

96/0317, RO — sent: 4.6.1998

9 7 / 0 0 3 7

Commission Directive 97/37/EC of 19 June 1997 adapting to techni-
cal progress Annexes I and II to Directive 96/74/EC of the European
Parliament and of the Council on textile names

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, NL, A, P, FIN, S, UK

Belgium
Italy
Luxembourg

98/0291, RO: 26.10.1998
98/0393, RO: 2.12.1998
98/0410, RO: 2.12.1998

7.12.1999

EN

Official Journal of the European Communities

C 354/139

Motor vehicles

9 7 / 0 0 2 4

Directive 97/24/EC of the European Parliament and of the Council of
17 June 1997 on certain components and characteristics of two or
three-wheel motor vehicles

Member States which have notified implementing measures: B, DK,
E, F, IRL, I, L, A, FIN

9 7 / 0 0 2 7

Directive 97/27/EC of the European Parliament and of the Council of
22 July 1997 relating to the masses and dimensions of certain
categories of motor vehicles and their trailers and amending Directive
70/156/EEC

9 8 / 0 0 7 7

Commission Directive 98/77/EC of 2 October 1998 adapting to
technical progress Council Directive 70/220/EEC on the approxi-
mation of the laws of the Member States relating to measures to be
taken against air pollution by emissions from motor vehicles

Member States which have notified implementing measures: none

COMPETITION

Telecommunications

9 6 / 0 0 1 9

Member States which have notified implementing measures: B, EL, E,
F, IRL, I, NL, A, P, FIN, S, UK

Commission Directive 90/388/EEC of 28 June 1990 on competition
in the markets for telecommunications services

9 7 / 0 0 5 4

Directive 97/54/EC of the European Parliament and of the Council of
23 September 1997 amending, as regards the maximum design
speed of wheeled agricultural or forestry tractors, Council Directives
74/150/EEC, 74/151/EEC, 74/152/EEC, 74/346/EEC, 74/347/EEC,
75/321/EEC, 75/322/EEC, 76/432/EEC, 76/763/EEC, 77/311/EEC,
77/537/EEC, 78/764/EEC, 78/933/EEC, 79/532/EEC, 79/533/EEC,
80/720/EEC, 86/297/EEC, 86/415/EEC and 89/173/EEC

Member States which have notified implementing measures: B, DK,
D, E, IRL, I, L, FIN, UK

Greece
France
Luxembourg
Austria
Portugal
United Kingdom

9 8 / 0 0 1 4

98/0581, LET — sent: 18.12.1998
98/0531, LET — sent: 18.12.1998
98/0540, LET — sent: 18.12.1998
98/0602, LET — sent: 18.12.1998
98/0593, LET — sent: 18.12.1998
98/0567, LET — sent: 18.12.1998

Member States which have notified implementing measures: all
except P

Portugal

97/2219, RO: 2.12.1998

9 4 / 0 0 4 6

Commission Directive 94/46/EC of 13 October 1994 amending
Directive 88/301/EEC and Directive 90/388/EEC in particular with
regard to satellite communications

Member States which have notified implementing measures: B, DK,
EL, F, IRL, NL, A, P, FIN, S, UK

Luxembourg

95/0576, REF — sent: 27.3.1998

EMPLOYMENT AND SOCIAL AFFAIRS

8 6 / 0 3 7 8

Commission Directive 98/14/EC of 6 February 1998 adapting to
technical progress Council Directive 70/156/EEC on the approxi-
mation of the laws of the Member States relating to the type-approval
of motor vehicles and their trailers

Council Directive 86/378/EEC of 24 July 1986 on the implementation
of the principle of equal treatment for men and women in occu-
pational social security schemes

Member States which have notified implementing measures: B, EL, E,
F, IRL, I, L, FIN, UK

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, NL, A, P, FIN, S, UK

Denmark
Germany
Greece
Ireland
Luxembourg
Netherlands
Austria
Portugal
Sweden

98/0578, LET — sent: 18.12.1998
98/0556, LET — sent: 18.12.1998
98/0582, LET — sent: 18.12.1998
98/0574, LET — sent: 18.12.1998
98/0543, LET — sent: 18.12.1998
98/0550, LET — sent: 18.12.1998
98/0605, LET — sent: 18.12.1998
98/0596, LET — sent: 18.12.1998
98/0609, LET — sent: 18.12.1998

9 1 / 0 3 2 2

Commission Directive 91/322/EEC of 29 May 1991 on establishing
indicative
implementing Council Directive
80/1107/EEC on the protection of workers from the risks related to
exposure to chemical, physical and biological agents at work

values by

limit

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, L, A, P, FIN, S, UK

C 354/140

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7.12.1999

9 2 / 0 0 2 9

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, NL, A, FIN, S

Council Directive 92/29/EEC of 31 March 1992 on the minimum
safety and health requirements for improved medical treatment on
board vessels

Luxembourg
Portugal

96/1012, REF — sent: 30.11.1998
96/1039, REF: 24.6.1998

Member States which have notified implementing measures: all
except L

9 5 / 0 0 3 0

Luxembourg

95/0142, REF — Judgment: 29.10.1998

9 3 / 0 1 0 3

Council Directive 93/103/EC, of 23 November 1993, concerning the
minimum regulations of safety and of health at work on board the
fishing vessels (thirteenth individual directive within the meaning of
Article 16(1) of Directive 89/391/EEC)

Member States which have notified implementing measures: B, DK,
D, EL, E, F, L, NL, A, P, FIN, S, UK

Ireland
Italy

96/0108, REF — Judgment: 27.10.1998
96/0127, REF — sent: 9.10.1998

9 3 / 0 1 0 4

Commission Directive 95/30/EC of 30 June 1995 adapting to techni-
cal progress Council Directive 90/679/EEC on the protection of
workers from risks related to exposure to biological agents at work
(seventh individual Directive within the meaning of Article 16 (1) of
Directive 89/391/EEC)

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, NL, P, FIN, S, UK

97/0036, RO — sent: 2.7.1998
97/0100, REF — sent: 3.12.1998
97/0110, REF: 2.12.1998
97/0139, RO — sent: 2.7.1998

Germany
Italy
Luxembourg
Austria

9 5 / 0 0 6 3

Council Directive 95/63/EC of 5 December 1995 amending Directive
89/655/EEC concerning the minimum safety and health requirements
for the use of work equipment by workers at work (second
individual Directive within the meaning of Article 16 (1) of Directive
89/391/EEC)

Council Directive 93/104/EC of 23 November 1993 concerning
certain aspects of the organisation of working time

Member States which have notified implementing measures: DK, D,
E, F, L, NL, A, FIN, S, UK

Member States which have notified implementing measures: B, DK,
D, E, IRL, NL, A, P, FIN, S, UK

9 6 / 0 0 3 4

97/0046, REF: 2.12.1998
97/0074, REF: 2.12.1998
97/0095, REF — sent: 26.10.1998
97/0106, REF: 2.12.1998

Council Directive 96/34/EC of 3 June 1996 on the framework
agreement on parental leave concluded by UNICE, CEEP and the
ETUC

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, NL, A, FIN, S

Greece
France
Italy
Luxembourg

9 4 / 0 0 3 3

Council Directive 94/33/EC of 22 June 1994 on the protection of
young people at work

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, NL, A, P, FIN, S, UK

96/0952, REF: 2.12.1998
96/0994, REF — sent: 26.10.1998
96/1011, REF: 2.12.1998

France
Italy
Luxembourg

9 4 / 0 0 4 5

Council Directive 94/45/EC of 22 September 1994 on the establish-
ment of a European Works Council or a procedure in Community-
scale undertakings and Community-scale groups of undertakings for
the purposes of informing and consulting employees

98/0386, RO — sent: 11.12.1998
98/0403, RO: 2.12.1998
98/0441, RO — sent: 21.12.1998

Italy
Luxembourg
Portugal

9 6 / 0 0 9 4

Commission Directive 96/94/EC of 18 December 1996 establishing
a second list of indicative limit values in implementation of Council
Directive 80/1107/EEC on the protection of workers from the risks
related to exposure to chemical, physical and biological agents at
work

Member States which have notified implementing measures: B, DK,
E, F, NL, P, FIN, S, UK

Germany
Ireland
Italy
Luxembourg
Austria

98/0315, LET — sent: 25.8.1998
98/0378, RO — sent: 11.12.1998
98/0390, RO — sent: 11.12.1998
98/0407, RO — sent: 11.12.1998
98/0427, LET — sent: 25.8.1998

7.12.1999

EN

Official Journal of the European Communities

C 354/141

9 6 / 0 0 9 7

Council Directive 96/97/EC of 20 December 1996 amending Direc-
tive 86/378/EEC on the implementation of the principle of equal
for men and women in occupational social security
treatment
schemes

Member States which have notified implementing measures: B, DK,
D, E, IRL, I, NL, A, P, FIN, S, UK

97/0320, REF — sent: 15.12.1998
97/0354, REF — sent: 25.9.1998
97/0396, REF — sent: 3.12.1998

Greece
France
Luxembourg

9 7 / 0 0 5 9

Commission Directive 97/59/EC of 7 October 1997 adapting to
technical progress Council Directive 90/679/EEC on the protection
of workers from risks related to exposure to biological agents at work
(seventh individual Directive within the meaning of Article 16 (1) of
Directive 89/391/EEC)

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, P, FIN, S, UK

Austria

96/0415, REF: 24.6.1998

9 2 / 0 1 1 7

Council Directive 92/117/EEC of 17 December 1992, concerning the
protective measures against certain zoonoses and certain zoonotic
agents among animals and in the products of animal origin, with a
view to preventing the hearths of infection and of intoxication due to
food

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, L, NL, A, P, FIN, S, UK

Italy

94/0248, REF — Judgment: 23.1.1997

9 3 / 0 1 1 8

Member States which have notified implementing measures: DK, E, F,
IRL, NL, FIN, S, UK

Council Directive 93/118/EC of 22 December 1993 amending Direc-
tive 85/73/EEC on the financing of health inspections and controls
of fresh meat and poultrymeat

98/0166, LET — sent: 16.7.1998
98/0181, LET — sent: 16.7.1998
98/0192, LET — sent: 16.7.1998
98/0221, RO — sent: 11.12.1998
98/0230, LET — sent: 16.7.1998
98/0244, LET — sent: 16.7.1998
98/0254, RO — sent: 11.12.1998

Belgium
Germany
Greece
Italy
Luxembourg
Austria
Portugal

9 7 / 0 0 6 5

Member States which have notified implementing measures: B, DK,
D, F, IRL, L, NL, A, P, FIN, S, UK

95/0069, REF — Judgment:15.10.1998
95/0085, REF — sent: 16.3.1998
95/0135, REF — sent: 9.12.1997

Greece
Spain
Italy

9 3 / 0 1 1 9

Commission Directive 97/65/EC of 26 November 1997 adapting, for
the third time, to technical progress Council Directive 90/679/EEC
on the protection of workers from risks related to exposure to
biological agents at work

Council Directive 93/119/EC of 22 December 1993 on the protection
of animals at the time of slaughter or killing

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, P, FIN, S, UK

Member States which have notified implementing measures: DK, E, F,
IRL, NL, P, FIN, S, UK

Austria

96/0463, REF: 24.6.1998

Belgium
Germany
Greece
Italy
Luxembourg
Austria

98/0295, LET — sent: 25.8.1998
98/0319, LET — sent: 25.8.1998
98/0336, LET — sent: 25.8.1998
98/0397, RO — sent: 11.12.1998
98/0414, LET — sent: 25.8.1998
98/0433, LET — sent: 25.8.1998

AGRICULTURE

Veterinary matters

9 0 / 0 4 2 8

9 4 / 0 0 2 8

Council Directive 94/28/EC of 23 June 1994 laying down the
principles relating to the zootechnical and genealogical conditions
applicable to imports from third countries of animals, their semen,
ova and embryos, and amending Directive 77/504/EEC on pure-bred
breeding animals of the bovine species

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

France

95/0505, REF — sent: 14.10.1997

9 4 / 0 0 4 2

Council Directive 90/428/EEC of 26 June 1990 on trade in equidae
intended for competitions and laying down the conditions for
participation therein

Council Directive 94/42/EC of 27 July 1994 amending Directive
64/432/EEC on health problems affecting intra-Community trade in
bovine animals and swine

C 354/142

EN

Official Journal of the European Communities

7.12.1999

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, L, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: B, DK,
D, EL, E, L, NL, A, FIN, S, UK

Italy

95/0327, REF — sent: 9.12.1997

9 5 / 0 0 2 9

Council Directive 95/29/EC of 29 June 1995 amending Directive
90/628/EEC concerning the protection of animals during transport

Member States which have notified implementing measures: B, DK,
EL, E, IRL, I, L, NL, A, P, FIN, S, UK

Germany
France
Italy

9 5 / 0 0 6 8

97/0035, REF: 24.6.1998
97/0077, REF: 24.6.1998
97/0099, REF — sent: 28.7.1998

Council Directive 95/68/EC of 22 December 1995 amending Direc-
tive 77/99/EEC on health problems affecting the production and
marketing of meat products and certain other products of animal
origin

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, P, FIN, S

Portugal
United Kingdom

97/0152, REF: 24.6.1998
97/0187, REF: 24.6.1998

9 5 / 0 0 7 0

Council Directive 95/70/EC of 22 December 1995 introducing
minimum Community measures for the control of certain diseases
affecting bivalve molluscs

Member States which have notified implementing measures: B, DK,
D, EL, E, F, I, L, A, P, FIN, S, UK

Ireland
Italy
Netherlands

9 5 / 0 0 7 1

97/0359, REF: 2.12.1998
97/0372, REF: 2.12.1998
97/0402, RO — sent: 18.8.1998

Council Directive 95/71/EC of 22 December 1995 amending the
Annex to Directive 91/493/EEC laying down the health conditions
for the production and the placing on the market of fishery products

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Belgium
Portugal

9 6 / 0 0 2 2

97/0479, REF: 2.12.1998
97/0524, REF: 2.12.1998

97/0342, REF: 2.12.1998
97/0360, REF: 2.12.1998
97/0373, REF: 2.12.1998
97/0430, REF: 2.12.1998

France
Ireland
Italy
Portugal

9 6 / 0 0 2 3

Council Directive 96/23/EC of 29 April 1996 on measures to monitor
certain substances and residues thereof in live animals and animal
products and repealing Directives 85/358/EEC and 86/469/EEC and
Decisions 89/187/EEC and 91/664/EEC

Member States which have notified implementing measures: B, DK,
D, EL, E, L, NL, A, FIN, S, UK

97/0343, REF: 2.12.1998
97/0361, REF: 2.12.1998
97/0374, REF: 2.12.1998
97/0431, REF: 2.12.1998

France
Ireland
Italy
Portugal

9 6 / 0 0 4 3

Council Directive 96/43/EC of 26 June 1996 amending and consoli-
dating Directive 85/73/EEC in order to ensure financing of veterinary
inspections and controls on live animals and certain animal products
and amending Directives 90/675/EEC and 91/496/EEC

Member States which have notified implementing measures: DK, L,
NL, FIN, S, UK

97/0481, REF: 2.12.1998
97/0491, REF: 2.12.1998
97/0495, REF: 2.12.1998
97/0498, REF: 2.12.1998
97/0503, REF: 2.12.1998
97/0509, REF: 2.12.1998
97/0512, REF: 2.12.1998
97/0521, RO — sent: 18.8.1998
97/0526, REF: 2.12.1998
97/0534, RO — sent: 6.8.1998

Belgium
Germany
Greece
Spain
France
Ireland
Italy
Austria
Portugal
Sweden

9 6 / 0 0 9 0

Council Directive 96/90/EC of 17 December 1996 amending Direc-
tive 92/118/EEC laying down animal health and public health
requirements governing trade in and imports into the Community of
products not subject to the said requirements laid down in specific
Community rules referred to in Annex A (I) to Directive 89/662/EEC
and, as regards pathogens, to Directive 90/425/EEC

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, NL, A, P, FIN, S

Council Directive 96/22/EC of 29 April 1996 concerning the prohib-
ition on the use in stockfarming of certain substances having a
hormonal or thyrostatic action and of ß-agonists, and repealing
Directives 81/602/EEC, 88/146/EEC and 88/299/EEC

Italy
Luxembourg
Portugal
United Kingdom

97/0379, REF: 2.12.1998
97/0395, REF: 2.12.1998
97/0437, REF: 2.12.1998
97/0475, REF: 2.12.1998

7.12.1999

EN

Official Journal of the European Communities

C 354/143

9 6 / 0 0 9 3

9 7 / 0 0 7 6

Council Directive 96/93/EC of 17 December 1996 on the certification
of animals and animal products

Member States which have notified implementing measures: B, DK,
D, EL, E, NL, P, FIN, UK

Council Directive 97/76/EC of 16 December 1997 amending Direc-
tive 77/99/EEC and Directive 72/462/EEC with regard to the rules
applicable to minced meat, meat preparations and certain other
products of animal origin

Greece
France
Ireland
Italy
Luxembourg
Austria
Sweden

9 7 / 0 0 0 2

98/0120, RO: 2.12.1998
98/0132, RO — sent: 11.12.1998
98/0141, RO — sent: 11.12.1998
98/0143, RO — sent: 11.12.1998
98/0146, RO: 2.12.1998
98/0153, RO — sent: 14.12.1998
98/0156, RO — sent: 30.12.1998

Council Directive 97/2/EC of 20 January 1997 amending Directive
91/629/EEC laying down minimum standards for the protection of
calves

Member States which have notified implementing measures: B, E, L,
A, P

9 8 / 0 0 9 9

Council Directive 98/99/EC of 14 December 1998 amending Direc-
tive 97/12/EC amending and updating Directive 64/432/EEC on
health problems affecting intra-Community trade in bovine animals
and swine

Member States which have notified implementing measures: None

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, P, FIN, S, UK

Plant health

Austria

98/0069, RO — sent: 14.12.1998

9 6 / 0 0 3 2

9 7 / 0 0 2 2

Council Directive 97/22/EC of 22 April 1997 amending Directive
92/117/EEC concerning measures for protection against specified
zoonoses and specified zoonotic agents in animals and products of
animal origin in order to prevent outbreaks of food-borne infections
and intoxications

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, L, A, P, FIN, S, UK

France
Italy
Netherlands

9 7 / 0 0 6 1

97/0626, RO — sent: 5.8.1998
97/0660, RO — sent: 18.8.1998
97/0681, RO — sent: 18.8.1998

Council Directive 97/61/EC of 20 October 1997 amending the Annex
to Directive 91/492/EEC laying down the health conditions for the
production and placing on the market of live bivalve molluscs

Member States which have notified implementing measures: DK, L,
A, P, FIN, S

Belgium
Germany
Greece
Spain
France
Ireland
Italy
Netherlands
Austria
Sweden
United Kingdom

98/0294, RO — sent: 11.12.1998
98/0318, RO: 2.12.1998
98/0335, RO: 2.12.1998
98/0347, RO — sent: 22.12.1998,
98/0360, RO — sent: 11.12.1998
98/0379, RO — sent: 14.12.1998
98/0396, RO: 2.12.1998
98/0421, RO — sent: 14.12.1998
98/0432, RO: 2.12.1998
98/0479, RO — sent: 30.12.1998
98/0491, RO: 2.12.1998

Council Directive 96/32/EC of 21 May 1996 amending Annex II to
Directive 76/895/EEC relating to the fixing of maximum levels for
pesticide residues in and on fruit and vegetables and Annex II to
Directive 90/642/EEC relating to the fixing of maximum levels for
pesticide residues in and on certain products of plant origin, including
fruit and vegetables, and providing for the establishment of a list of
maximum levels

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, NL, P, FIN, S, UK

Luxembourg
Austria

97/0390, RO — sent: 6.8.1998
97/0415, REF: 2.12.1998

9 6 / 0 0 3 3

Council Directive 96/33/EC of 21 May 1996 amending the Annexes
to Directives 86/362/EEC and 86/363/EEC on the fixing of maximum
levels for pesticide residues in and on cereals and foodstuffs of animal
origin respectively

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, NL, P, FIN, S, UK

Luxembourg
Austria

97/0391, RO — sent: 6.8.1998
97/0416, REF: 2.12.1998

9 6 / 0 0 6 8

Commission Directive 96/68/EC of 21 October 1996 amending
Council Directive 91/414/EEC concerning the placing of plant
protection products on the market

C 354/144

EN

Official Journal of the European Communities

7.12.1999

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: B, DK,
D, E, IRL, I, NL, L, FIN, S

98/0583, LET — sent: 18.12.1998
98/0590, LET — sent: 18.12.1998
98/0534, LET — sent: 18.12.1998
98/0564, LET — sent: 18.12.1998
98/0544, LET — sent: 18.12.1998
98/0551, LET — sent: 18.12.1998
98/0607, LET — sent: 18.12.1998
98/0598, LET — sent: 18.12.1998
98/0570, LET — sent: 18.12.1998

Greece

98/0020, RO: 2.12.1998

9 7 / 0 0 4 1

Council Directive 97/41/EC of 25 June 1997 amending Directives
76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC relating to
the fixing of maximum levels for pesticide residues in and on,
respectively, fruit and vegetables, cereals, foodstuffs of animal origin,
and certain products of plant origin, including fruit and vegetables

Member States which have notified implementing measures: F

9 7 / 0 0 5 7

Council Directive 97/57/EC of 22 September 1997 establishing
Annex VI to Directive 91/414/EEC concerning the placing of plant
protection products on the market

Greece
Spain
France
Italy
Luxembourg
Netherlands
Austria
Portugal
United Kingdom

Seeds and plants

TOKEN ENTRY

Feedingstuffs

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, L, NL, A, P, FIN, S, UK

9 3 / 0 0 7 4

97/0554, REF: 2.12.1998
97/0664, REF: 2.12.1998
97/0716, REF: 2.12.1998

Belgium
Italy
Portugal

9 8 / 0 0 0 1

Commission Directive 98/1/EC of 8 January 1998 amending certain
Annexes to Council Directive 77/93/EEC on protective measures
against the introduction into the Community of organisms harmful
to plants or plant products and against their spread within the
Community

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, FIN, S, UK

Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs
intended for particular nutritional purposes

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

France

95/0501, REF — sent: 14.10.1997

9 4 / 0 0 3 9

Commission Directive 94/39/EC establishing a list of intended uses
of animal feedingstuffs for particular nutritional purposes

Portugal

98/0256, RO: 2.12.1998

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

9 8 / 0 0 0 2

France

95/0510, REF — sent: 14.10.1997

Commission Directive 98/2/EC of 8 January 1998 amending Annex
IV to Council Directive 77/93/EEC on protective measures against
the introduction into the Community of organisms harmful to plants
or plant products and against their spread within the Community

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, FIN, S, UK

Portugal

98/0257, RO: 2.12.1998

9 8 / 0 0 2 2

Commission Directive 98/22/EC of 15 April 1998 laying down the
minimum conditions for carrying out plant health checks in the
Community, at inspection posts other than those at the place of
destination, of plants, plant products or other objects coming from
third countries

9 5 / 0 0 0 9

Commission Directive 95/9/EC of 7 April 1995 amending Directive
94/39/EC establishing a list of intended uses of animal feedingstuffs
for particular nutritional purposes

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

France

95/0517, REF — sent: 14.10.1997

9 5 / 0 0 1 0

Commission Directive 95/10/EC of 7 April 1995 fixing the method
of calculating the energy value of dog and cat food intended for
particular nutritional purposes

7.12.1999

EN

Official Journal of the European Communities

C 354/145

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

9 6 / 0 0 2 4

France

95/0518, REF — sent: 14.10.1997

Council Directive 96/24/EC of 29 April 1996 amending Directive
79/373/EEC on the marketing of compound feedingstuffs

9 5 / 0 0 3 3

Member States which have notified implementing measures: DK, D,
E, NL

Commission Directive 95/33/EC of 10 July 1995 amending Council
Directive 82/471/EEC concerning certain products used in animal
nutrition

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Luxembourg

96/1017, REF — sent: 18.9.1998

9 5 / 0 0 5 3

Council Directive 95/53/EC of 25 October 1995 fixing the principles
governing the organisation of official
inspections in the field of
animal nutrition

Member States which have notified implementing measures: DK, D,
E, NL, S

98/0162, RO: 2.12.1998
98/0187, RO: 2.12.1998
98/0201, RO — sent: 11.12.1998
98/0208, RO — sent: 11.12.1998
98/0216, RO — sent: 11.12.1998
98/0226, RO: 2.12.1998
98/0239, RO — sent: 14.12.1998
98/0249, RO: 2.12.1998
98/0259, RO — sent: 30.12.1998
98/0273, RO: 2.12.1998

Belgium
Greece
France
Ireland
Italy
Luxembourg
Austria
Portugal
Finland
United Kingdom

9 5 / 0 0 6 9

Council Directive 95/69/EC of 22 December 1995 laying down the
conditions and arrangements for approving and registering certain
establishments and intermediaries operating in the animal feed sector
and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and
82/471/EEC

Member States which have notified implementing measures: DK, D,
E, NL, S, UK

Belgium
Greece
France
Ireland
Italy
Luxembourg
Austria
Portugal
Finland

98/0163, RO: 2.12.1998
98/0188, RO: 2.12.1998
98/0202, RO — sent: 11.12.1998
98/0209, RO — sent: 11.12.1998
98/0217, RO — sent: 11.12.1998
98/0227, RO: 2.12.1998
98/0240, RO — sent: 14.12.1998
98/0250, RO: 2.12.1998
98/0260, RO — sent: 30.12.1998

Belgium
Greece
France
Ireland
Italy
Luxembourg
Austria
Portugal
Finland
Sweden
United Kingdom

9 6 / 0 0 2 5

98/0282, LET — sent: 25.8.1998
98/0323, LET — sent: 25.8.1998
98/0350, LET — sent: 25.8.1998
98/0365, LET — sent: 25.8.1998
98/0384, LET — sent: 25.8.1998
98/0401, LET — sent: 25.8.1998
98/0424, LET — sent: 25.8.1998
98/0439, LET — sent: 25.8.1998
98/0458, LET — sent: 25.8.1998
98/0469, LET — sent: 25.8.1998
98/0484, LET — sent: 25.8.1998

Council Directive 96/25/EC of 29 April 1996 on the circulation
of
feed materials, amending Directives 70/524/EEC, 74/63/EEC,
82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC

Member States which have notified implementing measures: DK, D,
E, NL

Belgium
Greece
France
Ireland
Italy
Luxembourg
Austria
Portugal
Finland
Sweden
United Kingdom

9 6 / 0 0 5 1

98/0283, LET — sent: 25.8.1998
98/0324, LET — sent: 25.8.1998
98/0351, LET — sent: 25.8.1998
98/0366, LET — sent: 25.8.1998
98/0385, LET — sent: 25.8.1998
98/0402, LET — sent: 25.8.1998
98/0425, LET — sent: 25.8.1998
98/0440, LET — sent: 25.8.1998
98/0459, LET — sent: 25.8.1998
98/0470, LET — sent: 25.8.1998
98/0485, LET — sent: 25.8.1998

Council Directive 96/51/EC of 23 July 1996 amending Directive
70/524/EEC concerning additives in feedingstuffs

Member States which have notified implementing measures: DK, E,
NL, S, UK

Belgium
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Austria
Portugal
Finland

98/0164, RO — sent: 30.12.1998
98/0178, RO: 2.12.1998
98/0189, RO: 2.12.1998
98/0198, RO — sent: 30.12.1998
98/0203, RO — sent: 11.12.1998
98/0210, RO — sent: 11.12.1998
98/0218, RO: 2.12.1998
98/0228, RO: 2.12.1998
98/0241, RO — sent: 14.12.1998
98/0251, RO: 2.12.1998
98/0261, RO — sent: 30.12.1998

C 354/146

EN

Official Journal of the European Communities

7.12.1999

9 7 / 0 0 0 8

9 8 / 0 0 5 1

Commission Directive 97/8/EC of 7 February 1997 amending Council
Directive 74/63/EEC on undesirable substances and products in
animal nutrition

Commission Directive 98/51/EC of 9 July 1998 laying down certain
measures for implementing Council Directive 95/69/EC laying down
the conditions and arrangements for approving and registering certain
establishments and intermediaries operating in the animal feed sector

Member States which have notified implementing measures: DK, D,
EL, E, IRL, NL, A, S

Member States which have notified implementing measures: DK, S

98/0290, RO — sent: 11.12.1998
98/0356, RO — sent: 14.12.1998
98/0392, RO — sent: 11.12.1998
98/0409, RO: 2.12.1998
98/0448, RO: 2.12.1998
98/0463, RO: 2.12.1998
98/0489, RO: 2.12.1998

Belgium
France
Italy
Luxembourg
Portugal
Finland
United Kingdom

9 7 / 0 0 4 7

Commission Directive 97/47/EC of 28 July 1997 amending the
to Council Directives 77/101/EEC, 79/373/EEC and
Annexes
91/357/EEC

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, NL, A, P, FIN, S, UK

98/0041, RO — sent: 11.12.1998
98/0064, RO: 2.12.1998
98/0081, RO: 2.12.1998

France
Luxembourg
Portugal

9 7 / 0 0 7 2

9 8 / 0 0 6 0

Commission Directive 98/60/EC of 24 July 1998 amending Council
Directive 74/63/EEC on the fixing of maximum permitted levels for
undesirable substances and products in feedingstuffs

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, NL, A, P, S, UK

France
Italy
Luxembourg
Portugal
Finland
United Kingdom

9 8 / 0 0 6 4

98/0500, LET — sent: 8.10.1998
98/0516, LET — sent: 8.10.1998
98/0497, LET — sent: 8.10.1998
98/0520, LET — sent: 8.10.1998
98/0523, LET — sent: 8.10.1998
98/0511, LET — sent: 8.10.1998

Commission Directive 98/64/EC of 3 September 1998 establishing
Community methods of analysis for the determination of amino-acids,
crude oils and fats, and olaquindox in feedingstuffs and amending
Directive 71/393/EEC.

Member States which have notified implementing measures: DK

Commission Directive 97/72/EC of 15 December 1997 amending
Council Directive 70/524/EEC concerning additives in feedingstuffs

9 8 / 0 0 6 7

Member States which have notified implementing measures: B, DK,
D, E, IRL, I, NL, A, P, S

98/0193, RO: 2.12.1998
98/0205, RO — sent: 11.12.1998
98/0231, RO: 2.12.1998
98/0255, RO: 2.12.1998
98/0262, RO — sent: 30.12.1998
98/0278, RO: 2.12.1998

Greece
France
Luxembourg
Portugal
Finland
United Kingdom

9 8 / 0 0 1 9

Commission Directive 98/67/EC of 7 September 1998 amending
Directives 80/511/EEC, 82/475/EEC, 91/357/EEC and Council Direc-
tive 96/25/EC and repealing Directive 92/87/EEC

Member States which have notified implementing measures: None

TRANSPORT

Land, road and inland waterway transport

Commission Directive 98/19/EC of 18 March 1998 amending
Council Directive 70/524/EEC concerning additives in feedingstuffs

9 6 / 0 0 5 0

Member States which have notified implementing measures: B, DK,
D, E, IRL, I, NL, A, P, S, UK

Greece
France
Luxembourg
Portugal
Finland

98/0339, RO: 2.12.1998
98/0364, RO — sent: 14.12.1998
98/0417, RO: 2.12.1998
98/0457, RO: 2.12.1998
98/0468, LET — sent: 25.8.1998

Council Directive 96/50/EC of 23 July 1996 on the harmonisation of
the conditions for obtaining national boatmasters’ certificates for
the carriage of goods and passengers by inland waterway in the
Community

Member States which have notified implementing measures: B, D, L,
A, UK (not applicable in DK, EL, E, IRL)

Italy
Netherlands

98/0559, LET — sent: 18.12.1998
98/0236, LET — sent: 3.8.1998

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Rail transport and summer time

9 4 / 0 0 5 5

9 1 / 0 4 4 0

Council Directive 91/440/EEC of 29 July 1991 on the development
of the Community’s railways

Council Directive 94/55/EC of 21 November 1994 on the approxi-
mation of the laws of the Member States with regard to the transport
of dangerous goods by road

Member States which have notified implementing measures: all except
EL and IRL

Member States which have notified implementing measures: all except
L (partial transposition)

Greece
Ireland

98/0018, RO — sent: 16.10.1998
98/0042, RO — sent: 16.10.1998

Luxembourg

95/2244, RO — sent: 24.11.1997

9 5 / 0 0 5 0

9 5 / 0 0 1 8

Council Directive 95/50/EC of 6 October 1995 on uniform pro-
cedures for checks on the transport of dangerous goods by road

Council Directive 95/18/EC of 19 June 1995 on the licensing of
railway undertakings

Member States which have notified implementing measures: all
except IRL

Member States which have notified implementing measures: DK, D,
EL, E, NL, A, P, FIN, S, UK

Ireland

97/0506, RO — sent: 24.9.1998

97/0261, RO — sent: 22.1.1998
97/0339, REF — sent: 25.9.1998
97/0357, REF: 2.12.1998
97/0370, REF — sent: 24.9.1998
97/0383, RO — sent: 4.2.1998

Belgium
France
Ireland
Italy
Luxembourg

9 5 / 0 0 1 9

9 6 / 0 0 4 7

Council Directive 96/47/EC of 23 July 1996 amending Directive
91/439/EEC on driving licences

Member States which have notified implementing measures: all
except EL

Greece

98/0119, LET — sent: 3.6.1998

Council Directive 95/19/EC of 19 June 1995 on the allocation of
railway infrastructure capacity and the charging of infrastructure fees

9 6 / 0 0 4 9

Member States which have notified implementing measures: DK, D,
EL, E, NL, A, P, FIN, S

Belgium
France
Ireland
Italy
Luxembourg
United Kingdom

97/0262, RO — sent: 22.1.1998
97/0340, REF — sent: 25.9.1998
97/0358, REF: 2.12.1998
97/0371, REF — sent: 24.9.1998
97/0384, RO — sent: 5.2.1998
97/0463, REF: 2.12.1998

Inland transport, safety and technology

9 1 / 0 3 2 8

Council Directive 91/328/EEC of 21 June 1991 amending Directive
77/143/EEC on the approximation of the laws of the Member States
relating to roadworthiness tests for motor vehicles and their trailers

Council Directive 96/49/EC of 23 July 1996 on the approximation
of the laws of the Member States with regard to the transport of
dangerous goods by rail

Member States which have notified implementing measures: DK, D,
E, F, L, NL, A, FIN, S, UK

9 6 / 0 0 5 3

Council Directive 96/53/EC of 25 July 1996 laying down for certain
road vehicles circulating within the Community the maximum
authorised dimensions in national and international traffic and the
maximum authorised weights in international traffic

Member States which have notified implementing measures: B, DK,
EL, E, F, I, L, A, P, FIN, S, UK

Germany
Ireland
Netherlands

9 6 / 0 0 8 6

97/0574, RO — sent: 27.10.1998
97/0633, RO — sent: 14.12.1998
97/0673, RO — sent: 14.12.1998

Member States which have notified implementing measures: all except
IRL

Ireland

93/0764, REF — sent: 25.6.1998

Commission Directive 96/86/EC of 13 December 1996 adapting to
technical progress Council Directive 94/55/EC on the approximation
of the laws of the Member States with regard to the transport of
dangerous goods by road

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7.12.1999

Member States which have notified implementing measures: B, DK,
D, E, F, I, L, NL, A, P, FIN, S

9 7 / 0 0 1 5

Greece
Ireland
United Kingdom

98/0022, RO — sent: 16.10.1998
98/0045, RO — sent: 16.10.1998
98/0094, RO — sent: 16.10.1998

Commission Directive 97/15/EC of 25 March 1997 adopting Euro-
control standards and amending Council Directive 93/65/EEC on the
definition and use of compatible technical specifications for the
procurement of air-traffic-management equipment and systems

9 6 / 0 0 8 7

Commission Directive 96/87/EC of 13 December 1996 adapting to
technical progress Council Directive 96/49/EC on the approximation
of the laws of the Member States with regard to the transport of
dangerous goods by rail

Member States which have notified implementing measures: DK, D,
E, F, L, NL, A, FIN, S

9 6 / 0 0 9 6

Council Directive 96/96/EC of 20 December 1996 on the approxi-
mation of the laws of the Member States relating to roadworthiness
tests for motor vehicles and their trailers

Member States which have notified implementing measures: DK, D,
E, F, L, NL, A, FIN, S, UK

Belgium
Greece
Ireland
Italy
Portugal

9 7 / 0 0 2 6

98/0165, RO — sent: 14.12.1998
98/0191, RO — sent: 14.12.1998
98/0212, RO — sent: 14.12.1998
98/0220, RO: 2.12.1998
98/0253, RO: 2.12.1998

Council Directive 97/26/EC of 2 June 1997 amending Directive
91/439/EEC on driving licences

Member States which have notified implementing measures: B, DK,
D, E, F, L, NL, A, FIN, S, UK

France
Ireland
Greece

98/0133, RO — sent: 14.12.1998
98/0142, RO — sent: 14.12.1998
98/0121, LET — sent: 3.6.1998

Air transport, safety and social aspects

9 4 / 0 0 5 6

Council Directive 94/56/EC of 21 November 1994 establishing the
fundamental principles governing the investigation of civil aviation
accidents and incidents

Member States which have notified implementing measures: DK, D,
E, IRL, FIN, S, UK

Belgium
Greece
France
Italy
Luxembourg
Netherlands
Austria
Portugal

97/0020, REF — sent: 30.11.1998
97/0047, RO — sent: 24.9.1998
97/0075, RO — sent: 16.9.1998
97/0096, SRO: 2.12.1998
97/0107, REF: 2.12.1998
97/0119, RO — sent: 14.12.1998
97/0136, REF — sent: 16.12.1998
97/0146, RO — sent: 24.9.1998

Member States which have notified implementing measures: B, DK,
E, F, IRL, I, NL, P, FIN, S, UK

Germany
Greece
Luxembourg
Austria

98/0015, RO: 24.6.1998
98/0025, RO — sent: 24.9.1998
98/0061, LET — sent: 31.3.1998
98/0071, LET — sent: 31.3.1998

Air transport, airports, environment

8 0 / 0 0 5 1

Council Directive 80/51/EEC of 20 December 1979 on the limitation
of noise emissions from subsonic aircraft

Member States which have notified implementing measures: all except
UK

United Kingdom

95/2031, REF: 2.12.1998

9 6 / 0 0 6 7

Council Directive 96/67/EC of 15 October 1996 on access to the
groundhandling market at Community airports

Member States which have notified implementing measures: DK, D,
F, NL, A, FIN, UK

Belgium
Greece
Spain
Ireland
Italy
Luxembourg
Portugal
Sweden

97/0543, RO — sent: 3.9.1998
97/0591, RO — sent: 3.9.1998
97/0606, RO: 24.6.1998
97/0636, RO — sent: 16.10.1998
97/0653, RO — sent: 3.9.1998
97/0667, RO — sent: 28.10.1998
97/0705, RO — sent: 23.9.1998
97/0740, RO — sent: 3.9.1998

Sea transport, safety and technical aspects

9 5 / 0 0 2 1

Council Directive 95/21/EC of 19 June 1995 concerning the enforce-
ment, in respect of shipping using Community ports and sailing in
the waters under the jurisdiction of the Member States, of international
standards for ship safety, pollution prevention and shipboard living
and working conditions (port State control)

Member States which have notified implementing measures: all
except I

Italy

96/0997, REF — sent: 14.8.1998

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9 6 / 0 0 3 9

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, I, NL, FIN, S

Commission Directive 96/39/EC of 19 June 1996 amending Council
Directive 93/75/EEC concerning minimum requirements for vessels
bound for or leaving Community ports and carrying dangerous or
polluting goods

Member States which have notified implementing measures: DK, D,
EL, E, F, I, IRL, NL, A, P, FIN, S

Belgium
Luxembourg
Portugal
United Kingdom

97/0480, RO — sent: 19.8.1998
97/2199, RO — sent: 14.12.1998
97/0525, RO — sent: 10.8.1998
97/0537, LET — sent: 5.11.1997

Germany
Spain
France
Luxembourg
Netherlands
Austria
Portugal
United Kingdom

9 7 / 0 0 7 0

98/0554, LET — sent: 18.12.1998
98/0589, LET — sent: 18.12.1998
98/0532, LET — sent: 18.12.1998
98/0541, LET — sent: 18.12.1998
98/0549, LET — sent: 18.12.1998
98/0603, LET — sent: 18.12.1998
98/0594, LET — sent: 18.12.1998
98/0568, LET — sent: 18.12.1998

9 6 / 0 0 9 8

Council Directive 97/70/EC of 11 December 1997 setting up a
harmonised safety regime for fishing vessels of 24 metres in length
and over

Council Directive 96/98/EC, of 20 December 1996 on marine
equipment

Member States which have notified implementing measures: B, DK

Member States which have notified implementing measures: D, EL, F

9 8 / 0 0 1 8

97/0289, LET — sent: 25.8.98
98/0300, LET — sent: 25.8.98
98/0343, LET — sent: 25.8.98
98/0374, LET — sent: 25.8.98
98/0391, RO — sent: 14.12.1998
98/0408, LET — sent: 25.8.98
98/0420, LET — sent: 25.8.98
98/0428, LET — sent: 25.8.98
98/0447, LET — sent: 25.8.98
98/0462, LET — sent: 25.8.98
98/0475, LET — sent: 25.8.98
98/0488, LET — sent: 25.8.98

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

9 7 / 0 0 3 4

Commission Directive 97/34/EC of 6 June 1997 amending Council
Directive 93/75/EEC concerning minimum requirements for vessels
bound for or leaving Community ports and carrying dangerous or
polluting goods

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, NL, A, P, FIN, S

97/0551, RO — sent: 19.8.1998
97/0661, RO — sent: 10.8.1998
97/2199, RO — sent: 14.12.1998
97/0713, REF: 2.12.1998
97/0761, LET — sent: 29.12.1997

Belgium
Italy
Luxembourg
Portugal
United Kingdom

9 7 / 0 0 5 8

Commission Directive 97/58/EC of 26 September 1997 amending
Council Directive 94/57/EC on common rules and standards for ship
inspection and survey organisations and for the relevant activities of
maritime administrations

Council Directive 98/18/EC of 17 March 1998 on safety rules and
standards for passenger ships

Member States which have notified implementing measures: B

9 8 / 0 0 2 5

Council Directive 98/25/EC of 27 April 1998 amending Directive
95/21/EC concerning the enforcement, in respect of shipping using
Community ports and sailing in the waters under the jurisdiction of
the Member States, of international standards for ship safety, pollution
prevention and shipboard living and working conditions (port State
control)

Member States which have notified implementing measures: B, DK,
D, FIN, S, UK

9 8 / 0 0 4 2

Commission Directive 98/42/EC of 19 June 1998 amending Council
Directive 95/21/EC concerning the enforcement, in respect of ship-
ping using Community ports and sailing in the waters under the
jurisdiction of the Member States, of international standards for ship
safety, pollution prevention and shipboard living and working
conditions (port State control)

Member States which have notified implementing measures: B, DK,
FIN, S, UK

9 8 / 0 0 5 5

Council Directive 98/55/EC of 17 July 1998 amending Directive
93/75/EEC concerning minimum requirements for vessels bound for
or leaving Community ports and carrying dangerous or polluting
goods

Member States which have notified implementing measures: B

C 354/150

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7.12.1999

TELEVISION WITHOUT FRONTIERS

9 7 / 0 0 3 6

Water

7 6 / 0 1 6 0

Directive 97/36/EC of the European Parliament and of the Council of
30 June 1997 amending Directive 89/552/EC on the coordination of
certain provisions laid down by law, regulation or administrative
action in Member States concerning the pursuit of television broad-
casting activities

Member States which have notified implementing measures: DK, P,
FIN,

ENVIRONMENT

Air

9 3 / 0 0 1 2

Council Directive 93/12/EEC of 23 March 1993 relating to the
sulphur content of certain liquid fuels

Member States which have notified implementing measures: All
except E

Spain

94/0552, RO — sent: 21.10.1996

Council Directive 76/160/EEC of 8 December 1975 concerning the
quality of bathing water

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, I, L, NL, P, FIN, S, UK

97/2039, RO — sent: 19.5.1998
97/2187, REF: 2.12.1998

Germany
Austria

9 1 / 0 2 7 1

Council Directive 91/271/EEC of 21 May 1991 concerning urban
waste-water treatment

Member States which have notified implementing measures: All
except I

Italy

93/0786, 2nd REF: 2.12.1998

9 6 / 0 0 6 2

9 8 / 0 0 1 5

Council Directive 96/62/EC of 27 September 1996 on ambient air
quality assessment and management

Member States which have notified implementing measures: B, DK, F,
L, NL, A, FIN, S

Germany
Greece
Spain
Ireland
Italy
Portugal
United Kingdom

9 7 / 0 0 6 8

98/0313, LET — sent: 25.8.1998
98/0328, RO — sent: 17.12.1998
98/0342, RO — sent: 11.12.1998
98/0371, RO: 2.12.1998
98/0388, RO — sent: 17.12.1998
98/0445, RO: 2.12.1998
98/0487, RO — sent: 21.12.1998

Directive 97/68/EC of the European Parliament and of the Council of
16 December 1997 on the approximation of the laws of the Member
States relating to measures against the emission of gaseous and
particulate pollutants from internal combustion engines to be installed
in non-road mobile machinery

Commission Directive 98/15/EC of 27 February 1998 amending
Council Directive 91/271/EEC with respect to certain requirements
established in Annex I thereto

Member States which have notified implementing measures: B, E, L,
NL, FIN

Denmark
Germany
Greece
France
Ireland
Italy
Austria
Portugal
Sweden
United Kingdom

98/0579, LET — sent: 18.12.1998
98/0557, LET — sent: 18.12.1998
98/0584, LET — sent: 18.12.1998
98/0533, LET — sent: 18.12.1998
98/0575, LET — sent: 18.12.1998
98/0563, LET — sent: 18.12.1998
98/0606, LET — sent: 18.12.1998
98/0597, LET — sent: 18.12.1998
98/0610, LET — sent: 18.12.1998
98/0569, LET — sent: 18.12.1998

Member States which have notified implementing measures: DK, D,
E, NL, FIN

Nature

Belgium
Germany
Greece
France
Ireland
Italy
Luxembourg
Austria
Portugal
Sweden
United Kingdom

98/0296, RO — sent: 17.12.1998
98/0320, RO — sent: 25.8.1998
98/0337, RO — sent: 17.12.1998
98/0362, RO — sent: 17.12.1998
98/0381, RO — sent: 17.12.1998
98/0398, RO — sent: 17.12.1998
98/0415, RO — sent: 17.12.1998
98/0434, RO — sent: 30.12.1998
98/0455, RO: 2.12.1998
98/0481, LET — sent: 25.8.1998
98/0492, RO — sent: 17.12.1998

9 2 / 0 0 4 3

Council Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora

Member States which have notified implementing measures: B, DK,
D, E, IRL, I, L, NL, A, P, FIN, S, UK

Greece
France

94/0703, RO 171 — sent: 25.9.1998
94/0673, REF — sent: 15.7.1998

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C 354/151

Noise

9 5 / 0 0 2 7

European Parliament and Council Directive 95/27/EC of 29 June
1995 amending Council Directive 86/662/EEC on the limitation of
noise emitted by hydraulic excavators, rope-operated excavators,
dozers, loaders and excavator-loaders

Member States which have notified implementing measures: None

Belgium

96/0016, REF — sent: 17.9.1997

Chemicals and Biotechnologies

9 4 / 0 0 1 5

Commission Directive 94/15/EC of 15 April 1994 adapting to
technical progress for the first time Council Directive 90/220/EEC on
the deliberate release into the environment of genetically modified
organisms

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Belgium

94/0634, RO 171 — sent: 29.9.1998

9 4 / 0 0 5 1

Commission Directive 94/51/EC of 7 November 1994 adapting to
technical progress Council Directive 90/219/EEC on the contained
use of genetically modified micro-organisms

Member States which have notified implementing measures: All
except L

Belgium
Luxembourg

95/0239, LET 171: 2.12.1998
95/0344, LET 171 — sent: 18.12.1998

9 4 / 0 0 6 9

9 6 / 0 0 5 4

Commission Directive 96/54/EC of 30 July 1996 adapting to techni-
cal progress for the twenty-second time Council Directive 67/548/EEC
on the approximation of the laws, regulations and administrative
provisions relating to the classification, packaging and labelling of
dangerous substances

Member States which have notified implementing measures: DK, D,
E, F, IRL, I, L, NL, A, FIN, S

Belgium
Greece
Portugal
United Kingdom

9 6 / 0 0 5 6

98/0284, RO — sent: 22.12.1998
98/0326, RO — sent: 17.12.1998
98/0442, RO — sent: 2.12.1998
98/0486, LET — sent: 25.8.1998

Directive 96/56/EC of the European Parliament and the Council of
3 September 1996 amending Directive 67/548/EEC on the approxi-
mation of laws, regulations and administrative provisions relating to
the classification, packaging and labelling of dangerous substances

Member States which have notified implementing measures: DK, E, F,
IRL, I, L, NL, A, FIN, S, UK

Belgium
Germany
Greece
Portugal

9 7 / 0 0 3 5

98/0286, RO — sent: 18.12.1998
98/0312, RO — sent: 21.12.1998
98/0327, RO — sent: 17.12.1998
98/0444, RO — sent: 2.12.1998

Commission Directive 97/35/EC of 18 June 1997 adapting to techni-
cal progress for the second time Council Directive 90/220/EEC on
the deliberate release into the environment of genetically modified
organisms

Member States which have notified implementing measures: DK, D,
E, F, IRL, I, L, NL, A, P, FIN, S

Belgium
Greece
United Kingdom

97/0483, RO — sent: 6.8.1998
97/0496, REF: 2.12.1998
97/0538, LET — sent: 5.11.1997

Waste

9 4 / 0 0 6 2

Commission Directive 94/69/EC of 19 December 1994 adapting
to technical progress for the twenty-first time Council Directive
67/548/EEC on the approximation of laws, regulations and adminis-
trative provisions relating to the classification, packaging and labelling
of dangerous substances

European Parliament and Council Directive 94/62/EC of 20 December
1994 on packaging and packaging waste

Member States which have notified implementing measures: DK, D,
E, IRL, I, L, NL, A, FIN, S

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, NL, A, FIN, S, UK

Belgium
Portugal

96/0859, REF — sent: 24.3.1998
96/1040, REF: 24.6.1998

Belgium
Greece
France
Luxembourg
Portugal
United Kingdom

96/2223, REF: 2.12.1998
96/0911, REF: 24.6.1998
96/2225, LET — sent: 24.2.1998
96/1013, REF: 24.6.1998
96/2207, RO — sent: 6.7.1998
96/2224, RO — sent: 23.6.1998

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7.12.1999

9 4 / 0 0 6 7

9 5 / 0 0 4 7

Council Directive 94/67/EC of 16 December 1994 on the incineration
of hazardous waste

Directive 95/47/EC of the European Parliament and of the Council of
24 October 1995 on the use of standards for the transmission of
television signals

Member States which have notified implementing measures: DK, D,
E, F, IRL, L, NL, P, FIN, S

Member States which have notified implementing measures: DK, D,
E, IRL, L, P, FIN, UK

97/0021, RO — sent: 23.11.1998
97/0048, REF — sent: 29.10.1998
97/0097, RO — sent: 28.10.1998
97/0137, REF: 2.12.1998
97/0182, RO — sent: 3.11.1998

Belgium
Greece
Italy
Austria
United Kingdom

9 6 / 0 0 5 9

Council Directive 96/59/EC of 16 September 1996 on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

Member States which have notified implementing measures: F, IRL, L,
NL, A, FIN, S

Denmark
Germany
Greece
Spain
Italy
Portugal
United Kingdom
Belgium

98/0172, RO — sent: 13.12.1998
98/0179, RO — sent: 30.12.1998
98/0190, RO — sent: 17.12.1998
98/0199, RO — sent: 30.12.1998
98/0219, RO — sent: 18.12.1998
98/0252, RO: 2.12.1998
98/0276, RO: 2.12.1998
98/2211, LET — sent: 21.10.1998

Radiation protection

8 9 / 0 6 1 8

Council Directive 89/618/Euratom of 27 November 1989 on
informing the general public about health protection measures to be
applied and steps to be taken in the event of a radiological emergency

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, P, FIN, UK

Sweden

96/0488, LET — sent: 15.10.1996

TELECOMMUNICATIONS

9 2 / 0 0 4 4

Council Directive 92/44/EEC of 5 June 1992 on the application of
open network provision to leased lines

Belgium
Greece
France
Italy
Netherlands
Austria
Portugal
Sweden

9 5 / 0 0 6 2

96/0870, RO — sent: 21.10.1998
96/0923, RO — sent: 14.10.1998
96/0966, RO — sent: 14.10.1998
96/1004, RO — sent: 14.10.1998
96/1034, RO — sent: 14.10.1998
96/1089, RO — sent: 14.10.1998
96/1054, RO — sent: 6.10.1998
96/1127, RO — sent: 6.10.1998

Directive 95/62/EC of the European Parliament and of the Council of
13 December 1995 on the application of open network provision
(ONP) to voice telephony

Member States which have notified implementing measures: DK, D,
E, F, IRL, I, L, NL, A, P, FIN, S, UK

Belgium
Greece

9 7 / 0 0 1 3

97/2226, RO: 16.12.1998
97/0053,
2.12.1998

RO — suspension

lifted:

Directive 97/13/EC of the European Parliament and of the Council of
10 April 1997 on a common framework for general authorisations
and individual licences in the field of telecommunications services

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, L, A, P, FIN, S, UK

Greece
Netherlands

9 7 / 0 0 3 3

98/2081, RO: 16.12.1998
98/2085, LET — sent: 4.6.1998

Directive 97/33/EC of the European Parliament and of the Council of
30 June 1997 on interconnection in Telecommunications with regard
to ensuring universal service and interoperability through application
of the principles of Open Network Provision (ONP)

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, L, A, FIN, UK

Greece
Netherlands
Portugal
Sweden

9 7 / 0 0 5 1

98/2082, RO: 16.12.1998
98/2086, LET — sent: 4.6.1998
98/2087, RO: 2.12.1998
98/2088, RO: 2.12.1998

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Belgium

95/2308, LET: 13.12.1995

Directive 97/51/EC of the European Parliament and of the Council of
6 October 1997 amending Council Directives 90/387/EEC and
92/44/EEC for the purpose of adaptation to a competitive environ-
ment in telecommunications

7.12.1999

EN

Official Journal of the European Communities

C 354/153

Member States which have notified implementing measures: B, DK,
D, E, IRL, L, A, FIN, UK

INTERNAL MARKET AND FINANCIAL SERVICES

98/0333, RO: 2.12.1998
98/0359, RO: 2.12.1998
98/0394, RO: 16.12.1998
98/0451, RO: 2.12.1998
98/0478, RO: 2.12.1998

Greece
France
Italy
Portugal
Sweden

9 7 / 0 0 6 6

Directive 97/66/EC of the European Parliament and of the Council of
15 December 1997 concerning the processing of personal data and
the protection of privacy in the telecommunications sector

Free movement of persons and citizens’ rights

9 4 / 0 0 8 0

Council Directive 94/80/EC of 19 December 1994 laying down
detailed arrangements for the exercise of the right to vote and to
stand as a candidate in municipal elections by citizens of the Union
residing in a Member State of which they are not nationals

Member States which have notified implementing measures: All
except B

Belgium

96/0012, REF — Judgment: 9.7.1998

Member States which have notified implementing measures: D, E, I,
A, P

9 0 / 0 5 3 1

Public procurement

98/2332, LET: 2.12.1998
98/2333, LET: 2.12.1998
98/2335, LET: 16.12.1998
98/2336, LET: 2.12.1998
98/2337, LET: 2.12.1998
98/2338, LET: 2.12.1998
98/2339, LET: 2.12.1998
98/2340, LET: 2.12.1998
98/2341, LET: 2.12.1998
98/2342, LET: 2.12.1998
98/2343, LET: 2.12.1998
98/2344, LET: 2.12.1998

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

9 8 / 0 0 1 0

Council Directive 90/531/EEC of 17 September 1990 on the procure-
ment procedures of entities operating in the water, energy, transport
and telecommunications sectors

Member States which have notified implementing measures: All
except E

Spain

98/0128, covered by 97/0213: 2.12.1998

9 2 / 0 0 1 3

Council Directive 92/13/EEC of 25 February 1992 coordinating
the laws, regulations and administrative provisions relating to the
application of Community rules on the procurement procedures of
entities operating in the water, energy, transport and telecommuni-
cations sectors

Member States which have notified implementing measures: All
except EL, P

Directive 98/10/EC of the European Parliament and of the Council of
26 February 1998 on the application of open network provision
(ONP) to voice telephony and on universal service for telecommuni-
cations in a competitive environment

Greece
Portugal

9 2 / 0 0 5 0

98/0185, RO — sent: 17.12.1998
98/0437, RO: 9.12.1998

Member States which have notified implementing measures: B, DK,
D, E, F, L, A, FIN, UK

Council Directive 92/50/EEC of 18 June 1992 relating to the coordi-
nation of procedures for the award of public service contracts

98/0338, RO: 16.12.1998
98/0363, RO: 2.12.1998
98/0382, RO: 2.12.1998
98/0399, RO: 16.12.1998
98/0423, LET — sent: 25.8.1998
98/0456, LET — sent: 25.8.1998
98/0482, RO: 2.12.1998

Greece
France
Ireland
Italy
Netherlands
Portugal
Sweden

9 8 / 0 0 6 1

Member States which have notified implementing measures: All

Greece

9 3 / 0 0 3 6

93/0711, 2nd REF — Stay of execution:
2.12.1998

Council Directive 93/36/EEC of 14 June 1993 coordinating pro-
cedures for the award of public supply contracts

Member States which have notified implementing measures: All

Italy

94/0722, LET 171 — sent: 24.7.1998

Directive 98/61/EC of the European Parliament and of the Council of
24 September 1998 amending Directive 97/33/EC with regard to
operator number portability and carrier pre-selection

Member States which have notified implementing measures: D, E, L

9 3 / 0 0 3 8

Council Directive 93/38/EEC of 14 June 1993 coordinating the
procurement procedures of entities operating in the water, energy,
transport and telecommunications sectors

C 354/154

EN

Official Journal of the European Communities

7.12.1999

Member States which have notified implementing measures: ALL
EXCEPT EL, E, P

Insurance

98/0186, RO — sent: 17.12.1998
97/0213, RO — Stay of
2.12.1998
98/0438, RO: 9.12.1998

execution:

Greece
Spain

Portugal

9 7 / 0 0 5 2

European Parliament and Council Directive 97/52/EC of 13 October
1997 amending Directives 92/50/EEC, 93/36/EEC and 93/37/EEC
concerning the coordination of procedures for the award of public
service contracts, public supply contracts and public works contracts
respectively

Member States which have notified implementing measures: DK, IRL,
I, NL, FIN, S

98/0547, LET — sent: 18.12.1998
98/0553, LET — sent: 18.12.1998
98/0585, LET — sent: 18.12.1998
98/0587, LET — sent: 18.12.1998
98/0530, LET — sent: 18.12.1998
98/0572, LET — sent: 18.12.1998
98/0561, LET — sent: 18.12.1998
98/0539, LET — sent: 18.12.1998
98/0601, LET — sent: 18.12.1998
98/0592, LET — sent: 18.12.1998
98/0566, LET — sent: 18.12.1998

Belgium
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Austria
Portugal
United Kingdom

Banks

9 5 / 0 0 2 6

European Parliament and Council Directive 95/26/EC of 29 June
1995 amending Directives 77/780/EEC and 89/646/EEC in the field
of credit institutions, Directives 73/239/EEC and 92/49/EEC in the
field of non-life insurance, Directives 79/267/EEC and 92/96/EEC in
the field of
life assurance, Directive 93/22/EEC in the field of
investment firms and Directive 85/611/EEC in the field of undertak-
ings for collective investment in transferable securities (Ucits), with a
view to reinforcing prudential supervision

Member States which have notified implementing measures: B, DK,
D, EL, E, NL, A, P, FIN, S, UK

Belgium
Germany
Spain
France
Ireland
Italy
Luxembourg

96/0862, RO — sent: 29.7.1998
96/0890, RO: 26.6.1997
96/0941, REF: 2.12.1998
96/0958, REF: 2.12.1998
96/0980, RO — sent: 17.12.1998
96/0999, RO — sent: 17.12.1998
96/1015, REF: 2.12.1998

9 1 / 0 3 7 1

Council Directive 91/371/EEC of 20 June 1991 on the implemen-
tation of the Agreement between the European Economic Community
and the Swiss Confederation concerning direct insurance other than
life assurance

Member States which have notified implementing measures: All

Spain

93/0917, REF — Judgment: 18.12.1997

9 2 / 0 0 4 9

Council Directive 92/49/EEC of 18 June 1992 on the coordination of
laws, regulations and administrative provisions relating to direct
insurance other
than life assurance and amending Directives
73/239/EEC and 88/357/EEC (third non-life insurance Directive)

Member States which have notified implementing measures: All
except E

Spain

94/0140, REF — Judgment: 18.12.1997

9 2 / 0 0 9 6

Council Directive 92/96/EEC of 10 November 1992 on the coordi-
nation of laws, regulations and administrative provisions relating to
life assurance and amending Directives 79/267/EEC and
direct
90/619/EEC (third life assurance Directive)

Member States which have notified implementing measures: All

Spain

94/0145, REF — Stay of
26.6.1997

execution:

9 5 / 0 0 2 6 (see Banks)

Stock exchanges and securities

9 3 / 0 0 2 2

Council Directive 93/22/EEC of 10 May 1993 on investment services
in the securities field

Member States which have notified implementing measures: All
except L

Spain
Luxembourg

95/0475, REF — sent: 23.1.1998
95/0566, REF — sent: 9.12.1997

9 5 / 0 0 2 6 (see Banks)

9 7 / 0 0 0 9

Directive 97/9/EC of the European Parliament and of the Council of
3 March 1997 on investor-compensation schemes

7.12.1999

EN

Official Journal of the European Communities

C 354/155

Member States which have notified implementing measures: DK, D,
EL, E, IRL, I, NL, FIN, UK

7 8 / 0 6 8 7

Belgium
France
Luxembourg
Austria
Portugal
Sweden

98/0546, LET — sent: 18.12.1998
98/0529, LET — sent: 18.12.1998
98/0536, LET — sent: 18.12.1998
98/0600, LET — sent: 18.12.1998
98/0591, LET — sent: 18.12.1998
98/0608, LET — sent: 18.12.1998

Financial information and company law

9 0 / 0 6 0 5

Council Directive 78/687/EEC of 25 July 1978 concerning the
coordination of provisions laid down by Law, Regulation or Adminis-
trative Action in respect of the activities of dental practitioners

Member States which have notified implementing measures: All
except A

8 9 / 0 0 4 8

Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded on
completion of professional education and training of at least three
years’ duration

Council Directive 90/605/EEC of 8 November 1990 amending Direc-
tive 78/660/EEC on annual accounts and Directive 83/349/EEC on
consolidated accounts as regards the scope of those Directives

Member States which have notified implementing measures: All
except EL

Greece

91/0668, 2nd REF — sent: 20.5.1998

Member States which have notified implementing measures: All
except D

9 7 / 0 0 3 8

Germany

93/0108, REF — sent: 28.7.1997

9 2 / 0 1 0 1

Council Directive 92/101/EEC of 23 November 1992 amending
Directive 77/91/EEC on the formation of public limited-liability
companies and the maintenance and alteration of their capital

Member States which have notified implementing measures: all except
EL

Greece

94/0427, REF: 26.6.1997

Articles 30 to 36 of the EC Treaty and safeguard clauses

9 6 / 0 1 0 0

Directive 96/100/EC of the European Parliament and of the Council
of 17 February 1997 amending the Annex to Directive 93/7/EEC on
the return of cultural objects unlawfully removed from the territory
of a Member State

Member States which have notified implementing measures: All
except F, A

France
Austria

97/0624, RO: 24.6.1998
97/0693, RO: 24.6.1998

Regulated professions (qualifications)

7 8 / 0 6 8 6

Council Directive 78/686/EEC of 25 July 1978 concerning the mutual
recognition of diplomas, certificates and other evidence of the formal
including measures to
qualifications of practitioners of dentistry,
facilitate the effective exercise of the right of establishment and
freedom to provide services

Member States which have notified implementing measures: All
except A

Commission Directive 97/38/EC of 20 June 1997 amending Annex
C to Council Directive 92/51/EEC on a second general system for the
recognition of professional education and training to supplement
Council Directive 89/48/EEC

Member States which have notified implementing measures: All
except EL, P

Greece
Portugal

9 8 / 0 0 2 1

97/0600, RO — sent: 31.8.1998
97/0714, RO — sent: 30.12.1998

Commission Directive 98/21/EC of 8 April 1998 amending Council
Directive 93/16/EEC to facilitate the free movement of doctors and
the mutual recognition of their diplomas, certificates and other
evidence of formal qualifications

Member States which have notified implementing measures: F, L

Free access to information. Data protection

9 5 / 0 0 4 6

Directive 95/46/EC of the European Parliament and of the Council of
24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data

Member States which have notified implementing measures: EL, P, S

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

98/0545, LET — sent: 18.12.1998
98/0576, LET — sent: 18.12.1998
98/0552, LET — sent: 18.12.1998
98/0586, LET — sent: 18.12.1998
98/0528, LET — sent: 18.12.1998
98/0571, LET — sent: 18.12.1998
98/0558, LET — sent: 18.12.1998
98/0535, LET — sent: 18.12.1998
98/0548, LET — sent: 18.12.1998
98/0599, LET — sent: 18.12.1998
98/0611, LET — sent: 18.12.1998
98/0565, LET — sent: 18.12.1998

C 354/156

EN

Official Journal of the European Communities

7.12.1999

Copyright and related rights

Member States which have notified implementing measures: E, A

9 2 / 0 1 0 0

9 8 / 0 0 7 5

Council Directive 92/100/EEC of 19 November 1992 on rental right
and lending right and on certain rights related to copyright in the
field of intellectual property

Member States which have notified implementing measures: All
except IRL

Ireland

94/0855, REF — sent: 9.6.1998

9 3 / 0 0 8 3

Council Directive 93/83/EEC of 27 September 1993 on the coordi-
nation of certain rules concerning copyright and rights related to
copyright applicable to satellite broadcasting and cable retransmission

Member States which have notified implementing measures: All
except IRL

Commission Directive 98/75/EC of 1 October 1998 updating the list
of entities covered by Directive 90/547/EEC on the transit of
electricity through transmission grids

Member States which have notified implementing measures: none

Gas

9 8 / 0 0 3 0

Directive 98/30/EC of the European Parliament and of the Council of
22 June 1998 concerning common rules for the internal market in
natural gas

Ireland

95/0114, REF — sent: 9.6.1998

Member States which have notified implementing measures: none

9 6 / 0 0 0 9

Directive 96/9/EC of the European Parliament and of the Council of
11 March 1996 on the legal protection of databases

Member States which have notified implementing measures: B, DK,
D, E, F, A, FIN, S, UK

Belgium
Greece
Ireland
Italy
Luxembourg
Netherlands
Portugal

98/0001, RO — stay of execution: 2.12.98
98/0019, RO — sent: 23.11.1998
98/0043, RO — sent: 2.10.1998
98/0051, RO — sent: 22.10.1998
98/0058, RO — sent: 30.9.1998
98/0065, RO — sent: 14.10.1998
98/0074, RO — sent: 2.10.1998

INDIRECT TAXATION

Vat

9 6 / 0 0 4 2

Renewable energy and energy efficiency

9 6 / 0 0 5 7

Directive 96/57/EC of the European Parliament and of the Council of
3 September 1996 on energy efficiency requirements for household
electric refrigerators, freezers and combinations thereof

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, L, NL, A, P, FIN, S, UK

97/0542, RO — sent: 23.11.1998
97/0651, RO — sent: 23.11.1998

Belgium
Italy

9 6 / 0 0 6 0

Commission Directive
1996
implementing Council Directive 92/75/EEC with regard to energy
labelling of household combined washer-driers

19 September

96/60/EC

of

Council Directive 96/42/EC of 25 June 1996 amending Directive
77/388/EEC on the common system of value added tax

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: All
except EL

9 6 / 0 0 8 9

Greece

96/0933, RO — sent: 3.12.1997, REF:
24.6.1998

ENERGY

Electricity

9 6 / 0 0 9 2

Commission Directive 96/89/EC of 17 December 1996 amending
Directive 95/12/EC implementing Council Directive 92/75/EEC with
regard to energy labelling of household washing machines

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, NL, A, FIN, S, UK

9 7 / 0 0 1 7

Directive 96/92/EC of the European Parliament and of the Council of
19 December 1996 concerning common rules for the internal market
in electricity

Commission Directive 97/17/EC of 16 April 1997 implementing
Council Directive 92/75/EEC with regard to energy labelling of
household dishwashers

7.12.1999

EN

Official Journal of the European Communities

C 354/157

Member States which have notified implementing measures: EL, E, F,
IRL, L, NL

9 8 / 0 0 1 1

Commission Directive 98/11/EC of 27 January 1998 implementing
Council Directive 92/75/EEC with regard to energy labelling of
household lamps

Member States which have notified implementing measures: none

CONSUMER PROTECTION AND PUBLIC HEALTH

97/0323, REF — sent: 11.8.1998
97/0369, REF — sent: 14.9.1998
97/0382, REF — sent: 18.8.1998

Spain
Italy
Luxembourg

95/0058

Directive 95/58/EC of the European Parliament and of the Council of
29 November 1995 amending Directive 79/581/EEC on consumer
protection in the indication of the prices of foodstuffs and Directive
88/314/EEC on consumer protection in the indication of the prices
of non-food products

Member States which have notified implementing measures: none

9 4 / 0 0 4 7

Directive 94/47/EC of the European Parliament and the Council of
26 October 1994 on the protection of purchasers in respect of certain
aspects of contracts relating to the purchase of the right to use
immovable properties on a timeshare basis

STATISTICS

9 7 / 0 0 7 7

Member States which have notified implementing measures: DK, D,
F, IRL, NL, A, P, FIN, S, UK

Council Directive 97/77/EC of 16 December 1997 amending Direc-
tives 93/23/EEC, 93/24/EEC and 93/25/EEC on the statistical surveys
to be carried out on pig, bovine animal and sheep and goat production

Belgium
Greece

97/0260, REF — sent: 18.8.1998
97/0305, REF — sent: 10.11.1998

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, NL, A, P, FIN, UK

SUMMARY TABLE ON THE STATE OF THE COMMUNICATIONS OF THE NATIONAL MEASURES OF IMPLEMENTATION OF THE DIRECTIVES

Progress in notification of national measures implementing directives (situation on 31 December 1998)

Chap-
ter

Sector

Sub-sector

Free movement
of persons
and Union
citizenship

Entry and residence

Right to vote and stand for
election

Regulated professions

Commercial agents

t
e
k
r
a
m

l
a
n
r
e
t
n
I

Food

Pharmaceuticals

Chemicals

Motor vehicles

Construction products

Free
movement
of goods

Capital goods

Cosmetics

Textiles and shoes

Product liability

Special arrangements —
freedom of movement

Customs union

Free
movement
of services

Financial services

Business
environ-
ment

Company law

Intellectual and industrial
property

Data protection

Public procurement

Direct taxation

VAT

Other indirect taxes

Competition

Social affairs

Energy

Directives
applicable
on
31.12.1998

9

3

65

1

89

32

59

Directives applicable on 31 December 1998 (by MS)

Directives for which implementing measures notified

Percentage

B

9

2

DK

D

EL

8

2

9

2

8

2

E

8

2

F

9

2

IRL

9

2

I

9

2

L

9

2

NL

A

9

2

9

3

P

8

2

FIN

9

3

S

9

3

UK

9

2

B

9

1

DK

D

EL

8

2

9

2

8

2

E

8

2

F

9

2

IRL

9

2

I

9

2

L

9

2

NL

A

9

2

9

3

P

8

2

FIN

9

3

S

9

3

UK

B DK D EL

E

F

IRL

I

L

NL A

P

FIN S

UK

9

2

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

50 100 100 100 100 100 100 100 100 100 100 100 100 100 100

65

65

65

65

65

65

65

65

65

65

65

65

65

65

65

64

64

64

62

65

65

64

64

65

64

62

63

64

64

64 98,5 98,5 98,5 95,4 100 100 98,5 98,5 100 98,5 95,4 96,9 98,5 98,5 98,5

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

89

32

59

1

84

30

52

1

86

32

53

1

89

32

50

1

83

32

50

1

85

32

53

1

85

30

50

1

88

32

52

1

86

32

46

1

84

32

48

1

81

32

53

1

85

32

47

1

89

32

50

1

79

32

54

1

87

32

51

1

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

88 94,4 96,6 100 93,3 95,5 95,5 98,9 96,6 94,4 91 95,5 100 88,8 97,8 98,9

32 93,8 100 100 100 100 93,8 100 100 100 100 100 100 100 100 100

52 88,1 89,8 84,7 84,7 89,8 84,7 88,1 78 81,4 89,8 79,7 84,7 91,5 86,4 88,1

206

206 206 206 206 206 206 206 206 206 206 206 206 206 206 206 203 205 202 202 204 203 204 204 204 201 202 201 204 202 202 98,5 99,5 98,1 98,1 99 98,5 99

99

99 97,6 98,1 97,6 99 98,1 98,1

1

90

37

5

1

3

4

54

14

7

1

10

4

26

24

8

55

24

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

90

37

5

1

3

4

1

88

36

4

1

3

4

1

90

37

5

1

3

4

1

90

36

5

1

3

4

1

89

37

5

1

3

4

1

90

37

5

1

3

4

1

89

31

5

1

2

4

1

88

37

5

1

3

4

1

89

35

4

1

3

4

1

88

33

3

1

3

4

1

90

37

5

1

3

4

1

89

33

5

1

2

4

1

89

33

5

1

3

4

1

90

37

5

1

3

4

1

90

36

5

1

3

4

1

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

90 97,8 100 100 98,9 100 98,9 97,8 98,9 97,8 100 98,9 98,9 100 100 100

36 97,3 100 97,3 100 100 83,8 100 94,6 89,2 100 89,2 89,2 100 97,3 97,3

5

1

3

4

80 100 100 100 100 100 100 80

60 100 100 100 100 100 100

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

100 100 100 100 100 66,7 100 100 100 100 66,7 100 100 100 100

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

50

51

49

50

51

49

49

49

50

50

51

50

51

50

49

50

51

49

50

51

47

48

48

47

50

50

49

51

49

49 100 100 100 100 100 95,9 98

98

94 100 98

98 100 98 100

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

12

12

13

13

13

13

13

13

13

13

13

13

13 100 100 92,3 92,3 100 100 100 100 100 100 100 100 100 100 100

7

1

9

4

26

23

8

55

23

7

1

9

4

26

23

8

55

23

7

1

9

4

26

24

8

55

24

7

1

9

4

26

23

8

55

23

7

1

9

4

26

23

8

55

23

7

1

9

4

26

23

8

55

23

7

1

9

4

26

23

8

55

23

7

1

9

4

26

23

8

55

23

7

1

9

4

26

23

8

55

22

7

1

9

4

26

23

8

55

23

7

1

9

4

26

24

8

55

23

7

1

9

4

26

23

8

55

23

7

1

9

4

26

23

8

55

21

7

1

9

4

26

23

8

55

23

7

1

9

4

26

23

8

53

23

7

0

8

4

26

23

8

51

16

7

0

9

4

26

23

8

55

20

7

0

8

4

26

24

8

51

20

6

1

6

4

25

23

8

48

21

7

0

6

4

26

23

8

55

21

7

0

8

4

26

23

8

52

20

4

0

8

4

26

23

8

52

21

6

0

9

4

26

23

8

46

18

6

0

8

4

26

23

7

44

20

6

0

9

4

26

23

8

54

20

7

0

8

4

26

24

8

51

21

6

1

6

4

26

23

6

52

20

7

0

9

4

26

23

8

55

18

7

1

9

4

26

23

8

55

20

7

0

8

4

100 100 100 85,7 100 100 57,1 85,7 85,7 85,7 100 85,7 100 100 100

0

0

0

100

0

0

0

0

0

0

0

100

0

100

0

88,9 100 88,9 66,7 66,7 88,9 88,9 100 88,9 100 88,9 66,7 100 100 88,9

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

26 100 100 100 96,2 100 100 100 100 100 100 100 100 100 100 100

23 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

8

100 100 100 100 100 100 100 100 87,5 100 100 75 100 100 100

53 92,7 100 92,7 87,3 100 94,5 94,5 83,6 80 98,2 92,7 94,5 100 100 100

20 69,6 87 83,3 91,3 91,3 87 91,3 78,3 90,9 87 91,3 87 85,7 87

87

C
3
5
4
/
1
5
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

.

.

7
1
2
1
9
9
9

Chap-
ter

Sector

Sub-sector

Transport

Telecommunications

TV without Frontiers

Freedom of access to information

Environemental impact assessment

Air

Water

Nature

Noise

Chemicals and biotechnology

Waste

Environment and industry

Radiation protection

Veterinary matters

Plant health

Seeds and plants

Feedingstuffs

Forestry

t
n
e
m
n
o
r
i
v
n
E

e
r
u
t
l
u
c
i
r
g
A

Consumers

Statistics

Direc-
tives
appli-
cable on
31.12.1998

Directives applicable on 31 December 1998 by MS

Directives for which implementing measures notified

Percentage

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

54

15

2

1

1

15

22

12

24

42

16

6

6

53

15

2

1

1

15

22

12

24

42

16

6

6

47

15

2

1

1

15

22

12

24

42

16

6

6

52

15

2

1

1

15

22

12

24

42

16

6

6

47

15

2

1

1

16

24

13

24

42

16

6

6

47

15

2

1

1

17

22

13

24

42

17

6

6

53

15

2

1

1

15

22

12

24

42

16

6

6

47

15

2

1

1

15

22

12

24

42

16

6

6

52

15

2

1

1

15

22

12

24

42

16

6

6

52

15

2

1

1

15

22

12

24

42

16

6

6

53

15

2

1

1

15

22

12

24

42

16

6

6

53

15

2

1

1

15

22

12

24

42

16

6

6

52

15

2

1

1

17

22

13

24

42

17

6

6

48

15

2

1

1

15

22

12

24

42

16

6

6

48

15

2

1

1

15

22

12

24

42

16

6

6

52

15

2

1

1

15

22

12

24

42

16

6

6

43

12

1

1

1

14

22

12

23

36

13

6

6

44

13

2

1

1

15

21

12

24

42

15

6

6

45

15

1

1

1

14

20

12

24

41

15

6

6

32

7

1

1

1

14

23

12

24

40

13

6

6

40

15

1

1

1

15

22

13

24

42

16

6

6

44

11

1

1

1

14

21

11

24

42

15

6

6

30

12

1

1

1

13

21

12

24

42

16

6

6

35

11

1

1

1

13

20

12

24

42

14

6

6

38

14

1

1

1

14

22

12

24

41

16

6

6

44

10

1

1

1

15

22

12

24

42

16

6

6

43

13

1

1

1

14

20

12

24

42

15

6

6

39

11

2

1

1

15

21

13

24

39

15

6

6

44

13

2

1

1

15

22

12

24

42

16

6

6

43

42 81,1 93,6 86,5 68,1 85,1 83 63,8 67,3 73,1 83 81,1 75 91,7 89,6 80,8

9

1

1

1

14

21

12

24

42

16

6

5

13

80 86,7 100 46,7 100 73,3 80 73,3 93,3 66,7 86,7 73,3 86,7 60 86,7

1

1

1

50 100 50

50

50

50

50

50

50

50

50 100 100 50

50

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

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

13 93,3 100 93,3 87,5 88,2 93,3 86,7 86,7 93,3 100 93,3 88,2 100 93,3 86,7

21 100 95,5 90,9 95,8 100 95,5 95,5 90,9 100 100 90,9 95,5 100 95,5 95,5

12 100 100 100 92,3 100 91,7 100 100 100 100 100 100 100 100 100

24 95,8 100 100 100 100 100 100 100 100 100 100 100 100 100 100

41 85,7 100 97,6 95,2 100 100 100 100 97,6 100 100 92,9 100 100 97,6

13 81,3 93,8 93,8 81,3 94,1 93,8 100 87,5 100 100 93,8 88,2 100 100 81,3

6

6

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

100 100 100 100 100 100 100 100 100 100 100 100 100 83,3 100

140

140 140 140 140 140 140 140 140 140 140 140 140 140 140 140 136 138 135 135 136 130 132 128 137 135 134 136 138 137 135 97,1 98,6 96,4 96,4 97,1 92,9 94,3 91,4 97,9 96,4 95,7 97,1 98,6 97,9 96,4

82

77

94

5

12

12

82

77

94

5

12

11

82

77

94

5

12

11

82

77

94

5

12

11

82

77

94

5

12

11

82

77

94

5

12

12

82

77

94

5

12

11

82

77

94

5

12

11

82

77

94

5

12

11

82

77

94

5

12

11

82

77

94

5

12

11

82

77

94

5

12

10

82

77

94

5

12

12

82

77

94

5

12

10

82

77

94

5

12

10

82

77

94

5

12

11

80

77

85

5

11

11

81

77

93

5

12

11

81

77

91

5

12

11

79

77

84

5

11

11

81

77

91

5

11

12

81

77

78

5

12

11

81

77

86

5

12

11

80

77

84

5

11

11

78

77

81

5

11

11

81

77

91

5

12

12

78

77

86

5

12

10

78

77

85

5

12

12

81

77

82

5

12

11

81

77

90

5

12

10

80 97,6 98,8 98,8 96,3 98,8 98,8 98,8 97,6 95,1 98,8 95,1 95,1 98,8 98,8 97,6

77 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

86 90,4 98,9 96,8 89,4 96,8 83 91,5 89,4 86,2 96,8 91,5 90,4 87,2 95,7 91,5

5

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

12 91,7 100 100 91,7 91,7 100 100 91,7 91,7 100 100 100 100 100 100

12 100 100 100 100 100 100 100 100 100 109 100 100 110 100 109

Total

1470

1459 1453 1459 1456 1458 1458 1452 1457 1457 1459 1461 1462 1453 1454 1455 1382 1427 1411 1366 1420 1377 1387 1364 1372 1410 1388 1386 1411 1411 1402 94,7 98,2 96,7 93,8 97,4 94,4 95,5 93,6 94,2 96,6 95 94,8 97,1 97 96,4

.

.

7
1
2
1
9
9
9

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
3
5
4
/
1
5
9

C 354/160

EN

Official Journal of the European Communities

7.12.1999

PART 2: NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

NB 1: In this part, dates are given in year/month/day format. Abbreviations are the same as for Part 1.

NB 2: The items of information for each sector and subsector in this part of the annex are set out in descending

columns read from left to right; a single infringement case is sometimes spread over two columns.

INDUSTRY

Pressure vessels, medical instruments and metrology

3 7 6 L 0 8 9 1

3 8 9 L 0 3 9 2

RO-SENT: 1998.10.21

3 9 2 L 0 0 4 2

GERMANY
INFR. No: 95/4025
RO-SENT: 1998.11.13

3 8 9 L 0 6 8 6

GERMANY
INFR. No: 97/4213

FRANCE
INFR. No: 97/2168
LET-SENT: 1998.9.29

3 9 0 L 0 3 8 5

SPAIN
INFR. No: 93/2291
LET-SENT: 1996.3.25

GERMANY
INFR. No: 95/4082
LET-SENT: 1997.6.19

3 9 3 L 0 0 4 2

ITALY
INFR. No: 97/4813
LET-SENT: 1998.9.24

3 8 9 L 0 1 0 5

AUSTRIA
INFR. No: 98/4052
LET: 1998.3.25

PORTUGAL
INFR. No: 96/4419
LET-SENT: 1997.8.27

AUSTRIA
INFR. No: 97/2210
LET-SENT: 1998.12.30

PORTUGAL
INFR. No: 98/2166
LET-SENT: 1998.12.16

Pharmacy

3 6 5 L 0 0 6 5

GERMANY
INFR. No: 97/2076
RO: 1998.10.7

COMPETITION

Telecommunications and postal services

3 9 4 L 0 0 4 6

3 9 6 L 0 0 1 9

GREECE
INFR. No: 98/2130
LET-SENT: 1998.5.15

3 9 6 L 0 0 0 2

GREECE
INFR. No: 97/2221 (2)
RO-SENT: 1998.12.22

BELGIUM
INFR. No: 97/2217
LET-SENT: 1997.12.2

ITALY
INFR. No: 98/2241
LET-SENT: 1998.8.24

LUXEMBOURG
INFR. No: 98/2076
LET-SENT: 1998.5.27

SPAIN
INFR. No: 97/2108
LET-SENT: 1997.7.3

PORTUGAL
INFR. No: 98/2072
LET-SENT: 1998.5.27

3 9 6 L 0 0 1 9

BELGIUM
INFR. No: 98/2071
LET-SENT: 1998.8.24

SPAIN
INFR. No: 98/2153

LET-SENT: 1998.5.18

FRANCE
INFR. No: 98/2077
LET-SENT: 1998.7.24

SPAIN
INFR. No: 98/2240
LET-SENT: 1998.12.11

GREECE
INFR. No: 97/2221 (1)
RO-SENT: 1998.12.21

7.12.1999

EN

Official Journal of the European Communities

C 354/161

EMPLOYMENT AND SOCIAL AFFAIRS

3 7 6 L 0 2 0 7

3 8 9 L 0 3 9 1

LET-SENT: 1997.2.13

3 9 0 L 0 2 6 9

FRANCE
INFR. No: 90/2109
RO2-SENT: 1998.7.29

ITALY
INFR. No: 90/2226
LET2-SENT: 1998.7.24

3 7 7 L 0 1 8 7

ITALY
INFR. No: 90/2144
LET-SENT: 1997.7.16

UNITED KINGDOM
INFR. No: 89/0537
LET2-SENT: 1996.12.4

3 8 0 L 0 9 8 7

GREECE
INFR. No: 86/0116
RO2-SENT: 1998.5.29

BELGIUM
INFR. No: 98/2015
LET-SENT: 1998.4.22

DENMARK
INFR. No: 95/2134
LET-SENT: 1997.6.19

GERMANY
INFR. No: 97/2193
RO-SENT: 1998.10.19

FRANCE
INFR. No: 95/2135
LET-SENT: 1997.3.4

IRELAND
INFR. No: 95/2136
LET-SENT: 1997.9.29

ITALY
INFR. No: 95/2137
RO-SENT: 1998.10.19

LUXEMBOURG
INFR. No: 95/2138

NETHERLANDS

INFR. No: 95/2139
RO-SENT: 1998.12.30

AUSTRIA
INFR. No: 97/2149
LET-SENT: 1998.1.12

PORTUGAL
INFR. No: 95/2140
LET-SENT: 1997.6.18

FINLAND
INFR. No: 97/2173
LET-SENT: 1998.4.15

SWEDEN

INFR. No: 98/2182
LET-SENT: 1998.8.6

UNITED KINGDOM

INFR. No: 95/2141
SLET-SENT: 1998.1.26

SWEDEN
INFR. No: 98/2252
LET-SENT: 1998.12.30

3 9 0 L 2 7 0

ITALY
INFR. No: 98/2224
LET-SENT: 1998.8.10

3 9 2 L 0 0 8 5

SPAIN
INFR. No: 98/2352
LET-SENT: 1998.12.11

FINLAND
INFR. No: 98/2353
LET-SENT: 1998.12.18

FRANCE
INFR. No: 98/2354
LET-SENT: 1998.12.11

IRELAND
INFR. No: 98/2356
LET-SENT: 1998.12.18

SWEDEN

INFR. No: 98/2359
LET-SENT: 1998.12.30

3 9 8 L 0 0 5 9

UNITED KINGDOM
INFR. No: 89/0536
LET2-SENT: 1996.12.4

IRELAND
INFR. No: 98/2018
LET-SENT: 1998.5.18

GREECE
INFR. No: 98/2327
LET-SENT: 1998.12.16

TRANSPORT

Inland transport, goods

3 9 2 L 1 0 6

FINLAND
INFR. No: 97/2145
LET-SENT: 1998.10.16

Inland transport, passengers

3 9 3 L 0 0 8 9

BELGIUM
INFR. No: 97/2049
LET-SENT: 1998.2.12

3 9 6 L 0 0 2 6

FINLAND
INFR. No: 98/2269
LET-SENT: 1998.10.29

3 9 1 L 0 4 4 0

SPAIN
INFR. No: 95/2243
RO-SENT: 1997.5.21

FRANCE
INFR. No: 95/2247
RO-SENT: 1998.1.22

LUXEMBOURG
INFR. No: 95/2244

RO-SENT: 1997.11.24

3 9 5 L 0 0 1 9

UNITED KINGDOM
INFR. No: 95/2248
RO-SENT: 1998.1.22

PORTUGAL
INFR. No: 98/2168
LET-SENT: 1998.10.16

Inland transport, safety and technology

3 9 1 L 4 3 9

GERMANY
INFR. No: 97/2027
LET-SENT: 1997.6.10

GREECE
INFR. No: 96/2214
SLET-SENT: 1998.8.21

FRANCE
INFR. No: 96/2216
RO-SENT: 1998.4.22

ITALY
INFR. No: 96/2219
RO-SENT: 1998.12.18

LUXEMBOURG
INFR. No: 96/2213

LET-SENT: 1997.6.23

NETHERLANDS
INFR. No: 96/2220
RO-SENT: 1998.12.7

AUSTRIA
INFR. No: 97/2028
SLET-SENT: 1998.12.30

SWEDEN
INFR. No: 96/2222
RO-SENT: 1998.1.22

3 9 4 L 0 0 5 5

GERMANY
INFR. No: 98/2079
LET-SENT: 1998.11.6

C 354/162

EN

Official Journal of the European Communities

7.12.1999

Air transport, safety and social aspects

3 9 1 L 6 7 0

FRANCE
INFR. No: 97/2143
LET-SENT: 1998.3.5

Sea transport, safety and technical aspects

3 9 3 L 0 0 7 5

BELGIUM
INFR. No: 95/2219
RO-SENT: 1998.3.4

GERMANY
INFR. No: 95/2218
RO-SENT: 1997.10.7

FRANCE
INFR. No: 95/2216

SLET-SENT: 1998.5.18

3 9 4 L 0 0 5 7

UNITED KINGDOM
INFR. No: 96/2170
RO-SENT: 1997.9.29

GERMANY
INFR. No: 97/2023
RO-SENT: 1998.2.24

SPAIN
INFR. No: 96/2211
RO-SENT: 1998.3.4

Sea transport, ports and social aspects

3 9 4 L 0 0 5 8

BELGIUM
INFR. No: 96/2049
RO-SENT: 1998.4.6

TELEVISION WITHOUT FRONTIERS

INFR. No: 92/2164
REF: 1998.6.24

LUXEMBOURG
INFR. No: 92/2162
LET-SENT: 1992.11.3

ITALY
INFR. No: 94/4750
REF
STAY OF
1998.6.24

FINLAND
INFR. No: 96/2209
SLET-SENT 1999.10.28

PROCEEDINGS:

GREECE
INFR. No: 95/4452
RO STAY OF EXECUTION: 1998.12.2

3 8 9 L 0 5 5 2

BELGIUM
INFR. No: 92/2159
RO-171: 1998.12.16

FRANCE

ENVIRONMENT

Freedom of access to information

3 9 0 L 0 3 1 3

BELGIUM
INFR. No: 93/4372
RO-SENT: 1998.10.30

GERMANY

INFR. No: 94/2196
REF: 1997.6.9

SPAIN
INFR. No: 95/4678
RO-SENT: 1997.9.1

SPAIN
INFR. No: 93/2197
RO-SENT: 1997.9.3

FRANCE
INFR. No: 93/2058

RO SUSPENSION LIFTED: 1998.12.2
PORTUGAL
INFR. No: 94/4682
RO-SENT: 1998.7.6

Environmental impact assessment

3 8 5 L 0 3 3 7

GERMANY
INFR. No: 93/2003
RO-SENT: 1998.7.6
GERMANY
INFR. No: 90/4710

JUDGMENT REF: 1998.10.22

SPAIN
INFR. No: 90/0129
SRO-SENT: 1998.12.18

IRELAND

INFR. No: 89/0425
REF: 1996.12.5

ITALY
INFR. No: 91/0794
SRO-SENT: 1998.9.29

PORTUGAL
INFR. No: 91/2168
REF: 1997.4.17

UNITED KINGDOM
INFR. No: 92/5033
RO-SENT: 1998.8.10

7.12.1999

EN

Official Journal of the European Communities

C 354/163

Water

3 7 5 L 0 4 4 0

RO-SENT: 1997.6.12

3 8 0 L 0 0 6 8

LET2-SENT: 1998.12.11

3 7 8 L 0 6 5 9

ITALY
INFR. No: 90/0211
LET2-SENT: 1997.7.3

UNITED KINGDOM
INFR. No: 92/2362
RO-SENT: 1997.7.1

3 7 9 L 0 8 6 9

PORTUGAL
INFR. No: 93/2035
REF: 1997.6.24

UNITED KINGDOM
INFR. No: 89/4571
RO-SENT: 1996.3.8

IRELAND
INFR. No: 89/0163
REF: 1998.9.7

PORTUGAL
INFR. No: 93/2112
REF: 1997.5.12

PORTUGAL
INFR. No: 93/2191
RO-SENT: 1998.7.6

UNITED KINGDOM
INFR. No: 91/0772
REF: 1996.10.15

3 8 6 L 0 2 8 0

PORTUGAL
INFR. No: 92/2358

3 9 1 L 0 2 7 1

GREECE
INFR. No: 97/2036
RO-SENT: 1998.12.17

3 9 1 L 0 6 7 6

BELGIUM
INFR. No: 94/2239
RO-SENT: 1998.11.23

GERMANY
INFR. No: 94/2237
RO-SENT: 1998.9.29

GREECE
INFR. No: 96/2201
RO-SENT: 1998.12.17

FRANCE
INFR. No: 96/2231
RO-SENT: 1998.4.28

ITALY
INFR. No: 96/2232
RO-SENT: 1998.2.19

ITALY
INFR. No: 94/2245
REF: 1997.5.20

PORTUGAL
INFR. No: 97/2247
RO-SENT: 1998.11.12

UNITED KINGDOM
INFR. No: 96/2106
RO-SENT: 1998.6.9

FRANCE
INFR. No: 84/0121
REF2: 98/10/16
INFR. No: 94/4084
RO-SENT: 1998.8.5

INFR. No: 94/4794
RO-SENT: 1998.8.5

ITALY
INFR. No: 92/4279
SRO-SENT: 1998.6.18

IRELAND
INFR. No: 91/2216
SRO-SENT: 1998.12.17

LUXEMBOURG
INFR. No: 93/2190

SRO-SENT: 1998.6.9

3 9 0 L 0 2 1 9

BELGIUM
INFR. No: 93/2120
REF: 1997.10.1

PORTUGAL
INFR. No: 97/2128
RO-SENT: 1998.7.15

PORTUGAL
INFR. No: 93/2179
RO-SENT: 1997.9.23

3 8 7 L 0 1 0 1

PORTUGAL
INFR. No: 93/2115
REF: 1998.12.2

3 9 4 L 0 0 6 2

DENMARK
INFR. No: 96/4515
RO-SENT: 1998.11.6

3 7 6 L 0 4 6 4

3 8 4 L 0 3 6 0

3 8 7 L 0 2 1 7

3 8 9 L 0 3 6 9

3 8 9 L 0 4 2 9

BELGIUM
INFR. No: 97/4357
RO-SENT: 1998.12.18

PORTUGAL
INFR. No: 92/2183
RO-SENT: 1998.6.30

BELGIUM
INFR. No: 97/2166
RO-SENT: 1998.10.15

BELGIUM
INFR. No: 93/2121
RO-SENT: 1998.4.24

BELGIUM
INFR. No: 93/2122
RO-SENT: 1998.4.24

ITALY
INFR. No: 89/0206
SRO-SENT: 1998.12.2

3 7 6 L 0 1 6 0

DENMARK
INFR. No: 98/2195
RO-SENT: 1998.12.11

FINLAND
INFR. No: 98/2197
RO-SENT: 1998.12.11

3 7 6 L 0 4 6 4

IRELAND
INFR. No: 90/5220

Nature

3 7 9 L 0 4 0 9

BELGIUM
INFR. No: 93/2123
RO-SENT: 1996.12.27

Chemicals and Biotechnology

3 8 6 L 0 6 0 9

BELGIUM
INFR. No: 93/2218
REF: 1997.7.22

FRANCE
INFR. No: 98/2031
RO-SENT: 1998.12.18

Waste

3 7 5 L 0 4 4 2

GERMANY
INFR. No: 90/0038
LET2-SENT: 1998.3.19

Environment and Industry

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Radiation protection

3 8 4 L 0 4 6 6

SPAIN
INFR. No: 91/0723
REF: 1996.1.24

TELECOMMUNICATIONS

3 9 2 L 0 0 4 4

PORTUGAL
INFR. No: 95/2307
LET: 1998.12.16

3 9 5 L 0 0 6 2

GERMANY
INFR. No: 97/2218
LET-SENT: 1997.11.21

PORTUGAL
INFR. No: 97/2220

3 8 4 L 0 4 6 7

LUXEMBOURG
INFR. No: 88/0487
REF: 1997.12.10

NETHERLANDS
INFR. No: 88/0488
REF: 1993.12.14

RO: 1998.12.2

3 9 7 L 0 0 1 3

BELGIUM
INFR. No: 98/2119
RO: 1998.12.16

SPAIN
INFR. No: 98/2379
LET: 1998.12.16

FRANCE
INFR. No: 98/2121

INTERNAL MARKET AND FINANCIAL SERVICES

Free movement of persons and citizens’ rights

3 6 8 L 0 3 6 0 A N D 3 7 3 L 0 1 4 8

3 9 3 L 0 0 9 6

3 8 9 L 0 6 1 8

GERMANY
INFR. No: 93/2276
REF: 1997.12.10

SPAIN
INFR. No: 95/2041
RO: 1998.12.9

RO: 1998.12.16

ITALY
INFR. No: 98/2075
RO: 1998.12.16

LUXEMBOURG
INFR. No: 98/2124
RO: 1998.12.16

AUSTRIA
INFR. No: 98/2126
RO: 1998.12.2

3 9 0 L 0 6 4 1

FRANCE
INFR. No: 94/2097
REF: 1997.12.10

3 9 7 L 0 0 3 3

BELGIUM
INFR. No: 98/2131
RO: 1998.12.16

FRANCE
INFR. No: 98/2122
RO: 1998.12.16

LUXEMBOURG
INFR. No: 98/2125
RO: 1998.12.2

ITALY
INFR. No: 97/2100
RO-SENT: 1998.5.18

Public procurement

3 8 9 L 0 6 6 5

SPAIN
INFR. No: 95/2054
RO: 1997.3.19

PORTUGAL
INFR. No: 94/2236
REF: 1997.12.10

3 9 0 L 0 5 3 1 A N D 3 9 3 L 0 0 3 7

ITALY

Insurance

3 9 2 L 0 0 4 9

FRANCE
INFR. No: 96/2079
REF-SENT: 1998.7.29

FRANCE
INFR. No: 97/2084
RO: 1998.12.2

INFR. No: 94/4576
RO: 1996.6.26

3 9 2 L 0 0 1 3

FRANCE
INFR. No: 95/2082
REF-SENT: 1997.6.17

ITALY
INFR. No: 95/2071

RO: 1996.6.26

UNITED KINGDOM
INFR. No: 95/2084
RO-SENT: 1998.7.8

ITALY
INFR. No: 97/4522
RO-SENT: 1998.8.10

3 9 2 L 0 0 5 0 , 3 9 3 L 0 0 3 6
A N D 3 9 3 L 0 0 3 7

3 9 3 L 0 0 3 7

BELGIUM
INFR. No: 94/2289
REF: 1998.12.2

PORTUGAL
INFR. No: 95/2149
REF: 1997.12.10

3 9 2 L 0 0 4 9 A N D 3 9 2 L 0 0 9 6

FRANCE
INFR. No: 95/2046
REF-SENT: 1998.7.7

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C 354/165

Financial information and company law

3 7 8 L 0 6 6 0

3 8 3 L 0 3 4 9

3 9 0 L 0 6 0 4

3 9 0 L 0 6 0 5

UNITED KINGDOM
INFR. No: 97/2235
RO: 1998.12.9

UNITED KINGDOM
INFR. No: 97/2238
RO: 1998.12.9

UNITED KINGDOM
INFR. No: 97/2242
RO: 1998.12.9

UNITED KINGDOM
INFR. No: 97/2243
RO: 1998.12.9

Civil law and access to justice. Freedom of establishment and freedom to provide services

3 8 6 L 0 6 5 3

ITALY

INFR. No: 95/2178

REF: 1998.12.2

Regulated professions regarding the qualifications

3 7 8 L 0 6 8 6

ITALY
INFR. No: 95/2179
REF: 1998.12.2

3 8 9 L 0 0 4 8

3 9 2 L 0 0 5 1

FRANCE
INFR. No: 96/2254
RO-SENT: 1998.10.15

SPAIN
INFR. No: 95/4918
RO-SENT: 1998.11.23

3 8 6 L 0 0 1 7

3 8 9 L 0 5 9 4

SPAIN
INFR. No: 90/0349
REF-SENT: 1998.11.23

FRANCE
INFR. No: 92/2292
REF-SENT: 1998.7.10

3 7 5 L 0 3 6 2

SPAIN
INFR. No: 90/0981
SRO-SENT: 1998.8.10

3 7 7 L 0 4 5 3

BELGIUM
INFR. No: 96/2078
RO: 1998.10.7

TAXATION

Mutual assistance

3 7 7 L 0 7 9 9

GERMANY

INFR. No: 90/6019

SLET-SENT: 1997.4.7

UNITED KINGDOM

INFR. No: 96/2196

LET-SENT: 1997.4.7

CONSUMER PROTECTION AND PUBLIC HEALTH

3 9 0 L 0 3 1 4

3 9 3 L 0 0 1 3

GREECE
INFR. No: 98/2275
LET-SENT: 1998.10.16

ITALY
INFR. No: 96/2155
RO-SENT: 1998.12.18

BELGIUM
INFR. No: 94/2171
RO-SENT: 1997.12.19

GREECE
INFR. No: 98/2028
LET-SENT: 1998.4.6

FRANCE
INFR. No: 98/2025
LET-SENT: 1998.4.6

ITALY
INFR. No: 98/2026
RO-SENT: 1998.12.18

NETHERLANDS

INFR. No: 94/2170
RO-SENT: 1998.4.6

PORTUGAL
INFR. No: 98/2027
LET-SENT: 1998.4.6

SWEDEN
INFR. No: 98/2032

RO-SENT: 1998.12.21

3 9 4 L 0 4 7

SWEDEN
INFR. No: 98/2008
LET-SENT: 1998.11.23

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7.12.1999

PART 3: INCORRECT APPLICATION OF DIRECTIVES

NB 1: In this part, dates are given in year/month/day format. Abbreviations are the same as for Part 1.

NB 2: The items of information for each sector and subsector in this part of the annex are set out in descending columns read

from left to right; a single infringement case is sometimes spread over two columns.

LET-SENT: 1996.11.5

INFR. No: 97/0009
LET-SENT: 1997.1.28

INFR. No: 97/0194
LET-SENT: 1997.7.4

INFR. No: 97/0193
LET-SENT: 1997.7.4

INFR. No: 98/0765
LET-SENT: 1998.2.23

INFR. No: 97/0199
RO-SENT: 1998.12.17

GREECE
INFR. No: 94/0621
LET-SENT: 1994.7.28

IRELAND
INFR. No: 97/0007
LET-SENT: 1997.2.4

ITALY
INFR. No: 96/0552
LET-SENT: 1996.11.5

NETHERLANDS
INFR. No: 95/0007
LET-SENT: 1995.2.22

PORTUGAL
INFR. No: 98/0101
LET-SENT: 1998.3.26
INFR. No: 98/0100
LET-SENT: 1998.3.26

UNITED KINGDOM
INFR. No: 98/2313
LET-SENT: 1998.9.22

INDUSTRY

Technical standards and regulations

3 9 8 L 0 3 4

GERMANY
INFR. No: 98/2312
LET-SENT: 1998.9.11

INFR. No: 96/1134
LET-SENT: 1996.12.20

INFR. No: 96/0227
LET-SENT: 1996.4.1

INFR. No: 92/0956
RO-SENT: 1995.9.7

BELGIUM
INFR. No: 96/0556
LET-SENT: 1996.11.5

INFR. No: 96/0555
LET-SENT: 1996.11.5

INFR. No: 95/0649
LET-SENT: 1995.11.6

INFR. No: 98/0102
LET-SENT: 1998.3.26

FRANCE
INFR. No: 96/0554

Chemicals, plastic, rubber

3 9 3 L 0 0 1 5

GERMANY
INFR. No: 97/4054
LET-SENT: 1998.5.27

SPAIN
INFR. No: 94/0663
LET-SENT: 1998.8.9

Pressure vessels, medical instruments and metrology

3 8 9 L 0 3 9 2

PORTUGAL
INFR. No: 94/2279
RO-SENT: 1998.4.23

3 8 9 L 0 6 8 6

PORTUGAL
INFR. No: 95/2322

RO-SENT: 1997.10.15

LET: 1996.10.16

GERMANY
INFR. No: 97/4480
LET-SENT: 1998.9.24

3 9 0 L 0 3 9 6

GERMANY
INFR. No: 96/4294

SPAIN
INFR. No: 96/4523
LET-SENT: 1997.9.18

ITALY
INFR. No: 93/2294
REF: 1997.3.18

3 7 3 L 0 0 2 3

ITALY
INFR. No: 95/4272
RO-SENT: 1997.1.30

3 8 8 L 3 7 8

FRANCE
INFR. No: 97/2102
LET-SENT: 1998.9.29

Construction

3 8 9 L 0 1 0 6

GREECE
INFR. No: 94/4276

RO-SENT: 1998.12.4

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3 8 3 L 0 4 1 7

NETHERLANDS
INFR. No: 95/2309
RO-SENT: 1998.1.22

3 8 9 L 0 1 0 5

FINLAND
INFR. No: 97/4349
RO-SENT: 1998.12.17

RO-SENT: 1998.12.17

PORTUGAL
INFR. No: 98/2148
RO-SENT: 1998.12.17
INFR. No: 98/2072
LET-SENT: 1998.5.27

Food

3 7 9 L 1 1 2

GREECE
INFR. No: 98/4129
LET-SENT: 1998.9.4

Pharmaceuticals

3 6 5 L 0 0 6 5

UNITED KINGDOM
INFR. No: 95/4113
LET-SENT: 1996.8.28

COMPETITION

3 8 0 L 7 7 7

GERMANY
INFR. No: 96/2189
LET-SENT: 1998.11.25

INFR. No: 94/4658
RO-SENT: 1998.2.6

NETHERLANDS
INFR. No: 97/4396
LET-SENT: 1997.12.8

3 8 0 L 7 2 3 , 3 8 5 L 4 1 3 A N D
3 9 3 L 0 0 8 4

3 9 6 L 0 0 1 9 A N D 3 9 6 L 0 0 0 2

GREECE
INFR. No: 96/2253
RO-SENT: 1997.11.21

GREECE
INFR. No: 96/2237
RO-SENT: 1998.12.17

INFR. No: 98/2100

EMPLOYMENT AND SOCIAL AFFAIRS

INFR. No: 95/4823
RO-SENT: 1997.11.6

3 7 5 L 0 1 1 7 A N D 3 7 9 L 0 0 0 7

GREECE
INFR. No: 91/4668
REF: 1998.5.18

3 6 8 L 0 3 6 0

BELGIUM
INFR. No: 92/2290
REF: 1995.10.30

NETHERLANDS
INFR. No: 95/4787
SLET-SENT: 1998.12.4

AGRICULTURE

Veterinary matters

3 6 4 L 0 4 3 3 A N D 3 9 1 L 0 4 9 8

FRANCE
INFR. No: 96/2022
RO-SENT: 1998.2.9

3 6 4 L 0 4 3 3

GERMANY
INFR. No: 93/2097
JUDGMENT: 12.11.1998

3 6 4 L 0 4 3 3 , 3 7 2 L 0 4 6 1 , 3 8 9 L 0 6 6 2
A N D 3 9 1 L 0 4 9 5

UNITED KINGDOM
INFR. No: 97/2152
RO-SENT: 1998.5.26

3 6 4 L 0 4 3 3 , 3 7 1 L 0 1 1 8 , 3 7 7 L 0 0 9 9 ,
3 9 1 L 0 4 9 5 , 3 9 2 L 0 0 4 5 A N D
3 9 4 L 0 0 6 5

FRANCE
INFR. No: 95/4080
RO-SENT: 1998.8.24: SG (98) D/07276

3 7 2 L 0 4 6 2 , 3 8 5 L 0 0 7 3 , 3 9 0 L 0 6 7 5
A N D 3 9 3 L 0 1 1 8

BELGIUM
INFR. No: 95/2006
RO-SENT: 1998.9.9

GREECE
INFR. No: 95/2011
REF: 1998.12.18

3 8 5 L 0 0 7 3 A N D 3 9 3 L 0 1 1 8

GREECE
INFR. No: 94/2181
REF: 1998.6.10

3 8 9 L 0 1 0 8 A N D 3 9 1 L 0 4 9 3

ITALY
INFR. No: 96/2198
RO-SENT: 1998.8.18

3 9 0 L 0 6 6 7

PORTUGAL
INFR. No: 97/2216
RO-SENT: 1998.5.26

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Seeds and plants

3 6 6 L 0 4 0 1 A N D 3 7 0 L 0 4 5 7

FRANCE
INFR. No: 97/2002
RO-SENT: 1998.6.24

Technical standards

3 8 3 L 0 1 8 9 , 3 8 8 L 0 1 8 2 A N D 3 9 8 L 0 0 3 4

NETHERLANDS
INFR. No: 93/2267
REF: 1997.9.30

TRANSPORT

Inland transport, goods

3 7 4 L 0 5 6 1 , 3 8 9 L 0 0 4 8 A N D 3 8 9 L 0 4 3 8

3 9 2 L 0 1 0 6

FRANCE
INFR. No: 94/4116
SLET-SENT: 1998.9.16

ITALY
INFR. No: 95/4557
RO-SENT: 1998.7.24

3 9 3 L 0 0 8 9

AUSTRIA
INFR. No: 96/2059
REF: 1998.5.29

Inland transport, technology safety

3 8 5 L 0 0 0 3 A N D 3 9 6 L 0 0 5 3

AUSTRIA
INFR. No: 97/4571
LET-SENT: 1998.9.3

Air transport, air policy

3 9 2 L 2 4 0 7 , 3 9 2 L 2 4 0 8
A N D 3 9 2 L 2 4 0 9

AUSTRIA
INFR. No: 95/2090
REF: 1998.12.18

BELGIUM
INFR. No: 95/2085
REF: 1998.12.18

DENMARK
INFR. No: 95/2087
REF: 1998.12.18

FINLAND
INFR. No: 95/2088
REF: 1998.12.18

LUXEMBOURG
INFR. No: 95/2086

REF: 1998.12.18

SWEDEN
INFR. No: 95/2089
REF: 1998.12.18

GERMANY
INFR. No: 96/2073
REF: 1998.12.18

UNITED KINGDOM
INFR. No: 95/2125
REF: 1998.12.18

NETHERLANDS
INFR. No: 98/2094
LET: 1998.11.4

FRANCE
INFR. No: 98/2325
LET: 1998.11.4

Air transport, safety and social aspects

3 9 1 L 6 7 0

BELGIUM
INFR. No: 95/4152
RO-SENT: 1998.8.19

Maritime transport, safety and technical aspects

3 9 4 L 0 0 5 7

GERMANY
INFR. No: 97/4447
LET-SENT: 1998.9.24

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C 354/169

TELEVISION WITHOUT FRONTIERS

3 8 9 L 0 5 5 2

GREECE
INFR. No: 95/4452
LET-SENT: 1996.1.24

ITALY
INFR. No: 94/4750
RO-SENT: 1997.8.7

ENVIRONMENT

Freedom of access to information

3 9 0 L 0 3 1 3

GERMANY
INFR. No: 96/4055
RO-SENT: 1998.10.28

PORTUGAL
INFR. No: 97/2093
RO-SENT: 1998.6.30

UNITED KINGDOM
INFR. No: 93/4022
RO: 1998.3.25

Environmental impact assessment

3 8 5 L 0 3 3 7

IRELAND
INFR. No: 96/4646
RO-SENT: 1998.12.21

Water

3 7 5 L 0 4 4 0

FRANCE
INFR. No: 92/4200
RO-SENT: 1997.10.28

PORTUGAL
INFR. No: 92/2300
REF: 1997.6.4

BELGIUM
INFR. No: 98/2060
RO-SENT: 1998.12.22

LUXEMBOURG
INFR. No: 98/2063
RO: 1998.10.7

PORTUGAL
INFR. No: 98/2067
RO: 1998.12.2

ITALY
INFR. No: 98/2065
RO-SENT: 1998.12.22

3 7 6 L 0 1 6 0

BELGIUM
INFR. No: 89/0416
REF: 1998.8.5

SPAIN
INFR. No: 89/0418
REF: 1996.3.22

GERMANY
INFR. No: 89/0317
REF: 1997.5.23

FRANCE
INFR. No: 96/2107
RO-SENT: 1998.8.5

ITALY
INFR. No: 87/0356
SRO-SENT: 1993.3.15

NETHERLANDS
INFR. No: 96/2109
RO-SENT: 1998.10.15

PORTUGAL
INFR. No: 96/2108
RO-SENT: 1998.12.11

UNITED KINGDOM
INFR. No: 86/0214
LET2-SENT: 1998.10.30

3 7 6 L 0 4 6 4

GERMANY
INFR. No: 89/2343

REF: 1997.5.9

GREECE
INFR. No: 89/0303
LET2-SENT: 1998.12.18

GREECE
INFR. No: 90/0979
REF: 1997.11.11

GREECE
INFR. No: 91/0620
REF: 1995.7.6

BELGIUM
INFR. No: 91/0205
REF: 1997.5.30

SPAIN
INFR. No: 90/0960
REF: 1996.6.25

SPAIN
INFR. No: 94/4548
SRO-SENT: 1997.7.11

FRANCE
INFR. No: 91/0206
RO-SENT: 1993.5.18

ITALY
INFR. No: 91/0642
REF: 1996.8.22

LUXEMBOURG
INFR. No: 91/0207
REF: 1996.6.18

NETHERLANDS
INFR. No: 90/4113
REF: 1998.4.17

PORTUGAL
INFR. No: 91/0556
REF: 1998.7.17

UNITED KINGDOM
INFR. No: 91/0785
RO-SENT: 1997.3.25

SPAIN
INFR. No: 90/2190
SRO-SENT: 1995.1.19

3 7 9 L 0 9 2 3

ITALY
INFR. No: 91/0743
REF: 1996.7.1

3 8 0 L 0 7 7 8

AUSTRIA
INFR. No: 97/2155
RO-SENT: 1998.10.21

3 8 4 L 0 1 5 6

PORTUGAL
INFR. No: 92/2303
LET2-SENT: 1998.12.11

3 9 1 L 0 2 7 1

BELGIUM
INFR. No: 98/2012
RO-SENT: 1998.12.17

SPAIN
INFR. No: 97/2069
RO-SENT: 1998.12.11

3 9 1 L 0 6 7 6

SPAIN
INFR. No: 96/2205
REF: 1998.7.17

SPAIN
INFR. No: 94/2240
REF: 1997.2.19

LUXEMBOURG
INFR. No: 97/2192
RO-SENT: 1998.10.21

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7.12.1999

Nature

3 7 9 L 0 4 0 9

BELGIUM
INFR. No: 95/4435
RO-SENT: 1998.9.29

GERMANY
INFR. No: 92/4575
RO-SENT: 1998.12.11

SPAIN
INFR. No: 88/0295
LET2-SENT: 1996.3.8

SPAIN
INFR. No: 91/4380
RO-SENT: 1996.8.6

SPAIN
INFR. No: 97/4466
RO: 1998.7.29

FRANCE
INFR. No: 89/4910
REF: 1998.4.3

Waste

3 7 5 L 0 4 3 9 A N D
3 8 7 L 0 1 0 1

GERMANY
INFR. No: 90/5097
REF: 1997.3.10

3 7 5 L 0 4 4 2 A N D
3 9 1 L 0 1 5 6

GREECE
INFR. No: 89/0138
REF 2: 1997.11.17

PORTUGAL
INFR. No: 93/2159
SLET-SENT: 1998.2.24

GREECE
INFR. No: 97/2190
RO-SENT: 1998.9.29

FRANCE
INFR. No: 91/0640
RO-SENT: 1994.9.13

FRANCE
INFR. No: 91/4599
RO-SENT: 1995.7.3
REF: 1997.4.30

FRANCE
INFR. No: 92/4052
RO-SENT: 1997.12.19

FRANCE
INFR. No: 92/4527
RO-SENT: 1997.12.19

FRANCE
INFR. No: 94/4733
REF: 1998.10.16

FINLAND
INFR. No: 98/2208
RO-SENT: 1998.12.17

ITALY
INFR. No: 90/0262
REF: 1997.10.23

PORTUGAL
INFR. No: 93/4085
RO-SENT: 1998.7.6

GERMANY
INFR. No: 97/2177
RO-SENT: 1998.12.21

SPAIN
INFR. No: 97/2180
RO-SENT: 1998.10.21

FRANCE
INFR. No: 97/2178
RO-SENT: 1998.8.5

ITALY
INFR. No: 97/2182
RO-SENT: 1998.10.21

3 9 2 L 0 0 4 3

RO-SENT: 1997.11.6

ITALY
INFR. No: 93/2165
RO-SENT: 1998.8.18

IRELAND
INFR. No: 95/4840
RO-SENT: 1998.4.8

LUXEMBOURG
INFR. No: 88/0172
SRO-SENT: 1997.7.14

NETHERLANDS
INFR. No: 87/0176
REF: 1996.1.5

NETHERLANDS
INFR. No: 93/4479
REF: 1998.3.2

PORTUGAL
INFR. No: 96/2206
RO-SENT: 1998.12.17

GERMANY
INFR. No: 95/2225
RO-SENT: 1997.12.19

AUSTRIA
INFR. No: 96/2089
RO-SENT: 1998.4.28

DENMARK
INFR. No: 96/2090
RO-SENT: 1998.1.19

SPAIN
INFR. No: 95/2231
RO-SENT: 1997.11.27

FINLAND
INFR. No: 95/2224
RO-SENT: 1998.1.9

FRANCE
INFR. No: 95/2230

LUXEMBOURG
INFR. No: 97/2179
RO-SENT: 1998.8.6

UNITED KINGDOM
INFR. No: 97/2185
RO: 1998.10.97

IRELAND
INFR. No: 97/2181
RO-SENT: 1998.7.27

FRANCE
INFR. No: 94/2270
REF: 1998.5.14

GREECE
INFR. No: 94/2273
REF: 1998.6.10

PORTUGAL
INFR. No: 97/2073
RO-SENT: 1998.7.6

3 9 1 L 0 1 5 7

3 9 1 L 0 6 8 9

BELGIUM
INFR. No: 94/2271
REF: 1997.10.6

BELGIUM
INFR. No: 98/2171
RO: 1998.12.2

SPAIN
INFR. No: 94/2277
LET2-SENT: 1998.12.17

GREECE
INFR. No: 98/2174
RO-SENT: 1998.12.17

IRELAND

INFR. No: 95/2229
RO-SENT: 1997.12.19

ITALY

INFR. No: 96/2091
RO: 1997.10.15

LUXEMBOURG

INFR. No: 95/2226
RO-SENT: 1997.11.12

NETHERLANDS

INFR. No: 95/2228
RO-SENT: 1997.12.16

UNITED KINGDOM

INFR. No: 96/2092
RO-SENT: 1997.12.19

ITALY
INFR. No: 98/2176
RO-SENT: 1998.12.17

PORTUGAL
INFR. No: 98/2178
RO: 1998.12.2

3 9 4 L 0 0 6 2

BELGIUM
INFR. No: 97/2175
RO-SENT: 1998.10.15

NETHERLANDS
INFR. No: 97/2189
RO-SENT: 1998.11.26

SWEDEN
INFR. No: 97/2184
RO-SENT: 1998.11.23

Environment and Industry

3 8 2 L 0 5 0 1

SPAIN
INFR. No: 94/4865
RO-SENT: 1997.7.11

ITALY
INFR. No: 91/2065
REF: 1997.9.29

3 8 9 L 0 3 6 9

SPAIN
INFR. No: 93/4621
RO-SENT: 1998.7.24

7.12.1999

EN

Official Journal of the European Communities

C 354/171

TELECOMMUNICATIONS

3 9 0 L 0 3 8 8 , 3 9 6 L 0 0 1 9 A N D 3 9 7 L 0 0 3 3

PORTUGAL

INFR. No: 98/2132

LET-SENT: 1998.9.29

INTERNAL MARKET AND FINANCIAL SERVICES

Free movement of persons and citizens’ rights

3 6 4 L 0 2 2 1

FRANCE
INFR. No: 96/4026
RO-SENT: 1998.7.13

ITALY
INFR. No: 97/4899
RO-SENT: 1998.12.22

Public procurement

3 7 3 L 0 1 4 8

FRANCE
INFR. No: 95/4725
REF: 1998.6.24

FRANCE
INFR. No: 95/4317
REF: 1998.6.24

3 9 0 L 0 3 6 4 , 3 9 0 L 0 3 6 5 A N D
3 9 0 L 0 3 6 6

ITALY
INFR. No: 94/2218
REF-SENT: 1998.11.25

3 9 3 L 0 0 9 6

FRANCE
INFR. No: 94/2215
REF-SENT: 1998.6.16

3 7 1 L 0 3 0 5 A N D 3 9 7 L 0 0 3 7

REF: 1998.12.2

BELGIUM
INFR. No: 95/2110
RO-SENT: 1998.3.23

3 8 8 L 0 2 9 5

IRELAND
INFR. No: 94/0608
JUDGMENT: 1998.12.17

3 8 9 L 0 4 4 0 A N D 3 8 9 L 0 6 6 5

ITALY
INFR. No: 95/4646
RO-SENT: 1998.3.23

3 8 9 L 0 6 6 5 A N D 3 9 3 L 0 0 3 7

AUSTRIA
INFR. No: 95/4325
REF-SENT: 1996.10.7

3 8 9 L 0 6 6 5 , 3 9 2 L 0 0 5 0
A N D 3 9 3 L 0 0 3 6

AUSTRIA
INFR. No: 96/4698

3 9 0 L 0 5 3 1 , 3 9 2 L 0 0 5 0 ,
3 9 3 L 0 0 3 6 , 3 9 3 L 0 0 3 7
A N D 3 9 3 L 0 0 3 8

AUSTRIA
INFR. No: 96/4081
RO-SENT: 1998.8.7

3 9 2 L 0 0 5 0

BELGIUM
INFR. No: 95/4379
RO: 1996.7.24

GERMANY
INFR. No: 97/4076
RO-SENT: 1998.12.30

FRANCE
INFR. No: 96/4543
RO-SENT: 1998.5.15

IRELAND
INFR. No: 96/4032
RO-SENT: 1997.11.4

ITALY
INFR. No: 97/4230
SRO-SENT: 1998.12.22

ITALY
INFR. No: 95/5004
RO-SENT: 1998.8.10

UNITED KINGDOM
INFR. No: 96/4463
RO-SENT: 1998.7.29

UNITED KINGDOM
INFR. No: 95/4052
RO-SENT: 1996.9.24

3 9 2 L 0 0 5 0 A N D 3 9 3 L 0 0 3 6

ITALY
INFR. No: 95/4415
REF: 1998.11.11

3 9 3 L 0 0 3 6

GREECE
INFR. No: 95/4837
RO: 1998.6.24

ITALY
INFR. No: 95/4716
RO-SENT: 1998.8.10

ITALY
INFR. No: 96/4623
RO-SENT: 1998.12.17

3 9 3 L 0 0 3 6 A N D 3 9 3 L 0 0 3 7

NETHERLANDS
INFR. No: 94/4800
RO: 1998.12.2

3 9 3 L 0 0 3 7

BELGIUM
INFR. No: 94/4646
REF-SENT: 1996.10.2

FRANCE
INFR. No: 95/2107
REF-SENT: 1998.6.22

FRANCE
INFR. No: 95/2098
REF: 1998.12.2

ITALY
INFR. No: 97/4218
RO-SENT: 1998.9.9

3 9 3 L 0 0 3 8

FRANCE
INFR. No: 95/2252
REF: 1998.1.22

C 354/172

EN

Official Journal of the European Communities

7.12.1999

Banks

3 9 1 L 0 3 0 8

AUSTRIA

INFR. No: 95/2121

REF-SENT: 1998.7.28

Insurance

3 7 7 L 0 0 9 2

3 8 4 L 0 0 0 5

3 9 2 L 0 0 4 9

SPAIN
INFR. No: 95/4242
RO-SENT: 1998.7.29

SPAIN
INFR. No: 95/2048
REF-SENT: 1998.1.23

GERMANY
INFR. No: 95/2108
RO-SENT: 1998.1.22

BELGIUM
INFR. No: 95/2112
REF-SENT: 1998.6.2

Financial information and company law

3 6 8 L 0 1 5 1 A N D 3 7 8 L 0 6 6 0

3 8 4 L 0 2 5 3

GERMANY
INFR. No: 90/0322
JUDGMENT: 1998.9.29

ITALY
INFR. No: 97/2016
RO: 1997.12.10

Regulated professions – qualifications

3 6 8 L 0 3 6 8

3 7 8 L 0 6 8 6

GREECE
INFR. No: 94/4176
REF: 1997.12.10

GERMANY
INFR. No: 87/0434
REF-SENT: 1998.7.15

3 7 7 L 0 4 5 2 A N D
3 7 7 L 0 4 5 3

3 7 8 L 0 6 8 6 A N D
3 7 8 L 0 6 8 7

BELGIUM
INFR. No: 96/2068
RO-SENT: 1998.10.22

SPAIN
INFR. No: 91/4352
RO-SENT: 1998.11.23

SPAIN
INFR. No: 90/0411
RO-SENT: 1992.8.6

ITALY
INFR. No: 90/0412
JUDGMENT: 1995.6.1

ITALY
INFR. No: 96/2179
REF: 1998.12.2

3 8 5 L 0 3 8 4

ITALY
INFR. No: 94/4270
REF: 1998.12.16

3 8 5 L 0 4 3 2

3 8 9 L 0 0 4 8

GERMANY
INFR. No: 94/4568
RO-SENT: 1998.3.13

GERMANY
INFR. No: 95/4533
RO: 1998.12.9

FRANCE
INFR. No: 90/4379
REF: 1998.6.24

BELGIUM
INFR. No: 95/4173
REF: 1998.12.2

3 9 2 L 0 0 5 1

GERMANY
INFR. No: 95/4816
RO-SENT: 1998.8.7

ITALY
INFR. No: 94/4639
REF: 1998.8.7

ITALY
INFR. No: 91/0820
LET 171-SENT: 1997.3.25

SPAIN
INFR. No: 94/4348
RO-SENT: 1997.6.10

7.12.1999

EN

Official Journal of the European Communities

C 354/173

ITALY
INFR. No: 97/4365
SLET-SENT: 1998.8.10

SWEDEN
INFR. No: 97/2188
LET-SENT: 1998.7.24

TAXATION

Vat

3 7 7 L 0 3 8 8

GERMANY
INFR. No: 96/2124
LET-SENT: 1997.7.14

GERMANY
INFR. No: 93/2229
REF: 1998.11.26

GERMANY
INFR. No: 93/2142
REF: 1997.12.22

GERMANY
INFR. No: 98/2232
LET-SENT: 1998.11.6

GERMANY
INFR. No: 98/2133
LET-SENT: 1998.11.18

GERMANY
INFR. No: 97/2078
LET-SENT: 1997.9.17

AUSTRIA
INFR. No: 96/2081
RO-SENT: 1998.8.7

AUSTRIA
INFR. No: 96/2133
LET-SENT: 1997.10.29

AUSTRIA
INFR. No: 97/2231
LET-SENT: 1998.3.5

AUSTRIA
INFR. No: 98/2134
LET-SENT: 1998.11.18

AUSTRIA
INFR. No: 96/4733
LET-SENT: 1998.1.22

BELGIUM
INFR. No: 96/2187
SLET-SENT: 1998.6.11

BELGIUM
INFR. No: 93/2174
RO-SENT: 1998.7.8

SPAIN
INFR. No: 92/2073
REF: 1996.4.17

SPAIN
INFR. No: 90/0033
REF: 1997.12.5

SPAIN
INFR. No: 98/2242
LET-SENT: 1998.10.2

SPAIN
INFR. No: 98/2136
LET-SENT: 1998.11.18

SPAIN
INFR. No: 97/2172
LET-SENT: 1997.12.22

FINLAND
INFR. No: 98/2137
LET-SENT: 1998.11.18

FINLAND
INFR. No: 97/2156
RO-SENT: 1998.11.4

FRANCE
INFR. No: 95/4515
RO-SENT: 1998.3.5

FRANCE
INFR. No: 95/4741
RO-SENT: 1998.6.11

FRANCE
INFR. No: 93/4391
RO-SENT: 1996.6.11

FRANCE
INFR. No: 88/0213
REF: 1997.7.30

FRANCE
INFR. No: 89/5085
REF: 1998.12.30

FRANCE
INFR. No: 98/4246
RO-SENT: 1998.12.18

FRANCE
INFR. No: 98/4401
LET-SENT: 1998.7.24

FRANCE
INFR. No: 98/2103
LET-SENT: 1998.6.18

FRANCE
INFR. No: 97/2215
RO-SENT: 1998.11.17

FRANCE
INFR. No: 97/2104
RO-SENT: 1998.7.24

GREECE
INFR. No: 88/0199
REF: 1998.7.16

IRELAND
INFR. No: 88/0200
REF: 1997.10.21

ITALY
INFR. No: 98/2138
LET-SENT: 1998.11.4

NETHERLANDS
INFR. No: 94/2290
LET-SENT: 1996.9.5

NETHERLANDS
INFR. No: 94/2100
REF: 1998.9.14

NETHERLANDS
INFR. No: 88/0201
REF: 1997.12.4

PORTUGAL
INFR. No: 93/2141
RO-SENT: 1996.4.10

PORTUGAL
INFR. No: 98/2234
LET-SENT: 1998.10.2

PORTUGAL
INFR. No: 98/2139
LET-SENT: 1998.11.18

UNITED KINGDOM
INFR. No: 94/2099
RO-SENT: 1998.10.14

UNITED KINGDOM
INFR. No: 88/0202
REF: 1997.10.22

UNITED KINGDOM
INFR. No: 98/2140
LET-SENT: 1998.11.18

SWEDEN
INFR. No: 98/2141
LET-SENT: 1998.11.18

Excise duties / car taxation

3 9 2 L 0 0 1 2

LET-SENT: 1997.12.3

AUSTRIA
INFR. No: 97/4358
LET-SENT: 1998.11.6

BELGIUM
INFR. No: 94/4860
RO-SENT: 1997.12.15

GREECE
INFR. No: 95/4625
LET-SENT: 1998.2.4

3 9 2 L 0 0 8 1

GERMANY
INFR. No: 97/2068

3 9 2 L 0 0 8 2

FINLAND
INFR. No: 97/2071
RO-SENT: 1998.8.6

ITALY
INFR. No: 97/4868
RO-SENT: 1998.12.18

3 9 2 L 0 0 8 3

GREECE
INFR. No: 97/4099
LET-SENT: 1998.12.16

UNITED KINGDOM
INFR. No: 95/2114
LET-SENT: 1995.10.25

3 9 2 L 0 0 1 2 A N D
3 9 2 L 0 0 8 2

ITALY
INFR. No: 97/2251
LET-SENT: 1998.11.4

3 9 2 L 0 0 1 2 A N D
3 9 2 L 0 0 8 3

FRANCE
INFR. No: 95/4404
RO-SENT: 1997.12.22

FRANCE
INFR. No: 97/4373
RO-SENT: 1998.8.5

3 9 2 L 0 0 1 2 ,
3 9 2 L 0 0 8 3 A N D
3 9 2 L 0 0 8 4

FRANCE
INFR. No: 95/2151
REF: 1997.12.22

3 8 3 L 0 1 8 9 A N D
3 8 8 L 0 1 8 2

ITALY
INFR. No: 97/0018
LET-SENT: 1997.4.15

3 7 7 L 0 3 8 8 A N D
3 8 9 L 0 4 6 5

ITALY
INFR. No: 92/2242
RO-SENT: 1996.5.13

NETHERLANDS
INFR. No: 92/2241
REF: 1996.9.24

3 7 7 L 0 3 8 8 A N D
3 7 9 L 1 0 7 2

FRANCE
INFR. No: 92/4607
REF: 1997.12.18

3 7 7 L 0 3 8 8 A N D
3 9 2 L 0 0 1 2

GREECE
INFR. No: 97/2148
SLET-SENT: 1998.10.22

3 9 2 L 0 0 7 7

PORTUGAL
INFR. No: 94/2178
REF: 1998.7.20

3 9 4 L 0 0 0 5

UNITED KINGDOM
INFR. No: 95/4689
SLET-SENT: 1998.8.10

3 9 2 L 0 0 7 9 A N D
3 9 5 L 0 0 5 9

FRANCE
INFR. No: 98/4061
LET-SENT: 1998.7.29

3 9 5 L 0 0 5 9

GREECE
INFR. No: 94/4034
REF: 1998.6.11

C 354/174

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Official Journal of the European Communities

7.12.1999

Capital duties

3 6 9 L 0 3 3 5

GREECE
INFR. No: 91/2193
REF: 1998.11.26

Direct taxes

3 9 0 L 0 4 3 5

BELGIUM
INFR. No: 95/4973
LET-SENT: 1997.8.7

CONSUMER PROTECTION AND PUBLIC HEALTH

3 9 0 L 0 0 8 8

UNITED KINGDOM
INFR. No: 94/2069
LET-SENT: 1997.6.20

7.12.1999

EN

Official Journal of the European Communities

C 354/175

JUDGMENTS OF THE COURT OF JUSTICE UP TO 31 DECEMBER 1998 NOT YET IMPLEMENTED

ANNEX V

BELGIUM

Judgment given on 12.3.1998, Case C-163/97

Judgment given on 27.9.1988, Case C-42/87

Judgment given on 3.5.1994, Case C-47/93

Discrimination in public financing; non-university further education

The Belgian authorities have sent a copy of the Decree of 1 October
1998 amending the Universities (Finance and Control) Act. The text
is being scrutinised by the Commission.

Judgment given on 19.2.1991, Case C-375/89

Aid for Idealspun/Beaulieu

Proceedings in the Ghent Court of Appeal are still in motion.

Failure to notify national measures transposing Council Directive 92/74/EEC
widening the scope of Directive 81/851/EEC on the approximation of
provisions laid down by law, regulation or administrative action relating to
veterinary medicinal products and laying down additional provisions on
homeopathic veterinary medicinal products

Article 171 proceedings have been commenced.

Judgment given on 9.7.1998, Case C-323/97

Failure to notify national measures transposing Council Directive 94/80/EC
laying down detailed arrangements for the exercise of the right to vote and to
stand as a candidate in municipal elections by citizens of the Union residing
in a Member State of which they are not nationals

Judgment given on 24.3.1994, Case C-80/92

Progress is being made. The Bill to transpose the Directive is about to
be passed.

Free movement of wireless telephones

Progress is being made.

Judgment given on 10.9.1996, Case C-11/95

Incomplete transposal of Television without frontiers Directive

Article 171 proceedings are in motion.

Judgment given on 20.2.1997, Case C-344/95

Judgment given on 9.7.1998, Case C-343/97

Non-conformity of national measures transposing Directive 94/51/EC
adapting to technical progress Council Directive 90/219/EEC on the
contained use of genetically modified micro-organisms and Directive
90/220/EEC on the deliberate release into the environment of genetically
modified organisms

Article 171 proceedings have been commenced.

Conditions and arrangements for issuing residence permits

Judgment given on 17.9.1998, Case C-323/96

Progress is being made.

Judgment given on 20.3.1997, Case C-294/96

Failure to notify measures transposing Council Directive 90/385/EEC on
active implantable medical devices

Public construction contracts awarded by the Vlaamse Raad (finishing and
sanitary work)

The Commission has contacted the Belgian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

The Belgian authorities have notified a draft Royal Decree. The
Commission is awaiting its publication.

Judgment given on 6.10.1998, Case C-79/97

Judgment given on 29.5.1997, Case C-357/96

Failure to notify measures transposing Directive 94/15/EC amending
Council Directive 90/220/EEC on the deliberate release into the environment
of genetically modified organisms

Failure to notify measures transposing Commission Directive 94/69/EEC
adapting to technical progress for the twenty-first time Council Directive
67/548/EEC on the classification, packaging and labelling of dangerous
substances

Article 171 proceedings are in motion.

The Commission has contacted the Belgian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

C 354/176

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Official Journal of the European Communities

7.12.1999

Judgment given on 15.10.1998, Case C-268/97

Judgment given on 22.10.1998, Case C-301/95

Non-conformity of Belgian legislation with Directive 86/609/EEC on the
protection of animals used for experimental and other scientific purposes

Incorrect transposal of Council Directive 85/337/EEC on the assessment of
the impact of certain public or private projects on the environment

The Commission has contacted the Belgian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

The Commission has contacted the German authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Judgment given on 15.10.1998, Case C-283/97

Judgment given on 12.11.1998, Case C-102/96

Failure to notify national measures transposing Council Directive 92/73/EEC
widening the scope of Directives 65/65/EEC and 75/319/EEC on the
approximation of provisions laid down by law, regulation or administrative
action relating to veterinary medicinal products and laying down additional
provisions on homeopathic veterinary medicinal products

Recent judgment.

Barriers to imports of boars from Denmark

Recent judgment.

GREECE

Judgment given on 15.10.1998, Case C-326/97

Judgment given on 8.11.1990, Case C-53/88

Failure to notify national measures transposing Council Directive 95/27/EC
amending Council Directive 86/662/EEC on the limitation of noise emitted
loaders and
by hydraulic excavators, rope-operated excavators, dozers,
excavator-loaders

Protection of workers — insolvency of employers

Article 171 proceedings are in motion.

The Commission has contacted the Belgian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Judgment given on 7.4.1992, Case C-45/91

Village waste in Crete

GERMANY

Referred to the Court under Article 171(2) of the EC Treaty. It is
accompanied by a request for a penalty payment.

Judgment given on 20.9.1990, Case C-5/89

Bug-Alutechnik — repayment of a grant

Judgment given on 23.3.1995, Case C-365/93

Mutual recognition of qualifications — higher education

Proceedings brought by Hoogovens Aluminium Profiltechnik GmbH
in the Bundesverwaltungsgericht are still in motion

Referred to the Court under Article 171(2) of the EC Treaty. It is
accompanied by a request for a penalty payment.

Judgment given on 10.5.1995, Case C-422/92

Judgment given on 2.5.1996, Case C-311/95

Waste disposal

A reply from the German authorities is being studied by the
Commission.

Judgment given on 29.9.1998, Case C-191/95

Deposit of annual accounts with the Companies Register

The German authorities have sent the Commission a note informing
it that they are considering with the Länder ways and means of giving
effect to the Court’s judgment.

Failure to notify measures
coordination of procurement procedures for public service contracts

transposing the Council Directive on the

The referral to the Court pursuant to Article 171(2) of the Treaty has
been stayed pending official notification of Presidential Decree No
346/98 transposing Directive 92/50/EEC.

Judgment given on 2.7.1996, Case C-290/94

Access to employment: nationality discrimination

Article 171 proceedings have been commenced and are in motion.

7.12.1999

EN

Official Journal of the European Communities

C 354/177

Judgment given on 26.6.1997, Case C-329/96

Judgment given on 22.3.1994, Case C-375/92

Failure to notify measures transposing Council Directive 92/43/EEC on the
conservation of natural habitats and wild fauna and flora

Restrictions on freedom to provide services as tourist guides

Article 171 proceedings are in motion.

Progress is being made in the various regions.

Judgment given on 22.10.1997, Case C-375/95

Judgment given on 17.7.1997, Case C-52/96

Taxes on second-hand cars

Progress is being made. A Bill is in the course of passage through
Parliament.

Transfer of pension rights

Progress is being made.

Judgment given on 27.11.1997, Case C-62/96

Judgment given on 9.10.1997, Case C-21/96

Licensing and flag rights for fishing vessels and merchant ships

Radiological protection of patients subject
treatment

to medical examination or

Article 171 proceedings have been commenced.

Progress is being made.

Judgment given on 11.6.1998, Case C-232/95

Pollution of Lake Vegoritis

Article 171 proceedings have been commenced.

Judgment given on 11.6.1998, Case C-233/95

Dangerous substances in the aquatic environment

Article 171 proceedings have been commenced.

Judgment given on 15.10.1998, Case C-385/97

Failure to notify measures transposing Council Directive 93/118/EC on the
financing of health inspections and controls of fresh meat and poultrymeat

Recent judgment.

Judgment given on 29.10.1998, Case C-185/96

Judgment given on 18.12.1997, Case C-360/95

Failure to notify measures transposing Council Directive 91/371/EEC on
the application of the agreement between the EEC and the Swiss Confederation
on direct insurance other than life assurance

A reply from the Spanish authorities is being studied by the
Commission.

Judgment given on 18.12.1997, Case C-361/95

Failure to notify measures transposing Council Directive 92/49/EEC
on direct insurance other than life assurance and amending Directives
73/239/EEC and 88/357/EEC

Progress is being made. The Commission is awaiting official notifi-
cation of national measures transposing the Directive.

Judgment given on 12.2.1998, Case C-92/96

Nationality discrimination: recognition of large-family status

Incorrect application of Council Directive 76/160/EEC concerning the
quality of bathing water as regards inland waters

Recent judgment.

SPAIN

Judgment given on 2.8.1993, Case C-355/90

Conservation of wild birds at Santon˜a

The Spanish authorities have transmitted a cleaning-up plan for
inland waters not complying with the Directive; it is being scrutinised
by the Commission.

Judgment given on 7.5.1998, Case C-124/96

VAT exemption for services linked to the sporting activities of sports clubs
and federations

Progress is being made; a solution is in sight.

Progress is being made.

C 354/178

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Official Journal of the European Communities

7.12.1999

Judgment given on 28.5.1998, Case C-298/97

Judgment given on 11.6.1991, Case C-64/88

Failure to notify programmes required by Article 6 of Council Directive
91/157/EEC on batteries and accumulators containing certain dangerous
substances

Article 171 proceedings have been commenced.

Fisheries: failure to monitor compliance with technical conservation measures

The Commission is continuing to monitor the full implementation of
the Court’s judgment.

Judgment given on 1.10.1998, Case C-71/97

Judgment given on 13.3.1997, Case C-197/96

Incorrect application of Council Directive 91/676/EEC concerning the
protection of waters against pollution caused by nitrates from agricultural
sources

Night work for women

Article 171 proceedings are in motion.

The Commission has contacted the Spanish authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Judgment given on 9.12.1997, Case C-265/95

Judgment given on 29.10.1998, Case C-114/97

Barriers to imports of Spanish strawberries

Provision of private security services

Recent judgment.

The Commission has approached the French authorities to remind
them of their obligations under the EC Treaty. It is monitoring the
practical implementation of the Court’s judgment.

Judgment given on 25.11.1998, Case C-214/96

Judgment given on 12.2.1998, Case C-144/97

Incorrect application of Council Directive 76/464/EEC on pollution caused
by certain dangerous substances discharged into the aquatic environment of
the Community (Article 7: pollution reduction programmes)

Recent judgment.

FRANCE

Judgment given on 27.4.1988, Case C-252/85

Wild birds

Referred to the Court under Article 171(2) of the EC Treaty. It is
accompanied by a request for a penalty payment.

Failure to notify national measures transposing Council Directive 92/74/EEC
widening the scope of Directive 81/851/EEC on the approximation of
provisions laid down by law, regulation or administrative action relating to
veterinary medicinal products and laying down additional provisions on
homeopathic veterinary medicinal products

Article 171 proceedings have been commenced.

Judgment given on 24.9.1998, Case C-35/97

Calculation of additional pension entitlements for frontier workers

The Commission has contacted the French authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Judgment given on 12.12.1990, Case C-263/88

Judgment given on 15.10.1998, Case C-284/97

Refusal to grant right of establishment and freedom to provide services in the
overseas territories

Failure to notify national measures transposing Council Directive 93/40/EEC
amending Directives 81/851/EEC and 81/852/EEC on the approximation
of the laws of the Member States relating to veterinary medicinal products

Article 171 proceedings are in motion.

Recent judgment.

Judgment given on 26.2.1991, Case C-154/89

Judgment given on 22.10.1998, Case C-184/96

Restrictions on freedom to provide services as tourist guides

Preparations based on foie gras

Progress is being made. The French authorities will notify the decree
terminating the infringement as soon as it is adopted.

Recent judgment.

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IRELAND

Judgment given on 29.2.1996, Case C-307/94

Judgment given on 12.6.1997, Case C-151/96

Failure to notify measures transposing the Council Directive coordinating
legislation relating to certain activities of pharmacists

Merchant vessels — flag rights

Progress is being made.

Article 171 proceedings have been commenced. The Irish authorities
have notified legislation which is now being scrutinised by the
Commission.

Judgment given on 12.12.1996, Case C-302/95

Judgment given on 27.10.1998, Case C-364/97

Failure to notify measures transposing Council Directive 91/271/EEC on
treatment of urban waste water

Failure to notify national measures transposing Council Directive 93/103/EC
concerning the minimum safety and health requirements for work on board
fishing vessels

Referred to the Court under Article 171(2) of the Treaty.
accompanied by a request for a penalty payment.

It is

Recent judgment.

Judgment given on 23.1.1997, Case C-314/95

Judgment given on 17.12.1998, Case C-353/96

Public supply contracts: fertiliser deliveries — Irish Forestry Board Ltd

Recent judgment.

ITALY

Failure to notify measures 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 poultrymeat, and
Council Directive 92/117/EEC on protection measures against specified
zoonoses

Progress is being made; two of the three Directives have been
transposed. The Commission is awaiting publication of the measures
transposing Directive 92/117/EEC before terminating this case.

Judgment given on 12.7.1988, Case C-322/86

Judgment given on 17.7.1997, Case C-43/97

Judgment given on 9.3.1994, Case C-291/93

Failure to notify measures transposing Council Directive 93/36/EEC
coordinating procedures for the award of public supply contracts

Quality of fishing waters

Progress is being made.

Judgment given on 26.2.1991, Case C-180/89

Restrictions on freedom to provide services as tourist guides

Article 171 proceedings are in motion.

Progress is being made.

Judgment given on 4.12.1997, Case C-207/96

Night work for women

Article 171 proceedings have been commenced.

Judgment given on 1.6.1995, Case C-40/93

Judgment given on 4.12.1997, Case C-225/96

Admission to the profession of dentist

Incorrect application of Directive 79/923/EEC on shellfish waters

Progress is being made.

Progress is being made.

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Judgment given on 18.6.1998, Case C-35/96

Judgment given on 29.10.1998, Case C-410/97

Compulsory charges to be applied by customs agents for customs clearance
services

Failure to notify measures transposing Council Directive 92/29/EEC on the
minimum safety and health requirements for improved medical treatment on
board vessels

The Commission has contacted the Italian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Recent judgment.

THE NETHERLANDS

Judgment given on 1.10.1998, Case C-285/96

Judgment given on 19.5.1998, Case C-3/96

Incorrect application of Council Directive 76/464/EEC on pollution caused
by certain dangerous substances discharged into the aquatic environment of
the Community (Article 7: pollution reduction programmes)

Failure to comply with obligation to designate special protection zones as
required by Directive 79/409/EEC on the conservation of wild birds

Article 171 proceedings have been commenced.

The Commission has contacted the Italian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

PORTUGAL

LUXEMBOURG

Judgment given on 28.5.1998, Case C-213/97

Judgment given on 2.7.1996, Case C-473/93

Incomplete or incorrect transposal of Article 3 and Annexes I and II of
Council Directive 86/280/EEC on limit values and quality objectives for
discharges of certain dangerous substances included in List I of the Annex to
Directive 76/464/EEC, as amended by Directive 88/347/EEC

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.

Judgment given on 17.6.1998, Case C-214/97

Referred to the Court under Article 171(2) of the Treaty.
accompanied by a request for a penalty payment.

It is

Absence of cleaning-up plans provided for by Article 4 of Council Directive
75/440/EEC concerning the quality required of surface water intended for
the abstraction of drinking water in the Member States

Judgment given on 11.6.1998, Case C-206/96

Progress is being made. The Portuguese authorities have transmitted
an action plan to clean up surface water, which is being scrutinised
by the technical departments.

Absence of pollution reduction programmes regarding 99 substances on list
II in the Annex to Council Directive 76/464/EEC on pollution caused by
certain dangerous substances discharged into the aquatic environment of the
Community

The Luxembourg authorities have notified the Commission of
measures to give effect to the judgment; they are being scrutinised by
the relevant technical departments.

Judgment given on 18.6.1998, Case C-183/97

Non-conformity of national measures
transposing Council Directive
80/68/EEC on the protection of groundwater against pollution caused by
certain dangerous substances

Progress is being made. The Portuguese authorities have transmitted
draft legislation, which the Commission is now studying.

Judgment given on 16.7.1998, Case C-339/97

Judgment given on 18.6.1998, Case C-208/97

Confined use of genetically-modified micro-organisms (Directive 94/51/EC)

Absence of programmes provided for by Article 4 of Council Directive
84/156/EEC on limit values and quality objectives for mercury discharges
by sectors other than the chlor-alkali electrolysis industry

Article 171 proceedings have been commenced.

Article 171 proceedings have been commenced.

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Judgment given on 15.10.1998, Case C-229/97

Judgment given on 14.7.1993, Case C-56/90

Non-conformity of national measures
transposing Council Directive
79/869/EEC concerning the methods of measurement and frequencies of
sampling and analysis of surface water intended for the abstraction of
drinking water in the Member States

Quality of bathing water at Blackpool and Southport

Article 171 proceedings have been commenced.

Recent judgment.

UNITED KINGDOM

Judgment given on 8.6.1994, Case C-382/92

Transfers of undertakings

Progress is being made.

Judgment given on 18.2.1992, Case C-30/90

Judgment given on 8.6.1994, Case C-383/92

Patent licences

Progress is being made. Enactment of the ‘Patents and Trade Marks
Regulations 1998’ will enable it to be terminated.

Collective redundancies

Progress is being made.

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ANNEX VI

APPLICATION OF COMMUNITY LAW BY NATIONAL COURTS: A SURVEY

1. Application of Article 177 of the EC Treaty

In 1998 the Court of Justice of the European Communities received
264 requests for preliminary rulings in cases where difficulties arose
in the interpretation of Community law or where there were doubts
as to the validity of Community instruments.

When references are recorded at the Court of Justice Registry, they
are published in full in the Official Journal of the European Communities.
The table below shows the number of references from each Member
State over the last nine years (1).

(1) The last two reports were published in OJ C 332, 3.11.1997, p. 198, and

C 250 10.8.1998, p. 195.

Number of references per Member State

Member State (1)

Year

1990

1991

1992

1993

1994

1995

1996

1997

1998

Italy

Ireland

Netherlands

Luxembourg

United Kingdom

Austria

Germany

Finland

Portugal

France

Sweden

Belgium

Spain

Denmark

Greece

25

4

9

4

12

18

1

17

2

13

22

—

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

5

1

36

19

13

4

—

58

3

19

2

20

2

51

—

5

43

6

14

10

8

10

70

—

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

39

3

21

2

24

16

49

2

7

16

6

12

55

7

5

(1) The countries are listed in the order shown in the third indent of Article 1(1) of Council Decision 95/2/EC, EURATOM, ECSC (OJ L 1, 1.1.1995, p. 220).

Total

142

186

162

204

203

251

256

239

264

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The sizeable growth in the number of preliminary rulings requested
by Spain is due to 37 (joined) cases on the interpretation of VAT
rules. Six other cases relate to consumer protection, particularly as
regards credit sales.

The massive growth in the number of preliminary rulings requested
by Austrian courts in 1997 was particularly striking, but the number
fell by more than a half in 1998.

Italy

Ireland

Netherlands

Origin of references by Supreme Courts

Corte Suprema di Cassazione
Consiglio di Stato

Supreme Court

Raad van State
Hoge Raad
College van Beroep voor het Bedrijfs-
leven
Tariefcommissie

Luxembourg

Cour Supérieure de Justice

United Kingdom

Austria

Germany

Portugal

France

Sweden

Belgium

Spain

Denmark

Greece

House of Lords
Court of Appeal

Oberster Gerichtshof
Bundesvergabeamt
Verwaltungsgerichtshof

Bundesgerichtshof
Bundesfinanzhof
Bundessozialgericht

Supremo Tribunal Administrativo

Court of Cassation
Conseil d’E´ tat

Regeringsrätten

Court of Cassation/Hof van Cassatie
Cour d’Arbitrage/Arbitragehof
Conseil d’E´ tat/Raad van State

Tribunal Superior de Justicia

Højesteret

Areios Pagos
Symvoulio Epikrateias

1
9

2

2
6

1
1

1

2
4

6
3
3

4
9
3

5

2
3

1

4
1
1

1

1

1
1

2. Significant judgments of national courts of final instance

2.1.

Introduction

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 possible, by consulting
databases, to identify cases where national courts ought to have
applied Community law but where the judgment contains no
reference to it. Moreover, the Commission cannot undertake a
systematic analysis of the mass of judgments delivered each year by
the national supreme courts. Each year, some 1 200 judgments
relating to Community law come to the attention of the Research and
Documentation Department.

As in 1997, cases were referred by courts in all Member States.

In 1998, preliminary rulings accounted for about 54 % of the total of
the 485 cases brought before the Court (90 cases being removed
from the Register).

The two tables below show the number of references from courts of
final instance in each Member State and the number of cases referred
by each of these courts.

Number of references by courts of final instance in 1998, per Member State

Italy

Ireland

Netherlands

Luxembourg

United Kingdom

Austria

Germany

Finland

Portugal

France

Sweden

Belgium

Spain

Denmark

Greece

10

2

10

(—)

6

12

16

(—)

5

(—)

1

(—)

1

1

2

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2.2. The research

Research was carried out on the following questions in relation to
decisions given or reported for the first time in 1998:

1. Were there cases where decisions against which there was no
appeal were taken without a reference for a preliminary ruling
even though they turned on a point of Community law whose
interpretation was less than perfectly obvious?

Were there any other decisions regarding preliminary rulings that
merit attention?

2. Were there cases where courts, contrary to the rule in Case
314/85 Foto-Frost (1), declared an act of a Community institution
to be invalid?

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 (2) or in Brasserie de Pêcheur and Factortame III (3)?

Question 1

In Germany, the Bundesfinanzhof gave a judgment on 11 June 1997 (4)
holding that it was not required to request a preliminary ruling from
the Court of Justice under the third paragraph of Article 177 of the
EC Treaty before dismissing an action relating to the preferential
income-tax treatment of schooling costs. The claimant, resident in
Germany, applied for an order that school fees for his son, who had
both German and British nationality and attended a private school in
the United Kingdom, were deductible from his taxable income. The
Bundesfinanzhof held that section 10(1)(9) of the Income Tax Act
(Einkommensteuergesetz), whereby school fees for children attending
private schools were tax-deductible, applied only in relation to certain
private schools within the national education system. It relied on a
decision of the Court of Justice(5) in support of a finding that this
preference was not contrary to Articles 59 and 60 of the EC Treaty,
as such schools were not engaged in the provision of services within
the meaning of the Treaty, i.e. services normally provided against
remuneration. It follows from a decision of the Court of Justice that
school fees within the national education system cannot be regarded
as remuneration in the sense of an economic consideration for the
provision of a service. The Bundesfinanzhof states that it is of little
importance whether the school is public or private, as what matters
for the purposes of the Income Tax Act is merely whether a private
school is part of the national education system. It was not in the
instant case.

Still in Germany, the Federal Constitutional Court (Bundesverfas-
sungsgericht) made an Order on 5 August 1998 (6) dismissing the
application by Deutsche Bundespost Telekom for constitutional
review [(Verfassungsbeschwerde)] of a judgment given by the Federal
Labour Court (Bundesarbeitsgericht) holding that the exclusion of

part-time workers from its occupational pension scheme was unlawful
as being contrary to the general principle of equality stated in the
Basic Law (7) Deutsche Bundespost Telekom, being ordered to pay
retroactive pension contributions, commenced an action in the
Federal Constitutional Court on the basis of violation of the Basic
judge’ (8), on the ground that the
Law’s principle of the ‘lawful
Bundesarbeitsgericht, before giving judgment, should have referred
to the Court of Justice the question whether the Community rule of
non-retroactive application established in Barber in 1990 (9) and
enshrined in Protocol 2 to the Treaty on European Union (the
Barber Protocol) precluded the application of the non-discrimination
principle required by the Bundesarbeitsgericht for the period preced-
ing the date of the Barber judgment.

The Bundesverfassungsgericht dismissed the application. It followed
from a long line of cases before it that the fact that the Bundesarbeits-
gericht had not referred the question to the Court of Justice violated
the principle of the lawful judge only if the court of final instance had
gone fundamentally against a decision of the Court of Justice on a
question that was material to the settlement of the dispute or if, in
the absence of a decision of the Court of Justice, it had manifestly
gone beyond its discretionary power to decide whether it must refer
the question to the Court of Justice.

The Bundesverfassungsgericht held that the Bundesarbeitsgericht had
provided adequate grounds for declining to refer the question to the
Court of Justice, which had repeatedly held (10) that confining the
effects of the Barber judgment to the period after 16 May 1990 did
not apply to the exclusion of part-time workers from occupational
pension schemes. It held that the Bundesarbeitsgericht’s position that,
since the Barber Protocol aimed solely to specify and demarcate the
scope of the effects of the judgment without laying down any broader
legal rule, there was no need to refer a question to the Court of Justice
for a preliminary ruling was defensible. It held that the Community
principle of non-retroactivity did not preclude the application of
national non-discrimination rules and accordingly concluded that the
view taken by the Bundesarbeitsgericht was not an excess of its
discretionary powers.

It is noteworthy that the Austrian Verwaltungsgerichtshof withdrew a
reference for a preliminary ruling when the Court of Justice gave a
ruling on a similar question (11).

The Austrian court had before it an application by a university
lecturer who had been declared ineligible for the monthly increment
provided for by the Civil Service Salaries Act (Gehaltsgesetz). The Act
required 15 years’ seniority as university lecturer, but the claimant
made his application after only ten years’ exercise of the function in
Austria, having lectured for eleven years in another Member State. He
argued that disregarding seniority acquired in another country and
accordingly refusing to allow him the increments that he considered
to be an integral part of his remuneration was a form of indirect
discrimination and that the relevant government department was
violating Community law in the form of Articles 48 and 7 of the EC
Treaty.

(1) [1987] ECR 4199.
(2) Joined Cases C-6/90 and C-9/90 [1996] ECR I-5357.
(3) Joined Cases C-46/93 and C-48/93 [1996] ECR I-1029.
(4) Bundesfinanzhof, judgment given on 11 June 1997, X R 74/95, Sammlung

der Entscheidungen des Bundesfinanzhofs Bd. 183, p. 436.

(5) Case 263/86 Belgium v Humbel [1988] ECR 5365 (judgment given on

27 September 1988).

(6) Bundesverfassungsgericht, Beschluß of 5 August 1998, 1 BvR 264/98,

Europäische Zeitschrift für Wirtschaftsrecht 1998, p. 728.

(7) Article 3(1) of the Basic Law.
(8) Article 101(1) (second sentence) of the Basic Law, which provides that
’no-one may be removed from the jurisdiction of his lawful judge’.

(9) Case C-262/88 Barber [1990] ECR I-1889.
(10) Case C-57/93 Vroege [1994] ECR I-4541 (judgment given on 28 Septemb-
er 1994) and Case C-246/96 Magorrian & Cunningham [1997] ECR I-7153
(judgment given on 11 December 1997).

(11) Case 99/12/0167 (judgment given on 24 June 1998).

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The Verwaltungsgerichtshof began by asking the Court of Justice for
a preliminary ruling. When the Court’s Registrar notified it of the
ruling in Schöning (1) the Verwaltungsgerichtshof asked the two sides
in the case for their views and then, on 24 June 1998, made an Order
withdrawing its request for a preliminary ruling, holding that the only
decisive question — the question whether the increment was a
component of remuneration or a special bonus to reward loyal
service by civil servants — was a question to be settled by national
law alone. It dismissed the application and, departing from the
opinion expressed in the request for a preliminary ruling that the
increment was neither a component of remuneration nor a loyalty
bonus, held that the increment was a loyalty bonus designed to attract
persons enjoying considerable experience to Austrian universities,
which therefore, in accordance with the law as stated by the Court of
Justice, warranted the form of discrimination practised in the
situation.

In Spain, the Tribunal Supremo, against whose judgments no appeal
lies, received an application for annulment of national provisions on
the abolition of public docking and undocking services which the
claimants argued were contrary to Community competition law. The
Tribunal Supremo felt no need to seek a preliminary ruling from the
Court of Justice for, as it stated in its judgment given on 27 April
1998, it was not for the Court of Justice to rule on the compatibility
It added that
of national
Articles 85, 86, 90 and 94 of the EC Treaty, pleaded in the application,
were sufficiently clear, thus obviating the need for a reference to the
It held the material national provisions to be
Court of Justice.
compatible with Community law and dismissed the application.

legislation with Community law (2).

In a transfer of undertakings case the Court of Appeal
(Turun
hovioikeus) at Turku, in Finland gave a judgment on 26 May 1998 (3)
interpreting the third paragraph of Article 177 of the EC Treaty. It
held that as a court against whose decisions there is no judicial
remedy under national law, it was under a duty to seek a preliminary
ruling from the Court of Justice. The argumentation followed by the
Finnish court proceeds from the fact that an appeal
lies to the
Supreme Court only with the Supreme Court’s leave. Under Chap-
ter 30, section 3, of the Finnish Code of Procedure (Oikeudenkäymis-
kaari), leave to appeal is given only if review of the case is necessary
for the application of the material statute in similar cases or for the
preservation of uniformity in case-law. Leave may also be given if the
decision is vitiated by a serious procedural defect.

The Court of Appeal considered that, the purpose of Article 177
being to ensure that Community law was interpreted and applied
the specific purpose of the third paragraph was to
uniformly,
prevent case-law from emerging in a Member State in conflict with
Community law; it concluded that it was under a duty to refer. The
effect of any other interpretation would have been that cases brought
before it might be decided without any court being obliged to refer

to the Court of Justice where the Supreme Court did not give leave to
appeal. That would not be compatible with the purpose of the third
paragraph of Article 177 of the EC Treaty.

In the instant case the Court of Appeal decided not to seek a
preliminary ruling from the Court of Justice as a decision could be
reached on the basis of existing decisions on transfers of undertakings.

In a judgment given on 20 May 1998 (4) on the competition rules as
applied to the award of public contracts, the French Conseil d’E´ tat
upheld the submissions of the Government Advocate (commissaire
du Government) without seeking a preliminary ruling from the Court
of Justice. The Government Advocate acknowledged that the true
scope of Article 6 of Council Directive 92/50/EEC (5) was a somewhat
delicate issue and that, faced with an unclear provision, the courts
might be tempted to use the Article 177 procedure and refer a
question to the Community courts, but he recommended that the
courts decide the issue themselves as the preliminary ruling procedure
was time-consuming and therefore incompatible with the need
for speed in precontractual
interlocutory proceedings in public
procurement cases in the Conseil d’E´ tat.

In a case in which the validity of a Community instrument was in
issue, the Italian Consiglio di Stato (6) declared that as an administrative
court of final instance it was under a duty to refer a question to the
Court of Justice for a preliminary ruling only where the material
instrument seemed prima facie unlawful or where there were reason-
able doubts as to its validity. The fact that one of the parties to the
action contested the validity of the instrument or asked for a reference
to be made for a preliminary ruling did not suffice to place the
national court of final instance under a duty to make the reference.
The Consiglio di Stato held that the national court, even when giving
a judgment against which no further appeal
lies, must examine
whether the question raised by one of the parties is a serious one and
dismiss the motion where it is manifestly unfounded.

In the Netherlands, the Hoge Raad, without seeking a preliminary
ruling, gave a judgment on 4 February 1998 (7) holding that a
private-sector postal service was not eligible for exemption from
VAT. The Dutch VAT Act (Wet op de omzetbelasting) provides for
exemption for services provided by public postal services, as required
by the Sixth VAT Directive (8). The Directive also provides for
exemption for supplies of stamps (9), without specifying that only
supplies by public postal services are covered. This latter exemption
is not provided for by the Dutch Act. The Hoge Raad held that the
business of the private postal service, including sales of stamps, was
subject to VAT.

(4) Conseil d’E´ tat, Section, 20.5.1998, Communauté de communes du Piémont de
Barr et autres, Revue française de droit administratif 1998, p. 609, conc.
Henri Savoie; Actualité Juridique Droit Administratif 1998, 632; Europe
1998 Act. No 238.

(5) Council Directive 92/50/EEC of 18 June 1992 relating to the coordination
of procedures for the award of public service contracts (OJ L 209,
24.7.1992, p. 1).

(6) Consiglio di Stato, sez. V, 23.4.1998, No 478, Foro amministrativo, 1998,

1090.

(1) Case C-15/96 Kalliope Schöning-Kougebetopoulou v Freie und Hansestadt

(7) Hoge Raad, X v Inspecteur der omzetbelasting, Beslissingen in belastingzaken,

Hamburg [1998] ECR I-47 (judgment given on 15 January 1998).

(2) Tribunal Supremo, Sala Tercera, de lo Contencioso-Administrativo,
27.4.1998, Asociacio´n de Empresas Frigorı´ficas de la Rı´a de Vigo v Administra-
cio´n General del Estado, Repertorio Aranzadi de Jurisprudencia, 1998,
No 3328.

(3) Turun Hovioikeus, 26.5.1998, No 1275/98.

1998, 83.

(8) 77/388/EEC: Sixth Council Directive of 17 May 1977 on the harmonisation
of the laws of the Member States relating to turnover taxes — Common
system of value added tax: uniform basis of assessment (OJ L 145,
13.6.1977, p. 1). See Article 13 A(1)(a).

(9) See Article 13 B(e).

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Still in the Netherlands, in a case concerning the Dutch authorities’
adoption of measures to prevent the spread of BSE (1), the Hoge
Raad declared that it could entertain reasonable doubts as to the
interpretation of Article 9(1) of Directive 89/662/EEC (2) as regards
the preventive measures to be taken by the Member States in the
event of diseases that can constitute a serious health hazard for
animals or humans. The Dutch measures had been taken pending
the adoption of Community measures based on the Directive. In
interlocutory proceedings, where there was no obligation to refer to
the Court of Justice doubts as to Community law, the Hoge Raad held
that there was no need to seek a preliminary ruling since it was likely
that the Court of Justice would give its ruling only after the entry into
force of comparable Community measures.

Question 2

Research revealed no decisions of this type.

Question 3

(Landesarbeitsgericht) Hamburg,

In Germany, the Bundesverfassungsgericht had a further occasion to
consider the scope of the Barber Protocol (3). In an Order made on
27 November 1997 (4) on an application for constitutional review by
the Regional Labour Court
it
declared that the statute governing the occupational social security
scheme for employees of the city of Hamburg was unconstitutional
since it excluded persons serving a working week below half the
normal number of hours. The statute entailed no sex discrimination
— on the facts of the case, none of the categories of persons excluded
from the scheme was composed predominantly of women — but it
was contrary to the general principle of equality. Unlike persons
working full-time or half-time, those working less than half the
normal working week have no pension entitlement. As there were no
valid grounds for this discrimination,
the statute was declared
unconstitutional.

The Bundesverfassungsgericht held that the Barber Protocol did not
preclude the adoption of a retroactive national non-discrimination
rule, since it did not relate to the application of national constitutional
rules over a given period of time. It also recalled that the Protocol
applied only to situations in which Article 119 of the EC Treaty
the
applied,
consequences of unconstitutionality were not limited in time.

i.e. sex-discrimination situations.

It concluded that

seeking to preclude the introduction of the euro in Germany. The
claimants submitted that the third stage of Monetary Union was to
commence on 1 January 1999 without the convergence criteria being
met. They grounded their application on violation of their right to
engage in public debate for the formulation of a European policy(6)
and on violation of their fundamental right to respect for property (7)
and freedom of action (8) by monetary measures which they argued
had negative effects on their assets and the value of the currency.

The Bundesverfassungsgericht held that Germany’s decision to partici-
pate in the third stage of Monetary Union was properly legitimised in
terms of the principle of democracy and did not violate the claimants’
constitutional rights. As it had already held in its Order of 12 October
1993 (9) on the conformity with the Basic Law of the Union Treaty
Ratification Act, the Bundesverfassungsgericht held that Germany’s
participation in the Monetary Union provided for by the Maastricht
Treaty was in conformity with the Basic Law, since the transfer of
powers by the German authorities to European authorities pursuant
to the Treaty was based on Article 88 of the Basic Law and on
parliamentary approval of the Treaty pursuant to Article 23. More-
over, both the Maastricht Treaty and the Basic Law conferred on
Parliament and the Federal Government the power to come to
discretionary conclusions and make forecasts — which could only be
based on probabilities — regarding compliance with the convergence
criteria. Under the Basic Law, responsibility for deciding to transfer
monetary sovereignty to the European Community lay with the
legislature; responsibility for implementation lay with the Govern-
ment.

The Bundesverfassungsgericht accordingly concluded that it was not
for the claimants, as owners of the currency, to seek constitutional
review of the decision on Germany’s move to the third stage of
Monetary Union.

By Order made on 22 June 1998 (10) the Bundesverfassungsgericht,
on the basis of its Order of 31 March 1998, dismissed an application
for constitutional review on the same subject.

in Germany, the Bundesgerichtshof (11) gave a judgment on
Still
5 February 1998 revising earlier case-law on comparative advertising
to reflect Directive 97/55/EC (12) that basically legitimises comparative
advertising. Cases decided before the Directive came into force
interpreted section 1 of the Unfair Competition Act as prohibiting
comparative advertising on principle, except where a comparison
was necessary for good reasons and was based on true facts.

By Order made on 31 March 1998 (5) the Bundesverfassungsgericht
dismissed as manifestly unfounded and accordingly inadmissible a
series of applications for constitutional review (Verfassungsbeschwerden)

(1) Hoge Raad, 19.6.1998, Productschap voor vee en vlees v Dutch State,

Rechtspraak van de Week, 1998, 131.

(2) Council Directive 89/662/EEC of 11 December 1989 concerning vet-
erinary checks in intra-Community trade with a view to the completion of
the internal market (OJ L 395, 30.12.1989, p. 13).

(3) Another decision relating to the Barber Protocol is considered supra.
(4) Bundesverfassungsgericht, Beschluß of 27 November 1997, 1 BvL 12/91,

Entscheidungen des Bundesverfassungsgerichts Bd. 97, p. 35.

(5) Bundesverfassungsgericht, Beschluß of 31 March 1998, 2 BvR 1877/97
and 2 BvR 50/98, Entscheidungen des Bundesverfassungsgerichts Bd 97,
p. 350.

(6) The claimants relied on Article 38(1) of the Basic Law, which provides for
the fundamental right to participate in the operation of the democratic
state by electing members of Parliament.

(7) Article 14(1) of the Basic Law.
(8) Article 2(1) of the Basic Law.
(9) Bundesverfassungsgericht, Urteil of 12 October 1993, 2 BvR 2134/92
and 2 BvR 2159/92 (‘Maastricht’), Entscheidungen des Bundesverfas-
sungsgerichts Bd 89, p. 155.

(10) Bundesverfassungsgericht, Beschluß of 22 June 1998, 2 BvR 532/98,

Juristenzeitung 1998, p. 306.

(11) Bundesgerichtshof, Urteil of 5 February 1998, I ZR 211/95, Entschei-

dungen des Bundesgerichtshofes in Zivilsachen Bd. 138, p. 55.

(12) Directive 97/55/EC of the European Parliament and of the Council of
6 October 1997 amending Directive 84/450/EEC concerning misleading
advertising so as to include comparative advertising (OJ L 290, 10.7.1998,
p. 18).

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Proceeding from a decision of the Court of Justice (1), the Bundesger-
ichtshof held that even before the end of the period allowed for
transposal of Directive 97/55/EC it must interpret national law in the
light of the Directive where possible. Since section 1 of the Unfair
Competition Act contained a general provision susceptible to broad
interpretation, it expressly departed from its earlier decisions and held
that comparative advertising was basically lawful, provided the
Directive’s requirements were met (2).

had taken the decisions of the Court of Justice in Hoffmann-La Roche
and Bristol-Meyers Squibb (5) relating to trade marks and applied them
by analogy to copyright. In its appeal
in cassation, the parallel
importer contested the application of these decisions to copyright,
arguing that the conditions laid down by the Court of Justice therefor
allowing the holder of a trade mark to oppose the marketing of the
protected products by a parallel importer were based on the specific
nature of the relevant products, which were pharmaceutical products.
The reasoning followed by the Court of Appeal in dismissing this
argument was upheld by the Court of Cassation.

A judgment (G2/97) by the Austrian Verfassungsgerichtshof given on
24 June 1998 considers the relationship between the principle of the
primacy of Community law and the functions of the Verfassungsger-
ichtshof regarding constitutional review of national legislation in the
national
legal order. The case concerned the Burgenländisches
Tourismus-förderungsgesetz (Promotion of Tourism (Burgenland)
Act) 1992, and in particular section 27(2) providing for a tax to
promote tourism in Burgenland on the basis of the net yield ‘within
the meaning of the VAT Act (Umsatzsteuergesetz) ’. In similar cases
(Promotion of Tourism Acts in Styria, Tyrol and Carinthia), the
Verwaltungsgerichtshof had sought preliminary rulings from the
Court of Justice on the question whether Article 33(1) of the Sixth
VAT Directive (77/388/EEC) precluded such taxes (i.e. whether this
was a form of VAT or not). The Verfassungsgerichtshof did not refer
the question to the Court of Justice but reviewed the statute for
constitutionality in relation to the domestic legal order. Its justification
for proceeding in this fashion was that there was no possible conflict
between its decision whether or not to annul the statute and the fact
that the effect of the primacy of Community law was that legislation
conflicting with Community law was automatically disapplied. The
Verfassungsgerichtshof declared that where it did not annul a statute
for incompatibility with the Austrian Constitution, it was for the
highest Austrian court exercising public-law jurisdiction to clarify the
question of compatibility with Community law (seeking a preliminary
ruling in appropriate cases). In the instant case, it held that it must
annul the phrase ‘within the meaning of the Umsatzsteuergesetz’,
since applying the phrase would render net yields not only in
Burgenland but throughout the country subject to the tax to promote
tourism.

In Belgium, the Court of Cassation gave a judgment on 12 June
1998 (3) confirming a judgment given by the Brussels Court of
Appeal (4) recognising the right of the holder of copyright in user
manuals to oppose marketing by a parallel importer of authentic
products lawfully marketed in the Community, together with photo-
copies of the original user manuals. The parallel
importer had
attached photocopies of the user manuals prepared by the copyright
holder in the language required by the Belgian Trade Practices Act,
which provide that manuals must be supplied in the language or
languages of the region where products are sold. The Court of Appeal

In Denmark the Supreme Court gave a judgment on 6 April 1998 (6)
confirming the judgment given by the Østre Landsret (7) dismissing
an action brought against the Prime Minister by 11 Danish citizens
supported by 777 intervenors, relating to the Maastricht Treaty. The
claimants disputed the compatibility of the transfer of powers from
the Danish authorities to the Community institutions with the
Constitution. Article 20(1) of the Constitution provides that ‘the
powers conferred on the authorities of the Kingdom by this Consti-
tution may, by statute and within specified limits, be transferred to
international authorities established by reciprocal agreements with
other States to promote international cooperation and the inter-
national legal order’. The claimants argued that the transfer of powers
flowing from the EC Treaty as amended by the Maastricht Treaty was
open-ended and could therefore not be effected by a statute pursuant
to Article 20. They submitted that the Constitution would first have
to be amended by the procedure prescribed by Article 88.

The Supreme Court rejected this argument, holding among other
things that ‘the Danish courts must disapply a Community instrument
in Denmark in the unlikely situation where it is found with all due
certainty that a Community instrument the validity of which has been
confirmed by the European Court of Justice has been enacted in
pursuance of the Treaty in a manner exceeding the limits of the
powers transferred by the Accession Act. The same applies by analogy
to the rules and principles of Community law based on decisions of
the European Court of Justice’.

In a case concerning the interpretation of Articles 48 and 67 of
Council Regulation (EEC) No 1408/71, the Tribunal Supremo in
Spain gave a judgment on 17 December 1997 (8) recognising the
primacy of decisions of the Court of Justice. Spanish social security
legislation entitles unemployed persons aged over 52 to a grant
providing they have completed the insurance periods required
for retirement pension. In earlier decisions the Tribunal Supremo
dismissed applications for the grant by persons who had completed
their insurance periods in other Member States since they had paid
no contributions in Spain and were therefore ineligible. The Tribunal
Supremo rectified its case-law, which was in conflict with that of the
Court of Justice, expressly recognising that Court of Justice decisions
must prevail.

(1) Case C-129/96 Inter-Environnement Wallonie v Région wallonne [1997] ECR

I-7411 (judgment given on 18 December 1997).

(2) Specifically Article 3a(1)(a) to (h).
(3) Court of Cassation, 12.6.1998, No C.97.0254 Bigg’s SA v Kenwood

Corporation et Kenwood SA.

(4) Court of Appeal, Brussels, 28.1.1997, No 1996/AR/144, Bigg’s SA v
Kenwood Corporation et Kenwood SA, Pasicrisie belge II, 1999, pp. 7 to 13.

(5) Case 102/77 Hoffmann-La Roche [1979] ECR 1139 (judgment given
on 23.5.1978) and Joined Cases C-427/93, C-429/93 and C-436/93
Bristol-Meyers Squibb [1986] ECR I-3457 (judgment given on 11 July
1996).

(6) Ugeskrift for Retsvæsen 1998.800H.
(7) Østre Landsret, judgment given on 27 June 1997, 3.asd.No.B-2131-96

(See 15th Report — 1997).

(8) Tribunal Supremo, Sala Cuarta, de lo Civil, 17.12.1997, Natividad S.L. v
Instituto Nacional de la Seguridad Social (INSS), La Ley 1998, No 4508, pp.
15 to 16.

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In a judgment given on 20 January 1998 (1), the Tribunal Supremo
dismissed an action by a national of another Member State who had
failed to obtain reimbursement of amounts seized in the course of
criminal proceedings based on national provisions held to be
incompatible with Community law following a preliminary ruling of
the Court of Justice (2). The Tribunal Supremo declined to order
reimbursement on the ground that, where the Court of Justice had
declared national provisions to be incompatible with Community
law, the decision had no retroactive effect in national law and that
the seizure already effected, although based on provisions declared
incompatible with Community law, generated no right to reimburse-
ment.

In two other decisions, the Tribunal Supremo refused to acknowledge
the direct horizontal effect of Council Directive 93/13/EC on unfair
terms in consumer contracts (3). Although a series of decisions given
in 1997 and 1998 had recognised this direct effect (4), the Tribunal
Supremo expressly denied the Directive’s direct horizontal effect in a
judgment given on 31 January 1998 (5), merely recognising that the
Directive was an important aid to interpretation of national law in
the light of Community law. In a subsequent judgment given on
13 November 1998 (6), the Tribunal Supremo declared that in earlier
decisions it had recognised the Directive’s direct horizontal effect but
now expressed doubts whether it was possible to do so. In this case,
however,
it gave judgment on the basis of the Spanish General
Contract Terms Act of 13 April 1998 (7), which, like the Directive,
prohibits unfair terms.

In France, the Conseil d’E´ tat gave a judgment of the Combined Court
(arrêt d’Assemblée) (8) disapplying national rules applicable to the
award of public works concession contracts on grounds of incompati-
bility with the objectives of Directive 89/440/EEC (9). The claimant
had applied to the Conseil d’E´ tat for annulment of a judgment of
the Administrative Court for Lyons dismissing his application for
annulment of the decision of the Council of the Lyons Urban
Community dated 18 July 1991 on the concession for the construc-
tion and operation of a road project. The claimant argued that, since
the national rules applicable to the award of public works concession

(1) Tribunal Supremo, Sala Segunda, de lo Penal, 20.1.1998 Friedrich J. P. v
Ministerio Fiscal, Repertorio Aranzadi de Jurisprudencia 1998, No 27.
(2) Joined Cases C-163/94, C-165/94 and C-250/94 Sanz de Lera and others

[1995] ECR I-4821 (judgment given on 14 December 1995).

(3) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer

contracts (OJ L 95, 21.4.1993, p. 29).

(4) See Tribunal Supremo, Sala Primera, de lo Civil, 20.2.1998 Ediciones
Océano Exito, SA v José Ramo´n B.F., Repertorio Aranzadi de Jurisprudencia
1998, No 604; 30.5.1998 Vicente Alfonso V. N. v A. S.A., La Ley 1998,
No 4598, pp. 4-5; 20.7.1998 Home English, Repertorio Aranzadi de
Jurisprudencia 1998, No 6192.

(5) Tribunal Supremo, Sala Primera, de lo Civil, 31.1.1998 Carlos Luis A. F. y
Unio´n de Consumidores de Espan˜a (UCE) v Banco Central Hispanoamericano
S.A., Repertorio Aranzadi de Jurisprudencia 1998, No 121.

(6) Tribunal Supremo, Sala Primera, de lo Civil, 13.11.1998 S.E., SA v Luis

L.C., La Ley 1998, No 4690, pp. 6-7.

(7) Ley 7/1998 of 13 April 1998 sobre condiciones generales de la contrata-

cio´ n (B.O.E. No 89, 14.4.1998).

(8) Conseil d’E´ tat, assemblée, 6.2.1998 M. Tête, Association de sauvegarde de
l’Ouest lyonnais; Actualité Juridique Droit Administratif 1998, 458; Revue
française de droit administratif 1998 p. 407, conc. Henri Savoie; Revue
trimestrielle de droit commercial et de droit économique 1998 p. 584;
La semaine juridique — édition générale, 1998 II 10109; Gazette du Palais
1998 No 217-218 II som. pp. 38-39.

(9) Council Directive 89/440/EEC of 18 July 1989 concerning coordination
of procedures for the award of public works contracts (OJ L 210,
21.7.1989, p. 1).

contracts did not provide for publicity measures, they were incompat-
ible with the objectives of Directive 71/305/EEC (10) as amended by
Directive 89/440/EEC, even though the latter Directive had not been
transposed in France at the time of the disputed decision (11).

The Conseil d’E´ tat held that, by providing for no publicity measures,
the national rules in question were incompatible with the objectives
of Directive 89/440/EEC and accordingly supplied no valid legal basis
for the disputed decision, which was accordingly ultra vires.

This confirms the tendency of the Conseil d’E´ tat to give the fullest
possible effect to Community Directives (12) even if they are not
transposed within the prescribed period (13).

By Decision 88-400 DC (14) the French Constitutional Council declared
that the Institutional Act determining the conditions for application
of Article 88-3 of the Constitution on the exercise of the right to vote
and stand as candidates in municipal elections by European Union
citizens not having French nationality residing in France, and
transposing Directive 94/80/EC (15) was constitutional.

Although it has always held, since its decision on the Abortion Act in
1975 (16), that despite the principle of the supremacy of international
treaties and agreements over statutes (Article 55 of the Constitution)
treaties are not among the parameters for the constitutional review
of statutes exercised by the Constitutional Council, the Council in
this case reviewed the Institutional Act in terms of Community law,
both primary and secondary. But given the constitutional source of
its review (17), the position taken by the Constitutional Council is not
likely to change the principle established by the abortion decision but
only to constitute an exception from the traditional case-law.

(10) Council Directive 71/305/EEC, amended many times, was consolidated
by Council Directive 93/37/EEC of 14 June 1993 concerning coordination
of procedures for the award of public works contracts (OJ L 199,
9.8.1993, p. 54).

(11) The Member States were required to take the necessary measures to
comply with it by 20 July 1990, but it was only with Act No 91-3 of
in tendering
3 January 1991 on transparency and proper conduct
procedures (JORF 5.1.1991, p. 236)
that France began meeting its
transposal obligation. Transposal was completed only on 31 March 1992,
when a Decree and an Order laying down publicity measures applicable
to concession contracts were adopted pursuant to the Act.

(12) For an example of a subsequent judgment, see Conseil d’E´ tat, assemblée,
Jurisclasseur droit administratif 1998

20.2.1998 Ville de Vaucresson,
No 80.

(13) In relation to public service contracts, see Conseil d’E´ tat, section,
20.5.1998, Communauté de communes du Piémont de Barr, Revue française
de droit administratif 1998, p. 609.

(14) Decision of the Constitutional Council 88-400 DC of 20 May 1998,
Revue française de droit administratif 1998 p. 671; Actualité Juridique
Droit Administratif 1998, 531; Europe 1998 Chronique No 5, p. 4.
(15) Council Directive 94/80/CE of 19 December 1994 laying down detailed
arrangements for the exercise of the right to vote and to stand as a
candidate in municipal elections by citizens of the Union residing in a
Member State of which they are not nationals (OJ L 368, 31.12.1994, p.
38).

(16) Decision of the Constitutional Council 74-54 DC of 15 January 1975,
Rec., p. 19; Grandes decisions du Constitutional Council, 9th ed., p. 305.
(17) By Article 88-3 of the Constitution, the constitutionality of the Insti-
tutional Act is expressly subject to compliance with Community law.

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On 7 April 1998 (in Laubeuf) the French Court of Cassation reversed
a judgment given by a Tribunal de Grande Instance on 6 July 1995.
The case concerned Laubeuf’s complaint against a tax decision, made
out of time in terms of national legislation, i.e. after 31 December in
the second year following payment of the disputed amount of tax.
the Tribunal de Grande Instance had declared the action
But
admissible by virtue of Emmott (1). Even so the Court of Cassation
annulled the judgment on the ground that it should have followed
the subsequent decision in Fantask (2).

Still in France, a judgment given by the Conseil d’E´ tat on 20 February
1998 concerning the town of Vaucresson raises the interesting
question whether an instrument transposing a directive may lay down
transitional provisions that have the effect of postponing the date on
which the directive enters into force beyond the prescribed date for
transposal.

The Court of Justice has held that Directive 85/337/EEC on the
assessment of the effects of certain public and private projects on the
environment excludes the possibility of procedures commenced after
the final date for transposal escaping its provisions (3). It has not ruled
on the applicability of the Directive to situations already existing at
the final date for transposal. Contrary to the Commission’s position,
the Advocate-General submitted that
the Member States could
dispense with environmental impact assessment for projects where
the approval procedure had begun before the final date transposal.

The Conseil d’E´ tat followed his line in connection with a directive
concerning the procedures for the award of public works contracts.
The decree transposing it provides that it does not apply to contracts
where the contractor was selected before 22 July 1990 and had
launched studies and preliminary work accordingly. The Government
Advocate’s argument in the Conseil d’E´ tat was that ‘it would be
contrary to the principle of certainty in the law and to respect for
legitimate expectations, given the cumbersome, slow and complex
nature of
the procedures for awarding motorway concessions,
to require immediate imposition of the directive’s new publicity
obligations, which would clearly presuppose the possibility of revers-
ing the selection’. The Conseil d’E´ tat took the view that the disputed
provisions were not contrary to the relevant directives’ objectives
since the exception provided for relates only to contracts for which,
prior to the date on which the directive was to take effect, the
authority awarding the concession had already embarked on the
selection of a contractor and had caused him to carry out certain
studies and work.

In Italy, the Constitutional Court assessed the impact of Community
law on national provisions relating to university education. It had
before it a case requiring constitutional review of a legislative
provision empowering the Minister for Universities and Scientific and
Technological Research to regulate access to specialised schools and
university departments and to impose a numerus clausus for admission
to them (4). The question fell for review in the light of the provisions
of the Constitution reserving the organisation of studies and access
to education for the legislature. It was argued that conferring on the

(1) Case C-208/90 T. Emmott v Minister for Social Welfare & Attorney General

[1991] ECR I-4292 (judgment given on 25 July 1991).

(2) Case C-188/95 Fantask A/S and others v Industriministeriet [1997] ECR

I-6820 (judgment given on 2 December 1997).

(3) Case C-396/92 Bund Naturschutz in Bayern eV, R. Stansdorf and others v

Freistaat Bayern [1994] I-3717 (judgment given on 9 August 1994).

(4) Constitutional Court, 27 November 1998, No 383, Da G.U. No 48 of

Minister the discretionary power to introduce a numerus clausus, in
the absence of prior determination by the legislator of general
principles governing access to universities, was an unwarranted
limitation on the powers of the legislature to the benefit of the
regulatory powers of the executive.

The Constitutional Court recalled that under the Constitution the
criteria for access to universities, and therefore the introduction of a
numerus clausus, were within the powers of the legislature, though
statutes could empower the executive to amplify the general rules it
laid down. If the powers conferred on the Minister were to comply
with the distribution of powers between the legislative and executive
branches, there must first be a statutory provision determining the
criteria for identifying the schools and universities to which access
could be limited. The Constitutional Court observed that the national
legislature had not determined criteria demarcating the discretionary
powers of the administration in this respect. But it stated that the
legal framework within which these criteria fell to be determined
included provisions of Community law on the organisation of
university studies, and in particular the directives on the mutual
recognition of qualifications and facilitating the effective exercise of
freedom of establishment and freedom to provide services in the
professions of doctor, veterinary surgeon, dentist and architect (5).
These placed the state under an obligation to achieve a specific result,
namely that its minimum standards of theoretical and practical
training be met. This being so, the possibility provided for by the
Italian legislature of introducing a numerus clausus for schools and
curricula providing the training to which the directives applied would
be merely one of the possible means of attaining the requisite result
for the purposes of Article 189 of the EC Treaty. The power conferred
on the Minister to limit access to university departments was
accordingly a provision of superior legislative status which, by
offering criteria for the selection of the studies to which access was
to be limited, was of such a nature as to obviate the risk of
arbitrary exercise of that power. The question raised concerning the
constitutionality of the disputed legislative provision was accordingly
held to be unfounded.

in Italy, the Court of Cassation (6) was required to rule on
Still
the compatibility of Directives 78/686/EEC and 78/687/EEC (7), as
interpreted by the Court of Justice in Case C-40/93 (8), with the
constitutional principles of equal treatment and the right to work.

(5) The Constitutional Court referred specifically to Council Directives
78/686/EEC of 25 July 1978 (OJ L 233, 24.8.1978, p. 1); 78/687/EEC of
25 July 1978 (OJ L 233, 24.8.1978, p. 10); 78/1026/EEC of 18 December
1978 (OJ L 362, 23.12.1978, p. 1); 78/1027/EEC of 18 December 1978
(OJ L 362, 23.12.1978, p. 7); 85/384/EEC of 10 June 1985 (OJ L
223, 21.8.1985, p. 15); 89/594/EEC of 30 October 1989 (OJ L 341,
23.11.1989, p. 19); and 93/16/EEC of 5 April 1993 (OJ L 165, 7.7.1993,
p. 1).

(6) Court of Cassation, sez. un., 13.2.1998, n. 1512, Giust. civ., 1998, I, 1935
and Court of Cassation, sez. un., 11.11.1997 n. 11129, Giust. civ., 1998,
I, 1026 (given on identical grounds).

(7) Council Directives 78/686/EEC of 25 July 1978 concerning the mutual
recognition of diplomas, certificates and other evidence of the formal
qualifications of practitioners of dentistry, including measures to facilitate
the effective exercise of the right of establishment and freedom to provide
services (OJ L 233, 24.8.1978, p. 1), and 78/687/EEC of 25 July 1978
concerning the coordination of provisions laid down by law, regulation or
administrative action in respect of the activities of dental practitioners (OJ
L 233, 24.8.1978, p. 10).

(8) Case C-40/93 Commission v Italy [1995] ECR I-1319 (judgment given on

2 December 1998, prima serie speciale, Constitutional Court.

1 June 1995).

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The claimants, holding medical degrees, relied on a national statute
allowing them to practice as dentists even though they had embarked
on their university medical
training after the final date set by
Article 19 of Directive 78/686/EEC. The national rules had been held
to be incompatible with the directives by that decision of the Court
of Justice finding that Italy had failed to discharge its obligations
under them.

Summing up guidelines given by the Italian Constitutional Court on
the relationship between internal and Community legal orders, the
Court of Cassation recalled that these were separate legal orders,
coordinated as to the distribution of powers by the Community
Treaties, and that a conflict between national provisions and Com-
munity law did not render the former invalid but meant that they
should be disapplied by the national courts; the constitutional review
exercised by the Constitutional Court may not extend to Community
provisions, which were not part of the internal legal order, but only
to statutes implementing treaties where their application might
provoke a violation of
the national
constitutional order or of inalienable human rights. The Court of
Cassation held that, in the event of an alleged conflict between a
Community instrument and the fundamental principles of
the
Constitution, the national courts must, for the purposes of a reference
to the Constitutional Court, check whether the conflict was so serious
that the very Treaty was in conflict with the Constitution, warranting
the radical remedy of Italian withdrawal from the European Union.

fundamental principles of

However, the Court of Cassation held that in practice this would not
happen as there was no conflict between the abovementioned
directives and Court of Justice decisions, on the one hand, and the
fundamental principles of the Constitution argued by the claimants,
on the other.

On 30 December 1997 the Italian Constitutional Court gave a
judgment (n. 443, Giustizia Civile, 1998 p. 609) that while reverse
discrimination is not penalised by Community law, differential
treatment between Italian firms and firms from other Member States
is contrary to Article 3 of the Constitution, which provides for the
principle of equality.

The question of constitutional legitimacy related to certain sections
of the Pasta (Industrial Manufacture) Act (No 580 of 4 July 1967),
which prescribe that no other ingredients may be used than those
specified or authorised by Ministerial Decree to be issued pursuant to
section 30. The Pretore at Pordenone considered that this was a
violation of the principle of equal treatment enshrined in Article 3 of
the Constitution, since national pasta producers are obliged to
produce pasta using only the ingredients authorised by Italian
legislation whereas importers may sell pasta from other Member
States produced in accordance with the rules applying in the country
of origin.

The Constitutional Court noted that the effect of the EC Treaty
principle of the free movement of goods was that Italy was obliged
to accept pasta lawfully marketed in another Member State. And in

Zoni (1) the Court of Justice had held that Act No 580/67 did not
meet mandatory requirements such as consumer protection, fair
trading or the protection of public health that might warrant a ban
on pasta imports from other Member States. The question of
constitutional
legitimacy, however, concerns the hypothesis of
reverse discrimination. The Constitutional Court acknowledged that
Community law did not require the legislature to repeal the Act as
regards pasta producers established in Italy but it also acknowledged
that
the Act were
contrary to Article 3 of the Constitution. It therefore declared them
unconstitutional since they did not allow pasta producers in Italy
to use ingredients lawfully used on the basis of Community law in
the EC.

Italian law certain sections of

in terms of

In the Netherlands, a judgment given by the Hoge Raad on
28 January 1998 (2) authorised a person taxable to VAT whose
business included the sale of narcotics to deduct input VAT. Yet
the Court of Justice had held (3) that illicit sales of narcotics were
not within the VAT rules. In the instant case, la Court of Appeal
(Gerechtshof) had held that the taxable person was not entitled to
deduct input taxes where the supply of narcotics was concerned (4).
The Hoge Raad, by contrast, considered that
the supplies and
services for which VAT had been charged upstream were used for
the purposes of the taxable person’s business activities. He was
accordingly entitled to deduct.

the House of Lords was called on to
In the United Kingdom,
consider Directive 77/187/EEC on the safeguarding of employees
rights in the event of transfers of undertakings, businesses or parts
of businesses (5) in Wilson and others v St Helens Borough Council (6).
The claimants, members of the staff of a state school, had been
made redundant when the school was transferred from one local
authority to another. The new authority had then hired them under
a new contract of employment at a lower salary. Their action
based on the Transfer of undertakings
(protection of employment)
Regulations 1981 and Directive 77/187/EEC reached the House of
Lords, which held that under the national Regulations, although
the transfer of an undertaking does not automatically terminate an
employment contract, this does not mean that an express dismissal
notified before, during or after the transfer is necessarily null and
void. An employed person cannot therefore oblige the transferee
to maintain his employment contract on the same terms as before.

(1) Case 90/86 [1988] ECR 4285 (judgment given on 14 July 1988).
(2) Hoge Raad, X v Inspecteur der omzetbelasting, Beslissingen in belastingzaken,

1998, 116.

(3) Case 269/86 Mol [1988] 3627 (judgment given on 5 July 1988).
(4) Gerechtshof Amsterdam, 9 January 1997, Beslissingen in belastingzaken,

1998, 116.

(5) Council Directive 77/187/EEC 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, 10.3.1977, p. 26).

(6) [1998] AER 609-634 (speeches given on 29 October 1998).

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The House of Lords specified that the Directive did not regard the job
itself as having to be maintained when an undertaking was transferred
if that protection did not already exist in national law. Under national
law the only right that the employee could exercise, and which was
secured by the Community Directive, was the right to damages for
unfair dismissal (1).

state to court, applying for suspension of the Act and for authorisation
to organise the Grand Prix without being subject to its restrictions
and for an order that the state should compensate them for the loss
sustained by reason of the enactment of the statute, allegedly in
violation of Community law. The actions were dismissed on both
counts.

In Jesuthasan v London Borough of Hammersmith and Fulham (2), the
Court of Appeal was hearing the action brought by a part-time
teacher employed by a local authority who had been dismissed at the
end of his temporary contract and considered that his dismissal was
unfair. In the United Kingdom, national unfair dismissal rules (3) do
not apply to part-time employees. The claimant, however, pleaded
the decision of the House of Lords in R v Secretary of State for
Employment, ex parte Equal Opportunities Commission, (4) holding that,
since women accounted for the greater proportion of part-time
workers, the failure of national unfair dismissal rules to part-time
employees was discriminatory and consequently incompatible with
Article 119 of
the EC Treaty and Directives 75/117/EEC and
76/207/EEC (5)

The Liège Court of Appeal, in an interlocutory Order made on 12 Feb-
ruary 1998 (7), began by restating the principle formulated by the
Court of Justice (8) that a Member State may be held liable, irrespective
of the body and of the action or omission constituting the infringe-
ment, even where it is the national legislature that is accused of the
infringement. It went on to consider the criteria established by the
Court of Justice, in particular the extent of the discretionary power
enjoyed by the legislature in the relevant field (9); having regard to the
proposed European directive, which also provides for a general ban
on advertising and sponsoring involving tobacco products, the Court
of Appeal concluded that it would be hard put to argue in the
circumstances that the Belgian State was guilty of a ‘serious violation’
of directly applicable Community law.

The Court of Appeal held on 26 February 1998 that the inapplicability
of the relevant national rules, which had already been declared
incompatible with Community law because they were discriminatory
and had accordingly been disapplied in an action brought by a
woman, must also be disapplied in an action brought by a man.

In its decision on the substance, the Tribunal de première instance at
Verviers (10) followed the same reasoning and dismissed the claimants’
arguments based on the broader rules governing the liability of the
state in Belgian law.

Question 4

The liability of the Belgian State was pleaded on two occasions
following the adoption of the Act of 10 December 1997 prohibiting
tobacco advertising (6). One of the effects of the Act, scheduled to
enter into force on 1 January 1999, would have been to jeopardise
the organisation of the annual Formula 1 Grand Prix at Spa Francorch-
amps. A large number of local firms and authorities took the Belgian

(1) For an interpretation of Directive 77/187/EEC, see Case C-399/96 SA
Europièces v Sanders(judgment given on 12 November 1998, not yet
reported). The Court held that it was for the referring court to determine
whether the employment contract proposed by the transferee entailed a
substantial change in terms of employment to the detriment of the worker.
If so, Article 4(2) required the Member States to provide that termination
was attributed to the employer (See paragraph 44, disp. 2).

(2) Court of Appeal (Civil Division), Jesuthasan v London Borough of Ham-

[1994] IRLR 176.

mersmith and Fulham, [1998] IRLR 372-376.
(3) Employment Protection (consolidation) Act 1978.
(4)
(5) Council Directives 75/117/EEC of 10 February 1975 on the approximation
of the laws of the Member States relating to the application of the principle
of equal pay for men and women (OJ L 45, 19.2.1975, p. 14), and
76/207/EEC of 9 February 1976 on the implementation of the principle
of equal treatment for men and women as regards access to employment,
vocational training and promotion, and working conditions (OJ L 39,
14.2.1976, p. 40).

(6) Tobacco Advertising (Prohibition) Act of 10 December 1997, M.B. 11 Feb-

ruary 1998, p. 3737.

Still in Belgium, the Tribunal de première instance at Brussels gave a
judgment on 13 February 1998 (11) holding the state liable for a
violation of Community law since it had not transposed Council
Directive 86/653/EEC on self-employed commercial agents within
the prescribed period (12). Article 17 of the Directive requires the
Member States to take the necessary measures to ensure that
commercial agents receive an indemnity or compensation in certain
circumstances. No indemnity was payable under the earlier Belgian
legislation, which was in force at the time of the facts in dispute. The
claimant, whose contract as self-employed commercial agent was
terminated after the date scheduled for transposal of the Directive but
before the national transposal legislation came into force (13), brought
an action to have the state declared liable. The Court held that the
claimant was in a situation in which the Directive entitled him to an
indemnity and ordered the state to pay it to him, applying the
calculation criteria provided for by the Directive.

(7) Court of Appeal, Liège, 12 February 1998, Revue de jurisprudence de

(8)

Liège, Mons et Bruxelles, 1998, 502-513.
Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame III
[1996] ECR I-1029 (judgment given on 5 March 1996).

(9) Case C-392/93 British Telecommunications [1996] ECR I-1631 (judgment

given on 26 March 1996).

(10) Tribunal de première instance, Verviers, 26 June 1998,
Tribunaux / Droit européen, 1998, No 53, 210-211.

Journal des

(11) Tribunal de première instance, Brussels, 13 February 1998, Revue de

jurisprudence de Liège, Mons et Bruxelles, 1998, 1261-1264.

(12) OJ L 382, 31.12.1986, p. 17.
(13) Belgian legislation transposed the Directive only in 1995, Commercial
Agency Contracts Act of 13 April 1995, M.B. 2 June 1995, p. 15621,
whereas Article 22(1) of the Directive required Member States to comply
before 1 January 1990.

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7.12.1999

In Italy, the Court of Cassation also considered the question of state
liability for loss sustained by reason of the late transposal of Directive
80/987/EEC (1) on the protection of workers in the event of the
employer’s insolvency. On the question of the legal status of the
indemnity payable under Decree-Act No 80/1992 transposing the
Directive to workers ineligible for the protection afforded by the
Directive since it was not transposed in the time allowed, there has
been some progress in the case-law of the Social Division of the
Court of Cassation. A decision given early in the year (2) confirms (3)
its tendency to hold that although loss sustained by reason of
failure to transpose a Community directive generates a right to
compensation, it does not flow from an unlawful act by the state; but
for the first time it declares, in a decision of 11 June 1998 (4), that the
relevant compensation flows ‘directly and immediately from the civil
liability of the state within the meaning of section 2043 of the Civil
Code’ (unlawful acts as a source of obligations). But the two decisions
do not differ as regards the criteria for calculating interest and
assessing the amounts due to the workers by way of indemnity. In
both decisions, interest and the assessment are to be calculated from
the date of the declaration of the employer’s insolvency, which is
regarded as the date on which the loss arose.

In the United Kingdom, in R v Secretary of State for Transport, ex parte
Factortame and others (5), the Court of Appeal upheld a decision of the
High Court (6) holding the Government of the United Kingdom liable
for a violation of Community law. The claimants, who were the
Spanish owners and operators of fishing vessels, had had the principle
that the Community-law ban on nationality discrimination was
violated by the Merchant Shipping Act 1988, which imposed
requirements as to the nationality, residence and domicile of the

(1) Council Directive 80/987/EEC of 20.10.1980 on the approximation of the
laws of the Member States relating to the protection of employees in the
event of the insolvency of their employer (OJ L 283, 20.10.1980, p. 23).
(2) Court of Cassation, sez. lav., 10.2.1998, n. 1366, Giust. civ., 1998, I,

1942.

(3) Court of Cassation, sez. lav., 9.1.1997, n. 133, Foro it., Mass., 1997, 14,

mentioned in the 15th annual report — 1997.

(4) Court of Cassation, sez. lav., 11.6.1998, n. 5846, Giust. civ., 1998, I,

2468.

(5) [1998] CMLR, vol. 3, 192-218 (judgment given on 8 April 1998).
(6) [1998] CMLR, vol. 3, 1353-1429 (judgment given on 31 July 1997).

owners, charterers and operators of fishing vessels in the United
Kingdom, recognised both by the English courts (7) and by the Court
of Justice (8). The claimants subsequently commenced an action for
damages in the High Court against the UK Government in respect of
the loss they had sustained by reason of the Act.

The High Court held that the violation of Community law was serious
enough to render the Secretary of State for Transport liable. On
appeal by the Secretary of State, the Court of Appeal upheld the High
Court’s decision. It stated the principle that, to prove the liability of
the legislature, it must be shown that the legislature had manifestly
and seriously exceeded its powers. It held that violation of the
fundamental principle of non-discrimination based on nationality
would as a general rule found the State’s liability for the resultant
loss.

The Court of Appeal approved the reasoning of the High Court,
which,
in the circumstances, had held that the purpose of the
residence and domicile requirements was indeed a form of nationality
discrimination, that the Secretary of State was aware that these
requirements necessarily caused the claimants to sustain a loss since
they prevented them from fishing in the context of the United
Kingdom quota, and that the Government of the United Kingdom
had used statutory means of achieving its purpose to avert the risk
that it would be frustrated by court actions, as the claimants could
not obtain interim relief without going to the Court of Justice. And
the Court of Appeal had particular regard to the position taken by
the European Commission, which had expressly opposed the Bill (9).

The Court of Appeal also stressed the fundamental importance of the
principle of Community law that had been violated and dismissed the
arguments presented for the Secretary of State that Community
provisions were unclear and had been ’reasonably’ interpreted by the
Government of the United Kingdom.

(7) House of Lords, R v Secretary of State for Transport, ex parte Factortame and

others [1991] AC 603 (speeches given on 9 July 1990).

(8) Case C-246/89 Commission v United Kingdom [1991] ECR I-4585 (judgment
given on 4 October 1991), and Case C-221/89 Queen v Secretary of State for
Transport, ex parte Factortame and others [1991] ECR I-3905 (judgment
given on 25 July 1991).

(9) Case C-246/89 Commission v United Kingdom [1991] ECR I-4585 (judgment

given on 4 October 1991).