Commission staff working document accompanying the 25th annual report on monitoring the application of community law (2007) - Situation in the different sectors {COM(2008) 777 final} {SEC(2008) 2855}
Date: 2008-11-18
Institutions: European Commission
Subjects: EU control, activity report, application of EU law, national implementing measure

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.11.2008 
SEC(2008) 2854 

COMMISSION STAFF WORKING DOCUMENT 

accompanying the 

25th ANNUAL REPORT  
ON MONITORING THE APPLICATION OF COMMUNITY LAW 
(2007) 

SITUATION IN THE DIFFERENT SECTORS 

{COM(2008) 777 final} 
{SEC(2008) 2855} 

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TABLE OF CONTENTS 

1 

1.1 

1.2 

ENTERPRISE AND INDUSTRY ............................................................................. 16 

General introduction................................................................................................... 16 

Automotive Industry .................................................................................................. 17 

1.2.1  Current position.......................................................................................................... 17 

1.2.2  Changes underway ..................................................................................................... 18 

1.2.3 

Evaluation .................................................................................................................. 18 

1.3 

Chemicals................................................................................................................... 19 

1.3.1  Dangerous substances and preparations..................................................................... 19 

1.3.2 

Fertilizers and detergents ........................................................................................... 20 

1.3.3  Drug precursors.......................................................................................................... 20 

1.3.4  Good laboratory practice............................................................................................ 20 

1.3.5 

Evaluation for chemicals sector ................................................................................. 20 

1.4 

Pharmaceuticals.......................................................................................................... 21 

1.4.1  Current position.......................................................................................................... 21 

1.4.2  Changes underway ..................................................................................................... 23 

1.4.3 

Evaluation .................................................................................................................. 23 

1.5 

1.6 

The Transparency Directive....................................................................................... 24 

Medical devices.......................................................................................................... 24 

1.6.1  Current position.......................................................................................................... 24 

1.6.2  Changes underway ..................................................................................................... 24 

1.6.3 

Evaluation .................................................................................................................. 25 

1.7 

Cosmetics ................................................................................................................... 25 

1.7.1  Current position.......................................................................................................... 25 

1.7.2  Changes underway ..................................................................................................... 26 

1.7.3 

Evaluation .................................................................................................................. 26 

1.8 

Mechanical, electrical and telecommunications equipment....................................... 26 

1.8.1  Current position.......................................................................................................... 26 

1.8.2  Changes underway ..................................................................................................... 27 

1.8.3   Evaluation .................................................................................................................. 27 

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1.9 

Gas appliances, pressure equipment and legal metrology ......................................... 28 

1.9.1  Gas appliances............................................................................................................ 28 

1.9.1.1  Current position.......................................................................................................... 28 

1.9.1.2  Changes underway ..................................................................................................... 28 

1.9.1.3  Evaluation .................................................................................................................. 28 

1.9.2 

Pressure equipment .................................................................................................... 28 

1.9.2.1  Current position.......................................................................................................... 28 

1.9.2.2  Changes underway ..................................................................................................... 29 

1.9.2.3  Evaluation .................................................................................................................. 29 

1.9.3 

Legal metrology ......................................................................................................... 29 

1.9.3.1  Current position.......................................................................................................... 29 

1.9.3.2  Changes underway ..................................................................................................... 30 

1.9.3.3  Evaluation .................................................................................................................. 30 

1.10 

Construction products ................................................................................................ 31 

1.10.1  Current position.......................................................................................................... 31 

1.10.2  Changes underway ..................................................................................................... 31 

1.10.3  Evaluation .................................................................................................................. 32 

1.11 

Textiles/clothing, footwear and wood........................................................................ 32 

1.11.1  Textiles and clothing .................................................................................................. 32 

1.11.1.1 Current position.......................................................................................................... 32 

1.11.1.2 Changes underway ..................................................................................................... 33 

1.11.1.3 Evaluation .................................................................................................................. 33 

1.11.2  Footwear..................................................................................................................... 33 

1.11.3  Wood .......................................................................................................................... 33 

1.12 

Cultural goods ............................................................................................................ 34 

1.13 

Late payment.............................................................................................................. 34 

1.14 

Product liability.......................................................................................................... 35 

1.15 

Non-harmonised area ................................................................................................. 35 

1.15.1  Current position.......................................................................................................... 35 

1.15.2  Changes underway ..................................................................................................... 37 

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1.15.3  Evaluation .................................................................................................................. 38 

1.16 

Preventive rules of Directive 98/34/EC ..................................................................... 38 

1.16.1  Current position.......................................................................................................... 38 

1.16.2  Changes underway ..................................................................................................... 39 

1.16.3  Evaluation .................................................................................................................. 39 

2 

COMPETITION......................................................................................................... 39 

2.1 

Overall introduction ................................................................................................... 39 

2.1.1  Measures in force: ...................................................................................................... 39 

2.1.2  Work done in 2007..................................................................................................... 40 

2.2 

2.3 

2.4 

Financial Transparency Directive .............................................................................. 40 

Non-compliance with Commission decisions on the recovery of State aid............... 40 

Electronic communications........................................................................................ 41 

2.4.1  Current position.......................................................................................................... 41 

2.5 

2.6 

2.7 

3 

Financial services ....................................................................................................... 42 

Energy sector.............................................................................................................. 42 

Overall evaluation ...................................................................................................... 43 

EMPLOYMENT, SOCIAL AFFAIRS AND EQUAL OPPORTUNITIES .............. 43 

3.1 

Free movement of workers and coordination of social security schemes.................. 43 

3.1.1  Current position.......................................................................................................... 43 

3.1.1.1  Existing measures in force ......................................................................................... 43 

3.1.1.2  Report of work done in 2007 ..................................................................................... 44 

3.1.2  Changes underway ..................................................................................................... 45 

3.1.3 

Evaluation .................................................................................................................. 47 

3.2 

Labour Law ................................................................................................................ 49 

3.2.1  Current position.......................................................................................................... 49 

3.2.1.1  Existing measures in force ......................................................................................... 49 

3.2.1.2  Report of work done in 2007 ..................................................................................... 49 

3.2.2  Changes underway ..................................................................................................... 51 

3.2.3 

Evaluation .................................................................................................................. 54 

3.3 

Health and safety at work........................................................................................... 55 

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3.3.1  Current position.......................................................................................................... 55 

3.3.1.1  Existing measures in force ......................................................................................... 55 

3.3.1.2  Report of work done in 2007 ..................................................................................... 55 

3.3.2  Changes underway ..................................................................................................... 57 

3.3.3 

Evaluation .................................................................................................................. 58 

3.4 

Anti-discrimination and gender equality.................................................................... 59 

3.4.1  Current position.......................................................................................................... 59 

3.4.1.1  Existing measures in force ......................................................................................... 59 

3.4.1.2  Report of work done in 2007 ..................................................................................... 59 

3.4.2  Changes underway ..................................................................................................... 61 

3.4.3 

Evaluation .................................................................................................................. 62 

4 

AGRICULTURE AND RURAL DEVELOPMENT................................................. 63 

4.1 

Current position.......................................................................................................... 63 

4.1.1  Report of work done in 2007 ..................................................................................... 65 

4.1.1.1  Actions under Article 226 and 228 EC ...................................................................... 65 

4.1.1.2  Petitions...................................................................................................................... 66 

4.1.1.3  Implementation of the Commission communication on better monitoring of the 

application of Community law COM(2002)725 ........................................................ 66 

4.1.1.4  Technical standards notifications (Directive 98/34/EC) ............................................ 66 

4.1.1.5  Comitology................................................................................................................. 67 

4.1.1.6  Assessment of rural development programs .............................................................. 67 

4.1.1.7  EU 10 and EU 2 enlargement follow-up.................................................................... 67 

4.1.1.8  Conformity clearance ................................................................................................. 67 

4.1.1.9  Simplification............................................................................................................. 69 

4.1.2  Changes Underway .................................................................................................... 69 

4.1.2.1  Recently adopted measures due to enter into force.................................................... 70 

4.1.2.2  New measures due to be adopted ............................................................................... 71 

4.1.2.3  Prioritisation............................................................................................................... 72 

4.1.3 

Evaluation .................................................................................................................. 73 

5 

ENERGY AND TRANSPORT.................................................................................. 73 

5.1 

Current position.......................................................................................................... 73 

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5.1.1 

Existing measures in force ......................................................................................... 73 

5.1.2  Report of work done in 2007 ..................................................................................... 74 

5.1.2.1  Articles 226-228 EC / 141-143 Euratom. "Infringement procedures"....................... 74 

5.1.2.2  National implementing measures............................................................................... 74 

5.1.2.3  Complaints ................................................................................................................. 75 

5.1.2.4  Cooperation with Member States............................................................................... 76 

5.1.2.5  Petitions...................................................................................................................... 76 

5.1.2.6  Parliamentary questions ............................................................................................. 76 

5.1.2.7  Follow-up of enlargement .......................................................................................... 76 

5.1.2.8  Reporting activities .................................................................................................... 77 

5.1.2.9  Report of work done in 2007, by sector..................................................................... 77 

5.1.3  Changes Underway .................................................................................................... 91 

5.1.3.1  Recently adopted measures due to enter into force which may require additional 

work............................................................................................................................ 91 

5.1.3.2  New measures due to be adopted which may require specific implementation / 

transposition work...................................................................................................... 91 

5.1.3.3  Volume of enquiries, complaints, infringements work and petitions, and 

prioritization among them .......................................................................................... 91 

5.1.4 

Evaluation .................................................................................................................. 92 

5.1.4.1  Energy ........................................................................................................................ 92 

5.1.4.2  Transport .................................................................................................................... 96 

5.1.5  Overall conclusion ................................................................................................... 100 

6 

ENVIRONMENT .................................................................................................... 102 

6.1.  

General overview ..................................................................................................... 102 

6.2.  

Analysis by sector .................................................................................................... 104 

6.2.1   Nature Conservation................................................................................................. 104 

6.2.1.1  Current position......................................................................................................... 104 

6.2.1.2 

 Changes underway .................................................................................................. 107 

6.2.1.3  Evaluation of the current position in terms of implementation................................. 108 

6.2.1.4.  Further challenges in implementing Nature Protection legislation.......................... 108 

6.2.1.5  Prioritisation of Commission’s legal enforcement work ......................................... 109 

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6.2.2  Waste Management.................................................................................................. 110 

6.2.2.1  Current position........................................................................................................ 110 

6.2.2.2   Changes underway ................................................................................................... 112 

6.2.2.3. Evaluation of the current position in terms of implementation................................. 113 

6.2.2.4. Further challenges in implementing Waste Management legislation ....................... 113 

6.2.2.5.  Prioritisation of Commission’s legal enforcement work ......................................... 114 

6.2.3  

 Environmental Impact Assessment and Strategic Environmental Assessment ...... 114 

6.2.3.1 

 Current position....................................................................................................... 114 

6.2.3.2   Changes underway ................................................................................................... 115 

6.2.3.3.  Evaluation of the current position in terms of implementation................................ 116 

6.2.3.4  Further challenges in implementing Environmental Impact Assessment legislation

.................................................................................................................................. 117 

6.2.3.5.  Prioritisation of Commission’s legal enforcement work ......................................... 117 

6.2.4   Protecting Water Resources ..................................................................................... 118 

6.2.4.1  Current position......................................................................................................... 118 

6.2.4.2  Changes underway .................................................................................................... 120 

6.2.4.3  Evaluation of the current position in terms of implementation................................ 121 

6.2.4.4   Further challenges in implementing European water legislation............................. 121 

6.2.4.5  Prioritisation of Commission’s legal enforcement work ......................................... 122 

6.2.5   Air quality ................................................................................................................ 122 

6.2.5.1  Current position......................................................................................................... 122 

6.2.5.2 Changes underway ..................................................................................................... 123 

6.2.5.3  Evaluation of the current position in terms of implementation................................ 124 

6.2.5.4  Further challenges in implementing Air Quality legislation.................................... 125 

6.2.5.5  Prioritisation of Commission’s legal enforcement work ......................................... 125 

6.2.6  

 Climate change........................................................................................................ 126 

6.2.6.1  Current position......................................................................................................... 126 

6.2.6.2  Changes underway .................................................................................................... 128 

6.2.6.3  Evaluation of the current position in terms of implementation................................ 129 

6.2.6.4.  Further challenges in implementing Climate Change legislation ............................ 129 

6.2.6.5  Prioritisation of Commission’s legal enforcement work ......................................... 130 

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6.2.7  

 Industrial Installations............................................................................................. 130 

6.2.7.1  Current position........................................................................................................ 130 

6.2.7.2  Changes underway .................................................................................................... 132 

6.2.7.3  Evaluation of the current position in terms of implementation................................ 133 

6.2.7.4.  Further challenges in implementing industrial installations legislation................... 133 

6.2.7.5.  Prioritisation of Commission’s legal enforcement work ......................................... 134 

6.2.8  

 Chemicals, Pesticides, Biocides and Biotechnology............................................... 134 

6.2.8.1  Current position......................................................................................................... 134 

6.2.8.2  Changes underway .................................................................................................... 135 

6.2.8.3  Evaluation of the current position in terms of implementation................................ 136 

6.2.8.4  Further challenges in implementing legislation relating to the Chemicals and 

Biocides sector ......................................................................................................... 137 

6.2.8.5.  Prioritisation of Commission's legal enforcement work .......................................... 137 

6.2.9 

 Governance and Environmental Liability ............................................................... 138 

6.2.9.1  Current position......................................................................................................... 138 

6.2.9.2  Changes underway ................................................................................................... 139 

6.2.9.3  Evaluation of the current position in terms of implementation................................ 139 

6.2.9.4.  Further challenges in implementing legislation ....................................................... 139 

6.2.9.5  Prioritisation of Commission's legal enforcement work .......................................... 139 

6.3.1 

Implementation of Communication 2002 on Better Monitoring the Application of 
Community Law....................................................................................................... 139 

6.3.1.1   Existing networks promoting better implementation of EU environmental law ..... 140 

6.3.1.2   Better Regulation ..................................................................................................... 141 

6.3.1.3.  Petitions and Complaints.......................................................................................... 142 

6.3.1.4.  Implementation sessions with the European Parliament.......................................... 142 

6.3.1.5   Role of Non-Governmental Organisations............................................................... 142 

6.3.1.6   Conformity checking................................................................................................ 143 

6.4   

General evaluation ................................................................................................... 143 

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INFORMATION SOCIETY AND MEDIA ............................................................ 146 

7.1 

Electronic communications...................................................................................... 146 

7.1.1  Current position........................................................................................................ 146 

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7.1.1.1  Existing measures in force ....................................................................................... 146 

7.1.1.2  Report of work done in 2007 ................................................................................... 147 

7.1.2  Changes underway ................................................................................................... 150 

7.1.2.1  Recently adopted measures ...................................................................................... 150 

7.1.2.2  New measures due to be adopted ............................................................................. 150 

7.1.2.3  Volume of enquiries and priorities........................................................................... 151 

7.1.3 

Evaluation ................................................................................................................ 151 

7.2 

The Audiovisual and Media ..................................................................................... 151 

7.2.1  Current position........................................................................................................ 151 

7.2.1.1  Existing measures in force ....................................................................................... 151 

7.2.1.2  Report of work done in 2007 ................................................................................... 152 

7.2.2  Changes Underway .................................................................................................. 152 

7.2.2.1  Recently adopted measures ...................................................................................... 152 

7.2.2.2  New measures due to be adopted ............................................................................. 152 

7.2.2.3  Volume of enquiries and priorities........................................................................... 153 

7.2.3 

Evaluation ................................................................................................................ 153 

7.3 

Public Sector Information ........................................................................................ 153 

7.3.1  Current Position ....................................................................................................... 153 

7.3.1.1  Existing measures in force ....................................................................................... 153 

7.3.1.2  Report of work done in 2007 ................................................................................... 154 

7.3.2  Changes underway ................................................................................................... 154 

7.3.3 

Evaluation ................................................................................................................ 155 

7.4 

Electronic Signatures ............................................................................................... 156 

7.4.1  Current Position ....................................................................................................... 156 

7.4.1.1  Existing measures in force ....................................................................................... 156 

7.4.1.2  Report of work done in 2007 ................................................................................... 156 

7.4.2  Changes underway ................................................................................................... 156 

7.4.3 

Evaluation ................................................................................................................ 156 

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FISHERIES AND MARITIME AFFAIRS.............................................................. 157 

8.1 

Current position........................................................................................................ 157 

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8.1.1 

Existing measures in force ....................................................................................... 157 

8.1.2  Report of work done in 2007 ................................................................................... 157 

8.2 

8.3 

9 

Changes underway ................................................................................................... 158 

Evaluation ................................................................................................................ 160 

INTERNAL MARKET AND SERVICES .............................................................. 160 

9.1 

General overview ..................................................................................................... 160 

9.1.1 

Existing measures in force ....................................................................................... 160 

9.1.2  DG internal market and services approach for 2008-2009 ...................................... 167 

9.2 

Analysis by sector .................................................................................................... 169 

9.2.1 

Freedom to provide services and freedom of establishment (other than Financial 
Services) .................................................................................................................. 169 

9.2.1.1  Current position........................................................................................................ 169 

9.2.1.2  Changes underway (2008-2009) .............................................................................. 172 

9.2.1.3  Evaluation ................................................................................................................ 173 

9.2.2 

Financial Services................................................................................................... 173 

9.2.2.1  Current position........................................................................................................ 173 

9.2.2.2  Changes underway (2008-2009) .............................................................................. 177 

9.2.2.3  Evaluation ................................................................................................................ 180 

9.2.3 

Free movement of capital (Articles 56 et seq. EC) .............................................. 182 

9.2.3.1  Current position........................................................................................................ 182 

9.2.3.2  Changes underway (2008-2009) .............................................................................. 183 

9.2.4 

Public procurement................................................................................................ 183 

9.2.4.1  Current position........................................................................................................ 183 

9.2.4.2  Changes underway (2008-2009) .............................................................................. 185 

9.2.4.3  Evaluation ................................................................................................................ 186 

9.2.5  Regulated professions (qualifications) ................................................................. 186 

9.2.5.1  Current position........................................................................................................ 186 

9.2.5.2  Changes underway (2008-2009) .............................................................................. 187 

9.2.5.3  Evaluation ................................................................................................................ 188 

9.2.6  The business environment ..................................................................................... 188 

9.2.6.1  Current position........................................................................................................ 188 

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9.2.6.2  Changes underway (2008-2009) .............................................................................. 189 

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REGIONAL POLICY.............................................................................................. 190 

10.1 

Current position........................................................................................................ 190 

10.1.1  Existing measures in force ....................................................................................... 190 

10.1.2  Work  in 2007........................................................................................................... 190 

10.2 

Changes underway ................................................................................................... 191 

10.2.1  Recently adopted measures due to enter into force which may require additional 

work: ........................................................................................................................ 191 

10.2.2  New measures due to be adopted which may require specific implementation / 

transposition work:................................................................................................... 191 

10.2.3  Volume of enquiries, complaints, infringements work and petitions, and 

prioritization among them:....................................................................................... 191 

10.3 

Evaluation ................................................................................................................ 191 

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TAXATION AND CUSTOMS UNION.................................................................. 191 

11.1 

Customs.................................................................................................................... 191 

11.1.1  Current position........................................................................................................ 191 

11.1.1.1 Existing measures in force (situation on 31/12/2007).............................................. 191 

11.1.1.2 Work  in 2007........................................................................................................... 192 

11.1.2  Changes underway ................................................................................................... 193 

11.1.3  Evaluation ................................................................................................................ 195 

11.2 

Indirect taxation ....................................................................................................... 195 

11.2.1  Current position........................................................................................................ 195 

11.2.1.1 Work  in 2007........................................................................................................... 195 

11.2.2  Changes underway ................................................................................................... 197 

11.2.3  Evaluation ................................................................................................................ 198 

11.3 

Direct taxation.......................................................................................................... 199 

11.3.1  Current position........................................................................................................ 199 

11.3.1.1 Existing measures in force (situation on 31/12/2007).............................................. 199 

11.3.1.2 Work  in 2007........................................................................................................... 199 

11.3.2  Changes underway ................................................................................................... 200 

11.3.3  Evaluation ................................................................................................................ 201 

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EDUCATION AND CULTURE ............................................................................. 202 

12.1 

Education.................................................................................................................. 202 

12.2 

Sport ......................................................................................................................... 203 

13 

HEALTH AND CONSUMER PROTECTION ....................................................... 203 

13.1 

Introduction .............................................................................................................. 203 

13.2 

Public Health............................................................................................................ 203 

13.2.1  Current position........................................................................................................ 203 

13.2.1.1 Work Done in 2007.................................................................................................. 203 

13.3 

Consumer Affairs ..................................................................................................... 206 

13.3.1  Current position........................................................................................................ 206 

13.3.1.1 Work done in 2007................................................................................................... 206 

13.4 

Food & Feed Safety ................................................................................................. 211 

13.4.1  Current position........................................................................................................ 211 

13.4.1.1 Work done in 2007................................................................................................... 211 

13.5 

General Evaluation................................................................................................... 222 

14 

JUSTICE FREEDOM AND SECURITY................................................................ 222 

14.1 

Fundamental rights................................................................................................... 222 

14.1.1  Work in 2007............................................................................................................ 222 

14.2 

Citizenship................................................................................................................ 223 

14.2.1  Work in 2007............................................................................................................ 223 

14.2.2  Changes underway ................................................................................................... 223 

14.2.3  Evaluation ................................................................................................................ 223 

14.3 

Data Protection......................................................................................................... 224 

14.3.1  Work in 2007............................................................................................................ 224 

14.3.2  Changes underway ................................................................................................... 224 

14.3.3  Evaluation ................................................................................................................ 224 

14.4 

Asylum and immigration.......................................................................................... 225 

14.4.1  Work in 2007............................................................................................................ 225 

14.4.2  Changes underway ................................................................................................... 226 

14.4.3  Evaluation ................................................................................................................ 226 

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14.5 

Borders and visas ..................................................................................................... 227 

14.5.1  Work in 2007............................................................................................................ 227 

14.5.2  Changes underway ................................................................................................... 227 

14.5.3  Evaluation ................................................................................................................ 228 

14.6 

Judicial cooperation in civil matters ........................................................................ 228 

14.6.1  Work in 2007............................................................................................................ 228 

14.6.2  Changes underway ................................................................................................... 228 

14.6.3  Evaluation ................................................................................................................ 229 

14.7 

Free movement of persons ....................................................................................... 231 

14.7.1  Work in 2007............................................................................................................ 231 

14.7.2  Changes underway ................................................................................................... 232 

14.7.3  Evaluation ................................................................................................................ 233 

14.8 

Security .................................................................................................................... 233 

14.8.1  Work  in 2007: ......................................................................................................... 233 

14.8.2  Changes underway ................................................................................................... 233 

14.8.3  Evaluation ................................................................................................................ 234 

15 

16  

TRADE .................................................................................................................... 234 

ENLARGEMENT.................................................................................................... 234 

16.1 

 Current position....................................................................................................... 234 

16.1.1  Existing measures in force ....................................................................................... 234 

1.6.1.2  Report of work done in 2007 ................................................................................... 235 

1.6.1.3  Changes underway ................................................................................................... 235 

16.2 

 Evaluation ............................................................................................................... 235 

17  

EUROSTAT............................................................................................................. 236 

17.1 

 Current position....................................................................................................... 236 

17.1.1  Report of work done in 2007 ................................................................................... 236 

18  

PERSONNEL AND ADMINISTRATION.............................................................. 237 

18.1 

 Current position....................................................................................................... 237 

18.1.1  Existing measures in force ....................................................................................... 237 

18.1.2  Report of work done in 2007 ................................................................................... 237 

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18.2 

 Changes underway .................................................................................................. 237 

19  

BUDGET.................................................................................................................. 238 

19.1 

Current position........................................................................................................ 238 

19.1.1  Existing measures in force ....................................................................................... 238 

19.1.2  Report of work done in 2007 ................................................................................... 238 

19.2 

 Changes underway .................................................................................................. 239 

19.3 

 Evaluation ............................................................................................................... 240 

Annex I 241 

List of measures in force and other relevant instruments referred to in the text of the document
.................................................................................................................................. 241 

1. 

1.1 

1.2 

EMPLOYMENT, SOCIAL AFFAIRS AND EQUAL OPPORTUNITIES ............ 241 

Free movement of workers and coordination of social security schemes................ 241 

Labour Law .............................................................................................................. 241 

1.2.1  Working conditions.................................................................................................. 241 

1.2.2 

Information and consultation of workers ................................................................. 242 

1.2.3 

Protection of workers ............................................................................................... 243 

1.2.4 

 Implementation and application reports.................................................................. 244 

1.3 

1.4 

Health and safety at work......................................................................................... 244 

Anti-discrimination and gender equality.................................................................. 248 

1.4.1  Gender equality ........................................................................................................ 248 

1.4.2  Anti-discrimination .................................................................................................. 249 

2 

2.1 

2.2 

2.3 

2.4 

2.5 

ENERGY and TRANSPORT .................................................................................. 249 

List of measures in force .......................................................................................... 249 

Legal basis for controlling the application of the Community acquis on energy and 
transport.................................................................................................................... 250 

List of communication aiming at reporting on tasks related to the implementation of 
community law in energy and transport................................................................... 252 

Recently adopted measures due to enter into force which may require additional 
work.......................................................................................................................... 254 

New measures due to be adopted which may require specific implementation / 
transposition work.................................................................................................... 259 

3 

TAXATION AND CUSTOMS UNION.................................................................. 261 

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3.1 

3.2 

3.3 

4 

Customs.................................................................................................................... 261 

Indirect taxation ....................................................................................................... 262 

Direct taxation.......................................................................................................... 264 

 HEALTH AND CONSUMER PROTECTION ...................................................... 265 

4.1  

Food Safety .............................................................................................................. 265 

4.2 

4.3 

5 

5.1 

5.2 

5.3 

5.4 

5.5 

5.6 

5.7 

5.8 

Public Health............................................................................................................ 273 

Consumers................................................................................................................ 274 

JUSTICE, FREEDOM AND SECURITY............................................................... 275 

Fundamental rights................................................................................................... 275 

Citizenship................................................................................................................ 275 

Data Protection......................................................................................................... 275 

Asylum and immigration.......................................................................................... 276 

Borders and visas ..................................................................................................... 277 

Judicial cooperation in civil matters ........................................................................ 279 

Free movement of persons ....................................................................................... 281 

Security .................................................................................................................... 281 

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1  ENTERPRISE AND INDUSTRY 

1.1  General introduction 

The Directorate General for Enterprise and Industry (DG ENTR) is responsible for Articles 28 
to 30 of the EC Treaty on the free movement of goods in the non-harmonised area and a large 
quantity of subordinate harmonising Community legislation which is listed in. “The acquis of 
the European Union under the management of DG Enterprise and Industry”. This publication, 
known as the “Pink Book”, is on the internet at- 

http://europa_eu.staging.entr.cec.eu.int/enterprise/newapproach/pdf/pink_book_2007.pdf 

Generally speaking, the Community acquis for products is stable and effective, although the 
highly  technical  nature  of  much  of  the  legislation  means  that  there  is  always  considerable 
activity  adapting  it  to  technological  progress.    However,  very  significant  changes  are 
underway  in  these  areas:  automotive  (recast  of  framework  for  type  approvals),  chemicals 
(REACH),  pharmaceuticals  (package  dealing  with  future  strategy,  pharmacovigilance, 
information  for  patients  and  counterfeit  medicines),  medical  devices  (recast  of  framework) 
and late payments (revision in the context of the Small Business Act). 

ENTR's  considerable  share  of  the  Community  acquis  covers  a  wide  variety  of  product 
domains, in relation to each of which are set out below a description of the current state of the 
legislation  in  force,  details  of  any  significant  changes  underway  or  planned  and  a  general 
evaluation  of  the  effectiveness  of  regulatory  framework  in  the  domain  concerned.  
Information is also provided about infringement proceedings pursued in each product domain. 

Systematic assessment of the conformity of national implementing measures with EU rules is 
done  in  some  sectors  (e.g.  chemicals,  textiles  and  clothing)  but  not  in  all.    In  some  areas 
where it is not done routinely, the framework legislation is destined to undergo a changeover 
from directives to regulations which, by virtue of their applicability, require a greatly reduced 
effort to verify conformity.  Difficulties in obtaining translations of national texts submitted is 
one  reason  why  systematic  checking  is  not  done.    In  other  sectors,  the  precise  and  detailed 
nature of the legislation (particularly updates due to technical progress) lead Member States to 
transpose by reference or by ‘copy and paste’ – in these circumstances to devote resources to 
conformity checking would be wasteful. 

Non-communication  cases  and  article  228  EC  cases  are  dealt  with  as  quickly  as  possible, 
given their automatic priority status under the September Communication. In accordance with 
the  other  criteria  set  out  in  the  September  Communication,  in  2008/9  DG  ENTR  will  give 
priority status to the following cases  

Non-harmonised area 

•  The failure by a MS to notify national  technical rules in draft under Directive 98/34/EC. 

Such failure renders the rules liable to be declared null and void. 

•  Breaches  of  Articles  28-30  EC  raising  horizontal  questions  about  the  functioning  of  the 

market. 

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Harmonised area  

Breaches of key provisions or strategic objectives of directives, in particular, new legislation 
is  adopted  solely  in  response  to  a  clear  need  to  correct/enhance  market  performance  by 
regulatory action; its enforcement should be commensurate with the risk of failing to achieve 
the desired effect. 

1.2  Automotive Industry 

1.2.1  Current position 

The vehicles covered by ENTR harmonized legislation are motor vehicles and their trailers; 
two  and  three-wheel  motor  vehicles  and  (wheeled)  agricultural  or  forestry  tractors.  This 
legislation  is  designed  to  protect  environmental  and  safety  objectives  while  reducing  the 
regulatory burden on industry and deals with a multitude of detailed technical specifications 
for different vehicle systems and components which are frequently modified to adapt them to 
technical progress.  

In relation to type-approval of vehicles, there are three main framework Directives: 

•  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 (which is to be replaced by the new 
framework Directive 2007/46/EC adopted in 20071);  

•  Directive 2002/24/EC relating to the type-approval of two-or three-wheel motor vehicles; 

and  

•  Directive 2003/37/EC relating to the type-approval of agricultural or forestry tractors, their 
trailers and interchangeable towed machinery, together with their systems, components and 
separate technical units.  

In  addition  to  the  framework  Directives,  separate  regulatory  acts  lay  down  harmonized 
technical  requirements  for  the  type-approval  of  individual  parts  and  characteristics  of  a 
vehicle.  These acts have generally been adopted as Directives.  More recently, a change in 
regulatory  approach  has  been  introduced  which  results  in  the  adoption  of  a  main  act  in  the 
form  of  a  Regulation  laying  down  fundamental  provisions  with  the  technical  specifications 
and  administrative  provisions  for  the  type-approval  contained  in  implementing  measures 
adopted following comitology procedures (a "split-level" approach). 

In relation to this sector, 54 infringement proceedings were launched during 2007. The vast 
majority  of  these  (51)  were  based  on  the  non-communication  of  national  measures 
transposing  EC  Directives  (which  generally  contained  technical  updates  of  the  acquis).  48 
proceedings were closed after national implementation measures were communicated by the 
Member States concerned.  

1 

Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the 
approval of motor vehicles and their trailers, and of systems, components and separate technical units 
intended for such vehicles (2007 OJ L 263, 9.10.2007, p.1).  

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Three other complaints were registered, two of which were closed as there was no breach of 
Community law. The third complaint is still under examination. 

1.2.2  Changes underway 

Although  a  well  understood  legal  framework  exists,  the  acquis  relating  to  the  automotive 
sector  is  in  constant  evolution.  In  this  regard,  the  direction  of  policy-making  in  the  motor 
vehicle  sector  has  been  discussed  by  a  High  Level  Group  that  brought  together  the  main 
stakeholders (Member States, industry, NGOs and MEPs) and the recommendations were set 
out in the CARS 21 Communication published in February 2007.2 In line with the objectives 
of CARS 21, and with a view towards completion of the internal market for the automotive 
sector,  a  recast  Framework  Directive  (2007/46/EC)  for  the  type  approval  of  motor  vehicles 
was adopted. Member States have to transpose this Directive before 29 April 2009. From this 
date on the current Framework Directive 70/156/EEC will be repealed. 

Further  legislative  activity  is  taking  place  with  a  view  to  improving  safety  levels  and 
environmental performance while safeguarding the functioning of the internal market within a 
more  simplified  and  internationalized  regulatory  environment.  A  significant  development 
in 2007 was the adoption of a Regulation on light duty vehicle emissions (Euro 5 and 6) and 
on access to vehicle repair and maintenance information.3  

During the first semester of 2008, a first reading agreement has been reached on the proposed 
Regulations  on  pedestrian  protection4  and  on  type-approval  of  hydrogen  powered  vehicles5 
(political agreement). The legislative process for the adoption of the Regulation on emissions 
from  heavy-duty  vehicles  (Euro  VI)  and  on  access  to  vehicle  repair  and  maintenance 
information6 is ongoing. In addition, a proposal for a Regulation concerning the type-approval 
requirements for the general safety of motor vehicles was published.7  

A mid-term review to take stock and monitor progress made on the CARS 21 Communication 
is  planned  for  2008.  For  2009  two  new  Framework  Regulations recasting the  type-approval 
legislation in relation to two and three-wheeled vehicles and tractors are planned.  

1.2.3  Evaluation 

The  acquis  in  the  automotive  sector  is  subject  to  frequent  change  in  the  light  of  technical 
developments.  The frequent adaptation of technical legislation in this sector makes the use of 
correlation  tables  when  transposing  Directives  particularly  helpful.    However,  the  close 
cooperation between the Commission and Member States in the preparation of these measures 
means that significant problems regarding conformity or bad-application are a relatively rare 
occurrence.  Indeed, in many cases, the technical nature of the legislation means that Member 
States  frequently  resort  to  transposing  the  technical  amendments  by  reference  to  the 

2 

3 

4 
5 
6 
7  

Communication from the Commission to the European Parliament and to the Council, "A Competitive 
Automotive Regulatory Framework for the 21st Century", COM (2007) final, 7 February 2007. 
Regulation (EC) No. 715/2007 of the European Parliament and the Council on type approval of motor 
vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and 6) and on 
access to vehicle repair and maintenance information (2007 OJ L 171, 29.6.2007, p.1). 
COM (2007) 560 final, 3.10.2007. 
COM (2007) 593 final, 10.10.2007. 
COM (2007) 851 final, 21.12.2007. 
COM (2008) 316 final, 23.5.2008. 

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Community  acts.  This  approach  has  been  taken  into  account  when  preparing  the  new 
legislation in form of Regulations instead of Directives.  

Few complaints occur in this sector.  In many instances, formal proceedings are not opened as 
the facts do not demonstrate non-conformity or bad application by the Member States of the 
harmonized legislation in this sector.  Instead, infringement proceedings are much more likely 
to  be  based  on  the  non-communication  of  measures  fully  transposing  the  Directive.    The 
number of these proceedings is likely to become less important in the future since preference 
will be given to Regulations. This strategy should increase overall efficiency in this area by 
lowering the overall number of infringement cases based on non- or late communication by 
Member  States  of  transposition  measures.  Nevertheless,  the  volume  of  legislation  in  this 
sector and the constant development of new technologies (and the corresponding adaption of 
legislation)  mean  that  problems  can  always  arise.  In  addition,  it  cannot  be  excluded  that 
Member  States  might  take  measures,  which  risk  compromising  the  harmonized  approach 
contained in the Community acts.  In order to ensure the desired level of implementation of 
Community  legislation,  close  cooperation  between  the  Commission  and  Member  State 
authorities should continue. 

1.3  Chemicals 

1.3.1  Dangerous substances and preparations 

Current position 

Directive  76/769/EEC  was  amended  by  Directives  2005/59/EC,  2005/69/EC,  2005/90/EC, 
2006/139/EC  which  had  to  be  transposed  by  the  end  of  2006  or  in  2007.  In  addition 
Directive 2006/8/EC modifying Directive 1999/45/EC had to be transposed on 1 March 2007.  

Regulation (EC) No 1907/2006 (REACH) will replace Directive 76/769/EEC on 1 June 2009. 
Until  then,  amendments  to  Directive  76/769/EEC  will  be  enacted  as  Decisions  instead  of 
Directives  which  will  reduce  the  number  of  texts  to  be  transposed  by  Member  States. 
However,  checking  the  correct  implementation  of  REACH  by  Member  States  will  be  a 
priority.  

Approximately 30 infringement procedures for non-communication of national measures were 
opened, a few of which were still open at the end of 2007. A number of cases were opened 
against  Romania  for  non-communication  of  measures  transposing  Directive  76/769/EEC,  as 
amended. These cases were closed after receipt of the national measures.  A complaint filed in 
2005  about  the  implementation  in  the  Netherlands  of  Directive  2001/90/EC  on  creosote 
treated  wood  will  be  closed  in  2008  as  it  transpires  that  NL  benefits  from  a  specific 
derogation. 

At  present,  the  transposition  by  Member  States  of  the  Directive  76/769/EEC  as  amended  is 
generally  good.    The  volume  of  enquiries,  mostly  relating  to  recent  amendments  of  the 
directive, has always been high but manageable. A FAQ feature appears on the Commission’s 
internet site providing answers to many potential enquirers.  It is difficult to predict accurately 
whether the situation will continue to be manageable when REACH replaces the Directive, as 
new  restrictions will continue to be introduced, but the level of enquiries  is not expected to 
increase radically. 

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1.3.2  Fertilizers and detergents 

Over the past 2 years the unit has made the correct implementation of Regulations one of its 
priorities. In relation to the Fertilisers Regulation and the Detergents Regulation good results 
have been achieved with only one infringement procedure still open. 

1.3.3  Drug precursors 

After the Fertilisers Regulation and the Detergents Regulation, the main effort focused on the 
implementation  by  the  Member  States  of  Regulation  (EC)  No  273/2004  on  drug  precursors 
which came into force in 2005. Important work still needs to be done.  

Member  States  were  reminded  of  their  obligations  to  communicate  the  national  measures 
necessary to ensure the smooth operation of the Regulation (mainly on sanctions). Analysis of 
Member  States’  reactions  showed  that  that  the  Regulation  was  correctly  implemented  in  12 
Member  States.  The  situation  in  7  Member  States  will  become  clearer  by  mid-2008.  
Infringements  proceedings  were  opened  against  the  remaining  8  Member  States  which  had 
failed  to  adopt  implementing  measures  imposing  sanctions  for  contravention  of  the 
Regulation.  Some  had  also  failed  to  repeal  national  legislation  transposing  directives  which 
have been replaced by the Regulation. It is expected that the majority of cases will be resolved 
before  the  end  of  2008.  However,  in  some  cases  it  will  be  2009  before  the  Regulation  is 
operating properly, where the Member States have not begun the legislative process to repeal 
otiose or conflicting national law and adopt implementing measures. 

1.3.4  Good laboratory practice 

Infringement  proceedings  against  Latvia  and  Lithuania  for  incorrect  implementation  of 
Directives  2004/10/EC  and  Directive  2004/9/EC  on  Good  Laboratory  Practice  (GLP)  were 
closed when those countries showed progress in setting up authorities to verify GLP. A case 
against Spain was also closed after the nomination of an authority.  

The  Directives  on  GLP  are  now  implemented  in  all  Member  States  with  the  exception  of 
Luxembourg.    Infringement  proceedings  against  Luxembourg  have  been  lodged  before  the 
Court of Justice (case C-2008/095). 

1.3.5  Evaluation for chemicals sector 

In keeping with the Commission’s policy of preventing infringement proceedings by offering 
upstream assistance to Member States, discussions between the Commission and the Member 
States  have  already  begun  on  the  transposition  of  Directive  2007/23/EC  on  pyrotechnic 
articles which is due to be completed by 4 January 2010. 

For  most  of  the  legislation  in  the  chemicals  sector,  lists  of  frequently  asked  questions  are 
published on the Commission’s internet site in order to provide all operators with access to 
questions posed in the past and the replies provided. 

Generally,  the  number  of  complaints  remains  low.  It  is  difficult  to  forecast  the  number  of 
complaints in the future but it is not expected to increase greatly.  

One petition was received concerning the ceramic fibres used in car catalysts (ref 2006/90). 

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Conformity  assessment  in  the  chemicals  sector  is  done  systematically  making  use  of  a 
framework contract under which consultants analyse the transposition of certain directives by 
the Member States. 

1.4  Pharmaceuticals 

1.4.1  Current position 

In the pharmaceutical sector, the main measures monitored by the Commission are: 

Regulation (EC) No 726/2004, laying down Community procedures for the authorisation and 
supervision of medicinal products for human and veterinary use and establishing a European 
Medicines Agency (EMEA). 

Directive 2001/83/EC on the Community code relating to medicinal products for human use. 
Directive  2001/20/EC  of  the  European  Parliament  and  of  the  Council  on  clinical  trials, 
complemented  by  Commission  Directives 2003/94/EC  and  2005/28/EC;  and,  for  orphan 
medicinal  products,  Regulation  (EC)  No  141/2000  on  orphan  medicinal  products, 
complemented by Commission Regulation (EC) No 847/2000. 

Directive  2001/82/EC  on  the  Community  code  relating  to  veterinary  medicinal  products. 
Regulation  (EEC)  2377/90  on  maximum  residue  limits  of  veterinary  medicinal  products  in 
foodstuffs of animal origin. 

The  Commission  brought  actions  before  the  Court  of  Justice  against  the  Czech  Republic, 
Spain, France, Ireland and the Netherlands for non-communication of measures implementing 
Directive 2004/24/EC amending, as regards herbal medicinal products, Directive 2001/83/EC. 
The  cases  against  Ireland  and  the  Netherlands  were  withdrawn  from  the  court  as  complete 
implementation measures were communicated. In the cases against the Czech Republic, Spain 
and  France,  the  Court  of  Justice  ruled  that  the  Member  States  had  failed  to  fulfil  their 
obligations  under  the  Directive.  Afterwards,  Spain  communicated  complete  and  final 
implementation measures, and consequently this case was closed by the Commission.  

In relation to Directive 2004/27/EC amending Directive 2001/83/EC on the Community code 
relating  to  medicinal  products  for  human  use,  the  Commission  brought  actions  before  the 
Court  of  Justice  against  the  Czech  Republic,  Spain,  Ireland  and  the  Netherlands  for  non-
communication  of  national  measures.  The  cases  against  Ireland,  Spain  and  the  Netherlands 
were withdrawn form the court as complete implementation measures were communicated. In 
the  case  against  the  Czech  Republic,  the  Court  of  Justice  ruled  that  the  Member  State  had 
failed to fulfil its obligations under the Directive. 

In relation to Directive 2004/28/EC, amending Directive 2001/82/EC on the Community code 
relating to veterinary medicinal products, the Commission brought actions before the Court of 
Justice  against  the  Czech  Republic,  France  and  Portugal  for  non-communication  of 
transposition  measures.  As  the  Czech  Republic  communicated  national  transposition 
measures on Directive 2004/28/EC, the Commission decided to withdraw this case from the 
court.  In  the  cases  against  France  and  Portugal,  the  Court  of  Justice  ruled  that  the  Member 
States had failed to fulfil their obligations under that Directive. 

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In relation to Directive 2005/28/EC laying down principles and detailed guidelines for good 
clinical practice as regards  investigational  medicinal products  for human use, as well as the 
requirements  for  authorisation  of  the  manufacturing  or  importation  of  such  products,  the 
Commission brought actions before the Court of Justice against the Czech Republic and Italy 
for non-communication of transposition measures. The case against Italy was withdrawn from 
the Court as complete implementation measures were communicated. In the case against the 
Czech  Republic,  the  Court  of  Justice  ruled  that  the  Member  State  had  failed  to  fulfil  its 
obligations under the Directive.  

In  2007,  the  Commission  continued  to  use  preventive  techniques  to  ensure  the  correct 
application and coherent implementation of the pharmaceutical acquis. 

The  following  working  parties  deal  with 
interpretation  of  European 
pharmaceutical  legislation,  in  preparation  for  its  transposition  and  implementation  by  the 
Member States: 

the  general 

– 

– 

– 

the Pharmaceutical Committee which met in May and December 2007, 

the Veterinary Pharmaceutical Committee which met in March 2007, and 

the “Notice to applicants” group, which met three times in 2007 and examined 
different  chapters  of  the  guidelines  interpreting  requirements  for  applications 
for marketing authorisation. 

Furthermore,  the  Commission  continued  to  work  intensively  with  Member  States  in  the 
course of 2007 to ensure coherent implementation of the Community rules on clinical trials as 
set out in Directive 2001/20/EC,  complemented by Commission Directives 2003/94/EC and 
2005/28/EC. Co-operation was mainly channelled into the ‘Ad hoc group for the development 
of implementing guidelines for Directive 2001/20/EC relating to good clinical practice in the 
conduct of clinical trials on medicinal products for human use.’ 

This  ‘Ad  hoc  group’  is  composed  of  representatives  of  the  Member  States’  Competent 
Authorities  and  the  European  Medicines  Agency  and  is  chaired  by  the  Commission  (DG 
Enterprise  and  Industry).  The  task  of  the  group  is  to  develop  the  common  implementing 
guidance  necessary  for  uniform  implementation  of  the  legislation  in  the  Member  States.  In 
this area a joint conference of the European Commission and the European Medicines Agency 
(EMEA)  was  held  on  3  October  2007  to  discuss  the  current  legislation  on  clinical  trials  for 
medicinal products and its implementation in the European Union. 

The Commission also took part in various forums, such as those organised by the European 
Medicines  Agency  or  the  Member  States,  to  present  guidelines  for  the  transposition  and 
implementation of legislation. Notably, the Commission participated in the regular meetings 
of the heads of the national medicines agencies. 

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In the area of the pharmaceutical legislation, the Commission dealt with three petitions8.  

1.4.2  Changes underway 

Following  the  adoption  of  Regulation  (EC)  No  1394/2007  on  advanced  therapies,  the 
Commission  will  have  to  enact  a  number  of  implementation  measures.  One  of  these  is  a 
revision of Part IV of Annex I to Directive 2001/83/EC, following a public consultation. 

A number of measures under the so-called “pharmaceutical package” will be adopted in 2008-  

•  a Commission Communication on the future of the EU single market on pharmaceuticals, 

setting out vision, strategy and concrete action items to be planned for future years;  

•  legislative proposals on pharmacovigilance, involving amendments to Regulation (EC) No 

726/2004 and Directive 2001/83/EC;  

•  legislative  proposals  on  information  to  patients  involving  amendments  of  Directive 

2001/83/EC and  

•  a  legislative  proposal  on  counterfeit  medicines  involving  amendments  of  Directive 

2001/83/EC.  

In  addition,  the  Commission  “Variations  Regulations”  (EC)  No  1084/2003  and  1085/2003 
(comitology) will be modernised and a legislative proposal adopted to change the legal bases 
for  these  Regulations  to  Directives  2001/83/EC  and  2001/82/EC.  All  of  these  measures 
require further implementation and/or transposition work in future. 

1.4.3  Evaluation 

The high volume of new legislation in the pharmaceutical sector highlights the importance of 
dealing  with  non-communication  cases  as  a  priority.  In  addition,  flagrant  cases  of  non-
conformity and incorrect application are also dealt with as a matter of priority. For example, 
in the past, Member States have, after accession, allowed medicinal products to stay on their 
national markets even though they did not comply with the pharmaceutical acquis. 

The pharmaceutical sector is highly dynamic and subject to frequent change. New legislative 
projects  are  planned  for  the  years  ahead  which  will  continue  to  require  close  collaboration 
with Member States to ensure the correct application of Community law. The working groups, 

8 

(1)  A  call  for  the  exemption  of  a  particular  class  of  medicines  for  food-producing  animals  from  the 
requirement  of  a  veterinary  prescription  coming  from  an  association.  The  Commission  informed  the 
petitioner that his request fell into the competence of the Member State concerned.  
(2) An objection to the excessively small print used for instructions enclosed with medicines raised by 
an individual. The Commission informed the petitioner that his concerns were already addressed by an 
existing Commission guideline.  
(3)  Concerns  about  the  marketing  authorisation  of  a  medicinal  product  for  the  treatment  of  children 
expressed  by  an  association.  The  Commission  informed  the  petitioner  that  it  had  issued  a  decision 
which  provided  that  the  Member  States  should  amend  their  national  marketing  authorisations  on  the 
basis of the scientific conclusions set out by the European Medicines Agency (EMEA). 

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expert  meetings  and  committees  described  above  will  continue  to  provide  a  useful  tool  to 
ensure coherent implementation of the Community rules. 

1.5  The Transparency Directive 

In  2007,  DG  Enterprise  and  Industry  continued  to  verify  the  implementation  of  Directive 
89/105/EEC on the transparency of pharmaceutical pricing and reimbursement procedures in 
the  Member  States.  In  the  investigation  of  complaints,  emphasis  was  put  on  direct  bilateral 
discussions  with  national  authorities;  this  cooperative  approach  enabled  the  resolution  of 
several cases and better alignment with the procedural requirements of Directive 89/105/EEC. 
The Transparency Committee convened on two occasions (in March and November 2007) to 
discuss the application and interpretation of the directive with all Member States. 

Given  the  complexity  of  national  health  insurance  systems  and  their  rapid  evolution,  it  is 
expected that further monitoring will be necessary in 2008-2009 to ensure the transparency of 
pricing  and  reimbursement  procedures  in  the  Member  States.  The  Commission  will  give 
priority  to  infringement  proceedings  in  cases  where  national  measures  could  lead  to 
significant barriers to trade in medicinal products. 

1.6  Medical devices 

1.6.1  Current position 

The  medical  devices  sector  is  regulated  by  three  main  directives;  Directive  90/385/EEC 
relating  to  active  implantable  medical  devices,  Directive  93/42/EEC  concerning  medical 
devices, and Directive 98/79/EC on in vitro diagnostic medical devices. These directives have 
been  subject  to  several  subsequent  modifications,  the  latest  of  which  took  place  in  2007 
(Directive  2007/47/EC  amending,  among  others,  Directive  90/385/EEC  and  Directive 
93/42/EEC). 

Transposition  of  directives  regulating  medical  devices  does  not  create  major  problems. 
Cooperation with Member States in this context is satisfactory. In 2007, 13 infringement cases 
were  opened  for  non-communication  of  transposition  measures  for  Commission  Directive 
2005/50/EC  on  the  reclassification  of  hip,  knee  and  shoulder  joint  replacements  in  the 
framework of Council Directive 93/42/EEC. Of these, 10 have been closed in 2008, whereas 
the  other  3  are  still  open.  8  infringement  proceedings  were  also  opened  against  Bulgaria  in 
2007  for  non-communication  of  the  whole  acquis  in  the  medical  devices  field.  Those  cases 
were  also  closed  in  2008  when  the  missing  texts  were  communicated.  4  additional 
infringement  cases  were  opened  in  2007  for  non-conformity  with,  and  incorrect  application 
of, the medical devices directives. Those cases are still open.  

Conformity  checking  is  carried  out  systematically.  In  2007,  Bulgarian  and  Romanian 
compliance with the medical devices acquis was thoroughly checked. 

1.6.2  Changes underway 

Directive 2007/47/EC amending Directive 90/385/EEC and Directive 93/42/EEC, which was 
adopted in 2007, must be implemented by the Member States by 21 December 2008. Thus, in 
2009, communication and conformity of national measures transposing that Directive will be 
checked. Correlation tables are extremely helpful in the performance of that task, in particular 

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if the relevant provisions of the Directive(s) are transposed by amendments of different legal 
acts of the Member States. 

Looking to the future, the Commission intends to recast the entire regulatory framework for 
medical  devices  (Directives  90/385/EEC,  93/42/EEC  and  98/79/EC).  The  main  objective  of 
the  recast  is  to  produce  a  simpler  and  more  easily-understandable  regulatory  environment 
which  better  ensures  the  efficient  functioning  of  the  internal  market  whilst  guaranteeing  a 
high level of safety for patients and users. The aim is to create a transparent system enabling 
citizens to be confident of the safety of medical devices. A public consultation is being carried 
out  until  2  July,  which  will  be  followed  by  an  impact  assessment.  A  legislative  proposal  is 
expected in early 2009. 

1.6.3  Evaluation 

The  present  regime  in  the  medical  devices  sector  has  produced  very  good  results  and  is 
continually adapted for a broad range of products and issues in order to ensure a high level of 
safety for patients, users and third parties. 

The  sector  has  not  experienced  problems  with  the  new  ‘partnership  approach’  with  the 
Member States  and complaints are dealt with without difficulty. 

Accordingly,  the  initiative  to  recast  the  acquis  does  not  derive  from  any  obvious 
malfunctioning  but  rather  from  a  desire  to  simplify  it  in  accordance  with  better  regulation 
principles and to further improve safety standards and market performance. 

1.7  Cosmetics 

1.7.1  Current position 

The Cosmetics “acquis” consists mainly of Council Directive 76/768/EEC, modified to take 
into consideration technical adaptations.  

In 2007, 6 directives adapting the Cosmetics Directive to technical progress were adopted by 
the  Commission,  two  of  which  had  transposition  deadlines  in  2007  and  4  in  2008.  After 
adoption of each Commission Directive, the Commission sent a letter to each Member State 
reminding  them  of  these  deadlines  and  offering  help  with  transposition.  Although  it  is 
standard practice to include an obligation on the Member States to provide correlation tables, 
this  is  not  necessary  for  these  directives  because  of  the  nature  of  their  content  (technical 
changes to annexes) and the fact that, when transposing, Member States simply copy out that 
content.  

A  basic  communication  check  is  performed  for  each  national  transposition  measure 
transmitted  (that  the  text  submitted  relates  to  cosmetic  products,  that  the  reference  of  the 
directive transposed is mentioned and that all of the substances concerned by the adaptation 
are  mentioned).  This  basic  check  can  be  done  without  asking  translation  of  the  texts 
for  non 
communicated.  The  Commission 
launched  24 
communication of national transposition measures relating to Commission directives 2006/65, 
2006/78,  2007/0001  and 2007/0017  on  the  adaptation  to  the  technical  progress  of  Council 
Directive 76/768/CEE on cosmetic products. 16 of these proceedings were closed within the 
same year. 

infringement  proceedings 

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25 

   EN 

 
There  were  four  meetings  of  the  Standing  Committee  on  Cosmetics  Products.  The  agenda 
always included a point on the transposition of directives and the current state of play. 

1.7.2  Changes underway 

The same type of legislative work is envisaged for 2008 and 2009. At the beginning of 2008, 
2 directives were adopted by the Commission with transposition deadlines in 2008. This will 
mean  checking  the  communication  of  at  least  162  transposition  texts  in 2008.  Although  the 
straightforward  content  of  these  directives  means  that  this  can  be  done  with  the  human 
resources currently available, the situation is set to improve in future with the proposal made 
by the Commission in February 2008 for a recast of the Cosmetics Directive in the form of a 
Regulation.  All  future  technical  adaptations  would  then  be  effected  by  regulation  which 
would  lead  to  resources  savings  in  this  area  by  removing  the  need  for  the  communication 
check  and  lowering  the  number  of  consequent  infringement  cases  based  on  non-
communication of national transposition measures. 

1.7.3  Evaluation 

The acquis in this area will never be static due to its very nature – there is a constant need for 
technical  adaptations  and  updates.    The  precise  and  detailed  subject  matter  lends  itself  to 
management by regulation rather than directive as it affords Member States little or no scope 
for interpretation or divergence.  The recast of the principal legislation in the area in the form 
of  a  regulation  will  improve  the  efficiency  with  which  the  internal  market  for  cosmetics  is 
run. 

1.8  Mechanical, electrical and telecommunications equipment 

1.8.1  Current position 

The Commission withdrew its proceedings against Ireland and Greece in relation to Directive 
2004/26/EC  amending  Directive  97/68/EC  relating  to  measures  against  the  emission  of 
gaseous  and  particulate  pollutants  from  internal  combustion  engines  to  be  installed  in  non-
road  mobile  machinery  and  to  Directive  2002/88/EC  amending  directive  97/68/EC  on  the 
approximation of the laws of the Member States relating to measures against the same type of 
emission. 

The Commission decided to close the procedure against Greece following communication of 
the  national  transposing  measures  in  relation  to  Directive  2005/88/EC  amending  Directive 
2000/14/CE  and,  for  the  same  reason,  the  procedure  against  Italy  In  relation  to  Directive 
2004/108/EC 

The  Commission  closed  a  complaint  against  Portugal,  on  the  grounds  that  there  was  no 
infringement of directive 2003/44/EC amending Directive 94/25/EC 

In  relation  to  Directive  2004/26/EC  amending  Directive  97/68/EC  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, following communication of the national transposition measures, the Commission 
withdrew its proceedings against Ireland and Greece. 

EN 

26 

   EN 

 
In relation to Directive 2002/88/EC amending directive 97/68/EC 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, following communication of the national transposition measures, the Commission 
withdrew its proceedings against Ireland and Greece. 

In  relation  to  Directive  2003/44/EC  amending  Directive  94/25/EC  on  the  approximation  of 
the  laws,  regulations  and  administrative  provisions  of  the  Member  States  relating  to 
recreational  craft  the  Commission  closed  a  complaint  against  Portugal,  on  the  grounds  that 
there was no infringement of the directive. 

In relation to Directive 2005/88/EC amending Directive 2000/14/EC on the approximation of 
the laws of the Member States relating to the noise emission in the environment by equipment 
for use outdoors, following communication of the national transposing measures by Greece, 
the Commission decided to close the procedure.  

In relation to Directive 2004/108/EC on the approximation of the laws of the Member States 
relating  to  electromagnetic  compatibility  and  repealing  Directive  89/336/EEC,  following 
communication  of  the  national  transposing  measures  by  Italy,  the  Commission  decided  to 
close the procedure.  

The only priority infringement case in the sector is a non-communication case launched at the 
beginning  of  2008  against  Luxembourg  in  relation  to  Directive 2004/108/EC  There  are 
isolated complaints of incorrect application of national rules implementing various directives 
in the sector but nothing to indicate that any particular directive requires attention. 

1.8.2  Changes underway 

Some  directives  may  need  to  be  revised  following  adoption  of  the  Goods  Package,  in 
particular  the  Regulation  setting  out  requirements  for  accreditation  and  market  surveillance 
and the Decision on a common framework for the marketing of products. 

A  proposal  to  amend  the  Machinery  Directive  (Directive  2006/42/EC)  is  expected  to  be 
adopted  in  the  3rd  quarter  of  2008.  The  aim  is  to  introduce  environmental  protection 
requirements for new machinery for pesticide application. On the expiry of the deadline for 
transposing Directive 2006/42/EC on machinery, and amending Directive 95/16/EC (29 June 
2008), some non-communication cases may arise. 

In the last quarter of 2009, Directive 2005/88/EC on noise should become a “New Approach” 
directive.  This  will  simplify  the  operation  of  the  directive,  revise  its  conformity  assessment 
procedures and improve market surveillance. 

1.8.3   Evaluation 

Conformity  assessment  is  not  done  systematically  but  only  in  the  event  of  a  complaint,  in 
which case an assessment is done for any Member State cited.  This approach is based on the 
lack of scope for Member States to depart from the detailed and precise text of the directives 
(which are often transposed by reference or by the ‘copy and paste’ method). 

EN 

27 

   EN 

 
The acquis in this area is relatively long-standing and well established, without much recent 
change or expected development. The number of problems arising is limited. The situation is 
stable, manageable and acceptable. 

1.9  Gas appliances, pressure equipment and legal metrology 

1.9.1  Gas appliances 

1.9.1.1  Current position 

The gas appliances sector is covered by Directive 90/396/EEC on appliances burning gaseous 
fuels, one of the early New Approach Directives. It has the dual purpose of ensuring the free 
movement  of  gas  appliances  through  technical  harmonisation  with  regard  to  hazards  due  to 
gas and of guaranteeing a high level of protection of the public interest objectives referred to 
in  Article  95(3)  of  the  EC  Treaty.  It  includes  the  definition  of  mandatory  essential 
requirements  and  the  setting  up  of  mandatory  conformity  assessment  procedures.  The 
Directive  has  been  operational  and  functioning  well  for  more  than  fifteen  years.  However, 
experience of its implementation, together with technical advances and innovation, have led 
to an examination of the need for revision. 

Member  States  frequently  notify  safeguard  clauses  for  appliances  that  they  consider  non-
compliant with the Directive. There are also often borderline issues with regard to aspects not 
harmonised  but  still  under  national  regulations,  such  as  different  gases  and  their  properties 
and the compatibility/suitability of the appliance with technical characteristics at the place of 
installation. 

A petition to the European Parliament (978/2005) for alleged failure by Germany to comply 
with  Directive  90/396/EEC  was  closed,  as  there  were  no  elements  demonstrating  an 
infringement of EC law by the German authorities.  

1.9.1.2  Changes underway 

No changes are envisaged in the short term. 

1.9.1.3  Evaluation 

Implementation has been satisfactory and the situation is stable. 

1.9.2  Pressure equipment 

1.9.2.1  Current position 

Pressure  equipment,  gas  appliances  and  metrology  are  technically  complex  sectors.  The 
pressure  sector  deals  with  protection  of  health  and  safety  in  relation  to  risk  of  pressure  and 
covers  equipment  from  simple  pressure  cookers  to  the  largest  chemical  installations. 
Directives  87/404/EEC  on  simple  pressure  vessels  and  97/23/EC  on  pressure  equipment, 
the  design,  manufacture  and  conformity  assessment  of  such  equipment. 
cover 
technical  progress  by  Directive  2008/47/EC  of 
Directive 75/324/EEC,  adapted 

to 

EN 

28 

   EN 

 
8 April 20089, covers safety and labelling requirements for aerosol dispensers. There are four 
directives  on  pressure  vessels 
specific 
Directives 84/525/EEC, 84/526/EEC and 84/527/EEC on gas cylinders). 

(framework  directive  76/767/EEC  and 

One  infringement  procedure  against  Sweden  was  closed,  following  modification  of  the 
Swedish provisions on refrigerating equipment. A letter of formal notice was sent to Spain for 
obstacles to the free movement of solar panels and one reasoned opinion was sent to Greece, 
for incorrect implementation of Directive 97/23/EC. 

1.9.2.2  Changes underway 

The  four  Directives  on  pressure  vessels  are  scheduled  for  repeal  in  2008,  as  this  equipment 
now falls under Directive 1999/36/EC on transportable pressure equipment (administered by 
Directorate-General for Energy and Transport). 

1.9.2.3  Evaluation 

Implementation has been satisfactory and the situation is stable. 

1.9.3  Legal metrology 

1.9.3.1  Current position 

Legal  metrology  covers  a  wide  field,  including  units  of  measurement  and  the  metrological 
requirements  that  pre-packed  products  and  measuring  instruments  must  satisfy  before  being 
placed on the market and put into service. 

The  main  Directives  relating  to  the  design  and  manufacture  of  measuring  instruments  are 
Directives 71/316/EEC on common provisions for both measuring instruments and methods 
of metrological control, 90/384/EEC on non-automatic weighing instruments and 2004/22/EC 
on measuring instruments. 

The  sector  of  measuring  instruments  functions  smoothly  and  the  first  year  of  application  of 
Directive 2004/22/EC on measuring instruments (applicable as from 30 October 2006) did not 
reveal any major problems. Proceedings for non or partial communication against Germany, 
Greece,  Italy,  Luxembourg,  Austria,  Poland  and  Portugal  were  closed  following 
communication of the national measures. 

With  regard  to  pre-packed  products,  the  main  pieces  of  Community  legislation  are 
Directives 75/106/EEC  on  pre-packaged  liquids,  76/211/EEC  relating  to  the  making-up  by 
weight  or  by  volume  of  certain  pre-packaged  products  and  80/232/EEC  on  the  ranges  of 
nominal quantities and nominal capacities for certain pre-packaged products. 

Units of measurement are harmonised at Community level by Directive 80/181/EEC on units 
of  measurement.  Directive  80/181/EEC  creates  a  harmonized  regulatory  framework 
throughout the European Union in order to eliminate trade barriers between Member States. 

9 

Directive  2008/47/EC  amending,  for  the  purposes  of  adapting  to  technical  progress,  Directive 
75/324/EEC on the approximation of the laws of the Member States relating to aerosol dispensers (OJ L 
96, 9.4.2008, p.15).  

EN 

29 

   EN 

 
                                                 
In  the  light  of  a  proposal  to  modify  Directive  80/181/EEC  (see  below),  the  Commission 
decided  to  close  four  complaints  against  the  United  Kingdom,  in  the  absence  of  a  general 
practice of incorrect application of the Directive by the authorities of the United Kingdom and 
in the absence of obstacles to the application of the EC Treaty principles, including the free 
movement of goods. 

1.9.3.2  Changes underway 

Commission  Directive  2007/13/EC  of  7  March  200710  modified  Annex 
II  of 
Directive 71/316/EEC to include the drawings of the distinguishing letters of some Member 
States  used  for  the  EC  initial  verification  mark  affixed  on  a  measuring  instrument  and 
indicating that the latter conforms to the EC requirements. These drawings were not provided 
for  in  the  Acts  of  Accession  of  Austria,  Finland  and  Sweden,  nor  in  the  2003  Act  of 
Accession. Member States must transpose this Directive by 10 March 2008. 

Directive  2007/45/EC  of  the  Council  and  the  European  Parliament  of  5  September  2007, 
laying  down  rules  on  nominal  quantities  for  pre-packed  products,  repealing  Council 
Directives  75/106/EEC  and  80/232/EEC  and  amending  Council  Directive  76/211/EEC11, 
intends to liberalise nominal quantities of pre-packaged products within European Union, in 
the  line  of  the  Court  of  Justice  jurisprudence,  with  the  exemption  of  wine  and  spirits,  for 
which the nominal quantities will continue to be defined at Community level. The Directive 
will become applicable as from 11 April 2009. 

On 10 September 2007, the Commission presented a proposal for a Directive of the European 
Parliament  and  of  the  Council  amending  Directive  80/181/EEC12,  to  allow  the  use  of 
supplementary  indications  to  legal  units  of  measurement  on  a  permanent  basis,  to  adapt  the 
Directive  to  technical  progress  and  to  allow  United  Kingdom  and  Ireland,  in  line  with  the 
principle of subsidiarity, to continue the use of the mile for road signs/speed indications, of 
the pint for milk in returnable bottles and for beer and cider on draught and of the troy ounce 
for transactions in precious metals, as the maintenance of these local and limited exemptions 
does not lead to barriers to the free circulation of products. 

In 2008, priority will be given to the timely transposition of Directives 2007/45, 2007/13/EC 
and  2008/47/EC  and  to  the  correct  implementation  of  the  Directives,  which  might  result  in 
new own initiative infringement cases. 

1.9.3.3  Evaluation 

Implementation has been satisfactory and the situation is stable. 

10 

11 
12 

Commission  Directive  2007/13/EC  amending  Annex  II  to  Council  Directive  71/316/EEC  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  common  provisions  for  both  measuring 
instruments and methods of metrological control (OJ L 73, 13.3.07, p.10). 
OJ L 247, 21.9.2007, p.17. 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  amending  Council  Directive 
80/181/EEC on the approximation of the laws of the Member States relating to units of measurement 
(COM (2007)510 final).  

EN 

30 

   EN 

 
                                                 
1.10  Construction products 

1.10.1  Current position 

Directive  89/106/EEC  on  construction  products  (the  CPD)  has  not  been  amended  recently, 
which  has  allowed  for  the  steady  development  of  its  implementation  within  the  Member 
States.  Non-communication  and  conformity  assessment  issues  are  therefore  not  relevant. 
Harmonisation through European standards, referred to in the Official Journal, has proceeded 
continuously and conditions for businesses operating in this sector, either as manufacturers or 
users of construction products, have thus experienced stable progress during 2007. However, 
certain fundamental problems with the implementation of the CPD remain unsolved, resulting 
in different transpositions in the Member States which disrupts the market. 

Due to the complexity of cases and heavy workload, progress with infringement procedures 
has been difficult. Four cases were closed during 2007 leaving 11 active cases. Preparations 
are underway to close several of those cases. 

The standing committee established by the CPD has developed into the foremost channel of 
communication  on  construction  matters  both  among  the  Member  States  and  between  them 
and the Commission. 

1.10.2  Changes underway 

The revision of the CPD was included in the Commission Legislative and Work Programme 
2007 as a proposal for a Regulation (“the CPR”) with adoption by the Commission scheduled 
for late 2007. In the event, adoption took place on 23 May 2008 (COM(2008) 311 final). This 
allows for a first reading in the European Parliament before the 2009 elections with adoption 
during 2009. The new EC legislation replacing the CPD could enter into force at the earliest 
in mid-2011. 

Infringement  procedures  (both  current  and  future)  should  be  viewed  against  this  legislative 
backdrop. As one of the main reasons for the revision of the CPD was the confusion caused 
by different national implementing rules, in particular as regards the use of CE marking, there 
was a double incentive to clarify this matter - in the contexts of both the CPR and an ongoing 
infringement procedure against the UK. 

The  main  objectives  of  the  CPR  proposal  -  simplification,  clarification  and  increased 
credibility - should all be seen as responses to problems identified with the implementation of 
the  CPD.  These  experiences  also  led  to  the  choice  of  a  regulation  to  replace  the  current 
directive, as the likely effectiveness of the Regulation in achieving Internal Market objectives 
in the sector would be much higher. 

On  the  other  hand,  the  CPR  will  not  come  into  force  within  the  coming  two  years 
(2008/2009).  In  the  meantime  efforts  must  be  made  to  deal  with  complaints  more  swiftly. 
Some will be fed into the Pilot Project, where the Member States involved are participating in 
this exercise. Contacts with all Member States will be intensified, with a view to succeeding 
in  the  legislative  process,  which  should  also  provide  an  opportunity  for  more  informal 
attempts to convince Member States about adjustments needed in their current practices. 

EN 

31 

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1.10.3  Evaluation 

When  assessing  the  future  impact  of  our  action  towards  ensuring  more  efficient 
implementation  of  the  CPD,  during  the  years  2008  and  2009,  human  resources  will  most 
probably be devoted more and more to the CPR legislative process,. Since the new legislation 
will  not  be  in  place  during  this  period,  we  will  continue  to  be  confronted  with  legal 
uncertainties emanating from the current CPD and the consequent variations in interpretations 
by the Member States. However, subject to these constraints, the intention is to significantly 
reduce  the  number  of  ongoing  infringement  cases  and  to  deal  with  new  cases  considerably 
more  speedily.  Closer  contacts  with  Member  States  will  undoubtedly  be  of  assistance  in 
meeting these objectives. 

1.11  Textiles/clothing, footwear and wood 

In  2007  no  complaints  were  lodged  in  relation  to  the  legislation  governing  the  placing  of 
textiles/clothing, footwear or wood on the European market.  

1.11.1  Textiles and clothing  

1.11.1.1  Current position 

Textiles and clothing are regulated by Directive 96/74/EC on textile labelling which has been 
adapted  to  technical  progress  four  times  by  Commission  Directives  97/37/EC,  2004/34/EC, 
2006/3/EC  and  2007/3/EC.  Directives  96/73/EC  (adapted  to  technical  progress  by  two 
Commission  Directives  2006/2/EC  and  2007/4/EC)  and  73/44/EEC  specify  testing  methods 
for  sampling  and  analysis  of  fibre  mixtures  in  order  to  determine  the  conformity  of  the 
information supplied on a label in accordance with Directive 96/74/EC. Due to the technical 
nature  of  the  textiles  directives,  the  Committee  for  directives  relating  to  textile  names  and 
labelling  (composed  of  experts  from  Member  States  and  other  interested  parties)  assists  the 
Commission in their adaptation to technical progress. A proposal to recast Directive 96/74/EC 
in the form of a regulation was adopted by the Commission on 11 January 2008 [COM(2007) 
870  final].  Directive  96/73/EC  was  also  adapted  to  the  new  rules  of  comitology  under  the 
general alignment exercise [COM(2007) 741 final].  

The  acquis  in  textiles/clothing  sector  is  not  considered  problematic  (although  national 
mandatory labelling requirements going beyond the scope of the labelling Directive (size, care 
instructions etc.) may create trade barriers prohibited under Article 28 EC which have given 
rise  to  several  cases  in  recent  years).  There  are  two  infringement  cases  open  for  non-
communication  in  relation  to  the  basic  textiles  Directive  and  several  in  relation  to 
transposition of technical amendments of the basic textiles Directive. In some minor cases of 
incomplete  compliance,  the  Member  States  concerned  were  contacted  informally  to  bring 
about a realignment of national implementing rules. This informal cooperation with Member 
States has proved effective in the resolution of problems.  

Conformity  assessment  is  done  and  focuses  on  recent  technical  amendments  and  on  a  few 
remaining problems in some new Member States. Correlation tables, when provided, are very 
useful,  particularly  for  the  testing  methods  Directives,  due  to  volume  of  text  involved.  In 
terms of preventive work, following the adoption of technical amendments in 2007, Member 
States were reminded of the deadlines for transposition (2 February 2008).  

EN 

32 

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In relation to amending Directives 2006/2/EC and 2006/3/EC, for which the implementation 
deadlines  were  6  and  9  January  2007  respectively,  19  infringement  proceedings  for  non-
communication  were  launched  in  April  2007.  By  the  end  of  the  year,  13  cases  were  closed 
and the 6 remaining cases were closed at the beginning of 2008.  

1.11.1.2 Changes underway  

In  recent  years,  the  number  of  requests  for  new  fibre  names  has  increased  significantly, 
requiring  frequent  amendments  to  adapt  EU  legislation  to  technical  progress  and  the 
activation of national procedures in Member States to provide for their transposition. Due to 
the  lengthy  and  costly  process  of  technical  adaptation  of  the  textiles  Directives  (which 
introduce  new  fibre  names  and  testing  methods  in the form of Commission  Directives) it is 
proposed that they be revised and replaced by a regulation which would simplify this process 
and  provide  a  single  directly  applicable  legal  instrument.  The  initiative  (included  in  the 
Commission Legislative and Work Programme for 2008) is being discussed in the Committee 
for Directives relating to textile names and labelling. An external consultant is conducting a 
study  which  will  form  the  basis  of  the  impact  assessment  report.  It  is  foreseen  that  a  draft 
proposal for a new regulation will be adopted by the Commission in late 2008. 

1.11.1.3  Evaluation 

Regulation of the textiles and clothing sectors is considered effective. Conformity assessment 
will  continue.  Priority  will  be  given  to  following  up  infringement  cases  launched  at  the 
beginning of 2008 for non-communication. 

Substantial legislative work will be devoted to preparing the impact assessment report for, and 
drafting,  the  proposed  regulation  replacing  the  textiles  Directives.    This  would  simplify  the 
management of the frequent adaptations to technical progress required in the sector and lead 
to a more user-friendly regulatory framework for economic operators. 

1.11.2  Footwear 

In  the  footwear  area,  Directive  94/11/EC  on  the  labelling  of  materials  used  in  consumer 
footwear does not pose any significant implementation problems. Regulation of the footwear 
sector is considered effective. Unlike the clothing and textile area, it is not necessary to amend 
this  legislation  often  in  the  light  of  technical  developments.  There  is  no  committee  work  in 
this area. As a follow-up to the screening of the new Member States on accession (to ascertain 
whether  promises  made  had  been  kept)  conformity  assessments  were  carried  out  on  the 
national  implementing  measures  of  five  new  Member  States  (Cyprus,  Hungary,  Lithuania, 
Latvia  and  Slovakia)  where  screening  had  shown  that  they  contained  minor  discrepancies. 
Modifications  to  fully  align  national  implementing  measures  were  proposed  and  it  was  not 
necessary to launch infringement proceedings in 2007. 

1.11.3  Wood 

In  the  wood  sector,  Council  Directive  68/89/EEC  on  the  approximation  of  the  laws  of  the 
Member States concerning the classification of wood in the rough was repealed by Decision 
No 714/2007/EC of the European Parliament and of the Council of 20 June 2007. 

EN 

33 

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1.12  Cultural goods 

At  the  beginning  of  2007,  the  Commission  launched  infringement  procedures  against 
Romania  for  non-  communication  of  national  measures  relating  to  directives  93/7/EEC, 
1996/100/EC and 2001/38/EC on the return of cultural objects unlawfully removed from the 
territory of a Member State. 

In order to improve the application of Directives on cultural goods, the Commission updated 
and  published  in  the  Official  Journal  the  list  of  national  central  authorities  dealing  with  the 
Directives in the 27 Member States13. During 2007, the Commission continued to prepare for 
the  codification  of  the  Directives.  The  Commission  also  examined  the  consultant’s  report 
prepared in the context of a study on the traceability of cultural goods in the 12 new Member 
States. This study and the study of 2004 are available on the Internet at - 

http://ec.europa.eu/enterprise/regulation/goods/dir937_fr.htm 

The  acquis  in  this  area  is  stable  and  produces  little  in  the  way  of  correspondence  or 
complaints. The codified directive should be adopted in 2008 with a view to its coming into 
force during the course of 2009. 

1.13  Late payment 

Late payment impedes the development, competitiveness and profitability of SMEs and even 
endangers their survival, so tackling the problem is a priority for the European Commission as 
part of the commitment to making the European Union an attractive place to do business. This 
is  why  Directive  2000/35/EC  on  combating  late  payment  in  commercial  transactions  was 
adopted. 

Bulgaria  transposed  the  Directive  by  accession.  The  Commission  launched  infringement 
proceedings for non communication against Romania, which were closed in 2007.   

During  2007,  the  Commission  continued  to  deal  with  complaints  including  one  on  the  non-
conformity of national law in Spain. After sending a reasoned opinion, the Commission closed 
the  proceedings  because  there  was  insufficient  evidence  of  delays  in  ordinary  civil  court 
procedures  to  establish  a  breach  of  the  Directive.  Other  proceedings  for  non-conformity 
against Spain (case C-380/06) remained before the Court of Justice.  

Complaints denouncing incorrect application were closed after examination of the facts with 
the Member States concerned. In one of these complaints, the Commission concluded that the 
complaint derived from bad translation of a single provision of the Hungarian version of the 
Directive. This problem was solved through inter-institutional co-operation. 

In two other cases (C-306/06, Deutsche Telekom and C-265/07, Caffaro) the Court of Justice 
has  been  asked  to  give  preliminary  rulings.    A  parliamentary  question  relating  to  the 
implementation of the Directive in Italy was presented during 2007. 

An  external  evaluation  in  2007  showed  that,  although  attitudes  to  late  payments  have 
changed,  the  Directive  has  actually  had  little  impact  on  delays.  In  particular,  SMEs  appear 

13 

O.J. C 136, 20 June 2007 

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34 

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reluctant to invoke the Directive. Furthermore, the overall lack of clarity of the Directive and 
certain ambiguous and contradictory definitions allow major companies to impose their own 
interpretation of its provisions on SMEs.  

Thus, the effectiveness of this part of the acquis is hindered by a lack of awareness of its very 
existence or of enthusiasm to invoke it and by its inadequate drafting.  Therefore, plans for the 
revision of the Directive will be made in the context of the Small Business Act to be adopted 
during 2008.  New legislation will probably appear in 2009. 

1.14  Product liability 

Romania  and  Bulgaria  had  transposed  this  legislation  by  the  time  of  their  accession.  In  the 
case of Bulgaria, national legislation incompatible with the €300 threshold was removed soon 
afterwards. 

In  2007  the  Court  of  Justice  effectively  put  an  end  to  the  long  standing  debate  on  the 
harmonizing  effects  of  Directive  85/374/EEC  on  product  liability  with  its  judgment  on  the 
Danish transposition of this legislation. In case C-327/05, Commission v Denmark, the Court 
held  that  the  Directive  had  been  incorrectly  transposed  into  national  law.  The  Danish 
authorities have already made the necessary amendments to their national law. 

The acquis in this area is now stable.  During 2008, the management of Directive 85/374/EEC 
will  focus  on  contacts  with  informal  working  groups  (comprising  stakeholders  and  national 
experts) that will monitor its operation. 

1.15  Non-harmonised area 

1.15.1  Current position 

Articles 28-30 EC ensure the easy cross-border exchange of goods within the Internal Market 
in  areas  that  are  not  subject  to  harmonisation  by  Community  legislation.  The  Commission 
monitors  the  right  application  of  these  rules  and  opens  infringement  procedures  against 
Member States when necessary. 

In 2007 the Commission continued to deal with complaints and infringement cases in various 
non-harmonised fields covered by Article 28-30 EC. The main areas are: parallel imports of 
medicinal  and  plant  protection  products,  registration  of  vehicles,  construction  products  and 
food supplements. Independent of sectors, today’s restrictions on the free movement of goods 
often relate to additional or more stringent requirements for products imposed in one Member 
States compared to another. Moreover, market access for imported products can be hampered 
by complicated and time-consuming administrative procedures. 

The majority of complaints (around 2/3) are brought by small and medium-sized enterprises. 
This  confirms  findings  that  in  contrast  to  large  operators  who  have  been  very  successful  in 
benefiting  from  the  opportunities  of  the  single  market,  SMEs  often  find  it  fragmented  and 
difficult to penetrate. 

In  2007  several  infringement  cases  were  closed  following  agreement  between  the 
Commission  and  the  Member  State  concerned  on  solutions  to  the  problems.  Germany,  for 
instance,  facilitated  the  use  of  foreign  temporary  and  professional  plates  for  vehicles  in 
Germany.  An  infringement  case  on  the  German  mandatory  deposit  system  for  one-way 

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35 

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beverage packaging was closed following improvements to the accessibility and transparency 
of the system. Italy amended its legislation on parallel imports for plant protection products, 
following criticism of the previous regulatory environment. 

However,  in  other  cases  it  was  not  possible  to  reach  agreement  and  several  cases  were 
referred to the European Court of Justice: 

Against the Netherlands for requiring  prior  authorisation  for  the  seeding  in Dutch  waters of 
mussels and oysters originating from other Member States14; 

Against  Luxembourg  for  obstacles  to  the  registration  of  second-hand  cars  originating  from 
other Member States, in particular the requirement to produce a recent (less than a month old) 
extract from the trade registry of the seller15;  

Against  Germany  for  restricting  de  facto  the  right  to  supply  medicines  to  hospitals  to 
pharmacies established in close proximities16; 

Against Greece for banning certain types of window films for cars17. 

In some judgements the Court of Justice confirmed the position taken by the Commission and 
thereby further clarified the scope of Articles 28 to 30 of the EC Treaty: 

In  case  C-254/05,  the  Court  decided  that  Belgian  legislation  requiring  that  automatic  fire 
detection systems, lawfully manufactured or marketed in another Member State, conform with 
a  Belgian  standard  and  be  subject  to  further  approval  by  a  national  certification  body 
(involving  long  and  expensive  tests  or  duplicating  tests  already  performed  in  other  member 
States) was contrary to Article 28 EC.18 

In  case  C-297/05,  the  Court  held  that  Dutch  measures  requiring  the  general  condition  of 
vehicles over three years old and previously registered in other Member States to be verified 
prior to registration in the Netherlands violated articles 28 to 30 EC.19 

importing  alcoholic  beverages  via 

In  case  C-186/05,  the  Court  found  that  Swedish  legislation  prohibiting  private  individuals 
from 
intermediaries  or  professional 
transporters amounted to a quantitative restriction on imports within the meaning of Article 28 
EC. Such a measure is not justified under Article 30 EC on grounds of the protection of the 
health  and  life  of  humans  as  it  is  unsuitable  for  attaining  the  objective  of  limiting  alcohol 
consumption  generally  and  not  proportionate  to  attaining  the  objective  of  protecting  young 
persons against the harmful effects of such consumption.20  

independent 

14 
15 
16 
17 
18 
19 
20 

Case C-249/07, Commission v Netherlands, pending. 
Case C-286/07, Commission v Luxembourg, pending. 
Case C-141/07, Commission v Germany, pending. 
Case C-541/07, Commission v Greece, pending. 
Judgement of 7 June 2007, Case C-254//05, Commission v Belgium. 
Judgement of 20 September 2007, Case C-297/05, Commission v Netherlands. 
Judgement of 4 October 2007, C-186/05, Commission v Sweden. 

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36 

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In case C-319/05, the Court clarified the borderline between food supplements and medicinal 
products,  holding  that  Germany  had  contravened  Article  28  EC  by  classifying  a  garlic 
preparation in capsule form as a medicine and not a food supplement.21 

The Commission also reminded certain Member States of their obligation to comply with the 
Court’s  jurisprudence.  Among  others,  Belgium  and  Greece  were  reminded  to  comply, 
respectively,  with  judgments  C-254/05  (approval  procedure  for  fire  extinguishers)  and  C-
65/05  (total  ban  on  the  installation  and  operation  of  all  electrical,  electromechanical  and 
electronic games). A case against Portugal was referred to the Court a second time (C-457/07) 
as the measures taken by Portugal to comply with the judgement and guarantee easy access of 
construction products manufactured in other Member States were considered unsatisfactory. 

The  Commission  continued  to  find  pro-active  solutions  outside  or  in  parallel  with  the 
infringement  procedure  under  Article  226  EC  by  using  the  SOLVIT  problem-solving 
network,  the  preventive  mechanism  of  Directive  98/34/EC  (whereby  Member  States  are 
obliged  to  notify  the  Commission  of  new  national  technical  rules  at  the  draft  stage)  and 
‘package  meetings’  organised  with  Member  States  to  discuss  a  active  complaints  and 
infringement cases as well as various horizontal issues. 

There are two ongoing infringements subject to a petition. 

1.15.2  Changes underway 

In a move to strengthen the Internal Market the Community legislator, on 14 February 2007, 
the  Commission  adopted  a  proposal22  to  strengthen  the  so-called  "principle  of  mutual 
recognition" in the non-harmonised area of goods. This proposal is one of the deliverables of 
the  Internal  Market  Strategy  for  2003-200623.  Its  main  objective  is  to  define  the  rights  and 
obligations  of  both  national  authorities  and  enterprises  wishing  to  sell  in  one  Member  State 
products lawfully marketed in another, when the competent authorities of the Member State 
of  destination  intend  to  restrict  the  product  in  accordance  with  national  technical  rules.  In 
particular,  the  proposal  concentrates  on  the  burden  of  proof  by  setting  out  the  procedural 
requirements for denying mutual recognition.  

Moreover, the proposal aims to reduce the risk for enterprises that their products will not be 
allowed  access  to  the  market  of  the  Member  State  of  destination  and  to  enhance  regular 
dialogue between competent authorities by establishing one or more "Product Contact Points" 
in each Member State. Their main task will be to provide information on technical rules on 
products to enterprises and to the competent authorities of other Member States and to supply 
the contact details of the latter. That will allow public authorities to identify their colleagues 
in other Member States so that they can easily obtain information from, and start a dialogue 
with, the competent authorities in other Member States.  

During  the  co-decision  process,  the  positions  of  the  three  institutions  converged  towards  a 
common understanding on all points in a first reading agreement. The Council will adopt the 

21 
22 

23 

Judgement of 15 November 2007, C-319/05, Commission v Germany. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  laying  down  procedures 
relating to the application of certain national technical rules to products lawfully  marketed in another 
Member State and repealing Decision 3052/95/EC, COM(2007)36. 
COM(2003)238. 

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37 

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proposal  on  23  June  2008  and  its  signature  is  scheduled  for  the  plenary  session  of  the 
Parliament in July. The regulation will enter into force in spring 2009. 

1.15.3  Evaluation 

As  Articles  28-30  EC  apply  only  to  the  non-harmonised  area,  their  scope  depends  on  the 
development of secondary Community legislation. The more harmonisation, the less scope for 
their application. Yet, Article 28 EC remains an essential legal instrument in the evaluation of 
cross-border obstacles to trade.   

A further slight decrease in the number of open infringement cases was observed in 2007. The 
proposal on mutual recognition should create an environment which facilitates the free flow 
of goods throughout the EU and a consequence is expected to be a reduction in the number of 
complaints  about  Member  States  incorrectly  applying  recognition  procedures  so  as  to  deny 
access to their markets. 

1.16  Preventive rules of Directive 98/34/EC 

1.16.1  Current position 

In  2007,  preventive  action  continued  under  Directive  98/34/EC  through  the  provision  of 
information,  advice,  interpretation  and  guidance  with  regard  to  national  draft  technical 
regulations  of  the  27  Member  States,  the  EFTA  countries  and  Turkey  concerning  products 
and Information Society Services. 

In 2007, fruitful collaboration between the Member States and the Commission took place on 
several  levels.  Firstly,  two  meetings  of  the  Committee  on  “Standards  and  Technical 
Regulations”  took  place  to  discuss  current  problems  connected  with  the  implementation  of 
Directive  98/34/EC.  These  meetings  not  only  play  an  important  role  in  supervising  the 
operation  of  the  98/34  procedure  and  in  the  examination  of  policy  issues  raised  by  the 
notifications,  but  also  remind  the  Member  States  to  notify  regularly  to  the  Commission  all 
their draft technical regulations. 

Secondly, seminars were held in Lithuania, Poland, Cyprus and Romania and Turkey on the 
operation  of  the  notification  procedure.  The  seminars  were  attended  by  representatives  of 
national authorities and industry. In addition, the contact points of other EU Member States 
(Latvia,  Lithuania,  Slovenia  and  the  Netherlands)  attended  the  Cyprus  seminar  and  the 
seminar in Poland was attended by the German and the Czech Republic contact points. 

seminars  are  an  excellent  opportunity 

These 
to  present 
Directive 98/34/EC as a key instrument  of  the  Internal  Market, which prevents problems ex 
ante  and  avoids  infringement  procedures.  Moreover,  the  seminars  strengthen  relations 
between  the  Commission  and  representatives  of  the  national  authorities.  The  opportunity  to 
present  information  about  the  obligation  to  notify  national  technical  regulations  and  the 
notification procedure itself, as well as discussions and exchanges of views on all problems 
connected with the operation of the 98/34 procedure, are all very important. 

the  Commission 

for 

Thirdly,  the  Commission  services  responsible  for  the  Directive  participated  in  a  package 
meeting in Austria to discuss ongoing infringement cases.  

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As to the future, the figures for the first quarter 2008 indicate that in 2008, too, a high number 
of notifications will be received and acted upon. 

1.16.2  Changes underway 

There  were  9  new  complaints  in  2007,  all  of  them  concerning  failures  to  notify  national 
transposition measures under Directive 98/34/EC and should become priority cases in 2008. 

1.16.3  Evaluation 

The  steady  high  number  of  notifications  (752)  and  reactions  from  the  Commission 
(223) and the Member States (228) underlines the importance of Directive 98/34/EC 
as  a  tool  for  the  prevention  of  barriers  to  intra-Community  trade  -  and  for  better 
regulation since it improves the quality of national legislation. Its ex ante operation 
means  that  time-consuming  and  sometimes  controversial  infringement  procedures 
can be avoided 

2  COMPETITION 

2.1  Overall introduction 

The  situation  in  Directorate-General  for  Competition  (DG  COMP)  (DG  COMP)  is 
characterized by a fairly stable acquis. The control of compliance with the Treaty provisions 
of Articles 81 – 89 EC generates work predominantly vis-à-vis private undertakings (antitrust, 
mergers)  or  with  regard  to  State  aid  cases  that  are  dealt  with  in  a  separate  procedure  not 
covered by the annual report.  

The majority of State infringement cases (apart from State aid) is concerned with the breach 
of  Treaty  provisions  such  as  Article  86(1)  EC  in  conjunction  with  Articles  81/82  EC  or 
Articles 3(g), 10 and 81/82 EC.  

2.1.1  Measures in force: 

The control of the transposition of Directives is currently focused on   

•  the Financial Transparency Directive in the field of State aid (80/723/EEC as subsequently 

amended) and its latest amendment (2005/81/EC); and  

•  the  field  of  electronic  communications,  particularly  with  regard  to  the  Directive  on 

competition in the markets for electronic communications and services (2002/77/EC). 

Proceedings  under  Article  228  EC  for  failure  of  Member  States  to  comply  with  decisions 
requiring  the  recovery  of  incompatible  State aid,  which represent but one component of the 
significant  overall  work  related  to  recovery24,  are  another  noteworthy  element  of  the 
infringement portfolio of DG COMP. 

24  

The  decisions  adopted  by  the  Commission  in  2007  required  the  recovery  of  €  189  million,  the  total 
amount of recovered illegal and incompatible aid standing at € 8.2 billion at the end of 2007. Where a 
Member State does not comply with a decision requiring recovery the Commission may refer the matter 
to the ECJ direct in derogation from Article 226 EC pursuant to Article 88(2) EC. This document only 

EN 

39 

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Work  on  these  State  infringement  cases  generates  a  fairly  constant  number  of  roughly  50 
pending infringement procedures at any given time.  

2.1.2  Work done in 2007 

In 2007, the priority in competition policy in relation to the State conduct was addressing key 
issues to improve competition in the liberalized network industries and in financial services, 
in particular non-discriminatory access to infrastructure, and full and proper transposition of 
legislation.  Cases  of  non-compliance  with  Commission  recovery  decisions  as  well  as 
secondary  legislation  in  the  field  of  State  aid  were  another  principal  concern.  The  main 
infringement  cases  dealt  with  specifically  concerned  continued  monitoring  of 
the 
transposition  of  the  financial  transparency  Directive  (2005/81/EC)  and  the  Directive  on 
competition  in  the  markets  for  electronic  communications  (2002/77/EC)  both  of  which  are 
based  on  Article  86  EC.  The  Commission  handled  several  complaints  relating  to  Article  86 
EC  in  conjunction  either  with  Article  82  EC,  notably  in  the  energy  sector,  or  with  internal 
market  rules  (Articles  43  and  49  EC)  in  relation  to  financial  services.  As  regards  other 
individual  cases,  the  Commission  dealt  with  complaints  relating  to  Article  31  EC  and 
investigated  infringements  of  Article  21  of  the  Merger  Regulation  concerning  the  energy 
sector. 

2.2  Financial Transparency Directive  

On 23 March 2007, the Commission sent a reasoned opinion to Slovenia which identified a 
number of substantial inconsistencies with Directive 80/723/EEC as amended. On 21 March 
2007, the Commission decided to refer Spain to the European Court of Justice for its failure to 
take the measures necessary in order to implement Commission Directive 2000/52/EC. Both 
cases could, however, be closed after these Member States had taken the necessary measures 
to completely and correctly implement the directives in question. 

On  7  November  2007,  letters  of  formal  notice  were  sent  to  seven  Member  States  for  either 
their  failure  to  notify  to  the  Commission,  within  the  required  deadline,  the  national 
transposition  measures  of  Commission  Directive  2005/81/EC  (Belgium,  Denmark,  Italy, 
Luxembourg,  UK)  or  for  their  non-conform  transposition  measures  (Slovakia,  Latvia). 
Member States had to provide a reply to the Commission's concerns by 7 January 2008. The 
replies submitted by Member States are currently being analysed. 

While  all  late  transposition  is  a  problem,  the  indications  received  from  Member  States 
confirm that the completion of their work can generally be expected in the near future and no 
serious  problems  are  likely  to  result.  The  issues  of  non-conformity  so  far  identified  do  not 
give cause for serious concern and the current outlook for the correct and full application of 
the directive is good. 

2.3  Non-compliance with Commission decisions on the recovery of State aid 

On 19 July 2007, the Commission sent a letter of formal notice under Article 228(2) EC to 
Italy for failing to comply with a judgment of the ECJ25 condemning Italy for non-execution 

covers proceedings under Article 228 EC that are initiated where a Member State still fails to recover 
incompatible State aid although the ECJ has already found that this failure constitutes an infringement.  
Judgment in case C-99/02 of 1 April 2004. 

25  

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of the Commission's recovery decision regarding employment aid. The key issue in this case 
is the effectiveness of recovery procedures under Italian law since although Italy has issued 
payment orders to the beneficiaries concerned these national procedures have still not led to 
successful recovery. The Commission is currently analyzing the reply of the Italian authorities 
and intends to take a decision as to whether to send a reasoned opinion26. 

On 11 July 2007, the Commission issued a letter of formal notice to Spain in relation to non-
compliance with the judgment of 14 December 200627 in which the ECJ had confirmed that 
Spain  had  failed  to  fulfil  its  obligations  under  six  Commission  recovery  decisions  all 
concerning tax regimes in the Basque regions.     

The issue of effective recovery by Member States of illegal State aids is central to the overall 
effectiveness of the EU State aid policy and so the outcome of these proceedings is key to the 
effective application of Community law in the Member States concerned. These are therefore 
priority  cases  to  which  the  Commission  will  continue  to  pay  close  attention  and  report  on 
progress. 

2.4  Electronic communications 

2.4.1  Current position 

The Commission has dealt with several cases in the context of monitoring the transposition of 
EU Directives in this area, i.e. the Regulatory Framework for Electronic Communications of 
200228 and in particular the "Competition Directive" (2002/77/EC)29.  

In the area of digital broadcasting, the Commission sent a reasoned opinion to Italy on 18 July 
2007 for failure of compliance with the regulatory framework for electronic communications 
due  to  the  fact  that  Italian  legislation  regulating  the  switchover  from  analogue  to  digital 
terrestrial  TV  places  unjustified  restrictions  on  the  provision  of  broadcasting  transmission 
services  and  attributes  unjustified  advantages  to  incumbent  analogue  operators,  thereby 
creating the risk of reinforcing their market power in the provision of digital TV broadcasting 
transmission services. The reasoned opinion in this case based on the complaint of an Italian 
consumer association (Altroconsumo) triggered a number of further enquiries and a complaint 
relating more generally to the Italian system for awarding analogue TV frequencies.   

On 21 March 2007, the Commission decided to refer a case against Greece under Article 228 
EC to the European Court of Justice for failure to comply with a judgment of 14 April 2005 
relating  to  the  incomplete  transposition  of  Directive  2002/77/EC  with  regard  to  the 
liberalization of broadcasting services. Shortly thereafter Greece informed the Commission of 

26  
27  
28 

29  

In fact, a reasoned opinion was sent on 1 February 2008. 
Joined cases C-485/03 to C-490/03). 
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common 
regulatory framework for electronic communications networks and services ("Framework Directive"), 
Directive  2002/20/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  the 
authorisation  of  electronic  communications  networks  and  services  ("Authorisation  Directive")  and 
Directive  2002/22/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  ("Universal 
Service Directive"). 
Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic 
communication networks and services. 

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41 

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the adoption of a new law (Law on Media Concentration) which ended the infringement by 
providing an authorization procedure for the provision of broadcasting services30. 

On 23 March 2007, the Commission addressed a reasoned opinion to the Czech Republic for 
having limited the powers of the Czech competition authority to apply Articles 81 and 82 EC 
to  anti-competitive  conduct  in  the  electronic  communications  sector  in  breach  of  Article  10 
EC in conjunction with Articles 5 and 35 of Regulation 1/2003. After the contested provision 
of the Czech Competition Act was repealed the case could be closed in June 2007. 

These are important examples of the kinds of issue normally arising out of the Commission 
monitoring of respect for competition rules of the kind the Commission would expect to have 
to continue to manage, which, while they need to be pursued to a satisfactory conclusion, do 
not  present  problems  of  a  volume  or  nature  as  to  give  rise  to  wider  or  more  systematic 
concerns. They illustrate, however, that continued Commission monitoring remains necessary 
beyond the transposition process of directives and that this may produce increasing workload. 

In  the  electronic  communications  sector  the  Commission  has  provided  replies  to  46 
parliamentary questions  and  petitions.  With regard to digital  broadcasting the  Altroconsumo 
case has raised particular external interest, including that of the European Parliament, and has 
given rise to a number of enquiries. Future enquiries and complaints related to this case will 
be dealt with as a matter of priority.  

2.5  Financial services 

On 11 May 2007, the Commission adopted a decision on the basis of Article 86(3) EC finding 
that the exclusive rights for the distribution of certain savings book products ("livret A" and 
"livret bleu") granted by France to three banks (Banque Postale, Caisses d’Epargne and Crédit 
Mutuel) constituted an infringement of Article 86(1) EC in conjunction with the freedom of 
establishment and the freedom to provide services (Articles 43 and 49 EC) due to the resulting 
obstacles for French and foreign competitors that wish to enter into and develop the market 
for liquid savings in France. The decision requires France to amend its legislation governing 
these  rights  within  nine  months.  The  Commission  acknowledged  the  general  interest  tasks 
associated  with  these  savings  books  (financing  of  social  housing,  universal  accessibility  of 
banking  services)  but  considered  the  exclusive  distribution  rights  for  certain  banks  as  not 
being necessary to achieve the general interest objectives. 

2.6  Energy sector 

On  7  March  2007,  the  Commission  addressed  a  reasoned  opinion  to  Spain  for  failure  to 
comply  with  two  decisions  adopted  by  the  Commission  in  2006  finding  that  Spain  had 
breached Article 21 of the Merger Regulation by subjecting, without prior communication to 
and  approval  of  the  Commission,  E.ON's  acquisition  of  Endesa  to  a  number  of  conditions 
incompatible with Community law and requiring Spain to withdraw these conditions without 
delay.  In  the  light  of  the  refusal  by  Spain  to  withdraw  these  decisions  within  the  short 
deadline set in the reasoned opinion the Commission decided on 28 March 2007 to refer the 
case to the ECJ31.  

30  
31  

The case could therefore be closed in January 2008. 
In its judgment handed down on 6 March 2008 (C-196/07) the ECJ confirmed the infringement. 

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In  the  course  of  2007  the  Commission  continued  its  investigation  in  a  case  concerning  the 
Greek lignite and electricity markets, following up on a supplementary letter of formal notice 
sent  at  the  end  of  2006.  The  competition  issue  of  the  case  is  whether  Greece  has  infringed 
Article  86(1)  EC  in  conjunction  with  Article  82  EC  by  maintaining  a  number  of  measures 
giving  the  State-owned  electricity  incumbent  Public  Power  Corporation  (PPC)  quasi-
exclusive  exploitation  rights  for  lignite,  the  cheapest  available  fuel  in  Greece  and  thereby 
enabling PPC to protect and reinforce its dominant position in the electricity market despite 
liberalization of the electricity generation and supply market. It is intended to adopt a decision 
in this case early in 200832. 

Both cases illustrate the central importance of ensuring that in this priority policy area for the 
EU  the  liberalization  of  energy  markets  really  transforms  into  fair  competition  on  a  level 
Europe-wide playing field and into tangible benefits for consumers. 

2.7  Overall evaluation 

Against the background of the relatively stable acquis33 and the relatively constant number of 
pending  infringement  cases  not  signalling  any  particular  problem  in  the  monitoring  of 
compliance that would require urgent attention there is no reason to modify the priorities of 
Directorate-General  for  Competition  with  regard  to  State  infringements.  As  set  out  above, 
infringement proceedings concerning the Financial Transparency Directive and the electronic 
communications  sector  have  had  considerable  impact  in  terms  of  bringing  about  Member 
States' measures to bring their legislation into line with the acquis. 

Accordingly, the Annual Management Plan for 2008 envisages infringement action, just as for 
the  preceding  year,  mainly  in  relation  to  the  liberalized  network  industries  and  financial 
services. The monitoring of the transposition of the Financial Transparency Directive will be 
in the focus of our attention in 2008 and onwards. Decisions on the basis of Article 86(3) EC 
and the pursuit of infringement procedures under Article 226 EC can be expected principally 
in the context of liberalized network industries, specifically in the electronic communications 
and energy sectors. 

3  EMPLOYMENT, SOCIAL AFFAIRS AND EQUAL OPPORTUNITIES 

3.1  Free movement of workers and coordination of social security schemes 

3.1.1  Current position 

3.1.1.1  Existing measures in force 

 For a list of the measures in force in that sector please refer to Annex I paragraph 1 

32 

On 5 March 2008, the European Commission has adopted a Decision finding that Greece has infringed    
Article 86 of the EC Treaty in combination with Article 82 by maintaining rights giving the state-owned          
electricity incumbent Public Power Corporation (PPC) quasi-exclusive access to lignite thus protecting
PPC's dominant position in the electricity market. With this Decision, the Commission calls on Greece
to propose and adopt remedies to ensure sufficient access to lignite by competitors of PPC. 

33 

See point 2.1 above. 

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3.1.1.2  Report of work done in 2007 

In  the  field  of  social  security,  a  number  of  infringements  deal  with  benefits  for  disabled 
persons : in 2004, the Commission started infringement procedures against Finland, the UK 
and  Sweden  as  it  takes  the  view  that  these  benefits  have  been  unjustifiably  qualified  as 
"special non-contributory benefits" by the co-legislators in the framework of Regulation (EC) 
No  647/200534  and  that  these  benefits  are  normal  security  benefits  and  therefore  are 
exportable. These infringement procedures are still on-going. The Commission also lodged an 
annulment procedure based on Article 230 of the EC Treaty concerning Regulation (EC) No 
647/2008 against the Council and the European Parliament (case C-299/05). In its judgement 
of 18 October 2007, the Court of justice stated that the benefits concerned must be qualified 
as "social security benefits" and not as "special non-contributory benefits" as done by the co-
legislator and annulled Regulation (EC) No 647/2005 regarding these benefits. 

As regards free movement of workers, half of the ongoing procedures, due to an incorrect 
application of Articles 39 and 42 of the EC Treaty, concern issues linked to the public sector.  

Following the judgement of the Court of Justice of 18 July 2006 in case C-119/0435, regarding 
the  recognition  of  acquired  rights  of  former  "lettori"  in  several  Italian  universities,  the 
Commission  has  received  firm  assurances  from  the  Italian  authorities  that  the  national 
legislation  governing  employment  conditions  for  former  "lettori"  in  Italian  universities  is 
effectively  applied.  As  a  result,  the  Commission  closed  the  infringement  procedure  against 
Italy in June 2007.  

In relation to the issue of the recognition of previous professional experience acquired in one 
Member  State  for  the  purpose  of  access  to  the  public  sector  as  well  as  for  determining  the 
professional  advantages  in  another  Member  State,  considerable  progress  was  achieved; 
following judgments of the Court of Justice36, the Commission closed two cases against Italy 
and Spain as the national rules had been correctly amended. Several other cases on this topic 
were closed.  

Several other cases in relation to employment in the public sector (e.g. nationality condition; 
other  aspects  of  access  to  posts)  were  closed  after  the  national  rules  had  been  correctly 
amended. 

Moreover, the Commission carried out a systematic review of the legislation of all Member 
States following two preliminary judgments of the ECJ37 regarding the nationality condition 
for  posts  of  master  and  chief  mate  of  ships  where  the  prerogatives  of  public  authority  are 

34 

35 

36 

37 

Regulation  (EC)  No  647/2005  of  the  European  Parliament  and  of  the  Council  of  13  April  2005 
amending  Council  Regulations  (EEC)  No  1408/71  on  the  application  of  social  security  schemes  to 
employed  persons,  to  self  employed  persons  and  to  members  of  their  families  moving  within  the 
Community and (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 
1408/71, OJ L 117, 4.5.2005 
Rec. 2006, p. I-6885. In its judgment, the Court ruled that, even if Italy failed to fulfil its obligations 
under  Article  228  of  the  Treaty  by  adopting  the  legislation  at  a  very  late  stage  of  the  procedure,  the 
legislation itself was an appropriate solution for re-establishing the careers of the former lettori.  
Case  C-278/03,  Commission  v.  Italy  ECR  [2005]  I-03747  and  case  C-205/04  ,  Commission  v.  Spain 
ECR [2006] I-00031  
Case C-405/01 Colegio de Oficiales de la Marina Mercante Española ECR. [2003] I-10391 and C-47/02 
Anker and others, ECR [2003] I-10447 

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exercised  by  private  sector  workers.  Out  of  20  procedures  opened  on  this  issue  in  2004,  13 
were still ongoing in 2007; the Commission decided to refer 4 cases to the Court of Justice 
(Czech Republic, France38, Italy and Spain) and 6 cases were closed after the national rules 
had been correctly amended.  

Furthermore, the Commission ensures a follow-up of preliminary rulings in cases Gattoussi39 
and Burbaud40. 

Lastly,  in  the  follow-up  to  two  judgments  of  the  Court  of  Justice41  concerning  the  car 
registration tax in Denmark and in Finland imposed on company cars used by frontier workers 
resident  in  these  two  respective  countries  and  working  in  another  Member  State,  the 
infringements were closed42 after the national rules had been correctly amended.  

Other open procedures concern cases of direct or indirect discrimination of migrant workers 
(e.g. in relation to access to posts and to working conditions) and the issue of the application 
of free movement rules to sports activities.  

Petitions 

There  are  25  open  petitions  before  the  Petition Committee.  21  are  related  to  social  security 
issues  and  the  finalisation  of  the  contributions  often  requires  correspondence  with  the 
petitioner and/or national authorities. 

3.1.2  Changes underway 

A  Regulation  implementing  Regulation  (EC)  No  883/2004  on  the  coordination  of  social 
security systems should be adopted in 2009. It is a priority for the Commission to finalise the 
work needed for the entry into application of that implementing Regulation given that the new 
simplified and modernised Regulation 883/2004 will apply on its date of entry into force.  

This  proposal  primarily  aims  at  defining  the  procedures  for  the  implementation  of  the 
coordination  rules  laid  down  in  Regulation  883/04.  However,  it  is  not  a  proposal  for  an 
"implementing"  Regulation  in  the  strict  sense  of  the  term,  as  the  proposal  contains  several 
provisions  of  substance.  This  is  due  to  the  fact  that  when  negotiating  Regulation  883/2004, 
several points were postponed to find a solution in the implementing Regulation.  

The  Commission  presented  three  other  proposals  for  a  Regulation  in  the  framework  of 
Regulation 883/04: 

(1) a proposal determining the content of Annex XI of Regulation 883/04 (COM (2006)7) 

(2) a proposal modifying Regulation 883/2004 and its annexes (COM (2007)376) 

38 
39 
40 
41 

42 

The ECJ already rendered its judgment on 11 March 2008, case C-89/07. 
Case C-97/05 Gattoussi, ECR [2006] I-11917 
Case C- 285/01 Burbaud, ECR [2003] I-8219  
Case  C-464/02  Commission  v  Denmark,  ECR  [2005]  I-7929;  Case  C-232/03  Commission  v  Finland, 
ECR [2006] I-27 
The case against Denmark was actually closed in the end of 2006.  

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45 

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(3) a proposal aiming at extending the provisions of Regulation 883/04 and its implementing 
Regulation to third country nationals who are not yet covered by these provisions solely on 
the ground of their nationality (COM(2007) 439). 

The  new  set  of  coordination  rules  will  considerably  modify  the  social  security  coordination 
system  by  modernising  the  system  (extending  the  material  scope  to  new  branches  of  social 
security  and  by  adapting  the  provision  to  new  patterns  of  mobility)  and  by  simplifying  the 
procedures (electronic European Health Insurance Card). 

It  will  reduce  the  administrative  burden  by  introducing  a  system  of  electronic  exchange  of 
data  between  social  security  institutions  of  the  Member  States.  The  European  citizens  will 
directly  benefit  from  this  as  the  electronic  exchange  of  data  between  social  security 
institutions will speed up decision-making process for the actual calculation and payment of 
benefits to citizens who move around Europe. 

The objective is that the new system of coordination enters into application as from 1 January 
2010.  In  order  to  realise  this  objective,  the  implementing  Regulation  has  to  be  adopted 
formally by the two co-legislators at the latest in June 2009. The EP will adopt during its 2008 
July session its first reading of the proposals for an implementing Regulation, Annex XI and 
for  modifying  Regulation  883/2004.  The  Council  Working  Party  will  under  the  French 
Presidency finalise its examination of the proposals by discussing the remaining open issues.  

In 2008, the work devoted by the Commission to the preparation for the entry into application 
of Regulation 883/04 will involve:  

•   the  organisation  of  the  electronic  exchange  of  data.  The  implementation  Regulation 
requires that the transmission of data between institutions be carried out by electronic 
means under a common secure network. A funding of 3 million Euros was obtained 
from  the  IDABC  (Interoperable  Delivery  of  European  eGovernment  Services  to 
public  Administrations,  Business  and  Citizens)  Community  programme.  The 
Commission launched an open call for tender on 10 June for the EESSI (Electronic 
Exchange of Social Security Information) project. It is envisaged that this procedure 
will be concluded during 2008 with the Commission entering into a two year contract 
with  the  successful  bidder  for  the  development  and  implementation  of  the  EESSI 
system.  

The EESSI system is an ambitious and unique tool of e-administration and will enable 
31  countries  to  exchange  electronically  social  security  information  between  their 
administrations  thereby  fulfilling  the  ultimate  aim  of  strengthening  the  protection  of 
mobile  citizens'  social  security  rights.  This  will  in  turn  facilitate  and  speed  up  the 
decision-making process for the actual calculation and payment of benefits to citizens 
who move around Europe. 

• 

 the coordination of the necessary actions of the Administrative Commission on Social 
Security for Migrant Workers. The entry into force of the new coordination rules also 
requires 
the 
Administrative Commission on Social Security of Migrant workers or the adoption of 
new interpretive decisions. The service coordinates this task, which involves making 
an inventory of the existing decisions and drafting proposals. 

interpretative  decisions  adopted  by 

the  adaptation  of  several 

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46 

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3.1.3  Evaluation 

In  2007,  the  service  received  for  both  sectors  (free  movement  and  social  security 
coordination)  an  impressive  number  of  letters  and  petitions  of  European  citizens  (around 
4000),  approximately  balanced  between  both  sectors.  Globally,  the  volume  of  incoming 
queries and complaints is relatively stable. 

Social Security 

A majority of the letters from citizens in this field concerns a request for information on social 
security  rights  when  moving  within  the  EU,  (e.g.  determination  of  legislation  applicable, 
sickness benefits, pension rights and family benefits).  

Other  letters  concern  complaints  of  citizens  alleging  that  national  social  security  institution 
infringed their rights under community law (e.g. when calculating the amount of their pension 
or when refusing the reimbursement of health care or other benefits).  

In 2005, the Commission has put in place a system of filtering this letters in cooperation with 
the representatives of the Member States in the Administrative Commission. According to this 
procedure, the Commission forwards the letter of the citizens to the representative for further 
examination when it appears that it concerns an individual case rather than a general wrong 
application  of  Community  law  and  subsequently  informs  the  citizen  that  his/her  letter  has 
been forwarded to the national authorities concerned. The national authorities then inform the 
citizen  and  the  Commission  about  the  outcome  of  their  investigation.  This  has  led  to  a 
considerable  reduction  of  the  registered  complaints.  Therefore,  in  2007,  only  9  letters  of 
citizens  were  registered  as  infringement  procedures,  which  is  a  very  small  part  of  the  total 
amount of letters received. 

As regards infringement procedures, there are currently (June 2008) 20 ongoing infringement 
procedures in the field of social security.  

As Regulation 1408/71 only coordinates the national social security schemes of the Member 
States,  changes  in  national  law  can  affect  considerably  and  in  an  unexpected  way  the 
workload of the social security coordination sector, e.g. following the introduction of a new 
sickness  insurance  legislation  in  the  Netherlands,  hundreds  of  letters  and  petitions  were 
received  from  Dutch  pensioners  who  took  the  view  that  this  legislation  was  contrary  to 
Community law, in particular Article 39 and Regulation 1408/71. 

Free movement of workers  

In  the  area  of  free  movement  of  workers,  citizens  mostly  ask  about  their  right  as  migrant 
workers,  access  to  posts,  administrative  formalities  linked  to  the  right  of  residence,  family 
reunification rules, working conditions and access to social advantages. Some of these queries 
have  a  purely  informative  purpose  while  others  are  complaint  against  discrimination  or 
obstacles  that  the  citizens  have  to  face  when  moving  around  the  EU.  A  number  of 
encountered problems are due to national rules which are not in conformity with Community 
law and others are the result of incorrect application of national rules.  

In the past, the majority of the complaints concerned the issues linked to the public sector in 
particular  recruitment  procedures  or  the  lack  of  recognition  of  previous  professional 
experience for the purpose of access to posts or determining working conditions. Due to the 

EN 

47 

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Commission's  focus  on  these  problems43,  it  seems  that  currently  the  complaints  related  to 
these issues are less frequent.  

The issues, which, on the contrary, gained recently importance both as information requests 
and complaints, are the following:  

•  discrimination of migrant worker seafarers;  
•  application of transitional measures for citizens of the "new" Member States;   
• 
•  difficulties  with  residence  formalities  due  to  late  or  incorrect  transposition  of  the 

languages requirements for access to posts,  

Directive 2004/38/EC;  

•  access to study grants for workers family members; 
•  nationality discrimination of professional sportsmen/sportswoman. 

A  big  part  of  the  correspondence  exchange  with  the  citizens  is  related  to  the  ongoing 
infringement  procedures  aiming  at  informing  the  complainants  about  the  progress  and 
outcome of the cases. An increased interest can be also noted in access to documents linked to 
infringement  procedures  and  in  particular  to  the  exchange  of  correspondence  with  the 
Member States. 

According  to  the  latest  figures  (June  2008)  there  are  23  ongoing  infringement  procedures, 
which is much less than in the previous years. An enormous progress was actually made in 
2007 in order to bring to a successful end many files initiated in the past – in total 22 files 
were closed throughout the year. It enables the team to work  now more efficiently and in a 
focused  manner  on  the  remaining  procedures.  The  objective  is  to  be  able  to  deal  with  the 
infringement procedures within 3-4 years on the average. However, it is not always possible 
due  to  the  complexity  of  the  file  or  lengthy  reforms  at  the  national  level.  There  are  still  3 
procedures from 2002 and 3 files from 2003 pending. 

The law in this field has been stable - the main principles being established by the Treaty of 
Rome  and  the  secondary  legislation  adopted  in  1968.  The  Directive  2004/38/EC  introduced 
some  changes  in  the  rules  concerning  the  right  of  residence  especially  by  simplifying 
significantly the residence formalities. The legal framework seems to achieve its objectives as 
it  is  very  generous  for  the  citizens  and  directly  applicable  (directly  applicable  provisions  of 
the Treaty and of Regulation 1612/68). However, the difficulty to control the application of 
law in this field is related to the fact that the principle of non-discrimination is very broad and 
potentially concerns many different areas of life of the migrant worker. Therefore, the work is 
dependent  on  the  nature  of  the  new  complaints  received  -  the  infringement  procedures  are 
mainly  initiated  on  the  basis  of  the  complaints  and  rather  rarely  on  the  initiative  of  the 
Commission.  

Nevertheless,  the  experience  of  horizontal  exercises  already  described  (captains'  files  and 
recognition of previous professional experience) proved to be very successful. Member States 
are eager to recognise more easily the necessity to change their legislation if the procedures 
have been initiated against all States where the given problem exists. Therefore, in future it is 
envisaged to identify such problems of a general nature and to launch systematic reviews of 
the  legislations  of  Member  States  in  the  given  field.  It  would  however  require  redirecting 

43 Infringement procedures in relation to the issue on recognition of professional experience against all EU-15 

Member States concerned have led to vast reforms of applicable rules. 

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48 

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some  of  the  other  queries  and  complaints  through  different  channels  in  order  to  be  able  to 
focus  on  effective  management  of  the  horizontal  procedures.  The  free  movement  sector  is 
working  on  setting  up  a  similar  system  of  cooperation  with  the  national  experts  as  the  one 
introduced in the field of social security. Moreover, citizens' requests could be dealt with by 
Europe Direct, SOLVIT or in the framework of a closer and more informal cooperation with 
the Member States via EU pilot. 

Priorities  

The monitoring work presented above cannot be strictly planned as it depends largely on the 
amount  and  type  of  complaints  sent  to  the  Commission  as  well  as  on  the  willingness  of 
cooperation  of  the  Member  States  concerned  (changing  wrong  practices)    and  the  speed  of 
adoption of new national legislation.  

However, in order to set priorities, the importance of the file both from the point of view of its 
political impact and negative consequences that the violation has for the complainant is taken 
into account. The problems which seem to be spread in several Member States are also given 
priority.  

3.2  Labour Law 

3.2.1  Current position 

3.2.1.1  Existing measures in force 

At  present,  in  the  area  of  labour  law,  the  deadline  for  transposition  has  expired  for  all 
directives  in  force,  with  the  exception  of  one,  i.e.  Directive  2005/47/EC  on  working 
conditions  of  mobile  workers  engaged  in  interoperable  cross-border  services  in  the  railway 
sector, for which the transposition deadline will expire by 27 July 2008.  

The Directives applicable in the area of labour law cover a variety of issues and subjects, such 
as  collective  redundancies,  European  Works  Council,  information  and  consultation  of 
employees,  posting  of  workers  in  the  context  of  the  provision  of  services,  fixed  term  work, 
transfer  of  undertakings,  employer  insolvency,  protection  of  young  people  at  work,  and 
working time.  

For a list of the measures in force in that sector please refer to Annex I paragraph 1.2 

3.2.1.2  Report of work done in 2007 

The overall number of outstanding infringement procedures for non communication and non 
conformity  has  decreased  by  10  %  since  the  beginning  of  2007.  The  total  number  of 
outstanding infringements is currently 77 (including those related to the consequences of the 
SIMAP-Jaeger Judgments44). The decrease is mainly due to the closing of a number of non-
communication cases. 

With regard to the non communication cases, the infringement proceedings against Member 
States  which  had  failed  to  notify  the  national  measures  transposing  Directives  2000/34/EC, 

44 

Judgment of 3.10.2000 in case C-303/98 and judgment of 9.09.2003 in case C-151/02 

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49 

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amending  Council  Directive  93/104/EC,  concerning  certain  aspects  of  the  organisation  of 
working  time  to  cover  sectors  and  activities  excluded  from  that  Directive  and  2002/14/EC, 
establishing  a  general  framework  for  informing  and  consulting  employees  in  the  European 
Community, continued. With regard to Directive 2000/34/EC, the proceedings against France, 
continued under Article 228 EC following the judgment from the Court of Justice45 could be 
closed  following  adoption  of  the  necessary  measures.  As  far  as  Directive  2002/14/EC  is 
concerned, the proceedings for lack of notification of the necessary transposition measures by 
Greece46, Spain47, Italy48 and Luxemburg49, were closed following adoption of the necessary 
transposition measures. The case against Belgium continues under Article 228 EC following 
the  judgment  from  the  Court  of  Justice50.  However,  the  necessary  legislation  having  been 
adopted recently, this case should be closed in the near future. 

As  regards  Directive  2002/74/EC,  due  for  transposition  by  8  October  2005,  infringement 
proceedings  were  initiated  against  Member  States  that  had  failed  to  notify  the  national 
transposition measures within the time limit. The cases against Spain51 and Luxemburg52 were 
referred  to  the  Court  of  Justice,  but  were  closed  following  adoption  of  the  necessary 
transposition measures. The case against France continues under Article 228 of the EC Treaty 
following the judgment from the Court of Justice 53  

Regarding Directive 2003/72/CE due for transposition by 18 August 2006, the cases against 
Belgium54, Greece55 and Luxembourg56 were referred to the Court of Justice. 

With respect to Directive 2006/109/EC (adaptation Directive 94/45/EC on the establishment 
of  European  Works  Council  following  accession  of  Bulgaria  and  Romania),  due  for 
transposition  by  1  January  2007,  infringement  proceedings  for  non  communication  were 
launched  against  13  Member  States  that  had  failed  to  take  the  necessary  transposition 
measures within the required time limit. Most of these cases could however be closed (or are 
about to be closed) following the adoption of the necessary national measures. 

As regards problems of non-conformity of the national transposition measures of Directives in 
the area of labour  law,  a number of proceedings  in progress  continued.  For example, in  the 
case  against  Luxembourg  for  incorrect  transposition  of  Directive  96/71/EC  ('posting  of 
workers')  referred  to  the  Court  of  Justice57,  the  Court  recently  rendered  its  judgment  and 
considered that the Luxembourg transposition measures concerned did not constitute or could 
not rely on the 'public policy provisions' exception laid down in Article 3 paragraph 10 of the 
Directive.  The  case  against  France  for  incorrect  and  insufficient  transposition  of  Directive 
80/987/EEC,  and  in  particular  Article  8,  continues.  Furthermore,  regarding  the  incorrect 

45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 

Judgment 17.11.2005, case C-73/05 
Pending case C-381/06 
Pending case C-317/06 
Judgment of 1.03.2007, case C-327/06  
Pending case C-321/06  
Judgment 29.3.2007, C-320/06 
Judgment 29.11.2007, C-6/07 
Pending case C-10/07 
Judgment 27.9.2007, C-9/07 
Pending case C-092/08 
Pending case C-082/08 
Pending case C-070/08 
Judgment 19.6.2008, case C-319/06, Commission vs Luxembourg. 

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transposition  of  Directive  93/104/EC  ('working  time'),  the  proceeding  against  United 
Kingdom58  under  Article  228  of  the  EC  Treaty  was  closed  following  the  notification  of 
national measures correctly transposing the Directive. 

It  would,  however,  be  misleading  to  reduce  the  monitoring  activities  to  the  number  of 
outstanding infringement procedures.  

As  regards  the  working  time  Directive,  the  Commission  carried  out  an  in-depth  analysis  of 
compliance  in  all  Member  States  with  the acquis,  as  resulting  from  the  SIMAP-Jaeger  case 
law59 re the qualification of on call time as working time. Such analysis led in 2007 to pre-226 
letters being sent to nearly all Member States. At the same time, during 2007, national reports 
were obtained from Member States and social partners on application of the Directive in each 
Member States. The results of services' analysis will be given in a Commission's forthcoming 
Report. 

Moreover, as regards the posting of workers Directive, an extensive monitoring exercise was 
carried  out  in  2006  and  2007  about  application  measures,  including  controls  and 
administrative  cooperation,  the  outcome  of  which  was  presented  in  the  Commission's 
Communication  of  13  June  2007  'Posting  of  workers  in  the  framework  of  the  provision  of 
services: maximising its benefits and potential while guaranteeing the protection of workers'60 
and  a  attached  Staff  Working  Document61.  Furthermore,  on  3  April  2008,  the  Commission 
adopted a Recommendation on enhanced administrative cooperation in the context of posting 
of workers in the framework of the provision of services62 as a first, concrete follow-up of the 
measures  indicated  in  the  June  Communication.  The  Recommendation  calls  on  national 
governments to take urgent action to remedy shortcomings in the implementation, application 
and enforcement of the legislation pertaining to posting of workers through better cooperation 
between national administrations and improving access to information. 

Petitions 

There are 30 pending petitions before the Petitions Committee. 

3.2.2  Changes underway 

(1) 

Recently adopted measures which may require additional work 

(a) 

Stock staking studies on transposition, implementation and application reports  

At the end of 2005, a series of studies were commissioned with a view to taking stock of the 
state  of  play  regarding  the  transposition  and  application  in  the  national  legal  orders  of  the 
Member States of all 21 labour law directives. The final output of this major exercise consists 
in a series of reports, please find the list of these reports in Annex I paragraph 1.2.4. 

The  contents  of  these  reports  have  in  the  meantime  started  to  be  used  in  recently  published 
implementation reports. That is the case of a Communication on the review of the application 

58 
59 
60 
61 
62 

Judgment of 7.9.2006, case C-484/04 
Judgment of 3.10.2000 in case C-303/98 and judgment of 9.09.2003 in case C-151/02 
COM (2007) 304 final 
SEC (2007) 747 
OJ 2008 C85/1, 4.4.2008; see also corrigendum OJ C89/18 of 10.4.2008 

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of  Directive  2002/14/EC  (information  and  consultation  of  workers)  in  the  EU63,  and  an 
accompanying Staff Working Document64. Thus, the analysis has enabled the Commission to 
identify a number of outstanding issues where correct and full transposition of the Directive's 
requirements  by  Member  States  may  be  at  stake,  necessitating  further  clarification  or 
verification. These issues raise either questions of interpretation of the Directive or doubts as 
regards  the  compliance  of  implementing  measures  with  the  Directive.  As  indicated  in  the 
implementation  report,  the  Commission  intends  to  examine  such  issues  more  closely  in  co-
operation with the national authorities of the Member States concerned.65 

Also,  the  implementation  of  Article  8  and  related  provisions  of  Directive  80/987/EC 
('employer's insolvency') was examined in a Staff Working Document66. Most Member States 
having in place specific measures aimed at meeting the requirements of Article 8 of Directive 
80/987/EEC, the results of the examination and analysis revealed nevertheless that, in certain 
cases, issues can be raised as regards the extent to which some of these measures are sufficient 
to  protect  the  interests  of  employees  and  retired  persons  in  the  event  of  insolvency  of  the 
employer. Further investigation is therefore needed in order to address the following issues: 

•   how to protect employees and retired persons against the risk of under-funding of 

the pension schemes, and to what extent;  

•   how to guarantee any unpaid contributions to the pension schemes;  

•   how to deal with cases where the supplementary pensions scheme is managed by 

the employer himself. 

It  was  announced  that  the  Commission  departments  concerned  intend  to  pursue  this 
investigation  by  means  of  bilateral  contacts  with  Member  States,  combined  with  a  specific 
study  to  be  conducted  in  cooperation  with  the  main  stakeholders.  The  Social  Protection 
Committee,  in  particular,  will  also  have  to  be  involved  in  such  a  study.  Following  the 
publication  of  a  Staff  Working  Document  in  200667  concerning  the  implementation  of 
Directive 99/71 on fixed-term work by EU-15 countries, a new report this time concentrating 
on the EU10 countries is being prepared for adoption in 2008. 

(b) 

monitoring exercise developments in Member States in the context of posting of 
workers 

In its Communication of 13 June 2007 'Posting of workers in the framework of the provision 
of  services:  maximising  its  benefits  and  potential  while  guaranteeing  the  protection  of 

63 
64 
65  

66  
67  

COM (2008) 146 final, 17.3.2008 
SEC (2008) 334 
In addition, in its conclusions the Commission indicates that it intends to take further action aimed at 
facilitating  correct  enforcement  of  the  Directive.  Knowledge  by  management  and  labour  of  their 
respective  rights  and  obligations  in  the  area  of  information  and  consultation  is  an  indispensable 
prerequisite for the full and effective exercise of these rights in the workplace. The Commission intends 
to undertake action geared to awareness-raising, as well as to promote exchange of best practices and to 
enhance  capacity-building  of  all  stakeholders,  by  way  of  seminars,  training  courses,  studies  and 
financial support for projects submitted by representatives of employers and employees. 
SEC (2008) 475 of 11 April 2008. 
SEC (2006) 1074, 11.8.2006. 

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workers'68  the  Commission  announced  its  intention  to  launch,  if  necessary,  infringements 
proceedings: 

–  to  ensure  effective  compliance  with  the  fundamental  freedoms  of  the  EC-Treaty,  as 
interpreted by the ECJ, by those Member States which impose administrative requirements 
and control measures considered incompatible with prevailing Community law, as well as  

–  to  ensure  the  conformity  with  Community  law,  as  interpreted  by  the  ECJ  notably  in  the 
judgment  "Vander  Elst",  with  respect  to  those  Member  States  which  still  require  work 
permits and other conditions to posted third country nationals who are legally staying and 
are legally employed in another Member State. 

The  responsible  services  of  the  Commission  are  finalising  the  inventory  of  issues  to  be 
tackled  and  the  Member  States  concerned.  This  may  lead  to  the  opening  of  infringement 
proceedings on the basis of Article 49 of the EC Treaty.  

(c) 

Transposition directive 2005/47 ('working time rail') 

Furthermore,  Directive  2005/47/EC  ('working  conditions  of  mobile  workers  engaged  in 
interoperable cross-border services in the railway sector') was due to be transposed by 27 July 
2008. Sectoral Social Partners are currently discussing possible amendments to this Directive, 
which  will  most  likely  have  implications  on  the  transposition  rate  of  a  number  of  Member 
States.  The  number  of  infringement  procedures  for  non  communication  may  thus  increase 
considerably. 

(d) 

European network of legal experts in the field of labour law 

The  recently  created  European  Network  of  Labour  Law  experts  produces  quarterly  flash-
reports  providing  information  on  recent  key  legal  developments  in  the  area  of  labour  law, 
particularly  in  those  areas  that  are  most  relevant  for  the  control  of  EU  legislation.  This 
systematic  reporting  and  monitoring  of  recent  developments,  carried  out  under  Commission 
supervision allows the Commission services to identify problems encountered in the national 
legislation, its application and administrative practice, and to act in a preventive manner.  

(2) 

New  measures  due  to  be  adopted  which  may  require  specific 

implementation/ transposition work 

New implementation reports currently under preparation are expected to be adopted in 2008. 
Such  reports  may  identify  situations  in  Member  States  deserving  further  legal  examination: 
Commission Reports on the implementation of Directive 2001/86/EC (European Company), 
of Directive 94/33 (Young People at Work) and of Directive 91/383/EC (Health and Safety of 
a-typical workers). 

Furthermore,  the  Commission  services'  overall  report  on  the  implementation  of  Directive 
2003/88 (working time) is being finalised. The extensive draft completed has been sent to the 
Member  States  for  their  observations  of  fact  (end  of  June  2008).  The  final  report  (which 
adoption  is  foreseen  for  second  semester  2008)  will  then  be  transmitted  to  Council  and 
European Parliament. 

68 

COM (2008) 304 final 

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53 

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(3) 

Volume  of  enquiries,  infringements  work  and  petitions  and  prioritization 
among them 

A distinction must be made between two categories of activities: 

–  The  activity  of  control,  focused  on  the  treatment  of  non-communication  and  non-
conformity cases raised by complaints or other means of information. This is expected to 
decline,  as  a  result  of  the  closing  of  "old  cases"  and  the  clear  reduction  of  legislative 
activity in this area since 2003. 

–  The  activity  of  control  based  on  horizontal  treatment  of  politically  sensitive  issues  (the 
cases of working time –see above under 2.2) and the monitoring exercise in the context of 
posting of workers launched in 200669) as well as the outcome of the cross-country studies 
launched with the aim of taking stock of transposition after 2004. This is expected to take 
up an increasing amount of time, in recognition of the complex nature of the issues under 
consideration, and also of the extreme sensitivity and visibility of such issues.  

A prioritization is clearly needed, as the potential for the multiplication of infringement cases 
as  a  result  of  the  application  of  the  horizontal  approach  can  be  significant.  A  preventive 
approach  is  preferable  in  order  to  deal  with  most  issues  and  the  launching  of  infringements 
should be reserved for the most serious cases of non-conformity. The two issues referred to 
above  –  posting  of  workers  and  working  time  –  emerge  clearly  as  candidates  for  a  priority 
treatment. However, other matters may require some degree of prioritisation. It is the case of 
failures in the implementation of the Directives on information and consultation of workers on 
fixed-term work (where a large number of complaints and petitions continue to be received) 
and  on  transfers  of  undertakings,  especially  but  not  exclusively  in  those  Member  States 
having joined the EU after 2004. 

3.2.3  Evaluation 

As  a  result  of  the  shift  towards  the  new  forms  of  control  activity  based  on  the  horizontal 
approach  and  of  the  new  legal  monitoring  tasks  so  far  not  directly  leading  to  infringements 
(posting  of  workers,  working  time)  the  overall  workload  has  increased  steadily.  Also  the 
workload for legal experts has increased as a consequence of the very significant increase in 
the number of replies to European Parliament and citizens' questions, which has followed the 
growing public and media attention given to labour law cases. In a situation characterised by a 
very  heavy  workload  for  the  service  concerned,  combined  with  considerable  fluctuations  in 
available  resources,  in  2007,  priority  has  been  given  to  the  close  monitoring  of  so  called 
article 228 proceedings and infringement procedures for the non transposition of Directives. 

On the basis of the stock taking studies regarding the transposition and application of labour 
law  directives  in  the  Member  States  as  well  as  the  implementation  reports  elaborated,  the 
Commission is currently elaborating a comprehensive overall 'state of play' summarising all 
outstanding issues which merit further examination and investigation. This will possibly lead 

69  

See Communication 'Guidance on the posting of workers in the framework of the provision of services, 
COM  (2006)  159,  4  April  2006,  and  the  accompanying  services  report  SEC  (2006)  439,  as  well  as 
Communication  'Posting  of  workers  in  the  framework  of  the  provision  of  services:  maximising  its 
benefits and potential while guaranteeing the protection of workers', COM (2007) 304, 13 June 2007, 
and the accompanying services report SEC (2007) 747. 

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54 

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to the launching of infringement procedures on a horizontal basis for at least some Directives. 
Furthermore,  in  a  number  of  situations  administrative  contacts  will  have  to  be  taken  with 
national  authorities  in  order  to  clarify  factual  issues  further  before  being  able  to  launch 
proceedings officially. 

It is expected that the launching of these new procedures will risk increasing the workload 
considerably. A further prioritization may be necessary. 

3.3  Health and safety at work 

3.3.1  Current position 

3.3.1.1  Existing measures in force 

Health and safety at work is a very developed corpus of legislation in the field of employment 
and social affairs. Its application over the last 15 years contributed to, inter alia, a substantial 
reduction of the accidents at work. 

For a list of the measures in force in that sector please refer to Annex I paragraph 1.3 

3.3.1.2  Report of work done in 2007 

It should be highlighted that the overall number of outstanding infringement proceedings for 
non communication and non conformity has decreased, mainly due to the closing of a number 
of non-communication files. 

–  Non-communication infringement cases:  

The  infringement  proceeding  launched  against  Austria  for  failure  to  transpose  Directive 
2001/45/EC  on  Safety  and  health  at  work,  work  equipment,  was  closed  following  the 
judgement of the Court of Justice in the Commission's favour and the communication of the 
necessary 
transposition  measures  by  Austria.  The  infringement  proceedings  against 
Luxembourg,  which  had  failed  to  notify  the  national  measures  transposing  Directives 
2002/44/EC  on  the  minimum  health  and  safety  requirements  regarding  the  exposure  of 
workers  to  vibration  and  2003/10/EC  on  the  minimum  health  and  safety  requirements 
regarding the exposure of workers to noise was closed further to the adoption of the necessary 
national  measures.  Even  though  the  failure  by  both  Austria  and  Germany  to  transpose 
Directive  2002/44/EC  was  referred  to  the  Court  of  Justice,  the  cases  were  withdrawn  after 
notification of the necessary transposition measures. In the cases against Austria and Germany 
regarding the non-communication of the transposition measures for Directive 2003/10/EC, a 
reasoned opinion was sent and the cases was subsequently closed further to the adoption of 
the  necessary  national  measures.  In  the  context  of  the  follow-up  of  EU10  and  EU2 
enlargement,  a  letter  of  formal  notice  was  also  sent  to  Romania  for  failure  to  communicate 
national measures transposing Directive 2003/10/EC. This infringement could be closed after 
notification  of  the  appropriate  national  measures.  The  proceedings  against  Estonia,  France, 
Portugal and United Kingdom for failure to transpose Directive 2003/18/EC on the protection 
of workers from the risks related to exposure to asbestos at work were also closed further to 
the sending of a reasoned opinion and to the communication of the measures transposing that 
Directive  into  national  law.  The  proceeding  against  Luxembourg  for  failure  to  transpose 

EN 

55 

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Directive  2003/18/EC  was  referred  to  the  Court  of  justice70  but  the  Commission  decided  to 
withdraw  the  case  as  the  necessary  national  transposition  measures  were  notified.  As  for 
Austria's  failure  to  transpose  Directive  2003/18/EC,  a  reasoned  opinion  was  sent  and 
subsequently the decision was taken to refer the case to the Court of Justice. 

The  Commission  sent  8  letters  of  formal  notice  for  failure  to  notify  in  time  measures  to 
transpose Directive 2006/15/EC due for transposition on 1st September 2007 against Austria, 
Czech Republic, Germany, Denmark, Hungary, Italy, Luxembourg and United Kingdom.  

–  Non-conformity infringement cases:  

As  regards  problems  of  non-conformity  of  the  transposition  of  the  framework  directive 
89/391/EEC  and  of  its  individual  directives,  many  proceedings  in  progress  continued.  For 
example,  in  the  case  against  United  Kingdom  concerning  the  "as  far  as  it  is  reasonably 
practicable" clause, the Court of Justice dismissed the action of the Commission71. In the case 
against Austria72, a letter of formal notice under Article 228 of the EC Treaty was sent since 
certain  announced  measures  had  not  been  notified.  These  measures  were  subsequently 
notified and the case was closed. The proceeding against France73, concerning the application 
of the provisions of Directive 89/391/EEC to RATP and SNCF, continued. A letter of formal 
notice was sent to Poland for non-conformity of the transposition of certain provisions of the 
above mentioned Directive. 

In  relation  to  individual  directives,  it  should  be  mentioned  that,  as  regards  Directive 
92/57/EEC, the proceeding initiated against Italy74, concerning the incorrect transposition of 
the  obligation  to  appoint  one  or  more  coordinators  for  safety  and  health  matters  for  any 
construction site on which more than one enterprise is present, followed its course before the 
Court  of  Justice.  Similarly,  the  proceeding  launched  against  Sweden  followed  its  course.  A 
letter of formal notice was sent to Denmark concerning the incorrect transposition of several 
provisions of this individual directive. 

The monitoring activities performed by the Commission in 2007 have not been limited to the 
infringements proceedings as the work on the analysis of the national legislation continued as 
well  as  technical  meetings  were  held  and  pre-226  letters  were  sent  to  numerous  Member 
States. 

–  EU10 and EU2 enlargement follow-on: 

During 2007, works continued as regards the follow-up of the EU10 and EU2 enlargements. 
The  monitoring  of  the  communication  of  the  national  measures  transposing  the  health  and 
safety  at  work  directives  as  well  as  the  preliminary  analysis  of  the  contents  of  Directives 
89/391/EC, 89/654/EC and 89/655/EC in some Member States resulted in bilateral technical 
meetings  or  the  sending  of  several  administrative  letters  to  Hungary,  Czech  Republic  and 
Romania  requesting  further  information  on  some  transposition  issues.  This  analysis  also 

70 
71 
72 
73 
74 

Case C-325/07 
Case C-127/05, judgment of 14 June 2007 
C-428/04 
Pending Case C-226/06 
Pending case C-504/06 

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resulted,  in  some  cases,  in  the  launching  of  infringement  proceedings  either  for  non-
communication or non-conformity. 

Petitions 

There are 6 open petitions before the Petitions Committee. The number is supposed to remain 
stable.  In  the  area  of  health  and  safety  at  work,  the  petitions  concern  in  general  individual 
cases of application of EU directives that should be treated at national level. 

3.3.2  Changes underway 

(1) 

Recently adopted measures due to enter into force which may require additional work 

Directive 2006/25/EC on optical radiation is due for transposition on 27 April 2010. A letter 
was sent to Member States recalling their obligations as regards its transposition. A meeting 
with representatives from the Member State authorities responsible for the transposition of the 
directive will be organised and held during the second semester 2009 with a view to having an 
exchange of views on the state of play and on any possible difficulties encountered.  

(2) 

be 
New  measures 
implementation/transposition work 

due 

to 

adopted  which  may 

require 

specific 

A  Commission  Directive  establishing  a  third  list  of  indicative  occupational  exposure  limit 
values  in  implementation  of  Council  Directive  98/24/EC75  will  probably  be  adopted  during 
the last quarter of 2008.  

The  envisaged  Commission's  proposal  to  modify  Directive  2000/54/EC  which  aims  to 
improve the protection against needlestick injuries at the healthcare sector, will probably be 
adopted by the Commission in November 2008.  

Control of communication and control of conformity of national measures will therefore have 
to be carried out. 

(3) 

Volume  of  enquiries,  complaints,  complaints,  infringements  work  and  petitions,  and 
prioritization among them: 

The Resolution of European Parliament of 15 January 2008 on the Health and Safety Strategy 
2007-201276 expressly requests to the Commission to intensify its works on the monitoring of 
the transposition of the health and safety at work directives.  

The  analysis  of  the  conformity  of  all  the  health  and  safety  at  work  directives  should  be 
indicated  as  a  priority  issue  as  an  incorrect  transposition  could  be  a  source  of  occupational 
accidents or diseases, with particular serious negative consequences in terms of human lives 
or  physical  integrity  and/or  important  economic  impact  for  the  society  and  the  concerned 
enterprises.  

75 

76 

Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from 
the risks related to chemical agents at work. OJ L 131, 5.5.1998, p. 11 
Resolution 2007/2146 

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However,  as  the  analysis  of  all  provisions  and  annexes  of  the  health  and  safety  at  work 
directives is a highly time-consuming task requiring highly specialised human resources (not 
only lawyers but also doctors, chemical engineers, mines engineers, etc.), a prioritisation was 
essential. 

Priority  was  given  to  the  analysis  of  the  conformity  of  the  transposition  of  Framework 
directive  89/391/EEC,  which  establishes  the  main  principles  of  prevention  of  occupational 
risks  that  apply  to  all  sectors  of  activity.  To  continue  these  works  as  regards  the  correct 
transposition in the 12 new Member States will remain a priority for the Commission, which 
will launch infringement proceedings when necessary. 

The  works  on  the  analysis  of  the  conformity  of  Framework  Directive  89/391/EEC  are 
particularly  complex  and  time-consuming  due  to  the  high  number  of  pieces  of  legislation 
communicated by Member States to the Commission as implementing measures (eg. in some 
cases more than 70 separate measures). Another main priority for 2008 is given to the analysis 
of  the  conformity  of  5  individual  directives  related  to  the  highest  risk  sectors:  construction 
(directive 92/57/EEC), maritime sector (directives 92/29/EEC and 93/103/EC) and extractive 
industries  (directives  92/91/EEC  and  92/104/EEC).  In  particular,  the  first  results  of  the  on-
going analysis of the transposition of Directive 92/57/EEC lead in certain cases to meetings 
with the national authorities, pre-226 letters and to the opening of a number of infringement 
proceedings,  when  necessary.  It  is  in  these  sectors  of  activity  that  occur  the  major  part  of 
occupational accidents in EU. A complete and correct transposition is a pre-condition for an 
effective application. 

These priorities are in line with the main objectives of the Community Strategy 2007-2012 on 
Health  and  safety  at  Work77  in  particular  those  of  reducing  occupational  accidents  and 
diseases and guaranteeing the proper implementation of EU legislation. 

3.3.3  Evaluation 

Accidents  at  work  and  work-related  ill  health  are  a  heavy  burden  in  social  and  economic 
terms, and action to improve health and safety standards at work offers great potential gains 
not only to employers, but also to individuals and society as a whole. The scale of the problem 
is  illustrated  by  the  number  of  accidents  at  work.  According  to  European  Statistics  on 
Accidents  at  Work (ESAW), about 4 million accidents at work resulting in more than three 
days off work occurred in EU-15 in 2004. If accidents causing no absence from work or an 
absence of up to 3 days are added, the estimated total number rises to more than 6 million. In 
2004 there were about 4 400 fatal accidents at work. 

The implementation of the EU directives in the field of health and safety at work is bearing 
fruit at European level. Over the period 2000-2004, the rate of fatal accidents at work in the 
EU-15 has fallen by 17% while the rate of workplace accidents leading to absences of more 
than three days has fallen by 20%.  

It is essential that the Community acquis be implemented effectively in order to protect the 
lives and health of workers and ensure that the companies operating within the large European 
market are placed on an equal footing. 

77 

COM(2007) 62 

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The  difficulties  to  establish  and  follow  a  rigid  prioritisation  for  the  monitoring  of  EU 
directives should be highlighted in the field of health and safety at work.  

On the one hand, Member States adopt continuously new legislation in the field of Directive 
89/391/EEC and its individual directives, requesting the Commission to focus on these new 
changes that often are not officially communicated to it. This makes the conformity analysis a 
never  ending  exercise.  On  the  other  hand,  the  dialogue  established  with  the  national 
administrations  determines  the  follow-up  and  calendar  of  the  procedure.  Moreover, 
complaints, petitions, Parliamentary questions or mail from the citizens raise in certain cases 
non-conformity  issues  that  need  to  be  urgently  investigated,  requesting  an  adaptation  of  the 
work plan.  

The  acquis  in  the  field  of  health  and  safety  at  work  constantly  needs  to  be  up-dated  or 
completed with a view to adapting it to new risks or to technical changes. Furthermore, the 
acquis  is  subject  to  periodical  reviews  as  regards  possibilities  for  simplification  (exercises 
"Molitor" (1995), "SLIM" (1996), "Best" (1998), "Better Regulation" (2002), "Administrative 
costs" (on-going), "SBA" (2008), etc). Major efforts of simplification have been deployed in 
the past in  the particular  area of health and safety  at work (repealing of directives 80/1107, 
82/605  and  88/364  by  directive  98/24,  codification  of  directives  "biological  agents", 
"carcinogens  agents"  as  well  as  the  on-going  works  on  "work  equipment"  and  "asbestos", 
amendment  of  Directive  89/391  as  regards  the  practical  implementation  reports).  Moreover, 
the  candidate  countries  are  constantly  being  monitored  and  necessary  assistance  provided 
regarding  the  approximation  of  laws  with  the  EU  acquis  in  the  area  of  health  and  safety  at 
work.  

3.4  Anti-discrimination and gender equality 

3.4.1  Current position  

3.4.1.1  Existing measures in force 

For a list of the measures in force in that sector please refer to Annex I paragraph 1.4 

3.4.1.2  Report of work done in 2007 

Anti-discrimination 

All the Member States have now transposed Directives 2000/43/EC and 2000/78/EC based on 
Article  13  EC.  Nevertheless, 
incorrect 
transposition of these Directives.  

infringement  proceedings  remain  open  for 

Concerning  Directive  2000/43/EC,  17  Member  States  have  received  a  reasoned  opinion  for 
incorrect transposition: Belgium, Denmark, France, Greece, Ireland, Italy, Portugal, Sweden, 
United Kingdom, Latvia, Lithuania, Poland, Estonia, Slovenia, Slovakia, Czech Republic and 
Finland. A complementary letter of formal notice has been sent to the Netherlands and Malta, 
while Austria and Germany have received letters of formal notice. 

As  far  as  Directive  2000/78/EC  is  concerned,  10  Member  States  have  been  sent  reasoned 
opinions  for  incorrect  transposition  of  the  Directive  (Czech  Republic,  Estonia,  Finland, 
Greece, Hungary, Ireland, Italy, the Netherlands, Sweden and France). Three Member States 
have  received  complementary  letters  of  formal  notice  (Latvia,  Lithuania  and  United 

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Kingdom) and 9 have received letters of formal notice: Denmark, Poland, Portugal, Slovakia, 
Spain, Malta, Belgium, Austria and Germany. 

In  this  field  dealing  with  fundamental  rights,  the  Commission  departments  made  a  detailed 
monitoring  of  national  laws.  This  might  explain  the  high  number  of  infringement  cases, 
together  with  other  factors,  in  particular  the  novelty  of  the  legislation,  the  complexity  of 
transposing complex notions (direct and indirect discrimination, reasonable accommodation, 
etc.). 

It is expected that following the first two stages of the infringement proceedings, the dialogue 
between the Member States and the Commission and the new texts of law adopted by certain 
Member States will allow the Commission to close a substantive number of cases and reduce 
the number of remaining grievances. 

Gender equality 

Nine Member States have been notified letters of formal notice for non-communication of the 
national  measures  to  transpose  Directive  2004/113/EC  into  domestic  law:  Cyprus,  Czech 
Republic,  Greece,  Ireland,  Malta,  Poland,  Portugal,  Romania  and  the  United  Kingdom.  The 
case  against  Portugal  will  be  closed  in  the  near  future  since  this  Member  State  has  now 
notified national measures. 

As  regards  Directive  2002/73/EC,  one  infringement  procedure  for  non  communication 
remains  open,  against  Belgium.  Following  the  judgment  of  the  Court  of  Justice  in  case  C-
340/07, Luxembourg has recently notified its national implementing measures.  

22  Member  States  have  received  letters  of  formal  notice  for  incorrect  transposition  of 
Directive  2002/73/EC  into  their  domestic  law:  Austria,  Germany,  Estonia,  Finland,  Poland, 
Lithuania,  Czech  Republic,  Denmark,  Ireland,  Latvia,  Slovakia,  Slovenia,  United  Kingdom, 
Cyprus, Greece, France, Hungary, Italy, Portugal, Sweden, Malta and the Netherlands. 

In  this  field  dealing  with  fundamental  rights,  the  Commission  departments  made  a  detailed 
monitoring of national laws. This might again explain the high number of infringement cases, 
together with other factors, in particular the complexity of transposing complex notions. 

Also  in  that  case,  it  is  expected  that  following  the  first  two  stages  of  the  infringement 
proceedings, the dialogue between the Member States and the Commission and the new texts 
of  law  adopted  by  certain  Member  States  will  allow  the  Commission  to  close  a  substantive 
number of cases and reduce the number of remaining grievances. 

Finally,  five  Member  States  received  letters  of  formal  notice  for  incorrect  transposition  of 
Directive 96/34/EC: Malta, Latvia, Hungary, Cyprus and Estonia. 

There  are  no  open  cases  under  Article  228  of  the  EC  Treaty.  Nevertheless,  following  the 
expected  judgment  in  case  C-543/07  (Belgium)  concerning  Directive  2002/73/EC,  an 
infringement procedure under Article 228 of the EC Treaty could be launched in the second 
half of 2008. 

Petitions 

There are 28 open petitions before the Petitions Committee. 

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3.4.2  Changes underway 

(4) 

Recently adopted measures which may require additional work 

The deadline for transposition of Directive 2004/113/EC implementing the principle of equal 
treatment between men and women in the access to and supply of goods and services, was 21 
December  2007.  Its  Article  16  states  that  the  Commission  shall  present  a  report  on  the 
practices  of  Member  States  concerning  insurance.  The  Commission  announced,  during  the 
negotiations in Council of this Directive, its intention to set up a working group composed of 
representatives of Member States and stakeholders. The group should start working at the end 
of 2008 or beginning of 2009. 

Directive  2006/54/EC  is  due  to  be  transposed  by  15  August  2008.  The  Network  of  Legal 
Experts  on  Gender  Equality  will  be  asked  to  deliver  a  report  on  the  implementation  of  this 
Directive in all Member States. 

Since this Directive recasts several existing Directives but does not introduce very significant 
substantial  changes,  it  is  expected  that  the  monitoring  will  lead  to  only  a  small  number  of 
infringements.  

As  far  as  gender  equality  is  concerned,  several  legislative  initiatives  are  included  in  the 
Commission's  Legislative  Work  Programme  for  2008:  the  review  of  the  current  legal 
framework  on  reconciliation  of  work  and  family  or  private  life  (including  Directives 
92/85/EEC  and  96/34/EC),  but  also  the  review  of  Directive  86/613/EEC.  At  this  stage,  the 
content  of  the  "reconciliation  package"  is  not  clear  since  it  depends  on  the  decision  of 
European social partners to start formal negotiations on certain parts of the package. 

The  effectiveness  of  the  existing  Community  law  concerning  the  principle  of  equal  pay  for 
equal  work  or  work  of  equal  value  is  being  analysed  in  2008.  If  necessary,  legislative 
proposals could be made in 2009, based on this analysis. 

(5) 

New measures due to be adopted which may require specific implementation/ 
transposition work 

The  Commission  should  present  in  2008  a  proposal  for  a  new  Directive  prohibiting 
discrimination on certain of the grounds listed in Article 13 ECT. 

Following  the  experience  with  the  previous  two  anti-discrimination  Directives  (2000/43/EC 
and  2000/78/EC),  the  Commission  could  envisage  creating  an  expert  group  to  manage  the 
transposition  of  this  Directive  by  Member  states,  in  order  to  reduce,  as  far  as  possible,  the 
number of infringement proceedings. 

Since the new Directive will built on notions already existing in Directives 2000/43/EC and 
2000/78/EC and already transposed into national laws, the number of infringement cases for 
incorrect transposition of this Directive can be expected to be low. 

(6) 

Volume  of  enquiries,  infringements  work  and  petitions  and  prioritization 
among them 

Since  all  the  legal  texts  implement  fundamental  rights  (gender  equality  and  anti-
discrimination), it makes it very difficult to set priorities. On the other hand, the nature of the 

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legislation,  as  well  as  its  innovative  character  requires  additional  care  when  assessing  its 
conformity. 

In the future, close cooperation with National Equality Bodies (which are already in place for 
gender and race) could allow a quicker handling of some complaints. Furthermore, Equality 
Bodies  which  contribute  to  a  better  application  of  Community  law  in  Member  States  could 
lead to a reduction of the number of complaints lodged by citizens with the Commission. 

The number of cases open is not expected to decrease, since the deadline for implementation 
of  two  Directives  has  just  recently  expired  (Directive  2004/113/EC)  or  will  expire  in  the 
coming  months  (Directive  2006/54/EC).  This  will  certainly  lead  to  non-communication  and 
non-conformity proceedings in the next future. 

It is therefore intended to organise the work according to the following order of priority: 

(a) 

(b) 

(c) 

(d) 

Infringements for non-communication of national measures: The existing cases 
will  be  pursued,  concerning  Directives  2002/73/EC  and  2004/113/EC.  It  is 
expected  that  some  new  cases  for  non-communication  will  have  to  be  open 
during the second semester of 2008 concerning Directive 2006/54/EC. 

Infringements for incorrect transposition of Directive 2002/73/EC: In view of 
the  importance  of  this  Directive,  it  will  be  considered  a  priority  among  the 
cases of incorrect transposition. The reasoned opinions will, when needed, be 
sent during the first semester 2008 and throughout the second semester 2008. 

Infringements  for  incorrect  transposition  of  Directives  2000/43/EC  and 
2000/78/EC: The follow-up of the procedures concerning both Directives will 
be done mainly during the second half 2008 and the first half 2009. 

Infringements  for  other  Directives:  Currently,  25%  of  the  infringement  cases 
open  do  not  concern  one  of  the  Directives  listed  in  the  precedent  priorities. 
Considering the workload a prioritisation on all these cases must be done. 

Petitions 

The  management  of  petitions  remains  a  priority,  since  petitions  are  an  extremely  valuable 
source of information concerning the implementation of Community law by Member States. 

Currently,  28  petitions  remain  open.  It  is  expected  that  the  number  will  remain  stable  or 
slightly  increase,  mainly  as  a  consequence  of  new  legislative  proposals  which  attract  media 
attention. 

3.4.3  Evaluation 

Most of the legislation on gender equality has been in place for a long time. The most recent 
Directives  amend  a  previous  Directive  (2002/73/EC)  or  recasts  different  Directives 
(2006/54/EC).  Directive  2004/113/EC  is  a  novelty  following  the  changes  introduced  by  the 
Amsterdam  Treaty,  since  it  applies,  for  the  first  time,  the  principle  of  equal  treatment  in 
access to and provision of goods and services. 

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The  legal  framework  on  gender  can  be  considered  stable  and  performing.  This  is  an  area 
where  EU  law  was  clearly  the  driver  for  action  at  national  level.  In  the  next  future,  the 
legislative  initiatives  envisaged  will  essentially  update  and  modernize  the  existing  legal 
framework, with less substantial changes and therefore less infringement proceedings. On the 
other hand, it is expected that national Equality Bodies will contribute to  a reduction of the 
number of complaints concerning this area of Community law. 

As far as anti-discrimination is concerned, the Commission has adopted a proposal for a new 
Directive on the 2nd July 2008. Once adopted, the Directive will extend the protection outside 
employment for age, religion, sexual orientation and disability. 

Based  on  previous  experience  it  is  likely  that  this  new  legal  text  will  require  monitoring  to 
ensure  its  transposition  and  conformity.  The  Commission  will  try  to  limit  the  number  of 
infringement  proceedings  by  the  setting-up  of  a  group  of  experts  in  order  to  discuss  the 
implementation of the Directive by Member States. 

In  general,  it  is  expected  that  national  Equity  Bodies  will  contribute  to  a  reduction  of  the 
number of complaints concerning this area of Community law. 

For  the  next  future,  the  Commission  intend  to  use  extensively  ways  of  problem  resolution 
alternative  to  infringement  proceedings  (EU  Pilot)  but  also  external  expertise  (Equality 
Bodies,  Network  of  Independent  Legal  Experts).  Together  with  the  prioritisation  set  above, 
this should allow the management of a workload which is not expected to decrease. 

4  AGRICULTURE AND RURAL DEVELOPMENT 

4.1  Current position 

Since  1962  the  Common  Agricultural  Policy  (CAP)  has  established  a  comprehensive  legal 
framework for European agriculture aiming to achieve the objectives set out in the EC Treaty. 
As a fully integrated common policy it replaces a significant amount of national legislation. It 
has  largely  accomplished  its  objectives  while  alleviating  the  social  impact  of  agricultural 
restructuring. As a corollary, farmers and administrations have to deal with a complex set of 
rules and measures contained in 2436 acts of secondary law currently in force. Most of those 
acts  are  Council  or  Commission  Regulations  that  are  "binding  in  their  entirety  and  directly 
applicable  in  all  Member  States"  .  Access  to  agricultural  legislation  has  been  improved  by 
developments in IT tools. All Community legislation is now freely available via the EUR-Lex 
website. Consolidation and codification of legal texts both make the acquis more accessible to 
citizens and improve legal certainty. 

The CAP is unique in the extent to which it is regulated and financed at EU level. Its common 
approach, in particular, to the single market, makes it possible to guarantee the functioning of 
an internal market of agricultural products. An EU framework ensures that rural development 
programs are carried out under common rules without creating unfair competitive advantages. 
Basic  standards  in  the  field,  for  example,  of  organic  farming  and  labelling  are  settled  on  a 
common  basis.  This  requires  robust  legislation,  and  effective  financing  and  monitoring 
mechanisms to protect the public interest and ensure accountability.  

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Taking into account the significant volume of agricultural law and the 50 years history of the 
CAP (Stresa Conference dated July 1958), it may be considered as a quite stable acquis that, 
on  the  one  hand,  is  subjected  to  frequent  technical  modifications  under  the  comitology 
procedure,  and  to  the  other  hand,  undergoes  on  a  regular  basis,  much  more  profound 
modifications.  The  last  one  of  these,  the  2003  reform,  brought  about  radical  change  to  the 
CAP,  especially  its  income  support  policy.  It  established  the  single  payment  scheme  where 
direct  income  support  for  farmers  is  largely  decoupled  from  production  and  introduced 
mandatory  cross-compliance  obligations  (see  Council  Regulation  (EC)  No  1782/200378).  It 
also established comprehensive common rules for direct support in most sectors.  

The  policy  is  now  divided  into  two  pillars:  the  first  pillar  consists  of  a  framework  for 
supporting  the  income  of  farmers  through  the  payment  of  direct  aid  and  a  system  for 
managing  and  supporting  agricultural  markets.  The  second  pillar  of  the  CAP  provides  a 
framework  to  support  the  development  of  rural  areas  of  the  Community.  The  first  pillar  is 
100% financed by the Community budget, whereas the second pillar is co-financed between 
the  Community  budget  and  the  Member  States.  Beginning  on  1st  January  2007  the 
programmes  for  rural  development  have  been  implemented  on  the  basis  of  a  new  strategic 
planning model based on a Community framework positions and national strategic plans (see 
Council Regulation (EC) No 1698/200579 ). 

Since  the  2007  financial  year  the  financing  of  the  CAP  is  regulated  by  the  Regulation  N° 
1290/200580  ,  which  introduced  two  distinct  funds.  The  first  pillar  is  now  financed  by  the 
European Agricultural Guarantee Fund (EAGF) and the second pillar (rural development) is 
financed under the European Agricultural Fund for Rural Development (EAFRD).  

The  implementation  of  the  CAP  is  a  joint  responsibility  between  the  Commission  and  the 
Member States, referred to as shared management. While the Commission is responsible for 
the  overall  legal  framework  and  for  implementation  of  the  budget,  under  the  shared 
management  concept,  the  responsibility  for  implementation  at  the  level  of  the  final 
beneficiaries  has  been  delegated  to  the  Member  States.  The  extent  of  the  responsibilities  of 
the  Members  States  may  in  particular  be  considered  very  extensive  as  regards  the 
implementation  of  the  measures  of  the  second  pillar  for  which  a  "bottom  up"  approach  has 
been followed that leaves to the Member States, regions and Local Action Groups much more 
latitude in adjusting the programmes to locals needs. 

78 

79 

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Council  Regulation  (EC)  No  1782/2003  of  29  September  2003  establishing  common  rules  for  direct 
support  schemes  under  the  common  agricultural  policy  and  establishing  certain  support  schemes  for 
farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) 
No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 
2358/71 and (EC) No 2529/2001 
Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the 
European Agricultural Fund for Rural Development (EAFRD) – See also Commission Regulation (EC) 
No  1974/2006  of  15  December  2006  laying  down  detailed  rules  for  the  application  of  Council 
Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for 
Rural  Development  (EAFRD)  and  Commission  Regulation  (EC)  No  1975/2006  of  7  December  2006 
laying  down  detailed  rules  for  the  implementation  of  Council  Regulation  (EC)  No  1698/2005,  as 
regards  the  implementation  of  control  procedures  as  well  as  cross-compliance  in  respect  of  rural 
development support measures 
Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural 
policy 

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To  ensure  that  the  European  Commission's  responsibility  for  the  adoption  of  secondary 
legislation  is  exercised  in  close  consultation  with  the  governments  of  the  Member  States, 
various committees of government representatives have been set up by the Commission and 
are  chaired  by  a  Commission's  representative.  The  Commission  has  thus  developed  a  long 
tradition of cooperation with Member States that offers the possibility to discuss and prepare 
the  implementation  of  common  rules  and  to  prevent  or  solve  problems  related  to  their 
application at an early stage.  

Since  the  Green  Paper  of  1985,  the  CAP  has  been  submitted  to  a  continuing  and  regular 
process  of  reform,  this  policy  also  contributed  significantly  to  the  regulatory  simplification 
process  notably  in  2007  by  the  adoption  of  the  single  Common  Market  Organisation 
regulation (see below).  

4.1.1  Report of work done in 2007 

4.1.1.1  Actions under Article 226 and 228 EC 

In  the  area  of  agriculture  and  rural  development,  monitoring  the  application  of  Community 
law  under  Article  226  of  the  EC  Treaty  procedure  concentrates  on  two  main  objectives: 
removing  barriers  to  the  free  movement  of  agricultural  produce  and  ensuring  that  the  more 
specific mechanisms of agricultural regulations are applied effectively and correctly. 

The examination of complaints from citizens and companies and internally detected cases led 
the Commission gave grounds to intervention to the Member States in 64 cases and justified 
the use of article 226 EC in the following situation. 

After  the  judgment  of  the  Court  of  Justice  in  Case  C-147/0481  ,  the  Commission  in  2006 
addressed a reasoned opinion to France concerning the prohibition to market shallots grown 
from  seeds  under  the  designation  "shallots"  although  such  seed  shallots  are  produced  and 
marketed under that name in other Member States. The French authorities reserved the trade 
designation  "shallot"  for  vegetables  produced  by  vegetative  propagation  and  products  not 
satisfying  these  criteria  could  circulate  only  under  the  denomination  "onion/shallot". 
Therefore, instead of dealing with the question of consumer protection by way of neutral and 
objective labelling as envisaged by the Court, the French authorities maintained a barrier to 
trade contrary to Article 28 of the EC Treaty. Following consultations with the Commission in 
2007,  France  brought  the  national  legislation  into  line  with  Community  law  and  permitted 
marketing  of  seed  shallots  under  the  denomination  "shallot"  followed  by  the  indication 
"originating from seeds" ("issues de semis"). 

In  the  context  of  ensuring  that  the  specific  mechanisms  of  the  agricultural  regulations  are 
properly applied in the Member States, specific attention continued to be paid in 2007 to the 
application of the milk quota regime. Particular attention was devoted to its application in new 
Member  States,  in  parallel  with  a  special  enquiry  in  this  area  conducted  by  the  Court  of 
Auditors.  

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Judgement of 10 January 2006 , in Case C- 147/04, De Groot en Slot Allium BV and Bejo Zaden BV v 
Ministre de l'Économie, des Finances et de l'Industrie and Ministre de l'Agriculture, de l'Alimentation, 
de la Pêche et des Affaires rurales, Rec. 2006, p.I-245. 

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Furthermore, the Commission also examined the compatibility of certain national rules on the 
obligatory indication of origin for olive oil in Italy.  

Particular  attention  has  been  paid  to  the  treatment  of  instances  of  non-compliance  with  the 
Court  judgments.  In  2007,  this  resulted  in  proceedings  against  Portugal.  The  Commission 
took has action against Portugal for the failure to implement a judgment of the Court where 
the Court declared that, by levying charges on beneficiaries  during the programming period 
1994-1999  which  were  neither  voluntary  nor  optional  and  which  did  not  constitute 
remuneration  for  services  rendered  by  the  administration,  but  rather  served  to  finance  tasks 
for  which  the  Portuguese  State  is  responsible,  the  Portuguese  Republic  failed  to  fulfil  its 
obligations under Council Regulation (EEC) No 4253/88, as amended by Council Regulation 
(EEC) No 2082/9382 . The Commission considers that by limiting, for administrative reasons, 
the reimbursement of the illegal charges to beneficiaries introducing a request within the final 
deadline  of  one  month,  Portugal  did  not  fulfil  its  obligation  to  implement  the  Court's 
judgement  correctly  in  view  of  the  principles  of  effectiveness  and  proportionality.  For  this 
reason  the  Commission  opened  Article  228  infringement  proceedings  against  Portugal  in 
2007.  

4.1.1.2  Petitions.  

In  2007  the  Commission  received  11  petitions  related  to  agriculture  which  covered  a  wide 
range  of  issues  such  as  drinking  water  supply  in  Romania,  reform  of  the  sugar  industry  in 
Ireland, protection of the designation of origin for a Tuscan cheese in Italy. Examination of 
these issues did not reveal violations of Community law by Member States.  

4.1.1.3  Implementation  of  the  Commission  communication  on  better  monitoring  of  the 

application of Community law COM(2002)725 

In  the  field  of  prevention  the  Commission  continues  to  be  active  as  the  following  actions 
demonstrate it. 

4.1.1.4  Technical standards notifications (Directive 98/34/EC) 

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  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  rules  containing  technical 
standards or rules in order to avoid creating new barriers to trade in the internal market. In this 
context,  in  2007  the  Commission  examined  121  notifications  relating  to  the  agricultural 
sector. Examination of these draft texts led the Commission to issue five comments and three 
detailed  opinions  calling  for  the  notifications  to  be  brought  into  line  with  Community  law. 
Furthermore, regarding a notification concerning Spain's draft Decree concerning fruit juices 
the  Commission  issued  a  "blockage"  on  the  draft  national  measure  for  a  period  of  twelve 
months as the Commission intended to legislate on the subject covered by it.  

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Judgement  of  5  October  2006  in  case  C-  84/04,  Commission  v.  Portuguese  Republic,  Rec  2006,  p.I-
9843 

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4.1.1.5  Comitology 

The Commission makes use of a wide range of instruments and initiatives aimed at promoting 
better  implementation  and  at  identifying  and  addressing  potential  problems  as  early  as 
possible. In this regard, 256 meetings of 31 management and regulatory committees offered 
the possibility to discuss the difficulties in the implementation of the rules of the CAP with 
the  representatives  of  the  Member  States  concerned  and  to  remind  them  of  their  duty  to 
comply with Community law . Moreover, in 2007 the Commission was assisted by a number 
of advisory, permanent and temporary groups of experts (in total 112). These contacts helped 
to clarify facts and rule out misunderstandings. Moreover, a register of interpretative notes on 
agricultural law was established by the Commission services (called RIPAC) for a long time 
and  is  still  in  use.  The  notes  are  usually  drawn  up  as  a  result  of  a  written  or  oral  question 
posed  by  a  Member  State.  In  2007,  two  new  interpretative  notes  have  been  issued:  one 
concerning the sugar sector (on the treatment of quantities of isoglucose) and the other related 
to the marketing standards for eggs ( producer code)."  

4.1.1.6  Assessment of rural development programs 

During  2007  the  new  rural  development  programs  were  submitted  to  the  Commission  for 
appraisal. Indeed, on 1st January 2007, rural development policy entered the new 2007-2013 
programming  period  with  the  establishment  of  national  strategy  plans  and  the  national  or 
regional developments programs. The core task for Rural Development in 2007 was thus the 
evaluation of the national strategy plans and the approval of the 94 programmes for the new 
period. The approval process accelerated during the year and a total of 54 programmes were 
formally  approved  by  the  Commission  in  2007.  In  addition,  16  programmes  received  a 
favourable  opinion  of  the  Rural  Development  Committee  at  its  meeting  in  December  2007, 
and  for  9  other  programmes  the  main  preparatory  work  was  finished  by  the  end  of  2007. 
These 25 programmes will be formally approved by the Commission in early 2008 following 
the carry-over of commitment appropriations from 2007 to 2008, according to Article 9(2) of 
the  Financial  Regulation.  Furthermore,  within  the  framework  of  the  Rural  Development 
policy,  additional  aid  provided  by  Member  States  in  the  development  programs  have  also 
been checked. 

4.1.1.7  EU 10 and EU 2 enlargement follow-up.  

Transposition of agricultural directives did not create any major issues in 2007. Bulgaria and 
Romania  communicated  all  national  measures  which  adequately  transpose  all  agricultural 
directives into their national law.  

Bulgaria and Romania have been audited several times in 2007 in the context of clearance of 
accounts procedure (see below). In autumn 2007, the Commission started the administrative 
procedure  for  the  application  of  the  safeguard  mechanism  laid  down  in  Commission 
Regulation  (EC)  No  1423/2006  in  respect  of  Romania.  However,  following  the  final  report 
from  an  independent  body  on  the  situation,  the  Commission  eventually  decided  to  halt  the 
procedure and not to impose any safeguard measures on Romania. The deficiencies found are, 
however, being followed-up through normal conformity procedures. 

4.1.1.8  Conformity clearance 

According to the principle of shared management, Member States are responsible for paying 
subsidies under the common agricultural policy to the final beneficiaries. The Commission for 

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its  part  controls,  mostly  by  means  of  on-the-spot  audits,  whether  the  expenditure  has  been 
effected  by  Member  States  in  conformity  with  Community  rules  and,  where  this  is  not  the 
case, excludes the expenditure concerned from Community financing (financial corrections). 
This mechanism, called conformity clearance, has over the years proven to be a very effective 
and  efficient  mechanism  for  the  Commission  to  protect  the  Community's  financial  interests 
and to assume its role as guardian of the Treaty. 

The conformity clearance shields the Community budget from expenditure which should not 
be  charged  to  it.  In  contrast,  it  is  not  a  mechanism  by  which  irregular  payments  to  final 
beneficiaries are recovered, which according to the principle of shared management is the sole 
responsibility  of  Member  States.  Financial  corrections  are  determined  on  the  basis  of  the 
nature  and  gravity  of  the  infringement  and  the  financial  damage  caused  to  the  Community. 
Where  possible,  the  amount  is  calculated  on  the  basis  of  the  loss  actually  caused  or  on  the 
basis of an extrapolation. Where this is not possible, flat-rates are used which take account of 
the severity of the deficiencies in order to reflect the financial risk for the Community. 

Where  individual  irregular  payments  are  or  can  be  identified  as  a  result  of  the  conformity 
clearance  procedures,  Member  States  are  required  to  follow  them  up  by  recovery  actions 
against the final beneficiaries. However, even where this is not possible because the financial 
correction in question relates exclusively to deficiencies in the Member State's management 
and control system, the correction is an important means  to improve the functioning of that 
system and thus to prevent or detect and recover irregular payments to final beneficiaries. The 
conformity  clearance  thereby  contributes  to  the  legality  and  regularity  of  the  transactions  at 
the level of the final beneficiaries. 

In  2007,  the  Commission  adopted  three  conformity  decisions  imposing  such  financial 
corrections on Member States: 

•  Decision  2007/243/EC  of  18  April  2007  excluding  EUR  285.3  million  from  Community 
financing:  The  main  corrections  concerned  EUR  60.6  million  charged  to  Spain  for  non-
respect  of  payment  deadlines  in  the  nuts  payment  scheme,  EUR  53.7  million  charged  to 
Great Britain for non-respect of payment deadlines, EUR 48.5 million charged to Italy for 
non-respect  of  payment  deadlines,  EUR  35.8  million  charged  to  Greece  because  its  land 
parcel  identification  system  implemented  to  manage  the  direct  payments  schemes  was 
found not to be fully operational to the standard required and the on-the-spot checks were 
still carried out too late to be fully effective, EUR 26.7 million charged to the Netherlands 
for  an  insufficient  number  of  substitution  controls  in  the  export  refund  scheme,  EUR  17 
million  charged  to  Spain  for  non-respect  of  payment  deadlines  and  EUR  8.7  million 
charged to France for deficiencies in the technical and accounting controls concerning the 
over thirty months slaughter scheme; 

•  Decision 2007/647/EC of 3 October 2007 excluding EUR 145.2 million from Community 
financing:  The  main  corrections  were  EUR  76.4  million  charged  to  Italy  for  insufficient 
quality  and  quantity  of  controls  in  olive  oil  production  sector  and  EUR  49.7  million 
charged  to  France  for  weaknesses  in  recognition  criteria  performed  by  the  producers' 
organisations; 

•  Decision  2008/69/EC  of  20  December  2007  excluding  EUR  256,3  million  from 
Community  financing:  The  main  corrections  concerned  EUR  183.9  million  charged  to 
Spain  for  shortcomings  or  lack  of  checks  on  crop  declarations  and  yields  as  well  as  on 

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monitoring the controls of mills in olive oil production sector, EUR 16.6 million charged to 
Spain for weaknesses in on-the-spot checks (remote sensing and classical field visits) for 
area  aids,  EUR  10.5  million  charged  to  Italy  for  weaknesses  in  the  management  and 
control of the quota system in tobacco production scheme and EUR 9.7 million charged to 
the United Kingdom for late payments, mainly for the extensification premium. 

Moreover, in 2007, the Commission continued its conformity work by carrying out 158 on-
the-spot audits in the Member States and launching 217 desk audits. In around one third of the 
on-the-spot  checks,  the  Commission's  auditors  found  deficiencies  in  Member  States' 
application of the relevant Community rules, of which some were of minor importance while 
others were more serious. These deficiencies are being followed-up and may, eventually, lead 
to financial corrections imposed on Member States83 . 

4.1.1.9  Simplification 

The  Commission  strategy  for  simplifying  the  regulatory  environment  (COM(2005)535)  set 
out an ongoing simplification programme of measures to be adopted between 2005 and 2008 
with  a  view  to  improving  the  quality  and  effectiveness  of  the  acquis.  As  far  as  agricultural 
sector  is  concerned,  the  Communication  on  Simplification  and  Better  Regulation  for  the 
Common  Agricultural  Policy  (COM  (2005)  509)  led  to  the  creation  of  the  ongoing 
simplification  of  the  Common  Agricultural  Policy  action  plan.  The  Action  Plan  is  used  to 
identify,  plan  and  monitor  the  implementation  of  the  simplification  projects  within  the 
agricultural sector. 

On  18  December  2006  the  European  Commission  presented  a  proposal  to  the  European 
Parliament for merging the 21 currently functioning agricultural markets into a single CMO 
that was adopted in October 200784 . The single CMO makes legislation more transparent and 
easily accessible and reduces the administrative burden for Member States and businesses . It 
should  not  be  interpreted  as a  way  to  reform  the  policy  by  the  back  door.  The  single  CMO 
allowed the repeal of almost 50 Council acts and replaces more than 650 legal provisions in 
the current regulations with around 200. It must be noticed that, previously, the Commission 
had  for  many  years  screened  the  ‘acquis’  to  identify  obsolete  agricultural  legislation,  a  task 
supported by the two-year programme on “Updating and simplifying the Community acquis”. 
For  instance,  in  2003  and  2004,  as  part  of  ongoing  simplification  activities,  around  520 
agricultural  legal  acts  were  removed  from  the  list  of  acts  in  force  by  formal  repeal  and 
recognition of obsolescence. 

4.1.2  Changes Underway 

2007 was a important year for European agriculture, with fundamental reforms in two major 
sectors—wine and fruit and vegetables as well as the launch of a reflection on how to improve 
the efficiency of the Common Agricultural Policy in the future.  

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84 

For  a  more  detailed  description  of  the  conformity  clearance  activities  see  DG  AGRI's  2007  Annual 
Activity Report. 
Council Regulation (EC) n°1234/2007 establishing a common organisation of agricultural markets and 
on specific provisions for certain agricultural products 

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4.1.2.1  Recently adopted measures due to enter into force  

In 2007, the CAP reform process continued with the reform of the last major sectors, fruit and 
vegetables  and  wine.  The  objectives  of  the  wine  reform  (see  Proposal  for  a  Council 
Regulation on reform of the wine sector85 ) are to increase competitiveness while taking social 
and  traditional  aspects  into  account,  to  establish  simple  effective  rules,  balance  supply  and 
demand and ensure production respects the environment. 

The  wine  reform  provides  for  a  fast  restructuring  of  the  wine  sector  in  that  it  includes  a 
voluntary,  three-year  grubbing-up  scheme  to  provide  uncompetitive  producers  with  a 
reasonable alternative to solve their social or financial problems and to remove surplus wine 
from  the  market.  Subsidies  for  distillation  will  generally  be  phased  out  and  the  money, 
allocated  in  national  envelopes,  can  be  used  for  measures  like  wine  promotion  on  third 
country markets, innovation, restructuring and modernisation of vineyards and cellars and for 
crisis prevention measures. The reform will ensure environmental protection in wine-growing 
regions,  safeguard  traditional  and  well-established  quality  policies  and  simplify  labelling 
rules,  for  the  benefit  of  producers  and  consumers  alike.  The  planting  rights  system  will  be 
abolished prior to 1 January 2016 with a possibility for a Member States to prolong it with a 
national  or  regional  scope  until  31  December  2018  at  the  latest.  A  solution  to  the  irregular 
plantings  problem  has  also  be  incorporated.  However,  the  option  to  increase  the  natural 
alcoholic  strength  using  sucrose  has  been  maintained  but  the  enrichment  levels  have  been 
reduced. 

Political agreement has been reached at Council in December 2007: a report on the experience 
gained with the implementation of the reform is to be prepared by the Commission by the end 
of  2012  at  the  latest.  The  Commission  implementing  rules  are  being  prepared  via  the 
Management  Committee  procedure;  some  via  a  Regulatory  Committee  procedure  notably 
concerning wine making practices and geographical indications. 

The  reform,  which  is  budget  neutral,  should  enter  into  force  on  1  August  2008  except  for 
regulatory  measures  (wine  making  practices,  geographical  indications  and  labelling)  which 
enter into force one year later. 

A reformed Common Market Organisation for fruit and vegetables, together with a fresh set 
of implementing rules, has been in place as from 1 January 200886 . This reformed CMO has 
been integrated into the single CMO in 2008. The aim of the reformed CMO is to improve the 
competitiveness  and  market  orientation  of  the  fruit  and  vegetable  sector,  reduce  income 
fluctuations resulting from crises, promote consumption – so contributing to improved public 
health  –  and  enhance  environmental  safeguards.  New  measures  were  set  out  to  encourage 
growers  to  join  Producer  Organisations.  POs  are  offered  a  wider  range  of  tools  for  crisis 
management; the fruit and vegetable sector is integrated into the Single Payment Scheme; a 
minimum level of environmental spending is required; EU funding for promotion and organic 

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COM(2007) 372 final of 4.7.2007 
Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the 
fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) 
No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 
318/2006 and repealing Regulation (EC) No 2202/96 and Commission Regulation (EC) No 1580/2007 
of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) 
No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector 

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production  is  increased;  and  export  subsidies  for  fruit  and  vegetables  are  abolished.  Major 
simplification efforts and the principle of shared management which transfers monitoring and 
competence for the imposition of sanctions for the most part to the Member States should lead 
to  the  timely  and  correct  implementation  of  the  measures  provided  for.  Particular  attention, 
however, may be needed for some issues like marketing standards and the entry price system. 
The  reporting  obligations  provided  by  the  new  acquis  at  the  level  of  Member  States  and 
producer  organisations  should  enable  detection  of  possible  flaws  or  weaknesses  in 
implementation. 

In its report to the Council on the application of the system of cross compliance establishing 
common  rules  for  the  direct  support  schemes  under  the  common  agricultural  policy  and 
establishing certain support schemes for farmers (COM(2007)147final of 29 March 200787 , 
the Commission identified several difficulties in the implementation of the cross compliance 
rules that needed to be adapted. Following the commitment made in its March 2007 report to 
improve and simplify the system of cross compliance, the European Commission adopted the 
regulatory  measures  presented  in  the  report  which  are  under  its  own  responsibility88  . 
Furthermore,  the Commission presented to the Council a proposal for a Council Regulation 
amending Regulation (EC) N°1782/2003, proposing specific improvements in the system of 
cross compliance that was adopted in February 200889 . 

4.1.2.2  New measures due to be adopted  

In  2008,  the  Commission  will  present  legislative  proposals  in  the  context  of  its 
communication of the so-called 'Health Check' of the CAP which will build on the approach 
which of began with the 2003 reforms, it will improve the way the policy operates based on 
the experience gained since 2003 and make it fit for the new challenges and opportunities in 
an EU of 27 Member States in 2007. The reforms have modernised the CAP, but the Health 
Check represents a perfect opportunity to take the policy review further. It will ask three main 
questions: how to make the direct aid system more effective and simpler; how to make market 
support instruments, originally conceived for a Community of Six, relevant in the world we 
live in now; and how to confront new challenges, from climate change, to bio energy, water 
management and the protection of biodiversity. The Communication contained such proposals 
as  moving  away  from  entitlements  based  on  historical  payments  towards  a  "flatter  rate" 
system, increasing the rate of decoupling in those countries which opted in a number of farm 
sectors to maintain the link between subsidy and production, although coupled support may 
still  play  a  role  in  regions  where  production  is  small-scale  but  of  particular  economic  or 
environmental  importance,  gradually  reducing  the  support  level  as  overall  payments  to  big 
farmers increase, fixing minimum surface or aid level requirements to qualify for Community 
support,  reviewing  the  cross  compliance  standards  which  farmers  are  obliged  to  respect  to 

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(COM(2007)147final of 29 March 2007 
Commission  Regulation  (EC)  n°972/2007  of  20  August  2007,  laying  down  detailed  rules  for  the 
implementation of cross compliance, modulation and IACS, Commission Regulation (EC) n°1550/2007 
of  20  December  2007,  laying  down  detailed  rules  for  the  implementation  of  cross  compliance, 
modulation and IACS. Furthermore, the Commission presented to the Council a proposal of a Council 
Regulation amending Regulation (EC) n°1782/2003, proposing specific improvements in the system of 
cross compliance (COM (2007)484 of 29 August 2007 
Council Regulation (EC) No 146/2008 of 14 February 2008 amending Regulation (EC) No 1782/2003 
establishing  common  rules  for  direct  support  schemes  under  the  common  agricultural  policy  and 
establishing  certain  support  schemes  for  farmers  and  Regulation  (EC)  No 1698/2005  on  support  for 
rural development by the European Agricultural Fund for Rural Development (EAFRD) 

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receive  their  support  from  Brussels.  This  could  mean  deleting  unnecessary  obligations,  but 
also  adding  new  ones  to  deal  with  new  challenges  like  improving  water  management  and 
mitigating climate change.  

The  Health  Check  of  the  CAP,  by  increasing  the  degree  of  decoupling  of  payments  will 
facilitate  the  application  of  Community  law  by  Member  States  (and  farmers).  Decoupled 
payments  (mainly  payments  under  the  Single  Payment  Scheme)  are  simpler  and  less 
burdensome for administration and farmers, in particular because they reduce the number of 
specific  eligibility/compliance  requirements  for  coupled  aids,  by  aligning  them  with  the 
existing rules for the SPS.  

At  the  same  time  the  Health  Check  will  review  the  implementation  of  the  SPS  (which  was 
only  introduced  in  2003)  and  proceed  with  making  some  adjustments  and  technical 
simplification  where  experience  has  shown  that  rules  should  be  simplified.  This  will  also 
facilitate the application by Member States and farmers of direct payments.  

The  Commission  hopes  that  the  preparatory  working  contacts  between  experts,  review  of 
problems arising and multilateral and/or bilateral exchange of information should be sufficient 
at this stage to ensure application of the new measures proposed. 

Furthermore, the proper application of the new Community rules will require the adoption of 
implementing rules by the Commission within the framework of the Comitology procedures. 
Besides its role in the adoption of implementing rules, the Management Committee for Direct 
Payments, which meets every month, is a privileged forum for the exchange of information 
and best practise between Member States and the Commission.  

4.1.2.3  Prioritisation 

As  already  mentioned,  in  the  area  of  agriculture  and  rural  development,  monitoring  the 
application  of  Community  law  under  Article  226  EC  proceeding  concentrates  on  two  main 
objectives: removing barriers to the free movement of agricultural products and ensuring that 
the more specific mechanisms of agricultural regulations are applied effectively and correctly. 

In the use of the infringement procedure, priority will be granted to cases which raise issues 
concerning  the  compatibility  of  Member  States'  legislative,  regulatory  or  administrative 
measures  with  Community  agricultural  rules  and  to  cases  where  Member  States  concerned 
refrain from applying the aforementioned common rules, thus jeopardizing the effectiveness 
of  important  mechanisms  of  the  common  agricultural  policy,  particularly  regarding  the  1st 
pillar. 

For  the  years  2008  and  2009,  the  Commission  will  in  particular  be  vigilant  in  pursuing 
infringements of the type described in the previous paragraph challenging the application of 
the CMO's reform in the fruit and vegetable and wine sectors and those which would affect 
the application of the direct payment regime , and in particular "cross compliance" 90.  

90 

The  use  of  the  infringement  procedure  will  be  favoured  in  cases  where  the  absence  of  financial 
consequences of the infringement would not allow for recourse to the clearance of accounts procedure. 

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4.1.3  Evaluation 

Taking  into  account  the  volume  of  Community  law  currently  in  force,  the  acquis  in  the 
agricultural  sector  may  be  considered  as  globally  stable  and  manageable  or  subjected  to 
technical up-dating or clarification effected through Comitology (see above). This updating is 
not generally expected to be controversial or difficult to implement due to the well-established 
and well-understood framework in which this will take place and given previous experience 
of the relatively smooth adoption and timely entry into effect of this type of measures. 

In  the  agricultural  sector  it  may  be  considered  that  preparatory  working  contacts  between 
experts, review of problems arising and multilateral and/or bilateral exchange of information 
constitute proportionate and sufficient means to ensure correct implementation. Furthermore, 
besides  its  role  in  the  adoption  of  implementing  rules,  the  Management  Committees,  which 
meet  regularly,  are  a  privileged  forum  for  the  exchange  of  information  and  best  practise 
between MS and the Commission.  

In  any  case,  as  already  explained,  the  agricultural  sector  makes  use  of  the  clearance  of 
accounts mechanisms to monitor through its audits the application of secondary agricultural 
legislation. For 2008, the annual work plan provides for 126 on-the-spot checks and around 
80 desk audits. 

For  the  acquis  for  which  implementation  difficulties  were  identified  in  2007,  notably  cross 
compliance, the Commission chose to adapt and simplify the legislation without prejudice to 
the  possibility  to  make  use  of  the  infringement  and  clearance  of  accounts  procedures  in  the 
future.  Regarding  the  implementation  of  the  fruit  and  vegetable  reform  regulations,  the 
national  strategy  for  operational  programmes  and  the  national  framework  for  environmental 
actions  will  be  subject  to  expert  meetings  within  the  management  committee,  which  will 
provide guidelines.  

In the wine sector, to reduce the risk of inadequate respect of the rules, the new wine CMO 
incorporates improved monitoring and sanction provisions. 

5  ENERGY AND TRANSPORT 

5.1  Current position 

5.1.1  Existing measures in force 

For the list of the existing measure in force together with the different legal basis to 
control the application of Community law in the sector of energy and transport please 
refer to Annex I paragraph 2.1 and 2.2 

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5.1.2  Report of work done in 2007 

5.1.2.1  Articles 226-228 EC / 141-143 Euratom. "Infringement procedures" 

In 2007, DG TREN departments dealt with a total of 611 cases for failure to comply with EU 
legislation. While the total of cases decreased compared with the situation in 2006 (a total of 
714 cases), it is worth noting that, following the tendency started in 2006, the number of non-
conformity  cases  is  higher  than  the  number  of  cases  for  lack  of  communication  of  national 
transposing measures (67% versus 33%). At the end of 2007, 289 cases were open, 198 in the 
field of transport and 91 for energy. 

Conformity  checks  carried  out  in  2005  and  2006,  which  mainly  related  to  the  transposing 
measures for the core directives on the internal market for gas and electricity, as well as for 
the maritime sector ("Erika 1 package"), had as a consequence a considerable increase in the 
number  of  letters  of  formal  notice  and  reasoned  opinions  for  non  conformity  or  bad 
application  of  Community  law.  In  2007,  while  examination  of  open  cases  related  to  the 
energy  internal  market  and  the  safety  of  transports  went  on,  the  total  number  of  letters  of 
formal  notice  and,  in  particular,  of  reasoned  opinions  diminished.  Compared  with  the 
Commission's  overall  statistics,  DG  TREN's  rate  of  "useful  decisions"  during  2007  was 
however well over average. 

In  the  field  of  transports,  the  Commission  services  paid  special  attention  to  a  series  of  files 
related  to  the  non-conformity  or  bad  application  of  Community  law:  the  respect  of  the  use 
related charges for the use of road infrastructures; the rules on admission to the occupation of 
road  transport  and  road  passenger  operator;  the  application  of  discriminatory  taxes  in 
maritime  ports  and  airports;  the  freedom  to  provide  services  in  the  maritime  transport 
(maritime  cabotage),  the  respect  of  the  rules  on  the  control  of  vessels  by  the  port  state 
authorities; the respect of the provisions on port reception facilities for waste resulting from 
the operation of ships, etc. 

In the field of energy, the national implementation measures required for the opening of the 
gas  and  electricity  markets  were  closely  controlled  in  a  number  of  Member  States  whose 
national  mechanisms  were  in  contradiction  with  the  relevant  directives.  The  Commission's 
services  also  focussed  on  other  aspects  such  as  the  promotion  of  electricity  produced  from 
renewable  energy  sources;  the  use  of  biofuels  and  other  renewable  fuels  in  transport;  the 
energy efficiency, including the assessment of national plans and the energy performance of 
buildings (minimum standards and certification);  the rules on oil stocks,  and the security of 
supply in gas, among other aspects. 

5.1.2.2  National implementing measures. 

Concerning  the  transposition  of  Directives,  notification  of  national  implementing  measures 
often  comes  only  after  the  transposition  deadline  has  elapsed.  A  total  of  260  non-
communication cases were therefore opened in 2007, of which however 166 could be closed 
following later communication of the national transposing measures. This quick evolution of 
cases results from the systematic opening of infringement procedures by empowerment after 
the  transposition  deadline  has  elapsed,  which  does  not  take  into  account  the  individual 
situation and precise progress made by Member States. 

At  the  end  of  2007,  a  slight  increase  of  0.2%  could  be  noted  in  the  transposition  rate  for 
Directives  on  "energy"  which  reached  97.8%;  in  the  field  of  "transport"  the  delays  in  the 

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transposition of the directives are being solved and the transposition rate is in progress, having 
reached 97.4%. The  objective  of  98.5% set by the European Council in 2001 remains to be 
reached  for  both  fields  of  activity.  Member  States  need  to  intensify  efforts,  in  view  of  the 
more  ambitious  target  agreed  by  the  European  Council  in  2007  (99  %  to  be  achieved  by 
2009). 

The  assessment  of  the  compliance  of  the  national  transposing  measures  represents  a 
considerable  challenge  in  a  Union  to  27  Members.  Control  of  conformity  varies  from  one 
sector to another, and no single approach is followed within DG TREN. The services use all 
the means at their disposal, and privilege a practical case by case approach, which duly takes 
into  account  the  interests  at  stake,  the  equal  treatment  of  Member  States  and  resources 
available. 

Some examples of alternative or complementary means to check compliance can be found in: 

–  Railway  sector:  verification  of  compliance  with  the  Directives  of  the  "1st  Railway 

Package" based on the answers to questionnaires sent to all Member States. 

–  Maritime  sector:  analysis  of  the  inspection  reports  from  the  European  Maritime  Safety 

Agency. 

–  Conventional sources of energy: assistance from the Energy Regulators Group (ERGEG) 
and  from  the  Gas  Coordinators  Group  for  identifying  possible  breaches;  organisation  of 
fact  finding  missions  for  assessing  that  the  directives  are  implemented  in  practice  and 
issuance  of  interpretative  notes,  with  guidance  on  individual  aspects  of  the  directives, 
discussed in detail with the national administrations. 

–  Radiation  protection:  guidance  documents  in  place  on  specific  aspects  of  the  relevant 
legislation (e.g. "Guidelines for the Regulatory Control of Consumer Products Containing 
Radioactive  Substances  in  the  European  Union,  published  in  2007")  and  risk-based 
analysis  usually  ensured  though  reports  from  external  consultants  on  different  national 
approaches  to  specific  points  of  the  Directives  (e.g.  "A  Review  of  Consumer  Products 
Containing Radioactive Substances in the European Union, published in 2007). The role of 
the  Group  of  Scientific  Experts  provided  for  in  Article  31  of  the  Euratom  Treaty  is 
essential in these activities.   

5.1.2.3  Complaints 

During 2007, a total of 38 complaints were registered and dealt with, 14 for energy and 24 for 
transport.  Based  on  these  complaints,  DG  TREN  services  proposed  the  following  decisions 
during the same period: 

–  Closure of the case (no infringement found): 3 cases (+ 5 cases closed early 2008) 

–  Opening of infringement procedures (sending of a letter of formal notice): 1 case (+ 6 early 

2008) 

–  Case treatment to follow another open case: 7 cases 

–  No decision yet: 16 cases still under assessment. 

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DG TREN moreover holds a special register of correspondence from air passengers. During 
2007, a total of 2.253  enquiries were registered and answered concerning the application of 
Regulation  (EC)  nº  261/2004  establishing  common  rules  on  compensation  and  assistance  to 
passengers  in  the  event  of  denied  boarding  and  of  cancellation  or  long  delay  of  flights.  In 
most  of  the  cases,  complainants  were  instructed  about  national  procedures  and  referred  to 
their national enforcement body. 

5.1.2.4  Cooperation with Member States. 

DG TREN services are in permanent contact with national administrations, either by informal 
contacts with the competent ministries or through the Permanent Representations, through the 
work  of  committees  and  groups  of  experts,  in  the  context  of  preparation  and  follow  up  of 
inspections  and  in  other  fora,  like  the  organisation  of  and  participation  in  workshops  and 
conferences.  

The preventive approach initiated in 2006 (Luxembourg) was maintained and three package 
meetings  were  organised  in  Athens,  Paris  and  Rome,  where  DG  TREN  services  discussed 
with  the  relevant  national  authorities  on  ongoing  infringement  cases  and  status  of 
transposition  for  Directives  due  to  be  transposed  in  2007  and  2008.  In  spite  of  the  slight 
improvement  observed  following  these  meetings,  Greece,  France  and  Italy,  together  with 
Luxembourg  and  Spain,  remain  among  those  Member  States  having  the  largest  number  of 
open infringement cases. The Commission's services are still in contact with the French and 
Italian administrations on some outstanding problems. The organisation of follow-up package 
meetings is not excluded.   

5.1.2.5  Petitions 

During 2007, DG TREN received for assessment a total of 22 new parliamentary petitions, 21 
for  transport  and  1  for  energy.  It  was  furthermore  associated  to  the  examination  of  12  new 
petitions dealt with by other DGs (9 concerning transport matters and 3 for energy). 

No  formal  infringement  procedure  was  opened  based  on  the  information  received  from  the 
Parliament and later Commission's inquiries. 

5.1.2.6  Parliamentary questions 

During  2007,  DG  TREN  prepared  the  Commission's  answer  to  a  total  of  650  parliamentary 
questions, 433 for transport and 218 for energy. It was furthermore associated to preparing the 
answer to additional 571 questions. 

No  formal  infringement  procedure  was  opened  based  on  the  information  received  from  the 
Parliament and later Commission's inquiries. 

5.1.2.7  Follow-up of enlargement 

DG TREN continued to monitor the implementation of the corrective action plan in Bulgaria 
throughout 2007 following the Commission's safeguard measure adopted in 2006 restricting 
the benefits of the European Single Sky (Regulation nº 1962/2006, of 21 December 2006, in 
application  of  Article  37  of  the  Act  of  Accession  of  Bulgaria  to  the  European  Union).  In 
particular  it  was  able  to  observe  significant  improvements  in  the  area  of  aircraft  operations 
thanks to radical measures taken by the Bulgarian authorities with regard to 5 cargo carriers. 

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Also,  with  a  view  to  verifying  progress  after  the  imposition  of  the  safeguard  measures  in 
December  2006,  the  European  Aviation  Safety  Agency  carried  out  a  global  standardisation 
visit in Bulgaria in December 2007. The results of this visit will be assessed in 2008. 

Under  Article  6(2)  of  their  Act  of  Accession,  Member  States  that  entered  the  EU  in  2004 
committed themselves to accede to the Agreement between the Non-Nuclear-Weapon States 
of the European Atomic Energy  Community,  the European Atomic Energy Community and 
the  International  Atomic  Energy  Agency  in  implementation  of  Article  III(1)  and  (4)  of  the 
Treaty  on  the  Non-Proliferation  of  Nuclear  Weapons  of  1977  (INFCIRC/193),  as 
supplemented by the Additional Protocol to this agreement. The procedure for the accession 
of  Poland,  Malta,  Hungary  and  Lithuania  to  the  said  Agreement  was  finalized  within  2007. 
The  procedure  for  the  accession  of  the  Republic  of  Cyprus  was  being  finalised  in  the  first 
months of 2008. 

By their Acts of Accession to the EU, several new Member States committed themselves to 
the early closure, for safety reasons, of nuclear power stations. As the Commission repeatedly 
made  clear,  this  primary  law  requirement  cannot  be  derogated  from.  Therefore,  DG  TREN 
continued 
the 
implementation of accompanying programmes. 

to  monitor  both  compliance  with 

the  early  closure  obligation  and 

Having been following the Ignalina and Bohunice Programmes, DG TREN is also responsible 
(since 1 January 2007) for the implementation and follow-up of the Community assistance of 
the  Kozloduy  Programme.  In  2007  a  total  of  113  M€  was  committed  to  the  Ignalina 
Programme,  56.72  M€  to  the  Bohunice  Pr ogramme  and  74.28  M€  to  the  Kozloduy 
Programme. As foreseen in the Protocols of the Treaty of Accession, implementing rules for 
continued  assistance  in  2007-2013  were  finalised  and  adopted  by  the  Commission 
(C(2007)5538). 

5.1.2.8 

 Reporting activities 

During  2007,  DG  TREN  prepared  a  number  of  Commission's  communications  aiming  at 
reporting on tasks related to the implementation of Community law in energy and transport. 
They are a key element for spreading knowledge of EC law among the stakeholders and for 
improving the quality of implementation all over Europe, while keeping other institutions up-
to-date on the Commission's activities. 

For a list of such communications please refer to Annex I paragraph 2.3 

5.1.2.9 

 Report of work done in 2007, by sector 

5.1.2.9.1 Energy 

5.1.2.9.1.1  Security of supply in electricity and natural gas 

In  order  to  monitor  the  present  and  future  security  of  gas  supply  situation  and  provide  a 
coordination mechanism in case of a possible supply crisis, Directive 2004/67/EC establishes 
a  Gas  Coordination  Group  chaired  by  the  European  Commission  and  composed  by 
representatives  of  the  Member  States,  representatives  of  the  industry  concerned  and 
representatives of relevant consumers. In 2007, the Commission convened 5 meetings of the 
Gas Coordination Group. In addition, the same directive requires Member States to establish 

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emergency plans and to implement a number of measures. An in-depth examination of these 
measures  and  emergency  plans  is  taking  place  with  each  Member  State  within  the  Gas 
Coordination Group and it enables the identification of best practices and cross-fertilisation. 

5.1.2.9.1.2  Internal market for electricity and natural gas 

Three types of structural actions were carried out in order to cross check and make sure that 
national transposing measures were not only legally correct, but also duly implemented: 

- Systematic fact finding missions in all member States during 2006 allowed for establishing 
national  profiles  and  for  identifying  the  main  problems  for  the  functioning  of  the  market; 
these problems were identified in the Commission's report of 10 January t 2007. 

- Cooperation with the Commission's services in charge of Competition in the framework of 
the 2005 sectoral enquiry (see the parallel report adopted also on 10 January 2007). 

- Reinforced cooperation with the Energy regulators (ERGEG), for monitoring Regulations nº 
1228/2003 (cross border exchanges of electricity) and nº 1775/2005 (transport of natural gas), 
which  allowed  the  Commission  to  detect  a  number  of  violations  of  the  regulations  in  a 
systematic and comparable manner. 

5.1.2.9.1.3  Hydrocarbons 

In  2007  and  pursuant  to  Council  Directive  2006/67/EC  of  24  July  2006  imposing  an 
obligation  on  Member  States  to  maintain  minimum  stocks  of  crude  oil  and/or  petroleum 
products (Codified version) or the previous stocks legislation, the Commission continued to 
monitor  oil  stocks  levels  in  Member  States  as  well  as  the  timely  communication  of  data 
thereupon.  Following  corrective  actions  taken  by  Member  states,  most  infringement 
procedures addressing breaches on those grounds could be closed. The Commission however 
decided  to  refer  Belgium  to  the  Court  of  Justice  for  persistently  failing  to  maintain  the 
minimum level of oil stocks required by Community law.  

Given  improvements  in  stocks  levels  and  reporting  in  several  Member  States,  the 
Commission's  services  were  also  able  to  focus  their  attention  on  some  of  the  fundamental 
concepts underlying the directive, such as the need to maintain stocks fully at disposal in case 
of  supply  difficulties  or  the  obligation  to  ensure  their  availability  and  accessibility. 
Consequently, at year end, the possibility of launching one procedure was being considered, 
in relation to the use of stocks as security for debts. The Commission's services nevertheless 
kept  insisting  on  the  importance  of  compliance  with  regard  to  stock  levels  as  any  drop  in 
stocks below the legally required levels in one Member State inevitably leads to a drop in the 
quantities available in the European Union as a whole. 

With regard to the application of Directive 94/22/EC, the Commission remained attentive to 
OJ  publications  requested  by  Member  States,  concerning  the  granting  and  the  use  of 
authorisations for the prospection, exploration and production of hydrocarbons. Infringement 
procedures were launched in relation to conformity shortcomings of implementing measures 
adopted  in  two  Member  States.  In  the  course  of  one  of  these  procedures,  the  Commission 
decided  to  send  a  reasoned  opinion  to  Poland,  asking  this  Member  State  to  correct  its 
procedures. 

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Concerns  were  raised  in  relation  to  compliance  with  reporting  requirements  under  Council 
Regulation (EC) N° 405/2003 (monitoring of imports of hard coal). Some Member States did 
not provide the Commission with information on imports of hard coal and on import prices, as 
and within the delay stipulated under the legislation. This situation may lead to the launch of 
one or more infringement procedures. 

5.1.2.9.1.4  Electricity produced from renewable energy sources 

The  purpose  of  the  Directive  on  the  promotion  of  the  electricity  produced  from  renewable 
energy  sources  in  the  international  electricity  market  is  to  increase  the  contribution  of 
renewable energy in electricity production. 

Out of a total of 17 cases that were dealt with in 2007 (4 of which were opened in the same 
period), 7 cases could be closed by the end of the year. The cases were related to the incorrect 
transposition  of  the  Directive  or  the  incorrect  application  of  Community  law.  The  open 
infringement cases on incorrect application of Community law are mainly based on the breach 
or  incomplete  transposition  of  several  Articles  of  the  Directive,  such  as  on  guarantees  of 
origin,  on  simplification  of  administrative  procedures,  on  access  to  grid  or  on  the  lack  of 
appropriate  steps  to  encourage  greater  consumption  of  electricity  produced  form  renewable 
energy sources. 

Member States must report biannually to the Commission on measures taken to promote the 
use of renewable energy sources. Last reporting year was 2007. Nine Member States missed 
to send their reports on time. 

5.1.2.9.1.5  Biofuels 

Biofuels have an important role to play in European transport and energy policy because they 
are  one  of  the  few  options  available  for  replacing  petrol  and  diesel  as  transport  fuels.  They 
tackle  climate  change  by  avoiding  emissions  of  greenhouse  gases;  they  diversify  Europe’s 
sources  of  energy  and  reduce  dependence  on  oil  imports;  and  they  offer  new  markets  for 
European agriculture. 

Out of 13 cases that were examined in 2007, one was opened during the year. By the end of 
the year all cases had been closed. Three cases were related to the incorrect transposition of 
the  Directive  or  the  incorrect  application  of  its  provisions.  The  latter  were  mainly  based  on 
breach of Article 3.1 on minimum proportion of biofuels and other renewable fuels. 

Before 1st July each year, Member States must report to the Commission on measures taken 
to  promote  the  use  of  biofuels  or  other  renewable.  Infringement  proceedings  were  initiated 
against  the  Member  States  who  failed  to  report  by  1  July  in  2004,  2005,  2006  and  2007. 
During 2007, all 10 cases related to reporting were closed. 

5.1.2.9.1.6  Energy end-use efficiency and energy services 

In order to support further development of energy end-use efficiency and energy services the 
Commission  initiated  preparatory  work  for  establishing  a  Concerted  Action  on  the  Energy 
End-Use  Efficiency  and  Energy  Services  Directive  (ESD).  The  Concerted  Action  will  be 
established  with  a  view  to  enhance  and  facilitate  information  exchange  (both  between 
Member States and between Member States and the Commission) and uptake best practice to 

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strengthen implementation of the ESD, to build capacity and transfer knowledge, to identify 
potential  areas  for  convergence  of  national  procedures,  and  to  complement  and  support  the 
work of other fora such as the Energy Demand Management Committee. 

The  notification  of  the  National  Energy  Efficiency  Action  Plans  was  enforced  by  15 
infringement cases against Member States. 

The  Commission  also  supported  the  Executive  Agency  for  Competitiveness  and  Innovation 
(EACI)  with  regard  to  several  projects  relating  to  the  ESD  under  the  Intelligent  Energy 
Europe  Programme  including  the  a  project  on  the  harmonisation  of  measurement 
methodologies. Preparatory work was also conducted on cooperation with CEN standards for 
ESD. 

The overall policy was presented to the public and stakeholders during the course of the year 
where  the  Commission  actively  participated  in  various  events  ranging  from  the  Summer 
Study of the European Council for an Energy Efficient Economy to the Technical Assistance 
Information  Exchange  (TAIEX)  conference  where  energy  efficiency  and  services  were  the 
central themes. 

5.1.2.9.1.7  Eco-design Directive 

A  total  of  21  infringement  procedures  were  launched  in  2007  for  non  communication  of 
national transposing measures by Member States. Up to now, 7 infringement procedures are 
still open for non-communication. 

5.1.2.9.1.8  Energy Performance of Buildings 

In order to realize energy savings in the buildings sector, several activities were initiated, in 
particular  with  regard  to  the  Energy  Performance  of  Buildings  Directive  (EPBD).  The  first 
phase of the Concerted Action (2005-2007), which provided the Member States with support 
for  the  implementation  of  the  EPBD  by  establishing  a  platform  for  the  exchange  of  best 
practices  and  lessons  learnt,  was  finalised.  In  parallel  the  second  phase  of  the  Concerted 
Action was launched to continue the Member States' exchange on ways how to implement the 
EPBD in practice. The adoption and notification of national legislation on implementing the 
EPBD was enforced with 17 ongoing infringement cases against Member States. 

The  Commission  continued  its  work  on  the  31  CEN  standards  for  energy  performance  of 
buildings,  which  provide  the  Member  States  with  calculation  and  rating  methodologies  and 
give guidance on how to establish their certification scheme. The Commission also supported 
the actions of the Executive Agency for Competitiveness and Innovation (EACI) with regards 
to  19  ongoing  and  20  starting  projects  on  the  EPBD  under  the  Intelligent  Energy  Europe 
Programme. 

In order to inform the stakeholders and the general public on the actions of the Commission, 
the  Buildings  Platform  (www.buildingsplatform.org)  was  further  upgraded  and  an  event  on 
the  EPBD  was  organised  during  the  first  European  Sustainable  Energy  Week  2007.  This 
effort  was  continued  with  the  preparations  of  the  follow-up  event  during  the  European 
Sustainable Energy Week 2008. The Commission also actively participated in about 10 events 
of stakeholders and Member States on energy efficiency in the buildings sector. 

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5.1.2.9.1.9  Cogeneration 

In  the  framework  of  the  Directive  on  the  promotion  of  cogeneration,  the  Commission 
organised two committee meetings to discuss with the Member States proposals for a future 
Commission Decision on detailed guidelines for this Directive, the progress of transposition 
in each Member State and the experiences with regard to the implementation of the Directive. 
In bilateral contacts the Commission provided guidance for several Member States. 

The  Commission  also  participated  in  conferences  to  explain  EU  cogeneration  policy  to 
stakeholders and the general public during so called Cogeneration days that were organised in 
about ten individual Member States. The Commission paid special attention to new Member 
states  during  a  specific  conference  on  reporting  obligations  and  the  implementation  of  the 
Directive that was organised together with the JRC in Petten. 

Main  events  in  which  the  Commission  worked  on  dissemination  of  information  to 
stakeholders were the annual conference of COGEN Europe in Brussels and the conference of 
Euroheat  and  Power  in  Copenhagen.  Both  are  European  trade  associations  which  are 
important for cogeneration and district heating. 

In cooperation with the Association of Issuing Bodies, a scheme for Guarantees of Origin was 
further developed, in order to provide Member States a ready to use scheme for implementing 
Article 5 of the Directive. 

In 2007 also the preparations started for a cogeneration event during the Sustainable Energy 
Week  2008,  to  be  organised  by  DG  TREN,  the  International  Energy  Agency  and  COGEN 
Europe in early 2008. 

5.1.2.9.1.10  Euratom 

–  Newest legislation 

Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste 
and spent fuel is due to be transposed by end of 2008 and will replace the existing Directive 
92/3/Euratom.  During  2007,  the  way  to  transposition  was  closely  followed  up  by  the 
Commission’s  services  based  on  a  pre-established  transposition  plan,  which  included  the 
immediate  constitution  of  the  advisory  committee  foreseen  in  the  Directive  so  that  the 
standard document to be used for the purposes of the Directive could be available as soon as 
possible,  and  the  organisation  of  a  transposition  workshop,  among  other  accompanying 
measures. 

–  Infringement procedures 

With the exception of the case of the Czech Republic, all infringement procedures involving 
the  new  Member  States  that  did  not  accede  to the  tri-partite  Safeguards  agreement  between 
the  EU  Non-Nuclear-Weapon  States,  the  European  Atomic  Energy  Community  and  the 
International  Atomic  Energy  Agency  (INFCIRC/193),  as  required  by  these  Member  States' 
Act of Accession to the EU, were closed because of compliance. 

Negotiations  continued  with  the  Sellafield  (UK)  operators  with  a  view  of  rectifying  the 
shortcomings  which  originated  the  warning  the  Commission  issued  on  15  February  2007 
(Decision  2006/626/Euratom),  in  accordance  with  Article  83  of  the  Treaty  (failure  of  the 

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operator  of  a  nuclear  installation  to  satisfactorily  fulfil  its  obligations).  Furthermore,  the 
progress in the case of a Commission Directive based on Article 82 of the Treaty, concerning 
another installation on the same site, was monitored. 

On 18 July 2007, the Court of Justice of the European Communities ruled (Case C-155/06) 
that the UK had failed to fulfil its obligations under Article 53 of the Directive 96/29/Euratom 
of  13  May  1996  (Basic  Safety  Standards).  The  Commission  invited  the  UK  to  outline  the 
legislative measures planned to rectify the situation. 

–  Notifications of draft legislation under Article 33 Euratom 

The submission of draft texts, under Article 33 of the Euratom Treaty, allows the Commission 
to  make  appropriate  recommendations  or  remarks  before  the  finalisation  of  the  national 
procedure  for  the  adoption  of  transposition  measures,  so  that  possible  instances  of  non-
compliance can be identified even before the texts are adopted. 

During  2007,  notifications  of  national  measures  implementing  Directive  96/29/Euratom 
("Basic Safety Standards") made up almost a half of the whole, while notifications related to 
Directive  2003/122/Euratom  (on  the  control  of  high-activity  sealed  radioactive  sources  and 
orphan sources) represented one-third. 

–  Activities under Articles 35 and 37 of the Euratom Treaty 

Under  Article  35  of  the  Euratom  Treaty,  the  Commission  services  conducted  seven 
verification  missions  in  Bulgaria,  Germany,  Estonia,  Finland,  Luxembourg,  Romania  and 
Spain.  The  purpose  was  to  provide  an  independent  assessment  on the  adequacy  of  facilities 
intended to monitor levels of radioactivity in the environment. 

All  verifications  started  with  a  preliminary  audit  of  the  monitoring  and  inspection  activities 
carried out by the relevant national authorities and of the legal framework in force. 

Moreover, by its Communication of 20th December (COM(2007) 847 final), the Commission 
provided an overview of all Article 35 verifications carried out since 1990. 

Under  Article  37,  twelve  Commission  opinions  were  adopted  on  plans  for  the  disposal  of 
radioactive waste submitted by Member States. 

–  Safeguards Inspections 

The Commission continued to satisfy itself that in the territories of the Member States nuclear 
materials  were  not  diverted  from  their  intended  use  as  declared  by  the  users  and  that  the 
international  safeguards  obligations  assumed  by  Euratom  were  complied  with.  A  total  of 
1.485 inspections were carried out during 2007. 

–  Post-Chernobyl legislation on foodstuffs 

The Commission continued to monitor the implementation of the specific legislation, adopted 
following  the  nuclear  accident  in  Chernobyl,  governing  imports  of  agricultural  products 
originating in third countries. 

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The  results  of  the  study  to  update  the  Commission's  information  basis  on  the  potential 
radioactive  contamination  of  specific  foodstuffs  originating  from  third  countries  were 
presented to the Committee under Article 7 of Council Regulation nº 737/90/EEC. The study 
indicated  that,  for  a  number  of  agricultural  products,  controls  of  the  radioactive  caesium 
contamination at the border of the EU will remain necessary for at least 20 years. 

–  Notifications under Article 103 of the Euratom Treaty 

Article 103 is part of the Treaty Chapter on external relations. It establishes a procedure for 
the  preliminary  examination  of  the  compatibility  with  the  Treaty  of  draft  agreements  or 
contracts, which are about to be concluded, within the scope of the Treaty, between a Member 
State and a third party (i.e. a third State, an international organisation or a national of a third 
State). 

This  Euratom  Treaty-specific  procedure,  which  has  to  be  finalised  within  a  binding  one-
month  time  frame,  is  intended  to  ensure  that  the  Treaty  requirements  are  not  frustrated  by 
international agreements or contracts that the Member States may conclude. 

In  2007,  the  number  of  Article  103  (both  formal  and  informal)  notifications  to  the 
Commission grew to 15. 

A clause in one of the notified draft agreements seemed to contravene Chapter 7 of the Treaty 
regarding  safeguards.  Having  been  informed  of  this  possible  incompatibility,  the  Member 
State  concerned  renounced  its  notification  and  went  again  into  negotiations  with  the  third 
party. It notified subsequently an amended draft agreement which was acceptable. 

In another case, several clauses of a notified draft agreement seemed to be incompatible with 
provisions of Treaty Chapters 6 (on supplies, including the Euratom Supply Agency), 7 (on 
safeguards) and  9 (on  the  nuclear  common market). Having been accordingly informed, the 
Member  State  concerned  accepted  the  DG  TREN  arguments  and  renounced  its  notification, 
discontinuing the conclusion of the agreement in the terms it was notified. 

–  Notifications under Article 105 of the Euratom Treaty 

Under  Article  105  (which  is  also  part  of  the  Treaty  Chapter  on  external  relations),  new 
Member States communicate to the Commission, within 30 days from their accession to the 
EU,  the  agreements  or  contracts  they  may  have  concluded  with  a  third  party  prior  to  their 
accession. 

The  two  States,  Bulgaria  and  Romania,  which  acceded  on  1st  January  2007  notified,  as 
required,  their  contracts  and  agreements;  these  were  checked  and,  with  one  exception, 
grandfathered. 

5.1.2.9.2 Transports 

5.1.2.9.2.1  Road transport 

–  Working time in road transport 

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legislation 

transposing  Commission  Directive  2006/22/EC91  on 

The  Commission  lodged  proceedings  against  eleven  Member  States  for  not  having  adopted 
the  necessary 
the 
implementation of European social legislation relating to road transport activities by 1 April 
2007. Six cases were resolved in the course of the year with five still pending at the end of 
2007. The Directive provides for a tripling of the number of checks on compliance with the 
rules  on  driving  time  and  rest  periods  progressively  until  2010.  Moreover,  it  requires  a 
minimum number of joint checks between enforcement authorities of different Member States 
each  year,  a  better  coordination  and  cooperation  between  enforcement,  joint  training 
programmes,  standard  equipment  levels  and  the  establishment  of  electronic  information 
exchange systems.  

As regards working time the Commission continued the control of implementation concerning 
Directive  2002/1592.  Two  Member  States  had  still  not  notified  their  national  implementing 
measures  and  were  brought  before  the  Court.  The  national  measures  of  the  other  Member 
States were assessed and 18 had to be considered incomplete or inaccurate. Pre-infringement 
letters were addressed to those Member States. 

As required by the Directive the Commission prepared a report (COM(2007) 266) on the key 
findings  of  the  analysis  of  consequences  of  exclusion  of  self-employed  drivers  and  of  night 
time provisions in respect of road safety, conditions of competition, structure of profession as 
well as social aspects. The report was adopted on 23 May 2007 and presented to the European 
Parliament and the Council as a part of the road package adopted by the Commission. In order 
to  prepare  the  subsequent  legislative  proposal  foreseen  in  the  Directive,  the  formal  impact 
assessment was launched in August 2007 with a view to analyse possible policy options and 
assess their direct and indirect impacts.  

–  Road charging 

During  2007,  the  Commission  continued  to  verify  the  national  transposing  measures  and 
correct application of the so called "Eurovignette Directive"93. Out of 11 infringement cases 
that were open beginning of 2007, one case was brought before the Court and five other cases 
could be closed. 

5.1.2.9.2.2  Railway transport 

–  Market access legislation 

In 2007 the Commission services started an in-depth analysis as regards the implementation 
by  the  Member  States  of  the  1st  railway  package  adopted  in  2001,  focussing  on  Council 
Directive 91/440/EEC on development of the Community's railways as amended by Directive 

91 

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93 

Directive  2006/22/EC  of  15  March  2006  determines  the  minimum  level  of  enforcement  required  to 
ensure  compliance  with  the  rules  set  out  in  Regulation  (EC)  nº  561/2006  (driving  times  and  rest 
periods) and Regulation (EEC) 3821/85 (tachograph) 
Directive  2002/15/EC  of  the  European  Parliament  and  of  the  Council  of  11  March  2002  on  the 
organisation  of  the  working  time  of  persons  performing  mobile  road  transport  activities  (OJ  L  080  , 
23.3.2002, p. 35) 
Directive 1999/62/CE of the European Parliament and of the Council of 17 June 1999 on the charging 
of heavy goods vehicles for the use of certain infrastructures (OJ L 187 du 20/07/1999 p. 0042) 

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2001/12/EC94, as well as Directive 2001/14/EC95 of the European Parliament and the Council 
on the allocation of railway infrastructure capacity and the levying of charges for the use of 
railway infrastructure and safety certification. 

As  a  first  step  questionnaires  were  sent  out  to  all  Member  States  in  May  2007  requesting 
information  about  how  the  provisions  of  the  Community  legislation  were  implemented  in 
national law. Following to the analysis of the answers received, a second enquiry was sent in 
November 2007 to ask Member States for more detailed information. 

The exercise will be on-going in 2008 with possible opening of infringement cases where it 
can be presumed that national law does not comply with Community legislation. 

–  Interoperability and Safety 

In the sector of railway interoperability and safety, the Commission opened 18 infringement 
cases for non-communication of national implementation measures addressed to 10 Member 
States,  concerning  Directives  2004/49/EC96  on  safety  of  the  Community's  railways  and 
Directive 2004/50/EC97 on the interoperability of the European high-speed and conventional 
rail  system.  Most  of  the  cases  were  closed  following  the  notification  of  national 
implementation measures by the Member States. The Court of Justice declared the failure by 
one  Member  State  to  fulfil  its  obligations  under  Community  law  for  one  and  another 
Directives. 

5.1.2.9.2.3  Road safety 

The  bulk  of  infringement  proceedings  in  this  field  deals  with  non  communication  of  the 
transposition of legislation or the non fulfilment of reporting obligations. 

–  Tunnels 

The  Commission  lodged  new  proceedings  against  two  Member  States  for  not  having 
communicated  the  transposition  measures  for  Directive  2004/5498  on  tunnels,  one  of  which 
could  be  closed  the  same  year.  Three  proceedings  that  had  been  launched  in  2006  could  be 
closed. 

The Commission further lodged proceedings for incorrect application against twelve Member 
States for not having communicated the national plans towards meeting the requirements of 
Directive 2004/54. Eleven cases were resolved in the course of the year with one still pending 
at the end of 2007. 

94 

95 

96 

97 

98 

Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 (OJ L 75 of 
15.3.2001) 
Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 (OJ L 75 of 
15.3.2001) 
Directive 2004/49/EC of  the European  Parliament  and  of  the  Council  of 29  April 2004  (OJ  L 220  of 
21.6.2004) 
Directive  2004/50/EC  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  amending 
Council  Directive  96/48/EC  on  the  interoperability  of  the  trans-European  high  speed  rail  system  and 
Directive  2001/16/EC  of  the  European  Parliament  and  of  the  Council  on  the  interoperability  of  the 
trans-European conventional rail system (OJ L 220 of 21.6.2004) 
Directive  2004/54/EC  of  29  April  2004  on  minimum  safety  requirements  for  tunnels  in  the  trans-
European Road Network (OJ L 167 of 30.4.2004, p. 39). 

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One procedure against a Member States for failure to communicate the required information 
is still pending. 

–  Professional drivers 

The  Commission  could  close  seven  proceedings  for  non  communication  of  the  transposing 
measures  for  Directive  2003/59/EC99  without  further  proceeding.  Reasoned  opinions  were 
sent  to  eight  Member  States.  Three  Member  States  notified  the  transposing  measures  after 
having received reasoned opinions and the procedures could be closed. 

–  Seat belts 

The  Commission  could  close  5  proceedings  for  non  communication  of  the  transposing 
measures  for  Directive  2003/20/EC100  after  sending  letters  of  formal  notice.  One  procedure 
remains open. 

–  Technical inspections/road worthiness 

The Commission could close five proceedings for bad application of Directive 2000/30/EC101f 
or  not  having  communicated  the  national  reports  on  inspections  performed  in  the  period  of 
2003 and 2004. 

One  letter  of  formal  notice  was  sent  for  bad  application  of  Directive  96/96/EEC102,  on  the 
approximation of roadworthiness tests. 

5.1.2.9.2.4  Air transport 

–  Bilateral agreements 

Following the “open skies” judgments of 5 November 2002, the Commission asked Member 
States to take two measures to remedy the situation: grant the Commission a mandate to open 
negotiations with the United States, and remove the legal problem identified by the Court by 
terminating existing bilateral agreements between them and the US. Infringement proceedings 
were  initiated  against  all  the  Member  States  that  have  bilateral  agreements  with  the  United 
States  (20  countries  out  of  25).  These  air  agreements  contain  "nationality"  clauses  whereby 
only national companies in the signatory countries can benefit from the agreement, which is a 
flagrant  breach  of  European  law.  The  Commission  has  since  concluded  an  open  skies 
agreement  with  the  United  States  in  April  2007  which,  once  implemented,  will  remove  the 
illegal  "nationality"  clauses  and  bring  Member  States  into  conformity  with  European  law. 
Members  States  are  processing  with  their  internal  procedures  to  ratify  the  agreement  which 

99 

100 

101 

102 

Directive  2003/59/EC  of  15  July  2003  on  the  initial  qualification  and  periodic  training  of  drivers  of 
certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 
3820/85  and  Council  Directive  91/439/EEC  and  repealing  Directive  76/914/EEC  (OJ  L  226  of 
10.9.2003, p. 4) 
Directive  of  16  December  1991  relating  to  the  compulsory  use  of  safety  belts  and  child-restraint 
systems in vehicles (OJ L 373, 31.12.1991, p. 26) 
Directive  2000/30/EC  of  6  June  2000  on  the  technical  roadside  inspection  of  the  roadworthiness  of 
commercial vehicles circulating in the Community (OJ L 203, 10.8.2000, p. 1) 
Directive  96/96/EC  of  20  December  1996  on  the  approximation  of  the  laws  of  the  Member  Status 
relating to roadworthiness tests for motor vehicles and their trailers (OJ L 46, of 17.2.1997, p. 1) 

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will  enter  info  force  when  these  internal  procedures  will  be  achieved.  For  this  reason  the 
infringement procedures are pending accordingly. 

–  Single European sky 

The  main  objective  of  the  Single  European  Sky  (SES)  is  to  improve  the  efficiency  of  air 
traffic management (ATM) in order to avoid air traffic delays and to increase the capacity in 
the  airspace.  The  main  problem  in  Europe  is  fragmentation  of  ATM  at  national  level.  This 
legislative package comprises four elements: a regulation laying down the framework for the 
creation of SES (the "Framework regulation); a regulation laying down common requirements 
for the provision of air navigation services (the "Service provision regulation"); a regulation 
on  the  organisation  and  the  use  of  airspace  in  the  SES  (the  airspace  regulation");  and  a 
regulation  on  the  interoperability  of  the  European  ATM  network  (the  "interoperability 
regulation"). 

–  Air Passengers' rights 

The  Commission  Communication  of  April  2007  on  the  operation  and  results  of  Regulation 
(EC) nº 261/2004, establishing common rules on compensation and assistance to passengers 
in the event of denied boarding and of cancellation or long delay of flights, highlighted the 
existence  of  a  number  of  problems,  which  prompted  DG  TREN  to  take  twofold  action  in 
order  to  improve  the  application  of  the  Regulation.  While  infringement  procedures  were 
launched  where  relevant,  contacts  were  intensified  with  stakeholders  at  all  levels  (airlines, 
National Enforcement Bodies and national authorities) and public information was enhanced. 

As a result of six months of intensive contacts with all stakeholders: 

(7) 

(8) 

(9) 

A  consensus  was  achieved  on  improved  national  procedures  and  a  common 
understanding  on  the  text  of  the  Regulation.  A  standardised  complaint  form 
and  a  guidance  document  entitled  Questions  &  Answers  reflect  this 
consensus. 

Better  enforcement  was  ensured,  through  a  pro-active  approach  from  the 
Commission's  security  airport  inspectors  and  verification  that  national 
provisions on sanction are in place. 

Fully  reviewed  poster  and  brochures  were  distributed  and  available  in  22 
official languages. 

Detailed information on these achievements is available at  

http://ec.europa.eu/transport/air_portal/passenger_rights/information_en.htm 

Since July 2007, Regulation (EC) Nº 1107/2006 concerning the rights of disabled persons and 
persons  with  reduced  mobility  when  travelling  by  air,  has  been  partially  applicable,  in 
particular  its  provisions  on  equal  treatment  of  persons  affected  by  reduced  mobility.  These 
provisions prohibit the refusal of carriage or bookings on the basis of reduced mobility of the 
disabled or the elderly by an air carrier or its agent or a tour operator for flights from airports 
in the EU. A conference was organised in January 2008 to ensure a successful full application 
of Regulation Nº 1107/2006 as from July 2008 and to make each category of operators aware 
of  the  specific  needs  and  constraints  of  the stakeholders  concerned.  A  workshop  with  PRM 

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organisations  was  held  to  ensure  that  these  organisations  can  fulfil  the  responsibilities 
foreseen.  

–  Air safety 

Operational requirements for civil commercial aircraft (EU-OPS) (Regulation 3922/91): DG 
TREN  hosted  three  meetings  of  the  Air  Safety  Committee  aiming  at  assisting  the  Member 
States in the correct understanding and implementation of the Regulation; DG TREN treated 
three  formal  requests  for  exemptions  to  EU-OPS  requirements;  it  also  analysed  the 
inspections of Member States conducted by the European Aviation Safety Agency (EASA) to 
assess the level of compliance with applicable operational requirements. 

Occurrence reporting in civil aviation (Directive 2003/42): DG TREN completed the analysis 
of national transposition measures notified by Member States; during the annual meeting of 
the ECCAIRS103 Steering  Committee, the representatives of civil aviation authorities and/or 
accident investigation bodies of the Member States met and discussed with the Commission's 
services to take stock of the implementation of Directive 2003/42. It gave the opportunity to 
exchange  best  practices  and  to  help  Member  States  to  apply  the  Directive  and  operate  the 
exchange of safety information mandated by the Directive. 

Accident  investigation  (Directive  94/56):  DG  TREN  opened  an  infringement  procedure  for 
failure to implement correctly the Directive. 

The EC SAFA programme (safety assessment of foreign aircraft) (Directive 2004/36/EC): an 
important  number  of  ramp  inspections  on  foreign  aircraft  visiting  Community  airports  were 
performed  by  the  Member  States,  as  prescribed  under  the  Directive,  and  analysed  by  DG 
TREN  services;  three  meetings  of  the  Air  Safety  Committee  served  to  improve  and  further 
develop  the  Programme  as  well  as  to  assist  the  Member  States  in  the  correct  understanding 
and  implementation  of  the  Directive;  DG  TREN  continued  managing  6  infringement 
procedures for non communication of national transposition measures by Member States and 
proposed appropriate decisions to the Commission: one reasoned opinion was sent, 5 Member 
Sates were sent to the Court and, after analysis of the national transposition measures notified, 
5 of the procedures could finally be closed. Constant guidance on the implementation of the 
Directive  was  given  to  Member  States  as  well  as  non-EU  ECAC  States  participating  in  the 
SAFA Programme.  

Inspections on certification and maintenance performed by the EASA (Regulations 216/2008, 
1702/2003, 2042/2003 and 736/2006): DG TREN followed closely the inspections conducted 
by EASA to assist the Commission in monitoring the application of the Basic Regulation and 
its implementing rules by the national aviation authorities of the Member States. In particular, 
39 inspections were conducted as regards both initial and continuing airworthiness in 2007. 

Black  List  (Regulation  2111/2005):  DG  TREN  contributed  to  the  harmonised  interpretation 
and implementation of this Regulation by the clarifications and explanations given during the 
three meetings of the Air Safety Committee held in 2007 and a dedicated Workshop held in 
the  European  Parliament  on  28  November  2007;  it  also  monitored  the  correct  actual 
implementation of the rules through the Alert system set up with Eurocontrol; in May 2007 
the  Commission  created  a  working  group  with  Member  States  and  representatives  from 

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European Co-ordination centre for Accident and Incident Reporting Systems. 

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ECAC104  and  EASA  tasked  to  examine  in  detail  the  USOAP105  reports  issued  by  ICAO106 
according  to  the  comprehensive  approach  and  examine  the  relevance  of  the  results  of  such 
examination  in  the  context  of  the  application  of  Regulation  Nº  2111/2005.  This  working 
group  met  twice  in  2007.  Thanks  to  its  work  the  Commission  has  now  more  concrete  and 
solid  information  regarding  the  safety  performance  of  numerous  ICAO  States  and  in 
particular the efficiency of the exercise of oversight by various civil aviation authorities. Also, 
the  analysis  carried  out  in  this  group  has  confirmed  measures  taken  in  the  context  of 
Regulation Nº 2111/2005. 

–  Aircraft noise (Directive 2002/30) 

DG  TREN  completed  the  analysis  of  national  transposition  measures  notified  by  Member 
States, leading to close the pending infringement case against Luxemburg. 

–  Air security.  

The  Commission  carries  out  civil  aviation  security  inspections  in  all  27  Member  States  as 
well  as  in  Switzerland  on  the  basis  of  Regulation  (EC)  No  2320/2002  of  the  European 
Parliament and of the Council of 16 December 2002, establishing common rules in the field 
of civil aviation security.  

Since the introduction of Community rules in 2002 and of Commission's inspections in 2004, 
compliance  with  Community  rules  on  aviation  security  has  improved.  In  total,  up  to  31 
December  2007,  117  inspections  have  been  carried  out:  34  inspections  of  national 
administrations  and  83  of  airports  (including  follow-up  inspections).  In  2007,  10  national 
administrations and 18 airports (including follow-up inspections) have been inspected. 

In  2007,  one  infringement  procedure  was  initiated  following  inspection  of  its  national 
administration and an airport situated in its territory.  

The  Commission  has  further  intensified  its  cooperation  with  the  US,  the  outcome  of  which 
will be a Working Arrangement with the Transportation Security Administration (TSA) in the 
field  of  civil  aviation  security  inspections.  In  addition,  the  preparatory  work  for  a 
Memorandum of Cooperation with the International Civil Aviation Organisation (ICAO) has 
been reinforced aiming at minimizing duplication of efforts within the European Union. 

Every  year,  a  report  on  aviation  security  in  the  European  Union  is  published  by  the 
Commission107. The report on the 2007 situation will be published in the course of 2008. 

5.1.2.9.2.5  Maritime transport 

–  Port reception facilities for ship-generated waste and cargo residues 

The Commission decided to lodge a case to the Court of Justice against Germany, Spain and 
Estonia.  These  countries  failed  to  respect  EU  legislation  on  the  improvement  of  the 

104 
105 
106 
107  

European Civil Aviation Conference. 
Universal Safety Oversight Audit Programme. 
International Civil Aviation Organisation. 
Second  Report  on  the  Implementation  of  Regulation  (EC)  2320/2002  on  civil  aviation  security, 
COM(2007) 542 final of 24 September 2007. 

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availability  and  use  of  port  reception  facilities  for  ship-generated  waste  and  cargo  residues 
(Directive  adopted  in  2000).  In  all  three  cases,  Commission  action  was  prompted  by  the 
insufficient  implementation  of  the  obligation  to  develop,  approve  and  implement  waste 
reception and handling plans relating to all national ports, including fishing ports and marinas. 
These plans are a key element in ensuring that port reception facilities made available meet 
the needs of the ships normally using the ports that their operation does not cause undue delay 
to  ships  and  that  fair,  transparent  and  non-discriminatory  fees  are  applied.  Member  States 
should  have  established  and  implemented  waste  reception  and  handling  plans  for  all  their 
ports by 27 December 2002. 

On  this  issue,  the  Commission  has  also  engaged  contacts  with  France  following  its 
condemnation by the European Court of Justice in December in order to ascertain whether the 
measures required by the Court were adopted by the French authorities. 

More  generally,  the  Commission  has  launched  a  program  of  inspection  visits  to  Member 
States  in  co-operation  with  the  European  Maritime  Safety  Agency  (EMSA).  The  program 
aims  at  checking  how  the  full  array  of  the  obligations  contained  in  the  Directive  is 
implemented by Member States.  

Finally,  non  conformity  issues  (in  particular  on  inspection  and  enforcement  of  the  relevant 
legislation)  led  the  Commission  to  send  a  reasoned  opinion  on  port  reception  facilities  to 
Estonia. 

–  Traffic monitoring, Port state control, ship-source pollution 

The Commission sent a reasoned opinion to Poland and Malta for incorrect transposition of 
Directive 2002/59/EC on traffic monitoring . This Directive is an essential part of the second 
maritime package adopted by the Community in the wake of the Erika disaster. It sets out the 
obligation to notify the maritime authorities, in particular in case a ship is carrying dangerous 
or polluting goods. The directive also provides for the monitoring of hazardous ships and for 
the intervention in the event of accidents at sea. It was deemed to be transposed by the two 
Member States on 1st May 2004 (accession date). The Commission found fault in the Maltese 
provisions  dealing  with  the  obligation  to  fit  ships  with  devices  such  as  Automatic 
Identification Systems (AIS) and Voyage Data Recorders (VDR), whilst Poland was criticised 
because inter alia of its provisions on the reporting of accidents and incidents at sea and on the 
notification of dangerous and polluting goods. 

On  port  state  control,  the  Commission  followed-up  the  conclusion  of  the  first  series  of  20 
EMSA inspections in the Member States aimed at assessing their general implementation of 
Directive 95/21/EC . The Directive aims at reducing substandard shipping in the waters under 
the  jurisdiction  of  Member  States  through  increased  compliance  with  international  and 
relevant Community legislation on maritime safety, protection of the marine environment and 
living  and  working  conditions  on  board  ships  of  all  flags.  To  this  purpose,  the  directive 
establishes common criteria for control of ships by the port State and harmonises procedures 
on  inspection  and  detention  of  substandard  ships.  Member  States  adopted  several 
improvements  to  the  operation  of  their  systems  following  EMSA's  inspections.  The 
Commission requested EMSA's assistance to assess the impact of such improvements. 

Finally,  on  ship-source  pollution,  the  Commission  sent  reasoned  opinions  to  eight  Member 
States  (Cyprus,  Estonia,  Finland,  France,  Luxembourg,  Malta,  Portugal  and  the  United 

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Kingdom)  for  failure  to  fully  transpose  into  national  law  a  Directive  adopted  in  2005.  The 
Directive  aims  at  improving  maritime  safety  and  enhancing  the  protection  of  the  marine 
environment  from  pollution  by  ships.  It  implements  international  standards  for  ship-source 
pollution into Community law, defines ship-source discharges of polluting substances at sea 
as infringements when committed with intent, recklessness or serious negligence and calls for 
adequate penalties to be imposed to all persons responsible for such discharges. The Directive 
should have been fully transposed into national law by 1 April 2007. 

–  Maritime services 

In  order  to  ensure  a  complete  application  of  the  ruling  of  the  Court  regarding  the  maritime 
cabotage in the bay of Vigo, the Commission sent a letter of formal notice to Spain. 

5.1.3  Changes Underway 

5.1.3.1  Recently  adopted  measures  due  to  enter  into  force  which  may  require  additional 

work 

For a list of such measures please refer to Annex I paragraph 2.4 

5.1.3.2  New  measures  due  to  be  adopted  which  may  require  specific  implementation  / 

transposition work 

For a list of such measures please refer to Annex I paragraph 2.5 

5.1.3.3  Volume  of  enquiries,  complaints, 

infringements  work  and  petitions,  and 

prioritization among them 

Based  on  experience,  DG  TREN  will  keep  monitoring  implementation  of  the  transport  and 
energy acquis by all available means. 

When addressing failures to comply with the EU legislation, some cases will be pursued more 
immediately ("priority cases"). 

As a matter of principle those priority cases concern those files relating to the failure to notify 
transposing measures and the failure to comply with a previous Court ruling (Articles 228 EC 
- 143 Euratom). 

When  identifying  other  priority  cases  (on  a  case  by  case  basis),  DG  TREN  takes  into 
consideration the actual effects of the infringement, and examines whether the infringement at 
stake can have a far reaching negative impact on: 

(a) The completion of the internal market for transport / energy; 

(b) The safety and security of European citizens and workers; 

and / or 

(c) the sustainability of energy and transport policies. 

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DG TREN started end of 2007 a reflection exercise in order to analyse the effectiveness of its 
model of control of implementation and to identify possible aspects subject to improvement. 
An Action Plan is under development that might imply a reorientation of these tasks.  

5.1.4  Evaluation 

5.1.4.1  Energy 

5.1.4.1.1  Conventional sources of energy. 

The Community acquis concerns three main sectors  with different profiles: 

–  Provisions on security of supply 

This is a fairly stable acquis presenting a manageable volume and nature of problems arising. 

National  measures  transposing  Directive  2004/67  on  security  of  gas  supply  were  to  be 
transposed  by  19.05.2006  and  notified  to  the  Commission,  including  a  correlation  table, 
which  is  still  missing  today  for  three  Member  States.  Delays  in  full  implementation  of  the 
Directive are linked to the need to implement national emergency measures, requiring action 
at two consecutive levels: Member States and market players. 

Implementation  of  this  Directive  implies  a  constant  dialogue  with  Member  States  (in  the 
framework of the Gas Coordination Group) and building crisis mechanisms. The guidance for 
the emergency mechanism at the European level is still to be developed.  

An  evaluation  report  on  this  Directive  is  under  preparation  and  will  be  part  of  the  2nd 
Strategic Energy Review package to be adopted in late 2008. The preliminary conclusions of 
the  report  show  a  need  of  streamlining  the  definitions  of  the  directive  and  explain  some 
provisions. 

According  to  this  directive,  Member  States  define  the  security  of  gas  supply  roles  and 
responsibilities  for  market  players  in  the  internal  energy  market,  as  well  as  the  emergency 
measures.  The  late  transposition  has  a  negative  impact  on  the  functioning  of  the  internal 
energy market, because the security of gas supply can not be guaranteed adequately.  Some 
threat of disruption affecting some Member States has shown the need to have this directive 
duly implemented.  

The control of conformity of the national transposing measures is being completed with the 
information provided during national presentations at the Gas Coordination Group.  

In  this  field,  the  recourse  to  regulations  should  be  excluded,  as  it  is  necessary  to  take  into 
account  specific  national  provisions  for  each  Member  State,  which  faces  different  situation, 
i.e.  from  single  to  multiple  sources  and  routes  of  supply,  availability  of  storage  etc…  In 
addition the defined security of gas supply standards depend very much on climate conditions 
of Member States. 

–  Internal market for electricity and gas. 

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The origins of the EC acquis on the internal market for electricity and gas date back to 1996 
and  1998,  with  changes  introduced  in  2003  and  2005.  It  is  a  fairly  stable  acquis  which  is 
however  being  developed,  after  the  Commission  identified  a  number  of  obstacles  to  the 
smooth functioning of the internal market. Five new legislative proposals are therefore under 
discussion at the Council and the European Parliament. 

Several reasons may explain the delays in transposing the Directives, and in particular the fact 
that  Member  States  had  to  adapt  the  internal  structures  of  companies  that  were  previously 
vertically  integrated,  this  being  a  long  process  that  could  spread  over  years.  Some  Member 
States decided to postpone the implementation of some provisions of the directives for social 
policy reasons. As for the newest Member States, they had to produce a new legislation while 
they had just transposed the oldest provisions prior to accession. 

Transposition  deadlines  usually  applied  in  this  field  seem  long  enough  to  allow  for  timely 
implementation,  taking  into  account  that  late  transposition  affects  seriously  competition  at 
European level with repercussions on the energy users, whether industrial or households. As 
long  as  transposition  is  not  complete,  the  quasi-monopoly  of  the  historical  undertaking 
remains  in  place.  Delays  have  also  a  negative  impact  on  the  productivity  of  the  energy 
producers, and therefore on their capacity to further invest on production or transport. 

Community  legislation  in  this  field  is  also  made  of  a  number  of  regulations,  whose 
implementation  in  the  different  Member  States  is  however  difficult  to  assess.  The 
Commission's  services  are  therefore  putting  in  place,  in  coordination  with  the  national 
regulators, a verification process based on national inspections. Appropriate conclusions will 
be drawn and action will be taken where necessary. 

–  Oil and Coal 

As  regards  coal,  the  acquis  under  our  responsibility  can  be  considered  to  be  a  fairly  stable 
legislation with a manageable volume and nature of problems. 

Oil  sector  represents  also  a  stable  legislation  with  some  policy  developments  and  identified 
problems. 

Recent  enlargements  have  not  been  followed  by  an  increase  of  staff  as  would  be  needed  to 
ensure a uniform and systematic control of application of the legislation, especially regarding 
oil  stocks  and  hydrocarbon  licensing.  Concerning  more  specifically  the  legislation  on  oil 
stocks,  successive  enlargements  have  also  considerably  increased  the  opportunities  for 
Member States to conclude intergovernmental agreements and thus for industrial operators to 
rely on contractual arrangements (or "tickets") to comply with their stockholding obligations, 
which has rendered control activities a lot more complicated themselves.  

5.1.4.1.2  Renewable sources of energy 

Legislation  on  renewable  sources  of  energy  represents  a  new  acquis  with  significant  policy 
developments. The main instruments are Directive 2001/77/CE on the promotion of electricity 
produced  from  renewable  energy  sources  in  the  internal  electricity  market  and  Directive 
2003/30/EC on the promotion of the use of biofuels or other renewable fuels for transport. 

Late  transposition  of  some  of  the  elements  of  the  directives  was  usually  due  to  lengthy 
legislative procedures combined with a lack of political decision (decision on midterm targets, 

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support  scheme).  In  some  cases,  detailed  rules  for  transposing  key  provisions  were  left  to 
secondary legislation (e.g. issuance of guarantees of origin), not put in place. 

These  directives  set  political  targets  for  renewables  for  2010.  All  the  relevant  legal  
instruments contribute to reach these targets, so the implementation is dynamic. Trends can be 
observed  and  judged  if  they  reflect  the  appropriate  measures  for  target  achievement  or  not. 
Late transposition therefore makes it more difficult to reach targets as it creates uncertainty. 
Environmental  objectives  (share  of  renewable  energy  sources  in  transport  and  electricity 
consumption limiting polluting technologies and GHG emissions) will also be more difficult 
to reach. 

A  risk-based  assessment  of  conformity  was  carried  out,  by  a  selective  check  of  the  most 
important  provisions  for  individual  Member  States  (based  on  renewable  energy  deployment 
and development not in line with objectives); follow-up is based on complaints and Member 
State reporting. 

Given  the  differing  nature  of  renewable  energy  markets,  of  support  regimes  and  policy 
frameworks  in  the  different  Member  States,  a  directive  is  an  appropriate  instrument,  rather 
than a regulation. 

5.1.4.1.3  Energy efficiency 

Legislation on energy efficiency represents a fairly new legislation and in a crucial phase of 
their implementation with significant policy developments. 

It  is  based  on  the  following  legislative  pillars:  Directive  2002/91/EC  on  the  energy 
performance of buildings, Directive 2004/8/EC on the promotion of cogeneration based on a 
useful  heat  demand  in  the  internal  energy  market,  Directive  2006/32/EC  on  energy  end-use 
efficiency and energy services, Directive 2005/32/EC establishing a framework for the setting 
of ecodesign requirements for energy-using products and Directive 92/75/EEC on the energy 
labelling of household appliances.  

While  being  relatively  new  Directives  (except  for  92/75/EEC),  which  have  been  recently 
transposed,  some  provisions  need  already  further  clarification  and  deepening.  This  is  for 
instance the case of the Directive on energy performance of buildings, recasting of which will 
be proposed in late 2008. Evaluation of the subsequent legislation could take place in 2010. 
Regarding the Directive on cogeneration, a calculation method which is crucial for its further 
implementation by the Member States is being finalised in the Comitology process. Deadlines 
for the implementation of the Directive on energy end-use efficiency and energy services have 
just expired. The results of the reporting obligations of the Member States with the National 
Energy  Efficiency  Action  Plans  are  under  evaluation.  The  first  results  hereof  are  expected 
during  autumn  2008  and  the  full  assessment  of  this  Directive  is  foreseen  in  2009.  Eventual 
modifications or supportive actions will be considered afterwards. 

Concerning in particular the Directive establishing a framework for the setting of ecodesign 
requirements for energy-using products, a number of execution measures are being prepared, 
which  will  be  adopted  in  the  form  of  Commission's  regulations  in  the  coming  years.  An 
evaluation  will  be  possible  around  2010  as  the  first  implementing  measures  will  enter  into 
force in 2009 and the first requirements will be applicable one year later. 

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As a rule, no late transposition is acceptable because late transposition implies the lack of a 
legislative/regulatory  framework  at  Member  State  level  for  the  application  of  the  upcoming 
implementing measures, and as a matter of consequence a negative impact on the functioning 
of the internal market, on consumers at the EU, and on the achievement of the goals fixed for 
increasing the energy efficiency of the European economy. 

However,  specific  circumstances  may  justify  a  certain  delay  in  the  Member  States' 
transposition.  This  is  for  instance  the  case  with  the  Cogeneration  Directive.  Committee 
discussions  on  the  establishment  of  a  crucial  calculation  methodology  have  delayed  the 
implementation  of  some  of  the  clauses  of  the  Directive.  Although  the  delay  in  fixing  this 
methodology  may  have  a  market  impact  by  not  sufficiently  supporting  high  efficiency 
cogeneration, the benefits of globally accepted methodology outweigh the inconvenience of a 
disputed methodology in place. This does not permit the Member States, however, to ignore 
unrelated  obligations,  such  as  reporting,  which  are  monitored  and  will  be  followed  by 
appropriate action. 

Introducing  correlation  tables  in  which  the  Members  States  indicate  themselves  which 
national  measure  implements  which  article  of  the  Directive,  would  be  an  important  help  to 
facilitate  the  monitoring  of  the  implementation  of  the  acquis.  Especially  in  Member  States 
that  are  composed  of  regions  with  legislative  power,  correlation  tables  could  be  a  vital 
instrument for the follow-up of implementation. The introduction of an obligation to submit 
correlation tables is thus an absolute priority. 

The  assessment  of  all  national  transposing  measures  legislation  is  performed  by  DG  TREN 
services,  partially  in  cooperation  with  the  Joint  Research  Center  and  with  the  Directorate 
General for Enterprise and Industry. 

5.1.4.1.4  Euratom acquis 

The  Community  acquis  on  Radiation  Protection  constitutes  a  consistent,  fairly  stable 
legislative framework in permanent evolution, with Directive 96/29/Euratom, laying down the 
Basic  Safety  Standards,  as  principal  piece  of  legislation,  as  supplemented  by  more  than  25 
instruments of both binding and non-binding nature, covering all the fields of application of 
ionising  radiation,  such  as  the  medical  exposures,  the  information  of  the  public  in  case  of 
radiological  emergency ,  the  protection  of  so-called  « outside  workers »  or  the  import 
restrictions  to  contaminated  foodstuffs  and  feedingstuffs  among  others.  The  Basic  Safety 
Standards Directive is in the process of being modified based on the latest recommendations 
of the International Commission on Radiation Protection, and a proposal for a new Directive 
is expected in 2010, integrating as much as possible the provisions of several complementary 
directives. 

Member States notified the national transposing measures for Directive 2003/122/Euratom, on 
the  control  of  high  activity  sealed  radioactive  sources  at  the  stage  of  drafts.  Control  of 
conformity was carried out at that stage, under Article 33 of the Euratom Treaty, within a 3-
month-deadline from notification required by this Article. In a majority of the cases, Member 
States  were  not  able  to  meet  the  transposition  deadline,  which  was  mainly  due  to  the 
difficulties in transposing into national law the requirements on financial guarantees imposed 
by  the  Directive  in  very  general  terms  as  a  result  of  long  negotiations  at  the  Council.  This 
gave rise to different national approaches. 

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Transposition  work  is  ongoing  for  Directive  2006/117/Euratom  on  procedures  for  the 
shipment of radioactive waste and nuclear spent fuel, which is due to be transposed by end of 
2008. Significant policy developments are expected before the end of 2008, as foreseen in the 
Directive  itself,  in  particular  through  the  definition  of  criteria  allowing  Member  States  to 
forbid  shipments  to  a  given  Member  State,  as  well  as  recommendations  for  a  secure  and 
effective  system  of  transmission  of  documents  and  information.  In  the  field  of  radiation 
protection, where Community acquis largely reflects the latest stand of scientific knowledge, 
the directive and recommendation instruments have been traditionally privileged, but there are 
also a number of regulations and decisions. In view of the very detailed nature of some of the 
Directives (in particular the provisions on shipments - Directive 2006/117, replacing Directive 
92/3) a regulation might have been more appropriate, but has historically been refused by the 
Council. 

This  radiation  protection  framework  should  be  completed  in  the  medium  term  by  a 
Community  framework  on  nuclear  safety,  which  has  been  claimed  by  the  Commission  for 
decades  now.  In  parallel  to  this,  the  so-called  “nuclear  energy  revival”  will  need  to  be 
accompanied with appropriate measures, possibly harmonising the nuclear liability regimes or 
through  deregulation  or  new  internal  market  legislation,  as  well  as  with  an  increase  of  the 
resources allocated.  

5.1.4.2  Transport 

5.1.4.2.1  Land Transport 

Land  transport  legislation  represents  in  general  a  stable  acquis  in  development,  with  a 
manageable volume and nature of problems arising, and presenting specificities in each of its 
five sectors: 

5.1.4.2.1.1  Road transport 

Three main Directives under development will require a special attention in 2008 and beyond: 

- Directive 2002/15, on the organisation of working time of persons performing mobile road 
transport  activities,  as  a  consequence  of  the  outcome  of  the  control  of  conformity  of  the 
transposing measures and conclusions drawn so far. 

-  Directive  2006/22/EC,  determining  the  minimum  level  of  enforcement  for  the  European 
provisions on driving times and rest periods, and on the use of tachograph.  

- Directive 96/26, on admission to the occupation of road haulage operator and road passenger 
transport  operator  and  mutual  recognition  of  diplomas.  This  Directive  is  part  of  the  road 
package currently being revised and discussed at the Council and European Parliament. 

-  Directive  1992/62  on  the  on  the  charging  of  heavy  goods  vehicles  for  the  use  of  certain 
infrastructures ("Eurovignette"), as amended by Directive 2006/38, due to be implemented by 
10th June 2008. Correct transposition will be checked, and an evaluation of the application of 
new rules is expected by end 2008. 

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Control of implementation in this field is carried out internally by the Commission's services, 
with  additional  assistance  of  external  consultants,  as  it  was  the  case  of  the  working  time 
Directive. It represents a considerable time-consuming task, requiring appropriate resources. 

5.1.4.2.1.2  Railway transport 

 Rail legislation, both in the market access and interoperability fields represents a relative new 
acquis  with  significant  policy  developments  to  be  implemented  and  applied.  Since  its 
adoption,  a  number  of  difficulties  arouse  with  its  implementation,  implying  a  permanent 
evolution  in  recent  years  (rail  legislation  developed  since  1991  includes  a  total  of  three 
packages of legislative measures adopted in 2001, 2004 and 2007). 

Aware of the difficulties encountered by Member States in implementing the relevant acquis, 
the  Commission's  services  have  undertaken  a  progressive  approach 
to  control  of 
implementation,  by  addressing  in  a  first  stage  conformity  issues  related  to  the  1st  Railway 
Package  (Directive  91/440,  as  amended  by  Directives  2001/12  and  2001/14).  In  the  short 
term,  the  Commission  interest  will  focus  on  redressing  points  of  non  conformity  with  these 
directives. In  the  medium term, action will cover  the compliance with the second package, 
and  the  transposition  of  the  provisions  third  railway  package  (Directives  2007/58  and 
2007/59, to be transposed by June and December 2009). 

5.1.4.2.1.3  Road safety.  

European provisions in this field represent a fairly stable acquis in permanent development for 
those aspects that need to be adapted to technical progress. 

The Commission's control of implementation in the short and medium terms will concentrate 
on the following pieces of legislation: 

–  Directive  2000/30/EC  on  the  technical  roadside  inspection,  which  imposes  a  yearly 
reporting obligation to the Member States, and the obligation for the Commission to report 
every 2 years, based on the information provided by the Member States 

–  Directive  2003/59/EC  on  the  initial  qualification  and  periodic  training  of  drivers,  to  be 
applied from 10.09.2008 for the initial qualification of categories D1, D1+E, D and D+E, 
and  from  10.09.2009  for  initial  qualification  of  categories  C1,  C1+E,  C  and  C+E..  The 
Commission  is  expected  to  report  by  10.09.2011  on  the  implementation  of  these 
provisions. 

–  Directive 2004/54/EC on minimum safety requirements for tunnels in the Trans-European 
Road  Network.  Member  States  are  expected  to  report  to  the  Commission  on  fires  and 
accidents in tunnels by 30.09.2008, and on their implementation plan by 30.10.2008. The 
Commission shall report on risk analysis practices by 30.04.2009 based on the information 
provided by the Member States. 

–  Directive 2006/126/EC on driving licences, recasting Directive 91/439 as amended by four 
directives, which is meant to be transposed by January 2011 and applied as from January 
2013. A possible evaluation will take place as from mid 2013. 

–  Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in 
the Community, to be transposed by 06.08.2008. The Directive foresees that by 31.03.2009 

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all vehicles shall be equipped with improved devices for indirect vision. The Commission 
is expected to report on the implementation by 06.08/2011, together with a study on blind 
spot  accidents  covering  all  vehicles  and  costs  incurred,  with  the  aim  of  improving  road 
safety. 

–  Directive 96/96/EC, relating to roadworthiness tests, which is currently under recast. 

5.1.4.2.1.4  Transport of dangerous goods  

The relevant legal framework is defined by regional, national, Community and international 
(UN)  provisions.  At  Community  level,  there  are  four  pieces  of  EU  legislation  applicable: 
Directive 94/55/EC on the approximation of the laws of the Member States with regard to the 
transport of dangerous goods by road;l Directive 96/49/EC on the approximation of the laws 
of  the  Member  States  with  regard  to  the  transport  of  dangerous  goods  by  rail;  Directive 
96/35/EC on the appointment and vocational qualification of safety advisers for the transport 
of  dangerous  goods  by  road,  rail  and  inland  waterway;  and  Directive  2000/18/EC  on 
minimum examination requirements for safety advisers for the transport of dangerous goods 
by road rail or inland waterway. These Directives are regularly adapted to the revisions of the 
relevant  international  agreements,  requiring  the  full  translations  of  voluminous  technical 
annexes. The new Directive under discussion at the Council and Parliament will substantially 
simplify the Community law, by covering all three modes of transport (road, rail and inland 
navigation),  and  by  making  reference  the  provisions  of  the  relevant  “international 
agreements”, instead of reproducing their provisions. The simplification of this legislation is 
expected  to  make  the  enforcement  of  the  provisions  both  simpler  and  more  equitable.  Its 
implementation will be assessed in due time, and in particular as far as national derogations 
are concerned. 

5.1.4.2.1.5  Legislation on logistics, innovation and co-modality 

Council  Directive  96/53  on  maximum  authorized  dimensions  and  maximum  authorized 
weights for heavy goods vehicles and buses has been in place for 12 years. Transposition is 
complete and there are no outstanding issues. A study is under way to assess the need for a 
possible updating of the directive in order to reflect technological progress since 1996 as well 
as to enhance harmonisation and raise the efficiency of heavy goods vehicles. As for, Council 
Directive  92/106  on  combined  transport  of  goods,  a  Commission's  report  to  the  Council  is 
expected in 2009, focussing in particular on the economic development of combined transport 
and the application of Community law in this area. 

5.1.4.2.2 Air transport 

Community  legislation  on  air  transport  is  mainly  made  of  regulations  and  case-law,  and  
constitutes a fairly stable and manageable acquis which is in development, with the ongoing 
proposal  to  amend  several  Regulations  dealing  with  different  aspects  of  the  air  traffic 
management. 

The  internal  market  for  air  transport,  achieved  in  three  stages  in  the  90's,  removed  all 
commercial restrictions for stakeholders within the EU. But the experience of the last decade 
has  shown  that  some  measures  of  the  “third  package”  consisting  of  Regulations  (EC)  No 
2407/92, 2408/92 and 2409/92 of 23 July 1992 pertaining to operating licences, the right to 

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operate  air  services  within  the  EU  and  the  pricing  of  such  services  are  either  not 
homogeneously applied or need to be clarified or revised. 

Discussions are ongoing for the adoption of a recasting regulation that will update and modify 
these  three  regulations.  The  proposal  is  expected  to  be  adopted  mid  2008  and  aims  at 
increasing  market  efficiency,  enhancing  safety  of  air  services  and  improving  passenger 
protection by ensuring a consistent application of EU legislation in all EU Member States and 
a true level playing field for all EU airlines. By removing obsolete measures, the application 
of the rules should be facilitated.  

Considerable work is also expected as from September 2008 concerning the notification of the 
national  transposing  measures  for  Directive  2006/23/EC  on  the  Community  Air  Traffic 
Controller Licence, due to be transposed by 18th May 2008. 

Passengers rights 

Regulation  (EC)  No  1107/2006  concerning  the  rights  of  disabled  persons  and  persons  with 
reduced  mobility  when  travelling  by  air  becomes  fully  applicable  in  July  2008  and  offers 
persons  with  reduced  mobility  non-discriminating  access  to  air  transport  by  means  of  four 
basic rights: accessibility, non-discrimination, assistance and information.  

The adoption of this Regulation raised expectations of  passengers with reduced mobility. A 
close  follow  up  of  the  application  of  this  regulation  will  be  needed  (similar  to  the 
Commission's  efforts  on  the  general  regulation  on  passenger  rights),  as  a  number  of 
difficulties could already be identified. While the necessary assistance is in general available, 
these  measures  might  not  be  free-of-charge  everywhere  and  area-wide  available.  National 
Enforcement Bodies shall be established by the Member States to ensure that the provisions 
are applied on their territory. 

The  Commission  is  active  by  following  up  the  conclusions  of  the  plenary  European 
conference  of  January  2008,  that  prepared  to  better  implement  the  Regulation.  It  will  be 
particularly alert to difficulties identified and to feed-back from citizens. 

A  European  framework  protecting  the  rights  of  passengers  in  general,  and  of  those  with 
reduced mobility in particular, is under development by covering other means of transport. 

Regulation Nº 1371/2007 on rail passengers’ rights and obligations was adopted as a part of 
the 3rd Railway Package and will be applicable as from October 2009. 

Relevant Commission's proposals are also being prepared in the maritime and coach sector. 

5.1.4.2.3 Maritime transport 

The maritime acquis is generally fairly recent and subject to considerable developments (see, 
for instance, the current III Package on maritime safety). It contains: 

–  Texts  which  are  fairly  stable  and  originating  a  manageable  volume  of  problems  (i.e. 
Regulation  "double-hull"  ((EC)  n°  417/2002),  Directives  on  passenger  ships  (98/18/EC), 
fishing vessels (97/70/EC), electronic road toll systems (2004/52/EC);  

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–  Texts  in  development  (not  expected  to  be  controversial),  like  current  directives  on  port 
State  control  (95/21/EC),  classification  societies  (94/57/EC)  and  port  reception  facilities 
(2000/59/EC)); 

–  New texts or significant policy developments to be implemented (i.e. III Package proposals 
currently  in  2nd  Reading  on  accident  investigation,  traffic  monitoring  and  the  Athens 
Convention,  Commission  Decision  (in  preparation)  on  the  European  Electronic  Toll 
Service – evaluation by 2012); and 

–   Texts  which  are  subject  to  problems  causing  concern  and  requiring  particular  attention 
(directive  on  ship-source  pollution  (2005/35/EC),  III  Package  proposals  on  civil  liability 
and "flag"). 

The most important causes of late transposition in this sector, are insufficiencies in Member 
States' legislative and administrative procedures, in particular low political prioritisation, lack 
of  resources  and  cumbersome  formalities.  This  is  all  the  more  the  case  in  Member  States 
where competences are regionalised. When the issue is particularly complex or new, services 
endeavour  to  provide  Member  States  with  additional  clarification  of  the  rules  adopted  by 
Council and Parliament. EMSA's assistance in this type of exercise is most valuable.  

Repercussions  of  late  transposition  vary  significantly:  in  the  maritime  safety  area,  however, 
late transposition is potentially most detrimental to citizens' safety and the  protection  of the 
environment.  

Concerning the control of the conformity of national transposition measures, DG TREN faced 
some  constraints  which  do  not  allow  for  a  systematic,  detailed  control  of  all  national 
measures. In the area of maritime safety, we have concentrated our efforts on key directives 
(port State control, port reception facilities, classification societies and traffic monitoring) in 
accordance with multi-annual programming. Translation constraints have a significant impact 
on conformity checking exercises. 

Inland  waterways:  Community  acquis  had  considerable  recent  developments.  Directive 
2005/44/EC regarding River Information Services (RIS) introduced new acquis, establishing 
the  basis  for  the  harmonised  implementation  of River  Information  Services  (RIS)  on  inland 
waterways in the Community. A first evaluation of the application of the new rules is under 
preparation for the fourth quarter of 2008. With Directive 2006/87/EC, laying down technical 
requirements for inland waterway vessels, significant new acquis has been established in the 
area  of  inland  waterway  transport  now  ruling  on  all  EU  waterways  without  exception.  The 
Directive and its comprehensive approach to the safety of inland navigation will have to be 
implemented by end of 2008. A first overall evaluation on the application of the new acquis 
will be possible by the end of 2009. 

5.1.5  Overall conclusion 

Given the number of recent pieces of legislation and ongoing proposals, an increased amount 
of resources will be concentrated on the different tasks related directly or indirectly to control 
of implementation. 

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As  in  the  past,  all  enquiries,  complaints,  infringement  cases  and  petitions  will  be  paid  due 
attention.  Work  patterns  might  however  be  modified,  based  on  the  guidelines  of  the 
forthcoming Action Plan, and other external elements, like the launching of a pilot project at 
Commission's  level  implying  a  more  active  role  of  Member  States  in  the  assessment  of 
complaints. 

The  fact  that  DG  TREN  manages  a  mostly  new  Community  acquis  in  constant  evolution 
implies  an  increasing  effort  from  all  parties  in  ensuring,  first,  that  the  national  legislative 
frameworks duly reflect the evolutions, and, then, that the relevant legislation is applied by all 
stakeholders and enforced by the national authorities at the appropriate levels.  

DG  TREN  applies  a  "0  –  tolerance"  policy  on  late  transposition,  as  this  is  the  natural 
consequence  of  the  priority  treatment  of  the  failure  by  Member  States  to  transpose 
Community  Directives,  as  confirmed  by  the  Commission  communication  "A  Europe  of 
Results – Applying Community Law" of 4 September 2007. 

While  transposition  deadline  might  be  reduced  in  the  case  of  Commission  Directives 
introducing  purely  technical  changes,  current  transposition  deadlines  seem  appropriate. 
Prolonging them would not necessarily guarantee a timely transposition. One cause for delay 
is  the  difficulty  in  transposing  provisions  resulting  from  compromises  in  inter-institutional 
discussions, National administrations could start preparing the national procedures in parallel 
with discussions  at EU level. A more  direct involvement of national experts who will be in 
charge of transposition in the negotiations would also be advisable.   

Well prepared correlation tables, giving comprehensive information on all relevant provisions 
of  the  national  legislation  (and  not  only  to  those  that  were  newly  adopted),  are  an 
indispensable  tool  for  the  management  of  the  Directives  under  the  responsibility  of  DG 
TREN,  and  in  particular  those  with  a  strong  technical  content.  The  obligation  to  notify 
correlation tables to the Commission should be considered as duty to cooperate in the sense of 
Articles 10 EC and 192 Euratom. Making correlation tables accessible to the public would be 
more transparent to citizens, national institutions and stakeholders in general. 

The  choice  between  regulations  and  directives  depends  essentially  on  the  nature  of  the 
provisions to be adopted and on considerations of political opportunity. Texts such as those 
translating into Community law rules and standards of a technical nature already established 
at  international  level  and  which  do  not  contain  discretionary  obligations  could  well  become 
regulations. Directives seem more appropriate where Member States situations differ widely.  

The  strategic  importance  of  the  energy  and  transport  sectors  for  securing  a  sustainable  and 
competitive future for Europe is increasingly being recognised. The Commission’s challenges 
are considerable in these fields in the years to come, with many pieces of Community acquis 
in development, which will require major effort to be able to face the workload and the level 
of responsibilitiy.  

The  ambitious  EU  policies  brought  forward  by  the  Commission  in  the  fields  of  energy  and 
transport  would  loose  any  credibility  should  the  Commission  disregard  its  function  as 
watchdog in the many perspectives this role is carried out today. 

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6  ENVIRONMENT 

6.1.   General overview 

The European environmental legislation is based on Articles 174-176 of the EC Treaty. Over 
several years, the EU has established a comprehensive system of environmental protection by 
adopting of more than 200 pieces of legislation. The areas covered range from noise to waste, 
from protection of rare species to limits on air pollution, and from standards for bathing water 
to emergency responses to environmental disasters. That more than 20 % of all Commission 
enforcement dossiers are devoted to the environment reflect the specific factors relevant to EC 
environmental  law  i.e  the  extent  and  complexity  of  environmental  legislation,  the  need  to 
ensure that this acquis is respected in a wide diversity of natural conditions, and, in particular, 
the high level of public interest. 

In the environment sector, the total number of open cases at the end of 2007 was 739. In 2007, 
461 new cases were opened, out of which 113 were complaints submitted by citizens and non-
governmental  organisations.  In  addition  to  the  high  number  of  complaints  highlighting 
potential  breaches  in  EC  environmental  legislation,  the  Commission  services  have  been 
receiving  an  increased  number  of  enquiries  on  issues  related  to  implementation.  The  high 
degree  of  external  interest  is  also  reflected  in  the  number  of  parliamentary  questions  and 
petitions  submitted  to  the  Committee  on  Petitions  of  the  European  Parliament.  The 
environment  accounts  for  about  10%  of  all  parliamentary  questions  put  to  the  Commission 
and  the  environment  is  currently  the  main  subject  in  35%  of  the  petitions  handled  by  the 
Petitions  Committee.  In  2007,  the  Commission  received  146  petitions  and  more  than  800 
written  and  oral  parliamentary  questions  concerning  issues  related  to  the  field  of  the 
environment. 

Enquiries, including complaints, parliamentary questions and petitions concern varied issues 
such  as  problems  with  environmental  impact  assessment  procedures  related  to  construction 
projects  or  urban  building,  non  respect  of  provisions  of  nature  directives,  groundwater  and 
drinking water pollution, air and noise pollution in cities, lack of effective waste management 
measures and issues related to access to information concerning environmental matters. 

Managing the high number of environmental cases is in itself a challenge. The Commission 
has  sought  to  manage  its  case-load  more  effectively  by  targeting  on  a  priority  basis 
particularly  serious  categories  of  breaches.  In  addition  to  the  two  priorities  identified  in  the 
communication  'A  Europe  of  Results'  (lack  of  transposition  of  EC  directives  and  lack  of 
execution of rulings of the European Court of Justice), in the environment field there are four 
categories of breaches raising issues of principle or having far-reaching negative impacts on 
citizens and the environment: 

Bad  transposition  of  directives  presenting  a  significant  risk  for  correct  implementation  of 
environmental rules; 

Systemic  breaches  of  environmental  protection  requirements,  such  as  broad-scale 
contraventions  to  environmental  quality  standards  or  to  obligations  relating  to  the 
development of environmental infrastructure; 

Breaches  of  core,  strategic  obligations  under  EC  legislation  such  as  those  concerning  the 
designation of Natura 2000 sites or the adoption of national allocation plans for emissions of 
greenhouse gases; 

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Breaches concerning big infrastructure projects or interventions involving EU funding. 

At  the  same  time,  the  Commission  has  taken  measures  to  better  handle  other  cases  of  bad 
application  of  EC  environmental  law  by  "horizontalising"  its  approach  to  problems,  i.e.  by 
tackling  them  at  a  more  strategic  level.  By  way  of  example,  this  approach  is  allowing  the 
Commission to address lack of waste-water treatment facilities in a far higher number of cities 
and  the  presence  of  illegal  landfills  in  a  far  higher  number  of  places  than  would  have  been 
possible  if  it  had  only  focused  on  individual  failures.  In  2008-2009,  the  Commission  will 
continue to pursue its horizontal approach and further intensify its efforts to address the high 
number of individual cases concerning, for example, nature conservation, impact assessment 
and waste issues.  

Other practical measures put in place by the Commission to improve implementation of EC 
environmental law include the establishment of implementation task forces. The work of the 
implementation  task  forces  has  resulted  in  the  identification  of  a  comprehensive  set  of 
proactive  measures  to  foster  implementation  of  nature,  air,  waste,  water  and  impact 
assessment legislation, being the five sectors with the highest number of open cases. The task 
forces have been working primarily on the elaboration or updating of implementation action 
plans,  including  the  identification  and  development  of  proactive  measures  to  improve 
implementation,  and  the  definition  of  priority-setting  criteria  for  the  handling  of  cases  and 
infringements.  

In  order  to  better  monitor  progress  in  legal  enforcement  work,  DG  Environment  has  also 
developed  an  internal  monitoring  tool  (a  'tableau  de  bord'  listing  for  all  open  cases  the  last 
useful decision and the proposals expected for the following six months). This internal tool is 
used as the basic information system to monitor progress of open cases on a quarterly basis. 
The quarterly review allows DG Environment management to analyse the sectoral distribution 
of  cases  and  to  measure  performance  of  legal  enforcement  action  against  a  set  of  pre-
determined quantitative indicators. 

Concerning more specifically the transposition of directives, quite a number of them, have a 
transposition  deadline  in  2008-2009  and  will  require  additional  work.  The  Commission  has 
recently  developed  a  systematic  methodology  for  monitoring  the  transposition  of  all  new 
environmental legislation. Within this context, a transposition action plan will be drawn up for 
each directive as a first step. This plan will follow a risk-based approach which will focus on 
the  content  of  the  directives concerned  and  the  risks  of  bad  transposition.  The  transposition 
action  plan  will  include  the  actions  to  be  undertaken  in  the  time  available  between  the 
adoption of a directive and the expiry of the transposition period. It will also include specific 
information how the conformity checking will be carried out, adoption of a timetable for the 
conformity checking and the launching of subsequent non-conformity cases.  

In the time available between the adoption of a directive and the expiry of the transposition 
period, the Commission will monitor progress and assist Member States in the transposition 
by  a  combination  of  different  means  such  as  meetings  or  workshops  for  each  directive, 
preliminary  analysis  of  draft  legislative  measures,  advice  on  certain  specific  points  and 
drawing up of guidance on the interpretation of certain provisions. For directives with close 
transposition date, a decision will be taken on a case by case basis on what can reasonably be 
done  before  the  expiry  of  the  transposition  period.  The  aim  is  however  to  have  at  least  one 
meeting with Member States during the transposition period. 

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Once  the  full  transposition  by  a  Member  State is  received,  the  conformity  checking  will  be 
launched. The conformity checking of the transposition measures is planned within 6 months 
from the publication of the transposition measures, in order to, whenever necessary and on the 
basis of a risk-assessment, launch non-conformity cases and refer them to the European Court 
of Justice within 2 years. 

6.2.   Analysis by sector 

6.2.1   Nature Conservation 

6.2.1.1  Current position 

The  most  important  pieces  of  nature  conservation  legislation  are  the  Birds  Directive, 
79/409/EEC108  and  Habitats  Directive,  92/43/EEC109.  The  former  sets  out  measures  for  the 
protection, management and control of all species of naturally occurring European wild birds, 
as  well  as  introducing  rules  to  protect  their  habitats.  The  latter  protects  natural  habitats  and 
wild  flora  and  fauna  throughout  the  European  Union  and  establishes  a  European  ecological 
network known as “Natura 2000”. 

Work in 2007 

It should be stressed that, in November 2007, the Commission adopted a new Community list 
of Sites of Community Importance (Pannonian region) and updated Community lists of Sites 
of  Community  Importance  for  several  other  biogeographical  regions110,  which  have 
significantly  extended  the  Natura  2000  network.  The  total  area  of  Natura  2000  is  now 
809 811 km² and includes 24 524 sites. 

Main infringements in 2007 

Non-conformity with the Birds and Habitats Directive 

In  2007,  the  Commission  followed  infringements  dealing  with  non-conformity  of  national 
transposing legislation with  the Birds and Habitats Directive. In 2007, as regards the Birds 
Directive,  second  warning  letters  were  sent  to  two  Member  States.  As  regards  the  Habitats 
Directive,  a  second  warning  letter  was  sent  to  one  Member  State,  while  the  Commission 
decided to refer two Member States to the European Court of Justice.  

In  2007,  the  European  Court  of  Justice  considered  that  Austria  had  failed  to  correctly 
transpose the Birds and Habitats Directives (Case C-507/04 and Case C-508/04).  

Designation of Special Protection Areas 

108 

109 

110 

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds OJ L 103, 25.4.1979, 
p. 1-18. 
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna 
and flora OJ L 206, 22.7.1992, p. 7–50. 
http://ec.europa.eu/environment/nature/natura2000/sites_hab/biogeog_regions/index_en.htm 

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Under  the  Birds  Directive,  Member  States  are  obliged  to  designate  all  of  the  most  suitable 
sites as Special Protection Areas to conserve wild bird species. The designation must be based 
on  objective,  verifiable  scientific  criteria.  To  assess  whether  Member  States  have  complied 
with  their  obligation,  the  Commission  uses  the  best  available  ornithological  information. 
Where  the  necessary  scientific  information  provided  by  Member  States  is  lacking,  national 
inventories  of  Important  Bird  Areas  (IBA)  compiled  by  the  non-governmental  organisation 
Birdlife  International,  are  used.  While  not  legally  binding,  the  IBA  inventory  is  based  on 
internationally-recognised scientific criteria. The Court of Justice has already acknowledged 
its scientific value, and in cases where no equivalent scientific evidence is available, the IBA 
inventory is a valid basis of reference in assessing whether Member States have classified a 
sufficient number and size of territories as Special Protection Areas. 

In 2007, the Commission sent first written warnings to Cyprus, the Czech Republic, Slovakia, 
Hungary,  Latvia,  Lithuania,  Malta  and  Slovenia  for  failing  to  designate  enough  Special 
Protection Areas on their territory. The number and/or the size of protected areas selected by 
these eight Member States are insufficient compared with the list in the IBA inventory. Also 
in 2007, the Commission took Austria, Germany and Poland to the Court of Justice for failing 
to designate sufficient Special Protection Areas on their territory. 

In 2007, the ECJ declared that the SPA network in Spain, Greece and Ireland was insufficient 
(Case  C-235/04,  Commission  v  Spain,  Case  C-334/04,  Commission  v  Greece  and  Case  C-
418/04, Commission v Ireland). 

Development in Rospuda Valley, Poland 

In  February  2007,  the  Polish  authorities  gave  the  green  light  to  start  construction  work  on 
bypasses in important nature sites in the Rospuda river valley (Puszcza Augustowska) and in 
Puszcza  Knyszynska  in  north-eastern  Poland.  The  sites  concerned  are  a  Special  Protection 
Area designated under the Birds Directive and they should also benefit from protection under 
the Habitats Directive on account of their rare habitats. Concerning the damage that would be 
done to primeval woodland and other natural habitats of European importance as a result of 
the  imminent  construction  of  the  Augustow  bypass  (a  part  of  the  Helsinki-Warsaw  road 
corridor  in  the  North-East  Poland),  the  Commission    accelerated  an  existing  infringement 
procedure against Poland by sending it a final warning letter. On the basis of an insufficient 
reply  from  Poland,  the  case  was  reported  to  the  Court  of  Justice  (Case  C-193/07).  The 
Commission used the instrument of an interim measure, under Article 243 of the EC Treaty, 
in  its  application  to  the  Court  in  order  to  avoid  irreversible  imminent  damage  to  protected 
sites.  The  request  for  an  interim  measure  was  withdrawn  when  Poland  agreed  to  halt  the 
relevant works pending a Court of Justice judgment of the case. 

Illegal Bird Hunting 

Hunting  is  regulated  in  the  European  Union  by  the  Birds  Directive.  Although  the  Directive 
contains a general prohibition on the killing of wild birds, it does allow certain species to be 
hunted  provided  this  does  not  take  place  during  the  breeding  season  or  migration  preiods. 
Hunting  periods  are  set  at  national  levels,  and  vary  according  to  species  and  geographical 
location. Exceptionally, Member States may allow the capture or killing of birds covered by 
the Directive outside of the normal hunting season for a limited number of reasons, although 
such derogations are only available when there is no alternative solution. 

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The  European  Commission  sent  a  final  warning  letter  to  Malta  for  allowing  the  hunting  of 
certain species of birds in breach of EU legislation. Currently, laws in Malta allow the hunting 
of  the  birds  during  spring,  a  key  period  for  migration  and  breeding.  In  taking  this  step,  the 
Commission  asked Malta to bring its rules on hunting into line with the Birds Directive. The 
final  written  warning  to  Malta,  which  followed  the  first  written  warning  in  July  2006, 
concerns  the  hunting  of  quails  (Coturnix  coturnix)  and  turtle  doves  (Streptopelia  turtur) 
during spring.  

Following  the  decision  of  Cyprus  to  grant  a  derogation  allowing  for  the  spring  hunting  of 
Streptopelia  turtur  (turtle  dove)  on  6  and  9  May  2007,  the  Commission  sent  a  first  written 
warning in June 2007. As the Cypriot authorities announced that the derogation allowing for 
the spring hunting of turtle doves would not be renewed, the Commission decided to close the 
case in October 2007. 

In December 2007, the Commission has also closed an infringement case against Finland in 
relation to spring hunting. 

Species protection 

In June 2007, the Court of Justice declared in Case C-342/05 that, by authorising wolf hunting 
on  a  preventive  basis,  without  being  specifically  justified  by  the  need  to  prevent  serious 
damage  within  the  meaning  of  Article  16(1)(b)  of  the  Habitats  Directive,  the  Republic  of 
Finland had failed to fulfil its obligations under Articles 12(1) and 16(1)(b) of that directive. 

In  2007,  it  was  possible  to  close  two  infringements  under  Article  228  against  Greece.  The 
infringements  concerned  with  the  protection  of  Caretta  caretta  (Case  C-103/00)  and  Milos 
Viper (Case C-518/04). Greece has adopted and implemented an adequate legal framework to 
ensure  the  strict  protection  of  these  species  in  accordance  with  Article  12  of  the  Habitats 
Directive. 

A guidance document on the implementation of Articles 12 and 16 of the Habitats Directive 
was published in 2007 (Guidance on Habitats Directive Articles 12 and 16)111.  

Further judgments of the Court of Justice in 2007 

The Court delivered several rulings in relation to the implementation of Article 6(3)-(4) of the 
Habitats  Directive  concerning  respectively,  the  assessment  of  implications  of  certain  plans 
and project on the site and the compensatory measures, (Case C-388/05, Case C-304/05, Case 
C-179/06). Those rulings are based on the Waddenzee case-law (Case C-127/02) and provide 
further clarification on the interpretation of Article 6(3)-(4), which is a key provision of the 
Habitats Directive. 

As regards the concept of a ‘plan’, the Court clarified that it must be “more than at the stage 
of  preliminary  administrative  reflection  and  carry  a  degree  of  precision  in  the  planning  in 
question  which  calls  for  an  environmental  assessment  of  their  effects”  (Case  C-179/06, 
paragraph 41). 

111 

http://ec.europa.eu/environment/nature/conservation/species/guidance/index_en.htm 

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As  regards  the  obligation  for  an  assessment,  the  Court  recalled  that  “the  environmental 
protection  mechanism  provided  for  in  Article  6(3)  of  the  Directive  requires  that  there  be  a 
probability or a risk that a plan or project will have significant effects on the site concerned” 
(case C-179/06, paragraph 33). In this regard, the Court considers that “under Article 6(3) of 
Directive  92/43,  then,  it  is  for  the  Commission  to  furnish  the  proof  that,  in  the  light  of  the 
characteristics  and  the  specific  environmental  conditions  of  the  site  affected  by  a  plan  or 
project, that plan or project is likely to have a significant effect on that site, in the light of the 
conservation objectives fixed for the site” (Case C-179/06, paragraph 39). 

Regarding the content of an ‘appropriate assessment’, in Case C-304/05 (paragraphs 56-59), 
the  Court  recalls  its  previous  case-law  (Case  C-127/02  ‘Waddenzee’,  paragraphs  34,  56-61, 
and Case C-239/04 Commission v Portugal (‘Castro Verde’), paragraph 19-20 and 24):  

Article  6(3)  provides  for  an  assessment  procedure  intended  to  ensure,  by  means  of  a  prior 
examination,  that  a  plan  or  project  which  is  not  directly  connected  with  or  necessary  to  the 
management  of  the  site  concerned  but  likely  to  have  a  significant  effect  on  it  is  authorised 
only to the extent that it will not adversely affect the integrity of that site.  

The  assessment  must  be  organised  in  such  a  manner  that  the  competent  national  authorities 
can be certain that a plan or project will not have adverse effects on the integrity of the site 
concerned, given that, where doubt remains as to the absence of such effects, the competent 
authority will have to refuse authorisation. 

With  regard  to  the  factors  on  the  basis  of  which  the  competent  authorities  may  gain  the 
necessary  level  of  certainty,  no  reasonable  scientific  doubt  may  remain,  those  authorities 
having to rely on the best scientific knowledge in the field.  

The Court further specified that an appropriate assessment must contain complete, precise and 
definitive conclusions capable of removing all reasonable scientific doubt as to the effects of 
the works proposed on the site concerned (Case C-304/05, paragraphs 69-73). 

Finally,  on  the  relationship  between  Articles  6(3)  and  6(4),  the  Court  decided  that,  “Article 
6(4) of Directive 92/43 can apply only after the implications of a plan or project have been 
studied in accordance with Article 6(3) of that directive. Knowledge of those implications in 
the  light  of  the  conservation  objectives  relating  to  the  site  in  question  is  a  necessary 
prerequisite  for  application  of  Article  6(4)  since,  in  the  absence  thereof,  no  condition  for 
application  of  that  derogating  provision  can  be  assessed.  The  assessment  of  any  imperative 
reasons  of  overriding  public  interest  and  that  of  the  existence  of  less  harmful  alternatives 
require  a  weighing  up  against  the  damage  caused  to  the  site  by  the  plan  or  project  under 
consideration. In addition, in order to determine the nature of any compensatory measures, the 
damage to the site must be precisely identified” (Case C-304/05, paragraph 83). 

6.2.1.2  Changes underway 

Nature conservation legislation constitutes a fairly stable part of the EC environmental acquis. 
Developments in this sector mainly concern the annexes to the Birds and Habitats Directives 
that  have  been  adapted  on  a  number  of  occasions  in  response  to  scientific  and  technical 
progress  and  to  the  successive  enlargements  of  the  European  Union.  The  most  recent 
adaptation is in response to the Accession of Bulgaria and Romania to the European Union on 
1 January 2007. 

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6.2.1.3  Evaluation of the current position in terms of implementation 

Despite  the  small  number  of  legal  instruments  in  this  field,  nature  conservation  legislation 
accounts  for  between  a  fifth  and  a  quarter  of  environmental  infringements,  i.e.  the  highest 
number  of  open  environmental  cases.  The  high  number  of  cases  in  the  nature  sector  is  due 
mainly to the extent of the network, which now includes around 25 000 sites: there are Natura 
2000 sites in the vicinity of every EU citizen. This is positive in as much as it brings the EU 
close to its citizens but it also means that the Commission receives a lot of complaints about 
threats  to  these  sites.  Although  the  demand  from  citizens,  specialised  and  active  NGOs  and 
the European Parliament is high, the complaint and legal enforcement mechanisms for nature 
conservation in the Member States are often weak or inappropriate.  

In  order  to  rationalise  the  handling  of  this  high  number  of  cases  and  ensure    the  effective 
implementation of the nature directives, the Commission has taken several measures, which 
can be divided into three categories: 

•  Focus on the main implementation priorities: the core obligations of the directives 
were  effectively  addressed  (i.e.  correct  and  complete 
transposition  and 
establishment  of  the  Natura2000  network),  while  systemic  problems  of  bad 
implementation were tackled (e.g. hunting derogations). 

•  Proactive  cooperation  with  Member  States:  this  includes  the  drafting  of 
interpretative guidance documents for the main provisions of the nature directives; 
the development of targeted guidance for economic sectors such as the port sector 
and  the  non-energy  extractive  industry,  which  have  particular  challenges  in 
relation to  the legislation; training of the competent authorities; regular contacts 
the 
with 
“GreenEnforce Network“. 

local  authorities,  establishment  of 

the  national,  regional  and 

•  Improvements  in  the  handling  of  complaints:  specific  methods  were  developed 
with  the  purpose  of  helping  the  complainants  (i.e.  ad  hoc  nature  supplementary 
information  form,  which  guides  the  complainants  as  regards  the  information 
needed to evaluate a complaint) and making more effective use of complaints (i.e. 
grouping of complaints in order to focus on systemic breaches). 

Those measures have had a significant effect, as they resulted in the reduction of the 
implementation deficit. This is also confirmed by the number of open cases, which has 
been significantly reduced, despite the accession of 10 new Member States. At the end 
of 2003, 589 open cases were related to the nature conservation directives while, at the 
end of 2007, the number of open nature cases was 235. 

6.2.1.4. 

Further challenges in implementing Nature Protection legislation 

•  Completing the establishment stage of the Natura 2000 network. The terrestrial part 
of  the  Natura  2000  network  is  either  established  or  close  to  establishment  in 
accordance  with  the  Habitats  and  Birds  Directives.  Habitats  and  species  coverage 
still needs to be extended in places, mainly in the EU-12 Member States, and legal 
action  will  be  pursued  against  Member  States  when  necessary.  The  exercise  is 
expected to be finalised in the short term. In the medium term, the Commission will 
tackle  the  issue  of  marine  sites.  Since  the  scientific  knowledge  and  information 

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available  on  the  existence  and  distribution  of  marine  habitat  and  species  remains 
incomplete, the Member States are expected to submit their proposals by end 2008, 
based  on  existing  knowledge.  In  order  to  facilitate  the  process,  a  guidance 
document has already been prepared by the Commission services. 

•  Ensuring  a  systematically  correct  approach  to  Natura  2000  site  protection.  To 
enable the Natura 2000 network to achieve its goal of conserving key elements of 
Europe’s  biodiversity,  there  needs  to  be  proper  scrutiny  and  minimisation  of,  the 
impacts  of  potentially  damaging  plans  and  projects  in  line  with  ECJ  case-law. 
Ensuring application of best scientific knowledge, examination of alternatives and, 
where appropriate, provision of compensatory habitats are all major challenges. In 
this regard, the Commission services issued a guidance document on Article 6(4) of 
the  Habitats  Directive,  a  key  provision  for  the  implementation  of  the  nature 
directives.  In  addition,  the  Commission  intends  to  promote  best  practice  within 
specific economic sectors, such as European ports, wind energy and non-extractive 
industries.  Mention  may  also  be  made  of  the  value  of  broad-based  analysis  and 
follow-up of problematical implementation112. 

•  Ensuring overall positive management of Natura 2000 network. Apart from vetting 
potentially  damaging  plans  and  projects,  Member  States  need  to  set  up  effective 
management  systems  for  Natura  2000,  supporting  human  activities  such  as 
conservation-sensitive farming that are beneficial to conservation objectives while 
also meeting socio-economic needs.  

6.2.1.5 Prioritisation of Commission’s legal enforcement work  

In the coming years, the Commission will continue to pursue its legal enforcement action to 
help  meet  the  main  objectives  of  the  nature  conservation  legislation.  To  this  effect,  high 
priority will continue to be given to pursuing infringement cases concerning significant non-
conformity  of  national  implementing  legislation  with  the  Birds  and  Habitats  Directives, 
insufficient site designations (mainly in the EU-12 Member States) and the lack of adequate 
legal  protection  and  management  regimes  for  the  Natura  2000  sites.  Focus  will  also  be  on 
addressing  breaches  concerning  big  infrastructure  projects  or  interventions  involving  EU 
funding  that  have  significant  adverse  impacts  on  Natura  2000  sites.  In  this  context,  the 
Commission will take into account considerations such as irreversible ecological damage and, 
the  European  Court  of  Justice113. 
where  appropriate,  seek 
Infringements concerning unsustainable hunting practices in some Member States will also be 
followed  up  closely.  In  order  to  better  handle  individual  complaints  pointing  to  widespread 

interim  measures  from 

112  

113  

Case C-418/04, Commission v Ireland, the subject of decision of 13 December 2007, illustrates how, by 
examining  and  analysing  site  protection  problems  across  a  whole  economic  sector,  in  this  case 
aquaculture,  a  non-governmental  organisation  can  lay  the  basis  for  a  more  effective  and  significant 
Commission intervention than if it had limited its examination to isolated cases in that sector.  
In  the  last  two  years  the  Commission  has  three  times  sought  for  interim  measures  in  nature 
protectioncases. In cases C-503/06, Commission v. Italy and C-76/08, Commission v. Malta, the Court 
ordered the Member States to halt illegal hunting activities on 19 December 2007 and 24 April 2008 
respectively. In case C-193/07, Commission v. Poland, the Commission sought interim measures from 
the ECJ to prevent a Polish motorway project causing serious habitat damage: the request was dropped 
when Poland agreed to halt the relevant works pending an ECJ judgment. 

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problems  of  bad 
infringement cases will continue to be followed. 

implementation, 

the  established  practice  of 

launching  horizontal 

6.2.2  Waste Management 

6.2.2.1 Current position 

The  basic  requirements  for  Member  States  regarding  the  management  of  waste  and  a 
definition of the term ‘waste’ are set out in Directive 2006/12/EC of the European Parliament 
and  of  the  Council  of  5  April  2006  on  waste  (the  Waste  Framework  Directive114).  More 
specifically,  this  Directive  requires  Member  States  to  create  and  maintain  an  adequate 
network of waste disposal installations to enable the Community as a whole and the Member 
States  individually  to  become  self-sufficient  in  waste  disposal.  In  order  to  achieve  this 
objective,  waste  management  plans  have  to  be  drawn  up.  It  also  established  the  waste 
hierarchy. This means that, ideally, waste should be prevented and what cannot be prevented 
should  be  re-used,  recycled  and  recovered  as  much  as  feasible,  with  landfill  being  used  as 
little as possible. The general framework directive is complemented by specific legislation to 
address particular environmental threats associated with waste. These include: 

•  Harmonised  rules  on  waste  management  practices,  including  strict  emission  limits  and 
operating  requirements  for  the  incineration115  and  landfill  of  waste.  Council  Directive 
1999/31/EC of 26 April 1999 on the landfill of waste (the Landfill Directive116) establishes 
a set of detailed technical rules landfills must comply with. The objective is to prevent or 
minimise the negative effects that landfills can have, such as pollution of water, soil and 
air, and also gas emissions, notably emissions of methane, which is a powerful greenhouse 
gas. The Landfill Directive also helps to promote the recovery and recycling of waste, in 
particular by banning whole used tyres from landfills and by requiring waste to be treated 
prior  to  landfilling.  Best  available  techniques  were  chosen  as  the  benchmark  for  the 
management of hazardous waste117 

•  Harmonised rules on the shipment of waste, both inside the EU and to third countries, set 
by  the  Waste  Shipment  Regulation.  This  Regulation  sets  out  rules  for  the  trans-frontier 
movement  of  waste  to  ensure  that  waste  is  handled  in  an  environmentally  sound  manner 
throughout  the  shipment  process,  including  recovery  or  disposal  in  the  country  of 
destination. 

Product  specific  recycling  legislation,  setting  targets  for  the  collection  and  recycling  and 
introducing  producer  responsibility  principles  for  specific  waste  streams  from  consumer 
goods (including packaging waste118, end of life vehicles119 and waste electrical and electronic 

114  
115 

116  
117 

118  

119  

OJ L 114, 27.4.2006, p. 9–21. 
Directive  2000/76/EC  of  the  European  Parliament  and  of  the  Council  of  4  December  2000  on  the 
incineration of waste(OJ L 332, 28.12.2000, p. 91–111). 
OJ L 182, 16.7.1999, p. 1–19. 
Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ L 377, 31.12.1991, p. 20-
27). 
European  Parliament  and  Council  Directive  94/62/EC  of  20  December  1994  on  packaging  and 
packaging waste (OJ L 365, 31.12.1994, p. 10–23). 
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of 
life vehicles (OJ L 269, 21.10.2000, p. 34–43). 

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equipment120).  Examples  of  recently  adopted  legislative  measures  in  the  sector  of  waste 
management  include  Directive  2006/21/EC  on  the  management  of  waste  from  extractive 
industries  and  amending  Directive  2004/35/EC121  (transposition  deadline:  1  May  2008)  and 
Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and 
repealing Directive 91/157/EEC122 (transposition deadline: 26 September 2008). 

Work in 2007 

Main infringements in 2007 

Horizontal non-conformity case on transposition of the Landfill Directive 

The European Commission carried out a check on EU-25 Member States' legislation to assess 
its conformity with the Landfill Directive and decided to start legal action against 14 Member 
States  for  inadequately  transposing  this  directive  into  their  national  law.  Having  sent  first 
warning  letters  to  seven  Member  States  in  December  2006,  the  Commission  continued    by 
also sending first warning letters to Cyprus, the Czech Republic, Denmark, Estonia, Finland, 
Hungary,  Ireland,  Lithuania,  Malta,  Poland,  Slovakia,  Slovenia,  Spain,  Sweden  and  the 
United Kingdom in 2007.  

Horizontal non-conformity case on transposition of the WEEE and RoHS Directives 

In 2007, the Commission sent a first warning letter to eight Member States for their incorrect 
transposition  of  the  WEEE  Directive  and  the  RoHS  Directive.  The  Commission  considered 
that the three Baltic States (Estonia, Latvia and Lithuania) had not correctly transposed certain 
provisions of the Directive 2002/96/EC of the European Parliament and of the Council of 27 
January 2003 on waste electrical and electronic equipment (the WEEE Directive) and that six 
Member States (Belgium, Denmark, Lithuania, Malta, Finland and Sweden) had not correctly 
transposed  the  Directive  2002/95/EC  of  the  European  Parliament  and  of  the  Council  of  27 
January  2003  on  the  restriction  of  the  use  of  certain  hazardous  substances  in  electrical  and 
electronic equipment (the RoHS Directive). 

Horizontal cases related to illegal landfills 

The Court of Justice declared on 29 March 2007 (Case C-423/05, Commission v France) and 
26 April 2007 (Case C-135/05, Commission v Italy) that both countries have failed to ensure 
that  waste  is  disposed  of  in  landfills  managed  in  accordance  with  the  Waste  Framework 
Directive  and  the  Landfill  Directive.  Thousands  of  sites  in  France  and  Italy  have  been 
identified  as  illegal  landfills  in  the  Court  of  Justice  case.  France  and  Italy  are  requested  to 

120  

121 

122 

Directive  2002/95/EC  of  the  European  Parliament  and  of  the  Council  of  27  January  2003  on  the 
restriction of the use of certain hazardous substances in electrical and electronic equipment ((OJ L 37, 
13.2.2003, p. 19–23), and Directive 2002/96/EC of the European Parliament and of the Council of 27 
January 2003 on waste electrical and electronic equipment (OJ L 37, 13.2.2003, p. 24–39). 
This Directive introduces measures to prevent or minimise any adverse effects on the environment and 
resultant risks to health resulting from the management of waste from the extractive industries, such as 
tailings and displaced material (OJ L 102 of 11.04.2006). 
This  Directive  prohibits  the  placing  on  the  market  of  most  batteries  and  accumulators  with  a  certain 
mercury or cadmium content and establishes rules for the collection, recycling, treatment and disposal 
of batteries and accumulators. (OJ L 266 of 26.9.2006). 

EN 

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rapidly comply with the judgment. The Commission will monitor closely execution of there 
Court  judgements. 

The Commission sent a final written warning to Spain over its failure to comply with a 2005 
European  Court  of  Justice  ruling  (Case  C-157/04)  which  found  it  had  violated  several  EU 
directives  on  waste.  The  waste  disposal  site  at  Punta  de  Ávalos  on  the  Canary  island  of  La 
Gomera poses a serious risk to the surrounding environment and human health.  

Waste crisis in the Campania Region, Italy 

The  Commission  launched  legal  action  against  Italy  over  the  chronic  waste  crisis  affecting 
Naples  and  the  rest  of  the  Campania  region.  The  Commission  considered  that  the  region’s 
waste  disposal  installations  are  inadequate and  pose  serious  problems  for  human  health  and 
the  environment,  constituting  a  violation  of  EU  waste  legislation.  In  June  2007,  the 
Commission  therefore  sent  Italy  a  first  warning  letter  requesting  information  about  the 
measures  being  taken  to  protect  human  health  and  the  environment  in  the  region.  In 
parallel,the Commission was assessing government plans to open four new waste landfill sites 
in  Campania  to  check  their  compliance  with  EU  law  and  to  establish  if    these  would  be 
sufficient to help resolve the region's waste problems. 

Sofia waste case, Bulgaria 

The  Commission  also  decided  to  send  a  first  written  warning  to  Bulgaria  for    its  failure  to 
provide an adequate system for the disposal of household waste in Sofia.  

Judgments of the Court of Justice in 2007 

Judgments of the Court of Justice in the waste sector  delivered in 2007 are: Case C-139/06, 
Commission  v  United  Kingdom,  ,  Case  C-361/05,  Commission  v  Spain,  Case  C-82/06 
Commission  v  Italy,  Case  C-90/07,  Commission  v  Belgium,  Case  C-523/06,  Commission  v 
Finland,  Case  C-106/07,  Commission  v  France,  Case  C-508/06,  Commission  v  Malta,  Case 
C-194/05,  Commission  v  Italy,  Case  C-195/05,  Commission  v  Italy,  Case  C-263/05 
Commission v Italy. 

6.2.2.2  

Changes underway 

EU  waste  management  legislation  is  characterised  by  several  pieces  of  consolidated  legal 
instruments as well as important new pieces of legislation. The waste management legislation 
is underpinned by the Thematic Strategy on the Waste Prevention and Recycling123. It sets as 
long term objective for the EU to become a recycling society, that seeks to avoid waste and 
uses waste as a resource. 

Following  the  Thematic  Strategy,  the  Waste  Framework  Directive  has  been  modernised, 
introducing  a  new  approach  to  waste  management  that  encourages  the  prevention  of  waste.  
The revised directive clarifies that the waste hierarchy should not be seen as a hard-and-fast 
rule  but  that  deviations  from  the  hierarchy  are  possible  based  on  a  life-cycle  analysis  of 
environmental impacts. The revised directive also sets energy-efficiency criteria on the basis 
of  which  waste  incineration  can  be  considered  as  a  recovery  operation  to  promote  resource 

123 

COM(2005)666. 

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efficiency, thus reducing the consumption of fossil fuels. It also sets new recycling targets: By 
2020, Member States must recycle 50% of their household and similar waste and 70% of their 
construction and demolition waste.  

6.2.2.3. Evaluation of the current position in terms of implementation 

The  overall  situation  of  waste  management  has  to  be  seen  as  critical.  The  by  far  biggest 
challenge  concerns  the  implementation  of  the  Waste  Framework  Directive,  the  Landfill 
Directive  and  the  Waste  Shipment  Regulation.  The  lack  of  adequate  waste  management 
infrastructure,  the  persistently  high  number  of  illegal  landfills  in  a  significant  number  of 
Member  States  and  the  significant  number  of  illegal  shipments  of  waste,  notably  electronic 
waste and end-of-life vehicles, threaten human health and the environment. The chronic waste 
crisis affecting Naples and the rest of the Campania region in Italy is a striking example. In 
Member States where this phenomenon exists, efforts, particularly in terms of investment in 
waste  infrastructure,  will  have  to  be  stepped  up  considerably.  Implementation  of  separate 
waste collection, notably for packaging waste and biodegradable waste, as well as  effective 
pre-treatment of waste before disposal are a prerequisite for boosting recycling and  reducing 
the  rate  of  landfilling,  in  particular  for  the  EU-12  Member  States,  where  it  still  oscillates 
around 90%. Specific aspects of landfilling have received higher attention under the present 
climate change discussion. Insufficient methane collection from landfills and alternative waste 
management  options  addressed  under  the  label  “waste  to  energy“will  fuel  the  discussion 
about improving waste management in the near future. 

6.2.2.4. Further challenges in implementing Waste Management legislation 

•  Ensuring  an  adequate  network  of  safe  and  legal  waste  disposal  and  recovery 
facilities.  Matching  the  capacity  of  waste  infrastructure  to  the  volume  of  waste 
generated is fundamental to good waste management. Waste management plans can 
help ensure the necessary capacity, but only if they are effectively implemented. 

•  Reducing and r managing certain waste streams. The achievement of certain EC 
waste  reduction  and  management  goals  such  as  the  diversion  of  biodegradable 
waste  from  landfills  and  the  collection  and  handling  of  end-of-life  vehicles  and 
waste  electrical  and  electronic  equipment  (WEEE)  also  depends  on  adequate 
forward  planning  and  development  of  organisational  arrangements  and  recovery 
facilities.  

•  Combating the illegal waste trade and illegal waste disposal. Tackling the use of 
thousands of illegal landfills in several Member States requires strategic action on 
several  fronts  to  comply  with  the  Waste  Framework  Directive  and  the  Landfill 
Directive:  investments  in  legal  facilities,  better  systems  of  national  detection, 
enforcement  and  deterrence  and  adequate  site  clean-up.  Adequate  controls  on 
transfrontier  waste  shipments  are  also  essential.  The  Commission  has  taken 
horizontal legal action for lack of controls on illegal landfills, and there have been 
several important ECJ rulings. 

EN 

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6.2.2.5. 

Prioritisation of Commission’s legal enforcement work  

In the coming years, the Commission will pursue its legal enforcement action to help meet the 
objectives  of  the  waste  management  legislation,  i.e.  to  reduce  the  negative  impact  on  the 
environment  and  human  health  that  is  caused  by  waste  throughout  its  life-span,  from 
production to disposal, via recycling.  

To this effect, high priority will continue to be given to “horizontalising“infringement action, 
i.e.  tackling  widespread  problems  of  bad  implementation  at  a  more  strategic  level.  This 
approach allows the Commission to address the lack of adequate waste management capacity 
and infrastructure and the presence of illegal landfills in a far higher number of places than 
would  have  been  possible  if  it  had  only  focused  on  individual  failures,  and  to  ensure 
consistency and coherence in the actions taken. 

In  addition,  since  the  completeness  and  correctness  of  implementing  legislation  within  the 
Member  States  are  important  determinants  of  good  implementation  in  practice,  the 
Commission  will  continue  to  systematically  pursue  infringements  concerning  the  non-
conform  transposition  of  the  most  important  pieces  of  waste  management  legislation  (for 
example,  the  Landfill  Directive,  the  WEEE  Directive,  the  End-of–life  vehicles  Directive) 
likely to affect the attainment of the legislative objectives.  

As  for  other  new  proposals  for  directives,  to  ensure  timely  and  correct  transposition  of  the 
new  waste  management  directives,  primarily  the  new  Waste  Framework  Directive,  the 
responsible  units  within  DG  Environment  will  prepare  risk-based  implementation  action 
plans. 

By  way  of  preventive  action,  the  Commission  will  continue  to  carry  out  awareness-raising 
campaigns  and  information  exchange  in  most  Member  States.  Particular  emphasis  will  be 
placed  on  two  implementation  gaps,  illegal  and  mismanaged  landfills  and  illegal  waste 
shipments, and waste management plans and prevention programmes. It is hoped that this will 
increase  understanding  of  Community  legal  requirements,  identify  bottlenecks  and  promote 
best practice. 

Furthermore,  bilateral  and  multilateral  meetings  will  take  place  with  Member  States  and 
stakeholders.  

6.2.3    

Environmental Impact Assessment and Strategic Environmental Assessment 

6.2.3.1  

Current position 

The  most  important  pieces  of  legislation  in  this  sector  are  the  Environmental  Impact 
Assessment    Directive  and  the  Strategic  Environmental  Assessment  Directive.  Council 
Directive 85/337/EEC on the assessment of the effects of certain public and private projects 
on the environment as amended by Directives 97/11/EC and 2003/35/EC (the Environmental 
Impact  Assessment  or  EIA  Directive)124obliges  Member  States  to  carry  out  environmental 
impact assessments before certain types of public and private projects which are likely to have 
a significant impact on the environment are authorised. Directive 2001/42/EC of the European 
Parliament  and  of  the  Council  on  the  assessment  of  the  effects  of  certain  plans  and 

124 

OJ L 175, 5.7.1985, p. 40. 

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programmes  on  the  environment  (the  Strategic  Environmental  Assessment  or  SEA 
Directive)125seeks to ensure that the environmental consequences of certain public plans and 
programmes  that  are  likely  to  have  significant  environmental  effects  are  identified  and 
assessed while they are being prepared and before they are approved.  

Work in 2007 

Main infringements in 2007 

Non-conform transposition of the EIA Directive 

In  2007,  the  Commission  moved  forward  infringement  actions  on  with  regard  to  the  non-
conform transposition of the EIA Directive. Second warning letters were sent to four Member 
States  and  an  application  to  the  Court  of  Justice  was  decided  as  regards  two  other  Member 
States. 

Infringement under Article 228 on transposition of SEA Directive in Belgium 

Following an infringement procedure brought by the Commission, the Court of Justice ruled 
in December 2006 (Case C-54/06) that Belgium had not complied with its obligations because 
the Flemish Region had not transposed the SEA directive. The deadline for doing so was 21 
July  2004.  The  Flemish  government  has  taken  steps  towards  transposing  the  directive  since 
the judgment, but has not yet completed the process. In view of this continuing infringement, 
the Commission sent  Belgium  a  first warning letter under Article  228 in March 2007 and a 
final warning in June 2007 that Flanders must fully comply with the directive. 

Judgments of the Court of Justice in 2007 

The  Court  of  Justice  in  a  judgment  of  5  July  2007  (Case  C-255/05)  declared,  among  other 
things, that, by not making the project to implement a ‘third line’ of the incinerator belonging 
to  ASM  Brescia  SpA  subject  to  the  environmental  impact  assessment  procedure,  before 
consent was given for its construction, the Italian Republic has failed to fulfil its obligations 
under the EIA directive. 

Further  judgments  of  the  Court  of  Justice  in  the  environmental  impact  assessment  sector  in 
2007  are:  Case  C-199/04,  Commission  v  United  Kingdom,  Case  C-376/06,  Commission  v 
Portugal,  Case  C-255/05,  Commission  v  Italy,  Case  C-93/07,  Commission  v  Belgium,  Case 
C-354/06, Commission v Luxembourg and Case C-40/07, Commission v Italy. 

6.2.3.2  

Changes underway 

The  application  and  effectiveness  of  the  environmental  impact  assessment  legislation,  in 
particular the EIA Directive has been subject to regular reviews in the past. On the basis of 
such  reviews,  the  EIA  Directive  was  subsequently  amended  in  1997.  Directive  97/11/EC126 
widened  the  scope  of  EIA  Directive  by  increasing  the  types  of  project  covered,  and  the 
number of projects requiring mandatory environmental impact assessment (Annex I). It also 
strengthened  the  procedural  basis  of  the  EIA  Directive  by  providing  for  new  screening 

125 
126  

OJ L 197, 21.7.2001, p. 30. 
OJ L 73, 14.03.1997. 

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arrangements,  including  new  screening  criteria  (at  Annex  III)  for  Annex  II  projects,  and 
providing minimum information requirements. Following this first amendment, the Directive 
was  later  modified  in  2003  by  Directive  2003/35/EC127  seeking  to  align  the  provisions  on 
public  participation  in  accordance  with  the  Aarhus  Convention  on  public  participation  in 
decision-making and access to justice in environmental matters. Depending on the results of 
future reports on their application, further amendments and changes to both the EIA and the 
SEA Directive cannot be excluded.  

6.2.3.3. 

Evaluation of the current position in terms of implementation 

The EIA Directive has been the subject of several cases brought before the European Court of 
Justice  and  the  case-law  of  the  Court  has  contributed  to  the  better  understanding  of  certain 
provisions of the Directive. In the interests of better implementation of the EIA and the SEA 
Directive,  the  Commission  services  have  developed  in  recent  years  a  number  of  guidance 
documents on particularly important aspects of both directives128.  

Although the Environmental Impact Assessment sector continues to generate a high number 
of complaints, its contribution to the overall number of open cases has decreased, so that at 
the end of 2007 this sector ranked only fifth in terms of the number of infringements. Most 
open cases still relate to the EIA Directive, but cases relating to the SEA Directive are on the 
increase.  The  deadline  for  transposing  the  latter  Directive  was  21  July  2004,  but  significant 
delays  in  transposition  have  occurred  in  many  Member  States,  which  means  that  the 
experience in the actual application of the Directive is still somewhat limited. In addition, the 
conformity    of  Member  States'  legislation    cannot  yet  be  considered  to  have  been  secured. 
Given  the  similar  nature  of  the  obligations  in  the  two  instruments,  it  is  to  be  expected  that 
problems in the correct application of the SEA Directive will be similar to those encountered 
in  applying  the  EIA  Directive.  In  terms  of  enforcement,  early  signs  are  that  decisions  as  to 
whether smaller plans and programmes or modifications thereof require an SEA (the so-called 
“screening“decisions) could pose problems of bad application. However, forthcoming reports 
on the application of both the EIA and the SEA Directives will clarify this and form the basis 
for the future Commission’s action in the sector. 

Article  2(3)  of  the  EIA  Directive  allows  Member  States  to  exempt  specific  projects  in 
exceptional circumstances (e.g. for unforeseen civil emergencies; threats to human health and 
the environment; security risks) from the provisions of the Directive in whole or in part, and 
to notify the Commission. This provision has been used by Italy three times in 2006 and twice 
so far in 2008.  

In 2006, two notifications concerned the  building of port  infrastructure  in Sicily: one in the 
Eolie  islands  after  damage  by  a  tsunami  and  the  other  in  Lampedusa  due  to  the  lack  of 
facilities  to  receive  a  high  number  of  immigrants.  The  third  2006  notification  was  for  the 
temporary use of an existing waste disposal facility for special waste in Lecce in Puglia due to 
the  waste  emergency  in  the  region  at  the  time.  In  2008,  both  notifications  concerned  new 
landfills in Campania needed due to the waste emergency there. 

127  
128  

OJ L 56, 25.06.2003. 
Examples  for  the  EIA  Directive  include  guidance  documents  on  screening,  scoping,  assessment  of 
indirect  and  cumulative  impacts,  or  most  recently,  on  the  interpretation  of  the  different  project 
categories. 

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6.2.3.4 Further challenges in implementing Environmental Impact Assessment legislation 

•  Ensuring that citizens and NGOs can seek reviews at Member States level. Every 
year, thousands of projects are proposed across the Community. A key challenge 
arises from the fact that, when citizens are aggrieved or concerned about proposed 
new infrastructure, industrial and other projects, they look to environmental impact 
assessment  provisions  contained  in  the  EIA  Directive  when  formulating  their 
objections  and  concerns.  The  provisions  are  therefore  frequently  invoked  in 
relation  to  controversies  about  proposed  new  development  and  in  relation  to 
complaints and petitions. In line with the Aarhus Convention, the last revision of 
the Environmental Impact Assessment Directive in 2003 seeks to give citizens and 
NGOs  a  right  of  review  of  decisions  that  concern  rights  of  public  participation. 
Making  this  effective  is  a  way  of  better  addressing  nationally  the  many  EIA 
concerns  that  are  expressed  by  citizens  about  individual  projects  across  the 
Community. 

•  Developing  capabilities  in  Member  States  to  ensure  effective  implementation  of 
the EIA and SEA Directives. For the effective application of the EIA and the SEA 
Directives,  capacity  building  must  be  stongly  encouraged  within  institutions  
having critical  responsibilities in planning and environmental  decision-making, 
notably  through  targeted  campaigns  for  the  recruitment  and  training  of  EIA  and 
SEA    experts.  In  this  context,  training  programmes  offered  and  guidance 
documents prepared by the Commission are contributing to the capacity building 
efforts of the Member States. 

•  Taking into account the horizontal character of the EIA and SEA Directives, there 
are  possible  overlaps  between  these  two  Directives  and  certain  other  EC 
environmental  legislation  and  policies.  This  may  require  co-ordinated  or  joint 
procedures  to  avoid  duplication  of  assessment.  Overlaps  may  occur  between  the 
EIA  and  SEA  Directives  themselves,  as  well  as  with  the  Water  Framework 
Directive (Directive 2000/60/EC), the  Nitrates Directive (91/676/EC), the Waste 
Framework  Directive  (Directive  2006/12/EC), 
the  Air  Quality  Directive 
(2008/50/EC)  and  the  Habitats  Directive  (92/43/EC).  Furthermore,  the  SEA 
Directive  also  applies  to  plans  and  programmes  co-financed  by  the  EC,  and  the 
environmental assessment is carried out in conformity with the specific provisions 
in relevant Community legislation. 

6.2.3.5. 

Prioritisation of Commission’s legal enforcement work 

High  priority  will  continue  to  be  given  to  legal  action    addressing  non-conformity  of  
transposing  measures  for  the  EIA  Directive  likely  to  affect  the  attainment  of  the  legislative 
objectives.  These  cases  now  mainly  concern  EU-12  Member  States.  Similarly,  the 
Commission will continue to pursue infringement procedures against Member States that have 
failed  to  correctly  and/or  completely  transpose  the  SEA  Directive.  Since  these  directives 
contain  mainly  procedural  requirements  which  figure  in  many  complaints  and  petitions,  the 
Commission  will  continue  to  seek  improved  national  legislation  to  implement  these 
requirements. By doing so, the Commission seeks to avoid at least some procedural problems 
at the level of individual plans and projects. 

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In addition to the emphasis on pursuing non-conformity cases and work aimed at improving 
national  legislation  which  implements  the  procedural  requirements  of  the  environmental 
impact  assessment  legislation,  the  following  types  of  bad  implementation  cases  will  be 
followed up more closely by the Commission: 

•  breaches  concerning  big  infrastructure projects or interventions involving EU 

funding; 

•  breaches linked to bad transposition of certain provisions of the environmental 
impact  assessment  legislation  likely  to  affect  the  attainment  of  the  legislative 
objectives; 

•  breaches  that  reveal  interpretation  problems  concerning  certain  provisions  of 
the environmental impact assessment legislation which could have a significant 
influence  on  the  impact  of  the  legislation  that  would  justify    seeking 
clarification from the Court of Justice. 

Apart  from  the  above  cases    where  the  Commission  legal  enforcement  action  might  be 
indispensable,  individual  breaches  of  certain  provisions  of  the  environmental  impact 
assessment legislation should primarily be addressed through the existing review mechanisms 
at Member State level. 

6.2.4   Protecting Water Resources 

6.2.4.1  Current position 

The  most  important  piece  of  legislation  in  this  area  is  the  Water  Framework  Directive129, 
which.  establishes  a  strategic  framework  for  the  protection  of  all  water  bodies,  i.e.  rivers, 
lakes,  coastal  waters  and  groundwater,  in  the  European  Union.    Council  Directive 
91/271/EEC concerning urban waste water treatment130 is another key instrument for reducing 
water pollution: it addresses the waste water discharges of cities and towns. Complementing it 
is  the  Nitrates  Directive131,  designed  to  protect  Community's  waters  against  nitrates  from 
agricultural  sources,  one  of  the  chief  causes  of  diffuse  pollution.  Aimed  at  ensuring  that 
drinking water is kept free of contamination, the Drinking Water Directive132 is important for 
public health. . Besides the above-mentioned key directives, European water legislation also 
covers  further  specific  uses  of  water  includingrules  for  the  monitoring,  assessment  and 
management of the quality of bathing water133. Moreover, various pieces of legislation cover 
rules for preventing and reducing the discharges of substances into water bodies134. 

129  

130  
131  

132 

133  

134  

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a 
framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1–73). 
OJ L 135, 30.5.1991, p. 40–52. 
Council  Directive  91/676/EEC  of  12  December  1991  concerning  the  protection  of  waters  against 
pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991). 
Council 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 
330, 05.12.1998, p. 32-54.) 
Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (OJ L 31, 
5.2.1976, p. 1–7). 
The  following  directives  can  be  mentioned  as  examples  of  such  legislation:  Council  Directive 
76/464/EEC  of  4  May  1976  on  pollution  caused  by  certain  dangerous  substances  discharged  into  the 
aquatic environment of the Community(OJ L 129, 18.5.1976); and Council Directive 80/68/EEC of 17 

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Work in 2007 

Main infringements in 2007 

Infringements under Article 228  

In 2007, the Commission sent Italy a final warning letter under Article 228 following its first 
warning in 2006 for failing to comply with a ruling of the Court of Justice of 12 January 2006 
(Case  C-85/05)  which  condemned  Italy  for  failing  to  transpose  the  Water  Framework 
Directive.  The  Commission’s  view  is  that  the  legislative  decree  sent  by  Italy  in  May  2006 
following the above ruling of the Court did not fully transpose the directive. A final warning 
letter  was  also  sent  to  Luxembourg  in  2007  for  not  complying  with  a  similar  ruling  on  the 
same directive delivered by the Court on 30 November 2006 (Case C-32/05). 

During  2007,  the  Commission  sent  first  warning  letters  to  Belgium,  Luxemburg,  Spain  and 
the  United  Kingdom    for  not  fully  complying  with  Court  of  Justice  rulings  concerning  the 
Urban  Waste  Water  Treatment  Directive.  The  rulings  in  question  are  Case  C-27/03, 
Commission  v  Belgium,  delivered  on  8  July  2004  over  the  failure  to  sufficiently  treat  the 
waste  water  of  many  Belgian  agglomerations;  Case  C-452/05,  Commission  v  Luxembourg, 
delivered  on  23  November  2006  for  failure  to  sufficiently  treat  the  waste  water  of  eleven 
agglomerations;  Case  C-416/02,  Commission  v  Spain,  delivered  on  8  September  2005  in 
relation to the lack of treatment of the waste water of the agglomeration of Vera; and Case C-
405/05,  Commission  v  United  Kingdom,  delivered  on  25  January  2007  for  failure  to 
adequately treat the waste water of thirteen agglomerations. 

The  Commission  sent  Ireland  a  final  warning  letter  for  failing  to  comply  fully  with  a  2002 
Court of Justice ruling requiring drinking water supplies to be kept free of E. coli bacteria in 
accordance with the Drinking Water Directive (Case C-316/02). Portugal also received a first 
warning letter for failing to comply with a 2005 Court of Justice ruling concerning the same 
directive (Case C-251/03).  

The  Commission  also  sent  Ireland  a  final  warning  letter  for  failing  to  comply  with  a  2002 
Court of Justice ruling (Case C-282/02) requiring greater controls on polluting discharges to 
surface water by local authorities, in particular through the establishment of an authorisation 
system. Ireland subsequently notified legislation establishing such authorisation system.  

Infringement concerning the Nitrates Directive 

In 2007, the Commission updated an infringement action against Spain (launched originally in 
2003) by sending an additional letter of formal notice covering the incomplete monitoring and 
insufficient  designation  of  nitrate  vulnerable  zones  as  well  as  the  failure  to  adopt  fully 
compliant action programmes for these zones. 

Judgments of the Court of Justice in 2007 

In 2007, the Court of Justice delivered several rulings in the water sector. 

December  1979  on  the  protection  of  groundwater  against  pollution  caused  by  certain  dangerous 
substances(OJ L 20, 26.1.1980, p. 43–48) 

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In  Case  C-405/05  the  Court  declared  that  the  United  Kingdom  had  failed  to  fulfil  its 
obligations under the Urban Waste Water Treatment Directive by failing to take the measures 
necessary to ensure that adequate treatment was provided for urban waste waters from certain 
agglomerations by 31 December 2000 at the latest. 

In  Case  C-219/05,  the  Court  ruled  that  Spain  had  failed  to  fulfil  its  obligations  under  the 
Urban Waste Water Treatment Directive by failing to ensure that certain coastal waste water 
discharges were subject to more stringent treatment by the required deadline of 31 December 
1998.  

In  Case  C-440/06,  Commission  v  Greece,  the  Court  ruled  that,  for  several  agglomerations, 
there  had  been  a  failure  to  provide  collecting  systems  and/or  waste  water  treatment  in 
accordance with the Urban Waste Water Treatment Directive. 

The Court ruled in Case C-248/05 that Ireland failed to fulfil its obligations under Directive 
80/68/EEC  on  the  protection  of  groundwater  against  pollution  caused  by  certain  dangerous 
substances with regard to a municipal landfill at Ballymurtagh (County Wicklow). In Case C-
148/05, it ruled that Ireland had failed to designate all shellfish waters requiring designation 
under  Directive  79/923/EEC  on  the  quality  required  of  shellfish  waters  and  that  it  had  also 
failed to take all necessary measures to establish pollution reduction programmes for shellfish 
waters requiring designation. 

In Case C-85/07, the Court ruled that Italy had failed to complete and notify the analyses of 
certain  Italian  river  basin  districts  as  it  was  required  to  do  under  the  Water  Framework 
Directive. 

6.2.4.2  Changes underway 

European  water  legislation  consists  of  a  number  of  fairly  stable,  consolidated  legal 
instruments,  but  there  are  also  important  new  developments  in  this  domain.  Examples  of 
recently  adopted  measures  include    a  new  Bathing  Water  Directive135,  a  new  Groundwater 
Directive136, which supports the Water Framework Directive, and a directive on flood risks137. 

135  

136  

137  

Directive  2006/7/EC  of  15  February  2006  concerning  the  management  of  bathing  water  quality  and 
repealing  Directive  76/160/EEC  (transposition  deadline  24  March  2008)  (OJ  L  64  of  4.3.2006). 
Directive  76/160/EEC  is  repealed  by  this  new  Directive  with  effect  from  31  December  2014.  It  is 
designed  to  ensure  consistency  with  the  Water  Framework  Directive  and  is  also  intended  to  simplify 
procedures  in  the  light  of  scientific  developments  and  improve  participatory  processes  for  the  actors 
concerned and the information given to the public. 
Directive  2006/118/EC  of  12  December  2006  on  the  protection  of  groundwater  against  pollution  and 
deterioration  (transposition  deadline  16  January  2009)  (OJ  L  372,  27.12.2006).  This  Directive  is 
designed to prevent and combat groundwater pollution. Its provisions include: criteria for assessing the 
chemical  status  of  groundwater;  criteria  for  identifying  significant  and  sustained  upward  trends  in 
groundwater pollution levels, and for defining starting points for reversing these trends; and preventing 
and  limiting  indirect  discharges  (after  percolation  through  soil  or  subsoil)  of  pollutants  into 
groundwater. 
Directive  2007/60/EC  of  the  European  Parliament  and  of  the  Council  of  23  October  2007  on  the 
assessment  and  management  of  flood  risks  (transposition  deadline  26  November  2009)  (OJ  L  288, 
6.11.2007). This Directive aims to establish a common framework for assessing and reducing the risk 
that floods within the European Union pose to human health, the environment, property and economic 
activity.  The  purpose  of  this  Directive  is  to  manage  and  reduce  the  risk  of  floods,  particularly  along 
rivers and in coastal areas. It provides for assessment of the risk of flooding in river basins, the mapping 

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The  new  Marine  Strategy  Framework  Directive138,    which  extends  the  application  of  the 
principles of the Water Framework Directive to the European Seas, has recently been adopted. 
In addition, a proposal for a Directive relating to priority hazardous substances139 which also 
supports the Water Framework Directive is currently in the adoption pipeline.  

6.2.4.3 Evaluation of the current position in terms of implementation 

The  strong  stakeholder  processes  that  have  been  put  in  place,  combined  with  Commission 
enforcement  action,  have  helped  to  ensure  a  broad  degree  of  compliance  with  the  first 
implementation  deadlines  under  the  Water  Framework  Directive.  These  comprise  the 
deadlines for transposing the directive into national law (December 2003), the setting up and 
notification of river basin districts (June 2004), the analysis and notification of pressures on 
river basin districts (March 2005) and the organisation and notification of monitoring (March 
2007). However, studies have identified problems with the quality of national implementing 
legislation, and the Commission faces the challenge  of securing from Member States clearer 
and more complete national implementing provisions.  

In the EU-15, i.e. those Member States that joined the EU in the period before 2004-2007, the 
implementation of the Urban Waste Water Treatment Directive presents a mixed picture. On 
the  one  hand,  key  infrastructure  is  in  place  in  several  Member  States  and  significant 
investments  have  been  made  elsewhere.  This  serves  not  only  the  immediate  goals  of  the 
Urban  Waste  Water  Treatment  Directive  but  also  supports  the  achievement  of  wider  water 
policy objectives, including those  of  the  Water  Framework  Directive. On the other hand, in 
the  EU-15,  there  are  infrastructure  deficits  in  up  to  a  quarter  of  the  8000  larger  cities  and 
settlements  that  were  subject  to  1998  and  2000  collection  and  treatment  deadlines.  The 
deficits  are  the  subject  of  ongoing  Commission  infringement  procedures  that  have  already 
resulted  in  several  important  ECJ  rulings.  These  in  turn  are  helping  to  secure  the  necessary 
implementation work in the Member States concerned, and a steady narrowing of the deficits 
is  to  be  expected.  However,  several  factors  such  as  slippage  of  expected  infrastructure 
completion dates make it difficult to forecast when full compliance will be achieved. 

6.2.4.4  

Further challenges in implementing European water legislation 

•  Making  the  Water  Framework  Directive  fully  operational.  Momentum  must  be 
maintained to ensure that critical upcoming deadlines are respected and that in the 
crucial period 2009-2015, effective action is taken at the level of each European 
river  basin  district  to  prevent  and  reduce  water  pollution  and  avoid  the  unsound 
use of water resources.  

• 

Implementing  the  Urban  Waste  Water  Treatment  Directive:  It  is  important  to 
ensure effective implementation of the Urban Waste Water Treatment Directive in 
the EU-12 and continue to ensure effective implementation in the EU-15. For the 

138  

139  

of flood risks in all regions where there is a serious risk of flooding and the drawing up of flood risk 
management plans based on close cooperation between and the broad participation of Member States. 
Directive  2008/56/EC  of  the  European  Parliament  and  of  the  Council  of  17  June  2008  establishing  a 
Framework  for  Community  Action  in  the  field  of  Marine  Environmental  Policy  (Marine  Strategy 
Framework Directive)(OJ L 164, 25.6.2008, p. 19–40). 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  environmental  quality 
standards in the field of water policy and amending Directive 2000/60/EC (COM(2006)397). 

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EU-12,  legal  deadlines  are  later  but  it  is  clear  that  many  cities  and  settlements 
require  upgrades  and  the  Commission  will  need  to  follow  progress  closely.  The 
Commission will also need to monitor closely compliance in EU-15, for example 
to ensure that collecting systems and treatment match urban growth. 

6.2.4.5 Prioritisation of Commission’s legal enforcement work 

Horizontal legal actions addressing systemic breaches, such as widespread contraventions to 
obligations for the development of environmental infrastructure under the Urban Waste Water 
Directive will continue to be pursued as priorities. This approach means that a single case can 
encompass  significant  numbers  of  non-compliant  cities  and  towns,  bringing  much  more 
pressure to bear than would be possible through a policy of pursuing individual failures. 

An important focus of the Commission’s enforcement work as regards water is to make sure 
that the various deadlines of the Water Framework Directive are respected. To this effect, the 
Commission  will  continue  to  take  concerted  legal  action  to  address  missed  deadlines  in  the 
upcoming crucial period 2009-2015 

The Commission will continue to take infringement action against Member States that have 
not  correctly  or  completely  transposed  into  their  national  legislation  the  provisions  of  the 
Water  Framework  Directive  in  ways  likely  to  affect  the  attainment  of  the  legislative 
objectives.  

Similar  action  will  be  taken  to  secure  from  Member  States  (mainly  from  EU-12  countries) 
clearer and more complete national implementing provisions of the Drinking Water Directive.  

As  regards  the  important  new  legal  instruments,  DG  Environment  will  prepare  risk-based 
implementation  action  plans  for  the  Marine  Strategy  Directive  and  the  new  Groundwater 
Directive.  This  will  involve  forward  planning  of  work  to  encourage  correct  and  timely 
transposition. 

6.2.5   Air quality  

6.2.5.1  Current position 

The  new  Directive  2008/50/EC  of  the  European  Parliament  and  of  the  Council  of  21 May 
2008  on  ambient  air  quality  and  cleaner  air  for  Europe  is  the  key  legal  instrument  in  this 
sector140. This merges four Directives141 and one Council Decision142 into a singe air quality 
instrument. Other important legal instruments contributing to ensuring adequate air quality are 
the  two  fuel  quality  Directives,  i.e.  Directive  98/70/EC  relating  to  the  quality  of  petrol  and 

140  
141  

142  

. OJ L 152, 11.6.2008, p. 1–44. 
The  four  directives  merged  into  the  new  directive  are:  Council  Directive  96/62/EC  of  27  September 
1996  on  ambient  air  quality  assessment  and  management;  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; Directive  2000/69/EC of the  European Parliament  and  of  the  Council 
relating to limit values for benzene and carbon monoxide in ambient air; and Directive 2002/3/EC of 
the European Parliament and of the Council relating to ozone in ambient air 
Council Decision 97/101/EC establishing a reciprocal exchange of information and data from networks 
and individual stations measuring ambient air pollution within the Member States. 

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diesel  fuels143  and  Directive  1999/32/EC  relating  to  a  reduction  in  the  sulphur  content  of 
certain  liquid  fuels144.  Furthermore,  mention  must  also  be  made  of  the  Noise  Directive145 
which  lays  down  a  common  approach  to  avoiding,  preventing  or  reducing  on  a  prioritised 
basis the harmful effects of exposure to environmental noise. 

Work in 2007 

Main infringements in 2007 

Action on SO2 levels  

The  Commission  started  infringement  procedures  against  France,  Italy,  Spain,  Slovenia  and 
the UK for exceeding  EU limits  on ambient concentrations of sulphur dioxide (SO2),  an air 
pollutant  from  industrial  installations  that  can  cause  respiratory  problems  and  aggravate 
cardiovascular disease. The Directive 1999/30/EC sets hourly and daily limit values for SO2 
concentrations  which  entered  into  force  on  1  January  2005.  The  five  Member  States  facing 
infringement procedures all reported exceeding the values in their territory during 2005.  

Action on PM10 levels 

Under  Directive  1999/30/EC,  binding  daily  and  annual  limit  values  for  airborne  particles 
known as PM10 have been in force since 1 January 2005. In 2007, the Commission asked 23 
Member  States  that  have  reported  exceeding  the  levels  of  the  PM10  values  for  2005  to 
provide  information  on  the  measures  they  were  taking  to  eliminate  or  reduce  the  levels  to 
meet EU standards. This information will allow the Commission to better assess the extent of 
the problem and to decide upon request received from the Member States on granting possible 
time extensions under the new Directive on ambient air quality and cleaner air for Europe to 
comply with PM10 limit values. 

6.2.5.2 Changes underway 

This domain of EC environmental law is characterised by important new developments. The 
most  important  recent  legal  instrument  is  the  new  Air  Quality  Directive,  2008/50/    which 
entered into force on 11 June 2008. It introduces new objectives for fine particles PM2.5 but 
does not change existing air quality standards. It does, however, give under certain conditions 
Member States greater flexibility in meeting some of these standards in areas where they have 
difficulty  complying.  Another  important  legal  instrument  that  is  currently  in  the  legislative 
procedure is the revision of the Fuel Quality Directive146. This will contribute to reducing air 
pollutant  and  greenhouse  gas  emissions  from  road  and  non-road  fuel  use  and  help  to 

143  

144  

145  

146  

Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the 
quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 
58–68). 
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction int he sulphur content of certain 
liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13–18). 
Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the 
assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12–25). 
Proposal for a Directive of the European Parliament and of the Council amending Directive 98/70/EC 
as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and the 
introduction  of  a  mechanism  to  monitor  and  reduce  greenhouse  gas  emissions  from  the  use  of  road 
transport fuels and amending Council Directive 1999/32/EC, as regards the specification of fuel used by 
inland waterway vessels and repealing Directive 93/12/EEC (COM (2007) 18).  

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implement the Community strategies on air quality and on climate change. The main reasons 
for reviewing the Fuel Quality Directive stem from evolving fuel and engine technology and 
the growth in biofuel use. 

6.2.5.3 Evaluation of the current position in terms of implementation 

Available evidence points to serious problems in complying with the air quality limit values 
in many European air quality zones. The Commission has been following closely the situation 
in all Member States and, so far, has taken the following action in this field: 

•  Action  on  SO2  levels:  The  Commission  has  already  launched  infringement 
procedures  against  several  Member  States  that  have  shown  widespread 
exceedances of sulphur-dioxide (SO2) limit values that have been in force since 
1 January 2005.  

•  Action on PM10 levels: The binding limit values for particulate matter (PM10) 
have  also been in  force since 1 January 2005. It is clear from official reports 
that  most  of  the  Member  States  have  experienced  significant  difficulties  in 
achieving compliance with these limit values. For 2006,  around 400  zones in 
23 Member States were reported being in non-compliance. It is expected that 
Bulgaria and Romania, which were not under obligation to report for that year, 
are also facing serious compliance problems. In this context, it must be noted 
that  PM10  compliance  problems  were  recognised  well  in  advance  by  the 
Commission.    Hence,  it  proposed  a  revision  of  the  legislation  aimed  at 
maintaining standards but allowing extra time and greater flexibility to address 
the most serious difficulties under certain conditions. The dilemma was how to 
treat the breaches of existing Community law in the intervening period before 
the new Directive was adopted. The Commission took the option not initiating 
immediate legal actions, and instead, required the Member States to implement  
the pollution-abatement measures necessary to improve the situation. It warned 
Member  States  that  this  would  be  a  condition  for  any  time  extension  for 
compliance under the new Air Quality Directive. 

•  Action  concerning  non-communication  of  plans  and  programmes  aimed  at 
achieving  compliance  with  other  limit  values:  The  Commission  has  pursued 
legal enforcement action against a number of Member States which had failed 
to communicate their plans and programmes for complying by the end of the 
transitional  periods  with  the  other  limit  values  set  under  EC  Air  Quality 
legislation147.  

•  Actions  concerning  noise  Under  the  Noise  Directive,  Member  States  had  to 
send to the Commission by 30 December 2007 information from the strategic 
noise maps which had to be drawn up by 30 June 2007. Strategic noise maps 
are required to be drawn up in order to monitor the extent of noise pollution, to 
inform  and  consult  the  public  about  noise  exposure,  its  effects,  and  the 
measures  considered  necessary  to  address  noise.  The  Commission  prepared 
guidance and electronic templates (so-called 'electronic reporting mechanisms') 
designed  to  support  and  assist  the  Member  States  in  fulfilling  their  reporting 

147  

In addition to sulphur-dioxide and particulate matter for which binding limit values have been in force 
since  1  January  2005,  EC  legislation  sets  limit  values  that  are  not  yet  in  force  for  the  following 
pollutants:  nitrogen  dioxide,  oxides  of  nitrogen,  lead,  benzene,  carbon  monoxide,  ozone,  arsenic, 
cadmium, mercury and nickel. 

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requirements.  The  Commission,  together  with  the  European  Environmental 
Agency,  is  currently  assessing  the  information  received  and  carrying  out  a 
quality  checking  of  the  noise  maps.  It  is  to  be  noted  that  there  are  still  some 
Member States who have not yet submitted their report. The Commission has 
requested all Member States to provide information on the current state of play 
concerning their noise maps. 

6.2.5.4 Further challenges in implementing Air Quality legislation 

•  Ensuring compliance with air quality limit values: Air pollution has long been 
recognised  as  posing  a  significant  risk  to  human  health  and  the  environment. 
On  the  basis  of  past  experience,  it  is  likely  that  ensuring  compliance  with 
binding limit values will remain a difficult issue in several Member States. In 
the coming period, it will be crucial to ensure that measures aimed at bringing 
about  compliance  with  limit  values  are  systematically  put  in  place  and 
implemented. 

•    Implementing the mechanisms of the new Air Quality Directive postponement 
of  attainment  deadlines:  The  new  Air  Quality  Directive  provides  Member 
States  the  possibility  to  obtain,  under  certain  conditions,  time  extensions  for 
compliance with certain limit values. Most of the Member States are expected 
to  apply  for  such  time  extensions.  Before  granting  its  final  agreement  to  the 
postponement  of  attainment  deadlines,  the  Commission  will  have  to  assess 
thoroughly  if  a  number  of  conditions  are  fulfilled,  in  particular  if  Member 
States  have  implemented    appropriate  pollution-abatement  measures.Effective 
implementation of the Environmental Noise Directive. The Commission efforts 
need  to  continue  to  ensure  that  the  Noise  Directive  is  fully  and  correctly 
implemented. 

6.2.5.5 Prioritisation of Commission’s legal enforcement work 

•  In  the  coming  years,  the  Commission  will  continue  to  monitor  closely  the 
situation  with  regard  to  compliance  with  air  quality  limit  values  in  all  Member 
States.  It  will  continue  to  follow  its  "horizontal  approach",    which  allows  air 
pollution  problems  to  be  addressed  in  a  far  higher  number  of  places  than  would 
have been possible if it had only focused on individual cities or regions. 

•  As  regards  excessive  SO2,  the  Commission  will  continue  to  pursue  the  legal 
enforcement action it has already launched against several Member States. As for 
PM10,  the  Commission  will  assess  closely  whether    time  extension  requests 
expected to be submitted by most of the Member States meet the relevant criteria. 
Infringement procedures are to be envisaged against Member States in breach of 
the  limit  values  which  do  not  apply  for  a  time  extension  or  do  not  meet  the 
conditions for obtaining such extension.  

•  In addition, legal enforcement procedures will be pursued to ensure that Member 

States fulfil their reporting obligations under the air quality legislation.  

•  The  Commission  will  continue  its  efforts  to  ensure  that  the  Noise  Directive  is 
fully  implemented.  To  this  end,  it  will  continue  to  carefully  assess  the 
information,  i.e.  the  strategic  noise  maps  and  action  plans,  submitted  by  the 

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Member States under the directive and will launch legal action should it identify 
breaches in the application of this legislation. 

For newly adopted directives, implementation action plans will be drawn up. This will involve 
forward planning of work to encourage correct and timely transposition. 

6.2.6    

Climate change 

6.2.6.1  Current position 

The  most  important  cross-cutting  measures  in  this  domain  are  the  Emissions  Trading 
Directive148  and  Decisions  280/2004/EC149  and  2005/166/EC150.  With  the  adoption  of  the 
Emissions Trading Directive,  the  EU has established a scheme for greenhouse gas emission 
allowance trading within the Community (EU ETS). This is a market-based instrument aimed 
at  gradually  reducing  emissions  in  selected  sectors.  It  should  help  the  Community  and  the 
Member  States  to  meet  their  Kyoto  Protocol  commitments  to  reduce  greenhouse  gas 
emissions  in  a  cost-efficient  way.  With  the  adoption  of  Decisions  280/2004/EC  and 
2005/166/EC the EU established a mechanism for  monitoring  and  reporting  greenhouse  gas 
emissions.    This  makes  it  possible  to  evaluate  more  accurately  and  more  regularly  the 
progress  made  in  reducing  emissions  under  the  United  Nations  Framework  Convention  on 
Climate Change (UNFCCC) and the Kyoto Protocol.  

Work in 2007 

Main infringements in 2007 

The main aim of infringement procedures launched under the climate change legislation has 
to  ensure  that  the  European  Union  and  its  Member  States  meet  all  their  various  obligations 
under  the  United  Nations  Climate  Change  Convention  and  the  Kyoto  Protocol,  notably  to 
ensure that the European Union Emissions Trading Scheme is fully operational and that the 
the  European  Union. 
monitoring  of  greenhouse  gas  emissions 
Infringements  in  2007  related  to  the  late  notification  of  national  allocation  plans  under  the 
Emissions Trading Directive, reporting under Article 3(1) and (2) of Decision 280/2004/EC, 
failure to prepare for international emissions trading according to Decision 2005/166/EC and 
failure to link national registries with the EU-wide registry system.  

is  effective  within 

National Allocation Plans 

 It should be noted that the Commission closed in 2007 all the cases it had launched in 2006 
against    those  Member  States,  which  had  failed,  in  violation  of  the  Emissions  Trading 

148  

149  

150  

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community and amending Council 
Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32–46). 
Decision 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning 
a  mechanism  for  monitoring  Community  greenhouse  gas  emissions  and  for  implementing  the  Kyoto 
Protocol (OJ L 49, 19.2.2004, p. 1–8). 
Commission Decision 2005/166/EC of 10 February 2005 laying down rules implementing Decision No 
280/2004/EC  of  the  European  Parliament  and  of  the  Councilconcerning  a  mechanism  for  monitoring 
Community greenhouse gas emissions and for implementing the Kyoto Protocol (OJ L 55, 1.3.2005, p. 
57–91). 

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Directive to submit by 30 June 2006 their national allocation plans (“NAPs”) for the second 
trading period (2008-2012) of the EU ETS.. The individual NAPs adopted by Member States 
fix the total number of emission allowances and set out the methodologies to allocate them to 
individual  installations  covered  by  the  EU  ETS.  NAPs  for  period  2008-2012  are  thus  an 
important  element  in  the  Member  States'  strategies  for  achieving  their  relevant  emission 
reduction targets under the Kyoto Protocol. 

It  should  be  noted  that  several  Member  States  were  opposed  to  the  2006  and  2007 
Commission's  decisions  approving  their  NAPs  for  the  period  2008-2012.  Most  importantly, 
they claimed that the upper limit set by the Commission on the total quantity of allowances 
that  they  may  allocate  was  too  low.  Consequently,  those  Member  States  have  brought 
annulment  actions  on  the  basis  of  Article  230  EC  before  the  European  Court  of  Justice 
(pending cases). In addition, individual companies, which  were also opposed to several 2006 
and  2007  Commission's  decisions  approving  NAPs  (they  seek  more  emission  allowances) 
have  also  referred  these  matters  to  the  European  Court  of  Justice.  Some  of  these  company 
cases have been declared inadmissible, whilst others are still pending. 

Cases under Article 3 (1) and (2) of Decision 280/2004/EC  

Under  Article  3  (1)  and  (2)  of  Decision  280/2004/EC  (read  in  conjunction  with  Decision 
2005/166/EC), Member States must submit to the Commission an annual report on national 
greenhouse gas (“GHG”) emissions (due by the 15 January) and a bi-annual report on national 
policies  and  programmes  aimed  at  reducing  these  emissions  (due  by  the  15  March).  Such 
reports  are  required  by  the  Commission  in  order  for  it  to  draft  its  annual  reports  on 
Community's  actual  and  future  predicted  GHG  emissions  in  compliance  with  the  UN 
Framework Convention on Climate Change and the Kyoto Protocol.. 

In  2007,  the  Commission  closed  numerous  cases  against  several  Member  States  that  had 
failed  to  submit  2006  annual  and  2005  bi-annual  reports.  Those  Member  States  have  now 
provided the Commission with missing reports and information. For those that have still not 
communicated  complete  annual  and  bi-annual  2005  and  2006  reports,  the  Commission 
proceeded further in 2007 by addressing to concerned Member States a second warning letter 
or by referring the matter to the Court of Justice. 

New cases were also opened in 2007 against several Member States on the ground that they 
had  communicated  to  the  Commission  no  or  incomplete  2007  annual  reports  on  GHG 
emissions and/or bi-annual reports.  

Failure to prepare for international emissions trading under the Kyoto Protocol  

Under  Article  23  of  Decision  2005/166/EC,  Member  States  were  required  to  submit  to  the 
Commission by 15 January 2006 (by 15 June 2006 for EU-10 Member States) the information 
necessary to determine the total amount they will be permitted to emit in line with their Kyoto 
target during 2008-2012, i.e. the “assigned amount”. The fixing of the assigned amount is a 
condition  for  a  Member  State's  eligibility  to  participate  in  the  flexible  mechanisms  of  the 
Kyoto Protocol, including Emissions Trading, the Clean Development Mechanism and Joint 
Implementation.  

In  2007,  the  Commission  closed  all  existing  cases  that  had  been  launched  against  several 
Member States on the basis of Article 23 of Decision 2005/166/EC on the ground that they 
had finally communicated all missing information.  

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Failure to link national registries with the EU-wide registry system 

Over  10,000  installations  that  are  participating  in  the  EU  emissions  trading  scheme  are  not 
given  emission  allowances  in  printed  form,  but  these  are  held  on  accounts  in  electronic 
registries  set  up  by  Member  States.  These  registries  are  linked  via  the  Community 
Independent Transaction Log so that companies can directly trade with each other. In order to 
link up to the registries system, each Member State must establish a national registry in the 
form  of  a  standardised  electronic  database  as  well  as  a  communication  link  in  compliance 
with  Regulation  (EC)  No  2216/2004  of  21  December  2004  for  a  standardised  and  secured 
system of registries151. In 2006, the Commission initiated several infringement procedures for 
the  failure  to  ensure  compliance  with  Articles  3  (1)  and  6  (1)  of  Regulation  (EC)  No 
2216/2004.  In  2007,  the  Commission  closed  the  remaining  cases  opened  under  this 
Regulation  on  the  ground  that  the  Member  States  concerned  had  now  set  up  compliant 
standardised electronic databases and the necessary communication link. 

6.2.6.2  Changes underway 

Climate  Change  legislation  is  an  evolving  part  of  EC  environmental  law.  The  Commission 
has  taken  many  climate-related  initiatives  since  1991,  when  it  issued  the  first  Community 
strategy  to  limit  carbon  dioxide  (CO2)  emissions  and  improve  energy  efficiency.  It  became 
clear  that  action  by  both  Member  States  and  the  European  Community  needed  to  be 
strenghtened if the EU is to succeed in cutting its greenhouse gas emissions to 8% below 1990 
levels by 2012, as required by the Kyoto Protocol. Decisions 280/2004/EC and 2005/166/EC 
make easier to gauge the EU’s progress towards meeting this target.  

IIn June 2000 the Commission launched the European Climate Change Programme (ECCP) 
as the Commission’s main instrument for discussing and preparing the further development of 
the  EU’s  climate  policy.  Under  the  first  ECCP,  an  extensive  range  of  policy  sectors  were 
examined and several instruments with potential for reducing greenhouse gas emissions were 
adopted.  One  of  the  most  important  and  innovative  initiatives  is  the  EU  Emissions  Trading 
Scheme,  under  Directive  2003/87/EC,  which  covers  carbon  dioxide  (CO2)  emissions  from 
some 10 500 installations in the energy and some industrial sectors. 

The second European Climate Change Programme (ECCP II) was launched in October 2005. 
It  has  several  working  groups  preparing  new  legislative  instruments  in  the  following  main 
fields:  ECCP  I  review  (transport,  energy  supply,  energy  demand,  non-  CO2  gases, 
agriculture), aviation, CO2 and cars, carbon capture and storage, adaptation and the EU ETS 
review. 

Examples of legislative proposals that are currently under adoption are: 

•  Revision  of  the  Emissions  Trading  Directive152:  The  main  objectives  are  (1)  full 
exploitation  of  the  potential  of  the  EU  ETS  to  contribute  to  the  EU’s  overall 

151 

152  

Commission  Regulation  (EC)  No  2216/2004  of  21  December  2004  for  a  standardised  and  secured 
system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council 
and Decision No 280/2004/EC of the European Parliament and of the Council 
Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC 
so as to improve and extend the greenhouse gas emission allowance trading system of the Community 
(COM (2008) 16). 

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greenhouse gas reduction commitments in an economically efficient manner; (2) 
Refinement  and  improvement  of  the  EU  ETS  in  the  light  of  experience;  and  (3) 
contribution to transforming Europe into a low greenhouse-gas-emitting economy 
and  creating  the  right  incentives  for  forward-looking  low  carbon  investment 
decisions by giving a clear, undistorted and long-term carbon price signal. 

•  Proposal to include aviation activities in the EU ETS153: This Directive provides 
for  aviation  to  be  brought  into  the  EU  ETS  so  as  to  limit  the  rapid  growth  in 
emissions of the sector. 

•  Proposal  on  the  geographical  storage  of  carbon  dioxide154:  This  Directive 
establishes  a  legal  framework  for  the  geological  storage  of  carbon  dioxide,  the 
purpose  being  permanent  containment  of  CO2  in  such  a  way  as  to  prevent  or 
minimise  negative  effects  on  the  environment  and  any  resulting  risk  to  human 
health. 

•  Proposal  to  limit  the  CO2  emissions  from  cars155:  This  Regulation  lays  down 
harmonised  rules  to  limit  the  average  CO2  emissions  from  new  cars  in  the 
Community.  It  thus  seeks  to  fight  climate  change,  reduce  fuel  costs  and  boost 
European competitiveness. 

6.2.6.3 Evaluation of the current position in terms of implementation 

Under  Decisions  280/2004/EC  and  2005/166/EC,  Member  States  must  provide  the 
Commission  with  annual  reports  on  their  actual  emissions  of  greenhouse  gases  and  twice-
yearly  reports  on  domestic  climate  change  policies  and  measures  and  emission  projections. 
The  Commission  has  been  rigorously  checking  whether  national  reports  were  submitted  on 
time  and  whether  they  were  correct  and  complete.  As  a  result  of  the  enforcement  action, 
reporting has steadily and significantly improved in terms of timing and content. As far as the 
Emissions  Trading  Directive  is  concerned,  following  Commission  enforcement  action,  all 
Member States have communicated their national implementing legislation.  

6.2.6.4. 

Further challenges in implementing Climate Change legislation 

•  Implementing the EU ETS. Launched in January 2005, the EU ETS is the world’s 
largest  company  level  ‘cap-and-trade’  system  for  trading  in  emissions  of  carbon 
dioxide  (CO2)  and  has  quickly  become  the  main  driving  force  behind  the 
expansion  of  the  emerging  global  carbon  market.  Putting  this  system  into  effect 
should  allow  the  EU  to  achieve  its  greenhouse  gas  emission  reduction  targets 
under the Kyoto Protocol in a particularly cost-effective way. 

153  

154  

155  

Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC 
so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within 
the Community (COM (2006) 818) 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  the  geological  storage  of 
carbon  dioxide  and  amending  Council  Directives  85/337/EEC,  96/61/EC,  Directives  2000/60/EC, 
2001/80/EC, 2004/35/EC, 2006/12/EC and Regulation (EC) No 1013/2006 (COM (2008) 18) 
Proposal for a Regulation of the European Parliament and of the Council setting emission performance 
standards  for  new  passenger  cars  as  part  of  the  Community's  integrated  approach  to  reduce  CO2 
emissions from light-duty vehicles (COM (2007) 856). 

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•  Ensuring  provision  of  climate-relevant  data.  Accurate,  up-to-date  information  is 
an  essential  basis  for  fighting  climate  change.  One  of  the  challenges  for  the 
Commission will therefore be to ensure that reporting of national greenhouse gas 
emissions improves still further, so that all Member States communicate complete 
reports  to  deadline  to  ensure  an  effective  follow-up  to  the  United  Nations 
Convention on Climate Change and the Kyoto Protocol 

6.2.6.5 Prioritisation of Commission’s legal enforcement work 

The  Commission  has  assessed  the  national  allocation  plans  (NAPs)  of  all  the  27  Member 
States  for  the  second  trading  period  (2008-2012)  of  the  EU  ETS  and  has  adopted  decisions 
based  on  the  Emissions  Trading  Directive.    It  is  currently  checking  to  see  whether  the  way 
Member  States  implement  their  NAPs,  i.e.  how  they  allocate  the  accepted  total  quantity  of 
allowances to individual installations, is in conformity with its decisions.  

Having  secured  the  transposition  of  the  Emissions  Trading  Directive,  the  Commission  will 
now  focus  on  assessing  the  correctness  and  completeness  of  the  national  implementing 
legislation in the Member States. Priority will be attached to the pursuit, through infringement 
proceedings if necessary, of any shortcomings likely to affect the attainment of the legislative 
objectives.  

In the coming years, the Commission will continue to pursue legal enforcement action against 
Member States that fail to comply with their reporting obligations under the climate change 
legislation, including in relation to reporting and monitoring the Community’s greenhouse gas 
emissions and implementing the Kyoto Protocol.  

For the new directives, the Commission will draw up implementation action plans. This will 
involve forward planning of work to encourage correct and timely transposition. 

6.2.7    

Industrial Installations  

6.2.7.1 Current position 

The most important piece of legislation relating to industrial emissions is Directive 96/61/EC 
concerning  integrated  pollution  prevention  and  control  (the  IPPC  Directive),  which  was 
codified  by  Directive  2008/1/EC156.  It  sets  out  common  permit  rules  for  industrial 
installations. Operators of installations covered by the IPPC Directive are required to obtain 
an authorisation (environmental permit) from the authorities of the Member States. The Large 
Combustion  Plant  (or  LCP)  Directive157  aims  to  reduce  emissions  of.  sulphur  dioxide, 
nitrogen oxides and dust from large combustion plants – i.e. plants whose rated thermal input 
is  equal  to  or  greater  than  50  MW.,  The  control  of  emissions  from  such  plants  plays  an 
important role in the Community’s efforts to combat acidification, eutrophication and ground-
level ozone as part of the overall strategy to reduce air pollution. Further important legislation 

156  
157 

OJ L 24, 29.01.2008, p. 8-29. 
Directive  2001/80/EC  on  the  limitation  of  emissions  of  certain  pollutants  into  the  air  from  large 
combustion plants OJ L 309, 27.11.2001, p. 1–21 

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relating to industrial emissions includes the Waste Incineration Directive158 and the Solvents 
Directive159.  

The  Seveso  II  or  Major  Accident  Hazard  Directive160  applies  to  establishments  in  which 
certain  dangerous  substances  are  present  in  sufficiently  large  quantities  to  create  a  major 
accident  hazard.  It  contains  obligations  on  both  operators  and  Member  State  authorities  to 
take  measures  aimed  at  preventing  major  accidents  and  limiting  their  consequences.  One  of 
the  key  requirements  is  that  emergency  plans  must  be  drawn  up  for  areas  surrounding  so-
called “upper tier“ establishments in order to properly protect the public should an emergency 
arise. 

Work in 2007 

Follow-up work concerning permit procedures for existing IPPC installations 

Under    the  IPPC  Directive,  existing  IPPC  installations  had  to  obtain  permits  in  accordance 
with the requirements set in that directive by 30 October 2007 at the latest. After the expiry of 
this  deadline,  the  Commission  requested  that  all  Member  States  provide  information  on  the 
number  of  permits  issued  for  existing  IPPC  installations  and  the  number  of  outstanding 
permits in order to obtain an updated picture of the situation and decide the kind of actions to 
be  taken.  The  replies  that  were  received  showed  that  around  10.000  installations  across  the 
EU were not yet permitted in accordance with the Directive.  

Follow-up work concerning the LCP Directive 

Under  the  LCP  Directive  Member  States  had  to  submit  the  summary  of  their  emission 
inventories for the years 2004, 2005 and 2006 to the Commission by 31 December 2007 at the 
latest.  In  October  2007,  the  Commission  reminded  all  Member  States  to  this  obligation  and 
requested  Member  States  to  submit  also  plant-by-plant  emission  data.  The  summary  of 
emission  inventories  and  the  plant-by-plant  data  are  essential  pieces  of  information  for  the 
Commission  in  order  to  assess  the  actual  implementation  of  the  Directive  and  to  prepare  a 
summary of the comparison and evaluation of the national inventories within the timeframe 
set in the Directive.  

Infringements concerning the Ozone Regulation161 

The Ozone Regulation sets out controls on production, importation, exportation, supply, use 
leakage, recovery and lays down the phasing-out in line with the definitions of the Montreal 
Protocol.  Over  the  course  of  the  last  few  years,  the  Commission  has  opened  a  number  of 
infringement  procedures  based  on  different  provisions  of  the  Regulation.  In  2007,  the 

158 

159 

160 

161  

Directive  2000/76/EC  of  the  European  Parliament  and  of  the  Council  of  4  December  2000  on  the 
incineration of waste(OJ L 332, 28.12.2000, p. 91–111). 
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 (OJ L 85, 29.3.1999, 
p. 1). 
Council  Directive  96/82/EC on  the  control of  major-accident  hazards  involving dangerous  substances 
OJ L 10, 14.1.1997, p. 13–33. 
Regulation  (EC)  No  2037/2000  of  the  European  Parliament  and  of  the  Council  on  substances  that 
deplete the ozone layer (OJ L 244, 29.9.2000, p. 1–24.). 

EN 

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Commission launched further procedures against five Member States with regard to the non-
decommissioning of the halons used in  the fire extinguishers of ships. 

Non-conform transposition of the SEVESO II Directive  

In 2007, the Commission checked the conformity of legislation for EU-10 Member States and 
launched a  infringement procedures against nine Member States. 

External Emergency Plans 

The  Commission  continued  infringement  proceedings  against  12  Member  States  over  the 
failure to adopt emergency plans for chemical plants required under the SEVESO II Directive 

Judgments of the Court of Justice in 2007 

The Court delivered a ruling concerning Council Directive 96/61/EC of 24 September 1996 
concerning  integrated  pollution  prevention  and  control  (Case  C-263/07,  Commission  v 
Luxembourg) concerning the non-transposition of some provisions of this Directive. 

6.2.7.2  Changes underway 

Some  EC  environmental  legislation  in  this  domain  has  been  subject  to  an  important  review 
recently.  This  development  is  marked  by  the  proposal  for  a  Directive  on  industrial 
emissions162  that  the  Commission  adopted  in  December  2007.  It  aims  at  simplifying  the 
existing legal framework in the field of industrial emissions. The proposal was adopted in the 
form  of  a  recast  of  seven  existing  directives  in  the  field  (the  IPPC  Directive,  the  LCP 
Directive,  the  Waste  Incineration  Directive,  the  Solvents  Directive  and  three  directives  in 
relation  to  titanium  dioxide  78/176/EEC163,  82/883/EEC164  and  92/112/EEC165).  The    result 
was  a  single  text  combining,  the  substantive  amendments  to  the  directives  and  the  original 
provisions  which  remain  unchanged.  The  recast  technique  enables  existing  provisions  to  be 
simplified  and  streamlined:  redundant  provisions  and  unnecessary  obligations  can  be 
repealed,  while  reporting  and  monitoring  requirements  are  simplified.  This  should  help 
Member Statesto reduce unnecessary administrative burdens. 

A  review  of  the  Seveso  II  Directive,  the  provisions  of  which  have  remained  essentially 
unchanged for over 10 years, is underway. 

162  
163  

164  

165  

COM(2007)844 

Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry (OJ L 
54, 25.2.1978, p. 19). 

Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring 
of environments concerned by waste from the titanium dioxide industry (OJ L378, 31.12.1982, p. 1). 

Council  Directive 92/112/EEC  of 15  December  1992 on procedures for  harmonising  the programmes 
for  the  reduction  and  eventual  elimination  of  pollution  caused  by  waste  from  the  titanium  dioxide 
industry (OJ L 409, 31.12.1992, p. 11) 

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6.2.7.3 Evaluation of the current position in terms of implementation 

The  IPPC  Directive  requires  some  52  000  existing  industrial  installations  to  operate  by  30 
October 2007 at the latest according to a permitissued in accordance with the IPPC Directive.. 
The  Commission  has  drawn  the  attention  of  the  Member  States  to  this  deadline  on  several 
occasions. However, there are indications that, for about 10 000 installations, the deadline for 
issuing  the  permits  was  missed.  The  Commission  has  subsequently  launched  infringement 
procedures against the Member States with the highest number of missing permits.  

The Commission has developed an action plan for implementation of the existing legislation 
on  industrial  emissions  that  formed  part  of  the  Commission’s  Communication  'Towards  an 
improved policy on industrial emissions'166. This set out key actions over the timeframe 2008-
2010. The details of each action are set out within the Communication itself. The Commission 
will produce regular reports on the implementation of the action plan and will review the plan 
by  the  end  of  2010,  assessing  how  it  fits  in  with  the  Commission's  proposal  on  the  new 
Directive on industrial emissions. 

6.2.7.4. 

Further challenges in implementing industrial installations legislation 

•  Lack of permits for existing industrial installations. The Commission started to 
analyse how effectively Member States have implemented the requirements of 
the  IPPC  Directive  by  reference  to  installation  specific  case  studies,  in 
particular  those  related  to  the  permits;  and  to  identify  where  problems  in 
implementation may have arisen.  

•  Achieving uniform interpretation and implementation of BAT and BREFs. The 
IPPC  Directive  does  not  set  standards  or  thresholds  for  the  prevention  and 
control  of  emissions,  or  for  other  environmental  aspects,  but  leaves  this 
responsibility  to  the  Member  States.  Member  States  must  ensure  that  IPPC 
permits  include  emission  limit  values  based  on  Best  Available  Techniques 
(BAT). In determining what constitutes BAT, the competent authorities have to 
take  into  account  the  reference  documents  on  BAT  (BREFs).  BREFs  are 
adopted  by  the  European  Commission  based  on  an  exchange  of  technical 
information between experts from industry, Member State authorities, research 
institutes and NGOs167
. It is particularly challenging to ensure that BREFs are 
interpreted and implemented uniformly in all Member States. 

•  Controlling  major  specific  sources  of  air  pollutants.  Compliance  with 
legislation  aimed  at  limiting  air  pollutant  emissions  from  specific  sources,  as 
for  instance  the  Large  Combustion  Plants,  the  Waste  Incineration  and  the 
National Emissions Ceiling Directives168, will also be essential. 

•  Lack  of  emergency  plans  for  Seveso  “upper  tier“  installations.  Plans  are 
required  for  about  8  000  installations  in  all.  They  should  have  been  in  place 

166  
167  

168  

COM(2007) 843 final. 
This  exchange  is  coordinated  by  the  IPPC  Bureau  in  Seville  (http://eippcb.jrc.es/),  which  sets  up  a 
technical working group for each BREF. 
Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for 
certain atmospheric pollutants,  (OJ L 309, 27.11.2001, p. 22–30). 

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since  2002  for  the  EU-15  Member  States  and  2004  for  the  EU-10,  but  a 
considerable  number  of  installations  in  many  Member  States  are  still  not 
covered. The Commission launched a "horizontal" legal action in 2007, that is 
a similar legal action against all Member States lacking emergency plans. 

6.2.7.5. 

Prioritisation of Commission’s legal enforcement work 

The  Commission  will  continue  to  pursue  the  infringement  procedures  launched  against 
Member  States  with  the  highest  number  of  missing  IPPC  permits.  Legal  actions  are  also 
envisaged against Member States with fewer missing permits if no progress is forthcoming. 

The Commission will also take action against systematic breaches of the IPPC Directive, and 
will  ensure  that  Member  States  fulfil  their  reporting  obligations.  Legal  enforcement  action 
over lack of provision of relevant data by certain Member States has already been launched 
recently under the LCP Directive.  

With  regard  to  guidance  concerning  the  Commission’s  proposal  on  industrial  emissions  , 
work  is  likely  to  be  undertaken  after  2010  in  the  context  of  the  new  Committee  suggested 
within  the  proposal.  The  Commission  has  already  begun  preparations  in  this  respect  with  a 
proposal  to  amend  the  remit  of  the  existing  IPPC  Experts  Group  (IEG)  to  consider  wider 
industrial  emissions  legislation  in  the  future  under  the  title  of  Industrial  Emissions  Experts 
Group  (IEEG).  Transposition  of  the  resulting  directive  will  be  confirmed,  and  the 
Commission  will  offer  support  to  Member  States  in  such  transposition.  The  exact  form  of 
such support has not been determined at this early stage in proceedings, although as indicated 
above, it is likely that the measures that presently exist in the Commission’s Action Plan for 
implementation  of 
the 
implementation of the proposal. 

industrial  emissions  will  continue 

legislation  on 

into 

the 

The  Commission  will  continue  to  press  for  external  emergency  plans  under  the  Seveso  II 
Directive. 

6.2.8    

Chemicals, Pesticides, Biocides and Biotechnology 

6.2.8.1  Current position 

The  REACH  Regulation  (1907/2006)169,  which  entered  into  force  on  1  June  2007,  is  the 
cornerstone of the EU’s new chemicals legislation. REACH, which is considerably more far-
reaching  than  previous  legislation,  deals  with  the  registration,  evaluation,  authorisation  and 
restriction of chemicals. Registration means the process by which information on the safety of 
chemicals, will need to be submitted for registration in a central database, managed by ECHA. 
Evaluation  includes  a  quality  check  of  the  registration  dossiers  and  examination  of  testing 
proposals  and  is  done  by  ECHA;  it  also  includes  a  more  thorough  examination  of  specific 
substances,  where  Member  States  play  an  important  role.  Substances  of  very  high  concern 
will require authorisation for use and before being placed on the market. There is a procedure 

169  

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning  the  Registration,  Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH), 
establishing  a  European  Chemicals  Agency,  amending  Directive  1999/45/EC  and  repealing  Council 
Regulation  (EEC)  No.  793/93  and  Commission  Regulation  (EC)  No    1488/94  as  well  as  Council 
Directive  76/769/EEC  and  Commission  Directives  91/155/EEC,  93/67/EEC,  93/105/EC  and 
2000/21/EC. 

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for the regulation of Community-wide conditions for the manufacture, placing on the market 
or use of certain substances where there is an unacceptable risk to health or the environment. 

Separate legislation currently continues to govern the classification, packaging and labelling 
of dangerous substances and preparations. The main provisions in this regard are contained in 
Directive  67/548/EEC170  (for  substances)  and  Directive  1999/45/EC171  (for  preparations). 
Directive  76/769/EEC,  which  concerns  restrictions  on  the  marketing  and  use  of  certain 
dangerous substances, will remain in force until 1 June 2009, when it will be repealed by the 
REACH  Regulation.  Two  other  pieces  of  legislation  should  be  mentioned  here.  First, 
persistent  organic  pollutants  (“POPs“)  are  governed  by  Regulation  850/2004.  Second,  basic 
provisions concerning the protection of laboratory animals used in experiments are contained 
in Directive 86/609/EEC. 

Directive 98/8/EC of the European Parliament and of the Council concerning the placing of 
biocidal  products  on  the  market172  (the  Biocides  Directive)  concerns  the  authorisation  and 
placing  on  the  market  of  biocidal  products  in  the  Member  States  and  the  establishment  at 
Community  level  of  a  list  of  active  substances  which  may  be  used  in  biocidal  products. 
Council  Directive  90/219/EEC173  lays  down  common  measures  for  the  contained  use  of 
genetically  modified  micro-organisms  for  the  purpose  of  protecting  human  health  and  the 
environment.  Directive  2001/18/EC  of  the  European  Parliament  and  of  the  Council  on  the 
deliberate  release  into  the  environment  of  genetically  modified  organisms  and  repealing 
Council Directive 90/220/EEC174 establishes a common methodology for risk assessment and 
a safety mechanism. It also introduces mandatory public consultation and GMO labelling.  

Work in 2007 

Main infringements in 2007 

Non-conformity with the Directive on Contained Use of genetically modified micro-organisms  

A horizontal case dealing with non-conform transposition of Directive on Contained Use of 
genetically  modified  micro-organisms175  was  opened  in  2007.  This  Directive  lays  down 
common measures for the contained use of genetically modified micro-organisms with a view 
to protecting human health and the environment. In 2007,  first warning letters were sent to 
twelve Member States. 

6.2.8.2  Changes underway 

This  sector  of  EC  environmental  law  is  characterised  by  substantial  new  developments,  in 
particular in the chemicals and pesticides sectors.  

•  Firstly,  REACH  entered  into  force  on  1  June  2007.  This  included  the 
establishment of the European Chemicals Agency (ECHA) and the preparation of 

170 
171 
172  
173  
174  
175 

OJ L 196, 16.08.1967, p. 1. 
OJ L 200, 30.07.1999, p. 1. 
OJ L 123, 24.4.1998, p. 1–63. 
OJ L 117, 8.5.1990, p. 1–14. 
OJ L 106, 17.4.2001, p. 1–39. 
Council  Directive  90/219/EEC  of  23  April  1990  on  the  contained  use  of  genetically  modified  micro-
organisms as amended by Council Directive 98/81/EC 

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IT-systems to hold the new database. Registration of chemicals manufactured or 
imported  in  quantities  of  1  tonne  or  more  per  year  started  on  1  June  2008. 
Between 1 June and 1 December 2008 manufacturers will have the possibility to 
pre-register  their  phase-in  substances.  Pre-registration,  as  its  name  suggests, 
precedes full registration and provides for extended deadlines. Depending on the 
volumes and the hazardous properties of substances, these extended deadlines are 
2010, 2013 or 2018. If a company fails to pre-register, from 1 December 2008 it 
can no longer place its phase-in substances on the market until it has completed 
registration.  

•  Furthermore,  the  Commission’s  Proposal  for  a  new  Regulation  dealing  with  the 
classification,  labelling  and  packaging  of  substances  and  mixtures176  has  almost 
completed the legislative procedure for adoption by the European Parliament and 
the  Council.  This  new  proposal  incorporates  the  UN  GHS  (United  Nations 
Globally  Harmonised  System)  into  Community  law  and  replaces,  to  a  large 
extent, the existing legislation on classification, labelling and packaging. 

•  Secondly,  as  regards  pesticides,  the  Commission  adopted  in  June  2006  the 
Thematic Strategy on the Sustainable Use of Pesticides together with a proposal 
for a Framework Directive on the sustainable use of pesticides177 and a proposal 
for a Regulation on the placing of plant protection products on the market revising 
Directive  91/414/EEC.  The  aim  of  the  Thematic  Strategy  is  to  fill  the  current 
legislative  gap  regarding  the  use-phase  of  pesticides178  at  EU  level  by  setting 
minimum rules for the use of pesticides in the Community, so as to reduce risks to 
human health and the environment from the use of pesticides. For the time being, 
the Commission has proposed to restrict the scope of the Framework Directive to 
plant  protection  products.  The  intention  is,  however,  to  include  biocides  in  the 
scope as soon as possible.  

6.2.8.3 Evaluation of the current position in terms of implementation 

As the REACH Regulation entered into force on 1 June 2007 and its main obligations started 
applying on 1 June 2008, there is not yet sufficient information concerning its implementation 
in Member States. In order to ensure compliance, Member States should put in place effective 
monitoring and control measures. Every five years Member States must submit a report to the 
Commission  on  the  operation  of  the  Regulation  in  their  respective  territories,  including 
sections on evaluation and enforcement. Penalties for non-compliance must be notified to the 
Commission by 1 December 2008. 

The  Biocides  Directive  stipulates  that  Member  States  have  to  take  the  necessary  steps  to 
monitor their market and make sure it complies with the requirements of the Directive. The 
first reporting covering the period of May 2000 to November 2003 provided a lot  of useful 
information and revealed a few points of concern. The second composite report prepared by 
the Commission in April 2008, covering the period December 2003 to November 2006, has 

176 
177  

178  

COM (2007) 0611. 
Proposal for  a  Directive  of  the  European  Parliament  and of  the  Council  establishing  a  framework  for 
Community action to achieve a sustainable use of pesticides (COM (2006) 373). 
The  current  legislative  framework  mainly  concentrates on  the  beginning  and  the  end of  life  stages  of 
pesticides. 

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found  that  Member  States  have  made  a  significant  progress  to  implement  and  enforce  the 
directive’s  provisions  by  taking  the  appropriate  measures.  In  this  regard,  mention  must  be 
made  of  the  number  of  guidance  document  prepared  by  the  Commission  to  help  ensuring 
effective implementation of the Biocides Directive.  

Concerning the Biotechnology sector, studies obtained by the Commission revealed a number 
of  shortcomings  in  the  national  implementing  legislation  for  Directive  90/219/EEC  as 
amended  by  Directive  98/81/EC  (contained  use  of  GMOs)  in  several  Member  States.  Since 
the  completeness  and  correctness  of  implementing  legislation  within  the  Member  States  are 
important  determinants  of  good  implementation  in  practice,  the  Commission  has  launched 
legal  enforcement  action  against  several  (mainly  EU-15)  Member  States  that  have  not 
properly transposed this directive.  

6.2.8.4 Further challenges in implementing legislation relating to the Chemicals and Biocides 
sector 

•  Effective implementation of REACH. The Chemicals Agency will play a key role 
in the effective implementation of REACH. It will coordinate, over a period of 11 
years,  the  registration  of  some  30  000  chemical  substances  in  use  today.  To 
exchange information on enforcement, the Forum for Exchange of Information on 
Enforcement, composed of members nominated by the Member States, was set up 
within  ECHA.  The  Forum  coordinates  a  network  of  Member  State  authorities 
responsible for enforcement of the Regulation. Its main tasks include: proposing, 
coordinating  and  evaluating  harmonised  enforcement  projects  and 
joint 
inspections; identifying enforcement strategies and, best practice in enforcement; 
and examining proposals for restrictions with a view to advising on enforceability.  

•  Delays  in  transposition  of  a  large  number  of  directives.  The  Biocides  Directive 
provides for the evaluation and inclusion in a Community positive list (its Annex 
I,  IA  or  IB)  of  active  substances  used  in  biocidal  products  that  are  found 
acceptable for a specific use (product-type) from the point of view of health and 
the environment. Member States that did not make a dynamic reference to Annex 
I, IA or IB to the Biocides Directive have to transpose the directives amending its 
annexes by adding the newly approved active substances. This takes a lot of time, 
in  particular  considering  that  there  are  hundreds  of  active  substances  currently 
scheduled  for  evaluation.  The  planned  change  of  the  Biocides  Directive  into  a 
Regulation  should  solve  this  problem  as  a  transposition  will  no  longer  be 
necessary– though it should not be forgotten that Member States may also need to 
take  legislative  action  in  this  event,  for  example  repeal  existing  incompatible 
national legislation..  

6.2.8.5. 

Prioritisation of Commission's legal enforcement work 

Legal  enforcement  action  in  these  fields  does  not  constitute  a  significant  workload  for  the 
Commission.  In  the  coming  years,  the  main  priorities  in  terms  of  enforcement  work  can  be 
summarised as follows: 

The  Commission  will  continue  to  work  to  enhance  good  cooperation,  coordination  and 
exchange  of  information  with  the  Member  States  and  the  European  Chemicals  Agency 
regarding enforcement so that the system established by the REACH Regulation can operate 

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effectively. The Commission will work closely with the Forum for Exchange of Information 
on Enforcement in this regard. 

The  Commission  will  continue  to  pursue  infringement  procedures  concerning  the  non-
communication  of  the  national  implementing  measures  of  recently  adopted  directives  that 
update the relevant Annexes to the Biocides Directive.  

Work will also be done on securing that the Directive on contained use of GMOs is correctly 
transposed in all Member States. To this end, the Commission will extend its legal action to 
cover all Member States that have failed to properly transpose this Directive.  

After  the  adoption  of  the  new  framework  directive  on  the  sustainable  use  of  pesticides,  the 
Commission  will  carefully  monitor  its  transposition  into  the  Member  States’  national 
legislation on the basis of a risk-based implementation action plan. This will involve forward 
planning of work to encourage correct and timely transposition. 

6.2.9 

 Governance and Environmental Liability 

6.2.9.1  Current position 

to 

the  public  upon  request  and  actively  disseminated 

Directive  2003/4/EC  of  the  European  Parliament  and  of  the  Council  on  public  access  to 
environmental  information  and  repealing  Council  Directive  90/313/EEC179  (Access  to 
Environmental  Information  Directive)  aims  to  ensure  that  environmental  information  is 
available 
through  computer 
telecommunication  or  electronic  technology.  Directive  2004/35/EC  of  the  European 
Parliament  and  of  the  Council  on  environmental  liability  with  regard  to  the  prevention  and 
remedying  of  environmental  damage  (Environmental  Liability  Directive)180  establishes  a 
framework for environmental liability based on the "polluter pays" principle, with a view to 
preventing and remedying environmental damage. 

Work in 2007 

Main infringements in 2007 

Transposition of the Environmental Liability Directive 

The  Environmental  Liability  Directive  was  to  be  transposed  by  30  April  2007  at  the  latest. 
However, only four Member States had notified complete transposition by this transposition 
deadline.  Consequently,  the  Commission  opened  infringement  procedures  in  June  2007 
against those Member States which had failed to transpose the Directive on time.  

179  
180  

OJ L 41, 14.2.2003, p. 26–32 
OJ L 143, 30.4.2004, p. 56–75 

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6.2.9.2 Changes underway 

The  Access  to  Environmental  Information  Directive  and  the  Environmental  Liability 
Directive are both recent instruments. The former was adopted in order to fully comply with 
the  Aarhus  Convention.  While  modifications  cannot  be  excluded  in  the  future,  there  are  no 
current plans to change them. 

6.2.9.3 Evaluation of the current position in terms of implementation 

The  Commission  has  pursued  the  failure  to  transpose  the  Access  to  Environmental 
Information  Directive,  obtaining  two  ECJ  rulings  in  2007  (Case  C-391/06,  Commission  v 
Ireland, decision of 3 May 2007 and Case C-340/06, Commission v Austria, decision of 5 July 
2007). 

By  the  end  of  2007,  a  total  of  eleven  Member  States  had  notified  complete  transposing 
measures:  Italy,  Lithuania,  Latvia,  Hungary,  Germany,  Romania,  Slovakia,  Sweden,  Spain, 
Estonia and Cyprus. 

6.2.9.4. 

Further challenges in implementing legislation 

Commission  efforts  need  to  continue  to  ensure  that  the  Environmental  Liability  Directive 
(ELD) is fully and correctly transposed. Apart from the application of the significance criteria 
(Annex  I)  and  the  application  of  the  appropriate  measures  to  ensure  the  remedying  of 
environmental damage ('primary', 'complementary' and 'compensatory' remediation according 
to  Annex  II),  the  proper  functioning  of  financial  security  instruments  will  be  significant  for 
successful  implementation  of  the  ELD  in  the  Member  States.  Based  on  various  information 
sources (studies commissioned by the Commission, information drawn from national experts 
as  well  as  from  stakeholders  such  as  the  financial  sector,  industry  and  NGOs  etc.),  the 
Commission  will  have  to  present  a  report  before  30  April  2010  on  the  effectiveness  of  the 
ELD  in  terms  of  actual  remediation  of  environmental  damages  and  on  the  availability  at 
reasonable costs and on conditions of insurance and other types of financial security fort the 
activities covered by the scope of strict liability of the ELD. 

6.2.9.5 Prioritisation of Commission's legal enforcement work 

The Commission will continue its efforts to ensure that the Environmental Liability Directive 
is correctly transposed in all Member States.  

Implementation of Communication 2002 on Better Monitoring the Application of 

6.3.1 
Community Law  

Despite  being  a  very  powerful  tool  to  address  implementation  problems,  infringement 
proceedings pursuant to Articles 226 and 228 of the Treaty are not the only way to improve 
Member  States’  compliance  with  EC  environmental  law.  In  order  to  ensure  an  effective 
implementation, the Commission is making use of a wide range of non-legal instruments and 
initiatives  aimed  at  promoting  better  implementation  and  at  identifying  and  addressing 
potential problems as early as possible. This is in line with the 2002 Communication of the 
Commission on better monitoring of the application of Community law181. 

181 

COM(2002) 725 final, 13.12.2002 

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Better implementation is also promoted through contacts with Member States in expert groups 
and  committees  to  discuss  implementation  issues.  In  2007,  seven  package  meetings  were 
organised  between  the  Commission  and  Member  States;  in  addition,  numerous  ad-hoc 
meetings,  workshops  and  seminars  with  the  participation  of  national,  regional  and  local 
authorities  took  place  with  a  common  aim  of  improving  better  implementation.  The 
Commission  also  gave  technical  advice  to  Member  States  prior  to  transposition  of  some 
directives in order to address implementation problems at an early stage. The cooperation on 
the implementation of the Directive on Environmental liability, where an informal network of 
national liability experts was set up, may serve as an example here. 

6.3.1.1  

Existing networks promoting better implementation of EU environmental law 

Implementation of Environmental Law (IMPEL) 

Information  exchange  between  implementing  authorities  through  the  establishment  of 
informal  implementation  networks  is  also  a  tool  for  improving  implementation.  Since  its 
inception  in  1992,  the  informal  EU  network  for  the  Implementation  of  Environmental  Law 
(IMPEL),  consisting  of  European 
the 
implementation  and  enforcement  of  environmental  law,  has  been  a  key  instrument  in 
discussing  the  practical  application  and  enforcement  of  existing  legislation.  In  accordance 
with the Sixth Environmental Action Programme, the core of IMPEL's activities concerns the 
exchange of information and experience on implementation and enforcement of existing EU 
environmental  legislation  and  the  development  of  common  views  on  the  coherence  and 
practicality of this legislation. 

inspectors  concerned  with 

regulators  and 

IMPEL's  work  programme  for  2007  included  a  variety  of  project  activities  amongst  which 
were the European Enforcement action on waste shipment, the IMPEL Review Initiative (IRI) 
in Scotland and Norway, End of Life Vehicles for Export, Incidental release from industrial 
installations,  Practical  aspects  of  EU  Emission  trading  scheme,  Comparison  programme  for 
landfill  inspection  and  monitoring,  comparison  of  methodologies  used  for  fine  estimation. 
IMPEL was also called to participate in the review of the IPPC Directive. Towards the end of 
the  year  new  projects  such  as  the  comparison  of  ENV  Tariffs  and  INSPEC-CEM  had  their 
kick-off meetings. The projects aimed at improving the quality of implementation of existing 
issues  and 
EU 
enforcement aspects; including monitoring and permitting processes. 

in-depth  discussions  on  environmental 

legislation 

training, 

through 

The European Commission led some of the projects in 2007, particularly in the context of the 
review  of  the  Recommendation  on  the  Minimum  Criteria  of  the  Environmental  Inspection 
(RMCEI)  and  IPPC;  this  went  some  way  to  address  overall  Strategic  Goals  set  in  its  new 
Multi Annual Work Programme 2007-2010 (adopted in Espoo, Finland in 2006). One of the 
goals  was  the  specific  development  of  a  common  basis  for  the  better  performance  of 
environmental  inspection  tasks  within  the  Member  States  and  even  further  to  improve  the 
quality  of  the  environmental  inspection  mechanism  through  networking  at  Community  and 
MS level. 

It  is  envisaged  that  all  the  resulting  experience  will  enable  IMPEL,  in  future,  to  play  an 
important  role  at  different  stages  of  the  regulatory  chain  by  providing  advice  on  general 
question related to implementation and enforcement. 

GreenEnforce Network  

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GreenEnforce  Network  is  a  voluntary  informal  European  Union  network  of  practitioners 
focused  on  the  implementation  of  EU  provisions  in  the  field  of  nature  and  forestry.  The 
Network  has  been  established  as  an  informal  forum  where  representatives  can  share 
information  and  experience,  discuss  problems  and  offer  each  other  practical  advice.  The 
Network’s main objective is to create the necessary impetus in the European Union to make 
progress  on  ensuring  a  more  effective  application  of  environmental  legislation.  It  promotes 
the  exchange  of  information  and  experience  and  the  development  of  environmental 
legislation,  with  special  emphasis  on  Community  environmental  acquis.  It  provides  the 
competent  authorities  (such  as  environmental  inspectors  and  enforcement  officers)  with  a 
framework within which to exchange ideas and encourages the development of enforcement 
structures and best practices and aims to support better co-operation between the “nature” and 
“forestry”  part  of  inspections.  The  creation  of  this  Network  builds  on  the  idea  that 
implementation  in  the  field  of  nature  and  forestry  has  not  achieved  the  same  level  of 
harmonisation in the EU Member States as environmental inspection in other fields.  

In 2007, the Network hosted two experts meetings, hold in June ( Madrid - Implementation of 
Forest Management Plans on Natura 2000 sites) and in September ( Netherlands - Achieving 
conservation  objectives  on  designated  sites  with 
involvement  of 
stakeholders). The 2 reports have been endorsed by the Plenary session, which took place in 
December and which fixed the specific objectives of the 2 experts meetings for 2008.  

the  support  and 

European Forum of Judges for the Environment 

Created in 2003, the European Forum of Judges for the Environment (EFJE) aims to promote 
the  implementation  and  enforcement  of  national,  European  and  international  environmental 
law.  The  objectives  of  the  Forum  are  to  share  experience  on  judicial  training  and  on 
environmental  case  law  and  to  contribute  to  the  better  implementation  and  enforcement  of 
international, European and national environmental law.  

In  2007,  the  Commission  pursued  its  support  to  this  Forum,  in  particular  through  its 
participation  to  the  Annual  Conference  of  the  EFJE  (Luxemburg,  Dec.  2007)  addressing 
criminal enforcement of environmental legislation; it presented the Commission's proposal for 
a directive on the protection of the environment through criminal law.  

6.3.1.2   

Better Regulation 

Of  all  the  simplification  initiatives  scheduled  for  adoption  in  2007  in  the  context  of  the 
Simplification  Rolling  Programme,  62%  of  the  programme  has  been  delivered  by  the 
Commission.  In  that  context,  after  a  two  year  review  process  including  comprehensive 
consultation of stakeholders, the Commission adopted on 21 December 2007 a proposal for a 
Directive on industrial emissions, COM (2007)844, as the most important contribution to the 
Simplification Rolling Programme in that year in the environmental law sector. This proposal 
was adopted in the form of a recast of altogether seven existing directives in that field (IPPC 
Directive  96/61/EC,  LCP  Directive  2001/80/EC,  Waste  Incineration  Directive  2000/76/EC, 
VOC Solvents Directive 1999/13/EC, and the three directives in relation to titanium dioxide 
78/176/EEC, 82/883/EEC and 92/112/EEC). 

The  use  of  the  recasting  technique  made  it  possible  to  combine  in  a  single  text  both,  the 
substantive  amendments  proposed  to  the  directives  and  those  of  their  original  provisions 
which  remain  unchanged.  The  recast  allows  simplifying  and  streamlining  of  existing 

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provisions. Redundant provisions and unnecessary obligations are going to be repealed, while 
reporting  and  monitoring  requirements  will  be  simplified  by  a  move  towards  electronic 
reporting.  This  should  assist  Member  States'  actions  to  reduce  unnecessary  administrative 
burdens. 

Work  aiming  at  simplifying  Community  legislation  progressed  also  in  other  areas  of 
environmental  policy  in  2007,  to  mention  only  further  work  on  the  Shared  Environmental 
Information  System  (SEIS),  on  the  revision  of  the  EMAS  and  of  the  Eco-Label  schemes 
(Regulations  761/2001  and  1980/2000),  and  on  the  revision  of  the  RoHS-  and  WEEE-
Directives 2002/95 and 2002/96.  

6.3.1.3.  

Petitions and Complaints 

Petitions to the European Parliament and complaints to the Commission represent a valuable 
source  of  information  in  detecting  violations  of  Community  law.  This  is  of  particular 
importance  since  the  Commission  does  not  have  any  “inspection”  powers.  Facts  brought  to 
the  attention  of  the  Commission  through  both  petitions  and  complaints  allow  it  to  verify 
compliance on the ground. After examination of those facts and, in most cases, after checking 
with  the  authorities  concerned,  the  Commission  verifies  whether  the  Member  States  have 
correctly  applied  European  Community  Law.  Sometimes,  the  Commission's  intervention 
helps  to  resolve  potential  infringements  before  they  occur.  However,  some  of  these 
complaints and petitions lead to the opening of an infringement procedure. 

This  preventive  role,  in  terms  of  the  Commission's  handling  of  complaints  and  petitions, 
provides fruitful results and helps to ensure better implementation. However, it is particularly 
important that the petitioners/complainants provide a clear identification of potential breaches 
of community law, with supporting data, in order to facilitate the handling of files. In 2007 the 
Commission  received  146  petitions  related  to  the  field  of  environment  which  is  around  one 
third  of  the  petitions  sent  by  the  European  Parliament  to  the  Secretariat  General  of  the 
Commission and up from 25 % in 2006. 

6.3.1.4. 

Implementation sessions with the European Parliament 

The implementation session are organised by the Committee on Environment, Public Health 
and  Food  Safety  of  the  European  Parliament.  Four  sessions  were  organised  in  2007.  The 
issues  that  were  mainly  dealt  with  were  nature  and  water  protection,  waste,  and  climate 
change. 

The  last  session  held  in  November  2007  introduced  a  new  format  for  the  implementation 
session. The new format aims to concentrating the questions on one environmental directive 
at the time and in that way make the session more informative and ensure a possibility for a 
dialogue between the Commission and the Parliament on these issues. The new format for the 
session includes a technical presentation of the Directive and the challenges in implementing 
it, a presentation of the infringement procedures that the Commission has started for ensuring 
correct implementation as well as replies to the questions asked followed by a discussion. The 
first directive dealt with in the new format was the Urban Waste Water  Treatment Directive. 

6.3.1.5  

Role of Non-Governmental Organisations 

An  important  role  when  identifying  breaches  of  EU  Environmental  legislation,  mainly 
through  the  instrument  of  a  complaint,  is  played  by  environmental  non-governmental 

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organisations  (NGOs).  In  2007,  NGOs  contributed  to  promoting  good  implementation  of 
environmental legislation and public awareness. DG Environment is pro-active in keeping a 
regular dialogue with NGOs and a practice of meeting representatives of NGOs back to back 
to  the  package  meetings  in  Member  States  has  recently  been  developed  and  proves  to  be 
efficient. 

6.3.1.6  

Conformity checking  

The environmental acquis is characterised by many individual instruments, mostly directives, 
reflecting the many subject-areas that have been addressed. This makes for a high volume of 
national  implementing  legislation,  as  does  the  fact  that,  in  many  Member  States,  regional 
implementing  legislation  is  necessary.  The  completeness  and  correctness  of  implementing 
legislation  within  the  Member  States  are  important  determinants  of  good  implementation  in 
practice. That is why, in recent years, the Commission has put a strong emphasis on checking 
the  quality  of  national  legislation.  It  has  undertaken  many  studies  and,  for  key  directives 
assessed  as  presenting  high  risks  of  serious  practical  problems  in  the  absence  of  compliant 
legislation, 
impact 
assessment,  nature  conservation  and  certain  water  legislation).  This  work  is  ongoing.  It  has 
also been decided that, for important recently adopted directives, the responsible units within 
DG  ENV  will  prepare  individual  implementation  action  plans.  This  will  involve  forward 
planning of work to encourage correct and timely transposition.  

infringement  procedures  (examples 

launched  horizontal 

include 

6.4    General evaluation 

The implementation of the Community's environmental acquis presents significant challenges 
which are outlined in the Commission's Communication on implementing EC environmental 
law. The Commission will continue in 2008-2009 its efforts to use the right combination of 
compliance  promotion  and  enforcement  work 
to  overcome  problems  and  close 
implementation gaps.  

The state-of-play is that the transposition process remains to be completed for certain recent 
directives such as that on environmental liability (transposing measures having already been 
transmitted  for  older  directives),  with  delays  sometimes  involving  specific  regions  within 
Member States; improvements need to be made to transposing measures already submitted for 
other directives such as those on nature conservation; certain key administrative steps such as 
site  designations  and  grant  of  pollution  licences  need  to  be  completed  in  certain  Member 
States; overdue reports need to be submitted by certain Member States; important waste-water 
and  other  infrastructural  investments  need  to  be  finalised  in  many  parts  of  the  Community; 
greater  efforts  need  to  be  made  to  ensure  that  air  quality  standards  are  respected;  and 
procedural requirements in relation to impact assessment need to be respected for thousands 
of plans and projects. 

The  Communication  on  implementing  EC  environmental  law  has  set  out  the  priorities  for 
addressing  problems  and  gaps.  These  encompass  non-transposition,  defective  transposition 
and other failures that are important in nature or scale, as well as non-compliance with ECJ 
rulings.  

In the period 2008-2009, the Commission will in particular focus efforts on the following: 

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•  Reducing as far as possible the number of incompletely resolved ECJ rulings.  At 
the  end  of  2007,  there  were  77  such  open  cases.  The  Commission  will  strive  to 
reduce this number by the next reporting period.  

•  For  the  main  recent  directives,  the  Commission  has  started  a  process  which 
involves it preparing transposition action plans. These will seek to apply a range 
of  means  to  encourage  timely  transposition  and  to  ensure  that  transposition  is 
complete and correct.  

•  Once  legal  deadlines  have  passed,  infringements  will  be  vigorously  pursued  for 

non-transposition. 

•  There  will  be  ongoing  systematic  checking  of  the  conformity  of  transposing 
legislation,  with  infringement  procedures  being  pursued  for  key  failures. 
Particular  emphasis 
is  currently  being  placed  on  complete  and  correct 
transposition  of,  amongst  others,  the  Birds  Directive,  the  Habitats  Directive,  the 
Impact  Assessment  Directive,  the  Landfill  Directive,  the  Waste  Framework 
Directive, the WEEE Directive and the Water Framework Directive.  

•  Several  of  the  directives  mentioned  in  the  previous  point  contain  procedural 
requirements  which  figure  in  many  complaints  and  petitions.  By  seeking 
improved  national  legislation  to  implement  these  (and  other  related  instruments 
such  as  the  Access  to  Information  and  Public  Participation  Directives),  the 
Commission  seeks  to  avoid  at  least  some  procedural  problems  at  the  level  of 
individual plans and projects. 

•  Apart from non-transposition and defective transposition, work will be devoted to 
key  problems  of  practical  application.  These  include,  for  water,  lack  of  waste-
water collection and treatment systems; for nature, designation shortfalls and poor 
site management; for waste, lack of solid waste treatment facilities and tolerance 
of  illegal  landfills;  and  for  air,  excessive  urban  concentrations  of  certain  air 
pollutants; for industrial installations, fulfilment of permit and other requirements. 

•  Required reports and information updates, such as on measures to combat climate 

change, will be the subject of systematic Commission action. 

In  2007,  the  readiness  of  the  Commission  to  seek  interim  measures  in  relation  to  a  Polish 
motorway project attracted considerable interest. In general, interim measures can be seen as a 
means of avoiding possibly irretrievable environmental harm before a legal dispute has run its 
normal course. Where the circumstances warrant it, the Commission intends to resort to such 
measures in future cases. 

The  Commission  will  also  need  to  manage  the  continuing  demands  created  by  individual 
complaints,  enquiries  and  petitions.  It  hopes  that  the  improved  problem-solving  mechanism 
will make a positive contribution to this challenge. 

As for the outlook in 2008-2009, the Commission expects to have a considerable work-load 
but it hopes and expects that the sum of its efforts will produce results in terms of improved 
implementation. In this regard, a few points can be made. Commission intervention tends to 
produce relatively rapid results within a one to two-year time-frame for certain categories of 

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problem,  such  as  non-transposition  or  lack  of  reporting.  For  other  more  complex  problems, 
complete  resolution  can  take  several  years  to  achieve:  while  this  is  not  satisfactory,  sight 
should not be lost of the positive interim progress that often marks such longer-lasting cases – 
for example, increased though not complete networks of designated sites or partially though 
not completely implemented infrastructure requirements.  

EN 

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7 

INFORMATION SOCIETY AND MEDIA 

7.1  Electronic communications 

7.1.1  Current position 

7.1.1.1  Existing measures in force 

The Commission's overarching initiative for information society and media policies, i2010182, 
confronts  the  challenge  of  rapid  convergence  and  technological  change  with  a  regulatory 
framework for electronic communications that promotes competition, investment, innovation, 
the single market and consumer benefits. Enforcing full and effective implementation of the 
regulatory  framework  in  electronic  communications  is  therefore  essential  for  the  sector’s 
contribution to the overall Lisbon goals.  

The  EU  regulatory  framework  for  electronic  communications  networks  and  services  came 
into  force  in  2002.  It  consists  of  five  Directives183.  The  Framework  Directive  outlines  the 
general principles, objectives and procedures. The Authorisation Directive creates a regime of 
general  authorisations  for  providers  of  communications  services.  The  Access  and 
Interconnection  Directive  sets  out  rules  for  a  multi-carrier  marketplace,  ensuring,  in 
particular,  access  to  networks  and  services  and  interoperability.  The  Universal  Service 
Directive  guarantees  basic  rights  for  consumers  and  minimum  levels  of  availability  and 
affordability.  The  e-Privacy  or  Data  Protection  Directive  covers  protection  of  privacy  and 
personal data communicated over public networks. 

Transposition of the regulatory framework into the national law of the 27 Member States was 
completed in 2007 with the adoption of primary legislation by Bulgaria and Romania.  

The 2004 and 2005 Commission radio spectrum harmonisation decisions184
 have not yet been 
implemented at least in part in Ireland, the United Kingdom, Luxembourg, Slovakia, Bulgaria 
and Romania by the end of 2007. 

182 
183 

184  

COM(2005) 229 
Directive  2002/21/EC  (Framework  Directive),  Directive  2002/20/EC  (Authorisation  Directive), 
Directive  2002/19/EC  (Access  Directive),  Directive  2002/22/EC  (Universal  Service  Directive)  and 
Directive  2002/58/EC  on  privacy  and  electronic  communications  (further  referred  to  as  the  ePrivacy 
Directive). 

Commission Decision 2005/928/EC of 20 December 2005 on the harmonisation of the 169,4- 

169,8125 MHz frequency band in the Community (frequency band originally designated for the 

ERMES paging system); Commission Decision 2005/513/EC of 11 July 2005 on the harmonised 

use of radio spectrum in the 5 GHz frequency band for implementation of Wireless Access 

Systems including Radio Local Area Networks (WAS/RLANs); Commission Decision 

2005/50/EC of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band 

EN 

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The 2006 decisions, including 2006/771/EC of 9 November 2006 on the harmonisation of the 
radio spectrum for use by short-range devices (SRD) and 2006/804/EC of 23 November 2006 
on  harmonisation  of  the  radio  spectrum  for  radio  frequency  identification  (RFID)  devices 
operating  in  the  ultra  high  frequency  (UHF)  band,  had  been  implemented  in  most  Member 
States in 2007, except for Belgium, Latvia and Romania in case of Decision 2006/771/EC and 
Latvia, Luxembourg, Romania and Austria in case of Decision 2006/804/EC. 

In 2007 the Commission adopted the following spectrum harmonisation decisions: 

2007/90/EC of 12 February 2007 amending EC Decision 2005/513/EC of 11 July 2005 on 5 
GHz WAS/RLAN, 2007/98/EC of 14 February 2007 on the harmonised use of radio spectrum 
in  the  2  GHz  frequency  bands  for  the  implementation  of  systems  providing  mobile  satellite 
services (MSS), 2007/131/EC of 21 February 2007 on allowing the use of the radio spectrum 
for  equipment  using  ultra-wideband  technology  in  a  harmonised  manner  in  the  Community 
(UWB)  and  2007/344/EC  of  16  May  2007  on  harmonised  availability  of  information 
regarding spectrum use within the Community185. 

By the end of 2007 their implementation was incomplete. In particular, the MSS Decision had 
been  implemented  by  23  Member  States,  the  UWB  Decision  by  19  Member  States  and  the 
amending WAS/RLAN Decision by 20 Member States. 

7.1.1.2  Report of work done in 2007 

In  line  with  the  Commission  Communication  on  better  monitoring  of  the  application  of 
Community law186, the Commission services have continued to avoid the need for recourse to 
infringement proceedings by providing general guidance on transposition requirements via the 
Communications  Committee  (COCOM)  and  the  Radio  Spectrum  Committee  (RSC),  and  by 
making  use  of  intensive  bilateral  contacts  with  the  relevant  national  authorities.  Following 
discussion in COCOM, measures on the harmonised application of the regulatory framework 
for  electronic  communications  were  adopted,  namely  an  amendment  to  the  decision  on  the 
"116" number range187. 

At  the  heart  of  the  2002  regulatory  framework  for  electronic  communications  lies  the 
principle that undertakings should not be subject to ex ante regulatory obligations unless they 
have  been  found  to  be  dominant  in  a  relevant  market,  on  the  basis  of  a  thorough  market 
review  by  their  national  regulatory  authority  (NRA).  Following  the  launch  of  infringement 

for the time-limited use by automotive short-range radar equipment in the Community; and 

Commission Decision 2004/545/EC of 26 July 2004 on the harmonisation of radio spectrum in the 

79 GHz range for the use of automotive short-range radar equipment in the Community. 

185  
186 
187  

Decision 2007/344/EC entered into force on 1 January 2008. 

COM(2002) 725, of 11 December 2002. 
OJ L 284 of 30 October 2007. 

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proceedings,  this  market  review  process  has  made  significant  progress  in  2007.  All  NRAs, 
apart  from  the  ones  in  the  two  new  Member  States  Romania  and  Bulgaria,  have  now 
substantially  completed  the  first  round  of  market  analysis  and  notified  their  results  to  the 
Commission and other NRAs in accordance with Article 7 of the Framework Directive. This 
has  created  a  genuine  body  of  know-how  and  experience  which  can  be  shared  by  NRAs 
across the Community. 

An  increasing  need  for  consumer  protection  goes  hand  in  hand  with  the  growth  and 
diversification  of  electronic  communication  services  and  a  growing  number  of  service 
providers.  A  mechanism  to  settle  disputes  between  consumers  and  service  providers  that 
offers  a  more  flexible,  cheaper  and  less  formal  alternative  to  court  proceedings  is  therefore 
required under the Universal Service Directive. Although practical applications of the dispute 
resolution  mechanism  vary  from  one  Member  State  to  another,  this  has  produced  overall 
positive results, and a huge number of consumer complaints are dealt with at national level. 

Finally,  DG  INFSO  continued  to  monitor  the  general  state  of  implementation  of  the 
regulatory  framework,  in  close  contact  with  the  national  authorities  and  other  stakeholders, 
when preparing for the Commission’s sector specific annual Progress Report addressed to the 
European  Parliament,  the  Council,  the  European  Economic  and  Social  Committee  and  the 
Committee of the Regions188. 

Nonetheless,  ensuring  full  and  effective  implementation  of  the  regulatory  framework  by 
formal infringement proceedings remained a priority also in 2007. By the end of the reporting 
year the Commission had opened nearly 160 infringement  proceedings  under  Article 226  of 
the Treaty since the date of application of the new regulatory framework; in some 100 cases 
this  action  is  prompted  by  failure  to  implement  the  regulatory  framework  correctly.  These 
proceedings  concerned  all  EU 27  Member  States.  The  relatively  high  number  of  non-
conformity  cases  is  the  result  of  DG  INFSO's  proactive  monitoring  policy  which  entails  a 
systematic  conformity  assessment  of  the  national  transposition  measures  notified  to  the 
Commission. This approach has proven to be critical for electronic communications, being a 
highly  innovative  and  dynamic  sector  which  requires  swift  action  to  ensure  regulatory 
consistency. The conformity assessment for each Member State is carried out on the basis of 
correlation tables which had been discussed and communicated to the Member States via the 
Communications Committee already before the date of application  of  the current regulatory 
framework. 

During  the  reporting  year,  the  Commission  opened  13  new  proceedings,  while  9  pending 
cases were taken to the second phase with a reasoned opinion being sent to the Member States 
concerned. The Commission decided to refer twelve cases to the Court of Justice in 2007. At 
the same time, the Commission decided to close twenty-one proceedings following action by 
the Member States. Six infringement proceedings were launched due to the failure of the new 
Member States, Bulgaria and Romania, to notify on time all transposition measures taken. All 
these cases, however, could be closed after the sending of letters of formal notice, following 
the adoption and notification of the relevant transposition measures. The Commission services 
have  now  started  scrutinising  the  implementation  measures  notified  to  it  by  Bulgaria  and 
Romania. 

188 

“Towards a Single European Telecoms Market (13th Progress Report)”, COM(2008) 153 of 19 March 
2008. 

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Finally, although all 27 Member States had completed formal transposition of the regulatory 
framework, there were still 37 proceedings for incorrect implementation pending at the end of 
2007. 

The  focus  of  enforcement  has  continued  to  shift  from  transposition  issues  to  ensuring  full 
compliance and effective application in all 27 Member States. In particular, the Commission 
services undertook an examination of the major concerns expressed in the annex to the 2006 
Implementation  Report189.  New  proceedings  accordingly  focused  on  the  availability  of  112 
and of caller location information to emergency authorities for calls to 112 made from fixed 
and/or mobile phones. Other issues addressed concerned the independence and the powers of 
the  NRA,  rights  of  way,  the  regulation  of  new  markets,  broadband  retail  regulation  and  the 
universal service designation and financing.  

Most  of  the  twelve  cases  which  the  Commission  decided  to  refer  to  the  Court  of  Justice  in 
2007  concerned  the  non-availability  of  caller  location  information  for  calls  to  112  (Italy, 
Latvia, Lithuania, the Netherlands, Poland, Portugal and Slovakia). In the case of Portugal the 
problem was resolved, and the proceeding was subsequently withdrawn. Other actions were 
related  to  a  limitation  of  powers  of  the  NRA  (Germany)  and  consumer  issues  (Poland, 
Portugal).  

Following  the  completion  of  the  first  round  of  market  reviews  in  most  Member  States, 
proceedings  closed  in  2007  mainly  concerned  the  implementation  of  the  market  review 
procedures  (seven  proceedings).  Moreover  several  proceedings  concerning  caller  location 
information  for  112  could  also  be  closed  due  to  implementation  measures  taken  by  the 
Member States (four proceedings). 

Other  proceedings  that  were  closed  in  2007  concerned  cost  accounting  provisions,  cost 
recovery,  directory  services,  ePrivacy  legislation,  the  lack  of  reference  unbundling  offer, 
must-carry  issues,  number  portability,  the  powers  of  the  NRA,  spam  protection  and  the 
universal service designation (one case each).  

The  Commission  has  continued  frequently  to  issue  press  releases  at  various  stages  of  the 
proceedings that have been opened. These press releases are available on the implementation 
and  enforcement  website  of  the  Directorate-General  for  Information  Society  and  Media190 
together with overview tables for all cases, which are updated regularly.  

In addition to the pending infringement proceedings, there were 18 complaints pending at the 
end  of  2007,  most  of  them  related  to  authorization issues, including frequency  management 
and rights of way, and to obligations resulting from the Universal Service Directive.  

Petitions 

In 2007 three petitions concerning the regulatory framework were registered (Italy: after-sales 
services of the incumbent fixed network operator; Ireland: fixed line connection availability in 

189          

http://ec.europa.eu/information_society/policy/ecomm/library/communications_reports/annualreports/1
2threport/index_en.htm 
http://europa.eu.int/information_society/policy/ecomm/implementation_enforcement/index_en.htm  

190 

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a  remote  area;  Austria:  availability  of  a  naked  DSL  subscription).  All  these  petitions  were 
answered without opening an infringement proceeding. 

Finally, the European Court of Justice issued several important judgments on substance in the 
electronic  communication  area  in  2007,  in  particular  on  request  for  preliminary  ruling  by  a 
national court or tribunal under Article 234 of the Treaty. These covered amongst others the 
taxation for the allocation of UMTS frequencies (C-369/04 – Hutchison 3G UK, C-284/04 T-
Mobile Austria), the transitional regime (C-64/06 – Český Telecom and C-262/06 – Deutsche 
Telekom) and must-carry obligations (C-250/06 – UPC Belgium et alt.). 

7.1.2  Changes underway 

In  order  to  realise  the  full  potential  of  the  internal  market,  more  consistency  of  application 
across the EU and a strengthening of the framework in areas such as spectrum management 
are needed. These needs were considered in the Review of the current regulatory framework 
which led to new legislative proposals aiming at addressing these issues. 

7.1.2.1  Recently adopted measures 

As regards roaming prices in the Community, the Commission proposed a complement to the 
framework  by  a  single  market  measure  in  the  form  of  a  Regulation  on  roaming  within  the 
Community which was slightly amended and then approved by the European Parliament and 
Council.  It  entered  into  force  on  30  June  2007191.  The  Commission  services  assess  first 
experience with the regulation based on data provided by Member States. Pursuant to Article 
11 of the Regulation the Commission will have to report to the European Parliament and the 
Council on the functioning of the Regulation no later than 30 December 2008. 

7.1.2.2  New measures due to be adopted 

In accordance with i. a. Article 25 of the Framework Directive, the Commission reviewed the 
framework,  and  came  forward  with  proposals  covering  the  Directives,  a  Regulation 
establishing  a  European  Electronic  Communications  Market  Authority  (EECMA)  and  a 
revised Recommendation on relevant markets in November 2007192. These proposals aimed in 
particular  to  consolidate  a  competitive  internal  market  through  more  consistent  national 
regulatory  approaches;  reinforced  consumer  protection  and  users'  rights;  more  effective 
spectrum  management  and  implementation.  Moreover,  the  Commission  services  worked 
closely  with  the  Member  States  in  the  Radio  Spectrum  Committee  to  achieve  a  consistent 
approach across the EU for a more flexible use of relevant frequency bands which resulted in 
a  proposal  for  a  Directive  of  the  European  Parliament  and  the  Council  repealing  Council 
Directive 87/372/EEC on the frequency bands to be reserved for the coordinated introduction 

191  
192  

OJ L 171 of 29 June 2007, p. 32. 
Commission proposal for a directive of the European Parliament and of the Council, SEC(2007) 1472 
and  SEC(2007)  1473  and  Proposal  for  a  regulation  of  the  European  Parliament  and  of  the  Council 
establishing  the  European  Electronic  Communications  Market  Authority  COM(2007)699,  for  an 
Society: 
overview, 
http://www.ec.europa.eu/information_society/policy/ecomm/library/proposals/index_en.htm 

Information 

website 

DG 

see 

of 

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of  public  pan-European  cellular  digital 
Community193.  

7.1.2.3  Volume of enquiries and priorities 

land-based  mobile  communications 

in 

the 

In  the  light  of  complaints  and  issues  raised  by  market  players  and  national  regulatory 
authorities,  the  priorities  will  most  likely  remain  the  same  as  in  the  reporting  year:  the 
functioning of the national regulatory authorities and consumer protection rights. The number 
of cases of infringements, complaints, enquiries and petitions is expected to stay at the same 
level as in previous years.  

7.1.3  Evaluation 

Overall, the implementation of the regulatory framework is working to bring competition to 
electronic  communications  markets,  with  resulting  benefits  to  consumers  in  terms  of  prices 
and  innovative  converged  services.  Examples  of  best  practice  are  available  from  every 
Member  State  across  the  range  of  regulatory  and  market  issues.  However,  there  is 
considerable scope for further benefits to flow from a reinforced single market, strengthened 
competition and a reduction in the regulatory burden. 

While all issues of late transposition and two third of the implementation issues addressed by 
formal  infringement  proceedings  have  been  settled,  a  significant  number  of  non-conformity 
and  incorrect  application  issues  remains  requiring  attention  and  appropriate  follow-up,  with 
continued  focus  on  the  functioning  of  the  national  regulatory  authorities  and  consumer 
protection  rights.  In  addition,  special  focus  will  be  given  on  the  effective  application  of  the 
Roaming  regulation,  and  its  overall  impact  will  be  reviewed  in  2008.  The  Commission's 
legislative  proposals  currently  before  the  European  Parliament  and  Council  seek  to  address 
identified  weaknesses  of  the  2002  regulatory  framework,  while  retaining  its  basic  overall 
concept. 

7.2  The Audiovisual and Media 

7.2.1  Current position 

7.2.1.1  Existing measures in force 

The  main  instrument  is  the  Television  without Frontiers (TWF) Directive recently modified 
into the Audiovisual Media Services (AVMS) Directive194. It combines the country of origin 
principle  with  a  minimum  harmonisation  of  the  laws  applicable  to  all  audiovisual  media 
services (television and on-demand). Non-binding measures include the Recommendation on 

193  
194 

COM(2007) 367 final. 
Directive  89/552/EEC  of  the  European  Parliament  and  of  the  Council  of  3  October  1989  on  the 
coordination  of  certain  provisions  laid  down  by  law,  regulation  or  administrative  action  in  Member 
States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) 
as last amended by Directive 2007/65/EC of 11 December 2007, OJ L 332 of 18 December 2007. 

EN 

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Film Heritage195 and the Recommendation on the protection of minors and human dignity in 
audiovisual and information services196. 

7.2.1.2 Report of work done in 2007 

7  new  cases  were  opened  (2  complaints,  1  presumed  infringement  and  4  identified 
infringements, all referring to TWF). 6 cases were closed, 3 were treated under other cases, 
and 2 letters of formal notice were sent. 4 petitions of the European Parliament were handled. 
At  the  same  time,  a  commissioned  study  on  the  application  of  quantitative  limits  on  TV 
advertising  rules  in  Member  States  (Audimetrie)  was  continued,  thereby  examining  the 
situation in 5 Member States. 

On 18 October 2007, the European Court of Justice adopted a judgment giving guidance on 
the  conditions  in  which  call  TV  programmes  may  qualify  as  tele-shopping  or  television 
advertising.  On  24  October  2007,  the  Commission  adopted  the  Sixth  Report  relating  to  the 
application  of  the  "Television  without  Frontiers"  Directive  for  the  period  2005  –  2006.  In 
2007, the Commission adopted a number of decisions in order to draw the consequences of 
the Infront judgment of 15 December 2005 concerning the application of the provisions on the 
retransmission of events of major importance for the society. Two of these decisions (the UK 
and the Belgian ones) have been challenged before the Court of First Instance. 

7.2.2  Changes Underway 

7.2.2.1  Recently adopted measures 

The amending Directive was adopted at the end of 2007; Member States have until the end of 
2009  to  transpose  the  AVMS  Directive.  Questions  that  all  Member  States  face  in  the 
transposition  process  will  be  clarified  at  an  early  stage  in  more  frequent  meetings  of  the 
Regulator's Group and of the Contact Committee set up under Art 23a of the Directive. This 
close  monitoring  of  the  implementation  also  involves  the  participation  in  conferences  and 
public consultations held in the Member States on the transposition of AVMS. 

7.2.2.2  New measures due to be adopted 

The Commission is working on the adoption of a proposal for a consolidated version of the 
AVMS Directive which should be adopted around the end of 2008. 

It is envisaged to submit new documents to the Contact Committee: 

- Working documents on the application of Art 3 (2) - (5) and Art 2a (4) – (6) (jurisdiction 
issues); 

195 

196 

Recommendation of the European Parliament and of the Council of 16 November 2005 on film heritage 
and the competitiveness of related industrial activities, OJ L 323of 9 December 2005, p. 57. 
Recommendation  of  the  European  Parliament  and  of  the  Council  of  20  December  2006  on  the 
protection of minors and human dignity and on the right of reply in relation to the competitiveness of 
the European audiovisual and on-line information services industry, OJ L 378 of 27 December 2006, p. 
72. 

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- new guidelines  for the report on the application of the rules (Articles 4  and 5) on  cultural 
diversity  (minimum  programming  of  European  works,  minimum  programming  of  and/or 
investment in independent works). 

7.2.2.3  Volume of enquiries and priorities 

The transposition period for the AVMS Directive lasts until 19 December 2009. In the light of 
complaints  and  parliamentary  questions  received  so  far,  priority  will  most  likely  be  on  the 
following  areas:  television  advertising,  promotion  of  European  and  independent  works, 
protection  of  minors,  non  incitement  to  hatred  and  jurisdiction.  The  issue  of  the  right  to 
information regarding events of major importance for society, with the cases brought before 
the Court of Justice against the UK and Belgian measures, will also be followed closely. The 
number  of  cases  of  infringements  and  petitions  is  expected  to  stay  at  the  same  level  as  in 
previous  years.  The  monitoring  of  quantitative  TV  advertising  rules  (Audimetrie)  will 
continue, possibly involving further infringement proceedings. 

7.2.3  Evaluation 

The application of the provisions of the present regulatory framework in force (i.e. prior to the 
adoption  of  the  amending  Directive)  has  been  relatively  satisfactory.  However,  it  remains 
necessary  to  carry  out  a  close  monitoring  of  the  application  of  TV  advertising  rules  in  the 
Member  States,  and  more  generally,  of  audiovisual  commercial  communication.  The 
audiovisual landscape has changed dramatically and seen an explosion of channels in recent 
years.  The  scope  of  the  AVMS  Directive  -  including  on  demand  services  -  will  cover  all 
audiovisual media services once transposed. Therefore, there is a possibility of rising numbers 
of complaints, notably regarding issues of protection of minors and non incitement to hatred. 
The position will continue to be monitored and reported. 

7.3  Public Sector Information 

7.3.1  Current Position 

7.3.1.1 

 Existing measures in force 

Directive  2003/98  on  the  re-use  of  public  sector  information  (PSI  Directive)  pursues  three 
main  objectives:  first  of  all,  to  facilitate  the  creation  of  Community  wide  services  based  on 
public  sector  information,  secondly,  to  enhance  an  effective  cross-border  re-use  of    public 
sector information for added-value services, and finally, to limit distortions of competition on 
the Community market.  

The  Directive  is  built  around  two  key  pillars  of  the  internal  market:  transparency  and  fair 
competition. It contains provisions e.g. on procedures when dealing with requests, on upper 
limits for charging, on the transparency of conditions and non-discrimination, on prohibition 
of  cross-subsidies  and  exclusive  arrangements,  as  well  as  on  practical  means  to  facilitate 
finding and using the material available for re-use. Ultimately, the Directive aims at a change 
of  culture  in  the  public  sector,  creating  a  favourable  environment  for  the  re-use  of  its 
information resources. 

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Decision  2006/291/EC,  Euratom  on  the  re-use  of  Commission  information  applies  the 
principles of the PSI Directive to Commission documents. It goes beyond the PSI Directive in 
certain provisions such as only charging marginal costs for dissemination. Examples of re-use 
of Commission information include statistical data of Eurostat, the legal database Eurlex and 
the extensive translation collections of the Commission.   

7.3.1.2  Report of work done in 2007 

The  deadline  for  implementing  the  Directive  by  the  Member  States  was  1  July  2005.  The 
Commission  has  been  closely  monitoring  the  transposition  process  and  providing  technical 
assistance  in  order  to  enhance  re-use  and  to  facilitate  the  exchange  of  good  practices  in  the 
Member States.  

At  the  end  of  2007,  all  Member  States  had  notified  full  transposition,  except  one  Member 
State which had notified partial transposition. Infringement procedures under Article 226 EC 
for non-communication of national transposition measures were initiated in autumn 2005 by 
letters of formal notice to 15 Member States. They reached the final stage in the second half 
of  2007  when  the  Court  of  Justice  gave  judgements  regarding  the  remaining  four  Member 
States (Austria, Belgium, Luxembourg and Spain) for failure to transpose the Directive. These 
Member  States  completed  transposition  by  the  end  of  the  year  2007,  except  one  (Belgium) 
which  had  transposed  partially.  The  evaluation  of  the  conformity  of  the  notified  national 
transposition measures continued during 2007, in parallel with the management of complaints. 

In conformity with the Commission Communication on better monitoring of the application 
of  Community  law  (COM  (2002)725),  the  Commission  has  continued  pursuing  several 
accompanying  measures  in  addition  to  formal  infringement  procedures  regarding  the 
transposition of the PSI Directive.  

First  of  all,  the  Commission  regularly  organises  and  chairs  the  Public  Sector  Information 
Group  for  Member  State  representatives  and  stakeholders  in  order  to  provide  assistance 
regarding  implementation  issues  and  to  facilitate  the  exchange  of  good  practices.  Secondly, 
the Commission pursues intensive bilateral contacts with Member States in view of ensuring 
correct implementation and application of the Directive. These have contributed to the process 
of  legislative  change  in  various  Member  States.  Thirdly,  the  Commission  contributes  to 
awareness-raising  and  stimulation  activities  by  participating  in  seminars  and  workshops 
organised  in  the  Member  States,  networking  across  Europe  and  in  a  wider  international 
context (notably the OECD) and co-funding a project for promoting pan-European PSI reuse 
(ePSIplus)  through  the  Commission's  eContentplus  Programme.  Finally,  following  the 
benchmarking  study  Measuring  European  Public  Sector  Information  Resources  (MEPSIR, 
2006),  two  more  studies  were  commissioned  in  2007.  They  concern  the  Assessment  of  the 
Re-use  of  Public  Sector  Information  in  the  Geographical,  Meteorological  and  Legal 
Information  Sectors,  and  the  Assessment  of  the  Economic  and  Social  value  of  the  Public 
Domain,  which  will  include  a  chapter  on  cultural  content  with  regard  to  the  PSI  Directive. 
Both studies are due in 2008 in view of the review of the PSI Directive. 

7.3.2  Changes underway 

New measures due to be adopted 

EN 

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The  Commission  will  carry  out  a  review  of  the  application  of  the  PSI  Directive  in  2008  , 
communicating the results, together with any proposals for modifications where necessary, to 
the European Parliament and the Council. In accordance with Article 13 of the Directive, the 
review will in particular address the scope and impact of the Directive, including the extent of 
the  increase  in  re-use  of  public  sector  documents,  the  effects  of  the  principles  applied  to 
charging and the re-use of official texts of a legislative and administrative nature. 

Volume of enquiries and priorities 

Infringement procedures under Article 226 EC for failure to transpose were completed when 
the  Court  of  Justice  gave  four  judgments  in  2007  and  all  but  one  Member  States  notified 
complete transposition by the end of the year. In the light of the evaluation of the conformity 
of  the  notified  national  transposition  measures,  complaints  and  parliamentary  questions,  the 
main substance issues are related notably to the scope and definitions, exclusive agreements, 
non-discrimination,  charging  and  transparency.  The  completion  of  transposition  of  the 
Directive in the Member States may have an impact on the number of complaints received by 
the Commission in the future concerning non-conformity issues. 

7.3.3  Evaluation 

It  should  be  noted  that  the  completion  of  transposition  of  the  Directive  by  the  last  Member 
State took almost two years longer than envisaged in the legislation, requiring some actions 
against individual Member States to get as far as a first judgment of the Court of Justice. The 
situation is in the process of development of new "acquis" as it is a first ever Directive in this 
area,  with  notification  of  transposition  measures  just  being  completed.  For  this  reason,  the 
number  of  complaints  is  still  scarce  and  there  are  no  preliminary  rulings  based  on  the 
Directive,  as  Member  States  and  stakeholders  are  still  in  a  learning  mode  and  institutional 
mechanisms  are  in  the  process  of  being  implemented  (e.g.  new  mediation  mechanisms  for 
dealing  with  refusal  of  requests  for  reusing  public  sector  information).  Thus  a  thorough 
evaluation  of  the  application  of  the  new  rules  is  still  premature,  although  some  preliminary 
findings will be presented in the first review of the Directive started in 2008. 

The priority is shifting now from the first stage of completing transposition and notifying the 
national transposition measures to the Commission, to ensuring full compliance and effective 
application of the Directive in all the 27 Member States. This is likely to lead to the launching 
of  infringement  procedures  for  incorrect  transposition  and/or  application  of  the  Directive  in 
2008  and  2009.  One  area  that  the  Commission  will  monitor  particularly  closely  concerns 
exclusive  arrangements,  for  which  the  transitional  period  foreseen  in  Article  11  of  the 
Directive will expire at the end of 2008. 

EN 

155 

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7.4  Electronic Signatures 

7.4.1  Current Position 

7.4.1.1  Existing measures in force 

The  principal  instrument  is  the  Directive  1999/93/EC  on  a  community  framework  for 
electronic signatures197. The implementing measures include the Commission Decision on the 
minimum criteria for the designated bodies198 and the Commission Decision on the generally 
recognised standards for some electronic signatures products199. 

All  27  Member  States  have  implemented  the  Directive  and  there  is  no  open  infringement 
procedure.  

7.4.1.2  Report of work done in 2007 

In  2007,  the  Commission  commissioned  a  study200  in  order  to  have  an  assessment  for  a 
possible review of the standardisation needs in the field of electronic signatures supporting the 
Directive 1999/93/EC.  

The results of the study have been made available in December 2007 and will be considered 
in  connection  with  any  revision  of  the  Commission  Decision  on  generally  recognised 
standards.  

7.4.2  Changes underway 

Volume of enquiries and priorities 

On the basis of the recommendations of the Study, the Commission plans to revise, in 2008, 
the  abovementioned  Decision  on  generally  recognised  standards  for  electronic  signatures 
products to update the list of referenced standards. 

As stated in its Communication "A single market for the 21st century Europe" adopted on 20 
November  2007,  the  Commission  will  adopt  by  the  end  of  2008  an  e-signature/e-
authentication Action Plan. The objective of the Action Plan is to promote the implementation 
of mutually recognised and interoperable electronic signatures and e-authentication solutions 
between Member States in order to facilitate the provision of cross-border public services in 
an electronic environment. 

7.4.3  Evaluation 

The main use of electronic signatures is today in the field of public service applications. The 
Commission  does  not  plan  to  revise  the  Electronic  Signatures  Directive  but  some 

197  
198  
199  
200  

EN 

OJ L 13, 19.01.200, p.12 
OJ L 298, 16.11.2000, p.42 
OJ L 45, 15.07.2003, p.45 
: 
the 
Study 
http://ec.europa.eu/information_society/eeurope/i2010/docs/esignatures/e_signatures_standardisation.pd
f 

standardisation 

eSignatures 

aspects 

on 

of 

156 

   EN 

 
                                                 
complementary  actions  to  improve  its  functioning  could  be  taken  in  the  framework  of  the 
Action Plan. Priority work will be on the development of the Action Plan and follow-up. 

8 

 FISHERIES AND MARITIME AFFAIRS 

8.1  Current position 

8.1.1  Existing measures in force 

The  Common  Fisheries  Policy  is  based  on  the  EC  Treaty.  Article  3  of  the  EC  Treaty  lays 
down  that  the  activities  of  the  Community  shall  include  a  common  policy  in  the  sphere  of 
fisheries. Title II (Articles 32 to 38) of the EC Treaty sets out basic rules for the content and 
functioning  of  a  common  policy  covering  fisheries  products.  The  existing  Regulations  and 
other  legal  acts  covering  the  different  areas  of  the  policy  can  be  found  in  the  following 
website of the Commission: http://ec.europa.eu/fisheries/index_en.htm. In this site, under the 
heading  "Legislation  and  state  aid",  the  following  information  is  available:  EU  fisheries 
legislation in force (with the chapters legislation in force; proposals for legislation; documents 
of public interest; state aid to fisheries and aquaculture). The heading " Legislation in force" 
covers the basic legislation of the Common Fisheries Policy: the basic Regulation governing 
the  policy  as  well  as  other  legislation  on  the  different  areas  of  the  policy  (conservation, 
structures  and  fleet,  common  organisation  of  markets,  bilateral  agreements  with  third 
countries,  regional  fisheries  organisations,  aquaculture,  processing,  marketing,  research, 
control and monitoring of fishing activities, governance, food hygiene). 

8.1.2  Report of work done in 2007 

Owing to deficiencies identified in the enforcement of technical measures concerning the use 
of a specific fishing gear, the Commission sent a reasoned opinion to the United Kingdom on 
27 June. 

Under proceedings initiated owing to the non respect by Italy and France of legislation on the 
use of drift nets, the Commission decided to bring the matter before the Court on 21 March 
and 27 June. 

Under  proceedings  initiated  owing  to  the  non  respect  by  the  Netherlands  of  the  rules  on 
measurement of vessel engine capacity in the Plaice box, the Commission decided to bring the 
matter before the Court on 27 June. 

Owing  to  deficiencies  identified  in  implementing  the  bluefin  tuna  plan  (overfishing  of  the 
quotas and non communication of certain data), the Commission sent a letter of formal notice 
to Cyprus, France, Greece, Italy, Malta, Portugal and Spain on 25 September. 

Owing to deficiencies identified in the monitoring and inspection of fishing activities and in 
the  pursuit  of  those  responsible  for  practices  contrary  to  the  respective  laws,  and  due  to 
deficiencies in the closure of the fishery of cod in the Baltic sea, the Commission sent letters 
of formal notice to Poland on 27 of June and on 19 October. 

The Commission decided to close proceedings against France (non communication of data on 
fishing  effort),  Ireland  (non  communication  of  data  on  prices  of  fish  products),  Italy  (non 
respect of technical measures on seasonal fishing activities with a certain gear), Spain (use of 

EN 

157 

   EN 

 
non  traditional  fishing  methods)  and  United  Kingdom  (lack  of  control  of  the  rules  on 
protection  of  salmon).  Information  was  provided  by  the  Member  States  concerned  on  the 
measures  taken  to  ensure  compliance  with  the  applicable  Regulations  and  to  ensure  closer 
monitoring of fishing activities. 

In the field of improving cooperation between the Commission and the Member States in the 
field of prevention, The Directorate General analyses, on a regular basis, the technical rules of 
the fishing sector, within the framework of the application of Directive 98/34/EC (notification 
of technical regulations in the context of the internal market). 

The basic Regulation of the Common Fisheries Policy201 requires the Commission to draw up 
every  three  years  an  evaluation  report  on  its  control  activities  and  on  the  application  of  the 
common policy rules by the Member States. In addition, the Regulation on control of fishing 
activities202 requires the Commission to draw up an assessment report every three years on the 
application of the regulation on the basis of implementation reports submitted by the Member 
States. In this context, the Commission published, on 10 April, a Report to the Council and 
the  European  Parliament  on  the  monitoring  of  the  Member  States  on  behaviours  which 
seriously infringed the rules of the Common Fisheries Policy in 2003-2005203. 

8.2  Changes underway 

New measures due to be adopted requiring implementation 

The year of 2008 will be a decisive year for the future development the framework of control 
of fishing activities which is a very important element of the Common Fisheries Policy. The 
intention of the Commission is to introduce an ambitious package to replace the existing set of 
rules by way of adopting a new set of rules designed to replace Council Regulation (EEC) No 
2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries 
policy204.  The  new  control  rules  should  be  simpler  while,  at  the  same  time,  they  should 
strengthen the current framework. 

Recently adopted measures due to enter into force which may require additional work 

The measures that should be mentioned are the following: 

- Rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic 
recording and reporting of fishing activities and on means of remote sensing205. 

- Multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and 
Mediterranean206. 

201 
202 

203 
204 

205 
206 

OJ L 358, 31.12.2002,p.59. 
OJ  L  261,  20.10.1993,p.1.  Regulation  last  amended  by  Regulation  (EC)  No  1967/2006  –  OJ  L  409, 
30.12.2006,p.11. 
Document COM (2007) 167 final of 10.4.2007. 
OJ  L  261,  20.10.1993,p.1.  Regulation  last  amended  by  Regulation  (EC)  No  1967/2006  –  OJ  L  409, 
30.12.2006,p.11. 
OJ L 340, 22.12.2007,p.46. 
OJ L 340, 22.12.2007,p.8. 

EN 

158 

   EN 

 
 
                                                 
- Conservation and enforcement measures applicable in the Regulatory Area of the 
Northwest Atlantic Fisheries Organisation207. 

- Measures for the recovery of the stock of European eel208. 

- Multiannual plan for the cod in the Baltic Sea and the fisheries exploiting those 
stocks209. 

- Multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea210. 

- Technical measures for the conservation of certain stocks of highly migratory species211. 

- Multiannual plan for the sustainable exploitation of the stock of sole in the Western 
Channel212. 

- Management measures for the sustainable exploitation of fisheries resources in the 
Mediterranean Sea213. 

Identify volume of enquiries, complaints and infringements work and – prioritisation among 
them 

A  total  of  39  infringement  cases  have  been  handled  in  2007.  Three  cases  have  reached  the 
stage where the Commission decided to bring the matter before the Court of Justice (France 
and  Italy  in  respect  of  illegal  drift  netting  and  the  Netherlands  concerning  measurement  of 
vessel engine capacity in the Plaice box). 

In  line  with  the  priorities  set  out  by  the  Directorate  General  for  Fisheries  and  Maritime 
Affairs,  two  new  cases  have  been  opened  against  Poland  (deficient  control  regime  and 
defiance to the closure of the cod fishery in the Eastern Baltic Sea) and seven new cases have 
been opened against the Member States engaged in the bluefin tuna fisheries (Cyprus, France, 
Greece, Italy, Malta, Portugal and Spain). 

Work  is  being  undertaken  for  the  definition  of  a  strategy  for  the  institution  of  infringement 
proceedings in line with the Directorate General priorities. This will encompass a selection of 
substantive  issues  which  should  form  the  subject  matter  of  infringement  proceedings 
henceforth.  The  measures  pertaining  to  the  conservation  of  resources  will  be  of  major 
importance in this context. 

207 
208 
209 
210 
211 
212 
213 

OJ L 318, 5.12.2007,p.1. 
OJ L 248,22.9.2007,p.17. 
OJ L 248, 22.9.2007,p.1. 
OJ L 157, 19.6.2007,p.1. 
OJ L 123, 12.5.2007,p.3. 
OJ L 122, 11.5.2007, p.7. 
OJ L 36, 8.2.2007,p.6.  

EN 

159 

   EN 

 
 
                                                 
8.3  Evaluation 

Through the Regulation on the conservation and sustainable exploitation of fisheries resources 
under the Common Fisheries Policy214, the framework for the Community control system was 
reinforced  (control  throughout  the  whole  fisheries  chain).  In  this  context,  action  at 
Community level relies on the following: the adoption of legislation; the support to Member 
States  by  providing  financial  assistance  to  develop  the  national  systems  of  control;  the 
political  pressure  (publication  of  reports  on  enforcement  of  Community  law)  and  the  legal 
pressure  (the  launching  of  infringement  procedures  under  Articles  226  and  228  of  the  EC 
Treaty). 

In this context, one of the major difficulties consists in obtaining proof solid enough to initiate 
an  infringement  procedure.  An  increased  cooperation  between  Member  States  and  the 
Commission  could  provide  better  conditions  for  a  more  effective  implementation  of 
Community law in this area. As already mentioned, the intention to replace the existing rules 
laid  down  in  Regulation  (EEC)  No  2847/93  aims  at  reaching  a  strengthened  framework 
dealing with the enforcement system in general. 

On  the  other  hand,  a  major  development  in  the area  of  control  was  the  recent  set  up  of  the 
Community Fisheries Control Agency215. The Agency, through the pooling of national control 
and  inspection  resources,  should  achieve  the  conditions  for  a  uniform  inspection  and 
enforcement in the fisheries sector throughout the European Union and contribute to a culture 
of  control  and  enforcement,  taking  into  account  the  increasing  volume  of  Community 
legislation related with the conservation of resources. 

The  Agency  can  also  play  an  important  role  in  the  fight  against  illegal,  unreported  and 
unregulated  fishing  (IUU  fishing).  In  fact,  this  is  a  priority  for  action  to  ensure  the 
sustainability of fisheries. 

Against  this  background,  the  Commission  has  recently  adopted  a  proposal  for  a  Council 
Regulation establishing a Community system to prevent, deter and eliminate IUU fishing216. 

9 

INTERNAL MARKET AND SERVICES 

9.1  General overview  

9.1.1  Existing measures in force 

A list of the existing acquis under the remit of DG Internal Market and services is available at 
the following web address: 

http://ec.europa.eu/dgs/internal_market/mission_en.htm 

Efficient and effective enforcement of Community law – the general approach  

214 
215 
216 

OJ L 358, 31.12.2002, p.59. 
Council Regulation (EC) No 768/2005 – OJ L 128, 21.5.2005,p.1. 
Document COM (2007) 602 final of 17.10.2007. 

EN 

160 

   EN 

 
 
                                                 
Proper  application  of  Community  law  in  Member  States  is  part  and  parcel  of  the  efforts  to 
ensure better regulation. The efforts made to adopt good quality legislation will not deliver the 
desired outcome if the legislation is not transposed correctly and in time and applied on the 
ground. Conversely, the proper application of Community law in Member States is facilitated 
by good quality legislation which should also include provisions to facilitate its efficient and 
effective implementation in Member States.  

In an EU 27 the proper application of Community law in Member States cannot be achieved 
solely by the pursuit of infringement procedures to resolve breaches of Community law. Such 
procedures will continue to play a vital role but must be complemented by preventive actions 
and  the  further  development  and  promotion  of  complementary  informal  problem-solving 
mechanisms.  

For all these reasons efforts to ensure an effective and efficient enforcement of Community 
law encompasses a range of actions. 

–  Preventive action 

Early  efforts  to  prevent  breaches  of  Community  law  are  of  key  importance.  The  premise  is 
simple:  It  is  better  for  citizens  and  business  if  problems  do  not  arise  in  the  first  place.  In 
addition, in an EU 27 it is increasingly difficult to find efficient and effective solutions to all 
the  potential  problems  which  citizens  and  business  face  in  the  Internal  Market.  We  need  to 
address those problems at the core to improve the situation on the ground. 

–  Risk-based approach 

A  risk-based  approach  guides  the  preventive  actions  and  essentially  consists  of  early 
identification of potential risks related to the proper application of Community legislation. 

To  facilitate  the  task  the  provision  of  correlation  tables  by  Member  States  are  required 
systematically in proposed directives217. This obligation is not always maintained during the 
negotiations  in  Parliament  and  Council.  Directives  also  include  information/reporting 
obligations218  and,  where  appropriate,  mechanisms  to  ensure  an  effective  and  efficient 
application of the directive in Member States.219  

217  

218  

219  

E.g.  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  the  taking-up  and 
pursuit of the business of Insurance and Reinsurance - Solvency II, COM/2007/0361 final; Proposal for 
a  Directive  of  the  European  Parliament  and  of  the  Council  on  the  coordination  of  procedures  for  the 
award  of  certain  public  works  contracts,  public  supply  contracts  and  public  service  contracts  in  the 
fields  of  defence  and  security,  COM/2007/0766  final;  Proposal  for  a  Directive  of  the  European 
Parliament  and  of  the  Council  amending  Council  Directives  68/151/EEC  and  89/666/EEC  as  regards 
publication and translation obligations of certain types of companies, COM/2008/0194 final; Proposal 
for  a  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  amending  Council 
Directives  77/91/EEC,  78/855/EEC  and  82/891/EEC  and  Directive  2005/56/EC  as  regards  reporting 
and documentation requirements in the case of merger and divisions, COM/2008/0576 final. 
E.g.  Article  144  of  Directive  2004/48  which  requires,  inter  alia,  competent  authorities  to  publish 
electronically  some  key  information  regarding  the  implementation  of  the  Directive  including  the 
national implementing measures. 
E.g. provisions on administrative cooperation (IMI, contacts points), enforcement measures (setting-up 
authorities, providing powers) or sanctions. 

EN 

161 

   EN 

 
                                                 
A  risk-based  transposition  plan  is  prepared  for  each  new  directive.  Such  plans  provide  an 
inventory and planning of pro-active measures during the transposition period. They focus on 
the  timely  and  proper  transposition  and  correct  application  of  provisions  which  are  key  for 
achieving  the  policy  objectives  and/or  likely  to  pose  difficulties  in  Member  States.  Very 
detailed plans have been prepared and are already in place for the transposition of the Services 
Directive and the Payment Services Directive. In 2008 substantial work is devoted to establish 
similar plans for the transposition of the new Postal Services Directive and the new Remedies 
Directive in the field of public procurement. 

–  Pro-active guidance to MS  

Permanent dialogue, close cooperation and extensive guidance to Member States are essential 
to  ensure  complete  and  timely  transposition  of  Directives.  To  prevent  or  detect  incorrect 
transposition,  advisory  or  regulatory  committees  and  sectoral  working  groups  are  used  to 
clarify national legislation220 and achieve a substantial convergence of the practices. In 2007 
several  transposition  workshops  took  place  in  various  sectors:  regulated  professions, 
insurance,  banking,  securities,  accounting,  auditing.  For  the  implementation  of  the  Services 
Directive an expert working group was set up. It met six times in 2007. Twelve meetings have 
already been scheduled. 

Detailed  questionnaires  are  regularly  sent  to  Member  States  in  order  to  follow  the 
transposition process221 and bilateral technical assistance is offered to national authorities. For 
instance,  in  2007  systematic  bilateral  meetings  were  held  with  each  Member  State  on  the 
implementation  of  the  Services  Directive.  Web-pages  with  "Most  Frequently  Asked 
Questions and Answers" have been used extensively in some areas. These pages are open to 
all stakeholders. They contribute to educate the final users and to gather factual information 
on problems related to transposition, application or interpretation of Community legislation in 
a  specific  area.  Particularly  successful  have  been  the  web-pages  concerning  the  Capital 
Requirements Directive and the "MiFiD" Directive. 

Transposition package meetings have been organised in Member States with particularly high 
transposition  deficits.  In  2007,  such  meetings  took  place  in  France,  Luxembourg,  Czech 
Republic  and  Spain.  They  serve  to  address  problems  before  the  deadline  for  transposition 
expired.  They  serve  also  to  urge  Member  States  to  start  transposition  works  early  and 
highlight  the  advantages  of advance planning and coordination. Experience shows that such 
meetings are useful to improve Member States track record. 

In its 2004 Recommendation on transposition of Internal Market directives222 the Commission 
provided further guidance to Member States in the shape of a set of best practices in Member 
States with respect to the correct and timely transposition of Internal Market directives. In the 
2006  Internal  Market  Scoreboard  data  concerning  the  implementation  of  the  various  best 

220  

221  
222  

E.g. Directive 2007/44/EC220, amending some directives in the financial sector (banking, insurance and 
securities) by introducing new rules and evaluation criteria for the prudential assessment of acquisitions 
and mergers. This Directive has to be implemented by 21 March 2009. 
E.g. in the case of the UCITS Directive or for the audit Directive.  
Commission  Recommendation  of  12  July  2004  on  the  transposition  into  national  law  of  Directives 
affecting the internal market, OJ L98 of 16.4.2005, p. 47 and following , not to be confused with the 
recommendations made under Guideline 12 of the Commission Communication to the Spring European 
Council, 
found  on 
http://ec.europa.eu/growthandjobs/pdf/integrated_guidelines_en.pdf 

'Integrated  Guidelines 

for  Growth  and 

(2005-2008)' 

to  be 

Jobs 

EN 

162 

   EN 

 
                                                 
practices  in  the  Member  States  were  compared  with  the  transposition  deficit  figures.  It 
showed  that  there  is  a  strong  correlation  between  implementing  all  or  most  of  the 
recommendations and a good overall performance on timely transposition. 

–  Administrative cooperation  

Problems  in  application  of  Community  law  may  have  their  origin  in  a  lack  of 
cooperation/mutual  trust  between  authorities  in  different  Member  States.  Appropriate 
provisions on administrative cooperation in secondary legislation are one way to address this 
problem.  The  provisions  on  administrative  cooperation  in  the  Services  Directive223  and  the 
most  recent  Directive  on  Mutual  Recognition  of  professional  qualifications224  are  good 
examples of this approach. 

The current roll-out of the Internal Market Information system (IMI) is a good illustration of 
what can be done to facilitate administrative cooperation. IMI is being developed to improve 
communication  between  Member  State  administrations  and  provides  a  system  for  the 
exchange of information so that Member States can engage in more effective day-to-day co-
operation in the implementation of Internal Market legislation. It is meant to help overcome 
important  practical  barriers  such  as  different  administrative  and  working  cultures,  different 
languages and a lack of clearly identified partners in other Member States. Its aim is to reduce 
administrative burdens and to increase efficiency and effectiveness in day-to-day co-operation 
between  Member  States.  Operational  on  a  pilot  basis  since  November  2007,  it  supports  the 
mutual assistance provisions of the Professional Qualifications Directive (2005/36/EC). From 
December 2009, it will also be used to support the administrative cooperation provisions of 
the Services Directive (2006/123/EC). The Commission has recently (03/04/2008) adopted a 
Recommendation to Member States suggesting that IMI could be used to support the Posting 
of Workers Directive. 

In the securities, banking and insurance fields, and on a cross-sectoral basis, the cooperation 
between  national  supervisory  authorities  is  intensified  within  the  framework  of  the 
Lamfalussy  process  and  provides  an  additional  tool  to  enhance  proper  transposition.  The 
committees of national supervisors (called Level 3 Committees225), provide technical advice 
for  the  preparation  of  implementing  legislation  to  be  adopted  through  comitology  by  the 
Commission.  The  involvement  of  supervisors  in  the  preparation  of  the  legislative  process 
ensures that they feel "ownership" for these rules when they have to apply them. Furthermore, 
the cooperation among supervisors in day-to-day application of Community legislation helps 
eliminating certain inconsistencies in the transposition and/or application. 

–  The Internal Market Scoreboard 

As  an  incentive  for  Member  States  to  speed  up  transposition  of  Internal  Market 
directives twice a year an Internal Market Scoreboard is drawn up. It provides 
detailed  information  on  Member  States'  timely  transposition  of  IM  directives. 
The  combination  of  a  clear,  objective  and  politically  agreed  benchmark  for 
transposition (the benchmark is now a maximum transposition deficit of 1% by 

223  
224  
225  

Directive 2006/123/EC 
Directive 2005/36/EC 
Committee  of  European  Securities  Regulators  (CESR);  Committee  of  European  Banking  Supervisors 
(CEBS); Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS). 

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2009)  and  the  peer  pressure  created  by  making  Member  States  performance 
transparent  has  proven  very  effective.  December's  Scoreboard  2007  shows  an 
EU average transposition deficit of 1,2%.  

–       In  the  financial  services  area,  a  more  detailed  scoreboard  focusing  on  the  directives 
adopted as part of the Financial Services Action Plan (FSAP) is published once a month on 
DG  Internal  Market  and  Services'  website.  It  is  complemented  by  an  internet  database 
giving  access  to  national  laws  implementing  the  FSAP  Directives.  This  concept  will  be 
used for other directives in 2008/2009226. 

–  Partnership with Member States 

Building on the experience as outlined above the Commission included in its Communication 
of  2007  on  a  Single  Market  for  the  21st  Century  an  initiative  to  further  develop  the 
partnership  with  Member  States  to  improve  the  functioning  of  the  Single  Market.  This 
initiative  aims  to  identify  good  practices  and  formulate  recommended  actions  to  be 
implemented by the Member States and the Commission (as the case may be), in a range of 
Single  Market  tasks  including;  transposing,  applying  and  enforcing  Single  Market  rules; 
informing  citizens  and  businesses  about  their  rights  and  opportunities;  promoting  problem-
solving;  advocating  Single  Market-friendly  policies  at  national  level;  and  ensuring 
coordination on Single Market issues within national administrations, between Member States 
and with the Commission. The work is carried out in close cooperation with Member States 
and on the basis of their experiences and national good practices. It will lead to adoption of a 
Commission Recommendation in mid 2009.  

–  Dialogue and cooperation with the European Parliament 

The European Parliament takes a strong interest in the proper application of Community law. 
A  close  dialogue  and  cooperation  has  been  established  for  the  promotion  of  SOLVIT  with 
interested MEPs. A regular dialogue with the EP on other aspects of the application of EU law 
is desirable. The European Parliament may provide useful feedback on the results and benefits 
of  the  enforcement  policy  and,  moreover,  such  a  dialogue  will  build  support  and  mutual 
confidence.  These  contacts  should  take  place  at  all  levels,  including  the  political  level.  One 
useful  example  is  the  constructive  dialogue  with  the  EQUI  Committee  in  2007.  The  final 
report  emphasised  the  need  for  a  more  comprehensive  approach  to  ensure  effective 
implementation of EU legislation and formulated suggestions which are part of the reflection 
concerning future enforcement activities. 

Petitions  received  by  the  European  Parliament  constitute  a  useful  source  of  information  on 
how the legislation works on the ground and on problems and possible violations in member 
States.  

Problem-solving 

–  The instruments 

226  

A  scoreboard  as  regards  company  law  and  anti-money  laundering  directives  is  being  published  on  a 
monthly  basis  and  a  scoreboard  showing  the  state  of  play  of  transposition  of  Directive  on  Statutory 
Audit (Directive 2006/43/EC) is under preparation. 

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To ensure an effective and efficient enforcement of Community law in an EU of 27 Member 
States the right instruments must be used to deal with the problems which arise. Moreover, the 
most serious infringements must be solved as a matter of priority.  

In  the  areas  for  which  DG  Internal  Market  and  Services  is  responsible  the  breaches  of 
Community  law  concern  both  Treaty  provisions  (the  basic  freedoms  of  establishment, 
provision  of  services  and  free  movement  of  capital)  and  secondary  legislation.  The  formal 
infringement  procedure  under  Article  226  EC  is  an  essential  instrument  to  tackle  the  more 
complicated, structural and politically sensitive problems. On the other hand, the Article 226 
procedure  is  not  the  most  appropriate  instrument  for  other  types  of  problems,  in  particular 
isolated cases of  incorrect application of national law by national authorities. In these cases 
the  individual  citizen  and  business  needs  a  solution  to  his/her  problem  quickly.  The 
infringement procedure under Article 226 will not necessarily satisfy this need.  

SOLVIT  was  established  for  that  very  reason  and  has  become  an  integral  part  of  the  wider 
efforts to ensure effective and efficient application of EU law by the Member States. Looking 
at its activities over the last five years results are impressive: it started in 2002 with around 12 
cases per month. In 2007 it accepted to handle 819 complaints about bad application of EU 
internal  market  law  and  found  solutions  for  83%  of  them.  Solutions  were  found  within  an 
average of 58 calendar days.  Of all complaints in SOLVIT, 82% were submitted by citizens 
and  18%  by  enterprises.  From  its  establishment  in  2002  and  until  today  1805  problems 
submitted  by  citizens  and  businesses  were  solved  by  SOLVIT,  which  represents  80%  of  all 
problems  accepted  by  the  system.  It  is  not  only  recognised  as  a  successful  problem  solving 
tool,  but  also  a  model  for  administrative  cooperation  between  Member  States.  SOLVIT  has 
demonstrated the capacity to improve public service to citizens and businesses. Moreover, it 
has promoted a European perspective among national authorities without being forced to do 
so by formal measures. 

The EU PILOT-project launched early 2008 represents a further effort from the Commission 
to  develop  complementary  instruments  to  find  early  solutions  in  an  informal  way.  This 
instrument will further encourage Member States to take their own responsibilities to ensure 
proper  application  of  Community  law.  Member  States  participating  to  the  test  phase  are 
committed  to  provide  solutions  and  answers  within  10  weeks.  DG  Internal  Market  and 
Services intends to use this Pilot project in cases where SOLVIT cannot help and where the 
use of this mechanism may provide an early solution to the problem. 

The prioritisation of infringements 

The  main  objective  of  an  infringement  procedure  is  to  find  appropriate  solutions  when 
national  measures/practices  breach  Community  law.  Its  purpose  is  not  to  bring  a  Member 
State  to  Court  even  if  the  threat  of  a  Court  case  is  an  important  leverage  to  find  amicable 
solutions.  The  prioritisation  of  infringements  is  a  means  to  determine  which  problems  have 
particularly detrimental effects on the good functioning of the Internal Market and to ensure 
that these problems are solved as quickly as possible. At the same time acting swiftly against 
Member States in such cases may have a deterrent effect in itself, thus encouraging Member 
States to find solutions and reducing the risk of future infringements of a similar nature.  

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Prioritisation of infringements does not mean that non-priority cases are put aside. Many of 
the  problems  which  would  not  be  regarded  as  a  priority  are  tackled  very  efficiently  and 
effectively in SOLVIT. Others will be handled via the formal infringement procedure with a 
lesser degree of intensity but according to the general rules applicable to infringements. The 
EU Pilot can be a further complementary mechanism to seek early solutions to some of these 
problems. 

Prioritisation does not mean that only the problems with a substantial economic impact will 
be  given  particular  attention.  There  may  well  be  problems  which  in  themselves  are 
economically  less  significant  but  which  are  related  to  fundamental  rights  and  freedoms, 
prejudging  the  overall  good  functioning  of  Community  legislation,  undermining  a  sectoral 
market  or  affecting  a  category  of  citizens/business.  The  criteria  established  to  identify  the 
priority problems are sufficiently flexible to include such problems where appropriate. 

The priority criteria 

In line with the Commission's Communication "A Europe of results" DG Internal Market and 
Services  has  for  some  time  worked  on  the  basis  of  a  set  of  horizontal  criteria  to  determine 
priorities  specific  to  its  area  of  work.  These  criteria  complement  the  categories  of  priorities 
identified  in  the  aforesaid  Commission  Communication  (i.e.  non-communication  of 
transposition measures and proper execution of judgements of the European Court of Justice). 
Due to the diversity of sectors and activities, it was decided to define three broad criteria: 

Cases relating to one or several DG Internal Market and Services policy priorities; 

Cases  having  a  significant  legal  dimension.  This  means  inter  alia  cases  where  fundamental 
freedoms  are  violated  with  a  significant  impact  on  citizens  rights,  breaches  threatening  the 
good functioning of sectoral legislation or cases giving rise to important legal questions where 
a clarification by the Court of Justice is deemed important. 

Cases having a significant economic impact on the Internal Market or on a specific sectoral 
market. 

These broad criteria are not cumulative and then applied within each specific sector pursuant 
to the concrete political, economic and legal framework prevailing there. 

The handling of priority cases 

There  is  set  of  internal  guidelines  for  the  handling  of  priority  cases.  One  of  the  major 
components  of  these  guidelines  is  the  introduction  of  a  '6  months  benchmark'.  For  priority 
cases (including non-communication and 228 EC cases) a decision in the formal infringement 
procedure (formal notice, reasoned opinion or referral to the Court) should be taken every 6 
months.  The  benchmark  is  applied  in  a  pragmatic  and  sensible  way.  There  may  be  cases 
where  actions  within  the  6  month  benchmark  make  little  sense,  e.g.  where  a  solution  is 
identified  in  a  case,  is  satisfactory  and  is  ready  to  be  implemented  by  the  Member  State 
concerned  within  a  clear  and  reasonable  timeframe.  In  particular  there  are  cases  where  the 
problem can be corrected only by modifying the national legislation.  

The  objective  of  this  approach  is  to  find  a  solution  to  the  problem  as  quickly  as  possible. 
Therefore,  in  parallel  with  the  formal  procedure  informal  negotiations  take  place  with  the 
Member States to assist them in finding appropriate solutions. The efficient use of the formal 

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procedure to put pressure on Member States to remedy the problem combined with informal 
negotiations  is  the  most  effective  way  to  handle  such  cases.  Informal  actions  are  package 
meetings  in  the  area  of  public  procurement,  bilateral  transposition  package  meetings  where 
we  go  through  the  pending  infringement  cases  on  late  or  incorrect  transposition  with  the 
Member State concerned, bilateral (technical) ad hoc meetings, letters sent at more political 
level or meetings between national authorities and the Commissioner and his Cabinet etc. 

9.1.2  DG internal market and services approach for 2008-2009 

DG  Internal  Market  and  Services  will  pursue  and  further  develop  its  general  approach  to 
enforcement of Community law as outlined above.  

The volume of own initiative investigations and cases registered as complaints remains stable 
in recent years. It is difficult to predict about the future but expectations are that the volume 
will increase in the medium-term, in particular due to enlargement with EU 12. In areas like 
public procurement and regulated professions the Community framework is consolidated and 
well known. However, this has not led to a reduction in the number of infringements of the 
rules.  One  reason  may  be  that  the  legislation  is  applied  on  a  day-by-day  basis  by  several 
national authorities at regional and local level or by different bodies linked to the regulated 
professions.  It  is  clear  that  those  areas  will  generate  a  substantial  workload  also  in  the 
foreseeable future.  

In  addition  to  this,  the  short-term  the  major  challenge  will  be  to  reduce  the  transposition 
deficit  and  shorten  time  needed  to  tackle  structural  problems  either  vie  the  Article  226 
procedure or with the help of complementary problem-solving mechanisms such as the EU-
PILOT. As the Communication "A Europe of Results" indicates, the enforcement of rulings 
by  the  Court  of  Justice  confirming  a  violation  of  EC  law  must  be  pursued  vigorously  (so 
called  228  EC  cases).  Member  States  will  be  required  to  ensure  effective  and  efficient 
implementation of the rulings and will move quickly to each step of the 228 EC procedure in 
order to put pressure on national authorities. 

DG Internal Market and Services faces a real challenge related to the timely transposition of 
directives  related  under  its  responsibility.  The  transposition  deficit  for  directives  under  its 
responsibility  is  higher  than  the  overall  deficit  recorded  for  all  Internal  Market  legislation. 
The reasons for this are manifold, ranging from the sheer number of directives in a particular 
sector  to  be  transposed  more  or  less  at  the  same  time  (company  law  and  anti-money 
laundering)  to  the  complexity  of  transposing  the  directive  (the  new  Directive  on  mutual 
recognition  of  professional  qualifications  requires  up  to  a  hundred  national  transposition 
measures  in  some  MS).  In  2008  and  2009  priority will  be  given  to  assist  Member  States  in 
accelerating  transposition  and  vigorous  pursuit  of  infringement  procedures  for  late 
transposition to remedy current problems. This will require sustained and intensive efforts to 
accompany Member States in their work to transpose directives both at services level and the 
political  level.  Some  recently  adopted  Directives  have  just  become  applicable  as  their 
transposition was due in 2007.  

Moreover,  in  2008/2009  efforts  will  concentrate  on  preventive  actions  as  outlined  above  to 
ensure timely and correct transposition of new important  Directives.  The timely and correct 
transposition  of  the  Directives  in  the  area  of  company  law,  the  Services  Directive,  the  new 
Directive for Postal Services, the Solvency II Directive in the insurance sector, the Remedies 
Directive  and  the  Payment  Services  Directive  will  be  key  priorities.  One  of  the  most 

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significant challenges will be to analyse national measures notified in 23 national languages. 
This challenge is further accentuated by the sheer volume of national transposition measures 
in  some  sectors,  in  particular  in  the  area  of  company  law  and  professional  qualifications 
(hundreds  of  texts).  To  tackle  this  challenge  priority  is  given  to  provisions  whose  correct 
transposition is essential to achieve the policy objectives and/or ensure the good functioning 
of the relevant Directive. In some cases it has been decided to outsource a preliminary check 
of  the  national  legislation,  both  for  linguistic  and  volume  reasons.  The  Commission  will 
obviously remain in charge of a further and deeper control once a first screening has clarified 
the national situation. The final objective is to screen all texts in the medium term. 

Finally,  DG  Internal  Market  and  Services  will  continue  to  receive  a  large  volume  of  more 
general queries from citizens and businesses. They concern the interpretation of EC law in a 
specific sector, the practice within a Member State or difficulties rising from the behaviour of 
private  entities.  All  these  queries  will  treated  in  conformity  with  the  Code  of  Good 
Administrative  Conduct  and,  whenever  possible,  citizens  and  business  are  signposted  to 
competent  national  authorities  or  bodies  (sectoral  association,  regulators,  national  contact 
points, consumers associations, and in the financial services area to the FIN-NET227). Some of 
these queries, depending on the nature and the Member State involved, will be introduced into 
the  EU-pilot  system  active  from  2008  in  order  to  facilitate  or  complete  the  answer  to  be 
provided by the Commission.  

Petitions from the European Parliament 

DG  Internal  Market  and  Services  deals  with  a  considerable  number  of  petitions  from  the 
European Parliament. In 2007 around 130 communications were treated and 75 new petitions 
received. Questions linked to infringements are about a quarter of the overall correspondence 

Over half of the petitions concerned two sectors of activity. First was public procurement, 
accounting for around 30% of the petitions. Most of them were about town planning issues in 
Spain.  Some  of  the  questions  raised  by  the  petitioners  are  the  subject  of  infringement 
proceedings in respect of the legislation of the Valencia region (Spain) that the Commission 
regards  as  being  in  breach  of  the  Community  rules  on  public  procurement.  However,  some 
other  questions  raised  in  these  petitions  are  outside  the  Community's  competence  (for 
example, questions about the right of expropriation). 

Recognition of diplomas accounts for around 25% of the answers supplied. The continuation 
of infringement proceedings and the changes made by the Member States concerned produced 
solutions to some long-standing petitions, in particular for the provision of services by tourist 
guides and the question of ski instructors. 

The services sector comes next with some 20% of the answers. The petitions concern citizens' 
rights  in  respect  of  what  they  see  as  requirements  or  discrimination.  In  these  cases, 
examination of the situation reveals that a number of specific requirements are not necessarily 
in breach of Community law. In others, infringement proceedings are in progress, in particular 
concerning the chimneysweep monopoly in Germany and gambling. 

227  

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Finally, around 25% of the answers relate to the financial institutions sector plus company law 
and movement of capital. Some of the petitions concern the costs incurred by consumers for 
intra-Community  payment  operations,  which  in  most  cases  are  found  to  be  consistent  with 
European  rules.  In  the  banking,  insurance  and  company  law  areas,  some  of  the  petitions 
concern one-off questions relating to the scope of the petitioners' rights in relation to existing 
rules,  with  no  infringement  of  Community  law.  Other  more  complex  questions  have  to  do 
with the activities and liability of firms in relation to European rules. In most cases the replies 
sent refer to the responsibility of the supervisory bodies and national authorities. 

In  2007  some  ten  petitions  were  submitted  to  the  SOLVIT  network,  which  came  up  with  a 
solution in half of the cases..  

Following  a  series  of  petitions,  the  European  Parliament  on  19  June  2007  adopted  the 
recommendation of the Temporary Committee of Inquiry into the Crisis of the Equitable Life 
Assurance  Society  (EQUI).  The  EQUI  Report  contains  a  bold  chapter  on  the  role  of  the 
Commission  in  the  implementation  of  EU  legislation,  in  monitoring  of  implementation  in 
practice and the need to ensure a comprehensive approach to implementation. It emphasised 
the  need  for  a  more  comprehensive  approach  to  ensuring  effective  implementation  of  EU 
legislation and identified a number of necessary elements of such an approach. The committee 
put forward a number of recommendations on how to improve these perceived weaknesses. 

9.2  Analysis by sector 

9.2.1  Freedom to provide services and freedom of establishment (other than Financial 

Services) 

9.2.1.1  Current position 

–  work  in 2007 

A  key  priority  in  2007  was  the  substantial  work  necessary  to  assist  Member  States  in  the 
implementation  of  the  Services  Directive228  by  end  2009.  A  detailed  handbook  was 
established providing extensive and detailed guidance to Member States on the key elements 
in the Directive. In addition, regular meetings in expert groups and regular bilateral contacts 
with Member States took place throughout the year. 

Moreover, DG Internal Market and Services continued its action via infringement procedures 
in various areas concerning the Internal Market. As in previous years, the main sectors were 
the  posting  of  workers,  the  mobility  of  patients  and  reimbursement  of  medical  costs,  the 
establishment of pharmacies, gambling, authorisation of vehicle inspection organisations and 
other problems pertaining to the retail sector, such as setting up of shops and petrol stations. 

In the area of posting of workers, DG Employment is the lead service for the 2006 and 2007 
Communications  on  the  posting  of  workers,  but  DG  Internal  Market  and  Services  remains 
responsible for the infringement procedures dealing with the application of Article 49 of the 

228 

Directive  2006/123/CE  of  the  European  Parliament  and  of  the  Council  of  12  December  2006  on 
services in the internal market (OJ L 376, 27.12.2006, p. 36) 

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Treaty in this area. The elimination of obstacles to the posting of workers is a key aspect in 
the  work  to  ensure  the  functioning  of  the  Internal  Market  for  Services.  Following  a  Court 
judgment of October 2006 the Commission decided to address a letter of formal notice based 
on  article  228  of  the  Treaty  to  Austria  for  not  having  adapted  its  legislation  concerning  the 
conditions for posting of third-country nationals by EU companies229. In another case equally 
concerning the posting of third-country nationals, the Commission decided to refer Belgium 
to the Court of Justice for the conditions it imposes on EU employers providing cross-border 
services  who  want  to  post  non-EU  workers  to  Belgium,  even  if  the  workers  are  already 
working and living regularly in another Member State230. 

Concerning private security services, following a judgment against Spain from January 2006 
the Commission decided to send a reasoned opinion to Spain for not amending its legislation 
in line with the Court’s judgement231. Moreover, the Court adopted on 13 December 2007232 a 
judgement  against  Italy  which  must  now  put  its  legislation  on  private  security  services  in 
conformity with Articles 43 and 49 of the Treaty or else risk facing a procedure under Article 
228 of the Treaty. 

Concerning health services, in particular patient mobility and reimbursement of medical costs, 
a  reasoned  opinion  was  sent  to  France  concerning  a  case  in  which  the  costs  of  medical 
treatment  in  another  Member  State  were  not  reimbursed.  According  to  the  case  law  of  the 
Court of Justice, Member States cannot maintain a requirement of prior authorisation for the 
reimbursement of non-hospital treatment received in another Member State. At the same time, 
patients  receiving  hospital  treatment  in  another  Member  State  should  be  able  to  get 
reimbursement at least identical to what they would have been entitled had they received the 
service in France233. For similar reasons, the Commission has also sent a reasoned opinion to 
the United Kingdom and France due to the refusal of the authorities of those Member States 
to allow an additional reimbursement for costs incurred as a result of urgent hospital treatment 
received in another Member State234. The Commission has issued another reasoned opinion to 
the  United  Kingdom  for  failure  to  recognise  medical  prescriptions  issued  by  professionals 
authorised in other Member States but not registered in the United Kingdom. According to the 
Commission this constitutes a restriction on both the  freedom  of healthcare professionals to 
supply services and the patient's right235.  

Concerning establishment, the Commission decided to send formal requests to amend national 
rules  to  Portugal  regarding  conditions  for  the  establishment  of  shops236,  to  Spain  for 
conditions set to the establishment of large-scale distributors237, and to Italy on conditions set 
for fuel distribution238. Moreover, an official request for information was sent to Ireland under 

229 

230 
231 
232 
233 
234 
235 
236 
237 
238 

Those  companies  had  to  obtain  a  special  confirmation  the  issue  of  which  required,  firstly,  that  the 
worker must have been employed for at least one year by that undertaking or must have concluded an 
employment  contract  of  indefinite  duration  with  it  and,  secondly,  evidence  that  Austrian  employment 
and wage conditions were complied with. See IP/07/354 
IP/07/913 
IP/07/354 
Judgement of 13 December 2007, Case C-465/05 Commission v. Italy 
IP/07/1515 
IP/07/1132 
IP/07/354 
IP/07/904 
IP/07/1518 
IP/07/901 

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the form of a letter of formal notice on discriminatory restrictions on the granting of dwelling 
authorisations239, which may be limited to residents, or to relatives of residents. 

In  the  field  of  gambling,  formal  request  to  amend  national  rules  were  sent  to  Denmark, 
Finland,  Hungary240,  France  and  Sweden241.  In  addition,  the  Commission  sent  an  official 
request  for  information  to  Greece9.  The  complaints  concern  restrictions  on  the  provision  of 
sports  betting  services,  including  the  requirement  for  a  State  concession  or  licence,  even 
where a provider is lawfully licensed in another Member State. In this field, the preliminary 
ruling Placanica of the Court of justice adopted on 6 March 2007 has also to be mentioned242. 
In this judgement, the Court makes it clear once again that a Member State may not apply a 
criminal  penalty  for  failure  to  complete  an  administrative  formality  where  such  completion 
has  been  refused  or  rendered  impossible  by  the  Member  State  concerned,  in  breach  of 
Community law, as was the case in Italian law for gambling services. 

In two other cases243, the Commission decided to refer Germany and Austria before the Court 
of Justice. The German case concerned a bilateral agreement with Poland in the construction 
sector  allowing  German  undertakings  to  take  advantage  of  the  opportunity  afforded  by  that 
agreement  to  use  Polish  subcontractors  while  EU  companies  could  not  benefit  from  the 
agreement.  The  Austrian  case  concerned  legislation  on  patent  agents.  The  Commission 
considered the obligation of all patent agents legally established in another Member State to 
register  in  Austria,  to  hold  insurance  for  this  purpose,  to  be  subject  to  all  disciplinary  rules 
other  than  those  linked  to  professional  qualifications  and  to  work  together  with  a  local 
representative, as unjustified restrictions to Article 49 of the Treaty. 

Austria was involved in two other infringement procedures: the Commission decided first to 
formally  request  an  amendment  of  Austrian  rules  relating  to  bovine  artificial  insemination 
services.  It  also  sent  an  information  request  and  a  formal  request  to  amend  its  legislation 
under  Article  228  of  the  EC  Treaty  following  a  Court  judgement  of  December  2006  on 
inspection of boilers244. Both activities are restricted to providers established in Austria. 

The Commission also had to send a formal request of information under Article 228 of the EC 
Treaty to Italy following the Court judgement of July 2007245 on the activity of extrajudicial 
debt recovery, subject to a number of restrictions, notably an obligation to get a authorisation 
per region of activity, an obligation to have at disposal premises in each region of activity, as 
well as to display in those premises a list of the services which may be provided to clients. 

The  Commission  also  decided  to  close  a  number  of  cases  following  compliance  of  national 
legislation:  regarding  attribution  of  hydroelectric  concessions  in  Trentino-Alto  Adige246 
(which formally provided for preference to out-going concession-holders), the carrying out of 

239 
240 
241 
242 
243 
244 
245 
246 

IP/07/903 
IP/07/360 
IP/07/909 
Joined cases C-359/04 and C-360/04 
IP/07/1132 
IP/07/362 and IP/07/1516 
Judgement of 18 July 2007, Case C-134/05 Commission v Italy 
IP/07/912 

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cereals-related  commercial  activities  in  France,  and  the  grant  of  television  broadcasting 
licences in Germany247.  

In the area of postal services, the Commission continued its negotiations with the European 
Parliament (1st and 2nd readings) and Council throughout 2007 (Common Position see COM 
(2007) 695 final248).  

9.2.1.2  Changes underway (2008-2009)  

Work  continues  in  expert  groups  for  the  implementation  of  the  Services  Directive 
2006/123/EC  on  the  basis  of  three  strands  of  work:  horizontal  questions,  administrative 
cooperation  and  electronic  procedures.  In  addition  to  those  multilateral  expert  meetings, 
bilateral  contacts  with  Member  States  and  interested  parties  have  also  been  intensified.  In 
order to ease the task of Member States in the screening of their legislation, a common on-line 
tool (IPM) has been developed which national administrations can use to submit their reports 
to the Commission. Another means to assist the national administrations is the "Handbook on 
the  implementation  of  the  Services  Directive"  which  was  published  during  the  summer  of 
2007.  The  Commission  will  equally  strive  to  provide  assistance  to  MS  as  regards  the 
obligations  in  the  Directive  to  put  in  place  electronic  procedures.  An  inter-service  ad-hoc 
group  has  been  created  and  a  study  has  been  launched  in  the  framework  of  the  IDABC 
programme.  

A  second  implementation  report  of  the  98/84/EC  Directive  on  the  legal  protection  of 
conditional  access  services249  was  adopted  2008.  Simultaneously,  an  expert  group  has  been 
created  in  order  to  discuss  a  number  of  issues  linked  to  a  better  implementation  of  the 
Directive.  Additionally,  the  Commission  foresees  in  the  report  to  propose  to  the  Council  to 
ratify Convention on the Legal Protection of Services based on, or consisting of, Conditional 
Access250 adopted by the Council of Europe on 24 January 2001. At the time of its adoption, 
the  Directive  mainly  aimed  at  the  protection  of  existing  pay-TV  services  against  piracy. 
However,  its  definitions  already  encompassed  nascent  Information  Society  services  and  the 
directive is very valuable in the new media landscape. 

The  new  postal  services  Directive  has  been  adopted  at  the  beginning  of  2008251.  The  new 
postal  service  Directive  represents  an  important  step  forward  to  enhance  competition  in  the 
postal  market.  Specific  actions  to  accompany  the  transposition  and  to  facilitate  its  proper 
application have been planned. The Commission has started to look ahead to accompany and 
follow-up  its  implementation.  Initiatives  for  the  next  two  years  will  include  appropriate 

247 
248 

249  

250

251  

IP/07/1519 
Communication from the Commission to the European Parliament pursuant to the second subparagraph 
of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a 
Directive of the European Parliament and of the Council amending Directive 97/67/EC concerning the 
full accomplishment of the internal market of Community postal services 
Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal 
protection of services based on, or consisting of, conditional access -  OJ L 320, 28.11.1998, p. 54–57. 

http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=178&CM=8&DF=8/12/2

008&CL=ENG. 
Directive  2008/6/EC  of  the  European  Parliament  and  of  the  Council  of  20  February  2008  amending 
Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal 
services, OJ L 52, 27.2.2008, p. 3–20 

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organisation  of  the  conformity  assessment,  the  initiation  of  enhanced  administrative  co-
operation  and  the  creation  of  working  groups  of  the  Postal  Directive  Committee  to  address 
specific  (implementation)  issues.  A  Transposition  Plan  will  assess  in  detail  the  risks  of 
incomplete, deficient or late implementation of Directive 2008/06/EC by Member States and 
envisage  a  series  of  specific  actions  to  ensure  real  market  opening,  fair  competition  and  a 
level  playing  field.  In  addition  to  transposition  workshops,  a  high  level  "Kick-Off 
Conference" takes place on 24 June 2008 with Member States, national regulatory authorities, 
key stakeholders and consumers. An Inventory of actual and potential market entry barriers is 
also under preparation. 

9.2.1.3  Evaluation 

The adoption of Directive 2006/123/EC (the Services Directive) will oblige Member States to 
radically change their perspective and practices. A key priority will be, therefore, the ongoing 
work  to  ensure  the  timely  and  correct  transposition  of  the  Services  Directive.  The 
implementation process will be monitored by holding further regular expert group meetings as 
well  as  bilateral  meetings  with  each  Member  State  and  by  the  increased  involvement  of 
stakeholders.  Specific  actions  are  being  discussed  with  Member  States  as  regards  the 
obligations in the Directive to put in place electronic procedures. In parallel, specific work to 
put in place the administrative cooperation obligations in the Directive (on the basis of IMI-
the  Internal  Market  Information  system)  is  being  undertaken.  This  intensive  programme  of 
work  reflects  the  priority  accorded  to  this  wide-ranging  instrument  and  the  importance 
attached to it by the Community legislator.   

At the same time the Commission will focus on some aspects which remain outside the scope 
of the Services Directive. Priority will be given to cases where the violation relates to a major 
policy priority, e.g. violations of Art. 43 or 49 EC in areas such as health services and private 
security  services.  Clear  discriminations  or  cases  concerning  entire  categories  of  services 
providers  will  be  treated  as  priorities  as  well,  in  particular  sectors  like  retail  services 
(including e-commerce), pharmacies, gambling, media and certification services.  

The  volume  and  variety  of  issues  that  arise  in  the  services  sector,  and  at  different  times, 
makes  it  difficult  to  plan  ahead  which  makes  the  prioritisation  of  the  work  all  the  more 
important.  Only  in  this  way  can  the  Commission  best  fulfil  its  obligations  to  ensure  the 
correct  application  of  the  law  and  ensure  that  its  resources  are  deployed  in  an  efficient 
manner. The situation is considered to be reasonably stable on present conditions. 

In the area of postal services the transposition, conformity assessment and management work 
will provide the main focus for the coming years. However, to ensure that that the main policy 
objective  of  the  new  Directive,  the  full  liberalisation  of  postal  services,  is  achieved,  further 
measures will be taken as appropriate to address barriers/measures which may undermine the 
achievement  of  this  objective,  including  the  pursuit  of  infringement  proceedings  against 
Member States for violation of Articles 43 and 49 in this sector.   

9.2.2  Financial Services 

9.2.2.1  Current position 

 Work  in 2007 

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In  the  area  of  securities  markets,  the  transposition  of  the  Markets  in  Financial  Instruments 
Directive252 (MiFID) and its implementing Directive 2006/73/EC253 were subject to important 
delays. The deadline for transposition of both measures was the  31st January 2007, whereas 
the  date  of  application  was  1st  of  November  2007.  Twenty-five  Member  States  had  not 
transposed  either  of  the  measures  by  31  January  2007,  whereas  eleven  had  not  transposed 
MiFID by the 1st November 2007 and thirteen had not transposed directive 2006/73/EC by 13 
November 2007. The deferred date of application was meant to give investment firms the time 
to adapt to the new provisions. The late transposition caused problems for firms as far as the 
adaptation to the new provisions was concerned, but also with regard to their continuation of 
business  where  their  home  Member  State  had  not  transposed  by  the  1st  November  2007. 
Further, investment firms from Member States not having transposed could not acquire new 
passports  and  provide  the  new  investment  services  under  MiFID  in  other  Member  States. 
Finally,  the  failure  to  transpose  on  time  could  trigger  potential  liability  issues  for  Member 
States.  

In  April  2007  the  Commission  launched  47  non-communication  infringement  cases  for  late 
transposition.  In June  2007 46 reasoned opinions  were addressed to the Member States that 
still  had  failed  to  notify  the  transposition  of the  two  afore-mentioned  directives.  The  matter 
was  raised  in  a  meetings  of  the  European  Securities  Committee  with  a  view  to  accelerating 
transposition  and  ensure  consistent  application  of  the  MiFID.  The  Transposition  deficit  was 
reduced significantly in the following months and 20 of those cases were eventually closed by 
the  end  of  2007.  In  addition,  the  Commission  closed  one  outstanding  infringement  case 
concerning  the  non-communication  of  national  measures  transposing  the  Prospectus 
Directive254 and finalised  the quality check of the Prospectus directive 2003/71/EC in 2007. 

The  conformity  assessments  of  national  transposition  measures  were  delayed  by  late 
notifications, lacking transposition tables and significant time delays due to translations. Even 
where  explicitly  required  by  the  Directives  concerned  (e.g.  Directive  2006/73/EC),  many 
transposition tables were received much later than the legislative transposing measures. This 
also led to much more work for the translation services who had to translate several complete 
legislative  texts  per  Member  State.  Moreover  additional  translations  were  needed  since  the 
format  provided  for  transposition  tables  (i.e.  the  indication  of  complete  provisions)  was  not 
respected by the majority of Member States. 

In order to get a good overview of whether the directives in the securities' sector had produced 
the intended effects, several meetings of the European Securities Markets Expert group took 
place with representatives of the industry. A database with questions and answers, providing 
stakeholders with non binding advice on issues of interpretation concerning MiFID, was also 
launched  by  DG  Internal  Market  and  Services.  Finally,  Commission  services  published  a 

252 

253 

254 

Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in 
financial  instruments  amending  Council  Directives  85/611/EEC  and  93/6/EEC  and  Directive 
2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC 
(OJ L 145, 30.4.2004, p. 1) 
Commission  Directive  2006/73/EC  of  10  August  2006  implementing  Directive  2004/39/EC  of  the 
European  Parliament  and  of  the  Council  as  regards  organisational  requirements  and  operating 
conditions  for  investment  firms  and  defined  terms  for  the  purposes  of  that  Directive  (OJ  L  241, 
2.9.2006, p. 26) 
Directive  2003/71/EC  of  the  European  Parliament  and  of  the  Council  of  4  November  2003  on  the 
prospectus  to  be  published  when  securities  are  offered  to  the  public  or  admitted  to  trading  and 
amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64) 

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series  of  questionnaires  and  tables  on  the  progress  of  implementation  as  far  as  MiFID  was 
concerned. 

In 2007 work was also conducted on several of the reports required foreseen in Article 65 of 
MiFID.    A  report  on  the  continued  appropriateness  of  the  requirements  for  professional 
indemnity insurance imposed on intermediaries under Community law was published in April 
2007.  The  report  on  non-equities  market  transparency,  pursuant  to  Article  65(1)  of  MiFID, 
was published in April 2008. On commodity derivatives, the Commission services published 
a  feedback  statement  with  regard  to  the  public  call  for  evidence  on  commodity  and  exotic 
derivatives and related business in August 2007. The Commission services thereafter issued 
three  mandates  for  advice  in  December  2007.  The  first  mandate  was  addressed  to  the 
Committee  of  European  Securities  Regulators  and  the  Committee  of  European  Banking 
Supervisors for advice on commodity and exotic derivatives and related business. The second 
mandate was addressed to the European Securities Markets Experts group. Separately, in the 
context of the third legislative package for electricity and gas adopted by the Commission on 
19  September  2007,  a  final  mandate  was  issued  to  the  Committee  of  European  Securities 
Regulators  and  European  Regulators'  Group  for  Electricity  and  Gas  for  advice  on 
transparency and record-keeping for energy supply contracts and derivatives. The advice will 
be received during the second half of 2008.  .  

In  the  area  of  asset  management,  the  Commission  requested  Member  States  to  provide 
updates  on  their  progress  with  the  transposition  of  Directive  2007/16/EC255.  A  special 
questionnaire  was  sent  to  the  Member  States  before  the  European  Securities  Committee 
meeting of 8 November 2007. The aim of the questionnaire was also to identify the need for 
transposition workshops. Responses from Member States did not indicate major problems. In 
view  of  the  response,  there  was  no  need  for  special  workshops  to  be  organised  by  the 
Commission. The transposition of the Directive will be verified in the course of 2008.  

As  far  as  the  insurance  sector  in  2007  is  concerned,  the  Court  of  Justice  ruled  on  a  case 
referred  in  2004  with  regard  to  Spanish  legislation  allowing  policyholders  to  cancel  their 
insurance  contracts  in  case  of  a  transfer  of  insurance  portfolios  where  the  portfolio  transfer 
has  a  cross-border  dimension  256.  In  the  judgment  delivered  on  18  July  2007,  the  Court  of 
Justice did not follow the Commission’s line of reasoning in an infringement case. The Court 
pointed out that the Directives in question (92/49/EEC257 and 2002/83/EC258) did not impose 
a  specific  obligation  on  Member  States  as  to  the  modalities  of  cancellation  of  insurance 
contracts and hence do not prohibit discrimination between internal and cross-border transfers 
of portfolios. 

As  regards  the  transposition  of  Directives  by  the  Member  States,  non-communication  cases 
had to be launched in the insurance sector against several Member States with regard to the 

255 

256 
257 

258 

Commission Directive 2007/16/EC of 19 March 2007 implementing Council Directive 85/611/EEC on 
the  coordination  of  laws,  regulations  and  administrative  provisions  relating  to  undertakings  for 
collective  investment  in  transferable  securities  (UCITS)  as  regards  the  clarification  of  certain 
definitions (OJ L 79, 20.3.2007, p. 11) 
Judgment of 18 July 2007, Case C-501/04 Commission v. Kingdom of Spain 
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) (OJ L 228, 11.8.1992, p. 1) 
Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning 
life assurance (OJ L 345, 19.12.2002, p. 1) 

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failure  to  transpose  Directive  2005/14/EC  (the  5th  Motor  Insurance  Directive259)  by  11  June 
2007. Some non-communication cases also had to be launched against Bulgaria and Romania 
with  regard  to  the  failure  to  transpose  some  Directives  in  the  field  of  insurance.  An 
infringement  was  also  launched  concerning  Directive  2002/92/EC  (the  insurance  mediation 
Directive260). 

In the banking sector, 30 infringement proceedings were started in 2007 against several (EU 
25)  Member  States  for  failure  to  transpose  the  so-called  'Capital  Requirement  Directive' 
(CRD)  which  lays  down  the  capital  requirements  for  banks  and  investment  firms261.  They 
were terminated in the same year following the notification of the implementing measures by 
the Member States concerned. The proceedings were continued against two Member States as 
transposition was not complete. An infringement case against one Member State for failure to 
transpose  Commission  Directive  2006/29/EC  making  technical  amendments  to  the  CRD262 
was  closed.  Infringement  proceedings  were  commenced  against  7  Member  States  for  non-
communication of the measures implementing Commission Directive 2007/18/EC which also 
amended  technical  provisions  of  the  CRD263.  An  infringement  proceeding  was  continued 
against  France  as  a  follow-up  to  a  preliminary  ruling  of  the  Court  of  Justice  which  had 
regarded  the  prohibition  to  pay  interest  on  current  accounts  as  incompatible  with  the  EC 
Treaty 264. 

In  the  context  of  a  preventive  approach  the  'Capital  Requirements  Directive  Transposition 
Group' (CRDTG), set up in 2006 in order to pre-empt divergences in the transposition of the 
CRD,  continued  its  work  of  discussions  and  clarification.  It  answered  about  100 
interpretation/implementation  issues  raised  by  national  authorities  and  the  banking  industry. 
At the end of 2007, the CRDTG had posted over 300 answers to FAQs on the Commission 
website265. 

In the payment systems sector, ahead of the transposition deadline for the Payment Services 
Directive  (PSD)266  set  for  1  November  2009,  a  Payment  Services  Directive  Transposition 
Group (PSDTG) has been set up to discuss and prepare the transposition of the PSD with the 
task  of  comparing  approaches  and  choices  made  by  Member  States,  of  highlighting  any 
implementation problem at an early stage and providing a better and consistent understanding 
of the PSD provisions. Bilateral meetings with national administrations and experts involved 

259 

260 

261 

262 
263 
264 

265  
266 

Directive  2005/14/EC  of  the  European  Parliament  and  of  the  Council  of  11  May  2005  amending 
Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of 
the European Parliament and of the Council relating to insurance against civil liability in respect of the 
use of motor vehicles (OJ L 149, 11.6.2005, p. 14) 
Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance 
mediation (OJ L 9, 15.1.2003, p. 3) 
The CRD consists of two Directives: Directive 2006/48/EC relating to the taking up and pursuit of the 
business  of  credit  institutions  (OJ  L  177,  30.6.2006,  p.  1)  and  Directive  2006/49/EC  on  the  capital 
adequacy of investment firms and credit institutions (OJ L 177, 30.6.2006, p. 201). The CRD was to be 
transposed in national law by 31 December 2006 
OJ L 70, 9.3.2006, p. 50 
OJ L 87, 28.3.2007, p. 9 
Judgement  of  5  October  2004,  Case  C-442/02,  Caixa-Bank  France  v  Ministère  de  l'Économie,  des 
Finances et de l'Industrie 
http://ec.europa.eu/internal_market/bank/regcapital/transposition_en.htm 
Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment 
services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC 
and repealing Directive 97/5/EC (OJ L319, 5.12.2007, p. 1) 

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in the transposition task at working level have already taken place in order to enable Member 
States to ensure a timely and consistent transposition. 

Toward the end of 2007, the Commission invited Member States to notify the measures which 
had already been adopted or which they planned to adopt in order to implement the obligation 
under  Article 15(1)  of  Regulation  (EC)  1781/2006  of  the  European  Parliament  and  of  the 
Council on information on the payer accompanying transfers of funds267 which provides for 
the obligation to lay down effective, proportionate and dissuasive penalties in national law for 
failure to comply with this Regulation. These measures should apply as of 15 December 2007. 
Following this preventive action, 12 Member States (BE, BG, DE, EE, EL, FR, CY, LV, HU, 
AT, SK and UK) notified to the Commission the required measures. 

Concerning  statutory  audits  three  transposition  workshops  were  organised  in  2007  to  assist 
Member States in the transposition of the Directive 2006/43/EC on statutory audits of annual 
accounts  and  consolidated  accounts268.  Moreover,  several  bilateral  meetings  were  organised 
with Member States in order to discuss individually the problems linked to its transposition. A 
reasoned  opinion,  for  non  conformity  with  Article  49  of  the  Treaty,  was  sent  for  one  case 
against  France.  In  order  to  facilitate  establishment  of  public  oversight  systems  by  Member 
States required the Directive 2006/43/EC, (major risk factor for transposition of the Directive 
2006/43/EC),  an  Expert  Group,  the  "European  Group  of  Auditors'  Oversight  Bodies" 
(EGAOB) worked on exchanging good practice concerning the establishment these systems. 

9.2.2.2  Changes underway (2008-2009)  

In the area of financial services priority will be given to a thorough, risk-based assessment of 
the  quality  of  transposition  of  relevant  directives.  A  completeness  check  of  Directives 
2004/39/EC and 2006/73/EC started in 2007 and will be finalised in the first half of 2008 for 
the  twenty-four  Member  States  having  completely  transposed  by  that  date.  Thereupon,  a 
quality  check  of  Directives  2004/39/EC  and  2006/73/EC  starts  in  the  1st  half  of  2008.  This 
check  is  done  on  the  basis  of  a  risk  based  assessment  and  with  the  help  of  questionnaires 
addressed to Member States and industry 

In  the  insurance  sector  the  key  change  and  challenge  ahead  is  the  proposal  for  a  directive 
called  "Solvency  II"  Directive  has  been  tabled  in  2007269.  The  proposal  is  currently  under 
discussion  in  Council  and  Parliament.  Formal  adoption  is  only  expected  in  2009  and 
transposition  by  late  2012.  The  Directive  will  provide  for  a  transposition  period  of  about  3 
and  a  half  years  so  that  implementing  measures  needed  to  make  the  new  framework 
completely  operational  are  adopted  beforehand.  Intensive  work  intended  to  prepare  its 
transposition  and  proper  application  will  not  start  before  2009.  It  follows  the  Lamfalussy 
process and will provide for a transposition period of about 3 and a half year. The insurance 
sector  will  see  important  changes  with  the  adoption  of  the  "Solvency  II"  Directive.  It  is 
intended to modernise the evaluation and calculation of risks and therefore will provide for a 
new, prospective, economic and risk based approach putting much greater emphasis on sound 
risk  management  and  robust  internal  controls  by  insurance  undertakings.  In  addition  it  will 
also  profoundly  influence  the  way  in  which  supervision  is  carried  out  by  the  competent 
supervisory authorities. It also contains a new approach as regards insurance groups. It is far 

267 
268 
269  

OJ L 345, 8.12.2006, p. 1 
OJ L 157, 9.6.2006, p. 87 
Quote missing 

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too  early  to  anticipate  what  will  be  the  effects  and  consequences  of  the  new  Directive.  The 
main  current  challenge  (evaluation  of  the  transposition  of  Directive  2005/68/EC  on 
reinsurance) has already been mentioned and analysed, in depth and in detail. 

In addition to this work, conformity check of Directives transposed remains a key challenge. 
In the insurance sector, the non-communication phase affords the opportunity to press home 
the  need  for  a  comprehensive  and  updated  concordance  table  and  then  to  check  the 
substantive  conformity  of  the  transposition.  This  has  been  the  approach  followed  for  all 
Directives adopted since 2000 and also the initial/1st stage approach as regards the conformity 
assessment of Directive 2005/68/EC on reinsurance. 

As  to  the  consequences  of  the  conformity  check  concerning  recently  adopted  Directives,  in 
relation  to  Directive  2005/68/EC  as  well  as  in  relation  to  Directive  2005/14/EC  (5th  motor 
insurance Directive) the initial non-communication infringements' phase is still ongoing.  As 
regards  Directive  2002/92/EC  (insurance  mediation)  and  Directive  2003/41/EC  (pension 
funds), infringement procedures for substantial breaches of those Directives are ongoing. No 
infringement  procedures  exist  (for  non-communication  or  for  substantial  breaches  of  the 
Directive)  as  regards  Directives  2000/26/EC  (4th  motor  insurance  directive),  2001/17/EC 
(winding-up of insurance undertakings), 2002/13/EC (solvency margin) and 2002/83/EC (life 
assurance recast Directive). 

The implementation of the Directive on Reinsurance (2005/68/EEC) was due by 10.12.2007, 
but  not  all  Member  States  have  completed  their  transposition  process.  In  2008  and  2009 
works  will  have  to  focus  on  pursuing  infringements  for  those  countries  which  have  not  yet 
transposed. On the other hand, the conformity check will be structured following consultation 
with  the  industry  an  regulators  so  as  to  ascertain  the  most  important  provisions  of  the 
Directive that need to be especially monitored. 

In  the  payment  system  sector  work  will  continue  to  support  Member  States  in  the 
transposition of the Payment Services Directive (PSD)270. Ahead of the transposition deadline 
for  the  directive  and  following  a  specific  transposition  plan,  a  Payment  Services  Directive 
Transposition  Group  (PSDTG)  will  work  to  compare  approaches  and  choices  made  by 
Member States, highlight any implementation problem at an early stage and providing a better 
and  consistent  understanding  of  the  PSD  provisions.  In  parallel,  bilateral  meetings  with 
national administrations and experts involved in the transposition task at working level should 
enable  Member  States  a  timely  and  consistent  transposition.  The  payments  industry,  other 
stakeholders  and  the  European  citizens  will  play  an  important  role  in  spotting  flaws  or 
distortions  during  the  implementation  process  and  signalling  them  to  the  Commission 
services.  To  serve  this  purpose  an  interactive  web  page271,  operated  through  a question  and 
answer approach, is open to everyone interested in the transposition process of the PSD. 

On 23.4.2008 the Commission proposed amendments to the Settlement Finality Directive and 
the Financial Collateral Arrangements Directive (2002/47/EC). Adoption by the Council and 
the  EP  of  these  amending  directives  will  hopefully  take  place  by  the  end  of  2008. 

270 

271 

Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment 
services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC 
and repealing Directive 97/5/EC (OJ L 319 of 5.12.2007, p. 1). 
http://ec.europa.eu/internal_market/payments/framework/transposition_en.htm 

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Amendments were justified by the need to realign both directives with evolving market and 
regulatory practices. 

As  for  the  credit  institutions  legislation272,  the  national  implementing  measures  for  the 
Capital  Requirements  Directives  amount  to  several  thousands  of  pages.  Work  continues  to 
check the conformity of the national measures. A report is due at the end of 2008. The report 
should  help  the  Commission  to  identify  cases  of  non  compliance  of  national  laws  with  the 
CRD and where will be appropriate follow up. 

Furthermore,  in  the  banking  sector amendments  to  the  Capital  Requirements  Directives  are 
planned  for  2009  in  order  to  refine  and  update  certain  provisions.  Work  to  prepare 
implementation could take place in late 2009-2010 and might include Committee discussions, 
Committee guidelines and, if necessary, transposition workshops. 

In  the  field  of  company  law  and  anti-money  laundering  timely  transposition  is  an  issue. 
Taking into account the significant number of directives which have been recently adopted in 
the  field  of  company  law  and  anti-money  laundering,  monitoring  the  transposition  of 
directives in the area of company law requires particular efforts. In the first months of 2008, 
the  late  adoption  of  transposition  measures  by  Member  States  led  to  100  infringement 
procedures. A high volume of national transposition measures will have to be checked in 2008 
and 2009. Some modalities of transposition may render the check complex, as it is the case 
when the transposition measures are "hidden" in a wider legal instrument which is adjusted to 
comply  with  a  new  EU  requirement  (i.e.  the  Code  of  Commerce  is  communicated  as  a 
transposition  measure  even  if  only  a  few  articles  have  been  modified  to  transpose  a  given 
directive). Especially in those cases, concordance tables are essential to facilitate the check of 
completeness. Unfortunately they are not always compulsory under the directives and many 
Member States show a big reluctance to communicate them, even on an informal basis. The 
need of translation into working languages of thousands of pages of national legislation is an 
added  difficulty.  In  the  short  term,  although  burdensome,  bilateral  contacts  with  Member 
States  prove  to  be  the  most  efficient  manner  to  get  targeted  information  to  carry  out  the 
technical legal analysis. However, more systematic mechanisms need to be looked at for the 
future.  To face these challenges an Action Plan has been established in 2008. It covers both 
measures  to  deal  with  the  high  number  of  infringement  cases  for  non  communication  of 
national  measures  and  to  prevent  new  infringements.  It  includes  strengthened  cooperation 
with  national  authorities,  straightforward  management  of  infringement  cases  and,  when 
necessary,  increased  political  pressure.  A  transposition  scoreboard  is  also  published  on  the 
internet  on  a  monthly  basis.  The  different  initiatives  covered  by  the  Action  Plan  are 
complementary.  Their  synergy  has  already  started  to  bring  positive  results  and  80  non 
communication cases have been either closed or referred to the Court of Justice in 2008.  

Without  prejudice  to  the  assessments  driven  by  specific  complaints,  at  a  first  stage,  the 
conformity checks are done on the basis of a risk-based approach. The risk is assessed taking 
into  account  both  the  nature  of  the  directives  (e.g.  whether  a  given  directive  completes  or 

272  

Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the 
taking  up  and  pursuit  of  the  business  of  credit  institutions  (recast)  and  Directive  2006/49/EC  of  the 
European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms 
and credit institutions (recast)  

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adjusts  a  well  settled  regime  or  creates  a  new  one)  and,  within  each  directive,  of  the 
provisions  concerned  (e.g.  whether  the  relevant  provisions  entail  possibilities  or  obligations 
for Member States). 

Also  in  the  context  of  anti-money  laundering,  the  implementation  of  Regulation  1781/2006 
leaves  to  Member  States  the  introduction  of  an  appropriate  regime  of  sanctions.  National 
measures  will  have  to  be  checked.  In  the  absence  of  notified  measures,  15  infringements 
procedures were opened at the beginning of 2008 in this respect and will need close follow-
up. 

Concerning auditing transposition workshops and bilateral meetings with Member States are 
organised in order to insure accurate and timely transposition of the Directive 2006/43/EC. In 
case  of  further  needs,  those  transposition  workshops  and  meetings  could  be  continued  even 
after the transposition deadline of the Directive. The expert Group, the "European Group of 
Auditors' Oversight Bodies" (EGAOB) will also continue to work on facilitating co-operation 
between public oversight bodies established by Member States according to the Directive. 

In the field of accounting, the Directive 2006/46/EC amending in particular some provisions 
of the 4th Company Law Directive and of the 7th Company Law Directive shall be transposed 
by Member States by 5 September 2008. After that date, the Commission Services will need 
to carry out the check of the transposition measures. 

Finally,  two  important  review  processes  aiming  at  a  better  functioning  of  the  respective 
legislation  should  be  completed  in  2008:  the  E-Money  Directive  (EMD273)  and  Regulation 
(EC) No 2560/2001  on  cross-border  payments  in  euro274.  The  report  on  the  application  of 
Regulation  2560/2001  on  cross-border  payments  in  euro  (COM(2008)64  of  11.2.2008)  will 
trigger  a  revision  of  the  Regulation  in  order  to  address  the  identified  implementation 
problems,  to  better  reflect  the  changed  brought  by  the  Single  Euro  Payments  Area  (SEPA), 
and to align the Regulation with the recently adopted Payment Services Directive (PSD). 

9.2.2.3  Evaluation  

Secondary  legislation  is  in  permanent  development  in  the  financial  services  area,  although 
the main pillars have been already established following the Financial Services Action Plan 
launched  in  1999.  The  new  acquis  requires  a  continuous  and  close  monitoring  of  national 
measures  to  ensure  timely  and  proper  transposition.  Further,  some  directives  require  the 
Commission to report on a number of key provisions that will allow to better evaluate their 
impact  and  to  determine  possible  problems  that  need  to  be  addressed.  In  this  area  the 
permanent dialogue within the various sectoral committees – including the committees of the 
supervisors  275–  contributes  to  avoid  significant  deviations  from  the  relevant  EC  law. 
Convergence in the supervisory practices is also one of the key objectives in this area. Where 
existing, these inconsistencies are immediately identified and often remedied even before the 
transposition process is completed. In the banking area some potential infringements could be 
tackled and solved in 2007 thanks to the dialogue within the sectoral committee. Due to peer 
pressure  and  a valuable  technical  expertise within the committee, Member States concerned 

273 

274 
275  

Directive  2000/46/EC  on  the  taking  up,  pursuit  of  and  prudential  supervision  of  the  business  of 
electronic money institutions (OJ L 275 of 27.10.2000, p. 39). 
OJ L 344 of 28.12.2001, p. 13. 
CEBS in the banking sector, CEIOPS in the insurance sector and CESR in the securities sector 

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accepted to modify their legislation. In the financial services area, the Committee of European 
Securities Regulators helped find a practical transitional solution to ensure business continuity 
for firms from Member States that were late in transposing Directive 2004/39/EC.  

In the financial services sector, such as the insurance sector, experience has shown that the 
main structural problems (apart from the accession of new MS or political crisis) are given by 
the  complexity  of  the  legislation  adopted  sometimes  in  several  steps  according  to  the 
Lamfalussy process. To tackle this problem seminars explaining the legislation have already 
been  organised  and  regular  contact  with  Member  States  is  maintained  via  the  relevant 
Committees  (mainly  the  European  Insurance  and  Occupational  Pensions  one)  and  their 
working  groups  and  also  by  using  the  package  meetings.  For  the  Solvency  II  proposed 
Directive  a  longer  transposition  period  (of  around  3  years)  is  planned  (with  the  so  called 
"level  2"  measures  under  the  Lamfalussy  process  adopted  around  1  year  before  the  final 
implementation date). The same complexity creates problems in transposition which may also 
be  of  substance  (problems  of  interpretation,  for  instance,  or  of  misapplication,  either  in 
general or in specific individual cases).  

As  regards  the  problem  of  late  transposition,  Member  states  are  regularly  alerted,  in 
Committee meetings, package meetings and/or specific transposition meetings/seminars of the 
transposition deadline(s) and on the need to provide concordance tables. If there is no timely 
transposition  despite  repeated  reminders  the  infringement  procedure  is  set  in  motion,  and 
reminders keep being made at meetings like those mentioned above 

As for conformity issues, the main problems concern BG and RO and to some extent some of 
the newer MS (CZ, PL) but overall conformity is globally good. As regards newer Directives 
(2005/14/EC,  5th  Motor  Insurance,  2005/68/EC,  reinsurance), the  problems are spread  fairly 
equally  between  "old"  and  "new"  Member  States.  When  you  join  both  parts,  new  MS  (BG, 
RO, CZ, PL) will be the lesser performing Member States. 

Regarding  the  work  on  complaints  and  infringements  the  workload  is  likely  to  increase  in 
2008. This does not derive, however, from any persistent or structural problem but rather from 
the  ever  greater  awareness  of  citizens  of  their  rights,  the  increase  in  legislation  and  in  the 
number  of  Member  States.  This  implies  a  likely  increase  in  flow  of  work  and  the 
corresponding need to define and establish priorities. Priority will be given infringements for 
non-communication  of  transposition  measures,  non-respect  of  an  ECJ  judgement  and  cases 
that show a breach of a fundamental freedom or principle of the EC Treaty or a breach of a 
Directive which is either blatant or affects individual persons.  

As  to  the  banking  sector  two  particular  issues  can  be  highlighted  in  respect  of  the 
transposition of the Banking Directives: First, Member States' authorities that are actually in 
charge of transposition are often unaware about the need to notify the measures electronically 
to the Commission, leading to major delays when assessing infringement cases. Second, even 
though required by the Directives, some Member States did not submit transposition  tables, 
making  transposition  checks  burdensome  and  difficult.  It  seems  worthwhile  to  consider  the 
pursuit of such cases that, although minor, impede the proper control of implementation. The 
contractor  entrusted  with  the  preliminary  check  of  the  transposition  of  the  CRD  has  been 
requested to pay particular attention to provisions regarded as a priority either because their 
breach  would  result  in  higher  costs  for  cross-border  banking  groups  or  because  their 
interpretation is controversial. Priority will be given to the enforcement of these provisions. 

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As  provided  for  in  Article  31  of  the  Prospectus  Directive  (2003/71/EC),  the  Commission  is 
finalising  the  assessment  of  the  application  of  this  Directive,  which  will  be  presented  in  a 
form of a report to the European Parliament and the Council, accompanied where appropriate 
by proposal for its review. The report will be delivered in the first quarter of 2009.   

Notwithstanding  the  delay  in  four  Member  States,  the  implementation  of  the  Directive 
2006/48/EC  is  potentially  satisfactory.  In  the  late  four  Member  States  draft  laws  are  under 
discussion in the parliament and should all be adopted by the second semester of 2008. The 
preparation  of  the  Commission  study  to  assess  correct  transposition  in  Member  States,  due 
after  2009,  will  require  close  monitoring  with  the  national  correspondent  group  to  deeply 
harmonise national assessment reports 

In  the  field  of  company  law  and  anti-money  laundering  a  significant  number  of  directives 
have  been  recently  adopted.  The  deadlines  for  transposition  of  Directives  2004/109/EC, 
2005/56/EC,  2005/60/EC,  2006/70/EC,  2007/14/EC  and  2006/68/EC  have  recently  passed. 
The  deadlines  for  the  transposition  of  Directives  2007/36/EC,  2007/63/EC  and  2006/46  are 
still pending. The nature of the EU directives in these fields varies from one case to the other. 
While  some  recent  directives  modify  slightly  or  complete  former  directives  (i.e.  Directive 
2006/70/EC,  which  includes  implementing  measures  to  the  Third  Anti-Money  Laundering 
Directive),  others  introduce  a  set  of  new  rules  (i.e.  Directive  2007/36/EC  on  Shareholders' 
Rights).  

9.2.3  Free movement of capital (Articles 56 et seq. EC) 

9.2.3.1  Current position 

 Work  in 2007 

2007  has  been  an  active  year  in  the  area  of  capital  movements.  Prioritisation  has  permitted 
DG  Internal  Market  and  Services  to  concentrate  its  resources  on  the  more  important 
infringement cases without any detrimental impact on the treatment of complaints. 

The  majority  of  the  infringement  cases  opened  in  2007  was  related  to  different  kinds  of 
special  rights  that  governments  maintain  in  private  or  privatised  companies  on  the  basis  of 
framework  laws  governing  privatisation  or  other  laws  applicable  to  particular  companies  or 
sectors. An increasing number of these free movement of capital infringement cases concern 
regulated sectors and in particular the energy sector. Reasoned opinions were sent to Portugal 
for the special rights regime in place in the main energy companies EDP and GALP, as well 
as to Poland for its framework law on special powers in companies of special importance for 
public order or public security. Spain was referred to the ECJ for its legislation defining the 
functions of the energy regulator in relation to acquisitions of energy companies276. Several 
new  cases  related  to  special  rights  or  other  restrictions  of  the  free  movement  of  capital  in 
energy companies were further examined in 2007. They concerned Austria, Germany, Greece, 
Hungary, Romania and Slovakia.  

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C-207/07 

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Not  related  to  the  energy  sector,  an  infringement  procedure  against  the  Netherlands  was 
closed  after  notification  of  measures  to  comply  with  a  2006  ECJ  ruling277.  This  ruling  had 
found that the special rights of the Dutch State in Koninklijke KPN N.V. and TNT Post Groep 
N.V. were incompatible with the free movement of capital. Several other cases were closed as 
a result of fruitful discussions with Member States and the clarification of, or amendments to 
contested provisions before the stage of court referral was reached or a reasoned opinion sent. 
They  concerned  special  rights  in  a  Luxembourg  satellite  company,  restrictions  on  the 
acquisition of domestic Italian banks and a non-compete clause in the privatisation agreement 
of a Polish bank. Discussions with the Member States on cases open some years ago resulted 
in  satisfactory  amendments  of  the  contested  legal  provisions  and  the  closure  of  the  cases. 
They concerned the French legislation which prevented football and other professional sports 
clubs  from  being  listed  on  stock  markets,  the  obligations  for  joint  owners  of  real  estate  in 
France to provide for an address in that Member State and the Swedish legislative provisions 
on disclosure of foreign bank accounts. 

Still  in  the  area  of  special  rights,  the  ECJ278  ruled  that  three  provisions  of  the  law  on  the 
privatisation  of  Volkswagen  (VW  law)  attribute  unjustified  special  rights  to  German  public 
authorities  and  infringe  Article  56  EC.  The  ruling  did  not  accept  any  of  the  economically 
motivated justifications advanced by Germany. 

9.2.3.2  Changes underway (2008-2009) 

Efficient monitoring is the basis for a better policy towards capital markets and for timely and 
effective  action  based  on  a  better  understanding  of  market  trends  and  developments.  In  the 
area of capital  movements several studies or analyses to ascertain the functioning of capital 
markets  or  to  identify  potential  barriers  have  been  finalised  or  launched  in  2007.  They  will 
trigger for 2008 and 2009 a close follow-up on intra-EU investment, investment restrictions 
on  the  basis  of  national  security  issues,  investment  restrictions  in  some  pension  schemes, 
direct  investment,  mergers  and  acquisitions,  transitional  periods  concerning  agricultural  real 
estate. 

The pro-active approach by way of reinforced and systematic monitoring will not necessarily 
lead to an increase of the number of infringement cases but will allow concentration on the 
more  important  ones,  to  diversify  the  range  of  restrictions  to  the  free  movement  of  capital 
which are being dealt with and to address these restrictions at an early stage. On the basis of 
recent  monitoring  the  following  issues  became  priorities  for  2008-2009:  follow  up  to 
enlargement and privatisation processes in EU-12; follow up of measures taken by Member 
States on the basis of national security and involving restrictions on foreign direct investment; 
further diversification of the range of restrictions to the free movement of capital which are 
being addressed on the basis of monitoring of important sectors (e.g. pension funds, energy). 

9.2.4  Public procurement 

9.2.4.1  Current position 

Report on the work done in 2007 

277 
278 

Judgment of 28 September 2006, joined cases C-282/04 and C-283/04 
Judgment of 23 October 2007, case C-112/05 

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In the field of public procurement, the Commission carried out its control of the application of 
Community law by means of infringement procedures, but especially also via complementary 
means,  such  as  bilateral  meetings  with  the  Member  States  involving  the  contracting 
authorities concerned. 344 public procurement infringement files have been handled in 2007. 
Of these, 142 cases (41%) could be closed; only 12 (approx. 3.5 %) had to be referred to the 
ECJ. Around 200 of those 344 files were infringement cases. 25% of these infringement cases 
were priority cases. Among the Commission activities in 2007 in the control of the application 
of European procurement law the following are in particular worth mentioning: 

As  regards  the  transposition  of  the  public  procurement  Directives  2004/17/EC  and 
2004/18/EC279 infringement cases against 10 Member States due to non-communication of the 
national transposition measures before the deadline of 31 January 2006 were still pending at 
the  beginning  of  the  year  2007.  Despite  important  efforts  by  the  Commission  to  encourage 
and  support  Member  States  in  their  transposition,  these  Member  States  were  already 
considerably late with their national transposition of the Directives. In the course of 2007, it 
was possible to close the open infringement procedures against 7 of these 10 Member States. 
By the end of 2007, only 3 Member States, Belgium, Luxemburg and Portugal had still not 
notified  their  transposition  measures.  Since  then,  Luxemburg  has  become  the  only  Member 
State  which  remains  under  an  infringement  procedure  for  non-communication  of  national 
transposition. 

As  concerns  infringement  cases  launched  by  the  Commission  on  which  the  Court  issued  a 
judgement in 2007, the following brought interesting precisions or clarifications: 

Impact  of  the  failure  of  a  Member  State  to  fulfil  its  EC  public  procurement  obligations  on 
related  contracts  -  In  case  C-503/04280,  the  Court  has  clarified  that  when  it  has  established 
that a Member State has failed to fulfil its obligations under the EC public procurement law 
(articles 226/228 EC), the termination of the on-going contract concluded in violation of EC 
public procurement may be required in order to eliminate the infringement. In this case, the 
Court  ruled  that,  by  having  failed  to  adopt  all  the  necessary  measures  to  comply  with  a 
previous  judgment  on  the  same  issue,  Germany  had  failed  to  fulfil  its  obligations  under 
Article  228  EC-Treaty.  Inter  alia,  the  Court  confirmed  that  Germany  cannot  rely  on  the 
principles  of  legal  certainty  and  of  the  protection  of  legitimate  expectations,  the  principle 
pacta  sunt  servanda  ('pacts  must  be  respected')  and  the  right  to  property  to  justify  the  non-
implementation of a judgment establishing a failure to fulfil obligations under Article 226 EC. 

Transparency  principle  applicable  to  non-priority  services  covered  by  public  procurement 
directives  –  In  Case  C-507/03281,  the  Court  clarified  that,  since  Directive  92/50/EEC282  is 
designed  to  eliminate  practices  that  restrict  competition  in  general,  and  participation  in 
contracts by other Member States’ nationals in particular, by improving the access of service 
providers to procedures for the award of contracts, it follows that the advertising arrangement, 

279 

280 
281 
282 

Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating 
the  procurement  procedures  of  entities  operating  in  the  water,  energy,  transport  and  postal  services 
sectors  (OJ  L 134,  30.4.2004,  p. 1)  and Directive  2004/18/EC  of  the European Parliament  and of  the 
Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, 
public supply contracts and public service contracts (OJL 134, 30.4.2004, p. 114). 
Judgement of 18 July 2007, case 503/04 Commission v. Germany 
Judgement of 13 November 2007, case 507/03 Commission v. Ireland 
Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award 
of public service contracts (OJ L 209, 24.7.1992, p. 1) 

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introduced  by  the  Community  legislature  for  contracts  relating  to  non-priority  services 
coming within the ambit of Annex I B, cannot be interpreted as precluding application of the 
principles  resulting  from  Articles  43  EC  and  49  EC,  in  the  event  that  such  contracts 
nevertheless are of certain cross-border interest. In particular, in so far as a contract relating to 
these non-priority services are of such interest, the award, in the absence of any transparency, 
of  that  contract  to  an  undertaking  located  in  the  same  Member  State  as  the  contracting 
authority amounts to a difference in treatment to the detriment of undertakings which might 
be interested in that contract but which are located in other Member States. 

Distinction  between  public  contracts  and  concessions  -  In  its  judgement  of  18  July  2007  in 
case  C-382/05283,  the  ECJ  held  that  a  contract  in  which  the  concessionaire's  remuneration, 
although based on the demand for the service is paid exclusively by the contracting authority 
and  in  circumstances  in  which  a  minimum  remuneration  is  guaranteed  and  the  contract 
provides for price adjustments if that minimum is not reached is not a concession. 

9.2.4.2  Changes underway (2008-2009) 

In the area of public procurement, in view of the high number of contracting authorities (and 
entities)  and  of  the  high  number  of  contract  awards  covered  by  the  EU  Directives,  a  key 
priority  will  be  to  handle  swiftly  cases  related  to  the  efficiency  of  the  national  review 
procedures  that  businesses  can  use  when  they  consider  that  a  contracting  authority  has 
awarded a contract unfairly. 

On  11  December  2007,  the  European  Parliament  and  the  Council  adopted  a  Directive 
modifying  the  EC  Directives  on  remedies  in  the  field  of  public  procurement.  The  ongoing 
transposition process of this Directive offers Member States a special opportunity to legislate 
in order to upgrade the effectiveness of the national review procedures. The key provisions of 
the  new  Directive  concern  1)  the  introduction  of  a  mandatory  standstill  period  between  the 
award decision and the conclusion of a public contract and 2) the combating of illegal direct 
awards of public contracts. The Directive also introduces forceful sanctions, including under 
certain  circumstances  the  ineffectiveness  of  contracts.  The  assistance  offered  to  Member 
States in the transposition context as described under 5.3.2.1 should further help them to seize 
this opportunity to improve  their legislation in the  field. In  order  to  ensure a consistent  and 
timely transposition by 20 December 2009, the Commission services will follow closely the 
transposition process started in 2008 and will offer their assistance to Member States through 
bilateral  contacts  or,  where  appropriate,  meetings  of  the  Advisory  Committee  for  Public 
Contracts. Explanatory guidance notes on specific points will be issued where necessary. In 
addition, the standard forms provided for by Directive 2007/66/EC will be tabled and adopted 
through a comitology procedure in 2009.  

To  solve  recurring  problems  in  the  field  of defence  procurement,  the  Commission  tabled  in 
December 2007 a proposal for a Directive. For the procurement of arms, munitions and war 
materials,  and  under  the  condition  of  the  protection  of  their  essential  interests  of  security, 
there is an exemption from the application of the rules of the internal market (Article 296 EC). 
This exemption is almost systematically invoked. The Commission proposal aims at creating 
more  flexible  rules  for  defence  procurement  and  related  markets  pertaining  to  security.  Its 
provisions  will  be  adapted  to  the  specific  features  of  those  markets  (e.g.  the  negotiated 

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Judgement of 18 July 2007, case 382/05 Commission v. Italy 

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procedure with prior publication will become the standard procedure), while complying with 
the  principles  of  the  internal  market.  The  proposal  is  currently  being  discussed  within  the 
Council and the Parliament. Should the adoption take place during the current EP legislature, 
a delicate transposition phase will start in 2009. 

In the field of public procurement bilateral contacts with Member States at package meetings 
greatly  facilitated  the  reduction  in  the  volume  of  infringements  in  the  past.  In  2007,  the 
majority  of  cases  discussed  at  package  meetings  (between  70  and  100%)  have  been  solved 
within 6 months after the package meeting. This well established practice will be continued in 
2008/2009.  The  new  EU-Pilot  will  also  be  used  in  the  field  of  public  procurement  to  solve 
cases even before launching an infringement procedure. 

9.2.4.3  Evaluation 

The  impact  of  public  procurement  infringement  cases  is  considerable.  Despite  the  fact,  that 
these concern often individual cases, the economic impact can be substantial. In addition, the 
legal outcome of cases frequently influences the handling of similar procurement situations by 
other  contracting  authorities  and  thus  has  an  impact  well  beyond  the  individual  case.  In 
particular, the regular dialogue developed with Member States on cases of misapplication of 
EC public procurement rules represents an opportunity for Commission services to raise the 
awareness of the competent national authorities on a number of weaknesses that may often be 
overcome  through  national  guidance  for  public  purchasers.  Furthermore,  complaints 
sometimes reveal transposition problems that were not immediately detected on the basis of 
the general screening carried out of the transposition measures that had been notified by the 
Member  State  concerned.  In  this  context,  package  meetings  during  which  a  number  of  files 
are  discussed  between  Commission  services  and  the  competent  authorities  of  the  Member 
State  concerned  offered  another  opportunity  to  solve/close  almost  80%  of  the  60  files  that 
were  put  on  the  agendas  in  2007.  The  new  EU-Pilot  will  also  be  used  in  cases  where 
clarification is needed or where it is possible to close a case before launching an infringement 
procedure.  

9.2.5  Regulated professions (qualifications) 

9.2.5.1  Current position 

Report on the work done in 2007 

The volume of complaints and infringements concerning restrictions in breach of Articles 39, 
43  and  49  of  the  EC  Treaty  and  the  directives  on  the  mutual  recognition  of  professional 
qualifications remained broadly stable in 2007. 

The Commission started infringement proceedings against almost all Member States for non-
communication  of  national  implementing  measures  of  Directive  2006/100/EC  providing  for 
technical adaptations to the Directives on professional qualifications further to the accession 
of  Bulgaria  and  Romania  to  the  European  Union284,  which  came  into  force  on  1st  January 
2007, and Directive 2005/36/EC on the recognition of professional qualifications which had 

284 

OJ L 363, 20.12.2006, p. 141 

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to be transposed by 20 October 2007285. For Directive 2006/100/EC, reasoned opinions have 
been sent to 21 Member States. 

The  Commission  decided  to  take  action  against  Greece  before  the  Court  of  Justice  on  the 
basis  of  Article  228  over  Greek  legislation  on  the  ownership,  opening  and  operation  of 
opticians'  shops286,  which  restricts  the  freedom  of  establishment  of  companies  from  other 
Member States in Greece. 

The  Commission  decided  to  refer  to  the  Court  of  Justice  also  Germany,  Austria,  Belgium, 
France,  Greece  and  Luxembourg  on  the  grounds  that  these  Member  States  allow  only 
nationals  of  their  own  country  to  practise  as  notaries.  In  the  view  of  the  Commission,  this 
nationality condition is contrary to the freedom of establishment provided for in Article 43 of 
the  EC  Treaty  and  cannot  be  justified  by  reference  to  Article  45,  which  exempts  activities 
related  to  the  exercise  of  official  authority.  On  the  same  grounds,  the  Commission  issued 
reasoned  opinions  against  the  Czech  Republic,  Hungary,  Latvia,  Lithuania,  Malta,  Poland, 
Slovakia and Slovenia, and sent letters of formal notice to Bulgaria and Romania. Spain, Italy 
and Portugal have abolished the nationality condition previously in force for notaries. Estonia 
and the Netherlands are abolishing it. 

As  regards  the  infringement  proceedings  opened  against  France  in  relation  to  unwarranted 
restrictions on the freedom to provide services for doctors, dentists and midwives established 
in other Member States and eligible for automatic recognition of their qualifications in France 
under  Community  Directives  (infringement  mentioned  in  previous  report),  the  Commission 
decided to close it due to the new legislation adopted by France in order to comply with EU 
law. 

9.2.5.2  Changes underway (2008-2009) 

Directives 2005/36/EC on the recognition of professional qualifications287 came into force on 
20  October  2007.  It  replaces  15  directives  covering  hundreds  of  professions.  From  the 
information received so far from Member States the Directive should be fully implemented by 
all Member States by the end of 2008/beginning of 2009, with one year delay.  

The  main  challenge  is  the  substantial  number  of  national  measures  needed  to  transpose  it 
(hundreds of texts). The conformity check will take place after having received and translated 
all national implementing measures. In a first phase the analysis will concentrate in particular 
on  the  new  rights  granted  to  EU  citizens,  namely  the  new  regime  for  the  free  provision  of 
services (Title II of the directive) and the subsidiary application of the general system to cases 
which previously would have fallen under the Treaty provisions (Article 10 of the directive).  

The absence of concordance tables for many Member States, despite repeated requests, makes 
the examination more difficult. In order to monitor the appropriate and smooth application of 
this  Directive,  a  Code  of  Good  Conduct  which  specifies  the  good  national  administrative 
practices will be established with the Group of Coordinators of Directive 2005/36/EC. A key 
role for a smooth implementation is the IMI System; it is currently in place in its pilot phase 
for four professions only (doctors, pharmacists, physiotherapists, accountants). 

285 
286 
287  

OJ L 255, 30.9.2005, p. 22 
Judgment of 21 April 2005, Case C-140/03 Commission v. Greece 
OJEU L 255 of 30.9.2005, p. 22 

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9.2.5.3  Evaluation 

The volume of complaints and infringements concerning restrictions in breach of Articles 39, 
43  and  49  of  the  EC  Treaty  and  the  directives  on  the  mutual  recognition  of  professional 
qualifications remains broadly stable. 

One  of  the  main  priorities  in  this  area  is  currently  the  analysis  of  the  national  measures 
transposing Directive 2005/36/EC in order to assess their conformity with Community law. A 
complete translation of the notified text is the first step, which may take some time. A pilot 
project for translation of national transposition measures is being used to overcome some of 
the difficulties encountered. The main challenge related to this directive is represented by the 
enormous  number  of  national  measures  needed  to  transpose  it  (hundreds  of  texts).  The 
absence of concordance tables for many Member States, despite repeated requests, makes the 
examination even more difficult. 

Regulated professions represent another field where the proper application and transposition 
of Community law has a major impact on citizens’ rights on a daily basis.. 

Following the recent experience, the results of the conformity check of the national legislation 
transposing directive 2005/36/EC and own initiative monitoring, the following issues will be 
targeted  for  priority  action  in  2008-2009:  the  new  regime  for  providing  services  and  the 
subsidiary  application  of  the  general  regime as  well  as  principle  questions  under  the  Treaty 
and significant issues such as a same profession affected in several Member States or several 
professions in one Member State.  

9.2.6  The business environment 

9.2.6.1  Current position 

Report on the work done in 2007 

In  the  area  of  industrial  property,  the  final  report  of  a  study  on  the  implementation  of  the 
Directive  98/71/EC  on  the  legal  protection  of  design288  in  the  10  New  Member  States 
(commissioned  in  2005)  could  be  concluded  and  accepted  in  March  2007.  A  pending 
infringement procedure against Italy could be closed after considering the modified Italian IP 
code in line with the Directive.  

A  study  on  the  implementation  of  Directive  98/44/EC  on  the  legal  protection  of 
biotechnological  inventions289  in  the  10  New  Member  States  (launched  at  the  end  of  2006) 
was carried out in 2007. The final report was terminated and accepted in November 2007. 

Further monitoring and conclusion of the notification process with regard to Member States' 
obligation  to  designate  their  Community  trade  mark  courts  pursuant  to  Art.  91  of  the 
Regulation  (EC)  40/94  on  the  Community  trade  mark290  were  made.  The  Commission  also 
monitored  further  the  notification  process  with  regard  to  Member  States'  obligation  to 
designate their Community design courts pursuant to Art. 80 of the Regulation (EC) 6/2002 

288 
289 
290 

OJ L 289, 28.10.1998, p. 28 
OJ L 213, 30.7.1998, p. 13 
OJ L 11, 14.1.1994, p. 1 

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on Community design291. Two Member States (France and Luxembourg) were referred to the 
European Court of Justice under Art. 226 EC over their failure to do so. 

Directive  2004/48/EC292  on  the  enforcement  of  intellectual  property  rights  had  to  be 
implemented  in  the  Member  States  by  29  April  2006.  Further  pursuing  of  infringement 
procedures against 10 Member States over their failure to notify their implementing measures. 
At  the  end  of  2007  infringement  procedures  against  4  Member  States  were  still  open  and 
pending with the ECJ (Germany, Luxembourg, Portugal and Sweden). 

9.2.6.2  Changes underway (2008-2009) 

Regulation  816/2006  of  17  May  2006  (compulsory  licensing  of  patents  relating  to 
pharmaceutical  products)293  requires  Member  States  to  notify  the  Commission  of  the 
designated competent authority. The process of notification is still ongoing and needs further 
monitoring.  

In  2009,  Member  States  will  submit  to  the  Commission  a  report  on  the  implementation  of 
Directive 2004/48/EC. On the basis of those reports, the Commission shall draw up a report 
on  the  application  of  this  Directive,  including  an  assessment  of  the  effectiveness  of  the 
measures taken, as well as an evaluation of its impact on innovation and the development of 
the information society. That report shall then be transmitted to the European Parliament, the 
Council  and  the  European  Economic  and  Social  Committee.  It  shall  be  accompanied,  if 
necessary  and  in  the  light  of  developments  in  the  Community  legal  order,  by  proposals  for 
amendments  to  this  Directive.  Therefore  the  Commission  is  planning  to  organize 
correspondent group meetings in view of harmonizing Member States assessment report. 

In addition the Commission is planning to promote administrative cooperation, including the 
exchange  of  information  on  the  enforcement  of  intellectual  property  rights,  among  Member 
States and between Member States and the Commission. This will be done through a network 
of national correspondents. 

In  the  field  of  auditing,  the  transposition  deadline  of  the  Directive  2006/43/EC  expires  in 
2008. The commission services will need to check a high number of the national transposing 
measures.  The  commission  services  have  asked  Member  States  to  provide  full  transposition 
tables and in principle, all Member States agreed to provide such tables. DG Internal Market 
intends to publish, in 2008, a scoreboard on the implementation of the Directive 2006/43/EC. 

291 
292 
293  

OJ L 3, 5.1.2002, p. 1 
OJ L 157, 30.4.2004, p. 45 
Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council  of  7  September  2005  on  the 
recognition of professional qualifications, OJ L 255, 30.9.2005, p. 22–142 

EN 

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10  REGIONAL POLICY 

10.1  Current position  

10.1.1  Existing measures in force 

Relevant Treaty provisions: Articles 158 to 162 of the EC Treaty  

Number  of  Council  &  Parliament  or  Commission  regulations  in  force:  12  covering 
interventions for the 2000-2006 programming period 

10.1.2   Work  in 2007 

–  DG REGIO has no infringement proceedings under way at present. 29 complaints 

have been dealt with during the year 2007.  

–  22 cases were closed during the reporting period.  

–  4 petitions related with complaints were received. 

–  33% of the complaints were against Polish Managing Authorities and 8% against 

Bulgarian and Romanian Managing Authorities.  

A first category of complaint concerns the selection process of individual projects under the 
different programmes co-financed by Community Structural Funds. The principal motivation 
for complaints was the rejection of the complainant's cofinancing application, however, in a 
context of shared management, selection of individual projects lies in the competence of the 
national / regional authorities. Consequently, where the selection is made in accordance with 
the  programming  documents  (i.e.,  the  Commission  decision  approving  the  operational 
programme  granting  the  assistance,  the  programme  complement  and  the  project  selection 
criteria), and where the project implementation does not infringe any provision of Community 
law, in principle the monitoring of the programme and project implementation is primarily the 
responsibility  of  the  programme's  managing  authority.  Even  in  such  cases,  the  Commission 
usually contacts the national authorities ascertain their position on the complaint. It should be 
noted,  that  such  complaints  could  be  examined  by  the  competent  national  administrative  or 
judicial authorities. 

A  second  category  of  complaint  concerns  alleged  non-compliance  of  Community  law  on 
environment policy or public procurement law. 

Where  the  examination  of  the  allegations  leads  to  the  conclusion  that  Community  law  has 
been  breached,  this  may  lead  to  the  opening  of  a  financial  correction  procedure. 
Consequently, the normal sanction for lack of respect of Community law when implementing 
Community Structural Funds is a financial correction, i.e., requiring reimbursement of grants 
unduly received, rather than an infringement procedure. 

A  third  category  of  complaint  concerns  the  advisability  of  given  project  selection,  claiming 
that  a  particular  infrastructure  project  is  not  in  the  right  place  (e.g.  roads),  does  not  work 
properly  (water  sewage  treatment plants)  or  allegedly  gives  rise  to  a  waste  of  the  European 
budget. In such cases, there is often no allegation of a breach of Community law. 

EN 

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10.2  Changes underway 

10.2.1  Recently adopted measures due to enter into force which may require additional work:  

For the new programming period 2007-2013, 6 new regulations have entered into force. 

10.2.2  New measures due to be adopted which may require specific implementation / 

transposition work:  

Regulation (EC) No 1082/2006 of the European Parliament and of the Council on a European 
Grouping  of  territorial  cooperation294  entered  into  force  on  1  August  2006;  however,  it  has 
applied  only  from  1  August  2007,  as  the  Member  States  had  to  make  provisions  as  are 
appropriate  to  ensure  the  effective  application  of  that  Regulation  and  to  inform  the 
Commission  of  these  provisions.  The  non  respect  of  these  obligations  may  lead  in  2008  to 
infringement procedures against Member States not making such provisions or not informing 
the Commission about them. 

10.2.3  Volume of enquiries, complaints, infringements work and petitions, and prioritization 

among them:  

Priority  will  be  given  to  those  cases  that  expose - with  conclusive  evidence - a  fraud  or  a 
systematic  violation  of  the  Structural  Funds  Regulations  or  EC  law  by  the  Managing 
Authorities (important irregularities, non isolated cases). 

Managing  Authorities  should  be  more  involved  in  the  treatment  of  complaints  where  it 
appears that the issue is of their competence following the Structural Funds Regulations: e.g. 
selection  of  projects.  The  Commission's  role  is  to  ensure  that  management  and  control 
systems are in place and work properly. The Commission cannot intervene when there is no 
infringement  of  Community  law  and  when  the  Managing  Authorities  comply  with  the 
programming documents. 

10.3   

Evaluation 

From one year to another the number of complaints dealt by DG REGIO is quite stable, but 
priority will be given in 2008 to those cases described in B.II.  

11  TAXATION AND CUSTOMS UNION 

11.1  Customs 

11.1.1  Current position 

11.1.1.1 Existing measures in force (situation on 31/12/2007) 

For a list of the measures in force please refer to Annex I paragraph 3.1 

294 

OJ L 210, 31.7.2006, p. 19. 

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11.1.1.2  Work  in 2007  

 Regarding  the  petitions  treated  in  the  customs  area,  one  petition  was  received,  concerning 
the  compatibility  of  UK  law  with  Community  Customs  Code  provisions  regarding  the 
possibility to challenge customs administrative decisions. 

- In the area of customs, in line with the Communication295 on a strategic review of better 
regulation  in  the  European  Union,  and  the  Communication296  on  better  monitoring  of  the 
application  of  Community  law,  the  Commission  has  paid  attention  to  a  better  and  simpler 
legal  environment.  In  principle,  these  objectives  may  only  be  reached  with  a  commitment 
from  Member  States  to  apply  Community  rules  in  a  correct  and  uniform  way.  Therefore, 
measures  have  been  taken  in  order  to  enhance  closer  cooperation  between  the  Commission 
and Member States in the field of prevention. The outlook is oriented towards the creation of 
new  tools  enabling  better  monitoring  of  a  correct  and  uniform  application  of  Community 
Customs  law.  With  this  end  in  view,  a  global  approach  has  been  adopted  through  a  multi-
annual  programme  aiming  to  monitor  the  compliance  of  Customs  legislations  in  different 
Member States. 

Furthermore, amongst the decisions taken by the ECJ and the TFI in 2007 within this area, the 
following cases were of particular relevance : 

In  Road  Air297  the  Court  held  that  Article  236(1),  first  subparagraph,  of  the  Customs  Code 
should be interpreted to mean that the failure of the national customs authorities to determine 
the  place  where  the  customs  debt  was  incurred  does  not  have  the  effect  of  rendering  the 
amount of customs duties not legally owed. However, the Member State to which the office of 
departure  belongs  can  proceed  to  recovery  of  import  duties  only  if  it  has  first  informed  the 
principal that it has a period of three months in which to furnish proof of the place where the 
infringement or the irregularity was actually committed and such proof has not been provided 
within that period. 

In Agrover298 the Court declared that Article 216 of the Customs Code applies to the inward 
processing  operations  referred  to  in  Article  115(1)(b)  of  that  regulation  in  which  the 
compensating  products  have  been  exported  outside  the  European  Community  prior  to 
importation of import goods. 

In Zefeser299 the Court ruled that the classification of an act as ‘an act that could give rise to 
criminal court proceedings’ falls within the competence of the customs authorities required to 
determine the exact amount of the import duties or export duties in question. 

In  Euro  Tex300  the  Court  held  that,  since  Article  7(1)(b)  of  Protocol  4  to  the  Europe 
Agreement establishing an association between the European Communities and their Member 
States, 1of the one part, and the Republic of Poland, of the other part, as amended by Decision 
No  1/97  of  the  Association  Council,  Association  between  the  European  Communities  and 
their Member States, of the one part, and the Republic of Poland, of the other part, of 30 June 

295 COM(2006)689 of 14.11.2006 
296 COM(2002)725 of 16.05.2003 
297 Judgment of 13.12.2007, case C-526/06 
298 Judgment of 18.10.2007, case C-173/06 
299 Judgment of 18.12.2007, case C-62/06 
300 Judgment of 14.06.2007, case C-56/06 

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1997  does  not  make  it  possible  to  draw  a  distinction  between  simple  and  more  complex 
matching operations,  matching  operations such as those described in the order for reference 
are  covered  by  the  concept  of  simple  operations  of  matching  for  the  purposes  of  that 
provision. 

In  Commission  v  Italy301  the  Court  declared  that,  by  introducing  an  environmental  tax  on 
methane gas from Algeria, Italy has failed to fulfil its obligations under Articles 23 EC, 25 EC 
and 133 EC. 

11.1.2  Changes underway 

Recently adopted measures requiring additional work 

•  'Security  amendments'  to  the  Community  Customs  Code  for  security  and  safety 

purposes adopted in 2005-2006,  

Customs  have  a  general  role  to  play  in  combating  the  security  threat  associated  with 
international  trade  movements  (security  of  the  supply  chain)  while  ensuring  security  and 
safety of the Community and its residents, including customs officials carry out their duties in 
a  safe  way,  and  protection  of  the  environment.  The  'security  amendments"  and  the 
implementing  provisions  of 
the  Community  Customs  Code  concern  notably  prior 
arrival/departure information, Authorised Economic Operator (AEO) status, risk management. 
The  work  ahead  consists  in  ensuring  the  implementation  of  new  rules,  procedures  and 
controls for security and safety purpose on import and exports, including a monitoring of the 
application of the AEO status. 

Adoption  by  the  European  Parliament  in  February  2008  of  the  Modernised  Customs 

Code (and further adoption of its Implementing Provisions). 

The  Modernised  Community  Customs  Code  will  simplify  legislation  and  streamline 
customs process procedures to the benefit of both consumers and traders. It introduces the 
electronic exchange of declarations, documents and information to allow speedier and more 
efficient  exchange  of  electronic  information  between  the  national  customs  and  other 
competent authorities;  

It will in particular promote the concept of "centralised clearance", under which authorised 
traders will be able to declare goods electronically and pay their customs duties at the place 
where they are established, irrespective of the Member State through which the goods will 
be brought in or out of the EU customs territory or in which they will be consumed.  

Besides,  it  will  offer  bases  for  the  development  of  the  'Single  Window'  and  'One-Stop-
Shop'  concepts,  under  which  economic  operators  give  information  on  goods  to  only  one 
contact  point  ('Single  Window'  concept),  even  if  the  data  should  reach  different 
administrations/agencies,  so  that  controls  on  them  for  various  purposes  (customs, 
sanitary,...) are performed at the same time and at the same place ('one-stop-shop' concept).  

301 Judgment of 21.06.2007, case C-173/05 

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Nonetheless, the implementation of the Modernised Customs Code (mCC) is not limited to 
its  Implementation  provisions,  but  includes  also  a  package  of  coherent  actions  aimed  at 
ensuring  a  legal  environment  and  an  efficient  and  uniform  application.  In  this  respect,  the 
implementation of the Modernized Customs Code also implies: 

o 

o 

Preparation of the dispositions of application of the mCC 

IT aspects of the implementation  

o  Developing a coherent set of 'soft law' (explanatory notes and guidelines)  

o 

Follow-up of the application of the customs legislation 

o  Developing issues related to Infringements and customs penalties  

o 

Setting up new internal rules of procedure of the customs code committee 

It  is  important  to  stress  that  the  drafting  and  finalisation  of  the  MCCIP  faces  three  major 
challenges: 

the need to produce, from various parts prepared by different units and groups, a single 

- 
text, which has to be legally coherent in itself and with the mCC; 

the  need  to  reshape  all  customs  procedures  from  an  IT  perspective,  with  the  related 

- 
constraints in terms of developments of systems and timing for this development. 

the need for these provisions to be applicable at the latest on 24/06/2013, as required 

- 
by the mCC, which implies an adoption by the Commission around mid 2010. 

Volume of enquiries, complaints, infringements work and petitions, and ad hoc prioritization 

In the area of customs law, priority is given to those cases which reveal clear and serious 
infringements of Community Customs law. 

The number of infringement cases (total of 26 complaints, a little bit less than in 2006) and of 
reasoned opinions (11 in 2007) remained stable. 

Amongst  these  complaints,  regarding  the  EU-10  and  EU-2  enlargement  follow-up:  14 
concerned EU-10 and 3 for EU-2. 

DG TAXUD opened its own investigations regarding presumed infringements. This resulted 
in a number of 2 presumed infringements and 9 identified ones, amongst whose 4 cases were 
filed. 

The  majority  of  enquiries  (30  in  2007)  and  complaints  in  this  area  (a  total  volume  of  26  in 
2007) concerned specific aspects of application of the provision of the Community Customs 
Code and Common Customs Tariff (charges of an equivalent effect to customs duties, Art. 23  
& 25 CET). 

Regarding "Action under Art.228", none was reported. 

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In terms of Court cases, DG TAXUD dealt with 19 references for a preliminary ruling and 9 
Actions  against  the  Commission  (1  action  for  non-contractual  liability,  5  actions  for 
annulment and 3 appeals). 

The  volume  of  petitions  in  the  different  sectors  falling  within  the  competences  of  DG 
TAXUD is relatively moderate and stable (16 new petitions have been introduced in 2007). 

11.1.3  Evaluation 

In  the  customs  area,  the  situation  has  significantly  not  changed  regarding  as  infringements 
and the number of references to the Court. It is premature to estimate if this trend of stability 
will continue.  

The  situation  has  globally  been  stable  and  does  nor  require  urgent  attention  neither 
improvement  measures  for  problematic  situations.  However,  a  deliberate  and  clear  priority  
will  be  allotted  to  a  preventive  and  pro-active  approach,  aiming  at  improving  the  current 
community legal environment. With the adoption of a new legal instrument, the modernised 
customs code, a significant milestone will be reach and will strengthen a correct and uniform 
application of the customs legislation. Fully conscious of the necessity of  the enhancement of 
a generalized culture of monitoring, DG TAXUD took the initiative of launching a monitoring 
programme in cooperation with Member States, that will be developed in the year 2008. This 
will  allow  both  Member  States  and  the  Commission  to  identify  room  for  improvement  in 
areas such as legislation and procedure harmonization, harmonization of rules interpretation, 
controls and practices, or customs penalty rules. 

11.2  Indirect taxation 

11.2.1  Current position 

For a list of the measures in force please refer to Annex I paragraph 3.2 

11.2.1.1 Work  in 2007  

- Although the legislation has already evolved towards a more harmonised system within the 
area  of  indirect  taxation,  the  requirement  of  unanimous  agreement  for  the  adoption  of 
legislation  reduces  progress  made  and  requires  increased  recourse  to  infringements 
proceedings  to  clarify  legal  rights.  Moreover,  the  legislative  tools  have  a  wide  scope  of 
application  with  the  VAT  directive  applying  to  the  entire  economy  which  requires 
prioritisation in the verification of the correct application of all provisions. 

The criteria of prioritisation were fixed in line with the Communication of the Commission of 
2002 on the improvement of the control of the application of the Community legislation. 

In  particular,  the  action  concentrated  on  the  non-communication  of  national  measures 
transposing Directive 2003/96/EC regarding Energy taxation (3 Member States are referred to 
the Court of Justice). 

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In addition, priority was given to infringements that undermine the foundations of the rule of 
lax and that undermine the smooth functioning of the community legal system. DG TAXUD 
consequently  opened  proceedings  related  to  the  VAT  application  of  postal  services 
(infringements interfere with freedom of movement of services in a postal services liberalized 
market),  travel  agents  (infringements  affecting  the  own  resources)  and  the  respect  of  the 
correct application of reduced VAT rates (infringements concerning a too broad application of 
a derogatory provision which is interpreted in a restrictive way). A considerable number of ex 
officio cases have in this way been initiated. 

The  application  of  prioritisation  was  also  focused  on  the  non-communication  of  national 
measures transposing Directive 2003/96/EC regarding Energy taxation (3 Member States are 
referred to the Court of Justice). 

Factual  disputes  on  the  other  hand  were  in  most  cases  successfully  referred  to  the  SOLVIT 
system as value added network for problem solving. 

Within the area of indirect taxation, both the enlargement and the strategic objectives adopted 
by the Commission for the period 2005-2009, were for another successive year reflected in an 
increasing number of infringement cases and a considerable input related to new Court cases. 
The following cases merit extra attention : 

In  the  judgment  in  the  case  Teleos302,  the  Court  ruled  that  the  competent  authorities  of  the 
Member State of supply should not require a supplier, who acted in good faith and submitted 
evidence  establishing  his  right  to  the  exemption  of  an  intra-Community  supply  of  goods, 
subsequently to account for value added tax on those goods where that evidence is found to be 
false,  without,  however,  the  supplier’s  involvement  in  the  tax  evasion  being  established, 
provided that the supplier took every reasonable measure in his power to ensure that the intra-
Community supply he was effecting did not lead to his participation in such evasion. 

In  the  joined  cases  T-Mobile/Hutchison303,  the  Court  considered  that  within  the  domain  of 
mobile  telecommunications  services,  the  allocation,  by  auction  by  the  national  regulatory 
authority  responsible  for  spectrum  assignment,  of  rights  to  use  radio-frequencies  in  the 
electro-magnetic  spectrum  does  not  constitute  an  'economic  activity'  within  the  meaning  of 
the VAT Directive. That activity does thus not fall within the scope of that Directive. 

In the case Commission v. France304, the Court declared that the French Republic has failed to 
fulfil  its  obligation,  within  the  prescribed  period,  to  adopt  the  laws,  regulations  and 
administrative  provisions  necessary  to  comply  with  Council  Directive  2003/96/EC  of  27 
October 2003 restructuring the Community framework for the taxation of energy products and 
electricity. 

Finally  some  cases  Commission  v.  Greece305  regard  the  failure  of  the  Hellenic  Republic  to 
fulfil obligations on the one hand on tax exemptions within the Community for certain means 
of transport temporarily imported into one Member State from another and on the other hand 
on the correct determination of the taxable value on imported second-hand cars.  

302 Judgment of 27.09.2007, case C-409/04 
303 Judgment of 26.06.2007, joined cases C-284/04 and C-369/04 
304 Judgment of 29.03.2007, case C-388/06 
305 Judgments of 07.06.2007 and 20.09.2007, cases C-156/04 and C-74/06 

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- Regarding the petitions treated in the area of indirect taxation, the most recurrent issues 
concerned various aspects of taxation of cars. 

11.2.2  Changes underway 

Recently adopted measures requiring additional work 

•  Directive 2008/7 of 12.02.2008 concerning indirect taxes on the raising of capital (Recast 

version) – conformity assessment planned. 

•  On 4 December 2007, the Council reached political agreement on two draft Directives and 
a  draft  Regulation  aimed  at  changing  the  rules  on  VAT  so  as  to  ensure  that  VAT  on 
services  accrues  to  the  country  where  consumption  occurs,  and  to  prevent  distortions  of 
competition between Member States due to differences in VAT rates applied. 

The  so-called  "VAT  package",  formally  adopted  by  the  Council  on  12  February  2008, 
contains: 

1.  a Directive on the place of supply of services (which will be applied from 1 January 
2010, with further changes introduced as from 1 January 2011, 1 January 2013 and 
1 January 2015), including a mini one stop shop for telecom, broadcasting and e-
commerce  services  (for  which  the  application  will  be  deferred  until  1  January 
2015); 

2.  a  Directive  with  a  new  procedure  for  VAT  refunds  to  non-established  EU 

businesses; 

3.  a  Regulation  on  the  exchange  of  information  between  Member  States  which  is 

necessary to underpin the new arrangements for taxation of services. 

Most of these measures will as a general rule enter into force on 1 January 2010. 

To facilitate implementation of the various elements of the VAT package, DG TAXUD 
will,  before  the  deadline  for  transposition,  meet  with  Member  States,  both  within  the 
VAT  Committee  and  in  Fiscalis  seminars,  and  discuss  any  outstanding  issues.  The 
objective would be to ensure uniform application and avoid misunderstandings on the 
part of Member States when implementing these two Directives. This should contribute 
to reduce the potential for infringement cases once an assessment of the conformity of 
national legislations has taken place which will be after 1 January 2010. 

 New measures requiring transposition work 

Regarding indirect taxation, in the short term a proposal amending the VAT Directive and 
Council  regulation  1798/2003  on  administrative  cooperation  in  the  field  of  VAT  has  been 
adopted  by  the  Commission306  with  the  aim  of  reducing  the  time  frames  for  submitting  the 
intra-community  recapitulative  statement  to  1  month  has  been  adopted  by  the  Commission 
and is envisaged to enter into force on 1 January 2010. 

306 COM(2008)147 of 17.03.2008 

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In the medium term, some further proposals are foreseen with a view of introducing anti-fraud 
measures  in  order  to  enable  EU  tax  administrations  to  efficiently  combat  fraud.  Amending 
proposals  are  in  preparation  regarding  the  VAT  Directive  2006/112/EC,  the  Directives  on 
mutual assistance and recovery of claims 77/799/EEC and 76/308/EEC and finally a revision 
is planned of Directive 92/12/EEC related to excise goods. 

Another package of legislative proposals for excise duties laid on manufactured tobacco are 
foreseen to modernise and harmonise  tax systems for national administrations, business and 
final consumers. 

Finally, a review of the Energy Taxation Directive 2003/96/EC is planned with the objective 
to  create  a  fiscal  framework  in  order  to  influence  sound  behaviour  of  consumers.  The 
implementation  of  this  new  Community  Law  by  the  Member  States  will  thus  require  extra 
attention  related  to  the  assessment  of  transposition  and  conformity  of  their  national 
legislation. 

Volume of enquiries, complaints, infringements work and petitions, and ad hoc prioritization 

For  indirect  taxation  issues,  DG  TAXUD  opened  96  new  infringement  cases  91  of  which 
related  to  VAT,    2  related  to  excise  duties  and  3  regarding  car,  energy  and  environmental 
taxation. 

During 2007, 79 opened infringement cases were closed after Member States modified their 
legislation and therefore complied with Community Law; most of the time we had to refer the 
case to the Court of Justice before compliance was achieved. 

Within  the  area  of  indirect  taxation,  both  the  enlargement  and  the  strategic  objectives 
adopted  by  the  Commission  for  the  period  2005-2009,  were  for  another  successive  year 
reflected both in a considerable number of infringement cases and a considerable input related 
to  new  Court  cases.  During  the  year  2007,  the  Court  of  justice  has  delivered  36  judgments 
related  to  indirect  taxation,  mostly  judgments  in  consequence  of  a  preliminary  question  in 
pursuance of which the Commission has given its advice. 

Although  the  good  figures  for  notification  regarding  the  transposition  of  the  existing 
secondary Community Law, our existing pro-active infringement policy and prioritisation of 
specific issues should be maintained and further developed as a strategy in order to persuade 
Member  States  to  approve  ongoing  legislative  proposals  and  mostly  to  try  to  push  back  the 
increasing number of complaints year after year. 

The  volume  of  petitions  in  the  different  sectors  falling  within  the  competences  of  DG 
TAXUD is relatively moderate and stable (16 new petitions have been introduced in 2007). 

11.2.3  Evaluation 

The situation in the area of indirect taxation is changing as the infringement action and the 
number  of  references  to  the  Court  have  increased  in  recent  years  and  this  trend  is  likely  to 
continue.  The  key  challenges  will  be  to  manage  this  increase  in  activity  with  the  available 
resources and to achieve correct application of Community law in this area. The position will 
continue to need to be monitored. 

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A number of measures have already been taken to try and improve the situation. This includes 
a more strategic approach to infringement action in this area by focusing on specific priorities 
and adopting a more horizontal approach to similar infringements in different Member States. 

Finally, it is welcomed that during 2007, 79 infringement cases have been closed because the 
Member States concerned decided to bring their legislation into conformity with Community 
Law.  These  figures  reveal  clearly  that  the  alignment  of  Member  States'  legislation  with 
Community  law  is  being  achieved  through  the  work  done  by  the  Commission  and  Member 
States in the context of infringement proceedings following the adoption of new directives. As 
stated in its 2007 Communication, the Commission has started to work with Member States to 
try  to  ensure  quicker  results  without  recourse  to  infringement  proceedings  always  being 
necessary. 

11.3  Direct taxation 

11.3.1  Current position 

11.3.1.1 Existing measures in force (situation on 31/12/2007) 

For a list of the measures in force please refer to Annex I paragraph 3.3 

11.3.1.2 Work  in 2007  

-  Regarding  the  petitions  treated  in  the  direct  tax  area,  most  petitions  relate  to  possible 
infringements  of  Treaty  freedoms  and  instances  of  double  taxation  due  to  the  simultaneous 
application of different Member State tax laws. 

- In the area of direct taxation, the objectives adopted by the Commission for the period 2005 
and  2009,  were  reflected  in  an  increasing  number  of  infringement  cases  (almost  30%  more 
than in 2006) and increased input into new Court cases. 

As  in  previous  years,  the  main  focus  in  2007  within  the  area  of  direct  taxation  was  on 
breaches  of  Community  law,  in  particular  those  concerning  the  application  of  the  Treaty 
freedoms in respect of differential treatment of domestic and cross-border situations. Recent 
ECJ  case-law  and  in  particular  the  judgment  in  Cadbury  Schweppes307  prompted  the 
Commission  to  adopt  in  December  2007  a  Communication  on  the  application  of  anti-abuse 
rules in the area of direct taxation308 inviting Member States to carry out a general review of 
their anti-abuse rules in the direct tax area, in the light of the principles flowing from relevant 
ECJ case law, and to explore possible coordinated solutions in this field. 

In 2007 and compared with 2006, the Court of Justice delivered a marked increased number 
of  judgments  related  to  direct  taxation.  Most  of  the  Court's  judgments  in  this  area  (23) 
concerned  references  for  preliminary  rulings.  The  following  cases  were  of  particular 
relevance: 

307 Judgment of 12.09.2006, case C-194/06 
308 COM(2007)785 of 10.12.2007 

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In Commission v. Denmark309  and Commission v. Belgium310 the Court confirmed the need to 
provide  for  tax  deductibility  of  foreign  insurance  premiums  and  contributions  to  foreign 
pension schemes respectively if such deductions are granted in domestic situations. 

In  Oy  AA311  the  Court  held  that  the  Finnish  group  contribution  system,  which  makes  the 
deductibility  of  a  group  contribution  subject  to  the  condition  that  the  transferee  parent 
company  is  a  domestic  and  not  a  foreign  company,  poses  a  restriction  on  the  freedom  of 
establishment, but that such a restriction is justified by the need to prevent tax avoidance and 
safeguard the balanced allocation of taxing powers between the Member States. 

In Amurta312 the Court held that a Dutch dividend withholding tax exemption which applied 
to resident shareholders holding a qualifying shareholding in a resident subsidiary should also 
be extended to non-resident shareholders with a similar shareholding. The Netherlands could 
not  rely  on  unilateral  relief  provided  by  the  shareholder's  state  of  residence  (Portugal)  to 
neutralise its unfavourable treatment of the shareholder. 

In Columbus Containers Services313 the Court ruled that German provisions, which – contrary 
to the relevant tax treaty - provide for a switch-over from the exemption method to the credit 
method  in  respect  of  low-taxed  passive  income  of  foreign  permanent  establishments,  are 
compatible with EC law. 

11.3.2  Changes underway 

 Recently adopted measures requiring additional work 

There are no recently adopted measures in the direct tax area which require additional work. 

New measures requiring transposition work 

Regarding direct taxation, none are envisaged for 2008.  

Volume of enquiries, complaints, infringements work and petitions, and ad hoc prioritization 

For direct taxation issues, DG TAXUD opened 55 new infringement cases. 

During 2007, 37 opened infringement cases were closed after Member States modified their 
legislation and therefore complied with Community Law. 

In  view  of  the  unanimity  requirement  in  taxation,  there  is  limited  secondary  Community 
legislation in the direct tax area. As a result, the majority of enquiries and complaints in this 
area  (a  total  volume  of  270  in  2007)  relate  to  the  application  of  the  fundamental  Treaty 
freedoms  in  respect  of  differential  treatment  of  domestic  and  cross-border  situations.  They 

309 Judgment of 15.01.2007, case C-150/04 
310 Judgment of 05.07.2007, case C-522/04 
311 Judgment of 18.07.2007, case C-231/05 
312 Judgment of 08.11.2007, case C-379/05 
313 Judgment of 06.12.2007, case C-298/05 

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therefore  mainly  fall  into  the  second  priority  category  of  the  Communication314  concerning 
'breaches  of  Community  law,  raising  issues  of  principle  or  having  particularly  far-reaching 
negative impact for citizens, such as those concerning the application of Treaty principles (..)'. 

In  2007  the  Court  of  Justice  delivered  27  judgments  related  to  direct  taxation,  a  marked 
increase from 2006. 

Judging  from  the  ever  increasing  number  of  enquiries,  complaints  and  references  for 
preliminary  rulings in  the direct tax area,  the  external interest in this  area  is substantial and 
growing. Given the lack of progress toward positive integration, which is at least partly due to 
the unanimity requirement in tax matters, this trend is likely to continue and intensify over the 
coming years. 

Priority  is  given  to  those  cases  which  reveal  clear  and  serious  infringements  of  Community 
law  that  prevent  EU  citizens  and  enterprises  from  making  use  of  their  rights  to  establish 
themselves  or  invest  in  other  Member  States.  Moreover,  particular  attention  will  be  paid  to 
those areas where the Commission sees scope for co-ordination of Member States' direct tax 
systems, as highlighted in the 2006 Communication on Co-ordinating Member States' direct 
tax systems  in the  Internal Market315  and the subsequent specific communications on cross-
border losses, exit taxes and anti-abuse rules. In addition, work on the current priority areas 
(including  taxation  of  cross-border  dividend  payments,  cross-border  pensions  and  R&D  tax 
incentives) will continue. 

The  volume  of  petitions  in  the  different  sectors  falling  within  the  competences  of  DG 
TAXUD is relatively moderate and stable (16 new petitions have been introduced in 2007). 

11.3.3  Evaluation 

The  situation  in  the  area  of  direct  taxation  is  changing  as  the  infringement  action  and  the 
number  of  references  to  the  Court  have  increased  in  recent  years  and  this  trend  is  likely  to 
continue.  The  key  challenges  will  be  to  manage  this  increase  in  activity  with  the  available 
resources and to achieve correct application of Community law in this area. The position will 
continue to need to be monitored. 

A number of measures have already been taken to try and improve the situation. This includes 
a more strategic approach to infringement action in this area by focusing on specific priorities 
and adopting a more horizontal approach to similar infringements in different Member States. 

Moreover, the Commission is encouraging Member States to take a more pro-active approach 
to  removing  existing  tax  obstacles  by  examining  the  scope  for  co-ordination  of  Member 
States' direct tax systems. As outlined in the 2006 Communication on Co-ordinating Member 
States' direct tax systems in the Internal Market316 , the aim of this initiative is to ensure that 
national  tax  systems  comply  with  Community  law  and  interact  coherently  with  each  other. 
The  initiative  seeks  to  remove  discrimination  and  double  taxation  for  the  benefit  of 

314 COM(2007)502 of 05.09.2007 
315 COM(2006)823 of 19.12.2006 
316 COM(2006)823 of 19.12.2006 

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individuals and business while preventing tax abuse and erosion of the tax base. Coordinated 
solutions could help to remove discrimination and eliminate remaining tax obstacles to cross-
border  activity  and  thus  help  to  reverse  the  trend  of  increased  litigation  by  taxpayers  in 
national courts and the ECJ. The discussions with Member States have been encouraging so 
far  and  the  Commission  should  be  able  to  identify  whether  real  progress  has  been  made  by 
early 2009. 

Finally, it is welcomed that during 2007, 37 infringement cases have been closed because the 
Member States concerned decided to bring their legislation into conformity with Community 
Law.  These  figures  reveal  clearly  that  the  alignment  of  Member  States'  legislation  with 
Community  law  is  being  achieved  through  the  work  done  by  the  Commission  and  Member 
States in the context of infringement proceedings following the adoption of new directives. As 
stated in its 2007 Communication, the Commission has started to work with Member States to 
try  to  ensure  quicker  results  without  recourse  to  infringement  proceedings  always  being 
necessary. 

12  EDUCATION AND CULTURE 

12.1  Education 

In  2007:  two  infringement  cases  concerned  the  introduction  of  quotas  for  the  access  of  EU 
students  to  higher  education  by  two  Member  States  which  are  faced  with  a  influx  of  high 
numbers of students from other Member States. The introduction of quotas restricts the access 
of  such  students  to  the  higher  education  systems  of  the  Member  States  concerned.  It 
introduces differential treatment to the detriment of EU students other than the nationals. The 
differential treatment in question, according to ECJ case law, could be justified only if it were 
based on objective considerations independent of the nationality of the persons concerned and 
were  proportionate  to  the  legitimate  aim  of  the  national  provisions.  Following  the 
Commission  decision  in  November  2007  to  suspend  the  cases,  the  two  Member  States  will 
provide the Commission, over the next few years, with evidence to support their contention 
that their measures are justified and proportionate.  

In the area of academic recognition of qualifications, a significant development took place in 
a  case  concerning  excessive  sums  required  by  Portugal  for  the  recognition  of  foreign 
diplomas. As a result of the reasoned opinion of the Commission, notified in April 2007, the 
Portuguese  administration  announced  to  be  ready  to  follow  the  Commission's  position  and 
consequently  to  reduce  by  50%  the  amount  required  for  the  recognition  of  a  study  diploma 
obtained in another Member State. Contacts were started in order to give concrete expression 
to  this  declaration  and  to  close  the  file.  The  imposition  of  excessive  sums  for  the  academic 
recognition of foreign diplomas hinders trans-national mobility of students and is, therefore, 
incompatible with the Treaty principles. 

In 2007 EAC examined a number of complaints concerning several Member States related to 
the transport tariffs applied to students. The question is whether reductions of transport tariffs 
are social advantages which are covered by the principle of equal treatment for the benefit of 
EU students who pursue studies in the host Member State, in the same way as they apply to 
migrant  workers  and  their  families.  These  complaints  are  currently  at  the  stage  of 
investigation. 

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12.2  Sport 

In  the  area  of  amateur  sport,  the  Commission's  action  ended  successfully  in  the  case 
concerning  the  practice  of  amateur  football  competitions  in  Spain.  The  Spanish  Parliament 
adopted in July  2007 the law against violence, racism, xenophobia and intolerance in sport, 
which  requires  that  all  sports  federations  remove  from  their  regulations  any  provisions  that 
would lead to discrimination on grounds of nationality. The infringement case was therefore 
closed  in  September  2007  and  this  outcome  was  reported  to  the  European  Parliament's 
Petitions Committee in December 2007. 

13  HEALTH AND CONSUMER PROTECTION 

13.1   Introduction 

The  policies  and  laws  for  which  DG  SANCO  is  responsible  touch  the  daily  lives  of  most 
European citizens. DG SANCO ensures that our acquis is applied and enforced in a way that 
benefits citizens, empowers consumers and makes the benefits of the internal market a reality.  

DG SANCO (Health and Consumers) is responsible for three policy areas - consumer affairs, 
public health, and food and feed safety that includes veterinary and phytosanitory matters.  

Annex I paragraph 4 provides a comprehensive listing of the legislative acquis for each key 
policy area.  

For each of these three policy areas, a description of work done in 2007 is provided to show 
how DG SANCO promotes the correct application of its acquis. This part also describes how 
DG SANCO has evaluated its acquis in key policy areas to ensure coherence and stability in 
achieving  the  policy  goals.  It  also  described  how  DG  SANCO  proposes  to  improve  the 
situation  in  the  future  through  a  new  strategic  approach  conceived  during  2007  and  largely 
being implemented in 2008.  

13.2  Public Health 

13.2.1  Current position 

The EU has a small but important body of public health legislation covering matters such as 
the  safety  and  quality  of  blood,  blood  derivates,  human  tissues  and  human  cells  used  in 
medical treatments. It also includes laws restricting tobacco advertising and regulating other 
aspects of how cigarettes are manufactured and placed on the market.  

13.2.1.1 Work Done in 2007 

Tobacco Control 

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Directive 2001/37/EC contains provisions concerning the manufacture, presentation and sale 
of tobacco products. It is an effective tool for tobacco control in this area. The functioning of 
the  Directive  appears  stable  as  the  Commission  has  received  one  complaint  justifying  the 
launching  of  an  infringement  case.  In  the  framework  of  that  infringement,  the  Commission 
decided on 23 October 2007 to refer Finland to the Court of Justice for failure to comply with 
the judgment of the Court in case C- 343/05. Subsequently, the Court of Justice condemned 
Finland for allowing the Åland Islands not to transpose the obligation to prohibit the placing 
on the market of oral tobacco as provided for in Article 8 of Directive 2001/37/EC. In reaction 
to that decision, Finland took the necessary measures to comply.  

Directive  2003/33/EC  regulates  tobacco  advertising  and  sponsorship  with  cross-border 
implications  in  the  media  other  than  television.  On  12  December  2006  the  Court  of  Justice 
confirmed  the  validity  of  the  Directive.  The  Court  held  that  the  conditions  warranting  the 
choice of Article 95 of the EC Treaty as the legal basis were met thus creating legal certainty 
as to the legal basis of the policy tool as an internal market measure. 

The  deadline  for  bringing  into  force  the  laws,  regulations  and  administrative  provisions  to 
comply with the Directive was 31 July 2005. Although most Member States met this deadline 
around  12  Member  States  did  not  transpose  the  Directive  in  time  and  the  Commission  was 
obliged  to  open  infringement  proceedings  against  them.  The  Member  States  in  question 
subsequently communicated their transposing measures and the Commission was able to close 
these cases.  

Subsequent scrutiny of the transposition measures revealed that a few Member States (Spain, 
Hungary,  Italy  and  the  Czech  Republic)  originally  introduced  exemptions  from  the 
sponsorship ban for certain big events of great economic interest (such as Formula One and 
motor  cycle  GP).  The  Commission  therefore  launched  as  a  matter  of  urgency  infringement 
cases  against  all  four  Member  States.  As  a  result,  all  the  Member  States  concerned  rapidly 
changed  their  legislation  and  the  Commission  was  able  to  close  all  the  infringement  cases 
during the course of 2007. On the basis of the information available to the Commission, it can 
be concluded that the laws to transpose the Directive are in place and the legislation is now 
stable achieving implementation of the policy goals.  

Blood and tissues 

The  Community's  legislative  framework  (Directives  2002/98/EC,  2004/33/EC,  2005/61/EC 
and 2005/62/EC) addresses the quality, safety and efficacy requirements related to blood and 
blood  component  donations  whether  they  are  for  transfusion,  the  starting  material  for 
manufacturing plasma-derived medicinal products or as essentials in some in vitro diagnostic 
medical devices. It puts in place requirements for the collection, testing, processing, storage, 
and distribution of human blood and blood components, quality and safety standards, as well 
as traceability procedures. 

During  the  third  meeting  of  competent  authorities  (foreseen  by  Directive  2002/98/EC)  that 
was convened by  the Commission on 18 October 2007, Member States  were briefed on the 
latest  status  of  transposition  of  the  Blood  Directive.  The  Commission  urged  Member  States 
that were late in communicating their transposing measures for directives 2002/98, 2004/33, 
2005/61 and 2005/62 without further delay as infringement procedures were being processed 
against them.  

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One  Member  State  did  not  cooperate  in  the  process  of  transposing  the  Blood  Directive 
2004/33/EC. On 8 November 2007 the Court, in its judgment in case C-60/07, declared that 
the  Czech  Republic  has  failed  to  fulfil  its  obligations  to  transpose  the  directive.  During  the 
period of 2007 the Czech Republic continued to show consistent unwillingness to transpose 
this Directive triggering extensive consultations with the Member State for resolution of the 
problem.  

The Commission sent on 29 June 2007 reasoned opinions to the Member states that did not 
communicate transposition measures for Directives 2005/61/EC and 2005/62/EC. Greece and 
the Czech Republic have failed to comply with the reasoned opinion issued against them. DG 
SANCO intends to refer both Member States to the Court of Justice in the near future.  

On  the  use  of  tissues  and  cells  the  Commission  legislation  (Directives  2004/23/EC, 
2006/17/EC and 2006/86/EC) contains a regulatory framework that puts in place both quality 
and safety standards. 

The Commission organised on 8 February 2007 a first meeting with the competent authorities 
of  the  Member  State  in  order to  discuss  the  progress  and  the  difficulties  encountered  in  the 
transposition  of  Directives  2004/23/EC,  2006/17/EC  and  2006/86/EC.  During  this  meeting 
many Member States indicated that institutional re-organisation would be necessary to fully 
enforce these directives and that such efforts would begin during the notification period. 

On 20 April 2007 the Commission launched 19 letters of formal notice for Directive 2004/23 
and  on  the  same  day  the  Commission  also  launched  a  further  21  letters  of  formal  notice  in 
respect  of  Directive  2006/86.  Although  the  acquis  has  not  achieved  stability  in  this  area 
through  timely  transposition  we  have  not  received  any  complaints  or  petitions  in  this  area. 
The reasons for non-communication by Member States of their transposing measures remain 
somewhat  vague  during  the  notification  period.  The  Commission  will  continue  to  exert 
pressure on competent authorities to transpose these directives in a timely and orderly fashion. 

•  Stability of the public health acquis and program 

All nine public health directives had deadlines requiring Member States to communicate their 
transposition measure before the 31 December 2007. During 2007 the Commission has been 
encouraging  Member  States  to  notify  their  transpositions  through  meetings  with  competent 
authorities where progress up-dates have been requested. 

As  regards  the  quality  of  the  transposition,  DG  SANCO  is  reviewing  national  laws 
systematically with the aid of external support. Also, in order to assist in practical ways DG 
SANCO has also organised regular exchanges of best practice amongst Member States from 
the  adoption  of  new  legislation  onwards.  Partly  as  a  result  of  this  latter  initiative  there  are 
currently  no  infringement  cases  relating  to  non-conformity  or  incorrect  application  of  the 
above mentioned nine public health directives at this time. However this does not exclude the 
possibility that infringement cases may need to be opened in future as transposition advances 
and is finalised. 

The overall assessment is that the application of the acquis in this sector is encountering some 
difficulties in relation to legislation concerning tissues and cells, which may correspond to a 
certain  lack  of  maturity  in  this  policy  sector  within  some  Member  States.  That  is  why  the 
exchange of best practice between Member States at different levels of policy development is 

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a  key  driver  for  completing  good  transposition,  and  thereafter  good  application  of  the 
legislation. 

The  Public  Health  Programme  underwent  an  external  evaluation  during  the  course  of  2006. 
This evaluation was foreseen in the Decision No 1786/2002/EC of the European Parliament 
and  of  the  Council  of  23  September  2002.    The  purpose  of  the  evaluation  was  to  obtain 
independent,  evidence  based  information  on  the  implementation  and  achievement  of  the 
programme  during  its  first  three  years  (2003  -  2005).  According  to  the  findings  of  the 
evaluation, the overall picture is of a Programme that has pulled together a more disparate set 
of activities and established a recognised position for public health at the European level. 

13.3  Consumer Affairs 

13.3.1  Current position 

13.3.1.1 Work done in 2007 

Infringements proceedings 

The deadline for transposition of Directive 2005/29/EC of the European Parliament and of the 
Council concerning unfair business-to-consumer commercial practices in the internal market 
expired on 12 June 2007. Twenty-two Member States failed to notify transposition measures 
to the Commission by that date and as a result letters of formal notice were sent to each of 
those Member States. Subsequently, six Member States notified transposition measures before 
the end of 2007. 

Furthermore, in the area of consumer related infringements, the Commission sent a reasoned 
opinion to Italy for having limited in time the possibility to obtain, in the event of insolvency 
of  travel  organization,  the  refund  of  payments  made.  Italy  responded  that  it  will  amend  its 
legislation in 2008 in order to achieve full compliance with Directive 90/314/EEC on package 
travel,  package  holidays  or  package  tours.  However,  overall  the  Directive  appears  to  be 
operating well as few other problems were brought to the attention of the Commission during 
2007, with only one complaint being registered during that year. 

Legislative proposals 

Considerable  work  was  carried  out  during  2007  on  the  Review  of  the  Consumer  acquis 
through a thorough evaluation. In February 2007, the Commission adopted the Green Paper 
on the Review of the Consumer Acquis. This Green Paper concluded the diagnostic phase of 
the review, summing up the Commission’s initial findings and initiating a public consultation. 
It  identified  a  number  of  problems  with  the  current  legislation  in  the  area  of  consumer 
protection  and  presents  the  main  options  for  a  reform  as  well  as  a  number  of  specific 
questions. With this Green Paper, the Commission called on all interested parties to express 
their views on the issues identified in the context of the Review of the Consumer Acquis. The 
consultation period lasted until 15 May 2007.  

Directive  94/47/EC  of  the  European  Parliament  and  the  Council  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 was adopted in 1994. However, since the adoption 

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of the Directive new products and contracts have been developed, which are not covered by 
the  legislation.  These  new  products  include  those  which  can  be  called  "timeshare-like 
products" as well as the so-called "holiday discount clubs". Resale and exchange of timeshare 
schemes  are  not  covered  either  by  the  existing  legislation.  Some  of  the  new  products  and 
some  transactions  related  to  timeshare,  in  particular  resale,  cause  large  detriment  to 
consumers,  as  witnessed  by  a  significant  number  of  complaints,  and  unfair  competition  to 
honest traders, since they are not covered by the Directive.  

Recognising the problems that timeshare consumers are facing, and carrying on its work from 
2006, the Commission adopted a proposal for a new directive on 7 June 2007. The proposal 
aims at closing these regulatory gaps, by replacing the Timeshare Directive with a set of clear, 
modern and simplified rules. It is hoped that the new rules will enhance consumer protection 
by  extending  the  scope  of  the  current  rules  to  also  include  the  new  products  which  have 
emerged in the market, such as holiday clubs. Resale and exchange will also be covered. The 
new  rules  should  ensure  that  consumers  are  equally  well  protected  across  the  EU  and  will 
create a level playing field in the market for timeshare and other holiday-related products. 

Transposition checks 

During  2007,  DG  SANCO  has  also  been  active  in  pursuing  compliance  checks  for  several 
consumer related directives. It has verified the transpositions by the new Member States (EU-
10)  of  Directive  93/13/EC  on  unfair  consumer  contracts.  Varying  degrees  of  transposition 
problems  were  identified  in  nine  of  those  Member  States  and  pre-infringement  letters  sent. 
Furthermore, the Commission registered nine complaints regarding the implementation of this 
Directive by the Member States. The Unfair Contract Terms Directive is one of 8 directives 
being analysed during 2007 in the context of the Review of the consumer acquis. 

Checks  were  also  carried  out  on  the  transpositions  by  all  Member  States  of  Directive 
2002/65/EC of the European Parliament and of the Council concerning the distance marketing 
of consumer financial services and Directive 98/27/EC of the European Parliament and of the 
Council  on  injunctions  on  the  protection  of  consumers'  interests.  With  regards  to  Directive 
2002/65/EC  a  number  of  potential  transposition  problems  were  identified  and  pre-
infringement  letters  were  sent  to  nine  Member  States.  However,  with  regards  to  those  two 
Directives  no  complaints  were  registered  by  the  Commission  during  2007  as  a  result  of 
citizens' complaints regarding their implementation. 

Further  such  work  on  the  transposition  of  the  abovementioned  consumer  Directives  and 
follow up to some of the problems identified in 2007 is planned to be continued in 2008. 

In  2007,  the  Commission  addressed  a  Communication  to  the  Council  and  the  European 
Parliament on the implementation of Directive 1999/44/EC on  certain aspects of the sale of 
consumer  goods  and  associated  guarantees  including  analysis  of  the  case  for  introducing 
direct  producers’  liability.  The  Communication,  which  also  is  a  part  of  the  review  of  the 
acquis, concluded that the transposition of the Directive in the Member States raises a number 
of  problems.  Many  of  these  may  be  due  to  regulatory  gaps  in  the  Directive,  but  others  can 
already  at  this  stage  be  considered  as  incorrect  transposition  of  the  Directive.  The 
transposition checks have revealed significant divergences between national laws as a result 
of  the  use  of  the  minimum  clause  and  the  various  regulatory  options  provided  by  the 
Directive.  It  is  unclear  at  present  to  what  extent  these  divergences  affect  the  proper 
functioning  of  the  Internal  Market  and  consumer  confidence.  However,  requests  for  further 

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information  were  sent  to  the  majority  of  the  Member  States  concerning  their  national 
transpositions at the end of 2007. 

Scams of Directory Companies 

In  2007  the  Commission  responded  to  37  letters  from  businesses  and  MEPs,  2  written 
questions  and  4  Parliamentary  petitions  on  the  problems  created  by  certain  directory 
companies.  Since  this  problem  concerns  business-to-business  relationships  much  of  the 
European  Union  consumer  protection  legislation  does  not  apply.  An  exception  is  Directive 
2006/114/EC  of  the  European  Parliament  and  of  the  Council  concerning  misleading  and 
comparative  advertising.  Correspondents  were  encouraged  to  attempt  to  resolve  the  issue 
through  the  competent  national  authorities  who  are  responsible  for  enforcement  of  that 
Directive.  However,  at  the  end  of  2007  Commissioner  Kuneva  wrote  to  several  Member 
States  to  raise  awareness  of  the  complaints  received  so  far  and  request  information  on  how 
national  authorities  are  addressing  such  issues.  In  the  Commission's  opinion,  however,  this 
issue has not indicated any need to amend the Directive or extend other consumer protection 
legislation to cover business-to-business scenarios.  

EU-Sweeps 

In  2007,  the  first  EU  "Sweep"  was  carried  out.  It  is  new  kind  of  enforcement  action  which 
involves  a  systematic  check  carried  out  simultaneously  and  in  a  co-ordinated  fashion  in 
different Member States to investigate breaches of consumer protection law. 

The  first  such  investigation  concerned  15  Member  States  and  involved  an  analysis  of 
misleading  advertising  and  unfair  practices  on  airline  ticket  selling  websites.  The 
investigation  was  launched  and  co-ordinated  by  the  Commission  under  the  Consumer  Co-
operation  Regulation.  The  results  of  the  investigation,  which  scrutinised  over  400  websites, 
revealed that over 50% of all websites contained irregularities, in particular relating to price 
indications,  contract  terms  and  clarity  of  proposed  conditions.  Following  the  sweeps, 
companies were contacted by the national authorities and asked, where necessary, to change 
or correct their practices. 

Training 

Preventing  infringements  through  a  better  understanding  of  the  consumer  acquis  has  been 
undertaken by DG SANCO within 2007. DG SANCO has set up a series of training courses 
designed to help build the capacity of European consumer organisations. 

Consumer Protection Cooperation 

Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation 
between national authorities responsible for the enforcement of consumer protection laws (the 
Regulation on consumer protection cooperation) ensures adequate protection for consumers in 
cross-border situations. National public enforcement authorities are linked together in an EU-
wide Enforcement Network which has been given the means to exchange information and to 
work together to stop rogue traders or any other cross-border breaches to consumer laws. It 
tackles  breaches  in  a  variety  of  areas  such  as  misleading  advertising,  package  holidays, 
timeshares and distance selling. 

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All the authorities in the Network have similar investigation and enforcement powers which 
include the possibility of carrying out on-site inspections. Each one of them is able to call on 
any  other  member  in  the  network  for  assistance  in  their  investigations  and  enforcement 
actions.  Simultaneous  investigations  and  common  enforcement  actions,  such  as  internet 
sweeps, can be coordinated through the Network.  

The Regulation provides a wider framework for general administrative cooperation between 
Member  States and  the  Commission.  It sets out supporting measures to foster expertise and 
cooperation  between  enforcement  authorities.  This  includes,  for  instance,  the  setting  up  in 
2007  of  a  scheme  for  the  exchange  of  enforcement  officials  and  of  common  projects  to 
strengthen the ability of authorities to work together on subjects of EU-wide relevance.  

The  Enforcement  Network  started  its  operations  at  the  end  of  2006  and  was  officially 
launched on 28 February 2007. A first assessment of the start up of this network however is 
not entirely positive. Of the 256 requests for action created in 2007, only 95 were closed by 
the relevant national authorities in the same year. The backlog is still growing and the average 
time taken to  handle a  case is increasing. The pressure on this network is likely  to  increase 
still further as a result of EU wide initiatives such as "sweeps" for airline tickets, designed to 
make  evident  irregularities  that  ought  to  be  tackled  by  Member  States  in  co-operation  with 
each other and with the Commission. 

DG SANCO intends to raise at the political level the need for Member States to give adequate 
priority and resources to the management of these issues. It may also be necessary to consider 
launching  infringement  proceedings  in  the  coming  years,  if  there  are  persistent  patterns  of 
non-compliance by certain Member States with the obligations imposed by this Regulation. 

Alongside  this  action,  DG  SANCO  is  developing  a  capacity  to  monitor  markets  -  "market 
watch" - to identify situations meriting further and deeper examination, eventually leading to 
legal  proceedings.  It  is  also  developing  regulatory  co-operation  with  other  enforcement 
agencies, particularly in the US and China. 

RAPEX 

Directive  2001/95/EC  on  general  product  safety  (GPSD)  provides  the  legal  framework  for 
RAPEX.  The  RAPEX  system  is  used  to  exchange  information  on  dangerous  non-food 
consumer  products,  including  those  covered  by  “sectoral”  Directives  (e.g.  toys,  cosmetics, 
electrical  appliances,  personal  protective  equipment,  machinery  and  motor  vehicles).  The 
RAPEX  system  sets  up  a  rapid  exchange  of  information  on  dangerous  products  in  order  to 
protect the health and safety of consumers. 

The  number  of  dangerous  products  removed  from  the  EU  market  rose  by  53%  in  2007 
compared to in 2006. The assumption should not be made that an increase of the number of 
notifications  transmitted  through  the  RAPEX  system  reflects  somehow  on  more  dangerous 
goods being brought onto the European market. It is precisely because the market surveillance 
system  works  effectively  that  we  are  able  to  follow  carefully  the  trends.  In  fact,  the  steady 
growth  in  RAPEX  alerts  can  be  attributed  to  more  effective  product  safety  enforcement  by 
national  authorities,  greater  awareness  amongst  businesses  of  their  obligations,  enhanced 
cooperation  with 
the 
Commission.  

third  countries,  and  network-building  actions  coordinated  by 

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Toys were by far the most notified product category in 2007, confirming that child safety is a 
top-ranking  priority  for  market  surveillance  authorities,  although  motor  vehicles,  electrical 
goods and cosmetics also featured prominently in the RAPEX system. 

Once  again,  China  was  the  country  of  origin  for  more  than  half  of  all  risky  products  found 
(700 notifications). This can be partly explained by the high number of products imported into 
the  EU  from  China  (for  example  80%  of  all  toys)  and  the  intensified  focus  of  market 
surveillance authorities on Chinese products following the "summer of recalls". Cooperation 
with  China  on  product  safety  has  also  shown  positive  trends  and  considerable  efforts  have 
been made by the Chinese and EU authorities to improve the safety of EU products reaching 
the  EU  market.  The  increase  can  also  be  attributed  to  the  fact  that  the  number  of  unknown 
origin notifications fell in 2007 and it is likely that certain products which had been identified 
as being of unknown origin before were identified in 2007 as being of Chinese origin. 

The European Consumer Centres Network (ECC-Net) 

In  2007,  the  European  Consumer  Centres  Network  (ECC-Net)  helped  more  than  55.000 
consumers with information and advice on cross-border shopping, both in person and online, 
ensuring  that  they  are  aware  of  their  rights,  and  providing  support  in  handling  complaints. 
This  is  an  increase  of  5000  contacts  since  2006.  In  2007,  most  complaints  tackled  by  the 
ECCs concerned contract terms (25%), product and service (22,4%), and delivery (20%). The 
sectors mostly concerned were air transport and car rentals, internet scams and fake lotteries, 
and  non  delivery  of  audiovisual  products.  More  than  half  of  complaints  concerned  on-line 
transactions (55%). 

Apart  from  information  to  consumers  on  both  EU  and  national  rules  as  well  as  advice  to 
individuals facing consumer related cross-border problems, they have also helped consumers 
to  reach  agreements  on  complaints  with  traders  using  out-of-court  dispute  resolution 
mechanisms. Contacts are increasing yearly – 19% in 2006 and a further 10% in 2007. With 
the  help  of  latest  technology  in  the  form  of  a  new  database  launched  in  January  2007,  co-
operation between centres will be even more efficient in the future. The ECCs also provide 
valuable input for the European Commission on significant consumer policy issues. 

Apart  from  handling  information  requests  and  complaints,  ECCs  have  been  running  joint 
projects, such as a review on complaints regarding air passenger rights (project carried out by 
ECC Belgium, Ireland and Sweden), "Howard" the on-line shopping assistant (ECC Denmark 
and  Ireland),  an  information  campaign  with  leaflets  on  tourism  (fifteen  Centers  including 
ECC Spain, Germany, Cyprus and France as co-coordinators). They  were  key  organizers of 
other awareness-raising initiatives such as the campaign on the EU Timeshare Directive, the 
"You  choose!"  campaign  on  the  opening  of  national  energy  markets,  the  new  "Eurotariff" 
GSM roaming legislation, and other information actions. 

Stability of the consumer acquis and strategy 

On 13 March 2007 the Commission adopted a Consumer Policy Strategy for 2007-2013. The 
strategy  sets  out  the  challenges,  role,  priorities  and  actions  of  EU  consumer  policy  for  this 
period.  The  overall  objectives  of  the  Strategy  are  to  empower  consumers,  to  enhance  their 
welfare  and  to  protect  them  effectively.  The  Commission's  vision  is  to  achieve  by  2013  a 
single, simple set of rules for the benefit of consumers and retailers alike. 

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13.4  Food & Feed Safety 

13.4.1  Current position 

A review of the way SANCO applies the food safety acquis was conducted during 2007. The 
decision-making  process  has  been  improved  to  better  coordinate  and  structure  safeguard 
measures in relation to imminent risks to public health. There has also been a concerted effort 
to modernise and rationalise European legislation governing the marketing of seeds and plant 
propagating material. 

The  effective  enforcement  of  food  safety  legislation  is  primarily  dependent  on  control 
activities carried out by Member States competent authorities. Regulation (EC) 882/2004 on 
official controls establishes the parameters of how Member States are to monitor and verify 
that the relevant requirements of food and feed law, of animal and plant health and of animal 
welfare  are  fulfilled  by  business  operators  at  all  stages  of  production,  processing  and 
distribution. 

13.4.1.1 Work done in 2007 

In  three  cases  the  Commission  decided  to  pursue  infringement  proceedings  against  Greece 
because that Member State persistently fails to comply with a range of important components 
of Community food safety legislation.  

The  Food  and  Veterinary  Office  (FVO)  missions  have  been  highlighting  since  1998 
fundamental  systemic  shortcomings  in  the  performance  of  the  Greek  authorities’  official 
controls in the area of food safety, animal health and animal welfare. These shortcomings are 
partly  attributable  to  the  scarcity  of  human  resources  in  the  Greek  veterinary  services  and 
partly to a failure to ensure that decentralised authorities comply with central instructions. As 
the  Commission  concluded  that  the  results  of  the  efforts  made  by  the  Greek  authorities  to 
solve these problems were unsatisfactory, the Commission referred the case to the Court.  

In  September  2005,  the  FVO  unravelled  further  evidence  of  systemic  deficiencies  in  the 
management of animal by-products. The Commission decided to send a reasoned opinion for 
these shortcomings and consider how to consolidate a prior infringement case with these new 
elements for joint referral to the Court of Justice within 2008.   

Also  following  inspections  of  the  FVO,  the  Community  referred  Greece  to  the  Court  of 
Justice  for  failure  to  apply  in  a  satisfactory  way  the  Community  legislation  relating  to  the 
protection of animals during transport and in slaughterhouses.  

Poland  prohibits  the  inclusion  of  genetically  modified  varieties  of  seeds  in  the  national 
catalogue of seed varieties and the placing on the market of those varieties. It also prohibits 
the placing on the market of feed containing genetically modified organisms. As Poland did 
not  provide  an  acceptable  justification  for  this  major  deviation  from  the  Community 
legislation applicable to seed and feed, reasoned opinions were sent to that Member State for 
both cases. 

Germany  imposes,  in  addition  to  the  fees  established  by  the  Community  for  veterinary 
inspections and controls, a fee for bacteriological tests. As case law has established that such 
additional  fees  are  not  lawful,  the  Commission  decided  to  refer  this  case  to  the  Court  of 
Justice. 

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The Commission does not accept that Member States create trade barriers by invoking safety 
issues that have already been addressed by the Community in a uniform and evidence-based 
approach. The Commission considers that as the Community legislation sufficiently addresses 
the problem of avian influenza, Italy is not entitled to impose additional measures by making 
it compulsory to indicate the origin of the product on the labelling of poultry. Therefore, the 
Commission addressed a reasoned opinion to that Member State. 

•  Avian Influenza 

Following  a  comprehensive  evaluation  of  EU  legislation  on  avian  influenza,  this  has  now 
been updated to respond to the challenges that Europe faces today. A new Council Directive 
on avian influenza was adopted by the Member States in the Council in December 2005 and 
aims  at  better  prevention  and  control  of  outbreaks.  It  takes  into  account  the  most  recent 
scientific knowledge on avian influenza and repeals the old Directive (92/40/EC) . The new 
legislation has entered into force, but Member States are obliged to implement it only as of 1 
July 2007. All Member States have transposed the Directive into their national systems, with 
the exception of Italy. A letter of formal notice was prepared and transmitted to Italy within 
2007 and the infringement process will continue until compliance is achieved.  

The Commission has not received any complaints about inadequate transposition of the new 
legislation the key element of which is the ability of a Member State to adequately respond to 
an outbreak through a contingency plan. 

•  Bluetongue 

Climate change has increased the risk of bluetongue, a vector borne disease, spreading from 
south to north in Europe. Council Directive 2000/75/EC was evaluated to see whether there 
was a need for detailed implementing measures and control rules and measures to combat the 
spread of bluetongue within the Community. It was found that demarcation of protection and 
surveillance  zones  should  take  into  account  geographical,  administrative,  ecological  and 
epizootiological  factors  connected  with  control  arrangements  regarding  bluetongue.  It  was 
deemed  necessary,  in  particular,  to  lay  down  rules  as  regards  the  minimum  harmonised 
requirements  for  monitoring  and  surveillance  of  bluetongue  in  the  Community  and  on  the 
exemptions for the exit ban provided for in directive 2000/75/EC.  

As a result, Commission Regulation (EC) No 1266/2007 of 26 October 2007 on implementing 
rules  for  Council  Directive  2000/75/EC  was  adopted  to  address  these  issues.  Recent 
experience has shown that under certain conditions the effectiveness of the measures provided 
for in Regulation (EC) No 1266/2007 to ensure the protection of animals against attacks by 
vectors might be undermined by a combination of factors, including the new vector species, 
new route of transmission of the disease, climate conditions and the type of husbandry of the 
susceptible ruminants.  

In  view  of  those  circumstances  and  pending  their  further  scientific  assessment  Commission 
Regulation (EC) No 394/2008 lays down some transitional measures. These new rules provide 
that  animals  that  are  moved  from  restricted  zones  into  bluetongue-free  areas  are  either 
vaccinated or shown to be naturally immunised.  

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The  acquis  in  this  area  is  stabilising  and  we  have  not  received  any  complaints,  inquiries  or 
petition  that  would  lead  the  Commission  to  believe  that  control  measures  to  combat 
bluetongue were inadequate or disproportionate. 

•  Labelling 

In the EU, there are many rules affecting labels, and there is much debate about the proper use 
of  labels  and  the  best  parameters  for  labelling.  A  number  of  aspects  of  labelling  legislation 
were reviewed in 2006-2007 in order to identify a coherent overall approach to labelling.  

A crucial change envisaged in this area is the shift towards a system of directly enforceable 
Community rules to replace Directive 2000/13. In 2008 a proposal for a Regulation on Food 
information was adopted by the Commission to make food labels clearer and more relevant to 
the needs of EU consumers. The aim of the draft Regulation is to modernise and improve EU 
food  labelling  rules,  so  that  consumers  have,  in  a  legible  and  understandable  manner,  the 
essential information they need to make informed choices. The draft Regulation also provides 
that most processed food will have to display key nutritional information on the front of the 
package.  General  requirements  on  how  nutrition  information  should  be  displayed  on  food 
labels  are  also  set  out,  although  there  is  room  for  Member  States  to  promote  additional 
national schemes provided they do not undermine the EU rules.  

For public health reasons, the draft Regulation extends the current requirements for allergen 
labelling to cover non pre-packed food, including food sold in restaurants and other catering 
establishments.  

Industry  should  also  benefit  from  the  proposed  new  rules,  as  they  set  up  a  clearer,  more 
harmonised  legislative  framework  for  food  labelling  and  create  a  level  playing  field  for  all 
operators.  The  draft  Regulation  was  drawn  up  following  extensive  consultations  with 
consumer organisations, industry and other stakeholders. 

With  respect  to  labelling  of  feed,  the  Commission  has  adopted  a  proposal  for  a  Regulation 
which considerably simplifies the existing procedures for labelling and marketing animal feed 
and pet food, while making the overall system more efficient and maintaining the same high 
level of protection of animal health, animal welfare and public health.  

Industry  should  also  benefit  from  the  proposed  new  rules,  as  they  set  up  a  clearer,  more 
harmonised  legislative  framework  for  food  labelling  and  create  a  level  playing  field  for  all 
operators. The draft Regulation was drawn up during the course of 2007 following extensive 
consultations with consumer organisations, industry and other stakeholders 

•  Health & Nutritional Claims 

As consumers have become increasingly concerned about what they eat and how this affects 
their  health,  the  food  industry  has  responded  by  providing  more  detailed  nutrition  labelling 
and often making claims about the beneficial effects of certain foods. The previous EU rules 
on  labelling  and  nutrition  labelling  that  did  not  define  conditions  for  the  use  of  nutrition 
claims and did not permit health claims to be made. As a result, many consumers were often 
misled by claims that had not been properly substantiated. 

Regulation  (EC)  N°  1924/2006  of  the  European  Parliament  and  of  the  Council  on  nutrition 
and health claims made on foods was adopted to resolve the situation. This Regulation aims at 

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laying down harmonised rules for the use of nutrition and health claims and contributes to a 
high level of consumer protection.  

It ensures that any claim made on a food label in the EU is clear, accurate and substantiated, 
enabling consumers to make informed and meaningful choices. The Regulation also aims to 
ensure fair competition and promote and protect innovation in the food sector area. 

To  promote  better  application  of  this  new  Regulation,  DG  SANCO  has  set  up  a  Working 
Group with experts from Member States in order to examine a series of issues concerning the 
implementation of this Regulation. 

The  Standing  Committee  on  the  Food  Chain  and  Animal  Health  has  approved  a  guidance 
document on the implementation of this Regulation at its meeting on the 14 December 2007. 
This  guidance  documents  seeks  to  assist  interested  stakeholders  to  better  understand  and  to 
apply correctly and in a uniform way the new Regulation. 

•  Animal Health Strategy 

In the area of animal health, one of the key elements of the efforts to rationalise the acquis in 
this  domain  involves  an  extensive  evaluation  and  a  large  stakeholder  consultation  of  all 
animal health legislation. 

The existing legislation on animal health covers many different policy areas: intra-community 
trade,  imports,  animal  disease  control,  animal  nutrition  and  animal  welfare.  This  series  of 
linked and interrelated policy actions will be replaced by a single regulatory framework that is 
as aligned as possible with international standards and guidelines.  

The  aim  is  to  have  simpler,  more  modern  and more  relevant  animal  health  rules,  which  are 
flexible  enough  to  be  adapted  to  new  situations  as  they  arise.  It  would  also  significantly 
reduce  the  number  of  SANCO  directives  converting  most  of  them  into  detailed  regulations 
that  would  have  direct  effect  in  Member  States  and  would  not  need  resources  to  check 
conformity with directives. 

The  Commission  considered  it  imperative  to  re-think  our  animal  health  strategy  given 
enlargement, new challenges resulting from the emergence of new diseases, climate change, 
changes in trade and new developments in science, including technological advances. 

•  GMO Food and Feed 

In 2007, the legal framework for the authorisation of genetically modified food and feed was 
carefully applied to achieve the required high safety standards for consumers. 

In  total  nine  applications  for  authorisations  were  submitted  to  the  relevant  regulatory 
committee.  However,  a  qualified  majority  was  never  achieved,  neither  in  the  regulatory 
committee  nor  in  the  Council.  As  a  consequence,  the  proposals  were  processed  through  the 
whole comitology procedure with the adoption by the Commission at the end. In addition, the 
Commission  took  measures  in  relation  to  five  GM  products,  which  are  no  longer  on  the 
market allowing a proper phasing out of the products in the following years. 

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In order to increase the support from Member States in the authorisation process, DG SANCO 
started  work  in  2007  to  establish  a  legal  framework  for  the  EFSA  risk  assessment  to  be 
endorsed by MS, aiming at an improved confidence in the risk assessment process. 

Moreover,  7  Decisions  on  the  confidentiality  status  of  GM  application  dossiers  have  been 
assessed in 2007 (notified early 2008 to the applicant). Furthermore, given that no Decision-
making  procedures  were  set  for  confidentiality,  DG  SANCO  started  in  collaboration  with 
EFSA a reflection on the possibility to establish a common code of good practices aiming at 
harmonising the procedures and policies as regards confidentiality and public access to GM 
application dossiers.  

As  regards  Community  emergency  measures  against  the  placing  on  the  EU  market  of  non 
authorised GMOs, 2 different actions were undergone :1/ the emergency measure in relation 
to  adventitious  presence  of  the  non  authorised  GM  event  Bt10  in  US  maize  products  was 
withdrawn in 2007 when it became clear that there were no risk of further contamination of 
the maize products exported to the EU; 2/ the emergency measure taken in 2006 in relation to 
the adventitious presence of GM LL RICE 601 in US long grain rice was closely monitored 
and reviewed  in  2007. Following implementation of preventive measures in the  US  and  the 
publication of an official investigation report, intensive discussions with US authorities took 
place which resulted in a protocol on sampling and testing.   

As regards safeguard clauses applied by Member States against the placing on the market of 
authorised GMOs, Greece extended in 2007 for another 24 months its national prohibition to 
place  on  the  market  varieties  derived  from  genetically  modified  maize  MON  810  and  new 
scientific  elements  were  provided.  These  elements  were  sent  by  the  Commission  to  the 
European Food Safety Authorities for assessment.  

As regards the monitoring by the Commission of the implementation of the legislation on GM 
food and feed in the MS, the Food and Veterinary Office (FVO) of DG SANCO carried out in 
2007  inspection  missions  to  Greece,  Austria,  the  Netherlands  and  to  Brazil.  Inspection 
missions  to  Member  States  formed  part  of  a  series,  the  purpose  of  which  is  an  ongoing 
evaluation  of  Member  State  official  control  systems  concerning  implementation  of 
Regulations 1829/2003 and 1830/2003. In general, implementation of Community legislation 
in the area of GMOs in the Member States inspected was found to be satisfactory with some 
minor issues around laboratory accreditation. The mission to Brazil (a major supplier of soya 
and  derivatives)  was  to  evaluate  the  system  of  export  of  these  products  to  the  EU.    The 
mission report underlines  that  Brazil controls  of products to the EU are industry  based, and 
the  findings  indicated  that  'identity  preserved'  programs  worked  well.  In  addition,  to  the 
inspection  work  of  the  FVO,  the  Commission  decided  to  continue  infringement  procedures 
against Poland which adopted laws against the placing on the Polish market of authorised GM 
seeds and GM feed. 

Finally, in November 2006, the WTO Dispute Settlement Body adopted the Panel report on 
GMOs  which  found  the  EC  in  violation  of  the  SPS  agreement.  Since  then  and  during  the 
whole  year  2007  a  dialogue  has  been  opened  with  the  complainants  (USA,  Argentina  and 
Canada) to find a solution to the dispute thus avoiding sanctions. 

•  Novel Foods 

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DG SANCO has also been evaluating the effectiveness of novel food legislation that was in 
need  of  responding  to  new  market  realities.  A  revision  of  the  Novel  Food  Regulation  was 
deemed necessary in order to reflect the fact that genetically modified (GM) food no longer 
falls within the scope of novel food legislation. The revision is also motivated from the need 
to  avoid  stifling  innovation  by  creating  a  more  favourable  legislative  environment  for  food 
industry, and to better facilitate both internal and external trade in foodstuffs. The consumer 
would also benefit from a wider choice of safe novel foods.  

The  proposal  adopted  by  the  Commission  seeks  to  improve  access  of  new  and  innovative 
foods to the EU market, while maintaining a high level of consumer protection and ensuring 
food  safety.  Under  the  draft  Regulation,  novel  foods  would  be  subject  to  centralised 
Community authorisation procedure.  

In the future, the Commission will receive the application for authorisation and the European 
Food Safety Authority will carry out the scientific assessment on the product. The "one door – 
one  key"  approach  to  approval  of  novel  foods  will  align  the  process  to  that  taken  on  food 
additives, food enzymes and food flavourings. This means that the applicant may make one 
application for approval covering all these possible uses of the substance in question.  

The  proposal  also  sets  out  data  protection  rules,  which  aim  to  protect  newly  developed 
foodstuffs  once,  authorised,  and  encourage  companies  to  invest  in  developing  new  types  of 
foods  and  food  production  techniques.  Moreover,  a  notification  procedure  is  introduced  for 
foods which have not been traditionally sold in the EU but which have a safe history of use in 
third countries. 

There have been no complaints or petitions in relation to this proposal given that stakeholders 
were mostly in favour of having more general and therefore more flexible requirements. 

•  Plant Protection – Pesticide Residues 

The use of plant protection products may constitute a risk for human and animal health and 
the  environment.  The  Commission  services  responsible  for  this  area  take  those  risks  very 
seriously.  Regulation  (EC)  No  396/2005  ensures  that  the  level  of  plant  protection  products 
contained in and on food is safe for consumers. Directive 91/414/EEC concerning the placing 
of plant protection products on the market regulates the use of plant protection products.  

Prior to Regulation (EC) No 396/2005, each Member State applied its own maximum residue 
levels for pesticides. Previous European legislation set different levels for different kinds of 
product: some fruit and vegetables (Directive 76/895/EEC), cereals ( Directive 86/362/EEC), 
foodstuffs  of  animal  origin  (  Directive  86/363/EEC)  and  plant  products,  including  fruit  and 
vegetables ( Directive 90/642/EEC). 

With the evaluation of the effectiveness and efficiency of this body of legislation, it was seen 
that  establishing  maximum  residue  levels  (MRLs)  of  pesticides  permitted  in  products  of 
animal or vegetable origin that are intended for human or animal consumption was the way 
forward. As a result Regulation 396/2005 now ensures that pesticide residues in foodstuffs do 
not constitute an unacceptable risk for consumer and animal health. 

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In  accordance  with  Article  8  of  Directive  91/414/EEC  concerning  the  placing  of  plant 
protection  products  on  the  market  the  Commission  has  to  assess  within  a  certain  timeframe 
the active substances contained in plant protection products that were already on the market at 
the date of the application of that Directive.  

In  1992,  the  Commission  launched  an  ambitious  review  programme.  Regulation  (EEC)  No 
3600/92 laid down detailed rules for the first stage of that programme.   The procedures for 
the three further stages of the programme have been laid down in 2000 (Regulation (EC) No 
451/2000), 2002 (Regulation (EC) No 1490/2002) and in 2004 (Regulation No 2229/2004).  

The rules laid down in those Regulations provide that persons or companies wishing to secure 
the  inclusion  of  active  substances  in  the  positive  list  of  Annex  I  of  Directive  91/414/EEC, 
submit  by  a  certain  date  a  dossier  meeting  the  requirements  of  the  Directive  in  order  to 
demonstrate  that  it  may  be  expected  that  plant  protection  products  containing  those  active 
substances are sufficiently safe for human or animal health or for the environment.  

The first and second stages of the work programme have been finalised. Until 31.12.2007 the 
Commission  took  decisions  on  144  of  the  416  dossiers  submitted  in  the  framework  of  the 
programme. The Commission has to take decisions on the remaining dossiers before the end 
of 2008. 

On the basis of its evaluation of the submitted dossier the Commission decided not to include 
50  active  substances  in  Annex  I  of  the  Directive.  These  decisions  are  based  on  the  strict 
application  of  Directive  91/414/EEC  and  of  the  procedural  rules  contained  in  the 
implementing  Regulations.  In  order  to  obtain  that  the  plant  protection  products  containing 
those active substances can remain on the market, certain companies that notified the dossiers, 
seek the annulment by the Court of those Commission decisions by invoking errors during the 
assessment or with regard to the procedural rules.  

The Commission received only few complaints on the bad application by the Member States 
of  Directive  91/414/EEC.  Most  concern  issues  relating  to  the  provisions  on  data  protection. 
Only in one of those cases an infringement procedure is ongoing. It has to be stressed that in 
this  policy  area  numerous  guidance  documents  and  strong  cooperation  between  Member 
States  and  the  Commission  through  expert  groups  contribute  to  a  correct  application  of  the 
Community legislation. 

After an intensive consultation of stakeholders, the Commission proposed on 12 July 2006 a 
Regulation  concerning  the  placing  of  plant  protection  products  that  will  replace  Directive 
91/414/EEC.  The  draft  Regulation  contains  measures  for  shorter  and  clearer  authorisation 
criteria,  streamlined  procedures,  simplified  data  protection  rules,  provisions  for  the 
substitution  of  active  substances  with  safer  alternatives  and  a  reduction  in  testing  on 
vertebrate animals. 

•  Seeds and Plant Propagating Material 

During the course of 2007 an evaluation of the European legislation governing the marketing 
of seeds and plant propagating material (S&PM) was conducted that covered 12 directives.  

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Many stakeholders were dissatisfied with the fact that most of these directives had undergone 
many amendments often making it difficult to ascertain the rules in this area. The evaluation 
in 2007 has shown a need to modernise and simplify the legislation in this area.  

The  final  conclusions  to  this  evaluation  are  expected  in  2008  and  an  action  plan  will  be 
drafted  in  2009  in  respect  of  12  directives  (66/401/EEC  -  fodder  plants  seed,  66/402/EEC  - 
cereals  seed,  68/193/EEC  -  material  for  the  vegetative  propagation  of  vine.  92/33/EEC  - 
vegetable  propagating  and  planting  material  other  than  seed,  92/34/EEC  -  fruit  plant 
propagating material and fruit plants intended for fruit production, 98/56/EEC - propagating 
material  of  ornamental  plants,  99/105/EC  -  forest  reproductive  material,  2002/53/EC  - 
common  catalogue  of  varieties  of  agricultural  plant  species,  2002/54/EC  -  beet  seed, 
2002/55/EC - vegetable seed, 2002/56/EC  - seed potatoes, and 2002/57/EC -seed of oil and 
fibre plants.) 

•  Animal By-Products 

The  use  of  certain  animal  by-products  (ABPs)  in  animal  feed  can  spread  BSE  and  other 
animal diseases or spread chemical contaminants such as dioxins. ABPs can also pose a threat 
to animal and human health via the environment, if not properly disposed of.  

Member States and operators have indicated that they have made generally good progress in 
applying the ABPs Regulation No EC 1774/2002. There is broad support for the principles of 
the Regulation, and the controls are proportionate in most cases. In particular, the increase in 
the  number  of  outlets  for  ABPs  and  the  potential  for  increasing  the  amount  of  material 
recycled is welcome. The vast majority of ABPs produced including all risk materials are now 
being handled in accordance with the Regulation and consigned to the permitted outlets. 

However,  Greece  through  a  series  of  FVO  mission  has  been  shown  to  lack  the  necessary 
human and institutional capacity to properly apply the Regulation and as a result a reasoned 
opinion was issued against Greece in relation to this matter. 

The FVO during the course of 2007 has also uncovered evidence that the ABP Regulation is 
not being applied in Malta. As a result, the Commission services responsible for enforcement 
have registered an inquiry against the Maltese competent authorities who have been requested 
to  present  an  action  plan  to  remedy  the  situation.  The  matter  is  being  closely  monitored  to 
ensure proper application of the legislation.   

With respect to Poland, an outstanding concern about the proper application of the legislation 
on  ABPs  has  led  to  a  series  of  high-level  exchanges  in  order  to  help  call  upon  the  Polish 
authorities to take effective steps to remedy the situation.  

Further consultations are being carried out with Member States and stakeholders in order to 
prepare  the  ground  for  a  comprehensive  revision  of  the  ABP  legislation  to  achieve  further 
simplification and bolster enforcement capabilities.  

•  Animal Welfare during Transport 

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Council  Regulation  (EC)  No.  1/2005  became  applicable  in  January  2007  and  amounts  to  a 
radical overhaul of the existing EU rules on animal transport and it identifies the chain of all 
those  involved  in  animal  transport,  defining  "who  is  responsible  for  what"  thus  facilitating 
more effective application of the new rules. 

The Regulation provides for more efficient monitoring tools such as checks on vehicles via a 
satellite navigation system from 2007. It also has much stricter rules for journeys of more than 
8 hours, including a substantial upgrading and official approval of vehicle standards. 

The  Regulation  does  not  include  new  measures  on  travelling  times  or  stocking  densities. 
Some of the applicable rules suffer from imprecision which contributes to legal uncertainty. 
The Commission is considering the way forward on how to amend this legislation to achieve 
further legal certainty and higher animal welfare protection. 

Further reinforcing the Application of Acquis by DG SANCO 

 DG  SANCO  exploits  a  combination  of  methods  to  achieve  compliance.  Formal  legal 
proceedings against a Member State are used only where it is apparent that there is a blatant 
violation or where a Member State is exhibiting lack of cooperation to resolve an issue.  

This  is  because,  as  a  general  trend  and  despite  the  best  of  efforts  by  the  Commission,  with 
some notable exceptions, infringement procedures are slow to achieve results. Prevention of 
infringements  through  strong  relationships  with  Member  States  may  often  resolve  an 
enforcement issue more effectively. Often Member States are not fully aware of the scope and 
nature  of  their  legal  obligations.  Guidance  documents  on  specific  and  complex  pieces  of 
legislation have been particularly conducive to enhancing better application of the acquis on 
the  ground.  Other  times,  Member  States  fail  to  put  in  place  adequate  capacity  to  properly 
apply legislation for which the pressure exerted by the Commission to show a plan of action 
to resolve the matter achieves acceptable results. 

•  Prevention 

Laws cannot be properly applied unless they are fully understood by those that enforce it or 
apply it in order to comply with its provisions.    

The Commission services have issued implementation guidelines on the correct application of 
their food safety legislation. In this context, a guidance document  on  the  implementation of 
specific  provisions  of  the  General  Food  Law  under  Regulation  (EC)  No  178/2002  was 
published.  In  addition,  in  the  interest  of  transparency,  the  Commission  has  encouraged  all 
parties concerned to openly discuss the implementation and application of the Regulation in 
forums where Member States can be consulted and where different socio-economic interests 
can be adequately expressed.  

Another example of proactive prevention by the Commission is the publication of a guidance 
document in relation to Regulation (EC) No 882/2004 concerning microbiological sampling 
and testing of foodstuffs. This document, which is directed at competent authorities carrying 
out official controls, aims to advise on how to engage in official sampling, the requirements of 

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official  laboratories,  analysis  methods  to  be  used  for  official  samples  and  microbiological 
criteria applied to official samples.  

Moreover, since the adoption of the new rules on the hygiene of foodstuffs (Regulations (EC) 
Nos  852/2004,  853/2004  and  854/2004),  and  of  the  rules  on  officials  controls  (Regulation 
(EC) No 882/2004), the Commission held a series of meetings with experts from the Member 
States  in  order  to  examine  and  reach  a  consensus  on  a  number  of  implementation  issues 
concerning the new Regulations. As a result a guidance document was issued for the benefit 
of competent authorities and food businesses in the Member States and in third countries on 
certain  key  questions  with  regard  to  the  implementation  of  the  new  food  hygiene  import 
requirements and on related subjects. 

Also for the implementation and consistent application of Directive 91/414/EEC concerning 
the  placing  of  plant  protection  products  on  the  market,  the  Commission  has  adopted  38 
guidelines. 3 additional guidelines were adopted in 2007 and 1 existing guideline was revised. 

The Commission launched in 2006 a training programme "Better Training for Safer Food" 
aimed at organising a Community training strategy in the areas of food law, feed law, animal 
health and animal welfare rules, as well as plant health rules. Training is designed for all staff 
of competent authorities of Member States involved in official control activities so as to keep 
them up-to-date with all aspects of Community law in the areas specified above and to ensure 
that controls are carried out in a more uniform, objective and adequate manner in all Member 
States.  For  2007  the  Commission  programmed  62  training  events  involving  about  3000 
officials of Member States and third countries.  

Another type of prevention is provided for in Directive 98/34/EC laying down a procedure for 
the  provision  of  information  in  the  field  of  technical  standards  and  regulations.  This 
Directive obliges Member States to notify to the Commission, before they are adopted, draft 
acts  containing  technical  standards  and  regulations.  During  2007  the  Commission  services 
responsible for health and consumers commented on 224 notifications of draft legislations in 
order  to  avoid  that  Member  States  adopt  legislations  which  would  be  incompatible  with 
Community law. 

Discussions  with  Member  States  either  bi-laterally  or  multilaterally  often  identify  areas  of 
difficulty in fully appreciating the nature of specific legislative instruments. The Commission 
services often provide detailed interpretations of specific provisions in order to achieve broad 
but uniform understanding of specific provisions. 

•  Audits and Inspections 

Another aspect of prevention is the ability of the Commission services to see for themselves 
the realities of enforcement on the ground. Enforcement of the food safety legislation would 
be weak if the Food and Veterinary Office (FVO) was not able to examine whether Member 
States properly apply food and feed safety controls.  

Each year the FVO develops an audit and inspection programme identifying priority areas and 
countries. It carries out around 250 audits and inspections annually. Following each, a report 
is  issued  which  sets  the  actions  needed  to  improve  compliance.  The  large  majority  of 
weaknesses in control systems identified by the FVO are normally addressed through specific 
action  plans  drawn  up  by  national  authorities  in  response  to  its  recommendations.  The 

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inspection  reports  deliver  valuable  feedback  on  compliance  in  practice,  on  the  ground,  with 
EU  legislation  and  identify  specific  transposition  issues  when  they  arise,  in  each  of  the 
Member  States.  The  work  of  the  FVO  enables  DG  SANCO  to  target  legal  transposition 
checks  on  areas  and  in  Member  States  where  a  reasonable  assurance  of  compliance  is  not 
fully achieved.  

As  a  result  of  recent  inspections  in  Member  States,  around  46  cases  have  been  identified 
where  there  are  apparent  failings  in  the  transposition  of  EU  law  have  been  identified,  and 
these  are  being  followed  up  with  a  view  to  launching  infringement  cases  as  appropriate,  if 
satisfactory resolution cannot be achieved in other ways. 

In recent years, the FVO has developed overall country profiles for each Member State and 
for the EU's main trading partners. These profiles bring together and summarise the results of 
specific audits and inspections over time and across all relevant sectors. They can thus help to 
identify  systemic  weaknesses  in  the  overall  design  and  application  of  national  control 
systems.  As  these  results  are  progressively  refined  and  validated,  remedial  action  can  be 
proposed that addresses the underlying cause of weaknesses that are common to a number of 
specific sectors, for example the absence of a system of documentary records of controls or 
the absence of an effective system of sanctions for non-compliance.   

•  Prioritisation of Infringements 

DG SANCO opened 428 new cases (including the 333 cases for non communication; 55 new 
complaints,  40  cases  on  our  own  initiative).  350  letters  of  formal  notice  were  sent  (333  for 
non  communication,  17  for  substantive  cases).  In  total  we  closed  334  cases  (264  for  non 
communication, 70 for substantive cases). 

DG SANCO will be improving the prioritisation of cases in line with the strategic priorities 
that the Commission has established and which DG SANCO has applied in its domain. 

DG  SANCO  continues  to  treat  non-communication  of  national  measures  transposing 
directives or other notification requirements as a top priority. Late notifications in the field of 
food  and  feed  safety  especially  by  Romania,  Portugal  and  Italy  account  for  the  bulk  of  the 
shortfall, and attention will be focussed therefore on these countries. 

Compliance  of  transpositions  by  Member  States  is  being  facilitated  by  insisting  on  the 
obligation  to  have  a  concordance  tables  to  facilitate  such  verification.  The  programme  of 
positive action to facilitate the exchange of experience between Member States between the 
adoption of the new legislation and its transposition will be extended beyond consumer and 
health policies, to the food safety sector.  

Special attention will be given to verifying the transposition of provisions which are crucial to 
the effectiveness of food safety, animal health and animal welfare, which are in the remit of 
Member States. Accordingly, infringements will be launched where appropriate. 

Finally, for other low priority cases, attempts will be made in the first instance to find non-
judicial consensual solutions with the Member State concerned through partnership channels 
available to DG SANCO. 

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13.5  General Evaluation 

DG SANCO is in the forefront of evolving to address the challenges posed by the need to use 
resources for better application of EC law more effectively and on issues that are important 
for EU citizens and for the credibility of the European Commission.  

In  order  to  manage  better  the  resources  needed  to  assess  compliance  of  SANCO  directives 
with transposing measures of Member States, sectoral directives are being consolidated into 
regulations where appropriate following evaluation of such directives.  

The most difficult challenge for the application of EU law in the policy fields for which DG 
SANCO is responsible, is the rapidity of technological progress in particular in the fields of 
the  genetic  modification  and  cloning  of  plants  and  animals,  emerging  nanotechnologies  and 
emerging  issues  of  the  consumer's  right  to  privacy  as  well  as  fair  commercial  practice  in  a 
digital  market.  This  puts  constant  pressure  on  the  regulators  to  strike  the  balance  between 
evidence and science and public concerns and perceptions. 

Lastly, as part of its ongoing programme of simplification and modernisation of its legislation, 
DG SANCO is consolidating sectoral directives into regulations, thus facilitating the control 
of legal compliance by Member States. 

14  JUSTICE FREEDOM AND SECURITY 

Current position A comprehensive list of JLS acquis in force is publicly available on the JLS 
EUROPA  website317.  For  a  detailed  list  of  the  existing  measures  in  force  by  sector  please 
refer to Annex I paragraph 5 

As  a  follow-up  of  the  Hague  Programme,  it  has  become  customary  to  adopt  a  yearly 
Scoreboard Plus, the last one published on 28 June 2007318. In addition to the monitoring of 
the adoption process, this communication examines national implementation of policies in the 
Justice, Freedom and Security fields. 

14.1  Fundamental rights 

14.1.1  Work in 2007 

In 2007 the Commission received a number of individual letters and parliamentary questions 
as  well  as  petitions  concerning  alleged  violations  of  fundamental  rights  by  Member  States: 
approximately 800 letters and more than 120 parliamentary questions and petitions. Most of 
the  individual  cases  do  not  involve  Community  law  and  fall  outside  the  powers  of  the 
Commission to control the application of Community law.  

317 
318 

http://ec.europa.eu/justice_home/doc_centre/intro/doc_intro_en.htm. 
Communication of 28 June 2006 from the Council to the Council and the European Parliament– Report 
on  the  implementation  of  the  Hague  programme  for  2006  –  COM(2007)  373  final.  Available  on  JLS 
EUROPA website. The next Scoreboard Plus is expected to be published by June 2008. 

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The  important  number  of  letters  received  by  the  Commission  reveals  a  strong  interest  and 
expectation from citizens on fundamental rights in Member States. It also reveals that more 
information  is  needed  to  explain  that  the  European  Commission  has  no  general  powers  to 
intervene in cases of violations of fundamental rights and that it can do so only if an issue of 
European Community law is involved. 

14.2  Citizenship 

14.2.1  Work in 2007 

As for the two Directives on the right of the Union citizens to vote and stand as a candidate in 
elections  to  the  European  Parliament  and  in  municipal  elections  (Directives  93/109319  and 
94/80320  respectively),  communication  of  national  transposition  measures  can  be  considered 
completed,  with  exception  of  Bulgaria  and  Romania.  All  Commission  reports  make  the 
general  point  that  on  the  whole  the  provisions  of  Part  Two  of  the  EC  Treaty  related  to  the 
rights of Union citizens are being applied correctly and without serious problems. 

14.2.2  Changes underway 

Volume of enquiries, complaints, infringements work and petitions, and prioritisation among 
them: 

In 2007 the Commission received 152 complaints relating to citizens' rights, such as the right 
to vote in the European Parliament and municipal elections. Concerning free movement and 
residence rights of citizens of the Union and their family members, more than 770 complaints 
were received by the Commission in 2007. In the fields of citizenship and free movement of 
persons, the combined number of European Parliament questions was of 45 and the number of 
petitions 12. 

The acquis in these fields is giving rise to a large volume of complaints from citizens, which 
is expected to continue increasing in the future. Priority has  been given in 2007 to cases of 
non  communication  of  Directives  93/109  and  94/80,  and  to  cases  under  Article  228  of  the 
Treaty establishing the European Community. 

14.2.3  Evaluation 

Priorities for 2007 

Current and future priorities, as so far defined, cover: 

319 

320 

Directive  93/109/EC  of  6 December  1993  laying  down  detailed  arrangements  for  the  exercise  of  the 
right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union 
residing in a Member State of which they are not nationals, OJ L 329, 30.12.1993, p. 34. 
Council  Directive  94/80 of  19 December  1994  laying  down detailed  arrangements  for  the  exercise  of 
the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a 
Member State of which they are not nationals, OJ L 368, 31.12.1994, p. 38. Directive as last amended 
by  Act  concerning  the  conditions  of  accession  of  the  Czech  Republic,  the  Republic  of  Estonia,  the 
Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the 
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the 
adjustments to the Treaties on which the European Union is founded, OJ L 236, 23.9.2003, p. 33. 

EN 

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•  Violations  of  the  principle  of  non-discrimination  enshrined  in  Article  12  EC  Treaty  are 

another source of complaints in this area. 

•  Infringements in the area of citizenship produce the most widespread impact.  

•  In  2007  DG  JLS  launched  a  study  on  the  compatibility  of  Member  States  transposition 
measures of the above instruments with Community law which will serve as basis for the 
Commission's action where necessary.  

14.3  Data Protection 

14.3.1  Work in 2007 

The  Commission  has  continued  the  structured  dialogue  with  Member  States  on  the 
implementation  of  the  data  protection  Directive.  Even  though  all  Member  States  have  now 
transposed the data protection Directive321, some of them have failed to incorporate a number 
of provisions of the Directive. In other cases, transposition or practice has not been conducted 
in line with the Directive or has fallen outside the margin of manoeuvre left to Member States. 
This has resulted in a number of infringement proceedings322.  

In 2007, 2 petitions, 35 complaints and 32 enquiries were received . 

14.3.2  Changes underway 

Volume of enquiries, complaints, infringements work and petitions, and prioritisation among 
them: 

A limited number of infringement cases were opened in 2007, based on complaints received. 
Due to a relatively small number, no prioritisation was applied to them. In 2007 the number of 
petitions was 2, the volume of complaints was 35, and the number of enquiries that were not 
considered as complaints was around 32. This volume is expected to remain stable. 

14.3.3  Evaluation 

Priorities for 2008 - 2009 

Directive  95/46/EC  on  data  protection  is  a  priority  legal  instrument.  The  types  of  resulting 
infringements are, for a slight majority, cases of incorrect application and, for the rest, of non-
conformity.  Some  infringements  tend  to  be  quite  political.  Due  to  a  small  number  of 
infringements in the field of data protection, no further prioritisation is applied to them. 

321 

322 

Council Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the 
protection of  individuals  with  regard  to  the  processing of  personal  data and on  the free  movement  of 
such data, OJ L 281, 23.11.1995, p. 31. 
In two cases concerning incorrect implementation and application of the Directive, Germany was sent a 
reasoned opinion on 29 June 2007 in one case and referred to the Court on 22 November 2007 (case 
C-518/07, still pending) in another case. 

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14.4  Asylum and immigration 

14.4.1  Work in 2007 

In 2007, the deadlines for transposition by the Member States have expired for three Council 
Directives: Directive 2005/85323, Directive 2005/71324 and Directive 2004/114325. Concerning 
all these Directives, a small number of Member States have initially failed to comply with the 
transposition deadline, resulting in infringement procedures opened against them. Regarding 
Directive  2004/114,  transposition  efforts  have  picked  up,  with  only  Greece  and  Luxemburg 
having  reached  the  stage  of  reasoned  opinion.  In  case  of  Directives  2005/85  and  2005/71, 
only a few Member States have transposed, or partially transposed these Directives. 

Concerning Directive 2004/83326, a number of Member States were sent reasoned opinions on 
29  June  2007  for  non-communication,  and  nine  Member  States327  still  fail  to  fulfil  their 
obligation.  

As  for  Directive  2004/81328,  majority  of  the  initially  failing  Member  States  have  since  then 
complied  with  their  obligation,  and  by  now  only  Spain  and  Luxemburg  have  infringement 
proceedings  open  against  them329.  Similarly,  only  Belgium  and  Spain330  are  still  failing  to 
communicate national measures transposing Directive 2003/110331.  

Considerable  efforts  have  been  made  in  transposing  Directive  2003/109332,  although  Spain 
and Luxemburg have still not fulfilled their obligation333. As regards the Directive 2003/86334, 
Luxemburg is the only Member State failing to comply335.  

323 

324 

325 

326 

327 
328 

329 
330 

331 

332 

333 

334 

335 

Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member 
States for granting and withdrawing refugee status, OJ L 326 of 13 December 2005, p. 13. 
Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country 
nationals for the purposes of scientific research, OJ L 289 of 3 November 2005, p. 15. 
Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country 
nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service, OJ L 
375, 23 December 2004 of p. 12). 
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status 
of  third  country  nationals  or  stateless  persons  as  refugees  or  as  persons  who  otherwise  need 
international protection and the content of the protection granted, OJ L 304, 30.9.2004, p. 12. 
Greece, Spain, Malta, Netherlands, Poland, Portugal, Finland, Sweden and UK. 
Council Directive 2004/81 of 29 April 2004 on the residence permit  issued to third-country nationals 
who are victims of trafficking in human beings or who have been the subject of an action to facilitate 
illegal immigration, who cooperate with the competent authorities, OJ L 261, 6.8.2004, p. 19. 
Reasoned opinions were sent to Spain and Luxemburg on 29 June 2007. 
Belgium  and  Spain  were  referred  to  Court  on  respectively  11  January  2007  and  12  February  2007 
(cases respectively C-2007/003 and C-2007/058). 
Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes 
of removal by air, OJ L 321, 6.12.2003, p. 26. 
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals 
who are long-term residents, OJ L 16, 23.1.2004, p. 44. 
Spain  was  ruled  against  by  the  Court  of  Justice  on  15  November  2007  and  Luxemburg  –  on  29 
November  2007  (cases  respectively  C-2007/059  and  C-2007/034)  for  failure  to  notify  measures 
transposing the Directive and neither still has complied.  
Council  Directive  2003/86  of  22  September  2003  on  the  right  to  family  reunification,  OJ  L  251, 
3.10.2003, p. 12. 
Luxemburg was ruled against by the Court on 6 December 2007 (Case C-2007/057) for failure to notify 
measures transposing the Directive and still has not complied. 

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In  2007  communication  of  national  transposition  measures  has  been  completed  for  the 
Directives 2003/9336, 2002/90337, 2001/55338, 2001/51339 and 2001/40340. 

On  substance,  a  legal  action  against  Greece  for  not  complying  with  Community  law  on 
asylum,  specifically  with  the  Regulation  establishing  the  criteria  and  mechanisms  for 
determining which Member State is responsible for examining an asylum application lodged 
in one of the Member States by a third-country national (Dublin II Regulation341) was taken in 
2007342. 

14.4.2  Changes underway 

Volume of enquiries, complaints, infringements work and petitions, and prioritisation among 
them: 

In the field of immigration and asylum, the volume of enquiries, complaints and petitions may 
increase as third-country nationals seek to assert their rights under in particular the long-term 
residents directive and family reunification directive. 

14.4.3  Evaluation 

Priorities for 2007 

•  Most  of  the  legal  instruments  in  this  field  are  relatively  recent.  As  a  consequence,  non-
communication cases and follow-up of some complaints has been the main priority, with 
no further prioritisation possible yet.  

•  At  the  end  of  2006  a  study  into  the  quality  of  transposition  of  the  10  immigration  and 
asylum  directives  then  in  force  was  commissioned.  The  resulting  report  of  the  study  is 
expected to be finalised by mid-2008. 

Priorities for 2008 - 2009 

•  DG  JLS  will  continue  to  deal  with  non-communication  cases  and  the  most  important 

suspected infringements disclosed by complaints.  

336 

337 

338 

339 

340 

341 

342 

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of 
asylum seekers, OJ L 31, 6.2.2003, p. 18. 
Council Directive 2002/90 of 28 November 2002 defining the facilitation of unauthorised entry, transit 
and residence, OJ L 328, 5.12.2002, p. 17. 
Council Directive 2001/55 of 20 July 2001 on minimum standards for giving temporary protection in 
the event of a mass influx of displaced persons and on measures promoting a balance of efforts between 
Member States in receiving such persons and bearing the consequences thereof, OJ L 212, 7.8.2001, p. 
12. 
Council  Directive  2001/51  of  28  June  2001  supplementing  the  provisions  of  Article  26  of  the 
Convention implementing the Schengen Agreement of 14 June 1985, OJ L 187, 10.7.2001, p. 45. 
Council Directive 2001/40 of 28 May 2001 on the mutual recognition of decisions on the expulsion of 
third country nationals, OJ L 149, 2.6.2001, p. 34. 
Council  Regulation  (EC)  No  343/2003 of 18 February  2003  establishing  the  criteria  and  mechanisms 
for determining the Member State responsible for examining an asylum application lodged in one of the 
Member States by a third-country national, OJ L 50 of 25 of February 2003, p.1. 
A reasoned opinion to that end was sent to Greece on 29 June 2007. 

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The reflection on which legal instruments will be focused on is on-going, depending on the 
results of the study, which is planned to be finalised by mid-2008. 

14.5  Borders and visas 

14.5.1  Work in 2007 

Few cases of incorrect application of instruments of Community legislation related to aspects 
of visa procedures and biometrics in passports have been detected, resulting in early stage of 
infringement  proceeding  in  2007.  As  concerns  Directive  2004/82/EC343,  all  Member  States 
have completed transposition, except Greece and Poland344. 

The  volume  of  enquiries  has  been  about  300  enquiries  per  domain,  whereas  a  number  of 
petitions is very low. 

14.5.2  Changes underway 

Recently adopted measures due to enter into force which may require additional work: 

The  Regulation  1931/2006  laying  down  rules  on  local  border  traffic345  provides  the  legal 
framework  within  which  Member  States  can  conclude  bilateral  agreements  on  local  border 
traffic  with  their  neighbours.  Several  Member  States  are  currently  negotiating  bilateral 
agreements with third countries. The analysis of the compatibility of such agreements might 
lead to additional infringement procedures. 

New measures due to be adopted which may require specific implementation / transposition 
work: 

It  is  expected  that  before  the  end  of  2008,  the  Council  and  the  Parliament  will  adopt  a 
Community code on visas recasting and further harmonising the provisions in the field of the 
issuance of visas to third country nationals. The entry into force is foreseen six months after 
adoption. 

Volume of enquiries, complaints, infringements work and petitions, and prioritisation among 
them: 

Priority will be given to complaints received by individuals in relation with checks carried out 
in internal border zones, to suspected infringements related to the issuance of visas as well as 
to security of travel documents. It is expected that the current volume  of enquiries of about 
300 enquiries per domain remains stable, whereas the previously very low number of petitions 
might increase, as the sensitivity of the border and visa acquis increases. 

343 

344 

345 

Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger 
data, OJ l 261, 6.8.2004, p. 24. 
Greece was sent a letter of formal notice on 27 November 2006 and Poland was sent a reasoned opinion 
on 28 March 2007. 
Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 
laying  down  rules  on  local  border  traffic  at  the  external  land  borders  of  the  Member  States  and 
amending the provisions of the Schengen Convention (OJ L 405 of 30 December 2006, p.1). 

EN 

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14.5.3  Evaluation 

Priorities for 2007 

In 2007, priorities concerned the follow up of complaints received by citizens in the field of 
visa  issuances  as  well  as  the  follow  up  of  infringements  related  to  the  security  of  travel 
documents. 

Priorities for 2008 - 2009 

•  The analysis of the transposition of Directive 2004/82 will be finalised. 

•  DG JLS will continue the deal with the suspected infringements disclosed by complaints. 

14.6  Judicial cooperation in civil matters 

14.6.1  Work in 2007 

By  the  end  of  2007,  all  Member  States  notified  their  national  legislation  implementing 
Directive 2003/8 on legal aid346, except Romania.  

Greece is the only Member State which has failed to transpose Directive 2004/80347.  

A  report  on  application  of  the  Regulation  1206/2001  on  taking  evidence  in  civil  or 
commercial  matters348  was  adopted  on  5  December  2007349.  The  report  concludes  that  the 
application  of  the  Regulation  has  generally  improved,  simplified  and  accelerated  the 
cooperation between the courts on the taking of evidence in civil or commercial matters. The 
Regulation has achieved its two main objectives, namely to simplify the cooperation between 
Member  States  and  to  accelerate  the  performance  of  the  taking  of  evidence,  to  a  relatively 
satisfactory extent. 

Around 12 petitions were received in this field in 2007. 

14.6.2  Changes underway 

Recently adopted measures due to enter into force which may require additional work: 

346 

347 

348 

349 

Council Directive 2003/8 of 27 January 2003 to improve access to justice in cross-border disputes by 
establishing minimum common rules relating to legal aid for such disputes, OJ L 26, 31.1.2003, p. 41. 
Council  Directive  2004/80  of  29  April  2004  relating  to  compensation  to  crime  victims,  OJ  L  261, 
6.8.2004, p. 15. 
Council  Regulation  (EC)  No  1206/2001  of  28  May  2001  on  cooperation  between  the  courts  of  the 
Member States in the taking of evidence in civil or commercial matters, OJ L 174, 27.6.2001, p. 1. 
Report from the Commission to the Council, the European Parliament and the European Economic and 
Social  Committee  on  the  application  of  the  Council  Regulation  (EC)  1206/2001  of  28  May  2001  on 
cooperation between the courts of the Member States in the taking of evidence in civil or commercial 
matters - COM(2007) 769 final. 

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The  correct  implementation  of  the  Regulation  2201/2003  (the  'Brussels  II  a  Regulation’) 
concerning jurisdiction and the recognition and the enforcement of judgements in matrimonial 
matters and the matters of parental responsibility will remain a priority. 

In  2008  –  2009  two  important  Regulations  will  enter  into  force:  Regulation  1896/2006 
establishing a European Payment Order Procedure350 and Regulation 861/2007 establishing a 
European  Small  Claims  Procedure351.  The  Commission  will  take  all  necessary  measures  to 
support the implementation of both Regulations, particularly by publishing the references of 
assisting authorities to be communicated by Member States. 

New measures due to be adopted which may require specific implementation / transposition 
work: 

A Directive of the European Parliament and the Council on certain aspects of mediation inn 
civil  and  commercial  matters  was  adopted  on  23  April  2008.  The  Directive  provides  in 
particular  that  Member  States  shall  notify  the  names  of  competent  authorities  for  the 
progressive implementation of the Directive on a three-year period. 

Volume of enquiries, complaints, infringements work and petitions, and prioritisation among 
them: 

Because of the limited number of formal complaints in civil justice that are received annually 
(less than 10), there is no need to set specific priorities. However, family law issues are very 
sensitive and they should be considered carefully. 

Around 12 petitions per year are received in this field. 

14.6.3  Evaluation 

Priorities for 2007 

•  In 2007 a special attention was paid to the correct application of the Regulation 2201/2003 
(the  'Brussels  II  a  Regulation’)  concerning  jurisdiction  and  the  recognition  and  the 
enforcement  of  judgements  in  matrimonial  matters  and  the  matters  of  parental 
responsibility.  Indeed,  the  prevention  of  parental  child  abduction  is  a  priority  for  further 
EU action and an important part of the overall Commission strategy to promote the rights 
of the child. 

•  Several  initiatives  were  taken  to  inform  and  train  judges,  lawyers,  notaries  and  central 
authorities on the application of the Brussels II a. A Practice Guide has been published in 
all Community languages. The Commission also funds training seminars on the application 
of the Regulation in several Member States under the Framework Programme for Judicial 
Cooperation  in  Civil  Matters  (2002  –  2006)  and  from  2007  to  2013  under  the  Specific 
Programme  ‘Civil  Justice’  as  part  of  the  General  Programme  ‘Fundamental  Rights  and 
Justice’. 

350 
351 

(OJ L 399 of 30 December 2006, p.1). 
(OJ L 199 of 31 July 2007, p. 1). 

EN 

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•  The  proper  application  of  existing  legislation  was  one  of  the  priorities  in  2007.  On  5 
December  2007,  the  Commission  adopted  its  report  on  the  application  of  the  Regulation 
1206/2001  on  cooperation  between  the  courts  of  the  Member  States  in  the  taking  of 
evidence  in  civil  or  commercial  matters.  The report  concludes  that  the  application  of  the 
Regulation has generally improved, simplified and accelerated the cooperation between the 
courts on the taking of evidence in civil or commercial matters.  

•  In  2007  a  preliminary  study  for  preparing  the  report  on  the  application  of  Regulation 
44/2001 (Brussels I) was started. The report will evaluate the application of Brussels I in 
order  to  highlight  problems  in  the  application  and  ways  in  which  the  operation  of  the 
Regulation may be improved. 

•  The  European  Judicial  Network  in  civil  and  commercial  matters  (EJN)  is  equally  an 
important tool in supporting the correct application of Community Law. Managing the EJN 
continued  in  2007,  including  information  and  communication  activities  foreseen,  despite 
the  late  adoption  of  the  Civil  Justice  financial  programme  and  the  consequent  lack  of 
financial  resources.  However,  the  Network  confirms  itself  as  a  useful  tool  to  strengthen 
judicial cooperation in civil matters as demonstrated by the number of hits on the website 
of the Network (on average 276.000 per month).  

•  As  for  infringement  cases,  their  limited  number  did  not  require  prioritization  of  their 
treatment. The most common are non-communication cases concerning Directive 2004/80 
relating to compensation to crime victims and Directive 2002/8 on legal aid in cross-border 
disputes. Other types of infringements concern incorrect application of the Regulations in 
the civil justice field.  

Besides  infringements  cases,  the  Commission  is  contributing  to  assessment  of  preliminary 
questions.  In  2007  the  Court  of  Justice  has  contributed  to  around  five  questions  on  civil 
judicial cooperation issues. 

Priorities for 2008 - 2009 

•  The  adoption  of  the  Report  on  the  application  of  Regulation  44/2001  on  jurisdiction, 
recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters  will  be  the 
priority in 2008. 

•  In  2008  the  Commission  will  also  adopt  a  Report  on  the  application  of  the  Directive 
2004/80/EC  relating  to  compensation  to  crime  victims.  The  report  will  assess  the 
application  of  the  Directive  and  evaluate  it  as  an  instrument  to  facilitate  the  access  to 
justice. 

•  As a third report, the application of the Legal Aid Directive will be examined in 2009. 

•  The correct implementation of the Regulation Brussels II a will remain a priority also in 

2008-2009. 

•  In  the  framework  of  the  activities  of  the  European  Judicial  Network  in  civil  and 
commercial  matters  the  second  meeting  of  the  Central  Authorities  designated  under  the 
Brussels II a Regulation will take place in Brussels on 19 June 2008. 

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•  The  update  of  the  'Practice  Guide  for  the  application  of  the  new  Brussels  II  Regulation' 
(target  audience:  specialists  (judges,  lawyers)  and  Central  Authorities)  and  also  the 
publication  of  a  'First-aid'  booklet  'The  international  family  in  crises'  (target  audience: 
citizens) has been planned. 

•  In  2008  the  development  of  Websites  of  the  European  Judicial  Network  in  civil  and 
commercial matter and of the Atlas will continue in order to ensure the continuity of our 
action and to comply with the new policy set in 2007: E-Justice. Taking into account the 
further results of the feasibility study on the electronic implementation of the Regulation 
on the European payment order procedure, it is likely to foresee in 2009 the establishment 
of the relevant system. 

•  In  2008-2009  two  important  Regulations  will  enter  into  force  –respectively  Regulation 
1896/2006  establishing  a  European  Payment  Order  Procedure  and  Regulation  861/2007 
establishing a European Small Claims Procedure. The Commission will take all necessary 
measures to support the implementation of both Regulations, particularly by publishing the 
references of assisting Authorities to be communicated by Member States. 

Because of the limited number of infringements cases in civil justice, there is no need to set 
specific priorities. However, in view of the forthcoming entry into force of the Lisbon Treaty 
in 2009, the preliminary questions will gain more importance in the civil justice area. 

14.7  Free movement of persons 

14.7.1  Work in 2007 

According  to  the  third  and  last  Commission's  report352,  the  application  of  the  Directives 
90/364353, 90/365354 and 93/96355 on the right of residence for students, economically inactive 
and retired Union citizens is basically satisfactory as the declining number of infringements 
shows.  Nevertheless,  there  are  still  individual  cases  of  non-compliance  or  incorrect 
application, some reaching an advanced stage in 2007356. 

Application of Directives 64/221357, 72/194358, 73/148359, 75/34360 and 75/35361 relating to the 
movement and residence of foreign nationals is also considered satisfactory, and the number 

352 

353 
354 
355 
356 

357 

358 

Third Commission report to the Council and Parliament on the application of Directives 93/96, 90/364, 
90/365  on  the  right  of  residence  for  students,  economically  inactive  and  retired  Union  citizens  – 
COM(2006) 156 final. 
OJ L 180, 13.7.1990, p. 26. 
OJ L 180, 13.7,1990, p. 28. 
OJ L 317, 18.12.1993, p. 59. 
On  17  October  2007  the  Commission  decided  to  refer  France  to  the  Court  for  non-compliance  with 
Directives  90/364,  90/365  and  93/96.  On  23  October  2007  the  Commission  sent  a  reasoned  opinion 
under Article 228 EC Treaty to Belgium for non-compliance with the judgement of the Court. 
Directive  64/221  of  25 February  1964  on  the  co-ordination  of  special  measures  concerning  the 
movement  and  residence  of  foreign  nationals  which  are  justified  on  grounds  of  public  policy,  public 
security or public health, OJ 56, 4.4.1964, p. 850, English special edition Series I Chapter 1963-1964, p. 
117. 
Directive 72/194 of 18 May 1972 extending to workers exercising the right to remain in the territory of 
a  Member  State  after  having  been  employed  in  that  State  the  scope  of  the  Directive  of  25  February 
1964, OJ L 121, 26.5.1972, p. 32, English special edition Series I Chapter 1972(II), p. 474. 

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of  complaints  received  by  the  Commission  is  declining.  Nevertheless,  there  were  still 
individual cases of non-compliance or incorrect application, some reaching an advanced stage 
in 2007362. 

As concerns the implementation of Directive 2004/38, which marks an important step forward 
in the rights of free movement of persons, a number of Member States still had not fulfilled 
their  transposition  and  communication  obligation  by  the  end  of  2007.  Belgium,  Czech 
Republic  and  United  Kingdom  have  only  partially  fulfilled  their  obligation363.  The 
Commission 
transposition  measures  communicated  by  Italy, 
Luxemburg and Malta364. 

is  examining  national 

More  than  770  complaints  were  received  in  this  field  by  the  Commission  in  2007.  The 
number  of  parliamentary  questions  amounted  to  45  and  the  number  of  petitions  –  to  12  in 
2007 in the areas of free movement of persons and citizenship combined. 

14.7.2  Changes underway 

Volume of enquiries, complaints, infringements work and petitions, and prioritisation among 
them: 

Concerning  free  movement  and  residence  rights  of  citizens  of  the  Union  and  their  family 
members, more than 770 complaints were received by the Commission in 2007. In the fields 
of citizenship and free movement of persons, the combined number of European Parliament 
questions was of 45 and the number of petitions 12. 

The acquis in these fields is giving rise to a large volume of complaints from citizens, which 
is expected to continue increasing in the future. Priority has been given in 2007 to cases of 
non  communication  of  Directive  2004/38  and  to  cases  under  Article  228  of  the  Treaty 
establishing the European Community. 

359 

360 

361 

362 

363 

364 

Directive 73/148 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, 
OJ L 172, 28.6.1973, p. 14. 
Directive 75/34 of 17 December 1974 concerning the right of nationals of a Member State to remain in 
the  territory  of  another  Member  State  after  having  pursued  therein  an  activity  in  a  self-employed 
capacity, OJ L 14, 20.1.1975, p. 10. 
Directive 75/35 of 17 December 1974 extending the scope of Directive 64/221 to include nationals of a 
Member  State  who  exercise  the  right  to remain  in the  territory  of  another  Member  State  after  having 
pursued therein an activity in a self-employed capacity, OJ L 14, 20,1,1975, p. 14. 
Netherlands was ruled against by the Court in two cases of incorrect application of Directive 64/221 in 
expulsion cases, on 7 June 2007 (joint cases C-2006/050). The Commission is examining the measures 
adopted by the Netherlands to comply with the judgement. Belgium was ruled against by the Court for 
non-compliance with Directive 64/221 and Directive 90/364 on 23 March 2006 (case C-2003/408). On 
23  October  2007  the  Commission  sent  a  reasoned  opinion  under  Article  228  EC  Treaty  for  non-
compliance  with  the  judgement  of  the  Court.  On  17  October  2007  the  Commission  decided  to  refer 
France to the Court for non-compliance with the Directive 73/148. 
The Commission decided to refer Belgium to the Court for non-communication on 17 October 2007 and 
United Kingdom – on 27 June 2007. 
National  transposition  measures  were  communicated  following  the  Commission's  decision  to  refer 
Malta  to  the  Court  for  non-communication  on  27  June  2007.  Similarly,  Luxemburg  communicated 
national  transposition  measures  after  it  was  ruled  against  by  the  Court  for  non-communication  on  13 
December 2007 (case C-2007/294). 

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14.7.3  Evaluation 

Priorities for 2007 

•  Article 228 cases and non-communication cases for Directive 2004/38 on the rights of free 
movement  of  the  Union's  citizens  and  their  family  members,  which  consolidates  and 
updates a number of legal instruments in the area of free movement of persons, is a priority 
legal instrument. 

Priorities for 2008 - 2009 

•  Non-communication concerning Directive 2004/38, Article 228 cases and non conformity 
Priority  will  also  be  given  to  cases  raising  issues  of  principle  or  having  particularly  far 
reaching negative impact for citizens. 

•  The  priorities  in  dealing  with  infringements  will  also  depend  on  the  results  of  the  study 
launched  in  in  December  2007  on  the  conformity  of  transposition  measures  of  Directive 
2004/38  which  are  expected  for  the  second  half  of  2008  and  on  the  report  on  the 
application of the Directive 2004/38 due in 2008.. 

14.8  Security 

14.8.1  Work  in 2007: 

In  2007,  the  deadline  for  transposition  by  the  Member  States  expired  for  the  Directive 
2006/24365. A disappointing number of twenty Member States have failed to comply with the 
transposition deadline, resulting in infringement procedures opened against them. 

14.8.2  Changes underway 

Recently adopted measures due to enter into force which may require additional work: 

On 25 March 2008 the Commission adopted a decision on the setting up of the formal data 
retention experts group. This group will bring together, inter alia, relevant experts from law 
enforcement  services,  the  electronic  communications  sector  and  the  data  protection 
community.  Its  focus  will  be  to  encourage  and  facilitate  a  common  orientation  on  the 
application  of  Directive  2006/24/EC.  Over  time  its  focus  is  likely  to  move  from  industry 
issues  to  law  enforcement  issue  and  address  questions  about  whether  the  Directive  is 
achieving its objectives, particularly in the light of developing technologies. 

New measures due to be adopted which may require specific implementation / transposition 
work: 

365 

Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention 
of  data  generated  or  processed  in  connection  with  the  provision  of  publicly  available  electronic 
communications services or of public communications networks and amending Directive 2002/58/EC, 
OJ L 105 of 13 April 2006, p. 54.  

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Two  proposals  for  two  Directives  of  the  European  Parliament  and  of  the  Council  are  being 
negotiated:  one  on  the  protection  of  the  environment  through  criminal  law  and  another  on 
pollution  ship-source  pollution.  None  of  the  two  are  likely  to  have  to  be  transposed  before 
2010. 

14.8.3  Evaluation 

Priorities for 2007 

As the deadline of transposition of the only Directive 2006/24 on data retention is relatively 
recent, the resulting non-communication cases have not been considered to be a priority 

15       TRADE 

Trade  policy  is  governed  by  Article  133  of  the  EC  Treaty.    There  is  limited 
Community  legislation  in  this  field  and  only  two  directives.    These  directives  are 
Council Directive 98/29/EC of 7 May 1998 on harmonisation of the main provisions 
concerning export credit insurance for transactions with medium and long-term cover 
and  Council  Directive  84/568/EEC  of  27  November  1984  concerning  the  reciprocal 
obligations  of  export  credit  insurance  organizations  of  the  Member  States  acting  on 
behalf of the State or with its support, or of public departments acting in place of such 
organizations,  in  the  case  of  joint  guarantees  for  a  contract  involving  one  or  more 
subcontracts  in  one  or  more  Member  States  of  the  European  Communities.    In  2007 
the  only  relevant  issue  was  the  transposition  of  these  directives  by  the  Bulgaria  and 
Romania.    The  transposition  measures  have  been  communicated  correctly  to  the 
Commission.  

It is not expected that there will be any significant work required on the transposition of these 
directives or other potential infringements in 2008/2009. 

16  

ENLARGEMENT 

16.1  

Current position 

16.1.1  Existing measures in force 

Enlargement  policy  is  based  on  Article  49  EU  Treaty.  EC  agreements  with  third  countries 
may contain certain provisions which are directly applicable under EU law. Violation of such 
provisions  by  one  or  more  Member  States  could  therefore  be  subject  to  infringement 
proceedings. 

This  is  in  particular  the  case  for  the  1963  EEC-Turkey  Association  Agreement,  its  1970 
Additional  Protocol  and  related  Association  Council  Decisions.  The  Stabilisation  and 
Association  Agreements  with  the  former  Yugoslav  Republic  of  Macedonia  (2004)  and  with 
Croatia (2005) fall also into the same category of EC law partly liable for trial in the European 

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Court  of  Justice  as  far  as  implementation  or  application  by  Member  States  is  concerned. 
Similar  agreements  with  the  potential  candidate  countries  Albania,  Montenegro,  Serbia  and 
Bosnia and Herzegovina have not yet entered into force. 

1.6.1.2 Report of work done in 2007 

The  Commission  receives  a  lot  of  correspondence  and  complaints  from  citizens  related  to 
legal  acts  and  agreements  in  the  field  of  enlargement,  including  financial  instruments. 
However, these cases concern mainly alleged violation of obligations by the third country or 
other matters not directly related to the application of EC law by Member States. Recourse to 
infringement proceedings is therefore very limited in the area of enlargement. 

The case concerning workers’ rights on access to the labour market of Member States under 
Decision 1/80 related to the EEC/Turkey Association Agreement, which was referred to the 
Court in 2006, is still pending. Several Member States intervened in 2007. The EEC/Turkey 
Association Agreement is also subject to a number of references for preliminary rulings, most 
of  them  still  pending  with  the  Court.  In  one  case  the  Court  confirmed  in  its  judgement  the 
application of the standstill clause to immigration requirements.  

The Commission received in 2007 two new complaints related to standstill clauses under the 
EEC/Turkey  Association  Agreement.  One  case  concerns  the  compatibility  of  mandatory 
integration exams for Turkish nationals working in a Member State. This case raises a number 
of complex legal questions requiring careful analysis. The other case is related to the fact that 
the minimum age of Turkish citizens for issuing residence permits has been increased by one 
Member State.      

1.6.1.3 Changes underway  

Volume of enquiries, complaints, infringements work and petitions, and prioritisation among 
them:  

The number of complaints which may lead to infringement cases is very limited and therefore 
does not require prioritisation among them. This situation is not likely to change in future. 

16.2  

Evaluation 

Since EU enlargement in 2004 and 2007 the few complaints received concern the application 
of the EEC/Turkey Association Agreement. Taking into account the references to preliminary 
rulings  pending  at  the  Court,  this  confirms  that  the  application  and  interpretation  of  this 
Association Agreement is still subject to a variety of legal arguments with regard to residence 
and work of Turkish citizens in Member States. 

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17  

EUROSTAT 

17.1  

Current position 

The  objective  of  having  statistics  of  quality  is  both  an  operational  and  a  legal  requirement 
insofar as Community statistics production must respect the principles set out in Article 285 
of the EC Treaty and in Regulation (EC) No 322/97366, and in the various sectoral legislative 
instruments.  

The  majority  of  the  basic  acts  governing  Community  statistics  are  regulations/decisions 
(approximately  280  among  basic  acts  and  implementing  measures)  there  being  only  8 
Directives367. In order to "test" the possible difficulties in the application, the preparation of 
any legislative proposal is always the result of close cooperation with the Member States.  

It  is  useful  to  stress  that  the  obligations  of  the  Member  States  in  the  field  of  Community 
statistics  are  recurring  and  therefore  need  constant  follow-up.  Thanks  to  continuous 
collaboration  with  the  Member  States,  Eurostat  is  in  a  position  to  know  beforehand  the 
possible difficulties that a Member State could encounter and able to address them.  

17.1.1  Report of work done in 2007 

The infringement procedure initiated in 2004 against Greece for failure to submit statistics on 
excessive deficits, in accordance with Regulations (EC) No 3605/93368 and 2223/96369 and for 
infringement  of  Article  10  of  the  EC  Treaty  and  Article  3  of  the  Protocol  on  the  excessive 
deficit  procedure  to  the  Commission,  has  been  finally  closed.  The  Greek  authorities  have 
taken the necessary measures to fully comply with this legislation. 

In  the  area  of  agricultural  and  tourism  statistics,  four  formal  letters  of  notice  were  sent  to 
Finland,  Sweden,  Slovak  Republic  and  Portugal  concerning  failure  to  notify  national 
measures transposing Directive 2006/110/EC370. 

All  Member  States  concerned  replied  to  the  letter  of  formal  notice  and  communicated  their 
national measures and, therefore, the Commission closed the cases. 

In the statistics area, in 2007, Eurostat continued the implementation of the principles of the 
Commission  Communication  on  better  monitoring  of  the  application  of  Community  law371, 
and promoted dialogue and cooperation with the Member States in order to ensure the respect 
of the statistical legislation. 

366 

367 
368 

369 

370 
371 

Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics (OJ L 52, 22.2.1997, 
p.1).  
COM (2007) 129 will replace 3 directives in the statistics area. 
Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the 
excessive deficit procedure annexed to the Treaty establishing the European Community 
Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional 
accounts in the Community. 
JO L 363, 20.12.2006, p. 418. 
COM(2002)725 

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Since 2005, a consistent and systematic strategy for monitoring compliance with the statistical 
"acquis communautaire" has been implemented by Eurostat. An internal procedure has been 
set-up to monitor conformity of the application of the entire body of Statistical legislation and 
policy  measures have  been put in place to ensure internal co-ordination. Monitoring reports 
are presented twice per year and discussed at Senior Management level. The follow-up of the 
cases  is  assured  according  to  standard  Commission  procedures  (e.g.  pre-  and  infringement 
procedure). 

18  

PERSONNEL AND ADMINISTRATION 

18.1  

Current position 

18.1.1  Existing measures in force 

In the Personnel and Administration matters, the Commission must guarantee that Community 
law  is  correctly  applied  to  the  staff  of  the  Communities.  To  this  end  it  must  ensure  that 
legislation and implementing provisions are adopted by Member States in compliance with the 
Protocol on Privileges and Immunities of the European Communities and the Regulations and 
Rules applicable to officials and other servants of the European Communities. 

In particular, the following legal texts are applicable: 

Council  Regulation  (EEC,  Euratom,  ECSC)  No  259/68  of  29  February  1968  and  further 
modifications, 

The Protocol on the Privileges and Immunities of EC (PPI), annexed to the Merger Treaty of 
1965. 

Other  agreements  between  the  European  Commission  and  Member  States  regarding  the 
functioning of the Institutions' Services. 

18.1.2  Report of work done in 2007 

In 2007, only one infringement proceeding was launched against a Member State. It concerns 
the  application  of  the  Headquarters  Agreement  between  the  Commission  and  Belgium 
regarding European Schools in Belgium and their operation. 

18.2  

Changes underway 

Recent changes in the staff policy which may require additional implementation/transposition 
work  

The  adhesion  of  new  Member  States  will  require  new  agreements  for  the  transfer  of  pension 
rights  of  staff  who  had  originally  worked  in  those  countries.  The  particularity  of  Admin's 
activity  in  relation  to  possible  infringement  proceedings  is  that  there  are  constant  contacts 
between  the  institution's  administration  and  the  competent  authorities  in  Belgium  and 

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Luxembourg  which  serve  to  anticipate  and  alleviate  questions  which  could  otherwise  lead  to 
such proceedings  

19  

BUDGET 

19.1 Current position 

19.1.1  Existing measures in force 

The existing legal measures in the budgetary area relate to the procedure for the financing of 
the EU budget through three main own resources: traditional own resources, the VAT-based 
own  resource  and  the  complementary  resource  based  on  Member  States'  GNI.  In  particular, 
the following legal texts are applicable: 

–  Article 269 EC, 

–  Council Decision 2000/597/EC, Euratom on the system of the Communities' own 

resources, 

–  Council  Regulation  (EC,  Euratom)  No  1150/2000  implementing  the  above 

decision, 

–  Council  Regulation  (EEC,  Euratom)  No  1553/89  on  the  definitive  uniform 
arrangements for the collection of own resources accruing from value added tax. 

Additionally,  budgetary  receipts  are  obtained  under  Articles  3  and  4  of  the  Protocol  on  the 
Privileges and Immunities of EC (PPI), annexed to the Merger Treaty of 1965. 

19.1.2  Report of work done in 2007 

Main 2007 activities 

DG  BUDG  does  not  manage  a  particular  Community  policy.  Its  role  in  the  control  of  the 
application of the Community law is to ensure the correct functioning of the Community own 
resources  system  and  the  PPI.  Related  actions  consist  in  control  activities  made  by  the 
Commission inspectors and their legal and accounting follow-up. 

In 2007, DG BUDG detected 114 anomalies in the area of traditional own resources and set 
53  reservations  in  the  area  of  VAT/GNI.  Correspondingly,  272  and  respectively  85 
accounting  documents  were  generated  for  potential  corrective  payments  (principal  amounts 
and belated interest) by Member States. As in previous years, only a very limited number of 
detected  anomalies  had  to  be  treated  as  infringements,  as  they  are  regularly  discussed 
bilaterally with Member States and presented to the Advisory Committee on Own Resources. 
Therefore, such anomalies could be usually solved at these initial stages. As far as the PPI is 
concerned,  its  application  was  closely  monitored  and  all  issues  could  be  solved  bilaterally 
without starting infringement proceedings. 

Assistance was given to new EU-2 Member States in a view of a smooth implementation of 
the PPI provisions to their national legislative environment. 

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In 2007, DG BUDG managed rather a limited number of infringement files, all of them in the 
area  of  traditional  own  resources:  31  active  files  were  open  on  1  January  2007.  During  the 
year 2007 DG BUDG proposed and obtained 13 decisions of the Commission consisting of 5 
letters of formal notice (including one 228), 3 reasoned opinions, 2 referrals to the ECJ and 
closure  of  3  files.  Two  of  the  new  pre-litigation  procedures  concerned  an  erroneous 
application of customs rules to the importation of bananas resulting in an important impact on 
the Communities' own resources. One case concerned Portugal's refusal to make available an 
amount  of  own  resources  relating  to  unexported  sugar  stocks  dating  back  before  Portugal's 
membership in the EC and, finally, one new case was started against Germany following its 
erroneous  interpretation  of  the  own  resources  legislation  in  relation  to  the  customs  optional 
guarantee  instrument.  The  Commission  also  decided  to  refer  jointly  to  the  ECJ  two  cases 
relating to the interpretation of the belated interest mechanism applicable to the Communities' 
own resources (C-275/07 against Italy). Among three closed files, in one case (A2005/2314) 
the Netherlands managed to prove the lack of infringement to the EC law and for another two 
cases (A2005/2350 and A2006/2036), Germany decided to accept the Commission's claims. 

Beside  the  above  actions,  DG  BUDG  focused  on  securing  the  follow-up  and  appropriate 
assistance to the Legal Service on a group of 9 infringement procedures lodged to ECJ (duty-
free  military  importations  cases).  Other  activities  concerned  the  follow-up  of  cases  already 
decided by the Court (C-546/03, C-377/03, C-378/03, C-105/02). In respect of the latter cases 
DG  BUDG  opened  only  one  228  infringement  file  (C-546/03)  since  the  execution  of  ECJ 
decisions  in  the  budgetary  area  involve  important  data  research  work  to  be  executed  by 
Member  States  so  as  to  identify  the  exact  principal  amounts  of  own  resources  at  stake  and, 
finally, the amounts of belated interest related thereto. 

In 2007 the ECJ took one substantial decision concerning DG BUDG's competence (case C-
19/05  against  Denmark)  in  which  it  shared  the  Commission's  standpoint.  Moreover,  in  two 
other cases (T-177/05 and T-350/05), the ECJ rejected Finland's appeals against TFI decisions 
where  the  Member  State  aimed  at  obliging  the  Commission  to  negotiate  an  agreement  on 
special conditions under which Finland would make a conditional payment of the amounts at 
stake  and  the  Commission  would  be  obliged  to  refer  its  military  importation  case  against 
Finland to the Court. 

Taking into account the 2002 Communication on improving the control of Community law 

The  principle  of  sound  financial  management  is  applied  (as  expressed  in  article  73  of  the 
Financial  Regulation).  This  means  in  practice  that  infringements  are  evaluated  under  the 
aspects  of  their  gravity  and  their  impact  on  the  budget  and  treated  correspondingly.  Legal 
actions were only taken if preliminary correspondence and/or discussions with Member States 
in the Advisory Committee for Own Resources did not solve the controversy. 

Petitions of EP in relation to budget infringements 

No petitions received 

19.2  

Changes underway 

Recently adopted measures due to enter into force which may require additional work 

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In 2007 there was one new legal act related to the own resources area: The Council Decision 
2007/436/CE,  Euratom  of  7.06.2007,  which  is  still  under  ratification  in  Member  States.  In 
order  to  assure  immediate  application  of  that  decision  DG  BUDG  has  already  started 
preparing a proposal for a Council Regulation that will align current Regulation 1150/2000 to 
the new rules once they enter into force. 

New  measures  due  to  be  adopted  which  may  require  specific  implementation  / 

transposition work 

The  area  of  own  resources  and  PPI  consists  of  the  measures  that  are  directly  applicable 
(Regulations,  Council  Decision).  Therefore  no  implementation  and  transposition  work  is 
necessary. 

Volume of enquiries, complaints, infringements work and petitions, and prioritization 

among them 

The relatively small number of infringement files in the budgetary area in general relate to the 
relations  between  the  Member  States  and  the  Community  in  the  context  of  financing  of  the 
EU budget. So far, DG BUDG has been dealing with only one complaint file, transferred from 
another  DG.  All  other  cases  had  been  detected  by  the  Commission  inspectors  or 
communicated by other DGs. 

All  BUDG  files  relate  to  recovery  of  established  amounts  receivable  on  the  base  of  the 
Financial Regulation provisions and its implementing rules. Owing to the principle of budget 
equilibrium, the budgetary infringement files have to be treated in a particular manner due to 
their specific nature – any infringement to financing rules by one Member State results in a 
proportional increase of own resources to be made available by the other Member States. Due 
to this mechanism, the Commission has almost no discretion either in starting, or in closing 
infringement proceedings. So far, the Commission has never decided on waiving recovery of 
debts  attributed  to  Member  States,  and  such  situations  seem  unlikely  in  the  context  of  the 
equal treatment of Member States and the principle of sound financial management. 

DG BUDG has very limited discretion in the treatment of budgetary infringement cases, what 
leaves little room for prioritization between the files. Though, more attention is made to files 
where large amounts of own resources are at stake and/or where the infringements relate to 
systemic irregularities.  

19.3  

Evaluation 

All in all, Member States respect the legislation concerning the Communities' own resources 
and  PPI.  Few  particular  infringement  cases  detected  by  the  Commission  controllers  do  not 
change  the  general  picture  of  timely  and  prompt  financing  of  the  EU  budget  by  Member 
States. The current infringement outlook in the sector is stable and reflects the solidity of the 
legislative  framework.  For  the  area  of  traditional  own  resources,  beside  two  groups  of 
infringement  cases  (9  military  cases,  6  post-clearance  recovery  cases),  detected  anomalies 
refer  to  particular  customs  operations  in  the  past  and  principally  do  not  reflect  current 
systemic problems in application of the EU law. 

DG BUDG will continue the recovery of amounts due by Member States, in accordance with 
the principle of sound financial management.

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ANNEX I  

 LIST OF MEASURES IN FORCE AND OTHER RELEVANT INSTRUMENTS REFERRED 

TO IN THE TEXT OF THE DOCUMENT 

1. 

EMPLOYMENT, SOCIAL AFFAIRS AND EQUAL OPPORTUNITIES 

List of measures in force 

1.1 

Free movement of workers and coordination of social security schemes 

–  Regulation  (EEC)  No  1612/68372  on  freedom  of  movement  for  workers  within  the 

Community 

–  Regulation (EEC) No 1408/71373 on the coordination of social security schemes 

–  Directive  2004/38/EC374  in  relation  to  the  monitoring  of  its  application  to  the  residence 

rights of workers and their family members 

–  Directive 98/49/EC375 in relation to the monitoring of its application on safeguarding  the 
supplementary pension  rights  of  employed and self-employed persons moving within the 
Community 

1.2 

Labour Law 

1.2.1  Working conditions 

–  Directive  96/71/EC376  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 

–  Council  Directive  97/81/EC377  of  15  December  1997  concerning  the  Framework 
Agreement  on  part-time  work  concluded  by  UNICE,  CEEP  and  the  ETUC  -  Annex  : 
Framework agreement on part-time work; 

372 

373 

374 

375 

376 
377 

Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers 
within the Community, OJ L 257, 19.10.1968 
Regulation  (EEC)  No  1408/71  of  the  Council  of  14  June  1971  on  the  application  of  social  security 
schemes to employed persons and their families moving within the Community, OJ L 148, 5.6.1974 
JLS is in charge of the control of transposition; EMPL is associated to that work in relation to workers 
and their family members.  
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 
OJ L 18, 21.1.1997, p. 1–6 
OJ L 14, 20.1.1998, p. 9–14 

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–  Council Directive 98/23/EC378 of 7 April 1998 on the extension of Directive 97/81/EC on 
the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC 
to the United Kingdom of Great Britain and Northern Ireland; 

–  Council Directive 1999/70/EC379 of 28 June 1999 concerning the framework agreement on 

fixed-term work concluded by ETUC, UNICE and CEEP; 

–  Council  Directive  1999/63/EC380  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); 

–  Council  Directive  2000/79/EC381  of  27  November  2000  concerning  the  European 
Agreement  on  the  Organisation  of  Working  Time  of  Mobile  Workers  in  Civil  Aviation 
concluded  by  the  Association  of  European  Airlines  (AEA),  the  European  Transport 
Workers'  Federation  (ETF),  the  European  Cockpit  Association  (ECA),  the  European 
Regions Airline Association (ERA) and the International Air Carrier Association (IACA); 

–  Directive  2003/88/EC382  of  the  European  Parliament  and  of  the  Council  of  4  November 

2003 concerning certain aspects of the organisation of working time; 

–  Council  Directive  2005/47/EC383  of  18  July  2005  on  the  Agreement  between  the 
Community  of  European  Railways  (CER)  and  the  European  Transport  Workers’ 
Federation (ETF) on certain aspects of the working conditions of mobile workers engaged 
in interoperable cross-border services in the railway sector; 

1.2.2 

Information and consultation of workers 

–  Council Directive 94/45/EC384 of 22 September 1994 on the establishment of a European 
Works  Council  or  a  procedure  in  Community-scale  undertakings  and  Community-scale 
groups of undertakings for the purposes of informing and consulting employees; 

–  Council Directive 97/74/EC385 of 15 December 1997 extending, to the United Kingdom of 
Great Britain and Northern Ireland, Directive 94/45/EC on the establishment of a European 
Works  Council  or  a  procedure  in  Community-scale  undertakings  and  Community-scale 
groups of undertakings for the purposes of informing and consulting employees 

–  Council Directive 2006/109/EC386 of 20 November 2006 adapting Directive 94/45/EC on 
the  establishment  of  a  European  Works  Council  or  a  procedure  in  Community-scale 
undertakings and Community-scale groups of undertakings for the purposes of informing 
and consulting employees, by reason of the accession of Bulgaria and Romania; 

378 
379 
380 
381 
382 
383 
384 
385 
386 

OJ L 131, 5.5.1998, p. 10–10 
OJ L 244, 16.9.1999, p. 64–64 
OJ L 167, 2.7.1999, p. 33–37 
OJ L 302, 1.12.2000, p. 57–60 
OJ L 299, 18.11.2003, p. 9–19 
OJ L 195, 27.7.2005, p. 15–17 
OJ L 254, 30.9.1994, p. 64–72 
OJ L 365, 31.12.1994, p. 46–51 
OJ L 363, 20.12.2006, p. 416–417 

EN 

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–  Council  Directive  2001/86/EC387  of  8  October  2001  supplementing  the  Statute  for  a 

European company with regard to the involvement of employees; 

–  Council Directive 2003/72/EC388 of 22 July 2003 supplementing the Statute for a European 

Cooperative Society with regard to the involvement of employees; 

–  Directive 2002/14/EC389 of the European Parliament and of the Council of 11 March 2002 
establishing a general framework for informing and consulting employees in the European 
Community  -  Joint  declaration  of  the  European  Parliament,  the  Council  and  the 
Commission on employee representation; 

1.2.3 

Protection of workers 

–  Council  Directive  91/383/EEC390  of  25  June  1991  supplementing  the  measures  to 
encourage improvements in the safety and health at work of workers with a fixed- duration 
employment relationship or a temporary employment relationship; 

–  Council  Directive  91/533/EEC391  of  14  October  1991  on  an  employer's  obligation  to 
inform employees of the conditions applicable to the contract or employment relationship; 

–  Council Directive 94/33/EC392 of 22 June 1994 on the protection of young people at work; 

–  Council  Directive  98/59/EC393  of  20  July  1998  on  the  approximation  of  the  laws  of  the 

Member States relating to collective redundancies; 

–  Council Directive 80/987/EEC394 of 20 October 1980 on the approximation of the laws of 
the Member States relating to the protection of employees in the event of the insolvency of 
their employer; 

–  Directive 2002/74/EC395 of the European Parliament and of the Council of 23 September 
2002  amending  Council  Directive  80/987/EEC  on  the  approximation  of  the  laws  of  the 
Member  States  relating  to  the  protection  of  employees  in  the  event  of  the  insolvency  of 
their employer; 

–  Council  Directive  2001/23/EC396  of  12  March  2001  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 undertakings or businesses; 

387 
388 
389 
390 
391 
392 
393 
394 
395 
396 

OJ L 294, 10.11.2001, p. 22–32 
OJ L 207, 18.8.2003, p. 25–36 
OJ L 80, 23.3.2002, p. 29–34 
OJ L 206, 29.7.1991, p. 19–21 
OJ L 288, 18.10.1991, p. 32–35 
OJ L 216, 20.8.1994, p. 12–20 
OJ L 225, 12.8.1998, p. 16–21 
OJ L 283, 28.10.1980, p. 23–27 
OJ L 270, 8.10.2002, p. 10–13 
OJ L 82, 22.3.2001, p. 16–20 

EN 

243 

   EN 

 
                                                 
1.2.4 

 Implementation and application reports  

–  Implementation reports concerning the transposition of Directives 91/383/EEC, 97/81/EC, 

1999/70/EC, 96/71/EC in the 10 new Member States 

–  Implementation  reports  concerning  the  transposition  of  Directives  2001/23/EC  and 

80/987/EC (as amended by 2002/74/EC) in all 25 Member States 

–  Implementation  reports  concerning  Directives  91/533/EEC,  94/45/EC  (extended  by 

97/74/EC) and 98/59/EC in the 10 new Member States 

–  Implementation  reports  concerning  Directives  2001/86/EC,  2002/14/EC  and  2003/72/EC 

in all 25 Member States 

–  Implementation  reports  concerning  Directives  94/33/EC  and  2003/88/EC  in  the  10  new 

Member States 

–  Implementation report concerning Directive 2000/34/EC in the EU-15 Member States 

–  Implementation reports concerning Directives 1999/63/EC, 2000/79/EC in all 25 Member 

States 

1.3 

Health and safety at work 

At  present,  the  following  health  and  safety  at  work  directives  are  in  force,  adopted  under 
Article 137 EC: 

Council  Directive  89/391/EEC397  of  12  June  1989  on  the  introduction  of  measures  to 

encourage improvements in the safety and health of workers at work; 

Council Directive 89/654/EEC398 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); 

Council Directive 89/655/EEC399 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), as amended by :  

•  Council  Directive  95/63/EC400  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; 

•  Directive 2001/45/EC401 of the European Parliament and of the Council of 27 
June 2001 amending Council Directive 89/655/EEC concerning the minimum 

397 OJ L 183, 29.6.1989, p.1. 
398 OJ L 393, 30.12.1989, p.1. 
399 OJ L 393, 30.12.1989, p.13. 
400 OJ L 335, 30.12.1995, p.28. 

EN 

244 

   EN 

 
 
                                                 
safety  and  health  requirements  for  the  use  of  work  equipment  by  workers  at 
work; 

Council Directive 89/656/EEC402 of 30 November 1989 on the minimum health and safety 
requirements for the use by workers of personal protective equipment at the workplace 
(third   individual directive within the meaning of Article 16(1) of Directive 89/391/EEC);  

Council  Directive  90/269/EEC403  of  29  May  1990  on  the  minimum  health  and  safety 
requirements  for  the  manual  handling  of  loads  where  there  is  a  risk  particularly  of  back 
injury  to  workers  (fourth  individual  directive  within  the  meaning  of  Article  16(1)  of 
Directive 89/391/EEC); 

Council  Directive  90/270/EEC404  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 89/391/EEC);  

Directive 2004/37/EC405  of the European Parliament and of the Council of 29 April 2004 on 
the protection of workers from the risks related to exposure to carcinogens or mutagens at 
work  (sixth  individual  directive  within  the  meaning  of  Article  16(1)  of  Directive 
89/391/EEC - Codification of Directive 90/394/EEC); 

Directive  2000/54/EC406  of  the  European  Parliament  and  of  the  Council  of  18  September 
2000  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) -  Codification of Directive 90/679/EEC; 

Council Directive 92/57/EEC407 of 24 June 1992 on the implementation of minimum safety 
and  health  requirements  at  temporary  or  mobile  construction  sites  (eight  individual 
directive within the meaning of Article 16(1) of Directive 89/391/EEC); 

Council  Directive  92/58/EEC408  of  24  June  1992  on  the  minimum  requirements  for  the 
provision  of  safety  and/or  health  signs  at  work  (ninth  individual  Directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC);  

Council Directive 92/91/EEC409 of 3 November 1992 concerning the minimum requirements 
for  improving  the  safety  and  health  protection  of  workers  in  the  mineral-extracting 
industries  through  drilling  (eleventh  individual  directive  within  the  meaning  of  Article 
16(1) of Directive 89/391/EEC );  

401 OJ L 195, 19.7.2001, p.46. 

402 OJ L 393, 30.12.1989, p.18. 
403 OJ L 156, 21.6.1990, p.9. 
404 OJ L 156,21.6.1990, p.14. 

405 OJ L 229, 29.6.2004, p.23. 

406 OJ L 262, 17.10.2000, p.21. 

407 OJ L 245, 26.8.1992, p.6. 
408 OJ L 245, 26.8.1992, p.23. 
409 OJ L 348, 28.11.1992, p.9. 

EN 

245 

   EN 

 
                                                                                                                                                         
Council  Directive  92/104/EEC410  of  3  December  1992  on  the  minimum  requirements  for 
improving  the  safety  and  health  protection  of  workers  in  surface  and  underground 
mineral-extracting industries (twelfth individual directive within the meaning of Article 
16(1) of Directive 89/391/EEC);  

Council Directive 93/103/EC411 of 23 November 1993 concerning the minimum safety and 
health  requirements  for  work  on  board  fishing  vessels  (thirteenth  individual  directive 
within the meaning of Article 16(1) of Directive 89/391/EEC); 

Council Directive 98/24/EC412 of 7 April 1998 on the protection of the health and safety of 
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); 

Commission Directives establishing indicative exposure limit values: 

•  Commission  Directive  91/322/EEC413    of  29  May  1991  on  establishing  indicative 
limit  values  by      implementing  Council  Directive  80/1107/EEC  on  the  protection  of 
workers from the risks related to exposure to chemical, physical and biological agents 
at work, 

•  Commission  Directive  2000/39/EC414  of  8  June  2000  establishing  a  first  list  of 
indicative occupational exposure limit values in implementation of Council Directive 
98/24/E on the protection of the health and safety of workers from the risks related to 
chemical agents at work, 

•   Commission Directive 2006/15/EC415 of 7 February 2006 establishing  a second list of 
indicative occupational exposure limit values in implementation of Council Directive 
98/24/EC and amending Directives 91/322/EEC and 2000/39/EC; 

Directive  1999/92/EC416  of  the  European  Parliament  and  of  the  Council  of  16  December 
1999 on minimum requirements for improving the safety and health protection of workers 
potentially  at  risk  from  explosive  atmospheres  (fifteenth  individual  directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC); 

Directive 2002/44/EC417 of the European Parliament and of the Council of 25 June 2002 on 
the minimum health and safety requirements regarding the exposure of workers to the risk 
arising  from  physical  agents  (vibration)  (sixteenth  individual  directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC); 

410 OJ L 404, 31.12.1992, p.10. 
411 OJ L 307, 13.12.1993, p.1. 

412 OJ L131, 5.5. 1998, p.11. 

413 OJ L177, 5.7. 1991, p.22. 

414 OJ L 142, 16.6.2000, p.47. 

415 OJ L 38, 9.2.2006, p.36. 
416 OJ L 23, 28.1.2000, p.57. 
417 OJ L 177, 6.7.2002, p.13. 

EN 

246 

   EN 

 
                                                 
Directive 2003/10/EC418 of the European Parliament and of the Council of 6 February 2003 
on the minimum health and safety requirements  regarding the exposure  of workers to the 
risk  arising  from  physical  agents  (noise)  (seventeenth  individual  directive  within  the 
meaning of Article 16(1) of Directive 89/391/EEC); 

Directive 2004/40/EC419 of the European Parliament and of the Council of 29 April 2004 on 
the minimum health and safety requirements regarding the exposure of workers to the risks 
arising  from  physical  agents  (electromagnetic  fields)  (18th  individual  Directive  within 
the  meaning  of  Article  16(1)  of  Directive  89/391/EEC);  as  amended  by  Directive 
2008/46/EC420 

Directive 2006/25/EC421 of the European Parliament and of the Council of 5 April 2006 on 
the  minimum  health  and  safety  requirements  regarding  the  exposure  of  workers  to  risks 
arising  from  physical  agents  (artificial  optical  radiation)  (19th  individual  Directive 
within the meaning of Article 16(1) of Directive 89/391/EEC); 

Council  Directive  92/29/EEC422  of  31  March  1992  on  the  minimum  safety  and  health 

requirements for improved medical treatment on board vessels; 

Council Directive 83/477/EEC423 of 19 September 1983 on the protection of workers from 

the risks related to exposure to asbestos at work, as amended by: 
•  Council  Directive  91/382/EEC424  of  25  June  1991  amending  directive  83/477/EEC 
on the protection of workers from the risks related to exposure to asbestos at work, 

•  Directive 2003/18/EC425, of the European Parliament and of the Council of 27 March 
2003 amending Council directive 83/477/EEC on the protection of workers from the 
risks related to exposure to asbestos at work; 

Directive 2007/30/EC426 of the European Parliament and of the Council of 20 June 2007 
amending Council Directive 89/391/EEC, its individual Directives and Council Directives 
83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and 
rationalising the reports on practical implementation. 

418 OJ L 42, 15.2.2003, p.38. 
419 OJ L 184, 24.5.2004, p.1. 
420 OJ L 114, 26.4.2008, p. 88 
421 OJ L 114, 27.4.2006, p.38. 
422 OJ L 113, 30.4.1992, p.19. 
423 OJ L 263, 24.9.1983, p.25. 
424 OJ L 206, 29.7.1991, p.16. 
425 OJ L 97, 15.4.2003, p.48. 
426 OJ L 165, 27.6.2007, p.21. 

EN 

247 

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1.4 

Anti-discrimination and gender equality 

1.4.1  Gender equality 

–  Directive 2006/54/EC427 of the European Parliament and of the Council of 5 July 2006 on 
the implementation of the principle of equal opportunities and equal treatment of men and 
women in matters of employment and occupation (recast) 

–  Council  Directive  2004/113/EC428  of  13  December  2004  implementing  the  principle  of 
equal treatment between men and women in the access to and supply of goods and services 

–  Directive 2002/73/EC429 of the European Parliament and of the Council of 23 September 
2002  amending  Council  Directive  76/207/EEC  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 

–  Council  Directive  97/80/EC430  of  15  December  1997  on  the  burden  of  proof  in  cases  of 

discrimination based on sex 

–  Council Directive 96/97/EC431 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 

–  Council  Directive  96/34/EC432  of  3  June  1996  on  the  framework  agreement  on  parental 

leave concluded by UNICE, CEEP and the ETUC 

–  Council  Directive  92/85/EEC433  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) 

–  Council Directive 86/613/EEC434 of 11 December 1986 on the application of the principle 
of equal treatment between men and women engaged in an activity, including agriculture, 
in  a  self-employed  capacity,  and  on  the  protection  of  self-employed  women  during 
pregnancy and motherhood 

–  Council Directive 86/378/EEC435 of 24 July 1986 on the implementation of the principle of 

equal treatment for men and women in occupational social security schemes 

–  Council Directive 79/7/EEC436 of 19 December 1978 on the progressive implementation of 

the principle of equal treatment for men and women in matters of social security 

427 
428 
429 
430 
431 
432 
433 
434 
435 

OJ L 204, 26.7.2006 
OJ L 373, 21.12.2004 
OJ L 269, 5.10.2002 
OJ L 14, 20.1.1998 
OJ L 151, 18.6.1999 
OJ L 145, 19.6.1996 
OJ L 348, 28.11.1992 
OJ L 359, 19.12.1986 
OJ L 241, 3.9.1997 

EN 

248 

   EN 

 
                                                 
–  Council  Directive  76/207/EEC437  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 

–  Council Directive 75/117/EEC438 of 10 February 1975 on the approximation of the laws of 
the  Member  States  relating  to  the  application  of  the  principle  of  equal  pay  for  men  and 
women. 

1.4.2 

Anti-discrimination 

–  Council Directive 2000/78/EC439 of 27 November 2000 establishing a general framework 

for equal treatment in employment and occupation 

–  Council  Directive  2000/43/EC440  of  29  June  2000  implementing  the  principle  of  equal 

treatment between persons irrespective of racial or ethnic origin. 

2 

ENERGY AND TRANSPORT 

2.1 

List of measures in force  

EC Treaty, Part Three 

–  Title III – Free movement of persons, services and capitals (in connection with energy and 

transport) 

–  Title V – Transport 

–  Title VI – Common rules on competition, taxation and approximation of laws 

–  Title XV – Transeuropean networks 

–  Title XIX – Environment (in connection with energy and transport) 

Euratom Treaty, Title II  

–  Chapter 3 – Health and Safety 

–  Chapter 4 – Investment 

–  Chapter 6 – Supplies 

–  Chapter 7 – Safeguards 

436 
437 
438 
439 
440 

OJ L 6, 10.1.1979 
OJ L 39, 14.2.1976 
OJ L 45, 19.2.1975 
OJ L 303, 2.12.2000 
OJ L 180, 19.7.2000 

EN 

249 

   EN 

 
 
                                                                                                                                                         
–  Chapter 8 – Property Ownership 

–  Chapter 9 – The Nuclear Common Market 

–  Chapter 10 – External relations 

The  secondary  law  derived  from  these  provisions  represents  a  total  of  174  directives,  40 
regulations and a considerable number of decisions and recommendations. 

A  list  of  the  Community  acquis  managed  by  DG  TREN  (status  31st  December  2004)  is 
available at 

http://ec.europa.eu/dgs/energy_transport/regulation/index_en.htm 

The  texts  of  current  Community  legislation  on  energy  and  transport  are  available, 
respectively, in section 12 and section 07 of the EUR-Lex database 

http://eur-lex.europa.eu/en/repert/index.htm 

Concerning in particular the Euratom Treaty, a list of acquis and case-law can be consulted in 
the  annexe  to  the  Commission's  staff  working  paper  [SEC(2007)347]  accompanying  the 
Communication on the 50 years of the Euratom Treaty [COM(2007)124 final] at 

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52007SC0347:EN:NOT 

2.2 

Legal basis for controlling the application of the Community acquis on energy 
and transport  

DG TREN contributes to the Commission's duties as a Guardian of the Treaties by using all 
means granted by the Treaties and secondary legislation, which are the following: 

Primary law 

A  number  of  provisions  of  the  Treaties  vest  the  Commission  with  specific  powers  that  are 
relevant for DG TREN activities: 

–  Articles 226 / 228 EC + 141 / 143 Euratom : so called "infringement procedures". 

–  Article 73 

–  Article  76  EC  –  examination  of  transport  rates  and  conditions  involving  any  element  of 
support or protection in the interest of one or more particular undertakings or industries. 

–  Article 77 EC  –  The Commission  may issue recommendations on  the charges  or  dues in 
respect of the crossing of frontiers which are charged in addition to the transport rates. 

–  Article  88  EC  –  State  aids  (transport).  If  the  State  concerned  does  not  comply  with  the 
Commission's  decision  within  the  prescribed  time,  it  may,  in  derogation  from  the 
provisions of Article 226 EC, refer the matter to the Court of Justice direct. 

EN 

250 

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–  Article 33 Euratom – verification of conformity of draft legislation in the field of radiation 

protection and education and training (the Commission may issue recommendations). 

–  Article 37 Euratom – assessment of national plans for the release of radioactive waste into 

the environment, before approval by the national authorities. 

–  Article 38 Euratom – in cases of urgency, the Commission shall issue a directive requiring 
the  Member  State  concerned  to  take,  within  a  period  laid  down  by  the  Commission,  all 
necessary  measures  to  prevent  infringement  of  the  basic  standards  and  to  ensure 
compliance  with  regulations.  Possible  direct  referral  to  the  Court,  in  derogation  from  the 
provisions of Article 141 Euratom. 

–  Title II, Chapter 7 Euratom: inspections on nuclear safeguards, and in particular: 

–  Article  77:  the  Commission  shall  satisfy  itself  that,  in  the  territories  of  member 
states, (a) ores, source materials and special fissile materials are not diverted from 
their intended uses as declared by the users; (b) the provisions relating to supply 
and any particular safeguarding obligations assumed by the community under an 
agreement  concluded  with  a  third  state  or  an  international  organisation  are 
complied with. 

–  Article  78:  Operators  shall  declare  to  the  Commission  the  basic  technical 
characteristics  of  the  installations,  to  the  extent  that  knowledge  of  these 
characteristics is necessary for the attainment of the objectives set out in Article 
77. 

–  Article 81: The Commission's nuclear inspectors (Commission's staff!) shall at all 
times have access to all places and data and to all persons who, by reason of their 
occupation,  deal  with  materials,  equipment  or  installations  subject  to  the 
safeguards.  If  the  carrying  out  of  an  inspection  is  opposed,  it  can  be  carried  out 
compulsorily (after decision of the president of the Court of Justice or even, after 
Commission's written order, if there is danger in delay. 

–  Article  82  Euratom  –  in  case  of  infringement  to  the  safeguards  provisions 
established  by  its  safeguards  inspectors,  the  Commission  may  issue  a  directive 
calling  upon  the  member  state  concerned  to  take,  by  a  time  limit  set  by  the 
commission,  all  measures  necessary  to  bring  such  infringement  to  an  end. 
Possible direct referral to the Court, in derogation from the provisions of Article 
141 Euratom. 

–  Article  83  Euratom  –  in  the  event  of  an  infringement  on  the  part  of  persons  or 
undertakings  of  the  obligations  on  nuclear  safeguards,  the  Commission  may 
impose  the  following  sanctions,  in  order  of  severity  :  (a)  a  warning  ;  (b)  the 
withdrawal  of  special  benefits  such  as  financial  or  technical  assistance  ;  (c)  the 
placing  of  the  undertaking  for  a  period  not  exceeding  four  months  under  the 
administration  of  a  person  or  board  appointed  by  common  accord  of  the 
Commission  and  the  state  having  jurisdiction  over  the  undertaking;  (d)  total  or 
partial withdrawal of source materials or special fissile materials. 

–  Article  103  Euratom  –  assessment  of  draft  international  agreements  in  the  fields  of  the 

Euratom Treaty. 

EN 

251 

   EN 

 
–  Article  145  Euratom  –  if  the  Commission  considers  that  a  person  or  undertaking  has 
committed an infringement of this Treaty (other than to the safeguards provisions), it shall 
call  upon  the  member  state  having  jurisdiction  over  that  person  or  undertaking  to  cause 
sanctions to be imposed in respect of the infringement in accordance with its national law. 
If the state concerned does not comply with such a request within the period laid down by 
the  Commission,  the  latter  may  bring  an  action  before  the  Court  of  justice  to  have  the 
infringement of which the person or undertaking is accused established. 

Secondary law 

–  Maritime  security.  Inspections  carried  out  by  DG  TREN  staff,  based  on  Article  9(4)  of 
Regulation (EC) no 725/2004 of the European Parliament and of the Council of 31 March 
2004 on enhancing ship and port facility security. 

–  Aviation security. Inspections carried out by DG TREN staff on the basis of Commission 
Regulation  Commission  Regulation  (EC)  No  1486/2003  of  22  August  2003  laying  down 
procedures for conducting Commission inspections in the field of civil aviation security. 

–  Inspections  by  executive  agencies.  Through  secondary  legislation,  a  number  of  Agencies 
have been created with inspecting powers. These Agencies have the duty to report to the 
Commission (DG TREN) on the outcome of the inspections. Based on Articles 211 EC and 
124  Euratom,  the  Commission  has  a  duty  to  carefully  examine  the  inspection  reports  in 
order  to  identify  possible  breaches  (not  necessarily  highlighted  in  the  report).  This 
concerns the following agencies: 

(1) European Aviation Safety Agency, created by Regulation (EC) No 1592/2002 on 
common  rules  in  the  field  of  civil  aviation  and  establishing  a  European  Aviation 
Safety Agency (EASA)); and 

(2)  European  Maritime  Safety  Agency  (EMSA)  (Regulation  (EC)  No  1406/2002 
establishing a European Maritime Safety Agency). 

2.3 

List  of  communication  aiming  at  reporting  on  tasks  related  to  the 
implementation of community law in energy and transport  

Energy 

–  Commission  staff  working  document  -  Accompanying  document  to  the  Communication 
from  the  Commission  to  the  Council  and  the  European  Parliament  -  Prospects  for  the 
internal gas and electricity market - Implementation report (COM(2006) 841 final). 

–  Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  - 
Biofuels  Progress  Report  -  Report  on  the  progress  made  in  the  use  of  biofuels  and  other 
renewable fuels in the Member States of the European Union (COM(2006) 845 final) 

–  Communication from the Commission to the Council and the European Parliament Green 
Paper follow-up action Report on progress in renewable electricity (COM(2006) 849 final) 

–  Commission  staff  working  document  on 

the 
implementation  of  the  European  Commission's  nuclear  safeguards  tasks  -  "Implementing 
Euratom Treaty Safeguards" (SEC(2007)293; not published). 

the  principles  and  modalities  of 

EN 

252 

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–  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  Regions:  Commission 
Report on the Application of Council Regulation (EC) N° 1407/2002 on State Aid to the 
Coal Industry (COM(2007) 253 final) 

–  Communication  from  the  Commission  to  the  Council  and  the  European  Parliament  - 
Report on the experience gained in the application of the Regulation (EC) No 1228/2003 
"Regulation on Cross-Border Exchanges in Electricity" Industry (COM(2007) 531 final) 

–  Commission  Decision  concerning  the  adoption  of  the  Report  of  the  European  Atomic 
Energy Community for the 4th Review meeting of Contracting Parties to the Convention 
on  Nuclear  Safety  (CNS)  to  be  held  in  Vienna,  starting  14  April  2008  (C(2007)  4492 
final). 

–  Communication  from  the  Commission -  Summary  of Commission (DG TREN) activities 
carried  out  during  2006  in  implementation  of  Title  II,  Chapters  3  to  10,  of  the  Euratom 
Treaty (COM(2007) 646 final) 

–  Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  - 
Second  Report  on  the  use  of  financial  resources  earmarked  for  the  decommissioning  of 
nuclear installations, spent fuel and radioactive waste (COM(2007) 794 final; accompanied 
by Commission Staff Working Document SEC(2007) 1654). 

–  Communication from the Commission - Application of Article 35 of the Euratom Treaty - 
Verification of the operation and  efficiency  of facilities for continuous monitoring of the 
level of radioactivity in the air, water and soil - Report 1990-2007 (COM(2007) 847 final). 

Transport 

–  Report  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  -  Trans-European 
transport  network Report on  the  implementation of the guidelines  2002-2003  pursuant  to 
article 18 of Decision 1692/96/EC (COM(2007) 094 final). 

–  Communication  from  the  Commission  to  the  Council  and  the  European  Parliament: 
Building  the  Single  European  Sky  through  functional  airspace  blocks: A  mid-term  status 
report (COM(2007) 101 final). 

–  Communication  from  the  Commission  to  the  European  Parliament  and  the  Council 
pursuant to Article 17 of Regulation [EC]261/2004 on the operation and the results of this 
Regulation establishing common rules on compensation and assistance to passengers in the 
event  of  denied  boarding  and  of  cancellation  or  long  delay  of  flights  (COM(2007)  168 
final). 

–  Rapport de la Commission au Conseil et au Parlement européen sur les conséquences de 
l'exclusion  des  conducteurs  indépendants  du  champ  d'application  de  la  directive 
2002/15/CE  du  Parlement  européen  et  du  Conseil  du  11  mars  2002  relative  à 
l'aménagement  du  temps  de  travail  des  personnes  exécutant  des  activités  mobiles  de 
transport  routier;  -  à  transmettre  au  Parlement  européen,  au  Conseil,  au  Comité 
économique et social européen et au Comité des régions, ainsi qu'aux parlements nationaux 
(COM(2007) 266 final). 

EN 

253 

   EN 

 
–  Report  from  the  Commission  to  the  European  Parliament  and  the  Council  on  the 
application by the Member States of 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 (COM(2007) 270 final). 

–  Report  from  the  Commission  to  the  Council,  the  European  Parliament,  the  European 
Economic and Social Committee and the Committee of the Regions - Second report on the 
implementation of Regulation (EC) no 2320/2002 on civil aviation security (COM(2007) 
542 final). 

–  Report  from  the  Commission  to  the  European  Parliament  and  the  Council  on  the 
application  by  the  Member  States  of  Council  Directive  95/50/EC  on  uniform  procedures 
for checks on the transport of dangerous goods by road (COM(2007) 795 final).  

–  Communication from the Commission - First Report on the implementation of the Single 

Sky Legislation achievements and the way forward (COM(2007) 845 final). 

Report  from  the  Commission  on  the  European  Community  SAFA  Programme 
(Safety  Assessment  of  Foreign  Aircraft)  (Aggregated  Information  —  Report  —  30 
April to 31 December 2006(C(2008) 295) 

2.4 

Recently adopted measures due to enter into force which may require additional 
work  

Energy 

Control of conformity is ongoing and / or guidance is expected for the following directives: 

Title 

Directive 2006/117/EURATOM du Conseil du 20 novembre 2006 
relative  à  la  surveillance  et  au  contrôle  des  transferts  de  déchets 
radioactifs et de combustible nucléaire usé 

of 
Date 
publication 

Transposition 
date 

05/12/2006  25/12/2008 

Directive  2006/108/CE  du  Conseil  du  20  novembre  2006  portant 
adaptation  des  directives  90/377/CEE  et  2001/77/CE  dans  le 
domaine de l'énergie en raison de l'adhésion de la Bulgarie et de la 
Roumanie 

20/12/2006  01/01/2007 

Directive  2006/80/CE  de  la  Commission  du  23  octobre  2006 
portant  adaptation  de  certaines  directives  dans  le  domaine  de 
l'énergie, en raison de l'adhésion de la Bulgarie et de la Roumanie 

20/12/2006  01/01/2007 

Directive  2006/32/CE  du  Parlement  européen  et  du  Conseil du  5 
avril  2006  relative  à  l'efficacité  énergétique  dans  les  utilisations 
finales  et  aux  services  énergétiques  et  abrogeant  la  directive 
93/76/CEE du Conseil 

27/04/2006  17/05/2006 
17/05/2008 

Directive 2005/89/CE du Parlement européen et du Conseil du 18 04/02/2006  01/12/2007 

EN 

254 

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janvier 2006 concernant des mesures visant à garantir la sécurité de 
l’approvisionnement  en  électricité  et  les  investissements  dans  les 
infrastructures (Texte présentant de l'intérêt pour l'EEE) 

Directive  2005/32/CE  du  Parlement  européen  et  du  Conseil du  6 
juillet  2005  établissant  un  cadre  pour  la  fixation  d'exigences  en 
matière  d'écoconception  applicables  aux  produits  consommateurs 
d'énergie  et  modifiant  la  directive  92/42/CEE  du  Conseil  et  les 
directives  96/57/CE  et  2000/55/CE  du  Parlement  européen  et  du 
Conseil 

22/07/2005  10/08/2007 

Directive 2004/67/CE du Conseil du 26 avril 2004 concernant des 
mesures visant à garantir la sécurité de l'approvisionnement en gaz 
naturel 

29/04/2004  19/05/2006 

Directive  2004/8/CE  du  Parlement  européen  et  du  Conseil  du  11 
février 2004 concernant la promotion de la cogénération sur la base 
de la demande de chaleur utile dans le marché intérieur de l'énergie 
et modifiant la directive 92/42/CEE 

21/02/2004  21/02/2006 

Directive 2003/122/EURATOM du Conseil du 22 décembre 2003 
relative  au  contrôle  des  sources  radioactives  scellées  de  haute 
activité et des sources orphelines 

31/12/2003  31/12/2005 

Directive 2002/91/CE du Parlement européen et du Conseil du 16 
décembre 2002 sur la performance énergétique des bâtiments. 

04/01/2003  04/01/2006 

In-deep analysis is ongoing of the application of following Regulations: 

–  Regulation  (EC)  No  1775/2005  of  the  European  Parliament  and  of  the  Council  of  28 
September 2005 on  conditions for access  to  the natural gas transmission networks (OJ L 
289, 3.11.2005, p. 1–13)  

–  Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 
2003  on  conditions  for  access  to  the  network  for  cross-border  exchanges  in  electricity 
(Text with EEA (OJ L 176, 15.7.2003, p. 1–10) 

–  Council Regulation (Euratom) No 1493/93 on shipments of radioactive substances between 

Member States. 

Transports 

Control of conformity is ongoing and / or guidance is expected for the following directives: 

Titres 

Directive  2007/32/CE  de  la  Commission  du  1  er  juin  2007  modifiant 
l’annexe VI de la directive 96/48/CE du Conseil sur l’interopérabilité du 
système  ferroviaire  transeuropéen  à  grande  vitesse  et  l’annexe  VI  de  la 
directive  2001/16/CE  du  Parlement  européen  et  du  Conseil  sur 
l’interopérabilité du système ferroviaire transeuropéen conventionnel 

Date 
of 
publication 

Transposition 
date 

02/06/2007  31/12/2007 

EN 

255 

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Directive  2006/137/CE  du  Parlement  européen  et  du  Conseil  du  18 
décembre  2006  modifiant  la  directive  2006/87/CE  établissant  les 
prescriptions techniques des bateaux de la navigation intérieure 

30/12/2006  30/12/2008 

Directive  2006/90/CE  de  la  Commission  du  3  novembre  2006  portant 
septième  adaptation  au  progrès  technique  de  la  directive  96/49/CE  du 
Conseil  relative  au  rapprochement  des  législations  des  États  membres 
concernant le transport de marchandises dangereuses par chemin de fer 

04/11/2006  01/07/2007 

Directive  2006/89/CE  de  la  Commission  du  3  novembre  2006  portant 
sixième  adaptation  au  progrès  technique  de  la  directive  94/55/CE  du 
Conseil  relative  au  rapprochement  des  législations  des  États  membres 
concernant le transport des marchandises dangereuses par route  

04/11/2006  01/07/2007 

Directive  2006/87/CE  du  Parlement  européen  et  du  Conseil  du  12 
décembre 2006 établissant les prescriptions techniques des bateaux de la 
navigation intérieure et abrogeant la directive 82/714/CEE du Conseil 

30/12/2006  30/12/2008 

DIRECTIVE 2006/38/CE du Parlement européen et du Conseil du 17 mai 
2006  modifiant  la  directive  1999/62/CE  relative  à  la  taxation  des  poids 
lourds pour l'utilisation de certaines infrastructures 

09/06/2006  10/06/2008 

DIRECTIVE  2006/23/CE  du  Parlement  européen  et  du 5  avril  2006 
concernant  une  licence  communautaire  de  contrôleur  de  la  circulation 
aérienne 

27/04/2006  17/05/2008 
17/05/2010 

Directive  2006/22/CE  du  Parlement  européen  et  du  Conseil  du  15  mars 
2006  établissant  les  conditions  minimales  à  respecter  pour  la  mise  en 
œuvre  des  règlements  du  Conseil  (CEE)  n  o  3820/85  et  (CEE)  n  o 
3821/85  concernant  la  législation  sociale  relative  aux  activités  de 
transport routier et abrogeant la directive 88/599/CEE du Conseil 

11/04/2006  01/04/2007 

Directive 2005/65/CE du Parlement européen et du Conseil du 26 octobre 
2005 relative à l’amélioration de la sûreté des ports 

25/11/2005  15/07/2007 

Directive  2005/45/CE  du  Parlement  européen  et  du  Conseil  du 
7 septembre 2005 concernant la reconnaissance mutuelle des brevets des 
gens  de  mer  délivrés  par  les  États membres  et  modifiant  la  directive 
2001/25/CE 

30/09/2005  20/10/2007 

Directive  2005/44/CE  du  Parlement  européen  et  du  Conseil  du 
7 septembre  2005  relative  à  des  services  d'information  fluviale  (SIF) 
harmonisés sur les voies navigables communautaires 

30/09/2005  20/10/2007 

Directive  2005/35/CE  du  Parlement  européen  et  du  Conseil  du 
7 septembre  2005  relative  à  la  pollution  causée  par  les  navires  et  à 
l'introduction de sanctions en cas d'infractions 

30/09/2005  01/04/2007 

Directive  2005/23/CE  de  la  Commission  du  8  mars  2005  modifiant  la 
directive 2001/25/CE du Parlement européen et du Conseil concernant le 
niveau minimal de formation des gens de mer 

09/03/2005  29/09/2005 

Directive 2005/12/CE de la Commission du 18 février 2005 modifiant les 19/02/2005  12/03/2006 

EN 

256 

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annexes  I  et  II  de  la  directive  2003/25/CE  du  Parlement  européen  et  du 
Conseil relative aux prescriptions spécifiques de stabilité applicables aux 
navires rouliers à passagers 

Directive  2004/54/CE  du  Parlement  européen  et  du  Conseil  du  29  avril 
2004  modifiant 
les  orientations 
la  décision  n°  1692/96/CE  sur 
communautaires  pour  le  développement  du  réseau  transeuropéen  de 
transport 

30/04/2004  30/04/2006 

Directive  2004/51/CE  du  Parlement  européen  et  du  Conseil  du  29  avril 
2004  modifiant 
la  directive  91/440/CEE  du  Conseil  relative  au 
développement de chemins de fer communautaires 

30/04/2004  31/12/2005 

Directive  2004/50/CE  du  Parlement  européen  et  du  Conseil  du  29  avril 
2004  modifiant 
relative  à 
l'interopérabilité du système ferroviaire transeuropéen à grande vitesse et 
la  directive  2001/16/CE  du  Parlement  européen  et  du  Conseil  relative  à 
l'interopérabilité du système ferroviaire transeuropéen conventionnel 

la  directive  96/48/CE  du  Conseil 

Directive  2004/49/CE  du  Parlement  européen  et  du  Conseil  du  29  avril 
2004  concernant  la  sécurité  des  chemins  de  fer  communautaires  et 
modifiant  la  directive  95/18/CE  du  Conseil  concernant  les  licences  des 
entreprises  ferroviaires,  ainsi  que  la  directive  2001/14/CE  concernant  la 
répartition  des  capacités  d'infrastructure  ferroviaire,  la  tarification  de 
l'infrastructure  ferroviaire  et  la  certification  en  matière  de  sécurité 
(directive sur la sécurité ferroviaire) 

30/04/2004  30/04/2006 

30/04/2004  30/04/2006 

Directive  2004/36/CE  du  Parlement  européen  et  du  Conseil  du  21  avril 
2004  concernant  la  sécurité  des  aéronefs  des  pays  tiers  empruntant  les 
aéroports communautaires 

30/04/2004  30/04/2006 

Directive 2003/59/CE du Parlement européen et du Conseil du 15 juillet 
2003  relative  à  la  qualification  initiale  et  à  la  formation  continue  des 
conducteurs  de  certains  véhicules  routiers  affectés  aux  transports  de 
marchandises ou de voyageurs, modifiant le règlement (CEE) n° 3820/85 
du Conseil ainsi que la directive 91/439/CEE du Conseil et abrogeant la 
directive 76/914/CEE du Conseil 

10/09/2003  10/09/2006 

In deep analysis is ongoing of the application of following Regulations: 

–  Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 
2004  laying  down  the  framework  for  the  creation  of  the  single  European  sky  (the 
framework Regulation) 

–  Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 
2004  on  the  provision  of  air  navigation  services  in  the  single  European  sky  (the  service 
provision Regulation) 

–  Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 
2004 on the organisation and use of the airspace in the single European sky (the airspace 
Regulation) 

EN 

257 

   EN 

 
–  Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 
2004  on  the  interoperability  of  the  European  Air  Traffic  Management  network  (the 
interoperability Regulation) 

–  Commission Regulation (EC) N° 2096/2005 of 20 December 2005 laying down common 

requirements for the provision of air navigation services 

–  Commission Regulation (EC) N° 2150/2005 of 23 December 2005 laying down common 

rules for the flexible use of airspace 

–  Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on a 

Community air traffic controller licence 

–  Commission Regulation (EC) N° 730/2006 of 11 May 2006 on airspace classification and 

access of flights operated under visual flight rules above flight level 

–  Commission Regulation (EC) N° 1032/2006 of 6 July 2006 laying down requirements for 
automatic  systems  for  the  exchange  of  flight  data  for  the  purpose  of  notification, 
coordination and transfer of flights between air traffic control units 

–  Commission Regulation (EC) N° 1033/2006 of 4 July 2006 laying down the requirements 

on procedures for flight plans in the pre-flight phase for the single European sky 

–  Commission Regulation (EC) N° 1794/2006 of 6 December 2006 laying down a common 

charging scheme for air navigation services 

–  Council Regulation (EC) N° 219/2007 of 27 February 2007 on the establishment of a Joint 
Undertaking  to  develop  the  new  generation  European  air  traffic  management  system 
(SESAR) 

–  Commission Regulation (EC) N° 633/2007 of 7 June 2007 laying down requirements for 
the  application  of  a  flight  message  transfer  protocol  used  for  the  purpose  of  notification, 
coordination and transfer of flights between air traffic control units 

–  Commission Regulation (EC) N° 1265/2007 of 26 October 2007 laying down requirements 

on air-ground voice channel spacing for the single European sky 

–  Commission Regulation (EC) N° 1315/2007 of 8 November 2007 on safety oversight in air 

traffic management and amending Regulation (EC) N° 2096/2005 

–  Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 
2006  on  the  harmonisation  of  certain  social  legislation  relating  to  road  transport  and 
amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 

–  Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) 
No  3821/85  on  recording  equipment  in  road  transport  and  Directive  88/599/EEC 
concerning the application of Regulations (EEC) No 3820/84 and (EEC) No 3821/85 

–  Regulations (EC) 1899/2006 and 8/2008 of the European Parliament and of the Council of 
12 December 2006 amending Council Regulation (EEC) 3922/91 on the harmonisation of 
technical requirements and administrative procedures in the field of civil aviation 

EN 

258 

   EN 

 
–  Règlement (CE) n o 375/2007 de la Commission du 30 mars 2007 modifiant le règlement 
(CE)  n  o  1702/2003  de  la  Commission  établissant  des  règles  d'application  pour  la 
certification de navigabilité et environnementale des aéronefs et des produits, des pièces et 
des équipements associés, ainsi que pour la certification des organismes de conception et 
de production 

–  Règlement (CE) n o 376/2007 de la Commission du 30 mars 2007 modifiant le règlement 
(CE)  n  o  2042/2003  relatif  au  maintien  de  la  navigabilité  des  aéronefs  et  des  produits, 
pièces  et  équipements  aéronautiques,  et  relatif  à  l'agrément  des  organismes  et  des 
personnels participant à ces tâches 

–  Règlement (CE) n°1321/2007 de la Commission du 12 novembre 2007 fixant les modalités 
d’application  pour  l’enregistrement,  dans  un  répertoire  central,  d’informations  relatives 
aux événements de l’aviation civile échangées conformément à la directive 2003/42/CE du 
Parlement européen et du Conseil 

Règlement (CE) n°1330/2007 de la Commission du 24 septembre 2007 fixant les modalités 
d'application pour la diffusion, auprès des parties intéressées, des événements de l'aviation 
civile visés à l'article 7, paragraphe 2, de la directive 2003/42/CE du Parlement européen et du 
Conseil 

2.5 

New measures due to be adopted which may require specific implementation / 
transposition work 

Energy 

–  Proposal  for  a  Directive  amending  Directive  98/70/EC  as  regards  the  specification  of 
petrol,  diesel  and  gas-oil  and  the  introduction  of  a  mechanism  to  monitor  and  reduce 
greenhouse  gas  emissions  from  the  use  of  road  transport  fuels  and  amending  Council 
Directive 1999/32/EC, as regards the specification of fuel used by inland waterway vessels 
and repealing Directive 93/12/EEC (COM(2007)18 final) 

–  3rd  package  on  internal  market  for  energy  (2  directives  and  3  regulations)  including: 
Proposal for a Directive amending Directive 2003/54/EC concerning common rules for the 
internal market in electricity (COM(2007)528 final) 

–  Proposal for a Directive amending Directive 2003/55/EC concerning common rules for the 

internal market in natural gas (COM(2007)529 final) 

–  Proposal  for  a  Regulation  establishing  an  Agency  for  the  Cooperation  of  Energy 

Regulators (COM(2007)530 final) 

–  Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending 
Regulation  (EC)  No  1228/2003  on  conditions  for  access  to  the  network  for  cross-border 
exchanges in electricity (COM(2007)531 final) 

–  Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending 
Regulation  (EC)  No  1775/2005  on  conditions  for  access  to  the  natural  gas  transmission 
networks (COM(2007)532 final) 

EN 

259 

   EN 

 
 
–  Proposal  for  a  Directive  on  the  promotion  of  the  use  of  energy  from  renewable  sources. 

(COM(2008)19 final) 

Transports 

–  Proposal for a Regulation of the European Parliament and of the Council on common rules 
for the air transport operations in the Community replacing Regulations 2407/92, 2408/92 
and 2409/92 (SEC(2006)943; SEC(2006)976) 

–  Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  a  Code  of 

conduct for computerized reservation systems (COM(2007)569 final) 

–  Commission Directive 2008/49/EC amending Annex II to Directive 2004/36/EC regarding 

the criteria for the conduct of ramp inspections on aircraft using Community airports 

–  Commission Regulation (EC) Nº 351/2008 implementing Directive 2004/36/EC as regards 
the  prioritisation  of  ramp  inspections  on  aircraft  using  Community  airports  aims  at 
improving the implementation of the Directive 

–  Regulation  (EC)  No  216/2008  of  the  European  Parliament  and  of  the  Council  of  20 
February 2008 on common rules in the field of civil aviation and establishing a European 
Aviation  Safety  Agency,  and  repealing  Council  Directive  91/670/EEC,  Regulation  (EC) 
No 1592/2002 and Directive 2004/36/EC 

–  Commission  Regulation  (EC)  No  8/2008  of  11  December  2007  amending  Council 
technical  requirements  and 

Regulation  (EEC)  No  3922/91  as  regards  common 
administrative procedures applicable to commercial transportation by aeroplane  

–  Proposal  for  a  directive  of  the  European  parliament  and  of  the  Council  on  the  minimum 

level of training of seafarers (recast) (COM(2006) 610 final) 

–  Proposal for a directive of the European Parliament and of the council on safety rules and 

standards for passenger ships (COM(2007)737 final) 

–  Proposition  de  Directive  du  Parlement  et  du  Conseil  sur  les  redevances  aéroportuaires 

(COM(2006)820 final) 

–  Proposal  for  a  Regulation  on  a  Code  of  Conduct  for  computerised  reservation  systems 

(COM(2007)709 final) 

–  Proposition de directive sur la sécurité des infrastructures routières (COM(2006)569 final) 

–  Proposition de directive visant à imposer aux autorités publiques la prise en compte dans 
les  appels  d’offre  des  avantages  des  véhicules  les  plus  performants  sur  le  plan 
environnemental et énergétique (COM(2005)634 final) 

–  Proposition  de  directive  relative  au  transport  intérieur  des  marchandises  dangereuses 

(COM(2007)852 final) 

–  Proposition de directive concernant le respect des obligations des Etats du pavillon- "Etat 

du pavillon" (COM(2005)586 final) 

EN 

260 

   EN 

 
–  Proposition  de  directive  établissant  des  règles  et  normes  communes  concernant  les 
organismes  habilités  à  effectuer  l'inspection  et  la  visite  des  navires  et  les  activités 
pertinentes 
de 
classification"(COM(2005)587 final) 

administrations  maritimes 

"Sociétés 

(refonte) 

des 

- 

–  Proposition de directive modifiant la directive 2002/59/CE relative à la mise en place d’un 
système  communautaire  de  suivi  du  trafic  des  navires  et  d’information  –  "Suivi  du 
trafic"(COM(2005)589 final) 

–  Proposition de directive établissant les principes fondamentaux régissant les enquêtes sur 
les  accidents  dans  le  secteur  des  transports  maritimes  et  modifiant  les  directives 
1999/35/CE  et  2002/59/CE  –  "Enquêtes  sur  les  accidents  maritimes"  (COM(2005)590 
final) 

–  Proposition de règlement relatif à la responsabilité des entreprises assurant le transport de 
personnes  par  mer  ou  par  voie  de  navigation  intérieure  en  cas  d’accident  –  "Convention 
d'Athènes" (COM(2005)592 final) 

–  Proposition de directive relative à la responsabilité civile et aux garanties financières des 

propriétaires de navires – "Responsabilité civile" (COM(2005)593 final) 

–  Proposition de règlement du Parlement Européen et du Conseil relative à la mise en place 
d'un  Fonds  d'indemnisation  pour  les  dommages  dus  à  la  pollution  par  les  hydrocarbures 
dans les eaux européennes et d'autres mesures complémentaires (COM(2000)802 final) 

–  Proposition de Directive du Parlement européen  et du  Conseil relative à l'interopérabilité 

du système ferroviaire communautaire (COM(2006)783 final) 

–  Proposition  de  directive  modifiant  la  directive  2004/49/CE  concernant  la  sécurité  des 

chemins de fer communautaires (COM(2006)784 final) 

–  Proposition  de  règlement  du  Parlement  européen  et  du  Conseil  modifiant  le  Règlement 
(CE)  n°  881/2004  du  Parlement  européen  et  du  Conseil  du  29  avril  2004  instituant  une 
Agence ferroviaire européenne (COM(2006)785 final) 

Proposition de règlement du Parlement européen et du Conseil concernant les compensations 
en cas de non-respect des exigences de qualité contractuelles applicables aux services de fret 
ferroviaire (COM(2004)144 final) 

3 

TAXATION AND CUSTOMS UNION 

List of measures in force   

3.1 

Customs 

Relevant Treaty provisions: 

Art 23-27; 

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Art 95; 

Art 133; 

Art 135. 

Relevant secondary Community law acts: 

Council Regulation (EEC) No 2913/92; 

Commission Regulation (EEC) No 2454/93; 

The  Common  Customs  Tariff  (Combined  Nomenclature  and  tariff  measures):  Council 
Regulation  (EEC)  No  2658/87  on  the  tariff  and  statistical  nomenclature  and  the  duty  relief 
legislation (Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community 
system of relief from customs duty); 

Regulation (EC) No 1889/2005 of the European Parliament and of the Council; 

International agreements in customs matters or the customs provisions of international agreements; 

Specific  legislation  on  customs  control  (counterfeit,  drug  precursors,  cultural  goods,  cash 
control) in particular : 

Council Regulation (EC) No 1383/2003; 

Council Regulation (EC) No 111/2005; 

Council Regulation (EEC) No 3911/92. 

The following webpage contains a list of legal measures in the customs area adopted since 
2003: 

http://ec.europa.eu/taxation_customs/common/legislation/legislation/customs/index_en.htm 

3.2 

Indirect taxation 

•  Relevant Treaty provisions:  

Mainly: 

Art 90;  

Additional: 

Art 39; 

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Art 49; 

Art 43; 

Art 56. 

•  Relevant secondary Community law acts:  

Directive 2007/74/EC; 

Directive 2006/112/EC (+ 4 amending directives); 

Directive 2006/98/EC; 

Directive 2006/79/EC; 

Directive 2003/96/EEC (+ 2 amending directives); 

Directive 95/60/EC; 

Directive 95/59/EC; 

Directive 92/84/EEC; 

Directive 92/83/EEC; 

Directive 92/80/EEC; 

Directive 92/79/EEC (+ 3 amending directives); 

Directive 92/12/EEC (+ 4 amending directives); 

Directive 91/680/EEC; 

Directive 86/560/EEC; 

Directive 86/247/EEC; 

Directive 83/648/EEC; 

Directive 83/183/EEC (+ 1 amending directive); 

Directive 83/182/EEC; 

Directive 83/181/EEC (+ 3 amending directives); 

Directive 79/1072/EEC; 

Directive 78/1035/EEC (+ 1 amending directive); 

Directive 78/1032/EEC; 

Directive 76/308/EEC (+ 5 amending directives); 

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Directive 72/230/EEC; 

Directive 69/463/EEC; 

Directive 69/169/EEC (+ 8 amending directives); 

Directive 68/297/EEC (+ 1 amending directive). 

The following webpage contains a list of legal measures in the tax area adopted since 2003: 

http://ec.europa.eu/taxation_customs/common/legislation/legislation/taxation/index_en.htm 

3.3 

Direct taxation 

•  Relevant Treaty provisions: 

Art 18; 

Art 39 (to 42); 

Art 43 (to 48); 

Art 49 (to 55); 

Art 56 (to 60); 

Art 94; 

Art 293. 

•  Relevant secondary Community law acts: 

Directive 69/335/EEC (+ 4 amending directives); 

Directive 76/308/EEC (+ 4 amending directives); 

Directive 77/799/EEC (+2 amending directives); 

Directive 90/434/EEC (+1 amending directive); 

Directive 90/435/EEC (+1 amending directive); 

Directive 2003/48/EC; 

Directive 2003/49/EC (+1 amending directive). 

The following webpage contains a list of legal measures in the tax area adopted since 2003: 

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http://ec.europa.eu/taxation_customs/common/legislation/legislation/taxation/index_en.htm 

4 

 HEALTH AND CONSUMER PROTECTION 

4.1  

Food Safety 

1. General 

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Regulation  (EC)  No  178/2002  of  the  European  Parliament  and  of  the  Council  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 

2. Placing on the market of food, feed and animal by-products 

Regulation  (EC)  No  852/2004  of  the  European  Parliament  and  of  the  Council  of  29 
April 2004 on the hygiene of foodstuffs 
Regulation  (EC)  No  853/2004  of  the  European  Parliament  and  of  the  Council  of  29 
April 2004 laying down specific hygiene rules for food of animal origin 
Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 
repealing  certain  Directives  concerning  food  hygiene  and  health  conditions  for  the 
production and placing on the market of certain products of animal origin intended for 
human  consumption  and  amending  Council  Directives  89/662/EEC  and  92/118/EEC 
and Council Decision 95/408/EC  
Council Directive 92/118/EEC of 17 December 1992 laying down animal health and 
public  health  requirements  governing  trade  in  and  imports  into  the  Community  of 
products not subject to the said requirements laid down in specific Community rules 
referred  to  in  Annex  A  (I)  to  Directive  89/662/EEC  and,  as  regards  pathogens,  to 
Directive 90/425/EEC 
Council  Directive  2002/99/EC  of  16  December  2002  laying  down  the  animal  health 
rules  governing  the  production,  processing,  distribution  and  introduction  of  products 
of animal origin for human consumption 
Regulation  (EC)  No  1774/2002  of  the  European  Parliament  and  of  the  Council  of  3 
October  2002  laying  down  health  rules  concerning  animal  by-products  not  intended 
for human consumption 
Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 
December 2007 banning the placing on the market and the import to, or export from, 
the Community of cat and dog fur, and products containing such fur 

3. Controls 

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Regulation  (EC)  No  882/2004  of  the  European  Parliament  and  of  the  Council  of  29 
April  2004  on  official  controls  performed  to  ensure  the  verification  of  compliance 
with feed and food law, animal health and animal welfare rules 
Regulation  (EC)  No  854/2004  of  the  European  Parliament  and  of  the  Council  of  29 
April  2004  laying  down  specific  rules  for  the  organisation  of  official  controls  on 
products of animal origin intended for human consumption 
Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 
repealing  certain  Directives  concerning  food  hygiene  and  health  conditions  for  the 
production and placing on the market of certain products of animal origin intended for 
human  consumption  and  amending  Council  Directives  89/662/EEC  and  92/118/EEC 
and Council Decision 95/408/EC  
Council  Directive  90/425/EEC  of  26  June  1990  concerning  veterinary  and 
zootechnical  checks  applicable  in  intra-Community  trade  in  certain  live  animals  and 
products with a view to the completion of the internal market 
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 
Council Directive 96/93/EC of 17 December 1996 on the certification of animals and 
animal products 
Council  Directive  2002/99/EC  of  16  December  2002  laying  down  the  animal  health 
rules  governing  the  production,  processing,  distribution  and  introduction  of  products 
of animal origin for human consumption 
Council  Directive  89/608/EEC  of  21  November  1989  on  mutual  assistance  between 
the administrative authorities of the Member States and cooperation between the latter 
and the Commission to ensure the correct application of legislation on veterinary and 
zootechnical matters 
Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing 
the organization of veterinary checks 
on  animals  entering  the  Community  from 
third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC 
Council  Directive  97/78/EC  of  18  December  1997  laying  down  the  principles 
governing the organisation of veterinary checks 
Council  Directive  2002/99/EC  of  16  December  2002  laying  down  the  animal  health 
rules  governing  the  production,  processing,  distribution  and  introduction  of  products 
of animal origin for human consumption 
Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing 
the organization of veterinary checks 
on  animals  entering  the  Community  from 
third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC 
Council  Directive  97/78/EC  of  18  December  1997  laying  down  the  principles 
governing the organisation of veterinary checks on products entering the Community 
from third countries. 
Regulation  (EC)  No  882/2004  of  the  European  Parliament  and  of  the  Council  of  29 
April  2004  on  official  controls  performed  to  ensure  the  verification  of  compliance 
with feed and food law, animal health and animal welfare rules 

4. Food Safety 

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Commission  Directive  87/250/EEC  of  15  April  1987  on  the  indication  of  alcoholic 
strength  by  volume  in  the  labelling  of  alcoholic  beverages  for  sale  to  the  ultimate 
consumer 
Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the 
lot to which a foodstuff belongs 
Council  Directive  90/496/EEC  of  24  September  1990  on  nutrition  labelling  for 
foodstuffs 
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  
Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 
December 2006 on nutrition and health claims made on foods 
Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws 
of  the  Member  States  concerning  food  additives  authorized  for  use  in  foodstuffs 
intended for human consumption 
Council Directive 88/344/EEC of 13 June 1988 on the  approximation  of  the  laws of 
the  Member  States  on  extraction  solvents  used  in  the  production  of  foodstuffs  and 
food ingredients 
Council Directive 88/388/EEC of 22 June 1988 on the  approximation  of  the  laws of 
the Member States relating to flavourings for use in foodstuffs and to source materials 
for their production 
Council  Decision  88/389/EEC  of  22  June  1988  on  the  establishment,  by  the 
Commission,  of  an  inventory  of  the  source  materials  and  substances  used  in  the 
preparation of flavourings 
Regulation  (EC)  No  2232/96  of  the  European  Parliament  and  of  the  Council  of  28 
October 1996 laying down a Community procedure for flavouring substances used or 
intended for use in or on foodstuffs 
Regulation (EC) N° 2065/2003 of the European Parliament and of the Council of 10 
November on smoke flavourings used or intended for use in or on foods. 
Regulation  1935/2004/EC  of  the  European  Parliament  and  of  the  Council  of  27 
October 2004 on materials and articles intended to come into contact with food 
Commission  Regulation  (EC)  No  2023/2006  of  22  December  2006  on  good 
manufacturing  practice  for  materials  and  articles  intended  to  come  into  contact  with 
food 
Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 
on the approximation of the laws of the Member States relating to food supplements 
Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 
December  2006  on  the  addition  of  vitamins  and  minerals  and  of  certain  other 
substances to foods 
Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the 
Member States relating to foodstuffs intended for particular nutritional uses 
Council  Directive  92/52/EEC  of  18  June  1992  on  infant  formulae  and  follow-on 
formulae intended for export to third countries 
Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws 
of the Member States relating to quick-frozen foodstuffs for human consumption 
Council  Regulation  (EEC)  No  315/93  of  8  February  1993  laying  down  Community 
procedures for contaminants in food 

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Regulation  (EC)  No  258/97  of  the  European  Parliament  and  of  the  Council  of  27 
January 1997 concerning novel foods and novel food ingredients 
Regulation (EC) N° 1829/2003 of the European Parliament and of the Council of 22 
September 2003 on genetically modified food and feed. 
Regulation (EC) N° 1830/2003 of the European Parliament and of the Council  of 22 
September  2003  concerning  the  traceability  and  labelling  of  genetically  modified 
organisms  and  the  traceability  of  food  and  feed  products  produced  from  genetically 
modified organisms and amending Directive 2001/18/EC. 
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 
Directive  1999/3/EC  of  the  European  Parliament  and  of  the  Council  of  22  February 
1999 on the establishment of a Community list of foods and food ingredients treated 
with ionising radiation 
Council  Directive  80/777/EEC  of  15  July  1980  on  the  approximation  of  the  laws  of 
the Member States relating to the exploitation and marketing of natural mineral waters 
Commission Directive 2003/40/EC of 16 May 2003 establishing the list, concentration 
limits and labelling requirements for the constituents of natural mineral waters and the 
conditions for using ozone-enriched air for the treatment of natural mineral waters and 
spring waters 

5. Animal health 

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 
July  2000  establishing  a  system  for  the  identification  and  registration  of  bovine 
animals and  regarding the labelling  of beef and beef products and  repealing Council 
Regulation (EC) No 820/97. 
Council Directive 64/432/EEC  of  26  June  1964  on  animal  health  problems  affecting 
intra-Community trade in bovine animals and swine 
Council  Directive  92/102/EEC  of  27  November  1992  on  the  identification  and 
registration of animals 
Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for 
the  identification  and  registration  of  ovine  and  caprine  animals  and  amending 
Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC 
Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing 
the movement and import from third countries of equidae 
Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical 
conditions governing intra-Community trade in equidae 
Council Directive 2003/85/EC of 29 September 2003 on Community measures for the 
control  of  foot-and-mouth  disease  repealing  Directive  85/511/EEC  and  Decisions 
89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC 
Council  Directive  2001/89/EC  of  23  October  2001  on  Community  measures  for  the 
control of classical swine fever 
Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the 
control  of  African  swine  fever  and  amending  Directive  92/119/EEC  as  regards 
Teschen disease and African swine fever 

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Council  Directive  92/35/EEC  of  29  April  1992  laying  down  control  rules  and 
measures to combat African horse sickness 
Council Directive 2005/94/EC of 20 December 2005 on Community measures for the 
control of avian influenza and repealing Directive 92/40/EEC 
Council  Directive  92/66/EEC  of  14  July  1992  introducing  Community  measures  for 
the control of Newcastle disease 
Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for 
aquaculture animals and products thereof, and on the prevention and control of certain 
diseases in aquatic animals 
Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions 
for the control and eradication of bluetongue 
Regulation  (EC)  No  999/2001  of  the  European  Parliament  and  of  the  Council  of  22 
May  2001  laying  down  rules  for  the  prevention,  control  and  eradication  of  certain 
transmissible spongiform encephalopathies 
Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 
November 2003 on the control of  
Directive 2003/99/EC of the European Parliament and of the Council of 17 November 
2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 
90/424/EEC and repealing Council Directive 92/117/EEC 
Council Directive 92/119/EEC of 17 December 1992 introducing general Community 
measures for the control of certain animal diseases  and specific  measures relating to 
swine vesicular disease 
Council  Directive  82/894/EEC  of  21  December  1982  on  the  notification  of  animal 
diseases within the Community 
Council Directive 64/432/EEC  of  26  June  1964  on  animal  health  problems  affecting 
intra-Community trade in bovine animals and swine 
Council  Directive  91/68/EEC  of  28  January  1991  on  animal  health  conditions 
governing intra-Community trade in ovine  and caprine animals 
Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing 
the movement and import from third countries of equidae 
Council  Directive  90/539EEC  of  15  October  1990  on  animal  health  conditions 
governing intra-Community trade in, and 
imports  from  third  countries  of,  poultry 
and hatching eggs 
Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for 
aquaculture animals and products thereof, and on the prevention and control of certain 
diseases in aquatic animals [01/08/2008] 
Council  Directive  89/556/EEC  of  25  September  1989  on  animal  health  conditions 
governing intra-Community trade in and importation from third countries of embryos 
of domestic animals of the bovine species 
Council  Directive  88/407/EEC  of  14  June  1988  laying  down  the  animal  health 
requirements  applicable  to  intra-Community  trade  in  and  imports  of  deep-frozen 
semen of domestic animals of the bovine species. 
Council  Directive  90/429/EEC  of  26  June  1990  laying  down  the  animal  health 
requirements  applicable  to  intra-  Community  trade  in  and  imports  of  semen  of 
domestic animals of the porcine species. 
Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements 
governing  trade  in  and  imports  into  the  Community  of  animals,  semen,  ova  and 

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embryos not subject to animal health requirements laid down in specific Community 
rules referred to in Annex A (I) to Directive 90/425/EEC 
Council Directive 96/22EC 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 
Council  Decision  1999/879/EC  of  17  December  1999  concerning  the  placing  on  the 
market  and  administration  of  bovine  somatotrophin  BST)  and  repealing  Decision 
90/218/EEC. 
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 
Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for 
the  importation  into  and  transit  through  the  Community  of  certain  live  ungulate 
animals,  amending  Directives  90/426/EEC  and  92/65/EEC  and  repealing  Directive 
72/462/EEC 
Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing 
the movement and import from third countries of equidae 
Council  Directive  90/539/EEC  of  15  October  1990  on  animal  health  conditions 
governing intra-Community trade in, and imports from third countries of, poultry and 
hatching eggs 
Council  Directive  89/556/EEC  of  25  September  1989  on  animal  health  conditions 
governing intra-Community trade in and importation from third countries of embryos 
of domestic animals of the bovine species 
Council  Directive  88/407/EEC  of  14  June  1988  laying  down  the  animal  health 
requirements  applicable  to  intra-  Community  trade  in  and  imports  of  deep-frozen 
semen of domestic animals of the bovine species.  
Council  Directive  90/429/EEC  of  26  June  1990  laying  down  the  animal  health 
requirements  applicable  to  intra-  Community  trade  in  and  imports  of  semen  of 
domestic animals of the porcine species 
Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements 
governing  trade  in  and  imports  into  the  Community  of  animals,  semen,  ova  and 
embryos not subject to animal health requirements laid down in specific Community 
rules referred to in Annex A (I) to Directive 90/425/EEC 
Council  Directive  98/58/EC  concerning  the  protection  of  animals  kept  for  farming 
purposes 
Council  Directive  1999/74/EC  of  19  July  1999  laying  down  minimum  standards  for 
the protection of laying hens. 
Council  Directive  2007/43/EC  of  28  June  2007  laying  down  minimum  rules  for  the 
protection of chickens kept for meat production. 
Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards 
for the protection of calves 
Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards 
for the protection of pigs. 
Council  Regulation  (EC)  No  1/2005  of  22  December  2004  on  the  protection  of 
animals during transport and related operations  and  amending  Directives  64/432/EEC 
and 93/119/EC and Regulation (EC) No 1255/97 
Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the 
time of slaughter or killing 

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porcine species 

Council Directive 77/504/EEC of 25 July 1977 on pure- bred breeding animals of the 
bovine species 
Council  Directive  88/661/EEC  of  19  December  1988  on  the  zoo  technical  standards 
applicable to breeding animals of the 
Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep 
and goats. 
Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical 
conditions governing intra-Community trade in equidae 
Council  Directive  90/428/EEC  of  26  June  1990  on  trade  in  equidae  intended  for 
competitions and laying down the conditions for participation therein. 
Council  Directive  91/174/EEC  of  25  March  1991  laying  down  zootechnical  and 
pedigree  requirements  for  the  marketing  of  pure-bred  animals  and  amending 
Directives 77/504/EEC and 90/425/EEC 
Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the 
zootechnical and genealogical conditions applicable to imports from third countries of 
animals, their semen, ova and embryos, and amending Directive77/504/EEC on pure-
bred breeding animals of the bovine species 
Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field 

6. Feed 

Regulation  (EC)  No  183/2005  of  the  European  Parliament  and  of  the  Council  of  12 
January 2005 laying down requirements for feed hygiene 
Council  Directive  70/524/EEC  of  23  November  1970  concerning  additives  in 
feedingstuffs 
Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 
September 2003 on additives for use in animal nutrition 
Council  Directive  79/373/EEC  of  2  April  1979  on  the  circulation  of  compound 
feedingstuffs 
Council  Directive  96/25/EC  of  29  April  1996  on  the  circulation  of  feed  materials, 
amending  Directives  70/524/EEC,  74/63/EEC,  82/471/EEC  and  93/74/EEC  and 
repealing Directive 77/101/EEC 
Directive 2002/32/EC of the European Parliament and the Council of 7 May 2002 on 
undesirable substances in animal feed 
Council  Directive  93/74/EEC  of  13  September  1993  on  feedingstuffs  intended  for 
particular nutritional purposes 
Council  Directive  82/471/EEC  of  30  June  1982  concerning  certain  products  used  in 
animal nutrition 
Council  Directive  90/167/EEC  of  26  March  1990  laying  down  the  conditions 
governing the preparation, placing on the market and use of medicated feedingstuffs in 
the Community 

7. Phytosanitary 

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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 
Council Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease 
Council  Directive  69/465/EEC  of  8  December  1969  on  control  of  Potato  Cyst 
Eelworm (until 01/06/2010) 
Council Directive 74/647/EEC of 9 December 1974 on control of carnation leaf-rollers 
Council Directive 93/85/EC of 4 October 1993 on control of Potato Ring Rot 
Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum 
(Smith) Yabuuchi et al. 
Council  Directive  2006/91/EC  of  7  November  2006  on  control  of  San  José  Scale 
(Codified version) 
Council  Directive  91/414/EEC  of  15  July  1991  concerning  the  placing  of  plant 
protection products on the market 
Council  Directive  76/895/EEC  of  23  November  1976  relating  to  the  fixing  of 
maximum levels for pesticide residues in and on fruit and vegetables  
Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for 
pesticide residues in and on cereals 
Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for 
pesticide residues in and on foodstuffs of animal origin 
Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels 
for  pesticide  residues  in  and  on  certain  products  of  plant  origin,  including  fruit  and 
vegetables 
Regulation  (EC)  No  396/2005  of  the  European  Parliament  and  of  the  Council  of  23 
February  2005  on  maximum  residue  levels  of  pesticides  in  or  on  food  and  feed  of 
plant and animal origin and amending Council Directive 91/414/EEC 
Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed  
Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed  
Council  Directive  68/193/EEC  of  9  April  1968  on  the  marketing  of  material  for  the 
vegetative propagation of the vine 
Council  Directive  92/33/EEC  of  28  April  1992  on  the  marketing  of  vegetable 
propagating and planting material, other than seed 
Council  Directive  92/34/EEC  of  28  April  1992  on  the  marketing  of  fruit  plant 
propagating material and fruit plants intended for fruit production 
Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material 
of ornamental plants 
Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest  
Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties 
of agricultural plant species 
Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed 
Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed  
Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes  
Council  Directive  2002/57/EC  of  13  June  2002  on  the  marketing  of  seed  of  oil  and 
fibre plants  
Council  Regulation  (EC)  No  2100/94  of  27  July  1994  on  Community  plant  variety 
rights 

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4.2 

Public Health 

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• 

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 
Directive  2002/98/EC  of  the  European  Parliament  and  of  the  Council  of  27  January 
2003  setting  standards  of  quality  and  safety  for  the  collection,  testing,  processing, 
storage  and  distribution  of  human  blood  and  blood  components  and  amending 
Directive 2001/83/EC 
Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 
on  the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the 
Member States relating to the advertising and sponsorship of tobacco products 
Directive  2004/23/EC  of  the  European  Parliament  and  of  the  Council  of  31  March 
2004 on setting standards of quality and safety for the donation, procurement, testing, 
processing, preservation, storage and distribution of human tissues and cells 
Commission  Directive  2004/33/EC  of  22  March  2004  implementing  Directive 
2002/98/EC  of  the  European  Parliament  and  of  the  Council  as  regards  certain 
technical requirements for blood and blood components 
Commission  Directive  2005/61/EC  of  30  September  2005  implementing  Directive 
2002/98/EC  of  the  European  Parliament  and  of  the  Council  as  regards  traceability 
requirements and notification of serious adverse reactions and events 
Commission  Directive  2005/62/EC  of  30  September  2005  implementing  Directive 
2002/98/EC  of  the  European  Parliament  and  of  the  Council  as  regards  Community 
standards and specifications relating to a quality system for blood establishments 
Commission  Directive  2006/17/EC  of    8  February  2006    implementing  Directive 
2004/23/EC  of  the  European  Parliament  and  of  the  Council  as  regards  certain 
technical requirements for the donation, procurement and testing of human tissues and 
cells 
Commission  Directive  2006/86/EC  of  24  October  2006  implementing  Directive 
2004/23/EC  of  the  European  Parliament  and  of  the  Council  as  regards  traceability 
requirements, notification of serious adverse reactions and events and certain technical 
requirements  for  the  coding,  processing,  preservation,  storage  and  distribution  of 
human tissues and cells 

EN 

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4.3 

Consumers 

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Council  Directive  85/577/EEC  of  20  December  1985  to  protect  the  consumer  in 
respect of contracts negotiated away from business premises 
Council  Directive  87/102/EEC  of  22  December  1986  for  the  approximation  of  the 
laws,  regulations  and  administrative  provisions  of  the  Member  States  concerning 
consumer credit 
Council  Directive 87/357/EEC  of 25 June 1987 on the approximation of the laws of 
the  Member  States  concerning  products  which,  appearing  to  be  other  than  they  are, 
endanger the health or safety of consumers 
Council  Directive  90/88/EEC  of  22  February  1990  amending  Directive  87/102/EEC 
for  the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the 
Member States concerning consumer credit 
Council Directive 90/314/EEC of 13 June 1990 on  package travel, package holidays 
and package tours 
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts 
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 
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 
Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 
on  consumer  protection  in  the  indication  of  the  prices  of  products  offered  to 
consumers 
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 
Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on 
injunctions for the protection of consumers' interests 
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 
Directive 2001/95/EC of the European Parliament and of the Council of 3 December 
2001 on general product safety  
Directive 2002/65/EC of the European Parliament and of the Council of 23 September 
2002 concerning the distance marketing of consumer financial services and amending 
Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC 
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 
concerning  unfair  business-to-consumer  commercial  practices  in  the  internal  market 
and  amending  Council  Directive  84/450/EEC,  Directives  97/7/EC,  98/27/EC  and 
2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 
2006/2004  of  the  European  Parliament  and  of  the  Council  (‘Unfair  Commercial 
Practices Directive’) 

Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 
concerning misleading and comparative advertising (codified version) 

EN 

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5 

JUSTICE, FREEDOM AND SECURITY 

List of measures in force  

Please note that the list does not include legal instruments adopted under Title VI of the EU 
Treaty. 

5.1 

Fundamental rights 

Article  6  of  the  Treaty  on  European  Union  and  a  general  principle  of  Community  law 
according  to  which  Member  States  must  respect  fundamental  rights  when  implementing 
Community law 

5.2 

Citizenship 

•  Article 12 of the Treaty establishing the European Community 

•  Articles 17 to 22 of the Treaty establishing the European Community 

•  Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for 
the  exercise  of  the  right  to  vote  and  stand  as  a  candidate  in  elections  to  the  European 
Parliament  for  citizens  of  the  Union  residing  in  a  Member  State  of  which  they  are  not 
nationals (OJ L 329 of 30 December 1993, p. 34); 

•  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 OJ L 368 
of 31 December 1994, p. 38); 

–  Council Directive 96/30/EC of 13 May 1996 amending Directive 94/80/EC laying 
down detailed arrangements for the exercise of the right to vote and to stand as a 
candidate  in  municipal  elections  by  citizens  of  the  Union  residing  in  a  Member 
State of which they are not nationals OJ L 122 of 22 May 1996, p. 14); 

–  Council  Directive  2006/106/EC  of  20  November  2006  adapting  Directive 
94/80/EC laying down detailed arrangements for the exercise of the right to vote 
and  to  stand  as  a  candidate  in  municipal  elections  by  citizens  of  the  Union 
residing  in  a  Member  State  of  which  they  are  not  nationals,  by  reason  of  the 
accession of Bulgaria and Romania OJ L 363 of 20 December 2006, p. 409). 

5.3 

Data Protection 

•  Article 286 of the Treaty establishing the European Community 

•  Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 
2000 on the protection of individuals with regard to the processing of personal data by the 
Community institutions and bodies and on the free movement of such data (OJ L 8 of 12 
January 2001, p. 1). 

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•  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on 
the protection of individuals with regard to the processing of personal data and on the free 
movement of such data OJ L 281 of 23 November 1995, p. 31). 

5.4 

Asylum and immigration 

•  Council  Regulation  (EC)  No  343/2003  of  18  February  2003  establishing  the  criteria  and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an  asylum 
application lodged in one of the Member States by a third-country national (OJ L 50 of 25 
of February 2003, p.1); 

•  Commission  Regulation  (EC)  No  1560/2003  of  2  September  2003  laying  down  detailed 
rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria 
and mechanisms for determining the Member State responsible for examining an asylum 
application lodged in one of the Member States by a third-country national (OJ L 222 of 5 
September 2003, p. 1); 

•  Council  Regulation  (EC)  No  2725/2000  of  11  December  2000  concerning  the 
establishment of 'Eurodac' for the comparison of fingerprints for the effective application 
of the Dublin Convention (OJ L 316 of 15 December 2000, p.1);  

•  Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to 
implement Regulation (EC) No 2725/2000 concerning the establishment of "Eurodac" for 
the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 
62 of 5 March 2002, p. 1); 

•  Regulation  (EC)  No  1987/2006  of  the  European  Parliament  and  of  the  Council  of  20 
December 2006 on the establishment, operation and use of the second generation Schengen 
Information System (SIS II) (OJ L 381 of 28 December 2006, p. 4); 

•  Regulation  (EC)  No  1986/2006  of  the  European  Parliament  and  of  the  Council  of  20 
December 2006 regarding access to the Second Generation Schengen Information System 
(SIS  II)  by  the  services  in  the  Member  States  responsible  for  issuing  vehicle  registration 
certificates (OJ L 381 of 28 December 2006, p. 1); 

•  Regulation (EC) No 862/2007 of the European Parliament  and  of the Council of 11 July 
2007  on  Community  statistics  on  migration  and  international  protection  and  repealing 
Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers 
(OJ L 199 of 31 July 2007, p. 23); 

•  Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for 

residence permits for third-country nationals (OJ L 157 of 15 June 2002, p. 1); 

•  Council  Regulation  (EC)  No  377/2004  of  19  February  2004  on  the  creation  of  an 

immigration liaison officers network (OJ L 64 of 2 of March 2004, p. 1). 

•  Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on 

the expulsion of third country nationals OJ L 149 of 2 June 2001, p. 34); 

EN 

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•  Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 
of the Convention implementing the Schengen Agreement of 14 June 1985 OJ L 187 of 10 
July 2001, p. 45); 

•  Council  Directive  2001/55/EC  of  20  July  2001  on  minimum  standards  for  giving 
temporary protection in the event of a mass influx of displaced persons and on measures 
promoting  a  balance  of  efforts  between  Member  States  in  receiving  such  persons  and 
bearing the consequences thereof OJ L 212 of 7 August 2001, p. 12); 

•  Council  Directive  2002/90/EC  of  28  November  2002  defining  the  facilitation  of 

unauthorised entry, transit and residence OJ L 328 of 5 December 2002, p. 17); 

•  Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the 

reception of asylum seekers OJ L 31 of 6 February 2003, p. 18); 

•  Council Directive  2003/86/EC of 22 September 2003 on the right  to family reunification 

OJ L 251 of 3 October 2003, p. 12); 

•  Council  Directive  2003/109/EC  of  25  November  2003  concerning  the  status  of  third-

country nationals who are long-term residents OJ L 16 of 23 January 2004, p. 44); 

•  Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for 

the purposes of removal by air OJ L 321, 6 December 2003, p. 26); 

•  Council  Directive  2004/81/EC  of  29  April  2004  on  the  residence  permit  issued  to  third-
country  nationals  who  are  victims  of  trafficking  in  human  beings  or  who  have  been  the 
subject  of  an  action  to  facilitate  illegal  immigration,  who  cooperate  with  the  competent 
authorities OJ L 261 of 6 August 2004, p. 3 and 19); 

•  Council  Directive  2004/83/EC  of  29  April  2004  on  minimum  standards  for  the 
qualification  and  status  of  third  country  nationals  or  stateless  persons  as  refugees  or  as 
persons  who  otherwise  need  international  protection  and  the  content  of  the  protection 
granted OJ L 304 of 30 September 2004, p. 2 and 12); 

•  Council  Directive  2004/114/EC  of  13  December  2004  on  the  conditions  of  admission  of 
third-country nationals for the purposes of studies, pupil exchange, unremunerated training 
or voluntary service OJ L 375, 23 December 2004 of p. 12); 

•  Council  Directive  2005/71/EC  of  12 October  2005  on  a  specific  procedure  for  admitting 
third-country  nationals  for  the  purposes  of  scientific  research  OJ  L  289  of  3  November 
2005, p. 15); 

•  Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures 
in Member States for granting and withdrawing refugee status OJ L 326 of 13 December 
2005, p. 13). 

5.5 

Borders and visas 

•  Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 
2006  establishing  a  Community  Code  on  the  rules  governing  the  movement  of  persons 
across borders (Schengen Borders Code) (OJ L 105 of 13 April 2006, p.1); 

EN 

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•  Regulation  (EC)  No  1931/2006  of  the  European  Parliament  and  of  the  Council  of  20 
December 2006 laying down rules on local border traffic at the external land borders of the 
Member States and amending the provisions of the Schengen Convention (OJ L 405 of 30 
December 2006, p.1); 

•  Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for 

visas (OJ L 164, of 14 July 1995, p. 1), amended by: 

•  Council Regulation (EC) No 334/2002 of 18 February 2002 (OJ L 53 of 23 February 2002, 

p. 7); 

•  Council Regulation (EC) NO 539/2001 of 15 March 2001 listing the third countries whose 
nationals  must  be  in  possession  of  visas  when  crossing  the  external  borders  and  those 
whose  nationals  are  exempt  from  that  requirement  (OJ  L  81  of  21  March  2001,  p.  1), 
amended by: 

–  Council  Regulation  (EC)  No  2414/2001  of  7  December  2001  (OJ  L  327  of  12 

December 2001, p.1); 

–  Council  Regulation  (EC)  No  453/2003  of  6  March  2003  (OJ  L  69  of  6  March 

2003, p. 10); 

–  Council Regulation (EC) No 851/2005 of 2 June 2005 (OJ L 141 of 4 June 2005, 

p. 3); 

–  Council  Regulation  (EC)  No  1932/2006  of  2  June  2005  (OJ  L  405  of  30 

December 2006, p. 23); 

•  Council  Regulation  (EC)  No  789/2001  of  24  April  2001  reserving  to  the  Council 
implementing  powers  with  regard  to  certain  detailed  provisions  and  practical  procedures 
for examining visa applications (OJ L 116 of 26 April 2001, p. 2); 

•  Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a 

long-stay visa (OJ L 150 of 6 June 2001, p. 4); 

•  Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms 
for  affixing  the  visa  issued  by  Member  States  to  persons  holding  travel  documents  not 
recognised by the Member State drawing up the form (OJ L 53 of 23 February 2002, p. 4); 

•  Council Regulation No 1030/2002/EC of 13 June 2002 laying down a uniform format for 
residence  permits  for  third-country  nationals  (OJ  L  157  of  15  June  2002,  p.  1)  and 
Commission Decision of 14 August 2002 laying down the technical specifications for the 
uniform format for residence permits for third country nationals (not published); 

•  Council  Regulation  (EC)  No  415/2003  of  27  February  2003  on  the  issue  of  visas  at  the 
border, including the issue of such visas to seamen in transit (OJ L 64 of 7 March 2003, p. 
1); 

•  Council  Regulation  693/2003/EC  of  14  April  2003  establishing  a  specific  Facilitated 
Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the 
Common Consular Instructions and the Common Manual (OJ L 99 of 17 April 2003, p. 8); 

EN 

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•  Council  Regulation  No  694/2003  of  14  April  2003  on  uniform  formats  for  Facilitated 
Transit Documents (FTD and Facilitated Rail Transit Documents (FRTD) provided for in 
Regulation (EC) No 693/2003 (OJ L 99 of 17 April 2003, p. 15). 

•  Council  Directive  2004/82/EC  of  29  April  2004  on  the  obligation  of  carriers  to 

communicate passenger data OJ L 261 of 6 August 2004, p. 4 and 24). 

5.6 

Judicial cooperation in civil matters 

•  Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 

160 of 30 June.2000, p.1); 

–  Council  Regulation  (EC)  No  603/2005  of  12  April  2005  amending  the  lists  of 
insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B 
and C to Regulation (EC) No 1346/2000 on insolvency proceedings (OJ L 100 of 
20 April, 2005, p 1); 

–  Council  Regulation  (EC)  No  694/2006  of  27  April  2006  amending  the  lists  of 
insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B 
and C to Regulation (EC) No 1346/2000 on insolvency proceedings, (OJ L 121 of 
6 May 2006, p. 1); 

–  Council  Regulation  (EC)  No  681/2007  of  13  June  2007  amending  the  lists  of 
insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B 
and C to Regulation (EC) No 1346/2000 on insolvency proceedings (OJ L 159 of 
20 June 2007, p. 1); 

•  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and 
the  recognition  and  enforcement  of  judgments  in  matrimonial  matters  and  the  matters  of 
parental  responsibility,  repealing  Regulation  (EC)  No  1347/2000  (OJ  L  338  of  23 
December 2003, p. 1); 

•  Council  Regulation  (EC)  No  2116/2004  of  2 December  2004  amending  Regulation  (EC) 
No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments 
in  matrimonial  matters  and  the  matters  of  parental  responsibility,  repealing  Regulation 
(EC)  No  1347/2000,  as  regards  treaties  with  the  Holy  See  (OJ  L  367  of  14  December 
.2004, p. 1); 

•  Council  Regulation  (EC)  No  1348/2000  of  29  May  2000  on  the  service  in  the  Member 
States of judicial and extrajudicial documents in civil and commercial matters (OJ L 160 of 
30 June 2000, p.37); 

•  Council  Regulation  (EC)  No  44/2001  of  22  December  2000  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters (OJ L 012 of 16 
January 2001, p.1); 

–  Corrigendum  to  Council  Regulation  (EC)  No  44/2001  of  22  December  2000  on 
jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and 
commercial matters (OJ L 307 of 24 November 2001, p. 28); 

EN 

279 

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–  Commission Regulation (EC) No 1496/2002 of 21 August 2002 amending Annex 
I (the rules of jurisdiction referred to in Article 3(2) and Article 4(2)) and Annex 
II  (the  list  of  competent  courts  and  authorities)  to  Council  Regulation  (EC)  No 
44/2001  on  jurisdiction  and  the  recognition  and  enforcement  of  judgements  in 
civil and commercial matters (OJ L 225 of 22 August 2002, p. 13); 

–  Commission  Regulation  (EC)  No 1937/2004  of  9  November  2004  amending 
Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction 
and the recognition and enforcement of judgments in civil and commercial matters 
(OJ L 334 of 10 November 2004, p. 3); 

–  Commission  Regulation  (EC)  No  2245/2004  of  27  December  2004  amending 
Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction 
and the recognition and enforcement of judgments in civil and commercial matters 
(OJ L 381 of 28December 2004, p. 10); 

•  Council  Regulation  (EC)  No  1206/2001  of  28  May  2001  on  cooperation  between  the 
courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 
174 of 27 June 2001, p. 1); 

•  Council Regulation (EC) NO 743/2002 of 25 April 2002 establishing a general Community 
framework  of  activities  to  facilitate  the  implementation  of  judicial  cooperation  in  civil 
matters (OJ L 115 of 1 May 2002 p. 1); 

•  Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 
2004 creating a European Enforcement Order for uncontested claims (OJ L 143 of 30 April 
2004, p.15); 

–  Commission Regulation (EC) No 1869/2005 of 16 November 2005 replacing the 
Annexes to Regulation (EC) N° 805/2004 of the European Parliament and of the 
Council creating a European Enforcement Order for uncontested claims (OJ L 300 
of 17 November 2005, p. 6); 

•  Regulation  (EC)  establishing  a  European  payment  order  procedure  No  1896/2006  of  12 

December 2006 (OJ L 399 of 30 December 2006, p.1); 

•  Regulation (EC) No 861/2007 of the European Parliament  and  of the Council of 11 July 
2007 establishing a European Small Claims Procedure (OJ L 199 of 31 July 2007, p. 1); 

•  Regulation (EC) No 864/2007 of the European Parliament and of  the  Council of 11 July 
2007 on the law applicable to non-contractual obligations (Rome II) (OJ L 199 of 31 July 
2007, p. 40). 

•  Council  Directive  2002/8/EC  of  27  January  2003  to  improve  access  to  justice  in  cross-
border  disputes  by  establishing  minimum  common  rules  relating  to  legal  aid  for  such 
disputes OJ L 26 of 31 January 2003, p. 41); 

•  Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims 

OJ L 261 of 6 August 2004, p. 2 and 15). 

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5.7 

Free movement of persons 

•  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on 
the  right  of  citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely 
within  the  territory  of  the  Member  States  amending  Regulation  (EEC)  No  1612/68  and 
repealing  Directives  64/221/EEC,  68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC, 
75/35/EEC,  90/364/EEC,  90/365/EEC  and  93/96/EEC  (Text  with  EEA  relevance)  (OJ  L 
158 of 30 April 2004, p. 77). 

5.8 

Security 

Directive 2006/24/EC  of  the  European  Parliament  and  of  the  Council  of  15  March  2006  on 
the  retention  of  data  generated  or  processed  in  connection  with  the  provision  of  publicly 
available  electronic  communications  services  or  of  public  communications  networks  and 
amending Directive 2002/58/EC OJ L 105 of 13 April 2006, p. 54) 

JLS acquis 

A  comprehensive  list  of  JLS  acquis  in  force  is  publicly  available  on  the  JLS  EUROPA 
website :  http://ec.europa.eu/justice_home/doc_centre/intro/doc_intro_en.htm 

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