Source: EURLEX
Language: en
Format: md

##### **COMVIISSION OF THE EUROPEAN COMVIUNITIES**

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                            C0M(91) 237 final

                            Brussels, 19 June 1991

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**SIXTH REPORT OF THE COMMISSION**

**TO THE COUNCIL AND THE EUROPEAN PARLIAMENT**

**concerning the implementation of the White Paper**

**on the Completion of the Internal Market**

TABLE OF CONTENTS

INTRODUCTION 1

PART I : THE OVERALL PICTURE 1

I. General progress 2

II. The general situation 3
The Commission 3

The Council 4

The Parliament 7

III. Horizontal measures 8

**- o - o - o - o - o -**

PART II : PROGRESS ON THE WHITE PAPER PROGRAMME 11

I. The abolition of physical frontiers 11
1. Controls on goods 11
2. Controls on persons 14

II. Removal of technical frontiers 15

1. Technical harmonization and standards 15
(a) the new approach 15
(b) sectoral approximation of laws 16
2. Opening up of public procurement 18
3. Free movement of workers 18

4. Services 19
(a) financial services 19
(b) transport 20
(c) new technologies 21
5. Capital movements 21
6. Creating a propitious environment for business cooperation 21
(a) company law and taxation 21
(b) industrial and intellectual property 22

III. The removal of tax barriers 23

**- 0 - 0 - 0 - 0 - 0 - 0 -**

Annexes

INTRODUCTION

1. The Community institutions have been striving since June 1985 to implement
a legislative programme designed to complete an area without internal frontiers; this
programme, which was published as part of a White Paper, provides a yardstick
against which to measure progress made towards completion of that area in
accordance with the Single Act and, in particular, Article 8a of the Treaty.

2. It is now more than one year since the remaining proposals required by that
programme to permit the final legislation to be adopted in time for it to be
implemented by the Member States by 31 December 1992 were submitted to Council
and the European Parliament. The Commission is endeavouring to keep to the
timetable by seeking appropriate compromises that are compatible with the objective
in view.

3. The European Council's continuing support and guidance on the most
difficult issues have maintained the political pressure on the Council and the
Member States and have contributed greatly to the current results which, as the
Commission indicated in its previous report, are convincing political and economic
circles of the irreversibility of the process by which the frontier free area is taking
shape. This support was last expressed at the European Council meeting in Rome,
where the European Council undertook to do everything necessary to ensure that the
1 January 1993 deadline was met.

4. The Commission continues to review regularly progress towards implementing
the White Paper in order both to meet the demand for information from business
circles, citizens and the Community's external partners and to pinpoint areas where
lack of progress might compromise the 1992 objective so as to alert the different
political authorities.

5. This is the sixth annual report; as in the case of the previous report, it not
only takes stock of the decision making process but also covers problems involved in
implementing Community legislation at national and Community levels. The annexes
therefore now set out not only a list of proposals adopted by, or pending before, the
Council but also the progress made by the Member States in transposing each
measure and in implementing Court judgments.

6. The Commission has already given an account of the progress being made in
the report it presented to the Council last November under Article 8b of the Treaty.
The present report will restrict itself, on many points, to expanding on the Article 8b
report since work has barely progressed since publication of that report. The level of
decision taking, which stood at nearly 70% in December, should exceed 75% by the
end of the first half of this year.

7. Although this report is confined strictly to the single market, it should also be
borne in mind that the process of completing the single market cannot be dissociated
from the five other objectives of the Single Act: economic and social cohesion,
social policy, the environment, research policy and the strenghtening of economic
and monetary cooperation.

1 COM(85)310.
2 COM(90)552.

**PART I : THE OVERALL PICTURE**

**I.** GENERAL PROGRESS

8. Although work is continuing apace, particularly in the area of free movement
for individuals, progress has been very limited since the last report; while there is
reason to think that major decisions needed to finalize work will be taken in the
months ahead, there are certainly no guarantees that all the decisions will in fact be
taken, and this for the following reasons:

in the area of taxation, the political orientations established in 1990 and the
progress achieved in the first six months of 1991 allow one to suppose that
the Council's work will result in the adoption of the main legal acts once the
opinion of Parliament is available. It must be emphasised in this context how
important it is, as much for the taxation authorities as for the economic
operator, to have these texts at their disposal as soon as possible this year.
One of the measures already taken concerns the raising of duty paid
allowances.

as to the free movement of individuals, the following progress has been made:

(i) signing by Denmark of the Dublin Convention of June 1990
determining the Member State responsible for examining applications
for asylum, which has now been signed by all Member States;

(ii) arrangements drawn up by the TREVI Group for cooperation
between police forces;

(iii) adoption by the Council of a common position on the directive on the
acquisition and possession of weapons.

(iv) convergence of immigration policies through the definition of
politicial orientations on the entry procedures for immigrants and the
coordination of national admission policies.

However, the convention on crossing external borders, which constitutes the
key element, has still not been signed despite the repeatedly stated wishes of
the European Council. The main difficulty lies in the interpretation of
Article 8a; a clear interpretation of this provision, as requested by the
European Council, is made of all the more necessary to ensure its full
effectiveness by the fact that the extension of the Schengen Agreement to
Spain and Portugal demonstrates the Member States' capacity to agree to a
solution to problems once there is political agreement on the objective to be
pursued.

With regard to cooperation between firms, no progress has been made on the
creation of a Community trade mark or on the consolidation of company
losses or, finally, on mergers between companies from different
Member States. While work has continued steadily on the European company,
which has high political priority, and has begun on withholding taxes on
interest payments and royalties, progress is delayed in Parliament on
international mergers and, at Council level, on investment services.

In the case of freedom of establishment, the completion of work aimed at
facilitating mobility still depends on the extension of recognition of
qualifications to all regulated professions and on the reform of the
arrangements under which workers and their families obtain the right of
residence.

**In the services field, the main problem lies in extending the right to supply**
**services to the investment field and to sea, inland waterway and road**
**passenger transport.**

**9.** **In its Article 8b report, the Commission set out for the Council a tentative**
**programme of work for matters which it considers should be given priority in 1991.**
**While, over the past 12 months, the pace of work has been such that the proportion**
**of proposals adopted has risen from 50% to 66%, only eleven new measures have**
**been adopted by the Council since the Article 8b report appeared in November 1990.**
**This leaves 89 proposals from the White Paper programme still on the table.**

**10.** **This situation can be attributed to four factors:**

**Firstly, there have been regrettable delays with certain proposals before**
**Parliament up to the June session; while these delays concerned only**
**35 proposals, they were generally matters on which Council agreement could**
**have been rapidly reached, and these delays in Parliament have** **therefore**
**affected organization of the Council's work and the periods allowed for**
**transposition in Member States.**

**Secondly, the dispersion of proposals among the various Council bodies is**
**leading to** **an** **unbalanced distribution of work between those different bodies,**
**and in particular to a dilution of the political pressure from the European**
**Council. It should be noted that the Internal Market Council has cancelled**
**two of its meetings whilst at the same time other bodies of the Council were**
**not in a position to make progress on dossiers within their field of**
**responsibility.**

**In the area of transport taxation, political agreement is likely to be reached**
**within the timescale set by the European Council on only one aspect, the**
**level of excise duty on diesel fuel. Elsewhere little progress has been made.**

**Finally, a number of issues depend on key political decisions being taken in**
**the Member States in such fields as transport, worker participation and the**
**location of the Trade Mark Office.**

**11.** **The Commission is currently examining with the Member States the**
**contribution which implementation of Article 100b of the Treaty might make: this**
**Article permits the Council, during the course of 1992, to recognize as being**
**equivalent national rules which have not been harmonized according to Treaty**
**procedures. With a view to drawing up the list required of it, the Commission is**
**making enquiries among the Member States, which should enable it to put forward**
**the necessary proposals.**

**11.** **THE GENERAL SITUATION**

**The Commission**

**12.** **The Commission has exercised its power of initiative to the full.** **All the**
**proposals arising from the White Paper have been presented: between 1985 and 1990,**
**196 proposals were transmitted to the Council and Parliament to add to the**
**86 proposals already before the Council. New proposals put forward from now on**
**will be aimed at extending legislation already adopted (public procurement,**
**insurance, etc.) or at administering basic legislation (air transport, technical**
**legislation, etc.).**

**13.** **As pointed out in the previous reports, the Commission's attention will now**
**focus on administering existing Community legislation; this presupposes that**
**implementing laws are adopted to give full effect to the basic proposals adopted by**
**the Council, that the organizational measures necessary for such administration are**
**taken and, finally, that accompanying measures are adopted which will guarantee**
**balanced implementation of the measures relating to freedom of movement:**

**The implementing legislation is concentrated mainly in the animal health,**
**plant health and foodstuffs fields:**

**(i)** **In the veterinary sector, the Commission has adopted more than**
**100 implementing measures under the powers devolved to it by the**
**Council; these measures relate both to the new strategy regarding**
**supervision (including the necessary financial decisions) and to the**
**administration of the basic directives.**

**(ii)** **In the phytosanitary sector, none of the application measures has been**
**taken - except in the area of animal feedstuffs - due to the absence**
**of full decisions of the Council on the "framework" provisions.**

**(iii)** **In the foodstuffs field, implementing measures have to be taken on**
**the basis of the** **"framework"** **directives adopted by the Council. These**
**implementing measures are part of the normal process in the case of**
**additives:** **a proposal concerning sweeteners is already before the**
**Council; it will be followed, before the end of the year, by another**
**proposal concerning colorants, which will cancel the pending proposal**
**for an 8th Directive.** **Other proposals on preservatives, antioxidants**
**and the other additives will follow.** **Commission implementing**
**measures relating to materials coming into contact with food and to**
**dietary foods are currently being prepared.**

**Organizational measures are necessary to enable the Commission to fulfil its**
**administrative responsibilities, which require both a high level of technical**
**expertise and a capacity to react rapidly to requests for products to be**
**authorized or to health problems which, without that capacity to react, could**
**lead to decisions being taken at national level that would prejudice freedom**
**of movement.** **Such organizational measures have been proposed for the**
**following fields:**

**(i)** **the Commission has suggested that a medicines agency be set up**
**which, while not intruding on the public authorities' powers to**
**authorize** **medicines,** **would** **pool** **scientific** **capacity** **in** **the**
**Member States and guarantee European industry a rapid appraisal of**
**products;**

**(ii)** **in the foodstuffs field, the Commission has put forward proposals for**
**reinforcing the structure of the Scientific Committee for Food and**
**cooperation** **between** **the** **various** **competent** **bodies** **in** **the**
**Member States;**

**(iii)** **in the veterinary and plant health fields, the Commission has given**
**the necessary undertakings to increase substantially the staffing**
**resources required for the inspection tasks which it has to carry out to**
**ensure that legislation adopted is properly implemented.**

**Back-up measures have been adopted or proposed to ensure that the frontier**
**free Europe functions smoothly and thus to guarantee freedom of movement:**
**these measures mainly involve fields connected with the abolition of frontier**

**checks (steps to combat trafficking in drugs and precursors, data protection,**
**transport policy, etc.).**

**14.** **Responsibility for administering Community legislation includes monitoring**
**implementation by Member States.** **This responsibility is exercised through the**
**formal procedures laid down in the Treaty, and it should be noted in this regard that**
**the Commission adopted internal measures in 1990 to ensure that infringement**
**proceedings could be instituted rapidly.** **However, the challenge of 1992, the**
**comprehensiveness and balance of the White Paper programme and the speeding up**
**of decision making all justify the steps taken to politicize monitoring of the**
**transposition process based on complete transparency of the situation in each**
**Member State.**

**The results of this action can be viewed positively since the level of transposition**
**increased from 69% in December 1990 to more than 73% in May 1991, and this**
**despite the entry into force of 20 new instruments. Each country's awareness of its**
**responsibilities is** **demonstrated** **by the fact that countries such as France and in**
**particular Greece have stepped up their rate of transposition (as Portugal had done in**
**1990),** **with the result that the responsibility for the delay now lies entirely with Italy**
**which has adopted barely more than half of the national measures; countries such as**
**the Netherlands, Luxembourg, Ireland and Spain have been unable to keep up the**
**necessary rate of transposition.** **Implementation of Court judgments has itself**
**considerably improved over the last twelve months, since 26 judgments are currently**
**the subject of actions brought for failure to act, as opposed to 43 a year ago, this**
**due to steps taken by Italy to regularize the position in twelve cases. Only three new**
**actions have been brought over this same period. These failures to act involve only**
**four Member States: Greece (3), Germany (4), Belgium (4) and Italy (15).**

**15.** **But the implementation of measures goes beyond transposition alone. It is**
**also dependent on (i) sound training for the national authorities which will have to**
**administer the same rules in a convergent fashion, (ii) on information programmes**
**aimed at making firms and citizens aware of their new rights and (iii) on appropriate**
**information exchange mechanisms:**

**The training measures are based mainly on programmes for the exchange of**
**officials between national authorities but they may also include measures**
**aimed at training administrations in the application of Community rules;**
**programmes** **are** **now** **in** **progress** **in** **the** **customs** **field**
**(MATTHAEUS programme) and in the animal health sphere.**

**Responsibility for the information programmes lies primarily with the**
**Member States and trade organizations;** **however, the particular needs of**
**SMEs and the single market's special impact in certain industrial sectors**
**justify a specific effort by the Commission; the Council already has on its**
**table a proposal for a decision to reinforce these actions of information in the**
**enterprise policy of the Community.**

**Cooperation between national authorities and between those authorities and**
**the Commission will be one of the factors dictating whether or not**
**Community obligations are properly met; the Commission is therefore**
**examining the possibility of making available** **to** **Member States cooperation**
**structures and information exchange infrastructures. It was with this in mind**
**that it announced, in its action programme on trans European** **networks,** **a**
**communication on this specific theme with the aim of identifying needs,**

**COM(90)585 of 10 December 1990.**

available resources and possible technical solutions. Provision is now made for
such cooperation in customs and agricultural regulations.

The Council

16. The Council's workload has diminished considerably since the last report owing
to the steady progress made in 1990. However, since the publication of the
Article 8b report in November, which gave an indication of priorities on the basis of
the measures which were vital for implementing the Single Act, too few decisions
have been taken (11) and none of the tentative deadlines set out in that programme
have been met. The Council's capacity to meet these deadlines will in fact depend
on the outcome of the meetings in June on such matters as indirect taxation,
recognition of qualifications, insurance, public procurement, free movement of
individuals and company law. By the end of the first half of this year, the Council
should have taken decisions in respect of some 75% of the White Paper programme.

17. The 89 dossiers pending are distributed as follows:

- "internal market" Council: 26

"economic and financial affairs" Council: 28

- "agriculture" Council: 28
"transport" Council: 5
"environment" Council: 1

"social affairs" Council: 1

18. The diagnosis established in the 8B report has developed positively since
progress has been made in defining the VAT and excise duty regime arising from the
abolition of internal border controls; but this progress has not yet permitted the
Council to adopt the necessary legal acts and the opinion of Parliament is still
awaited. Work in the animal and plant health fields can also be judged to have
reached the point of no return, even though 28 proposals have still to be adopted,
some of which are still before Parliament.

19. Apart from these positive aspects, however, many issues are still blocked and
require new impetus:

In the area of the free circulation of persons, the state of the work is
described in points 44 and after. In addition it should be noted that the free
circulation of persons also requires the abolition of the present regime of duty
free allowances as well as the liberalisation of passenger transport and
temporary importation of vehicles. None of these files is progressing
satisfactorily.

In the industrial and intellectual property field, the adoption of the proposal
for a directive on the protection of computer software and the progress made
on the protection of biotechnology products must not be allowed to conceal
the continuing disagreement on the Community trade mark due to the
problems of the location of the office and working languages; in addition,
the entry into force of the Community Patent Convention still depends on its
ratification by Member States.

Despite the progress made in the transport field on air transport, no decisions
have been taken to ensure freedom to supply services in respect of shipping,
inland waterway transport and road passenger transport.

In the financial services field, work has not started on the proposal for a
Regulation on guarantees issued by credit institutions or insurance

undertakings, although an amended proposal has been presented in the light
of Parliament's opinion.

In the area of direct taxation, the Council has immediately begun the study of
the proposal which aims to abolish the tax on interest payments and royalties
retained at source, but to succeed in finally adopting the two Commission
proposals of 1989 before the end of 1991, a sustained effort by the Council
will be necessary.

In the company law sphere, a positive decision on the proposal for a
fifth Directive depends partly on the outcome of the work on the European
company, and more particularly on the provisions relating to the position of
employees in it.

20. In conclusion, the Commission is maintaining the procedural proposals it put
forward in the Article 8b report, namely:

to give the Internal Market Council the right to raise matters with which
other Council bodies are unable to deal through lack of time;

to take new steps to guarantee that deadlines are met, including the
organization of work at the various Council levels so as to ensure that priority
is given to matters connected with attainment of the 1992 objective.

Parliament

21. The situation in Parliament no longer constitutes a major obstacle to progress
in the Council; the number of proposals pending before the Parliament has never
been as low (35), although up to the June session, this represented almost half of the
proposals pending. This situation resulted notably from the artificial regrouping of
certain files by certain parliamentary committees; it is a fact that this method of
work has affected the work of the Council and, in the veterinary sector, the adoption
by the Commission of application measures necessary for the entry into force of
these acts before the deadline of 1993.

22. As the Commission has already pointed out in its fifth report, Parliament's
position becomes increasingly difficult as work concentrates on fields requiring
unanimity, and particularly on matters covered within the framework of
intergovernmental cooperation.

As the Commission stated in the Article 8b report, the cooperation procedure
has functioned satisfactorily; despite figures showing that the Council has
adopted only 32% of the amendments put forward by Parliament, it is a fact
that in many fields, such as public works contracts and public services,
machine safety, and insurance, Parliament has directly influenced the content
of directives, in particular by taking account of their social dimension.

In fields requiring unanimity, Parliament has been able, under the
consultation procedure, to use its powers to take account of the direction of
work in the Council when formulating its opinions; this is particularly true
of indirect taxation. In those spheres regarded by Member States as coming
within the framework of intergovernmental cooperation (TREVI group,
RHODES group), the Commission has sought to introduce a specific
procedure for providing Parliament with information at the end of each
presidency. While this procedure, which was introduced in June 1990 by the
Irish Presidency, has not achieved the degree of interinstitutional cooperation
provided for in the Treaty in the Community legislative process, it

nevertheless provides a means of keeping Parliament regularly informed of
the state of progress.

III. HORIZONTAL MEASURES

23. Completing the single market also depends on the implementation of
initiatives and policies to accompany the abolition of frontier checks and to provide
support for the integration of national economies.

24. Economic and social cohesion: following the adoption of the Community
Support Frameworks in 1990, the Commission launched a series of twelve new
initiatives, which will help the less developed regions to respond to the challenges of
the single market. Particularly worthy of mention, in this context, are :

(i) the INTERREG programme, which will help economic actors in border
regions to develop projects on a trans-frontier basis;

(ii) the STRIDE programme, which will strengthen the capacities of the regions
in research, technology and innovation;

(iii) the PRISMA programme, which will help the development of certification
and testing procedures and technical assistance for firms in the regions;

(iv) the TELEMATIQUE programme which will promote the use of advanced
telecommunication services and

(v) the EUROFORM programme, which will promote transnational networks for
vocational training.

25. The social dimension : during the past 12 months, the Commission has
actively pursued its work to implement the Community Charter of fundamental
social rights for workers. In this aim it has adopted more than half of the initiatives
foreseen in this programme; the rest of the legislative proposals will be presented
before the end of the year. Among the texts presented this year, the most
significant concern, for example, the health and safety of workers, atypical work, the
organisation of work, the protection of pregnant women at work as well as the
information and consultation of workers in companies of a European dimension.
The Council has, for its part, adopted 5 measures in the area of health and safety at
work. The Commission hopes that decisions will be able to be taken at the
forthcoming meetings of the Council on the other measures on which, for the
moment, the progress which has been made does not live up to the expectations
raised by the adoption, by 11 Member States, of the Community Charter for the
Social Rights of Workers.

26. Competition policy: it has a growing importance in the framework of the
completion of the Internal Market of 1992. It will not be possible to take full
advantage of this market in terms of growth in production and the improvement of
growth in employment unless competition intensifies thanks to the progressive
abolition of artificial obstacles to trade which still exist. It is precisely in the areas
where trade between Member States is less developed that the resolute application of
a competition policy can bear the most fruit.

According to a recent decision by the European Court of Justice ( 4 ), this objective
is in fact clearly confirmed by Articles 2 and 3 of the Treaty which aim at the
creation of a market where goods circulate freely with no distorsion of conditions of

See ECJ, Decision of 19.03.1991, France/Commission, para. 41.

competition. Article 30 and subsequent Articles must therefore be interpreted in the
light of this principle which implies that the competition aspect of Article 3f of the
Treaty must be taken into consideration.

The entry into force of the regulation on mergers in September 1990 completes the
range of instruments enabling the Commission to prevent commercial behaviour or
structural modifications from holding up the process of market integration.

As for the regulated sectors, notably those consisting of public sector undertakings or
those benefiting from exclusive rights, the Commission is especially requested to
ensure on the one hand that the granting of these rights is compatible with the
Treaty (5) and, on the other, that Member States neither enact nor continue with
measures which are incompatible with the conditions of the Treaty in this respect,
notably those concerning competition. While recognising that one must take account
of the need to provide services of general economic interest, the Commission believes
that this should be done with the fewest possible restrictions placed on competition.

The Commission consequently decided itself against an agreement between electricity
producers and distributors and also against their abuse of a dominant position. The
Commission has also decided to open proceedings against Member States holding
exclusive import and export rights for electricity and gas.

In addition to the public sector - gas, electricity, telecommunications and postal
services - the Commission is also examining other markets where there are
restrictions on competition between Member States. This applies especially to the
transport sector (air and sea), banking and insurance.

27. Environmental protection: As well as removing obstacles to trade, technical
legislation measures must also meet certain political objectives, predominant among
which is the need to protect the environment, particularly in the transport field and
in the chemical industry. All Commission proposals are based on a high level of
protection, which has made it possible to avoid recourse to Article 100A(4). But the
Commission has been anxious to enable those Member States which wish to proceed
more quickly in raising their standards to do so within certain limits:

Member States are authorized to introduce economic and tax incentives in
anticipation of the entry into force of a common rule; this means that
products which comply with the rules in force will continue to be authorized
but that, during the period between the adoption of the new rule and its
entry into force, the marketing of products complying with this new rule will
be encouraged;

The Commission now intends, in its proposals, to establish not only a
mandatory standard (as has been the case until now) but also a "target"
standard which Member States may encourage by means of fiscal incentives,
provided that it does not affect freedom of movement, and which will also
give the Community and industry the prospect of the mandatory standard
changing.

28. Trans European networks: In December, the Commission transmitted to the
Council its action programme designed to give the Community the instruments
necessary for the completion of trans European networks, such as the regular
preparation of network master plans, a "European label" mechanism to enable
promoters of infrastructure projects to mobilize private funding, the development of
standardization programmes to ensure compatibility and interoperability of networks
and, finally, the setting up of a "think tank" on the development of transport,

See the above-mentioned Decision, para. 22.

10

telecommunications and energy networks in the Community and in Europe generally.
This programme identifies the projects to be given priority which are vital for the
operation of the internal market, for example telematic networks for the transmission
and exchange of data between administrations.

29. Energy: A first group of directives concerning th transparency of electricity
and gas prices for private and industrial users (90/377/EEC) was adopted in 1990
and should enter into force on 1.7.91; the directive on the transit of natural gas,
adopted on 31.5.91, should for its part, enter into force on 1.1.92. In parallel, the
Commission has developed the application, in this area, of Community law and has
decided, in this context, to start infringement procedures against certain Member
States which maintain monopolies of import and exports of electricity and gas on
their territories.

**11**

**PART II : PROGRESS ON THE WHITE PAPER PROGRAMME**

30. The progress made in implementing the White Paper is assessed in terms of
the decision making process and Member States' application of decisions.

I. THE ABOLITION OF PHYSICAL FRONTIERS

31. As the Commission indicated in Its Article 8b report, it is in the area of the
abolition of physical frontiers that the credibility of the aim pursued to complete the
internal market as defined in Article 8a of the Treaty is not assured because basic
decisions have still to be taken regarding goods and because there are still
fundamental disagreements regarding the free movement of persons.

1. Controls on goods

32. Despite the political determination to press ahead with the abolition of
controls and formalities at intra-Community frontiers, basic decisions have still to be
taken to ensure that tax frontiers are dismantled. Progress to date has been limited
mainly to the abolition of customs checks and animal and plant health controls. In
other fields, such as controls on exports or on the importation of certain special
products (e.g. agricultural products, waste), much progress has still to be made,
although, as the Commission has always pointed out, as soon as the abolition of the
single administrative document is put into effect, specific controls will no longer be
possible owing to the disappearance of the administrative support for such controls.

33. ' Customs formalities: Work in this field can be regarded as having been
completed: the abolition of the transit arrangements and the single administrative
document in intra Community trade, which will come into force on 1 January 1993,
is an established fact and foreshadows the decisions to be taken regarding indirect
taxation. The Commission sees these two measures as signalling the political will to
abolish frontier checks and formalities and thus as triggering the necessary gradual
redeployment of the infrastructures and staff assigned to such checks and formalities.

34. The implementation of these measures is not problematic because of the
direct applicability of the legislation adopted, which does not therefore necessitate
transposition measures. The abolition, in intra Community trade, of the transit
advice note, which had hitherto to be produced at customs offices for products
moving under the transit arrangements, came into force in this way in July 1990.

35. Veterinary and plant health controls: Work has barely progressed since the
Article 8b report was drawn up, mainly because of the situation in Parliament.
Admittedly, 53 measures have been adopted, including two directives which, by
switching controls to the place of production or to the place of destination, will pave
the way for the abolition of frontier checks and the approval of plant protection
products. However, in order to establish the basic operating principle of the internal
market (namely recognition of controls in the country of origin) and thus to give
Member States of destination every guarantee, it will be necessary for the Council to
complete its work programme and to adopt the 28 proposals which are still on the
table and which cover the following main fields:

the Community regime for the approval of phytopharmaceutical products;

intra-Community trade and imports from third countries in respect of the
few products of animal origin and the few animals which have not yet been
covered;

the production and marketing rules which constitute the bulk of the
programme for ensuring recognition of controls in the country of origin;

12

control arrangements, particularly for live animals from third countries;

the conditions under which live animals are transported;

the extension of the Community arrangements for the movement of vegetables
and vegetable products to national trade and the parallel simplification of
those arrangements;

the arrangements for controls at the place of production and the arrangements
applicable to products from third countries;

the rules governing the marketing of certain propagating material.

36. A total of 35 Directives necessitating national transposition measures have
come into force; more than 78% of the national measures have been adopted. Delays
have occurred principally in Italy, Belgium, Greece, Ireland and the Netherlands.
Generally speaking, there are no major delays in the plant health field; in the animal
health sphere, by contrast, there are transposition delays which, in the current
situation and in view of the amount of legislation which has still to come into force,
can only grow worse if the authorities in the Member States concerned fail to assume
their responsibilities.

37. Controls resulting from commercial policy measures: The abolition of the
controls linked to the application of Article 115 EEC or Article 74(3) ECSC has
progressed satisfactorily on the basis of the industrial analyses carried out in 1989
and the flanking policies which have been introduced in some sectors, such as cars,
electronics and footwear: in parallel with the negotiations in progress, the
Commission is currently establishing a series of internal provisions in the automobile
sector. As a result of this action, reliance on Article 71(3) ECSC has ended, except in
the case of Spain and Portugal, and the number of surveillance measures has fallen
from 1 300 in 1987 to 185 in 1991. Protective measures declined from 157 in 1987
to 112 in 1990, such measures now being confined to the following products: textiles,
cars, motorcycles and electronic products (car radios and colour television sets). For
each of these products, the Commission has adopted flanking measures for abolishing
authorizations under Article 115. This action has considerably reduced recourse to
this Article, particularly for footwear, toys, umbrellas, ball bearings and sewing
machines.

38. In the case of the only agricultural product which is the subject of measures
under Article 115, namely bananas, the Commission's departments are in the process
of drawing up guidelines for Community import arrangements that are designed to
replace the national measures currently in force, subject to compliance with
international obligations arising from the GATT and the Lomé Convention. The
definition of these new arrangements will entail internal back-up measures to
improve the competitiveness of Community production.

39. Controls on transport: Following adoption of the Regulation abolishing
frontier vehicle checks and opening up road haulage markets, the only general
controls still applicable to vehicles are those which result from the taxation of diesel
fuel and which necessitate checks on the amount of fuel in the tanks of lorries and,
to a lesser extent, in those of coaches. Specific checks are carried out on the
transport of waste, justifying the Commission's proposal which is designed, as part of
the general policy on waste management, to subject the transport of waste throughout
Community territory to strict rules. The Commission has also proposed the abolition
of certain checks on vehicles and documents involved in transporting dangerous
products and perishable foodstuffs, which is governed by international agreements.

13

40. Export controls: The abolition of internal frontier controls will call into
question the arrangements established at national level for controlling exports of
sensitive products and technologies and for protecting national treasures:

The sensitive nature of certain products or technologies derives from the dual
use - civil and military - which can be made of them. The controls applied
pursuant to the COCOM rules or to national external policy measures are also
applied in intraCommunity trade. A satisfactory basis for cooperation
between the Member States and. the Commission has now been established,
which should mean that solutions are rapidly found to all of these problems;
the Commission itself has clearly established the guidelines: out of concern
for pragmatism its objective is for the moment to uniform control procedures
by reserving the possibility, in future, to take initiatives at one and the same
time on the lists and on the destinations of the products concerned. The
technical complexities involved here, the impact of a turbulent international
environment in this area and the links between these measures and the
Member States' external policies explain the difficulties of the work.
However, the momentum which is developing on the margins of the
intergovernmental conference on political union in respect of exports of
weapons and non-proliferation should facilitate an agreement on the
treatment of dual use products.

In the case of national treasures, work has proceeded in a positive manner in
recent months. Taking into account the concern expressed by certain
Member States regarding the protection of their national treasures, the
Council and the Ministers for Culture last November identified the following
three areas of work:

(i) the establishment of cooperation between Member States and the
Commission;

(ii) the harmonization of controls on exports to non-member countries;

(iii) a system for the return of cultural assets illegally exported to another
Member State.

Over the next few weeks, the Commission is to present specific proposals in
the last two of these fields.

41. Collection of statistics: Progress is continuing to be made in the Council
towards a common position on the new arrangements for collecting statistics
following abolition of statistical returns at intra Community frontiers; it is expected
that a common position will be agreed within the next few weeks and that these new
arrangements will be adopted before the end of 1991. The Commission has
amended its initial proposal in order to take account, during the transitional period
for the indirect taxation arrangements, of taxation in the country of destination and
to focus on alleviating the burdens borne by firms of statistical collection.

42. Controls on agricultural products: The operation of the common agricultural
policy necessitates a series of controls and formalities at frontiers. Those which
affect all agricultural products stem from the monetary compensatory amounts
(MCAs). These MCAs are already no longer applied between Member States
observing the 2.25% margins of fluctuation under the European Monetary System.
The Commission intends to put forward the necessary proposals for their total
abolition at the beginning of 1992. Other controls are made necessary by the rules
governing the common organization of the markets in certain products (milk, cereals,
refined sugar). Appropriate measures will be taken as the current Regulations
expire. Finally, the Commission will act on certain formalities and controls applied

14

in connection with the Accession Treaties which justify the initiatives of the
Commission before the end of the year. Furthermore, the Commission reserves the
right to make the necessary proposals to avoid recourse to Article 46.

43. Other controls: The Commission has held discussions with the Member States
with a view to drawing up a list of all controls carried out at frontiers; these
inquiries have revealed many different controls in addition to those hitherto
identified by the Commission. These are controls which, in some cases, stem from
administrative or even historical tradition in each of the countries. Discussions are
continuing with Member States with the aim of assessing to what extent these
controls are compatible with the Treaty and how they might be carried out within
the countries in question.

2. Controls on persons

44. Intergovernmental cooperation resulted in signature in June 1990, by
11 Member States, of the Convention determining the State responsible for examining
an application for asylum; signature by Denmark on 13 June 1991 paves the way for
ratification of the Convention.

45. Efforts have subsequently focused on drawing up an intergovernmental
convention laying down the rules governing the crossing of the Community's external
frontiers. Despite substantial progress, which reflects definite political willingness on
the part of most Member States, differences of opinion persist on the inclusion,
under certain conditions, of ports and airports in the scope of the convention. The
vast majority of Member States and the Commission have come out clearly in favour
of a text that will genuinely contribute to the establishment of an area without
internal frontiers, regardless of the means of transport used and the traveller's
nationality. As far as the substance is concerned, the central problem hinges on how
Article 8a of the Treaty should be interpreted. The Commission intends to have this
point clarified as quickly as possible and is proposing that work be organized even
more efficiently than at present: the setting up of the Rhodes group has made it
possible to overcome conflicts of responsibility between the different administrations
and to prepare ministerial discussions more thoroughly; this group should now be
accorded genuine negotiating powers along the lines of the structures which
generated the Schengen Agreement. Accession to that Agreement by Spain and
Portugal enables it to serve as an example for the abolition of frontier controls
throughout the Community.

46. Progress has been made within the other bodies involved in work on
dismantling controls on persons, notably enabling flanking measures to be put in
place in the spheres of cooperation between police forces, of the fight against drugs
and of immigration policy. This is the case of the TREVI 92 group, which is
implementing the action programme adopted by the ministers in June 1990 and in
which the Commission has been taking part since the beginning of 1991. Such work
concerns the police cooperation that is needed if the abolition of controls at internal
frontiers is not to result in a lowering of the level of security for society as a whole.
Despite technical difficulties, progress is heartening. Nevertheless, since the
necessary conclusions have to be drawn from the convention on the crossing of
external frontiers, it is essential that the latter be signed so that this work can come
into its own. With regard to immigration, the subject of immigration policy in the
Community was debated for the first time in November 1990 on the basis of a
Commission report. The Schengen agreement has of itself led to a convergence of
policy between States.

47. The Council has continued to discuss objects carried by persons; progress has
been achieved on the acquisition and possession of weapons and tax paid allowances,

15

while headway is expected to be made with regard to checks on luggage at ports and
airports.

II. REMOVAL OF TECHNICAL FRONTIERS

1. Technical harmonization and standards

48. This is the area where most progress has been made; if it were not for the
delay caused by Parliament in the pharmaceuticals sector and, above all, the link
with commercial policy where motor vehicles are concerned, the entire work
programme would be completed. The Commission has consequently devoted most of
its attention to managing the legislation, an activity which involves both monitoring
transposition and, most importantly, the establishment of European standards or
implementing measures. Transposition is better than average here (76%), but uneven:
delays are accumulating in the agrifoodstuffs and fertilizers sectors.

(a) The "new approach"

49. Implementation of the new approach rests on four inseparable foundations:

Notification of national technical regulations: the procedure for the provision
of information introduced by Directive 83/189/EEC, as amended by
Directive 88/182/EEC, is increasingly demonstrating its effectiveness as a
fundamental instrument for preventing the emergence of trade barriers and
for exchanging information. The number of notifications grows steadily each
year: 319 in 1989, 386 in 1990 and 213 for the first five months of 1991.

In 1990 the Commission delivered a detailed opinion on 42% of the draft
regulations notified, on the grounds that they could create barriers to trade;
Member States shared that view in 26.6% of cases. In 14 instances the
Commission requested that adoption of the national measure be postponed for
one year, to allow time for a Community measure to be taken.

The number of detailed opinions delivered reflect Member States' failure to
take into account the principle of the mutual recognition of equivalent
specifications, tests and checks adopted by other Member States. It is
disquieting to note that this fundamental Treaty principle has not been more
fully taken on board by the national administrations, with less than two years
to go to the 1993 deadline;

Effective transposition: of the Directives adopted under the new approach,
only those relating to toys and pressure vessels are in force. These have not
been transposed satisfactorily, however, and particularly the latter. To
prevent such situations arising in future, the Commission is therefore assisting
Member States in interpreting directives that are shortly to come into force.
This will be the case in 1991 of the Directives on electromagnetic
compatibility and construction products.

Some directives require the Commission to take implementing measures, e.g.
the Directive on construction products, for which the Commission has to
adopt interpreting documents by early 1992 at the latest. This also applies to
the Directive on medical equipment, which will necessitate a system for
exchanging information on incidents with a view to monitoring product
quality. A guide to the system will be drawn up for Member States at the
end of 1991;

16

Standards policy: European standards will have to be available if certain
directives - in particular those on toys, pressure vessels and (when they come
into force) machinery and personal protective clothing - are to be properly
applied. However, delays in standardization work, which were mentioned in
earlier reports, are persisting: only in the case of toys is over half the
necessary number of standards available (five out of seven).

On the other hand, the need for harmonized standards is not as pressing in
the case of the Directive on construction products, thanks to its flexibility
and transitional provisions. Consequently, the standardization programme and
the resulting remits will spread the necessary standardization work over the
period up to 1996.

To make up the leeway in standardization work, the Commission has opened
a public debate on the basis of a green paper. The reactions received confirm
the need - stressed in the document - to streamline the standardization
process. Contacts will be stepped up in the months ahead with the standards
institutions in order to allay misunderstandings and even mistrust so that the
Commission can send the Council by the end of the year a communication
backed up by specific proposals;

Certification policy: smooth functioning of the technical regulations system
depends on recognition of the tests and documents certifying the conformity
of products to those regulations. To that end, the Council adopted on
13 December 1990 a Decision laying down the certification modules to be
used in future in technical harmonization directives. Headway has been made
on that basis in discussions with Member States on the principles governing
subcontracting conditions for notified bodies and the negotiation of mutual
recognition agreements with non-member countries.

To ensure that Member States effectively recognize marks affixed in
pursuance of the "new approach" directives, the Commission has also proposed
legislation to harmonize the rules for using and affixing the EC conformity
mark.

In the context of the Directive on construction products, the European
Organization for Technical Approvals (EOTA) has been set up and is to
become operational before the end of the year. In the unregulated sector, the
European Organization for Testing and Certification (EOTC), which was set
up in April 1990, should also be able to start operating before the end of the

year.

(b) Sectoral approximation of laws

50. Motor vehicles and tractors: While work on motor-vehicle emissions aimed at
introducing new pollution control standards for all vehicle categories are being
developed, thanks in particular to Parliament's active support, the introduction of a
Community system of vehicle type approval, involving, for consumers, recognition of
conformity certificates, is being held up by disagreement on commercial policy
towards Japan. This is preventing the last three proposals from being adopted.
Transposition of directives is proceeding smoothly here, except in the case of
emission standards for small cars.

As stated in the fifth report, it is necessary to supplement the White Paper
programme and switch from the optional harmonization currently in effect to "total"
harmonization; the Commission plans to send the Council a proposal to that end in
the immediate future.

17

51. As far as tractors are concerned, the White Paper programme has been
completed since 31 December 1989; the entry into force of Community type
approval now awaits only the transposition of a single directive in Italy. As in the
case of motor vehicles, the Commission is working on proposals to supplement the
White Paper programme by introducing total harmonization in the sector.

52. Building on the progress achieved so far, the Commission sent the Council on
3 April 1991 a proposal for a Regulation on the type approval of two- or threewheeled motor vehicles. Over and above what was originally planned in the White
Paper, this proposal is intended to establish a comprehensive body of Community
legislation in the industrial sector concerned.

53. Foodstuffs: The key pieces of the harmonization jigsaw are in place, even
though the Council has not yet adopted the proposal on irradiated foodstuffs. The
Commission now has the task of adopting or proposing the necessary implementing
measures: it has done so in the case of materials which can come into contact with
foodstuffs and is preparing the necessary measures as far as additives are concerned.
The problem of the volume of implementing work still to be done is, however,
aggravated by delays in transposition: the backlog which has accumulated in this
sector is one of the largest (only 58% of the necessary measures have been taken).
The Directives on flavourings, jams, additives, frozen foods, materials which can
come into contact with foodstuffs, emulsifiers, fruit juices, labelling, control and
dietary foodstuffs have thus either not yet been transposed at all, or have been only
partly transposed, in most Member States.

54. Pharmaceuticals: All the measures announced in the White Paper have now
been adopted, with the exception of three proposals concerning the rational use of
medicines which are still before the Council as a result of the belated arrival of
Parliament's opinion. The Directives adopted in 1989 extending the scope of
Community legislation to categories of medicines which were previously excluded
will come into force on 1 January 1992 on the basis of implementing measures to be
adopted this year. The transposition rate in this field is higher than average; only
Italy and, to a lesser degree, Spain have limited leeway to make up.

55. Satisfactory progress has enabled the Commission to go a stage further than
its 1985 programme by proposing to the Council and Parliament a blueprint for the
future system for authorizing medicines, which will entail setting up a European
agency, as well as harmonization of advertising rules and the inclusion of
homeopathic medicines.

56. Chemicals: The White Paper programme has been completed as far as
legislative work is concerned; attention is now being focused exclusively on
management with the dual aim of ensuring that directives are properly applied by
Member States and updating the legislation in line with safety and environmental

concerns.

Transposition of directives is lagging behind chiefly in the fertilizers sector, but the
major deadline is the entry into force on 8 June 1991 of the Directive on the
classification and labelling of dangerous preparations, which has so far been
transposed only by Denmark, France and Greece. Management and proper
application of this Directive will require confidential information to be exchanged
between Member States and the Commission, necessitating efficient organization.

18

2. Opening up of public procurement

57. Work is proceeding satisfactorily within the Council: following adoption of
the Directive opening up procurement in public services (transport,
telecommunications, water and energy), the Commission expects to see adopted
during the year the companion Directive on review procedures which will ensure that
the former is applied evenhandedly throughout the Community. The Commission has
proposed that services contracts awarded by administrations be made subject to
transparent procedures too; it is expected that a common position will be reached on
this proposal by the end of the year. It will be swiftly followed up by a further
proposal extending such transparency to procurement by public services whose works
and supplies contracts are already covered by the new Directive.

58. Only the Public Works and Public Supplies Directives have so far entered into
force, as of January 1989 and July 1990 respectively. Transposition of these
instruments has improved considerably since the last report, since only Italy and the
Netherlands have yet to transpose the Public Supplies Directive and those countries
plus Spain, Luxembourg and Portugal the Public Works Directive. In public
procurement as in other fields, however, transposition is only the formal aspect of
implementation. To ensure that these Directives are uniformly applied in all
Member States, despite differences between their administrative structures and
internal controls, the Commission has thus introduced monitoring machinery which
supplements measures taken in some cases by certain Member States:

infringement procedures have been started to make the regional preferences
conform to the Treaty; however, controls are carried out on contracts awarded
in connection with programmes financed under the structural Funds. These
checks can lead to infringement proceedings and a freeze on payments;

following checks on tender notices published in June/July 1990, over
900 presumed infringements were noted. These related to selection and award
criteria and requirements concerning guarantees and deposits. Similar checks
are being carried out on the tender specifications of certain types of
contracting authority and on the publication of prior information notices
concerning public works contracts;

with a view to increasing transparency in public procurement and, most
importantly, facilitating compliance with the Directives by contracting
entities, the Commission will publish in 1991 standard models for tender
notices which incorporate the specific features of national procedures in a
form that is compatible with the Directives;

since the root cause of most difficulties is ignorance of the Directives and
transposition measures, information campaigns are being conducted and
training activities organized for the competent administrations at national,
regional and local level.

3. Free movement of workers

59. Following adoption in 1990 of the three Directives on the right of residence
(for students, retired persons and other members of the non working population),
which will not enter into force until 1 July 1992, the Council is focusing its attention
on the adoption of measures necessary for the recognition of diplomas at a level
below university level, and therefore not covered by the first directive and on the
facilitation of the mobility of workers by a redefinition of the rules of residence.
The Commission has for its part to ensure that the Directive on the recognition of
diplomas and the Decision on the comparability of vocational qualifications are
correctly applied.

19

60. The regulated professions: The period for transposing into national law
Directive 89/48/EEC of 21 December 1988 on a general system for the recognition
of higher education diplomas awarded on completion of professional education and
training of at least three years' duration expired on 4 January 1991. It has been fully
or partly transposed in five Member States (Denmark, Germany, France, Ireland and
the United Kingdom), the others having communicated draft transposition measures.
This situation can undoubtedly be deemed satisfactory when compared with the
Directive on commercial agents, which was adopted in 1986, entered into force also
in January 1991 and has been transposed in only four Member States.

The proposal for a Directive on a second general system for the recognition of
professional education and training has been under discussion within the Council
since October 1989. Work is focusing chiefly on the compilation of a list of
professional and vocational training courses which, on account of the high level of
training and responsibility involved, can be compared with post secondary courses
completed after long course secondary education.

61. The non-regulated professions: By application of the Council decision of 1985
on the comparability of qualifications, 75 professions in 6 sectors have been the
subject of publications necessary for the comparability of qualifications obtained in
another Member State. All of the 19 professional groups/sectors considered as
priorities, will be covered between now and the end of 1992. In parallel, measures to
disseminate information, in collaboration with the European Centre for Professional
Training (CEDEFOP) are being taken in the Member States. An evaluation of this
work will be undertaken in 1991, on the basis notably of reports that the Member
States are to transmit to the Commission, and this evaluation could lead the
Commission to make appropriate proposals in this area.

62. Free movement of wage earners: Two proposals have now been on the
Council table since 11 January 1989 on freedom of movement and right of residence
for workers and members of their family; these proposals are aimed at broadening
the category of persons directly benefiting from the Community provisions,
consolidating equal treatment and protecting the rights of workers in short term
employment and their families. The proposals are still on the Council table due to
the absence of the required majority for their adoption. The Commission has also
proposed that the transposition periods laid down in the Act of Accession of Spain
and Portugal, which normally expire on 31 December 1995, be made consistent with
the 31 December 1992 deadline. As announced in the programme of action on the
implementation of the Community charter of fundamental social rights for workers,
the Commission will make a proposal for the revision of the regulation on the
compensation of job vacancies and demand for jobs and the transparency of the
employment market (SEDOC - Community System of transparency of the
employment market).

4. Services

(a) Financial services

63. Banking: Following up the breakthrough achieved in 1989 with adoption of
the Directives on own funds and solvency ratios and the second banking Directive,
the Commission has put forward proposals on capital adequacy, consolidated
supervision and large exposures; on the basis of the opinion which Parliament is
expected to deliver on the latter two proposals, the Council should be able to adopt a
common position by the end of the year. Transposition delays have been
considerable, but though only two Member States, namely France and Portugal, have
transposed all three Directives in force, the pace of implementation has begun to
accelerate recently.

**20**

64. Insurance: The third generation of directives in the insurance field (life and
non-life) has been laid before the Council. Given the satisfactory pace of
discussions within Parliament, it should be possible for a common position to be
reached on the non-life proposal before the end of the year. Although appreciably
**better than** in **the** banking sector, transposition remains lower than average.

65. Transactions in Securities: By adopting the Directive on insider trading, the
Council has completed the body of measures for accompanying the liberalization of
capital movements. The investment services market will be opened up when the
Council adopts the proposal it is discussing, which has run into conceptual
difficulties; the Commission hopes that the efforts made under the Luxembourg
Presidency will make it possible to arrive at a common position in this crucially
important area for the establishment of a genuine European financial market. After
legislating on UCITS, insider trading and the conditions governing admission to stock
exchange listing, the Community will thereby create an instrument for regulating the
activities of economic operators on that market. Delays in transposition are affecting
particularly legislation which has come into force since January 1991.

(b) Transport

66. The Council remains unable to complete its work on cabotage since the
proposals concerning maritime transport are still held up by the positions of a few
Member States that wish to safeguard their market; discussions on road passenger
transport have not resumed for many years. River transport is now the only area
where discussions on cabotage appear likely to reach agreement. The only sectors
where satisfactory progress is being made are air transport and road haulage.

67. Air transport : the implementation of liberalisation measures in the
Community context in this sector, as adopted by the Council, assumes that States will
progressively abandon interventionist practices. These measures will not be truly
effective unless the application of competition rules guarantees at the same time the
application of competition that airlines cannot prevent their competitors from
exploiting the opportunities created by liberalisation. The Commission has
accordingly taken up such questions as access to computerised reservation systems,
interlining, stopover services, and timetabling as well as merger questions; in this
area the Commission's objective is to ensure that these operations are translated into
gains in efficiency and that they develop in conditions which are least likely to
affect competition in a large part of the Community market.

68. Road: The Commission has now turned its attention to implementing the
Regulations on international transport and cabotage by raising the quotas which give
effect to the measures; in April it thus raised the cabotage quota by 10% for the
period July 1991 - June 1992, while the Council decided to raise the international
transport quota for 1991/92 by 40%. The Commission must, however, above all pave
the way for the liberalization due to take effect in the transport sector in
January 1993 by proposing the necessary flanking measures.

Although key decisions have been taken on the carriage of goods, the Council's
inability to reach agreement on passenger transport is to be deplored. This situation
directly affects the free movement of persons, since travellers have to undergo
formalities that are excessive in comparison with progress achieved in other areas and
facilities now afforded to persons crossing frontiers.

69. Sea: Despite having reached political agreement last December on introducing
cabotage in two phases, postponing the liberalization of coastal navigation to a later
date, the Council has not yet taken any formal decision. The Commission is

2 1

endeavouring to ensure that efforts to achieve a compromise do not call into question
the Article 8a objectives or timetable.

70. Inland waterways: This is undoubtedly the area where most progress has been
made since the Article 8b report since, after years of deadlock, discussions have
resumed and are likely to lead to a decision in the weeks ahead.

(c) New technologies

71. Television: The White Paper measures have all been adopted with the
exception of additional proposals, made necessary by expiry of the Directive on the
satellite broadcasting standard. In the case of the Transfrontier Television Directive,
for which the transposition period is due to come to an end on 3 October 1991, Italy
and Portugal have already adopted the overall measures and partial measures have
been taken by other Member States.

72. Telecommunications: In addition to implementation of the Directive on open
network provision (ONP), for which it has forwarded a proposal on leased lines, the
Commission has to secure correct transposition of the Directive, a process which,
together with implementation of the Commission Directive on telecommunications
services, is essential to opening up of the market. The Directive has, however, so far
been transposed only in the Netherlands, in Portugal, in Luxembourg, in Spain and
in the United Kingdom. On the other hand, transposition of the Directive on mobile
telephones, which was much delayed, has now been accomplished in all
Member States except Belgium and Spain.

73. New means of payment: Inefficient systems of payment between Member
States constitute a serious barrier to trade within the Single Market, and a penal
burden, especially upon smaller businesses and individuals. Accordingly, the
Commission has taken recent initiatives, building upon its 1987 paper on
interoperability of payment cards. In 1990 it issued a recommendation on the need
for transparency in this field, followed by a discussion paper on financial
transactions between Member States. On the basis of responses to that paper the
Commission has established two groups with a remit to recommend, by the end of
1991, a Community approach to swift, reliable and inexpensive payment systems.

5. Capital movements

74. Complete liberalization of capital movements between eight Member States
became reality in 1990. Four Member States (Greece, Spain, Ireland and Portugal)
were authorized by the Directive to retain certain restrictions on short term capital
movements running until the end of 1992. Nevertheless, those countries are also
making progress in liberalizing capital movements, and Spain and Ireland particularly
have in certain cases liberalized further than they are currently required.

Liberalization of capital movements contributes to the process of economic and
monetary integration. The mobility of capital is indispensable, particularly to the
freedom to provide cross border financial services, and lays the foundations of a
single financial area. From a macroeconomic standpoint, the integration of national
financial systems paves the way for coordination of monetary policies and,
ultimately, Economic and Monetary Union. The fact can hardly be overlooked that
1 July 1990 was also the starting date for stage one of Economic and Monetary
Union.

**22**

6. Creating a propitious environment for business cooperation

(a) Company law and taxation

75. Company law: following the adoption and entry into force of the Regulation
on the European Economic Interest Grouping and the amendment of the fourth and
seventh Directives to take account of the SME dimension in the harmonization of
company law, the Council has still to deal with all the key issues involved in
reinforcing cooperation between firms:

the proposal on the harmonization of national rules relating to takeover bids
should be adopted in the next few months given the necessary political will in
the Council;

in the light of Parliament's opinion on the proposals for the creation of the
European company law statute, the Commission has amended those proposals
to enable the Council to take a decision before the end of the year. The
delay on this file appears to rule out a common position before the end of
1991.

the solutions which will thus be found to the question of the position of
employees in firms should help to reactivate work on the fifth and tenth
Directives.

76. On 1 July 1991, two years after the Regulation on the European Economic
Interest Grouping came into force, two Member States (Italy and Greece) have still to
take the implementing measures necessary to ensure that such groupings can be
registered on their territories. To the Commission's knowledge, more than
165 groupings have been set up in the other Member States in all activity sectors.

77. Company taxation: Member States are in the process of preparing for the
transposition of the two Directives adopted by the Council on 23 July 1990 on the
common system of taxation applicable to mergers and similar operations and on the
common system of taxation applicable to parent companies and their subsidiaries and
for the ratification of the Convention on the elimination of double taxation in
connection with the adjustment of profits of associated enterprises, which was signed
by Member States on that same date.

The new proposals adopted by the Commission in November, which provide for the
abolition of withholding taxes on interest payments and royalties within a group of
companies and for account to be taken by companies of losses incurred by permanent
establishments and subsidiaries in other Member States, have already been endorsed
by the Economic and Social Committee; Parliament's opinion is expected in October.
The Council has begun to examine the first of these proposals. As to the 1984
proposal on the tax arrangements for the carry-over of losses, it is expected that
examination of this will be resumed following that of the proposal on foreign losses.

The Council has not resumed work on the 1987 proposal providing for the abolition
of indirect taxes on dealings in securities. However, it will be noted that
Member States are tending to abolish these taxes on their own initiative and that half
of the Member States are no longer applying them.

(b) Industrial and intellectual property

78. After initial difficulties, the work on harmonization is progressing
satisfactorily: following adoption of the Directive on the protection of computer
programs to add to the protection of integrated circuits and the harmonization of
national trademark rules, the Council and Parliament are left with only one proposal

**23**

for a Directive before them: that concerning the legal protection of biotechnological
inventions. This proposal is closely linked with the regulation to set up a system of
Community protection for plant breeding which was submitted to the Council
during the second half of 1990 and which foresees the establishment of a form of
sui generis ownership of the type defined by the Union for the Protection of Plant
Breeders' Rights (UPOV) relating to the newly created plant varieties. The present
state of the procedures is comparable to that indicated above on the subject of the
proposal for a "biotechnology inventions" directive.

after the adoption of the directive harmonising national trade mark law in
1988 the creation of the Community trademark is still conditional on the
decisions to be taken on the location of the Trademark Office

the Convention creating the Community patent has been signed and should be
ratified before the end of 1991. The Commission would point out that, to its
knowledge, none of the national ratification procedures has been started; this
situation can only jeopardize the entry into force of the Convention.

Of the proposals adopted, only the Directive on the protection of integrated circuits
is in force. It has been transposed into national law in all the Member States. In
some cases, the Commission is examining, with the Member States, the technical
aspects of this transposition process.

III. THE REMOVAL OF TAX BARRIERS

79. As was the case at the time of the 5th annual report the translation of the
political orientations of the Council into practical reality through the adoption of
legal texts has still not been achieved. This is the case despite the considerable
efforts made by the Council Presidencies during the last year and reflects not only
the complexity and contentious nature of the dossier but also the difficulties inherent
in obtaining unanimity on the issues in question.

As the Commission has already noted in its report under Article 8b the achievement
of the 1992 goal is becoming more and more dependent on the progress of this
dossier. Moreover the situation becomes more critical as time passes due to the need
for a reasonable period of time between adoption of Community law and its
implementation. This is needed to allow Member States to put in place their own
legislative provisions and to allow economic operators time to plan for the new
indirect tax regimes which will apply after 1992. The shortage of time, the fact that
the Council has in its possession all of the objectives and the existence of clear
political orientations from the ECOFIN Council itself all argue strongly for early
decisions by the Council on the various legal texts.

Value added tax

80. Following the Council's decision at the end of 1989 that it was not able to
adopt the definitive internal market VAT regime in time for 1.1.1993 the
Commission made a proposal for a transitional regime for the period up to the end of
1996. This proposal, which ensures the ending of frontier controls, but which
maintains the notion of a tax charge in the Member State of destination, has been the
subject of detailed and lengthy discussions during the second half of 1990 and during
the first half of 1991, mainly in the ad hoc working party previously set up by the
Council to deal with the fiscal questions. In December 1990 the Council decided on
the main features of the transitional VAT regime, without at that stage adopting a
legal text. Work has continued in the Council ad hoc working party on the issues
that were left outstanding at the time and it now seems probable that the Council
will agree on the required legal text during July 1991. However, it should be noted

**24**

that if the internal market objectives are to be really achieved and the fiscal
treatment of intra-Community and national trade is to be aligned the decision taken
in Council must include a real commitment to the changeover to the definitive VAT
regime.

81. The successful working of the transitional VAT regime and indeed the
definitive VAT regime will depend on the putting into place of a mechanism for
administrative cooperation between tax administrations as provided for by the
Commission proposal on this subject.. In December 1990, the Council reached
agreement on the control measures for cooperation between Member States necessary
for the proper functioning of the indirect taxation systems (VAT and excise duty)
after 1992. It is essential that the legal texts are adopted quickly by the Council.
For its part the Commission has completed the first phase of a feasibility study on
the computerized exchanges of information, as requested by the Council, and is also
in the process of putting into place the procedures to allow for the exchange of fiscal
officials between Member States.

82. With regard to the approximation of VAT rates the Council undertook during
1989 to come to a decision on the level and coverage of the standard and reduced
VAT rates by the end of 1991. Following preparatory work in the ad hoc working
party, the Council agreed in March 1991 on the application and coverage of the
reduced rates. It also undertook to take a decision on all rated (VAT and excise
duty) by the end of June 1991. The corresponding legal texts will have to be
adopted by the end of the year.

Excise duties

83. During the second half of 1990 and particularly during the first half of 1991
the Council ad hoc working party has been examining in detail the Commission's
proposal for a directive dealing with the circulation of goods liable to excise duties.
This work led the Council to take a position on a number of points of substance in
December 1990, and again in April 1991, which gives grounds for the belief that the
Council will be able to adopt a legal text during the month of July. This would
allow the ending of border formalities for goods liable to excise duty and would
represent a significant step forward in this area, where progress to date has been
very slow. However, it must not be forgotten that the Council will also need to act
on the Commission's proposals relating to the structure of the excise duties of
mineral oils, tobacco products and alcoholic beverages if the internal market excise
duty regime is to be successfully put in place.

84. On the approximation of excise duty rates the Council has yet to clearly
indicate its preferences except in the case of the excise duty on diesel fuel where the
Council has said that in accordance with instructions of the Rome European Council
concerning the taxation of road transport, it will express a view by the end of
June 1991. As in the case of VAT, however, recent work in the ad hoc working
group suggests that the Council will be in a position to clearly indicate its
requirements during the month of June 1991. This agreement will have to be backed
up by the adoption of the appropriate legal text.

Travellers' allowances

85. The partial adoption by the Council in March 1991 of the Commission's
proposal for a gradual and significant increase in travellers' allowances up to the end
of 1991 represents an element of success in the fiscal programme. In March 1991,
two fundamental steps were taken in this area : on the one hand, the unanimous
decision by the Council to totally abolish restrictions concerning travellers' allowances
on duty paid goods, as from 1st January 1993, and on the other hand, in that
perspective, the raising of these allowances by 50 % as from the 1st July 1991.

```
              ANNEXES

INTRODUCTION

The following Annexes outline

A. Progress to date at both"Council and Commission level
  on adoption of initiatives contained in the White
  Paper programme

B. Information concerning implementation of Community
  measures on the Internal Market in the Member States

A. Adoption of White Paper initiatives - Commission and
  Council aspect

ANNEX 1 : List of initiatives presented in the context
       jof the Completion of the Internal Market
       which have been adopted by the Commission and
       Council up to 31 May 1991

ANNEX 2 : List of Commission proposals awaiting Council
       adoption as at 31 May 1991

B. Implementation by Member States of Legal Acts required
  to complete the Internal Market

ANNEX 3 : List of directives, regulations, decisions
      and recommendations contained in the White
       Paper programme which are already in force or
      due to enter into force by 31/12/1991

ANNEX 4 : List of implementing measures taken in the
       framework of the White Paper which are already
       in force or which should enter into force
      before 31/12/1991

ANNEX 5 : Court of Justice decisions not implemented by
      Member States (procedures underway on the
       basis of Article 171 of the Treaty)

ANNEX 6 : Global assessment of implementation in
       individual Member States

```

ANNEX I
to Sixth Progress Report
31 May, 1991

COMPLETION OF THE INTERNAL MARKET

INITIATIVES AND PROPOSALS
ADOPTED BY COMMISSION AND COUNCIL

The following list shows the proposals presented in the context of the Completion of
the Internal Market which have been adopted or partially adopted by both
Commission and Council. Numbers refer to the total number of decisions taken by
Council including partial adoptions. Those partially adopted will require further
Council decision.

```
        SUBJECT ADOPTION DATE

PART ONE : THE REMOVAL OF PHYSICAL BARRIERS

I. CONTROL OF GOODS

```

1. Various controls

1. Duty free admission of fuel contained in the PARTIALLY ADOPTED
fuel tanks of commercial motor vehicles (coaches) 8/7/85 DIR.
lorries and coaches COM(84)171, 85/347
COM(86)383 OJ L 183 of 16/7/85

COMMENTS : Implementation date : 1/10/1985

Single Administrative document (SAD) third ADOPTED 8/7/85
country aspects REG. 1900/85

& 1901/85

OJ L 179 of 11/7/85

COMMENTS : Implementation date : 1/1/1988 (a further Regulation
concerning the abolition of the single administrative document was adopted by
Council on 21 March 1991 : Regulation 91/717, OJ L 78 of 26/3/91;
implementation 1/1/1993)

3. Abolition of customs presentation charges ADOPTED 9/6/86
REG. 1797/86

OJ L 157 of 12/6/86

COMMENTS : Implementation date : 1/1/1988; DEROGATIONS for Spain and
Portugal

Elimination of customs formalities in the
framework of the TIR convention (COM
(86)184) and the introduction of common
border posts - "banalisation"

COMMENTS : Implementation dates Reg. 3690/86     - 1/7/87
Reg. 4283/88     - 1/7/89

Simplification of Community transit
procedure : amendment to Reg. 222/77

COMMENTS : Implementation date : 1/7/88

Elimination of controls performed at the
frontiers of Member States in the field of
road and inland waterway transport

i
COMMENTS : Implementation date : 1/7/90

Transit advice note
Regulation 222/77)

(amendment to

ADOPTED 1/12/86
(TIR aspect)
REG 3960/86

OJ L 341 of 4/12/86

and

21/12/88

REG 4283/88

OJ L 382 of 31/12/88

ADOPTED 11/6/87

REG.87/1674

OJ L 157 of 17/6/87

ADOPTED 21/12/89

REG. 89/4060

OJ L 390 of 30/12/89

ADOPTED 22/2/1990

REG.474/90
OJ L 51 of 27/2/90

ADOPTED 17/9/90

REG. 2726/90

OJ L 262 of 26/9/90

ADOPTED 12/6/85

Dirs 85/323 &

85/324

OJ L 168 of 28/6/85

COMMENTS : Implementation date : 1/7/90

8. Community transit

COMMENTS : Implementation :

Entry into force : 29/9/90
Application : 1/1/93

2. Veterinary and phytosanitary controls

Veterinary Controls

9. Microbiological controls (meats, poultry, red
meat)

COMMENTS : Implementation date Dir. 85/323 : obligation to conform to
terms of directive contains period not yet fixed;
Implementation date Dir. 85/324 : as above

10. Medical examination of Personnel ADOPTED 12 & 20 June

1985 Directives
85/325,85/326
85/327

OJ L 168 of 28/6/85

COMMENTS : Implementation dates :

Dirs.85/325, 85/326 & 85/327 : 1/1/86

11. Swine fever ADOPTED 12/6/85
Dirs. 85/320, 85/321 &
85/322

OJ L 168 of 28/6/85

COMMENTS : Implementation dates :

Dirs. 85/320, 85/321 & 85/322 : 1/1/1986

12. Hormone growth promoters ADOPTED 10/7/85
Dir 85/358

OJ L 191 of 23/7/85

Dir 88/146

of 7/3/88

OJ L 70 of 16/3/88

COMMENTS : Implementation dates :
```
        Dir. 85/358 : 1/1/87
```

Dir. 88/146 : 1/1/88
NB : Directive 88/146 replaces Directive 85/649 in accordance with the Court
of Justice ruling on hormones in March 1988

_TT._ Production and trade in milk ADOPTED 5/8/85

Dir. 85/397

OJ L 226 of 24/8/85

COMMENTS : Implementation date : 1 January 1989

14. Control of foot and mouth disease

COMMENTS : Implementation date 1/1/1987

ADOPTED 18/11/85

Dir.85/511

OJ L 315 of 26/11/85

15. Antibiotic residues ADOPTED 16.9.86

Dir 86/469

OJ L 275 of 24/9/86

COMMENTS : Implementation dates : 1 April 1987 (Articles 3 and 4); H_
December 1987 (Articles 5,11,12), 31 December 1988 (all other articles)

16. Control of residues ADOPTED 16.9.86 Dir

86/469

OJ L 275 of 24/9/86

COMMENTS : Implementation dates : 1 April 1987 (Articles 3 and 4); l i
December 1987 (Articles 5,11,12), 31 December 1988 (all other articles)

17. Live animals of the porcine species : ADOPTED 16/12/86
eradication of African swine fever in Dec.86/649
Portugal OJ L 382 of 31/12/86

COMMENTS : PORTUGAL to submit a reinforced plan to the Commission for
the eradication of African swine fever and the restructuring of pig farms. No
precise deadlines mentioned in the decision. Commission to approve plans
according to the procedure of the Standing Veterinary Committee which
includes specific time limits, and follow the developments concerning the
implementation of eradication plan (a report must be made to the Committee at
least once a year).
A supplementary plan was adopted in 1989 - Directive 89/577, OJ L 322 of
7/11/1989.

18. Live animals of the porcine species : ADOPTED 16/12/86
eradication of African swine fever in Spain Dec. 86/650
OJ L 382 of 31/12/86

COMMENTS : SPAIN to submit reinforced plan for the above-mentioned
eradication scheme. No precise deadlines are mentioned in the decision. The
Commission must approve these plans, according to the procedure of the
Standing Veterinary Committee which includes specific time limits, and follow
the developments concerning the implementation of the eradication plan. (A
report must be made to the Committee at least once a year)

19. Live animals of the bovine species: amended ADOPTED 22/12/86
eradication directives to provide for final Decision 87/58
eradication of brucellosis tuberculosis & OJ L 24 & L 32
leukosis in all Member States including of 27/1 & 3/2/87
Spain and Portugal respectively

COMMENTS : Member States shall draw up eradication plans to be submitted
to the Commission within nine months of the notification of Decision; the
Commission, after examination of the proposed plans and any amendments
thereto, shall approve them according to the procedure of the Standing
Veterinary Committee. On the dates fixed by the Commission in its decision of
approval, Member States shall bring into force the national provisions required
to implement the eradication plans.

~ Modification of Directive 72/461 on health ADOPTED 30/12/86
problems affecting intra-Community trade Dir.87/64
in fresh meat and Directive 72/462 on OJ L 34 of 5/2/87
health and veterinary inspection problems
upon importation of bovine animals and
swine and fresh meat from 3rd countries

COMMENTS : Implementation date : 1/1/88:
This directive was annulled by the European Court of Justice on 16 November
1989 - Case Number 131/87 - and published in Official Journal C 313 of 13
December 1989. A replacement proposal- COM(90)175    - was adopted by
Council during its session of 21 -24 May 1991.

20. Eradication of classical swine fever in the
Community as a whole and swine fever

ADOPTED 7/4/87

Decs 87/230 &
87/231, OJ L 99
of 11/4/87

A further 4
adoptions Dirs
87/486,487 &
489, Dec. 87/488
taken on 22/9/87

OJ L 280

of 3/10/87

COMMENTS :
Decision 87/230 to apply from 1/1/1987.
Decision 87/231: Member States to enforce necessary measures to comply with
decision not later than 31/12/87 and must inform the Commission thereof.
Directives 87/486. 87/487 and Dec. 87/488 drawn up in line with article 2 of
Decision 87/230 which required further Council decision on financial measures

before 1/11/87, and Directive 87/489 in line with Article 3 of Decision 87/231,
which required further Council decision before 1/11/87.
Directive 87/486 (control of classical swine fever): Member States to bring into
force laws and other provisions necessary to comply with directive not later
than 31 December 1987: Commission to be notified of provisions
Directive 87/487 (conditions designed to render and keep territory free of
classical swine fever) : national programmes to be implemented in Member
States not yet officially swine fever-free: minimum period of 6 years;
maximum period 10 years.
Decision 87/488: (classical swine fever : financial measures) original eradication
plan under Directive 80/1095 given a 6 year period; this has now been
extended by 4 years; those Member States not yet officially swine fever-free
must therefore submit a new plan not later than 3 months before the expiry of
their initial plan.
Directive 87/489 : (swine fever : certain measures) Member States shall bring

into force laws, etc. to comply with directive not later than 31 December 1988
and must inform the Commission of these provisions

21. Acceptance for breeding purposes of
purebred breeding animals of the bovine
species

COMMENTS : Implementation date : 1/1/89.

DEROGATION for Spain and Portugal to
1/1/1992

22. Amendment to Directive 80/215 on animal
health problems affecting intra-Community
trade in meat products

COMMENTS : Implementation date : 1/1/88

23. Amendment to Directive 64/433 on health
problems affecting intra-Community trade
in fresh meat

COMMENTS : Implementation date : 1/1/89

ADOPTED 18/6/87

DIR.87/328

L 167 of 26/6/87

ADOPTED 22/9/87

Dir. 87/491

L 279 of 2/10/87

ADOPTED 3/5/88

Dir.88/288

OJ L 124 of 18/5/88

24. Amendment to Directive 72/462 on health
and veterinary inspection problems upon
importation of bovine animals and swine
and fresh meat from third countries

COMMENTS : Implementation date : 1/1/89

25. Semen of animals
species

bovine and porcine

COMMENTS : : Implementation dates :
Directive 88/407 : 1/1/90

Directive 90/429 : 31/12/91

26. Minced meat and similar : health problems

COMMENTS : Implementation date : 1/1/1992

ADOPTED 3/5/88

Dir.88/289

OJ L 124 of 18/5/88

ADOPTED 13/6/88

DIR.88/407

OJ L 194 of 22/7/88

and 26/6/90

DIR.90/429

OJ L 224 of 18/8/90

ADOPTED 13/12/88

DIR.88/657

OJ L 382 of 31/12/88

27. Modification of Dir. 77/99 - meat products ADOPTED 13/12/88
DIR.88/658

OJ L 382 of 31/12/88

COMMENTS : Implementation date : 1/7/1990.
DEROGATION for Greece until 31/12/1992 (in order to comply with the
exception provided for in Article 3(1 )(9) of Directive 77/99)

28. Zootechnical standards, porcine species ADOPTED 19/12/88
DIR.88/661

OJ L 382 of 31/12/88

COMMENTS : Implementation date - 1/1/1991. DEROGATION until 1/1/93 for
Spain and Portugal (but clause in decision which allows for prolongation of
derogation)

29. Pleuro-pneumonia in Portugal
scheme for eradication

financial ADOPTED 20/2/89

Dec.89/145

OJ L 53 of 25/2/89

COMMENTS : Under the terms of the Decision, the Portuguese government
will draw up a reinforced plan for the eradication of contagious bovine
pleuropneumonia; no deadline is given for the submission of the plan which,
when approved by the Commission, will qualify for Community financial
assistance for a period of 3 years

30. Imports of meat products from third
countries (animal health and public health
rules)

COMMENTS : Implementation date : 30/6/1990

ADOPTED 21/3/89

Dir. 89/227

OJ L 93 of 6/4/89

31. Purebred breeding - sheep and goats ADOPTED 30/5/89
DIR 89/361

OJ L 153 of 6/6/89

COMMENTS : Implementation date : 1/1/1991

32. Hygiene and health problems affecting the
production and the placing on the market of
egg products

COMMENTS : Implementation date : 31/12/1991

ADOPTED 20/6/89

DIR.89/437

OJ L 212 of 22/7/89

33. Pilot projects for the control of rabies PARTIALLY ADOPTED
24/7/89

DEC. 89/455

OJ L 223 of 2/8/89

COMMENTS : Not later than 6 months after notification of this Decision, the
Member States on whose territory the presence of rabies has been established
shall forward their pilot projects to the Commission; the Commission shall
assess the pilot projects and within 4 months reach a final decision thereon; this
decision shall contain the date on which the pilot projects will be implemented
bv the Member States.

34. Animal embryos ADOPTED 25/9/89
DIR.89/556

OJ L 302 of 19/10/89

COMMENTS : Implementation date : 1/1/91

35. 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

COMMENTS : Implementation date : 1/7/1991

36. Veterinary checks in intra-Community
trade

COMMENTS : Implementation date : 31/12/91

DEROGATION for Greece to 31/12/92

37.Production and trade in medicated feedingstuffs

ADOPTED 21/11/89

DIR.89/608

OJ L 351 of 2/12/89

ADOPTED 11/12/89

DIR.89/662
OJ L 395 of 30/12/89

ADOPTED 26/3/90

DIR.90/167

OJ L 92 of 7/4/90

COMMENTS : Implementation date
11(2); 31/12/92 (for Article 11(2))

1/10/91 for all articles other than Article

38. African Swine fever in Sardinia ADOPTED 26/4/90

DEC.90/217

OJ L 116 of

8/5/90

COMMENTS : Implementation : the decision applies only to the Italian
Republic which is required to draw up a 5 year eradication plan for which no
time limit for submission was given

39. Brucellosis in small ruminants (sheep and
goats)

ADOPTED 21/5/90

DEC. 90/242

OJ L 140 of 1/6/90

COMMENTS : Implementation date : the Decision applies only to France,
Greece, Italy, Spain and Portugal who are required to submit eradication plans
within 3 months of the notification of the decision

40. Horses - competition ADOPTED 26/6/90
DIR. 90/428

OJ L 224 of 18/8/90

COMMENTS : Implementation date : 1/7/91

41. Horses - zoo-technical rules

COMMENTS : Implementation date : 1/7/91

42. Horses - 3rd country imports & movement
inside the Community

COMMENTS : Implementation date : 1/1/92

ADOPTED 26/6/90

DIR. 90/427

OJ L 224 of 18/8/90

ADOPTED 26/6/90

DIR. 90/426

OJ L 224 of 18/8/90

43. Foot and mouth disease ADOPTED 26/6/90

DIR. 90/423

OJ L 224 of

18/8/90

COMMENTS : Implementation date : 1/1/92

44. Expenditure in the veterinary field ADOPTED 26/6/90
DEC.90/424

OJ L 224 of 18/8/90

COMMENTS : Implemention date : Decision applies immediately

45. Veterinary and zootechnical checks in intraCommunity trade in certain live animals and
products

ADOPTED 26/6/90

DIR. 90/425

OJ L 224 of 18/8/90

COMMENTS : Implementation dates :
Article 10 - 28/9/90

Remainder - 31/12/91 at the latest
DEROGATION : additional time limit of one year allowed for Greece
for "remainder"

46. Financial measures for the eradication of

IHN

ADOPTED 24/9/90

DEC. 90/495

OJ L 276 of 6/10/90

COMMENTS : Member States required to submit their eradication plans 3
months after adoption of the decision

47. Poultry and hatching eggs ADOPTED 15/10/90
DIR.90/539

OJ L 303 of 31/10/90

COMMENTS : Implementation - 1 January 1992 (the provisions of the
Directive and in particular Article 29 will be reviewed before 31/12/92 in the
light of proposals concerning the completion of the internal market)

48. Pathogens in feedingstuffs (Veterinary rules
for disposal and processing of animal waste,
for its placing on the market and for the
prevention of pathogens in feedstuffs of
animal or fish origin and amending Dir.
90/425)

COMMENTS : Implementation : 31/12/1991

ADOPTED 27/11/90

DIR.90/667

OJ L 363 of 27/12/90

DEROGATION for Lander of Mecklenburg-W. Pomerania,
Brandenburg, Saxony-Anhalt, Saxony and Thuringia in Federal Republic of
Germany until 31/12/1992: Federal Republic required to submit report on the
animal waste disposal situation in those Lander by 30/6/1992.

49. Game Meat

COMMENTS

50. Animal health conditions governing the
placing on the market of aquaculture
animals and products.

COMMENTS : Implementation date - 1/1/93

51. Animal health problems - ovine and caprine
species (intra-Community trade and third
countries)

COMMENTS : Implementation dates 
DIR. 91/68 (intra-Community trade)
Articles 7 & 8 : 2 months after

notification

Remainder : 31/12/92

DIR. 91/69 : 31/12/92

52. Pedigree animals not covered by existing
directives : other species (amendment to
Directives 77/504 and 90/425)

COMMENTS : Implementation date - 1/7/1992

ADOPTED 27/11/90
Not yet published in
Official Journal

ADOPTED 28/1/91

DIR. 91/67

OJ L 46 of

19/2/91

ADOPTED 28/1/91

Dirs 91/68 & 91/69

OJ L 46 of

19/2/91

ADOPTED 25/3/91

DIR. 91/174

OJ L 85 of 5/4/1991

10

Phvtosanitarv Controls

53. Amendment to Directive 77/93 (plant
health)

COMMENTS : Implementation dates :
DIR. 85/574 - 1/1/87

DIR. 88/572 - 1/1/89

54. Amendment of Directive 79/117/EEC on
the prohibition of certain plant protection
products (ethylene oxide)

ADOPTED 19/12/85 DIR.

85/574 OJ L 372 of

31/12/85 and 14/11/88

DIR.88/572 OJ L 313 of

19/11/88

ADOPTED 21/7/86

Dir. 86/355

OJ L 212 of 2/8/86

COMMENTS : Implementation date : 1/7/87 (NB.: this Directive was amended
by Dir.89/365 of 30 May 1989, OJ L 159 of 10/6/1989)

55. Maximum levels for pesticide residues in
cereals and foodstuffs of animal origin

COMMENTS : Implementation date : 30/6/1988

56.Directive fixing guidelines for the assessment

of additives used in animal nutrition

COMMENTS : Implementation date : 31/12/87

Amendment to Directive 74/63 on undesirable
substances and products in animal nutrition
(maximum pesticide residues in animal
feedingstuffs)

ADOPTED 24/7/86

Dirs 86/362

& 86/363

OJ L 221 of 7/8/86

ADOPTED 16/2/87

Dir. 87/153

OJ L 64 of 7/3/87

ADOPTED 19/10/87

Dir. 87/519

OJ L 304 of 27/10/87

COMMENTS : Implementation date : 31/12/90.
NB : This directive was annulled by the European Court of Justice on 16
November 1989 - Case Number 11/88 - and published in Official Journal C
313 of 13 December 1989. A replacement directive was adopted by Council on
4/3/91 - DIR. 91/132, OJ L 66 of 13/3/91. New implementation date :
4/8/1991

57. Certification of seeds

COMMENTS : Implementation dates :

Article 3 (11) & Article 7 (9) : 1/7/82
Article 3 (12) : 1/1/83
Article 6 (5) & (6) and Article
7 (6) & (10) : 1/1/86
Article 2 (8), (17), (20), (28);
Article 3 (18), (31), (37);
Article 5 (10), (19), (23),
(25) Articles 1 (8), 2 (10), 3
(20), 5 (12), 7 (18) : 1/7/92
All other provisions : 1/7/90

ADOPTED 13/6/88

DIR.88/380

OJ L 187 of 16/7/88

11

58. Harmful organisms in seeds and seed
potatoes (amendment to Directive 64/403)

COMMENTS : Implementation date : 31/3/89

59. Amendment to Dir. 77/93 on protective
measures against the introduction into
member States of organisms harmful to
plants or plant products (plant health
inspectorate and progressive reduction of
checks)

COMMENTS : Implementation dates :
DIR. 89/439 - 1/1/90

DIR. 90/168 - 1/1/91

60. Amendment to Directive 79/373 on the
marketing of compound feedingstuffs

ADOPTED 30/5/89

DIR. 89/366

OJ L 159 of

10/6/89

ADOPTED 26/6/89

DIR. 89/439
OJ L 212 of 22/7/89_and
26/3/90

DIR.90/168

OJ L 92 of 7/4/90

ADOPTED 22/1/90

DIR. 90/44

OJ L 27 of 31/1/90

COMMENTS : Implementation date : 22/1/92
(a new proposal - COM(91)90 : OJ C 103 of 19/4/91 - concerning amendment
of the implementation provisions has recently been submitted to Council)

61. Amendment to Annex to Dir. 79/117 on the
banning of the marketing and use of
phytopharmaceutical products containing
certain active substances

ADOPTED 15/10/90

DIR. 90/533

OJ L 296 of 27/10/90

COMMENTS : Implementation:
All aspects except that mentioned below: 30/12/90 Compound under section
C,8 of Annex to Dir.79/117, 30/9/91

62. Maximum levels for pesticide residues in
and on certain products of plant origin
including fruit and vegetables

COMMENTS: Implementation - 31/12/92

ADOPTED 27/11/90

DIR. 90/642

OJ L 350 of 14/12/90

12

IL CONTROL OF INDIVIDUALS

63. Sixth Directive relative to allowances in
intra-Community travel: increase to 350
ECUS

ADOPTED 8/7/85

Dir. 85/348

OJ L 183 of 16/7/85

COMMENTS : Implementation date : 1/10/1985;
Certain DEROGATIONS for Denmark, Greece and Ireland.

NB: a further decision in this domain was taken on 21/12/1988 which increased
the allowance to 390 ECU - Dir. 88/664. OJ L 382 of 31/12/1988,
implementation date 1/7/89: certain DEROGATIONS for Denmark, Greece and
Ireland.

64. Tax reliefs to be allowed on the importation
of goods in small consignments of a noncommercial character within the Community:
up to 100 ECU

ADOPTED 8/7/85

Dir.85/349

OJ L 183 of 16/7/85

COMMENTS : Implementation date: 1/10/1985. DEROGATION for Ireland.
NB: A further decision in this domain was taken on 21/12/1988 increasing the
allowance to 110 ECU -Dir.88/663. OJ L 382 of 31/12/88, implementation:
1/7/89: DEROGATION for Ireland.

65. Small consignments: exemption from VAT ADOPTED 13/6/88
on the final importation of goods Dir. 88/331
(amendment to Directive 83/181 determining OJ L 151 of 17/6/88
the scope of Article 14(1 )(d) of Directive
77/388)

COMMENTS : Implementation date: 1 January 1989

66. Modification to Dir. 83/183 (tax exemptions ADOPTED 23/11/89
applicable to permanent imports from a DIR.89/604
Member State of the personal property of OJ L 348 of 29/11/89
individuals)

COMMENTS : Implementation date: 1/7/1990

67. Amendment to Directive 69/169 increasing tax PARTIALLY ADOPTED
paid allowances in intra Community travel 27/3/91
and as regards a derogation granted to DIR. 91/191 OJ L 94 of
Denmark and Ireland relating to the rules 16/4/91
governing travellers' allowances on imports
COM(89)331

COMMENTS : Implementation - 8/4/91 for Article 1, points 4 & 5 (derogation
for Denmark and Ireland); 1/7/91 for remainder of Directive

13

PART TWO : THE REMOVAL OF TECHNICAL BARRIERS

I. FREE MOVEMENT OF GOODS

1. New approach in technical harmonization and standards policy

68. Simple Pressure Vessels ADOPTED 25/6/87
Dir. 87/404

OJ L 220 of 8/8/87

COMMENTS : Implementation date: 1/7/90
(Member States required to publish laws of compliance by 1/1/90)
The above Directive was amended on 17/9/1990 by DIR. 90/488, OJ L 270 of
2/10/90; optional application until 1/7/1992

69. Extension of information procedures on .
standards and technical rules (amendment to
Directive 83/189)

COMMENTS : Implementation date: 1 January 1989

70. Safety of toys

COMMENTS : Implementation date : 1/1/90

(publication date for laws of compliance
30/6/90)

ADOPTED 22/3/88

Dir.88/182

OJ L 81 of 26/3/88

ADOPTED 3/5/88

DIR.88/378

OJ L 187 of 16/7/88

71. Electromagnetic compatibility ADOPTED 3/5/89
DIR. 89/336

OJ L 139

of 23/5/89

COMMENTS : Laws of compliance must be published by 1/7/1991 whilst
implementation is due on 1/1/92

72. Machinery ADOPTED 14/6/89
DIR. 89/392

OJ L 183

of 14/6/89

COMMENTS : Implementation date: 31/12/1992

73. Personal protective devices

COMMENTS : Implementation date: 1/7/92

ADOPTED 21/12/89

DIR.89/686

OJ L 399

of 31/12/89

74. Electro-medical implantables ADOPTED 20/6/90
DIR.90/385

OJ L 189

of 20/7/90

COMMENTS : Implementation date 1/1/93. Optional application 1993 and 1994

14

75. Non-automatic weighing
instruments

COMMENTS : Implementation date : 1/1/93
Transitional period foreseen

ADOPTED 20/6/90

DIR. 90/384

OJ L 189

of 20/7/90

76. Gas appliances ADOPTED 29/6/90
DIR.90/396

OJ L 196

of 26/7/90

COMMENTS : Implementation date - 1/1/92 Transitional period up to
31/12/1995

**77.** Tests and certificates (Modules for the
various phases of the conformity assessment
procedures which are intended to be used in
the technical harmonisation directives)

COMMENTS

**r—**

Implementation not required

2. Sectoral proposals concerning approximation of laws

2.1. Motor vehicles

78. Type approval of motor vehicles and their
trailers (amendment to Directive 70/156)

COMMENTS : Implementation date : 1/10/88

ADOPTED 13/12/90
DEC. 90/683,
OJ L380 of 31/12/90

ADOPTED 25/6/87

DIR.87/358

OJ L 192 of 11/7/87

79.Gaseous emissions, passenger cars ADOPTED 3/12/87
Dir. 88/76

OJ L 36 of 9/2/88

COMMENTS : Implementation date : 1/7/88; The Commission has proposed a
consolidated Directive on passenger car emissions (COM(89)662 final) on which
the Council reached a Common Position on 4/3/91.

80. Gaseous emissions, commercial vehicles

ADOPTED 3/12/87

Dir. 88/77

OJ L 36 of 9/2/88

COMMENTS : Implementation date : 1/7/88
The Commission has made a proposal for a Directive including a second stage
for further reduction of gaseous pollutants and limit values for particulate
emissions (COM(90)174) on which the Council adopted a Common Position on
18 March 1991

15

81. Diesel particulates ADOPTED 16/6/88
DIR.88/436

OJ L 214 of 6/8/88

COMMENTS : Implementation date : 1/10/88
In the framework of the proposal for a consolidated directive on passenger car
emissions - COM(89)662 fin - the Commission has proposed a second stage for
further reduction in the limit values for particulate pollutant emissions of diesel
powered passenger cars. The Council reached a Common Position on 4/3/91

82. Motorcycle replacement exhaust systems ADOPTED 13/3/89
Dir. 89/235

O J L 9 8 of 11/4/89

COMMENTS : Implementation date : 1/10/1989

83. Motor vehicles - lateral protection ADOPTED 13/4/89
DIR.89/297
OJ L 124 of 5/5/89

COMMENTS : Implementation date : 30/10/89

84. Modification to Dir. 70/220 (limit values for
vehicles below 1400 cc)

ADOPTED 18/7/89

DIR. 89/458

OJ L 226 of 3/8/89

COMMENTS : Implementation date : 1/1/1990; the Commission has proposed a
consolidated Directive on passenger car emissions (COM(89)662 final) to bring
into line with Dir. 89/458 the requirements for medium and large passenger
cars. The Council reached a Common Position on 4/3/91.

2.2. Tractors and agricultural machines

85. Rollover protection structures (incorporating
two pillars and mounted in front of the
driver's seat on narrow-track wheeled
agricultural and forestry tractors

COMMENTS : Implementation date : 25/6/89

86. Modification of framework directive 74/150

COMMENTS : Implementation date : 31/12/1988

87. Certain components and characteristics of
wheeled agricultural or forestry tractors
(weight and dimensions, drive-shaft, engine
stopping device, windscreen wipers,
footrest)

COMMENTS : Implementation date : 31/12/89

ADOPTED 25/6/87

Dir.87/402

OJ L 220 of 8/8/87

ADOPTED 3/5/88

Dir.88/297

OJ L 126 of 20/5/88

ADOPTED 21/12/88

DIR.89/173

OJ L 67 of 10/3/89

16

2.3. Food law

88. Coffee extracts
(modification)

chicory extracts ADOPTED 19/12/85
Dir.85/573

O.J. L 372 of 31/12/85

COMMENTS : Member States to take necessary measures (a) by 1/1/87 as far
as trade in products that conform to present directive is concerned; (b) by
1/7/88 as far as trade in products that do not conform to present directive is
concerned

89. Simulants (plastic materials in contact with
foodstuffs)

COMMENTS : Member States shall :

ADOPTED 19/12/85

Dir.85/572

OJ L 372 of 31/12/85

- permit trade in and use of plastics, materials and articles complying with this
Directive up to 1 January 1991

prohibit trade in and use of plastics, materials and articles intended to come
into contact with foodstuffs and which do not comply with this Directive as
from 1 January 1993

90. General Directive on sampling and methods
of analysis

COMMENTS : Implementation date : 22/12/87

ADOPTED 20/12/85

Dir.85/591

O.J. L 372 of 31.12.85

91. Preservatives (modification) ADOPTED 20/12/85
Dir. 85/585

O.J. L 372 of 31.12.85

COMMENTS : Implementation date : 31.12.1986

92. Emulsifiers (modification)

COMMENTS : Implementation date : 26/3/88

93. Obligation to indicate ingredients and
alcoholic strength

ADOPTED 24/3/86

Dir.86/102

O.J. L 88 of 3/4/86

ADOPTED

26/5/86

Dir.86/197

OJ L 144

of 29/5/86

COMMENTS : Member States to modify (if necessary) their legislation in order

to :

   - permit trade in products which comply with this Directive by 1 May 1988 at
the latest;

   - prohibit trade in products which do not comply with this Directive as from 1
May 1989

94. Extraction solvents ADOPTED 13/6/88

DIR.88/344

OJ L 157

of 24/6/88

COMMENTS : Implementation date : 12/6/91

17

95. Flavourings ADOPTED 22/6/88
DIR.88/388

OJ L 184 of 15/7/88

COMMENTS : Implementation date : 21/12/89
(marketing of goods complying with the directive shall be permitted by
22/6/90 whilst marketing of goods npl complying with the directive shall be
prohibited by 22/6/91)

96\ Jams : ADOPTED 18/11/88

DIR;88/593
OJ L 318 of 25/11/88

COMMENTS: Member States to take measures in order to : - permit trade in
products which comply with this directive by 31/12/89: - prohibit trade in
products which p!p_ npl comply with this directive by 1/1/91.

97. Frozen foods ADOPTED 21/12/88

DIR.89/108

OJ L 40 of 11/2/89

COMMENTS : Member States to take measures in order to : - permit trade in
products which comply with this directive by 10/7/1990; - prohibit trade in
products which do not comply with this directive 10/1/1991

_9S._ Food additives ADOPTED 21/12/88

DIR.89/107

OJ L 40 of 11/2/89

COMMENTS : Implementation date : 28/6/1990
(Member States to take measures to permit trade in products complying with
this directive by 28 December 1990 and to prohibit trade in products not
complying with this Directive by 28 December 1991)

99! Materials in contact with foodstuffs ADOPTED 21/12/88

DIR.89/109

OJ L 40 of 11/2/89

COMMENTS : Member States to take measures to :

   - permit trade in goods which comply with this directive by 10/7/1990;

    - to prohibit trade in goods which do not comply with this directive by
10/1/1992

100. Food for particular nutritional uses ADOPTED 3/5/89
DIR. 89/398

OJ L 186

of 30/6/89

COMMENTS : Implementation dates :

   - trade in goods complying with the directive to be permitted by 16/5/1990

   - trade in goods not complying with the directive to be prohibited by
16/5/1991

18

101. Definition, description and presentation of ADOPTED 30/5/89
spirit drinks REG. 1576/89
OJ L 160

of 29/5/89

COMMENTS : The Regulation entered into force on the third day after its
publication in the Official Journal of the European Communities (15/6/89):
Application from 15/12/1989 except for Articles 13 to 16 which apply from
15/6/1989

102. Official control of foodstuffs ADOPTED 14/6/89

DIR. 89/397

OJ L 186

of 30/6/89

COMMENTS : Implementation date : 20/6/1990 Application date : 20/6/91

103. Fruit juices and similar products (third ADOPTED 14/6/89
amendment to Dir.75/726) DIR. 89/394
OJ L 186

of 30/6/89

COMMENTS :

   - trade in goods complying with the directive to be permitted by 14/6/1990

   - trade in goods not complying with the directive to be prohibited by
14/6/1991

104. Labelling, presentation and advertising of ADOPTED 14/6/89
foodstuffs for sale to the ultimate consumer DIR.89/395
(amendment to Dir. 79/112) OJ L 186
of 30/6/89

COMMENTS :

   - Trade in goods complying with this Directive to be permitted by 20/12/1990

   - Trade in goods not complying with this Directive to be prohibited by
20/6/1992

105. Nutrition labelling" rules ADOPTED 24/9/90
DIR. 90/496

OJ L 276

of 6/10/90

COMMENTS :

   - Trade in goods complying with this measure to be permitted by 1/4/92

   - Trade in goods not complying with this measure to be prohibited by 1/10/93

2.4. Pharmaceuticals **and** high-technology medicines

106. Proposal for Directive concerning the
placing on the market of high-technology
medicinal products incl. those derived from
biotechnology

ADOPTED 22/12/86

Dir.87/22

OJ L 15 of 17/1/87

COMMENTS : Implementation date : 1/7/87

19

**107.** Proposal amending Directive 75/318/EEC Idem
concerning the testing of medicinal products DIR 87/19

COMMENTS : Implementation date : 1/7/87;
DEROGATION for Portugal under the Treaty of Accession until 1/1/91

**108.** Proposal amending Directive 81/852/EEC
concerning veterinary medicinal products

COMMENTS : Implementation date : 1/7/87

**109.** Proposal for a Council Directive amending
Directive 65/65/EEC concerning medicinal
products

idem

DIR 87/20

ADOPTED 22/12/86

DIR 87/21

OJ L 15 of 17/1/87

COMMENTS : Implementation date : 1/7/87
DEROGATIONS for Greece, Portugal and Spain until 1/1/92

**110.** Proposal for a Council Recommendation
concerning tests relating to the placing on
the market of medicinal products

ADOPTED 9/2/87

REC.87/176

OJ L 73 of 16/3/1987

COMMENTS : No implementation period required for this recommendation

**111.** Membership of the European Pharmacopeia ADOPTED 26/5/87

COMMENTS : This adoption enabled the Commission to negotiate membership
on behalf of the 12 Member States; the Community joined in September 1989.

112. Price transparency in the prices
medicines and social security refunds

of ADOPTED 21/12/88

DIR.89/105

OJ L 40 of 11/2/89

COMMENTS : Implementation date : 31/12/89

**113.** Extension of directives to medicinal
products not already included : proprietary
medicinal products (Dir. 341/89);
immunological medicinal or serums and
allergens (Dir. 89/342); radiopharmaceuticals
(Dir. 89/343); medicinal products derived
from human blood or human plasma (Dir.
89/381)

ADOPTED 3/5/89

DIRS 89/341
89/342, 89/343
OJ L 142 of 25/5/89

and

14/6/89

DIR.89/381

OJ L 181

of 28/6/89

COMMENTS : Implementation dates : 1/1/92 (with progressive extension to
existing products by 31/12/1992)

**114.** Regulation concerning Community
procedure for the establishment of
maximum residue limits for veterinary
medicines
COMMENTS : Implementation date : 1/1/92

ADOPTED 25/6/90

REG.2377/90

OJ L 224 of

18/8/90

**20**

115. Amendment to Dir. 81/851 on
approximation of laws relating to veterinary
medicinal products

COMMENTS : Implementation date : 1/1/92

116. Extension of range of scope of Dir. 85/851
on veterinary medicinal products
(immunology)

COMMENTS : Implementation date : 1/1/92

2.5. Chemical products

117. Council Directive relating to restrictions on
the marketing and use of PCB's
(polychlorinated biphenyls)
COMMENTS : Implementation date : 30/6/86

118. Membership of the European Agreement on
detergents _._

ADOPTED 13/12/90

DIR.90/676

OJ L 373 of 31/12/90

ADOPTED 13/12/90
DIR.90/677, OJ L
373 of 31/12/90

ADOPTED 1/10/85

DIR 85/467

OJ L 269 of 11/10/85

ADOPTED 12/12/85

COMMENTS : The decision taken on 12/12/85 enables the Commission to
commence negotiations for the Membership of the European Agreement on
Detergents; there are no implementation requirements.

119. Council Directive relating to "Restrictions on
the marketing and use of asbestos"

COMMENTS : Implementation date : 31/12/87

ADOPTED 20/12/85

DIR.85/610

OJ L 375 of 31/12/85

120. Non-ionic detergents
existing Directive)

(modification of ADOPTED 10/3/86
DIR 86/94

OJ L 80 of 25/3/86

COMMENTS : Member States are being allowed to maintain exceptions to the
requirements concerning certain non-ionic agents included in detergents laid
down by Directive 73/404, the implementation date of which was 22/5/75,
until 31/12/89

121. Liquid fertilisers (amendment to directive
76/116)

ADOPTED 22/3/88

Dir 88/183

OJ L 83 of 29/3/88

COMMENTS : Implementation date : 25 March 1989

122. Classification, packaging and labelling of
dangerous preparations

COMMENTS : Implementation date : 8/6/91

123. Secondary fertilisers (amendment to
Dir.76/116 in respect of calcium,
magnesium, sodium and sulphur content of
fertilisers)

COMMENTS : Implementation date : 16 April 1990

ADOPTED 8/6/88

DIR.88/379

OJ L 187 of 16/7/88

ADOPTED 13/4/89

Dir. 89/284

OJ L 111 of 22/4/89

124. Oligo-elements in

COMMENTS : Im;

2.6 **Construction and co**

125. Tower cranes : pei

COMMENTS : Imj

126. Construction prodi

COMMENTS : Im

2.7. **Other items**

127. Tyre pressure gauj

COMMENTS : Imp

128. Household applianc

COMMENTS : Imp

129. Hydraulic diggers (

COMMENTS : Impl
NB : 6 years after ii

130. Protection of hotels

COMMENTS : Mea

Member States to re

taken in accordance

131. Directive on prodi
be other than they
or safety of consum

COMMENTS : Impl

**22**

132. Modification to Directive 84/538 on lawn

mower noise

COMMENTS : Implementation date : 1 July 1991

133. Indication of prices of non-foodstuffs

COMMENTS : Implementation date : 7/6/90

134. Indication of prices of foodstuffs

COMMENTS : Implementation date : 7/6/90

135. Good laboratory practices : non-clinical
testing of chemicals

ADOPTED 22/3/88

Dirs 88/180

& 88/181

OJ L 81 of 26/3/88

ADOPTED 7/6/88

Dir. 88/314

OJ L 142 of 9/6/88

ADOPTED

7/6/88

Dir.88/315

OJ L 142 of 9/6/88

ADOPTED 7/6/88

Dir.88/320

OJ L 145 of 11/6/88

COMMENTS : Implementation date : 1 January 1989

136. Cosmetics ADOPTED 21/12/88

DIR.88/667

OJ L 382 of 31/12/88

COMMENTS : Implementation date : 31/12/89

**23**

II PUBLIC PROCUREMENT

137. Coordination of procedures on the award of
public supply contracts (amendment of
directive 77/62) and deletion of certain
provisions of directive 80/767

ADOPTED 22/3/88

Dir.88/295

OJ L 127 of 20/5/88

COMMENTS : Implementation date : 1/1/89;
DEROGATIONS for Greece, Portugal & Spain until 1/3/92

138. Amendment to Dir. 71/305 concerning
coordination of procedures for the award of
public works contracts

ADOPTED 18/7/89

DIR. 89/440

OJ L 210 of 21/7/1989

COMMENTS : Implementation date : 19/7/1990 DEROGATIONS for Greece,
Spain and Portugal until 1/3/1992

139. Public procurement
(remedies)

COMMENTS : Implementation date 21/12/91

ADOPTED 21/12/89

DIR. 89/665

OJ L 395 of 30/12/89

140. Public proclirement (excluded sectors) ADOPTED 17/9/90
DIR.90/531

OJ L 297 of 29/10/90

COMMENTS : Implementation :
Measures to be ready for compliance : 1/7/92 Application : 1/1/93
DEROGATIONS : Spain to 1 /1 /96 Greece & Portugal to 1/1/98

**24**

III. FREE MOVEMENT FOR LABOUR AND THE PROFESSIONS

141. Comparability of vocational training ADOPTED 16/7/85
qualifications Dec.85/368
OJ L 199 of 31/7/85
COMMENTS : First results (in 6 sectors) of the comparability procedure were
published in 1989 and in 1990; an interim report was published by the
Commission in June 1990 and a Council Resolution adopted on 26 November
1990.

142. Coordination of provisions in respect of ADOPTED 16/9/85
certain activities in the field of pharmacy DIR 85/432
& DEC 85/434/EEC

OJ L 253 of 24/9/85

COMMENTS : Implementation date DIR 85/432 - 1/10/87: Decision 85/434
concerned the creation of an Advisory Committee on Pharmaceutical Training
within the Commission

143. Mutual recognition of diplomas in pharmacy ADOPTED 16/9/85
Dir. 85/433

OJ L 253 of 24/9/85

**i**
COMMENTS : Implementation date : 1/10/87.
DEROGATION for Greece : 10 years after entry into force the Commission
must make proposals aiming at the extension of mutual recognition of diplomas
to self-employed pharmacists A directive including SPAIN and PORTUGAL in
this measure was adopted in 1985 - Dir. 85/584 - and published in OJ L 372
of 31/12/85

144. University/Industry Cooperation in the field ADOPTED 24/7/86
of new technologies (COMETT) Dec.86/365
OJ L 222 of 8/8/1986

COMMENTS : Implementation : preparatory phase 1986; operation of
programme 1987-1989; COMETT II adopted 16/12/88 (OJ L 13 of 17/1/89 implementation 1990/1994);
Commission report on 1989 activities published 11 April 1990 - COM(90)119;
Report on COMETT I (1987-1989) in preparation and due for publication
beginning June 1991

145. Specific training in general medical practice ADOPTED 15/9/86
Dir.86/457

OJ L 267 of 19/9/86

COMMENTS : Implementation date : 1/1/90 (see Article 1); 1/1/95 (see
Article 7)

146. Coordination relating to commercial agents ADOPTED 18/12/86
DIR 86/653

OJ L 382 of 31/12/86

COMMENTS : Implementation date : 1/1/90;
DEROGATION for ITALY concerning the provisions on the ending of commercial
agents contracts (Article 17) to 1/1/93: DEROGATION for IRELAND and the
llK.to 1/1/94

25

147. Regulated professions : General system for
the mutual recognition of higher education
diplomas awarded on completion of
professional education and training of at
least 3 years* duration

ADOPTED 21/12/88

DIR.89/48

OJ L 19 of 24/1/89

COMMENTS : Implementation date : 3/1/91 (a report on the state of
application of the general system will be submitted by the Commission within 5
years of the date of implementation)

148. Right of residence - retired persons

COMMENTS : Implementation date - 30/6/92

149. Right of residence general directive

COMMENTS Implementation date 30/6/92

150. Right of residence - students

COMMENTS : Implementation date - 30/6/92

IV. COMMON MARKET FOR SERVICES

1. FINANCIAL SERVICES

1.1 Banks

ADOPTED 28/6/90
DIR.90/365

OJ L 180 of 13/7/90

ADOPTED 28/6/90

DIR.90/364

OJ L 180 of 13/7/90

ADOPTED 28/6/90

DIR.90/366

OJ L 180 of 13/7/90

151. Accounts of banks ADOPTED 8/12/86

DIR 86/635

OJ L 372 of 31/12/86

COMMENTS : Implementation date : 31/12/1990
(facility for Member States to apply implementing rules for the first time for
financial year accounts beginning 1993)

152. Foreign branches [1] accounts : banks

ADOPTED 13/2/89

Dir. 89/117

OJ L 44 of 16/2/89

COMMENTS : Implementation date : 1/1/1991
(facility for Member States to provide that provisions shall apply for the first
time to annual accounts for the financial year beginning on 1/1/93 or during
the calendar year 1993)

153. Own funds - banks

COMMENTS : Implementation date : 1/1/1991

ADOPTED 17/4/89

DIR. 89/299

OJ L 124 of 5/5/89

26

154. Taking up and pursuit of the business of
credit institutions and amendment to Dir.
77/780 (2nd banking directive)

COMMENTS : Implementation date 1/1/93

ADOPTED 15/12/89

DIR.89/646

OJ L 386 of 30/12/89

155. Solvency ratio for credit institutions ADOPTED 18/12/89
DIR.89/647

OJ L 386 of 30/12/89

COMMENTS : Implementation date 1/1/91 DEROGATIONS for Germany,
Greece and Denmark on mortgage credits aspect to 1 /1 /96 and for Greece on
application of 8% ratio until 1/1/2000

Recommendation on the setting up of a
guarantee system of deposit within the
Community

ADOPTED 22/12/1986

Commission

Recommendation

87/63

OJ L 33 of 4/2/1987

COMMENTS : Implementation requirements do not apply
(Directive in preparation)

Recommendation on control of large

exposures

ADOPTED

22/12/1986

Commission

Recommendation

87/62

OJ L 33 of 4/2/1987

COMMENTS : Implementation requirements do not apply
(Directive in preparation)

Recommendation on transparency of banking
conditions for financial cross border

transactions

ADOPTED 14/2/1990

Commission

Recommendation

90/109 OJ L 67 of 15/3/90

COMMENTS : Implementation requirements do not apply

**27**

1.2 **Insurance**

156. Coordination of laws relating to legal
expenses insurance

COMMENTS : Implementation date : 31/12/89
Application date : 1/7/90

157. Credit insurance

COMMENTS : Implementation date : 31/12/89
Application date : 1/7/90

ADOPTED 22/6/87

Dir.87/344

O J L 185 of 4/7/87

ADOPTED 22/6/87

Dir.87/343

OJ L 185 of 4/7/87

**158.** Non-life insurance (2nd directive) ADOPTED 22/6/88
Dir.88/357

OJ L 172 of 4/7/88

COMMENTS : Implementation date : 1/1/90; Application date : 30/6/90
Some DEROGATIONS for Spain (1.1.97); Greece, Ireland and Portugal
(1.10.98) j

159. 3rd directive on motor vehicle insurance ADOPTED 14/5/90

DIR.90/232

OJ L 129 of 19/5/90

COMMENTS : Implementation date : 31/12/92
DEROGATIONS for Greece, Spain and Portugal until 31/12/95 for Articles 1
and 2; DEROGATIONS for Ireland until 31/12/98 regarding pillion passengers
of motorcycles under Article 1 until 31/12/95 to comply with Article 1 as
regards other vehicles and to comply with Article 2

160. Motor liability insurance (amendments to
Directives 73/239 and 88/357)

COMMENTS : Implementation date - 20/5/92

ADOPTED 8/11/90

DIR. 90/618

OJ L 330 of 29/11/90

Application date - 20/11/92
The Mass Risks aspect of the directive (home country control) will only enter into
force after adoption of the 3rd non-life directive; as a result, the mass risks régime
foreseen in the 2nd non-life directive (Dir. 88/357) will not be entirely applicable
**until** the 3rd non life directive has been implemented.

161. Life insurance - freedom to supply services
(amendment to Dir. 79/267)

COMMENTS : Implementation date - 20/11/92

ADOPTED 8/11/90

DIR. 90/619

OJ L 330 of 29/11/90

Application date      - 20/5/93
Transitional arrangements : Certain transitional provisions will apply for
SPAIN until 31/12/95 and GREECE and PORTUGAL until 31/12/98 and for

all Member States until 31/12/94

28

1.3 Transactions in securities

162. Collective investment undertakings for
transferable securities (UCITS)

ADOPTED 20/12/85

DIR 85/611

OJ L 375 of 31/12/85

COMMENTS : Implementation date : 1/10/1989
(Member States may grant additional period of 12 months to comply with those
rules for UCITS existing on that date; DEROGATIONS for Greece and
Portugal to postpone application up to 1/4/1992.)

163. Mutual recognition of admission prospectus
(amendment to Dir. 80/390)

ADOPTED 22/6/87 Dir.

87/345 OJ L 185 of

14/7/87

COMMENTS : Implementation date - 1/1/90; DEROGATIONS for Spain (to
1/1/91) and Portugal (to 1/1/92)

164. UCITS Directive special measures
concerning certain investments (amendment
to Directive 85/611)
COMMENTS : As at No. 162 above

165. Information [1] to be published when major
holdings are acquired or disposed of

ADOPTED 22/3/88

Dir.88/220

OJ L 100 of 19/4/88

ADOPTED 12/12/88

DIR. 88/627

OJ L 348 of 17/12/88

COMMENTS : Implementation date : 1 January 1991

166.Prospectus to be published when securities
offered for sale to the public

COMMENTS : Implementation date : 17/4/1991

167. Coordination of regulations on Insider
Trading

COMMENTS : Implementation date 1/6/1992

168. Mutual recognition of public offer
prospectuses (amendment to Dir.80/390)

COMMENTS : Implementation date : 17/4/91

ADOPTED 17/4/89

DIR. 89/298

OJ L 124 of 5/5/89

ADOPTED 13/11/89

DIR.89/592

OJ L 334 of 18/11/89

ADOPTED 23/4/90

DIR. 90/211

OJ L 112 of 3/5/90

**(8)**

29

2. TRANSPORT

169. Maritime transport : 1. freedom to provide
services in the sea transport sector, (a)
between M.States and between M.States and
third countries (b) within M.States 2.
application of Arts 85 & 86 of Rome Treaty
to maritime transport 3. unfair pricing
practices 4. Coordinated action to safeguard
free access to cargoes in oceanic trades
COM(85)90,COM(89)266

PARTIALLY

ADOPTED

22/12/86

REGS:

1(a) : 4055/86
2 : 4056/86

1 : 4057/86

4 : 4058/86

Kb) : NOT ADOPTED
OJ L 378

of 31/12/86

COMMENTS : Implementation dates : REG. 4055 : 1/1/87; 4056 - 4058 :
1/7/87; Commission proposal - COM(89)266    - relates to cabotage (lb) and
modifies COM(85)90.

170. Fares for scheduled air services ADOPTED 14/12/87

Dir. 87/601

OJ L 374 of

31/12/87

COMMENTS : Implementation date : 31/12/87

171. Air transport : sharing of passenger capacity
and market access

COMMENTS : Implementation date : 1/1/88

172. Air transport : application of Articles 85 and
86 (rules of competition)

COMMENTS : Implementation date : 1/1/88

ADOPTED 14/12/87

Dec.87/602

OJ L 374

of 31/12/87

ADOPTED 14/12/87
Reg. 3975/87
OJ L 374 of 31/12/87

173. Road transport : Community
(amendment to Regulation 3164/76)

quota ADOPTED 21/6/88
Reg. 1841/88
OJ L 163 of 30/6/88

COMMENTS : Implementation date : 1/7/88
Measures for definitive regime to be decided and implemented by 31/12/92

174. Road transport - goods (freedom to provide
services)

ADOPTED 21/12/89

REG.4059/89

OJ L 390 of 30/12/89

COMMENTS : Implementation date : 1/7/90
(this Regulation will last until 31/12/92 by which time the definitive cabotage
system will have been adopted and will take effect from 1/1/93)

**30**

175. Air fares and passenger capacity ADOPTED 24/7/90
REG. 2342/90

REG. 2343/90

OJ L 217 of 11/8/90

COMMENTS : Implementation dates : 1/11/90
NB : REG. 2342 relates to air fares whilst REG. 2343 relates to passenger
capacity and access for air carriers

3 - NEW **TECHNOLOGIES AND** SERVICES

176. Pan European mobile telephones ADOPTED 25/6/87
Rec. 87/371

Dir. 87/372

OJ L 196 of 17/7/87

COMMENTS : Implementation date : Directive 87/372 - 25/12/88
Recommendation 87/371 - Commission to be informed each year from end
1989 onwards of progress in implementation of the recommendation

177. Establishment at Community level of a
policy and i plan of priority action for the
development of an information services
market

COMMENTS : Implementation date : 26/7/88

178. Broadcasting activities

COMMENTS : Implementation date 3/10/1991

179. Open network provision

COMMENTS : Implementation date - 1/1/91

180. Type approval of

telecommunications terminal
equipment

ADOPTED 26/7/88

DEC.88/524

OJ L 288 of 21/10/88

ADOPTED 3/10/89

DIR.89/552

OJ L 298 of 17/10/89

ADOPTED 28/6/90

DIR.90/387

OJ L 192 of 24/7/90

ADOPTED 29/4/91

DIR. 91/263 OJ L 128 of

23/5/91

COMMENTS : Implementation date - 6/11/1992 (18 months after notification)

- Recommendation on a European Code of
Conduct relating to electronic payment
(relations between financial institutions
traders and service establishments and
consumers)

COMMENTS : No implementation requirements

ADOPTED 8/12/87

Commmission

Recommendation

87/598

OJ L 365 of 24/12/87

31

V - CAPITAL MOVEMENTS

181. Liberalisation of units in collective
investment under-takings for transferable
securities

COMMENTS : Implementation date : 1/10/89;

ADOPTED 20/12/85

DIR. 85/583

OJ L 372 of 31/12/85

DEROGATION for Portugal to 31/12/1990

182. Liberalisation of operations such as
transactions in securities not dealt in on a
Stock Exchange, admission of securities on
the capital market and long-term
commercial credits

ADOPTED 17/11/86

DIR 86/566

OJ L 332 of 26/11/86

COMMENTS : Implementation date : 28/2/87;
Spain and Portugal may, in connection with the Act of Accession, postpone
liberalisation until respectively - 1/10/1989 (already liberalised) and
31/12/1990 for transactions on units in collective investment undertakings in
transferable securities,

    - 31/12/1990 and 31/12/1992 for other transactions liberalised
NB : Greece has been allowed to extend the DEROGATION in this field (in
accordance'with Article 108 of the Treaty of Rome) to some of the above
liberalised operations until 31/12/1990. However, operations representing
inflows of capital and long term commercial credits have been liberalised from
28/2/1987

183. Liberalisation of capital movements ADOPTED 24/6/88
DIR.88/361

OJ L 178 of 8/7/88

COMMENTS : Implementation date : 1/7/1990
DEROGATIONS until the end of 1992 for Greece, Ireland, Spain and Portugal
concerning short-term capital movements and for Belgium and Luxembourg
concerning the dual exchange market system.

VI - CREATION OF SUITABLE CONDITIONS FOR INDUSTRIAL

COOPERATION

1. Company law

184. Proposals for a Regulation
for a European Economic Interest Grouping

COMMENTS : Implementation date : 1/7/89

185. 11th Company law directive (disclosure
requirements for branches opened in a
Member State by certain types of company
governed by the law of another State)

COMMENTS : Implementation date 1/1/92

186.12th Company law directive on single member
private limited liability companies

COMMENTS : Implementation date - 1/1/92

ADOPTED 25/7/85
Reg.85/2137
OJ L 199 of 31/7/85

ADOPTED 21/12/89

DIR. 89/666

OJ L 395 of 30/12/89

ADOPTED 21/12/89 DIR.

89/667 OJ L 395 of

30/12/89

**32**

187. 4th and 7th company law directives - small
and medium sized enterprises and
consolidated and annual accounts
(amendment to Directives 78/660 & 83/349)

COMMENTS : Implementation date - 1/1/93

2. Intellectual and industrial property

188. Legal protection of micro circuits

COMMENTS : Implementation date : 7/11/87

189. Trademarks : first directive

COMMENTS : Implementation date : 28/12/1991
to 31/12/92 included in the decision)

190. Legal protection of computer

programmes

COMMENTS : Implementation date : 1/1/93

3. Taxation

191. Convention on elimination of double
taxation (adjustment of profits of associated
enterprises : arbitration procedure)

ADOPTED 8/11/90

DIR. 90/604 &

DIR.90/605

OJ L 317 of 16/11/90

ADOPTED 18/12/86

DIR. 87/54

OJ L 24 of 27/1/87

ADOPTED 21/12/88

DIR.89/104

OJ L 4 0 of 11/2/89

(facility to defer above date

ADOPTED 14/5/91

DIR. 91/250 OJ L 122 of

17/5/91

ADOPTED 23/7/90

DOC. NO 90/436

OJ L 225 of 20/8/90

COMMENTS : The Convention is expected to be ratified within the
implementation deadlines (1/1/92) for the following 2 items listed below

192. Common system of taxation applicable to
parent companies and their subsidiaries

ADOPTED 23/7/90

DIR. 90/435

OJ L 225 of 20/8/90

COMMENTS : Implementation date : 1/1/92
Derogations : Greece until corporate taxation on distributed gains no longer
applied by that Member State;
Certain derogations for Germany until mid 1996 at the latest and for Portugal
until the end of $ie 8th year following the implementation of this directive

193. Common system of taxation of mergers
divisions and contributions of assets

ADOPTED 23/7/90

DIR. 90/434

OJ L225 of 20/8/90

COMMENTS : Implementation date : 1/1/92
DEROGATION for Portugal to 1/1/93 (transfer of assets and exchange of shares)

**33**

PART III : THE REMOVAL OF FISCAL BARRIERS

1. V.A.T.

194. 13th VAT Directive concerning tax refunds
to persons not established in the Community

COMMENTS : Implementation date : 1/1/1988

195. 17th VAT Directive concerning the
temporary importation of goods other than
means of transport

ADOPTED 17/11/1986

DIR. 86/560

O J L 326 of 21/11/1986

ADOPTED 16/7/85

DIR. 85/362

OJ L 192 of 24/7/85

COMMENTS : Implementation date : 1/1/1986; DEROGATIONS for Germany
and Greece : carryover of application of certain articles

196. 18th VAT directive - abolition of certain
derogations provided for in Article 28(3) of
the 6th directive 77/388

COMMENTS : Implementation dates :

ADOPTED 18/7/89

DIR.89/465

OJ L 226 of 3/8/89

1/1/90 for Points 1, 3 to 6, 8, 9, 10, 12, 13, 14 of Annexe E end Points 3, 14
& 18 to 22 of Annex F 1/1/91 for Points 4, 13, 15 & 24 of Annex F

1/1/92 for Point 9 of Annex F
1/1/93 for Point 11 of Annex F;
DEROGATION to 1/1/94 for PORTUGAL - Points 3 & 9 of Annex F

2. EXCISE DUTIES

197. Harmonisation of the structure of excise
duties on alcoholic drinks authorising the
French Republic to derogate from Article 95
in applying a reduced rate of revenue duty
imposed on the consumption of "traditional"
rum produced in its overseas departments
and in metropolitan France

ADOPTED 19/4/88

Dec.88/245

OJ L 106 of 27/4/88

COMMENTS : The decision enables the derogation to continue until 31/12/92

TOTAL NUMBER OF PROPOSALS FINALLY ADOPTED BY COUNCIL : 193

TOTAL NUMBER OF PROPOSALS PARTIALLY ADOPTED BY COUNCIL : 4

```
                   ANNEX 2

                   TO SIXTH PROGRESS REPORT
                   31 May, 1991

 PROPOSALS SUBMITTED BY COMMISSION TO COUNCIL IN THE

CONTEXT OF THE COMPLETION OF THE INTERNAL MARKET WHICH
       STILL REQUIRE COUNCIL ADOPTION

     Proposals marked with an asterisk (*) were
     presented since the publication of the White
     Paper (14 June 1985)

     Proposals marked with two asterisks (**)
     await European Parliament Opinion or First
     Reading

     Where the Cooperation Procedure applies ;
     - FR indicates that Parliament has completed
      its First Reading

           CP indicates proposals upon which a
      Common Position has been reached

           8R indicates that Parliament has completed
      its Second Reading (Second Readings are
      delivered on Common Positions - Common
      Positions exist until final adoption by
      Council)

     Voting procedures are indicated in the
     Council column thus :
               U : unanimity
              QM : qualified majority
              SM : simple majority

```

```
      SUBJECT i Date of
                  Commission's
                  proposal

PART ONE THE REMOVAL OF PHYSICAL BARRIERS

I. CONTROL OF GOODS

1. Various controls

1. Duty free admission of fuel
  contained in the fuel tanks
  of commercial motor vehicles :
  lorries & coaches COM(84)17
  updated by COM(86)383 (lorries) [1984 ]

```

```
Projected date
of adoption by
Council

 PARTIALLY

 ADOPTED
 8/7/85
 Dir.85/347
 (coaches)
 1991
 (U)

```

```
2. Collection of trade statistics
  COM(88)810, COM(90)423
  COM(91)18

3. Shipment of radioactive wastes
  C0M(89)559, COM(90)328

2. Veterinary and phytosanitary controls

Veterinary Controls

4. Personnel responsible for
  inspection COM(81)504

5. Aujesky's disease and swine
  vesicular disease COM(82)529

6. Harmonised health and hygiene
   conditions : fish and fish
   products - health guarantees
   - nematodes COM(88)47, COM(89)428

  Formulation of directives relating
   to health problems relating to
   trade in dogs and cats (rabies)
   (proposal includes echinococcosis)
   COM(88)836

8. Transport of animals
   COM(89)322, COM(90)238

9. 2nd revision safeguard clause
   COM(89)493

10. Animal health problems - rodents
   COM(89)500

11. Animal fats

   COM(89)490

12. Products of animal origin    general hygiene rules
   COM(89)492

13. Poultry Meat - animal health
   conditions
   COM(89)507

```

```
1988* 1991
       (QM)

       FR

1989* 1991**
       (QM)

```

```
1981

```

```
1991

(QM)

```

```
1982 1991

       (QM)

1988* 1991
       (QM)

1988* PARTIALLY

      ADOPTED
      24/7/89
      (Pilot
      proj ect
      aspect)
      DEC.89/455
      1991

       (QM)

1989* 1991
       (QM)

1989* 1991

       (QM)

1989* 1991
       (QM)

1989* 1991

       (QM)

1989* 1991

       (QM)

1989* 1991**

       (QM)

```

```
14. Health rules for production and 1989* 1991**
  placing on the market of fresh (QM)
  meat and repealing Directive 64/433
  COM(89)673

15. Molluscs 1989* 1991**
  COM (89) 648 (QM)

16. Fish products - health and hygiene 1989* 1991**
   standards (QM)
   COM(89)645

17. Products of animal origin not 1989* 1991
   covered by existing directives : (QM)
   other species
   COM(89)658

18. Application of health standards to 1989* 1991**
   national products (QM)
   (modification of directive 77/99)
   COM(89)669
          i

19. Application of health standards to 1989* 1991**
   meat (Dir. 88/657) (QM)
   COM(89)671

20. Application of health standards to 1989* 1991**
   national products - modification of (QM)
   directive 71/118 (poultry)
   COM(89)668

21. Application of health standards to 1989* 1991
   national products (derogations) (QM)
   COM(89)670

22. Harmonised health conditions for 1989* 1991**
   production and trade in milk products (QM)
   COM(89)667

23.Heat treated milk 1990* Ï99Ï**"

  COM(89)672 (QM)

```

```
Phytosanitary Controls

24. Proposal for the placing of plant 1976 1991
  protection products on thé market (QM)
   (including guidelines for checking
   requirements in connection with
   the approval of plant protection
   production incorporated
   in modifying proposal)
   COM(76)427, COM(89)34, COM(91)87

25. Organic farming 1989* 1991
   COM(89)552,COM(91)112 (QM)

26. Regulation on marketing of young 1989* 1991**
   plants of vegetables (QM)
   COM(89)649

27. Amendment to Dir. 77/93 on protec- 1989* 1991
   tive measures against the intro- (QM)
   ductioniinto Member States of
   organisms harmful to plants or
   plant products (rules of liability)
   COM(89)647

28. Amendment to Dir. 77/93 (including 1989* 1991
   simplification of annexes, alignment (QM)
   of 3rd country standards, alignment
   of national and intra-Community
   standards and phasing out of
   phytosantary certificates)
   COM(89)646

29. Regulation on the marketing of 1989* 1991**
   ornamental plants COM(89)650 (QM)

30. Regulation on the marketing of 1989* Î99Ï** [-]
   fruit plants (QM)
   COM(89)651

31. European plant breeders' rights 1990* 1992**
   COM(90)347 (QM)

```

```
II. CONTROL OF INDIVIDUALS

32. Directive on the easing of 1985 1991
  controls at intra-Community (U)
  Borders COM(84)749 & COM(85)224

33. Directive on the control of the 1987* 1991
  acquisition and possession of (QM)
  arms COM(87)383, COM(89)446 CP/SR
  COM(90)453

34.Proposal for a Directive amending 1987* 1991
  for the first time Dir. 83/182 on (U)
  temporary importation of certain
  means of transport
  (motor vehicles) COM(87)14,COM(88)297

35. Proposal for a directive amending 1989* PARTIALLY
  Directive 69/169 (to increase in ADOPTED
  real terms tax paid allowances 27/3/91
  in intra-Community travel) 1991 (U)
  COM(89)3i31, COM(90)76

```

```
PART TWO ; THE REMOVAL OF TECHNICAL BARRIERS

I. FREE MOVEMENT OF GOODS

1. New approach in technical harmonization and standards
  policy

36. Machines 1989* 1991
   (including lifting & loading) (QM)
   COM(89)624, COM(90)462 " CP/SR
   COM(91)167

2. Sectoral proposals concerning approximation of laws

2.1. Motor vehicles

37. Directive on safety glass for 1990* 1991
   use in motor vehicles (QM)
   COM(89)653 final, COM(91)38 FR

38. Directive on the approximation 1990* 1991
   of laws relating to masses and (QM)
   dimensions of certain motor FR
   vehicles COM(89)653 final,
   COM(91)38

39.Directive on the approximation 1990* 1991
   of laws relating to tyres for (QM)
   motor vehicles and their trailers FR
   COM(89)653 final, COM(91)38

2«3» Food law

40. Compulsory Nutrition labelling 1988* 1992
   COM(88)489 (QM)

                                FR

41. Irradiation of foodstuffs 1988* 1991

   COM(88)654 (QM)
   COM(89)576 FR

2.4. Pharmaceuticals and high-technology medicines

42. Proposed Directive on the 1990* 1991**
   wholesale distribution of (QM)
  medicinal products for human use
  COM(89)607

```

```
43. Proposed directive concerning 1990* 1991**
  the legal status for the (QM)
   supply of medicinal products for
  human use

  COM(89)607

44. Proposed directive on the labelling 1990* 1991**
   of medicinal products (QM)
   for human use and on package leaflets
   COM(89)607

II. PUBLIC PROCUREMENT

45. Public Procurement - services 1990* 1991
   COM(90)372 (QM)

                                FR

46. Public Procurement - excluded 1990* 1991
   sectors i(remedies) (QM)
   COM(90)297 FR

III. FREE MOVEMENT FOR LABOUR AND THE PROFESSIONS

47. Harmonisation of income 1979 1992
   taxation provisions with (U)
   respect to freedom of movement
   of .workers within the Community
   COM(79)737

48. Freedom of movement for workers 1988* .1991
   : residence permits (proposal (QM)
   for Directive and Regulation) FR
   C0M(88)815, COM(90)108

49. Regulated professions - higher 1989* 1991
   education of less than 3 years' (QM)
   duration FR

   COM(89)372

```

```
3IV. COMMON MARKET FOR SERVICES

1. FINANCIAL SERVICES

1-1 Banks

50. Directive on consolidated 1990* 1991**
  supervision (amendment to (QM)
   Dir. 86/635)
  COM(90)451

51. Directive on the adequacy of 1990* 1991**
   own funds for investment funds (QM)
   and credit institutions

   COM(90)141

1-2 Insurance

52. Annual accounts - insurance 1986* 1991
   undertakings COM(86)764 (QM)
   COM(89)474 FR

            i

53. Regulation on guarantees issued 1988* 1991
   by credit institutions and (QM)
   insurance undertakings FR
   COM(88)805, COM(90)567

54. 3rd non-life insurance directive 1990* 1991**
   (mass risks) (QM)
   COM(90)348

55. 3rd life insurance directive 1991* 1992**
   COM(91)57 (QM)

1-3 Transactions in securities

56. Investment services 1988* 1991

   COM(88)778 (QM)

                                FR

  TRANSPORT

57. Inland waterways: goods and 1985* 1991
   passengers. Freedom to provide (QM :
   services by non-resident carriers subject
   within a Member State to Art.

   COM(85)610 75(3))

```

```
58. Road transport : passengers
  Freedom to provide services by
  non-resident carriers within
  a Member State
  COM(87)31, COM(88)596

59. Maritime transport : goods and
  passengers : freedom to provide
  services in the sea transport
  sector within Member States
  cabotage)
  COM(85)90
  COM(89)266

60.Road transport : common rules for
  the international carriage
  of passengers by road
  COM(87)79, COM(88)595
  COM(88)^70

61. Directive for mutual acceptance
  of personnel licences and
  qualifications for the exercise
  of functions in civil aviation
  COM(89)472

```

```
1987* 1991
       (QM :
       subj ect
       to Art.
       75(3))

1985 1991
       PARTIALLY

       ADOPTED
       22/12/86
       (QM :
       subj ect
       to Art.
       75(3))
       Regs 4055
       to 4058

1987* 1991
       (QM :
       subj ect
       to
       Art.75(3))

 1989* 1991
       (QM)

```

```
10

```

```
VI - CREATION OF SUITABLE CONDITIONS FOR INDUSTRIAL

COOPERATION

1, Company law

62. Fifth Company 1990* 1991**
   Law Directive (structure of (QM)
   public limited companies)
   COM(72)887, COM(83)185
   COM(90)629

63. Tenth Directive concerning 1985 1991**
   cross-border mergers - (QM)
   COM(84)727

64. Statute for 1989* 1991
   a European Company (QM)
   COM(89)268, COM(91)174 FR

65. Take-over bids 1988* 1991
   (13th company law directive) (QM)
   COM(88)Q23, COM(90)416 FR

2. Intellectual and industrial property

66. Regulation on Community 1980 1991
   trade marks - COM(80)635 (U)
   & COM(84)470.

67. Regulation on 1985* 1991
   the rules needed for (QM)
   implementing the Community
   Trademark regulation
   COM(85)844

68. Regulation on rules of 1986* 1991
   procedure for the Boards (QM)
   of Appeal of the Community's
   Trade Mark office

   COM(86)731

69. Community trademark office - 1986* 1991
   regulation on fees (QM)
   COM(86)742

70. Legal protection of biotech- 1988* Ï99Ï**"
   nological inventions (QM)
   COM(88)496

```

**11**

**PART II : PROGRESS ON THE WHITE PAPER PROGRAMME**

30. The progress made in implementing the White Paper is assessed in terms of
the decision making process and Member States [1] application of decisions.

I. THE ABOLITION OF PHYSICAL FRONTIERS

31. As the Commission indicated in Its Article 8b report, it is in the area of the
abolition of physical frontiers that the credibility of the aim pursued to complete the
internal market as defined in Article 8a of the Treaty is not assured because basic
decisions have still to be taken regarding goods and because there are still
fundamental disagreements regarding the free movement of persons.

1. Controls on goods

32. Despite the political determination to press ahead with the abolition of
controls and formalities at intra-Community frontiers, basic decisions have still to be
taken to ensure that tax frontiers are dismantled. Progress to date has been limited
mainly to the abolition of customs checks and animal and plant health controls. In
other fields, such as controls on exports or on the importation of certain special
products (e.g. agricultural products, waste), much progress has still to be made,
although, as the Commission has always pointed out, as soon as the abolition of the
single administrative document is put into effect, specific controls will no longer be
possible owing to the disappearance of the administrative support for such controls.

33. ' Customs formalities: Work in this field can be regarded as having been
completed: the abolition of the transit arrangements and the single administrative
document in intra Community trade, which will come into force on 1 January 1993,
is an established fact and foreshadows the decisions to be taken regarding indirect
taxation. The Commission sees these two measures as signalling the political will to
abolish frontier checks and formalities and thus as triggering the necessary gradual
redeployment of the infrastructures and staff assigned to such checks and formalities.

34. The implementation of these measures is not problematic because of the
direct applicability of the legislation adopted, which does not therefore necessitate
transposition measures. The abolition, in intra Community trade, of the transit
advice note, which had hitherto to be produced at customs offices for products
moving under the transit arrangements, came into force in this way in July 1990.

35. Veterinary and plant health controls: Work has barely progressed since the
Article 8b report was drawn up, mainly because of the situation in Parliament.
Admittedly, 53 measures have been adopted, including two directives which, by
switching controls to the place of production or to the place of destination, will pave
the way for the abolition of frontier checks and the approval of plant protection
products. However, in order to establish the basic operating principle of the internal
market (namely recognition of controls in the country of origin) and thus to give
Member States of destination every guarantee, it will be necessary for the Council to
complete its work programme and to adopt the 28 proposals which are still on the
table and which cover the following main fields:

the Community regime for the approval of phytopharmaceutical products;

intra-Community trade and imports from third countries in respect of the
few products of animal origin and the few animals which have not yet been
covered;

the production and marketing rules which constitute the bulk of the
programme for ensuring recognition of controls in the country of origin;

```
                                     12

PART III t THE REMOVAL OF FISCAL BARRIERS

1. V.A.T.

73. Proposal for Council directive 1987* 1991**
   instituting a process of conver- (U)
   gence of rates of VAT and excise
   duties COM(87)324

74. Proposal on special schemes 1986* 1992
   for small business (U)
   COM(86)444; COM(87)524

75. 12th VAT Directive concerning 1982 1991
   expenditure on which tax is not (U)
   deductible - COM(82)870 &
   COM(84)84

76. 19th VAT Directive : 1984 1991
   miscellaneous supplementary (U)
   and amending provisions of
   Directijve 77/388/EEC
   COM(84)648, modified by
   COM(87)315

77. Directive on the stores of 1980 1991
   ships, aircraft and inter- (U)
   national trains
   COM(79)794

78. Approximation of VAT rates 1987* Ï99Ï**"

   COM(87)321 (U)

79. Abolition of fiscal frontiers 1987* 1991
   COM(87)322, COM(90)182, (U)
   COM(91)157

80. Completion of common VAT system & 1988* 1991
   modification to Articles 32 & 28 (U)
   of Dir. 77/388 (7th VAT dir.)
   COM(88)846

```

```
                                     13

2. EXCI8E DUTIES

81. General arrangements for products 1990* 1991**
   subject to excise duties and on (U)
   holding and movement of such
   products COM(90)431

82. Proposal for a directive on the 1990* 1991**
   structure of excise duties (U)
   on alcohlic drinks and"on alcohol
   contained in other products
   COM(90)432

83.Proposal for directive laying down 1985 1991
   certain rules on indirect taxes (U)
   which affect the consumption of
   alcoholic drinks COM(85)150

84. Structure of excise duties 1990* 1991**

   on manufactured tobacco

   COM(90)433 (U)
       j
85. Harmonization of 1990* 1991**
   excise duties on mineral oils (U)
   COM(90)434

86. Approximation of taxes on manufac- 1987* 1991**
   tured tobacco other than cigarettes (U)
   COM(87)326, COM(89)525/2

87. Approximation of taxes on cigarettes 1987* 1991**
   COM(87)325, COM(89)525/1 (U)

88. Approximation of the rates of 1987* 1991**
   excise duties on alcoholic (U)
   beverages and on the alcohol
   contained in other products
   COM(87)328, COM(89)527

89. Council directive on the approxi- 1987* 1991**
   mation of the rates of (U)
   excise duties on mineral oils
   COM(87)327, COM(89)526, COM(91)43

```

```
                                       ANNEX III
                                       31/5/91

           WHITE PAPER ON THE COMPLETION OF THE INTERNAL MARKET

LIST OF DIRECTIVES, REGULATIONS, DECISIONS AND RECOMMENDATIONS CONTAINED IN THE WHITE PAPER
    PROGRAMME WHICH ARE ALREADY IN FORCE OR DUE TO ENTER INTO FORCE BY 31/12/1991.

N.B. I = Implementing measures notified
   NI= Not incorporated into national law
   D = Derogation from imlementation date
   IR= Infringement procedure underway
   SO= Not applicable

```

```
Page 1

```

```
Measure Impl. date B 0 DK E I F EL I IRL L NL P UK Remarks

        REMOVAL OF PHYSICAL BARRIERS

          - Control of goods            Various controls

Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
REG 1674/87

Transit procedure simplification

```

```
1/07/88

```

```
REG 1797/86 1/01/88
Customs presentation charges (abolition)

REG 1900/85

SAO

REG 1901/85

SAD

```

```
REG 3690/86

TIR

```

```
1/07/87

```

```
REG 4060/89 1/07/90
Abolition of controls relating to transport (means and
documents)

```

```
directly applicable

directly applicable

directly applicable

directly applicable

directly applicable

directly applicable. Some adm.
measures should be taken by MS

directly applicable

```

```
REG 4283/88

Banalisation

```

```
1/07/89

```

```
Page 2

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
REG 474/90 1/07/90

Transit advice note abolition of lodgement (amendment to
Reg. 222/77)

DIR 85/347 1/10/85

Duty free fuel contained in fuel tanks of commercial

motor vehicles

       REMOVAL OF PHYSICAL BARRIERS

         - Control of goods      Veterinary and phytosanitary controls

```

```
directly applicable

```

```
I I I I I I I I I I I I

```

```
Measure Impl. date B D DK E F EL I IRLI L NL P UK Remarks

```

```
DIR 85/320 1/01/86

Swine fever

DIR 85/321 1/01/86

Swine fever

DIR 85/322 1/01/86

Swine fever

DIR 85/323

Microbioligical controls

DIR 85/324

Microbiological controls

```

```
I I I I I I I I I I I I

I I I I I I I I I I I I

I I I I 1 I IR I I I I I

I NI I I NI NI NI I NI NI I NI time for implementation not yet

                                fixed

NI NI NI I NI NI I NI NI NI I NI time for implementation non yet

                                fixed

```

**Page** **3**

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 85/325 1/01/86
Medical examination of personnel

DIR 85/326 1/01/86
Medical examination of personnel

DIR 85/327 1/01/86
Medical examination of personnel

DIR 85/358 1/01/87
Hormone growth promoters

DIR 85/397, 1/01/89
Production and trade in milk

DIR 85/511 1/01/87

Control of foot and mouth disease

DIR 85/574 1/01/87
Amendment to Directive 77/93 (plant health)

DIR 86/355 1/07/87
Amendment of Directive 79/117 (ethylene oxide)

```

```
I I I I I I IR I I I I I

I I I I I I I I I I NI I P : partial implementation

I I I I I I I I I I I I

I I I I I I I I I I I I

I I I IR I I I I I I I I E : partial implementation

I 1 I I I I I I I I NI I P : partial implementation

I I I I I I I I I I I I

I I I I I I SO I I I I I

```

**Page** **4**

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 86/362 30/06/88
Pesticide residues in cereals and foodstuffs of animal
origin

DIR 86/363 30/06/88
Pesticide residues in cereals and foodstuffs of animal
origin

DIR 86/469 31/12/88

Antibiotic residues - control of residues

DEC 86/649 16/12/86
African fever in Portugal

DEC 86/650 16/12/86
African swine fever in Spain

DIR 87/153 31/12/87
Fixing of guidelines for additives used in animal
foodstuffs

DEC 87/230 1/07/87

Classical swine fever and swine fever

DEC 87/231 31/12/87

Classical swine fever and swine fever

```

```
I I I I I I I I I I I I

I I I I I I I I I I I I

I I I I I I I I I I I I

SO SO SO SO SO SO SO SO SO SO I SO see art. 3

SO SO SO I SO SO SO SO SO so so so see art. 3

I I I I I I I I I I I I

                                directly applicable

                                directly applicable

```

**Page** **5**

```
Measure Impl. date B D DK E F EL I IRL L NL [ P UK Remarks

```

```
 DIR 87/328

 Classical swine fever and swine fever

DIR 87/486 31/12/87

Classical swine fever and swine fever

DIR 87/487 22/09/87

Classical swine fever and swine fever

DIR 87/488 31/12/88

Classical swine fever and swine fever

DIR 87/489 31/12/88
Classical swine fever and swine fever

DIR 87/491 1/01/88
Amendment to Directive 80/215 : intra-Community trade in
meat products

DEC 87/58 22/12/86
Eradication of tuberculosis, leukosis (bovine species)

DIR 88/146 1/01/88
Hormone growth promoters

```

```
I I I D I I I IR I IR I I E : derogation until 01.01.92

I I I I I I IR I I I I I

I NI NI I I I I NI I NI I NI implementation not required

NI NI NI NI NI NI NI NI NI NI NI NI Eradication plans to be submitted

I I I I I I IR I I I I I

I I I I I I IR I I I I I

SO SO SO I SO so so so so so I so Implementation compulsory only for
                                E & P. See art. 3.

I I I I I I I I I I I I

```

**Page** **6**

```
Measure Impl. date B D DK E F EL I IRL L NL 1 P UK Remarks

```

```
DIR 88/288 1/01/89
Amendment to Directive 64/433 : health problems intra Community trade in fresh meat

DIR 88/289 1/01/89
Amendment to Dir. 72/462 : imports of bovine animals
swine and fresh meat from third countries

DIR 88/380 1/07/90
Certification of seeds

DIR 88/407 1/01/90
Imports of frozen semen of bovine animals

DIR 88/572, 1/01/89
Amendment to Directive 77/93 (plant health)

DIR 88/658 1/07/90
Intracommunity trade of meat products (modification of
dir. 77/99)

DIR 88/661 1/01/91
Zootechnical standards - porcine species

DEC 89/145

PIeuro-pneumonia in Portugal

```

```
IR I I I I I IR I I I I I

IR I I I I I I I I I I I

I I I I I I IR IR IR I IR I implementation date : see art. 1

IR I I I I I IR IR IR I I I

I I I I I I I I I I I I

IR IR I IR I D IR IR IR IR I IR EL : derogation until 31/12/92

IR I I I I I I IR I IR D IR P : derogation until 01.01.93

SO SO SO SO SO SO SO SO SO SO I SO P : eradication plan

```

Page 7

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
 DIR 89/227 30/06/90
 Imports of meat products from third countries

 DIR 89/361 1/01/91
 Purebred breeding - sheep and goats

 DIR 89/366 31/03/89
 Seed potatoes (amendment to Dir. 64/403)

 DIR 89/437 31/12/91
 Hygiene and health problems affecting the production and
 the placing on the market of egg products

 DIR 89/439 - 1/01/90
 Protective measures concerning entry into Member States
-of organisms harmful to plants and plant products

 DEC 89/455

 Pilot projects for the control of rabies

— « — •

 DIR 89/556 1/01/91
 Animal health conditions governing intracommunity trade
 in and importation from third countries of embryos of
 bovine species

 DIR 89/608 1/07/91
 Mutual assist, betw. admin, authorities of MS & EEC to
 ensure correct applic. of legislation on veterinary &
 zootechnical matters

```

```
IR I I IR I IR IR IR IR IR I I

IR I I I I I IR IR IR IR IR IR

            I I implementation not required

I I I I I 1 I I I I NI I P: Partial implementation

                                Pilot projects to be submitted by
                                the MS

IR IR I IR I IR IR IR IR IR IR I

```

**Page** **8**

```
Measure Impl. date B 1 D DK E F 1 EL I IRL L NL P UK Remarks

```

```
DIR 89/662 31/12/91

Veterinary checks in intra-Community trade

DIR 90/167 1/01/91

Production and trade in medicated feeding stuffs

             — ... .

DIR 90/168 1/01/91

Organisms harmful to plants or plant products (Amendment
to DIR 77/93)

DEC 90/217

African swine fever in Sardegna

DEC 90/242

Brucellosis (sheep and goats)

DEC 90/424 25/06/90

Veterinary field expenditure

DIR 90/425 26/08/90

Veterinary and zootechnical checks in intra-Community
trade (live animals & products)

DIR 90/427 1/07/91

Zootechnical rules applicable to intra-Community trade

of horses

```

```
     I D EL : derogation until 31.12.92

I I IR IR IR IR I I IR NI NI I P: partial implementation

SO SO SO SO SO SO NI SO SO SO SO SO I : a 5 year eradication plan to

                                 be submitted

SO SO SO NI I NI NI SO SO SO I SO E, F, EL, I, P : eradication plan

                                 to be submitted

                                 Implementation not required

     I

```

```
Page 9

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

DIR 90/428 1/07/91
 Trade in equidae intended for competitions

                            _^___ _ _

DIR 90/429 31/12/91
Animal health requirements applicable to intra-community
trade in and imports of semen of the porcine species

```

```
DEC 90/495
Eradication of infectious haemopoietic necrosis of
salmonids in the Community

DIR 90/533 30/12/90
Placing in the market and use of plant protection
products containing certain active substances

DIR 90/667, 31/12/91
Disposal and processing of animal waste

DIR 91/132 1/08/91
Undesirable substances and products in animal nutrition

       REMOVAL OF PHYSICAL BARRIERS

        - Control of individuals 
```

```
NI NI NI NI I NI NI NI NI NI I I Eradication plans to be submitted
                                3 months after the adoption of the
                                decision

IR I SO I IR IR IR I I IR IR I Impl. date section C,8 of the
                                annex of the annex of the dir
                                 79/117: 30/9/91

                                This directive replaces the dir.
                                87/519/CS

```

```
Measure Impl. date B 0 DK E F EL I IRL L NL P UK Remarks

```

```
DIR 88/331 1/01/89
Small consignments - exemption from VAT on the final
importation of goods

```

```
I I I I I I IR IR I I I I

```

```
Page 10

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 88/663 1/10/85
Tax reliefs - small consignments of a non-commercial
character

DIR 88/664 1/10/85
Sixth Directive on allowances in intra-community travel
(Dir. 69/169)

DIR 89/604 1/07/90
Imports of personal property of individuals

CCC CC

Convention - Right of asylum

       REMOVAL OF TECHNICAL BARRIERS

        - Free movement of goods    New approach in technical harmonization and
            standards

```

```
I I I I I 1 IR I I I I I

I I I I I I IR I I I I 1 Derogatory measures: DK: 8.4.81;
                                 IRL: derogation until 31.12.91

I I I IR I I IR IR I I I IR

                                Ratification necessary by the
                                31.12.92

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 87/404 1/07/90
Simple pressure vessels

DIR 88/182 1/01/89
Amendment to Directive 83/189. Information procedures,

etc.

DIR 88/378 1/01/90
Safety of toys

```

```
I IR I IR I I IR IR IR IR IR IR

I I I I I I I I I I I I

I I I I I I IR I IR IR I I

```

```
Page 11

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DEC 90/683
Modules for various phases of conformity assessm.
procedures intended to be used in the technical
harmonisation directives

       REMOVAL OF TECHNICAL BARRIERS

        - Free movement of goods            Motor véhicules

```

```
Implementation not required

```

```
Measure Impl. date B D DK E F EL 1 IRL L NL P UK Remarks

```

```
DIR 87/358 1/01/90
Type approval of motor vehicles and their trailers
(Modif. Dir. 70/156)

                                                                                                   •

DIR .88/436 1/10/88
Diesel particulates

DIR 88/76 1/07/88
Gaseous emissions : passenger cars

DIR 88/77 1/07/88
Gaseous emissions : commercial vehicles

DIR 89/235 1/10/89
Motorcycle replacement exhaust systems

DIR 89/297 30/10/89
Motor vehicles - lateral protection

```

```
I I I I I I I I I I I I

I I I I I I I I I I I I

I I I I I I I I I I I I

I I I I I I I I I I I I

I I I I I IR I I I I I I

I I I I I I I I I I I I

```

```
Page 12

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 89/458 1/01/90
European standards on limit values for vehicles below
1400 cc

       REMOVAL OF TECHNICAL BARRIERS

        - Free movement of goods       Tractors and agricultural machines

```

```
I NI NI I I I I NI NI I I NI D, DK, IRL, L, UK : partial
                                implementation

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 87/402 25/06/89
Rollover protection structures

DIR 88/297 30/10/89
Modification of framework Directive 74/150

DIR 89/173 31/12/89
Implementation of Dir. 74/150, weight dimensions, etc.

       REMOVAL OF TECHNICAL BARRIERS
        - Free movement of goods              Food law

```

```
I I I I I I NI I I I I I

I I I I I I I I I I I I

I I I I I I I I I I I I

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
REG 1576/89 • 15/12/89
Spirit drinks

```

```
NI NI NI NI NI I NI NI NI NI I I

```

**Page** **13**

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 85/572 1/01/91
 Simulants (plastic materials and articles intended to
 come into contact with foodstuffs

DIR 85/573 1/01/87
Coffee and chicory extracts

DIR 85/585 31/12/86
Preservatives (modification)

DIR 85/591 22/12/87
Sampling and methods of analysis

DIR 86/102 26/03/88
Emulsifiers (modification)

DIR 86/197 1/05/88
Obligation to indicate ingredients and alcoholic strength

```

```
IR IR IR IR I IR IR IR IR IR I IR 1.1.91 free movement clause;
                               1.1.93 full application

I I I I I I I I I I I I 1.1.87 free movement clause;
                               1.1.88 full application

I I I I I I I I I I I I

I I I I I I I I I I I I

I I I I I I I I I I I I

I I I 1 I 1 I I I I IR I 01.05.88 free movement clause;
                                01.05.89 full application

```

```
DIR 88/344 12/06/91 I I I NI I : partial implementation
Extraction solvents used in the production of foodstuffs [-]

```

```
DIR 88/388 . 21/12/89
Flavourings

```

```
I I I I I I IR IR I I I I 22.6.90 free movement clause,
                                22.6.91 full application

```

**Page** **14**

```
                                                                                                                                            1
— — — B D DK E F EL I IRL L NL P UK Remarks
Measure Impl. date

```

```
DIR 88/593 31/12/89

Jams

DIR 89/107 28/06/90

Food additives in foodstuffs

DIR 89/108 10/07/90

Frozen foods

DIR 89/109 10/07/90

Materials in contact within foodstuffs

DIR 89/394 14/06/90
Fruit juices

DIR 89/395 20/12/90
Labelling, presentation and advertising of foodstuffs
for sale to the ultimate consumer

DIR 89/397 20/06/.2P

Official control of foodstuffs

DIR 89/398 • 16/05/90
Food for particular nutritional uses

```

```
I IR I I IR I I IR I IR IR I 31.12.89 free movement clause;
                               1.1.91 full application

I IR I IR I I IR IR IR IR I IR 28.12.90 free movement clause;
                                28.12.91 full application

I IR I IR IR IR IR IR I I I I 10.7.90 free movement clause;
                                28.12.91 full application

IR IR 1 I IR I IR IR IR I NI I 10.7.90 free movement clause;
                                10.1.92 full application. P:
                                partial implem.

I I I IR IR I I IR I NI I NI UK : partial implementation;
                                14.6.91 full application

I IR I IR I I IR IR IR IR IR I 20.12.90 free movement clause;
                                20.6.92 full application

I IR IR IR I IR IR IR IR IR IR I

I IR I IR IR I IR IR I NI I NI UK, NL: partial implementation.
                                16.5.91 full application

```

```
Page 15

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

       REMOVAL OF TECHNICAL BARRIERS

        - Free movement of goods    Pharmaceuticals and high-technology medicines

Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
REC 87/176
Tests relating to placing on the market of medical
specialities

DIR 87/19 1/07/87
Amendment to Dir. 73/318 - testing of medical
spec i ali t i es

DIR 87/21 1/07/87
Amendment to Dir. 65/65 concerning medical specialities

DIR 87/22
Placing on the market of high-technology medicinal
products including those derived from biotechnology

DIR 87/20 1/07/87
Amendment to Dir. 81/852 on veterinary medicinal products

 .

DIR 89/105 31/12/89
Price transparency in the prices of medicines & social
security refunds

```

```
                                Implementation not required

I I I IR I I I I I I I I

I I I I I D I I I I I I E, EL : derogation until 1.1.92

I I I IR I I I I I I I I

I I I I I I IR I I I I I

I 1 I I I I NI I I I I I I : partial implementation

```

```
Page 16

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

       REMOVAL OF TECHNICAL BARRIERS

        - Free movement of goods           Chemical products

Measure Impl. date B D DK E F EL 1 IRL L NL P UK Remarks

```

```
DIR 85/467 30/06/86
PCB's (polychlorinated biphenyls)

DIR 85/610 31/12/87

Asbestos

DIR 86/94 31/12/89
Non-ionic detergents

DIR 88/183 25/03/89
Liquid fertilisers

DIR 88/379 8/06/91
Classification, packaging and labelling of dangerous
preparations

DIR 89/284 16/04/90
Calcium, magnésium, sodium, sulphur content of
fertilisers

DIR 89/530 18/03/91
Thrace elements contained in fertilizers

```

```
I I I I I I I I I I I I

I I I I I I I I I I I I

I I I I I I IR I I I I I

I I I I I I IR I IR I I I

     I I I

I I I IR I IR IR IR IR I I IR

I 1 I IR I IR IR IR IR IR I IR

```

```
Page 17

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

       REMOVAL OF TECHNICAL BARRIERS

        - Free movement of goods      Construction and construction products

Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 87/405 25/06/89
Tower cranes : permissible sound levels

DIR 89/106 27/06/91
Construction products

       REMOVAL OF TECHNICAL BARRIERS

        - Free movement of goods            Other items

```

```
IR I I I I I IR I I I I I B : measures to be taken by
                                WalIonia

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR «6/217 30/11/87

Tyre pressure gauge

DIR 86/594 3/12/89
Household appliances - airborne noise

DIR 86/662 . 24/12/88
Hydraulic diggers (noise)

```

```
I I I I I I I I I I I I

IR I I I I I IR IR I IR I I

I I I I I I IR I IR I I I

```

**Page** **18**

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
 REC 86/666

 Protection of hotels against fire

DIR 87/357 26/06/89
Products which, appearing to be other than they are,
 endanger the health or safety of consumers

DIR 88/180 1/07/91
Permissible sound power level of lawn mowers

DIR 88/181 1/07/91
Permissible sound power level of lawn mowers

DIR 88/314 7/06/90
Indication of prices of non-foodstuffs

DIR 88/315 7/06/90
Indication of prices of foodstuffs

DIR 88/320 1/01/Ç9
Good laboratory practices : non clinical testing of
chemicals

DIR 88/667 • 31/12/89

Cosmetics

```

```
NI I I I I NI NI I NI I I I implementation non required

I I I I I I IR IR I I I I

          I I I I I

       I I I I I

I I I IR I I IR IR I IR I IR

I I I IR I I IR IR I IR I IR

I I I IR I I IR I I I NI I P : partial implementation

IR I I I I I IR I I IR I I

```

```
Page 19

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

       REMOVAL OF TECHNICAL BARRIERS

         - Public procurement 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 88/295 1/01/89
Public supply contracts (amendment to Dirs 77/62 &
80/767)

DIR 89/440 19/07/90
Coordination of procedures for the award of public work
contracts

DIR 89/665 21/12/91
Application of review procedures to the award of public
supply and public works contracts

       REMOVAL OF TECHNICAL BARRIERS

       - Labour and the professions 
```

```
I I I D I D IR I

                  _____

```

```
I IR E,EL & P: derogation to 1/3/92.

```

```
NI I IR I IR IR NI I E, EL: derogation until 1.3.92. P,
                         E: partial implementation

I

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DEC 85/368 ._
Comparability of vocational training qualifications

DIR 85/432 • 1/10/87
Coordination of provisions in the field of pharmacy

```

```
Implementation not required

```

```
I I I I I I IR I SO I I I

```

```
Page 20

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 85/433 1/10/87
Mutual recognition of diplomas in pharmacy

DEC 85/434
Creation of an advisory committee on pharmaceutical
 training

DEC 86/365

COMETT

DIR 86/457

Specific training in general medical practice

DIR 86/653, 1/01/90
Independent commercial agents

DIR 89/48 1/01/91
General system for the recognition of higher-education
diplomas

       REMOVAL OF TECHNICAL BARRIERS

       - Common market for services 
             Banks

```

```
IR I I I I I IR I IR I I I

                                implementation non required

                                implementation not required

I NI I I I I IR I SO I I I Implementation date : see art. 7.
                                D: partial implementation

IR I I IR IR I IR D IR I I D UK, IRL : derogation until 1/1/94.
                                I: derogation until 1.1.93 for
                                article 17

NI NI I NI NI NI NI I NI NI I I D, F : partial implementation

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 86/635 31/12/90

Bank accounts

```

```
IR NI IR IR I IR IR IR IR IR NI IR 'D, P: partial implementation

```

```
Page 21

```

```
Measure Impl. date B D DK E » F EL I IRL L NL P UK Remarks

```

```
DIR 89/117 1/01/91
Obligations of credit institutions and financial
 institutions regarding the publication of annual
accounting documents

DIR 89/299 1/01/91

Own funds - banks

DIR 89/647 1/01/91
Solvency ratio for credit institutions

REC C 87/62

Control of large exposures

REC C 87/63

Guarantee system - deposits within Community

       REMOVAL OF TECHNICAL BARRIERS

       - Common market for services •

            Insurance

```

```
I NI I I I I I I I I NI I D, P: partial implementation

IR IR I IR I IR IR IR IR I I IR

IR NI I IR I NI IR IR IR I I I D, EL: 1.1.96 mortgage credit; EL:
                                1.1.2000: application ratio of 8%

NI NI NI NI I NI NI NI NI NI I NI implementation not required

NI NI NI NI I NI NI NI NI NI NI I implementation not required

```

```
Measure Impl. da£e B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 87/343 1/07/90
Freedom provide life insurance

DIR 87/344 1/07/90
Legal costs insurance

```

```
IR I I I I IR IR IR IR I NI I

                                                                                                                                                                                                                                                                                •

I I I I I I IR IR IR 1 I I

```

```
P : partial implementation

```

```
Page 22

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 88/357 29/06/90

Non-life insurance

       REMOVAL OF TECHNICAL BARRIERS

       - Common market for services •

        Transactions in securities

```

```
I I I I I IR IR IR IR I IR I F : partial implementation

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 85/611 1/10/89

Transactions in securities collective investment
undertakings for transferable securities

DIR 88/627 1/01/91
 Information to be published when a major holding in a
 listed company is acquired of disposed of

DIR 89/298 17/04/91
Drawing-up, scrutiny and distribution of the prospectus
to be published when transferable securities are offered
to the public

DIR 90/211 17/04/91
Mutual recognition of public-offer prospectuses as stockexchange listing particulars

       REMOVAL OF TECHNICAL BARRIERS

       - Common market for services 
            Transport

```

```
I I I I I D IR I I I D I EL & P : derogation until 1/4/92 ;
                                 E: partial implementation

I IR IR NI I IR IR I IR NI IR IR E, P: partial implementation

NI I NI NI NI NI NI NI I NI NI I P : partial impl.

NI NI I NI NI NI NI NI I I NI I

```

```
Measure Impl. date B 0 DK E F EL I IRL L NL P UK Remarks

```

**Page** **23**

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
 REG 1841/88

 Road transport - Community quota

REG 2342/90 11/01/90
Air transport: air fares and passenger capacity

REG 2343/90 1/11/90
Passengers capacity, access for air carriers

REG 3975/87 1/01/88
Application of competition rules to air transport

REG 4055/86
Maritime transport

REG 4056/86 1/07/87
Maritime transport

REG 4057/86 ._
Maritime transport

REG 4058/86
Maritime transport

```

```
                                Directly applicable

                                directly applicable

                                Directly applicable

NI I I NI NI NI NI NI NI NI I I Art. 11.6 : obligation to assist
                                the Commission services

                                directly applicable

NI I I NI NI I NI NI NI I I I Art. 18.6: obligation to assist
                                the Commission services

                                directly applicable

                                directly applicable

```

```
Page 24

```

```
Measure Impl. date DK EL IRL NL UK Remarks

```

```
REG 4059/89

Road transport of goods

       REMOVAL OF TECHNICAL BARRIERS

       - Common market for services        New technologies and services

```

```
1/07/90 NI NI NI

```

```
Measure Impl. date I B I 0 DK E I F EL I IRL L NL P UK Remarks

```

```
REC 87/371

Pan European mobile telephones

DIR 87/372

Pan European mobile telephones

```

```
25/12/88 IR IR

```

```
Gradual implementation from end
1987; Member States to report to
the Commission

Implementation not required. This
measure is addressed to

enterprises.

```

```
REC 87/598

European code of conduct relating to electronic payment

```

```
DEC 88/524

Development of information services market

```

```
26/07/88 implementation not required

```

```
DIR 89/552 3/10/91

Pursuit of television broadcasting activities

```

```
DIR 90/387

Implementation of an open network provision

```

```
1/01/91 IR IR IR IR IR IR

```

```
Page 25

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

       REMOVAL OF TECHNICAL BARRIERS

         - Capital movements 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 88/361 1/07/90
Liberalisation of capital movements

       REMOVAL OF TECHNICAL BARRIERS

        - Industrial cooperation            Company law

```

```
I I I I I NI I NI I I NI I E,EL,IRL,P: derogation for certain
                                 transactions until 31.12.92. P:
                                partial impl.

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
REG 2137/85 1/07/89
European Economic Interest Grouping

       REMOVAL OF TECHNICAL BARRIERS

        - Industrial cooperation      Intellectual and industrial property

```

```
I I I I I NI NI I I I I I

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 87/54 7/11/87
Legal protection of micro circuits

DIR 89/104 28/12/91

Marks

```

```
I I I I I I I I I I I I

```

```
Page 26

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
BBB BB

Convention - Community patent (76/76/CEE)

       REMOVAL OF TECHNICAL BARRIERS

        - Industrial cooperation             Taxation

```

```
Ratification necessary by 31/12/92

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
AAA AA

Convention - Arbitration procedure relating to the
elimination of double taxation (90/436/CEE)

        REMOVAL OF FISCAL BARRIERS

            - T.V.A. 
```

```
Ratification necessary by 1/1/92

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DIR 85/362 1/01/86

17th VAT Directive

DIR 86/560 1/01/88

13th VAT Directive

DIR 89/465 1/01/90

18th VAT directive

```

```
I I I I I I I I I I I I

]_ I I I I I I I I I I I

I I I I I I I I I I I I

```

```
Page 27

```

```
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

        REMOVAL OF FISCAL BARRIERS

          - Excise duties 
Measure Impl. date B D DK E F EL I IRL L NL P UK Remarks

```

```
DEC 88/245

Rum in French DOMs & metropolitan France

```

```
implementation not required

```

```
                                     ANNEX IV
                                     31/5/91

                LIST OF ACTS GIVING EFFECT TO THE WHITE PAPER PROGRAMME

N.B. I = Implementing measures notified
      NI = Not incorporated into national law
      IR = Infringement procedure

```

**Page** **1**

Measure Impl. Date **DK** **EL** **IRL** **NL** **UK** Remarks

```
           Various controls

Measure Impl. Date B 0 DK E F EL I IRL L NL P UK Remarks

```

```
REG 1544/87 1/07/87
Framework measure:Reg 3690/86/CS; Detailed rules for the
application of the framework regulation (TIR)(Reg COM)

REG 2793/86 1/01/88
Framework measure:Reg 1900/85/CS; Codes to be used in
the focus laid down in framework regulations (DAU) (Reg
COM)

     Veterinary and phytosanitary controls

```

```
Directly applicable

Implementation date: see art. 3

```

```
Measure Impl. Date j [ B ] D DK E F EL I IRL L NL P UK Remarks

DIR 89/365 31/12/89
Framework measure:Dir 86/355/CS; Placing on the market
and use of plant protection products containing active
substances (Dir CS)

```

```
DEC 90/254 1/01/91

Framework measure:Dir 89/361/CS; Criteria for approval
of breeders' organisations and associations (Dec COM)

DEC 90/255 1/01/91
Framework measure:Dir 89/361/CS; Criteria governing
entry in flock-books for pure-bred breeding sheep and
goats (Dec COM)

```

```
Directly applicable

```

**Page** **2**

Measure Impl. Date **DK** **EL** **IRL** **NL** **UK** [Remarks ]

```
DEC 90/256 1/01/91
Framework measure:Dir 89/361/CS; Methods for monitoring
performance of the genetic value of pure-bred breeding
sheep and goats (Dec COM)

DEC 90/257 1/01/91
Framework measure:Dir 89/361/CS; Criteria for the
acceptance for breeding purposes of pure-bred breeding
sheep and goats (Dec COM)

DEC 90/258 1/01/91
Framework measure:Dir 89/361/CS; Zootechnical
certificates for pure-bred breeding sheep and goats (Dec
COM)

DEC 91/109
Framework measure:Dir 90/423/CS; Protection measures
relating to a "new" pig disease (Dec COM)

DEC 91/13
Framework measure:Dir 90/423/CS; Trade in animals not
vaccinated against foot and mouth disease (Dec COM)

DEC 91/42
Framework measure:Dir 90/423/CS; Criteria to be applied
when drawing up plans for the control of foot and mouth
disease (Dec COM)

DEC 91/52
Framework measure:Dir 90/425/CS; Protection measures
relating to contagious bovine pleuropneumonia in
Portugal (Dec COM)

DEC 91/56
Framework measurerDir 90/425/CS; Protection measures
relating to contagious bovine pleuropneumonia in Italy
(Dec COM)

```

```
Directly applicable

Directly applicable

Directly applicable

```

```
Page 3

```

```
 Measure Iinpl. Oat3 B 0 OK E F EL I IRL L NL P UK Rswirks

         Control of indiviudals

```

`Mpasurf»` _lm_ _P^-_ `D` `- t e` `B` `D` `DK E` `F` `EL I` `IRL L` `NL P` `UK Remarks`

```
DIR 91/191 8/04/91
Framework measure: Dir 69/169/CS; Amendm.dir 69/169
increasing tax paid allowances in intra-Com travel
concerning derogation to DK and IRL (Dir CS)

```

**Food law**

```
NI NI NI NI NI NI NI NT" NI NI NI NI [8.4.91] [ impl.date] [ for] [ art.1;] [ 1.7.91 ]
                                remainder

```

Measure Impl. Date B D DK E F EL M IRL L NL P UK Remarks

```
REG 1014/90 1/04/90
Framework measure:Reg 1576/89/CS; Implementing rules on
the presentation of spirit drinks (Reg COM)

REG 1759/90 1/05/90
Framework measure:Reg 1576/89/CS; Transitional measures
relating to spirituous beverages (Reg COM)

REG 3207/90 3/10/90
Framework measure:Reg 1576/89/CS; Transitional measures
relating to spirituous beverages (Reg COM)

REG 3773/89 15/12/89
Framework measure:Reg 1576/89/CS; Transitional measures
relating to spirituous beverages (Reg COM)

```

**Page** **4**

```
Measure Impl. Date B D DK E F EL I IRL L NL P UK [Remarks ]

```

```
DIR 90/128 31/12/90
Framework measure:Dir 89/109/CS;Plastic materials and
articles intended to come into contact with foodstuffs

(Dir COM)

DIR 91/71
Framework measure:Dir 88/388/CS; Labelling rules
applicable to flavourings (Dir COM)

```

**Chemical products**

```
IR IR IR IR IR IR IR IR IR IR IR IR

NI NI NI NI NI NI NI NI NI NI NI NI Implem.date:30.06.92 free movement
                                clause,1.1.94 full application

```

```
Measure Impl. Date B D DK E F EL I IRL L NL P UK |Remarks

```

```
 DIR 89/178 31/12/90
 Framework measure:Dir 88/379/CS; Adaptation to technical
 progress (Dangerous preparations) (Dir COM)

— — — - — •• - - — — . . — . . . — . . —

 DIR 90/35 31/12/90
 Framework measure:Dir 88/379/CS; Definition of certain
 categories of preparations (Dir COM)

 DIR 91/155 8/06/91
 Framework measure:Dir 88/379/CS; Detailed arrangements
 for the system of specific information relating to
 dangerous preparations (Dir COM)

```

**Other items**

```
IR 1 IR IR I . IR IR IR IR IR IR IR

IR IR IR IR I I IR IR IR IR IR IR

```

```
.

```

```
Measure Impl. Date B D DK E F EL I IRL L NL P UK Remarks

```

Page 5

###### **`Measure Impl. Date B P P* E F EL M IRL L NL p UK Remarks`**

DIR 89/514 1/01/90
Framework measure:Dir 86/662/CS; Adaptation to technical
progress (Dir COM)

DIR 90/18 1/07/90

Framework measure:Dir 88/320/CS; Mechanisms of
v e r i f i c a t i o n and inspection of laboratories (Dir COM)

I I 1 I I I IR I IR I I IR

**NI** **NI** **NI** **IR** **NI** **IR** **IR** **NI** **NI** **IR**

B D DK E F EL I IRL L NL P UK
Measure Impl. Date Remarks

DEC 90/380 19/07/90
Framework measure:Dir 89/440/CS;List of organisms and
categories of public law organisms (Dec COM)

Measure Impl. Date. | B D DK E F EL I IRL L NL P UK [Remarks ]

DIR 90/618 20/05/92
Framework measure:Dir 88/357/CS; Motor vehicle l i a b i l i t y
insurance (Dir CS)

Transport

1 B D DK E F EL 1 IRL L NL P UK
Measure Impl. Date l Remarks

**Page**

```
                             B D DK E F EL I IRL L NL P U_ '
Measure ImpL. Date
                                                  I Remarks

```

```
REG 4261/88 ' 1/01/89
Framework measure:Reg 3975/87/CS; Procedure for the
application of the rules on competition to undertakings
(air transport sector) (Reg COM)

```

```
Directly applicable

```

```
                                                  ANNEX V

            COURT OF JUSTICE DECISIONS NOT IMPLEMENTED BY MEMBER STATES
           PROCEDURES UNDERWAY ON THE BASIS OF ARTICLE 171 OF THE TREATY
                     Situation on 31 May 1991

: MEMBER STATE : LEGAL BASE : SUBJECT OF INFRINGEMENT PROCEDURE :

   BELGIQUE : Dir. 82/891; 78/855 : Divisions and mergers of public
: : Case 46/88 : limited liability companies :

```

`:` `: Articles` _1,_ `48,` `128,` `of EEC` `:` `Discrimination in public` `:`
```
: : Treaty; Regulation 1612/68 : financing; non-university :
: : Case 42/87 : higher education. :

              : Dir. 82/714 : Technical specifications :
: : Case 019/91 : inland waterway vessels :

: : Dir. 76/403 : Elimination of polychlorobiphenyls :
: : Case 230/85 : and polychloroterphenyls

```

```
: DEUTSHLAND : Article 30 of EEC Treaty : Milk and diary substitutes :
: : Case 76/86 : :

: : Article 30 of EEC Treaty : "Beer purity law" :
: : Case 178/84 : :

: : Article 30 of EEC Treaty : Difficulties in importing pâté :
: : Case 274/87 : :

: : Directive 69/169 : Butter ships " :
: : Case 325/82 : - fiscal aspects :

: ELLAS : Articles 52 & 59 of EEC Treaty : Nationality requirements for access :
: : Case 328/90 : to the following professions : :
: : : architects, graduate engineers, :

: : : surveyors :

: : Art. 7, 48, 52, 59 of EEC Treaty : Legislation on frontier areas *
: : Case 305/87 : :

: : Art. 30 of EEC Treaty, : Rules requiring beer to be malt- :
: : Case 176/84 : based :

* Measures notified

 Conformity control underway

```

```
: ITALIA : Dir. 77/388 : Flat-rate reimbursement to farmers :

: : Case 3/86 : :

: : Dir. 79/109 : Brucellosis :

: : Case 116/86 : :

: : Dir. 82/243 : Non-ionic surfactants :
: : Dir. 82/242 : Anionic surfactants :
: : Case 309/86 : :

: : Regulation 1035/72; 2638/69; : Quality standards for fruits and :
: : 2150/80 : vegetables :
: : Case 69/86 : :

```

```
Dir. 80/219
Case 364/85

Dir. 80/1098
Case 364/85

Dir. 80/1099
Case 386/85

Dir. 83/91
Case 324/87

Articles 52 & 59 of EEC Treaty
Case 297/90

Dir. 83/181
Case 124/86

Dir. 83/181
Case 125/86

```

```
 Tuberculosis

 Vesicular disease in pigs and
 swine fever

 Vesicular disease in pigs and
 swine fever

 Fresh meat

Nationality requirements (guides,
journalists, self-employed
pharmacists)

 Tax allowances on final import of
 personal property

 Exemption from VAT on final import
 certain goods

```

`: Dir.` _82/2Al_ `:` `Procedures for the export of` `:`
```
: Dir. 81/177 : Community goods :
: Case 208/89 : :

: Dir. 82/76 : Full-time and part-time training :
: Case 236/89 : of specialist doctors :

: Dir. 82/470 : Transport agents :
: Case 310/86 : :

: Dir. 74/562 : Admission to the occupation of road:
: : passenger transport operator :
: Dir. 74/561 : Admission to the occupation :
: Case 160/85 : :

```

## ANNEX VI STATE OF IMPLEMENTATION (Situation at 31/5/91) **Breakdown of situation by Member State**

#### / ' : 7

_À_

NL P UK

Measures not

notified

Not applicable

## **Breakdown of situation by Member State** (Situation at 31/5/91)

## Measures not notified

31

25

12

38

18

29

69

44

37

34

25

20

## Not applicable

6

6

7

3

5

5

5

7

8

6

2

6

## Derogations

0

0

0

2

0

5

0

1

0

0

3

1

## B D DK E F EL I IRL L NL P UK

## Measures notified

89

95

107

83

103

87

52

74

81

86

96

99

**ISSN 0254-1475**

#### **COM(91) 237 final**

# **DOCUMENTS**

### **EN 10** **Catalogue number : CB-CO-91-278-EN-C** **ISBN 92-77-73612-7**

**Office for Official Publications of** **the** **European Communities**

**L-2985** **Luxembourg**