20th Annual report on monitoring the application of Community law (2002)
Date: 2003-11-21
Institutions: European Commission
Subjects: EU control, activity report, application of EU law, national implementing measure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.11.2003
COM(2003) 669 final

20th ANNUAL REPORT ON MONITORING THE APPLICATION OF
COMMUNITY LAW (2002)

20th ANNUAL REPORT ON MONITORING THE APPLICATION OF
COMMUNITY LAW (2002)

TABLE OF CONTENTS

1.

2.

2.1.

2.2.

Foreword ...................................................................................................................... 5

Situation sector by sector ........................................................................................... 12

ECONOMIC AND FINANCIAL AFFAIRS............................................................. 12

ENTERPRISE ............................................................................................................ 13

2.2.1. Chemicals ................................................................................................................... 13

2.2.2.

Pharmaceutical products ............................................................................................ 13

2.2.3. Cosmetics ................................................................................................................... 14

2.2.4. Capital goods.............................................................................................................. 15

2.2.5. Motor vehicles, tractors and motorcycles .................................................................. 15

2.2.6.

Pleasure vessels and cableway installations............................................................... 16

2.2.7.

Payment delays........................................................................................................... 16

2.2.8.

Preventive rules provided for by Directive 98/34/EC ................................................ 16

2.3.

COMPETITION......................................................................................................... 17

2.3.1.

Telecommunications .................................................................................................. 18

2.3.2. Air transport ............................................................................................................... 18

2.3.3.

State aid ...................................................................................................................... 18

2.4.

2.5.

2.6.

EMPLOYMENT AND SOCIAL AFFAIRS.............................................................. 19

AGRICULTURE........................................................................................................ 23

ENERGY AND TRANSPORT.................................................................................. 25

2.6.1.

Internal market for electricity and natural gas............................................................ 25

2.6.2.

Energy efficiency ....................................................................................................... 26

2.6.3. Road transport ............................................................................................................ 26

2.6.4.

Inland waterways........................................................................................................ 27

2.6.5.

Safety in the transport of dangerous goods by road and rail ...................................... 27

2.6.6. Rail transport .............................................................................................................. 27

2

2.6.7. Air transport ............................................................................................................... 28

2.6.8. Maritime transport...................................................................................................... 28

2.7.

2.8.

INFORMATION SOCIETY ...................................................................................... 30

ENVIRONMENT....................................................................................................... 33

2.8.1.

Introduction ................................................................................................................ 33

2.8.2.

Freedom of access to information .............................................................................. 35

2.8.3.

Environmental impact assessment ............................................................................. 36

2.8.4. Air............................................................................................................................... 37

2.8.5. Water .......................................................................................................................... 38

2.8.6. Nature ......................................................................................................................... 41

2.8.7. Noise........................................................................................................................... 42

2.8.8. Chemicals and biotechnology .................................................................................... 43

2.8.9. Waste.......................................................................................................................... 44

2.8.10. Environment and industry .......................................................................................... 46

2.8.11. Radiation protection ................................................................................................... 47

2.9.

FISHERIES ................................................................................................................ 47

2.10.

INTERNAL MARKET .............................................................................................. 48

2.10.1. Free movement of goods ............................................................................................ 48

2.10.2. Free movement of services and right of establishment .............................................. 49

2.10.3. The business environment .......................................................................................... 51

2.10.4. Regulated professions (qualifications) ....................................................................... 53

2.11.

REGIONAL POLICY ................................................................................................ 54

2.11.1. Analysis of causes ...................................................................................................... 54

2.11.2. Effects of infringement situations .............................................................................. 54

2.12.

TAXATION AND CUSTOMS UNION.................................................................... 55

2.12.1. Customs union............................................................................................................ 55

2.12.2. Direct taxation ............................................................................................................ 55

2.12.3. Value-added tax.......................................................................................................... 56

2.12.4. Other indirect taxes .................................................................................................... 58

2.12.5. Mutual assistance ....................................................................................................... 58

2.13.

EDUCATION, AUDIOVISUAL MEDIA AND CULTURE.................................... 58

3

2.13.1. Education.................................................................................................................... 58

2.13.2. Audiovisual (Directives 97/36/EC of 30 June 1997 and 89/552/EEC of 3

October 1989 (Television without frontiers).............................................................. 59

2.14.

HEALTH AND CONSUMER PROTECTION ......................................................... 61

2.14.1. Veterinary legislation ................................................................................................. 61

2.14.2. Plant-health legislation ............................................................................................... 62

2.14.3. Seeds and seedlings legislation .................................................................................. 62

2.14.4. Food legislation .......................................................................................................... 63

2.14.5. Animal feedingstuffs legislation ................................................................................ 63

2.14.6. Consumer protection .................................................................................................. 63

2.14.7. Public health............................................................................................................... 64

2.14.8. Notification of technical rules .................................................................................... 64

2.15.

JUSTICE AND HOME AFFAIRS ............................................................................ 65

2.15.1. Application of the principle of the prohibition of nationality discrimination as

regards the right of residence and traffic offences ..................................................... 65

2.15.2. Free movement of people........................................................................................... 66

2.15.3. Right to vote at municipal elections ........................................................................... 66

2.16.

BUDGET.................................................................................................................... 67

2.16.1. Developments in proceedings dating from earlier years ............................................ 67

2.16.2. New proceedings ........................................................................................................ 67

2.17.

PERSONNEL AND ADMINISTRATION ............................................................... 67

2.18.

ENLARGEMENT...................................................................................................... 68

2.19.

COMMUNITY STATISTICS.................................................................................... 70

ANNEXES I-VI

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.

4

1.

FOREWORD

For  twenty  years  now,1  in  response  to  a  resolution  of  the  European  Parliament,2  the
Commission has been reporting annually3 on the activities undertaken in the exercise of
its  function  as  guardian  of  the  Treaties.  This  periodic  information  has  gradually  been
expanded with  annexes dealing  with the application of Community  law by the national
courts and the execution of judgments given by the Court of Justice, and more detailed
statistics.

The  annual  reports  on  monitoring  the  application  of  Community  law  pursue  a  twofold
objective:

-  to  allow  the  European  Parliament  to  fully  exercise  its  political  role  in  relation  to  the
discretionary powers conferred on the Commission by the Treaties;

-  to  provide  the  Member  States,  the  general  public  and  economic  operators  with  a
stock-taking exercise of the attainment of a Community based on the rule of law.

The  interest  for  this  regular  publicity  is  reflected  both  in  the  frequent  written  and  oral
questions in the European Parliament and in the number of times that citizens contact the
Commission,  particularly  by  making  complaints.  To  satisfy  these  needs  between  the
publication  dates  of  two  reports,  the  Commission  has  set  up  a  website4  devoted  to
decisions  on  infringement  proceedings  and  progress  in  notifying  Community  directives
("hitlist"). More specific data  can also  be found on  the  websites  on  the management of
certain Community policies.

The  structure  of  this  20th  annual  report  to  the  European  Parliament  on  monitoring  the
application  of  Community  law,  like  its  predecessors,  describes  the  salient  features  of
activity  in  the  main  areas  of  Commission  activity  in  the  course  of  the  year,  and  the
foreword offers a few thoughts on the last twenty years’ activity.

Main developments

internal  structure, 

Comparing the information given in twenty annual reports on monitoring the application
of Community law could be a hazardous enterprise, in view of extensive changes in the
the
Commission’s 
implementation  of  specific  actions.  The  completion  of  the  internal  market,  which
celebrated  its  tenth  anniversary  in  2002,  the  development  of  the  policy  on  health  and
consumer  protection,  and  public  interest,  particularly  in  social  and  environmental
questions, are so many factors to be considered before embarking on any analysis of the
raw figures set out in the annual statistical graphs and tables.

the  evolution  of  common  policies  and 

But  some  of  the  basic  data  can  be  used  not  only  to  measure  the  importance  of  the
Commission’s  activity  but  also  to  draw  conclusions  as  to  the  measures  underlying  the
trends observed.

1

2

3

4

The first report was for 1982 - COM(83) 181 final, 10.4.1984.
Resolution of 9 February 1983.
reports 
Annual 
http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infringements.
http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#transpositions

Commission 

accessible 

the 

are 

on 

website 

at

5

                                                
Complaints

The aggregate volume of complaints addressed to the Commission each year by citizens
wishing  to  contribute  to  the  integration  and  smooth  operation  of  their  Community  by
denouncing conduct which they perceive as contrary to Community law, whether or not
they  are  directly  concerned,  has  been  growing  steadily.  The  average  number  of
complaints  registered  each  year  virtually  doubled  between  1983-89  and  1990-98;  the
average rose from 536 to 1 047. In 1999-2002, the average number of complaints varied
around 1346. This increase alone highlights the public interest in the sound operation of
Community  mechanisms,  but  a  sector-by-sector  analysis  then  makes  it  possible  to
identify the areas most concerned as European integration proceeds.

Average distribution of complaints 
by sector (1990-98)

Average distribution of complaints by 
sector (1999-2002)

OTHER
2%

TREN
2%

AGRI
14%

COMP
2%

EMPL
5%
ENTR
2%

TAXU
5%
SNCO
1%

MARK
36%

JAIN
0%

ENVI
31%

AG RI
4 %

CO MP
2 %

EMP L
5 %

ENTR
2 %

ENV I
4 0 %

O THER
4 %

TREN
1%

TAX U
7 %

S NCO
6 %

MARK
2 7 %

JAIN
2 %

In general terms, however, the important point is that complaints are the chief source for
detecting infringements. The Commission has accordingly reinforced the instruments and
facilities  both  for  registering  complaints  and  for  dealing  with  them  more  quickly.  An
electronic  form  is  available  on  line,5  and  the  Commission  has  given  a  number  of
commitments  regarding  relations  with  complainants6  at  the  instigation  of  the  European
Ombudsman. When he receives a direct complaint, the Ombudsman routinely looks into
the way in which the Commission investigated the alleged misconduct that is complained
of.

Transposal of directives

Routine  checks  regarding  failure  to  notify  the  Commission  of  national  measures
transposing  directives  within  the  time  allowed  are  another  major  source  of  information
on  infringements.  For  some  years  now  the  first  stage  of  the  procedure  of  Article  226
(formal notice to act) has been launched on a much more automatic basis and at regular
intervals.

5

6

http://europa.eu.int/comm/secretariat_general/sgb/lexcomm/index_en.htm
Commission  Communication  to  the  European  Parliament  and  the  European  Ombudsman  on
relations  with  the  complainant  in  respect  of  infringements  of  Community  law:  COM(2002)  141
final.

6

                                                
The caseload here depends not only on the internal discipline which the Member States
impose  on  themselves  to  act  within  time-limits  that  they  themselves  accepted  in  the
Council but also on  the rising number of directives in force. Regular  "scoreboards"7  or
performance  tables8  can  give  different  results  as  the  years  go  by,  either  for  a  given
Member State  or  for  an  average  transposal  rate,  depending  on  all  these  variables.  They
are also a powerful incentive to improve the transposal rate.

Percentage failure to notify 2002

Percentage failure to notify 1982

3%

10.42%

The  graphic  confirms  this  interdependence.  At  the  end  of  1982,  640  directives  were  in
force with an average transposal rate of 89.58%. Twenty years later, 2240 directives were
in force with an average transposal rate of 98.87%. It is true that some progress remains
to  be  made,  in  particular  for  certain  Member  States,  and  the  98.5%  target  set  at  the
Stockholm  European  Council  suffices  to  demonstrate  the  importance  attached  to  this
aspect of Community law, but there is no escaping the fact that volume and complexity
can  constitute  handicaps.  The  Commission  has  not  been  inactive  in  the  face  of  this
problem  and  has  decided  to  provide  more  active  support  in  overcoming  technical
transposal difficulties where national authorities ask for it.

Pattern of contentious procedures

Analysis  of  the  statistics  on  the  various  stages  of  the  infringement  procedure  (formal
notice  to  act,  reasoned  opinion,  referral  to  the  Court  of  Justice)  shows  that  over  the
twenty years each of them has evolved within a bracket range. The frequency of letters of
formal  notice  to  act  depends  on  the  volume  of  law  applicable  and  the  Commission’s
diligence  in  monitoring  its  application,  but  the  frequency  of  reasoned  opinions  and
referrals to the court evolve in parallel, being slightly out of step only on account of the

7

8

-
Internal 
market 
http://europa.eu.int/comm/internal_market/en/update/score/index.htm, 
environment
scoreboard  in  The  annual  survey  on  the  implementation  and  enforcement  of  Community
environmental law - http://europa.eu.int/comm/environment/law/as01.htm.
Progress 
see
transposing 
http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#transposal on Europa.

scoreboard 

directives, 

and 

in 

7

                                                
different timings of the procedures. If the number of notices to act peaks in a given year,
there will inevitably be a peak in the number of reasoned opinions the next  year and in
court referrals the year after that, as the chart below shows.

90

80

70

60

50

40

30

20

10

0

% REFERRALS /TOTAL
% RO/TOTAL

% FN/TOTAL

19
78

19
79

19
80

19
81

19
82

19
83

19
84

19
85

19
86

19
87

19
88

19
89

19
90

19
91

19
92

19
93

19
94

19
95

19
96

19
97

19
98

19
99

20
00

20
01

20
02

The Commission has taken a number of measures, not only to shorten the time elapsing
between the various stages of the procedure so as to put matters right more quickly, but
also to boost preventive  action,  in particular by means  of complementary or alternative
methods to obtain rapid voluntary rectification of the situation.9

In  the  context  of  measures  to  boost  preventive  action,  the  SOLVIT  network10  deserves
special attention, and in the longer term it might be found that developing its scope is an
effective means of tackling conduct complained of by the general public through closer
cooperation between national authorities and the exchange of good practice.

9

10

White Paper on Governance, Operational conclusions: SEC(2003) 1344.
http://europa.eu.int/comm/internal_market/solvit/index_en.htm.

8

                                                
Execution of judgments given by the Court of Justice

As  in  the  2001  report,  it  is  interesting  to  see  how  the  Member  States  comply  with
judgments given by the Court of Justice and the action taken by the Commission in such
cases under Article 228. There are frequent parliamentary questions on the subject, which
is  evidence  of  concern  about  it.  Irrespective  of  the  statistical  analysis,  the  British  beef
controversy  prompted  the  Commission  to  consider  the  possibility  of  proposing  that  the
Court of Justice should order not only a periodic penalty payment but also a fine, to give
Member States an incentive to comply with judgments holding them to be in default.

MS

Subject matter

Year/Number: Duration 

(date
of first judgment
–  Article  226  of
the EC Treaty)

Penalty
payment

(€ / day)

Date 
decision

of

Status

B

Wild birds

1990/0291

2,5 (08/07/87)

7.750

10/12/1997

terminated

Student 
(nationality)

finance

1989/0457

(03/05/1994)

43.400

22/12/1999

Terminated
in 2001

DE

Surface water

1987/0372

2 (17/10/1991)

158.400

29/01/1997

terminated

Wild birds

1986/0222

2 (03/07/1990)

26.400

29/01/1997

terminated

Groundwater

1986/0121

2 (28/02/1991)

264.000

29/01/1997

terminated

Impact Directive

1990/4710

1,5 (22/10/1998)

237.600

21/12/2000 Withdrawn

in 2001

E

EL

Dir.  76/160/CE  –
Quality of bathing
water

Private 
(nationality)

schools

Higher  education
diplomas

1989/0418

2 (12/02/1998)

45.600

23/05/2001 Ongoing

1989/0165

2,5 (15/03/1988)

61.500

10/12/1997

terminated

1991/0668

2 (23/03/1995)

41.000

10/12/1997

terminated

Public 
contracts

service

1993/0711

1,5 (02/05/1996)

39.975

24/06/1998

terminated

Kouroupitos
waste dump

1989/0138

2 (07/04/1992)

24.600

26/06/1997

Terminated
in 2001

judgment
04/07/2000
=

€ 20.000

Access 
to
public-sector jobs

1991/0583

2 (02/07/1996)

57.400

01/07/1999

terminated

9

F

failure
Fisheries: 
monitor
to 
compliance  with
technical
conservation
measures

Defective
products

1984/0445

3 (11/06/1991)

316.500

20/12/2001 Ongoing

1989/0146

2,5 (13/01/1993)

158.250

31/03/1998

terminated

Wild birds

1984/0121

2,5 (27/04/1988)

105.500

24/06/1998

terminated

Night  work  by
women

Incorrect
transposal  of  the
third 
insurance
directives  (mutual
sector)

Failure  to  comply
with  Community
decisions 
on
British beef

I

Radiation
protection

Waste
management plan

Reorganisation  of
working time

1990/2109

1,5 (13/03/1997)

142.425

21/04/1999 Withdrawn

1995/2046

2,3 (16/12/1999)

242.650

22/05/2002 Ongoing

1999/2247

1(13/12/2001)

158.250

18/07/2002 Withdrawn

in 2002

1990/0240

2 (09/06/1993)

159.300

29/01/1997

terminated

1988/0239

2 (13/012/1991)

123.900

29/01/1997

terminated

1997/0095

2,7(09/03/2000)

238.950

17/12/2002 Ongoing

Urban 
water

waste

1993/0786

1,5 (12/12/1996)

185.850

02/12/1998

terminated

at 

Safety 
sea:
pollution  control
shipboard
and 
living 
and
working
conditions

L

Access 
to
public-sector jobs

Medical  treatment
on board vessels

1996/0997

1 (11/11/1999)

88.500

21/12/2000

terminated

1991/0222

2 (02/07/1996)

14.000

02/12/1998

terminated

1995/0142

(29/10/1998)

6.000

22/12/1999

terminated

10

Investigation 
civil 
accidents 
incidents

of
aviation
and

Bathing 
quality 
Blackpool 
Southport

water
-
and

Environmental
Impact 
85/337)

(Dir

UK

IR

1997/0107

1,8 (16/12/1999)

9.000

20/12/2001 Withdrawn

1986/0214

3 (14/07/1993)

106.800

21/12/2000 Withdrawn

1989/0425

3 (21/09/1999)

21.600

17/12/2002 Ongoing

Implementation of Governance White Paper

In 2002 the Commission completed its review following the Governance White Paper,11
with particular reference to improved monitoring of the application of Community law.
In  its  Communication  of  20.12.2002,12  the  Commission  outlines  ways  of  meeting  its
governance  objectives:  closer  preventive  cooperation  with  the  Member  States  coupled
with  better  information  for  the  public,  and  the  search  for  complementary  or  alternative
methods  of  help  to  remedy  infringements  outside  the  Article  226  procedure  while
boosting that procedure where it is necessary to apply it.

At the same time the Commission adopted a number of operational measures13 to support
this process,  such  as  setting  up  a  website  on  monitoring  the  application  of  Community
law, multiplying contacts with the Member States and internal organisation measures and
structural changes to improve the monitoring of legislative activity and the consistency of
the preventive and remedial action taken. The European Parliament could be offered an
initial review in the next annual report on monitoring the application of Community law.

The  action  to  be  developed  here  aims  not  only  to  meet  the  Commission’s  permanent
concern to perform to the full its function as guardian of the Treaties but also to take up
the  challenge  of  the  forthcoming  enlargement  and  avoid  a  proportional  increase  in  the
number of cases to be handled while continuing to handle them quickly even if they do
proliferate.

11

12

13

Commission  Communication  –  European  Governance:  Better  lawmaking:  COM(2002)275  fin,
6.6.2002.
Commission  communication:  Better  monitoring  of 
COM(2002) 725fin, 20.12.2002.
SEC (2002) 1344 final, 12.12.2002

the  application  of  Community 

law:

11

                                                
2.

SITUATION SECTOR BY SECTOR

2.1.

ECONOMIC AND FINANCIAL AFFAIRS

Free movement of capital

Overall  the  free  movement  of  capital  works  satisfactory  both  within  the  European
Community  and  in  relations  with  third  countries.  In  2002,  the  total  number  of
infringements  remained  stable.  But  some  of  them  are  significant  barriers  to  the  sound
operation of the single market.

For some years now the most serious infringements have involved investment restrictions
flowing from special rights of control that the authorities of certain Member States claim.
On  4  June  2002,  the  Court  of  Justice  gave  judgment  in  three  cases  concerning  golden
shares established at the time of privatisation of firms doing business in areas of general
or strategic interest.14  It  confirmed  that  restrictions  on  direct  investment  in  the  relevant
companies,  including  their  management,  were  compatible  with  the  Treaty  only  if  they
met  very  precise  conditions  avoiding,  among  other  things,  all  forms  of  discretion  and
discrimination.  These  judgments  again  confirm  the  principles  previously  set  out  by  the
Commission  in  its  Communication  on  certain  legal  aspects  concerning  intra-eu
investment,15 as did an earlier judgment given on 23 May 2000.16

This  valuable  clarification  of  the  law  relating  to  investment  restrictions  should  help  to
speed  up  the  handling  of  similar  cases  that  came  up  recently  as  regards  restrictions  on
various  activities commonly  acknowledged  to be services of  general economic  interest.
As  they  are  subject  to  an  accelerating  process  of  liberalisation  in  the  Community,  the
objective of protecting the general interest must not be allowed to serve as a pretext for
introducing restrictions that make the exercise of the fundamental freedoms conferred by
the Treaty less and less attractive.

For some years restrictions on the acquisition of real property have been a regular source
of  infringements  concerning  the  free  movement  of  capital,  affecting  individual  citizens
particularly  seriously.  On  5  March  2002  the  Court  of  Justice  gave  a  set  of  judgments
confirming  the  compatibility  of  a  prior  notification  procedure  for  the  acquisition  of
building plots.17 But the prior authorisation procedure was held contrary to Community
law. The fact that the Court had already ruled on similar questions once again illustrates
the relatively fragmentary nature of the Community  real property market and the limits
on  the  exercise  of  the  fundamental  freedoms  conferred  by  the  Treaties  on  European
economic operators. Beyond the immediate impact of these restrictions on the acquisition
of real property, they can also affect the right of establishment of individuals and bodies
corporate  and,  indirectly,  freedom  of  movement  of  persons  and  freedom  to  provide
services. A number of restrictions on the acquisition of real property in certain Member
States are currently under scrutiny.

14

15

16

17

C-367/98 Commission v Portugal, C-483/99  Commission v France  and  C-503/99  Commission  v
Belgium.
OJ C 220, 19.7.1997; 1997 General Report, point 210.
Case C-58/99 [2000] ECR I-3811.
Joined Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to C-540/99.

12

                                                
2.2.

ENTERPRISE

On 31 December 2002 there were more than 500 directives in force here. Complaints and
infringements  relating  to  these  directives  account  for  nearly  7.7  %  of  the  total  cases
handled by the Commission in 2002. This means that the number of decisions dealt with
by DG ENTR in 2002 was higher than in 2001.

The main reason for this is the shortfall in transposal regarding chemicals and cableway
installations (funicular railways, cable cars).

Delays  in  transposal  are  partly  due  to  the  length  of  internal  procedures  and  the
complexity  of  the  directives.  The  directives  to  be  transposed  are  highly  technical  and
sometimes involve several different government departments, which can lead to delays.

The number of cases of incorrect application or transposal are the same as in 2001. Most
of them concerned capital goods and pharmaceuticals.

Infringement proceedings can often be avoided as a result of Directive 98/34/EC, which
continues to play its role as the basic instrument for preventing barriers to trade and for
mutual  information.  That  directive  lays  down  an  information  procedure  requiring
Member  States  to  notify  the  Commission  and  the  other  Member  States  of  their  draft
technical standards for products and their draft rules for information society services for
scrutiny in relation to internal market rules prior to final adoption.

2.2.1. Chemicals

In the chemicals sector there was a major increase over 2001 in the number of cases of
failure  to  transpose.  Forty-four  new  infringement  proceedings  were  commenced,  11  of
them  being  terminated  when  national  transposal  measures  were  notified.  The  sharp
increase  in  the  number  of  non-transposal  cases  is  related  to  the  number  of  directives
falling due for transposal in 2002, which was up on 2001 (four as against one) and does
not therefore mean that there has been a reversal in the trend. As in 2001, the main reason
for failure to transpose seems to lie in delays in national transposal procedures rather than
other  factors,  though  explosives  (Directive 93/15/EEC)  are  an  exception.  One  case  is
currently under scrutiny in the context of Article 228 proceedings following a judgment
given by the Court of Justice in March 200018 holding that France had failed to transpose
Directive 93/15/EEC.

Regarding cases of incorrect transposal or application, no new infringement proceedings
were commenced.

2.2.2.

Pharmaceutical products

In  2002,  the  Commission  commenced  16  proceedings  for  failure  to  notify  measures
transposing Directives 2000/37/EC and 2000/38/EC on pharmacovigilance of human and
veterinary medicinal products. Most  of  them  were  terminated,  the  exceptions  being  the
proceedings  against  Italy  and  Germany.  The  Commission  decided  to  refer  the  case
against Germany to the Court of Justice. In the case against Italy, it issued two reasoned
opinions.

18

Case C-327/98.

13

                                                
Problems remain with the application and interpretation of Directive 89/105/EC 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. Some Member
States do not comply with the Directive’s requirements, particularly as regards the time
allowed  for  the  adoption  and  notification  of  a  decision  on  the  price  of  a  medicine,  the
requirement  that  decisions  be  taken  on  the  basis  of  objective,  verifiable  criteria,  the
provision  of  redress  procedures  against  decisions  and  the  conditions  for  constitution
of positive list of medicines covered by the national health insurance system.

In proceedings against Member States for failure to comply with Directive 89/105/EEC,
the Commission sent Greece an additional letter of formal notice for incorrect transposal.
The Greek authorities’ reply is now under scrutiny. In the proceedings against Austria for
incorrect  transposal  of  Directive  89/105/EEC,  the  Austrian  authorities  notified  the
Commission  of  measures  adopted  in  response  to  the  judgment  given  by  the  Court  of
Justice  on  27  November  2001  (Case  C-99/424),  finding  against  Austria  for  incorrect
transposal  of  the  Directive.  The  Commission  is  evaluating  the  new  measures  for
conformity.

Discussions  are  also  in  hand  with  other  Member  States  on  the  application  of  the
Directive.

Apart from the transparency Directive, there are two other major proceedings under way,
against  Belgium  and  Italy.  They  concern  Directive  89/381/EEC  concerning  medicinal
products  derived  from  human  blood  in  Belgium  and  the  conditions  for  suspending
authorisations  to  market  medicines  in  Italy.  In  the  former  case,  the  Belgian  authorities
adopted an Order terminating the infringement in 2002, which is now under scrutiny. In
the  latter  case,  the  Italian  authorities’  reply  to  the  letter  giving  formal  notice  is  under
scrutiny.

The Commission terminated proceedings against Spain relating  to  radio-pharmaceutical
medicines  and  proceedings  against  the  Netherlands  relating  to  the  registration  of
homeopathic products.

2.2.3. Cosmetics

No directives fell due for transposal in 2002. Among existing directives, only Directives
97/18/EC and 2000/41/EC postponing the date after which animal tests are prohibited for
ingredients  or  combinations  of  ingredients  of  cosmetic  products  continue  to  raise
transposal  problems,  as  three  Member  States  have  still  to  transpose  them.  But  these
infringement  cases  should  be  settled  in  2003  following  the  adoption  of  the  Parliament
and Council Directive amending Directive 76/768/EEC for the seventh time.

The Commission received no new complaints here in 2002.

14

2.2.4. Capital goods

Generally  speaking,  most  infringements  relating  to  capital  goods  (pressure vessels;
measuring  equipment,  medical  devices;  mechanical  and  electromechanical  equipment)
still  running  on  31  December  2002  concern  incorrect  application  or  transposal.
Regarding  pressure  vessels,  all  the  Member  States  have  now  transposed  Directive
97/23/EC, including Germany, which had been referred to the Court of Justice in 2001.19

Regarding  measuring  devices  and  Directive 1999/103/EEC  (units  of  measurement),  all
the  Member  States  have  notified  transposal  measures,  except  France,  which  states  that
they are in the pipeline.

Regarding in vitro medical devices (Directive 98/79/EC), France is the only country that
has  not  notified  full  transposal  measures,  and  the  infringement  proceedings  are  due  to
continue.

Progress  has  been  made  in  the  transposal  of  Directives 2000/70/EC  and  2001/104/EC
amending  Directive  93/42/EC  as  regards  medical  devices  incorporating  stable  products
derived  from  human  blood  or  human  plasma.  The  Commission  terminated  several
infringement  proceedings  for  failure  to  notify  it  of  transposal  measures.  But  France,
Belgium, Italy, Austria and Portugal have still to transpose them.

The last outstanding infringement proceeding for failure to transpose the mechanical and
electromechanical equipment directives was terminated. This concerned Greece’s failure
to transpose Directive 1999/5/EC on  radio  equipment  and  telecommunications  terminal
equipment and the mutual recognition of their conformity.

In 2002 progress was made with the cases concerning incorrect application or transposal
of  the  directives  on  medical  devices,  gas  appliances  and  pressure  vessels,  and  some
proceedings were terminated.

Italy, for instance, amended its legislation and came into line with Directive 90/396/EC
on  gas  appliances.  In  other  cases,  procedures  for  amendment  of  national  legislation  in
line with Community law have been announced.

The  Commission  was  able  to  terminate  four  infringement  proceedings  for  incorrect
application  or  transposal  of  mechanical  and  electro-mechanical  engineering  directives
through the strict application of the Article 226 procedure.

2.2.5. Motor vehicles, tractors and motorcycles

The  rate  of  transposal  of  the  directives  governing  the  type-approval  of  motor  vehicles,
agricultural  and  forestry  tractors  and  motorcycles  was  satisfactory.  Only  six  directives
were due for transposal in 2002, as against eleven in 2001.

Of  these  six  directives,  only  three  needed  letters  of  formal  notice  –  five  of  them  –  to
countries that had not transposed them in the time allowed (two to Portugal, one each to
Greece, Austria and Sweden).

19

Case C-2002/135.

15

                                                
But  Directive  2002/78/CE  on  the  approximation  of  the  laws  of  the  Member  States
relating to the braking devices of certain  categories  of motor vehicles and their trailers,
which fell due on 30 December 2002, had by then been transposed only by Germany and
Sweden.

More generally, the Commission has begun looking into the automatic transposal method
used  by  certain  Member  States 
transpose  motor-vehicle  directives.  Certain
infringement  cases,  particularly  those  concerning  the  Netherlands,  are  still  outstanding
pending  clarification  of  the  extent  to  which  this  method  gives  the  general  public  and
economic operators adequate publicity and certainty as to the law.

to 

The  complexity of the  legislation  and  the  constant  evolution  of  technologies  engenders
problems of interpretation regarding the type-approval of vehicles, which calls for close
and constant cooperation between the Commission and the type-approval authorities.

2.2.6.

Pleasure vessels and cableway installations

In 2002, the Commission sent a reasoned opinion to Belgium for incorrect application of
Directive 94/25/EC on pleasure vessels.

It also sent reasoned opinions to eight Member States (Germany, Greece, Italy,  Ireland,
Luxembourg,  Netherlands,  Austria  and  the  United  Kingdom)  for  failure  to  notify
measures transposing Directive 2000/9/EC relating to cableway installations designed to
carry persons.

2.2.7.

Payment delays

The  period  for  transposing  Directive  2000/35/CE  on  combating  late  payment  in
commercial transactions expired in August 2002. Only  eight Member  States transposed
in time. The Commission accordingly opened infringement proceedings against the other
seven. It then received national measures from Italy, Austria and the Netherlands, leaving
four Member States still in an infringement situation.

2.2.8.

Preventive rules provided for by Directive 98/34/EC

Directive  98/34/EC  (as  amended  by  Directive  98/48/EC)  lays  down  an  information
procedure  enabling  the  Member  States  and  the  Commission  to  exercise  prior  checks
against  the  internal  market  rules  on  draft  technical  standards  relating  to  products  and
draft rules relating to information society services.

In  2002,  the  Commission  was  notified  of  508  draft  standards  (30  of  them  relating  to
information society services). While the aggregate number is much the same as in 2001,
the  number  on  which  the  Commission  had  to  issue  a  reasoned  opinion  stating  that  the
proposed measure needed amending to remove potential unwarranted barriers to freedom
of  movement  of  goods  or  information  society  services  was  up  slightly.  Apart  from  the
infringements  of  the  EC  Treaty,  many  of  the  Commission’s  reasoned  opinions,  as  in
previous years, warned the addressees that their drafts were liable to infringe Community
directives on the free movement of goods or of information society services.

16

In  ten  or  so  cases  the  directive  facilitated  Community  harmonisation  procedures  by
precluding  the  adoption  of  national  measures  that  would  have  frozen  the  position  of
certain Member States at a time when common solutions were being sought. Most cases
concerned chemicals, agriculture and foodstuffs.

Where  it  observes  an  infringement  of  the  directive,  either  through  the  adoption  of
legislation  containing  technical  rules  that  have  not  been  notified  as  required  by  the
directive or through failure to comply with the status quo periods provided for by it, the
Commission engages in dialogue with the Member States to have the situation remedied
(for  example  through  notification  of  a  fresh  draft  and  its  subsequent  adoption)  or
commences infringement proceedings. At the end of 2002, 18 infringement proceedings
were  under  scrutiny.  The  small  increase  over  2001  is  due  to  the  growing  number  of
infringements  in  information  society  services.  The  explanation  is  that  it  this  a  new
complex  area  in  which  the  Member  States  encounter  difficulties  with  the  proper
application  of  the  procedure.  The  instruments  criticised  concern  electronic  signatures,
e-commerce and electronic communication.

To remedy the situation, briefing sessions on the operation of the notification procedure
have been held for certain Member States, highlighting the information society services
aspect.

In  2002,  the  Court  of  Justice  gave  an  important  judgment20  according  to  which  the
exception  allowed  by  Directive  83/189/EEC  (as  consolidated  by  Directive  98/34/EC),
whereby  a  Member State does not need  to notify  draft rules  that bring  it  into  line  with
mandatory Community provisions adopting technical specifications (e.g. transposal of a
directive), must be interpreted strictly.

To improve  dialogue  with  firms,  a  website  detailing  notified  drafts  has  been  opened  at
http://europa.eu.int/comm/enterprise/tris/index_en.htm.

2.3.

COMPETITION

In 2002, the Commission took decisions in 37 competition cases.21 Twenty-six of them
were terminated, but the Commission referred four to the Court of Justice. It is difficult to
draw overall conclusions from these figures, but it is clear that the Member States have a
general  tendency  to  take  the  measures  needed  to  come  into  line  with  Community
competition  law.  Competition  cases  account  for  only  a  small  proportion  of  suspected
infringements  of  Community  law  currently  under  scrutiny  at  the  Commission.  Most  of
the  complaints  filed  with  the  Commission  turn  out  to  be  unfounded  or  undeserving  of
priority for lack of  a Community dimension  or can be rejected  as  having  been  handled
properly  by  the  relevant  Member  State  when  they  were  under  scrutiny.  Many
infringement  cases  concerned  the  directives  on  competition  in  telecommunications  or
transparency  in  financial  relations  between  the  Member  States  and  their  public
enterprises.

20

21

Case C-390/99 Canal Satellite (judgment given on 22.1.2002).
This  Report  does  not  consider  the  Commission’s  scrutiny  of  suspected  infringements  of  the
Community rules on state aids on the basis of Article 88 of the EC Treaty.

17

                                                
2.3.1.

Telecommunications

At  the  end  of  2001,  the  Commission  had  received  a  complaint  from  the  French
association  of  multi-service  network  operators  (AFORM),  representing  the  majority  of
French cable operators. The complaint chiefly concerned alleged discrimination between
cable  operators  in  procedures  for  licensing  the  establishment  and  operation  of
telecommunications  services  and  awarding  and  charging  for  rights  of  way  over  public
land.  The  French  legislation  is  alleged  to  be  less  favourable  to  cable  operators  than  to
other  telecoms  operators,  which  could  be  a  serious  handicap  when  cable  operators
attempt to load telephone and Internet access services on their networks. La Commission
considers at this stage that the French rules do not appear to be compatible with Directive
95/51/EC,  which  abolished  restrictions  on  the  use  of  cable  television  networks,  or  the
provisions of Directive 96/19/EC relating to rights of way. A letter giving formal notice
to act was sent to the French authorities on 25 October 2002.

The Commission also opened an infringement procedure against Portugal concerning the
application of the  non-discriminatory  principle  to  the  allocation  of  rights  of  way  in  the
context of Directive 1990/388/EEC.

2.3.2.

Air transport

On  16  October  2002  the  Commission  terminated  the  infringement  proceedings  against
Portugal for failure to comply with  Commission Decision 1999/199/EC of 10 February
1999.

This decision, relating to the system of discounts on landing charges and the variations
depending on the origin of the flight, operated at the Portuguese airports of Lisbon, Porto
and  Faro  (Case  IV/35.703  -  Portuguese  airports),  established  that  the  system  was
incompatible with Article 86(1), read with Article 82 (discriminatory pricing imposed by
ANA-EP, public enterprise managing the relevant airports).

Portugal appealed to the Court of Justice of the European Communities on 4 May 1999.
By  judgment  given  on  29  March  200122  the  Court  dismissed  the  appeal  and  the
Portuguese authorities took measures (Decree-Act of 26 December 2001, implementation
decree of 3 July 2002) bringing the landing charges at the Portuguese airports of Lisbon,
Porto and Faro into line with the decision of 10 February 1999.

2.3.3.

State aid

Several  Member  States  have  still  not  implemented  amendments  to  the  so-called
Transparency Directive23, according to which undertakings entrusted with public service
missions  have  to  keep  separate  accounts  for  their  public  missions  on  the  one  hand  and
competitive  services  on  the  other  hand.  Using  public  funds  to  distort  competition
breaches the key principle according to which  companies that receive State  funding for
services  of  general  interest  cannot  use  these  resources  to  subsidise  activities  open  to
competition.  This  is  especially  true  for  newly  liberalised  sectors  where  emerging
competition is still vulnerable. As special or exclusive rights or the public funding may

22

23

Case C-163/99.
Commission  Directive  of  26  July  2000  amending  Directive  80/723/CEE  on  the  transparency  of
financial relations between the Member States and public undertakings.

18

                                                
thus  not  unduly  favour  the  public  undertakings’  competitive  activities,  financial
transparency  in  the  relations  between  the  State  and  public  service  undertakings  is
indispensable.  Member  States  had  until  the  end  of  July  2001  to  implement  the
Transparency  Directive  into  their  national  laws.  On  19  October  2001  the  Commission
sent  a  reminder  to  some  Member  States  which  had  not  implemented  the  Transparency
Directive. On 26 June 2002 the Commission sent a reasoned opinion under Article 226 of
the EC-Treaty to Finland, France, Ireland, Italy, Portugal and Sweden. As none of these
Member  States  had  transposed  the  Transparency  Directive  into  national  law,  the
Commission  requested  that  they  comply  with  their  obligation  to  do  so  within  two
months. In those cases where the Member States have failed to inform the Commission
of  the  provisions  adopted  to  comply  with  the  new  requirements,  the  Commission,  has
brought  the  matter  before  the  European  Court  of  Justice.  In  a  related  development,  the
Commission opened new proceedings against Belgium and Luxembourg.

In the Maribel case the Court of Justice gave judgment against Belgium in July 2001 for
failure to obtain reimbursement of aid  given in the form of tax relief. The Commission
considered that Belgium had not fully executed the Court’s judgment and put it on formal
notice in the procedure of Article 228(2) of the EC Treaty in April 2002, following this
with a reasoned opinion in July 2002.

2.4.

EMPLOYMENT AND SOCIAL AFFAIRS

This covers different aspects of social policy (free movement of workers, equal treatment
for women and men, working conditions  and  health and  safety at the workplace) and a
variety of legal instruments (EC Treaty, regulations and many directives).

In  cases  concerning  the  free  movement  of  workers,  the  Commission  has  to  tackle
problems  of  incorrect  application  of  certain  provisions  of  the  EC  Treaty  and  the
Regulations  that  apply  here,  which  it  learns  about  through  individual  complaints  from
citizens, whereas in other areas (equal treatment for women and men, working conditions
and health and safety at the workplace), the main problems concern incorrect transposal
measures, or failure to notify such measures.

Free movement of people

In  the  field  of  the  free  movement  of  persons,  problems  remain  owing  to  incorrect
application  of  the  relevant  provisions  of  the  Treaty  (articles  39  and  42  EC)  and
Regulations Nos 1408/71 and 1612/6824. A large number of proceedings already opened
were  continued.  One  example  concerns  the  difficulty  of  obtaining  recognition  in  the
public service in several Member States of work experience acquired in another Member
State. The cases against Belgium, France, Spain, Italy, Portugal, Austria and Ireland still
continue  despite  the  fact  that  some  progress  in  achieving  conformity  with  Community
law  has  been  made.  The  Commission  also  decided  to  refer  the  case  against  Belgium
concerning  a  family  benefit  ("allocation  d'interruption  de  carrière")  to  the  Court  of
Justice, as the payment of this benefit is conditional upon a person residing in Belgium.
In relation to a similar residence condition which needs to be fulfilled in order to qualify
for the benefit in case of pre-retirement, a reasoned opinion was sent to Belgium.

24

See  in  this  respect  also  the  recently  adopted  Communication  from  the  Commission  'Free
movement  of  workers  –  achieving  the  full  benefits  and  potential',  11  December  2002,  COM
(2002) 694 final.

19

                                                
The proceedings against Italy for having failed to communicate national measures taken
in order to comply effectively with the Court's ruling25 condamning it for non-recognition
of the acquired rights of former foreign-language assistants by certain Italian universities
('Lettori'),  continue  and  the  Commission  decided  to  send  a  reasoned  opinion  under
Article 228 of the Treaty.

On the other hand, infringement proceedings against France concerning the deduction of
the "contribution sociale généralisée" and the "contribution pour le remboursement de la
dette sociale" from the income of frontier workers which continued under Article 228 of
the Treaty could be closed, following the adoption of the necessary measures to comply
with the judgment delivered by the Court26.

The  deadline  for  notifying  national  measures  transposing  Directive  98/49/EC27  was  25
January  2002,28  and  infringement  proceedings  were  begun  against  Member  States  that
had not notified them by then.

Equal treatment of men and women

As regards cases of failure to notify national transposal measures, a reasoned opinion was
sent  to  Greece  for  failure  to  transpose  Directive  97/80/EC  (burden  of  proof).  But  the
proceedings  against  Greece  for  failure  to  transpose  Directive  96/97/EC,29  in  which  the
Court of Justice had given judgment against Greece30 and which were continuing under
Article 228 of the Treaty, were terminated when Greece adopted the requisite measures.

A reasoned opinion was served on the Luxembourg Government for incorrect transposal
of  Directive  96/34/EC  (parental  leave),  but  the  case  against  the  United  Kingdom  was
terminated on the adoption of measures transposing the Directive properly.

The  proceedings  concerning  incorrect  application  of  Directives  75/117  and  79/7  in
Greece  (failure  to  abolish,  with  retroactive  effect,  provisions  of  collective  agreements
subjecting the grant of family and marriage allowances to female workers to conditions
not imposed on married male workers),31 which were continuing under Article 228 of the
Treaty, were terminated.

As  regards  Directive  76/207/EEC,  the  Commission  decided  to  refer  to  the  Court  of
Justice its case against Germany, where national legislation precludes part-time workers
in  the  public  sector  from  serving  on  committees  representing  staff.  The  Commission
considers  that  in  reality  this  has  a  greater  effect  on  female  workers  and  therefore
constitutes  indirect  sex  discrimination  contrary  to  Directive  76/207/EEC,  and  in
particular Articles 1 and 2. A reasoned opinion was served on the Austrian authorities as
regards  the  prohibition  on  women  working  in  high-pressure  environments  and

25

26

27

28

29

30

31

Judgment ECJ of 26 June 2001 in Case C-212/99.
Judgments of 15 February 2000 in Cases C-169/98 and C-34/98.
Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of
employed and self-employed persons moving within the Community: OJ L 209, 25.7.1998, p. 46.
For progress in transposal, see Annex IV, Part 2 of this report
Council Directive 86/378/EEC on the implementation of the principle of equal treatment for men
and women in occupational social security schemes.
Case C-457/98 (judgment given on 14 December 2000).
Case C-187/98 (judgment given on 28 October 1999).

20

                                                
atmospheres  and  in  underground  mines.  The  Commission  regarded  this  as  contrary  to
Article 3 of Directive 76/207/EEC.

Working conditions

As  regards  working time, the Article 228  proceedings against  Italy for failure  to  notify
measures  to  comply  with  the  judgment  given  against  it  by  the  Court  of  Justice32  for
failure  to  notify  national  measures  transposing  Directive  93/104/CE33  are  still  running.
As  Italy  has  still  taken  no  measures  to  comply,  the  Commission  has  decided  to  bring
fresh proceedings in the Court of Justice,34 asking the Italy be ordered to pay a penalty
payment of €238 950 per day of delay.

On 8 May 2002, following a reasoned opinion (on the ground that Directive 93/104/EC
had  been  transposed  in  Denmark  by  collective  agreements  that  did  not  apply  to  all
workers),  Denmark  adopted  legislation  completing  transposal.  The  proceedings  for
failure to cover certain workers in collective agreements transposing the Directive will be
terminated shortly.

Following  the  adoption  of  the  report  on  progress  in  transposing  the  directive,35  the
Commission  also  commenced  proceedings  in  a  number  of  other  cases  of  incorrect
national transposal measures.

As  regards  the  working  time  of  seafarers,  the  time  allowed  for  transposing  Directive
1999/63/EC36  expired  on  30  June  2002.37  Infringement  proceedings  have  been
commenced against Member States that had not notified national transposal measures in
time.

Problems  remain  with  the  non-conformity  of  measures  transposing  Directive  77/187
concerning  the  safeguarding  of  employees'  rights  in  the  event  of  transfers  of
undertakings, businesses or parts of businesses in Italy (where it does not apply in certain
crisis  situations  such  as  a  court-ordered  preventive  composition  with  creditors  or  a
special administration procedure). The case is still ongoing in the Court of Justice.38 The
deadline  for  notifying  national  measures  transposing  Directive  98/50/EC39  was  17  July
2001,40  and  infringement  proceedings  were  begun  against  Member  States  that  had  not

32

33

34

35

36

37

38

39

40

Case C-386/98 (judgment given on 9.3.2000).
Council Directive of 23 November 1993 concerning certain aspects of the organisation of working
time: OJ L 307, 13.12.1993, p. 18.
Case C-2003/057.
Commission  report  on  progress  in  transposing  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.
Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of
working  time  of  seafarers  concluded  by  the  European  Community  Shipowners'  Association
(ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex:
European Agreement on the organisation of working time of seafarers: OJ L 167, 2.7.1999, p. 33.
For progress in transposal, see Annex IV, Part 2 of this report
Case C-145/01 Commission v Italy.
Council  Directive  98/50/EC  of  29  June  1998  amending  Directive  77/187/EEC  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 201, 17.7.1998,
p. 88.
For progress in transposal, see Annex IV, Part 2 of this report .

21

                                                
notified  them  by  then.  A  reasoned  opinion  was  sent  to  Portugal,  and  the  case  against
Ireland was referred to the Court of Justice.41

Turning  to  the  fixed-term  work  directive,42  a  reasoned  opinion  was  sent  to  the
Netherlands  for  failure  to  notify  national  transposal  measures  in  due  time.  Proceedings
against Ireland for failure to transpose in good time continued, and it has been decided to
refer to the Court of Justice.

As  regards  Directive  98/59/EC  on  collective  redundancies,43 
infringement
proceedings against Italy and Portugal for incorrect transposal are  still  in  motion  in the
Court  of  Justice.44  The  same  applies  to  the  action  against  Germany45  for  incorrect
transposal  of  the  posting  of  workers  directive,46  where  the  Court  will  have  the
opportunity to rule on the interpretation of the concept of “minimum rates of pay”.

the 

Health and safety at work

Proceedings  against  Member  States  that  have  not  yet  notified  measures  transposing
Directives  98/24/EC47  and  2000/39/EC  48  for  the  protection  of  health  and  safety  at  the
workplace  continued,  and  the  decision  has  been  taken  to  refer  France  (Directive
98/24/EC) and France and Italy (Directive 2000/39/EC) to the Court of justice.

Following the judgment given by the Court of Justice against Austria for failure to notify
full  measures  transposing  Directives  95/3049,  97/5950  and  97/6551  (risks  of  exposure  to
biological agents at work), Article 228 proceedings are in motion as regards the first two
directives. But the proceedings concerning Directive 97/65 were terminated.

Several  infringement  proceedings  have  been  commenced  or  continued  regarding
problems  of  incorrect  transposal  of  the  framework  Directive  89/391/EEC52  and  its
specific  directives.  Reasoned  opinions,  for  example,  were  sent  to  Austria,  France  and
Spain regarding transposal of Directive 89/391/CEE. Proceedings are also still in motion
against Ireland, Sweden and the United Kingdom, and the cases against the Netherlands
and Luxembourg have reached the Court of Justice.53 On 7 February 2002 judgment was

41

42

43

44

45

46

47

48

49

50

51

52

53

Case C-2003/075.
Directive  99/70/EC  of  28  June  1999  concerning  the  framework  agreement  on  fixed-term  work
concluded by ETUC, UNICE and CEEP: OJ L 175, 13.7.99, p. 43.
Council  Directive  98/59/EC  of  20  July  1998  on  the  approximation  of  the  laws  of  the  Member
States relating to collective redundancies: OJ L 225, 12.8.1998, p. 16.
Cases C-32/02 and C-55/02 respectively.
Case C-341/02.
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:  OJ  L  18,
21.1.1997, p. 2.
Council Directive on the protection of the health and safety of workers from the risks related to
chemical agents at work.
Commission Directive establishing a first list of indicative occupational exposure limit values in
implementation  of  Council  Directive  98/24/EC  on  the  protection  of  the  health  and  safety  of
workers from the risks related to chemical agents at work.
Case C-473/99 (judgment given on 14.6.2001).
Case C-110/00 (judgment given on 11.10.2001).
Case C-111/00 (judgment given on 11.10. 2001).
Council Directive on the introduction of  measures to encourage improvements in the safety  and
health of workers at work.
Cases C-441/01 and C-335/02 respectively.

22

                                                
given  against  Germany54  for  incorrect  transposal  of  the  obligation  imposed  by  the
directive for a health and safety risk evaluation to be available in documentary form at all
times. Article 228 proceedings against Italy following the judgment given by the Court of
Justice55 are under examination.

Regarding  the  specific  directives,  Spain  has  been  referred  to  the  Court  of  Justice  for
incorrect transposal of Directive 89/655/EEC (work equipment), and judgment was given
against  Italy  on  24  October  200256  for  incorrect  transposal  of  Directive  90/270/EEC
(display screen equipment).

2.5.

AGRICULTURE

Monitoring the application of Community law in agriculture proceeds along two axes –
removing  barriers  to  the  free  movement  of  agricultural  produce  and  ensuring  that  the
more  specific  mechanisms  of  the  agricultural  regulations  are  applied  effectively  and
correctly.

The  general  tendency  for  traditional  barriers  to  the  free  movement  of  agricultural
produce,  such  as  routine  import  checks  and  demands  for  certification,  to  come  down
continued. The Member States sometimes took action to reserve the use of labels quality
for national or regional produce, and the Commission had to intervene.

While it supports initiatives to promote the quality of agricultural produce and foodstuffs,
which can help create new market outlets, improvements in farmers’ incomes and wider
choice for consumers, the Commission has always sought to ensure that quality labels are
not  reserved  de  jure  or  de  facto  for  national  or  regional  products  where  they  have  no
specific quality features recognised as such.

This  approach,  the  purpose  of  which  is  to  avoid  such  labels  generating  arbitrary
discrimination against producers and operators in other Member States and unwarranted
barriers to the free movement of goods (cf. Case C-13/78 Eggers (12.10.1978) and Case
C-321/94  Montagne  (7.5.1997)),  was  recently  upheld  by  the  Court  of  Justice.  In  Case
C-325/00 the Court gave judgment for the Commission in its action against the German
CMA  label.57  The  label,  which  states  “Markenqualität  aus  deutschen  Landen”  (quality
label  for  produce  made  in  Germany),  requires  at  least  part  of  the  process  of  producing
agricultural produce and foodstuffs to have taken place in Germany. The Court held that
“Such  a  scheme,  set  up  in  order  to  promote  the  distribution  of  agricultural  and  food
products made in Germany and for which the advertising message underlines the German
origin of the relevant products, may encourage consumers to buy  the products  with  the
CMA label to the exclusion of imported products” and gave judgment against Germany.
In the same context, an action was brought in the Court on ten French regional labels;58
Mr  Advocate-General  Mischo  presented  his  conclusions  on  5.12.2002,  supporting  the

54

55

56

57

58

Case C-5/00.
Case C-49/00 (judgment given on 15 November 2001).
Case C-455/00.
Judgment given on 5.11.2002 [2000] ECR 0000.
In the case of France the infringement proceedings concern the following regional quality labels:
"Limousin",
"Normandie", 
"Languedoc-Roussillon",  "Lorraine",  "Savoie",  "Franche-Comté",  "Corse",  "Midi-Pyrénées"  and
"Salaisons d'Auvergne".

"Nord-Pas-de-Calais", 

"Ardennes 

France", 

de 

23

                                                
Commission. The Commission then decided to bring actions in the Court on two Italian
regional quality labels59 and two Belgian regional labels.60

Regarding  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,  it  is  worth  recalling  the
judgment given by the Court of Justice on 9 November 1997 in Case C-265/95,61 where
it  held  that  "by  failing  to  adopt  all  necessary  and  proportionate  measures  in  order  to
prevent the free  movement  of fruit  and vegetables from being obstructed by actions  by
private individuals, the French Republic has failed to fulfil its obligations under Article
30  of  the  EC  Treaty  (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  has  been
untrammelled  since  that  judgment  was  given  suggests  that  the  measures  taken  by  the
French Government to give effect to it have worked better than those taken in previous
years. But in 2002 there was a campaign to threaten violence and force supermarkets in
certain regions to give pride of place to French or regional fruit and vegetables.

In monitoring the application of specific common agricultural policy rules, the Commission
has  continued  to  pay  regular  attention  to  the  application  of  instruments  for  controlling
production, such as the milk quotas scheme, and the integrated management and control of
Community assistance.

A  case  was  brought  in  the  Court  of  Justice  as  regards  the  delays  in  implementing  the
integrated  management  and  control  system  for  certain  Community  aid  schemes  under
Regulation  (EEC)  No  3508/92  in  Greece.62  That  regulation  harmonises  and  rationalises
management  and  control  measures  for  Community  aid  schemes,  particularly  for  arable
farming  and  production  of  beef  and  veal,  sheepmeat  and  goatmeat  in  order  to  boost
efficiency  and  profitability,  through  a  policy  of  prevention  and  enforcement  regarding
potential irregularities in EAGGF financial operations.

Although  there  is  an  obligation  to  establish  the  practical  measures  for  the  integrated
control  system  by  1  January  1997,  the  Greek  authorities  have  not  fully  met  the
requirements  of  Article  2  of  Regulation  (EEC)  No  3508/92,  designed  to  ensure  that
payments  by  Community  bodies  are  in  accordance  with  the  law  and  regulations
applicable to them.

In  addition  to  these  proceedings,  the  Commission  acted  to  enforce  the  rules  protecting
biological agriculture, to prevent charges being levied on amounts due from the Structural
Funds and to enforce compliance with the third-country banana import rules.

It decided to refer to the Court of Justice a new set of Spanish rules allowing the word “Bio”
to  be  used  for  products  not  produced  by  biological  agriculture  techniques  within  the
meaning  of  Council  Regulation  (EEC)  No  2092/1991  of  24  June  1991,  as  amended  by

59

60

61

62

In  Italy  the  infringement  proceedings  concerned  the  "Regione  Siciliana-Marchio  Qualità"  and
"Abruzzo Qualità" regional quality labels.
In Belgium the infringement proceedings concerned the “Label de qualité wallon” and the Blanc
bleu fermier” label.
[1997] ECR I-6959 (judgment given on 9.11.1997).
Case C-2002/328.

24

                                                
Regulation  (EC)  No  1999/1804  on  organic  production  of  agricultural  products  and
indications  referring  thereto  on  agricultural  products  and  foodstuffs.  It  issued  a  reasoned
opinion against the charging of an administrative levy by  IFADAP, the Portuguese public
body  responsible  for  Community  and  national  agriculture  and  fisheries  support  and
assistance  schemes,  on  amounts  paid  to  recipients  of  assistance  co-financed  by  the
Structural  Funds,  contrary  to  Regulations  (EEC)  Nos  4253/88  and  2082/93.  And  it
continued its infringement proceedings against France by issuing a reasoned opinion on the
ground  that  France  determined  reference  quantities  for  the  issue  of  import  licences  for
bananas  that  were  well  in  excess  of  the  quantities  determined  by  Regulation  (EC)  No
896/2001.

Directive 98/34/EC requires the Member States and the EFTA countries to notify, prior
to  adoption,  all  draft  rules  containing  technical  standards  that  could  raise  barriers  to
intra-Community trade in agricultural produce, and once again 2002 saw a proliferation
of drafts notified to the Commission. A total of 119 drafts notified by the Member States
and  the  EFTA  countries  in  agricultural  matters  under  Article  28  of  the  EC  Treaty  and
secondary legislation were examined in 2002.

2.6.

ENERGY AND TRANSPORT

In 2002, 231 infringement cases were scrutinised, including 119 cases of failure to notify
measures  transposing  directives  and  112  cases  of  incorrect  transposal  of  directives  or
incorrect  application  of  Community  law.  The  reason  for  this  stability  in  the  number  of
infringement  cases  despite  the  large  number  of  cases  closed  during  the  report  period
(111,  including  79  cases  of  failure  to  notify)  is  the  faster  transposal  of  transport
directives,  even  though  the  Member  States  very  often  fail  to  abide  by  the  transposal
deadlines.  100  new  infringement  cases  were  opened  (59  of  them  for  failure  to  notify),
and 28 complaints were examined during the same period. The Court of Justice gave 15
judgments for failure to fulfil obligations.

Energy

2.6.1.

Internal market for electricity and natural gas

Parliament and Council Directive  96/92/EC of 19  December  1996  concerning  common
rules for the internal market in electricity has been transposed by all the Member States
except Belgium, which has still to issue a number of implementation Orders, for which
the Commission has referred it to the Court of Justice.63

Parliament  and  Council  Directive  98/30/EC  concerning  common  rules  for  the  internal
market  in  natural  gas  was  to  be  transposed  by  10  August  2000.  France  has  still  not
transposed it, and the Court of Justice gave judgment against it on 28 November 2002.64
Germany has transposed only part of the directive, and the Commission has decided  to
refer the case to the Court of Justice.

63

64

Case C-2002/126.
Case C-2001/259 Commission v France [2002] ECR I-11093 (judgment given on 28.11.2002).

25

                                                
2.6.2.

Energy efficiency

Parliament  and  Council  Directive  2000/55/EC  of  18  September  2000  on  energy
efficiency requirements for ballasts for fluorescent lighting fell due for transposal on 20
November 2001 and has been transposed  in  all Member States  except Germany, where
transposal measures should be adopted in 2003.

Since  no  reports  on  the  application  of  Council  Directive  93/76/EEC  of  13  September
1993  to  limit  carbon  dioxide  emissions  by  improving  energy  efficiency  (SAVE)  have
in  motion  against  Ireland  and
been 
Luxembourg,  and  the  Commission  has  decided  to  refer  the  latter  Member  State  to  the
Court of Justice.65

infringement  proceedings  are 

transmitted, 

There  have  been  delays  in  notifying  measures  transposing  Commission  Directive
2002/31/EC of 22 March 2002 implementing Council Directive 92/75/EEC with regard
to energy labelling of household air-conditioners and Commission Directive 2002/40/EC
of  8  May  2002  implementing  Council  Directive  92/75/EEC  with  regard  to  energy
labelling of household electric ovens. When these two Directives fell due for transposal
(31 December 2002), only one Member State had fulfilled its obligations.

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  by  all  the  Member  States.  But  proceedings  are  still  in  motion  against
Greece for incorrect application of the Directive, and a reasoned opinion was issued on
23 October 2002.

Transport

In 2002, eight new transport directives fell due for transposal. The  rate of transposal of
transport directives, which had risen sharply to 98% in May, has fallen back to its 2001
level  of  94.7%  as  Member  States  were  behind  schedule  in  notifying  measures  for  the
three directives due to be transposed in December 2002. The number of complaints (23)
was  double  the  previous  year’s.  But  the  number  of  infringement  proceedings  that  the
Commission  decided  to  refer  to  the  Court  of  Justice  was  down  by  over  a  half  (11,  as
against 24 in 2001). The number of judgments given against Member States for failure to
act  was  stable  (14,  as  against  15  in  2001),  the  specific  case  of  bilateral  air  navigation
agreements with the United States accounting for eight of them.

2.6.3.

Road transport

On  6  June  2002  judgment  was  given  against  Belgium  for  failure  to  transpose  Council
Directive 98/76/EC 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.66 The proceedings against France, Luxembourg and Sweden were terminated.
The Belgian authorities notified the Commission of  a  Royal  Decree  of  7  May  2002  on

65

66

Case C-2002/461.
Case C-2001/274 Commission v Belgium [2000] ECR I-5151 (judgment given on 6.6.2002).

26

                                                
the transport of goods by road, and proceedings will be terminated as soon as the Decree
relating to passenger transport is notified.

Ireland is the only Member State that has not yet transposed Directive 2001/9/EC of 12
February  2001  adapting  to  technical  progress  Council  Directive  96/96/EC  on  the
approximation  of  the  laws  of  the  Member  States  relating  to  roadworthiness  tests  for
motor  vehicles  and  their  trailers.  The  Commission  issued  a  reasoned  opinion  on  19
December 2002.  Six Member States  are behind schedule in transposing Parliament and
Council Directive 2000/30/CE on the technical roadside inspection of the roadworthiness
of commercial vehicles circulating in the Community, which was due for transposal on 9
August 2002.

Regarding driving  licences, there  is  still  serious  concern  about  the  proper  transposal  of
Directive  91/439/CEE  in  certain  Member  State,  in  particular  France,  Spain  and  the
Netherlands.  The  problems  that  recur  in  citizens’  complaints  cover  national  provisions
relating to the minimum age for a vehicle category, renewal of licences for EU citizens
no longer residing in the Member States of issue, the criteria for vehicles used for tests,
the duration of the practical test, and minimum requirements in terms of aptitude.

2.6.4.

Inland waterways

All the Commission’s infringement proceedings against Finland for failure to transpose
the inland waterways directives67 have been terminated, as transposal measures have now
been notified. France has complied with the judgment given by the Court of Justice on 20
September 200168 by notifying the Decree of 29 August 2002 on the crewing and control
of inland waterway vessels.

2.6.5.

Safety in the transport of dangerous goods by road and rail

In recent years there were serious delays in the transposal of directives69 relating to safety
in the transport of dangerous goods by road and rail. Several proceedings were opened,
and  the  Court  has  given  judgment  against  Italy  and  Ireland.  There  was  spectacular
progress in 2002, since only one proceeding is still in motion, against  Luxembourg, for
failure to transpose Directive 2001/26/CE.70 But the Commission has still not received all
the national measures transposing Directives 2001/6/EC and 2001/7/EC, which were due
for transposal by 31 December  2002.  Council  Directives  1999/36/EC  of  29  April  1999
and  2001/2/CE  on  transportable  pressure  equipment  were  due  for  transposal  on  1  July
2001, and on 19 December 2002 the Commission decided to refer its case against Ireland
for failure to transpose to the Court of Justice.

2.6.6. Rail transport

The situation regarding Directive 96/48/EC of 23 July 1996 on the interoperability of the
trans-European  high-speed  rail  system,  the  aim  of  which  is  to  promote  interconnection

67

68

69

70

Directive  96/50/EC;  Directive  91/672/EEC;  Directive  87/540/EEC;  Directive  82/714/EEC;  and
Directive 76/135/EEC.
Case C-2000/468 Commission v France [2001] ECR I-6337 (judgment given on 20.9.2001).
Directive  94/55/EC;  Directive  95/50/EC;  Directive  96/49/EC;  Directive  96/86/EC;  Directive
96/87/EC; Directive 99/47/EC; Directive 99/48/EC; and Directive 2001/26/EC.
Reasoned opinion sent on 27.6..2002.

27

                                                
and  interoperability  of  national  high-speed  rail  systems  at  the  various  stages  of  design,
construction and entry into service and also of operation and network  access, was  fully
put  right  in  2002,  since  all  the  Member  States  have  now  notified  the  Commission  of
transposal  measures,  the  Court  of  Justice  having  found  against  the  United  Kingdom  on
30 May 2002.71

2.6.7.

Air transport

All the air transport directives  have been transposed by the Member States, except  that
Ireland  has  still  to  transpose  Directives  98/20/EC  and  1999/28/EC  limiting  the  use  of
certain  types  of  civilian  subsonic  jet  aircraft.  On  15  October  2002  the  Court  of  Justice
gave judgment finding that Ireland had failed to fulfil its obligations in relation to these
two directives.72

The  Commission  referred  to  the  Court  of  Justice  its  cases  against  Germany  and  Italy
concerning the application of Directive 96/67/EC on access to the groundhandling market
at  Community  airports.  The  infringements  noted  in  connection  with  airport  taxes  also
continued.  The  imposition  of  varying  rates  of  tax  by  Member  States  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.  Proceedings  against  the  Netherlands  and
Portugal continue, but the case against Italy has been terminated.

On  5  November  2002  the  Court  of  Justice  gave  judgment  in  the  cases  relating  to  the
bilateral  “open-skies”  agreements  between  eight  Member  States  (Belgium,  Denmark,
Germany, Finland, Luxembourg, Austria, Sweden and United Kingdom) and the United
States.73 It held that these agreements were not in conformity with Community law and
violated the Community’s exclusive powers of external action.

2.6.8. Maritime transport

The Commission  observes  an  improvement  in  the  rate  of  transposal  of  maritime  safety
directives, as all those due for transposal on 30 June 2002 have been transposed in all the
Member  States.  All  the  proceedings  for  failure  to  notify  measures  transposing  the
directives on a system of mandatory surveys for the safe operation of regular ro-ro ferry

71

72

73

Case  C-2000/441  Commission  v  United  Kingdom  [2002]  ECR  I-4699  (judgment  given  on
30.5.2002).
Cases C-2001/327 and C-2001/328 Commission v Ireland [2002] ECR I-8817 (judgment given on
15.10.2002).
Case  C-1998/466  Commission  v  United  Kingdom  [2002]  ECR  I-0000  (judgment  given  on
5.11.2002).Case  C-1998/467  Commission  v  Denmark  [2002]  ECR  I-0000  (judgment  given  on
5.11.2002).Case  C-1998/468  Commission  v  Sweden  [2002]  ECR  I-0000  (judgment  given  on
5.11.2002).Case  C-1998/469  Commission  v  Finland  [2002]  ECR  I-0000  (judgment  given  on
5.11.2002).Case  C-1998/471  Commission  v  Belgium  [2002]  ECR  I-0000  (judgment  given  on
5.11.2002).Case C-1998/472 Commission v Luxembourg [2002] ECR I-0000 (judgment given on
5.11.2002).Case  C-1998/475  Commission  v  Austria  [2002]  ECR  I-0000  (judgment  given  on
5.11.2002).Case  C-1998/476  Commission  v  Germany  [2002]  ECR  I-0000  (judgment  given  on
5.11.2002).

28

                                                
and  high-speed  passenger  craft  services,74  port  State  control75  and  safety  rules  and
standards for passenger ships76 have accordingly been terminated.

Unfortunately  the  delays  persist  with  regard  to  the  four  directives  falling  due  in  the
second half of 2002.77

Regarding the application of Directive 95/21/EC (port State  control), which harmonises
the enforcement of international standards for ship safety, conditions for immobilisation
and/or  refusal  to  allow  access  to  Community  ports,  the  Commission  decided  to  refer
proceedings against France and Ireland to the Court of Justice78 for incorrect application
of  the  directive  in  the  form  of  failure  to  comply  with  the  obligation  to  inspect  at  least
25%  of  vessels  flying  foreign  flags  that  land  at  their  ports  or  navigate  in  waters  under
their jurisdiction.

Compliance  with  Community  legislation  on  registration  of  ships  and  the  grant  of  flag
rights continues to pose difficulties in the Netherlands, where the conditions for entry of
vessels  in  the  shipping  register  and  the  grant  of  national  flag  rights  remain
discriminatory. Infringement proceedings are in motion in the Court of Justice.79

Regarding the right of establishment, the Commission withdrew the action against Italy80
for  failure  of  its  national  legislation  laying  down  the  conditions  in  which  shipping
companies established in another Member State can enjoy the same treatment as  Italian
companies for admission to the Italian liner conference quota to comply with Articles 43
and 48 of the Treaty, following amendment  of the Italian legislation as required by the
Commission.

As  for  the  principle  of  freedom  to  provide  services,  secured  by  Regulation  (EEC)  No
4055/86 as regards cargo sharing agreements between Member States and third countries,
the  proceedings  against  Portugal  were  terminated  following  its  denunciation  of  the
Protocol  with Yugoslavia,  as  were  the  proceedings  concerning  the  agreements  between
Belgium  and  Zaïre,  Côte  d’Ivoire,  Senegal  and  Mali.  The  proceedings  concerning  the
cargo  sharing  agreements  between  Belgium  and  Togo  and  between  Italy  and  China
continued.

The Commission was also attentive to the application of Regulation (EEC) No 4055/86
as  regards  possible  nationality  discrimination  between  operators  or  types  of  transport
used and  the  resultant  potential  barriers.  Following  amendments  to  national  legislation,
one  of  the  infringement  proceedings  concerning  discriminatory  dock  dues  (which  vary
according to a vessel’s port of destination, with lower amounts for transport between two
ports  in  the  same  country  than  for  international  transport)  was  closed  (Greece),  and
another on the same subject may also be on the way to settlement (Italy).

74

75

76

77

78

79

80

Directive 99/35/EC.
Directive 99/97/EC.
Directive 98/18/EC and Directive 98/41/EC.
Directive 2001/53/EC; Directive 99/95/EC; Directive 2002/25/EC; and Directive 2000/59/EC.
Cases C-2002/439 and C-2002/436.
Case C-2002/299.
Case C-2002/337.

29

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

And  the  Commission  opened  infringement  proceedings  against  Member  States  that
signed  a  statement  of  principle  with  the  United  States  in  the  context  of  the  Container
Security Initiative. These agreements provide for a pilot stage during which the proposed
project will operate only in certain clearly identified ports in these Member States. This
discretionary  selection of a  few ports raises  a  real problem of  competitiveness  between
European  ports.  It  could  cause  deflection  of  traffic  towards  the  selected  ports
consequently  engender serious forms  of  disequilibrium,  incompatible  with  the  common
transport policy.

2.7.

INFORMATION SOCIETY

Following  liberalisation  in  1998,  competition  in  European  telecommunications  markets
has  driven  growth  and  innovation  and  the  widespread  availability  of  services  to  the
public.

As  mentioned  in  the  last  report,  the  Lisbon  European  Council  was  a  landmark  for  the
converging  European  electronic  communications  sector.  The  Heads  of  State  and  of
Government stamped their authority on the shift to a digital, knowledge-based economy
for Europe, subsequently embodied in the eEurope Action Plan81.

The Parliament and Council adopted in March 2002 the new package of sector specific
regulation  designed  for  more  competitive  markets  and  converging  electronic
communications  technologies82.  The  new  framework  links  the  imposition  of  regulatory
obligations to the absence of effective competition. The new regulatory environment will
enable  regulators  to  focus  their  powers  to  promote  competition,  protect  the  citizen  and
consolidate  the  single  market,  while  taking  account  of  the  need  for  innovation  and  the
long-term sustainability of the sector.

The  Commission  believes  as  a  general  principle  that  a  successful  transition  to  the  new
framework  depends  on  the  full  implementation  of  the  current  framework,  including
universal service and consumer protection measures.

As  regards  transposition  of  this  framework,  consisting  of  thirteen  Directives,  one
Regulation  and  four  Decisions,  the  Eighth  Report  on  the  Implementation  of  the
Telecommunications  Regulatory  Package83  states  that  after  four  and  a  half  years  of

81

82

83

For further information see: http://europa.eu.int/information_society/eeurope/index_en.htm.
These are Directive 2002/21/EC (Framework Directive); Directive 2002/20/EC (Authorisation
Directive); Directive 2002/19/EC (Access Directive); and Directive 2002/22/EC (Universal
Service Directive). Directive 2002/58/EC on privacy and electronic communications has been
adopted in July 2002. The Radio Spectrum Decision (676/2002/EC) does not require transposition
by Member States. See also:
http://europa.eu.int/information_society/topics/telecoms/regulatory/new_rf/index_en.htm.
at
COM(2002) 695 
http://europa.eu.int/information_society/topics/telecoms/implementation/annual_report/8threport/i
ndex_en.htm .

electronically 

3 December 

available 

2002, 

of 

30

                                                
liberalisation  of  telecoms  services,  the  regulation  put  in  place  at  national  level  is  very
substantially compliant with the EU  framework. Licensing and interconnection regimes
have  permitted  large-scale  market  entry,  complemented  by  carrier  pre-selection  and
number  portability;  delivery  times  for  leased  lines  have  continued  to  fall;  and  progress
has been made in developing appropriate  costing methodologies for the  enforcement  of
EU  tariff  principles.  The  work  done  in  this regard represents  a  substantial  achievement
by national regulatory authorities.

In  particular,  all  Member  States  have  now  effectively  implemented  the  UMTS
Decision84,  since  3G  licences  have  been  awarded  in  all  Member  States,  assigning
frequencies allocated to 3G  in accordance  with  the  relevant  ERC  Decisions85, which in
turn  were  adopted  as  a  result  of  mandates  given  to  the  CEPT  under  the  UMTS
Decision86.

The largely  positive  balance is  confirmed by reference to the  infringement  proceedings
currently  open,  which  indicate  only  two  areas,  cost  accounting  and  universal  directory
services, where full compliance needs to be ensured in more than a few Member States.
For the rest, the cases still pending represent clarification of points of relative detail.

incorrect  application 

Accordingly,  a  significant  number  of  closures  of  cases  (38)  or  withdrawal  of  Court
proceedings (two) was decided in 2002 as a result of improvements in implementation in
the  Member  States.  The  most  notable  relates  to  the  implementation  of  Regulation
2887/2000  on  unbundled  access  to  the  local  loop87  in  eight  Member  States,  following
action  taken  by  the  Commission88.  One  case  concerns  the  implementation  of  Decision
710/9789.  Fifteen  closures  concern 
including  four
complaints. Seven non-conformity cases were closed and one withdrawn after action was
taken  before  the  Court  (C-70/02).  With  regard  to  non-communication  cases,  three
proceedings, concerning Directive 95/47/EC (TV Signals) and Directive 97/66/EC (Data
Protection  in  Telecommunications),  were  closed  following  notification  of  transposition
measures  in  order  to  comply  with  the  Court’s  judgment  for  failure  of  transposition
(C-319/99,  C-151/00  and  C-254/00);  one  further  proceeding  concerning  Directive
97/66/EC  was  withdrawn  after  action  was  taken  before  the  Court  (C-267/02).  Finally,
three  non-communication  cases  were  closed  following  notification  of  transposition
measures  for  Directive  1999/93/EC  (Electronic  Signature)  by  Ireland,  Italy  and  United
Kingdom.

issues, 

84

85

86

87

88

89

2 

in 

Annex 

Decision 128/1999/EC of the European Parliament and of the Council of 14 December 1998 on
the  co-ordinated  introduction  of  a  third-generation  mobile  and  wireless  communications  system
(UMTS) in the Community (OJ L 17, 22.1.1999, p. 1).
ERC  Decisions  ERC(97)  07  (UMTS  frequency  bands);  ERC(00)  01  (extending  UMTS  bands);
and ERC(99) 25 (harmonised use).
A more detailed report on the implementation of the UMTS Decision in the Member States can be
Report:
the 
found 
http://europa.eu.int/information_society/topics/telecoms/implementation/annual_report/8threport/f
inalreport/annex2.pdf. See also the  Commission Communications on  “The Introduction of Third
Generation Mobile Communications in the European Union: State of Play and the Way Forward,
COM(2001) 141 of 20 March 2001; and “Towards the full Roll-out of Third Generation Mobile
Communications”, COM(2002) 301 of 11 June 2002.
OJ L 336, 30/12/2000, p. 4
See IP/02/445.
Decision No 710/97/EC of the European Parliament and of the Council  of  24  March  1997 on  a
coordinated authorization approach in the field of satellite personal-communication services in the
Community (S-PCS), OJ L 105, 23/04/1997, p. 4.

Implementation 

Eighth 

to 

31

                                                
On  the  other  hand,  the  Commission  referred  five  cases  to  the  Court  in  2002.  These
concerned lack of transposition of Directive 97/66/EC in Luxembourg (two proceedings
joined  under  C-211/02)  and  incomplete  transposition  of  the  same  Directive  in  the
Netherlands  (C-350/02),  failure  to  implement  itemised  billing  in  conformity  with
Directive  98/10/EC  (Voice  Telephony)  in  Austria  (C-411/02)  and  failure  to  ensure  the
provision of local carrier pre-selection in compliance with Directive 98/61 (Numbering)
in Germany (C-401/02).

During the  reporting period,  the  Court  gave  further  judgments  in  two  cases  concerning
non-transposition of Directive 98/10/EC in France (C-286/01) and non-conformity of the
national  legislation  with  Directive  97/33/EC  (Interconnection)  in  Belgium  (C-221/01),
the latter providing for substantive clarifications with regard to various provisions of this
Directive. Due to the increasing importance of judgments in this sector, DG INFSO has
recently updated the “Guide to the Case Law of the European Court of Justice in the field
of Telecommunications” published on its website90.

At  the  end  of  2002  there  were  62  ongoing  infringement  proceedings.  Twenty  of  these
were  complaints  under  examination  at  that  time,  which  means  an  increase  of  66%
compared  to  last  year;  three  proceedings  concerned  the  lack  of  implementation  of  a
Regulation.  The  number  of  proceedings  for  non-communication  of  transposition
measures  for  a  Directive  halved,  with  seven  cases  pending,  while  the  importance  of
non-conformity  cases  (11)  and  proceedings  concerning  incorrect  application  of
transposition  measures  (21)  still  remains  high,  although  the  number  of  cases  has  also
decreased significantly compared to last year (more than 33% each).

In five infringement proceedings (three for failure to notify, one for non-conformity, one
for  incorrect  application),  the  Commission’s  decision  to  refer  the  case  to  the  Court  of
Justice was still awaiting execution at the  end  of the reporting  year,  while  a significant
number  of  14  cases  (a  more  than  50%  increase  compared  to  2001)  has  reached  the
reasoned  opinion  stage  (10  of  which  for 
incorrect  application  and  four  for
non-conformity); in 11 pending cases a letter of formal notice was sent in 2002.

The  directives  making  up  the  main  elements  of  the  new  regulatory  framework  for
electronic  communications  networks  and  services  are  required  to  be  transposed  into
national law not later than 24 July 2003. The new framework also provides that Member
States shall apply those national transposition measures from 25 July 200391, whereupon
the Community instruments forming part of the existing regulatory framework which are
to be superseded by those elements of the new framework will be repealed92.

As  stated  above,  the  Commission  now  regards  it  as  a  priority  to  encourage  timely
transition  to  the  new  framework.  In  addition  to  providing  the  legal  predictability  and
regulatory  flexibility  necessary  for  continued  investment  in  the  sector,  this  will
complement  the  eEurope  objective  of  achieving  competitive  local  access  for  internet
services over broadband networks as cheaply as possible on a sustainable basis.

90http://europa.eu.int/information_society/topics/telecoms/implementation/infringement/doc/guidecaselaw.

91

92

pdf
See for example Article 28 Framework Directive. Member States have until 31 October 2003 to
transpose  the  requirements  of  Directive  2002/58/EC  on  privacy  and  electronic  communications
into national law.
See Article 26 Framework Directive.

32

                                                
2.8.

ENVIRONMENT

2.8.1.

Introduction

The  last  five  years  have  seen  a  growing  difficulty  in  the  timely  and  correct
implementation  as  well  as  proper  practical  application  of  EC  environmental
legislation. This is reflected in the growing number of complaints received and
infringement  cases  opened  by  the  Commission  every  year.  As  in  the  earlier
years, in 2002 the environment sector covered over one third of all infringement
cases  investigated  by  the  Commission.  The  Commission  brought  65  cases
against  Member  States  before  the  Court  of  Justice  and  issued  137  reasoned
opinions on the basis of Article 226 of the EC Treaty.

The  number  of  new  complaints,  which  mainly  refer  to  presumed  instances  of
bad application of EC environmental law, remains at the high level experienced
after  1996  when  the  Commission  adopted  the  Communication  “Implementing
EC  environmental  law”93.  In  2002,  555  new  complaints  alleging  breach  of
Community  environmental 
the  Commission.  A
considerable number of these complaints give also rise to written questions and
petitions in the European Parliament.

lodged  with 

law  were 

The  Article  228  procedure,  which  may  lead  to  a  pecuniary  sanction,  has
continued  to  serve  as  a  last  resort  to  force  Member States  to  comply  with  the
judgments  delivered  by  the  European  Court  of  Justice.  The  Commission
annually  issues  several  (17  in  2002)  letters  of  formal  notice  and  reasoned
opinions (8 in 2002) under Article 228 to Member States. No new cases under
Article  228  were  brought  to  the  Court  during  2002.  More  details  are  given  in
Annex V to this report.

It is essential  that the  implementation  of  environmental legislation  by Member
States  be  improved.  However,  seeking  improved  implementation  by  taking
Member  States  to  the  European  Court  of  Justice  is  not  the  only,  nor  often  the
most  efficient  way  to  resolve  the  current  problem.  A  substantial  improvement
will  require  efforts  by  the  Commission  to  develop  new  working  methods  with
Member States at all stages of the implementation life cycle. This is particularly
relevant  in  the  build  up  to  enlargement  to  ensure  that  new  Member  States
transpose  and  implement  correctly  the  “acquis  communautaire”  within  the
agreed timeframes.

In  line  with  the  Communication  on  better  monitoring  of  application  of
Community law94, the Commission is already taking a number of practical steps
to assist Member States in the implementation of EC environmental legislation:

1.  The Commission strives to anticipate implementation problems when it is
designing Community environmental legislation which has to be drafted
in a way to make it “enforcement friendly”. When the legislation has been
adopted,  the  use  of  guidelines  and  interpretative  texts  agreed  by  the
Commission  and  the  Member  States  can  be  helpful.  For  example,  the

93

94

COM(96)500 final, 22.10.1996.
COM(2002)725 final, 13.12.2002.

33

                                                
Commission publishes reference documents on best available techniques
under Council Directive 96/61 on the integrated pollution and prevention
control.  These  documents  are  prepared  with  active  involvement  of
authorities, industries concerned and other stakeholders. Another example
is the Water Framework Directive95 2000/60/EC, where the Commission
in  partnership  with  the  Member  States  has  started  a  support  process  for
the implementation immediately after the adoption of the Directive. Such
a  common  implementation  strategy  is  one  example  on  how  good
governance can work in practice.

2.  In  order 

to 

increase  efficiency  and  enhance  effectiveness  of
implementation  of  environmental  legislation,  there  is  a  need  to  apply
pro-active  measures  by  bilateral  contacts  and  meetings  between  the
Commission and Member States. Several seminars were  held  in 2002 at
some  Member  States  where  the  Commission’s  views  on  the  correct
implementation  of  particularly  complex  environmental  directives  was
explained to the competent authorities with a view to prevent, rather than
correct,  instances  of  bad  application.  This  approach  has  been  confirmed
by  the  Commission  in  its  above  mentioned  Communication  on  better
monitoring of application of Community law.

implementation.  The 

informal  EU  network 

3.  Information  exchange  between  implementing  authorities  is  a  key  to
improving 
the
Implementation  of  Environmental  Law  (IMPEL)  consisting  of  the
Commission and the Member States has been since its inception in 1992,
a  key  instrument  to discuss the stage  of  practical  application  of  existing
legislation. In order to improve the environmental standards of inspection,
the
the  Commission  follows  up  closely 
Recommendation  of  the  European  Parliament  and  the  Council  on
Minimum Criteria for Environmental Inspections (2001/331/EC).

implementation  of 

the 

for 

In addition, the following measures are  expected to give incentives to Member
States to the better implementation of EC environmental legislation:

4.  Programmes  and  projects  can  only  be  funded  if  they  comply  with
Community policies and instruments including those for environment and
sustainable development. In this way Structural Funds can be a lever for
implementation of EC environmental legislation.

the 

5.  There  is  a  need  to  improve  transparency  and  awareness  on  the  state  of
implementation  of  EC  environmental  legislation.  The  Third  Annual
implementation  and  enforcement  of  Community
Survey  on 
environmental 
the
includes  a  Scoreboard,  which  details 
implementation  record  of  each  Member  State  in  each  sector  of  the
environment. The Commission has organised “Name, Shame and Fame”
events  during  2000-2002  to  provide  information  on  the  implementation
performance of Member States.

law96 

95

96

OJ L 327, 22.12.2000, p.1
Commission staff working paper, SEC(2002) 1041, 1.10.2002.

34

                                                
6.  Effective 

reporting 

implementation  of
from  Member  States  on 
environmental  is  key  to  monitoring  the  implementation  process.  The
Commission is  presently  reviewing  the  current  system  of  environmental
reporting. One of the objectives is to ensure more coherent and effective
reporting on implementation of environmental legislation.

7.  The  relatively  high  number  of  complaints  received  by  the  Commission
reflects  the  non-existence  and/or  the  relative  lack  of  efficiency  of
complaint mechanisms  in  Member  States.  The  Commission  is  preparing
measures on the Community  level concerning the  possibility  of  creating
cheaper and more efficient access to justice at Member State level in line
with  the  Århus  Convention97,  as  well  as  the  establishment  of  reliable
national/regional complaint mechanisms and arbitration schemes to solve
problems of practical application on the ground.

8.  The  Commission  adopted  a  proposal  for  a  Directive  on  environmental
liability  with  regard  to  the  prevention  and  remedying  of  environmental
damage.  The  proposed  Directive  should  contribute 
the  better
implementation of EC environmental legislation, acting as a disincentive
to pollution.

to 

9.  Non-observance of environmental law shows that the sanctions currently
established  by  the  Member  States  are  not  sufficient  to  achieve  full
compliance  with  Community  law.  The  Commission  has  proposed  a
Directive  that  requires  the  Member  States  to  provide  for  criminal
sanctions  because  only  this  type  of  measure  seems  adequate  and
dissuasive  enough  to  achieve  proper  implementation  of  environmental
law98.

2.8.2.

Freedom of access to information

As  regards  Directive  90/313/EEC  on  freedom  of  access  to  information  on  the
environment, the Commission dealt with two non-conformity cases during 2002.
The Commission continued court proceedings against France (Case C-233/00),
since  the  French  measures  did  not  ensure  formal,  explicit  and  correct
transposition  of  several  aspects  of  the  Directive,  including  the  obligation  to
provide  a  formal  explanation  of  refusal  of  access  to  the  information.  On  the
other  hand,  court  proceedings  against  Austria  (Case  C-86/01)  were  withdrawn
after that Member State had communicated the necessary transposition measures
for the Land Styria.

Among  the  most  common  subjects  of  complaint  brought  to  the  Commission's
notice relating to this Directive are: refusal by national authorities to provide the
information requested, slowness of response, excessively broad interpretation by

97

98

UN/ECE  Convention  on  Access  to  Information,  Public  Participation  in  Decision-Making  and
Access to Justice in Environmental Matters.
Amended  proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  the
Protection  of  the  Environment  through  Criminal  Law,  OJ  C  20  E,  28.1.2003,  p.284.  See  also
Council  Framework  Decision  2003/80/JHA  of  27  January  2003  on  the  protection  of  the
environment through criminal law OJ L 029 , 5.2.2003, p.55.

35

                                                
national  government  departments  of  the  exceptions  to  the  principle  of
disclosure,  and  unreasonably  high  charges.  Directive  90/313/EEC  contains  a
requirement  for  Member States  to  put  in  place  national  remedies  against  the
improper  rejection  or  ignoring  of  requests  for  access  to  information  or  an
unsatisfactory  response  by  the  authorities  to  such  requests.  When  the
Commission  receives  complaints  about  such  cases,  it  normally  advises  the
aggrieved parties to use the national channels of appeal established to allow the
Directive’s aims to be achieved in practice.

On 16 and 18 November 2002, Parliament and Council adopted a new directive
on  public  access  to  environmental  information.  This  Directive  will  replace  the
Directive  90/313/EEC,  correct  the  perceived  shortcomings  in  its  application  in
practice  and  bring  it  into  line  with  developments  in  information  and
communications  technology.  It  will  in  particular  include  information  on
genetically modified organisms as far as they are relevant for the contamination
of  the  food  chain.  This  issue  was  addressed  in  a  preliminary  reference  to  the
Court  of  Justice  where  Advocate-General  Tizzano  has  advised  the  Court  that
such  information  should  not  be  considered  environmental  information  under
Directive 90/313/EEC (Opinion of 5 December 2002 in case C-316/01).

2.8.3.

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, is one
of the prime legal instruments 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  transposition  of  Directive  97/11/EC  which  amends  Directive
85/337/EEC  was  14  March  1999.  During  2002,  the  Court  condemned  the
remaining three Member States who still have not brought into force, within the
prescribed period, the legislation necessary to comply with Directive 97/11/EC
(Case  C-366/00  concerning  Luxembourg,  Case  C-319/01  concerning  Belgium
and  Case  C-348/01  concerning  France).  The  non-communication  case  against
Greece (Case C-374/00) could be withdrawn from the Court after that Member
State had communicated the necessary legislation.

Problems with the conformity of national measures with Directive 85/337/EEC
have  persisted.  Most  notably,  the  Commission  decided  to  bring  Ireland  to  the
Court under Article 228 of the Treaty for not complying with the prior judgment
as regards proper transposition of Article 4(2) relating to projects falling within
points  1(d)  and  2(a)  of  Annex II  to  Directive  85/337/EEC,  and  only  partly
transposing  Article 2(3),  (5)  and  (7)  (Case  C-392/96).  The  Court  condemned
Spain for failing to  adopt legislation  to  comply  with  Articles  2(1)  and  4(2),  in
conjunction  with  Annex  II,  of  the  Directive  (Case  C-474/99).  An  overview  of
the stage reached in other non-conformity cases is given in Annex IV, Part 3.

As  already  mentioned  in  previous  Reports  on  Monitoring  of  the  Application  of
Community  Law,  many  complaints  received  by  the  Commission  as  well  as  oral  and
written  questions  tabled  by  the  European  Parliament  and  a  large  number  of  petitions
presented  to  Parliament  relate,  at  least  incidentally,  to  alleged  instances  of  incorrect

36

application by Member States’ authorities of Directive 85/337/EEC, in particular in cases
concerning projects of the types listed in Annex II to the Directive (see Annex IV, Part
4).  These  complaints  often  require  the  examination  of  whether  Member States  have
exceeded their  margin  of discretion in  deciding  whether or  not  such  projects  should  be
subject to an environmental impact assessment. As regards complaints about the quality
of impact assessments and the lack of weight given to them, it is extremely difficult for
the  Commission  to  assess  these  cases.  The  basically  formal  nature  of  the  Directive
provides only a limited basis for contesting the merits of such assessments and the choice
taken by the national authorities if they have complied with the procedure laid down by
the Directive. Most of the cases brought to Commission’s attention concerning incorrect
application  of  this  Directive  revolve  around  points  of  fact  where  the  most  effective
evaluation  should  rather  be  ensured  at  a  decentralised  level,  particularly  through  the
competent national administrative and judicial bodies.

Directive 2001/42/EC of the European Parliament and of the Council was adopted on 27
June 200199. Member States must bring into force the national rules necessary to comply
with  this  Directive  before  21  July  2004.  Where  Directive  85/337/EEC,  which  is  a  new
"strategic  environmental  assessment"  Directive  of  a  procedural  nature,  applies  to
projects, the aim is to ensure that an environmental assessment is carried out for certain
plans and programmes which are likely to have significant effects on the environment.

2.8.4.

Air

Council Directive 96/62/EC on ambient air quality assessment and management
forms 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  and  alert  thresholds,  harmonise  air  quality
assessment  methods  and  improve  air  quality  management  in  order  to  protect
human health and ecosystems.

Apart  from  its  Article  3,  the  Directive  had  to  be  transposed  by  19  July  2001.
During  2002,  the  Commission  was  able  to  close  all  infringement  procedures
opened  for  non-communication  of  national  implementing  measures  for  those
articles.

A relatively big amount legislation has been  adopted in the  air  sector recently.
Nine  Directives100  were  to  be  transposed  by  Member States  during  2001  and

99

100

OJ L 197, 21.7.2001, p. 30.
Directive 1998/70/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,  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,  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,  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, 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,  Directive
2000/69/EC of the European Parliament and of the Council of 16 November 2000 relating to limit
values for benzene and carbon monoxide in ambient air, Commission Directive 2001/63/EC of 17
August 2001 adapting to technical progress Directive 97/68/EC of the European Parliament and of
the Council on the approximation of the laws of the Member States relating to measures against

37

                                                
Infringement  cases  concerning  non-communication  of  national

2002. 
implementing measures under these directives are listed in Annex IV, Part 2.

During 2002, the Commission also opened a number of horizontal infringement
proceedings  for  failure  to  report  information  on  progress  made  in  controlling
substances that damage the ozone layer101.

Infringement  action  was  taken  due  to  problems  of  non-conformity  in  the  air
sector in a small number of cases (see Annex IV, Part 3).

2.8.5. Water

Monitoring implementation of Community legislation on water quality remains
an important part of the Commission’s work. This is due to the quantitative and
qualitative importance of the responsibilities imposed on the Member States by
Community law and by growing public concern about water quality.

In 2002, France replied to the letter of formal notice submitted on  the  basis of
Article 228 of the EC Treaty for non-compliance with the judgment of 8 March
2001 (Case C-266/99).  In that judgment,  the Court of Justice declared that,  by
failing to take the necessary measures to ensure that the quality of surface water
intended for the abstraction of drinking water conforms to the values laid down
pursuant  to  Article  3  of  Directive  75/440/EEC,  France  has  failed  to  fulfil  its
obligations under Article 4 of that directive.

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  concerning  bad
application  are  still  under  way  against  many  Member States  since
implementation still falls far short of the Directive's requirements. An overview
of  the  stage  reached  in  infringement  proceedings  in  these  cases  is  given  in
Annex  IV,  Part  4.  Most  notably,  by  judgment  of  19  March  2002,  the  Court
condemned the Netherlands (Case C-268/00) for failing to fulfil its obligations
as  regards  the  quality  of  bathing  water  and  the  frequency  of  sampling  thereof
within  the  periods  prescribed  by  the  Directive.  During  2002,  the  Commission
also  took  several  decisions  under  Article  228  for  non-compliance  with  recent
judgments of the Court concerning the bathing water quality  (cases concerning
Germany, Belgium and Sweden).

More  information  concerning  the  compliance  with  the  parameters  of  water
quality and sampling frequency of Directive 76/160/EEC is also provided by the
annual 
(see
quality 
on 
www.europa.eu.int/water/water-bathing/report).

bathing 

reports 

water 

the 

of 

the emission of gaseous and particulate pollutants from internal combustion engines to be installed
in  non-road  mobile  machinery,  Directive  2001/80/EC  of  the  European  Parliament  and  of  the
Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from
large combustion plants, Directive 2001/81/EC of the European Parliament and of the Council of
23 October 2001 on national emission ceilings for certain atmospheric pollutants.
Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on
substances that deplete the ozone layer, OJ L 244 , 29.9.2000, p. 1.

101

38

                                                                                                                                                
The Commission has continued proceedings under Article 228 against a number
Member States for not complying with earlier judgments of the Court over their
bad  application  of  Directive  76/464/EEC  on  dangerous  substances  discharged
into  the  aquatic  environment  and  of  the  directives  setting  levels  for  individual
substances, particularly concerning adoption of programmes under Article 7 of
the  Directive.  However,  some  cases  could  also  be  closed  during  2002  since
some  Member  States  complied  with  the  earlier  judgments  of  the  Court.  An
overview of the stage reached in on-going infringement proceedings is given in
Annex IV, Part 4.

Further  to  the  presentation  of  a  guidance  document  on  this  issue  in  2000,  the
Commission focused on supporting the implementation of the existing Directive
76/464/EEC  and  in particular  Article 7 on the pollution reduction programmes
and  the  transition  to  Directive  2000/60/EC  of  the  European  Parliament  and  of
the Council establishing a framework for Community action in the field of water
policy102.  An  implementation  report103  has  been  published  which  built  on  the
guidance  document  and  translated  the  establishment  of  pollution  reduction
programmes  into  the  requirements  and  approaches  of  Directive  2000/60/EC.
The report found that, first, the infringement procedures improved considerably
the  compliance  with  this  legislation  and  thereby  improved  water  quality  and,
second, the establishment of pollution reduction programmes under 76/464/EEC
can  be  regarded  as  a  building  block  for  the  implementation  of  the  Water
Framework  Directive,  in  particular  the  programme  of  measures  under  Article
11.

Concerning Directive 80/778/EEC  relating to the  quality  of  water  intended  for
human consumption (drinking water), the Commission initiated and continued a
small number of infringement cases relating to bad application of the Directive,
particularly  concerning  poor  quality  of  drinking  water.  By  judgment  of  14
November  2002,  the  Court  condemned  Ireland  for  failure,  in  its  implementing
legislation, to reflect the binding character of the requirements of Annex I to the
Directive  in  relation  to  group  water  supplies,  and  for  failure  to  ensure
compliance with certain microbiological parameters of Annex I to the Directive
(Case  C-316/00).  An  overview  of  the  stage  of  proceedings  reached  in  these
cases is given in Annex IV, Part 4.

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
from 2003104, was due to be transposed into national law by 25 December 2000.
The  Commission  was  able 
infringement  cases  for
non-communication  of  implementing  measures  for  this  Directive,  but  in  three
cases (Belgium, Spain and the United Kingdom) the Commission has taken the
decision to bring proceeding in the Court (see more closely Annex IV, Part 2).

the  most 

to  close 

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

102

103

104

OJ L 327 , 22.12.2000, p.1.
The report is available under:
http://europa.eu.int/comm/environment/water/water-dangersub/article7ofdirective77464eec.pdf
OJ L 330, 5.12.1998, p. 32.

39

                                                
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.
Since  this  Directive  plays  a  fundamental  role  in  the  campaign  for  clean  water
and against eutrophication, the Commission is particularly eager to ensure that it
is implemented on time. During 2002, action in several cases of bad application
were taken due to insufficient designation of sensitive areas or non-compliance
with  the  requirements  for  urban  waste  water  treatment.  The  Commission  also
sent  a  letter  of  formal  notice  to  several  Member  States  for  the  lack  of  general
implementation report and of information on sensitive areas. An overview of the
stage of proceedings reached in these cases is given in Annex IV, Part 4.

The second anti-eutrophication measure is Directive 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. During 2002, the Commission took action over bad application of the
Directive  by  a  number  of  Member  States  concerning  lacking  or  insufficient
designation  of  vulnerable  zones  as  well  as  the  failure  to  establish  action
programmes as required by the Directive. Two of  these cases were decided by
the  Court  in  2002  (Case  C-258/00  against  France  and  Case  C-161/00  against
Germany).  Regrettably,  in  many  cases,  the  Commission  has  had  to  open
infringement  procedures under Article 228 in order to make  Member  States  to
comply  with  judgments  given  earlier  by  the  Court.  Overview  of  the  stage  of
proceedings in the above cases is given in Annex IV, Part 4.

Directive  2000/60/EC  of  the  European  Parliament  and  of  the  Council
establishing a framework for Community action in the field of water policy105 is
due  to  be  transposed  by  22  December  2003.  In  May  2001,  a  Common
Implementation Strategy106 was agreed which involves all national, regional and
local  authorities  of  Member  States,  EEA  countries,  Accession  Countries  and
various  stakeholders  and  NGOs.  The  strategy  includes  a  large  number  of  joint
activities including the development of guidance, the testing of implementation
aspects in pilot river basins and the share of knowledge and information. So far,
nine guidance documents and several technical reports have emerged from this
process107. In addition, an extensive European implementation network has been
established. The process will continue over the coming years.

105

106

107

OJ L 327 , 22.12.2000, p.1.
More information under 
http://europa.eu.int/comm/environment/water/water-framework/implementation.html
More information under http://forum.europa.eu.int/Members/irc/env/wfd/library

40

                                                
2.8.6. Nature

The  two  main  legal  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.

Regarding the transposal of Directive  79/409/EEC,  a  small  number  conformity
problems  remain  unresolved.  In  2002,  the  Commission  had  to  continue
infringement  actions  against  some  Member States,  notably  concerning  hunting
periods and hunting practices not in line with the Directive.

The deadline for notifying the implementing measures for Directive 92/43/EEC
expired  in  June  1994.  In  many  cases  the  transposal  is  still  insufficient,
particularly  concerning  Article  6  on  the  protection  of  habitats  in  the  special
conservation sites which are to be set up, and Articles 12 to 16 on the protection
of species. In its judgment of 5 December 2002, the Court held that by failing to
adopt all the laws, regulations and administrative measures necessary to ensure
the  full  and  proper  transposition  of  several  Articles  of  the  Directive,  Belgium
has failed to fulfil its obligations under the Directive (Case C-324/01).

As  in  the  past,  the  main  problems  with  the  implementation  of  Directives
79/409/EEC and 92/43/EEC relate to its bad application, namely the insufficient
classification  of  special  protection  areas  (SPA)  for  birds  and  the  insufficient
selection of the proposed sites of Community importance (SCI) for habitats for
inclusion in the Natura 2000 network, or to the protection of such sites.

than 

rather 

infringement  proceedings, 

Existing  SPAs  for  birds  in  a  number  of  Member States  are  still  too  few  in
number or cover too small an area. The Commission's strategy revolves around
initiating  general 
infringement
proceedings on a site-by-site basis. By its judgment of 26 November 2002, the
Court  declared  that  France  has  failed  to  comply  with  its  obligations  under
Article  4(1)  and  (2)  of  Directive  79/409/EEC  by  not  in  sufficient  measure
classifying  as  special  protection  areas  the  territories  most  suitable  for  the
conservation of the species of wild bird referred to in Annex I to the Directive,
and  of  migratory  species,  and,  in  particular,  by  not  classifying  a  sufficiently
large  area  of  the  site  Plaine  des  Maures  as  a  special  protection  area  (Case
C-202/01).  As  regards  SCI’s, 
infringement
proceedings against several Member States whose selection of sites is either not
satisfactory  or  is  under  assessment  subject  to  the  results  of  biogeographical
seminars. In a number of these cases, the Commission had to start infringement
proceedings under Article 228 to make  the  Member  States  to  comply  with  the
earlier judgments of the Commission.

the  Commission  continued 

Problems remain concerning the special protection regime under Article 4(4) of
Directive  79/409/EEC  and  Article  6(2)  to  (4)  of  Directive  92/43/EEC,  e.g.
wrongly  applying  or  setting  aside  the  special  protection  regime  in  relation  to
various  projects  affecting  sites.  In  this  respect,  infringement  actions  against  a
number of Member States had to be taken in the course of 2002. Most notably,
by  its  judgment  of  13  June  2002,  the  Court  found  that  Ireland  has  breached
Article 3 of Directive 79/409/EEC and Article 6(2) of Directive 92/43/EEC by
failing to take measures necessary to safeguard a sufficient diversity and area of

41

habitats for the Red Grouse and by failing to take appropriate steps to avoid, in a
certain special protection area (SPA), the deterioration of habitats of the species
for which the SPA was designated (Case C-117/00). The case arose as a result of
an investigation of complaints about the widespread vegetation loss and erosion
caused  by  the  overstocking  of  sheep  on  fragile  upland  habitats  in  the  west  of
Ireland.  This  judgment  is  the  first  case  in  which  the  Court  has  condemned  a
Member State for the breach of Article 3 of Directive 79/409/EEC.

During 2002, the Commission continued setting conditions in Structural Funds
requiring
plans  and  programmes  and 
Member States to submit outstanding lists for the setting up of the Natura 2000
network in accordance with their obligations under Directives 79/409/EEC and
92/43/EEC.

rural  development  programmes 

integrated  or  already 

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
the  Natura  2000  network.
being 
Furthermore,  it  scrutinises  requests  for  co-financing  from  the  Cohesion  Fund
very  thoroughly  for  compliance  with  environmental  regulations.  The  same
applies to various pre-accession funding mechanisms  concerning  the  candidate
countries.

integrated 

into 

Problems with the implementation of Directive 92/43/EEC may also arise with
regard  to  the  protection,  not  of  designated  or  nominated  sites,  but  of  species.
Article  12  of  the  Directive  establishes  a  strict  protection  scheme  for  species
under  Annex  IV  (a),  from  which  Member States  can  derogate  only  under  the
conditions laid down in Article 16(1) and (2).

In  its  judgment  of  20  January  2002,  the  Court  held  that  Greece  has  breached
Article 12(1)(b) and (c) by failing to take, within the prescribed time-limit, the
requisite  measures  to  establish  and  implement  an  effective  system  of  strict
protection  for  the  sea  turtle  Caretta  caretta  on  Zakinthos  so  as  to  avoid  any
disturbance  of  the  species  during  its  breeding  period  and  any  activity  which
might  bring  about  deterioration  or  destruction  of  its  breeding  sites  (Case
C-103/00). This is the first judgment of the European Court of Justice related to
Article  12  of  the  Directive.  It  underlines  the  necessity  to  establish  and
implement an effective system of strict protection for species listed in Annex IV
(a)  and  interprets  the  term  ‘deliberate’.  A  similar  case  against  the  United
Kingdom for its failure to ensure the proper protection of the great crested newt
(Triturus cristatus) is pending (Case C-434/01).

2.8.7. Noise

Directive  2000/14/EC  of  the  European  Parliament  and  of  the  Council  on  the
approximation  of  laws  of  the  Member States  relating  to  noise  emission  in  the
environment  by  equipment  for  use  outdoors108  was  due  to  be  transposed  in  3
July  2001.  This  directive  repeals,  from  3  January  2002,  nine  directives
concerning different types of equipment. The Commission decided to bring into

108

OJ L 162, 3.7.2000, p. 1.

42

                                                
the Court three Member States who still had not  yet adopted and notified their
implementing  measures,  or  had  not  done  so  for  the  whole  of  their  territory.
These  Member  States  are  Italy,  Greece  and  the  United  Kingdom  as  far  as
Gibraltar is concerned.

2.8.8. 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 to both the scientific and industrial spheres and
deal with risks for human health and environment.

One of the features  of  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 is the frequency with which it
has  to  be  amended  to  keep  up  with  scientific  and  technical  developments.
Commission Directive 2001/59/EC adapting Directive 67/548/EEC to technical
progress for the 28th time, had to be transposed by 31 July 2002. In this context,
Member States are still frequently late in notifying their implementing measures.
In  such  cases,  the  Commission  rigorously  commences  proceedings  for
non-communication to make Member States meet their obligations.

Directive  98/8/EC  of  the  European  Parliament  and  of  the  Council  of  16
February 1998 concerning the placing on the market of biocidal products109 was
due to be transposed by the Member States by no later than 14 May 2000. At the
end of 2002, there were still few Member States who had not yet notified their
the  non-communication
implementing  measures,  as  demonstrated  by 
proceedings listed under this Directive in Annex IV, Part 2.

Animal experiments are covered by Directive 86/609/EEC on the approximation
of  laws,  regulations  and  administrative  provisions  of  the  Member States
regarding  the  protection  of  animals  used  for  experimental  and  other  scientific
purposes.  Certain  problems  with  the  conformity  of  the  Directive  persist.  The
Commission  issued  a  reasoned  opinion  under  Article  228  to  Ireland  for  not
complying  with  the  Court’s  judgment  of  18  October  2001,  to  the  effect  that
Ireland  has  failed  to  adopt  all  the  measures  necessary  to  ensure  the  correct
implementation of Articles 2(d), 11 and 12 of the Directive as well as to provide
for an adequate system of penalties for non-compliance with the requirements of
the Directive (Case C-354/99). In its judgment of 12 September 2002, the Court
found that France had not correctly transposed Articles 4, 7(3), 11, 12(2), 18(1)
and  (3)  and  22(1)  of  the  Directive  (Case  C-152/00).  The  Advocate-General
proposed in his Opinion of 26 September 2002 that the Court declares that the
Netherlands  has  not  transposed  Article  11  and  22(1)  of  the  Directive  (Case
C-205/01). Infringement actions against Spain and Belgium for bad application
of the Directive were continued.

109

OJ L 123, 24.4.1998, p. 1.

43

                                                
A  new  Directive  revising  the  original  framework  for  regulating  the  release  of
GMOs  in  the  Community110  had  to  be  transposed  into  national  law  by  17
October 2002. The original regulatory framework, which was established by the
1990  Directive111,  was  established  in  response  to  concerns  that  the  release  of
GMOs  might  lead  to  irreversible  damage  to  the  environment.  A  1996  review
identified several aspects of the original framework that needed clarification and
improvement.  As  a  result,  Directive  90/220/EEC  was  revised  and  replaced  by
Directive 2001/18/EC. The revised  Directive maintains the  structure of  the old
directive, but improves the strictness and transparency of the provisions, notably
creating  a  more  effective  and  efficient  authorisation  procedure.  Infringement
cases  for  non-communication  of  transposal  measures  were  opened  against
fourteen  Member  States  who  had  failed  to  meet  the  deadline  of  17  October
2002.

2.8.9. Waste

The  Waste  Framework  Directive  (Directive  75/442/EEC,  as  amended  by
Directive  91/156/EEC),  requires  that  prior  authorisation  be  obtained  for
waste-disposal  and  waste-recovery  sites;  in  the  case  of  waste-disposal,  the
authorisation  must  lay  down  conditions  to  contain  the  environmental  impact.
Member States  still  have  problems  in  fully  and  correctly  implementing  its
provisions into national law. An overview of the stage of proceedings reached in
these cases is given in Annex IV, Part 3.

In 2002, the Commission took a number of infringement actions involving bad
application  of  the  Waste  Framework  Directive.  Most  of  the  implementation
difficulties  concern  the  application  of  the  Waste  Framework  Directive  to
specific  installations.  This  is  at  the  root  of  the  large  number  of  complaints
primarily concerned with local waste dumping problems (illegal landfills and/or
uncontrolled  treatment  of  waste,  non-existent  or  insufficient  environmental
impact  assessments,  uncontrolled  dumps,  controversial  siting  of  planned
controlled  tips,  mismanagement  of  lawful  tips,  water  pollution  caused  by
directly  discharged  waste).  The  Commission  uses  individual  cases  to  detect
more  general  problems  concerning  incorrect  application  of  Community  law,
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.

Another  category  of  bad  application  of  the  waste  legislation  are  cases
concerning inadequate  waste planning.  They  cover  a range of  failings, relating
variously to plans as  required by Article  7 of the Waste 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.  During  2002,  the  Court  condemned  three  Member  States
for having breached Article 7(1) of the Waste Framework Directive, Article 6(1)

110

111

Directive  2001/18/EC  of  the  European  Parliament  and  of  the  Council  of  12  March  2001  on  the
deliberate release into the environment of genetically modified organisms and repealing Council
Directive 90/220/EEC.
Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of
genetically modified organisms.

44

                                                
of Directive 91/689/EEC and  Article  14  of  Directive  94/62/EC  for  insufficient
waste management plans112. The Commission is following-up these cases under
Article 228 in order to ensure compliance with the Court judgments.

The case-law on the definition of waste under the Waste  Framework Directive
was  confirmed  and  further  developed  by  the  preliminary  ruling  given  by  the
Court  in  18  April  2002  (Case  C-9/00  Palin  Granit).  The  Court  held  that  the
holder  of  leftover  stone  resulting  from  stone  quarrying  which  is  stored  for  an
indefinite length of time to await possible use discards or intends to discard that
leftover stone, which is accordingly to be classified as waste within the meaning
of the Directive. The place of storage of leftover stone, its composition and the
fact, even if proven, that the stone does not pose any real risk to human health or
the environment are not relevant criteria for determining whether the stone is to
be regarded as waste.

Directive 1999/31/EC on the landfill of waste113 clarifies the legal framework in
which landfill sites are  authorised in the Member States. This Directive  was  to
be transposed by 16 July 2001. For landfills coming into operation after, as well
as  those  existing  on,  this  date,  requirements  have  been  tightened  by  this
Directive. By the end of 2002, several Member States still had not adopted and
the
communicated 
Commission  had  to  start  court  proceedings.  Stage  of  the  infringement
proceedings  for  non-communication  of  these  measures  are  listed  in  Annex  IV,
Part 2.

the  Commission  and 

transposal  measures 

their 

to 

Regarding  Directive  91/689/EEC  on  hazardous  waste,  Member States  still  had
problems  in  transposing  the  national  legislation  correctly.  An  overview  of  the
stage  of  proceedings  reached  in  these  cases  is  given  in  Annex  IV,  Part  3.  As
regards  the  application  of  the  Directive,  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  its  judgment  of  13  June  2002,  the  Court  found  that
Greece has  failed to send  to  the  Commission,  within  the  prescribed  period,  all
the information required under Article 8(3) of the Directive (Case C-33/01).

Directive  2000/53/EC  of  the  European  Parliament  and  of  the  Council  of  18
September 2000 on end-of life vehicles had to transposed by Member States by
21  April  2002.  By  the  end  of  2002,  the  Commission  had  non-communication
cases open against ten Member States who had not adopted and communicated
their transposal measures to the Commission.

Regarding Directive 75/439/EEC on the disposal of waste oils, the Commission
had opened in 2001 infringement proceedings against 11 Member States for the
non-conformity  and/or  bad  application  of  national  legislation  with  several
Articles of the Directive, particularly regarding the obligation to give priority to
the processing of waste oils by regeneration, provided that technical, economic

112

113

Case  C-292/99  concerning  France,  Case  C-35/00  concerning  the  United  Kingdom  and  Case
C-466/99 concerning Italy.
OJ L 182, 16.7.1999, p. 1.

45

                                                
and  organisational  constraints  so  allowed.  During  2002,  the  Commission
continued  infringement  proceedings  against  France,  Belgium,  Ireland,  the
Netherlands,  Finland,  Denmark,  and  Sweden  and  decided  to  open  court
proceedings against Austria, Greece, the United Kingdom and Portugal.

With  regard  to  the  disposal  of  PCBs  and  PCTs,  two  particularly  dangerous
substances,  Directive  96/59/EC  stipulates  that  Member  States  shall  draw  up,
within three years of its adoption, namely by 16 September 1999, plans for the
decontamination and/or disposal of inventoried equipment and PCBs contained
therein  and  outlines  for  the  collection  and  subsequent  disposal  of  certain
equipment under Article 11 of the Directive, as well as inventories under Article
4(1)  of 
the  Directive.  However,  many  Member  States  have  still  not
communicated  to  the  Commission  the  necessary  measures.  Thus,  in  2002  the
Court  gave  judgments  against  several  Member  States  for  the  absence  of  the
above  information  (Case  C-174/01  concerning  Luxembourg,  Case  C-46/01
concerning  Italy,  Case  C-177/01  concerning  France  and  Case  C-47/01
concerning Spain). Other similar on-going cases of bad application are listed in
Annex IV, Part 4.

As  regards  Directive  94/62/EC  on  packaging  and  packaging  waste,  two
particular  developments  merit  attention.  The  Commission  continued  the  court
action  (Case  C-463/01)  against  Germany  concerning  its  packaging  Ordinance
(commonly referred to as the ‘Töpfer’ Ordinance), which promotes the re-use of
packaging  materials  since  the  reuse  quota  as  set  up  by  the  German  Ordinance
amounts  to  a  barrier  to  trade  and  indirect  discrimination  of  imported  natural
mineral  waters  to  be  filled  at  source.  On  the  other  hand,  the  Commission  was
able  to  withdraw  the  case  opened  earlier  against  Denmark  (Case  C-246/99)  in
relation  to  Denmark’s  so-called  ‘Can  Ban’,  i.e.  Danish  legislation  which  bans
the  marketing  of  beer  and  carbonated  drinks  in  metal  cans  and  other  types  of
non-reusable packaging. This  was  because Denmark repealed the legislation at
issue.

2.8.10. Environment and industry

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. In the course of 2002, proceedings for non-communication of the
transposition measures to the Commission still had to be continued against a few
Member  States.  In  2002,  the  Court  gave  judgments  against  Spain,  Greece  and
the United Kingdom for failure to adopt the laws, regulations and administrative
measures  necessary  in  order  to  comply  with  the  Directive.  Reasoned  opinions
were  issued  for  Finland,  Sweden  and  Austria  for  non-conformity  of  certain
aspects of their national legislation with the Directive.

Directive  96/82/EC  ("Seveso  II"),  replacing  Directive  82/501/EEC  from  3
February  2001  ("Seveso  I"),  was  due  to  be  transposed  by  no  later  than  3
February  1999.  The  notification  of 
few
Member States is still incomplete, particularly as regards Articles 11 and 12 of
the  Directive.  Infringement  cases  concerning  non-communication  under  this
Directive are listed in Annex IV, Part 2.

implementing  measures  by 

46

2.8.11. Radiation protection

Council  Directive  96/29/Euratom,  laying  down  basic  safety  standards  for  the
health  protection  of  the  general  public  and  workers  against  the  dangers  of
ionising  radiation  (OJ  L  159,  29.6.1996,  p.  1),  and  Council  Directive
97/43/Euratom  on  health  protection  of  individuals  against  dangers  of  ionising
radiation in relation to medical exposure (OJ L 180, 9.7.1997, p. 22), were to be
transposed by May 2000. In December 2002, a majority of Member States had
adopted transposing measures for both Directives, while some provisions were
still missing in the United Kingdom and Denmark (for Directive 96/29) and in
France (for both Directives).

In  2002  the  Commission  received  5  submissions  of  national  draft  legislation
under  Article  33  of  the  Euratom  Treaty  (1  concerning  Directive  92/3  on
shipments  of  radioactive  waste  and  4  for  transposing  measures  of  the  2
Directives mentioned above). No formal recommendation was issued.

In accordance to Article 35 of the Euratom Treaty, the Commission carried out
one  verification  in  Portugal  in  order  to  check  the  facilities  necessary  for  the
continuous monitoring of the environmental level of radioactivity.

In 2002 the Commission received 9 submissions of general data relating to plans
for the disposal of radioactive waste, under Article 37 of the Euratom Treaty, so
that  it  could  assess  the  data  and  determine  whether  the  implementation  of  the
plans was able to cause radioactive contamination of the water, soil or airspace
of another Member State. The Commission issued 17 opinions.

The Commission dealt with a number of infringement procedures under Article
141 of the Euratom Treaty. It opened four new own initiative cases and received
two complaints. It sent one reasoned opinion to the United Kingdom concerning
the implementation of Directive 89/618, on the information of the population in
case of radiological emergency. It decided to refer the UK to the Court because
of  the  non-submission  of  data  under  Article  37  of  the  Treaty  concerning  the
dismantling of the JASON research reactor. It also decided to refer Denmark to
the  Court  because  of  the  non-communication  of  all  transposing  measures  for
Directive 96/29.

In view of the progress made in the transposition of Directives 96/29 and 97/43,
the  Commission  decided  the  closure  of  the  procedures  opened  against  the
Netherlands  and  the  withdrawal  of  the  Court  applications  against  Ireland  and
Portugal. This was  also the  case for  Germany,  in  view of  the  adoption  of  new
legislation concerning Directive 89/618.

2.9.

FISHERIES

On  25  April  the  Court  of  Justice  gave  judgment  against  France  for  failure  to  fulfil
fisheries inspection  obligations  as certain quotas  for 1991, 1992, 1993, 1994, 1995 and
1996 were exceeded.114

114

Joined cases C-418/00 and C-419/00 [2002] ECR I-03969.

47

                                                
On  14  November  the  Court  of  Justice  gave  judgment  against  the  United  Kingdom  for
failure  to  fulfil  fisheries  inspection  obligations  as  certain  quotas  for  1985,  1986,  1988,
1990, 1991, 1992, 1993, 1994, 1995 and 1996 were exceeded.115

In  proceedings  for  failure  to  fulfil  fisheries  inspection  obligations  as  certain  quotas  for
Denmark in 1997, France in 1997 and Sweden in 1997 were exceeded, the Commission
served  reasoned  opinions  on  those  Member  States  on  24  and  25  April  and  18  October
respectively. It decided to refer cases to the Court of Justice against Sweden on 24 July,
Ireland on 11 September and Finland on 3 December for excesses in 1995 and 1996.

On 27 August it decided to bring Article 228 proceedings in the Court of Justice against
France for inadequate enforcement of technical fish resource conservation measures.

2.10.

INTERNAL MARKET

2.10.1. Free movement of goods

As in 2001, the volume of infringement proceedings concerning barriers to trade
(Articles  28 et seq.)116 was fairly stable  in  2002.  Most  of  these  are  technically
complex  and  politically  sensitive  cases,  particularly  where  the  protection  of
health, the environment or the consumer are involved. Several factors helped to
prevent  the  number  of  infringement  proceedings  from  rising:  the  preventive
action of Directive 98/34/CE117 on the obligation to notify draft technical rules
(frequent  sources  of  barriers  to  trade  in  goods),  the  harmonisation  of  certain
areas  such  as  foodstuffs,  construction,  telecommunications  and  mechanical
engineering,  and  a  growing  awareness  by  the  national  authorities  of  the
principles governing the internal market.

The  statistics  also  confirm  the  trend  for  problems  raised  in  complaints  or
detected  by  other  means  to  be  solved  before  infringement  proceedings  begin
(with the letter giving formal notice to act). Package meetings have once again
shown their effectiveness in settling cases, even if a major organisational effort
is  involved  in  preparing  for  them  and  following  them  up.  Regular  one-off
actions have been undertaken with the Member States to ensure that cases really
are solved effectively.

The  Commission  also  took  stronger  information  and  promotion  measures
concerning Decision 3052/95/EC,118 which requires the Member States to notify
the  Commission  of  national  measures  that  constitute  exceptions  from  the
principle of free movement  of  goods.  It published an explanatory brochure  for
national administrative authorities and economic operators.

As  for  the  scheme  for  a  rapid  response  to  serious  barriers  to  trade  in  goods
established  by  Regulation  (EC)  2679/98  on  the  functioning  of  the  internal
market (the strawberries regulation),119 the Article 3 early warning  system was

115

116

117

118

119

Cases C-454/99 and C-140/00.
See website http://europa.eu.int/comm/internal_market/en/goods/mutrec.htm.
OJ L 204, 21.7.1998, p. 37.
OJ L 321, 30.12.1995, p. 1.
OJ L 337, 12.12.1998, p. 8.

48

                                                
activated eleven times in 2002. Three of the requests for information concerned
restrictions  on  rail  traffic  in  the  Channel  Tunnel,  which  were  settled  in  the
course of the year.

Turning to product liability (Directive 85/374/EEC as amended120), the Court of
Justice  gave  three  judgments  clarifying  the  scope  of  the  directive  on 25  April
2002;121 judgment was given against France and Greece for incorrect transposal.

2.10.2. Free movement of services and right of establishment

Turning  to  freedom  to  provide  services  and  freedom  of  establishment  for
services  enterprises,  in  accordance  with  its  Strategy  for  the  internal  market  in
services,122  the  Commission  continued  to  handle  a  very  wide  variety  of
complaints  (security  services,  vehicle  hire,  services  supplied  by  medical
laboratories, inspection agencies, temporary  employment agencies,  engineering
consultancies,  patent  agents,  surveyors,  tourism  and  leisure  services,  animal
breeders etc.).

the  freedom 

Regarding the posting of workers to third countries, the Commission referred its
proceedings  against Belgium,  Germany,  Luxembourg  and  Austria  to  the  Court
of  Justice,  considering  that  they  had  not  given  effect  to  the  Vander  Elst
judgment.123  The  posting  of  workers  to  third  countries  in  the  context  of  the
provision  of  services  remains  subject  to  conditions  as  regards  entry,  residence
and employment considered contrary to Article 49 of the EC Treaty. The Court
of  Justice  gave  judgment  in  an  important  case  concerning  the  organisation  of
fairs  and  exhibitions.124  It  held  that  a  series  of  obligations  were  incompatible
with 
to  provide  services  (general  authorisation  scheme,
establishment  in  the  host  country,  exclusive  activity  obligation  and  specified
legal status, not-for-profit status etc.) and freedom of establishment (presence of
authorities on managing bodies of organising companies, power of intervention,
even on a consultative basis, of bodies set up by competing operators etc.). The
Court  also  gave  judgment  in  cases  concerning  conditional  access  services
(inadmissibility of the obligation for operators to seek prior authorisation in the
host  country,125)  pay  slips126  and  temporary  work  contracts  (incompatibility  of
the obligation to lodge and pay a guarantee in the host country with Article 49 of
the EC Treaty127). In the area of health services, a consultation process with the
Member  States  on  the  implementation  of  the  judgments  given  by  the  Court  of

120

121

122

123

124

125

126

127

OJ L 210, 7.8.1985, p. 29.
Case C-52/00 Commission v France [2002] ECR I-03827; Case C-154/00 Commission v Greece
[2002] ECR I-03879; and Case C-183/00 Preliminary ruling on Spanish legislation [2002] ECR
I-03901. Greece has amended its legislation as required by the judgment.
COM (2002) 441 final, 30.7.2002
Case C-43/93 [1994] ECR I-03803 (judgment given on 9.8.1994).
Case C-439/99 [2002] ECR I-00305 (judgment given on 15.1.2002).
Case C-390/99 [2002] ECR I-00607 (judgment given on 22.1.2002).
Case C-79/01, not yet reported (judgment given on 20.11.2002).
Case C-279/00 [2002] ECR I-01425 (judgment given on 7.2.2002).

49

                                                
Justice  concerning  the  reimbursement  of  health-care  expenditure  incurred  in
another Member State has been launched.128

Turning  to  commercial  communication,  the  Commission  decided  to  refer  an
action to the Court of Justice against Belgium concerning certain provisions of
its  Commercial  Practices  Act  restricting  the  possibilities  for  using  loyalty
schemes.  It  also  commenced  proceedings  against  French  rules  prohibiting
television  advertising  for  certain  lines  of  business  (distribution,  press,  cinema,
publishing).

their  bonus/malus  rules 

In  financial  services,  the  Commission  referred  two  insurance  cases  against
Luxembourg  and  France  concerning  bonus/malus  coefficients  to  the  Court  of
Justice;129 but it terminated the proceedings against Belgium and Finland as they
had  amended 
interpretative
communication on freedom to provide  services  and  the  general  interest.  In  the
case  against  Italy  on  the  freezing  of  motor-vehicle  third-party  insurance
premiums, the Advocate-General presented his conclusions in Case C-59/01 on
4 July 2002, confirming the Commission’s attachment to the principle of pricing
freedom  laid  down  by  the  insurance  directives.  The  Commission  also  pursued
the  infringement  proceedings  against  France  concerning  mutual  societies  and
asked the Court to impose a penalty payment of €242 650 per day.130

line  with 

the 

in 

The  process  of  transposing  Directive  98/78/EC131  (insurance  groups)  was
completed  when  Greece  notified  measures  adopted  in  response  to  the  Court’s
judgment given in Case C-312/01 on 12 September 2002. The Commission was
also able to close a number of other cases when the relevant national legislation
was  brought  into  line.  Such  was  the  case  of  the  Finnish  legislation  whereby
damage  caused  to  passengers  in  a  vehicle  that  was  in  an  accident  could  be
excluded from insurance cover if the driver was under the influence of alcohol.
This legislation was held to be contrary to Article 2 of the second motor-vehicle
insurance  directive  (84/5/EEC132),  which  allows  an  exclusion  only  in  the  few
cases  expressly  it  provides  for,  which  does  not  include  drunkenness  of  the
driver, and has been amended.

In transferable securities, the Commission commenced an action in the Court of
Justice  against  the  United  Kingdom  on  20 December  2001  for  failure  to
transpose Directive 97/9/EC133 (investor compensation schemes) in Gibraltar.

Virtually  all  the  infringements  relating  to  investment  funds  (UCITS)  that
reached  formal  proceedings  stages  in  2002  or  are  under  scrutiny  concern  tax
matters.  They  are  based  on  the  study  on  tax  barriers  to  the  internal  market  in
investment  funds  presented  by  the  Fédération  européenne  des  Fonds  et  des

128

129

130

131

132

133

Cases  C-120/95  [1998]  ECR  I-01831  and  C-158/96  [1998]  ECR  I-01931  (judgments  given  on
28.4.1998); Cases C-157/99 [2001] ECR I-05473 and C-368/98 [2001] ECR I-05363 (judgments
given on 12.7.2001).
Cases C-346/02 and C-347/02.
Case C-261/02.
OJ L 330, 5.12.1998, p. 1.
OJ L 8, 11.1.1984, p. 17.
OJ L 84, 26.3.1997, p. 22.

50

                                                
Sociétés  d’investissement  (FEFSI)  in  2001  and  on  specific  complaints  from
organisations  representing  the  investment  funds  industry.  Formal  proceedings
were  opened  or  pursued  against  Austria  and  Germany.  Investigations  are  in
motion against a number of Member States, and administrative letters were sent
in the autumn of 2002.

In  2002  the  Commission  sent  the  Member  States  a  questionnaire  on  payment
systems,  asking  for  the  measures  they  had  taken  to  establish  the  penalties
provided for by Article 7 of Regulation (EC) No 2560/2001134 on cross-border
payments in euros.

Some  of  the  proceedings  in  motion  regarding  the  operational  independence  of
postal  services  operators  from  national  regulatory  authorities  were  settled  in
2002.  Three  proceedings  remain,  in  which  a  solution  is  expected  in  2003.  In
most complaints about the poor quality of the postal service, the Commission’s
practice  is  to  remind  complainants  that  there  are  national  redress  procedures
which  should  be  used  in  preference  (all  the  Member  States  have  established
such procedures in accordance with the rules that apply here).

2.10.3. The business environment

In industrial property, reasoned opinions were served on nine Member States on
19 December 2002 for failure to notify national measures transposing Directive
98/44/CE  (legal  protection  of  biotechnological  inventions).135  In  2002  the
Commission  also  published  two  reports  provided  for  by  the  Directive  –  “An
assessment of the implications for basic genetic engineering research of failure
to  publish,  or  late  publication  of,  papers  on  subjects  which  could  be
patentable”136 and “Development and implications of patent law in the field of
biotechnology and genetic engineering”.137 It referred proceedings against seven
Member States for  failure to transpose  Directive  98/71/EC  (legal  protection  of
designs)138 to the Court of Justice.

Only two Member States (Denmark and Greece) have notified measures to give
effect  to  Directive  2001/29/EC  on  the  harmonisation  of  certain  aspects  of
copyright and related rights in the information society.139

On  26 September  2002,  the  Advocate-General  gave  his  opinion  in  SENA  v
NOS140 concerning the interpretation of the concept of fair remuneration for the
purposes of Article 8(2) of Directive 92/100/CEE (lending right).141 Most of the
infringement  proceedings  in  motion  concerned  the  incorrect  application  of
certain provisions of the Directive: at the end of 2002 proceedings were referred
to  the  Court  of  Justice  in  the  cases  against  Belgium  and  the  United  Kingdom,

134

135

136

137

138

139

140

141

OJ L 344, 28.12.2001, p. 13.
OJ L 213, 30.7.1998, p. 13.
COM (2002) 2 final, 14.1.2002, as required under Article 16(b) of Directive 98/44/EC.
COM  (2002)  545  final,  7.10.2002,  annual  report  as  required  under  Article  16(c)  of  Directive
98/44/EC.
OJ L 289, 28.10.1998, p. 28.
OJ L 167, 22.6.2001, p. 10.
Case C-245/00.
OJ L 346, 27.11.1992, p. 61.

51

                                                
and  in  the  course  of  the  year  new  complaints  for  incorrect  application  were
made  against  Spain,  France,  Portugal  and  the  United  Kingdom.  On  19 March
2002 the Court of Justice gave judgment declaring that, by not acceding in good
time  to  the  Bern  Convention  for  the  Protection  of  Literary  and  Artistic  Works
(Paris  Act,  1971),  Ireland  had  failed  to  fulfil  its  obligations  under  the  EC
Treaty.142

The  Commission  continued  monitoring  the  application  of  Community  law
relating to public procurement via complaints and the analysis and monitoring of
cases  detected  by  its  own  investigations.  To  boost  the  essential  role  of
complainants 
issued  a
infringements, 
Communication  specifying  the  administrative  measures  provided  for  in  their
favour.143

the  Commission 

in  detecting 

The  Commission  has  established  a  consultation  and  dialogue  procedure
(transposal package meetings) to help the Member States transpose Community
public procurement legislation correctly. Even so, in 2002 the Commission had
to  examine  a  number  of  public  procurement  cases.  The  following  are  a  few
examples.

Following  a  complaint  received  from  40  non-governmental  organisations
relating to tied  aid, i.e. the practice whereby Member States  make the  grant  of
aid  to  developing  countries  conditional  on  the  purchase  of  goods,  services  or
works  originating  from  the  donor  country,  the  Commission  launched  an
investigation  into  the  aid  tying  practices  of  all  Member  States.  Investigations
remain open in six Member States.

The Commission decided to refer Germany to the Court of Justice in two cases
where services were contracted without carrying out a proper tender procedure.
In one case, the German authorities considered that a contracting authority that
had itself won a tender for the treatment of waste, was not obliged to carry out a
tender  procedure  in  order  to  award  a  contract  for  transporting  this  waste.  The
German  authorities  argued  that  the  contracting  authority  acted  outside  its  own
field of public responsibilities when contracting these services. The Commission
terms  of  European
considers  however 
procurement  law  cannot  select  freely  its  subcontractors  like  a  private  body.  In
the other case, the German  authorities  admitted  that a tender procedure  should
have been carried out when several waste disposal contracts were awarded. As
the  contracts  are  however  still  implemented,  the  Commission  considers  that
European Community law continues to be violated.144

that  a  contracting  authority 

in 

The  Commission  also  decided  to  refer  its  case  against  Italy  for  incorrect
transposal  of  the  services  Directive  92/50/CEE145  to  the  Court  of  Justice.  The

142

143

144

145

Case C-13/00 [2002] ECR I-02943.
Commission  Communication  to  the  European  Parliament  and  the  European  Ombudsman  on
relations  with  the  complainant  in  respect  of  infringements  of  Community  law:  OJ  C224,
10.10.2002.
See similar cases currently subject to a pending decision of the Court of Justice : Opinion of the
AG of 28 November 2002, joint cases C-20/01 and C-28/01.
OJ L 209, 24.7.1992, p. 1.

52

                                                
“Karrer”  Decree,  as  it  is  known,  Decree  116/97  by  the  Italian  Prime  Minister,
which lays down provisions for determining the economically most favourable
bid  for  the  award  of  certain  public  service  contracts,  specified  award  criteria
including  criteria  that  were  to  be  taken  into  account  when  service-providers
were  being  selected.  Following  the  repeal  of  the  Decree,  the  Commission
decided to withdraw its proceedings on 24 April 2002.

In Austria, the application of the redress procedures Directive 89/665/CEE146 is
a  major  topic  on  the  agenda  for  discussions  at  the  authorities’  annual  package
meeting on public procurement with the  Commission. A trend  that emerged  in
2001 was confirmed in 2002: the Court of Justice received a growing number of
requests  for  preliminary  rulings  on  the  interpretation  of  the  directive  (five
questions from Austrian courts in 2002, bringing the total to eleven since 2001).
But there has been no increase in the number of cases of incorrect application of
the Directive in Austria referred to the Commission.

In  its  Hospital  Ingenieure  judgment,147  the  Court  of  Justice  drew  the
Commission’s  attention  to  another  instance  of  incorrect  application  of  the
redress  procedures  Directive  in  Austria:  the  awarding  authority’s  decision  to
withdraw an invitation to tender for a public services contract must be subject to
challenge and annulment, which is not the case in the Land Vienna.

In the data-protection area, Luxembourg notified measures transposing Directive
95/46/EC  (protection  of  individuals  with  regard  to  the  processing  of  personal
data and on the free movement of such data)148 on 21 August 2002, following a
judgment given against it by the Court of Justice on 4 October 2001.149

Regarding  company  law  and  financial  information  the  Commission  received  a
complaint  against  the  German  Altbankengesetz  (Old  Banks  Act)  1953.  The
complaint alleges that section 22(3) of the Act is incompatible with Articles 47
et  seq.  of  Directive  78/660/EEC,150  which  requires  all  German  companies
limited  by  shares  to  publish  annual  accounting  documents.  The  Commission
also  received  three  complaints  concerning  the  application  in  Italy  of  Directive
84/253/EEC on the approval of persons responsible for carrying out the statutory
audits of accounting documents.151

2.10.4. Regulated professions (qualifications)

The  volume  of  complaints  and  infringements  relating  to  qualifications  and
regulation  professions  remained  broadly  stable.  In  2002  the  Commission
received around 20  complaints concerning  restrictions in breach of  Articles 43
and  49  of  the  EC  Treaty  and  the  directives  on  the  mutual  recognition  of
professional qualifications.

146

147

148

149

150

151

OJ L 395, 30.12.1989, p. 33.
Case C-92/00 [2002] ECR I-05553 (judgment given on 18.6.2002).
OJ L 281, 23.11.1995, p. 31.
Case C-450/00 [2001] ECR I-07069.
OJ L 220, 14.8.1978, p. 11.
OJ L 126, 12.5.1984, p. 20.

53

                                                
the 

Noteworthy  are 
infringement  proceedings  against  Greece  regarding
Directives  89/48/EEC152  and  92/51/EEC153  relating  to  the  general  system  of
recognition  of  qualifications.  After  the  proceedings  for  failure  to  notify
measures  transposing  Directive  89/48/EEC  were  terminated  in  October  2000,
the Commission issued a reasoned opinion and decided to refer its case against
Greece  to  the  Court  of  Justice  as  regards  the  non-conformity  of  its  legislation
transposing  the  Directive  (Presidential  Decree  No  165/2000  of  23 June  2000)
and for incorrect application. A supplementary reasoned opinion was also issued
for  incorrect  application  of  Directive  92/51/EEC.  In  both  cases  Greece  was
criticised for failing to recognise qualifications awarded to its own nationals in
its  own  territory  by  establishments  providing  education  and  training  on  a
franchise basis for other Member States.

The Commission also brought proceedings in the Court of Justice against Greek
legislation  imposing  restrictive  conditions  on  individuals  and  firms  wishing  to
operate  optical  equipment  shops,  which  the  Commission  considers  to  be
contrary to Article 43 of the EC Treaty.

A case has been brought in the Court of Justice for a declaration that Directive
85/384  on  the  mutual  recognition  of  formal  qualifications  in  architecture  is
applied incorrectly by the Greek authorities.

2.11.

REGIONAL POLICY

2.11.1. Analysis of causes

Regional  policy  is  mainly  governed  by  Regulations  directly  applicable  in  the  Member
States.  These  regulations  (Regulations  (EC)  Nos  1164/94  (Cohesion  Fund)  and
1260/1999 (Structural Funds)) and the financial control regulations lay down strict rules.
Infringements  of  regional  policy  instruments  thus  generally  consist  of  incorrect
application  of  regulations  or  irregularities  relating  to  the  protection  of  the  financial
interests  of  the  European  Communities  (Article  1(2)  of  Council  Regulation  (EC,
Euratom) No 2988/95).

But the irregularities also involve infringements of other Community provisions. The link
between  these  regional  policy  measures  and  compliance  with  other  Community
instruments is  also  underscored by  the  express  obligation  for  measures  financed  by  the
Cohesion or Structural Funds, the EIB or other financial instruments to comply with the
provisions  of  the  Treaties  and  legislation  adopted  under  them  and  with  Community
policies (Article 8(1) of Regulation (EC) No 1164/94 and Article 12 of Regulation (EC)
No 1260/1999).

2.11.2. Effects of infringement situations

The  Commission  can  commence  proceedings  under  Article  226  of  the  EC  Treaty,  in
particular  in  the  event  of  an  infringement  of  the  Structural  Funds  Regulations  (cf.
charging of levies by national bodies responsible for managing aid schemes co-financed
by the Structural Funds, contrary to those Regulations, which require the full amount of

152

153

OJ L 19, 24.1.1989, p. 16.
OJ L 209, 24.7.1992, p. 25.

54

                                                
assistance to be paid to the final beneficiaries). In irregularity cases, the Commission can
open specific proceedings for the suspension, reduction or withdrawal of assistance from
the  relevant  Fund  in  accordance  with  Article  24  of  Regulation  (EEC)  No  4253/88  (as
amended  by  Regulation  (EEC)  No  2082/93),  and  Articles  38(5)  and  39  of  Regulation
(EC) No 1260/1999. Such proceedings were launched, for instance, where the recipient
of a direct grant failed to comply with the conditions set out in the award letter and the
recipient of a global grant who did not carry out the project to be assisted by the grant.

And  the  Commission  can  also  commence  proceedings  for  the  suspension,  reduction  or
withdrawal of assistance under Articles G and H of Annex II to Council Regulation No
1164/94 establishing the Cohesion Fund, as amended by Regulation No 1265/1999.

2.12.

TAXATION AND CUSTOMS UNION

2.12.1. Customs union

In the customs area, where Community legislation is mostly in the form of Regulations,
the Commission  commenced  proceedings  against  France, which,  when  giving  a  stay  of
execution  of  a  customs  decision  in  matters  of  a  posteriori  recovery  of  a  customs  debt,
does  not  require  the  debtor  to  provide  a  guarantee  as  provided  by  Article  244  of  the
Community  Customs  Code.  And  stays  are  given  too  generously.  France  acknowledged
the  correctness  of  the  Commission’s  position  and  announced  that  at  the  beginning  of
2003 it would establish a national customs debt recovery procedure allowing Community
rules to apply properly in all circumstances.

The  Commission  brought  an  action  in  the  Court  of  Justice154  in  proceedings  against
Greece on the levy charged on imports of pharmaceuticals for the benefit of the National
Medicines Organisation, as such a levy on importers constitutes a tax having equivalent
effect to a customs duty contrary to Articles 23 and 25 of the Treaty. Proceedings against
Greece  concerning  the  levies  on  imports  of  frozen  fish  of  Community  origin  were
terminated when the authorities took action in line with the reasoned opinion.

2.12.2. Direct taxation

Commission activity here was particularly intense in 2002.

First,  Germany  was  given  notice  to  make  its  views  known  on  the  tax  treatment  of
dividends from foreign investment funds, which appeared to be discriminatory within the
meaning  of  Articles  49  and  56  of  the  EC  Treaty.  The  full  amount  of  dividends  from
foreign funds is taxable, whereas only half the dividends from German funds is taxable.
The Commission is concerned that this treatment could make it more difficult for foreign
funds to sell their products in Germany, especially as a recent Bill would seem to extend
the same tax discrimination to capital gains.

Reasoned opinions were issued in the following specific cases:

–  Belgium:  national  legislation  relating  to  succession  duties  and  registration  charges  is
not in conformity with Articles 43 and 48 of the EC Treaty, as several forms of tax relief

154

Case C2002/426.

55

                                                
are given only to Belgian bodies, which runs counter to the freedom of establishment of
bodies from other Member States;

– Spain: legislation relating to various tax provisions applicable to capital gains on shares
sold on Spanish stock exchanges and those sold on markets in other Member States is not
in conformity with Articles 49 and 56 of the EC Treaty;

–  France:  Refusal  to  allow  partial  deduction  from  income  tax  of  child-care  costs  for
parents residing in France but placing their children in a crèche in Belgium, contrary to
Articles 39 and 49 of the EC Treaty;

–  Italy:  Introduction  with  retroactive  effect  of  a  tax  incompatible  with  Directive
69/335/EC concerning indirect taxes on the raising of capital, and application of specific
rules  making  it  very  difficult  to  exercise  the  right  to  reimbursement  of  the
government concession tax declared illegal by the Court of Justice.155

Two  earlier  infringement  proceedings  were  referred  to  the  Court  of  Justice:  the  first
concerns  France  and  income  from  capitalisation  contracts;156  the  second  concerns
Belgium and the tax on subscriptions to new shares in investment companies.i.

The infringement proceedings against Greece, which imposed not only the tax on raising
of capital but also other special taxes on the capital of limited liability companies, were
terminated after Greece came into line with the judgment given by the Court of Justice on
19.3.2002.157

2.12.3. Value-added tax

As in previous years the Commission commenced several new proceedings for incorrect
application  of  the  Sixth  VAT  Directive  (77/388/EEC)  relating  to  the  uniform  basis  of
assessment:

– Belgium: at public sales of works of art, Belgium charges VAT on the droit de suite,
which  is  a  form  of  participation  in  the  profit  and  received  by  artists  or  their  heirs  and
successors upon successive resales of their works, contrary to Article 2 of the Directive;

–  Spain:  First,  the  Spanish  legislation  on  VAT  on  grants  and  subsidies  contains  two
provisions contrary to the Directive, namely that the prorata is applied to taxable persons
who have only taxable operations, contrary to Article 17(5), and that it places a limit on
the right to deduct that it contrary to Article 17(2). Second, on the basis of Article 16 of
the  Directive,  Spain  has  exercised  the  option  of  establishing  non-customs  warehouses,
the  removal  of  goods  from  them  being  treated  as  equivalent  to  an  import,  which
effectively  creates  two  taxable  events  with  the  consequential  obligation  to  make  two
separate declarations, one of them a customs declaration; but the Directive does not allow
a taxable event to arise solely from the removal of goods from a customs warehouse;

– Greece: by refusing to allow exemption  from  VAT for  the  grant of  credit by  persons
other  than  financial  institutions,  Greece  is  acting  contrary  to  Article  13(B)(d)(1)  of  the

155

156

157

Cases C-1991/071 and C-1991/178 [1993] ECR I-01915.
Case C-2002/333.
Case C-1998/426 [2002] ECR I-02793.

56

                                                
Directive, which exempts credit as such and allows no distinction to be made depending
whether the person giving the credit is a financial institution or another person, such as a
seller of goods on credit;

– Italy: to give effect to the judgment of the Court of Justice of 3.9.2000,158 the French
authorities  now  charge  VAT  on  tunnels  between  France  and  Italy.  But  Italy  has
maintained the exemption and is therefore still in an infringement situation.

Two existing proceedings against Germany have been referred to the Court of Justice: the
first concerns the non-taxation of subsidies for dried fodder159 and  the second concerns
the application of reduced VAT rates to artists.160 The Court also gave judgment against
Germany on 20.6.2002 in the case concerning exemption for research activities.161

A significant number of proceedings were terminated after Member States amended their
legislation, particularly in response to the Court’s judgments for the Commission:

– Spain: The reduced rate of VAT on  motorway tolls was abolished as required  by the
Court’s judgment of 18.1.2001;162

– France: The French authorities have complied with the judgment given by the Court of
Justice  on  14.6.2001163  regarding  the  partial  deductibility  of  diesel  used  as  a  fuel  in
vehicles not eligible for deduction;

–  Italy:  The  Italian  authorities  adopted  a  ministerial  decree  on  the  procedure  for
reimbursement by the issue of government bonds in response to the judgment given by
the Court of Justice on 25.10.2001;164

– Netherlands: The contested deduction for vehicle costs has been abolished in response
to the judgment given by the Court of Justice on 8.11.2001;165

– Portugal: The Portuguese authorities have come into line with the judgment given by
the Court of Justice on 9.3.2001166 concerning the application of a reduced rate to certain
products, including wines.

Another proceeding was commenced against Italy for incorrect application of the eighth
VAT  Directive  (79/1072/EEC)  on  arrangements  for  the  refund  of  value  added  tax  to
taxable persons not established in the territory of the country. Reimbursements to taxable
persons  not  established  in  the  territory  of  the  country  are  still  made  with  considerable
delay.

158

159

160

161

162

163

164

165

166

Case C-1997/358 [2000] ECR I-06301.
Case C-2002/144.
Case C-2002/109.
Case C-2000/287 [2002] ECR I-05811.
Case C-1999/089 [2001] ECR I-00445.
Case C-2000/040 [2001] ECR I-04539.
Case C-2000/078 [2001] ECR I-08195.
Case C-1998/338 [2001] ECR I-08265.
Case C-1998/276 [2001] ECR I-01699.

57

                                                
2.12.4. Other indirect taxes

The  Commission  served  an  additional  letter  of  formal  notice  to  act  on  the  United
Kingdom, which still applies to travellers returning from other Member States where they
have  bought  alcoholic  beverages  and  tobacco  products  for  their  personal  use  penalties
that are such as to be incompatible with Directive 92/12/EC on the general arrangements
for products subject to excise duty. +Under the same Directive, a reasoned opinion was
served  on  Belgium  for  charging  excise  duties  on  manufactured  tobacco  products  by
means  of  tax marks  on  packaging  and  demanding  payment  of  excise  duties  at  the  time
when  the  marks  are  supplied.  The  Commission  commenced  Article  228  proceedings
against  France  for  failure  to  take  the  measures  required  by  the  judgment  given  by  the
Court  of  Justice  of  27.2.2002  concerning  tax  differentials  between  light  and  dark
tobacco,167
  held  to  be  contrary  to  Directives  95/59/EC  and  92/79/ECC,  and  to  Article
90(1) of the EC Treaty.

Regarding the taxation of motor vehicles, the Commission commenced  proceedings for
incorrect application of Directive 83/183/EEC against Denmark, which refuses to allow
exemption from registration taxes to persons transferring their permanent residence into
the  country,  even  though  the  exemption  is  provided  for  by  the  Directive,  and  against
Greece,  which,  where  a  person  relocates  from  another  Member  State,  applies  taxes  on
vehicles  of one  fifth  of the  tax normally  paid to register  a  vehicle  in  Greece  instead  of
giving the exemption provided for by the Directive.

The Commission was able to terminate the proceedings against Portugal under Article 90
of  the  EC  Treaty  after  Portugal  established  an  alternative  legal  framework  for  taxing
second-hand  vehicles.  It  also terminated the  tax aspect of the infringement proceedings
against  France  concerning  the  tax  on  rendering  at  abattoirs,  which  was  contrary  to  the
same Article of the Treaty, the rest of the case being examined as a State aid issue.

2.12.5. Mutual assistance

The Commission asked the United Kingdom to apply in Gibraltar Directive 77/799/EEC,
which  requires  the  Member  States  to  exchange  all  the  information  they  need  for  the
proper assessment to taxes  on  income and assets, value  added  tax  and  excise  duties  on
mineral  oils,  tobacco  and  alcohol.  The  mutual  assistance  directive  is  applicable
throughout Community territory, of which Gibraltar is part.

A  reasoned  opinion  was  served  on  France  for  failure  to  notify  national  measures
implementing  the  directives,  which  in  tax  matters  is  proportionately  less  frequent  than
cases of incorrect application, and letters giving formal notice to act were served on other
Member States regarding Directive 2001/44/EC of 15.6.2001 on mutual assistance for the
recovery of claims.

2.13.

EDUCATION, AUDIOVISUAL MEDIA AND CULTURE 

2.13.1. Education

Under Articles 149 and 150 of the EC Treaty, each Member State is responsible for the
content of its education and the organisation of its education system. But Member States

167

Case C-2000/302 [2002] ECR I-02055.

58

                                                
are required by Article 12 of the EC Treaty to refrain from imposing any form of direct
or  indirect  nationality  discrimination  as  regards  access  to  education  and  vocational
training.

The Commission has observed that students and persons receiving training still encounter
a variety of  barriers  to  academic  mobility.  But  the  limited  scope  of  Community  law  in
this field, where there is no secondary legislation, means that barriers to mobility are not
always  directly  contrary  to  the  Treaty.  They  flow  from  administrative  practices,  slow
procedures  and  so  on  rather  than  from  outright  nationality  discrimination  contrary  to
Article  12  of  the  EC  Treaty.  Barriers  such  as  these  are  likely  to  discourage  European
students  from  exercising  their  right  of  free  movement.  The  problem  most  commonly
arises  in  connection  with  the  recognition  of  qualifications.  The  recognition  of
qualifications for academic purposes is a matter within the Member States’ jurisdiction;
but  the  Member  States  are  required  by  Article  12  of  the  EC  Treaty  to  refrain  from  all
forms of nationality discrimination. The Commission has observed that in some Member
States the accreditation procedure is far too slow and that the relevant national authorities
give greatly inadequate reasons for their decisions. Although recourse to national redress
procedures  is  the  only  effective  means  of  obtaining  the  amendment  or  annulment  of
decisions  taken  by  national  authorities,  contacts  have  been  established  with  some
Member States to ascertain why accreditation procedures take such a disproportionately
long time, as they generate barriers to mobility of students.

In 2002, the Commission decided to refer two infringement cases to the Court of Justice,
one  against  Austria  and  one  against  Belgium,  for  imposing  conditions  for  access  on
holders of  qualifications awarded  by other  Member  States  that  are  different  from  those
applied to their own nationals. Although Belgium has agreed to amend its legislation in
line with Article 12, it has yet to notify the Commission of amended legislation.

2.13.2. Audiovisual  (Directives  97/36/EC  of  30  June  1997  and  89/552/EEC  of  3

October 1989 (Television without frontiers)

2.13.2.1.Application of the Directives

The  main  objective  is  to  create  the  conditions  for  the  free  movement  of  television
programmes. In an overall assessment the Fourth Application Report168 confirms that
the  Directive  provides  effective  regulation  for  the  European  audiovisual  sector  and  the
validity  of  the  common  European  approach  to  audiovisual  matters.  The  overriding
objectives  of  public  interest  that  the  Directive  aims  to  safeguard  are  still  valid  and
Member  States  have  given  themselves  the  means  to  achieve  these  objectives.
Independent  national  regulatory  authorities  have  been  set  up  and  most  Member  States
have allocated additional staff and resources to effectively implement the Directive. The
Court stated  that  Luxembourg169 and  Italy170 had  failed  to  fulfil  their  obligations  under
the  Directive.  In  both  Member  State  the  provisions  of  the  Directive  have  been  duly
implemented in the meantime.

168

169

170

COM (2002) 778 final.
Case C-119/00.
Case C-207/00.

59

                                                
The  Commission  has  been  examining  a  complaint  relating  to  the  determination  of  the
State  of  jurisdiction  of  a  broadcaster  in  accordance  with  Article  2  of  the  Directive.The
complainant, CLT-UFA SA, is a satellite broadcaster, licensed in Luxembourg, directing
the  services  RTL  4  and  5  to  the  Dutch  market.  The  Dutch  Media  Commission,  by
decision of 5 February 2002, upheld its previous decision of 20 November 1997. In this
initial  decision,  it  held  that  RTL/Veronica  de  Holland  Media  Group  SA  was  the
responsible  broadcasting  organisation  for  RTL  4  and  RTL5,  which  therefore  fell  under
the jurisdiction of the Dutch authorities. The Commission considers that, according to the
criteria  laid  down  in  the  Directive,  RTL  4  and  5  fall  under  the  jurisdiction  of  the
Luxembourg authorities. The parties do not contest the fact that the channels are licensed
in Luxembourg. This case will be closely followed to ensure that the interpretation given
to the criteria is in line with the case law of the European Court of Justice.

Article 3a(1)  of  the  Directive provides  the  Member  States  with  a  legal  basis  for  taking
national measures to protect a number of events regarded as being of major importance
for society. By the end of 2002 measures in relation to Article 3a(1) of the Directive were
in force in Italy, Germany, the United Kingdom and Austria. At the beginning of 2002,
Denmark withdrew its measures171. In accordance with Article 3a(2) of the Directive, a
consolidated list of the measures taken by Member States has been published once a year
in  the  Official  Journal  of  the  European  Communities.  The  last  consolidated  list  was
published in August 2002172. Belgium submitted draft measures pursuant to Article 3a of
the  Directive  on  5  September  2002.  This  proposal  was  not  complete  and  the  Belgian
authorities were informed accordingly. The Irish authorities notified draft measures on 7
November 2002, which were discussed in the Contact Committee established pursuant to
Article 23a of the  Directive  on 30 January 2003. One  case - concerning the role of the
Commission  in  relation  to  Article  3a  of  the  Directive  -  is  still  pending  before  the
European Court of First Instance173.

The Commission adopted on 8 November 2002 the Fifth Communication to the Council
and the  European Parliament on the  application of Articles 4  and 5  of  the  Directive174.
This Communication shows the general trends observed both at Community level and in
the  individual  Member  States  concerned.  For  the  reference  period  (1999-2000),  the
national reports reflect generally satisfactory application by the European Union Member
States of the provisions of Article 4 (European works) and Article 5 (European works
created by independent producers) of the Directive.

The  Directive  also  lays  down  rules  on  the  quantity  of  advertising  authorised.  The
Commission  received  several  complaints  about  alleged  failures  to  comply  with  the
advertising  and  sponsorship  rules  in  the  Member  States.  Problems  arose  in  particular
with  the  practices  of  certain  broadcasters  in  Greece,  Spain,  Italy  and  Portugal.  The
Commission is analysing the situation in these countries to find out whether the alleged
excesses  might  constitute  infringements  by  the  relevant  Member  State.  As  a  result  the
Commission  decided  to  send  a  complementary  reasoned  opinion  to  Spain  (26  April
2002).

171

172

173

174

Published in OJ C Nr 45, 19.02.2002
OJ C 189, 9.8.2002, p. 2
Case T-33/01
COM(2002)612 final http://europa.eu.int/comm/avpolicy/regul/twf/art45/art45-intro_en.htm

60

                                                
By way of exception from the general rule of freedom to receive and retransmit, Article
2a(2) of the Directive allows the Member States, subject to a specific procedure, to take
measures  against  broadcasters  under  the  jurisdiction  of  another  Member  State  who
“manifestly,  seriously  and  gravely”  infringe  Article  22.  The  aim  is  to  protect  minors
against programmes “likely to impair [their] physical, mental or moral development” and
to  “ensure  that  broadcasts  do  not  contain  any  incitement  to  hatred  on  grounds  of  race,
sex,  religion  or  nationality”.  The  Commission  considers  that  Article  2a(2)  was
satisfactorily applied during the report period. A  new  notification of intended measures
was submitted to the Commission by the German authorities on 6th November 2001 and
consultations according to Article 2a(2)d took place.

2.14. HEALTH AND CONSUMER PROTECTION

Policy on health and consumer protection is one of the Community responsibilities that
directly affect the life of Europe’s citizens.

The  importance  of  this  is  reflected  in  the  Commission’s  activities  in  enforcing
Community law. Monitoring the application of Community health law is not confined to
investigating  complaints  and  commencing  infringement  proceedings  but  includes  the
preventive  activities  of  the  Food  and  Veterinary  Office,  whose  inspection  reports  and
dialogue with the Member States ensure  that the  Member States  apply Community law
uniformly and properly.

2.14.1. Veterinary legislation

Securing  the  highest  level  of  food  safety  in  the  European  Union  is  one  of  the
Commission’s  top  priorities.  There  is  no  doubt  that  a  high  level  of  food  safety  can  be
attained only  by  action at  Community level.  It would therefore be unacceptable  for  the
operation  of  the  internal  market  to  be  hampered  by  unilateral  measures  taken  by  the
Member States.

Specific  attention  is  merited  in  this  respect  by  the  Commission’s  infringement
proceedings against France for its import ban on British beef in the context of the fight
against  bovine  spongiform  encephalopathy  (BSE).  As  France  did  not  take  measures  to
give effect to the judgment given against it by the Court of Justice on 13.12.2001 in Case
C-1/00,  for  refusing  to  lift  the  embargo  on  imports  of  British  beef  properly  marked  or
labelled  from  30  December  1999,  the  Commission  commenced  expedited  Article  228
proceedings on 21.3.2002. The infringement was put right after the Commission applied
to  the  Court  to  give  judgment  against  France  for  failure  to  comply  with  the  earlier
judgment,  with  a  periodic  penalty  payment  in  support.  The  Commission  withdrew  its
action once the infringement was terminated.

The  Commission  served  a  reasoned  opinion  on  France  for  adopting  legislation
prohibiting the marketing of sweetbreads, for having no official veterinarian presence in
poultry abattoirs and for failure to comply with other aspects of Community  legislation
on fresh poultrymeat.

The Commission welcomed the adoption of measures in the United Kingdom to prohibit
the  use  of  hyperchlorinated  water  to  disinfect  poultry  carcasses  and  thus  terminate  an
infringement proceeding that had been running since 1997.

61

As regards barriers to trade in the context of veterinary controls, the Commission decided
to refer to the Court of Justice the obligation to give the Swedish veterinary authorities
prior  notice  of  arrivals  of  consignments  of  fresh  meat  or  products  containing  animal
products from other Member States.

Three Directives  were  due for  notification  of  national  implementing  measures  in  2002:
Directives  1999/74/EC  (laying  hens),  2000/75/EC  (bluetongue)  and  2001/89/EC
(classical swine fever).

Council  Directive  1999/74/EC  of  19  July  1999  lays  down  new  minimum  standards  for
the protection of laying hens by laying down stronger common rules to fill in the gaps in
earlier  legislation  that  paid  inadequate  attention  to  animal  well-being.  It  allows  each
Member  State  to  establish  more  stringent  requirements  for  its  territory.  It  distinguishes
minimum conditions for three categories of laying hen breeding systems: enriched cages
with a minimum surface of 750 cm2 per hen; unenriched cages with a minimum surface
of 550 cm2 per hen (to be abolished gradually by 2012); systems without cages with nests
(at least one per seven hens), adequate perches and population density not exceeding nine
hens per m2 of usable surface area.

The  Commission  served  reasoned  opinions  on  Austria,  Belgium,  Greece,  Italy  and
Portugal for failure to fulfil their obligations under the Directive.

Concerning  Council  Directive  2000/75/EC  of  20  November  2000  laying  down  specific
provisions for the control and eradication of bluetongue, reasoned opinions were served
on Greece, Italy and the United Kingdom.

Council  Directive  2001/89/EC  of  23  October  2001  on  Community  measures  for  the
control  of  classical  swine  fever  has  been  transposed  by  Belgium,  Denmark,  Spain,  the
Netherlands  and  Finland.  Infringement  proceedings  have  been  commenced  against  the
other Member States, which have not met their obligation to notify.

2.14.2. Plant-health legislation

Spain,  Luxembourg  and  Sweden  have  notified  national  measures  transposing  all  the
directives due for transposal in 2002.

Germany and France are still behind schedule.

Austria  has  adopted  the  amendment  to  the  regulation  on  maximum  pesticide  residues,
transposing  the  directives  on  maximum  pesticide  residues,  and  the  infringement
proceedings have been terminated.

2.14.3. Seeds and seedlings legislation

Two directives were due for transposal in 2002.

Reasoned  opinion  for  failure  to  notify  measures  transposing  Directive  2001/64/EC  (on
the  marketing  of  fodder  plant  seed  and  cereal  seed)  were  served  on  Germany,  Greece,
Italy  and  the  United  Kingdom.  Reasoned  opinions  for  failure  to  notify  measures
transposing  Directive  2002/8/EC  (conditions  for  examining  vegetable  and  agricultural
varieties) were served on Belgium, Greece and Italy.

62

Germany has not yet caught up its delays in transposing Directives 98/56/EC, 99/66/EC
and 99/68/EC (propagating material of ornamental plants).

2.14.4. Food legislation

The Commission terminated the infringement proceedings against Spain for imposing an
obligation to specify the size-grading of  table  olives on the  label.  Spain  issued a Royal
Decree abolishing this requirement, which was contrary to Community legislation on the
labelling of foodstuffs and its exhaustive list of compulsory items of information.

Denmark,  Greece  and  Sweden  have  notified  national  measures  transposing  all  the
directives due for transposal in 2002.

There  are  relatively  few  problems  with  the  Member  States’  notification  of  transposal
measures in this area. Germany has the largest shortfall.

2.14.5. Animal feedingstuffs legislation

There were no significant developments this  year in  the  notification  of  Member States’
measures  transposing  directives.  Four  directives  fell  due  for  transposal  in  2002:
2001/46/EC (official inspections in the field of animal nutrition); 2001/79/EC (additives);
2001/102/EC  (undesirable  substances  and  products  in  animal  nutrition)  and  2002/1/EC
(animal feedingstuffs).

Greece  is  the  country  with  the  largest  shortfall.  In  2001  the  Court  of  Justice  gave
judgment against Greece for failing to fulfil its obligation to transpose two feedingstuffs
directives (95/69/EC and 98/51/EC). Greece has complied with the Court’s judgment as
regards  Directive  95/69/EC.  But  it  was  sent  an  Article  228  reasoned  opinion  regarding
Directive  98/51/EC  on  approving  and  registering  certain  establishments  in  the  animal
feed  sector.  And  the  Court  gave  judgment  against  Greece  for  failure  to  fulfil  its
obligation to transpose Directive 99/20/EC concerning additives in feedingstuffs. Greece
has complied with this judgment.

2.14.6. Consumer protection

There has been a sharp improvement in the situation regarding incorrect transposal, and
several cases have been terminated. An example is the proceedings against Portugal for
incorrect  transposal  of  Directive  94/47/EC  (right  to  use  immovable  properties  on  a
timeshare  basis).  The  Portuguese  legislation  has  been  amended  in  line  with  all  the
Commission’s  objections,  and  the  case  was  closed  at  the  reasoned  opinion  stage.  The
Commission also brought proceedings against Italy in the Court of Justice regarding the
same directive, but withdrew them when Italy agreed to act on all its objections.

The  Court  gave  judgment  in  two  cases  concerning  failure  to  implement  Directive
93/13/EEC  (unfair  contract  terms).  In  Case  C-478/99  Commission  v  Sweden,  the  Court
held  that  the  indicative  list  of  contract  clauses  capable  of  being  regarded  as  unfair,
annexed to Directive 93/13/EEC, could legitimately be included in the preparatory work
for the Swedish Act transposing the Directive and did not necessarily have to be in the
body of the Act itself. Two partly similar proceedings against Finland and Denmark were
terminated accordingly.

63

In  the  second  case,  Case  C-1999/372,  the  Court  found  against  Italy  for  incomplete
transposition  of  Article  7(3)  of  Directive  93/13/EEC.  The  Italian  transposal  legislation
did  not  specify  that  action  for  an  injunction  against  a  professional  association  could
concern  not  only  the  use  of  an  unfair  clause  but  also  the  recommendation  that  such
clauses be used. The Court accordingly held that Italy had failed to fulfil its obligations
under  the  Directive,  even  though  the  Italian  courts  generally  interpret  the  concept  of
“use” in a broad sense including recommended unfair clauses.

The Directive on the sale of consumer goods and associated guarantees (1999/44/EC) fell
due for transposal on 1 January 2002, and national measures should have been notified
by then. The directive confers a common set of rights on consumers, valid wherever the
goods are purchased in the European  Union. The core  right is that, if  the  goods  do  not
conform to the purchase contract, the  consumer has a right  of redress  against the seller
for  two  years  after  delivery.  The  consumer  can  seek  repair  of  the  goods,  their
replacement,  a  reduction  on  a  subsequent  purchase  or  full  reimbursement  of  the  price
paid. For six months after delivery, it is for the seller and not for the purchaser to show
that the goods conform to the sales contract and are free of defects. The final seller, who
is  liable  vis-à-vis  the  purchaser,  may  shift  liability  on  to  the  manufacturer  in  cases
defined by the Member  States.  The Member States are authorised  to  lay  down  rules  of
domestic law requiring consumers who wish to exercise their right of redress to inform
the seller of all defects or lack of conformity within two months of detecting the problem.
The directive also requires commercial guarantees given by producers and retailers alike
to be in plain intelligible language. Where such guarantees are given, they must indicate
that they go beyond the consumer’s legal rights.

The  Commission  served  reasoned  opinions  on  Belgium,  Spain,  France,  Ireland,
Luxembourg, the Netherlands, Portugal and the United Kingdom for failure to fulfil the
obligation to transpose Directive 1999/44/EC in the time allowed.

Regarding Directives 97/55/EC (misleading advertising) and 98/7/EC (consumer credit),
Spain has complied with the two judgments  given by the Court of Justice for failure to
fulfil its transposal obligation.

2.14.7. Public health

Parliament  and  Council  Directive  2001/37/EC  of  5  June  2001  on  the  approximation  of
the laws, regulations and administrative provisions of the Member States concerning the
manufacture,  presentation  and  sale  of  tobacco  products  fell  due  for  transposal  on  30
September 2002.

The  Commission  has  started  infringement  proceedings  against  all  the  Member  States
except  Belgium,  Spain  and  Sweden  for  failure  to  notify  it  of  national  transposal
measures.

2.14.8. Notification of technical rules

Parliament and Council Directive 98/34/EC of 22 June 1998 laying down a procedure for
the  provision  of  information  in  the  field  of  technical  standards  and  regulations,  as
amended by Directive 98/48/EC, requires Member States and Members of the European
Free Trade Association who have signed the Agreement on the European Economic Area
plus  Switzerland  to  give  each  other  and  the  Commission  prior  notification  of  all  draft

64

rules  containing  technical  standards  or  rules  in  order  to  avoid  raising  new  barriers  to
trade in the internal market.

The 201 texts notified in 2002 (188 by Member States of the European Union and 13 by
EFTA  countries  or  Switzerland),  sometimes  by  the  urgent  procedure  (9),  as  regards
health  and  consumer  protection  are  evidence  of  the  growing  attention  paid  by  national
legislative bodies to these matters, particularly as regards foodstuffs. The Commission’s
review of these notifications yielded observations in nine cases, negative decisions in six
and reasoned opinions in eleven cases where the instruments notified needed adjusting to
match them with the requirements of Community law. The number of notifications by the
Member States under the procedure of Directive 98/34/EC in the course of the year – 32
– shows that information services are also expanding rapidly.

2.15.

JUSTICE AND HOME AFFAIRS

The  salient  features  of  the  year  as  regards  the  free  movement  of  persons  and  Union
citizenship  were  four  major  judgments  given  by  the  Court  of  Justice,175  the  relative
stability  of  the  number  of  infringement  proceedings  and  sharp  rise  in  the  number  of
Commission decisions referring infringement proceedings dating from earlier years to the
Court of Justice.

The Court’s judgments for the first time confirm the direct effect of Article 18(1) of the
EC Treaty and the principle of applying the right of residence of Union citizens and their
family  members  irrespective  of  nationality,  in  the  light  of  the  fundamental  right  to
protection  of family life, the proportionality  principle and Union citizenship.  They  also
put clear limits on the possibilities for the Member States to withhold the right of entry
and residence for a Union citizen’s family members who are third-country nationals, in
the event of the absence of travel documents or visas, illegal entry or presentation of an
application for a residence card after the expiry of the visa.

2.15.1. Application  of  the  principle  of  the  prohibition  of  nationality  discrimination  as

regards the right of residence and traffic offences

The  Commission  decided  to  take  France  to  the  Court  of  Justice  for  its  legislation
providing  that  from  the time  of  the  first  renewal  permanent  residence  cards  were  to  be
issued to nationals of other Member States engaging in gainful activity in France on the
basis of reciprocity, which excludes nationals of other Member States which do not allow
French citizens residing in their territory the same benefit.

The  Commission  also  decided  to  bring  an  action  in  the  Court  of  Justice  against  Spain
concerning  the  disproportionate  and  discriminatory  penalties  for  nationals  of  other
Member States who neglect to apply for the issue or renewal of a residence card in Spain.

In an action brought by the Commission against Italy, the Court of Justice held that by
maintaining  differentiated  and  disproportionate  treatment  between  offenders  in  section

175

Case  C-224/98  D’Hoop  [2002]  ECR  I-6191  (11.7.2002),  Case  C-60/00  Carpenter  [2002]  ECR
I-6279 (11.7.2002), Case C-459/99 MRAX v Belgium [2002] ECR I-6591 (25.7.2002), and  Case
C-413/99 Baumbast R (17.9.2002).

65

                                                
207  of  the  Road  Traffic  Code,  depending  where  the  vehicle  was  registered,  Italy  had
failed to fulfil its obligations under Article 12 of the EC Treaty.176

2.15.2. Free movement of people

The  Commission  decided  to  refer  to  the  Court  of  Justice  infringement  proceedings
against  Belgium  in  respect  of  the  Belgian  authorities’  practice  of  accepting  only
resources  available  from  the  applicant’s  spouse  or  children  when  applying  Directive
90/364  on  the  right  of  residence  of  economically  inactive  people,177  whereas  the
Directive is silent on the source of resources, and the procedure for issuing an expulsion
order to Member State nationals who have neglected to produce the documents required
for the issuance of a residence card within the time allowed.

The  Commission  also  decided  to  take  Spain  to  the  Court  of  Justice  on  account  of  the
requirement by Spanish legislation that third-country nationals who are family members
of a Union citizen  wishing to settle with  the  Union  citizen  in  Spain  must  first  obtain  a
residence visa and present a series of documents. The Commission commenced two other
infringement  proceedings  against  Spain  for  refusing  to  issue  visas  for  third-country
nationals who are family members of a Union citizen on the basis of an alert entered in
the Schengen Information System (SIS) by another Member States despite the absence of
considerations of public order, public security or public health to justify the refusals.

On 5 December 2002, the Commission brought an action in the Court of Justice178 for the
failure  by  German  legislation  and  administrative  practice  regarding  expulsion  orders
against Union citizens on public order grounds to comply with Community  law.179 The
Commission  submits  that  Germany  has  failed  to  fulfil  its  obligations  by  not  making  it
clear  in  its  legislation  that  there  can  be  no  automatic  causal  link  between  a  criminal
conviction  and  expulsion  of  a  Union  decision,  by  issuing  expulsion  decisions  against
Union  citizens  that  refer  to  deterrence  considerations  or  display  disproportion  between
the  violation  of  family  life  and  the  preservation  of  public  order,  and  by  ordering
immediate execution of expulsion decisions where there are no grounds of urgency.

2.15.3. Right to vote at municipal elections

The Commission decided to terminate two infringement proceedings against France and
Greece.  These  cases  concerned  the  principle  established  by  Council  Directive
94/80/EC180 that nationals of other Member States wishing to exercise their right to vote
at  municipal  elections  in  their  host  country  are  subject  only  to  the  electoral
disqualification  rules  of  the  country  of  residence  and  that  national  authorities  are  not
entitled to demand a declaration from the beneficiaries of the directive that they have not
been deprived of their voting rights in their country of origin.

176

177

178

179

180

Case C-224/00 Commission v Italy [2002] ECR I-2965 (judgment given on 19.3.2002).
OJ L 180, 13.7.1990, p. 26.
Case C-441/02.
See Nineteenth Annual Report, point 2.15.4.
OJ L 368, 31.12.1994, p. 38.

66

                                                
2.16.

BUDGET

Infringements in budget matters are most commonly found in traditional own resources,
in  particular  customs  duties,  where  the  number  of  referrals  to  the  Court  of  Justice  has
risen this year.

2.16.1. Developments in proceedings dating from earlier years

In its decision du 7 March 2002 in Case C-2000/10 against Italy (goods imported to San
Marino), the Court did not determine the actual amounts of the rectification of traditional
own resources to be paid. It called on the Commission and the Italian authorities to make
full use of all the possibilities of dialogue and loyal cooperation.

The Commission referred a case against Germany to the Court181 for late establishment
of traditional own resources where transit documents are not cleared.

The  case  against  France  concerning  reimbursement  of  VAT  under  the  Protocol  on  the
Privileges and Immunities of the European Communities was terminated.

2.16.2. New proceedings

Having referred a case against Denmark to the Court of Justice for a  declaration that it
was financially liable for an administrative error that caused a loss of own resources, the
Commission decided to bring proceedings against Belgium and served reasoned opinions
on  the  Netherlands  and  Portugal  to  establish  the  financial  liability  of  their  customs
authorities for the loss of own resources when customs duties became time-barred.

The decision was also taken to refer to the Court the Belgian practice of unduly delaying
the payment of customs own resources: where the person liable to duty is authorised to
pay  in  instalments,  Belgium  makes  own  resources  available  only  when  it  has  received
them in full.

2.17.

PERSONNEL AND ADMINISTRATION

As  regards  the  application  of  Community  law  to  the  staff  of  the  Communities,  the
Commission ensures that the legislation of the Member States is adopted in compliance
with  Protocol  on  the  Privileges  and  Immunities  of  the  Communities  and  the  Staff
Regulations  of  Officials  and  the  Conditions  of  Employment  of  Other  Servants  of  the
European Communities.

No new infringement proceedings were commenced in 2002.

181

Case

67

                                                
2.18.

ENLARGEMENT

1.  Contribution  on  CoJ  cases  (judgments  of  27.9.2001  –  no  reference  in  the  2002
report)

(wording partly taken from the CoJ press release)

The  European  Communities  have  signed  in  the  1990s  association  agreements  with  all
Central  and  Eastern  Europe  candidate  countries  for  accession  to  the  Union.  The
agreements are designed to provide an appropriate framework for the accession of those
States to the European Union. In that regard, all of them contain sections dealing with the
movement of workers, the right of establishment and services.

They  contain,  inter  alia,  provisions  prohibiting  discrimination  on  grounds  of
nationality  against  nationals  of  those  States  who  are  self-employed  workers,  or
persons setting up and managing companies. Such nationals are entitled to treatment
that is no less favourable than that accorded to companies and nationals of the Member
States.

The three cases judged by the Court on 27.9.2001 involve proceedings between, on the
one hand, Polish, Czech and Bulgarian nationals and, on the other, the United Kingdom
authorities.

The  Court  of  Justice  first  recalls  the  purpose  served  by  the  association  agreements:  to
promote  trade  and  harmonious  economic  relations  so  as  to  foster  the  development  of
prosperity in those States and facilitate their future accession.

The Court  considers  that  the authorities of  the  Member States remain competent to
apply, within the limits set by those agreements, their own national laws and regulations
regarding entry, stay and establishment.

However,  the  Court  takes  the  view  that  the  principle  of  non-discrimination,  from
which nationals  of  Poland,  the  Czech  Republic  and  Bulgaria  must  benefit  who  wish  to
pursue,  within  the  territory  of  the  Member  States  of  the  Union,  economic  activities  as
self-employed  persons  or  to  set  up  and  manage  undertakings  which  they  effectively
control,  is  directly  applicable:  the  principle  thus  established  is  sufficiently  operational
and unconditional to be applied by national courts called to rule on the legal position of
the individuals concerned.

The association agreements thus confer on those nationals a right of establishment, that is
to say, a right to take up activities of an industrial or commercial character, activities of
craftsmen,  or  activities  of  the  professions,  and  to  pursue  them  in  a  self-employed
capacity.

The Court cites its case-law stating that the EC Treaty does indeed imply that rights of
entry  and  residence  are  conferred,  as  corollaries  of  the  right  of  establishment,  on
nationals of the Member States.

The Court takes the view, however, that rights of entry and residence are not absolute
privileges  granted  to  Polish,  Czech  and  Bulgarian  nationals,  and  that  the  exercise  of
those rights may be limited by the rules of the Member States. That said, those domestic

68

immigration rules must not nullify or impair the benefits accruing to such nationals under
the right of establishment provided for by the agreements.

The  Court  of  Justice,  called  to  rule  on  the  compatibility  of  national  immigration
legislation with the requirements of the three association agreements concerned, has thus
set out the following principles:

-  a  Member  State  cannot  refuse  entry  or  residence  to  a  national  of  one  of  the  States
concerned, with a view to his establishment, on grounds of his nationality or his country
of residence, or  because a  general  limitation  on  immigration  is  provided  for,  not  can  it
make  the  right  to  take  up  an  activity  as  a  self-employed  person  subject  to  economic
considerations relating to the labour market;

- it is necessary to determine whether the activity contemplated in the host Member State
by  persons  entitled  under  the  provisions  of  the  association  agreements  is  indeed  an
activity  pursued  in  a  self-employed  capacity  and  not  an  activity  carried  out  in  an
employed  capacity.  Implementation  of  a  national  system  of  prior  control  as  to  the
exact  nature  of  the  activity  contemplated  (an  evaluation  of  adequate  financial
resources and reasonable chances of success carried out through detailed investigations)
is thus compatible with the association agreements;

- in contrast, a Polish, Czech or Bulgarian national who makes false representations and
circumvents the relevant controls by asserting that he wishes to enter a Member State for
purposes of  tourism, although  in  fact  intending  to  take  up  an  economic  activity,  places
himself  outside  the  sphere  of  protection  recognised  by  the  association  agreements:  a
Member  State  may  in  that  case  reject  his  application  and  insist  that  he  submit  a  new
application  in  due  and  proper  form  by  applying  for  an  entry  visa  to  the  competent
authorities in his State of origin or another State, provided that this does not prevent
him from having his situation reviewed at a later date;

- the measures taken by the national authorities must not, however, adversely affect the
very substance of the rights of entry, stay and establishment of those nationals, who also
enjoy  fundamental  rights  (such  as  the  right  to  respect  for  family  life  and  the  right  to
respect for property) which follow from  the  European Convention for the Protection of
Human Rights and Fundamental Freedoms.

2. Contribution on infringement cases

Against  the  background  of  the  three  Court  decisions  of  27.9.2001  on  the  direct
applicability  of  certain  provisions  of  the  Europe  Agreements  with  Central  and  Eastern
Europe  candidate  countries,  the  Commission  received  an  increasing  number  of
complaints  concerning  alleged  infringements  of  the  Europe  Agreements.  These
complaints  concern  mainly  individual  cases  regarding  the  right  of  establishment  as
self-employed workers or persons setting up or managing companies and the relation to
the  practical  application  of  national  laws  and  regulations  regarding  entry,  stay  and
establishment by authorities and courts in Austria, Germany, Sweden and Denmark. One
other complaint by a Polish national concerning the non-issuing of working permits for
Polish workers by the Dutch authorities has been closed as unfounded.

69

Although accession negotiations were concluded in December 2002 and accession of ten
new Member States by 1 May 2004 is on its way, the Europe Agreements will remain in
force until the day of accession.

2.19.

COMMUNITY STATISTICS

In  the  statistical  field,  the  application  of  Community  legislation  posed  no  particular
problems, though eight infringement proceedings were commenced in 2002, six of them
for failure to notify measures transposing a directive and one for incorrect application of
Community law.

In  agricultural  statistics,  six  Member  States  (France,  Luxembourg,  Belgium,  Spain,
Sweden and Ireland) had not notified the Commission of national measures transposing
Directive 2001/109/EC.182 The Commission served letters of formal notice to act on these
Member States. By and large the delays tend to be linked to the internal institutional and
administrative structure of the Member States.

The  Commission  terminated  infringement  proceedings  against  France,  Spain,  Sweden
and Ireland following the notification of national measures.

The internal administrative and legislative process is nearing completion in Luxembourg
and Belgium.

Regarding  statistics  on  transport  of  goods  by  road,  the  Commission  commenced
infringement proceedings against Greece for incorrect application of Council Regulation
(EC) No 1172/98.183 Despite the obligation provided for by that Regulation, Greece has
provided no quarterly figures for 1999, 2000 and 2001.

i Affaire C-415/02.

182

183

Parliament  and  Council  Directive  2001/109/EC  of  19  December  2001  concerning  the  statistical
surveys to be carried out by the Member States in order to determine the production potential of
plantations of certain species of fruit trees: OJ L13, 16.1.2002, p. 21.
Council  Regulation  (EC)  No  1172/98  of  25  May  1998  on  statistical  returns  in  respect  of  the
carriage of goods by road: OJ L163, 6.6.1998, p. 1.

70

                                                
                                                
Annex I

Detection of infringement cases

Table 1.1. Means of detection of infringements

(Situation on 31 December 2002)

Year Complaints¹ Cases

detected by the 

Commission

Failure to notify²

Total

1996
1997
1998
1999
2000
2001
2002

819
957
1128
1305
1225
1300
1431

Total
257
261
396
288
313
272
318

Parliamentary questions

Petitions

22

13

18

16

15

5

30

4

4

7

10

5

1

20

1079
760
610
677
896
607
607

2155
1978
2134
2270
2434
2179
2356

(1) In 2001 complaints accounted for 60.74% of all infringements detected, as against 59.66% in 2001.
(2) Failure to notify: this category includes failure to notify national measures implementing directives 
and failure to notify technical standards under Directive 98/34/EC

Table 1.2. Cases in motion on 31 December 2002 by year of commencement

Opened in

2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
1992
1991
1990
1978/1989
Total

2356
2179
2434
2270
2134
1977
2151
1853
2396
2336
2509
2184
2343
8049
37171

In motion on 
31.12.2002

1604
747
454
263
168
84
53
52
39
12
7
15
16
27
3541

45,30%
21,10%
12,82%
7,43%
4,74%
2,37%
1,50%
1,47%
1,10%
0,34%
0,20%
0,42%
0,45%
0,76%
100,00%

Complaints

Detected by the
Commission

Failure 
to notify

1028
516
291
173
85
54
27
25
12
3
4
2
4
1
2225

248
136
121
77
74
23
25
26
25
8
3
13
12
19
810

328
95
42
13
9
7
1
1
2
1
0
0
0
7
506

¹ Cases in motion are cases opened in response to a complaint, cases detected by the Commission or failure to notify, 
whether or not infringement proceedings have been commenced.

 
Table 1.2 Cases in motion on 31 December 2002, by year of commencement (chart)

1993 1992

1991 1990

199619951994

1978/1989

1997

1998

1999

2000

2001

2002

1.3. Cases opened in 2002 - breakdown by Member State

1.3.1. Cases detected by the Commission in 2002, by Member State

opened
318
25
12
21
26
49
24
20
40
15
18
10
20
7
9
22

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

7,86%
3,77%
6,60%
8,18%
15,41%
7,55%
6,29%
12,58%
4,72%
5,66%
3,14%
6,29%
2,20%
2,83%
6,92%

In motion 

31.12.2002

248
20
8
16
21
41
19
15
33
11
15
8
14
6
6
15

8,06%
3,23%
6,45%
8,47%
16,53%
7,66%
6,05%
13,31%
4,44%
6,05%
3,23%
5,65%
2,42%
2,42%
6,05%

1.3. Cases opened in 2002 - breakdown by Member State

1.3.2. Complaints received in 2002, by Member State

received
1431
41
14
289
99
248
140
94
187
8
40
58
49
34
38
92

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

2,87%
0,98%
20,20%
6,92%
17,33%
9,78%
6,57%
13,07%
0,56%
2,80%
4,05%
3,42%
2,38%
2,66%
6,43%

In motion  
on
31/12/2002

1028
24
11
161
80
185
107
75
139
8
34
40
44
24
29
67

2,33%
1,07%
15,66%
7,78%
18,00%
10,41%
7,30%
13,52%
0,78%
3,31%
3,89%
4,28%
2,33%
2,82%
6,52%

1.3. Cases opened in 2002 - breakdown by Member State 

1.3.3. Cases opened in 2002 for failure to notify, by Member State
(failure to notify national measures implementing directives or technical standards 
under Directive 98/34/EC)

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

opened
607
34
30
51
46
31
49
46
45
36
31
43
54
40
35
36

5,60%
4,94%
8,40%
7,58%
5,11%
8,07%
7,58%
7,41%
5,93%
5,11%
7,08%
8,90%
6,59%
5,77%
5,93%

In motion on
 31/12/2002

328
23
6
29
30
12
34
26
31
21
14
27
37
15
10
13

7,01%
1,83%
8,84%
9,15%
3,66%
10,37%
7,93%
9,45%
6,40%
4,27%
8,23%
11,28%
4,57%
3,05%
3,96%

1.3.1 Cases detected by the Commission in 2002, by Member State (chart)

UK
6,92%

S
2,83%

B
7,86%

DK
3,77%

FIN
2,20%

P
6,29%

A
3,14%

NL
5,66%

L
4,72%

I
12,58%

IRL
6,29%

F
7,55%

D
6,60%

EL
8,18%

E
15,41%

1.3.2. Complaints received in 2002, by Member State (chart)

FIN
2,38%

S
2,66%

UK
6,43%

DK
0,98%

B
2,87%

P
3,42%

A
4,05%

NL
2,80%
L
0,56%

I
13,07%

D
20,20%

EL
6,92%

IRL
6,57%

E
17,33%

F
9,78%

1.3.3. Cases opened in 2002 for failure to notify, by Member State (chart)

S
5,77%

UK
5,93%

B
5,60%

DK
4,94%

FIN
6,59%

P
8,90%

A
7,08%

NL
5,11%

D
8,40%

EL
7,58%

E
5,11%

F
8,07%

L
5,93%

I
7,41%

IRL
7,58%

1.4. Breakdown by sector of cases opened in 2002 

1.4.1. Cases opened by Commission own initiative in 2002, by sector

Total:
Environment
Internal market
Health, consumer protection
Enterprise
Taxation, Customs union
Energy and Transport
Employment, Social affairs
Agriculture
Justice, Home affairs
Competition
Information society
Fisheries
Legal service
Economic and financial affairs
Education and culture
Budget
Eurostat 

open

in motion
at 31/12/2002

318
142
58
2
6
21
13
11
3
3
1
22
20
2
2
2
8
2

44,65%
18,24%
0,63%
1,89%
6,60%
4,09%
3,46%
0,94%
0,94%
0,31%
6,92%
6,29%
0,63%
0,63%
0,63%
2,52%
0,63%

248
92
50
2
6
21
13
10
3
3
1
16
15
2
2
2
8
2

37,10%
20,16%
0,81%
2,42%
8,47%
5,24%
4,03%
1,21%
1,21%
0,40%
6,45%
6,05%
0,81%
0,81%
0,81%
3,23%
0,81%

1.4. Breakdown by sector of cases opened in 2002 

1.4.2. Complaints received in 2002, by sector

Total:
Environment
Internal market
Health, consumer protection
Enterprise
Taxation, Customs union
Energy and Transport
Employment, Social affairs
Agriculture
Justice, Home affairs
Competition
Information society
Fisheries
Legal service
Economic and financial affairs
Education and culture
Enlargement
Administration
Regional policies
OLAF
Secretariat-General

received
1431
549
354
123
22
122
28
89
46
21
21
11
4
3
11
7
4
1
13
1
1

38,36%
24,74%
8,60%
1,54%
8,53%
1,96%
6,22%
3,21%
1,47%
1,47%
0,77%
0,28%
0,21%
0,77%
0,49%
0,28%
0,07%
0,91%
0,07%
0,07%

in motion
at 31/12/2002

1028
435
241
60
17
77
19
73
34
13
17
10
1
3
5
7
4
1
9
1
1

42,32%
23,44%
5,84%
1,65%
7,49%
1,85%
7,10%
3,31%
1,26%
1,65%
0,97%
0,10%
0,29%
0,49%
0,68%
0,39%
0,10%
0,88%
0,10%
0,10%

1.4. Breakdown by sector of cases opened in 2002 

1.4.3. Cases opened in 2002 for failure to notify, by sector
(failure to notify national measures to implement directives or technical standards 
under Directive 98/34/EC)

Total:
Environment
Internal market
Health, consumer protection
Enterprise
Taxation, Customs union
Energy and Transport
Employment, Social affairs
Eurostat
Justice, Home affairs
Agriculture

open

607
57
51
207
172
27
59
28
6

-
-

9,39%
8,40%
34,10%
28,34%
4,45%
9,72%
4,61%
0,99%
 -    %
 -    %

in motion
at 31/12/2002

328
41
34
99
101
6
31
14
2

-
-

12,50%
10,37%
30,18%
30,79%
1,83%
9,45%
4,27%
0,61%
 -    %
 -    %

Environment
Internal market
Health, consumer protection
Enterprise
Taxation, Customs union
Energy and Transport
Employment, Social affairs
Eurostat
Justice, Home affairs
Agriculture

Number of directives

Number of directives
(deadline for transposal in 2002)
101
9
10
47
16
4
11
1
1
1
1

8,91%
9,90%
46,53%
15,84%
3,96%
10,89%
0,99%
0,99%
0,99%
0,99%

1.4.1. Cases opened by Commission on own initiative in 2002, by sector

Legal service
0,63%

Information society
6,88%

Fisheries
6,25%

Eurostat
0,63%

Budget
2.52%

Education and culture 0,63%
Economic and financial affairs
0,63%

Environment
44,38%

Competition
Justice, Home affairs
0,31%
Agriculture
0,94%
0,94%

Employment, Social affairs
3,44%

Energy and Transport
4,06%

Taxation, Customs union
6,56%

Enterprise
1,88%
Health, consumer protection
0,63%

Internal market
18,13%

1.4.2. Complaints received in 2002, by sector

Information society
0,77%

Competition
1,47%

Justice, Home affairs
1,47%

Agriculture
3,21%

Regional policy
0.91%

Education and culture
0.49%

Employment, Social affairs
6,22%

Energy and Transport
1,96%

Taxation, Customs union
8,53%

Enterprise
1,54%

Health, consumer protection
8,60%

Internal market
24,74%

Environment
38,36%

1.4.3. Cases opened in 2002 for failure to notify, by sector

Eurostat
0,99%

Employment, Social affairs
4,61%

Energy and Transport
9,72%

Taxation, Customs union
4,45%

Environment
9,39%

Internal market
8,40%

Enterprise
28,34%

Health, consumer protection
34,10%

ANNEX II

Infringement proceedings - breakdown by stage reached,
legal basis, Member State and sector

Table 2.1.
Infringements for which proceedings were commenced, by stage and Member State

             Formal  notice

Reason opinions

            Referrals to Court

Member States

1998

1999

2000

2001

2002

1998

1999

2000

2001

2002

1998

1999

2000

2001

2002

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

88

40

88

95

78

121

63

110

62

28

76

80

52

54

66

80

46

84

88

72

86

67

85

65

68

85

87

44

57

61

92

54

92

115

93

110

91

118

78

64

85

120

63

72

70

87

38

73

83

65

74

80

96

50

53

80

73

61

58

79

59

40

91

76

84

83

71

98

46

54

63

75

53

50

52

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

34

7

40

35

32

43

27

50

40

16

33

46

14

13

30

44

10

39

71

37

50

50

53

33

25

44

38

16

14

45

40

10

42

43

33

53

34

54

23

10

42

40

23

12

28

20

1

5

16

6

23

10

16

11

3

4

5

1

1

1

15

1

9

14

7

35

15

32

18

1

9

13

0

1

8

5

0

11

23

8

27

17

24

16

12

8

10

4

3

4

13

2

12

16

14

22

13

22

10

5

7

7

2

3

14

8

2

16

17

11

31

9

23

12

7

15

10

1

2

16

Total

1101 1075 1317 1050 995

675

460

460

569

487

123

178

172

162

180

Total

Failure to
notify

1998
Directives
Non-

Incorrect
conformity application

Total

Treaties,
Regulations,
Decisions

Failure to
notify

1999
Directives
Non-

Incorrect
conformity application

Total

Treaties,
Regulations,
Decisions

Failure to
notify

2000
Directives
Non-

Incorrect
conformity application

Treaties,
Regulations,
Decisions

Total

2001
Directives
Non-

Incorrect
conformity application

Treaties,
Regulations,
Decisions

Failure to
notify

Total

2002
Directives
Non-

Incorrect
conformity application

Treaties,
Regulations,
Decisions

Failure to
notify

Table 2.2. Infringements for which proceedings have been commenced, by Member State, stage and legal basis

I

F

E

B

D

EL

DK

IRL

FN 88
RO 78
Ref
20
FN 40
RO 10
Ref
1
FN 88
RO 46
Ref
5
FN 95
RO 51
Ref
16
FN 78
RO 36
Ref
6
FN 121
RO 94
Ref
23
FN 63
RO 46
Ref
10
FN 110
RO 91
Ref
16
FN 62
RO 39
Ref
11
FN 28
RO 23
Ref
3
FN 76
RO 38
Ref
4
FN 80
RO 57
Ref
5
FN 52
RO 16
Ref
1
FN 54
RO 15
Ref
1
FN 66
RO 35
Ref
1
FN 1101
TOTAL RO 675
Ref 123

FIN

UK

NL

A

S

P

L

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
43
25
1
53
37
0
29
8
0
34
8
0
39
22
0
615
384
60

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
3
0
5
5
0
7
1
0
7
2
0
12
6
0
107
59
5

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
11
6
2
12
10
2
9
6
0
6
2
0
9
3
0
201
119
31

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
8
4
1
10
5
3
7
1
1
7
3
1
6
4
1
178
113
27

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
85
37
9
87
50
13
44
5
0
57
14
1
61
33
8
1075
460
178

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
49
24
7
63
37
7
36
0
0
44
7
0
46
21
5
706
260
95

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
12
4
2
4
4
3
2
3
0
6
4
1
2
4
1
78
68
29

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
7
5
0
12
5
2
3
2
0
5
2
0
7
5
0
155
88
24

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
17
4
0
8
4
1
3
0
0
2
1
0
6
3
2
136
44
30

92
34
5
54
7
0
92
40
11
115
35
23
93
32
8
110
43
27
91
27
17
118
50
24
78
40
16
64
16
12
85
33
8
120
46
10
63
14
4
72
13
3
70
30
4
1317
460
172

64
14
3
45
1
0
51
20
4
89
24
18
46
10
2
64
20
11
69
17
13
61
24
6
67
24
13
44
8
9
61
15
5
97
31
8
57
8
0
56
8
2
54
19
1
925
243
95

6
6
1
2
3
0
7
4
2
4
2
1
4
1
1
8
6
5
0
2
1
15
4
5
1
7
0
3
2
1
13
6
1
3
4
0
2
3
0
3
4
0
5
1
0
76
55
18

11
8
1
3
1
0
23
11
4
10
5
2
31
14
3
17
3
6
20
6
2
30
17
6
6
6
3
13
3
2
9
3
0
16
10
0
3
1
4
3
1
1
7
8
2
202
97
36

11
6
0
4
2
0
11
5
1
12
4
2
12
7
2
21
14
5
2
2
1
12
5
7
4
3
0
4
3
0
2
9
2
4
1
2
1
2
0
10
0
0
4
2
1
114
65
23

87
44
13
38
10
2
73
39
12
83
71
16
65
37
14
74
50
22
80
50
13
96
53
22
50
33
10
53
25
5
80
44
7
73
38
7
61
16
2
58
14
3
79
45
14
1050
569
162

44
25
6
28
3
0
44
22
4
50
54
12
30
16
6
36
21
12
42
31
10
44
23
8
37
25
3
41
15
0
47
26
3
49
24
4
41
12
2
36
5
1
46
32
11
615
334
82

1
7
4
2
2
0
0
4
4
3
1
1
2
4
0
7
4
3
2
2
1
6
8
5
4
2
2
2
2
2
13
11
3
2
1
0
10
3
0
5
1
2
3
4
1
62
56
28

23
7
3
3
4
1
24
9
4
18
8
3
27
14
7
21
13
5
24
13
2
31
17
5
3
4
3
5
7
0
13
6
0
14
10
3
3
1
0
7
5
0
23
7
1
239
125
37

19
5
0
5
1
1
5
4
0
12
8
0
6
3
1
10
12
2
12
4
0
15
5
4
6
2
2
5
1
3
7
1
1
8
3
0
7
0
0
10
3
0
7
2
1
134
54
15

59
40
8
40
10
2
91
42
16
76
43
17
84
33
11
83
53
31
71
34
9
98
54
23
46
23
12
54
10
7
63
42
15
75
40
10
53
23
2
50
12
1
52
28
16
995
487
180

34
17
4
30
3

52
23
7
47
27
8
32
10
7
50
27
11
47
24
4
45
27
9
36
19
9
31
8
1
43
25
7
54
29
5
40
11

35
4

1

1
1

4
4

4
1

6
6
1
8
9
2

2
7
3
6
2
1
2
2

1
3
6
6
3

2
1
8

2
5

12
11
3
4
2

17
7
6
19
13
6
39
15
2
14
9
16
21
7
2
34
15
6
5
1
1
11
1
1
9
4
2
12
7
3
8
3
1
7
2

38
16
10
614
270
82

3
2
3
47
46
25

7
10
3
219
107
52

12
12
1
5
4
2
18
8
3
6
2
3
7
2
1
11
8
2
3
3
1
12
9
2
3
2

10
1
4
8
7

6
4

4
1
1
6
1
1
4

115
64
21

Formal notice

FN
RO Reasoned opinion
Ref

Referral to Court

Table 2.2.1. Letters of formal notice sent in 2002 
by legal basis and Member State (chart)

38

35

40

54

3

7

4

2

7

6

1

8

3

12

4

6

43

3

9

8

31

2

11

10

36

2

5

3

45

7

34

12

47

50

21

3

8

14

11

32

6

39

47

4

19

7

6

52

34

4

17

18

30

1

4

5

1

12

12

UK

S

FIN

P

A

NL

L

I

IRL

F

E

EL

D

DK

B

0%

20%

40%

60%

80%

100%

Directives: failure to notify Directives: non-conformity Directives: incorrect application

Treaties,Regulations and Decisions

Table 2.2.2. Reasoned opinions sent in 2002 
by legal basis and Member State (chart)

16

2

10

4

5

2

1

11

8

3

1

29

7

25

6

4

7

4

1

1

8

19

1

1

2

3

15

9

24

7

3

9

9

8

27

27

10

6

15

27

23

1

13

4

7

8

2

2

3

1

2

4

17

11

12

UK

S

FIN

P

A

NL

L

I

IRL

F

E

EL

D

DK

B

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Directives: failure to notify Directives: non-conformity Directives: incorrect application

Treaties,Regulations and Decisions

Table 2.2.3. Cases referred to the Court of Justice in 2002 
by legal base and Member State (chart)

10

3

3

1

5

7

1

1

1

9

9

4

11

2

7

8

7

1

2

6

2

1

2

3

6

2

4

6

2

2

2

1

2

1

2

1

3

3

16

1

6

6

4

3

1

0%

20%

40%

60%

80%

100%

UK

S

FIN

P

A

NL

L

I

IRL

F

E

EL

D

DK

B

Directives: failure to notify Directives: non-conformity Directives: incorrect application

Treaties,Regulations and Decisions

Table 2.3. Cases in motion: stage of procedure at 31/12/2002, by Member State

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

Total
3541
191
76
414
275
526
385
219
423
90
156
179
182
102
100
223

5,39%
2,15%
11,69%
7,77%
14,85%
10,87%
6,18%
11,95%
2,54%
4,41%
5,06%
5,14%
2,88%
2,82%
6,30%

(1)
1695
132
40
154
130
148
199
103
192
72
87
121
111
57
50
99

(2)
47,87%
69,11%
7,79%
52,63%
2,36%
37,20%
9,09%
47,27%
7,67%
28,14%
8,73%
11,74% 51,69%
6,08%
47,03%
11,33% 45,39%
80,00%
4,25%
55,77%
5,13%
67,60%
7,14%
60,99%
6,55%
55,88%
3,36%
50,00%
2,95%
44,39%
5,84%

(3)
1000
82
19
92
78
79
141
59
114
46
34
75
64
29
21
67

(4)
28,24%
42,93%
8,20%
25,00%
1,90%
22,22%
9,20%
28,36%
7,80%
15,02%
7,90%
14,10% 36,62%
5,90%
26,94%
11,40% 26,95%
51,11%
4,60%
21,79%
3,40%
41,90%
7,50%
35,16%
6,40%
28,43%
2,90%
21,00%
2,10%
30,04%
6,70%

(5)
361
20
4
32
32
26
63
20
51
20
15
18
16
7
3
34

(6)
10,19%
10,47%
5,54%
5,26%
1,11%
7,73%
8,86%
11,64%
8,86%
4,94%
7,20%
17,45% 16,36%
5,54%
9,13%
14,13% 12,06%
22,22%
5,54%
9,62%
4,16%
10,06%
4,99%
8,79%
4,43%
6,86%
1,94%
3,00%
0,83%
15,25%
9,42%

(7)
62
6
0
3
9
3
10
4
12
5
1
2
2
1
1
3

(1) = cases in motion on 31.12.2001 for which proceedings have been commenced and percentages of the total number of cases.
(2) = cases for which infringement proceedings have been commenced as a percentage of all cases concerning that Member State in motion on 31.12.2002.
(3) = cases for which a reasoned opinion has been sent and percentages of total cases.
(4) = cases for which reasoned opinions have been sent as a percentage of all cases concerning that Member State in motion on 31.12.2002.
(5) = cases which have been referred to the Court of Justice and percentages of total cases.
(6) = cases which have been referred to the Court of Justice as a percentage of all cases concerning that Member State in motion on 31.12.2002.
(7) = cases for which Article 228 proceedings have been commenced.

Table 2.3.1. Cases on motion on 31/12/2002 in which infringement proceedings have been 
commenced, by Member State (chart)

250

200

150

100

50

0

199

192

154

148

132

130

40

103

99

121

111

87

72

57

50

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

Table 2.3.2. Cases in motion on 31/12/2002 for which a reasoned opinion has been set, by Member 
State (chart)

160

140

120

100

80

60

40

20

0

141

114

92

82

78

79

75

64

67

59

46

34

19

29

21

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

Table 2.3.3. Referrals in motion on 31/12/2002, by Member State (chart)

63

51

32

32

26

20

20

20

4

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

18

16

15

7

34

3

S

UK

70

60

50

40

30

20

10

0

Table 2.3.4. Cases in motion at 31/12/2002 for which Article 228 proceedings are running, by Member 
State (chart)

14

12

10

8

6

4

2

0

6

B

0

DK

12

10

9

5

4

3

3

2

2

1

1

D

EL

E

F

IRL

I

L

NL

A

P

FIN

3

UK

1

S

Table 2.4. Cases in motion at 31/12/2002, by sector

Total:

Environment
Internal market
Agriculture
Enterprise
Employment, Social affairs
Taxation, Customs union
Energy and Transport
Competition
Information society

Health, consumer protection

Fisheries
Economic and financial affairs
Budget
Education, Culture, Audiovisual
Administration
Enlargement
Regional policies
Justice, Home affairs
Legal service
Eurostat

OLAF
Secretariat-General

total
3541
1378
749
78
185
210
238
123
53
62
263
55
29
26
26
3
5
12
34
6
4
1
1

(1)
1695
505
374
27
151
106
114
89
15
42
158
41
15
25
11
0
0
1
18
0
3
0
0

(2)
47,87%
29,79% 36,65%
22,06% 49,93%
34,62%
1,59%
81,62%
8,91%
50,48%
6,25%
47,90%
6,73%
72,36%
5,25%
28,30%
0,88%
67,74%
2,48%
60,08%
9,32%
74,55%
2,42%
51,72%
0,88%
96,15%
1,47%
42,31%
0,65%
0,00%
0,00%
0,00%
0,00%
8,33%
0,06%
52,94%
ANNEX II
0,00%
0,00%
75,00%
0,18%
0,00%
0,00%
0,00%
0,00%

(3)
1000
323
219
22
58
63
63
63
12
29
98
17
8
12
3
0
0
1
9
0
0
0
0

(4)
28,24%
32,30% 23,44%
21,90% 29,24%
28,21%
2,20%
31,35%
5,80%
30,00%
6,30%
26,47%
6,30%
51,22%
6,30%
22,64%
1,20%
46,77%
2,90%
37,26%
9,80%
30,91%
1,70%
27,59%
0,80%
46,15%
1,20%
11,54%
0,30%
0,00%
0,00%
0,00%
0,00%
8,33%
0,10%
26,47%
0,90%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%

38,92%
21,15%
2,20%
5,22%
5,93%
6,72%
3,47%
1,50%
1,75%
7,43%
1,55%
0,82%
0,73%
0,73%
0,08%
0,14%
0,34%
0,96%
0,17%
0,11%
0,03%
0,03%

(5)
361
149
67
15
9
18
21
26
3
7
26
8
5
5
0
0
0
0
2
0
0
0
0

(6)
10,19%
41,27% 10,81%
8,95%
18,56%
19,23%
4,16%
4,86%
2,49%
8,57%
4,99%
8,82%
5,82%
21,14%
7,20%
5,66%
0,83%
11,29%
1,94%
9,89%
7,20%
14,55%
2,22%
17,24%
1,39%
19,23%
1,39%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%
5,88%
0,55%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%
0,00%

(7)
62
33
8
0
1
4
4
4
1
0
6
1
0
0
0
0
0
0
0
0
0
0
0

(1) = cases in motion on 31.12.2001 for which proceedings have been commenced and percentages of the total number of cases.

(2) = cases for which infringement proceedings have been commenced as a percentage of all cases concerning that Member State in motion on 31.12.2002.

(3) = cases for which a reasoned opinion has been sent and percentages of total cases.

(4) = cases for which reasoned opinions have been sent as a percentage of all cases concerning that Member State in motion on 31.12.2002.

(5) = cases which have been referred to the Court of Justice and percentages of total cases.

(6) = cases which have been referred to the Court of Justice as a percentage of all cases concerning that Member State in motion on 31.12.2002.

(7) = cases for which Article 228 proceedings have been commenced.

Tableau 2.4.1. Cases in motion on 31.12.2002 for which infringement proceedings have been 
commenced, by sector

505

374

600

500

400

300

200

100

0

151

106

114

89

158

27

42

41

15

15

25

11

0

0

1

18

0

3

Environment
Internal market

Agriculture

Enterprise

Information society
Energy and Transport
Employment, Social affairs
Health, consumer protection
Competition
Taxation, Customs union

Fisheries

Economic and financial affairs

Education, Culture, Audiovisual

Budget

Administration

Regional policies
Legal service
Enlargement
Justice, Home affairs

Eurostat

Tableau 2.4.2. Cases in motion on 31.12.2002 for which a reasoned opinion has been sent, by sector 
(chart)

323

219

350

300

250

200

150

100

50

0

98

58

63

63

63

22

29

12

17

8

12

3

0

0

1

9

0

Environment

Internal market

Agriculture

Enterprise

Information society
Energy and Transport
Employment, Social affairs
Health, consumer protection
Competition
Taxation, Customs union

Budget

Fisheries

Economic and financial affairs

Education, Culture, Audiovisual

Administration

Regional policies
Legal service
Enlargement
Justice, Home affairs

Tableau 2.4.3 Cases in motion on 31.12.2002 which have been referred to the Court of Justice, by 
sector (chart)

149

67

160

140

120

100

80

60

40

20

0

15

9

18

21

26

26

7

3

8

5

5

0

0

0

0

2

0

Environment

Internal market

Agriculture

Enterprise

Information society
Energy and Transport
Employment, Social affairs
Health, consumer protection
Competition
Taxation, Customs union

Budget

Fisheries

Economic and financial affairs

Education, Culture, Audiovisual

Administration

Regional policies
Legal service
Enlargement
Justice, Home affairs

Tableau 2.4.4. Cases in motion on 31.12.2002 for which Article 228 proceedings are in motion, by 
sector (chart)

33

35

30

25

20

15

10

5

0

8

4

4

4

1

0

Environment

Internal market

Enterprise

Employment,
Social affairs

Taxation,
Customs union

Energy and
Transport

Information
society

6

Health,
consumer
protection

1

Fisheries

Table 2.5. Termination decisions adopted in 2002.

by stage

failure to notify

other than
failure to notify

before formal notice
before reasoned opinion
before decision to refer to Court of Justice
before application registered
cases withdrawn 
before formal notice sent under Article 228
before reasoned opinion sent under Article 228 
before decision for second referral
before application registered in second referral
withdrawal of second referral
TOTAL

800
540
142
103
69
48
14
7
1
0
1724

46,40%
31,32%
8,24%
5,97%
4,00%
2,78%
0,81%
0,41%
0,06%
0,00%

6
369
84
65
49
19
5
2
1
0
600

1,00%
61,50%
14,00%
10,83%
8,17%
3,17%
0,83%
0,33%
0,17%
0,00%

794
171
58
38
20
29
9
5
0
0
1124

70,64%
15,21%
5,16%
3,38%
1,78%
2,58%
0,80%
0,44%
0,00%
0,00%

Table 2.5.1. Termination decisions taken in 2002, by stage (chart)

before reasoned opinion sent 
under Article 228 

before formal notice sent 
under Article 228

before decision for second 
referral

before application registered 
in second referral

withdrawal of second referral

cases withdrawn 

before application registered

before decision to refer to 
Court of Justice

before formal notice

before reasoned opinion

ANNEX II

Table 2.5.2. Cases for failure to notify terminated in 2002, by stage

before decision for second 
referral

before reasoned opinion 
sent under Article 228 

before application 
registered in second 
referral

withdrawal of second 
referral

before formal notice

before formal notice sent 
under Article 228

cases withdrawn 

before application 
registered

before decision to refer to 
Court of Justice

before reasoned opinion

ANNEX II

Table 2.5.3. Cases other than failure to notify terminated in 2002,
by stage

before formal notice sent 
under Article 228

before reasoned opinion 
sent under Article 228 

before decision for second 
referral

before application registered 
in second referral

cases withdrawn 

withdrawal of second referral

before application registered

before decision to refer to 
Court of Justice

before reasoned opinion

ANNEX II

before formal notice

Table 2.6. Trend of termination decisions

Year

2002
2001
2000

1999

1998

1997

1996

Total termination 
decisions

Termination of infringement  
proceedings already opened

1724
1915
1899

1900

1961

2112

1483

927
1133
1165

1138

1282

1494

670

ANNEX III

Infringements of Treaties, Regulations and Decisions

AGRICULTURE

Year/Number:
Member State:
Title:
Legal bases
Ref. to Court - Case C-1995/265 – Judgment given on 9.12.1997

:
: FRANCE
: BARRIERS TO IMPORTS OF SPANISH STRAWBERRIES
: EEC Treaty 157E030

1994/4466

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

1997/2227

:
: SPAIN
:
: Regulation 31992R3950; Regulation 31993R536
:

7.5.1998 SG(1998)D/03614

INCORRECT APPLICATION OF MILK QUOTAS SCHEME

Year/Number:
Member State: 
Title:
Legal bases
Suppl. reasoned opinion sent :

1997/2228
ITALY
INCORRECT APPLICATION OF MILK QUOTAS SCHEME

:
:
:
: Regulation 31992R3950; Regulation 31993R0536
21.12.2001 SG(2001)D/260568

Year/Number:
Member State:
Title:

1999/2073

:
: GREECE
: FAILURE TO INTRODUCE THE INTEGRATED ADMINISTRATION AND 

Legal bases
Referral to Court – Case C- 2002/328

CONTROL SYSTEM
: Regulation 31992R3508

Year/Number:
Member State:
Title:
Legal bases

:
2001/2104
: PORTUGAL
:
: EEC Treaty 157E171; EC Treaty 197A010; Regulation 1988R4253;

LEVIES CHARGED ON STRUCTURAL FUNDS

Regulation 1993R2082; Regulation 31999R1260

Reasoned opinion sent

15.11.2002 SG(2002)D/220940

Year/Number:
Member State: 
Title:
Legal bases 
Reasoned opinion sent

2001/2169

:
: FRANCE
: REFERENCE QUANTITIES FOR BANANA IMPORTS
: Regulation 32001R896
:

22.11.2001 SG(2001)D/260498

BUDGET

Year/Number: 
Member State:
Title:

1998/2323

:
: NETHERLANDS
: COMMUNITY TRANSIT - FAILURE TO OBSERVE STATUTORY 

DEADLINE

Legal bases
Referral to Court – Case C-2001/460

: Regulation 31989R1552; Decision 31994D0728; Regulation 32000R1150

Year/Number:
Member State:
Title:

1999/2226

:
: SPAIN
: A POSTERIORI RECOVERY, AMOUNTS MADE AVAILABLE LATE 

Legal bases
Referral suspended:

: Regulation 31989R1552; Regulation 32000R1150
: Decision of 17.12.2002

REGULATION 1552(89)

2

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2002/104

1999/2227
:
: GERMANY
: TIR - LATE ESTABLISHMENT OF ENTITLEMENTS
: Regulation 31989R1552; Regulation 31993R2454 ;Regulation 32000R1150

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral to Court – Case C-2002/105

:
1999/2228
: GERMANY
: ACCOUNTING TREATMENT OF TIR GUARANTEES
: Regulation 31989R1552; Regulation 32000R1150

Year/Number: 
Member State: 
Title:
Legal bases 
Referral to Court – Case C-2002/392

2000/2115
:
: DENMARK
: ADMINISTRATIVE MISTAKE; LIABILITY TO PAY
: Regulation 31989R1552; Decision 31994D0728; Regulation 32000R1150

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

Year/Number:
Member State:
Title:

2000/2201
PORTUGAL

:
:
: REFUSAL TO MAKE OWN RESOURCES AVAILABLE
: Regulation 31989R1552; Decision 31994D728
:

19.12.2002 SG(2002)D/220961

2000/2204

:
: FRANCE
: REFUSAL TO REIMBURSE VAT TO THE COMMISSION FOR ITS 

PURCHASES FOR OFFICIAL PURPOSES

Legal bases
Terminated in 2002

:

Year/Number:
Member State: 
Title:
Legal bases

:
2001/2087
: DENMARK
:
:

Reasoned opinion sent

:

SPECIFIC DESTINATION OF CONTAINERS
EEC Treaty 157E171; Regulation 31987R2658; Regulation 31989R1552;
Regulation 31992R2913; Regulation 31993R2543
31.10.2002 SG(2002)D/220911

Year/Number:
Member State:
Title:
Legal bases
Referral to Court

Year/Number:
Member State:
Title:
Legal bases

Referral to Court

2001/2103
BELGIUM
INSTALMENT PAYMENTS
EEC Treaty 157E171; Regulation 3200 R1150

:
:
:
:
: Decision of 17.12.2002

:
:
:
:

2001/2191
BELGIUM
ANOMALIES TIR 96-0-1
EEC Treaty 157E10; EEC Treaty 157E171; Regulation 31150R6 10;
Decision 39472D8
: Decision of 17.12.2002

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
:
:
:
:

2001/2222
BELGIUM
ANOMALIES EXTERNAL TIR 97-0-1
EEC Treaty 157E171; Decision 31994D728; Regulation 32000R1150
28.10.2002 SG(2002)D/220896

3

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

2002/2168

:
: NETHERLANDS
:
LIABILITY TO PAY – LIMITATION PERIODS
: Regulation 31989R1552; Decision 31994D0728
:

19.12.2002 SG(2002)D/221159

COMPETITION

Year/Number:
Member State:
Title:

Legal bases
Terminated in 2002

:
1999/2129
: PORTUGAL
: DISCOUNTS ON LANDING CHARGES AT PORTUGUESE AIRPORTS 

- DECISION ART. 86(3)

: EC Treaty 197A249; Decision 31992D0199

Year/Number:
Member State:
Title:
Legal bases
Article 228 reasoned opinion sent: 18.7.2002 SG(2002)D/220640

:
:
: MARIBEL BIS/TER  AID SCHEME - (JUDGMENT IN CASE C-378/98)
:

EEC Treaty 157E171; Judgment 61998J0378

2001/2271
BELGIUM

EDUCATION AND CULTURE

Year/Number:
Member State:
Title:

:
1998/2308
: AUSTRIA
: DISCRIMINATION IN ACCESS TO AUSTRIAN UNIVERSITIES 

FOR COMMUNITY STUDENTS

Legal bases
Referral to Court

: EC Treaty 197A012; EC Treaty 197A149; EC Treaty 197A150
: Decision of 17.12.2002

Year/Number:
Member State:
Title:

:
1999/4020
: BELGIUM
: DISCRIMINATION IN ACCESS TO UNIVERSITY STUDIES 

Legal bases
Referral to Court

: EC Treaty 197A012; EC Treaty 197A149; EC Treaty 197A150
: Decision of 17.12.2002

FOR STUDENTS HOLDING FRENCH SCHOOL-LEAVING CERTIFICATE

ECONOMIC AND FINANCIAL AFFAIRS

Year/Number:
Member State:
Title:
Legal bases

:
1995/4372
: AUSTRIA
: FREE MOVEMENT OF CAPITAL - RIGHT OF RESIDENCE
: EEC Treaty 157A073; EC Treaty 197A039; EC Treaty 197A043; EC Treaty 

Reasoned opinion sent

:

197A048; EC Treaty 197A049; EC Treaty 197A056
29.5.1998 SG(1998)D/04257

Year/Number:
Member State:
Title:

1998/2288

:
: UNITED KINGDOM
: PRIVATISATION - SPECIAL SHARE IN BRITISH AIRPORTS' AUTHORITY

PLC.

Legal bases
Treaty 
Referral to Court – Case C-2001/098

197A056

: EEC Treaty 157E052; EEC Treaty 157E073; EC Treaty 197A043; EC

4

 
Year/Number:
Member State:
Title:
Legal bases
Treaty 
Referral to Court – Case C-2000/463

197A056

1998/2289

:
: SPAIN
: PRIVATISATION - SPECIAL POWERS IN PRIVATISED COMPANIES
: EEC Treaty 157E052; EEC Treaty 157E073; EC Treaty 197A043; EC

Year/Number:
Member State:
Title:

1998/4083

:
: FRANCE
: FAILURE TO OBSERVE THE PROPORTIONALITY PRINCIPLE IN 

THE APPLICATION OF A CUSTOMS PENALTY

Legal bases
Referral suspended:

: EEC Treaty 157A073; EC Treaty 197A056
: Decision of 26.6.2002

Year/Number: 
Member State: 
Title:

Legal bases
Referral suspended:

:
2000/2064
: BELGIUM
: RESTRICTIONS ON INVESTMENT ACTIVITIES OF PENSION 

ENDOWMENT FUNDS

: EC Treaty 197A056
: Decision of 17.12.2002

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

2001/4050
:
: AUSTRIA
: BANKS - LIQUIDITY RESERVE
: EEC Treaty 157A171; EC Treaty 197A056
:

07.11.2002 SG(2002)D/220925

EMPLOYMENT AND SOCIAL AFFAIRS

Year/Number:
Member State: 
Title: 

Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases

1993/4947

:
: FRANCE
: FRONTIER WORKERS - APPLICATION OF GENERAL SOCIAL 

SECURITY CONTRIBUTION

: EEC Treaty 157E048; EEC Treaty 157E051; Regulation 31971R1408

1996/2208
ITALY

:
:
: DISCRIMINATION AGAINST FOREIGN-LANGUAGE ASSISTANTS
: EC Treaty 197A010; EC Treaty 197A039; Regulation 31968R1612

Article 228 formal notice sent  31.1.2002 SG(2002)D/220030

Judgment 61999J0212

Year/Number:
Member State:
Title:

:
1996/4516
: DENMARK
: FRONTIER WORKERS - RESTRICTION ON USE OF CAR, INTER ALIA 

FOR BUSINESS PURPOSES

Legal bases
61993J0415
Referral to Court – Case C-2002/464

: EC Treaty 197A039; EC Treaty 197A049; Judgment 61986J0127; Judgment

Year/Number:
Member State:
Title:

Legal bases
Terminated in 2002

1996/4558

:
: FRANCE
: FRONTIER WORKERS - CONTRIBUTION TO SOCIAL DEBT 

REPAYMENT

: EEC Treaty 157E051; Regulation 31971R1408

5

Year/Number:
Member State:
Title:

Legal bases
Judgment 61996J0187
Referral suspended:

1996/4627

:
: FRANCE
: PUBLIC SERVICE-EDUCATION – RECOGNITION OF PROFESSIONAL 

EXPERIENCE – NATIONALITY DISCRIMINATION

: EC Treaty 197A039; Regulation 31968R1612; Judgment 61996J0015;

: Decision of 17.7.2002

Year/Number:
Member State:
Title:

1997/4378

:
: FRANCE
: AGGREGATION OF CIVIL-SERVICE AND PRIVATE RETIREMENT 

Legal bases
61993J0443
Reasoned opinion sent

PENSION

: EC Treaty 197A039; EC Treaty 197A042; Judgment 61992J0031; Judgment

:

28.1.1999 SG(1999)D/708

Year/Number:
Member State:
Title:

1997/4962

:
: NETHERLANDS
: CALCULATION OF PENSIONS BASED ON VOLUNTARY 

Legal bases
Suppl. Formal notice sent on: 27.2.2002 SG(2002)D/220085

: EC Treaty 197A042; Regulation 31971R1408

CONTRIBUTIONS

Year/Number:
Member State: 
Title: 

:
1998/2281
: AUSTRIA
: NON-RECOGNITION OF PUBLIC SERVICE SENIORITY IN ANOTHER 

Legal bases

: EC Treaty 197A039; Regulation 31968R1612; Judgment 61996J0015; 

Judgment 61996J0187

MEMBER STATE

Terminated in 2002

Year/Number:
Member State:
Title:

:
1998/2301
: GERMANY
: NON-RECOGNITION OF PUBLIC SERVICE SENIORITY IN ANOTHER 

MEMBER STATE

Legal bases

: EC Treaty 197A039; Regulation 31968R1612; Judgment 61996J0015; 

Suppl. Formal notice sent on: 25.4.2002 SG(2002)D/220314

Judgment 61996J0187

Year/Number:
Member State:
Title:

:
1998/2302
: BELGIUM
: NON-RECOGNITION OF PUBLIC SERVICE SENIORITY IN ANOTHER 

Legal bases

: EC Treaty 197A039; Regulation 31968R1612; Judgment 61996J0015; 

MEMBER STATE

Reasoned opinion sent

:

Judgment 61996J0187
28.2.2000 SG(2000)D/101871

Year/Number:
Member State:
Title:

1998/2303
IRELAND

:
:
: NON-RECOGNITION OF PUBLIC SERVICE SENIORITY IN ANOTHER 

Legal bases

: EC Treaty 197A039; Regulation 31968R1612; Judgment 61996J0015; 

MEMBER STATE

Suppl. Formal notice sent on: 22.7.2002 SG(2002)D/220634

Judgment 61996J0187

6

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2001/311

1998/4014

:
: NETHERLANDS
: EXPORT OF UNEMPLOYMENT BENEFITS
: EC Treaty 197A042; Regulation 31971R1408

Year/Number:
Member State:
Title:
Legal bases
Ref. to Court - Case C-2001/299 – Judgment given on 20.6.2002

:
:
: STATUTORY ENTITLEMENT TO A GUARANTEED MINIMUM INCOME
: EEC Treaty 157E052; Regulation 31968R1612

1998/4579
LUXEMBOURG

Year/Number:
Member State:
Title:
Legal bases

Referral to Court

Year/Number:
Member State:
Title: 

1998/4582
FINLAND

:
:
: USE IN FINLAND OF A CAR REGISTERED IN SWEDEN
:

EEC Treaty 157E171; EC Treaty 197039; EC Treaty 197049;
EC Treaty 197A028
: Decision of 17.12.2002

:
1998/4846
: BELGIUM
: PAYMENT OF FAMILY BENEFITS SUBJECT TO RESIDENCE 

CONDITION

Legal bases

: EEC Treaty 157E048; EEC Treaty 157E051; Regulation 31968R1612; 

Referral to Court – Case C-2002/469

Regulation 31971R1408

Year/Number:
Member State:
Title:

:
1999/4115
: AUSTRIA
: RIGHT OF NON-COMMUNITY NATIONALS TO BE ELECTED TO WORKS

Legal bases
Referral to Court – Case C-2001/465

: Regulation 31968R1612; Decision 31980D0001

COUNCILS

Year/Number:
Member State:
Title:

1999/4231
SPAIN

:
:
: REFUSAL TO RECOGNISE PROFESSIONAL EXPERIENCE GAINED 

Legal bases
Reasoned opinion sent

:
:

OUTSIDE SPAIN
EEC Treaty 157E048; EC Treaty 197A039
19.12.2002 SG(2002)D/221139

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

1999/4399

:
: FRANCE
: REIMBURSEMENT OF MEDICAL EXPENSES
: EC Treaty 197A028; EC Treaty 197A030; Judgment 61995J0120

1999/4968
IRELAND

:
:
: ACCESS TO EMPLOYMENT - PUBLIC SECTOR
: EC Treaty 197E039

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2001/465

:
1999/5307
: GERMANY
: MINIMUM WAGE
:

7

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

Year/Number:
Member State:
Title:

1999/5353
AUSTRIA

:
:
: RECOGNITION OF SENIORITY
:
:

EEC Treaty 157E171; EC Treaty 197E039
31.10.2002 SG(2002)D/220912

2000/4257
BELGIUM

:
:
: RESTRICTIONS ON FREE MOVEMENT OF PERSONS ON THE BASIS 

OF CONDITIONS FOR EARLY RETIREMENT

Legal bases
Reasoned opinion sent

: Regulation 31968R1612
:

19.12.2002 SG(2002)D/221131

Year/Number:
Member State:
Title:

2001/2071
ITALY

:
:
: REFUSAL TO RECOGNISE PROFESSIONAL EXPERIENCE (FR –

Legal bases
Reasoned opinion sent

:
:

RECRUITMENT TESTS FOR FOREIGN-LANGUAGE ( IT) TEACHERS
EC Treaty 197E039
27.6.2002 SG(2002)D/220499

ENTERPRISE

Year/Number:
Member State: 
Title:
Legal bases
Suppl. Formal notice sent on: 24/07/2002 SG(2002)D/220657

:
: GREECE
: PRICES OF MEDICINES
: EC Treaty 197A028

1995/4580

Year/Number:
Member State:
Title:

1998/4675
ITALY

:
:
: MUSEUM IN VENICE (DOGES’ PALACE) - NATIONALITY 

DISCRIMINATION

Legal bases

: EEC Treaty 157E006; EEC Treaty 157E059; EC Treaty 197A012; EC 

Referral to Court – Case C-2001/388

Treaty 197A046

ENVIRONMENT

Year/Number:
Member State:
Title:

1997/4878
ITALY

:
:
: AIR - REG. 2037/2000, SUBSTANCES THAT DEPLETE THE OZONE 

Legal bases
Referral suspended:

: Regulation 31994R3093; Regulation 32000R2037
: Decision of 17.12.2002

LAYER

Year/Number:
Member State:
Title:

1998/4423

:
: FRANCE
: NATURE - DEC. 83/101,  PROTOCOL  PROTECTION OF THE 
MEDITERRANEAN, POLLUTION IN THE ETANG DE BERRE

Legal bases
Referral to Court

: Decision 31983D0101
: Decision of 20.12.2001

8

Year/Number:
Member State:
Title:

2000/2008
FRANCE

:
:
: NATURE - SCIENTIFIC INVENTORY OF THE NATURAL HISTORY 

Legal bases
Referral to Court

Year/Number:
Member State: 
Title:
Legal bases
Referral to Court

MUSEUM
Natural
EC Treaty 197A010
:
: Decision of 17.12.2002

2000/2105

:
: UNITED KINGDOM
: RADIATION - DISPOSAL OF RADIOACTIVE WASTE - JASON REACTOR
: EAEC Treaty 157A037
: Decision of 26.6.2002

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
2000/2240
: BELGIUM
: WASTE - REG. 259/93, SHIPMENTS OF WASTE
: Regulation 31993R0259
:

27.6.2002 SG(2002)D/220487

Year/Number:
Member State:
Title:

Legal bases
Referral to Court

2001/2203
IRELAND

:
:
: AIR - DECISION 1753/2000, SPECIFIC EMISSIONS OF CO2 FROM NEW

PASSENGER CARS
: Decision 32000D1753
: Decision of 17.12.2002

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
2001/5266
: BELGIUM
: WASTE - TRANSFRONTIER  SHIPMENT  OF WASTE
: Regulation 31993R0259
:

19.12.2002 SG(2002)D/221060

Year/Number:
Member State:
Title:

:
2002/2140
: GERMANY
: AIR - REG. 2002/2037, SUBSTANCES THAT DEPLETE THE OZONE 

Legal bases
Reasoned opinion sent

: Regulation 32001R2037
:

19.12.2002 SG(2002)D/220997

LAYER
REPORTING OBLIGATIONS

Year/Number:
Member State:
Title:

2002/2142
IRELAND

:
:
: AIR - REG. 2002/2037, SUBSTANCES THAT DEPLETE THE OZONE 

Legal bases
Reasoned opinion sent

: Regulation 32001R2037
:

19.12.2002 SG(2002)D/220959

LAYER
REPORTING OBLIGATIONS

FISHERIES

Year/Number: 
Member State:
Title:

1984/0445

:
: FRANCE
: FISHERIES INCORRECT INSPECTION FOR COMPLIANCE WITH 

TECHNICAL CONSERVATION MEASURES

Legal bases

: EEC Treaty 157E171; Regulation 31982R2057; Regulation 31983R0171

9

Second Referral to Court – Case C-2002/304

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number: 
Member State: 
Title:

1990/0384

:
: SPAIN
: CONDITIONS IMPOSED ON FISHING VESSELS
: EC Treaty 197A028; EC Treaty 197A029

1990/0418

:
: FRANCE
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT - OVERFISHING 

1988

Legal bases
Ref. to Court - Case C-1999/333 – Judgment given on 01/02/2001

: Regulation 31983R0170; Regulation 31987R2241; Regulation 31987R3977

Year/Number: 
Member State:
Title: 
Legal bases 
Case processed under number 1999/2284

1992/2256

:
: SPAIN
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT
: Regulation 31983R0170; Regulation 31987R2241; Regulation 31989R4047

Year/Number:
Member State:
Title:
Legal bases
Referral to Court

Year/Number: 
Member State:
Title:

1993/2219
:
: DENMARK
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT (1990)
: Regulation 31983R0170; Regulation 31987R2241; Regulation 31989R4047
: Decision of 20.12.2001

:
1998/2255
: BELGIUM
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT - OVERFISHING 

1995 AND 1996

Legal bases

: Regulation 31983R2807; Regulation 31993R2847; Regulation 31994R3364;

Referral to Court

Year/Number:
Member State:
Title:

Regulation 31995R3074

: Decision of 17.7.2002

:
1998/2258
: PORTUGAL
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT - OVERFISHING 

1995 AND 1996

Legal bases

: Regulation 31983R2807; Regulation 31993R2847; Regulation 31994R3364;

Referral to Court

 : Decision 17.7.2002

Regulation 31995R3074

Year/Number:
Member State:
Title:

Legal bases

1998/2260
:
: FINLAND
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT - OVERFISHING 

1995 AND 1996

: Regulation 31983R2807; Regulation 31993R2847; Regulation 31994R3362;
Regulation 31994R3366; Regulation 31994R3370; Regulation 31995R3074

Referral to Court – Case C-2002/437

Year/Number:
Member State:
Title:

1998/2261
IRELAND

:
:
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT - OVERFISHING 

1995 AND 1996

Legal bases

: Regulation 31983R2807; Regulation 31993R2847; Regulation 31994R3362;

Referral to Court – Case C-2002/317

Regulation 31995R3074

10

Year/Number:
Member State:
Title:

:
1998/2262
: SWEDEN
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT - OVERFISHING 

1995 AND 1996

Legal bases

: Regulation 31983R2807; Regulation 31993R2847; Regulation 31994R3364;

Referral to Court – Case C-2002/271

Regulation 31995R3074

Year/Number:
Member State:
Title:

:
1998/2264
: DENMARK
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT - OVERFISHING 

1995 AND 1996

Legal bases

: Regulation 31983R2807; Regulation 31993R2847; Regulation 31994R3362;

Referral to Court 

Year/Number:
Member State:
Title:
Legal bases

Regulation 31995R3074

: Decision of 20.12.2001

:
1999/2283
: DENMARK
: FAILURE TO INSPECT - OVERFISHING 1997
: Regulation 31983R2807; Regulation 31993R3760; Regulation 31993R2847;

Regulation 31997R390; Regulation 31997R395;

Referral to Court

: Decision of 17.12.2002

Year/Number:
Member State:
Title:
Legal bases
Referral to Court

Year/Number:
Member State:
Title:
Legal bases

1999/2284

:
: SPAIN
: FAILURE TO INSPECT - OVERFISHING 1997
: Regulation 31992R3760; Regulation 31993R2847; Regulation 31997R406
: Decision of 26.6.2002

1999/2285

:
: FRANCE
: FAILURE TO INSPECT - OVERFISHING 1997
: Regulation 31983R2807; Regulation 31993R2847; Regulation 31993R3760;

Reasoned opinion sent

:

Regulation 31997R390; Regulation 31997R394
25.4.2002 SG(2002)D/220126

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

2000/2048
ITALY

:
:
: FAILURE TO MEET DEADLINE FOR IMPLEMENTING VMA SYSTEM
: Regulation 32847R1993

2000/2049

:
: GREECE
: FAILURE TO MEET DEADLINE FOR IMPLEMENTING VMA SYSTEM
: Regulation 32847R1993
:

05.2.2001 SG(2001)D/285889

Year/Number:
Member State:
Title:
Legal bases

Reasoned opinion sent

:
2000/2175
: SWEDEN
: FAILURE TO DISCHARGE OBLIGATION TO INSPECT - OVERFISHING
: Regulation 31983R2807; Regulation 31992R3760; Regulation 31993R2847;
Regulation 31997R390; Regulation 31997R392; Regulation 31997R400
18.10.2002 SG(2002)D/220693

:

11

Year/Number:
Member State:
Title:
Legal bases

Referral to Court 

Year/Number:
Member State: 
Title: 

Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number: 
Member State: 
Title: 
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:

JUSTICE AND HOME AFFAIRS

1999/2273

:
: FRANCE
: NATIONALITY DISCRIMINATION
: EC Treaty 197A12; EC Treaty 197A17; EC Treaty 197A18; EC Treaty 

197A39;
EC Treaty 197A43
: Decision of 17.12.2002

INTERNAL MARKET

1991/0555

:
: FRANCE
: OBLIGATION TO HALLMARK IMPORTED PRODUCTS IN PRECIOUS 

METAL

: EC Treaty 197A028

1992/2085
IRELAND
IMPORTS OF OBJECTS OF PRECIOUS METALS

:
:
:
: EC Treaty 197A028

1992/2222

:
: GREECE
: STORAGE AND MARKETING OF PETROLEUM PRODUCTS
: EC Treaty 197A028

1994/2150

:
: FRANCE
: ENZYMATIC PREPARATIONS IN CERTAIN FOODSTUFFS AND 

BEVERAGES FOR HUMAN CONSUMPTION

Legal bases
Referral suspended:

: EC Treaty 197A028; EC Treaty 197A030
: Decision of 18.7.2001

Year/Number:
Member State:
Title:

1994/4075

:
: NETHERLANDS
: REFUSAL TO AUTHORISE IMPORTS OF VITAMIN- AND IRON-

Legal bases
Referral to Court – Case C-2002/041

: EC Treaty 197A028; EC Treaty 197A030

ENRICHED FOODSTUFFS

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2001/420

1994/4883
ITALY

:
:
: BARRIERS TO IMPORTS OF NON-ALCOHOLIC BEVERAGES
: EC Treaty 197A028; EC Treaty 197A030

Year/Number:
Member State:
Title:

1994/5125

:
: NETHERLANDS
: BARRIERS TO IMPORTS OF VITAMIN-ENRICHED FOODSTUFFS

12

Legal bases
Referral to Court – Case C-2002/041

: EC Treaty 197A028; EC Treaty 197A030

Year/Number:
Member State:
Title: 
Legal bases
Referral suspended:

1995/2176

:
: FRANCE
: TECHNOLOGICAL AUXILIARIES USED IN PREPARING FOODSTUFFS
: EC Treaty 197A028
: Decision of 18.7.2001

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

1996/4208

:
: FRANCE
: ENERGY DRINKS
: EC Treaty 197A028
:

26.10.1998 SG(1998)D/8993

Year/Number:
Member State:
Title:
Legal bases
Suppl. reasoned opinion sent on: 26.7.2001 SG(2001)D/290372

:
: GREECE
: BARRIERS TO THE MARKETING OF DIETARY SUPPLEMENTS
: EC Treaty 197A028

1996/4609

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2002/041

1997/2060

:
: NETHERLANDS
: RULES ON THE ADDITION OF MICRO-FOODS TO FOODSTUFFS
: EC Treaty 197A028

Year/Number:
Member State:
Title:

Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:

Legal bases
Terminated in 2002

1997/2261

:
: GREECE
:

LABELLING OF NON-ALCOHOLIC DRINKS (RECOMMENDED RETAIL 
PRICE)

: EC Treaty 197A028

1997/4239

:
: FRANCE
: SEIZURE OF SPARE PARTS IN TRANSIT - PROTECTION OF DESIGNS -

COUNTERFEITING
: EC Treaty 197A028

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2001/455

1997/4418
ITALY

:
:
: BARRIERS TO THE IMPORT OF SHIPPING EQUIPMENT
: EEC Treaty 157E030; EC Treaty 197A028

Year/Number: 
Member State:
Title:

Legal bases
Terminated in 2002

1997/4419

:
: FRANCE
: BARRIERS TO MARKETING OF SWIMMING-POOL TREATMENT 

PRODUCTS

: EC Treaty 197A028

Year/Number:

:

1997/4579

13

Member State:
Title:

ITALY

:
: BARRIERS TO IMPORTS OF SPECIAL FOODSTUFFS FOR 

Legal bases
Referral to Court – Case C-2002/270

: EC Treaty 197A028; EC Treaty 197A030

SPORTSMEN

Year/Number:
Member State:
Title:
Legal bases 
Referral to Court

Year/Number:
Member State:
Title:
Legal bases

1998/4032

:
: FRANCE
: BARRIERS TO IMPORTS OF PHARMACEUTICAL PRODUCTS
: EC Treaty 197A028
: Decision of 9.4.2002

1998/4387

:
: SPAIN
: BAN ON REGISTERING AND DRIVING A MOTORCYCLE WITH TRAILER
: EC Treaty 157A030; EC Treaty 197A018; EC Treaty 197A028;EC Treaty 

Referral to Court – Case C-2002/197

197A049

:
1997/4815
: DENMARK
:
:
:

PUBLIC PROCUREMENT - PHARMACEUTICAL SPECIALITIES
EC Treaty 197A028
31.1.2002 SG(2002)D/220070

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

Year/Number:
Member State:
Title:

:
1998/4738
: GERMANY
:

Legal bases
Reasoned opinion sent

:
:

BARRIERS TO IMPORTS OF PHARMACEUTICAL PRODUCTS
MADE IN AUSTRIA
EC Treaty 197A028
1.7.2002 SG(2002)D/220424

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

Year/Number:
Member State:
Title:
Legal bases
Referral to Court

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases

1998/5023

:
: UNITED KINGDOM
: WAITING-TIME FOR PARALLEL IMPORTS OF PESTICIDES
: EC Treaty 197A028
:

23.10.2001 SG(2001)D/260341

1998/5043

:
: FRANCE
:
: EC Treaty 197A028
: Decision of 17.7.2002

IMPORTS OF HOMEOPATHIC REMEDIES FOR PERSONAL USE

1998/5128
:
: AUSTRIA
:
: EC Treaty 197A028

IMPORT OF MEDICINES

:
1998/5130
: AUSTRIA
: RULES CONCERNING ROAD SIGNS
: EC Treaty 197A028

:
1999/4016
: DENMARK
: BARRIERS TO MARKETING OF A VITAMIN-ENRICHED DRINK
: EEC Treaty 157E030

14

Referral to Court – Case C-2001/192

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases
Referral to Court

1999/4017
IRELAND

:
:
: PARALLEL IMPORTS OF MEDICINES
: EC Treaty 197A028

1999/4056

:
: FRANCE
:
: EC Treaty 197A028
: Decision of 16.10.2002

IMPORT OF MEDICINES - COPY OF MARKETING AUTHORISATION

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2001/358

1999/4134

:
: SPAIN
: BARRIERS TO TRADE - SPANISH LEGISLATION ON LIQUID BLEACH
: EC Treaty 197A028

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
:
:
:
:

1999/4303
BELGIUM
BARRIERS TO IMPORTS OF CONSTRUCTION PRODUCTS
EC Treaty 197A028
19/12/2002 SG(2002)D/221122

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Terminated in 2002

1999/4321
:
: AUSTRIA
:
: EC Treaty 197A028

IMPORT OF MEDICINES

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
1999/4426
: SWEDEN
: PARALLEL IMPORTS OF MEDICINES
: EC Treaty 197A028
:

30/01/2001 SG(2001)D/285590

Year/Number:
Member State:
Title:
Legal bases
Referral to Court

1999/4515

:
: FRANCE
: MARKETING OF OBJECTS OF PRECIOUS METALS
: EC Treaty 197A028
: Decision of 17.12.2002

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral to Court

1999/4675
:
: BELGIUM
: REIMBURSEMENT OF EXPENSES ON MEDICAL APPLIANCES
: EC Treaty 197A028
: Decision of 16/10/2002

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Terminated in 2002

:
1999/4826
: FINLAND
:
: EC Treaty 197A028

"PLUS TABS" VITAMIN SUPPLEMENTS

15

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:

1999/5021

:
: GREECE
: MEDICAL DEVICES
: EC Treaty 197A028

1999/5257

:
: FRANCE
: REGISTRATION - RECOGNITION OF EC CERTIFICATES OF 

Legal bases
Reasoned opinion sent

CONFORMITY
: EC Treaty 197A028
:

21.12.2001 SG(2001)D/260500

Year/Number:
Member State:
Title:
Legal bases
Referral to Court

Year/Number:
Member State:
Title:

2000/2016
ITALY

:
:
: TECHNICAL SPECIFICATIONS OF CASH REGISTERS
: EC Treaty 197A028
: Decision of 17.12.2002

2000/2230

:
: SPAIN
: DENOMINATION OF "LIGHT TUNA" - NO MUTUAL RECOGNITION 

Legal bases
Reasoned opinion sent

: EAEC Treaty 157A028
:

16.5.2001 SG(2001)D/288563

CLAUSE

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

2000/2314
ITALY

:
:
: REGISTRATION OF CARS: SIMPLIFIED PROCEDURE
:
:

EC Treaty 197A028
19.12.2002 SG(2002)D/221208

2000/4091
LUXEMBOURG

:
:
: GENERAL RULES ON PRICES
: EC Treaty 197A028

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
2000/4211
: GERMANY
:
:
:

BARRIERS RELATING TO LIGHT QUADRICYCLES
EC Treaty 197A028
25.4.2002 SG(2002)D/220318

Year/Number:
Member State:
Title:

2000/4397
:
: PORTUGAL
: APPROVAL OF WASTE-WATER PIPES - FAILURE TO RECOGNISE 

CERTIFICATES ISSUED IN OTHER MEMBER STATES

Legal bases
Reasoned opinion sent

: EAEC Treaty 157A028
:

16.5.2001 SG(2001)D/288565

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
:
:
:
:

2000/4410
ITALY
BARRIERS TO PARALLEL IMPORTS OF MEDICINES
EC Treaty 197A028
1.7.2002 SG(2002)D/220568

16

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

2000/4605
IRELAND

:
:
: CERTIFICATION OF CONSTRUCTION PRODUCTS
:
:

EC Treaty 197A028
27.6.2002 SG(2002)D/220395

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
:
:
:
:

2000/4740
AUSTRIA
PROHIBITION ON MAIL-ORDER SALES OF FOOD SUPPLEMENTS
EC Treaty 197A028
18/07/2002 SG(2002)D/220622

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
2000/4806
: GERMANY
: GARLIC-BASED FOOD SUPPLEMENTS
:
:

EC Treaty 197A028
19.12.2002 SG(2002)D/221176

Year/Number:
Member State:
Title:

Legal bases
Reasoned opinion sent 

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
:
:

:
:

:
:
:
:
:

 2000/5140
BELGIUM
PROHIBITION ON SALES OF BIRDS BORN AND BRED IN
CAPTIVITY
EC Treaty 197A028
22.7.2002 SG(2002)D/220644

2000/5169
AUSTRIA
FOOD SUPPLEMENTS - ACCESS TO THE MARKET
EC Treaty 197A028
18/07/2002 SG(2002)D/220621

2001/2003
FRANCE

:
:
: USE OF LANGUAGES – FOOD
:
:

EC Treaty 197A028
18/07/2002 SG(2002)D/220632

Year/Number:
Member State:
Title:

Legal bases
Referral to Court

:
:
:

2001/2068
ITALY
SPECIAL PURPOSE FOODS –
OBLIGATION TO MARK AUTHORISATION NUMBER OF LABELS
:
EC Treaty 197A028
: Decision of 17.12.2002

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
2001/5234
: GERMANY
: CALIBRATION OF MEASURING INSTRUMENTS
:
:

EC Treaty 197A028
19.12.2002 SG(2002)D/221206

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

Year/Number:

:
:
:
:
:

:

2001/5274
ITALY
BARRIERS TO IMPORTS OF WASTE PLASTIC
EC Treaty 197A028; EC Treaty 197A029; EC Treaty 197A090
19.12.2002 SG(2002)D/221205

2002/4576

17

Member State:
Title:
Legal bases
Reasoned opinion sent

: GERMANY
:
:
 : 19.12.2002 SG(2002)D/221175

PARALLEL IMPORTS OF PESTICIDES
EC Treaty 197A028

Year/Number:                 
Member State:                  
Title:                        

1990/0388

:
: SPAIN
: RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES - TOURIST 

GUIDES

Legal bases             

: EC Treaty 197A010; EC Treaty 197A039; EC Treaty 197A043; EC Treaty 

Suppl. formal notice sent on: 27.6.2002 SG(2002)D/220483

197A049

Year/Number:
Member State:
Title:

1993/4893
:
: GERMANY
: RECOGNITION OF A BRITISH QUALIFICATION IN BADEN-

WÜRTTEMBERG

Legal bases
Referral suspended:

: EC Treaty 197A039; EC Treaty 197A043; EC Treaty 197A049
: Decision of 26.6.2002

Year/Number:        
Member State:                  
Title:                        
Legal bases             
Referral suspended:

:
1995/4302
: BELGIUM
: REFUSAL TO ADMIT TO THE ORDER OF ARCHITECTS AT LIEGE
: EC Treaty 197A043; EC Treaty 197A047
: Decision of 17.12.2002

Year/Number:                 
Member State:                  
Title:                        

1996/4407
:
: GERMANY
: AUTHORISATION FOR USE OF ACADEMIC TITLES OBTAINED IN 

Legal bases             
Reasoned opinion sent

: EC Treaty 197A039; EC Treaty 197A043
:

29.12.2000 SG(2000)D/109658

OTHER MEMBER STATES

Year/Number:
Member State:
Title:

Legal bases
Referral to Court

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

1997/4569

:
: GREECE
: PROHIBITION ON COMPANIES FROM OWNING OPTICAL EQUIPMENT 

SHOPS

: EC Treaty 197A043
: Decision of 16.10.2002

1998/4265
FRANCE

:
:
: RECOGNITION OF A SPECIALISED MEDICAL QUALIFICATION
:
:

EC Treaty 197A039; EC Treaty 197A043
09.4.2002 SG(2002)D/220274

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
:
:
:
:

1999/5352
ITALY
SPORTS BETTING SERVICE
EC Treaty 197A043; EC Treaty 197A049
18.10.2002 SG(2002)D/220710

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral to Court

:
1998/4293
: AUSTRIA
: FREEDOM OF ESTABLISHMENT FOR MEDICAL SPECIALISTS
: EC Treaty 197A039; EC Treaty 197A043
: Decision of 16.10.2002

18

Year/Number:
Member State:
Title:

1998/5041

:
: FRANCE
: APPLICATION FOR RECOGNITION OF AN ITALIAN PHARMACY 

Legal bases
Reasoned opinion sent

QUALIFICATION
: EC Treaty 197A043
:

24.1.2001 SG(2001)D/285366

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
1999/4512
: GERMANY
: SOCIAL SECURITY/MEDICAL PROFESSION
: EC Treaty 197A043
:

21.12.2001 SG(2001)D/260700

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Reasoned opinion sent

1992/4643
:
: GERMANY
: OBLIGATION TO ESTABLISH A BRANCH IN GERMANY
: EC Treaty 197A049
:

12.11.1997 SG(1997)D/09388

Year/Number:                 
Member State:                  
Title:                        

1993/2300
ITALY

:
:
: RESTRICTIONS ON EXERCISE OF ACTIVITY OF ROAD TRAFFIC 

Legal bases             
Terminated in 2002

CONSULTANTS

: EC Treaty 197A012; EC Treaty 197A043; EC Treaty 197A049

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral to Court – Case C-2002/262

:
: FRANCE
:
: EC Treaty 197A049

1994/4855

INCORRECT APPLICATION OF EVIN ACT

Year/Number:                 
Member State:                  
Title:                        

:
1994/4903
: BELGIUM
: OBLIGATION TO PAY ANNUITIES ON BELGIAN PATENTS VIA A 

Legal bases             
Terminated in 2002

BELGIAN AGENT

: EC Treaty 197A043; EC Treaty 197A049

Year/Number:
Member State:                  
Title:                        

:
:
:

1994/5095
ITALY
ITALIAN RULES ON FAIRS AND
EXHIBITIONS

Legal bases             
Ref. to Court - Case C-1999/439 – Judgment given on 15.1.2002

: EC Treaty 197A043; EC Treaty 197A049

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Terminated in 2002

1995/2068
ITALY

:
:
: DISCRIMINATORY RESTRICTIONS - PRIVATE SECURITY SERVICES
: EC Treaty 197A039; EC Treaty 197A043; EC Treaty 197A049

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. formal notice sent on: 15.9.2000 SG(2000)D/106741

:
1995/2105
: BELGIUM
: RESTRICTIONS ON PRIVATE SECURITY FIRMS
: EC Treaty 197A039; EC Treaty 197A043; EC Treaty 197A049

Year/Number:

:

1995/4291

19

Member State:
Title:
Legal bases
Referral to Court

AUSTRIA
:
FREEDOM TO PROVIDE SERVICES
:
:
EC Treaty 197A049
: Decision of 17.12.2002

Year/Number:                 
Member State:                  
Title:                        

1995/4563
:
: GERMANY
: NON-COMMUNITY NATIONALS - RESTRICTIONS ON FREEDOM TO 

Legal bases             
Referral to Court

PROVIDE SERVICES

: EC Treaty 197A049
: Decision of 20.3.2002

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral to Court

:
1995/4687
: BELGIUM
: NON-COMMUNITY WORKERS - REGISTRATION AS A FIRM
: EC Treaty 197A049
: Decision of 20.3.2002

Year/Number:
Member State:
Title:
Legal bases
Article 228 reasoned opinion sent

:
:
:
: EC Treaty 197A049
 :

1996/2246
ITALY
LEGISLATIVE BARRIERS TO BUSINESS AS CUSTOMS AGENTS

19.12.2002 SG(2002)D/221199

Year/Number:
Member State:
Title:

:
1996/4509
: GERMANY
:

TEMPORARY POSTING OF WORKERS IN THE CONTEXT OF A 
WORKING GROUP

Legal bases
Suppl. formal notice sent on: 19.12.2002 SG(2002)D/221173

EC Treaty 197A043; EC Treaty 197A049

:

Year/Number:
Member State:
Title:
Legal bases
Article 228 formal notice sent on: 19.12.2002 SG(2002)D/221191

1997/2161
ITALY
TEMPORARY EMPLOYMENT AGENCIES
EC Treaty 197A049

:
:
:
:

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral to Court

:
1997/4388
: BELGIUM
: CUSTOMER LOYALTY SCHEME
: EC Treaty 197A049
: Decision of 17.12.2002

Year/Number:
Member State:
Title:

Legal bases
Reasoned opinion sent

:
:
:

:
:

1997/4483
FRANCE
FINANCIAL ASSISTANCE FOR LANGUAGE-LEARNING TRIPS

EC TREATY 197A049;
23.10.2002 SG(2002)D/220889

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2001/478

1997/4533
LUXEMBOURG

:
:
: RESIDENCE REQUIREMENT FOR PATENT AGENTS
: EC Treaty 197A43; EC Treaty 197A49

Year/Number:
Member State:
Title:

1997/4642
:
: GERMANY
: PROVISION OF SERVICES AND TEMPORARY POSTING OF WORKERS

20

Legal bases
Referral to Court

: EC Treaty 197A049
: Decision of 26.6.2002

Year/Number:                 
Member State:                  
Title:                        

:
1998/2002
: AUSTRIA
: OBSTACLES TO FREEDOM TO PROVIDE SERVICES AND FREEDOM 

OF ESTABLISHMENT - FOREIGN PATENT AGENTS

Legal bases             
Reasoned opinion sent

: EC Treaty 197A043; EC Treaty 197A049
:

29.12.2000 SG(2000)D/109660

Year/Number:
Member State:
Title:

Legal bases
Withdrawal

1998/2003

:
: FRANCE
: OBSTACLES TO FREEDOM TO PROVIDE SERVICES - FOREIGN 

PATENT AGENTS
: EC Treaty 197049
:

26/06/2002

Year/Number:                 
Member State:                  
Title:                        

:
1998/2006
: GERMANY
: OBSTACLES TO FREEDOM TO PROVIDE SERVICES AND FREEDOM 

Legal bases             
Terminated in 2002

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Reasoned opinion sent

OF ESTABLISHMENT - FOREIGN PATENT AGENTS

: EC Treaty 197043 ; EC Treaty 197049

1998/2011

:
: FRANCE
: ACTIVITIES OF PERFORMERS' AGENTS
: EC Treaty 197A043; EC Treaty 197A049
:

26.1.2000 SG(2000)D/100908

Year/Number:                 
Member State:                  
Title:                        

1998/2040
IRELAND

:
:
: OBSTACLES TO FREEDOM TO PROVIDE SERVICES - FOREIGN 

Legal bases             
Suppl. reasoned opinion sent on: 12.7.2002 SG(2002)D/220587

PATENT AGENTS
: EC Treaty 197A049

Year/Number:
Member State:
Title:

1998/2055
ITALY

:
:
: OBSTACLES TO FREEDOM TO PROVIDE SERVICES - FOREIGN 

Legal bases
Referral to Court – Case C-2001/131

PATENT AGENTS
: EC Treaty 1970049

Year/Number:
Member State:
Title:

Legal bases
Referral to Court

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Reasoned opinion sent

:
:
:

:
:

1998/2146
LUXEMBOURG
TEMPORARY POSTING OF NON-COMMUNITY STAFF BY A 
COMMUNITY FIRM

EC Treaty 197A010; EC Treaty 197A049
 Decision of 17.12.2002

1998/4137
:
: BELGIUM
:
: EC Treaty 197A049
:

26.5.1999 SG(1999)D/09388

LOCAL TAX ON SATELLITE DISHES

Year/Number:
Member State:

1998/5097

:
: FRANCE

21

Title:

: CONDITIONS FOR THE ESTABLISHMENT OF A LABORATORY 

Legal bases
Referral to Court – Case C-2001/496

: EC Treaty 197A043; EC Treaty 197A049; EC Treaty 197A10

ENGAGING IN CROSS-BORDER ACTIVITIES

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
197A06
Referral to Court

Year/Number:
Member State: 
Title:
Legal bases
Reasoned opinion sent

Year/Number:
Member State:
Title:

1999/4064
:
: AUSTRIA
: PRINCIPLE OF EQUALITY IN HOSPITAL TREATMENT
: EC Treaty 197A039; EC Treaty 197A049; EC Treaty 197A050; EC Treaty

: Decision of 20.12.2001

1999/4511

:
: FRANCE
: COAL-MINING CONCESSION
: EC Treaty 197A043
:

3.10.2001 SG(2001)D/260280

1999/4615
ITALY

:
:
: PARTICIPATION OF ENGINEERING CONSULTANCIES IN CERTAIN 

CATEGORIES OF INVITATIONS TO TENDER

Legal bases
Referral suspended:

: EC Treaty 197049
: Decision of 17.12.2002

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

1999/5057
AUSTRIA

:
:
: ORGANIC AGRICULTURE CONTROL BODIES
EC Treaty 197049; Regulation 3199R2092
:
23.10.2002 SG(2002)D/220890
:

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

1999/5344
BELGIUM

:
:
: RULES APPLICABLE TO CLINICAL BIOLOGY LABORATORIES
EC Treaty 197A043; EC Treaty 197A082. EC Treaty 197A086
:
22.07.2002 SG(2002)D/220647
:

Year/Number:
Member State:
Title:

:
2000/2181
: GERMANY
: ORGANIC AGRICULTURE CONTROL BODIES – HEADQUARTERS 

Legal bases
Reasoned opinion sent

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
:

:
:
:
:
:

REQUIREMENTS
EC Treaty 197A049; Regulation 31991R2092
23.10.2002 SG(2002)D/220892

2000/4110
BELGIUM
FREEDOM TO PROVIDE SERVICES - TEMPORARY EMPLOYMENT
EC Treaty 197A049
23.9.2002 SG(2002)D/220675

Year/Number:
Member State:
Title:
Legal bases
Referral to Court

Year/Number:
Member State:
Title:
Legal bases

2000/4697
ITALY

:
:
: COURT OF JUSTICE - COMMUNITY TRADE MARK
: Regulation 31994R040
: Decision of 26.6.2002

2000/4701
SPAIN

:
:
: COURT OF JUSTICE - COMMUNITY TRADE MARK
: Regulation 31994R040

22

Referral to Court

: Decision of 26.6.2002

Year/Number:
Member State:
Title:

:
:
:

1997/2047
IRELAND
FAILURE TO RATIFY PARIS ACT (1971) (BERN CONVENTION)

Legal bases
Suppl. formal notice sent on: 18.10.2002 SG(2002)D/220831

EC Treaty 197A300

:

Year/Number:                 
Member State:                  
Title:                        

1998/4114
:
: GERMANY
: FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE 

Legal bases             
Suppl. reasoned opinion sent on: 30.10.2002 SG(2002)D/220895

: EC Treaty 197A043; EC Treaty 197A049

SERVICES

Year/Number:                 
Member State:                 
Title:                       
Legal bases             
Case processed under number 2002/4714

1999/4238
 AUSTRIA

:
 :
 : COLLECTIVE INVESTMENT UNDERTAKINGS - SECURITIES
: EC Treaty 197A049; EC Treaty 197A056

REGIONAL POLICY

Year/Number:
Member State:
Title:
Legal bases
Latest Commission Decision: 17.12.2002 PV(2002)1594 AM - P.M.
Reasoned opinion sent

2001/2138
PORTUGAL
IAPMEI
EEC Treaty 157E171

15.11.2002 SG(2002)D/220934

:
:
:
:

:

HEALTH AND CONSUMER PROTECTION

Year/Number:
Member State:
Title:
Legal bases

2001/2137

:
: FRANCE
: BSE - PROHIBITION ON PLACING THYMUS ON THE MARKET
: EEC Treaty 157E171; EC Treaty 197A010; EC Treaty 197A028;Decision

Reasoned opinion sent

:

32000D0418
25.10.2002 SG(2002)D/220899

TAXATION AND CUSTOMS UNION

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 31.1.2002 SG(2002)D/220047

:
1984/0342
: BELGIUM
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EEC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

23

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 31.1.2002 SG(2002)D/220044

1984/0343
:
: DENMARK
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 31.1.2002 SG(2002)D/220042

:
: UNITED KINGDOM
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

1984/0344

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 31.1.2002 SG(2002)D/220041

:
:
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

1984/0345
ITALY

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 5.2.2002 SG(2002)D/220046

:
:
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

1984/0346
LUXEMBOURG

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 31.1.2002 SG(2002)D/220048

:
: NETHERLANDS
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

1984/0347

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 31.1.2002 SG(2002)D/220069

:
: GREECE
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

1986/0126

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 31.1.2002 SG(2002)D/220063
Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Suppl. Formal notice sent on: 5.2.2002 SG(2002)D/220043

1990/0078
 SPAIN

:
:
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

:
1990/0079
: PORTUGAL
: DUTY-FREE IMPORT OF NON-MILITARY EQUIPMENT
: EC Treaty 197A026; Regulation 31987R2658; Regulation 31992R2913

Year/Number:                 
Member State:                  
Title:                        

1998/4667

:
: GREECE
: CHARGE FOR AUTHENTICATING INVOICES FOR THE IMPORT OF EC 

Legal bases             
Referral to Court – Case C-2002/426

: EC Treaty 197A025

PHARMACEUTICAL PRODUCTS

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral suspended:

1999/2025

:
: SPAIN
: CUSTOMS - TIME-LIMITS FOR RECOVERING DEBTS
: Regulation 31992R2913
: Decision of 26.6.2002

24

Year/Number:
Member State:
Title:

2000/2009

:
: FRANCE
: PILOTS OF LIGHT AIRCRAFT - OBLIGATION TO LAND AT AN AIRPORT 

Legal bases
Referral suspended:

: EC Treaty 197A023; EC Treaty 197A025; Regulation 31991R3925
:

24/06/2002

WITH A CUSTOMS OFFICE

Year/Number:
Member State:
Title:

:  2000/2026
:
: NO REQUIREMENT FOR A GUARANTEE IN THE EVENT OF A STAY OF

FRANCE

Legal bases
Reasoned opinion sent

:
:

EXECUTION OF A CUSTOMS DECISION
EEC Treaty 157E171; Regulation 31999R2913
27.6.2002 SG(2002)D/220507

Year/Number:
Member State:
Title:
Legal bases

2000/4421

:
: GREECE
: TAXES ON ENTRY OF PLEASURE VESSELS IN GREEK WATERS
: EC Treaty 197A023; EC Treaty 197A025; EC Treaty 197A090; EC Treaty 

Referral suspended:

197A133
17/12/2002

:

Year/Number:                 
Member State:                  
Title: 
Legal bases             
Suppl. Formal notice Art. 228 sent on: 26.4.2002 SG(2002)D/220309

:
: GREECE
: TAXATION OF SECOND-HAND CARS
: EC Treaty 197A090

1991/0779

Year/Number:
Member State:                  
Title:                        

:
1995/4988
: AUSTRIA
: CAR REGISTRATION TAX - DIFFERENTIAL TREATMENT OF CARS 

Legal bases             
Referral suspended:

: EC Treaty 197A090
: Decision of 26.6.2002

FROM OTHER MEMBER STATES

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Terminated in 2002
Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Terminated in 2002

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Terminated in 2002

:
1996/2244
: PORTUGAL
: TAXATION OF SECOND-HAND VEHICLES
: EC Treaty 197A028

1996/4748
:
: PORTUGAL
: MOTOR VEHICLE TAX DISCRIMINATION
: EC Treaty 197A090

1997/4309

:
: FRANCE
: TAX ON RENDERING AND COLLECTION OF ABATTOIR WASTE
: EC Treaty 197A090

Year/Number:
Member State:
Title:

1998/4071
FRANCE

:
:
: REFUSAL TO GIVE TAX RELIEF IN FRANCE FOR  CHILD-CARE COSTS

IN BELGIUM

Legal bases
Reasoned opinion sent

Year/Number:

:
:

:

EC Treaty 197A039; EC Treaty 197A049; Regulation 31968R1612
23.9.2002 SG(2002)D/220407

1999/4452

25

Member State:
Title:
Legal bases
Suppl. Formal notice sent on: 1.7.2002 SG(2002)D/220497

: SWEDEN
: DISCRIMINATORY TAXATION ON VIN COMPARED TO BEER
: EC Treaty 197A090

Year/Number:
Member State:
Title:

1997/4237
:
: BELGIUM
: WITHHOLDING TAX AND JOINT LIABILITY OF FOREIGN SERVICE-

Legal bases
Reasoned opinion sent

: EC Treaty 197A049
:

23.10.2001 SG(2001)D/260408

PROVIDERS

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2002/333

1999/4835

:
: FRANCE
: FREEDOM TO PROVIDE SERVICES – COMMUNITY INSURERS
: EC Treaty 197A049

Year/Number:
Member State:
Title:
Legal bases

2001/4881
:
: BELGIUM
: SUCCESSION DUTIES FOR NON-PROFIT ASSOCIATIONS
: EEC Treaty 157A171; EC Treaty 197A012; EC Treaty 197A039; EC Treaty

Reasoned opinion sent

:

197A043; EC Treaty 197A048
23.10.2002 SG(2002)D/220894

ENERGY AND TRANSPORT

Year/Number:
Member State:
Title:

1999/2219
ITALY

:
:
: FAILURE TO COMPLY WITH JUDGMENT OF 29 JANUARY 1998 (CASE 

C-280/95) AS REGARDS STATE AID

Legal bases
Article 228 reasoned opinion sent

: EC Treaty 197228

:

24.7.2001 SG(2001)D/290113

Year/Number:                 
Member State:                  
Title:                        

:
1992/2219
: GERMANY
: BILATERAL AGREEMENTS WITH NON-COMMUNITY COUNTRIES - 

Legal bases             
Referral suspended:

: EC Treaty 197A10; EC Treaty 197A133; EC Treaty 197A71
: Decision of 18.7.2001

INLAND WATERWAY TRANSPORT

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral suspended:

1994/2267
LUXEMBOURG

:
:
: BILATERAL AGREEMENTS ON INLAND WATERWAY TRANSPORT
: EC Treaty 197A10
: Decision of 18.7.2001

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Terminated in 2002

1996/2162
ITALY

:
:
: DISCRIMINATORY AIR DEPARTURE TAXES
: Regulation 31992R2408

Year/Number:                 
Member State:                  
Title:                        

1996/2164
:
: PORTUGAL
: DISCRIMINATORY AIR DEPARTURE TAXES

26

Legal bases             
Article 228 formal notice sent on: 27.6.2002 SG(2002)D/220414

: Regulation 31992R2408

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2001/246

1996/2165

:
: NETHERLANDS
: DISCRIMINATORY AIR DEPARTURE TAXES
: Regulation 31992R2408

Year/Number:                 
Member State:                  
Title:                        

1998/2094

:
: NETHERLANDS
: CONCLUSION OF OPEN SKIES AGREEMENT WITH THE UNITED 

STATES

Legal bases             

: EC Treaty 197A43; Regulation 31992R2407; Regulation 31992R2408; 

Referral suspended:

: Decision of 17.12.2002

Regulation 31992R2409

Year/Number:                 
Member State:                  
Title:                       

1998/2325

:
: FRANCE
: CONCLUSION OF OPEN SKIES AGREEMENT WITH THE UNITED 

STATES

Legal bases             

: EC Treaty 197A43; Regulation 31992R2407; Regulation 31992R2408; 

Referral suspended:

: Decision of 17.12.2002

Regulation 31992R2409

Year/Number:                 
Member State:                  
Title:                        
Legal bases             
Referral to Court – Case C-2002/299

1990/0358

:
: NETHERLANDS
: COMMERCIAL VESSELS - FLAG RIGHTS
: EC Treaty 197A48

Year/Number:
Member State:
Title:
Legal bases
Article 228 reasoned opinion sent

1991/0600
:
: BELGIUM
: CARGO-SHARING ARRANGEMENTS IN BLEU-TOGO AGREEMENT
: Regulation 31986R4055

:

21.12.2001 SG(2001)D/260695

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

Year/Number:
Member State:
Title:
Legal bases
Terminated in 2002

:
1991/0601
: BELGIUM
: CARGO-SHARING ARRANGEMENTS IN BELGIUM-ZAIRE AGREEMENT
: Regulation 31986R4055

1995/2161
:
: BELGIUM
: AGREEMENTS WITH MCWCS COUNTRIES
: Regulation 31986R4055

:
1995/2164
: PORTUGAL
:: CARGO-SHARING AGREEMENTS WITH NON-MEMBER COUNTRIES
: Regulation 31986R4055

Year/Number:                 
Member State:                  
Title:                        
Legal bases             

1995/4624
ITALY

:
:
: FREEDOM TO PROVIDE SERVICES - MARITIME TRANSPORT
: EC Treaty 197A48; Regulation 31986R4055

27

Withdrawal 

: Decision of 17.12.2002

Year/Number:                 
Member State:                  
Title:                        

1998/4654

:
: GREECE
: MARITIME TRANSPORT - RESTRICTIONS ON FREEDOM TO PROVIDE 

Legal bases             
Terminated in 2002

SERVICES (REGULATION (EEC) No 4055/86)
: Regulation 31986R4055; Regulation 31992R3577

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

1999/2001
:
: PORTUGAL
: MARITIME CABOTAGE
: Regulation 31992R3577
:

26.7.2001 SG(2001)D/290461

Year/Number:
Member State:
Title:

1999/4133

:
: GREECE
: DISCRIMINATION BETWEEN COMMUNITY NATIONALS AS REGARDS 

Legal bases
Reasoned opinion sent

: Regulation 31986R4055
:

2.2.2001 SG(2001)D/285833

DOCK DUES

Year/Number:
Member State:
Title:
Legal bases
Referral to Court – Case C-2002/288

:
: GREECE
: MARITIME CABOTAGE
: Regulation 31992R3577

2000/2062

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

2000/2078

:
: GREECE
:
: Regulation 31991R3922
:

27.6.2002 SG(2002)D/220421

APPLICATION OF JAR 145 (MAINTENANCE AGENCIES)

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

:
2000/2091
: GERMANY
: MARITIME CABOTAGE - PUBLIC  SERVICE CONTRACTS
: Regulation 31992R3577
:

27.6.2002 SG(2002)D/220446

Year/Number:
Member State:
Title:
Legal bases
Reasoned opinion sent

2000/2239
ITALY

:
:
: CARGO-SHARING AGREEMENT ITALY/CHINA
: Regulation 31986R4055
:

26.7.2001 SG(2001)D/290455

Year/Number:
Member State:
Title:

2000/4307

:
: GREECE
: NATIONALITY DISCRIMINATION FOR ACCESS TO TUG-BOAT

Legal bases
Reasoned opinion sent

:
:

SERVICES
EC Treaty 197A049; Regulation 31992R3577
22.7.2002 SG(2002)D/220611

Year/Number:
Member State:
Title:

2000/4372

:
: SPAIN
: FREEDOM TO PROVIDE MARITIME TRANSPORT SERVICES IN THE 

VIGO ESTUARY – MARITIME CABOTAGE

Legal bases
Referral to Court

: Regulation 31992R3577
: Decision of 26.6.2002

28

ANNEX IV

PROGRESS IN IMPLEMENTING DIRECTIVES

This Annex lists all directives with a deadline for transposal in 2002 (part 1) and all directives 
in respect of which there were problems of non-notification (part 2), non-conformity (part 3)
or incorrect application (part 4) during 2002 and which shows the state of infringement 
proceedings started by the Commission against Member States as at 31 December 2002.

 
PART 1: DIRECTIVES WITH A DEADLINE FOR TRANSPOSAL IN 2002

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

AGRICULTURE

32001L0054 Commission Directive 2001/54/EC of 11 July 2001 repealing Directive 79/1066/EEC

L 191,  13/07/2001

2/02/2002

laying down Community methods of analysis for testing coffee extracts and
chicory extracts (Text with EEA relevance)
This Directive repeals Directive 79/1066/EEC; national implementing measures not required

31999L0063 Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on organisation

L 167,  02/07/1999

30/06/2002

EMPLOYMENT AND 
SOCIAL AFFAIRS

of working time of seafarers concluded by the European Community Shipowners' Association (ECSA)
and the Federation of Transport Workers' Union in the European Union (FST)

ENTERPRISE

31999L0045 Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999

L 200,  30/07/1999

30/07/2002, 30/07/2004

concerning the approximation of the laws, regulations and administrative provisions of the
Member States relating to the classification, packaging and labelling of dangerous preparations

32001L0041 Directive 2001/41/EC of the European Parliament and of the Council of 19 June 2001

L 194,  18/07/2001

19/07/2002

amending, for the twenty-first time, Council Directive 76/769/EEC on 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, as regards substances
classified as carcinogens, mutagens or substances toxic to reproduction

32001L0058 Commission Directive 2001/58/EC of 27 July 2001 amending for the second time 

L 212,  07/08/2001

31/07/2002

Directive 91/155/EEC defining and laying down the detailed arrangements for the system of
specific information relating to dangerous preparations in implementation of Article 14 of
European Parliament and Council Directive 1999/45/EC and relating to dangerous substances
in implementation of Article 27 of Council Directive 67/548/EEC (safety data sheets)
(Text with EEA relevance)

32001L0060 Commission Directive 2001/60/EC of 7 August 2001 adapting to technical progress

L 226,  22/08/2001

31/07/2002

Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation
of the laws, regulations and administrative provisions of the Member States relating to the
classification, packaging and labelling of dangerous preparations 
(Text with EEA relevance)

2

 
Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

ENTERPRISE

32001L0090 Commission Directive 2001/90/EC of 26 October 2001 adapting to technical progress

L 286,  27/10/2001

31/12/2002

for the seventh 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 (creosote)
(Text with EEA relevance)

32001L0091 Commission Directive 2001/91/EC of 29 October 2001 adapting to technical progress 

L 286,  30/10/2001

30/12/2002

for the eighth 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 (hexachloroethane)
(Text with EEA relevance)

32000L0009 Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 

L 106,  03/05/2000

3/05/2002

relating to cableway installations designed to carry persons

32001L0001 Directive 2001/1/EC of the European Parliament and of the Council of 22 January 2001 amending

L 35,  06/02/2001

 06/02/2002

Council Directive 70/220/EEC concering measures to be taken against air pollution by
emissions from motor vehicles

32001L0003 Commission Directive 2001/3/EC of 8 January 2001 adapting to technical progress

L 28,  30/01/2001

30/06/2002

Council Directive 74/150/EEC relating to the type-approval of wheeled agricultural or forestry
tractors and Council Directive 75/322/EEC relating to the suppression of radio intereference
produced by spark-ignition engines fitted to wheeled agricultural or forestry tractors
(Text with EEA relevance)

32001L0043 Directive 2001/43/EC of the European Parliament and of the Council of 27 June 2001

L 211,  04/08/2001

3/08/2002

amending Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers
and to their fitting

32001L0092 Commission Directive 2001/92/EC of 30 October 2001 adapting to technical progress

L 291,  08/11/2001

 30/06/2002

Council Directive 92/22/EEC on safety glazing and glazing material for motor vehicles and
their trailers and Council Directive 70/156/EEC relating to the type-approval of motor
vehicles and their trailers
(Text with EEA relevance)

3

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

ENTERPRISE

32001L0100 Directive 2001/100/EC of the European Parliament and of the Council of 7 December 2001

L 16,  18/01/2002

10/09/2002

amending Council Directive 70/220/EEC on the approximation of the laws of the Member States
on measures to be taken against air pollution by emissions from motor vehicles

32001L0116 Commission Directive 2001/116/EC of 20 December 2001 adapting to technical progress

L 18,  21/01/2002

 01/07/2002

Council Directive 70/156/EEC on the approximation of the laws of the Member States
relating to the type-approval of motor vehicles and their trailers

32002L0078 Commission Directive 2002/78/EC of 1 October 2002 adapting to technical progress

L 267,  04/10/2002

 31/12/2002

Council Directive 71/320/EEC on the approximation of the laws of the Member States
relating to the braking devices of certain categories of motor vehicles and their trailers

32000L0035 Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000

L 200,  08/08/2000

8/08/2002

on combating late payment in commercial transactions

32001L0104 Directive 2001/104/EC of the European Parliament and of the Council of 7 December 2001

L 6,  10/01/2002

13/06/2002

amending Council Directive 93/42/EEC concerning medical devices

ENVIRONMENT

31999L0022 Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals

L 94,  09/04/1999

 09/04/2002

in zoos

32000L0053 Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000

L 269,  21/10/2000

21/04/2002

on end-of life vehicles

32000L0069 Directive 2000/69/EC of the European Parliament and of the Council of 16 November 2000

L 313,  13/12/2000

13/12/2002

relating to limit values for benzene and carbon monoxide in ambient air

32000L0076 Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000

L 332,  28/12/2000

28/12/2002

on the incineration of waste

32001L0018 Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001

L 106,  17/04/2001

17/10/2002

on the deliberate release into the environment of genetically modified organisms and repealing
Council Directive 90/220/EEC

4

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

ENVIRONMENT

32001L0059 Commission Directive 2001/59/EC of 6 August 2001 adapting to technical progress for the 28th time

L 225,  21/08/2001

 31/07/2002

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)

32001L0063 Commission Directive 2001/63/EC of 17 August 2001 adapting to technical progress

L 227,  23/08/2001

 01/07/2002

Directive 97/68/EC of the European Parliament and of the Council 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

32001L0080 Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001

L 309,  27/11/2001

27/11/2002

on the limitation of emissions of certain pollutants into the air from large combustion plants

32001L0081 Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001

L 309,  27/11/2001

27/11/2002

on national emission ceilings for certain atmospheric pollutants

EUROSTAT

32001L0109 Directive 2001/109/EC of the European Parliament and of the Council of 19 December 2001

L 13,  16/01/2002

16/04/2002

concerning the statistical surveys to be carried out by the Member States in order to determine
the production potential of plantations of certain species of fruit trees

32001L0040 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions

L 149,  02/06/2001

2/12/2002

JUSTICE AND HOME 
AFFAIRS

on the expulsion of third country nationals

INTERNAL MARKET

32002L0039 Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002

L 176,  05/07/2002

31/12/2002

amending Directive 97/67/EC with regard to the further opening to competition of

Community postal services

5

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

INTERNAL MARKET

32001L0019 Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001

L 206,  31/07/2001

31/12/2002

amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition

of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC,  78/686/EEC,
78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC,   80/155/EEC, 85/384/EEC, 85/432/EEC,
85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for
general dental practitioner, veterinary surgeon, midwife, architect, pharamacist and doctor
(Text with EEA relevance)

32001L0078 Commission Directive 2001/78/EC of 13 September 2001 amending Annex IV

to Council Directive 93/36/EEC, Annexes IV, V and VI to Council Directive 93/37/EEC, 
Annexes III and IV to Council Directive 92/50/EEC, as amended by Directive 97/52/EC,
and Annexes XII to XV, XVII and XVIII to Council Directive 93/38/EEC, as amended by
Directive 98/4/EC (Directive on the use of standard forms in the publication of public contract notices)
(Text with EEA relevance)

L 285,  29/10/2001
L214,  09/08/2002

1/05/2002

32000L0031 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000

L 178,  17/07/2000

17/01/2002

on certain legal aspects of information society services, in particular electronic commerce,
in the Internal Market ('Directive on electronic commerce')

32001L0029 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001

L 167,  22/06/2001

 22/12/2002

on the harmonisation of certain aspects of copyright and related rights in the information society

32000L0028 Directive 2000/28/EC of the European Parliament and of the Council of 18 September 2000

L 275,  27/10/2000

27/04/2002

amending Directive 2000/12/EC relating to the taking up and pursuit of the business of
credit institutions

32000L0046 Directive 2000/46/EC of the European Parliament and of the Council of 18 September 2000

L 275,  27/10/2000

27/04/2002

on the taking up, pursuit of and prudential supervision of the business of electronic
money institutions

32000L0026 Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000
on the approximation of the laws of the Member States relating to insurance against
civil liability in respect of the use of motor vehicles and amending Council
Directives 73/239/EEC and  88/357/EEC (Fourth motor insurance Directive)

L 181,  20/07/2000

20/07/2002

6

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

INTERNAL MARKET

32000L0064 Directive 2000/64/EC of the European Parliament and of the Council of 7 November 2000

L 290,  17/11/2000

17/11/2002

amending Council Directives 85/611/EEC, 92/49/EEC, 92/96/EEC and 93/22/EEC as regards
exchange of information with third countries

HEALTH AND 
CONSUMER 
PROTECTION

32001L0046 Directive 2001/46/EC of the European Parliament and of the Council of 23 July 2001

L 234,  01/09/2001

 01/09/2002

amending Council Directive 95/53/EC fixing the principles governing the organisation of
official inspections in the field of animal nutrition and Directives 70/524/EEC,
96/25/EC and 1999/29/EC on animal nutrition

32001L0079 Commission Directive 2001/79/EC of 17 September 2001 amending Council Directive 87/153/EEC

L 267,  06/10/2001

 01/01/2002

fixing guidelines for the assessment of additives in animal nutrition
(Text with EEA relevance)

32001L0102 Council Directive 2001/102/EC of 27 November 2001 amending Directive 1999/29/EC

L 6,  10/01/2002

 01/07/2002

on the undesirable substances and products in animal nutrition

32002L0001 Commission Directive 2002/1/EC of 7 January 2002 amending Directive 94/39/EC
as regards animal feedingstuffs for the support of liver function in case of chronic 
liver insufficiency

L 5,  09/01/2002

20/11/2002

31999L0039 Commission Directive 1999/39/EC of 6 May 1999 amending Directive 96/5/EC

L 124,  18/05/1999

 30/06/2000, 01/07/2002

on processed cereal-based foods and baby foods for infants and young children
(Text with EEA relevance)

32001L0005 Directive 2001/5/EC of the European Parliament and of the Council of 12 February 2001

L 55,  24/02/2001

24/08/2002

amending Directive 95/2/EC on food additives other than colours and sweeteners

32001L0015 Commission Directive 2001/15/EC of 15 February 2001 on substances that may be added

L 52,  22/02/2001

 30/03/2002

for specific nutritional purposes in foods for particular nutritional uses
(Text with EEA relevance)

7

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

HEALTH AND 
CONSUMER 
PROTECTION

32001L0022 Commission Directive 2001/22/EC of 8 March 2001 laying down the sampling methods

L 77,  16/03/2001

5/04/2002

and the methods of analysis for the official control of the levels of lead, cadmium, mercury and
3-MCPD in foodstuffs
(Text with EEA relevance)

32001L0030 Commission Directive 2001/30/EC of 2 May 2001 amending Directive 96/77/EC

L 146,  31/05/2001

 01/06/2002

laying down specific purity criteria on food additives other than colours and sweeteners
(Text with EEA relevance)

32001L0050 Commission Directive 2001/50/EC of 3 July 2001 amending Directive 95/45/EC

L 190,  12/07/2001

30/06/2002

laying down specific purity criteria concerning colours for use in foodstuffs
(Text with EEA relevance)

32001L0052 Commission Directive 2001/52/EC of 3 July 2001 amending Directive 95/31/EC

L 190,  12/07/2001

30/06/2002

laying down specific criteria of purity concerning sweeteners for use in foodstuffs
(Text with EEA relevance)

32001L0062 Commission Directive 2001/62/EC of 9 August 2001 amending Directive 90/128/EEC
relating to plastic materials and articles intended to come into contact with foodstuffs
(Text with EEA relevance)

L 221,  17/08/2001

 01/12/2002

32002L0072 Commission Directive 2002/72/EC of 6 August 2002 relating to plastic materials and articles

L 220,  15/08/2002

2/09/2002

intended to come into contact with foodstuffs
(Text with EEA relevance)
Repeals Directive 31990L0128

31999L0044 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on
certain aspects of the sale of consumer goods and associated guarantees

L 171,  07/07/1999

 01/01/2002

32000L0029 Council Directive 2000/29/EC  of 8 May 2000 on protective measures against the
introduction into the Community of organisms harmful to plants or plant products
and against their spread within the Community

L 169,  10/07/2000

 20/01/2002

32000L0080 Commission Directive 2000/80/EC of 4 December 2000 amending Annex I to 

L 309,  09/12/2000

 01/07/2002

Council Directive 91/414/EEC concerning the placing of plant protection products on the market,
so as to consolidate that Annex and include a further active substance
(lambda-cyhalothrine)

8

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

HEALTH AND 
CONSUMER 
PROTECTION

32001L0021 Commission Directive 2001/21/EC of 5 March 2001 amending Annex I to 

L 69,  10/03/2001

1/07/2002

Council Directive 91/414/EEC concerning the placing of plant protection products on the market
to include amitrole, diquat, pyridate and thiabendazole as active substances

32001L0036 Commission Directive 2001/36/EC of 16 May 2001 amending Council Directive 91/414/EEC

L 164,  20/06/2001

1/05/2002

concerning the placing of plant protection products on the market
(Text with EEA relevance)

32001L0048 Commission Directive 2001/48/EC of 28 June 2001 amending the Annexes to Council Directives

L 180,  03/07/2001

 28/02/2002

86/362/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on
cereals and certain products of plant origin, including fruit and vegetables respectively
(Text with EEA relevance)

32001L0057 Commission Directive 2001/57/EC of 25 July 2001 amending the Annexes to Council Directives

L 208,  01/08/2001

28/02/2002

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
(Text with EEA relevance)

32001L0087 Commission Directive 2001/87/EC of 12 October 2001 amending Annex I to Council Directive

L 276,  19/10/2001

31/03/2002

91/414/EEC concerning the placing of plant protection products on the market to include
acibenzolar-s-methyl, cyclanilide, ferric phosphate, pymetrozine and
pyraflufen-ethyl as active substances

32002L0005 Commission Directive 2002/5/EC of 30 January 2002 amending Annex II to Council Directive

L 34,  05/02/2002

31/08/2002

90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on
certain products of plant origin, including fruit and vegetables

32002L0023 Commission Directive 2002/23/EC of 26 February 2002 amending the Annexes to Council Directives
86/362/EEC, 86/363/EEC and 90/642/EEC as regards 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

L 64,  07/03/2002

 31/08/2002

9

Sector

Celex code

Title

HEALTH AND 
CONSUMER 
PROTECTION

32002L0028 Commission Directive 2002/28/EC of 19 March 2002 amending certain annexes to Council
Directive 2000/29/EC on protective measures against the introduction into the Community
of organisms harmful to plants or plant products and against their spread within the Community

OJ reference

Deadline(s) for 
transposal

L 77,  20/03/2002

31/03/2002

32002L0029 Commission Directive 2002/29/EC of 19 March 2002 amending Directive 2000/32/EC

L 77,  20/03/2002

 31/03/2002

as regards certain protected zones exposed to particular plant health risks in the Community

32002L0037 Commission Directive 2002/37/EC of 3 May 2002 amending Council Directive 91/414/EEC 

L 117,  04/05/2002

31/08/2002

to include ethofumesate as an active substance
(Text with EEA relevance)

32002L0042 Commission Directive 2002/42/EC of 17 May 2002 amending the Annexes to Council Directives

L 134,  22/05/2002

31/12/2002

86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for
pesticide residues (bentazone and pyridate) in and on cereals, foodstuffs of animal origin
and certain products of plant origin, including fruit and vegetables
(Text with EEA relevance)

32002L0048 Commission Directive 2002/48/EC of 30 May 2002 amending Council Directive 91/414/EEC 

L 148,  06/06/2002

31/12/2002

to include iprovalicarb, prosulfuron and sulfosulfuron as active substances

32002L0066 Commission Directive 2002/66/EC of 16 July 2002 amending the Annexes to Council Directives

L 192,  20/07/2002

30/11/2002

76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels
for pesticide residues in and on fruit and vegetables, cereals, foodstuffs of animal origin and
certain products of plant origin, including fruit and vegetables respectively
(Text with EEA relevance)
Measures applicable from 1.12.2002 for lindane, quintozene and perimethrin
Measures applicable from 1.5.2003 for parathion

32002L0071 Commission Directive 2002/71/EC of 19 August 2002 amending the Annexes to Council Directives

L 225,  22/08/2002

 31/12/2002

76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels
for pesticide residues (formothion,dimethoate and oxydemeton-methyl) in and on cereals,
foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables
(Text with EEA relevance)

10

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

HEALTH AND 
CONSUMER 
PROTECTION

32002L0076 Commission Directive 2002/76/EC of 6 September 2002 amending the Annexes to Council Directives

L 240,  07/09/2002

 31/12/2002

86/362/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues
(metsulfuron methyl) in and on cereals and certain products of plant origin, including
fruit and vegetables
(Text with EEA relevance)

32002L0079 Commission Directive 2002/79/EC of 2 October 2002 amending the Annexes to Council Directives

L 291,  28/10/2002

31/12/2002, 31/05/2003

76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels
for certain pesticide residues in and on cereals, foodstuffs of animal origin and certain products
of plant origin, including fruit and vegetables
(Text with EEA relevance)

32001L0064 Council Directive 2001/64/EC of 31 August 2001 amending Directive 66/401/EEC on the 
marketing of fodder plant seed and Directive 66/402/EEC on the marketing of cereal seed

L 234,  01/09/2001

28/02/2002

32002L0008 Commission Directive 2002/8/EC of 6 February 2002 amending Directives 72/168/EEC and

L 37,  07/02/2002

 31/03/2002

72/180/EEC concerning the characteristics and minimum conditions for examining vegetable and
agricultural varieties respectively

32002L0053 Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural

L 193,  20/07/2002

9/08/2002

plant species

32002L0054 Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed

L 193,  20/07/2002

 09/08/2002

32002L0055 Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed

L 193,  20/07/2002

9/08/2002

32002L0056 Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes

L 193,  20/07/2002

9/08/2002

32002L0057 Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants

L 193,  20/07/2002

9/08/2002

11

Sector

Celex code

Title

HEALTH AND 
CONSUMER 
PROTECTION

32001L0037 Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the
approximation of the laws, regulations and administrative provisions of the Member States
concerning the manufacture, presentation and sale of tobacco products
Repeals Directives 31989L0622 and 31990L0239 without prejudice to the obligations
of the Member States concerning the time limits for transposition

OJ reference

Deadline(s) for 
transposal

L 194,  18/07/2001

1/10/2002

31999L0074 Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection 

L 203,  03/08/1999

 01/01/2002

of laying hens

32000L0075 Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the

L 327,  22/12/2000

 01/01/2002

control and eradication of bluetongue

32001L0089 Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of

L 316,  01/12/2001

1/11/2002

classical swine fever (Text with EEA relevance)

32001L0044 Council Directive 2001/44/EC of 15 June 2001 amending Directive 76/308/EEC on mutual assistance

L 175,  28/06/2001

30/06/2002

for the recovery of claims resulting from operations forming part of the system of financing the
European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties
and in respect of value added tax and certain excise duties

TAXATION AND 
CUSTOMS UNION

31999L0085 Council Directive 1999/85/EC of 22 October 1999 amending Directive 77/388/EEC as regards

L 277,  28/10/1999

1/10/2002

the possibility of applying on an experiment basis a reduced VAT rate on labour-intensive services

32002L0093 Council Directive 2002/93/EC of 3 December 2002 amending Directive 77/388/EEC to extend

L 331,  07/12/2002

7/12/2002

the facility allowing Member States to apply reduced rates of VAT to certain labour-intensive services

ENERGY AND 
TRANSPORT

32002L0010 Council Directive 2002/10/EC of 12 February 2002 amending Directives 92/79/EEC,

L 46,  16/02/2002

01/07/2002, 01/01/2008

92/80/EEC and 95/59/EC as regards the structure and rates of excise duty applied on
manufactured tobacco

32002L0040 Commission Directive 2002/40/EC of 8 May 2002 implementing Council 

L 128,  15/05/2002

31/12/2002,

Directive 92/75/EEC with regard to energy labelling of household electric ovens
(Text with EEA relevance)
Repeals Directive 31979L0531 from 1.1.2003

12

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

ENERGY AND 
TRANSPORT

32000L0030 Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the

L 203,  10/08/2000

10/08/2002

technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community

32001L0006 Commission Directive 2001/6/EC of 29 January 2001 adapting for the third time to technical progress

L 30,  01/02/2001

 31/12/2002

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)

32001L0007 Commission Directive 2001/7/EC of 29 January 2001 adapting for the third time to technical progress

L 30,  01/02/2001

31/12/2002

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)

32001L0009 Commission Directive 2001/9/EC of 12 February 2001 adapting to technical progress

L 48,  17/02/2001

9/03/2002

Council Directive 96/96/EC on the approximation of the laws of the Member States relating to
roadworthiness tests for motor vehicles and their trailers
(Text with EEA relevance)

31992L0014 Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes

L 076,  23/03/1992

30/06/1992, 01/04/2002

covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International
Civil Aviation, second edition (1988)

31998L0020 Council Directive 98/20/EC of 30 March 1998 amending Directive 92/14/EEC on the 

L 107,  07/04/1998

01/03/1999, 01/04/2002

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)

31999L0095 Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999

L 014,  20/01/2000

30/06/2002

concerning the enforcement of provisions in respect of seafarers' hours of work on board
ships calling at Community ports

32000L0059 Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000

L 332,  28/12/2000

28/12/2002

on port reception facilities for ship-generated waste and cargo residues

32001L0053 Commission Directive 2001/53/EC of 10 July 2001 amending Council Directive 96/98/EC 

L 204,  28/07/2001

17/02/2002

on marine equipment (Text with EEA relevance)

13

Sector

Celex code

Title

OJ reference

Deadline(s) for 
transposal

ENERGY AND 
TRANSPORT

32002L0025 Commission Directive 2002/25/EC of 5 March 2002 amending Council Directive 98/18/EC 

L 98,  15/04/2002

15/10/2002

on safety rules and standards for passenger ships

14

ANNEX 4 - PART 2: NOTIFICATION AND NON-NOTIFICATION OF NATIONAL MEASURES
IMPLEMENTING DIRECTIVES

"Non-notification" includes both a complete absence of any notification of national implementing measures
and cases of incomplete notification of such measures.

NB: The date given is the date of notification to the Member State or the date when the action was filed at
the European Court of Justice.

Abbreviations:

LET: letter of formal notice; SLET: supplementary letter of formal notice;

RO: reasoned opinion; SRO: supplementary reasoned opinion;

LET 228 and RO 228: letter of formal notice or reasoned opinion for failure to comply with a judgment of
the Court of Justice.

NIM: National implementing measures

The numbering of the directives follows the CELEX code.

EDUCATION AND CULTURE .....................................................................................4

EMPLOYMENT AND SOCIAL AFFAIRS.....................................................................5

ENTERPRISE..............................................................................................................8

Equipment ...................................................................................................................8

Chemicals....................................................................................................................9

Aerospace, defence, railway and shipping industries ................................................12

Pharmaceuticals and Cosmetics ...............................................................................13

Motor Vehicles...........................................................................................................14

Payment delays .........................................................................................................20

ENVIRONMENT ........................................................................................................21

Introductory................................................................................................................21

Water.........................................................................................................................22

Air ..............................................................................................................................22

Waste ........................................................................................................................25

Nature........................................................................................................................26

Noise .........................................................................................................................26

Chemicals and biotechnology....................................................................................27

Radiation protection...................................................................................................29

EUROSTAT ...............................................................................................................30

INFORMATION SOCIETY.........................................................................................30

JUSTICE AND HOME AFFAIRS ...............................................................................31

Internal market...........................................................................................................32

Cultural goods ...........................................................................................................32

Banks ........................................................................................................................32

Insurance...................................................................................................................33

Investments ...............................................................................................................34

Postal services ..........................................................................................................34

Media in the Information Society ...............................................................................34

E-commerce ..............................................................................................................35

Public procurement....................................................................................................35

Data protection ..........................................................................................................36

Industrial property......................................................................................................36

Copyright and related rights ......................................................................................36

Health and consumer protection................................................................................38

Veterinary matters .....................................................................................................38

Plant health................................................................................................................41

Seeds and seedlings .................................................................................................47

Public health ..............................................................................................................49

Feedingstuffs .............................................................................................................49

Food ..........................................................................................................................52

Consumer protection .................................................................................................55

TAXATION AND CUSTOMS UNION.........................................................................57

General......................................................................................................................57

VAT ...........................................................................................................................57

Excise duties .............................................................................................................57

ENERGY ...................................................................................................................58

Gas............................................................................................................................58

Renewable energy and energy efficiency..................................................................58

TRANSPORT ............................................................................................................58

Land, road and inland waterway transport.................................................................58

Rail transport .............................................................................................................60

Land transport, safety and technology.......................................................................60

Air transport ...............................................................................................................62

Maritime transport......................................................................................................63

31999L0064
Commission  Directive  1999/64/EC  of  23  June  1999  amending  Directive  90/388/EEC  in
order to ensure that telecommunications networks and cable TV networks owned by a single operator are
separate legal entities

Deadline for transposal: 10.4.2000

Member States which have notified:

all except I

ITALY

 2000/0578, Referral Case C-2002/017, Withdrawn 24.4.2002

32000L0052
the transparency of financial relations between Member States and public undertakings.

Commission Directive 2000/52/EC of 26 July 2000 amending Directive 80/723/EEC on

Deadline for transposal: 31.7.2001

Member States which have notified:

DK, D, EL, E, NL, A, UK

BELGIUM
GREECE
SPAIN
FRANCE
IRELAND
ITALY
LUXEMBOURG
NETHERLANDS
PORTUGAL
FINLAND
SWEDEN

2001/0473, Reasoned opinion 19.12.2002
2001/0542, Termination: 26.6.2002
2001/0548, Termination: 26.6.2002
2001/0451, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0529, RO: 05.7.2002, Referral (decision): 17.12.2002
2001/0507, RO: 01.7.2002, Referral (decision): 17.12.2002
2001/0464, RO 19.12.2002
2001/0487, Termination: 16.10.2002
2001/0560, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0590, RO : 01.7.2002
2001/0581, RO: 27.6.2002, Referral (decision): 17.12.2002

EDUCATION AND CULTURE

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

Deadline for transposal: 30.12.1998

Member States which have notified:

all

ITALY
LUXEMBOURG 1999/0013, Judgment: 21.6.2001, Case C-2000/119, Termination: 18.7.2001
NETHERLANDS 1999/039, Case C-2000/145, Action withdrawn: 13.3.2002

1999/0068, Judgment: 14.6.2001, Case C-2000/207, Termination: 20.12.2001

EMPLOYMENT AND SOCIAL AFFAIRS

31993L0104
organization of working time

Council  Directive  93/104/EC  of  23  November  1993  concerning  certain  aspects  of  the

Deadline for transposal: 23.11.1996

Member States which have notified:

all except IT

ITALY

1997/0095, RO 228 : 23. 05.2002, 2nd Referral (decision)17.12.2002

31995L0030
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)

Deadline for transposal: 30.11.1996

Member States which have notified:

all except A

AUSTRIA

1997/0139, LET 228 19.12.2002

31995L0063
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)

Deadline for transposal: 04.12.1998

Member States which have notified:

 all except IR

IRELAND

1999/0100, Case C-2001/048, Action withdrawn: 31.7.2001

31996L0071
concerning the posting of workers in the framework of the provision of services

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996

Deadline for transposal: 16.12.1999

Member States which have notified:

all except L

31996L0097
Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the
implementation  of  the  principle  of  equal  treatment  for  men  and  women  in  occupational  social  security
schemes

Deadline for transposal: 01.7.1997 and 09.3.1999

Member States which have notified:

all

GREECE

1997/0320, Termination: 24.4.2002

Commission Directive 97/59/EC of 7 October 1997 adapting to technical progress Council
31997L0059
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)

Deadline for transposal: 31.3.1998

Member States which have notified:

all except A

AUSTRIA

1998/0244, Case C-2000/110, Judgment: 11.10.2001

31997L0065
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)

Deadline for transposal: 30.6.1998

Member States which have notified:

all

AUSTRIA

1998/0433, Termination: 16.10.2002

31997L0080
discrimination based on sex (Directive not applying to the United Kingdom)

Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of

Deadline for transposal: 01.1.2001

Member States which have notified:

all except B, D, EL

GREECE

2001/0296, RO 18.7.2002

31997L0081
time working concluded by UNICE, CEEP and the ETUC

Council Directive  97/81/EC of 15 December 1997 on the framework  agreement  on  part-

Deadline for transposal: 20.1.2000

Member States which have notified:

all except F (not addressed to UK)

31998L0024
workers from the risks related to chemical agents at work (fourteenth individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC)

Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of

Deadline for transposal: 05.5.2001

Member States which have notified:

B, EL, IRL, I, L, NL, P, FI, S

BELGIUM
DENMARK
GERMANY
FRANCE
IRELAND
ITALY
LUXEMBOURG
NETHERLANDS
AUSTRIA
PORTUGAL
UNITED KINGDOM

2001/0347, Termination: 26.6.2002
2001/0392, RO 19.12.2002
2001/0364, RO 21.3.2002
2001/0334, Referral, Case C-2002/269
2001/0386, Termination: 26.6.2002
2001/0371, Termination: 26.6.2002
2001/0341, Case C-2002/268, Action withdrawn: 16.10.2002
2001/0357, Termination: 26.6.2002
2001/0422, RO 19.12.2002
2001/0412, Termination: 20.12.2001
2001/0380, RO: 21.12.2001, Referral (decision): 26.6.2002

31998L0049
rights of employed and self-employed persons moving within the Community

Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension

Deadline for transposal: 25.7.2001

(Deadline for notification: 25.1.2002)

Member States which have notified:

DK, D, E, F, I, L, NL, A, P, FI, UK

BELGIUM
GREECE
IRELAND
SWEDEN

2002/0147, LET: 17.4.2002
2002/0188, LET: 17.4.2002
2002/0178, LET: 17.4.2002
2002/0214, LET: 17.4.2002

31998L0050
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

Council Directive 98/50/EC of 29 June 1998 amending Directive 77/187/EEC on the

Deadline for transposal: 17.7.2001

Member States which have notified:

all except IRL, L and P

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

2001/0466, Termination: 16.10.2002
2001/0531, Termination: 20.3.2002
2001/0488, Termination: 16.10.2002
2001/0535, Termination: 17.12.2002
2001/0448, Termination: 20.3.2002
2001/0521, RO: 25.4.2002, Referral (decision): 17.12.2002
2001/0459, LET: 19.10.2001
2001/0479, Termination: 16.10.2002
2001/0562, Termination: 17.7.2002
2001/0552, RO : 25.10.2002
2001/0574, Termination: 20.3.2002
2001/0512, Termination: 17.12.2002

31999L0063
Council  Directive  1999/63/CE  of  21  June  1999  concerning  the  Agreement  on  the
organisation of working time of seafarers concluded by the European Community Shipowners' Association
(ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)

Deadline for transposal: 30.6.2002

Member States which have notified:

E, NL, FI

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

2002/0352, LET: 16.7.2002, Termination: 17.12.2002
2002/0396, LET 16.7.2002, Termination 17.12.2002
2002/0362, LET 16.7.2002, Termination 17.12.2002
2002/0402, LET: 16.7.2002
2002/0338, LET 16.7.2002
2002/0387, LET: 16.7.2002
2002/0372, LET 16.7.2002
2002/0345, LET 16.7.2002, Termination 17.12.2002
2002/0423, LET: 16.7.2002
2002/0412, LET: 16.7.2002
2002/0432, LET: 16.7.2002, Termination: 17.12.2002
2002/0380, LET 16.7.2002, Termination 17.12.2002

31999L0070
fixed-term work concluded by ETUC, UNICE and CEEP

Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on

Deadline for transposal: 10.7.2001

Member States which have notified:

B, D, E, F, I, A, FI, S, UK

BELGIUM
FRANCE
IRELAND
NETHERLANDS
AUSTRIA
SWEDEN

2001/0470, Termination: 16.10.2002
2001/0450, Termination: 20.3.2002
2001/0526, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0483, RO 31.10.2002
2001/0565, Termination: 26.6.2002
2001/0578, Termination: 16.10.2002

ENTERPRISE

Equipment

31997L0023
approximation of the laws of the Member States concerning pressure equipment

Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the

Deadline for transposal: 28.5.1999

Member States which have notified:

all except D

GERMANY

1999/0479, Referral Case C-2002/135

31998L0079
in vitro diagnostic medical devices

Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on

Deadline for transposal: 07.12.1999

Member States which have notified:

all except F

BELGIUM
GERMANY
FRANCE

2000/0212, Termination: 15.1.2002
2000/0230, Termination: 26.6.2002
2000/0178, RO: 26.6.2002, Referral (decision): 17.12.2002

31999L0005
Directive 1999/5/EC of the European Parliament and of the Council of 9  March 1999  on
radio  equipment  and  telecommunications  terminal  equipment  and  the  mutual  recognition  of  their
conformity

Deadline for transposal: 07.4.2000

Member States which have notified:

all

GREECE 

2000/0673, Case C-2001/367, Action withdrawn: 17.7.2002

31999L0103
Directive 1999/103/EC of the European Parliament and of the Council of 24 January 2000
amending Council Directive 80/181/EEC on the approximation of the laws of the Member States relating
to units of measurement

Deadline for transposal: 09.2.2001

Member States which have notified: all except F and P

GREECE 
FRANCE 
AUSTRIA 
PORTUGAL 

2001/0204, Termination: 26.6.2002
2001/0144, RO 21.3.2002
2001/0226, Termination: 17.7.2002
2001/0218, Case C-2002/339

Directive  2000/70/EC  of  the  European  Parliament  and  of  the  Council  of  16  November
32000L0070
2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivatives
of human blood or human plasma

Deadline for transposal: 13.12.2001

Member States which have notified: D, DK, E, EL, L, NL, S, FI, UK

BELGIUM
DENMARK
GERMANY
SPAIN
FRANCE
IRELAND
ITALY
NETHERLANDS
AUSTRIA
PORTUGAL
FINLAND
SWEDEN
UNITED KINGDOM 2002/0058, LET 12.2.2002, Termination 16.10.2002

2002/0022, LET: 12.2.2002, RO: 18.7.2002, Referral (decision): 17.12.2002
2002/0075, LET 12.2.2002, Termination 26.6.2002
2002/0040, LET: 12.2.2002, Termination: 26.6.2002
2002/0094, LET 12.2.2002, Termination 16.10.2002
2002/0005, LET: 12.2.2002, RO: 18.7.2002, Referral (decision): 17.12.2001
2002/0065, LET: 12.2.2002, RO: 12.2.2002, Referral (decision): 17.12.2001
2002/0050, LET: 12.2.2002, RO: 18.7.2002, Referral (decision): 17.12.2001
2002/0032, LET 12.2.2002, Termination 16.10.2002
2002/0113, LET: 12.2.2002, RO: 23.10.2002
2002/0101, LET: 12.2.2002, RO: 12.2.2002, Referral (decision): 17.12.2001
2002/0127, LET: 12.2.2002, Termination: 16.10.2002
2002/0120, LET 12.2.2002, Termination 26.6.2002

32001L0104
amending Council Directive 93/42/EEC concerning medical devices

Directive  2001/104/EC  of  the  European  Parliament  and  of  the  Council  of  07.12.1

Deadline for transposal: 13.6.2002

Member States which have notified: DK, D, EL, E, L, NL, FI, S, UK

BELGIUM
SPAIN
FRANCE
IRELAND
ITALY
NETHERLANDS
AUSTRIA
PORTUGAL

2002/0356, LET: 16.7.2002, RO: 19.12.2002
2002/0411, LET 16.7.2002, Termination 17.12.2002
2002/0344, LET: 16.7.2002, RO: 19.12.2002
2002/0395, LET: 16.7.2002, RO: 19.12.2002
2002/0379, LET: 16.7.2002, RO: 19.12.2002
2002/0361, LET 16.7.2002, Termination 17.12.2002
2002/0431, LET: 16.7.2002
2002/0422, LET: 16.7.2002, RO: 19.12.2002

Chemicals

31993L0015
relating to the placing on the market and supervision of explosives for civil uses

Council  Directive  93/15/EEC  of  5  April  1993  on  the  harmonization  of  the  provisions

Deadline for transposal: 29.9.1993 and 29.9.1994

Member States which have notified:

all except F and L

FRANCE
LUXEMBOURG

1994/0449, RO 228 17.7.2002 (decision suspended)
2001/2126, RO: 27.6.2002, Referral (decision): 17.12.2002

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

Deadline for transposal: 30.9.1999

Member States which have notified:

all

BELGIUM

2000/0036, Termination: 09.4.2002

31999L0012
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)

Deadline for transposal: 30.9.1999

Member States which have notified:

all

BELGIUM

2000/0035, Referral (decision) 20.3.2002, Termination 09.4.2002

31999L0043
Directive  1999/43/EC  of  the  European  Parliament  and  of  the  Council  of  25  May  1999
amending  for  the  17th  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

Deadline for transposal: 01.7.2000

Member States which have notified:

all

AUSTRIA

2000/0877, Termination: 15.1.2002

Directive  1999/45/EC  of  the  European  Parliament  and  of  the  Council  of  31  May  1999
31999L0045
concerning the approximation of the laws, regulations and administrative provisions of the Member States
relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.7.1999, p.
1).

Deadline for transposal: 30.7.2002

Member States which have notified:

B, DK, EL, A, FI, UK

GERMANY
GREECE
SPAIN
FRANCE
IRELAND
ITALY
LUXEMBOURG
NETHERLANDS
PORTUGAL
SWEDEN
UNITED KINGDOM

2002/0481, LET: 30.9.2002
2002/0528, LET: 30.9.2002, Termination: 17.12.2002
2002/0538, LET 30.9.2002
2002/0444, LET: 30.9.2002
2002/0511, LET: 30.9.2002
2002/0491, LET: 30.9.2002
2002/0456, LET: 30.9.2002
2002/0469, LET: 30.9.2002
2002/0548, LET: 30.9.2002
2002/0571, LET: 30.9.2002
2002/0502, LET 30.9.2002, Termination 17.12.2002

Commission Directive 1999/51/EC of 26 May 1999 adapting to technical progress for the
31999L0051
fifth  time  Annex  I  to  Council  Directive  76/769/EEC  on  the  approximations  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 (tin, PCP and cadmium) (Text with EEA relevance)

Deadline for transposal: 29.2.2000

Member States which have notified:

 all

FRANCE

2001/0.1, Case C-2002/16, Action withdrawn: 30.4.2002

32001L0008
Directive 92/109/EEC on the manufacture and placing on the market of certain substances used in the
illicit manufacture of narcotic drugs and psychotropic substances

Commission Directive 2001/8/EC of 8 February 2001 replacing Annex I to Council

Deadline for transposal: 01.3.2001

Member States which have notified: all except IR and P

IRELAND
AUSTRIA
PORTUGAL
UNITED KINGDOM

2001/0290, RO: 25.1.2002, Referral: 24.9.2001, Case C-2002/410
2001/0323, RO: 25.1.2002, Termination: 26.6.2002
2001/0317, RO: 07.2.2002, Referral Case C-2002/363
2001/0283, RO: 25.1.2002, Termination: 26.6.2002

32001L0041
Directive  2001/41/EC  of  the  European  Parliament  and  of  the  Council  of  19  June  2001
amending,  for  the  twenty-first  time,  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,  as  regards  substances  classified  as
carcinogens, mutagens or substances toxic to reproduction

Deadline for transposal: 19.7.2002

Member States which have notified: B, DK, EL, E, I, FI, S, UK

GERMANY
FRANCE
IRELAND
ITALY
LUXEMBOURG
NETHERLANDS
AUSTRIA
PORTUGAL
SWEDEN
UNITED KINGDOM

2002/0484, LET: 30.9.2002
2002/0449, LET 30.9.2002
2002/0516, LET: 30.9.2002
2002/0495, LET: 30.9.2002, Termination 17.12.2002
2002/0461, LET: 30.9.2002
2002/0474, LET: 30.9.2002
2002/0565, LET: 30.9.2002
2002/0553, LET: 30.9.2002
2002/0572, LET: 30.9.2002, Termination: 17.12.2002
2002/0505, LET: 30.9.2002, Termination: 17.12.2002

32001L0058
Commission  Directive  2001/58/EC  of  27  July  2001  amending  for  the  second  time
Directive  91/155/EEC  defining  and  laying  down  the  detailed  arrangements  for  the  system  of  specific
information relating to dangerous preparations in implementation of Article 14 of European Parliament and
Council  Directive  1999/45/EC  and  relating  to  dangerous  substances  in  implementation  of  Article  27  of
Council Directive 67/548/EEC (safety data sheets) (Text with EEA relevance)

Deadline for transposal: 31.7.2002

Member States which have notified: B, DK, EL, I, A, FI, UK

GERMANY
SPAIN
FRANCE
IRELAND
ITALY
LUXEMBOURG
NETHERLANDS
PORTUGAL
SWEDEN
UNITED KINGDOM

2002/0486, LET: 30.9.2002
2002/0542, LET: 30.9.2002
2002/0450, LET: 30.9.2002
2002/0517, LET: 30.9.2002
2002/0496, LET 30.9.2002, Termination 17.12.2002
2002/0462, LET: 30.9.2002
2002/0475, LET: 30.9.2002
2002/0555, LET: 30.9.2002
2002/0574, LET: 30.9.2002
2002/0506, LET: 30.9.2002, Termination: 17.12.2002

32001L0060
Commission  Directive  2001/60/EC  of  7  August  2001  adapting  to  technical  progress
Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the
laws,  regulations  and  administrative  provisions  of  the  Member  States  relating  to  the  classification,
packaging and labelling of dangerous preparations (Text with EEA relevance)

Deadline for transposal: 31.7.2002

Member States which have notified: B, DK, EL, A, FI, UK

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

2002/0526, LET: 30.9.2002, Termination: 17.12.2002
2002/0487, LET: 30.9.2002
2002/0533, LET: 30.9.2002, Termination: 17.12.2002
2002/0544, LET: 30.9.2002
2002/0452, LET 30.9.2002
2002/0519, LET: 30.9.2002
2002/0498, LET: 30.9.2002
2002/0463, LET: 30.9.2002
2002/0477, LET: 30.9.2002
2002/0556, LET: 30.9.2002
2002/0580, LET: 30.9.2002, Termination: 17.12.2002
2002/0575, LET: 30.9.2002
2002/0508, LET 30.9.2002, Termination 17.12.2002

32001L0090
Commission  Directive  2001/90/EC  of  26.10.1  adapting  to  technical  progress  for  the  7th
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 (creosote) (Text with EEA relevance)

Deadline for transposal: 31.12.2002

Member States which have notified: B, D, E

32001L0091
Commission  Directive  2001/91/EC  of  29.10.1  adapting  to  technical  progress  for  the  8th
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)

Deadline for transposal: 31.12.2002

Member States which have notified: DK, D, E

Aerospace, defence, railway and shipping industries

32000L0009
relating to cableway installations designed to carry persons

Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000

Deadline for transposal: 03.5.2002

Member States which have notified: E, S

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

2002/0354, LET: 16.7.2002
2002/0364, LET: 16.7.2002, RO: 19.12.2002
2002/0404, LET: 16.7.2002, RO: 19.12.2002
2002/0408, LET 16.7.2002, Termination 17.12.2002
2002/0340, LET 16.7.2002
2002/0389, LET: 16.7.2002, RO: 19.12.2002
2002/0374, LET: 16.7.2002, RO: 19.12.2002
2002/0347, LET: 16.7.2002, RO: 19.12.2002
2002/0358, LET: 16.7.2002, RO: 19.12.2002
2002/0425, LET 16.7.2002, RO 19.12.2002
2002/0414, LET: 16.7.2002
2002/0434, LET 16.7.2002, Termination 17.12.2002
2002/0382, LET: 16.7.2002, RO: 19.12.2002

Pharmaceuticals and Cosmetics

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)

Deadline for transposal: 31.12.1997

Member States which have notified:

B, DK, EL, E, IR, I, L, NL, A, P, FI, UK

GERMANY
FRANCE
SWEDEN

1998/0017, RO 04.9.1998
1998/0040, RO 04.9.1998
1998/0092, RO 04.9.1998

32000L0037
Commission  Directive  2000/37/EC  of  5  June  2000  amending  Chapter  VIa
'Pharmacovigilance'  of  Council  Directive  81/851/EEC  on  the  approximation  of  the  laws  of  the  Member
States relating to veterinary medicinal products (Text with EEA relevance)

Deadline for transposal: 05.12.2001

Member States which have notified: B, DK, EL, E, IR, L, NL, FI, S, UK

BELGIUM
DENMARK
GERMANY
GREECE
SPAIN
FRANCE
IRELAND
ITALY
LUXEMBOURG
AUSTRIA

2002/0017, LET: 12.2.2002, Termination: 26.6.2002
2002/0071, LET 12.2.2002, Termination 17.12.2002
2002/0035, LET: 12.2.2002, RO: 01.7.2002, Referral (decision): 17.12.2001
2002/0083, LET: 12.2.2002, RO: 01.7.2002, Termination 17.12.2002
2002/0090, LET 12.2.2002, Termination 26.6.2002
2002/0001, LET: 12.2.2002, RO: 22.7.2002,
2002/0062, LET 12.2.2002, Termination 26.6.2002
2002/0045, LET: 12.2.2002, RO: 07.11.2002
2002/0010, LET 12.2.2002, Termination 26.6.2002
2002/0109, LET: 12.2.2002

PORTUGAL
FINLAND
UNITED KINGDOM

2002/0098, LET: 12.2.2002, RO: 01.7.2002
2002/0122, LET 12.2.2002, Termination 26.6.2002
2002/0055, LET 12.2.2002, Termination 26.6.2002

32000L0038
Commission  Directive  2000/38/EC  of  5  June  2000  amending  Chapter  Va
(Pharmacovigilance)  of  Council  Directive  75/319/EEC  on  the  approximation  of  provisions  laid  down  by
law, regulation or administrative action relating to medicinal products (Text with EEA relevance)

Deadline for transposal: 05.12.2001

Member States which have notified: B, DK, EL, E, IR, L, NL, FI, S, UK

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

2002/0018, LET 12.2.2002, Termination 26.6.2002
2002/0072, LET 12.2.2002, Termination 17.12.2002
2002/0036, LET: 12.2.2002, RO: 01.7.2002, Referral (decision): 17.12.2001
2002/0091, LET 12.2.2002, Termination 17.12.2002
2002/0002, LET: 12.2.2002
2002/0063, LET: 12.2.2002, Termination: 17.12.2002
2002/0046, LET: 12.2.2002, RO: 07.11.2002
2002/0011, LET 12.2.2002, Termination 26.6.2002
2002/0029, LET 12.2.2002, Termination 17.12.2002
2002/0110, LET: 12.2.2002
2002/0099, LET: 12.2.2002, RO: 01.7.2002
2002/0123, LET 12.2.2002, Termination 26.6.2002
2002/0056, LET 12.2.2002, Termination 26.6.2002

Commission Directive 2000/41/EC of 19 June 2000 postponing for a second time the date
32000L0041
after which animal tests are prohibited for ingredients or combinations of ingredients of cosmetic products
(Text with EEA relevance)

Deadline for transposal: 29.6.2000

Member States which have notified:

B, DK, EL, E, IR, I, L, NL, A, P, FI, UK

Motor Vehicles

31999L0026
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)

Commission Directive 1999/26/EC of 20 April 1999 adapting to technical progress Council

Deadline for transposal: 31.12.1999

Member States which have notified: all

AUSTRIA

2000/0346, Termination: 26.6.2002

31999L0040
Commission Directive 1999/40/EC of 6 May 1999 adapting to technical progress Council
Directive  79/622/EEC  relating  to  the  roll-over  protection  structures  of  wheeled  agricultural  or  forestry
tractors (static testing) (Text with EEA relevance)

Deadline for transposal: 30.6.2000

Member States which have notified:

 all except NL

NETHERLANDS
AUSTRIA

2000/0547, LET: 08.8.2000
2000/0739, Termination: 26.6.2002

Commission Directive 1999/55/EC of 1 June 1999 adapting to technical progress Council
31999L0055
Directive  77/536/EEC  relating  to  the  roll-over  protection  structures  of  wheeled  agricultural  or  forestry
tractors (Text with EEA relevance)

Deadline for transposal: 30.6.2000

Member States which have notified:

all except NL

NETHERLANDS

2000/0546, LET: 08.8.2000

31999L0086
Council  Directive  1999/86/EC  of  11  November  1999  adapting  to  technical  progress
Directive 76/763/EEC on the approximation of the laws of the Member States relating to passenger seats
for wheeled agricultural or forestry tractors

Deadline for transposal: 01.1.2001

Member States which have notified: all except NL

GREECE 
NETHERLANDS
AUSTRIA
PORTUGAL

2001/0091, Case C-2002/59, Action withdrawn: 24.4.2002
2001/0031, LET: 23.3.2001
2001/0117, Termination: 26.6.2002
2001/0107, Termination: 2003.2002

31999L0096
Directive  1999/96/EC  of  the  European  Parliament  and  of  the  Council  of  13  December
1999 on the approximation of the laws of the Member States relating to measures to be taken against the
emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and
the  emission  of  gaseous  pollutants  from  positive  ignition  engines  fuelled  with  natural  gas  or  liquefied
petroleum gas for use in vehicles and amending Council Directive 88/77/EEC

Deadline for transposal: 01.7.2000

Member States which have notified:

 all

PORTUGAL
AUSTRIA

2000/0706, Termination: 24.4.2002
2000/0734, Termination: 26.6.2002

31999L0099
Commission  Directive  1999/99/EC  of  15  December  1999  adapting  to  technical  progress
Council  Directive  80/1269/EEC  on  the  approximation  of  the  laws  of  the  Member  States  relating  to  the
engine power of motor vehicles (Text with EEA relevance)

Deadline for transposal: 01.1.2000

Member States which have notified:

 all

AUSTRIA

2000/0340, Termination: 26.6.2002

31999L0100
Commission Directive 1999/100/EC of 15 December 1999 adapting to technical progress
Council Directive 80/1268/EEC relating to the carbon dioxide emissions and the fuel consumption of motor
vehicles (Text with EEA relevance)

Member States which have notified:

all

AUSTRIA

2000/0339, Termination: 26.6.2002

Deadline for transposal: 31.12.1999

Commission Directive 1999/101/EC of 15 December 1999 adapting to technical progress
31999L0101
Council  Directive  70/157/EEC  relating  to  the  permissible  sound  level  and  the  exhaust  system  of  motor
vehicles (Text with EEA relevance)

Deadline for transposal: 31.3.2000

Member States which have notified:

all

AUSTRIA

2000/0733, Termination: 26.6.2002

31999L0102
Commission Directive 1999/102/EC of 15 December 1999 adapting to technical progress
Council  Directive  70/220/EEC  relating  to  measures  to  be  taken  against  air  pollution  by  emissions  from
motor vehicles (Text with EEA relevance)

Deadline for transposal: 31.12.1999

Member States which have notified:

all

AUSTRIA

2000/0338, Termination: 26.6.2002

32000L0001
Commission  Directive  2000/1/EC  of  14  January  2000  adapting  to  technical  progress
Council Directive 89/173/EEC as regards certain components and characteristics of wheeled agricultural
or forestry tractors (Text with EEA relevance)

Deadline for transposal: 30.6.2000

Member States which have notified:

 all

AUSTRIA
PORTUGAL

2000/0732, Termination: 26.6.2002
2000/0704, Termination: 30.1.2002

32000L0002  Commission  Directive  2000/2/EC  of  14  January  2000  adapting  to  technical  progress
Council Directive 75/322/EEC relating to the suppression of radio interference produced by spark-ignition
engines fitted to wheeled agricultural or forestry tractors and Council Directive 74/150/EEC relating to the
type-approval of wheeled agricultural or forestry tractors (Text with EEA relevance)

Deadline for transposal: 31.12.2000

Member States which have notified: all except NL

NETHERLANDS
AUSTRIA
PORTUGAL

2001/0028, LET: 23.3.2001
2001/0115, Termination: 26.6.2002
2001/0105, Referral Case C-2002/04, Withdrawn 26.6.2002

32000L0003
Commission  Directive  2000/3/EC  of  22  February  2000  adapting  to  technical  progress
Council  Directive  77/541/EEC  relating  to  safety  belts  and  restraint  systems  of  motor  vehicles  (Text  with
EEA relevance)

Deadline for transposal: 30.9.2000

Member States which have notified:

all

AUSTRIA

2000/0940, Termination: 26.6.2002

32000L0007
Directive 2000/7/EC of the European Parliament and of the Council of 20 March 2000 on
speedometers for two- or three-wheel motor vehicles and amending Council Directive 92/61/EEC on  the
type-approval of two- or three-wheel motor vehicles

Deadline for transposal: 31.12.2000

Member States which have notified: all

AUSTRIA
PORTUGAL

2001/0114, Termination: 26.6.2002
2001/0104, Termination: 24.4.2002

32000L0008
Directive  2000/8/EC  of  the  European  Parliament  and  of  the  Council  of  20  March  2000
amending Council Directive 70/221/EEC on the approximation of the laws of the Member States relating
to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers

Deadline for transposal: 03.5.2001

Member States which have notified: all

AUSTRIA
PORTUGAL

2001/0423, Termination: 26.6.2002
2001/0413, Termination: 26.6.2002

32000L0019
Commission Directive 2000/19/EC of 13 April 2000 adapting to technical progress Council
Directive 86/298/EEC on rear-mounted roll-over protection structures of narrow-track wheeled agricultural
and forestry tractors (Text with EEA relevance)

Deadline for transposal: 30.6.2001

Member States which have notified: all except NL

GREECE 
NETHERLANDS
AUSTRIA
PORTUGAL

2001/0402, Termination: 26.6.2002
2001/0359, LET: 20.7.2001
2001/0425, Termination: 26.6.2002
2001/0415, Termination: 26.6.2002

32000L0022
Commission Directive 2000/22/EC of 28 April 2000 adapting to technical progress Council
Directive  87/402/EEC  on  roll-over  protection  structures  mounted  in  front  of  the  driver's  seat  on  narrow-
track wheeled agricultural and forestry tractors (Text with EEA relevance)

Deadline for transposal: 30.6.2001

Member States which have notified: all

GREECE 
AUSTRIA
PORTUGAL

2001/0403, Termination: 26.6.2002
2001/0426, Termination: 26.6.2002
2001/0416, Termination: 20.3.2002

32000L0025
Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 on
action  to  be  taken  against  the  emission  of  gaseous  and  particulate  pollutants  by  engines  intended  to
power agricultural or forestry tractors and amending Council Directive 74/150/EEC

Member States which have notified:

all

AUSTRIA
PORTUGAL

2000/0939, Termination: 26.6.2002
2000/0935, Termination: 26.6.2002

Deadline for transposal: 29.9.2000

32001L0001
Directive  2001/1/EC  of  the  European  Parliament  and  of  the  Council  of  22  January  2001
amending  Council  Directive  70/220/EEC  concerning  measures  to  be  taken  against  air  pollution  by
emissions from motor vehicles

Deadline for transposal: 06.2.2002

Member States which have notified:

all except EL

GREECE
PORTUGAL

2002/0193, LET: 17.4.2002, RO: 19.12.2002
2002/0203, LET 17.4.2002, Termination 17.12.2002

Commission  Directive  2001/3/EC  of  8  January  2001  adapting  to  technical  progress
32001L0003
Council Directive 74/150/EEC relating to the type-approval of wheeled agricultural or forestry tractors and
Council Directive 75/322/EEC relating to the suppression of radio interference produced by spark-ignition
engines fitted to wheeled agricultural or forestry tractors (Text with EEA relevance)

Deadline for transposal: 30.6.2002

Member States which have notified:

B, DK, E, F, IR, I, L, NL, A, FI, UK

GERMANY
GREECE
IRELAND
ITALY
PORTUGAL
SWEDEN

2002/0365, LET: 16.7.2002
2002/0405, LET: 16.7.2002, RO: 19.12.2002
2002/0390, LET 16.7.2002, Termination 17.12.2002
2002/0375, LET: 16.7.2002, Termination: 17.12.2002
2002/0415, LET: 16.7.2002, RO: 19.12.2002
2002/0435, LET: 16.7.2002, RO: 19.12.2002

32001L0027
Commission Directive 2001/27/EC of 10 April 2001 adapting to technical progress Council
Directive  88/77/EEC on  the  approximation of  the  laws  of  the  Member  States  relating  to  measures  to  be
taken  against  the  emission  of  gaseous  and  particulate  pollutants  from  compression-ignition  engines  for
use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural
gas or liquefied petroleum gas for use in vehicles (Text with EEA relevance)

Deadline for transposal: 01.10.2001

Member States which have notified:

all except P

BELGIUM
GREECE
FRANCE
ITALY
LUXEMBOURG
AUSTRIA
PORTUGAL
c

2001/0600, LET 05.12.2001, Termination 26.6.2002
2001/0614, LET 05.12.2001, Termination 26.6.2002
2001/0595, LET: 05.12.2001, Termination: 20.3.2002
2002/0606, LET 05.12.2001, Termination 26.6.2002
2001/0597, LET: 05.12.2001, Termination: 26.6.2002
2001/0621, LET 05.12.2001, Termination 26.6.2002
2001/0018, LET: 05.12.2001, RO: 27.6.2002, Referral (decision): 17.12.2002

32001L0031
Directive 70/387/EEC relating to the doors of motor vehicles and their trailers (Text with EEA relevance)

Commission Directive 2001/31/EC of 8 May 2001 adapting to technical progress Council

Deadline for transposal: 30.9.2001

Member States which have notified:

all

BELGIUM
GERMANY
GREECE
IRELAND
LUXEMBOURG
AUSTRIA
PORTUGAL
SWEDEN

2001/0601, LET 05.12.2001, Termination 26.6.2002
2001/0604, LET 05.12.2001, Termination 26.6.2002
2001/0615, LET 05.12.2001, Termination 20.3.2002
2001/0610, LET 05.12.2001, Termination 26.6.2002
2001/0598, LET: 05.12.2001, Termination: 26.6.2002
2001/0622, LET 05.12.2001, Termination 26.6.2002
2001/0619, LET 05.12.2001, Termination 17.7.2002
2001/0626, LET 05.12.2001, Termination 26.6.2002

32001L0043
Directive  2001/43/EC  of  the  European  Parliament  and  of  the  Council  of  27  June  2001
amending  Council  Directive  92/23/EEC  relating  to  tyres  for  motor  vehicles  and  their  trailers  and  to  their
fitting

Deadline for transposal: 03.8.2002

Member States which have notified:

B, DK, E, F, IR, I, L, NL, FI, UK

GERMANY
GREECE
AUSTRIA
PORTUGAL
SWEDEN

2002/0485, LET: 30.9.2002
2002/0532, LET: 30.9.2002
2002/0566, LET: 30.9.2002
2002/0554, LET: 30.9.2002
2002/0573, LET: 30/09/2002

32001L0092
Commission  Directive  2001/92/EC  of  30  October  2001  adapting  to  technical  progress
Council Directive  92/22/EEC on safety glazing  and  glazing materials on motor vehicles  and  their trailers
and Council Directive 70/156/EEC relating to the type-approval  of motor vehicles and their  trailers  (Text
with EEA relevance)

Deadline for transposal: 30.6.2002

Member States which have notified:

B, DK, EL, E, F, IR, I, L, NL, FI, S, UK

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

2002/0401, LET 16.7.2002, Termination 17.12.2002
2002/0371, LET: 16.7.2002
2002/0407, LET 16.7.2002, Termination 17.12.2002
2002/0410, LET 16.7.2002, Termination 17.12.2002
2002/0343, LET: 16.7.2002, Termination: 17.12.2002
2002/0350, LET: 16.7.2002, Termination: 17.12.2002
2002/0360, LET 16.7.2002, Termination 17.12.2002
2002/0430, LET: 16.7.2002, RO: 19.12.2002
2002/0421, LET: 16.7.2002, RO: 19.12.2002
2002/0443, LET 16.7.2002, Termination 17.12.2002
2002/0438, LET: 16.7.2002, Termination: 17.12.2002
2002/0385, LET 16.7.2002, Termination 17.12.2002

32001L0100
Directive  2001/100/EC  of  the  European  Parliament  and  of  the  Council  of  7  December
2001 amending Council Directive 70/220/EEC on the approximation of the laws of the Member States on
measures  to  be  taken  against  air  pollution  by  emissions  from  motor  vehicles  (Text  with  EEA
relevance)Deadline for transposal: 30.6.2002

Member States which have notified:

D, E, IR, L, FI, UK

BELGIUM
DENMARK
GREECE
FRANCE
ITALY
NETHERLANDS
AUSTRIA
PORTUGAL
SWEDEN

2002/0596, LET: 21.11.2002
2002/0617, LET: 21.11.2002
2002/0622, LET: 21.11.2002
2002/0589, LET: 21.11.2002
2002/0608, LET 21.11.2002
2002/0600, LET: 21.11.2002
2002/0633, LET: 21.11.2002
2002/0629, LET: 21.11.2002
2002/0635, LET: 21.11.2002

32001L0116
Commission Directive 2001/116/EC of 20 December 2001 adapting to technical progress
Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-
approval of motor vehicles and their trailers.

for transposal: 01.7.2002

Member States which have notified:

DK, EL, E, F, IR, I, L, NL, UK

BELGIUM
GERMANY
FRANCE
NETHERLANDS
AUSTRIA
PORTUGAL
FINLAND
SWEDEN

2002/0468, LET: 30.9.2002
2002/0488, LET: 30.9.2002
2002/0453, LET 30.9.2002, Termination 17.12.2002
2002/0478, LET 30.9.2002, Termination 17.12.2002
2002/0568, LET: 30.9.2002
2002/0559, LET: 30.9.2002
2002/0583, LET: 30.9.2002
2002/0577, LET: 30.9.2002

32002L0078
Commission  Directive  2002/78/EC  of  1  October  2002  adapting  to  technical  progress
Council  Directive  71/320/EEC  on  the  approximation  of  the  laws  of  the  Member  States  relating  to  the
braking devices of certain categories of motor vehicles and their trailers

Deadline for transposal: 31.12.2002

Member States which have notified:

F, IR, S

Payment delays

32000L0035
combating late payment in commercial transactions

Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on

Deadline for transposal: 08.8.2002

Member States which have notified:

B, DK, D, F, IR, FI, S, UK

GREECE
SPAIN
ITALY
LUXEMBOURG
NETHERLANDS
AUSTRIA

2002/0530, LET 30.9.2002
2002/0541, LET: 30.9.2002
2002/0493, LET: 30.9.2002
2002/0459, LET: 30.9.2002
2002/0472, LET: 30.9.2002
2002/0563, LET: 30.9.2002

PORTUGAL

2002/0551, LET: 30.9.2002

ENVIRONMENT

Introductory

31996L0082
hazards involving dangerous substances

Council  Directive  1996/82/EC  of  9  December  1996  on  the  control  of  major-accident

Deadline for transposal: 03.2.1999

Member States which have notified: all except B and F

BELGIUM
GERMANY
IRELAND
FRANCE

1999/0457, Case C-2000/423, Judgment 17.1.2002
1999/0240, Case C-2000/383, Judgment 14.5.2002, Termination 26.6.2002
1999/0270, Case C-2000/394, Judgment 17.1.2002, Termination 26.6.2002
1999/0208, SLET 19.12.2002

31997L0011
assessment of the effects of certain public and private projects on the environment

Council  Directive  1997/11/EC  of  3  March  1997  amending  Directive  85/337/EEC  on  the

Deadline for transposal: 14.3.1999

Member States which have notified: all except B, F, and L

1999/0350, Judgment: 19.11.2002, Case C-2001/319
BELGIUM
1999/0399, Case C-2000/374, Action withdrawn: 17.7.2002
GREECE
FRANCE
1999/0338, Judgment: 07.11.2002, Case C-2001/348
LUXEMBOURG 1999/0343, Case C-2000/366, Judgment 19.2.2002, LET 228 19.12.2002

32001L0018
Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on
the  deliberate  release  into  the  environment  of  genetically  modified  organisms  and  repealing  Council
Directive 90/220/EEC

Deadline for transposal: 17.10.2002

Member States which have notified: DK

BELGIUM
GERMANY
GREECE
SPAIN
FRANCE
IRELAND
ITALY
LUXEMBOURG
NETHERLANDS
AUSTRIA

2002/0594, LET: 21.11.2002
2002/0601, LET: 21.11.2002
2002/0619, LET: 21.11.2002
2002/0624, LET 21.11.2002
2002/0586, LET: 21.11.2002
2002/0613, LET 21.11.2002
2002/0605, LET: 21.11.2002
2002/0591, LET: 21.11.2002
2002/0598, LET: 21.11.2002
2002/0631, LET: 21.11.2002

PORTUGAL
FINLAND
SWEDEN

2002/0626, LET: 21.11.2002
2002/0637, LET: 21.11.2002
2002/0634, LET: 21.11.2002

Water

31998L0083
for human consumption

Council Directive 98/83/EEC of 3 November 1998 relating to the quality of water intended

Deadline for transposal: 24.12.2000

Member States which have notified: all except B and E

BELGIUM 
DENMARK 
SPAIN 
FRANCE 
LUXEMBOURG
SWEDEN 

Air

2001/0160, Case C-2002/122
2001/0198, Termination: 20.3.2002
2001/0212, Case C-2002/029
2001/0145, Termination: 20.3.2002
2001/0153, Referral Case C-2002/120, Withdrawn 30.10.2002
2001/0231, Termination: 24.4.2002

31996L0061
prevention and control

Council  Directive  1996/61/EC  of  24  September  1996  concerning  integrated  pollution

Deadline for transposal: 30.10.1999

Member States which have notified: all except EL, L and UK

LUXEMBOURG
UNITED KINGDOM
GREECE
SPAIN
BELGIUM

2000/0026, SUPRO 28.10.2002
2000/0070, Case C-2001/039, Judgment 07.3.2002, LET 228 19.12.2002
2000/0105, Case C-2001/064, Judgment 07.3.2002, LET 228 19.12.2002
2000/0113, Case C-2001/029, Judgment 07.3.2002, Termination 17.12.2002
2000/2029, Case C-2001/435, Action withdrawn: 30.10.2002

31996L0062
management

Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and

Deadline for transposal: 21.5.1998

Member States which have notified: all except E

SPAIN

1998/0342

Judgement: 13.9.2001, Case C-1999/417

31998L0070
relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC

Directive 1998/70/EC of the European Parliament and of the Council of 13 October 1998

Member States which have notified: all except UK

UNITED KINGDOM

1999/0633, Referral: 24.1.2001, Case C-2001/030

Deadline for transposal: 01.7.1999

31999L0013
organic compounds due to the use of organic solvents in certain activities and installations

Council Directive 1999/13/EC of 11 March 1999 on  the limitation  of emissions of volatile

Member States which have notified: B, DK, D, EL, F, L, NL, A, P, FI, S

Deadline for transposal: 01.4.2001

BELGIUM 
DENMARK 
GERMANY 
GREECE 
SPAIN 
FRANCE 
IRELAND
ITALY 
AUSTRIA 
FINLAND 
UNITED KINGDOM

2001/0429, RO: 16.9.2002, Termination: 17.12.2002
2001/0292, Termination: 26.6.2002
2001/0263, Termination: 20.12.2001
2001/0298, Referral (decision) 26.6.2002, Termination 16.10.2002
2001/0305, Referral: 03.10.2000, Case C-2002/326
2001/0240, Termination: 20.3.2002
2001/0285, Case C-2002/330
2001/0270, Case C-2002/348
2001/2111, RO: 27.6.2002, Termination: 17.12.2002
2001/0328, Termination: 26.6.2002
2001/0277, Case C-2002/332

31999L0030
nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air

Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide,

Member States which have notified: all

Deadline for transposal: 19.7.2001

DENMARK
GERMANY
GREECE
SPAIN
FRANCE
IRELAND
ITALY
NETHERLANDS
PORTUGAL
UNITED KINGDOM 2001/0513, RO: 21.3.2002, Referral Case C-2002/231, Action withdrawn 16.10.2002

2001/0532, Termination: 20.3.2002
2001/0489, RO: 21.3.2002, Termination: 17.12.2002
2001/0536, RO: 21.3.2002, Termination: 16.10.2002
2001/0544, RO: 21.3.2002, Referral Case C-2002/234, Action withdrawn 17.12.2002
2001/0449, Termination: 20.3.2002
2001/0522, RO: 21.3.2002, Termination: 17.12.2002
2001/0500, RO: 21.3.2002, Termination: 26.6.2002
2001/0480, Termination: 20.3.2002
2001/0553, RO: 21.3.2002, Termination: 26.6.2002

31999L0032
content of certain liquid fuels and amending Directive 1993/12/EEC

Council  Directive  1999/32/EC  of  26  April  1999  relating  to  a  reduction  in  the  sulphur

Deadline for transposal: 01.7.2000

Member States which have notified: all

GERMANY
ITALY
UNITED KINGDOM

2000/0814, Case C-2002/108, Action withdrawn 16/10/2002
2000/0822, Case C-2001/350, Action withdrawn: 23.1.2002
2000/2272, RO: 21.12.2001, Termination: 26.6.2002

31999L0094  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

Member States which have notified: B, DK, EL, IRL, L, NL, A, P, FI, S

Deadline for transposal: 18.1.2001

GERMANY 
GREECE 
SPAIN 
FRANCE 
ITALY 
PORTUGAL 
UNITED KINGDOM

2001/0169, Case C-2002/074
2001/0203, Termination: 26.6.2002
2001/0211, Case C-2002/028
2001/0143, Case C-2002/161
2001/0176, Case C-2002/022
2001/0217, Termination: 24.4.2002
2001/0184, Case C-2002/062

32000L0069
2000 relating to limit values for benzene and carbon monoxide in ambient air

Directive  2000/69/EC  of  the  European  Parliament  and  of  the  Council  of  16  November

Deadline for transposal: 13.12.2002

Member States which have notified: D, E, F, IR, I, L, A, P, FI

32000L0071  Commission Directive 2000/71/EC of 7 November 2000 to adapt the measuring methods
as  laid  down  in  Annexes  I,  II,  III  and  IV  to  Directive  98/70/EC  of  the  European  Parliament  and  of  the
Council to technical progress as foreseen in Article 10 of that Directive (Text with EEA relevance)

Deadline for transposal: 01.1.2001

Member States which have notified: all except UK

ITALY 
AUSTRIA 
UNITED KINGDOM

2001/0175, Case C-2002/021, Action withdrawn 26.6.2002
2001/0224, Case C-2002/076, Action withdrawn 24.4.2002
2001/01824, Case C-2002/052

32000L0076
on the incineration of waste

Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000

Deadline for transposal: 28.12.2002

Member States which have notified: A

32001L0063
Commission  Directive  2001/63/EC  of  17  August  2001  adapting  to  technical  progress
Directive 97/68/EC of the European Parliament and of the Council 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

Deadline for transposal: 01.7.2002

Member States which have notified: DK, D, E, F, IR, I, L, NL, A, P, S, UK

BELGIUM
DENMARK
GREECE
AUSTRIA
PORTUGAL
FINLAND
SWEDEN

2002/0467, LET: 30.9.2002
2002/0527, LET: 30.9.2002, Termination: 17.12.2002
2002/0534, LET: 30.9.2002, RO: 19.12.2002
2002/0567, LET: 30.9.2002, Termination: 17.12.2002
2002/0557, LET: 30.9.2002, Termination: 17.12.2002
2002/0581, LET: 30.9.2002, RO: 19.12.2002
2002/0576, LET: 30.9.2002, Termination: 17.12.2002

32001L0080
on the limitation of emissions of certain pollutants into the air from large combustion plants

Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001

Deadline for transposal: 27.11.2002

Member States which have notified: FI, S

32001L0081
2001 on national emission ceilings for certain atmospheric pollutants

Directive  2001/81/EC  of  the  European  Parliament  and  of  the  Council  of  23  October

Deadline for transposal: 27.11.2002

Member States which have notified: L

Waste

Commission  Directive  1998/101/EC  of  22  December  1998  adapting  to  technical
31998L0101
progress  Council  Directive  1991/157/EEC  on  batteries  and  accumulators  containing  certain  dangerous
substances.

Deadline for transposal: 01.1.2000

Member States which have notified: all except I and UK

ITALY
UNITED KINGDOM

2000/0240, Case C-2001/323, Judgment 30.5.2002, LET 228 18.10.2002
2000/0252, Case C-2001/373

31999L0031

Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste

Member States which have notified: DK, D, E, F, IR, NL, A, P, FI, S

Deadline for transposal: 17.7.2001

BELGIUM
GERMANY
GREECE
SPAIN
IRELAND
ITALY
LUXEMBOURG
NETHERLANDS
PORTUGAL
FINLAND
UNITED KINGDOM

2001/0467, RO: 21.3.2002, Cse C-2002/370
2001/0490, RO: 21.3.2002, Termination: 16.10.2002
2001/0537, RO 21.3.2002, Case C-2002/351
2001/0545, Termination: 20.3.2002
2001/0523, RO: 27.6.2002, Termination: 17.12.2002
2001/0501, RO: 21.3.2002, Case C-2002/374
2001/0460, RO: 21.3.2002, Referral, suspended (decision): 16.10.2002
2001/0481, Termination: 26.6.2002
2001/0554, RO: 21.3.2002, Termination: 26.6.2002
2001/0586, RO: 21.3.2002, Termination: 26.6.2002
2001/0514, RO: 21.3.2002, Referral (decision): 26.6.2002

32000L0053
2000 on end-of-life vehicles

Directive  2000/53/EC  of  the  European  Parliament  and  of  the  Council  of  18  September

Deadline for transposal: 21.4.2002

Member States which have notified: DK, D, NL, A, S

BELGIUM
DENMARK
GERMANY
GREECE
SPAIN
FRANCE
IRELAND

2002/0244, LET: 06.6.2002, RO: 18.10.2002
2002/0287, LET 06.6.2002, Termination 16.10.2002
2002/0254, LET: 06.6.2002, Termination: 16.10.2002
2002/0293, LET: 06.6.2002, RO: 23.10.2002
2002/0302, LET: 06.6.2002, RO: 23.10.2002
2002/0228, LET: 06.6.2002, RO: 18.10.2002
2002/0279, LET: 06.6.2002, RO: 18.10.2002

ITALY
LUXEMBOURG
NETHERLANDS
AUSTRIA
PORTUGAL
FINLAND
SWEDEN
UNITED KINGDOM

2002/0261, LET: 06.6.2002, RO: 24.10.2002
2002/0236, LET: 06.6.2002, RO: 23.10.2002
2002/0250, LET 06.6.2002, Termination 16.10.2002
2002/0317, LET 06.6.2002, Termination 17.12.2002
2002/0309, LET: 06.6.2002, RO: 23.10.2002
2002/0332, LET: 06.6.2002, RO: 24.10.2002
2002/0324, LET: 06.6.2002, Termination: 16.10.2002
2002/0270, LET: 06.6.2002, RO: 23.10.2002

Nature

31992L0043
and of wild fauna and flora

Council  Directive  1992/43/EEC  of  21  May  1992  on  the  conservation  of  natural  habitats

Deadline for transposal: 10.6.1994

Member States which have notified: all

FRANCE

1994/0673

Termination: 30.1.2002

31999L0022

Council Directive 1999/22/EC of 29.3.99 on wild animals in zoos

Deadline for transposal: 09.4.2002

Member States which have notified: B, F, NL, S

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

2002/0286, LET: 06.6.2002, RO: 23.10.2002
2002/0251, LET: 06.6.2002, RO: 23.10.2002
2002/0289, LET: 06.6.2002, RO: 18.10.2002
2002/0299, LET: 06.6.2002, RO: 23.10.2002
2002/0225, LET: 06.6.2002, Termination: 16.10.2002
2002/0275, LET: 06.6.2002, RO: 23.10.2002
2002/0260, LET: 06.6.2002, RO: 23.10.2002
2002/0233, LET: 06.6.2002, RO: 17.12.2002 (suspension decision)
2002/0247, LET 06.6.2002, Termination 16.10.2002
2002/0316, LET: 06.6.2002, RO: 23.10.2002
2002/0306, LET: 06.6.2002, RO: 23.10.2002
2002/0329, LET: 06.6.2002, RO: 23.10.2002
2002/0323, LET: 06.6.2002, Termination: 16.10.2002
2002/0267, LET: 06.6.2002, RO: 23.10.2002

Noise

32000L0014
Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the
approximation  of  the  laws  of  the  Member  States  relating  to  the  noise  emission  in  the  environment  by
equipment for use outdoors

Deadline for transposal: 19.7.2001

Member States which have notified: all except EL, I et UK

BELGIUM 

2001/0471, Termination: 26.6.2002

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

2001/0533, Termination: 26.6.2002
2001/0493, RO: 21.3.2002, Termination: 17.12.2002
2001/0540, RO: 21.3.2002, Case C-2002/352
2001/0547, Termination: 26.6.2002
2002/0134, LET 17.4.2002, Termination 26.6.2002
2001/0528, Termination: 20.3.2002
2001/0505, RO: 21.3.2002, Case C-2002/349
2001/0463, Termination: 20.3.2002
2001/0485, Termination: 20.3.2002
2001/0558, RO: 21.3.2002, Termination: 26.6.2002
2001/0589, Termination: 20.3.2002
2001/0579, Termination: 20.3.2002
2002/2034, RO: 12.7.2002, Referral (decision): 17.12.2002

Chemicals and biotechnology

31993L0090  Commission Directive 1993/90/EEC of 29 October 1993 concerning the list of substances
referred to in Article 13 (1) (5th indent) of Council Directive 1967/548/EEC

Member States which have notified: all except UK

UNITED KINGDOM

1993/1095, Referral: 24.1.2001, Case C-2001/030

Deadline for transposal: 31.10.1993

31996L0054  Commission Directive 1996/54/EC of 30 July 1996 adapting to technical progress for the
twenty-second  time  Council  Directive  1967/548/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)

Deadline for transposal: 31.10.1997 and 31.5.1998

Member States which have notified: all except UK

UNITED KINGDOM

1998/0486, Referral: 24.1.2001, Case C-2001/030

31997L0035  Commission Directive 1997/35/EC of 18 June 1997 adapting to technical progress for the
second time Council Directive 1990/220/EEC on the deliberate release into the environment of genetically
modified organisms

Deadline for transposal: 30.7.1997

Member States which have notified: all except UK

UNITED KINGDOM

1997/0538, Referral: 24.1.2001, Case C-2001/030

31997L0069  Commission Directive 1997/69/EC of 5 December 1997 adapting to technical progress for
the  twenty-third  time  Council  Directive  1967/548/EEC  on  the  approximation  of  laws,  regulations  and
administrative provisions relating to the classification, packaging and labelling of dangerous substances

Deadline for transposal: 16.12.1998

Member States which have notified: all except UK

UNITED KINGDOM

1999/0089, Referral: 24.1.2001, Case C-2001/030

31998L0008  Directive 1998/8/EC of the European Parliament and of the Council of 16 February 1998
concerning the placing of biocidal products on the market

Deadline for transposal: 13.5.2000

Member States which have notified: all except F, L and UK

GERMANY
SPAIN
FRANCE
IRELAND
LUXEMBOURG
PORTUGAL
UNITED KINGDOM

2000/0568, Case C-2001/347, Action withdrawn: 16.10.2002
2000/0696, Case C-2001/352, Judgment 07.11.2002, Termination 17.12.2002
2000/0491, Case C-2002/114
2000/0628, Case C-2001/376, Judgment 30.5.2002, Termination 26.6.2002
2000/0512, Case C-2001/372, Judgment 16.5.2002, LET 228 19.12.2002
2000/0725, Case C-2001/391, Action withdrawn: 26.6.2002
2000/0607, RO: 02.2.2001, Referral: 27.9.2001, Case C-2001/374

31998L0081  Council Directive 1998/81/EC of 26 October 1998 amending Directive 90/219/EEC on the
contained use of genetically modified micro-organisms

Deadline for transposal: 05.6.2000

Member States which have notified: DK, D, EL, IR, I, NL, P, FI, S, UK

BELGIUM
GERMANY
GREECE
SPAIN
FRANCE
LUXEMBOURG 2000/0509, Referral Case C-2002/325
AUSTRIA

2000/0533, Case C-2001/436
2000/0565, Case C-2001/346, Action withdrawn: 16.10.2002
2000/0675, Case C-2001/371, Action withdrawn: 18.9.2002
2000/0694, Case C-2001/333
2000/0489, SLET 25.7.2001

2000/0744, Case C-2001/345

31998L0098 
Commission  Directive  1998/98/EC  of  15  December  1998  adapting  to  technical
progress for the twenty-fifth 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

Deadline for transposal: 01.7.2000

Member States which have notified: all except UK

UNITED KINGDOM

2000/2273, Case C-2002/310

32000L0021  Commission  Directive  2000/21/EEC  of  25  April  2000  concerning  the  list  of  Community
legislation referred to in the fifth indent of Article 13(1) of Council Directive 67/548/EEC)

Deadline for transposal: 01.4.2001

Member States which have notified: all except F, L and UK

GREECE 
SPAIN 
FRANCE 
LUXEMBOURG
UNITED KINGDOM

2001/0300, Termination: 26.6.2002
2001/0306, Termination: 20.3.2002
2001/0241, Case C-2002/307
2001/0247, Case C-2002/308
2001/0278, Case C-2002/305

32000L0032
Commission Directive 2000/32/EC of 19 May 2000 adapting to technical progress for the
26th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative
provisions relating to the classification, packaging and labelling of dangerous substances

Member States which have notified: all except UK

GREECE 
AUSTRIA 
FINLAND 
UNITED KINGDOM

2001/0404, Termination: 26.6.2002
2001/0427, Termination: 26.6.2002
2001/2209, Termination: 20.3.2002
2001/2159, RO: 27.6.2002, Referral (decision): 17.12.2002

Deadline for transposal: 01.6.2001

32000L0033
Commission Directive 2000/33/EC of 25 April 2000 adapting to technical progress for the
27th  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 (Text with EEA
relevance.)

Deadline for transposal: 01.10.2001

Member States which have notified: all

DENMARK 
GREECE 
IRELAND 
FINLAND 
SWEDEN 

2001/0611, Termination: 26.6.2002
2001/0613, Termination: 26.6.2002
2001/0609, RO: 27.6.2002, Termination: 17.12.2002
2001/0628, Termination: 26.6.2002
2001/0624, Termination: 26.6.2002

32001L0059
Commission  Directive  2001/59/EC  of  06.8.2001  adapting  to  technical  progress  for  the
28th  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 (Text with EEA
relevance.)

Deadline for transposal: 31.7.2002

Member States which have notified: B, DK, D, EL, E, I, L, NL, A, P, S

DENMARK
SPAIN
FRANCE
IRELAND
ITALY
FINLAND
UNITED KINGDOM

2002/0525, LET: 30.9.2002, Termination: 17.12.2002
2002/0543, LET: 30.9.2002, Termination: 17.12.2002
2002/0451, LET: 30.9.2002
2002/0518, LET: 30.9.2002, RO: 19.12.2002
2002/0497, LET 30.9.2002, Termination 17.12.2002
2002/0329, LET: 30.9.2002
2002/0267, LET: 30.9.2002

Radiation protection

31996L0029  Council  Directive  1996/29/Euratom  of  13  May  1996  laying  down  basic  safety  standards
for the protection of the health of workers and the general public against the dangers arising from ionizing
radiation

Deadline for transposal: 13.5.2000

Member States which have notified: all except D, F and UK

DENMARK
GERMANY
FRANCE
NETHERLANDS

2000/2131, Referral 26.6.2002 (suspension decision)
2000/2130, Case C-2002/107, Action withdrawn: 17.12.2002
2000/2133, Case C-2001/483
2000/2136, Termination: 26.6.2002

PORTUGAL
UNITED KINGDOM 

2000/2137, Case C-2001/389, Action withdrawn: 15.10.2002
2000/2139, Case C-2002/218

31997L0043
against the dangers of ionizing radiation in relation to medical exposure

Council  Directive  1997/43/Euratom  of  30  June  1997  on  health  protection  of  individuals

Member States which have notified: all except F, UK

Deadline for transposal: 13.5.2000

GERMANY
FRANCE
IRELAND
NETHERLANDS
PORTUGAL
UNITED KINGDOM 

2000/2143, Case C-2002/106, Action withdrawn: 16.10.2002
2000/2147, Case C-2001/484
2000/2148, Case C-2001/375, Action withdrawn: 26.11.2002
2000/2151, Referral (decision), Action withdrawn 26.6.2002
2000/2152, Case C-2001/390, Action withdrawn: 10.10.2002
2000/2154, Case C-2002/210

EUROSTAT

32001L0109
Parliament  and  Council  Directive  2001/109/EC  of  19  December  2001  concerning  the
statistical surveys to be carried out by the Member States in order to determine the production potential of
plantations of certain species of fruit trees

Deadline for transposal: 16.4.2002

Member States which have notified: all except B and L

BELGIUM
SPAIN
FRANCE
IRELAND
LUXEMBOURG
SWEDEN

2002/0245, LET: 06.6.2002
2002/0305, LET 06.6.2002, Termination 17.12.2002
2002/0230, LET 06/06/2002, Termination 17.12.2002
2002/0282, LET: 06.6.2002, Termination: 17.12.2002
2002/0283, LET: 06.6.2002
2002/0325, LET: 06.6.2002, Termination: 17.12.2002

INFORMATION SOCIETY

31995L0047
the use of standards for the transmission of television signals

Directive 95/47/EC of the European Parliament and of the Council of 24 October 1995 on

Deadline for transposal: 23.8.1996

Member States which have notified: all

FRANCE
NETHERLANDS

1996/0966, Termination: 20.3.2002
1996/1034, Termination: 16.10.2002

31997L0066
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
Deadline for transposal: 24/10/1998 and 24/10/2000 (Article 5)

Member States which have notified: all except IRL and L

FRANCE
IRELAND
ITALY (Article 5)
LUXEMBOURG
LUXEMBOURG (Article 5)

1998/2336, Termination: 17.12.2002
1998/2337, Case C-2001/459
2000/0917, Case C-2002/267, Action withdrawn: 17.12.2002
1998/2338, Case C-2002/211
2000/0907, Case C-2002/211

31998L0010
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
telecommunications in a competitive environment

Member States which have notified: all except F

FRANCE

1998/0338, Judgment: 13.6.2002, Case C-2001/286

Deadline for transposal: 30.6.1998

31999L0093
1999 on a Community framework for electronic signatures

Directive  1999/93/EC  of  the  European  Parliament  and  of  the  Council  of  13  December

Deadline for transposal: 19.7.2001

Member States which have notified: all except NL, P, FI

IRELAND
ITALY
NETHERLANDS
PORTUGAL
FINLAND
UNITED KINGDOM

2001/0527, Termination: 20.3.2002
2001/0504, Termination: 26.6.2002
2001/0484, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0557, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0588, RO: 01.7.2002, Referral (decision): 17.12.2002
2001/0516, Termination: 26.6.2002

JUSTICE AND HOME AFFAIRS

32001L0040
the expulsion of third country nationals

Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition  of decisions on

Deadline for transposal: 02.12.2002

Member States which have notified: NL
(No national measures needed for DK and IRL)

INTERNAL MARKET

FREE MOVEMENT OF GOODS

Cultural goods

32001L0038
Directive  2001/38/EC  of  the  European  Parliament  and  of  the  Council  of  5  June  2001
amending  Council  Directive  93/7/EEC  on  the  return  of  cultural  objects  unlawfully  removed  from  the
territory of a Member State (Text with EEA relevance)

Member States which have notified: D, E, I,IRL, NL, A, P, FI, S, UK

Deadline for transposal: 31.12.2001

BELGIUM
DENMARK
GREECE
FRANCE
IRELAND
LUXEMBOURG
NETHERLANDS

2002/0466, LET: 30.9.2002, RO: 19.12.2002
2002/0524, LET 30.9.2002
2002/0531, LET: 30.9.2002
2002/0448, LET: 30.9.2002, RO: 19.12.2002
2002/0515, LET: 30/09/2002 (national measures notified)
2002/0460, LET: 30.9.2002, RO: 19.12.2002
2002/0473, LET: 30.9.2002 (national measures notified)

FREE MOVEMENT OF SERVICES

Banks

31998L0031
amending Council Directive 93/6/EEC on the capital adequacy of investment firms and credit institutions

Directive  98/31/EC  of  the  European  Parliament  and  of  the  Council  of  22  June  1998

Deadline for transposal: 21.7.2000

Member States which have notified: all

SPAIN

2000/0860, Termination: 30.1.2002

31998L0033
Directive  98/33/EC  of  the  European  Parliament  and  of  the  Council  of  22  June  1998
amending Article 12 of Council Directive 77/780/EEC on the taking up and pursuit of the business of credit
institutions, Articles 2, 5, 6, 7, 8 of and Annexes II and III to Council Directive 89/647/EEC on a solvency
ratio  for  credit  institutions  and  Article  2  of  and  Annex  II  to  Council  Directive  93/6/EEC  on  the  capital
adequacy of investment firms and credit institutions

Deadline for transposal: 21.7.2000

Member States which have notified: all

SPAIN

2000/0859, Termination: 30.1.2002

32000L0028
Directive  2000/28/EC  of  the  European  Parliament  and  of  the  Council  of  18  September
2000  amending  Directive  2000/12/EC  relating  to  the  taking  up  and  pursuit  of  the  business  of  credit
institutions

Deadline for transposal: 27.4.2002

Member States which have notified: DK, D, E, IRL, I, L, NL, A, P, S, UK

BELGIUM
GERMANY
GREECE
SPAIN
FRANCE
IRELAND
NETHERLANDS
FINLAND
UNITED KINGDOM

2002/0242, LET: 06/06/2001, RO: 19.12.2002
2002/0252, LET: 06.6.2002, Termination: 17.12.2002
2002/0291, LET: 06.6.2002, RO: 19.12.2002
2002/0300, LET: 06.6.2002 (national measures notified)
2002/0226, LET: 06.6.2002, RO: 19.12.2002
2002/0277, LET 06.6.2002, Termination 17.12.2002
2002/0248, LET 06.6.2002, Termination 17.12.2002
2002/0330, LET: 06.6.2002, RO: 19.12.2002
2002/0268, LET 06.6.2002, Termination 17.12.2002

32000L0046
Directive  2000/46/EC  of  the  European  Parliament  and  of  the  Council  of  18  September
2000  on  the  taking  up,  pursuit  of  and  prudential  supervision  of  the  business  of  electronic  money
institutions

Deadline for transposal: 27.4.2002

Member States which have notified: DK, D, E, IRL, I, L, NL, A, P, S, UK

BELGIUM
GERMANY
GREECE
SPAIN
FRANCE
IRELAND
NETHERLANDS
FINLAND
UNITED KINGDOM

2002/0243, LET: 06.6.2001, RO: 19.12.2002
2002/0253, LET 06.6.2002, Termination 17.12.2002
2002/0292, LET: 06.6.2002, RO: 19.12.2002
2002/0301, LET: 06.6.2002 (national measures notified)
2002/0227, LET: 06.6.2002, RO: 19.12.2002
2002/0278, LET 06.6.2002, Termination 17.12.2002
2002/0249, LET 06.6.2002, Termination 17.12.2002
2002/0331, LET: 06.6.2002, RO: 19.12.2002
2002/0269, LET 06.6.2002, Termination 17.12.2002

Insurance

31998L0078
the supplementary supervision of insurance undertakings in an insurance group

Directive 98/78/EC of the European Parliament and of the Council of 27 October 1998 on

Member States which have notified: all

Deadline for transposal: 05.6.2000

GREECE
PORTUGAL

2000/0676, Case C-2001/312, Judgment 12.9.2002, Termination 17.12.2002
2000/0723, Termination: 20.3.2002

Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on
32000L0026
the approximation of the laws of the Member States relating to insurance against civil liability in respect of
the use of  motor  vehicles  and  amending  Council  Directives  73/239/EEC  and  88/357/EEC  (Fourth  motor
insurance Directive)

Deadline for transposal: 20.7.2002

Member States which have notified: D, E, A, FI, S

BELGIUM
DENMARK

2002/0465, LET: 30.9.2002
2002/0522, LET 30.9.2002

GREECE
SPAIN
FRANCE
IRELAND
ITALY
LUXEMBOURG
NETHERLANDS
PORTUGAL
UNITED KINGDOM

2002/0529, LET: 30.9.2002, RO: 19.12.2002
2002/0539, LET: 30.9.2002, Termination: 17.12.2002
2002/0445, LET: 30.9.2002, RO: 19.12.2002
2002/0512, LET: 30.9.2002, RO: 19.12.2002
2002/0492, LET: 30.9.2002, RO: 19.12.2002
2002/0457, LET: 30.9.2002, RO: 19.12.2002
2002/0470, LET: 30.9.2002, RO: 17.12.2002 (decision)
2002/0459, LET: 30.9.2002, RO: 19.12.2002
2002/0503, LET: 30.9.2002, RO: 19.12.2002

Investments

31997L0009
investor-compensation schemes

Directive 1997/9/EC of the European Parliament and of the Council of 3  March 1997  on

Deadline for transposal: 26.9.1998

Member States which have notified: all except UK (Gibraltar)

UNITED KINGDOM

2000/2035, Case C-2001/489 (Gibraltar)

32000L0064
Directive 2000/64/EC of the European Parliament and of the Council of 7 November 2000
amending Council Directives 85/611/EEC, 92/49/EEC, 92/96/EEC and 93/22/EEC as regards exchange of
information with third countries

Deadline for transposal: 17.11.2002

Member States which have notified: E, F, P

Postal services

32002L0039
the further opening to competition of Community postal services

Parliament and Council Directive 2002/39/EC amending Directive 97/67/EC with regard to

Deadline for transposal: 31.12.2002

Member States which have notified: B, D, S

Media in the Information Society

31998L0084
on the legal protection of services based on, or consisting of, conditional access

Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998

Deadline for transposal: 28.5.2000

Member States which have notified: all except B, EL and E

BELGIUM
GERMANY
GREECE
SPAIN

2000/0532, Referral 20.12.2001 (decision)
2000/0564, Termination: 26.6.2002
2000/0674, Case C-2002/219
2000/0693, Case C-2002/058

LUXEMBOURG
PORTUGAL
FINLAND

2000/0508, Referral (decision) 20.12.2001, Termination 17.12.2002
2000/0721, Termination: 20.3.2002
2000/0787, Termination: 26.6.2002

E-commerce

32000L0031
Directive 2000/31/EC of the European Parliament and of the Council  of 8 June  2000 on
certain  legal  aspects  of  information  society  services,  in  particular  electronic  commerce,  in  the  Internal
Market (Directive on electronic commerce)

Deadline for transposal: 17.1.2002

Member States which have notified: DK, D, E, L, A, FI, S, UK

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

2002/0150, LET: 17.4.2002, RO: 19.12.2002
2002/0186, LET 17.4.2002, Termination 16.10.2002
2002/0158, LET 17.4.2002, Termination 16.10.2002
2002/0191, LET: 17.4.2002, RO: 19.12.2002
2002/0198, LET 17.4.2002, Termination 16.10.2002
2002/0135, LET: 17.4.2002, RO: 19.12.2002
2002/0181, LET: 17.4.2002, RO: 19.12.2002
2002/0166, LET: 17.4.2002, RO: 19.12.2002
2002/0155, LET: 17.4.2002, RO: 19.12.2002
2002/0208, LET 17.4.2002, Termination 17.12.2002
2002/0201, LET: 17.4.2002, RO: 19.12.2002
2002/0222, LET 17.4.2002, Termination 16.10.2002
2002/0217, LET 17.4.2002, Termination 16.10.2002
2002/0174, LET 17.4.2002, Termination 17.12.2002

THE BUSINESS ENVIRONMENT

Public procurement

31998L0004
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

Deadline for transposal: 16.2.1999 and 16.2.2000

Member States which have notified: all

GREECE

2001/0297, Termination: 26.6.2002

Commission Directive 2001/78/EC of 13 September 2001 amending Annex IV to Council
32001L0078
Directive 93/36/EEC, Annexes IV, V and VI to Council Directive 93/37/EEC, Annexes III and IV to Council
Directive  92/50/EEC,  as  amended  by  Directive  97/52/EC,  and  Annexes  XII  to  XV,  XVII  and  XVIII  to
Council Directive 93/38/EEC, as amended by Directive 98/4/EC (Directive on the use of standard forms in
the publication of public contract notices) (Text with EEA relevance)

Deadline for transposal: 01.5.2002

Member States which have notified: B, DK, E, IR, NL, FI, S, UK

Data protection

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on
31995L0046
the protection of individuals with regard to the processing of personal data and on the free movement of
such data

Deadline for transposal: 24.10.1998

Member States which have notified: all except IR

IRELAND
LUXEMBOURG 1998/0535, Termination: 16.10.2002

1998/0571, Referral: 29.11.2001, Case C-2001/459

Industrial property

31998L0044
legal protection of biotechnological inventions

Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the

Deadline for transposal: 30.7.2000

Member States which have notified: DK, EL, E, IR, FI, UK

BELGIUM
GERMANY
SPAIN
FRANCE
ITALY
LUXEMBOURG
NETHERLANDS
AUSTRIA
PORTUGAL
SWEDEN

2000/0802, RO 19.12.2002
2000/0815, RO 19.12.2002
2000/0858, Termination: 26.6.2002
2000/0789, RO 19.12.2002
2000/0823, RO 19.12.2002
2000/0797, RO 19.12.2002
2000/0807, RO 19.12.2002
2000/0880, RO 19.12.2002
2000/0870, RO 19.12.2002
2000/0891, RO 19.12.2002

31998L0071
the legal protection of designs

Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on

Deadline for transposal: 28.10.2001

Member States which have notified: DK, EL, F, IRL, I, FI, S, UK

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

2001/0599, RO: 01.7.2002, Referral (decision): 17.12.2002
2001/0603, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0612, RO: 01.7.2002, Termination: 17.12.2002
2001/0616, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0608, Termination: 17.12.2002
2001/0596, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0602, RO: 01.7.2002, Referral (decision): 17.12.2002
2001/0620, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0617, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0627, RO: 01.7.2002, Termination: 17.12.2002
2001/0623, RO: 01.7.2002, Termination: 17.12.2002
2001/0607, Termination: 26.6.2002

Copyright and related rights

32001L0029
the harmonisation of certain aspects of copyright and related rights in the information society

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on

Member States which have notified: EL

REGULATED PROFESSIONS (QUALIFICATIONS)

Deadline for transposal: 22.12.2002

31998L0005
Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to
facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in
which the qualification was obtained

Deadline for transposal: 14.3.2000

Member States which have notified: all except F, IRL, L

BELGIUM
FRANCE
IRELAND
LUXEMBOURG
NETHERLANDS

2000/0537, Case C-2002/132, Action withdrawn: 30.4.2002
2000/0494, Case C-2001/351, Judgment 26.9.2002
2000/0631, Case C-2001/362, Judgment 10.12.2002
2000/0515, Case C-2002/142
2000/0552, Case C-2002/149, Action withdrawn: 17.12.2002

31999L0042
Directive  1999/42/EC  of  the  European  Parliament  and  of  the  Council  of  7  June  1999
establishing  a  mechanism  for  the  recognition  of  qualifications  in  respect  of  the  professional  activities
covered  by  the  Directives  on  liberalisation  and  transitional  measures  and  supplementing  the  general
systems for the recognition of qualifications

Deadline for transposal: 31.7.2001

Member States which have notified: B, DK, D, F, L, NL, S

BELGIUM
GERMANY

GREECE 
SPAIN
IRELAND
ITALY 
LUXEMBOURG
NETHERLANDS

AUSTRIA
PORTUGAL
FINLAND
SWEDEN
UNITED KINGDOM

2001/0469, Termination: 09.4.2002
2001/0492, RO: 15.4.2002, Referral (decision): 17.7.2002
Termination: 17.12.2002
2001/0539, RO: 15.4.2002, Case C-2002/390
2001/0546, RO: 15.4.2002, Case C-2002/449
2001/0525, RO: 15.4.2002, Case C-2002/388
2001/0503, RO: 15.4.2002, Case C-2002/440
2001/0462, RO: 15.4.2002, Termination: 17.7.2002
2001/0482, RO: 15.4.2002, Referral (decision): 17.7.2002
Termination: 17.12.2002
2001/0564, RO: 15.4.2002, Referral (decision): 17.7.2002
2001/0556, RO: 15.4.2002, Case C-2002/393
2001/0587, RO: 15.4.2002, Referral (decision): 16.10.2002
2001/0577, Termination: 17.7.2002
2001/0515, RO: 15.4.2002, Case C-2002/405

Commission  Directive  2000/5/EC  of  25  February  2000  amending  Annexes  C  and  D  to
32000L0005
Council  Directive  92/51/EEC  on  a  second  general  system  for  the  recognition  of  professional  education
and training to supplement Directive 89/48/EEC (Text with EEA relevance)

Member States which have notified: all except B

Deadline for transposal: 27.2.2001

BELGIUM
GREECE
IRELAND

2001/0155, Referral 26.6.2002 (decision)
2001/0199, Termination: 30.1.2002
2001/0186, Referral (decision) 26.6.2002, Termination 17.12.2002

Directive  2001/19/EC  of  the  European  Parliament  and  of  the  Council  of  14  May  2001
32001L0019
amending  Council  Directives  89/48/EEC  and  92/51/EEC  on  the  general  system  for  the  recognition  of
professional  qualifications  and  Council  Directives  77/452/EEC,  77/453/EEC,  78/686/EEC,  78/687/EEC,
78/1026/EEC,  78/1027/EEC,  80/154/EEC,  80/155/EEC,  85/384/EEC,  85/432/EEC,  85/433/EEC  and
93/16/EEC  concerning  the  professions  of  nurse  responsible  for  general  care,  dental  practitioner,
veterinary surgeon, midwife, architect, pharmacist and doctor (Text with EEA relevance)

Deadline for transposal: 31.12.2002

Member States which have notified: none

HEALTH AND CONSUMER PROTECTION

Veterinary matters

31993L0118
the financing of health inspections and controls of fresh meat and poultrymeat

Council  Directive  93/118/EEC  of  22  December  1993  amending  Directive  85/73/EEC  on

Deadline for transposal: 31.12.1993 and 31.12.1994

Member States which have notified implementing measures: all except EL

GREECE

1995/0069, RO 228 24.2.2000

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

Deadline for transposal: 01.7.1997

Member States which have notified implementing measures: all except F

FRANCE

1997/0342, Case C-2002/342

31996L0023
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

Deadline for transposal: 30.6.1997

Member States which have notified implementing measures: all except F

FRANCE

1997/0343, Case C-2002/342

31996L0043
Council  Directive  96/43/EC  of  26  June  1996  amending  and  consolidating  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

Deadline for transposal: 01.1.1997, 01.7.1997 and 01.7.1999

Member States which have notified implementing measures: B, DK, E, F, I, L, NL, A, P, FI, S, UK

(Deadline for transposal: 01.7.1997)
GERMANY
GREECE

1997/0491, Judgment: 08/03/2001, Case C-1999/316
1997/0495, RO 228 15.1.2001

(Deadline for transposal: 01.7.1999)
IRELAND
GREECE

2000/0634, reasoned opinion 25.7.2001
2000/0682, Referral 20.12.2001 (suspension decision)

31997L0078
organisation of veterinary checks on products entering the Community from third countries

Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the

Deadline for transposal: 30.6.1999

Member States which have notified implementing measures: all except UK

UNITED KINGDOM

1999/0501, Referral 18.7.2001 (decision)

31997L0079
Council  Directive  97/79/EC  of  18  December  1997  amending  Directives  71/118/EEC,
72/462/EEC, 85/73/EEC, 91/67/EEC,  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

Deadline for transposal: 30.6.1999 and 01.7.1999

Member States which have notified implementing measures: all except UK

UNITED KINGDOM

1999/0502, Referral 20.12.2001 (decision)

31998L0058
farming purposes

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for

Deadline for transposal: 31.12.1999

Member States which have notified: all

GERMANY
AUSTRIA

2000/0406, Termination: 26.6.2002
2000/0462, Case C-2002/061, Action withdrawn: 16.10.2002

31999L0074
hens

Council Directive 1999/74/EC laying down minimum standards for the protection of laying

Deadline for transposal: 01.1.2002

Member States which have notified: DK, D, E, F, IR, L, NL, S, UK

BELGIUM
DENMARK
GERMANY
GREECE

2002/0149, LET: 17.4.2002, RO: 19.12.2002
2002/0185, LET 17.4.2002, Termination 17.12.2002
2002/0157, LET: 17.4.2002, Termination: 26.6.2002
2002/0190, LET: 17.4.2002, RO: 19.12.2002

IRELAND
ITALY
NETHERLANDS
AUSTRIA
PORTUGAL
FINLAND
SWEDEN
UNITED KINGDOM

2002/0180, LET 17.4.2002, Termination 26.6.2002
2002/0165, LET: 17.4.2002, RO: 19.12.2002
2002/0154, LET 17.4.2002, Termination 26.6.2002
2002/0207, LET: 17.4.2002, RO: 19.12.2002
2002/0200, LET: 17.4.2002, RO: 19.12.2002
2002/0221, LET: 17.4.2002
2002/0216, LET: 17.4.2002, Termination: 26.6.2002
2002/0173, LET 17.4.2002, Termination 17.12.2002

31999L0089
Council  Directive  1999/89/EC  of  15  November  1999  amending  Directive  91/494/EEC  on
animal  health  conditions  governing  intra-Community  trade  in  and  imports  from  third  countries  of  fresh
poultrymeat

Deadline for transposal: 01.7.2000

Member States which have notified: all except EL

GREECE

2000/0663, Referral: 04/12/2001, Case C-2001/466

31999L0090
Council  Directive  1999/90/EC  of  15  November  1999  amending  Directive  90/539/EEC  on
animal  health  conditions  governing  intra-Community  trade  in  and  imports  from  third  countries  of  poultry
and hatching eggs

Deadline for transposal: 01.7.2000

Member States which have notified: all

ITALY

2000/0575, Referral Case C-2001/458, Withdrawn 24.4.2002

Directive  2000/15/EC  of  the  European  Parliament  and  the  Council  of  10  April  2000
32000L0015
amending  Council  Directive  64/432/EEC  on  health  problems  affecting  intra-Community  trade  in  bovine
animals and swine

Deadline for transposal: 31.12.2000

Member States which have notified: all

GREECE
IRELAND

2001/0086, RO: 27.6.2002, Termination: 17.12.2002
2001/0069, RO: 27.6.2002, Termination: 17.12.2002

32000L0027
minimum Community measures for the control of certain fish diseases

Council Directive  2000/27/EC of 2 May  2000  amending  Directive  93/53/EEC  introducing

Deadline for transposal: 31.12.2000

Member States which have notified: all

ITALY

2001/0045, Termination: 26.6.2002

32000L0075
eradication of bluetongue

Council  Directive  2000/75/EC  laying  down  specific  provisions  for  the  control  and

Deadline for transposal: 01.1.2002

Member States which have notified: B, DK, D, E, F, IR, L, NL, A, P, FI, S

DENMARK
GERMANY
GREECE

2002/0187, LET 17.4.2002, Termination 26.6.2002
2002/0159, LET: 17.4.2002, Termination: 26.6.2002
2002/0192, LET: 17.4.2002, RO: 19.12.2002

IRELAND
ITALY
LUXEMBOURG
PORTUGAL
UNITED KINGDOM

2002/0182, LET 17.4.2002, Termination 26.6.2002
2002/0167, LET: 17.4.2002, RO: 19.12.2002
2002/0142, LET: 17.4.2002, Termination: 26.6.2002
2002/0202, LET: 17.4.2002, Termination: 17.12.2002
2002/0175, LET: 17.4.2002, RO: 19.12.2002

32001L0010
amending Council Directive 91/68/EEC as regards scrapie

Directive  2001/10/EC  of  the  European  Parliament  and  of  the  Council  of  22  May  2001

Deadline for transposal: 30.6.2001

Member States which have notified: all

GREECE 
FRANCE 
ITALY 
PORTUGAL
SWEDEN 

2001/0405, Termination: 17.12.2002
2001/0338, RO: 20.3.2002, Termination: 26.6.2002
2001/0377, Termination: 26.6.2002
2001/0419, Termination: 26.6.2002
2001/0435, Termination: 26.6.2002

32001L0089
control of classical swine fever (Text with EEA relevance)

Council  Directive  2001/89/EC  of  23  October  2001  on  Community  measures  for  the

Deadline for transposal: 01.11.2002

Member States which have notified: B, DK, E, NL, FI

Plant health

32000L0024
Commission  Directive  2000/24/EC  of  28  April  2000  amending  the  Annexes  to  Council
Directives  76/895/EEC,  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

Deadline for transposal: 31.12.2000

Member States which have notified: all

AUSTRIA
UNITED KINGDOM

2001/0112, Case C-2002/131 (implementing measures notified)
2001/0055, Termination: 26.6.2002

Commission  Directive  2000/42/EC  of  22  June  2000  amending  the  Annexes  to  Council
32000L0042
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 (Text with EEA relevance)

Deadline for transposal: 28.2.2001

Member States which have notified: all

GERMANY
LUXEMBOURG
AUSTRIA
UNITED KINGDOM

2001/0166, Termination: 20.3.2002
2001/0148, Termination: 26.6.2002
2001/0222, Case C-2002/353 (implementing measures notified)
2001/0180, Termination: 26.6.2002

32000L0048
Commission Directive 2000/48/EC of 25.7.00 amending the Annexes to Council Directives
86/362/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals and
certain products of plant origin, including fruit and vegetables respectively (Text with EEA relevance)

Deadline for transposal: 31.3.2001

Member States which have notified: all

GERMANY 
FINLAND
UNITED KINGDOM

2001/0265, Termination: 26.6.2002
2001/0329, Termination: 20.3.2002
2001/0279, Termination: 26.6.2002

32000L0057
Commission  Directive  2000/57/EC  of  22  September  2000  amending  the  Annexes  to
Council Directives 76/895/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in
and on fruit and vegetables and certain products of plant origin, including fruit and vegetables respectively
(Text with EEA relevance)

Deadline for transposal: 31.3.2001

Member States which have notified: all

GERMANY 
AUSTRIA
FINLAND
UNITED KINGDOM

2001/0266, Termination: 26.6.2002
2001/0320, Case C-2002/354 (implementing measures notified)
2001/0330, Termination: 20.3.2002
2001/0280, Termination: 26.6.2002

32000L0058
Commission  Directive  2000/58/EC  of  22  September  2000  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 (Text with EEA relevance)

Deadline for transposal: 31.3.2001

Member States which have notified: all

GERMANY 
AUSTRIA
UNITED KINGDOM

2001/0267, Termination: 26.6.2002
2001/0321, Case C-2002/355 (implementing measures notified)
2001/0281, Termination: 26.6.2002

32000L0081
Commission  Directive  2000/81/EC  of  18.12.00  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 (Text with EEA relevance)

Deadline for transposal: 01.7.2001

Member States which have notified: all

2001/0496, Termination: 26.6.2002
GERMANY 
2001/0452, RO: 27.6.2002, Termination: 17.12.2002
FRANCE 
AUSTRIA
2001/0569, RO: 27.6.2002, Referral (decision): 17.12.2002 (implementing measures notified)
FINLAND
2001/0591, Termination: 26.6.2002
UNITED KINGDOM 2001/0518, Termination: 26.6.2002

32000L0082
Commission  Directive  2000/82/EC  of  20.12.00  amending  the  Annexes  to  Council
Directives  76/895/EEC,  86/362/EEC,  86/363/EEC  and  90/642/EEC  on  the  fixing  of  maximum  levels  for
pesticide residues in and on fruit and vegetables, cereals, foodstuffs of animal origin and certain products
of plant origin, including fruit and vegetables respectively (Text with EEA relevance)

Deadline for transposal: 01.7.2001

Member States which have notified: all

2001/0497, Termination: 26.6.2002
GERMANY 
2001/0453, RO: 27.6.2002, Termination: 17.12.2002
FRANCE 
AUSTRIA 
2001/0570, RO: 27.6.2002, Referral (decision): 17.12.2002 (implementing measures notified)
FINLAND 
2001/0592, Termination: 26.6.2002
UNITED KINGDOM 2001/0519, Termination: 26.6.2002

32001L0032
particular plant health risks in the Community and repealing Directive 92/76/EEC

Commission Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to

Deadline for transposal: 21.5.2001

Member States which have notified: all except EL and F

GREECE
FRANCE 
LUXEMBOURG 
UNITED KINGDOM 

2001/0406, Case C-2002/364
2001/0339, RO: 21.3.2002, Referral Case C-2002/343
2001/0345, Termination: 26.6.2002
2001/0384, Termination: 26.6.2002

32001L0033
Commission  Directive  2001/33/EC  of  8  May  2001  amending  certain  annexes  to  Council
Directive  2000/29/EC  on  protective  measures  against  the  introduction  into  the  Community  of  organisms
harmful to plants or plant products and against their spread within the Community

Deadline for transposal: 21.5.2001

Member States which have notified: all except EL and F

GREECE
FRANCE 
LUXEMBOURG 
SWEDEN
UNITED KINGDOM 

2001/0407, Referral Case C-2002/369
2001/0340, RO: 21.3.2002, Referral Case C-2002/343
2001/0346, Termination: 26.6.2002
2001/0437, Termination: 26.6.2002
2001/0385, Termination: 26.6.2002

32001L0035
Commission  Directive  2001/35/EC  of  11.5.2001  amending  the  Annexes  to  Council
Directive 90/642/EEC on the fixing of maximum levels for pesticide residues in and on certain products of
plant origin, including fruit and vegetables

Deadline for transposal: 01.7.2001

Member States which have notified: all except F

2001/0499, Termination: 26.6.2002
GERMANY
2001/0454, RO 27.6.2002
FRANCE
AUSTRIA 
2001/0571, RO: 27.6.2002, Referral (decision): 17.12.2002 (implementing measures notified)
FINLAND
2001/0593, Termination: 26.6.2002
UNITED KINGDOM 2001/0520, Termination: 26.6.2002

32001L0036
concerning the placing of plant protection products on the market (Text with EEA relevance)

Commission Directive 2001/36/EC of 16.5.2001 amending Council Directive 91/414/EEC

Deadline for transposal: 01.5.2002

Member States which have notified: B, D, EL, E, I, L, NL, A, P, FI, S, UK

DENMARK
GERMANY
FRANCE
IRELAND
ITALY
LUXEMBOURG
AUSTRIA
PORTUGAL
FINLAND
SWEDEN

2002/0399, LET: 16.7.2002, RO: 19.12.2002
2002/0367, LET 16.7.2002, Termination 17.12.2002
2002/0341, LET: 16.7.2002, RO: 19.12.2002
2002/0391, LET: 16.7.2002, RO: 19.12.2002
2002/0377, LET 16.7.2002, Termination 17.12.2002
2002/0348, LET: 16.7.2002, Termination: 17.12.2002
2002/0427, LET 16.7.2002, Termination 17.12.2002
2002/0417, LET: 16.7.2002, Termination: 17.12.2002
2002/0440, LET 16.7.2002, Termination 17.12.2002
2002/0436, LET 16.7.2002, Termination 17.12.2002

32001L0039
Commission  Directive  2001/39/EC  of  23  May  2001  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

Deadline for transposal: 31.12.2001

Member States which have notified: all except D, F

BELGIUM
GERMANY
GREECE
FRANCE
IRELAND
NETHERLANDS
AUSTRIA

2002/0027, LET: 12.2.2002, Termination: 26.6.2002
2002/0044, LET: 12.2.2002, RO: 18.7.2002, Referral (decision): 17.12.2002
2002/0088, LET 12.2.2002, Termination 26.6.2002
2002/0008, LET: 12.2.2002, RO: 27.6.2002
2002/0068, LET 12.2.2002, Termination 26.6.2002
2002/0034, LET 12/02/2002, Termination 26/06/2002
2002/0022, LET: 12.2.2002, RO: 27.6.2002, Referral (decision): 17.12.2002
(implementing measures notified)
2002/0106, LET 12.2.2002, Termination 26.6.2002
PORTUGAL
2002/0131, LET 12.2.2002, Termination 26.6.2002
FINLAND
SWEDEN
2002/0121, LET 12.2.2002, Termination 26.6.2002
UNITED KINGDOM 2002/0060, LET 12.2.2002, Termination 26.6.2002

32001L0048
Commission  Directive  2001/48/EC  of  28.6.2001  amending  the  Annexes  to  Council
Directives 86/362/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on
cereals  and  certain  products  of  plant  origin,  including  fruit  and  vegetables  respectively  (Text  with  EEA
relevance)

Deadline for transposal: 28.2.2002

Member States which have notified: B, DK, EL, E, IRL , I, L, NL, P, S, UK

GERMANY
FRANCE
AUSTRIA

2002/0160, LET: 17.4.2002, RO: 19.12.2002
2002/0136, LET: 17.4.2002
2002/0209, LET: 17.4.2002, RO: 19.12.2002

32001L0057
Commission Directive 2001/57/EC of 25.7.1 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 (Text with EEA relevance)

Deadline for transposal: 28.2.2002

Member States which have notified: B, DK, EL, E, IRL , I, L, NL, P, S, UK

GERMANY
FRANCE
ITALY
AUSTRIA

2002/0162, LET: 17.4.2002, RO: 19.12.2002
2002/0138, LET: 17.4.2002
2002/0169, LET 17.4.2002, Termination 26.6.2002
2002/0211, LET: 17.4.2002, RO: 19.12.2002

32002L0005
Commission  Directive  2002/5/EC  of  30.1.02  amending  Annex  II  to  Council  Directive
90/642/EEC as regards the fixing of maximum levels for pesticide residues in and on certain products of
plant origin, including fruit and vegetables

Deadline for transposal: 31.8.2002

Member States which have notified: B, DK, EL, E, I, NL, S, UK

GERMANY
GREECE
SPAIN
FRANCE
IRELAND
NETHERLANDS
AUSTRIA
PORTUGAL
FINLAND

2002/0489, LET: 30.9.2002
2002/0536, LET: 30.9.2002, Termination: 17.12.2002
2002/0546, LET: 30.9.2002, Termination: 17.12.2002
2002/0454, LET 30.9.2002
2002/0520, LET: 30.9.2002
2002/0479, LET 30.9.2002, Termination 17.12.2002
2002/0569, LET: 30.9.2002
2002/0560, LET: 30.9.2002
2002/0584, LET: 30.9.2002

32002L0023
Commission  Directive  2002/23/EC  of  26.2.02  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

Deadline for transposal: 31.8.2002

Member States which have notified: B, DK, EL, E, I, NL, S, UK

GERMANY
GREECE
SPAIN
FRANCE
IRELAND
NETHERLANDS
AUSTRIA
PORTUGAL
FINLAND

2002/0490, LET: 30.9.2002
2002/0537, LET: 30.9.2002, Termination: 17.12.2002
2002/0547, LET: 30.9.2002, Termination: 17.12.2002
2002/0455, LET: 30.9.2002
2002/0521, LET: 30.9.2002
2002/0480, LET 30.9.2002, Termination 17.12.2002
2002/0570, LET: 30.9.2002
2002/0561, LET: 30.9.2002
2002/0585, LET: 30.9.2002

32002L0028
Commission  Directive  2002/28/EC  of  19.3.2002  amending  certain  annexes  to  Council
Directive  2000/29/EC  on  protective  measures  against  the  introduction  into  the  Community  of  organisms
harmful to plants or plant products and against their spread within the Community

Deadline for transposal: 31.3.2002

Member States which have notified: all except EL and F

GERMANY
GREECE
FRANCE
IRELAND
ITALY
LUXEMBOURG
AUSTRIA
PORTUGAL
FINLAND
SWEDEN
UNITED KINGDOM

2002/0258, LET 06.6.2002, Termination 17.12.2002
2002/0297, LET: 06.6.2002, RO: 19.12.2002
2002/0231, LET: 06.6.2002, RO: 19.12.2002
2002/0284, LET: 06.6.2002, Termination: 17.12.2002
2002/0265, LET 06.6.2002, Termination 17.12.2002
2002/0240, LET 06.6.2002, Termination 17.12.2002
2002/0321, LET 06.6.2002, Termination 17.12.2002
2002/0314, LET 06.6.2002, Termination 17.12.2002
2002/0336, LET 06.6.2002, Termination 17.12.2002
2002/0327, LET 06.6.2002, Termination 17.12.2002
2002/0273, LET 06.6.2002, Termination 17.12.2002

32002L0029
regards certain protected zones exposed to particular plant health risks in the Community

Commission Directive 2002/29/EC of 19 March 2002 amending Directive 2001/32/EC as

Deadline for transposal: 31.3.2002

Member States which have notified: all except EL and F

GERMANY
GREECE
FRANCE
IRELAND
ITALY
LUXEMBOURG
AUSTRIA
PORTUGAL
FINLAND
SWEDEN
UNITED KINGDOM

2002/0259, LET 06.6.2002, Termination 17.12.2002
2002/0298, LET: 06.6.2002, RO: 19.12.2002
2002/0232, LET: 06.6.2002, RO: 19.12.2002
2002/0285, LET 06.6.2002, Termination 17.12.2002
2002/0266, LET 06.6.2002, Termination 17.12.2002
2002/0241, LET 06.6.2002, Termination 17.12.2002
2002/0322, LET 06.6.2002, Termination 17.12.2002
2002/0315, LET 06.6.2002, Termination 17.12.2002
2002/0337, LET: 06.6.2002, Termination: 17.12.2002
2002/0328, LET 06.6.2002, Termination 17.12.2002
2002/0274, LET 06.6.2002, Termination 17.12.2002

32002L0042
Commission  Directive  2002/42/EC  of  17  May  2002  amending  the  Annexes  to  Council
Directives  86/362/EEC,  86/363/EEC  and  90/642/EEC  as  regards  the  fixing  of  maximum  levels  for
pesticide  residues  (bentazone  and  pyridate)  in  and  on  cereals,  foodstuffs  of  animal  origin  and  certain
products of plant origin, including fruit and vegetables (Text with EEA relevance)

Deadline for transposal: 31.12.2002

Member States which have notified: DK, E, I, L, S

32002L0066
Commission  Directive  2002/66/EC  of  16  July  2002  amending  the  Annexes  to  Council
Directives  76/895/EEC,  86/362/EEC,  86/363/EEC  and  90/642/EEC  as  regards  the  fixing  of  maximum
levels for pesticide residues in and on fruit and vegetables, cereals, foodstuffs of animal origin and certain
products of plant origin, including fruit and vegetables (Text with EEA relevance)

Deadline for transposal: 30.11.2002

Member States which have notified: DK, E, L, S

Commission Directive 2002/71/EC of 19 August 2002 amending the  Annexes to Council
32002L0071
Directives  76/895/EEC,  86/362/EEC,  86/363/EEC  and  90/642/EEC  as  regards  the  fixing  of  maximum
levels  for  pesticide  residues  (formothion,  dimethoate  and  oxydemeton-methyl)  in  and  on  cereals,
foodstuffs  of  animal  origin  and  certain  products  of  plant  origin,  including  fruit  and  vegetables  (Text  with
EEA relevance)

Deadline for transposal: 31.12.2002

Member States which have notified: DK, E, L, S

32002L0076
Commission  Directive  2002/76/EC  of  6  September  2002  amending  the  Annexes  to
Council  Directives  86/362/EEC  and  90/642/EEC  as  regards  the  fixing  of  maximum  levels  for  pesticide
residues  (metsulfuron  methyl)  in  and  on  cereals  and  certain  products  of  plant  origin,  including  fruit  and
vegetables (Text with EEA relevance)

Deadline for transposal: 31.12.2002

Member States which have notified: DK, E, L, S

Commission Directive 2002/79/EC  of 2 October 2002 amending the Annexes  to  Council
32002L0079
Directives  76/895/EEC,  86/362/EEC,  86/363/EEC  and  90/642/EEC  as  regards  the  fixing  of  maximum
levels for certain pesticide residues in and on cereals, foodstuffs of animal origin and certain products of
plant origin, including fruit and vegetables (Text with EEA relevance)

Deadline for transposal: 31.12.2002

Member States which have notified: DK, L, S

Seeds and seedlings

31998L0056
ornamental plants

Council  Directive  98/56/EC  of  20  July  1998  on  the  marketing  of  propagating  material  of

Deadline for transposal: 31.12.2000

Member States which have notified implementing measures: all except D

GERMANY

1999/0618, Referral Case C-2001/135

31998L0095
Council  Directive  98/95/EC  of  14  December  1998  amending,  in  respect  of  the
consolidation  of  the  internal  market,  genetically  modified  plant  varieties  and  plant  genetic  resources,
Directives  66/400/EEC,  66/401/EEC,  66/402/EEC,  66/403/EEC,  69/208/EEC,  70/457/EEC  and
70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and
fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species

Deadline for transposal: 01.2.2000

Member States which have notified: all

GERMANY
FRANCE
UNITED KINGDOM

2000/0404, Termination: 26.6.2002
2000/0377, Termination: 24.4.2002
2000/0420, Termination: 26.6.2002

Council  Directive  98/96/EC  of  14  December  1998  amending,  inter  alia,  as  regards
31998L0096
unofficial  field  inspections  under  Directives  66/400/EEC,  66/401/EEC,  66/402/EEC,  66/403/EEC,
69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed,
seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties
of agricultural plant species

Deadline for transposal: 01.2.2000

Member States which have notified: all

GERMANY
UNITED KINGDOM

2000/0403, Termination: 26.6.2002
2000/0419, Termination: 26.6.2002

31999L0008
66/402/EEC on the marketing of cereal seed

Commission  Directive  1999/8/EC  of  18  February  1999  amending  Council  Directive

Deadline for transposal: 01.2.2000

Member States which have notified: all

GREECE
IRELAND

2000/0438, Case C-2001/450, Action withdrawn: 09.4.2002
2000/0426, Termination: 26.6.2002

31999L0054
on the marketing of cereal seed

Commission Directive 1999/54/EC  of 26.5.1999 amending Council Directive  66/402/EEC

Deadline for transposal: 01.7.2000

Member States which have notified: all

GERMANY
GREECE
IRELAND

2000/0812, Termination: 26.6.2002
2000/0846, Termination: 26.6.2002
2000/0834, Termination: 20.3.2002

31999L0066
label or other document made out by the supplier pursuant to Council Directive 98/56/EC

Commission  Directive  1999/66/EC  of  28  June  1999  setting  out  requirements  as  to  the

Deadline for transposal: 31.12.1999

Member States which have notified implementing measures: all except D

GERMANY

2000/0227, Case C-2002/163

31999L0068
lists of varieties of ornamental plants as kept by suppliers under Council Directive 98/56/EC

Commission  Directive  1999/68/EC  of  28  June  1999  setting  out  additional  provisions  for

Deadline for transposal: 31.12.1999

Member States which have notified implementing measures: all except D

GERMANY

2000/0226, Case C-2002/162

32001L0064
marketing of fodder plant seed and Directive 66/402/EEC on the marketing of cereal seed

Council Directive 2001/64/EC of 31 August 2001 amending Directive 66/401/EEC on the

Deadline for transposal: 28.2.2002

Member States which have notified: B, DK, E, F, IR, L, NL, A, P, FI, S

GERMANY
GREECE
FRANCE
IRELAND
ITALY

2002/0163, LET: 17.4.2002, RO: 19.12.2002
2002/0195, LET: 17.4.2002, RO: 19.12.2002
2002/0139, LET 17.4.2002, Termination 17.12.2002
2002/0183, LET: 17.4.2002, Termination: 17.12.2002
2002/0170, LET: 17.4.2002, RO: 19.12.2002

LUXEMBOURG
AUSTRIA
PORTUGAL
SWEDEN
UNITED KINGDOM

2002/0145, LET 17.4.2002, Termination 17.12.2002
2002/0212, LET 17.4.2002, Termination 17.12.2002
2002/0205, LET 17.4.2002, Termination 26.6.2002
2002/0219, LET 17.4.2002, Termination 26.6.2002
2002/0177, LET: 17.4.2002, RO: 19.12.2002

Commission  Directive  2002/8/EC  of  6  February  2002  amending  Directives  72/168/EEC
32002L0008
and  72/180/EEC  concerning  the  characteristics  and  minimum  conditions  for  examining  vegetable  and
agricultural varieties respectively

Deadline for transposal: 31.3.2002

Member States which have notified: DK, D, E, F, IR, L, NL, A, P, FI, S, UK

2002/0246, LET: 06.6.2002, RO: 19.12.2002
2002/0257, LET 06.6.2002, Termination 17.12.2002
2002/0296, LET: 06.6.2002, RO: 19.12.2002
2002/0283, LET 06.6.2002, Termination 17.12.2002
2002/0264, LET: 06.6.2002, RO: 19.12.2002
2002/0239, LET 06.6.2002, Termination 17.12.2002
2002/0320, LET 06.6.2002, Termination 17.12.2002
2002/0313, LET 06.6.2002, Termination 17.12.2002
2002/0335, LET 06.6.2002, Termination 17.12.2002
2002/0326, LET 06.6.2002, Termination 17.12.2002

BELGIUM
GERMANY
GREECE
IRELAND
ITALY
LUXEMBOURG
AUSTRIA
PORTUGAL
FINLAND
SWEDEN

Public health

32001L0037
Directive 2001/37/EC of the European Parliament and of the Council  of 5 June  2001 on
the approximation of the laws, regulations and administrative provisions of the Member States concerning
the manufacture, presentation and sale of tobacco products

Deadline for transposal: 01.10.2002

Member States which have notified: B, D, S

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

2002/0616, LET: 21.11.2002
2002/0602, LET: 21.11.2002
2002/0620, LET: 21.11.2002
2002/0587, LET: 21.11.2002
2002/0614, LET: 21.11.2002
2002/0606, LET: 21.11.2002
2002/0592, LET: 21.11.2002
2002/0599, LET: 21.11.2002
2002/0632, LET 21.11.2002
2002/0627, LET: 21.11.2002
2002/0632, LET: 21.11.2002
2002/0610, LET: 21.11.2002

Feedingstuffs

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: all

GREECE

1998/0188, LET 228 27.6.2002, RO 228 19.12.2002 (implementing measures notified)

Deadline for transposal: 01.4.1998

31996L0024
marketing of compound feedingstuffs

Council  Directive  96/24/EC  of  29  April  1996  amending  Directive  79/373/EEC  on  the

Deadline for transposal: 30.6.1998

Member States which have notified implementing measures: all

GREECE

1998/0323, RO 228: 31.1.2002, Termination: 26.6.2002

31996L0051
additives in feedingstuffs

Council  Directive  96/51/EC  of  23  July  1996  amending  Directive  70/524/EEC  concerning

Deadline for transposal: 01.4.1998 and 01.10.1999

Member States which have notified implementing measures: all
(deadline for transposal: 01.4.1998)

GREECE
FRANCE
ITALY

1998/0189, Case C-2001/183, Action withdrawn: 15.10.2001
1998/0203, Case C-2001/118, Action withdrawn: 10.10.2001
1998/0218, Case C-1999/395, Termination 26.6.2002

Member States which have notified implementing measures: all
(deadline for transposal: 01/10/1999)

FRANCE
GREECE
ITALY

2000/0011, Case C-2001/118, Action withdrawn: 10.10.2001
2000/0106, Case C-2001/183, Action withdrawn: 15.10.2001
2000/0063, Case C-2001/128, Action withdrawn: 20.3.2002

31998L0051
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)

Deadline for transposal: 01.1.1999

Member States which have notified implementing measures: all except EL

GREECE
ITALY

1999/0153, LET: 27.6.2002, RO: 19.12.2002
1999/0077, Termination: 26.6.2002

31999L0020
Council  Directive  1999/20/EC  of  22  March  1999  amending  Directives  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
establishments and intermediaries operating in the animal feed sector

Deadline for transposal: 30.9.1999

Member States which have notified implementing measures: all

GREECE

2000/0098, Case C-2001/173, Judgment 04.7.2002, LET 228 19.12.2002
(implementing measures notified)

31999L0078
95/10/EC (Text with EEA relevance)

Commission  Directive  1999/78/EC  of  27  July  1999  amending  Commission  Directive

Deadline for transposal: 30.11.1999

Member States which have notified implementing measures: all

GREECE

2000/0290, Case C-2001/451, Action withdrawn: 20.3.2002

32000L0016
Directive  2000/16/EC  of  the  European  Parliament  and  the  Council  of  10  April  2000
amending  Council  Directive  79/373/EEC  on  the  marketing  of  compound  feedingstuffs  and  Council
Directive 96/25/EC on the circulation of feed materials

Deadline for transposal: 03.5.2001

Member States which have notified: all except P

GREECE
SPAIN
FRANCE
ITALY
LUXEMBOURG
PORTUGAL
UNITED KINGDOM

2001/0401, Termination: 26.6.2002
2001/0408, Termination: 20.3.2002
2001/0335, Case C-2002/344, Action withdrawn: 17.12.2002
2001/0372, RO: 20.3.2002 (decision), Termination: 26.6.2002
2001/0342, Termination: 26.6.2002
2001/0414, Referral (decision)17.12.2002
2001/0381, Termination: 26.6.2002

32000L0045
Commission  Directive  2000/45/EC  of  6  July  2000  establishing  Community  methods  of
analysis  for  the  determination  of  vitamin  A,  vitamin  E  and  tryptophan  in  feedingstuffs  (Text  with  EEA
relevance)

Deadline for transposal: 31.8.2000

Member States which have notified: all

AUSTRIA

2001/0223, RO: 21.12.2001, Termination: 26.6.2002

Directive  2001/46/EC  of  the  European  Parliament  and  of  the  Council  of  23  July  2001
32001L0046
amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections
in the field of animal nutrition and Directives 70/524/EEC, 96/25/EC and 1999/29/EC on animal nutrition

Deadline for transposal: 01.9.2002

Member States which have notified: DK, E, IR, L, NL, A, S

BELGIUM
GERMANY
GREECE
FRANCE
ITALY
PORTUGAL
FINLAND
UNITED KINGDOM

2002/0595, LET: 21.11.2002
2002/0603, LET: 21.11.2002
2002/0621, LET: 21.11.2002
2002/0588, LET: 21.11.2002
2002/0607, LET: 21.11.2002
2002/0628, LET: 21.11.2002
2002/0639, LET: 21.11.2002
2002/0611, LET: 21.11.2002

32001L0079
Commission  Directive  2001/79/EC  of  17  September  2001  amending  Council  Directive
87/153/EEC fixing guidelines for the assessment of additives in animal nutrition (Text with EEA relevance)

Deadline for transposal: 01.1.2002

Member States which have notified: all except I and P

GREECE
FRANCE
ITALY
LUXEMBOURG
AUSTRIA
PORTUGAL
FINLAND
SWEDEN

2002/0196, LET: 17.4.2002, Termination: 17.12.2002
2002/0140, LET: 17.4.2002, Termination: 17.12.2002
2002/0171, LET: 17.4.2002, RO: 19.12.2002
2002/0146, LET 17.4.2002, Termination 17.12.2002
2002/0213, LET 17.4.2002, Termination 17.12.2002
2002/0206, LET: 17.4.2002, RO: 19.12.2002
2002/0224, LET 17.4.2002, Termination 17.12.2002
2002/0220, LET 17.4.2002, Termination 17.12.2002

32001L0102
the undesirable substances and products in animal nutrition

Council Directive 2001/102/EC of 27 November 2001 amending Directive 1999/29/EC on

Deadline for transposal: 01.7.2002

Member States which have notified: B, DK, D, E, F, IR, NL, A, FI, S, UK

GREECE
ITALY
LUXEMBOURG
PORTUGAL
FINLAND

2002/0535, LET: 30.9.2002
2002/0500, LET 30.9.2002
2002/0464, LET: 30.9.2002
2002/0558, LET: 30.9.2002
2002/0582, LET 30.9.2002, Termination 17.12.2002

32002L0001
regards animal feedingstuffs for the support of liver function in case of chronic liver insufficiency

Commission  Directive  2002/1/EC  of  7  January  2002  amending  Directive  94/39/EC  as

Deadline for transposal: 20.11.2002

Member States which have notified: DK, D, E, IR, L, NL, S, UK

Food

31993L0099
official control of foodstuffs

Council Directive 93/99/EEC of 29 October 1993 on additional measures concerning the

Deadline for transposal: 01.11.1998

Member States which have notified: all except L

LUXEMBOURG

2001/0458, RO 27.6.2002

31999L0002  Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999
on the approximation of the laws of the Member States concerning foods and food ingredients treated with
ionising radiation

Deadline for transposal: 20.3.2001

Member States which have notified: all

BELGIUM
FRANCE
PORTUGAL

2001/0248, Termination: 26.6.2002
2001/0239, Termination: 20.3.2002
2001/0309, Termination: 20.3.2002

31999L0003
on the establishment of a Community list of foods and food ingredients treated with ionising radiation

Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999

Member States which have notified: all

Deadline for transposal: 20.9.2000

31999L0021
purposes

Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical

Deadline for transposal: 30.4.2000

Member States which have notified: all

GERMANY
ITALY

2000/0562, Termination: 20.3.2002
2000/0586, Case C-2001/370, Action withdrawn: 26.6.2002

31999L0039
processed cereal-based foods and baby foods for infants and young children (Text with EEA relevance)

Commission  Directive  1999/39/EC  of  06.5.1999  amending  Directive  96/5/EC  on

Deadline for transposal: 30.6.2000 and 01.7.2002

Member States which have notified: all

UNITED KINGDOM

2000/0603, Termination: 26.6.2002

31999L0041
Directive  1999/41/EC  of  the  European  Parliament  and  of  the  Council  of  7  June  1999
amending  Directive  89/398/EEC  on  the  approximation  of  the  laws  of  the  Member  States  relating  to
foodstuffs intended for particular nutritional uses

Deadline for transposal: 08.7.2000 and 08.7.2001

Member States which have notified: all

FRANCE
UNITED KINGDOM

2000/0788, Termination: 20.3.2002
2000/0828, Termination: 26.6.2002

32000L0051
specific criteria of purity concerning sweeteners for use in foodstuffs (Text with EEA relevance)

Commission  Directive  2000/51/EC  of  26.7.00  amending  Directive  95/31/EC  laying  down

Deadline for transposal: 30.6.2001

Member States which have notified: all

BELGIUM 
ITALY  
NETHERLANDS 
AUSTRIA 
SWEDEN 
UNITED KINGDOM 

2001/0353, Termination: 26.6.2002
2001/0376, Termination: 26.6.2002
2001/0360, Termination: 26.6.2002
2001/0428, Termination: 26.6.2002
2001/0434, Termination: 26.6.2002
2001/0382, Termination: 26.6.2002

32001L0005
Directive 95/2/EC on food additives other than colours and sweeteners

Directive  2001/5/EC  of  the  European  Parliament  and  of  the  Council  of  12.2.1  amending

Deadline for transposal: 24.8.2002

Member States which have notified: B, DK, EL, E, F, I, L, NL, FI, S, UK

DENMARK

2002/0523, LET: 30.9.2002, Termination: 17.12.2002

GERMANY
FRANCE
IRELAND
ITALY
AUSTRIA
PORTUGAL
FINLAND

2002/0483, LET: 30.9.2002
2002/0447, LET 30.9.2002, Termination 17.12.2002
2002/0514, LET: 30.9.2002
2002/0494, LET: 30.9.2002, Termination: 17.12.2002
2002/0564, LET: 30.9.2002
2002/0552, LET: 30.9.2002
2002/0578, LET: 30.9.2002, Termination: 17.12.2002

32001L0015
for specific nutritional purposes in foods for particular nutritional uses (Text with EEA relevance)

Commission Directive 2001/15/EC of 15 February 2001 on substances that may be added

Deadline for transposal: 30.3.2002

Member States which have notified: B, DK, EL, E, F, IR, L, NL, P, FI, S

GERMANY
GREECE
SPAIN
IRELAND
ITALY
AUSTRIA
PORTUGAL
FINLAND
UNITED KINGDOM

2002/0255, LET: 06.6.2002, RO: 19/12/2002
2002/0294, LET 06.6.2002, Termination 17.12.2002
2002/0303, LET 06.6.2002, Termination 17.12.2002
2002/0281, LET 06.6.2002, Termination 17.12.2002
2002/0263, LET: 06.6.2002, RO: 19.12.2002
2002/0318, LET: 06.6.2002, RO: 19.12.2002
2002/0311, LET 06.6.2002, Termination 17.12.2002
2002/0333, LET 06.6.2002, Termination 17.12.2002
2002/0271, LET: 06.6.2002

32001L0022
Commission Directive 2001/22/EC of 8 March 2001 laying down the sampling methods
and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in
foodstuffs (Text with EEA relevance)

Deadline for transposal: 05.4.2002

Member States which have notified: B, DK, D, EL, F, IR, L, NL, A, FI, S, UK

GERMANY
GREECE
SPAIN
FRANCE
ITALY
LUXEMBOURG
AUSTRIA
PORTUGAL
FINLAND
UNITED KINGDOM

2002/0256, LET 06.6.2002, Termination 17.12.2002
2002/0295, LET 06.6.2002, Termination 17.12.2002
2002/0304, LET: 06.6.2002, RO: 19.12.2002
2002/0229, LET 06.6.2002, Termination 17.12.2002
2002/0263, LET: 06.6.2002, RO: 19.12.2002
2002/0237, LET 06.6.2002, Termination 17.12.2002
2002/0319, LET: 06.6.2002, Termination: 17.12.2002
2002/0312, LET: 06.6.2002, RO: 19.12.2002
2002/0334, LET 06.6.2002, Termination 17.12.2002
2002/0272, LET 06.6.2002, Termination 17.12.2002

32001L0030
Commission  Directive  2001/30/EC  of  02.5.2001  amending  Commission  Directive
96/77/EC  laying  down  specific  purity  criteria  on  food  additives  other  than  colours  and  sweeteners  (Text
with EEA relevance)

Deadline for transposal: 01.6.2002

Member States which have notified: all except D and A

DENMARK
GERMANY
ITALY
AUSTRIA

2002/0398, LET 16.7.2002, Termination 17.12.2002
2002/0366, LET: 16.7.2002, RO: 19.12.2002
2002/0376, LET 16.7.2002, Termination 17.12.2002
2002/0426, LET: 16.7.2002, RO: 19.12.2002

PORTUGAL
FINLAND
UNITED KINGDOM

2002/0416, LET 16.7.2002, Termination 17.12.2002
2002/0439, LET 16.7.2002, Termination 17.12.2002
2002/0383, LET 16.7.2002, Termination 17.12.2002

32001L0050
Commission  Directive  2001/50/EC  of  3  July  2001  amending  Commission  Directive
95/45/EC  laying  down  specific  purity  criteria  concerning  colours  for  use  in  foodstuffs  (Text  with  EEA
relevance)

Deadline for transposal: 30.6.2002

Member States which have notified: B, DK, EL, E, F, I, L, NL, P, FI, S, UK

GERMANY
IRELAND
AUSTRIA
PORTUGAL
FINLAND

2002/0369, LET: 16.7.2002, RO: 19.12.2002
2002/0393, LET: 16.7.2002, RO: 19.12.2002
2002/0429, LET: 16.7.2002, RO: 19.12.2002
2002/0419, LET 16.7.2002, Termination 17.12.2002
2002/0441, LET 16.7.2002, Termination 17.12.2002

32001L0052
down specific criteria of purity concerning sweeteners for use in foodstuffs (Text with EEA relevance)
Deadline for transposal: 30.6.2002

Commission Directive 2001/52/EC of 3 July 2001 amending Directive 95/31/EC laying

Member States which have notified: all except D

GERMANY
IRELAND
PORTUGAL
FINLAND

2002/0370, LET: 16.7.2002, RO: 19.12.2002
2002/0394, LET: 16.7.2002, Termination: 17.12.2002
2002/0420, LET 16.7.2002, Termination 17.12.2002
2002/0442, LET 16.7.2002, Termination 17.12.2002

32001L0062
Commission Directive 2001/62/EC  of  9  August  2001  amending  Directive  90/128/EEC
relating  to  plastic  materials  and  articles  intended  to  come  into  contact  with  foodstuffs  (Text  with  EEA
relevance)

Deadline for transposal: 01.12.2002

Member States which have notified: DK, EL, L, NL, S, UK

Consumer protection

31997L0007
Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the
protection of consumers in respect of distance contracts - Statement by the Council and the Parliament re
Article 6 (1) - Statement by the Commission re Article 3 (1), first indent

Deadline for transposal: 04.6.2000

Member States which have notified: all except E and L

SPAIN
LUXEMBOURG 2000/0517, Case C-2002/228

2000/0702, Case C-2001/414, Judgment 28.11.2002

31997L0055
Directive  97/55/EC  of  European  Parliament  and  of  the  Council  of  6  October  1997
amending  Directive  84/450/EEC  concerning  misleading  advertising  so  as  to  include  comparative
advertising

Member States which have notified: all

Deadline for transposal: 23.4.2000

SPAIN
LUXEMBOURG 2000/0516, Case C-2002/227, Action withdrawn: 16.10.2002
NETHERLANDS 2000/0553, Referral (decision) 20.3.2002, Termination 26.6.2002

2000/0700, Case C-2001/392, Judgment 28.11.2002, Action withdrawn 17.12.2002

31998L0007
Directive  98/7/EC  of  the  European  Parliament  and  of  the  Council  of  16  February  1998
amending  Directive  87/102/EEC  for  the  approximation  of  the  laws,  regulations  and  administrative
provisions of the Member States concerning consumer credit

Member States which have notified: all

Deadline for transposal: 21.4.2000

SPAIN
FRANCE

2000/0697, Case C-2001/386, Judgment 12.9.2002, Termination 17.12.2002
2000/0492, Case C-200221, Action withdrawn: 17.7.2002

31998L0027
injunctions for the protection of consumers' interests

Directive  98/27/EC  of  the  European  Parliament  and  of  the  Council  of  19  May  1998  on

Deadline for transposal: 01.1.2001

Member States which have notified: all except EL and L

BELGIUM
GREECE
SPAIN
LUXEMBOURG 2001/0154, Referral 17.12.2002 (decision)

2001/0161, Termination: 17.12.2002
2001/0206, Case C-2002/311
2001/0213, Case C-2002/368, Action withdrawn: 17.12.2002

31999L0044
certain aspects of the sale of consumer goods and associated guarantees

Directive 1999/44/EC of the European Parliament and of the Council of 25 may 1999 on

Deadline for transposal: 01.1.2002

Member States which have notified: DK, D, EL, A, FI, S

BELGIUM
DENMARK
GREECE
SPAIN
FRANCE
IRELAND
LUXEMBOURG
NETHERLANDS
PORTUGAL
SWEDEN
UNITED KINGDOM 2002/0172, LET: 26.4.2002, RO: 19.12.2002

2002/0148, LET: 17.4.2002, RO: 19.12.2002
2002/0184, LET 17.4.2002, Termination 26.6.2002
2002/0189, LET: 17.4.2002, RO (decision): 17.12.2002 (implementing measures notified)
2002/0197, LET: 17.4.2002, RO: 19.12.2002
2002/0132, LET: 17.4.2002, RO: 19.12.2002
2002/0179, LET: 17.4.2002, RO: 19.12.2002
2002/0141, LET: 17.4.2002, RO: 19.12.2002
2002/0153, LET: 17.4.2002, RO: 19.12.2002
2002/0199, LET: 17.4.2002, RO: 19.12.2002
2002/0215, LET 17.4.2002, Termination 17.12.2002

TAXATION AND CUSTOMS UNION

General

32001L0044
Council Directive 2001/44/EC of 15 June 2001 amending Directive 76/308/EEC on mutual
assistance for the recovery of claims resulting from operations forming part of the system of financing the
European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties and in
respect of value added tax and certain excise duties

Deadline for transposal: 30.6.2002

Member States which have notified: DK, D, EL, E, IRL, A, FI, S, UK

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

2002/0355, LET: 16.7.2002
2002/0400, LET: 16.7.2002, Termination: 17.12.2002
2002/0368, LET 16.7.2002, Termination 16.10.2002
2002/0406, LET 16.7.2002, Termination 17.12.2002
2002/0409, LET 16.7.2002, Termination 17.12.2002
2002/0342, LET: 16.7.2002, RO: 19.12.2002
2002/0392, LET 16.7.2002, Termination 17.12.2002
2002/0378, LET: 16.7.2002
2002/0349, LET: 16.7.2002
2002/0359, LET: 16.7.2002
2002/0428, LET 16.7.2002, Termination 17.12.2002
2002/0418, LET: 16.7.2002
2002/0437, LET 16.7.2002, Termination 17.12.2002
2002/0384, LET 16.7.2002, Termination 17.12.2002

VAT

Council  Directive  1999/85/EC  of  22  October  1999  amending  Directive  77/388/EEC  as
31999L0085
regards  the  possibility  of  applying  on  an  experiment  basis  a  reduced  VAT  rate  on  labour-intensive
services directive

Deadline for transposal: 01.10.2002

National measures not required

32002L0093
Council  Directive  2002/93/EC  of  3  December  2002  amending  Directive  77/388/EEC  to
extend  the  facility  allowing  Member  States  to  apply  reduced  rates  of  VAT  to  certain  labour-intensive
services
National measures not required

Deadline for transposal: 07.12.2002

Excise duties

32002L0010
Council  Directive  2002/10/EC  of  12  February  2002  amending  Directives  92/79/EEC,
92/80/EEC  and  95/59/EC  as  regards  the  structure  and  rates  of  excise  duty  applied  on  manufactured
tobacco

Deadline for transposal: 01.7.2002

Member States which have notified: D, IRL, L, A, P, S

ENERGY

Gas

31998L0030
concerning common rules for the internal market in natural gas

Directive  98/30/EC  of  the  European  Parliament  and  of  the  Council  of  22  June  1998

Deadline for transposal: 01.8.2000

Member States which have notified: all except F

FRANCE 

2000/2215, Case C-2001/259, Judgment: 28.11.2002

Renewable energy and energy efficiency

32002L0040
92/75/EEC with regard to energy labelling of household electric ovens (Text with EEA relevance)
Repeals Directive 31979L0531 with effect from 01.1.2003

Commission  Directive  2002/40/EC  of  8  May  2002  implementing  Council  Directive

Deadline for transposal: 31.12.2002

Member States which have notified: NL

TRANSPORT

Land, road and inland waterway transport

31976L0135
licences for inland waterway vessels

Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability

Member States which have notified: all

FINLAND

2001/2025, Termination: 26.6.2002

31982L0714
inland waterway vessels

Council Directive 82/714/EEC of 4 October 1982  laying  down technical requirements for

Member States which have notified: all

FINLAND

2001/2024, Termination: 26.6.2002

31987L0540
Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier
of goods by  waterway  in  national  and international transport and on the mutual  recognition  of  diplomas,
certificates and other evidence of formal qualifications for this occupation

Member States which have notified: all

FINLAND

2001/2023, Termination: 26.6.2002

31991L0672
national boatmasters' certificates for the carriage of goods and passengers by inland waterway

Council  Directive  91/672/EEC  of  16  December  1991  on  the  reciprocal  recognition  of

Member States which have notified: all

FINLAND

2001/2022, Termination: 26.6.2002

31996L0050
Council  Directive  96/50/EC  of  23  July  1996  on  the  harmonization  of  the  conditions  for
obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway
in the Community

Deadline for transposal: 07.4.1998

Member States which have notified: all

FRANCE

1999/2003, LET 228: 27.6.2002, Termination: 17.12.2002

31998L0076
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

Deadline for transposal: 01.10.1999

Member States which have notified: all except B

BELGIUM
FRANCE
LUXEMBOURG
SWEDEN

2000/0038, Case C-2001/274, Judgment: 06.6.2002
2000/0010, Case C-2001/335, Action withdrawn: 17.7.2002
2000/0025, LET 228 27.6.2002, Termination 16.10.2002
2000/0151, Case C-2001/490, Action withdrawn: 30.1.2002

31999L0036

Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment

Deadline for transposal: 01.12.2000

Member States which have notified: all except D and IRL

BELGIUM
GERMANY
GREECE
IRELAND
ITALY 
PORTUGAL 

2001/0468, Termination: 24.4.2002
2001/0491, RO 05.7.2002
2001/0538, Termination: 24.4.2002
2001/0524, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0502, Termination: 24.4.2002
2001/0555, Termination: 24.4.2002

31999L0052
Commission  Directive  1999/52/EC  of  26.5.1999  adapting  to  technical  progress  Council
Directive 96/96/EC on the approximation of the laws of the Member States relating to roadworthiness tests
for motor vehicles and their trailers (Text with EEA relevance)

Deadline for transposal: 01.10.2000

Member States which have notified: all

IRELAND 

2001/0072, Case C-2002/051, Action withdrawn: 24.4.2002

31999L0062
the charging of heavy goods vehicles for the use of certain infrastructures

Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on

Deadline for transposal: 01.7.2000

Member States which have notified: all

BELGIUM

2000/0910, Termination: 26.6.2002

32001L0002
Council Directive 1999/36/EC on transportable pressure equipment

Commission  Directive  2001/2/EC  of  4  January  2001  adapting  to  technical  progress

Deadline for transposal: 01.7.2001

Member States which have notified: all except D and IRL

BELGIUM 
GERMANY 
GREECE 
IRELAND 
ITALY  
PORTUGAL 

2001/0476, Termination: 24.4.2002
2001/0498, RO 27.6.2002
2001/0543, Termination: 24.4.2002
2001/0530, RO: 27.6.2002, Referral (decision): 17.12.2002
2001/0510, Termination: 24.4.2002
2001/0561, Termination: 24.4.2002

Rail transport

31996L0048
high-speed rail system

Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European

Deadline for transposal: 08.4.1999

Member States which have notified: all

IRELAND
AUSTRIA
FINLAND
UNITED KINGDOM

1999/0383, Termination: 26.6.2002
1999/0418, Case C-2002/068, Action withdrawn: 26.6.2002
1999/0428, Case C-2001/254, Action withdrawn: 16.10.2002
1999/0377, Case C-2000/441, Judgment: 30.5.2002, Termination 17.7.2002

Land transport, safety and technology

31994L0055
Member States with regard to the transport of dangerous goods by road

Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the

Member States which have notified: all

Deadline for transposal: 31.12.1996

IRELAND

1998/0042, Termination: 30.1.2002

31995L0050
transport of dangerous goods by road

Council  Directive  95/50/EC  of  6  October  1995  on  uniform  procedures  for  checks  on  the

Deadline for transposal: 01.1.1997

Member States which have notified: all

IRELAND

1997/0506, Termination: 30.1.2002

31996L0049
Member States with regard to the transport of dangerous goods by rail

Council  Directive  96/49/EC  of  23  July  1996  on  the  approximation  of  the  laws  of  the

Deadline for transposal: 31.12.1996

Member States which have notified: all

IRELAND

1999/0384, Termination: 24.4.2002

Commission  Directive  96/86/EC  of  13.12.96  adapting  to  technical  progress  Council
31996L0086
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)

Deadline for transposal: 31.12.1996

Member States which have notified: all

IRELAND

1998/0045, Termination: 30.1.2002

Commission  Directive  96/87/EC  of  13  December  1996  adapting  to  technical  progress
31996L0087
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

Deadline for transposal: 31.12.1996

Member States which have notified: all

IRELAND

1999/0385, Termination: 24.4.2002

31999L0047
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: all

Deadline for transposal: 01.7.1999

IRELAND

2000/0265, Case C-2001/365, Action withdrawn: 30.1.2002

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: all

Deadline for transposal: 01.7.1999

IRELAND

2000/0264, Case C-2001/366, Action withdrawn: 24.4.2002

ITALY

2000/0239, Case C-2002/050, Action withdrawn: 24.4.2002

32000L0030
Directive 2000/30/EC of the European Parliament and of the Council  of 6 June  2000 on
the  technical  roadside  inspection  of  the  roadworthiness  of  commercial  vehicles  circulating  in  the
Community

Deadline for transposal: 10.8.2002

Member States which have notified: B, DK, EL, E, F, I, L, NL, FI, S

GERMANY
SPAIN
FRANCE
IRELAND
LUXEMBOURG
AUSTRIA
PORTUGAL
UNITED KINGDOM

2002/0482, LET: 30.9.2002
2002/0540, LET: 30.9.2002, Termination: 17.12.2002
2002/0446, LET 30.9.2002, Termination 17.12.2002
2002/0513, LET: 30.9.2002, RO: 19.12.2002
2002/0458, LET: 30.9.2002, RO: 21.12.2001
2002/0562, LET: 30.9.2002, RO: 19.12.2002
2002/0550, LET: 30.9.2002, RO: 19.12.2002
2002/0504, LET: 30.9.2002, RO: 19.12.2002

32001L0006
Commission  Directive  2001/6/EC  of  29  January  2001  adapting  for  the  third  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)

Deadline for transposal: 31.12.2002
Deadline for transposal 31.12.2001 for class 7 and 31.12.2002 for other classes of dangerous goods. As
the  annexes  had  not  been  published  in  all  the  Community  languages  by  the  31.12.2001  deadline,  a
derogation was allowed until 31.12.2002 for class 7, giving a single deadline for all classes. Publication is
planned for mid-May 2003.

Member States which have notified: F, FI

32001L0007
Commission  Directive  2001/7/EC  of  29  January  2001  adapting  for  the  third  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 (Text with EEA relevance)

Deadline for transposal: 31.12.2002
Deadline for transposal 31.12.2001 for class 7 and 31.12.2002 for other classes of dangerous goods. As
the  annexes  had  not  been  published  in  all  the  Community  languages  by  the  31.12.2001  deadline,  a
derogation was allowed until 31.12.2002 for class 7, giving a single deadline for all classes. Publication is
planned for mid-May 2003.

Member States which have notified: B, I, FI

32001L0009
Commission  Directive  2001/9/EC  of  12.2.1  adapting  to  technical  progress  Council
Directive 96/96/EC on the approximation of the laws of the Member States relating to roadworthiness tests
for motor vehicles and their trailers (Text with EEA relevance)

Deadline for transposal: 09.3.2002

Member States which have notified: all except IR

DENMARK
IRELAND

2002/0288, LET 06.6.2002, Termination 17.12.2002
2002/0280, LET: 06.6.2002, RO: 19.12.2002

Air transport

31992L0014
Council  Directive  92/14/EEC  of  2  March  1992  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)

Deadline for transposal: 01.4.2002

Concerns only Austria: A has notified

31994L0056
governing the investigation of civil aviation accidents and incidents

Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles

Member States which have notified: all

Deadline for transposal: 21.11.1996

LUXEMBOURG

1997/0107, 2nd Referral Case C-2002/121, Action withdrawn 26.6.2002

31998L0020
Council  Directive  98/20/EC  of  30  March  1998  amending  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)

Deadline for transposal: 28.2.1999 (and 31.3.2002 for A)

Member States which have notified: all except IR

IRELAND

1999/0274, Case C-2001/327, Judgment: 15.10.2002

31999L0028
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)

Deadline for transposal: 01.9.1999

Member States which have notified: all except IR

IRELAND

2000/0073, Case C-2001/328, Judgment: 15.10.2002

Maritime transport

31997L0070
for fishing vessels of 24 metres in length and over

Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime

Member States which have notified: all

Deadline for transposal: 01.1.1999

NETHERLANDS

1999/0004, Case C-2000/364, Action withdrawn: 24.4.2002

31998L0018
ships

Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger

Deadline for transposal: 01.7.1998

Member States which have notified: all

PORTUGAL

1999/03.6, Case C-2001/282, Action withdrawn: 15.1.2002

31998L0035
level of training of seafarers

Council Directive 98/35/EC of 25 May 1998 amending Directive 94/58/EC on the minimum

Deadline for transposal: 25.5.1999

Member States which have notified: all

LUXEMBOURG
NETHERLANDS

1999/0452, Termination: 20.3.2002
1999/0474, Termination: 24.4.2002

31999L0019
97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

Commission  Directive  1999/19/EC  of  18  March  1999  amending  Council  Directive

Deadline for transposal: 31.5.2000

Member States which have notified: all

BELGIUM
NETHERLANDS

2000/0530, Case C-2001/479, Action withdrawn: 30.1.2002
2000/0548, Termination: 24.4.2002

31999L0035
safe operation of regular ro-ro ferry and high-speed passenger craft services

Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the

Deadline for transposal: 01.12.2000

Member States which have notified: all

NETHERLANDS 
AUSTRIA
PORTUGAL
FINLAND 
SWEDEN

2001/0034, Termination: 20.3.2002
2001/0119, Termination: 26.6.2002
2001/0108, Termination: 24.4.2002
2001/0135, Termination: 24.4.2002
2001/0128, Termination: 20.3.2002

Directive 99/95/EC of the European Parliament and of the Council of 13 December 1999
31999L0095
concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at
Community ports

Deadline for transposal: 30.6.2002

Member States which have notified: DK, D, E, NL, A, FI, S, UK

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

2002/0353, LET: 16.7.2002, RO: 19.12.2002
2002/0397, LET 16.7.2002, Termination 17.12.2002
2002/0363, LET 16.7.2002, Termination 17.12.2002
2002/0403, LET: 16.7.2002
2002/0339, LET: 16.7.2002, RO: 19.12.2002
2002/0388, LET: 16.7.2002
2002/0373, LET: 16.7.2002, RO: 19.12.2002
2002/0346, LET: 16.7.2002, RO: 19.12.2002
2002/0357, LET 16.7.2002, Termination 17.12.2002
2002/0424, LET: 16.7.2002, Termination: 17.12.2002
2002/0413, LET: 16.7.2002, RO: 19.12.2002
2002/0433, LET: 16.7.2002, Termination: 16.10.2002
2002/0361, LET 16.7.2002, Termination 17.12.2002

31999L0097
Commission  Directive  1999/97/EC  of  13  December  1999  amending  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 (port State control) (Text with EEA relevance)
Deadline for transposal: 14.12.2000

Member States which have notified: all

LUXEMBOURG
NETHERLANDS 

2001/0012, Termination: 26.6.2002
2001/0029, Termination: 24.4.2002

32000L0059
2000 on port reception facilities for ship-generated waste and cargo residues.

Directive  2000/59/EC  of  the  European  Parliament  and  of  the  Council  of  27  November

Deadline for transposal: 28.12.2002

Member States which have notified: D, EL

32001L0053
marine equipment (Text with EEA relevance)

Commission  Directive  2001/53/EC  of  10.7.1  amending  Council  Directive  96/98/EC  on

Deadline for transposal: 17.2.2002

Member States which have notified: B, DK, D, EL, E, F, IRL, A, S, UK

BELGIUM
GERMANY
GREECE
FRANCE
ITALY
LUXEMBOURG
AUSTRIA
PORTUGAL
FINLAND
SWEDEN
UNITED KINGDOM

2002/0152, LET: 17.4.2002, Termination: 17.12.2002
2002/0161, LET 17.4.2002, Termination 17.12.2002
2002/0194, LET 17.4.2002, Termination 16.10.2002
2002/0137, LET 17.4.2002, Termination 16.10.2002
2002/0168, LET: 17.4.2002, RO: 24.10.2002
2002/0144, LET: 17.4.2002, RO: 19.12.2002
2002/0210, LET: 17.4.2002, Termination: 17.12.2002
2002/0204, LET: 17.4.2002, RO: 24.10.2002
2002/0223, LET: 17.4.2002
2002/0218, LET 17.4.2002, Termination 16.10.2002
2002/0176, LET: 26.4.2002, Termination: 16.10.2002

32002L0025
on safety rules and standards for passenger ships

Commission Directive 2002/25/EC of 5 March 2002 amending Council Directive 98/18/EC

Deadline for transposal: 15.10.2002

Member States which have notified: DK, IRL, NL, A

BELGIUM
GERMANY
GREECE
SPAIN
FRANCE
ITALY
LUXEMBOURG
PORTUGAL
FINLAND
SWEDEN
UNITED KINGDOM

2002/0597, LET: 21.11.2002
2002/0604, LET: 21.11.2002
2002/0623, LET 21.11.2002
2002/0625, LET: 21.11.2002
2002/0590, LET: 21.11.2002
2002/0609, LET 21.11.2002
2002/0593, LET: 21.11.2002
2002/0630, LET: 21.11.2002
2002/0640, LET: 21.11.2002
2002/0636, LET: 21.11.2002
2002/0612, LET 21.11.2002

ANNEX IV

PART 2 - Summary table - Progress in notification of national measures 
implementing directives (situation at 31 December 2002)

PART 3 - Infringements for non-conformity

PART 4 - Infringements for incorrect application 
of national measures implementing the directives 

XXth annual report on monitoring the application of Community law (2002)

ANNEX IV, part 2: summary table 

Progress in notification of national measures implementing directives  - (situation on 31 December 2002)

EC Directorate-
General

s
e
v
i
t
c
e
r
i
d

l
a
t
o
T

Directives applicable at the reference date by MS

Directives for which implementing measures notified (by MS)

Percentage notifiication rate (by MS and sector)

B

DK

D

EL

E

F

IR

I

L

NL

A

P

FI

S

UK

B

DK

D

EL

E

F

IR

I

L

NL

A

P

FI

S

UK

B

DK

D

EL

E

F

IR

I

L

NL

A

P

FI

S

UK

Enterprise

464

463

463

463

464

463

463

463

463

463

463

464

463

463

463

463

448

450

443

447

449

443

445

448

448

443

445

440

451

446

449

Competition

11

11

11

11

11

11

11

11

11

11

11

11

11

11

11

11

10

11

11

11

11

10

10

10

10

11

11

10

10

10

11

96,76

97,19

95,68

96,34

96,98

95,68

96,11

96,76

96,76

95,68

95,91

95,03

97,41

96,33

96,98

90,91

100,00 100,00 100,00 100,00

90,91

90,91

90,91

90,91

100,00 100,00

90,91

90,91

90,91

100,00

Employment and 
Social Affairs

61

57

57

57

57

57

57

57

57

57

57

57

57

57

57

57

51

52

52

49

55

51

50

51

52

56

52

52

56

51

50

89,47

91,23

91,23

85,96

96,49

89,47

87,72

89,47

91,23

98,25

91,23

91,23

98,25

89,47

87,72

Agriculture

28

24

25

24

27

26

24

24

24

24

25

27

26

26

27

24

24

25

24

27

26

24

24

24

24

25

27

26

26

27

24

100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00

Energy and 
Transport

117

114

108

115

108

108

114

108

113

113

114

111

113

114

109

113

105

103

106

102

103

108

94

107

104

107

104

104

109

104

107

92,11

95,37

92,17

94,44

95,37

94,74

87,04

94,69

92,04

93,86

93,69

92,04

95,61

95,41

94,69

Environment

129

129

129

128

128

129

129

128

129

129

129

128

128

129

128

129

116

120

117

117

112

112

116

115

118

121

119

120

120

121

100

89,92

93,02

91,41

91,41

86,82

86,82

90,63

89,15

91,47

93,80

92,97

93,75

93,02

94,53

77,52

Information 
society

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

12

12

13

12

12

13

12

12

13

13

100,00 100,00 100,00 100,00 100,00

92,31

92,31

100,00

92,31

92,31

100,00

92,31

92,31

100,00 100,00

Internal market

128

128

128

128

128

128

128

128

128

128

128

128

128

128

128

128

115

121

120

114

120

116

118

118

117

119

119

118

119

122

119

Taxation and 
Customs Union

Education and 
culture

Justice and 
home affairs

Health and 
Consumer 
Protection

74

69

70

70

69

69

69

69

69

69

69

71

70

70

70

69

67

69

70

68

68

67

69

67

68

67

71

69

69

69

67

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

2

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

13

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

529

528

528

528

528

528

528

528

528

528

528

527

529

529

528

528

517

522

503

504

519

504

514

508

521

520

500

509

516

521

514

Eurostat

16

16

16

16

16

16

16

16

16

16

16

16

16

16

16

16

15

16

15

15

15

15

15

15

15

15

15

15

15

15

15

TOTAL OR %

1585

1567

1563

1568

1564

1563

1567

1560

1566

1566

1568

1568

1569

1571

1565

1566

1495

1516

1488

1481

1505

1476

1481

1490

1503

1510

1490

1489

1517

1513

1483

89,84

94,53

93,75

89,06

93,75

90,63

92,19

92,19

91,41

92,97

92,97

92,19

92,97

95,31

92,97

97,10

98,57

100,00

98,55

98,55

97,10

100,00

97,10

98,55

97,10

100,00

98,57

98,57

98,57

97,10

100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00

92,31

92,31

92,31

92,31

92,31

92,31

92,31

92,31

92,31

92,31

92,31

92,31

92,31

92,31

92,31

97,92

98,86

95,27

95,45

98,30

95,45

97,35

96,21

98,67

98,48

94,88

96,22

97,54

98,67

97,35

93,75

100,00

93,75

93,75

93,75

93,75

93,75

93,75

93,75

93,75

93,75

93,75

93,75

93,75

93,75

95,41

96,99

94,90

94,69

96,29

94,19

94,94

95,15

95,98

96,30

95,03

94,90

96,56

96,68

94,70

 
ANNEX IV - PART 3

NON-CONFORMITY OF NATIONAL MEASURES
 IMPLEMENTING DIRECTIVES

NB :

The date given is the date of notification to the Member State or the date when the action 
was filed at the Court of Justice of the European Communities.

Abbreviations used (cf. Part 1)

NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Competition

1998/2072

Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services
judgment 
16/10/2001
judgment 
6/12/2001

C-2000/146

C-1999/429

1998/2077

4/05/1999

8/07/1999

P

F

1998/2240

1998/2241

E

I

4/05/1999
27/01/1999 
01/09/2000

21/12/2001

C-2001/500

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

1998/2072

1998/2077

1998/2240

1998/2241

P

F

E

I

4/05/1999

8/07/1999

4/05/1999
27/01/1999 
01/09/2000

Employment and social affairs

judgment 
16/10/2001
judgment 
6/12/2001

C-1999/429

C-2000/146

21/12/2001

C-2001/500

Termination

Ongoing

Ongoing

Termination

Termination

Ongoing

Ongoing

Termination

Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to 
employment, vocational training and promotion, and working conditions

1998/4904

1998/2396

F

A

15/06/2001

7/02/2002

decision
20/03/2002
decision
17/12/2002

1999/2179

L

15/11/2002

7

Ongoing

Ongoing

Ongoing

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

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

1990/2144

I

4/08/1999

30/03/2001

C-2001/145

Ongoing

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

1995/2136

IR

1995/2135

1995/2137

1995/2138

1995/2139

1997/2149

1997/2173

1997/2193

1999/5063

F

I

L

NL

A

FI 

D

E

26/07/2001

1/07/2002

19/10/1998

judgment 
15/11/2001

C-2000/049

24/10/2002

18/10/1999

20/09/2002

C-2002/335

30/12/1998

15/11/2001

C-2001/441

19/12/2002

26/07/2001

19/10/1998

6/01/2000

C-2000/005

25/01/2002

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

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)

1999/2282

D

4/07/2002

Ongoing

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)

1998/2222

1999/2036

I

E

4/08/1999

14/02/2001

C-2001/065

1/07/2002

Ongoing

Ongoing

8

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (Fifth individual 
Directive within the meaning of Article 16 (1) of Directive 87/391/EEC)

1998/2224

I

9/07/1999

judgment 
24/10/2002

C-2000/455

Ongoing

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 (tenth individual Directive within the meaning of Article 16 (1) of Directive 
89/391/EEC)

1998/2354

F

6/08/1999;
11/10/2001

Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time

1997/4778

DK

27/09/2001

Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC

1999/2179

L

15/11/2002

Termination

Ongoing

Ongoing

Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and 
women in occupational social security schemes

1999/2244

L

21/12/2001

Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies

1998/4346

1999/2028

I

P

20/04/2001

5/02/2002

C-2002/032

29/12/2000

20/02/2002

C-2002/055

Ongoing

Ongoing

Ongoing

9

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Enterprises

Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to 
proprietary medicinal products

1996/2094

B

20/01/1998;
26/07/2001

Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products

1998/2239

I

14/07/1999

judgment 
07/03/2002

C-2000/365

Ongoing

Termination

Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations

1996/4294

D

16/01/2001

Ongoing

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

1995/4580

1998/4052

EL

A

23/09/1997;
13/03/2000

30/12/1998

suspended
judgment 
27/11/2001
decision
21/12/2001

C-1999/424

Ongoing

Ongoing

B

1999/5305
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

16/05/2001

Ongoing

1996/2094

B

20/01/1998;
26/07/2001

Ongoing

10

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment

1997/4213

D

21/10/1998

2/03/2001

C-2001/103

Ongoing

Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels

1993/2294

1996/4294

I

D

judgment 
25/03/1999

28/11/1995

16/01/2001

C-1997/112

2/02/2000

23/10/2001

Termination

Ongoing

Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the 
mutual recognition of their conformity

1999/4699

F

21/03/2002

Ongoing

Environment

Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils

1990/5097

1993/2115

2000/2165

2000/2206

D

P 

A

S

14/03/1995

27/11/1997

21/12/2001

21/03/2002

judgment 
09/09/1999

13/10/1999
decision 
26/06/2002
decision 
17/12/2002

2000/2207

DK

25/04/2002

Council Directive 75/442/EEC of 15 July 1975 on waste

1997/4549

UK

18/07/2002

C-1997/102

18/09/2000

26/07/2001

Termination

C-1999/392

11

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

1998/2024

I

11/04/2001

1998/2391

UK

24/07/2001

1998/5056

1999/4401

1999/4812

2000/2034

2000/2166

2002/2077

D

A

I

B

A

I

C-2002/103

20/03/2002
decision 
20/12/2001
decision
20/12/2001

27/07/2000

27/07/2000

4/05/2001

C-2001/194

27/06/2002

7/05/2001

24/07/2001 action withdrawn

C-2002/192

19/12/2002

Status on 
31/12/2002

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the 
Community

1990/5220

1997/4357

IR

B

12/06/1992; 
28/07/2000

18/12/1998

31/07/2002

C-2002/282

judgment 
14/06/2001

C-2000/230

27/06/2002

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds

1992/4279

1995/4543

1996/4016

1998/4993

1999/4095

I 

FI 

S

D

D

7/08/1997
28/04/1999;
25/07/2001

judgment 
17/05/2001
decision 
26/06/2002

4/11/1999 action withdrawn
decision 
20/03/2002

25/07/2001

25/07/2001

suspended

C-1999/159

21/12/2001

C-2001/247

12

Ongoing

Ongoing

Termination

Ongoing

Termination

Ongoing

Ongoing

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

1999/4720

1999/4937

2000/2059

MS

E

FI 

NL

RO or 
SUPRO sent

Referral 226 
EC

19/12/2002

1/07/2002

26/07/2001

decision 
17/12/2002

Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substance

1997/4357

B

18/12/1998

judgment 
14/06/2001

C-2000/230

27/06/2002

Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates

1998/4303

B

28/07/2000

decision
20/12/2001

Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants

1997/4357

B

18/12/1998

judgment 
14/06/2001

C-2000/230

27/06/2002

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment

1989/0425

1990/0129

1991/2036

1997/4357

1997/4549

1998/4303

IR

E  

EL

B

UK

B

28/04/1993

23/12/1992

judgment 
21/09/1999
judgment 
13/06/2002

C-1996/392

25/07/2000

26/07/2001

decision 
17/12/2002

C-1999/474

1/08/2000

27/07/2001

C-2001/301

18/12/1998

18/07/2002

28/07/2000

judgment 
14/06/2001

C-2000/230

27/06/2002

decision
20/12/2001

13

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

MS

S

UK

I

A

1999/2231

1999/4323

1999/5166

2001/2172

RO or 
SUPRO sent

Referral 226 
EC

23/10/2002

26/07/2001

21/11/2002

C-2002/421

19/12/2002

26/07/2002

decision 
17/12/2002

2001/2193

FI 

19/12/2002

2001/2236

2001/2257

2001/4898

2001/5061

D

E

E

E

19/12/2002

19/12/2002

19/12/2002

19/12/2002

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture

1999/2176

2000/2034

A

B

17/04/2001

suspended

7/05/2001

Ongoing

Ongoing

Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding 
the protection of animals used for experimental and other scientific purposes

1991/2216

1997/2229

1998/2031

IR 

NL

F

25/05/1993

judgment 
18/10/2001

C-1999/354

21/03/2002

27/06/2002

1/08/2000

18/05/2001

C-2001/205

18/12/1998

judgment 
12/09/2002

C-2000/152

Ongoing

Ongoing

Ongoing

14

        
  
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Council Directive 87/101/EEC of 22 December 1986 amending Directive 75/439/EEC on the disposal of waste oils

1990/5097

1993/2115

D

P 

14/03/1995

judgment 
09/09/1999

C-1997/102

18/09/2000

26/07/2001

27/11/1997

13/10/1999

C-1999/392

Termination

Ongoing

Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding 
the protection of animals used for experimental and other scientific purposes

2001/2018

A

27/06/2002

Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants

2000/2299

A

26/07/2001 action withdrawn 

C-2002/155

Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste-incineration plants

2000/2299

A

26/07/2001 action withdrawn 

C-2002/155

Ongoing

Termination

Termination

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

1993/2277

F

27/07/2000

decision
20/12/2001

Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms

1992/2248

F

19/05/2000

5/11/2001

C-2001/429

Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms

1992/2304

F

5/04/2000

25/07/2001

C-2001/296

Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment

Ongoing

Ongoing

Ongoing

15

        
  
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

1993/2058

1999/2123

MS

F

A

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

8/02/1999

13/06/2000

C-2000/233

27/07/2000 action withdrawn

C-2001/086

Status on 
31/12/2002

Ongoing

Termination

Council Directive 90/641/Euratom of 4 December 1990 on the operational protection of outside workers exposed to the risk of ionizing radiation during their 
activities in controlled areas

1998/2307

B

1/08/2000

judgment 
06/06/2002

C-2001/146

Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste

1997/4357

1998/2024

1998/2329

B

I

I

18/12/1998

judgment 
14/06/2001

C-2000/230

27/06/2002

11/04/2001

20/03/2002

C-2002/103

14/07/1999

judgment 
21/02/2002

C-2000/065

1998/2391

UK

24/04/2001

decision 
20/12/2001

1999/4812

2000/2034

2002/2077

I

B

I

27/06/2002

only for Directive 91/689

19/12/2002

Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances

1998/4916

I

24/07/2001

decision 
20/12/2001

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources

1994/2237

D

29/09/1998

judgment 
14/03/2002

C-2000/161

19/12/2002

Ongoing

16

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

1994/2238

1994/2239

MS

IR

B 

9/02/2001

23/11/1998

10/10/2001
decision
20/12/2001

C-2001/396

1996/2106

UK

9/06/1998

1996/2232

I 

19/02/1998

judgment 
07/12/2000
judgment 
8/11/2001

C-1999/069

24/10/2001

C-1999/127

2/07/2002

Council Directive 91/689/EEC of 12 December 1991 on hazardous waste

1998/2024

1998/2329

I

I

1998/2392

UK

1998/5056

1999/4401

2000/2034

2000/2164

2000/2281

D

A

B

A

F

11/04/2001

20/03/2002

C-2002/103

14/07/1999

24/07/2001

27/07/2000

judgment 
21/02/2002

28/11/2002
decision
20/12/2001

C-2000/065

C-2002/431

27/07/2000

4/05/2001

C-2001/194

7/05/2001

26/07/2001

24/05/2002

C-2002/194

27/06/2002

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

1998/2210

1998/2226

1998/2233

L

B

S

21/01/2000

10/02/2000

14/02/2001
judgment 
05/12/2002

C-2001/075

C-2001/324

1/08/2000 action withdrawn

C-2001/279

17

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

        
 
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

MS

D

UK

I

FI

1998/4993

1999/2119

1999/2180

1999/4937

RO or 
SUPRO sent

Referral 226 
EC

decision 
20/03/2002

25/07/2001

25/07/2001

25/07/2001

17/04/2002

C-2002/143

1/07/2002

2000/2059

NL

26/07/2001

decision 
17/12/2002

Council Directive 92/72/EEC of 21 September 1992 on air pollution by ozone

2001/2019

A

21/12/2001

decision 
26/06/2002

European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

1991/4489

1996/4515

1998/2329

1998/4811

D

DK 

I

FI

27/07/2000

3/12/2001

C-2001/463

6/11/1998 action withdrawn
judgment 
21/02/2002

14/07/1999

C-1999/246

C-2000/065

22/07/2002

2000/2214

DK 

26/07/2001

2001/2020

A

19/12/2002

decision 
20/12/2001

Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous waste

1999/4400

A

17/01/2001

6/02/2002

C-2002/033

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

18

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Termination

Ongoing

Termination

Ongoing

Ongoing

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

UK

EL

A

S

FI

2000/0070

2000/0105

2001/2129

2001/2130

2001/2192

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

judgment 
7/03/2002
judgment 
7/03/2002

C-2001/039

19/12/2002

C-2001/064

19/12/2002

3/08/2000

25/07/2000

19/12/2002

27/06/2002

18/07/2002

Ongoing

Ongoing

Ongoing

Ongoing

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

1999/2231

1999/0343

S

L

23/10/2002

26/01/2000

judgment 
19/02/2002

C-2000/366

19/12/2002

1999/4323

UK

26/07/2001

21/11/2002

C-2002/421

1999/5166

2001/2172

2001/2193

2001/2236

I

A

FI

D

decision 
17/12/2002

19/12/2002

26/07/2002

19/12/2002

19/12/2002

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market  

2000/0512

L

24/01/2001

judgment 
16/05/2002

C-2001/372

19/12/2002

Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption

2001/0160

B

26/07/2001

5/04/2002

C-2002/122

Ongoing

Ongoing

19

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

2001/0212

E

26/07/2001

1/02/2002

C-2002/029

Status on 
31/12/2002

Ongoing

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

1998/4916

2000/0240

I

I

Information Society

24/07/2001

17/01/2001

decision 
20/12/2001
judgment 
30/05/2002

C-2001/323

18/10/2002

Ongoing

Ongoing

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

1999/2242

2001/2247

2001/2248

P

FI

S

20/09/2000

suspended

1/07/2002

1/07/2002

Termination

Ongoing

Termination

Directive 97/13/CE of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorizations and individual licences 
in the field of telecommunications services

1998/2122

1999/2130

2002/2152

F 

D

F

17/05/1999

suspended

26/01/2000

suspended

19/12/2002

Ongoing

Ongoing

Ongoing

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)

1998/2077

1998/2122

F

F

8/07/1999

judgment 
6/12/2001

C-2000/146

17/05/1999

suspended

Ongoing

Ongoing

20

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

B

FI

FI

1998/2131

2001/2047

2001/2055

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

judgment 
19/09/2002

C-2001/221

15/04/1999

1/07/2002

1/07/2002

Ongoing

Ongoing

Ongoing

21

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Directive 97/66 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    

2000/2236

2000/2237

I

NL

25/07/2001 action withdrawn

C-2002/070

25/07/2001

1/10/2002

C-2002/350

Termination

Ongoing

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 telecommunications in a competitive environment

1998/2375

1998/2377

1999/2125

2001/2067

L

B

A

A

26/01/2000;
21/12/2001
02/02/2000; 
20/09/2000

1/02/2000

decision 
26/06/2002

21/12/2001

18/11/2002

C-2002/411

Termination

Termination

Ongoing

Ongoing

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

2000/2020

F

3/08/2000

decision
28/03/2001

Justice and Home Affairs

Termination

Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in 
municipal elections by citizens of the Union residing in a Member State of which they are not nationals

1998/2051

EL 

11/08/1999

suspended

Termination

22

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Internal market

p

services in respect of the activities of insurance agents and brokers (ex ISIC Group 630) and, in particular, transitional measures in respect of those 
activities

1995/4242

E

29/07/1998

decision 
01/07/1999

Ongoing

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

2000/2052

A

25/07/2001

decision 
26/06/2002

Ongoing

Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action in respect of 
the activities of dental practitioners

2000/2052

A

25/07/2001

decision 
26/06/2002

Ongoing

Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning 
liability for defective products

1998/2231

1998/2245

EL

F

11/08/1999

6/08/1999

judgment 
25/04/2002
judgment 
25/04/2002

C-2000/154

C-2000/052

Termination

Ongoing

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 

1996/2254

2000/2116

F

E

15/10/1998

judgment 
10/05/2001

26/07/2001

decision 
20/12/2001

C-2000/285

8/07/2002

19/12/2002

Ongoing

Ongoing

23

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

2001/4046

EL

1/07/2002

decision 
17/12/2002

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Ongoing

Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of 
review procedures to the award of public supply and public works contracts
7/07/1997;
9/02/2001

decision 
17/12/2002

1994/2236

Ongoing

P

1995/2054

1997/2012

E

A

25/08/1999

30/05/2000

C-2000/214

26/07/2001

5/06/2002

C-2002/212

Ongoing

Ongoing

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 telecommunications sectors

1995/2082

1995/2084

1997/2012

F

UK

A

8/11/1996

judgment 
19/05/1999

C-1997/225

24/01/2001

26/07/2001

8/07/1998 action withdrawn

C-2001/115

26/07/2001

5/06/2002

C-2002/212

Termination

Termination

Ongoing

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)

1995/2046

1995/2108

1995/2109

1996/2134

1996/2135

1996/2137

F

D

FI

F

B

FI

5/03/1997

judgment 
16/12/1999

C-1998/239

4/04/2000

18/09/2000

15/07/2002 C-2002/261

Ongoing

30/05/2000

26/07/2001

C-2001/298

19/04/2001

20/04/2001

30/09/2002

C-2002/347

23/10/2001

23/10/2001

24

Ongoing

Termination

Ongoing

Termination

Termination

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

2000/4317

2001/2123

MS

I

L

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

27/10/2000

1/02/2001

C-2001/059

21/12/2001

30/09/2002

C-2002/346

Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts

1997/4522

2001/2213

I

F

10/08/1998 action withdrawn

C-2001/412

23/10/2002

Status on 
31/12/2002

Ongoing

Ongoing

Termination

Ongoing

Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 
89/48/EEC

1999/2216

EL

2000/2116

2000/2271

E

I

24/01/2001; 
27/06/2002

26/07/2001

decision 
20/12/2001

24/07/2001

20/03/2002

C-2002/101

Ongoing

Ongoing

Ongoing

Council Directive 92/96/EEC of 10 November 1992 on the coordination 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)

1995/2046

F

5/03/1997

judgment 
16/12/1999

C-1998/239

4/04/2000

18/09/2000

15/07/2002 C-2002/261

Ongoing

Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts

1996/2104

2001/2213

E

F

24/01/2001; 
31/01/2002

decision 
26/06/2002

23/10/2002

Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts

1996/2105

E

24/01/2001; 
31/01/2002

decision 
26/06/2002

Ongoing

Ongoing

Ongoing

25

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

2001/2213

MS
F

RO or 
SUPRO sent

Referral 226 
EC

23/10/2002

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002
Ongoing

Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and 
telecommunications sectors
2001/2213

23/10/2002

F

Ongoing

Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of 
Community postal services and the improvement of quality of service    

2000/2117

2000/2106

B

F

25/07/2001

27/06/2002

Health and consumer protection

Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours

1998/2388

L

19/10/2000 action withdrawn

C-2001/242

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts

1994/2170

NL

6/04/1998

1998/2026

1998/2032

I 

S 

18/12/1998

21/12/1998

judgment 
10/5/2001
judgment 
24/1/2002
judgment 
7/5/2002

C-1999/144

5/11/2001

C-1999/372

15/11/2002

C-1999/478

Ongoing

Ongoing

Termination

Termination

Ongoing

Termination

Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts 
relating to the purchase of the right to use immovable properties on a timeshare basis

1998/2034

P

2/02/2001

1999/2043

3/08/2000 action withdrawn

C-2001/124

Termination

Termination

26

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the 
labelling, presentation and advertising of foodstuffs

2001/2003

F

18/07/2002

Taxation and customs union

Ongoing

Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct 
taxation

1996/2196

UK

27/06/2002

decision 
17/12/2002

Ongoing

Council Directive 79/1070/EEC of 6 December 1979 amending Directive 77/799/EEC concerning mutual assistance by the competent authorities of the 
Member States in the field of direct taxation

1996/2196

UK

27/06/2002

decision 
17/12/2002

Ongoing

Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and 
monitoring of such products

1996/2196

UK

27/06/2002

decision 
17/12/2002

Energy and transport

Council Directive 91/439/EEC of 29 July 1991 on driving licences

1996/2214

1996/2220

1997/2027

1999/2167

1999/2269

EL

NL

D

E

F

7/09/2000

suspended

7/12/1998

20/06/2000

C-2000/246

21/03/2002

26/07/2001

27/05/2002

C-2002/195

17/01/2001

13/03/2002

C-2002/085

27

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

        
NON-CONFORMITY OF NATIONAL MEASURES IMPLEMENTING DIRECTIVES

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 sent RO 228 sent

Referral 228 
EC

Case

Status on 
31/12/2002

Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports

1998/5036

1999/4472

D

I

21/03/2002

decision 
16/10/2002

24/07/2001

19/12/2002

C-2002/460

Ongoing

Ongoing

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

2000/2171

B

1/02/2001

8/04/2002

C-2002/126

Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships

1999/2135

2000/2098

B

I

7/09/2000

judgment 
27/02/2002

23/10/2001

decision 
26/06/2002

C-2001/140

Ongoing

Termination

Termination

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

2000/2218

D

13/06/2001

decision 
16/10/2002

Ongoing

28

        
ANNEX IV - PART 4

INCORRECT APPLICATION OF DIRECTIVES

NB :

The date given is the date of notification to the Member States or the date when the action 
was filled at the Court of Justice of the European Communities

Abbereviations used (cf. Part 1)

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Agriculture
Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising 
of foodstuffs for sale to the ultimate consumer 

1994/2105

1994/2106

1994/2130

1994/2135

1994/2225

1994/2226

1994/2227

1994/2228

1994/2229

1994/2230

1994/2231

1994/2232

1994/2233

1994/2234

1994/4603

B

B

F

I

F

F

F

F

F

F

F

F

F

F

D

27/06/2002

27/06/2002

decision 
17/12/2002
decision 
17/12/2002

28/04/1999

10/01/2002

C-2002/006

21/12/2001

28/11/2002

C-2002/430

28/04/1999

10/01/2002

C-2002/006

28/04/1999

10/01/2002

C-2002/006

28/04/1999

10/01/2002

C-2002/006

28/04/1999

10/01/2002

C-2002/006

28/04/1999

10/01/2002

C-2002/006

28/04/1999

10/01/2002

C-2002/006

28/04/1999

10/01/2002

C-2002/006

28/04/1999

10/01/2002

C-2002/006

28/04/1999

10/01/2002

C-2002/006

28/04/1999

11/12/1998

10/01/2002
judgment 
05/11/2002

C-2002/006

C-2000/325

52

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the 
labelling, presentation and advertising of foodstuffs

2000/5213

E

25/04/2002

decision 
16/10/2002

Competition

Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services

1999/4784

2001/2217

L

P

3/08/2000

27/02/2001

C-2001/097

19/12/2002

Commission Directive 96/2/EC of 16 January 1996 amending Directive 90/388/EEC with regard to mobile and personal communications

1998/2100

EL

17/12/1998

judgment 
16/10/2001

C-1999/397

Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products

2001/2217

P

19/12/2002

Ongoing

Ongoing

Ongoing

Termination

Ongoing

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

1999/4784

L

3/08/2000

27/02/2001

C-2001/097

Ongoing

Education and culture

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member 
States concerning the pursuit of television broadcasting activities

1998/4572

E

24/01/2001; 
26/04/2002

Ongoing

Employment and social affairs
Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to 
employment, vocational training and promotion, and working conditions

53

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

2000/2312

MS

D

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

27/06/2002

decision 
17/12/2002

Status on 
31/12/2002

Ongoing

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

1997/4779

2000/4194

P

I

2/02/2001

18/07/2002

26/10/2001
decision 
17/12/2002

C-2001/425

Ongoing

Ongoing

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)

2000/4194

I

18/07/2002

decision 
17/12/2002

Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC

2000/2003

UK

2/04/2001

Ongoing

Termination

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      

2000/2003

UK

2/04/2001

Termination

Enterprise

Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations

1996/0556

2001/0629

B

P

21/03/2002

1/07/2002

Ongoing

Ongoing

Council Directive 88/182/EEC of 22 March 1988 amending Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical 
standards and regulations

1996/0556

2001/0629

B

P

21/03/2002

1/07/2002

Ongoing

Ongoing

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

54

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

1997/4349

MS

FI

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

17/12/1998

8/06/2000

C-2000/229

Status on 
31/12/2002

Ongoing

Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil 
uses

1997/4054
Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions 
of the Member States relating to recreational craft

C-2002/086

13/03/2002

7/04/2000

Ongoing

D

2001/2017

B

19/12/2002

Ongoing

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 

1999/4086

1996/0556

2001/0629

P

B

P

20/04/2001

21/03/2002

1/07/2002

Ongoing

Ongoing

Ongoing

55

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Environment

Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils

1999/2100

2000/2170

2000/2193

2000/2197

2000/2209

2000/2231

2000/2243

2001/2042

I 

EL

IR

F

B

UK

FI

P

judgment 
11/12/2001
decision 
17/12/2002

C-2000/376

26/01/2000

27/06/2002

25/07/2001

24/10/2002

22/07/2002

21/12/2001

18/11/2002

C-2002/424

23/10/2002
23/10/2001; 
21/12/2001

decision 
26/06/2002

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member 
States

1992/4200

2001/2127

F 

F

28/10/1997

27/06/2002

Council Directive 75/442/EEC of 15 July 1975 on waste

judgment 
8/03/2001

C-1999/266

21/12/2001

1990/0262

1995/4485

1995/4727

1997/4726

1998/2162

I 

NL

D

EL

E 

5/07/1996

judgment 
09/11/1997

C-1997/365

27/07/2001

1/08/2000

27/03/2002

C-2002/113

19/02/1999

7/06/2000

C-2000/228

3/08/1999

action withdrawn

C-2001/302

28/02/2000

20/11/2001

C-2001/446

56

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

21/12/2001

19/12/2002

27/06/2002

31/01/2001

23/10/2001

26/01/2000

27/06/2002

11/04/2001

21/10/2002
judgment 
11/12/2001

C-2002/375

C-2000/376

23/10/2001

24/10/2002

C-2002/383

26/07/2001

20/10/2001

C-2001/494

21/12/2001

11/11/2002

C-2002/398

21/12/2001

21/11/2002

C-2002/420

26/07/2001

19/11/2002

C-2002/416

27/06/2002

19/12/2002

19/12/2002

27/06/2002

19/12/2002

19/12/2002

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Infringement 
No

1998/2203

1998/4215

1998/4802

1998/5057

1998/5091

1999/2100

1999/2240

1999/4006

1999/4797

1999/5112

2000/2225

2000/2315

2000/4044

2000/4554

2000/4689

2000/4905

2001/2127

2001/2273

2001/4894

MS

I

IR

I

E

I

I 

I

I

I

IR

E

EL

E

I

E

UK

F

EL

E

Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water

1989/0317

D

22/06/1994

judgment 
08/06/1999

C-1997/198

28/07/2000

20/12/2002

Ongoing

57

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

C-1998/307

1/02/2001

19/12/2002

C-1996/092

24/01/2000

27/07/2000

13/07/2001 C-2001/278

Ongoing

1989/0416

1989/0418

1996/2107

1996/2108

1996/2109

1997/4742

1998/2196

1999/2142

1999/2156

1999/5281

2000/2196

2000/4432

2000/4689

2000/4722

B

E

F  

P

NL

UK

F

S

DK

EL

F

E

E

IR

27/12/1996

27/11/1990

5/08/1998

11/12/1998

15/10/1998

28/02/2000

6/08/1999

26/01/2000

judgment 
25/05/2000
judgment 
12/02/1998
judgment 
15/03/2001

10/07/2001
judgment 
19/03/2002
judgment 
13/11/2001
judgment 
15/03/2001
judgment 
14/06/2001

C-2000/147

C-2001/272

C-2000/268

C-2000/427

C-2000/147

C-2000/368

19/12/2002

7/04/2000

6/06/2001

C-2001/226

19/12/2002

26/07/2001

action withdrawn

C-2002/129

1/07/2002

19/12/2002

19/12/2002

Status on 
31/12/2002

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community

1990/0960

1990/0979

1990/4113

1991/0205

E 

EL

NL 

B 

17/11/1994

23/12/1996

23/12/1996

6/08/1996

judgment 
25/11/1998
judgment 
25/05/2000

17/04/1998
judgment 
21/01/1999

C-1996/214

24/07/2001

C-1997/384

27/07/2001

C-1998/152

27/06/2002

19/12/2002

C-1997/207

24/07/2001

4/07/2002

Ongoing

Ongoing

Ongoing

Ongoing

58

INCORRECT APPLICATION OF DIRECTIVES

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

RO or 
SUPRO sent
18/05/1993; 
24/02/2000

Infringement 
No

MS

1991/0206

1991/0207

1991/0556

1991/0642

1998/2060

2000/4678

F 

L 

P

I 

B

IR

21/03/2001

C-2001/130

25/05/1993

25/05/1993

25/05/1993

11/06/1998
judgment 
13/07/2000
judgment 
01/10/1998

C-1996-206

25/07/2001

27/06/2002

C-1998/261

23/10/2001

27/06/2002

C-1996/285

24/06/2001

22/12/1998

13/11/2002

C-2002/406

19/12/2002

Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life

1998/2060

2000/4126

B

UK

22/12/1998

13/11/2002

C-2002/406

19/12/2002

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds

1989/4910

1991/4599

1993/2165

1994/4733

1994/5069

1995/4554

1995/4840

1997/2004

1997/4360

F

F 

I

F

EL

P

IR

F 

D

judgment 
25/11/1999
judgment 
19/03/1999

5/10/2001
judgment 
07/12/2000
decision 
17/12/2002

judgment 
13/06/2002
judgment 
26/11/2002

28/11/1995

3/07/1995

18/08/1998

19/12/1997

28/07/2000

21/12/2001

8/04/1998

4/04/2000

19/12/2002

C-1998/096

29/01/2001

27/06/2002

C-1997/166

27/10/1999

21/12/2001

C-2001/378

C-1998/374

25/07/2001

21/12/2001;
19/12/2002

C-2000/117

C-2001/202

59

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

1998/2068

1998/2208

1998/2290

1998/2345

1998/4203

1998/4215

1998/4440

1998/4602

1999/2212

1999/4311

1999/4459

1999/4814

1999/4815

1999/4931

1999/5005

1999/5109

1999/5129

1999/5277

2000/2077

2000/2213

E

FI

IR

EL

P

IR

A

F

E

P

A

B

F

NL

A

B

UK

I

P

L

26/07/2001

decision 
24/04/2002

17/12/1998

15/06/2000

C-2000/240

23/10/2001

19/12/2002

30/06/2000

suspended

19/12/2002

13/11/2001

31/01/2001

only for Directives 85/337 and 97/11

30/01/2001

4/03/2002

C-2002/072

27/07/2000

4/06/2002

C-2002/209

19/07/2000

19/10/2001

C-2001/415

25/07/2001

25/07/2001

suspended

23/10/2001

7/09/2000
27/06/2002 ; 
19/12/2002

27/06/2002

11/04/2001

action withdrawn

C-2001/377

decision
18/07/2001

21/12/2001

suspended

60

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Infringement 
No

2000/2289

2000/4418

2000/4674

2000/4884

2000/5150

MS

EL

P

A

P

I

decision 
16/10/2002
decision 
16/10/2002

19/12/2002

11/04/2001

16/01/2002

12/07/2002

19/12/2002

Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters 

2000/4210

2000/4432

IR

E

25/07/2001

28/02/2002

C-2002/067

1/07/2002

Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances

1992/4682

1998/2060

1998/5057

1999/4830

2000/4044

2000/4678

EL

B

E

E

E

IR

27/06/2002

decision 
17/12/2002

22/12/1998

13/11/2002

C-2002/406

31/01/2001

26/07/2001

26/07/2001

19/11/2002

C-2002/416

19/12/2002

Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption

1997/4409

1999/2232

2000/4248

IR

F

E

14/07/1999

19/12/2002

26/07/2001

judgment 
14/11/2002

C-2000/316

decision 
26/06/2002

61

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

2001/4356

P

27/06/2002

decision 
17/12/2002

Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants

1997/4906

EL

21/03/2002

decision 
17/12/2002

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment

judgment 
13/06/2002
decision
18/07/2001

C-2000/117

action withdrawn
decision
20/12/2001

C-2001/302

1995/4554

1995/4840

1997/4442

1997/4639

1997/4703

P

IR

E 

F

IR

1997/4726

EL

1997/4773

1997/4829

1998/2389

1998/4155

1998/4215

1998/4382

1998/4602

1998/4855

1998/5057

L 

F

E

E

IR

NL

F

F

E

21/12/2001

8/04/1998

27/07/2000

21/12/2001

6/08/2001

3/08/1999

25/07/2000

27/06/2002
31/01/2001; 
27/06/2002

26/07/2001

19/12/2002

26/07/2001

21/12/2001
23/10/2001;
21/12/2001

31/01/2001

62

Status on 
31/12/2002

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Termination

INCORRECT APPLICATION OF DIRECTIVES

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

27/06/2002

19/12/2002

26/07/2001

decision 
17/12/2002

26/09/2000

7/06/2001

C-2001/227

13/03/2002

C-2002/087

decision 
17/12/2002

26/07/2001
7/09/2000;
21/12/2001

2/07/2002

26/07/2001

27/06/2002

19/12/2002

26/07/2001

19/11/2002

C-2002/416

21/12/2001

19/12/2002

Dossier traité sous 2000/4616

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Voir 2000/4616

Ongoing

Infringement 
No

1999/2240

1999/2251

1999/4465

1999/4495

1999/4715

1999/4810

1999/4813

1999/4830

1999/5277

1999/5281

2000/4044

2000/4616

2000/4777

2000/4905

MS

I

I

UK

E 

I

I 

I

E

I

EL

E

IR

IR

UK

Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture

1999/2100

2000/2191

I 

I

26/01/2000

judgment 
11/12/2001

C-2000/376

26/07/2001

8/07/2002

C-2002/248

Termination

Ongoing

Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the 
protection of animals used for experimental and other scientific purposes

1997/4379

B

29/01/2001

suspended

Ongoing

63

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

1999/5144

MS

E

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

21/12/2001

Council Directive 87/101/EEC of 22 December 1986 amending Directive 75/439/EEC on the disposal of waste oils

2000/2209

2001/2042

B

P

22/07/2002
23/10/2001;
21/12/2001

decision 
26/06/2002

Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants

1993/4621

1999/4014

E 

F

24/07/1998

21/10/1999

judgment 
11/07/2002
judgment 
18/06/2002

C-2000/139

C-2001/060

Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste-incineration plants

1999/4014

F

21/10/1999

judgment 
18/06/2002

C-2001/060

Status on 
31/12/2002

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

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

2000/4762

UK

23/10/2002

Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment

2000/4210

2001/4942

IR

E

19/12/2002

only for Directive 79/923

Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste

1997/2178

1997/2182

1997/2185

F 

I 

UK

5/08/1998

21/10/1998

23/04/1999

judgment 
02/05/2002
judgment 
24/01/2002
judgment 
24/01/2002

C-1999/292

C-1999/466

19/12/2002

C-2000/035

64

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

1998/2203

1998/4802

1998/5091

1999/2238

1999/2240

1999/4006

1999/4100

1999/4797

1999/5112

2000/2315

2000/4905

2001/2273

I

I

I

L 

I

I

L 

I

IR

EL

UK

EL

21/12/2001

27/06/2002

23/10/2001

25/07/2000

27/06/2002

11/04/2001

21/10/2002
judgment 
15/01/2002

C-2002/375

C-2001/196

19/12/2002

4/04/2000

19/12/2000

C-2000/458

23/10/2001

24/10/2002

C-2002/383

26/07/2001

20/10/2001

C-2001/494

21/12/2001

21/11/2002

C-2002/420

19/12/2002

19/12/2002

Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances

2000/2194

D

25/07/2001 suspended

Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment

1997/2069

1998/2110

1998/2194

1998/2265

1999/2020

E

F

D

UK

I 

11/12/1998

23/10/2001

C-2001/419

10/04/2001

30/07/2002

C-2002/280

28/10/1999

action withdrawn

C-2002/191

19/04/2001

21/01/2000

judgment 
25/04/2002

C-2000/396

65

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

1999/2030

1999/4336

2000/2014

2000/2017

2000/4044

2000/2047

2000/4432

2000/4722

2002/2109

2002/2115

B 

EL

EL

EL

E

IR

E

IR

B

F

3/11/2000

decision
18/07/2001

27/07/2001

3/04/2002

C-2002/119

26/07/2001

suspended

21/12/2001

26/07/2001

19/11/2002

C-2002/416

7/10/2002

1/07/2002

19/12/2002

19/12/2002

19/12/2002

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources

1994/2246

1997/2192

1997/4750

1998/2158

2000/2260

2000/4044

2000/2099

F 

L 

B 

NL

P

E

A

9/07/1999

26/01/2000

9/11/1999

judgment 
27/06/2002
judgment 
8/03/2001
decision
18/07/2001

C-2000/258

C-2000/266

18/10/2002

3/08/1999

30/08/2000

C-2000/322

25/07/2001

suspended

26/07/2001

19/11/2002

C-2002/416

18/10/2002

Council Directive 91/689/EEC of 12 December 1991 on hazardous waste

66

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

1992/4682

1997/2178

1997/2182

1997/2185

1998/2174

1998/5057

1998/5091

2000/4689

EL

F 

I 

UK

EL

E

I

E

decision 
17/12/2002
judgment 
02/05/2002
judgment 
24/01/2002
judgment 
24/01/2002
judgment 
13/06/2002

27/06/2002

5/08/1998

21/10/1998

23/04/1999

17/12/1998

31/01/2001

C-1999/292

C-1999/466

19/12/2002

C-2000/035

C-2001/033

23/10/2001

21/10/2002

C-2002/375

19/12/2002

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the 
environment

1998/2060

1998/2173

1999/2100

2000/2191

B

P 

I 

I

22/12/1998

2/02/1999

13/11/2002
judgment 
12/12/2000

C-2002/406

C-1999/435

26/01/2000

3/10/2000

C-2000/376

26/07/2001

8/07/2002

C-2002/248

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

1989/4910

1991/4599

1994/4733

1995/2223

1995/2225

F

F 

F

S 

D 

28/11/1995

3/07/1995

19/12/1997
2/08/1999 ; 
26/06/2002

19/12/1997

judgment 
25/11/1999
judgment 
19/03/1999
judgment 
07/12/2000

C-1998/096

29/01/2001

27/06/2002

C-1997/166

27/10/1999

C-1998/374

25/07/2001

21/12/2001
21/12/2001;
19/12/2002

judgment 
11/09/2001

C-1999/071

67

Ongoing

Termination

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Infringement 
No

1995/2229

1995/2230

1995/4554

1995/4840

1997/2004

1997/4360

1997/4639

1997/4969

1998/2277

1998/2290

1998/2346

1998/2389

1998/4017

1998/4215

1998/4440

1998/4602

1998/4718

1998/4855

1999/2275

1999/4311

MS

IR 

F 

P

IR

F 

D

F

D

EL

IR

I

E

UK

IR

A

F

E

P

P 

P

INCORRECT APPLICATION OF DIRECTIVES

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

judgment 
11/09/2001
judgment 
11/09/2001

judgment 
13/06/2002
judgment 
26/06/2002

C-1999/067

21/12/2001

C-1999/220

C-2000/117

C-2001/202

judgment 
30/01/2002

C-2000/103

19/12/2002

19/12/1997

6/11/1997

21/12/2001

8/04/1998

4/04/2000

19/12/2002

21/12/2001

2/02/2001

15/06/1999

23/10/2001

9/02/2001
31/01/2001; 
27/06/2002

2/02/2001

9/11/2001

C-2001/434

19/12/2002

13/11/2001

21/12/2001
23/10/2001;
21/12/2001

only for  Directives 85/337 and 97/11

25/07/2000

27/03/2002

C-2002/117

30/01/2001

4/03/2002

C-2002/072

68

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

1999/4813

1999/5005

1999/5085

I

A

P

1999/5129

UK

1999/5197

1999/5199

1999/5277

D

F

I

2000/2289

EL

2000/4418

2000/4616

2000/5150

2000/5242

2001/2070

P

IR

I

S 

FI

decision 
17/12/2002

decision 
16/10/2002

decision 
16/10/2002

2/07/2002

23/10/2001

17/01/2002
27/06/2002 ; 
19/12/2002

19/12/2002

21/12/2001

27/06/2002

19/12/2002

11/04/2001

21/12/2001

19/12/2002

26/07/2001

4/07/2002

European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

1997/2178

1997/2182

1997/2185

1999/4099

F 

I 

UK

IR

5/08/1998

21/10/1998

23/04/1999

19/12/2002

judgment 
02/05/2002
judgment 
24/01/2002
judgment 
24/01/2002

C-1999/292

C-1999/466

19/12/2002

C-2000/035

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against 
the dangers arising from ionizing radiation

69

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

2000/4762

MS

UK

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

23/10/2002

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

1999/2254

1999/2255

1999/2256

1999/2258

1999/2260

1999/2261

1999/2262

1999/2263

1999/2264

1999/2266

1999/2267

1999/2268

D

A

B

E 

F 

EL 

IR 

I 

L 

P 

UK

S 

19/01/2001

22/11/2001

C-2001/454

26/07/2001

action withdrawn

C-2002/146

22/07/2002

18/09/2000

judgment 
03/10/2002

C-2001/047

27/07/2000

6/06/2002

C-2001/177

19/12/2002

1/08/2000

12/03/2002

C-2002/083

25/07/2000

action withdrawn

C-2001/120

27/02/2002
judgment 
05/12/2002

C-2001/046

18/10/2002

C-2001/174

17/05/2002

C-2002/185

3/08/2000

25/07/2000

1/08/2000
3/08/2000;
21/12/2001

9/02/2001

Status on 
31/12/2002

Ongoing

Ongoing

Termination

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Termination

Termination

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

1998/4602

1999/2240

1999/4715

2000/4044

F

I

I

E

21/12/2001

27/06/2002

26/07/2001

13/03/2002

C-2002/087

26/07/2001

19/11/2002

C-2002/416

70

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption

2001/2005

UK

24/07/2001

26/02/2002

C-2002/063

Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste

2001/4894

E

19/12/2002

Ongoing

Ongoing

71

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Information Society

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 

2001/2050

2001/2053

2001/2054

EL

L

A

1/07/2002

21/03/2002

1/07/2002

Ongoing

Ongoing

Ongoing

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 telecommunications in a competitive environment

decision 
26/06/2002

2001/2065

2001/2056

2001/2060

2001/2066

2002/2042

2002/2044

2002/2150

2002/2151

L 

B

A

NL

F

P

EL

I

21/12/2001

21/03/2002

1/07/2002

1/07/2002

19/12/2002

19/12/2002

19/12/2002

19/12/2002

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

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

2000/2024

2000/2109

2000/2110

2000/2238

2000/2296

NL

D 

UK

F

S 

1/08/2000;
30/04/2001
30/10/2000; 
20/04/2001

2/02/2001

30/04/2001

26/07/2001

decision 
26/06/2002

6/11/2002

C-2002/401

decision
20/12/2001
decision
20/12/2001

72

Termination

Ongoing

Termination

Ongoing

Termination

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Justice and Home Affairs

Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which 
are justified on grounds of public policy, public security or public health

1997/2207

1999/5306

D 

B

24/07/2000

13/05/2002

5/12/2002
decision
17/12/2002

C-2002/441

Ongoing

Ongoing

Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member 
States and their families

1998/5022

E

5/04/2002

Ongoing

1999/4273
Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States 
with regard to establishment and the provision of services

5/04/2002

Ongoing

E

decision
16/10/2002
decision
16/10/2002

1998/5022

1999/4273

E

E

5/04/2002

5/04/2002

decision
16/10/2002
decision
16/10/2002

Council Directive 90/364/EEC of 28 June 1990 on the right of residence

1999/5306

B

13/05/2002

decision
17/12/2002

Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students

2002/2097

F

19/12/2002

Internal market

Ongoing

Ongoing

Ongoing

Ongoing

Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use 
of motor vehicles, and to the enforcement of the obligation to insure against such liability 

73

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

2000/4515

MS

IR

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

26/07/2001

Status on 
31/12/2002

Termination

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

1990/0412

1996/2179

1997/4363

I 

I

P

28/11/1991

18/08/1998

1/02/2000

judgment 
01/06/1995
judgment 
29/11/2001
decision 
17/12/2002

C-1993/040

C-1999/202

Ongoing

Ongoing

Ongoing

Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action in respect of the 
activities of dental practitioners

1990/0412

1996/2179

I 

I

28/11/1991

18/08/1998

judgment 
01/05/1995
judgment 
29/11/2001

C-1993/040

C-1999/202

Ongoing

Ongoing

Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in 
respect of the use of motor vehicles

1999/5120

UK

19/12/2002

Ongoing

Council Directive 84/641/EEC of 10 December 1984 amending, particularly as regards tourist assistance, the First Directive (73/239/EEC) on the coordination of 
laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance

1998/4727

EL 

18/09/2000

suspended

Termination

Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, 
including measures to facilitate the effective exercise of the right of establishment and freedom to provide services

1994/4270

1997/4319

I

EL 

23/03/1998

judgment 
21/03/2002

C-1999/298

24/02/2000

19/11/2002

C-2002/417

Ongoing

Ongoing

74

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

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

1998/2324

1999/2076

1999/2079

1999/2126

A

E

P 

D

26/07/2001

24/07/2000

decision 
16/10/2002
decision 
26/06/2002

29/12/2000

8/05/2002

C-2002/171

21/12/2001

2000/4520

NL

11/10/2001

Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts

1995/4379

1997/4134

1997/4540

1998/4905

1998/5025

1998/5040

1999/4009

B

I

D 

D 

B

E

D

1999/4414

NL

1999/4887

1999/5040

1999/5157

2000/2066

F

IR

D

F

10/03/1999

29/06/2001

C-2001/252

21/12/2001

6/03/2000

23/01/2001

C-2001/028

6/03/2000

16/01/2001

C-2001/020

9/02/2001

21/12/2001

20/04/2001

30/04/2001

decision 
17/12/2002

26/07/2001

24/09/2002

C-2002/340

19/12/2002

25/07/2001

27/06/2002

decision 
17/12/2002
decision 
17/12/2002

75

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

27/06/2002

21/12/2001

19/09/2001

31/01/2002

23/04/2001

18/10/2002

19/12/2002

decision 
17/12/2002

19/09/2001

8/11/2002

C-2002/394

27/06/2002

21/12/2001

24/10/2002

24/10/2002

Ongoing

Termination

Termination

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Infringement 
No

2000/2219

2000/4075

2000/4268

2000/4284

2000/4359

2000/4434

2000/4574

2000/4724

2000/4926

2001/4111

2001/4554

2001/5114

MS

UK

I

I

E

I

D

IR

EL

I

A

I

D

Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 
89/48/EEC

1996/4801

1999/2076

1999/2079

1999/2126

1999/4237

I 

E

P 

D

F

21/06/2000

24/07/2000

judgment 
16/05/2002
decision 
26/06/2002

C-2001/142

29/12/2000

8/05/2002

C-2002/171

21/12/2001

25/07/2001

12/11/2002

C-2002/402

2000/4520

NL

11/10/2001

76

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

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

1997/4602

1999/4643
2000/5123

UK

DK
B

24/07/2000

25/01/2002
21/12/2001

18/12/2002
decision 
17/12/2002
29/11/2002

C-2002/458

C-2002/433

Ongoing

Ongoing
Ongoing

77

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other 
evidence of formal qualifications

1999/2065

D

27/06/2002

Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field 

2000/4854

E

21/03/2002

decision 
17/12/2002

Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts

1998/5040

1999/5076

E

D

2000/2219

UK

2000/4039

2000/4435

2001/4814

I

D

FI

21/12/2001

20/04/2001

27/06/2002

26/07/2001

18/10/2002

19/12/2002

Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts

1997/4134

1997/4493

1998/4420

1998/5040

1999/2246

2000/2219

2000/2290

I 

E 

D

E

I

UK

I

21/12/2001

25/08/1999

18/07/2000

C-2000/283

30/01/2001

21/12/2001

19/12/2002

27/06/2002

21/12/2001

28/10/2002

C-2002/385

78

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

2000/4718

2002/5137

I

E

19/12/2002

18/07/2002

Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and 
telecommunications sectors

1998/4905

1999/5157

2000/4882

2000/5147

2001/4424

D 

D

EL

EL

S

6/03/2000

25/07/2001

16/01/2001
decision 
17/12/2002

C-2001/020

21/12/2001

15/11/2002

C-2002/407

21/12/2001

24/10/2002

Health and consumer protection

Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

C-2000/001

21/03/2002

26/06/2002

action 
withdrawn

C-2002/274 Termination

1999/2247

1999/4183

F 

S

16/12/1999

21/12/2001

judgment 
13/12/2001
decision 
17/12/2002

Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat

1997/2138

2000/2269

UK

F

24/11/2000

suspended

4/07/2002

Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat 
from third countries

1995/2011

EL 

13/03/1998

judgment 
15/06/2000

C-1998/470

Ongoing

Council Directive 85/73/EEC of 29 January 1985 on the financing of health inspections and controls of fresh meat and poultrymeat

79

Ongoing

Termination

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

1994/2181

1995/2011

MS

EL

EL 

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

19/08/1997

13/03/1998

judgment 
16/11/2000
judgment 
15/06/2000

C-1998/214

C-1998/470

Ongoing

Ongoing

Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market

1999/2247

1999/4183

F 

S

16/12/1999

21/12/2001

judgment 
13/12/2001
decision 
17/12/2002

C-2000/001

21/03/2002

26/06/2002

action 
withdrawn

C-2002/274 Termination

Ongoing

Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the 
Community from third countries

1995/2011

EL 

13/03/1998

judgment 
15/06/2000

C-1998/470

Ongoing

Council Directive 92/116/EEC of 17 December 1992 amending and updating Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat

2000/2269

F

4/07/2002

Ongoing

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

1994/2181

1995/2011

EL

EL 

19/08/1997

13/03/1998

judgment 
16/11/2000
judgment 
15/06/2000

C-1998/214

C-1998/470

Ongoing

Ongoing

80

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat 
preparations

1999/4183

S

21/12/2001

decision 
17/12/2002

Taxation and customs union

Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital

1991/2193

EL 

23/02/1996

1999/4441

1998/2320

I

B

4/07/2002

26/01/2000

19/11/2002

C-2002/415

judgment 
19/03/2002
decision 
17/12/2002

C-1998/426

Ongoing

Ongoing

Ongoing

Ongoing

Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value 
added tax: uniform basis of assessment

1988/0202

1992/4607

1993/2229

1994/2099

1994/2100

1994/2290

1996/2124

1996/2187

1997/2156

1997/2172

UK

F 

D 

UK 

NL 

NL

D

B 

FI

E 

10/08/1989

10/04/1996

23/03/1998

14/10/1998

22/09/1997

25/07/2001

25/07/2001

25/07/2001

4/11/1998

10/08/1998

judgment 
12/09/2000
judgment 
25/01/2001
judgment 
15/10/2002
decision
20/12/2001
judgment 
8/11/2001

C-1997/359

21/03/2002

18/07/2002

C-1997/429

C-1998/427

C-1998/338

1/07/2002

judgment 
07/03/2002
judgment 
18/01/2001

C-2000/169

25/10/2002

C-1999/083

81

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Termination

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

1997/4365

1998/2103

1998/2133

1998/2137

1998/2138

1998/2232

1998/2141

1998/4401

1998/4747

1999/2069

1999/2121

1999/2193

1999/2235

1999/4441

1999/5246

2000/2033

2000/4017

2000/5101

2001/4231

2001/4662

I 

F 

D

FI

I

D 

S

F 

D 

L

A 

F 

E 

I

E

E 

F

E

EL

EL

9/07/1999

10/03/1999

judgment 
25/10/2001
judgment 
14/06/2001

C-2000/078

27/06/2002

C-1999/345

3/09/1999

17/04/2002

C-2002/144

19/07/1999

21/12/2001

C-2001/495

30/07/1999

26/08/1999

6/08/1999

19/07/1999

4/10/2001
judgment 
20/06/2002

23/12/2002
judgment 
14/06/2001

C-2001/381

C-2000/287

C-2002/463

C-2000/040

24/01/2000

22/03/2002

C-2002/109

26/07/2001

23/10/2001

13/06/2000

5/10/2001

C-2001/384

26/09/2000

4/07/2002

27/06/2002

action withdrawn
decision 
17/12/2002
decision 
17/12/2002

18/09/2000
21/12/2001; 
27/06/2002

action withdrawn
decision 
17/12/2002

C-2001/143

C-2001/144

19/12/2002

21/12/2001

19/12/2002

82

Status on 
31/12/2002

Termination

Termination

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Termination

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

Ongoing

Termination

Ongoing

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

2001/5209

B

27/06/2002

decision 
17/12/2002

Status on 
31/12/2002

Ongoing

Eighth Council Directive 79/1072/EEC of 6 December 1979 on the harmonization of the laws of the Member States relating to turnover taxes - Arrangements for 
the refund of value added tax to taxable persons not established in the territory of the country

1998/4632

1999/2121

I

A 

26/04/2002

23/10/2001

decision 
17/12/2002

Ongoing

Ongoing

Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable to permanent imports from a Member State of the personal property of individuals

1999/5165

2000/5116

EL

DK

27/06/2002

19/12/2002

decision 
17/12/2002

Ongoing

Ongoing

Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring 
of such products

1997/2251

1999/2052

I

B

12/11/1999

12/11/2001

C-2001/437

27/06/2002

Ongoing

Ongoing

Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of 
VAT rates)

1994/2178

P 

10/06/1997

judgment 
8/03/2001

C-1998/276

Termination

83

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes

1998/4061

F

26/01/1999

judgment 
27/02/2002

C-2000/302

27/06/2002

19/12/2002

Council Directive 92/81/EEC of 19 October 1992 on the harmonization of the structures of excise duties on mineral oils

1997/2071

1999/2051

FI 

D 

6/08/1998

17/05/2000 C-2000/185

13/03/2000

1/06/2001 C-2001/240

Council Directive 92/82/EEC of 19 October 1992 on the approximation of the rates of excise duties on mineral oils

1997/2071

1997/2251

FI 

I

6/08/1998

17/05/2000 C-2000/185

12/11/1999

12/11/2001 C-2001/437

Council Directive 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages

1997/4099

EL

10/08/1999

6/12/2001 C-2001/475

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Ongoing

Council Directive 94/5/EC of 14 February 1994 supplementing the common system of value added tax and amending Directive 77/388/EEC - Special 
arrangements applicable to second-hand goods, works of art, collectors' items and antiques

1995/4689

UK

3/08/2000

decision
20/12/2001

Ongoing

Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco

1998/4061

F

26/01/1999

judgment 
27/02/2002

C-2000/302

27/06/2002

19/12/2002

Ongoing

84

INCORRECT APPLICATION OF DIRECTIVES

Infringement 
No

MS

RO or 
SUPRO sent

Referral 226 
EC

Case

LET 228 
sent

RO 228 sent 

Referral 228 
EC

Case

Status on 
31/12/2002

Energy and transport

Council Directive 91/439/EEC of 29 July 1991 on driving licences
decision 
20/03/2002

26/07/2001

1999/5019

DK

Council Directive 93/76/EEC of 13 September 1993 to limit carbon dioxide emissions by improving energy efficiency (SAVE)

2000/2254

2000/2255

IR

L

23/10/2001

23/10/2001

20/12/2002

C-2002/461

Termination

Ongoing

Ongoing

Council Directive 93/89/EEC of 25 October 1993 on the application by Member States of taxes on certain vehicles used for the carriage of goods by road and 
tolls and charges for the use of certain infrastructures

A

1996/2059
Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the 
jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State 
control)

C-1998/205

21/12/2001

13/01/1997

Ongoing

judgment 
26/09/2000

2000/2276

F

19/09/2001

4/12/2002

C-2002/439

Ongoing

2000/2277
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

C-2002/436

19/09/2001

2/12/2002

Ongoing

IR

2001/2184

EL

23/10/2002

Ongoing

85

ANNEX V

Judgments of the Court of Justice up to
31.12.2002
and
not yet implemented

Belgium

Judgment given on 21.1.1999, Case C-207/97
Failure to notify programmes to reduce pollution caused by certain dangerous substances
discharged into the aquatic environment of the Community
Article 228 proceedings are continuing.
The  Belgian  authorities  have  notified  the  Commission  of  a  Walloon  Ministerial  Order
dated 12.9.2002 and of information concerning the results of the reduction measures and
programmes of the Brussels-Capital Region, which are now under scrutiny.

Judgment given on 14.9.1999, Case C-171/98
Cargo-sharing arrangements in bilateral agreement between the BLEU and Togo.
The  additional  protocol  concluded  by  Belgium  and  the  Togo  authorities  is  not  yet  in
force. But contacts are continuing so as to settle the case quickly.

Judgment given on 9.3.2000, Case C-355/98
Restrictions in the field of private security firms.
Contacts are continuing  with  the  Belgian  authorities  for a  detailed  legal  analysis  of  the
amendments made to bring Belgian legislation into line with the Court’s judgment.

Judgment given on 25.5.2000, Case C-307/98
Partial compliance with legislation on the quality of bathing water
In  December  2002  the  Belgian  authorities  reported  on  progress  with  their  measures,
which do not substantially modify the infringement situation. Article 228 proceedings are
continuing.

Judgment given on 14.6.2001, Case C-230/00
Impact,  tacit  authorisation,  non-conformity  of  Belgian  legislation  transposing  Council
Directive 75/442/EEC on waste, as amended by Directives 91/156, 76/464, 80/68, 84/360
and 85/337.
Article 228 proceedings have been commenced. But the Belgian authorities have notified
the  Commission  of  Orders  that  came  into  force  on  1  January  2002,  repealing  the
provisions criticised. The case will probably be terminated very soon.

Judgment given on 3.7.2001, Case C-378/98
Maribel bis/ter aid schemes
Article  228  proceedings  have  been  commenced  and  are  continuing.  The  Belgian
authorities stand by their view on the de minimis question.

2

Judgment given on 17.1.2002, Case C-423/00
Failure  to  notify  measures  transposing  Council  Directive  96/82/EC  on  the  control  of
major-accident hazards involving dangerous substances
The Belgian authorities have notified the Commission of several legislative measures to
complete the transposal process. The case will probably be terminated very soon.

Judgment given on 6.6.2002, Case C-274/01
Failure to notify measures transposing  Council  Directive  98/76/EC  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
The  Belgian  authorities  have  reported  that  the  Cabinet  approved  a  Royal  Decree  of  8
November  2002  on  the  transport  of  passengers  by  road.  The  Commission  is  awaiting
official notification of the Decree.

Judgment given on 19.9.2002, Case C-221/01
National  legislation  not in conformity with Parliament and  Council  Directive  97/33/EC
(interconnection).
The  Commission  has  contacted  the  Belgian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

Judgment given on 5.11.2002, Case C-471/98
Open sky agreements with the United States.
The  Commission  has  contacted  the  Belgian  authorities  and  asked  them  to  activate  the
denunciation  clauses  in  the  agreements  with  the  United  States  as  required  by  the
judgment of the Court of Justice.

Judgment given on 19.11.2002, Case C-319/01
Failure to  notify  measures transposing  Council  Directive  97/11/EC  amending  Directive
85/337/EEC on the assessment of the effects of certain public or private projects on the
environment
The  Commission  has  contacted  the  Belgian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

3

Judgment given on 5.12.2002, Case C-324/01
Belgian  legislation  not  in  conformity  with  several  provisions  of  Council  Directive
92/43/EEC on the conservation of natural habitats and wild fauna and flora
Recent judgment.

4

Denmark

Judgment given on 5.11.2002, Case C-467/98
Open sky agreements with the United States.
The  Commission  has  contacted  the  Danish  authorities  and  asked  them  to  activate  the
denunciation  clauses  in  the  agreements  with  the  United  States  as  required  by  the
judgment of the Court of Justice.

5

Germany

Judgment given on 8.6.1999, Case C-198/97
Quality of bathing water
The Article 228 proceeding continued on account of the data for the 2001 bathing season.

Judgment given on 8.3.2001, Case C-316/99
Failure  to  notify  national  measures  transposing  Council  Directive  96/43/EC  amending
and  consolidating  Directive  85/73/EEC  on  the  financing  of  veterinary  inspections  and
controls on live animals and certain animal products
Progress  is  apparently  being  made,  but  the  case  should  be  examined  in  the  light  of  a
proposal to repeal Directive 85/73/EEC now in preparation.

Judgment given on 11.9.2001, Case C-71/99
Failure to transmit the full national list of habitats provided for in Article 4  of Council
Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora.
In January 2002 the German authorities notified legislation which is now being examined
by the Commission.

Judgment given on 25.10.2001, Case C-493/99
Hiring out of workers within a group
Article 228 proceedings have been commenced.

Judgment given on 14.3.2002, Case C-161/00
National  transposal  legislation  not  in  conformity  with  Council  Directive  91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural
sources
Article 228 proceedings have been commenced.

Judgment given on 20.6.2002, Case C-287/00
Incorrect  application  of  Article  2(1)  of  the  sixth  VAT  Directive  77/388/EEC  –
exemption for research activities.
The  Commission  has  contacted  the  German  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

6

Judgment given on 15.10.2002, Case C-427/98
Incorrect  application  of  Article  11  of  the  sixth  VAT  Directive  77/388/EEC  –  goods
purchased at reduced prices with vouchers.
The  Commission  has  contacted  the  German  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

Judgment given on 5.11.2002, Case C-476/98
Open sky agreements with the United States.
The  Commission  has  contacted  the  German  authorities  and  asked  them  to  activate  the
denunciation  clauses  in  the  agreements  with  the  United  States  as  required  by  the
judgment of the Court of Justice.

Judgment given on 5.11.2002, Case C-325/00
Incorrect application of Article 28 of Council Directive 79/112/EC on the approximation
of the laws of the Member States relating to the labelling, presentation and advertising of
foodstuffs for sale to the ultimate consumer, quality controls, affiliation to the CMA
Recent judgment.

7

Greece

Judgment given on 23.10.1997, Case C-375/95
Taxes on second-hand cars
The  Greek  authorities  have  replied  to  the  supplementary  letter  of  formal  notice.  They
state  that  a  wide-raging  reform  of  the  tax  system  is  under  way.  The  Commission  is
maintaining  contacts  to  obtain  detailed  information  on  progress  in  the  legislative
procedure and the timing.

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
A decision as to whether or not to continue proceedings will have to be taken in the light
of a proposal to repeal Directive 85/73/EEC which is in preparation.

Judgment given on 16.12.1999, Case C-137/99
Failure to notify measures transposing Council Directive 96/43/EEC amending Directive
91/496/EEC laying down the principles governing the organisation of veterinary checks
on animals entering the Community from third countries
A decision as to whether or not to continue proceedings will have to be taken in the light
of a proposal to repeal Directive 85/73/EEC which is in preparation.

Judgment given on 25.5.2000, Case C-384/97
Failure to notify programmes to reduce pollution caused by certain dangerous substances
discharged into the aquatic environment of the Community
The  Greek  authorities  have  presented  a  draft  programme  designed  to  comply  with  the
Court's  judgment  and  a  timetable  for  its  adoption.  The  Commission  is  awaiting
implementation of these measures.

Judgment given on 15.6.2000, Case C-470/98
Veterinary fees for products of agricultural origin from non-Community countries
A decision as to whether or not to continue proceedings will have to be taken in the light
of a proposal to repeal Directive 85/73/EEC which is in preparation.

Judgment given on 16.11.2000, Case C-214/98
Fees charged for health inspections and checks on fresh meat
A decision as to whether or not to continue proceedings will have to be taken in the light
of a proposal to repeal Directive 85/73/EEC which is in preparation.

8

Judgment given on 11.10.2001, Case C-457/99
Failure  to  notify  measures  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
In  December  2002  the  Greek  authorities  notified  the  national  measures  transposing  the
Directive.
The case will probably be terminated very soon.

Judgment given on 6.12.2001, Case C-166/00
Failure to notify measures to transpose Council Directive 97/41/EC relating to the fixing
of  maximum  levels  for  pesticide  residues,  Commission  Directive  98/51/EC  concerning
arrangements  for  approving  and  registering  certain  establishments  and  intermediaries
operating in the animal feed sector, and Commission Directive 98/67/EC
Article 228 proceedings have been commenced and are continuing.

Judgment given on 30.1.2002, Case C-103/00
National legislation not in conformity with Council Directive 92/43/EEC, no measures to
protect the Caretta-caretta tortoise on the island of Zante.
The information supplied by the Greek authorities reveals that the legislation to protect
the Caretta and the practical protection measures are inadequate.
Article 228 proceedings have been commenced.

Judgment given on 7.3.2002, Case C-64/01
Failure  to  notify  measures  transposing  Council  Directive  96/61/EEC  concerning
integrated pollution prevention and control
The  Greek  authorities  have  notified  the  Commission  of  Act  3010/02  amending  the
General  Environment  Act  and  ministerial  decision  15393/2332/5.8.02,  which  specifies
the activities for which integrated prevention and control measures are required.
Scrutiny  of  the  legislative,  regulatory  and  administrative  measures  notified  reveals  that
they do not fully give effect to the judgment.
Article 228 proceedings have been commenced.

Judgment given on 19.3.2002, Case C-426/98
Incorrect application of Council Directive 69/335/EEC concerning indirect taxes on the
raising of capital (capital duty).
The  Commission  has  contacted  the  Greek  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
On  7.11.2002  they  notified  an  Act  passed  on  13.9.2002  which  implements  the  Court's
judgment.
The case will probably be terminated very soon.

9

Judgment given on 13.6.2002, Case C-33/01
National  legislation  not  in  conformity  with  Council  Directive  91/689/EC  on  hazardous
waste.
The  Commission  has  contacted  the  Greek  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
The  Greek  authorities’  reply  provides  information  on  new  establishments  and  is  under
scrutiny.

Judgment given on 4.7.2002, Case C-173/01
Failure  to  notify  measures  implementing  Council  Directive  1999/20/EC  amending
Directives  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
establishments and intermediaries operating in the animal feed sector
Article 228 proceedings have been commenced.
The Greek authorities have notified the Commission of Act 364/2002, which transposes
the Directive into national law.
The case will probably be terminated very soon.

10

Spain

Judgment given on 22.3.1994, Case C-375/92
Restrictions on freedom to provide services as tourist guides
Article 228 proceedings have been  commenced.  By  letter  dated  9.12.2002,  the  Spanish
authorities notified the Commission of the definitive legislation for Andalucia. The case
will probably be terminated very soon.

Judgment given on 12.2.1992, Case C-92/96 2nd referral: C-278/01
Incorrect application of Council Directive 76/160/EEC concerning the quality of bathing
water as regards inland waters
The case was been referred to the Court under Article 228(2) in July 2001.
Referral was accompanied by an application for penalties.

Judgment given on 25.11.1998, Case C-214/96
Incorrect  application  of  Council  Directive  76/464/EEC  on  pollution  caused  by  certain
dangerous substances discharged into the aquatic environment of the Community (Article
7: pollution reduction programmes).
In November 2001 the Spanish authorities sent a large amount of information which the
Commission is still examining.

Judgment given on 13.9.2001, Case C-417/99
Failure to notify measures transposing Council Directive 96/62/EC on ambient air quality
assessment and management.
By  letter  dated  19.2.2002  the  Spanish  authorities  notified  measures  to  implement  the
Court's judgment. The Commission has maintained contacts to ensure that the measures
are sufficient to come into line with the Court’s judgment.

Judgment given on 16.5.2002, Case C-232/99
Implementing  measures  not  in  conformity  with  Council  Directive  93/16/EEC  on  the
mutual recognition of medical qualifications
The  Commission  has  contacted  the  Spanish  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

Judgment given on 11.7.2002, Case C-139/00
Failure  to  notify  measures  transposing  Council  Directive  89/369/EEC  on  prevention  of
atmospheric pollution from new municipal waste incinerators (La Palma, Canaries)
The  Commission  has  contacted  the  Spanish  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

Judgment given on 28.11.2002, Case C-414/01
Failure to notify measures transposing Parliament and Council Directive 97/7/EC on the
protection of consumers in respect of distance contracts

11

In  December  2002  the  Spanish  authorities  notified  the  legislation  transposing  the
Directives into national law. The case will probably be terminated very soon.

12

France

Judgment given on 11.6.1991, Case C-64/88, 2nd referral: C-304/02
Fisheries: inadequate enforcement of technical conservation measures
The case was been referred to the Court under Article 228(2) in August 2002. Referral
was accompanied by an application for penalties.

Judgment given on 9.12.1997, Case C-265/95
Barriers to imports of Spanish strawberries
On 9.9.2002 the French authorities wrote to the Commission.
The Commission is working on an analysis of the situation.

Judgment given on 18.3.1999, Case C-166/97
Failure  to  classify  an  area  of  the  Seine  Estuary  as  an  SPA  and  incomplete  protection
measures
In March 2002 the French authorities replied to the reasoned opinion sent to them. The
reply is being scrutinised by the Commission

Judgment given on 25.11.1999, Case C-96/98
Deterioration of the Marais Poitevin
In August 2002 the French authorities replied to the reasoned opinion, with additional
replies on 18 and 20.11.2002, all of which are being examined by the Commission.

Judgment given on 16.12.1999, Case C-239/98, 2nd referral: C-261/02
Incorrect transposal of Council Directives 92/49/EEC and 92/96/EEC on direct assurance
other than life assurance and direct life assurance (third insurance Directives)
Since the transposal measures announced by the French authorities have not yet been
adopted, the case has been referred to the Court under Article 228(2) of the Treaty.
Referral was accompanied by an application for penalties.

Judgment given on 23.3.2000, Case C-327/98
Failure to notify national measures implementing Council Directive 93/15/EEC on the
harmonisation of the provisions relating to the placing on the market and supervision of
explosives for civil uses
The decision has been taken to pursue the Article 228 procedure.
The Commission is examining a Decree sent by the French authorities on 26.6.2002.

13

Judgment given on 7.12.2000, Case C-374/98
Failure to classify a site as an SPA and inadequate conservation measures at Vingrau and
Tautavel (Pyrénées Orientales)
In February 2002 the French authorities replied to the reasoned opinion sent to them. The
reply is being scrutinised by the Commission

Judgment given on 7.12.2000, Case C-38/99
Opening and closing dates for hunting that are incompatible with the requirements of
Council Directive 79/409/EEC on the conservation of wild birds
On 30.7.2002 and 11.9 2002 the French authorities notified new regulations on the open
and close for hunting which are now under scrutiny at the Commission.

Judgment given on 1.2.2001, Case C-333/99
Failure to fulfil the obligation to manage quotas and control fishing activities
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
The French authorities’ reply does not make adequately clear the measures taken to this
end.

Judgment given on 8.3.2001, Case C-266/99
Pollution of surface water intended for the abstraction of drinking water by nitrates in
Brittany
The French authorities have replied to the letter of formal notice sent to them, with an
additional reply on 19.11.2002, now under scrutiny at the Commission.

Judgment given on 15.3.2001, Case C-147/00
Incorrect application of Council Directive 76/160/EEC concerning the quality of bathing
water with particular reference to the failure to conduct sampling operations according to
the minimum frequency required and the lack of sampling for the compulsory "total
coliform" parameter
In August 2002 the French authorities notified data on bathing waters for 1999 and 2002,
now being examined by the Commission.

Judgment given on 10.5.2001, Case C-285/00
Failure to transpose Council Directive 89/48/EEC 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, in the case of the profession of psychologist
Article 228 proceedings have been commenced and are continuing.

14

Judgment given on 11.9.2001, Case C-220/99
Failure to transmit the full national list of sites in accordance with Article 4(1) of Council
Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora
Between June and October 2002 the French authorities notified additional lists of special
conservation and protection areas, now being examined by the Commission.

Judgment given on 6.12.2001, Case C-146/00
Universal service. Non-conformity of legislation with Article 4c of Commission
Directive 90/388/EEC on competition in the markets for telecommunications services
and Article 5(1), (3), (4) and (5) of Directive 97/33/EC of the European Parliament and
of the Council on interconnection and interoperability
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
On 20.3.2002 the French authorities notified a draft decree amending the current
provisions. The decree is still in preparation.

Judgment given on 27.2.2002, Case C-302/00
Incorrect application of Council Directive 92/79/EEC on the approximation of taxes on
cigarettes, and Council Directive 95/59/EC on taxes other than turnover taxes which
affect the consumption of manufactured tobacco.
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
No definitive legislative measures having been taken to abolish the offending provisions,
Article 228 proceedings have been commenced and are continuing.

Judgment given on 25.4.2002, Case C-52/00
National legislation not in conformity with Council Directive 85/374/EC concerning
liability for defective products.
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
On 3.10.2002 they replied that appropriate amendments had been planned. But no actual
instrument is yet available and no timetable has been sent.

15

Judgment given on 2.5.2002, Case C-292/99
National legislation not in conformity with certain provisions of Council Directives
75/442/EEC and 91/689/EEC and Parliament and Council Directive 94/62/EC on waste
disposal plans.
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
The Commission is examining the reply sent by the French authorities on 6.11.2002.

Judgment given on 4.6.2002, Case C-483/99
Procedure for authorising the crossing of investment thresholds - Elf-Aquitaine golden
share
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.

Judgment given on 6.6.2002, Case C-177/01
National legislation not in conformity with Article 4(1) and 11 of Council Directive
96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls
(PCB/PCT).
Article 228 proceedings have been commenced as no national plan for the disposal and
decontamination of devices containing PCBs and PCTs has been notified.

Judgment given on 13.6.2002, Case C-286/01
Failure to notify national provisions transposing Directive 98/10/EC of the European
Parliament and of the Council on the application of open network provision (ONP) to
voice telephony and on universal service for telecommunications in a competitive
environment
The Commission will shortly be contacting the French authorities to ascertain what
measures are planned to comply with the Court's judgment.

Judgment given on 18.6.2002, Case C-60/01
National legislation not in conformity with Council Directives 89/369/EEC and
89/429/EEC on the prevention of air pollution from new municipal waste incineration
plants.
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
The Commission is examining the reply sent by the French authorities on 17.9.2002.

16

Judgment given on 27.6.2, Case C-258/00
National transposal legislation not in conformity with Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural
sources
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
Their reply is being examined.

Judgment given on 12.9.2002, Case C-152/00
Partial failure to notify and partial non-conformity of national legislation with Council
Directive 86/609/EEC on the protection of animals used for experimental and other
scientific purposes
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
Their reply is being examined.

Judgment given on 26.9.2002, Case C-351/01
Failure to notify measures transposing Parliament and Council Directive 98/5/EC to
facilitate practice of the profession of lawyer on a permanent basis in a Member State
other than that in which the qualification was obtained.
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.
Their reply is being examined.

Judgment given on 7.11.2002, Case C-348/01
Failure to notify measures transposing Council Directive 97/11/EC amending Directive
85/337/EEC on the assessment of the effects of certain public or private projects on the
environment
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.

Judgment given on 26.11.2002, Case C-202/01
National legislation not in conformity with Council Directive 79/409/EC on the
conservation of wild birds – inadequate designation of special protection areas.
Recent judgment.

Judgment given on 28.11.2002, Case C-259/01
Failure to notify measures transposing Parliament and Council Directive 98/30/EC
concerning common rules for the internal market in natural gas
The Commission has contacted the French authorities to ascertain what measures are
planned to comply with the Court's judgment.

17

Ireland

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 or private projects on the
environment
It  is  clear  from  the  information  and  timetable  notified  by  the  Irish  authorities  that  the
measures taken to give effect to the Court’s judgment remain inadequate as regards the
extraction of peat in sensitive areas.
The  decision  has  been  taken  to  refer  the  case  to  the  Court  under  Article  228(2)  of  the
Treaty.
It will be accompanied by a request for a penalty payment.

Judgment given on 11.9.2001, Case C-67/99
Failure to notify the full national list of habitats provided for in Article 4(1) of Council
Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora
The 
region
(5-7.6.2002)  show  that  the  list  proposed  by  the  Irish  authorities  to  give  effect  to  the
Court’s judgment remain inadequate.

the  biogeographical 

the  Atlantic 

results  of 

conference 

for 

Judgment given on 18.10.2001, Case C-354/99
Non-conformity  of  national  legislation  with  Council  Directive  86/609/EEC  on  the
protection of animals used for experimental and other scientific purposes
Article 228 proceedings have been commenced and are continuing.
In December 2002 the Irish authorities notified measures which are now being examined
by the Commission.

Judgment given on 19.3.2002, Case C-13/02
Failure to ratify Paris Act (1971) (Bern Convention)
The  Commission  has  contacted  the  Irish  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
As  the  Irish  authorities  did  not  reply  within  the  time  allowed,  Article  228  proceedings
have been commenced.

Judgment given on 13.6.2002, Case C-117/00
National  legislation  not  in  conformity  with  Council  Directives  79/409/EEC  and
92/43/EEC,  deterioration  of  natural  habitats  in  the  Owenduff-Nephin  Beg  Complex
special protection zone, caused by excessive grazing of sheep.
The  Commission  has  contacted  the  Irish  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
Their reply is being examined.

18

Judgment given on 15.10.2002, Case C-327/01
Failure to notify measures implementing Council Directive 98/20/EC amending 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).
The  Commission  has  contacted  the  Irish  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

Judgment given on 15.10.2002, Case C-328/01
Failure  to  notify  measures  transposing  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)
The  Commission  has  contacted  the  Irish  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

Judgment given on 14.11.2002, Case C-316/00
National legislation not in conformity with Council Directive 80/778/EC relating to the
quality of water intended for human consumption.
Recent judgment.

Judgment given on 10.12.2002, Case C-362/01
Failure  to  notify  measures  transposing  Parliament  and  Council  Directive  98/5/EC  to
facilitate  practice  of  the  profession  of  lawyer  on  a  permanent  basis  in  a  Member  State
other than that in which the qualification was obtained.
Recent judgment.

19

Italy

Judgment given on 1.6.1995, Case C-40/93
Access to the profession of dentist
The  Commission  is  awaiting  the  actual  organisation  of  the  aptitude  test,  which  should
take place shortly.
According to unofficial information dating from October 2002, the courses are to begin
in the 20 universities concerned.
Progress.

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 1992
The Italian authorities have notified Legislative Decree 36 of 20 March 2002, converted
into Act 96 of 17 May 2002, establishing rules for the reimbursement of the relevant aids
and setting the time-limit for doing so at 48 months instead of 24.
The Commission has received a reply from the Italian authorities explaining the reasons
for this extension.
The reply is being examined.

Judgment given on 1.10.1998, Case C-285/96
Incorrect  application  of  Council  Directive  76/464/EEC  on  pollution  caused  by  certain
dangerous substances discharged into the aquatic environment of the Community (Article
7: pollution reduction programmes).
The Italian authorities replied to the supplementary letter of formal notice on 1.3.2002.
The reply is being examined.

Judgment given on 9.3.2000, Case C-386/98, 2nd referral: C-57/03
Failure  to  notify  national  measures  implementing  Council  Directive  93/104/EC
concerning certain aspects of the organisation of working time
The  Italian  authorities  have  sent  the  text  of  the  Legge  comunitaria  2001,  which  states
their commitment to transposing the Directive in the short term.
The  decision  has  been  taken  to  refer  the  case  to  the  Court  under  Article  228(2)  of  the
Treaty as no measures have actually been notified.
It is accompanied by a request for a penalty payment.

Judgment given on 8.6.2000, Case C-264/99
Legislative barriers to the activities of hauliers
The Italian authorities notified the Commission of a draft Regulation to simplify entry in
the  register  of  hauliers,  which  was  to  be  ready  by  September/October  2002.  In  the
absence  of  satisfactory  evidence  of  progress  in  fact  or  in  procedure,  the  Article  228
proceedings continued.

Judgment given on 26.6.2001, Case C-212/99
Discrimination against foreign-language assistants

20

Fresh  complaints  having  been  received,  Article  228  proceedings  were  commenced  and
continued.
The  Commission  are  continuing  contacts  with  the  Italian  authorities  to  ascertain  what
measures are planned to comply with the Court's judgment.

Judgment given on 8.11.2001, Case C-127/99
Failure to establish action programmes for vulnerable zones, to carry out full monitoring
and to produce the reports required by Council Directive 91/676/EEC on the protection
of waters against pollution caused by nitrates from agricultural sources
Article 228 proceedings have been commenced.
The reply from the Italian authorities dated 4.9.2002 is being examined.

Judgment given on 15.11.2001, Case C-49/00
Non-conformity of national legislation transposing Council Directive 89/391/EEC on the
introduction of measures to encourage improvements in the safety and health of workers
at work
By  letter  dated  8.5.2002  the  Italian  authorities  notified  new  legislation  which,  after
scrutiny, turned out to be inadequate to give effect to the Court’s judgment.
The Commission still awaits notification of the planned timetable for the adoption of the
legislative decree.
Article 228 proceedings have been commenced.

Judgment given on 29.11.2001, Case C-202/99
Incorrect transposal of  Council  Directives  76/686/EEC and 78/687/EEC  concerning the
mutual recognition of diplomas and the activities of dental practitioners, respectively
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
By letter dated 22.4.2002 the Italian authorities notified the draft Legge comunitaria 2002
which, once enacted, will be adequate to give effect to the Court’s judgment.
The Commission is awaiting information on the enactment of this Act and notification of
the final text.

21

Judgment given on 15.1.2002, Case C-439/99
Italian rules on fairs and exhibitions.
Certain  provisions  of  three  State  decrees  and  the  legislation  of  five  regions  and  an
autonomous province remain incompatible with the EC Treaty.
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.

Judgment given on 24.1.2002, Case C-372/99
National legislation not in conformity with Council Directive 93/13/EC on unfair terms
in consumer contracts.
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
In their reply dated 5.8.2002, the Italian authorities refer to a Bill to amend section 1469
sexies of the Civil Code.
But the bill has not yet passed into law.
Article 228 proceedings have been commenced.

Judgment given on 24.1.2002, Case C-466/99
National  legislation  not  in  conformity  with  certain  provisions  of  Council  Directives
75/442/EEC,  as  amended  by  Council  Directives  91/156/EEC  and  91/689/EEC  and
Parliament and Council Directive 94/62/EC on waste disposal plans.
It emerges from an analysis of the reply from the Italian authorities that the management
plan for Sicily has still not been notified and that the plan for Basilicata is incomplete and
has not been formally adopted.
Article 228 proceedings have been commenced.

Judgment given on 7.2.2002, Case C-279/00
Temporary employment agencies.
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  whether  the  new
Finance  Act  for  2001  (No  388  of  23.12.2000)  meets  the  requirements  of  the  Court’s
judgment concerning the discriminatory restriction based on establishment.
As  the  Italian  authorities  have  not  replied,  Article  228  proceedings  have  been
commenced.

Judgment given on 19.2.2002, Case C-295/00
Freedom to provide services - tax on embarkation and disembarkation of passengers
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
In their reply the Italian authorities notified section 16 of Act 422 of 29.12.2000, which
provides for the abolition of the offending tax.
Progress.

22

Judgment given on 27.2.2002, Case C-46/01
National legislation not in conformity with Council  Directive 96/59/EC  on the disposal
of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT).
The list sent by the Italian authorities is inadequate in relation to Articles 4(1) and 11 of
the Directive.
Article 228 proceedings have been commenced.

Judgment given on 7.3.2002, Case C-145/99
Prohibition on lawyers from other Member States who wish to provide services in Italy
opening chambers.
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
On  21.6.2002  the  Italian  authorities  notified  a  Bill  to  put  an  end  to  the  first  point  of
dispute  (infrastructure)  and  a  draft  ministerial  decree  to  put  an  end  to  the  third
(transposal).
The Commission is awaiting notification of the actual texts.

Judgment given on 19.3.2002, Case C-224/00
Discriminatory penalties imposed on a German citizen
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
The Italian authorities have notified a draft amendment of the Codice della Strada which
still discriminates against drivers of vehicles not registered in the European Union.

Judgment given on 21.3.2002, Case C-298/99
Incorrect  application  of  Council  Directive  85/384/EEC  on  the  mutual  recognition  of
diplomas, certificates and other evidence of formal qualifications in architecture.
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
On 2.5.2002 the Italian authorities notified a Bill to put an end to the infringement.
The Commission is awaiting information about the date of entry into force of some of its
provisions.

23

Judgment given on 25.4.2002, Case C-396/00
National  legislation  not  in  conformity  with  Council  Directive  91/271/EC  concerning
urban waste-water treatment.
The  Commission  has  contacted  the  Italian  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
Analysis of the Italian authorities’ reply dated 12.9.2002 reveals that treatment plants are
not yet operational and that the schedule is not reliable.

Judgment given on 30.5.2002, Case C-323/01
National legislation not in conformity with Commission Directive 98/101/EC on batteries
and accumulators containing certain dangerous substances.
Analysis of the information supplied by the Italian authorities reveals that the measures
announced to comply with the Court’s judgment have not been adopted.
Article 228 proceedings have been commenced.

Judgment given on 24.10.2002, Case C-455/00
Failure  to  notify  measures  transposing  Council  Directive  90/270/EEC  on  safety  and
health requirements for work with display screen equipment
Recent judgment.

24

Luxembourg

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
Article  228  proceedings  are  continuing.  In  October  2002,  the  Luxembourg  authorities
notified a draft regulation, but they did not specify the schedule for its adoption.

Judgment given on 8.3.2001, Case C-266/00
Incorrect  application  of  Council  Directive  91/676/EEC  concerning  the  protection  of
waters against pollution caused by nitrates from agricultural sources
The  reply  from  the  Luxembourg  authorities  is  highly  incomplete  and  none  of  the
objections can be dropped.
Article 228 proceedings have been commenced.

Judgment given on 15.1.2002, Case C-196/01
National legislation not in conformity with Commission Directive 94/3/EC establishing a
list of wastes.
The Commission has  contacted  the  Luxembourg  authorities  to  ascertain  what  measures
are planned to comply with the Court's judgment.
In the absence of any reply, Article 228 proceedings have been commenced.

Judgment given on 19.2.2002, Case C-366/00
Failure to notify measures transposing  Council  Directive  97/11/EC  amending  Directive
85/337/EEC on the assessment of the effects of certain public or private projects on the
environment
The Commission has contacted the  Luxembourg  authorities  to  ascertain  what  measures
are planned to comply with the Court's judgment.
Analysis  of  the  reply  from  the  Luxembourg  authorities  reveals  that  the  transposal
schedule has not been established.
Article 228 proceedings have been commenced.

Judgment given on 16.5.2002, Case C-372/01
Failure  to  notify  measures  transposing  Parliament  and  Council  Directive  98/8/EEC
concerning the placing of biocidal products on the market
The Commission has contacted the  Luxembourg  authorities  to  ascertain  what  measures
are planned to comply with the Court's judgment.
In  the  absence  of  a  satisfactory  reply  and  of  actual  transposal,  Article  228  proceedings
have been commenced.

Judgment given on 20.6.2002, Case C-299/01
Statutory entitlement to a guaranteed minimum income

25

In December 2002 the Luxembourg authorities notified the Act of 21.12.2001 abolishing
the discriminatory condition.
The case will be terminated very soon.

Judgment given on 5.11.2002, Case C-472/98
Open sky agreements with the United States.
The Commission has contacted  the  Luxembourg  authorities  and  asked  them  to  activate
the  denunciation  clauses  in  the  agreements  with  the  United  States  as  required  by  the
judgment of the Court of Justice.

Judgment given on 5.12.2002, Case C-174/01
Failure to notify plans or projects required by Article 11 of Council Directive 96/59/EC
on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT).
Recent judgment.

26

The Netherlands

Judgment given on 10.5.2001, Case C-152/98
Pollution of the Schelde basin; incorrect application of Council Directive 76/464/EEC on
pollution  caused  by  certain  dangerous  substances  discharged 
the  aquatic
environment of the Community
The Dutch authorities have still not notified programmes. Article 228 proceedings have
been commenced and are continuing.

into 

Judgment given on 19.3.2002, Case C-268/00
National legislation not in conformity with Council Directive 76/160/EC on the  quality
of bathing waters.
The  Commission  has  contacted  the  Dutch  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
The Dutch authorities have notified a plan of action and two schedules of provisional
dates for the 2002 bathing season.
The Commission is awaiting transmission of final data.

Austria

Judgment given on 26.9.2000, Case C-205/98
Increase in tolls on the Brenner motorway
Article 228  proceedings  are deferred to  give the Commission time to examine  the  tolls
determined by the Austrian authorities in response to the Court’s judgment in the light of
the new Directive 99/62/EC.

Judgment given on 14.6.2001, Case C-473/99
Failure to notify national measures transposing Commission Directive 95/30/EC adapting
to  technical  progress  Council  Directive  90/679/EEC  on  the  protection  of  workers  from
risks related to exposure to biological agents at work
The Austrian authorities notified legislative measures that were found to be inadequate.
Article 228 proceedings have been commenced.

Judgment given on 11.10.2001, Case C-110/00
Failure to notify national measures transposing Commission Directive 97/59/EC adapting
to  technical  progress  Council  Directive  90/679/EEC  on  the  protection  of  workers  from
risks related to exposure to biological agents at work
On 16.10.2002 the Austrian authorities notified information that is being analysed at the
Commission in the light of the transposal of Directive 97/59/EC.

Judgment given on 27.11.2001, Case C-424/99
Transparency of measures regulating the prices of medicinal products for human use and
their inclusion in the scope of national health insurance systems
On  16.10.2002  the  Austrian  authorities  notified  measures  taken  to  comply  with  the
Court’s judgment, now being analysed at the Commission.

27

Judgment given on 5.11.2002, Case C-475/98
Open sky agreements with the United States.
The  Commission  has  contacted  the  Austrian  authorities  and  asked  them  to  activate  the
denunciation  clauses  in  the  agreements  with  the  United  States  as  required  by  the
judgment of the Court of Justice.

28

Portugal

Judgment given on 13.7.2000, Case C-261/98
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).
Article 228 proceedings are continuing. The Portuguese authorities have responded to the
reasoned opinion sent to them and transmitted the programmes.
They are being examined by the Commission.

Judgment given on 26.6.2001, Case C-70/99
Discrimination as regards departure taxes and access for Community air carriers to intra-
Community air routes
The  Portuguese  authorities  have  notified  the  Decret  Regulamentar  No  5  –  A/2002  of
8.2.2002 on airport taxes.
Article 228 proceedings have been commenced regarding the part of the judgment not yet
implemented (discriminatory security taxes).
In their reply dated 1.10.2002, the Portuguese authorities transmitted a draft Order that is
to be adopted shortly.

Judgment given on 4.6.2002, Case C-367/98
Discrimination concerning foreign investment in privatised companies
The Commission has contacted the Portuguese authorities to ascertain what measures are
planned to comply with the Court's judgment.

29

Finland

Judgment given on 7.3.2002, Case C-169/00
Incorrect application of the Sixth VAT Directive (Council Directive 77/388/EEC), VAT
exemption for supplies and imports of works of art
Article 228 proceedings have been commenced.
By  letter  dated  20.12.2002  the  Finnish  authorities  notified  measures  to  implement  the
Court's judgment.
The case will probably be terminated very soon.

Judgment given on 5.11.2002, Case C-469/98
Open sky agreements with the United States.
The  Commission  has  contacted  the  Finnish  authorities  and  asked  them  to  activate  the
denunciation  clauses  in  the  agreements  with  the  United  States  as  required  by  the
judgment of the Court of Justice.

30

Sweden

Judgment given on 14.6.2001, Case C-368/00
Incorrect application of Council Directive 76/160/EEC concerning the quality of bathing
water
As  a  number  of  sites  were  excluded  there  was  a  need  for  examination  by  the
Commission's technical experts.
It was found that the Directive’s requirements were not met as regards Articles 4(1) and
6(1).
Article 228 proceedings have been commenced.

Judgment given on 5.11.2002, Case C-468/98
Open sky agreements with the United States.
The  Commission  has  contacted  the  Swedish  authorities  and  asked  them  to  activate  the
denunciation  clauses  in  the  agreements  with  the  United  States  as  required  by  the
judgment of the Court of Justice.

31

United Kingdom

Judgment given on 12.9.2000, Case C-359/97
Failure to levy VAT on tolls on roads and bridges
As  the  British  authorities  have  not  transmitted  draft  instruments  or  timetables,  Article
228 proceedings have been commenced and are continuing.
In  reply  to  the  reasoned  opinion  sent  to  them,  the  British  authorities  announce  and
amendment to the offending legislation for 1.2.2003.

Judgment given on 7.12.2000, Case C-69/99
Non-conformity  of  legislation  on  the  protection  of  waters  against  pollution  caused  by
nitrates from agricultural sources
The information supplied by the British authorities in response to the letter giving them
formal  notice  is  still  insufficient  to  come  into  line  with  Articles  3(1)  and  3(2)  of  the
Directive.

Judgment given on 13.11.2001, Case C-427/00
Incorrect application of Council Directive 76/160/EEC concerning the quality of bathing
water
The  Commission  has  contacted  the  British  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
On  11.7.2002  the  British  authorities  notified  measures  to  implement  the  Court's
judgment.
These measures  will have  to be  assessed  in  the  light  of  the  results  of  the  2002  bathing
season.

Judgment given on 24.1.2002, Case C-35/00
National  legislation  not  in  conformity  with  Council  Directives  91/156EEC  and
91/689/EEC and Parliament and Council Directive 94/62/EC on waste disposal plans.
The  Commission  has  contacted  the  British  authorities  to  ascertain  what  measures  are
planned to comply with the Court's judgment.
On 12.7.2002 the British authorities notified measures adopted for all regions.
But  the  Commission  is  awaiting  more  detailed  information  on  the  situation  regarding
sub-regional plans announced for England, Wales and Scotland.

32

Judgment given on 7.3.2002, Case C-39/01
National  legislation  not  in  conformity  with  Council  Directive  96/61/EC  concerning
integrated pollution prevention and control.
Analyse  of  the  measures  notified  by  the  British  authorities  shows  that  the  measures
announced will not enter into force before 2003.
Article 228 proceedings have been commenced.

Judgment given on 5.11.2002, Case C-466/98
Open sky agreements with the United States.
The  Commission  has  contacted  the  British  authorities  and  asked  them  to  activate  the
denunciation  clauses  in  the  agreements  with  the  United  States  as  required  by  the
judgment of the Court of Justice.

Judgment given on 14.11.2002, Case C-454/99
Failure to inspect, overfishing 1985-1986, 1988.
Recent judgment.

Judgment given on 14.11.2002, Case C-140/00
Failure to inspect, overfishing 1995 and 1996.
Recent judgment.

33

APPLICATION OF COMMUNITY LAW BY THE NATIONAL COURTS : A SURVEY

ANNEX VI

1.

Application of Article 234 of the EC Treaty1

In 2001, 237 requests for preliminary rulings were made by the national courts to the Court of Justice
of  the  European  Communities  (hereinafter  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 in the
Official Journal of the European Communities. The table below shows the number of references from
each Member State over the last 11 years.2

Number of references per Member State

Year

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

16

3

62

1

5

15

-

22

Luxembourg

1

Netherlands

18

Austria

22

7

57

5

7

22

1

24

1

43

19

4

44

-

13

36

2

46

1

13

Portugal

1

3

1

Finland

Sweden

United
Kingdom

14

8

51

10

10

43

3

58

2

19

2

5

-

6

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

15

3

47

3

5

12

2

50

-

12

31

8

5

4

26

1

10

5

53

4

4

15

1

40

2

14

57

4

3

4

18

8

59

7

3

8

-

37

4

12

31

3

7

5

21

14

-

-

15

12

24

20

21

18

24

22

Benelux

-

-

-

-

-

-

-

-

Total

162

204

203

251

256

239

264

255

224

237

216

1 

2 

The Commission will here follow the practice of the Court of Justice in its citation of the Articles of the Treaty
establishing the European Community. Where there is a reference to the Treaty in its form before the entry into
force of the Treaty of Amsterdam of 1 May 1999 the number of the Article is followed by the words “of the EC
Treaty”; where there is a reference to the Treaty in its form after the entry into force of the Treaty of Amsterdam
of 1 May 1999, the number of the Article is followed by the words “EC”.
The reports for 1996 to 1999 were published in OJ C 332, 3.11.1997, p. 198, OJ C 250, 10.8.1998, p. 195, OJ
C 354, 7.12.1999, p. 182, and OJ C 192, 30.1.2001, p. 192. The reports for 2000 and 2001 are accessible on the
Commission’s website at (http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm).

                                                
After an increase in the number of cases following the 1995 accessions, the number of references has
remained relatively stable. The courts of all the Member States referred questions to the Court of
Justice. Those 216 cases constituted 45% of the 477 cases brought before the Court of Justice in 2002.
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 2002, by Member State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Court of Cassation

Conseil d’Etat

Other courts

Højesteret

Other courts

Bundesgerichtshof

Bundesverwaltungsgericht

Bundesfinanzhof

Bundessozialgericht

Other courts

Other courts

Tribunal Supremo

Other courts

Court of Cassation

Conseil d’État

Other courts

-

Corte suprema di cassazione

Other courts

Cour administrative

Other courts

Raad van State

Hoge Raad

College van Beroep voor het Bedrijfsleven

Other courts

Bundesvergabeamt

Oberster Gerichtshof

Verwaltungsgerichtshof

Other courts

Supremo Tribunal Administrativo

Other courts

Korkein Hallinto-oikeus
Korkein oikeus

5

5

8

1

7

3

4

13

4

35

7

2

1

2

3

3

-

5

32

1

3

1

6

1

4

3

12

5

11

1

2

3
2

Sweden

United Kingdom

Other courts
Högsta Domstolen

Regeringsrätten

Other courts

House of Lords

Court of Appeal

Other courts

2
1

1

3

2

3

9

2.

Significant decisions by national courts and the European Court of Human Rights

2.1. 

Introduction

This analysis reviews the account taken of Community law by national courts and the European Court
of Human Rights. Unlike analyses undertaken in previous years, it is accordingly not restricted to the
rulings of supreme courts; national courts at first instance are now called on to apply the relevant
provisions of Community law.

The  Commission  has  again  had  access  to  data  compiled  by  the  Research  and  Documentation
Directorate and Computing Division of the Court of Justice; nevertheless, it is the Commission that
has drawn up this report. Each year, some 1 200 judgments relating to Community law come to the
attention of the Research and Documentation Directorate.

2.2.

The research

Research was carried out on judgments first delivered or published in 1999 concerning the following
questions:

a.

b.

i.
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?

ii.
Were there any other decisions regarding preliminary rulings that merit attention?
Were there cases where courts, contrary to the rule in Case 314/85 Foto-Frost,3 declared an act
of a Community institution to be invalid?

c.   Were there any decisions that applied the rulings given in Francovich, Factortame and Brasserie du

Pêcheur?

d. 

Were there any decisions that were noteworthy as setting good or bad examples?

3

Case 314/85 Foto-Frost [1987] ECR 4199 (judgment given on 22.10.1987).

                                                
Question 1

In Germany, several courts decided that there was no need for a reference to the Court of Justice on
the basis of the doctrine of the “acte clair”.4 The Bundesfinanzhof, for instance, gave a judgment5 on
the application of the progressive income tax rate. A worker had received income both in Germany
and, following relocation, in the Netherlands in the same year. The German tax administration argued
that, although income received in another Member State during the relevant tax year but after the
relocation was not taxable as such in Germany, account had to be taken of it for income tax purposes
to  establish  the  tax  bracket  within  which  the  income  received  in  Germany  was  to  fall.  The
Bundesfinanzhof  held  that  this  determination  of  the  progressive  tax  bracket  was  not  contrary  to
Community law. In particular, Article 48(1) (now Article 39(1)) of the EC Treaty did not preclude this,
since income in Germany et the Netherlands was taxed only once and the German tax was not higher
than the tax that would have been payable by a worker who had remained in Germany throughout the
tax  year.  Referring  to  the  judgment  given  by  the  Court  of  Justice  on  27  June  1996,6  the
Bundesfinanzhof held that the legal situation raised no doubts and that there was accordingly no need
for a reference to the Court of Justice.

In the same judgment the Bundesfinanzhof referred to the judgment given by the Court of Justice on
14 September 1999,7 whereby Article 48(2) of the EC Treaty (now, after amendment, Article 39(2)
EC) is to be interpreted as not precluding the application of a Member State’s legislation under which
resident married couples are granted favourable tax treatment such as that under the splitting procedure
whilst the same treatment of non-resident married couples is made subject to the condition that at least
90% of their total income must be subject to tax in that Member State or, if that percentage is not
reached, that their income from foreign sources not subject to tax in that State must not be above a
certain ceiling, thus maintaining the possibility for account to be taken of their personal and family
circumstances in the State of residence. The Bundesfinanzhof concluded that the same would apply
where  only  one  of  the  spouses  resided  in  Germany  and  the  other  in  another  Member  State.  The
Bundesfinanzhof considered that the legal situation was clear enough to release it from the need to
refer the question to the Court of Justice.

A similar judgment by the Bundesfinanzhof of 21 March 20028 concerns a German exporter who had
exported  livestock  to  third  countries.  The  exported  livestock  died  outside  Community  customs
territory on account of its poor state of health, before being put on the market in the third country of
destination but after customs formalities and payment of the export refund. The relevant German
authorities thereupon called for repayment of the export refund. The Bundesfinanzhof, on the other
hand, held that the payment of export refunds was conditional on customs formalities being actually
completed in good and due form. While the release of the product on the market in the third country
can be an additional condition for  the  grant of refunds,  but it  does not  warrant the repayment of
refunds by an exporter to whom they have been paid.

4

5

6

7

8

Judgment of 6 October 1982 Case 283/81 CILFIT [1982] ECR 3415.
Judgment of 15 May 2002, Az I R 40/01, Der Betrieb 2002, p. 1743 et seq.
Judgment of 27 June 1996, Case C-107/94 Asscher [1996] ECR I-3089. The Bundesfinanzhof cites paras 46 et
seq. (Bundesfinanzhof, judgment cited, Der Betrieb 2002, p. 1744, footnotes 3 and 4).
Judgment of 14 September 1999 Case C-391/97 Gschwind [1999] ECR I-5451.
Az. VII R 35/01, Recht der internationalen Wirtschaft 2002, p. 644.

                                                
The Bundesfinanzhof accordingly held that the customs administration could not rely on an argument
that there was a loss of entitlement to export refunds and could not require the exporter to repay
refunds already received. Since in the light of the law as stated by the Court of Justice9 there was no
doubt as to the  possible  or  divergent  interpretation  of  the  Community  rule,  the  Bundesfinanzhof
declined to refer the question to the Court.

Still in Germany, regarding the obligation to refer, the Bundesarbeitsgericht had before it the question
whether an employer managing a private school and a boarding school was acting contrary to the
principle of equal treatment in paying a supplementary retirement pension only to people employed
in the private school. The Bundesarbeitsgericht held on 19 June 200110 that this different treatment
could be justified by the fact that the supplementary retirement pension for employees of the private
school was  substantially refinanced by the  State under  the  Ersatzschulfinanzgesetz11 whereas the
employer has to pay the full pension for employees of the boarding school. The Bundesarbeitsgericht
expressly rejected the applicant’s request that this question be referred to the Court of Justice on the
ground that in Community law there was no general principle of equal treatment and that in the instant
case there was no evidence of any violation of Article 141 EC. It therefore concluded that there was
no need for a decision from the Court of Justice to found its own judgment.

In two further judgments given on 11 July 2002 the Bundesgerichtshof considered that the Community
rules were  clear  enough  and  declined  to  refer  to  the  Court  of  Justice.12  The  cases  concerned  the
distinction  between  medicines  and  in  one  case  foodstuffs  and  in  the  other  dietary  supplements.
Referring to the definition of medicine in the second paragraph of Article 1 of Directive 65/65/EEC13
and the case-law of the Court of Justice,14 the Bundesgerichtshof held that the concept of medicine
must be interpreted broadly enough to cover all substances capable of affecting the actual functioning
of the human organism. It observed that it was for the national authorities, subject to judicial review,
to determine whether, given its composition, the potential risks generated by long-term consumption
or  its  side-effects  and,  more  generally,  its  overall  characteristics,  including  its  composition,  its
pharmacological properties as demonstrated by the current state of scientific knowledge, the mode of
administration , the extent of its distribution, consumers’ familiarity with it and the potential risks
from using it, a product was or was not a medicine. The Bundesgerichtshof held that the entry into

9

10

11

12

13

14

the  financing  of  private  schools  recognised  by 

Judgment of 14 December 2000 Case C-110/99 Emsland-Stärke [2000] ECR I-11569.
Bundesarbeitsgericht, Judgment of 19 June 2001, 3 AZR 557/00, Der Betrieb 2002, p. 436.
Land  Nordrhein-Westfalen  Act  on 
Ersatzschulfinanzgesetz NRW.
Bundesgerichtshof,  Judgment  of  11  July  2002,  I  ZR  273/99  (Sportlernahrung),  Zeitschrift  für  das  gesamte
Lebensmittelrecht  2002,  p.  660  et  seq.;  Judgment  of  11  July  2002,  I  ZR  34/01(Muskelaufbaupräparate),
Wettbewerb in Recht und Praxis 2002, p. 1141 et seq.
Council  Directive  65/65/EEC  of  26  January  1965  on  the  approximation  of  provisions  laid  down  by  Law,
Regulation or Administrative Action relating to proprietary medicinal products, OJ 22, 9.2.1965, p. 369. Article
1(2)  provides  that  medicines  include  any  substance  or  combination  of  substances  presented  for  treating  or
preventing disease in human beings or animals. Any substance or combination of substances which may be
administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting
or modifying physiological functions in human beings or in animals is likewise considered a medicinal product.
Judgment of 21 mars 1991 Case C-369/88 Delattre, [1991] ECR I-1487; Judgment of 20 May 1992 Case C-
290/90 Commission v Germany [1992] ECR I-3317.

the  Land,

                                                
force of Regulation No 178/200215 laying down the general principles and requirements of food law
had no impact on the demarcation line between foodstuffs and medicines as the Regulation merely
introduced the concept of medicine as defined by Directive 65/65 into food law. There was no need
to refer to the Court of Justice.16

Still in Germany, the Bundessozialgericht gave judgment on 9 October 200117 in a case concerning
the  reimbursement  by  a  statutory  health-care  insurance  scheme  of  medical  expenses  incurred  in
another Member State. A German national, without seeking prior authorisation from the German
scheme, has received out-patient treatment in Belgium involving radiation therapy using radioactive
iodine. In Germany the Radiation Protection Regulation (Strahlenschutzverordnung)18 and a directive
on radiation protection in medical matters19 allow this form of radiation therapy only on an in-patient
basis with hospitalisation for at least 48 hours on health protection grounds. Acting on the basis of the
German regulation and Book V of the Welfare Code20 - the authorities refused to reimburse the costs
of the therapy. The patient challenged their decision, arguing that it was contrary to Community law.
But  the  Bundessozialgericht  dismissed  the  action  without  referring  to  the  Court  of  Justice.  In
accordance with section 16 of Book V of the Welfare Code, entitlement to benefits is suspended when
insured persons are abroad. There is an exception under section 18, whereby the health-care insurance
scheme can the costs of care abroad where in the general state of medical knowledge treatment for a
disorder is only possible abroad. The Bundessozialgericht held that the derogation in section 18 was
not available as the requisite radiation therapies could be had in Germany. The fact that out-patient
treatment was not possible in Germany did not mean that the therapy was only possible abroad. The
refusal under German law to reimburse health-care costs incurred in Belgium was not contrary to
Community  law.  The  Bundessozialgericht  held  that  the  German  rules  on  the  basis  of  which
reimbursement was refused did not constitute a barrier to freedom to provide services as they did not
preclude the provision of the service as such in Belgium. They merely required a specific condition
for the service, namely in-patient treatment. There were overriding radiation protection considerations
in support of this as the protection was not so much for the actual patients as for others coming into
contact with them. Moreover, even if Community law itself provided for health protection against the
risks of ionising radiation,21 that did not preclude Member States from adopting even stricter rules.22

A second series of judgments given by German courts emphasises the importance of preliminary
rulings under Article 234 EC as an integral part of the German legal system. Regarding the importance
of Article 234 EC in the German national legal order and the exclusive jurisdiction of the Court of

15

16

17

18

19

20

21

22

Parliament and Council Regulation (EC) No 178/2002 of 28 January 2002 laying down the general principles and
requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters
of food safety, OJ L 31, 1.2.2002, p. 1.
This implicit decision of the Bundesgerichtshof has been criticised by D. Gorny, note to the judgment of the
Bundesgerichtshof of 11 July 2002, I ZR 273/99, Zeitschrift für das gesamte Lebensmittelrecht 2002, p. 660.
Bundessozialgericht, Judgment of 9 October 2001, B 1 KR 26/99 R, Sammlung der Entscheidungen aus dem
Sozialrecht 2002, p. 301.
Verordnung über den Schutz vor Schäden durch ionisierende Strahlen of 30 July 1989, Bundesgesetzblatt 1989
I, p. 1926.
Richtlinie Strahlenschutz in der Medizin of 14 October 1992, Bundesminister für Umwelt, Naturschutz und
Reaktorsicherheit.
Sozialgesetzbuch V - Gesetzliche Krankenversicherung (ci-après le “SGB V”).
Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the
health of workers and the general public against the dangers arising from ionizing radiation, OJ L 159, p. 1.
Judgment of 25 November 1992 Case C-376/90 Commission v Belgium [1992] ECR I-6175, points 20 et seq.

                                                
to 

interpret  Community 

Justice 
the  Bundesverfassungsgericht  given
law,  an  Order  of 
on 30 January 200223 concerning the consequences of a decision by a national court to refrain from
referring a question to the Court of Justice for a preliminary ruling. The Bundesverfassungsgericht was
hearing a constitutional action against a decision of an Oberlandesgericht which had held that the
marketing of cough sweets under the name “biobronch” was not contrary to Article 2 of Regulation
No 2092/91.24 The applicant raised the question whether that court had violated the second sentence
of Article 101(1) of the German Basic Law by not asking the Court of Justice for a preliminary ruling
on  the  interpretation  of  the  Article.  Article  101  provides  that  no-one  may  be  removed  from  the
jurisdiction of his lawful judge. The Bundesverfassungsgericht has constantly held that the Court of
Justice of the European Communities is within the definition of the “lawful judge”.25 Consequently,
violation of the obligation to seek a preliminary ruling under  Article 234  CE  by  a  German court
against whose judgments there is no appeal is also a violation of the German Basic Law. But the
Bundesverfassungsgericht stated that all it could do was check whether the application of Article 234
EC by the national court was manifestly unjustifiable,26 and in particular whether the court had totally
violated its obligation to refer. On the basis of the case-law of the Court of Justice to the effect that
it had no jurisdiction to apply the rules of Community law to a specific case but solely to supply the
basis  for  the  interpretation  of  Community  law,27  the  Bundesverfassungsgericht  added  that  a
constitutional action relating to the violation of the obligation to refer must make clear whether the
action  concerns  the  interpretation  of  Community  law  rather  than  a  question  of  application  of  a
Community rule to the individual case. Where the applicant fails to do this, as in the instant case, the
constitutional action must be dismissed as inadmissible.

On the same question, the Bundesgerichtshof, in an Order made 6 June 2002,28 ruled on its jurisdiction
to interpret the Convention Implementing the Schengen Agreement of 19 June 1990 and the question
whether  there  was  an  obligation  to  seek  a  preliminary  ruling  from  the  Court  of  Justice  on  the
interpretation of it. The action before it was for an interpretation, an action serving to secure the
uniformity of German law. The referring court, against whose decision there was no appeal, asked
whether the concept of “interruption of limitation periods” for the purposes of Article 62(1) of the
Implementing  Convention  included  periods  during  which  limitation  was  suspended.  The
Bundesgerichtshof held that only the Court of Justice had jurisdiction to interpret the Implementing
Convention and accordingly declined to act on the reference. The Bundesgerichtshof stated that under
section 1(2) of the Act governing requests for preliminary rulings from the Court of Justice in matters
of police and judicial cooperation,29 a court against whose decisions there is no appeal in domestic law
must  refer  to  the  Court  of  Justice  whenever  a  question  of  interpretation  of  the  Implementing

23

24

25

26

27

28

29

Bundesverfassungsgericht, Order of 30 January 2002, 1 BvR 1542/00, Neue Juristische Wochenschrift 2002, p.
1486.
Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and
indications referring thereto on agricultural products and foodstuffs, OJ L 198, p. 1.
Cf. Bundesverfassungsgericht, Judgment of 22 October 1986, 2 BvR 197/83 (Solange II); Entscheidungen des
Bundesverfassungsgerichtes  (“BVerfGE”)  Bd.73,  p.  339  et  seq.  =  NJW  1987,  p.  577  et  seq.;
Bundesverfassungsgericht, Judgment of 31 May 1990, 2 BvL 12/88, 2 BvL 13/88, 2 BvL 1436/87, BVerfGE
Bd.82, p. 159 et seq.
“... ob die Zuständigkeitsregel in offensichtlich unhaltbarer Weise gehandhabt worden ist.”
Judgment of 24 September 1987 Case 37/86 Coenen [1987] ECR 3604.
Bundesgerichtshof, Order of 6 June 2002, 4 ARs 3/02, Neue Juristische Wochenschrift 2002, p. 2653 et seq.
Gesetz  betreffend  die  Anrufung  des  Gerichtshofes  der  Europäischen  Gemeinschaften  im  Wege  des
Vorabentscheidungsverfahrens  auf  dem  Gebiet  der  polizeilichen  Zusammenarbeit  und  der  justiziellen
Zusammenarbeit  in  Strafsachen  nach  Artikel  35  des  EU-Vertrages  du  6  août  1998  (  “EuGH-Gesetz”),
Bundesgesetzblatt 1998 I, n(cid:1) 50, p. 2035.

                                                
Convention is raised and the national court considers that an answer to the question is necessary for
its judgment. The Bundesgerichtshof went on to state that Article 62 of the Implementing Convention
was based on Articles 31(b) and 34 of the Treaty on European Union. The jurisdiction of the Court
of Justice under Article 35 of that Treaty, on the basis of Article 2(1) of the Protocol integrating the
Schengen  acquis  in  the  European  Union,  was  not  confined  to  conventions  concluded  after  the
Amsterdam  Treaty.  It  therefore  included  the  Implementing  Convention  of  19  June  1990.  This
exclusive jurisdiction of the Court of Justice had been accepted by Germany with the enactment of the
European Court of Justice Act, giving effect to Article 35(1) of the Treaty on European Union.

In Spain, the Tribunal Supremo, giving judgment on 7 March 2002,30 declined to refer a question for
a preliminary ruling on the interpretation of Article 17 of the Sixth VAT Directive31 read with section
33.1.2º of the former Spanish VAT Act of 198532 and section 62.1.2º of its implementing regulation.33
These provisions excluded the right to deduct VAT on transport or travel services for taxable persons,
their  staff  or  other  persons,  even  if  the  services  were  used  for  business  purposes.  The  applicant
company wished the Court of Justice to be asked for a preliminary ruling on the compatibility of this
exclusion with Article 17 of the Sixth Directive, which allows the deduction “in so far as the goods
and  services  are  used  for  the  purposes  of  ...  taxable  transactions”,  as  regards  “goods  or  services
supplied or to be supplied ... by another taxable person”.

The Tribunal Supremo ruled on the compatibility of this exclusion with Article 17 of the Directive.
It proceeded on the basis of two arguments. First, it held that Article 17 of the Directive was not
directly applicable as the national legislature enjoyed a certain discretion in applying it and paragraph
6 gave  the council  four  years from  entry into force to  determine  the  expenses  that  would  not  be
deductible. Second, the Tribunal Supremo applied the final subparagraph of paragraph 6, whereby
“Until the above rules come into force, Member States may retain all the exclusions provided for
under their national laws when this Directive comes into force”, the Spanish VAT Act having been
enacted in 1985, before Spain acceded to the Communities and before the Sixth Directive entered into
force in Spain on 1 January 1986.

The Tribunal Supremo also refused to put a question to the Court of Justice for a preliminary ruling
on the ground that the obligations imposed by Article 177 of the EC Treaty were mitigated by the
Pescatore doctrine, shared by the European Commission, to the effect that it is not necessary to seek
a preliminary ruling where there is no doubt as to the validity of the relevant Community provision.

These opinions were expressed despite the judgment given by the Court of Justice on 6 July 1995,34
recognising that Article 17(1) and (2) of the Sixth Directive were directly applicable. Likewise the
Tribunal Supremo held that the Directive referred only to “provisions” and that the Spanish VAT Act,
although in force only on 1 January 1986, when Spain actually acceded to the Communities, had

30

31

32

33

34

Sentencia del Tribunal Supremo, Sala de lo Contencioso-Administrativo, Sección 2.ª, 7 March 2002, recurso de
casación nº 9156/1996 (RJA 2002/3525).
Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States
relating to turnover taxes - Common system of value added tax: uniform basis of assessment, OJ L 145, p. 1.
Ley 30/1985, de 2 de agosto,  del  Impuesto  sobre  el  Valor  Añadido  (BOE  9-VIII-1985),  abrogé  par  la  Ley
37/1992, de 28 de diciembre (BOE 29-XII-1992).
Real Decreto 2028/1985, de 30 de octubre, por le que se aprueba el Reglamento del Impuesto sobre el Valor
Añadido (BOE 31-X-1985).
Judgment of 6 July 1995 Case C-62/93BP Soupergaz [1995] ECR I-1883.

                                                
“provided” in 1985.

Still in Spain, in two judgment concerning the ex post recovery of customs duties not charged to the
dutiable  person,  requiring  the  interpretation  and  the  application  of  Article  2  of  Regulation  No
1697/79,35 the Tribunal Supremo came to opposite solutions without putting questions to the Court
of Justice.36

The two applicant companies had made imports in 1980 and 1982 and had paid the same customs
agent a provision to cover the payment of duties. In December 1987, not having received payment of
the duties, the customs administration sought to recover them by means of an action brought initially
against the customs agent and then, when the agent was in solvent, against the applicant companies.
Before bringing the actions, the customs had asked the companies to provide evidence of the payment
to the customs agent so as to proceed against the proper debtor.

In the first of the judgments, the one given on 27 March 2002, the Tribunal Supremo held that Article
2 of Regulation No 1697/79 was not applicable in the case. That Article provides that an action for
the recovery of uncharged duties may not be taken after the expiry of a period of three years from the
date of entry in the accounts of the amount originally required of the person liable for payment or ,
where there is no entry in the accounts , from the date on which the customs debt relating to the said
goods was incurred. The Tribunal Supremo took the view that the Regulation was not applicable as
the  debt  arose  in  1980  or  1982,  well  before  Spain  acceded  to  the  Communities.  The  judgment
accordingly  applied  the  Spanish  legislation  that  provided  for  a  five-year  limitation  period  and
dismissed the action.

But in the second judgment,  given on  16  November 2002,  the  Tribunal  Supremo  considered  the
question of the time at which the recovery action is to be regarded as having been “taken”. This could
be either before Spain acceded to the Communities and Regulation No 1697/79 became applicable
there, on the date when the customs administration asked the applicants for evidence that they had paid
the customs agent; or on the post-accession date when the customs administration finally demanded
payment of the customs duties by the applicants. The Tribunal Supremo opted for the latter solution.
It held that the three year period allowed for recovery was not a limitation period but an estoppel
period that could not be interrupted. It accordingly declared Regulation No 1697/79 inapplicable and
decided that the ex post recovery of customs duties could not take place.

In another Spanish case, the Tribunal Supremo decided37 not to seek a preliminary ruling in a case

35

36

37

Council Regulation (EEC) No 1697/79 of 24 July 1979 on the post-clearance recovery of import duties or export
duties which have not been required of the person liable for payment on goods entered for a customs procedure
involving the obligation to pay such duties, OJ L 197, p. 1.
Tribunal Supremo, Sala de lo Contencioso-Administrativo, Sección 2.ª, judgments  of  27  March  2002  (RJA
2002/3616) and 16 November 2002 (La Ley, 28-I-2003, marginal 599), recursos de casación nº 8459/1996 and
512/1997, respectively. There is a third Judgment of 15 June 2000, same chamber and section of the Tribunal
Supremo  (recurso  de  casación  nº 7572/1995,  RJA  2000/7564),  taking  the  same  solution  as  the  Judgment
of 16 November 2002 and therefore departing from the position taken in Judgment of 27 March 2002 without
saying so.
Tribunal Supremo, Sala de lo Contencioso-Administrativo, sección 3.ª, Judgment of 20 June 2002, recurso de
casación nº 3971/1996 (La Ley, 5-VIII-2002, marginal 6227 and RJA 2002/9555).

                                                
concerning the compatibility with Regulation No 4055/8638 of the Spanish authorities’ refusal to allow
the use of the port of Alicante by a UK-controlled and registered ship for a passenger and goods
transport service between that port and the Moroccan port of Nador. The administrative decision was
based  on  the  need  for  an  authorisation  under  the  Shipping  Agreement  between  the  Kingdom  of
Morocco and the Kingdom of Spain or to await amendment of that Agreement, under negotiation at
the material time.

The Tribunal Supremo held that there was no need to refer a question for a preliminary ruling, as it
was possible to deduce the proper interpretation of Community law from the judgment given by the
Court of Justice on 20 February 200139 on a request for a preliminary ruling from the same section of
the  Tribunal  Supremo.  That  judgment  determined  the  conditions  for  admissibility  of  a  prior
administrative authorisation for regular maritime cabotage services in accordance with Regulation
No 3577/92.40

The Tribunal Supremo restated some of the considerations underlying that judgment. It held that, even
if  a  national  provision  which  makes  the  provision  of  services  subject  to  a  prior  administrative
authorisation is such as to impede the provision of the services or at least make it less attractive and
is  therefore  a  restriction  on  free  movement,  “the  freedom  to  provide  services,  as  a  fundamental
principle of the Treaty, may be limited only by rules justified on overriding grounds of the general
interest applying to every person or firm exercising an activity in the territory of the host Member
State. If the relevant national rules are to be regarded as valid, they must be designed to attain the
objective they  pursue  and go no  further than what is needed  for that purpose”.  It  held  that  these
considerations were applicable to navigation by inland waterway and accepted that it was legitimate
to  uphold  the  decision  withholding  authorisation  as  there  were  overriding  general  interest  safety
considerations. These concerned the inadequate facilities at the port of Alicante for customs inspection
of international traffic. The Tribunal Supremo accordingly rejected the action challenging the decision
and confirled that it was compatible with the Regulation.

But the Tribunal Supremo did not refer to the condition laid down by the judgment of the Court of
Justice whereby the criteria for admissibility of the prior authorisation scheme for cabotage must not
only be objective and non-discriminatory but must also be “ known in advance to the undertakings
concerned, in such a way as to circumscribe the exercise of the national authorities’ discretion, so that
it is not used arbitrarily. Accordingly, the nature and the scope of the public service obligations to be
imposed by means of a prior administrative authorisation scheme must be specified in advance to the
undertakings concerned”.41 But this condition seems relevant here since, as the Tribunal Supremo
itself  acknowledges,  unlike  the  situation  regarding  inland  waterway  navigation  and  cabotage  for
profit,42  the  Spanish  shipping  legislation  does  not  mention  the  possibility  of  imposing  a  prior

38

39

40

41

42

Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of  freedom  to  provide
services to maritime transport between Member States and between Member States and third countries, OJ L 378,
p. 1.
Judgment of 20 February 2001 Case C-205/99 Asociación Profesional de Empresas Navieras de Líneas Regulares
and others [2001] ECR I-1271.
Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide sevices
to maritime transport within Member States (maritime cabotage), OJ L 364, p. 7.
Judgment of 20 February 2001 para 38 and operative part 1.
Sections 80(3) and 81(1) and (2) of Act 27/1992 of 24 November, de puertos del Estado y de la marina mercante
(BOE 25-XI-1992).

                                                
authorisation for international transport.

In another Spanish case, the Tribunal Supremo declined to refer a question for a preliminary ruling
as  requested  by  the  claimant  in  a  case  concerning  the  compatibility  of  a  decision  by  the  tax
administration with the freedom of establishment provided for by Article 52 of the EC Treaty.43 The
decision was a refusal to apply the concessionary tax scheme for groups of companies to a stable
establishment of a Belgian firm for 1992, 1993 et 1994 on the grounds that national legislation44
required both the holding company and the subsidiaries to be resident in Spain.

After reciting the text of Article, the Tribunal Supremo rules on the compatibility of this type of tax
decision with it. It proceeded on the basis of the fact that “the conditions laid down by Spanish law
for  Spanish  firms  require  that  both  the  holding  company  and  the  subsidiaries  be  public  limited
companies in accordance with national law”. It added that “it has been neither shown nor even alleged
that the stable establishment of a Spanish firm in Belgium is eligible for the concessionary tax scheme
for groups of companies”.

The Tribunal Supremo went on to hold that the claimant’s alleged violation of two judgments of the
Court of Justice interpreting the scope of Article 52 of the EC Treaty in relation to the two subsidiaries
was inadmissible as a ground for setting aside the judgment of the court below.45 It stated that the
judgments of the Court of Justice and the decisions of the administrative courts, the superior courts
of  the  Autonomous  Communities  and  the  Audiencia  National,  the  Court  of  Auditors  and  the
Constitutional Court did not constitute case-law the violation of which was a ground for setting aside
a judgment for the purposes of Article 95.1.4º of the Administrative Jurisdiction Act 1956.46 The
Tribunal Supremo added that in any event there was no similarity between the two judgments of the
Court of Justice and the questions in issue in the case since the two judgments were inapplicable to
the hypothesis of a refusal to allow entitlement to the tax scheme claimed in the instant case.

The Tribunal Supremo based its decision to refrain from seeking a preliminary ruling on the “acte
clair” doctrine. It referred expressly to the Court of Justice decision in Cilfit and to the “Pescatore
doctrine” to hold that the case raised no doubts as to the interpretation of Article 52 EC.

In Finland, the Korkein hallinto-oikeus (Supreme Administrative Court) held, without referring to the
Court  of  Justice,  that  the  Finnish  rules  governing  controlled  foreign  corporations  (CFCs)  was  in
accordance with Community law.47

43

44

45

46

47

Tribunal Supremo, Sala de lo Contencioso-Administrativo, sección 2.ª, Judgment of 15 July 2002, recurso de
casación nº 4517/1997 (RJA 2002/7724).
Real Decreto-Ley 15/1977, 25 February (BOE 28-II-1977), and Real Decreto 1414/1977, 17 June (BOE 24-VI-
1977).
Judgment of 28 January 1986 Case 270/83 Commission v France [1986] ECR 273 (inadmissibility in freedom
of establishment terms of the refusal to allow the tax relief for subsidiaries and branches in France of insurance
companies  established  in  another  Member  State),  and  judgment  of  15  May  1997  Case  C-250/95  Futura
Participations  SA  and  Singer  [1997]  ECR  I-2471  (conditions  for  admissibility  of  legislation  which,  as  in
Luxembourg, makes it possible for losses to be carried over to another non-resident company only if there is an
economic relation between the losses and profits in that country.
Ley reguladora de la jurisdicción contencioso-administrativa, 27 December 1956 (BOE 28-XII-1956).  The
ground for the appeal in cassation was “violation of the material statutory rules and case-law”.
Judgment of 20 March 2002, KHO: 2002:26. Available in English in International Tax Law Reports 2002, Vol.
6, p. 1043.

 
                                                
Under the CFC rules, the passive income48 of subsidiaries established in tax havens may be taxed by
the holding company’s country of residence. The foreign subsidiaries are regarded as CFCs. The
definition of a CFC has three components:

- 
- 

-

the company must be non-resident;
the company must be controlled by one or more resident persons or companies, which is the
case where: either one or more resident shareholders directly or indirectly hold at least 50%
of the capital or voting rights in the company, or they are entitled to at least 50% of the product
of the firm’s net value;
the local tax scheme must satisfy the criteria of the concessionary tax scheme: a foreign tax
scheme is regarded as concessionary if the actual rate of corporate income tax borne by the
foreign company is less than three fifths of the actual rate borne by Finnish companies.

In the case in the Supreme Administrative Court, the Finnish company A Oyj Abp had a Belgian
subsidiary – A Finance NV – which was responsible for financial services and certain other services
required by A Group companies in Central Europe. A Finance NV was registered and domiciled for
tax purposes in Belgium. It enjoyed the benefit of the Belgian tax scheme for coordination centres. The
purpose of this scheme was to allow international groups to centralise and coordinate certain of their
activities in Belgium. These centres were subject to corporate income tax at the standard rate, but their
basis  for  assessment  was  determined  on  a  flat-rate  basis  in  agreement  with  the  tax  authorities
regardless  of  profits.  The  flat  rate  was  a  percentage  of  the  centre’s  total  expenditure  and  costs,
excluding personnel and financial costs. Coordination centres were also subject to an annual flat-rate
tax of BFR 400 000 per employed person, with a  maximum of BFR 4 million.  The  effect  of the
Belgian tax rules was that the tax burden borne by A Finance NV in Belgium was probably less than
three fifths of the burden borne by companies in Finland at the beginning of fiscal 1999.

A  Oyj  Abp,  in  accordance  with  Finnish  legislation,  had  applied  for  an  opinion  from  the
keskusverolautakunta  (Central  Taxation  Commission)  on  the  question  whether  the  income  of  A
Finance NV could be taxable in Finland under the CFC legislation. The Commission considered that
A  Oyj  Abp  could  be  taxed  in  Finland  under  the  CFC  rules  and  that  the  provisions  of  the  Tax
Convention between Belgium and Finland or of Community law relating to the right of establishment
and the free movement of  capital did not preclude this. A Oyj Abp  then challenged the  decision
concerning fiscal 1999 and 2000 in the Supreme Administrative Court.

The Supreme Administrative Court held that the CFC legislation had not prevented A Finance NV
from being established in Belgium and that A Oyj Abp was not in a worse position in Finland than if
it had not established a subsidiary in Belgium or the establishment had had another form rather than
being a coordination centre. Nor had the CFC legislation prevented A Finance NV from transferring
capital to Belgium and enjoying tax relief there. The Court compared the situation in the case before
it with what would have been A Oyj Abp’s situation if it had not established a subsidiary in Belgium
or if the subsidiary had been in another form rather than a coordination centre. It concluded from the
comparison that the CFC legislation did not restrict the right of establishment for the purposes of
Article 43 EC or restrict the free movement of capital for the purposes of Article 56 EC.

The Court held that while the CFC legislation had not prevented A Oyj Abp’s subsidiary from being
established in Belgium and enjoying tax relief there, it might in practice prevent A Group companies

48

Passive income means the proceeds of shareholdings.

 
 
 
 
                                                
from enjoying that relief because A Oyj Abp could be taxed on the basis of A Finance NV’s income
in  Belgium.  The  Court  did  not  regard  that  as  a  restriction  on  the  right  of  establishment  or  as
discrimination against either the Finnish holding company or the Belgian subsidiary as it was an
arrangement in domestic law affecting companies resident in Finland.

In France, the Council of State49 reviewed the legality of a decree adopted following the annulment50
of regulations establishing exceptional contributions payable by pharmaceutical laboratories, declared
incompatible with Community law by the Court of Justice on 8 July 1999 (Baxter)51 and reimbursed
following the annulment. The Court of Justice had held that the effect of the contributions was to put
firms having their main establishment in other Union Member States and operating in France through
subsidiaries at a disadvantage.

The new exceptional  contribution  payable  by laboratories was established  by  the  Social  Security
(Finance) Act for 2000,52 and the rate of the contribution was set by decree.

The Council of State denies all accusations that it has violated res judicata in the form of the judgment
given by the Court of Justice of the European Communities on 8 July 1999, arguing that the new
contribution does not concern the same taxable persons, is assessed on a different basis and is not
subject to the same exemptions.

But the Council of State did not see fit to refer a question to the Court of Justice on the two main
objections made by the claimants in support of their application for annulment of the relevant decree
– the discriminatory nature of the scheme and the possibility of regarding it as a form of State aid that
ought to have been notified to the European Commission.

On the first objection, it held that the basis for assessment to the new contribution was defined on the
basis of objective criteria related to its purpose of making firms doing business in pharmaceutical
specialties contribute to financing social protection and to the equilibrium of the bodies involved.

There is no nationality discrimination in the contribution contrary to Article 12 EC and no barriers to
freedom of establishment. But there are grounds for wondering whether there is indirect discrimination
as home-based laboratories enjoy a practical advantage.

On the second objection, the Council of State summarily dismisses the description of the scheme as
an aid scheme, regarding the fact that certain pharmaceutical firms would have enjoyed the benefit of
the gain represented by the difference between the total sums reimbursed by the sickness insurance
scheme under the decision that it gave following the Court of Justice’s Baxter judgment and the total
sums paid by way of the new contribution as a mere coincidence that does not make the contribution
scheme into an aid scheme that is illicit as not having been notified to the European Commission
under Article 88(3) EC.

Also noteworthy were the views expressed by the council of State on the principle of the primacy of

49 

50 
51 
52

C.E. 3 December 2001, SNIP (Droit administratif 2002 nº 55).

C.E. 15 October 1999, Soc. Baxter and others.
Judgment of 8 July 1999 Case C-254/97 Baxter [1999] ECR I-4809.
LFSS 99-1140, 29 December 1999, OJRF, 30 December 1999, p. 19706.

 
                                                
Community law. It held that the principle cannot have the effect in domestic law of weakening the
supremacy of the Constitution, even though there was no conflict between a Community rule and a
constitutional rule. That said, the Council of State used the digression to formally assert the primacy
of the Constitution, at least in the domestic legal order, using a form of words that for the first time
referred to Community law. This had not been the case in Sarran,53 where it referred more generally
to international agreements.

In Ireland, the District Court in Masterson v Director of Public Prosecutions54 put two questions to
the High Court on the compatibility of a prohibition on imports of kerosene containing coumarins in
section  12  of  the  Hydrocarbon  (Heavy)  Oil  Regulations  199155  with  Article  28  EC  and  Council
Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise
duty and on the holding, movement and monitoring of such products.56 Coumarin is a substance used
as a marker to identify the origin of kerosene. It is used for that purpose in Northern Ireland but its use
in kerosene is strictly controlled in Ireland. The High Court, without even considering the possibility
of a reference to the Court of Justice, held that the prohibition laid down by the national regulations
pursued an objective relating to administration, surveillance and tax controls and was not therefore
contrary to Article 28 EC which, unlike the Treaty’s tax provisions, concerned trade.

On the question whether the national regulations were contrary to Directive 92/12, the High Court
went on to examine Article 21(4) of the Directive57 and held that, although they might be contrary to
Article 28 EC, they must be interpreted in the light of Article 93 EC. Referring to the judgment given
by the Court of Justice in Case 74/76 Iannelli v Meroni ( [1977] ECR 557) on 22 March 1977, the
Court held that the national regulations were necessary for the administration of excise duties and that
every  component  of  them  was  necessary  for  that  purpose.  An  appeal  against  the  High  Court’s
judgment lies to the Supreme Court, but in fact no appeal has been brought.

In  Italy,  the  Court  of  Cassation  gave  judgment  in  case  21549  on  4  June  2002,  concerning  the
compatibility of sections 4bis and 4ter inserted in Act 401 of 13 December 1989 by Act 388 of 23
December 2000 with Community law. These provisions concern the organisation of the collection of
bets on sporting events and prohibit all organised activity to accept, collect or facilitate the collection
by any means, including telephone and electronic communications, of bets of whatever kind accepted
by  any  person  in  Italy  or  abroad,  unless  the  activates  were  authorised  by  the  State  monopolies
administration. They extended the scope of the national rules reserving for the State or its concession
operators all activity in the collection of bets on sporting events. There was a preliminary ruling on
these provisions in Case C-67/98 (judgment given on 21 October 1999 [1999] ECR I-7289), where
the Court of Justice held that, even if such rules act as a barrier to the freedom to provide services, they
may be justified by consumer protection objectives.

The Court of Cassation took this judgment as a basis for declining to refer to the Court of Justice the
 question raised by the parties of the possibility of a conflict between the new legislation and the rules
on freedom of establishment and freedom to provide services. The parties submitted that the sole

53

54

55

56

57

C.E., Ass., 13 October 1998, Revue Française de Droit Administratif 1998, p. 1081.
High Court, 13 May 2002.
S.I. 269 of 1991.
Council Directive 92/12/EEC of 25 February 1992, OJ L 76, p. 1.
 “Mineral oils may be held, transported or used in Ireland, other than in the running tanks of vehicles permitted
to use rebated fuel, only where they comply with that State's control and marking requirements”.

 
                                                
purpose of sections 4bis and 4ter was to raise resources for the State, so that they were not justified
on grounds of public policy, public security or public health. But the Court of Cassation held that these
rules,  like  those  in  Zenatti,  on  which  the  Court  of  Justice  had  expressed  its  analysis,  had  “the
advantage  of  confining  the  desire  to  gamble  and  the  exploitation  of  gambling  within  controlled
channels, of preventing the risk of fraud or crime in the context of such exploitation, and of using the
resulting profits for public-interest purposes” (paragraph 35 of Zenatti). It further recalled that even
before the sections were enacted it had interpreted the earlier rules as meaning that the rules reserving
the activities of taking bets for the State also applied to the organisation of betting by telephone or
electronic communications. All the sections did was codify the interpretation given by the courts “in
the light of technological innovations in electronic data transmission”.

It should be noted here that, while the Court of Cassation felt no need to raise the question of the
interpretation of the Community rules on freedom of establishment and freedom to provide services,
two courts of first instance, the Tribunal at Ascoli Piceno and at Modena, referred the same question
to the Court of Justice, where their references are still pending.58 And at the same time the Tribunal
at Ascoli Piceno referred a question for constitutional review which the Constitutional Court, by Order
No 85 made on 1 and 21 March 2002, declared to be manifestly inadmissible, as the referring judge
proceeded from the hypothesis that sections 4bis and 4ter were applicable in the Italian legal order
whereas doubts were cast on this by the reference for a preliminary ruling in the European context.

In another Italian case, No 7636, the Court of Cassation made an Order on 24 May 2002,59 on an
action (“regolamento di competenza”) challenging the Order whereby the Florence Court of Appeal
referred a question to the Court of Justice for a preliminary ruling (Case C-207/01) concerning the
interpretation  of  Articles 81,  82  and  85  EC  and  Directive  92/12,  the  question  being  whether  the
Directive precluded the  Italian  rules on  surcharges  (“sovrapprezzi”) for nuclear charges and  new
electricity-generating plant. In the action in cassation, the applicant submitted that the question should
not have been referred for a preliminary ruling and challenges the terms in which it was put.

The Court of Cassation dismissed the action, holding that, under Article 234 EC, Article 20 of the
Statute of the Court of Justice and the second paragraph of Article 64 of the Rules of Procedure of the
Court of Justice, where a national court believes that an interpretation from the Court of Justice is
necessary settle the case, it can apply to the Court of Justice which has exclusive jurisdiction in this
respect and may order proceedings to be stayed pending the Court of Justice’s reply. The Court of
Cassation concludes that its review of orders staying proceedings in the event of a reference to the
Court of Justice can extend only to “verifying the legal correctness” of the facts taken as a basis by the
referring court, since  that  is  a  matter  solely  for  that  court  and  any  review  of  the  grounds  for  the
reference can be made only in the judgment on the merits.

The  prosecution  service  further  stated  that  the  judicial  review  of  such  an  Order  by  the  Court  of
Cassation could only concern cases of interpretations that were manifestly “arbitrary or implausible”.

Still in Italy, giving judgment in Case 10452 on 19 July 2002,60 the Court of Cassation rules on the
jurisdiction of the Community courts in the event of a Member State violating one of the fundamental
rights  enshrined  in  the  European  Human  Rights  Convention  (“ECHR”).  The  national  dispute

58

59

60

Cases C-243/01 Gombelli and C-359/02 Lanzotti pending.
Foro italiano 2002, I, Col. 3090.
Foro italiano 2002, I, Col. 2607.

                                                
concerned  a  measure  applying  a  vincolo  paesaggistico  (restriction  imposed  by  countryside
conservation rules) as provided for by decree 490 of 29 October 1999. The applicant pleaded a la
violation of the fundamental right of property ownership in Article 1 of Protocol No 1 to the ECHR
and sought annulment of a judgment given by the Court of Appeal for failure to refer to the Court of
Justice the question of the compatibility of the national rules with that provision of the ECHR.

The Court of Cassation dismissed this ground of the appeal, holding that, although Article 6 of the
Treaty on European Union required the Union to respect the fundamental rights secured by the ECHR,
it could not be interpreted as inserting Community law in compliance with the convention by the
Member States of the Community. Consequently, as the Court of Justice had held in Case C-299/95
Kremzow ([1997] ECR I-2629, judgment given on 29 May 1997), Community law did not give the
Court of Justice jurisdiction to interpret national legislation or, therefore, to declare it contrary to the
ECHR. Its jurisdiction was confined to interpreting acts of the European institutions, the only ones to
which Article 6 of the Union applied.

In the Netherlands, the Benelux Gerechtshof  had before it a request for a preliminary ruling61 on the
concept of notion of “bad faith” by the trademark holder in Article 3(2)(d) of Directive 89/10462 and
Article 4(6) of the Benelux Uniform Law on Trademarks.63 There was no reference to the Court of
Justice even though it has a monopoly of the interpretation of concepts in Community law 64.

Likewise, in a judgment concerning the right of supervision exercised by the Commissariaat voor de
Media over the Luxembourg company RTL/Veronica in the Holland Media Groep SA (“HMG”),
responsible for transmitting RTL4 and RTL5 in the Netherlands, the Raad van State interpreted65
Article  2  of  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, as amended by Directive 97/36/EC,66 without asking the Court of Justice for a preliminary
ruling. The Raad van State, a national court against whose decisions there is no right of appeal, did
not consider the question of the absence of reasonable doubts as to the interpretation of this provision
of Community law.67

Again in the Netherlands, in a judgment given on 24 July 200268 concerning the direct effect of a
Directive,  the  Raad  van  State  considers  a  question  on  which  it  had  already  put  questions  for

61

62

63

64

65

66

67

68

Benelux Gerechtshof, 24 June 2002, IER 2002, p. 311, and Hoge Raad 22 June 2001, NJ 103.
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, p. 1.
See also Article 51(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade
mark, OJ L 11, p. 1.
Judgment of 4 November 1997 Case C-337/95 Parfums Christian Dior v Evora [1997] ECR I-6013.
Afdeling  bestuursrechtspraak  Raad  van  State,  RTL/Veronica,  Holland  Media  Group  SA  and  CLT-UFA
SA/Commissariaat voor de Media, AB Rechtspraak Bestuursrecht 2002, 5.
The  Raad  van  State  held  that  HMG,  as  the  company  responsible  for  broadcasting  RTL4  and  RTL5  in  the
Netherlands,  should  under  Article  2(3)(a)  of  the  directive  be  under  supervision  by  the  Dutch  authority  (
“Commissariaat voor de Media”) rather than the Luxembourg authority (ground 2.6.4 of the judgment).
The Raad van State interpreted a provision of Community law imposing binding legal requirements on the
Commissariaat voor de Media.
Raad van State, afdeling bestuursrechtspraak, Judgment of 24 July 2002, Vereniging X. e.a./Burgemeester en
Wethouders van Ede, Milieu en Recht 2002, Jur. p. 329-331.

                                                
preliminary rulings in another case69 (necessary to settle that case), withour awaiting the reply from
the Court of Justice in the first case.

In our last Netherlands case, the Hoge Raad, giving judgment after the Court of Justice had answered
the questions put to it by way of preliminary ruling, put a fresh, similar question to the Court of Justice
by order made on 18 October 2002.70

Second question

In Spain, the Audiencia Nacional71 followed Francovich and Brasserie du Pêcheur/Factortame in a
case  concerning  complaints  by  several  people,  most  of  them  nationals  of  other  Member  States,
following loss sustained as a result of Spain’s delay in transposing Directive 94/47 on the protection
of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use
immovable properties on a timeshare basis.72

citing  Francovich,73  Haim 

The Audiencia Nacional proceeds from decision given by the Court of Justice on the general principle
of the liability of public authorities in the Member States in the event of a violation of Community
II,74  Brasserie  du  Pêcheur/Factortame,75  British
law, 
Telecommunications,76  Hedley  Lomas,77  Dillenkofer78  and  Norbrook  Laboratories.79  Relying  on
Norbrook Laboratories, it enumerates the three conditions on which liability depends: “the rule of
Community law infringed is intended to confer rights on individuals, the breach is sufficiently serious
and there is a direct causal link between that breach and the damage sustained by the individuals
concerned”. The judgment went on to analyse the presence of the three conditions in the instant case.
It  concluded,  first,  that  there  was  a  violation  of  Community  law  by  the  Spanish  State,  since  the
transposal of Directive 94/47 by the Act of 15 December 199880 was not performed within the thirty
months  allowed  by  the  Directive.  Second,  the  purpose  of  the  Directive  was  to  confer  rights  on
individuals, and such was the case of the right to withdraw from a contract and the rights flowing from
the prohibition of advance payments before the time allowed for withdrawal. Third, there was a direct
causal link between the loss suffered and the national law applicable at the material time which, by
failing to secure those rights, made it impossible to exercise them. Lastly, since the defendant authority

69

70

71

72

73

74

75

76

77

78

79

80

Raad van State, afdeling bestuursrechtspraak, Judgment of 27 March 2002, JM 2002, 76. Landelijke Vereniging
tot Behoud van de Waddenzee et Nederlandse Vereniging tot Bescherming van Vogels, C-127/02, pending.
Stichting Goed Wonen/Staatssecretaris van Financiën, Beslissingen in belastingzaken 2002, 397. “Goed Wonen”,
C-376/02, pending.
Audiencia Nacional, Sala de lo Contencioso-Administrativo, Judgment of 7 May 2002, recurso contencioso-
administrativo nº 365/2001 (RJCA 2002/634).
OJ L 280, p. 83.
Judgment of 19 November 1991 Cases C-6/90 and C-9/90, Francovich and Bonifaci v Italy [1991] ECR I-5357.
Judgment of 4 July 2000 Case C-424/97 Haim [2000] ECR I-5123.
Judgment of 5 March 1996 Cases C-46/93 and C-48/93 Brasserie du Pêcheur/Factortame [1996] I-1029.
Judgment of 26 March 1996 Case C-392/93 British Telecommunications [1996] ECR I-1631.
Judgment of 23 May 1996 C-5/94 Hedley Lomas [1996] ECR I-2553.
Judgment of 8 October 1996 Cases C-178/94, C-179/94, C-188/94, C-189/94 and C-190/94 Dillenkofer [1996]
ECR I-4845.
Judgment of 2 April 1998 Case C-127/95 Norbrook Laboratories [1998] ECR I-1531.
Ley 42/1998, 15 December, sobre derechos de aprovechamiento por turno de bienes inmuebles de uso turístico
y normas tributarias (BOE 16-XII-1998).

                                                
had acknowledged its liability in the course of the proceedings, the Audiencia Nacional wasted no time
on the question.

The Audiencia Nacional then considered the procedural conditions for a finding of State liability.
Citing Francovich, Norbrook Laboratories et Haim II, it held that the State must compensate for
losses under national law governing liability in conditions that must not be less favourable than those
applicable in the event of purely domestic disputes and could not be adjusted to make it extremely
difficult or indeed virtually impossible to obtain compensation. In Spanish law, the framework was
supplied  by  Article  106(2)  of  the  Constitution,  which  conferred  on  individuals  the  right  to  be
compensated for loss caused to their property or entitlements by public authorities. Title X of Act
30/1992 of 26 November81 and sections 145.2 and 4.2 of Royal Decree 429/1993 of 26 March 199382
provide for a one-year period for the commencement of a civil action against the Staten running from
the date when the harmful act occurs or its effects become apparent.

As  regards  the  date  on  which  time  begins  to  run,  the  Audiencia  Nacional  concludes  from  the
applications that the loss flowed from the signing of the timeshare acquisition contracts without the
acquirers being given the rights conferred by the Directive, in particular the right to reimbursement
of  advance  payments,  the  amount  of  which  was  what  the  action  concerned.  The  judgment  then
considers the situation of the twenty-five applicants one by one on the basis of the date when the
contracts were signed, concluding that only seven had brought their action within the time allowed and
dismissing the rest.

Lastly the Audiencia Nacional dismisses the defence plea from the defendant  administration that
liability  should  be  shared  between  the  State  and  the  sellers,  halving  the  authorities’  share  of  the
compensation payable. It emphasises that the avowed purpose of the Directive was to prevent sellers
from demanding advance payments from buyers. As for the payment of interest, the judgment proceeds
from the restitutio in integrum principle that governs State liability and declares it payable.

In two other judgments concerning transfers of civil service pension entitlements to the Community
scheme, however,83 the Tribunal Supremo did not hold the public authorities liable for their violation
of Community law.

In the first of these cases,84 Community officials with Spanish nationality who had previously been
civil servants in Spain had unsuccessfully asked  the Council of Ministers to transfer the actuarial
equivalent of their pension rights (“derechos pasivos”). The basis for their application was in Article

81

82

83

84

Ley  30/1992,  26  November,  de  Régimen  Jurídico  de  las  Administraciones  Públicas  y  del  Procedimiento
Administrativo Común (BOE 27-XI-1992).
Real  Decreto  429/1993,  26  March,  por  el  que  se  aprueba  el  Reglamento  de  los  Procedimientos  de  las
Administraciones Públicas en materia de Responsabilidad Patrimonial (BOE 4-V-1993).
Tribunal  Supremo,  Sala  de  lo  Contencioso-Administrativo,  Sección  7.ª,  judgments  of  26  July  2002  and  3
December 2002, recursos contencioso-administrativos nº 223/1998 and 419/2000, published on the courts service
website  at  http://www.poderjudicial.es/tribunalsupremo;  the  second  judgemtn  is  also  published  in  la  Ley,
21.1.2003 marginal 229.
The subject-matter of this case is identical  to  the  Judgment  of  Tribunal  Supremo,  Sala  de  lo  Contencioso-
Administrativo,  Sección  7.ª,  23  July  2001  (recursos  contencioso-administrativos  nº  551/1997,  593/1997  y
223/1998, acumulados, RJA 2001/6922). The judgment of 26 July 2002 expressly states that it is taking over the
same argumentation.

                                                
11(2)  of Annex VIII  to the Staff Regulations  of  officials  of  the  European  Communities.85  In  the
alternative they applied for the State to be held liable for violation of Community law in connection
with the loss caused by failure to transfer their entitlements to the Community scheme. The Court of
Justice,  incidentally,  had  already  given  judgment  against  Spain  for  failure  to  take  the  necessary
measures to allow the transfers.86

The Tribunal Supremo acknowledged the applicants’ right to have their pension rights transferred and
accordingly accepted the principal claim. But it dismissed the application for compensation on the
ground  that  the  legislative  procedure  required  for  the  transfers  had  been  completed  during  the
proceedings.87 The Tribunal Supremo held that the delay in enacting the legislation had not made the
transfers impossible and did not therefore constitute an actionable omission. But if the delay in the
transfers were to cause a future loss of pensions payable to those concerned, the State could be held
liable  for  failure  to  meet  its  obligations  under  Community  law.88  The  same  reasoning  is  used  to
dismiss the request for compensation for the impossibility of exercising the right to apply for early
retirement on account of the delayed transfer of pension rights. The Tribunal Supremo held that this
was a purely contingent right and that the loss materialised only when the right became effective.

Another  action  directly  challenged  a  Royal  Decree  of  30 December  1999  approving  the  pension
transfer system and applied for compensation for violation of Community law. After dismissing the
grounds pleaded in support of the allegation of illegality motifs of the decree, the Tribunal Supremo
also dismissed the application for compensation on the basis of the arguments sets out in its previous
judgments.89

In France, in a dock dues case, the Commercial, Financial and Economic Chamber of the Court of
Cassation  had  before  it  an  application  from  a  company,  Peynoird,  for  compensation  for  the  loss
sustained by reason of sums wrongly charged in terms of Community law.90

The  applicant  had  imported  divers  merchandises  into  Guadeloupe  between  September  1991  and
December 1992, paying dock dues and the additional charge. On the basis of Legros91 and Lancry,92
where the Court of Justice had held that the dock due was a tax having an equivalent effect to a
customs duty incompatible with Community law, Reynoird was applying for repayment of amounts
wrongly charged by the customs administration and for compensation for the loss sustained by reason
of the illegal charge.

85

86

87

88

89

90

91

92

Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 (OJ L 56, p. 1), as last amended by
Regulation (EEC, Euratom, ECSC) No 571/92 of 2 March 1992 (OJ L 62, p. 1).
Judgment of 17 July 1997 Case C-52/96 Commission v Spain [1997] ECR I-4637.
Real Decreto 2072/1999, 30 December, sobre transferencias recíprocas de derechos entre el sistema de
previsión social del personal de las Comunidades Europeas y los regímenes públicos de previsión social
españoles (BOE 18-I-2000).
Such was the case of one of the applicants in the judgment of 23 July 2001, who obtained a statement that the
State was liable and ordered to pay interest on the monthly differences between the pension actually paid and
the pension that would have been paid if Spain had fulfilled its obligation to transfer rights, until he receives the
difference under Royal Decree 2072/1999.
23 July 2001 and 26 July 2002. See footnote 84.
C. Cass. (Chambre commerciale, financière et économique), 22 October 2002, Sté Primistères Reynoird/Direction
générale des douanes et droits indirects de Guadeloupe.
Judgment of 16 July 1992 Case C-163/90 Legros and others [1992] ECR I-4625.
Judgment of 9 August 1994 Cases C-363/93, C407/93 to C-411/93 Lancry and others [1994] ECR I-3957.

                                                
Concerning the application for compensation, note that in Legros the Court of Justice confined its
interpretation within a specific time-frame, holding that the only amounts repayable were those paid
before the date of the judgment, unless a court action had been commenced before then. So it is hardly
surprising  that  the  Court  of  Cassation  held  Reynoird’s  application  inadmissible  as  it  sought  the
repayment of sums paid before 16 July 1992.

But the Court of Cassation is more attentive to the response to the application for compensation for
loss sustained by reason of sums wrongly charged. The possibility of such an action against the State,
first raised in Just,93 was confirmed by the Court following Brasserie du Pêcheur in Comateb.94 The
Court held there that “traders may not be prevented from applying to the courts having jurisdiction,
in accordance with the appropriate procedures of national law, and subject to the conditions laid down
in Joined Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1996] ECR I-1029, for
reparation of loss caused by the levying of charges not due, irrespective of whether those charges have
been passed on”, in particular if it has “had the effect of restricting the volume of imports from other
Member States”. Even if no reference is made to decision of the Community courts either by the Court
of Cassation or by the applicant, the merit of this judgment is that it implies acceptance of the principle
of such an action since the Court of Cassation looks in depth into the conditions for exercising the
right to compensation. But it concludes that the application for compensation must be dismissed as
there was not “at the time when the offending dues were charged, a sufficiently serious violation of
Community law”.95 The Court of Cassation justifies its position on the grounds of  “the uncertainty
as to the legitimacy of the dues ... in relation to Community law”, reflected in the attitude taken by the
Council in Decision 89/688/EEC of 22 December 1989, authorising France to maintain the dock dues
scheme  as  then  in  force  until  31  December  1992.  While  accepting  the  principle  of  actions  for
compensation for loss sustained by reason of a charge wrongly charged, the Court of Cassation gives
a strict interpretation of the concept of serious violation.

Third Question

In  Germany,  le  Bundesgerichtshof,  in  a  case96  turning  on  the  relationship  between  the  Act  on
withdrawal  from  doorstep  contracts  and  similar  transactions97  and  the  consumer  credit  Act,98
interpreted national law in the light of the letter and spirit of the Directives transposed by those Acts
as interpreted by the Court of Justice on 13 December 2001.99 On the consumer credit side German
law provided for a right to withdraw from the debtor-creditor relationship , but no such right was

93

94

95

96

97

98

99

Judgment of 27 February 1980 Case 68/79 Just [1980] ECR 501.
Judgment of 14 January 1997 Cases C-192/95 to C-218/95 Comateb and others [1997] ECR I-165.
According to the Court of Justice (Cases C-46/93 and C-48/93 Brasserie du Pêcheur and Factortame [1995]
ECR I-1029), there are three such conditions: the Community rule must have the purpose of conferring rights
on individuals, the violation must have been serious and there must be a causal link between the violation and
the loss sustained.
Judgment of 9 April 2002, XI ZR 91/99 (“Heininger”), Neue Juristische Wochenschrift 2002, p. 1881 et seq.
Gesetz über den Widerruf von Haustürgeschäften und ähnlichen Geschäften (ci-après: “HWiG”) transposing
Directive 85/577/EEC on contracts negotiated away from business premises.
Verbraucherkreditgesetz (ci-après: “VerbrKrG”) transposing directive 87/102/EEC on consumer credit.
Judgment of 13 December 2001 Case C-481/99 Heininger [2001] ECR I-9945.

                                                
provided for in the event of a credit contract secured on real property.100 Moreover, in the event of a
consumer credit contract, German law also excluded the right to withdraw from doorstep contracts.101
It was consequently possible to find situations – as in the instant case – where the consumer had no
right to withdraw, even if the credit contract was in fact a doorstep contract.

But in that judgment the Court of Justice held that the doorstep sales Directive applied also to a credit
contract secured on real property and that the fact that it was also a consumer credit contract had no
impact on the right to withdraw under Article 5 of Directive 85/557.

In accordance with that judgment the Bundesgerichtshof concluded that, since the VerbRKG did not
offer an equivalent right to withdraw, the right provided for by the HwiG was not excluded, even if
the contract was one to which the VerbrKrG applied. The Bundesgerichtshof based its conclusion on
the  fact  that  the  wording  of  the  relevant  provision102  was  open  to  interpretation.  The  legislative
intention, which according to the explanatory memorandum accompanying the Bill in Parliament was
to confirm the primacy of the VerbrKrG, did not prevent this. Accepting the contrary hypothesis would
be tantamount to supposing that the legislative intention was to deliberately breach the directive.
Although the material scope of the HWiG was broader than that of the directive and the relevant
provision was not confined to doorstep contracts nut extended to all contracts signed subsequently
under the influence of doorstep techniques, the Bundesgerichtshof refused to confine its interpretation
to situations covered by the directive. The Bundesgerichtshof held that such a split interpretation wuld
violate the principle of equal treatment.

In our last German case, the Bundesfinanzhof, departing from a long line of cases,103 rejected the tax
authorities’ practice of applying tougher conditions for tax deductibility of expenditure on language
courses abroad than for courses in Germany. The Bundesfinanzhof, stating that the decision was the
direct result of applying Community law, followed the decisions of the Court of Justice without feeling
an y need to seek a preliminary ruling. The applicant, a commercial agent acting for a trading firm that
also had business on the French and English (sic) markets, followed a French language course in
southern France. He put the course down as professional expenditure on his annual income tax return.
But the tax authorities, in accordance with their regular practice, refused to allow the deduction of the
cost  of  the  French  course  as  professional  expenditure.  Given  the  general  context  of  the  trip,  in
particular the fact that the course was abroad, the authorities argued that the trip was not a study trip
for business purposes. But the Bundesfinanzhof held that the expenditure could not be disallowed
merely  because  the  course  was  organised  in  another  EU  Member  State.  The  mere  fact  that  the
applicant followed a language course in another Member State although it was possible to do so nearer
home within the Member State is not in itself sufficient to make the trip a private one.

In Austria, a case in the Verwaltungsgerichtshof104 concerned the administrative authorisation for

100

101

102

103

104

See section 3(2)(2) of the VerbrKrG, now section 491(3)(1) of the Civil Code. This provision was repealed by
 an Act of 23 July 2002 (Bundesgesetzblatt 2002 I, Nr. 53, p. 2850 et seq.) following controversy provoked by
“Heininger” in the Court of Justice and the Bundesgerichtshof.
See section 5(2) of the HWiG, now section 312b of the Civil Code. This provision was amended in lione with
the judgment of the Bundesgerichtshof Heininger by the Act of 23 July 2002.
Section 5(2) of the HWiG. XSee also footnote 101.
Bundesfinanzhof, Judgment of 13 June 2002, VI R 168/00, Finanz-Rundschau Ertragsteuerrecht 2002, p. 1231
et seq. = Internationales Steuerrecht 2002, p. 776 et seq.
VwGH, Judgment of 27 June 2002, 99/10/0159.

                                                
extension  of  a  golf  course  neighbouring  a  zone  protected  by  both  national  and  Community  law
(“NATURA 2000 “) inhabited by certain species, including the corncrake, protected by Directive
92/43/EEC  on  the  conservation  of  natural  habitats  and  of  wild  fauna  and  flora  and  Directive
79/409/EEC on the conservation of wild birds. The relevant authority based its authorisation decision
primarily on the expert opinions and advice supplied by the applicants to show that the obligations
imposed  were  adequate  to  protect  the  corncrakes’  nesting  areas.  The  appeal,  brought  by  the
Landesumweltanwalt (Environment Commissioner), procedure first from the failure to run an impact
assessment procedure as provided by the directives and national law. Second, it complained of the
mere reproduction expert advice without official reactions.

The Verwaltungsgerichtshof relied on a series of judgments of the Court of Justice relating to Article
4 of Directive 79/409 holding that the relevant areas of land, even if not formally declared to be
“special protection areas” by the Member State, were eligible for protection under the directive as
“actual protection areas”. It recalled that the Court of Justice has developed of the principle that the
interpretation of national law, whether dating from before or after the adoption of the directive, must
be as far as possible in conformity with the wording and purpose of the directive so as to attain its
objectives. The relevant authority should have based its decision on Article 4 of Directive 92/43 and
checked whether the relevant piece of land was within the definition of “actual area” with all the
consequences that that entailed. As the facts had not been proved, the Verwaltungsgerichtshof annulled
the decision for violation of procedural rules.

In Belgium, a case in the Arbeidshof Antwerpen105 concerned the pension of a married employed
person who had worked in the Netherlands and then Belgium subject to the pensions scheme operating
in each of those countries.  When he reached retirement age  in Belgium in 1993, he was  given a
pension by the Office national des pensions, the amount being calculated in accordance with section
3(1)(a) of the Belgian Pensions Act.106 The Dutch Sociale Verzekeringsbank also awarded him a
retirement pension plus an additional amount on the ground that his wife, a housewife, was not yet of
statutory retirement age.

In  1994,  his  wife  reached  the  age  of  65  and  was  eligible  for  a  retirement  pension  under  Dutch
legislation. The award of this pension generated a cut in the husband’s Dutch pension by an amount
equivalent to his wife’s pension and a cut in the Belgian pension under section 3(1)(a) and 8 of the
Act. These provisions provide for a reduction in the amount of the pension to reflect the pension paid
to the spouse by a scheme in another Member State.  Paragraph 8 further provides that the fact that one
of the spouses enjoys one or more retirement or survivor’s pensions from a foreign country’s scheme
does not preclude the other spouse from receiving a retirement pension calculated as provided by
paragraph 1(1)(a), provide the aggregate amount of the pensions of the first conjoint is less than the
difference between the amounts of the retirement pension of the other spouse, calculated in accordance
with paragraph 1(1)(a) (worker whose spouse does not receive a retirement pension) and paragraph
1(1a)(b) (other cases).107

Given the reduction in the pensions payable to the spouses as a result, the Arbeidshof Antwerpen felt

105 
106

107

Arbeidshof Antwerpen, 4e kamer, Judgment of 7 February 2002, A.R. 960218.
Act of  20 July 1990 establishing a flexible retirement age for employed persons and adapting their pensions to
general prosperity (Moniteur belge, 15 August 1990).
In case a), the real gross income taken into account for pension purposes is as to 75%, whereas in case b), it is
as to 60%.

 
                                                
the need to ask the Court of Justice for a ruling on their conformity with Article 48 of the EC Treaty
(now Article 39 EC). The Court of Justice held108 that where the competent authorities of a Member
State apply a provision of law which 1º fixes the amount of the retirement pension awarded to a
married worker (such is the case of section 3(1)), 2º provides for that pension to be reduced, by the
amount of a pension awarded to his spouse under the scheme of another Member State (such is the
case of section 3(1) and (8)), but 3º provides for the application of a derogating clause in respect of
overlapping where the pension paid elsewhere is less than a certain amount (such is the case of section
3(8)), it is contrary to Article 48 of the EC Treaty (now, after amendment, Article 39 EC) for those
authorities to reduce the amount of the pension awarded to a migrant worker by the amount of a
pension awarded to his spouse under the scheme of another Member State, when the grant of that latter
pension  does  not  involve  any  increase  in  the  couple's  total  income.  The  Arbeidshof  Antwerpen
concluded that the Office national des pensions could not withdraw or reduce the husband’s pension
in accordance with section 3(1) and (8).

Another case in the Belgian Court of Cassation109 concerned a rental contract between the European
Community and Zurich concerning taxes on a building in Brussels. In 1988, the two parties signed a
lease whereby the former agreed to rent property belonging to the latter. A clause in the lease provided
for all taxes levied or to be levied on the property would be borne by the lessee. An Order made by
the Region of Brussels-Capital on 23 July 1992 imposed a tax on buildings used for non residential
purposes.  Commune  Regulations  provided  for  taxes  payable  by  the  lessor  on  office  space.  The
company (Zurich) asked the lessee to reimburse the regional and commune taxes. The Community
refused to reimburse as the Order and regulation were incompatible with Article 23 of the Vienna
Convention of 18 April 1961 on diplomatic relations, Article 28 of the Treaty establishing a Single
Council and a Single Commission of the European Communities and Article 3 of the Protocol on the
Privileges and Immunities of the European Communities annexed to the Treaty of 8 April 1965. The
European Community accordingly asked for the following question to be referred to the Court of
Justice  for  a  preliminary  ruling:  must  Article  28  of  the  Treaty  and  Article  3  of  the  Protocol,  in
conjunction if appropriate with Article 23 of the Vienna Convention, be interpreted as meaning that
they prohibit the adoption of national legislation or other national provisions establishing a direct tax
which appears to be chargeable on persons who contract with legal persons governed by international
law (such as the European Community) but which in reality has the object or effect of causing legal
persons governed by international law (such as the European Community) to bear the actual burden
of the tax. The European Community then argued that the Order of the Region of Brussels-Capital and
the Commune Regulation violated the principle of the performance of international treaties in good
faith pursuant to Article 26 of the Vienna Conventions of 23 May 1969 and 21 March 1986 on the law
of treaties. And it submitted that, even if the transfer of the obligation to pay the tax in the form of an
additional  rental  charge  was  based  on  a  contract  governed  by  private  law,  the  contract  clause
concerned an illegal tax that was contrary to overriding rules of public policy and that a contract
generating an obligation contrary to overriding rules of public policy or based on an illicit cause could
not be enforced.

The Court of Cassation held that the request for reimbursement of the tax was based solely on the
relevant clause in the lease and that the judgment against which the appeal was brought, giving Zurich
the  right  to  reimbursement,  did  not  apply  the  Order  and  Regulation.  It  accordingly  rejected  the
European Community’s argument on grounds unrelated to provisions that might have been the subject

108

109

Judgment of 26 September 2000 Case C-262/97 Engelbrecht [2000] ECR I-7321.
C.Cass. (Belgium), 1ère chambre, Judgment of 1 March 2002, Larcier - Cassation 2002 nº 1002 (résumé).

 
                                                
of the preliminary ruling and decided not to make the reference. Moving on to the validity of the
clause in issue, it held that there was no violation of Article 23 of the Vienna Convention as the
exemption in that Article was for the benefit of an accrediting State or head of mission, which was not
the lessee’s case. As for the Order of the Region of Brussels-Capital, the Court of Cassation held that
this legal instrument, which had neither the object nor the effect of shifting the burden of the relevant
tax on to the European Community, was not contrary to the immunities it enjoyed in direct tax matters
under  Article  3  of  the  Protocol  on  the  Privileges  and  Immunities  of  the  European  Communities
annexed to the Treaty of 8 April 1965.

The Court of Cassation accordingly rejected the European Community’s appeal, the Community being
therefore obliged to reimburse the amounts paid by Zurich by way of local and regional taxes.

In Spain, three judgments of the Tribunal Supremo in similar cases110 interpreted and applied les
Articles 3 and 8(1)(B)(iv) of Regulation No 1224/80 on the valuation of goods for customs purposes
111 and annulled the judgments given by the Audiencia Nacional. The Spanish customs administration
had considered that, for the determination of the valuation for customs purposes of certain goods
imported by two Spanish companies from their Dutch holding companies between 1989 and 1992,
payments for research costs flowing from a contract for general services between the subsidiaries and
the holding company should be added to the price actually paid. These decisions were confirmed by
the Audiencia Nacional. The Tribunal Supremo held that charging costs of “engineering, development,
artwork,  design  work,  and  plans  and  sketches  undertaken  elsewhere  than  in  the  Community  and
necessary  for  the  production  of  the  imported  goods”,  prescribed  by  Article 8(1)(B)(iv)  of  the
Regulation, was possible only if the work was undertaken elsewhere than in the Community as the
Regulation  expressly  provided.  Since  the  holding  company  was  in  the  Community,  the  Tribunal
Supremo held that it was not possible to add research costs to the price actually paid.

A minority opinion written by one of the members of the chamber in one of the cases pointed out that
Regulation No 1224/80 was not yet applicable in Spain at the material time. Under Articles 31 to 51
of the Act of Accession of Spain, import customs duties were abolished with effect from 1 January
1993. During the period between then and the date of accession, the earlier provisions on trade with
third  countries  continued  to  apply  for  the  determination  of  the  value  for  customs  purposes.  The
customs territorial was defined by existing agreements between Spain and the European Community
 in force on 31 December 1985. The relevant national provision was accordingly the GATT Code on
value for customs purposes of 12 April 1979, whereby it would  be necessary to add to the  price
actually  paid  the  of  engineering  and  design  work  “undertaken  elsewhere  than  in  the  importing
country”, including work undertaken in the Netherlands.

The  Tribunal  Supremo  also  heard  an  action  challenging  a  judgment  upholding  a  decision  of  the
customs administration. The decision determined the value for customs purposes of certain goods
bought by a Spanish firm from a French company in the same group on the basis not of the transaction
value as defined by Article 3(1) of Regulation No 1224/80,112 which consists of the price actually paid,

110

111

112

Tribunal Supremo, Sala de lo Contencioso-Administrativo, Sección 2.ª, 11 December 2001, 19 December
2001 and 6 March 2002, recursos de casación n.º 4882/1996, 5628/1996 and 822/1997, respectively (RJA
2002/4089, 2002/4090 et 2002/3428).
Council Regulation (EEC) No 1224/80 of 28 May 1980 on the valuation of goods for customs purposes, OJ L
134, p. 1.
Council Regulation (EEC) No 1224/80.

 
                                                
but of the transaction value charged in the event of sales between buyers and sellers not belonging to
the same group of companies, in accordance with Article 2(3) of the Regulation. The latter provision
allows the value to be determined “using reasonable means” if it is not possible to determine it by the
means prescribed by Articles 4 to 7 of the Regulation. By judgment given on 10 May 2002113 the
Tribunal Supremo held that whether the transaction value declared by the applicant was “acceptable
for customs purposes” was a question of fact, the burden of proof being on the administration. Since
there was no specific reference to this fact in the judgment appealed against and the only argument
raised by the administration for rejecting as unacceptable the transaction value lay in the corporate
links between buyers and sellers, the Tribunal Supremo annulled the judgment and the decision by the
customs administration. This position was adopted despite the clear drafting of Article 3(2)(b) of the
Regulation, whereby “in a sale between related persons, the transaction value shall be accepted and
the goods valued in accordance with paragraph 1 whenever the importer demonstrates that such value
closely approximates to one of the following ...” - the reference being to the criteria provided for by
 Articles 4 to 7, and Article 3(2)( c), which adds that the  criteria are to be used “at the initiative of the
importer”.

In France, the Renie case114 gave the Council of State an opportunity to record a violation of the
Community principle of free movement of workers enshrined in Article 39 EC. The case focused on
a provision of the Social Security Code. The Social Security (Miscellaneous Financial Measures) Act
of    28  December  1979  provided  for  a  health-care  insurance  contribution  levied  on  all  basic  or
supplementary pensions, wherever the pensioner resided (section L 241-2 of the Social Security Code).
Where a worker  had  been  employed  in  France  but  retired  in  another  Member  State  and  was  not
covered by a compulsory health-care insurance scheme in France, the effect was to cut the retirement
pension by the amount of the contribution without any health-care benefits being available in return,
this being the kind of anomaly that would deter a worker from going to work in France.

Eighteen years later, the Social Security (Finance) Act for 1998 (19 December 1997) repeated the
provision. It laid down specific rates of health-care insurance contribution for persons not resident for
tax purposes in France and covered by a compulsory health-care insurance scheme in France (section
L. 131-7-1 of the Social Security Code); the status quo is maintained for non-resident pensioners not
covered by a compulsory scheme.

The  contribution  rates  are  determined  by  decree:  1%  for  supplementary  retirement  pensions  for
persons not covered by a compulsory health-care  insurance scheme  in  France,  wherever they are
resident for tax purposes; 3.8% for non-residents covered by a compulsory scheme (section D. 242-8
of the Social Security Code).

Mr Renie, former manager in a firm at Le Havre, decided in 1999 to retire to Hastings, in the United
Kingdom, fell victim to this arrangement. The applicant, who received a pension from the general
social security scheme and a supplementary pension, saw his pension cut by 3.8% on the basis of
section D. 242-8 of the Social Security Code. He applied for annulment of the decision by the Minister
of Employment and Solidarity implicitly refusing to repeal the section imposing a contribution for
health-care, maternity, invalidate and death cover of 3.8% or 1% on retirement benefits other than
those paid from the general scheme to persons not resident in France.

113

114

Tribunal Supremo, Sala de lo Contencioso-Administrativo , Sección 2.ª, Judgment of 10 May 2002, recurso de
casación nº 740/1997 (RJA 2002/5527).
C.E., 3 April 2002, Rev. de jurisp. sociale 2002, p. 777-778.

                                                
The issue before the Council of State was the compatibility of these two rates of contribution with the
Community principle of free movement of workers.

Regarding  the  3.8%  contribution  levies  on  supplementary  retirement  pensions,  it  dismissed  the
applicant’s argument based on violation of the equal treatment principle. It held that, the contribution
borne mainly by persons not actually resident in France and not resident there for tax purposes and set
at a rate 2.8 points higher than the contribution payable by persons resident for tax purposes in France
for the same benefits, the difference in treatment, not based directly or indirectly on nationality, was
justified by the fact that persons resident for tax purposes in France were required to pay the general
social contribution. The purpose of the higher rate for non-residents was to restore equality.

Regarding the 1% contribution levied on retirement benefits other than those paid by the general social
security scheme to persons not resident for tax purposes in France and not covered by a compulsory
health-care  insurance  scheme  in  France,  the  Council  of  State  accepted  Mr  Renié’s  arguments.
Following the submissions of the Advocate-general, it held that requiring the contribution to be paid
by persons receiving retirement benefits paid by reason of earlier employment in France who have
decided  to  retire  to  another  Member  State  of  the  European  Community  and  therefore  cannot  be
covered by a compulsory health-care insurance scheme in France  and are ineligible for the benefits
financed by the contribution, constitutes a barrier to the free movement of workers, contrary to Article
39 EC.

In another French case, Griesmar, the Council of State gave judgment on 29 July 2002,115 complying
strictly with the preliminary ruling given by the Court of Justice on 29 November  2001116 on its
reference of 28 July 1999.

The case focused on section L. 12)(b) of the Civil and Military Retirement Pensions Code, which
allows  a  one-year  bonus  in  pensionable  years  of  service  for  each  child,  payable  to  “female  civil
servants”.  In  the  preliminary  ruling  of 29 November 2001,  the  Court  of  Justice,  after  stating
unequivocally that the French pension scheme was within the scope of Article 119 of the  Treaty
establishing the European Economic Community, now Article 141 EC, held that, despite Article 6(3)
of the Agreement annexed to Protocol 14 on Social Policy annexed to the Treaty on European Union,
the principle of equal pay precluded a bonus for the calculation of pension entitlements of persons who
have brought up children being reserved for women whereas men who had brought up their children
were excluded.

The Council of State accordingly held in Griesmar that the relevant provision of the Civil and Military
Retirement Pensions Code was incompatible with the equal pay principle laid down by the Treaty
establishing the European Community and the Agreement annexed to Protocol 14 on Social Policy
annexed to the Treaty on European Union.117 Consequently it held that the decision  whereby  the
Minister of Economic and Financial Affairs and Industries refused to allow Mr Griesmar entitlement
to  the  additional  pensionable  years  provided  for  by  section  L.  12)(b)  of  the  Civil  and  Military

115

116

117

C.E., 29 July 2002, Dalloz 2002, p. 2832.
Judgment of 29 November 2001 Case C-366/99 Griesmar [2001] ECR I-9383.
Article 6(3) of the agreement provides that a Member State may take measures to facilitate the exercise of
professional activity by women or to prevent or offset their career disadvantages. Assessed on this basis, the
additional amount could easily be regarded as justified in terms of the equal pay principle.

 
 
                                                
Retirement  Pensions  Code,  even  though  he  could  show  that  he  had  brought  up  his  children  was
unlawful  and  that  the  applicant  was  entitled  to  have  it  the  Order  of  1  July  1999  disallowing  the
entitlement annulled.

Griesmar this confirms, albeit implicitly, that retirement pensions are to be treated in the same way
as wages and salaries; it also recalled that the equal opportunities principle applied to both women and
men. Two months earlier, on 5 June2002, the Council of State had taken the same line in Choukroun.

Mr  Choukroun’s  wife  was  a  policewoman  responsible  for  speed  checks  on  the  Paris  boulevard
périphérique; she was shot dead while on duty on 20 February 1991. The applicant’s request for a
widower’s reversionary pension was rejected on the basis of section L. 50 of the Civil and Military
Retirement Pensions Code, which provides that the pension entitlement of a female civil servant is
suspended as long as there is an orphan receiving a reversionary pension available immediately, and
is until the orphan has reached the minimum pensionable age, generally 60. Sections L. 38 et seq. of
the Code do not preclude immediate entitlement to a reversionary pension where the surviving spouse
is a woman, even if there is an orphan.

Mr  Choukroun  therefore  pleaded  the  incompatibility  of  section  L.  50  of  the  Civil  and  Military
Retirement Pensions Code with Article 141 EC, on the ground that there were unwarranted differences
in the conditions  for  eligibility  for a reversionary pension  depending on the sex  of  the  surviving
spouse.

As in Griesmar, the Council of State first considered the applicability of Article 141 EC. Considering
that  the  reversionary  pension  scheme  was  not  to  be  distinguished  from  the  general  civil  service
retirement  pensions  scheme,  it  held  that  pensions  paid  under  the  Civil  and  Military  Retirement
Pensions Code, including reversionary pensions, were covered by Article 141 CE.

Secondly, regarding eligibility for reversionary pensions, it held that section L. 50 of the Civil and
Military Retirement Pensions Code contained “discrimination between male and female civil servants,
not justified by any difference in their situation as regards the award of the relevant pensions”. There
was accordingly no basis in law for the refusal to accept Mr Choukroun’s request for the immediate
award of a reversionary pension following his wife’s death.

In Ireland, in Minister for Arts, Heritage, the Gaeltacht and the Islands v. Kennedy,118 the High Court
rejected an application for a permanent injunction prohibiting the execution of work thought to be
about  to  commence  on  a  conservation  site  listed  in  accordance  with  the  European  Communities
(Natural Habitats) Regulations, 1997. These national regulations transposed into Irish law Council
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora (“the habitats directive”).119

The third subparagraph of Article 4(2) of the habitats directive reads: “The list of sites selected as sites
of Community importance, identifying those which host one or more priority natural habitat types or
priority species, shall be adopted by the Commission in accordance with the procedure laid down in
Article 21.” The importance of the list is clear from Article 4(5), which provides: “As soon as a site
is placed on the list referred to in the third subparagraph of paragraph 2 it shall be subject to Article

118

119

[2002] ILRM 94.
OJ L 206, p. 7.

 
 
 
 
                                                
6 (2), (3) and (4).” Article 6(2) requires Member States to “take appropriate steps to avoid, in the
special areas of conservation, the deterioration of natural habitats and the habitats of species as well
as disturbance of the species for which the areas have been designated, in so far as such disturbance
could be significant in relation to the objectives of this Directive”. By Article 6(3), “Any plan or
project not directly connected with or necessary to the management of the site but likely to have a
significant effect thereon, either individually or in combination with other plans or projects, shall be
subject to appropriate assessment of its implications for the site in view of the site's conservation
objectives. In the light of the conclusions of the assessment of the implications for the site and subject
to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project
only after having ascertained that it will not adversely affect the integrity of the site concerned and,
if appropriate, after having obtained the opinion of the general public”.

Section 17 of the national regulations, in terms similar to Article 6(3) of the habitats directive, requires
a proper assessment to be made of the impact on the site of any project not directly related to or
necessary  for  the  management  of  the  site  but  liable  to  significantly  affect  it,  in  the  light  of  the
conservation objectives of the site. If the Minister, having regard to the conclusions of the assessment,
is of the opinion that the plan or project may adversely effect the integrity of the site, he must apply
for an injunction prohibiting it.

The Minister’s application was made under section 17. The court and counsel for the two parties
agreed that, when the Minister applied for the injunction, the relevant conservation site was not on the
Commission list in accordance with the third subparagraph of Article 4(2) of the habitats directive,
the parties proceeding on the basis of the judgment given by the Court of Justice in Case C-67/99
Commission v Ireland ([2001] ECR I-5757), finding that Ireland had not fulfilled its obligations under
the directive. By Article 4(1) these obligations involved transmission of a list of sites indicating which
natural habitat types in Annex I and which species in Annex II that are native to its territory the sites
host. But the court noted that at the time of the application for an injunction, the site was on the list
that  was  to  be  established  by  national  regulations  so  that  it  was  possible  to  issue  the  injunction
accordingly. But it held that the injunction would be possible a proper assessment of the impact of the
plan  or  project  on  the  site,  preferably  an  “environmental  impact  assessment”,  in  the  light  of  the
conservation objectives of the site, even though the Minister had argued that the possibility of applying
for the injunction flowed from the actual directive.

In Ireland also, the applicant in120 challenged Council Regulation (EC) No 894/97 of 29 April 1997
laying down certain technical measures for the conservation of fishery resources.121 But the High Court
was able to decide the case by annulling the Sea Fisheries (Drift Nets) Order, 1998122 for violation of
the first subparagraph of Article 15.2.1° of the Irish Constitution, whereby “The sole and exclusive
power of making laws for the State is hereby vested in the Oireachtas [Parliament]: no other legislative
authority has power to make laws for the State.” The problem was that the Minister had given effect
to  certain  obligations  under  Council  Regulation  (EC)  No  1239/98123  of 8 June 1998,  amending
Regulation (EC) No 894/97 by subordinate legislation and not by Act of Parliament.

Regulation No 1239/98 required measures to be taken in the event of failure  to comply with the

120

121

122

123

High Court, 6 March 2002.
OJ L 132, p. 1.
S.I. 267 of 1998.
OJ L 171, p. 1.

                                                
obligations it imposed. The Regulation was implemented by Ministerial Order, the Sea Fisheries (Drift
Nets)  Order,  1998,  which  created  indictable  offence.  But,  since  section  3(iii)  of  the  European
Communities Act, 1972, enabling Community measures to apply in Irish law, expressly prohibits the
implementation ministerial regulations creating new offences, the Minister issued the Order on the
basis of the Fisheries (Consolidation) Act, 1959. The High Court held that this was not the proper Act
on which to base the enforcement of Community measures. Moreover the use of it as a legal basis
excluded the application of section 4 of the European Communities Act, 1972, which provides for
parliamentary review of instruments transposing Community law. Consequently the transposal of
Regulation  No  1239/98  by  Ministerial  Order  instead  on  Act  of  Parliament  not  only  violated  the
Oireachtas’ monopoly power to make legislation but also contributed to the democratic deficit in the
transposal of Community law.

By Order 135 made on 11 April 2002124 the Italian Constitutional Court dismissed the challenge to
constitutionality of sections 189 and 266 to 271 of the Code of Criminal Procedure, and in particular
section 266 concerning the admissibility of interceptions of conversations or communications, the
question having been referred by the investigating judge at the Tribunal in Alba. The second paragraph
of section 266 expressly excluded the admissibility in evidence of interceptions of communications
between persons in the places specified in section 614 of the Criminal Code, i.e. private dwellings.
This also excluded video recordings in the same places. A special authorisation from the relevant court
was required in accordance with section 189 of the Code of Criminal Procedure.

The question was raised in view of the risk of a conflict between these rules and the principles of non-
discrimination (Article 3 of the Constitution) and the inviolability of the home (Article 14 of the
Constitution).

For its constitutional review of the second paragraph of section 266, the Court began by considering
the question whether interceptions of communications in private dwellings are generally prohibited
by constitutional rules. It held that the second paragraph of Article 14 of the Constitution allows
restrictions to be placed on the principle of the inviolability of the home to allow inspections, searches
and  seizures.  It  therefore  allows  the  possibility  of  intrusions  into  private  dwellings  for  law-
enforcement purposes. The Court also noted that even the principles of the secrecy of communications
and the right to personal freedom, of which the inviolability of the home is a sub-categories, can be
restricted on grounds of public health and public security and economic and tax grounds.

The Court held that the illegality of the restriction on the inviolability of the home was not borne out
by the European Human Rights Convention (Article 8), nor by the International Covenant on Civil and
Political Rights (Article 17), nor by the Charter of Fundamental Rights of the European Union (Article
7 and 52), which, “though not legally binding”, may be taken into by the Constitutional Court since
it expresses principles that are common to the legal systems of Europe.

On the other hand the Constitutional Court held that it was not possible to make exceptions from the
principle that video recordings in private dwellings are unconstitutional when they do not concern
communications between persons. In such cases, the only factor that is relevant is the intrusion in the
home and therefore the restriction of the right to inviolability. But even if both the freedom of the
home  and  the  freedom  of  communication  –  as  also  secured  by  the  European  Convention,  the
International Covenant and the Charter of Fundamental Rights of the European Union – are both

124

GURI 2002. SS, Edit. strz. p. 26.

                                                
aspects of the general protection of private life, they serve a different purpose. Video recording that
do not concern communications between individuals can therefore be admitted in evidence only if
expressly  provided  for  by  statute.  They  must  be  regulated  by  legislation  in  compliance  with  the
constitutional guarantees of Article 14 of the Constitution.

Still in Italy, in another judgment (No 445 of 24 October -12 November 2002125) the Constitutional
Court refers to the Charter of Fundamental Rights of the European Union as a basis for constitutional
review of an Italian statutory provision allowing only single and widowed persons to sit the entrance
examination for the Guardia di finanza (fraud squad). The Court held that the provision violated the
fundamental  right  to  marry  secured  by  Articles  2  and  29  of  the  Constitution,  Article  16  of  the
Universal Declaration of Human Rights, Article 12 of the ECHR and Article 9 of the Charter of
Fundamental Rights of the European Union.

Hearing a legal aid application,  the Court of Appeal at Rome held, in an Order made on 11 April
2002,126 that the right to legal aid was based not only on the Constitution but also  on the European
Human Rights Convention, whose principles had been received into Community law by Article 6 of
the Treaty on European Union.

It added that the right was secured by Article 47 of the Charter of Fundamental Rights of the European
Union,  which,  even  if  it  was  not  yet  inserted  in  the  Treaties,  was  ‘now  to  be  regarded  as  fully
applicable as a vital point of reference not only for the activities of the Community institutions but also
for courts in European interpreting the law, so much so that it is constantly referred to in instruments
issued by the European institutions and regularly also in submissions by the Advocate-general in the
Court of Justice of the European Communities”.

The Italian Constitutional Court was asked for a constitutional ruling on the first paragraph of section
19 of Decree 688 of 30 September 1982 on the repayment of taxes wrongly charged. The referring
court referred a question on the conformity of the provision with the principle of non-discrimination
laid  down  by  Article  3  of  the  Constitution  on  the  ground  that,  by  placing  on  applicants  for
reimbursement the burden of proving that the economic loss was not borne by other individuals, the
provision,  applied  only  to  domestic  taxes  and  not  to  those  provided  for  by  Community  law.  By
judgment No 332 given on 1 July 2002,127 the Constitutional Court answered the question in the
affirmative since, for taxes contrary to Community law, section 29 of Act 428 of 29 December 1990
placed the burden of  proving their impact  on  other  individuals  on  the  tax  authorities  and  not  on
individuals.

Still in Italy, the Ministry of Finance brought an appeal in cassation against a decision of the Tax
Commission for the Friuli-Venezia Giulia Region confirming the decision of the Tax Commission of
first instance accepting an appeal by two firms. They had challenged the authorities’ refusal to allow
them  the  tax  relief  provide  for  by  regional  legislation  following  a  decision  by  the  European
Commission declaring the tax relief incompatible with the common market. By judgment No 17564
given on 20 December 2002,128 the Court of Cassation upheld the Ministry’s appeal. It recalled that,
on the basis of both community and Italian case-law, since the decision contained provisions that were

125

126

127

128

GURI 2002, SS nº 46, p. 15.
Giurisprudenza costituzionale 2002, p. 2221-2224.
Diritto e prattica tributaria 2002 II, p. 1223-1227.
Il fisco: giornale tributario di legislazione e attualità 2002, p. 17800.

                                                
unconditional and sufficiently precise, it had direct effect  and prevailed over instruments of domestic
law. The tax authorities had accordingly been right to apply the Commission decision direct to refuse
to allow the firms the tax relief provided for by the regional legislation providing for state aids that
were incompatible with the common market.

The Court also ruled for the first time on the potential effects of the new Article 117 of the Italian
Constitution on the principles governing the relation ship between domestic and Community law. The
Article provides that “the power to make legislation shall be exercised by the State and the regions in
compliance  with  the  Constitution,  the  obligations  flowing  from  the  Community  legal  order  and
international  obligations”.  The  problem  of  interpretation  that  arose  was  whether  the  reference  to
obligations  of  Community  law  was  a  new  parameter  for  constitutionality  of  national  legislation,
entailing  the  invalidity  of  all  provisions  contrary  to  Community  law  and  the  jurisdiction  of  the
Constitutional Court to rule whether they were or not compatible with Community law. The Court of
Cassation held that, if that interpretation was followed, the structure of the relationship between the
two legal orders would be distorted as, in the event of a conflict between a domestic instrument and
Community law, the courts would always have to put the question constitutionality of the domestic
instrument to the Constitutional Court. That would definitively destroy the primacy of Community law
over Italian law.

In the Netherlands, two judgments given by the Raad van State on 23 October 2002129 concerned
Article 3(4) of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous
substances discharged into the aquatic environment of the Community. It begins by holding that this
is a directly applicable provision. Authorisations to emit substances on the “black list” had been issued
for an unlimited period contrary to Article 3(4) of the directive.

The  Raad  van  State  departed  from  earlier  decisions  concerning  the  direct  effect  of  Community
instruments in a triangular relationship between a public authority, the holder of an authorisation and
a third party. Under those decisions, an administrative must automatically apply the provisions of
Community  directive  that  are  unconditional  and  sufficiently  precise  even  if  they  have  not  been
transposed into domestic law in the time allowed and even if doing so has adverse consequences for
individuals. It now held that such provisions are directly applicable to the detriment of individuals only
if a third party has based a claim directly on them. But there are doubts as to the questions conformity
of  this  position  with  Court  of  Justice  cases  such  as  Fratelli  Constanzo,130  Kraaijeveld,131
Kolpinghuis,132 Busseni 133 and Arcaro. 134

But another judgment, given on 13 November 2002, seems to depart from the new decisions of 23
October 2002135 by holding that “where the conditions in which individuals can plead a directive in

129

130

131

132

133

134

135

Raad van State, afdeling bestuursrechtspraak, A./Dagelijks Bestuur van het Hoogheemraadschap van West-
Brabant,  AB  Rechtspraak  Bestuursrecht  2002,  417  and  A./Dijkgraaf  en  hoogheemraden  van  het
Hoogheemraadschap Amstel, AB Rechtspraak Bestuursrecht 2002, 418.
Judgment of 22 June 1989 Case 103/88 Fratelli Costanzo v Comune di Milano [1989] ECR 1839.
Judgment of 24 October 1996 Case C-72/95 Kraaijeveld  and others [1996] ECR I-5403.
Judgment of 8 October 1987 Case 80/86 Kolpinghuis Nijmegen [1987] ECR 3969.
Judgment of 22 February 1990 Case C-221/88 CECA v Busseni [1990] ECR I-495.
Judgment of 26 September 1996 Case C-168/95 Arcaro [1996] ECR I-4705.
Raad  van  State,  afdeling  bestuursrechtspraak,  A.  Bosscher/Burgemeester  en  Wethouders  van  Lochem,  AB
Rechtspraak Bestuursrecht 2003, 26.

                                                
the national court are met, every public authority must apply such provisions”. This suggests that it
is no longer for a third party to plead the disposition direct.

In the United Kingdom, following the judgment of the Court of Justice in Arsenal Football Club Plc
v Matthew Reed,136 the referring court held137 that the Court had acted ultra vires and that there was
therefore no need to follow its decision. The case concerned a trademark violation. In 1989, Arsenal
Football  Club  registered the  words  “Arsenal”  and  “Arsenal  Gunners”  and  the  cannon  and  shield
emblem as trademarks for a wide range of merchandise. Since 1970 Mr Reed had been selling football
souvenirs and memorabilia that virtually all bore symbols referring to Arsenal at a number of stalls
outside the football  ground. He  informed  his customers that these were  not official souvenirs by
placing a large signboard clearly stating the origin of the products. Arsenal FC criticised Mr Reed for
selling products using symbols identical to those that it  had  registered and launched  a  trademark
violation action. The national court put two questions to the Court of Justice for preliminary rulings
on the interpretation of Community trademark law. The first was whether the holder of a trademark
that has been validly registered may prevent third parties in business life from using that mark on
products that are  identical  to those for  which  the mark was registered where  such  use  entails  no
statement as to the origin of the products. The second concerned the impact on the trademark holder’s
rights of the fact that the general public might perceive the mark as a badge of support for or loyalty
or affiliation to the trademark proprietor.

The Court of Justice recalls that the primary purpose of a trademark is to provide the consumer with
a guarantee as to the true origin of a product or service, allowing him to distinguish it without any risk
of  confusions  from  goods  of  a  different  origin.  The  purpose  of  the  exclusive  nature  of  the  right
conferred  by  the  registered  trademark  on  the  proprietor  under  Article  5(1)(a)  of  Directive
1989/104/EEC to approximate the laws of the Member States relating to trade marks is to protect this
essential function and cannot b justified on any other ground. “The proprietor may not prohibit the use
of a sign identical to the trade mark for goods identical to those for which the mark is registered if that
use cannot affect his own interests as proprietor of the mark, having regard to its functions. Thus
certain  uses  for  purely  descriptive  purposes  are  excluded  from  the  scope  of  Article  5(1)  of  the
Directive because they do not affect any of the interests which that provision aims to protect, and do
not therefore fall within the concept of use within the meaning of that provision”.138

According to Justice Laddie, the Court observed that where it was not the defendant’s intention that
his use of the trademark should be seen as an indication of origin and the use is not so perceived by
the public, there is no infringement. The Court of Justice ought therefore to have answered the first
of the questions referred to it in the affirmative. But it had answered neither in the affirmative nor in
the negative, merely observing that “in circumstances such as those in the present case” the trademark
proprietor could rely on Article 5(1)(a) of the Directive to prevent that use.

Justice Laddie refers to paragraph 61 of the judgment: “Once it has been found that, in the present
case, the use of the sign in question by the third party is liable to affect the guarantee of origin of the
goods and that the trade mark proprietor must be able to prevent this, it is immaterial that in the
context of that use the sign is  perceived as  a badge of support for or  loyalty or  affiliation  to  the
proprietor of the mark.”

136

137

138

Judgment of 12 November 2002 Case C-206/01 Arsenal Football Club [2002] ECR I-10273.
[2002] EWHC 2695 (ch.), ALLER (2003) Vol. I, p. 137-147.
Ibid. point 54.

 
                                                
He considers that the court has come to a finding of fact, namely that use of the sign is liable to affect
the origin of the goods. Examining the words “Once it has been found”, he states that it was the court
that made the finding, contradicting that of the High Court. Concluding that the Court of Justice acted
ultra vires, Justice Laddie held himself not bound by its conclusions. But he did state that has was
bound to follow the Court of Justice’s findings as to the law applicable to the facts as found by the
High Court.

Also in the United Kingdom, in Secretary of State for the Home Department v International Transport
Roth GmbH and others, 139 the Court of Appeal (Civil Division) upheld on appeal a decision of the
High Court that legislation imposing penalties on lorry-drivers transporting illegal immigrants was
contrary to the European Human Rights Convention. But the decision was set aside in so far as it
declared that there was a violation of Community law on the free movement of goods.

To stem the flow of illegal immigration, the British Government enacted the Immigration and Asylum
Act 1999 providing among other things for penalties of £2000 per person to be imposed either on the
owner or on the driver or on any other person involved where illegal immigrants were detected in
lorries. The authorities were given the right to hold the lorry until the fine was paid. There was a right
of objection to the Home Secretary, but the fines were imposed by administrative authorities without
prosecution, the burden of proof being on the carrier. The High Court, in which an action was brought
by fifty or so carriers and drivers challenging the legislation as contrary to the European Human Rights
Convention and Community law on the free movement of goods, accepted their arguments. The Home
Secretary appealed.

On the Community law aspect, la Court of Appeal, by a majority, following the judgment given by the
Court of Justice on 5 October 1994 in C-280/93 Germany v Council [1994] ECR I-4973, expressly
cited, accepted the Home Secretary’s argument  that the potential impact of the fines on  carrier’s
business decisions to reduce their services to the UK or to use different ports or shipping lines was too
indirect and uncertain to be a restriction on intra-Community trade or a measure with equivalent effect.

Regarding the European Human Rights Convention, the Court was not unanimous. Lord Justice Laws
fully accepted the Home Secretary’s arguments but Lord Justice Parker regarded the fines scheme as
unjust on carriers and contrary to Article 6 of the Convention. Lord Justice Brown acknowledged that
the scheme did not directly violate the Convention but that it was unjust on carriers. In any event, the
decision of the court below was upheld on this point.

Lord Justice Simon Brown said: “Difficult and worrying as I have found this case to be, in the last
analysis, affording all such deference as I believe I properly can to those responsible for immigration
control and for devising and enacting the legislation necessary to achieve it, I have come to regard this
scheme as, quite simply, unfair to carriers.”

Also in the UK, in an appeal judgment in the “metric martyrs” case,140 the High Court (Divisional
Court) specified how the implementation and primacy of Community law proceeded for constitutional
purposes in the UK.

139

140

(2002) EWCA Civ 158.
Thoburn v Sunderland City Council; Hunt v Hackney London Borough Council; Harman and others v Cornwall
County Council; Collins v Sutton London Borough Council (2002) CMLR p. 1461-1500.

 
 
                                                
Five traders had been prosecuted for breach of provisions imposing the metric system of weights and
measures. Four of them were prosecuted for offences against the UK legislation, and a fifth failed in
his  application  for  renewal  of  his  licence  to  sell  in  public  markets,  on  the  ground  that  they  all
calculated the prices of their goods (fruit and vegetables, and in one case fish) on the basis of the
imperial system of weights rather than the metric system. The metric system was compulsory in the
UK  under  the  Weights  and  Measures  (Metrication  Amendments)  Regulations  1994,  adopted  to
transpose Directives 80/181 and 89/617.

They challenged the validity of the Regulations, which amended an Act of Parliament, the Weights
and Measures Act 1985. There is  a provision  in the European  Communities  Act  1972  (  “ECA”)
enabling the executive to do this, known as the “Henry VIII clause” after that King’s absolutist habits,
and that was the clause used as a basis for the obligation to use the metric system. They argued that
the Henry VIII clause in the 1972 Act had been implicitly repealed by the 1985 Act.

On the basis of a detailed analysis of the implementation of and compliance with the principle of the
primacy of Community law in the United Kingdom, Lord Justice Laws stated that at common law the
ECA “is a constitutional statute: that is, it cannot be impliedly repealed”. The other arguments –in
particular that the Henry VIII clause could be used solely to make minor amendments – were also
rejected, and the appeals failed.

Lord Justice Laws summed up the relationship between Community law and the law of the United
Kingdom as follows: “(1) All the specific rights and obligations which EU law creates are by the ECA
incorporated  into  our  domestic  law  and  rank  supreme:  that  is,  anything  in  our  substantive  law
inconsistent with any of these rights and obligations is abrogated or must be modified to avoid the
inconsistency. This is true even where the inconsistent municipal provision is contained in primary
legislation. (2) The ECA is a constitutional statute: that is, it cannot be impliedly repealed. (3) The
truth  of  (2)  is  derived,  not  from  EU  law,  but  purely  from  the  law  of  England:  the  common  law
recognises  a  category  of  constitutional  statutes.  (4)  The  fundamental  legal  basis  of  the  United
Kingdom’s relationship with the EU rests with the domestic, not the European, legal powers. In the
event, which no doubt would never happen in the real world, that a European measure was seen to be
repugnant to a fundamental or constitutional right guaranteed by the law of England, a question would
arise whether the general words of the ECA were sufficient to incorporate the measure and give it
overriding effect in domestic law. But that is very far from this case”.