Source: EURLEX
Language: en
Format: md

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COMMISSION OF THE EUROPEAN COMMUNITIES

                          C0M(91):321 final

                          Brussels, 16 October 1991

                  EIGHTH ANNUAL REPORT

                 TO THE EUROPEAN PARLIAMENT

                 ON COMMISSION MONITORING

              OF THE APPLICATION OF COMMUNITY LAW

                       1990

                (presented by the Commission)

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ifÉST;
```

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                     SEC(91)8167/Rev.2-EN

         ANNUAL REPORT TO THE EUROPEAN PARLIAMENT

                VTIIth Report

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I . INTROCOCTIQN

I I . SECTOR-BY-SECTOR ANALYSIS

```
  A. A Europe without frontiers

   1. Removal of physical barriers

     (a) Customs Union

     (b) Free movement of products

   2. Abolition of technical barriers
     (a) Free movement of goods
     (b) Market in services and capital
     (c) Freedom to provide financial services, direct taxation and
       company law

   3. Removal of tax barriers

   4. Free movement of persons
     (a) Ban on discrimination
     (b) Entry and residence
     (c) Recognition of diplomas

     (d) Access to employment in the public service

   5. Consumer policy and product safety

   Progress in implementing Directives

  B. Employment and social policy

   1. Equal treatment
   2. Social security
   3. Health and safety of workers
   4. Working conditions

   Progress in implementing Directives

  C. Common agricultural and fisheries policies

   1. Common agricultural policy

   2. Common fisheries policy

   Progress in implementing Directives

  D. Competition

   1. Public undertakings

   2. Monopolies

```

```
  E. Transport

   1. Road transport
   2. Inland waterways
   3. Air transport

   Progress in implementing Directives

  F. Environment

   1. Protection of wild fauna and flora

   2. Quality of water
   3. Quality of the air
   4. Noise
   5. Waste and dangerous substances

   Progress in implementing Directives

  G. Energy

   Petroleum products

   Progress in Implementing Directives

  H. External dimension

   1. External relations

   2. Development cooperation

   Progress in implementing Directives

  I. Statistical, administrative and budgetary questions

   1. Statistics

   2. Community staff
   3. Budget

   Progress in implementing Directives

III. TABLES. CHARTS AND SUMMARIES

IV. ANNEXES

  1. Annex A

  2. Annex B

  3. Annex C

```

```
                    - I 
                  INTRODUCTION

1. The Eighth Annual Report on the application of Community law by the
Member States deals with the monitoring of the application of Community law
during 1990. Like its predecessors [1] it represents a response to the
desire expressed by the European Parliament in its Resolution of
9 February 1983. [2 ]

2. As in the past the report gives a general sector-by-sector analysis,
which is followed by a set of tables, charts and graphs and two substantial

annexes:

  a summary of infringements of the Treaties and Regulations at
  31 December 1990 and of infringement proceedings terminated during 1990
  (Annex A);

  a review showing the stage reached in the application of Directives at
  31 December 1990 and the situation concerning infringements of
  Directives (Annex B).

3. This year the Commission has sought to improve the presentation of its
report so as to provide clearer and more systematic information. It has
taken account of a number of remarks made by Parliament (notably in the
Inglewood Report) and of concerns expressed by the Member States; they
wish to be given a clearer picture of the situation in each of the
Community's main policy areas.

4. The annual report has accordingly been restructured to give practical
effect to these various suggestions. Among other things:

  better balance has been sought between the various policy areas, though
  the part on Europe without frontiers still inevitably accounts for the
  largest share;

  a new table has been incorporated covering action taken to date on
  complaints by major policy area (subdivided into cases on which no
  action was taken and cases in which infringement proceedings were
  commenced);

  First annual report 001(84)181 final, 20.4.1984.
  Second annual report 0QM(85)149 final, 23.4.1985.
  Third annual report 00M(86)204 final, 3.6.1986, published in OJ C 220,
  1.9.1986.

  Fourth annual report O0M(87)250 final, 24.8.1987, published in
  OJ C 338, 16.12.1987.
  Fifth annual report 001(88)425 final, 13.9.1988, published in OJ C 310,
  5.12.1988.

  Sixth annual report 001(89)411 final, 22.12.1989, published in
  OJ C 330, 30.12.1989.
  Seventh annual report 001(90)288 final, 22.5.1990, published in
  OJ C 232, 17.9.1990.
  OJ C 68, 14.3.1983.

```

```
                    - l i 
  tanies on requests for preliminary rulings, broken down by Member

  State, type of court and policy area.

The Commission has increased the emphasis laid on the transposition of
Directives, for it wishes to stress the importance of this question. At
the end of each, chapter in the sector-by-sector analysis, there are two
tables:

  summary of infringement proceedings relating to Directives;

  progress in implementing Directives applicable in each policy area.

Annex C contains a report on the implementation of environmental directives
as requested by the Dublin European Council (June 1990).

5. The summaries and tables in the report give rise to the following
conclusions:

(a) As regards the means of detecting infringements:

  (i) The number of complaints registered continues to grow (up
      from 1 195 in 1989 to 1 252 in 1990), showing that citizens are
      taking an increasingly active role in the effective creation of a
      Community based on law. Table 12 sums up the actual results;

  (ii) as regards cases detected by the Commission's own inquiries, the
      increase recorded in 1989 (352 cases) was not repeated (down
      to 283 cases in 1990).

(b) The number of letters of formal notice continued to increase sharply
  (up from 664 in 1989 to 960 in 1990). As before, the internal market,
  agriculture and the environment are the main areas in which
  infringement proceedings have been œmmenced. This reflects the
  stepping-up of the Commission's activity relating to the implementation
  of Community law, and especially of Directives.

(c) The number of reasoned opinions also increased in 1990 (251 as
  against 180 in 1989), but was still relatively low in comparison with
  the number of letters of formal notice.

(d) The number of actions brought before the Court of Justice was down on
  the previous year (77 compared with 94 in 1989), which reflects the
  Commission's objective of using the Article 169 procedure to settle
  infringement cases rather than to sanction them at all costs.

```

```
                                    Ill 
(e) In its use of the Article 169 procedure the Commission has laid special
  emphasis on the implementation of Directives by the Member States. It
  now routinely (every two months) issues letters of formal notice when
  Member States have not notified national measures implementing
  Directives which are due for implementation (491 cases since this new
  procedure was established in July 1990).

The table below shows the situation regarding the implementation of
directives (notification of implementing measures) at 31 December 1990:

```

```
  %

91.7

96.6

95.3

85.4

93.5

93.5

91.2

81.7

90.1

93.1

84

94.6

```

```
Directives

for which

measures

have been

notified

816

842

845

775

828

828

787

723

788

834

771

806

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives
applicable

889

872

886

907

885

885

862

884

874

895

917

852

```

```
The importance of these figures, however, should not be overestimated,
since basic Directives and amending Directives are treated on the same
footing.

```

```
                   - IV 
The rate of notification should not blind the reader to the fact that a

series of Directives have not been properly incorporated or implemented,
and infringement proceedings are in hand accordingly.

The tables in the text for each policy area break these aggregates down and
help to make it clear that the Member States' efforts are not confined to
the internal market.

6. In 1990 the Commission's activities did not consist solely of bringing
Article 169 proceedings, but also of developing or supporting other
measures to improve the application of Community law:

(a) first of all, greater transparency has been aimed at. While observing
  its duty of discretion on matters subject to its own administrative
  proceedings, the Commission continued to improve the flow of
  information to the press on important cases of infringements and
  regularization of infringements. Moreover, national measures
  implementing Directives are now accessible to the public on the CELEX
  database and, for matters concerning the internal market, on the
  INFO 92 database;

(b) efforts have been made to increase the awareness of national political
  leaders, chiefly in connection with measures to step up pressure on the
  Member States to incorporate Community instruments into national law;

(c) in parallel with this, contacts between Commission departments and
  national authorities concerning the implementation of Community law
  have been stepped up. This takes the form of horizontal and vertical
  meetings, informal contacts, exchanges of officials, etc. Some of the
  results of these contacts are already in evidence; more should emerge
  in the years ahead;

(d) the Council has introduced the interconnection principle, which means
   that in their national implementing measures Member States explicitly
   refer to the Directive being incorporated;

(e) a procedure for the codification of Community law has been introduced
  at the Publications Office to improve the accessibility of Community
   law for Community citizens and thereby improve their familiarity with
   it;

(f) subject to the powers which remain with the Member States, Community
   support has been given to new measures to promote awareness and
   teaching of Community law in addition to existing measures:

```

```
              _ v 
  - the Jean Monnet plan;
  - the ERASMUS programme;
  - contacts with professional associations;
  - seminars and conferences for practising lawyers;
  - support for postgraduate courses;
  - support for the establishment of associations of European lawyers to
   promote closer cooperation between lawyers and courts in Europe and
   exchanges between lawyers.

7. More generally, the Commission made a series of suggestions to the
Intergovernmental Conference on Political Union so as to help solve, among
other problems, the problem of delays in giving effect to judgments of the
Court of Justice. Its suggestions were based on three ideas:

  the possibility of financial penalties where effect is not given to a
  judgment;

  more direct liability of a Member State towards the victims of
  infringements, the idea being that where the Court finds that an
  infringement has been committed it would have the power to declare that
  the Member State is liable to compensate persons harmed by it;

  promotion of anything which will help to strengthen cooperation between
  the Member States, Article 5 of the EEC Treaty being the basis here.

```

```
                      -1
II. SBGim-BY-SHCTQR ANALYSIS

A. A EUROPE WTEBDUT FRONTIERS

As the pace of Council Decisions towards establishing the single market
quickens, the number of Community acts which the Member States are required
to incorporate into national law or implement at national level has grown.
Of the 173 measures adopted as at 31 December 1990, 134 were already in
force, 109 of them requiring action by the Member States to incorporate
them in national law.

Since 1989 the Commission has been stressing the importance of
incorporating Community legislation into national law fully and within the
required timescale so as to meet the 1992 deadline. The provisions set out
in the White Paper must be put into effect quickly and properly for the
sake of later progress towards European integration and the Community's
credibility on the international stage. The delays occurring in certain
Member States can only obstruct progress towards the establishment of the
single market.

The crucial importance of this aspect of the establishment of the single
market has prompted the Commission to take a number of initiatives.

The primary object of these is to underline the political dimension of
applying the new provisions to establish the area without internal
frontiers for which the Single Act calls. That is why special reports on
the progress achieved in implementing the White Paper measures have been
submitted to the Council and Parliament since 1989. At an informal meeting
in Dromoland Castle in March 1990 the Council took stock of the situation
and noted that the Commission intended to step up its efforts to quicken
the pace at which provisions already in force were put into effect.

Progress on the incorporation of Community law is discussed in contacts
with national political leaders and is the subject of "package" meetings
between the Commission and national government departments. The first
point of this is to instil a sense of responsibility in terms of the 1992
target at the various levels of the decision-making inachinery; the second
is to keep attention focused on the need to adhere to the deadlines laid
down by the legislative programme in the White Paper.

Openness as to the state of progress in iinplementation is a fundamental
factor here; it is ensured both by the issuing of regular reports and by
releasing to the public a data base called INFO 92 whose users can keep a
running check on the progress of single market legislation and the
transposing of Community law.

As part of its action to encourage the incorporation of Community law into
national law, the Commission also promotes exchanges of information between
the national bodies responsible for implementation, as follows:

```

```
  joint consultation between national government departments before
  provisions enter into force is going ahead on an experimental basis in
  a number of fields, such as academic qualifications, television,
  medical products, builders' materials, public procurement and banking;
  the practice will be extended to other fields (agri-foodstuffs, the
  so-oalled new approach);

  since 1990 there have been regular meetings between national
  coordinators of the 1992 programme to exchange views on the methods
  each Member State uses to cope with the growing pace of legislative
  output by the Council and to discuss other, broader questions which
  arise in the context of establishing the single market;

  joint management of the economic area of the single market calls for
  further exchanges of officials between national government departments
  in several areas (technical rules, qualifications and public
  contracts), on the lines of the Matthaeus programme for customs
  officials which the Commission has already presented; there are
  budgetary difficulties here, however.

Thanks to this growing awareness and to the steps taken to bring about an
ongoing improvement in the situation, the rate of incorporation of
legislation in the single market area has been constantly rising. Whereas
in September 1989 a bare 31% of national implementing measures had been
adopted, by December 1990, despite the entry into force of a large volume
of new legislation, the proportion had risen to more than 70%.

```

l. Removal of phyfiloftl. barriers

```
(a) Customs union

A feature of the monitoring of the application of Community customs
provisions is the fact that they are almost all contained in Regulations.
To make the implementation of Community customs law at the Community's
external frontiers more uniform and binding, the Commission has converted
most of the customs directives into regulations, so that now the only areas
covered by directives are the release of goods for free circulation, export
procedures and mutual assistance.

In fact failure to incorporate the directives on release for free
circulation and export procedures into national law is the ground on which
infringement proceedings were brought against Italy, firstly under
Article 169 and then under Article 171 of the EEC Treaty. Italy eventually
incorporated the directives into its own law on 8 November 1990.

```

```
                      -3
As stated in the seventh report, [1] infringement proceedings in the customs
union sector mainly involve intra-Community trade and are concerned with
infringements of Articles 9 et seq. of the EEC Treaty, which ban any
charges having an effect equivalent to customs duties in trade between
Member States, infringements of Article 171 of the EEC Treaty (failure to
comply with judgments of the Court of Justice) and infringements of Council
Directive 83/643/EEC of 1 December 1983 on the facilitation of physical
inspections and administrative formalities in respect of the carriage of
goods between Member States.

In 1990 a fairly high number of infringement proceedings was settled.
These concerned Greece (bank charges for monitoring the prices of imported
products), Ireland (counterfeit goods), Italy (customs offices responsible
for customs clearance of iron and steel products, deferred payment of
import and export duties, phased release of goods in the case of release
for free circulation, counterfeit goods, stamp duties, refund of national
taxes iJicompatible with Community law, charges for services during certain
customs office opening hours) and France (flat-rate charge on export of
personal effects, returned goods, duties levied by seaboard townships in
the Overseas Departments).

The main infringement proceedings currently under way concern Portugal
(refusal to allow forwarding agents to make customs declarations, stamp
duty on import), Italy (obstacles to the free movement of iron and steel
products, veterinary services' telegram costs charged to livestock
importers, procedures for checking bonded goods, charges for services
supplied to several firms at the same time), Spain (import levy in the
Canary Islands on flour of bread-making quality), the Netherlands (outward
processing of textiles) and France (charges for computerized checking of
customs declarations).

The infringement proceedings relating to imports of military equipment free
of customs duties under the Common Customs Tariff are still suspended
pending the outcome of discussions in the Council.

  OJ C 232, 17.9.1990.

```

```
                        -4
            SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

                   DIRECTIVES (CUSTOMS UNIONS

                     DK EL IRL NL UK!

     83/643/EEC - Controls NPA NPA NPA NPA

C = Closed

NPA = Not properly applied

```

```
                 -5
                            TO THE CUSTOMS UNTOM

Progress has been satisfactory, with a notification rate of 96%. Only
Italy and, to a lesser extent, Greece are lagging behind. However, it
should be pointed out that this is an area where directly-applicable
Regulations predominate.

```

```
 %

93.7

97.8

100

88.8

91.8

97.9

95.4

75.5

100

98

95.7

95.3

```

```
Directives

for which

measures

have been

notified

 45

 45

 48

 32

 45

 48

 42

 37

 49

 49

 45

 41

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives
applicable

 48

 46

 48

 36

 49

 49

 44

 49

 49

 50

 47

 43

```

```
                      -6
(b) Free movement of products

  Free movement of agricultural products

Establishing freedom of movement for agricultural products [2] in a single
market is one of the principles underpinning the operation of the CAP and
its common market organizations.

Originally the ban on quantitative restrictions and measures having
equivalent effect on imports or exports was written into the text of the
first regulations setting up common market organizations in the form of
specific provisions; as soon as the transitional period ended, on
31 December 1969, there was no longer any need to write them in, but the
Court of Justice has repeatedly pointed out that Articles 30 and 34 of the
EEC Treaty are an integral part of the common market organizations.^

In 1990 the Commission once again kept a constant watch to make sure that
obstacles to trade in agricultural products in the Community were removed.
The types of obstacles detected and combated by Commission departments
remain as before, and have been classified as set out below.

The reason most frequently put forward by Member States for imposing such
obstacles is the protection of public, animal and plant health.

  Technical provisions relating to the presentation, quality and
  packaging of products which have the effect of restricting or
  discouraging imports. A case in point is Italian Law No 396 of
   2 February 1939, which prohibits the production of cheeses with a fat
  content lower than that stipulated by Italian law for marketing in
   Italy. This has the effect of preventing the marketing of imported
   cheeses which have been lawfully manufactured and marketed in the
  Member State of origin and was condemned by the Court of Justice in its
   judgment of 11 October 1990 in Case 210/89. This category also
   includes the proceedings as a result of which, for example, Germany
  waived the requirement in certain Lander that fresh poultrymeat be
  presented in sealed packs (festverpakt) when sold in the same premises

2 Those listed in Annex II to the EEC Treaty.
3 See judgment of the Court of Justice in Case 83/78 Pigs Marketing Board
   v Redmond: [1978-9] ECR 2373, Ground 55.

```

```
                   -7
as other meat, and France waived the rules restricting the right to
market seed mixes for lawns to the varieties listed in the national
varietal catalogue.

The restrictions placed on the marketing or importing into Italy of
oils and fats (the requirement that a tracer be present) were condemned
by the Court of Justice. [4] Lastly, the Commission had to serve a
reasoned opinion on Greece under Article 171 on the grounds that,
notwithstanding the Court's judgment in Case 124/85, [B] Greece still
refused to allow the import of and wholesale trade in certain cuts of
fresh beef and veal. The last remaining restrictions have since been
lifted.

Import controls: these are the most numerous of all the obstacles to
trade. A distinction should be drawn between the following types:

  Double checks and systematic checks such as those applied in
  Germany to live sheep, in Italy to fish (checking for nematodes)
  and in Greece to chickens (checking for salmonellae).

  The Commission devoted special attention to Italian Decree No 454
  of 8 October 1988 concerning health checks on livestock and
  by-products of animal origin from Community countries, in that it
  institutes a system of ongoing, compulsory and systematic checks
  affecting 10% of all the goods in question imported, 30% of which
  are subjected to laboratory testing. The Commission considered
  that this new arrangement went beyond the notion of spot checks
  define by the Court of Justice as occasional random checking, and
  therefore referred the matter to the Court of Justice.

  Belgium, on the other hand, at last ended its system of double
  checks on imported fish, against which the Court of Justice had
  already ruled. [6 ]

  The requirement that the producer Member State issue certificates
   guaranteeing that products conform to the standards of the
   importing Member State; this requirement is applied in Greece in
   respect of pasteurized butter.

Judgment of the Court of Justice of 27 November 1990 in Case 67/88
Commission y 3"fr\1.yJudgment of the Court of Justice of 16 December 1986 in Case 124/85
Commission v Greece: [1986] ECR 3935.
Judgment of the Court of Justice on 7 April 1981 in Case 132/80 United
Foods v Belgium: [1981] ECR 995.

```

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                     -8
    The requirement for prior import licences or permits applied in
    Italy to any vegetable matter sensitive to fire blight, in Germany
    to live sheep, and in the United Kingdom, Ireland, Germany, Greece,
    France and Luxembourg to sperm intended for artificial insemination
    purposes, though the last four countries have ceased to operate the
    scheme criticized by the Commission.

    In its judgment of 5 July 1970 in Case 304/88, [7] the Court of
    Justice found in favour of the Commission when it ruled against
    Belgium's practice of individually authorizing each import of meat
    or livestock from other Member States.

    Over-complicated checking arrangements such as those in force in
    Germany, which required transporters of fresh poultrymeat as a
    matter of course to declare their goods in advance so that animal
    health inspectors could be called in routinely. Following the
    Court of Justice's ruling, [8] Germany took the requisite steps to
    comply in practice. Other practices were also condemned by the
    Court of Justice, such as the ban placed by Italy on imports of
    grapefruit from other Member States through its land border
    posts.^

  The disproportionate banning of or limitations on the presence of
  certain additives. In 1990 the Commission, after its proceedings
  against Greece and Italy, brought its third action (against France)
  against Member States which prohibit or place very restrictive limits
  on the presence of nitrates in cheese. This prohibition or limitation
  has the effect of preventing the import of many types of cheese from
  other Member States where nitrates have to be used in minute
  quantities for technical reasons (to prevent butyric swelling).

7 Judgment of the Court of Justice of 7 May 1990 in Case 304/88
  Commission v Belgium, not yet reported.
8 Judgment of the Court of Justice of 28 November 1989 in Case 186/88
  Commission v Germany, not yet reported.
9 Judgment of the Court of Justice of 12 July 1990 in Case 128/90
  Commission v Italy, not yet reported.

```

```
                     -9
  National health protection measures which ban or completely prevent
  imports; Greece, for example, imposes unnecessarily severe
  microbiological standards, requiring the surface of imported poultry to
  be completely free of saimonellae, although international research has
  found that such a requirement is impossible to meet in practice. It is
  therefore disproportionate, since poultry is hardly ever intended to be
  eaten raw and cooking destroys the bacteria. 10

  The practice of setting a maximum price in Greece, which had the effect
  of deterring and limiting fruit and vegetable imports into the country,
  was stopped.

10 This applies, of course, only to saimonellae on the surface of poultry
  and not to those found inside the meat. There is always a possibility
  of saimonellae being present on the skin of poultry, from contamination
  by the ambient environment; where they are found inside the meat,
  however, they are a sign that conditions of hygiene in the farms where
  the birds were bred are not up to standard, and they are a genuine
  health hazard (NB: Directive 71/118/EEC bans the marketing of such
  birds).

```

```
                     -10
      PROGRESS IN B1PLEMENTING ntKECTlYRP APFIrT^^ ™ TiïR

     REMOVAL OF PHYSICAL BARRIERS (FREE MOVEMENT OF PBOTPCTS^

The rate of progress is close to 72%, but pressure must be kept up in this
area, given its highly technical nature.

```

```
 %

68.4

76.3

86.8

70

83.7

71

70

48.6

73.6

73.6

63.1

73.6

```

```
Directives

for which

measures

have been

notified

 26

 29

 33

 26

 31

 27

 26

 18

 28

 28

 24

 28

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

lancembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 38

 38

 38

 37

 37

 38

 37

 37

 38

 38

 38

 38

```

```
                    -11
2. A]y>iitf1rm of 1?flt™10ftl frftTTlfrrff

Substantial progress has been made in this field: 69 directives adopted as
part of the White Paper programme were in effect at the beginning of 1991.
These covered several fields, but the most important package had to do with
the harmonization of technical rules.

Progress towards the 1992 single market has been such that the abolition of
technical barriers can now be said to be irreversible.

(a) Free movement of goods

Recent cases which have been brought to the Commission's attention point to
the changes under way in the Member States: most obstacles are to be found
in technical regulations, while the number of cases of unjustified import
formalities (see above) is steadily falling.

The removal of non-tariff barriers to trade in goods within the Community
is the cornerstone of the establishment of the single market. The
Commission has two basic instruments for this purpose: the right to ban
any measure having an equivalent effect to quantitative restrictions
(Articles 30 to 36 of the EEC Treaty) and the approximation of national
legislation.

(i) Article 30 EEC

Article 30 EEC prohibits quantitative restrictions on imports, and all
measures having equivalent effect, between the Member States. The very
broad interpretation put upon the second of these concepts, which, in the
Court of Justice's own words, covers "all trading rules which are capable
of hindering, directly or indirectly, actually or potentially,
intra-<3ommunity trade", enables the Commission as guardian of the Treaties
to take steps to eliminate barriers to trade of the most diverse kinds.

In this connection, in 1990 the Court of Justice confirmed its earlier
ruling that all rules on the marketing and distribution of goods are open
to scrutiny under Article 30. A case in point is that of a set of rules in
Luxembourg governing bargain offers (Case 362/88 GB -Inno -BM. judgment of
7 March 1990), whose compatibility with Article 30 was considered in
response to a request for a preliminary ruling.

The Commission acts in response to complaints it receives from business
concerns and private individual s and follows up problems raised by
Parliament in its questions to the Commission or in petitions submitted to
the Committee on Petitions.

```

```
                    -12
Departments have also, on their own initiative, developed the practice of
monitoring national rules which come to their notice, particularly through
the Member States' official gazettes.

As regards industrial products, there has been a continuing rise in
monitoring activity, as the number of cases considered in 1990 (more
than 1500) shows. These involve infringements, complaints, cases detected
automatically and technical rules notified under Directive 83/189/EEC as
amended by Directive 88/182/EEC and considered in the light of Articles 30
and 36 of the EEC Treaty (see below).

In view of the large number of cases brought to their notice, departments
have found it necessary to adopt a comprehensive approach to problems, at
two levels.

As for solutions to the underlying issues, the types of problems which crop
up have proven to be similar from one Member State to another.

As regards investigating cases, the Commission's departments are still
doing their best to ensure that as many cases as possible are settled
without legal action having to be taken. In that spirit, the practice of
holding regular "package" meetings with representatives of the government
departments concerned in Member States with a relatively high number of
disputes to be considered was continued in 1990. At such meetings, all the
cases involving a Member State are discussed, as are cases involving other
Member States in which it has expressed an interest. Pragmatic solutions
in keeping with Community law can thus be sought jointly, with a guarantee
that the procedure will be transparent. Package meetings involving France,
Germany, Greece, Italy and Spain were held in 1990, with very satisfactory
results; large numbers of cases were settled without recourse to the
Court.

(il) Approximation of national legislation

Mutual recognition of national rules

In accordance with the strategy it outlined in its internal market White
Paper, the Commission is paying particular attention to the application of
the EEC Treaty's rules on the free movement of goods (Articles 30-36) and
is endeavouring to ensure that the principle of mutual recognition is
systematicallY incorporated into national law. This principle requires
that any product lawfully manufactured and marketed in one Member State
must have free access to the markets of other Member States, provided
equivalent health and safety guarantees are supplied.

At all events, the measures taken to protect these interests must be
strictly proportionate to the objectives pursued.

```

```
                    -13
This is why, wherever the Commission finds itself facing an obstacle
justified on grounds of need to protect the interests referred to above, it
requires the Member States, provided the measures taken are in proportion,
to insert a provision in their regulations embodying recognition for
products from other Member States offering equivalent guarantees.

In addition to this ex post facto monitoring activity, the Commission
carries out prior monitoring pursuant to Directive 83/189/EEC as amended by
Directive 82/182/EEC. This Directive obliges the Member States to submit
draft technical regulations for prior vetting as part of an information
procedure covering industrial products, agricultural produce, foodstuffs,
pharmaceuticals and cosmetics.

In 1990, 386 draft technical regulations were scrutinized in the light of
the Treaty and secondary legislation, a 21% increase on 1989. After
examination, the Commission sought, in 123 cases, amendments designed to
ensure that their adoption would not raise new barriers to the free
movement of goods. In eight cases the Commission announced that it would
put forward a proposal for Community harmonization to replace the projected
national measures. Four of these were new cases of harmonization not
foreshadowed in the Commission's 1985 White Paper on the completion of the
internal market.

The Commission ensures compliance with the notification requirement by
systematicallY studying all the Member States' technical rules. One
hundred and four texts are being examined. Wherever the Commission has
detected an infringement of Directive 83/189/EEC, it has as a matter of
course commenced infringement proceedings under Article 169 of the EEC
Treaty.

  Miscellaneous products

The Commission takes its lead from the development of the "new approach",
under which the first directives, on simple pressure vessels and toy
safety, entered into force in 1990; the delays in incorporating these
directives into national law in several Member States add to the
difficulties, as do the experimentation problems created by the newness of
the provisions, and thereby obstruct the implementation of mechanisms which
are vital to the functioning of the single market. At present
11 Article 169 proceedings are under way.

```

```
                    -14
At the same time the Commission still has to administer the 81 directives
covered by the old approach; there has been some improvement in terms of
progress in implementing these directives in 1990, but there are still many
infringement cases outstanding. In all, 103 proceedings are under way.
53 of these concern failure by Portugal to incorporate Community law in
national law; the cases of incorrect implementation mainly concern the
"low tension" directive (73/23/EEC): following the termination of
proceedings against the Netherlands and the United Kingdom, there are still
three infringement cases outstanding against Denmark, Greece and Italy; in
Italy there are still numerous delays in incorporating Community
legislation into national law, though a number of oases from previous years
were terminated.

It is regrettable that Directive 88/320/EEC on good laboratory practice,
which plays a vital part in relation to the recognition of tests and
certificates, has been incorporated in national law in only seven Member
States (Belgium, Denmark, Germany, France, Luxembourg, Portugal and the
United Kingdom); infringement proceedings are under way against the Member
States which have not yet acted; in some cases the explanation for the
delay is that certain Member States have decided to incorporate
Directive 88/320 and Commission Directive 90/18, which adapts it to
technical progress, together.

  Motor vehicles, agricultural tractors and motorcycles

Implementation of the 95 directives on private cars and utility vehicles,
the 39 directives on agricultural tractors and the five directives on
motorcycles is proceeding normally.

In the last year, 19 infringement proceedings for failure to incorporate
directives into national law were commenced in relation to private cars and
utility vehicles (four have since been terminated), five in respect of
agricultural tractors (all terminated) and one in respect of motorcycles.
These infringements were basically due to administrative hold-ups in
certain Member States.

The incorporation of Directive 89/458/EEC on emission of exhaust fumes by
private cars below 1.4 litres calls for special attention in that it is the
first œmpulsory directive involving motor vehicles. A year after the
deadline, five Member States had incorporated it into their rules, six had
introduced it as an optional measure and the remaining one has not yet
notified any national implementing measure.

```

```
                    -15
  Foodstuffs

The proceedings initiated in respect of the foodstuffs directives all
concern instances of failure to communicate national implementing measures.
The file was closed on ten infringements in 1990, 49 cases are at the
formal notice stage and seven are at the reasoned opinion stage.

The Commission brought two actions against Belgium before the Court of
Justice, involving Directives 86/424/EEC (caseins and caseinates)
and 84/500/EEC (ceramic articles intended to come into contact with
foodstuffs).

In the field covered by the White Paper programme, 16 directives or
regulations are in force. The situation regarding incorporation or
implementation of these provisions is highly unsatisfactory. Of all the
fields covered by measures to align legislation, this is the one in which
progress in incorporation or implementation gives the greatest cause for
concern: fewer than half the requisite implementing measures (43.4%) had
been adopted in January 1991.

  Pharmaceutical products

The situation regarding piharmaceuticals is positively encouraging, almost
all the national implementing measures having been notified to the
Commission. The important directive on price transparency (89/105/EEC) has
been transposed into national law by all the Member States except Italy,
which should be able to regularize the situation when it adopts its annual
"Community law".

  Chemical products

The files on 14 cases of infringement were closed in 1990, 20 are at the
formal notice stage and seven at the reasoned opinion stage.

In the area of hazardous substances and preparations, the Commission was
preparing to serve 22 letters of formal notice for failure to (communicate
national implementing measures.

  Telecommunications

At its meetings of 6 January 1989, 5 July 1989 and 13 March 1990, the
Commission noted that ten Member States - Belgium, Denmark, France, Greece,
Ireland, Italy, Luxembourg, the Netherlands, Spain and the United Kingdom had infringed Community law in failing to notify national implementing
measures under Directives 87/372/EEC and/or 86/361/EEC.

```

```
                    -16
The Commission therefore initiated proceedings under Article 169 of the EEC
Treaty against the Member States concerned and served on them formal notice
to act.

Most of the Member States involved then informed the Commission of the
national implementing measures they had adopted under the two Directives.
This enabled the Commission to terminate the infringement proceedings
against the following eight Member States: Denmark, France, Greece,
Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom.

There are now only two Member States which have failed to notify national
implementing measures; these are Belgium and Spain, in respect of both
Directives, 86/361/EEC and 87/372/EEC. 
(1.1 i) Opening-up of public procurement

The Commission's work in the area of public procurement in 1990 focused on
the following areas:

  incorporation of directives into national law;
  monitoring of implementation in practice by the various public bodies
  concerned in the Member States;
  infringement management;
  regional preferences.

The public procurement field is one of the Community's major priorities in
terms of the programme for 1992, as the overhauling of the conditions for
the award of public supplies and services contracts shows. However, the
implementation of new directives has been affected by delays in
incorporating them into national law, which makes it doubtful whether the
provisions can be implemented in a balanced manner by national government
departments and undertakings.

As part of its work of monitoring the incorporation of directives, the
Commission initiated Article 169 proceedings against Spain on the grounds
that its national measures incorporating Directives 71/305/EEC
and 77/62/EEC were not in conformity with Community law. In addition, a
reasoned opinion was sent to Portugal for failure to notify national
measures incorporating Directive 77/62/EEC.

The Commission sent a reasoned opinion to Italy for failure to communicate
national measures incorporating the new supplies directive (89/295/EEC) ;
the proceedings initiated against the Netherlands [11] are going ahead.

11 Seventh Annual Report (1989), point 77.

```

```
                    -17
On 19 July 1990 the new public works directive (89/440/EEC) entered into
force. The Commission sent the Member States (apart from Greece, Portugal
and Spain, where the directive does not yet apply) letters asking them to
notify it of national incorporating measures. Apart from Luxembourg, the
Netherlands and Italy, the Member States have complied.

It is proving extremely difficult to monitor all procedures for the award
of public procurement contracts in the Community. For this reason alone, a
monitoring system with a specific, ad hoc remit, based on sampling, was set
up and may produce practical results. The system involves taking further
action on measures launched in 1989, [12] including the monitoring of the
procedural deadlines for the publication of public works contract notices
(a monitoring system run in cooperation with the Publications Office), and
embarking on new measures involving, inter alia, checks for failure to
publish or failure to comply with procedural rules or selection and award
criteria. Following these Commission approaches, the Member States
instructed awarding authorities to comply with Community directives when
placing public procurement contracts.

Independent specialists contracted in 1988 analysed a number of sets of
technical specifications which might contain infringements.

The Commission continued its checks of projects and programmes financed by
the structural Funds and the other Community instruments. [13 ]

In an area as sensitive as the public procurement sector, all the checks
mentioned above form an instrument whose importance is acknowledged by the
Member States themselves, despite their bureaucratic aspects. They are the
essential corollary to the complaints lodged by business interests.

The infringement cases processed in 1990 have shown that there are
shortcomings in the following areas:

  Interpretation of the scope of directives and the excluded sectors:

12 Seventh Annual Report (1989), point 81.
13 Seventh Annual Report (1989), point 81.

```

```
                    -18
A reasoned opinion was served on Portugal concerning a public works
contract issued by ANA (Aeroportos a Navigac&o Aerea EP). Two reasoned
opinions were served on Germany concerning public procurement contracts
awarded by Duisburg-Ruhrorter Hafen and Munich Airport.

  Failure to publish in the Official Journal of the EC for compelling
  reasons outside the meaning of the term as defined in the directives:

A reasoned opinion was served on Spain concerning a public works contract
launched by Madrid University. The Commission also served a reasoned
opinion on Italy in respect of a supplies contract launched by the
Instituto Nazionale délia Previdenza Sociale.

  Eligibility criteria:

A reasoned opinion, for example, was served on Italy in respect of a public
works contract launched by the Consorzio di Bonifica de l'Agro Tortoli.
When the technical evaluation of tenders is carried out, preference is
given to applicants whose names have been on a regional list of approved
undertakings for at least seven years.

```

```
                    -19
(b) Market in services and capital

Capital

With the lifting of the last remaining restrictions on capital movements by
France and Italy in the first half of 1990, the deadline set in the
directive on capital movements [14] was met in full. There has consequently
been freedom to move capital without restriction in eight Member States
since 1 July 1990.

Under the directive, four Member States, Greece, Ireland, Spain and
Portugal, are authorized to maintain certain restrictions until the end of
1992; these basically relate to short-term capital (and the opening of
bank accounts by non-residents). Nevertheless, considerable progress has
been made in these four countries and in most cases the liberalization
measures adopted have gone beyond what was required.

Greece, which has balanoe-of-payments difficulties, was authorized by the
Commission [15] to maintain until 31 December 1990 certain safeguard measures
in relation to investment abroad and spending on tourism by Greek
residents. The authorization has been extended until 30 June 1991.
However, the scope of the restrictions was reduced in the course of 1990.

14 Council Directive 88/361/EEC of 24 June 1988.
15 Decision 90/348/EEC of 28 June 1990 and Decision 90/663/EEC of
  19 December 1990.

```

```
                    -20
No infringement procedure in 1990 reached the reasoned opinion stage. In a
number of oases where an infringement of the directive on capital movements
was identified, the national authorities concerned, after consultation with
Commission departments and sometimes following the sending of a warning
letter, complied with their obligations. As regards the judgment of the
Court of Justice of 3 December 1987 in Case 194/84, the Greek authorities
accepted the Commission's observations on appropriate administrative
provisions and amended the legal texts in question. As a result, Oammunity
residents are no longer subject to the law governing funds blocked in
Greece.

These positive developments have made for an accentuation of economic and
financial integration which will enable citizens and firms in the Community
to take full advantage of the European single market. Furthermore, as it
will lead to even more integrated national financial systems, freedom of
capital movements will open the way to more effective coordination of
economic and monetary policies and, ultimately, to Economic and Monetary
Union.

Services

  New technologies and services

Pending the entry into force of the directive on television without
frontiers, freedom of movement of broadcasts is guaranteed by direct
application of the provisions of the EEC Treaty, particularly Articles 59
and 62.

In the area of television, three infringement proceedings are under way,
against Belgium (Flemish Community), Greece and Spain, for limitations on
the acquisition of capital in national broadcasting organizations by
foreigners.

Two infringements concern the prohibition in Belgium (Flemish Community) on
cable broadcasting of programmes from other Member States that include
advertising specifically aimed at a Flemish audience.

Two infringement proceedings have been initiated against Belgium (Flemish
Community) and France on grounds of disproportionate restrictions based on
language criteria.

```

```
                    -21
Lastly, there are seven infringement cases (three against Belgium, two of
these against the Flemish Community and one against the French Community,
one each against Greece and France and two against the Netherlands) arising
out of the requirement that certain commercial distributors must give the
broadcasting industry in the relaying country guarantees in respect of
economic performance.

The deadline for incorporating Directive 89/552/EEC (on television without
frontiers) into national law is 3 October 1991; on 31 December 1990, only
Italy and Portugal had taken steps to implement the directive.

As regards cinema, an infringement proceeding against Spain relates to a
system of compulsory permits for dubbing films from non-member countries,
such permits being granted only on condition that money is invested in the
production and distribution of Spanish-made films.

  Intellectual property

The object of the Commission's work in this area is to abolish restrictions
in the Member States' legislation which are clearly contrary to Articles 7,
52 and 59 of the Treaty.

Using this approach, two infringement proceedings have been commenced
against the Netherlands and Portugal for inaintaining provisions which give
advantages to national s of those countries.

As regards the implementation of Directive 87/54/EEC on the legal
protection of topographies of semiconductor products, implementing measures
have been notified by all the Member States except Greece, against which
infringement proceedings are under way.

  Product liability

Directive 85/374/EEC has been incorporated into the national law of eight
Member States; the remaining four (Belgium, France, Ireland and the
Netherlands) are being proceeded against, as is the United Kingdom (for
incorrect transposition).

```

```
                   - 22 
(c) Freedom to provide financial services, ^j-rant taxation and company law

There are a number of complex aspects to freedom to supply financial
services. For one thing, failure to comply with Article 59 EEC generallY
entails a barrier to free movement of capital (Article 67 EEC) ; for
another, most infringements brought to the Commission's attention under
Article 59 concern tax aspects since the Member States have yet to make
most of the adjustments to their tax systems which the Community structure
requires. In many Member States, for instance, tax deductibility of
insurance premiums is confined to insurance contracts with national
cxampanies, which is ijxxampatihle with the principle of freedom to provide
services. In a case of this type proceedings are currently in motion
against Belgium under Article 77 EEC (Case C-204/90) and Article 169 EEC
(Case C-300/90).

A large number of complaints concern intra-Community payments, but there
are very few legal bases for action on matters such as costs incurred in
respect of payments by bank transfer or cheque. Last year the Commission
put out a discussion paper on payments in the internal market (OOM(90)447).
Regarding the discriminatory stamp duty charged in Italy for cashing
foreign cheques, particularly Eurocheques which are so popular with
tourists, the Commission was able to drop the case it was about to bring
before the Court of Justice when Italy changed its exchange control
legislation to allow cheques to be cashed without the establishment of a
stamped document.

In the insurance field, the Commission's attention has regularly been drawn
to motor insurance; in the absence of a clear legal basis, some Italian
authorities have failed to act on the abolition of checks on green cards by
Directive 72/166/EEC. The action brought in the Court of Justice by the
Commission under Article 169 (Case C-89/232) will, however, be withdrawn
now that the Italian Law of 7 August 1990 establishes a sufficiently clear
legal basis.

A reasoned opinion was addressed to Spain concerning the infringement
whereby savings banks engaged in insurance business, this being
incompatible with Directives 73/239/EEC and 79/267/EEC. In response, Spain
reduced the scope of the infringement by banning savings banks from
entering into new contracts but has not yet settled the situation regarding
contracts already in existence.

The exercise of the freedom to provide services which, by their nature, are
governed primarily by national laws, regularly raises the question of the
applicable law, one of the fundamental questions for the development of

```

```
                   - 23 
the internal market in services. The Commission was glad to be able to
abandon action on a complaint made by a Danish bank against Germany, on the
ground that Article 59 EEC was contravened by the requirement imposed by
the German authorities that German law be applied to mortgage loans, thus
excluding contracts made under Danish law. Germany has informed the
Commission that it will drop this requirement.

Complaints in tax matters often concern cases of double taxation. The
Commission, of course, is confined to verifying the correct application of
Ccramunity law and cannot look into the application of bilateral agreements
which have been concluded between most Member States. However, cases of
double taxation which are not covered by such agreements or which
constitute failure to apply them correctly can often also be considered as
infringements of Community law, notably Articles 48, 52, 59 or 67 EEC, and
the Commission is competent to deal with them.

Regarding the tax on capital formation, the Commission addressed a reasoned
opinion to Italy stating that the charging of an annual duty, known as the
concessione governatlva. was incompatible with Directive 69/335/EEC since
there was no clear link between the duty and the administrative cost of
registration.

Turning to company law, the Commission regrets that German has not always
complied with the accounts directives. The rules governing publicity of
accounting documents are far from satisfactory and the continued existence
of separate rules on consolidation for certain types of firm runs counter
to the efforts made to harmonize systems in the Community. A reasoned
opinion has been sent to Germany.

Nearly all the Member States are behind schedule regarding the
transposition of directives and a number of serious cases have had to be
taken to the Court of Justice:

Luxembourg: Directive 84/5/EEC (third-party motor insurance) and
         Directive 84/841/EEC (tourist assistance) - Case C-349/90
Ireland: Directives 83/349/EEC and 84/253/EEC (seventh and eighth
         company law directives) - Case C-359/90).

Regarding the failure of certain Member States to implement major
directives, the following examples are noteworthy:

  Directive 88/357/EEC (second non-life insurance directive) in Belgium,
  Ireland, Italy, Luxembourg and Portugal);
- Directive 85/611/EEC (UCITS) in Italy;
  Directive 78/660/EEC (fourth company law directive) in Italy - despite
  judgment given by the Court of Justice on 20 March 1986 in Case 70/85.

```

```
                           -24
           SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

            DIRECTIVES (REMOVAL OF TECHNICAL BARRIERS)

 TELECOMMUNICATIONS DK EL IRL NL UK!

    87/372 NMN NMN

    86/361 NMN NMN

C = Closed

NMN « No measures notified

```

```
                        -25
 SERVICES AND CAPITAL DK! EL IRL NL UK!

     88/361

     86/566 NPA!

C - Closed

D - Derogat ion

NPA - Not properly applied

```

```
              -26
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

  DIRECTIVES (REMOVAL OF TECHNICAL BARRIERS)

```

```
p

```

```
NL

```

```
C

C

C

C

C

```

```
I

```

```
C

```

```
EL!

```

```
E !

```

```
F ! IRL

```

```
IRL

```

```
! INDUSTRIAL GOODS 1 B

```

```
UK!

- !

C i

C i

 |

C !

```

```
NMN

NMN

NPA

 
 C

```

```
- i

```

```
! 88/182/EEC

! 88/320/EEC

i TECHNICAL RULES

! 73/23/EEC

! 90/18/EEC

     89/458/EEC

! FOODSTUFFS

! 86/424/EEC

     84/500/EEC

     89/105/EEC

C = Closed

```

**`NMN`** _**"**_ **`No measures`** **`notified`**

```
NPA - Not properly applied

```

```
 - j

 
NPA

 C

, 
```

```
DK

- '

C

```

```
D !

C

```

```
- !

```

```
- !

```

```
- ' NPA

```

```

C

C

```

```
L !

C

C

```

```
 
 C

 C

, 
, 
```

```
 
NPA

 
s 
```

```

```

```
NMN

```

```
NPA

 C

 C

```

```
C

```

```
, 
```

```

```

```
I 
i 
```

```
! 
```

```
NMN J 
```

```
Î 
```

```
! 
```

```
! C I

```

```
,NMN, 
```

**-27-**

DIRBCTIVFF! AFPTrT^Tff^ ™

THE REMOVAL OF TECHNICAL BARRIERS

fFREE MOVEMENT OF GOQDS^

```
With an average progress rate of 67%, the free movement of goods is the
area where the gap between the rate of adoption and the rate of
implementation is widening fastest, most strikingly in Greece and Italy.

```

```
Directives

for which

measures

have been

notified

 34

 36

 36

 20

 32

 33

 30

 20

 30

 29

 31

 39

```

```
 %

73.9

78.2

78.2

44.4

71.1

71.7

65.2

43.4

65.2

63

70.4

84.7

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives
applicable

 46

 46

 46

 45

 46

 46

 46

 46

 46

 46

 44

 46

```

```
                        -28
! OPENING OF PUBLIC PROCUREMENT ! B ! DK| D | EL| E ! F !IRL| I ! L ', NL| P | UK!

| 71/305/EEC iNPAiNPAJNPA', C !NPA| C ! C JNPAi C ! C ! C ! C |

! 77/62/EEC ! C ! C |NPA| C JNPA! C !NPA!NPA! - ! NMN! NMN', C !

! 88/295/EEC ! - Î - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - !

i 89/440/EEC ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - !

! SERVICES ! ! ! ! ! ! ! ! ! ! ! ! !

i 89/552/EEC ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - !

! 87/54/EEC | c ! - ! - !NMN| - | - j - | - ! - J C ! - ', - !

! 85/374/EEC !NMN! C ! C ! - !NMN!NMN!NMN! C ! C ! C ! - |NMN!

C - Closed

NMN - No measures notified

NPA - Not properly applied

```

**-29-**

PROGRESS IN IMPIMOTIMB DIRECTIVES APPLICABLE TO
THE OPENTOT, _OF_ _VnPq.TC._ PT^TREMENT

```
The average progress rate is only 67% here (Greece is partly to blame),
although this is a matter for priority treatment in the frontier-free area
and Spain and Portugal both enjoy derogations.

```

```
Directives

for which

measures

have been

notified

 5

 6

 5

 2

 3

 5

 4

 4

 5

 4

 5

 5

```

```
 %

71.4

85.7

71.4

40

60

71.4

57.1

57.4

71.4

 57.1

100

 71.4

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 7

 7

 7

 5

 5

 7

 7

 7

 7

 7

 5

 7

```

```
                     -30
       PROGRESS DIRECTIVES APFTrT^-AN^ TO

With an average rate of 70% despite Italy's poor performance, the process
of establishing the frontier-free area is becoming irreversible.

```

```
Directives

for which

measures

have been

notified

 74

 94

 87

 64

 79

 80

 73

 43

 72

 76

 91

 90

```

```
%

 69

 88

 81

 60

 74

 75

 68

 40

 67

 71

 85

 84

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

107

107

107

105

105

107

107

107

107

107

107

107

```

```
                    -31
3. Removal of tax barriers

Considerable progress was made in 1990, with the emphasis being placed on
the alignment and convergence of taxation systems. This is the approach
advocated by the Single Act and it serves two major objectives: to abolish
all tax checks at borders between the Twelve in practical terms by
1 January 1993 and to align VAT and excise rates (on tobacco, alcoholic
beverages and petroleum products) in all the Member States closely enough
to ensure that when the frontiers are opened in 1993 there is no risk of
competition being distorted.

This makes the Commission's work of monitoring the proper application of
Community law, whether it be the Treaty or secondary legislation, all the
more necessary. It is vital that the transition to the new taxation
system, involving both VAT and excise duties, should take place against a
background of compliance with existing Community legislation on the part of
the Member States.

Only the most important cases processed in 1990 are discussed in the
paragraphs which follow.

As regards, firstly, the application of Article 95 of the EEC Treaty, a
number of proceedings relating to vehicle taxation are under way (one
against Portugal on grounds of the discriminatory nature of its progressive
system of taxation, the other against Greece on grounds of discrimination
in the treatment of polluting and non-polluting cars), while others were
concluded following judgments of the Court of Justice. In Case C-47/88 the
Court found that Denmark was infringing Article 95 EEC by levying a very
high registration tax on imported second-hand vehicles in relation to their
value, making them more expensive than vehicles registered in Denmark. But
it acknowledged that the tax was compatible with Article 95 when applied to
new vehicles, since there is no national production. It also found the
Greek rules on tax applicable to imported new vehicles to be compatible
with that Article.

The Commission brought actions before the Court against Italy, Spain and
Greece under Article 169 for infringing Article 95 by their failure to
implement the G. Schul judgments, [1] ^ which prohibit double assessment to
VAT in respect of imports by private individuals. Before these cases came
to judgment, Italy and Greece took steps to bring their legislation into
line with the earlier judgments; Spain, however, contests those judgments.
The Court has not yet given judgment in these three cases.

16 Judgments of 5 May 1982 in Case 15/81 Schul I. 21 May 1985 in
  Case 47/84 Schul II and 23 January 1986 in Case 39/85 Bergerac-Beoque.

```

```
                    -32
Some proceedings in other areas were dropped after Member States
acknowledged that the Commission had a case. These included the action
brought against Ireland following the introduction of new measures
establishing a graduated scale of VAT on newspapers, and earlier actions
against Spain because of the system of tax on imports of denatured alcohol,
and against Italy, which eventually abolished its tax on the consumption of
bananas.

Lastly, the Commission brought an action against Italy before the Court in
the field of excise duty on beer. Other, similar cases are already pending
against the Netherlands, Belgium and Luxembourg.

Monitoring the application of secondary legislation basically concerns the
directives on VAT and tax exemption.

The fact that VAT controls affect the collection of the Community's own
resources makes them especially important.

Italy's "Community law" of 22 December 1990 put a stop to a number of
infringements relating to VAT (imports of medical samples, exemption from
VAT of services of veterinary surgeons and smiths), excluding those
concerning VAT exemption in regions affected by earthquakes and flat-rate
refund arrangements for agricultural producers.

France brought its forestry levy into line with the common system of VAT.

The same applies to the tax status of notaries and bailiffs in the
Netherlands.

The Commission went further with the proceeding already initiated in
connection with VAT on advertising services in France.

After receiving many complaints on the matter, it brought an action for
infringement against Denmark for introducing a new employer's contribution
in violation of Article 33 of the Sixth Directive, which prohibits the
introduction of any new tax of the nature of a turnover tax.

A case against Spain, for granting exemption on certain services, was also
referred to the Court.

As regards failure of national provisions to comply with the directives on
tax exemption, the Court, in a case between the Commission and Ireland,
ruled on the meaning of the term "travellers", and found that the granting
of exemption could not be dependent on a stay's lasting a particular length
of time. In other cases involving Denmark and Ireland, the Court ruled
that no quantitative limits which went beyond those explicitly stipulated
in the directive itself could be imposed in respect of tax-free imports of
goods.

```

```
                    -33
Further action was taken on a proceeding already under way against Greece
concerning temporary importation of certain means of transport, but a
proceeding against Spain involving the exemptions applicable on the import
of certain personal effects was dropped, at least as regards VAT exemption
on work on second homes.

On 23 May the Court, in Case C-31/89, held that Spanish legislation was not
compatible with Directive 83/183 on tax exemptions applicable to permanent
imports of the personal property of incLLvidua.1 s (removals) since full VAT
allowances were not given on certain vehicles when nationals of Member
States relocated to Spain. Spain subsequently enacted a law putting an end
to this infringement.

As far as the incorporation of directives with particular effects on the
establishment of the single market is concerned, two proceedings were
terminated after Italy, in its 1990 "Community law", had incorporated into
national law the directive on the application of VAT to the renting of
tangible movable property and the directive on the arrangements for
refunding VAT to taxable persons not established on Community territory.

Delays in incorporating other directives forced the Commission to bring or
continue proceedings under Articles 171 and 169 of the Treaty.

In the first instance these proceedings concern Italy, in view of its
failure to incorporate the directives on tax exemptions on the final import
of personal effects by private individuals from a Member State (removals)
and those concerning VAT exemption on certain final imports of goods. A
reasoned opinion was also served on Italy for failure to adjust the amount
of travellers' duty-free allowances, and in respect of the dispatch of
small consignments within the Community.

Proceedings were also brought against Ireland, which does not apply the
directive granting exemption on imports of certain goods either.

Lastly, proceedings were brought against Belgium, Italy, Portugal, Spain
and the United Kingdom for failure to incorporate into national law the
directive of 23 November 1989 supplementing the basic directive on tax
exemption on final imports of personal effects.

```

```
             -34
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

   DIRECTIVES (REMOVAL OF TAX BARRIERS)

```

```
P

```

```
NL

```

```

```

```
I

```

```
IRL

```

```

```

```
F

```

```
DKi D

- ! 
```

```
E

C

```

```
EL

NPA

```

```
L

```

```
UK|

- s

```

```
j 83/183/EEC - Final Imports
i of goods

C - Closed

NMN - No measures notified

NPA - Not properly applied

```

```
B

NPA

```

```
NPA

```

```
NMN

```

**- 3 5 -**

**PROGRESS** **IN IMPLEMENTING DIRECTIVES** **APPTTdAPTJ;** _**TO**_ **'TAYA.TTnrç**

```
Taxation has one of the highest rates of progress of all areas at 98%:
there is just one directive outstanding in Portugal.

```

```
Directives

for which

measures

have been

notified

 4

 3

 3

 3

 4

 4

 2

 3

 3

 3

 4

 3

```

```
%

 100

 100

 100

 100

 100

 100

 100

 100

 100

 100

 80

 100

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 4

 3

 3

 3

 4

 4

 2

 3

 3

 3

 5

 3

```

```
                    -36
4. Free movement of persons

The establishment of a large area without internal frontiers will give the
citizens of the Community a stronger sense of belonging together and will
open up new opportunities for them, both in their working life and in their
private life.

The removal of border checks on persons is one of the Community's priority
objectives in the run-up to 1992. Most of the difficulties encountered
here flow from the fact that the measures to be taken generally fall within
the field of intergovernmental cooperation, but great progress has been
made since the Rhodes European Council gave a new stimulus in December 1988
and a detailed plan of action was worked out in its wake.

The results of all this are not easily perceptible but they are not without
effect either:

- eleven Member States have signed a Convention on scrutiny of applications
 for asylum;

- a Convention to supplement the Schengen Agreement has laid, the technical
 foundation for a Europe without frontiers and, in addition, Italy has
 joined the Schengen Agreement;

- a Convention on the organization of controls at the Community's external
 borders will probably be signed in the course of the iAncembourg
 presidency;

- a whole series of measures have gradua.11 y been devised to coordinate and
 harmonize national policies relating to internal frontiers (combating
 drugs, terrorism and illegal immigration).

Looking beyond these fairly general perspectives, the citizens of Europe
are directly concerned by a large number of measures adopted under the
legislative programme for the single market. The removal of discrimination
based on nationality and of restrictions on freedom of establishment and
freedom to provide services broadens the sphere of individual rights and of
working opportunities. Even so, it cannot be forgotten that the life of
the citizen is also affected by more economic measures such as those
allowing the free importation of pharmaceutical products for personal use,
increasing the celling for duty-free entry (expressed in ecus), and
liberalizing the purchase and use of television and telecommunications
equipment. These measures mean that the principle of free movement of
goods is translated into terms of individual choice; this chapter may be
confined to individual rights in the strict sense, but it must be
remembered that the removal of trade barriers has more than a purely
economic dimension.

```

```
                    -37
Free movement of persons

There are regular complaints from individual citizens who suffer as a
result of disparities between national laws and the fact that their
application is not always consistent with Community law.

Unfortunately, the Commission is ill-equipped to deal with a great many of
these complaints since they fall within areas in which the Community has no
powers. Consequently, the Commission seeks above all to enforce the
general rules of the Treaty and secondary legislation regarding entry,
residence and taxation.

(a) Ban on discrimination

The Commission received forty or so complaints of discrimination contrary
to Articles 52 and 59 of the EEC Treaty and, in some cases, contrary to the
Directives on the mutual recognition of qualifications.

About ten of them proved to be unfounded and no action was taken. Other
cases are still being examined and in yet others infringement proceedings
have been commenced under Article 109 of the EEC Treaty.

Of the infringement proceedings commenced in response to these complaints,
attention is drawn in particular to those against certain Member States
(France, Italy and Spain) which, in the absence of a Directive on mutual
recognition of diplomas, refused to take account of periods of study
successfully completed in the country of origin with a qualification at the
end. The Commission considers this practice to be contrary to Community
law as declared in the judgment given by the Court of Justice on
15 October 1987 in Case 222/86 Uneotef v Heylens. [17] It follows from this
judgment that although, in the absence of Directives on the mutual
recognition of qualifications, the Member States retain the power to
determine the ininimum level of qualification needed to pursue an activity
in order to guarantee the quality of services supplied in their territory,
they cannot, without infringing Articles 5, 48 or 52 of the EEC Treaty,
require a national of a Member State to acquire qualifications which they
generally specify in terms of those awarded by their own educational
establishments, where the applicant has already acquired all or part of
these qualifications in another Member State. Consequently, any host
Member State which regulates a given occupation must take account of
qualifications acquired in another Member State and assess whether they
correspond to its requirements. It must then determine on an objective
basis whether the qualification is equivalent or specify what additional
training should be followed to meet its national requirements.

 17 [1987] ECR 4097.

```

```
                    -38
FoUowing the proceedings commenced, the relevant French authorities
undertook to take the necessary measures to comply with Community law and
to notify the Commission of them.

Other infringement proceedings taken in response to complaints under the
existing mutual recognition directives are described at point 11.A.4.C.

2. The Court of Justice also gave judgment in Case C-263/88 Commission v
France. France was condemned for failing to take the necessary measures to
enable nationals of another Member State holding the requisite French
qualifications to exercise their freedom of establishment or freedom to
provide services as medical practitioner, nurse providing general care,
dentist, midwife or veterinary surgeon in French Polynesia under
Article 176 of Council Decision 86/283/EEC of 30 June 1986 on the
Association of Overseas Countries and Territories with the European
Community. The same applied to the French refusal to allow establishment
or the provision of services by veterinary surgeons in New Caledonia and
dependent territories. One interesting point here is that, although the
measures required here were taken before the case came to judgment, the
Court nonetheless proceeded to give judgment since the case provided a
valuable opportunity to establish that a Member State which fails to comply
with its obligation may incur liability towards other Member States or
individual citizens.

In similar cases also concerning France (Joined Cases C-100/89 and
C-101/89, for preliminary rulings under Article 177 of the EEC Treaty),
still based on the same Council Decision, the Court held that Article 176
did not confer a right of residence in the overseas countries and
territories except where those applying for it were exercising or seeking
to exercise the right of establishment or freedom to provide services
there. It further held that the ban on discrimination could be pleaded
where applicants satisfied the conditions required of national s for
establishment in these countries and territories, as long as the Member
State of which they were national s provided identical treatment to persons
originating in the relevant overseas country or territory. It is
interesting to note here that the Court did not accept the argument
presented for the Government of the United Kingdom to the effect that,
given the specific status of the overseas countries and territories, it had
no jurisdiction in this case since the administrative tribunal for Papeete
in Polynesia, which requested the preliminary ruling, could not be regarded
as a court or tribunal of a Member State within the meaning of Article 177
of the EEC Treaty.

```

```
                    -39
Another interesting Court case was the preliminary ruling in Case C-113/89
Rjfih Portuguesa. in which the Court interpreted Articles 59 and 60 of the
EEC Treaty (cross-border freedom to provide services) and Articles 215
and 216 of the Act of Accession of Spain and Portugal. An undertaking
established in Portugal and providing construction and civil engineering
services in another Member State enjoys free movement for itself and its
staff so long as work is in progress. The authorities of the Member State
in which the services are provided may not impose on the person providing
the services specific requirements regarding the hiring of local labour or
the issue of work permits for the Portuguese staff.

Lastly, infringement proceedings based on Article 171 of the EEC Treaty for
failure to comply with judgments of the Court of Justice were brought
before the Court in the following cases:

- In Case C-228/90 the Commission brought proceedings against Greece for
 failure to comply with judgments given in Cases 147/86 and 38/87. The
 first of these judgments concerned maintenance in force of the Greek rule
 requiring Greek nationality as a condition for opening a private school,
 notably a language school (Frontistirion), and the second concerns the
 same principle as regards graduate engineers, surveyors and architects.

- Case C-297/90 was brought against Italy for failure to comply with the
 judgment given in Case 168/85 which declared that Italy was wrong to
 require Italian nationality for the occupations of guide or journalist
 and for admission to competitive examinations for qualification as
 pharmacist.

Proceedings brought under Article 169 of the EEC Treaty following the
judgment given in Case 186/87 Cowan on 2 February 1989 against Member
States whose schemes for compensating the victims of acts of violence
discriminated on the basis of nationality have begun to bear fruit:
Germany and France have both changed their legislation to remove the
offending discrimination. Proceedings are, however, still in hand against
Belgium, Luxembourg and the Netherlands, who have received reasoned
opinions from the Commission.

In the area governed by Regulation (EEC) No 1612/68 on freedom of movement
for workers, excellent cooperation with Germany meant that the Commission
was able to close an infringement proceeding with respect to legislation
which discrijminated in the grant of welfare benefits, Germany now having
abolished the offending discrimination.

```

```
                    -40
Portuguese legislation imposing a nationality requirement for access to
certain occupations on board ships flying the Portuguese flag has been
amended in line with Community legislation on free movement. The
Commission accordingly closed the proceedings. This is particularly
important in so far as the same form of discrimination subsists in other
Member States (Belgium, France, Greece, Italy, Spain and the United
Kingdom).

A number of infringement proceedings are in hand against certain Member
States regarding equal treatment for the purpose of welfare benefits
(Belgium, France, Greece and Luxembourg). A reasoned opinion was addressed
to the Luxembourg Government concerning discrimination in the grant of
prenatal and maternity benefits.

Several proceedings were continued against certain Member States (Denmark,
France, Germany, Luxembourg and the Netherlands) with respect to equal tax
treatment for Community workers, particularly as regards discrimination in
national legislation regarding the payment of income tax for non-resident
workers. These proceedings were based on Article 7(2) of Regulation (EEC)
No 1612/68, as interpreted by the Court of Justice on 8 May 1990 in
Case C-175/89 K. Biehl v Administration des Contributions du Luxembourg.

lastly, infringement proceedings against Luxembourg with respect to
discriminatory rules on the exercise of trade union rights - the right for
workers from other Member States to vote and stand as candidates at
elections for representatives to trade organizations - proceeded with the
transmission of a reasoned opinion.

Greece and Spain continue to apply discriminatory treatment to national s of
other Member States regarding museum admission charges.

The Commission considered this discrimination to be contrary to Articles 7,
48, 52 and 59 of the EEC Treaty, and infringement proceedings were
commenced in 1987 (Cases 87/351 and 87/352).

Although at the end of 1989 Spain announced that it would apply equal
treatment to all Community national s as a result of the 1990 reform of the
national tax system, the Commission has not been notified of any measure to
this end. It accordingly decided to send an additional reasoned opinion to
Spain. The Greek case was referred to the Court of Justice.

```

```
                -41
(b) Entry and residence

Under Articles 2 and 3 of Directives 68/360/EEC and 73/148/EEC, the only
formality required to cross the border when leaving or entering a Member
State is the presentation of an identity card or passport.

The Commission is continuing to see that these rules are abided by, and has
issued a reasoned opinion to Denmark where officials are continuing to
stamp the passports of Community nationals entering their country and to
ask them a series of questions. The Commission has also brought an action
against the Netherlands (Case 68/89) concerning questions put to travellers
by border officials.

The Commission is also paying close attention to compliance with rules of
Community law applicable to Community nationals' family members who are not
themselves nationals of a Member State. Under Community law, national
authorities must supply visas free of charge to these people and give them
every facility.

The Commission has addressed a reasoned opinion to Italy for charging for
such visas, whereas proceedings against Germany and Portugal were closed
when these two countries gave satisfactory answers. Proceedings against
France, Greece and Spain on the facilities aspect were closed, but reasoned
opinions were addressed to Belgium and Italy.

The Commission decided to terminate a proceeding against Germany in which
the Court of Justice had given judgment. Germany at last changed national
rules which imposed discriminatory terms regarding proper accommodation for
the family members of workers from other Member States; there was a
requirement as to the ininimum number of square metres per family member
before they were allowed to settle.

(c) Recognition of diplomas

The Commission continued to monitor the implementation of Council
Directives issued under Article 59 of the EEC Treaty to ensure free
movement and the recognition of qualifications of professional and employed
persons. In the Seventh Report, last year, it stated that there had been a
substantial increase in the number of infringement proceedings following
the recent adoption of directives for architects, pharmacists and doctors
in general practice. [18 ]

In response to these proceedings, certain Member States took the requisite
implementing measures. Proceedings remain in hand with respect to the

18 Directives 85/384/EEC, 85/432/EEC and 86/457/EEC.

```

```
                    -42
others, and new proceedings have been commenced for incomplete or incorrect
transposition of the Directives. Proceedings are in hand against Belgium,
Greece, Italy and Spain as regards architects, Belgium, Germany, Italy and
Luxembourg as regards pharmacists and Italy as regards doctors in general
practice.

Some of these cases have already reached the Court of Justice - architects
in Greece (Case C-309/90) and Italy (Case C-296/90), pharmacists in Belgium
(Case C-167/90), Italy (Case C-152/90) and Luxembourg (Case 168/90), and
general practitioners in Italy (Case C-292/90).

Proceedings were also commenced against certain Member States on grounds of
incorrect transposition of earlier mutual recognition directives, some of
them in response to complaints received. The following are worthy of
attention:

- Proceedings against Spain under the Dentists Direotive (78/687/EEC).
 Under the Act of Accession, Spain is not required to recognize the
 qualifications of dentists qualified in other Member States until
 1 February 1991. The Commission was, however, informed by a complaint
 that whereas such dentists were not given access to the profession Spain
 had for some years authorized a large number of dentists to practise in
 its territory after obtaining their qualifications in non-member
 countries, chiefly in Latin America. The Commission considers that
 authorization to practise with effect from the date of accession
 (1 January 1986) is contrary to Community law if the training received in
 non-member countries was of a lower level than that required by the
 Dentists Directive.

- Proceedings against Germany, also based on a series of complaints under
 the Dentists Directive (78/686/EEC) since Germany, as the Commission sees
 it, does not allow dentists qualified in other Member States in
 accordance with the Directive to practise there unless they accept
 additional conditions not provided for in the Directive.

- Proceedings against Italy based on the Dentists Directive (78/686/EEC),
 since Italy, having transposed the Directive correctly though rather
 late, passed a new law in 1988, authorizing doctors not specialized in
 dentistry to practise as dentists beyond the final date set in Article 19
 (January 1980), contrary to the Directive.

```

```
                    -43
 Proceedings against Luxembourg, where doctors, dentists and veterinary
 surgeons wishing to establish themselves are required to close the
 surgery which they already have in another Member State. The Commission
 considers this to be contrary to Community law, and in particular to the
 judgment given by the Court of Justice in Cases 107/83 Klopp. [19] and 96/85
 Commission v France. [20] This proceeding has now reached the Court of
 Justice (Case C-351/90).

- Similar proceedings against Germany, where pharmacists who have an
 establishment in another Member State may not open a new one in Germany.

Infringement proceedings were commenced against Greece and Spain for
incomplete transposition of a whole series of directives laying down
transitional measures for the recognition of professional qualifications
(24 in Greece and 12 in Spain).

Proceedings have also been brought against several Member States under
Article 171 of the EEC Treaty where judgment had already been given against
them in the Court of Justice for incomplete transposition of certain
Directives:

- Case 236/89 concerns the failure of Italy to comply with the judgment in
 Case 49/86 concerning transposition of the Doctors Directive (82/76/EEC);

- in new proceedings, reasoned opinions were addressed to Belgium and Italy
 for failure to comply with the judgments in Cases 283/86 and 310/86 for
 incomplete transposition of the Transport Auxiliaries Directive
 (82/470/EEC).

(d) Access to employment in the public service (Article 48(4) of the EEC
  Treaty)

On 25 July 1990 the Commission decided to serve notice on those Member
States whose legislation still imposed a nationality requirement on
candidates for posts in priority areas - teaching, civilian research,
public health care and public service corporations - following its
communication of 18 March 1988. [21 ]

19 [1984] ECR 2971.
20 [1986] ECR 1475.
21 OJ C 72, 18.3.1988, p.2.

```

```
            SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

               DIRECTIVES (FREE MOVEMENT OF PERSONS)

  ENTRY AND RESIDENCE DK EL IRL NL UK

     68/360/EEC NPA NPA

     73/148/EEC NPA NPA NPA!

C - Closed

NPA - Not properly applied

```

```
-45
```

```
NL| P !

```

```
F | IRL !

```

```
C !

C

C

C

```

```
1 | L j

```

```
I RECOGNITION OF DIPLOMAS j

```

```
B !

```

```
DK| D !

```

```
! 78/686/EEC - dentists ! CW !

```

```
CW !

```

```
- !

```

```
UK!

C i

C i

- j

C !

```

```
C ! NPA!

```

```
EL | E |

C ! NPA!

```

```
C !

```

```
C

C

```

```
NPA!

```

```
CW |

```

```
|NPI

```

```
CW

 C

 
! C

```

```
NMN i 
```

```
NPA

 C

NMN

```

```
C

```

```
CW

 C

1

| 
! C

j 
```

```
! 
```

```
! 78/687/EEC - dentists

! 82/76/EEC - doctors

î 82/470/EEC - transport

! aux i1larles

! 85/384/EEC - architects

î 85/432/EEC - pharmacists

! 86/457/EEC - general

! medicine

```

```
CW

CW

NPI

```

```
C

```

```

C

```

```
NPA

 
```

```
! 
```

```
| 
i 
```

```
} - !

! - !

```

```
!NPI ! 
jNP 1 ! C

```

```
NMN

```

```
jNMN ! C

INMN I 
```

```
i c ! 
```

```
INPI ! C j

```

```
!NPA ! 
```

```
1NMN ! C

```

```
i c

```

```
! C

i 
i 
```

```
! 
```

```
! C

```

```
i 
```

```
i 
```

```
! C

```

```
C - Closed

CW - Case withdrawn from Court of Justice

NMN - No measures notified

NPA - Not properly applied

NPI - Not properly incorporated

```

PEOGKESS IN IJdPLEMENTM; DIRECTIVES APPT.TnAJ^ _yr*_
FREE MOVEMENT OF PERSONS

```
The overall rate of progress, at 94%, is considerable, even if it is not
always obvious to the citizen.

```

```
Directives

for which

measures

have been

notified

 9

 9

 9

 7

 9

 9

 9

 6

 8

 9

 9

 9

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 9

 9

 9

 9

 9

 9

 9

 9

 9

 9

 9

 9

```

```
 %

100

100

100

 77.7

100

100

100

 66.6

 88.8

100

100

100

```

```
                    -47
5. Consumer policy and product safety

The first directive issued under the new approach, Directive 88/378 on toy
safety, became applicable this year. This is an important directive bat
the Commission observes that progress in implementing it has been
disappointing.

In the second half of 1989 only three Member States had adopted
implementing measures although the time limit for implementation was
30 June 1989. This, then, was the situation on 1 January 1990, when
harmonized rules for the internal market in toys were supposed to be in
operation everywhere. In the course of the year five further Member States
notified implementing measures, though some of them deviated quite
substantially from what was required by the directive. And by the end of
1990, four Member States had still not notified their national legislation.
As long as the Member States do not have equivalent legislation and good
administrative practice to back it, the directive cannot have its full
effect. Moreover, late transposition by the Member States generates
problems as to the treatment of toys already delivered to dealers at all
levels of the distribution chain before the directive entered into force

and still in their stocks.

The transposition of other directives also leaves much to be desired. More
than half the Member States still have to Implement Directives 87/102
(consumer credit), 88/315 (amending Directive 79/581 on the indication of
food prices) and 88/314 (indication of prices of non-food products).

In judgments given on 16 November and 6 December 1989 respectively, the
Court of Justice found that Belgium and Greece had failed to transpose
Directive 84/450 on misleading advertising. Greece has now adopted
implementing measures, but Belgium has still not fully complied with the
Court's judgment. Italy has not yet transposed the Directive and
infringement proceedings are in motion.

As regards the directive on cosmetics (76/768), the preliminary ruling
given by the Court of Justice on 23 November 1989 at the request of a
German court held that the Italian legislation was contrary to the
directive, but Italy has still not brought its legislation into line with
Community law.

```

```
                    -48
The Commission has still been receiving complaints on the way Community law
on consumer protection is applied in the Member States. One important case
concerned cross-frontier problems in applying Directive 84/450 on
misleading advertising. Several complaints were received <3oncerning
misleading advertising emanating from one Member State and addressed
exclusively to the public in another Member State. This case highlighted
the difficulty of applying directives in a cross-border context, for each
piece of implementing legislation is always, despite harmonization, a piece
of national legislation which applies only within national borders.

```

```
                           -40
           SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

                  DIRECTIVES (CONSUMERS)

                    ! B ! DK! D ! EL! E ! F !IRL! I | L ! NL! P | UK

    88/378 ! C SNMNi C ! C ! - ! - ! C !NMN!NMN!NMN! - ! 
    88/102 ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! - ! 
    88/315 ;NMN: - : - ;NMN: - INMN: - ;NMN; - INMNI - INMN

      88/314 J NMN', - ! - ! C ! - |NMN| - ! NMN ! - |NMN| - |NMN

    84/450 INMN! - ! - I C | - ! - ! C |NMN| - ! - j - | C

    76/768 ! C ! C î C !NPI !NPI!NPI ! - !NPI ! C ! C !NPA! C

C - Closed

NMN - No measures notified

NPA - Not properly applied
NPI - Not properly incorporated

```

                                  - 5 0 

PROGRESS IN IQJPIJMWtNG DraECTIVHft APPT-TnAKT.?; TO OflNSOMERS

```
Progress here, at 83% is reasonably good.

```

```
%

 78

 88

 93

 85

 88

 85

 76

 73

 80

 80

 78

 90

```

```
Directives

for which

measures

have been

notified

 32

 36

 38

 35

 36

 35

 31

 30

 33

 33

 32

 37

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 41

 41

 41

 41

 41

 41

 41

 41

 41

 41

 41

 41

```

                                  - 5 1 

B. EMPLOYMENT AND SOCIAL POTJCY

^ [1]
1. F/T [1] t f rfta.tmCTt

```
A reasoned opinion was sent to the Greek Government in 1990 concerning
non-conformity of the measures it had introduced to give effect to
Directive 76/207/EEC on equal treatment for men and women as regards access
to employment.

Another was addressed to the Belgian Government in respect of a specific
case of discriinination against women in occupational supplementary
redundancy payment schemes.

The United Kingdom, Ireland, Greece and the Netherlands were late in
transposing into national law certain parts of Directive 79/7/EEC on the
progressive implementation of the principle of equal treatment for men and
women in matters of social security, which applies only to statutory
schemes. For these countries a serious problem is posed by the fact that
certain national implementing measures, adopted late, were not made
retroactive (to the deadline for transposition fixed by the Directive).

The four infringement proceedings for faulty application are in progress.

Five Member States (Belgium, Denmark, Greece, Italy and the Netherlands)
have not communicated measures to give effect to Directive 86/378/EEC on
equal treatment for men and women in occupational social security schemes.
Letters of formal notice were sent in 1990.

Transposition measures should have been communicated by 30 July 1989, and
the Directive should have effect from 1 January 1993.

It should be noted, however, that the judgment handed down by the Court of
Justice in Case 262/88 Eaxbex on 17 May 1990 invalidated several provisions
of the Directive with regard to employees, to whom Article 119 of the EEC
Treaty is henceforth directly applicable.

```

**-52-**

**2.** **Sryrlfll security**

```
The Commission is very pleased with the progress made in this area, which
is so important for the promotion of occupational mobility within the
Community, thanks to the termination of a number of infringement
```

**`proceedings, some`** **`of`** **`which dated from 1986.`** _**The**_ **`cases were ended once`** **`the`**
```
Member States concerned had rectified the situations challenged. Three of
them had to do with the principle of the "exportahility" of benefits
falling within the scope of Regulation (EEC) No 1408/71.

However, there are different interpretations of the exportahility
principle, and the Commission is pressing on with proceedings in which
reasoned opinions have been sent to four Member States (Belgium, Denmark,
Italy and the Netherlands).

Two further infringement proceedings, initiated for the same reasons, are
pending before the Court of Justice.

Three other reasoned opinions were sent to Germany, Belgium and Italy in
connection with discrimiiiatory practices based on nationality in fields
such as unemployment benefit withheld from Community nationals not covered
by the bilateral Swiss-German agreement, unjustified reductions in old-age
pensions, and unemployment benefit.

Two proceedings against Germany which were terminated are worth mentioning.
They concerned:

  refusal to allow periods devoted to the bringing up of children to
  count for purposes of the pension insurance scheme; and

  refusal to grant family allowances to workers with children who are
  unemployed in another Member State.

A case similar to the latter concerning the Netherlands was also
terminated.

Lastly, it was decided to terminate a proceeding against France relating to
contributions paid by Community nationals who worked in Algeria before
independence.

```

**3.** **Ttea-1-hh** ***.T^** **sa-tety** **of workers**

```
In 1990 the Commission sent letters of formal notice to the governments of
six Member States (Germany, Italy, Luxembourg, Netherlands, Portugal and
Spain) for failure to cxamraunicate national measures to give effect to
Directive 88/364/EEC banning certain specified agents and/or certain work
activities.

Germany and Italy have since communicated their implementing measures to
the Commission.

```

```
                    -53
Notioe was served on only four Member States (Belgium, Italy, Luxembourg
and the Netherlands) for failure to communicate national measures to give
effect to Directive 86/188/EEC on the protection of workers from noise.

It should be borne in mind, however, that these two Directives ought to
have come into operation on 1 January 1990.

In response to letters of formal notice sent to seven Member States in 1989
(Denmark, France, Greece, Italy, Luxembourg and the Netherlands) and 1990
(Spain), only Greece and France have communicated national measures to give
effect to Commission Directive 88/35/EEC adapting to technical progress
Council Directive 82/130/EEC on the approximation of the laws of the Member
States concerning electrical equipment for use in potentially explosive
atmospheres in mines susceptible to firedamp. With regard to the same
Directive, the Commission initiated proceedings for non-conformity of
national implementing measures against France and the United Kingdom.

4. Working conditions

The Commission sent reasoned opinions to the United Kingdom Government for
non-conformity of national measures to give effect to Directives 75/129/EEC
(collective redundancies) and 77/187/EEC (safeguarding of employees' rights
in the event of transfers of undertakings), with particular reference to
the fact that workers' representation in firms depends solely on the
employer.

As in the seventh report, it has to be pointed out once again that
Directive 75/129/EEC has still not been transposed into Italian law despite
the fact that the Court of Justice has found against Italy in two
judgments.

As agreed by the Commission, the relevant Member of the Commission made
representations to the Italian Government at a Council meeting to secure
the adoption of the measures required.

The Commission has not yet received any communication to this effect from
the Italian Government.

```

```
              -54
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

  DIRECTIVES (EMPLOYMENT AND SOCIAL POLICY^

```

```
! EQUAL TREATMENT ! B ! DK| D i

```

```
EL! E :

```

```
F ! IRL! I ! L

```

```
NL| P !

```

```
UK!

```

```
! 76/207/EEC

! 79/7/EEC

! 86/378/EEC

J HEALTH AND SAFETY

! 88/364/EEC

! 86/188/EEC

! 88/35/EEC

! 82/130/EEC

! WORKING CONDITIONS

! 75/129/EEC

! 77/187/EEC

C » Closed

D - Derogat ion

NMN - No measures notified

NPA « Not properly applied

NPI - Not properly Incorporated

```

```

```

```
NPAj D ! C

NPA! - ! 
NMN!NMN! 
```

```
NPI

 
```

```
- ! NPI ! C i C

  - iNPA! - :

```

```
C

C

```

```
- ! C !

```

```
 C !

NPA

```

```
- ! NPA!

```

```
NMN! C iNMN

```

```
NMN NMN

```

```
NMN

```

```

```

```
- ! - JNMN

```

```
NMN

```

```
NMN

```

```
- !

- !

- !

```

```
- ! - JNMN

- iNMN! 
- !NMN! 
```

```
NMN

```

```
NMN

```

```

```

```
NMN

```

```
NMN

```

```

```

```
- ! - !NMN

```

```
NMN

```

```
NPI !

NPA!

NPA!

```

```
NMN

```

```
NMN! C INMN

```

```
NMN NMN

```

```
NMN

```

```
: c ! 
 C

```

```
C ! C ! C

C ! - ! C

```

```
! C

 C

```

```
C ! C !NMN

C ! C ! C

```

```
C

C

```

```
! 
 
```

```
                     -55
       FROGRESS IN IMPLEMENTINr, nrKBTCETVKfi APPLTCAKT.E TO

             EMPLOYMENT AND SOOIAL POLICY

There were 22 directives [22] to be transposed by the Member States on
31 December 1990. The transposition rate was 62%. Italy and the
Netherlands are the main "laggards", as can be seen from the table.

```

```
Directives

for which,

measures

have been

notified

 19

 18

 18

 16

 18

 18

 16

 15

 16

 15

 16

 19

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 21

 20

 21

 21

 21

 21

 19

 21

 21

 21

 19

 21

```

```
 %

90.4

90

85.7

76.1

85.7

85.7

84.2

71.4

76.1

71.4

84.2

90.4

```

```
22 The number varies from one Member State to another because of

  derogations and provisions which are not applicable or have been
  changed.

```

```
                    -56
         OOMMON AGRIGOLTORAL AND FISHERIES POLICIES

i. Common agricuLtuxal policy

Agricultural legislation

Whilst working towards the removal of technical barriers to the free
movement of agricultural products (in the ways described above), the
Commission has also endeavoured to ensure that the other provisions of the
Community's agricultural legislation are genuinely and properly applied.

In particular it has closely monitored compliance with the mechanisms
introduced to bring agricultural production under control and thus ensure
the rapid, effective and non-^iiscrimiiiatory application of the measures
taken to reform the CAP. This close surveillance has revealed a number of
shortcomings affecting both the specific measures to contain production
(milk quotas, co-responslhility levy on cereals, compulsory distillation of
wine) and the structural measures for the limitation of supply (set-aside).

The action taken on infringements against the milk quota system included
the partial recovery of the additional levy due in certain Member States
(Belgium, Germany, Italy and Luxembourg) where the overall guaranteed
quantity for 1988-89 had been exceeded. This was consistent with the
Commission's decision to withhold a total of ECU 57.4 million of the
advances due to these Member States in respect of EAGGF expenditure. This
decision was contested in the Court of Justice by two of the Member States
concerned. Apart from the financial aspects, such infringements mean that
not all producers are treated equally under the compulsory measures adopted
at Community level since the penalties applied differ from one Member State
to another.

Similarly the Commission found, on initiating the Article 169 procedure,
that France was incorrectly implementing the arrangements whereby the fat
content of milk deliveries is taken into account and that, consequently,
French producers enjoyed an unfair advantage. In certain cii'cumstances a
higher fat content may entail the collection of the additional levy.

A problem similar to that encountered with the milk quota scheme was
France's failure to collect and pay to the Community budget the
co-responsibility levy on cereals. On 5 December 1990 the Commission
therefore decided to issue a reasoned opinion on this matter.

```

```
                    -57
As regards cxampulsory distillation, the Court of Justice, ruling on an
application from the Commission, condemned the German authorities' failure
to order the immediate enforcement of notices of liability for œmpulsory
distillation during the 1984-85 wine year or to use the coercive measures
provided for under German law to deal with producers refusing to deliver
table wine for such distillation. [25 ]

As regards structural measures to limit supply, the Commission found that
Denmark was the only Member State not to have adopted the necessary
legislative measures introducing a system of aid to encourage the set-aside
of arable land. The Commission therefore referred the matter to the Court
of Justice. In the course of the proceedings, however, Denmark adopted the
required measures, thus enabling the Commission to withdraw its action.

Whilst monitoring the application of the measures taken to reform the CAP,
the Commission also made a point of prosecuting those infringements which
could affect the control exercised over EAGGF resources. In this context
the Commission was particularly pleased to withdraw the action brought
against France, which had failed to adopt provisions penalizing
infringements against the aid scheme for the production of olive oil as
provided for in Regulation (EEC) No 2262/84. Following a preliminary
hearing the French authorities notified the Commission of the rules and
regulations laying down the national penalties concerned.

Lastly, the Commission initiated proceedings against certain Member States,
and Belgium in particular, for their failure to carry out proper
inspections of the storage conditions and health status of intervention
beef.

Although the measures taken to reform the CAP have received special
attention, the Commission has not neglected to check on the application of
specific market-organization mechanisms. The Court of Justice ruled
favourably on two actions brought by the Commission against Greece for
non-compliance with the rules on the common organization of the market in
cereals.

23 See judgment of the Court of Justice in Case 217/88 Commission v
  Germany, not yet reported.

```

```
                     -58
For several years the Commission has been endeavouring to eliminate the
irregularities in the management of this market which have arisen from
government intervention through KYDEP (described as a form of cooperative
organization), with the result that, in the case of products such as feed
grain, what might be called a national market organization has continued to
operate since Greek accession.

The Commission succeeded in collecting, by its own methods, sufficient
proof to convince the Court of Justice that the Government had instructed
KYDEP to buy in poor-quality durum wheat which failed to meet intervention
standards [24], that feed grain had been bought in at prices higher than the
market price, and that KYDEP had sold this grain at a loss to stockfaxmers,
the loss being covered by the State. [25] » [26 ]

One other case is pending, concerning a system of government "programme
contracts" to encourage exports, at set prices, of pasta products, flour
and meal made from cereals receiving a hidden subsidy from the State. [27 ]

24 Judgment of 24 November 1989 in Case 281/87 Commission v Greece, not yet
  reported.
25 Judgment of 12 July 1990 in Case 35/88 Commission v Greece, not yet
  reported.
26 Judgment of 30 May 1991 in Case 110/89 Commission v Greece, not yet
  reported. The Court also ruled against the ban on exports imposed on
  private traders at KYDEP's request in autumn 1985.
27 Case 61/90, Commission v Greece, pending.

```

```
                    -59
This was the case, for example, with the monopoly granted by Greece to the
Ktinotrofiki cooperative for the supply of frozen beef from intervention
stocks to non-profit-making institutions and establishments (hospitals) and
with the failure of Greece to recognize certain producers' organizations
even though the latter met the Community criteria for recognition
(N.B. : Greece complied with the rules before the preliminary hearing). As
regards non-recognition of producers' organizations and associations
thereof, it should also be mentioned that Spain has finally complied with
the Commission's reasoned opinion by recognizing the FEDEPROL organization.

Apart from the measures taken to reform the CAP, the checks on EAGGF
expenditure and specific market-organization measures, the Commission took
action to rectify any infringements brought to its attention as conflicting
with the terms of the most recent accession.

In the agricultural sector these infringements included Spain's refusal to
authorize imports under the offsetting arrangements applicable in the oils
and fats sector and the continued marketing in the United Kingdom of
products described as "Australian Sherry" or "South African Sherry", such
descriptions being prohibited under the Community rules.

It should be mentioned that both these Member States did comply with the
rules once a reasoned opinion had been issued.

Lastly, the Commission must single out for special criticism Italy's
persistent refusal to comply with the Court's ruling of 12 February 1987 in
Case 69/86 whereby the Court had censured Italy under Article 171 of the
EEC Treaty for non-compliance with the judgment given on 15 November 1983
in Case 322/82 concerning Italy's failure to observe the rules for the
enforcement of quality standards in the fruit and vegetables sector.

Despite repeated approaches from the Commission, Italy still refuses to
comply with the rules, to the detriment of the proper working of the
Community, which is based on observance of the law.

```

```
                    -60
Agricultura,1 directives

The areas covered by the harmonization directives are plant health, seeds
and seedlings, animal feedingstuffs and the veterinary sector.

Where the transposition of directives was concerned, 1990 saw a significant
increase in the number of infringement procedures initiated under
Article 169 of the Treaty for failure to inform the Commission of national
implementing measures. The number of such procedures rose from 90 in 1989
to 127 in 1990, whilst the number of reasoned opinions (28) and referrals
to the Court (3) showed little change. It should be noted, however, that
57 formal notices were served on a single Member State (Portugal) which,
despite the time which it has been given to transpose the Community rules,
is still lagging well behind in the agricultural sector, particularly in
the veterinary field where certain important directives have not yet been
fully transposed. These include Directive 71/118/EEC (poultrymeat), the
amendments thereto and other directives of great importance to the
completion of the single market in 1992 (the directives on hormones,
heat-treated milk, animal diseases, pesticide residues in foodstuffs of
animal origin). It should be said, however, that Portugal has made a
considerable effort in the feedingstuffs sector where all the directives
have now been transposed, thus making Portugal the first Member State to
meet its obligations in this area.

Despite its declared willingness to take action, Italy is still
encountering great difficulty in transposing the agricultural directives.
Following the three reasoned opinions issued against Italy in 1989 for its
failure to implement the judgments given by the Court of Justice, a formal
notice was served on Italy in 1990 for the same reason. Leaving aside
Portugal, Italy is also the Member State against which the largest number
of infringement procedures were initiated in 1990 for failure to transpose
legislation (13 formal notices, 10 reasoned opinions and 3 referrals to the
Court).

Despite the contacts maintained since the White Paper and despite the
Commission's insistence that Member States should give priority to the
transposition of directives with a view to the completion of the internal
market, it is a regrettable fact that some Member States do not appear to
consider the transposition of directives as a priority matter. In addition
to the above-mentioned infringements by Portugal and Italy, the Commission
had to address nine letters of formal notice and one reasoned opinion to
the Netherlands, six formal notices and six reasoned opinions to Greece,
and six formal notices and five reasoned opinions to Belgium.

The follow-up to the White Paper seems to be bearing fruit, however, and
certain Member States deserve some praise, including Denmark, to whom no
letter of formal notice or reasoned opinion was addressed in 1990.

```

```
                    -61
Spain, for its part, has made a considerable effort to bring its national
law into line with Community law. Only six formal notices have been served
on this Member State, which thus ranks as third (after Denmark and Germany)
among the Member States doing most to meet their obligations as regards
transposition.

The transposition of certain directives would seem to pose problems for the
Member States generally. Since these directives are important in the
context of 1992, they deserve a special mention in this report.

One category comprises the various directives relating to reproduction and
artificial insemination. The deadline for the transposition of these
directives has either expired already or will expire in 1991.

Directive 87/328/EEC (pure-bred breeding cattle), for example, was the
subject of three reasoned opinions in 1990 whilst eight letters of formal
notice had to be sent concerning Directive 88/407/EEC (artificial
insemination) during the same year. This would therefore seem to be a
sensitive area and since the five directives dealing with pigs, sheep and
goats for breeding and the importation of bovine embryos are due for
transposition in 1991, there is reason to fear that the number of
infringements in this sector will increase considerably unless it receives
closer attention from the Member States.

Another category of directives forming the subject of infringement
procedures consists of those relating to trade in fresh meat. In 1990 six
reasoned opinions were addressed to Member States which had not yet
transposed Directives 88/288/EEC and 88/289/EEC.

The transposition of the directives relating to iiiter-Ccanmunity and
extra-Community trade in meat products also seems to cause the Member
States serious difficulties. Directive 89/227/EEC, which was to be
transposed by 30 June 1990, has thus been the subject of eleven
infringement procedures.

These examples, all of which involve ""White Paper" directives that must be
transposed and implemented for the completion of the internal market,
illustrate the difficulty which Member States have in meeting their
obligations in this field. An extra effort is called for in view of the
limited time available for achieving the 1992 objective.

Similarly, the Commission notes that several Member States have been very
slow to transpose directives relating to plant health (pesticide residues
and harmful organisms), on the one hand, and to the marketing of seeds and
seedlings on the other.

In view of such slow progress and given the short time left for the
completion of the internal market, the Member States concerned will have to
take appropriate steps to ensure that the directives which the Council is
to adopt in these sectors in 1991 are transposed within the prescribed
time-limits.

```

```
                 -62
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO DIRECTIVES (CAP)

```

```
E' F IRL
 |

```

```
L | NL| P S UK|

```

```
i AGRICULTURAL DIRECTIVES ! B

! 89/227/EEC jNMN

! 88/407/EEC SNMN

     88/289/EEC JNMN

! 88/288/EEC îNMN

! 87/328/EEC ! 
     71/118/EEC JNPA

C « Closed

D « DerogatIon

NMN - No measures notified

NPA = Not properly applied

```

```
DK| D ', EL

- JNMNINMN

```

```
I

```

```
NMN|NMN

```

```
NMN

```

```
NMN

```

```
NMN|NMN| - |NMN|

```

```
NMN| - |NMN}NMN|

```

```
NMN

```

```
- I - INMN

C | C | C

- I C INMN

- | C |NMN

- INPASNPA

```

```
- INMN

- I 
- I 
D S C

```

```
- I 
```

```
NMN

```

```
- I C | - | - |

- I C | - INMN|

C |NMN| - î NPA!

C I C |NMN| - |

```

```

```

```
NMN

NMN

```

```
NMN

```

```

```

```
! 
```

```
I NPA

```

```
                  -63
                    nnrarnvES APPLTCATÏÏ.K
```

_WOW,_ `TOE` `CAP`

```
Harmonization under the agricultural policy entails a varying number of
directives in the different Member States. The rate of progress, at 92%,
is attained despite problems in the veterinary area, particularly in
relation to trade in fresh meat.

The low figure for Portugal is evidence of the difficulties arising as the
approaching end of its transitional period - and therefore of its
derogations - means that the new obligations will soon have to be met.

```

```
 %

93.6

96.1

97.2

93.1

95.2

93.2

93.2

83.5

91.6

94.0

63.3

95.2

```

```
Directives

for which

measures

have been

notified

233

241

242

231

236

232

232

208

228

234

157

237

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

united Kingdom

```

```
Directives
applicable

249

249

249

248

248

249

249

249

249

249

248

249

```

```
                    -64
2. Common fisheries policy

To enforce the Community arrangements for the conservation and management
of fiEfo «tnnft r cf r the Commission continued to take action whenever catch
quotas were exceeded, bearing in mind that overfishing indicates a failure
of the Member State concerned to monitor fishing activities. This view was
shared by the Court in its judgment of 20 March 1990 in Case C-62/89
Commission v France, which dealt with instances of overfishing in the
course of 1985. Another action brought against France (Case C-244/89:
overfishing in 1986) is still pending. Infringement procedures were also
initiated against the United Kingdom (overfishing in 1985, 1986 and 1987),
the Netherlands (overfishing in 1986 and 1987), Spain (overfishing in 1988)
and France (overfishing in 1988).

Compliance with the fishery control measures which Member States must apply
on their territory and within their waters received special attention from
the Commission with a view to ensuring the consistency of the conservation
arrangements. Investigations were made into infringements by Spain
(failure to check landing declarations against the data recorded when the
fish were sold), France (failure to meet its obligation to penalize
breaches of the Community rules concerning logbooks), Spain (refusal to
cooperate with authorized Commission inspectors), France (failure to
observe the deadline for the notification of catches subject to TACs or
quotas) and Denmark (national legislation contrary to the Community rules
concerning logbooks). The cases referred to the Court (Case C-64/88
Cnmrpi.s^lon v France: inadequate enforcement of technical measures for the
conservation of stocks; Case C-258/89 Commission v Spain: failure to meet
the obligation to record catches subject to TACs or quotas in waters
outside the Community fishing zone) are still pending.

There has been a considerable improvement in Member States' application of
the Community rules on the compulsory notification of the data required
under the common organization of the market. The Commission has been able
to terminate a procedure initiated against France. On 27 November 1990 the
Court delivered its judgment in the cases against Ireland (Case C-39/88),
Greece (Case C-200/88) and Italy (Case C-209/88). In the latter the
Court's ruling confirmed the Commission's position as justified.

The Commission has continued its close and systematic monitoring of
```

`rational` `figfyyH` _es_ `legislation in order to assess` `compatibility` `with the`
```
provisions and prerogatives of Community law. In this context, mention
should be made of the cases referred to the Court in 1989. Case C-93/89
concerns Irish legislation which makes the issue of fishing licences
subject to a nationality condition, whilst Case C-246/89 relates to the
United Kingdom's Merchant Shipping Act 1988, which lays down nationality

```

```
                    -65
conditions for the granting of national flag rights to fishing vessels.
Judgment on both these cases is pending. The same applies not only to
Case C-221/89, in which the Court has been asked for a preliminary ruling
on British legislation concerning the granting of national flag rights to
fishing vessels, bat also to the applications lodged under Article 169 of
the Treaty against the British legislation which makes fishing licences
subject either to nationality and residence conditions as regards the
composition of crews or to conditions whereby vessels must return
periodically to British ports (Case C-279/89) and against Irish legislation
which, following the example of the United Kingdom, prohibits British
vessels from fishing in Irish waters unless they have obtained a fishing
licence subject to the terms laid down by the above-mentioned British
legislation (Case C-280/89).

In conjunction with the legal proceedings brought against the British
legislation on the granting of flag rights to fishing vessels, mention
should also be made of the House of Lords' request for a preliminary
ruling, under Article 177 of the Treaty, concerning the obligation on
national courts to grant interim relief if the case in question has been
referred to the Court of Justice (Case C-213/89). In its ruling of
19 June 1990 the Court confirmed that national courts were obliged in such
cases to ensure full compliance with directly applicable Community law. In
its ruling of 27 July 1990 the House of Lords therefore granted the
applicants, who were contesting the restrictive conditions introduced by
the British legislation in question, the necessary legal protection while
the main action was pending.

Whilst initiating proceedings against the United Kingdom legislation on the
granting of licences and flag rights to fishing vessels, the Commission
also reviewed the legislative position in the other Member States. This
review resulted in the initiation of proceedings under Article 169 against
all the Member States concerned since they, too, had similar national rules
whereby the granting of fishing licences and/or flag rights was subject to
conditions of nationality, residence and main place of establishment.

The said proceedings raise questions of principle as regards the precedence
of Community law over public international law, on the one hand, and as
regards the reconciliation, for the purposes of the catch quota system, of
the basic principles of the Treaty (such as freedom of establishment) with
the specific aims of the common fisheries policy. More particularly, one
of the fundamental questions arising in this context is to what extent,
subject to compliance with the Treaty and given the underlying principles
and specific features of the common fisheries policy, a relationship must
exist between a fishing vessel and the Member State whose flag it flies and
whose quotas it fishes.

```

```
                    -66
As regards other national fisheries measures, it should be mentioned that
judgment it still awaited in Case C-146/89, in which the Court has to rule
on the United Kingdom's extension of its territorial waters and the
consequent restrictions on the special rights enjoyed by fishermen from
other Member States under the Act of Accession and the basic regulation
(Regulation (EEC) No 170/83).

```

```
                -67
D. COMPETITION

The Commission's main activities on the adjustment of State monopolies and
public undertakings are summarized below.

1. Public undertakings

The following cases regarding public undertakings as referred to in
Article 90 of the EEC Treaty are worthy of note:

 With respect to Commission Directive 88/301/EEC of 16 May 1988
  (OJ L 131, 27.5.1988) on competition in the markets in
  telecommunications terminal equipment, the Commission pursued its
  scrutiny of the implementing measures taken by the Member States and
  terminated three of the five infringement proceedings commenced (those
  against Denmark, Ireland and Germany). Infringement proceedings are now
  running only against Belgium and Spain.

- The new infringement proceeding commenced against Greece with respect to
  the insurance of public property and loans granted by State-owned banks
  in Greece (see point 162 of the preceding report) was closed after
  Greece promulgated Law 1975/1990 in February, abolishing the
  preferential treatment given to public-sector insurance companies.

2. Monopolies

 With regard to the Greek petroleum products monopoly, the Commission was
  not satisfied with the Greek authorities' answer to its reasoned opinion
  concerning the compulsory storage rules, which it considered to be
  incompatible with Articles 30 and 37 of the EEC Treaty; it consequently
  felt unable to terminate the proceeding.

  Furthermore, on those aspects of the monopoly which the Commission
  referred to the Court of Justice on 8 June 1988, the Court gave judgment
  on 13 December, declaring that measures which maintain in effect the
  State's import and marketing rights for petroleum products, subject the
  distribution companies' annual procurement programmes and any amendments
  thereof to the approval of the Greek authorities and establish a system
  of marketing quotas are incompatible with Articles 30, 34 and 37(1) of
  the EEC Treaty. It held, by contrast, that preservation of the
  exclusive right to import crude oil was not ijicompatible with Community
  law, since the Commission itself had not objected to the national
  refining monopoly, which was the sole authorized importer. It dismissed
  the Commission's other objections on grounds of procedural defects.

```

```
                  -68
The Commission concluded that the legislative changes announced by the
Portuguese authorities in response to its reasoned opinion of
January 1989 (point 161 of the preceding report) brought the rules
governing the Portuguese oil monopoly into line with Community law, but
decided not to terminate the proceeding until the new measures had
actually been adopted and the Commission was in a position to assess
their practical impact.

With respect to the adjustment of the Spanish oil monopoly, the
Commission is continuing to keep a close eye on the situation to ensure
that the Government's œmmitments are strictly upheld. Among other
things, it approved new rules and regulations designed to give
independent suppliers access to large-scale users of certain petroleum
products and to abolish exclusive retail, rights.

The Commission did, however, insist that the Spanish Government should
do more to develop the parallel network of service stations.

Lastly, the Commission had no choice but to refer the Portuguese alcohol
monopoly to the Court of Justice, as the Portuguese Government had not
come into line with the reasoned opinion referred to at point 161 of the
preceding report.

```

```
                          -69
           SUMMARY OF [INFRINGEMENT PROCEEDINGS RELATING] [ TO ]

                   DIRECTIVES (COMPETITION)

                     DK EL RL NL UK!

     88/301/EEC NPA NPA NPI

C - Closed

NPA « Not properly applied

NPI - Not properly Incorporated

```

```
                    -70
    PROGRESS IN IMPLEMENTING DIRECTIVES APPTrTCrA.™ T^ (T^PKTTTT^

There is a general backlog of iirplementing measures in the competition
field, even in the Member States whose performance is usually among the
best. The progress rate of only 52.7% means that the Commission will have
to be especially vigilant here.

```

```
Directives

for which

measures

have been

notified

 0

 2

 2

 2

 2

 2

 1

 1

 2

 2

 1

 2

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 3

 3

 3

 3

 3

 3

 3

 3

 3

 3

 3

 3

```

```
 %

 0

66.6

66.6

66.6

66.6

66.6

33.3

33.3

66.6

66.6

33.3

66.6

```

```
               -71
E. TRANSPORT

In 1990 there were favourable developments in three particularly serious
cases of non-oomplianoe with Community law already mentioned in previous
reports. They concern the failure to apply the Court's rulings against
Italy for not incorporating into national law the directives on access to
the occupation of road haulage operator and road passenger transport
operator and the mutual recognition of diplomas for road transport
operators.

As a result of Commission pressure, Italy adopted a series of national
instruments in 1988 and 1989 which transpose most of the provisions of
Directive 74/561/EEC (road haulage operators) into national law. However,
there is still a major incompatibility concerning the professional
qualifications requirements for road transport operators which, under the
Italian law, are applicable from 1 June 1987 instead of 31 December 1974 as
provided for in the Directive.

The draft "Community law 1990", which Italy communicated to the Commission
in April 1990, prepares the ground for applying Directives 74/562/EEC
(passenger transport operators) and 77/796/EEC (recognition of diplomas) by
empowering the Minister of Transport to adopt the necessary measures.
Portugal too has so far failed to take the steps necessary to apply
Directive 74/562/EEC despite the Commission's insistence.

The Commission notes with concern that, by the January 1990 deadline, none
of the Member States had adopted the necessary provisions to implement
Directive 89/463/EEC, which amends the above-mentioned directives on access
to the occupation of road transport operator and the mutual recognition of
diplomas.

Only Belgium, Italy and Luxembourg have failed to apply
Directive 88/599/EEC on uniform procedures for applying the regulations on
social legislation and recording equipment. Italy and Luxembourg have,
however, informed the Commission of appropriate draft legislation.

1. Road Transport

In an order issued by the Transport Minister, Italy declared that road
transport authorizations for imports and exports of goods via the Austrian
frontier would not be valid from 15 October 1990. This measure had the
effect of closing the Austrian frontier to international road freight.

The Italian order followed the termination of the road freight agreement
between Italy and Austria on 20 September 1990. Austria then severely cut
back the number of international transport authorizations for use on its
national road network. The Italian order was intended as a reprisal
against the Austrian Government's action.

```

```
                    -72
When Italy failed to respond favourably to calls made at Community level to
reopen the frontier, the Commission addressed a letter of formal notice to
the Italian Government under Article 169 of the EEC Treaty.

The Commission expressed the opinion that the closure of the frontier
between Austria and Italy was an unauthorized unilateral measure contrary
to Community law (as it was formulated) and likely to affect trade between
the Member States and obstruct the achievement of a common transport
policy; at the same time it stated that it was prepared to do all it could
to find political solutions to the difficulties experienced by Italy and
other Member States in connection with transit across the Alps.

Italy lifted the restrictions on vehicles crossing its frontier with
Austria on 27 October 1990.

Poad Tax

Germany adopted legal provisions introducing a road tax on lorries weighing
more than 18 tonnes. This tax, applicable to German and non-German
operators using German roads and motorways, was to enter into force on
1 July 1990. At the same time, the national vehicles tax was reduced by
approximately the same amount, thus benefiting only German transport
operators.

In 1989 the Commission had delivered an opinion on the first versions of
the German bill, submitted to it under the consultation procedure provided
for by Decision 62/720/EEC, [28] in which it expressed the view that the
German bill was contrary to Community law and likely to jeopardize
implementation of a common transport policy.

On publication of the German law, which was to be applicable from
1 July 1990, the Commission, under the infringement procedure provided for
in Article 169 of the EEC Treaty, referred the matter to the Court of
Justice on the basis of Articles 5, 76 and 95 of the Treaty and at the same
time asked the Court to order interim measures. The Commission was backed
in this case by the Governments of Belgium, Denmark, France, Luxembourg and
the Netherlands.

In an order dated 12 July 1990 the Court of Justice ruled that Germany
should suspend charging the road tax in respect of vehicles registered in
other Member States until judgment in the main proceedings was delivered.

28 Council Decision instituting a procedure for prior examination and
  consultation in respect of certain laws, regulations and administrative
  provisions concerning transport proposed in Member States, as amended by
  Council Decision 73/402/EEC.

```

```
                    -73
2. Inland waterways

Since Belgium had not taken the necessary measures to implement the Court's
judgment of 24 May 1988 stating that Belgium had failed to fulfil its
obligation to transpose into national law Directive 82/714/EEC laying down
technical requirements for inland waterway vessels, the Commission decided
to bring the case before the Court on the basis of Article 171 of the
Treaty.

The Commission considered that the failure by Belgium and Italy to adopt
measures to transpose these directives into national law, despite Court
judgments confirming these omissions, was an extremely serious violation of
the Community's legal order.

Directive 87/540/EEC on access to the occupation of carrier of goods by
waterway has not been transposed into the national law of six Member
States, including those most concerned, despite the fact that most of them
have presented draft national implementing measures to the Commission.
Infringement procedures have been initiated and at the same time the
competent national authorities have been contacted.

3. Air transport

Directive 87/601/EEC on fares for scheduled air services between Member
States and Decision 87/602/EEC on the sharing of passenger capacity and on
access to scheduled air service routes were repealed with effect from
1 November 1990 when they were replaced by Council Regulations (EEC)
No 2342/90 and No 2343/90 of 24 July 1990. These two regulations
represent a further step forward in the liberalization of air transport
services and have the advantage over the previous texts of being directly
applicable. On 31 October 1990 only seven Member States had transposed
Decision 87/602/EEC into national law and only eight had transposed
Directive 87/601/EEC despite reminders and infringement procedures by the
Commission which had had no more than a limited success. Whatever the
truth of the claim made by some Member States that they were applying the
provisions in question, the Decision and the Directive expressly required
the Member States to adopt and cjoramunicate national transposition measures.
The new stage of air transport liberalization about to take effect cannot
be invoked as a reason for not complying with earlier obligations, as at
least one of Member State did.

```

```
                                  _ 7 4

SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

       DIRECTIVES fTRANSPORTS

```

```
E

```

```
C ! - ! 
```

```
L ! NL! P ! UK!

C ! C ! - ! - !

C ! C !NMN! C !

```

```
DKj D ! EL

C ! C ! C

C ! C ! C

- ! - ! C

- ! C i 
```

```
NMN! - !NMN NMN! - ! - ! - i

 - ! - ! - C ! - ! - ! - !

```

```
F !IRL! I

C ! C ! 
C ! C !NMN

```

```
    74/561/EEC

! 74/562/EEC

! 77/796/EEC

! 82/714/EEC

! 89/463/EEC

î 88/599/EEC

! 87/540/EEC

! 87/601/EEC

C = Closed

NMN « No measures notified

```

```
B

c

c

C

NMN

```

```
- ! C ! - . C ! - ! - ! C !

```

```
- ! C ! - ! - !

```

```
NMN NMN! - INMN

NMN NMN! - ! C

```

```
NMN! C !NMN NMN!NMN! - ! C !

```

```
NMN!NMN!NMN NMN!NMN i NMN!NMN!

```

```
NMN

 
```

```
- iNMN! 
- ! - ! C

```

```
                    -75
                  DTJŒCTIVES APPT.TCAHT.K TO TRANSPORT

Harmonization in transport entails 40 or so directives with a progress rate
of 88% on the general average. Three Member States - Belgium, Italy and
Luxembourg - are tending to lag behind, as the table shows.

```

```
Directives

for which

measures

have been

notified

 31

 36

 37

 34

 38

 38

 31

 29

 29

 34

 29

 34

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 39

 37

 39

 38

 39

 42

 36

 38

 37

 40

 32

 37

```

```
 %

79.4

97.2

94.8

89.4

97.4

90.4

86.1

76.3

78.3

85

90.6

91.8

```

```
                    -76
F. ENVIRONMENT AND NUÇ^-Att flAFCTy

1. Protection of wild fauna and flora

In 1990 the main problems were posed by the designation and protection of
the habitats of wild birds, the hunting of birds and the exemptions from
Directive 79/409/EEC granted by Member States. This Directive remained the
one most in the public eye with a large number of complaints, written and
oral questions, petitions, infringement proceedings and judgments by the
Court of Justice.

Directive 85/337/EEC on the assessment of the effects of certain public and
private projects on the environment, which became operative in 1988, is
still in the transitional stage. The Commission terminated proceedings it
had commenced against Greece, Portugal and Germany for failing to notify it
of national implementing measures, all three countries having adopted
legislation in 1990. The number of complaints from individuals opposing
specific projects is constantly increasing, in particular those concerning
infrastructure and transport projects and the construction of waste
processing plants.

Regulation No 2052/88 stipulates that any project partly or wholly financed
by the structural Funds or the European Investment Bank must be in keeping
with Community law and policies, including those on environmental
protection. In several cases, the Commission has withheld finance from
projects where an assessment of the impact on the environment had not been
carried out as required. On the other hand, the Commission takes the view
that the reference to environment "policy" as opposed to "law" is
redundant: any project which conforms to Community legislation on the
environment can be eligible for financing.

2. Çn^lity pf y^-hAT»

The Commission has concentrated its efforts on the application of
Directives 76/160 on the quality of bathing water and 80/778 on drinking
water. As regards bathing water, the Commission initiated Article 169
proceedings against all the Member States except Portugal, where the
Directive does not apply until 1993. The main shortcomings in the
application of the Directive are:

  the number of bathing areas where the required quality control measures
  are applied;
  the frequency of sampling and the number of parameters examined;
  the quality of water in many bathing areas which does not meet the
  requirements of the Directive despite the fact that the deadline for
  compliance was the end of 1985.

```

```
                    -77
The Commission drew the Member States' attention to these problems at
several bilateral meetings in the course of 1990. It also commenced or
continued Article 169 proceedings to ensure that Member States clean up
bathing water which does not conform to Community standards.

Effective application of the Directive on drinking water was still
unsatisfactory. In 1990 the Commission Cîommenced or continued proceedings
against the majority of Member States. The main problems were as follows:

  Several Member States incorporated into their national legislation
  unauthorized exemptions from the provisions of the Directive. Some of
  them issued recommendations to water authorities or companies releasing
  them from compliance with the Directive. This amounts to waiving
  Community legislation's mandatory force.

  In several Member States, concentrations of polluting substances are in
  excess of the authorized limits. The quality of drinking water ought
  to have conformed to the requirements of Directive 80/778 from
  July 1985. Because the Member States are not required by the Directive
  to report on implementation, the Commission does not have sufficient
  information to assess the degree of compliance. Any action it has
  taken has therefore been based mainly on complaints from individuals
  conoerned about the quality of their drinking water.

In 1990 the Court of Justice found that Belgium had failed to fulfil its
obligations under Directive 80/778 by allowing drinking water to be
supplied to the population of Verviers even though the amount of lead it
contained was above the permitted level. The Commission had initiated the
infringement proceeding in 1986 as a result of a complaint from an
individual; this case illustrates the problems caused by the long duration
of proceedings. In the same judgment, the Court held that Directive 80/778
did not apply to water from private wells. This question is likely to
cause difficulties in the application of the Directive to water used by the
food industry.

```

`3.` `9"fl` `f` `i1+y` `of` `tfr"?` _**y_

```
With respect to air pollution, the Commission commenced a number of
proceedings in 1990 concerning the application of Directive 85/210, which
requires Member States to ensure balanced distribution of unleaded petrol
from the end of 1989, the Commission having established that distribution
was still uneven in the Community as a whole.

```

```
                    -78
As regards air quality standards, the Commission brought an action against
Germany before the Court of Justice to shed light on the legal scope of the
limit values set by the various Community Directives on air quality. A
judgment on this case is expected in the course of 1991. At present, the
full and effective application of Directives 80/779 on sulphur dioxide and
suspended particulates, 82/884 on lead and 85/203 on nitrogen dioxide is
hampered by the fact that the Member States have failed almost entirely to
draw up and iiirplement the required olean-up programmes: the Commission has
received plans for only 8 out of 56 programmes under Directive 80/779. It
has received no plans for the four zones covered by Directive 82/884 and
none for the 35 programmes provided for in Directive 85/203. As a result
of proceedings initiated by the Commission concerning air pollution in
Dublin and Athens, measures have been adopted which should lead to an
improvement in the quality of the air in these two cities. Proceedings
have also been commenced concerning urban areas in Italy and Spain.

4. Noise

There were no particular problems in the application of the various
Directives on noise pollution with the exception of Directive 80/51 on
aircraft noise. The Commission took action against Belgium for granting an
exemption from the Directive to regional airports.

5. Vafitft a.-nd (tangprmiq substances

The Commission brought an action against Germany before the Court of
Justice concerning the extent of Member States' right under
Directive 67/548 to decide for themselves on the labelling and
classification of dangerous substances falling within the scope of the
Directive.

The application of Directive 82/501 on the prevention of major industrial
accidents is on the whole satisfactory in all the Member States.
Nevertheless, the Commission had to initiate infringement proceedings
against a number of Member States for failing to transpose into national
law Directive 88/610, which amended Directive 82/501 after the accident in
Basel in 1986.

It is difficult to monitor the conformity of national measures transposing
Directives on waste for two reasons: first, the Commission has proposed
substantial amendments to Directives 75/442 (waste), 78/319 (toxic and
dangerous waste) and 84/631 (shipment of hazardous waste), thus making
application of the existing instruments difficult; second, the Commission
and Council disagree on whether the legal base of the "waste" Directives
should be Article 100a or Article 130s. The Commission hopes that the
judgment to be delivered by the Court of Justice on the legal base of
Directive 89/428 on titanium dioxide will shed light on the nature and
scope of Member States' rights and obligations concerning waste.

```

```
                    -79
The application of the "waste" Directives is still most unsatisfactory in
Belgium and Italy and several other Member States. The lack of progress is
perhaps best illustrated by the fact that none of the Twelve has submitted
plans or programmes under Directives 75/442 and 78/319 despite the
obligations which are clearly laid down in the two instruments.

Generally speaking, it needs to be borne in mind that the main problem in
this field is the progressive deterioration of the environment rather than
the late or inadequate transposai of any particular Community provision.
Particular attention should therefore be paid, to full enforcement of all
environmental rules. However, as it pointed out in its last report
(point 149), the Commission does not have the means at its disposai to
ensure effective enforcement. It has to rely almost entirely on œmplaints
from individuals - of which it received 377 in 1990 - simply to keep
informed of cases where the rules are not applied.

```

```
             -80
SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

        DIRECTIVES (ENVIRONMENT)

```

```
! B ! DK| D | EL

```

```
E

```

```
F ! IRL! I

```

```
P !

```

```
L !

C

```

```
NL

```

```
C

```

```
UK!

```

```
NPA

```

```
! 79/409/EEC !NP1 ! - JNPIiNPA

```

```
NPA NPA!

```

```
NPI!NPAINPA

```

```
! 85/337/EEC !NPA| - !NPA!NPA NPA

```

```
NPI

NPI

 C

```

```

```

```
NPA!

NPA!

NPA!

 - !

 C !

NPA!

 C !

```

```
NMN

 C

NPA

 C

```

```
NPA

NPA

```

```
NPA

 
```

```
! 76/160/EEC !NPA! C |NPA!NPA NPA

```

```
! 80/778/EEC JNPA! C !NPAJNPA NPA

```

```
NPAINPAINPA

NPA! C INPA

NPA!NPA!NPI

 - ! C i C

```

```
! 85/210/EEC i C ! C ! C ! C

```

```

```

```
! 82/884/EEC ! - J C ! NP I ', C NPA NP I ', C ! NP I C

```

```
! 85/203/EEC !NPI ! - !NPI !NPA NPA

```

```

C

```

```

C

```

```
! 
! 
```

```
! 80/51/EEC !NPI! C ! C ! C

C - Closed

NMN « No measures notified

NPA « Not properly applied
NPI - Not properly Incorporated

```

```

```

```
NPI! - JNPI

 C ! C ! C

```

```
                        -81
                    ! B ! DK| D ! EL| E

! 67/548/EEC !NP1 ! - ! - ! - ! 
! 82/501/EEC !NPA! - !NPI ! C ! 
! 84/631/EEC !NPA! C JNPA! C !NPI

! 75/442/EEC JNPA! C JNPA!NPA!NPA

! 78/319/EEC JNPA! C JNPAJNPAjNPA

! 89/428/EEC ! -,'NMN! - JNMNJ 
C - Closed

NMN - No measures notified

NPA « Not properly applied
NPI - Not properly implemented

```

```
F

C

C

C

```

```
NMN NMN

```

```
IRL

C

C

```

```
I

C

```

```
L ! NL| P ! UK!

C ! C ! - ! - !

C !NPI ! - ! C !

C ! NP I ! C ! C !

C ! C !NPA! C !

C ! C ! - JNPA!

C !NMN! - ! - !

```

```
C

C

```

```
NPA

NPA

```

```
NMN NPA

```

```
                    -82
   PROGRESS IN IMPIiEMENTING DIRECTIVES APFLTCAKT.E TO THE ENVIRONMENT

For the 90 or so harmonization directives adopted and due for
iirrplementation by 1990, only 88.6% of the requisite measures have been
taken. Most Member States are actually close to or above the 90% mark, but
the number of infringement cases gives cause for concern.

```

```
Directives

for which

measures

have been

notified

 75

 89

 82

 68

 84

 81

 75

 55

 78

 86

 84

 77

```

```
 %

86.2

98.8

92.1

79

92.3

92

87.2

63.2

88.6

96.6

95.4

90.5

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 87

 90

 89

 86

 91

 88

 86

 87

 88

 89

 88

 85

```

```
                    -83
G. ENERGY

Petroleum products

The Commission addressed reasoned opinions to Belgium, Italy and the
Netherlands for failure to transpose Directive 85/536/EEC on the use of
substitute fuels in petrol.

It commenced Article 169 proceedings against Portugal for failure to
transpose Directives 170/78/EEC, 885/82/EBC, 339/75/EEC and 405/75/EEC.

```

```
                     -84
                   DHŒCTIVES APPTPTCATÏÏIK T O ENERGY

At an average 95%, progress has been good here and there are no major
problems. Only Belgium and Portugal give cause for concern.

```

```
 %

83.3

100

100

90

100

100

100

 91.6

100

100

 72.7

100

```

```
Directives

for which

measures

have been

notified

 10

 12

 12

 9

 10

 12

 9

 11

 10

 12

 8

 9

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ire.1a.nd

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 12

 12

 12

 10

 10

 12

 9

 12

 10

 12

 11

 9

```

```
                    -85
H. EXTERNAL DIMENSION:

1. External relations

The Commission was able to terminate two proceedings concerning failure to
comply with the obligations of prior notification and consultation on draft
cooperation agreements with non-member countries after the Member States
concerned (Greece and the Netherlands) had given assurances for the future.

Another proceeding, concerning discriminatory charges giving preference to
Austria for the use of terminal facilities on the Ingolstadt-Trieste oil
pipeline, was terminated after the Italian authorities had introduced a
uniform schedule of charges for all users.

2. Development cooperation

In this field, the Commission's main purpose in. monitoring the application
of Community law is to ensure compliance by Member States with various
protocols concluded under the Lomé Convention and with Community
instruments arising from certain international commodity agreements.

```

```
                    -86
I. STATISTICAL. AEMINISTRATIVE AND BODGETARY MATTERS

1. Statistics

With respect to statistics, Member States are required to supply figures at
given intervals on certain subjects and in accordance with strict
procedures.

The main purpose of Council Directive 78/546/EEC on statistical returns in
respect of carriage of goods by road, as part of regional statistics is to
obtain comparable annual data on the carriage of goods by vehicles
registered in one of the Member States in the territory of that Member
State (national transport) and to and from other Member States or
non-member countries (international transport). This information is
extremely useful for the formulation of Community transport policy, which
requires a good knowledge of the scale and development of road haulage
operations; it is complemented by similar Directives concerning the other
two modes of inland transport - rail and inland waterways.

On 18 July 1989 the Council extended the scope of this Directive to provide
more comprehensive statistics on the carriage of goods by road. The
amending Directive (89/642/EEC) lays down that certain data be forwarded at
shorter intervals (every three months) and that additional information be
provided on traffic to and from non-member countries.

Infringements

Following the establishment of an infringement concerning Italy, an action
was brought before the Court of Justice, which gave judgment on
11 July 1985.29 In view of the importance of the Directive, the
Commission decided on 29 June 1989 to bring a second action before the
Court.

Luxembourg also infringed the Directive when, as a result of administrative
difficulties, it abandoned certain procedures, including the survey which,
since 1987, had been used to obtain the information referred to in the
Directive. In recent years the Luxembourg government has been under
pressure from the business world to reduce the overall burden of
administrative formalities. As a result, an inventory of administrative
formalities for businesses was drawn up and steps were taken to reduce
their number, including the road haulage survey. The Luxembourg
Statistical Office found that a number of businesses were not properly
equipped to reply to the questionnaires or to derive any benefit from the
replies. This, together with problems in the allocation of internal
resources in the Luxembourg Statistical Office, led to the survey not being
carried out for the years 1987, 1988 and 1989.

29 Case 101/84 Commission v Italy.

```

```
                    -87
It emerged from bilateral contacts in 1990 that the problem still remains.
Although Luxembourg has asked the Statistical Office of the European
Communities for technical assistance in formulating a new survey, there is
no new evidence to suggest that the political difficulty which the
Luxembourg authorities say was originally behind the interruption in the
forwarding of data has been overcome. In view of the fact that Luxembourg
has been in breach of its obligations since the reference year 1987, not
having provided data for at least four years, an infringement proceeding
ought to be initiated and might prompt Luxembourg into finding a rapid
solution to the problem.

At a meeting with the Luxembourg Statistical Office on 30 June 1989 the
Community Statistical Office stressed the contradiction between the present
situation, which had not been formaHy explained before, and Luxembourg's
vote in June 1989 in favour of Directive 89/462/EEC extending the scope of
the original Directive.

2. Community staff

On the question of the transfer of pension rights, the Commission is
continuing negotiations with the Dutch authorities, in the context of the
infringement proceeding initiated in 1989, with a view to the conclusion of
a final agreement on the detailed procedures for transfer operations. A
similar stage has been reached with regard to Belgium.

With respect to the aggregation of family allowances, the Commission is
continuing its discussions with the German authorities on the
implementation of the Court of Justice judgment of 7 May 1987, in
particular with respect to the scope of that judgment.

In the field of social security, the Commission, after delivering a
reasoned opinion, has begun discussions with the French authorities which
should lead to the conclusion of an agreement on the deduction of health
insurance contributions from the national pension of retired Community
officials.

The Commission has decided to deliver a reasoned opinion in the proceeding
initiated against Denmark on account of difficulties encountered in the
tax-free importation of motor vehicles by former Commission staff.

With respect to a similar infringement, the Spanish authorities have
amended tax arrangements as a result of the proceeding initiated by the
Commission and the Court of Justice judgment of 23 May 1990 (Case C-31/89).
The Commission is at present considering the new arrangements.

The Belgian authorities have informed the Commission that they intend to
comply with the reasoned opinion cîoncerning their refusal to permit a
Community official of Belgian nationality posted to Luxembourg to use his
Luxembourg-registered car without having to pay tax. The infringement
proceeding has therefore been terminated.

```

```
                    -88
On 5 April 1990 the Court of Justice gave judgment in Case C-6/89, finding
that by reducing the salaries of teachers seconded to the European Schools
by 50% Belgium had failed to fulfil its obligations under Article 5 of the
EEC Treaty. The Belgian authorities have informed the Commission that they
will comply.

3. Budget

In two cases concerning VAT own resources, the Court of Justice rejected
the Commission's arguments. In Case C-30/89 the Court ruled that the Sixth
VAT Directive does not oblige France to apply VAT to passenger transport by
sea or air between mainland France and Corsica for the part of the journey
over international waters and therefore found that no compensation was due
to the Community in the calculation of own resources. In Case C-251/88 the
Court ruled that Germany's method of calculation for incorporating exempt
transactions in the VAT base was not contrary to Community legislation.

```

```
                      -89
            SUMMARY OF INFRINGEMENT PROCEEDINGS RELATING TO

                    DIRECTIVES (STATISTICS)

                     DK EL IRL NL UK!

     78/546/EEC NPI

     89/462/EEC

     78/53/EEC NPA

NPA - Not properly applied

NPI = Not properly Incorporated

```

```
                    -90
    FROGRESS IN IMPTJMENTING DIRECTIVES Appr^nr.* TO STATISTICS

The good rate of progress here (91%) can be attributed to the fact that the
legislation of all the Member States except Germany, Italy and the
Netherlands already contained provisions corresponding to those of the
directives.

```

```
Directives

for which

measures

have been

notified

 0

 0

 2

 0

 0

 0

 0

 0

 0

 9

 0

 0

```

```
Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

```

```
Directives

applicable

 0

 0

 2

 0

 0

 0

 0

 1

 0

 9

 0

 0

```

```
%

 
 
 100

 
 
 
 
 
 
 100

 
 
```

_**N'**_ _**I**_

```
  Infringement proceedings initiated since 1982, classified by stage of proceedings and Member State

Letter of formal notice Reasoned opinion Reference to the Court of Justice

```

```
1988 1989
 1

```

```
 10

14

10

14

73

```

```
1990

 13

10

24

```

_**77**_

```
1990 1985
  1

```

```
29

20

39

15

17

17

58

14

20

11

251

```

```
1987

11

21

61

```

```
 1990

L.

  67

  61

  35

  121

  114

  76

  52

  110

  43

  61

  176

  44

 960

```

```
 1987 1988
1 1

```

```
 1989
1

  70

  57

  36

  88

  53

  68

  50

 114

 43

 62

 26

 37

 704

```

```
1985

 37

 17

 30

 36

 10

 61

 16

 11

 11

233

```

```
1986

 25

 17

24

30

31

12

164

```

```
28

17

28

29

24

27

10

11

197

```

```
1987

55

65

36

```

_**77**_

```
32

66

46

73

26

41

11

44

572

```

```
23

24

32

11

27

10

52

12

15

227

```

```
1988

 52

 58

 29

 64

 31

 58

 41

107

 36

 42

 18

 33

569

```

```
 1986

L.

  56

  40

  26

 106

  22

  69

  44

  61

  43

  30

  37

 516

```

```
23

10

14

31

113

```

```
19

10

39

108

```

```
1986

 15

 11

11

18

71

```

```
 1989

1 L

  21

  12

  21

  20

  14

  58

  13

  11

 12

 199

```

```
OK

EL

IRL

ML

UK

Total

```

```
1985

 68

 29

 27

 69

 93

 33

 70

 37

 A8

 29

503

```

```
LÛ

```

```
Internal market

and

industrial

affairs

```

lumber of l e t t e r s of f o r m a l n o t i c e, 1985 t o 1989, c l a s s i f i e d by s e c t o r

I L

111)

_**lift.**_

191.'

**|<H<**

**|** **« M l**

1990

```
Customs union

and indirect

taxation

```

_**•ft**_ **`r>»`**

```
-, In

 o

```

&

```
Employment and

social affairs

```

```
Transport Agriculture Environment and

                      consumer

                      protection

```

```
Other sectors Total

```

_**N'**_ _**J**_

```
Number of reasoned opinions, 1985 to 1989, classified by sector

```

```
   19;$

   1916

   1917

   1911

   1919

 J 1990

Customs union

and indirect

taxation

```

```
Internal market "Employment

and and social

industrial affairs

affairs

```

```
Transport Agriculture Environment and

                        consumer

                        protection

```

```
Other sectors Total

```

_**N'**_ _**4**_

```
Number of references to the Court of Justice, 1985 to 1989, classified by sector

```

```
     1V8 3

     1986

     1987

     1988

    1989

   1990

Ciistoms union
and indirect

taxation

```

```
Internal market,

and industrial

affairs

```

**us**

```
Employment and

social affairs

```

```
Transport Agriculture Environment and

                           consumer

                          protection

```

```
Other sectors -,- 0|a l

```

_No_ `5"`

```
Infringement proceedings initiated since 1981, classified by stage of proceedings and sector

```

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References to Court and judgments since 1983

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Judgment for the **Member State**

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       Sector

 Development

 Financial control

 Free movement of persons

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 services

Environment and consumer

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Agriculture

```

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Member Reference to the Court

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```
                                           -102
                                          No 10

```

**`COURT OF JUSTICE JUDGMENTS DELIVERED`** _**UP**_ **`TO 31 DECEMBER 1990 BUT NOT YET COMPLIED WITH`**

```
1. Coses where the Commission hos been informed that meosures ore being token (to end December 1990)

GERMANY

```

```
4.12.1986 Case C-179/85 Bottling of pétiIlant de raisin

12.3.1987 Case C-178/84 Ban on the sale of beers not

                  made from malted barley

7.5.1987 Case C-189/85 Overlapping family allowances

```

```
Legislative amendment in progress
(A/83/0183)

The draft order was adopted in July 1990.

A temporary solution has been found to the

problem of the authorization of additives

(by circular) untiI such time as the

generally applicable German legislation

(the LMBG) has been brought into line with

Community rules.

The only question of substance still to be

resolved is the requirement that the

alcoholic strength must be stated on the

label. The Commission does not accept the

German argument that this is necessary if

beer is to be taxed according to its

alcoholic strength.

(A/83/0065)

Some technical problems concerning the

repayment of arrears have still to be

resolved with the German authorities.

```

```
Fresh infringement proceedings
(A/90/0374).

Following the meeting held in Berlin

on 17.1.1991 the Commission is to

propose that the non-compliance
proceedings be terminated. The
necessary legislative measures will
shortly be brought into force.

```

```
2.2.1989 Case C-274/87 Problems affecting imports of

                  pate

11.5.1989 Case C-76/86 Prohibition on the marketing of

                  mi Ik substitutes

28.11.1989 Case C-186/88 Health checks In

                  intra-Community trade in

                  livestock, meat and meat

                  products

```

```
     -103
The German Government has indicated that it

will amend its legislation when transposing

Council Directive 88/658/EEC of 14.12.1988

amending Directive 77/99/EEC on health

problems affecting intra-Community trade in

meat products. In the meantime the Federal

Ministry of Health has sent a circular to

the Lander inspection authorities asking

them to check that products imported from

other Member States are correctly labelled.

The wording of this circular is the subject

of negotiations with the Commission.

(A/85/500)

(A/84/0354)

The German authorities have adopted

measures to implement the Court's ruling

and these are now being examined by the

Commission.

(A/87/0281)

An interim solution has been adopted in the

form of administrative instructions to the

Lander. Draft amendments have still to be

adopted. The Commission is awaiting a

reply on this subject from the German

authorities.

```

```
Fresh infringement proceedings

(A/90/0373)

```

```
The Court delivered a second judgment

on 3.10.1989, in Case 383/85.

(A/84/0303)

Pending adoption of the bill.

Fresh infringement proceedings

(A/90/0212)

On 5.12.1990 the Commission decided to

send a reasoned opinion.

Fresh infringement proceedings

(A/88/0291)

On 11.7.1990 the Commission decided to

refer the matter to the Court.

Fresh infringement proceedings

(A/89/0355)

Fresh infringement proceedings will be

proposed on the grounds of improper

transposition.

```

```
BELGIUM

19.18.1981 Case C-137/80

2.12.1986 Case C-239/85

17.6.1987 Case C-1/86

21.6.1988 Case C-283/86

16.11.1989 Case C-360/88

```

```
Transfer of pension rights

Toxic waste

Protection of ground water

against pollution

Auxiliary staff in the

transport sector

Misleading advertisements

```

```
    -104
(A/78/0007)

A draft bill on this matter is being

examined by the Commission. Subsequent

negotiations should produce an agreement

with the Belgian authorities.

The Walloon Region has adopted legislation

transposing the Directive but has made no

provision for practical implementing

arrangements.

(A/83/169)

The Brussels Region has complied with the

Court's ruling (Royal Decree of 19.6.1989).

The Walloon Region has not complied,

however, nor has the Flemish Region in some

respects.

(A/85/0123)

The Belgian Government has informed the

Commission of new measures which may ensure

compliance with the Court's judgement.

(A/86/0488)

Belgium has notified measures to the

Commission.

```

```
5.4.1990 Case C-6/89 50% reduction in the salaries

                  paid by the Belgian Government

                  to Belgian teachers seconded to

                  the European Schools.

13.6.1990 Case C-162/89 Report on the implementation of

                  the Directive on the disposal

                  of toxic and dangerous waste

FRANCE

30.6.1988 Case C-318/86 Equal treatment; access to

                  employment

```

```
     -105
(A/88/0065)

On 23.7.1990 the Belgian authorities

informed the Commission that they were

ready to comply with the Court's judgment.

The reductions continue to be applied,

however. The arrangements for

reimbursement of the sums advanced by the

Commission have still not been notified to

the latter.

(A/87/0108 to A/87/0111)

The Member State has promised to forward

reports as soon as possible.

The national provisions authorizing

separate procedures for the recruitment of

men and women to various categories of the

civil service have not been amended, but

there is no evidence that national bodies

have continued to invoke such authorization

on a regular basis for the purposes of

recruitment procedures initiated since the

Court's ruling.

```

```
A reminder has been sent to the

Belgian authorities by the Commission,

A letter warning of action under

Article 171 has been sent.

Fresh infringement proceedings.

On 20.12.1989 the Commission decided

to send a reasoned opinion (A/89/0350)

but took no further action on

receiving an assurance from the French

authorities that a biI I was shortly to

be adopted.

```

```
12.7.1990 Cose C-236/88 Refusal to forward social

                  security benefit to other

                  Member States

GREECE

12.3.1987 Case C-176/84 Provisions stipulating that

                  only malt-based beers may be

                  sold

```

```
     -106
(A/79/131)

No legislation implementing the judgment

has yet been received. In response to a

letter from the Commission, however, France

promised a memorandum outlining its

position and, in particular, explaining the

practical difficulties of implementing the

Court's ruling. Probably the matter will

therefore be referred to the Administrative

Commission on Social Security for Migrant

Workers, which will have to resolve the

technical difficulties.

Formal adoption of the new legislation is

awaited (A/82/0004).

The Ministerial Order (the content of which

was notified to the Commission on

29.10.1990 and has been approved by the

latter) will shortly be published in the

Official Gazette of the Greek Government.

Publication has been delayed by certain

final consultations with the Government's

chemical laboratories.

```

```
                                     -107
I RE LAND

4.12.1986 Cose C-206/84 Community co-insurance (A/83/0127)

                                     By letter of 29.12.1988 the Irish Minister

                                     for Industry and Commerce informed the

                                     Commission that he had asked the

                                     Attorney-General to draw up the necessary

                                     legislative amendments for compliance with

                                     the judgment. Pending the incorporation of

                                     these amendments into the legislation

                                     implementing Directive 88/357 (the Second

                                     Directive on non-life insurance), insurers

                                     have been informed by circular that

                                     co-insurers are no longer required to be

                                     approved and established in Ireland. The

                                     transposition of Directive 88/357 was

                                     scheduled for 1.1.1990 but is still

                                     awaited.

ITALY

```

```
The Court delivered a second judgment
on 5.11.1986 in Case C-160/85

(A/83/175).

In 1988 and 1989 Italy gave notice of
measures transposing the Directive.

The Court delivered a second judgment
on 5.11.1986 in Case C-160/85

(A/83/176).

The provisions of the Directive are
incorporated in Community Law No 428

of 29.12.1990.

```

```
10.11.1981 Case C-28/81

10.11.1981 Case C-29/81

```

```
Admission to the occupation of (A/79/0085)
road haulage operator

Admission to the occupation of (A/79/0113)
road passenger transport

operator

```

```
                                           -108
8.6.1982 Case C-91/81 Co 11ect i ve redundanc i es (A/78/0045)

                                      At the end of 1990 the Italian Parliament

                                      passed a bill transposing, inter olia. the

                                      provisions of the Directive in question.

                                      The Commission plans to terminate the

                                      infringement proceedings in the near

                                      future.

```

```
The Court delivered a second judgment

on 16.11.1985 in Case C-131/84

(A/83/0102).

Fresh infringement proceedings
(A/89/0202 and A/89/0203).

The provisions of the Directives
concerned are incorporated in
Community Law No 428 of 29.12.1990.

Fresh infringement proceedings. On

12.12.1988 the Commission sent a

letter warning of action under

Article 171.

The Italian Government implemented the

Court's ruling by CIP Order No 29/1990

of 2.10.1990. This text is now under

scrutiny by the Commission.

Fresh infringement proceedings
(A/89/0362).

The provisions of the Directive
concerned are incorporated in
Community Law No 428 of 29.12.1990.

```

```
(A/84/378)
(A/84/379)

On 21.7.1989 the Italian authorities

informed the Commission that Financial Law

No 67 of 11.3.1988 required the competent

ministries to propose to the

Interministerial Price Committee a new

method for fixing the prices of

pharmaceutical products and that under the

new procedure the provisions condemned by

the Court of Justice would be rescinded

(A/85/28).

```

```
2.3.1988 Case C-309/86

9.6.1988 Case C-56/87

```

```
Non-ionic and anionic

surfactants

Prices of pharmaceutical

products

```

```
12.7.1988 Case C-310/86 Auxiliary staff in the transport (A/85/0126)

                  sector

```

```
Fresh infringement proceedings

(A/89/0663)

On 5.12.1990 the Commission decided to

send a reasoned opinion.

Fresh infringement proceedings

(A/90/0203).

The Commission hos received no

information on any implementing

measures planned by the Italian

Government.

Fresh infringement proceedings

(A/90/203).

Article 48 of Community Law No 428 of

29.12.1990 contains a provision

authorizing the Government to

transpose Directive 80/987/EEC by

means of Presidential Decrees.

Transposition imminent.

```

```
28.6.1988 Case C-3/86 Flat-rate reimbursement of

                  farmers: beef and pigmeat

12.7.1988 Case C-322/86 Quality of fresh waters capable

                  of supporting fish life

2.2.1989 Case C-22/87 Protection of employees in the

                  event of their employer's

                  insolvency

```

```
    -109
The 1989 Tax Act incorporated measures

amending the tax arrangements which the

Court of Justice found to be unlawful.

Technically, the amendments give rise to

difficulties in calculating the costs

actually incurred by farmers subject to VAT

on a flat-rate basis (A/81/0262)

On 22.12.1988 the Italian authorities

announced that a draft bill for a

decree-1 aw was being drawn up. (A/85/0071)

By letter of 11 September 1989 the Italian

Republic forwarded the text of a draft bill

to implement Directive 80/987/EEC.

According to the Italian authorities

(13.11.1989) the bill has not yet been

adopted by Parliament. (A/85/0118)

```

```
27.4.1989 Case C-324/87 Fresh meat (A/85/0349) Fresh infringement proceedings
                                                                   (A/90/958).

                                                                 The provisions of the Directive
                                                                 concerned are incorporated in
                                                                 Community Law No 428 of 29.12.1990.

```

```
NETHERLANDS

26.3.1987 Cose C-235/85 Tax status of notaries and

                  bailiffs

31.5.1989 Case C-43/88 Requirement that exporters of

                  agricultural products be

                  affiliated to an inspection

                  agency

```

```
     -110
(A/83/0153)

In their reply to the reasoned opinion the

Netherlands authorities state that under

the 1991 Finance Law submitted to

Parliament the official functions of

notaries and bailiffs will be subject to

VAT as from 1.1.1991.

(A/86/0137)

Scrutiny of the rules forwarded by the

Netherlands authorities on 7.6.1990

indicates that in two cases affiliation is

still compulsory at the production stage.

The Commission has contacted the

Netherlands authorities on this matter.

(A/83/0071)

On 6.9.1988 the Netherlands authorities

announced that a bill on flora and fauna

(Flora- en Faunawet) was in preparation.

(A/84/0125)

```

```
Fresh infringement proceedings

(A/88/0337).

On 5.12.1990 the Commission decided to

defer the infringement proceedings

with a view to their termination.

No fresh infringement proceedings.

Fresh infringement proceedings

(A/88/0532).

The Commission is studying the reply

which It received to its reasoned

opinion on 11.7.1990.

Fresh infringement proceedings

(A/89/0060).

On 11.7.1990 the Commission decided to

refer the matter to the Court.

```

```
17.9.1987 Case C-291/84

13.10.1987 Case C-236/85

```

```
Protection of groundwater

Wild birds

```

```
UNITED KINGDOM

8.11.1983 Case C-165/82 Equal treatment of men and
                  women as regards access to
                  employment

```

**- 1 1 1 -**

```
The UK authorities have adopted certain
measures, notifying them on 15.12.1986.
```

**`These measures`** _**are**_ **`acceptable on the whole, but`**
```
the Sex Discrimination Act 1986 does not provide
for any judicial review of discriminatory
provisions in collective agreements.

```

```
Fresh infringement proceedings
(A/85/0260).

On 24.10.1990 the Commission

decided to send a reasoned

opinion.

```

```
                                           -112
2. Other coses (to end Jonuary 1991)

GERMANY

14.2.1984 Case C-352/82 Exemptions from turnover tax
                  and excise duties on imports
                  (butter-buying cruises)

17.9.1987 Case C-412/85 Wild birds (A/84/0119)

```

```
Fresh infringement proceedings
(A/85/0320).

The Court's ruling has still not been
implemented.

Fresh Infringement proceedings

(A/89/0048). On 5.12.1990 the

```

**`Commission decided to`** _**refer**_ **`the matter`**

```
to the Court.

```

**`3.7.1990`** **`Case C-288/88`** **`Wild birds`** **`(A/86/0222)`** **`Article 171 proceedings`** _**are**_ **`being`**

```
                                                                 initiated for non-compliance with the

                                                                 judgment of 3.7.1990. A letter giving

                                                                 notice of these proceedings will be

                                                                 sent.

```

```
10.7.1990 Case C-217/88 Non-compliance with the

                  obligation to deliver wine for

                  compulsory distillation

BELGIUM

```

```
(A/87/0102) The judgment is essentially

                           declaratory, since it cannot b®

                            implemented retrospectively. The

                           Commission has approached Germany for

                           an assurance that, In a comparable

                           situation, the Community rules will be

                           respected. The deadline for a reply

                           has not yet passed.

```

```
8.7.1987 Case C-247/85 Wild birds (A/84/0118) Fresh infringement proceedings
                                                                   (A/90/0291).

                                                                 On 5.12.1990 the Commission decided to

                                                                 send a reasoned opinion.

```

```
Fresh infringement proceedings
(A/89/0356).

Case pending before the Court
(C-19/91).

Fresh infringement proceedings
(A/90/0173).

Since the Belgian authorities had
not replied to the letter of formal
notice, the Commission decided to send
a reasoned opinion on 26.6.1990.

Fresh infringement proceedings

(A/90/0399).

On 5.12.1990 the Commission decided to

send a reasoned opinion.

Fresh infringement proceedings

(A/90/0193).

On 5.12.1990 the Commission decided to

send a reasoned opinion.

No implementing measures have been

adopted. On 7.8.1990 the Commission

approached the Belgian authorities to

ascertain what measures were being

taken to comply with the Court's

ruling. A reminder was sent on

7.10.1990.

```

```
24.5.1988 Cose C-307/86

27.9.1988 Case C-42/87

11.5.1989 Case C-46/88

15.5.1989 Case C-52/88

5.7.1990 Case C-304/88

```

```
Technical requirements for
inland waterway vessels

Discrimination in the

government funding of higher

education establishments not of

university level

Divisions and mergers of public

limited liability companies

Restrictions on the use of

edible gelatine

Authorization required for the

importation of fresh meat and

Iive animals

```

```
    -113
(A/85/0202)

(A/85/0435)

(A/86/0129)

(A/85/0447)

(A/85/0484)

```

```
5.7.1990 Case C-42/89 Water for human consumption;

                  incomplete transposition

                  (exclusion of private water

                  sources from the scope of the

                  Directive)

DENMARK

6.12.1990 Case C-208/88 Tax exemptions on alcoholic

                  beverages (beers) sold to

                  international travellers

```

```
(A/86/0221) A letter giving notice of action under

                            Article 171 has been sent to the

                            Belgian authorities.

(A/87/0328) Recent judgment.

```

```
11.12.1990 Case C-47/88

FRANCE

3.6.1986 Case C-307/84

27.4.1988 Case C-252/85

13.7.1988 Case C-169/87

25.10.1988 Case C-312/86

```

```
Taxation of motor vehicles

Discrimination against foreign

nurses regarding access to

public hospitals

Wild birds

Retail prices of manufactured

tobacco

Equal treatment: access to

employment

```

```
     -114
(A/85/0503)

The French nationality requirement for

nurses appointed in public hospitals,

imposed at the time by Article 809 of the

Public Health Code (repealed in

January 1986) was re-enacted in the Law of

July 1983 (new rules governing public

service staff, applicable to hospital

staff) which has not been amended since

then. The Commission has written to the

French authorities, asking them to act on

the judgment. No reply has been received

(A/82/0324).

(A/84/0121)

(A/85/0271)

The Commission received unofficial

information to the effect that the French

authorities were preparing proposals for

legislation to amend the offending

provision. In the absence of formal

notification it sent a telex on

11 July 1989. No reply has yet been

received.

```

```
Recent judgment.

Fresh infringement proceedings

(A/87/0159).

The letter giving formal notice was

transmitted on 25 July 1990

(Article 48).

The letter giving formal notice was

transmitted on 11.7.1990

(Article 171).

France has not yet taken the measures

needed to comply with the judgment.

Fresh infringement proceedings

(A/90/0445).

The letter giving formal notice was

transmitted on 11 October 1990.

```

```
Recent judgment,

Recent judgment.

Fresh infringement proceedings
(A/89/0165)

Fresh infringement proceedings
(A/89/0165).

This matter was referred to the

Court on 24.10.1990

(Case C-90/328).

Fresh infringement proceedings
(A/90/164).

On 20.6.1990 the Commission decided to

send a reasoned opinion (Article 171).

This matter is related to the wider

problem of the market-management

activities of the Greek intervention

agency and is still far from being

resolved. The Greek authorities

maintain that national subsidies for

```

**`feed grain`** _**are**_ **`already prohibited and`**

```
that they are prepared to tackle the

wider problem of KYDEP's activities in

the near future.

```

```
     -115
(A/86/0225)

(A/85/0499)

(A/84/0388)
(A/85/0265)

(A/85/0264)
(A/85/0265)

(A/84/0182)

(A/85/0480)

```

```
29.11.1990 Cose C-182/89

12.12.1390 Case C-263/88

GREECE

15.3.1938 Case C-147/86

and

14.7.1988 Case C-38/87

30.5.1989 Case C-305/87

12.7.1990 Case C-35/88

```

```
Regulation on international

trade in endangered species of

```

_**fauna**_ **`and`** **`flora`**

```
Denial of the right of

establishment and the right to

provide services in the

Overseas Territories

Teaching ban

Nationality requirement
for access to the professions of
- lawyer;

- architect, civil engineer or

 surveyor

Legislation on border regions

Imports of feed grain, maize

and barley; management of the

markets by KYDEP

```

```
Recent judgment,

Recent judgment,

On 12.9.1990 a letter was sent to the

Irish authorities requesting them to

notify the measures taken for

compliance with the Court's ruling.

Recent judgment.

Recent judgment.

The Court delivered a second ruling on

12.2.1987, in Case C-69/86. This

judgment was based on Article 171 of

the EEC Treaty.

No developments are expected. The

Member State is not prepared to comply

with the Court's ruling.

Fresh infringement proceedings
(Case C-71/88 - A/85/0017). No

information has been received on

implementing measures.

This matter has again been referred
to the Court (Case C-266/89 A/88/216).

```

```
    -116
(A/86/0116)

(A/86/0138)

```

```
8.11.1990 Cose C-53/88

13.12.1990 Case C-347/88

IRELAND

12.6.1990 Case C-158/88

27.11.1990 Case C-39/88

6.12.1990 Case C-367/88

ITALY

15.11.1983 Case C-322/82

11.10.1983 Case C-273/82

11.7.1985 Case C-101/84

```

```
Protection of workers in the

event of the employer's

Insolvency

Monopoly of petroleum products

```

```
Quality standards for fruit and

vegetables

Qua I ificat ions of

transport operators

National road haulage

statistics

```

```
Restrictions on travellers' (A/87/0247)

a Ilowances

Failure to provide data (A/86/0362)

required under the common

organization of the market in

fishery products

Tax exemptions for alcoholic (A/86/0096)

beverages sold to travellers

```

```
(A/81/0177)

(A/80/0041)

(A/82/0074)

```

```
Fresh infringement proceedings
(A/88/0433).

On 11.7.1990 the Commission decided to

refer the matter to the Court but

refrained from such action since the

Directive was incorporated into
Community Law No 428 of 29.12.1990.

The Commission decided to refer this

matter again to the Court (A/87/0503 A/87/0502). Case pending (C-208/89).

Fresh infringement proceedings
(A/88/0373).
Case pending (C-297/90). The rules in
question have since been amended by
Community Law No 428 of 29.12.1990,
which is now being scrutinized by the

Commission.

Fresh infringement proceedings

(A/88/453 - A/88/454). On 11.7.1990

the Commission decided to refer this

matter to the Court. Italy had

promised to include this matter within

the scope of the "Pergola" Law but it

is not mentioned in Community Law

No 428 of 29.12.1990.

```

```
    -117
(A/82/0306)

(A/83/0162)
(A/83/0168)

(A/84/0036)

(A/83/0256)

(A/83/0258)

```

```
20.3.1986 Case C-17/85

30.4.1986 Case C-158/85

15.10.1986 Case C-168/85

29.1.1987 Case C-364/85

```

```
Annual accounts of companies

Procedures for the exportation

of Community goods

Nationality requirement
(tourist guides, journalists,
licensed pharmacists)

Tuberculosis and brucellosis;

swine fever

```

```
10.3.1987 Case C-386/85 Swine fever (A/83/0259) Fresh infringement proceedings
                                                                  (A/88/0456).

                                                                 On 11.7.1990 the Commission decided to

                                                                 refer this matter to the Court. Italy

                                                                 had promised to include this matter

                                                                 within the scope of the "Pergola" Law

                                                                 but it is not mentioned in Community

                                                                 Law No 428 of 29.12.1990.

```

```
7.7.1987 Case C-49/86

8.7.1987 Case C-262/85

24.11.1987 Case C-124/86

25.11.1987 Case C-125/86

```

```
Tax exemptions applicable to (A/84/0421)
```

**`permanent imports`** _**of**_ **`personal`**

```
property

Exemptions from VAT on final (A/84/0422)

importation of certain goods

```

```
Doctors of medicine: mutual

recognition of qualifications

Wild birds

```

```
    -118
(A/84/0006)

(A/84/0124)

```

```
3.3.1988 Case C-116/86 Brucellosis (A/84/0316)

```

```
21.2.1989 Case C-203/87

5.12.1989 Case C-3/88

```

```
Maintenance of VAT exemption on (A/86/0068)

aid to earthquake victims

```

```
Data-processing systems

accessible only to Italian

companies in public ownership

```

```
This matter has again been referred to

the Court (Case C-236/89 - A/88/0112).

Fresh infringement proceedings

(A/89/0049).

A reasoned opinion was sent to Italy

on 28.8.1990.

Fresh infringement proceedings

(A/88/0446).

Proceedings now in progress.

Fresh infringement proceedings

(A/88/0445).

Proceedings now in progress.

Fresh infringement proceedings
(A/88/0463).

On 11.7.1990 the Commission decided to

refer the matter to the Court. Italy
had promised to include this matter
within the scope of the "Pergola" Law
but it is not mentioned in Community

Law No 428 of 29.12.1990.

Fresh infringement proceedings
(A/89/0540).

On 5.12.1990 the Commission decided to

refer the matter to the Court.

Fresh infringements proceedings

(A/91/0002).

On 24.10.1990 the Commission decided

to send a letter of formal notice.

```

```
(A/85/0446)

```

```
14.3.1990 Case C-137/89

14.6.1990 Case C-48/89

12.7.1990 Case C-128/89

11.10.1990 Case C-210/89

27.11.1990 Case C-209/88

13.12.1990 Case C-70/89

13.12.1990 Case C-240/89

NETHERLANDS

```

```
Telegrams sent by the

veterinary authorities and

charged to importers of live

animals

Failure to forward reports on

the implementation of the

Directive on waste disposal

Inspection of imports and

reduction in the number of

entry points for grapefruit

Fat content of cheeses

Failure to provide the

Information required under the

market organization for fishery

products

Cadmium discharges

Protection of workers exposed

to asbestos

```

```
    -119
(A/87/0158)

(A/87/0284 to A 87/0286)

(A/87/0323)

(A/88/0018)

(A/87/0188)

(A/87/0369)

(A/87/0459)

```

```
A letter giving notice of action under

Article 171 was sent to the Italian

authorities on 7.6.1990, requesting

information on the measures taken to

comply with the Court's ruling.

A letter giving notice of action under

Article 171 has, been sent to the

ItalIan authorities.

A letter giving notice of action under

Article 171 was sent to the Italian

authorities. No reply has been

received. Formal initiation of the

Article 171 procedure will shortly be

proposed.

Recent judgment.

Recent judgment.

Recent judgment.

Recent judgment.

```

```
15.3.1990 Case C-339/87 Wild birds (A/85/0400) A letter giving notice of action under

                                                                 Article 171 was sent on 13.1.1991.

                                                                 This case is closely related to

                                                                 Case C-236/85, which the Commission

                                                                 decided to refer to the Court on

                                                                  11.7.1990.

```

```
                   -120
                   No 11

             Application of Community law

               by national courts

I. APPIJQ^riON OF ARTICLE 177 EEC

1. In 1990 the Court of Justice received 141 requests from national courts

  for preliminary rulings in cases where difficulties arose in the

  interpretation of Community law or there were doubts as to the validity

  of a Community instrument.

  Over the last few years the number of cases referred to the Court for

  preliminary rulings has remained relatively stable - 139 in 1989 and

  144 in 1987 - although the figure for 1988 was slightly higher (179).

2. For the second consecutive year, cases were referred by courts in all

  the Member States. Admittedly there are disparities between the

  various countries, most notably between Germany which asked for rulings

  on thirty four cases and Greece which referred only two; however, the

  figures show quite clearly that there is no longer a single Member

  State that is against the procedure on principle.

3. The three tables below show the number of references from each Member

  State, the number of cases referred by each court of final instance and

  the areas of Community law concerned. It should be pointed out that as

  and when these cases are recorded by the Court of Justice Registry,

  they are published in full in the Official Journal of the European

  Communities.

```

```
References by
courts of final

instance

 4 (-)

 - (1)
 2 (1)
12 (22)
 2 (-)
 2 (1)
 1 (1)
 2 (1)
 3 (15)

  (-)

 - (-)
 2 (2)

```

```
Member State

Belgium
Denmark

France

Germany
Greece

Ireland
Italy
Luxembourg
Netherlands
Portugal
Spain
United Kingdom

```

**-121-**

**TTnmhftr** **of oases per** **Kfgriher** **State**

```
 Total references

     17 (13)*
      5 (2)
     21 (28)
     34 (47)
      2 (2)
      4 (1)
     25 (10)
      4 (1)
      9 (18)
      2 (1)
      6 (2)
      12 (16)

```

```
1989 figures in brackets

```

**Optçflu** **of ray*;** **TAfgrrari Tiy** **Twhlfflryfl,** **nntqrtff Of f i m l il^ffilYTt**

```
Belgium

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

United Kingdom

```

```
Cour de Cassation 4

Hof van Cassatie

Cour de Cassation 1

Conseil d'Etat 1

Bundesverwaltungsgericht 1
Bundesfinanzhof 9
Bundessozialgericht 2

Council of State 2

Supreme Court 2

Corte Suprema di Cassazione 1

Conseil d'Etat 2

Hoge Raad 3

Court of Appeal* 2

```

```
The Court of Appeal is in effect the highest court, since appeals from

it may be heard only if it or the House of Lords gives leave to bring

them.

```

```
                  -122
           Areas of Oommunity law rarrarned

Agriculture 37

Brussels Convention 3

Commercial policy 9

Community staff 1

Company law 2

Competition 8

Environment and consumer policy 1

External relations 2

Free movement of goods 26

Free movement of persons 25

Social policy 13

State aid 1

Taxation 12

Transport 1

```

```
                   -123
H . REVTEff OF SKWTJTCANT JUDGMENTS OF NATIONAL OODRTS OF FINAL INSTAW3S

1. In an appendix to the sixth annual report, the Commission published a

  study on the attitude of national superior courts to Community law, in

  particular their approach to the principle of the primacy of Community

  law over national law, the direct effect of many Community rules and

  the obligations arising from Article 177 of the EEC Treaty.

  Analysis of the judgments referred to below shows that national

  superior courts are paying more and more attention to Community law.

  As in the previous year, the Commission has had access to data gathered

  by the research and documentation department of the Court of Justice.

  It was thus able to identify decisions which were of significance for

  the application of Community law, although it should be pointed out

  that it is not possible, by consulting data bases, to identify cases

  where national courts ought to have applied Community rules but where

  the judgment contains no reference to them. Moreover, the Commission

  cannot undertake a systematic analysis of the thousands of judgments

  delivered each year by the national superior courts.

  Conseil d'Etat (France)

  Decision of 24 September 1990 - Boisdet

  In Annex No 11 to the 7th annual report, the Commission referred to the

  decision in Nicolo where the Conseil d'Etat acknowledged the primacy of

  the Treaty over subsequent national law.

```

```
                 -124
The Commission expressed the hope that the Conseil d'Etat would take

the same view in respect of secondary legislation and acknowledge the

primacy of Community directives and regulations over subsequent

national legislation.

The Conseil d'Etat fulfilled these hopes in its Boisdet decision. It

ruled that a judgment extending the scope of rules established by a

group of producers to all the producers in a given region could not be

based on Article 7 of the Law of 4 July 1980 authorizing the extension

for certain products of rules laid down by agricultural committees, as

this law was incompatible with Council Regulation (EEC) No 1035/72 of

18 May 1972 on the common organization of the market in fruit and

vegetables.

House of Lords (United Kingdom)

Order of 26 July 1990 and judgment of 11 October 1990 
```

**fVyrtiOTtftino Lilt t g j**

```
These decisions follow on from the judgment of 18 May 1989 which was

analysed 1JI the seventh report. In response to a request for a

preliminary ruling, the Court of Justice delivered a judgment on

19 June 1990 in which it found that a national court must set aside a

national rule precluding the possibility for a party invoking Community

law to obtain an lnterijn injunction against the Crown when all other

conditions for the granting of such measures were satisfied.

By an order of 26 July 1990 the House of Lords decided to suspend

application of that part of the Merchant Shipping Act 1988 which was in

dispute, without giving any grounds; the order was later amplified by

a judgment on 11 October 1990.

```

```
                 -125
College van Beroep voor net bedrijfsleven (Netherlands)

```

**Order Of 7 June 1990 -** **J.P.M.** **Van** **<fo ATrtrgr»** _**y**_ **MlTvl.crter y«n** **toprTJyflw**

```
The interim order delivered by the President of the highest Dutch court

with commercial jurisdiction represents an interesting decision which

is entirely in keeping with the case-law of the Court of Justice.

By this order a request for interim measures to suspend application of

a Community agricultural regulation for the duration of the main

proceeding was rejected.

The President referred to the judgment in Foto-Frost (Case 314/85

[1987] ECR 4225) in which the Court of Justice had reserved for itself

exclusive jurisdiction to declare a CommunitY legal instrument invalid

while accepting that this rule may have to be quai if ied in the event of

an application for interim measures and in certain unspecified

circumstances.

The President delivered the provisional opinion that any such

qualification can be justified only where it is clear beyond all

reasonable doubt that the Community act is invalid and held that this

condition was not satisfied in the case in question.

Bundesverfassungsgericht (Germany)

Order of 31 May 1990

By this order the German Federal Constitutional Court reiterated one of

the main arguments in its judgment of 22 October 1986 in Solange II.

i.e. that the Court of Justice of the European Cammunities is a lawful

judge within the meaning of Article 101(1) of the German Basic law.

This statement opened the way to a constitutional remedy against the

```

```
                 -126
violation by courts of final instance of their obligation to refer

cases to the Court of Justice for preliminary rulings under

Article 177, third paragraph, of the EEC Treaty.

Under well-establ.1 shed case-law of the Federal Constitutional Court,

withdrawing the jurisdiction of a lawful judge within the meaning of

Article 101 constitutes a violation of the Basic Law only when it is

done in an arbitrary manner, otherwise the Constitutional Court would

be called on to correct all procedural errors committed by courts

below.

The Constitutional Court had already provided some indication of how

this rule should be applied to Article 177 EEC in a judgment given on

9 November 1987; however, since the judgment was given in a

preliminary proceeding before a three-judge chamber, it remained

ambiguous and disputed. There was still a need to define the concept

of "arbitrary manner" in relation to the violation of Article 177 EEC.

In its new judgment the Constitutional Court, in the form of its second

chamber of eight judges, confirmed its earlier decision with more

detailed grounds and now seems to have finally resolved the problem.

The Court referred in great detail to the Court of Justice judgment of

6 October 1982 in CILFTT and the importance of the strict application

of Article 177, under which the Court of Justice becomes part of the

legal system of the Member States insofar as it is given the role of

interpreting Community law in order to ensure legal certainty and

uniform application.

```

**`fjy#-»n»Yn rrno`** _**-rnc***_ _**a*-*-**_

```
                 -127
The Court pointed out that its role of monitoring the obligation to

refer cases for a preliminary ruling under Article 177 EEC did not

cover all cases which constitute a violation of Community law but only

those where a court of final instance does not act on a request for a

reference even though it admits that the Community rule invoked does

apply or where the court consoiously departs from the case-law of the

Court of Justice without asking the latter for a preliminary ruling or

again where, in the absence of sufficient case-law of the Court of

Justice on a material point of law, the court adopts one possible

solution where a different approach would clearly have been preferable.

Although these three categories may appear to be limited, they do in

fact cover the most flagrant breaches of Article 177 of the EEC Treaty.

Ctonstitutianal Court (Italy)

Judgment No 64 of 18 January 1990

Judgment No 64 of the Italian Constitutional Court of 18 January 1990

relates to a procedure which is peculiar to the Italian constitutional

system: Article 75 of the Constitution provides for a referendum to be

held on the repeal of a legal provision ("referendum abrogative") if a

proposal for such a referendum submitted to the Court of Appeal by a

"promotional committee" has the support of at least 500 000 electors.

However, Article 75 also imposes restrictions on the procedure in view

of the essential requirements of certainty in the law, as regards both

national and international law: a proposal for a referendum cannot be

declared admissible when it concerns tax or budget laws, amnesties or

pardons, or laws authorizing the ratification of international

treaties. The Constitutional Court has jurisdiction to decide whether

a proposal is admissible.

```

```
                  •128
A committee of Italian electors collected 500 000 signatures and

requested a referendum on the repeal of a provision of Law No 283 of

30 April 1962, which confers on the Minister for Public Health the

power to lay down by order the maximum content of pesticide residues

allowed in products and drinks intended for human consumption. If the

Minister did not exercise what is, in fact, this power to grant

exemptions, the effect of the law, which is already in force, would be

to prohibit all pesticide residues, making it impossible to market

foodstuffs containing any such residues whatsoever in Italy.

There are three Community Directives on maximum limits for pesticide

residues, which forbid the Member States to impede in any way the free

circulation of foodstuffs in their territory solely because of the

presence of pesticide residues, provided the residues do not exceed the

maximum permissible level set for each product in the technical annexes

to the Directives.

In its judgment the Constitutional Court held that the proposed

referendum would not have deprived the Italian State of a legal

provision essential to enable it to fulfil its obligation to

incorporate the Community Directives into national law, in particular

the obligation to refrain from prohibiting or impeding the marketing in

Italy of foodstuffs of animal origin, cereals and fruit and vegetables

which conform to Community requirements for pesticide residues.

```

```
                 -129
It arrived at this conclusion by the following argument: even if the

electors decided by referendum to repeal the legal provision allowing

the Italian Government to fulfil its obligations under Article 3 of the

three Directives concerned, the formulation of Article 3 is

sufficiently clear and unconditional for it to be invoked against any

national provision which is contrary to it and hence to preclude its

implementation. The Constitutional Court also held that on the basis

of consistent Court of Justice case-law on the direct effect of

directives, Article 3 of each of the three Directives on pesticide

residues would take precedence over the first part of Article 5(b) of

Law No 283/1982, which totally prohibits the release for consumption of

the same products and would presumably survive the repeal of the second

part (the power conferred on the Minister for Public Health to grant

exemptions by order).

The proposal for a referendum was finally declared admissible, but the

referendum itself, which took place in May 1990, had no effect, since

the turnout was below the level required under Article 75 of the

Constitution (more than half of the electors).

The introduction to the judgment affirms a very important principle

(albeit a contrario J on the primacy of Community law and the right

under the Italian Constitution to request a referendum to repeal a

legal provision: a law, or specific provisions of a law, which

constitute an indispensable legal instrument for incorporating a

Community directive into Italian law must be regarded as being among

the laws which Article 75 of the Italian Constitution excludes from the

referendum machinery.

```

S e c r e t a r i a t 
General

Legal Service

S t a t i s t i c a l

O f f i c e

E x t e r n a l

r e l a t i o n s

Economic and

f i n a n c i a l

a f f a i r s

```
        N o 1 2 STATISTICS ON COMPLAINTS (C) AND INFRINGEMENTS DETECTED BY THE COMMISSION'S OWN INQUIRIES (I)

```

B D DK E F GO GR IRL IT L M. P Total

C I c I C I C I C i c I C I C I C I C I C I C I C I
1982 - - 1 - - - - - 1 2

1988 1 - - 1 - - 1 1

**<5$# i** **-** **-** **-** **-** **- - . - . *** **-** **~** **-** **-** **-** **.** **-** **_** **-** **.** **-** **-** **-** **. - . - .** **2.**
1983 - - - - 1 - 1

1984 T - 1 - - 2 - - - - 1 - - - 3 2

1985 - - 1 1 - - - - - - - j 1 2
1986 - - - 2 - 1 - - - 1 4

1987 - - 1 1 - 1 - - - 1 - - - 1 - - 1 4

1988 - 1 - 1 - - - 1 - 2 - 1 - 1 - 1 - 2 - 1 - 1 - 1 - 13

1989 - 1 - 1

1984 - 2 - - - - - 2
1985 - - - - 1 1 - - - - - 2

1987 3 1 - 4

1982 - 4 2 - - 2 - - 2 1 - - - 1 4 8

1983 1 1 6 1 2 - 2 - 1 2 1 - - - - 4 1 3

1984 - 2 - - - 5 - - 1 2 - - - - 1 9

1985 - 2 - 1 - - - I - - - - - I - - I - 3 - 2 - - 1 1 0

1986 1 1 - - - - 1 - 1 - - - 2 1 - - 6 - - - - 1 - - n 3
1987 1 1 - - - 1 1 - - 4 - - - _ 2 - - 7 3
1988 - 1 - 2 - - - 1 1 - - - 1 - - - 1 1 - 1 - - W - 3 6
1989 - - - - - - - 1 1 2 3 1
**^ k -** **-** **-** **-** ***** **-** **-** **.** **.** **.** **-** **-** **-** **-** **2** **,** **-** **-** **-** **.** **-** **_** **-** **.** **.** **-** **.** **.** **-** **»**
1982 3 - - - - - - - . . 3

1983 1 - - 2 2 1

1984 . . - - 2 1 - 1 2 2

1985 ! - - - ! _ . - -, 3
1986 - 1 - - - - 1 1 - - - 1 - - 1 - . - . 3 2

1987 1 - - - 1 _ _ _ i _ 3
1988 - - - - 1 - 2 3 1 2 7 2

1989 - 1 - - 1 2 1 - 1 - 1 - 1 - - - . 3 5
**t31o** **-** **-** **-** **-** **-** **-** **1** **'** **-** ***** **- . - - 4 .** **_** **.** **,** **-** **-** **_** **-** **-** **- _ - . -** **3**

**3**

**4**

**3**

**6**

**4**

**6**

**2**

**5**

**4**

**6**

**4**

**5**

**d**

**1**

**5**

**1**

**3**

**4**

**4**

**4**

**3**
**3**

**2**

_**4**_

**9**

**6**

41

70

51

4 4

M)
66

9 7

80
**St.**

**9**

**8**

**7**

**4**

**7**

**8**

**15**

**5**
**d**

**4**

**8**

1

**10**

53

28

**29**

**61**

29

60

_22_

58

**53**

28

**32**

**29**

1

15

9

19

18

**dr**

**6** **31**

**7** **47**

**3** **64**

**4** 123

**4** **57**

**6** **23**

**10** **29**

**1** **38**

**5T** **30**

**1**

**2**

**1**

**2**

**1**

**1**

**1** **27** **7**

**2** **-** **1**
**1**

**27**

**22**

**65**

**62**

**35**

**46**

**60**

**10**

**1**

**i**

**1**

**7**

**62** **6**

**35** **6**

**46** **3**

**60** **20**

**4** **59** **5**
**d** ***,? /"<**

**10**

**5**

```
Internal market

and industrial

affairs

```

Competition

**1982 12**

**1983 13**

15 13

**1987** **5**

**1988 13**

**1989 21**
_A$$o.A%_

**1982** **5**

**1983** **2**

**1984** **1**

**1985** **2**

**1986** _2_ 1

**1987**

**11**

**8**

**3**

**4**

**12**

**9**

**9**

**12**

_AO_

**1**

**7**

**1**

**2**

**3**

**2**

**3**

**1**

**2**

_im*_

**1**

**2**

**11**

**2**

**2**

**4**

**11**

**2**

**1R**

**14**

**22**

**16**

**12-**

**d.** *****

**14**

**3**

**1**

**3**

**2**

**1**

**5**

**6**
**d**

**1**

**2**

**3**

**2**

**3**

**5**
**3**

**13** 18

67 **21** 14

53 14 14

56 **11** 22

61 IB 10

64 18 12

8*? 22 15

61 13 15

_**Akf Ay**_ **t<f**

4 2 2

**1**

**5**

**11**

**10**

**2**

_?._

**4**

**5**

**9**
_**z**_

**1**

**2** **106**

**-** **93** **6**

**6** 289 **10**

**7** **63** **13**
_**t**_ _**iL**_ **?**

1

**<** **?**

**10**

**17**

**20**

**18**

_**to**_

**6**

**10**

**5**

**5**

**9**

**5**

**44**

**1**

**1**

**2** **-** **-**

**1** **-** **-**

**1** **-** **1**

**2** **-** **-**

**1** **-** **-**

**-** **-** _**O**_

_**A$30**_
j **19** **82**
Employment and 1 0 g 3

s o c i a l a f f a i r s **1 9** **[84 ]**

**1985**

**1986**

**1987**

**1988**

**1989**

**•<53#**

**J.**

**1**

**5**

**6**

**5**

**8**

**2**

**8**

**6**

_**I**_

**3**

**2**

8

4

7

3

1

**3**

**5**

**8**

2

**8**

**10**
**3**

**2**

**3**

**3**

**8**

**3**

**1**

**1**

**2**

**11** **4**

**13** **5**

**11** **7**

**30** **6**

**31** **4**

**75** **10**

**52** **7**

**52** **10**
**ro** **j**

**3** **-**

**1** **-**

**3** **1**

_**1**_ **-**

**-** **2**

_**2**_ **-**

**1** **1**

**1** **-**

**6** **1**

**3**

**4**

**3**

4

**10**

**7**

**7**

**11**

**5**

**20**

**19**

**16**

**26**
**-<3**

2

1

3

3

**10**

4

4

9
**f**

4

7

5

**9**

**1**

**1**

**1**

**1**

1

**2**

**2**

**1**

**1**

**1**

**4**

**7**

_X_

**11**

**-** **4.** **-** **-**

**1**

**1** **1**

**2** **1** **1**

**i** **u** _**A***_ _**-**_

**7**

**4**

**7**

**11**

**r**

**4**

**7**

**7**

**6**

**4**

**8**

**4**

**2**

**1**

**3**

**1**
**d**

**-** **d.** **4**

1

7

3

4

7

8

**22**
_**At**_

**17**

30

28

28

**1**

**2**

**1**

**3**

**4**

**1**

**10**

_**L**_

**1**

**2**

**3**

**3**
_**B**_

**n**

**3**

**1**

**1** **1**

**1**

**3** **1**

**d**

**2**

**6**

**8**

**1**

**2**

**5**

**7**

**5**

**4**

**1** **16**

**1** **6**

**2** **9**

_**f**_

**18**

**20**

**23**

**32**

**20**

**37**

**18**

**54**

_**iz**_

**1**

**1** **1**

**1** **2**

**d** *****

**1**

**4»**

**5**

**4**

**•3**

**4**

**4**

**2**

**5**

**3**

**10**

**6**

**8**

**9**

**5**

**5**

**4**
**r**

**1** **-**

**2**

**197**

**1V7**

_??f>_

**3?** **H**

**35ft**

359

**59/**

350

**17**

**18**

**9**

**5**

**11**

**9**

**9**

**7**

**7**

**24**

**28**

**16**

**25**

**23**

**34**

**59**

**MS**

72

**109**

**162**

**142**

**131**

**185**

**161**

**198**

**2**

**5**

**1**

**8**

**11**

**10**

**11**

**11**

_**AO**_

A g r i c u l t u r e

T r a n s p o r t

**1982**

**1983**

**1984**

**1985**

**1986**

**1987**

**1988**

**1989**

**4 M ***

**1982**

**1983**

**1984**

**1985**

**1986**

**1987**

**1988**

**1989**

_**4*o**_

**9**

28 5 **18**
28 **9** **17**

**21** **20** **10**

**2** **12**

**9** **30**

**1** **66**

**3** **49**

**-** **34**

**1** **29**

**1** **47**

**24**

**1**

**2**

**1**

**3**

**2**

**2**
**r**

**8**

**2**

**7**

**4**

**6**

**2**

**3**

**3**
**d**

**14**

**10**

**16**

**1** **2**

**1**

**1**

_**1**_

31

26

31
_**ZÏ**_

1

2

1

3

3

2

1

**1**

**2**

**4**

**1**

**2**

**2**

**d**

**1** **3**

**1**

**1** **1**

_**A**_ **-**

**LP**

_**.1**_ **1**

1

2

1

_A_

**4fU** **-** **-** **-** **-** **-** _**t**_ **• -** **-** _**z**_
**Energy** **1983** **-** **-** **-** **-** **-** **-** **-** **1** **1** **1** **-** **-** **-** **1** **,>**
**1984** **-** **1** **-** **-** **-** **-** **.** **.** **-** **2** **-** **-** **-** **-** **-** **-** **-** **-** **-** **-** **-** **3**

**1985** **-** **1** **-** **-** **-** **-** **-** **"** **-** **1**
**1989** **-** **1** **1** **"** **'** _**1**_ **1**

**1983** **-** **-** **-** **1** **-** **1** **-** **1** **-** **-** **-** **1** **-** **/,**
**Budgetary** **1984** **1** **1** **-** **-** **-** **1** **-** **-** **-** **-** **-** **3**
**a f f a i r s** **1985** **-** **1** **-** **1** **-** **1** **-** **,** **-** **3** **-** **-** **-** **-** **-** **5** **-** **-** **-** **2** **-** **1** **4**
**1986** **-** **1** **-** **3** **1** **-** **1** **-** **"** **-** **1** **-** **2** **9**

**1987** **1** **-** **1** **2** **-** **-** **-** **-** **-** **1** **-** **5**

**1988** **-** **-** **-** **1** **-** **-** **-** **1** **-** **-** **-** **2** **-** **-** **-** **2** **-** **3** **9**
**1999** **-** **-** **-** **1** **-** **-** **-** **3** **-** **2** **-** **-** **-** **1** **-** **-** **-** **2** **-** **-** **-** **!** **-** **-** **,** **_** **n**

**1982** **-** **-** **6** **1** **-** **-** **2** **-** **-** **1** **4** **12** **2**
**Customs union** **1 9 8 3** **_** **-** **,** **-** **_** **_** **_** **5** **3** **-** **1** **8** **1** **-** **1** **1** **1** **-** **-** **1** **1** **15** **9**

**•1984** **1** **1** **-** **-** **3** **-** **-** **-** **1** **1** **-** **-** **-** **-** **5** **2**

**1985** **3** **2** **1** **3** **6** **1** **3** **1** **1** **3** **3** **2** **1** **1** **1** **2** **-** **2** **-** **2** **13** **19**
**1986** **3 -** **4 3** **3** **1 1 0** **3** **26** **2 3** **2 5** **6** **2** **1** **8** **-** **5** **-** **-** **-** **2** **1 7 1** **19**
**H987** **6 3** **4 3** **5** **2 11** **6** **16** **3 4** **3 8** **8** **1 5** **31** **1** **-** **1** **3** **3** **4** **6** **93** **44**
**1988** **12 3** **1** **3** **11** **1 6** **6** **10** **4** **4** **6** **10** **5** **1** **1 11** **7** **1** **2** **1 3** **8** **3 76** **38**
**?89** **7 2** **2 1** **7** **1 6** **4** **19** **8 9** **2 6** **8** **1 2** **10** **2** **-** **1** **-** **1** **6** **5 73** **37**
_**SL\**_ **J L J** **d** _**U**_ _**k**_ **d** **f** _**4**_ _**<\**_ **j** **ç** **<,** _**k**_ _**A**_ **y** **y** **r** **-** **-** **d** _**4**_ _**z**_ _**x**_ _**L**_ _**<iê**_ _**i%**_

```
           1982 22 10 3*1 12 7 2 106 25 39 10 59 30 17 4 53 13 5 1 13 5 352 112

           1983 24 12 31 15 9 9 117 50 29 23 94 23 19 9 51 28 3 8 21 15 399 192

           1984 14 21 34 14 13 4 102 30 36 12 144 26 9 6 102 21 3 4 19 7 476 145

           1985 28 31 45 24 14 12 106 41 55 26 200 22 16 18 104 38 3 13 14 19 585 244

           1986 35 31 68 38 13 13 135 13 163 73 57 11 154 23 12 16 92 33 10 10 20 24 32 8 791 293
```

**`1987`** **`28 15 121 32 16`** **`9`** **`153`** **`27 142 36 64 23 81 21 38 14 141 27 4 11`** _**22**_ **`26 40 19 850 260`**

```
           1988 49 27 116 36 35 12 373 30 173 48 71 26 107 22 27 12 111 44 6 14 26 23 43 13 1137 307

           1989 62 34 129 39 17 12 184 40 185 47 247 31 102 38 41 20 155 36 5 15 24 22 44 18 1195 352
```

_**Atto**_ _**Xi**_ **`2f`** _**ASA**_ **`24.`** **`20`** **`*`** _**\\\**_ _**2%**_ _**IÏ0 ZZ**_ **`l?0`** _**Aï**_ _**{00**_ _*** 0**_ _**V<**_ _**?**_ **`*>?`** _**(,(.**_ **`?`** **`40`** **`*?`** _**10**_ **`*>!.`** _**loMSZ**_ _**Z%1**_

```
                   1 
ACTION TAKEN ON COMPLAINTS, BY POLICY AREA

```

```
Infringement proceedings

    commenced

     35

     77

     85

     95

     62

     27

      1

      1

      1

      1

      4

      9

     12

     15

      9

     24

     21

     37

     24

     22

      4

```

```
No action taken

   .242

   287

   320

   308

   267

   188

    2

    10

    10

     8

    8

     5

    18

    24

    18

    22

    46

    92

   116

   112

   160

   146

   164

    46

```

```
   Policy areas

Internal market and

industrial affairs

Competition

Employment and social

affairs

Agriculture

```

```
Year of registration

    1985

    1986

    1987

    1988

    1989

    1990 (*)

    1985

    1986

    1987

    1988

    1989

    1990 (*)

    1985

    1986

    1987

    1988

    1989

    1990 (*)

    1985

    1986

    1987

    1988

    1989

    1990 (*)

```

```
(*) The Commission reviews complaints received twice a year
  367 cases not yet reviewed by the end of the year.

```

```
The figures for 1990 do not include the

```

```
Infringement proceedings

    commenced

      2

      4

      2

      1

      5

      12

      29

      40

      53

      46

      29

     4

     10

      3

      4

      3

      1

```

```
  Policy areas

Transport

Environment

Fisheries

Financial institutions

and banks

```

```
           2 
Year of registration

    1985

    1986

    1987

    1988

    1989

    1990 (•)

    1985

    1986

    1987

    1988

    1989

    1990 (*)

    1985

    1986

    1987

    1988

    1989

   1990 (*)

   1985

   1986

   1987

   1988

   1989

   1990 (*)

```

```
No action taken

     8

     9

     6

    10

     9

     7

    26

   141

   107

   160

   357

   200

    2

    1

    8

    1

    20

    3

    5

    14

    12

    5

```

```
(*) The Commission reviews complaints received twice a year,
  367 cases not yet reviewed by the end of the year.

```

```
The figures for 1990 do not include the

```

```
Infringement proceedings

    commenced

      3

      13

      30

      25

      14

      4

      3

      6

      2

      1

      75

     150

     215

     217

     168

      80

```

```
No action taken

    16

    66

    83

    62

    62

    18

     8

    11

     9

     1

    448

    654

    741

    741

    942

    563

```

```
   Policy areas

  Customs union and

  direct taxation

  Consumers

TOTAL

```

```
Year of registration

    1985

    1986

    1987

    1988

    1989

    1990 (•)

    1985

    1986

    1987

    1988

    1989

    1990 (*)

    1985

    1986 .

    1987

    1988

    1989

    1990 (*)

```

```
(*) The Commission reviews complaints received twice a year

  the 367 cases not yet reviewed by the end of the year.

```

```
The figures for 1990 do not include

```

```
                     - 137 
                       AWEX A

            Infringements of the Treaties and of Regulations

                       Contents

External relations

Economic and monetary policy

Internal market and industrial affairs ..

Competition

Employment, social affairs and education

Agriculture

Transport

```

Administrative questions

Envi ronment

Fisheries

Financial institutions and taxation

Budgetary questions

Customs union,.

Indirect taxation

_Legal biisi<_

T h e indication of the legal basis provided here is derived from the document number in the Cclrx data

base.  - ' l n c t is itself derived from the act's o»'n original number; u is made up as follou's:

— one figure identifying the documentary sector (e.g. 1 = Treaties establishing the Communities, e t c ) .

— iv-o figures identifying the reference >car (year of publication, signature, etc.),

— one o r r » o letters identifying the legal form (e.g. E (in sector I)  - = EF.C Treaty),

— A serial number representing the number given to the document on publication or the article number.

**Example** 3 80 R : I - M

Sector 3: secondary legislation

Year of publication

Regulation

**Ki-gulation** **No** _**2**_ **M** **4/80**

Page

140

140

140

147

148

149

153

```
154

154

155

156

156

157

159

```

**SECTOR** **LETTER**

**COOE**

```
     1

   TREATY

  EXTERNAL

  RELATIONS

  SECONDARY

 LEGISLATION

   '4*

```

**COMPLEMENTARY**

```
 LEGAL ACTS

```

_**\Z%**_ _**-**_

**TYPE OF DOCUMENT**

```
 TREATIES ESTABLISHING THE EUROPEAN COU> *,'! T IES.

 TREATIES AMENDING OR SUPPLEMENTING THOf-F TREATIES

 EURATOM TREATY (1957)

 ACCESSION TREATY DK. IRL, C8. N (1972)

 EEC TREATY (1957)

 TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE

 COMMISSION (1965)

 TREATY AMENDING CERTAIN BUDGETARY PROVISION! (1970)

 AMENDING TREATY (GREENLAND) (1985)

 ACCESSION TREATY GR (1979)

 ACCESSION TREATY P. E (1985)

 ECSC TREATY (1951)

 TREATY AMENDING CERTAIN FINANCIAL PROVISIONS

 TREATY AMENDING CERTAIN PROVISIONS OF THE STATUTE OF

THE EUROPEAN INVESTMENT BANK (1975)

 SINGLE EUROPEAN ACT (1986)

 LEGAL ACTS RESULTING FROM THE EXTERNAL RELATIONS OF

 THE EUROPEAN COMMUNITIES

 AGREEMENTS WITH N0N-MEM3ER COUNTRIES OR INTERNATIONAL

 ORGANIZATIONS

 SECONDARY LEGISLATION

 BUDGET

 CENSURE

 DECISION (except ECSC generol decisions)

 ECSC RECOMMENDATIONS

 EEC/EURATOM DIRECTIVES

 EEC/EURATOM REGULATIONS

 ECSC GENERAL DECISIONS

 OTHER ACTS (resolutions, opinions, etc.)
published In the OJ L series or In the OJ prior to

 1967

 OTHER ACTS published in the OJ C series

 COMMUNITY SUPPLEMENTARY LEGISLATION

 AGREEMENTS BETWEEN MEM3ER STATES

 DECISIONS (of the representatives of the

governments of Member States meeting within the

CounciI)

OTHER ACTS published in the OJ L series

OTHER ACTS published in the OJ C series

```

##### **-n^ -**

```
         TYPE OF DOCUMENT

PREPARATORT DOCUMENTS

ESC OPINIONS (if consulted)

MISCELLANEOUS COUNCIL PREPARATORY ACTS ond ASSENTS

(ECSC Treaty)

ECSC CONSULTATIVE COMMITTEE OPINIONS

EP OPINIONS (if consulted)

EP PREPARATORY ACTS FOR THE BUDGET

COURT OF AUDITORS OPINIONS

MISCELLANEOUS COMMISSION PREPARATORY ACTS

 (communications, programmes, reports)

 ESC OPINIONS (own initiative)

 EP OPINIONS (own initiative)

 COMMISSION PROPOSALS

CASE LAW

 OPINIONS OF THE ADVOCATE-GENERAL - Court of Justice

 OPINIONS - Court of First Instance

 JUDGMENT - Court of Justice

 JUDGMENT - Court of First lnstonce

 ORDER - Court of Justice

 ORDER - Court of First Instance

 SEIZURE

 THIRD PARTY PROCEEDINGS - Court of Justice

 THIRD PARTY PROCEEDINGS - Court of First Instance

 OPINION

 RULING

 NATIONAL PROVISIONS IMPLEMENTING DIRECTIVES

 PARLIAMENTARY QUESTIONS

 WRITTEN QUESTIONS

 QUESTIONS asked during question time

 ORAL QUESTIONS

```

```
 SECTOR

   •5'

PREPARATORY

 DOCUMENTS

   •6'

  CASES

   •7'

NATIONAL

MEASURES FOR

IMPLEMENTING

DIRECTIVES

   •9'

PARLIAMENTARY

 QUESTIONS

```

```
LETTER

 CODE

 AC

 AG

 AK

 AP

 BP

 CC

 DC

  IC

  IP

 PC

```

_Note:_ Scetorj planned

8 — National case-lav.

IC — Academic writing

N.B.: A / . . / . . .
( A / . . / . . . )

E.g.: A/83/039 European Court judgment of 3.12.87
(A/88/480)

```
    The procedure under Article 171 EEC - A/88/480 
    is based on the failure by the Member State to

    implement the Court's judgment in infringement

    procedure A/83/039.

```

```
Sector Legal basis Inf. No.

```

```
        -140
Member State Subject Stage of proceedings

```

```
External relations 374D0393 A/88/371 GREECE

```

```
Terminated

Reasoned opinion

Terminated

Letter of formal notice

Terminated

Reference to the Court of Justice
Case 176/84
Judgment 12.3.1987
Letter of formal notice

(Article 171)

Reference to the Court of Justice
Case 178/84
Judgment 12.3.1987

Terminated

Reasoned opinion

Reasoned opinion

Terminated

```

```
382R1765; 383R3420; A/88/505
157E005

```

```
Delay in notifying a draft GreeceThailand cooperation agreement

"Delta list" matches from Bulgaria and
Sweden

Refusal to authorize transfer of sums

credited to blocked accounts of

residents of Member States

idem

Packaging for beer and soft drinks

Provisions establishing that only
malt-based beers may be sold

Ban on the sale of beers not brewed

solely from malted barley

Restrictions on imports of vermouth

Refusal to grant import licences for
codeine

```

```
GREECE

GREECE

GREECE

DENMARK

GREECE

GERMANY

GERMANY

BELGIUM

```

```
UNITED KINGDOM Refusal to grant import licences for
         codeine

ITALY Restrictions on beer imports

```

```
A/83/39
(A/88/480)

A/88/480

A/81/268

A/82/4

A/82/5

A/82/51

A/82/316

A/82/320

A/83/21

```

```
Economic and
monetary policy

Internal market and

industrial affairs

```

```
180H052

180H052; 157E171

157E030

157E030

157E030

157E030

157E030

157E030

157E030

```

```
Sector Legal basis Inf. No.

```

```
        -141
Member State Subject Stage of proceedings

```

```
Limitation of profit margins on certain
products

Prices of pharmaceutical products

Grants for the purchase of buses and
trams

Packaging of "pétillant de raisin"

Restrictions on the import of machinery
and equipment: health and safety rules

Import declaration required for certain
products

Reimbursement of the cost of proprietary
medicinal products

Packaging of beer and non-alcoholic
beverages

Marketing of milk substitutes

Prices of pharmaceutical products and
medicines

Difficulties in importing Belgian beer

Obstacles to the import of liquid manure

Parallel imports of antiparasitics

```

```
Withdrawn

Reference to the Court of Justice
Case 249/88

Reference to the Court of Justice
Case 263/85

Reference to the Court of Justice
Case 179/85
Judgment 4.12.1986
Letter of formal notice

(Article 171)

Withdrawn

Withdrawn

Reference to the Court of Justice
Case 249/88

Terminated

Reference to the Court of Justice
Case 76/86
Judgment 11.5.1988

Reference to the Court of Justice
Case 56/87
Judgment 9.6.1988

Terminated

Terminated

Terminated

```

```
Internal market and 157E030

industrial affairs
(cont'd)

             157E030

             157E030

             157E030

             157E030

             157E030

             157E030

             157E030

             157E030

             157E030

             157E030

             157E030

             157E030

```

```
A/83/43

A/83/101

A/83/172

A/83/183

A/83/224

A/84/256

A/84/258

A/84/266

A/84/354

A/85/28

A/85/119

A/85/138

A/85/146

```

```
GREECE

BELGIUM

ITALY

GERMANY

FRANCE

FRANCE

BELGIUM

DENMARK

GERMANY

ITALY

ITALY

BELGIUM

FRANCE

```

```
Sector Legal basis Inf. No.

```

```
        -142
Member State Subject Stage of proceedings

```

```
Withdrawn

Reasoned opinion

Reasoned opinion

Reasoned opinion

Terminated

Terminated

Terminated

Reference to the Court of Justice
Case 55/89

Reference to the Court of Justice
Case 52/88
Judgment 11.5.1989
Reasoned opinion

Reference to the Court of Justice
Case 3/88
Judgment 5.12.1989

Reference to the Court of Justice
Case 274/87
Judgment 2.2.1989
Letter of formal notice

```

```
Marketing of beer

Preference given to SFP television
productions

Legislation on frontier regions

Refusal to grant import licences for
codeine

Book prices

Inland waterway scrapping premiums

Registration of imported vehicles
(certificate of conformity and
roadworthiness tests)

Denaturing of oilseed refining
by-products

Restrictions on the use of gelatin in
certain food products

Installation of data-processing systems
reserved for Italian state—owned

compan i es

Difficulties in the import of pate

```

```
Internal market and 157E030

industrial affairs

(cont'd)

             157E030; 157E052;
            157E059

             157E171; 157E068;
             157E052; 157E059

            157E030

            157E030; 157E005;
            157E085

            157E030; 157E059

            157E030

            157E030

            157E030

            157E171

            157E052; 157E059;
            157E030; 157E086;
            157E090; 157E092;
            377L0062

            157E030

            157E171

```

```
A/85/211

A/85/230

A/90/164

A/85/269

A/85/272

A/85/291

A/85/357

A/85/367

A/85/447
A/90/193

A/85/466

A/85/500
A/90/373

```

```
ITALY

FRANCE

GREECE

FRANCE

FRANCE

GERMANY

BELGIUM

ITALY

BELGIUM

ITALY

GERMANY

```

```
Sector Legal basis Inf. No.

```

```
        -143
Member State Subject Stage of proceedings

```

```
Internal market and 157E030

industrial affairs

(cont'd)

            157E030

            157E034

            373L0148

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

```

```
A/86/6

A/86/40

A/86/103

A/89/374

A/86/104

A/86/234

A/86/518

A/87/46

A/87/49

A/87/54

A/87/55

A/87/99

A/87/154

```

```
FRANCE

BELGIUM

FRANCE

DENMARK

```

```
Pharmaceutical prices;
government/industry agreements

Rules on the disposal of waste oils

Frontier controls (D/DK)

```

```
Obstacles to the import of soft drinks Terminated

```

```
UNITED KINGDOM Obligation to indicate the origin of
         imported products

```

```
BELGIUM

GERMANY

GERMANY

SPAIN

FRANCE

ITALY

ITALY

ITALY

```

```
Import licence for lubricants
originating in Germany

Amendment of the German law on

foodstuffs following the Cassis de Di ion
judgment

Introduction of standards for asphalt
membranes

Registration of imported second-hand
vehicles

Imported TV sets required to have
Peri te I socket

Ban on the use of methanol as a solvent

Marketing of butter: packaging

Ban on the sale of péti11ont de raisin
in champagne-type bottles

```

```
Reference to the Court of Justice
Case 249/88

Terminated

Reasoned opinion

Terminated

Terminated

Reasoned opinion

Reasoned opinion

Terminated

Terminated

Reference to the Court of Justice
Case 176/89

Terminated

Reasoned opinion

```

```
Sector Legal basis Inf. No.

```

```
         -144
Member State Subject Stage of proceedings

```

```
GERMANY

SPAIN

UNITED KINGDOM

GERMANY

ITALY

GREECE

FRANCE

GREECE

BELGIUM

GREECE

BELGIUM

ITALY

GERMANY

LUXEMBOURG

```

```
Internal market and 157E030

industrial affairs

(cont'd)

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

            157E030

```

```
A/87/297

A/87/311

A/87/319

A/89/104

A/87/424

A/87/115

A/87/454

A/89/348

A/87/499

```

```
German rules on Leichtomofa light mopeds Terminated

```

```
Obstacles to the import of biscuit and
chocolate products

Special UK standards for steel

Imports of flame arresters

Import licences for the exploitation of
new plant varieties and patents

Indication of origin on packaging

Bicycle brakes

Imports of cash registers

Obstacles to the import of
telecommunications equipment (broadcast
receiving aerials)

Imports of second-hand trucks

Fixing minimum prices for manufactured
tobacco

Marketing of frozen pre-cooked bread

Personal imports of medicines

Ban on distribution of advertising
leaf lets

```

```
Reference to the Court of Justice

Reasoned opinion

Reasoned opinion

Reference to the Court of Justice
Case 235/89

Reasoned opinion

Terminated

Reasoned opinion

Terminated

Terminated

Reference to the Court of Justice
Case 287/89

Reasoned opinion

Reference to the Court of Justice
Case 62/90

Reasoned opinion

```

```
157E030; 157E036 A/89/125

157E030 A/87/500

157E030; 157E036 A/89/349

157E030 A/88/61

157E030 A/88/76

```

```
157E030 A/89/335 IRELAND Regulations on tobacco prices Reasoned opinion

```

```
                                                   -14t>
Sector Legal basis Inf. No. Member State Subject Stage of proceedings

```

```
Internal market and 157E030

industrial affairs

(cont'd)

            157E030

            157E030

            157E034

            157E030

            157E030; 157E036

            157E030

            157E052; 157E059

            157E030

            157E052; 157E059

            157E007; 157E048;
            157E052; 157E059;
            157E171

            157E052

```

```
A/88/214

A/89/127

A/89/34

A/89/61

A/89/538

A/89/102

A/89/166

A/83/267

A/89/227

A/84/36
(A/88/373)

A/84/182
(A/90/164)

A/84/325

```

```
SPAIN Rules amending certain items in
         specifications: hydrocarbon binders

GREECE Imports of tourist buses from Belgium

UNITED KINGDOM Patent licences

```

```
Terminated

Reasoned opinion

Reference to the Court of Justice
Case 30/90

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Terminated

Reasoned opinion

Reference to the Court of Justice
Case 168/85
Judgment 15.10.1986

Reference to the Court of Justice
Case 305/87
Judgment 30.5.1989

Terminated

Reasoned opinion

Reference to the Court of Justice
Case 147/86
Judgment 15.3.1988

```

```
Disproportionate penalties

Radio reception installations

Discriminatory charges for carriage of
non-Italian newspapers by air

Labelling of medicinal products

Replacement of doctors: dual practices

Imports of saccharine-based products
(fish)

Nationality requirement (guides,
journalists, licensed pharmacists)

Laws relating to frontier areas

Access to real-estate loans and renting
of housing

Equivalence of diplomas (opticians)

Requirement of Greek nationality for
teaching

```

```
157E005; 157E048; A/89/73
157E059

```

```
FRANCE

DENMARK

ITALY

GERMANY

FRANCE

LUXEMBOURG

ITALY

GREECE

ITALY

FRANCE

GREECE

```

```
157E048; 157E052;
157E059

```

```
A/84/388
(A/85/265)

```

```
Sector Legal basis Inf. No.

```

```
        -146
Member State Subject Stage of proceedings

```

```
Nationality requirement for lawyers

Nationality requirement for architects,
engineers and land surveyors

```

```
Internal market and 157E052; 157E059
industrial affairs

(cont'd)

            157E052; 157E059

```

```
A/85/264
(A/85/265)

A/85/265
(A/89/165)

```

```
GREECE

GREECE

```

```
157D1186; 386D0283 A/85/499

```

```
Reference to the Court of Justice
Case 38/87
Judgment 14.7.1988

Reference to the Court of Justice
Case 38/87
Judgment 14.7.1988

Reference to the Court of Justice
Case 263/88
Judgment 12.12.1990

Reference to the Court of Justice
Case 154/89

Reference to the Court of Justice
Case 180/89

Reference to the Court of Justice
Case 198/89

Withdrawn and removed from Court

register

Terminated

Reference to Court of Justice
Case 58/90

Reference to Court of Justice
Case 297/90

Reference to Court of Justice
Case 351/90

Reference to Court of Justice
Case 328/90

```

```
FRANCE Freedom of establishment and freedom to

         provide services in overseas territories

FRANCE Restrictions on freedom to supply
         services as a tourist guide

ITALY Restrictions on freedom to supply
         services as a tourist guide

GREECE Restrictions on freedom to supply
         services as a tourist guide

NETHERLANDS Restrictions on freedom to supply
         television services

FRANCE Restriction of recognition of veterinary
         qualifications to naturalized French
         citizens

```

```
157E059

157E059

157E059

157E059

```

```
A/86/432

A/87/71

A/87/113

A/85/463

```

```
157E048; 157E052; A/87/407
157E059

```

```
157E007; 157E048;

157E052; 157E059

157E052; 157E059;
157E171

157E048; 157E052

```

```
A/88/340 ITALY Refusal to recognize qualifications in
                  physiotherapy and osteopathy

A/88/373 ITALY Nationality requirement (guides,
                  journalists, keepers of chemists' shops)

A/89/106 LUXEMBOURG Refusal to license opening of dual
                  dental practice

```

```
157E052; 157E059; A/89/165
157E171

157E052; 157E059; A/89/236
157E171

```

```
GREECE Nationality requirement to practise as
         architect, engineer or surveyor

```

```
FRANCE Replacement of doctor, dual practice Terminated

```

```
Sector Legal basis Inf. No.

```

```
         -147
Member State Subject Stage of proceedings

```

```
Occupational access (kinestherapists and Reasoned opinion
podologists)

```

```
Internal market and 157E005; 157E048;
industrial affairs 157E ; 157E059
(cont'd)

             157E005; 157E030;

             157E062; 157E059

             157E059; 157E090

            371L0305

             157E030

```

```
A/89/117 FRANCE

```

```
A/87/505

A/88/332

```

```
NETHERLANDS

ITALY

```

```
Restrictions on free movement of

services in broadcasting

Notice of qualification

Public works contract: failure to
respect time limit for submission of
tenders

Wine law

Insurance of public property

Petroleum products monopoly

Refusal to give assistance to Commission
staff

Aid for Idea I spun-Beau Iieu

Insurance of public property

Adjustment of petroleum monopoly

Adjustment of petroleum monopoly

```

```
Reference to the Court of Justice
Case 353/89

Reference to Court of Justice
Case 95/90

Terminated

Reasoned opinion

Reference to the Court of Justice
Case 226/87
Judgment 30.6.1988

Reference to the Court of Justice
Case 347/88
Judgment 13.12.1990

Terminated

Reference to the Court of Justice
Case 375/89

Terminated

Reasoned opinion

Reasoned opinion

```

```
A/88/379 SPAIN

```

```
A/88/294

A/86/111
(A/89/047)

```

```
GERMANY

GREECE

```

```
Competition

```

```
385D0276

157E030; 157E034;
157E037

```

```
A/86/138 GREECE

```

```
157E005; 362R0017 A/87/72

157E171; 384D0508 A/89/30

```

```
GERMANY

BELGIUM

GREECE

PORTUGAL

SPAIN

```

```
157E171; 157E005;
157E0189

1861208; 157E012;
157E030; 157E095

1861048; 157E030

```

```
A/89/47

A/89/21

A/87/361

```

```
Sector Legal basis Inf. No.

```

```
         -148
Member State Subject Stage of proceedings

```

```
Reference to the Court of Justice
Case 236/88

Terminated

Reasoned opinion

Terminated

Reference to the Court of Justice
Case 42/87
Judgment 27.9.1988

Reference to the Court of Justice
Case 307/89

Terminated

Terminated

Terminated

Terminated

Terminated

Withdrawn

Reasoned opinion

```

```
FRANCE Supplementary allowance from the Fonds
         notional de solidarité - refusal to

         export a social security benefit

GERMANY Concept of normal housing

LUXEMBOURG Discrimination on grounds of nationality

FRANCE Calculation of employment benefits for
         frontier workers

```

```
Employment and
Social Affairs

```

```
371R1408 A/79/131

368R1612; 157E048 A/84/336

157E048; 368R1612 A/89/521

371R1408 A/85/210

157E007; 157E048; A/85/435
157E128; 368R1612; A/90/173
157E171

157E007; 371R1408 A/85/468

```

```
Discrimination in public financing;
non-university higher education

Refusal to grant allowances from the
Fonds national de solidarité to

nationals of other Member States

Social security entitlements of
nationals employed in Algeria

Failure to respect Community-wide
agreement on disability

Grant of widow's pension

Discrimination in the settlement of
old-age pension requirements

Equal treatment in respect of access to
vocational training courses

Family allowances granted under
legislation of the State in which a
worker's family resides

Social discrimination

```

```
BELGIUM

FRANCE

FRANCE

FRANCE

FRANCE

BELGIUM

GERMANY

FRANCE

ITALY

```

```
365R0109

157E051; 157E040;
371R1408

371R1408

157E007; 371R1498

```

```
A/86/249

A/86/374

A/87/056

A/87/057

```

```
368R1612; 157E007; A/87/070
157E048; 157E052

371R1408; 372R0574; A/87/239
68410041

157E007; 371R1408; A/89/10
372R0574

```

```
157E048; 368R1612 A/87/282 GERMANY Equal treatment in respect of benefits Reasoned opinion

```

```
Sector Legal basis Inf. No.

```

```
         -I4yMember State Subject Stage of proceedings

```

```
Terminated

Terminated

Reference to the Court of Justice
Case 300/900

Reference to the Court of Justice
Case 253/90

Reference to the Court of Justice
Case 198/90

Reference to the Court of Justice
Case 326/90

Reference to the Court of Justice
Case 57/90

Terminated

Terminated

Terminated

Reasoned opinion

Terminated

```

```
Employment and
Social Affairs
(cont'd)

```

```
157E051; 371R1408 A/88/159 NETHERLANDS

157E051; 371R1408 A/88/160 GERMANY

```

```
157E048; 368R1612 A/88/215

371R1408 A/88/362

371R1408 A/88/363

683J0261; 673J0187; A/88/364
674J0039; 675J0007

371R1408; 683J0275 A/88/365

```

```
BELGIUM

BELGIUM

NETHERLANDS

BELGIUM

FRANCE

```

```
Refusal to grant family benefits to
workers with unemployed children in
other Member States

Refusal to grant family benefits to
workers with unemployed children in
other Member States

Discrimination in requiring extra
insurance contributions

Deduction of health insurance

contributions from supplementary pension
benefits

Discrimination against Belgian workers
in relation to early retirement

Covert discrimination in granting
welfare or social security benefits

Deduction of health insurance
contributions from supplementary
retirement benefits

Wine law 1971

Olive oil

```

```
Agriculture 157E030; 370R1698 A/72/212 GERMANY
                         (A/89/160)

            366R0136; 384R2261; A/89/118 SPAIN
             384R3061; 157E005

```

```
379R0337; 379R0338 A/83/30 GERMANY Ban on the use of rectified grape must
                              concentrate

```

```
157E099; 157E005 A/89/242 NETHERLANDS

157E030; 181H065 A/83/85 GREECE

```

```
Inventory of aids

Ban on import of bananas from ACP
countries

```

```
379R0338 A/83/115 ITALY Lago di Caldaro wine Terminated

```

```
Sector Legal basis Inf. No.

```

```
        -150
Member State Subject Stage of proceedings

```

```
Agriculture (cont'd) 387R1351; 157E0330 A/90/176 ITALY

            368R0804; 379R0262 A/84/85 ITALY

            368R0805; 157E030; A/84/180 GREECE
            157E171 (A/89/467)

            368R0805 A/84/327 GERMANY

            157E189; 157E005; A/84/358 GERMANY
            379R0337

            379R0337; 157E030 A/84/360 GERMANY

            384R0857 A/84/387 ITALY

            379R337; 157E030 A/85/016 GERMANY

            157E171; 372R1035; A/85/68 ITALY
            369R2638; 380R2150

            380R1837; 382R0019; A/85/101 GREECE
            383R0020; 157E113

            366R0136; 157E030; A/85/142 GREECE
            157E034

            368R0827; 377L0504; A/85/275 FRANCE
            157E030

            375R2744; 382D0495; A/85/258 NETHERLANDS
            382R2029; 382R3383;
            157E005; 377R2891

```

```
Imports of eggs for hatching

Marketing of fractionated concentrated
butter

Restrictions on meat imports

Export of agar-preserved meat

Increase in alcoholic strength of
Moselle wines

Protection of the Bocksbeutel bottle

Milk levy

Spark Iing wines

Quality standards for fruit and
vegetables

Prices for sheep and goats imported from
Hungary

Obstacles to trade in olive oil

Rules on artificial insemination

Release for free circulation of 50 000 t

of basic product transported by the
vessel Equinox and coming from Thailand

```

```
Reasoned opinion

Reference to the Court of Justice
Case 67/88

Reference to the Court of Justice
Case 124/85
Judgment 16.12.1986
Reasoned opinion

Withdrawn

Terminated

Withdrawn

Terminated

Reference to the Court of Justice

Reference to the Court of Justice
Case 69/86
Judgment 12.2.1987

Reference to the Court of Justice
Case 127/87

Terminated

Terminated

Reference to the Court of Justice
Case 96/89

```

```
 Sector Legal basis Inf. No.

Agriculture (cont'd) 385D0341 A/85/292

            384R2261; 157E040; A/85/413
            375R2727

            375R2727; 157EO05; A/85/480
            157E093

            375R2727; 157E171 A/86/25

            366R0136; 157E034 A/86/108
                        (A/85/142)

            368R0234; 371R2358; A/86/137
             157E034; 157E030

             157E030; 366R0136 A/86/215

            379R0729; 157E005 A/89/57

            384R3061; 384R2261 A/86/216

            384R3061; 384R2261 A/86/217

             157E030; 157E036 A/86/263

            380R1837; 157E030 A/86/329

```

```
        -151
Member State Subject Stage of proceedings

```

```
ITALY

GREECE

GREECE

GREECE

GREECE

NETHERLANDS

ITALY

FRANCE

GREECE

ITALY

GREECE

GERMANY

```

```
Protection against swine fever

Recognition of olive oil producer
organizations: recognition of
cooperatives only

Importation of feed grain, maize and
barley; management of markets by Kydep

Purchase of substandard durum wheat from

1982 harvest

Barriers to trade in olive oil

Compulsory registration of exporters of
agricultural products with a supervisory
body

Restrictions on the marketing of oils
and fats

Refusal to provide wine samples for
analysis

Computerized data files for olive oil

Computerized data files for olive oil

Obstacles to the import of cheese (H)

Obstacles to the import of live sheep
and Iambs

```

```
Withdrawn

Terminated

Referred to the Court of Justice
Case 35/88
Judgment 12.7.1990

Referred to the Court of Justice
Case 281/87
Judgment 29.11.1989

Referred to the Court of Justice
Case 272/86
Judgment 22.9.1988

Referred to the Court of Justice
Case 43/88
Judgment 31.5.1989

Referred to the Court of Justice
Case 67/88

Terminated

Withdrawn

Withdrawn

Referred to the Court of Justice
Case 293/89

Referred to the Court of Justice
Case 382/89

```

```
Sector Legal basis Inf. No. Member State Subject Stage of proceedings

```

```
Referred to the Court of Justice
Case 110/89

Terminated

Reasoned opinion

Terminated

Reasoned opinion

Terminated

Reference to the Court of Justice
Case 217/89
Judgment 10.7.1990

Terminated

Reasoned opinion

Reasoned opinion

Reference to the Court of Justice
Case 61/90

Terminated

Withdrawn

Reference to the Court of Justice
Case 210/89
Judgment 11.10.1990

```

```
Agriculture (cont'd) 375R2727; 157E034 A/86/422

             366R0136; 157E030 A/86/444

             157E030; 368R0804 A/90/81

             157E030; 368R0804 A/86/469

             157E030; 381R3796 A/90/375

             381R1371; 385R3154; A/86/512
             157E005

             387R0822; 157E005 A/87/102

```

```
GREECE Refusal to grant export licences for
         maize

GREECE Maximum prices in olive oil trade

FRANCE Oils and fats in cheese

LUXEMBOURG Health control certificates required for
         the import of pasteurized butter

GERMANY Imports of live freshwater crayfish

GREECE Obstacles to the payment of monetary
         compensatory amounts

GERMANY Non-compliance with obligation to
         deliver wine for compulsory distillation

FRANCE Penalties for infringements of the rules
         on aid towards the production of olive
         oil

ITALY Ceiling on imports of certain dairy
         products

FRANCE Additional milk levies: right to opt for
         a reference year other than 1983

GREECE Kydep monopoly - intervention by the
         central government in the cereals sector

NETHERLANDS Export of eggs in shell

GREECE Radioactivity certificate requirement
         for imports: level of radioactivity in
         food (H)

ITALY Fat content of cheese (L)

```

```
384R2262

157E030

```

```
A/87/199

A/89/72

```

```
368R0804; 384R0857 A/87/344

375R2727 A/87/385

375R2771; 375R2772 A/87/455

157E036; 157E030 A/87/564

368R0804; 157E030 A/88/18

```

```
 Sector Legal basis Inf. No.

Agriculture (cont'd) 386R2239 A/88/44

             157E030; 368R0804 A/88/80

```

```
          -15*5Member State Subject Stage of proceedings

```

```
PORTUGAL

ITALY

```

```
366R0136; 384R2261 A/88/83 ITALY

375R2727; 157E030 A/88/242 SPAIN

379R2374; 157E005 A/88/329 GREECE

157E404; 356E0136; A/88/360 GREECE
384R2261

```

```
             385R0797 A/89/3

             370R1698; 157E171 A/89/160

             157E030; 368R0805; A/89/467
             157E171

Transport 370R1108; 370R2598 A/86/476

             157E076; 157E095 A/90/202

             157E059; 157E048 A/87/351

             157E059; 157E048; A/87/352
             157E052

             386R4055 A/88/74

```

```
DENMARK

GERMANY

GREECE

FRANCE

GERMANY

GREECE

SPAIN

PORTUGAL

```

```
Misapplication of Community rules on
grubbing-up premiums

Constraints on consumer price of
pasteurized mi Ik

Community aid: discrimination against
olive oil producers not belonging to
cooperatives

Spanish flag clause, intra-Community
deliveries of cereals to Spain

Intervention beef and veal intended for

welfare organizations

Olive oil - producers' associations

Set-aside of arable land

1971 wine law

Imports of certain cuts of meat

Failure to provide statistics on
transport infrastructures

Tax on heavy goods vehicles

Discrimination on the ground of
nationality as regards entry to museums

Discrimination on the ground of
nationality as regards entry to museums

Measures favouring vessels flying the
Portuguese flag

```

```
Terminated

Reasoned opinion

Terminated

Terminated

Reference to the Court of Justice
Case 92/90

Reasoned opinion

Reference to the Court of Justice
Case 36/90

Terminated

Reasoned opinion

Terminated

Reference to the Court of Justice
Case 195/90

Reasoned opinion

Reasoned opinion

Terminated

```

```
Sector Legal basis Inf. No.

```

```
         -154
Member State Subject Stage of proceedings

```

```
Transport (cont'd) 387D0602 A/88/281 ITALY Refusal to give authorization for an air
                                          link between Manchester and Milan

```

```
BELGIUM Transfer to Community pension scheme

NETHERLANDS Transfer to Community pension scheme

GERMANY Family allowances from more than one

         source

BELGIUM Transfer to Community pension scheme

PORTUGAL Difficulties concerning import of cars
         by officials or servants of the
         Commission

```

```
Administrative

affairs

Environment

```

```
Staff Regulations A/78/7
            (A/84/303)

Staff Regulations A/78/8

```

```
382R3626; 157E005; A/89/66
157E189; 1861395

382R3626; 157E005 A/86/225

```

```
BELGIUM

BELGIUM

FRANCE

SPAIN

FRANCE

```

```
165F/PR0/PRI;
157E171

157F/PR0/PRI;
157E171

165F/PR0/PRI

157E005

165/PRO/PRI

165F/PR0/PRI

```

```
A/83/65

A/84/303

A/88/050

A/88/65

A/89/22

A/89/23

```

```
Reference to the Court of Justice
Case 352/88
Interim order 3.2.1989

Reference to the Court of Justice
Case 137/80
Judgment 19.10.1981

Terminated

Reference to the Court of Justice
Case 189/85
Judgment 7.5.1987

Reference to the Court of Justice
Case 383/85
Judgment 3.10.1989

Terminated

Reference to the Court of Justice
Case 6/89
Judgment 5.4.1990

Terminated

Reasoned opinion

Reasoned opinion

Reference to the Court of Justice
Case 182/89
Judgment 1.11.1990

```

```
50% reduction in the salaries paid by
the Belgian authorities to Belgian
teachers on secondment

Application of PPI - Peulens case

Deduction of health insurance

contributions from retired EC official's

national pension

Imports of chimpanzees

Rules on international trade in wild
animal and plant species in danger of
extinction

```

```
 Sector Legal basis Inf. No.

Fisheries 383R0170; 382R2057; A/84/404
            383R0098; 383R3624;
            384*0320; 385R0001

```

```
         -155 Member State Subject Stage of proceedings

NETHERLANDS Overfishing 1983 and 1984 Terminated

```

```
382R2057; 383R0171 A/84/445 FRANCE Fisheries: inadequate compliance with
                              technical conservation measures

```

```
Reference to the Court of Justice
Case 64/88

```

```
383R0170; 382R2057; A/85/354
383R0098; 383R3624;
384R0320; 385R0001

```

```
NETHERLANDS Overfishing 1985 Judgment 5.10.1989
                                   Terminated

```

```
157E052 A/85/394 IRELAND Lack of conformity with Community law of
                              the Fisheries Amendment Act 1983

381R3796; 382R3191 A/86/188 ITALY Failure to provide information in
                              connection with the common organization
                              of the market in the fisheries sector

381R3796; 383R3598 A/86/189 FRANCE Failure to provide information in
                              connection with the common organization
                              of the market in the fisheries sector

381R3796; 383R3598 A/86/362 IRELAND Failure to provide information in
                              connection with the common organization
                              of the market in the fisheries sector

```

```
Reference to the Court of Justice
Case 93/89

Reference to the Court of Justice
Case 209/88
Judgment 27.11.1990

Terminated

Reference to the Court of Justice
Case 39/88
Judgment 27.11.1990

```

```
385R0001 A/86/368
            (A/87/398)

385R3721 A/86/370

381R3796; 383R3598; A/86/391
382R3191; 383R3599

```

```
NETHERLANDS Overfishing 1986

GREECE Failure to provide information in
         connection with the common organization
         of the market in the fisheries sector

```

```
UNITED KINGDOM Overfishing 1985 Letter of formal notice

```

```
Reasoned opinion

Reference to the Court of Justice
Case 200/88
Judgment 27.11.1990

```

```
385R0001; 385R006 A/87/255 FRANCE Overfishing 1985 Reference to the Court of Justice
                                                       Case 62/89
                                                       Judgment 20.3.1990

```

```
Sector Legal basis Inf. No.

```

```
        -156Member State Subject Stage of proceedings

```

```
UNITED KINGDOM Overfishing 1986

SPAIN Failure to fulfil obligation to record
         catches (ICES divisions)

UNITED KINGDOM Extension of territorial waters

UNITED KINGDOM Fishing boats, restrictions on free
         movement of persons and exports of goods

```

```
Fisheries (cont'd) 385R3721

             385R3721; 385R3730;
             385R3732; 383R0170;
             382R057

             385R3721; 385R3732

             382R2057; 385R3777;
             386R4034

```

```
A/87/256

A/87/396

A/87/398

A/87/405

```

```
BELGIUM

FRANCE

```

```
Overfishing 1986

Overfishing 1986

```

```
Terminated

Reference to the Court of Justice
Case 244/89

Reasoned opinion

Reference to the Court of Justice
Case 146/89

Reference to the Court of Justice
Case 146/89

Reference to the Court of Justice
Case 279/89

Reference to the Court of Justice
Case 280/89

Reasoned opinion

Reference to the Court of Justice
Case 246/89

Terminated

Reasoned opinion

Reference to the Court of Justice
Case 54/87
Judgment 22.2.1989

Reference to the Court of Justice
Case 251/88
Judgment 23.5.1990

```

```
172B100; 383R0170 A/87/520

376R0101; 381R3796 A/88/186

376R0101; 381R3796 A/88/187

382R2057; 387R2241 A/88/356

```

```
IRELAND

SPAIN

```

```
Ban on British fishing boats in Irish
waters and associated measures

Requirement to cooperate - inspection
and monitoring of fishing

```

```
ITALY

BELGIUM

ITALY

GERMANY

```

```
A/89/87

A/88/318

A/89/149

A/85/355

```

```
UNITED KINGDOM Merchant Navy Act

```

```
Financial

institutions

```

```
157E048; 157E052;
157E059

157E059; 157E016

157E059

```

```
Taxation on encashment of Eurocheques

Premium for the acquisition of housing

Refusal to pay interest charges

Own resources from VAT: calculation of
compensation for exemption of
te Iecommuni cat ions

```

```
Budgetary questions 377R2891; 157E171

```

```
377R2892; 377R2891 A/87/60

```

```
Sector Legal basis Inf. No.

```

```
        -157Member State Subject Stage of proceedings

```

```
Budgetary questions 377R2891
(cont'd)

```

```
A/87/98

```

```
Interest on payment of own resources
from customs duties

Own resources; interest on late
payments; Yugoslav maize presented as
being of Greek origin

Interest on late payment of own

resources

Implementation of the Protocol on the
Privileges and Immunities of the EC

Interest on late payment of own
resources (Report 87-7-3)

Interest on late payment of customs
duties (Report 84-6-3)

Failure to calculate and pay VAT
resources owing to exemption of tolls

```

```
375R2727; 377R2891; A/87/358
379R1697; 157E005

```

```
377R2891

```

```
A/88/029

```

```
157E005; A/88/245
165F/PR0/PRI

377R2891; 157A018 A/90/466

```

```
ITALY

GREECE

ITALY

SPAIN

ITALY

ITALY

IRELAND

```

```
FRANCE

ITALY

```

```
A/88/285

A/89/19

A/89/20

A/84/437

```

```
UNITED KINGDOM Failure to calculate and pay VAT
         resources owing to exemption of tolls

```

```
Customs union

```

```
377R2891

377R2891

377R2891

682J0199

```

```
Repayment of national charges having
equivalent effect

Repayment of national charges having
equivalent effect

```

```
682J0199; 157E171 A/84/438

```

```
UNITED KINGDOM Civil aircraft exempted from customs
         duties and subsequently used as military
         aircraft

```

```
377R1535

```

```
A/84/126

```

```
Withdrawn

Terminated

Withdrawn

Terminated

Reasoned opinion

Withdrawn

Reasoned opinion

Reasoned opinion

Withdrawn

Reference to the Court of Justice
Case 104/86
Judgment 24.3.1988
Letter of formal notice

Reasoned opinion

```

```
Sector Legal basis Inf. No.

```

```
        -158Member State Subject Stage of proceedings

```

```
A/84/342

A/84/343

A/84/344

A/84/345

A/84/346

A/84/347

A/86/229

```

```
Duty-free importation of military
equipment

Duty-free importation of military
equipment

```

```
Customs union
(cont'd)

```

```
157E009; 157E028;
368R0950

157E009; 157E028;
368R0950

157E009; 157E028;
368R0950

157E009; 157E028;
368R0950

157E009; 157E028;
368R0950

157E009; 157E028;
368R0950

157E009; 181H029;
157E171

```

```
BELGIUM

DENMARK

```

```
UNITED KINGDOM Duty-free importation of military
         equipment

```

```
ITALY

```

```
Duty-free importation of military
equipment

```

```
LUXEMBOURG Duty-free importation of military
         equipment

NETHERLANDS Duty-free importation of military
         equipment

```

```
Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reference to the Court of Justice
Case 229/87
Judgment 15.11.1988

Withdrawn

Reference to the Court of Justice
Case 137/89
Judgment 14.3.1990

Terminated

Reasoned opinion

Reasoned opinion

Reasoned opinion

```

```
Bank charge for checking imported
products

Payment of Mozos de Aduono taxes

Telegrams sent by veterinary services
charged to importers of Iivestock

Tax on agricultural products (dried
fruit, chocolate-based products and
sugar)

Charge for computerized checking of
customs declarations

Returned goods

Stamp duty on certain products

```

```
1861035 A/87/62

157E009; 157E102 A/87/158

157E009; 157E095 A/87/283

```

```
GREECE

SPAIN

ITALY

DENMARK

FRANCE

FRANCE

ITALY

```

```
157E009; 157E012;
368R0804

376R0754

157E009; 387D0433

```

```
A/88/182

A/88/325

A/88/447

```

```
Sector Legal basis

```

```
                -159Inf. No. Member State Subject Stage of proceedings

```

```
Indirect taxation 157E095 A/83/136
                        (A/88/300)

            157E095; 157E096 A/83/158

            157E095; 157E096 A/83/187

            157E095; 157E096 A/83/188

            157E095; 157E096 A/83/189

```

```
ITALY Consumption tax on bananas

ITALY Excise duty on beer

BELGIUM Excise duty on beer

LUXEMBOURG Excise duty on beer

NETHERLANDS Excise duty on beer

IRELAND Excise duty on table waters

FRANCE Taxation of imports of second-hand goods
         having the effect of double taxation

FRANCE Taxation of imports of second-hand goods
         having the effect of double taxation

DENMARK Motor vehicles

GREECE Differential rates of tax on imports of
         decorative articles made of ordinary
         plastic

GREECE Tax on imports of powdered cheese

ITALY Excise duties on rum

```

```
Reference to the Court of Justice
Case 184/85
Judgment 5.7.1987

Reference to the Court of Justice
Case 238/90

Reference to the Court of Justice
Case 153/89

Reference to the Court of Justice
Case 152/89

Reference to the Court of Justice
Case 282/89

Terminated

Terminated

Reference to the Court of Justice
Case 120/88

Reference to the Court of Justice
Case 47/88
Judgment 11.12.1990

Terminated

Terminated

Reference to the Court of Justice
Case 323/87
Judgment 11.7.1989
Letter of formal notice

```

```
157E095

157E095

157E095

157E095

157E095

157E095

```

```
A/85/215

A/85/331

A/85/333

A/85/503

A/86/78

A/86/80

```

```
157E095; 157E171 A/86/83
            A/90/99

```

```
Sector Legal basis Inf. No.

```

```
        -160
Member State Subject "Stage of proceedings

```

```
FRANCE

SPAIN

GREECE

GREECE

PORTUGAL

GREECE

ITALY

IRELAND

GREECE

IRELAND

ITALY

```

```
A/86/219

A/86/340

A/86/399

A/86/400

A/87/308

A/87/325

A/87/341

A/88/77

A/88/275

A/88/300

A/88/336

A/88/369

```

```
Indirect taxation

(cont'd)

```

```
157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

157E095

```

```
FRANCE

GREECE

```

```
Parafiscal charge on imports of forestry
products

Discriminatory treatment of motor
vehicles imported from other Member
States

```

```
UNITED KINGDOM Parafiscal charge levied by the Sea Fish
         Industry Authority

```

```
Reasoned opinion

Reference to the Court of Justice
Case 132/88
Judgment 5.4.1990

Terminated

Terminated

Reference to the Court of Justice
Case 119/89

Reference to the Court of Justice
Case 159/89

Reference to the Court of Justice
Case 230/89

Reasoned opinion

Reasoned opinion

Reference to the Court of Justice
Case 380/89

Terminated

Reference to the Court of Justice
Case 327/90

Terminated

Reasoned opinion

```

```
Contribution levied on potatoes

Taxation of imports of second-hand goods
having the effect of double taxation

Taxation of imports of second-hand goods
having the effect of double taxation

Higher VAT on imported spirituous
beverages than on national products

Administrative charge for the inspection
of fruit and vegetables

VAT rate: silver-plated cutlery

Taxation of bananas

Measures introducing differential VAT
rates on newspapers

VAT on imported cars

Counterfeit goods

Counterfeit goods

```

```
386R3842; 387R3077 A/89/89

386R3842; 387R3077 A/89/90

```

```
Sector Legal basis Inf. No.

```

```
           - i b i 
Member State Subject Stage of proceedings

```

```
PORTUGAL

NETHERLANDS

SPAIN

PORTUGAL

ITALY

GREECE

GREECE

GREECE

SPAIN

FRANCE

```

```
Inward processing of textiles

Imports of bread-making flour into the
Canaries

Restrictions on forwarding agents making
customs declarations

Obstacles to the free movement of steel
products

Temporary importation of video cameras
(camcorders)

Tax discrimination for imported cars

Admission to museums

Admission to museums

Lodging of instrument of ratification of
the 1986 international cocoa agreement

```

```
Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Reasoned opinion

Terminated

```

```
A/89/93

A/89/128

A/89/130

A/89/132

```

```
Differential taxation of motor vehicles Reasoned opinion

```

```
Indirect taxation
(cont'd)

Enterprise policy,
Tourism,
Cooperatives

Legal Services

```

```
157E095

382R0636

Art. 6 Accession

Protocol

385R3632

```

```
157E030; 151K004 A/89/361

382R3599; 384R1751; A/89/544
157E030

157E095 A/89/627

157E059; 157E007; A/87/351
157E048; 157E052

157E059; 157E007; A/87/352
157E048; 157E052

157E112 A/89/32

```

```
                   - 167 
                   ANNEX B

             Infringement of directives

                  Contents

Statistical questions
Internal market and industrial affairs
Competition
Financial institutions and company law
Employment, social affairs and education
Environment, consumer protection and nuclear safety
Agriculture
Transport
Energy
Budgets
Customs -union and indirect taxation
Telecommunications, information industries and innovation
Human resources, education, training and youth

               Explanation of entries

```

```
78/546

(31.12.89)

blank

yes

n.m.n.

n.p.i.

n.p.a.

1.1.86

A/74/89

Case 171/88

Judgment 1.3.83

r.o.

```

```
= number of directive

- deadline for incorporation of directive into national
 law

= no measures notified by 31 December 1990 although
 measures may in fact have been taken (measures notified
 by MS currently under study)

- national implementing measures notified

 proceeding initiated or pursued on the ground that no
 measures have been notified

- proceeding pursued on the ground that the directive has
 not been properly incorporated into national law

- proceeding pursued on the ground that the directive is
 not being properly applied

= deadline for incorporation by the particular
 Member State

= infringement number ( /89 - year in which proceedings
 were initiated)

- number of case on Court of Justice register

- date of Court judgment

- reasoned opinion

```

```
                                            - 168 
Directive Subject DK UK EL IRL NL

Statistical questions

```

```
72/280 Statistical surveys - yes
(1.1.73) milk and milk
      products

73/132 Statistical surveys - yes
      bovine livestock

```

```
yes yes yes yes yes yes A/209/88 yes
                                   n.p.a.

                                   r.o.

yes yes yes yes yes yes A/208/88 yes

                                   n.p.a.

                                   r.o.

```

```
yes yes yes

yes yes yes

yes yes yes

```

```
76/630 Surveys of pig
(1.12.76) production

```

```
yes yes yes yes yes yes yes A/210/88 yes

                                          n.p.a.

                                          r.o.

```

```
78/546 Statistical returns - yes
(31.12.80) carriage of goods by

      road

82/177 Statistical surveys - yes
(1.3.85) sheep and goat stocks

```

```
yes yes yes yes yes yes A/210/88 yes yes yes yes

                                   n.p.a.

                                   r.o.

```

```
yes yes yes yes yes yes A/74/82
                                    n.p.i.
                                   Judgment
                                   11.7.85

                                   Case

                                   101/84

                                   A/216/88

                                   n.p.i.

                                   Case

                                   266/89

```

```
yes yes yes yes

```

```
                                            - 169 
Directive Subject DK UK EL IRL NL

Internal market and industriel affairs

```

```
62/2645 Colouring matters yes
(26.10.63)

63/261 Freedom of establish- yes
(3.10.63) ment in agriculture       paid workers

63/262 Freedom of establish- yes
(3.10.63) ment In agriculture       abandoned holdings

63/607 Freedom of establish- yes
(15.4.64) ment - film industry

64/427 Self-employed yes
(3.1.65) persons in process      ing industries

64/429 Freedom of establish- yes
(3.1.65) ment - self-employed
      persons in processing

      industries

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

```

```
yes yes A/499/90 yes
           n.m.n.

           169 letter

```

```
yes A/612/90 yes
      n.m.n.

      169 letter

```

```
yes yes yes

yes yes yes yes

yes yes yes yes

```

```
yes yes yes yes yes A/15/90 yes
                             n.m.n.

                             169 letter

yes yes yes yes yes A/16/90 yes
                             n.m.n.

                             169 letter

```

```
64/54 Preservatives

(1.1.81)

```

```
yes yes yes yes yes yes yes A278/84 yes

                                          n.p.a.

                                          r.o.

```

```
yes yes A/3/90 yes
            n.m.n.

             169 letter

```

```
65/1 Freedom to provide yes
(15.6.65) services       agriculture

```

```
yes yes A/520/90 yes
           n.m.n.

           169 letter

```

```
yes yes yes

yes yes yes

```

```
                                             170 
Directive Subject DK UK EL IRL NL

```

```
65/264 Freedom of establish- yes
(14.11.65) ment - film industry

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
65/569 Preservatives

(31.12.66)

65/65 Proprietary
(4.8.66) medicinal
      products

66/722 Preservatives

(30.6.67)

67/427 Preservatives

(1.3.68)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/796/90
                                                                 n.m.n.

                                                                  169 letter

```

```
67/530 Freedom of establish- yes
(26.1.68) ment - farmers

```

```
yes yes yes yes yes yes yes yes yes

```

```
67/531 Agricultural
(26.1.68) leases

67/532 Cooperatives
(26.1.68)

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

```

```
67/653 Colouring matters yes
(1.1.68)

67/654 Freedom of establish- yes
(24.6.68) ment - forestry

```

```
yes yes A/521/90 yes

           n.m.n.

           169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
      A/4/90
yes
      n.m.n.

      169 letter

```

```
yes yes yes yes yes

```

```
                                            - 171 
Directive Subject DK UK EL IRL NL

```

```
69/192 Freedom of access to yes
(11.10.68) credit for farmers

68/365 Freedom of establish- yes
(17.4.69) ment - food

      industries

```

```
yes yes yes yes yes yes yes yes yes

```

```
yes yes A/522/90 yes
           n.m.n.

           169 letter

```

```
68/366 Food industries

(17.4.69)

```

```
yes yes yes A/523/90 yes
                  n.m.n.

                  169 letter

```

```
yes A/17/90 yes
      n.m.n.

      169 letter

yes A/18/90 yes
      n.p.i.
      169 letter

yes A/23/90 yes
      n.p.i.
      169 letter

```

```
yes yes yes yes

yes yes yes yes

yes yes yes yes

```

```
68/367 Freedom of establish- yes
(17.4.69) ment - personal

      services

68/369 Personal services yes
(17.4.69)

68/415 Freedom of access to yes
(20.6.69) aid for farmers

69/77 Activities of self- yes
(5.3.69) employed in process      ing industries

69/82 Activities of self- yes
(14.9.69) employed in explor
      ation

70/451 Freedom of establish- yes
(2.4.71) ment in film pro
      duction

```

```
yes yes A/524/90 yes
           n.m.n.

           169 letter

```

```
yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes

```

```
yes yes A/525/90 yes
           n.m.n.

           169 letter

```

```
yes A/21/90 yes
      n.m.n.

      169 letter

```

```
yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes

```

```
                                            - 172 
Directive Subject DK UK EL IRL NL

```

```
      A/5/90
yes
      n.p.a.
      169 letter

```

```
71/18 Freedom of establish- yes
(18.6.71) ment - agriculture

      and horticulture

```

```
yes yes A/526/90 yes
           n.m.n.

           169 letter

```

```
yes yes yes yes yes

```

```
71/160 Preservatives

(1.10.71)

71/305 Public works

(29.7.72) contracts

71/319 Meters for liquids
(29.1.73) other than water

71/320 Motor vehicles

(30.1.73)

71/347 Measuring of grain
(15.4.73)

71/348 Meters for liquids
(15.4.73) other than water

```

```
yes yes yes yes yes yes yes yes yes yes yes A/810/90
                                                                  n.m.n.

                                                                   169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/811/90
                                                                  n.m.n.

                                                                   169 letter

yes yes yes yes yes yes yes yes yes yes yes A/812/90

                                                                  n.m.n.

                                                                   169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/403/90 A/195/90 A/316/89 A/562/89 yes yes

n.p.a. n.p.a. n.p.a. n.p.a.

r.o. r.o. Case r.o.

             243/89

```

```
A110/88 A/332/88 yes
n.p.i. n.p.a

Case r.o.

299/89
      A/596/88
A/201/90 n.p.a.
n.p.i. Case
169 letter 194/88

(Art.171)
      A/163/88

      n.p.a.

      r.o.

```

```
yes A/406/87 A/91/89
      n.p.a n.p.a.

      r.o. r.o.

      A/418/89

      r.o.

```

```
                                            - 173 
Directive Subject DK UK EL IRL NL

```

```
71/349 Calibration of tanks yes
(15.4.73) of vessels

```

```
yes yes yes yes yes yes yes yes yes yes A/813/90

                                                           n.m.n.

                                                           169 letter

```

```
72/277 Public works

(1.1.81) contracts

73/23 Low voltage
(21.8.74) equipment

73/148 Movement and

(23.11.73) residence

```

```
yes yes yes yes yes yes A/110/88 yes
                                   n.p.i.

                                   Case

                                   299/89

```

```
A/145/86

n.p.a.

r.o.

```

```
yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes A/382/87 yes
                   n.p.a.
                   Case 68/89

```

```
A/419/90 yes

n.p.a.
169 letter

```

```
A/405/88 A/419/89 yes yes

```

```
n.p.a.

r.o.

```

```
n.p.a.

r.o.

```

```
73/241 Cocoa and chocolate yes
(21.7.74)

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
73/350 Motor vehicles

(1.1.81)

73/361 Marking of wire(1.1.81) ropes and chains

```

```
yes yes yes A/501/90 yes

                  n.m.n.

                  169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/14/90

                                    n.m.n.

                                     169 letter

```

```
73/405 Anionic surfactants yes
(27.5.75)

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
73/437 Sugars
(13.12.75)

74/394 Preservatives

(1.1.74)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                           - 174 
Directive Subject DK UK EL IRL NL

```

```
74/409 Honey
(23.7.76)

75/34 Right to remain
(18.12.75)

75/35 Movement and
(18.12.75) residence

```

```
yes yes yes A/488/90 yes

                  n.m.n.

                  169

                  letter

```

```
yes yes yes yes yes yes yes

```

```
A/373/86 yes yes yes yes yes yes yes yes yes yes yes

n.p.a.

ro
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
75/106 Prepackaged liquids yes
(31.12.79)

75/107 Bottles used as yes
(20.6.76) measuring containers

75/155 Cocoa and chocolate yes
(1.7.75)

75/318 Proprietary medicinal yes
(22.11.76) products

75/319 Proprietary medicinal
1.1.91 products
(22.11.76)

```

```
yes yes yes yes yes yes yes yes yes yes A/815/90

                                                          n.m.n.

                                                           169 letter

yes yes yes yes yes yes yes yes yes yes A/816/90
                                                          n.m.n.

                                                           169 letter

yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes

                                                     yes

```

```
1.1.91

yes

```

```
yes yes yes yes yes yes yes yes yes yes 1.1.91
                                                           yes

```

```
75/324 Aerosols

(1.1.81)

75/362 Doctors

(20.12.76)

```

```
yes yes yes yes yes yes yes yes yes yes yes A/817/90
                                                                 n.m.n.

                                                                  169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                           - 175 
Directive Subject DK UK EL IRL NL

```

```
75/363 Doctors

(20.12.76)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
75/368 Freedom of establish- yes
(18.6.76) ment - various

      activities

```

```
yes yes A/528/90 yes

           n.m.n.

           169 letter

```

```
yes yes yes yes yes yes yes

```

```
75/726 Fruit juices
(19.11.76)

76/116 Fertilizers

(19.12.77)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
76/117 Electrical equipment yes
(8.8.80)

76/211 Packaged products yes
(31.12.79)

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes A/820/90

                                                          n.m.n.

                                                          169 letter

```

```
76/399 Colouring matters
(8.8.80)

76/434 Marking of wire      ropes and chains

```

```
yes yes yes A/502/90 yes

                  n.m.n.

                  169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/821/90

                                    n.m.n.

                                    169 letter

```

```
76/462 Preservatives yes
(31.12.78)

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
76/463 Preservatives

(5.5.78)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
76/628 Cocoa and chocolate yes
(29.7.83)

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
                                            - 176 
Directive Subject DK UK EL IRL NL

```

```
76/756 Motor vehicles

(1.10.77)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
76/765 Alcoholometers and yes
(2.8.78) alcohol hydrometers

```

```
yes yes yes yes yes yes yes yes yes yes A/822/90

                                                           n.m.n.

                                                           169 letter

```

```
76/766 Alcohol tables

(2.8.78)

```

```
yes yes yes yes yes yes yes yes yes yes yes A/823/90

                                                                 n.m.n.

                                                                  169 letter

```

```
76/767 Pressure vessels yes
(1.1.81)

```

```
yes yes yes yes yes yes yes yes yes yes A/824/90
                                                           n.m.n.

                                                           169 letter

```

```
76/891 Electrical energy
(1.1.81) meters

77/62 Pub Ii c suppI y
(22.6.78) contracts

77/212 Motor vehicles

(11.1.81)

77/249 Lawyers
(24.3.79)

```

```
yes yes yes yes A450/84 yes
                        n.p. i

                        Case

                        294/89

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/80/90 yes A/185/90 yes yes yes A/382/84 A/466/85 A/662/90 yes

n.p.a. n.p.a. n.p.a. n.p.a. n.p.a.
169 letter Case Judgment r.o.
                                   84/86 5.12.89
                                          Case 3/88
                                   A/348/90 A/28/89

                                   n.p.a. n.p.a.
                                    r.o. Case 362/90

```

```
A/818/89 A/422/87

n.p.a. n.p.a.

r.o. Case

      247/89

      A/132/90

      n.p.a.

      r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes

```

```
                                              - 177 
Directive Subject DK UK EL IRL NL

```

```
77/313 Measuring systems

(6.10.78) for liquids

77/452 Nurses

(29.6.79)

77/453 Nurses

(29.6.79)

77/535 Analysis of

(19.12.77) fertilizers

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
77/536 Tractors yes yes yes yes yes yes yes yes yes yes yes yes

```

```
78/25 Colouring matters for yes

(15.6.79) medicinal products

78/142 Materials intended yes

(26.11.79) to come into

      contact with foodstuffs

```

```
yes yes A/489/90 yes

            n.m.n.

            169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes

```

```
78/143 Antioxidants

(1.2.79)

78/144 Colouring

(1.2.79) matters

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
78/420 Proprietary yes

(3.5.78) medicinal products

78/609 Cocoa and chocolate yes

(5.7.81)

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
78/612 Foodstuffs

(5.7.80)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                            - 178 
Directive Subject B D DK E F UK EL I IRL L NL P

78/663 Foodstuffs yes yes yes yes yes yes yes yes yes yes yes yes
(31.1.80)

78/664 Antioxidants yes yes yes yes yes yes yes yes yes yes yes yes
(31.1.80)

78/669 Public works yes yes yes yes yes yes A/110/88 yes yes yes yes yes
(2.2.79) contracts n.p.i.
                                                      Case 299/89

78/686 Dentists yes yes yes A/411/90 yes yes yes yes yes yes yes yes
(28.1.80) n.m.n.

                                     169 letter

78/891 Prepackaging yes yes yes yes yes yes yes yes yes yes yes
(1.1.80)

78/1015 Motor yes yes yes yes yes yes yes yes yes yes yes yes
(1.1.81) vehicles

78/1026 Veterinary yes yes yes yes yes yes yes yes yes yes yes yes
(21.12.80) surgeons

78/1027 Veterinary yes yes yes yes yes yes yes yes yes yes yes yes
(21.12.80) surgeons

78/1031 Weight grading yes yes yes yes yes yes yes yes yes yes yes A/829/90
(7.6.80) machines n.m.n.

                                                                                    169 letter

79/138 Analysis of yes yes yes yes yes yes yes yes yes yes yes yes
(1.4.79) fertilizers

```

```
                                        - 179 
Directive Subject DK UK EL IRL NL

```

```
79/168 Fruit juices
(1.7.80)

79/196 Electrical

(8.8.80) equipment

79/830 Hot-water

(1.1.82) meters

79/1005 Prepackaged
(1.1.81) liquids

80/154 Midwives

(23.1.83)

```

```
yes yes yes A/530/90 yes
                  n.m.n.

                  169

                  letter

```

```
yes yes yes A/490/90 yes
                  n.m.n.

                  169 letter

```

```
yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/832/90
                                                                 n.m.n.

                                                                  169 letter

```

```
yes yes yes yes yes yes yes

yes yes yes yes yes yes yes

```

```
80/155 Midwives yes yes yes A/225/90 yes
(23.1.83) n.p. i

                                    Case

                                    313/89

```

**`80/232`** **`Prepackaged`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **yes** **A/833/90**
**`(15.1.82) products`** **n.m.n.**
**169 letter**

**80/597** **Foodstuffs** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`** **`yes`**
**(1.6.82)**

```
80/720 Tractors yes yes yes yes yes yes yes yes yes yes yes yes
(27.12.81)

```

```
                                             - 180 
Directive Subject DK UK EL IRL NL

```

```
80/766 Articles intended to yes

(11.1.82) come into contact

      with foodstuffs

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
80/767 Public supply

(1.1.81) contracts

80/777 Mineral

(17.7.84) waters

80/781 Dangerous

(1.1.84) preparations

80/876 Straight

(16.1.82) fertilizers

```

```
yes yes yes yes yes yes yes yes yes yes yes A/283/90

                                                                    n.m.n.

                                                                     169 letter

yes yes yes yes yes yes yes yes yes yes yes A/797/90

                                                                    n.m.n.

                                                                     169 letter

yes yes yes yes yes yes yes yes yes yes yes A/881/90

                                                                    n.m.n.

                                                                     169 letter

```

```
yes yes yes yes yes yes A/214/90 yes

                                     n.m.n.

                                     169 letter

```

```
yes yes yes yes

```

```
80/891 Erucic acid content yes

(1.2.82) in oils and fats

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
80/1273 Midwives

(23.1.83)

```

```
yes yes yes A/531/90 yes

                   n.m.n.

                   169 letter

```

```
yes yes yes yes yes yes yes

```

```
81/20 Colouring matters yes

(1.7.81) for use in foodstuffs

81/214 Preservatives for yes

(1.7.81) use in foodstuffs

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 181 
Directive Subject DK UK EL IRL NL

```

```
81/432 Foodstuffs

(1.1.82)

81/464 Colouring matters

(1.1.81) added to medicinal

      products

81/487 Fruit juice

(1.7.83/

1.7.84)

81/712 Additives in

(20.2.83) foodstuffs 
      criteria of purity

81/851 Veterinary
(9.10.83) medicinal products

81/852 Veterinary

(9.10.83) medicinal products

```

```
yes yes yes yes yes yes yes yes yes yes yes A/798/90

                                                                    n.m.n.

                                                                     169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
81/916 Paints, varnishes, yes

(1.7.83) inks and adhesives

```

```
yes yes yes yes yes yes yes yes yes yes A/883/90

                                                             n.m.n.

                                                              169 letter

```

```
81/962 Antioxidants

(1.12.82)

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
81/1057 Doctors, nurses, yes

(30.6.82) dentists and

      veterinary surgeons

```

```
yes yes A/532/90 yes

            n.m.n.

            169 letter

```

```
yes yes yes yes yes yes yes

```

```
                                           - 182 
Directive Subject DK UK EL IRL NL

```

```
82/76 Doctors

(31.12.82)

82/242 Biodegradability
(8.10.83) of surfactants

82/243 Biodegradability
(8.10.83) of surfactants

```

```
yes yes yes yes yes yes A/6/84 yes yes yes yes
                                          n.p.i.
                                          Judgment
                                         7.7.87

                                          Case 49/86

                                         A/88/112

                                          n.p.i.

                                          Case

                                          236/89

```

```
yes yes yes yes yes yes yes 4/379/84
                                         n.m.n.

                                         Judgment
                                         2.3.88

                                         Case

                                         309/86

```

```
yes yes yes yes yes yes yes A/378/84

                                         n.m.n.

                                         Judgment

                                         2.3.88

                                         Case

                                         309/86

```

```
yes yes yes yes

```

```
A/202/89

n.m.n.

r.o.

(Art. 171)

```

```
yes yes yes yes

```

```
A/203/89

n.m.n.

r.o.

(Art. 171)

```

```
                                           - 183 
Directive Subject DK UK EL IRL NL

```

```
yes yes yes yes yes yes A/126/85 yes

                                   n.m.n.

                                   Judgment

                                   12.7.88

                                   Case

                                   310/86

                                   A/362/89

                                   n.m.n.

                                   r.o.

                                   (Art. 171)

```

```
82/470 Services

(2.1.84) incidental to

      transport

83/473 Solvents
(1.1.84)

92/489 Hairdressers
(23.1.84)

82/499 Radio
(1.12.84) interference

82/504 Foodstuffs
(1.1.84)

82/621 Electrical
(1.1.83) energy meters

```

```
A/123/85

n.p.i.
Judgment
21.6.88

Case

283/86

A/355/89

n.p.i.
169 letter

(Art. 171)

```

```
yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes A/884/90
                                                                  n.m.n.

                                                                  169 letter

```

```
                  A/533/90
yes yes yes
                  n.m.n.

                  169 letter

```

```
yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes A/834/90
                                                                  n.m.n.

                                                                  169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
82/624 Alcoholometers and yes
(1.5.83) alcohol hydrometers

82/625 Measuring systems yes
(1.5.83) for liquids other

      than water

```

```
yes yes yes yes yes yes yes yes yes yes A/836/90
                                                           n.m.n.

                                                       169 letter

yes yes yes yes yes yes yes yes yes yes A/837/90
                                                           n.m.n.

                                                           169 letter

```

```
                                              184 
Directive Subject DK UK EL IRL NL

```

```
82/711 Articles in contact yes

      with foodstuffs

```

```
yes yes yes yes yes yes yes yes yes yes A/799/90

                                                             n.m.n.

                                                              169 letter

```

```
82/712 Antioxidants

(30.6.84)

82/806 Dangerous

(25.11.83) substances

82/890 Tractors

(21.6.84)

82/953 Tractors

(30.9.83)

83/128 Clinical

(1.1.86) thermometers

83/189 Technical

(31.3.84) standards

83/190 Tractors

(30.9.83/

1.10.83)

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/276/87 A/431/88 yes

n.p.a. n.p.a

169 letter 169 letter

A/407/88

n.p.a.

169 letter

```

```
yes yes yes yes yes yes A/420/88 A/80/89 A/418/88

                                      n.p.a. n.p.a. n.p.a.

                                      r.o. r.o. r.o.

```

```
n.p.a.

r.o.

```

```
n.p.a.

r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
83/229 Materials and yes

(1.1.86) articles in contact

      with foodstuffs

```

```
yes yes yes yes yes yes yes yes yes yes A/800/90

                                                             n.m.n.

                                                              169 letter

```

```
                                             - 185 
Directive Subject DK UK EL IRL NL

```

```
83/265 Paint, varnishes, yes

(19.5.84) inks and adhesives

```

```
yes yes yes yes yes yes yes yes yes yes A/885/90

                                                             n.m.n.

                                                             169 letter

```

```
83/417 Lactoproteins

(1.8.85)

83/463 Labelling of

(1.7.84) foodstuffs

83/478 Dangerous

(21.3.86) substances

83/570 Proprietary

(31.10.85) medicinal products

83/575 Measuring

(31.12.84) instruments

83/635 Preserved

(1.1.86/ milk

1.1.87)

84/47 Electrical

(1.1.85) equipment

84/291 Pesticides

(30.4.85)

84/372 Sound level of

(1.10.84) motor vehicles

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes A/596/90 yes

                                    n.m.n.

                                     169 letter

```

```
yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/840/90
                                                                    n.m.n.

                                                                    169 letter

```

```
yes yes yes A/517/90 yes yes
                  n.m.n.

                   169 letter

```

```
yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 186 
Directive Subject DK UK EL IRL NL

```

```
84/414 Thermometers

(1.1.86)

84/500 Ceramic articles

(17.10.87) in contact with

      foodstuffs

84/525 Seamless steel

(23.3.86) gas cylinders

84/526 Aluminium

(23.3.86) gas cylinders

```

```
yes yes yes yes yes yes yes yes yes yes yes A/841/90

                                                                    n.m.n.

                                                                     169 letter

yes yes yes yes yes yes yes yes yes yes yes A/842/90

                                                                    n.m.n.

                                                                     169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/460/88

n.m.n.

Case

307/90

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
84/527 Welded una Iloyed yes

(23.3.86) steel gas cylinders

84/528 Lifting and mechan- yes

(26.9.86) ical handling

      appliances

```

```
yes yes yes yes yes yes yes yes yes yes A/843/90

                                                             n.m.n.

                                                              169 letter

yes yes yes yes yes yes yes yes yes yes A/844/90

                                                             n.m.n.

                                                              169 letter

```

```
84/529 Lifts

(26.9.86)

84/532 Construction plant

(26.3.86) and equipment

```

```
yes yes yes yes yes yes yes yes yes yes yes A/845/90

                                                                    n.m.n.

                                                                     169 letter

yes yes yes yes yes yes yes yes yes yes yes A/846/90

                                                                    n.m.n.

                                                                     169 letter

```

```
                                             - 187 
Directive Subject DK UK EL IRL NL

```

```
84/539 Electro-medical

(26.9.86) equipment used

       in medicine

85/1 Units of

(1.7.85) measurements

85/10 Prepackaged

(20.12.85) liquids

85/146 Measures of length

(1.1.86)

85/205 Motor vehicles

(1.10.85)

```

```
yes yes yes A/503/90 yes yes yes yes yes yes A/41/87 A/847/90

                   n.m.n. n.m.n. n.m.n.

                   169 letter Case 169 letter

                                                               310/89

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/847/90

                                                                     n.m.n.

                                                                     169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
       A/151/89 yes

       n.m.n.

       169 letter

yes yes yes

yes yes yes

```

```
yes yes A/150/89

             n.m.n.

             169 letter

```

```
A/146/89 yes

n.m.n.

169 letter

```

```
85/374 Defective products A/145/89

(30.7.88) n.m.n.

```

```
A/148/89 yes

n.m.n.

169 letter

```

```
yes yes yes yes A/387/88 A/507/88 yes

                        n.m.n. n.m.n.

                        Case Case

                        309/90 296/90

```

```
85/384 Architects

(5.8.87)

85/432 Pharmacists

(1.10.87)

```

```
A/506/88 yes

n.m.n.

r.o.

```

```
yes yes yes A/534/90 yes

                   n.m.n.

                   169 letter

```

```
yes yes A/253/88 yes

             n.m.n.

             Case

             152/90

```

```
                                             - 188

Directive Subject DK UK EL IRL NL

```

```
A/259/88 yes

n.m.n.

Case 168/90

```

```
85/433

(1.10.87)

85/467

(30.6.86)

85/503

(1.5.87)

```

```
yes yes A/258/88

             n.m.n.

             Case 152/90

```

```
Pharmacists A/255/88 yes

             n.m.n.

             Case 167/90

```

```
yes A/535/90 yes

      n.m.n.

      169 letter

```

```
yes

```

```
Dangerous substances yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Caseins and

caseinates

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
85/573 Coffee and chicory yes

(1.1.87) extracts

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
85/584

(1.10.87)

85/585

(1.12.86)

```

```
Pharmacists A/260/88 yes

             n.m.n.

             Case 147/90

```

```
yes yes yes yes yes A/263/88 yes

                              n.m.n.

                              Case 152/90

```

```
A/264/88 yes

n.m.n.

r.o.

```

```
yes

```

```
Preservatives yes yes yes yes yes yes yes yes yes yes yes yes

```

```
85/591 Foodstuffs intended yes

(23.12.87) for human consumption

```

```
yes yes yes yes yes yes yes yes

```

```
85/610 Dangerous substances yes yes yes yes yes yes yes yes yes yes yes yes
(31.12.87)

```

```
85/614

(5.8.87)

```

```
Architects yes yes yes yes yes yes A/388/88 A/509/88 yes

                                                 n.m.n. n.m.n.

                                                 Case Case

                                                 309/90 296/90

```

```
yes yes yes

```

```
85/647 Motor vehicles

(30.9.86)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 189 
Directive Subject DK UK EL IRL NL

```

```
86/17 Architects

(6.8.87)

86/94 Detergents

(31.12.89)

```

```
yes yes yes yes yes yes A/389/88 A/547/88 yes

                                     n.m.n. n.m.n.

                                     Case Case

                                     309/90 296/90

yes yes yes yes yes yes yes A/678/90 yes

                                           n.m.n.

                                           169 letter

```

```
yes yes

yes yes yes

```

```
86/96 Prepackaged products yes

(19.9.87)

```

```
yes yes yes yes yes yes yes yes yes yes A/849/90

                                                              n.m.n.

                                                              169 letter

```

```
86/217 Tyre pressure

(30.11.87) gauges

86/295 Construction plant

(30.5.89) (rops)

```

```
yes yes yes A/504/90 yes

                   n.m.n.

                   169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes A/618/89 A/596/89 A/851/90

       n.m.n. n.m.n. n.m.n.

       r.o. r.o. 169 letter

yes A/619/89 A/597/89 A/852/90

       n.m.n. n.m.n. n.m.n.

       r.o. r.o. 169 letter

```

```
yes A/586/89 yes

      n.m.n.

      r .o.

yes A/587/89 yes

      n.m.n.

      r .o.

```

```
86/296 Construction plant yes

(30.5.89) (fops)

```

```
yes yes A/505/90 yes

            n.m.n.

            169 letter

```

```
86/297 Tractors 
(2.1.88/ power take-offs

1.1.95)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
86/298 Tractors - yes

(2.6.88) protection structures

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
86/312 Lifts

(27.9.86)

```

```
yes yes yes yes yes yes yes yes yes yes yes A/853/90

                                                                    n.m.n.

                                                                    169 letter

```

```
                                             - 190 
Directive Subject DK UK EL IRL NL

```

```
yes yes yes yes yes yes A/801/90

                                      n.m.n.

                                      169 letter

```

```
86/388 Cellulose film in

(1.4.87) contact with

      foodstuffs

86/415 Tractors

(1/10/87)

86/424 Caseins and

(15.1.88) caseinates 
      analysis

86/457 Training in general
(1.1.88/ medical practice

1.1.90)

86/508 Paints, varnishes

(1.9.87) etc.

86/562 Motor vehicles

(31.12.86)

86/604 Preservatives used

(1.1.88) in foodstuffs

      intended for human

      consumption

86/663 Se If-prope11ed

(1.1.89) industrial trucks

```

```
yes yes yes A/493/90 yes

                   n.m.n.

                   169 letter

```

```
yes yes yes yes yes yes A/588/89 A/594/89 A/606/89 A/620/89 A/598/89 A/854/90

                                     n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

                                     r.o. r.o. r.o. r.o. r.o. 169 letter

```

```
n.m.n.

r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/14/89 yes

n.m.n.

Case 306/90

```

```
yes yes yes yes yes yes yes yes yes A/802/90

                                                       n.m.n.

                                                        169 letter

```

```
yes yes yes yes yes yes yes A/56/89 yes

                                           n.m.n.

                                           Case 292/90

```

```
yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes A/886/90

                                                                    n.m.n.

                                                                    169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
n.m.n.

r.o.

```

```
n.m.n.

r.o.

```

```
n.m.n.

r.o.

```

```
n.m.n.

169 letter

```

```
87/19 Proprietary yes

(1.7.87) medicinal products

```

```
yes yes A/515/90 yes yes

            n.m.n.

            169 letter

```

```
yes yes yes yes yes 1.1.91

                               yes

```

```
                                             - 191 
Directive Subject DK UK EL IRL NL

```

```
87/20 Veterinary yes

(1.7.87) medicinal products

```

```
yes yes yes yes yes yes A/94/88 yes

                                    n.m.n.

                                     r.o.

```

```
yes yes yes

```

```
yes yes 1.1.92 yes yes yes yes 1.1.92

                                            yes

```

```
87/21 Proprietary

(1.7.87) medicinal products

87/22 High-technology

(1.7.87) medicinal products

```

```
yes yes yes 1.1.92

                   yes

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
87/54

(7.11.87)

87/56

(1.1.88)

87/76

(1.7.88)

```

```
Legal protection

of semiconductor

topographies

Sound level of

motorcycles

Motor vehicles 
air pollut ion

```

```
yes yes yes yes yes yes A/449/89 yes

                                     n.m.n.

                                     Case 574/90

```

```
yes yes yes yes yes yes A/379/89 yes

                                     n.m.n.

                                     169 letter

```

```
yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
87/77 Gaseous pollutants yes

(1.7.88) from diesel engines

87/94 Straight fertilizers yes

(31.12.87)

87/250 Labelling of yes
(1.5.88/ alcoholic beverages

1.5.89)

```

```
yes yes yes yes yes A/380/89 yes

                              n.m.n.

                              169 letter

yes yes yes yes A/238/89 yes yes

                       n.m.n.

                       r .o.

```

```
yes yes yes yes

yes yes yes yes

yes yes yes yes

```

```
yes yes yes A/114/89 yes

                 n.m.n.

                  169 letter

```

```
yes yes yes yes yes A/803/90

                               n.m.n.

                                169 letter

```

```
                                             - 192 
Directive Subject DK UK EL IRL NL

```

```
yes yes yes A/855/90

                   n.m.n.

                   169 letter

yes yes yes A/856/90

                   n.m.n.

                   169 letter

```

```
87/308 Radio interference

(31.12.88/

31.12.89)

87/310 Suppression of

(31.12.87) radio interference

      fluorescent Iights

```

```
yes yes yes yes yes yes A/590/89 yes

                                     n.m.n.

                                     r.o.

yes yes yes yes yes yes A/591/89 yes

                                     n.m.n.

                                     r.o.

```

```
87/354 Industrial A/396/88

(31.12.87) products - n.m.n.

      indications of r.o.

      Member States

```

```
yes yes yes yes yes yes A/403/88 yes

                                    n.m.n.

                                    r.o.

```

```
yes yes A/857/90

            n.m.n.

             169 letter

yes yes yes

yes yes A/859/90

            n.m.n.

            169 letter

```

```
87/355 Measuring

(31.12.87) instruments

87/356 Prepackaged

(30.6.88) products

87/358 Motor vehicles

(1.10.88) type-approval

87/402 Tractors

(26.6.89)

87/403 Motor vehicles

(1.10.88) type-approval

87/524 Preserved

(6.4.89) mi Ik products

```

```
yes yes yes yes yes yes yes A/404/88 yes

                                           n.m.n.

                                           r.o.

yes yes yes yes yes yes yes A/193/89 yes

                                           n.m.n.

                                           r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes A/804/90

                                                                    n.m.n.

                                                                     169 letter

```

```
yes yes yes yes yes yes A/377/89 yes

                                     n.m.n.

                                     r.o.

```

```
yes yes yes yes

```

```
yes yes yes yes yes yes yes A/956/90 yes

                                           n.m.n.

                                           169 letter

```

```
yes yes yes

```

```
yes yes yes yes yes yes A/378/89 yes

                                     n.m.n.

                                     r.o.

```

```
yes yes yes yes

```

```
                                             - 193 
Directive Subject DK UK EL IRL NL

```

```
A/234/89 yes

n.m.n.

r.o.

A/53/90 yes

n.m.n.

r.o.

```

```
yes

A/884/90

n.m.n.

169 letter

yes

```

```
87/566 Fertilizers 
(31.10.88) sampling and

      analysis

88/182 Technical

(1.1.89) standards

88/183 Fluid fertilizers

(25.3.89)

88/194 Motor vehicles 
(1.10.88) braking devices

88/195 Motor vehicles

(1.4.88) engine power

88/295 Public supply

(1.1.89) contracts

88/297 Tractors 
(31.12.88) type approval

88/316 Prepackaged

(30.6.88) liquids

88/320 Good laboratory

(1.1.89) practice

```

```
yes yes yes yes A/239/89 yes

                              n.m.n.

                               r.o.

```

```
yes yes A/589/90

                  n.m.n.

                   169 letter

```

```
A/441/89 yes

n.m.n.

r.o.

```

```
yes yes yes yes yes yes yes A/372/90 yes

                                           n.m.n.

                                           169 letter

yes yes yes yes yes yes A/186/90 A/51/90 yes

                                     n.m.n. n.m.n.

                                     r.o. r.o.

```

```
yes yes yes yes yes yes A/381/89 yes

                                     n.m.n.

                                     r.o.

yes yes yes yes yes yes A/382/89 yes

                                     n.m.n.

                                     r.o.

```

```
yes yes yes yes

yes yes yes yes

```

```
yes yes yes 1.3.92 yes yes 1.3.92 A/449/89 yes

                                           n.m.n.

                                           r.o.

```

```
yes A/580/89 1.3.92

      n.m.n.

       169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes A/194/89

                                           n.m.n.

                                           r.o.

```

```
yes yes yes yes

```

```
yes yes yes yes yes

```

```
                                             - 194 
Directive Subject DK UK EL IRL NL

```

```
88/366 Motor vehicles - yes

(1.10.88) field of vision

```

```
yes yes yes yes yes A/383/89 yes

                              n.m.n.

                              r.o.

```

```
yes yes yes yes

```

```
yes A/671/90 A/638/90 A/704/90 A/711/90 yes

      n.m.n. n.m.n. n.m.n. n.m.n.

       169 letter 169 letter 169 letter 169 letter

```

```
88/388 Flavourings

(30.12.89)

88/410 Tractors

(30.9.88)

```

```
yes A/422/90 yes

       n.m.n.

       169 letter

```

```
      A/569/90
yes

      n.m.n.

      169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
88/411 Tractors - steering yes

(30.9.88) equipment

88/412 Tractors - speed yes

(30.9.88)

88/413 Tractors - roll-over yes

(30.9.88) protection

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
88/414 Tractors

(30.9.88)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
88/436 Restriction of yes

(1.10.88) pollutant emissions

      from diesel engines

```

```
yes yes yes yes yes A/389/89

                              n.m.n.

                              r.o.

```

```
yes yes yes yes yes

```

```
88/465 Tractors

(30.9.88)

88/571 Electrical

(31.12.89) equipment

```

```
yes yes yes yes yes yes yes A/670/90 A/641/90 A/711/90 yes

                                           n.m.n. n.m.n. n.m.n.

                                           169 letter 169 letter 169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/872/90

n.m.n.

169 letter

```

```
                                             - 195 
Directive Subject DK UK EL IRL NL

```

```
88/593 Jams, jellies

(1.1.89) and marmalades

89/105 Pricing of

(31.12.89) medicinal products

89/173 Tractors

(31.12.89)

89/235 Motorcycles 
(30.4.89) sound level

```

```
yes A/483/90 yes yes A/570/90 yes yes yes A/639/90 A/705/90 A/742/90 A/806/90

       _ _ n n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

       169 letter 169 letter 169 letter 169 letter 169 Ietter169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/344/90 yes

                                     n.m.n.

                                     169 letter

```

```
yes yes yes yes

```

```
89/240 Self-propelled yes

(1.1.89) industrial trucks

```

```
yes yes yes yes yes A/589/89 A/595/89 A/607/89 A/621/89 A/599/89 A/863/90

                              n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

                              r.o. r.o. r.o. r.o. r.o. 169 letter

```

```
n.m.n.

r.o.

```

```
n.m.n.

r.o.

```

```
n.m.n.

r.o.

```

```
n.m.n.

r.o.

```

```
n.m.n.

169 letter

```

```
89/277 Motor vehicles

(30.9.89)

```

```
yes yes yes yes yes yes A/312/90 yes

                                     n.m.n.

                                     169 letter

```

```
yes yes yes yes

yes yes yes yes

yes yes yes yes

```

```
89/278 Motor vehicles yes

(30.9.89)

```

```
yes yes yes yes yes A/313/90 yes

                              n.m.n.

                              169 letter

```

```
89/297 Motor vehicles

(30.10.89)

89/344 Cocoa and

(1.1.88) chocolate

```

```
yes yes yes yes yes yes A/314/90 yes

                                     n.m.n.

                                     169 letter

```

```
                                           A/673/90 A/640/90
yes yes yes

                                           n.m.n. n.m.n.

                                           169 letter 169 letter

```

```
yes yes

```

```
                                               - 196 
Directive Subject DK UK EL IRL NL

```

```
89/516 Motor vehicles

(31.12.89)

89/517 Motor vehicles

(31.12.89)

89/518 Motor vehicles

(31.12.89)

89/394 Fruit juices

(14.6.90)

89/396 Foodstuffs

(20.6.90)

89/397 Foodstuffs

(20.6.90)

89/398 Foodstuffs

(16.5.90)

89/284 Fertilizers

(17.4.89)

89/451 Packaging of

(15.10.89) paints, varnishes,

       inks and adhesives

```

```
yes yes yes yes yes yes A/607/90

                                       n.m.n.

                                       169 letter

yes yes yes yes yes yes A/608/90

                                       n.m.n.

                                       169 letter

yes yes yes yes yes yes A/609/90

                                       n.m.n.

                                       169 letter

```

```
yes yes yes yes yes

yes yes yes yes yes

yes yes yes yes yes

```

```
A/674/90

n.m.n.

169 letter

```

```
A/599/90

n.m.n.

169 letter

```

```
A/641/90

n.m.n.

169 letter

```

```
A/706/90

n.m.n.

169 letter

```

```
yes yes A/463/90

             n.m.n.

             169 letter

```

```
A/496/90

n.m.n.

169 letter

```

```
A/571/90 yes

n.m.n.

169 letter

```

```
A/743/90 yes

n.m.n.

169 letter

```

```
yes A/425/90 A/464/90 A/497/90

      n.m.n. n.m.n. n.m.n.

       169 letter 169 letter 169 letter

```

```
A/572/90 yes A/600/90 A/675/90 A/642/90 A/707/90 A/744/90 A/807/90

n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
A/440/90 A/426/90 A/465/90 A/498/90 A/573/90 yes

n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter 169 letter 169 letter

```

```
A/601/90 A/676/90 A/643/90 A/708/90 A/745/90 A/808/90

n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
A/441/90 A/427/90 yes A/500/90 A/574/90 yes A/602/90 A/677/90 A/644/90 A/709/90

n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
A/746/90 A/809/90

n.m.n. n.m.n.

169 letter 169 letter

```

```
yes yes A/468/90 A/518/90 A/575/90 A/777/99 A/610/90 A/679/90 A/647/90

             n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

             169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

yes yes yes yes yes yes yes yes A/648/90

                                                   n.m.n.

                                                   169 letter

```

```
yes yes A/891/90

             n.m.n.

             169 letter

```

```
A/717/90 yes

n.m.n.

169 letter

```

```
yes

```

```
                                             - 197 
Directive Subject B D DK E F UK EL I IRL L NL P

Competition

88/301 Telecommunications A/330/90 yes yes yes yes yes yes yes yes yes yes yes
(31.12.88) terminal equipment n.m.n.

                   169 letter

```

```
                                              - 198 
Directive Subject DK UK EL IRL NL

Financial institutions and company law

```

```
69/335

(1.1.72)

72/166

(31.12.73)

73/79

(1.1.76)

73/239

(31.1.75)

77/91

(16.12.78)

```

```
Company I aw A/404/86 yes

            n.p.a.

            r .o.

```

```
Raising of

capital

Insurance

against civi I

IiabiIity

(Green card)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes A/485/87 yes

                                             n.p.a.

                                             Case

                                             232/89

```

```
yes yes yes

```

```
Capital duty yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Taking up of

business of

direct insurance

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
77/799 Mutual

(1.1.79) assistance

78/473 Commun i ty

(2.12.79) coinsurance

```

```
yes yes yes yes yes yes A/804/90 yes

                                      n.m.n.

                                       169 letter

```

```
yes yes yes yes yes yes yes yes A/127/83
                                                    n.p.i.

                                                   Judgment

                                                   4.12.86

                                                   Case

                                                   206/84

```

```
yes yes yes yes

```

```
yes yes yes

```

```
                                              - 199 
Directive Subject DK UK EL IRL NL

```

```
78/660 Annual accounts

(31.1.82) of companies

```

```
yes yes yes yes yes yes yes A/306/82 yes yes yes yes

                                             n.m.n.

                                             Judgment

                                             20.3.86

                                             Case 17/85

                                             A/433/88

                                             n.m.n.

                                             r.o.

                                             (Art. 171)

```

```
78/855

(12.10.80)

79/279

(30.6.83)

79/1070

(1.1.81)

80/390

(30.6.83)

82/121

(30.6.83)

```

```
Mergers A/129/86

            n.m.n.

            Judgment

            11.5.89

            Case 46/88

```

```
Admission to

official

Iisting

Mutual

assistance

Listing

particulars for

admission to

official listing

Regular

information

to be pub Iished

by companies

```

```
yes yes yes A/564/90 yes

                   n.m.n.

                   169 letter

```

```
yes yes yes yes yes yes A/133/86

                                       n.m.n.

                                       Case 90/88

```

```
yes yes yes yes

```

```
A/399/90

n.m.n.

169 letter

(Art. 171)

yes yes yes A/562/90 yes

                   n.m.n.

                   169 letter

```

```
yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/804/90 yes

                                      n.m.n.

                                       169 letter

```

```
yes yes yes yes

```

```
yes yes yes A/563/90 A/338/86 yes

                   n.m.n. n.p.i.

                   169 letter r.o.

```

```
yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes

```

```
                                              - 200 
Directive Subject B DK UK EL I IRL NL

```

```
82/891 Division of

(1.1.86) public limited

       liability

       compan i es

83/349 Consolidated

(1.1.88) accounts

```

```
A/129/86 yes yes yes yes yes yes A/133/86

n.m.n. n.m.n.

Judgment Case
11.5.89 90/88

Case 46/88

A/399/90

n.m.n.

169 letter

(Art. 171)

```

```
yes yes yes yes yes yes yes A/321/89 A/322/89 yes

                                             n.m.n. n.m.n.

                                             r.o. Case

                                                   359/90

```

```
yes A/314/89

      n.m.n.

       r.o.

```

```
yes yes yes yes

```

```
yes A/172/89 yes

      n.m.n.

      Case

      349/90

```

```
84/5

(1.1.88)

84/253

(1.1.88)

```

```
Insurance

against civi

liability

Audits of

accounting

documents

```

```
yes yes yes yes yes yes A/200/89 yes

                                      n.m.n.

                                       r.o.

```

```
yes yes yes yes yes yes yes A/326/89 A/324/89 yes A/328/89 yes

                                             n.m.n. n.m.n. n.m.n.

                                             r.o. Case r.o.

                                                   359/90

```

```
yes

```

```
84/641 Tourist assistance

(30.6.87)

85/303 Indirect taxes

(1.1.86) on capital

```

```
yes yes yes yes yes yes A/177/89 A/178/89 yes A/179/89 yes

                                      n.m.n. n.m.n. n.m.n.

                                       r.o. r.o. Case

                                                          349/90

```

```
yes yes yes A/558/90 yes

                   n.m.n.

                   169 letter

```

```
yes

```

```
yes yes yes yes yes yes yes

```

```
                                             - 201 
Directive Subject DK UK EL IRL NL

```

```
85/611 Undertoklngs for A/39/90
(1.1.89) collective n.m.n.
       investments (UCITS) 169 letter

```

```
yes yes yes yes yes yes A/140/90 yes
                                     n.m.n.

                                     169 letter

```

```
yes yes yes

```

```
88/220

(1.10.89)

88/357
(30.12.89/
30.6.90)

```

```
Undertakings for

collective

Investments (UCITS)

Direct

insurance

```

```
yes yes yes yes yes yes yes yes yes

A/454/90 yes yes A/561/90 yes yes A/631/90 A/795/90 A/665/90 A/735/90 yes A/939/90

n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
                                              - 202 
Directive Subject DK UK EL IRL NL

Employment, social affairs and education

```

```
68/360 Movement and

(15.7.69) residence of

       workers

75/129 Collective

(19.2.87) redundancies

76/207 Equal treatment

(12.8.78) for men

       and women

```

```
A/373/86 yes

n.p.a.

r.o.

```

```
                          A/144/85
yes yes yes yes
                          n.p.i.

                          Judgment

                          25.10.88

                          Case

                          312/86

                         A/312/84

                          n.p.i.

                          Judgment

                          30.6.88

                          Case

                          318/86

```

```
yes yes yes yes yes yes yes yes A/382/87 yes

                                                    n.p.a.

                                                    Case 68/89

```

```
yes yes yes yes yes yes yes A/45/78

                                             n.m.n.

                                             Judgment

                                            8.6.82

                                             Case 91/81

```

```
yes yes yes yes

```

```
             A/102/83

             n.m.n.

             Judgment

             6.11.85

             Case 131/84

A/260/85 yes yes yes yes yes yes
n.p.i.

169

letter

(Art. 171)

A/131/80

n.p.i.

Judgment

8.11.83

Case

165/82

```

```
A/350/89 A/84/82

n.p.i. n.p.i.

169 Case

letter 202/89

(Art. 171)

A/445/90 A/143/85

n.p.i. n.p.i.

169 letter Case

      202/89

```

```
                                             - 203 
Directive Subject DK UK EL IRL NL

```

```
77/187

(16.2.79)

79/7
(22.12.84)

80/987

(22.10.83)

```

```
Transfers

of businesses

Equal treatment

for men and

women

Protection of

empIoyees i n
the event of

the insolvency
of the employer

```

```
                                     A/116/86
yes yes yes yes yes yes
                                     n.p.i.
                                     Judgment
                                    8.11.90

```

```
                                           A/462/87
yes yes yes yes yes yes yes
                                            n.p.i.

                                           r.o.

                                           A/24/82

                                            n.p.i.
                                           Judgment

                                           10.7.86

                                           Case

                                           235/84

```

```
yes yes yes yes

```

```
A/324/87

n.p.a.

Case

229/89

```

```
yes yes yes yes yes yes yes yes yes A/434/88 yes
                                                        n.p.a.

                                                        r.o.

```

```
A/118/85

n.p.i.
Judgment
2.2.89

```

```
yes yes yes yes

```

```
80/1107 Protection of
(4.12.83/ workers 4.12.84) chemical,
       physical and
       biological agents

```

```
                                     Case 53/88 Case 22/87

                                           A/203/90

                                           n.p.i.
                                           169 letter

                                           (Art. 171)

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                              - 204 
Directive Subject DK UK EL IRL NL

```

```
82/605

(1.1.86)

83/477

(1.1.87)

86/378

(30.7.89)

86/613

(30.6.89/

30.6.91)

88/35

(1.1.88)

```

```
Protection of

workers from

exposure to

metal Iic lead

Protection of

workers from

exposure to

asbestos

Equal treatment

for men and

women

Equal treatment

for men and

women

Electrical

equipment for

use in mines

susceptible to

firedamp

```

```
yes yes A/459/89 A/540/90 A/460/89 yes

             n.m.n. n.m.n. n.m.n.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/341/90 yes A/342/90 yes yes yes A/343/90 A/344/90 A/387/90 A/345/90

n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
      A/463/89
yes

      n.m.n.

      169

       letter

```

```
n.m.n.

169

letter

```

```
169

letter

```

```
n.m.n.

169

letter

```

```
86/188 Protection of

(4.1.90) workers from noise

```

```
yes yes A/470/90 yes

             n.m.n.

             169 letter

```

```
A/464/89 A/465/89 yes

n.m.n. n.m.n.

169 169

letter letter

A/719/90 A/753/90 yes

n.m.n. n.m.n.

169 letter 169 letter

```

```
yes yes yes A/680/90 yes

                   n.m.n.

                   169 letter

```

```
88/364

(1.1.90)

```

```
Protection of

workers from

specified agents

```

```
yes A/429/90 yes A/539/90 yes yes yes A/681/90 yes A/780/90 A/754/90 A/892/90

      n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

      169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
                                               - 205 
Directive Subject DK UK EL IRL NL

Environment, consumer protection and nuclear safety

```

```
71/307 Textile

(29.1.73/ names

1.7.73)

72/276 Analysis of

(18.1.74) textile fibres

73/44 Analysis of

(27.8.74) textile fibres

75/439 Disposal of

(18.6.77) waste oils

75/440 Surface

(18.6.77) water

```

```
A/345/87 A/372/87 yes

n.p.i. n.p.a.

Case Case

290/89 58/89

```

```
yes A/347/87 yes yes yes yes yes
      n.p.i

      r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/98/79

n.m.n.

Judgment

2.2.82

Case 70/81

A/170/84

n.m.n.

Judgment

14.1.88

Case

229/85

A/108/87

n.p.a.

Case

162/89

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
yes A/349/87
       n.p.i.

      Case

      21/90

      A/653/89

       169 letter

```

```
                                            - 206 
Directive Subject B DK UK EL I IRL NL

```

```
A/413/89

n.p.a.

r.o.

```

```
                                     A/284/87
yes yes yes yes yes yes
                                     n.p.a.
                                     Judgment

                                     14.6.90

                                     Case 48/89

```

```
                   A/331/89
yes yes yes
                   n.p.a.

                   r.o.

```

```
75/442 Waste

(18.7.77)

76/160 Bathing
(10.12.77) water

76/403 Disposal of
(9.4.78) PCBs and PCTs

```

```
A/102/78

n.m.n.

Judgment

2.2.82

Case

69/81

A/171/84

n.m.n.

Judgment
14.1.88

Case

228/85
A/109/87

n.p.a.
Judgment

13.6.90

Case

162/89
A/71/88

n.p.a.

r.o.

```

```
A/94/79

n.m.n.

Judgment
2.2.82

Case

71/81
A/172/84

n.m.n.

Judgment
24.1.88

Case

230/85

A/110/87

n.p.a.
Judgment

13.6.90

Case

162/89

```

```
A/239/88

n.p.a.

r.o.

```

```
yes A/317/89 yes A/400/90 yes yes A/315/87 A/356/87 yes

```

```
           yes yes

n.p.

r.o.

```

```
n.p.a.

r.o.

```

```
n.p.a.

r.o.

```

```
n.p.a.

r.o.

```

```
                                     A/285/87
yes yes yes yes yes yes
                                    n.p.a.
                                    Judgment
                                     14.6.90

                                    Case

                                    48/89

```

```
yes yes yes yes

```

```
                                             - 207 
Directive Subject DK UK EL IRL NL

```

```
yes yes yes yes yes yes yes yes yes yes

      yes yes yes yes

```

```
76/464
(15.3.77)

76/579

(3.6.80)

76/768

(31.12.80)

```

```
Cosmetics yes yes yes A/371/87 A/390/86 yes
                              n.p.a. n.p.i.

                              r.o. r.o.

```

```
Pollution 
dangerous

substances

in the sea

Health 
ionizing

radiation

```

```
A/289/88 yes

n.p.a.

r.o.

```

```
A/421/86 A/450/88 yes
n.p.i. n.p.i.

Case r.o.

29/90

```

```
             A/207/90
yes yes
             n.p.a.

             169 letter

```

```
                                                              A/929/90
yes yes yes yes yes yes yes yes yes yes
                                                              n.m.n.

                                                              169 letter

```

```
78/176 Waste from

(22.2.79) the titanium

       dioxide

       industry

```

```
A/135/79

n.m.n.

Judgment
2.2.82

Case 68/81

```

```
A/169/84

n.m.n.

Judgment
14.1.88

Case 227/85

(Art. 171)

A/367/90

n.m.n.

169 letter

(Art. 171)

```

```
                                              - 207a 
Directive Subject B DK UK EL IRL NL

```

```
87/102 Consumer credit A/455/90 A/437/90

                   n.m.n. n.m.n.

                   169 letter 169 letter

88/314 Indication of A/456/90 yes

       prices of non-food n.m.n.

       products 169 letter

88/315 Indication of A/457/90 yes

       prices of foodstuffs n.m.n.

       (amendment) 169 letter

```

```
yes A/567/90 yes yes A/633/90 A/699/90 A/667/90 A/737/90 A/768/90 yes

      n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

      169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
yes A/592/90 A/790/90 yes A/700/90

             n.m.n. n.m.n. n.m.n.

             169 letter 169 letter 169 letter

yes A/593/90 A/791/90 A/635/90 A/701/90

             n.m.n. n.m.n. n.m.n. n.m.n.

             169 letter 169 letter 169 letter 169 letter

```

```
88/378 Safety of toys yes yes A/483/90 yes

                                n.m.n.

                                169 letter

89/395 Label Iing of

       foodstuffs

       (amendment)

```

```
yes yes yes A/703/90 yes

                   n.m.n.

                    169 letter

      A/792/90

      n.m.n.

       169 letter

```

```
yes A/769/90 yes

       n.m.n.

       169 letter

yes A/770/90 yes

       n.m.n.

       169 letter

A/738/90 A/773/90 yes

n.m.n. n.m.n.

169 Ietter169 letter

      A/774/90

      n.m.n.

       169 letter

```

```
90/121 Cosmetics yes yes yes

```

```
90/207 Analysis of

       cosmetics

```

```
yes yes yes

```

```
                                              - 208 
Directive Subject B DK UK EL I IRL NL

```

```
78/319 Toxic and

(22.3.80) dangerous

       wastes

```

```
A/169/83 yes yes A/81/88
n.p.i. n.p.a.
Judgment Case
2.12.86 21/89

Case 239/85

A/111/87

n.p.a.

Judgment

13.6.90

Case 162/89

```

```
yes yes yes A/286/87

                   n.p.a.

                   Judgment

                   14.6.90

                   Case

                   48/89

```

```
yes yes yes yes

```

```
78/659

(20.7.80)

```

```
Qua Iity of

fresh waters

```

```
yes yes yes yes yes yes yes A/71/85 yes yes yes yes
                                             n.p.i.

                                             Judgment

                                             12.7.88

                                             Case 322/86

                                             A/211/90

                                             n.p.I.

                                             169 letter

                                             (Art. 171)

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
79/76 Analysis

(27.6.79) of fibres

79/112 Labelling of
(22.12.80/ foodstuffs

22.12.82/

22.12.84)

```

**`yes`** **`yes`** **`yes`** _**j^/idi/îS**_ **`yes`**

```
                  n.p.I.

                  169 letter

```

```
yes yes A/101/87

             n.p.a.

             Case

             177/89

             A/243/88

             n.p.a.

             Case

             32/90

```

```
yes yes yes yes

```

```
                                            - 209 
Directive Subject DK UK EL IRL NL

```

```
79/113
(21.6.80)

79/343
(3.6.80)

79/370
(1.1.80/
 1.7.80)

79/409

(6.4.81)

```

```
Construction

plant 
noise emissions

Health

protection ionizing
radiation

Dangerous

substances

Conservation of

wild birds

```

```
A/118/84

n.p.i.
Judgment
8.7.87

Case

247/85

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/119/84

n.p.i.
Judgment
17.9.87

Case

412/85

A/222/86

n.p.i.
Judgment
3.7.90

Case

288/88

A/246/87

n.p.a.

Case

57/89

A/362/87

n.p.a.

Case

57/89

A/48/89

n.p.i.

169 letter

(Art. 171)

```

```
yes A/295/88 A/121/84 A/187/87 A/283/88 A/124/84 A/309/87 yes
      n.p.a. n.p.i. n.p.a. n.p.a. n.p.i. n.p.a.
      r.o. Judgment r.o. r.o. Judgment r.o.

            27.4.88 13.10.87

            Case Case

            252/85 262/85

                               A/501/87

                              n.p.a.

                              Case

                               157/89

                              A/327/87

                              n.p.a.

                               r.o.

```

```
A/125/84 A/324/88

n.p.i. n.p.a.
Judgment r.o.

13.10.87

Case

236/85

A/400/85

n.p.i.
Judgment
15.3.90

Case

339/87

```

```
                                              - 210 
Directive Subject B DK UK EL IRL NL

```

```
79/581 Prices of

(20.6.81) foodstuffs

79/831 Dangerous
(18.9.81/ substances

18.9.83)

79/869 Analysis of

(11.10.81) surface water

79/923 Quality of

(5.11.81) shellfish

       waters

80/68 Protection of

(19.12.81) groundwater

```

```
A/306/8? yes

n.p. i

r.o.

yes A/339/87

       n.p.a.

       Case

       43/90

A/346/87 A/372/87

n.p.i. n.p.a.

Case Case

290/89 58/89

```

```
A/281/84

n.p.i.

Judgment

17.6.87

Case

1/86

A/291/88

```

```
yes A/354/88 yes

      n.p.a.

      r .o.

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
A/38/84

n.p.i.

Judgment

14.10.87

Case

278/85

```

```
yes yes yes yes yes yes yes yes yes

```

```
A/52/89

n.p.i.

169 letter

(Art. 171)

yes yes A/350/87 yes
             n.p.i.

             Case

             21/90

```

```
A/348/87 yes yes yes yes yes
n.p. i

r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes A/81/88

      n.p.a.

      Case

      21/89

```

```
A/121/86

n.p.i.

Case

131/88

```

```
A/86/86

n.p.a.

Case

360/87

```

```
yes yes yes yes

```

```
n.p.

r.o.

(Art

```

```
171)

```

```
                                              - 211 
Directive Subject B DK UK EL I IRL NL

```

```
yes yes yes

yes A/457/86 yes
      n.p.i.

      Case

       190/90

```

```
yes A/81/88 A/224/86 A/370/87

       n.p.a. n.p.i. n.p.a.

      Case Case Case

       21/89 287/88 337/89

```

```
80/778 Water for

(17.7.82) human

       consumption

80/779 Air quality

(18.7.82)

```

```
A/221/86 A/440/87

n.p.i. n.p.i.

Judgment r.o.

5.7.90

Case

42/89

A/506/87

n.p.i.

Case

42/89

```

```
yes A/119/86 yes
       n.p.i.

      Case

      361/88

```

```
yes A/363/87 yes

       n.p.a.

       r.o.

yes A/120/86 yes
      n.p.i.

       r.o.

```

```
A/387/87

n.p.a.

r.o.

```

```
yes A/14/86
      n.p.i.

      Case

      64/90

```

```
yes yes yes A/225/87 A/486/88 yes

                   n.m.n. n.p.i.

                   Case r.o.

                   246/88

```

```
A/483/88 yes

n.p.i.

r.o.

```

```
80/836

(3.12.82)

80/1335

(31.12.82)

81/75

(27.2.82)

81/957

(1.7.83)

81/1051

(14.6.82)

```

```
Analysis of

text I le fibres

Dangerous

substances

Noise emissions

of construction

plant

```

```
Health

protection

against ionizing

radiation

(Euratom)

```

```
A/481/88 yes

n.p.i.

Case

376/90

```

```
yes yes

```

```
Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
                                              - 212 
Directive Subject DK UK EL IRL NL

```

```
82/147

(31.12.82)

82/176

(25.3.84)

82/232

(1.7.83)

82/368

(31.12.83)

82/434

(31.12.83)

82/501

(8.1.84)

```

```
Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Mercury

discharges

Dangerous

substances

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Analysis of

cosmetics

Major-accident

hazards

```

```
yes A/219/87 yes

       n.p.i.

       r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes A/457/86 yes
                                             n.p.i.

                                             Case

                                             190/90

```

```
82/883 Waste from the

(9.12.84) titanium dioxide

       industry

82/884 Limit value

(9.12.84) for lead in

       the air

83/129 Seal pups

(1.10.83/

1.10.85)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
A/36/88

n.p.i.

Case

59/89

yes

```

```
yes

yes

```

```
A/510/87 A/350/88 yes

n.p.i. n.p.a.

Case 169 letter

13/90

yes yes yes

```

```
yes

yes

```

```
                                              - 213 
Directive Subject DK UK EL IRL NL

```

```
83/191 Cosmetics

(31.12.84)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
85/349 Tax reliefs - yes

(26.3.86) small consignments

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
83/206 Noise emissions

(26.4.84) of aircraft

83/341 Cosmetics

(31.12.84)

83/467 Dangerous

(1.1.85) substances

83/496 Cosmetics

(31.12.84)

83/513 Cadmium

(28.9.83) discharges

83/514 Cosmetics

(31.12.84)

83/574 Cosmetics

(31.12.84)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes A/205/88 yes
                          n.p.i.

                          r.o.

```

```
yes A/369/87 yes
      n.p. i.
      Case 70/89

      A/416/90

      n.p.i.

       169 letter

       (Art. 171)

```

```
yes yes yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
yes

yes

```

```
                                              - 214 
Directive Subject DK UK EL IRL NL

```

```
83/623

 (29.11.85)

84/156

(12.3.86)

84/360

(30.6.87)

84/415

(31.12.85)

84/449

(1.7.85)

84/450

(1.10.86)

84/466

(1.1.86)

84/467

(5.4.86)

```

```
Textile

names

Mercury

discharges

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Air pollution yes yes yes yes yes yes yes yes yes yes yes yes

Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Dangerous

substances

Misleading

advertising

Radiation

protection

Health

protection

```

```
A/481/88 yes

n.p.i.

r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
      yes yes yes yes yes yes A/54/88 yes

                                             n.m.n.

                                             Case

                                             256/89

yes yes yes yes yes yes yes A/240/90 yes

                                             n.m.n.

                                             169 letter

```

```
yes yes yes

yes yes yes

```

```
yes yes yes A/233/87 A/486/88 yes

                   n.m.n. n.p.I.

                   Case r.o.

                   246/88

```

```
A/483/88 yes

n.p. i

r.o.

```

```
yes yes

```

```
yes A/169/87 yes
       n.p.i.

       r.o.

```

```
A/129/87 yes

n.m.n.

Case

54/89

```

```
84/491

(1.4.86)

```

```
Hexachloro
cyclohexane

discharges

```

```
yes yes yes A/81/88

                   n.p.a.

                   Case

                   21/89

```

```
yes yes yes

```

```
                                              - 215 
Directive Subject DK UK EL IRL NL

```

```
84/533

(26.3.86)

84/534

(26.3.86)

84/535

(26.3.86)

84/536

(26.3.86)

```

```
Sound power level

of compressors

Sound power level

of tower cranes

Sound power level

of welding

generators

Sound power level

of power

generators

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
84/537 Sound power level yes

(26.3.86) of powered hand-held

       concrete-breakers

       and picks

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
84/538

(1.7.87)

84/631

(1.10.85)

```

```
Sound power

level of

I awnmowers

Transfrontier

shipment of

hazardous waste

```

```
yes yes yes yes yes yes A/388/90

                                      n.m.n.

                                       169 letter

```

```
A/71/88

n.p.a.

Case

2/90

```

```
A/495/90 yes yes

n.p.a.

169 letter

```

```
yes yes yes yes

```

```
A/85/88 yes

n.p.a.

r.o.

```

```
yes yes yes yes A/76/89

                                n.p.a.

                                r.o.

```

```
                                             - 216 
Directive Subject DK UK EL IRL NL

```

```
85/203
(1.1.87)

85/210

(1.1.86)

```

```
Air quaiity
standards for

nitrogen dioxide

Lead content

of petrol

```

```
yes yes yes yes A/511/87 yes
                         n.p. i.

                         Case

                         14/90

```

```
A/565/87
n.p.i.

r.o.

```

```
yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
85/337 The effects of

(1.7.88) public and
       private projects
       on the environment

```

```
yes yes yes yes yes yes A/363/89 yes

                                     n.m.n.

                                     r.o.

```

```
                   A/124/90
yes yes yes
                   n.m.n.

                   169 letter

```

```
yes yes A/337/87 A/332/87 yes yes yes yes

            n.p.a. n.p.a.

            r.o. r.o.

```

```
A/334/87 yes

n.p.a.

Case

252/89

A/157/88

n.m.n.

Case

252/89

```

```
85/339

(3.7.87)

85/391

(31.12.86)

```

```
A/338/87

n.p.a.

r.o.

```

```
Containers of

liquids for

human

consumption

```

```
A/330/87

n.p.a.

Case

330/89

```

```
Cosmeti cs
           yes yes yes yes yes yes yes yes yes yes yes yes

```

```
85/405 Noise emission

(25.3.86) of construction
       plant and
       equipment

85/406 Sound power
(36.3.86) level of

       compressors

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
                                         - 217 
Directive Subject DK UK EL IRL NL

```

```
85/407
(26.3.86)

85/408

(26.3.86)

```

```
Sound power
level of

welding
generators

Sound power

level of

power
generators

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
85/409 Sound power level yes
(26.3.86) of powered hand-held

       concrete-breakers

       and picks

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
85/411

(31.7.86)

```

```
Conservation of

wild birds

```

```
yes yes yes A/295/88 yes

                   n.p.a.

                   r.o.

```

```
yes yes yes yes yes yes A/324/88
                                      n.p.a.

                                      r.o.

```

```
85/444 Seal pups yes yes yes yes A/371/90 yes
(1.10.89) n.m.n.

                                                        r.o.

```

```
yes yes yes

```

```
85/469 Transfrontier
(1.10.85) shipment of

       hazardous waste

```

**85/490** **Cosmetics**
**(31.12.86)**

**85/577** _**ÇotiTtLkcTs**_
**(23.12.87)** _**rx££^OCLcxt^ct**_

_**CLMJO-M**_

**86/179** **CosmetIcs**

**(31.12.86)**

```
yes yes yes yes yes A/374/87 yes
```

**n . p . i .**

**r.o.**

**yes** **yes**

**yes** **yes** **yes** **yes** **yes** **yes** **yes** **yes** **yes** **yes** **yes** **yes**

**yes**

**yes**

**yes**

**yes**

**A/490/88** **yes**

**n.m.n.**

**r.o.**

**yes** **yes**

**yes**

**yes**

**yes** _**Nl^fid.**_

**yes** **yes**

_**h/S&(3o**_

_**n.m.n**_

_**AC$.**_ _**LUZcr**_

**yes**

**yes**

**yes**

**yes**

**yes**

**yes**

**yes**

**yes**

**yes**

```
                                               - 218 
Directive Subject DK UK EL IRL NL

```

```
yes yes yes yes yes A/945/90

                                 n.m.n.

                                 169 letter

```

```
86/197 Labelling of

(1.8.88) foodstuffs

```

```
yes yes yes yes A/50/89 yes
                          n.m.n.

                          r.o.

```

```
86/199

(31.12.86)

```

```
Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes

```

```
86/278 Sewage sludge A/230/90 yes yes yes yes yes yes yes yes yes A/285/90 A/934/90

(16.6.89) used in n.m.n. n.m.n. n.m.n.

       agriculture 169 letter 169 letter 169 letter

```

```
86/279

(1.1.87)

86/280

(1.1.88)

86/431

(1.7.87)

86/594

(4.12.89)

86/609

(24.11.89)

```

```
Transfrontier

shipment of

hazardous waste

Discharges of

dangerous

substances

Dangerous

substances

Household

appllances 
airborne noise

Protection

of animals

```

```
yes yes yes yes A/785/90 A/624/90 A/693/90 yes A/730/90 yes

                          n.m.n. n.m.n. n.m.n. n.m.n.

                          169 letter 169 letteF 169 letter 169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/529/88 yes

                                       n.m.n.

                                       r.o.

```

```
yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes

      yes yes yes yes yes yes yes

```

```
A/477/89 yes

n.m.n.

r.o.

```

```
yes yes yes yes A/103/90 A/63/90 yes

                          n.m.n. n.m.n.

                          169 letter 169 letter

```

```
86/662 Noise emitted

(29.12.88) by hydraulic

       excavators

```

```
A/659/89 yes

n.m.n.

r.o.

```

```
A/932/90

n.m.n.

169 letter

yes

```

```
                                               - 219 
Directive Subject DK UK EL IRL NL

```

```
87/18

(30.6.88)

87/112

(1.1.87)

87/137

(31.12.87)

87/140

(1.9.88)

87/143

(1.7.88)

87/184

(1.7.88)

```

```
yes yes yes yes yes yes yes A/935/90

                                                   n.m.n.

                                                    169 letter

```

```
Chemical

substances 
verification

Transfrontier

shipment of

hazardous waste

```

```
yes A/258/89 yes

       n.m.n.

       169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Textile

names

```

```
yes yes yes yes yes yes yes A/430/89 yes

                                             n.m.n.

                                             r.o.

```

```
A/257/89 yes

n.m.n.

169 letter

```

```
yes

```

```
Cosmetics yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/249/89 yes

n.m.n.

169 letter

```

```
Textile

names

```

```
yes yes yes yes yes yes yes A/431/89 yes

                                             n.m.n.

                                             r.o.

```

```
yes

```

```
87/216 Major-accident

(24.9.88) hazards

87/217 Environmental

(31.12.88) pollution by

       asbestos

87/219 Sulphur content

(31.12.88) of liquid fuels

```

```
yes yes yes A/423/89 yes

                   n.m.n.

                   r.o.

```

```
yes yes yes yes yes yes A/582/89 A/65/90

                                      n.m.n. n.m.n.

                                       169 169

                                       letter letter

yes yes yes yes yes yes A/340/90 yes

                                      n.m.n.

                                       169

                                       letter

```

```
yes yes yes yes yes yes yes

```

```
yes yes yes yes

yes yes yes yes

```

```
                                              220 
Directive Subject DK UK EL I IRL NL

```

```
87/252
(1.1.88)

87/357
(26.6.89)

87/405
(26.6.89)

87/416

(29.7.87)

87/432
(1.4.88/
1.10.88)

88/233

(30.9.88)

```

```
Cosmetics yes yes yes yes yes yes yes yes A/252/89 yes

                                                              n.m.n.

                                                              169 letter

```

```
yes, yes yes yes A/531/88 A/205/89 yes
                         n.m.n. n.m.n.

                         r.o. r.o.

```

```
Sound power
level of

I ownmowers

Health and

safety of

consumers

Sound power

level of

tower cranes

Lead content

of petrol

Dangerous

substances

```

```
A/431/88 yes

n.m.n,

r.o.

```

```
yes yes yes

```

**`yes`** _**NWljSO**_ **`A/484/90`** **`yes`**

_**4£3 Ittker**_ **`169`** **`letter`**

```
yes yes yes A/698/90 A/668/90 A/739/90 yes

                   n.m.n. n.m.n. n.m.n.

                   169 letter 169 letter 169 letter

```

```
yes

```

```
A/324/90 A/433/90 yes

n.m.n. n.m.n.

169 letter 169 letter

```

```
yes yes yes yes A/370/90 yes

                         n.m.n.

                         169 letter

```

```
yes yes yes

```

```
      yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes

```

```
yes yes yes yes A/583/89 A/128/90 yes

                         n.m.n. n.m.n.

                         169 letter 169 letter

```

```
88/347 Dangerous
(1.1.89/ substances
1.1.90)

88/378 Dangerous
(30.6.89) preparations

88/667 Cosmetics

(31.12.89)

```

```
A/444/89 yes

n.m.n.

169 letter

```

```
A/458/90 yes

n.m.n.

169 letter

```

```
yes yes yes

A/738/90 A/773/90 yes

n.m.n. n.m.n.

169 letter 169 letter

yes A/7T1/90 A/947/90

      n.m.n. n.m.n.

      169 letter 169 letter

```

```
yes yes A/483/90 yes

             n.m.n.

             169 letter

```

```
yes yes yes A/703/90 yes

                   n.m.n.

                   169 letter

```

```
A/636/90 A/702/90

n.m.n. n.m.n.

169 letter 169 letter

```

```
yes yes A/594/90 yes

             n.m.n.

             169 letter

```

```
                                              - 221 
Directive Subject B DK UK EL IRL NL

```

```
yes yes yes yes yes yes A/712/90 yes

                                       n.m.n.

                                       169 letter

```

```
yes A/917/90

       n.m.n.

       169 letter

```

```
89/174 Cosmetics

(31.12.89)

89/428 Titanium

(31.12.89) dioxide

       waste

88/490 Packaging of

(1.7.90) dangerous

       substances

88/609 Emissions of

(30.6.90) pollutants

```

```
A/459/90 yes

n.m.n.

169 letter

```

```
yes yes yes yes A/587/90 A/784/90 A/622/90 yes A/657/90

                          n.m.n. n.m.n. n.m.n. n.m.n.

                          169 letter 169 letter 169 letter 169 letter

```

```
yes yes yes yes A/623/90 A/692/90 yes

                                n.m.n. n.m.n.

                                169 letter 169 letter

```

```
yes A/763/90

       n.m.n.

       169 letter

```

```
yes

yes

```

```
yes A/435/90 A/476/90 A/554/90 A/588/90 A/788/90 yes A/696/90

      n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

       169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
yes yes A/765/90

             n.m.n.

             169 letter

```

```
yes A/762/90 A/931/90

      n.m.n. n.m.n.

       169 letter 169 letter

```

```
A/662/90 A/732/90

n.m.n. n.m.n.

169 letter 169 letter

```

```
88/610

(1.6.90)

89/514

(1.1.90)

```

```
Major-accident

hazards

Noise emitted by

hydraulic

excavators

```

```
yes yes A/475/90 yes yes A/787/90 A/627/90 A/695/90 A/661/90 A/731/90 yes A/933/90

             n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

             169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
yes yes yes A/552/90 yes

                   n.m.n.

                   169 letter

```

```
A/789/90 A/628/90 yes

n.m.n. n.m.n.

169 letter 169 letter

```

```
yes yes

```

```
                                             - 222 
Directive Subject DK UK EL IRL NL

Agriculture

```

```
64/432 Animal
(30.6.65) health

64/433 Fresh meat

(1.1.81)

65/277 Intra-Community
(30.6.65) trade

66/400 Beet seed

(31.12.85)

66/401 Fodder pi ont
(31.12.85) seed

66/402 Cereal seed

(31.12.85)

66/403 Seed potatoes
(13.12.85)

66/404 Forest
(31.12.85) reproductive
       material

66/600 Intro-Community
(26.6.67) trade in animals

```

```
A/484/85 yes

n.p.a.

r.o.

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
A/484/85

n.p.a.

Case

304/88

```

```
yes yes yes yes yes yes A/314/88 yes
                                     n.p.a.

                                     r.o.

```

```
yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes A/456/87 yes
                         n.p.a.

                         r.o.

yes yes yes yes A/82/88 yes
                         n.p.a.

                         r.o.

```

```
                               A/893/90
yes yes yes yes yes
                               n.m.n.

                               169 letter

yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 223 
Directive Subject B D DK E F UK EL I IRL L NL P

66/601 Intro-Community yes yes yes yes yes yes yes yes yes yes yes yes
(26.6.67) trade in meat

68/89 Classification yes yes yes yes yes yes yes yes yes yes yes yes
(31.12.85) of untreated wood

68/193 Material for the yes yes yes yes yes yes yes yes yes yes yes
(31.12.85) vegetative
       propagation of

       the vine

69/60 Cereal seed yes yes yes yes yes yes yes yes yes yes yes yes
(31.12.85)

69/61 Beet seed yes yes yes yes yes yes yes yes yes yes yes yes
(31.12.85)

69/62 Seed potatoes yes yes yes yes yes yes yes yes yes yes yes yes
(31.12.85)

69/63 Fodder plant yes yes yes yes yes yes yes yes yes yes yes A/894/90
(31.12.85) seed n.m.n.

                                                                                       169 letter

69/208 Oil plant yes yes yes yes yes yes yes yes yes yes yes yes
(31.12.85) seed

69/349 Intra-Community yes yes yes yes yes yes yes yes yes yes yes yes

(1.10.70) trade in meat *

69/464 Potato wart yes yes yes yes yes yes yes yes yes yes yes yes
(9.12.71) disease

```

```
                                            - 224 
Directive Subject DK UK EL IRL NL

```

```
69/465
(9.12.71)

70/457

(1.7.72)

70/458

(31.12.85)

70/524

(25.11.72)

71/118

(18.2.73)

71/140
(31.12.85)

71/161
(31.12.85)

71/162

(31.12.85)

71/285
(23.7.72)

```

```
Potato cyst
eel worm

Agricultural
plant
catalogue

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Vegetable seed yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Additives in

feedingstuffs

Fresh

poultrymeat

Material for

the vegetative
propagation of
the vine

Forest

reproductive

material

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/129/88 yes
                                     n.p.a.

                                     Case

                                     375/90

```

```
                   A/867/90
yes yes yes
                  n.m.n.

                   169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Seed yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Intra-Community

trade in animals

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                            - 225 
Directive Subject B D DK E F UK EL I IRL L NL P

72/159 Modernization yes yes yes yes yes yes yes A/335/88 yes yes yes yes
(19.4.73) of farms n.p.a.

                                                             Case

                                                             169/90

72/168 Vegetable yes yes yes yes yes yes yes yes yes yes yes

(31.12.85) varieties

72/169 Vine yes yes yes yes yes yes yes yes yes yes yes

(31.12.85) varieties

72/180^" Agricultural yes yes yes yes yes yes yes yes yes yes yes

(31.12.85) plant varieties

```

```
                                             - 226 
Directive Subject B D DK E F UK EL I IRL L NL P

72/274 Seed yes yes yes yes yes yes yes yes yes yes yes

(31.12.85)

72/275 Control of yes yes yes yes yes yes yes yes yes yes yes yes
(26.7.72) feedingstuffs

72/461 Intra-Community yes yes yes yes yes yes yes yes yes yes yes yes

(1.1.74) trade in meat

72/462 Importation yes yes yes yes yes yes yes yes yes yes yes yes
(1.10.73/ of animals
1.1.76/

1.1.77)

73/47 Control of yes yes yes yes yes yes yes yes yes yes yes yes
(1.1.73) feedingstuffs

73/418 Seed yes yes yes yes yes yes yes yes yes yes yes
(31.12.85)

73/438 Seed yes yes yes yes yes yes yes yes yes yes yes yes
(31.12.85)

74/13 Forest yes yes yes yes yes yes yes yes yes yes yes
(31.12.85) reproduction

       material

74/63 Undesirable yes yes yes yes yes yes yes yes yes yes yes yes
(1.1.76) substances        feedingstuffs

```

```
                                             - 227 
Directive Subject DK UK EL IRL NL

```

```
74/268

(1.1.76)

74/577

(1.7.75)

74/647

(10.12.75)

74/649

(31.12.85)

75/431

(1.1.77)

```

```
Slaughter of

anima I s

Carnation

leaf-rollers

Material for

the vegetative
propagation of

the vine

Trade in fresh

poultry meat

```

```
'Avena fatua* yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes A/976/90 yes
                   n.m.n.

                   169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/868/90

                                     n.m.n.

                                     169 letter

```

```
75/444 Seed

(31.12.85)

75/502 Seed of
(31.12.85) smooth-stalk
       meadowgras8

76/331 Beet seed

(31.12.85)

76/895 Pesticide
(26.11.78) residues - fruit
       and vegetables

77/93 Harmful organisms
(1.5.80)

```

```
yes yes yes yes yes yes yes A/323/87 yes
                                           n.p.a.
                                           Judgment
                                           18.7.90

                                           Case

                                           128/89

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes

```

```
                                              - 228 
Directive Subject DK UK EL IRL NL

```

```
77/96

(1.1.79)

77/98

(1.1.77/

1.1.78)

77/99

(1.1.81)

77/101

(1.1.81)

77/489

(1.8.78)

```

```
Straight

feedingstuffs

Protection of

animals during

international

transport

```

```
Examination for

trichinae

Veterinary

problems

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
Health problems yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes A/449/88 yes

                                n.p.a.

                                r.o.

```

```
77/504 Pure-bred breeding

(1.1.79) animals of the

       bovine species

```

```
yes A/143/86 yes

      n.p.a.

      r.o.

```

```
yes yes

```

```
77/629

(31.12.86)

78/50

(30.9.77/

30.6.78)

78/55

(31.12.90)

```

```
Seed yes yes yes yes y [e s] yes yes yes yes yes yes A/877/90

                                                                                   n.m.n.

                                                                                   169 letter

```

```
Material for the

vegetative propa
gation of the vine

Trade in fresh

poultrymeat

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/869/90

                                                                      n.m.n.

                                                                       169 letter

```

```
                                             - 229

Directive Subject B DK UK EL IRL NL

```

```
78/386 Fodder plant seed yes
(31.12.85)

```

```
yes yes yes yes yes yes yes yes yes yes A/805/90

                                                              n.m.n.

                                                               169 letter

```

```
78/387 Cereal seed

(31.12.85)

78/388 Oil plant seed
(31.12.85)

78/511 'Avena fatua*

(31.12.85)

78/692 Seed

(31.12.85)

79/109 Brucellosis

(1.4.79)

```

```
yes yes yes yes yes yes yes A/316/84 yes
                                           n.m.n.

                                           Judgment
                                           3.9.88

                                           Case

                                           116/86

                                           A/463/88

                                           n.m.n.

                                           r.o.

                                            (Art. 171)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes

```

```
79/268 Pure-bred breeding yes
(1.1.79) onimals of the
       bovine species

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
79/372
(1.1.81)

79/373

(1.1.81)

```

```
Straight
feedingstuffs

Compound
feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 230 
Directive Subject DK UK EL IRL NL

```

```
79/641 Seed

(31.12.85)

79/692 Seed

(31.12.85)

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
79/700 Pesticide residues - yes

(31.12.80) fruit and vegetables

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
79/797 Straight

(1.1.81) feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
80/213 Health problems - yes

(31.12.80) fresh meat

```

```
yes yes yes yes yes yes yes yes yes yes A/870/90

                                                              n.m.n.

                                                              169 letter

```

```
80/214 Health problems

(31.12.80) meat products

80/215 Health problems

(31.12.80) meat products

80/216 Health problems

(31.12.90) poultrymeat

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/911/90

                                                                    n.m.n.

                                                                    169 letter

```

```
80/219 Tuberculosis and yes

(31.12.80) brucellosis

```

```
                                     A/256/83
yes yes yes yes yes yes

                                     n.m.n.

                                     Judgment

                                     29.1.87

                                     Case

                                     364/85

```

```
yes yes yes yes

```

```
                                              - 231 
Directive Subject DK UK EL I IRL NL

80/219 (continued) A/453/88

                                                                n.m.n.

                                                                r.o.

                                                                 (Art. 171)

```

```
80/304

(31.12.85)

```

```
OiI plant seed yes yes yes yes yes yes yes yes yes yes yes yes

```

```
80/428 Pesticide residues - yes

(31.3.81) fruit and vegetables

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
80/502

(1.7.81)

80/509

(1.1.81)

80/510

(1.1.81)

```

```
Undesirable

products

Compound

feedingstuffs

Straight ^

feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
80/511 Compound feeding- yes

(1.1.81) stuffs in packages

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
80/665

(1.3.81)

80/695

(1.1.81)

80/754

(31.12.85)

```

```
Fodder plant seed yes yes yes yes yes yes yes yes yes yes yes A/818/90

                                                                                  n.m.n.

                                                                                   169 letter

```

```
Potato ring rot yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Compound

feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                            - 232 
Directive Subject DK UK EL IRL NL

```

```
80/879

(1.1.81)

80/1098
(1.7.81)

80/1099
(1.7.81)

80/1100
(1.7.81)

80/1102

(1.1.81)

81/36

(1.1.82)

```

```
Marking of large
packagings of
poultrymeat

Swine vesicular

disease and swine

fever

Swine vesicular

disease and

swine fever

Swine vesicular

disease and

swine fever

Enzootic bovine

leukosis

Pesticide

residues - fruit

and vegetables

```

```
yes yes yes yes yes yes yes yes yes yes yes A/912/90
                                                                    n.m.n.

                                                                    169 letter

```

```
yes yes yes yes yes yes yes A/258/83
                                           n.m.n.

                                           Judgment
                                           29.1.87

                                           Case

                                           364/85

```

```
yes yes yes yes

```

```
A/454/88

n.m.n.

r.o.

(Art. 171)

```

```
yes yes yes yes yes yes yes A/259/83
                                           n.m.n.

                                           Judgment
                                           10.3.87

                                           Case

                                           386/85

```

```
yes yes yes yes

```

```
yes yes yes A/541/90 yes
                  n.m.n.

                  169 letter

```

```
            A/456/88

            n.m.n.

            r.o.

             (Art. 171)

yes yes yes yes yes yes A/872/90
                                     n.m.n.

                                     169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                               - 233 
Directive Subject DK UK EL IRL NL

```

```
81/389

(23.8.83)

81/602

(3.11.81)

82/287

(1.1.82/

1.1.83)

82/331

(1.7.82)

```

```
Protection of

animals during

international

transport

Substances having

a hormonal or

thyrostatic effect

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Seed yes yes yes yes yes yes yes yes yes yes yes A/819/90

                                                                                   n.m.n.

                                                                                    169 letter

```

```
Propagation of

vine

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
82/400 Eradication of

       brucellosis

```

```
yes yes yes yes yes yes yes yes A/200/87 yes

                                                    n.p.a.

                                                    r.o.

```

```
yes yes

```

```
82/475 Compound feeding- yes

(1.1.85) stuffs for pet

       animals

82/528 Pesticide residues yes

(1.7.84)

82/859 Oil plant seed yes

(1.7.83)

82/894 Animal diseases yes

(31.12.90)

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes A/913/90

                                                                n.m.n.

                                                                 169 letter

```

```
82/937 Straight
(1.7.83/ feedingstuffs

(1.1.85)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                               - 234 
Directive Subject DK UK EL IRL NL

```

```
82/957 Compound

(1.1.85) feedingstuffs

83/90 Health problems 
(1.1.85) fresh meat

83/91 Fresh meat

(1.1.85)

83/131 Plant protection

(1.10.84) products

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes A/349/85 yes yes yes yes

                                             n.m.n.

                                             Judgment

                                             27.4.89

                                             Case 324/87

                                             A/958/90

                                             n.m.n.

                                             169 letter

                                             (Art. 171)

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
83/201 Percentage of meat yes

(1.1.84)

```

```
yes yes yes yes yes yes yes yes yes yes A/874/90

                                                                n.m.n.

                                                                 169 letter

```

```
84/319 Trichinae

(1.1.85)

84/378 Organisms harmful

(1.7.85) to plants

84/587 Additives in

(4.12.86/ feedingstuffs

4.12.88)

```

```
yes yes yes yes yes yes yes A/559/87

                                             n.m.n.

                                             Case

                                             263/89

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes

```

```
                                               - 235 
Directive Subject DK UK EL IRL NL

```

```
84/643 Foot-and-mouth

(31.12.84) disease

84/644 Brucellosis

(30.8.85)

84/645 Swine fever

(31.3.85)

```

```
yes yes yes yes yes yes yes A/352/85 yes

                                             n.m.n.

                                             Case

                                             329/87

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes

```

```
85/38 Fodder plant seed yes

(1.1.86)

```

```
yes yes yes yes yes yes yes yes yes yes A/901/90

                                                                n.m.n.

                                                                 169 letter

```

```
85/320 Swine fever

(1.1.86)

85/321 Swine fever

(1.1.86)

85/322 Swine fever

(1.1.86)

85/325 Fresh meat

(1.1.86)

```

```
yes yes yes yes yes yes yes A/321/86 yes

                                             n.m.n.

                                             Case

                                             349/89

yes yes yes yes yes yes yes A/323/86 yes

                                             n.m.n.

                                             Case

                                             349/89

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes A/542/90 yes

                   n.m.n.

                    169 letter

```

```
yes yes yes yes yes yes A/871/90

                                       n.m.n.

                                       169 letter

```

```
yes yes yes

yes yes yes

```

```
                                               - 236 
Directive Subject DK UK EL IRL NL

```

```
85/326 Fresh poultrymeat yes

(1.1.86)

```

```
yes yes yes yes yes yes yes yes yes yes A/878/90

                                                                n.m.n.

                                                                 169 letter

```

```
85/327 Meat products

(1.1.86)

```

```
yes yes yes yes yes yes yes yes yes yes yes A/879/90

                                                                       n.m.n.

                                                                        169 letter

```

```
85/328

(1.1.86)

```

```
Meat products yes yes yes yes yes yes yes yes yes yes yes yes

```

```
85/358 Substances having

(1.1.87) a hormonal action

85/397 Heat-treated

(1.1.89) milk

85/429 Additives in

(3.12.86) feedingstuffs

85/509 Feedingstuffs

(30.6.86)

85/511 Foot-and-mouth

(1.1.87) disease

85/520 Additives in

(3.12.86) feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes A/952/90

                                                                       n.m.n.

                                                                        169 letter

```

```
yes yes yes A/477/90 yes

                   n.m.n.

                    169 letter

```

```
yes yes yes yes yes yes A/914/90

                                       n.m.n.

                                       169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/889/90

                                                                       n.m.n.

                                                                       169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                               - 237 
Directive Subject DK UK EL IRL NL

```

```
85/574 Harmful organisms

(1.1.87)

85/586 Veterinary field

(1.1.86)

86/29 Additives in

(2.12.86) feedingstuffs

86/109 Fodder plant seed

(1.7.87)

86/155 Seed and plants

(1.3.86/

1.7.87)

86/174 Compound
(30.6.87) poultryfeed

86/267 Vine varieties

(1.1.87)

86/299 Undesirable

(31.12.87) products

86/300 Additives in

(31.12.87) feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/880/90

                                                                       n.m.n.

                                                                       169 letter

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes A/902/90

                                                                       n.m.n.

                                                                       169 letter

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes A/516/89 yes

                                             n.m.n.

                                             r .o.

```

```
yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                               - 238 
Directive Subject DK UK EL IRL NL

```

```
86/320 Cereal seed

(1.7.87)

86/354 Feedingstuffs

(3.12.88)

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
86/355 Plant protection yes

(1.7.87) products

86/362 Pesticide residues yes

(30.6.88) in and on cereals

86/363 Pesticide residues yes

(30.6.88) in and on foodstuffs

       of animal origin

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes A/434/89 yes

                                       n.m.n,

                                       r.o.

yes yes yes yes yes yes A/435/89 yes

                                       n.m.n.

                                       r.o.

```

```
yes yes yes

yes yes A/904/90

             n.m.n.

             169 letter

```

```
86/403 Additives in

(3.12.86) feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
86/469 Residues in yes

(1.4.87) animals and meat

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
86/525 Additives in

(30.11.87) feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
86/530 Products used in yes

(30.6.88) animal nutrition

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 239 
Directive Subject DK UK EL IRL NL

```

```
86/546
(1.1.87)

```

```
Harmful organisms yes yes yes yes yes yes yes yes yes yes yes yes

```

```
86/587 Health problems (30.4.87) fresh meat

```

```
yes yes yes yes yes yes yes A/151/88 yes
                                           n.m.n.

                                           Case 262/89

```

```
yes yes A/882/90
            n.m.n.

             169 letter

```

```
86/651

(1.3.87)

87/64
(1.1.88)

87/120

(1.6.88)

87/153

(31.12.87)

87/181

(1.1.88)

87/234

(30.11.87)

87/235
(30.11.87)

```

```
Compound yes yes yes yes yes yes yes yes yes yes yes yes
feedingstuffs

```

```
Harmful organisms yes yes yes yes yes yes yes yes yes yes yes yes

```

```
Health problems
fresh meat

Marketing of
vegetable seed

Additives in

animal nutrition

Plant protection
products

Straight
feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/279/89 yes

n.m.n.

r.o.

```

```
yes yes A/281/89 yes
            n.m.n.

            r.o.

```

```
yes yes yes A/284/89 yes
                  n.m.n.

                   r.o.

```

```
yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                               - 240

Directive Subject B DK UK EL I IRL NL

```

```
87/238 Undesirable products yes

(3.12.88)

87/298 Harmful organisms yes

(1.7.87)

```

```
yes yes yes yes yes yes A/268/89 yes

                                       n.m.n.

                                       r.o.

```

```
yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
87/316 Additives in

(30.11.87) feedingstuffs

87/317 Additives in

(30.11.87) feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
87/328 Pure-bred breeding yes

(1.1.89) animals - bovine

       species

```

```
yes yes yes yes yes A/508/89 yes

                                n.m.n.

                                 r.o.

```

```
A/449/88 yes

n.p.a.

r.o.

A/493/89

n.m.n.

r.o.

```

```
A/500/89 yes

n.m.n.

r.o.

```

```
90/120 A/448/90 yes yes yes yes A/781/90 A/619/90 A/689/90

                   n.m.n. n.m.n. n.m.n. n.m.n.

                   169 letter 169 letter 169 letter 169 letter

```

```
A/727/90 A/759/90 A/925/90

n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter

```

```
87/477

(1.1.88)

```

```
Plant protection

products

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
87/481 Vegetable seed yes yes yes yes yes yes yes A/685/90 A/649/90 A/725/90 A/755/90

(1.7.89) n.m.n. n.m.n. n.m.n. n.m.n.

                                                                 169 letter 169 letter 169 letter 169 letter

```

```
                                             - 241 
Directive Subject DK UK EL IRL NL

```

```
yes yes yes yes yes A/499/88 yes

                               n.m.n.

                               r.o.

```

```
87/486 Swine fever

(31.12.87)

87/489 Swine fever

(31.12.89)

87/491 Meat products

(1.1.88)

87/552 Additives in

(30.11.88) feedingstuffs

88/95 Beet seed

(1.7.88)

```

```
A/502/88 yes

n.m.n.

r.o.

```

```
yes yes yes yes A/287/89 yes

                        n.m.n.

                         r.o.

```

```
A/513/89 yes yes

n.m.n.

r.o.

```

```
yes yes yes yes A/497/89 yes

                         n.m.n.

                         r.o.

```

```
yes yes yes

yes yes yes

yes yes A/827/90

            n.m.n.

            169 letter

```

```
yes yes yes yes yes yes yes A/542/88 yes

                                           n.m.n.

                                            r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes A/290/89 yes

                   n.m.n.

                   r.o.

```

```
yes

```

```
88/146 Prohibited yes

(31.12.88) substances having a

       hormonal action

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
88/166 Protection of

(1.7.87) laying hens kept

       in battery cages

88/228 Additives in

(15.5.88) feedingstuffs

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                               - 242 
Directive Subject B DK UK EL IRL NL

```

```
A/486/89 yes yes

n.m.n.

r.o.

```

```
yes yes yes

yes yes yes

yes yes yes

yes yes yes

```

```
88/271 Harmful organisms yes

(1.1.89/

31.3.89)

```

```
yes yes yes A/483/89 yes

                   n.m.n.

                   169 letter

```

```
88/288

(1.1.89)

88/289

(1.1.89)

88/298

(1.7.88)

```

```
Pesticide residues yes yes yes yes yes yes yes A/436/89 yes

                                                         n.m.n.

                                                         r.o.

```

```
yes yes yes A/490/89 A/510/89 A/498/89 yes

```

```
yes yes yes yes yes A/499/89 yes

                                n.m.n.

                                r.o.

```

```
Trade in fresh

meat

Importation of

bovine animals

and swine

```

```
A/515/89 yes

n.m.n.

r.o.

A/516/89 yes

n.m.n.

r.o.

```

```
n.m.n.

r.o

```

```
n.m.n.

r.o.

```

```
n.m.n.

r.o.

```

```
yes A/963/90 yes A/964/90 yes yes A/965/90 A/830/90

             n.m.n. n.m.n. n.m.n. n.m.n.

             169 letter 169 letter 169 letter 169 letter

```

```
88/299 Substances having

(31.12.88) a hormonal action

       trade in animals

88/406 Enzootic bovine

(1.9.88) leukosis

```

```
yes A/962/90 yes

      n.m.n.

       169 letter

```

```
yes yes yes yes yes yes yes A/271/89 yes

                                             n.m.n.

                                             r.o.

```

```
A/487/89 yes yes

n.m.n,

r.o.

```

```
yes yes yes

yes yes yes

```

```
88/430 Harmful organisms yes

(1.1.89)

```

```
yes yes yes A/484/89 yes

                   n.m.n.

                   169 letter

```

```
89/227 Meat products A/447/90 A/430/90 yes

                   n.m.n. n.m.n.

                   169 letter 169 letter

```

```
A/544/90 A/580/90 A/780/90 A/618/90 A/687/90 A/653/90 A/726/90 A/758/90 yes

n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
                                               - 243 
Directive Subject DK UK EL IRL NL

```

```
88/483 Additives in

(30.6.89) feedingstuffs

88/485 Animal nutrition

(30.6.89)

88/572 Harmful organisms

(1.1.89)

88/616 Additives In

(30.6.89) feedingstuffs

88/658 Trade in meat

(31.12.90) products

89/186 Pesticide

(1.8.89) residues - fruit

       and vegetables

89/321 Trichinae

(1.9.89)

89/360 Testing of

(1.10.89) brucellosis

```

```
yes yes yes yes yes yes yes A/819/90 yes

                                             n.m.n.

                                             169 letter

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
A/229/90 yes

n.m.n.

169 letter

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes A/485/89 yes

                          n.m.n.

                          169 letter

```

```
A/488/89 yes

n.m.n.

r.o.

```

```
yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

            yes yes

```

```
yes yes yes

yes yes yes

yes yes A/923/90

             n.m.n.

             169 letter

```

```
A/315/90 yes

n.m.n.

169 letter

A/220/90 yes

n.m.n.

169 letter

```

```
yes yes yes yes yes A/316/90 yes

                                n.m.n.

                                169 letter

yes yes yes yes yes A/248/90 yes

                                n.m.n.

                                169 letter

```

```
                                             - 244 
```

**`Directive`** **`Subject`** **`DK`** _**UK**_ **`EL`** **`IRL`** **`NL`**

```
89/365 Plant protection
(31.12.89) products

89/100 Fodder plant seed
(1.1.90)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes A/577/90 yes A/615/90 A/682/90 A/652/90 A/722/90 A/757/90 A/907/90

                         n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

                         169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
yes yes A/908/90
             n.m.n.

             169 letter

```

```
89/439 Harmful organisms yes
(1.1.90)

```

```
yes yes yes A/578/90 A/778/90 A/616/90 A/683/90 yes

                   n.m.n. n.m.n. n.m.n. n.m.n.

                   169 letter 169 letter 169 letter 169 letter

```

```
88/407 Health problems
(1.1.90)

89/362 Hygiene
(31.12.90)

89/384 Freezing point of
(31.12.90) untreated milk

89/14 Vegetable seed
(31.12.90)

```

```
A/446/90 yes yes yes A/579/90 A/779/90 A/617/90 A/684/90 A/652/90 A/724/90 yes A/922/90

n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
yes yes yes yes yes yes yes

yes yes yes yes A/584/90 yes A/614/90 A/686/90 A/650/90 A/721/90 A/756/90 yes

                         n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

                         169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
yes yes A/924/90
             n.m.n.

             169 letter

```

```
                   A/545/90
yes yes yes
                   n.m.n.

                   169 letter

```

```
yes yes yes A/688/90 yes
                   n.m.n.

                   169 letter

```

```
                                               - 244o 
Directive Subject DK UK EL IRL NL

Transport

```

```
74/561 Admission to the

(31.12.76) occupation of road

       haulage operator

74/562 Admission to the

(31.12.76) occupation of road

       passenger transport

       operator

```

```
                                             A/85/79
yes yes yes yes yes yes yes

                                             n.m.n.

                                             Judgment

                                             10.11.81

                                             Case

                                             28/81

                                             A/175/83

                                             n.m.n.

                                             Judgment

                                            5.11.86

                                             Case

                                             160/85

```

```
yes yes yes yes yes yes A/318/85

                                       n.m.n.

                                       Judgment

                                       28.9.87

                                       Case

                                       287/87

```

```
yes yes yes yes

yes yes yes A/926/90

                    n.m.n.

                    169 letter

```

```
A/113/79

n.m.n.

Judgment

10.11.81

Case

29/81

A/176/83

n.m.n.

Judgment

5.11.86

Case

160/85

```

```
75/130 Combined road/rail yes

(1.10.75) carriage of goods

76/914 Road transport - yes

(19.12.78) training for drivers

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
                                               - 244b 
Directive Subject DK UK EL I IRL NL

```

```
77/796

(1.1.79)

79/1034

(1.1.79)

```

```
Recognition of

qua I ifications

```

```
yes yes yes yes yes yes yes A/141/80 yes yes yes yes

                                             n.m.n.

                                             Judgment

                                              11.10.83

                                             Case 273/82

                                             A/17/85

                                             n.m.n.

                                             Case 71/88

```

```
Tankers yes yes yes yes yes yes yes yes yes yes yes

```

```
80/1178 Admission to the yes

(1.1.81) occupation of road

       haulage operator

80/1179 Admission to the yes

(1.1.81) occupation of road

       passenger transport

       operator

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

```

```
80/1180

(1.1.81)

80/1263

(30.6.82)

80/1266

(1.7.81)

```

```
Goods haulage

operators

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes

```

```
Driving licence yes yes yes yes yes A/121/87 yes

                                             n.p.i.

                                             r.o.

```

```
A/123/87 A/124/87 yes

```

```
n.p.

r.o.

```

```
n.p. i

r.o.

```

```
Air accidents yes yes yes yes yes yes yes yes yes yes yes yes

```

```
82/603 Combined road/rail

(1.4.83) carriage of goods

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                               - 245 
Directive Subject B DK UK EL IRL NL

```

```
82/714

(1.1.85)

83/416

(1.10.84)

84/647

(30.6.86)

85/3

(1.7.86/

1.1.90)

85/347

(1.10.85)

```

```
Technical

requirements for

inland waterway

vessel s

Authorization of

air transport

services

Hired vehicles

for the carriage

of goods

Weights and

dimensions of

certain vehicles

Duty-free

a Ilowance for fuel

```

```
85/505 Authorization 
(1.1.87) carriage of goods

85/579 Admission to the

(1.1.86) occupation of road

       passenger transport

       operator

```

```
A/202/85 yes yes yes yes yes yes yes yes yes yes yes

n.m.n.

Judgment

24.5.88

Case 307/86

A/356/89

n.m.n.

r.o.

(Art. 171)

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
                                             - 246 
Directive Subject DK UK EL IRL NL

```

```
86/216

(30.6.86/

1.7.93)

86/360

(1.7.86/

1.1.90/

1.1.92)

86/364

(29.7.87)

```

```
Air transport

of passengers

Weights and

dimensions of

certain vehicles

Weights and

dimensions of

certain vehicles

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
86/544 Combined carriage yes

(1.7.87) of goods

```

```
yes yes yes yes yes yes yes yes yes yes yes

```

```
87/540 Access to occupation A/364/89 A/456/89 yes

(30.6.88) of carrier of goods n.m.n. n.m.n.

       by waterway Case r.o.

                  377/90

```

```
yes A/365/89 yes

      n.m.n.

      r.o.

```

```
                   A/366/89
yes yes yes

                   n.m.n.

                   r.o.

```

```
yes

```

```
87/601 Fares for scheduled yes

(31.12.87) air services

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
89/463 Interregional A/450/90 yes yes yes A/586/90 A/783/90 A/621/90 A/691/90 A/566/90 A/729/90 A/761/90 A/928/90

(1.11.89) air services n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n. n.m.n.

                   169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter 169 letter

```

```
                                             - 247 
Directive Subject DK UK EL I IRL NL

```

```
68/414 Stocks of crude

(1.1.71) oil

```

```
yes yes yes yes yes yes A/316/88 yes
                                     n.p.a.

                                     169 letter

```

```
yes yes yes yes

yes yes yes yes

```

```
72/425 Stocks of crude yes
(1.1.75) oil

75/339 Stocks of fossil yes
(1.1.78) fuel

75/404 Restriction of yes
(31.12.75) the use of
       natural gas

```

```
yes yes yes yes yes A/316/88 yes
                               n.p.a.

                               r.o.

```

```
yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes

```

```
75/405 Restriction of

(31.12.75) the use of
       petroleum products

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
76/491 Mineral-oil price A/97/89
(1.1.77) n.m.n.

                  Case

                   374/89

78/170 Heat generators yes
(1.1.81)

```

```
yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes A/480/90
                                                             n.m.n.

                                                              169 letter

```

```
82/885 Heat generators yes yes
(6.6.84)

```

```
yes yes yes yes yes yes yes yes yes A/491/90
                                                       n.m.n.

                                                        169 letter

```

```
                                            - 248 
Directive Subject B D DK E F UK EL I IRL L NL P

85/536 Crude-oil savings A/173/89 yes yes yes yes yes yes A/175/89 yes yes yes yes
(1.1.88) n.m.n. n.m.n.

                  r.o. r.o.

```

```
                                            - 249 
Directive Subject B D DK E F UK EL I IRL L NL P

Budget

77/388 Sixth VAT yes yes yes yes A/253/87 yes yes yes yes yes yes A/134/90

(1.1.78) Directive n.p.a. n.p.a.
                                           Case 30/89 169 letter

```

```
                                             - 250 
Directive Subject DK UK EL IRL NL

Customs union

and indirect taxation

Customs union

```

```
69/75 Provisions

(1.10.69) relating to free

       zones

75/349 Inward processing

(1.1.76)

77/805 Manufactured

(1.7.78) tobacco - taxes

78/453 Payment of duties

(1.1.79)

79/623 Customs debt

(1.1.82)

```

```
yes A/355/87 yes

      n.p.a.

      r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes yes yes

```

```
76/695

(1.7.82)

81/177

(1.1.83)

```

```
Release for free

circulation

Procedures for

the export of

goods

```

```
                                           A/168/83
yes yes yes yes yes yes yes

                                           n.m.n.

                                           Judgment

                                           30.4.86

                                           Case

                                           158/85

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes

```

```
A/502/87

n.m.n.

Case

208/89

(Art. 171)

```

```
                                            - 251 
Directive Subject DK UK EL I IRL NL

```

```
82/57

(1.7.82)

```

```
Release for

free circulation

```

```
yes yes yes yes yes yes yes A/183/84
                                          n.p.a.
                                          Judgment
                                          27.1.87

                                          Case

                                          275/85

```

```
yes yes yes yes

```

```
A/240/88

n.p.a.

r.o.

(Art. 171)

```

```
82/347 Procedures for the
(1.1.83) export of goods

```

```
yes yes yes yes yes yes yes A/162/83
                                          n.m.n.

                                          Judgment
                                          30.4.86

                                          Case

                                          158/85

```

```
yes yes yes yes

```

```
A/503/87

n.m.n.

Case

208/89
(Art. 171)

```

```
A/114/86

n.p.a.
Judgment
30.5.89

Case

340/87

A/366/87

n.p.a.

Case

187/89

```

```
                        A/475/86
yes yes yes yes
                        n.p.a.

                        Case

                        205/89

                        A/322/88

                        n.p.a.

                        r.o.

```

```
83/643 Inspections in A/67/89
(31.12.84/ respect of the n.p.a.
31.12.86) carriage of goods r.o.

```

```
A/281/87

n.p.a.
Judgment
28.11.89

Case

186/88

```

```
yes yes yes yes

```

```
                                            - 252 
Directive Subject DK UK EL I IRL NL

```

```
83/643

(cont'd)

85/479 Mutual assistance yes

(1.1.86)

86/489 Mutual assistance yes

(1.1.87)

```

```
                                     A/33/88

                                     n.p.a.

                                     Case

                                     209/89

                                     A/314/88

                                     n.p.a.

                                     r.o.

yes yes yes yes yes yes yes yes yes yes yes

yes yes yes yes yes yes yes yes yes yes yes

```

```
87/53 Physical

(1.1.87) inspections

       in respect of the

       carriage of goods

```

```
yes yes yes yes yes yes A/352/88 A/353/88 yes yes

```

```
yes yes

```

```
n.m.n.

r.o.

```

```
n.m.n.

Case

69/90

```

```
                                              - 253 
Directive Subject DK UK EL IRL NL

Indirect taxation

```

```
yes yes yes yes yes A/96/86

                                n.p.a.

                                Judgment

                                6.12.90

                                Case

                                367/88

                                 A/247/87

                                n.p.a.

                                Judgment

                                12.6.90

                                Case

                                158/88

```

```
69/169 Tax-free allowances yes

(1.1.70) in international

       travel

```

```
A/40/82 A/298/87

n.p.a. n.p.a.

Judgment r.o.

14.2.84

Case

325/82

A/320/85 A/328/87

n.p.a. n.p.a.

r.o. Judgment

(Art. 171) 6.12.90

      Case

      208/88

```

```
yes yes yes

```

```
72/464

(1.7.73)

77/388

(1.1.78)

```

```
n.p.a.

r.o.

```

```
Taxes on

manufactured

tobacco

```

```
yes yes yes yes A/271/85

                         n.p.a.

                         Judgment

                          13.7.88

                         Case

                          169/87

```

```
yes yes yes yes yes yes A/491/87

                                       n.p.a.

                                       r.o.

```

```
Sixth VAT Directive yes yes yes A/323/88 A/53/88

```

```
yes

```

```
A/262/81

n.p.a.

Judgment

28.6.88

Case

3/86

A/188/88

n.p.a.

Judgment

21.6.88

Case

257/85

A/209/85

n.p.a.

Judgment

```

```
yes yes A/153/83

             n.p.a.

             Judgment

             26.3.87

             Case

             235/85

             A/201/88

             n.p.a.

             r.o.

             A/337/88

             n.p.a.

             169 letter

```

```
A/202/88 A/199/88

n.p.a. n.p.a.

r.o. r.o.

      A/322/88

      n.p.a.

       r.o.

```

```
n.p.a.

r.o.

A/213/88

n.p.a.

r.o.

```

```
                                               - 254 
Directive Subject DK UK EL I IRL NL

```

```
77/388

(cont'd)

83/181 Importation of yes

(1.7.84) goods

83/182 Temporary imports yes

(1.1.84)

83/183 Permanent imports yes

(1.1.84)

```

```
                                       A/428/85

                                       n.p.a.

                                       169 letter

                                       (Art. 171)

                                       A/429/85

                                       n.p.a.

                                       169 letter

                                       (Art. 171)

                                       A/663/89

                                       n.p.a.

                                       169 letter

                                       (Art. 171)

yes yes yes yes yes yes A/422/84 yes

                                       n.m.n.

                                       Judgment

                                       24.11.87

                                       Case

                                       125/86

                                       A/446/88

                                      n.m.n.

                                       r.o.

                                       (Art. 171)

```

```
yes yes A/402/87

             n.p.a.

             Case

             31/89

```

```
       A/84/90

       n.p.a.

       169 letter

       A/134/90

       n.p.a.

       169 letter

yes yes yes

```

```
yes A/127/86 A/471/89 yes

      n.p.a. n.m.n.

      Case 169 letter

      52/90

```

```
yes yes yes yes yes yes yes

```

```
yes yes A/359/87

             n.p.a.

             Case

             88/89

```

```
A/421/84

n.m.n.

Judgment

24.11.87

Case

124/86

```

```
yes yes yes yes

```

```
                                             - 255 
Directive Subject DK UK EL I IRL NL

```

```
83/183

(cont'd)

84/386 Movable tangible

(1.1.85) property

```

```
yes yes yes yes yet yes yes A/37/86

                                           n.m.n.

                                            Judgment

                                           2.2.89

                                           Case

                                           353/87

```

```
A/86/90 A/445/88

n.p.a. n.m.n.

169 letter r.o.

      (Art. 171)

```

```
yes yes yes yes

```

```
85/346 Permanent imports yes

(1.10.85)

85/362 Temporary imports yes

(1.1.86)

```

```
                                     A/664/89

                                     n.m.n.

                                     169 letter

                                     (Art. 171)

yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes A/473/89 yes

            n.m.n.

            169 letter

```

```
yes yes yes yes yes yes yes

```

```
86/247

(1.1.87)

86/560

(1.1.88)

87/53

(1.1.87)

```

```
Twenty-first VAT

Directive

VAT - refund to

taxable persons

not established

in the Community

Inspections in

respect of the

carriage of goods

```

```
A/67/89 yes

n.p.a.

r.o.

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
yes yes yes yes yes yes yes A/443/88 yes

                                           n.m.n.

                                           r.o.

```

```
yes yes yes

```

```
yes yes yes yes yes yes yes yes yes yes

```

```
                                            - 256 
Directive Subject DK UK EL IRL NL

```

```
87/198 Exemption on

       imports in

       international

       travel (DK)

```

```
yes yes yes yes yes yes yes yes yes yes yes yes

```

```
88/331

(1.1.89)

```

```
Final importation

of goods

```

```
yes yes yes yes yes yes yes A/578/89 A/583/89 yes

                                           n.m.n. n.m.n.

                                           169 letter 169 letter

```

```
yes yes

```

```
88/663 Tax reliefs - yes

(1.7.89) small consignments

```

```
yes yes yes yes yes yes A/297/90 yes

                                     n.m.n.

                                     169 letter

```

```
yes yes yes

```

```
                                             - 257 
Directive Subject DK UK EL I IRL NL

```

```
88/664 Exemption on

(1.7.89) imports in

       international travel

```

```
yes yes yes yes yes yes yes A/215/90 yes

                                           n.m.n.

                                            169 letter

```

```
yes yes yes

```

```
yes yes yes yes yes yes yes

yes yes yes yes yes yes yes

```

```
86/631 Mutual recognition A/630/89 yes

(26.7.87) of type-approval for n.m.n.

       telecommunications 169 letter

       terminal equipment

```

```
yes A/556/90 yes

      n.m.n.

      169 letter

```

```
87/372 Frequency bands yes

(26.12.88) reserved for public

       communications

```

```
yes yes A/557/90 yes

            n.m.n.

            169 letter

```

```
                                            - 258 
Directive Subject B D DK E F UK EL I IRL L NL P

77/486 Education of the yes yes yes yes yes yes yes yes yes yes yes yes

(2.8.81/ children of

31.10.82) migrant workers

```

_**ims&Ji**_

**Annex to the eighth report**
**`to the`** **`Europe`** **`P A T H`** **`«nant`** _**nn**_
```
monitoring the application of Ccgrnnunity law

MONITOKIMG THE APPLICATION BY MEMBER STATES

     OF ENVIRONMENT DIRECTIVES

```

-259

Paragrapfts

```
I. Introduction 1-6

II. Monitoring instruments 7-13

III. Scope of monitoring 14-33

   (a) Failure to notify national
     iinplementing measures

   (b) Partial conformity of national measures

   (c) Inadequate application of national provisions
     incorporating an environment directive

IV. The situation in the Member States 34-69

   Belgium 34-36
   Denmark 37-39

   Germany 40-42
   Greece 43-45

   Spain 46-48
   France 49-51

   Ireland 52-54

   Italy 55-57
   Luxembourg 58-60
   Netherlands 61-63

   Portugal 64-66
   United Kingdom 67-69

```

```
                 -260

The situation sector by sector 70-89

```

```
Air

Chemical substances

Water

Noise

Waste

Nature

```

```
70-73

74-76

77-80

81

82-85

86-89

```

```
VI. General conclusions 90-100

Annexes

1. List of Directives covered by Annex C

2. Number of complaints and cases detected by the Commission's own
   inquiries

3. Number of proceedings initiated and in hand, by stage of proceedings;
   legal basis and sector

4. Significant Court of Justice judgments concerning the environment

```

```
                   - 261 
I. iNTRtiixn'inrNi

1. Interest in monitoring the application of Community law on the
environment has increased in recent years: in its resolution adopting the
fourth EEC environmental action programme (1987-92) [1] the Council
underlined the importance of Community law on the environment and asked the
Commission to send it and Parliament regular reports on its application so
that the environment policy could be assessed. Parliament has adopted
several resolutions on the application of immunity measures concerning the
environment. [2] Recently, the European Council in Dublin (25-26 June 1990)
underlined the importance of correct and complete implementation of
Ccimmunity measures, and requested the Commission to carry out regular
reviews of the situation and publish detailed reports on its conclusions. [3 ]

2. That is the background to this annex to the eighth report. It now
seems time to consider in greater detail problems arising in the context of
the Community environment. This initiative was taken following the
presentation early in 1990 of an initial report on the application of
Community law of the environment. [4 ]

3. The aim of this annex is to inform the Council, Parliament and the
public on the situation with regard to the application of Community law on
the environment. While the Member States are responsible for implementing
the provisions concerning the environment under Article 130r(4) of the
EEC Treaty, the Commission is required by Article 155 to "ensure that the
provisions of this Treaty and the measures taken by the institutions
pursuant thereto are applied". The Commission's task does not end with the
adoption of a legal instrument by the Council: the Commission must make

1 Resolution of 19 October 1987, QJ C 328, p.l.
2 Resolutions of 10 March 1988 (air and water), OJ C 94, pp.151 and 155;
  of 12 October 1988 (nature), OJ C 290, p.54; of 13 October 1988
  (birds), OJ C 290, p. 137; and of 16 February 1990 (general), OJ C 68,
  p.183.
3 European Council, conclusions of the Dublin meeting of 25-26 June 1990.
4 Commission information note P-5, 8.2.1990.

```

```
                   - 262 
sure that the Member States comply with their obligations under Community
legislation. They are required to adopt the legislation needed to
incorporate Community environment law into national law, notify it to the
Commission, and ensure that their internal measures are properly and fully
applied.

4. With respect to the application of Community measures on the
environment, the Commission believes that only a sustained effort over a
number of years will bring about a marked iirtprovement in the situation.
The effort devolves on all the parties concerned - Community, national,
regional and local authorities, industry and business associations, and
non-governmental organizations for the protection of the environment. The
objectives of Community environment policy set out in Article 130r of the
Treaty is to achieve appropriate protection of the environment. Oamrnunity
legislation is designed to achieve this aim and monitoring its application
seeks to achieve the Article's objectives.

5. The Court of Justice has noted that protection of the environment
is an essential goal in the general interests of the Community. [5 ]

6. The fact that environment protection is almost wholly in the hands
of the authorities distinguishes environment law from all other sectors of
tanmunity law and consequently the monitoring of its application. While
Community legislation relating to economic activity, agriculture,
competition, transport, freedom to provide services or company law has a
direct impact on large sectors of the economy in the Member States, the
environment belongs to no-one and does not have an "institutional"
protector. In the economic field, various interest groups are quick to
act, mobilize legal, political or media resources at their disposal to
ensure respect for Coiranunity legislation or combat a practice harmful to
them. On the other hand hardly anyone has the knowledge, means or
resources needed to protect a biotope, clean river water or forest. Apart
from the sporadic action of local protection groups which generally lack

5 Case 240/83 Association de Défense des brûleurs d'h-nlies "fflgéfifl [1985]
  ECR 531;
  Case 302/86 Commission v K*Lngdom of Denmark [1988] ECR 4607.

```

```
                  - 263

effective means, the authorities control activities that are potentially
damaging to the environment, authorize or refuse infrastructure projects
having an effect on the environment, or control the movement of dangerous
substances and waste. Ultimately, the authorities are responsible for the
enforcement of regulations generally originating in tanmunity regulations
and have the power to take action against the polluters. Only the
authorities collect, administer and possibly publish data on air, soil or
water pollution, the hazards threatening the environment, the evolution of
the diversity of species of flora and fauna or the state of the environment
in general. The difference between environment law and other sectors of
Community law has contributed to changes in monitoring techniques in recent
years and the importance attached to it by the Member States, the (immunity
institutions, the media and public opinion which, in all probability, will
continue to increase in the future.

```

264                   

**I I .** **ïfMT-TTIRTHr:** **Tl*OTRnMT3JTS**

```
7. Several -Instruments are available to the Commission to ensure
observance of Community environment law. The procedure under Article 169
of the EEC Treaty is used when all other means have failed.

8. In the period preceding the adoption of a directive and its entry
into force, the Commission writes to the Member States reminding them of
the directive, the time limits laid down in it and the obligation to
transpose Community law into national law. The Commission requires the
Member States to specify in detail the provisions of national law in which
each article and clause of the directive is incorporated.

About three months before expiry of the time limit laid down for
incorporation into national law of the directive, the Commission sends a
second official letter to the Member States if no communication has been
received concerning the actual incorporation into national law of ODinraunity
measures. In this letter the Commission reviews the situation and reminds
the Member States of the obligation to observe the provisions in the
directive.

9. The Commission is available for bilateral discussions with the
Member States on all technical or legal questions concerning the
incorporation of the directive into national law. It organizes
multilateral meetings with the Member States' representatives to clarify
the impact of the various provisions in a directive, inform them of
progress with regard to incorporation and remind them of the time limits
for the various directives.

10. In 1990 the Commission staff initiated "package" meetings with the
central, regional or local authorities of the Member States to discuss the
factual or legal aspects of alleged infringements, complaints or
implementation of environmental directives. Such meetings were held in
Spain (twice), Portugal, Greece (twice), Germany, Belgium, Ireland and the
Netherlands. The Commission plans to pursue and intensify this dialogue.

```

```
                   - 265 
11. The formal procedure of Article 169 of the EEC Treaty is the only
means available to the Commission to exercise control and ensure observance
of Community environment law. There are three stages in this procedure:

- letter of formal notice
- reasoned opinion
- referral to the Court of Justice.

12. Each stage requires a specific and formal decision by the
Commission. Given that in principle the Commission holds six meetings a
year on infringements, that the Member States usually have two months to
reply to a formal decision by the Commission, and that cases can take a
long time to reach the Court, two years, and generally over three years,
may elapse between the decision to open proceedings under Article 169 and
delivery of a judgment by the Court.

13. The Commission can accelerate the procedure by shortening the
period between the formal decision and its execution, and the time of reply
allowed the Member State. However, in 1990 this was used only once, in a
case where a Belgian regulation authorized an explicit derogation from
Directive 80/51/EEC on the limitations of noise emissions from subsonic
aircraft.

The Commission cannot take interim measures against a Member State. On the
other hand, when a case is being heard the Commission can ask the Court to
order interim measures pending the final decision when it is considered
that irreversible damage may be caused to the environment.

```

```
                   - 266 
14. In monitoring the application of the Community law three aspects
are checked:

(a) that the Member States have adopted and notified the national
    measures to implement the directives;
(b) that the national measures incorporate the obligations deriving
    from Community law fully and correctly;
(c) that the national implementing measures are correctly applied in
    practice.

(a) Fa-nyrft to notify rvvt-1,""«-i implementing measures

15. There is a specific provision in each directive requiring the
Member States to notify the Commission of national measures adopted to
incorporate a directive in national law. If, on entry into force of a
directive, the Commission has received no information regarding the
national implementing measures, it opens proceedings under Article 169.
Since 1990 the delegation procedure has been used.

It should be pointed out that the proceedings initiated following failure
to notify reflect a delay on the part of the Member States in implementing
new directives rather than a deliberate intent to evade their Community
obligations. In many cases, the Member States conform to the legislation
shortly after the entry into force of the directive, and decisions of the
Court tend to be rare. However, there are still too many cases where the
measures adopted are not notified to the Commission, which then has to
commence proceedings and incur costs which could have been avoided.

16. However, considerable delays may occur before the incorporation of
environmental directives. Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environment, [6] which
came into force in July 1988, was not transposed by Greece, Portugal and
Germany until 1990, at which time it had still not been transposed by
Luxembourg.

6 Directive 85/337/EEC, OJ L 175, 5.7.1985, p.40.

```

```
                  - 267 
17. In the case of Directives 89/369/EEC and 89/429/EEC on air
pollution from municipal waste incineration plants, [7] which came into force
on 1 December 1990, the Commission has not yet been notified of national
implementing measures by the Member States. It is true that Portugal,
Germany and the Netherlands adopted implementing measures (in the form of a
circular) at the end of 1990.

18. It should be noted that the Commission is not kept informed of
national measures adopted to implement international conventions on the
environment, even where the Community as such is a contracting party.

(b) Partial conformity of national measures

19. At the second stage, the Commission seeks to determine whether the
national measures fully and correctly incorporate Community measures. It
does not simply check whether each article of a directive is reflected in
the national legislation notified; the entire national structure of
primary and subordinate legislation and administrative practice is studied,
bearing in mind its specific features and mode of operation, to ensure that
all the objectives of Community law are achieved.

20. There is a particular problem when provisions of a Ctoinmunity
directive are incorporated at a level other than national (for example at
the level of the regions, lander, autonomous provinces, etc. ). Each Member
State is free to determine how best to confer its internal powers and to
implement a directive through measures adopted by regional and local
authorities. [8] The Commission has to make sure that the directive is
applied throughout the territory of the Member State. In this connection,
Belgium continued to pose a problem in 1990 since regional legislation
transmitted to the Commission is often incomplete owing to delays in one or
two regions (waste, underground water, noise).

21. On several occasions the Commission has intervened in cases where a
Community environment directive was incorporated into national law by means
of administrative circulars. In the various Member States such circulars

7 Council Directive 89/369/EEC, OJ L 163, 14.6.1989, p.32.
  Council Directive 89/429/EEC, OJ L 203, 15.7.1989, p.50.
 8 Case 96/81 Commission v The Netherlands [1982] ECR 1791.

```

```
                   - 268 
may take very different forms; this can have an impact on their scope and
legal force, and hence their conformity with Community law. In line with
consistent Court of Justice case law to the effect that a directive confers

rights or imposes obligations on individuals, the Commission believes that
an internal circular which can at any time be altered at the whim of the
national authorities would not incorporate a directive correctly. This
also applies where a circular is not published or, having been published,
may be amended by another circular which is not published, so that the
public cannot determine precisely what law is applicable.

22. The Commission welcomes the tendency in a number of Member States France, Germany, the United Kingdom - to use binding legislative
instruments in place of circulars. It hopes that the Court of Justice
judgment in Case C-131/88 Commission v Germany on the use of circulars in
the field of the environment will help to clarify matters.

23. The Commission is frequently confronted with the argument that
limit values for certain air or water pollutants should not be specified
when a directive is incorporated into national law, it being sufficient for
the authority to make sure that the limit values are observed in practice.
The Commission has always firmly held that Community limit values must be
specified in a legal instrument or regulation of general application. A
limit value fixed at Community level should be specified in national
legislation. Here again the Commission hopes that the Court of Justice
judgment in Case C-361/88 Commission v Germany will contribute to a more
consistent interpretation of the scope of environment law.

24. Some Member States have incorporated Council Directive 85/337/EEC
on the assessment of the effects of certain public and private projects on
the environment.9 However, the decision to subject projects to such
assessment is left entirely to the discretion of the Member States. The
Commission believes that the recitals and various provisions of the
Directive, in particular Article 2, make it clear that projects listed in
Annex II of Directive 85/337/EEC should also be the subject of an
environmental impact assessment, particularly when the nature, dimension or
location of the project are such as to require it. Therefore the Member
States must provide in their legislation for the possibility of the
assessment of such projects. National legislation providing solely for an
environmental impact assessment for projects in Annex I cannot therefore be
considered complete.

9 Directive 85/337/EEC, OJ L 175, 5.7.1985, p.40,

```

```
                   - 269 
25. The Commission has not yet examined the problem of penalties laid
down in national legislation incorporating Coirimunity law. However, the
Commission will consider the measures to be taken following a recent
decision by the Court of Justice, [10] in which the Court held that the
Member States are required to take measures penalizing infringements of
Community law. While the choice of penalties remains within the discretion
of the Member State they must be effective, proportionate and dissuasive,
and analogous to penalties for similar infringements of national law.

(c) Inadequate application of iy\tlpTw.l provisions incorporating an
     environment directive

26. National legislation incorporating a Community environment
directive does not automatically protect the environment; it must be
actually applied. In other words, plans or programmes must be drawn up and
executed, the established limit values monitored and the administrative
authorizations issued. National legislation could reproduce a directive
word for word yet remain a dead letter for want of enforcement.

27. Community environment directives systematically contain provisions
requiring the Member States to inform the Commission when directives are
transposed into national law and notify the full text of the national
measures. The incorporation of directives and the conformity of national
legislation with them can be monitored at the same time by studying the
texts. On the other hand, the Community directives do not require the
Member States to inform the Commission of how Community provisions on the
environment are actually applied.

28. Many directives on the environment require the Member States to
report at regular intervals on the implementation of directives [11] or on
one or other specific aspect of the implementation of a Community
provision, [12] but in the past these reports have not been systematicallY

10 Case 8/88 Commission v Greece [1989] ECR 2965.

11 A list of the directives is annexed.
12 For example, see Article 7 of Council Directive 80/779/EEC, OJ L 229,
  30.8.1980.

```

```
                   - 270 
transmitted to the Commission by all the Member States. Only a minority,
particularly Denmark and the United Kingdom, fully met their obligations.
With respect to waste, the Commission has noted omissions in its report to
Parliament in the implementation of the waste directives. [13] Here, and in
relation to Directive 79/409/EEC, the failure of several Member States to
present their reports made it impossible for the Commission to publish its
three-yearly report on the implementation of the directives. The situation
is similar with respect to air quality, [14] where Commission reports are
held up by late transmission or absence of national reports.

29. Apart from the problem of transmission, national situation reports
do not contain detailed information on the practical application of
environment provisions. They mainly contain summary descriptions of the
administrative and technical measures already in place or newly adopted.
Consequently, they provide little useful information on the practical
application of Community environment measures.

30. With respect to reports on the implementation of directives, the
Commission launched a pilot scheme in the field of waste between 1985 and
1988. It sent the Member States a detailed questionnai re on the
implementation of the four directives. Proceedings were initiated under
Article 169 of the EEC Treaty against the Member States who did not answer
the questionnaire or had not drawn up the three-yearly reports on the
implementation of the directives.

In 1990, the Commission made a proposal for a Council directive to
streamline the preparation of national reports along the following lines:

- the foiTOulation of reports on the basis of a questionnaire drawn up by
  the Commission;
- the establishment of reports by sector (air, water, waste, etc.);
- reports to be drawn up every three years. [15 ]

13 Commission report on the implementation by the Member States of the
  Community waste Directives 75/442/EEC, 75/439/EEC, 76/403/EEC
  and 78/319/EEC (SEC(89)1455 final, 27.9.1989).
14 Above-mentioned Directive 80/779/EEC; Directive 82/884/EEC, OJ L 378,
  31 December 1982, p. 15; Directive 85/203/EEC, OJ L 87, 27 March 1985,
  p.l.
15 OJ C 214, 29 August 1990, p.6.

```

```
                   - 271 
The Commission hopes that the Council will soon remedy a serious lacuna in
the application of Community environment measures by adopting this
proposal, already approved by the European Parliament and the Economic and
Social Committee.

31. Sometimes the Commission seeks to obtain information by asking the
Member State precise questions. It also commissions studies on the
application of the environment directives in the Member States, but the
number of such studies is necessarily limited. Access to information kept
by national, regional or local authorities (such as frequency and results
of monitoring, enterprises affected, content of authorizations granted or
pollution levels noted) proves extremely difficult for the contractors and
limits the value of such studies.

32. Consequently the private citizen is the Commission's main source of
information. The œmplaints system was introduced by the Commission at the
end of the 1960s to facilitate completion of the internal market. The
possibility for private individuals to lodge complaints with the Commission
promoted Community awareness of the environment. Citizens became fami 11 ar
with Community institutions, discovered that they shared responsibility for
protecting the environment and realized they could do something about it.

Complaints from individuals, non-governmental organizations, local
authorities, embassies, and even Ministers of a Member State reveal the
concern for the environment and the importance attached to Community
action.

33. In monitoring the application of Community directives the
Commission has focused on cases raised in complaints, in written or oral
questions and in petitions. These cases are generally examined
systematically. Internal instructions have been issued to this effect and
(Domplainants are given the assurance on the complaints form itself [16] that

16 OJ C 26, 1.2.1989, p.6.

```

```
                  - 272

their complaint will be examined. The Commission has no other regular
sources of information to assess the application of environment directives.
In cases where, on reception of a œraplaint or a Parliamentary question,
the Commission has discovered a problem with a broad impact it examines the
practice in all the Member States. For example, discovery of the failure
by Belgium to observe Directive 80/51/EEC on aircraft noise emissions [17 ]
prompted the Commission to seek out information from the other Member
States to determine whether aircraft landing on their territory observed
the provisions of the directive.

17 Directive 80/51, OJ L 18, 24.1.1980.

```

```
                    -273
IV. THE SITUATION IN THE MEMBER STATES

BELGIUM

34. Late transposai

Proceedings for failure to notify implementing measures mainly concern
waste disposal. Belgium has still not notified measures implementing
Directives 75/442/EEC (waste), 76/439/EEC (disposal of waste oils)
or 76/403/EEC (polychlorinated biphenyls and polychlorinated terphenyls),
despite two judgments against it by the Court of Justice. However, it must
be admitted that numerous regional rules have been adopted but not
officially notified to the Commission; Belgium did not even mention them
in the second Court case. As will be seen below, the Walloon and Flemish
regions are virtually in compliance with these four Directives, but the
Brussels region has still adopted no measures whatsoever. Belgium's
institutional system has the added complication that a number of national
measures remain in force and are applicable in the three regions. The
Commission has accordingly decided to terminate the proceedings for failure
to notify measures transposing the T102 and PCB-PCT Directives but has
commenced new proceedings for incomplete transposai. No measures have been
taken to give effect to Directive 86/278/EEC.

Measures to transpose the Directives on noise pollution by lawnmowers and
on hydraulic and rope-operated excavators have still not been notified.
Directive 80/68/EEC on groundwater has not been transposed in the Walloon
region despite a ruling by the Court of Justice; nor have measures been
taken for Directive 88/347/EEC on the discharge of certain dangerous
substances.

35. Conformity with (immunity provisions

When legislation is adopted to give effect to a Directive, it is generally
in conformity with Community law. However, the problems of apportioning
power among the various tiers of authority is a particular source of
difficulty.

```

```
                    -274
Belgian legislation relating to Directive 80/778/EEC (quality of water
intended for human consumption), for example, is not in conformity. The
Flemish and Brussels regions have taken proper measures but the Walloon
region has not, as the Court of Justice declared on 5 July 1990.
Furthermore, in 1990 the Flemish region authorized concentrations of two
pesticides above the permissible levels.

Directive 84/360/EEC (air pollution from industrial plants) has been most
inadequately incorporated by the law organizing the system of classified
plants: the system is not made general, there is no obligation to take
account of the criteria laid down in the Directive each time a plant is
authorized, there is no reference to the best available technology, and
there is no obligation to adapt existing plant.

There has been no action to give effect to a 1987 Court of Justice ruling
condemning six cases of failure to comply with Directive 79/409/EEC
(conservation of wild birds), and new infringement proceedings have been
commenced. Directive 85/337/EEC (impact assessment) has not been
transposed in the Brussels region and has been incorrectly transposed both
in the Flemish, region (incomplete transposai of the impact study
provisions) and in the Walloon region (Annex II projects are excluded by
temporary order and the impact study criteria differ from those laid down
in the Directive). The Walloon regulations on nuclear plant were annulled
by the Council of State, which ruled that they should have been made by the
central authorities.

36. Effective application

The situation is less satisfactory here. The Belgian authorities have not
supplied the Commission with much information on water pollution matters,
although they are required to do so for the implementation of
Directive 75/440/EEC (classification; purification plans), while all the
scientific reports available testify to the poor qualify of surface and
underground water and the absence of adequate purification measures (almost
all rivers and streams are polluted). Moreover, bathing waters have been
inadequately graded and are of poor quality; there are no programmes for
the substances on list II of Directive 76/464/EEC; pollution by industrial
waste and the pollution of drinking water by nitrates and lead (Verviers)
abounds.

There are no specific problems regarding air pollution.

No implementation reports are available on any of the waste Directives.

```

```
                   -275
The Brussels and Walloon regions have no plans for the elimination of
general waste or toxic and dangerous waste.

The practical application of the Seveso Directive gives rise to serious
concern as emergency plans are inadequate, where they exist at all, and
there is little or no control and coordination on the part of the
authorities.

Turning to nature and the living environment, Belgium has designated a
large number of special conservation areas for wild birds, but there is
evidence to suggest that these areas still do not enjoy proper protection.
Hunting problems persist, especially as regards the snaring of birds.
Finally, while Directive 85/37/EEC is still not fully transposed, initial
experience has shown that such environmental impact studies as have
actually been carried out do not cover all the aspects they should.

DENUDES

3 7 . TAte t.r«.TVgpr>gw.1

Denmark's parliament keeps a very close eye on the attitude of the Danish
minister when a Directive is negotiated and adopted. Adoption of a
Directive thus frequently reflects a genuine commitment, and the
Government, Parliament and official bodies feel bound by the results to be
achieved.

The result is that, generally speaking, Oammunity Directives are transposed
within the appointed deadlines. The only major delay in recent years
concerned Directive 85/337/EEC (environmental impact assessment).

38. Conformity with Community provisions

Danish provisions are clear evidence of Denmark's loyalty to its Community
commitments. Divergences discovered between national law and
Directive 79/831/EEC (dangerous substances), 76/169/EEC (bathing water)
and 79/409/EEC (conservation of wild birds) are the result of a deliberate
choice. Denmark took the view that the Community solution was not the best
and opted for another one. In the case of the dangerous substances
Directive, a ruling by the Court would help to remedy the situation.

```

```
                   -276
39. Effective application

There is a high level of environmental awareness in Denmark, which is
equally evident in almost all the country's official bodies. This
awareness is reflected in effective implementation and monitoring systems.
Effective implementation of Community Directives therefore presents no
problems, and complaints to the Commission are extremely rare; Danish
citizens have access to a national complaints system which works well, and
they do not feel that more is to be gained by complaining to the
Commission. In the absence of detailed information, the Commission does
not know whether Directives 75/440/EEC (surface water) and 80/778/EEC
(water intended for human consumption) are being fully applied in practice.
No specific comments are called for in other areas.

GERMANY

40. Obviously, the Commission is not yet monitoring the implementation of
the environmental Directives in the Lander of the former GDR.

Late transposai

Germany finds little difficulty in transposing technical Directives in good
time, but delays occur when legislation or substantial new infrastructures
are required.

A particular problem emerges when Community law is to be transposed by the
Lander, which prefer to draw attention to Community legislation by means of
circulars, which may or may not be published. Local authorities and their
population know little of Community provisions and their scope.

```

41. Conformity with (immunity provisions

```
Because it has highly sophisticated environmental legislation, Germany's
main concern is to amend it as little as possible when ODmraunity Directives
are transposed. This means that important aspects of Cc>mmunity Directives
are not completely included.

```

```
                    -277
42. Effective application

The day-to-day management of Ctammunity rules is not without problems.
Water management is in the hands of the Lander, which have in the past
taken little heed of Directives such as 78/659/EEC (waters supporting fish
life), 79/923/EEC (shellfish waters) and 80/68/EEC (groundwater). Germany
has considerably improved its bathing water monitoring scheme, but the
Commission does not have enough information about the quality of water for
human consumption, since Germany has failed to provide it.

Germany has made considerable efforts to improve air quality, though these
efforts were independent of the existing Directives.

The differentiation between waste and recyclable waste introduced by
Germany is a departure from the Oommunity approach.

In the nature and the living environment sector, the Directive on birds has
produced few practical changes. Germany has designated habitats which
already existed and has not completely adapted hunting legislation. Some
Lander are lagging seriously behind in designating special protection areas
for the conservation of wild birds. These designated habitats continue to
be threatened by construction work, contamination and day-to-day
activities.

GREECE

43. Late transposai

In the past, there were considerable delays in transposing environmental
Directives in Greece. Over the last two years, the Commission notes that a
considerable effort is being made to live up to the obligations deriving
from the adoption of Ctammunity Directives. Most of the old Directives have
been transposed, though twelve of the Directives which came into force in
1989 and 1990 are still on the waiting list. However, the Commission is
gratified to note that by the end of 1990 Greece had •Lncorporated the major
Directives.84/369/EEC (air pollution from industrial plants), 85/337/EEC
(environmental impact assessment) and 85/339/EEC (containers of liquids for
human consumption).

```

-278

44. PfJ.Ttia.1 ranfnrmity

```
Generally, Greece adopts the text of the Directives and incorporates them
word for word in its national law, adapting the wording only where that
proves necessary. The. most common techniques are the ministerial decision
and the presidential decree. However, an ijistrument transposing a
Directive often requires implementing measures to be effectively
applicable. Such implementing measures are often lacking, especially in
the fields of nature protection and air pollution.

45. Effective application

This remains the chief problem in Greece. The situation has worsened to
some extent because of the inadequacy of the regional and local
infrastructure in the form of qualified staff, structured administration,
laboratories, monitoring instruments, etc. An appreciable improvement
seems to be on the way, mainly because of the help of the EEC's structural
Funds and other economic instruments.

Most industrial waste water is discharged untreated into the sea. The
number of areas designated fit for bathing is increasing but remains
inadequate; waters suitable for fish life and for shellfish have yet to be
designated. The management and monitoring of water - surface water
(Directive 85/440/EEC), bathing water (Directive 76/160/EEC) and
groundwater (Directive 80/68/EEC) - does not always measure up to Ctammunity
requirements.

The problem of air pollution persists in Athens, and the clean-up measures
taken pursuant to Directives 80/779/EEC and 85/203/EEC have not yet brought
about any appreciable improvement.

There is a lack of plans for the disposal of domestic or industrial waste
and of treatment and disposal facilities.

As regards nature protection, the number of areas designated pursuant to
Directive 79/409/EEC (bird conservation) - 26 - appears inadequate;
furthermore, in many cases, there are no specific conservation measures in
those designated areas. In several cases, no assessment has been carried
out, since the legislation on environmental impact assessment under
Directive 85/337/EEC was not adopted until 1990.

```

**-279-**

**SPADi**

```
46. late transposai

The Act of Accession gave Spain no additional period of grace for
transposing the environmental Directives.

Most of the Directives adopted before 1 January 1986 (the date of
accession) were transposed between 1986 and 1988, though there are still a
number of gaps.

Several of the Directives adopted after 1. January 1986 have not yet been
transposed.

47. Partial conformity

Spanish legislation on water, nature protection and waste diverges from
Community provisions in several respects. As regards nature and water,
these divergences derive from existing Spanish law, which has not yet been
fully adapted to Ctammunity requirements. Legislation on waste is being
brought up to date and legal ij^truments are being adopted which will
ensure that there is appropriate infrastructure and proper management of
toxic wastes; but the deadlines set for the Ccimmunity laws in question
have long since expired, quite apart from specific omissions. The Spanish
legislation incorporating Directive 85/337/EEC (environmental impact
assessment) exempts a large number of Annex II projects and the Ctammission
commenced proceedings accordingly.

48. Effective application

Where Directives require management or clean-up plans to be established,
there are shortcomings and major delays both in establishing them and in
applying them to water, air, waste and industrial accidents.

The effective application of existing Directives on industrial waste water
leaves much to be desired. The number of areas designated as having water
suitable for bathing is inadequate (Directive 76/160/EEC) and the
monitoring of these areas does not meet the Directive's requirements.
There is no plan for cleaning up surface water (Directive 75/440/EEC).

```

```
                    -280
The Directives on air quality standards (Directives 80/779/EEC, 82/884/EEC
and 85/203/EEC) are not being fully applied in some conurbations.

The plans for the management of waste and dangerous waste
(Directives 75/442/EEC and 78/319/EEC) do not fully satisfy the
requirements of the Directives. In several cases, waste disposal is
causing local problems.

Several new nature protection areas have been designated pursuant to
Directive 79/409/EEC (protection of birds).

FRANCE

49. late transposai

Proceedings for failure to notify measures are rare, for France has
comprehensive environmental legislation, much of which predates the
Directives. The French authorities are nearly always ready to notify
measures to the Commission within the deadline laid down in the Directives
and thus to meet their formal requirements, though transposai is
occasionally delayed; examples are toxic and dangerous waste (over three
years) and waste incinerators.

50. Conformity with Community provisions

There are a fairly large number of proceedings for non-conformity or
partial conformity, several of which present the same legal problem: is
the technique of transposai by means of administrative circulars a valid
one?

There has long been a difference of opinion between the Commission and the
French authorities, which felt that it was. However, over the last two
years the French Government has adopted a series of decrees replacing the
old circulars and giving the standards laid down in the Directives
unquestioned legal status.

```

```
                    -281
Qn the other hand, France is lagging far behind on a number of planning and
management obligations (plan for cleaning up surface water; designation of
water suitable for fish and for shellfish; food packaging programme;
major combustion facilities). In some of these cases the Commission is
willing to admit that plans or programmes may well exist, but it has not
been informed of them.

51. Effective application

The practical application of the Directives on water is not perfect: an
inadéquate number of stretches of water have been designated and monitored
as suitable for fish and shellfish; surface and groundwater are polluted
by nitrates and other harmful substances; there are no programmes for the
substances on list II of the dangerous substances Directive, with the
result that rivers are polluted by industrial waste; the number of
monitored bathing places is too low, and some of them are polluted anyway.
Proceedings relating to the cadmium and titanium dioxide Directives are
under way, and an infringement proceeding is under way following several
complaints received about the quality of water for human consumption.

The Commission is not satisfied with the way in which Directive 84/360/EEC
(air pollution from industrial plants) is applied. Despite several
requests, no information has been provided about the way account is taken
of the best technology available at the time of authorization or, more
importantly, about the gradual adaptation of existing plants. Furthermore,
the absence of specific measures to ensure the general aval 1 ability of
unleaded petrol by 1 October 1989 placed this goal beyond reach.

The existence of a number of waste disposal programmes formally complies
with the Directives, but the situation is hardly perfect. For years France
has been allowing the number of unauthorized dumps to rise and has taken no
real measures to prevent the unraonitored dumping of toxic waste; worrying
problems of soil and water pollution abound as a result. The Commission
has been receiving a growing number of complaints.

```

```
                    -282
As regards nature protection, a large number of proceedings for
infringement of Directive 79/409/EEC have been commenced in relation to
hunting. Ecologists and naturalists are particularly vigilant. France
also appears so far to have designated an inadequate number of special
conservation areas, and the protection enjoyed by those designated is not
always sufficient. The environmental impact studies carried out under
legislation predating the Directives and partially in conformity with them
are seen as being too sectoral; moreover, the general public and nature
conservation associations are not genuinely involved in the assessment
process, and hostile reactions expressed in the course of public inquiries
are not adequately considered.

```

```
                 - 283 
52. Irtte tranj^po,sa1

The incorporation of Ctammunity provisions into national law within the
prescribed period is the exception rather than the rule in all
environmental matters. National legislation is often adopted when
proceedings initiated by the Commission are already at an advanced stage.

```

53. [Pn.rt.lAl nrn-Nfrvrmlty](http://Pn.rt.lAl)

```
It is standard practice in Ireland for Ctammunity provisions to be
transposed as such. The use of circulars for this purpose seems to have
decreased slightly, the Commission having taken issue with this technique
on several occasions, the most important of which concerned
Directive 85/337/EEC (impact assessment).

54. Effective application

With respect to water pollution, the application of Directives 78/659/EEC
(designation of waters needing protection or improvement to support fish
life) and 79/923/EEC (shellfish waters) is unsatisfactory as regards both
the number of designated zones and the measures taken. There are also
shortcomings in the classification of surface water (Directive 75/440/EEC)
and in the associated clean-up programme.

Air -pollution is a serious problem in Dublin. It is too early to judge
whether the measures taken by the Irish authorities in 1990, in particular
the ban on the sale of certain types of coal in the Dublin region, will
have the desired effects.

There are shortcomings in the formulation and implementation of management
and improvement plans and programmes regarding waste
(Directive 75/442/EEC), toxic and dangerous waste (Directive 78/319/EEC)
and containers for liquids for human consumption (Directive 85/339/EEC).

As regards nature protection, the number of habitats designated under
Directive 79/409/EEC (conservation of wild birds) is insufficient. For
those habitats which have been designated, conservation measures do not
always appear adequate.

```

```
                 - 284 
55. late transposai

In most cases the deadlines for the incorporation of Directives into
national law are still not being observed. The new "Pergola Law", which
provides for -mechanisms to speed up transposai, has raised hopes that the
situation might be improved.

Delays are sometimes worse when responsibility for transposing
environmental Directives lies with regional authorities and the role of
central government is confined to the adoption of framework laws or
decrees.

56. Partial conformity

Problems of partial conformity often arise in fields which fall within the
legislative competence of the regions, such as the conservation of wild
birds (Directive 79/409/EEC), air pollution (Directives 80/779/EEC,
82/884/EEC and 85/205/EEC) and waste. As regards the Directive on wild
birds, the Court of Justice condemned Italy in 1987 for failure to adapt
its legislation in line with QDmmunity provisions. Other problems of
non-compliance are likely to result from derogations or authorizations for
derogations which are not permitted under Community Directives
(Directive 76/160/EEC - bathing water; Directive 80/778/EEC - drinking
water; Directive 76/464/EEC as amended - discharge of certain dangerous
substances into the aquatic environment)

57. Effective application

The main problem in the implementation of Directives on the environment is
the effective application of existing provisions. Regional or local
authorities often find it difficult to organize or monitor the effective
application of the rules. There are serious problems in the formulation
and implementation of clean-up plans and programmes concerning surface
water, waters able to support fish life, areas susceptible to air
pollution, waste and toxic waste; the level of success varies widely from
region to region.

```

```
                   - 285 
As regards water pollution, Ctammunity standards for bathing water
(Directive 76/160/EEC) and drinking water (Directive 80/778/EEC) are
unevenly observed over the country as a whole. There are serious
shortxxjmings in the designation and classification of waters -under
Directives 75/440/EEC (surface water), 78/659/EEC (waters able to support
fish life) and 79/923/EEC (shellfish waters). The effective application of
Directive 76/464/EEC (discharge of dangerous substances) as amended is not
properly monitored.

With respect to air pollution, clean-up programmes in sensitive areas
(Directives 80/779/EEC, 82/884/EEC and 85/203/EEC) and effective remedial
measures are almost completely lacking. Furthermore, the Ctammission has
not received any plans for the elimination of emissions under the Directive
on large combustion plants (Directive 89/609/EEC).

As regards waste, Italy was found wanting by the Court of Justice for
failing to send reports to the Ctammission on the implementation of the four
Directives; yet the reports have still not been sent. No plans or
programmes have been drawn up for the management of waste
(Directive 75/442/EEC) or toxic and dangerous waste (Directive 78/319/EEC).

In the field of nature conservation, there are a number of cases where
Directive 79/409/EEC (conservation of wild birds) has not been observed, in
particular with regard to the protection of habitats and hunting practices.
The effective application of Directive 85/337/EEC (impact assessment) is
often hindered by the absence of well-defined and uniform criteria for its
implementation.

58. Late transposai

Luxembourg generally incorporates Directives within the prescribed periods.
Delays are the exception but have occurred in some areas, such as noise
pollution and chemical substances and in the implementation of
Directives 85/337/EEC (impact assessment) and 85/339/EEC (containers for
liquids for human consumption). Even so, draft legislation on these areas
already exists and it is to be hoped that the delays will soon be made up.

59. Partial nonformity

Luxembourg now makes a special effort to transpose Ctammunity Directives
correctly by virtual ly incorporating the entire text into its own
legislation. Only minor discrepancies have been observed.

```

```
                   - 286 
Nevertheless, there are problems in the transposai of Directives on the
environment when an existing legal text has to be amended in line with a
Directive or when a national Regulation is promulgated using a system or
definitions that differ from the Directive it transposes.

60. Effective application

There are no major problems here.

Difficulties sometimes arise in the designation of specific zones and
measures to improve them (bathing water, sulphur dioxide in the air,
natural habitats). However, the Commission has little information on the
effective application of Directives since it receives very few complaints
concerning Luxerrùbourg.

Ministerial departments are in close contact with the authorities working
on the ground and the practical application of rules and their consequences
can be readily discussed between those responsible for drawing up the rules
and those responsible for implementing them. There is therefore ample
opportunity for mutual exchange of information and a high degree of
transparency in national rules and their consequences for all those
involved, including the general public. This is probably why the
Commission has hardly received any complaints from individual s or
non-governmental organizations œncerning practices which might be in
breach of environmental Directives.

```

```
                    - 287 
61. Late transposai

Despite recent improvements, it is still exceptional for a Oammunity
Directive to be incorporated into Dutch law within the prescribed period.
The reasons lie partly in the legislative process itself and partly in a
lack of motivation to adapt national legislation to Ctammunity requirements,
compounded by the view that Dutch practices already conform to these
requirements. Particular mention should be made of Directive 80/68/EEC
(groundwater), which has still not been transposed despite a judgment by
the Court of Justice in 1988.

62. Pa.rt.1 a.1 nonformity

The Dutch legal system often accords the authorities the power to grant
general or special exemptions of considerable importance. Such derogation
clauses are likely to allow the Dutch authorities too much discretion in
the effective application of Ctammunity rules.

Moreover, Directives are sometimes transposed by plans, programmes or other
non-binding instruments, which is unacceptable from the point of view of
Community law.

63. Effective application

In view of the small number of complaints received by the Ctammission, it is
difficult to give an accurate assessment of the effective application of
Ctammunity law.

With respect to water pollution, there seem to be some problems in the
application of and compliance with Directives 75/440/EEC (surface water)
and 80/778/EEC (drinking water) and in the application of
Directive 80/68/EEC (groundwater), which has not yet been incorporated into
Dutch national law.

There are few specific problems regarding air quality. As for waste,
management plans under Directives 75/442/EEC and 78/319/EEC are lacking as
are reports on the implementation of Ctammunity Directives.

In the field of nature conservation, the number of wild bird habitats
designated under Directive 79/409/EEC (only nine) is insufficient. There
are also problems in the effective application of Directive 85/337/EEC
(assessment of environmental impact): too many projects have been granted
exemptions by the Dutch authorities.

```

**288** **-**

_**_Q_ïïk-h**_

```
64. Transposai

The transitional period accorded to Portugal for the transposai of certain
Directives on the environment is now at an end, with the exception of
Directive 76/160/EEC (bathing water) which will not apply there until 1993.

When Portugal joined the Community, it faced a considerable effort to
incorporate environment Directives into national law. At present there are
no major delays in carrying out this process. Measures to improve the
organization of administration and government have proved successful here.

65. Conformity with (immunity provisions

Sometimes the legal texts sent to the Commission do not fully conform to
Qxnmunity provisions. For example, laws which predate Portugal's accession
have been presented as implementing measures without having been adapted to
the exact requirements of Community legislation.

In other cases Directives have not been fully transposed because of
problems in the administrative infrastructure; this is true, for example,
of legislation on birds and rules on hunting and accounts for the lack of
clean-up programmes in the water and waste sectors.

66. Effective amplication of environmental provisions

Portuguese legislation on the environment lacks effectiveness (water,
waste, nature conservation); Ctammunity provisions therefore enjoy
remarkable credibility among the population.

It appears that existing legislation on water is not always properly
applied in practice. Waste water is often discharged without being
treated.

As regards air pollution, the aval lability of unleaded petrol
(Directive 85/210/EEC) is unevenly distributed over the country as a whole.
Furthermore, the Ctammission has not received improvement plans or plans for
the reduction of emissions under Directive 88/609/EEC.

```

```
                  - 289 
The waste management plans prescribed in Directives 75/442/EEC
and 78/319/EEC have not been drawn up.

As regards nature conservation, the pressure of economic development has
seriously affected the habitats of wild birds designated under
Directive 79/409/EEC and hunting practices do not fully comply with the
requirements of the same Directive. Finally, problems persist in the
effective application of Directive 85/337/EEC (impact assessment).

```

**`UNITED`** _**KnXZTM**_

```
67. Late transposai

In the past the United Kingdom incorporated Ctammunity Directives into
national law within the prescribed time limits; today, however, it does so
with less consistency. Of the nine Directives which entered into force in
1990, only one was transposed by the required date; for the others there
were delays of varying length.

68. Partial conformity

The practice of using administrative circulars to transpose Directives has
declined in certain fields, such as air quality and, in particular, water
pollution - Directives 76/160/EEC (bathing water) and 80/778/EEC (drinking
water) - since the water policy pursued by the government has made it all
the more necessary to transpose Community provisions by binding
legislation.

The adoption of a derogation to Directive 79/409/EEC (conservation of wild
birds) was a deliberate act based on the view that the Directive was
incorrect. The introduction of drinking-water standards which are less
strict than those laid down in the Directive constitutes improper
application and should be rectified by amendment of the relevant
legislation.

There are a few problems concerning minor derogations in the field covered
by Directive 85/337/EEC (impact assessment).

In general, there appear to be no major problems in the conformity of
national implementing measures with Ctammunity provisions.

```

```
                   - 290 
69. Effective application

Public opinion in the United Kingdom is particularly vigilant and the
Commission has, in the past, received a large number of complaints; this
sometimes give the misleading impression that the situation in that country
is partici.i1.arly serious.

Nevertheless, the biggest problem concerning the application of Community
law on the environment is undoubtedly the effective implementation of
obligations arising from Directives.

Extensive national programmes have been introduced to improve the quality
of water, which is often well below the standards set by
Directives 76/160/EEC (bathing water) and 80/778/EEC (drinking water);
however, these programmes have themselves given rise to practical
difficulties.

As regards waste, plans for the elimination of waste (Directive 75/442/EEC)
and dangerous waste (Directive 78/319/EEC) are established at local level
and do not take enough account of Ctammunity requirements.

In the field of nature conservation, the number of habitats designated
under Directive 79/409/EEC on the conservation of wild birds (40) seems
inadequate. There also problems in the effective application of
Directive 85/337/EEC (impact assessment).

```

```
                    -291
V. THE SITUATION SECTOR BY SECTOR

ALB

70. Apart from the Directives on specific substances (Directive 75/716/EEC
on the sulphur content of certain liquid fuels and Directive 85/210/EEC on
the lead content of petrol), the Ctammunity Directives designed to combat
air pollution are based on two main priorities:

   authorization for new industrial plant, subject to the use of the best
   available technology not entailing excessive costs;

   the programmes which have to be drawn up and implemented to adapt
   existing industrial plant to the best available technology. The same
   approach is being taken to "sensitive" areas as regards limit values
   for concentrations of sulphur dioxide, suspended particulates, lead
   and nitrogen dioxide.

The ozone layer is protected by Regulation (EEC) No 3222/88, which is
directly applicable.

71. Late transposai

There is a problem of late transposai of recent Directives.
Directive 88/609/EEC, for example, required the Member States to do what
was necessary to adapt their legislation and set up programmes for limiting
emissions by 1 July 1990, and notify these programmes to the Ctammission
before the end of December 1990. But by that date only Germany and the
United Kingdom had sent in a programme and very few Member States had
notified the Commission of the transposai measures.

Directives 89/369/EEC and 89/429/EEC on municipal waste incineration plants
came into force in December 1990. On that date not one Member State had

notified national implementing measures, though Portugal had notified
measures implementing one of the Directives before the end of 1990.

```

-292
```
72. Partial conformity

The Ctammission's view is that Directives setting limit values for air
"which must not be exceeded throughout the territory" of the Member States
must be incorporated in national law in such a way that the limit value in
figures appears in the national legislation. Germany disagrees, and the
Commission has brought an action in the Court of Justice, hoping that
judgment will be given in 1991 and establish specific criteria as to what
may be demanded of national implementing legislation.

The incorporation of Directive 84/360/EEC presents problems in Luxembourg
and the Netherlands as regards the obligation on the part of the
authorities to demand that new industrial plants use the cleanest
technologies not entailing excessive costs. Assuming that this obligation
is imposed in order to achieve the effective application of the Directive,
a corresponding obligation has to be imposed by national law.

73. Effective application

Effective implementation of the protective provisions of all the air
Directives requires constant activity by the administrative authorities.
This is especially true of Directives 80/779/EEC, 82/884/EEC and 85/203/EEC
on the quality of air, which require monitoring stations to be established
in those areas where, according to the Member States, pollution is at its
worst. Furthermore, programmes must be drawn up to reduce pollution as
quickly as possible in areas where the limit values are actually or
potentially exceeded.

The highly imprecise wording of the (immunity provisions regarding the
number of monitoring stations needed has led to disparities between Member
States. There are more than 200 monitoring stations in Germany, 85 in
France and 42 in the Netherlands (Directive 85/203), but only 15 in Spain
and six in the United Kingdom. The Directive's requirement that limit
values must not be exceeded "throughout the territory" is thus impossible
to monitor. On several occasions, Member States have answered Commission
questions about nitrogen dioxide or sulphur dioxide concentrations at
specific locations by saying that there was no monitoring station there.

There is likewise a serious problem with the pollution reduction programmes
in the areas designated by the Member States. The number of programmes
(eight for the 56 sulphur dioxide and suspended particulates areas under
Directive 80/779/EEC, none for the four lead-in-air areas under
Directive 82/884/EEC and none for the 35 nitrogen dioxide areas under
Directive 85/203), and their effectiveness as means of cjombating pollution,
appear to be inadequate.

```

```
                    -293
Directive 85/210/EEC on the lead content of petrol required a balanced
distribution of unleaded petrol throughout the Ctammunity by the end of
1989. Several proceedings have been commenced or are under way against
those Member States which have failed to ensure this balanced geographic
distribution. The Commission notes that the introduction of unleaded

petrol has been swifter in those Member States where there is an
appreciable difference between the price of leaded and unleaded petrol.

The Commission has no coherent and reliable information on the application
of the principle of "the best available technology not entailing excessive
costs" to new industrial plant, and the Member States have not provided the
Ctammission with information as to the policies and strategies pursued to
adapt existing plant to technological requirements. Any investigation by
the Ctammission has thus to be on a case-by-case basis and is proving
particularly difficult.

Nothing can be said at present as to the effective application of
Directives 88/609/EEC (large combustion plants), 89/369/EEC and 89/429/EEC
(municipal waste-incineration plants), since they came into force only at
the end of 1990.

CHEMICAL SUBSTANCES

74. Late transposai

Several Member States are finding it difficult to keep up with the rate of
adaptations to technical progress of Directive 67/548/EEC and are well
behind schedule in transposing the dangerous substances Directives.

The same applies to Directive 88/610/EEC on the prevention of industrial
accidents, adopted in the wake of the accident at Basle in 1986. The
Ctammission has commenced proceedings against several Member States for
failure to notify national implementing measures when this Directive came
into force on 1 June 1990.

Finally, Directive 87/18/EEC on good laboratory practice has not been
transposed in all the Member States.

```

```
                    -294
76. Partial conformity

The main problem of parti al conformity in the chemical substances area
concerns the transposai of Directive 82/501/EEC on the prevention of
industrial accidents, as amended. The complex and innovative content of
this Directive gives rise to divergences between national laws, in
particular as regards provisions existing before adoption of the Ctammunity
instruments.

76. Effective application

The Commission is devoting special attention to the chemical substances
Directives. It regularly organizes meetings with experts from the Member
States to consider the practical and legal problems of implementing the
Directives and solve problems encountered in their effective application.
The points at issue mainly concern access by individuals to information,
provided for by Article 8 of Directive 82/501/EEC, and the notification of
accidents.

WATER

77. Monitoring the -Implementation of the water Directives is proving
particularly difficult. The Community's approach to combating water
pollution <3omhines a variety of lines of action - quality objectives,
limitation of polluting emissions and prior authorizations. Above all, the
rather imprecise wording of the Community provisions gives water management
authorities powers of interpretation which - in the absence of uniform
sampling techniques and frequencies - generate divergences between Member
States.

```

```
                    -295
78. Late transposai

Protection of water, as of other areas of the environment, is primarily a
matter for administrative management, and several Member States have taken
the view that Ctammunity Directives can be properly transposed by
administrative circulars. A ruling by the Court of Justice in 1981 in a
case concerning Directive 76/160/EEC on the quality of bathing water did
not f*undamenta11 y change that attitude and, even today, several proceedings
are under way to oblige Member States to adopt binding legal instruments to
transpose the water Directives. This applies mainly to the Directives
concerned with quality objectives adopted in the seventies.

79. Partial conformity

In the field covered by Directive 75/440/EEC (quality of surface water) the
laws of several Member States derogate from the Directive's requirements,
using as a basis a declaration in the Council minutes made when
Directive 76/160/EEC on bathing water was adopted and applying it to water
which they have designated, whereas the Directive has quite different
objectives. Italian legislation, for example, specifies that compliance
with a number of parameters will not be monitored.

The legislation of several Member States on water for human consumption
gives cause for considerable concern. In some cases maximum concentrations
of certain polluting substances have not been specified, and in others
there is express provision for certain concentrations to be exceeded; such
derogations existed in Germany (until 1989), Italy and Spain.

As regards the exceeding of certain values, Germany and the United Kingdom
have adopted recommendations whose conformity with the requirements of the
Directive is by no means certain.

The Commission has asked the Court of Justice to rule on the nature of the
obligation to incorporate the details of Directive 80/68/EEC on groundwater
in national law. The Court is expected to give judgment in 1991.

```

```
                    -296
80. Effective application

The effective application of the water Directives is by far the biggest
problem. Apart from Directive 76/160/EEC, very little information reaches
the Ctammission. Consequently, complaints from individual s continue to be
the main source of information. They have been particularly numerous in
respect of bathing water and water for human consumption.

As regards the Directives setting quality objectives - 75/440/EEC (surface
water), 76/160/EEC (bathing water), 78/659/EEC (water for supporting fish
life), 79/923/EEC (shellfish waters) and 80/778/EEC (water for human
consumption) - the Member States were required to devise clean-up
programmes for water not meeting the Directives' requirements so as to
achieve the quality objectives within the appointed time. Many of the
requisite programmes have either not been drawn up or not been implemented.
Consequently, the quality objectives have still not been set and are still
not being complied with in these cases. Some 20% of the bathing water
within the scope of Directive 76/160/EEC may be assumed to fall below
Community standards. Exceeding the maximum concentrations authorized under
Directive 80/778/EEC (water for human consumption) presents problems in
many Member States, though not in Denmark. Furthermore, it sometimes
happens that the parameters laid down in the two Directives are not
monitored.

Only three Member States have notified measures relating to shellfish
waters falling within the scope of Directive 78/659/EEC; four Member
States have notified measures in respect of Directive 79/923/EEC.

Not one Member State has notified measures relating to the quality
objectives set for the substances on list II in Directive 76/464/EEC, and
at least ten Member States have failed to notify their clean-up programmes.
Reports to the Ctammission on the application of list I measures are the
exception rather than the rule and do not provide a reliable picture of the
effective application of the Directives.

```

```
                    -297
NQISE

81. Ctammunity Directives are designed to cover all noise emissions from
products. They set limits for noise emissions which may not be exceeded by
products placed on the market. Given that these maximum limits apply to
new products, little provision was made for the effective application of
Ctammunity rules.

Late transposai triggered a number of proceedings, though there are no
specific aspects to report. As regards conformity of national laws with
the Directives, Belgium derogated from Directive 80/51/EEC on noise
emissions from aircraft by granting an additional period of grace for
complianoe at regional airports. The Commission commenced emergency
proceedings and at the beginning of 1991 Belgium informed the Commission
that the derogation had expired at the end of 1990 and that it did not
intend to renew it.

The Commission took the opportunity to ask the Member States to inform it
whether particularly noisy aircraft were still taking off or landing on
their territories. No such cases emerged.

```

```
                    -298
WASTE

82. In 1989 the Ctammission published a report on the implementation by the
Member States of the four waste Directives, i.e. Directives 76/442/EEC
(waste), 75/439/EEC (waste oils), 76/160/EEC (PCB-PCT) and 78/319/EEC
(toxic and dangerous waste). [32 ]

This report was based on the limited information available at that time,
since most of the Member States had failed to provide the Ctammission with
the three-yearly reports which the Directives required them to submit.

83. late transposai

All the Member States have transposed the waste Directives. But
Directive 85/339/EEC on containers of liquids for human consumption allows
the Member States to choose between regulations and voluntary agreements
and therefore does not necessarily need formal transposition.

However, in many Member States neither regulations nor voluntary agreements
have come into being as a result of the Directive. The same applies to the
framework programmes within which legislation or regulations were to be
adopted or voluntary agreements concluded.

84. Pa.rtla.l nonformity

Monitoring the conformity of national law with Ctammunity provisions in the
field of waste is rendered particularly difficult as there have been
substantial amendments, especially to Directives 75/442/EEC (waste),
78/403/EEC (PCB-PCT), 78/319/EEC (dangerous waste), 84/631/EEC (waste
transport) and 85/339/EEC (containers of liquids for human consumption).
It was frequently found to be inadvisable, if not impossible, to commence
Article 169 proceedings against a Member State when a Ctammunity provision
was likely to be amended by a new Council Directive.

Directives 75/442/EEC and 78/318/EEC provide that (dangerous) waste should
be disposed of "without endangering human health and without harming the
environment, and in particular ... without risk to water, air, soil and
plants, and animals ... ". In strictly legal terms such a clause can
readily be incorporated in a national provision but will be difficult to
comply with when dangerous waste is actually disposed of.

32 Ctammission, SEC(89)1455 final, 27 September 1989.

```

```
                    -299
Moreover, the Member States and the Ctammission disagree on the question
whether the waste Directives should be adopted on the basis of Article 100a
or Article 130s. The Commission has brought an action in the Court for
clarification of this question. Finally, while the Court's 1990 rulings
affirmed that recyclable waste was in fact waste, some Member States are
classifying such waste as products and thus withdrawing it from the
provisions applicable to waste.

These difficulties, staff shortages and the fact that there was no
monitoring of the application of environmental legislation before 1983 have
made it hard to check sYStematically whether national provisions are in
conformity with Community provisions. The same is true where the
Directives provide for the adoption of national waste disposal plans or
programmes, which are never notified to the Ctammission when they have been
drawn up.

In cases involving effective application which have been drawn to its
attention, the Commission's main action has therefore been to check whether
national laws are in conformity with the provisions of Ctammunity law.

85. Effective application

Directives 75/42/EEC and 78/319/EEC require Member States to designate the
authority or authorities responsible in a specific area for planning waste
disposal, the content of the plans being determined by the Directives. As
regards dangerous waste, only three Member States have notified disposal
plans to the Commission. Germany has notified programmes covering only
part of its territory and without complying with the requirements of the
Directive. The other Member States have not notified their plans.

Directive 85/339/EEC requires Member States to establish and implement
programmes designed to reduce containers for liquids for human consumption.
Five Member States have submitted no programmes; the others have done so,
though sometimes long after the deadline.

Directives 75/442/EEC (waste), 75/439/EEC (waste oils), 76/403/EEC
(PCB-PCT) and 78/319/EEC require the Member States to send a report on
their implementation to the Commission every three years. Almost all have
failed to do so. The Ctammission therefore sent a detailed questionnai re to
the Member States on each of these Directives. Seven Member States
replied. The Ctammission initiated proceedings against those which did not.
It should be noted that the questions asked were more concerned with the
conformity of national measures than their effective application.

```

```
                    -300
Directive 85/339/EEC requires the Member States to submit reports by the
end of 1990. To date not a single report has reached the Commission. The
Member States should also have submitted to the Commission a two-yearly
report on Directive 84/631/EEC in 1987 and 1989. Once again, not a single
Member State has yet fulfilled this obligation.

Complaints, occasional petitions, parliamentary questions and the media are
the Commission's only source of information on damage to the environment
provoked by waste disposal.

For example, it often happens that a private citizen - directly suffering
the nuisance of a badly-managed rubbish dump or finding his favourite
bathing place polluted - is unable to make any headway against the
complacency of his national authorities and finally complains to the
Commission. Sometimes, even, his sole motive is fear.

The implementation of Community provisions on waste is extremely
problematical in most Member States. Detailed waste disposal plans and
programmes, in particular those devoted to dangerous waste, are few and far
between, and such programmes as do exist do not always seem to be managed
satisfactorily. The Directives' aim of disposing of (dangerous) waste
without danger to human beings and the environment is far from being
achieved. The monitoring of the cross-frontier carriage of toxic waste is
hampered by the lack of transparency.

It is -therefore not surprising to discover that the establishment of new
waste disposal facilities is causing considerable anxiety among the members
of the public affected by it and that the completion of the single market
is perceived as something of a threat. Stronger national and Ccmimunity
monitoring of the implementation of the Directives on waste is becoming
inevitable.

NATURE

86. Directive 83/129/EEC, as amended, bans imports of skins of certain
seal pups and products derived therefrom. The Commission checks the
conformity of national provisions with those of the Directive. The
Directive does not provide for notification to the Commission of any
information regarding its effective application. Consequently, the
Ctammission only has import and export statistics to work from, and they are
published long after the event. And such statistics are not specific
enough to enable the Commission to monitor compliance with the import ban
effectively.

```

```
                    -301
Regulation (EEC) No 3626/82 on a Convention on international trade in
endangered species of wild flora and fauna is directly applicable in the
Member States. Its application is monitored by the Committee on the
Convention, which meets regularly to coordinate the practice of the
relevant authorities in the Member States. Article 169 proceedings are the
exception.

As already pointed out above (point 24), the Commission does not monitor
the application of the Berne Convention on endangered species or the Bonn
Convention on migratory species, although the (immunity is a contracting
party to both.

The two most important Directives in the field of nature protection are
Directive 79/409/EEC on the conservation of wild birds and
Directive 85/337/EEC on the assessment of certain public and private
projects on the environment, though the latter also concerns matters other
than nature protection.

87. Late transposai

All twelve Member States now have legislation incorporating
Directive 79/409/EEC on the conservation of wild birds.

Luxembourg was the only Member State which on 31 December 1990 had not
transposed Directive 85/337/EEC. Greece, Portugal and Germany took the
necessary legislative action in 1990, almost two years after the Directive
had come into force (3 July 1988). The result is that projects falling
within the scope of the Directive which were authorized after 3 July 1988
but before the legislation came into force often - depending on the
attitude of the national authorities - escaped the impact assessment.
Portugal, the United Kingdom and Germany actually so provided in their
national law, which appears incompatible with the Directive.

```

```
                    -302
88. Pa.rtia.1 ocnformity

Not one Member State was able to transpose Directive 79/409/EEC on the
conservation of wild birds by means of a single piece of legislation or
subordinate instrument. For one thing, the power to legislate for nature
protection is often regionalized (Belgium, Germany, Italy, Spain and the
United Kingdom). Even in a country like France, regulations related to
hunting are partly adopted by the département - and annually as well. For
another, measures incorporating the Directives variously cover nature
protection, the protection of endangered species and hunting and are thus
to be found in traditionally separate instruments.

The Ctammission consequently has to examine more than fifty interdependent
regulatory rmstruments without being able to keep up with the frequent

amendments to them.

In many Member States hunting regulations, introduced well before the
adoption of the Ctammunity Directive, have not been adapted to the
requirements of the Directive; this may well have something to do with the
influence of pressure groups. The Commission has therefore commenced
proceedings for partial conformity against most of the Member States,
including the United Kingdom, Germany, Denmark and the Netherlands. The
Court of Justice has already given judgment in two cases against Germany
and the Netherlands on the grounds of partial conformity of several of
their national provisions, but these Member States have not responded with
the necessary amendments.

Overall, the Commission has commenced proceedings in about 20 cases against
hunting regulations and practices which it believes to be in conflict with
the Directive's requirements.

Another problem involves the Member States' provisions allowing
derogations, which are authorized by the Directive (Article 9) under
certain circuinstances. The very general wording of the Directive has given
rise to a number of excessively generous derogations.

Assessment of the conformity of national provisions incorporating
Directive 85/337/EEC is complicated by the fact that they were adopted only
recently. The Commission is of course continuing to scrutinize national
regulations, some of which are highly complex because of the regional
factor, and has already commenced Article 169 proceedings in several cases.

```

```
                    -303
```

_Tne_ `most serious problem so` `far` `discovered concerns the incorrect`
```
incorporation of the provisions relating to the assessment of the
environmental Impact of projects in Annex II. The Commission interprets
Articles 2 and 4(2) of the Directive as not allowing the Member States full
discretion as regards the advisability of an impact assessment. The
assessment must be made where the nature, size and location of a project so
require. The Commission is therefore of the opinion that national
legislation must specify that each case be considered on its own merits or
must itself lay down criteria for the projects covered by Annex II.

89. Effective application

Effective application of Directive 79/409/EEC is the most important problem
in the area of monitoring the implementation of environmental provisions.
This Directive requires the Member States to designate habitats for
especial ly endangered birds (Annex I) and to take specific conservation
measures within them. Designated habitats are meant to form a coherent
European network capable of ensuring the conservation and survival of these
birds. So far, some 600 habitats have been designated, but the Commission
takes the view that twice as many are needed. It considers that only
Denmark and Belgium have fully met their obligations.

The proceedings commenced by the Commission are predominantly concerned
with two situations - the inadequate number of habitats designated, and the
destruction of a habitat by economic activities (agriculture, industry,
construction, tourism, infrastructure), sometimes receiving financial
support from the structural Funds. In almost every case, striking a
balance between economic interests and environmental requirements is
proving particularly delicate. The Commission hopes to obtain guidance on
the interpretation of Article 4 from the Court of Justice in a case it has
brought against Germany over a designated habitat.

There is little the Commission can do to monitor the effective application
of actual derogations, as the requisite annual national reports are either
not submitted or are couched in such general terms that it is impossible to
tell from them whether the spirit and the letter of Article 9 have in fact
been complied with.

In most of the Member States, implementation of Directive 85/337/EEC is
still in its infancy.

```

```
                    -304
In all but the really extreme cases, the Ctammission refrains from taking
action on the quality of impact studies and the resultant assessment, since
the Directive is neutral on this point. Consequently, even where the
procedure laid down by the Directive is formally complied with, impact
studies are often of a mediocre quality and almost always underestimate the
harm to the environment. Furthermore, the opinions expressed by
individual s at public inquiries are not validly taken into consideration by
the authorities. The impact assessment thus often turns out to be a formal
procedure intended to justify the implementation of a project which has
been decided on in advance on the basis of economic and technical criteria.

```

```
                  - 305 
VI. GENERAL CCMC3JJSI0NS

90. This annex on monitoring the application of Community provisions on
the environment is not a report on the state of the environment. It is no
more than a brief description of a few of the problems which in the
Commission's view arise when environment law adopted at Ctammunity level
comes to be implemented. Since the instruments (the Treaty) available to
the Ctammission for monitoring are of a formal and legal nature, the legal
aspect was bound to predominate in this annex.

91. It must be noted that Community directives are seldom transposed in
the national law of the Member States within the period they prescribe.
The situation is made worse by the fact that in most Member States
management of the environment law is considered to be an administrative
question and that numerous circilars, administrative rules and other
instruments obscure the transparency of this area of the law.

92. Cases of non-conformity of national provisions with Community
environment measures are relatively numerous. There are few cases where a
Community directive is incorporated in national law by a single instrument.
Where several instruments are applicable at national level, the references
and cross-references between them further obscure the transparency of the
applicable provisions, particularly for individuals, firms, the authorities
and the Commission.

The Commission has systematically asked the Member States to send it
synoptic tables clearly showing which national norm incorporates a
Ctammunity provision into national law. So far, such information is the
exception.

93. The most pressing problem concerns the practical application of
environmental provisions by the Member States and the Commission's
obligation to ensure that it happens.

```

```
                    306 
It has already been said that the Member States do not generally forward
reports on the -Lntplementation of environmental provisions, although many
directives clearly, specifically and unambiguously require them to do so.
The Ctammission therefore has to turn to other sources of information.

Studies commissioned from private contractors are of limited value: in
many cases the contractors do not have access to data held by private firms
or even to data held by authorities responsible for monitoring situations
and authorizing projects or by other local, regional or national
authorities. When the Ctammission sends a letter or questionnai re seeking
specific information on the practical application of this or that
directive, it is very rare for all the Member States to respond. To give
but one example, the Commission still has no precise information on the
quality of drinking water in the Member States despite several attempts.

It is to be hoped that the situation will improve when the European
Environment Agency, to be established as decided in 1990, becomes
operational; its task will be to collect, process and disseminate
objective and reliable data on the state of the environment, cooperating to
this end with institutions and information networks in the Member States.

94. At present, the Commission's main source of information on failures
to apply (immunity environmental provisions is the complaint. When a
cxjmplaint is lodged the Commission undertakes a scrutiny procedure during
which a Member State may be asked for information. This arrangement is
being used more and more; it constitutes a form of sample survey which,
without being systematic, at least makes it possible to monitor the
application in some cases. The complaints procedure allows private
individuals to do something about "their" environment and to contribute
thereby to a people's Europe. This is not the place to describe in detail
the benefits and drawbacks of the complaint system, but the Commission
would point out at least two drawbacks. First, the system depends on
complainants' motivation and dynamism. Since environmental pollution is
perceived with varying degrees of concern by public opinion in the Member
States, the uneven geographical distribution of complaints could result in
uneven scrutiny of the application of Ctammunity directives. Second, the

```

```
                   - 307 
procedure under Article 169 of the Treaty is so cumbersome that problems
raised in complaints will not be solved rapidly.

The high number of complaints and the limited resources available to the
Commission make systematic and specific scrutiny impossible. Private
individuals do not make full use of the possibility of obtaining redress
from national authorities or courts before bringing their environmental
concerns to Community institutions.

The present situation regarding the practical application of Ctammunity
environment law is far from satisfactory, and this is also due to the lack
of adequate monitoring machinery. The Commission will look into ways of
boosting and -Lntprcving this -machinery.

95. The practical application of Ctanrntunity environment measures
encounters other obstacles due to their very nature. They are often
formulated in such a vay as to entrust protection of the environment to
national, regional or local authorities. When they do not implement
environmental provisions, either because they lack the means or for some
other reason, the environmental protection envisaged by the Ctammunity
:Lnstrument is not achieved. For example, several directives require the
Member States to establish and implement management or clean-up programmes,
which in turn require continuous activity by the authorities; yet this is
often lacking. Again, implementing the concept of Ccmrniunity law of use of
clean technology without excessive costs calls for continuous and detailed
activity by the authorities, without which it is likely to remain a dead
letter.

```

```
                    -308
The Ctammunity law of the environment, which is inevitablY less specific
than national law, contains a number of general notions which must be
implemented daily if they are to produce their full effect. This is all
the more necessary as the main threat to the Community environment does not
come from natural disasters but from a wide range of contaminants and
pollutants discharged day by day and steadily building up.

96. In 1990 the Commission took a number of measures to improve the
monitoring of the application of Ctammunity law on the environment.

It presented a proposal for a Council directive harmonizing and
rationalizing the Member States' reports on the application of environment
directives. The proposal would provide a legal basis for reports to be
drawn up every three years in aocordance with a questionnaire prepared by
the Commission sector by sector (water, air, etc. ) rather than directive
by directive. The Commission hopes that the Council will adopt this
directive in the near future so that it will no longer be necessary to use
the Article 169 procedure every time a reports fails to materialize.

97. The Ctammission has begun holding package meetings with the Member
States' administrative authorities to discuss a whole set of complaints or
infringement proceedings so as to clarify the facts, find solutions to the
problems and generally promote cooperation in implementing Community law on
the environment. Such meetings have been held with Spain (twice), Greece
(twice), Portugal, the Netherlands, Germany, Belgium and Ireland. The
Ctammission is planning to hold further such meetings to make formal
infringement proceedings unnecessary.

98. The Commission is also considering whether the question of formal and
effective application of a directive in the Member States should be a
routine item on the agenda for these meetings. Exchanging experience with
the application of Community directives in the Member States could make a
useful contribution to improving the implementation of environment
provisions.

```

```
                   -309
99. More generally, the Ctammission is looking into the possibility of a
proposal for a Council directive setting up an environmental coraplaints
system whereby individual s would lodge complaints with a body in the Member
State concerned. The Commission would intervene only if the national
authorities failed to solve the problem and end the infringement of
Ctammunity law or failed to deal with the complaint within a reasonable
time. A decentralized system could prevent the concentration of complaints
at Community level and encourage the citizen to seek a solution at the
actual place of the alleged "offence" against the environment.

Lastly, the Commission will consider whether the environment might not be
better protected if environmental bodies and private individual s were given
the power to take action in the courts.

100. The Ctammission plans to publish an annex on monitoring the
application of Ctammunity environment law every year. It believes this
would contribute to the protection, preservation and Improvement of the
environment in the (immunity. At the same time, Ctammunity attempts to
monitor the application of environment rules can serve as an example to
other international bodies.

```

```
                  - 310 
              A N N E X I

          LIST OF DIRECTIVES OCMSRED BY ANNEX C

This list gives the -numbers of antenrîïng Directives but does -cot Include
amendments made to Directives to allow for the accession to the Community
of Greece, Spain and Portugal and the new German Lander.

```

```
                   - 311 
                   A - AIR

A.l Counoil Directive 75/716/EEC of 24 November 1975 on the

     approximation of the laws of the Member States relating to the
     sulphur content of certain liquid fuels (amended by
    Directive 87/219/EEC)
    OJ L 307, 27.11.1975, p.22

A.2 Council Infective 80/779/EEC of 15 July 1980 on air quality limit
     values and guide values for sulphur dioxide and suspended
     particulates (amended by Directive 89/427/EEC)
     OJ L 229, 30.8.1980, p.30

A.3 Ooni-no.ii Directive 82/884/EEC of 3 December 1982 on a limit value

     for lead in the air

     OJ L 378, 31.12.1982, p.15

A.4 Counoil Direotive 84/360/EEC of 28 June 1984 on the combating of
     air pollution from industrial plants
     Q J L 188, 16.4.1984, p.20

A.5 Council Directive 85/203/EEC of 7 March 1985 on air quality
     standards for nitrogen dioxide
     O I L 87, 27.3.1985, p.l

A.6 Oounoil Direotive 85/210/BEC of 20 March 1985 on the approximation
     of the laws of the Member States concerning the lead content of
     petrol (amended by Directive 87/416/EEC)
     Q J L 96, 3.4.1985, p.25

A.7 Council Directive 88/609/EEC of 24 November 1988 on the limitation
     of emissions of certain pollutants into the air from large
     combustion plants
     Q J L 336, 7.12.1988, p.l

A.8 Council Direotive 89/369/EEC of 8 June 1989 on the prevention of
     air pollution from new municipal waste incineration plants
     OJ L 163, 14.6.1989, p.32

A.9 Council Direotive 89/429/EEC of 21 June 1989 on the reduction of
     air pollution from existing municipal waste-incineration plants
     0JL203, 15.7.1989, p.50

```

```
                   - 312 
               B - CHEMICAL SUBSTANCES

B.l Council Directive 79/831/EEC of 18 September 1979 amending for the
     sixth time Directive 67/548/EEC on the approximation of the laws,
     regulations and administrative provisions relating to the
     classification, packaging and labelling of dangerous substances
     (amended by Directives 81/957/EEC
                  82/232/EEC
                  83/467/EEC
                  84/449/EEC
                  86/431/EEC
                  87/432/EEC
                  88/302/EEC
                  88/490/EEC
                  90/517/EEC)
     OJ L 259, 15.10.1979, p.10

B.2 Council Directive 82/501/BEC of 24 June 1982 on the major accident
     hazards of certain industrial activities
     (amended by Directives 87/216/EEC and 88/610/EEC)
     Q J L 230, 5.8.1982, p.l

B.3 Council Directive 87/18/EEC of 18 December 1986 on the

     harmonization of laws, regulations and administrative provisions
     relating to the application of the principles of good laboratory
     practice and the verification of their applications for tests on
     chemical substances

     OJ L 15, 17.1.1987, p.29

B.4 Council BiJ^otive 87/217/EEC of 19 March 1987 on the prevention and
     reduction of environmental pollution by asbestos
     OJ L 85, 28.3.1987, p.40

```

```
                   - 313 
                   C - WATER

C l Council Direotive 75/440/EEC of 16 June 1975 concerning the quality
     required of surface water intended for the abstraction of drinking
    water in the Member States

    Q J L 194, 25.7.1975, p.26

C.2 Council Direotive 76/160/EEC of 8 December 1975 concerning the
     quality of bathing water
     OJ L 31, 5.2.1976, p.l

C.3 Council Directive 76/464/EEC of 4 May 1976 on pollution caused by
     certain dangerous substances discharged into the aquatic
     environment of the Ctammunity
     OJ L 129, 18.5.1976, p.23

C.4 Council I&rective 78/659/EEC of 18 July 1978 on the quality of
     fresh waters needing protection or improvement in order to support
     fish life

     OJ L 222, 14.8.1978, p.l

C.5 Council Directive 79/869/EEC of 9 Ootober 1979 concerning the
     methods of measurement and frequencies of sampling and analysis of
     surface water intended for the abstraction of drinking water in the

     Member States

     OJ L 271, 29.10.1979, p.44

C.6 Council Directive 79/923/EEC of 30 Ootober 1979 on the quality
     required of shellfish waters
     OJ L 281, 10.11.1979, p.47

C.7 Council Directive 80/68/EEC of 17 December 1979 on the protection
     of groundwater against pollution caused by certain dangerous
     substances

     OJ L 20, 26.1.1980, p.43

C.8 Counoil Direotive 80/778/EEC of 15 July 1980 relating to the
     quality of water intended for human consumption
     OJ L 229, 30.8.1980, p.11

C.9 Council Directive 82/176/EEC of 22 March 1982 on limit values and
     quality objectives for mercury discharges by the chlor-alkali
     electrolysis industry
     OJ L 81, 27.3.1982, p.29

C I O Council Direotive 83/513/EEC of 26 September 1983 on limit values
     and quality objectives for cadmium discharges
     OJ L 291, 24.10.1983, p.l

C l l Council Directive 84/156/EEC of 8 March 1984 on limit values and
     quality objectives for mercury discharges by sectors other than the
     chlor-alkali electrolysis industry
     OJ L 74, 17.3.1984, p.49

```

```
                  - 314 
C 1 2 Council Direotive 84/491/EEC of 9 Ootober 1984 on limit values and
    quality objectives for discharges of hexachlorocyclohexane
    OJ L 874, 17.10.1984, p. 11

C 1 3 COfuncil Direotive 86/280/EEC of 12 June 1986 on limit values and
    quality objectives for discharges of pertain dangerous substances
    included in List I of the Annex to Directive 76/464/EEC (amended by
    Directives 88/347 and 90/415)
    OJ L 181, 4.7.1986, p.16

```

```
                   - 315 
                D - NOISE PQLLUTICN

D.l G-jamcil Direotive 80/51/EEC of 20 December 1979 on the limitation
     of noise emissions from subsonic aircraft (amended by
     Directive 83/206/EEC)
    O J L 18, 24.1.1980, p.26

D.2 Council Direotive 84/533/EEC of 17 September 1984 on the
     approximation of the laws of the Member States relating to the
     permissible sound power level of compressors (amended by
     Directive 85/406/EEC)
     OJ L 300, 19.11.1984, p. 123

D.3 Council Direotive 84/534/EEC of 17 September 1984 on the
     approximation of the laws of the Member States relating to the
     permissible sound power level of tower cranes (amended by
     Directive 87/405/EEC)
     OJ L 300, 19.11.1984, p.130

D.4 Cow-moil Direotive 84/535/EEC of 17 September 1984 on the
     approximation of the laws of the Member States relating to the
     permissible sound power level of welding generators (amended by
     Directive 85/407/EEC)
     OJ L 300, 19.11.1984, p.142

D.5 Council Directive 84/536 of 17 September 1984 on the approximation
     of the laws of the Member States relating to the permissible sound
     power level of power generators (amended by Directive 85/408/EEC)
     OJ L 300, 19.11.1984, p.149

D.6 Council Direotive 84/537/EEC of 17 September 1984 on the
     approximation of the laws of the Member States relating to the
     permissible sound power level of powered hand-held
     concrete-breakers and picks (amended by Directive 85/409/EEC)
     OJ L 300, 19.11.1984, p.156

D.7 Council Direotive 84/538/EEC of 17 September 1984 on the
     approximation of the laws of the Member States relating to the
     permissible sound power level of lawnmowers (amended by
     Directives 87/252/EEC, 88/180/EEC and 88/181/EEC)
     OJ L 300, 19.11.1984, p. 171

D.8 Council Directive 86/594/EEC of 1 December 1986 on airborne noise
     emitted by household appliances
     OJ L 344, 6.12.1986, p.24

D.9 Council Direotive 86/662/EEC of 22 December 1986 on the limitation
     of noise emitted by hydraulic excavators, rope-operated excavators,
     dozers, loaders and excavator-loaders (amended by
     Directive 89/514/EEC)
     OJ L 384, 31.12.1986, p.l

D.10 Council Directive 89/629/EEC of 4 Deoember 1989 on the limitation
     of noise emission from civil subsonic jet aeroplanes
     OJ L 363, 13.12.1989, p.27

```

```
                   - 316 
                  E - WASTE

E.l Ctounoil Directive 75/439/EEC of 16 June 1975 on the disposal of
    waste oils (amended by Directive 87/ 101 /EEC)
    OJ L 194, 25.7.1975, p.23

E.2 Council Directive 75/442/EEC of 15 July 1975 on waste
     OJ L 194, 25.7.1975, p.39

E.3 Council Directive 76/403/EEC of 6 April 1976 on the disposal of
     polychorinated biphenyls and polychlorinated terphenyls
     OJ L 108, 26.4.1976, p.41

E.4 Council Directive 78/176/EEC of 20 February 1978 on waste from the
     titanium dioxide industry (amended by Directive 83/29/EEC)
     OJ L 54, 25.2.1978, p.19

E.5 Council Directive 78/319/EEC of 20 March 1978 on toxic and
     dangerous waste
     OJ L 84, 31.3.1978, p.43

E.6 Council Direotive 82/883/EEC of 3 December 1982 on procedures for
     the surveillance and monitoring of environments concerned by waste
     from the titanium dioxide industry
     OJ L 378, 31.12.1982, p.l

E.7 Council Directive 84/631/EEC of 6 December 1984 on the supervision
     and control within the European Community of the transfrontier
     shipment of hazardous waste (amended by Directives 86/121/EEC,
     86/279/EEC and 87/112/EEC)
     OJ L 326, 13.12.1984, p.31

E.8 Council Directive 85/339/EEC of 27 June 1985 on containers of
     liquids for human consumption
     OJ L 176, 6.7.1985, p.18

E.9 Council Directive 86/278/EEC of 12 June 1986 on the protection of
     the environment, and in particular of the soil, when sewage sludge
     is used in agriculture
     OJ L 181, 4.7.1986, p.6

E.10 Council Directive 89/428/EEC of 21 June 1989 on procedures for
     harmonizing the programmes for the reduction and eventual
     elimination of pollution caused by waste from the titanium dioxide
     industry
     OJ L 201, 14.7.1989, p.56

```

```
                   - 317 
           F - NATURE AND THE LIVING ENVIRONMENT

F.l Council Direotive 79/409/EEC of 2 April 1979 on the conservation of
    wild birds (amended by Directive 85/411/EEC)
    OJ L 103, 25.4.1979, p.l

F.2 Coimcl.1 Regulation (EEC) No 3626/82 of 3 December 1982 on the
     implementation in the Ctammunity of the Convention on international
     trade in endangered species of wild fauna and flora (amended by
     various Regulations which apply directly)
     0 J L 3 8 4, 31.12.1982, p.l

F.3 Council Directive 83/129/EEC of 28 March 1983 concerning the
     importation into Member States of skins of certain seal pups and
     products derived therefrom (amended by Directives 83/129/EEC
     and 89/370/EEC)
     OJ L 91, 9.4.1983, p.30

F.4 Council Directive 85/337/EEC of 27 June 1985 on the assessment of
     the effects of certain public and private projects on the
     environment

     OJ L 175, 5.7.1985, p.40

F.5 Council Directive 86/609/EEC of 24 November 1986 on the
     approximation of laws, regulations and administrative provisions of
     the Member States regarding the protection of animals used for
     experimental and other scientific purposes
     OJ L 358, 18.12.1986, p.l

```

```
           - 318 
          A N N E X

  NUMBER OF COMPLAINTS AND CASES DETECTED BY THE

        COMMISSION'S OWN INQUIRIES

ENVIRONMENT COMMISSION

```

```
Cases detected

by Commission

112

192

145

244

293

260

307

352

283

```

```
  Total

complaints

 352

 399

 476

 585

 791

 850

1 137

1 195

1 252

```

```
Year Complaints

```

```
Cases detected

by Commission

    2

   10

   32

   38

   33

   60

   42

```

```
1982

1983

1984

1985

1986

1987

1988

1989

1990

```

```
 10

 8

 9

 37

165

150

216

465

480

```

```
CORRIGENDUM ANNtA
                Number of proceedings initiated, by stage of proceedings

```

_**S ft**_

```
Envi ronment Comni s s i on

```

```
Reasoned opinions and !
[referrals executed in ]
|199U (environment)

```

```
                                                            Reasoned"

' Letters of Reasoned Referrals Letters of Reasoned [Referrals opinions
• formal notice to Court formal notice

```

```
Reasoned

opinions

```

```
Referrals

to Court

```

```
Letters of

formal notice

```

```
Reasoned

opinions

```

```
[Referrals

•to Court

```

```
Referrals

```

```
Î1982Ï

I1983I

I1984!

I1985!

I1986!
Ï1987Î

I1988I

I1989!

',1990!

```

```
157

 83

148

233

164

197

227

180

251

```

```
BEL

D

EK

EL

ES

F

IRL

I

PB

L

P

IK

Total 39 14

```

```
 2

23

10

 3

11

21

14

```

```
 16

 35
```

_**65**_

```
 69

134

159

 93

101

167

```

```
 7

 1

33

26

11

24

71

26

39

```

```
335

289

454

503

516

572

569

664

960

```

```
 45

 42

 54

113

 71

 69

 73

 96

 77

```

```
                        Proceedings initiated, by legal basis

            cnvi ronment Conmi s s i on

, No measures. Not properly. Not properly .Treaties and. TotaK*) ! [ N o] measures; Not properly jNot properly Treaties ancj T/otalC*!)
, notified, incorporated, applied Regulations . .notified •incorporated » applied • Regulations »

```

```
335

289

454

503

516

572

569

664

960

```

```
 82

103

169

202

143

145

137

143

145

```

```
 37

 27

 17

 14

 54

125

117

169

162

```

```
1982!

1983!

1984!

1985!

1986!

1987!

1988!

1989!

1990!

```

```
 15

 23

 48

 58

 84

 68

 36

 46

131

```

```
206

140

222

257

268

260

282

327

616

```

```
10

19

46

30

51

42

33

25

37

```

```
 2

 2

 1

 9

58

30

37

62

```

```
 1

10

15

10

32

30

24

17

24

```

```
 16

 35

 65

 69

134

158

 93

101

220

```

```
(* ) The total number of proceedings initiated in the period 1982-89 refers solely to letters of notice served.

```

**-320-**

**ANNEX** **3 / 2**

**fi? Tl T?ftr*!KMRKR 1QQH**

```
(1) By sector and legal basis

```

```
Not
properly
applied

  11

   1

  72

  47

  87

  218

```

```
Not
properly
incorporated

   16

   5

   31

   2

   9

   7

  70

```

```
Air

Chemicals

Water

Noise

Waste

Nature

```

```
No

measures

notified

  10

  21

   9

  19

  20

   4

```

```
Total 83

```

```
(2) By sector and stage of proceedings

```

```
Reasoned
opinion

  15

  11

  58

  18

  33

  55

  190

```

```
Total

 37

 27

112

 21

 76

 98

371

Total

 37

 27

 112

 21

 76

 98

 371

```

```
Air

Chemicals

Water

Noise

Waste

Nature

Total

```

```
Letter of

formal

notice

  15

  13

  25

   2

  30

  30

  115

```

```
Referral

to Court

   7

   3

  29

   1

  13

  13

  66

```

```
321 - ANNEX g/g

```

```
(3) Situation compared with 1989

 (a) by legal basis

       No measures Not Not properly
       notified properly applied
              •Lncorporated

```

```
Total

362

371

```

```
31.12.1989

31.12.1990

```

```
60

83

```

```
90

70

```

```
213

218

```

```
(b) by stage of proceedings

       Letter of Reasoned

       formal opinion

       notice

```

```
Referral Total

```

```
362

371

```

```
76

190

```

```
44

66

```

```
31.12.1989

31.12.1990

```

```
242

115

```

```
(c) by sector

Air

Chemicals

Water

Noise

Waste

Nature

```

```
31.12.1989 31.12.1990

```

```
32

 25

104

 13

62

129

```

```
 37

 27

112

 21

 76

 98

```

```
Total 362 371

```

```
(1)

(2)

```

```
The figures include the cases on which the Commission
had taken a decision by 31 December each year.
Following a change in oiicumstances, a decision may not
have been executed.

Proceedings concerning Direotive 85/337 (impact
assessment) are included under Nature.

```

-322

**A N N E X** **4**

**STXariFICANT OOORT** **OF** **eTO^r-THE >mnra<*RMTR**

**(XNCERNING** **THE** **-F^rTlNHf^**

```
Date of

Judgment Reported

```

**Case**

```
141/78

 21/79

 32/79

 91/79

 92/79

804/79

30 to

 34/81

 68/81

 69/81

 70/81

 71/81

 72/81

 73/81

50 to

 58/82

172/82

295/82

173/83

```

```
Parties

France

Commission

v Italy

Ctammission

v UK

Commission

v Italy

Commission

v Italy

Commission

v UK

Commission

v Italy

Commission

v Belgium

 ditto

 ditto

 ditto

 ditto

 ditto

Dorca

Marina

Inter
Huiles

Rhône Alpes

Huiles

Commission

v France

```

```
Subject

```

```
Sea fisheries 4.10.79

Petroleum 8.1.80

products

Sea fisheries 10.7.80

Detergents 18.3.80

Sulphur content 18.3.80

Sea fisheries 5.8.81

Waste oils 17.12.81

Surface waster

Waste

Bathing water
Disposal of polychlorinated bi
phenYls + triphenyls

Titanium dioxide 2.2.82

industry

Waste 2.2.82

Waste oils 2.2.82

Disposal of poly- 2.2.82
chlorinated bi
phenYls + triphenyls

Bathing water 2.2.82

Surface water 2.2.82

Fisheries 28.10.82

Waste oils 10.3.83

Waste oils 9.2.84

Waste oils 7.2.85

```

```
[1979] ECR 2923

[1980] ECR 1

[1980] ECR 2403

[1980] ECR 1099

[1980] ECR 1115

[1981] ECR 1045

[1981] ECR 3379

[1982] ECR 153

[1982] ECR 163

[1982] ECR 169

[1982] ECR 175

[1982] ECR 183

[1982] ECR 189

[1982] ECR 3949

[1983] ECR 555

[1984] ECR 575

[1985] ECR 491

```

```
Reported

[1985] ECR 531

[1985] ECR 3013

[1986] ECR 3645

[1987] ECR 2797

[1987] ECR 2141

[1987] ECR 2415

[1987] ECR 2545

[1987] ECR 3029

[1987] ECR 3073

[1987] ECR 3483

[1987] ECR 3503

[1987] ECR 4045

[1987] ECR 3989

 [1987] ECR 4069

 [1988] ECR 1

 [1988] ECR 843

 [1988] ECR 1237

 [1988] ECR 2243

 [1988] ECR 3995

```

```
      -323
Subject

Waste oils

Dangerous subst.

Waste disposal

Groundwater

Waste

Biodegradability

Water pollution

Wild birds

Wild birds

```

```
Case

240/83

187/84

239/85

 1/86

372 to

374/85

134/86

 14/86

247/85

262/85

291/84

412/85

208/85

236/85

278/85

227,228

229 and

230/85

429/85

302/86

309/86

252/85

322/86

```

```
Parties

ADBHCT

Caldana

Commission

v Belgium

 ditto

Traen

Commission

v Belgium

Pretore di

Salô

Commission

v Belgium

Commission

v Italy

```

```
Commission

v Denmark

Commission

v Belgium

Ctammission

v Italy

Commission

v Denmark

Commission

v Italy

Commission

v France

Commission

v Italy

```

```
Dangerous subst.

Titanium dioxide,

waste,

waste oils

Dangerous subst.

Packaging

Biodegradability

Wild birds

Protection of

fresh waters

```

```
Commission Groundwater

v Nether land s

```

```
Commission

v Germany

 ditto

```

```
Wild birds

Dangerous subst.

```

```
Commission Wild birds

v Netherlands

```

```
Date of

Judgment

7.2.85

26.9.85

2.12.86

17.6.87

12.5.87

4.6.87

11.6.87

8.7.87

8.7.87

17.9.87

17.9.87

14.10.87

13.10.87

14.10.87

14.1.88

23.2.88

20.9.88

2.3.88

27.4.88

 12.7.88

```

```
-324
```

```
Case

228/87

57/89R

380/87

C-339/87

359/88

206 and

207/88

```

```
Parties Subject

```

```
Criminal

proceedings
against X

Commission

v Germany

Balsamo

```

Ctammission
v Netherlands

Zanetti

```
Zanetti and

Vessoso

```

```
Water for human

consumption

Wild birds

Waste

Wild birds

Waste

Waste

Wild birds

Reports

Waste

Drinking water

Wild birds

CITES

Cadmium waste

```

```
Date of

Judgment

22.9.88

16.8.89

13.7.89

15.3.90

20.3.90

28.3.90

23.5.90

13.6.90

14.6.90

5.7.90

3.7.90

29.11.90

13.12.90

```

```
Reported

[1988] ECR 5099

[1989] ECR 2849

[1989] ECR 2491

[1990] ECR

1-1461

[1990] ECR

1-1509

[1990] ECR

1-1461

[1990] ECR

1-2143

[1991] ECR

1-2391

[1990] ECR

1-2425

[1990] ECR

1-2821

[1990] ECR

1-2721

```

```
169/89

```

```
Van den Bourg

```

```
C-162/89

C-48/89

C^£2/89

C-288/88

C-182/89

C-70/89

```

```
Commission

v Belgium

Ctammission

v Italy

Commission

v Belgium

Commission

v Germany

Ctammission

v France

Ctammission

v Italy

```

**ISSN 0254-1475**

**COM(91) 321** **final**

## **DOCUMENTS**

**EN** **01**

**Catalogue number** **: CB-CO-91-359-EN-C**

**ISBN 92-77-74990-3**

**Office for Official Publications of the** **European** **Communities**

**L-2985** **Luxembourg**