Seventeenth annual report on monitoring the application of Community law (1999)
Date: 2001-01-30
Institutions: European Commission
Subjects: EU control, activity report, application of EU law

30.1.2001

EN

Official Journal of the European Communities

C 30/1

I

(Information)

COMMISSION

SEVENTEENTH ANNUAL REPORT

on monitoring the application of Community law

(1999)

(2001/C 30/01)

COM(2000) 92 final

(Submitted by the Commission on 23 June 2000)

C 30/2

EN

Official Journal of the European Communities

30.1.2001

Table of contents

1.

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

1.1.

Statistics for 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.2.

Transposal of Directives in 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.3. Graphical overview of all the infringement proceedings commenced or handled by the commission
during 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.4. Application by the Commission of Article 228 of the EC Treaty (developments in 1999)

. . . . . . . .

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6

7

9

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

10

2.1.

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

2.1.1.

General strategy for the internal market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2.

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

2.1.2.1. Entry and residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

2.1.2.3. Regulated professions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2.4.

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

2.1.3.

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

2.1.3.1. Articles 28 et seq. EC (ex 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 43 et seq. and Articles 49 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

10

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2.1.6.

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

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

2.1.6.2.

Intellectual 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

2.2.1.

Public enterprises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

22

22

22

23

23

24

25

26

27

28

29

2.3.

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

29

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

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

2.7.

BUDGET MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.7.1.

General points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.7.2.

Incorrect application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.7.2.1. Previously initiated proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.7.2.2. New proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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. Transposal of the applicable Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

ANNEXES

Annex I: Detection of infringement cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex II:

Infringement procedures — break down per stage reached, legal basis. Member State and sector .

Annex III:

Infringement of treaties, regulations and decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

41

41

43

44

46

47

51

54

54

56

58

59

60

60

61

62

64

64

64

64

65

65

65

65

65

65

67

72

93

Annex IV: Progress in implementing directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

119

Annex V:

Judgments of the Court of Justice up to 31 December 1999 not yet implemented . . . . . . . . . . . . . .

185

Annex VI: Application of Commuity Law by national courts: a survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

192

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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 responds to the requests expressed by the
European Council or the Council in relation to specific sectors.

1.

INTRODUCTION

Monitoring the application of Community law is a primary
task assigned to the Commission by Article 211 of the Treaty
establishing the European Community. The main tools used by
the Commission to accomplish this task are the infringement
procedure provided for by Article 226 of the Treaty and the
second referral to the Court of Justice provided for by Article
228 of the Treaty. These two procedures form the subject of
this report.

very active in detecting cases of non-conformity itself,
with 288 cases detected by the Commission in 1999,
including 16 resulting from parliamentary questions
and the resulting from petitions. Many of these cases
relate to the non-conformity of national measures
implementing directives or the incorrect application of
such measures:

The Commission’s activities during the year are highlighted
below, in the following sections:

— a statistical overview of the various stages involved in
monitoring the application of Community law, compar-
ing the 1999 figures with last year’s (point 1.1),

— the transposal of Community directives by the Member
States, an important element in the application of Com-
munity law (point 1.2),

— a graphical overview showing, by Member State, all the
infringement procedures commenced or handled by the
Commission during the year (point 1.3), and

— an overview of the application of the penalty mechanism
provided for in Article 228 of the Treaty (point 1.4).

1.1. Statistics for 1999

The statistics relating to the monitoring of the application of
Community law in 1999 reflect both the importance attributed
by citizens to this task and the Commission’s unwavering
commitment to its role as guardian of the Community legal
order:

— the number of complaints received by the Commission
continued to rise, increasing by 16 % from 1 128 in 1998
to 1 305 in 1999. The Commission also continued to be

the directives fell

— 1 075 letters of formal notice were issued in 1999,
similar to the figure of 1 101 in 1998. It should be
emphasised that the number relating to non-notification
of national implementing measures rose (706 in 1999
compared with 615 in 1998) while the number relating
to non-conformity of national implementing measures
(from
or incorrect application of
486 in 1998 to 369 in 1999). There is no obvious, or
at any rate no proven, causal link. The Commission is
aiming to monitor systematically the conformity of
legislation with Community legislation, and
national
more specifically with the directives, so that it can take
action as far as possible before individual complaints
are received. Such systematic monitoring will be greatly
helped by the enhanced role of the letter of formal
following the
notice in the infringement procedure,
various improvements introduced by the Commission
into its system for handling infringement procedures
since 1996. The letter of formal notice must be used
for its true purpose, i.e. purely as a means of requesting
information and in no way expressing the Commission’s
legal position, the latter being fixed by the reasoned
opinion,

— the number of reasoned opinions issued in 1999 fell by
32 %, from 675 in 1998 to 460 in 1999. This basically
reflects a return to normal after the special effort made in
1998 to reduce the delays in implementing this type of
Commission decision,

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— the number of cases referred to the Court of Justice rose
to 178 in 1999, compared with 123 in 1998. The number
of referrals to the Court remains low in comparison with
the number of letters of formal notice issued (16,5 %),
which indicates the efficacy of the pre-litigation pro-
cedure. The increase in the number of referrals to Court
reflects the faster handling of infringement proceedings,
which continues to improve,

— the speed of handling cases continued to rise in 1999:
529 of the 722 letters of formal notice sent to Member
States in 1999 related to infringement procedures com-
menced in the course of the year, i.e. 73 % as against
48 % in 1998. There was also a substantial speed
improvement for reasoned opinions, with 26 % of the
reasoned opinions issued in 1999 relating to procedures
commenced in 1999, as against 19 % in 1998,

— at the same time, the number of termination decisions fell
slightly (by 3,2 %), from 1 961 in 1998 to 1 900 in 1999.
Nevertheless, this is still a large number of cases resolved
with regard to the application of Community law,

— finally, the Commission continued with its policy of trans-
parency in 1999, issuing 221 press releases about infringe-
ment proceedings. And of course a press release will often
cover several separate infringement proceedings.

These few statistics demonstrate that infringement proceedings
are being handled more efficiently than ever, no doubt due to
the Commission’s latest administrative reforms in this field.

1.2. Transposal of directives in 1999

The table below gives an overall picture of
the rate of
notification of national measures implementing all the direc-
tives applicable on 31 December 1999.

On 31 December 1999 the Member States had on average
notified 94,53 % of the national measures needed to implement
the directives. This is slightly down on the 1998 figure of
95,70 %. This rate of transposal shows that the Member States
need to make a greater effort. Although, in absolute terms, an
average delay in transposal of less than 6 % of the directives
applicable is not highly significant, it has important conse-
quences for the functioning of an integrated economic area and
covers obvious infringement situations, differing in seriousness
from one Member State to another. The Commission therefore
has a duty here to ask Member States to improve their
implementation of Community directives.

Member State

Number of directives
applicable on
31 December 1999

Number
of directives
for which
implementing
measures have
been notified

Percentage
notification rate on
31 December 1999

Percentage
notification rate on
31 December 1998

Denmark

Spain

Netherlands

Finland

Sweden

Germany

United Kingdom

Austria

Belgium

Italy

Ireland

France

Portugal

Luxembourg

Greece

Total or EC average

1 499

1 502

1 505

1 498

1 500

1 507

1 504

1 501

1 505

1 504

1 499

1 505

1 507

1 503

1 503

1 508

1 456

1 449

1 447

1 436

1 437

1 439

1 435

1 425

1 428

1 416

1 411

1 412

1 407

1 402

1 383

1 426

97,13

96,47

96,15

95,86

95,80

95,49

95,41

94,94

94,88

94,15

94,13

93,82

93,36

93,28

92,02

94,53

98,21

97,39

96,64

97,11

97,04

96,71

96,36

95,00

94,72

93,62

95,52

94,44

94,80

94,17

93,82

95,70

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Compared with 1998, the figures for 1999 show that some
progress has been made in some areas: Italy, for example, has
jumped five places in the transposal rate ranking thanks to its
efforts in 1999.

At the opposite extrerne,
in contrast, the transposal rate
achieved by Greece continues to give cause for concern (falling
from 93,82 % in 1998 to 92,02 % in 1999).

All the other Member States managed a slightly lower trans-
posal rate in 1999 than in 1998.

The summary table at the end of Part 1 of Annex IV to this
report shows the detailed transposal rate for each Member
State and each sector in 1999.

1.3. Graphical overview of all the infringement proceed-
ings commenced or handled by the Commission
during 1999

The three tables below show the numbers of infringement
proceedings in motion on 31 December 1999, at the three
separate stages: letter of formal notice, reasoned opinion and
referral to the Court of Justice. One Member State heads all
in every case well clear of the
three infringement tables,
runner-up. It should also be noted that this same Member
State is the one against which the largest number of complaints
was lodged in 1999 (225 out of 1 305, or 17 % of the total).

The tables also show the same three Member States (France,
Italy and Greece) occupying the first three positions at all three
procedural stages, while the position occupied by other
Member States recedes significantly as the procedure advances,
which would seem to indicate greater efficacy in applying
Community law before the Commission is reduced to referring
the case to the Court of Justice.

Cases in motion on 31 December 1999 at the letter of formal notice stage, by Member State

250

236

200

150

100

50

160

154

142

136

 114 

112

109

98

96

83

77

46

43

40

0

France

Italy

Greece

Germany

Belgium

Portugal

Spain

Austria

United Kingdom
Ireland
Luxembourg

Netherlands

Sweden

Finland

Denmark  

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Cases in motion on 31 December 1999 at the reasoned opinion stage, by Member State

144

94

87

160

140

120

100

80

60

40

20

0

67

61

 54

52

50

49

45

42

35

14

13

9

France

Italy

Greece

Belgium

Germany

Ireland

Portugal

Spain
Luxembourg

Austria
United Kingdom

Netherlands

Sweden

Finland

Denmark

Cases in motion on 31 December 1999 before the Court of Justice, by Member State

63

44

70

60

50

40

30

20

10

0

34

29

23

 20

19

18

12

10

9

7

2

2

1

France

Italy

Greece

Luxembourg
Belgium

Ireland

Germany

Portugal

Spain

United Kingdom
Austria

Netherlands

Sweden

Denmark

Finland 

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1.4. Application by the Commission of Article 228 of the

EC Treaty (developments in 1999)

In 1999 the Commission adopted four decisions to refer cases
to the Court of Justice for a second time with requests for
imposition of a penalty payment. These four cases were against
Belgium, Greece, France and Luxembourg. All concern social
affairs legislation (whereas the 1998 second-referral decisions
legislation). One of these
mainly concerned environmental
four cases (France: night work by women) was actually brought
before the Court in 1999, and the other three referrals were
still being prepared on 31 December 1999.

Four other cases were before the Court on 31 December 1999,
three against Greece and one against France.

Finally, in 1999 the Commission found itself able to terminate
four other cases (against Greece, France, Italy and Luxembourg)
which it had decided to refer to the Court with a request for a
penalty payment, but which it had not actually got as far as
referring to the Court.

These facts confirm that the penalty system introduced by the
Maastricht Treaty has a dissuasive effect: the Court has not so
far had to impose any penalties for non-compliance with its
judgments, since Member States normally come into line with
Community law as soon as the case is referred to the Court for
a second time or even before the Commission has gone
through with its decision to involve the Court.

Member State

Subject

Date of decision to refer
the case to the Court,
or date of actual referral

Stage of proceedings
on 31 December 1999

Belgium

Funding of students.
Discrimination based on
nationality

Decision to refer: December Referral
1999

tion

in prepara-

Greece

Recognition of diplomas

Referral: May 1998

Before the Court

Penalty
demanded
by the
Com-
mission
(EUR/day)

43 400

41 000

Public service contracts

Decision to refer: June 1998 Terminated in

December 1999

39 975

Access to public-sector jobs

Decision to refer: July 1999 Application not yet

presented

Waste — Dumping in Crete

Referral: June 1997

Before the Court

France

Wild birds Directive

Referral: October 1998

Terminated in
December 1999

57 400

24 600

105 500

Night work by women

Referral: April 1999

Before the Court

142 425

Italy

Treatment of wastewater

Luxembourg Access to public-sector jobs

Decision to refer: December Terminated in July
1998

1999

185 850

Decision to refer: December Terminated in July
1998

1999

14 000

Medical treatment on board vessels Decision to refer: December Referral

in prepara-

1999

tion

6 000

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2. SITUATION SECTOR-BY-SECTOR

2.1. Internal market

2.1.1. General strategy for the internal market

In its communication of 18 February 1999 (1), the Commission
evaluated the implementation of its Action Plan (2) which
expired on 31 December 1998. Judging by the results, it has
been a success; in most (but not all) cases, the given aims have
been achieved. Three of the four proposals for legislation
regarded as essential to the creation of the legislative frame-
work have been adopted. The discussions concerning taxes
have also been given fresh impetus. In addition, the Com-
mission and the Member States have during the course of the
Action Plan made progress towards more effective enforce-
ment of legislation and an improved legislative framework.

In November 1999, the single market scoreboard showed that
the Member States had made progress in transposing directives
relating to the internal market. The percentage of directives
not yet transposed in one or more Member States fell by half
within two years and is now around the 12 % mark. The
non-transposal rate for each Member State also dropped
significantly: only five Member States still have a rate more
than 5 %.

In a communication dated 24 November (3) the Commission
presented its ‘Strategy for the internal market’ which set out its
strategic aims for the next five years (2000 to 2004): to
improve the quality of life of European citizens, to enhance
the efficiency of Community product and capital markets,
to improve the business environment, and to exploit the
achievements of the internal market in a changing world. A
series of operational objectives has also been defined, with
each covering a particular policy dimension that contributes
to the achievement of one or more strategic objectives. In
order to achieve these operational objectives, short-term
priorities are identified as ‘target actions’.

The target actions to improve the effectiveness of the legal
framework include steps by the Member States to reduce their
rate of non-transposal to less than 1,5 % by the end of 2000,
and the launch of a pilot project offering Community support
for national initiatives in the field of administrative cooper-
ation. This pilot project
takes over from the KAROLUS
programme for the exchange of officials, which expired at the
end of 1999.

(1) Communication from the Commission to the Council and the
European Parliament — Assessment of the Single Market Action
Plan. June 1997 — December 1998; COM (99) 74, 18 February
1999.

(2) Communication from the Commission to the Council — Action

Plan for the Single Market: CSE (97) 1 final. 14 June 1997.

(3) Communication from the Commission to the European Parlia-
ment and the Council — The Strategy for Europe’s Internal
Market: COM (1999) 624 final, 24 November 1999.

Simpler and better-quality legislation are still among the
most important political priorities. On 25 February (4), the
Commission presented its recommendations, drawn up during
the third phase of the SLIM initiative, concerning legislation in
the field of insurance, coordination of social security schemes
and the directive on electromagnetic compatibility. The phase
four teams have completed their work and drawn up rec-
ommendations for simplifying Community legislation in the
fields of company law,
the classification, packaging and
labelling of hazardous substances, and pre-packaging. The
business test panel set up under a pilot project in 1998 has
been consulted in connection with the proposal for a directive
on electrical and electronic equipment wastes.

Finally, the dialogue with citizens and business launched at
the Cardiff European Council provides information, via the
telephone and Internet, on how to exercise the rights conferred
by Community law. It also provides feedback on the problems
encountered in doing so and thus enables specific conclusions
to be drawn for improving the workings of the internal market.
A business website (http://europa.eu.int/business) was set up
in December 1998 as part of the dialogue with business and
provides ready access to a wide range of useful information on
doing business in the single market.

2.1.2. Free movement of persons and citizenship of the

Union

2.1.2.1. Entry and residence

On 17 March 1999, the Commission submitted a report to
the Council and the European Parliament on implementation
of Directives 90/364/EEC, 90/365/EEC and 93/96/EC (right of
residence) (5). This report looks at how the three Directives
have been applied to the right of residence of students,
pensioners and other persons not in employment.

On 19 July 1999, the Commission submitted a communication
to the Council and the European Parliament on the special
measures concerning the movement and residence of citizens
of the Union which are justified on grounds of public policy,
public security or public health (Directive 64/221/EEC) (6), in
which it drew attention to some of the main difficulties
involved in implementing the Directive and provided general
guidelines and information on how these difficulties can be
tackled.

(4) Report from the Commission to the Council and the European
Parliament — Results of the third phase of SLIM and follow-up of
the implementation of the recommendations of the first and
second phases: COM(1999) 88, 25 February 1999.

(5) COM(1999) 127 final.
(6) COM(1999) 372 final.

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2.1.2.2. Right to vote and stand in elections

Belgium passed legislation transposing Directive 94/80/EC on
27 January 1999, which means that this Directive has now
been transposed by all the Member States.

On 30 July 1999, the Commission sent a reasoned opinion to
Germany regarding its failure to properly transpose Directive
93/109/EC. The German transposal legislation requires EU
citizens resident in Germany to apply for inclusion on the
electoral list before each European Parliament election — a
requirement which contravenes Articles 9(4) of the Directive.

The Commission issued to Germany on 30 July two reasoned
opinions concerning the failure of two Länder, Bavaria and
Saxony, to properly transpose Directive 94/80/EC. The trans-
posal
legislation passed by these two Länder requires EU
citizens resident in Germany to apply for inclusion on the
electoral list before each municipal election; this constitutes an
infringement of Article 8(3) of the Directive.

On 11 August 1999, the Commission issued a reasoned
opinion to Greece because of its failure to properly transpose
Directive 94/80/EC. The Commission drew attention to a
number of points on which Greek legislation does not comply
with the Directive, in particular the rule whereby persons are
only entitled to vote if they have knowledge of the Greek
language and have been resident in Greece for at least two
years.

2.1.2.3. Regulated professions

Court of Justice decisions

In its preliminary Judgment in Case C-234/97 Ferna´ndez de
Bobadilla v Prado Museum (1), the Court looked in detail at the
concept of
‘regulated professions’ within the meaning of
Council Directives 89/48/EEC and 92/51/EEC on a general
system for the recognition of higher-education diplomas. One
particular point that emerges from this Judgment is that
provisions of a collective agreement regulating,
in general
terms, access to or the pursuit of a profession are likely to
constitute laws, regulations or administrative provisions for
regulating a profession as referred to in Article 1(d) of
Directive 89/48/EEC and Article 1(f) of Directive 92/51/EEC
— especially when this is the result of a unified administrative
policy laid down at national level.

Non-compliance with Judgments of the Court

With regard to the infringement proceedings instituted under
Article 228 of the EC Treaty (failure to comply with a Judgment

(1) Judgment of 8 July 1999, not yet reported.

of the Court), it should be mentioned that the two sets of
proceedings against Italy and France concerning the freedom
of tourist guides to provide services Judgments given on
26 February 1991 in Cases C-180/89 (2) and C-154/89 (3)) have
both been dropped. Italy has adopted national implementing
measures and notified the Commission accordingly, and in
France the draft decree previously notified to the Commission
has been adopted.

Following the second referral to the Court, with a request for
a financial penalty, of the case concerning Greece’s failure to
notify measures transposing Directive 89/48/EEC (first general
system for the recognition of higher-education diplomas) (cf.
Court judgment of 23 March 1995 in Case C-365/93 (4),
proceedings are still pending (Case C-98/197).

As regards other judgments of the Court not yet implemented,
mention should be made of the judgment issued on 22 March
1994 (Case C-375/92 (5), against Spain concerning the freedom
of tourist guides to provide services, scrutiny of the new
decrees on the exercise of that profession adopted by the
Autonomous Communities in cooperation with the Spanish
authorities revealed that some amendments still need to be
made to certain regional laws. The Commission is waiting for
amended provisions to be adopted.

Cases pending before the Court of Justice

The Commission has referred the following cases to the Court:

— a case against Spain concerning the conditions for
acquiring Spanish diplomas
specialist doctors
(Article 8 of Directive 93/16/EEC on the free movement
of doctors and the mutual recognition of their diplomas),

for

— a case against France concerning non-recognition of
qualifications obtained in other Member States by divers
for high-pressure environments, even though this occu-
pation is covered by Directive 92/51/EEC, which sup-
plements the general system for the recognition of
professional education and training,

— a case against Italy concerning the provision of services
by lawyers and the establishment of legal practices: firstly,
Italian legislation restricts the opening of a legal practice
in Italy, which is in contravention of the judgment given
by the Court in Case C-55/94 Gebhard (6), and secondly,
Directive 89/48/EEC (first general system for the recog-
nition of higher-education diplomas) has not been fully
transposed in relation to the legal profession.

(2) Judgment of 26 February 1991, ECR I-709.
(3) Judgment of 26 February 1991, ECR I-659.
(4) Judgment of 23 March 1995, ECR I-499.
(5) Judgment of 22 March 1994, ECR I-923.
(6) Judgment of 30 November 1995, ECR I-4165.

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It should also be mentioned that in Case C-98/259 against
Germany concerning access to the dental profession (Council
Directives 78/686/EEC and 78/687/EEC) and particularly
admission to the social security register of Community
nationals, the Commission has discontinued proceedings fol-
lowing notification from Germany of legislation putting an
end to this infringement.

National implementing measures

The Commission has decided to bring a case before the Court
of Justice against Greece for its failure to give notification
of measures to implement Commission Directive 97/38/EC
amending Directive 92/51/EEC.

In 1999, proceedings were instituted against some Member
States for failure to give notification of measures to transpose
Commission Directives 98/21/EC and 98/63/EC updating the
lists of medical specialisations in Council Directive 93/16/EEC
on the free movement of doctors and the mutual recognition
of their diplomas:
following notification of implementing
measures, proceedings, against Germany, Greece, Spain, Italy,
Luxembourg, Austria, Finland and the United Kingdom con-
cerning Directive 98/21/EC were discontinued, as were the
proceedings against Belgium, France, Italy, Austria and Sweden
concerning Directive 98/63/EC. The Commission decided in
connection with Directive 98/21/EC to bring cases before the
Court of Justice against Ireland, the Netherlands and Portugal.
A reasoned opinion has been sent to Spain, Ireland, the
Netherlands and Portugal concerning Directive 98/63/EC.

In 1999, proceedings against Austria were instituted and set
aside in connection with Council Directives 78/686/EEC and
78/687/EEC (mutual recognition of dentists’ diplomas and
coordination of their training), with respect to which Austria
had been granted an additional deadline until 31 December
1998 for their transposal.

Incorrect transposal and incorrect application of directives

In 1999 the Commission received around 20 complaints
concerning restrictions in breach of Articles 43 and 49 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.

A number of proceedings already in motion against Member
States for incorrect transposal or incorrect application of
directives were continued. Examples include the case against
Spain concerning the duration of
the training of nurses
responsible for general care, in which the Spanish authorities’
response to the reasoned opinion is still being examined.

In 1999,
the Commission issued a reasoned opinion to
Belgium concerning the conditions imposed on the provision
of architectural services: the existing procedure in Belgium is
too slow, cumbersome and expensive, and contravenes Council
Directive 85/384/EEC (on the mutual recognition of architects’
diplomas), in addition to which excessive use is made of the
rule stating that the professions of architect and building
contractor are incompatible.

The Commission also sent a reasoned opinion to Austria
regarding conditions for the allocation of posts as panel
doctors, this is because of the discriminatory nature of the
points scheme set up by the provinces (which favours persons
born in the province concerned, as well as their descendants).

Finally, with respect to the case against Spain concerning the
conditions of recognition of dentists’ diplomas obtained in
Latin America (proceedings mentioned in previous reports),
referral to the Court of Justice is still suspended. The renego-
tiations initiated by the Spanish authorities with a view
international agreements on
to amending the clauses of
recognition of higher-education qualifications are still going
on.

Dialogue with the national authorities

As a means of consolidating administrative cooperation and
resolving problems quickly, the Commission in 1999 maintai-
ned regular contacts with the national authorities through
the group of coordinators for Directives 89/48/EEC and
92/51/EEC (general system for the recognition of diplomas)
and committees of high-level officials (on public health, for
example).

2.1.2.4.

Independent commercial agents

As regards the infringement proceedings instituted against
Italy for failure to fully transpose Directive 86/653/EEC, which
were mentioned in the previous report, Italy amended its
legislation on 15 April 1999, which brought it into line
with the Commission’s observations. The proceedings were
therefore discontinued.

2.1.3. Free movement of goods

2.1.3.1. Articles 28 et seq. of the EC Treaty (ex Articles 30 et seq.

of the EC Treaty)

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 1999, the number of new cases opened by the
Commission rose to 257, of which around 100 were con-
cerned with a single matter (the dioxin crisis). As at 31 Decem-
ber 1999, there were 345 infringement cases pending.

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In 1999, the litigation surrounding the free movement of
goods tended to involve the same complexity as in previous
years. 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. 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 1999, these meetings took place with
all the Member States except Luxembourg and the Netherlands.
In general, the success rate of these meetings is high: of all the
cases examined, around 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.
Although the number of disputed cases increased over the last
year, they still account for only a small percentage (15 %) of
the cases discussed.

The practice of bringing together once a year the chairmen of
the national delegations participating the package meetings
was retained in 1999, with the meeting taking place in
February. At this and the various other package meetings held
in 1999, attention was focused on the need to apply mutual
recognition arrangements more effectively, since this would
offer a simple solution to a large proportion of the cases
recently referred to the Commission (problems of mutual
recognition for detergents containing bleach, steel profiles,
rubber products, etc.). In this respect, the package meetings
have provided a framework for seminars on mutual recog-
nition for the benefit of both centralised and decentralised
national authorities responsible for its enforcement.

Prime among the sectors in which Community action was
most called for in 1999 was the foodstuffs industry; this was
because of the large number of complaints from Belgian
operators affected by the restrictions imposed by the other
Member States in response to the dioxin crisis. Given that this
situation is of a transitory nature, the motor industry still
accounts for the largest number of cases. Although the
Commission managed in 1998 to solve problems with France,
Portugal and Germany, 1999 saw new problems emerge
involving Spain in particular. The competent national auth-
orities have now simplified the registration procedure for cars
and motorcycles imported by individuals.

As in previous years, the Commission has frequently received
complaints from operators concerning the marketing of food
supplements, as well as food products enriched with vitamins
and nutrients. Parallel imports of pesticides and pharmaceutical
products, and the criteria for setting the prices of the latter, are
other fields where intervention by the Commission continues
to be called for by Community operators.

The following cases were referred to the Court of Justice by
the Commission in 1999:

— a case against France concerning the marketing of food
products enriched with vitamins and supplements being
made subject to a protracted and costly authorisation
procedure; a case against Germany and Austria concern-
ing the automatic classification of vitamin-enriched food
supplements as medicines when a given threshold is
exceeded; and a case against Belgium concerning the
obligation to affix an identification number, by unit of
product, on food supplements (nutrients),

— a case against France concerning the failure to include a
clause of mutual recognition in rules governing rubber
products, and a case concerning the non-recognition,
under rules relating to precious metals, of sponsors’
marks and fineness marks denoting a fineness of 999
parts per thousand used in other Member States.

The Commission decided to refer the following cases to the
Court in 1999:

— cases against Italy and Spain concerning the banning of
the sale of chocolate containing fats other than cocoa
butter.

During the year, the Commission also sent reasoned opinions
to Austria (import of medicines, health labelling of foodstuffs),
France (parallel imports of medicines), Italy (import and export
of unrefined gold) and Greece (marking requirements for
ceramic tiles, target price of non-alcoholic beverages, regis-
tration of imported heavy goods vehicles).

As regards judgments of the Court of Justice, a number of
preliminary rulings tying in with cases of infringement being
dealt with the Commission should be mentioned:

— judgment of 3 June 1999 in Case C-33/97 Colim NV (1),
in which the Court ruled that a Member State may not,
on the basis of a language requirement, prevent the sale
of a product legally offered for sale in another Member
State if consumers are fully informed by means of the
product’s elements of labelling (such as drawings, symbols
or pictograms),

— judgment of 11 March 1999 in Case C-100/96 British
Agrochemicals (2) in which the Court stated that a phyto-
pharmaceutical product imported from another EU Mem-
ber State or member country of the EEA and covered by
a marketing authorisation in the country concerned, and
which may be regarded as identical to a product covered
by a marketing authorisation granted by the importing
country in accordance with Community law, may not be
made subject to further authorisation.

(1) Not yet reported.
(2) [1999] ECR I-1499.

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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 required to notify the Commission of the national
measures constituting exceptions to the principle of the free
movement of goods. During 1999, notification was given for
only 26 national measures, most of which related to the sale
of medical equipment and electrical appliances.

2.1.3.2. Preventive rules provided for by Directive 98/34/EC (1)

(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. The Directive obliges
Member States to submit to the Commission, and to each
other, their drafts of new technical regulations for monitoring
of compliance with internal market rules before they are finally
adopted. This procedure was previously concerned only with
products, but was extended on 5 August 1999 to include
information society services. The aim of Directive 98/48/EEC,
amending Directive 98/34/EC, is to guarantee a solid, trans-
parent and consistent
regulatory framework by making
national initiatives for legislation specifically concerned with
information society services subject to the same consultation
arrangements between the Commission and the Member States
as have proved successful with regard to goods.

In 1999, the Commission received 591 drafts of technical
regulations (including 13 relating to rules on information
society services) which were scrutinised by the relevant
departments. This compares with 900 for 1997 (2) and 604 for
1998 (3). 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 591 drafts received by the Commission in 1999, 44 (4)
required a detailed opinion recommending changes to the

(1) 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, and was
amended by Directive 98/48/EC of the European Parliament and
of the Council of 20 July 1998 which extends the information
procedure to the rules on information society services (OJ L 217
p. 18).

(2) Statistics on the regulations notified in 1997 are published in OJ

C 281, 10.9.1998, p. 3.

planned measure in order to eliminate any unjustified barriers
to the free movement of information-society goods or services
which might arise a s a result. The Member States, for their
part, issued 97 (4), detailed opinions. In one case (5), measures
were postponed for a year because a draft directive on the field
in question is already before the Council (6).

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, the Commission
starts a dialogue with the Member State concerned in order
to rectify the situation, or even commences infringement
proceedings under Article 226 of the EC Treaty. At the end
of 1999, preparatory work was under way on around
15 procedures of this type.

Furthermore, on 11 May 1999, the Court of Justice clarified,
as part of a preliminary ruling in Cases C-425/97 to C-427/97
(Albers), the scope of the exemption from the notification
requirement applying to measures transposing Community
acts: a measure which, among other things, prohibits a given
substance from being administered to bovine animals in order
to meet the requirements of a Community directive is deemed
to be a technical regulation if it is of a mandatory nature.
However, the State which adopted it is exempted by Article 10
of the Directive from the requirement that
it notify the
Commission.

On 3 June 1999, the Court also provided clarification in
Case C-33/97 (Colim) regarding the concept of the technical
regulation and the conditions under which a measure
replacing an already existing technical regulation is subject
to notification requirements. A national measure which,
without laying down any new or additional specifications,
reproduces or replaces technical regulations already in place
and (if adopted after
the entry into force of Directive
83/189/EEC) duly notified to the Commission, should not
be regarded as a draft? technical regulation nor, therefore, as
being subject to notification. The Court also stated in this
judgment that language requirements relating to labelling,
instructions for use and the guarantee certificate might, even
though they do not constitute technical regulations within
the meaning of the Directive, give rise to barriers to trade
within the Community.

2.1.3.3. Harmonised legislation

Questions on agricultural products are dealt with in point
2.13.2.

(3) Statistics on the regulations notified in 1998 are published in OJ

C 228, 11.8.1999, p. 7.

(4) As at 31 December 1999. The time-limit for issuing detailed
opinions on draft regulations reported in 1999 ends on 31 March
2000.

(5) As at 31 December 1999. The time-limit for notifying Member
States of requests for postponements of 1999 notifications ends
on 31 March 2000.

(6) Proposal for a Directive of the European Parliament and of the

Council on electronic commerce in the internal market.

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

In general, the Member States are adopting national measures
to implement the Directives on foodstuffs, but not always
strictly within the time-limits laid down in the Directives.

and of

fertilisers

97/56/EC and 97/64/EC)
(Directives
93/69/EEC, 96/28/EC, 97/63/EC and 98/3/EC). After six
reasoned opinions were sent with regard to the directives for
which the deadline for transposal had expired in 1998
(Directives 97/56/EC, 97/64/EC and 98/3/EC), most of the
Member States transposed the legislation.

implementing measures were
A considerable number of
notified to the Commission in 1999. Sixty-six infringement
cases for failure to report measures were closed before the end
of the year. During 1999, the Commission sent letters of
formal notice in 47 cases. At the same time, four opinions
were sent and the Commission referred three cases to the
Court of Justice.

There is still a total of nine infringement proceedings under
way for failure to give notification of transposal measures.
Most of these cases have been brought before the Court of
Justice, and relate principally to restrictions on the marketing
of dangerous substances (Directive 97/56/EC), as well as the
classification, packaging and labelling of dangerous prep-
arations (Directive 96/65/EC), fertilisers (Directive 98/3/EC)
and explosives (Directive 93/15/EEC).

In response to the failure to properly implement directives and
regulations on foodstuffs, the Commission decided to send
two letters of formal notice and closed two cases. At the same
time, four complaints were lodged and are still being processed.

The deadline for transposal of three directives concerning good
laboratory practice (Directives 1999/662/EC, 1999/11/EC and
1999/12/EC) ran out in September 1999. Eleven Member
States had not transposed these directives on time.

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 1999, almost all the implementing measures still
requiring notification were reported to the Commission.
Fourteen of Member States have now transposed all directives
relating to the pharmaceuticals sector. Only France still has to
complete this process.

the

the provisions of

As in previous years, certain general problems also remain
concerning the interpretation and application of the pharma-
ceuticals 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
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 ongoing infringement proceedings. The Commission
is carefully considering these problems and complaints. It
should be stressed that a draft consolidation of the legislation
on pharmaceuticals (both human and veterinary) is already
very advanced (the Commission officially submitted a proposal
to the Council and the European Parliament in 1999), and that
this consolidation will increase the clarity of the legislation
and ultimately the effectiveness of its implementation.

2.1.3.3.3. C h e m i c a l s

In the chemicals sectors, 40 infringement cases for failure to
report measures were closed in 1999. These were concerned
with the classification, packaging and labelling of dangerous
preparations (Directive 96/65/EC), restrictions on the market-
ing of dangerous substances and preparations (Directives
91/338/EEC, 94/60/EC, 96/55/EC, 97/10/EC, 97/16/EC,

Two infringement cases are pending for failure to property
transpose Directive 93/15/EEC on the placing on the market
of explosives.

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

In this sector, Community directives are generally transposed
on time. In the cases where there is a delay, the launch of
infringement proceedings is normally enough to ensure rapid
transposal.

Nevertheless, the situation worsened in 1999 in that several
Member States were unable to complete transposal measures
on time; this may have been due to the significant increase in
the number of directives adapting earlier directives to technical
progress. Delays in transposal were also noted in relation to
Directive 98/69/EC (known as the auto oil Directive), which
among other things was intended to reduce limit values for air
pollution by emissions from certain categories of motor
vehicle.

At
the end of 1999, Commission Directives 98/38/EC,
98/39/EC, 98/40/EC and 98/89/EC adapting to technical
progress the Council Directives on wheeled agricultural of
forestry tractors had still not yet been transposed by six, five,
four and nine Member States respectively. The following
references to Directives adapting to technical progress the
Council Directives on motor vehicles are followed by a figure
in brackets indicating has many Member States which have
failed to report transposal measures: Commission Directives
98/77/EC (four), 98/90/EC (five), 1999/7/EC (six), 1999/14/EC
(seven), 1999/15/EC (seven), 1999/16/EC (seven), 1999/17/EC
(seven) and 1999/18/EC (seven). As regards the adaption to
technical progress of Council Directives concerning two-or
three-wheel motor
Commission Directives
1999/23/EC, 1999/24/EC, 1999/25/EC and 1999/26/EC had
not yet been transposed by seven, seven, seven and eight
Member States respectively.

vehicles,

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As at the end of 1999, nine Member States had still not
transposed Directive 98/69/EC relating to measures to be
taken against air pollution by emissions from motor vehicles.

As indicated in the Sixteenth Annual Report (relating to 1998),
the final deadline for transposal of Directive 97/24/EC on
certain components and characteristics of two or three-wheel
motor vehicles was 18 December 1998. Under this Directive,
type-approval for two or three-wheel vehicles was to become
compulsory as from 17 June 1999. At the end of 1999, two
Member States had still not transposed the Directive, and
infringement proceedings for failure to report appropriate
measures had reached the stage of hearings in the Court of
Justice. Directive 98/14/EC on the type-approval of motor
vehicles and their trailers had been transposed by all but one
of the Member States by the end of 1999. By the same time,
two Member States had failed to transpose on time Directive
97/54/EEC on the maximum design speed of wheeled agricul-
tural or forestry tractors; two Article 226 proceedings have
been instituted.

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

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. A letter has been sent to the Austrian
authorities asking them for information clarifying their pos-
ition.

As part of ongoing infringement proceedings against Greece
concerning checks on the quality of certain imported steels,
the response to the reasoned opinion sent to the Greek
authorities on 4 December 1998 cannot be regarded as
satisfactory, and the Commission decided in December 1998
to authorise contacts with the Greek authorities prior to
referring the matter to the Court of Justice.

As regards cases of incomplete implementation of the direc-
tives or where national law conflicts with the directives, there
has also been considerable progress. However, some difficulties
remain, particularly as regards Directives 98/37/EC (machines)
and 89/686/EEC (personal protection equipment). Fifty-five
infringement cases were dealt with in 1999, of which 20 were
registered during the year. At the end of 1999, 28 remain,
including seven cases of failure to notify and 21 other cases.
One case against Italy was referred to the Court of Justice for
failure to properly implement Directive 73/23/EEC.

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

Proceedings against France were brought before the Court of
Justice in connection with European Parliament and Council
Directive 95/16/EC relating to lifts. Italy and Luxembourg,
which had been the subject of actions before the Court in
1999, gave notification of national transposal measures.

Finally, as regards Directive 97/23/EC of the European Parlia-
ment and of the Council concerning pressure equipment, the
Commission decided in 1999 to issue a reasoned opinion to
Germany, Ireland, Italy and Luxembourg. This decision was
implemented in 1999 in relation to Luxembourg.

2.1.3.3.7. C o s m e t i c s

During 1999,
the Commission established that progress
had been made in implementing Community legislation on
cosmetics.

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)

In 1999, all the Member States took national measures to
transpose Directive 94/25/EC on pleasure craft.

This year, considerable progress has been made on transposing
the directives in the above-mentioned sectors. Thus, most
of the directives which had a time-limit for transposal of
31 December 1998, and particularly Directives 93/42/EC,
94/9/EC and 97/53/EC, which were mentioned in the Sixteenth
Annual Report
(for 1998), have been incorporated into
national law in all Member States. However, problems remain
for two directives which will be considered below.

As far as failure to notify national measures implementing
Community directives is concerned, the Commission was able
to close numerous infringement proceedings against Member
States following notification by a number of them that national
measures had been taken to transpose Directives 97/45/EC,
97/18/EC and 98/16/EC. However, the Commission deplores
the fact that some Member States have still not transposed
Directive 97/18/EC (postponing the date from which animal
experiments are banned for ingredients or combinations of
ingredients), which should have been incorporated into
national law by 31 December 1997 at the latest, in order to
provide economic operators with a degree of legal certainty.
As regards Council Directive 93/35/EEC amending for the
sixth time Council Directive 76/768/EEC, only France still
has to complete the transposal process by publishing its
implementing legislation. Finally, 11 Member States have
already notified the Commission about national measures to
implement the 23rd Commission Directive 98/62/EC adapting
to technical progress Council Directive 76/768/EEC, which
should have been transposed by 30 June 1999 at the latest.

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

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. The Directive was transposed in all the Member States
in 1999. The infringement proceedings instituted against Italy,
Belgium and Luxembourg in 1998 were dropped.

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, transposal
has been completed in all the Member States. The infringement
proceedings against Luxembourg for failure to notify national
implementing measures were discontinued in 1999.

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

The Commission instituted three infringement proceedings
against inadequate national implementing measures. The pro-
ceedings against Austria were dropped following its adoption
of a law modifying its transposal legislation and thus bringing
into line with legal requirements. In December 1999, the
Commission decided to refer cases against France and Greece
to the Court of Justice.

Directive 99/34/EC aims to extend the rules on liability
without fault to agricultural primary products. The Member
States must introduce the laws, regulations and administrative
provisions necessary to comply with the Directive by 4 Decem-
ber 2000 at the latest.

One referral to the Court for a preliminary ruling relates to the
first ever case (C-203/99) relating to the interpretation of
Directive 85/374/EEC. The case is concerned with the liability
of the public authorities running a hospital in Denmark in
which a patient was unable to have an organ for transplant
because it had been damaged.

2.1.3.4. Special arrangements relating to freedom of movement

of the transposal, and the date of transposal, of Directive
96/100/EC of the European Parliament and of the Council of
17 February amending the Annex to Directive 93/7/EEC (1).

Apart from this one exception, all the Member States have
given notification of measures to transpose Council Directive
93/7/EEC on the return of cultural objects unlawfully removed
from the territory of a Member State (2) and Directive
96/100/EC mentioned above. The Commission then looked,
in consultation with the Member States, at the application of
these Directives for the purposes of a report to be submitted
to Parliament, the Council and the Economic and Social
Committee.

Rapid intervention in the event of serious obstacles to the free
movement of goods

At
the beginning of 1999, Council Regulation (EC) No
2679/98 of 7 December 1998 on the functioning of the
internal market in relation to the free movement of goods
among the Member States (3) entered into force.

The warning system provided for in Article 3 of this Regulation
has been used successfully in a number of instances. The
Member States concerned responded satisfactorily to the
requests for information addressed to them by the Com-
mission, and no obstacles within the meaning of the regulation
were found to exist. These instances involved:

— hindrances on main roads in Belgium as a result of

industrial action by Belgian road hauliers in June 1999,

— hindrances on main roads in Belgium as a result of
protest demonstration by Belgian farmers in connection
with the dioxin crisis in June 1999,

— the European road hauliers’ day of action in October

1999.

2.1.3.5. Customs union

The European Commission’s main function as regards customs
activity is to manage the customs instruments needed for
the application of the European Union’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. This task of managing the customs union
is the basis for measures by the Taxation and Customs Union
DG aimed in particular at establishing a customs nomenclature,
managing databases relating to tariff arrangements and rules

Cultural goods

The Commission initiated infringement proceedings at the
Court of Justice against Austria for failure to give notification

(1) OJ L 60, 1.3.1997, p. 59.
(2) OJ L 74, 27.3.1993, p. 74.
(3) OJ L 337, 12.12.1998, p. 8.

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of origin, setting up a system for the exchange of information
on controls and checks to fight fraud and irregular practices.
These measures allow the Community to pursue an active
commercial policy as regards preferences on the one hand
and monitoring of compliance with rules of origin and
coordination of anti-dumping measures on the other. Monitor-
ing the correct implementation of Community provisions, of
course, remains an essential element of the Commission’s
activity in this sector.

In this connection, it should be mentioned that a reasoned
opinion was sent to Sweden for failure to comply with
Article 76 of the Community Customs Code, and Article 254
et seq of the implementing provisions.

At the end of Article 76(1)(a) of the Code, it is stated that, in
order to simplify completion of formalities and procedures as
far as possible while ensuring that operations are conducted in
a proper manner, the customs authorities shall, under con-
ditions laid down in accordance with the Customs Code
Committee’s procedure, grant a concession whereby some of
the documents required for implementation of the provisions
governing the customs procedure for which the goods are
declared need not be attached to the customs declaration. The
conditions laid down under this Committee’s procedure are
set out in Article 254 et seq of Commission Regulation (EEC)
No 245/93 (1) laying down provisions for the implementation
of the Community Customs Code. According to these con-
ditions — and more specifically those set out in Articles 255
to 257 of the Regulation — the customs authorities allow a
period for the submission of missing documents provided that
certain conditions are complied with to their satisfaction. The
Swedish customs authorities are now failing to apply the above
mentioned provisions; this means that if an importer does not
have the required documents, such as the certificate of
preferential origin, the import duties are charged immediately
at the full rate by the Swedish authorities, subject to appropri-
ate reimbursement when the document concerned is presented.

Another reasoned opinion issued last year was addressed to
Greece, firstly in connection with the Greek ports in the free
zone whose structure and organisation are such that the
customs inspections carried out there infringe a number of
provisions of the Community Customs Code, and secondly
because in certain situations the formalities and checks in
connection with car imports are incompatible with Directives
77/388/EEC (2) and 92/12/EEC (3) as regards VAT.

Two sets of infringement proceedings were dropped after the
Member States concerned complied with the Commission’s
requirements. First of all, Belgium rescinded the circular stating
that an exporter has the choice of submitting the export
declaration either to the customs office with principal responsi-
bility in Belgium, or to the office through which the goods

leave the country, despite the fact that Article 161(5) of the
Customs Code stipulates that the export declaration must be
filed at the customs office with jurisdiction at the location of
the exporter’s business establishment or at the place the goods
are packed or loaded for export. The other proceedings that
were discontinued relate to Portugal, which took measures to
comply with the Court of Justice’s judgment of 17 June 1997
in Case C-164/95 concerning the tariff classification of grated
cheese which, when imported, is by reason of the method of
packaging and preservation used, in an agglomerated form
and, after unpacking and exposure to the surrounding air,
breaks down into irregular granules (4).

2.1.4. Free movement of services and right of establishment

2.1.4.1. Article 43 et seq and Article 49 et seq.

Some German regulations governing the profession of patent
agent stipulate that any person who is neither resident nor
established in Germany may not take part in proceedings
before the Patents Office unless they appoint a patent agent or
attorney to represent them. Furthermore, a patent agent cannot
represent an applicant before the Patent Office unless he has
an address for service with a patent agent established in
Germany. These conditions raise questions of compatibility
with the principle of freedom to provide services laid down in
Article 49 of the EC Treaty, which is why a reasoned opinion
was issued to the German authorities.

Under French regulations on patent applications and the
profession of patent agent, only persons entered in the French
register of patent agents may represent their clients agents in
proceedings before the National Industrial Property Institute,
and then only if they have passed an aptitude test. In addition,
all patent agents must have a business establishment in France.
Conditions of this kind are incompatible with the principle of
freedom to provide services embodied in Article 49 of the EC
Treaty, which was further elaborated in Directive 89/48/EEC (5)
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. A reasoned
opinion was therefore sent to the French authorities.

A case was also brought before the Court of Justice concerning
Italian legislation which establishes lists of licences for for-
warding agents and requires the registration of all natural and
legal persons engaged in this activity on a specific list kept
by the competent 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 49.

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 145, 13.6.1977, p. 1.
(3) OJ L 76, 23.3.1992, p. 1.

(4) 1997 [ECR] 1-3441.
(5) See Foot note 28.

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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 resulted in the
proceedings against Portugal being referred to the Court of
Justice.

the basis of which the credits were refunded. The second case
concerned withholding tax on interest income from loans. The
Commission investigated the matter in order to determine
whether Italian legislation discriminates according to whether
the credit institution is based in Italy or another Member State.
A letter was sent to the Italian authorities requesting further
information.

As regards the posting of workers in the context of freedom
to provide services, the Commission has referred matters to
the Court of Justice concerning the national legislation of two
Member States: Italian legislation currently in force bans any
cross-border activities by temporary employment firms and
stipulates that such firms must have their registered office in
Italy, whilst German legislation allows the posting of workers
between two firms in the construction sector only if no
movement across borders in involved.

A letter of formal notice was sent to the Greek authorities in
connection with State guarantees for loans to firms in certain
disadvantaged regions of the country. It emerged from infor-
mation provided to the Commission that such guarantees are
only issued to credit institutions established in Greece. Loans
granted by institutions based in other EU Member States on
the basis of the freedom to provide services are not eligible for
such guarantees.

In the case of private security services, the Commission had
instituted proceedings at the Court of
Justice concerning
Belgian regulations requiring registered offices to be located in
Belgium. The Advocate-General’s opinion of 16 September
1999 (in Case C-355/98) supported the Commission’s pos-
ition. Similarly, the Commission brought a case before the
Court of Justice concerning Italian legislation in the same field,
which states that only Italian nationals may engage in paid
employment or self-employment in this sector.

2.1.4.2. Financial services

Dialogue with the national authorities

In an effort to consolidate administrative cooperation and find
rapid solutions to the problems encountered, the Commission
has maintained regular contacts with the national authorities
in 1999, through institutional committees (Banking Advisory
Committee, Insurance Committee, the UCITS — Undertakings
for Collective Investment in Transferable Securities — Contact
Committee), ad hoc interpretation groups (group of national
experts on payment systems, the banking directives group, the
insurance group and the capital adequacy Directive group, etc.)
and high-level working parties (HLSSC-High-Level Security
Supervisors Committee for negotiable securities).

Complaints and infringements

In the banking sector, five sets of infringement proceedings
were instituted in 1999 for breach of Articles 43 and 49 of
the EC Treaty, and of Directives.

Two cases of suspected infringement concern France. In the
first, the Commission sent a letter requesting information
because it appears that Frances does not allow French credit
institutions — or branches of foreign institutions — to pay
interest on current accounts. The second case concerns the
failure of the French authorities to comply with the Court of
Justice’s judgment in Ambry (1) (see ‘Cases before the Court of
Justice’).

In the insurance sector, proceedings continue against Spain
concerning the requirement — in contravention of the EC
Treaty’s provisions on freedom to provide services (Article 49)
— that prior authorisation be obtained by professionals
wishing to work in Spain as insurance brokers.

The proceedings are also still under way against Germany
concerning the ban on combining sickness insurance with
other forms of insurance, which is deemed to be incompatible
with the third Directive on insurance other than life assurance.

Finally, the Champalimaud affair led to proceedings being
instituted against Portugal
in response to the Portuguese
authorities’ refusal to accept an agreement under which a
Spanish banking group was to acquire a qualifying holding in
this Portuguese group. This matter is in the process of being
resolved.

As regards securities, the Commission in 1998 sent reasoned
opinions in connection with infringement proceedings already
under way against Italy (Articles 49 and 56) and France
(Articles 43, 49 and 56 (2)). In these documents the Com-
mission criticised the fact that national tax measures had the
effect of placing domestic stockmarkets at an advantage over
other stock exchanges in the European Union. In Italy, tax
benefits are restricted to issuers of securities which will be
quoted on the Italian stockmarkets for the first time. The case

Two cases involved Italy. The first involved apparent discrimi-
nation on grounds of nationality in the refunding of tax credits
to banks established in Italy. A reasoned opinion was sent to
Italy enquiring about the criteria used to draw up the list on

(1) Judgment of 1 December 1998 in Case C-410/96 [1998] ECR

I-7875.

(2) IP/99/755, 15 October 1999.

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against France concerns tax exemptions for life-insurance
contracts of at
least eight years duration, provided that
contracts are expressed in units of collective investment funds
which invest at least 50 % of their assets in French shares, with
at least 5 % being in shares of unlisted companies or those
listed on the nouveau marché.

obliges banks to observe transparency rules prior and sub-
sequent to transfers; it also lays down conditions for transfers
(time-limit, ban on double-charging, refund in the event of
sums transferred failing to reach the beneficiary). The Directive
entered into force on 14 August 1999.

National implementing measures

Failure to notify measures

In the banking sector, all the infringement proceedings for
failure to transpose the banking Directives, especially Council
Directive 95/26/EC, have been dropped. All the Member States
have now transposed these directives and given notification of
their national implementing measures.

With regard to insurance, the Commission, following notifi-
cation of national implementing measures, dropped the two
sets of proceedings concerning the incorporation into national
law of the third life insurance Directive (92/96/EEC) and the
third non-life insurance Directive (92/49/EEC) (1), as well as
the proceedings relating to the partial transposal of Council
Directive 91/371/EEC (Agreement with Switzerland) (2).

The process of adoption into national law of the third life
insurance Directive and the third non-life insurance Directive
is almost complete. The departments of the Commission are
now concentrating on problems of non-conformity, and on
day-to-day monitoring of the application of the Directives.

In the securities sector, the Commission sent a reasoned
opinion to Austria, France, Luxembourg (3) and Portugal (4)
for failure to transpose Directive 97/9/EC of the European
Parliament and of
the Council on investor-compensation
schemes. Given that no response was received from Luxem-
bourg, the Commission decided to refer the matter to the
Court.

As regards payment systems, two directives entered into force
in 1999: Directive 97/5/EC on cross-border credit transfers
and Directive 98/26/EC on settlement finality in payment and
securities settlement systems.

Directive 97/5/EC aims to speed up and reduce the cost of
low-value cross-border transfers (up to EUR 50 000), and

(1) See judgment of 18 December 1997 in Case C-361/95 Commission
v Spain [1997] ECR I-7351 (concerning the partial transposal of
Directive 92/49/EEC).

(2) See judgment of 18 December 1997 in Case C-360/95 Commission

v Spain [1997] ECR I-7337.

(3) IP/99/601, 30 July 1999.
(4) IP/00/9, 11 January 2000.

As at 31 December 1999, nine Member States (Denmark,
Spain, Ireland, Luxembourg, the Netherlands, Austria, Finland,
Sweden, the United Kingdom) had transposed the Directive
and notified the Commission of their national implementing
measures. Belgium, Germany, Greece, France, Italy and Portu-
Infringement
gal have not yet
proceedings were launched on 16 November 1999, when
formal letters of notice were sent out.

transposed the Directive.

The purpose of Directive 98/26/EC is to limit the systemic risk
in payment and securities settlement systems. This is essential
to enable large-value payment systems such as Target to
function properly, and in order to generally increase the
efficiency of payment and securities settlement systems. The
Directive contains provisions on compensation and guaran-
tees, and stipulates that insolvency procedures relating to these
systems may not have any retroactive effects.

As at 31 December 1999, notification of
transposal of
Directive 98/26/EC (which entered into force on 11 December
1999) had been given by five Member States (Belgium, Spain,
Portugal, Austria, Finland). No infringement proceedings have
yet been instituted against the other Member States.

Cases before the Court

In the banking sector, the existence of anonymous (savings
and securities) accounts in Austria was deemed to be incompat-
ible with the obligation to identify customers when they open
an account as provided for in Article 3(I) of Council Directive
91/308/EEC on money laundering. The matter was referred by
the Commission to the Court of Justice. In the Commission’s
view, the anonymity of the accounts may make it easier to
launder money. It should be stressed that the Commission is
not attempting to violate banking secrecy in this Member
State. The Austrian authorities have given notice of their
intention to amend their legislation.

As regards applications for a preliminary ruling, the Court has
handed down its judgment in Ambry (5). 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). However, if the institution providing this guaran-
tee is located in a Member State other than France it must have
an agreement with a French bank or insurance company. The
Court ruled that this requirement represented an unacceptable

(5) Judgment of 1 December 1998 in Case C-410/96 [1998] ECR

I-7875.

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restriction on the freedom to provide services. Given that no
action seems to have been taken by the French authorities to
make appropriate legislative changes, the Commission sent a
letter of formal notice and a reasoned opinion to France. The
next step will be to refer the matter to the Court of Justice.

In Trummer (1), the Court stated that rules requiring a mortgage
to be registered in national currency should in principle be
deemed to constitute a restriction on the movement of capital.
Austria has taken the necessary steps to modify its legislation.
Sweden, however, seems to have similar legislation in place,
and the Commission has therefore sent it a letter of formal
notice.

In the insurance sector, infringements of Articles 43 and 49 of
the EC Treaty and of directives led in 1999 to a Court judgment
which found that France had failed to give notification of the
measures required to bring the mutual insurance code into line
with Community law (2). Two other cases are also before the
Court: on 27 October, a hearing took place in a case aimed at
establishing that the third Directive on insurance other than
life assurance (3) applies to compulsory occupational accident
insurance schemes of the kind existing in Belgium, which has
not correctly transposed the Directive (4) and on 28 October,
the Advocate-General S. Alber delivered his Opinion in another
case brought against France (5), in which he indicated that
the automatic requirement that insurance companies file an
information sheet before new policies are placed on the market
should be regarded as an excessive barrier to trade and contrary
to the provisions of the third insurance Directives (6).

As regards investment services in the field of securities (Council
Directive 93/22/EEC), the proceedings against Spain were
dropped following notification of transposal. In the proceed-
ings against Luxembourg (7), however, the Court found against
this Member State on 3 June 1999 (8).

2.1.4.3. Commercial communications

The Commission also continued its examination of ongoing
infringement proceedings. It has started discussions with the

(1) Judgment of 16 March 1999 in Case C-222/97 [1999] ECR 1661.
(2) Judgment of 16 December 1999 in Case C-239/98 Commission v

France (not yet reported)

(3) Directive 92/49/EEC (OJ L 228, 11.8.1992, p. 1-23).
(4) Case C-206/98, pending.
(5) Case C-296/98, pending.
(6) Directives 92/49/EEC (see foot note 39) and 92/96/EEC (OJ

L 360, 9.12.1992, p. 1 to 27).

(7) Case C-417/97.
(8) Not yet reported.

French authorities on the interpretation of
the Evin law
prohibiting television advertising of alcoholic drinks in the
particular case of sporting events held abroad but broadcast in
France. 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 49 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.

2.1.4.4. The media

The Commission sent a reasoned opinion to Belgium concern-
ing barriers to the free provision of services resulting from the
imposition of taxes on dish aerials by many local authorities.

2.1.5. Free movement of capital

The situation as regards the free movement of capital and
payments in the EU and non-member countries can generally
be regarded as satisfactory. Further progress was made during
the year to remove certain restrictions on direct investment
(United Kingdom and Ireland) and investment in pension
funds (Belgium and Finland), whilst certain discriminatory
restrictions on the admission of securities to the capital
markets — basically arising with regard to the issuing currency
— have disappeared automatically because of the introduction
of the single currency (France and Germany). New infringe-
ment proceedings, most of which were launched following
complaints from economic operators, are mainly concerned
with restrictions on the granting of mortgage loans across
borders and the acquisition of real property, and also with
special rights introduced by Member States in relation to
certain privatised assets.

Various infringement proceedings had been opened carlier
following the publication of the Commission communication
on certain legal aspects concerning intra-EU investment (OJ
C 220, 19.7.1997, p. 15) and the replies to a questionnaire to
collect information on national practice in this field. Proceed-
ings concerning the maintenance of privileges relating to
privatised assets have include two reasoned opinions being
sent out (to the United Kingdom and Spain) and four cases
being brought before the Court of Justice (France, Italy and —
in two instances — Belgium). Similar infringement proceedings
had also previously been brought before the Court, where the
cases concerned are still being considered.

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It had also been decided to refer Greece to the Court of Justice
in connection with its procedures on property acquisition,
but changes to Greek legislation should mean that these
proceedings will soon be dropped.

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 and have effect in the Member States.

2.1.6. The business environment

2.1.6.1. Company law

Following the Court of Justice’s judgment of 29 September
1998 (Case C-191/95) that Germany had failed to fulfil its
obligations under Council Directives 68/151/EEC (commercial
register) and 78/660/EEC (annual accounts),
the German
authorities prepared the necessary implementing measures.
These were adopted by the Bundestag in December 1999 and
should be passed by the Bundesrat early in 2000.

The Commission also began to examine the measures adopted
by the United Kingdom in October 1999 to apply Directives
78/660/EEC, 83/349/EEC, 90/604/EEC, and 90/605/EEC to
Gibraltar.

2.1.6.2.

Intellectual 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 biothechnological inventions and Parliament and
Council Directive 98/71/EC on the legal protection of designs.

Under the trade marks Directive, the registration of a trade
mark confers on its owner exclusive rights allowing him to
prohibit third-party use for commercial purposes without his
consent.

The harmonisation of Member States’ legislation on national
trade marks is not comprehensive, but confined to aspects
which most directly affect 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; it is not contain any provisions 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
to
the Member States); all categories of registered trade marks
recognised by national legislation (trade marks in respect of

The deadline for the transposal of this Directive was extended
until 31 December 1992. All Member States, including the
new ones, have notified the Commission of national legislation
transposing this Directive.

laws on
Since the uncoordinated development of national
the legal protection of biotechnological
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. The
Community framework can be confined to laying down
certain principles designed to determine the difference between
inventions 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 com-
pulsory licences in respect of interdependence between plant
varieties and inventions.

The Member States must introduce the laws, regulations and
administrative provisions necessary to comply with Directive
98/44/EEC by 30 July 2000.

As is the case with legislation on national trade marks, the
harmonisation of the Member States’ legislation on designs is
not complete, but is 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, Member
States retain complete freedom to lay down arrangements best
suited to their traditions.

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

Copyright and related rights

Intellectual property has long been regarded as an area in
which Member States find it difficult to transpose Community
legislation, and delays are commonplace.

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However, the situation has considerably improved, particularly
over the last two years. All Member States except Ireland have
notified national implementing measures for all the Directives
applicable on 1 January 1997. However, only 11 Member
States have notified national measures implementing the
Directive on databases, which should have been transposed by
1 January 1998.

to comply with Council Directive 92/100/EEC on rental right
and lending right and to Denmark for discriminating against
non-Danish management companies.

Finally, the Court delivered judgments on 12 October 1999
and 25 November 1999 in two cases against Ireland, for
failing to notify national measures implementing Directive
92/100/EEC (C-213/98) and Directive 93/83/EEC on satellite
broadcasting and cable retransmission (C-212/98) respectively.

The Commission will continue its efforts to ensure that all
Member States transpose the directives into national law and
will also ensure that they are correctly applied.
Incorrect
application will in future be the main reason for litigation.

2.1.6.3. Data protection

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

Reasoned opinions were sent to Greece, Ireland, Italy, Luxem-
bourg, the Netherlands and Portugal for failure to notify
national measures implementing Parliament and Council
Directive 96/9/EC on the legal protection of databases. After
receiving these reasoned opinions, Italy and the Netherlands
notified national implementing measures during the reference
period, thus complying with Community law. The infringe-
ment proceedings against them were therefore closed. By
contrast, it was decided to refer the cases of Greece (C-484/99),
Ireland (C-370/99), Luxembourg (C-348/99) and Portugal (C-
506/99) to the Court of Justice.

Reasoned opinions were also sent to Belgium for failure to
ratify the Berne 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 Berne
Convention (Paris Act of 1971). Following notification of their
legislation ratifying these Conventions, the proceedings against
Belgium and Portugal were dropped. However, it was decided
to take Ireland to the Court of Justice (C-013/00) for failing to
ratify the Berne Convention (Paris Act of 1971).

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 and Directive 97/66/EC of
the
European Parliament and of
the Council concerning the
processing of personal data and the protection of privacy in
the telecommunication sector entered into force on 25 October
1999.

Nine Member States notified national measures implementing
Directive 95/46/EC. These will be scrutinised to check that
transposal is correct and complete.

The Commission decided to take action before the Court of
Justice against all Member States which had not notified
national implementing measures.

As regards Directive 97/66/EC, see section 2.10.
munication’.

‘Telecom-

2.1.6.4. Public procurement

Completion of the internal market in a key area of the
European economy such as public procurement first and
foremost necessitates correct transposal of the relevant Com-
munity directives. However, a number of directives adopted in
the field of public procurement had still not been transposed
by 1999, and infringement proceedings were initiated against
Germany, Austria, Belgium, Spain, France, Greece, Italy, Ire-
land, Luxembourg, Portugal and the United Kingdom concern-
ing Directives 97/52/EC and 98/04/EC, which cover traditional
areas (1) and special sectors (2) respectively and incorporate
certain provisions of the Agreement on government procure-
ment.

A reasoned opinion was sent to Italy for failing to comply
with Council Directive 93/98/EEC harmonising the term of
protection of copyright and certain related rights. Two letters
of formal notice were sent to the United Kingdom for failing

(1) Directives 93/36/EEC. 93/37/EEC and 92/50/EEC concerning,
respectively, procedures for the award of public supply contracts,
public works contracts and public services contracts.

(2) Directive 93/38/EEC coordinating the procurement procedures of
entities operating in the water, energy, transport and telecom-
munications sectors.

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Examination of communicated national measures concerning
the directives on public procurement as a whole led to a total
of 18 infringement proceedings for non-compliance, of which
seven have reached at least the reasoned opinion stage. Some
of these cases relate to questions of principle.

being justified on technical grounds. Although the German
authorities admitted contravening Directing 92/50/EEC, the
infringement proceedings continued, as the contract is for
30 years and will therefore produce effects for some time yet.

Even where legislation has been transposed, it is necessary to
ensure that the provisions are properly applied. The Com-
mission therefore continued to monitor application of Com-
munity law in the procedures for awarding private contracts,
by following up complaints and investigating and checking
cases on its own initiative.

During the year the Commission dealt with 409 cases,
including 229 new ones. It was able to close 104 cases, mostly
as a result of action by the awarding authorities or their
supervisory bodies to remedy irregularities. The dialogue and
consultation procedure (package meetings), set up to help
Member States settle outstanding disputes by agreeing on
solutions which comply with Community law, undoubtedly
helped in this respect.

A few examples are worth mentioning.

Following Commission intervention, several awarding auth-
orities cancelled contracts, especially for waste collection,
insurance or catering services. For example, the SACE, respon-
sible for export credit insurance in Italy, cancelled a financial
services management contract. In one case concerning Portu-
gal,
the national authorities sent a circular to awarding
authorities prohibiting them from requiring European. Union
nationals not established in Portugal to be entered in Portugue-
se professional registers or registered with professional bodies
and reminding them of the obligation to provide precise details
of the contract nature and implementation conditions before
launching the award procedure.

Justice on the grounds that,

In 1996 the Commission brought an action before the Court
of
in conjunction with the
construction of an administrative centre in St Pölten, capital of
the Land of Lower Austria, the competent authorities had not
published invitations to tender, which meant that the contracts
were not open to competition. Austria did not contest the
substance of the charges and was found to have contravened
Directives 93/37/EEC, 89/665/EEC and Article 28 of the EC
Treaty (1).

The Commission also decided to send a reasoned opinion to
Germany concerning a public services contract for the thermal
incineration of waste awarded by the city of Braunschweig
without publishing an invitation to tender and without this

(1) Case C-328/96, judgment of 28 October 1999.

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

For example, the Commission decided to bring an action
before the Court of Justice against Italy for failure to notify
measures transposing Directive 97/52/EC and because a
regional law in Lombardy allows public contracts and public
works concessions for the construction of waste treatment
plants to be awarded in a manner not consistent with the
Community rules on public works contracts.

The Commission also decided to refer France to the Court for
numerous cases of failing to have notices of works contracts
awarded by social housing associations published in the Official
Journal of the European Communities, the Commission taking the
view that such bodies normally come under the scope of the
Community legislation.

2.1.6.5. Direct taxation

During the year the Commission received a growing number
of complaints in the field of direct taxation, after other
obstacles had been removed by legislative measures adopted
at Community level. In this connection, attention is drawn to
the difficulties involved in rectifying the internal market’s
imperfections with regard to direct taxation, owing to the
unanimity at the Council required under Article 94 of the EC
Treaty. However, it was possible to resolve many cases at an
early stage, as it was often a matter of complainants being
unaware of their rights and obligations or ignorance on the
part of the tax authorities of aspects of Community law which
can, however, be taken into consideration in connection with
a complaint.

The Commission issued only two reasoned opinions in
1999. The first concerned Germany, whose corporation tax
legislation (KStG) makes provision for differential rates of
taxation on the profits of German companies, i.e. distributed
profits are subject to cooperation tax at 30 %, whereas
undistributed profits are taxed at 40 %. This difference is due
to the fact that distributed profits (i.e. dividends) are subject to
income tax payable by shareholders, who can apply for a tax
credit equal to the corporation tax payable on dividends.
In the case of German subsidiaries of foreign companies
(permanent establishments), the profits realised in Germany
are subject to German corporation tax at a rate of 40 %,
regardless of whether they are distributed or not. This differen-
tial taxation is inconsistent with Articles 43 and 48 of the
Treaty.

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The second reasoned opinion concerns Greece, and a tax
system which discriminates against non-Greek European citi-
zens who purchase immovable property with foreign currency.
in
A Greek law of 1950 made provision for exemption,
certain circumstances, from the tax on transfers of immovable
property (which is 9 % or 11 % depending on the value) for
Greek nationals purchasing immovable property with foreign
currency. This law still includes a lower tax rate (reduced by
half) for certain other cases. The exemption was abolished in
1997, but the previously exempted categories of operation
were added to those to which the lower tax rate applies. The
Commission sees the granting of preferential rates only to
Greek nationals as an infringement of a fundamental principle
of the European Union, non-discrimination on grounds of
nationality (Article 12 of the Treaty). This principle, which
forms part of the various constituent freedoms of the internal
market (Article 14 of the Treaty),
is regarded is infringed
with regard to these freedoms in various situations. The
Commission has noted a contravention of the principles of
free movement of persons (Article 39 of the Treaty and
Article 7 of Regulation No 1612/68 (1) in respect of employees;
Article 43 of the Treaty in respect of the self-employed) and
free movement of capital (Article 56 of the Treaty).

2.1.6.6. VAT

On the subject of VAT, the principal objective of the Director-
ate-General
for Taxation and Customs Union (TAXUD)
remains the adoption of the common system of VAT based on
the country-of-origin principle. This is the guiding policy
behind all work in the field of VAT. However, given the rate of
progress, it is necessary to push ahead with the simplification
and modernisation of the VAT system and with essential
harmonisation work arising from specific technical problems.

Compliance with measures already adopted, especially with
regard to a uniform basis of assessment, takes on a particular
significance against this background, and the TAXUD DG is
keen to identify any relevant shortcomings as quickly as
possible. During 1999 several new infringement proceedings
were initiated, concerning failure to apply the provisions of
the sixth VAT Directive (2) correctly:

— Germany: the German authorities exempt research activi-
ties by State university-level establishments from VAT
(see paragraph 4, No 21.a, USTG), which is in contra-
vention of Article 2(1) of the sixth Directive, as such
establishments are subject
they are
not public authorities and carry out operations against
payment; their research activities are therefore taxable,
and not exempt,

to VAT in that

(1) OJ L 257, 19.10.1968, p. 2.
(2) OJ L 145, 13.6.1977, p. 1.

— France: the French Finance Act of 1998 removed the
partial VAT-deductibility (50 %) applicable to diesel fuel
used for taxable activities involving vehicles excluded
from the right of deduction. This new French measure is
at odds with Community provisions; Article 17(6) of the
sixth Directive, which allows Member States to retain
existing exclusions following the entry into force of the
Directive, means that France was able to retain the ban
on the right of deduction which already existed for certain
vehicles, but does not authorise it to introduce a new
exclusion from the right of deduction for diesel fuel for
the vehicles in question,

— Greece: the Greek authorities impose the adjustment of
VAT charged on the acquisition of goods and deducted
by the acquiring taxpayer, if the goods are destroyed and
their value reimbursed by an insurance company. This
practice is contrary to the provisions of Article 20(1)(b)
of the sixth Directive, which prohibits adjustment in cases
of destruction, loss or theft of property duly proved or
confirmed,

— Italy: Italian taxpayers who in 1992 had imported from
other Member States a sum in excess of 10 % of their
turnover and had a tax credit corresponding of not less
than ITL 100 million were unable to deduct VAT.
According to the law, they would receive government
bonds in compensation. However, Article 18(4) of the
sixth Directive requires Member States, in the event of a
tax credit, either to make a refund or to carry the excess
forward to the following period. It has emerged that some
taxpayers do not yet seem to have received these bonds
and that, as these taxpayers have not been able to cash in
their bonds, the Italian State has, in reality, carried the
excess forward to the following periods rather than
period (singular) as stipulated by the Directive.

Italy, Portugal,

The Commission also sent reasoned opinions to Germany,
Spain, Finland,
the United Kingdom and
Sweden, which do not tax European Union grants to compani-
es producing dried fodder (such grants represent a sum paid
by a third party and allow the company to achieve a profitable
price in a sector in which the world price is lower than its cost
price), whereas the Directive stipulates that ‘subsidies directly
linked to the price’ must be included in the taxable basis. This
situation also creates a distortion of competition between
producers in different Member States.

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A number of infringement proceedings previously initiated by
the Commission were referred to the Court of Justice. Four of
these involve France: the first concerns VAT levied on the fees
laboratory medical
charged for forwarding the results of
analyses (1), the second VAT on goods purchased with money-
off coupons (2), the third the right of deduction relating to
vehicles not used exclusively for driving-school purposes (3),
and the fourth the non-inclusion of tips in the VAT basis for
certain commercial undertakings (hotels, restaurants, cafés,
hairdressers, etc.) (4). Another case was referred to the Court
concerning Spain, for lowering the rate of VAT on motorway
tolls (5).

Other proceedings were dropped after the Member States
concerned fell
into line with the Commission’s point of
view. These involved Spain, which amended its legislation
concerning VAT on sports organisations pursuant to the
Court’s judgment of 7 May 1998 in Case C-124/96 (6)
Germany, which repealed its offending legislation allowing the
deduction of import tax on expenses incurred by taxpayers
during travel, business trips or removals; and finally France,
which first of all amended its tax system concerning the
compensatory sums which persons leasing cars had to pay to
leasing companies in the event of theft or loss of leased
vehicles and, secondly, removed the tax distinction between
different
for disabled persons. Two
infringement proceedings initiated previously, concerning the
exemption of gold in Austria and the zero rating of scrap
metal deliveries in Italy, were closed after being resolved at the
Council.

types of equipment

2.1.6.7. Other indirect taxes

1 July 1999 saw the end of exemptions for tax-free sales
between Member States’ territories. Sales of tobacco and
alcohol products on board ferries are now subject to customs
duties, with the exception of goods for consumption on board,
which may continue to be exempted in the same way as, for
example, sales of alcohol on board cruising ships. In 1999 the
TAXUD DG also took action towards implementing the
recommendations of the high-level group on preventing excise
duty fraud, in particular by setting up an early warning system
based on the study concerning computerised surveillance of
movements of the products targeted by fraud prevention.

(1) Case C-76/99.
(2) Case C-156/99.
(3) Case C-345/99.
(4) Case C-404/99.
(5) Case C-83/99.
(6) ECR 1998, I-6151.

In the field of excise duties, the enforcement of Article 90 of
the Treaty, which prohibits discrimination against products
imported from other Member States, is being carefully monito-
red by the Commission and has led to several new infringement
proceedings both in the alcoholic drinks and tobacco sector
and relating to tax on vehicles.

Concerning indirect taxes on alcohol, the Commission has
sent reasoned opinions to the following Member States:

— Austria: the Commission feels that the municipal tax on
drinks is merely a way of allowing the country’s municipal
authorities to collect additional income, and it does not
serve a ‘specific purpose’, e.g. social or environmental.
The Commission also considers that the exemption from
municipal tax of wine supplied by producers directly to
final consumers must be regarded as discriminating
against products from other Member States,

— Greece: the Greek authorities have reduced the tax on
ouzo by 50 %, whereas similar drinks imported from
other Member States continue to be taxed at the full rate.
Differential taxation of this nature, which benefits Greek
ouzo producers only — Greece is the sole producer of
this drink — contravenes Article 90 of the Treaty,

— Ireland: the Irish authorities apply to beer an excise duty
of IEP 15,65 per hectolitre and degree of alcohol of the
finished product. In the case of beer containing 5 %
alcohol by volume, this comes to around IEP 78 per
hectolitre. By contrast, the excise duty on wine with a
comparable alcohol content is IEP 215. As there is little
or no wine production in Ireland, the measure in question
constitutes differential taxation, which is unacceptable
under Article 90 of the Treaty.

Two infringement proceedings initiated in the same sector
against France were dropped when the national legislation in
question was amended following the Commission’s inter-
vention. One case concerned production duty on alcohol,
while the other related to the tax on certain mixtures of
alcoholic and non-alcoholic beverages. The conformity of the
new French legislation on the latter products is, however,
being scrutinised in detail.

As regards excise duties on manufactured tobacco, the Com-
mission sent a reasoned opinion to France relating to its new
legislation on cigarettes, according to which the price per
1 000 of a category of cigarettes sold under a particular brand
may not be lower than the price of the biggest selling category
sold under the same brand (minimum reference price), and the

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minimum rate of excise duty on cigarettes made from dark
tobacco is lower than the rate on those made from light
tobacco. These new provisions are inconsistent with Directive
95/59/EEC (1), which states that manufactures are free to
determine the retail selling price for each of their products (the
new obligation to determine the price on the basis of a quantity
of 1 000 is tantamount to imposing a minimum reference
price) and with Directives 92/79/EEC (2) and 95/59/EEC, which
impose a single minimum excise duty that must be the same
for all brands and types of cigarette. Furthermore, as France
produces mainly cigarettes made from dark tobacco, the new
legislation also infringes the ban on discrimination and fiscal
protection provided for under Article 90 of the Treaty.

Proceedings were also started against Italy, which levies a tax
of ITL 1 260 000 per tonne on lubricants. Under Article 8(I)(a)
of Directive 92/82/EEC (3), mineral oils used as lubricants
are specifically exempted from excise duty. Furthermore,
Article 3(2) of Directive 92/12/EC (4) allows Member States to
maintain other duties or taxes on products subject to harmon-
ised excise duties only where those duties or taxes comply
with the rules on harmonised excise duties. A product
exempted from harmonised excise duties cannot be made
subject to another type of duty.

Two proceedings concerning indirect taxes on motor vehicles
were initiated against Portugal. The first relates to the reduced
rate of tax applied to certain multi-purpose vehicles based on
specific criteria (weight of 2 500 kg or more, height of 1,20 m
or more, etc.), criteria which are met only by multi-purpose
vehicles manufactured in Portugal. Multipurpose vehicles
produced in other Member States — whose technical data are
slightly different, but which are clearly similar products —
therefore do not quality for this tax concession under Portugue-
se law; this constitutes discrimination within the meaning of
the first paragraph of Article 90 of the Treaty. The second case
concerns second-hand cars imported from other Member
States. In order to comply with Court of Justice case law,
which requires Member States to take account of the second-
hand vehicle’s actual depreciation in order to calculate the
taxable amount, Portugal has adopted a flat-rate calculation
method for vehicle depreciation, with a maximum of 67 % for
vehicles eight years old or over. The Commission feels, taking
account of developments in technology, that vehicles over
eight years old can still be used and continue to depreciate.
Consequently, Portugal’s flat-rate calculation method discrimi-
nates against second-hand vehicles from other Member States
(Portuguese second-hand cars have already been subject to the

tax on new cars). In a similar case against Greece, the Court
found that the Member State had failed to fulfil its obligations
(judgment of 23 October 1997 in Case C-375/95 (5).

In the same sector, new proceedings have been initiated with
regard to Austrian VAT legislation, which states that only
vehicles factory-fitted with a loading space at least 500 mm
long, located at the back of the vehicle behind the third row of
seats, are eligible for VAT deduction. Among all the Com-
munity-origin vehicles of this type, a single multi-purpose
vehicle (the Chrysler Grand Voyager), built in Austria, benefits
from this tax measure in practice. The measure must therefore
be regarded as discriminatory and in any event as affording
protection, within the meaning of Article 90 of the Treaty,
against multi-purpose vehicles manufactured in other EU
Member States.

Finally, the Commission has taken action before the Court
concerning proceeding previously opened against France with
regard to tax on imported high-powered motor vehicles (6), as
well as on vehicles with automatic five-speed gearboxes or
manual six-speed gearboxes. On the other hand, the proceed-
ings started against
the Netherlands concerning the new
registration tax (BPM) were closed after the method of
calculating the tax on imported vehicles was modified on the
basis of the Commission’s observations, bringing it into line
with Article 90 of the Treaty.

2.2. Competition

The number of proceedings initiated against Member States
did not significantly increase compared with 1998 (36 as
against 35). On 31 December 1999, 69 infringement files
were being dealt with by the Directorate-General for Compe-
tition. As regards the areas of activity, one major change
compared with 1998 was the fall in the number of new cases
in the telecommunications industry (down from 26 new cases
in 1998 to 11 in 1999). The number of new cases in the
transport sector (only five in 1999) also continued to fall. At
the same time, cases began to appear, or increase in number,
in the fields of social
liberal professions and
insurance,
gambling.

The transposal and effective application of the directives on
competition in the telecommunications industry were again
closely monitored by the joint team, together with each
Member State, in conjunction with the preparation of the fifth
report, adopted by the Commission on 10 November 1999,
on the implementation of the telecommunications regulatory
package (7). At the same time the Commission pushed ahead
with ongoing Article 226 proceedings against certain Member
States, and started a number of new ones.

(1) OJ L 291, 6.12.1995, p. 40.
(2) OJ L 316, 31.10.1992, p. 8.
(3) OJ L 316, 31.10.1992, p. 19.
(4) OJ L 76, 23.3.1992, p. 1.

(5) ECR 1997 I-5981.
(6) Case C-265/99.
(7) COM(1999) 537 final.

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2.2.1. Public enterprises

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

In this sector, the Commission decided in 1999 to send five
reasoned opinions concerning the non-conformity of national
provisions with directives on competition in the telecommuni-
cations industry or incorrect application of these directives.
These opinions were sent to Austria, Spain, France, Greece and
Italy.

In addition, there were two reasoned opinions, sent to Belgium
and Portugal, which were not mentioned in the 1998 report;
the Commission had taken the decisions on 2 December 1998
but did not send them until March 1999. The Portuguese case
was then withdrawn on 22 December 1999. The infringement
consisted of failure to transpose Directive 90/388/EEC (1), as
amended by Directive 96/19/EC (2), in conjunction with the
Commission Decision of 12 February 1997 concerning the
granting of additional implementation periods to Portugal for
the implementation of Directive 90/388/EEC as regards full
competition in the telecommunications markets. The Com-
mission should have been notified no later than 1 July 1997
of all measures adopted to lift restrictions on the provision of
already liberalised telecommunications services. Portugal had
not notified all the necessary measures. It had abolished legal
restrictions, but had provided for a period of 120 days for the
amendment of existing licences. It had also failed to define the
rights of potential investors and fix the level of fees. The
proceedings were closed following notification, on 21 April
1999, of Decree-Law 92/99 and confirmation, at a bilateral
meeting on 14 September,
licences had been
awarded since the beginning of 1999. The Belgian case was
referred to the Court of Justice and is reported below. In
another case involving Portugal, relating to call-back services,
it was decided to send a reasoned opinion on 21 April 1999.

that eight

Austria failed to apply Directive 96/2/EC properly, in that it
prohibited the allocation of DCS-1800 frequencies to existing
operators of GSM-900 systems unless they could provide
evidence of congestion problems in the 900 MHz band. This
exception, however, gave an advantage to Mobilkom, the
former public operator, which was authorised to launch its
service nearly three years before the second operator, Maxmob-
il, and therefore has more subscribers. However, Austria has
now also allocated DCS-1800 frequencies to the second
operator, thus rectifying the situation.

At the beginning of 1999 the Commission also sent reasoned
opinions to Italy and Spain, which had not allowed the former
telecommunications monopolies to rebalance their tariffs (and
in particular to align line rental charges to the underlying
costs) and had not submitted a detailed timetable for phasing
out the imbalance, as required by Directive 90/388/EEC as
amended by Directive 96/19/EC. However, the Commission
postponed referral to the Court after Spain confirmed that
it regarded Telefo´ nica’s tariffs as having been sufficiently
rebalanced, and Italy adopted tariff amendments and intro-
duced a price cap allowing Telecom Italia to change its tariffs
to comply with the thresholds laid down. Nevertheless, the
Commission continued its examination of these measures,
particularly in view of Telefo´ nica’s appeal against the Spanish
government’s decision to regard its tariffs as rebalanced.

The Commission also sent a reasoned opinion to France on
the grounds that it had required mobile operators to contribute
to the net cost of the universal service provided by France
Telecom in 1997 although the latter still enjoyed a monopoly
for voice telephony, and because France had calculated this net
cost in a manner likely to overvalue it. Finally, the Commission
sent a reasoned opinion to Greece, which had still not
transposed or properly applied Directive 94/46/EC (3) liberalis-
ing the provision of satellite services. The Greek authorities
had not yet authorised any company other than the public
operator OTE to provide such services.

In 1999 the Commission referred to the Court of Justice five
instances of national measures which were not consistent with
directives on competition in the telecommunications industry
or did not transpose these directives correctly. These cases
involved Belgium and Greece (two each) and Portugal.

The two cases against Belgium related respectively to its failure
to transpose the obligation to define principles of analytical
accounting for the public voice telephony operator, in accord-
ance with Article 4 of Directive 90/388/EEC as amended by
Directive 96/19/EC, and to the fact that the Belgian regulations
did not comply with that Directive and Directive 97/33/EC (4),
as they wrongly included preferential tariffs for the press in

(1) Commission Directive of 28 June 1990 on competition in the

markets for telecommunications services.

(2) Commission Directive of 13 March 1996 amending Directive
90/388/EEC with regard to the implementation of full competition
in telecommunications markets.

(3) Commission Directive of 13 October 1994 amending Directives
88/301/EEC and 90/388/EEC with regard to satellite communi-
cations.

(4) Directive 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).

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the universal service and did not make provision either for the
method of calculating operators’ contributions to the financing
of the universal service or for a forecasting method for
calculating the net cost of this service. However the first case,
which the Commission decided to refer to the Court on 1 July,
was subsequently withdrawn following the adoption of a
Royal Decree on 4 October 1999 establishing accounting
principles and thus putting an end to the infringement.

Two proceedings were initiated against Greece. The first was
for incorrect application of Directive 90/388/EEC as amended
by Directive 96/2/EC (1),
in that despite the availability of
frequencies the Greek government had not laid down the
conditions to be met for the awarding of an additional
DCS-1800 mobile licence. The second concerned incorrect
application of Article 2(2) of Directive 96/2/EC; as Greece had
not liberalised DECT services by the prescribed deadline.
Finally, the case against Portugal, for non-compliance of its
regulations with Directive 90/388/EEC as amended by Direc-
tive 96/19/EC, related to its ban on call-back services, which
were incorrectly classified in the same category as voice
telephony.

to Portugal

A reasoned opinion was also sent
in 1999
concerning a merger. On 20 July the Commission adopted a
decision in case IV/M.1616 (BSCH/Champalimaud) pursuant
to Council Regulation No 4064/89 on the control of concen-
trations between undertakings. This decision ordered the
suspension of the Portuguese Finance Minister’s decision of
18 June 1999 opposing the concentration, on the grounds
that the latter decision was inconsistent with Article 21 of the
Regulation. The Portuguese authorities had not given prior
notification of these measures and, secondly, the interests
the authorities relied on, particularly national and strategic
interests, could not be regarded by the Commission as
legitimate. As regards the prudential interests also relied on,
the Commission expressed serious doubts as to whether they
were the basis for the measures adopted by the Portuguese
authorities. By letter of 11 August 1999, the Portuguese
authorities contested the Commission’s decision. Conse-
quently, infringement proceedings were initiated against Portu-
gal. In view of the urgency (ongoing concentration process),
the deadline for responding to the letter of formal notice was
reduced to two weeks. The Portuguese authorities sent their
comments to the Commission on the day of the deadline,
24 September. These comments did not contain anything new,
and the Portuguese authorities merely repeated their intention
to appeal to the Court of Justice against the Commission’s
decision of 20 July. The Commission then decided to send the
reasoned opinion and, in view of the urgency, to reduce the
time for achieving compliance to one week. The deadline
expired on 20 October without the Portuguese authorities
having provided the Commission with any information. A

check carried out on 26 October confirmed there had been no
response. Subsequent discussions took place between the
Member of the Commission responsible for competition and
the Minister. Despite substantial progress, the matter had not
been resolved by 31 December 1999.

amending Directive
93/84/EEC
Regarding Directive
80/723/EEC on the transparency of financial relations between
Member States and public undertakings, the Commission had
sent Greece a reasoned opinion on 15 October 1997 as a
result of a 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. As this
did not settle the disagreement, the Commission asked the
Greek authorities for additional information on 19 October
1998, followed by a reminder on 7 December. On 24 February
1999 the Greek authorities provided a list of six companies
which in 1997 fell under the scope of the Directive, but not
the annual accounts of these companies which the Directive
required them to provide, within a maximum of nine months
from the end of each company’s financial year. This matter is
therefore still pending.

In the field of transport, on 10 February the Commission
adopted a decision under Article 86(3) (2) to the effect that the
Portuguese system of discounts on landing charges and the
differentiation of charges according to the origin of flights
constitued discrimination incompatible with Article 86(1) in
conjunction with Article 82. On 4 May 1999 the Portuguese
authorities appealed to the Court of Justice, though without
requesting suspension of enforcement. As Portugal did not
comply with the decision within the prescribed period of two
months, the Commission sent the Portuguese authorities a
letter of formal notice in accordance with Article 226 of the
Treaty.

2.2.2. Monopolies

There were no infringements against Article 31 in 1999.

2.3. Enterprise policy, distributive trades, tourism and

cooperatives

Two complaints received in 1999 were the subject of infringe-
ment proceedings with reference to Articles 12 and 49 of the
EC Treaty.

(1) Commission Directive of 16 January 1996 amending Directive
90/388/EEC with regard to mobile and personal communications.

(2) OJ L 69, 16.3.1999, p. 31.

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The first was against Portugal and concerned preferential rates
given only to Portuguese nationals aged 60 or over for
accommodation in ‘Pousadas’ managed exclusively by Enatur
(state tourism enterprise) under a concession from the Portu-
guese Government, which owns all the shares in Enatur.

Following correspondence between the Commission and the
Portuguese authorities, and although the latter did not formally
acknowledge the existence of discriminatory rates, the rates
published on the ‘Pousadas de Portugal’ website in English
were amended to include a special discount of 40 % for
persons aged 60 or over regardless of their nationality. As a
result, the infringement proceedings were closed.

The second, against Italy, concerned concessions on entrance
fees for Italian museums and public monuments applicable
only to Italian nationals aged 60 or over.

As the Italian authorities failed to reply to requests for
information, a letter of formal notice was sent on 1 July 1999.
The Italian government reacted on 5 October 1999, although
the deadline was 1 September 1999. The reply was found to be
inadequate, as it recognised the existence of the infringement
without putting forward measures to put an end to it. The
Commission therefore issued a reasoned opinion against Italy
under Article 226(1) of the EC Treaty.

and vocational training. Article 12 of the EC Treaty requires
Member States to abstain from any discrimination on grounds
of nationality.

Many of the individual cases drawn to our attention can
be resolved by providing the parties concerned with clear
information about their rights and the scope of Community
law in this field.

Nevertheless, the Commission still sent two letters of formal
notice to Belgium and Austria. In both cases it considered
national legislation to be in contravention of the Treaty in that
it required holders of secondary education certificates awarded
in another Member State to meet conditions for access to
university or higher education which were different from
those applicable to people with national certificates. Such
arrangements, which require prospective students either to
pass an exam or present a certificate showing that they have
already been admitted to the chosen field of study in their
Member State of origin, constitute discrimination which is
prohibited by the Treaty.

2.5. Social affairs

Incorporation of the social directives into national
law is
almost complete. Out of 63 directives, 53 have already entered
into force, requiring the adoption of national instruments in
the fifteen Member States. 38 directives (71,69 %) have already
been transposed in all Member States. Total compliance with
the directives is the main concern of the Commission, which
checks that they have been properly transposed in each
Member State.

2.4. Education, training and youth

2.5.1. Free movement of workers

The level of complaints and infringements in the field of
education was the same as in previous years. The number of
complaints, requests for information and letters from students
encountering difficulties or experiencing obstacles to mobility
in education is growing. However, only a small number of
cases reflect situations in which national legislation involves
direct or indirect discrimination on grounds of nationality and
thus contravenes the Treaty. At the moment, the EC Treaty
makes each Member State responsible for the content of
teaching and the organisation of its own education system.

The Commission has initiated and/or is continuing with a
number of infringement proceedings against several Member
States concerning the application of Regulations
(EEC)
No 1612/68 and (EEC) No 1408/71.

It is continuing with infringement proceedings against Belgium
for failing to implement the Court’s judgment in Case C-47/93
concerning the allocation of funding to Belgian universities for
students who have come from other Member States solely to
follow a university course.

The competent authorities are entitled to make admission to a
course subject to prior academic recognition of qualifications
obtained in another Member State. Member States are also free
to lay down rules governing this type of procedure, as there
are no Community rules requiring them to recognise, for
academic purposes, diplomas obtained in another Member
State. However, as regards conditions of access to education

Infringement proceedings continue against Germany, first of
all regarding the granting of welfare benefits to migrant
workers when their families join them, and secondly concern-
ing the rule making welfare benefits conditional on the
presentation of a residence permit. Following the reasoned
opinions sent to Germany on these subjects, the Commission
is working with the country’s authorities in order to find
satisfactory solutions.

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Infringement proceedings continue against Denmark concern-
ing its rules and practices restricting the use by frontier workers
in Denmark of vehicles registered in another Member State
and belonging to their employer based in that country. In the
meantime, Denmark has amended its rules in a manner which
is not entirely satisfactory to the Commission.

Following Commission intervention, France, Luxembourg and
Belgium amended their rules preventing frontier workers from
benefiting from public transport
fare concessions on the
grounds that they were not resident in the country in question.
The Commission therefore decided to end the infringement
proceedings.

The infringement proceedings against the Netherlands were
also dropped following the amending of the legislation pre-
venting unemployed Belgian frontier workers from being
eligible for benefits from a fund which pays for supplementary
pension insurance while workers are not in paid employment.

Following the Commission’s intervention with the Netherlands
authorities concerning the fee for the issuing of permanent
residence papers, the situation was resolved and the infringe-
ment proceedings closed.

The Commission decided to drop infringement proceedings
against Luxembourg after it amended its legislation concerning
the nationality criterion for access to the country’s civil service.
However, infringement proceedings in the same field continue
against Greece and Spain, on the basis of Article 228 and
Article 226 of the EC Treaty respectively. In the case of Greece,
if the matter goes to the Court of Justice, the Commission will
propose a fine of EUR 57 400.

On the basis of the case law relating to the Schöning (1) and
Commission v Greece (2) cases and the associated complaints,
the Commission embarked upon an analysis of the rules in
force in a number of Member States relating to the recognition
of periods of service that a worker recruited into the public
service has completed in the public service of another Member
State. As a result of this examination, the Commission sent
reasoned opinions to Germany and Ireland.

Concerning the coordination of national social security sys-
tems, the Commission referred Germany’s special Act on social
security benefits for artists (Künstlersozialversicherungsgesetz-
KSVG) to the Court of Justice (3). Germany levies contributions

(1) Judgment of the Court of 15 January 1998 in Case C-15/96.
Kalliope Schöning-Kougebetopoulou v Freie and Hansestudt Ham-
burg, ECR 1998 I-47.

(2) Judgment of the Court of 12 March 1998 in Case C-187/96,
Commission of the European Communities v Hellenic Republic,
ECR 1998 I-1095.

(3) Case C-68/99.

on remunerations paid by German publishers to writers who
are not covered by German legislation, under the provisions
of Regulation (EEC) No 1408/71 concerned with determining
which country’s law is applicable. Furthermore, the Court has
found for the Commission in two cases concerning deduction
by the French authorities of the general social contribution
(Contribution sociale généralisée — CSG) (4) and of the social debt
repayment contribution (Cotisation pour le remboursement de la
dette sociale — CRDS) (5) from the employment income and
substitue income of frontier workers. 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 is also pending before the Court of
Justice (6).

The Commission decided to drop the case against France
regarding its interpretation of the administrative conditions
laid down by Article R313.5 of the French Social Security
Code in cases where a person applying for invalidity benefit
was not working on French territory when the risk of invalidity
arose. The French authorities agreed to interpret these pro-
visions in the light of the relevant provisions of the Treaty, and
an appropriate circular was produced.

Three new proceedings were initiated, and reasoned opinions
sent to:

— Denmark, concerning the refusal of the country’s auth-
orities to apply Danish legislation and grant benefits to
workers from other Member States working on oil
platforms on the Danish continental shelf, thus depriving
a number of United Kingdom workers of social security
benefits. The Commission is of the opinion that Article 39
of the EC Treaty and Article 13(2)(a) of Regulation (EEC)
No 1408/71 oblige Denmark to cover these workers by
its social security system, even though the employer is
established on the Isle of Man,

— the Netherlands authorities, for their refusal to continue
to pay unemployment benefits to a frontier worker
wishing to spend three months looking for work in
France. The Commission considers that Article 69 of
Regulation (EEC) No 1408/71 obliges the Netherlands
to export unemployment benefits without making a
distinction between frontier workers and other workers,

— France, concerning the rights of civil servants in the
teaching profession who, according to French legislation,
are not entitled to their French pension for periods of
secondment, despite the fact that during such periods
they are required to pay retirement insurance contri-
butions both under French legislation and the legislation
of the host Member State. The Commission regards this
situation as an obstacle to freedom of movement for
workers.

(4) Case C-169/98.
(5) Case C-34/98.
(6) Case C-347/98.

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2.5.2. Equal treatment for men and women

The Commission brought an action before the Court against
France (1) under Article 228 of the EC Treaty for failing to take
the necessary measures to comply with the judgment of
13 March 1997 in Case C-197/96 (2) in which the Court ruled
against France for maintaining a ban on night work by women
in industry whereas no such prohibition exists in relation to
men. The Commission is asking the Court to impose a fine of
EUR 142 425 on France. Similar infringement proceedings
against Italy following a Court judgment of 4 December
1997 (3) were dropped following notification of measures
amending the legislation which had been incompatible with
Community law.

Regarding Directive 92/85/EEC on the protection of pregnant
women, the Commission sent reasoned opinions to:

— France, for not specifically including in its legislation the
possibility for pregnant women to be released from work
if necessary in order to protect their health,

— Ireland: although the required evaluation of the risks to
the health of female workers must relate to a series of
activities, of which a non-exhaustive list is given in an
annex to the Directive, the Irish list is exhaustive, thus
contravening the Directive,

— Italy, for imposing an absolute ban on night work in the
manufacturing industry from the start of pregnancy until
seven months after the birth,

— Luxembourg, firstly for stipulating in its legislation that
the pregnant woman must be covered by a social security
system (which is not required in the Directive), secondly
for not requiring employers to carry out an evaluation of
the risks to the health and safety of pregnant women, and
finally for unnecessarily banning night work by women
in certain circumstances,

— Sweden, for not including in its legislation a compulsory
period of two weeks during which women are not
allowed to work.

Regarding Directive 96/34/EC on parental leave, the Com-
mission decided to take Italy to the Court of Justice for failing
to transpose the Directive into national law by June 1998 (4).

The Commission brought actions before the Court against
Greece (5), France (6) and Luxembourg (7) for failing to notify
it 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,
adopted
States
implementing measures by 1 July 1997. In its judgment of
the Court ruled against France, and new
8 July 1999,
proceedings based on Article 228 of the EC Treaty were
initiated.

the Member

should

have

Concerning application of Directive 79/7/EEC of 19 December
1978 on the progressive implementation of the principle of
equal treatment for men and women in matters of social
security (statutory schemes), the Court,
in its judgment of
28 October 1999, ruled against Greece (8) on the grounds that
Greek legislation regarding the granting of marriage allowances
and how they are taken into account for the purposes of
calculating old-age or retirement pensions is inconsistent with
Community law. Greece had not given retroactive effect dating
back to 23 December 1984 (date of entry into force of the
Directive) to the measures transposing this Directive, which
provides for equal treatment for men and women with regard
to granting of the marriage allowance and its inclusion in the
calculation of old-age or retirement pension. It should be
noted that this calculation discrepancy also implies non-
compliance of the legislation with Directive 75/117/EEC and
Article 141 of the EC Treaty. The retroactive effect of the
implementing measures does not go back to 1 January 1981
(date on which Directive 75/117/EEC entered into force in
Greece).

2.5.3. Working conditions

The reasoned opinions sent by the Commission regarding
Directive 93/104/EC concerning certain aspects of the organis-
ation of working time led to several Member States notifying
it of transposal. Greece transposed the Directive through
Presidential Decree 88/1999, and Portugal did so by Law
73/1999 of 10 November. The Commission brought two new
actions before the Court, against France (9) and Luxem-
bourg (10), and Mr Advocate General Alber delivered his
opinion on the latter case on 16 November 1999. On the
same day Mr Advocate General Jacobs delivered his opinion in
the case pending against Italy (11).

(1) Case C-224/99.
(2) Judgment of the Court of 13 March 1997 in Case C-197/96,
Commission of the European Communities v French Republic,
ECR 1997 I-1489.

(3) Case C-207/96, Commission v Italy. (ECR I-6869).
(4) Case C-445/99.

(5) Case C-457/98.
(6) Case C-354/98.
(7) Case C-438/98. Mr Advocate General La Pergola delivered his

opinion on 24 June 1999.

(8) Case C-187/98, Commission v Hellenic Republic.
(9) Case C-46/99.
(10) Case C-48/99.
(11) Case C-386/98.

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In its judgment of 16 December 1999, the Court ruled against
Luxembourg (1) for failing to notify transposal of Directive
94/33/EC concerning the protection of young people at
work. It was also decided to refer the case against France (2)
concerning transposal of this Directive was to the Court. Italy,
by contrast, transposed the Directive through its Regulation of
4 August 1999 and notified the Commission accordingly.

The Court of Justice ruled against Luxembourg for failing to
transpose Directive 94/45/EC on the establishment of a
European Works Council (3). Portugal, the subject of a decision
to take action before the Court for the same reason, transposed
this Directive by its Law of 9 June 1999, which was duly
notified to the Commission.

A reasoned opinion was also sent to Italy concerning incorrect
transposal of Directive 77/187/EEC relating to the safeguarding
of employees’ rights in the event of transfers of undertakings.
A reasoned opinion regarding incorrect transposal of Directive
98/59/EC on collective redundancies was sent to Greece. In the
pending case concerning transposal of Directive 80/987/EEC
relating to collective redundancies (4), a new Act was notified
to the Commission, which is examining it before deciding on
further steps.

2.5.4. Health and safety at work

With regard to Framework Directive 89/391/EEC, its individual
directives (5) and the ‘independent’ Directive (92/29/EEC con-
cerning medical treatment on board vessels), only one Member
transposed Directive
State, Luxembourg, has not yet
92/29/EEC.
infringement proceedings under
In this case,
Article 228 of the EC Treaty for failing to implement the
Court’s judgment are continuing (6). Ireland and Italy, whose
failure to transpose Directive 93/103/EEC had been the subject
of Court judgments (7), have recently notified the Commission
of their national implementing measures.

(1) Case C-47/99.
(2) Case C-45/99.
(3) Judgment of 21 October 1999, Case C-430/98, not yet reported.
(4) See judgment of the Court of 8 November 1990 in Case C-53/88.
Commission of the European Communities v Hellenic Republic,
ECR 1990 I-3917.

(5) 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.

(6) Judgment of the Court of 29 October 1998 in Case C-410/97,
Commission of the European Communities v Grand Duchy of
Luxembourg, ECR 1998 I-6813.

(7) Judgments of the Court of 27 October 1998 in Case C-364/97,
Commission of
the European Communities v Ireland, ECR
1998 I-6593, and of 21 September 1999 in Case C-362/98,
Commission of the European Communities v Italian Republic, not
yet reported.

In the case of directives amending individual directives or
adapting them to technical progress (8), the rate of notification
of national
implementing measures increased substantially
during 1999, but is not yet fully satisfactory. Consequently,
infringement proceedings are continuing against Member
States which have not yet notified the Commission of their
national implementing measures. Decisions have already been
taken to refer some of these to the Court of Justice, such as
Italy for failing to transpose Directives
the cases against
95/30/EC (9), 97/59/EC (10) and 97/65/EC (10).

Concerning the conformity of national measures implemen-
ting Framework Directive 89/391/EEC, the Commission has
sent reasoned opinions, for incorrect transposal, to Germany,
Belgium, Italy, Luxembourg and the Netherlands.

Reasoned opinions for incorrect transposal were also sent to
Italy (Directive 89/655/EEC) Sweden (Directive 90/269/EEC)
and Italy (Directive 90/270/EEC).

2.6. Regional and cohesion policy

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 state that
measures which are cofinanced by the Community must
comply with Community law. This principle is reiterated by
Article 12 of Regulation (EEC) No 1260/99 laying down
general provisions on the Structural Funds. This means that if
a measure is found not to comply with Community law,
funding can initially be suspended and subsequently reduced
or withdrawn.

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

For the new programming period (2000 to 2006). Article 39
of Regulation (EC) No 1260/99 confirms the policy of
compliance with Community law and lays down details of
how responsibility is to be shared between the Commission
and the Member States.

(8) Directives 93/88/EC, 95/30/EC, 97/59/EC, 97/65/EC and

95/63/EC.
(9) Case C-439/98.
(10) Case C-312/99.

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In connection with measures cofinanced by these Funds, the
Member States, in accordance with the principle of subsidiarity,
bear primary responsibility for ensuring that Community law
is correctly applied and for implementing any necessary
financial corrections. However, subsidiarity does not detract
from the Commission’s responsibility and does not affect its
rights under Article 226 of the Treaty. On the contrary, the
Commission is duty-bound to ensure that the Member States
establish appropriate monitoring systems and that beneficiaries
comply with Community law.

Infringement proceedings are independent of
the action
described in the former Article 24 of Regulation (EEC)
No 4253/88 and the new Article 39 of Regulation (EEC)
No 1260/99. This was confirmed by Community case law
(T-461/93, An Taisce v The National Trust for Ireland and
WWF, judgment of 23 September 1994). However, there must
be consistency between the two procedures. Thus, in principle,
if a letter of formal notice is sent as part of infringement
proceedings, grant payments are suspended. Furthermore, after
a reasoned opinion is sent, the procedure for reducing or
withdrawing funding must be started. Similarly, the dropping
of infringement proceedings under Article 226 of the EC
Treaty does not necessarily mean the Commission loses its
right to withdraw Community cofinancing if it feels the
infringement committed was sufficiently serious.

Only a relatively small proportion of infringements (suspected
or established) against environmental or public procurement
rules are (or could be) linked to Community cofinancing:
6,3 % of environment cases and 5,6 % of public procurement
cases.

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

rather

Nevertheless, in spite of these objective difficulties, funding is
in some cases suspended or withdrawn. For example, the
Commission decided to withdraw ERDF assistance from
an architectural competition in France owing to a serious
irregularity constituting an infringement of the Treaty pro-
visions on the freedom to provide services.

However, before taking a decision on the reduction or
withdrawal of Community funding, the Commission assesses
the seriousness of the infringement on a case by case basis.
This is to ensure that serious infringements do not escape
without penalty and that less-developed regions or regions
affected by restructuring are not hit disproportionately as a
result of minor infringements. Furthermore. Article 39 of
Regulation (EC) No 1260/1999 states that financial corrections
must be in proportion and lays down certain criteria for this,
namely the nature of the irregularity or modification and the
extent or financial consequences of failings in the Member
States management or control systems.

Community assistance is currently suspended in other cases
in which infringement proceedings are in progress, e.g. a
Greek hospital construction project, for reasons linked to a
procedure for the award of public contracts. Assistance is
also currently suspended, for environmental reasons, in the
case of a Spanish roadbuilding project, a joint project, a
joint project involving Germany and the Netherlands, an
Irish golf course project, and a project to protect the caretta-
caretta tortoise in Greece.

Finally, in the event of a Commission decision to reduce or
withdraw funding, the Member State in question is of course
entitled to appeal to the Court of Justice under Article 230 of
the EC Treaty.

2.7. Budget matters

2.7.1. General points

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 complaint
is failure to comply with Directive
85/337/EEC (environmental impact assessment) or with the
obligations arising from Directive 92/43/EEC on habitats.

Very few infringements in the budget field reach the reasoned
opinion or referral to the Court stages. Although the number
of proceedings rose in 1999, especially in the field of own
resources, most cases were resolved before such action.

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2.7.2.

Incorrect application

2.8.3. Energy efficiency

2.7.2.1. Previously initiated proceedings

The infringement proceedings initiated against Belgium, which
in cases where debtors were authorised to pay in instalments
did not transfer the own resources concerned until it had
recovered the full amount in question, was closed. Belgium
agreed to pay the principal and interest on arrears due under
Article 11 of Council Regulation (EEC) No 1552/89 (1) as a
result of the delay in payment.

On the other hand, in the case of the proceedings against Italy
for deducting, without sufficient grounds, amounts from its
own-resources payments relating to customs duties on imports
bound for San Marino, it was decided on 2 December 1998 to
refer the matter to the Court. Italy was felt not to have
complied with Regulation (EEC) No 1552/89 and the earlier
Council Regulation (EEC) No 2891/77 (2), and as the Com-
mission considered that Article 2 of those Regulations remain
applicable during a suspension period, it decided to implement
the referral on 13 October 1999.

2.7.2.2. New proceedings

The Commission decided to open infringement proceedings
Italy concerning interest on arrears due under
against
Article 11 of Regulation (EEC) No 1552/89 owing to late entry
of own resources amounting to ITL 1 484 936 000 000.

2.8. Energy

2.8.1.

Introduction

transposed Directive 96/57/EC of

the
Italy has still not
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.

All Member States have now implemented Commission Direc-
tive 96/60/EC on energy labelling of household combined
washer-dryers. Belgium has yet to transpose Commission
Directive 96/89/EC amending Directive 95/12/EC. Com-
mission Directive 97/17/EC on energy labelling of household
dishwashers, for which the deadline for transposal was 28 Feb-
ruary 1999 (3), has been transposed only by France, Greece,
Ireland, Italy, Luxembourg, the Netherlands and Spain. Direc-
tive 98/11/EC of 27 January 1998 on energy labelling of
household lamps, which was due to be transposed by 14 June
1999, has been transposed only by Denmark, Spain, France,
the United Kingdom and Sweden.

2.8.4. Oil and gas

Council Directive 98/93/EC of 14 December 1998 amending
Directive 68/414/EEC imposing an obligation on Member
States of the EEC to maintain minimum stocks of crude
oil and/or petroleum products, due to be transposed by
31 December 1999, has been transposed only by Belgium,
Denmark, Germany, the Netherlands and Spain.

The rate of transposal of the directives as a whole increased
compared with 1998 to 8 %.

2.9. Transport

2.8.2.

Internal market for electricity and natural gas

Directive 96/92/EC of
the European Parliament and the
Council of 19 December 1996 concerning common rules for
the internal market
in electricity, which was due to be
transposed by 19 February 1999 at the latest, has not yet been
transposed by France and Luxembourg.

Directive 98/30/EC of the European Parliament and of the
Council concerning common rules for the internal market in
natural gas must be transposed by 10 August 2000.

The Commission monitors three aspects of the implementation
of Community transport law: notification of the national
measures implementing the directives, conformity of these
measures and practical application of directives, regulations
and Treaty provisions.

In 1999, 11 new transport directives became due for trans-
posal. Regrettably, as in previous years, most of the Member
States are very late in adopting national measures. This has
resulted in a very poor rate of notification of national measures
implementing directives due for transposal in 1999.

(1) OJ L 155, 7.6.1989, p. 1.
(2) OJ L 336, 27.12.1977, p. 1.

(3) Deadline for transposal as amended by Directive 99/9/EC of

26 February 1999 (OJ L 56, 4.3.1999).

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However, notification speeded up once infringement proceed-
ings were started. Failure to notify thus accounted for over
four-fifths of the 125 instances in which proceedings were
dropped by the Commission in 1999.

last case still open, which it had been decided to refer to the
Court of Justice,
is likely to be dropped after adoption of
transposing measures by the Member State concerned.

Eight of the 11 new directives amend earlier directives to adapt
them to technical progress, promote alignment of national
legislation, strengthen Community law or comply with inter-
national conventions.

Despite the 11 new directives, the average transposal rate for
transport directives has improved appreciably to over 80 % at
the end of 1999 (whereas it was less than 80 % at the end of
1998). Remarkable progress has been made with sea transport,
for which the transposal rate has risen by more than 20 points
(to 79 % at the end of 1999 compared with 59 % at the end of
1998).

The year-on-year figures for complaints received and cases
identified on the Commission’s own initiative have remained
stable.

2.9.1. Road transport

While it has been possible to drop all the infringement
proceedings for failure to notify the Commission of national
measures implementing the most recent amending Directive
97/26/EC on driving licences, there is still grave concern
regarding the transposal of the basic Directive 91/439/EEC.
Examination of national transposal measures reveals that in
nine Member States there are many discrepancies in such
matters as the minimum age for a vehicle category, renewal of
licences for EU citizens No longer residing in the Member State
of issue, criteria for test vehicles, the duration of the practical
test and minimum requirements in terms of physical and
mental aptitude. The procedures for 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.

As regards the maximum authorised dimensions in national
and international traffic and the maximum authorised weights
in international road traffic, only two Member States have
still to notify their national measures transposing Directive
96/53/EC. However, proceedings have opened in three cases
against Member States whose national measures have proved
on scrutiny to be at variance with the Directive’s requirements.

The five infringement cases for failure to notify national
measures implementing Directive 96/96/EC on roadworthi-
ness tests for motor vehicles were dropped in 1999 and the

The Road Safety Directive 94/55/EC as amended by Directive
96/86/EC seeks to align Member States’ road haulage legis-
lation and lays down requirements for road transport of
packaged and bulk dangerous goods. These directives have still
not been transposed in Ireland and Greece, and the Com-
mission has decided to refer to the Court of Justice their failure
to notify national implementing measures. It has also been
decided to bring a court case against one Member State
(Ireland) which has not yet notified the Commission of its
national measures giving effect to Directive 95/50/EC, whose
purpose is to harmonise procedures for checks on the transport
of dangerous goods by road in order to allow more effective
verification of compliance with safety standards. Ireland has
not transposed any of the directives on road or rail transport
of dangerous goods.

In the area of taxation, proceedings are still in progress against
Belgium for non-conformity of the measures implementing
Directive 93/89/EEC (taxes, tolls and charges for the use of
certain infrastructures). On receiving the reasoned opinion,
Belgium has just notified the transposal instruments, which
are still being scrutinised.

2.9.2. Combined transport

All Member States have now transposed Directive 92/106/EEC
on the establishment of common rules for certain types of
combined transport of goods between Member States. How-
ever, in the proceedings against Italy and Finland for incorrect
application or non-conformity of national
implementing
measures, the Commission has decided to bring a court action
against Italy and to send a reasoned opinion to Finland.

2.9.3.

Inland waterways

Transposal of Directive 96/50/EC on harmonisation of the
conditions for obtaining national boatmasters’ certificates for
inland waterway navigation, which was due for transposal in
1998, has given rise to non-notification proceedings, which
are still in progress in three cases. However, two of the Member
States concerned — France and the Netherlands — have
recently informed the Commission of draft instruments trans-
posing this Directive and it should be possible to drop the
proceedings in the first weeks of the year 2000.

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Proceedings against the two Member States which concluded
bilateral inland waterways agreements with third countries are
continuing with the Commission’s decision to send reasoned
opinions to both, on the grounds that this is exclusively a
matter for the Community.

As regards right of establishment, proceedings are in hand
against Italy for non-conformity with Articles 43 and 48 of
the Treaty of its national legislation specifying the conditions
on which shipping lines legally established in another Member
State may participate on the same terms as Italian shipping
lines in the Italian conference traffic quota.

2.9.4. Rail transport

Proceedings had been opened in many cases of failure to notify
national measures transposing 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 infrastructure fees, which sought to strengthen
Directive 91/440/EEC on the development of the railways to
facilitate the adaptation of the Community railways to the
needs of the Single Market and increase their efficiency. All
these proceedings were finally dropped, although some had
already reached the stage of referral to the Court of Justice.

An outstanding problem with conformity of the measures
implementing these directives led the Commission to start
proceedings against Portugal for incorrect transposal of Direc-
tive 95/19/EC.

In the field of railway safety. Directive 96/49/EC as amended
by Directive 96/87/EC provides for the approximation of the
laws of the Member States with regard to the transport of
goods,
laying down uniform safety rules in this sector to
improve safety and facilitate movement of rolling stock
and equipment throughout the Community. These directives,
which apply to transport of dangerous goods by rail in or
between Member States, have still to be transposed in Ireland.
Greece and Portugal and the Commission has decided to issue
reasoned opinions on the failure of these countries to notify
national implementing measures.

the trans-
Directive 96/48/EC on the interoperability of
European high-speed rail system, which was due for transposal
in 1999, continues to give cause for concern since 11 out of
the 12 infringement cases opened have reached the reasoned
opinion stage. The purpose of this Directive is to promote
interconnection and interoperability of the national high-
speed train systems at the various design, construction and
commissioning stages but also at the level of operation and
access.

Compliance with Community legislation on registration and
flag rights continues to be a problem. White it has finally
been possible to drop the proceedings against Belgium,
arrangements for entering vessels in shipping registers and
granting flag rights remain discriminatory in France,
the
Netherlands and Finland, against which proceedings are con-
tinuing. The Court of Justice had ruled against Ireland (1) and
Greece (2) for retaining nationality rules which contravened
Community law on the registration of merchant vessels
and the Commission had started proceedings against these
countries under Article 228 of the Treaty for failure to comply
with the Court’s judgments. The proceedings against Ireland
were dropped following notification of new national measures
complying with Community law. Greece has notified a draft
presidential decree which is compliant, but which is still to be
signed and published.

As regards maritime cabotage, proceedings have been taken
against several Member States for maintaining or adopting
national regulations in contravention of Regulation (EEC)
No 3577/92, which provides for maritime cabotage to be
opened up from 1 July 1993 to Community shipowners
operating ships registered in and flying the flag of a Member
State.

Where cargo-sharing agreements between Member States and
third countries are concerned, the principle of freedom to
provide services enshrined in Regulation (EEC) No 4055/86 is
not yet respected by all Member States. In 1999, the Court of
Justice ruled against Belgium for its agreement with Zaire (3).
Côte d’Ivoire, Senegal, Mali (4) and Togo (5) and against Luxem-
bourg for its agreement with Côte d’Ivoire, Senegal and

2.9.5. Sea transport

The Commission notes that
there has been progress in
implementing Community sea transport law, both as regards
freedom to provide services and in the whole area of safety at
sea.

(1) Case C-151/96 Commission v Ireland [1997] ECR I-3327,

Judgment of the Court (Fifth Chamber) of 12 June 1997.

(2) Case C-062/96 Commission v Hellenic Republic, Judgment of the

Court (Fifth Chamber) of 27 November 1997.

(3) Case C-170/98 Commission v Belgium, I-5493, Judgment of the

Court (First Chamber) of 14 September 1999.

(4) Case C-171/98 Commission v Belgium, I-5517, Judgment of the

Court (First Chamber) of 14 September 1999.

(5) Case C-201/98 Commission v Belgium, I-5517 Judgment of the

Court (First Chamber) of 14 September 1999.

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Mali (1). Proceedings are also continuing against Portugal for
its agreements with Angola and the successor states to the
former Yugoslavia.

The Commission is maintaining its efforts to improve safety
and prevent pollution of the seas, both by enforcing inter-
national 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
that the Member States are behind with transposal of the
relevant directives.

In order to avoid circumstances liable to give rise to accidents
during the transport of dangerous or polluting goods and to
limit the damage caused when such accidents occur, Member
States were required to give effect to Directive 93/75/EEC and
its amending Directives 96/39/EC, 97/34/EC and 98/55/EC,
which provide for application at Community level of the
international rules on minimum requirements for vessels
carrying dangerous or polluting goods. Although there have
been delays of several years in transposal, it is a matter of
satisfaction that virtually all proceedings started for failure to
notify national measures could be dropped in 1999.

Clear progress has been made on transposing Directive
94/57/EC, and its amending Directive 97/58/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 marine pollution. All proceedings for failure to
notify were in fact dropped, but proceedings for incorrect
transposal are continuing in four cases.

Following the accidents at sea in recent years (the shipwreck
of the Herald of Free Enterprise and the Estonia disaster), two
directives were adopted to improve the safety of maritime
passenger transport; Directive 98/18/EC laying down safety
rules and standards for passenger ships operating domestic
services and procedures for negotiation at international level
with a view to harmonising the rules for passenger ships
engaged on international voyages and Directive 98/41/EC on
the registration of persons sailing on board passenger ships
operating to or from ports of the Member States of the
Community. These two directives seek to improve safety and
likelihood of rescue for passengers and crew on passenger
ships bound for or leaving Community ports and to ensure
more effective action in the event of an accident. Regrettably,

there have been considerable delays in notification, with the
result that proceedings have been started in 20 new cases in
this connection. Proceedings concerning one or both of these
directives are still in hand against Austria, Belgium, Finland,
France, Italy, Luxembourg, the Netherlands, Portugal, Sweden
and the United Kingdom.

A prime example of the delays in transposing sea transport
directives is Directive 96/98/EC on marine equipment and its
amending Directive 98/85/EC. 10 of the 12 cases in which
non-notification proceedings were opened in 1998 were
dropped in 1999, while proceedings for failure to notify
measures implementing Directive 98/85/EC were opened in
eight cases. Proceedings are pending against Belgium, Greece,
Luxembourg, the Netherlands and Portugal.

As regards Directive 95/21/EC (port state control), which
harmonises ship inspection criteria, including rules for deten-
tion and/or refusal of access to Community ports, the Court of
Justice ruled (2) against Italy for failure to notify the Com-
mission of the transposing measures. On the other hand, the
proceedings against Belgium, Ireland and Portugal for incorrect
transposal were dropped. There are still difficulties with three
Member States (Italy, Luxembourg and Portugal) as regards
notification of the measures transposing the amending Direc-
tives 98/25/EC and 98/42/EC.

Regarding the human factor, the Commission decided to
open non-notification proceedings over Directive 98/35/EC
amending Directive 94/58/EC on the minimum level of
training of seafarers. Reasoned opinions were sent to eight
Member States which have not yet notified the transposing
measures to the Commission.

Finally, there are still many problems with transposal of
Directive 97/70/EC setting up a harmonised safety regime for
fishing vessels of 24 metres in length and over. It has been
decided that four out of the nine non-notification cases will be
referred to the Court of Justice (France, Italy, the Netherlands
and Portugal).

2.9.6. Air transport

The directive transposal rate in the air transport field is
reasonably satisfactory (nearly 90 % at the end of 1999) but
delays or failure to transpose have been noted for some
Member States.

(1) Case C-202/98 Commission v Luxembourg, I-5517, Judgment of

(2) Case C-315/98 Commission v Italy [1999] ECR I-8001, Judgment

the Court (First Chamber) of 14 September 1999.

of the Court (Fifth Chamber) of 11 November 1999.

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There has, for example, been considerable delay in notifying
the measures transposing Directive 98/20/EC amending Direc-
tive 92/14/EEC on limitation of the operation of certain types
of subsonic civilian jet aircraft. The Commission has thus
started proceedings in 12 cases, of which only four could be
dropped in 1999.

the Commission to decide to bring court actions against
Ireland, Italy, Portugal and Greece and to continue work on
the proceedings against the Netherlands, Spain and United
Kingdom, which have notified draft instruments intended to
bring their legislation into compliance with Community law.

Substantial progress was made in transposing the fundamental
principles governing the investigation of civil aviation acci-
dents and incidents established by Directive 94/56/EC. Of the
eight cases pending in 1998, only two — against Greece —
are still open at the stage of referral to the Court of Justice and
a ruling (1)has been given against Luxembourg, which has not
notified the Commission of transposing measures.

Regarding air traffic control, all the proceedings for failure to
notify measures transposing Directive 97/15/EC (adopting
Eurocontrol standards) were dropped (except in the case of
Germany).

The year 1999 saw a continuation of the substantial decline
already apparent in 1998 in the number of complaints and
cases concerning civilian aircrew licences and problems of
conformity of
the national measures with Directive
91/670/EEC on mutual acceptance of personnel licences for
the exercise of functions in civil aviation. However, while the
proceedings against Germany could finally be dropped, it was
decided to refer to the Court the failure of Belgium and France
to apply the Directive correctly.

Progress was also made in 1999 in the transposal of Directive
96/67/EC on access to the ground-handling market. Only two
Member States — Belgium and Sweden — have so far failed to
transpose the Directive into national
law and it has been
decided to institute court proceedings against them. Two
complaints about Member States’ application of Directive
96/67/EC are also being examined by the Commission.

The infringements noted in connection with airport taxes also
continued. Imposition by Member States of varying rates of
tax depending on passenger destinations (internal flights/intra-
Community and/or international routes) is incompatible with
the principle of freedom to provide services stipulated in the
field of air transport by Regulation (EEC) No 2408/92 and
with EU citizens’ freedom of movement under Article 18 of
the Treaty. The existence of such discriminatory taxation led

In 1998, the Commission had referred to the Court of Justice
the open skies agreements concluded with the United States
by eight Member States (Belgium, Denmark, Germany, Finland,
Luxembourg, Austria, Sweden and the United Kingdom).
Proceedings continued in 1999 against two other Member
States (France and the Netherlands).

2.10. Telecommunications

Transposal of all Community legislation harmonising national
regulations on telecommunications was to have been com-
pleted by 1 January 1999, the final item of legislation being
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. This was to be transposed by 31 December 1998.

On 10 November 1999, the Commission adopted its Fifth
Report on the implementation of the telecommunications
regulatory package (2) The Commission’s main conclusion is
that, 21 months after the introduction of full competition, the
regulatory framework in place drives telecommunications
services markets in the Member States with an accelerating
growth rate, large numbers of market entrants and falling
tariffs. These economic figures are underpinned by effective
licensing,
interconnection, tariff, numbering and frequency
regimes in the Member States, supervised by regulatory
authorities on the basis of Community and World Trade
Organisation (WTO) principles.

The Commission notes progress with transposal, especially as
regards the licensing Directive (four more Member States
transposed most of its content after publication of the Fourth
Report) and the interconnection Directive (three Member
States). In addition, 13 Member States have largely or partly
transposed the numbering Directive and 11 have transposed
the Date Protection Directive. The Commission has urged the
Member States who are responsible for the few remaining gaps
in transposal to take action quickly to ensure legal certainty
for the market players and to lay solid foundations for future
development of the regulatory arrangements.

(1) Case C-138/99 Commission v Luxembourg [1999] ECR I-9021
Judgment of the Court (Third Chamber) of 16 December 1999.

(2) COM(1999) 537 final.

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Since full
liberalisation on 1 January 1998, a significant
number of infringement cases is now reaching the final stage
of referral to the Court of Justice: out of a total of 46 cases at
the end of 1999, 12 are at the reasoned opinion stage
(four for non-notification, eight for non-conformity), and the
Commission has already decided to refer 22 cases to the Court
(14 for non-notification, eight for non-conformity). However,
35 cases (33 for non-communication and two for non-
conformity) were dropped in 1999 when the Member States
took action to comply.

The position with regard to implementation of the various
directives and decisions and the proceedings brought under
Article 226 of the EC Treaty is as follows.

The framework Directive 90/387/EEC laying down the prin-
ciples to be applied to open network provision (ONP) had
already been transposed by all the Member States in 1998.

All the Member States have notified the Commission of
national measures implementing Directive 92/44/EEC (leased
lines). The last case pending against Belgium for failure
to notify was dropped in 1999.
In December 1999, the
Commission decided to send a reasoned opinion to Luxem-
bourg since the national rules notified were not in conformity
with the Directive.

Directive 97/51/EC amended the two foregoing directives to
adapt them to a competitive environment in telecommuni-
cations. Following notification by Greece, Portugal and Swed-
en, the cases pending for failure to notify were dropped in
1999. As regards the Member States which have not yet
notified transposing measures,
Italy was
referred to the Court in November and the Commission
decided to bring an action against France in December 1999.

the case against

All Member States but one have notified measures transposing
Directive 95/62/EC on the application of open network
provision (ONP) to voice telephony. The Commission therefore
decided to start court proceedings against Belgium, whereas
non-notification proceedings against Greece were dropped in
December 1999. Following the introduction of new legislation,
the Commission also dropped its proceedings against Portugal
over implementation of the directive’s provisions on cost
accounting.

Measures transposing the new voice telephony Directive
(98/10/EC), which had repealed Directive 95/62/EC as from
30 June 1998, have been notified by all Member States except
Ireland, the
France and Italy. Proceedings against Greece,
Netherlands, Portugal and Sweden were therefore dropped in

1999 but the Commission brought a court action against Italy
and decided to do so against France. After studying the
legislation notified, the Commission decided in December
1999 to send reasoned opinions to Belgium, Luxembourg and
Austria since the national rules notified are not in conformity
with the Directive.

Following notification of the national measures to transpose
the licences Directive (97/13/EC) by Greece and the Nether-
lands, the proceedings pending for failure to notify were
dropped in 1999. On the grounds that the national rules it
had received were not in conformity with the Directive, the
Commission started court proceedings against Luxembourg
and Austria and decided to so against Belgium, France and
Italy (it is studying additional provisions notified by Italy at the
end of 1999). For the same reason, it sent a reasoned opinion
to Spain and decided to send a reasoned opinion to Germany
in December 1999.

All Member States have notified measures implementing the
interconnection Directive (97/33/EC) and the non-notification
proceedings pending against Greece, Spain, the Netherlands,
Portugal and Sweden were therefore dropped in 1999. Since
the national rules received were not
in conformity with
the Directive, the Commission decided to institute court
proceedings against Belgium. France and Luxembourg. A
reasoned opinion on grounds of non-conformity was also sent
to Germany in November 1999.

By the end of 1999, all Member States had notified
implementing measures
the numbering Directive
for
(98/61/EC) amending Directive 97/33/EC with regard to
operator number portability and carrier preselection, with the
exception of Belgium, which was sent a reasoned opinion. As
a result, the non-notification proceedings could be dropped in
seven cases. In the case of one Member State (the United
Kingdom), a decision was pending on an application to
postpone introduction of carrier preselection.

Eight Member States (Germany, Spain, Italy, the Netherlands,
Austria, Portugal,
Finland and Sweden) have notified
implementing measures for the protection of personal data
Directive (97/66/EC). The proceedings against the Netherlands,
Austria, Portugal, Finland and Sweden were therefore dropped
in 1999, whereas reasoned opinions were sent to Belgium,
Denmark and Ireland. In December 1999 the Commission
also decided to start court action against Greece, France,
Luxembourg and the United Kingdom for failure to notify it of
implementing measures. The Commission is
full national
studying the measures of which it has been apprised.

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All the Member States had already notified national measures
implementing the three directives on frequencies — Directives
87/372/EEC (GSM), 90/544/EEC (Ermes) and 91/287/EEC
(DECT).

Two cases of non-conformity with Directive 89/552/EEC
relate to Luxembourg and France. Three cases of incorrect
application of the same Directive concern Italy, Greece, and
Spain. There is one case of incorrect application of Directive
97/36/EC by Belgium.

All the Member States except France, the Netherlands and
Austria have notified national measures transposing Directive
95/47/EC on the use of standards for the transmission of
television signals. These are now being studied. Following
notification of national measures by Greece, Italy, Portugal and
Sweden, the proceedings pending for failure to notify were
dropped in 1999. The proceedings under way against the
other Member States continued with the referral of France and
Austria to the Court. The Commission decided to take this
step with regard to the Netherlands in July 1999.

All Member States have acted to introduce 1 127 as the
standard emergency services number as required for the Union
as a whole by Decision 91/396/EEC, but a reasoned opinion
was sent to Greece, where the number was not yet operational
at the end of 1999.

All
the Member States had already transposed Decision
92/264/EEC on adopting ‘00’ as the standard code for access
to the international network in the Community.

Finally, there are no major problems with the transposal and
application by the national authorities of Directives 91/263/EC
and 93/97/EC, codified by Directive 98/13/EC relating to
telecommunications terminal equipment and satellite earth
station equipment, including the mutual recognition of their
conformity. This latter Directive is to be replaced by Directive
99/5/EC on radio equipment and telecommunications terminal
equipment and the mutual recognition of their conformity,
which the Member States must transpose by 7 April 2000.

2.11. Information, communication, culture and audiovisu-

al media

The information on legislative developments in the audiovisual
field provided in the Sixteenth Annual Report on Monitoring
the Application of Community Law still applies.

2.12. Environment

The previous issue of this Report on Monitoring the Appli-
cation of Community Law described how the Commission
fulfils its function as guardian of Community environmental
law by means of the infringement procedure provided for by
Article 226 (ex Article 169) of the Treaty establishing the
European Community (1)

Here, it is proposed merely to draw attention to some general
statistics on the Commission’s efforts in this area, which show
how seriously it takes its task. In 1999 the Commission
referred 43 cases against Member States to the Court of Justice
(none on the basis of Article 228) and delivered 63 reasoned
opinions or supplementary reasoned opinions (three of them
under Article 228).

The Article 228 (ex Article 171) procedure has continued to
prove effective. In the environment field most cases were
dropped. The Commission was thus able to discontinue the
cases on France’s transposal of Directive 79/409/EEC on
the conservation of wild birds (Case C-373/98) following
notification of the transposing measures and on Italy’s trans-
posal of the directive on urban waste water, which it had
decided to refer to the Court of Justice in 1998. In 1999, the
Commission did not need to refer any other cases to the Court
on the basis of Article 228. However, several letters of formal
notice or reasoned opinions were sent, for failure to notify,
non-conformity or incorrect application. Further details are
given below in the discussion of the various sectors.

For the first time since the new provisions on compliance with
judgements entered into force in 1993, an Advocate General
has delivered an opinion in a case based on Article 228. This
was Case C-387/97 Commission v Greece on waste disposal
in Crete (see section on ‘waste’ below).

However, several infringement cases are in progress. 10 cases
for failure to notify national measures transposing Directive
97/36/EC are still open (France, Luxembourg, Belgium, the
Netherlands, Germany, Italy, the United Kingdom, Ireland,
Greece, Austria).

(1) OJ C 354, 7.12.1999, p. 42.

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Several Member States have been very slow to reply to the
Commission’s letters inquiring about complaints or cases
identified ex officio with a view to investigating the circum-
stances and making an initial assessment of whether there has
been an infringement. As a result, the Commission was obliged
to take action against these countries (Ireland, France, Italy) in
1999 under Article 10 of the Treaty establishing the European
Community, which requires Member States to cooperate in
good faith with the Community institutions. The Commission
can only regret such a situation, particularly since Member
States’ replies to these requests for information generally
establish that no infringement has taken place and a prompt
and full reply would avoid the need to keep open cases which
in fact are without basis. Such a situation undermines effective
cooperation between the Commission and the national govern-
ments. When the decisions to start such proceedings were
taken, the Commission issued press releases to draw public
attention to this lack of cooperation, which prevents the
Commission from acting effectively as guardian of the Treaty.

In 1999,
the Commission also continued work on the
Communication adopted in October 1996 (Implementing
Community Environmental Law) (1). Considerable progress
was thus made on the proposal for a Council recommendation
on minimum criteria for environmental inspections in the
Member States, which was adopted by the Commission on
16 December 1998 (2). The Economic and Social Committee
and the Committee of
the Regions delivered favourable
opinions on the Commission’s proposal on 28 April (3) and
16 September 1999 (4) respectively. The European Parliament
rendered an opinion at its plenary session of 16 September
1999 (5), recommending that the proposal be adopted as a
directive and not a recommendation.

On 3 December 1999, the Commission adopted an amended
proposal incorporating several of Parliament’s amendments,
but without recasting the proposal as a directive. Several
meetings of the Council working party were held under the
Finnish Presidency, leading to a political agreement of the
Council on 13 December 1999 with a view to a Common
Position. In the text adopted, the scope did not include any
reference to inspections in the nuclear industry as in the
Commission’s original proposal, since a majority of Member
States had argued in the Council that a separate instrument
under the Euratom Treaty would be more suitable. The
proposal applies to guidelines on minimum criteria for
environmental inspections of all industrial installations and
other enterprises and facilities whose emissions and/or dis-
charges to the environment and wastes are subject to authoris-

(1) COM(1996) 500 final. 22.10.1996.
(2) COM(1998) 772 final, 16.12.1998.
(3) OJ C 169, 16.12.1999.
(4) OJ C 374, 23.12.1999.
(5) Not yet reported.

ation, permit or licence requirements under European Com-
munity law. The text adopted takes over several of Parliament’s
proposed amendments, although in a slightly different form.

It may be hoped that a Common Position will be adopted at
the beginning of the year 2000 and that constructive dis-
cussions will continue with Parliament in the next stage of the
codecision procedure. The proposal could thus be finally
adopted in the very near future.

This is the first stage in an ongoing programme of action on
inspections and checks on implementation. In the light of
experience of implementing the recommendation and after
consultation with the interested parties, including the IMPEL
network, further steps will have to be considered to broaden
the purpose and scope of the minimum requirements and in
particular to go beyond the checks on point sources for which
the guidelines were produced to cover diffuse sources and
more general inspections of industrial installations using the
best techniques available in the Member States. Consideration
can then be given to the possibility of a directive.

The IMPEL network (Implementation and Enforcement of EU
Environmental Law) continued its work. At the meeting in
Berlin in June 1999, it was decided to make minor changes
in the organisational arrangements and the frequency of
meetings.

In 1999, the Commission also gave further thought to the
question of third-party liability in environmental matters.

The last report on monitoring the application of Community
law described how the Commission’s work in this area
covered three aspects: monitoring the notification of national
implementing measures, scrutinising measures for conformity
with the directives they transpose and monitoring the practical
application of directives and regulations.

No major developments have occurred since last year’s report
in the notification by Member States of measures implementing
environmental legislation. Several directives fell due for trans-
posal in 1999:

— Council Directive 96/61/EC of 24 September 1996
concerning integrated pollution prevention and control,

— Council Directive 96/82/EC of 9 December 1996 on the
control of major-accident hazards involving dangerous
substances,

— Council Directive 97/11/EC of 3 March 1997 amending
Directive 85/337/EEC on the assessment of the effects of
certain public and private projects on the environment.

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— Commission Directive 98/73/EC of 18 September 1998
adapting to technical progress for the twenty-fourth 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,

— 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,

— 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.

In 1999, as in previous years, the Commission was forced to
start proceedings in several cases of failure to notify it of
transposing measures, involving all Member States.

Details of these cases are given in the sections on individual
sectors and directives.

Proceedings are in hand in all areas of environmental legislation
and against all the Member States in connection with the
conformity of national transposing measures. Monitoring the
action taken to ensure conformity of Member States’ legislation
with the requirements of the environmental directives is a
priority task for the Commission. The Commission must again
point out that there has been no improvement as regards the
provision, along with the statutory instruments transposing
the directives, of detailed explanations and concordance tables
matching national provisions with the corresponding Com-
munity provisions. This is done only by Denmark, Germany,
Finland and Sweden, and sometimes Ireland.

law (directives and regulations)

The Commission is also responsible for checking that Com-
munity environmental
is
properly applied, and this is a major part of its work. This
means checking Member States’ practical steps to fulfil certain
general obligations (designation of zones, production of
programmes, etc.) and examining specific cases in which a
particular administrative practice or decision is alleged to be
contrary to Community law. Complaints and petitions sent to
the European Parliament by individuals and non-governmental
organisations, and written and oral parliamentary questions
and petitions, generally relate to incorrect application.

The number of complaints continued to rise in 1999, following
the increase already apparent in 1998. Spain, France and
Germany were the countries most often concerned. While
complaints often raise more than one problem, a broad
classification of those registered in 1999 shows that one in

every two is concerned with nature conservation and one in
every four with environmental impact, whereas waste-related
problems were raised in one in ten cases, as were air pollution
and water pollution.

As stated in the previous report, the Commission must, when
considering individual cases, assess factual and legal situations
that are very tangible and are of direct concern to the
public. It thus encounters certain practical difficulties. Without
abandoning the pursuit of incorrect application cases which
highlight questions of principle or general interest or adminis-
trative practices that contravene the directives, the Commission
therefore concentrates on problems of conformity.

The Commission often finds that the Member States are
very slow to comply with a particular provision of
the
environmental directives that lays down reporting require-
ments. Council Directive 91/692/EEC of 23 December 1991
standardising and rationalising reports on the implementation
of certain directives relating to the environment requires
reports to be sent regularly,
for clearly-defined reference
periods. In 1999, the Commission had to institute proceedings
to induce a number of Member States (Spain, Denmark,
Portugal, France, Italy, the Netherlands, Greece, Ireland) to
send in such reports on the waste situation, just as it had been
forced to do for water in 1998.

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 Member States have notified national measures
transposing the Directive, there are several cases where national
law still has to be brought into line with its requirements.

On 9 September 1999, in Case C-217/97 brought by the
Commission against Germany, the Court of Justice ruled that
Germany had failed to fulfil
its obligations with regard
to exceptions from the principle of communication, part
communication and reasonable costs of communication. The
Commission has also decided to bring an action before the
Court against the same. Member State because of certain
implementation of the Directive in Schleswig-
aspects of
Holstein.

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The Commission started court proceedings against Spain (Case
C-189/99) over several points on which the Directive is
incorrectly transposed (reasonable costs, information excluded,
implicit refusal).

Two cases were in progress against Portugal at the beginning
in the course of 1999, the Commission
of 1999. Firstly,
referred to the Court of Justice Portugal’s failure to provide the
report required by Article 8 of the Directive (Case C-106/99).
The Commission dropped proceedings when the report was
fortlicoming. Secondly, the Commission decided to open court
proceedings for non-conformity of the Portuguese legislation
transposing the Directive as regards designation of the auth-
orities to which it applies, the persons enjoying the right of
access, the nature of the information to be given and the
information excluded. However, no action has been taken on
this decision since Portugal has notified a new instrument (1)
which was still being studied at the end of 1999.

A court action was brought against Belgium over several
aspects in which transposal was incorrect, both at federal level
and in the Flanders and Wallonia Regions (Case C-402/99).
The Commission also decided to bring Belgium before the
Court for failure to adopt measures to transpose the obligation
to provide a formal explanation of any refusal of access to the
information mentioned in Article 3 (4) of the Directive.

The Commission decided to start court proceedings against
France, since the French measures did not ensure formal,
the
explicit and correct
Directive, including the obligation to provide a formal expla-
nation of refusal of access to the information.

transposal of several aspects of

On the other hand, the United Kingdom amended its earlier
rules in response to the Commission’s proceedings, which
could therefore be dropped.

Among the most common subjects of complaint brought to
the Commission’s notice are refusal by national authorities to
provide the information requested, slowness of response,
excessively broad interpretation by national government
departments of the exceptions to the principle of disclosure,
and unreasonably high charges. Directive 90/313/EEC is
unusual in containing a requirement for Member States to put
in place national remedies for improper rejection or ignoring
of requests for access to information or unsatisfactory response
by the authorities to such requests. When the Commission
receives complaints about such cases, it advises the aggrieved

(1) Law 94/99.

parties to use the national channels of appeal established to
allow the Directive’s aims to be achieved in practice. The
Commission therefore does not generally follow up such
individual complaints by infringement proceedings unless they
reveal the existence of a general administrative practice in the
Member State concerned.

A German court asked the Court of Justice for a preliminary
ruling (Case C-296/97) on the concept of ‘preliminary investi-
gation proceedings’ with regard to access to an expert opinion
submitted as part of the planning procedure for closure of a
mine.

In 1999, on the basis of the national reports submitted in
accordance with Article 8 of the Directive, the Commission
continued work on preparing its report to the European
Parliament and the Council on experience of applying the
Directive.

In June 1998, the Community and the Member States had
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 (the Aarhus Convention). Community
practice does not allow the Community to ratify the Conven-
tion until the pertinent provisions of Community law, includ-
ing those of Directive 90/313/EEC, have been duly amended
to take account of these international obligations.

In 1999, the competent Commission departments (Environ-
ment DG) produced a working document on principles for
revision of Directive 90/313/EEC in the light of the Aarhus
Convention. The document was sent out in December 1999
and wide consultations have begun with the Member States,
the IMPEL network, the NGOs and the economic players.
Meetings with these interlocutors will be held early in the year
2000. A proposal for amendment of the Directive could be
adopted in the first half of the year 2000.

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, as
amended by Directive 97/11/EC, remains the prime legal
instrument for general environmental matters. The Directive
requires environmental
issues to be taken into account in
many decisions which have a general impact.

The deadline for transposal of Directive 97/11/EC amending
Directive 85/337/EEC was 14 March 1999. Proceedings were
opened against all the Member States except the Netherlands
for failure to transpose or incomplete transposal. In 1999,
three States — Sweden, Italy and Ireland — notified the

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Commission of transposing measures and proceedings against
them were dropped. Proceedings against the other Member
States are continuing, the Commission having decided to send
reasoned opinions to the United Kingdom, Germany, France,
Luxembourg, Belgium, Greece, Spain and Austria. The
measures notified by Finland, Denmark and Portugal are being
studied but the proceedings against them were still open at the
end of 1999.

Following the European Parliament’s opinion of 20 October
1998 on the proposal for a directive adopted by the Com-
mission in December 1996 on the assessment of the effects of
certain plans and programmes on the environment (1), the
Commission adopted an amended proposal
in February
1999 (2). The aim of this proposal is to ensure that environmen-
tal considerations are taken into account when preparing
and adopting instruments setting out the context for future
projects. On 13 December 1999, the Council reached unani-
mous agreement with a view to a Common Position on this
proposal for a directive.

As already mentioned in previous reports on monitoring of
the application of Community law, many complaints received
by the Commission and petitions presented to Parliament
relate, at least incidentally, to incorrect application by national
authorities of Directive 85/337/EEC as amended. These com-
plaints about the quality of impact assessments and the lack of
weight given to them are a major problem for the Commission,
since it is extremely difficult to verify compliance by the
national authorities and the basically formal nature of the
Directive provides no basis for contesting the merits of a
choice taken by the national authorities if they have complied
with the procedure it lays down. As the Commission has
already pointed out, most of the cases brought to its attention
concerning incorrect application of this Directive revolve
around points of fact (existence and assessment). The most
effective check on any infringements is therefore very likely to
be at a decentralised level, particularly through the national
courts.

On 22 October 1998, the Court had found against Germany
(Case C-301/95), holding that it had failed to discharge its
obligations on several counts. Since Germany had taken no
measures to comply with this judgment, the Commission had
to initiate proceedings under Article 228 of the Treaty and
issue a reasoned opinion. The points at issue were the delay in
adopting the measures required to comply with the Directive,
to the extent that Germany had not notified the Commission
of all the measures it had taken to ensure compliance, and in
particular the measures taken by the Länder, and failure to

apply the Directive to all projects approved after 3 July 1988.
As regards this latter aspect, the Court held that Germany had
failed to discharge its obligations in that it had not prescribed
environmental impact assessments of all projects assessable
under the Directive where the authorisation procedure had
started after that date. Regarding incomplete transposal of
Article 2 of the Directive in relation to the projects listed in
Annex II, the Court held that Germany had again failed to
discharge its obligations by excluding entire classes of projects
so listed from the requirement for environmental
impact
assessments.

On 21 January 1999 the Court ruled in Case C-150/97 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 its obligations under
Article 12(1) of
the Directive. Following the opinion of
Advocate General Mischo, the Court found not only that
Portugal had failed to comply with the deadline for transposal
the Portuguese legislation (3)transposing the
but also that
Directive after the due date had passed did not apply to
projects for which the authorisation procedure was in progress
when it entered into force, on 7 June 1990.

The Commission therefore asked the Portuguese authorities to
inform it of the measures taken to comply with the judgments.
Since it had not received any reply, it began proceedings under
Article 228 (ex Article 171) of the Treaty against Portugal.

The Court likewise followed the opinion of Advocate General
Tesauro in its ruling against Ireland on 21 September 1999 in
a non-conformity case (C-392/96).
It found that, by not
adopting all the necessary measures for proper transposal of
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 of the Directive. The
case related particularly to Ireland’s setting of thresholds for
types of project such as allocation of uncultivated land and
initial
land in a semi-natural state for intensive farming,
reforestation where there was a potential negative ecological
impact and land clearance with a view to use of the land for a
different purpose, poultry farming or peat extraction. The
thresholds were 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
it had failed to transpose
Article 2(3), (5) and (7).

that

(1) COM(96) 511 final.
(2) COM(1999) 73 final.

(3) Decree-Law 278/97, 8.10.1997.

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The Commission brought court cases against Germany over
its Motorways Act (Case C-24/99) and against Spain over the
failure to provide for impact assessments for most Annex
II projects (Case C-474/99). The Commission is pursuing
proceedings on the same grounds against Italy and is studying
the information provided by Italy in 1999 following the
supplementary reasoned opinion delivered in 1998. However,
it dropped proceedings against the United Kingdom, which
adopted new national measures for England, Wales and
Scotland in 1998 and 1999.

Proceedings are also being taken in certain cases of incorrect
application. The Commission has sent a reasoned opinion to
Spain on infringement of the Directive in the authorisation
‘Acceso Norte al Puerto de
of
Algeciras’.

the expressway project

(Case C-463/99) and decided to send a reasoned opinion to
Belgium.

Directive 97/68/EC of the European Parliament and of the
Council 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 1998.
The Commission had sent reasoned opinions to Belgium,
Greece, France, Portugal, Ireland, Italy, Luxembourg, Austria
and the United Kingdom since they had wholly or partly failed
to enact transposal measures by the deadline. These Member
transposing measures
States notified the Commission of
and the proceedings were therefore dropped. However, the
Commission started court actions against three countries: Italy
(Case C-418/99), Ireland (Case C-355/99) and France (Case C-
320/99).

2.12.3. Air

and

fuels

diesel

Directive 98/70/EC of the European Parliament and of the
Council of 13 October 1998 relating to the quality of petrol
amending Council Directive
and
93/12/EEC (1)was due for transposal by 1 July 1999. In the
absence of transposing measures, proceedings were started
against Luxembourg, Belgium,
the Netherlands, Germany,
Italy, the United Kingdom, Ireland, Denmark, Greece, Spain,
Portugal, Austria, Sweden and Finland.

In this area, all proceedings in hand in 1999 relate to
notification of measures transposing recent directives.

The year 1999 also saw the adoption of four directives relevant
to air quality. These do not have to be transposed until 2000 or
2001 but earlier transposal is possible:

However, it should be mentioned in passing that the Com-
mission decided to drop the proceedings against Spain for
excluding the Canary Islands from the transposal of Directive
93/12/EEC relating to the sulphur content of certain liquid
the Council adopted Directive
fuels. On 26 April 1999,
1999/32/EEC amending Directive 93/12/EEC and allowing
Spain to exempt this region from the obligation deriving from
the original directive.

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 Community instruments to set new
limit values for atmospheric pollutants, starting with those
already covered by existing directives, lay down information
thresholds, harmonise air quality assessment
and alert
methods and improve air quality management in order to
protect human health and ecosystems. The Commission had
sent reasoned opinions to Greece, Spain, Portugal, Ireland,
Italy, Sweden and the United Kingdom in view of their total
or partial failure to enact national transposal measures by
the deadline. Ireland, Italy, Sweden, Portugal and the United
Kingdom complied with their obligation to notify transposing
measures and the Commission dropped the proceedings
against them. On the other hand, the Commission brought
court actions against Spain (Case C-417/99) and Greece

— Council Directive 1999/32/EC of 26 April 1999 relating
to a reduction in the sulphur content of certain liquid
fuels and amending Directive 93/12/EEC (2) — this Direc-
tive must be transposed by 1 July 2000,

— Council Directive 1999/13/EC of 11 March 1999 on the
limitation of emissions of volatile organic compounds
due to the use of organic solvents in certain activities and
installations (3),

— Council Directive 1999/30/EC of 22 April 1999 relating
to limit values for sulphur dioxide, nitrogen dioxide and
oxides of nitrogen, particulate matter and lead in ambient
air (4),

— Directive 1999/94/EC of the European Parliament and of
the Council of 13 December 1999 relating to the
availability of consumer information on fuel economy
and CO2 emissions in respect of the marketing of new
passenger cars (5).

(1) OJ L 350, 28.12.1998, p. 58.
(2) OJ L 121, 11.5.1999, p. 13.
(3) OJ L 85, 29.3.1999, p. 1.
(4) OJ L 163, 29.6.1999, p. 41.
(5) OJ L 12, 18.1.2000, p. 16.

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2.12.4. Water

Monitoring implementation of Community legislation on
water quality remains a major part of the Commission’s work,
accounting for about a quarter of current environmental
infringement proceedings and many complaints and petitions.
This is explained by the quantitative and qualitative importance
of the responsibilities imposed on the Member States by
Community law and by growing public concern about water
quality.

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. Despite
this progress, however, proceedings are still under way against
roughly half the Member States since implementation still falls
far short of the Directive’s requirements.

The non-notification proceedings against Austria and Germany
were dropped since the Austrian and German authorities had
notified the outstanding measures.

There are several cases under way over 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 preparation of systematic
action plans (Article 4(2)) as an essential part of the effort to
safeguard water quality (nitrates, pesticides, etc.) Others are
concerned with the criteria for exemptions under Article 4(3).

The Commission decided to send the United Kingdom an
Article 228 reasoned opinion over Blackpool, where the
beaches do not meet the Directive’s standards. The Com-
mission considers that the United Kingdom has not fully
complied with the Court judgment of 14 July 1993 (Case
C-56/90).

In 1998, the Court of Justice found against Portugal in two
cases. In the judgment of 17 June 1998 in the first case (C-
214/97), 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, because
there was no timetable for water improvement, they did not
cover all waterways and did not provide a framework for
improving water quality. The Commission did not regard the
systematic action plan of which it was notified following
this judgment as sufficient to comply with the Directive’s
requirements and therefore decided to start new proceedings
against Portugal and issue a reasoned opinion. However,
Portugal did notify the Commission of a Decree-Law of
1 August 1998, thus complying with the Court judgment of
15 October 1998 (Case C-229/97) concerning inaccurate and
incomplete sampling methods for the purposes of Directive
79/869/EEC, adopted on the basis of Directive 75/440/EEC.

The Commission also started court action against France on
16 July 1999 for its use of nitrate polluted water in Brittany to
produce drinking water, its failure to produce a systematic plan
and its non-compliance with the requirements of Article 4(3) of
the Directive for exemptions from the ban on using polluted
water (Case C-266/99).

A supplementary reasoned opinion was sent
to Italy in
December 1998 over its lack of a systematic action programme
for the whole country. The Italian reply is being studied.

In 1998, the United Kingdom notified action programmes and
measures transposing the Directive. The Commission was thus
able to drop these proceedings in 1999.

In 1999, the Commission decided to institute Article 228
proceedings against Spain following the Court ruling of
12 February 1998 that Spain had failed to act to bring the
quality of inland bathing waters into line with the binding
values set by the Directive (Case C-92/96). The measures by
which Spain proposes to comply with the judgment appear
inadequate.

On 8 June 1999, the Court ruled in Case C-198/97 that
Germany had failed to fulfil its obligations with respect to
water quality and sampling frequency. Germany has notified
various measures to comply with the judgment and these are
being studied.

The Commission also brought a court action against Belgium
for inadequate monitoring and the existence of several non-
compliant bathing areas (Case C-307/98).

The Commission decided to bring court proceedings against
France, the Netherlands and Portugal over water quality and
sampling frequency. It also decided to send reasoned opinions
to the United Kingdom. Sweden and Italy and begin infringe-
ment proceedings against Denmark and Finland for the same
reason.

Finally, the Commission dropped the proceedings against
Denmark for failure to measure the total coliforms parameter
required by the Directive, since Denmark had brought in
additional legislation following the reasoned opinion. On the
other hand, it was decided to bring a court action against
France over this issue.

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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 of the
directives setting levels for individual substances.

Court proceedings have been started in many cases and there
were new rulings by the Court against the Member States
in 1999 because of their failure to produce programmes
incorporating quality objectives in order to reduce pollution
by substances on list II in the Annex to the Directive.

Following the Court judgments of 11 June 1998 against
Luxembourg (Case C-206/96), of 25 November 1998 against
Spain (Case C-214/96) and of 1 October 1998 against Italy
(Case C-285/98), ruling that these States had failed to establish
programmes incorporating quality objectives to reduce pol-
lution by these substances, the countries concerned notified
measures intended to ensure compliance with Article 7 of the
Directive. These measures are complex and they are still being
examined.

The Court pronounced judgment in 1999 in cases started in
1996 or 1997 on the same grounds. It ruled against Belgium
on 21 January 1999 for failure to fulfil its obligations (Case
C-207/97) and against the Federal Republic of Germany (Case
C-184/97) on 11 November 1999.

Proceedings over the same issue are in progress before the
Court against Greece (Case C-384/97). Portugal
(Case
C-261/98) and the Netherlands (Case C-152/98). Proceedings
are continuing against France and Ireland.

Following two Court of Justice rulings in 1998 (case C-208/97
and C-213/97) that Portugal had not fulfilled its obligations
to implement directives based on Directive 76/46/EEC on
discharges of certain dangerous substances into the aquatic
environment. Portugal failed to notify adequate measures to
comply with the judgments and the Commission began
Article 228 proceedings, issuing a reasoned opinion in the first
of these cases.

Inadequacy of pollution reduction programmes leads to many
specific cases of incorrect application of this Directive (pol-
lution of specific waterways by agricultural or industrial
effluent). These local difficulties can be solved only by an
overall approach to the problem. Furthermore, there are still
problems in several Member States where prior authorisation
is not always required for discharges.

Thus the Article 228 proceedings against Greece following the
judgment of 11 June 1998 (Joined Cases C-232/95 and
C-233/95) are continuing, since Greece has not put in place
programmes to reduce pollution by the substances on List. It
of Directive 76/464/EEC for Lake Vegoritis or the Gulf of
Pagasaı´. The measures notified by Greece are being studied.

Article 226 proceedings are also continuing against Portugal
over effluent from an agri-food plant at Santo Tirso and the
Commission is studying the measures taken by the Portuguese
authorities. The Commission has also sent Portugal a reasoned
opinion to the effect that the operating conditions for a
herbicide plant which discharges untreated effluent into the
Capa Rota river may constitute incorrect application of
Directive 76/464/EEC.

thus covers

It held that

state. This concept

The Court of
Justice has given two preliminary rulings
applied for by the Netherlands Council of State (Cases
C-231/97 and C-232/97) on interpretation of Directive
76/464/EEC.
the concept of discharge in
Directive 76/464 covers not only pollution caused by liquid
substances but also solids. All the substances mentioned in
the Annex to the Directive, if they concentrate directly or
indirectly in surface waters, are discharges irrespective of
their
the emission of
contaminated steam which is precipitated on to surface
water. In the case concerning leaching of creosoted wood
into surface waters (creosote being a tar derivative used as
an antiseptic), the Court examined the concept of ‘pollution
from significant sources’ mentioned 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.
The Court held that the Community had established two
separate systems to combat pollution of surface waters by
dangerous substances. The first was the authorisation system
based on Articles 3 and 7 of Directive 76/464/EEC, which
applied when the pollution resulted from an act attributable
to a person and took the form of a discharge. Secondly, the
specific programmes system under Article 5 of Directive
86/280/EEC applies when the pollution is not attributable
to a person because it derives from multiple and diffuse
sources. The concept of ‘discharge’ in Article 1 of Directive
76/464/EEC thus does not cover pollution from significant
sources, including multiple and diffuse sources, as mentioned
in Article 5 of Directive 86/280/EEC.
In this ruling, the
Court also stated that Directive 76/464/EEC permits Member
States to make the authorisation for a discharge subject to
additional requirements not provided for in that directive,
such as the obligation to investigate or choose alternative
solutions which have less impact on the environment, even
if
requirement may have the effect of
making the grant of authorisation impossible or altogether
exceptional.

the additional

the

Most of
current proceedings concerning Directive
78/659/EEC on waters supporting fish life and Directive
79/923/EEC on shellfish waters were dropped in the course of
1999 since suitable measures had been adopted.

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The Article 228 proceedings against Italy in connection with
Directive 78/659/EEC following the judgment of 9 March
1994 (Case C-291/93) were dropped on designation of all
the waters concerned and adoption of pollution reduction
programmes. Following the Court’s ruling of 4 December
1997 in Case C-225/96 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, Italy notified measures to comply
with the judgment and the infringement proceedings were
dropped.

In 1998, the United Kingdom had notified new measures
transposing Directives 78/659/EEC and 79/923/EEC. The
Commission was thus able to drop the matter, although
another case is still pending against the United Kingdom for
inadequate designation of the waters covered by Directive
79/923/EEC and a reasoned opinion has been issued in this
connection.

On 22 April 1999, the Court ruled in Case C-340/96 that the
United Kingdom, by accepting non-binding undertakings from
the water companies, had failed to fulfil its obligations under
Directive 80/778/EEC relating to the quality of water intended
for human consumption. The draft measures notified by the
United Kingdom to comply with the judgment are still being
studied.

The Commission dropped proceedings against Portugal for
non-conformity of the legislation transposing the Directive,
since it was notified after deciding to refer the matter to the
Court that the Decree-Law of 1 August 1998 had been
amended to ensure transposal.

The Commission has decided to bring a court action against
Ireland for incorrect application of Directive 80/778/EEC
following detection by the Irish Environmental Protection
Agency of microbiological contaminants in drinking water.

The Commission has also sent a reasoned opinion to Finland
for incorrect application of Directive 78/659/EEC as regards
designation of the waters concerned, setting of quality objec-
tives, establishment of pollution reduction programmes and
sampling.

However, the Commission dropped transposal proceedings
against Austria following adoption of a new ordinance in
conformity with Directive 80/778/EEC.

In 1999, the Commission also dropped most of the cases
based on Directive 80/68/EEC on the protection of groundwat-
er against pollution caused by certain dangerous substances.

Council Directive 98/83/EC of 3 November 1998 on the
quality of water intended for human consumption, which will
replace Directive 80/778/EEC as from 2003 (2) must be
transposed into national law by 25 December 2000. Member
States may have to take steps immediately to ensure com-
pliance with the new limit values under the new directive.

Article 228 proceedings are continuing against Portugal fol-
lowing the judgment of 18 June 1998 on non-conformity of
the Portuguese legislation (Case C-183/97). Further infor-
mation has been received and the new Portuguese legislation (1)
is still being examined in the light of the Directive’s require-
ments.

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

On the other hand, the Commission decided to drop the
proceedings against the United Kingdom for pollution of
underground waters with substances used in sheep rearing
following notification of various regulations which are likely
to solve the problem. The Commission also dropped Case
C-331/98 against Ireland for legislation not complying with
Directive 80/68/EEC as regards certain discharges by the health
authorities. In February 1999, the Irish authorities notified
new legislation in conformity with the Directive.

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 waste water collection and treatment systems. In addition
to checking notification and conformity of the transposing
measures, the Commission must therefore now follow up
cases of incorrect application. Since this Directive plays a
fundamental role in the campaign for clean water and against
europhication, the Commission is particularly eager to ensure
that it is implemented on time.

(1) The Decree Law of 1 August 1998 previously mentioned.

(2) OJ L 330, 5.12.1998, p. 32.

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The Commission has dropped the Article 228 proceedings
against Italy for not having national transposing legislation
since it has now been apprised of the Italian Decree of 11 May
1999 transposing the Directive. It has also dropped the non-
conformity case against Greece since the situation has been
remedied by the Greek Ministerial Decision of 2 August 1999.

On 25 February 1999, the Court ruled in Case C-195/97 that
Italy had failed to designate vulnerable zones. Once Italy had
notified the Decree of 11 May 1999, the Commission was able
to drop the case. However, the Commission brought an
action against Italy over action programmes and reporting
requirements (Case C-127/99).

The Commission brought a court action against Belgium on
the grounds that the programme implementing the Directive
failed to apply it correctly (Case C-236/99). The proceedings
against Spain over the practical measures required to apply the
Directive and achieve its objectives are continuing and the
Spanish reply to the reasoned opinion is currently being
studied.

The Commission sent a reasoned opinion to Germany over
incorrect application of the Directive’s provisions on desig-
nation of sensitive areas and treatment of waters discharged in
these areas. It has also decided to send reasoned opinions to
Italy over failure to treat urban waste water in the Milan area
and to Austria over non-conformity of transposal of the
Directive as regards both collection and treatment of urban
waste water.

Directive 98/15/EC of 27 February 1998 amending Council
Directive 91/271/EEC with respect to certain requirements
established in Annex I thereof was due for transposal by
30 September 1998. The Commission decided to send
reasoned opinions to Belgium, Germany, Italy, the United
Kingdom, Ireland, Denmark, Greece, Portugal, Austria, Sweden
and France since these countries had failed to notify transpos-
ing measures or had notified them in part only. However, it
has decided to drop all these proceedings since the various
national authorities concerned have notified adequate trans-
posing measures.

second

is Directive
anti-eutrophication measure
The
91/676/EEC concerning the protection of waters against
pollution caused by nitrates from agricultural sources. The
Commission has continued to lay great stress on enforcing
this Directive.

Following the judgment of 1 October 1998 in Case C-71/97,
by which the Court found that Spain had failed to draw up
codes of practice or designate vulnerable zones, this Member
State notified certain remedial measures. Another case
(C-274/98) brought against Spain in 1998 for its lack of action
programmes is still before the Court.

The Commission was also able to drop the proceedings against
France for not having action programmes in each of the
vulnerable zones it had designated but decided to refer to the
Court France’s failure to designate vulnerable zones adequately.

The Commission decided to terminate the proceedings over
certain Portuguese transposing measures since the changes
made by the Decree-Law of 11 March 1999 met all the points
mentioned in the reasoned opinion.

The Commission decided to bring actions before the Court
against Germany, over non-conformity of the action pro-
grammes carried out, and against Greece, over non-conformity
of transposal, especially as regards the timetable laid down by
the national measures. A reasoned opinion was issued to the
Netherlands for the same reason. After deciding to open court
proceedings against Austria and receiving new measures
from this Member State, the Commission decided to send a
supplementary reasoned opinion to specify the scope of the
issues raised but without changing its conclusions.

Two cases remain open against Belgium, one for non-
conformity of transposal as regards the national implementing
measures, the production of codes of practice and the desig-
nation of vulnerable zones, and the other for incorrect
application of the Directive. A reasoned opinion was issued in
the second of these cases.

The Commission started court action against
the United
Kingdom over designation of zones and drawing up of
programmes (Case C-69/99).

After deciding to bring an action before the Court against
Luxembourg over codes of practice, programmes and
reporting, the Commission decided to send a supplementary
reasoned opinion to Luxembourg to specify the scope of the
issues raised but without changing the conclusions.

The Court of Justice ruled on 29 April 1999 on the request for
a preliminary ruling by a British court (Case C-293/97) on the
definition of ‘waters affected by pollution’. It held that Directive

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91/676 requires the identification of surface freshwaters as
‘waters affected by pollution’ and therefore the designation as
‘vulnerable zones’ of all known areas of land which drain into
those waters and contribute to their pollution where those
waters contain a concentration of nitrates in excess of 50 mg/l
and the discharge of nitrogen compounds from agricultural
sources makes a ‘significant contribution’
to that overall
concentration of nitrates.

The Commission also started 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 required to produce on the implementation of
certain directives or had sent them in late or incomplete. As a
result, the Commission in turn has not been able to draw up
properly the Community reports it is required to produce. The
Commission therefore took court action against Portugal (Case
C-435/99) and decided to do the same as regards Belgium. On
the other hand, some progress was made in the other current
proceedings. Spain, Italy and Ireland provided the Commission
with reports in response to the reasoned opinions they had
received and these are currently being assessed. It proved
possible to drop the proceedings against Luxembourg when it
provided the Commission with all the reports. Finally, a
reasoned opinion was sent to France and the French reply is
being studied.

2.12.5. Nature

The two statutory instruments aimed at protecting nature are
Directive 79/409/EEC on the conservation of wild birds and
Directive 92/43/EEC on the conservation of natural habitats
and of wild fauna and flora.

The position regarding the transposal of Directive 79/409/EEC
is mixed. 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).

Thus,
the Commission has been able to terminate the
Article 228 proceedings against France (transposal of Article 5
in relation to several species of birds) which had been referred
to the Court in 1998 (Case C-373/98), the Commission having
proposed the imposition of a daily fine of EUR 105 000 on
France from the date of the second judgment. The Commission
withdrew the case following the adoption by France of Arrêtés
(Orders) of 5 March and 16 June 1999, which ensure that all
the relevant species of wild birds are now covered and the
infringement is thus terminated.

after the French authorities communicated to the Commission
the Order of 5 March 1999 remedying the deficiencies in the
French system.

However, other implementation problems remain unresolved.
In several Member States certain activities (hunting, regulation
of species, trade) are not always regulated in line with Article 9.

Thus,
(Case
the Commission referred Italy to the Court
C-159/99) for non-transposal of Article 9 (derogations from
the protection schemes resulting from Articles 5, 6, 7 and 8)
and decided to refer Belgium with regard to Article 6
(commercial operations).

The Commission also referred to the Court the matter of the
opening and closing dates of the hunting season for migratory
birds
in France, on grounds of non-compliance with
Article 7(4) (Case C-38/99); it had received numerous com-
plaints 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.

The Commission sent Finland a reasoned opinion, and decided
to send Spain one also, concerning the non-conformity of
their hunting legislation with the Directive.

Finally, Sweden was sent a reasoned opinion concerning the
non-conformity of its transposal measures with Articles 4 (as
replaced by Article 6 paragraphs 2, 3 and 4 of Directive
92/43/EEC), 6 and 9 of Directive 79/409/EEC.

As mentioned in last year’s report, although the deadline for
transposal of Directive 92/43/EEC expired in June 1994, by
1998 a number of Member States still 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 protection of habitats
in the special conservation sites which are to be set up, and
Articles 12 to 16 on protection of species. Significant progress
was recorded on this front in 1999.

As a result,
the Commission was able to terminate the
proceedings pursuant to the Court’s judgment against Greece
transposal
of 26 June 1997 for non-communication of
measures (Case C-329/96). After being issued a reasoned
opinion based on Article 228 of
the Greek
authorities did in fact notify the Commission of the measures
taken to comply with the judgment.

the Treaty,

As regards the transposal of Article 9, the decision to refer
France to the Court on the basis of Article 226 was abandoned

The Commission, after having decided to refer Finland to the
Court in 1998, also decided to drop the case concerning the
Åland islands, the Finnish authorities having communicated
the transposal measures for that province.

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The case against France for non-transposal of Article 6 of the
Directive is, however, continuing (Case C-256/99).

The Commission also sent a reasoned opinion to Luxembourg,
and decided to send one to Belgium, for failure to implement
the Directive properly.

On 25 November 1999 the Court delivered its judgment in
the Marais Poitevin (Poitevin Marsh) case (Case C-96/98),
finding against France for failing, within the prescribed period,
to classify a sufficient area in the Poitevin Marsh as special
protection areas,
failing to adopt measures conferring a
sufficient legal status on the special protection areas classified
in the Poitevin Marsh, and failing to adopt appropriate
measures to avoid deterioration of the sites in the Poitevin
Marsh classified as special protection areas and of certain of
those which should have been so classified.

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.

As mentioned in the last report, 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.

The Commission is pressing ahead with infringement proceed-
ings in certain key cases.

A third case concerning similar complaints against France is
before the Court, relating to the Basses Corbières are and the
Vingrau site (Case C-374/98), and proceedings are continuing
in relation to three other areas, although it must be said that
some progress has been noted in these areas (the Baie de
Canche and Platier d’Oye, the Plaine des Maures and the Basses
Vallées de l’Aude).

Finally, the Commission sent Austria a reasoned opinion
relating to the failure to designate the Lech valley in the Tyrol
as a SPA.

Certain cases were dropped after the countries concerned
took appropriate measures. For example, the Article 228
proceedings against Spain to obtain full implementation of the
Court’s judgment of 2 August 1993 relating to the Santon˜ a
marshes (Case C-355/90) were set aside when it was established
that significant progress had been made towards restoring the
site and adopting measures to prevent any future deterioration.

Although areas should have been designated SPAs when the
Directive 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’s present strategy revolves
around initiating general
infringement proceedings, rather
than infringement proceedings on a site by site basis.

The Commission also decided to withdraw in Case C-63/98
and to set aside the case concerning the Waddenzee area in
the Netherlands, in the light of the measures taken by the
Dutch authorities.

In the wake of the Court’s judgment of 19 May 1998 against
the Netherlands (Case C-3/96)
the Commission initiated
Article 228 proceedings to oblige the Netherlands to comply
with the judgment and decided to send the Netherlands a
reasoned opinion.

However, the Court twice found against France in 1999. In its
judgment of 18 March concerning the Seine estuary (Case
C-166/97), the Court found against France for failing to
classify a sufficiently large area of the Seine estuary as a special
protection area (SPA) and for failing to adopt measures to
provide the classified SPA with an adequate legal regime under
Article 4 (1) and (2) of the Directive, But the Court dismissed
the complaint relating to the building of an industrial plant in
the middle of the SPA, finding that the Commission had
not furnished sufficient proof to contradict the information
provided by the French authorities.
this
judgment, Article 228 proceedings have been initiated against
France to oblige the French authorities to take all necessary
measures to comply with the judgment.

In the wake of

The Commission is also pursuing proceedings against other
Member States on the same grounds. It decided to refer
Germany. Finland, Italy and Portugal to the Court, but is
at present examining measures recently communicated by
Germany and Portugal before deciding whether to press ahead
against those two countries. The Commission also decided to
refer Spain to the Court for failure to designate a sufficient
number of SPAs in the Murcia region, but has decided not to
press ahead with its decision to refer Luxembourg to the Court,
since Luxembourg has now designated almost all the SPAs and
the situation appears to be progressing satisfactorily.

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the innovative approach of

Significant progress has been made as regards the setting up
of the Natura 2000 network, the Community’s network linking
up all sites set up under Directive 92/43/EEC, demonstrating
the
growing appreciation of
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.

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.

It is satisfying to report that the Commission was able to set
aside the proceedings against Italy following Italy’s trans-
mission of a full list of proposed sites in accordance with
Article 4 of the Directive, and that it decided to prolong
the suspension of infringement proceedings against Spain,
Luxembourg, the Netherlands, Austria and Denmark intro-
duced in 1998, having received substantial lists from these
Member States. However, these proceedings have not been
terminated, since evaluation of the lists has not yet been
completed.

The Commission has, though, referred Ireland (Case C-67/99),
Germany (Case C-71/99) and France (Case C-220/99) to the
Court and has also decided to refer the United Kingdom and
Sweden, since the lists proposed by these countries are
insufficient in respect of a large number of types of habitats
and species covered by the Directive. The decision to go ahead
with referral to the Court was made in respect of Finland,
which and submitted a list of sites at the end of 1998 that,
while substantial, did not meet the Directive’s requirements.
Finally, the Commission decided to send Belgium a reasoned
opinion since the national list transmitted did not contain any
sites representative of numerous types of habitat present on
Belgian territory, including priority habitats.

The Court of Justice has not yet given a preliminary ruling
requested by a British court under Article 234 regarding the
scope of the obligation to select sites to constitute the Natura
2000 network (Case C-371/98).

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 June 1999, the
two competent Commissioners sent the Member States a
letter reminding them of their obligations under Directives
79/409/EEC and 92/43/EEC. Those Member States that had
not submitted adequate lists for the setting up of the Natura
2000 network were warned that the Commission might not
be able to evaluate the plans and cofinancing programmes
submitted.

As mentioned in the last report, the Commission continues to
receive a large number of complaints, and there is still a large
number of infringement procedures, concerning unsatisfactory
implementation as a result of specific local problems, underli-
ning the practical difficulties which sometimes arise where
there is a potential for conflict between the need to protect
sites or species and social and economic considerations.
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.

The two main problems are (a)
the failure to designate
areas fulfilling the objective omithological criteria as special
protection areas, and (b) projects affecting sites. In the first
case,
the Commission continues to investigate individual
complaints carefully, through it tends to deal with them
through the general proceedings referred to above concerning
the general lack of special protection sites. It is satisfying to
report that problems concerning threats to specific sites have
been resolved without letters of formal notice needing to be
issued. Nevertheless, proceedings were started against several
Member States in 1998.

The infringement proceedings concerning Belgium’s failure to
protect the SPA in the Zwarte Beek valley are continuing, with
Belgium’s comments on the reasoned opinion being scrutinised
at present.

As mentioned in the last report, in many cases the details
provided by Member States on sites and the species they
support are neither complete nor appropriate. This makes it
more difficult to proceed to the subsequent stages of the plan
laid down in Directive 92/43/EEC and to the setting up of the
Natura 2000 network.

Ireland was sent a reasoned opinion concerning the threats to
the wetlands of County Cork and County Limerick. The
Commission also decided to refer Ireland to the Court of
Justice for failure to adopt measures to protect against
overgrazing of habitats populated by species of wild birds
covered by the Directive in the West of Ireland.

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Finally, the Commission sent Portugal a reasoned opinion
concerning the Abrilongo dam project affecting the Campo
Maior SPA and species required to be protected under Directive
79/409/EEC.

Problems with the implementation of Directive 92/43/EEC
may also arise with regard to the protection, not of sites,
but of species. For example, the Commission has started
infringement proceedings against Greece for threats to a
species of turtle (Caretta caretta) on the island of Zakynthos.
Since the measures notified do not appear adequate to protect
this species of turtle, the Commission decided to refer the
matter to the Court.

Regarding the implementation of Regulation (EEC) 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
infringement proceedings commenced against Greece resulted
in Greece notifying the Commission in 1999 of various
measures and Ministerial decisions supplementing Act 2637
of 27 August 1998. The decision to refer the matter to the
Court has been deferred pending verification of the Greek
legislation’s conformity with the Community requirements.

2.12.6. Noise

As in the past, implementation of Directives on noise poses
few problems, since these Directives set standards for new
products. However, the complaints received by the Com-
mission in fact relate to ambient noise and consequently
cannot be addressed at Community level.

The Commission dropped the infringement proceedings in
respect of old and noisy aeroplanes using Brussels (Zaventem)
and Ostend airports in contravention of Directive 92/14/EEC
on the limitation of the operation of certain categories of
aeroplanes, the Belgian authorities having taken measures to
ensure compliance with Community law.

Following the judgment by the Court of Justice of 15 October
1998 against Belgium (Case C-326/97) for failure to notify the
Commission of the measures to transpose 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, the Belgian authorities
sent notification of the transposal measures (Royal Decree of
9 December 1998) and the proceedings against Belgium were
therefore terminated.

The European Commission also lodged an application before
the Court of Justice against the United Kingdom regarding the
transposal of Directives 80/51/EEC, 83/206/EEC, 86/629/EEC
and 92/14/EEC on the limitation of noise emissions from
subsonic aircraft, directives which relate to the environment in
Gibraltar and which the United Kingdom acknowledges are
applicable in Gibraltar but in respect of which it has not
notified any implementing measures (Case C-39/99). However,
following notification by the United Kingdom of its transposal
measures, the Commission withdrew from its action and
terminated the procedure (1).

2.12.7. Chemicals and biotechnology

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
spheres and deal with specific environmental risks.

One of the features of Directive 67/548/EEC on the approxi-
mation of the laws, regulations and administrative provisions
relating to the classification, packaging and labelling of
dangerous substances is the frequency with which it has to be
amended, to keep up with scientific and technical develop-
ments. Thus. Directive 98/73/EC of 18 September 1998,
amending to technical progress for the 24th time Directive
67/548/EEC, fell due for transposal on 31 October 1999.
However, the Member States have until July 2000 to transpose
Directive 98/98/EC of 15 December 1998 (2) adapting Direc-
tive 67/548/EEC to technical progress for the 25th time. In
addition, the European Parliament and the Council adopted,
on 10 May 1999, Directive 99/33/EC amending Directive
67/548/EEC as regards the labelling of certain dangerous
substances in Austria and Sweden. Austria and Sweden will
need to have adopted the transposal measures by no later than
30 July 2000.

In this context, Member States are still frequently late in
communicating their transposal measures, but
the Com-
mission automatically commences proceedings in order to
make Member States meet their obligations.

Following notifications by Belgium and Portugal of their
measures implementing Directive 94/69/EC (21st adaptation
to the Directive),
the proceedings against Belgium (Case
C-79/98, judgment of 6 October 1998 and Portugal (referral
decided upon in 1998) were dropped.

(1) Airplane Noise Rules 1999 published in Gibraltar Gazette, 2 March

1999.

(2) OJ L 355, 30.12.1998, p. 1.

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The proceedings were similarly dropped against Belgium (Case
C-405/99) and Greece (reasoned opinion issued in 1998)
in respect of Directive 96/54/EC (22nd adaptation to the
Directive).

The use of genetically modified organisms (GMOs) is governed
by Directives 90/219/EEC (relating to their contained use) and
90/220/EEC (relating to their release).

Directive 96/56/EC provides for the abbreviation ‘EEC’ to be
labelling dangerous
for the purpose of
replaced by ‘EC’,
substances, by 1 June 1998. The Commission sent reasoned
opinions to Belgium, Germany, Portugal and Greece in 1998
for failure to transpose the Directive. All these Member States,
with the exception of Germany, have now transposed it, so
proceedings are now continuing solely against Germany,
which has been referred to the Court of Justice (Case C-
406/99).

In 1999, the Commission decided to refer Belgium to the
Court and issued reasoned opinions to Germany, Austria, the
Netherlands and Portugal with regard to Directive 97/69/EC
(23rd adaptation to the Directive). However, measures have
recently been notified to the Commission by Germany,
Belgium and Portugal, against whom the proceedings have
therefore been set aside.

Directive 98/8/EC of the European Parliament and of the
Council of 16 February 1998 concerning the placing on the
market of biocidal products (1) is due to be transposed by the
Member States by no later than 14 May 2000.

As regards Directive 86/609/EEC on the protection of animals
the
used for experimental and other scientific purposes,
Commission decided to issue a reasoned opinion to Belgium
based on Article 228 of the Treaty with a view to obtaining
implementation of the Court of
Justice judgment against
Belgium of 15 October 1998 for failure to transpose the
Directive (Case C-268/97).

The Commission also referred Ireland to the Court (Case
C-354/99), and decided to refer France and Austria,
for
incorrect transposal of the Directive.

However, the Commission withdrew its action against Portugal
(Case C-299/97), that country having now enacted legislation
correctly transposing the relevant provisions of the Directive
(inspections in establishments where animals are used). Simi-
larly, the Commission withdrew its action against Luxembourg
(Case C-272/99), the Luxembourg authorities having com-
municated the Grand-Ducal Regulation adopted in August
1999 which at least partly regulates the problem and thus
stops the Commission from proceeding further.

Directive 90/219/EEC was amended by Council Directive
98/81/EC of 26 October 1998 (contained use of genetically-
modified micro-organisms) (2), which must be transposed by
5 June 2000. The proposal for an amendment to Directive
90/220/EEC adopted by the Commission at the end of 1997 (3)
seeks to introduce a more transparent approval procedure for
the marketing of GMOs, to establish a system for the labelling
to set out common
of products using such organisms,
principles for risk assessment and to adapt administrative
procedures to the risks involved, including indirect ones. The
Council adopted a common position on the proposal on
9 December 1999.

The Commission was able to terminate a number of proceed-
for example,
ings in the GMO sector in 1999. Belgium,
remedied all the situations in respect of which proceedings
initiated against it. Following the Court’s judgment of 29 May
1997 (Case C-357/96), finding against Belgium for failure to
notify the Commission of measures to transpose Directive
94/15/EC adapting Directive 90/220/EEC to technical pro-
gress, the Commission had initiated Article 228 proceedings
but was subsequently able to drop them following notification
by Belgium of the Royal Decree of 18 December 1998
transposing the Directive. The case concerning the transposal
of Directives 90/219/EEC, 90/220/EEC and 94/51/EC (judg-
ment of 16 July 1998, Case C-343/97) was also dropped
following adoption of the above mentioned Royal Decree in
respect of Directive 90/220/EEC and the adoption of the
Ministerial Order of 22 September 1998 in respect of Directive
90/219/EEC and Directive 94/51/EC amending it. Finally, the
Royal Decree of 18 December 1998 also remedied Belgium’s
failure to transpose Directive 97/35/EC, which the Com-
mission had decided to refer to the Court in 1998.

Similarly, the difficulties detected by the Commission regarding
the conformity of
the Portuguese legislation transposing
Directives 90/219/EEC and 90/220/EEC were resolved by
Portugal’s adoption of a Decree-law on 2 March 1999, after
which the Commission abandoned its decision to refer the
matter to the Court and terminated the infringement proceed-
ings.

The Commission also withdrew its action against Greece (Case
C-121/99) for failure to transpose Directive 97/35/EC, Greece
having transposed the Directive by means of a Ministerial
Decision of 20 May 1999.

(1) OJ L 123, 24.4.1998, p. 1.

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

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Following the judgment of 16 July 1998 against Luxembourg
(Case C-339/97) for failure to notify measures implementing
Directives 94/15/EC and 94/51/EC, Luxembourg did in fact
concerning Directive
provide notification of measures
94/15/EC, but not concerning Directive 94/51/EC. The Com-
mission consequently went ahead with Article 228 proceedings
in this respect and sent Luxembourg a reasoned opinion.
However, Luxembourg has recently provided notification of
transposal measures.

two cases of

Finally,
incorrect application of Directive
90/220/EEC resulted in France being sent a reasoned opinion.
The first concerned the failure of the French authorities to
react
to a notification of products by manufacturers or
importers with a view to the placing of the products on the
market. Under the terms of the Directive the competent
authority must, within 90 days, either forward the dossier to
the Commission with a favourable opinion or inform the
notifier that the request does not fulfil the conditions of the
Directive and is therefore rejected. The second failing con-
cerned the subsequent stages of the authorisation procedure
for the placing on the market of products consisting of or
containing GMOs. The Directive stipulates that when a decision
has been taken approving the placing on the market of such a
product, the competent authority of the Member State which
received the initial notification must give its consent in writing
so as to permit the product to be placed on the market.
However, France has still not given its consent in respect of
two favourable decisions adopted in 1997.

The French Conseil d’Etat (supreme administrative court) asked
the Court of Justice for a preliminary ruling (Case C-6/99) as
to whether the national authorities had any power of discretion
following the adoption of a favourable decision by the
to Article 13 (4) of Directive
Commission pursuant
90/220/EEC. The Advocate-General,
in his conclusions of
25 November 1999, found that a Member State which had
transmitted to the Commission an application for authoris-
ation for the placing on the market of a GMO had no power
of discretion. The State in question could not refuse to give its
written consent if no other Member State had objected to the
application or if the Commission had taken a favourable
decision, other than to make use of the possibility afforded by
Article 16 of
the Directive (irregularities in the national
procedure).

2.12.8. Waste

Infringement proceedings in relation to waste continue to
transposal and practical
abound, concerning both formal
application. As mentioned in the last report, the most likely
explanations for the difficulties in enforcing Community law
in these matters are as much the need for changes in the
conduct of private individuals, public services and business
firms as the costs of such changes.

Regarding the framework Directive on waste (Directive
75/442/EEC, as amended by Directive 91/156/EEC), most of
the implementation difficulties concern its application to
specific installations. This is at the root of the large number of
complaints primarily concerned with waste dumping (uncon-
trolled 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 and waste-repro-
cessing sites; in the case of waste-disposal, the authorisation
must
lay down conditions to contain the environmental
impact.

The adoption by the Council on 26 April 1999 of Directive
1999/31/EC on the landfill of waste (1) should help to clarify
the legal framework in which sites employing this method of
disposal are authorised in the Member States.

As mentioned previously, the Commission uses individual
cases of this type to seek more general problems, such as the
absence or inadequacy of waste management plans, based on
the assumption that an illegal dump may provide evidence of
an unsatisfied need for waste management.

This was the spirit behind the Commission’s second referral of
Greece to the Court of Justice in 1998 (C-387/97), asking the
Court to impose a daily fine of EUR 24 600 on Greece, on the
basis of Article 228 of the Treaty, for failure to give effect to the
Court’s judgment in Case C-45/91 (7 April 1992) concerning a
specific case of an environmentally unsound waste disposal
situation in Kouroupitos (Crete) and the lack of any waste-
management plan to deal with it. The Advocate-General
delivered his conclusions on 28 September 1999, asking the
Court to declare that the Hellenic Republic had failed to
comply with the judgment of 7 April 1992 by still not having
fulfilled its obligation to adopt measures necessary to dispose
of toxic and dangerous waste in the Chania region without
endangering human health or the environment, and its obli-
gation to establish plans or programmes for this region for
disposing of toxic and dangerous wastes. He therefore pro-
posed that a daily fine of EUR 15 375 be imposed on Greece,
payable from the date of notification of the judgment closing
the present proceedings and until Greece’s regularisation of
the situation.

The Court also delivered an important judgment in plenary
session on 9 November 1999 in a case brought by the
Commission against Italy concerning illegal tipping in the San
Rocco valley (Case C-365/97). The Court found against Italy
for failing to take measures necessary to dispose of the waste

(1) OJ L 182, 16.7.1999, p. 1.

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discharged into the watercourse running through the San
Rocco valley without endangering human health or the
environment, and for failing to take measures to ensure that
the waste collected in an illegal tip is handed over to a private
or public waste collector or a waste disposal company.

to Greece on the same matter. The Commission also sent
reasoned opinions to France and Portugal, but both responded
with the required information. The proceedings initiated
against Belgium were, dropped before the reasoned opinion
announced in last year’s report had even been sent, following
Belgium’s submission of the information required in the format
specified by the Directive.

The Commission also sent Greece a reasoned opinion concern-
ing uncontrolled waste dumping in the Peloponnese.

Given that planning is such an important part of waste
management a point illustrated by the the Commission decided
in October 1997 to start infringement proceedings examples
above — against all Member States except Austria,
the
only State to have established a planning system for waste
management. These proceedings cover a range of failings,
relating variously to plans as required by Article 7 of the
framework Directive, plans for management of dangerous
waste as required by Article 6 of Directive 91/689/EEC, and
special plans for packaging waste, as required by Article 14 of
Directive 94/62/EC.

In 1999 the Commission referred France (Case C-292/99),
Ireland (Case C-461/99) and Italy (Case C-466/99) to the Court
in respect of all three categories of plans, and decided also to
refer Luxembourg, Spain, Greece and the United Kingdom.

However, after having decided to refer Germany to the
Court the Commission suspended the procedure on receiving
notification of a plan for non-dangerous waste and waste
packaging from Niedersachsen (Lower Saxony), the only, Land
not previously to have had such a plan. This plan is currently
being scrutinised. In addition, the Article 228 proceedings
commenced against Germany following the judgment of
10 May 1995 (Case C-422/92) were terminated after a
dangerous-waste plan was received for Bremen, the only Land
for which no such plan had yet been notified.

The proceedings commenced against the Netherlands and
Belgium related merely to the absence of a specific chapter on
packaging waste, but these proceedings were dropped in
1999 after both countries. took appropriate remedial action.
Proceedings remain ongoing against Sweden and Portugal but
were dropped against Denmark and Finland in 1999.

As regards Directive 91/689/EEC on hazardous waste, the
Commission had commenced infringement proceedings in
1998 against a number of Member States which had failed to
provide the Commission with particular information required
in relation to establishments or undertakings carrying out
disposal and/or recovery of hazardous waste. In 1999 the
Commission referred Italy to the Court on this point (Case
C-469/99). A supplementary reasoned opinion was also sent

Regarding the implementation of the Directives on batteries
and accumulators containing certain dangerous substances
(91/157/EEC and 93/86/EEC), the Commission is pursuing
infringement proceedings against those Member States which
have not yet established the programmes called for by Article
6 of the Directive. Following the Court’s judgment against
Spain of 28 May 1998 (Case C-298/97) the Commission
initiated Article 228 proceedings and addressed a reasoned
opinion to Spain. The measures subsequently notified by Spain
are currently being examined. The Commission also initiated
Article 228 proceedings against Greece for failure to give effect
to the Court’s judgment of 8 July 1999 (Case C-215/98). And
the Commission decided to refer Portugal to the Court on the
same grounds, but is currently examining certain measures
implemented by that Member State.
In contrast, Belgium
provided details of a programme which it has established to
comply with the Court’s judgment against Belgium of 21 Janu-
ary 1999 (Case C-347/97), and France terminated the infringe-
ment noted by the Court in its judgment of 8 July 1999 (Case
C-178/98). The Commission therefore terminated these two
proceedings.

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 (1) is due for transposal by 1 January 2000.

The Commission commenced infringement proceedings
against Greece (Case C-123/99) and the United Kingdom (Case
C-455/99) for their failure to provide notification of measures
transposing Directive 94/62/EC on packaging and packaging
waste, but subsequently decided not to press ahead against the
United Kingdom after the latter provided notification of its
measures (2). The proceedings commenced against Germany
concerning its packaging regulations, which continue to
promote the re-use of packaging materials, are also continuing,
but the Commission has dropped the proceedings commenced
against Belgium (Case C-14/99), Portugal, Luxembourg and
France since receiving notification by these Member States of
their measures completing transposal of the Directive.

(1) OJ L 1, 5.1.1999, p. 1.
(2) The Producer Responsibility Obligations

(Packaging Waste)
(Northern Ireland) 1999 SR NI

(Amendment) Regulations
No. 496.

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Not only must transposal measures be notified to the Com-
mission, they must also conform to the relevant Community
legislation. This would not seem to be the case in Denmark,
which the Commission has referred to the Court of Justice for
its ban on metal cans for drinks and other types of non-
reusable packaging.

definitive transposal measures the Commission commenced
proceedings in the Court of
Justice against Greece (Case
C-464/99) and the United Kingdom (Case C-468/99) and
decided to refer Germany to the Court.

Under Article 16 of Directive 94/62/EC, Member States must
send their draft implementing measures to the Commission
and to the other Member States for scrutiny prior to adoption.
The procedure governing this obligation was mentioned in last
year’s report.

The Commission decided to refer Germany to the Court of
Justice 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.

Infringement proceedings were commenced in 1999 against
various Member States for failure to submit the annual reports
required by Article 41 of Regulation (EEC) No 259/93. The
proceedings against Denmark and France were dropped after
those two submitted their reports. The proceedings against
Greece, Italy and the Netherlands remain ongoing, pending
analysis of the responses from those countries. However,
Ireland having failed to respond, the Commission decided to
issue a reasoned opinion against Ireland.

Regarding Directive 75/439/EEC on the disposal of waste oils,
the Court of Justice ruled against Germany on 9 September
1999 in Case C-102/97, for failing to take the measures
necessary to give priority to the processing of waste oils by
regeneration, notwithstanding that technical, economic and
organisational constraints so allowed. The Commission also
referred Portugal to the Court for incorrect transposal of the
Directive (Case C-392/99).

Lastly, with regard to the disposal of PCBs and PCTs, two
particularly dangerous products, Directive 96/59/EC, which
supersedes Directive 76/403/EEC, was due to be transposed
by the Member States by 16 March 1998. The Commission
addressed reasoned opinions to Belgium, Denmark, Germany,
Greece, Italy, Portugal, Spain and the United Kingdom for
failure to provide notification of their transposal measures.
Proceedings were subsequently dropped against Belgium,
Denmark, Italy, Portugal and Spain, following their notifi-
cations of transposal measures. However, in the absence of

2.12.9. Environment and industry

Directive 82/501/EEC (the ‘Seveso’ Directive) concerns the
prevention of major industrial accidents.

The first point to note is that the Court found against Italy in
its judgment of 17 June 1999 (Case C-336/97) for failure to
organise emergency plans, inspections and control measures
as required by the Directive.

The second point to note is that Directive 96/82/EC (Seveso II),
replacing Directive 82/501/EEC from 3 February 2001, was
due to be transposed by no later than 3 February 1999. In the
absence of notifications of their transposal measures, the
Commission decided to send reasoned opinions to Belgium,
France, Luxembourg, Germany, the United Kingdom, Ireland,
Greece, Portugal and Austria.

The Commission referred Portugal to the Court in 1999 in
relation to Directive 84/360/EEC (air pollution from industrial
plants), as Portugal’s authorisation system does not cover all
the types of plant
to which the Directive applies (Case
C-131/99). However, Portugal modified its national legislation
to come into line with the Directive, therefore the Commission
withdrew its action.

The Commission decided to refer Belgium and Ireland to the
Court for non-conformity of their measures implementing
Directive 87/217/EEC (prevention and reduction of environ-
mental pollution by asbestos).

for non-conformity of

Regarding the two Directives on the prevention of air pollution
from municipal waste incineration plants, namely 89/369/EEC
(new plants) and 89/429/EEC (existing plants), the Commission
referred Belgium to the Court
its
transposing legislation, although Belgium has adopted various
measures, these do not redress all the failings (Case C-287/99).
The Commission decided to refer Spain to the Court for
permitting the Canary Islands to operate incinerators not
complying with Directive 89/369/EEC. Finally, France was
sent a reasoned opinion for allowing numerous incinerators to
operate in contravention of Community legislation, with
substantial dioxin emissions.

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Directive 94/67/EC on the incineration of hazardous waste fell
due for transposal on 31 December 1996. Proceedings are in
progress against Belgium (Case C-338/99) and Italy (Case
C-421/99) for failure to notify transposal measures. However,
the Commission terminated the proceedings against Greece
(Case C-388/98), Austria and the United Kingdom, all three
having submitted details of the measures taken to implement
the Directive.

Directive 96/61/EC concerning integrated pollution prevention
and control (IPPC), adopted on 24 September 1996, was due
to be implemented by 30 October 1999.

The Commission withdrew its decision to take Belgium to the
Court of Justice in relation to Regulation (EEC) No 880/92 of
23 March 1992 on a Community eco-label award scheme,
Belgium having in the meantime adopted the necessary
national implementing measures (designation of competent
bodies, practical rules for assessment of applications for the
award of an eco-label).

Likewise, the Commission was able to withdraw from referring
Greece and Portugal to the Court for failure to adopt the
necessary national measures implementing Regulation (EEC)
No 1836/93 allowing voluntary participation by companies
in the industrial sector in a Community eco-management and
audit scheme (EMAS), both countries having in the meantime
adopted implementing measures.

Legislation based on the Euratom Treaty is special in that the
conformity of the transposal measures is examined by the
Commission before the measures in question are finally
adopted. Article 33 of the Euratom Treaty provides that
Member States must communicate to the Commission any
draft provisions which they have taken to ensure compliance
with the basic standards in the area of radiation protection.
The Commission must make appropriate recommendations
for harmonising these measures. These recommendations
contain the same type of analysis of conformity as the letters
of formal notice issued under Article 226 of the EC Treaty in
the other areas of Community environmental law. In 1999 the
Commission received 11 communications of draft provisions
under Article 33 of the Euratom Treaty, and made recommen-
dations in respect of two of them.

Even though the recommendations issued under Article 33 are
not binding, the Member States usually follow them very
closely. As a result, there tend to be fewer infringement
proceedings for non-compliance in the field of radiation
protection.

Article 35 of the Euratom Treaty provides that each Member
State shall establish the facilities necessary to carry out
continuous monitoring of the level of radioactivity in the air,
water and soil and to ensure compliance with basic standards.
The Commission may verify the operation and efficiency of
such facilities. During 1999 the Commission carried out three
such verifications. Pursuant to Article 36 of the Euratom
Treaty, the Member States communicate to the Commission
information on the levels of radioactivity measured in the
environment, so the Commission can check that the basic
standards are being complied with.

The Commission also decided to refer Belgium to the Court
with regard to the use of the tacit authorisation scheme
mentioned in last year’s report, since Belgium’s responses to
the reasoned opinion offered no evidence that the national
legislation had been brought into line with the Directive.

In general, the Commission checks the implementation of the
radiation protection legislation on the basis of Article 124,
and applying the procedure described in Articles 141 and 143
of
the Euratom Treaty. These three Articles correspond
respectively to Article 211, 226 and 228 of the EC Treaty.

2.12.10. Radiation protection

The Community legislation on radiation protection is based
on Chapter III (Health and Safety) of the Euratom Treaty. It
covers all aspects of the protection of the health of workers
and the general public against the dangers arising from ionising
radiation, not only those aspects related to nuclear energy. In
fact, medical uses represent the chief form of exposure.

As the instrument of primary legislation, the Euratom Treaty,
in its Articles 33 to 37, imposes certain obligations on Member
States relating to training and education, environmental moni-
toring and disposal of radioactive waste. In addition, there are
currently five main directives and three regulations in force
concerning radiation protection.

Directive 80/836/Euratom lays down the basic safety standards
for the health protection of the general public and workers
against the dangers of ionising radiation. The infringement
proceedings against Luxembourg for failure to conform to the
provisions of the directive were dropped in 1999, when
Luxembourg adopted new complying legislation. Thus, the
only outstanding infringement proceedings in relation to
Directive 80/836/Euratom are those against the Netherlands
for failure to comply with basic standards concerning, for
example, nursing mothers,
internal exposure and received
doses.

As regards Directive 84/466/Euratom laying down basic
measures for the radiation protection of persons undergoing
medical examination or treatment, the infringement proceed-
ings against Spain (Case C-21/96, judgement given on 9 Octo-
ber 1997) are still open. During 1999 Spain communicated to
the Commission new transposing measures which appear to
resolve all the points at issue. The measures have been adopted
but not yet published, which must be done before the case can
be formally closed.

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The proceedings against Belgium continued, with the issuing
of a supplementary reasoned opinion. The Belgian legislation
as notified does not
the
Directive concerning, for example, training, qualified experts,
acceptability criteria and surveillance of radiological instal-
lations.

the requirements of

fully meet

The two above mentioned Directives are soon due to be
replaced by new Directives, namely 96/29/Euratom laying
down basic safety standards for the health protection of the
general public and workers against the dangers of ionising
radiation and 97/43/Euratom on the health protection of
individuals against the dangers of ionising radiation in relation
to medical exposure. The transposal deadline for these Direc-
tives is 13 May 2000.

At the moment, Directive 89/618/Euratom on informing the
general public about health protection measures to be applied
and steps to be taken in the event of radiological emergency
accounts for most of the implementation problems in the field
of radiation protection.

2.13. Agriculture

2.13.1. Free movement of agricultural produce (1)

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 occasion to recall that
Articles 28 and 29 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.

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 downward trend in recent years in the number of new
cases involving traditional barriers to trade in agricultural
produce, such as routine import checks and demands for
import licences, has been further confirmed this year.

The Commission had decided to refer Spain to the Court for
failure to establish a system for prior information as required
by Directive 89/618/Euratom. However, Spain communicated
new national legislation to the Commission in 1999, thus
completing its transposal measures and allowing the proceed-
ings to be terminated. In the procedure against Sweden, the
Commission sent a reasoned opinion in 1999.

France’s insistence on authorising only such lawn-seed mix-
tures as have been entered in the French national catalogue
was held to be contrary to Article 28 of the EC Treaty and
supported by none of the exceptions available in Article 30,
this business being harmonised by Directives 66/401/EEC and
70/457/EEC. After being sent a reasoned opinion, France has
scrapped its non-conforming marketing scheme.

Sweden has failed to communicate transposal measures for
several of the provisions of Directive 89/618/Euratom, such as
informing the public in the event of an emergency and
procedures for circulation of information.

Proceedings are continuing against Germany for failure to
comply with the provisions on informing the public in the
event of an emergency and on emergency staff.

Proceedings are also continuing against France for failure to
comply with Directive 90/641/Euratom on the operational
protection of outside workers exposed to the risk of ionising
radiation during their activities in controlled areas.

On 12 November 1998 the Court of Justice gave judgment
in Case C-102/96 Commission v Germany, condemning 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 (2). The German authorities
notified the Commission of the measures adopted to comply
with the judgment, and the Commission subsequently termin-
ated the proceedings.

(1) Following reorganisation of the Commission services, all legis-
lation and questions relating to public health, animal health and
plant health are now dealt with by the Health and Consumer
Protection DG. Since the last quarter of 1999 this DG has been
responsible for examining and managing the infringement dossiers
in these areas, including obstacles to free movement of agricultural
products claimed to be justified on health protection grounds.
This change will be reflected in the structure of the Eighteenth
annual report on monitoring the application of Community law
(2000).

(2) Judgment of 12.11.1998, ECR 1998, p. I-6871.

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Certain countries’ persistence in reserving ‘quality labels or
descriptions’ for products of their own countries or regions
led the Commission to press ahead with the infringement
proceedings commenced against France, Spain and Germany.
The Commission considers that, pursuant to Article 28 of the
EC Treaty, as interpreted by the Court of Justice in Cases C-
13/78, Eggers (1) and C-321/94, Montagne (2), a quality descrip-
tion or quality label should not be reserved for products from
a particular geographical entity but should be based exclusively
on the intrinsic characteristics of the product. That being the
case, any national quality label or description should, pursuant
to Articles 12 and 34 of the EC Treaty, as of right be accessible
to any potential Community producer or user whose products
meet the objective and verifiable criteria required.

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
(now Article 28 EC), in conjunction with Article 5 of that
Treaty (now Article 10), and under the common organisations
of the markets in agricultural products. The fact that the
marketing of fruit and vegetables from Spain was untram-
melled 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 same was true
in 1999, with the exception of a few isolated incidents
in certain hypermarkets. The Commission trusts that the
marketing campaigns in the years ahead will proceed smoothly.

‘Normandie’,

‘Ardennes de France’,

In the case of France the infringement proceedings concern
the following regional quality labels:
‘Nord-
Pas-de-Calais’,
‘Languedoc-
Roussillon’, ‘Lorraine’, ‘Savoie’, ‘Franche-Comté’, ‘Corse’, ‘Midi-
Pyrénées’,
‘Salaisons d’Auvergne’ and ‘Qualité France’. The
continued use of these labels caused the Commission to issue
reasoned opinions. The French authorities are at present
disposed to change the legal arrangements governing such
labels.

‘Limousin’,

Reasoned opinions were issued concerning the following
quality descriptions used in Spain: ‘La Conca de Barbera’, ‘El
‘Alimentos de Andalucia’,
Valles Occidental’,
‘Alimentos de Extremadura’ and ‘Calidad Cantabria’. In the
wake of these reasoned opinions, the competent regional
authorities have subsequently scrapped, or expressed their
intention to scrap, these contested descriptions.

‘El Ripolles’,

Finally, faced with the refusal by the German authorities to
(Markenqualität aus deutschen
make the CMA quality label
Ländern), 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 decided to refer Germany to
the Court of Justice. The Commission considers that the label
in question constitutes a mandatory restriction as to the place
where processed products can come from.

Regarding the less traditional forms of barriers to trade, such
as the repeated acts of violence by individuals in France against
fruit and vegetable imports from other Member States,
in
particular from Spain, and the authorities’ failure to take
measures to prevent such acts,
is worth recalling the
judgment given by the Court of Justice on 9 November 1997
in Case C-265/95 (3), where it held that by failing to adopt all

it

(1) Judgment of 2.10.1978, ECR 1978, p. I935.
(2) Judgment of 7.5.1997, ECR 1997, p. I-2343
(3) Judgment of 6.11.1997, ECR 1997, p. 1-6959.

2.13.2. Markets

In addition to its efforts to remove barriers to the freedom of
movement of produce, 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 organis-
(a)
ation mechanisms,
the Commission continued to keep a
close watch on the use of production control mechanisms,
particularly in the milk sector, where it conducted a systematic
analysis of national measures to implement Regulations (EEC)
No 3952/92 and (EEC) No 536/93.

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

In February 1997 the Italian Government instructed a com-
mission of inquiry to conduct a special
inquiry into milk
production during 1995/1996 and 1996/1997. Pending the
conclusions of this inquiry, and subject to the reimbursement
of an estimated excess in relation to the levy actually due, the
accounts relating to the levy advances received by the pur-
chasers for the periods in question have been frozen. In
the light of widespread allegations concerning fraud and
irregularities, the Italian authorities had taken the view that
payments to the competent authority could not be made until
there had been a new in-depth inquiry into the level of actual
production and the level of the reference quantity for each
producer. These circumstances formed the subject of the
infringement proceedings.

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The Commission has been kept informed of the progress of
each successive inquiry and has itself carried out control visits
to all the bodies concerned.

A preliminary ruling was requested on the same subject by the
Paris Tribunal de grande instance (Case C-136/96). The Court of
Justice ruled on 16 July 1997 (1)
that Community rules
prohibited such product designations.

The indications seem to be that this exceptional exercise will
help to clarify a previous situation based on doubts concerning
production capacity in Italy. The production level
initially
declared by purchasers has been confirmed (the figures are out
by less than 1 %, and part of this may yet be confirmed).
The inquiry results have also clarified the situation of each
individual producer, except in instances where lawsuits are
involved. In November 1999 the results of the new scheme
for offsetting deliveries were notified to those concerned. The
Commission is keeping a close watch on trends in the actual
collection of amounts due.

In their reply to the reasoned opinion the French authorities
continued to support the marketing of the relevant product
under the designation contested by the Commission, which
accordingly referred the case to the Court of Justice.

(c)
Finally, 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. In the wake of
this reasoned opinion Greece rectified the anomalous situation
and the procedure was therefore terminated.

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 purchasers have commenced large-
scale actions against decisions affecting them.

Following commencement of infringement proceedings, the
Spanish authorities have adopted new measures for managing
the scheme, aimed at avoiding large-scale recourse to the
courts in the future. The key elements consist of an obligatory
scheme for collecting advance payments from producers who
exceed their quota during the period and the imposition of
restrictive conditions governing the approval of purchasers.
The scheme’s management in 1998/1999 did not produce the
widespread problems that had been encountered in previous
years.

Regarding actions commenced earlier, the Spanish authorities
caused sureties to be established for the sums in dispute in the
numerous cases where this had not already been done. They
now consider that the levy still due is fully covered, either by
these sureties or by compulsory recovery orders.

(b) The Commission has also had occasion to look into cases
of failure to comply with Community rules governing the
designation of agricultural products.

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 40o, and the addition of water to
spirits is prohibited in order to avoid the nature of the product
being distorted.

2.13.3. Harmonised areas

Many more agriculture directives fell due for transposal in
1999 than in 1998, and this was reflected in a substantial rise
in the number of infringement proceedings in 1999 for non-
communication of transposal measures.

The rate of transposal deteriorated in general, although some
progress was noted in Belgium, Sweden, Finland and Portugal,
Italy made the most progress, while Greece’s progress showed
the most deterioration. France’s position, already a cause for
concern in 1998, remained unchanged.

In two cases the Commission found itself obliged to commence
Article 228 proceedings, after Member States failed to give
effect to a judgment of the Court.

Seeds and seedlings

Only Sweden has communicated transposal measures in
respect of all the directives falling due for transposal. However,
the other countries’ delays in transposal do not exceed six
months.

Plant health

There are relatively few major problems still outstanding in
this sector, Greece and Luxembourg being the most late with
their transposal measures.

(1) Judgment of 16.7.1998, ECR 1998, p. I-4571.

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The Commission referred Austria and Luxembourg to the
Court for their delays in transposing Directives 96/32/EC and
96/33/EC on maximum levels for pesticide residues. However,
Austria transposed these two directives at the end of 1999.

In December 1999 the Court also found against Greece for
failure to transpose Directive 96/43/EC (veterinary fees).

Feedingstuffs

The deadlines for transposing several important Directives fell
due in 1998 and 1999. These include Directives 95/53/EC
(organisation of official
inspections), 95/59/EC (approving
and registering certain establishments and intermediaries),
96/25/EC (circulation of feed materials), 96/51/EC (major
amendements to the legislation on additives), 98/67/EC (revis-
ing the Annexes to Directive 96/25/EC), 98/88/EC (micro-
scopie identification and estimation of constituents of animal
origin) and 1999/29/EC (undesirable substances and products).

To come into line, many Member States have had to undertake
a radical overhaul of their legislation on feedingstuffs. The
Community provisions to be transposed and implemented are
so complex that there have been many delays in transposing
them.

The Commission was therefore obliged to refer nine cases to
the Court (four concerning Greece, two Luxembourg, one
Ireland, one France and one Italy).

The Court also ruled against France for failure to comply
with its obligation to transpose four directives relating to
feedingstuffs intended for particular nutritional purposes.
However, France subsequently complied with the Court’s
ruling and the Commission consequently terminated the
infringement proceedings.

Veterinary matters

The rate of transposal of directives in this sector remained
stable. The duration of infringements is tending to increase,
however, as demonstrated by the fact that the Commission
found itself obliged to initiate Article 228 infringement
proceedings against France and Greece for not complying with
the Court’s judgments against them for failure to transpose
Directive 94/28/EC (imports of animals, their semen, ova and
embryos) and Directive 93/118 (veterinary fees).

The Court found against Italy for failure to transpose Directives
93/118/EC (veterinary fees) and 94/42/EC (intra-Community
trade in bovine animals and swine). Italy has since complied
with the Court’s rulings.

The Commission also decided to refer Germany, Spain, Ireland
and Portugal to the Court for their delays in transposing this
latter Directive.

Cases were also brought before the Court for non-transposal
by Italy and Portugal of 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); non-transposal by Italy, Ireland and Luxem-
bourg of Directive 96/93/EC (certification of animals and
animal products); non-transposal by Austria of Directive
90/428/EEC (trade in equidae intended for competitions); non-
transposal by Belgium of Directive 95/71/EC (fishery products);
non-transposal by Ireland of Directive 97/61/EC (bivalve
molluscs); and non-transposal by the United Kingdom of
Directives 95/68/EC (meat products) and 96/90/EC (products
not subject to the requirements laid down in specific Com-
munity rules).

With regard to animal welfare, France transposed Directive
95/29/EC (transport of animals) at the end of the year, and the
Commission will therefore be able to withdraw from its
proceedings before the Court. The Commission also withdrew
its case against Austria for non-transposal of Directive
93/119/EC (protection of animals at the time of slaughter or
killing) after Salzburg, the one Land still in default, enacted
implementing measures.

Incorrect transposal and incorrect application

Progress was made in 1999 in several
infringement cases
relating to the incorrect transposal or application of secondary
law in the veterinary and phytosanitary field.

The Grand Duchy of Luxembourg amended its legislation to
comply with the obligation in Directive 91/414/EEC concern-
ing the marketing of plant protection products and to authorise
the production, transport and storage of plant protection
products intended for other Member States but whose use is
banned in Luxembourg. The Commission therefore decided to
drop the case.

Following surveys conducted in the Member States concerning
application of the fees provided for in Directive 93/118/EC for
health inspections and controls of fresh meat and poultrymeat,
the Commission referred Greece to the Court for failings in
this area. The infringement proceedings commenced against
Belgium were dropped in 1999 after Belgium enacted new
legislation regularising its situation.

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In this context

Monitoring the correct application of the Community legis-
lation on bovine spongiform encephalopathy (BSE) remains
a Commission priority.
the Commission
commenced infringement proceedings against France for
ignoring the obligation imposed by Decisions 98/256/EC and
99/514/EC to allow British beef onto its territory. Also, after
having issued a reasoned opinion against the United Kingdom
concerning inadequate veterinary checks by the UK inspection
services in slaughterhouses and cutting rooms, the Com-
mission is keeping a very close eye on the veterinarian
recruitment programme set up by the UK authorities to
meet the obligations imposed by Directives 64/433/EEC and
89/662/EEC and by Decision 96/239/EC.

A new inspection in Portugal by inspectors from the Com-
munity’s Food and Veterinary Office (FVO)
indicated that
Portugal had resolved the
infringements of Directive
90/667/EEC and Decision 96/449/EC which the Commission
had noted in 1997. The Commission has decided to await
confirmation of the FVO inspectors’ conclusions before closing
the file.

The persistence of serious hygiene and structural shortcomings
repeatedly observed in certain French, Irish and Luxembourg-
ish slaughterhouses in the course of visits by FVO inspectors
resulted in reasoned opinions being addressed to these three
countries. But the latest visits revealed that some of these
establishments had since been closed down and that the others
had made significant progress towards compliance.

The Commission also decided to refer France to the Court of
Justice in respect of the French Arrêté (Order) of 3 September
1994 which,
in contravention of Directives 64/433/EEC,
71/118/EEC, 91/445/EEC and 91/495/EEC, authorises certain
establishments marketing meat and meat-based products to be
exempted from health-inspection obligations.

In the context of
the crisis in Belgium sparked by the
contamination of animals and of food by dioxin, the Com-
mission addressed a reasoned opinion to Belgium on the
grounds that Belgium had delayed too long in informing the
Commission of the contamination. Directives 89/662/EEC
and 90/425/EEC demand that each Member State must
immediately notify the other Member States and the Com-
mission of any outbreak in its territory of any zoonoses,
diseases or other cause likely to constitute a serious hazard to
animals or to human health.

2.13.4.

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

In 1999, as in previous years,
the Commission received
notification of a great many draft instruments pursuant to
Directive 98/34/EC, 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.

In the agricultural sector, the Commission, under Article 28 of
the EC Treaty and secondary law, considered 172 draft
legislative instruments notified by the Member States (153)
and the EFTA countries (19) and, after studying them, called
for amendments to some of them by delivering detailed
opinions (in eight cases) or observations (in nine).

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

The Commission applied to the Court, on 9 September and
30 November, to bring actions against France and the United
Kingdom respectively, for failure to meet their obligation to
carry out checks for exceeding certain quotas allocated to
France in 1988 and in 1990 and to the United Kingdom in
1985, 1986, 1987, 1988 and 1990. Reasoned opinions were
sent to the United Kingdom and France on 26 August and
30 September respectively, in the context of proceedings for
failure to meet this same obligation for exceeding certain
quotas allocated to them in 1995 and 1996. In addition, the
proceedings against Spain for non-compliance, in terms of
minimum size, with the Community provisions governing
fishing and the marketing of certain species, were dropped
following Spain’s enactment in 1999 of national measures
complying with the Community legislation.

2.14.2. Grant of flag rights and fishing licences

In 1999 the Commission continued to scrutinise national
legislation on the granting of flag rights to fishing vessels for
compatibility with Community law.

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The infringement proceedings against Belgium in connection
with the granting of flag rights were terminated following
Belgium’s adoption in 1999 of national legislation compatible
with Community law.

The Commission also organised a series of meetings of
government experts in connection with the implementation of
the directives due to be transposed within the next two years,
such as Directives 97/7/EC (distance selling), 98/6/EC (price
indication) and 98/27/EC (injunctions).

2.15. Consumer protection

2.15.1. Transposal of the applicable Directives

All of the twelve Directives covered by this Chapter have been
transposed by all Member States.

It should be noted, however,
that Directives 92/59/EEC
(general product safety) and 87/357/EEC (dangerous imitations
of food products), as well as Directives 87/102/EEC and
90/88/EEC on consumer credit and Directives 79/581/EEC,
88/314/EEC and 88/315/EEC on price indication have not
been transposed for Gibraltar, since the United Kingdom
considers that these Directives, having as their main aim the
elimination of barriers to the free movement of goods between
Member States, do not apply to Gibraltar.

2.15.2. Safety and health

Directives 92/59/EEC on general product
and
87/357/EEC on dangerous imitations of food products have
been transposed by all Member States. There are no infringe-
ment proceedings in progress at the present time.

safety

2.15.3. Protection of consumer’s economic interests

All the Directives in this sector have been transposed by all
Member States, but there are several infringement proceedings
in
national
implementing measures.

non-compliance

concerning

progress

of

At the Consumer Affairs Council of 9 November 1999, the
Commission submitted to the Council detailed reports on
the implementation of Directives 94/47/EC on timeshare
contracts (1) and 90/314/EEC on package holidays (2). A report
on the implementation of Directive 93/13/EEC on unfair terms
in consumer contracts will follow in early 2000.

Directive 93/13/EEC on unfair terms in consumer contracts
was also the subject of an international conference organised
by the Commission from 1 to 3 July 1999 in Brussels. The
proceedings of this conference can be obtained from the
Health and Consumer Protection DG.

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
application of
the Staff Regulations of officials and the
conditions of employment of other servants of the European
Communities.

Two infringement proceedings were still open at the start of
1999, both against Spain. In the course of the year one of
these cases was closed (concerning Spain’s failure to meet its
obligations under Article 12(b) of the Protocol on the Privileges
and Immunities of the European Community as regards the
issuing to non-Spanish officials and other servants of the
European Communities of a document enabling them to prove
they are legally resident in Spain while assigned to a post
there).

The second case (concerning Spain’s delay in adopting internal
measures to allow Spanish officials and servants of
the
European Communities to transfer their pension rights in
accordance with Article 11(2) of Annex VIII to the Staff
Regulations) remains open, although some progress has been
made towards achieving a satisfactory solution.

2.17. Statistics

1999 was a good year for monitoring the application of the
legislation on statistics. All of the proceedings commenced in
1999 or in earlier years were terminated.

The older proceedings involved the two cases against Spain 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).

During 1999 the Spanish authorities continued to transmit
the data requested. The Commission services had already
approved the ‘Global action plan on fishery statistics in Spain’.

(1) SEC(1999) 1795.
(2) SEC(1999) 1800.

Spain has made steady progress towards setting up a suitable
statistical system.

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The Commission was therefore finally able to terminate this
case, finding that Spain had set up a suitable statistical system
compatible with Regulation (EEC) No 1382/91 and Regulation
(EEC) No 3880/91.

All Member States have communicated their implementing
measures, with the single exception of Greece. The Com-
mission therefore sent the Greek authorities a letter of formal
notice on 12 March 1999.

The application and transposal of directives in the statistical
field pose no particular problems.

Just one infringement procedure was commenced for non-
notification of national measures implementing Council Direc-
tive 97/77/EC amending Directives 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.

Article 4 of the Directive requires Member States to communi-
cate their national implementing measures to the Commission
by 31 December 1998 at the latest.

In response to the letter of formal notice the Greek statistical
authorities forwarded the Ministerial Decision of 17 May 1999
concerning the carrying out of annual animal and plant
surveys. This Decision transposes into Greek law Directive
97/77/EC and requires the Greek statistical office to carry out
surveys in the areas governed by the Directive.

Consequently, the Commission was able to terminate the
infringement proceedings against Greece.

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ANNEX I

DETECTION OF INFRINGEMENT CASES

Table 1.1

Detection of infringement cases

Year

Complaints (1)

1996

1997

1998

1999

819

957

1 128

1 305

Cases detected by the Commission

Total

257

261

396

288

Parliamentary
questions

Petitions

22

13

18

16

4

4

7

10

Non-
communi-
cation (2)

1 079

760

610

677

Total

2 155

1 978

2 134

2 270

(1) In 1999, 57,48 % of the infringement cases originated in complaints, as opposed to 52.86 % in 1998.
(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 1999, by year of opening (1)

Opened in

Number

Under
examination as of
31.12.1999

Percentage
of cases under
examination

Complaints

Own initiative
cases

Non-communi-
cation

1999

1998

1997

1996

1995

1994

1993

1992

1991

1990

1989

1988

1987

1986

1985

1984

1978

2 270

2 134

1 977

2 151

1 853

2 396

2 336

2 509

2 184

2 343

2 107

1 574

1 350

1 240

1 003

651

124

1 543

674

292

124

130

97

48

31

32

27

18

8

2

3

6

8

7

50,59

22,10

9,57

4,07

4,26

3,18

1,57

1,02

1,05

0,89

0,59

0,26

0,07

0,10

0,20

0,26

0,23

924

345

142

53

57

40

17

15

9

8

9

2

0

1

0

0

0

246

218

94

57

64

50

27

16

21

19

8

5

1

1

6

2

7

373

111

56

14

9

7

4

0

2

0

1

1

1

1

0

6

0

Total

30 202

3 050

1 622

842

586

(1) The cases under examination are the cases opened following a complaint, a initiative Commission’s or a case of non-

communication, whether or not an infringement procedure was initiated.

C 30/68

EN

Official Journal of the European Communities

30.1.2001

Cases under examination as of 31 December 1999, by year of opening (graphic)

Table 1.2.1

1987

1988

1989

1990

1986

1985

1984

1978

1991

1992

1994

1993

1995

1996

1997

1999

1998

30.1.2001

EN

Official Journal of the European Communities

C 30/69

1.3. — BREAKDOWN BY MEMBER STATE OF THE CASES OPENED IN 1999

Table 1.3.1

Own initiative cases detected by the Commission in 1999, by Member State

Member State

Opened

Under examination as of 31.12.1999

Total

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

288

246

24

9

21

17

31

35

11

43

11

17

24

23

7

9

6

8,33 %

3,13 %

7,29 %

5,90 %

10,76 %

12,15 %

3,82 %

14,93 %

3,82 %

5,90 %

8,33 %

7,99 %

2,43 %

3,13 %

2,08 %

19

8

19

14

25

32

7

35

9

15

23

20

7

7

6

7,72 %

3,25 %

7,72 %

5,69 %

10,16 %

13,01 %

2,85 %

14,23 %

3,66 %

6,10 %

9,35 %

8,13 %

2,85 %

2,85 %

2,44 %

Figure 1.3.1.1

Own initiative cases detected by the Commission in 1999, by Member State (graphic)

United Kingdom
2,08 %

Finland
2,43 %

Sweden
3,13 %

Belgium
8,33 %

Portugal
7,99 %

Denmark  
3,13 %

Germany
7,29 %

Austria
8,33 %

Netherlands
5,90 %

Luxembourg
3,82 %

Greece
5,90 %

Spain
10,76 %

Italy
14,93 %

France
12,15 %

Ireland
3,82 %

 
C 30/70

EN

Official Journal of the European Communities

30.1.2001

Table 1.3.2

Complaints received in 1999, by Member State

Member State

Complaints received

Cases under examination as of 31.12.1999

Total

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

1305

59

41

164

101

182

225

63

135

8

39

61

64

42

40

81

4,52 %

3,14 %

12,57 %

7,74 %

13,95 %

17,24 %

4,83 %

10,34 %

0,61 %

2,99 %

4,67 %

4,90 %

3,22 %

3,07 %

6,21 %

930

49

29

124

66

132

132

48

105

8

22

46

42

25

31

71

5,27 %

3,12 %

13,33 %

7,10 %

14,19 %

14,19 %

5,16 %

11,29 %

0,86 %

2,37 %

4,95 %

4,52 %

2,69 %

3,33 %

7,63 %

Figure 1.3.2.1

Complaints received in 1999, by Member State (graphic)

United Kingdom
6,21 %

Belgium
4,52 % Denmark
3,14 %

Sweden
3,07 %

Finland
3,22 %

Portugal
4,90 %

Luxembourg
0,61 %

Austria
4,67 %
Netherlands
2,99 %

Italy
10,34 %

Ireland
4,83 %

France
17,24 %

Germany
12,57 %

Greece
7,74 %

Spain
13,95 %

30.1.2001

EN

Official Journal of the European Communities

C 30/71

Table 1.3.3.

Non-communication cases opened in 1999, by Member State
(non-communication of measures transposing directives and of technical regulations under Directive 98/34/EC)

Member State

Cases opened

Cases under examination as of 31.12.1999

Total

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

677

373

40

31

45

59

40

42

44

56

46

45

48

61

33

43

44

5,91 %

4,58 %

6,65 %

8,71 %

5,91 %

6,20 %

6,50 %

8,27 %

6,79 %

6,65 %

7,09 %

9,01 %

4,87 %

6,35 %

6,50 %

26

10

22

38

20

24

30

29

34

25

26

41

13

14

21

6,97 %

2,68 %

5,90 %

10,19 %

5,36 %

6,43 %

8,04 %

7,77 %

9,12 %

6,70 %

6,97 %

10,99 %

3,49 %

3,75 %

5,63 %

Figure 1.3.3.1

Non-communication cases opened in 1999, by Member State (graphic)

United Kingdom
6,50 %

Sweden
6,35 %

Finland
4,87 %

Portugal
9,01 %

Austria
7,09 %

Netherlands
6,65 %

Belgium
5,91 % Denmark 

4,58 %

Germany
6,65 %

Greece
8,71 %

Spain
5,91 %

France
6,20 %

Luxembourg
6,79 %

Italy
8,27 %

Ireland
6,50 %

 
C 30/72

EN

Official Journal of the European Communities

30.1.2001

ANNEX II

INFRINGEMENT PROCEDURES — BREAKDOWN PER STAGE REACHED, LEGAL BASIS, MEMBRE
STATE AND SECTOR

Established infringements — classified by stage of proceedings and Member State

Table 2.1

Letters of formal notice

Reasoned opinions

Referrals to Court

1995

1996

1997

1998

1999

1995

1996

1997

1998

1999

1995

1996

1997

1998

1999

80

42

92

113

81

97

67

114

71

59

4

115

2

2

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

80

46

84

88

72

86

67

85

65

68

85

87

44

57

61

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

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

30

4

30

48

21

61

32

41

38

16

37

50

5

14

33

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

15

1

5

16

6

23

10

16

11

3

4

5

1

1

1

1

9

14

7

35

15

32

18

1

9

13

0

1

8

Member State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

77

Total

1 016 1 142 1 461 1 101 1 075

192

435

334

675

460

72

92

121

123

178

Infringement proceedings classified by Member State, stage reached and legal basis

Table 2.2

1995

Directives

Total

No
notifi-
cation

Appli-
cation
problem

Imple-
menta-
tion
problem

1996

Directives

Total

No
notifi-
cation

Appli-
cation
problem

Imple-
menta-
tion
problem

1997

Directives

Total

No
notifi-
cation

Appli-
cation
problem

Imple-
menta-
tion
problem

Treaties,
Regu-
lations,
Deci-
sions

Treaties,
Regu-
lations,
Deci-
sions

Treaties,
Regu-
lations,
Deci-
sions

1998

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Appli-
cation
problem

1999

Directives

Total

No
notifi-
cation

Appli-
cation
problem

Imple-
menta-
tion
problem

Treaties,
Regu-
lations,
Deci-
sions

Treaties,
Regu-
lations,
Deci-
sions

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

50
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

0
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
8

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

80
30
15

46
4
1

84
30
9

88
48
14

72
21
7

86
61
35

67
32
15

85
41
32

65
38
18

68
16
1

43
13
5

32
3
0

47
12
4

60
29
11

40
4
2

46
21
13

45
22
10

57
21
15

48
33
16

50
13
0

10
6
5

4
0
1

7
5
1

4
6
1

5
4
4

3
11
2

3
4
1

4
8
4

10
5
2

2
0
1

13
6
2

4
0
0

21
8
1

12
7
2

16
11
1

12
24
9

14
4
2

19
7
5

4
0
0

6
2
0

14
5
3

6
1
0

9
5
3

12
6
0

11
2
0

25
5
11

5
2
2

5
5
8

3
0
0

10
1
0

B

DK

D

EL

E

F

IRL

I

L

NL

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

.

.

3
0
1
2
0
0
1

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
0
/
7
3

1995

Directives

Total

No
notifi-
cation

Appli-
cation
problem

Imple-
menta-
tion
problem

1996

Directives

Total

No
notifi-
cation

Appli-
cation
problem

Imple-
menta-
tion
problem

1997

Directives

Total

No
notifi-
cation

Appli-
cation
problem

Imple-
menta-
tion
problem

Treaties,
Regu-
lations,
Deci-
sions

Treaties,
Regu-
lations,
Deci-
sions

Treaties,
Regu-
lations,
Deci-
sions

1998

Directives

Total

No
notifi-
cation

Imple-
menta-
tion
problem

Appli-
cation
problem

A

P

FIN

S

UK

Total

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN
RO
REF

LFN: letter of formal notice.
RO: reasoned opinion.
REF: referral.

4
0
0

115
22
4

2
0
0

2
0
0

77
15
2

1 016
192
72

0
0
0

98
15
4

0
0
0

0
0
0

65
11
2

799
114
56

0
0
0

4
1
0

0
0
0

0
0
0

1
0
0

2
0
0

9
4
0

1
0
0

1
0
0

4
2
0

2
0
0

4
2
0

1
0
0

1
0
0

7
2
0

132
2
1

54
49
6

290
0
0

69
0
0

47
14
1

23
8
3

105
42
7

89 1 134
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

107 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

1999

Directives

Total

No
notifi-
cation

Appli-
cation
problem

Imple-
menta-
tion
problem

85
37
9

87
50
13

44
5
0

57
14
1

61
33
8

49
24
7

63
37
7

36
0
0

44
7
0

46
21
5

12
4
2

4
4
3

2
3
0

6
4
1

2
4
1

7
5
0

12
5
2

3
2
0

5
2
0

7
5
0

Treaties,
Regu-
lations,
Deci-
sions

17
4
0

8
4
1

3
0
0

2
1
0

6
3
2

Treaties,
Regu-
lations,
Deci-
sions

8
4
1

10
5
3

7
1
1

7
3
1

6
4
1

11
6
2

12
10
2

9
6
0

6
2
0

9
3
0

201
119
31

178 1 075
460
113
178
27

706
260
95

78
68
29

155
88
24

136
44
30

C
3
0
/
7
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

3
0
1
2
0
0
1

30.1.2001

EN

Official Journal of the European Communities

C 30/75

UK

S

FIN

P

A

NL

L

I

IRL

F

E

EL

D

DK

B

Figure 2.2.1

Letters of formal notice sent in 1999, by legal basis and Member State

0

20

46

44

40

60

80

100

2

7

6

6

5 2

36

2

3 3

63

4

7

12

8

17

12

2 6

10

10

4 3

57

4

19

5

3

14

5

3

12

25

49

50

48

45

46

40

5

16

11

60

4

12

12

47

7

21

9

32

4 4

6

10

13

14

40

60

80

100

43

20

0

Directives: non-communication

Directives: non-conformity

Directives: bad application

Treaties, regulations and decisions

C 30/76

EN

Official Journal of the European Communities

30.1.2001

Figure 2.2.2

Reasoned opinion sent in 1999, by legal basis and Member State (graphic)

4

5

3

UK

21
1
0

S

7

4

2 1

FIN

23

P

A

NL

L

I

IRL

F

E

EL

D

37

4

5

4

24

4

5

4

18

2 1

33

5

21

22

21

8

7

5

4

4 2

11

24

5

4

4

11

2

29

6

7

6

12

5

8

5

DK

3 1

B

13

40
6

6

5

0

10

20

30

40

50

60

70

Directives: non-communication

Directives: non-conformity

Directives: bad application

Treaties, regulations and decisions

30.1.2001

EN

Official Journal of the European Communities

C 30/77

Figure 2.2.3

Referrals to the Court in 1999, by legal basis and Member State (graphic)

UK

5

1

2

5

S

1

FIN 2

P

A

NL

1

L

I

7

7

3

2

1

2

16

15

IRL

10

1

2

F

E

EL

D

13

2

4

1

11

21

20

4

1 1

3

DK

1

B

5

5

2

3

2

4

2

2

30

5

8

9

11

0

10

20

30

40

Directives: non-communication

Directives: non-conformity

Directives: bad application

Treaties, regulations and decisions

C 30/78

EN

Official Journal of the European Communities

30.1.2001

Letters of formal notice (LFN), reasoned opinions (RO) and cases referred to the Court of Justice (REF):
comparison between 1998 and 1999 by stage of proceeding and legal basis (graphic)

Figure 2.2.4

800

700

600

500

400

300

200

100

0

706

615

384

201178

107

119113

59

60

31 27

5

260

155

136

78

95

88

68

44

29 24 30

LFN 1998

RO 1998

REF 1998

LFN 1999

RO 1999

REF 1999

Directives: non-communication

Directives: non-conformity

Directives: bad application

Treaties, regulations and decisions

30.1.2001

EN

Official Journal of the European Communities

C 30/79

Cases under examination — procedure statement as of 31.12.1999, by Member State

Table 2.3

Total

(1)

(2)

(3)

(4)

(5)

(6)

(7)

3 050

1 646

53,97 %

816

26,75 %

293

9,61 %

31

207

6,79 %

136

8,26 % 65,70 %

67

8,21 % 32,37 %

29

9,90 % 14,01 %

84

2,75 %

40

2,43 % 47,62 %

9

1,10 % 10,71 %

2

0,68 % 2,38 %

317 10,39 %

142

8,63 % 44,79 %

61

7,48 % 19,24 %

19

6,48 % 5,99 %

3

0

2

259

8,49 %

154

9,36 % 59,46 %

87 10,66 % 33,59 %

34 11,60 % 13,13 %

10

319 10,46 %

112

6,80 % 35,11 %

50

6,13 % 15,67 %

12

4,10 % 3,76 %

439 14,39 %

236 14,34 % 53,76 %

144 17,65 % 32,80 %

63 21,50 % 14,35 %

158

5,18 %

98

5,95 % 62,03 %

54

6,62 % 34,18 %

20

6,83 % 12,66 %

332 10,89 %

160

9,72 % 48,19 %

94 11,52 % 28,31 %

44 15,02 % 13,25 %

110

3,61 %

125

4,10 %

96

77

5,83 % 87,27 %

4,68 % 61,60 %

179

5,87 %

109

6,62 % 60,89 %

177

5,80 %

114

6,93 % 64,41 %

82

89

2,69 %

2,92 %

43

46

83

2,61 % 52,44 %

2,79 % 51,69 %

5,04 % 47,98 %

49

35

45

52

13

14

42

6,00 % 44,55 %

23

7,85 % 20,91 %

4,29 % 28,00 %

7

2,39 % 5,60 %

5,51 % 25,14 %

6,37 % 29,38 %

1,59 % 15,85 %

1,72 % 15,73 %

5,15 % 24,28 %

10

18

1

2

9

3,41 % 5,59 %

6,14 % 10,17 %

0,34 % 1,22 %

0,68 % 2,25 %

3,07 % 5,20 %

1

6

0

1

2

1

0

4

0

0

1

Total:

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

173

5,67 %

(1) = Cases under examination as of 31.12.1999 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 31.12.1999 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 31.12.1999 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 31.12.1999 for this Member State.
(7) = Cases for which the Article 228 procedure of the Treaty has been opened.

C 30/80

EN

Official Journal of the European Communities

30.1.2001

Cases under examination as of 31.12.1999 for which the infringement procedure has been opened, by
Member State (graphic)

Figure 2.3.1

250

200

 236

150

136

154

142

160

112

109

114

98

96

77

83

43

46

100

50

0

40

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy 

Luxembourg

Netherlands

Austria

Portugal

Finland

United Kingdom
Sweden

30.1.2001

EN

Official Journal of the European Communities

C 30/81

Cases under examination as of 31.12.1999, for which a reasoned opinion has been sent, by Member State
(graphic)

Figure 2.3.2

 144 

87

94

50

54

52

45

49

35

42

160

140

120

100

80

60

40

20

0

67

61

9

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy 

Luxembourg

Netherlands

13

14

Austria

Portugal

Finland

Sweden
United Kingdom

C 30/82

EN

Official Journal of the European Communities

30.1.2001

Cases under examination as of 31.12.1999 referred to the Court of Justice of the European Communities, by
Member State (graphic)

Figure 2.3.3

 63

44

23

20

70

60

50

40

30

20

10

0

34

29

19

12

2

18

10

7

9

1

2

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy 

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden
United Kingdom

30.1.2001

EN

Official Journal of the European Communities

C 30/83

Cases under examination as of 31.12.1999, for which the Article 228 procedure has been opened, by
Member State (graphic)

Figure 2.3.4

12

10

8

6

4

2

0

10

 6

3

2

2

4 

1

1

1

1

0

0

0

0

0

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy 

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden
United Kingdom

C 30/84

EN

Official Journal of the European Communities

30.1.2001

Table 2.4

Cases under examination as of 31.12.1999, by sector

Total

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Total:

Environment

Internal market

Agriculture

Industry

Social affairs

3 050

1 646

53,97 %

816

26,75 %

293

9,61 %

870 28,52 %

317 19,26 % 36,44 %

165 20,22 % 18,97 %

72 24,57 % 8,28 %

660 21,64 %

353 21,45 % 53,48 %

167 20,47 % 25,30 %

49 16,72 % 7,42 %

109

3,57 %

31

1,88 % 28,44 %

181

5,93 %

138

8,38 % 76,24 %

176

5,77 %

99

6,01 % 56,25 %

24

59

59

67

2,94 % 22,02 %

1

0,34 % 0,92 %

7,23 % 32,60 %

7,23 % 33,52 %

8,21 % 33,84 %

13

29

23

4,44 % 7,18 %

9,90 % 16,48 %

7,85 % 11,62 %

Customs and taxation

198

6,49 %

106

6,44 % 53,54 %

Transport

Competition

Telecommunications

Consumers

Fisheries

Financial affairs

Budgets

Audiovisual

Energy

Education

External relations

Personnel

Regional policies

Justice

183

6,00 %

167 10,15 % 91,26 %

83 10,17 % 45,36 %

37 12,63 % 20,22 %

67

52

2,20 %

1,70 %

20

43

1,22 % 29,85 %

2,61 % 82,69 %

15

29

1,84 % 22,39 %

3,55 % 55,77 %

6

6

2,05 % 8,96 %

2,05 % 11,54 %

349 11,44 %

257 15,61 % 73,64 %

98 12,01 % 28,08 %

40 13,65 % 11,46 %

30

32

17

18

13

11

4

1

1

0,98 %

1,05 %

0,56 %

0,59 %

0,43 %

0,36 %

0,13 %

0,03 %

0,03 %

22

14

17

16

13

3

1

1

1

1,34 % 73,33 %

0,85 % 43,75 %

12

12

1,47 % 40,00 %

1,47 % 37,50 %

1,03 % 100,00 %

3

0,37 % 17,65 %

0,97 % 88,89 %

11

1,35 % 61,11 %

0,79 % 100,00 %

0,18 % 27,27 %

0,06 % 25,00 %

0,06 % 100,00 %

0,06 % 100,00 %

3

0

0

1

0

8

0,37 % 23,08 %

0,00 %

0,00 %

0,00 %

0,00 %

0,12 % 100,00 %

0,00 %

0,00 %

0,98 % 10,26 %

78

2,56 %

27

1,64 % 34,62 %

6

6

1

1

1

0

0

1

0

1

2,05 % 20,00 %

2,05 % 18,75 %

0,34 % 5,88 %

0,34 % 5,56 %

0,34 % 7,69 %

0,00 % 0,00 %

0,00 % 0,00 %

0,34 % 100,00 %

0,00 % 0,00 %

0,34 % 1,28 %

31

14

3

0

2

5

1

1

1

0

2

2

0

0

0

0

0

0

0

0

0

(1) = Cases under examination as of 31.12.1999 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 31.12.1999 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 31.12.1999 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 31.12.1999 for this sector.
(7) = Cases for which the Article 228 procedure of the Treaty has been opened.

30.1.2001

EN

Official Journal of the European Communities

C 30/85

Cases under examination as of 31.12.1999 for which the infringement procedure has been opened, by sector
(graphic)

Figure 2.4.1

353

317

400

350

300

250

200

150

100

50

257

167

138

99 106

31

43

20

22

14

17

16

13

27

3

1

1

1

0

Internal market
Environment
Agriculture

Competition
Telecommunications
Transport
Customs and taxation
Social affairs 
Industry
Consumers

Audiovisual
Fisheries
Budgets
Financial affairs

Energy
Education
Personnel
External relations
Regional  policies

Justice

C 30/86

EN

Official Journal of the European Communities

30.1.2001

Cases under examination as of 31.12.1999 for which a reasoned opinion has been opened, by sector
(graphic)

Figure 2.4.2

165 167

180

160

140

120

100

80

60

040
0

20

0

98

83

67

59 59

24

29

15

12 12

11

3

3

0

0

1

0

8

Industry
Agriculture
Competition
Transport
Environment
Internal market
Consumers
Social affairs 
Telecommunications
Customs and taxation

Audiovisual
Budgets
Fisheries
Financial affairs

Energy
Education
Personnel
External relations
Regional  policies

Justice

30.1.2001

EN

Official Journal of the European Communities

C 30/87

Cases under examination as of 31.12.1999 referred to the Court of Justice, by sector (graphic)

Figure 2.4.3

72

49

80

70

60

50

40

30

20

10

29

23

13

1

37

40

6

6

6

6

1

1

1

0

0

1

0

1

0

Internal market
Environment
Agriculture

Competition
Consumers
Telecommunications
Transport
Customs and taxation
Social affairs 
Industry

Audiovisual
Budgets
Financial affairs
Fisheries

Personnel
External relations
Education
Energy
Regional  policies

Justice

C 30/88

EN

Official Journal of the European Communities

30.1.2001

Cases under examination as of 31.12.1999 for which a procedure ex-Article 228 has been initiated, by sector
(graphic)

Figure 2.4.4

14

16

14

12

10

8

6

4

2

0

5

3

2

0

1

1

1

0

2

2

Environment

Internal market

Agriculture

Industry

Customs and taxation
Social affairs

Transport

Competition
Telecommunications

Consumers

Fisheries

30.1.2001

EN

Official Journal of the European Communities

C 30/89

Table 2.5

Cases closed in 1999

By stage

Total

Non-communication

Except non-
communication

Before sending a letter of formal notice

Before sending a reasoned opinion

Before deciding to bring the case to the
Court of Justice

Before the referral to the Court of Justice

Withdrawal

Before sending the Article 228 formal notice

Before sending the Article 228 reasoned
opinion

Before deciding to bring the Article 228 case
to the Court of Justice

Before the Article 228 referral to the Court
of Justice

Article 228 case withdrawal

763

593

324

111

40

46

12

7

3

1

40,16 %

17

2,23 %

31,21 %

398

52,23 %

746

195

65,55 %

17,14 %

17,05 %

217

28,48 %

107

9,40 %

5,84 %

2,11 %

2,42 %

0,63 %

0,37 %

0,16 %

0,05 %

64

31

26

4

3

2

0

8,40 %

4,07 %

3,41 %

0,52 %

0,39 %

0,26 %

0,00 %

47

9

20

8

4

1

1

4,13 %

0,79 %

1,76 %

0,70 %

0,35 %

0,09 %

0,09 %

Total

1 900

762

1 138

C 30/90

EN

Official Journal of the European Communities

30.1.2001

Figure 2.5.1

Cases closed in 1999, by stage (graphic)

Before sending the Article 228
reasoned opinion

Before deciding to bring the Article 228
case to the Court of Justice

Before sending the Article 228
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 228 referral to the
Court of Justice

Article 228 case withdrawal

Before sending a letter
of formal notice

Before sending a reasoned
opinion

30.1.2001

EN

Official Journal of the European Communities

C 30/91

Figure 2.5.2

Cases of non-communication closed in 1999, by stage (graphic)

Before sending the Article 228
reasoned opinion

Before deciding to bring the Article 228
case to the Court of Justice

Before sending the Article 228
formal notice

Before the Article 228 referral to the
Court of Justice

Withdrawal

Article 228 case 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

C 30/92

EN

Official Journal of the European Communities

30.1.2001

Figure 2.5.3

Cases closed in 1999 except non-communication, by stage (graphic)

Before sending the Article 228
reasoned opinion

Before deciding to bring the Article 228
case to the Court of Justice

Before sending the Article 228
formal notice

Before the Article 228 referral to the
Court of Justice

Withdrawal

Article 228 case 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 sending a letter
of formal notice

Table 2.6

Evolution of the closure decisions

Year

1999

1998

1997

1996

1995

Total of the closure decisions

Closure of an opened infringement
procedure

1 900

1 961

2 112

1 483

1 975

1 138

1 282

1 494

670

1 332

30.1.2001

EN

Official Journal of the European Communities

C 30/93

ANNEX III

INFRINGEMENTS OF TREATIES, REGULATIONS AND DECISIONS

COMMUNITY STAFF

INFRINGEMENT: 1991/2315
MEMBER STATE: SPAIN
TITLE: TRANSFER OF PENSION RIGHTS
LEGAL BASIS: REGULATION 3196BR0259
COURT OF JUSTICE CASE No: C-19967052

INFRINGEMENT: 1993/2297
MEMBER STATE: SPAIN
TITLE: RESIDENCE PERMITS
LEGAL BASIS: PRIVILEGE 165FPRI: PROTOCOL 165FPRO
TERMINATED IN 1999

AGRICULTURE

INFRINGEMENT: 1994/2040
MEMBER STATE: GERMANY
TITLE: APPLICATION OF MILK QUOTAS
LEGAL BASIS: REGULATION 31992R3950; REGULATION 31593R0535
TERMINATED IN 1999

INFRINGEMENT: 1997/2227
MEMBER STATE: SPAIN
TITLE: INCORRECT APPLICATION OF MILK QUOTAS SCHEME
LEGAL BASIS: REGULATION 31992R3950; REGULATION 31993R536
REASONED OPINION SENT: 7.5.1998 SG(1998)D/03614

INFRINGEMENT: 1995/4951
MEMBER STATE: GREECE
TITLE: PROCEDURES AND CHECKS — RAW TOBACCO
LEGAL BASIS: REGULATION 31992R3479; REGULATION 31995R1057
TERMINATED IN 1999

INFRINGEMENT: 1994/4466
MEMBER STATE: FRANCE
TITLE: BARRIERS TO IMPORTS OF SPANISH STRAWBERRIES
LEGAL BASIS: EEC TREATY 157E030
COURT OF JUSTICE CASE No: C-1995/265

INFRINGEMENT: 1995/4430
MEMBER STATE: FRANCE
TITLE: SALE OF SPIRITUOUS BEVERAGES CONTAINING THE WORD ‘WHISKY’
LEGAL BASIS: REGULATION 31989R1576
REASONED OPINION SENT: 2.5.1997 SG(1997)D/3504

INFRINGEMENT: 1997/2034
MEMBER STATE: FRANCE
TITLE: PREMATURE PLANTING OF VINES
LEGAL BASIS: REGULATION 31987R0822; REGULATION 31999R1499
TERMINATED IN 1999

C 30/94

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1995/4751
MEMBER STATE: ITALY
TITLE: REFUSAL TO MARKET FISHERY PRODUCTS — LINGUISTIC REASONS
LEGAL BASIS: EEC TREATY 157E030
TERMINATED IN 1999

INFRINGEMENT: 1997/2228
MEMBER STATE: ITALY
TITLE: INCORRECT APPLICATION OF MILK QUOTAS SCHEME
LEGAL BASIS: REGULATION 31992R3950; REGULATION 31993R0536
REASONED OPINION SENT: 4.5.1998 SG(1998)D/03510

BUDGET

INFRINGEMENT: 1995/2250
MEMBER STATE: BELGIUM
TITLE: STAGGERED PAYMENT OF TRADITIONAL OWN RESOURCES
LEGAL BASIS: REGULATION 31989R1552
TERMINATED IN 1999

INFRINGEMENT: 1995/2126
MEMBER STATE: GERMANY
TITLE: DUTCH BUTTER
LEGAL BASIS: REGULATION 31990R2252
COURT OF JUSTICE CASE No: C-1997/348

INFRINGEMENT: 1996/2102
MEMBER STATE: FRANCE
TITLE: VAT EXEMPTION FOR HOSPITALS
LEGAL BASIS: REGULATION 31983R1553
TERMINATED IN 1999

INFRINGEMENT: 1996/2029
MEMBER STATE: ITALY
TITLE: REGULARISATION OF DUTIES — SAN MARINO
LEGAL BASIS: REGULATION 31989R1552
REASONED OPINION SENT: 20.3.1998 SG(1998)D/02347

INFRINGEMENT: 1997/2154
MEMBER STATE: ITALY
TITLE: ENTRY ERROR
LEGAL BASIS: REGULATION 31989R1552
REASONED OPINION SENT: 15.11.1999 SG(1999)D/09158

COMPETITION

INFRINGEMENT: 1989/0030
MEMBER STATE: BELGIUM
TITLE: AID FOR IDEALSPUN/BEAULIEU
LEGAL BASIS: EC TREATY 197A228; DECISION 31984D0508
COURT OF JUSTICE CASE No: C-1989/375

INFRINGEMENT: 1993/2181
MEMBER STATE: ITALY
TITLE: CUSTOMS AGENTS
LEGAL BASIS: EC TREATY 197A003; EC TREATY 197A010; EC TREATY 197A081; EC TREATY 197A228
COURT OF JUSTICE CASE No: C-1996/035

30.1.2001

EN

Official Journal of the European Communities

C 30/95

INFRINGEMENT: 1999/2196
MEMBER STATE: PORTUGAL
TITLE: FAILURE TO COMPLY WITH THE DECISION ADOPTED IN CASE IV/M. 1616 (ESCH/CHAMPALIMAUD)
LEGAL BASIS: REGULATION 31969E4064
REASONED OPINION SENT: 13.10.1999 SG(1999)D/08112

ECONOMIC AND FINANCIAL AFFAIRS

INFRINGEMENT: 1995/4372
MEMBER STATE: AUSTRIA
TITLE: FREE MOVEMENT OF CAPITAL — RIGHT OF RESIDENCE
LEGAL BASIS: EEC TREATY 157E073; EC TREATY 197A039; EC TREATY 197A043; EC TREATY 197A048; EC
TREATY 197A049; EC TREATY 197A056
REASONED OPINION SENT: 29.5.1998 SG(1998)D/04257

INFRINGEMENT: 1994/5075
MEMBER STATE: BELGIUM
TITLE: FREE MOVEMENT OF CAPITAL — SUBSCRIPTION TO A LOAN DENOMINATED IN DEM
LEGAL BASIS: EEC TREATY 157E073; EC TREATY 197A056; EC TREATY 197A058
COURT OF JUSTICE CASE No: C-1998/478

INFRINGEMENT: 1998/2089
MEMBER STATE: BELGIUM
TITLE: PROCEDURE FOR AUTHORISATION TO EXCEED INVESTMENT THRESHOLDS — ‘DISTRIGAZ’
LEGAL BASIS: EEC TREATY 157E052; EEC TREATY 157E073; EC TREATY 197A043; EC TREATY 197A056
COURT OF JUSTICE CASE No: C-1999/503

INFRINGEMENT: 1998/2090
MEMBER STATE: BELGIUM
TITLE: AUTHORISATION TO EXCEED INVESTMENT THRESHOLDS — ‘SNTC’
LEGAL BASIS: EEC TREATY 157E052; EEC TREATY 157E073; EC TREATY 197A043: EC TREATY 197A056
COURT OF JUSTICE CASE No: C-1999/503

INFRINGEMENT: 1996/2154
MEMBER STATE: SPAIN
TITLE: RESTRICTIONS CONCERNING FOREIGN INVESTMENTS
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A048; EC TREATY 197A056
REASONED OPINION SENT: 16.10.1998 SG(1998)D/8696

INFRINGEMENT: 1998/2289
MEMBER STATE: SPAIN
TITLE: PRIVATISATION — SPECIAL POWERS IN PRIVATISED COMPANIES
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A056
REASONED OPINION SENT: 2.8.1999 SG(1999)D/05965

INFRINGEMENT: 1995/4535
MEMBER STATE: GREECE
TITLE: RESTRICTIONS ON ACQUISITION OF REAL PROPERTY
LEGAL BASIS: EC TREATY 197A049; EC TREATY 197A056
REASONED OPINION SENT: 7.4.1998 SG(1998)D/02935

INFRINGEMENT: 1994/2190
MEMBER STATE: FRANCE
TITLE: ADMISSION OF SECURITIES TO THE CAPITAL MARKET
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A049
TERMINATED IN 1999

C 30/96

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1994/2209
MEMBER STATE: FRANCE
TITLE: AUTHORISATION TO EXCEED INVESTMENT THRESHOLDS — GOLDEN SHARE ELF AQUITAINE
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A056
COURT OF JUSTICE CASE No: C-1999/483

INFRINGEMENT: 1994/2210
MEMBER STATE: ITALY
TITLE: RESTRICTIONS CONCERNING FOREIGN INVESTMENT IN PRIVATISED COMPANIES
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A056
COURT OF JUSTICE CASE No C-1999/058

INFRINGEMENT: 1991/2097
MEMBER STATE: PORTUGAL
TITLE: DISCRIMINATION REGARDING FOREIGN INVESTMENT IN PRIVATISED COMPANIES
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A048; EC TREATY 197A056; EC TREATY 197A294
COURT OF JUSTICE CASE No: C-1998/367

INFRINGEMENT: 1998/2288
MEMBER STATE: UNITED KINGDOM
TITLE: PRIVATISATION — SPECIAL SHARE IN BRITISH AIRPORTS’ AUTHORITY PLC
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A056
REASONED OPINION SENT: 6.8.1999 SG(1999)D/6431

SOCIAL AFFAIRS

INFRINGEMENT: 1998/2281
MEMBER STATE: AUSTRIA
TITLE: LENGTH OF SERVICE IN ANOTHER MEMBER STATE IN THE PUBLIC SECTOR
LEGAL BASIS: EC TREATY 197A039. REGULATION 31968R1612. CASE LAW 61996J0015 AND 61996J0187
REASONED OPINION SENT: 26.1.2000 SG(2000)D/100851

INFRINGEMENT: 1989/0457
MEMBER STATE: BELGIUM
TITLE: FINANCING OF STUDENTS — NATIONALITY DISCRIMINATION
LEGAL BASIS: EC TREATY 197A039; EC TREATY 197A151
COURT OF JUSTICE CASE No: C-1993/047

INFRINGEMENT: 1996/4041
MEMBER STATE: BELGIUM
TITLE: MEDICAL AUTHORISATION FOR RESIDENCE IN ANOTHER MEMBER STATE
LEGAL BASIS: REGULATION 31971R1408
TERMINATED IN 1999

INFRINGEMENT: 1998/2057
MEMBER STATE: BELGIUM
TITLE: FRONTIER WORKERS: REDUCED FARES FOR LARGE FAMILIES
LEGAL BASIS: EC TREATY 197A043; REGULATION 31968R1612
TERMINATED IN 1999

INFRINGEMENT: 1994/4125
MEMBER STATE: GERMANY
TITLE: FAMILY ALLOWANCES AND RESIDENCE CARDS
LEGAL BASIS: REGULATION 31968R1612; CASE LAW 61900J1696; 61975J0048; 61989J0357; 61994J0245
REASONED OPINION SENT: 23.5.1997 SG(1997)D/03956

30.1.2001

EN

Official Journal of the European Communities

C 30/97

INFRINGEMENT: 1995/4670
MEMBER STATE: GERMANY
TITLE: REFUSAL TO MAKE WELFARE PAYMENTS
LEGAL BASIS: REGULATION 31968R1612; CASE LAW 61985J0139; 61985J0316
REASONED OPINION SENT: 23.6.1998 SG(1998)D/05016

INFRINGEMENT: 1997/4182
MEMBER STATE: GERMANY
TITLE: CONTRIBUTION TO KUNSTLERSOZIALVERSICHERUNG
LEGAL BASIS: EEC TREATY 157E051; EEC TREATY 157E052; EEC TREATY 157E059; REGULATION 31971R1408
COURT OF JUSTICE CASE No: C-1999/068

INFRINGEMENT: 1998/2301
MEMBER STATE: GERMANY
TITLE: LENGTH OF SERVICE IN ANOTHER MEMBER STATE IN THE PUBLIC SECTOR
LEGAL BASIS: EC TREATY 197A039; REGULATION 31968R1612; CASE LAW 62996J0015; 61996J0187
REASONED OPINION SENT: 10.8.1999 SG(1999)D/6515

INFRINGEMENT: 1996/4516
MEMBER STATE: DENMARK
TITLE: FRONTIER WORKERS: RESTRICTION ON USE OF CAR
LEGAL BASIS: EC TREATY 197A039; EC TREATY 197A049; CASE LAW 61936J0127; 61993J0415
REASONED OPINION SENT: 18.5.1998 SG(1998)D/03884

INFRINGEMENT: 1998/4395
MEMBER STATE: DENMARK
TITLE: DETERMINATION OF THE LEGISLATION APPLICABLE
LEGAL BASIS: EC TREATY 197A042; REGULATION 11971R1408
REASONED OPINION SENT: 5.3.1999 SG(1999)D/1628

INFRINGEMENT: 1996/4628
MEMBER STATE: SPAIN
TITLE: ACCESS TO PUBLIC SECTOR EMPLOYMENT — NATIONALITY DISCRIMINATION
LEGAL BASIS: EC TREATY 197A039
REASONED OPINION SENT: 17.11.1998 SG(1998)D/09628

INFRINGEMENT: 1998/2059
MEMBER STATE: SPAIN
TITLE: FRONTIER WORKERS; REDUCED FARES FOR LARGE FAMILIES
LEGAL BASIS: EC TREATY 197A043; REGULATION 31968R1612
REASONED OPINION SENT: 28.10.1998 SG(1998)D/09040

INFRINGEMENT: 1991/0583
MEMBER STATE: GREECE
TITLE: ACCESS TO PUBLIC-SECTOR EMPLOYMENT — NATIONALITY DISCRIMINATION
LEGAL BASIS: EC TREATY 197A039; REGULATION 31968R1612; CASE LAW 61994J290
COURT OF JUSTICE CASE No: C-1994/290

INFRINGEMENT: 1992/4760
MEMBER STATE: GREECE
TITLE: NATIONALITY DISCRIMINATION — LARGE-FAMILY STATUS
LEGAL BASIS: EC TREATY: 197A039; 197A043; 197A049 REGULATION 31968R1612; CASE LAW 61975J0032
COURT OF JUSTICE CASE No: C-1996/185

C 30/98

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1993/4403
MEMBER STATE: FRANCE
TITLE: CALCULATION OF SUPPLEMENTARY RETIREMENT BENEFITS FOR FRONTIER WORKERS
LEGAL BASIS: REGULATION 31968R1612; CASE LAW 61996J0057; CASE LAW 61997J0035
COURT OF JUSTICE CASE No: C-1997/035

INFRINGEMENT: 1993/4433
MEMBER STATE: FRANCE
TITLE: SNCF — REDUCTIONS FOR LARGE FAMILIES
LEGAL BASIS: EC TREATY 197A43; REGULATION 31968R1612
TERMINATED IN 1999

INFRINGEMENT: 1995/4801
MEMBER STATE: FRANCE
TITLE: SOCIAL SECURITY: EQUAL TREATMENT IN INTERNATIONAL AGREEMENTS
LEGAL BASIS: REGULATION 31971R1408; CASE LAW 61990J0018; 61993J0058; 61994J010)
TERMINATED IN 1999

INFRINGEMENT: 1997/4332
MEMBER STATE: FRANCE
TITLE: REFUSAL TO GRANT INVALIDITY BENEFITS
LEGAL BASIS: REGULATION 31971R1408
TERMINATED IN 1999

INFRINGEMENT: 1997/4378
MEMBER STATE: FRANCE
TITLE: AGGREGATION OF RETIREMENT PENSION
LEGAL BASIS: EC TREATY 197A039; EC TREATY 197A042; CASE LAW 61992J0031; 61993J0443
REASONED OPINION SENT: 28.1.1999 SG(1999)D/708

INFRINGEMENT: 1996/2208
MEMBER STATE: ITALY
TITLE: DISCRIMINATION AGAINST FOREIGN LANGUAGE ASSISTANTS
LEGAL BASIS: EC TREATY 197A010; EC TREATY 197A039; REGULATION 31968R1612
COURT OF JUSTICE CASE No: C-1999/212

INFRINGEMENT: 1998/2303
MEMBER STATE: IRELAND
TITLE: LENGTH OF SERVICE IN ANOTHER MEMBER STATE IN THE PUBLIC SECTOR
LEGAL BASIS: EC TREATY 197A039; REGULATION 31968R1612; CASE LAW 61996J0015; 61996J0187
REASONED OPINION SENT: 6.8.1989 SG(1999)D/6411

INFRINGEMENT: 1991/0222
MEMBER STATE: LUXEMBOURG
TITLE: ACCESS TO PUBLIC-SECTOR EMPLOYMENT
LEGAL BASIS: EC TREATY 197A039; REGULATION 31968R1612; CASE LAW 61993J047
TERMINATED IN 1999

INFRINGEMENT: 1998/2058
MEMBER STATE: LUXEMBOURG
TITLE: FRONTIER WORKERS; REDUCED FARES FOR LARGE FAMILIES
LEGAL BASIS: EC TREATY 197A043; REGULATION 31968$R1612
TERMINATED IN 1999

INFRINGEMENT: 1998/4579
MEMBER STATE: LUXEMBOURG
TITLE: STATUTORY ENTITLEMENT TO A GUARANTEED MINIMUM INCOME
LEGAL BASIS: REGULATION 31968R1612
REASONED OPINION SENT: 26.1.2000 SG(2000)D/100865

30.1.2001

EN

Official Journal of the European Communities

C 30/99

INFRINGEMENT: 1995/4045
MEMBER STATE: NETHERLANDS
TITLE: PARTICIPATION IN PENSION FUND
LEGAL BASIS: EC TREATY 197A039; REGULATION 31968R1612
TERMINATED IN 1999

INFRINGEMENT: 1998/4014
MEMBER STATE: NETHERLANDS
TITLE: EXPORT OF UNEMPLOYMENT BENEFITS
LEGAL BASIS: EC TREATY 197A042; REGULATION 11971R1408
REASONED OPINION SENT: 10.7.1999 SG(1999)D/05891

INFRINGEMENT: 1993/4738
MEMBER STATE: UNITED KINGDOM
TITLE: EXPULSION OF NON-COMMUNITY SPOUSE OF A COMMUNITY WORKER
LEGAL BASIS: EC TREATY 197A039
REASONED OPINION SENT: 9.6.1998 SG(1998)D/4503

INFRINGEMENT: 1996/2188
MEMBER STATE: SWEDEN
TITLE: REGULATION (EEC) No 2309/93
LEGAL BASIS: REGULATION 11993R2309
TERMINATED IN 1999

INDUSTRY

ENVIRONMENT

INFRINGEMENT: 1997/2165
MEMBER STATE: BELGIUM
TITLE: INCORRECT APPLICATION OF REGULATION (EEC) No 880/92
LEGAL BASIS: REGULATION 31992R0880
TERMINATED IN 1999

INFRINGEMENT: 1999/2106
MEMBER STATE: DENMARK
TITLE: WASTE REPORTS (REGULATION) (EEC) No 259/93
LEGAL BASIS: REGULATION 31993R0259
TERMINATED IN 1999

INFRINGEMENT: 1993/4683
MEMBER STATE: GREECE
TITLE: CITIES — ATHENS
LEGAL BASIS: REGULATION 31982R1626; REGULATION 31997R0338
REASONED OPINION SENT: 6.5.1998 SG(1998)D/03579

INFRINGEMENT: 1996/2151
MEMBER STATE: GREECE
TITLE: FAILURE TO TRANSPOSE REGULATION (EEC) No 1836/93
LEGAL BASIS: REGULATION 31993R1636
TERMINATED IN 1999

C 30/100

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1999/2107
MEMBER STATE: FRANCE
TITLE: WASTE REPORTS (REGULATION) (EEC) No 259/93
LEGAL BASIS: REGULATION 31993R0259
TERMINATED IN 1999

INFRINGEMENT: 1999/2109
MEMBER STATE: IRELAND
TITLE: WASTE REPORTS (REGULATION) (EEC) No 259/93
LEGAL BASIS: REGULATION 31993R0259
REASONED OPINION SENT: 26.1.2000 SG(2000)D/100902

INFRINGEMENT: 1999/2111
MEMBER STATE: NETHERLANDS
TITLE: WASTE REPORTS (REGULATION) (EEC) No 259/93
LEGAL BASIS: REGULATION 31993R0259

INFRINGEMENT: 1996/2153
MEMBER STATE: PORTUGAL
TITLE: INCORRECT APPLICATION OF REGULATION (EEC) No 1836/93
LEGAL BASIS: REGULATION 31993R1836
TERMINATED IN 1999

FISHERIES

INFRINGEMENT: 1990/0248
MEMBER STATE: BELGIUM
TITLE: LICENSING TERMS AND/OR PLAG RIGHTS FOR FISHING VESSELS
LEGAL BASIS: EC TREATY 197A012; 197A043; 197A049; REGULATION 3198R3796; REGULATION
31983R0170
TERMINATED IN 1999

INFRINGEMENT: 1993/2219
MEMBER STATE: DENMARK
TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT 1996
LEGAL BASIS: REGULATION 31983R0170; REGULATION 31987; REGULATION 31989R4047
REASONED OPINION SENT: 24.7.1998 SG(1998)D/06263

INFRINGEMENT: 1992/2256
MEMBER STATE: SPAIN
TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT
LEGAL BASIS: REGULATION 31983R0170; REGULATION 31987R2241; REGULATION 31989R4047
REASONED OPINION SENT: 8.7.1997 SG(1997)D/05307

INFRINGEMENT: 1990/0328
MEMBER STATE: GREECE
TITLE: LICENSING TERMS AND/OR FLAG RIGHTS FOR FISHING VESSELS
LEGAL BASIS: EC TREATY 197A012; 197A039; 197A043; 197A048; 197A228; REGULATION 31983R0170
COURT OF JUSTICE CASE No: C-1996/062

INFRINGEMENT: 1984/0445
MEMBER STATE: FRANCE
TITLE: INCORRECT INSPECTION FOR COMPLIANCE WITH TECHNICAL CONSERVATION MEASURES
LEGAL BASIS: REGULATION 31982R2057; REGULATION 31983R0171
COURT OF JUSTICE CASE No: C-1988/064

30.1.2001

EN

Official Journal of the European Communities

C 30/101

INFRINGEMENT: 1990/0418

MEMBER STATE: FRANCE

TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT — OVERFISHING 1988

LEGAL BASIS: REGULATION 31983R0170; REGULATION 31987R2241; REGULATION 31987R3977

COURT OF JUSTICE CASE No: C-1999/333

INFRINGEMENT: 1992/2258

MEMBER STATE: FRANCE

TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT

LEGAL BASIS: REGULATION 31983R0170; REGULATION 31987R2241; REGULATION 31989R4047

COURT OF JUSTICE CASE No: C-1999/333

INFRINGEMENT: 1998/2257

MEMBER STATE: FRANCE

TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT — OVERFISHING 1995 AND 1996

LEGAL BASIS: REGULATION 31983R2807; REGULATION 31993R2547; REGULATION 31994R3364; REGU-
LATION 31995R3074

REASONED OPINION SENT: 30.9.1999 SG(1999)D/07847

INFRINGEMENT: 1999/2109

MEMBER STATE: PORTUGAL

TITLE: LICENSING TERMS AND/OR FLAG RIGHTS FOR FISHING VESSELS

LEGAL BASIS: EC TREATY 197A043

REASONED OPINION SENT: 30.10.1998 SG(1998)D/09144

INFRINGEMENT: 1987/0398

MEMBER STATE: UNITED KINGDOM

TITLE: OVERFISHING 1985-86

LEGAL BASIS: REGULATION 31982R2057; REGULATION 31983R0170; REGULATION 31985R3721; REGU-
LATION 31985R3732

COURT OF JUSTICE CASE No: C-1999/454

INFRINGEMENT: 1991/0637

MEMBER STATE: UNITED KINGDOM

TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT — OVERFISHING 1988

LEGAL BASIS: REGULATION 31983R0170; REGULATION 31987R2241; REGULATION 31987R3977; REGU-
LATION 31988R4194

COURT OF JUSTICE CASE No: C-1999/454

INFRINGEMENT: 1992/4211

MEMBER STATE: UNITED KINGDOM

TITLE: GRANT OF FISHING QUOTAS IN 1992

LEAD DEPARTMENT: FISH

LEGAL BASIS: EC TREATY 197A012; EC TREATY 197A043; EC TREATY 197A228; REGULATION 31983R0173

REASONED OPINION SENT: 14.1.1998 SG(1998)D/00277

INFRINGEMENT: 1998/2259

MEMBER STATE: UNITED KINGDOM

TITLE: FAILURE TO DISCHARGE OBLIGATION TO INSPECT — OVERFISHING 1995 AND 1996

LEGAL BASIS: REGULATION 31983R2807; REGULATION 31993R2847; REGULATION 31994R3362; REGU-
LATION 31995R3074

REASONED OPINION SENT: 26.8.1999 SG(1999)D/07048

C 30/102

EN

Official Journal of the European Communities

30.1.2001

TELECOMMUNICATIONS

INFRINGEMENT: 1998/2363
MEMBER STATE: GREECE
TITLE: FAILURE TO COMPLY WITH THE DECISION ON A SINGLE EUROPEAN EMERGENCY CALL NUMBER
LEAD DEPARTMENT: INSO
LEGAL BASIS: DECISION 31991D0396
REASONED OPINION SENT: 11.8.1999 SG(1999)D/6602

JUSTICE AND HOME AFFAIRS

INFRINGEMENT: 1996/2033
MEMBER STATE: FINLAND
TITLE: ACCESS TO CERTAIN AREAS OF FINNISH TERRITORY AUTHORISATION REQUIRED FOR FOREIGNERS
LEGAL BASIS: EC TREATY 197A012; EC TREATY 197A018
REASONED OPINION SENT: 30.12.1998 SG(1998)D/12494

INTERNAL MARKET

INFRINGEMENT: 1995/2153
MEMBER STATE: AUSTRIA
TITLE: MANUFACTURED TOBACCO MONOPOLY
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A031
REASONED OPINION SENT: 21.5.1997 SG(1997)D/00000

INFRINGEMENT: 1995/4763
MEMBER STATE: AUSTRIA
TITLE: BAN ON PARALLEL IMPORTS OF FESTICIDES
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 24.1.2000 SG(2000)D/100730

INFRINGEMENT: 1996/4150
MEMBER STATE: AUSTRIA
TITLE: DISCRIMINATION IN PAYMENT OF WAGES AND SALARIES
LEGAL BASIS: EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1996/4270
MEMBER STATE: AUSTRIA
TITLE: IMPORTATION OF SAUSAGE (SALAMI)
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

INFRINGEMENT: 1997/4893
MEMBER STATE: AUSTRIA
TITLE: FREE MOVEMENT OF VITAMIN PRODUCTS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 3.9.1999 SG(1999)D/07175

INFRINGEMENT: 1998/4293
MEMBER STATE: AUSTRIA
TITLE: FREEDOM OF ESTABLISHMENT FOR MEDICAL SPECIALISTS
LEGAL BASIS: EC TREATY 197A039; EC TREATY 197A043
REASONED OPINION SENT: 27.12.1999 SG(1999)D/10867

30.1.2001

EN

Official Journal of the European Communities

C 30/103

INFRINGEMENT: 1998/4739
MEMBER STATE: AUSTRIA
TITLE: PROHIBITION OF HEALTH INDICATIONS ON FOODSTUFFS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 9.11.1999 SG(1999)D/08897

INFRINGEMENT: 1998/5128
MEMBER STATE: AUSTRIA
TITLE: IMPORTATION OF MEDICINES
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 12.10.1999 SG(99)D/08409

INFRINGEMENT: 1998/5130
MEMBER STATE: AUSTRIA
TITLE: RULES CONCERNING ROAD SIGNS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 24.1.2000 SG(2000)D/100732

INFRINGEMENT: 1989/5019
MEMBER STATE: BELGIUM
TITLE: FREEDOM TO PROVIDE SERVICES AND FREE MOVEMENT OF GOODS
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 23.3.1998 SG(1998)D/02369

INFRINGEMENT: 1990/2171
MEMBER STATE: BELGIUM
TITLE: PAYMENT OF BAD-WEATHER AND LOYALTY STAMPS
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 23.1.1998 SG(1998)D/02365

INFRINGEMENT: 1991/2245
MEMBER STATE: BELGIUM
TITLE: USE OF MICROLIGHT AIRCRAFT
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A029; EC TREATY 197A030
TERMINATED IN 1999

INFRINGEMENT: 1993/4042
MEMBER STATE: BELGIUM
TITLE: INDEMNITIES AND CONTRIBUTIONS FOR FREEDOM TO PROVIDE CONSTRUCTION SERVICES
LEGAL BASIS: EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1993/4136
MEMBER STATE: BELGIUM
TITLE: AERIAL PHOTOGRAPHY — FREEDOM TO PROVIDE SERVICES
LEGAL BASIS: EC TREATY 197A049
COURT OF JUSTICE CASE No: C-1998/203

INFRINGEMENT: 1994/4878
MEMBER STATE: BELGIUM
TITLE: NON PROFIT ASSOCIATIONS ACT — OBLIGATION TO HAVE AT LEAST ONE BELGIAN MEMBER
LEGAL BASIS: EEC TREATY 157E057
COURT OF JUSTICE CASE No: C-1998/272

INFRINGEMENT: 1995/2037
MEMBER STATE: BELGIUM
TITLE: LABELLING OF FOODSTUFFS
LEGAL BASIS: EC TREATY 197A028
COURT OF JUSTICE CASE No: C-1999/217

C 30/104

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1995/2105
MEMBER STATE: BELGIUM
TITLE: RESTRICTIONS ON PRIVATE SECURITY FIRMS
LEGAL BASIS: EC TREATY 197A039; EC TREATY 197A043, EC TREATY 197A049
COURT OF JUSTICE CASE No: C-1998/355

INFRINGEMENT: 1995/4302
MEMBER STATE: BELGIUM
TITLE: REFUSAL TO ENTER IN THE ORDER OF ARCHITECTS AT LIEGE
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A042
REASONED OPINION SENT: 29.4.1999 SG(1999)D/02584 (REV.)

INFRINGEMENT: 1995/4687
MEMBER STATE: BELGIUM
TITLE: NON-COMMUNITY WORKERS: REGISTRATION AS A FIRE
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 9.9.1998 SG(1999)D/07562

INFRINGEMENT: 1996/2248
MEMBER STATE: BELGIUM
TITLE: DISCRIMINATORY TAX LEVIED BY BELGIAN ELECTRICITY COMPANY
LEGAL BASIS: EC TREATY 197A012; EC TREATY 197A039; EC TREATY 197A043; EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1996/2249
MEMBER STATE: BELGIUM
TITLE: NON-RATIFICATION OF LATEST VERSIONS OF BERNE AND ROME CONVENTIONS
TERMINATED IN 1999

INFRINGEMENT: 1996/4208
MEMBER STATE: BELGIUM
TITLE: PARALLEL IMPORTS OF PHARMACEUTICAL PRODUCTS
LEGAL BASIS: EC TREATY 197A029
REASONED OPINION SENT: SG(1998)D/12026

INFRINGEMENT: 1998/4137
MEMBER STATE: BELGIUM
TITLE: LOCAL TAX ON SATELLITE DISHES
LOAD DEPARTMENT: MARK
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 26.5.1999 SG(1999)D/03803

INFRINGEMENT: 1998/4703
MEMBER STATE: BELGIUM
TITLE: REGISTRATION OF A COMPANY ON REGISTER OF COMMERCE — NATIONALITY DISCRIMINATION
LEGAL BASIS: EC TREATY 197A043
REASONED OPINION SENT: SG(1999)D/6592

INFRINGEMENT: 1997/4643
MEMBER STATE: GERMANY
TITLE: OBLIGATION TO ESTABLISH A BRANCH IN GERMANY
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: SG(1997)D/09388

30.1.2001

EN

Official Journal of the European Communities

C 30/105

INFRINGEMENT: 1992/4835
MEMBER STATE: GERMANY
TITLE: TAX LEGISLATION APPLYING TO BUSINESS OF TAX ADVISERS
LEGAL BASIS: EC TREATY 197A010; EC TREATY 197A049
REASONED OPINION SENT: SG(1997)D/07776

INFRINGEMENT: 1994/4337
MEMBER STATE: GERMANY
TITLE: PROHIBITION OF ADVERTISING CAMPAIGN FOR CDs
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030; EC TREATY 197A049
REASONED OPINION SENT: 15.10.1998 SG(1998)D/8623

INFRINGEMENT: 1995/4441
MEMBER STATE: GERMANY
TITLE: ACTION BEFORE NATIONAL COURTS — SUM REQUIRED OF NON-ESTABLISHED COMPANIES
LEGAL BASIS: EC TREATY 197A012; EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1995/4563
MEMBER STATE: GERMANY
TITLE: THIRD COUNTRY NATIONALS: RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: SG(1998)D/06915

INFRINGEMENT: 1996/4170
MEMBER STATE: GERMANY
TITLE: BARRIERS TO IMPORTS OF VITAMIN SUPPLEMENTS
LEGAL BASIS: EC TREATY 197A028
COURT OF JUSTICE CASE No: C-1999/387

INFRINGEMENT: 1996/4509
MEMBER STATE: GERMANY
TITLE: TEMPORARY POSTING OF WORKERS IN THE CONTEXT OF A WORKING GROUP
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A049
COURT OF JUSTICE CASE No: C-1999/493

INFRINGEMENT: 1998/2006
MEMBER STATE: GERMANY
TITLE: FREEDOM TO PROVIDE SERVICES AND RIGHT OF ESTABLISHMENT — FOREIGN PATENT AGENTS
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A049
REASONED OPINION SENT: 10.8.1999 SG(1999)D/6527

INFRINGEMENT: 1998/2199
MEMBER STATE: GERMANY
TITLE: AUTHORISATION PROCEDURE FOR FOOD SUPPLEMENTS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 26.5.1999 SG(1999)03827

INFRINGEMENT: 1988/2152
MEMBER STATE: SPAIN
TITLE: OBLIGATION ON NON-RESIDENTS TO USE SPANISH PATENT AGENTS
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1990/0388
MEMBER STATE: SPAIN
TITLE: RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES — TOURIST GUIDES
LEGAL BASIS: EC TREATY 197A010; 197A039; 197A043; 197AO49
COURT OF JUSTICE CASE No: C-1992/375

C 30/106

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1992/5178
MEMBER STATE: SPAIN
TITLE: FOREIGN INVESTMENT IN SPAIN — OBLIGATION TO USE A SPANISH NOTARY
LEGAL BASIS: EC TREATY 197A39; EC TREATY 197A43; EC TREATY 197A49; EC TREATY 197A56
TERMINATED IN 1999

INFRINGEMENT: 1993/2226
MEMBER STATE: SPAIN
TITLE: REGULATION ON CHOCOLATE
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
COURT OF JUSTICE CASE No: C-2000/012

INFRINGEMENT: 1994/4103
MEMBER STATE: SPAIN
TITLE: EXERCISE OF SECURITY ACTIVITIES
LEGAL BASIS: EC TREATY 197A019; EC TREATY 197A043; EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1995/2181
MEMBER STATE: SPAIN
TITLE: CAUTIO JUDICATUM SOLVI AND NATIONALITY DISCRIMINATION
LEGAL BASIS: EC TREATY 197A012; EC TREATY 197A293
REASONED OPINION SENT: SG(1998)D/05483

INFRINGEMENT: 1995/4198
MEMBER STATE: SPAIN
TITLE: REGISTRATION OF A CAR — TECHNICAL INSPECTION
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030; EC TREATY 197A228
TERMINATED IN 1999

INFRINGEMENT: 1995/4849
MEMBER STATE: SPAIN
TITLE: SALE OF LOOSE TEA
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

INFRINGEMENT: 1994/5108
MEMBER STATE: GREECE
TITLE: FOREIGN TITLES IN NAMES OF PRIVATE SCHOOLS
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1995/4580
MEMBER STATE: GREECE
TITLE: PRICES OF MEDICINES
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 23.9.1997 SG(1997)D/07834

INFRINGEMENT: 1998/4609
MEMBER STATE: GREECE
TITLE: BARRIERS TO THE MARKETING OF DIETARY SUPPLEMENTS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 31.8.1998 SG(1998)D/07391

INFRINGEMENT: 1997/2261
MEMBER STATE: GREECE
TITLE: LABELLING OF NON-ALCOHOLIC DRINKG (RECOMMENDED RETAIL PRICE)
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 24.1.2000 SG(1999)D/02845

30.1.2001

EN

Official Journal of the European Communities

C 30/107

INFRINGEMENT: 1998/4581
MEMBER STATE: GREECE
TITLE: LABELLING OF TIEL PACKAGING
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 24.1.2000 SG(2000)D/100738

INFRINGEMENT: 1989/0499
MEMBER STATE: FRANCE
TITLE: RIGHT OF ESTABLISHMENT AND PROVISION OF SERVICES IN OVERSEAS TERRITORIES
LEGAL BASIS: EC TREATY 197A228
TERMINATED IN 1999

INFRINGEMENT: 1986/0432
MEMBER STATE: FRANCE
TITLE: RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES — TOURIST GUIDES
LEGAL BASIS: EC TREATY 197A049; EC TREATY 197A228
TERMINATED IN 1999

INFRINGEMENT: 1991/0555
MEMBER STATE: FRANCE
TITLE: OBLIGATION TO HALLMARK IMPORTED PRODUCTS IN PRECIOUS METAL
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 10.7.1996 SG(1996)D/06266

INFRINGEMENT: 1991/0562
MEMBER STATE: FRANCE
TITLE: RULES ON EDIBLE PASTA
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
TERMINATED IN 1999

INFRINGEMENT: 1993/4438
MEMBER STATE: FRANCE
TITLE: ALCOHOLIC BEVERAGES WITH AN ALCOHOL CONTENT IN EXCESS OF 250 BY VOLUME
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

INFRINGEMENT: 1993/2067
MEMBER STATE: FRANCE
TILTE: ADDITIVES IN FOODSTUFFS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 26.10.1998 SG(1998)D/08993

INFRINGEMENT: 1993/2222
MEMBER STATE: FRANCE
TITLE: PREPARATIONS BASED ON FOIE GRAS
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
COURT OF JUSTICE CASE No: C-1996/184

INFRINGEMENT: 1993/4448
MEMBER STATE: FRANCE
TITLE: AUCTION SALES — MONOPOLY OF AUCTIONEERS
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 10.8.1998 SG(1998)D/06963

INFRINGEMENT: 1994/2082
MEMBER STATE: FRANCE
TITLE: ORGANISATION OF PROFESSION OF LAWYEN
LEGAL BASIS: EC TREATY 197A043
REASONED OPINION SENT: 15.5.1998 SG(1998)D/03845

C 30/108

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1994/2150
MEMBER STATE: FRANCE
TITLE: ENZYMATIC PREPARATIONS IN CERTAIN FOODSTUFFS AND BEVERAGES FOR HUMAN CONSUMPTION
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
REASONED OPINION SENT: 15.5.1998 SG(1998)D/03853

INFRINGEMENT: 1994/2201
MEMBER STATE: FRANCE
TITLE: PUBLIC HEALTH — OBLIGATION TO REGISTER REAGENTS
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A010
COURT OF JUSTICE CASE No: C-1999/059

INFRINGEMENT: 1994/2278
MEMBER STATE: FRANCE
TITLE: ESTABLISHMENT AND PROVISION OF SERVICES IN OVERSEAS TERRITORIES
LEGAL BASIS: DECISIONS 31980D1186; 31986D0283; 31991D0482
TERMINATED IN 1999

INFRINGEMENT: 1994/4226
MEMBER STATE: FRANCE
TITLE: PROHIBITION OF MARKETING THE RECTELLA BARBECUE
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
TERMINATED IN 1999

INFRINGEMENT: 1994/4441
MEMBER STATE: FRANCE
TITLE: UNCOMPTETITIVE PRACTICES — UNDER WATEN WORKS
LEGAL BASIS: EC TREATY 197A039; EC TREATY 197A043; EC TREATY 197A049
COURT OF JUSTICE CASE No: C-1999/452

INFRINGEMENT: 1994/4855
MEMBER STATE: FRANCE
TITLE: INCORRECT APPLICATION OF E´ VIN ACT
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 21.11.1996 SG(1996)D/09951

INFRINGEMENT: 1994/4879
MEMBER STATE: FRANCE
TITLE: RIGHT OF ESTABLISHMENT AS ARMS DEALER
LEGAL BASIS: EC TREATY 197A043
TERMINATED IN 1999

INFRINGEMENT: 1994/5128
MEMBER STATE: FRANCE
TITLE: PROVISION OF SERVICES — MODELLING AGENCIES
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 5.3.1998 SG(1998)D/01925

INFRINGEMENT: 1995/2175
MEMBER STATE: FRANCE
TITLE: RUBBER MATERIALS AND OBJECTS IN CONTACT WITH FOODSTUFFS
LEGAL BASIS: EC TREATY 197A028
COURT OF JUSTICE CASE No: C-1999/230

INFRINGEMENT: 1995/2176
MEMBER STATE: FRANCE
TITLE: TECHNOLOGICAL AUXILIARIES USED IN PREPARING FOODSTUFFS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 27.3.1998 SG(1998)D/02456

30.1.2001

EN

Official Journal of the European Communities

C 30/109

INFRINGEMENT: 1996/4209
MEMBER STATE: FRANCE
TITLE: REFUSAL TO ISSUE INDIVIDUAL AIRWORTHINESS CERTIFICATE FOR A HELICOPTER
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

INFRINGEMENT: 1996/4272
MEMBER STATE: FRANCE
TITLE: BOTTLED CHLORINE
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 30.9.1998 SG(1998)D/08170

INFRINGEMENT: 1996/4812
MEMBER STATE: FRANCE
TITLE: FINANCIAL QUARANTEE FOR OBTAINING AN ADMINISTRATIVE LICENCE
REASONED OPINION SENT: 26.1.2000 SG(2000)D/100916

INFRINGEMENT: 1997/4239
MEMBER STATE: FRANCE
TITLE: SEIZURE OF SPARE PANTS IN TRANSIT: COUNTERFEITING
LEGAL BASIS: EC TREATY 197A028
COURT OF JUSTICE CASE No: C-1999/023

INFRINGEMENT: 1997/4419
MEMBER STATE: FRANCE
TITLE: BARRIERS TO MARKETING OF SWIMMING-POOL TREATMENT PRODUCTS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 23.11.1998 SG5981D/10966

INFRINGEMENT: 1997/4423
MEMBER STATE: FRANCE
TITLE: BARRIERS TO FREEDOM OF ESTABLISHMENT — CIRCUSES
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1998/2003
MEMBER STATE: FRANCE
TITLE: OBSTACLES TO FREEDOM TO PROVIDE SERVICES — FOREIGN PATENT AGENTS
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 24.1.2000 SG(2000)D/100740

INFRINGEMENT: 1998/2011
MEMBER STATE: FRANCE
TITLE: ACTIVITIES OF PERFORMERS AGENTS
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A049
REASONED OPINION SENT: 26.1.2000 SG(2000)D/100908

INFRINGEMENT: 1998/2142
MEMBER STATE: FRANCE
TITLE: FOREIGN TRAINING ORGANISATIONS — REQUIREMENT TO HAVE A DOMICILED REPRESENTATIVE
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 19.7.1998 SG(1999)A/05365

C 30/110

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1998/4032
MEMBER STATE: FRANCE
TITLE: OBSTACLES TO IMPORTATION OF PHARMACEUTICAL PRODUCTS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 26.1.2000 SG(2000)D/100918

INFRINGEMENT: 1998/4588
MEMBER STATE: FRANCE
TITLE: DISCRIMINATION BETWEEN DOMESTIC MARKETS AND OTHER EU STOCK EXCHANGES
REASONED OPINION SENT: 26.10.1998 SG(1999)D/08526

INFRINGEMENT: 1998/4978
MEMBER STATE: FRANCE
TITLE: IMPORTS OF PLANT PROTECTION PRODUCTS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 26.1.2000 SG(2000)D/100920

INFRINGEMENT: 1987/0071
MEMBER STATE: ITALY
TITLE: RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES — TOURIST GUIDES
LEGAL BASIS: EC TREATY 197A049; EC TREATY 197A228
TERMINATED IN 1999

INFRINGEMENT: 1992/2116
MEMBER STATE: ITALY
TITLE: IMPORTS OF OBJECTS OF PRECIOUS METALS
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

INFRINGEMENT: 1993/2300
MEMBER STATE: ITALY
TITLE: RESTRICTIONS ON EXERCISE OF BUSINESS OF ROAD TRAFFIC CONSULTANTS
LEGAL BASIS: EC TREATY 197A012; EC TREATY 197A043; EC TREATY 197A049
COURT OF JUSTICE CASE No: C-1999/263

INFRINGEMENT: 1993/4146
MEMBER STATE: ITALY
TITLE: APPROVAL AND REGISTRATION OF A VENICLE (TOWING DEVICE)
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A228
TERMINATED IN 1999

INFRINGEMENT: 1994/2146
MEMBER STATE: ITALY
TITLE: LEGISLATIVE BARRIERS TO BUSINESS IN CLEANING SERVICES
LEGAL BASIS: EC TREATY 197A049
COURT OF JUSTICE CASE No: C-1998/358

INFRINGEMENT: 1994/4248
MEMBER STATE: ITALY
TITLE: PRICES OF MEDICINES
LEGAL BASIS: EC TREATY 197A078; 197A030; 197A228
REASONED OPINION SENT: 9.9.1998 SG(1998)D/07570

INFRINGEMENT: 1994/4883
MEMBER STATE: ITALY
TITLE: BARRIERS TO IMPORTS OF NON-ALCOHOLIC BEVERAGES
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
REASONED OPINION SENT: 23.9.1997 SG(1997)D/07528

30.1.2001

EN

Official Journal of the European Communities

C 30/111

INFRINGEMENT: 1994/5095
MEMBER STATE: ITALY
TITLE: ITALIAN RULES GOVERNING FAIRS AND EXHIBITIONS
LEGAL BASIS: EC TREATY 197A043; EC TREATY 197A049; EC TREATY 197A228
COURT OF JUSTICE CASE No: C-1999/439

INFRINGEMENT: 1999/2003
MEMBER STATE: ITALY
TITLE: PROVISION OF LAWYER SERVICES — PROHIBITION ON OPENING AN OFFICE
LEGAL BASIS: EC TREATY 197A049; EC TREATY 197A050
COURT OF JUSTICE CASE No: C-1999/145

INFRINGEMENT: 1995/2068
MEMBER STATE: ITALY
TITLE: DISCRIMINATORY RESTRICTIONS — PRIVATE SECURITY SERVICES
LEGAL BASIS: EC TREATY 197A039; 197A043; 197A049
COURT OF JUSTICE CASE No: C-1999/282

INFRINGEMENT: 1995/2314
MEMBER STATE: ITALY
TITLE: CHOCOLATE AND CHOCOLATE PRODUCTS
LEGAL BASIS: EC TREATY 197A028
COURT OF JUSTICE CASE No: C-2000/0014

INFRINGEMENT: 1996/2243
MEMBER STATE: ITALY
TITLE: WEIGHTS AND MEASURES LAN
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

INFRINGEMENT: 1996/2246
MEMBER STATE: ITALY
TITLE: LEGISLATIVE BARRIERS TO BUSINESS AS CUSTOMS AGENTS
LEGAL BASIS: EC TREATY 197A049
COURT OF JUSTICE CASE No: C-1999/264

INFRINGEMENT: 1997/2161
MEMBER STATE: ITALY
TITLE: TEMPORARY EMPLOYMENT AGENCIES
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 26.4.1999 SG(1999)D/02853

INFRINGEMENT: 1997/4114
MEMBER STATE: ITALY
TITLE: DISCRIMINATORY PENALTIES ON A GERMAN CITIZEN
LEGAL BASIS: EC TREATY 197A012; EC TREATY 197A043; EC TREATY 197A049
REASONED OPINION SENT: 2.10.1998 SG(1998)D/08219

INFRINGEMENT: 1997/4579
MEMBER STATE: ITALY
TITLE: BARRIERS TO IMPORTS OF SPECIAL FOODSTUFFS FOR SPORTSMEN
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
REASONED OPINION SENT: 18.12.1998 SG(1998)D/12016

INFRINGEMENT: 1998/4465
MEMBER STATE: ITALY
TITLE: CREDIT COMPANY
LEGAL BASIS: NoNE
REASONED OPINION SENT: 4.5.1999 SG(1999)D/03103

C 30/112

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1998/4589
MEMBER STATE: ITALY
TITLE: DISCRIMINATION BETWEEN DOMESTIC MARKETS AND OTHER EU REGULATED STOCK EXCHANGES
LEGAL BASIS: NONE
REASONED OPINION SENT: 21.10.1999 SG(1999)D/08324

INFRINGEMENT: 1992/2085
MEMBER STATE: IRELAND
TITLE: IMPORTS OF OBJECTS OF PRECIOUS METALS
LEGAL BASIS: EC TREATY 197A028
COURT OF JUSTICE CASE No: C-1999/030

INFRINGEMENT: 1994/4719
MEMBER STATE: IRELAND
TITLE: GAMING AND LOTTERIES ACT 1956
LEGAL BASIS: EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1997/2047
MEMBER STATE: IIRELAND
TITLE: NON-RATIFICATION OF PARIS ACT (1971) (BERNE CONVENTION)
COURT OF JUSTICE CASE No: C-2000/013

INFRINGEMENT: 1992/4468
MEMBER STATE: LUXEMBOURG
TITLE: MONOPOLY ON PLACEMENT OF WORKERS
LEGAL BASIS: EC TREATY 187A049
TERMINATED IN 1999

INFRINGEMENT: 1997/4533
MEMBER STATE: LUXEMBOURG
TITLE: RESIDENCE REQUIREMENT FOR PATENT AGENTS
LEGAL BASIS: EC TREATY 197A43; EC TREATY 197A49
REASONED OPINION SENT: 24.1.2000 SG(2000)D/100863

INFRINGEMENT: 1994/4075
MEMBER STATE: NETHERLANDS
TITLE: IMPORTS OF VITAMIN AND IRON ENRICHED FOODSTUFFS
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
REASONED OPINION SENT: 23.9.1997 SG(1997)D/07824

INFRINGEMENT: 1994/4810
MEMBER STATE: NETHERLANDS
TITLE: BARRIERS TO IMPORTS OF VITAMIN ENRICHED MARGARINE
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030; EC TREATY 197A228
REASONED OPINION SENT: 31.8.1998 SG(1998)D/07377

INFRINGEMENT: 1994/4906
MEMBER STATE: NETHERLANDS
TITLE: OBLIGATION TO HAVE AN ADDRESS FOR SERVICE IN THE NETHERLANDS WHEN APPLYING TO
REGISTER A PATENT
LEGAL BASIS: EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1994/5125
MEMBER STATE: NETHERLANDS
TITLE: BARRIERS TO IMPORTS OF VITAMIN-ENRICHED FOODSTUFFS
LEGAL BASIS: EC TREATY 197A028; EC TREATY 197A030
REASONED OPINION SENT: 23.9.1997 SG(1997)D/07832

30.1.2001

EN

Official Journal of the European Communities

C 30/113

INFRINGEMENT: 1997/2060
MEMBER STATE: NETHERLANDS
TITLE: RULES ON THE ADDITION OF MICRO-FOODS TO FOODSTUFFS
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 31.8.1998 SG(987)D/07383

INFRINGEMENT: 1991/0237
MEMBER STATE: PORTUGAL
TITLE: FREEDOM TO PROVIDE SERVICES — TOURIST GUIDES
LEGAL BASIS: EC TREATY 197A039; EC TREATY 197A043; EC TREATY 197A049
TERMINATED IN 1999

INFRINGEMENT: 1996/2245
MEMBER STATE: PORTUGAL
TITLE: AERIAL PHOTOGRAPHY — NATIONALITY DISCRIMINATION
LEGAL BASIS: EC TREATY 197A012; EC TREATY 197A049
REASONED OPINION SENT: 18.5.1998 SG(1998)D/03880

INFRINGEMENT: 1997/2048
MEMBER STATE: PORTUGAL
TITLE: NON-RATIFICATION OF ROME CONVENTION
TERMINATED IN 1999

INFRINGEMENT: 1998/2038
MEMBER STATE: PORTUGAL
TITLE: OBSTACLES TO FREEDOM TO PROVIDE SERVICES — FOREIGN PATENT AGENTS
LEGAL BASIS: EC TREATY 197A049
REASONED OPINION SENT: 25.8.1999 SG(1999)D/07030

INFRINGEMENT: 1995/4466
MEMBER STATE: SWEDEN
TITLE: IMPORTS OF OIL TANKER-TRUCKS
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

INFRINGEMENT: 1995/4665
MEMBER STATE: SWEDEN
TITLE: BARRIERS TO IMPORTS OF PRESSURE CONTAINERS
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

INFRINGEMENT: 1989/0034
MEMBER STATE: UNITED KINGDOM
TITLE: PATENT LICENCES
LEGAL BASIS: EC TREATY 197A028
TERMINATED IN 1999

CONSUMER HEALTH AND PROTECTION

INFRINGEMENT: 1997/2117
MEMBER STATE: SPAIN
TITLE: BSE RULES
LEGAL BASIS: DECISIONS 31992D0562; 31994D0381; 31994D0382; 31996D0449
REASONED OPINION SENT: 3.2.1998 SG(1998)D/00967

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30.1.2001

STATISTICS

INFRINGEMENT: 1995/2301
MEMBER STATE: SPAIN
TITLE: OBLIGATION TO SUBMIT MONTHLY DATA ON FISHERY PRODUCTS
LEGAL BASIS: REGULATIONS: 31991R1382; 31993R2104
TERMINATED IN 1999

INFRINGEMENT: 1995/2302
MEMBER STATE: SPAIN
TITLE: FAILURE TO COMPLY WITH PROVISIONS ON SENDING STATISTICS
LEGAL BASIS: REGULATION 31991R3880
TERMINATED IN 1999

TAXATION AND CUSTOMS UNION

INFRINGEMENT: 1984/0342
MEMBER STATE: BELGIUM
TITLE: DUTY FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: REGULATION 31968R0950
REASONED OPINION SENT: 25.7.1985 SG(1985)D/9543

INFRINGEMENT: 1997/2203
MEMBER STATE: BELGIUM
TITLE: PLACE OF ACCEPTANCE OF EXPORT DECLARATION
LEGAL BASIS: REGULATION 31992R2913; REGULATION 31993R2454
TERMINATED IN 1999

INFRINGEMENT: 1990/5361
MEMBER STATE: GERMANY
TITLE: TAX DISCRIMINATION — BRITISH INVESTMENT TRUSTS
LEGAL BASIS: EC TREATY 197A049; EC TREATY 197A056
REASONED OPINION SENT: 6.8.1996 SG(1996)D/07318

INFRINGEMENT: 1995/4106
MEMBER STATE: GERMANY
TITLE: LAW ON WASTE
LEGAL BASIS: EC TREATY 197A023; EC TREATY 197A025
REASONED OPINION SENT: 16.8.1999 SG(1999)D/06792

INFRINGEMENT: 1996/4369
MEMBER STATE: GERMANY
TITLE: TAX DISCRIMINATION — NON RESIDENT COMPANIES
LEGAL BASIS: EC TREATY 197A043
REASONED OPINION SENT: 7.9.1999 SG(1999)D/07245

INFRINGEMENT: 1984/0343
MEMBER STATE: DENMARK
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: EEC TREATY 157E009; EEC TREATY 157E028; REGULATION 31968R0950
REASONED OPINION SENT: 25.7.1985 SG(1985)D/9545

INFRINGEMENT: 1990/0078
MEMBER STATE: SPAIN
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: EC TREATY 197A026; REGULATION 31987R2658
REASONED OPINION SENT: 31.12.1992 SG(1992)D/19475

30.1.2001

EN

Official Journal of the European Communities

C 30/115

INFRINGEMENT: 1986/0126
MEMBER STATE: GREECE
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: EC TREATY 197A023; EC TREATY 197A026; REGULATION 31968R0950
REASONED OPINION SENT: 2.5.1990 SG(1990)D/21649

INFRINGEMENT: 1991/0779
MEMBER STATE: GREECE
TITLE: TAXATION OF SECONDHAND CARS
LEGAL BASIS: EC TREATY 197A090
COURT OF JUSTICE CASE No: C-1995/375

INFRINGEMENT: 1994/4113
MEMBER STATE: GREECE
TITLE: PAYMENT OF PURCHASE TAX
LEGAL BASIS: EC TREATY 197A012
REASONED OPINION SENT: 26.8.1999 SG(1999)D/07044

INFRINGEMENT: 1992/5125
MEMBER STATE: FRANCE
TITLE: DISCRIMINATORY TAXATION ON CARS
LEGAL BASIS: EC TREATY 197A090
COURT OF JUSTICE CASE No: C-1999/265

INFRINGEMENT: 1995/2238
MEMBER STATE: FRANCE
TITLE: CUSTOMS AGENTS
LEGAL BASIS: REGULATION 31992R2913
REASONED OPINION SENT: 3.12.1997 SG(1997)D/10073

INFRINGEMENT: 1997/4487
MEMBER STATE: FRANCE
TITLE: TAXES ON IMPORTED HIGH-POWER CARS
LEGAL BASIS: EC TREATY 197A090
COURT OF JUSTICE CASE No: C-1999/265

INFRINGEMENT: 1984/0345
MEMBER STATE: ITALY
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: EC TREATY 197A026; EC TREATY 197A286; REGULATION 31968R0950
REASONED OPINION SENT: 25.7.1985 SG(1985)D/9549

INFRINGEMENT: 1995/2166
MEMBER STATE: ITALY
TITLE: REPAYMENT OF TAXES WRONGLY CHARGED — RESTRICTIONS IMPOSED BY NATIONAL LAW
LEGAL BASIS: CASE LAW: 61962J0199; 61994J0125
REASONED OPINION SENT: 17.9.1997 SG(1997)D/07696
INFRINGEMENT: 1989/0335
MEMBER STATE: IRELAND
TITLE: TOBACCO PRICING
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 12.7.1990 SG(1990)D/24400

INFRINGEMENT: 1998/2315
MEMBER STATE: IRELAND
TITLE: EXCISE DUTIES — DIFFERENTIAL TAXATION OF WINE AND BEER
LEGAL BASIS: EC TREATY 197A090
REASONED OPINION SENT: 25.8.1999 SG(1999)D/07026

C 30/116

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30.1.2001

INFRINGEMENT: 1984/0346
MEMBER STATE: LUXEMBOURG
TITLE: DUTY FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: REGULATION 31968R0950
REASONED OPINION SENT: 25.7.1985 SG(1985)D/9551

INFRINGEMENT: 1984/0347
MEMBER STATE: NETHERLANDS
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: REGULATION 31968R0950
REASONED OPINION SENT: 25.7.1985 SG(1985)D/9553

INFRINGEMENT: 1990/0079
MEMBER STATE: PORTUGAL
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: EC TREATY 197A026; REGULATION 31987R2658
REASONED OPINION SENT: 20.1.1993 SG(1993)D/00940

INFRINGEMENT: 1996/2244
MEMBER STATE: PORTUGAL
TITLE: TAXATION OF SECOND-HAND VEHICLES
LEGAL BASIS: EC TREATY 197A028
REASONED OPINION SENT: 9.11.1999 SG(1999)D/08917

INFRINGEMENT: 1996/4748
MEMBER STATE: PORTUGAL
TITLE: MOTOR VEHICLE TAX DISCRIMINATION
LEGAL BASIS: EC TREATY 197A090
REASONED OPINION SENT: 8.2.1999 SG(1999)D/1100

INFRINGEMENT: 1998/2331
MEMBER STATE: SWEDEN
TITLE: SIMPLIFIED PROCEDURE — DECLARATION FOR RELEASE FOR FREE CIRCULATION
LEGAL BASIS: REGULATION 31992R2913; REGULATION 31993R2454
REASONED OPINION SENT: 3.12.1999 SG(1999)D/09798

INFRINGEMENT: 1984/0126
MEMBER STATE: UNITED KINGDOM
TITLE: CIVIL AIRCRAFT IMPORTED DUTY FREE AND SUBSQUENTLY USED AS MILITARY AIRCRAFT
LEGAL BASIS: REGULATION 31977R1535
REASONED OPINION SENT: 6.6.1985 SG(1985)D/6932

INFRINGEMENT: 1984/0344
MEMBER STATE: UNITED KINGDOM
TITLE: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
LEGAL BASIS: EEC TREATY 157E009; EEC TREATY 157E028; REGULATION 31968R0950
REASONED OPINION SENT: 25.7.1985 SG(1985)D/9547

TRANSPORT

INFRINGEMENT: 1990/0354
MEMBER STATE: BELGIUM
TITLE: COMMERCIAL VESSELS — FLAG RIGHTS
LEGAL BASIS: EC TREATY 197A48
TERMINATED IN 1999

30.1.2001

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Official Journal of the European Communities

C 30/117

INFRINGEMENT: 1997/4583
MEMBER STATE: BELGIUM
TITLE: ROAD TRANSPORT — SOCIAL PROVISIONS
LEGAL BASIS: EC TREATY 197A12; REGULATION 31985R3820; REGULATION 31985R3821
REASONED OPINION SENT: 27.10.1999 SG(1999)D/08572

INFRINGEMENT: 1996/2073
MEMBER STATE: GERMANY
TITLE: CONCLUSION OF OPEN SKIES AGREEMENTS WITH THE UNITED STATES
LEGAL BASIS: REGULATIONS 31989R2299; 31992R2407; 31992R2408; 31992R2409
COURT OF JUSTICE CASE No: C-1998/476

INFRINGEMENT: 1996/2163
MEMBER STATE: SPAIN
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
LEGAL BASIS: REGULATION 31992R2408
REASONED OPINION SENT: 14.12.1998 SG(1998)D/11702

INFRINGEMENT: 1998/2181
MEMBER STATE: SPAIN
TITLE: CARRIAGE OF GOODS BY ROAD — INCORRECT APPLICATION OF REGULATION (EEC) No 881/92
LEGAL BASIS: REGULATION 31992R881
REASONED OPINION SENT: 2.11.1989 SG(1999)D/08921

INFRINGEMENT: 1990/0356
MEMBER STATE: GREECE
TITLE: COMMERCIAL VESSELS — FLAG RIGHTS
LEGAL BASIS: EC TREATY 197A48
COURT OF JUSTICE CASE No: C-1996/062

INFRINGEMENT: 1993/4037
MEMBER STATE: GREECE
TITLE: AIRPORT TAKES
LEGAL BASIS: EC TREATY 197A49; REGULATION 31992R2498
REASONED OPINION SENT: 11.6.1998 SG(1998)D/04595

INFRINGEMENT: 1997/2147
MEMBER STATE: GREECE
TITLE: ROAD TRANSPORT — SOCIAL FIELD
LEGAL BASIS: EC TREATY 197A10, REGULATION 31985R3820
REASONED OPINION SENT: 4.11.1999 SG(1999)D/8743

INFRINGEMENT: 1998/4654
MEMBER STATE: GREECE
TITLE: MARITIME TRANSPORT — RESTRICTED FREEDOM TO PROVIDE SERVICES (REGULATION (EEC) No
4055/86)
LEGAL BASIS: REGULATION 31986R4055, REGULATION 31992R3577
REASONED OPINION SENT: 11.8.1999 SG(1999)D/8600

INFRINGEMENT: 1995/2198
MEMBER STATE: FRANCE
TITLE: CABOTAGE
LEGAL BASIS: REGULATION 31992R3577
COURT OF JUSTICE CASE No: C-1999/160

INFRINGEMENT: 1998/2168
MEMBER STATE: FRANCE
TITLE: GRANT OF FLAG RIGHTS
LEGAL BASIS: EC TREATY 197A43
COURT OF JUSTICE CASE No: C-2000/004

C 30/118

EN

Official Journal of the European Communities

30.1.2001

INFRINGEMENT: 1996/2162
MEMBER STATE: ITALY
TITLE: DISCRIMINATION AIR DEPARTURE TAXES
LEGAL BASIS: REGULATION 31992R2408
COURT OF JUSTICE CASE No: C-1999/447

INFRINGEMENT: 1997/4482
MEMBER STATE: ITALY
TITLE: TAX ON EMBARKATION AND DISEMBARKATION OF PASSENGERS
LEGAL BASIS: REGULATION 31986R4055
REASONED OPINION SENT: 14.12.1998 SG(1998)D/11696

INFRINGEMENT: 1990/0357
MEMBER STATE: IRELAND
TITLE: COMMERCIAL VESSELS — FLAG RIGHTS
TERMINATED IN 1999

INFRINGEMENT: 1996/2161
MEMBER STATE: IRELAND
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
LEGAL BASIS: REGULATION 31992R2408
COURT OF JUSTICE CASE No: C-1999/139

INFRINGEMENT: 1990/0358
MEMBER STATE: NETHERLANDS
TITLE: COMMERCIAL VESSELS — FLAG RIGHTS
LEGAL BASIS: EC TREATY 197A48
REASONED OPINION SENT: 10.6.1993 SG(1993)D/10930

INFRINGEMENT: 1996/2165
MEMBER STATE: NETHERLANDS
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
LEGAL BASIS: REGULATION 31992R2408
REASONED OPINION SENT: 14.12.1998 SG(1998)D/11690

INFRINGEMENT: 1996/2164
MEMBER STATE: PORTUGAL
TITLE: DISCRIMINATORY AIR DEPARTURE TAXES
LEGAL BASIS: REGULATION 31992R2408
COURT OF JUSTICE CASE No: C-1999/070

INFRINGEMENT: 1994/4653
MEMBER STATE: UNITED KINGDOM
TITLE: NEW PASSENGER TAX
LEGAL BASIS: EC TREATY: 197A12; 197A49; REGULATION 31992R2408
REASONED OPINION SENT: 23.6.1998 SG(1998)D/05024

INFRINGEMENT: 1995/2125
MEMBER STATE: UNITED KINGDOM
TITLE: CONCLUSION OF OPEN SKIES AGREEMENT WITH THE UNITED STATES
LEGAL BASIS: REGULATION 31992R2407
COURT OF JUSTICE CASE No: C-1998/466

30.1.2001

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Official Journal of the European Communities

C 30/119

ANNEX IV

PROGRESS IN IMPLEMENTING DIRECTIVES

NB: This Annex lists all directives in respect of which there were problems of non-notification, non-conformity or
incorrect application during 1999 and shows the state of infringement proceedings started by the Commission
against Member States as at 31 December 1999.

‘Non-notification’ 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 NON-NOTIFICATION OF NATIONAL MEASURES IMPLEMEN-
TING DIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AGRICULTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Veterinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plant health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seeds and plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Feedingstuffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INDUSTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Coordination of legislative activity, new approach, global approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedures for notifying national technical regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chemicals, plastics, rubber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mechanical and electrical engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pressure vessels, medical instruments and metrology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Biotechnology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pharmaceuticals and cosmetics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textiles, leather and clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

COMPETITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telecommunications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

122

122

122

126

128

128

132

132

132

132

134

135

135

136

138

138

140

141

144

144

EMPLOYMENT AND SOCIAL AFFAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

144

TRANSPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land, road and inland waterway transport

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

Land transport, safety and technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rail transport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

147

147

148

148

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30.1.2001

Air transport: safety and social aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

149

Air transport: airport policy, environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150

Sea transport: safety and technical aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150

TELEVISION WITHOUT FRONTIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

153

ENVIRONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

153

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

153

Air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

154

Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

155

Nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

155

Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

155

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

156

Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

157

Radiation protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

158

INFORMATION SOCIETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

158

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

159

Regulated professions (qualifications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

159

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

160

Public procurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

161

Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

162

Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

162

Stock exchanges and securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

162

Payment systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

162

Financial information and company law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

163

Data protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

163

Industrial property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

163

Copyright and related rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

163

ENERGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

164

Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

164

Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

164

Renewable energy and energy efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

164

TAXATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

165

VAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

165

STATISTICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

165

EXTERNAL TRADE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

165

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C 30/121

SUMMARY TABLE ON THE PROGRESS IN NOTIFICATION OF NATIONAL MEASURES
IMPLEMENTING DIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2: INFRINGEMENTS FOR NON-CONFORMITY OF NATIONAL MEASURES IMPLEMEN-
TING THE DIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3: INFRINGEMENTS FOR INCORRECT APPLICATION OF NATIONAL MEASURES
IMPLEMENTING THE DIRECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

166

168

192

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EN

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30.1.2001

PART 1: NOTIFICATION AND NON-NOTIFICATION OF NATIONAL MEASURES IMPLEMENTING

DIRECTIVES

NB: The date indicated is the date of implementation of the decision (date sent) or the date of the decision if it was

not implemented in 1999.

Abbreviations used in this part: LET: Letter of formal notice; RO: Reasoned opinion; SLET: Supplementary letter
of formal notice; SRO: Supplementary reasoned opinion; LET 228 and RO 228: Letter or reasoned opinion for
failure to comply with a judgment of the Court

The numbering of the directives follows the CELEX code.

AGRICULTURE

Veterinary matters

31992L0117

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

France

1995/0505, LET 228 — sent: 19.7.1999

31994L0042

Council Directive 92/117/EEC of 17 December 1992 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

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

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

Italy

1994/0248, termination: 1.7.1999

Italy

1995/0327, termination: 1.7.1999

31993L0118

31995L0029

Council Directive 93/118/EEC of 22 December 1993 amending
Directive 85/73/EEC on the financing of health inspections and
controls of fresh meat and poultrymeat

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,
D, E, FIN, IRL, I, L, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: all

Greece

Spain

Italy

31993L0119

1995/0069, LET 228 — sent: 14.7.1999

1995/0085, termination: 1.7.1999

1995/0135, termination: 1.7.1999

France

1997/0077, referral: 15.6.1999

31995L0068

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: all

Austria

1996/0463, termination: 22.12.1999

31994L0028

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

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: all

United Kingdom

1997/0187, termination: 22.12.1999

31995L0071

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

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Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Belgium

1997/0479, referral: 20.7.1999

Italy

Austria

Portugal

Sweden

1997/0512, termination: 1.7.1999

1997/0521, termination: 22.12.1999

1997/0526, referral: 17.3.1999

1997/0534, termination: 1.7.1999

31996L0022

Council Directive 96/22/EC of 29 April 1996 concerning the
prohibition 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

31996L0090

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

1997/0342, decision to refer: 2.12.1998

1997/0373, referral: 3.5.1999

1997/0430, referral: 17.3.1999

France

Italy

Portugal

31996L0023

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: all

Italy

1997/0379, termination: 1.7.1999

United Kingdom

1997/0475, termination: 22.12.1999

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

31996L0093

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

1997/0343, decision to refer: 2.12.1998

1997/0361, termination: 1.7.1999

1997/0374, referral: 3.5.1999

1997/0431, termination: 22.12.1999

France

Ireland

Italy

Portugal

31996L0043

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: B, DK, F,
I, L, NL, A, P, FIN, S, UK

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, IRL, NL, A, P, FIN, S, UK

France

Ireland

Italy

1998/0132, referral: 21.12.1999

1998/0141, referral: 16.11.1999

1998/0143, referral: 13.10.1999

Luxembourg

1998/0146, referral: 18.11.1999

Austria

Sweden

1998/0153, termination: 1.7.1999

1998/0156, termination: 1.7.1999

Germany

1997/0491, referral: 24.8.1999

31997L0002

Greece

Spain

France

Ireland

1997/0495, referral: 19.4.1999

1997/0498, referral: 4.5.1999

1997/0503, termination: 1.7.1999

1997/0509, referral: 21.5.1999

Council Directive 97/2/EC of 20 January 1997 amending Directive
91/629/EEC laying down minimum standards for the protection of
calves

C 30/124

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30.1.2001

Member States which have notified implementing measures: all

Member States which have notified implementing measures: B, DK,
D, E, F, L, A, P, FIN, S, UK

Austria

1998/0069, termination: 22.12.1999

31997L0012

Council Directive 97/12/EC of 17 March 1997 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: B, DK,
D, I, L, NL, A, P, FIN, S

Denmark

Germany

Greece

France

Ireland

Italy

1999/0115, termination: 22.12.1999

1999/0058, termination: 1.7.1999

1999/0128, decision to refer: 22.12.1999

1999/0003, termination: 1.7.1999

1999/0103, decision to refer: 22.12.1999

1999/0073, decision to refer: 22.12.1999

Netherlands

1999/0045, decision to refer: 22.12.1999

Finland

Sweden

1999/0201, termination: 1.7.1999

1999/0189, termination: 22.12.1999

United Kingdom

1999/0091, termination: 1.7.1999

31997L0022

31997L0078

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, F, IRL, I, L, A, P, FIN, S, UK

France

1997/0626, termination: 1.7.1999

Netherlands

1997/0681, RO — sent: 18.8.1998

31997L0061

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 or live bivalve molluscs

Member States which have notified implementing measures: DK, D,
EL, E, I, L, NL, A, P, FIN, S, UK

Belgium

Germany

Greece

Spain

France

Ireland

1998/0294, referral: 22.12.1999

1998/0318, termination: 1.7.1999

1998/0335, termination: 22.12.1999

1998/0347, termination: 1.7.1999

1998/0360, referral: 22.12.1999

1998/0379, referral: 16.11.1999

Netherlands

1998/0421, termination: 1.7.1999

Council Directive 97/78/EC of 18 December 1997 laying down the
principles governing the organisation of veterinary checks on prod-
ucts entering the Community from third countries

Member States which have notified implementing measures: DK, E, L,
NL, A, S

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

Finland

Sweden

1999/0459, LET — sent: 20.8.1999

1999/0522, LET — sent: 20.8.1999

1999/0482, LET — sent: 20.8.1999

1999/0531, LET — sent: 20.8.1999

1999/0541, LET — sent: 20.8.1999

1999/0435, LET — sent: 20.8.1999

1999/0510, LET — sent: 20.8.1999

1999/0490, LET — sent: 20.8.1999

1999/0449, termination: 22.12.1999

1999/0471, termination: 22.12.1999

1999/0552, LET — sent: 20.8.1999

1999/0587, LET — sent: 20.8.1999

1999/0575, termination: 22.12.1999

United Kingdom

1999/0501, LET — sent: 20.8.1999

31997L0079

71/118/EEC,

Council Directive 97/79/EC of 18 December 1997 amending Direc-
tives
91/492/EEC,
91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organisation
of veterinary checks on products entering the Community from third
countries

72/462/EEC,

85/73/EEC,

31997L0076

Member States which have notified implementing measures: E, L, A,
P, S

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

Belgium

Denmark

Germany

1999/0460, LET — sent: 20.8.1999

1999/0523, LET — sent: 20.8.1999

1999/0483, LET — sent: 20.8.1999

30.1.2001

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C 30/125

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

1999/0532, LET — sent: 20.8.1999

Germany

1999/0486, termination: 22.12.1999

1999/0542, LET — sent: 20.8.1999

1999/0436, LET — sent: 20.8.1999

1999/0511, LET — sent: 20.8.1999

1999/0491, LET — sent: 20.8.1999

1999/0450, termination: 22.12.1999

Greece

Spain

France

Ireland

Italy

1999/0535, LET — sent: 20.8.1999

1999/0545, RO: 22.12.1999

1999/0440, LET — sent: 20.8.1999

1999/0514, termination: 22.12.1999

1999/0495, termination: 22.12.1999

1999/0472, LET — sent: 20.8.1999

Luxembourg

1999/0454, termination: 22.12.1999

1999/0567, termination: 22.12.1999

Netherlands

1999/0476, termination: 22.12.1999

1999/0553, termination: 22.12.1999

1999/0588, LET — sent: 20.8.1999

1999/0576, termination: 22.12.1999

Portugal

Sweden

1999/0557, termination: 22.12.1999

1999/0580, termination: 22.12.1999

United Kingdom

1999/0505, LET — sent: 20.8.1999

United Kingdom

1999/0502, LET — sent: 20.8.1999

31998L0045

31998L0058

Council Directive 98/45/EC of 24 June 1998 amending Directive
91/67/EEC concerning the animal health conditions governing the
placing on the market of aquaculture animals and products

Member States which have notified implementing measures: B, DK,
EL, E, L, NL, A, FIN, UK

Denmark

Germany

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Sweden

1999/0526, LET — sent: 20.8.1999

1999/0485, LET — sent: 20.8.1999

1999/0544, termination: 22.12.1999

1999/0439, LET — sent: 20.8.1999

1999/0513, LET — sent: 20.8.1999

1999/0494, LET — sent: 20.8.1999

1999/0453, termination: 22.12.1999

1999/0475, termination: 22.12.1999

1999/0569, termination: 22.12.1999

1999/0556, LET — sent: 20.8.1999

1999/0579, LET — sent: 20.8.1999

United Kingdom

1999/0504, termination: 22.12.1999

31998L0046

Council Directive 98/46/EC of 24 June 1996 amending Annexes A,
D (Chapter I) and F to Directive 64/432/EEC on health problems
affecting intra-Community trade in bovine animals and swine

Member States which have notified implementing measures: B, DK,
D, IRL, I, L, NL, A, P, FIN, S

Council Directive 98/58/EC of 20 July 1998 concerning the protec-
tion of animals kept for faming purposes

Member States which have notified implementing measures: none

31998L0099

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: B, DK,
D, I, L, A, P, FIN, S

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

1999/0231, LET — sent: 10.5.1999

1999/0282, termination: 22.12.1999

1999/0248, termination: 22.12.1999

1999/0289, LET — sent: 10.5.1999

1999/0299, LET — sent: 10.5.1999

1999/0598, LET — sent: 16.11.1999

1999/0277, LET — sent: 10.5.1999

1999/0259, termination: 22.12.1999

Luxembourg

1999/0225, termination: 22.12.1999

Netherlands

1999/0614, LET — sent: 16.11.1999

Portugal

Finland

Sweden

1999/0311, termination: 22.12.1999

1999/0335, termination: 22.12.1999

1999/0329, termination: 22.12.1999

Belgium

Denmark

1999/0463, termination: 22.12.1999

1999/0527, termination: 22.12.1999

United Kingdom

1999/0268, LET — sent: 10.5.1999

C 30/126

EN

Official Journal of the European Communities

30.1.2001

Plant health

31996L0032

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, A, P, FIN, S, UK

Luxembourg

1997/0390, referral: 18.11.1999

31997L0073

Commission Directive 97/73/EC of 15 December 1997 including an
to Council Directive
active substance (imazalil)
91/414/EEC concerning the placing of plant protection products on
the market (Text with EEA relevance)

in Annex I

Member States which have notified implementing measures: B, DK, F,
IRL,I, L, A, P, FIN,S, UK

Denmark

Germany

Greece

Spain

1999/0521, LET — sent: 20.8.1999, termin-
ation: 22.12.1999

1999/0481, LET — sent: 20.8.1999

1999/0530, LET — sent: 20.8.1999

1999/0540, LET — sent: 20.8.1999

Netherlands

1999/0470, LET — sent: 20.8.1999

Austria

1999/0566, termination: 22.12.1999

31996L0033

31998L0002

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

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, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: all

Luxembourg

1997/0391, referral: 18.11.1999

Austria

1997/0416, referral: 16.6.1999

31997L0041

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: DK, D,
F, IRL, NL, FIN, S, UK

Belgium

Germany

Greece

Spain

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

1999/0028, decision to refer: 22.12.1999

1999/0055, termination: 1.7.1999

1999/0124, decision to refer: 22.12.1999

1999/0141, decision to refer: 22.12.1999

1999/0069, decision to refer: 22.12.1999

1999/0014, decision to refer: 22.12.1999

1999/0040, termination: 22.12.1999

1999/0171, RO — sent: 15.11.1999

1999/0154, decision to refer: 22.12.1999

1999/0199, termination: 22.12.1999

1999/0187, termination: 1.7.1999

United Kingdom

1999/0086, termination: 1.7.1999

Portugal

1998/0257, termination: 1.7.1999

31998L0022

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

Member States which have notified implementing measures: B, DK,
D, E, F, IRL,I, L, NL, A, P, FIN,S, UK

Greece

Spain

France

Italy

Luxembourg

Netherlands

Austria

Portugal

1998/0583, decision to refer: 22.12.1999

1998/0590, termination: 1.7.1999

1998/0534, termination: 1.7.1999

1998/0564, termination: 1.7.1999

1998/0544, RO — sent: 14.7.1999

1998/0551, termination: 1.7.1999

1998/0607, termination: 1.7.1999

1998/0598, termination: 1.7.1999

United Kingdom

1998/0570, termination: 1.7.1999

31998L0047

Commission Directive 98/47/EC of 25 June 1998 including an active
substance (azoxystrobin) in Annex I to Council Directive 91/414/EEC
concerning the placing of plant protection products on the market
(Text with EEA relevance)

30.1.2001

EN

Official Journal of the European Communities

C 30/127

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, L, A, P, FIN, S, UK

Luxembourg

Netherlands

1999/0347, LET — sent: 5.8.1999

1999/0360, termination: 22.12.1999

1999/0230, termination: 1.7.1999

1999/0281, termination: 22.12.1999

1999/0287, LET — sent: 10.5.1999

1999/0275, termination: 22.12.1999

1999/0257, LET — sent: 10.5.1999

1999/0223, termination: 1.7.1999

1999/0238, LET — sent: 10.5.1999

1999/0320, termination: 22.12.1999

1999/0309, termination: 22.12.1999

1999/0333, termination: 22.12.1999

Belgium

Denmark

Greece

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

31998L0057

Council Directive 98/57/EC of 20 July 1998 on the control of
Ralstonia solanacearum (Smith) Yabuuchi et al.

Member States which have notified implementing measures: B, DK,
E, F, IRL, I, P

Germany

Greece

1999/0619, LET — sent: 16.11.1999

1999/0647, LET — sent: 16.11.1999

Luxembourg

1999/0602, LET — sent: 16.11.1999

Portugal

Finland

Sweden

1999/0664, LET — sent: 16.11.1999

1999/0680, LET — sent: 16.11.1999

1999/0675, LET — sent: 16.11.1999

Austria

Portugal

Finland

Sweden

1999/0423, LET — sent: 5.8.1999

1999/0416, LET — sent: 5.8.1999

1999/0432, termination: 22.12.1999

1999/0427, termination: 22.12.1999

United Kingdom

1999/0381, termination: 22.12.1999

31998L0100

Commission Directive 98/100/EC of 21 December 1998 amending
Directive 92/76/EC recognising protected zones exposed to particular
plant health risks in the Community

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, NL, A, P, FIN, S, UK

Germany

1999/0249, termination: 1.7.1999

Greece

Spain

France

1999/0290, LET — sent: 10.5.1999

1999/0300, termination: 1.7.1999

1999/0215, termination: 22.12.1999

Luxembourg

1999/0226, LET — sent: 10.5.1999

Austria

Portugal

Finland

1999/0322, termination: 1.7.1999

1999/0312, LET — sent: 10.5.1999

1999/0336, termination: 22.12.1999

United Kingdom

1999/0269, termination: 22.12.1999

United Kingdom

1999/0632, LET — sent: 16.11.1999

31999L0001

31998L0082

Commission Directive 98/82/EC of 27 October 1998 amending
the Annexes to Council Directives 86/362/EEC, 86/363/EEC and
90/642/EEC on the fixing of maximum levels for pesticide residues
in and on cereals, foodstuffs of animal origin and certain products of
plant origin, including fruit and vegetables respectively

Member States which have notified implementing measures: DK, EL,
E, IRL, I, NL, FIN, S, UK

Belgium

Denmark

Germany

Greece

France

Ireland

Italy

1999/0353, LET — sent: 5.8.1999

1999/0394, termination: 22.12.1999

1999/0366, LET — sent: 5.8.1999

1999/0403, termination: 22.12.1999

1999/0340, LET — sent: 5.8.1999

1999/0390, termination: 22.12.1999

1999/0375, termination: 22.12.1999

Commission, Directive 1999/1/EC of 21 January 1999 including an
active substance (kresoxim-methyl) in Annex I to Council Directive
91/414/EEC concerning the placing of plant protection products on
the market

Member States which have notified implementing measures: B, DK,
E, F, IRL, I, P, FIN, S, UK

Denmark

Germany

Greece

Spain

Italy

Luxembourg

Netherlands

Austria

Portugal

Sweden

1999/0641, LET — sent: 16.11.1999

1999/0621, LET — sent: 16.11.1999

1999/0651, LET — sent: 16.11.1999

1999/0659, LET — sent: 16.11.1999

1999/0629, LET — sent: 16.11.1999

1999/0605, LET — sent: 16.11.1999

1999/0615, LET — sent: 16.11.1999

1999/0672, LET — sent: 16.11.1999

1999/0667, LET — sent: 16.11.1999

1999/0677, LET — sent: 16.11.1999

C 30/128

EN

Official Journal of the European Communities

30.1.2001

Seeds and plants

31998L0056

Member States which have notified implementing measures: all

France

1995/0510, termination: 22.12.1999

Council Directive 98/56/EC of 20 July 1998 on the marketing of
propagating material of ornamental plants

31995L0009

Member States which have notified implementing measures: DK, IRL,
NL, FIN, S, UK

Belgium

Germany

Greece

Spain

France

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

1999/0608, LET — sent: 16.11.1999

1999/0618, LET — sent: 16.11.1999

1999/0646, LET — sent: 16.11.1999

1999/0655, LET — sent: 16.11.1999

1999/0597, LET — sent: 16.11.1999

1999/0625, LET — sent: 16.11.1999

1999/0601, LET — sent: 16.11.1999

1999/0612, LET — sent: 16.11.1999

1999/0669, LET — sent: 16.11.1999

1999/0663, LET — sent: 16.11.1999

1999/0679, LET — sent: 16.11.1999

1999/0674, LET — sent: 16.11.1999

United Kingdom

1999/0631, LET — sent: 16.11.1999

31999L0066

Commission Directive 1999/66/EC of 28 June 1999 setting out
requirements as to the label or other document made out by the
supplier pursuant to Council Directive 98/56/EC

Member States which have notified implementing measures: S

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 (Text with EEA relevance)

Member States which have notified implementing measures: all

France

1995/0517, termination: 22.12.1999

31995L0010

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

Member States which have notified implementing measures: all

France

1995/0518, termination: 22.12.1999

31995L0033

Commission Directive 95/33/EC of 10 July 1995 amending Council
Directive 82/471/EEC concerning certain products used in animal
nutrition

31999L0068

Member States which have notified implementing measures: all

Commission Directive 1999/68/EC of 28 June 1999 setting out
additional provisions for lists of varieties of ornamental plants as kept
by suppliers under Council Directive 98/56/EC

Luxembourg

1996/1017, termination: 1.7.1999

Member States which have notified implementing measures: S

31995L0053

Feedingstuffs

31993L0074

Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs
intended for particular nutritional purposes

Member States which have notified implementing measures: all

France

1995/0501, termination: 1.7.1999

31994L0039

Commission Directive 94/39/EC of 25 July 1994 establishing a list
of intended uses of animal feedingstuffs for particular nutritional
purposes

Council Directive 95/53/EC of 25 October 1995 fixing the principles
governing the organization of official
inspections in the field of
animal nutrition

Member States which have notified implementing measures: B, DK,
D, E, I, L, NL, P, FIN, S, UK

Greece

France

Ireland

Italy

Austria

Portugal

Finland

1998/0187, referral: 1.12.1999

1998/0201, referral: 2.12.1999

1998/0208, referral: 16.11.1999

1998/0216, termination: 1.7.1999

1998/0239, decision to refer: 1.7.1999

1998/0249, termination: 22.12.1999

1998/0259, termination: 1.7.1999

United Kingdom

1998/0273, termination: 22.12.1999

30.1.2001

EN

Official Journal of the European Communities

C 30/129

31995L0069

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: B, DK,
D, E, IRL, I, L, NL, P, FIN, S, UK

1998/0188, referral: 1.12.1999

1998/0202, decision to refer: 1.7.1999,
Referral: 22.12.1999

1998/0217, termination: 1.7.1999

1998/0240, decision to refer: 1.7.1999

1998/0260, termination: 1.7.1999

Greece

France

Italy

Austria

Finland

31996L0024

Council Directive 96/24/EC of 29 April 1996 amending Directive
79/373/EEC on the marketing of compound feedingstuffs

Member States which have notified implementing measures: B, DK,
D, E, I, L, NL, P, FIN, S

Portugal

Finland

Sweden

1998/0440, termination: 22.12.1999

1998/0459, termination: 1.7.1999

1998/0470, termination: 22.12.1999

United Kingdom

1998/0485, decision to refer: 22.12.1999

31996L0051

Council Directive 96/51/EC of 23 July 1996 amending Directive
70/524/EC concerning additives in feedingstuffs

Member States which have notified implementing measures: B, DK,
D, E, NL, FIN, S, UK

Belgium

Greece

France

Ireland

Italy

1998/0164, termination: 1.7.1999

1998/0189, decision to refer: 1.7.1999

1998/0203, decision to refer: 1.7.1999

1998/0210, decision to refer: 1.7.1999

1998/0218, referal: 13.10.1999

Luxembourg

1998/0228, decision to refer: 1.7.1999

Austria

Portugal

Finland

1998/0241, decision to refer: 1.7.1999

1998/0251, termination: 22.12.1999

1998/0261, termination: 22.12.1999

Greece

France

Ireland

Italy

Austria

Portugal

Finland

Sweden

1998/0323, decision to refer: 22.12.1999

1998/0350, decision to refer: 22.12.1999

31997L0008

1998/0365, decision to refer: 22.12.1999

1998/0384, termination: 22.12.1999

1998/0424, RO — sent: 15.11.1999

1998/0439, termination: 22.12.1999

1998/0458, termination: 1.7.1999

1998/0469, termination: 22.12.1999

United Kingdom

1998/0484, decision to refer: 22.12.1999

31996L0025

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

Commission Directive 97/8/EC of 7 February 1997 amending Council
Directive 74/63/EEC on the fixing of maximum permitted levels for
undesirable substances and products in feedingstuffs (Text with EEA
relevance)

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

Belgium

France

Italy

Portugal

1998/0290, termination: 1.7.1999

1998/0356, decision to refer: 22.12.1999

1998/0392, termination: 22.12.1999

1998/0448, termination: 22.12.1999

United Kingdom

1998/0489, termination: 22.12.1999

Member States which have notified implementing measures: B, DK,
D, E, I, L, NL, FIN, S

31997L0047

Greece

France

Ireland

Italy

1998/0324, decision to refer: 22.12.1999

1998/0351, decision to refer: 22.12.1999

1998/0366, decision to refer: 22.12.1999

1998/0385, termination: 22.12.1999

Luxembourg

1998/0402, termination: 1.7.1999

Commission Directive 97/47/EC of 28 July 1997 amending the
Annexes
to Council Directives 77/101/EEC, 79/373/EEC and
91/357/EEC (Text with EEA relevance)

Member States which have notified implementing measures: all

Austria

1998/0425, RO — sent: 15.11.1999

Portugal

1998/0081, termination: 1.7.1999

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31997L0072

31998L0054

Commission Directive 97/72/EC of 15 December 1997 amending
Council Directive 70/524/EEC concerning additives in feedingstuffs
(Text with EEA relevance)

Commission Directive 98/54/EC of 16 July 1998 amending Directives
71/250/EEC, 72/199/EEC, 73/46/EEC and repealing Directive
75/84/EEC (Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, P, FIN, S, UK

Greece

1998/0193, referral: 1.12.1999

Luxembourg

1998/0231, referral: 18.11.1999

Finland

1998/0262, termination: 22.12.1999

31998L0019

Commission Directive 98/19/EC of 18 March 1998 amending
Council Directive 70/524/EEC concerning additives in feedingstuffs
(Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, NL, A, P, FIN, S, UK

Greece

Italy

1998/0339, referral: 1.12.1999

1998/0400, termination: 2.12.1998

Luxembourg

1998/0417, referral: 18.11.1999

Finland

1998/0468, termination: 22.12.1999

Greece

Spain

France

Ireland

1999/0288, termination: 22.12.1999

1999/0298, termination: 22.12.1999

1999/0214, termination: 1.7.1999

1999/0276, termination: 22.12.1999

Luxembourg

1999/0224, termination: 1.7.1999

Austria

Portugal

Finland

Sweden

1999/0321, LET — sent: 10.5.1999

1999/0310, LET — sent: 10.5.1999

1999/0334, termination: 22.12.1999

1999/0328, termination: 22.12.1999

United Kingdom

1999/0267, termination: 22.12.1999

31998L0060

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 (Text with EEA
relevance)

31998L0051

Member States which have notified implementing measures: all

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
(Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, E, IRL, NL, FIN, S, UK

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

1999/0133, decision to refer: 22.12.1999

1999/0146, termination: 1.7.1999

1999/0006, decision to refer: 22.12.1999

1999/0106, termination: 1.7.1999

1999/0077, decision to refer: 22.12.1999

1999/0020, decision to refer: 22.12.1999

1999/0048, termination: 22.12.1999

1999/0178, RO — sent: 15.11.1999

1999/0162, decision to refer: 22.12.1999

Italy

Finland

1998/0516, termination: 22.12.1999

1998/0523, termination: 1.7.1999

31998L0064

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 (Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, P, FIN, S, UK

Belgium

Greece

France

Ireland

Italy

1999/0034, termination: 1.7.1999

1999/0136, termination: 22.12.1999

1999/0009, termination: 1.7.1999

1999/0109, termination: 22.12.1999

1999/0080, termination: 1.7.1999

1999/0203, termination: 22.12.1999

Netherlands

1999/0050, termination: 1.7.1999

United Kingdom

1999/0094, termination: 22.12.1999

Austria

1999/0181, RO — sent: 15.11.1999

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Portugal

Finland

Sweden

1999/0164, termination: 22.12.1999

31998L0087

1999/0206, termination: 22.12.1999

1999/0195, termination: 22.12.1999

United Kingdom

1999/0096, termination: 22.12.1999

31998L0067

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: B, DK,
D, E, I, NL, P, FIN, S

Greece

Spain

France

Ireland

Italy

1999/0137, decision to refer: 22.12.1999

1999/0149, termination: 1.7.1999

1999/0010, decision to refer: 22.12.1999

1999/0110, decision to refer: 22.12.1999

Commission Directive 98/87/EC of 13 November 1998 amending
Directive 79/373/EEC on the marketing of compound feedingstuffs

Member States which have notified implementing measures: B, DK,
D, I, NL, A, P, FIN, S

Belgium

1999/0467, termination: 22.12.1999

Greece

Spain

France

Ireland

Italy

Luxemburg

Netherlands

Portugal

Finland

Sweden

1999/0538, LET — sent: 20.8.1999

1999/0548, LET — sent: 20.8.1999

1999/0445, LET — sent: 20.8.1999

1999/0519, LET — sent: 20.8.1999

1999/0498, termination: 22.12.1999

1999/0455, LET — sent: 20.8.1999

1999/0478, termination: 22.12.1999

1999/0562, termination: 22.12.1999

1999/0593, LET — sent: 20.8.1999

1999/0584, termination: 22.12.1999

1999/0081, termination: 22.12.1999

United Kingdom

1999/0507, LET — sent: 20.8.1999

Luxembourg

1999/0023, decision to refer: 22.12.1999

Austria

Portugal

Finland

Sweden

1999/0182, RO — sent: 15.11.1999

1999/0165, termination: 22.12.1999

1999/0207, termination: 22.12.1999

1999/0196, termination: 22.12.1999

United Kingdom

1999/0097, decision to refer: 22.12.1999

31998L0068

31998L0088

Commission Directive 98/88/EC of 13 November 1998 establishing
guidelines for the microscopic identification and estimation of
constituents of animal origin for the official control of feedingstuffs
(Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, L, NL, P, FIN, S

Greece

1999/0650, LET — sent: 16.11.1999

Commission Directive 98/68/EC of 10 September 1998 laying down
the standard document referred to in Article 9(1) of Council Directive
95/53/EC and certain rules for checks at the introduction into the
Community of feedingstuffs from third countries

31999L0020

Member States which have notified implementing measures: B, DK,
D, E, NL, FIN, S, UK

Germany

1999/0365, LET — sent: 5.8.1999

Greece

France

Ireland

Italy

1999/0402, LET — sent: 5.8.1999

1999/0339, LET — sent: 5.8.1999

1999/0389, LET — sent: 5.8.1999

1999/0374, RO: 22.12.1999

Luxembourg

1999/0346, LET — sent: 5.8.1999

Austria

Portugal

Finland

1999/0422, LET — sent: 5.8.1999

1999/0415, LET — sent: 5.8.1999

1999/0431, termination: 22.12.1999

United Kingdom

1999/0380, termination: 22.12.1999

Council Directive 1999/20/EC of 22 March 1999 amending Direc-
tives 70/524/EEC concerning additives in feedingstuffs, 82/471/EEC
concerning certain products used in animal nutrition, 95/53/EC fixing
the principles governing the organisation of official inspections in the
field of animal nutrition and 95/69/EC laying down the conditions
and arrangements for approving and registering certain establish-
ments and intermediaries operating in the animal feed sector

Member States which have notified implementing measures: B, DK,
D, E, NL, P, FIN, S

31999L0027

Commission Directive 1999/27/EC of 20 April 1999 establishing
Community methods of analysis for the determination of amprolium,
diclazuril and carbadox in feedingstuffs and amending Directives
71/250/EEC, 73/46/EEC and repealing Directive 74/203/EEC

C 30/132

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Official Journal of the European Communities

30.1.2001

Member States which have notified implementing measures: B, D,
IRL, NL, UK

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, NL, P, FIN, S, UK

31999L0061

Luxembourg

1994/0905, decision to refer: 1.7.1999

Austria

1997/0684, RO — sent: 27.5.1999

Commission Directive 99/61/EC of 18 June 1999 amending the
Annexes to Council Directives 79/373/EEC and 96/25/EEC (Text with
EEA relevance)

Procedures for notifying national technical regulations

Member States which have notified implementing measures: B, DK,
D, E, I, S

31998L0048

31999L0076

Commission Directive 1999/76/EC of 23 July 1999 establishing a
Community method of analysis for the determination of lasalocid
sodium in feedingstuffs (Text with EEA relevance)

Member States which have notified implementing measures: B, IRL,
NL, S

31999L0078

Commission Directive 1999/78/EC of 27 July 1999 amending
Directive 95/10/EC (Text with EEA relevance)

Member States which have notified implementing measures: B, I, NL

31999L0079

Commission Directive 1999/79/EC of 27 July 1999 amending the
third Commission Directive 72/199/EEC of 27 April 1972 estab-
lishing Community methods of analysis for the official control of
feedingstuffs (Text with EEA relevance)

Member States which have notified implementing measures: B, IRL,
NL, S

INDUSTRY

Coordination of
approach

31993L0068

legislative activity, new approach, global

31991L0338

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

Directive 98/48/EC of the European Parliament and of the Council of
20 July 1998 amending Directive 98/34/EC laying down a procedure
for the provision of information in the field of technical standards
and regulations

Member States which have notified implementing measures: B, DK,
D, E, F, NL, A, FIN, S, UK

Greece

France

Ireland

Italy

1999/0645, LET — sent: 16.11.1999

1999/0596, LET — sent: 16.11.1999

1999/0635, LET — sent: 16.11.1999

1999/0624, LET — sent: 16.11.1999

Luxembourg

1999/0600, LET — sent: 16.11.1999

Portugal

1999/0662, LET — sent: 16.11.1999

Chemicals, plastic, rubber

31989L0677

Council Directive 89/677/EEC of 21 December 1989 amending for
the eighth 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: all except
Sweden (derogation)

Council Directive 91/338/EEC of 18 June 1991 amending for the
10th 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: all

31993L0015

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

30.1.2001

EN

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C 30/133

Member States which have notified implementing measures: B, DE,
DK, EL, E, IRL, I, L, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: all

France

1994/0449, Referral: 4.9.1998

31996L0065

31993L0018

Commission Directive 93/18/EEC of 5 April 1993 adapting for the
third time to technical progress 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

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
the Member States relating to the classification,
provisions of
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 (Text with EEA
relevance)

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

31993L0069

31997L0010

Commission Directive 93/69/EEC of 23 July 1993 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: all

31993L0112

Commission Directive 93/112/EC of 10 December 1993 amending
Commission Directive 91/155/EEC defining and laying down detailed
arrangements for the system of specific information relating to
dangerous preparations in implementation of Article 10 of Council
Directive 88/379/EEC

Member States which have notified implementing measures: all

31994L0060

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: all

31996L0028

Commission Directive 96/28/EC of 10 May 1996 adapting to
technical progress Council Directive 76/116/EEC on the approxi-
mation of the laws of the Member States relating to fertilisers (Text
with EEA relevance)

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 (Text with EEA relevance)

Member States which have notified implementing measures: all

31997L0016

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: all

31997L0056

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

Member States which have notified implementing measures: DK, DE,
EL, E, F, I, L, A, P, FIN, S

Belgium

Ireland

1999/0029, decision to refer: 22.12.1999

1999/0102, decision to refer: 22.12.1999

Member States which have notified implementing measures: all

Netherlands

1999/0042, decision to refer: 22.12.1999

United Kingdom

1999/0087, decision to refer: 22.12.1999

31996L0055

Commission Directive 96/55/EC of 4 September 1996 adapting to
technical progress for the 2nd 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 (Text with EEA relevance)

31997L0063

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

C 30/134

EN

Official Journal of the European Communities

30.1.2001

Member States which have notified implementing measures: B, DK,
DE, EL, E, L, A, IRL, NL, P, FIN, S, UK

Mechanical and electrical engineering

Italy

1998/0514, RO — sent: 21.5.1999, decision
to refer: 22.12.1999

31984L0528

31997L0064

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) (Text with EEA relevance)

Council Directive 84/528/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to common
provisions for lifting and mechanical handling appliances

Member States which have notified implementing measures: none

This Directive has been replaced by Directive 89/392/EEC

Member States which have notified implementing measures: all

31989L0240

31998L0003

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 fertilizers (Text
with EEA relevance)

Commission Directive 89/240/EEC of 16 December 1988 adapting
to technical progress Council Directive 86/663/EEC on the approxi-
mation of the laws of the Member States relating to self-propelled
industrial trucks

This Directive has been replaced by Directive 89/392/EEC

Member States which have notified implementing measures: B, DE,
DK, E, F, IRL, I, L, NL, A, P, FIN, S, UK

31989L0392

Greece

1999/0131, decision to refer: 22.12.1999

Council Directive 89/392/EEC of 14 June 1989 on the approximation
of the laws of the Member States relating to machinery

31998L0097

Directive 98/97/EC of the European Parliament and of the Council
of 22 December 1998 amending Directive 76/116/EEC on the
approximation of the laws of the Member States relating to fertilisers,
as regards the marketing in Austria, Finland and in Sweden of
fertilisers containing cadmium

Member States which have notified implementing measures: none

This Directive does not need to be transposed. It involves a derogation
for Austria, Finland and Sweden.

31999L0011

Commission Directive 1999/11/EC of 8 March 1999 adapting to
technical progress the principles of good laboratory practice as
specified in Council Directive 87/18/EEC on the harmonisation
of laws, regulations and administrative provisions relating to the
application of the principles of good laboratory practice and the
verification of their applications for tests on chemical substances.

Member States which have notified implementing measures: IRL, FIN,
IT, L

31999L0012

Member States which have notified implementing measures: all

31994L0009

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

Belgium

Ireland

1995/0672, termination: 22.12.1999

1995/0696, termination: 1.7.1999

31994L0026

Commission Directive 94/26/EC of 15 June 1994 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: all

Commission Directive 1999/12/EC of 8 March 1999 adapting to
technical progress for the second time the Annex to Council Directive
88/320/EEC on the inspection and verification of good laboratory
practice (GLP)

31995L0016

Member States which have notified implementing measures: IRL, FIN,
IT, L

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

30.1.2001

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C 30/135

Member States which have notified implementing measures: B, DK,
EL, E, IRL, NL, A, P, FIN, S, UK

31993L0042

France

Italy

1997/0076, referral: 8.6.1999

1997/0098, termination: 13.10.1999

Luxembourg

1997/0108, referral: 8.6.1999

31996L0058

Directive 96/58/EC of the European Parliament and the Council
of 3 September 1996 amending Directive 89/686/EEC on the
approximation of the laws of the Member States relating to personal
protective equipment

Member States which have notified implementing measures: all

Council Directive 93/42/EEC of 14 June 1993 concerning medical
devices

Member States which have notified implementing measures: all

Belgium

1994/0784, termination: 1.7.1999

31997L0023

Directive 97/23/EC of the European Parliament and of the Council of
29 May 1997 on the approximation of the laws of the Member States
concerning pressure equipment

31997L0053

Member States which have notified implementing measures: B, DK,
EL, E, NL, P, FIN, UK

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 (Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Greece

1998/0334, termination: 1.7.1999

31998L0037

Directive 98/37/EC of the European Parliament and of the Council of
22 June 1998 on the approximation of the laws of the Member States
relating to machinery

Member States which have notified implementing measures: B, A

Belgium

Denmark

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

1999/0458, termination: 22.12.1999

1999/0520, termination: 22.12.1999

1999/0479, LET — sent: 20.8.1999

1999/0529, termination: 22.12.1999

1999/0509, LET — sent: 20.8.1999

1999/0489, LET — sent: 20.8.1999

1999/0448, RO: 22.12.1999

1999/0469, termination: 22.12.1999

1999/0564, LET — sent: 20.8.1999

1999/0550, termination: 22.12.1999

1999/0586, termination: 22.12.1999

1999/0574, LET — sent: 20.8.1999

United Kingdom

1999/0500, termination: 22.12.1999

Pressure vessels, medical instruments and metrology

31998L0079

31984L0526

Council Directive 84/526/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to seamless,
unalloyed aluminium and aluminium alloy gas cylinders

Member States which have notified implementing measures: all

31984L0527

Directive 98/79/EC of the European Parliament and of the Council of
27 October 1998 on in vitro diagnostic medical devices

Member States which have notified implementing measures: none

Construction

31989L0106

Council Directive 84/527/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to welded
unalloyed steel gas cylinders

Council Directive 89/106/EEC of 21 December 1988 on the approxi-
mation of laws, regulations and administrative provisions of the
Member States relating to construction products

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

C 30/136

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30.1.2001

Food

31993L0043

Italy

Portugal

1997/0648, termination: 1.7.1999

1997/0702, termination: 13.10.1999

Council Directive 93/43/EEC of 14 June 1993 on the hygiene of
foodstuffs

31996L0011

Member States which have notified implementing measures: B, DK,
D, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Commission Directive 96/11/EC of 5 March 1996 amending Directive
90/128/EEC relating to plastic materials and articles intended to come
into contact with foodstuffs (Text with EEA relevance)

Greece

1996/0049 referral: 4.11.1998

31995L0003

Commission Directive 95/3/EC of 14 February 1995 amending
Directive 90/128/EEC relating to plastic materials and articles Intend-
ed to come into contact with foodstuffs

Member States which have notified implementing measures: all

Portugal

Portugal

1997/0249, termination: 28.7.1999

1999/0301, termination: 13.10.1999

Member States which have notified implementing measures: all

31996L0070

Portugal

1996/0341, termination: 28.7.1999

31996L0004

Commission Directive 96/4/EC, Euratom of 16 February 1996
amending Directive 91/321/EEC on infant formulae and follow-on
formulae (Text with EEA relevance)

Member States which have notified implementing measures: all

Italy

Portugal

1997/0229, termination: 1.7.1999

1997/0248, termination: 22.12.1999

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: all

Belgium

France

Ireland

Italy

Austria

1997/0544, termination: 1.7.1999

1997/0623, termination: 1.7.1999

1997/0637, termination: 1.7.1999

1997/0654, termination: 22.12.1999

1997/0691, termination: 22.12.1999

31996L0005

Commission Directive 96/5/EC, Euratom of 16 February 1996 on
processed cereal-based foods and baby foods for infants and young
children (Text with EEA relevance)

31996L0077

Member States which have notified implementing measures: all

Commission Directive 96/77/EC of 2 December 1996 laying down
specific purity criteria on food additives other than colours and
sweeteners (Text with EEA relevance)

1997/0571, termination: 13.10.1999

1997/0647, termination: 1.7.1999

1997/0701, termination: 13.10.1999

Germany

Italy

Portugal

31996L0008

Commission Directive 96/8/EC of 26 February 1996 on foods
intended for use in energy-restricted diets for weight reduction (Text
with EEA relevance)

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

1997/0364, termination: 1.7.1999

1997/0419, termination: 1.7.1999

1997/0435, termination: 1.7.1999

Ireland

Austria

Portugal

31996L0083

Germany

Ireland

1997/0572, termination: 13.10.1999

1997/0631, termination: 1.7.1999

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

30.1.2001

EN

Official Journal of the European Communities

C 30/137

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

Portugal

1998/0076, termination: 1.7.1999

31996L0084

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, D,
DK, E, EL, F, IRL, L, NL, A, P, FIN, S, UK

1997/0593, termination: 22.12.1999

1997/0608, termination: 1.7.1999

1997/0655, referral: 3.11.1999

1997/0707, termination: 13.10.1999

Greece

Spain

Italy

Portugal

31996L0085

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

Member States which have notified implementing measures: all

Ireland

1997/0365, termination: 22.12.1999

Luxembourg

1997/0394, termination: 1.7.1999

Austria

1997/0421, termination: 1.7.1999

31997L0004

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 foodstuffs

Member States which have notified implementing measures: B, DK,
E, EL, F, NL, A, P, FIN, S, UK

1999/0227, termination: 22.12.1999

1999/0241, LET — sent: 10.5.1999

1999/0292, termination: 22.12.1999

1999/0271, LET — sent: 10.5.1999

1999/0251, LET — sent: 10.5.1999

1999/0314, LET — sent: 10.5.1999

1999/0303, termination: 13.10.1999

Belgium

Germany

Spain

Ireland

Italy

Austria

Portugal

31997L0048

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
(Text with EEA relevance)

1998/0493, termination: 1.7.1999

1998/0501, termination: 1.7.1999

1998/0526, termination: 1.7.1999

1998/0517, termination: 28.7.1999

Belgium

Germany

Greece

Portugal

31997L0060

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

Member States which have notified implementing measures: B, D,
DK, E, EL, F, I, L, NL, A, P, FIN, S, UK

Denmark

Germany

Greece

Spain

Ireland

Italy

1998/0577, termination: 1.7.1999

1998/0555, termination: 1.7.1999

1998/0580, termination: 1.7.1999

1998/0588, termination: 1.7.1999

1998/0573, decision to refer: 22.12.1999

1998/0562, termination: 1.7.1999

Luxembourg

1998/0542, termination: 1.7.1999

Austria

Portugal

1998/0604, termination: 1.7.1999

1998/0595, termination: 1.7.1999

31998L0028

Commission Directive 98/28/EC of 29 April 1998 granting a
derogation from certain provisions of Directive 93/43/EEC on the
hygiene of foodstuffs as regards the transport by sea of bulk raw
sugar (Text with EEA relevance)

Member States which have notified implementing measures: B, D,
DK, E, F, I, L, NL, A, P, FIN, S, UK

Germany

1998/0502, termination: 1.9.1999

Greece

France

Ireland

Italy

1998/0527, RO — sent: 11.8.1999

1998/0499, termination: 22.12.1999

1998/0508, decision to refer: 22.12.1999

1998/0515, termination: 1.7.1999

Luxembourg

1998/0496, termination: 1.7.1999

Austria

Portugal

Finland

1998/0505, termination: 1.7.1999

1998/0519, termination: 22.12.1999

1998/0522, termination: 1.7.1999

United Kingdom

1998/0510, termination: 1.7.1999

C 30/138

EN

Official Journal of the European Communities

30.1.2001

1999/0132, termination: 1.7.1999

31999L0010

31998L0036

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 (Text with EEA relevance)

Member States which have notified implementing measures: D, DK,
E, EL, F, I, L, NL, A, P, FIN, S, UK

Belgium

Germany

Greece

Spain

France

Ireland

Italy

1999/0032, RO: 22.12.1999

1999/0060, termination: 13.10.1999

1999/0145, termination: 13.10.1999

1999/0005, termination: 13.10.1999

1999/0105, decision to refer: 22.12.1999

1999/0076, termination: 1.7.1999

Luxembourg

1999/0019, termination: 1.7.1999

Austria

Portugal

Sweden

1999/0177, termination: 13.10.1999

1999/0161, termination: 13.10.1999

1999/0192, termination: 1.7.1999

United Kingdom

1999/0093, termination: 1.7.1999

31998L0066

Commission Directive 98/66/EC of 4 September 1998 amending
Directive 95/31/EC laying down specific criteria of purity concerning
sweeteners for use in foodstuffs

Member States which have notified implementing measures: B, DK, F,
E, EL, I, L, NL, A, FIN, S, UK

1999/0487, LET — sent: 20.8.1999

1999/0443, termination: 22.12.1999

1999/0517, LET — sent: 20.8.1999

1999/0560, LET — sent: 20.8.1999

1999/0591, termination: 22.12.1999

1999/0582, termination: 22.12.1999

Germany

France

Ireland

Portugal

Finland

Sweden

31998L0086

Greece

Spain

France

Ireland

Italy

Austria

Portugal

Finland

Sweden

1999/0537, LET — sent: 20.8.1999

1999/0547, LET — sent: 20.8.1999

1999/0444, termination: 22.12.1999

1999/0518, LET — sent: 20.8.1999

1999/0497, termination: 22.12.1999

1999/0572, LET — sent: 20.8.1999

1999/0561, LET — sent: 20.8.1999

1999/0592, termination: 22.12.1999

1999/0583, termination: 22.12.1999

Commission Directive 1999/10/EC of 8 March 1999 providing for
derogations from the provisions of Article 7 of Council Directive
79/112/EEC as regards the labelling of foodstuffs (Text with EEA
relevance)

Member States which have notified implementing measures: B, DK,
EL, NL, P, A, FIN, S, UK

1999/0642, LET — sent: 16.11.1999

1999/0652, LET — sent: 16.11.1999

1999/0652, LET — sent: 16.11.1999

1999/0660, LET — sent: 16.11.1999

1999/0599, LET — sent: 16.11.1999

1999/0638, LET — sent: 16.11.1999

1999/0630, LET — sent: 16.11.1999

1999/0606, LET — sent: 16.11.1999

1999/0616, LET — sent: 16.11.1999

1999/0673, LET — sent: 16.11.1999

1999/0668, LET — sent: 16.11.1999

1999/0678, LET — sent: 16.11.1999

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Sweden

Biotechnology

31993L0041

Council Directive 93/41/EEC of 14 June 1993 repealing Directive
87/22/EEC on the approximation of national measures relating to the
placing on the market of high-technology medicinal products,
particularly those derived from biotechnology

Member States which have notified implementing measures: all

Commission Directive 98/86/EC of 11 November 1998 amending
Commission Directive 96/77/EC laying down specific purity criteria
on food additives other than colours and sweeteners

Pharmaceuticals and cosmetics

Member States which have notified implementing measures: B, DK, F,
I, L, NL, FIN, S, UK

31987L0143

Belgium

Germany

1999/0466, termination: 22.12.1999

1999/0488, LET — sent: 20.8.1999

Commission Directive 87/143/EEC of 10 February 1987 amending
the first Directive 80/1335/EEC on the approximation of the laws of
the Member States relating to methods of analysis necessary for
checking the composition of cosmetic products

30.1.2001

EN

Official Journal of the European Communities

C 30/139

Member States which have notified implementing measures: all

31992L0073

31989L0105

Council Directive 89/105/EEC of 21 December 1988 relating to the
transparency of measures regulating the prices of medicinal products
for human use and their inclusion in the scope of national health
insurance systems

Member States which have notified implementing measures: all

Council Directive 92/73/EEC of 22 September 1992 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 medicinal products and laying down additional provisions
on homeopathic medicinal products.

Member States which have notified implementing measures: all

31989L0341

31992L0074

Council Directive 89/341/EEC of 3 May 1989 amending Directives
65/65/EEC, 75/318/EEC and 75/319/EEC on the approximation of
provisions laid down by law, regulation or administrative action
relating to proprietary medicinal products

Member States which have notified implementing measures: all

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

31989L0342

Council Directive 89/342/EEC of 3 May 1989 extending the scope of
Directives 65/65/EEC and 75/319/EEC and laying down additional
provisions for immunological medicinal products consisting of
vaccines, toxins or serums and allergens

Member States which have notified implementing measures: all

31989L0343

Member States which have notified implementing measures: all except
F

France

1994/0177, RO 228 — sent: 19.7.1999

31993L0035

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

Council Directive 89/343/EEC of 3 May 1989 extending the scope of
Directives 65/65/EEC and 75/319/EEC and laying down additional
provisions for radiopharmaceuticals

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, L, I, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: all

France

1995/0500 referral: 7.9.1999

31989L0381

31993L0040

Council Directive 89/381/EEC of 14 June 1989 extending 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 proprietary medicinal products and laying down special
provisions for medicinal products derived from human blood or
human plasma

Member States which have notified implementing measures: all

31991L0507

Commission Directive 91/507/EEC of 19 July 1991 modifying the
Annex to Council Directive 75/318/EEC on the approximation of the
laws of Member States relating to analytical, pharmacotoxicological
and clinical standards and protocols in respect of the testing of
medicinal products

Member States which have notified implementing measures: all

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: all except
F

France

1995/0293, LET 228 — sent: 19.7.1999

31995L0017

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

C 30/140

EN

Official Journal of the European Communities

30.1.2001

Member States which have notified implementing measures: all

31997L0045

France

1996/0100, referral: 4.9.1998

31995L0032

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 (Text with EEA relevance)

Sixth Commission Directive 95/32/EC of 7 July 1995 relating to
methods of analysis necessary for checking the composition of
cosmetic products

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

31998L0016

31996L0041

19th Commission Directive 96/41/EC of 25 June 1996 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 (Text with EEA relevance)

22nd 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 (Text with EEA relevance)

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

31998L0062

31996L0045

Seventh Commission Directive 96/45/EC of 2 July 1996 relating to
methods of analysis necessary for checking the composition of
cosmetic products (Text with EEA relevance)

Member States which have notified implementing measures: all

31997L0001

20th Commission Directive 97/1/EC of 10 January 1997 adapting to
technical progress Annexes II, III, VI and VII of Council Directive
76/768/EEC on the approximation of the laws of the Member States
relating to cosmetic products (Text with EEA relevance)

Member States which have notified implementing measures: all

31997L0018

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 (Text with EEA
relevance)

23rd Commission Directive 98/62/EC of 3 September 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 (Text with EEA relevance)

Member States which have notified implementing measures: D, EL, E,
I, L, NL, A, P, FIN, S, UK

Belgium

Denmark

France

Ireland

1999/0464, RO: 22.12.1999

1999/0528, LET — sent: 20.8.1999

1999/0441, RO: 22.12.1999

1999/0515, LET — sent: 20.8.1999

Textiles, leather and clothing

31996L0073

Directive 96/73/EC of the European Parliament and of the Council of
16 December 1996 on certain methods for the quantitative analysis
of binary textile fibre mixtures

Member States which have notified implementing measures: none

Member States which have notified implementing measures: B, DK,
EL, E, IRL, I, L, NL, P, FIN, UK

31997L0037

Germany

France

Austria

Sweden

1998/0017, RO — sent: 4.9.1998

1998/0040, RO — sent: 4.9.1998

1998/0073, RO — sent: 4.9.1998

1998/0092, RO — sent: 4.9.1998

Commission Directive 97/37/EC of 19 June 1997 adapting to
technical progress Annexes I and II to Directive 96/74/EC of the
European Parliament and of the Council on textile names (Text with
EEA relevance)

30.1.2001

EN

Official Journal of the European Communities

C 30/141

Member States which have notified implementing measures: all

31997L0029

Belgium

Italy

1998/0291, termination: 1.7.1999

1998/0393, termination: 22.12.1999

Luxembourg

1998/0410, termination: 13.10.1999

Commission Directive 97/29/EC of 11 June 1997 adapting to
technical progress Council Directive 76/757/EEC relating to retro-
reflectors for motor vehicles and their trailers (Text with EEA
relevance)

31994L11

Member States which have notified implementing measures: all

Luxembourg

1998/0148, termination: 1.7.1999

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.

31997L0030

Member States which have notified implementing measures: all

Motor vehicles

31997L0024

Commission Directive 97/30/EC of 11 June 1997 adapting to
technical progress Council Directive 76/758/EEC relating to the end-
outline marker lamps, front position (side) lamps, rear position (side)
lamps and stop lamps for motor vehicles and their trailers (Text with
EEA relevance)

Member States which have notified implementing measures: all

Luxembourg

1998/0149, termination: 1.7.1999

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

31997L0031

Member States which have notified implementing measures: B, DK,
D, EL, E, FR, IRL, I, L, A, FIN, S, UK

Germany

Greece

1999/0053, termination: 1.7.1999

1999/0122, termination: 1.7.1999

Commission Directive 97/31/EC of 11 June 1997 adapting to
technical progress Council Directive 76/760/EEC relating to the rear
registration plate lamps for motor vehicles and their trailers (Text
with EEA relevance)

Member States which have notified implementing measures: all

Netherlands

1999/0038, decision to refer: 22.12.1999

Luxembourg

1998/0150, termination: 1.7.1999

Portugal

Sweden

1999/0153, decision to refer: 22.12.1999

1999/0185, termination: 1.7.1999

31997L0032

31997L0027

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

Commission Directive 97/32/EC of 11 June 1997 adapting to
technical progress Council Directive 77/539/EEC relating to reversing
lamps for motor vehicles and their trailers (Text with EEA relevance)

Member States which have notified implementing measures: all

Italy

1998/0144, termination: 2.12.1998

Member States which have notified implementing measures: all

Luxembourg

1998/0151, termination: 1.7.1999

31997L0028

31997L0039

Commission Directive 97/28/EC of 11 June 1997 adapting to
technical progress Council Directive 76/756/EEC relating to the
installation of lighting and light-signalling devices on motor vehicles
and their trailers (Text with EEA relevance)

Commission Directive 97/39/EC of 24 June 1997 adapting to
technical progress Council Directive 75/443/EEC of 26 June 1975
relating to the reverse and speedometer equipment of motor vehicles
(Text with EEA relevance)

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

Luxembourg

1998/0147, termination: 1.7.1999

Luxembourg

1998/0538, termination: 1.7.1999

C 30/142

EN

Official Journal of the European Communities

30.1.2001

31997L0054

31998L0038

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, FR, IRL, IT, L, NL, A, FIN, S, UK

Greece

France

1998/0581, decision to refer: 22.12.1999

1998/0531, termination: 1.7.1999

Netherlands

1999/0041, RO — sent: 10.8.1999

Austria

Portugal

1998/0602, termination: 22.12.1999

1998/0593, decision to refer: 22.12.1999

31998L0012

Commission Directive 98/12/EC of 27 January 1998 adapting to
technical progress Council Directive 71/320/EEC on the approxi-
mation of the laws of the Member States relating to the braking
devices of certain categories of motor vehicles and their trailers (Text
with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, EL, E, FR, IRL, I, L, NL, A, FIN, S, UK

1999/0244, termination: 22.12.1999

1999/0284, termination: 22.12.1999

1999/0316, termination: 22.12.1999

1999/0305, LET — sent: 10.5.1999

Germany

Greece

Austria

Portugal

Sweden

31998L0014

Commission Directive 98/38/EC of 3 June 1998 adapting to technical
progress Council Directive 74/151/EEC on certain components and
characteristics of wheeled agricultural or forestry tractors (Text with
EEA relevance)

Member States which have notified implementing measures: A, E, FR,
IRL, IT, L, NL, A, FIN, S,

31998L0039

Commission Directive 98/39/EC of 5 June 1998 adapting to technical
progress Council Directive 75/321/EEC relating to the steering
equipment of wheeled agricultural or forestry tractors (Text with EEA
relevance)

Member States which have notified implementing measures: DK, D,
EL, E, FR, IRL, I, L, NL, A, FIN, S

Belgium

Denmark

Germany

Greece

Ireland

Italy

1999/0351, LET — sent: 5.8.1999

1999/0392, termination: 22.12.1999

1999/0363, termination: 22.12.1999

1999/0400, termination: 22.12.1999

1999/0387, termination: 22.12.1999

1999/0371, termination: 22.12.1999

Luxembourg

1999/0344, LET — sent: 5.8.1999

Netherlands

1999/0357, termination: 22.12.1999

Austria

Portugal

Finland

1999/0420, termination: 22.12.1999

1999/0412, LET — sent: 5.8.1999

1999/0429, LET — sent: 5.8.1999

1999/0324, LET — sent: 10.5.1999

United Kingdom

1999/0378, LET — sent: 5.8.1999

31998L0040

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 (Text with EEA relevance)

Commission Directive 98/40/EC of 8 June 1998 adapting to technical
progress Council Directive 74/346/EEC relating to rear-view mirrors
for wheeled agricultural or forestry tractors (Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
EL, ESP, F, IRL, IT, L, AUT, FIN, S, UK

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, NL, A, FIN, S

Denmark

Germany

1998/0578, termination: 1.7.1999

1998/0556, RO — sent: 14.7.1999

Netherlands

1998/0550, decision to refer: 22.12.1999

Austria

Portugal

1998/0605, termination: 22.12.1999

1998/0596, decision to refer: 22.12.1999

Belgium

Denmark

Germany

Greece

Ireland

1999/0352, LET — sent: 5.8.1999

1999/0393, termination: 22.12.1999

1999/0364, termination: 22.12.1999

1999/0401, termination: 22.12.1999

1999/0388, termination: 22.12.1999

30.1.2001

EN

Official Journal of the European Communities

C 30/143

1999/0372, termination: 22.12.1999

31998L0090

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

1999/0345, LET — sent: 5.8.1999

1999/0358, termination: 22.12.1999

1999/0421, termination: 22.12.1999

1999/0413, LET — sent: 5.8.1999

1999/0430, LET — sent: 5.8.1999

1999/0426, termination: 22.12.1999

United Kingdom

1999/0379, LET — sent: 5.8.1999

31998L0069

Directive 98/69/EC of the European Parliament and of the Council of
13 October 1998 relating to measures to be taken against air
pollution by emissions from motor vehicles and amending Council
Directive 70/220/EEC

Member States which have notified implementing measures: DK, D,
E, IRL, L, A, FIN, S, UK

31998L0077

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

Commission Directive 98/90/EC of 30 November 1998 adapting to
technical progress Council Directive 70/387/EEC relating to the doors
of motor vehicles and their trailers (Text with EEA relevance)

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, NL, A, S, UK

Belgium

Denmark

Germany

Greece

Spain

Ireland

Italy

1999/0037, decision to refer: 22.12.1999

1999/0120, termination: 1.7.1999

1999/0066, termination: 1.7.1999

1999/0139, LET — sent: 12.3.1999

1999/0151, termination: 1.7.1999

1999/0112, termination: 13.10.1999

1999/0083, termination: 13.10.1999

Luxembourg

1999/0025, decision to refer: 22.12.1999

Netherlands

1999/0052, termination: 22.12.1999

Austria

Portugal

Sweden

1999/0184, termination: 22.12.1999

1999/0167, decision to refer: 22.12.1999

1999/0198, termination: 22.12.1999

United Kingdom

1999/0099, termination: 1.7.1999

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, A, FIN, S, UK

31999L0007

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

1999/0036, decision to refer: 22.12.1999

1999/0119, termination: 1.7.1999

1999/0065, termination: 1.7.1999

1999/0138, termination: 1.7.1999

1999/0150, termination: 1.7.1999

1999/0011, termination: 22.12.1999

1999/0111, termination: 1.7.1999

1999/0082, termination: 13.10.1999

Netherlands

1999/0051, decision to refer: 22.12.1999

Austria

Portugal

1999/0183, termination: 22.12.1999

1999/0166, decision to refer: 22.12.1999

31998L0089

Commission Directive 98/89/EC of 20 November 1998 adapting to
technical progress Council Directive 74/152/EEC relating to the
maximum design speed and load platforms of wheeled agricultural
or forestry tractors (Text with EEA relevance)

Member States which have notified implementing measures: DK, D,
E, F, I, L, A, FIN

Commission Directive 1999/7/EC of 26 January 1999 adapting to
technical progress Council Directive 70/311/EEC relating to the
steering equipment for motor vehicles and their trailers (Text with
EEA relevance)

Member States which have notified implementing measures: DK, D,
E, F, IRL, I, L, NL, A, FIN, S, UK

Belgium

1999/0468, LET — sent: 20.8.1999

Greece

Spain

France

Italy

1999/0539, LET — sent: 20.8.1999

1999/0549, termination: 22.12.1999

1999/0446, termination: 22.12.1999

1999/0499, termination: 22.12.1999

Luxembourg

1999/0456, LET — sent: 20.8.1999

Austria

Portugal

Finland

Sweden

1999/0573, termination: 22.12.1999

1999/0563, LET — sent: 20.8.1999

1999/0594, termination: 22.12.1999

1999/0585, LET — sent: 20.8.1999

United Kingdom

1999/0508, termination: 22.12.1999

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31999L0014

31999L0025

Commission Directive 1999/14/EC of 16 March 1999 adapting to
technical progress Council Directive 77/538/EEC relating to rear fog
lamps for motor vehicles and their trailers (Text with EEA relevance)

Commission Directive 1999/25/EC of 9 April 1999 adapting to
technical progress Council Directive 93/34/EEC on statutory markings
for two- or three-wheel motor vehicles

Member States which have notified implementing measures: DK, D,
E, F, IRL, NL, A, UK

Member States which have notified implementing measures: DK, D,
E, F, IRL, I, NL, A, S, UK

31999L0015

Commission Directive 1999/15/EC of 16 March 1999 adapting to
technical progress Council Directive 76/759/EEC relating to rear fog
lamps for motor vehicles and their trailers (Text with EEA relevance)

Member States which have notified implementing measures: DK, D,
E, F, IRL, NL, A, UK

31999L0016

Commission Directive 1999/16/EEC of 16 March 1999 adapting to
technical progress Council Directive 77/540/EEC relating to parking
lamps for motor vehicles

Member States which have notified implementing measures: DK, D,
E, F, IRL, NL, A, UK

31999L0017

Commission Directive 1999/17/EC of 18 March 1999 adapting to
technical progress Council Directive 76/761/EEC relating to motor
vehicle headlamps which function as main-bearn and/or dipped-
bearn headlamps and to incandescent electric filament lamps for such
headlamps

Member States which have notified implementing measures: DK, D,
E, F, IRL, NL, A, UK

3199L0023

Commission Directive 1999/23/EC of 9 April 1999 adapting to
technical progress Council Directive 93/33/EEC on protective devices
intended to prevent the unauthorised use of two-or three-wheel
motor vehicles

Member States which have notified implementing measures: DK, D,
E, F, IRL, I, NL, A, S, UK

31999L0024

31999L0026

Commission Directive 1999/26/EC of 20 April 1999 adapting to
technical progress Council Directive 93/94/EEC relating to the space
for mounting the rear registration plate of two or three-wheel motor
vehicles (Text with EEA relevance)

Member States which have notified implementing measures: DK, D,
E, F, IRL, I, NL, A, S, UK

COMPETITION

Telecommunications

31996L0002

Commission Directive 96/2/EC of 16 January 1996 amending
Directive 90/388/EEC with regard to mobile and personal communi-
cations

Member States which have notified implementing measures: all

31996L0019

Commission Directive 96/19/EC of 13 March 1996 amending
Directive 90/388/EEC with regard to the implementation of full
competition in telecommunications markets

Member States which have notified implementing measures: all

Portugal

1997/2219, RO — sent: 4.3.1999, termin-
ation: 22.12.1999

EMPLOYMENT AND SOCIAL AFFAIRS

31980L0987

Council Directive 80/987/EEC of 20 October 1980 on the approxi-
mation of the laws of the Member States relating to the protection of
employees in the event of the insolvency of their employer

Member States which have notified implementing measures: all

Commission Directive 1999/24/EC of 9 April 1999 adapting to
technical progress Council Directive 93/32/EEC on passenger hand-
holds on two-wheel motor vehicles

31986L0188

Member States which have notified implementing measures: DK, D,
E, F, IRL, I, NL, A, S, UK

Council Directive 86/188/EEC of 12 May 1986 on the protection of
workers from the risks related to exposure to noise at work

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C 30/145

Member States which have notified implementing measures: all

31991L0382

31986L0378

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

Council Directive 91/382/EEC of 25 June 1991 amending Directive
83/477/EEC on the protection of workers from the risks related to
exposure to asbestos at work (second individual Directive within the
meaning of Article 8 of Directive 80/1107/EEC)

Member States which have notified implementing measures: all

Member States which have notified implementing measures: D, DK,
E, EL, F, IRL, A, NL, P, FIN, S, UK, L

31992L0029

31988L0035

Commission Directive 88/35/EEC of 2 December 1987 adapting to
technical progress Council Directive 82/130/EEC on the approxi-
mation of the laws of the Member States concerning electrical
equipment for use in potentially explosive atmospheres in mines
susceptible to firedamp

Member States which have notified implementing measures: all

Council Directive 92/29/EEC of 31 March 1992 on the minimum
safety and health requirements for improved medical treatment on
board vessels

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, NL, A, P, FIN, S, UK

Luxembourg

1995/0142, RO 228 — sent: 23.7.1999,
second decision to refer: 22.12.1999

31989L0391

31992L0085

Council Directive 89/391/EEC of 12 June 1989 on the introduction
of measures to encourage improvements in the safety and health of
workers at work

Member States which have notified implementing measures: all

Council Directive 92/85/EEC of 19 October 1992 on the introduction
of measures to encourage improvements in the safety and health at
work of pregnant workers and workers who have recently given birth
or are breastfeeding (10th individual Directive within the meaning of
Article 16 (1) of Directive 89/391/EEC)

31989L0654

Council Directive 89/654/EEC of 30 November 1989 concerning the
minimum safety and health requirements for the workplace (first
individual directive within the meaning of Article 16(1) of Directive
89/391/EEC)

Member States which have notified implementing measures: all

31989L0655

Council Directive 89/655/EEC of 30 November 1989 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)

Member States which have notified implementing measures: all

31989L0656

Council Directive 89/656/EEC of 30 November 1989 on the mini-
mum health and safety requirements for the use by workers of
personal protective equipment at the workplace (third individual
directive within the meaning of Article 16 (1) of Directive
89/391/EEC)

Member States which have notified implementing measures: all

Member States which have notified implementing measures: all

31993L0103

Council Directive 93/103/EC of 23 November 1993 concerning the
minimum safety and health requirements for work on board fishing
vessels (13th individual Directive within the meaning of Article 16
(1) of Directive 89/391/EEC)

Member States which have notified implementing measures: all

31993L0104

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: B, DK,
D, EL, IRL, NL, A, P, FIN, S, UK

Greece

France

Italy

Luxembourg

1997/0046, termination: 22.12.1999

1997/0074, decision to refer: 2.12.1998,
referral: 16.2.1999

1997/0095, decision to refer: 24.6.1998,
referral: 26.10.1998

1997/0106, decision to refer: 2.12.1998,
referral: 16.2.1999

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31994L0033

Member States which have notified implementing measures: B, DK,
D, EL, E, F, I, L, NL, A, P, FIN, S, UK

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, I, S, UK

France

Italy

1996/0952, referral: 16.2.1999

1996/0994, termination: 22.12.1999

Belgium

Greece

Ireland

Italy

Portugal

1999/0026, termination: 28.7.1999

1999/0121, termination: 1.7.1999

1999/0100, RO — sent: 18.10.1999

1999/0067, termination: 22.12.1999

1999/0152, termination: 1.7.1999

Luxembourg

1996/1011, referral: 16.2.1999

31996L0034

United Kingdom

1996/1064, termination: 2.12.1998

31994L0045

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, D,
DK, EL, E, F, IRL, L, NL, P, A, FIN, S

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

Italy

1998/0386, decision to refer: 1.7.1999,
referral: 23.11.1999

Portugal

1998/0441, termination: 22.12.1999

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, NL, A, P, FIN, S

Luxembourg

1996/1012, referral: 30.11.1998

Portugal

1996/1039, termination: 22.12.1999

31996L0071

Directive 96/71/EC of the European Parliament and of the Council of
16 December 1996 concerning the posting of workers in the
framework of the provision of services

31995L0030

Member States which have notified implementing measures: E, S, DK,
D

Commission Directive 95/30/EC of 30 June 1995 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)

31996L0094

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, L, NL, P, FIN, S, UK

Italy

Austria

1997/0100, decision to refer: 24.6.1998,
referral: 3.12.1998

1997/0139, decision to refer: 1.7.1999,
referral: 10.12.1999

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 (Text with EEA relevance)

Member States which have notified implementing measures: all

Italy

Austria

1998/0390, termination: 22.12.1999

1998/0427, termination: 22.12.1999

31995L0063

31996L0097

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 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

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Member States which have notified implementing measures: B, DK,
D, E, IRL, I, NL, A, P, FIN, S, UK, L

31997L0075

Greece

France

1997/0320, referral: 15.12.1998

1997/0354, 228 LET: 12.1.2000

Luxembourg

1997/0396, referral: 3.12.1998

Council Directive 97/75/EC of 15 December 1997 amending and
extending to the United Kingdom of Great Britain and Northern
Ireland Directive 96/34/EC on the framework agreement on parental
leave concluded by UNICE, CEEP and the ETUC

Member States which have notified implementing measures: none

31997L0059

31998L0059

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) (Text with EEA relevance)

Council Directive 98/59/EC of 20 July 1998 on the approximation
of the laws of the Member States relating to collective redundancies

Member States which have notified implementing measures: all

United Kingdom

1989/0536, termination: 22.12.1999

Member States which have notified implementing measures: B, D,
DK, E, EL, F, IRL, L, NL, P, FIN, S, UK

31998L0065

Belgium

Italy

1998/0166, termination: 28.7.1999

1998/0221, referral: 16.8.1999

Luxembourg

1998/0230, termination: 13.10.1999

Austria

1998/0244, decision to refer: 22.12.1999

Commission Directive 98/65/EC of 3 September 1998 adapting to
technical progress Council Directive 82/130/EEC on the approxi-
mation of the laws of the Member States concerning electrical
equipment for use in potentially explosive atmospheres in mines
susceptible to firedamp (Text with EEA relevance)

Member States which have notified implementing measures: F

31997L0065

TRANSPORT

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 (Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, EL, E, F, NL, L, A, P, FIN, S, UK

Belgium

Ireland

Italy

1998/0295, termination: 28.7.1999

1998/0397, referral: 16.8.1999

1998/0397, referral: 16.8.1999

Luxembourg

1998/0414, termination: 13.10.1999

Land, road and inland waterway transport

31996L0050

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, P, UK

Italy

1998/0559, decision to refer: 22.12.1999

Netherlands

1998/0236, RO — sent: 10.8.1999

31997L0074

31998L0076

Council Directive 97/74/EC of 15 December 1997 extending to the
United Kingdom of Great Britain and Northern Ireland Directive
94/45/EC on the establishment 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

Council Directive 98/76/EC of 1 October 1998 amending Directive
96/26/EC on admission to the occupation of road haulage operator
and road passenger transport operator and mutual recognition of
diplomas, certificates and other evidence of formal qualifications
intended to facilitate for these operators the right to freedom of
establishment in national and international transport operations

Member States which have notified implementing measures: E, B

Member States which have notified implementing measures: DK, E,
IRL, NL, P, FIN, UK

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Land transport, safety and technology

31999L0047

31991L0439

Council Directive 91/439/EEC of 29 July 1991 on driving licences

Member States which have notified implementing measures: all

France

1996/2216, termination: 1.7.1999

31995L0050

Commission Directive 1999/47/EC of 21 May 1999 adapting for the
second time 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

Member States which have notified implementing measures: B, DK,
D, E, I, NL, A, FIN, UK

Rail transport

31995L0018

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: B, DK,
D, EL, E, F, I, L, NL, A, P, FIN, S, UK

Member States which have notified implementing measures: all

Ireland

1997/0506, referral: 20.9.1999

31996L0035

Belgium

France

Ireland

Italy

1997/0261, termination: 21.4.1999

1997/0339, withdrawal: 9.2.1999

1997/0357, withdrawal: 23.8.1999

1997/0370, withdrawal: 28.7.1999

Luxembourg

1997/0383, withdrawal: 26.8.1999

Council Directive 96/35/EC of 3 June 1996 on the appointment and
vocational qualification of safety advisers for the transport of
dangerous goods by road, rail and inland waterway

31995L0019

Member States which have notified implementing measures: B, DK,
D, E, F, NL, A, UK

Council Directive 95/19/EC of 19 June 1995 on the allocation of
railway infrastructure capacity and the charging of infrastructure fees

31996L0047

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

Greece

1998/0119, termination: 1.7.1999

Member States which have notified implementing measures: all

Belgium

France

Ireland

Italy

1997/0262, termination: 21.4.1999

1997/0340, termination: 21.4.1999

1997/0358, withdrawal: 1.2.1999

1997/0371, withdrawal: 28.7.1999

Luxembourg

1997/0384, withdrawal: 30.9.1999

United Kingdom

1997/0463, termination: 1.7.1999

31996L0053

31996L0048

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

Council Directive 96/48/EC of 23 July 1996 on the interoperability
of the trans-European high-speed rail system

Member States which have notified implementing measures: DK, D, I

Member States which have notified implementing measures: B, DK,
EL, E, F, I, L, NL, A, P, FIN, S, UK

Germany

Ireland

1997/0574, referral: 7.10.1999

1997/0633, referral: 11.1.2000

Belgium

Greece

Spain

France

Ireland

1999/0349, RO: 22.12.1999

1999/0396, RO: 22.12.1999

1999/0405, RO: 22.12.1999

1999/0337, RO: 22.12.1999

1999/0383, RO: 22.12.1999

Netherlands

1997/0673, termination: 21.4.1999

Netherlands

1999/0355, LET — sent: 5.8.1999

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Austria

Portugal

Finland

Sweden

1999/0418, RO: 22.12.1999

1999/0407, RO: 22.12.1999

1999/0428, RO: 22.12.1999

1999/0424, RO: 22.12.1999

United Kingdom

1999/0377, RO: 22.12.1999

31996L0049

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: B, DK,
D, E, F, I, L, NL, A, P, FIN, S, UK*

1999/0397, RO: 22.12.1999

1999/0384, RO: 22.12.1999

1999/0408, RO: 22.12.1999

Greece

Ireland

Portugal

31996L0086

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 (Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, E, F, I, L, NL, A, P, FIN, S, UK

Greece

Ireland

1998/0022, decision to refer: 1.7.1999

1998/0045, decision to refer: 28.7.1999

United Kingdom

1998/0094, termination: 1.7.1999

Ireland

Italy

1998/0212, termination: 21.4.1999

1998/0220, termination: 21.4.1999

31997L0026

Council Directive 97/26/EC of 2 June 1997 amending Directive
91/439/EEC on driving licences

Member States which have notified implementing measures: all

1998/0121, termination: 1.7.1999

1998/0133, termination: 21.4.1999

1998/0142, termination: 22.12.1999

1999/2022, termination: 1.7.1999

1999/2023, termination: 1.7.1999

Greece

France

Ireland

Portugal

Italy

31999L0048

Commission Directive 1999/48/EC of 21 May 1999 adapting for the
second time 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 (Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, E, NL, A, FIN, UK

31993L0065

Council Directive 93/65/EEC of 19 July 1993 on the definition and
use of compatible technical specifications for the procurement of air-
traffic-management equipment and systems

31996L0087

Member States which have notified implementing measures: all

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 (Text with EEA relevance)

Air transport: safety and social aspects

Member States which have notified implementing measures: B, DK,
D, E, F, I, L, NL, A, FIN, S, UK

31994L0056

1999/0398, RO: 22.12.1999,

1999/0385, RO: 22.12.1999,

1999/0409, RO: 22.12.1999,

Greece

Ireland

Portugal

31996L0096

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: all

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: B, DK,
D, E, F, IRL, I, NL, A, P, FIN, S, UK

Belgium

Greece

France

Italy

Luxembourg

Netherlands

1997/0020, termination: 1.7.1999

1997/0047, referral: 21.12.1999

1997/0075, termination: 1.7.1999

1997/0096, termination: 1.7.1999

1997/0107, referral: 19.4.1999

1997/0119, termination: 21.4.1999

Belgium

Greece

1998/0165, termination: 21.4.1999

1998/0191, termination: 13.10.1999

Austria

1997/0136, termination: 22.12.1999

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31997L0015

97/15/CE. Commission Directive 97/15/EC of 25 March 1997
adopting Eurocontrol standards and amending Council Directive
93/65/EEC on the definition and use of compatible technical specifi-
cations for the procurement of air-traffic-management equipment
and systems (Text with EEA relevance).

Member States which have notified implementing measures: B, DK,
EL, E, F, IRL, I, L, NL, P, A, FIN, S, UK

Germany

Greece

Austria

1998/0015, RO: 24.6.1998

1998/0025, termination: 21.4.1999

1998/0071, termination: 1.7.1999

Member States which have notified implementing measures: B, DK, F,
I, NL, FIN, S, UK

Germany

1999/0246, RO — sent: 22.10.1999

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Sweden

1999/0286, RO — sent: 4.11.1999

1999/0295, RO — sent: 21.10.1999

1999/0212, termination: 13.10.1999

1999/0274, RO — sent: 21.10.1999

1999/0255, termination: 22.12.1999

1999/0221, RO — sent: 21.10.1999

1999/0236, termination: 22.12.1999

1999/0318, termination: 13.10.1999

1999/0307, RO — sent: 9.11.1999

1999/0326, termination: 13.10.1999

Air transport: airport policy, environment

United Kingdom

1999/0265, termination: 13.10.1999

31980L0051

31999L0028

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

United Kingdom

1995/2031, termination: 1.7.1999

31996L0067

Commission Directive 1999/28/EC of 21 April 1999 amending the
Annex to Council Directive 92/14/EEC on the limitation of the
operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of
Annex 16 to the Convention on International Civil Aviation, second
edition (1988)

Member States which have notified implementing measures: DK, F, I,
NL, FIN, S, UK

Council Directive 96/67/EC of 15 October 1996 on access to the
groundhandling market at Community airports

Sea transport: safety and technical aspects

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, L, NL, A, P, FIN, UK

31995L0021

Belgium

Greece

Spain

Ireland

Italy

1997/0543, decision to refer: 13.10.1999

1997/0591, termination: 21.4.1999

1997/0606, termination: 13.10.1999

1997/0636, termination: 21.4.1999

1997/0653, termination: 1.7.1999

Luxembourg

1997/0667, termination: 28.7.1999

Portugal

Sweden

1997/0705, withdrawal: 13.9.1999

1997/0740, decision to refer: 28.7.1999

Council Directive 95/21/EC of 19 June 1995 concerning the enforce-
ment, in respect of shipping using Community ports and sailling 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

1996/0997, Judgment: 11.11.1999

31998L0020

31996L0039

Council Directive 98/20/EC of 30 March 1998 amending Directive
92/14/EEC on the limitation of the operation of aeroplanes covered
II, Chapter 2, Volume 1 of Annex 16 to the Convention on
by Part
International Civil Aviation, second edition (1988)

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 (Text with EEA relevance)

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EN

Official Journal of the European Communities

C 30/151

Member States which have notified implementing measures: all except
L

31997L0058

Belgium

1997/0480, termination: 1.7.1999

Luxembourg

1997/2199, RO — sent: 14.12.1998

United Kingdom

1997/0537, termination: 1.7.1999

Portugal

1997/0525, termination: 21.4.1999

31996L0098

Council Directive 96/98/EEC of 20 December 1996 on marine
equipment

Member States which have notified implementing measures: all except
L

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 organisation and for the relevant activities of
maritime administrations (Text with EEA relevance)

Member States which have notified implementing measures: all except
L

Germany

1998/0554, termination: 1.7.1999

Spain

France

1998/0589, termination: 21.4.1999

1998/0532, termination: 1.7.1999

Luxembourg

1998/0541, RO — sent: 23.7.1999

Netherlands

1998/0549, termination: 21.4.1999

Austria

Portugal

1998/0603, termination: 1.7.1999

1998/0594, termination: 21.4.1999

United Kingdom

1998/0568, termination: 13.10.1999

Belgium

Denmark

Spain

Ireland

Italy

1998/0289, termination: 21.4.1999

1998/0300, termination: 1.7.1999

1998/0343, termination: 1.7.1999

1998/0374, termination: 21.4.1999

31997L0070

1998/0391, decision to refer: 1.7.1999

Luxembourg

1998/0408, RO — sent: 4.5.1999

Netherlands

1998/0420, termination: 21.4.1999

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

Austria

Portugal

Finland

Sweden

1998/0428, termination: 13.10.1999

1998/0447, termination: 1.7.1999

1998/0462, termination: 21.4.1999

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL

1998/0475, termination: 13.10.1999

Germany

1999/0057, termination: 1.7.1999

United Kingdom

1998/0488, termination: 13.10.1999

31997L0034

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 (Text with EEA relevance)

Member States which have notified implementing measures: all except
L

Belgium

Italy

1997/0551, termination: 1.7.1999

1997/0661, termination: 1.7.1999

Luxembourg

1997/2199, RO — sent: 14.12.1998

United Kingdom

1997/0761, termination: 1.7.1999

Portugal

1997/0713, termination: 21.4.1999

Spain

France

Italy

1999/0143, termination: 13.10.1999

1999/0002, decision to refer: 22.12.1999

1999/0072, decision to refer: 22.12.1999

Luxembourg

1999/0016, RO — sent: 14.7.1999

Netherlands

1999/0044, decision to refer: 22.12.1999

Austria

Portugal

Finland

Sweden

1999/0175, RO — sent: 30.7.1999

1999/0158, decision to refer: 22.12.1999

1999/0200, RO: 22.12.1999

1999/0188, RO — sent: 21.10.1999

United Kingdom

1999/0090, RO — sent: 2.8.1999

31998L0018

Council Directive 98/18/EC of 17 March 1998 on safety rules and
standards for passenger ships

C 30/152

EN

Official Journal of the European Communities

30.1.2001

Member States which have notified implementing measures: B, D, EL,
E, IRL

31998L0042

Denmark

Germany

Greece

Spain

France

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

1999/0639, LET — sent: 16.11.1999

1999/0245, termination: 22.12.1999

1999/0285, termination: 13.10.1999

1999/0294, termination: 13.10.1999

1999/0211, SLET 22.12.1999

1999/0254, SLET 22.12.1999

1999/0220, RO: 22.12.1999

1999/0235, RO: 22.12.1999

1999/0317, RO: 22.12.1999

1999/0306, SLET 22.12.1999

1999/0331, RO: 22.12.1999

1999/0325, RO: 22.12.1999

United Kingdom

1999/0264, SLET 22.12.1999

31998L0025

Commission Directive 98/25/EC of 27 April 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,
D, EL, E, F, IRL, NL, FIN, S, UK

Italy

1999/0369, RO: 22.12.1999

Netherlands

1999/0356, termination: 13.10.1999

Portugal

1999/0411, LET — sent: 5.8.1999

31998L0041

Council Directive 98/41/EC of 18 June 1998 on the registration of
persons sailing on board passenger ships operating to or from ports
of the Member States of the Community

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, I, FIN, UK

France

Luxembourg

Netherlands

Austria

Portugal

Sweden

1999/0213, RO: 22.12.1999

1999/0222, RO: 22.12.1999

1999/0237, RO: 22.12.1999

1999/0319, LET — sent: 10.5.1999

1999/0308, RO: 22.12.1999

1999/0327, RO: 22.12.1999

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) (Text with EEA relevance)

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, NL, FIN, S, UK

Italy

1999/0373, RO: 22.12.1999

Netherlands

1999/0359, termination: 13.10.1999

Portugal

1999/0414, LET — sent: 5.8.1999

31998L0055

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, DK,
D, EL, E, F, I, IRL, NL, A, FIN, S, UK

Denmark

1999/0117, termination: 1.7.1999

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

1999/0147, termination: 1.7.1999

1999/0007, termination: 1.7.1999

1999/0107, termination: 1.7.1999

1999/0078, termination: 1.7.1999

1999/0021, RO: 22.12.1999

1999/0049, termination: 1.7.1999

1999/0179, termination: 1.7.1999

1999/0163, RO — sent: 23.7.1999

United Kingdom

1999/0095, termination: 13.10.1999

31998L0074

Commission Directive 98/74/EC of 1 October 1998 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: B, DK,
D, E, F, IRL, I, NL, S

31998L0085

Commission Directive 98/85/EC of 11 November 1998 amending
Council Directive 96/98/EC on marine equipment (Text with EEA
relevance)

30.1.2001

EN

Official Journal of the European Communities

C 30/153

Member States which have notified implementing measures: DK, D,
EL, E, F, IRL, I, A, P, FIN, S, UK

TELEVISION WITHOUT FRONTIERS

Belgium

Denmark

Germany

Greece

France

Italy

1999/0354, LET — sent: 5.8.1999

1999/0395, termination: 22.12.1999

1999/0367, termination: 22.12.1999

1999/0404, termination: 22.12.1999

1999/0341, termination: 22.12.1999

1999/0376, termination: 22.12.1999

Luxembourg

1999/0348, LET — sent: 5.8.1999

Netherlands

1999/0361, RO — sent: 27.1.2000

Portugal

Finland

1999/0417, termination: 22.12.1999

1999/0433, termination: 22.12.1999

United-Kingdom

1999/0382, termination: 13.10.1999

31998L0035

31997L0036

Directive 97/36/EC of the European Parliament and of the Council of
30 June 1997 amending Council Directive 89/552/EEC on the
coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the pursuit of
television broadcasting activities

Member States which have notified implementing measures: DK, E,
IRL, P, FIN, S

Belgium

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

1999/0027, LET — sent: 12.3.1999

1999/0054, RO — sent: 16.8.1999, decision
to refer: 22.12.1999

1999/0123, RO — sent: 3.8.1999, decision
to refer: 22.12.1999

1999/0140, LET — sent: 12.13.1999, ter-
mination: 1.7.1999

1999/0001, RO — sent: 9.7.1999, decision
to refer: 22.12.1999

1999/0101, RO — sent: 4.7.1999

1999/0068, RO — sent: 4.8.1999, decision
to refer: 22.12.1999

1999/0013, RO — sent: 9.7.1999, decision
to refer: 22.12.1999

1999/0039, RO — sent: 9.7.1999, decision
to refer: 22.12.1999

1999/0170, RO — sent: 6.8.1999, decision
to refer: 22.12.1999

1999/0085, RO — sent: 9.7.1999, decision
to refer: 22.12.1999

Council Directive 98/35/EC of 25 May 1998 amending Directive
94/58/EC on the minimum level of training of seafarers

Austria

Member States which have notified implementing measures: DK, D,
IRL, FIN, UK

United Kingdom

ENVIRONMENT

Belgium

Denmark

Germany

Greece

Spain

France

Italy

1999/0462, RO: 22.12.1999

1999/0525, termination: 22.12.1999

General

1999/0480, termination: 22.12.1999

1999/0534, LET — sent: 20.8.1999

31997L0011

1999/0543, RO: 22.12.1999

1999/0438, RO: 22.12.1999

1999/0493, RO: 22.12.1999

Council Directive 97/11/EC of 3 March 1997 amending Directive
85/337/EEC on the assessment of the effects of certain public and
private projects on the environment

Member States which have notified implementing measures: B, DK,
EL, NL, A, P, FIN, S, UK

Luxembourg

1999/0452, RO: 22.12.1999

Netherlands

1999/0474, LET — sent: 20.8.1999

Austria

Portugal

Finland

Sweden

1999/0565, RO: 22.12.1999

1999/0555, RO: 22.12.1999

1999/0590, termination: 22.12.1999

1999/0578, RO: 22.12.1999

Belgium

Denmark

Germany

Spain

France

Finland

Greece

Ireland

1999/0350, RO: 22.12.1999

1999/0391, LET — sent: 5.8.1999

1999/2090, LET — sent: 19.7.1999

1999/0406, RO: 22.12.1999

1999/0338, RO: 22.12.1999

1999/2092, LET — sent: 19.7.1999

1999/0399, RO: 22.12.1999

1999/0386, termination: 13.10.1999

C 30/154

EN

Official Journal of the European Communities

30.1.2001

Italy

1999/0368, termination: 22.12.1999

Luxembourg

1999/0343, RO: 22.12.1999

Austria

Portugal

Sweden

1999/0419, RO: 22.12.1999

1999/0410, LET — sent: 5.8.1999

1999/0425, termination: 22.12.1999

United Kingdom

1999/2094, RO: 22.12.1999

Air

31980L0779

Greece

Spain

Ireland

Italy

Portugal

Sweden

1998/0328, referral: 2.12.1999

1998/0342, referral: 29.10.1999

1998/0371, termination: 1.7.1999

1998/0388, termination: 22.12.1999

1998/0445, termination: 13.10.1999

1998/0473, termination: 20.1.1999

United Kingdom

1998/0487, termination: 1.7.1999

31997L0068

Council Directive 80/779/EEC of 15 July 1980 on air quality limit
values and guide values for sulphur dioxide and suspended particulates

Member States which have notified implementing measures: all

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

31994L0063

European Parliament and Council Directive 94/63/EC of 20 December
1994 on the control of volatile organic compound (VOC) emissions
resulting from the storage of petrol and its distribution from terminals
to service stations

Member States which have notified implementing measures: all

United Kingdom

1995/2031, termination: 1.7.1999

31993L0012

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

Spain

1994/0552, termination: 1.7.1999

31996L0061

Council Directive 96/61/EC of 24 September 1996 concerning
integrated pollution prevention and control

Member States which have notified implementing measures: B, DK,
IRL, NL, A

Member States which have notified implementing measures: all except
F, IRL, I

Germany

Austria

Belgium

France

Greece

Ireland

Italy

1998/0320, termination: 21.4.1999

1998/0434, termination: 22.12.1999

1998/0296, termination: 1.7.1999

1998/0362, referral: 26.8.1999

1998/0337, termination: 1.7.1999

1998/0381, referral: 23.9.1999

1998/0398, referral: 3.11.1999

Luxembourg

1998/0415, termination: 1.7.1999

Portugal

Sweden

1998/0455, termination: 22.12.1999

1998/0481, termination: 1.7.1999

United Kingdom

1998/0492, termination: 22.12.1999

31998L0070

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

31996L0062

Member States which have notified implementing measures: DK, F,
FIN

Council Directive 96/62/EC of 27 September 1996 on ambient air
quality assessment and management

Member States which have notified implementing measures: D, I, P,
IRL, S, UK

Germany

Belgium

1998/0313, termination: 1.7.1999

1998/2280, RO: 22.12.1999

Belgium

Denmark

Germany

Greece

Spain

1999/0610, LET — sent: 16.11.1999

1999/0640, LET — sent: 16.11.1999

1999/0620, LET — sent: 16.11.1999

1999/0648, LET — sent: 16.11.1999

1999/0657, LET — sent: 16.11.1999

30.1.2001

EN

Official Journal of the European Communities

C 30/155

1999/0636, LET — sent: 16.11.1999

Denmark

1998/0579, termination: 1.7.1999

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

1999/0627, LET — sent: 16.11.1999

1999/0603, LET — sent: 16.11.1999

1999/0613, LET — sent: 16.11.1999

1999/0671, LET — sent: 16.11.1999

1999/0665, LET — sent: 16.11.1999

1999/0681, LET — sent: 16.11.1999

1999/0676, LET — sent: 16.11.1999

United Kingdom

1999/0633, LET — sent: 16.11.1999

Water

31976L0160

1998/0584, termination: 22.12.1999

1998/0597, termination: 1.7.1999

1998/0606, termination: 1.7.1999

1998/0610, termination: 1.7.1999

1998/0533, termination: 1.7.1999

Greece

Portugal

Austria

Sweden

France

Nature

31992L0043

Council Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora

Council Directive 76/160/EEC of 8 December 1975 concerning the
quality of bathing water

Member States which have notified implementing measures: all except
F

Member States which have notified implementing measures: all

Germany

Austria

1997/2039, termination: 11.5.1999

1997/2187, termination: 1.7.1999

31980L0778

Greece

France

Finland

31997L0049

1994/0703, termination: 11.5.1999

1994/0673, referral: 15.7.1998

1996/0582, termination: 21.4.1999

Council Directive 80/778/EEC of 15 July 1980 relating to the quality
of water intended for human consumption

Commission Directive 97/49/EC of 29 July 1997 amending Council
Directive 79/409/EEC on the conservation of wild birds

Member States which have notified implementing measures: B, DK,
EL, IRL, A, P, FIN, S

Member States which have notified implementing measures: P, FIN, S

31991L0271

31997L0062

Council Directive 91/271/EEC of 21 May 1991 concerning urban
waste-water treatment

Member States which have notified implementing measures: all

Italy

1993/0786, termination: 1.7.1999

Council Directive 97/62/EC of 27 October 1997 adapting to technical
and scientific progress Directive 92/43/EEC on the conservation of
natural habitats and of wild fauna and flora

Member States which have notified implementing measures: P

31998L0015

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

Member States which have notified implementing measures: all

Belgium

Germany

Italy

1998/2361, termination: 21.4.1999

1998/0557, termination: 22.12.1999

1998/0563, termination: 1.7.1999

United Kingdom

1998/0569, termination: 1.7.1999

Noise

31995L0027

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: B

Ireland

1998/0575, termination: 22.12.1999

Belgium

1996/0016, termination: 1.7.1999

C 30/156

EN

Official Journal of the European Communities

30.1.2001

Chemicals and biotechnology

31996L0054

31993L0090

Commission Directive 93/90/EEC of 29 October 1993 concerning
the list of substances referred to in Article 13 (1) (5th indent) of
Council Directive 67/548/EEC

Commission Directive 96/54/EC of 30 July 1996 adapting to
technical progress for the 22nd 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 (Text with EEA relevance)

Member States which have notified implementing measures: all except
UK

Member States which have notified implementing measures: DK, E, F,
IRL, L, NL, A, FIN, B, P, EL

United Kingdom

1993/1095, SLET — sent: 3.7.1997

31993L0101

Commission Directive 93/101/EC of 11 November 1993 adapting to
technical progress for the 20th time Council Directive 67/548/EEC on
the approximation of laws, regulations and administrative provisions
relating to the classification, packaging and labelling of dangerous
substances

Member States which have notified implementing measures: all

31994L0015

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: all

Belgium

1994/0634, termination: 21.4.1999

31994L0051

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

Belgium

1995/0239, termination: 21.7.1999

Luxembourg

1995/0344, RO 228, sent: 14.7.1999

31994L0069

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

Member States which have notified implementing measures: all

Belgium

Greece

Portugal

1998/0284, referral: 22.10.1999

1998/0326, termination: 11.5.1999

1998/0442, termination 1.7.1999

United Kingdom

1998/0486, LET — sent: 25.8.1998

31996L0056

Directive 96/56/EC of the European Parliament and the Council
of 3 September 1996 amending Directive 67/548/EEC on the
approximation of laws, regulations and administrative provisions
relating to the classification, packaging and labelling of dangerous
substances

Member States which have notified implementing measures: all except
D

1998/0286, termination: 21.4.1999

1998/0312, referral: 22.10.1999

1998/0327, termination: 11.5.1999

1998/0444, termination 1.7.1999

Belgium

Germany

Greece

Portugal

31996L0082

Council Directive 96/82/EC of 9 December 1996 on the control of
major-accident hazards involving dangerous substances

Member States which have notified implementing measures: D, E, F,
I, NL, A, FIN, S

Belgium

Denmark

Germany

Greece

Spain

France

Finland

Ireland

Italy

1999/0457, RO: 22.12.1999

1999/0278, LET — sent: 10.5.1999

1999/0240, RO: 22.12.1999

1999/0283, RO — sent: 9.11.1999

1999/0291, termination: 13.10.1999

1999/0208, RO — sent: 27.10.1999

1999/2097, LET — sent: 22.7.1999

1999/0270, RO — sent: 27.10.1999

1999/0250, termination: 22.12.1999

Belgium

Portugal

1996/0589, termination 1.7.1999

1996/1040, termination: 1.7.1999

Luxembourg

1999/0217, RO — sent: 27.10.1999

30.1.2001

EN

Official Journal of the European Communities

C 30/157

Netherlands

1999/0232, termination: 13.10.1999

Waste

Austria

Portugal

Sweden

1999/0313, RO — sent: 22.10.1999

1999/0302, RO — sent: 4.11.1999

1999/0323, termination: 13.10.1999

United Kingdom

1999/0261, RO: 22.12.1999

31997L0035

Commission Directive 97/35/EC of 18 June 1997 adapting to
technical progress for the second time Council Directive 90/220/EEC
on the deliberate release into the environment of genetically modified
organisms (Text with EEA relevance)

Member States which have notified implementing measures: all except
UK

Belgium

Greece

1997/0483, termination: 21.4.1999

1997/0496, termination: 22.12.1999

31994L0062

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, EL,
IRL, NL, A, FIN, S, L, F

Belgium

France

Greece

1996/2223, termination: 1.7.1999

1996/2225, termination: 22.12.1999

1996/0911, referral: 13.4.1999

Luxembourg

1993/1013, termination: 1.7.1999

Portugal

1996/2207, termination: 1.7.1999

United Kingdom

1996/2224, referral: 30.11.1999

United Kingdom

1997/0538, LET — sent: 5.11.1997

31994L0067

31997L0069

Council Directive 94/67/EC of 16 December 1994 on the incineration
of hazardous waste

Commission Directive 97/69/EC of 5 December 1997 adapting to
technical progress for the 23rd 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 (Text with EEA relevance)

Member States which have notified implementing measures: NL, A,
P, DK, EL

Member States which have notified implementing measures: all except
B and I

Belgium

Greece

Italy

Austria

1997/0021, referral: 10.9.1999

1997/0048, termination: 1.7.1999

1997/0097, referral: 3.11.1999

1997/0137, termination: 1.7.1999

United Kingdom

1997/0182, termination: 1.7.1999

Germany

Belgium

Denmark

Greece

1999/2059, RO 22.12.1999

1999/0031, decision to refer: 22.12.1999

1999/0114, termination: 1.7.1999

31996L0059

1999/0127, termination: 1.7.1999

Netherlands

1999/0043, RO — sent: 30.7.1999

Austria

Portugal

1999/0174, RO — sent: 25.1.2000

1999/0157, termination: 22.12.1999

United Kingdom

1999/0089, LET — sent: 12.3.1999

Council Directive 96/59/EC of 16 September 1996 on the disposal
of polychlorinated biphenyls
and polychlorinated terphenyls
(PCBs/PCTs)

Member States which have notified implementing measures: B, DK,
E, F, IRL, L, NL, A, P, FIN, S, I

31998L0073

Commission Directive 98/73/EC of 18 September 1998 adapting to
technical progress for the 24th time Council Directive 67/548/EEC on
the approximation of laws, regulations and administrative provisions
relating to the classification, packaging and labelling of dangerous
substances

Member States which have notified implementing measures: E, IRL,
UK

Belgium

Germany

Greece

Spain

Portugal

1998/2211, termination 22.12.1999

1998/0179, decision to refer: 1.7.1999

1998/0190, referral: 1.12.1999

1998/0199, termination: 22.12.1999

1998/0252, termination: 13.10.1999

United Kingdom

1998/0276, referral: 6.12.1999

Italy

Denmark

1998/0219, termination: 13.10.1999

1998/0172, termination: 26.5.1999

C 30/158

EN

Official Journal of the European Communities

30.1.2001

Radiation protection

Netherlands

1996/1034, decision to refer: 1.7.1999

31989L0618

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,
EL, F, IRL, NL, A, P, FIN, UK, L, E, I

Sweden

1996/0488, RO — sent: 25.6.1999

31992L0003

Council Directive 92/3/Euratom of 3 February 1992 on the super-
vision and control of shipments of radioactive waste between Member
States and into and out of the Community

Member States which have notified implementing measures: all

Austria

Portugal

Sweden

1996/1089, referral: 28.10.1999

1996/1054, termination: 21.4.1999

1996/1127, termination: 1.7.1999

31995L0062

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

1997/2226, decision to refer: 1.7.1999

1997/0053, termination: 22.12.1999

Germany

1994/0413,
ation: 2.12.1998

referral: 12.6.1997,

termin-

31997L0013

INFORMATION SOCIETY

31992L0044

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, EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Council Directive 92/44/EEC of 5 June 1992 on the application of
open network provision to leased lines

Greece

1998/2081, termination: 13.10.1999

Netherlands

1998/2085, termination: 21.4.1999

Member States which have notified implementing measures: B, DK,
D, EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Belgium

1995/2308, termination: 21.4.1999

31997L0033

31995L0047

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: B, DK,
D, EL, E, IRL, I, L, P, FIN, S, UK

Belgium

Greece

France

Italy

1996/0870, decision to refer: 1.7.1999

1996/0923, termination: 1.7.1999

1996/0966, referral: 26.8.1999

1996/1004, termination: 13.10.1999

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, EL, E, F, IRL, I, L, NL, A, P, FIN, S, UK

Greece

Spain

1998/2082, termination: 13.10.1999

1998/2120, termination: 1.7.1999

Netherlands

1998/2086, termination: 21.4.1999

Portugal

Sweden

1998/2087, termination: 21.4.1999

1998/2088, termination: 1.7.1999

30.1.2001

EN

Official Journal of the European Communities

C 30/159

31997L0051

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, L, NL, A, P, FIN, S, UK

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

Member States which have notified implementing measures: B, DK,
D, EL, E, IRL, L, NL, A, P, FIN, S, UK

Greece

France

Ireland

Italy

1998/0338, termination: 13.10.1999

1998/0363, decision to refer: 22.12.1999

1998/0382, termination: 1.7.1999

1998/0399, referral: 3.11.1999

Netherlands

1998/0423, termination: 21.4.1999

Portugal

Sweden

1998/0456, termination: 1.7.1999

1998/0482, termination: 22.12.1999

1998/0333, termination: 13.10.1999

1998/0359, decision to refer: 22.12.1999

1998/0394, referral: 3.11.1999

1998/0451, termination: 13.10.1999

31998L0061

1998/0478, termination: 22.12.1999

Greece

France

Italy

Portugal

Sweden

31997L0066

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: DK, D,
EL, E, F, IRL, I, L, NL, A, P, FIN, S

Belgium

Denmark

Greece

France

Ireland

Italy

Austria

Finland

Sweden

1999/0033, RO — sent: 18.8.1999

1999/0118, termination: 1.7.1999

1999/0135, termination: 13.10.1999

1999/0008, termination: 22.12.1999

1999/0108, termination: 13.10.1999

1999/0079, decision to refer: 22.12.1999

1999/0180, termination: 1.7.1999

1999/0205, termination: 1.7.1999

1999/0194, termination: 13.10.1999

INTERNAL MARKET

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

Member States which have notified implementing measures: D, E, I,
NL, A, P, FIN, S

Belgium

Denmark

Greece

France

Ireland

1998/2332, RO — sent: 11.8.1999

1998/2333, RO — sent: 2.8.1999

1998/2335, decision to refer: 22.12.1999

1998/2336, decision to refer: 22.12.1999

1998/2337, RO — sent: 2.8.1999

Luxembourg

1998/2338, decision to refer: 22.12.1999

Netherlands

1998/2339, termination: 21.4.1999

Austria

Portugal

Finland

Sweden

1998/2340, termination: 21.4.1999

1998/2341, termination: 21.4.1999

1998/2342, termination: 1.7.1999

1998/2343, termination: 22.12.1999

United Kingdom

1998/2344, decision to refer: 22.12.1999

Regulated professions (qualifications)

31998L0010

31978L0686

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

Council Directive 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

C 30/160

EN

Official Journal of the European Communities

30.1.2001

Member States which have notified implementing measures: all

Austria

1999/0168, termination: 26.10.1999

31978L0687

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

Spain

Ireland

Italy

1999/0144, termination: 1.7.1999

1999/0104, decision to refer: 22.12.1999

1999/0075, termination: 22.12.1999

Luxembourg

1999/0018, termination: 1.7.1999

Netherlands

1999/0047, decision to refer: 22.12.1999

Austria

Portugal

Finland

Sweden

1999/0176, termination: 22.12.1999

1999/0160, decision to refer: 22.12.1999

1999/0202, termination: 28.7.1999

1999/0191, termination: 1.7.1999

Austria

1999/0169, termination: 26.10.1999

United Kingdom

1999/0092, termination: 28.7.1999

31989L0048

31998L0063

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

Member States which have notified implementing measures: all except
EL

Greece

1991/0668, second decision to refer — sent:
20.5.1998

31997L0038

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 (Text with EEA relevance)

Member States which have notified implementing measures: all except
EL

Greece

Portugal

1997/0600, decision to refer: 1.7.1999

1997/0714, termination: 21.4.1999

Commission Directive 98/63/EC of 3 September 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 (Text with EEA relevance)

Member States which have notified implementing measures: all except
E, IRL, NL, P

Belgium

1999/0465, termination: 26.10.1999

Spain

France

Ireland

Italy

1999/0546, RO: 22.12.1999

1999/0442, termination: 22.12.1999

1999/0516, RO: 22.12.1999

1999/0496, termination: 22.12.1999

Netherlands

1999/0477, RO: 22.12.1999

Austria

Portugal

Sweden

1999/0571, termination: 22.12.1999

1999/0559, RO: 22.12.1999

1999/0581, termination: 26.10.1999

31998L0021

Special arrangements relating to freedom of movement

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 (Text with EEA relevance)

31993L0007

Member States which have notified implementing measures: all except
IRL, NL, P

Council Directive 93/7/EEC of 15 March 1993 on the return of
cultural objects unlawfully removed from the territory of a Member
State

Denmark

Germany

Greece

1999/0116, termination: 13.10.1999

1999/0059, termination: 28.7.1999

Member States which have notified implementing measures: all

1999/0130, termination: 28.7.1999

Germany

1994/0532, termination: 1.7.1999

30.1.2001

EN

Official Journal of the European Communities

C 30/161

31996L0100

Member States which have notified implementing measures: all except
EL, P

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
A

France

Austria

1997/0624, termination: 22.12.1999

1997/0693, decision to refer: 22.12.1999

Public procurement

31992L0013

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

Greece

Portugal

1998/0185, decision to refer: 22.12.1999

1998/0437, decision to refer: 22.12.1999

31992L0050

1997/0213, termination: 17.2.1999

1998/0186, RO — sent: 17.12.1998

1998/0438, RO — sent: 2.2.1999

Spain

Greece

Portugal

31997L0052

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: B, DK,
IRL, NL, P, FIN, S

Belgium

Germany

Greece

Spain

France

Ireland

Italy

1998/0547, termination: 1.7.1999

1998/0553, decision to refer: 22.12.1999

1998/0585, decision to refer: 22.12.1999

1998/0587, LET — sent: 18.12.1998

1998/0530, decision to refer: 22.12.1999

1998/0572, termination: 1.7.1999

1998/0561, decision to refer: 22.12.1999

Luxembourg

1998/0539, LET — sent: 18.12.1998

Austria

Portugal

1998/0601, RO — sent: 12.11.1999

1998/0592, termination: 22.12.1999

United Kingdom

1998/0566, RO — sent: 6.8.1999

Council Directive 92/50/EEC of 18 June 1992 relating to the
coordination of procedures for the award of public service contracts

31998L0004

Member States which have notified implementing measures: all

Greece

1993/0711, termination: 1.7.1999

31993L0036

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

1994/0722, termination: 1.7.1999

31993L0038

Council Directive 93/38/EEC of 14 June 1993 coordinating the
procurement procedures of entities operating in the water, energy,
transport and telecommunications sectors

Directive 98/4/EC of the European Parliament and of the Council of
16 February 1998 amending Directive 93/38/EEC coordinating the
procurement procedures of entities operating in the water, energy,
transport and telecommunications sectors

Member States which have notified implementing measures: B, DK,
E, IRL, NL, FIN, S

Germany

Belgium

France

Ireland

Italy

Luxembourg

Netherlands

Austria

1999/0243, LET — sent: 10.5.1999

1999/0229, termination: 22.12.1999

1999/0210, LET — sent: 10.5.1999

1999/0273, termination: 22.12.1999

1999/0253, LET — sent: 10.5.1999

1999/0219, LET — sent: 10.5.1999

1999/0234, termination: 22.12.1999

1999/0315, LET — sent: 10.5.1999

United Kingdom

1999/0263, LET — sent: 10.5.1999

C 30/162

EN

Official Journal of the European Communities

30.1.2001

Banks

31995L0026

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

31992L0096

Council Directive 92/96/EEC of 10 November 1992 on the coordi-
nation of laws, regulations and administrative provisions relating to
direct
life assurance and amending Directives 79/267/EEC and
90/619/EEC (third life assurance Directive)

Member States which have notified implementing measures: all

Spain

1994/0145, termination: 21.4.1999

Member States which have notified implementing measures: all

Stock exchanges and securities

1996/0862, termination: 22.12.1999

31993L0022

Belgium

Germany

Spain

France

Ireland

Italy

1996/0890, termination: 13.10.1999

1996/0941, termination: 1.7.1999

1996/0958, referral: 3.3.1999

1996/0980, termination: 1.7.1999

1996/0999, termination: 22.12.1999

Luxembourg

1996/1015, termination: 22.12.1999

Insurance

31991L0371

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

1993/0917, termination: 21.4.1999

31992L0049

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

1995/0475, termination: 1.7.1999

Luxembourg

1995/0566, judgment: 3.6.1999

31997L0009

Directive 97/9/EC of the European Parliament and of the Council of
3 March 1997 on investor-compensation schemes

Member States which have notified implementing measures: all except
L, P

Belgium

France

1998/0546, termination: 1.7.1999

1998/0529, RO — sent: 16.8.1999

Luxembourg

1998/0536, decision to refer: 22.12.1999

Austria

Portugal

Sweden

1998/0600, RO — sent: 16.8.1999

1998/0591, RO — sent: 24.1.2000

1998/0608, termination: 1.7.1999

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

Payment systems

31997L0005

Spain

1994/0140, termination: 21.4.1999

Directive 97/5/EC of the European Parliament and of the Council of
27 January 1997 on cross-border credit transfers

30.1.2001

EN

Official Journal of the European Communities

C 30/163

Member States which have notified implementing measures: DK, E,
IRL, L, NL, A, FIN, S, UK

Italy

Belgium

Germany

Greece

France

Italy

Portugal

31998L0026

1999/0607, LET — sent: 16.11.1999

1999/0617, LET — sent: 16.11.1999

1999/0643, LET — sent: 16.11.1999

1999/0595, LET — sent: 16.11.1999

1999/0623, LET — sent: 16.11.1999

1999/0661, LET — sent: 16.11.1999

Luxembourg

Netherlands

Austria

Finland

United Kingdom

1998/0558, LET — sent: 18.12.1998, ter-
mination: 26.5.1999

1998/0535, RO — sent: 26.8.1999, decision
to refer: 22.12.1999

1998/0548, RO — sent: 16.8.1999, decision
to refer: 22.12.1999

1998/0599, RO — sent: 16.8.1999, termin-
ation: 22.12.1999

1998/0611, LET — sent: 18.12.1998, ter-
mination: 22.12.1999

1998/0565, RO: 1.7.1999, RO — sent:
3.9.1999

Directive 98/26/EC of the European Parliament and of the Council of
19 May 1998 on settlement finality in payment and securities
settlement systems

Industrial property

Member States which have notified implementing measures: B, E, P,
A, FIN

31989L0104

Financial information and company law

31990L0605

Council Directive 90/605/EEC of 8 November 1990 amending
Directive 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
D

Germany

1993/0108, referral: 28.7.1997

Data protection

31995L0046

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: B, EL, E,
I, A, P, FIN, S, UK

1998/0545, termination: 4.5.1999

1998/0576, decision to refer: 18.1.2000

1998/0552, decision to refer: 22.12.1999

1998/0586, RO — sent: 12.8.1999

Belgium

Denmark

Germany

Spain

France

Ireland

First Council Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to trade marks

Member States which have notified implementing measures: all

Copyright and related rights

31992L0100

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

1994/0855, judgment: 12.10.1999

31993L0083

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

Ireland

1995/0114, judgment: 25.11.1999

1998/0528, RO — sent: 16.8.1999, decision
to refer: 22.12.1999

31996L0009

1998/0571, RO — sent: 16.8.1999, decision
to refer: 22.12.1999

Directive 96/9/EC of the European Parliament and of the Council of
11 March 1996 on the legal protection of databases

C 30/164

EN

Official Journal of the European Communities

30.1.2001

Member States which have notified implementing measures: B, DK,
D, E, F, I, NL, A, FIN, S, UK

Renewable energy and energy efficiency

Belgium

Greece

Ireland

Luxembourg

Netherlands

Portugal

ENERGY

Electricity

311996L0092

1998/0001, termination: 26.5.1999

31995L0012

1998/0019, referral: 21.12.1999

1998/0043, referral: 4.10.1999

1998/0058, referral: 17.9.1999

1998/0065, termination: 13.10.1999

1998/0074, referral: 22.12.1999

Commission Directive 95/12/EC of 23 May 1995 implementing
Council Directive 92/75/EEC with regard to energy labelling of
household washing machines

Member States which have notified implementing measures: B, D,
DK, E, EL, F, I, IRL, L, NL, A, P, FIN, S, UK

Belgium

Italy

1996/0233, termination: 1.7.1999

1996/0309, termination: 1.7.1999

31995L0013

Commission Directive 95/13/EC of 23 May 1995 implementing
Council Directive 92/75/EEC with regard to energy labelling of
household electric tumble driers

Member States which have notified implementing measures: B, D,
DK, E, EL, F, I, IRL, L, NL, A, P, FIN, S, UK

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

Belgium

Italy

1996/0234, termination: 1.7.1999

1996/0310, termination: 1.7.1999

Member States which have notified implementing measures: B, D,
DK, E, EL, I, IRL, NL, A, P, FIN, S, UK.

31996L0057

France

1999/2185, RO — sent: 23.12.1999

Luxembourg

1999/2186, RO — sent: 23.12.1999

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

31998L0075

Member States which have notified implementing measures: B, D,
DK, E, EL, F, IRL, L, NL, A, P, FIN, S, UK

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 (Text with EEA relevance)

Belgium

Italy

1997/0542, termination: 1.7.1999

1997/0651, referral: 10.11.1999

Member States which have notified implementing measures: A, P

31997L0017

Gas

311998L0030

Commission Directive 97/17/EC of 16 April 1997 implementing
Council Directive 92/75/EEC with regard to energy labelling of
household dishwashers (Text with EEA relevance)

Member States which have notified implementing measures: E, EL, F,
I, IRL, L, NL.

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

31998L0011

Member States which have notified implementing measures: none.

Commission Directive 98/11/EC of 27 January 1998 implementing
Council Directive 92/75/EEC with regard to energy labelling of
household lamps (Text with EEA relevance)

30.1.2001

EN

Official Journal of the European Communities

C 30/165

Member States which have notified implementing measures: DK, E, F,
S, UK

TAXATION

Belgium

Denmark

Germany

Greece

France

Ireland

Italy

1999/0461, LET — sent: 20.8.1999

1999/0524, termination: 22.12.1999

1999/0484, LET — sent: 20.8.1999

1999/0533, LET — sent: 20.8.1999

VAT

31996L0042

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: all

1999/0437, termination: 22.12.1999

Greece

1999/0512, LET — sent: 20.8.1999

1999/0492, LET — sent: 20.8.1999

1996/0933, decision to refer: 24.6.1998,
termination: 1.7.1999

Luxembourg

1999/0451, LET — sent: 20.8.1999

Netherlands

1999/0473, LET — sent: 20.8.1999

Austria

Portugal

Finland

Sweden

1999/0568, LET — sent: 20.8.1999

1999/0554, LET — sent: 20.8.1999

1999/0589, LET — sent: 20.8.1999

1999/0577, termination: 22.12.1999

United Kingdom

1999/0503, termination: 22.12.1999

31999L0009

Commission Directive 1999/9/EC of 26 February 1999 amending
Directive 97/17/EC implementing Council Directive 92/75/EEC with
regard to energy labelling of household dishwashers

STATISTICS

31997L0077

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

Member States which have notified implementing measures: all

Greece

1999/0129, termination: 1.7.1999

EXTERNAL TRADE

31998L00029

Council Directive 98/29/EC of 7 May 1998 on harmonisation of the
main provisions concerning export credit insurance for transactions
with medium and long-term cover

Member States which have notified implementing measures: all
except I

Member States which have notified implementing measures: E, EL, F,
I, IRL, L, NL

Italy

1999/0370, LET — sent: 5.8.1999; RO:
22.12.1999

SUMMARY TABLE ON THE STATE OF THE COMMUNICATION OF THE NATIONAL MEASURES OF IMPLEMENTATION OF THE DIRECTIVES

Progress in notification of national measures implementing Directives (situation on 31 December 1999)

Chap-
ter

Sector

Sub-sector

Directives
applicable
on
31.12.1999

Entry and residence

Right to vote and eligibility

Regulated professions

Free movement
of persons and
citizenship of
of the Union

Commercial
agents

Technical regulations

Food

Pharmaceuticals

Chemicals

6

2

66

1

2

92

32

38

Construction products

Free
movement of
goods

Capital goods

Cosmetics

t
e
k
r
a
m

l
a
n
r
e
t
n
I

Textiles and shoes

Liability for directive
products

Special freedom of move-
ment arrangements

Customs Union

Financial services

Company law

Intellectual property

Data protection

Public procurement

Direct taxation

VAT

Other indirect taxes

Free movement
of services

The business
environ-
ment

Competition

Social affairs

Energy

Transport

Directives applicable on 31 December 1999 (by MS)

Directives for which implementing measures notified

Percentages notified

B

6

2

DK

D

EL

6

2

6

2

6

2

E

6

2

F

6

2

IRL

6

2

I

6

2

L

6

2

NL

A

6

2

6

2

P

6

2

FIN

6

2

S

6

2

UK

6

2

B

6

2

DK

D

EL

6

2

6

2

6

2

E

6

2

F

6

2

IRL

6

2

I

6

2

L

6

2

NL

A

6

2

6

2

P

6

2

FIN

6

2

S

6

2

UK

B DK D EL

E

F

IRL

I

L

NL A

P

FIN S

UK

6

2

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

66

66

66

66

66

66

66

66

66

66

66

66

66

66

66

66

66

66

64

65

66

64

66

66

64

66

66

64

66

66 100 100 100 97

98 100 97 100 100 97 100 97 100 100 100

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

92

32

38

1

2

91

32

27

1

2

92

32

29

1

2

88

32

30

1

1

90

32

27

1

2

91

32

28

1

2

91

30

27

1

1

85

32

30

1

1

89

32

28

1

1

91

32

32

1

2

92

32

28

1

2

91

32

28

1

1

90

32

28

1

2

92

32

30

1

2

92

32

27

1

2

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

100 100 100 50 100 100 50

92

99 100 96

98

99

99

92

50

97

50 100 100 50 100 100 100

99 100 99

98 100 100 100

32 100 100 100 100 100 94 100 100 100 100 100 100 100 100 100

27

71

76

98

79

98

71

92

74

99

71

98

79

99

74

95

84

94

74

96

74

98

74

89

79

94

71

96

71

97

Motor vehicles

219

219 219 219 219 219 219 219 219 219 219 219 219 219 219 219 198 215 215 202 216 215 216 208 206 211 215 195 205 210 212 90

1

92

38

5

1

3

4

60

15

7

1

11

4

27

25

7

54

32

67

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

92

38

5

1

3

4

1

87

37

1

1

3

4

1

86

38

0

1

3

4

1

87

37

0

1

3

4

1

87

38

0

1

3

4

1

88

38

0

1

3

4

1

87

36

0

1

3

4

1

85

37

0

1

3

4

1

85

38

1

1

3

4

1

86

38

2

1

3

4

1

87

38

0

1

3

4

1

90

37

0

1

2

4

1

86

38

0

1

3

4

1

87

38

0

1

3

4

1

79

37

0

1

3

4

1

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

87

38

0

1

3

4

95

93

95

95

96

95 100 92

93

95

98

93

95

86

95

97 100 97 100 100 95

97 100 100 100 97 100 100 97 100

20

0

0

0

0

0

0

20

40

0

0

0

0

0

0

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

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

60

60

60

60

60

60

60

60

60

60

60

60

60

60

60

59

59

58

58

60

58

59

58

57

59

60

58

60

59

59

98

98

97

97 100 97

98

97

95

98 100 97 100 98

98

15

15

15

15

15

15

15

15

15

15

15

15

15

15

15

15

15

14

15

15

15

15

15

15

15

15

15

15

15

15 100 100 93 100 100 100 100 100 100 100 100 100 100 100 100

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

1

7

0

11

11

11

10

11

11

11

11

11

11

11

10

11

11

11

11

11

4

27

24

7

54

30

67

4

27

24

7

54

30

61

4

27

25

7

54

32

66

4

27

24

7

54

30

61

4

27

24

7

54

30

61

4

27

24

7

54

30

67

4

27

24

7

54

30

61

4

27

24

7

54

30

66

4

27

24

7

54

29

66

4

27

24

7

54

30

67

4

27

25

7

54

30

62

4

27

24

7

54

30

66

4

27

24

7

54

28

62

4

27

24

7

54

30

62

4

27

24

7

54

30

66

4

27

24

7

52

24

62

4

27

24

7

53

26

60

7

0

9

4

27

25

7

53

27

61

6

1

7

4

27

24

7

48

26

48

7

1

10

4

27

24

7

52

28

57

7

0

9

4

27

24

7

50

27

59

4

0

11

4

27

24

7

50

26

49

7

1

9

4

27

24

7

45

23

56

6

0

9

4

27

24

7

48

24

45

7

0

11

4

27

24

7

50

27

62

7

1

9

4

27

25

7

51

24

54

6

1

8

4

27

24

7

51

24

50

7

1

7

1

11

11

4

27

24

7

51

22

57

4

27

24

7

52

25

53

7

1

9

4

100 100 100 86 100 100 57 100 86 100 100 86 100 100 100

100

0

0

100 100

0

0

100

0

0

100 100 100 100 100

100 100 82

70

91

82 100 82

82 100 82

80 100 100 82

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

27 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

24 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

7

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

52

25

62

96

80

93

98

87

98

98

84

92

89

87

79

96

93

93

93

90

88

93

87

80

83

77

85

89

83

68

93

90

93

94

80

67

94

80

76

94

79

92

96

83

85

96

83

94

C
3
0
/
1
6
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

.

.

3
0
1
2
0
0
1

Chap-
ter

Sector

Sub-sector

Telecommunications

TV without frontiers

Freedom of access to information

Environmental impact assessment

Air

Water

Nature

Noise

t
n
e
m
n
o
r
i
v
n
E

Chemicals and biotechnology

Waste

Environment and industry

Radiation protection

Veterinary matters

e
r
u
t
l
u
c
i
r
g
A

Plant health

Seeds and plants

Feedingstuffs

Forestry

Consumers

Statistics

12

11

12

12

12

13

13

13

11

77

92 100 85 100 69

50 100 50

50 100 50

92

50

85

50

92

50

92

50

92 100 100 100 85

50 100 100 100 50

E
N

Directives applicable on 31 December 1999 (by MS)

Directives for which implementing measures notified

Percentages notified

.

.

3
0
1
2
0
0
1

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

B

DK

D

EL

E

IRL

I

L

NL

A

P

FIN

S

UK

B DK D EL

E

F

IRL

I

L

NL A

P

FIN S

UK

Directives
applicable
on
31.12.1999

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

10

12

13

11

13

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

18

24

13

24

43

17

7

6

2

1

2

19

22

13

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

19

22

13

24

43

17

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

2

1

2

17

22

12

24

43

16

7

6

1

1

1

15

22

12

24

42

15

6

6

2

1

2

16

22

12

24

42

16

7

6

1

1

1

15

22

12

24

40

15

6

6

1

1

1

15

24

13

24

42

15

6

6

2

1

1

16

22

13

24

43

16

7

6

1

1

1

1

1

2

14

22

12

24

42

16

6

6

1

1

2

16

22

12

24

43

15

7

6

1

1

1

15

22

12

24

42

16

6

6

1

1

2

17

22

12

24

42

16

7

6

1

1

1

15

22

12

24

40

16

6

6

2

1

2

17

22

13

24

42

17

6

6

2

1

1

15

22

12

24

42

18

6

6

2

1

2

15

22

12

24

43

16

7

6

F

9

1

1

1

16

22

11

24

42

16

6

6

148

148 148 148 148 148 148 148 148 148 148 148 148 148 148 148 143 146 143 139 142 136 139 142 146 143 147 145 145 146 142 97

99

97

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

88

77

86

5

12

15

86

74

86

5

12

15

88

75

82

5

12

15

84

74

83

5

12

15

81

74

68

5

12

15

86

74

81

5

12

15

87

74

70

5

12

14

88

75

76

5

12

14

87

74

79

5

12

15

81

74

73

5

12

15

85

75

85

5

12

15

84

74

69

5

12

15

86

74

78

5

12

15

87

75

81

5

12

15

87

77

84

5

12

15

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

50 100 50

15

88

94

88

50

83

50

84

50 100 100 50 100 50 100 50 100 50

94

82

94

88 100 88

89

88

88

88

22 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

12 100 100 100 100 92

92 100 100 100 100 100 100 100 100 100

24 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

43

14

6

6

98

98

93

98 100 98

98 100 98

98

93

98

98 100 100

94 100 94

88 100 100 100 94 100 100 100 100 100 100 88

86 100 86

86 100 86

86 100 86 100 86

86

86 100 86

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

87

75

98 100 95

96

97

77 100 95

96

97

94

92

96

79

96

98

96

94

92

94

96

99 100 99

96

81

97

88

96

92

99

92

96

85

97

97

97

99

99

95

96

80

98

98

96

91

98

99

99

99

96

99

97 100 97

94

98

90

5

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

12 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100

15 100 100 100 100 100 93

93 100 100 100 100 100 100 100 100

Total

1508

1505 1499 1507 1503 1502 1505 1499 1504 1503 1505 1501 1507 1498 1500 1504 1428 1456 1439 1383 1449 1412 1411 1416 1402 1447 1425 1407 1436 1437 1435 95

97

95

92

96

94

94

94

93

96

95

93

96

98

95

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
0
/
1
6
7

C 30/168

EN

Official Journal of the European Communities

30.1.2001

PART 2: INFRINGEMENTS FOR NON-CONFORMITY

Sector

Directives (CELEX code)

Member
State

Infringement
No

Agriculture

31964L0433

Competition

31990L0387; 31990L0388

31990L0388; 31996L0019; 31997L0033

31990L0388; 31996L0019

31990L0388; 31996L0019; 31997L0033

31994L0046

31990L0388; 31997D0603

31990L0388

31990L0388; 31996L0019

Television without
tiers

fron- 31989L0552

31989L0552

Employment
affairs

and social 31980L0987

31976L0207

31977L0187

31989L0391

31989L0391

31989L0391

31989L0391

31989L0391

31989L0391

31989L0391

31992L0029

31989L0391

31989L0391

31989L0391

31993L0104

31989L0391

31998L0059

31989L0391

31989L0655

31990L0270

31990L0269

31989L0654

31998L0059

31992L0085

31992L0085

31992L0085

31992L0085

31992L0085

31990L0385

31992L0027

31993L0015

31993L0015

Industry

B

I

B

P

F

EL

E

I

EL

L

F

EL

F

I

DK

F

IRL

I

L

NL

UK

DK

A

FIN

D

DK

B

IRL

S

I

I

S

S

EL

F

IRL

I

L

S

E

D

E

D

1998/4244

1996/4482

1998/2071

1998/2072

1998/2077

1998/2130

1998/2240

1998/2241

1999/2221

1992/2162

1992/2164

1986/0116

1990/2109

1990/2144

1995/2134

1995/2135

1995/2136

1995/2137

1995/2138

1995/2139

1995/2141

1996/4780

1997/2149

1997/2173

1997/2193

1997/4778

1998/2015

1998/2018

1998/2182

1998/2222

1998/2224

1998/2252

1998/2270

1998/2327

1998/2354

1998/2356

1998/2357

1998/2358

1998/2359

1993/2291

1994/4336

1994/4353

1997/4054

30.1.2001

EN

Official Journal of the European Communities

C 30/169

Sector

Directives (CELEX code)

Member
State

Infringement
No

Industry (continued)

31992L42

31965L0065; 31989L0381

31980L0777

31980L0777

31995L0002

31995L0002

31965L0065

31989L0686

31989L0686

31976L0768

31989L0105

31989L0108; 31992L0001

31996L0005; 31998L0036

31989L0336

31989L0336

31970L0050; 31998L0013

31994L11

31989L105

31993L0099

Environment

31979L0409

31980L0836; 31984L0467

31980L0068

31975L0440

31985L0337

31975L0440; 31979L0869

31975L0442; 31978L0319; 31986L0279; 31991L0689

31985L0337

31978L0659

31984L0466

31985L0337

31976L0464

31984L0466

31980L0778

31985L0337

31985L0337

31985L0337

31986L0609

31994L0062

31984L0360

31976L0464; 31986L0280; 31988L0347

31983L0513

31982L0176; 31984L0156

31990L0219

31990L0220

31986L0280; 31988L0347

31978L0659; 31979L0923

31979L0409

31985L0337

D

B

D

I

DK

E

D

F

D

I

A

F

I

I

D

E

F

F

I

F

NL

IRL

I

IRL

UK

D

E

I

B

D

IRL

E

UK

I

EL

P

IRL

D

P

I

I

I

F

F

P

UK

I

UK

1995/4082

1996/2094

1996/2189

1999/4849

1996/4762

1997/4320

1997/2076

1997/2168

1997/4213

1998/2239

1998/4052

1999/2081

1999/2131

1999/4145

1999/4147

1999/4424

1999/4634

1999/4750

1999/4888

1984/0121

1988/0488

1989/0163

1989/0206

1989/0425

1989/4571

1990/0038

1990/0129

1990/0211

1990/0237

1990/4710

1990/5220

1991/0723

1991/0772

1991/0794

1991/2036

1991/2168

1991/2216

1991/4489

1992/2183

1992/2184

1992/2205

1992/2207

1992/2248

1992/2304

1992/2358

1992/2362

1992/4279

1992/5033

C 30/170

EN

Official Journal of the European Communities

30.1.2001

Sector

Directives (CELEX code)

Member
State

Infringement
No

Environment (continued)

31985L0337

31979L0869

31990L0313

31980L0068

31975L0439; 31987L0101

31990L0219; 31990L0220

31989L0369

31989L0429

31979L0409; 31991L0244

31990L0219; 31990L0220

31986L0609

31980L0778

31990L0313

31986L0609

31989L0618

31989L0618

31990L0313

31990L0641

31990L0313

31991L0676

31991L0676

31991L0676

31991L0676

31979L0409

31990L0313

31978L0319; 31987L0217

31979L0409

31979L0409

31990L0313

31991L0676

31991L0676

31991L0676

31991L0676

31991L0676

31979L0409

31992L0043

31994L0062

31991L0271

31991L0271

31990L0219; 31990L0220

31987L0217

31986L0609

31991L0676

31976L0464; 31980L0068; 31984L0360; 31985L0337

31986L0609

31976L0160

31976L0160

31992L0043

31992L0043

D

P

F

P

P

B

B

B

B

P

L

P

E

B

D

F

B

F

D

D

IRL

B

I

F

P

IRL

F

FIN

E

UK

EL

A

F

I

S

F

DK

EL

A

P

B

A

P

B

F

DK

FIN

L

B

1993/2003

1993/2035

1993/2058

1993/2112

1993/2115

1993/2120

1993/2121

1993/2122

1993/2123

1993/2179

1993/2190

1993/2191

1993/2197

1993/2218

1993/2276

1993/2277

1993/4372

1994/2097

1994/2196

1994/2237

1994/2238

1994/2239

1994/2245

1994/4084

1994/4682

1994/4723

1994/4794

1995/4543

1995/4678

1996/2106

1996/2201

1996/2229

1996/2231

1996/2232

1996/4016

1996/4513

1996/4515

1996/2036

1997/2037

1997/2128

1997/2166

1997/2245

1997/2247

1997/4357

1998/2031

1998/2195

1998/2197

1998/2210

1998/2226

30.1.2001

EN

Official Journal of the European Communities

C 30/171

Sector

Directives (CELEX code)

Member
State

Infringement
No

Environment (continued)

31992L0043

31991L0156; 31991L0689; 31994L0062

31975L0442; 31991L0689

31975L0442; 31991L0689

31975L0442; 31991L0156

Telecommunications

31995L0062

31997L0013

31997L0013

31997L0013

31997L0013; 31997L0033

31997L0013

31997L0033

31997L0013

31997L0033

31992L0044; 31997L0051

31998L0010

31995L0062; 31998L0010

31997L0033

31997L0013; 31998L0061

31998L0010

31997L0013

Justice and home affairs

31968L0360; 31973L0148

31990L0364; 31990L0365; 31993L0096

31994L0080

31994L0080

31993L0109

31994L0080

31994L0080

31994L0080

31994L0080

31994L0080

31990L0364; 31990L0365; 31993L0096

31994L0040

31964L0221

Internal market

31985L0384; 31985L0614; 31986L0017

31975L0362

31989L0594

31969L0665

31992L0049; 31992L0096

31992L0050; 31993L0036; 31993L0037

31989L0665

31992L0013

31992L0013

31992L0049; 31992L0096

31993L0037

31986L0653

31978L0686

S

I

D

A

B

P

I

B

F

F

L

L

A

B

L

L

B

D

E

A

D

I

A

D

D

D

A

A

A

A

EL

D

P

NL

E

E

F

P

F

B

E

F

UK

B

P

I

I

1998/2233

1998/2329

1998/5056

1999/4401

1999/4760

1997/2220

1998/2075

1998/2119

1998/2121

1998/2122

1998/2124

1998/2125

1998/2126

1998/2131

1998/2374

1998/2375

1998/2377

1998/2378

1998/2379

1999/2125

1999/2130

1997/2100

1997/2133

1997/2140

1997/2141

1997/2153

1998/2043

1998/2044

1998/2046

1998/2048

1998/2051

1998/2228

1998/2368

1998/2394

1990/0349

1990/0981

1992/2292

1994/2236

1995/2046

1994/2289

1995/2054

1995/2082

1995/2084

1995/2112

1995/2149

1995/2178

1995/2179

C 30/172

EN

Official Journal of the European Communities

30.1.2001

Sector

Directives (CELEX code)

Member
State

Infringement
No

Internal market
(continued)

31977L0092

31989L0048; 31992L0051

31977L0453

31992L0049; 31992L0096

Consumers

Taxation

Transport

31989L0048

31978L0660

31983L0349

31990L0604

31990L0605

31985L0374

31992L0050

31985L0374

31985L0374

31993L0013

31994L0047

31994L0047

31993L0013

31993L0013

31993L0013

31993L0013

31993L0013

31993L0013

31994L0047

31993L0013

31993L0013

31990L0314

31993L0013

31990L0314

31994L0047

31994L0047

31994L0047

31993L0013

31993L0013

31994L0047

31977L0799

31977L0799

31993L0075

31991L0439

31991L0439

31991L0439

31991L0439

31991L0439

31991L0439

31993L0089

31991L0670

31992L0106

31994L0055

E

E

B

F

F

UK

UK

UK

UK

A

I

EL

F

NL

S

IRL

F

I

EL

D

S

IRL

P

DK

FI

EL

A

L

L

E

I

E

L

B

D

UK

F

L

EL

I

NL

D

A

B

F

FI

D

1995/4242

1995/4918

1996/2078

1996/2079

1996/2254

1997/2235

1997/2238

1997/2242

1997/2243

1997/2248

1997/4522

1998/2231

1998/2245

1994/2170

1998/2008

1998/2010

1998/2025

1998/2026

1998/2028

1998/2029

1998/2032

1998/2033

1998/2034

1998/2266

1998/2268

1998/2275

1998/2286

1998/2388

1999/2041

1999/2042

1999/2043

1999/2067

1999/2068

1999/2133

1990/6019

1996/2196

1995/2216

1996/2213

1996/2214

1996/2219

1996/2220

1997/2027

1997/2028

1997/2049

1997/2143

1997/2145

1998/2079

30.1.2001

EN

Official Journal of the European Communities

C 30/173

Sector

Directives (CELEX code)

Member
State

Infringement
No

Transport (continued)

31995L0019
31996L0026
31996L0053
31996L0053
31996L0098
31996L0018
31996L0053
31991L0439
31994L0057
31994L0057
31996L0067

P
FI
S
F
D
B
P
E
I
D
I

1998/2168
1998/2269
1998/2330
1999/2002
1999/2004
1999/2135
1999/2140
1999/2167
1999/2252
1999/4137
1999/4472

C 30/174

EN

Official Journal of the European Communities

30.1.2001

PART 3: INFRINGEMENTS FOR INCORRECT APPLICATION OF NATIONAL MEASURES IMPLEMENTING

THE DIRECTIVES

Sector

Directives (CELEX code)

Member
State

Infringement
No

Agriculture

31983L0189; 31988L0182
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31979L0112
31985L0073; 31993L0118
31979L0112
31983L0189
31972L0462; 31985L0073; 31990L0675; 31993L0118
31992D0486; 31993D01088; 31994D0034
31969L0433; 31971L0118; 31977L0099; 31991L0495
31964L0433; 31991L0498
31964L0433; 31991L0498
31964L0433; 31991L0498
31992D0562; 31994D0562; 31994D0382; 31996D0449
31971L118
31964L0433; 31996D0239; 31996D0362
31990L0667; 31996D0449
31983L0189; 31998L0034
31989L0662; 31990L0425
31964L0433; 31989L0662

Competition

31995L0051
31990L0388; 31996L0002
31980L0723; 31993L0084
31996L0002
31996L0002
31994L0046
31996L0002
31997L0067
31990L0388; 31996L0019
31996L0092

Television without fron-
tiers

31989L0552
31989L0552

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

DK
EL
EL
A
EL
EL
I
I
L
E

I
EL

1993/2267
1994/2110
1994/2113
1994/2118
1994/2130
1994/2132
1994/2143
1994/2144
1994/2145
1994/2225
1994/2226
1994/2227
1994/2228
1994/2229
1994/2230
1994/2231
1994/2232
1994/2233
1994/2234
1994/2181
1994/4603
1995/0652
1995/2011
1995/2122
1995/4080
1996/2022
1996/2024
1996/2026
1997/2117
1997/2138
1997/2152
1997/2216
1998/4757
1999/2141
1999/2247

1993/4863
1996/2237
1996/2253
1997/4873
1998/2100
1998/4591
1998/5110
1999/4725
1999/4784
1999/4915

1994/4750
1995/4452

30.1.2001

EN

Official Journal of the European Communities

C 30/175

Sector

Directives (CELEX code)

Member
State

Infringement
No

Television without fron-

31989L0552

tiers (continued)

31997L0036

Employment
affairs

and social 31968L0360

31975L0117; 31979L0007

Industry

31976L0768

31983L0189; 31988L0182

31990L0396

31983L0189; 31988L0182

31989L106

31965L0065

31983L0417

31992L0050

31992L0053; 31994L0012

31973L0023

31983L0189; 31988L0182

31983L0189; 31988L0396

31983L0189; 31988L0182

31983L0189; 31988L0182

31983L0189; 31988L0182

31983L0189; 31988L0182

31983L0189; 31988L0182

31988L0378

31979L0112

31993L0015

31995L0002

31989L0105

31989L0392; 31993L0068

31994L0012

31992L0050

31983L0189; 31988L0182

31983L0189; 31988L0182

31995L0002

31979L0112

31979L0112

31989L392

31989L0392

31989L0392

31989L0392

31989L0392

31994L0020

31992L023

31991L0441

31994L0025

31998L0034

31998L0034

31998L0037

31998L0037

E

B

NL

EL

F

EL

I

EL

EL

UK

NL

I

S

I

B

D

IRL

EL

F

F

F

F

P

D

E

FIN

I

D

I

B

F

E

E

EL

D

B

I

E

NL

E

I

I

UK

P

S

NL

UK

1998/4572

1999/4250

1995/4787

1991/4668

1992/4812

1993/0508

1993/2294

1994/0621

1994/4276

1994/4658

1995/2309

1997/4954

1995/4067

1995/4272

1996/0556

1996/4294

1996/0007

1997/0032

1997/0193

1997/0194

1997/0199

1997/2102

1997/2196

1997/4054

1997/4320

1997/4349

1997/4431

1997/4441

1997/4954

1998/0102

1998/0765

1998/2309

1998/2328

1998/4129

1998/4230

1998/4233

1998/4234

1998/4235

1998/4236

1998/4396

1998/4425

1998/4647

1998/4724

1999/4086

1999/4391

1999/4309

1999/4332

C 30/176

EN

Official Journal of the European Communities

30.1.2001

Sector

Directives (CELEX code)

Member
State

Infringement
No

Industry (continued)

31973L0023

31973L0023

31994L0025

31994L0025

31990L0396

31989L0105

31980L0777

Environment

31976L0160

31979L0409; 31985L0411

31976L0160

31979L0409; 31985L0411

31979L0409; 31985L0411

31980L0836; 31984L0467

31975L0442; 31978L0319

31976L0464

31976L0160

31976L0160

31976L0160

31976L0464

31979L0409; 31992L0043

31975L0442

31976L0464

31976L0464

31976L0464; 31982L0176; 31983L0513; 31984L0156;
31986L0280; 31984L0491

31976L0464; 31983L0513

31975L0439; 31987L0101

31980L0068

31976L0464

31976L0464

31976L0464

31976L0464

31980L0779; 31984L0360; 31985L0203

31979L0409; 31992L0043

31976L0464

31979L0923

31976L0464

31982L0501

31979L0409; 31992L0043

31979L0409; 31992L0043

31975L0440

31984L0156

31979L0409; 31992L0043

31975L0440

31979L0409; 31992L0043

31979L0409

31975L0442; 31976L0160; 31976L0464; 31980L0068;
31996L0059

D

NL

P

P

D

F

D

UK

NL

I

L

E

L

EL

EL

D

B

E

D

F

I

E

EL

E

NL

D

UK

B

F

L

P

EL

F

I

I

UK

I

E

F

P

P

F

F

F

D

EL

1999/4671

1999/4672

1999/4690

1999/4914

1999/4966

1999/5178

1999/2189

1986/0214

1987/0176

1987/0356

1988/0172

1988/0295

1988/0487

1989/0138

1989/0303

1989/0317

1989/0416

1989/0418

1989/2343

1989/4910

1990/0262

1990/0960

1990/0979

1990/2190

1990/4113

1990/5097

1990/5242

1991/0205

1991/0206

1991/0207

1991/0556

1991/0636

1991/0640

1991/0642

1991/0743

1991/0785

1991/2065

1991/4380

1991/4599

1992/2300

1992/2303

1992/4052

1992/4200

1992/4527

1992/4575

1992/4682

30.1.2001

EN

Official Journal of the European Communities

C 30/177

Sector

Directives (CELEX code)

Member
State

Infringement
No

Environment (continued)

31975L0442; 31991L0156

31979L0409

31990L0313

31975L0442; 31976L0464; 31985L0337

31979L0409

31989L0369

31991L0676

31991L0676

31999L0157

31999L0157

31991L0157

31991L0157

31991L0156

31985L0337

31979L0409; 31992L0043

31986L0609

31982L0501

31979L0409

31989L0618

31992L0043

31992L0043

31992L0043

31992L0043

31992L0043

31992L0043

31992L0043

31992L0043

31979L0409; 31992L0043

31975L0442; 31993R0259

31979L0409; 31985L0337; 31992L0043

31992L0014

31992L0043

31992L0043

31992L0043

31992L0043

31976L0160

31976L0160

31976L0160

31991L0676

31979L0409; 31992L0043

31990L0313

31992L0043

31979L0409; 31992L0043

31985L0337

31985L0337

31979L0409; 31985L0337; 31992L0043

31979L0409; 31992L0043; 31985L0337

31979L0923

31979L0409; 31992L0043

P

I

UK

P

NL

E

E

F

F

B

EL

E

P

P

F

P

E

EL

E

S

FIN

D

L

NL

IRL

F

E

B

D

IRL

B

A

DK

I

UK

F

P

NL

E

P

D

D

A

E

D

A

IRL

UK

F

1993/2159

1993/2165

1993/4022

1993/4085

1993/4479

1993/4621

1994/2240

1994/2246

1994/2270

1994/2271

1994/2273

1994/2277

1994/2282

1994/4239

1994/4733

1994/4735

1994/4865

1994/5069

1995/2041

1995/2223

1995/2224

1995/2225

1995/2226

1995/2228

1995/2229

1995/2230

1995/2231

1995/4435

1995/4727

1995/4840

1995/4970

1996/2089

1996/2090

1996/2091

1996/2092

1996/2107

1996/2108

1996/2109

1996/2205

1996/2206

1996/4055

1996/4181

1996/4316

1996/4361

1996/4503

1996/4505

1996/4646

1996/4756

1997/2004

C 30/178

EN

Official Journal of the European Communities

30.1.2001

Sector

Directives (CELEX code)

Member
State

Infringement
No

Environment (continued)

31991L0271

31991L0157

31990L0313

31980L0778

31994L0062

31975L0442; 31991L0689; 31994L0062

31991L0156; 31994L0062

31991L0156; 31991L0689; 31994L0062

31991L0156; 31991L0689; 31994L0062

31991L0156; 31991L0689; 31994L0062

31991L0156; 31991L0689; 31994L0062

31991L0156; 31991L0689; 31994L0062

31991L0156; 31991L0689; 31994L0062

31991L0442; 31991L0689; 31994L0062

31991L0156; 31991L0689; 31994L0062

31994L0062

31975L0442; 31991L0689; 31994L0062

31991L0676

31980L0778

31980L0778

31979L0409

31975L0442

31991L0442; 31979L0409; 31985L0337; 31992L0043

31975L0442; 31985L0337

31976L0160

31991L0676

31975L0442; 31976L0464

31976L0464; 31991L0271

31991L0271

31990L0220

31975L0440; 31976L0464; 31978L0176; 31978L0659

31975L0440; 31976L0464; 31978L0176; 31978L0659

31975L0440; 31976L0464; 31978L0176; 31978L0659;
31979L0869; 31979L0923; 31980L0068; 31980L0778;
31991L0692

31976L0464; 31978L0176; 31980L0068; 31991L0692

31975L0440; 31978L0176; 31979L0869; 31979L0923

31975L0440; 31976L0464; 31978L0176; 31978L0659

31991L0676

31975L0442

31991L0689

31991L0689

31991L0689

31991L0689

31991L0689

31991L0689

31991L0689

31991L0689

31991L0689

E

P

P

A

B

DK

D

F

L

E

IRL

I

FIN

S

UK

NL

EL

L

P

IRL

E

F

IRL

EL

UK

B

IRL

P

B

F

B

E

L

I

IRL

P

NL

E

D

A

B

DK

F

EL

IRL

I

P

1997/2069

1997/2073

1997/2093

1997/2155

1997/2175

1997/2176

1997/2177

1997/2178

1997/2179

1997/2180

1997/2181

1997/2182

1997/2183

1997/2184

1997/2185

1997/2189

1997/2190

1997/2192

1997/4179

1997/4409

1997/4466

1997/4626

1997/4705

1997/4726

1997/4742

1997/4750

1997/4792

1997/4796

1998/2012

1998/2023

1998/2060

1998/2062

1998/2063

1998/2065

1998/2066

1998/2067

1998/2158

1998/2162

1998/2169

1998/2170

1998/2171

1998/2172

1998/2173

1998/2174

1998/2175

1998/2176

1998/2178

30.1.2001

EN

Official Journal of the European Communities

C 30/179

Sector

Directives (CELEX code)

Member
State

Infringement
No

Environment (continued)

31991L0689

31991L0271

31976L0160

31979L0409

31990L0220

31991L0692

31992L0043

31992L0043

31979L0409; 31992L0043

31979L0409; 31992L0043

31979L0409; 31992L0043

31979L0409; 31992L0043

31979L0409; 31992L0043

31992L0043

31992L0043

31978L0659

31992L0043

31990L0313

31979L0409

31979L0409

31979L0409; 31992L0043

31979L0409

31979L0409

31985L0337

31985L0337; 31992L0043

31991L0271

31991L0271

31992L0043

31975L0439; 31975L0442; 31986L0278; 31991L0692

31975L0439; 31975L0442; 31986L0278; 31991L0692

31975L0439; 31975L0442; 31986L0278; 31991L0692

31975L0439; 31975L0442; 31986L0278; 31991L0692

31976L0160

31976L0160

31976L0160

31976L0160

31989L0369; 31989L0429

31994L0062

31979L0409

Justice and home affairs

31990L0364; 31990L0365; 31990L0366

31973L0148

31964L0221

31964L0221

31973L0148; 31990L0365

31968L0360; 31973L0148

31973L0148; 31990L0365

31968L0360

31964L0221; 31973L0148

UK

D

F

FIN

F

F

EL

EL

IRL

I

L

NL

P

D

E

FIN

D

B

NL

E

P

E

A

IRL

IRL

IRL

I

B

EL

I

P

E

FIN

S

DK

I

F

E

IRL

I

F

D

F

IRL

B

IRL

EL

EL

1998/2179

1998/2194

1998/2196

1998/2208

1998/2238

1998/2276

1998/2277

1998/2291

1998/2292

1998/2293

1998/2294

1998/2295

1998/2296

1998/2298

1998/2299

1998/2349

1998/4096

1998/4154

1998/4174

1998/4180

1998/4203

1998/4341

1998/4442

1998/4701

1998/4952

1998/5000

1999/2020

1999/2039

1999/2099

1999/2100

1999/2101

1999/2102

1999/2136

1999/2142

1999/2156

1999/2157

1999/4014

1999/4222

1999/4437

1994/2218

1995/4317

1997/2207

1997/4106

1998/4112

1998/4226

1998/4380

1998/4499

1998/4734

C 30/180

EN

Official Journal of the European Communities

30.1.2001

Sector

Directives (CELEX code)

Member
State

Infringement
No

Justice and home affairs

31973L0148

(continued)

31993L0096

Internal market

31964L0221; 31968L0360

31968L0360; 31973L0148; 31990L0364; 31990L0365

31978L0686

31973L0148

31968L0151; 31978L0660

31978L0686; 31978L0687

31978L0686; 31978L0687

31989L0048

31971L0305; 31977L0062; 31988L0295

31985L0432

31977L0453

31991L0542

31988L0295

31968L0368

31985L0384

31989L0048

31989L0048

31992L0051

31993L0037

31993L0036; 31993L0037

31984L0005

31993L0037

31993L0037

31992L0049

31971L0305; 31993L0037

31992L0049

31991L0308

31993L0038

31992L0050

31989L0048

31997L0092

31989L0665; 31993L0037

31978L0686

31992L0050

31992L0050; 31993L0036

31989L0048

31989L0440; 31989L0665

31993L0036

31989L0048

31992L0050

31977L0452; 31977L0453

31978L0686; 31978L0687

31992L0050

31990L05311; 31992L0050; 31993L0036; 31993L0037;
31993L0038

31992L0050

E

NL

UK

S

D

B

D

E

I

F

I

I

E

EL

IRL

EL

I

E

D

I

B

NL

E

F

F

D

B

B

A

F

UK

B

E

A

D

B

I

D

I

I

D

I

B

I

IRL

A

UK

1998/5022

1998/5037

1998/5046

1999/2011

1987/0434

1989/0228

1990/0322

1990/0411

1990/0412

1990/4379

1991/0725

1991/0820

1991/4352

1993/4368

1994/0608

1994/4176

1994/4270

1994/4348

1994/4568

1994/4639

1994/4646

1994/4800

1995/2048

1995/2098

1995/2107

1995/2108

1995/2110

1995/2112

1995/2121

1995/2252

1995/4052

1995/4173

1995/4242

1995/4325

1995/4336

1995/4379

1995/4415

1995/4533

1995/4646

1995/4716

1995/4816

1995/5004

1996/2068

1996/2179

1996/4032

1996/4081

1996/4463

30.1.2001

EN

Official Journal of the European Communities

C 30/181

Sector

Directives (CELEX code)

Member
State

Infringement
No

Internal market

(continued)

31992L0050

31993L0036

31989L0665; 31992L0050; 31993L0036

31992L0050

31993L0038

31992L0050

31993L0037

31992L0050

31993L0037

31992L0050

31992L0050

31992L0050

31985L0384

31993L0037

31993L0037

31992L0050

31992L0050

31993L0036

31992L0049; 31995L0026

External relations

31977L0388

Consumers

31983L0189; 31988L0182

31990L0088

31985L0073; 31993L0118

31972L0462; 31985L0073; 31990L0675; 31993L0118

31969L0433; 31971L0118; 31977L0099; 31991L0495

31964L0433; 31991L0498

31964L0433; 31991L0498

31964L0433; 31991L0498

31964L0433; 31991L0498

31991L0628; 31991L0630; 3193L0119

31941L0628

31990L0667; 31996F0449

31994L0381

31990L0667; 31994D0381; 31996D0449

31990L0667; 31994D0381; 31996D0449

31971L118

31964L0433; 31996D0239; 31996D0362

31964L433; 31989L0662

31990L0667; 31996D0449

31968L0193

31991L0628; 31993L0119

31991L0414

31993L0013

31990L0428

31971L0118; 31990L0675; 31991L0494

31990L0428

31997L0504; 31987L0320

F

I

A

UK

F

D

I

I

E

I

UK

I

B

F

A

I

D

EL

P

EL

NL

UK

EL

EL

F

F

D

L

IRL

A

I

NL

I

S

FIN

UK

UK

D

P

D

F

NL

I

D

F

DK

D

1996/4543

1996/4623

1996/4698

1997/2136

1997/4017

1997/4076

1997/4218

1997/4230

1997/4493

1997/4498

1997/4872

1997/4949

1998/2227

1998/4255

1998/4428

1998/4547

1998/4610

1998/4984

1999/4692

1995/4906

1993/2267

1994/2069

1994/2181

1995/2011

1995/4080

1996/2022

1996/2023

1996/2024

1996/2026

1996/4426

1996/4669

1997/2111

1997/2114

1997/2116

1997/2124

1997/2138

1997/2152

1997/2205

1997/2216

1997/4242

1997/4345

1997/4420

1997/4444

1997/4585

1997/4596

1997/4708

1997/4843

C 30/182

EN

Official Journal of the European Communities

30.1.2001

Sector

Directives (CELEX code)

Member
State

Infringement
No

Consumers (continued)

31990L0667

31964L432; 31972L0462

31964L0432; 31972L0462; 31991L0496

31964L432; 31911L496

31964L0432; 31991L0496

31991L628

31977L101; 31991L516; 31992L0087

31991L0492

31991L0174

31991L0414

31964L0433; 31991L0495

31992L0353

31993L0119

31997L0099

31966L0401

31964L0432; 31990L0425; 31998D0412

31998L0034

31998L0034

31977L0093; 31992L0076

31985L0073

31991L0414

31964L0433

31991L0629; 31991L0630

31991L0629; 31991L0630

31991L0629; 31991L0630

31991L0629; 31991L0630

31991L0629; 31991L0630

31964L0433; 31995L0023

31964L0433

31989L0662; 31990L0425

31964l0434; 31990L0425; 31991L0628

31991L0628; 31993L0119

31964L0433; 31989L0662

31964L0433; 31989L0662

31991L0174

31964L0433; 31989L0662; 31994L0065

31970L0457

31964L0433; 31992L0120; 31996L0077

31966L0400; 31966L0401; 31966L0402; 31968L0209

31966L0400; 31966L0401; 31966L0402; 31966L0403

31997D0534; 31997D0866; 31998L0034

31993L0119

31991L0628

31968L0193; 31971L0140

31989L0662; 31990L0425

31977L0388

31977L0388

31977L0388

Taxation

B

A

D

F

I

E

F

S

E

I

D

B

F

D

DK

NL

NL

NL

EL

B

EL

NL

D

EL

F

IRL

P

I

B

B

UK

B

F

D

F

S

EL

F

A

UK

E

F

I

D

F

EL

IRL

NL

1998/2095

1998/2106

1998/2107

1998/2108

1998/2109

1998/2160

1998/2244

1998/2390

1998/4270

1998/4306

1998/4324

1998/4449

1998/4490

1998/4563

1998/4661

1998/4884

1998/4944

1998/4945

1998/5100

1998/5126

1998/5134

1999/2050

1999/2060

1999/2061

1999/2062

1999/2063

1999/2064

1999/2114

1999/2138

1999/2141

1999/2166

1999/2189

1999/2247

1999/2248

1999/4048

1999/4183

1999/4265

1999/4360

1999/4394

1999/4501

1999/4502

1999/4506

1999/4624

1999/4724

1999/4832

1988/0199

1988/0200

1988/0201

30.1.2001

EN

Official Journal of the European Communities

C 30/183

Sector

Directives (CELEX code)

Member
State

Infringement
No

Taxation (continued)

31977L0388

31977L0388

31977L0388

31969L0335

31977L0388; 31989L0465

31977L0388; 31979L1072

31977L0388

31977L0388

31977L0388

31977L0388

31977L0388

31992L0077

31995L0057

31992L0012

31992L0012; 31992L0083; 31992L0075

31977L0388

31977L0388

31992L0081; 31992L0082

31977L0388

31977L0388; 31992L0012

31977L0388

31977L0388

31977L0388

31992L0012; 31992L0082

31992L0083

31992L0012

31977L0388

31992L0082

31977L0388

31977L0388

31977L0388

31977L0388

31977L0388

31977L0388

31977L0388

31977L0388

31977L0388

31992L0079; 31995L0059

31977L0388

31977L0388

Transport

31992L2407; 31992L2408; 31992L2409

31992L2407; 31992L2408; 31992L2409

31992L2407; 31992L2408; 31992L2409

31992L2407; 31992L2408; 31992L2409

31992L2407; 31992L2408; 31992L2409

31992L2407; 31992L2408; 31992L2409

31991L670

31992L0106

UK

F

F

EL

NL

F

D

B

D

UK

NL

P

EL

B

F

F

A

FIN

F

EL

FIN

E

F

I

EL

A

I

I

F

D

E

FIN

I

P

UK

S

D

F

F

EL

B

L

DK

FIN

S

A

B

I

1988/0202

1988/0213

1989/5085

1991/2193

1992/2241

1992/4607

1993/2142

1993/2174

1993/2229

1994/2099

1994/2100

1994/2178

1994/4034

1994/4860

1995/2151

1995/4515

1996/4733

1997/2071

1997/2104

1997/2148

1997/2156

1997/2172

1997/2215

1997/2251

1997/4099

1997/4358

1997/4365

1997/4868

1998/2103

1998/2133

1998/2136

1998/2137

1998/2138

1998/2139

1998/2140

1998/2141

1998/2232

1998/4061

1998/4401

1998/4088

1995/2085

1995/2086

1995/2087

1995/2088

1995/2089

1995/2090

1995/4152

1995/4557

C 30/184

EN

Official Journal of the European Communities

30.1.2001

Sector

Directives (CELEX code)

Transport (continued)

31993L0089
31996L0067; 31997L0187
31994L0057
31994L0057
31994L0057
31994L0057
31976L0135

Member
State

Infringement
No

A
D
F
I
IRL
P
F

1996/2059
1998/5036
1999/2007
1999/2008
1999/2009
1999/2010
1999/4252

30.1.2001

EN

Official Journal of the European Communities

C 30/185

JUDGMENTS OF THE COURT OF JUSTICE UP TO 31 DECEMBER 1999 NOT YET IMPLEMENTED

ANNEX V

BELGIUM

Judgment given on 8.7.1999, Case C-203/98

Judgment given on 27.9.1988, Case C-42/87

Aerial photos, restriction on freedom to provide services

Judgment given on 3.5.1994, Case C-47/93

The Commission has contacted the Belgian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Discrimination in public financing; non university further education

Judgment given on 14.9.1999, Case C-170/98

Referred to the Court under Article 228(2), accompanied by a request
for imposition of a penalty payment.

Cargo-sharing arrangements in the bilateral agreement between Belgium
and Zaire

Judgment given on 19.2.1991, Case C-375/89

The Belgian authorities have informed the Commission of
adaptation of the agreement. The measures are being examined.

the

Aid for IdealspunBeaulieu

Judgment given on 14.9.1999, Case C-171/98

Proceedings in the Ghent Court of Appeal are still in motion.

Judgment given on 24.3.1994, Case C-80/92

Free movement of wireless telephones

Cargo-sharing arrangements in the bilateral agreement between BLEU and
Togo

The Belgian authorities have
the measures
implementing the Court’s judgment, which are now being examined
by the Commission.

communicated

Progress is being made.

Judgment given on 14.9.99, Case C-201/98

Judgment given on 15.10.1998, Case C-268/97

Non-conformity of Belgian legislation with Council Directive 86/609/EEC
relating to the protection of animals used for experimental and other scientific
purposes

Cargo-sharing arrangements in the bilateral agreements between Belgium
and the MCWCS countries

The Belgian authorities (BLEU) have informed the Commission of the
adaptation of the agreement. The measures are being examined.

Article 228 proceedings have been commenced and are continuing
solely in respect of non-compliance with Article 22 of the Directive.

GERMANY

Judgment given on 21.1.1999, Case C-207/97

Judgment given on 20.9.1990, Case C-5/89

Bug-Alutechnik — repayment of a grant

Failure to notify programmes to reduce pollution caused by certain dangerous
substances discharged into the aquatic environment of the Community

Progress is being made.

The German authorities informed the Commission on 23 December
1999 that the Bundesverwaltungsgericht had rejected the recipient’s
request for a review for the aid and that the latter had repaid the aid
in question. The case will be terminated in early 2000.

Judgment given on 20.6.1999, Case C-172/98

Judgment given on 29.9.1998, Case C-191/95

Law on non-profit associations: obligation for the executive organ to include
at least one Belgian member

Deposit of annual accounts with the Companies Register

The Commission has contacted the Belgian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Progress is being made. The bill transposing the Directive was passed
by the Bundestag in December 1999 and is due to be passed by the
Bundesrat in early February 2000.

C 30/186

EN

Official Journal of the European Communities

30.1.2001

Judgment given on 22.10.1998, Case C-301/95

Judgment given on 7.4.1992, Case C-45/91

Incorrect transposal of Council Directive 85/337/EEC on the assessment of
the impact of certain public or private projects on the environment

Waste, village in Crete

Article 228 proceedings are continuing.

Proceedings before the Court are continuing; the Advocate-General
delivered his conclusions on 28 September 1999.

Judgment given on 22.4.1999, Case C-272/97

Judgment given on 23.31995, Case C-365/93

Failure to notify national measures transposing the Council Directive on
consolidated accounts

Recognition of higher education diplomas

Progress is being made. The bill transposing the Directive was passed
by the Bundestag in December 1999 and is due to be passed by the
Bundesrat in early February 2000.

Proceedings before the Court are continuing.

Judgment given on 2.7.1996, Case C-290/94

Judgment given on 8.6.1999, Case C-198/97

Access to employment: nationality discrimination

Quality of bathing water

The German authorities have communicated measures, which are
being examined by the Commission.

Article 228 proceedings have been pursued through the issuing of a
reasoned opinion. The referral to the Court pursuant to Article 228(2)
of the Treaty has been stayed and the Greek authorities have been
contacted in order to verify the situation regarding implementation
of the Court’s judgment.

Judgment given on 9.9.1999, Case C-102/97

Judgment given on 22.10.1997, Case C-375/95

Disposal of waste oils, regeneration

Tax on second-hand cars

The Commission has contacted the German authorities to ascertain
what measures are planned to comply with the Court’s judgment.

This case is partially settled, but proceedings are continuing in respect
of one complaint outstanding.

Judgment given on 9.9.1999, Case C-217/97

Judgment given on 27.11.1997, Case C-62/96

Access to information

Licensing and flag rights for fishing vessels and merchant ships

The Commission has contacted the German authorities to ascertain
what measures are planned to comply with the Court’s judgment.

The Commission has received a draft decree terminating the infringe-
ment. Formal adoption and publication of the decree is awaited.

Judgment given on 11.11.1999, Case C-184/97

Judgment given on 11.6.1998, Case C-232/95

Failure to notify programmes to reduce pollution caused by certain dangerous
substances discharged into the aquatic environment of the Community

Recent judgment.

GREECE

Judgment given on 8.11.1990, Case C-53/88

Protection of workers in the event of insolvency of employers

Pollution of Lake Vegoritis, dangerous substances discharged into the aquatic
environment

The Greek authorities have communicated a series of measures
designed to comply with the Court’s judgment, and these are being
examined by the Commission.

Judgment given on 15.10.1998, Case C-385/97

Failure to notify national measures transposing Council Directive 93/118/EC
on the financing of health inspections and controls of fresh meat and
poultrymeat

The Greek authorities have communicated measures which are being
examined by the Commission.

Article 228 proceedings have been commenced and are continuing.

30.1.2001

EN

Official Journal of the European Communities

C 30/187

Judgment given on 29.10.1998, Case C-185/96

Judgment given on 12.2.1998, Case C-92/96

Nationality discrimination: recognition of large-family status

Article 228 proceedings have been commenced.

Judgment given on 8.7.1999, Case C-215/98

Incorrect application of Council Directive 76/160/EEC concerning the
quality of bathing water as regards inland waters

Article 228 proceedings have been commenced.

Absence of programmes
required by Article 6 of Council Directive
91/157/EEC on batteries and accumulators containing certain dangerous
substances

Judgment given on 28.5.1998, Case C-298/97

Article 228 proceedings have been commenced.

Judgment given on 21.10.1999, Case C-391/98

Failure to notify national measures transposing Council Directive 93/43/EEC
on the hygiene of foodstuffs

The Commission has contacted the Greek authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Judgment given on 28.10.1999, Case C-187/98

Equality between men and women in matters of social security

The Commission has contacted the Greek authorities to ascertain
what measures are planned to comply with the Court’s judgment.

SPAIN

Failure to notify programmes required by Article 6 of Council Directive
91/157/EEC on batteries and accumulators containing certain dangerous
substances.

Progress is being made. The Spanish authorities have submitted a
copy of the Official Gazette containing the agreement of conformity
of the Sectoral Environment Conference with the National Used
Batteries programme. A copy of this programme will be notified to
the Commission in the near future.

Judgment given on 1.10.1998, Case C-71/97

Incorrect application of Council Directive 91/676/EEC concerning the
protection of waters against pollution caused by nitrates from agricultural
sources

Progress is being made. The Spanish authorities have provided
notification of designated vulnerable zones and codes of good
agricultural practice. However, the Commission is still awaiting the
official publication of these designations and codes for certain regions.

Judgment given on 22.3.1994, Case C-375/92

Judgment given on 25.11.1998, Case C-214/96

Restrictions on freedom to provide services as tourist guides

Progress is being made. The Spanish authorities have transmitted
draft provisions and adoption timetables; a few amendments are still
needed in certain regional legislations.

Judgment given on 17.7.1997, Case C-52/96

Transfer of pension rights

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)

The Spanish authorities have communicated all the catchment basin
management plans, including provisions relating to discharges. These
measures are being examined by the Commission.

Progress is being made. A Royal Decree terminating the infringement
has been tabled and is due to be approved shortly by Spain’s Council
of Ministers.

FRANCE

Judgment given on 9.10.1997, Case C-21/96

Radiological protection of patients subject
treatment

to medical examination or

Judgment given on 11.6.1991, Case C-64/88

Fisheries: failure to monitor compliance with technical conservation measures

Progress is being made.

Substantial shortcomings persist. Article 228 proceedings are in
motion.

C 30/188

EN

Official Journal of the European Communities

30.1.2001

Judgment given on 23.3.1997, Case C-197/96

Judgment given on 9.2.1999, Case C-354/97

Night work by women

The case has been referred to the Court under Article 228(2) of the
EC Treaty, together with a request for imposition of a penalty
payment.

Failure to notify national measures transposing Council Directive 94/28/EC
laying down the principles relating to the zootechnical and genealogical
conditions applicable to imports from third countries of bovine animals, their
semen, ova and embryos

Judgment given on 9.12.1997, Case C-265/95

Barriers to import of Spanish strawberries

Article 228 proceedings have been commenced.

Judgment given on 18.3.1999, Case C-166/97

The Commission has contacted the French authorities to remind
them of their obligations under the EC Treaty. The Commission is
continuing to check whether the Court’s judgment is being complied
with in practice.

Seine estuary: failure to classify a sufficiently large area as a special protection
area (SPA) and to establish an adequate protection regime

Article 228 proceedings have been commenced.

Judgment given on 12.2.1998, Case C-144/97

Judgment given on 19.5.1999, Case C-225/97

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

The French authorities have submitted a draft decree terminating the
infringement, and the Commission is awaiting enactment of this
decree.

Judgment given on 24.9.1998, Case C-35/97

Calculation of additional pension entitlements for frontier workers

The Commission is keeping in touch with the French authorities in
order to check whether the Court’s judgment is being complied with.

Incorrect transposal of Council Directive 92/13/EEC on the procurement
procedures of entities operating in the water, energy,
transport and
telecommunications sectors (review procedures)

The Commission has contacted the French authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Judgment given on 18.7.1999, Case C-354/98

Failure to notify national measures transposing Council Directive 96/97/EEC
amending Directive 86/378/EEC on the implementation of the principle of
equal treatment for men and women in occupational social security schemes

Article 228 proceedings have been commenced.

Judgment given on 15.10.1998, Case C-284/97

IRELAND

Failure to notify national measures transposing Council Directive 93/40/EEC
amending Council Directive 81/851/EEC on the approximation of the laws
of the Member States relating to veterinary medicinal products

Public supply contracts: fertiliser deliveries — Irish Forestry Board Ltd

Judgment given on 17.12.1998, Case C-353/96

The French authorities have submitted a draft decree terminating the
infringement, and the Commission is awaiting enactment of this
decree.

The Commission is keeping in touch with the Irish authorities in
order to check whether the Court’s judgment is being complied with.

Judgment given on 22.10.98, Case C-184/96

Preparations based on foie gras

Judgment given on 21.9.1999, Case C-392/96

Non-conformity of Irish legislation with various provisions of Council
Directive 85/337/EEC on the assessment of the effects of certain public and
private projects on the environment

Progress is being made. The French authorities have submitted
measures, and the Commission is awaiting enactment of these
measures.

The Commission has contacted the Irish authorities to ascertain what
measures are planned to comply with the Court’s judgment.

30.1.2001

EN

Official Journal of the European Communities

C 30/189

Judgment given on 12.10.1999, Case C-213/98

Judgment given on 1.10.1998, Case C-285/96

to notify national measures

transposing Council Directive
Failure
92/100/EEC on rental right and lending right and on certain rights related
to copyright in the field of intellectual property

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)

Progress is being made.

Judgment given on 25.11.99, Case C-212/98

Failure to notify national measures transposing Council Directive 93/83/EEC
on the coordination of certain rules concerning copyright and rights related
to copyright applicable to satellite broadcasting and cable retransmission

Recent judgment.

ITALY

The Italian authorities have submitted to the Commission a set of
measures designed to give effect to the Court’s judgment, and these
are being examined.

Judgment given on 25.3.1999, Case C-112/97

Failure to allow the installation of gas appliances which comply with
Directive 90/396/EEC

Article 228 proceedings have been commenced.

Judgment given on 17.6.1999, Case C-336/97

Judgment given on 1.6.1995, Case C-40/93

Emergency plans for action outside establishments and informing of the
population (Seveso Directive 82/501/EEC)

Admission to the profession of dentist

The Commission is pursuing its contacts with the Italian authorities.

Progress is being made. The Italian authorities have submitted a draft
decree relating to the organisation of the aptitude test.

Judgment given on 9.11.1999, Case C-365/97

Judgment given on 29.2.1996, Case C-307/94

Waste: San Rocco valley

Failure to notify measures transposing the Council Directive coordinating
legislation relating to certain activities of pharmacists

Progress is being made. Following the commencement of Article 228
proceedings and discussions with the Member State, the remaining
difficulties are in the process of being resolved, in conjunction with
the amendment of the abovementioned directive, which is due to be
adopted shortly.

Judgment given on 29.1.1998, Case C-280/95

Failure to comply with Decision 93/496/EEC of 9 June 1993 on the
obligation to recover tax aid granted to professional road hauliers for the
year 1992

The Commission has contacted the Italian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Judgment given on 11.11.1999, Case C-315/98

Failure to notify national measures transposing Council 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

The Commission has contacted the Italian authorities to ascertain
what measures are planned to comply with the Court’s judgment.

Progress is being made. The Italian authorities have submitted a draft
law which terminates the infringement, and the Commission is
awaiting enactment of this law.

LUXEMBOURG

Judgment given on 18.6.1998, Case C-35/96

Compulsory tariffs to be applied by customs agents for providing customs
clearance services

Judgment given on 11.6.1998, Case C-206/96

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 Commission has pursued its contacts with the Italian authorities.
In the absence of a draft measure putting an end to the infringement,
the commencement of Article 228 proceedings is being considered.

The Commission is continuing its discussions with the Luxembourg
authorities after having found that only a part of the necessary
measures had been planned.

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Judgment given on 16.7.1998, Case C-339/97

AUSTRIA

Confined use of genetically-modified micro-organisms (Directive 94/51/EC)

Judgment given on 28.10.1999, Case C-328/96

Article 228 proceedings have been actively pursued. Progress is being
made.

Judgment given on 29.10.1998, Case C-410/97

Failure to notify national measures transposing Council Directive 92/29/EEC
on the minimum safety and health requirements for improved medical
treatment on board vessels

Public works contract: construction of an administrative and cultural centre
in lower Austria

Recent
judgment. The Commission has contacted the Austrian
authorities to ascertain what measures are planned to comply with
the Court’s judgment.

It has been decided to refer Luxembourg to the Court under Article
228(2) of the Treaty, together with a request for imposition of a
penalty payment.

PORTUGAL

Judgment given on 3.6.1999, Case C-417/97

Judgment given on 28.5.1998, Case C-213/97

Failure to notify national measures transposing Council Directive 93/22/EEC
of 10 May 1993 on investment services in the securities field

Progress is being made. The Commission is awaiting notification by
the Luxembourg authorities of the Grand-Ducal Regulation which
will put an end to this infringement.

Incomplete or incorrect transposal of Article 3 of and Annexes I and II to of
Council Directive 86/280/EEC, as amended by Directive 88/347/EEC, on
limit values and quality objectives for discharges of certain dangerous
substances

Progress is being made. The Commission is awaiting notification of
the programmes for the last two substances.

Judgment given on 14.9.1999, Case C-202/98

Cargo-sharing arrangements in the bilateral agreements between Luxembourg
and the MCWCS countries

The BLEU authorities have informed the Commission of the adap-
tation of these agreements. The measures are being examined.

Judgment given on 17.6.1998, Case C-214/97

Absence of cleaning-up plans required 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 24.10.1999, Case C-430/98

Article 228 proceedings have been commenced and are being actively
pursued.

Failure to notify national measures transposing Council Directive 94/45/EC
on the establishment of a European Works Council for the purposes of
informing and consulting employees

Judgment given on 18.6.1998, Case C-183/97

The Commission has contacted the Luxembourg authorities to
ascertain what measures are planned to comply with the Court’s
judgment.

Non-conformity of national measures
transposing Council Directive
80/68/EEC on the protection of groundwater against pollution caused by
certain dangerous substances

THE NETHERLANDS

Judgment given on 19.5.1998, Case C-3/96

Progress is being made. The Commission is examining the measures
communicated in order to ascertain whether the final outstanding
complaint has been resolved.

Judgment given on 18.6.1998, Case C-208/97

Failure to comply with obligation to designate special protection zones as
required by Directive 79/409/EEC on the conservation of wild birds

Article 228 proceedings are being actively pursued.

required by Article 4 of Council Directive
Absence of programmes
84/156/EEC on limit values and quality objectives for mercury discharges
by sectors other than the chloralkali electrolysis industry

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Article 228 proceedings have been pursued. Progress is being made.
Programmes have been communicated and are being examined by
the Commission.

UNITED KINGDOM

Judgment given on 14.7.1998, Case C-56/90

Judgment given on 21.1.1999, Case C-150/97

Quality of waters at Blackpool and Southport

Assessment of the effects of certain public and private projects on the
environment

Judgment given on 22.4.1999, Case C-340/96

Article 228 proceedings are being actively pursued.

Article 228 proceedings have been commenced. The Portuguese
authorities have communicated a Decree-Law repealing the provision
condemned in the Court judgment. The Commission is awaiting
publication of this Decree-Law.

Quality of water intended for human consumption

The United Kingdom authorities have communicated draft regu-
lations, which are being examined by the Commission.

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ANNEX VI

APPLICATION OF COMMUNITY LAW BY NATIONAL COURTS: A SURVEY

1.

Application of Article 234 of the EC Treaty

In 1999, 255 requests for preliminary rulings were made by the
national courts to the Court of Justice of the European Communities
(hereafter referred to as ‘the Court of Justice’) in cases where difficulties
arose in the interpretation of Community law or where there were
doubts as to the validity of Community Instruments.

When such references are recorded at the Court of Justice Registry,
they are published in full
Journal of the European
Communities. The table below shows the number of references from
each Member State over the last ten years (1).

in the Official

(1) The last three reports were published in OJ C 332, 3.11.1997, p. 198, OJ

C 250, 10.8.1998, p. 195 and OJ C 354, 7.12.1999, p. 182.

Number of references per Member State

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

Year

17

5

34

2

6

21

4

25

4

9

2

17

2

50

2

4

24

1

18

2

17

16

3

62

1

5

15

—

22

1

18

22

7

57

5

7

22

1

24

1

43

19

4

44

—

13

36

2

46

1

13

3

1

3

1

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

12

13

15

12

24

14

8

51

10

10

43

3

58

2

19

2

5

—

6

20

30

4

66

4

6

24

—

70

2

10

6

6

3

4

19

7

46

2

9

10

1

50

3

24

35

2

6

7

12

7

49

5

55

16

3

39

2

21

16

7

2

6

13

3

49

3

4

17

2

43

4

23

56

7

4

5

21

18

24

22

Total

142

186

162

204

203

251

256

239

264

255

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As in 1998, references were made by courts in all Member States. In
1999, preliminary rulings accounted for about 47 % of the 543 cases
brought before the Court. The table below shows the number of
references from courts of final instance in each Member State and
identifies the referring courts.

Origin and number of references by courts
of final instance in 1999, by Member State

Belgium

Denmark

Germany

Spain

France

Ireland

Italy

Conseil d’E´ tat

Højesteret

Bundesgerichtshof
Bundesverwaltungsgericht
Bundesfinanzhof
Bundessozialgericht

Tribunal Supremo

Cour de cassation
Conseil d’E´ tat

Supreme Court

Consiglio di Stato

Luxembourg

Cour administrative

1

1

2
1
4
9

2

1
4

1

2

1

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

3
Raad van State
8
Hoge Raad
Centrale Raad van Beroep
3
College van Beroep voor het Bedrijfsleven 3

Oberster Gerichtshof
Bundesvergabeamt
Verwaltungsgerichtshof
Vergabekontrollsenat

Supremo Tribunal Administrativo

Korkein Hallinto-oikeus
Korkein oikeus

Högsta Domstolen
Regeringsrätten

House of Lords
Court of Appeal

5
1
7
1

4

1
1

1
3

1
2

Only the Greek courts of
preliminary rulings.

final

instance made no requests for

2.

Significant judgments by national courts of final instance

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 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 many
judgments delivered each year by the superior courts in the various
countries. Each year, some 1 200 judgments relating to Community
law come to the attention of the Research and Documentation
Department.

2.2.

The research

Research was carried out on the following questions in relation to
decisions given or reported for the first time in 1999:

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, Factortame and Brasserie du Pêcheur?

In view of certain decisions made by the European Court of Human
Rights this year, a fifth question arises:

5. Were there any decisions of the European Court of Human
Rights which are of interest for the purposes of this survey?

Question 1

In Germany the Federal Administrative Court (Bundesverwaltungsgericht)
heard a case concerning an application by a female warrant officer in
the medical corps of the German army (Bundeswehr) to join the
combat units’ driving school. Without requesting a preliminary ruling
from the Court of Justice, the Bundesverwaltungsgericht made an order
of 20 May 1999 (2), rejecting the application on the grounds that the
pertinent provisions of German law, and in particular Article 12a(4)
of the Basic Law (Grundgesetz), preclude women from bearing arms
and restrict them to the medical and music corps. According to the
Bundesverwaltungsgericht, the German regulations are in accordance
with Community law since Article 2(2) of Directive 76/207/EEC, on

2.1.

Introduction

The following analysis illustrates developments in how Community
law is taken into account by the superior national courts.

(1) [1987] ECR 4199.
(2) Bundesverwaltungsgericht, decision of 20 May 1999, 1 WB 94/98. Neue
für
Zeitschrift
Beamtenrecht 1999. 161-165; Deutsche Verwaltungsblätter 1999, 1437-
1439; Die O¨ ffentliche Verwaltung 1999, 914-916).

für Verwaltungsrecht 1999, 1343-1345 (= Zeitschrift

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the implementation of the principle of equal treatment for men and
women as regards access to employment, vocational training and
promotion, and working conditions (1), excludes the armed forces
from its scope. On 13 July 1998, the Hanover Administrative Court
(Verwaltungsgericht Hannover) had already referred to the Court of
Justice (2) for a ruling on whether Directive 76/207/EEC precludes the
application of national provisions such as those of German law. The
Court replied in its judgment of 11 January 2000 (3).

decision. By requesting a preliminary ruling, the court does not decide
any question of law or fact and does not prejudge the outcome of the
case. The Cour d’appel concludes that unless such a judgment causes
some other form of immediate injury to one of the parties, it is a
decision or measure regulating the court’s transactions which, under
the terms of Article 1046 of the Judicial Code, cannot be appealed.
The reference to the Court of Justice by the Brussels Court of First
Instance (Tribunal de première instance de Bruxelles) thus stands (10). The
appellant, who had referred the matter to the Court of Cassation
(Cour de Cassation), has dropped the appeal.

In Germany again, the First Chamber (Erster Senat) of the Federal
Finance Court (Bundesfinanzhof) made a referral order on 9 September
1998 asking the Enlarged Chamber (Großer Senat) of the Bundesfinanzh-
of (4) to rule on whether the Bundesfinanzhof was obliged in a tax
dispute to refer to the Court of Justice for the interpretation of
Directive 78/660/EEC (5) on the annual accounts of certain types of
companies. In Germany, the provisions on income tax refer to the
commercial law transposing the Directive, which is not limited to
certain types of company like the Directive itself but applies to all
persons engaging in commercial activity (6). Referring to the Court of
Justice judgment of 17 July 1997 in Leur-Bloem (7), the First Chamber
argues that it is for the national court to assess the exact scope of a
reference by national law to Community law, in this case the reference
to the Directive by the German legislator.

By its decision of 29 April 1999, the Hamburg Finance Court
(Finanzgericht Hamburg) asked the Court of Justice to rule on its own
competence to interpret the Directive in tax disputes (8).

In Belgium the Brussels Court of Appeal (Cour d’appel de Bruxelles) held
on 5 March 1999 (9) that a judgment by which the national court
refers for a preliminary ruling to the Court of Justice cannot be
appealed. According to the Cour d’appel, such a judgment is neither a
final decision on the substance of the case or on subordinate matters
nor an interlocutory decision taken for examination pruposes or to
regulate the parties’ position provisionally pending a substantive

(1) OJ L 39, 14.2.1976, p. 40.
(2) OJ C 278, 5.9.1998, p. 31.
(3) Case C-285/98,

judgment not yet published in the ECR. Unlike the
Bundesverwaltungsgericht,
Justice holds that Directive
76/207/EEC precludes the application of national provisions, such as those
of German law, which impose a general exclusion of women from bearing
arms and restrict them to the medical and music corps.

the Court of

(4) Bundesfinanzhof, decision of 9 September 1998, I R 6/96. Sammlung der
Entscheidungen und Gutachten des Bundesfinanzhofes Band 187, 215-
223. The Enlarged Chamber of the Bundesfinanzhof consists of the
President of the Bundesfinanzhof and a member of each of its chambers.
According to Article 11(4), of the Code of Procedure before the Finance
Court (Finanzgerichtsordnung), a question of basic importance may be put
to the Enlarged Chamber when a chamber considers it necessary for the
development of law or to ensure coherent jurisprudence.

(5) Fourth Council Directive 78/660/EEC of 25 July 1978 based on
Article 54(3)(g) of the Treaty on the annual accounts of certain types of
companies (OJ L 222, 14.8.1978, p. 11).

(6) See Article 5 of the Income Tax Act (Einkommensteuergesetz).
(7) Case C-28/95 [1997] ECR 1-4161.
(8) OJ C 333, 20.11.1999, p. 13 (Case C-306/99); also published in Betriebs-
Berater 1999, 1866-1867 (= Entscheidungen der Finanzgerichte 1999,
1022-1034; Recht der Internationalen Wirtschaft 1999, 793-800).

(9) Cour d’appel de Bruxelles, 5 March 1999, No 322/96.

The Belgian Court of Arbitration (Cour d’arbitrage), in its judgment of
30 September 1999, partially annulled Article 6 of the Law of
10 December 1997 prohibiting advertising of tobacco products,
which transposes Directive 98/43/EC of 6 July 1998 (11). This was
done without acceding to the request of certain parties to refer to the
Court of Justice. Whereas Article 6(3) of the Directive provides for
Member States to be able to postpone its implementation until 30 July
2002 (as regards the press) or 2003 (as regards sponsorship), Article 6
of the Belgian law provides that it enters into force on 1 January
1999. The claimants argued, inter alia, that banning advertising and
sponsorship of tobacco products made it impossible to organise
events — in particular motor racing events — which were funded or
sponsored by the tobacco industry. Some of the claimants were
specifically critical of the failure to make special arrangements for
world-class events and to take advantage of the scope afforded by the
Directive for postponing these bans where such events are concerned.
The Cour d’arbitrage reviewed the aims of the law, namely to safeguard
public health by cutting tobacco consumption and to reduce the
social and financial costs of such consumption, and noted that, while
the financial and job losses which would inevitably result from such
bans were substantial, they could not in principle be disproportionate
if they were the price to be paid for safeguarding public health
it
effectively. On the other hand, as regards world-class events,
recognised that there was a significant risk of relocation since the
other Member States might avail themselves of Article 6(3) of the
Directive to postpone these bans. The Cour d’arbitrage also noted that
the law’s effectiveness will be significantly impaired since such events
are mainly viewed by televised retransmission and many viewers
would continue to see such programmes and would thus not be
affected by the bans. Bearing these two points in mind, the Cour
d’arbitrage held that the measure is disproportionate in the current
circumstances and breaches the principles of equality and non-
discrimination enshrined in Articles 10 and 11 of the Constitution,
read in conjunction with the principle of freedom to engage in
commerce and industry. The Cour d’arbitrage therefore annulled
Article 6 of the Law, but only in so far as it applies to world-class
events and activities before 1 January 2003. The Cour d’arbitrage was
also asked to rule on the compatibility of the advertising ban with
Article 28 (ex Article 30) of the EC Treaty. It considered that, quite
apart from the fact that what was at issue was a sales technique, this
measure would be equally applicable to all and would not represent
a barrier to free movement of goods. In any case, it would be justified
by the need to safeguard public health.

(10) Case C-108/96, pending.
(11) Directive 98/43/EC of the European Parliament and of the Council of
the laws, regulations and
6 July 1998 on the approximation of
administrative provisions of the Member States relating to the advertising
and sponsorship of tobacco products (OJ L 213, 30.7.1998, p. 9).

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In Greece, the Council of State (Symvoulio tis Epikrateias), despite a
dissenting minority view, declined to refer to the Court of Justice or
avoided doing so in two cases. It rendered two judgments according
to two different lines of reasoning, endorsing the administrative
refusal of recognition in Greece to degrees from universities from
other Member States, where some of the teaching had been carried
out in Greece on the satellite campuses of these universities. Both the
teaching by the satellites and the system of supervision and examin-
ation were the same as those in the ‘parent’ university and the
instruction was given by staff from the parent university who travelled
to Greece for this purpose. In both cases, the Greek qualifications
body (the Dikatsa) had cited Articles 7 and 8 of Greek Law
No 741/1997 and had refused to recognise the foreign degree as fully
equivalent to the Greek one on the grounds that part of the studies,
i.e. the first two years on the satellite campus, had taken place at a
‘free study centre in Greece’.

competence and thereby justifies the barriers which might result for
the free movement of persons and capital and the free provision of
services. Directive 89/48/EEC and the Articles 49, 57 and 66 of the
EC Treaty to which it refers (Articles 40, 47 and 55 respectively
following amendment) were not regarded as pertinent. Finally, the
Symvoulio tis Epikrateias saw no reason to refer to the Court of Justice
for a preliminary ruling.

In Italy, the Court of Cassation (Corte di cassazione) was asked to
rule on whether Articles 15 and 18 of Council Regulation (EEC)
No 1035/72 on the common organisation of the market in fruit and
vegetables (4) mean that the members of a producers’ organisation are
entitled to the financial compensation provided for by the Regulation
only if the organisation proves that it has paid its members an
indemnity for the quantities of products that remain unsold (5)

In the first judgment (2807/1997 (1)), the Sixth Chamber of the
Symvoulio tis Epikrateias noted that Article 16 of the Constitution,
which stipulates that only legal persons subject to public law and
acting under the control of the State may provide higher education
and forbids the creation of higher education establishments by private
persons, conflicts with Articles 48, 52 and 126 of the EC Treaty
(which after amendment of the Treaty have become Articles 39, 43
and 149 respectively) and Directive 89/48/EEC on mutual recognition
of higher-education diplomas (2).

While recognising that these provisions prevail over domestic law,
the Sixth Chamber nonetheless seems initially to restrict this primacy
to non-constitutional national law. In order to resolve the matter, the
Chamber argued that it is for the Court of Justice, under Article 177
of the EC Treaty (now Article 234) to rule on whether the diploma in
question is covered by Community law and, if so, whether the refusal
to recognise it is compatible with Community law. However, although
it is a court of last resort within the meaning of Article 177, the Sixth
Chamber did not itself refer the matter for a preliminary ruling but
referred the whole case, in view of its importance, to the plenum of
the Symvoulio tis Epikrateias. Since the claimant subsequently dropped
the case, the plenum did not give judgment.

When the same issue was raised by a different claimant, the Symvoulio
tis Epikrateias followed an entirely different approach in judgment
3457/1998 (3). The administrative refusal to recognise the diploma in
question was upheld solely on the basis of Article 126 of the EC
Treaty (now Article 149), thus dropping the question of the primacy
of Community law over the Constitution. The Symvoulio tis Epikrateias
holds that Article 126, by guaranteeing the cultural and linguistic
diversity of the Member States, excludes the content of education and
the organisation of education systems from the sphere of Community

(1) Symvoulio tis Epikrateias, judgment of 8 July 1997. 2807/1997. Armeno-

poulos 1997, p. 1182-1194.

(2) 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 (OJ
L 19, 24.1.1989, p. 16).

(3) Symvoulio

Epikrateias,
3497/1998. Armenopoulos 1999, p. 125-135.

judgment

tis

of 25 September 1998,

Applying the principle that a national court of last resort is not
required to request a preliminary ruling from the Court of Justice
where the legal instrument in question is acte clair or there is no
reasonable doubt as to the interpretation of provisions of Community
law, the Corte di cassazione itself construed these Articles. However,
since it could not rely on the letter of the Articles or on previous
judgments of the Court of Justice, which had never been asked to rule
on this issue, the Corte di cassazione had to resort to a systematic and
purposive interpretation of the Articles in order to reconstruct the
intention of the Community legislator. The Corte di cassazione
considered that the Articles required the organisation in question to
prove that it had paid its members an indemnity for the unsold
products. It therefore quashed the judgment given and referred the
case to another chamber of the Bari Court of Appeal (Corte d’Appello
di Bari) for a substantive decision in the light of this interpretation.

On 14 September 1999 (6), the Corte di cassazione found that, in
certain cases, national courts whose decisions can be appealed in
domestic law have a duty to refer to the Court of Justice.

The Corte di cassazione considered an appeal on grounds of jurisdiction
(regolamento di competenza) by a limited company in a case before the
Bologna District Court (Tribunale di Bologna). This concerned an
application for reimbursement of the amounts paid by this firm as
annual company registration dues which the appellant claimed were
collected by the Italian State in breach of Community law. In its
appeal, the firm contested the lawfulness of suspension of proceedings
by the Tribunale di Bologna, which had held that the outcome
depended on the interpretation by the Court of Justice in Case C-
260/96, which at the time was pending (7), and had stayed proceedings
under Article 295 of the Italian Code of Civil Procedure to await the
Court of Justice judgment. This Article requires a national court to

(4) OJ L 118, 20.5.1972, p. 1.
(5) Corte di cassazione. Sezione 1 civile. 7 May 1999, no 4564, Il massimario

del Foro italiano. 1999, col. 539.

(6) Corte di Cassazione. Sezione I civile, 14 September 1999, no 9813. Il

massimario del Foro italiano. 1999, col. 1030.

(7) Case C-260/96 Ministero delle Finanze v Spac SpA [1998] ECR I-4997,

judgment of 15 September 1998.

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suspend judgment if it itself or another court is to give a preliminary
ruling in a matter which must be resolved in order to judge the case.
This applies to references to the Court of Justice under Article 177 of
the EC Treaty (now Article 234).

The Corte di cassazione construed Article 295 to mean that a national
court which is not a court of last resort and which is unable to
interpret directly a provision of Community law is required to refer
the matter to the Court of Justice for a preliminary ruling even if the
same points are at issue in a case currently before the Court of Justice.
It therefore declared the stay of proceedings without reference to the
Court of Justice to be unlawful since it would deprive the parties of
the procedural guarantees afforded by a reference, i.e. the right to
submit observations and to be served with a certified copy of the
Court of Justice judgment.

In three decisions on 24 December 1998 (1) on the compatibility with
Community law of the provincial regulations on transport of waste,
the Netherlands Council of State (Raad van State) found, without
making any request for a preliminary ruling, that the ban on exporting
waste from one province of the Netherlands to another is not a
measure having an effect equivalent to a restriction on exports within
the meaning of Article 34 of the EC Treaty (now Article 29) although
the Court of Justice had found, on the basis of Article 9 of the EC
Treaty (now Article 23), that ad valorem charges on trade in goods
between regions of the same Member State constitute charges having
an effect equivalent to customs duties(2).

In Royscott Leasing Ltd and others v Commissioners of Customs and
Excise (3), in connection with Directive 77/388 (4), the Court of Appeal
for a
in the United Kingdom refused to withdraw the request
preliminary ruling which it had made to the Court of Justice (5),
despite an intervening ruling by that Court in a case which related to
the same Directive (6). Although it considered that it was competent
to do so, the Court of Appeal emphasised that this competence
should be exercised only if it was clear that the reference was entirely
without interest. It rejected the Commissioners’ arguments and held
that this condition was not met in the instant case. Firstly, the Court
of Appeal took the view that the Court of Justice could itself ask the
national court to withdraw a request for a preliminary ruling if it
considered that the issue had been decided in another case and there
was no prospect of a different answer. The fact that the Court of

(1) Raad van State, Icova BV v Gedeputeerde Staten (‘GS’) van Noord-Holland,
Administratiefrechtelijke beslissingen, 1999, no 153; Koks Nilo Milieu BV
v GS van Noord-Holland, Milieu en recht, 1999. Jur., p. 128-132 and Van
Vliet Recycling BV v GS van Utrecht, Milieu en Recht, 1999, Jur., p. 122-
127 pp.

(2) Joined Cases C-485/93 and C-486/93 Simitzi
paragraph 27 judgment of 14 September 1995.

[1995] ECR I-2655,

(3) Court of Appeal (England and Wales). 5 November 1998, Royscot Leasing
Ltd and others v Commissioners of Customs and Excise. Common Market
Law Reports, 1999. Vol. 1. 903-906.

(4) Sixth Council Directive 77/388/EEC 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)

(5) This has since given rise to the Court of Justice ruling of 5 October 1999.

Justice had not done so in this case in itself indicated that it did not
regard the questions referred as being covered by the acte clair
doctrine. Secondly, the further advanced the proceedings before the
Court of Justice, the greater was the importance of its asking for the
reference to be withdrawn. In the present case, the hearing was
imminent and the Advocate General was to deliver his conclusions in
about two months’ time. Finally, at this advanced stage of proceedings
before the Court of Justice, the Court of Appeal considered that
withdrawing the reference for a preliminary ruling might unduly
prolong the case as a whole.

In its judgment of 16 June 1999 (7), the Swedish Supreme Administrat-
ive Court (Regeringsrätten), held that Article 234(3) of the EC Treaty
(ex Article 177(3)) did not require it to refer to the Court of Justice
before dismissing the appeal against the Government’s decision of
5 February 1998 to withdraw the licence to operate the nuclear
reactor of the Barsebäck 1 power station following the entry into
force of the Nuclear Phase-out Act of 18 December 1997 (8). The
claimants included not only the licensee but also its owner and a
German firm which was one of the main shareholders in the owning
company. They argued, inter alia, that the Government’s decision to
withdraw the licence was contrary to several rules of Community
law. With regard to Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environment (9),
as amended by Directive 97/1/EC, the Regeringsrät held that those of
its provisions which were invoked were not essential to the material
outcome of the case and that there was therefore no reason to ask for
a preliminary ruling. As regards Directive 96/92/EC concerning
common rules for the internal market in electricity, the Regeringsräten
held that the government’s decision did not conflict with it. As
regards the EC Treaty provisions invoked by the claimants, the
Regeringsrät (10) considered that Articles 29 (ex Article 34) and 56
(ex Article 73B(1)) on the free movement of goods and capital were
not applicable and that the government’s decision did not represent a
breach of Article 43 (ex Article 52) or the former Article 53 (annulled)
on freedom of establishment. On the other hand, as regards the
competition provisions invoked, i.e. Articles 82 (ex Article 86) and
86(1) (ex Article 90(1)) of the EC Treaty, the Regeringsrät referred to
two Court of Justice judgments (11) and held that while certain matters
of public interest of a non-economic nature were not subject to the
competition rules, they had nonetheless to be so organised that they
were compatible with the Community rules on free movement of
goods and services and with competition. Referring again to the case
law of the Court of Justice (12), the Regeringsrät considered that
regulations concerning such interests should not give rise to exorbi-
tant prices and should allow supply to match demand. The Regerings-
rät concluded that the main question arising in the instant case was

(7) Regeringsrättens dom i Mål nr 1424-1998, mål nr 2396-1998 och mål nr

2939-1998 meddelad i Stockholm den 16 juni 1999.

(8) Lagen (1997:1320) om kärnkraftens avveckling.
(9) Council Directive 85/337/EEC of 27 June 1985 (OJ L 175, 5.7.1985,

p. 40).

(10) Directive 96/92/EC of the European Parliament and of the Council of

19 December 1996 (OJ L 27, 30.1.1997, p. 20).

(11) Judgments of 30 April 1974. Case 155/73 Sacchi [1974] ECR 409 and

Case C-305/97 Royscott Leasing, not yet published in the ECR.

18 June 1991. Case C-260/89 ERT [1991] ECR I-2925.

(6) Case C-43/96 Commission v France [1998] ECR I-3903, judgment of

(12) Judgments of 4 May 1988. Case 30/87 Bodson [1988] ECR 2479, and

18 June 1998.

23 April 1991. Case C-41/90 Höfner [1991] ECR I-1979.

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whether the State-owned nuclear reactors should not be the first to
be closed down. This could not be answered on the basis of
Community jurisprudence but, since the Nuclear Phase-out Act
was based on acceptable considerations of public interest and the
government decision being challenged was compatible with the
general principles of law, the Act in question and the principle of
proportionality, it could not be in breach of Articles 82 and 86(1) of
the EC Treaty. Here again, the Regeringsrät did not think it necessary
to ask for a preliminary ruling from the Court of Justice.

In Sweden again, the Supreme Court (Högsta Domstol) gave judgment
on 9 July 1998 (1) on an appeal in connection with trade-mark law
over the interpretation of Directive 89/104/EEC (2). Article 6(1)(b)
and (c). It did so without requesting a preliminary ruling from the
Court of Justice. The issue was whether a non-franchised operator
was entitled to use a protected motor car trade mark to indicate that
he carried out repairs on this make. The Högsta Domstol concluded
that the Directive did not prohibit such a practice provided the mark
was not used in a fraudulent manner to give the impression that there
was an economic relationship between the non-franchised operator
and the brand. The Court of Justice plenum had recently ruled on the
same issue in the BMW judgment (3), reaching the same conclusion
as regards application of Directive 89/104/EEC.

Mention should also be made of a preliminary ruling by the Benelux
Court of Justice (Benelux Gerechtshof) on the concept of exhaustion of
the right conferred by a trade mark according to Article 13A(8) of
the Benelux Uniform Law on trade marks (4) (5). The claimant was the
proprietor of a registered trade mark for bags and similar articles who
marketed part of the collection in the European Union and claimed
to reserve another part for the American market. The products
intended for the two markets were distinguished by means of a
monkey attached to each bag, of slightly different design for the
products intended for the American market. The defendant had
purchased a batch of products from a parallel importer with a view
to resale in Belgium. This parallel
importer had obtained these
products from the claimant’s American importer. The claimant stated
in the court trying the substantive issue that it had never placed these
products on the market within the European Union and had not
given its consent for this to be done. Although the Benelux Gerechtshof
stated that it was interpreting the provision in question in the light of
Article 7(1) of the underlying Directive 89/104/EEC (6), it did not ask
the Court of Justice for a preliminary ruling.

With regard to the concept of placing of products on the Community
market by the proprietor of the mark within the meaning of Article 13
A(8) of the Uniform Law, the Benelux Gerechtshof first states that this
concept implies that the proprietor should have made the products
available to a buyer for further commercial use within the Community
and goes on to observe that Article 13 A(8) treats placing on the
market by another person with the consent of the proprietor as
equivalent to placing on the market by the proprietor. According to
the Benelux Gerechtshof, this implies both that the proprietor of the
mark should be aware of this act of making the products available
and approve of it and that his consent should apply to each specimen
of the product for which exhaustion is invoked. With regard to the
burden of proof, the Benelux Gerechtshof considers that it is for the
party against whom the proprietor is bringing an action based on
Article 13A and who invokes exhaustion of the right to show that
the products have been placed on the Community market by the
proprietor or with his consent, even if he proves that he has purchased
the products within the Community from a reseller established there.

Question 2

In France, the Dijon Administrative Tribunal (Tribunal administratif de
Dijon) gave a judgment on 5 January 1999 (7) in the light of the Foto
Frost jurisprudence (8) to the effect that, although the national courts
have no jurisdiction to declare that acts of Community institutions
are invalid, they may nonetheless dismiss grounds advanced for
invalidity if they regard them as unfounded. The claimant sought
reimbursement of a VAT credit which was refused by the authorities
and argued that the Council Decision of 28 July 1989 (9) was
incompatible with the principle of proportionality. The Decision
authorised France to continue temporarily and under certain con-
ditions to exclude expenditure for accommodation, restaurants,
hospitality and entertainment from the right to deduct VAT. The
Tribunal administratif held that, since the claimant merely asserted that
the principle of proportionality had been breached without specifying
how, it had not advanced a sufficiently precise argument to cast
serious doubt on the validity of the Decision and that it was therefore
not necessary to ask the Court of Justice for a preliminary ruling.

In the Netherlands, the Supreme Court (Hoge Raad) had occasion to
rule on whether a national court could verify whether a Member
State’s conduct in the course of a Community decisional process was
compatible with the Treaties. The President of the District Court of
The Hague (Arrondissementsrechtsbank te’s-Gravenhage), as the judge of
instance, had issued an injunction forbidding the national
first

(1) Högsta domstolens dom i Mål nr T-4219/96, meddelad i Stockholm den

9 juli 1998, Nytt Juridiskt Arkiv 1998 I p. 474-487.

(2) First Council Directive 89/104/EEC of 21 December 1988 to approximate
the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989,
p. 1).

(3) Case C-63/97 BMW [1999] ECR I-905, judgment of 23 February 1999.
(4) As amended by the Protocol signed in Brussels on 2 December 1992 to

adapt the Uniform Law to Directive 89/104/EEC.

(5) Benelux Gerechtshof, 6 December 1999, Nederlands juristenblad, 2000,

p. 163-164.

(6) First Council Directive 89/104/EEC of 21 December 1988 to approximate
the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989,
p. 1).

(7) Tribunal administratif de Dijon, première chambre. 5 January 1999.
Société BSAD, no 97-1250. Revue de droit fiscal 1999. Comm. 669.
p. 1129-1130. Revue de jurisprudence fiscale. 1999. p. 333-334.
(8) Case C-314/85 [1987] ECR 4199, judgment of 22 October 1987.
(9) Council Decision 89/481/EEC of 28 July 1989 authorising the French
Republic to apply a measure derogating from the second subparagraph of
Article 17(6) of sixth Directive 77/388/EEC on the harmonisation of the
laws of the Member States relating to turnover taxes (OJ L 239, 16.8.1989,
p. 21).

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government to vote in the Council in favour of revising Decision
91/482/EEC on the association of the overseas countries and territori-
es with the European Economic Community (1), on the grounds that
this revision was contrary to the treaty rules in that it meant it would
no longer be possible to import sugar from the OCTs free of duty.
This injunction applied pending replies to the requests for preliminary
rulings made by the same judge (2). The Hoge Raad upheld the lifting
of this injunction by the Court of Appeal of The Hague (Gerechtshof
te’s-Gravenhage) on the grounds that the system of judicial protection
provided for by the EC Treaty did not allow for a judge sitting in
chambers to be competent to intervene in the Community decisional
process for reasons based on a breach of Community law (3). The
Hoge Raad referred to the exclusive competence of the Court of Justice
to review the validity of Community Instruments and pointed out
that proceedings for annulment under Article 230 of the EC Treaty
may be brought only against Instruments which have been finally
adopted. A judge sitting in chambers has only limited powers with
respect to such Instruments subject to the conditions established by
the case law of the Court of Justice.

law (IPRG), which provides that a firm’s capacity to have legal
personality is to be assessed according to the law of the State in
which the actual seat of the main office of the firm is located. Since
the claimant had never engaged in commercial activity in the United
Kingdom, there was no head office in that Member State and the firm
could not have legal personality and was therefore not entitled to
establish a branch in Austria. In accordance with the Court of Justice
judgment of 9 March 1999 in Centros (7), the Oberster Gerichtshof held
that paragraph 10 of the IPRG was contrary to Articles 52 and 58 of
the EC Treaty (now Articles 43 and 48) and that it was therefore not
applicable in the instant case in view of the principles of the primacy
and direct effect of Community law. It also held that the right to
establish a company under the law of one Member State and to set
up branches in other Member States was inherent in the freedom of
establishment within a single market as guaranteed by the Treaty,
even if the firm in question engaged in no commercial activity in the
first Member State. Registration of the branch could therefore not be
refused.

Question 3

In Germany, the principles developed by the Court of Justice in
Bosman (4) have been applied by the Federal Court of Justice (Bundesger-
ichtshof) to interpretation of Article 12 of the Basic Law on pro-
fessional freedom. In its judgment of 27 September 1999 (5), the
Bundesgerichtshof declared void the ‘training and promotion payment’
clause in the Lower Saxony regional league rules for transfer of a
semi-professional player. This requires a new employer taking on a
to the previous employer. The
sportsman to make a payment
Bundesgerichtshof explicitly stated that the Court of Justice’s reasoning
in Bosman has to be followed when applying Article 12 of the Basic
Law and found that
in question is a barrier to
professional freedom, which is not justified by the aim of supporting
the discovery of talent and training of young players. The Bundesger-
ichtshof also found that freedom of association as provided for in
Article 9(1) of the Basic Law does not justify this barrier since the
rules on the training and promotion payment are not necessary to
ensure this freedom.

the payment

In Austria, the Supreme Court (Oberster Gerichtshof)(6)heard a case
concerning a refusal of registration in the Austrian commercial
register to the branch of a firm established under United Kingdom
law which had its registered address in the UK although it engaged in
no commercial activity there.

The competent court of first instance had refused registration on the
basis of paragraph 10 of the Austrian law on private international

(1) Council Decision of 25 July 1991 (OJ L 263, 19.9.1991, p. 1).
(2) See Case C-17/98 Emesa Sugar, judgment of 8 February 2000, not yet

published in the ECR.

(3) Hoge Raad, judgment of 10 September 1999. Emesa Sugar No C98/012

HR. Nederlands Juristenblad. 1999. p. 1661.

judgment of 27 September 1999.

(4) Case C-415/93 [1995] ECR 1-4921, judgment of 15 December 1995.
(5) Bundesgerichtshof,

II ZR 305/98.
Zeitschrift für Wirtschaftsrecht 1999. 1807-1811 (= Wertpapier-Mittei-
lungen 1999. 2164-2168. Neue Juristische Wochenschrift 1999. 3552-
3554: Deutsches Steuerrecht 1999. 1781-1784; Versicherungsrecht 1999.
1504-1507).

(6) Oberster Gerichtshof. 15 July 1999. 6 Ob 123/99b, osterreichisches Recht

der Wirtschaft 1999, p. 719.

In Austria again, following the preliminary ruling by the Court of
Justice in Familiapress (8), the Oberster Gerichtshof sitting in chambers
refused, in the order in question (9), to apply the preliminary ruling
on the grounds that the checks it required the national courts to carry
out could not be made in the course of procedures in chambers.

In its preliminary ruling, the Court of Justice had stated that Article 30
of the EC Treaty (now Article 28) does not preclude application of
legislation of a Member State the effect of which is to prohibit the
distribution on its territory by an undertaking established in another
Member State of a periodical produced in that latter State containing
prize puzzles or competitions, provided that that prohibition is
proportionate to the objective pursued, especially as regards the
maintenance of press diversity. According to the ruling, this assumes
that the newspapers offering the chance of winning a prize in games,
puzzles or competitions are in competition with small newspaper
publishers who are deemed to be unable to offer comparable prizes
and that the prospect of winning is liable to bring about a shift in
demand. Finally, it is for the national court to determine whether
those conditions are satisfied on the basis of a study of the national
press market concerned.

The Oberster Gerichtshof considered that it was incompatible with the
purpose of a procedure in chambers to call on experts to study the
market conditions in question and consumers’ habits. According to
the Austrian court, only evidence which can be provided immediately
can be accepted in such a procedure, and this excludes expert
opinions. Since it was not possible to study conditions on the press
market as part of the proceedings of which it was seized, the Oberster
Gerichtshof considered it sufficient for the claimant to have established
the plausibility of these conditions being met and left it to the court
trying the substantive issue to determine whether they actually
obtained.

(7) [1999] ECR 1-1459.
(8) Case C-368/95 [1997] ECR 1-3689, judgment of 26 June 1997.
(9) Oberster Gerichtshof, order of 23 March 1999, 4 Ob 249/98s. Vereinigte
Familiapress Zeitungsverlags-und Vertriebs GmbH v Heinrich Bauer Verlag.
Wirtschaftsrechtliche Blätter 1999, p. 378.

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This reasoning, followed by the Oberster Gerichtshofin this order and
in another order on the same date, was applied by the Vienna Higher
Regional Court (Oberlandesgericht Wien) in a decision on 22 April
1999 (1)

In a judgment of 24 February 1999 (6), the Austrian Constitutional
Court (Verfassungsgerichtshof) considered whether the Austrian law
on telecommunications (‘TKG’)
is compatible with the pertinent
Community law, in particular Directive 90/387/EEC (7), as amended
by Directive 97/51/EC.

In its judgment of 15 April 1999 (2), the Oberster Gerichtshof ruled on
whether the transfer of municipal or private music academies in Tirol
province to a legal person subject to public law (deprivatisation) fell
within the scope of Directive 77/187/EEC (3) with the result that the
province had a duty to maintain the rights and obligations of the
former music teachers. According to Article 1 (2) of the transposing
law (Arbeitsvertragsrechts-Anpassungsgesetz, (AVRAG), it does not apply
to the (existing) employment relationships of private employees of
the provinces, associations of municipalities (Gemeindeverbände) and
municipalities. In passing, the Oberster Gerichtshof confirmed that
the Directive had not been transposed as regards employment
relationships. It also stated that the music academies are undertakings
within the meaning of the Directive. Referring to the Court of Justice
judgment of 15 October 1996 in Henke (4), it held that the Directive’s
scope does not cover reorganisation of the structures of the public
administration or the transfer of administrative functions between
public administrative authorities. However, it noted that the music
academies did not perform any activity pertaining to the exercise of
public authority, so that no reorganisation of the public adminis-
tration was involved, and concluded that the contested operation
constituted transfer of an economic entity which had retained its
identity.

The Oberster Gerichtshof went on to state that exclusion of the
employees of the provinces from the scope of the AVRAG was based
on the allocation of powers by the Austrian constitution and thus did
not release Austria from its obligation to transpose the Directive
correctly since the Court of Justice has consistently held that a Member
State cannot plead provisions, practices or situations pertaining to
its internal legal order to justify failing to comply with the obligations
and deadlines arising from Community directives. The Oberster
Gerichtshof then referred to the Court’s jurisprudence on direct effect,
recognised that Directive 77/187/EEC had such effect and held that it
was applicable in the instant case, with the result that the province of
Tirol was obliged to maintain the rights and obligations of the former
music teachers of the academies in question.

It is relevant that the Oberster Gerichtshof, in a judgment in 1998 (5),
had already ruled that the AVRAG applied to a transfer of activities
between legal persons subject to public law, although this was not
expressly provided for by the law.

(1) Oberster Gerichtshof, order of 23 March 1999, 4 Ob 26/99y, Verein zur
Fönderung des freien Wettbewerbs im Medienwesen v Heinrich Bauer
Spezialzeitschriften Verlage KG, Hamburg, Wirtschaftsrechtliche Blätter
1999, p. 240-244; Oberlandesgericht Wien, order of 22 April 1999, I R
41/99b, Verein zur Förderung des freien Wettbewerbs im Medienwesen v
TV Spielfilm Verlag Gesellschaft mbH.

(2) OGH, 8 ObA 221/98b-g. Wirtschaftsrechtliche Blätter 1999, p. 467.
(3) 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, 5.3.1977, p. 26).

(4) Case C-298/94 [1996] ECR I 5013.
(5) OGH, 23 December 1998, 9 ObA 153/98k, Ecolex 1999, p. 344.

Article 5a of the Directive as amended requires Member States to
ensure that suitable mechanisms exist at national level under which a
party affected by a decision of the national regulatory authority has a
right of appeal to a body independent of the parties involved. In
Austrian law, this body is the Telekom-Control-Kommission (‘the TC
Commission’). This is not a court (Gericht) in terms of the Austrian
legal system but a board (Kollegialbehörde) with judicial functions
under Articles 20(2) and 133(4) of the Federal Constitution. It is thus
a tribunal within the meaning of Article 6 of the European Convention
for the Protection of Human Rights and Fundamental Freedoms and
a court or tribunal within the meaning of Article 177 of the EC
Treaty. Article 133(4) of the Constitution provides that appeals will
not lie before the Higher Administrative Court (Verwaltungsgerichtshof)
unless this is explicitly provided for by the ordinary law regulating
the matter in question. Since the TKG does not provide for the TC
Commission’s decisions to be appealed to the Verwaltungsgerichtshof,
the TC Commission acts as a court of last resort.

Recognising that Article 5a of the above Directive has direct effect,
the Verfassungsgerichtshof held that the primacy of Community law
over national law requires that Article 133(4) of the Constitution,
which is the only obstacle to such an appeal, should be set aside in
this case.

In a dispute between the Belgian pharmacists’ association (Ordre des
pharmaciens) and one of its members over the association’s ban on
advertising,
the Court of Cassation (Hof van cassatie) ruled on
application of the competition rules (8) to the liberal professions. The
Hof van cassatie began by noting that, although pharmacists are not
traders and perform a social function, they do nonetheless engage in
the provision of goods and services and routinely seek economic
gain. They must therefore be regarded as businesses for the purposes
of the competition rules (9). With regard to the pharmacists’ associ-
ation, the Hof van cassatie notes that it is a professional body with the
mission, conferred by public authority, of ensuring professional
standards and maintaining the honour, integrity and dignity of its
members. In doing so, it admittedly does not pursue economic gain.
However,
it is nonetheless an association of businesses and the
lawfulness of its decisions must be examined in the light of the
competition rules by the bodies responsible for its regulation, to the
extent that they impinge or tend to impinge on competition.

the internal market

(6) B 1625/98, osterreichische Zeitschrift für Wirtschaftsrecht 1999, p. 82.
(7) Council Directive 90/387/EEC of 28 June 1990 on the establishment
for telecommunications services through the

of
implementation of open network provision (OJ L 192, 24.7.1999, p. 1).
(8) The matter had been referred to the Hof van cassatie on the basis of the
provisions of the Law of 5 August 1991 on safeguarding of economic
competition, which are modelled on Articles 81 (ex-Article 85) et seq. of
the EC Treaty.

(9) Hof van cassatie, 7 May 1999. Rechtskundig Weekblad, 1999-2000,

p. 112-115.

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In Belgium again, the Brussels Court of Appeal
(Cour d’appel de
Bruxelles) found that the selective distribution network set up by the
company SA Club Méditerranée constituted an agreement prohibited
by Article 85(1) of the EC Treaty (now Article 81(1)) and was thus
automatically void by virtue of paragraph 2 of the same Article (1).
Upholding the decision of the Brussels Commercial Court (Tribunal de
commerce de Bruxelles) on an injunction sought by a travel agency to
which the SA Club Méditerranée had refused permission to sell its
products, the Cour d’appel concluded that this refusal was contrary to
honest commercial practice, being based on an unlawful distribution
system, and ordered its termination. The Cour d’appel defined the
market in question as that of ‘club village’ holidays covering the
whole of Belgium. As regards distortion of competition, it considered
that, even if the SA Club Méditerranée’s market share were under the
10 % threshold mentioned in the Commission’s communication on
agreements of minor importance, this communication in any case
does not allow the de minimis rule to be applied to vertical agreements
whose purpose is to fix retail prices or afford territorial protection to
the companies participating or other companies. Since the SA Club
Méditerranée controlled the prices to be charged by its distributors,
the Cour d’appel concluded that the system fell within the scope of
Article 85(1) of the Treaty. On examining the distribution network
established, the Cour d’appel recognised that the nature of the product
could for brand image reasons justify the establishment of a selective
distribution system, provided this was based on objective qualitative
criteria applied in a non-discriminatory manner, but noted that this
was not the case in this instance. Firstly, the SA Club Méditerranée
granted sales authorisations to different legal persons on the basis of
strictly personal criteria, without stating what conditions had to be
met in order to satisfy them, and this was considered to imply that
the selection was arbitrary. Secondly, the Cour d’appel noted that the
SA Club Méditerranée had itself admitted that its network was not
based solely on qualitative criteria but that access was also restricted
on the basis of quantitative considerations. Finally, the SA Club
Méditerranée imposed retail price maintenance and this, in the view
of the Cour d’appel,
in itself implied that the network should be
prohibited.

In Finland, in a judgment of 10 September 1999 (2), the Supreme
Administrative Court (Korkein hallinto-oikeus) held that the national
regulations on parallel imports of medicines were incompatible with
the Community principle of free movement of goods as set out in the
Treaty. These regulations require the format and dimensions of the
packaging of
imported medicines to match those used by the
manufacturer or his approved importer. Although this requirement
is intended to ensure that patients are not confused, the Supreme
Administrative Court did not think the authorities had proved that
such a measure was justified in order to safeguard public health.
Given the principle of free circulation of goods, the National Agency
for Medicines (Lääkelaitos) could not refuse a parallel
importer
authorisation to sell medicines on the grounds that he used a different
size of packaging from the approved importer.

In two judgments given on the same day (3), the French Council of
State (Conseil d’E´ tat) found that the national provisions setting the

(1) Cour d’appel de Bruxelles, 22 April 1999, Revue de droit commercial

belge, 1999, p. 418-424.

(2) Korkein hallinto-oikeus, 10 September 1999, No 1789/3/98 2461.
(3) Conseil d’E´ tat, judgments of 3 December 1999 Association ornithologique
et mammalogique de Saône-et-Loire (AOMSL) v Rassemblement des
Opposants à la Chasse (ROC). Nos 164789 and 165122, and Association
ornithologique et mammalogique de Saône-et-Loire (AOMSL) v Associ-
ation France Nature Environnement, Nos 199622 and 200124.

initial and final dates of the hunting season were contrary to the
species preservation aims of Article 7(4) of Directive 79/409/EEC (4).

In the first case, the claimants sought to have annulled as ultra vires
an implicit decision by the Prime Minister rejecting an application for
a decree in the forms provided for by Article 37 of the Constitution
to rescind the provisions of the Law of 15 July 1994 determining the
closed season for the hunting of migratory birds and replace them by
new provisions in conformity with the Directive. The Conseil d’E´ tat
took the view that, having regard to the hierarchy of statutes and the
national authorities duty to ensure implementation of Community
law, the Prime Minister was obliged, on receiving such applications,
to take account of the fact that in the present state of scientific
knowledge virtually all the provisions of the Law of 15 July 1994
determining the closed season for hunting of migratory birds
were incompatible with the objectives of Article 7(4) of Directive
79/409/EEC as interpreted by the Court of Justice in a judgment of
19 January 1994 (5). The Conseil d’E´ tat found that the decision by
which the Prime Minister had refused to initiate the procedure
provided for in Article 37, second paragraph, of the Constitution to
amend a legislative text by decree is not an act of government but is
an aspect of the exercise of regulatory powers and may thus be
regarded as an administrative decision which can be challenged as
ultra vires. However, it also held that the case documentation did not
establish that, at the dates on which they were taken, the decisions
implicit in the Prime Minister’s failure to respond within a four-
month period to the claimants’ applications showed any manifest
error of judgment.

In the second case, the action for annulment related to a decision by
the Minister for Regional Planning and the Environment to set the
early opening of the waterfowl season at 1 September 1998. The
Conseil d’E´ tat again found that the provisions setting the dates of early
opening and temporary closing of the waterfowl season (6) were
incompatible with the species preservation aims of Article 7(4) of
Directive 79/409/EEC. Since these provisions were inapplicable, they
could not justify the refusal by the minister with responsibility for
hunting to exercise his regulatory powers in accordance with the
Directive’s aims when he was asked to do so.

In France again, a Conseil d’E´ tat
judgment of 19 May 1999 (7)
recognised the admissibility of an application to have a decision of
the French government annulled as ultra vires. This decision had been
announced by a press release and, pursuant to Council Regulation
No 2081/93 (8), determined how the sums allocated to France

(4) Council Directive 79/409/EEC of 2 April 1979 on the conservation of

wild birds (OJ L 103, 25.4.1979, p. 1).

(5) Case C-435/92 Association pour la protection des animaux sauvages and
others v Préfet de Maine-et-Loire et préfet de Loïre Atlantique [1994] ECR
I-67.

(6) Provisions inserted in the second paragraph of Article L. 224-2 of the

Rural Code by the Law of 3 July 1998.

(7) Conseil d’E´ tat. 19 May 1999, Région du Limousin v Ministre de l’Intérieur
et de l’Aménagement, no 157675. Revue française de droit administratif,
1999, p. 896-897.

(8) Council Regulation (EEC) No 2081/93 of 20 July 1993 amending
Regulation (EEC) No 2052/88 on the tasks of the Structural Funds
and their effectiveness and on coordination of their activities between
themselves and with the operations of the European Investment Bank and
the other existing Financial Instruments (OJ L 193, 31.7.1993, pp. 5 to
19).

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by the European Commission as Structural Funds commitment
appropriations for the period 1994 to 1999 were to be divided
among the regions concerned. While the Conseil d’E´ tat rejected the
substance of the claimant’s case, it followed the reasoning of the
government advocate in recognising that it was admissible. Referring
in his conclusions to the Court of Justice judgment of 3 December
1992 (1), the government advocate had argued that when a national
administrative court is acting as a court of Community law, the
objective of ensuring effective judicial control implies that, in this
type of procedure, every act at the level of the Member State which
intervenes between Commission decisions and has binding effects on
the further course of events should be regarded as an act capable of
adversely affecting third parties.

In its judgment of 24 February 1999 (2), the French Conseil d’E´ tat
considered the action for annulment as ultra vires of Decree No 98/52
of 28 January 1998 on requirements for placing on the market of
homeopathic medicines. The associations bringing the action claimed
that the Decree was contrary to the aims of Directive 92/73/EEC (3)
and also cited the failure to enact, regulatory measures to render
applicable Article L. 601-4 of the Public Health Code, derived from
Law No 94-43 of 18 January 1994, which transposes the Directive
into French law. The Conseil d’E´ tat found that Article L. 601-4 of the
Public Health Code was incompatible with the Directive in that it
extended the scope of the simplified registration procedure beyond
the objectives the Directive laid down. It held that the government
was justified in not enacting regulatory measures to allow this
Article to be implemented since, by giving precedence to the
Community Directive, the government had duly complied with the
requirements inherent in the hierarchy of statutes in the internal legal
order, as derived from Article 55 of the Constitution.

In Greece, judgment 2245/1999 of the Sixth Chamber of the Council
of State (Symvoulio tis Epikrateias) for the first time applied the principle
of proportionality in assessing the level of an administrative fine
imposed for importing goods of French origin to Greece. There was
no doubt that the applicants had infringed the Customs Code by
declaring a value lower than the true value of the goods on the
invoices submitted at the time of importation. They had therefore
been fined a sum equal to three times the value of the tax they would
have paid if they had declared the true value. Irrespective of whether
Article 95 of the Treaty (now Article 90) was applicable in this case,
the Symvoulio tis Epikrateias cited the judgment of the Court of Justice
of 16 December 1992 (4) and held that administrative penalties
imposed for infringement of customs legislation should not exceed
what was strictly necessary to accomplish the aim pursued and that
disproportionate penalties represented a barrier to the exercise of the

Community freedoms. On the grounds that the court trying the
substantive issue had not made such an assessment of proportionality,
the Symvoulio tis Epikrateias partly quashed the judgment of the Court
of Appeal, which had found the level of the contested fine to be
lawful.

In Italy, the Court of Cassation (Corte di cassazione) considered an
appeal in cassation from a sales agent against the judgment of the
Rome District Court (Tribunale di Roma) (5). The latter, sitting as an
appellate court, had dismissed his application to obtain payment of
various sums claimed on the basis of an agency contract concluded
with a company subject to private law. The Tribunale di Roma had
taken the view that such a contract was void, since the sales agent
was not entered in a register prescribed for this purpose by the law (6),
and thus could not give rise to any payment. The Corte de cassazione
granted this appeal, disapplying the national provision in question,
which had been declared incompatible with Directive 86/653/EEC (7)
by the Court of Justice judgment of 30 April 1998 in Bellone (8).

However, the Corte di cassazione did not merely apply the Court of
Justice ruling but broadened the concept of a directive’s vertical direct
effect to allow individuals to rely on it even if neither the State nor a
public body are parties to the action. It argued that the existence of
vertical direct effects should not be assessed on purely formal grounds
and held that such effects also arose in the instant case, since it turned
on a national provision of an imperative nature imposing a specific
requirement in order to safeguard interests which are the responsa-
bility of the public authorities. On this basis, since the only point to
be verified is whether the national regulations are compatible with
Community law, irrespective of the status of the parties to the dispute,
the State would also be involved to the extent that these regulations
protecting public interests relate to relationships between the State
on the one hand and the agent and the companies concerned on the
other. Such an action may thus be regarded as a dispute between a
private individual and the State. However, the Corte di cassazione did
not state what public interests are safeguarded by a law making the
validity of an agency contract conditional on the agent’s being entered
in an appropriate register.

In Portugal, a noteworthy judgment was handed down on 22 June
1999 by the First Chamber of the Supreme Administrative Court
(Supremo Tribunal Administrativo) in Cases 44.140/44.197 (9). Essen-
tially, this judgment recognises the vertical direct effect of Articles 18,
24, 26 and 29 of Directive 93/37/EEC on public works contracts (10),
since these provisions had not been correctly transposed into national

(1) Case C-97/91 Oleificio Borelli v Commission [1992] ECR I-6313.
(2) Conseil d’E´ tat, 24 February 1999, Association des patients de la médecine
d’orientation anthroposophique et autres, no 195354; Revue française
de droit administratif. 1999. p. 437-439; L’actualité juridique, droit
administratif, 1999, p. 823-824.

(3) Council Directive 92/73/EEC of 22 September 1992 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
medicinal products and laying down additional provisions on homeopathic
medicinal products (OJ L 297, 13.10.1992, pp 8 to 11).

(4) Case C-210/91 Commission of the European Communities v Hellenic

Republic [1992] ECR I-6735.

(5) Corte di cassazione, Sezione Lavoro, 18 May 1999, no 4817. Il massimario
del Foro italiano, 1999, Col. 575-576; Il Foro italiano, 1999, I, Col. 2542-
2550.

(6) Law No 204 of 3 May 1985, Gazzetta Ufficiale della Repubblica Italiana

No 119 of 22 May 1985, p. 3623.

(7) Council Directive 86/653/EEC of 18 December 1986 on the coordination
of the laws of the Member States relating to self-employed commercial
agents (OJ L 382, 31.12.1986, p. 17).

(8) Case C-215/97 [1998] ECR I-2191.
(9) Aco´ rda˜os Doutrinais do Supremo Tribunal Administrativo, XXXVIII,

No 455, pages 1380 to 1390.

(10) Council Directive 93/37/EEC of 14 June 1993 concerning the coordi-
nation of procedures for the award of public works contracts (OJ L 199,
9.8.1993, p. 54).

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financial

the bids

economic,

and technical

law. The applicant had asked for annulment of the decision of
8 July 1998 of the President of the Assembly of the Republic,
awarding a competitor the contract for finishing work on the new
extension to the Assembly’s premises. This decision had been taken
on the basis of Decree-Law No 405/93 of 10 December, which did
not distinguish clearly between the two phases: checking of
applicants’
suitability and
assessment of
submitted by tenderers. The national
legislation in force at the time of the events failed to transpose
correctly the pertinent provisions of the Directive. In the case in
point, the decision of the bid assessment panel, which was endorsed
by the defendant authority, had been based on criteria including
tenderers’ suitability, and in particular their economic, financial and
organisational capacity. The Supremo Tribunal Administrativo referred
to the principle of the primacy of Community law and explicitly
concluded that this implied the possibility of invoking the vertical
direct effect of clear, complete, precise and unconditional provisions
contained in a directive which has been incorrectly transposed into
the factual and legal arguments
national
presented, the Supremo Tribunal Administrativo accepted the appli-
cant’s argument based on infringement of Articles 18, 24, 26 and
29 of the Directive and quashed the contested decision on this
basis without considering any of the other arguments for annulment
which had been advanced.

In the light of

law.

In the United Kingdom, in Gibson v East Riding of Yorkshire District
Council (1), an hourly-paid swimming instructor employed by a local
authority had no contractual right to paid annual
leave. At the
time of the events, Directive 93/104/EEC (2) on the organisation of
working time had not yet been transposed in the United Kingdom,
since this was accomplished only by the Working Time Regulations
1998, which entered into force on 1 October 1998. The lower
tribunal had concluded that the claimant could not invoke the
Directive since it did not meet the criteria laid down in the Court
of Justice case-law for it to have direct effect, given that the text
was complex and provided for exceptions and derogations which
were also complex. On appeal, the Employment Appeal Tribunal
found that the claimant was entitled to four weeks’ annual paid
holiday by virtue of Article 7 of the Directive (3). It reviewed the
principles applying and held that Article 7 was sufficiently precise
and unconditional to have direct effect and that the claimant could
rely on it against the defendant. While the contract in question did
not confer the right to paid leave, the contractual rights of the
person concerned had been altered by the Directive. Had the
Directive been transposed within the period allowed, the claimant
would have been entitled to paid holiday. As an emanation of the
State, the defendant could not take advantage of the failure to
transpose the Directive in order to reject its employee’s request.

(1) Employment Appeal Tribunal, 3 February 1999. Gibson v East Riding of
Yorkshire District Council, Industrial Cases Reports, 1999, 622-630.
(2) Council Directive 93/104/EC of 23 November 1993 concerning certain
aspects of the organisation of working time (OJ L 307, 13.12.1993, p. 18).
(3) Article 7(1) of Directive 93/104/EEC provides that Member States shall
take the measures necessary to ensure that every worker is entitled to paid
annual leave of at least four weeks in accordance with the conditions for
entitlement to, and granting of, such leave laid down by national legislation
and/or practice.

In the case R v Secretary of State for Health and others ex parte
Imperial Tobacco Ltd and others (4), the Court of Appeal
lifted the
injunction granted by the High Court (5) forbidding the Government
of the United Kingdom to enact provisions transposing Directive
98/43/EC (6) until the Court of Justice had ruled on its validity (7).
However, the Court of Appeal granted the tobacco companies a
stay of execution of its decision until the House of Lords had ruled
on their application for leave to appeal (8). The Government had
argued that the appeal raised basic constitutional issues and that
the High Court injunction jeopardised an important national and
Community policy, namely ending the advertising and sponsoring
of
the
tobacco products. The tobacco companies argued that
Directive was unlawful since its main aim was to align the
the Member States in the field of public health
legislation of
although the Treaty conferred no such power on the Community
legislator. By a majority ruling, the Court of Appeal found that the
High Court had been wrong to set aside the Community approach
to interim measures and in particular the conditions for stay of
execution of a national measure as set out in the Zuckerfabrik
judgment (9). As regards the first condition — the existence of
serious doubts as to the validity of the Directive — the Court of
Appeal thought it could not encroach upon the prerogatives of the
Court of Justice when considering an application for interim relief,
although it did recognise that the tobacco companies had strong
grounds for arguing that the Directive was invalid. As regards the
second condition — the need to establish that there is a threat of
serious and irreparable damage — the Court of Appeal held that,
while the High Court had rightly taken the view that the damage
was probably not irreparable, it had not given this consideration
the importance it ought to have in accordance with Community
case-law, since it had not regarded it as a prerequisite for granting
interim relief. Since the existence of a threat of serious and
irreparable damage had not been established, the requirements for
granting an injunction were not satisfied. The Court of Appeal also
considered that an injunction such as had been granted by the
High Court prevented the government from exercising its freedom
of action in the field of public health.

Again in the United Kingdom, in Marks & Spencer v Commissioners of
Customs and Excise (10), the Court of Appeal ruled on the sixth VAT

(4) Court of Appeal (England and Wales), 16 December 1999, R v Secretary
of State for Health and others ex parte Imperial Tobacco Ltd and others.
The Times Law Reports 1999, 874-875. We do not yet have the full text
of the judgment.

(5) High Court (England and Wales), 29 October 1999, R v Secretary of State
for Health and others, ex parte Imperial Tobacco Ltd and others. The
Times Law Reports 1999, 792-793.

(6) Directive 98/43/EC of the European Parliament and of the Council of 6 July
1998 on the approximation of the laws, regulations and administrative
provisions of the Member States relating to the advertising and sponsorship
of tobacco products (OJ L 213, 30.7.1998, p. 9).

(7) The Court of Appeal refers to a High Court reference of 2 February 1999
for a preliminary ruling, R v Secretary of State for Health and others, ex
parte Imperial Tobacco Ltd and others, Case C-74/99, pending.

(8) The House of Lords subsequently granted the tobacco companies leave to
appeal and extended the stay of execution of the Court of Appeal’s decision
until further notice.

(9) Joined Cases C-143/88 and C-92/89 Zuckerfabrik [1991] ECR 1-415,

judgment of 21 February 1991.
(10) Simon’s Tax Cases 1999, 205.

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Directive (1). Most of the points of law at issue related to provisions
of the sixth Directive which had been correctly transposed but had
then been wrongly applied. When this was recognised by the
authorities, the United Kingdom adopted regulations which had
retroactive consequences for taxpayers. Marks & Spencer argued that
the United Kingdom had levied a VAT in breach of the sixth Directive
and that the existence of adverse retroactive effects for the taxpayer
was contrary to the general principles of Community law. The Court
of Appeal rejected this argument on the basis of the reasoning put
forward by the tax authorities: once a directive has been correctly
transposed, it ceases to represent an independent legal source. Marks
& Spencer could therefore not invoke the sixth Directive directly, nor,
in consequence, the general principles of Community law. The Court
of Appeal nonetheless decided to request preliminary rulings on a
number of issues unrelated to these arguments.

Question 4

In Germany, the Bonn Regional Court (Landgericht Bonn) gave judgment
on 16 April 1999 in the course of an action for damages, holding
that an action for annulment of a directive has no effect on the
obligation to transpose it (2). The Federal Republic of Germany was
being sued by an investor for the damages he claimed to have
sustained as a result of the lack of a deposit-guarantee scheme as
required by Directive 94/19/EC (3). The Federal Republic argued that
the action for annulment of the Directive brought before the Court
of Justice (which has since led to the judgment of 13 May 1997 in
Germany v Parliament and Council(4)) suspended the obligation to
transpose the Directive pending judgment by the Court. The Landger-
icht rejected this argument on the grounds that Article 189 of the EC
Treaty (now Article 249) did not provide for any suspensive effect.
The Landgericht also stated that any difficulties of restitution which
might result from the annulment of a directive already implemented
were a matter for the internal
legal order of the Member State
concerned. According to the settled case-law of the Court of Justice,
and in particular the judgment of 8 October 1996 in Dillenkofer (5),
such issues did not affect the duty to transpose. Finally, the Landgericht
did not consider it necessary to refer to the Court of Justice since the
point at issue was not the interpretation of the EC Treaty but its
application.

The Brussels Court of First Instance (Rechtbank van eerste aanleg
Brussel) (6) awarded damages against the Belgian State for its failure to

(1) Sixth Council Directive 77/388/EEC 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).

(2) Landgericht Bonn, judgment of 16 April 1999, 1 O 186/98, Zeitschrift für
Wirtschaftsrecht 1999, 959-965 (= Wertpapier-Mitteilungen 1999, 1972-
1978; Europäische Zeitschrift für Wirtschaftsrecht 1999, 732-736).

(3) Directive 94/19/EC of the European Parliament and of the Council of
30 May 1994 on deposit-guarantee schemes (OJ L 135, 31.5.1994, p. 5).

(4) Case C-233/94 [1997] ECR I-2405.
(5) Case C-178/94 [1996] ECR I-4845.
(6) Rechtbank van eerste aanleg Brussel, 9 September 1999, Consumenten-

recht 1999, pp. 305-317.

transpose fully Article 7 of Directive 90/314/EEC (7) on package
travel, package holidays and package tours. This requires travel
organisers to have adequate security for the refund of money paid
over and for repatriation of the consumer in the event of insolvency.
The Rechtbank found that at the time when the organiser with whom
the claimants had contracted was declared bankrupt, the Belgian State
had not fulfilled its obligation to transpose Article 7 of the Directive
correctly, fully and effectively. While the law of 16 February 1994
transposing the Directive had been adopted, the Royal Decree laying
down the practical surety arrangements had not yet been issued.
Referring to the Court of Justice judgment in Francovich (8), the
Rechtbank found that the failure to enact a measure transposing the
directive by the due date is in itself a breach of Community law and
entitles the injured parties to compensation in so far as it is possible
to determine the effect of the measures prescribed by the Directive
on the rights of individuals and there is a causal relationship between
the State’s failure to fulfil its obligations and the injury. Finally, the
Rechtbank stated that the State’s responsibility is based on Community
law, which prevails over national law.

In a series of judgments (9), the French. Court of Cassation (Cour de
cassation) found that Article L. 190, third paragraph, of the Code of
Tax Procedures (Livre des procédures fiscales). setting a time limit for
complaints (10), is compatible with the Community legal order and
can thus be relied on by the tax authorities to refuse applications for
reimbursement of registration charges paid on the basis of Articles
the General Tax Code. These
812 (1)
provisions had been found to be partly incompatible with Directive
69/335/EEC (11)
in a Court of Justice judgment of 13 February
1996 (12), whose effects the Court of Justice had declined to limit in

(1) and 816 (1)

(2) of

(7) OJ L 158, 23.6.1990, p. 59.
(8) Joined Cases C-6/90 and C-9/90 [1991] ECR I-5357,

judgment of

19 November 1991.

(9) Cour de cassation, chambre commerciale, judgments of 19 October 1999.
Directeur général des impôts v Sologest SA. No 1560 P: Société nationale
des etablissements Piot pneu SA v Services fiscaux de l’Isère. No 1558 P;
Directeur général des impôts et ministère de l’économie, des finances et de
l’industrie v SA Belun, No 1561 D. Cour de cassation, chambre commercia-
le, 14 December 1999, Societe Chauvin Arnoux v Direction générale des
impôts, No 2021 D.

(10) This provision relates to complaints based on non-conformity of the rule
of law applied to set the tax with a rule of law which takes precedence,
when this non-conformity has been established by a court decision.
(11) Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes

on the raising of capital (OJ L 269, 28.10.1969, p. 12).

(12) Case C-197/94 Société Bautiaa [1996] ECR I-505. See also the judgment
of 9 July 1996 of the Cour de cassation, chambre commerciale in
Direction générale des impôts v SA Etablissements Touillet, declaring
Article 812, §1(1) of the General Tax Code partly incompatible with
Directive 65/335. In two other cases, the Cour de cassation partly quashed
the judgments rendered by the courts trying the substantive issues, which
had ordered reimbursement of the 3 % registration charge levied under
Article 812 §1(1) of the General Tax Code, whereas Directive 69/335
allows capital duty to be levied at not more than 1 % [Cour de cassation,
judgments of 23 February 1999 in Direction
chambre commerciale,
générale des impôts v Société Thelu and 12 January 1999 in Direction
générale des impôts v Société financière atlantic (SOFIA)].

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time. The Cour de cassation rejected these appeals, referring to a
judgment of 15 September 1998 (1), in which the Court of Justice
stated that the fact that it had given a preliminary ruling on the
interpretation of a provision of Community law, without limiting its
effects in time, did not affect the right of a Member State to rely on a
peremptory time limit as a defence against actions for recovery of
taxes levied in breach of this provision.

The Cour de cassation, also referred to the judgment of 2 December
1997 (2), in which the Court of Justice had pointed out that it was for
the internal
legal order of each Member State to regulate the
procedural arrangements for actions to recover charges unduly levied,
provided these arrangements are not less favourable than for similar
claims under domestic law and do not make it virtually impossible or
excessively difficult to assert the rights conferred by Community law,
even if by definition the expiry of the time limits causes the action
brought to be dismissed in whole or in part (3).

In Italy, the Milan Magistrate’s Court (Pretura di Milano) found in
favour of a worker seeking compensation when the business he
worked for was transferred within the meaning of Directive
77/187/EEC (4) 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. The
claimant sought payment by the Italian State of the sums he would
have received from the transferee had the Directive been transposed
by the due date. Because the Directive had not been transposed at the
time when the business was transferred, although this had occurred
after the transposal deadline, the claimant had been dismissed instead
of retaining the rights arising from the employment relationship as
safeguarded by the Directive.

While the operative part of this judgment (5) requires the Italian State
to pay the applicant the damages and interest claimed for non-
transposal of a directive, the grounds for the judgment indicate that
the Pretura di Milano does not explicity base its conclusions on the
Francovich judgment of the Court of Justice but simply notes that the
Directive had not been transposed at the time of the events (6) and
that the national provisions since adopted were not in conformity
with it.

In the United Kingdom, in R v Secretary of State for Transport, ex parte

(1) Case C-231/96 Edilizia Industriale Siderurgica Srl (Edis) v Ministero delle

Finanze [1998] ECR I-4951, judgment of 15 September 1998.

(2) Case C-188/95 Fantask [1997] ECR I-6783.
(3) In connection with an appeal on the time limits for repayment, the
Bethune Regional Court (Tribunal de Grande Instance de Béthune) has
referred to the Court of Justice for a preliminary ruling on the lawfulness
of Article L. 190 of the Code of Tax Procedures (Case C-88/99 SA Roquette
Frères v Direction des services fiscaux, pending).

(4) Council Directive 77/187/EEC of 14 February 1977 (OJ L 61, 5.3.1977,

p. 26).

Factortame and others (7), the House of Lords upheld a High Court
decision on the Government’s responsability for a breach of Com-
munity law. The claimants were the Spanish owners and operators of
fishing vessels. They had established before the British courts (8) and
the Court of Justice (9) that the Merchant Shipping Act 1988, which
made registration of a fishing vessel in the United Kingdom dependent
on conditions with regard to the nationality, residence and domicile
of
the vessel’s owners, charterers and operators, breached the
Community principle that there should be no discrimination based
on nationality. The claimants subsequently sued the United Kingdom
Government before the High Court for the injury caused them by this
Act.

The High Court (10) regarded the breach of Community law as
sufficiently serious, in the light of the Court of Justice case-law (11), to
entitle the claimants to compensation for the damage suffered. The
Secretary of State’s appeal against this decision had been rejected by
the Court of Appeal (12). This decision was appealed in turn to the
House of Lords, which upheld the High Court’s decision, considering
that the deliberate enactment of legislation instituting nationality-
based discrimination which inevitably breached Article 52 of the EC
Treaty (now Article 43) is a manifest and injustifiable breach of the
Treaty, which is thus sufficiently serious to give rise to a right to
compensation.

Again in the United Kingdom, the claimant in R v Department of Social
Security ex parte Scullion (13) was a 63-year-old woman who in 1986
had been refused the invalid care allowance. To be eligible, the person
concerned had to have been entitled to this benefit before reaching
retirement age: 60 years for women and 65 for men. Together with
other persons in the same position, she appealed against this decision.
In the meantime, following the Court of Justice ruling in Thomas (14)
that such discrimination could not be justified under Article 7(1)(a)
of Directive 79/77/EEC (15) unless necessarily and objectively linked

(7) House of Lords, 28 October 1999, R v Secretary of State for Transport, ex
parte Factortame and others, The Weekly Law Reports, 1999. Vol. 3,
1062-1090.

(8) House of Lords, 9 July 1990, R v Secretary of State for Transport, ex parte
Factortame and others. The Law Reports, Appeal Cases, 1991, Vol. 1,
p. 503.

(9) Judgments of 4 October 1991, Case C-246/89 Commission v United
Kingdom of Great Britain and Northem Ireland [1991] ECR I-4585 and
25 July 1991, Case C-221/89 R v Secretary of State for Transport, ex parte
Factortame Ltd and others [1991] ECR I-3905.

(10) High Court (England and Wales), 31 July 1997, R v Secretary of State for
Transport, ex parte Factortame, Common Market Law Reports, 1998.
Vol. I. 1353-1429.

(11) Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame

[1996] ECR I-1029, judgment of 5 March 1996.

(12) Court of Appeal (England and Wales), 8 April 1998, R v Secretary of
State for Transport, ex parte Factortame. Common Market Law Reports,
1998. Vol. 3, 912-918.

(13) High Court (England and Wales), 30 July 1999, R v Department of Social
Security, ex parte Scullion, Common Market Law Reports. 1999. Vol. 3.
798-819.

(14) Case C-328/91 Thomas et al. [1993] ECR I-1247, judgment of 30 March

1993.

(5) Judgment of 14 July 1998 of the Pretura di Milano, Foderetti v Presidenza
del Consiglio dei Ministri, Orientamenti della Giurisprudenza dei Lavoro,
1999, p. 133-135.

(6) The Italian Republic gave effect to Directive 77/187/EEC by Article 47 of
Law No 428 of 29 December 1990 (GURI, 12.1.1991, Suppl. ord.)
enacting measures for the fulfilment of the obligations resulting from
Italy’s membership of the European Communities (the ‘Legge comunitaria’).

(15) Council Directive 79/7/EEC of 19 December 1978 on the progressive
implementation of the principle of equal treatment for men and women
in matters of social security (OJ L 6, 10.1.1979, p. 24). Article 7(1)(2)
provides that the Directive is without prejudice to the right of Member
States to exclude from its scope the determination of pensionable age for
the purposes of granting old-age and retirement pensions and the possible
consequences thereof for other benefits.

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to the difference in retirement ages, the House of Lords (1) had upheld
a finding by the Court of Appeal (2) that the age difference for men
and women provided for by the national regulations with respect to
this benefit was contrary to the Directive. The Social Security Appeal
Tribunal therefore reviewed the applications in the Scullion case and
decided that the claimant was entitled to this benefit as from 1985.
However, since she was already receiving an old-age pension, the
national regulations on simultaneous payment of benefits meant that
she was not entitled to receive the invalid care allowance at the same
time but was entitled to the carer’s premium introduced in 1990. The
claimant therefore sought compensation from the Secretary of State
for the injury suffered as a result of his breach of his duty to transpose
the Directive. She was paid premium arrears as from 1990. However,
since the Secretary of State refused to pay interest on this sum, an
application for judicial review was made before the High Court.

The High Court stated that various factors should be taken into
account within an overall approach to determine whether the breach
was sufficiently serious. Firstly, there was no indication that the
Government had sought legal advice as to whether the age difference
for entitlement to the benefit fell within the scope of Article 7(1) of
the Directive. Secondly, the principle of equal treatment set out in the
Directive was of basic importance. Thirdly, the benefit in question
targeted a particularly vulnerable group of persons and the Govern-
ment could therefore have foreseen the injury done to the claimant
and to other persons in the same position. Fourthly, despite the
Commission’s position and the case-law of the Court of Justice, the
Government had not asked for a formal opinion from the Com-
the Directive allowed
mission. Finally, while Article 7(1)(a) of
the Member States a measure of discretion, this applied only to
determination of pensionable age and not to other benefits. This
being so, the High Court found that the breach of the Directive was
sufficiently serious and that since the other conditions giving right to
compensation were met, the Secretary of State should pay the
interest on the premium arrears. This judgment had major financial
implications because of the number of persons concerned.

Again in the United Kingdom, in Re Burns’s Application for Judicial
Review (3), the claimant, under threat of redundancy, had agreed to
work on a night shift and subsequently asked to be transferred to a
day shift. When her employer refused, she resigned on medical
grounds. Having established that the claimant was to be regarded as
a night worker, the High Court decided, in accordance with the
judgment
failure to transpose Directive
93/104/EEC on the organisation of working time automatically

in Dillenkofer (4),

that

(1) House of Lords, 27 July 1993, Thomas and others v Secretary of State for

Social Security.

(2) Court of Appeal (England and Wales), 31 July 1990, Thomas v Chief
Adjudication Officer and another. The Law Reports; Queen’s Bench
Division. 1991. Vol. 2, p. 164-195.

(3) High Court (Northern Ireland), 15 March 1999. The Northern Ireland Law

Reports, 1999, p. 175-182.

(4) Joined Cases C-178/94, C-179/94, C-188/94, C-189/94 and C-190/94

constituted a serious breach of Community law, with the result that
the United Kingdom had a duty to compensate the claimant for any
resulting injury. In the instant case, however, she had not established
that she would have been able to force her employer to transfer her
to day work and thus keep her job if she had been able to rely on
provisions transposing the rights conferred by the Directive into
national law.

Question 5

Finally, mention should be made in this review of two judgments of
Community interest by the European Court of Human Rights (ECHR).

The first (5) relates to the concept of a ‘fair and public hearing’ within
the meaning of Article 6 (1) of the European Convention for the
Protection of Human Rights and Fundamental Freedoms. When
assessing whether the length of civil proceedings before the Greek
courts constituted a breach of this provision, the ECHR refused to
take into account the time for which proceedings were stayed
following a reference to the Court of Justice for a preliminary ruling
in one of the cases (Case C-441/93 (6)Panagis Pafitis and others v
Trapeza Kentrikis Eliados A E and others), in which the Court of Justice
rendered judgment on 12 March 1996.

In paragraph 95 of its judgment, the ECHR states that:

‘As regards the proceedings before the Court of
Justice of the
European Communities, the Court notes that the Athens District
Court decided on 3 August 1993 to refer a question to the Court of
Justice, which gave judgment on 12 March 1996. During the
intervening period the proceedings in the actions concerned were
stayed, which prolonged them by two years, seven months and nine
days. The Court cannot, however, take this period into consideration
in its assessment of the length of each particular set of proceedings:
even though it may at first sight appear relatively long, to take it into
account would adversely affect the system instituted by Article 177
of the EEC treaty and work against the aim pursued in substance in
that Article’.

On 18 February 1999 (7), the ECHR found that, by complying with
Annex II to the Act concerning the election of representatives of the
European Parliament by universal direct suffrage (annexed to Council
Decision 76/787/EEC) and thus failing to apply the Act to Gibraltar,
the United Kingdom had breached Article 3 of the Protocol 1 to the
European Convention for the Protection of Human Rights and
Fundamental Freedoms, by which the contracting parties undertake
to organise ‘free elections... by secret ballot’ to ‘the legislature’.

The ECHR states in paragraphs 32 and 33 that:

‘... acts of the EC as such cannot be challenged before the Court
because the EC is not a Contracting Party. The Convention does not
exclude the transfer of competences to international organisations
provided that Convention rights continue to be “secured”. Member
States responsibility therefore continues even after such a transfer.

(5) European Court of Human Rights, judgment of 26 February 1998, Pafitis
v Greece, Revue universelle des droits de l’homme. 1998, p. 140 et seq.

(6) [1996] ECR I-1347.
(7) European Court of Human Rights. Matthews v United Kingdom. Journal

Dillenkofer [1996] ECR I-4845, judgment of 8 October 1996.

des Tribunaux — Droit européen — 1999, p. 65 et seq.

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In the present case, the alleged violation of the Convention flows
from an Annex to the 1976 Act, entered into by the United Kingdom,
together with the extension to the European Parliament’s competences
brought about by the Maastricht Treaty. The Council Decision, the
1976 Act and the Maastricht Treaty, with its changes to the EEC
Treaty, all constituted international instruments which were freely
entered into by the United Kingdom. Indeed, the 1976 Act cannot be
challenged before the European Court of Justice for the very reason
that it is not a “normal” act of the Community, but is a treaty within
the Community legal order. The Maastricht Treaty, too, is not an act
of the Community, but a treaty by which a revision of the EEC Treaty
was brought about. The United Kingdom, together with all the other
parties to the Maastricht Treaty, is responsible ratione materiae under
Article 1 of the Convention and, in particular, under Article 3 of
Protocol 1, for the consequences of that Treaty.’

The ECHR then finds that the United Kingdom is responsible under
Article 1 of the Convention for securing the rights guaranteed by
Article 3 of Protocol 1 in Gibraltar regardless of whether the elections
were purely domestic or European (paragraph 35) and that the
European Parliament is sufficiently involved in the specific legislative
processes leading to the passage of legislation under Articles 189b
and 189c of the EC Treaty, and is sufficiently involved in the general
democratic supervision of the activities of the European Community,
to constitute part of the ‘legislature’ of Gibraltar for the purposes of
Article 3 of Protocol 1 (paragraph 54). The ECHR concludes that the
failure to organise elections to the European Parliament in Gibraltar
constitutes a breach of Article 3. Two judges submitted a joint
dissenting opinion.